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, JANUARY 4, 2007 No. 1 Senate The fourth day of January being the CERTIFICATES OF ELECTION AND STATE OF OHIO day prescribed by House Joint Resolu- CREDENTIALS CERTIFICATE OF ELECTION FOR SIX-YEAR TERM tion 101 for the meeting of the 1st Ses- The VICE PRESIDENT. The Chair To the President of the Senate of the United sion of the 110th Congress, the Senate lays before the Senate the certificates States: This is to certify that on the 7th day of No- assembled in its Chamber at the Cap- of election of 33 Senators elected for 6- itol and at 12 noon was called to order vember, 2006, Sherrod Brown was duly chosen year terms beginning January 3, 2007. by the qualified electors of the State of Ohio by the Vice President [Mr. CHENEY]. All certificates, the Chair is advised, a Senator from said State to represent said are in the form suggested by the Sen- State in the Senate of the United States for PRAYER ate or contain all the essential require- the term of six years, beginning on the 3rd The Chaplain, Dr. Barry C. Black, of- ments of the form suggested by the day of January, 2007. fered the following prayer: Senate. If there be no objection, the In Witness Whereof, I have hereto sub- scribed my name and caused the Great Seal Let us pray. reading of the above-mentioned letters of the State of Ohio to be affixed at Colum- Eternal Spirit, whom to find is life and certificates will be waived, and bus, this 8th day of December, in the year and whom to miss is death, from age to they will be printed in full in the Two Thousand and Six. age you provide hope to those who RECORD. BOB TAFT, trust you. In a changing world, you are There being no objection, the mate- Governor. changeless. Lord, you have given us the rial was ordered to be printed in the STATE OF WEST VIRGINIA gift of a new year, with all of its possi- RECORD, as follows: CERTIFICATE OF ELECTION FOR SIX-YEAR TERM bilities and promises. STATE OF HAWAII To the President of the Senate of the United Empower the Members of this new CERTIFICATE OF ELECTION FOR SIX-YEAR TERM States: 110th Congress to use this season of op- To the President of the Senate of the United This is to certify that on the seventh day portunity for Your glory. As they labor States: of November, 2006, Robert C. Byrd was duly with You, help them to place our coun- This is to certify that on the 7th day of No- chosen by the qualified electors of the State try’s needs ahead of perceived political vember, 2006, Daniel K. Akaka, was duly cho- of West Virginia, a Senator from said State advantages. Lead them from mistrust sen by the qualified electors of the State of to represent said State in the Senate of the to trust. Use them to help bring peace Hawaii a Senator from said State to rep- United States for the term of six years, be- resent said State in the Senate of the United to our world. Show them the priorities ginning on the third day of January, 2007. States for the term of six years, beginning Witness: His excellency our governor Joe that best honor You and inspire them on the 3rd day of January, 2007. Manchin III, and our seal hereto affixed at to act promptly. May they strive to Witness: Her excellency our Governor Charleston this 22nd day of November, in the achieve and maintain ethical and Linda Lingle, and our seal hereto affixed at year of our Lord 2006. moral fitness. When they feel discour- Honolulu, Hawaii this 27th day of November, By the Governor: agement, remind them that You are in the year of our Lord, 2006. JOE MANCHIN, III, working for the good of those who love By the Governor: Governor. LINDA LINGLE, You. As a challenging and promising Governor. STATE OF WASHINGTON future beckons, guide their steps and CERTIFICATE OF ELECTION FOR SIX-YEAR TERM supply their needs. Lead the new lead- STATE OF NEW MEXICO ers of our legislative branch with Your To the President of the Senate of the United CERTIFICATE OF ELECTION FOR SIX-YEAR TERM States: sure hand. May they follow You with- To the President of the Senate of the United This is to certify, that at the General Elec- out hesitation. States: tion held in the State of Washington on the We pray in Your Sovereign Name. This is to certify that on the 7th day of No- 7th day of November, 2006, Maria Cantwell Amen. vember, 2006, Jeff Bingaman, was duly cho- was duly chosen by the qualified electors of sen by the qualified electors of the State of the State of Washington as Senator from New Mexico a Senator from said State to f said State of Washington to represent said represent said State in the Senate of the State of Washington in the Senate of the United States for the term of six years, be- United States for the term of six years, be- PLEDGE OF ALLEGIANCE ginning on the 3rd day of January, 2007. ginning on the 3rd day of January, 2007. Witness: His excellency our Governor Bill The VICE PRESIDENT led the Witness: Her excellency our Governor Richardson, and our seal hereto affixed at Christine Gregoire, and our seal hereto af- Pledge of Allegiance, as follows: Santa Fe this 30th day of November, in the fixed at Olympia, Washington this 21st day I pledge allegiance to the Flag of the year of our Lord, 2006. of December, 2006. United States of America, and to the Repub- By the Governor: By the Governor: lic for which it stands, one nation under God, BILL RICHARDSON, CHRISTINE GREGOIRE, indivisible, with liberty and justice for all. Governor. Governor.
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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STATE OF MARYLAND the qualified electors of the State of North of Utah a Senator from said State to rep- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Dakota to represent North Dakota in the resent said State in the Senate of the United To the President of the Senate of the United Senate of the United States for the term of States for the term of six years, beginning at States: six years, beginning on the 3rd day of Janu- noon on the third day of January, 2007. This is to certify that on the 7th day of No- ary 2007. In Witness Whereof, I have hereunto set vember, 2006, Benjamin L. Cardin was duly In witness whereof, we have set our hands my hand at Salt Lake City, this 27th day of chosen by the qualified voters of the State of at the Capitol City of Bismarck this 21st day November, 2006. Maryland a Senator from said State to rep- of November 2006, and affixed the Great Seal JON M. HUNTSMAN, JR., resent said State in the Senate of the United of the State of North Dakota. Governor. States for the term of six years, beginning JOHN HOEVEN, on the 3rd day of January, 2007. Governor. STATE OF TEXAS Witness: His Excellency our Governor Rob- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM STATE OF TENNESSEE ert L. Ehrlich, Jr., and our seal hereto af- To the President of the Senate of the United fixed at the City of Annapolis, this 8th day of CERTIFICATE OF ELECTION FOR SIX-YEAR TERM States: December, in the Year of Our Lord Two To the President of the Senate of the United This is to certify that on the 7th day of No- Thousand and Six. States: vember, 2006, Kay Bailey Hutchison was duly ROBERT L. EHRLICH, Jr. This is to certify that on the 7th day of No- chosen by the qualified electors of the State Governor. vember 2006, Bob Corker was duly chosen by of Texas, a Senator from said State to rep- the qualified electors of the State of Ten- resent said State in the Senate of the United STATE OF DELAWARE nessee a Senator from said State to rep- States for the term of six years, beginning CERTIFICATE OF ELECTION FOR SIX-YEAR TERM resent said State in the Senate of the United on the 3rd day of January, 2007. To the President of the Senate of the United States for the term of six years, beginning Witness: His excellency our governor Rick States: on the 3rd day of January 2007. Perry, and our seal hereto affixed at Austin, This is to certify that on the 7th day of No- Witness: His excellency our governor Phil Texas this 6th day of December, in the year vember, 2006, Thomas R. Carper was duly Bredesen, and our seal hereto affixed at of our Lord 2006. chosen at an election, in due manner held ac- Nashville this 7th day of December in the By the Governor: cording to the form of the Act of the General year of our Lord 2006. RICK PERRY, Assembly of the State of Delaware and of the By the governor: Governor. Act of Congress, a Senator from said State PHIL BREDESEN, to represent said State in the Senate of the Governor. STATE OF MASSACHUSETTS United States for the term of six years, be- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM ginning noon on the 3rd day of January 2007. STATE OF NEVADA Given under my hand and the Great Seal of To the President of the Senate of the United the said State, at Dover, this 27th day of No- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM States: vember in the year of our Lord Two Thou- To the President of the Senate of the United This is to certify that on the seventh day sand Six, and of the Independence of the States: of November, two thousand and six, Edward United States of America Two Hundred Thir- This is to certify that at a general election M. Kennedy was duly chosen by the qualified ty. held in the State of Nevada on Tuesday, the electors of the Commonwealth of Massachu- By the Governor: seventh day of November, two thousand six setts a Senator from said Commonwealth to RUTH ANN MINNER, John E. Ensign was duly elected a Member of represent said Commonwealth in the Senate Governor. the United States Senate, in and for the of the United States for the term of six State of Nevada, for the term of six years years, beginning on the third day of January, STATE OF PENNSYLVANIA from and after the third day of January, two two thousand and seven. CERTIFICATE OF ELECTION FOR SIX-YEAR TERM thousand seven: Now, therefore, I Kenny C. Witness: Her Honor, the Lieutenant Gov- To the President of the Senate of the United Guinn, Governor of the State of Nevada, by ernor, Acting Governor, Kerry Healey, and States: the authority in me vested in the Constitu- our seal hereto affixed at Boston, this sixth This is to certify that on the seventh day tion and laws thereof, do hereby commission day of December in the year of our Lord two of November, 2006, Bob Casey, Jr. was duly him, the said John E. Ensign as a Member of thousand and six. chosen by the qualified electors of the Com- the United States Senate for the State of Ne- By Her Honor, the Lieutenant Governor, monwealth of Pennsylvania as a United vada, and authorize him to discharge the du- Acting Governor States Senator to represent Pennsylvania in ties of said office according to law, and to KERRY HEALEY, the Senate of the United States for a term of hold and enjoy the same, together with all Lieutenant Governor, six years, beginning on the third day of Jan- powers, privileges and emoluments there- Acting Governor. uary, 2007. unto appertaining. Witness: His excellency our Governor, Ed- In Testimony Thereof, I have hereunto set STATE OF MINNESOTA ward G. Rendell, and our seal hereto affixed my hand and caused the Great Seal of the CERTIFICATE OF ELECTION FOR SIX-YEAR TERM at Harrisburg this fifteenth day of December, State of Nevada to be affixed at the State To the President of the Senate of the United in the year of our Lord, 2006. Capitol at Carson City, Nevada this twenty States: By the Governor: sixth day of December, two thousand six. This is to certify that on the Seventh day EDWARD G. RENDELL, KENNY C. GUINN, of November 2006, Amy Klobuchar was duly Governor. Governor. chosen by the qualified electors of the State of Minnesota, a Senator from said State to STATE OF NEW YORK STATE OF CALIFORNIA CERTIFICATE OF ELECTION FOR SIX-YEAR TERM represent said State in the Senate of the CERTIFICATE OF ELECTION FOR SIX-YEAR TERM United States for the term of six years, be- To the President of the Senate of the United To the President of the Senate of the United ginning on the 3rd day of January, 2007. States: States: Witness: His excellency our Governor Tim This is to certify that on the seventh day This is to certify that on the 7th day of No- Pawlenty, and our seal hereto affixed at St. of November, two thousand six, Hillary vember, 2006, Dianne Feinstein was duly cho- Paul, Minnesota this 11th day of December, Rodham Clinton was duly chosen by the sen by the qualified electors of the State of in the year of our Lord 2006. qualified electors of the State of New York a California as a Senator from said State to By the Governor: Senator from said State to represent said represent said State in the Senate of the TIM PAWLENTY, State in the Senate of the United States for United States for the term of six years, be- Governor. a term of six years, beginning on the third ginning on the 3rd day of January, 2007. day of January two thousand seven. Witness: His excellency our Governor In Witness Whereof I have hereunto set my STATE OF WISCONSIN George E. Pataki, and our seal hereto affixed hand and caused the Great Seal of the State CERTIFICATE OF ELECTION FOR SIX-YEAR TERM of California to be affixed this 6th day of De- at Albany, New York, this twenty-sixth day To the President of the Senate of the United cember, 2006. of December in the year two thousand six. States: RNOLD SCHWARZENEGGER, By the Governor: A This is to certify that on the 7th of Novem- GEORGE E. PATAKI, Governor. ber, 2006, Herb Kohl was duly chosen by the Governor. qualified electors of the State of Wisconsin a STATE OF UTAH Senator from said State to represent said STATE OF NORTH DAKOTA CERTIFICATE OF ELECTION FOR SIX-YEAR TERM State in the Senate of the United States for CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United the term of six years, beginning on the 3rd To the President of the Senate of the United States: day of January, 2007. States: This is to certify that on the seventh day Witness: His excellency our governor Jim This is to certify that on the 7th day of No- of November, 2006, Orrin G. Hatch was duly Doyle, and our seal hereto affixed at Madison vember 2006, Kent Conrad was duly chosen by chosen by the qualified electors of the State this 12th day of December 2006.
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By the Governor: sen by the qualified electors of the State of STATE OF MICHIGAN JIM DOYLE, Missouri, a Senator from said State to rep- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Governor. resent said State in the Senate of the United To the President of the Senate of the United States for the term of six years, beginning States: STATE OF CONNECTICUT on the 3rd day of January, 2007. This is to certify that on the 7th day of No- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Witness: His Excellency our Governor Matt vember, 2006, Debbie Stabenow was duly cho- To the President of the Senate of the United Blunt, and our seal hereto affixed at the City sen by the qualified electors of the State of States: of Jefferson this 30th day of November, in Michigan a Senator from the State of Michi- This is to Certify that on the seventh day the year of our Lord 2006. gan to represent the State of Michigan in the of November, two thousand and six, Joe By the Governor: Senate of the United States for the term of Lieberman was duly chosen by the qualified MATT BLUNT, six years, beginning on the 3rd day of Janu- electors of the State of Connecticut Senator Governor. ary, 2007. from said State to represent said State in Given under my hand and the Great Seal of the Senate of the United States for the term STATE OF NEW JERSEY the State of Michigan this 27th day of No- of six years, beginning on the third day of CERTIFICATE OF ELECTION FOR SIX-YEAR TERM vember, in the year of our Lord, two thou- January two thousand and seven. To the President of the Senate of the United sand and six. Witness: Her Excellency our Governor; M. States: By the Governor: Jodi Rell and our seal hereto affixed at Hart- This is to certify that on the 7th day of No- JENNIFER M. GRANHOLM, ford, this twenty-ninth day of November, in vember, 2006, Robert Menendez, was duly Governor. the year of our Lord two thousand six. chosen by the qualified electors of the State STATE OF MAINE M. JODI RELL, of New Jersey, a Senator from said State to Governor. represent said State in the Senate of the CERTIFICATE OF ELECTION FOR SIX-YEAR TERM United States for the term of six years, be- To the President of the Senate of the United STATE OF ARIZONA ginning on the third day of January, 2007. States: CERTIFICATE OF ELECTION FOR SIX-YEAR TERM By the Governor: This is to certify that on the Seventh day To the President of the Senate of the United Given, under my hand and the Great Seal of November, in the year Two Thousand and States: of the State of New Jersey, this 11th day of Six, Olympia J. Snowe was duly chosen by This is to certify that on the 7th day of No- December, two thousand and six. the qualified electors of the State of Maine a vember 2006, Jon Kyl was duly chosen by the JON CORZINE, Senator from said State to represent said qualified electors of the State of Arizona a Governor. State in the Senate of the United States for Senator from said State to represent said the term of six years, beginning on the third State in the Senate of the United States for STATE OF FLORIDA day of January, in the year Two Thousand the term of six years, beginning on the 3rd CERTIFICATE OF ELECTION FOR SIX-YEAR TERM and Seven. Witness: His excellency our Governor, day of January 2007. To the President of the Senate of the United Witness: Her excellency the Governor of John E. Baldacci, and our seal hereto affixed States: at Augusta, Maine this twenty-seventh day Arizona, and the Great Seal of the State of This is to certify that on the 7th day of No- of November, in the year of our Lord Two Arizona hereto affixed at the Capitol in vember, 2006, Bill Nelson, was duly chosen by Thousand and Six. Phoenix this 4th day of December 2006. the qualified electors of the State of Florida By the Governor: JANET NAPOLITANO, a Senator from said State to represent said JOHN E. BALDACCI, Governor. State in the Senate of the United States for Governor. the term of six years, beginning on the 3rd STATE OF MISSISSIPPI day of January, 2007. STATE OF MONTANA CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Witness: His excellency our Governor, Jeb CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United Bush, and our seal hereto affixed at Talla- hassee, the Capitol, this 22st day of Novem- To the President of the Senate of the United States: States: This is to Certify that on the 7th day of ber, in the year of our Lord 2006. By the Governor: I, Brad Johnson, Secretary of State of the November, 2006, the Honorable Trent Lott State of Montana, do hereby certify that Jon JEB BUSH, was duly chosen by the qualified electors of Tester was duly chosen on November 7th, Governor. the State of Mississippi, a Senator from said 2006, by the qualified electors of the State of State to represent said State in the Senate Montana as a United States Senator from STATE OF NEBRASKA of the United States for the term of six said State to represent said State in the years, beginning on the 3rd day of January, CERTIFICATE OF ELECTION FOR SIX-YEAR TERM United States Senate. The six year term 2007. To the President of the Senate of the United commences on January 3rd, 2007. Witness: His Excellency our Governor States: Witness: His excellency our Governor, Haley Barbour, and the Great Seal of the This is to certify that on the 7th day of No- Brian Schweitzer, and the official seal here- State of Mississippi hereto affixed at Jack- vember, 2006, E. Benjamin Nelson was duly unto affixed at the City of Helena, the Cap- son, Hinds County, Mississippi this 19th day chosen by the qualified electors of the State ital, this 27th day of November, in the year of December, in the year of our Lord 2006. of Nebraska from said State to represent of our Lord 2006. HALEY BARBOUR, said State in the Senate of the United States By the Governor: Governor. for the term of six years, beginning on the BRIAN SCHWEITZER, 3rd day of January, 2007. Governor. STATE OF INDIANA Witness: His excellency our governor Dave CERTIFICATE OF ELECTION FOR A SIX-YEAR Heineman, and our seal hereto affixed at STATE OF WYOMING TERM Lincoln, Nebraska this 11th day of Decem- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United ber, in the year of our Lord 2006. To the President of the Senate of the United States: By the Governor: States: This is to certify that on the seventh day DAVE HEINEMAN, This is to certify that on the 7th day of No- of November 2006, Richard G. Lugar was duly Governor. vember 2006, Craig Thomas was duly chosen chosen by the qualified electors of the State by the qualified electors of the State of Wyo- of Indiana a Senator from said State to rep- STATE OF VERMONT ming, a Senator from said State to represent resent said State in the Senate of the United CERTIFICATE OF ELECTION FOR SIX-YEAR TERM said State in the Senate of the United States States for the term of six years, beginning To the President of the Senate of the United for the term of six years, beginning on the on the 3rd day of January, 2007. States: 3rd day of January 2007. Witness: His excellency our Governor This is to certify that on the 7th day of No- Witness: His excellency our Governor, Mitchell E. Daniels, Jr., and our seal hereto vember, 2006, Bernard Sanders was duly cho- Dave Freudenthal, and our seal hereto af- affixed at Indianapolis, this the thirteenth sen by the qualified electors of the State of fixed at the Wyoming State Capitol, Chey- day of December, in the year, 2006. Vermont a Senator from said State to rep- enne, Wyoming, this 15th day of November, By the Governor: resent said State in the Senate of the United in the year of our Lord 2006. M. E. DANIELS, Jr., States for the term of six year, beginning on DAVE FREUDENTHAL, Governor. the 3rd day of January, 2007. Governor. Witness: His Excellency our Governor STATE OF MISSOURI James H. Douglas, and our seal hereto af- STATE OF VIRGINIA CERTIFICATE OF ELECTION FOR SIX-YEAR TERM fixed at Montpelier this 16th day of Novem- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM To the President of the Senate of the United ber, in the year of our Lord 2006. To the President of the Senate of the United States: By the Governor: States: This is to certify that on the 7th day of No- JAMES H. DOUGLAS, This is to certify that on the 7th day of No- vember, 2006, Claire McCaskill was duly cho- Governor. vember, 2006, an election was held in the
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S4 CONGRESSIONAL RECORD — SENATE January 4, 2007 Commonwealth of Virginia and James H. These Senators, escorted by Mr. The VICE PRESIDENT. Congratula- ‘‘Jim’’ Webb, Jr., was duly chosen by the SCHUMER, Mr. DORGAN, Mr. Frist, and tions. qualified electors of the Commonwealth of Mr. REID, respectively, advanced to the (Applause, Senators rising.) Virginia as a Senator to represent the Com- monwealth of Virginia in the Senate of the desk of the Vice President, the oath The VICE PRESIDENT. The clerk United States for the term of six years, be- prescribed by law was administered to will call the names of the next group of ginning on the 3rd day of January, 2007. them by the Vice President, and they Senators. In Testimony Whereof our Governor has severally subscribed to the oath in the The legislative clerk called the hereunto signed his name and affixed the Official Oath Book. names of Ms. STABENOW, Mr. TESTER, Lesser Seal of the Commonwealth at Rich- The VICE PRESIDENT. Congratula- Mr. THOMAS, and Mr. WEBB. mond, this 8th day of December, 2006, and in tions. These Senators, escorted by Mr. the two hundred thirty-first year of the (Applause, Senators rising.) Commonwealth. LEVIN, Mr. BAUCUS, Mr. Melcher, Mr. By the Governor: The VICE PRESIDENT. The clerk ENZI, Mr. Robb, and Mr. WARNER, re- TIMOTHY M. KAINE, will read the names of the next group spectively, advanced to the desk of the Governor. of Senators. Vice President, the oath prescribed by The legislative clerk called the law was administered to them by the STATE OF RHODE ISLAND names of Mrs. FEINSTEIN, Mr. HATCH, Vice President, and they severally sub- CERTIFICATE OF ELECTION FOR SIX-YEAR TERM Mrs. HUTCHISON, and Mr. KENNEDY. scribed to the oath in the Official Oath To the President of the Senate of the United These Senators, escorted by Mrs. Book. States: BOXER, Mr. BENNETT, Mr. CORNYN, and The VICE PRESIDENT. Congratula- This is to certify that on the 7th day of No- Mr. KERRY, respectively, advanced to vember, 2006, Sheldon Whitehouse duly cho- tions. the desk of the Vice President, the (Applause, Senators rising.) sen by the qualified electors of the State of oath prescribed by law was adminis- Rhode Island and Providence Plantations, The VICE PRESIDENT. The clerk Senator from said State to represent said tered to them by the Vice President, will call the names of the last group of State in the Senate of the United States for and they severally subscribed to the Senators. a term of six years, beginning at noon on the oath in the Official Oath Book. The legislative clerk called the name 3rd day of January, 2007. The VICE PRESIDENT. Congratula- of Mr. WHITEHOUSE. Witness: His Excellency our Governor Don- tions. This Senator, escorted by Mr. REED, ald L. Carcieri and our seal affixed on this (Applause, Senators rising.) 8th day of December, in the year of our Lord The VICE PRESIDENT. The clerk advanced to the desk of the Vice Presi- 2006. will read the next group of Senators. dent, the oath prescribed by law was DONALD L. CARCIERI, The legislative clerk called the administered to him by the Vice Presi- Governor. names of Ms. KLOBUCHAR, Mr. KOHL, dent, and he subscribed to the oath in f Mr. KYL, and Mr. LIEBERMAN. the Official Oath Book. ADMINISTRATION OF OATH OF These Senators, escorted by Mr. The VICE PRESIDENT. Congratula- OFFICE COLEMAN, Mr. Dayton, Mr. FEINGOLD, tions. (Applause, Senators rising.) The VICE PRESIDENT. If the Sen- Mr. MCCAIN, and Mr. DODD, respec- tively, advanced to the desk of the Vice ators to be sworn will now present f themselves at the desk in groups of President, the oath prescribed by law four as their names are called in alpha- was administered to them by the Vice RECOGNITION OF THE MAJORITY betical order, the Chair will administer President, and they severally sub- LEADER their oaths of office. scribed to the oath in the Official Oath Book. The VICE PRESIDENT. The majority The clerk will read the names of the leader is recognized. first group. The VICE PRESIDENT. Congratula- The legislative clerk called the tions. names of Mr. AKAKA, Mr. BINGAMAN, (Applause, Senators rising.) CALL OF THE ROLL The VICE PRESIDENT. The clerk Mr. BROWN, and Mr. BYRD. will call the names of the next group of Mr. REID. Mr. President, I suggest These Senators, escorted by Mr. the absence of a quorum. REID, Mr. DOMENICI, former Senator Senators. The legislative clerk called the The VICE PRESIDENT. The absence Glenn, and Mr. ROCKEFELLER, respec- names of Mr. LOTT, Mr. LUGAR, Mrs. of a quorum having been suggested, the tively, advanced to the desk of the Vice clerk will call the roll. President, the oath prescribed by law MCCASKILL, and Mr. MENENDEZ. These Senators, escorted by Mr. The legislative clerk proceeded to was administered to them by the Vice COCHRAN, Mr. BAYH, Mr. BOND, Mrs. call the roll. President, and they severally sub- Carnahan, and Mr. LAUTENBERG, re- [Quorum No. 1 Leg.] scribed to the oath in the Official Oath spectively, advanced to the desk of the PRESENT—89 Book. The VICE PRESIDENT. Congratula- Vice President, the oath prescribed by Akaka Dodd McCaskill tions. law was administered to them by the Alexander Domenici McConnell Vice President, and they severally sub- Allard Dorgan Menendez (Applause, Senators rising.) Baucus Durbin Mikulski The VICE PRESIDENT. The clerk scribed to the oath in the Official Oath Bayh Ensign Murray will read the names of the next group. Book. Bennett Enzi Nelson, Florida The legislative clerk called the The VICE PRESIDENT. Congratula- Biden Feingold Nelson, Nebraska tions. Bingaman Feinstein Obama names of Ms. CANTWELL, Mr. CARDIN, Bond Grassley (Applause, Senators rising.) Pryor Mr. CARPER, and Mr. CASEY. Boxer Hagel Reed The VICE PRESIDENT. The clerk Brown Harkin These Senators, escorted by Mrs. Reid Bunning Hatch MURRAY, Mr. SARBANES, Mr. BIDEN, and will call the names of the next group of Rockefeller Burr Hutchison Senators. Salazar Mr. SPECTER, respectively, advanced to Byrd Inhofe Sanders the desk of the Vice President, the The legislative clerk called the Cantwell Isakson names of Mr. NELSON of Florida, Mr. Cardin Kennedy Schumer oath prescribed by law was adminis- Shelby NELSON of Nebraska, Mr. SANDERS, and Carper Kerry tered to them by the Vice President, Casey Klobuchar Snowe Ms. SNOWE. and they severally subscribed to the Chambliss Kohl Specter oath in the Official Oath Book. These Senators, escorted by Mr. Clinton Kyl Stabenow MARTINEZ, Mr. BYRD, Mr. HAGEL, Mr. Coburn Landrieu Stevens The VICE PRESIDENT. Congratula- Sununu LEAHY, and Ms. COLLINS, respectively, Cochran Lautenberg tions. Coleman Leahy Tester (Applause, Senators rising.) advanced to the desk of the Vice Presi- Collins Levin Thomas The VICE PRESIDENT. The clerk dent, the oath prescribed by law was Conrad Lieberman Thune will read the names of the next group. administered to them by the Vice Corker Lincoln Vitter The legislative clerk called the President, and they severally sub- Cornyn Lott Voinovich Craig Lugar Warner names of Mrs. CLINTON, Mr. CONRAD, scribed to the oath in the Official Oath Crapo Martinez Webb Mr. CORKER, and Mr. ENSIGN. Book. DeMint McCain Whitehouse
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S5 ABSENT—11 NEW MEXICO Mr. MCCONNELL. I move to lay that Brownback Inouye Sessions Pete V. Domenici and Jeff Bingaman motion on the table. Dole Johnson Smith NEW YORK The motion to lay on the table was Graham Murkowski Wyden Gregg Roberts Charles E. Schumer and Hillary Rodham agreed to. Clinton The VICE PRESIDENT. Pursuant to The VICE PRESIDENT. A quorum is NORTH CAROLINA S. Res. 1, the Chair appoints the Sen- present. Elizabeth H. Dole and Richard Burr ator from Nevada, Mr. REID, and the f NORTH DAKOTA Senator from Kentucky, Mr. MCCON- LIST OF SENATORS BY STATES Kent Conrad and Byron Dorgan NELL, as a committee to join the com- mittee on the part of the House of Rep- OHIO ALASKA resentatives to wait upon the President Ted Stevens and Lisa Murkowski George Voinovich and Sherrod Brown of the United States and inform him ALABAMA OKLAHOMA that a quorum is assembled and that Richard C. Shelby and Jeff Sessions James M. Inhofe and Tom Coburn the Congress is ready to receive any ARIZONA OREGON communication he may be pleased to John McCain and Jon Kyl Ron Wyden and Gordon H. Smith make. ARKANSAS PENNSYLVANIA The majority leader is recognized. Blanche L. Lincoln and Mark L. Pryor Arlen Specter and Robert P. Casey, Jr. f CALIFORNIA RHODE ISLAND INFORMING THE HOUSE OF REP- Dianne Feinstein and Barbara Boxer Jack Reed and Sheldon Whitehouse RESENTATIVES THAT A QUORUM COLORADO SOUTH CAROLINA OF THE SENATE IS ASSEMBLED Lindsey Graham and Jim DeMint Wayne Allard and Ken Salazar Mr. REID. Mr. President, I send a CONNECTICUT SOUTH DAKOTA resolution to the desk. Christopher J. Dodd and Joseph I. Tim Johnson and John Thune The VICE PRESIDENT. The clerk Lieberman TENNESSEE will report the resolution by title. DELAWARE Lamar Alexander and Bob Corker The legislative clerk read as follows: Joseph R. Biden, Jr., and Thomas R. Car- TEXAS A resolution (S. Res. 2) informing the per Kay Bailey Hutchison and John Cornyn House of Representatives that a quorum of FLORIDA UTAH the Senate is assembled. Bill Nelson and Mel Martinez Orrin G. Hatch and Robert F. Bennett The VICE PRESIDENT. Without ob- GEORGIA VERMONT jection, the resolution is considered Saxby Chambliss and Johnny Isakson Patrick J. Leahy and Bernard Sanders and agreed to. HAWAII VIRGINIA The resolution (S. Res. 2) was agreed to, as follows: Daniel K. Inouye and Daniel K. Akaka John Warner and Jim Webb S. RES. 2 IDAHO WASHINGTON Resolved, That the Secretary inform the Larry E. Craig and Mike Crapo Patty Murray and Maria Cantwell House of Representatives that a quorum of ILLINOIS WEST VIRGINIA the Senate is assembled and that the Senate Richard Durbin and Barack Obama Robert C. Byrd and John D. Rockefeller IV is ready to proceed to business. INDIANA WISCONSIN Mr. REID. Mr. President, I move to Richard G. Lugar and Evan Bayh Herb Kohl and Russell D. Feingold reconsider the vote. IOWA WYOMING Mr. MCCONNELL. I move to lay that Chuck Grassley and Tom Harkin Craig Thomas and Michael B. Enzi motion on the table. KANSAS The VICE PRESIDENT. The majority The motion to lay on the table was Sam Brownback and Pat Roberts leader is recognized. agreed to. KENTUCKY f f Mitch McConnell and Jim Bunning INFORMING THE PRESIDENT OF ELECTION OF THE HONORABLE LOUISIANA THE UNITED STATES THAT A ROBERT C. BYRD AS PRESIDENT Mary L. Landrieu and David Vitter QUORUM OF EACH HOUSE IS AS- PRO TEMPORE MAINE SEMBLED Mr. REID. Mr. President, I send a Olympia J. Snowe and Susan M. Collins Mr. REID. Mr. President, I send a resolution to the desk. MARYLAND resolution to the desk and ask for its The VICE PRESIDENT. The clerk Barbara A. Mikulski and Benjamin L. consideration. will report the resolution by title. Cardin The VICE PRESIDENT. The clerk The legislative clerk read as follows: MASSACHUSETTS will report the resolution by title. A resolution (S. Res. 3) to elect ROBERT C. Edward M. Kennedy and John F. Kerry The legislative clerk read as follows: BYRD, a Senator from the State of West Vir- ginia, to be President pro tempore of the MICHIGAN A resolution (S. Res. 1) informing the Senate of the United States. Carl Levin and Debbie Stabenow President of the United States that a quorum of each House is assembled. The VICE PRESIDENT. Without ob- MINNESOTA jection, the resolution is considered Norm Coleman and Amy Klobuchar The VICE PRESIDENT. Without ob- jection, the resolution is considered and agreed to. MISSISSIPPI The resolution (S. Res. 3) was agreed Thad Cochran and Trent Lott and agreed to. The resolution (S. Res. 1) was agreed to, as follows: MISSOURI to, as follows: S. RES. 3 Christopher S. Bond and Claire McCaskill Resolved, That ROBERT C. BYRD, a Senator S. RES. 1 MONTANA from the State of West Virginia, be, and he Resolved, That a committee consisting of Max Baucus and Jon Tester is hereby, elected President of the Senate two Senators be appointed to join such com- pro tempore. NEBRASKA mittee as may be appointed by the House of Chuck Hagel and Benjamin E. Nelson Representatives to wait upon the President Mr. REID. Mr. President, I move to reconsider the vote. NEVADA of the United States and inform him that a quorum of each House is assembled and that Mr. MCCONNELL. I move to lay that Harry Reid and John Ensign the Congress is ready to receive any commu- motion on the table. NEW HAMPSHIRE nication he may be pleased to make. The motion to lay on the table was Judd Gregg and John E. Sununu Mr. REID. I move to reconsider the agreed to. NEW JERSEY vote by which the resolution was The VICE PRESIDENT. Senator Frank R. Lautenberg and Robert Menendez adopted. BYRD will be escorted to the desk.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S6 CONGRESSIONAL RECORD — SENATE January 4, 2007 Senator ROBERT C. BYRD, escorted by The VICE PRESIDENT. The clerk Mr. MCCONNELL. I move to lay that Mr. REID, Mr. MCCONNELL, and Mr. will report the resolution by title. motion on the table. ROCKEFELLER, respectively, advanced The legislative clerk read as follows: The motion to lay on the table was to the desk of the Vice President, and A resolution (S. Res. 6) expressing the agreed to. he subscribed to the oath in the Offi- thanks of the Senate to the Honorable TED Nancy Erickson, escorted by Mr. cial Oath Book. STEVENS for his service as President pro tem- REID and Mr. MCCONNELL, respectively, The VICE PRESIDENT. Congratula- pore of the United States Senate and to des- advanced to the desk of the Vice Presi- tions. ignate Senator STEVENS as President pro dent, the oath prescribed by law was tempore emeritus of the United States Sen- administered to her by the Vice Presi- [Applause, Senators rising.] ate. f dent, and she subscribed to the oath in The VICE PRESIDENT. Without ob- the Official Oath Book. NOTIFYING THE PRESIDENT OF jection, the resolution is agreed to. [Applause, Senators rising.] THE UNITED STATES OF THE The resolution (S. Res. 6) was agreed f ELECTION OF A PRESIDENT PRO to, as follows: NOTIFYING THE PRESIDENT OF TEMPORE S. RES. 6 THE UNITED STATES OF THE Mr. REID. Mr. President, I send a Resolved, That the United States Senate expresses its deepest gratitude to Senator ELECTION OF THE SECRETARY resolution to the desk. OF THE SENATE The VICE PRESIDENT. The clerk TED STEVENS for his dedication and commit- ment during his service to the Senate as the Mr. REID. Mr. President, I send a will report the resolution by title. President Pro Tempore. The legislative clerk read as follows: resolution to the desk. Further, as a token of appreciation of the The VICE PRESIDENT. The clerk A resolution (S. Res. 4) notifying the Presi- Senate for his long and faithful service, Sen- will report the resolution by title. dent of the United States of the election of ator TED STEVENS is hereby designated The legislative clerk read as follows: a President pro tempore. President Pro Tempore Emeritus of the United States Senate. A resolution (S. Res. 9) notifying the Presi- The VICE PRESIDENT. Without ob- dent of the United States of the election of jection, the resolution is considered Mr. MCCONNELL. Mr. President, I the Secretary of the Senate. and agreed to. move to reconsider the vote. The VICE PRESIDENT. Without ob- The resolution (S. Res. 4) was agreed Mr. REID. I move to lay that motion jection, the resolution is considered to, as follows: on the table. and agreed to. S. RES. 4 The motion to lay on the table was The resolution (S. Res. 9) was agreed Resolved, That the President of the United agreed to. to, as follows: States be notified of the election of the Hon- f S. RES. 9 orable ROBERT C. BYRD as President of the FIXING THE HOUR OF THE DAILY Resolved, That the President of the United Senate pro tempore. MEETING OF THE SENATE States be notified of the election of the Hon- Mr. REID. Mr. President, I move to orable Nancy Erickson as Secretary of the reconsider the vote. Mr. REID. Mr. President, I send a Senate. Mr. MCCONNELL. I move to lay that resolution to the desk. Mr. REID. Mr. President, I move to motion on the table. The VICE PRESIDENT. The clerk reconsider the vote. The motion to lay on the table was will report the resolution by title. Mr. MCCONNELL. I move to lay that agreed to. The legislative clerk read as follows: motion on the table. A resolution (S. Res. 7) fixing the hour of f The motion to lay on the table was the daily meeting of the Senate. agreed to. NOTIFYING THE HOUSE OF REP- The VICE PRESIDENT. Without ob- f RESENTATIVES OF THE ELEC- jection, the resolution is considered TION OF A PRESIDENT PRO TEM- and agreed to. NOTIFYING THE HOUSE OF REP- PORE OF THE U.S. SENATE The resolution (S. Res. 7) was agreed RESENTATIVES OF THE ELEC- TION OF A SECRETARY OF THE Mr. REID. Mr. President, I send a to, as follows: SENATE resolution to the desk. S. RES. 7 The VICE PRESIDENT. The clerk Resolved, That the daily meeting of the Mr. REID. Mr. President, I send a will report the resolution by title. Senate be 12 o’clock meridian unless other- resolution to the desk. The legislative clerk read as follows: wise ordered. The PRESIDING OFFICER (Mr. LAU- A resolution (S. Res. 5) notifying the House Mr. REID. Mr. President, I move to TENBERG). The clerk will report the res- of Representatives of the election of a Presi- reconsider the vote. olution by title. dent pro tempore. Mr. MCCONNELL. I move to lay that The legislative clerk read as follows: The VICE PRESIDENT. Without ob- motion on the table. A resolution (S. Res. 10) notifying the The motion to lay on the table was House of Representatives of the election of a jection, the resolution is considered Secretary of the Senate. and agreed to. agreed to. The PRESIDING OFFICER. Without The resolution (S. Res. 5) was agreed f objection, the resolution is considered to, as follows: ELECTING NANCY ERICKSON AS and agreed to. S. RES. 5 THE SECRETARY OF THE SENATE The resolution (S. Res. 10) was agreed Resolved, That the House of Representa- to, as follows: tives be notified of the election of the Honor- Mr. REID. Mr. President, I send a S. RES. 10 able ROBERT C. BYRD as President of the Sen- resolution to the desk. ate pro tempore. The VICE PRESIDENT. The clerk Resolved, That the House of Representa- tives be notified of the election of the Honor- Mr. REID. Mr. President, I move to will report the resolution by title. The legislative clerk read as follows: able Nancy Erickson as Secretary of the Sen- reconsider the vote. ate. Mr. MCCONNELL. I move to lay that A resolution (S. Res. 8) electing Nancy Erickson as Secretary of the Senate. Mr. REID. Mr. President, I move to motion on the table. reconsider the vote. The VICE PRESIDENT. Without ob- The motion to lay on the table was Mr. MCCONNELL. I move to lay that agreed to. jection, the resolution is considered motion on the table. and agreed to. f The motion to lay on the table was The resolution (S. Res. 8) was agreed agreed to. EXPRESSING THE THANKS OF THE to, as follows: f SENATE TO SENATOR TED STE- S. RES. 8 VENS AND DESIGNATION AS Resolved, That Nancy Erickson of South ELECTING TERRANCE W. GAINER PRESIDENT PRO TEMPORE Dakota be, and she is hereby, elected Sec- AS SERGEANT AT ARMS AND EMERITUS retary of the Senate. DOORKEEPER Mr. MCCONNELL. Mr. President, I Mr. REID. Mr. President, I move to Mr. REID. Mr. President, I send a send a resolution to the desk. reconsider the vote. resolution to the desk.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S7 The PRESIDING OFFICER. The S. RES. 13 Mr. REID. Mr. President, has the clerk will report the resolution by Resolved, That the House of Representa- Chair appointed Mr. Frankel? title. tives be notified of the election of the Honor- The PRESIDING OFFICER. Yes, the The legislative clerk read as follows: able Terrance W. Gainer as Sergeant at Arms Chair has appointed Mr. Frankel. and Doorkeeper of the Senate. A resolution (S. Res. 11) electing Terrance f W. Gainer as Sergeant at Arms and Door- Mr. REID. Mr. President, I move to keeper of the Senate. reconsider the vote. MAKING EFFECTIVE THE APPOINT- The PRESIDING OFFICER. Without Mr. MCCONNELL. I move to lay that MENT OF SENATE LEGAL COUN- objection, the resolution is considered motion on the table. SEL and agreed to. The motion to lay on the table was Mr. REID. Mr. President, I send a The resolution (S. Res. 11) was agreed agreed to. resolution to the desk. to, as follows: f The PRESIDING OFFICER. The S. RES. 11 ELECTING MARTIN P. PAONE AS clerk will report the resolution by Resolved, That Terrance W. Gainer of Illi- SECRETARY FOR THE MAJORITY title. The legislative clerk read as follows: nois be, and he is hereby, elected Sergeant at Mr. REID. Mr. President, I send a Arms and Doorkeeper of the Senate. resolution to the desk. A resolution (S. Res. 16) to make effective Mr. REID. Mr. President, I move to The PRESIDING OFFICER. The appointment of the Senate Legal Counsel. reconsider the vote. clerk will report the resolution by The PRESIDING OFFICER. Without Mr. MCCONNELL. I move to lay that title. objection, the resolution is considered motion on the table. The legislative clerk read as follows: and agreed to. The motion to lay on the table was A resolution (S. Res. 14) electing Martin P. The resolution (S. Res. 16) was agreed agreed to. Paone of Virginia as Secretary for the Ma- to, as follows: f jority of the Senate. S. RES. 16 NOTIFYING THE PRESIDENT OF The PRESIDING OFFICER. Without Resolved, That the appointment of Morgan J. Frankel to be Senate Legal Counsel made THE UNITED STATES OF THE objection, the resolution is considered and agreed to. by the President pro tempore this day is ef- ELECTION OF A SERGEANT AT fective as of January 3, 2007, and the term of ARMS AND DOORKEEPER OF THE The resolution (S. Res. 14) was agreed to, as follows: service of the appointee shall expire at the SENATE end of the One Hundred Eleventh Congress. S. RES. 14 Mr. REID. Mr. President, I send a Mr. REID. I move to reconsider the Resolvled, That Martin P. Paone of Virginia vote. resolution to the desk. be, and he is hereby, elected Secretary for The PRESIDING OFFICER. The the Majority of the Senate. Mr. MCCONNELL. I move to lay that motion on the table. clerk will report the resolution by Mr. REID. Mr. President, I move to The motion to lay on the table was title. reconsider the vote. The legislative clerk read as follows: agreed to. Mr. MCCONNELL. I move to lay that A resolution (S. Res. 12) notifying the motion on the table. f President of the United States of the elec- The motion to lay on the table was tion of a Sergeant at Arms and Doorkeeper APPOINTMENT agreed to. of the Senate. Mr. PRESIDING OFFICER. The f The PRESIDING OFFICER. Without Chair, on behalf of the President pro objection, the resolution is considered ELECTING DAVID J. SCHIAPPA AS tempore, pursuant to Public Law 95– and agreed to. SECRETARY FOR THE MINORITY 521, appoints Patricia Mack Bryan, of The resolution (S. Res. 12) was agreed OF THE SENATE Virginia, as Deputy Senate Legal to, as follows: Mr. MCCONNELL. Mr. President, I Counsel for a term of service to expire S. RES. 12 send a resolution to the desk. at the end of the 111th Congress. Resolved, That the President of the United The PRESIDING OFFICER. The f States be notified of the election of the Hon- clerk will report the resolution by orable Terrance W. Gainer as Sergeant at title. MAKING EFFECTIVE THE APPOINT- Arms and Doorkeeper of the Senate. The legislative clerk read as follows: MENT OF DEPUTY SENATE Mr. REID. Mr. President, I move to A resolution (S. Res. 15) electing David J. LEGAL COUNSEL reconsider the vote. Schiappa of Maryland as Secretary for the Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. I move to lay that Minority of the Senate. send a resolution to the desk and ask motion on the table. The PRESIDING OFFICER. Without that it be considered. The motion to lay on the table was objection, the resolution is considered The PRESIDING OFFICER. The agreed to. and agreed to. clerk will report the resolution by f The resolution (S. Res. 15) was agreed title. to, as follows: The legislative clerk read as follows: NOTIFYING THE HOUSE OF REP- S. RES. 15 RESENTATIVES OF THE ELEC- A resolution (S. Res. 17) to make effective appointment of the Deputy Senate Legal TION OF A SERGEANT AT ARMS Resolved, That David J. Schiappa of Mary- land be, and he is hereby, elected Secretary Counsel. AND DOORKEEPER OF THE SEN- for the Minority of the Senate. The PRESIDING OFFICER. Without ATE Mr. MCCONNELL. Mr. President, I objection, the resolution is considered Mr. REID. Mr. President, I send a move to reconsider the vote. and agreed to. resolution to the desk. Mr. REID. I move to lay that motion The resolution (S. Res. 17) was agreed The PRESIDING OFFICER. The on the table. to, as follows: clerk will report the resolution by The motion to lay on the table was S. RES. 17 title. agreed to. Resolved, That the appointment of Patricia The legislative clerk read as follows: f Mack Bryan, of Virginia, to be Deputy Sen- A resolution (S. Res. 13) notifying the APPOINTMENT ate Legal Counsel made by the President pro House of Representatives of the election of a tempore this day is effective as of January 3, Sergeant at Arms and Doorkeeper of the The PRESIDING OFFICER. The 2007, and the term of service of the appointee Senate. Chair, on behalf of the President pro shall expire at the end of the One Hundred The PRESIDING OFFICER. Without tempore, pursuant to Public Law 95– Eleventh Congress. objection, the resolution is considered 521, appoints Morgan J. Frankel, of the Mr. MCCONNELL. I move to recon- and agreed to. District of Columbia, as Senate legal sider the vote. The resolution (S. Res. 13) was agreed counsel, for a term of service to expire Mr. REID. I move to lay that motion to, as follows: at the end of the 111th Congress. on the table.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S8 CONGRESSIONAL RECORD — SENATE January 4, 2007 The motion to lay on the table was House amendments to Senate amendments gress, ready to write a new chapter in agreed to. to House bills or resolutions. our country’s great future. It is a time Mr. President, I ask unanimous consent f of hope and promise for our Nation. that for the duration of the 110th Congress, The elections are over, and the next UNANIMOUS-CONSENT AGREEMENT when the Senate is in recess or adjournment, the Secretary of the Senate is authorized to Senate campaigns have yet to begin. Mr. REID. Mr. President, I send to receive messages from the President of the Today we are not candidates; we are the desk en bloc 12 unanimous consent United States, and—with the exception of U.S. Senators. We 100 are from dif- requests. I ask unanimous consent that House bills, joint resolution, and concurrent ferent States, we 100 represent dif- the requests be considered en bloc, that resolutions—messages from the House of ferent people, we 100 represent different the requests be agreed to en bloc, and Representatives; and that they be appro- political parties, but we share the same that they appear separately in the priately referred; and that the President of mission: keeping our country safe and the Senate, the President pro tempore, and providing a Government that allows RECORD. the Acting President pro tempore be author- Before the Chair rules, I wish to ized to sign duly enrolled bills and joint reso- people to enjoy the fruits and pros- point out that these requests are rou- lutions. perity and, of course, our economic tine and are done at the beginning of Mr. President, I ask unanimous consent freedom. every new Congress. They entail issues that for the duration of the 110th Congress, Last November, the voters sent us a such as authority for the Ethics Com- Senators be allowed to leave at the desk message. They sent this message to mittee to meet, authorizing the Sec- with the journal clerk the names of two staff Democrats and they sent this message retary to receive reports at the desk, members who will be granted the privilege of to Republicans: The voters are upset the floor during the consideration of the spe- establishing leader time each day and with Congress and the partisan grid- cific matter noted, and that the Sergeant-at- lock. The voters want a Government floor privileges for House parliamen- Arms be instructed to rotate such staff mem- tarians. bers as space allows. that focuses on their needs. The voters The PRESIDING OFFICER. Without Mr. President, I ask unanimous consent want change. Together, Democrats and objection, it is so ordered. that for the duration of the 110th Congress, Republicans must deliver that change. The requests read as follows: it be in order to refer treaties and nomina- No longer can we waste time here in Mr. President, I ask unanimous consent tions on the day when they are received from the Capitol while families in America that for the duration of the 110th Congress, the President, even when the Senate has no struggle to get ahead. No longer can we the Ethics Committee be authorized to meet executive session that day. here in the Capitol afford to pass the during the session of the Senate. Mr. President, I ask unanimous consent problems of today to Congresses of to- Mr. President, I ask unanimous consent that for the duration of the 110th Congress, Senators may be allowed to bring to the desk morrow. Those problems, for example, that for the duration of the 110th Congress, are from keeping families safe to rais- there be a limitation of 15 minutes each upon bills, joint resolutions, concurrent resolu- any rollcall vote, with the warning signal to tions, and simple resolutions, for referral to ing the minimum wage to instituting be sounded at the midway point, beginning appropriate committees. new ethical reforms. We can and we at the last 71⁄2 minutes, and when rollcall f must get to work. votes are of 10-minute duration, the warning As the new Congress begins, the chal- MORNING BUSINESS signal be sounded at the beginning of the lenges facing America are complex. last 71⁄2 minutes. Mr. REID. Mr. President, I ask unan- They range from a contracted war in Mr. President, I ask unanimous consent imous consent that there now be a pe- Iraq to a health care crisis right here that during the 110th Congress, it be in order riod set aside to conduct morning busi- at home, from a middle class that is for the Secretary of the Senate to receive re- ness. squeezed to an energy policy that is ports at the desk when presented by a Sen- The PRESIDING OFFICER. Without ator at any time during the day of the ses- warming our globe, from a higher edu- sion of the Senate. objection, it is so ordered. cation system that has exploded in Mr. President, I ask unanimous consent Mr. REID. And that Senators be per- costs to jobs where benefits have all that the majority and minority leaders may mitted to speak for whatever time they but disappeared. We Senators can make daily have up to 10 minutes each on each cal- wish—that is, at least Senator REID a difference in each of these areas if we endar day following the prayer and disposi- and Senator MCCONNELL—and there- remember we are here to fight for our tion of the reading of, or the approval of, the after the speeches be limited to 10 min- country, not with each other. journal. utes each. The majority, my party, holds a very Mr. President, I ask unanimous consent The PRESIDING OFFICER. Without that the Parliamentarian of the House of slim margin—51 to 49. Some may look Representatives and his five assistants be objection, it is so ordered. at this as a composition for gridlock, a given the privileges of the floor during the f recipe for gridlock, but I see this as a unique opportunity. I guarantee every- 110th Congress. A NEW CONGRESS Mr. President, I ask unanimous consent one in this Chamber that the American that, notwithstanding the provisions of rule Mr. REID. Mr. President, I appreciate people are hoping it is a unique oppor- XXVIII, conference reports and statements everyone’s courtesy. This is the first tunity—an opportunity for Democrats, accompanying them not be printed as Senate experience of mine to go through these an opportunity for Republicans—to de- reports when such conference reports and procedures. It wasn’t as smooth as bate our differences and seek common statements have been printed as a House re- clockwork, but with staff help it was port unless specific request is made in the ground. We must turn the page on par- Senate in each instance to have such a re- smooth enough. So I very much appre- tisanship and usher in a new era of bi- port printed. ciate everyone’s cooperation as we look partisan progress. How can we achieve Mr. President, I ask unanimous consent forward to this new Congress. progress? By doing things differently that the Committee on Appropriations be au- The future lies with those wise political than they have been done in recent thorized during the 110th Congress to file re- leaders who realize that the great public is years. ports during adjournments or recesses of the interested more in Government than in poli- One, we must—I repeat again and Senate on appropriations bills, including tics. again—work together. joint resolutions, together with any accom- Franklin Roosevelt, 1940. panying notices of motions to suspend rule Second, we are going to have to work XVI, pursuant to rule V, for the purpose of I have chosen this line to open this here in Washington, in the Senate, offering certain amendments to such bills or new session of the Senate because the longer hours. Factory workers, shop- joint resolutions, which proposed amend- wisdom it imparts is as relevant today keepers in America’s malls, school- ments shall be printed. as it was 67 years ago. teachers, police officers, miners, weld- Mr. President, I ask unanimous consent The future lies with those wise political ers, and business men and women work that, for the duration of the 110th Congress, leaders who realize that the great public is at least 5 days a week. Shouldn’t we the Secretary of the Senate be authorized to interested more in Government than in poli- here in Washington, where we do our make technical and clerical corrections in tics. the engrossments of all Senate-passed bills business, in this laboratory we call the and resolutions, Senate amendments to The American people are expecting Senate, do the same? House bills and resolutions, Senate amend- positive results from this 110th Con- Three, we will achieve progress by ments to House amendments to Senate bills gress, not more partisan rancor. We working on an agenda that reflects not and resolutions, and Senate amendments to stand today at the cusp of a new Con- the needs of Democrats, not the needs
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S9 of Republicans, but the needs of the participated in the last Congress, the Finally, the Senate will achieve people of this great country. so-called do-nothing Congress. We are progress for our Nation by ensuring the Today Democrats may be in charge not proud of that fact. We spent less Senate calendar reflects America’s of the Senate and the House of Rep- time working than any Congress in needs. In the weeks ahead, I look for- resentatives, but we in the Senate are modern history. Some days the ses- ward to receiving input from the mi- committed to bipartisanship. We found sions lasted a matter of minutes. In nority. This afternoon, as is the tradi- that a one-party town simply doesn’t this Congress, legislative days will be tion in the Senate, I will present an work. We know from experience that real workdays. overview of the Democrats’ legislative majorities come and they go. Majori- The extra days will help our commit- agenda, bills S. 1 through S. 10. Fol- ties are very fragile, and majorities tees. The foundation of this institu- lowing the tradition of the Senate, my must work with minorities to make tion, the Senate, is the committee sys- friend, the distinguished minority lead- that lasting change. tem. It has worked from the beginning er, Senator MCCONNELL, will offer bills In this body, the U.S. Senate, noth- of our great Republic, but it hasn’t S. 11 through S. 20 whenever he feels it ing can be accomplished unless we worked so well lately. But it now is appropriate. reach across the aisle—not one way but going to have an opportunity to work In the first 10 bills we will introduce both ways. It is because when our better. Our committees will have the this afternoon, and in our ongoing Founding Fathers created the Senate time they need to put their expertise oversight of the war in Iraq, we intend 219 years ago, they carved out a special to use. to address these priorities, basically place for the minority. See, the Fram- The best legislation with the broad- three of them: one, providing real secu- ers of this Constitution knew that ma- est possible support always comes from rity; two, restoring transparency, ac- our committees. In the Senate, we have jorities can always take care of them- countability, and responsibility in the chairmen and ranking members with selves. Majorities didn’t need help as United States Government; and three, years of experience: TED KENNEDY and defined in the Constitution. But this helping working Americans get ahead MIKE ENZI on the HELP Committee; Constitution takes care of minorities by boosting wages and cutting costs in MAX BAUCUS and CHUCK GRASSLEY on because they can’t always take care of health care, education, and energy. the Finance Committee; JOE BIDEN and We begin with S. 1, our plan to themselves. The Founding Fathers cre- DICK LUGAR on the Foreign Relations change the way Washington works. It ated an institution that protects this Committee; CARL LEVIN and JOHN was late 2005 when scandals involving minority, and we will respect our Con- MCCAIN on the Armed Services Com- lobbyists and lawmakers shocked the stitution and those protections. mittee; PATRICK LEAHY and ARLEN very core of this Nation. Despite the I have talked with Senator MITCH SPECTER on the Judiciary Committee. Senate’s best attempts on a bipartisan MCCONNELL, the senior Senator from And on and on. These names speak of basis, here we are 2 years later and still the great State of Kentucky. He is the their broad experience and their ability no reform of ethics, lobbying, and ear- minority leader. He is my friend. In the to get things done for our country, but marks. The American people deserve months and years that go forward, we it must come through the committee better. That is why as our first order of will become even closer because he has process. business we will seek to give Ameri- learned, and I have learned, through As all my Democrats know, when I cans the open and accountable govern- adversity we grow together. I am com- assumed the job as Democratic leader, ment they deserve. We will start Mon- mitted to working with him, and I I told every ranking member that day with a bipartisan bill cosponsored know he is committed to working with those committees had to function and I by REID and MCCONNELL. I think that me. We as Democrats are committed to was going to let them function, and I is a pretty good start. We will start working with Republicans and Repub- have done that for 2 years. Now there is with the ethics bill that passed the licans are committed to working with going to be more time for them to Senate last year. Now, had that bill us. produce legislation. They are no longer passed, which it didn’t, it would have Does this mean there are going to be ranking members, they are Chairs, but been the most significant reform since no bumps in the road? Of course there they cannot succeed unless they work Watergate in lobbying and ethics re- will be bumps in the road. We are in with their ranking members. form. It didn’t pass. Some people mini- the Senate. The Founding Fathers Our committees will have the time to mized our starting point. I maximize wanted bumps in the road. do a number of tasks, but the one item our starting point. This bill included This morning, at 9 o’clock in the Old they need to do is conduct strong over- important provisions in many areas, Senate Chamber, we held a rare joint sight. This is not a negative term. but it was not allowed to proceed be- caucus. It was an opportunity for us to Oversight is good. It is important to cause of what took place on the other look across the rows at each other and find out what Federal agencies are side of the Capitol. This year, we will understand that the Senate is a place doing, to listen to what the people who improve that legislation and make ad- where we have to work in a bipartisan work there have to say. Congressional ditional reforms. fashion. oversight is a responsibility that has This legislation will include reforms We in the majority, we Democrats, been abdicated in recent years. Over- to slow the revolving door between are committed to working with our sight is important for our country, not Government jobs and lucrative employ- President, President Bush. He has so we can point fingers or cast blame, ment with special interests. It will pledged to work with Democrats. He but answer difficult questions and find eliminate gifts paid for by lobbyists has pledged to me personally that he lasting solutions to the enormous chal- and interests that hire lobbyists. It would work to make progress. lenges we have. Everyone focuses on will limit privately funded travel such We are not going to talk about what Iraq—of course, that is a very difficult as that of the notorious golf junkets to went on for the past 6-plus years. What problem—but there are many other Scotland. It will increase disclosure re- I have discussed with the President, as problems that face this great country. quirements so the public will be better late as last night, is what we are going The war in Iraq will cast a long shadow informed about the activities of lobby- to do for the next 22 months together. over the Senate’s work this year. No ists. And it will increase penalties for There are 22 months left in this Presi- issue in our country is more important those who seek to break the rules. I lay dential term. The President, I know, than finding an end to that war. We and spread across this RECORD how wants to accomplish things. I want to will be listening very closely to Presi- grateful I am that the distinguished accomplish things. He has to work with dent Bush when he comes forward with minority leader has agreed to cospon- us and we have to work with him or his plan next week. The President’s sor this legislation. I think it sends the jointly we do nothing to help our coun- new plan must ensure that Iraq takes right message to America. try. responsibility for its own future and re- With these reforms, which I am con- As I have said, we are going to work move our troops from this civil war. fident will pass, we will help ensure longer hours, we are going to work full Completing the mission in Iraq is the America has a government that is good weeks, we are going to have votes on President’s job and we will do every- and honest as the people it serves. Mondays and Fridays. None of us are thing to assist the Commander in Chief Mr. President, I send S. 1 to the desk happy because all but 10 Senators here to ensure his responsibilities. and ask for its appropriate referral.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S10 CONGRESSIONAL RECORD — SENATE January 4, 2007 The bill is at the desk. I am told that recommend better ways to fight the ica’s security and begin to deal with the bill is at the desk and we choose war on terror. Two American patriots the threat—the threat—of global not to rule XIV it at this stage. chaired that independent bipartisan warming. I, with five of my Senate col- The PRESIDING OFFICER. The bill commission: Congressman Lee Ham- leagues, traveled last week to the poor- will be received and appropriately re- ilton of Indiana and former Governor est country in the Western Hemi- ferred. Tom Kean of New Jersey. They did a sphere, Bolivia. We were in Ecuador Mr. REID. Mr. President, S. 2 is our remarkably good job in a period of 1 and Peru. They told us, the most di- plan to increase the wages of working year. We realized we didn’t need Demo- verse Nation in the world, the most families by raising the minimum wage cratic solutions or Republican solu- ecologically diverse Nation in the to $7.25 an hour. It has been 10 years tions to keep people safe; we needed bi- world—Ecuador—that the glaciers are since the minimum wage was last in- partisan American solutions to keep us melting Ecuador, rapidly. For too long creased. In that time, the cost of gas, safe. The Commission did a wonderful our country’s energy policy has had to say the least, has increased. The job and made a number of rec- only one concern: oil company profits— cost of food has increased. The cost of ommendations. Some were imple- $34 billion for Exxon and the other health care has increased. Even the sal- mented, others weren’t. I was the man- companies, international cartels, not aries of Members of Congress have in- ager, along with my distinguished col- far behind. We have allowed Exxon’s creased. In fact, the salaries of Mem- league, the minority leader, of the bill bottom line to take priority over fami- bers of Congress in the last 10 years that was brought before the Senate. lies struggling at the gas pump and the have increased 9 times, by more than One year ago, the Commission deliv- harmful effects of global warming. So $30,000. But through all of this, the ered a report card grading the Govern- in an effort to begin to solve this en- minimum wage has stayed the same. It ment’s progress in implementing its so- ergy crisis, our sixth bill takes an ag- is long past time America’s workers re- lutions. Among the grades given by gressive approach to reducing Amer- ceived a raise as well. that commission were 12 Ds, 5 Fs, and ica’s dependence on oil, especially for- Today, a mother or father can work two incompletes. I say, try taking eign oil, and putting more advanced full time for the minimum wage but those grades home to your parents. technologies in the hands of con- still live $5,000 below the poverty level. These grades made clear we still have sumers. It will boost production of Adjusted for inflation, the minimum not done enough to make America safe. electricity from solar, geothermal, and wage is at its lowest level since 1955. S. We have work to do, and this legisla- other renewable resources that are 2 will directly raise the pay of nearly 7 tion will step toward in fulfilling the abundant in States such as Nevada, and it will grow our Nation’s renewable en- million Americans by more than $4,000 recommendations of the 9/11 Commis- ergy jobs and manufacturing base. and by setting a new salary floor that sion. Specifically, it will reinvigorate Freeing ourselves from oil is a tremen- will indirectly boost the wages of 8 mil- the fight against Osama bin Laden, al- dous challenge, but it is one we cannot lion more workers. That increase is Qaida, and the ideologies of violent ex- afford to ignore. Remember: Unstable enough to provide nearly 2 years of tremists. It will enhance the security regimes around the world use our petro childcare, full tuition for a community of our transportation system and our dollars to pay for international terror, college degree, over a year’s worth of ports. It will provide America’s first re- to fund it, and pursue their despotic heat and electricity or more than 9 sponders with the technology they goals. So energy independence is not months of rent. need to communicate with each other only energy independence, it is secu- During the minimum wage debate we during a crisis, and it will make it a rity. S. 6 is at the desk. will also likely consider giving small priority to secure loose nukes around S. 7 is the College Opportunity Act, businesses some tax relief. In fact, as the world. our plan to make college more afford- we speak, Senator MCCONNELL’s staff Finishing the job of implementing able for middle-class families. In Amer- and my staff are working, along with 9/11 Commission recommendations will ica today, a college education is more Senator ENZI, Senator GRASSLEY, Sen- not by itself win the war on terror or important than ever. Unfortunately, it ator KENNEDY, and Senator BAUCUS, to guarantee 100-percent complete secu- is also far more expensive than ever. see if we can have a minimum wage bill rity for the people of our country, but Today, too many families are being that he and I will cosponsor and bring we hope with our legislation to im- squeezed trying to put their children before the Senate. We are working on prove on the worst of those grades, through school. In the last 6 years, the that. those Ds and Fs and incompletes, so cost of college has increased by 52 per- S. 2 is at the desk, and it will be re- the American people can have every cent. Federal assistance has declined, ported at the appropriate time. confidence that Congress and the White especially in the form of Pell grants. S. 3 is our plan to reduce drug costs House are taking every step—every Our legislation will reverse this trend for seniors. The flaws in the Medicare step possible—to keep America safe. S. by raising the maximum Pell grant drug program are well documented, but 4 is at the desk. award. It will also assist families by many can be traced back to one simple S. 5 is the Stem Cell Research En- lowering interest rates for student fact: The law as written puts drug com- hancement Act of this year, 2007. It is loans and expanding tax breaks for col- panies ahead of America’s aging. No legislation we seek to pass so that lege costs. S. 7 is at the desk. matter whether we supported or op- American scientists will find cures— S. 8 is Rebuilding America’s Military posed that law—that is, the one that allow them to find cures for dread dis- Act. As we speak, there is not a single created Medicare drug benefits—we all eases that affect millions of our fellow nondeployed Army unit that is battle want to improve the program for older countrymen. Today, there are people ready. The wars in Afghanistan and in Americans and people with disabilities. all across America suffering from de- Iraq, the war on terror, have been ter- It is our obligation to do so. Now the bilitating diseases that stem cell re- ribly devastating to our military. Federal Government, with the millions search would cure. For these Ameri- These brave men and women have done of seniors it represents through Medi- cans, stem cell research is an area of the very best any fighting force could care, is unable to negotiate for lower science that offers hope, if only we in do. But because of Iraq and Afghani- drug prices. As a result, Medicare bene- Washington would allow this hope to stan, the U.S. militarily is strained to ficiaries are hostages to insurance flourish. Last year, Congress passed levels not seen since Vietnam. While companies, drug companies, and man- legislation promoting stem cell re- our troops remain the finest in the aged care entities like HMOs. S. 3 is at search, only to see it vetoed by our world, infrastructure is crumbling the desk. President. This year, we will consider around them. Nearly all of our combat S. 4 is our plan to make America the legislation again, and on behalf of divisions have been deployed and two- safer by fully implementing the rec- millions of Americans looking for thirds of our Army combat brigades are ommendations of the 9/11 Commission. cures, looking for relief, we urge our not ready for combat. GEN Peter Following September 11, 2001, the coun- President to reconsider his veto. S. 5 is Schoomaker, the Chief of Staff of the try turned to a respected, bipartisan at the desk. Army, testified last month, ‘‘At this group—the 9/11 Commission—to review S. 6 is our plan to promote energy pace . . . we will break the active com- the lessons of that terrible day and to independence so we can enhance Amer- ponent’’ of the U.S. Army.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S11 We, also, have National Guard, Re- areas. With pay-go in place, we will tive embodiment of individual and mi- serve and Active-Duty veterans coming begin to set America on the right nority rights, a place where the careful back in droves to America without suf- track. design, crafted by our Founding Fa- ficient help for their health care and I have been in Congress going on 25 thers, pretty much operates today the certainly not their education. years. In my 25 years, I witnessed many way they planned it 220 years ago. If we want real security, we must re- fine moments in our Senate’s history. We saw this 43 years ago with the build the U.S. military and ensure it But I believe in my State, in the Sen- Civil Rights Act of 1964, when the two remains the best fighting force in the ate, and in the House, the days fol- parties forged a difficult alliance to world. S. 8 is at the desk. lowing 9/11 are what America is all reach a great goal. Segregated buses S. 9 will secure America by under- about. It was a national tragedy, but it and lunch counters are difficult to taking comprehensive immigration re- brought out the best in us, the best in fathom now, but their end only came form. I had friends and colleagues, Members of Congress, the best in the about through the kind of cooperative staff, ask: Why are you bringing up American people. Democrats and Re- resolution that has marked this body this controversial subject on the first publicans from all over America put from the start. day of Congress? It has to be brought aside our differences and worked with At its best, the Senate is a workshop up. Immigration is a problem that af- the administration to protect our where difficult challenges, such as civil fects this Nation. Last year, we passed country. That day showed the Govern- rights, are faced squarely—and ad- a solid immigration bill in the Senate. ment working as the Founders in- dressed—with good will and careful, There are parts of that bill I didn’t tended. This year we must work on the principled agreement. At a time such like, but we passed a bill. Unfortu- same bipartisan basis, the same fash- as our own, when so many issues of nately, it fell victim to politics, again ion. consequence press upon us, it must be in the other body. Immigration reform It should not take a national tragedy nothing less. is too vital to our security and our for us to work together. We should be Yet the challenges ahead will not be economy to fall by the wayside, so we equally united by our ability to make a met if we do nothing to overcome the must deal with it again this year. Our positive difference in the lives of the partisanship that has come to charac- immigration system is broken. Does people who sent us here. Today is that terize this body over the past several anyone dispute this? Our borders re- beginning. This year let us work side years. A culture of partisanship over main unsecured. Does anyone dispute by side and succeed together. principle represents a grave threat to that? Our laws remain underenforced. The future lies with those wise political the Senate’s best tradition as a place of Does anyone dispute that? Does anyone leaders who realize the great public is inter- constructive cooperation. It under- dispute the fact that we have 11 million ested more in government than politics. mines the spirit and the purpose of this people with bad papers who are here il- —Franklin Delano Roosevelt, 1940. institution, and we must do something legally? Does anyone dispute that? No. to reverse its course. So our bill will take a comprehensive f The Senate can accomplish great approach to repairing this broken sys- RECOGNITION OF THE MINORITY things over the next 2 years, but this tem. With tough and smart reforms, it LEADER opportunity will surely slip from our will secure our borders, crack down on grasp if we do not commit ourselves to enforcement, and lay down a path to The PRESIDING OFFICER (Mr. a restoration of civility and common earned legalization for undocumented PRYOR). The Republican leader. purpose. So as we open this session, I immigrants already living here. There f stake my party to a pledge: When faced is no amnesty. If there were ever an ex- with an urgent issue, we will act; when THE 110TH CONGRESS ample of the need for bipartisanship, it faced with a problem, we will seek so- is on immigration because it is going Mr. MCCONNELL. Mr. President, we lutions, not mere political advantage. to be hard, but it is something that we have heard my good friend, the major- The Framers thought a lot about the have to do. S. 9 is at the desk. ity leader, describe the first 10 bills of kind of people who would sit behind Finally, S. 10 will reinstate pay-as- the majority in the new Congress. I these desks on the floor and they set you-go rules to the budget process. would say for the information of all of down some simple rules. Senators This does not sound very politically our colleagues, the procedure in the should be older than their House col- sexy, to talk about pay as you go. But Senate Republican conference is for leagues. They should serve longer as most know, the Senate used to oper- the conference itself to designate our terms, and proportional representation ate under a rule called pay as you go. first 10 bills. We will be doing that at a ensures that all States have an equal This simple proposition demanded that meeting to occur in the next few say, regardless of size. The Senate was when we increased spending or cut weeks. We have essentially reserved also conceived to be a place of civil de- taxes we had to pay for it. It is a com- the numbers S. 11 through S. 20 which bate and good will. monsense principle families all across will reflect our priorities for this Con- Mike Mansfield showed grace and hu- America practice when they balance gress. mility in his efforts to expand civil their checkbooks. Pay-go was in place Let me say at the outset, before giv- rights. Working with Republicans to in the Senate in the 1990s, when our ing my opening remarks, how much I offset resistance in his own party, he country experienced unprecedented value the friendship and relationship I guided passage of the great Civil levels of economic growth and vitality. have with the distinguished majority Rights Acts of the 1960s and even let a Remember, it can be done. In the last leader. I believe we had an excellent Republican take the credit. In fact, years of the Clinton administration, we session this morning in the old Senate today the name Everett Dirksen may paid down the national debt by almost Chamber, and we look forward to get- actually be better known, but histo- a half trillion dollars. Unfortunately, ting off to a good start. rians know better. the rule disappeared in recent years Today is the 110th time in our Na- Mansfield’s collegial spirit didn’t just and the results have been disastrous: $9 tion’s history that we begin a new ses- surface when it served his purposes. trillion in debt; the largest deficits, of sion of Congress. This is a day to renew Historians tell us his first appointment course, in our history; foreign debt our purpose, to set a sturdy course for each day was breakfast with Senator that has more than doubled, giving un- the important work ahead, and to ask George Aiken, a Republican from precedented control to countries such ourselves: What will future generations Vermont. The two men met when one as Saudi Arabia and China. We are even say of the 110th Congress? This is the of Aiken’s aides spotted Mansfield borrowing money from Mexico. These first day of that Congress. What will alone, pushing a tray down the cafe- countries should not have the unprece- they say of us on the last day? teria line in the Capitol. She asked the dented control of our economic des- The Senate has a unique role in our new Senator if he wanted to join her tiny. We are facing a fiscal nightmare Government. It always has. It is a and her boss for lunch, and he did. The that will not go away this Congress, place where the two great political par- two men remained close friends for 25 and it will handicap our ability in all ties must work together if a common years. A small act of kindness set the we need to do in so many different goal is to be reached. It is the legisla- tone.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S12 CONGRESSIONAL RECORD — SENATE January 4, 2007 Cooperation among parties is not so After that, I challenge this body to spotting and disrupting threats before distant a memory that some of us can’t be daring. The Senate has no claim on they strike. recall Democrats and Republicans greatness unless its power is put to The indisputable success of these ef- working together to pass President great ends. Divided government de- forts is the greatest argument we have Reagan’s tax cuts in the early 1980s. mands that we must work together. So to continue to support them—and to That common effort led to the greatest let us do so not only for ends that are make sure those who secure the home- economic expansion of our history—the easily within our grasp, but for those land are fully equipped to continue the American miracle, they called it. worthy things that have just eluded us outstanding work they have done. We saw the spirit of cooperation in the past. One of the principles that has guided again in the 1990s, when a Republican- Social Security is an issue on which our efforts in the war on terror is that led Senate worked with the Democrats, Americans demand action—yet many terrorism must be fought at a distance including President Clinton, to reform fear what action might mean. or it will be fought in our streets. welfare. And we have seen it in recent Our job is not to play into those fears This policy has worked—and we must years, though less frequently, on issues but to erase them. To show voters that ensure that it continues to work by such as tort reform and the Medicare the greatest cause for fear is the sys- giving the men and women who carry prescription drug benefit. tem in its current, unsustainable form. out that mission every day all the We used to say that Senators were Everyone in this Chamber knows the tools they need. friends after 5 o’clock. We need more of facts. So let’s be honest brokers—and One of those tools is the terrorist that if we are going to restore this strengthen Social Security before this surveillance program. If terrorists are body to its high purpose. The Senate is Congress ends. calling the United States, we should not a club nor a clique. It is a group of Today, the 110th Congress begins. But know what they’re talking about. This men and women charged with the sol- before it ends, the first great wave of program has saved lives. And we would emn duty to support and defend the babyboomers will retire. Over the next endanger others by ending it. Al-Qaida is not a threat to Repub- Constitution against its enemies. two decades, more than 77 million peo- licans; it’s not a threat to Democrats— George Mitchell once called the Senate ple will leave the workforce even as it is a threat to America. And the Sen- a single body made up of 100 inde- fewer new workers join it. And by the pendent contractors. Yet he earned the ate must work together as we prepare time they all leave, there will be only for the long struggle ahead. respect of his colleagues by his willing- two American workers supporting each ness to listen, to work together, to We must use all the tools we have: di- retiree. plomacy, intelligence, economic and take risks. He knew when to put self- This is clearly unsustainable. Unless interest aside. He knew the role of the military might. The men and women of we reform the system, we have a the Armed Forces have sacrificed much Senate. choice: Either our children work longer The risks we face today are grave, in battle. Their families have made and harder or our parents live with great quiet sacrifices at home. We will and facing them will require greater less. unity and civility than we have been honor both by pledging that the Amer- The Senate cannot sit idly by as this ican Armed Forces will remain the best used to around here lately. But draw- demographic reality takes shape. Rath- ing on the examples of the past and equipped, best trained, and best pre- er, we must do the hard work we were pared in the world. conscious of this body’s historic role, elected to do. We must make our we can again rise out of our party And very soon, we will return to the money work harder for our parents and issue of Iraq. It is my hope, and my trenches and work together for the our children, and so we need to reform good of all. challenge to this body, that the debate Social Security now. This morning the Democrats and Re- will be based on what’s best for the fu- The Framers knew we would have to publicans got together in the old Sen- ture of our Nation and for Iraq—not make tough decisions. That’s why they ate Chamber, an ornate, rather small what’s best for the Republican party or didn’t want Senators to be elected by room compared to this one, that al- the Democratic party. popular vote. The system they devised ways reminds me of the promise of this The Senate must be bold in preparing had its own problems, so we changed it. Nation in its early days. I would like to Americans for the struggle ahead. Our But the principle was sound: the see, in this small act of bipartisanship, Nation’s security depends on secure right decision is not always the easiest a sign of restoration to come. borders and a strong fighting force. It The work of restoration should start one. We have an obligation to address also depends on energy independence. with the things that are easiest to do the important issues of the day, in a So we must continue to work hard to because a victory in small things now spirit of cooperation and courage, and decrease our reliance on foreign will lead to big victories later. The with a goal of accomplishment for all sources of energy. Senate has not approved a minimum Americans. We laid a solid foundation during the wage increase in more than a decade, Immigration is one the most pressing last Congress, with passage of the En- but we are willing to work together to- issues of our day. We should be daring ergy Policy Act of 2005 and, just last ward that end. We believe that an in- about immigration reform—and act on month, with the enactment of the Gulf crease needs to help both the workers it soon. The voters demand it. We have of Mexico Energy Security Act. Both who earn it and the small businesses a duty to deliver. measures were passed with bipartisan that pay it. Americans are generous, eager to support, and both will decrease our It just makes sense to pair the in- welcome strangers and happy when dangerous dependence on foreign oil creased wage with tax and regulatory they prosper. Yet we know that the and gas. relief, so the small businesses that cre- blessings of liberty depend on respect There is more that we can do both to ate most of the new jobs in this coun- for the law and a common national cul- increase domestic supply and decrease try can remain competitive and em- ture. We can ensure both even as we our demand for foreign energy. The ploy even more people. We can get this welcome those who come here looking United States has an abundance of coal done. for a better life. and remains a leader in nuclear tech- The voters told us in November that Laws that are generous need not be nology. We should focus attention on they expect more from us. One con- lax. And a country that is not secure at using these natural resources safely, crete thing we can do to restore their its borders is not secure in its laws. cleanly, and efficiently. trust is common sense lobbying reform. Border security and other law enforce- We cannot go back on the gains we The first bill I will sponsor as the Re- ment professionals must have the tools made in the last Congress. And I will publican leader, in cooperation with they need to keep our borders—and our work with my colleagues to continue the majority leader, is aimed at pre- laws—strong. this vital work. cisely that. The voters want honest America has not seen a domestic ter- If the restoration of our purpose does government. We can get this done too. rorist attack since we committed our- not lead those of us in the Senate to be Two issues. Two issues we can move selves to the global war on terror. That daring, then our prosperity should. on carefully but quickly. Let’s get is not an accident, some quirk of fate. Republicans presided over 4 years of them done. Rather, it is due to the hard work of economic growth; the biggest housing
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We I believe God has blessed this country with this responsibility. have created more than 7 million jobs richly, and that the proper response to I come to this moment with a sense since August 2003. These gains are no the gift of freedom is to defend it. of amazement. Some 40 years ago, as a accident. They are the result of the And I believe that the first duty of college student in this town, I first set stimulative tax relief we passed. These Government is the defense and protec- foot in the old Senate office building as policies clearly worked, and they tion of its citizens. an intern, never dreaming that 40 years should be kept in place. So I am eager to work with my col- later I would be standing on the floor Republicans used the strong eco- leagues to find bold solutions to big of the Senate in this capacity. It is in- nomic climate to cut the deficit. We problems. Yet on some things I will not deed a great honor. cut it in half even more quickly than yield. I do not know how many men and anyone thought we would. And working I will never agree to proposals that women have lived in the United States together, across the aisle, we must con- weaken the security of our citizens at of America in our history—hundreds of tinue that trend and balance the budg- home or the capabilities of our Armed millions, for sure. Today there are et within 5 years. Forces abroad. some 300 million who count America as Another focus of this Congress is the I will never agree to a tax increase on their home. In the entire history of the overwhelmingly popular and effective working families or small businesses. United States of America, from its cre- prescription drug relief for seniors. Our economy is strong because of the ation, as of today, as of this moment in President Bush and the Republican hard work and enterprise of Americans. our history, 1,895 men and women have Congress gave seniors the Medicare We will not undermine that spirit by had this high honor of serving in the prescription drug care benefit they had taxing it. Senate. Today, we were joined by 10 waited on for decades. We cannot I will never agree to retreat from our more. ‘‘scrap’’ this program, as some would responsibility to confirm qualified ju- Their life stories, like the stories of like. And we will oppose any effort to dicial nominees. many of us, are the stories of America: do so. Bipartisanship, cooperation and ac- stories of immigrant families, stories A spirit of cooperation will lead to a complishment; yes. Civility; yes. But of struggle, stories of dreams that fi- heightened respect for fairness—and we will remain true to our principles. nally resulted in an election to this ensure that the same number of judi- Henry Clay was a great Kentuckian. great body in the Senate. cial nominees that were confirmed in He spent the last 2 years of his life I imagine if you called on some of the the final years of the last three admin- using the tools of the Senate to save experts in U.S. history—even those istrations are confirmed in the last 2 his country. His devotion to the cause who served for quite a few years in the years of this one. of national unity was so great that one Senate—and asked them how many of Americans want judges to uphold the rival called it ‘‘a crowning grace’’ to the 1,895 Senators who have served here original intent of the Constitution, not Clay’s public life. they could remember, they would be rewrite it. Judicial activism has di- Clay shows us that divided govern- hard pressed to come up with a long vided the courts, the Congress, and the ment need not be divisive. Indeed, it list. As it happens in most walks of Nation for too long. If our work of res- often leads to historic agreements that life, a few people stand out in history. toration and a new civility is to take unity governments have little incen- But most are part of a parade, a parade hold, we must recommit ourselves to tive to achieve. that passes by many times anony- the ideal of judicial restraint. And so, working together, forgetting mously. Like the three Presidents before him, past grievances, forging new alliances, In the desk drawers of each of our President Bush will spend his last 2 we can solve the difficult issues of the desks here there is a quaint little Sen- years in office with the opposition day. This is the purpose of the Senate ate custom. I was talking to Senator party in control of the Senate. Like and the privilege of its Members. John Glenn of Ohio about it today. them, he has a right to expect that his If our steps are guided by this simple Senators who have served here, despite nominees will receive an up-or-down principle, then this 110th Congress will what they were told by their teachers vote. have met its responsibility on behalf of in grade school, are encouraged to The voters recently sent us a mes- all Americans, and strengthened this scratch their names in the bottom of sage. They told us to solve the prob- institution for the unseen challenges the desk drawer. I happen to be sitting lems that face this Nation. They expect that will always lie ahead. at the desk of former Senator John us to win the wars we wage. And they I yield the floor. Glenn of Ohio, and my former mentor expect us to be men and women of prin- The PRESIDING OFFICER. The ma- and inspiration, Senator Paul Douglas ciple. jority leader is recognized. of Illinois. I would imagine if you look The people of Kentucky gave me the f in these desk drawers, there will be great honor of my life when they first many names you do not recognize. The elected me to the Senate. And I have MORNING BUSINESS point I am trying to get to is this: gone about my work here with them Mr. REID. I ask unanimous consent Members of the Senate, men and foremost in my mind. that the next 2 hours of morning busi- women, come and go, but, thank God, I have fought hard to advance and ness be controlled as follows: the first this Nation endures. And it endures be- protect the values that matter most to 60 minutes under the control of the ma- cause of the sacrifice each makes for the people of my State. jority, the second 60 minutes under the the common good of this Nation. It is because of another election that control of the minority, with Senators We have weathered so many storms— I stand here today. I am honored that therein limited to 10 minutes each. 9/11 the most recent but, of course, the my colleagues chose me to lead them The PRESIDING OFFICER. Without Civil War, which almost tore us apart— at this important moment in our his- objection, it is so ordered. and time and again throughout our his- tory. I take my duty seriously. The assistant majority leader. tory men and women in this body, in I am filled today with a sense of pur- f the Senate, have decided the good of pose—for party, yes, but for this insti- this Nation was more important than tution and for our Nation first, for A NEW DIRECTION FOR AMERICA their individual personal ambition. their renewal. Mr. DURBIN. Mr. President, it is my We have another similar moment in Elections are about ideas, and here honor to follow the speeches that have history. It is interesting how critical are some I hold most dear. been given by my new majority leader, Americans are of their politicians; and
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It is time for the Iraqis years a lot of people have questioned draw with nothing to show for it. to stand up and defend their own coun- us, whether those of us who have de- The first issue that concerns the peo- try. It is time for them to accept the voted a good part of our lives to public ple of Illinois to whom I speak is this responsibility of governance and de- service truly have the public interest war in Iraq. In the first week of Octo- fense. We have given them so much, in mind. ber, I went to Iraq with Senator JACK over 3,000 American lives and all of our The skepticism grew last year with REED of Rhode Island. We visited Af- treasure, so they can rebuild their the culture of corruption, the an- ghanistan and had three different stops country and have a chance. We deposed nouncements of indictments, prosecu- in Iraq, and we spent many hours meet- their dictator, put him to trial, saw his tions, resignations, not just among ing with our soldiers, sailors, marines, execution, gave them a chance for con- public officials but those who work in and airmen. I spent extra time with stitutions and governments, gave them the Halls of the Capitol. And the skep- those from Illinois just to say hello to all these opportunities, and now it is ticism and cynicism about public life them and thank them. I came back not their turn. We cannot impose democ- grew as people heard more and more of just with some frustration over a war racy on them. That appetite for democ- these stories. That is why it is so im- which I think was a colossal, strategic racy has to spring from their souls, and portant we reflect on what Senator mistake, but anger—anger that we con- they have to want it badly enough to REID said earlier about our agenda. tinue to ask these brave young men work out the political compromises to The first item on our agenda—and and women to sacrifice their lives disband the militia, to show the kind of there could be many—is to address this every single day. leadership which will give them a na- issue of ethics and honesty in Govern- I can recall when one of the generals tion in fact rather than just in words. ment. I have been a fortunate soul in took us aside and showed us one of That will be one of the big issues we public life. Two people who brought me these roadside bombs that kills and debate here. here—Paul Douglas and Paul Simon, maims our troops, almost on a daily Some have criticized us this week for both Senators—were literally paragons basis. It looked like nothing more than not talking about Iraq enough. I can of public virtue. a fruit cocktail can, with both ends understand it. When I hear the mothers Paul Douglas, as Senator from Illi- lopped off and a metal charge inside. of fallen soldiers say that should be our nois, used to have a tradition that ex- They disguise it and camouflage it and first priority, I think they understand, cept for food and drink he would not put it on the side of the road. While as we do, there is nothing more impor- accept a gift worth more than $2.50. unsuspecting American soldiers course tant that ever happened in their lives. Now, it sounds like an interesting down that road, they unleash the blast This assurance I can give: Next week, standard. It turned out to be a com- that kills or maims them. That is life when this Senate convenes, both the plete headache to figure out what to do for our soldiers in Iraq. They do not Armed Services Committee and the with a gift that was worth $3, or what confront an enemy so much as con- Foreign Relations Committee will to do with the belt that a man hand fronting these improvised explosive de- begin hearings on Iraq. The debate will tooled with Senator Douglas’s name on vices. really begin in earnest, as it should, as it and sent to him as a gift. But he was Over the last few weeks, we have the American people expect. And we steadfast in his belief that public serv- passed some tragic milestones. More will have a responsibility to come up ice meant public sacrifice, not public Americans have died in Iraq than died with the best answer for our Nation, enrichment. on 9/11. As of the first of this year, the for our troops. Paul Simon, my other mentor in life, 3,000th American life was lost among There are so many other issues we felt the same, followed in the Douglas our fighting men and women in Iraq. face. One near and dear to my heart is tradition, and started me on a long Over 22,000 have returned from Iraq the cost of college education. This road of disclosing in complete detail with serious physical and mental inju- young boy from East Saint Louis, IL, every year my income taxes and total ries. could never have attended Georgetown net worth. There were painful moments The legacy of this war will continue. University or law school were it not for early in my married life when Loretta Next week, the President is to propose Government loans. I borrowed the and I had very little to claim as earth- the next phase of the war, what he money, paid it back, and believe it ly possessions and filed a net worth wants to do next. I have to tell you, as changed my life forever. So many stu- which was pretty embarrassing. Things one of 23 Members of this Senate who dents across America today wonder if are a little better now, and I have con- voted against this war, I continue to they will ever be able to borrow enough tinued the tradition. believe we made a serious mistake un- to go to school. Some of them drop out But when Senator REID talks about derestimating the gravity of the chal- because of debt. Some of them change changing the Senate rules, to start lenge once we had deposed Saddam their life plans because of paying off with, as the first item of business, I Hussein. It is clear now this adminis- student debt. think what he is trying to do on behalf tration was not prepared to wage this Well, last year, we decided to make it of Democrats and Republicans in this war, certainly not prepared to move us more difficult. The President signed a bipartisan bill is to address this funda- to peace. What they have done is to bill raising the interest rates on stu- mental issue of restoring the con- move our troops into harm’s way, dent loans, making it more difficult for fidence of the public in the Senate. Be- risked their lives, and leave us in a sit- the kids of working families to go to fore we roll up our sleeves and take on uation, 4 years into this war—a war school. One of our first priorities is to the issues that count for every family longer than World War II—where there reduce the cost of college education ex- across America, let’s take on the issue is still no end in sight. penses so young people with great of restoring the integrity of the Sen- In October, our leaders in Iraq told dreams and limited means have a ate. That is why this is a bill that is Senator JACK REED and myself it is a chance to succeed. That is one of our high on our list and the first we will matter of months. If we cannot get this priorities as Democrats, and one I to- consider. under control in a matter of months, tally support. The American people voted for we have to be honest about it. I think I also think we have to restore some change in this last election in many honesty is important. There is a lot of basic economic justice in America. ways. They certainly want us to move talk about surge. Let’s move beyond How can you possibly explain that over forward. Some of our advisers tell us the word ‘‘surge’’ into the reality. We 10 years we have not raised the Federal that the term ‘‘bipartisanship’’ has too are talking about the lives of American minimum wage? These people get up many syllables and is unintelligible to soldiers, whether we will send 20,000 or and go to work every day, many of the average person. I am not sure. But 30,000 more American soldiers into that them raising children, struggling to
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They come to league Senator MURRAY for being here, sage to Washington was to stop fight- the soup kitchens, they come to the and who again, in her usual wise and ing with each other and finally get pantries because that is the one way to thoughtful way, will help us let the something done for average Americans supplement their income. Well, we can American people know what our prior- who are in more need of help now as do better. We need to increase the Fed- ities are. the world changes quickly and dra- eral minimum wage. And as Senator Now, I wore a blue suit today, natu- matically. REID said, it is one of our highest prior- rally, because we are all excited over The average American wants us to ities. the election in November. But in our get to work on issues that matter to Senator MCCONNELL said, a few mo- excitement, we have to remember that them on a daily basis: making them ments ago, when it comes to the Medi- we are here because of the people who more secure, lifesaving medical re- care prescription Part D program, he sent us here, and to realize their desire search, fair wages, comprehensive im- will not stand by and allow us to scrap for change, to make their lives better. migration reform, energy independ- the program. I say: Hear, hear. We do We know a bipartisan approach is the ence, and affordable education and pre- not want to scrap the program. It is best and perhaps the only way we will scription drugs. They want us to go to long overdue. Prescription drugs under get this done. work for them again. That is what we Medicare keep our seniors healthy, If all our exultation and happiness are going to do. independent, and strong. But, sadly, we today—and, believe me, I stood there The 10 bills we have introduced are know the reality that when that bill with pride watching the new Members all aimed right at the heart of the av- was passed, it was written by the phar- in particular be sworn in, knowing how erage American in the sense of saying maceutical industry. It took competi- fine they are, what a diverse group of to the average American: We do know tion out of the program so they could people they are—the thing they share what you need, what you have asked us charge higher prices. It created a maze in common is coming from the bosom to do, and we are going to do our best of opportunities, but a maze of choices of the people of their State. Each one, to help you. for many seniors who were bewildered each of the new representatives, each Make no mistake; overall, families by what to do. It created a doughnut of the new Senators represents the peo- are doing quite well, but they are be- hole, a period of time where seniors ple of their State. ginning to hurt in certain ways: high who were the sickest had no coverage They come to us with a message, and gas prices, skyrocketing tuition, pre- whatsoever. I don’t think the message is left, right, scription drugs. These are all things or center, as some of the pundits have So I would say to my colleague on the average person worries about that said. The message is to keep your eyes the other side of the aisle, we are not they probably didn’t worry about 10 focused on the average family. All too going to scrap it. We are going to do years ago. These first 10 bills that we often we in Washington get lost in the our best to improve it. And we can im- are going to introduce represent the world of Washington. Too often politics prove it, bring in some competition so Democratic priorities for the Senate here seems to be a minuet, shadow box- we have reasonable cost drugs, so we and the country. These bills take aim ing, sometimes real boxing, where each have more coverage for seniors across at making education and prescription party and each individual is seeking America. drugs more affordable. They address There is an old saying that there is advantage over the other, and the focus our goals for energy independence, bet- no education in the second kick of a on getting something done—something ter homeland security, innovative med- mule. No matter what side of the aisle done for the American people—gets ical research, a modernized military, we are on, there is a lesson for all of us. lost. and comprehensive immigration re- The American people have given us If there was one message that this today a rare opportunity in our his- election had, I think that is it. The form—priorities that have been ne- tory. They have given us an order, too, American people were pleading with us, glected for far too long. I first want to express my enthusi- to chart a better course for this Na- crying out to us with a strong but astic support for our bill to address col- tion. They have asked us to listen. And plaintive voice: Help us. The world is lege affordability, S. 7, which my col- if, at the end of the day, we play to a changing, and we see that world change leagues will also address. We know we draw on these major issues—if we do in every way. Technology has dramati- must make it easier for families to not achieve results, if we do not show a cally affected everything we do, wheth- send their kids to college. As tuition good-faith effort toward compromise er it is terrorism, where technology costs rise, it gets harder and harder for and cooperation—they will be just as has enabled small groups of bad people them to do it. As college becomes more harsh in their judgment 2 years from to hurt us; whether it is jobs in edu- of a necessity, it also becomes less af- now as they were last November. And cation, where we now have a one-world fordable. That is the dilemma we face. we deserve it. labor market, and our workers, our As we begin anew this Congress, we kids in the third grade are going to be We are facing a critical time with this need to resolve together, on a bipar- competing not simply against the kids challenge coming, when a college edu- tisan basis, to find that path to a bet- in the third grade across the hallway cation is vital not only to one’s indi- ter and stronger America. but the kids in the third grade in vidual future but to our Nation’s pros- Mr. President, I yield the floor. China, India, and Brazil; whether it is perity and independence. The PRESIDING OFFICER. The Sen- the technology that has allowed us to We are competing now in a global ator from New York. live longer. market connected by technology, and we need a well-educated workforce. f I read somewhere that a little girl born today, if she lives in the early That is why I introduced upon arriving IMPORTANT PRIORITIES months and up to a year old, could well in the Senate a bill to permit a college Mr. SCHUMER. Mr. President, I rise live to be 100. And not very unusually, tuition tax deduction. I have worked to as well to speak about our priorities that would almost be the average. That support it ever since. We must ensure that Senator REID has introduced. is incredible. What that means is new that this deduction does not expire, as First, I compliment him for his vision problems for Social Security and Medi- it nearly did in December, by making and drive toward shaping these prior- care. It also means that our whole life- it permanent. And we must do more. ities, and his leadership that will en- style changes as people get married Just getting by is not enough when it sure the Senate makes the concerns of later, have children later, and retire comes to sending our kids to college. the average American family our top and have many years of leisure in life. We must address other aspects of col- priority. So technology is changing everything. lege costs, including Pell grants, loans, I thank my colleague from Illinois, The old messages—whether they be, and lowering interest payments on Senator DURBIN, who, as always, is able in my judgment, the old Democratic loans. I know my colleague, Senator
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In conclusion, the voters in Novem- and we are going to do a little bit to What I have been asked to spend a ber gave us great honor but humbling help them. few minutes to talk about is S. 4, a bill responsibility. We must now rise to Senator SCHUMER talked about the 9/ to implement the recommendations of meet that responsibility by returning 11 Commission and implementing their the national commission on terrorist the focus of our work to the basic report—something we should have done acts, the 9/11 Commission. It has now needs of American families. Today is long ago. The security of this Nation, been over 5 years since the tragedy and the first and important step toward people’s fear about where we are, is a devastation of September 11. On that meeting that responsibility. message that we all need to under- day, our Nation changed irrevocably So as we start this new Congress, I stand. I am pleased that is part of the with the knowledge that terrorist look forward to working with our Re- top 10 priorities of this new Congress. forces, motivated by hatred, have the publican colleagues and the President In dealing with the Medicare prescrip- determination and ability to threaten to deliver these priorities for American tion drug plan, I have met with many America on our own soil. My own city families. Those families deserve no seniors in my home State and they are of New York knows this devastation less. confused and frustrated. They are and tragedy well. On that day, and in I yield the floor. angry as they fall into the doughnut the days following, we lost thousands The PRESIDING OFFICER (Mr. hole and realize that the promise we of our friends and family members, in- SALAZAR). The Senator from Wash- have given them of prescription drugs cluding hundreds of brave firefighters ington is recognized. is not meeting that expectation, and and police officers who died trying to Mrs. MURRAY. Mr. President, I am we have a responsibility to do better. I save others. We owe it to all those who honored to be here with my Demo- hope that we can. lost their lives on that day to take up cratic colleague today. I listened to the I heard Senator MCCONNELL a short and implement the commission’s rec- Senator from New York talk about our while ago say he didn’t want us to tear ommendations. top 10 priorities. Senator REID, our new apart the Medicare prescription drug On that day, it was clear that much majority leader, and Senator DURBIN plan. Nobody does. We want to make it needed to be done to improve the secu- before me talked about how we now in work. I hope we can work together in rity of our homeland. The President this new majority are going to focus on cooperation and make that happen. and Congress responded in part by es- the real issues affecting American fam- Stem cell research: The Senator from tablishing the 9/11 Commission. This ilies. I congratulate Senators REID, the Iowa will be speaking in a few minutes. bipartisan commission did its work new majority leader, and MCCONNELL, He has been a leader on that issue. It is thoroughly and well, devising 41 core the Republican leader, for setting the about promise and hope for so many recommendations to prevent, defend right tone today by bringing us to- American families. I hope we can move against, and respond to the threat of gether this morning and reminding us it quickly through the Senate, through future terrorist attacks. Each one of all that we are here together to work the House, and to the President’s desk. the recommendations was a vital part on a very important agenda for the If we have to, I hope we have the votes of the Commission’s charge to Congress American people. We will have our dis- to override. Far too many families and the President. Yet Americans have agreements, our partisan battles, but struggle today, and we should at least not just been gravely disappointed but at the end of the day we have to move send them the promise of the future as also endangered by the failure to im- legislation forward because if there was generations before did for us. Energy plement all of the recommendations of any message to me out of the Novem- independence is critical in my State the 9/11 Commission. It is high time for ber election that brought us to the ma- and across the Nation. It is something this failure to be rectified. jority now, it was that people want us I hear about everywhere I go. S. 4 expresses the sense of Congress to get past the partisan rancor on the Strengthening our military: Cer- that we must immediately work to- floor of the Senate. They want us to tainly, that is important today, as we ward passage of legislation that will, get past the bickering. They expect de- know we face terrorism across the after far too long, implement the solu- bates, they like that, but at the end of globe, and we have exhausted our tions carefully crafted at our request. the day they want us to move forward. forces in Iraq. We have to make sure As the committee puts together a final Across this country today, American that we work together in a bipartisan detailed bill, S. 4 will serve as an im- families are struggling to send their manner to strengthen our military not portant symbol of our priority for se- kids to college, struggling to get just for today but for those who come curing our Nation by implementing the health care, struggling with their pen- behind us. recommendations. We have made some sions, struggling with their salaries, Included in that for me is taking care improvements since 9/11, but we still and they expect us, the 100 leaders of of those who have served us, our vet- have so far to go. the Senate, to be here together to solve erans, keeping the promise we made to America simply cannot wait any those issues in a way that moves them them when they served us overseas, longer to fully protect our homeland. forward and gives promise and hope to that we will be there when they come Whether it is improving communica- the next generation. home. We cannot tolerate the long tions between first responders, ensur- Mr. President, that is what the top 10 lines our men and women are in, the ing that law enforcement shares infor- priorities are that our new majority fact that they are coming home and mation about threats, or securing our leader set out for us today. They are cannot get a job; that the unemploy- transportation systems, which I know bills that focus on bringing back hope ment rate for 18- to 24-year-olds who my colleague from Washington has and opportunity for the thousands of served in Iraq and Afghanistan is three worked on, we have a whole lot to do. American families that are hoping times the national average. We have a We cannot wait longer for decisive ac- today that we have heard them and lot of work to do there. I am pleased tion to stop weapons of mass destruc- that we will respond and work hard to our leader has put out immigration. tion from falling into the hands of ter- make sure their lives are better. This is an issue the Senate has worked rorists entering our country or being I am pleased that we are beginning through. It is a tough one, but it is one built by those who would destroy us. next week with ethics reform. I think that, if we work together, we can move We cannot wait any longer to better it is important to start with a strong forward. combat the violent extremism that is message that we understand we have a Many other issues are coming before growing around the globe. responsibility to uphold the honor of us, but one I want to mention, in my This is only the beginning of the this Senate, not just for today but for last few minutes, is the issue of edu- work that remains to be done. We have many years to come. I am very excited cation. That is the backbone of our heard so much talk about homeland se- that within a few weeks we will be country, it always has been: making
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I had not known that about her rived after 9 p.m., they could not be a middle school today and have seventh family. It brings home once again that funded with Federal funds. I never un- and eighth graders say to me: Why in the America we love, anything derstood that. Why was it 9 p.m.? Why should I get good grades; I can’t afford should be possible for any child. No wasn’t it 9:15 p.m. or maybe 8:45, 9:13? to go to college. That is not the mes- child should be deprived of the hopes Why was it 9 p.m.? At the beginning, sage we should be sending. We should and dreams of having an education and one has to question the logic of why 9 be sending the message to them that if succeeding in life simply because they p.m. was the time barrier. they work hard and get good grades, were born poor or born on the wrong When the President announced his they will go to college. side of the tracks, so to speak, or policy, he said that 78 stem cell lines We have to address that issue in the maybe the wrong color—whatever. were eligible for research. We now Senate. We all know the jobs of the fu- Every child ought to have that oppor- know that is not so. Only 21 are eligi- ture depend on our young people today tunity. ble, not nearly enough to reflect the and whether they get the education I thank the Senator for so eloquently genetic diversity of this Nation. they need, and the money should not putting it forward on the Senate floor. What is more, every one of those be a barrier. f lines, all 21 of those lines are contami- I know this issue. Money was not a nated with mouse cells. They were STEM CELL RESEARCH barrier for me when I was growing up. grown on mouse cells, so they are all My father was diagnosed with multiple Mr. HARKIN. Mr. President, I wish to contaminated. So none of them will sclerosis when I was in high school. pick up a little bit from Senator MUR- ever be used for any kind of human There are seven kids in our family. We RAY’s remarks and talk about S. 5, the treatment. all thought the door had been shut to stem cell bill, that was also introduced Meanwhile, hundreds of new stem us and the ability to go to college. But today by the majority leader, Senator cell lines have been derived since the not so because leaders in the Senate REID. President’s arbitrary deadline. Many of stood up before I ever knew about them Stem cell research, when it is these lines are uncontaminated, they and said we need to have Pell grants stripped of all of the phony arguments are healthy, but they are totally off and student loans and we need to make and rhetoric, is basically about hope. It limits to federally funded scientists. college affordable. is hope for people with Lou Gehrig’s That is really a shame because if we So all seven kids in my family—de- disease. It is hope for people with spi- are serious about realizing the promise spite the fact my dad could no longer nal cord injuries, hope for kids suf- of stem cell research, our scientists work and was confined to a wheelchair, fering from juvenile diabetes, hope for need access to the best stem cell lines that my mom had to go on welfare, she people with Parkinson’s disease. possible. We need a stem cell policy had to go back to school herself and In this Congress, we are going to that offers true and meaningful hope. raise seven kids—we were able to go to bring those hopes one giant step closer That is what S. 5 would provide. college on Pell grants and student to reality. At long last, hopefully, we Under this bill, federally funded re- loans. All seven of us graduated and will lift the President’s restrictions on searchers could study any stem cell went on and one of us became a Sen- stem cell research and finally give our line, regardless of the date it was de- ator. Nation’s best scientists the tools they rived, as long as certain strong ethical We should not be shutting that door need to produce treatments and cures. guidelines are met. I point out, again, of hope to any young American today. The bill we have introduced today, S. as I have in the past and I will con- No matter what happens to them per- 5, the Stem Cell Research Enhance- tinue to point out, that the ethical sonally, no matter what their cir- ment Act of 2007, is the exact same bill guidelines in S. 5 are stronger than the cumstances, no matter what State, that passed both Houses last year with ethical guidelines under the existing city or community they grow up in, we strong bipartisan support. The House policy. want them to know the United States passed the bill 238 to 194. The Senate What are those guidelines? of America and leaders in their country passed it 63 to 37. One, no money can be exchanged. No know it is important for them to get Regrettably, the President chose to one can ever be paid for donating em- an education. exercise his first and only veto of his bryos. So as we move forward in this session administration in vetoing this bill. And Second, these embryos can only be of Congress, we are going to focus on with his veto, the President ignored used for stem cell research and for college affordability and making sure the will of the American people, he ig- nothing else. that the backbone of our country is nored scores of Nobel laureates, he ig- And third, the donors have to give in- strong once again. nored top scientists at the National In- formed consent for them to be used. We have much work ahead of us. We stitutes of Health, and with one stroke The final point is most important. do need to work together. Mr. Presi- of his pen, he dashed the hopes of mil- The only way a stem cell line could be dent, 51 to 49 in the Senate is very lions of Americans suffering from dis- eligible for this federally funded re- close, but we know that the issues in eases that could one day be cured or search is if it were derived from an em- this country are extremely important treated through stem cell research. bryo that was otherwise going to be and the families in this country are But now we are back, it is a new Con- discarded. Let me, again, say what that counting on us. gress, and the voices of hope are means. I look forward to working with all of stronger than ever. In November, the There are more than 400,000 embryos my colleagues to achieve an agenda American people elected many new frozen in in vitro fertilization clinics that sends that promise of hope once Members of Congress who support stem all over the country—over 400,000. again. cell research and replaced many former Right now, the only thing that can I yield the floor. Members of Congress who opposed this happen to those is that they be dis- The PRESIDING OFFICER. The Sen- research. As a result, we will pass this carded. They are thrown away every ator from Iowa. bill again this year, and the margins of day. Every day embryos are discarded Mr. HARKIN. Mr. President, first, I victory will be even wider. in in vitro fertilization clinics all over thank the Senator from Washington Let me spend a moment reviewing America. The donors have no other for a very eloquent and very profound what S. 5 would accomplish. More than choice. statement. The message the Senator 5 years ago, the President announced Take friends of mine, a young couple. from Washington put forward on the in a speech that federally funded sci- They couldn’t have children. They fi- Senate floor is one that all Americans entists could conduct research only on nally went to an IVF clinic. That
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We have been told of the my friend’s only choice is to have them When we were considering this legis- plight of the American farmers from discarded. That is her only choice. But lation in the Senate Judiciary Com- New York to California. We have seen as she said to me: I would love, after I mittee, Senator SALAZAR made a com- the pictures of the piles of rotting fruit have my children and my family, if pelling argument why that name, an that have gone unharvested. We hear there are embryos left over, I would American hero’s name, should be added American technology companies la- love to be able to donate them for stem to the bill: because he devoted and sac- menting lost opportunities and the loss cell research to help cure disease and rificed his life to empower the most of skilled innovators to other coun- to help people who are sick. vulnerable in America, as did Fannie tries. Dairy farmers are yearning for Right now she cannot do that. Nei- Lou Hamer, Rosa Parks, and Coretta more available legal workers in my ther she nor her husband can do that. Scott King. own State of Vermont. But worse yet, Cesar Chavez’s name should be added Our bill would allow them to have that others have watched families in their to the law as an important recognition option. No one is forced to do anything, employ be torn apart through piece- of the broad landscape of political in- but it would allow them to have that meal, inconsistent, sometimes heavy- clusion made possible by the Voting option. handed enforcement efforts. I have met Rights Act. This bill would not alter I also, wish to point out again one of some of those families. I have talked to the act’s vital remedies to address con- the misconceptions. These are em- people who were fifth, sixth, seventh tinuing discrimination in voting, but generation Vermonters who say how bryos. They are blastocysts. They have rather it is overdue recognition of the unfair it is to see these good families about 100 cells. I always do this: I put importance of the Voting Rights Act to torn apart by seemingly arbitrary im- a dot on a piece of paper, hold it up and Hispanic-Americans. migration enforcement efforts. No say: Can anybody see that? That is I offered Senator SALAZAR’s amend- what we are talking about. It is about ment in the Judiciary Committee. The American farmer, no business, should the size of a period at the end of a sen- moral weight of what he wanted to do be put in the position of having to tence. There is a lot of misinformation was so compelling that in a committee choose between obeying the law or los- about what we are talking about. often fractured, it passed unanimously. ing their livelihood. As I said before, Congress is going to It was included. It was not included in Where American workers can fill pass this bill, that is certain. Sadly, the final bill because as we were near- available jobs, of course they should be some are already predicting the Presi- ing the ending time, we did not want to given priority. But where these jobs dent will veto it for a second time. I have to have the bill go back and forth are available but unclaimed by Amer- hope they are wrong. I hope the Presi- to the other body again because we ican citizens, it makes no sense to deny dent will respect the will of the people wanted to get it on the President’s willing foreign workers the oppor- and sign the stem cell research bill. desk in time. I committed to the dis- tunity to work. We can strike a bal- But if he does veto it, we will persist. tinguished Senator from Colorado that ance if we work together. We must streamline and reform our We will use every legislative means at I would join him again this year, and I visa system for low-skilled workers so our disposal to make sure S. 5 is en- say with virtual certainty that the we can help reduce the crippling back- acted into law, and it will happen dur- Senate Judiciary Committee will move logs that affect American businesses. ing this Congress. very rapidly with that issue this year. And we must increase the number of My nephew Kelly is one of the mil- I have the commitment of the new low-skilled work visas issued each year lions of Americans whose hopes depend chairman backing that up, as does he to keep up with the needs of our econ- on stem cell research. Kelly was in the have mine. And so I urge the Senate to omy. We should enact stronger, con- Navy. He had a terrible accident on an quickly take up and pass this measure sistent employer verification proce- aircraft carrier, and he has been basi- as we convene the new Congress and dures. We should impose penalties for cally a paraplegic now for 28 years. But commit ourselves once again to ensur- those employers who flout the law and he has kept his hopes alive that our ing that the great promises of the 14th exploit those who have no voice. We scientists will be able to find a cure. and 15th Amendments are kept for all can do this by working together and Stem cell research offers the best hope Americans. enacting comprehensive reform. for people suffering from spinal cord COMPREHENSIVE IMMIGRATION REFORM injuries. Through comprehensive and smart Mr. President, as this new Congress reforms we can increase our security. Now is the time to give them the begins, we have a tremendous oppor- hope, to lift the ban on stem cell re- Let us work to focus enforcement ef- tunity before us to enact fair, com- forts and protect our citizens from search. As I said, we will do that in this prehensive immigration reform. It is those who seek to do us harm. Let us Congress. It will be one of the first bills time for bipartisan action. So I join put an end to the enforcement condi- we pass. I hope the President will sign with Senators from both sides of the tions that end in too many needless it and we can move on. But if not, for aisle to call for comprehensive immi- deaths in the deserts of the Southwest, Kelly and for so many millions of gration reform, and I will work to Americans, we hope the long wait is al- enact it. We have to put aside the families—spouses and children—who most over. I predict that hope will pre- mean-spiritedness and shortsighted die needlessly trying to seek the prom- vail in this Congress. policies driven by fear and recognize ise of America. We also have to take a Mr. President, I yield the floor. the dignity of those whose work con- smart approach in dealing with the The PRESIDING OFFICER. The Sen- tributes to reinvigorating America. millions of people already here, one ator from Vermont. Consistent with our heritage as a na- that does not divide families and make f tion of immigrants, we need to bring instant criminals out of millions of people but rather honors our Nation’s CESAR CHAVEZ people out of the shadows. My mater- nal grandparents were immigrants to best traditions. When we enact reforms Mr. LEAHY. Mr. President I will this country. My wife’s parents came to bring the millions of undocumented speak briefly. One of the things I am as immigrants to this country. We are people of this country out of the shad- going to do today is join the distin- a nation of immigrants. And those of ows, greater accountability will follow. guished Presiding Officer, Senator us who are here now should not think When we provide incentives for undocu- SALAZAR—in fact, I should note that that somehow we got here differently, mented people to enter a path to citi- this is the first time I have seen the and that we should close the doors to zenship, we will encourage them to live distinguished Presiding Officer in the the rest. That is not the American way. up to our traditions of citizenship and chair. He looks as though he was born Through comprehensive immigration civic responsibility. When we endow to preside here, and he does it well. I reform, we can increase the opportuni- those who seek to better their lives and
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Mr. President, before the course in Iraq for many reasons, but ground, we foster a culture of lawless- Senator from Vermont leaves the floor, one of them surely is that such a ness and mistrust. let me commend him for his remarks change will help address many of the We can’t wall ourselves off from the and the passion he brings to this sub- problems that I have identified here in world. A 700-mile fence on a 2,000-mile ject which is based on his own personal these few minutes. Placing the respon- border is not the answer. Last fall, the experience but which reflects the expe- sibility for the future of Iraq in the Republican Congress rushed through a rience, I believe, of the vast majority hands of the Iraqis and beginning a bill to build 700 miles of fencing and of Americans. I just want to tell him phased withdrawal of our troops from did so against the advice of the Depart- how much we all look forward to his that country in the next 4 to 6 months ment of Homeland Security. That fence leadership on this and so many other would be an important step toward bill was neither fair nor comprehen- issues. turning responsibility for the future of sive. I share the disappointment of tens Mr. LEAHY. Mr. President, might I Iraq over to the Iraqis, but also a criti- of millions of Americans who had thank the distinguished senior Senator cally needed step toward rebuilding our hoped President Bush would have exer- from Michigan. He and I have been dear own military. We must act to ensure cised his constitutional authority to friends for years and years. I thank that our troops have the training, veto that costly, cobbled-together and him for those words. I am also happy to equipment, and support they need to mean-spirited law. Instead, the Presi- see the gavel of the Armed Services remain the strongest and best military dent seemed to have abandoned his Committee go into his hands. force in the world. principles in signing the Secure Fence Mr. LEVIN. I thank my dear friend Senator REID’s S. 8, Senate bill 8, the Act: legislation that will cost between from Vermont. I join him also in tell- Rebuilding America’s Military Act of $2 billion and $9 billion and fail to per- ing the Senate just how pleased we are 2007, commits us to taking such action. form as advertised to seal our southern to see the Presiding Officer sitting I am confident that we can do so on a border. Scarring our southwestern where he is. We have worked together bipartisan basis, and I look forward to landscape with a symbol of fear, pan- on many issues. We have traveled to- proceeding in that manner as the dering, and intolerance offends the gether. His commitment to such crit- weeks and months unfold. great heritage of our Nation by sending ical issues as immigration, environ- I again thank the Chair. I again com- the wrong message to our neighbors ment, energy, and a number of other mend him for the way in which he has and to the world about American val- issues has made a real difference. He is proceeded as a Senator in so many ues. It was a pricey bumper sticker law a very quick study and a quick learner, ways and for his friendship. passed to curry favor in certain quar- as noted when we traveled together to I yield the floor. ters before the elections. Instead, by Iraq and other countries. So he indeed THE PRESIDING OFFICER. The focusing on technology, innovation, fits the chair which he is sitting, and it Senator from Idaho is recognized. and personnel rather than partisan pol- is a pleasure to look at him as I ad- Mr. CRAIG. I thank the Chair. itics and divisive walls, we can do a dress the Senate for a few minutes this (The remarks of Mr. CRAIG per- better job of securing our border. afternoon. taining to the introduction of S.J. Res. The President has said many times REBUILDING AMERICA’S MILITARY ACT OF 2007 1 are located in today’s RECORD under that in order for the United States to Mr. President, I join our majority ‘‘Statements on Introduced bills and achieve real security, we must have leader, Senator REID, in introducing S. Joint Resolutions.’’) comprehensive immigration reform 8, the Rebuilding America’s Military The PRESIDING OFFICER. The Sen- which must include a realistic solution Act of 2007. Every Member of the Sen- ator from New Mexico is recognized. to bring out of the shadows the mil- ate, every Democrat, every Republican, Mr. BINGAMAN. Mr. President, I ask lions of undocumented immigrants in strongly supports our men and women each side, the Democratic and Repub- this country and at the same time in uniform and is committed to pro- lican sides, be given an additional 10 meet the pressing needs of employers viding them with the training, equip- minutes to speak in this period. I will who are looking for willing workers. In ment, and support they need and de- take the first 5 minutes of that, and numerous statements, including a serve. I commend Senator HARRY REID then my colleague from California, speech in Mission, TX, in August 2006, for recognizing that much needs to be Senator BOXER, will take the second 5 he recognized that without all compo- done in this regard and that we need to minutes of the Democratic time re- nents of comprehensive reform working commit ourselves to doing what needs maining for us. together, immigration reform will not to be done. The PRESIDING OFFICER. Without work. As the situation in Iraq has grown objection, it is so ordered. So I will continue working to enact steadily worse over the last 3 years, f legislation to secure our borders and our military commitments in that strengthen our economy and bring country have placed an increasing NATIONAL ENERGY AND ENVIRON- about a realistic solution for the mil- strain on our Armed Forces. For exam- MENT SECURITY ACT OF 2007 lions of people who want to work and ple, delays in ordering body armor and Mr. BINGAMAN. Mr. President, I am live legally in our country. I will con- other protective equipment have left pleased to cosponsor S. 6, which is the tinue to support fair and comprehen- some of our troops vulnerable in com- National Energy and Environment Se- sive immigration reform that will re- bat. Failures to fully fund special re- curity Act of 2007. This is a message spect the dignity of those who seek to placement and repair of equipment bill that Senator REID introduced ear- join mainstream American society and that has been damaged and destroyed lier today. It lays out a number of im- better their lives in the United States. in the course of ongoing operations en- portant goals that will guide our Let’s hope that common sense and bi- dangers our troops. The decision to thinking and action on energy-related partisanship will prevail and that the send our best and most ready equip- matters, including the issue of global promises of America, those promises of ment to Iraq has left the military’s warming, in the 110th Congress. America that encouraged my grand- nondeployed ground forces with a de- Let me talk briefly about five key parents to come to this country and clining and dangerously low level of goals that are mentioned in the bill. my wife’s parents to come to this coun- readiness to meet their wartime mis- These goals will be subject to much try, are still there. Let us not enact sions. For example, at least two-thirds more detailed discussion in future laws that are beneath the dignity of a of the Army units in the United States weeks and to action both in the Energy great and noble and welcoming Nation. are rated as not ready to deploy. That Committee and, for some issues, in the Let us pass legislation that reflects is a totally unacceptable situation rel- Environment Committee as well.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S20 CONGRESSIONAL RECORD — SENATE January 4, 2007 The first goal of the bill is to reduce the need for the equivalent of 70 1000- to all of us here, both sides of the aisle, our dependence on foreign and un- megawatt nuclear power plants. Exam- that we are going to put the environ- sustainable energy sources. Any na- ples like this present a compelling case mental issue back front and center and tional energy strategy to reduce that for pushing energy efficiency, and I ex- we are going to put the energy issue dependence will have to maintain our pect that we will have a strong focus front and center and we are going to do domestic production of oil and gas as on these opportunities in this Con- everything we can do to become energy well as undertake three basic initia- gress. independent and to preserve this planet tives. The first of those initiatives is to A fourth goal of the bill is to reduce for future generations. greatly increase the efficiency of the the burdens on consumers of rising en- This is a very emotional day for me cars and trucks that we put on the road ergy prices. We need to make sure that in a very good way because I am as- in this country. There are a lot of ideas programs such as the Low-Income suming the Chair of the Environment on how to do this. They include several Home Energy Assistance Program are and Public Works Committee, which is proposals for increased CAFE stand- fully funded and targeted at low- a dream come true for me. Since I ards as well as so-called ‘‘feebate’’ income and working families. started my career, the environment standards that send signals to the mar- The fifth goal in the bill is to elimi- has always been one of my signature ket to encourage the production and nate unnecessary tax giveaways and issues. In California it is a bipartisan sale of high efficiency vehicles. I look prevent energy price gouging and ma- signature issue. We all work together, forward to working with my colleagues nipulation. We need to take a broad Republicans and Democrats and Inde- on both sides of the aisle to try to look at the incentives we have in place pendents, because we understand that move these proposals forward. for energy production on both the tax the health of our planet and the health Another way to reduce our depend- side and the royalty side, to ensure of our families is very important. ence is to further develop alternative that we have the most effective mix of America has always taken the lead. fuels, particularly biofuels. In that re- incentives going forward. We are all Somehow, recently, we have lost our gard we need to focus on broadening agreed that those are issues that need way. the base of biological feedstocks that attention. Oftentimes when I speak about the The United States has one of the are used to make fuels such as ethanol. environment, people are stunned to see most favorable set of fiscal policies for This is an issue we will be focusing on that, indeed, Republican Presidents production of oil and gas in the world in the Energy Committee. have taken the lead on the environ- A third way is to look at the other today. Some of those fiscal incentives ment. Dwight Eisenhower set aside the new technologies to power our cars and may be redundant at the price levels area that is now part of the Arctic Na- our trucks. There is much promise in we are currently seeing. There are big tional Wildlife Refuge and said we hybrid vehicles with larger batteries problems in the royalty system being should not destroy this beautiful part that can be charged overnight, so- managed by the Department of the In- of the world. Richard Nixon created the called plug-in hybrids. This sort of terior, with some companies getting Environmental Protection Agency, and technology can help reduce demand for royalty treatment that Congress never then you look at Jimmy Carter who I gasoline for short trips and deserves intended them to receive. We will be believe created Superfund. Presidents further attention. looking at these issues closely in this of both parties worked with Congress The second goal in the bill is to re- new Congress. We will be examining to write the Clean Air Act, the Safe duce our exposure to the risks of global how to rebalance the system, both Drinking Water Act—it has been, I warming. While there are several Sen- from the perspective of having fair and think, a backpedaling of environ- ate committees with great interest in effective royalty and tax policies for mental laws and regulations that has this issue, obviously the Environment oil and gas and from the perspective of undermined the bipartisan issue of the Committee has a primary role and the having effective tax and other incen- environment. primary jurisdiction. But over 95 per- tives to promote other forms of energy, cent of the U.S. carbon dioxide emis- such as production of electricity from I have three goals for this com- sions and nearly 85 percent of all U.S. wind solar, geothermal, and renewable mittee. No. 1 is to protect this planet. greenhouse gas emissions come from sources. I think that is our moral obligation. I energy production, distribution, and All of this is a tall order for Con- view it as a spiritual obligation. No. 2 use. We want to work with other com- gress. I predict instead of seeing just is to protect the health of our families, mittees to find the best way to deal one big energy bill, we will be address- the health of our children. I view that with this important issue and to bal- ing these issues through multiple bills as a moral obligation and a spiritual ance environmental imperatives with that move through the Senate as issues obligation. My third goal for the com- the need for reliable and affordable en- and proposals for addressing these mittee is to bring back bipartisanship. ergy into the future. issues become ripe for action. In the We have had, in this great committee, The third goal in the bill is to diver- Senate we will not make much great leaders from both parties. Al- sify and expand our use of secure, effi- progress on energy or environment un- ready I have begun reaching out to Re- cient, and environmentally friendly en- less we can develop a strong bipartisan publican friends. Of course we know ergy supplies and technologies. Effi- approach on the issues. The Committee there will be disagreements. But I can ciency is a key element in our energy on Energy and Natural Resources has a tell you, and I want to reassure the policy. It deserves more attention in strong tradition of bipartisan accom- American people, that we are working this Congress than we have been able plishment that I plan on continuing in together. Today I had an open house at to give it before. There are outstanding this new Congress. I look forward to the committee room and in walked my opportunities to reduce the demands of working with my colleague, Senator Democratic colleagues and my Repub- our future energy system by being PETE DOMENICI, and all members of the lican colleagues. My former chairman, more efficient and effective in the ways committee as we forge an effective JAMES INHOFE, was the first Senator to we distribute and use energy. path forward to promote our energy come by and we had a series of Sen- As one example, most incandescent and energy-related environmental se- ators come by—Senator ISAKSON, Sen- light bulbs are only 5 percent efficient, curity. ator OBAMA, Senator LAUTENBERG, Sen- so they waste 95 percent of the energy The PRESIDING OFFICER. The Sen- ator ALEXANDER, Senator VITTER, and that goes into them. Fluorescent light- ator from California. Senator WARNER. It was a wonderful ing is only 20 percent efficient. There is Mrs. BOXER. Mr. President, it is experience for me to sit there and see no fundamental scientific reason why wonderful to see you sitting there and that in fact we are getting off on the lighting has to waste so much energy. to tell you, as I know you will be very right foot. New technologies are on the horizon pleased with this news, that S. 6, which I cannot tell you how good I feel that could reach close to 100 percent ef- has been introduced by Leader REID, is about S. 6 because it lays down a mark- ficiency. Even if we were to make all called the National Energy and Envi- er and it says we have to do something lighting in the United States just 50 ronmental Security Act of 2007. That about energy efficiency and we have to percent efficient, we would eliminate means Senator REID is sending a signal do something about global warming. If
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I am going to Member of this Senate who would very pleased to see that business is bring all that enthusiasm to the com- knowingly walk away from their future stepping up to the plate. mittee. I am going to be patient. We family. Scientists are telling us we I am also pleased to see the State of are going to listen. We are going to need to take action soon in order to California passing landmark legisla- write a bill and bring it here. avoid dangerous global warming. If we tion to fight global warming—my I say to Majority Leader REID, it fail to act, we could reach the tipping State—and doing it on such a bipar- means so much to me to have as one of point with irreversible consequences. tisan basis. This is very exciting for the top bills a bill that uses the word I say to my colleagues on both sides me. ‘‘environment’’ in the title. I cannot of the aisle, today I believe we have no We have a great bill that will be in- state how long I have been waiting for choice but to act to slow global warm- troduced by the Senator from that. We have it in S. 6. It is called the ing. We should look at our actions as Vermont, Mr. SANDERS. That will be National Energy and Environment Se- an insurance policy. Yes, scientists will the same bill written by former Sen- curity Act of 2007. It is an apt name be- disagree. Some will say horrific things ator JEFFORDS, a great leader on the cause when we take care of the envi- will happen. Some will say bad things Committee on Environment and Public ronment, we are taking care of our own will happen. I don’t know of any re- Works, before retirement. I have to try security and the health of our families. spected scientist who thinks nothing to fill his shoes. This great bill is mod- I yield the floor and suggest the ab- will happen. But for bad things or hor- eled after the California bill and will sence of a quorum. rific things, we need an insurance pol- tackle this issue in a way which will be The PRESIDING OFFICER. The icy. We need to be conservative. We good for the environment, good for the clerk will call the roll. need to do the most we can do so we health of our families, good for foreign The legislative clerk proceeded to protect those future generations so policy, and good for the export of new call the roll. when they look back at us, they will technologies, meaning more jobs here. Mr. ALLARD. Mr. President, I ask say: They stepped up and did the right We can do this. We can reduce costs for unanimous consent that the order for thing. consumers, for businesses. the quorum call be rescinded. It is hard to persuade people to act Energy efficiency is the name of the The PRESIDING OFFICER. Without when the consequences of inaction lie game. It is the easiest way to get more objection, it is so ordered. down the road. But we are smart energy. f enough, we are wise enough to do Everyone who knows me knows I AGENDA FOR COLORADO something about global warming. want to pass the greatest bill in the Here is the good news. Whatever we history of mankind to fight global Mr. ALLARD. Mr. President, today do about global warming, to reduce warming. Everyone knows I want to do we start the 110th Congress of the greenhouse gases, has a beneficial ef- that. Everyone knows I want us to go United States. We embark on a 2-year fect on our society. That is why it is as far as we can go. I am an idealist journey to submit, consider, debate, something I think we can wrap our when it comes to this, but I am also a improve, and eventually pass legisla- arms around. When we do something pragmatist. So we will work our col- tion on behalf of the greater good of for energy efficiency, to cut back on leagues in the Senate, both sides of the our constituents and the American the carbon dioxide, what does it mean? aisle, Republicans, Independents, and people. Accordingly, I have here today It means we save money in our pock- Democrats. We will open the com- a package of legislative proposals ets, if we drive fuel-efficient auto- mittee to all the Senators. We will lis- which I believe will benefit Colorado mobiles, alternative fuel vehicles, hy- ten to their ideas. We will listen to and the country. This package is the brid vehicles, cellulosic fuel vehicles. It their views. We will take the best of first chapter of what I hope becomes a helps us keep money in our pockets. It those ideas, we will sit down, and we legislative agenda for Colorado and the says we don’t have to rely on foreign will work hard and get a bill. That day Nation. These 15 bills address matters countries. So that makes eminent good will come in the near future. At that from healthcare to housing, land usage sense. It means we will be developing time, the faith the people have placed to veterans, and Homeland Security to technologies that we can export to the in Congress, once again, that faith will drug trafficking prevention. rest of the world. be restored. Some of it was lost be- These bills are: Today, as the incoming Chair of the cause in many ways we took our eye The Methamphetamine Trafficking Environment and Public Works Com- off of what we had to do. Enforcement Act of 2007; the Medicare Cost Contract Exten- mittee, I am embarrassed to say to the When people ask me, What is it like in the Congress, what do you like to do sion and Refinement Act of 2007; people of the United States that of the the Mark-to-Market Extension Act of in the Congress, I say, Let’s face it, the 56 emitters of greenhouse gases in the 2007; order of what they have done to help easiest thing is to do nothing. When the National Domestic Preparedness solve the problem, we are 53 out of 56. you do something, somebody gets nerv- Consortium Expansion Act of 2007; Only a few countries have done less ous about it, but when we have an issue the National Trails System Willing than we have done and those countries such as global warming, which is a na- Seller Act of 2007; are China, Malaysia, and Saudi Arabia. tional security threat—and the Pen- the Pikes Peak Regional Veteran’s I am embarrassed to stand here and say tagon has told us it is a national secu- Cemetery Act of 2007; that to the American people, but I rity threat because if waters rise and the Pinon Canyon Expansion Citi- must speak the truth to the American there are refugees all over the world, zen’s Input Act of 2007; people. We are the No. 1 emitter of the instability that will follow will be the Arkansas Valley Conduit Act; greenhouse gases and we are 53rd out of absolutely enormous; it will create a the Increase Computer Efficiency 56 countries in doing something about trend. There are predictions that if we Study Act of 2007; it. have bad global warming, we will have the Mesa Verde National Park All this is going to change. I think it weather extremes with droughts and Boundary Expansion Act of 2007; is going to change because the people floods and all the problems we have the Baca National Wildlife Refuge want us to change. The people want us been getting a little look at through Purpose Act; to lead. the lens of the last couple of years. the Cache la Poudre River National I look around and see, for example, Fate has thrown us together, I say to Heritage Area Technical Amendments Wal-Mart—Wal-Mart, with whom I my friends on the other side of the Act of 2007; have disagreed on so many labor issues aisle. You never know when you will be the Satellite and Cable Access Act of I can’t even start to tell you the story born or whom you will come to know. 2007;
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I believe those bills rado, my father and mother never had Colorado citizens, officials, interested create a good framework for issues an opportunity to get a college degree. parties, and stakeholders. It is a set of that urgently need to be addressed by We were poor, raised in a place that fairly controversy-free proposals that the Congress and by this President. I didn’t have electricity and a telephone. will solve problems and offer solutions. am hopeful that in the days and weeks Yet the promise of America and the I intend to return to this floor with a and months ahead we will, in fact, be promise of education was something second round of legislative proposals, the kind of Senate and Congress that that was constantly talked about to us proposals that I am now working on gets results on these important initia- by our parents. I often remember my with colleagues, State officials, and tives. father going around the table at our Colorado stakeholders. Other measures I don’t want to comment on all 10 ranch and making sure all eight of his I plan to address this session include pieces of legislation today, but I will children were doing their homework Good Samaritan mine cleanups, bark make reference to a couple of them. because he knew that education would beetle eradication legislation, Rocky First, with respect to energy, I think allow them to seek horizons and get to Mt. National Park Wilderness, Na- all of us in this body recognize that it places he had not been able to reach. tional ID theft/Social Security number is time for us to embrace a true ethic Over time, all eight of his children be- protection, renewable energy tax cred- of energy independence. For a long came first-generation college grad- its, reverse mortgages, the need for time, we have given rhetoric to the uates. public health veterinarians, oil shale issue of energy and our overdependence Today, I stand here as a Senator royalties, and manufactured housing on oil from the Middle East and other from that family, born in that place. reform. places. I think today Republicans and Without education, I would not be I look forward to working with my Democrats, conservatives and progres- here, and those in my family would not colleagues on getting these bills sives, have come together to say we have had the opportunities they have through the legislative process and know what the answer is to this. It is had. It has been the leaders in the Sen- being able to tell Coloradans that we in not as difficult as other areas we have ate, including people such as former Washington are engaged on their be- to deal with, such as health care. The Senator Claiborne Pell from Rhode Is- half. national renewable energy lab in my land, who stood for the proposition (The remarks of Mr. ALLARD per- home State will tell us all if we put our that that educational opportunity taining to the submission of S. Con. minds together, we can produce 30 to 40 should be afforded to all Americans, no Res. 1 are located in today’s RECORD percent of our energy from renewable matter what your background, no mat- under ‘‘Submission of Concurrent and energy sources. We can use the new ter your economic condition; that you Senate Resolutions.’’) technologies that are out there to get should be allowed to have an edu- (The remarks of Mr. ALLARD per- to energy independence. cational opportunity in America, be- taining to the introduction of S. 124, S. The only thing lacking, really, has cause there was a recognition that 125, S. 126, S. 127, S. 128, S. 129, S. 130, been the will of the leadership of Amer- with educational opportunity, any- S. 131, S. 132, S. 134, S. 135, S. 136, S. 168, ica to move forward to get us to that thing is possible for a child in America. and S. 169 are located in today’s energy independence. In my view, it is So that piece of legislation Senator RECORD under ‘‘Statements on Intro- important that we do so, first, because REID introduced today is something I duced Bills and Joint Resolutions.’’) our national security is dependent hope we can embrace electively as a Mr. President, I suggest the absence upon our being energy independent. We Senate moving forward in a com- of a quorum. ought not to be in a position where the prehensive way. The PRESIDING OFFICER. The national sovereignty and security of Finally, let me make a quick remark clerk will call the roll. this Nation is held hostage to the on the issue of immigration reform. We The assistant legislative clerk pro- whims of the Middle East and those spent a lot of time on immigration ceeded to call the roll. who happen to have oil wealth under here in the Senate. A few months ago, Mr. SALAZAR. Mr. President, I ask their sands. we were successful in passing a bipar- unanimous consent that the order for Secondly, it is important for the eco- tisan compromise to move forward. I the quorum call be rescinded. nomic security of our country that we am hopeful that as we look at the The PRESIDING OFFICER (Mr. move forward with energy independ- months ahead, we will be able to work OBAMA). Without objection, it is so or- ence. As we move forward, we will find with President Bush and our Demo- dered. economic opportunity, including eco- cratic and Republican colleagues to f nomic opportunity for rural America, fashion a comprehensive immigration to help us grow our way to energy inde- reform package that will deliver an ef- A NEW BEGINNING pendence. fective immigration law for our coun- Mr. SALAZAR. Mr. President, first Finally, we will be able to deal with try. let me congratulate the Presiding Offi- the environmental security issues that In my view, that immigration reform cer for having assumed that position are very much at stake in this energy package has to have three principles at today for the first time. This Senator debate. its center. First, we have to secure our has a long-time admiration for the I want to comment on the impor- borders. I believe the legislation intro- Senator from Illinois, for the great tance of education and the College Af- duced today will, in fact, help us make work he has done, and for his contribu- fordability Act, which has been pre- sure our borders are secure. We as a tions to this body. sented today by Senator REID. For sovereign Nation have to make sure we Let me also say that I come here many of us who know the promise of are securing our borders. today to congratulate both our major- America, we know that promise of Secondly, we need to enforce our ity leader, Senator REID, for his leader- America has come about through the laws within our country. For far too ship, and Senator MCCONNELL for his educational opportunities we receive. long we have looked the other way and leadership as the minority leader, and For many of us in this Chamber, in- the laws of immigration in our country for them having brought the Members cluding Senator MURRAY, who spoke a simply have not been enforced. The of this body together to start a new be- few minutes ago—she talked about the measure we passed last year put to- ginning, which is based on a sense that promise of America delivered through gether the pieces to allow us to enforce we as America will do better by work- the educational opportunities which our immigration laws. ing together, and that the politics of she had. Even though she was one of Finally, from both a human and a division of the past are politics that we seven children and had a father who moral and economic perspective, we will be able to transcend and move for- had multiple sclerosis, she achieved need to find ways of bringing the 12
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Without been recognized but somehow ignored. fighting the war and rebuilding the the stations, the already-funded sat- We need to find a way to make sure military as is so necessary. ellites—we have the satellites ready to that we bring those people from the So we have stretched them every way go—cannot launch until we get this bill shadows into the sunlight, and the only we can. We have cut into almost every passed. way we will be able to do that is with program, essential initiatives such as We went through months of agoniz- a comprehensive immigration reform the Future Combat System. That is a ing discomfort in deciding what are we package that we pushed forward last recognition, after the 1990s, when we going to do with the F–22, C–17, C–5, C– year and, hopefully, we will have an- let our modernization slide and a lot of 9, and C–40 in terms of the new loca- other opportunity to push forward in our military needs, to bring us up so tions. That has all been determined. It the manner of the bill introduced today that when we send our kids into battle, has been outlined in BRAC, but we by Senator REID. we send them with the very best of can’t do it until we have the hangars to I very much look forward to working equipment. If we look at some of our take care of them, to get them into the with my colleagues, both Democrats ground equipment, such as our artil- new areas. and Republicans, in this body as we ad- lery pieces, it is World War II tech- What we are talking about are items dress the major issues facing our Na- nology. It is the old Paladin where that directly affect the warfighting ef- tion and our world. they actually have to swab the breech fort. The Predator, for example, has I yield the floor. after every shot. the tactical air control program that The PRESIDING OFFICER. The Sen- The Future Combat System came up, should be supporting the Army brigade ator from Oklahoma is recognized. and there was a recognition that we combat teams. Mr. INHOFE. Mr. President, I ask should have an army, a ground force I think we all know our ground forces unanimous consent that I be recog- that is faster, more agile, more trans- have to have support, either close air nized for such time as I may consume. portable, more modern than it is today. support or artillery support on the The PRESIDING OFFICER. The Sen- Every week that goes by that we don’t ground. We can’t do the close air sup- ator is recognized. get this done, it is causing the Future port if we don’t have the appropria- Combat System—there are about 19 tions bill passed. f The Predator mission—a lot of people elements of it—to move to the right MILITARY CONSTRUCTION are not aware of this; they think of it and delay this from taking place. APPROPRIATIONS The fiscal year 2007 Military Con- as being intelligence-gathering agen- cies and a communications system tar- Mr. INHOFE. Mr. President, I have a struction appropriations bill was not geting and retargeting on the ground. couple of concerns here. One is a driv- passed into law. The continuing resolu- While that is very important and it has ing concern. After having served on the tion, as currently enacted, does not to be done, a lot of people don’t realize House Armed Services Committee be- allow the Department of Defense to the Predator also has the capability of fore and for the last 12 years on the proceed with over $17 billion in new firing a rocket. So we need to have Senate Armed Services Committee, I construction and BRAC projects au- that program. We cannot have it unless am deeply distressed that we did not thorized by Congress in the 2007 au- get our MilCon Appropriations bill we get this bill passed. thorization bill. The military is going to lose a lot if passed. I don’t think a lot of people re- Let me mention what will happen if we don’t get this bill passed. When we alize how significant it is that we get it we don’t do this. There are so many look at the military construction that passed for this fiscal year, 2007. things having to do with the BRAC is going on in the continental United The partisan issues that some people process. I opposed the last BRAC States and we see the community sup- are trying to tie up on the floor are no- round. We went ahead and had it, and I port—in my State of Oklahoma, we where near as important as this issue, think that is probably the last we will have five major military installations. and I am talking about some of the have for a long period of time. It has a They are located near major cities. other bills. It is true that we need to deadline of 2011. If we don’t get this bill Vance Air Force Base is at Enid, OK. have the DC appropriations bill, but it passed—by the way, I have introduced Then we have Altus, Lawton, is not life-threatening and certainly S. 113. We have a number of cosponsors. McAlester, Oklahoma City, and Mid- not going to result in the loss of lives Most of the Republican members of the west City. We have always done well in of our fighting troops. Labor-HHS is Senate Armed Services Committee are our BRAC process because we have important but not as important as this on it. greater community support than most bill. Commerce-State-Justice—a lot of The 1st Armored Division will have other installations. But when you have those items can be put into a CR. I to stay in Germany if we don’t get this a community that has made a commit- would have no problem with a con- passed. If that happens, we are not ment toward MILCON predicated on tinuing resolution. But as far as this going to be able to have the two mod- the assumption that we are going to bill is concerned, if we don’t do it now, ular combat brigade teams we so criti- pass our Military Construction appro- there are a lot of items in conjunction cally need on the front lines. We are priations bill and then we don’t do it, with our BRAC process that are not talking about the war that is taking they could very well renege on their going to happen and have to happen place right now and why we need to get commitment for housing, hospitaliza- and are life-threatening to our troops. this MILCON appropriations bill tion, and childcare. It is far more sig- I compliment Senator HUTCHISON, passed. nificant than most people realize. If we who was chairman of the Sub- The Army National Guard and Re- don’t pass the needed funding, the re- committee on Military Construction. serve lack $1.1 billion to construct and sults will be very serious. She tried so hard in the last 2 days of replace aviation support facilities. I have in front of me a letter signed the last session to get this bill They cannot function without these fa- by Army Secretary Harvey and General through. Quite frankly, it wasn’t really cilities. The postponement of construc- Schoomaker: a problem in the Senate as much as it tion of 250 new homes at the naval base The potential negative effects on oper- was in the other body. We tried very in Guam and the Marine Corps logistics ational readiness cannot be overemphasized; hard. We talked with a number of peo- base in Barstow, CA, are just some of the Army’s ability to prosecute the Global ple and were unable to get that bill the housing needs that will not be able War on Terrorism and to prepare for future done. to be continued. Of course, they will conflicts would be severely hampered. Over the past few years, the military cost more money the longer we put Another letter from Navy Secretary has sought to reshape itself out of a them off. Donald Winter and Marine Corps Com- Cold War footing into a modern, more We opened up some serious shortfalls mandant GEN James T. Conway and modular force. It has tried to reconsti- in our UHF—that is, ultra high fre- ADM Michael G. Mullen:
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To this past Tuesday—suggest that ‘‘there make that assertion, they rely on hy- portunity to get this bill up for consid- are more polar bears in the world now eration. Again, I am concerned about pothetical climate change computer than there were 40 years ago.’’ I have models showing massive loss of ice and all appropriations bills, and a con- to say there are quite a few more, al- tinuing resolution, as far as I am con- irreparable damages in the polar bear’s most twice the number from 40 years habitat. The Service then extrapolates cerned, at least is going to take care of ago. those needs. But the one thing it can- that reasoning to the other 18 popu- The Service estimates that the polar lations of polar bears. There are 19 pop- not do is take care of the military con- bear population is 20,000 to 25,000 bears, struction needs we will have to ad- ulations, 1 of them is in trouble, but whereas in the fifties and sixties, the they use that as the model, and they dress. estimates were as low as 5,000 to 10,000 take that and apply that same extrapo- That bill is S. 113. I look forward to bears, and most of that was due to lation to the other 18 populations of it coming up for consideration. We al- sport hunting at that time, and most of polar bears, making the assumption all ready have, as I mentioned, most mem- that has been banned. bers of the Armed Services Committee A 2002 U.S. Geological Survey study bears in these populations will eventu- cosponsoring this legislation. of wildlife in the Arctic Refuge Coastal ally decline and go extinct. Again, this conclusion is not based f Plain noted that the polar bear popu- lations ‘‘may now be near historic on field data but hypothetical mod- POLAR BEARS highs.’’ eling, and that is considered perfectly Mr. INHOFE. Mr. President, I do not So if the number of polar bears does acceptable scientific evidence under see anyone else in the Chamber right not appear to be in decline, then why the Endangered Species Act. now. I wish to speak on a totally dif- are we considering listing the species That is why it should be changed. I ferent subject. as threatened? Because the Endangered don’t believe our Federal conservation Up until I guess today, turnover day, Species Act is broken. It needs to be policy should be dictated by hypo- as the Presiding Officer knows, I have fixed. We tried to fix it for the past 4 thetical computer projections because chaired the Environment and Public years. We have been unable to reach a the stakes of listing a decision under Works Committee for 4 years. I have consensus. ESA could be extremely high. The list- enjoyed that very much. I will be turn- The ESA allows the Fish and Wildlife ing of the polar bear is no exception. ing that over now to Senator BARBARA Service to list the entire range of polar The ESA is the most effective Federal BOXER. We will still be working very bears as threatened and thereby extend tool to usurp local land use control and closely together. a wide array of regulatory restrictions undermine private property rights. As One thing that happened a few days to them and their habitat despite the landowners and businesses have known ago that I think is worth getting on dearth of data and a lack of scientific for decades, when you want to stop a the record and talking about a little evidence that polar bears are, indeed, development project or just about any bit, because this is something which is in trouble. other activity, find a species on that The law also allows for the Fish and going to come up in our discussions in land to protect and things will slow Wildlife Service to justify its proposal that committee, is, as you probably no- down and many times they stop. It on a sample from a single population in ticed, Mr. President, the U.S. Fish and could be the bearing beetle, the Arkan- western Hudson Bay in Canada where Wildlife Service recently took some ac- sas shiner, and now it could be the the populations have decreased by 259 tion to begin formal consideration of polar bear. This is because section 7 of polar bears in the last 17 years. Stop whether to list the polar bear as a the ESA requires that any project that and think about this. This is the west- threatened species under the Endan- involves the Federal Government in ern Hudson Bay in Canada, 1 of 19 sites. any way must meet the approval of the gered Species Act. Over the next year, This is the one which is the most se- they are going to be working on this Fish and Wildlife Service before the vere. project can move forward. The Federal issue, making a determination as to The population has decreased by 259 Government’s involvement in the whether the listing should take place. polar bears in the last 17 years; how- project can take the form of a Federal So right now we are starting that 1- ever, the figures that the International grant, an environmental permit, a year period. Union of Conservation of Nature and grazing allotment, a pesticide registra- The question the Service has to an- Natural Resources says that 234 bears tion or land development permit or a swer is this: Is there clear scientific have been killed in the last 5 years number of other documents. The law evidence that the current worldwide alone. If you figure that 234 have been requires that Fish and Wildlife inter- polar bear population is in trouble and killed in the last 5 years, the total in vene and determine if the project may facing possible extinction in the fore- the last 17 years is 259, you have to as- affect an endangered or threatened spe- seeable future? As the Service reviews sume that more than the 259 were actu- the issue over the next year, I am con- ally shot. Ironically, Canada now is lib- cies. fident they will conclude, as I have, eralizing a lot of their hunting in that So in the case of the polar bear list- that listing the polar bear is unwar- area, and it is going to allow more ing, oil and gas exploration in Alaska, ranted at this time. hunting. This is something they need which accounts for 85 percent of the In the proposal, the Fish and Wildlife to address. State’s revenue and 25 percent of the Service acknowledges that for 7 of the At this point, I would like to say that Nation’s domestic oil production, is 19 worldwide polar bear populations— while I support hunting as a general immediately called into question. this is very significant. There are 19 matter, we need to fully understand its Likewise, the State’s shipping, high- populations worldwide for the polar impact on the polar bear population be- way construction or fishing activities bear. For seven of those populations, fore we blame global warming for will also be subject to Federal scrutiny the Service has no population trend changes in bear population. I already under section 7. data of any kind. For more than a said we can document pretty well—sci- Furthermore, because the Fish and third of the known populations out entifically it is documented—that the Wildlife Service has linked the icefloe there, we don’t have any information. number of bears has actually increased habitat concerns of polar bears to glob- The other data suggests that for an ad- except in areas where hunting is more al climate change, all kinds of projects ditional five polar bear populations, prevalent. around the country could be chal- the number of bears is not declining I think there are a lot of people who lenged. Some would say this isn’t pos- but is stable. Two more of the bear want to somehow insert global warm- sible or that I am exaggerating. But if
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S25 you take the ESA to its logical conclu- Mr. Taylor tells us that in many parts of and S. 155) are located in today’s sion, which is certain to be done by en- Canada, ‘‘polar bears are very abundant and RECORD under ‘‘Statements on Intro- vironmental special interest groups, productive. In some areas, they are overly duced Bills and Joint Resolutions.’’) any activity that allegedly affects cli- abundant. I understand that people not liv- ing in the North generally have difficulty f mate change or greenhouse gas emis- grasping the concept of too many polar sions, they have to be evaluated and RESTORING FISCAL DISCIPLINE bears, but those who live here have a pretty ACT OF 2007 approved by Fish and Wildlife for its good grasp of what that is like.’’ Those cud- effect on the icefloes on which polar dly white bears are the Earth’s largest land Mr. CONRAD. Mr. President, on this bears depend. Thus, this proposal could carnivores. very first day of the first session of the be the ultimate assault on local land There is no doubt that higher tempera- 110th Congress, I am proud to intro- use decisionmaking and suppression of tures threaten polar bear habitat by melting duce, with Majority Leader REID, the private property rights to date. sea ice. Mr. Kempthorne also says he had lit- Restoring Fiscal Discipline Act of 2007. So it is important that we take the tle choice because the threshold for trig- By including this act in our top 10 leg- gering a study under the Endangered Species next year to gather information, to Act is low. The Bush Administration was islative priorities, Democrats are send- make sure it is logical science, and sued by the usual environmental suspects to ing a message. We are saying to the that our decisions are science based. make this decision, which means that Inte- Nation that it is time to restore fiscal Again, the Wall Street Journal of this rior will now conduct a year-long review be- discipline in Washington. past Wednesday—not Tuesday—has an fore any formal listing decision is made. Unfortunately, we are inheriting a article where they go through and doc- Nonetheless, the bears seem to have sur- fiscal mess. It is a fiscal mess of his- ument very well, very succinctly, that vived despite many other severe warming toric proportion. The head of the Gov- we are not having a problem in losing and cooling periods over the last few thou- ernment Accountability Office, Gen- sands of years. Polar bears are also protected this population. In fact, it is actually from poaching and environmental damage by eral Walker, has told us: growing. So I ask unanimous consent the Marine Mammal Protection Act, so there The U.S. Government is on an imprudent to include the Wall Street Journal edi- is little extra advantage to the bears them- and unsustainable fiscal path. torial in its entirety. selves from an ‘‘endangered’’ classification. General Walker is right. General The PRESIDING OFFICER. Without All of which suggests that the real story Walker is the head of the Government objection, it is so ordered. here is a human one, namely about the poli- Accountability Office. He is the person There being no objection, the mate- tics of global warming. Once a plant or ani- responsible for reporting to Congress mal is listed under the Endangered Species rial was ordered to be printed in the on our fiscal condition, and he is warn- RECORD, as follows: Act, the government must also come up with an elaborate plan to protect its habitat. If ing us of the serious course correction [From the Wall Street Journal, Jan. 3, 2007] the polar bear is endangered by warmer tem- that is required. As General Walker has POLAR BEAR POLITICS—USING AN ‘‘ENDAN- peratures, then the environmentalist de- said, and as I agree, the fact is that our GERED’’ SPECIES TO CHANGE ENERGY POL- mand will be that the government do some- budget outlook is far worse than what ICY. thing to address that climate change. Faster has been claimed. The increase in debt Unless you’ve been hibernating for the than you can say Al Gore, this would lead to winter, you have no doubt heard the many in 2006 is far greater than the reported lawsuits and cries in Congress demanding deficit. alarms about global warming. Now even the federal mandates to reduce greenhouse gas Bush Administration is getting into the act, emissions. It is very interesting how the media at least judging from last week’s decision by Think we’re exaggerating? No sooner had reports these things to the American Interior Secretary Dirk Kempthorne to rec- Mr. Kempthorne announced his study than people. They say to the American peo- ommend that the majestic polar bear be list- Kassie Siegel of something called the Center ple that the deficit last year was $248 ed as ‘‘threatened’’ under the Endangered for Biological Diversity told the New York billion. That is true. What they do not Species Act. The closer you inspect this deci- Times that ‘‘even this Administration’’ tell the American people, what is not sion, however, the more it looks like the tri- would not be able to ‘‘write this proposal said, is the debt last year increased by umph of politics over science. without acknowledging that the primary $546 billion—almost $300 billion more ‘‘We are concerned,’’ said Mr. Kempthorne, threat to polar bears is global warming and that ‘‘the polar bears’ habitat may literally without acknowledging the science of global than the stated deficit. This is an ut- be melting’’ due to warmer Arctic tempera- warming.’’ Her outfit was one of those who terly unsustainable course. To add al- tures. However, when we called Interior had sued the feds in the first place over the most $550 billion of debt in 1 year after spokesman Hugh Vickery for some elabo- polar bears, notwithstanding its location in having done about that amount each of ration, he was a lot less categorical, even a the frozen tundra of Arizona. But no matter. the last 5 years has put us on a course tad defensive. The ‘‘endangered’’ designation For want of a few hundred polar bears, the that is utterly unsustainable. It fun- is based less on the actual number of bears in entire U.S. economy could be vulnerable to damentally threatens America’s eco- Alaska than on ‘‘projections into the fu- judicial dictation. ture,’’ Mr. Vickery said, adding that these With that much at stake, Mr. Kempthorne nomic security. ‘‘projection models’’ are ‘‘tricky business.’’ could have shown a stiffer backbone in re- Read the reports. Yesterday and Apparently so, because there are in fact sisting this political pressure. At the very today in the national newspapers you more polar bears in the world now than there least he now has an obligation to ensure that saw stories about the declining value of were 40 years ago, as the nearby chart shows. Interior’s year-long study be based on real the dollar. The dollar has been in a The main threat to polar bears in recent dec- science and the actual polar bear population, deep slide for 3 months. There are re- ades has been from hunting, with estimates rather than rely on computer projections. ports of countries, one after another, as low as 5,000 to 10,000 bears in the 1950s and Any government decision to limit green- 1960s. But thanks to conservation efforts, announcing that they intend to diver- house gases deserves to be debated in the sify their investments out of dollar-de- and some cross-border cooperation among open, where the public can understand the the U.S., Canada and Russia, the best esti- consequences, not legislated by the back nominated securities. There is a mes- mate today is that the polar bear population door via the Endangered Species Act. sage here to all of us—a warning, a is 20,000 to 25,000. warning of America’s preeminent posi- It also turns out that most of the alarm Mr. INHOFE. Mr. President, I yield the floor and suggest the absence of a tion in the financial world being over the polar bear’s future stems from a sin- threatened. It is being threatened by a gle, peer-reviewed study, which found that quorum. the bear population had declined by some The PRESIDING OFFICER. The mountain of debt. 250, or 25 percent, in Western Hudson Bay in clerk will call the roll. I have tried to put into visual terms the last decade. But the polar bear’s range is The assistant legislative clerk pro- how dramatically the change in debt far more extensive than Hudson Bay. A 2002 ceeded to call the roll. has been in just the last few years. U.S. Geological Survey of wildlife in the Arc- Mr. BUNNING. Mr. President, I ask When this President came to office, tic Refuge Coastal Plain concluded that the unanimous consent that the order for after his last full year, the debt stood ice bear populations ‘‘may now be near his- the quorum call be rescinded. at $5.8 trillion. We do not hold him re- toric highs.’’ One of the leading experts on The PRESIDING OFFICER. Without sponsible for his first year because ob- the polar bear, Mitchell Taylor, the manager viously he was operating under the of wildlife resources for the Nunavut terri- objection, it is so ordered. The Senator tory in Canada, has found that the Canadian from Kentucky is recognized. budget of the previous administration. polar bear population has actually creased Mr. BUNNING. I thank the Chair. But look what has happened since. The by 25 percent—to 15,000 from 12,000 over the (The remarks of Mr. BUNNING per- debt has skyrocketed to $8.5 trillion. If past decade. taining to the introduction of (S. 154 the President’s course is pursued, over
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It circumscribes which has been at the top of my agenda nize the fundamental threat to our eco- Senators’ rights. It restricts their abil- since November of 1998 when stem cells nomic security caused by these budget ity to offer amendments. It sets a were first exposed. Within 10 days, in policies. We must change course. strict time limit on debate. The only December 1998, the Appropriations Sub- The result of this rising debt is that reason those procedures were ever committee on Labor, Health, Human increasingly we are borrowing the adopted in this body—the only reason— Services and Education held the first funds to float this boat from abroad. In was to reduce budget deficits. Unfortu- hearing to explore the potential of em- 2005, our country borrowed 65 percent nately, over the last 6 years those spe- bryonic stem cell research. In the in- of all the money that was borrowed in cial procedures have been used to in- tervening years the subcommittee has the world by countries. Let me repeat crease deficits, not to reduce deficits. held some 19 hearings exploring this that. In 2005, our Nation borrowed 65 That stood the whole rationale for rec- issue in some great detail. percent of all the money that was bor- onciliation on its head. The Specter-Harkin bill was passed rowed by countries in the world. The It is time for us to go back to the last year, vetoed by the President, and second biggest borrower was Spain. reconciliation process that was in- the bill is back before the Congress this They borrowed one-tenth as much. tended and only use those extraor- year where it may be possible to over- As we look back, this is a historic dinary procedures for reducing deficits, ride a Presidential veto. That depends time with great challenges. The ques- not for increasing them. upon how much public support there tion before this body and the Congress (Mrs. MURRAY assumed the Chair.) is—really, how much public clamor of the United States and this President Mr. CONRAD. I note the very distin- there is—for this legislation to be en- will be whether we are honest with the guished Member of the Senate, the acted. American people about the extent of Senator from the State of Washington Embryonic stem cells have the poten- our financial problems. This is a mo- and a member of the Senate Budget tial to replace diseased cells. They are ment of testing. Will we be honest? Committee, who understands full well a veritable fountain of youth. They Will we be truthful? Will we make the the subject we are discussing today and have enormous potential in Parkin- tough choices that are required? the critical need for our Nation to re- son’s, Alzheimer’s, cancer, heart dis- In the last 5 years, foreign holdings turn to a more sound fiscal course. ease, and almost all of the known mal- of our debt have doubled. In other I offer this measure today to restore adies. I don’t know of any malady words, it took 42 Presidents 224 years fiscal discipline. I ask my colleagues to where they are not a potential for a to run up $1 trillion of U.S. debt held bring their ideas to the Senate floor. cure because the cells in a person’s abroad. That amount has more than You have my commitment as the in- body become diseased, and if the em- doubled in just the last 5 years. This is coming chairman of the Senate Budget bryonic stem cell can replace the dis- a course that cannot be sustained. It Committee to do my level best to bring eased cell, there is a potential for a must be changed. our country back. Our country needs us cure. I come to the floor today to offer an now. Our country needs us to be truth- There is opposition to this legislation important measure, a measure to re- ful and honest and to work together. on the ground that it would destroy store fiscal discipline, by reimposing I felt, in the Senate Chamber this life. That is factually not correct be- the pay-go rule that was so effective in morning, a new spirit, a new sense of cause there are some 400,000 embryos the 1990s at helping us get back on possibility—perhaps the chance that created for in vitro fertilization which track after the record deficits of the we can come together in a way that are going to be destroyed. When the 1980s. would make us all proud. issue was raised about destroying a We know that pay-go works. It was I very much hope we seize that op- life, the subcommittee took the lead instrumental in our turning deficits portunity. I look forward to working and appropriated $2 million to facili- into surpluses in the 1990s. The pay-go with my colleagues to achieve that re- tate adoptions. There have only been rule says simply this: If you want more sult. about 100 adoptions in the past several tax cuts you have to pay for them. If I yield the floor and suggest the ab- years, so there is no doubt that using you want new mandatory spending you sence of a quorum. some of these embryonic stem cells have to pay for it. If you do not pay for The PRESIDING OFFICER. The will not destroy life because they will it, you have to muster a supermajority clerk will call the roll. not be used to create life. If there were vote on the floor of the Senate for The legislative clerk proceeded to any chance they would create life, I more tax cuts or new mandatory spend- call the roll. would not consider utilizing them for ing to go forward. Mr. SPECTER. Madam President, I medical research. That is a good rule, but it will not ask unanimous consent that the order When the alternative is to throw solve the problem. No one should over- for the quorum call be rescinded. them away or to use them, it seems to promise. No one should overstate. It is The PRESIDING OFFICER. Without me a clear choice to utilize them to going to take serious, consistent dis- objection, it is so ordered. save lives and fight disease. That is the cipline on spending, on revenue, and on f thrust of this legislation. entitlement reform for us to truly f make progress. REINTRODUCTION OF In the joint caucus this morning, the LEGISLATION PRESIDENTIAL SIGNING leadership called on all of us to set Mr. SPECTER. Madam President, on STATEMENTS aside partisanship to make genuine the first day of the 110th Congress, it is Mr. SPECTER. Madam President, progress. This is going to be an area in an appropriate occasion to reintroduce moving now to the issue of signing which we have that opportunity. We legislation which was introduced in the statements: I had introduced legisla- have a window of opportunity, before 109th Congress which was not enacted. tion in the 109th Congress to provide we get into the next election cycle, to I have a number of legislative pro- standing to the Congress to go to court face up to these fiscal challenges. One posals to introduce today and to dis- when the President issues signing part of a successful strategy is to reim- cuss. statements which, in effect, cherry- pose the pay-go discipline. It is not the (The remarks of Mr. SPECTER per- picked the provisions in the legislation only thing, but it is a beginning. taining to the introduction of S. 185, S. he liked and disregarded the provisions In addition to reestablishing the pay- 186, and S. 187 are located in today’s in the legislation he disliked. go rule, the legislation I am offering RECORD under ‘‘Statements on Intro- That kind of a proceeding, in my today prohibits the use of the fast- duced Bills and Joint Resolutions.’’ view, is unconstitutional because the
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S27 Constitution says that we present a body’s most important responsibilities; Leahy. Working together, I believe we can bill to the President; he either signs it namely, our responsibility to provide advice avoid some of the acrimony that has or vetoes it. His veto is subject to over- and consent on the President’s judicial nomi- poisoned the nominations process in recent ride on a two-thirds vote. But, the nations. years. At the outset, I would like to take a few In fact, I want to give Senator LEAHY a President cannot pick and choose moments to remind my colleagues of the Ju- good bit of credit. He worked cooperatively among the provisions of the act. diciary Committee’s success during the last with us to ensure that nominees were moved When we passed the PATRIOT Act, Congress in moving the President’s judicial during the 109th Congress. There were times there were some provisions very care- nominees through the confirmation process when our friends across the aisle could sty- fully negotiated as to congressional in a timely manner. mie our efforts to process nominees, but Sen- oversight. No objection had been raised During the last Congress, the Senate con- ator LEAHY worked with me to enable the firmed 54 Article III judges, including the by the Department of Justice in our Senate to carry out its constitutional re- Chief Justice of the United States, an Asso- sponsibilities. discussions as we negotiated about the ciate Justice of the Supreme Court, 16 Court That is why I am troubled by recent sug- bill. And then, when the President of Appeals judges, 35 District Court judges, gestions that it is appropriate to dramati- signed the bill, the President specifi- and one Court of International Trade judge. cally slow the confirmation process during cally said that he would not pay atten- The Senate could have, and I believe should the last two years of a president’s term. Our tion to those provisions if he felt that have, confirmed 13 more District Court Constitutional duties remain, despite the his Executive power would be impinged nominees before the conclusion of the last fact that we are now beginning a Presi- Congress. All of these qualified men and dential election cycle. Past Congresses have upon. If he disagreed with the provi- women were favorably reported by the Judi- sions, he should have told us before we been very productive on judicial nomina- ciary Committee without a single dissenting tions during Presidential elections cycles legislated. vote. Many of them are nominated to vacan- and we should be as well. Similarly, in the McCain Anti-Tor- cies that have been deemed judicial emer- The record shows that the Senate has con- ture legislation, which passed the Sen- gencies. I hope we can promptly move to firmed numerous nominees during the last ate 90 to 9, a compromise was struck confirm all of these men and women in the two years of every modern president’s term between the White House and Senator new Congress. Failure to do so will continue in office. For example, in the last two years MCCAIN. And here again, the Presi- to delay justice in courts from Pennsylvania of the Carter Administration, the Senate dent’s signing statement seems to un- to California. I have asked my friend and confirmed 44 Circuit Court nominees and 154 new Judiciary Committee Chairman Senator dermine the compromise that was District Court nominees. LEAHY to place these nominees on our Com- During the last two years of the Reagan struck. mittee’s very first executive business meet- Administration, the Senate confirmed 17 Cir- I am not going to reintroduce the ing. I am happy to report that he has agreed cuit Court nominees and 66 District Court legislation now because we are dis- to do so. nominees. cussing some modifications with some I remind my colleagues that at the begin- During the last two years of the George of my Senate colleagues, and I am ning of the last Congress judicial confirma- H.W. Bush Administration, the Senate con- going to defer for a brief period of time tions, particularly to the Circuit Courts, firmed 20 Circuit Court nominees and 100 were at a virtual standstill with many nomi- District Court nominees. to see if we can get additional cospon- nees subject to filibusters. Much of the de- During the last two years of the Clinton sors. bate in this chamber during the first months Administration, the Senate confirmed 15 Cir- f of the 109th Congress involved whether or cuit Court nominees and 57 District Court JUDICIAL NOMINATIONS not to invoke the so-called ‘‘Constitutional nominees. Option,’’ whereby the rules of the Senate In many of these cases the Senate was con- Mr. SPECTER. Madam President, fi- would be altered to allow for a vote on Cir- trolled, sometimes by a substantial margin, nally, a brief comment on judicial cuit Court nominees. Thankfully, the Senate by a different party than that which con- nominations. During the course of the managed to avert a major showdown over trolled the White House. I see no reason why 109th Congress, the Senate confirmed this debate and instead confirmed highly this Senate should not be at least as produc- tive as the Republican controlled Senate two Supreme Court Justices, Chief Jus- qualified nominees to the Courts of Appeals, several of whom had been pending for many which confirmed 15 Circuit Court nominees tice Roberts and Justice Alito, 16 Court years. These included Priscilla Owen (pend- during President Clinton’s final two years in of Appeals judges, 35 District Court ing since 2001); Janice Rogers Brown (pend- office. judges, and 1 Court of International ing since 2003); Bill Pryor (pending since I would also like to address what has been Trade judge. At the close of the 109th 2003); and Brett Kavanaugh (pending since called the ‘‘Thurmond Rule.’’ Some have Congress, there were 13 District Court 2003). suggested that this so-called rule holds that nominees on the Executive Calendar, So in the last Congress we managed to the Senate should dramatically curtail con- but were held up on a technicality. move to a vote on many long languishing firmations after the spring of a presidential election year. Review of the historical record I am pleased to say that Senator nominees. We also moved expeditiously on new.nominations. It was my practice as suggests that this rule is more myth than re- LEAHY advised me earlier today he is Chairman to schedule a prompt hearing on ality. going to put those 13 nominees on the every judicial nomination as soon as all nec- It does not appear that Senator Thurmond, first executive session of the Judiciary essary materials were received and the nomi- for whom the purported rule is named, ever Committee next week, so they will be nee was prepared to move forward. Once publicly asserted that nominations should be confirmed. There was no objection given a hearing, every nominee was placed delayed due to an impending presidential raised to them in the last Congress, ex- promptly on the Committee’s agenda for election. The only comment that could be so cept they were tied up on a concern consideration. I believe our practice, while construed was made after the Committee ap- proved ten nominees at a September 17, 1980 raised by one Senator about a nominee avoiding unnecessary delay, also ensured that each nomination was thoroughly vetted markup. He stated, ‘‘[L]et me make the for the Western District of Michigan. so that the Senate had the information it point [that] the Minority has tried to be In the last Congress, we were also needed to come to a vote. more than fair in considering all of the able to confirm a number of judges— In short, the Judiciary Committee and the nominees that have appeared before this circuit judges, who have been held up Senate, by following regular order, carried Committee. I would remind [the Committee] for a long period of time: Priscilla out our Constitutional responsibilities. As a it is just about six weeks before the election, Owen, pending since 2001; Janice Rog- result, the federal court vacancy rate fell to and I want to say that for a year and a half ers Brown, pending since 2003; William as low as 4.8% during my tenure as Chair- before the last election, there was no action man. This is among the lowest vacancy rates taken on judges when we had a Republican Pryor, pending since 2003; Brett in the last 20 years. Unfortunately, in part President.’’ However, because Senator Thur- Kavanaugh, pending since 2003. because of our failure to confirm the 13 dis- mond used this as a point of contrast, the I ask unanimous consent that my full trict court nominees late in the last Con- natural implication seems to be that he con- statement be printed in the RECORD at gress, the vacancy rates have increased dur- sidered blocking nominations in the lead up the conclusion of these extempo- ing the fall and winter. to an election unfair. raneous remarks. I cite this recent history and these statis- The fact of the matter is that the Senate There being no objection, the mate- tics as examples of what can be done in this has regularly confirmed judges in presi- rial was ordered to be printed in the body when we work hard and put fairness dential election years. In the election year of ahead of partisanship. I committed myself to 1980, when it is asserted Senator Thurmond RECORD, as follows: this principle as Chairman of the Judiciary inaugurated the so-called rule, the Senate JUDICIAL NOMINATIONS Committee and I am hopeful we can continue confirmed ten Circuit Court nominees and 53 Mr. SPECTER. Madam President, I seek to work in this vein during the 110th Con- District Court nominees. Several of the Cir- recognition today, to discuss one of this gress under the Chairmanship of Senator cuit Court nominations were high profile
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The purpose for the meeting was Senate confirmed four Circuit Court nomi- the absence of any other Senator on nees and 15 District Court nominees, includ- to begin this new Congress thinking ing then-ACLU General Counsel Ruth Bader the floor, I suggest the absence of a about something that we have tended Ginsburg, who was confirmed June 18, 1980. quorum. to forget in recent months and even, I After September 1, 1980, the Senate con- The PRESIDING OFFICER. The would say, years, and that is the degree firmed two more Circuit Court nominees and clerk will call the roll. to which Senators had in the past eleven District Court nominees. The first The legislative clerk proceeded to worked together to get the people’s Circuit Court nominee, Stephen Reinhardt of call the roll. business done. the Ninth Circuit, who is now thought to be Mr. LEAHY. Madam President, I ask Unlike under the rules of the House one of nation’s most liberal jurists, was con- unanimous consent that the order for of Representatives in which the major- firmed on September 11, 1980. the quorum call be rescinded. More remarkable is the second Circuit ity pretty much rules and the minority Court nominee, that of Stephen Breyer to The PRESIDING OFFICER. Without has very little power, in the Senate the the First Circuit. Justice Breyer was then objection, it is so ordered. minority and the majority must work Senator Kennedy’s Chief Counsel. He was Mr. LEAHY. Madam President, what together to get anything done because nominated by President Carter on November is the parliamentary situation? of the rules. With a 51–49 division right 13, 1980, after Carter had lost the election to The PRESIDING OFFICER. The Sen- now, it is obvious that this body is al- Ronald Reagan. The Senate, which was also ate is in morning business, with Sen- most equally divided and that under about to switch party control, held a swift ators permitted to speak therein for up confirmation hearing and voted to confirm our rules we are going to have to work to 10 minutes. very well together to get anything Breyer on December 9, 1980. The Senator from Vermont is recog- The presidential election year of 1980 was done. not an aberration, the pattern continued in nized. In the past there has been—and I subsequent election years. In 1988, President Mr. LEAHY. I thank the Chair. would say leading up to the last elec- Reagan’s last year in office, the Senate con- (The remarks of Mr. LEAHY are print- tion—a special amount of politicking firmed seven Circuit Court nominees and 33 ed in today’s RECORD under ‘‘Morning and of negativity, the sort of ‘‘gotcha’’ District Court nominees. In 1992, President Business.’’) kind of politics that is designed to George H.W. Bush’s last year in office, the Mr. LEAHY. Madam President, I re- score political points; a cynicism, a Senate confirmed eleven Circuit Court nomi- alize I have gone over the appropriate lack of comity. I think we always see nees and 53 District Court nominees. In 2000, time, and I appreciate the Chair not President Clinton’s last year in office, the that a little bit before an election but calling me on it. I felt it much more oppressively in the Senate confirmed eight Circuit Court nomi- I yield the floor, and I suggest the ab- nees and 31 District Court nominees. runup to this last election. Furthermore, many of these presidential sence of a quorum. Someone has pointed out that per- election year confirmations occurred late in The PRESIDING OFFICER (Mrs. LIN- haps with a divided Government now, the year. Since 1980, 110 judges were con- COLN). The clerk will call the roll. in the sense that Democrats control The legislative clerk proceeded to firmed after July 1st of a presidential elec- the Congress and the Republican Party tion year, 17 of those were confirmed to Cir- call the roll. controls the executive branch, actually cuit Courts. In the same period, 63 judges Mr. KYL. Madam President, I ask there may be much less incentive for were confirmed after September 1st of presi- unanimous consent the order for the either side to engage in that kind of dential elections years, twelve of those to quorum call be rescinded. politics and, to the contrary, much Circuit Courts. In short, there does not ap- The PRESIDING OFFICER. Without more incentive for both sides to try to pear to be any historical basis for the so- objection, it is so ordered. called ‘‘Thurmond Rule.’’ The Senate has work with each other to get things confirmed numerous nominees during presi- f done. The reputation of Democratic dential election years, and I expect that with WORKING TOGETHER Senators and Representatives will de- Senator Leahy and I working together, we pend to some extent on how much they will do so again next year. Mr. KYL. Madam President, this has In fact, I think it’s time to move beyond been a good day. It is a day on which can accomplish. They will have to have some of the more acrimonious judicial bat- many of us were sworn in and a day Republican help to accomplish things. tles of the past. I think the country is served that the Senate began again to func- The last 2 years of the Bush Presidency best when the Senate fulfills its constitu- tion in this new 110th Congress. It will depend a great deal on how much tional duty and votes on the President’s began with a rather historic meeting he, working with the Congress, can get nominees. called by the new majority leader, done in these 2 years. He can’t do any- I have called on the White House to con- thing on his own. He has to sign bills sult with Senator Leahy and Leader Reid HARRY REID, in the Old Senate Cham- ber, a place which I explained to my that we pass. So he has to work with during the nomination process. I have also us, meaning that Republicans working worked to ensure that judicial nominees are family is so imbued with the history of with him also have to reach across the afforded prompt consideration and fair treat- the United States and the history of aisle and work with our colleagues in ment by the Judiciary Committee. I plan to the Senate that one cannot but help continue to do that as the Ranking Member the Democratic Party. feel a sense of responsibility, a special I thought some things the Repub- and am confident that under Senator Lea- sense of duty when functioning as a hy’s leadership, our Committee will fairly lican leader, MITCH MCCONNELL, said and expeditiously consider judicial nomi- Senator in that Old Senate Chamber. today were especially appropriate in nees. Frequently there are people there who this regard. I want to close our day Aside from the responsibility the Senate remind us of some of the history to call today, reiterating some of the thoughts has to vote up or down on the President’s on us to try to rise to the same level to he expressed with which I am in total nominees, we cannot forget that these peo- which many of the great Senators in ple, who have agreed to undertake important agreement. He said this: the history of this country rose in the The Senate can accomplish great things government service, have family consider- most difficult and challenging times of ations and professional lives that are often over the next 2 years, but this opportunity adversely impacted when their careers are our country. will surely slip from our grasp if we do not out on hold because of a pending nomination. I believe it was Senator KENNEDY commit ourselves to a restoration of civility We should never forget that these nominees, who reminded us that exactly on this and common purpose. whether a Member decides ultimately to sup- day, at the very beginning of the Civil New Democratic colleague BERNIE port them or not, are deserving of our thanks War, the Senators from the South left SANDERS from Vermont, with whom I for their willingness to undergo this process the Senate Chamber for the last time. served in the House—we got re- and to offer their services to the American They did not meet with the Senate acquainted today—said, Are you enjoy- people. They deserve fair treatment by this thereafter because of the beginning of ing it over here? I hesitated. And he body. I trust that during the 110th Congress the the Civil War, and that is when the laughed. We had a discussion about the Senate will work productively to ensure that Senate moved from the Old Senate fact that it can be very enjoyable when nominees are treated fairly and that judicial Chamber to the Chamber we are now you work together to try to get some- vacancies are filled as soon as possible. I in—here. thing done. You have to work with
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You have to and sacrifice should never be forgotten. coming to work in the morning. And it work together. It was the hope of the SERGEANT JAMES P. MUSACK certainly is better when we go home Republican leader, I am sure, speaking Mr. GRASSLEY. Mr. President, I rise and report to our constituents that we on behalf of the President of the United to pay tribute to SGT James P. were able to get something done. States as well, that we would find ways Musack of Riverside, IA, who trag- I am sure the distinguished majority to work together, Democrats and Re- ically died as a result of a noncombat leader would agree with this comment publicans in this body, to give a fair related incident while serving his coun- that MITCH MCCONNELL made this chance to the President’s nominees. He try in Iraq. I am sure that all Iowans morning. He said: is, after all, elected President. He has shared the same sense of sadness I felt . . . as we open this session, I stake my the authority under the Constitution when learning of the death of this party to a pledge: when faced with an urgent to nominate judges. Our responsibility young Iowa native. According to fam- issue, we will act; when faced with a prob- is to check them out, to hold the hear- ily and friends, he had found his calling lem, we will seek solution, not mere political ings, and to question their qualifica- in the military and all Americans owe advantage. tions but if in fact they are qualified, him our deepest thanks for his service. I think that is the credo all of us to give them a chance to be put on the Everyone joining the military knows pretty well agreed to at the end of that bench with an up-or-down vote. I hope the risks involved, but all Americans very special meeting we had this morn- we could do that for the vast majority are indebted to brave patriots like ing: that we need positive solutions to of the judges the President has nomi- James Musack who voluntarily assume real problems. We need to act in a spir- nated and for the other executive those risks in order to defend our free- it of comity. All of us need to stop the branch nominations of the President as dom and way of life. My prayers go out finger pointing, the negativity, the well. to his mother Yvette, his father Jim, taking advantage for political pur- These are good examples of areas in and all his family and friends. poses, and the setting up of each other which, without cooperation, the Gov- LIEUTENANT COLONEL PAUL J. FINKEN in a way we would fail rather than ernment for the people does not func- Mr. GRASSLEY. Mr. President, I rise finding a way that we can both suc- tion well. So, as we end this day I ask to pay tribute to LTC Paul J. Finken ceed. us to reflect on some of the words of who has given his life for his country In fact, one of our colleagues made a our leaders, HARRY REID and MITCH while serving in Iraq. He was 40 years comment almost exactly to that effect: MCCONNELL, today and our colleagues old. Paul Finken was raised in Earling, We need to both succeed in what we do. in that historic meeting this morning IA, and I know all Iowans share my Since we now have divided Govern- when we talked a good game about re- pride as we also mourn his loss. As a ment, there is an incentive for us to committing ourselves to bipartisan so- career Army officer, Lieutenant Colo- work with each other to do that. lutions to problems, to work on behalf nel Finken had dedicated his life to the There were, of course, some of our of the American people with more com- service of his country and we can never colleagues who reminded us that real- ity in this body, in a way which will thank him enough for his service and istically this would not be easy, that make us feel much better amongst our- his final sacrifice on behalf of our free- there would be a great tendency to slip selves and make our constituents much dom. back into old habits and to fight politi- happier than they are when they see us In remembering Paul Finken, his cally, and we know that to be true. But fighting and bickering all the time. It family said, ‘‘Paul was a devoted hus- there are some things—at least one of is fitting to end this day on that note. band, loving father and respected lead- our colleagues made this point very I commend the majority leader, er. He loved being a soldier and re- strongly—on which we have to act in a HARRY REID. I commend the Repub- spected the soldiers he worked with. He united way and that starts with our na- lican leader, MITCH MCCONNELL, for always set the example and would tional security, meeting this threat of serving as examples for all Members in never ask his soldiers to do anything terrorism. The distinguished Repub- the leadership they exhibited in start- he wouldn’t do himself. He will be lican leader made that point. Among ing the Senate off this way. greatly missed by his family and by all the things he suggested we would have I see the distinguished majority lead- who knew him.’’ My thoughts and to work on, he said: er now. We can conclude this day on prayers are with his wife Jackie and America has not seen a domestic terrorist that high note, giving some hope to the his three daughters, Emilie, Caroline, attack since we committed ourselves to the American people that we are com- and Julia, for their loss. I hope it will global war on terror. That’s not an accident, mitted to working on their behalf for a be of some comfort to them to know some quirk of fate. Rather, it is due to the better future, a better America. that Paul died a hero. hard work of spotting and disrupting threats f f before they strike. Much of that capability was granted HONORING OUR ARMED FORCES COLORADO WEATHER by the Senate and the House and the LANCE CORPORAL CLINTON JON (C.J.) MILLER Mr. ALLARD. Mr. President, I come President in reorganizing our intel- Mr. GRASSLEY. Mr. President, I rise today to discuss the situation in Colo- ligence agencies, reorganizing some of to pay tribute to a fallen soldier from rado and surrounding States that has the laws under which our intelligence Greenfield, IA, LCpl Clinton Jon (C.J.) captured national attention. Over the agencies and law enforcement work. So Miller, who was killed while serving last few weeks Colorado and its neigh- we have helped to keep the American his country as part of an improvised bors have experienced two record-set- people more secure. We should con- explosive device detection team in ting blizzards. In some parts of Colo- tinue that hard work. Iraq. My thoughts and prayers go out rado these storms dropped almost 5 He concluded on this point: to his wife Jackie, his mother Susan, feet of snow and have created a night- Al-qaida is not a threat to Republicans, it his father Kerby, and all his family and mare situation for many in rural is not a threat to Democrats, it is a threat to friends. I am sure I speak for all Iowans America. Thousands of head of cattle America. And the Senate must work to- when I say that I am proud to call C.J. and other livestock are currently gether as we prepare for the long struggle one of us. By all accounts, he was a stranded without food or water. Only ahead. fine marine who felt called to, and recently have some of these animals There were many other issues that liked, military service. Family mem- begun to see relief with supply drops have been discussed, things we can bers say that he joined the Marines via helicopter. work together on, things we are going during wartime because he just felt he The aftermath of these devastating to have to work together on. I close had to serve. Where would our country blizzards continues to paralyze many
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S30 CONGRESSIONAL RECORD — SENATE January 4, 2007 counties in Colorado and the West. As he ends a distinguished career, I school. While at Stanford, she met her Thousands of local men and women would like to take this opportunity to husband, Dr. Calvin Terwilliger. After have banded together and are working thank Tony Zagami for his many years World War II, the couple settled in Mill to provide relief to their neighbors and of public service to our Nation and Valley, California where they raised to the tens of thousands of livestock wish him and his family the very best two children. facing starvation. Dozens of commu- in all future endeavors. Elizabeth took her children on na- nities have experienced severe eco- f ture walks throughout Marin County. nomic damage and loss as a result of Soon, she was leading nature walks for these blizzards. These storms have cre- ADDITIONAL STATEMENTS local Girl Scout and Boy Scout troops. ated a dire situation. Her unique hands-on style and story- In the tradition of the West local in- IN MEMORY OF BRYAN TUVERA telling ability became known through- dividuals have pulled together and out the community and soon she began have spent much of their holiday sea- ∑ Mrs. BOXER. Mr. President, it is leading field trips for area schools and son trying to dig each other out and with a heavy heart that I ask my col- environmental organizations. Leading reach stranded livestock. Locals are leagues to join me today in honoring such trips 5 days a week became her doing all that they can, and I am grate- the memory of a courageous man, Po- life’s work. ful for the assistance that the National lice Officer Bryan Tuvera. Officer For the 50 years that followed, every Guard has provided. Unfortunately Tuvera was a member of the San Fran- child growing up in Marin County more needs to be done. I am intro- cisco Police Department who died in knew Mrs. Terwilliger. She was a fa- ducing legislation today that will help the line of duty on December 23, 2006. mous and beloved educator who trav- provide Federal resources to the back- He was 28 years old. eled across the county in her familiar bone of America; our producers. The Officer Tuvera was a 41⁄2-year veteran van filled with life-like animal models legislation that I introduce today will of the San Francisco Police Depart- to teach school children about nature. reauthorize the Livestock Compensa- ment. He served with distinction and Upon sight of her characteristic floppy tion Program and direct the Secretary received numerous commendations straw hat, children would come run- of Agriculture to allocate funds to it during his tenure. He was shot and ning and follow her through the woods from the Commodity Credit Corpora- killed during the pursuit of an escaped with excitement and adoration. They tion to help eligible producers that convict. He died on the tenth anniver- would soak up her stories and bring have suffered a loss from these bliz- sary of his beloved father’s death, who them home to teach their parents. zards. had worked as a police dispatcher with Those who knew Mrs. Terwilliger I am hopeful that the Senate will act the San Francisco Police Department. well recount her mesmerizing person- swiftly on this important legislation Before joining the San Francisco Po- ality, her passion for nature and wild- that will get vital help to America’s lice Department on July 1, 2002, Officer life, and her openhearted way with farmers and ranchers. Tuvera received his degree in criminal children and adults alike. justice from San Francisco State Uni- f In 1984, President Ronald Reagan versity. He is a 1996 graduate of South honored Mrs. Terwilliger as an out- TRIBUTE TO ANTHONY J. ZAGAMI San Francisco High School. standing volunteer. While accepting Mr. WARNER. Mr. President, I rise Officer Tuvera was married to his the award at the White House, she today in recognition of Anthony J. wife Salina Tuvera 2 months ago. They shared one of her famous stories about ‘‘Tony’’ Zagami, who retired from the had been preparing for their first ‘‘Mr. Vulture,’’ and had President U.S. Government Printing Office, GPO, Christmas together. He is remembered Reagan holding his arms over his head on January 3, 2007. Mr. Zagami has by friends and colleagues as a dedi- in the ‘‘V’’ position, representing a vul- been a true public servant, having cated and professional police officer ture in flight. served over 40 years in Federal service and a good friend who loved his job and In addition to leading nature edu- and earned the distinction as the long- was always a ‘‘class act.’’ cation programs, Mrs. Terwilliger was est serving general counsel in the his- Bryan Tuvera risked his life every an advocate for environmental con- tory of the GPO. day to make San Francisco safer. We servation and open space. She cam- Mr. Zagami started his government will always be grateful for Officer paigned for a monarch butterfly pre- service as a Senate page in the 1960s. Tuvera’s heroic service protecting his serve, bicycle paths, wetlands and open He continued his service to Congress community. space preservation. She received nu- while working his way through college Bryan Tuvera is survived by his wife merous awards and has two preserves and law school. He received his bach- and fellow police officer, Salina named after her: Terwilliger Marsh in elor of science degree from the Univer- Tuvera; his mother Sandy; his sister Mill Valley and Terwilliger Butterfly sity of Maryland School of Business Tracee; and his grandparents Shirley Grove at Muir Beach. and Public Administration, and his and Stanley Scovill.∑ She inspired Joan Linn Bekins to juris doctor from the George Mason f create the Elizabeth Terwilliger Nature University School of Law. Education Foundation, which later be- IN MEMORY OF ELIZABETH After working 25 years in the Con- came known as WildCare. Using edu- TERWILLIGER gress, he left to become the general cational programs developed by Mrs. counsel of the Government Printing Of- ∑ Mrs. BOXER. Mr. President, it is Terwilliger, the center provides nature fice in 1990. The GPO, among other with a heavy heart that I ask my col- programs for over 40,000 Bay Area things, is responsible for producing the leagues to join me today in honoring schoolchildren each year. The center CONGRESSIONAL RECORD. During his the memory of an extraordinary Cali- also treats thousands of wildlife each time at the GPO, he was instrumental fornian, Elizabeth Terwilliger. year, rehabilitating them and return- in transforming it into the modern dig- To the Marin County community, ing them to their natural environment. ital information processing organiza- Elizabeth Terwilliger was a renowned Mrs. Terwilliger often said, ‘‘while tion that it is today. naturalist and educator, beloved by you’re learning, you’re living.’’ Her Throughout his career, both in the schoolchildren and adults, who leaves life’s passion was to teach people how Congress and at the GPO, Mr. Zagami an amazing environmental legacy. She to embrace and love nature. She was a was known for his dedication and com- died on November 27, 2006 at the age of local treasure and a wonderful, inspir- mitment to public service and received 97. She is survived by her daughter ing woman. numerous awards and recognitions for Lynn, her son John, and several grand- I knew Mrs. Terwilliger and re- his achievements. As a tribute to his children. spected and admired her greatly. She outstanding performance, the GPO Elizabeth Cooper was born in Hawaii will be deeply missed. named him General Counsel Emer- in 1909. She moved to the mainland to For those of us who were fortunate to itus—the first time such a title has pursue a master’s degree in nutrition know her, we take comfort in knowing been bestowed upon an individual in from Columbia University in New York that schoolchildren will continue to the GPO’s 145-year history. and then attended Stanford nursing learn from Mrs. Terwilliger’s unique
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S31 educational style at WildCare. Her vi- sities have a lot to offer besides great and the entire university stand as a sion, her passion and her spirit will re- football. Between Boise State, the Uni- testament to what can be accomplished main in the countless lives she versity of Idaho, and Idaho State Uni- with leadership, commitment, deter- touched.∑ versity, Idaho offers tremendous edu- mination, and, most importantly, f cation with a quality of life that can’t teamwork. be beat. As the Nation marvels at the ‘‘hook TRIBUTE TO BETH McWHIRT Boise, Idaho is now on the map of and lateral’’ and ‘‘Statue of Liberty’’ ∑ Mr. BUNNING. Mr. President, I pay millions of college football fans thanks plays that sealed the victory, I con- tribute to Beth McWhirt teacher of so- to our Broncos. To them I say con- gratulate Coach Petersen, President cial studies at Fulton County Schools gratulations and thank you.∑ Bob Kustra, Athletic Director Gene on being named Teacher of the Year by f Bleymaier, the entire team, loyal stu- the Chamber of Commerce in Hickman HONORING 2007 BOISE STATE dents, alumni, and fans on their collec- County, Ky. tive victory which all Idahoans enthu- UNIVERSITY BRONCOS Beth has exhibited a great commit- siastically share. I offer a friendly con- ment to her students at Fulton Middle ∑ Mr. CRAPO. Mr. President, if a foot- dolence to my colleagues from Okla- and Senior High Schools. As a teacher ball victory on New Year’s Day is a homa, and I am confident that their of social studies, Beth is tasked to harbinger of things to come, 2007 looks fine program will continue its tradition mold our Nation’s young citizens to to be a thrilling year marked by suc- of excellence. And I offer this state- understand the history of our great Na- cess and celebration. Most of my col- ment as a friendly notice to my col- tion and the world. Being honored with leagues here know that Boise State leagues from States that are home to this award, Beth sets an example of ex- University won the Tostitos Fiesta traditional college football cellence for the rest of the faculty at Bowl on New Year’s Day. This bowl powerhouses: that thunder you hear is Fulton County Schools. victory completes an undefeated foot- from our charging Broncos. I look for- Mr. President, I now ask my fellow ball season, 13 to 0, thanks to the hard ward to another great season this fall colleagues join me in thanking Beth work, dedication, and love of the game when the Broncos will run again.∑ for her dedication and commitment to by the Boise State football players, f the education of America’s future. In fans, coach Chris Petersen, his staff, order for our society to continue to ad- the athletic department, and the uni- TRIBUTE TO MARVIN VAN vance in the right direction, we must versity administration. They all HAAFTEN have teachers like Beth McWhirt in our worked very hard to reach this remark- ∑ Mr. GRASSLEY. Mr. President, I public schools.∑ able achievement, and they have not would like to take this opportunity to f only my congratulations, but the con- offer my congratulations and gratitude gratulations, of Idahoans and Ameri- to an extraordinary Iowan. Marvin Van RECOGNIZING THE BOISE STATE cans everywhere. Haaften is stepping down from his dis- UNIVERSITY BRONCOS Idaho is home to just over a million tinguished position as director of the ∑ Mr. CRAIG. Mr. President, Today on people and has some surprising secrets, State of Iowa’s Office of Drug Control the first day of the 110th Congress, I not the least of which has been the Policy. He assumed this position after wish to recognize the accomplishment five-time defending Western Athletic being named by Governor Tom Vilsack of the Boise State University Broncos Conference Champion Boise State in 2002 and has served the State with football team this past Monday, Janu- Broncos football team. It is a source of honor and distinction since accepting ary 1, 2007. tremendous pride to see the team make the appointment. College sports have a way of putting national headlines, once again, for I would like to take this opportunity schools, and cities, on the map. For in- Idaho in this incredibly positive man- to show Marvin Van Haaften the appre- stance, George Mason University was ner. The victory that barely eluded ciation that the country, the State of virtually unknown until their basket- them in last year’s MPC Computers Iowa, and myself personally have for ball team catapulted into the national Bowl came riding home and riding his extensive commitment as a public spotlight through March Madness last home hard. The Fiesta Bowl game servant. With more than 32 years of year. However, no sport is more adept against traditional football powerhouse law enforcement experience, Marvin at this than the all-American sport of the University of Oklahoma was col- has taught extensively in the field of football. lege football at its best, and the BSU rural law enforcement, particularly On New Year’s Day, Boise State Uni- players and coaches came through with death investigation and domestic vio- versity battled Oklahoma in the Fiesta some stunning plays. While Boise lence crimes. He has provided local and Bowl. One announcer commented that, dominated the first three-quarters of national leadership on the role of law until today, many of the Oklahoma the game, the Sooners came roaring enforcement in strategic victim safety football players didn’t even know back. The last 2 minutes of the game and offender apprehension, and is pres- where Boise is. Well, Mr. President, were as good as college football gets. ently on the board of directors of the they do now. When the game went into overtime, the National Center for Rural Law En- In what is being described as one of Sooners didn’t waste a play they imme- forcement. Marvin also served on many the most thrilling games in the history diately scored a touchdown to tempo- local and State committees such as the of college bowl games, the Broncos de- rarily take the lead. With the game on Iowa Criminal and Juvenile Justice feated Oklahoma 43 to 42. I can’t begin the line, the Boise State players came Planning Advisory Council, the board to describe to you the enthusiasm of through and scored a touchdown along of the Mid-Iowa Narcotics Enforcement the Bronco fans before, during, and es- with a thrilling two-point conversion Task Force, the board of the 18-county pecially after the game. It was con- to bring the final score to 43 to 42, South Central Iowa Clandestine Lab- tagious. And that is coming from a Boise State. Earlier in 2006, Boise was oratory Task Force, and was the third proud Idaho Vandal. named the eighth most inventive city vice president on the board of directors Idaho is a small State. We haven’t in the Nation. That creativity and in- of the Iowa Association of Counties. had nationally known sports teams. It novation was certainly the Spirit of Marvin was named Sheriff of the year wasn’t too long ago that Boise State Idaho at its best on the field of play at in 1991 by the Iowa State Sheriffs’ and was only known in football circles for crunch time and made this dreamed Deputies’ Association and served as its its blue football field. On the first day Bronco victory a reality. president in 1996. He is also a graduate of 2007, that all changed. The BSU Broncos are committed to of the FBI National Academy and has I am proud of what our Broncos did excellence both on and off the field. attended the National Sheriffs’ Asso- proving to the Nation that Idaho The players take the energy they gen- ciation’s National Sheriffs’ Institute knows how to play football. erate on the field and spread it and the FBI Law Enforcement Execu- With this new notoriety, of course, throughout the community and State. tive Development Institute. In 1997 he comes an opportunity for us to tell the The extraordinary progress and devel- became a licensed Iowa medical exam- country that Idaho’s State-run univer- opment of the BSU football program iner investigator.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S32 CONGRESSIONAL RECORD — SENATE January 4, 2007 Marvin knows firsthand the true MESSAGES FROM THE HOUSE H.R. 6407. An act to reform the postal laws value and significance of a loving fam- of the United States. At 4:04 p.m., a message from the H.R. 6429. An act to treat payments by ily. He has been married to his wife House of Representatives, delivered by Joyce for 42 wonderful years and has charitable organizations with respect to cer- Ms. Niland, one of its reading clerks, tain firefighters as exempt payments. the blessings of 5 grown children and announced that the House has agreed H.J. Res. 101. Joint resolution appointing the joy of 11 grandchildren. It is to H. Res. 1, resolving that Karen L. the day for the convening of the first session through Marvin’s love of family and Haas of the State of Maryland, be, and of the One Hundred Tenth Congress. law enforcement experience that en- is hereby, chosen Clerk of the House of Under the authority of the order of abled him to expose the destruction Representatives, and that Wilson S. the Senate of January 5, 2005, the en- that drug abuse wreaks on families. Livingood of the Commonwealth of rolled bills were signed on December I share my appreciation for Marvin Virginia, be, and is hereby, chosen Ser- 19, 2006, subsequent to the sine die ad- Van Haaften along with my fellow geant at Arms of the House of Rep- journment, by the Acting President pro Iowans for the invaluable service he resentatives, and that James M. Eagen, tempore (Mr. FRIST). has provided to our State and country. III, of the Commonwealth of Pennsyl- Under the authority of the order of He has proven himself to be versatile vania, be, and is hereby, chosen Chief the Senate of January 5, 2005, the Sec- and fully capable of accepting and mas- Administrative Officer of the House of retary of the Senate, on December 19, tering the tasks placed before him. His Representatives, and that Father Dan- 2006, subsequent to the sine die ad- enduring commitment to the safety of iel P. Coughlin of the State of Illinois, journment of the Senate, received a Americans is cause for admiration. be, and is hereby, chosen Chaplain of Again, I offer my congratulations message from the House of Representa- the House of Representatives. and sincere appreciation to Marvin Van tives announcing that the Speaker pro The message also announced that the tempore (Mr. WOLF of Virginia) had Haaften for his remarkable achieve- House has agreed to H. Res. 2, resolving ments throughout his extensive and signed the following enrolled bills: that the Senate be informed that a H.R. 3248. An act to amend the Public highly regarded career. His hard work quorum of the House of Representa- and determination will be missed in Health Service Act to establish a program to tives has assembled, that NANCY assist family caregivers in accessing afford- Iowa and throughout the Nation.∑ PELOSI, a Representative from the able and high-quality respite care, and for f State of California, has been elected other purposes. TRIBUTE TO JUSTIN MINKEL Speaker, and Karen L. Haas, a citizen H.R. 5782. An act to amend title 49, United of the State of Maryland, has been States Code, to provide for enhanced safety ∑ Mr. PRYOR. Mr. President, it is with and environmental protection in pipeline the greatest pleasure that today I elected Clerk of the House of Rep- transportation, to provide for enhanced reli- honor Justin Minkel, a second grade resentatives of the One Hundred Tenth ability in the transportation of the Nation’s teacher at Harvey Jones Elementary Congress. energy products by pipeline, and for other School in Springdale, AR, who was The message further announced that purposes. named a recipient of the 2006 Milken the House has agreed to H. Res. 3, re- H.R. 6342. An act to amend title 38, United States Code, to extend certain expiring pro- Family Foundation National Educator solving that a committee of 2 Members be appointed by the Speaker on the visions of law administered by the Secretary Award. of Veterans Affairs, to expand eligibility for Since the inception of the Milken part of the House of Representatives to join with a committee on the part of the Survivors’ and Dependents’ Educational Foundation National Educator Awards Assistance program, and for other purposes. the Senate to notify the President of Program in 1985, over 2200 outstanding Under the authority of the order of men and women have been named the United States that a quorum of each House has assembled and Congress the Senate of January 5, 2005, the en- Milken Educators. They are honored rolled bills were signed on December with both public recognition and finan- is ready to receive any communication that he may be pleased to make. 20, 2006, subsequent to the sine die ad- cial reward for their exceptional edu- journment, by the Acting President pro cational talent and positive results in The message also announced that the Speaker appoints as members of the tempore (Mr. ALLEN). the classroom. Under the authority of the order of Justin Minkel teaches in a classroom committee on the part of the House to the Senate of January 5, 2005, the Sec- where English is the second language join a committee on the part of the retary of the Senate, on December 27, for the majority of his students. His Senate to notify the President of the 2006, subsequent to the sine die ad- students have flourished under his in- United States that a quorum of each journment of the Senate, received a struction, with nearly a third becom- House has been assembled, and that message from the House of Representa- ing fluent in English. He uses hands-on Congress is ready to receive any com- tives announcing that the Speaker pro experiences to show the relevance of munication that he may be pleased to math concepts, and makes subjects make, the gentleman from Maryland tempore (Mr. DAVIS of Virginia) had signed the following enrolled bills: such as science, social studies and lit- Mr. HOYER and the gentleman from erature more meaningful by associ- Ohio Mr. BOEHNER. H.R. 482. An act to provide for a land ex- ating them with real-world experi- change involving Federal lands in the Lin- f coln National Forest in the State of New ences. He has shared these strategies MESSAGES FROM THE HOUSE RE- Mexico, and for other purposes. with other professionals throughout CEIVED SUBSEQUENT TO SINE H.R. 486. An act to provide for a land ex- his district and has also mentored stu- DIE ADJOURNMENT change involving private land and Bureau of dent teachers from a local university. Land Management land in the vicinity of During the 2007–2008 school year, Mr. Under the authority of the order of Holloman Air Force Base, New Mexico, for Minkel will serve as an ex-officio mem- the Senate of January 5, 2005, the Sec- the purpose of removing private land from ber of the Arkansas State Board of retary of the Senate, on December 19, the required safety zone surrounding muni- Education. He will travel the State 2006, subsequent to the sine die ad- tions storage bunkers at Holloman Air Force providing professional and technical journment of the Senate, received a Base. message from the House of Representa- H.R. 1245. An act to provide for programs assistance to other teachers. to increase the awareness and knowledge of My home State of Arkansas is fortu- tives announcing that the Speaker pro women and health care providers with re- nate to have men and women of Justin tempore (Mr. DAVIS of Virginia) had spect to gynecologic cancers. Minkel’s caliber who devote their lives signed the following enrolled bills and H.R. 4588. An act to reauthorize grants for to providing quality education for our joint resolution: and require applied water supply research re- children. He exemplifies the commit- H.R. 6111. An act to amend the Internal garding the water resources research and ment and energy that will help to build Revenue Code of 1986 to extend expiring pro- technology institutes established under the a brighter future for the generations to visions, and for other purposes. Water Resources Research Act of 1984. come, and I ask my colleagues to join H.R. 6143. An act to amend title XXVI of H.R. 4709. An act to amend title 18, United States Code, to strengthen protections for me in congratulating Justin Minkel on the Public Health Service Act to revise and extend the program for providing life-saving law enforcement officers and the public by receiving the 2006 Milken Family care for those with HIV/AIDS. providing criminal penalties for the fraudu- Foundation National Education Award. H.R. 6344. An act to reauthorize the Office lent acquisition or unauthorized disclosure This is a well deserved honor.∑ of National Drug Control Policy Act. of phone records.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S33 H.R. 4997. An act to extend for 2 years the EC–2. A communication from the Principal ‘‘Boscalid; Pesticide Tolerance’’ (FRL No. authority to grant waivers of the foreign Deputy Associate Administrator, Office of 8107–8) received on December 15, 2006; to the country residence requirement with respect Policy, Economics and Innovation, Environ- Committee on Agriculture, Nutrition, and to certain international medical graduates. mental Protection Agency, transmitting, Forestry. H.R. 5483. An act to increase the disability pursuant to law, the report of a rule entitled EC–12. A communication from the Prin- earning limitation under the Railroad Re- ‘‘Zeta-Cypermethrin; Pesticide Tolerance’’ cipal Deputy Associate Administrator, Office tirement Act and to index the amount of al- (FRL No. 8093–6) received on January 3, 2007; of Policy, Economics and Innovation, Envi- lowable earnings consistent with increases in to the Committee on Agriculture, Nutrition, ronmental Protection Agency, transmitting, the substantial gainful activity dollar and Forestry. pursuant to law, the report of a rule entitled amount under the Social Security Act. EC–3. A communication from the Congres- ‘‘Azoxystrobin; Pesticide Tolerances for H.R. 5946. An act to amend the Magnuson- sional Review Coordinator, Animal and Emergency Exemptions’’ (FRL No. 8100–9) re- Stevens Fishery Conservation and Manage- Plant Health Inspection Service, Department ceived on December 15, 2006; to the Com- ment Act to authorize activities to promote of Agriculture, transmitting, pursuant to mittee on Agriculture, Nutrition, and For- improved monitoring and compliance for law, the report of a rule entitled ‘‘Tuber- estry. high seas fisheries, or fisheries governed by culosis in Cattle and Bison; State and Zone EC–13. A communication from the Prin- international fishery management agree- Designations; Texas’’ (Docket No. APHIS– cipal Deputy Associate Administrator, Office ments, and for other purposes. 2006–0145) received on January 3, 2007; to the of Policy, Economics and Innovation, Envi- H.R. 5948. An act to reauthorize the Committee on Agriculture, Nutrition, and ronmental Protection Agency, transmitting, Belarus Democracy Act of 2004. Forestry. pursuant to law, the report of a rule entitled H.R. 6060. An act to authorize certain ac- EC–4. A communication from the Principal ‘‘Glyphosate; Pesticide Tolerance’’ (FRL No. tivities by the Department of State, and for Deputy Associate Administrator, Office of 8105–9) received on December 15, 2006; to the other purposes. Policy, Economics and Innovation, Environ- Committee on Agriculture, Nutrition, and H.R. 6164. An act to amend title IV of the mental Protection Agency, transmitting, Forestry. Public Health Service Act to revise and ex- pursuant to law, the report of a rule entitled EC–14. A communication from the Prin- tend the authorities of the National Insti- ‘‘Flucarbazone-sodium; Pesticide Tolerance’’ cipal Deputy Associate Administrator, Office tutes of Health, and for other purposes. (FRL No. 8105–6) received on December 15, of Policy, Economics and Innovation, Envi- H.R. 6338. An act to amend title 18, United 2006; to the Committee on Agriculture, Nu- ronmental Protection Agency, transmitting, States Code, to prevent and repress the mis- trition, and Forestry. pursuant to law, the report of a rule entitled use of the Red Crescent distinctive emblem EC–5. A communication from the Congres- ‘‘Metconazole; Pesticide Tolerances for and the Third Protocol (Red Crystal) distinc- sional Review Coordinator, Animal and Emergency Exemptions’’ (FRL No. 8095–4) re- tive emblem. Plant Health Inspection Service, Department ceived on December 15, 2006; to the Com- H.R. 6345. An act to make a conforming of Agriculture, transmitting, pursuant to mittee on Agriculture, Nutrition, and For- amendment to the Federal Deposit Insurance law, the report of a rule entitled ‘‘Importa- estry. Act with respect to examinations of certain tion of Fruits and Vegetables’’ (Docket No. EC–15. A communication from the Prin- insured depository institutions, and for 03–086–3) received on December 15, 2006; to cipal Deputy Associate Administrator, Office other purposes. the Committee on Agriculture, Nutrition, of Policy, Economics and Innovation, Envi- and Forestry. ronmental Protection Agency, transmitting, Under the authority of the order of EC–6. A communication from the Principal pursuant to law, the report of a rule entitled the Senate of January 5, 2005, the en- Deputy Associate Administrator, Office of ‘‘Myclobutanil; Pesticide Tolerance’’ (FRL rolled bills were signed on January 3, Policy, Economics and Innovation, Environ- No. 8105–1) received on December 15, 2006; to 2007, subsequent to the sine die ad- mental Protection Agency, transmitting, the Committee on Agriculture, Nutrition, journment, by the Acting President pro pursuant to law, the report of a rule entitled and Forestry. tempore (Mr. STEVENS). ‘‘Pesticide Tolerance Nomenclature Changes; EC–16. A communication from the Sec- Technical Amendment’’ (FRL No. 8064–3) re- retary of Defense, transmitting, pursuant to f ceived on December 15, 2006; to the Com- law, a report on the approved retirement of MEASURE HELD AT THE DESK mittee on Agriculture, Nutrition, and For- Vice Admiral Justin D. McCarthy, United estry. States Navy, and his advancement to the The following measure was submitted EC–7. A communication from the Execu- grade of vice admiral on the retired list; to and ordered held at the desk: tive Director, Commodity Futures Trading the Committee on Armed Services. Commission, transmitting, pursuant to law, EC–17. A communication from the Prin- S. Res. 19. A resolution honoring President the report of a rule entitled ‘‘Financial Re- cipal Deputy Assistant Secretary, Depart- Gerald Rudolph Ford. porting Requirements for Introducing Bro- ment of the Army, transmitting, pursuant to f kers’’ (RIN3038–AC34) received on December law, a report relative to the number of Army 14, 2006; to the Committee on Agriculture, National Guard and Reserve Soldiers ad- MEASURES READ THE FIRST TIME Nutrition, and Forestry. versely affected by the disparate treatment The following bills were read the first EC–8. A communication from the Principal of Army Incentive Pay; to the Committee on time: Deputy Associate Administrator, Office of Armed Services. Policy, Economics and Innovation, Environ- EC–18. A communication from the Com- S. 1. A bill to provide greater transparency mental Protection Agency, transmitting, mander, Army Claims Service, Department in the legislative process. pursuant to law, the report of a rule entitled of Defense, transmitting, pursuant to law, S. 2. A bill to amend the Fair Labor Stand- ‘‘Fluroxypyr; Pesticide Tolerance’’ (FRL No. the report of a rule entitled ‘‘Claims Against ards Act of 1938 to provide for an increase in 8107–7) received on December 15, 2006; to the the United States’’ (RIN0702–AA54) received the Federal minimum wage. Committee on Agriculture, Nutrition, and on December 15, 2006; to the Committee on S. 5. A bill to amend the Public Health Forestry. Armed Services. Service Act to provide for human embryonic EC–9. A communication from the Principal EC–19. A communication from the Com- stem cell research. Deputy Associate Administrator, Office of mander, Army Claims Service, Department S. 113. A bill to make appropriations for Policy, Economics and Innovation, Environ- of Defense, transmitting, pursuant to law, military construction and family housing mental Protection Agency, transmitting, the report of a rule entitled ‘‘Claims on Be- projects for the Department of Defense for pursuant to law, the report of a rule entitled half of the United States’’ (RIN0702–AA55) re- fiscal year 2007. ‘‘Extension of Tolerances for Emergency Ex- ceived on December 15, 2006; to the Com- f emptions (Multiple Chemicals)’’ (FRL No. mittee on Armed Services. 8105–4) received on December 15, 2006; to the EC–20. A communication from the Under EXECUTIVE AND OTHER Committee on Agriculture, Nutrition, and Secretary of Defense, transmitting, pursuant COMMUNICATIONS Forestry. to law, five quarterly Selected Acquisition EC–10. A communication from the Prin- The following communications were Reports for the quarter ending September 30, cipal Deputy Associate Administrator, Office 2006; to the Committee on Armed Services. laid before the Senate, together with of Policy, Economics and Innovation, Envi- EC–21. A communication from the Direc- accompanying papers, reports, and doc- ronmental Protection Agency, transmitting, tor, Defense Procurement and Acquisition uments, and were referred as indicated: pursuant to law, the report of a rule entitled Policy, Department of Defense, transmit- EC–1. A communication from the Principal ‘‘Dimethomorph; Pesticide Tolerance’’ (FRL ting, pursuant to law, the report of a rule en- Deputy Associate Administrator, Office of No. 8104–6) received on December 15, 2006; to titled ‘‘Labor Reimbursement on Depart- Policy, Economics and Innovation, Environ- the Committee on Agriculture, Nutrition, ment of Defense Non-Commercial Time-and- mental Protection Agency, transmitting, and Forestry. Materials and Labor-Hour Contracts’’ pursuant to law, the report of a rule entitled EC–11. A communication from the Prin- (DFARS Case 2006–D030) received on Decem- ‘‘Fluthiacet-methyl; Pesticide Tolerance’’ cipal Deputy Associate Administrator, Office ber 15, 2006; to the Committee on Armed (FRL No. 8108–8) received on January 3, 2007; of Policy, Economics and Innovation, Envi- Services. to the Committee on Agriculture, Nutrition, ronmental Protection Agency, transmitting, EC–22. A communication from the Direc- and Forestry. pursuant to law, the report of a rule entitled tor, Defense Procurement and Acquisition
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S34 CONGRESSIONAL RECORD — SENATE January 4, 2007 Policy, Department of Defense, transmit- EC–33. A message from the President of the pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- United States, transmitting, a report on the ‘‘Airworthiness Directives; Various Aircraft titled ‘‘Levy on Payments to Contractors’’ decision to take no action to suspend or pro- Equipped with Honeywell Primus II RNZ– (DFARS Case 2004–D033) received on Decem- hibit the proposed merger between Alcatel 850()/–851() Integrated Navigation Units’’ ber 15, 2006; to the Committee on Armed and Lucent Technologies, Inc.; to the Com- (Docket No. 2003–NM–193) received on Decem- Services. mittee on Banking, Housing, and Urban Af- ber 13, 2006; to the Committee on Commerce, EC–23. A communication from the Direc- fairs. Science, and Transportation. tor, Defense Procurement and Acquisition EC–34. A communication from the Chair- EC–44. A communication from the Program Policy, Department of Defense, transmit- man and President of the Export-Import Analyst, Federal Aviation Administration, ting, pursuant to law, the report of a rule en- Bank of the United States, transmitting, Department of Transportation, transmitting, titled ‘‘Contract Pricing and Cost Account- pursuant to law, a report relative to trans- pursuant to law, the report of a rule entitled ing Standards’’ (DFARS Case 2003–D014) re- actions involving U.S. exports to Mexico; to ‘‘Reservation System for Unscheduled Oper- ceived on December 14, 2006; to the Com- the Committee on Banking, Housing, and ations at Chicago’s O’Hare International Air- mittee on Armed Services. Urban Affairs. port; Extension of Expiration Date’’ EC–24. A communication from the Direc- EC–35. A communication from the Acting ((RIN2120–AI47)(Docket No. FAA–2005–19422)) tor, Defense Procurement and Acquisition General Deputy General Counsel, Depart- received on December 14, 2006; to the Com- Policy, Department of Defense, transmit- ment of Housing and Urban Development, mittee on Commerce, Science, and Transpor- ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of tation. titled ‘‘Contracting Officers’ Representa- a vacancy in the position of General Counsel, EC–45. A communication from the Program tives’’ (DFARS Case 2005–D022) received on received on December 14, 2006; to the Com- Analyst, Federal Aviation Administration, December 14, 2006; to the Committee on mittee on Banking, Housing, and Urban Af- Department of Transportation, transmitting, Armed Services. fairs. pursuant to law, the report of a rule entitled EC–25. A message from the President of the EC–36. A communication from the Chair- ‘‘Additional Types of Child Restraint Sys- United States, transmitting, pursuant to man, Federal Communications Commission, tems That May Be Furnished and Used on law, a report relative to the Service Mem- transmitting, pursuant to law, the Commis- Aircraft; Corrections’’ ((RIN2120– bers’ training and use of riot control agents; sion’s Performance and Accountability Re- AI76)(Docket No. FAA–2006–25334)) received to the Committee on Armed Services. port for fiscal year 2006; to the Committee on on December 14, 2006; to the Committee on EC–26. A communication from the General Banking, Housing, and Urban Affairs. Commerce, Science, and Transportation. Counsel, National Credit Union Administra- EC–37. A communication from the Sec- EC–46. A communication from the Program tion, transmitting, pursuant to law, the re- retary of the Treasury, transmitting, pursu- Analyst, Federal Aviation Administration, port of a rule entitled ‘‘Permissible Invest- ant to law, a six-month periodic report on Department of Transportation, transmitting, ments for Federal Credit Unions’’ (RIN3133– the national emergency that was declared in pursuant to law, the report of a rule entitled AD27) received on January 3, 2007; to the Executive Order 13159 of June 21, 2000; to the ‘‘Airworthiness Directives; Air Tractor, Inc., Committee on Banking, Housing, and Urban Committee on Banking, Housing, and Urban Models AT–602, AT–802, and AT–802A Air- Affairs. Affairs. planes’’ ((RIN2120–AA64)(Docket No. 2006–CE– EC–27. A communication from the Assist- EC–38. A communication from the Direc- 22)) received on December 14, 2006; to the ant to the Board, Division of Consumer and tor, Office of Sustainable Fisheries, Depart- Committee on Commerce, Science, and Community Affairs, Board of Governors of ment of Commerce, transmitting, pursuant Transportation. the Federal Reserve System, transmitting, to law, the report of a rule entitled ‘‘Fish- EC–47. A communication from the Program pursuant to law, the report of a rule entitled eries of the Caribbean, Gulf of Mexico, and Analyst, Federal Aviation Administration, ‘‘Home Mortgage Disclosure Act’’ (Docket South Atlantic; Coastal Migratory Pelagic Department of Transportation, transmitting, No. 1275) received on December 14, 2006; to Resources of the Gulf of Mexico and South pursuant to law, the report of a rule entitled the Committee on Banking, Housing, and Atlantic; Trip Limit Reduction’’ (ID No. ‘‘Airworthiness Directives; Boeing Model Urban Affairs. 091306A) received on December 15, 2006; to the 747–400, 777–200, and 777–300 Series Airplanes’’ EC–28. A communication from the Direc- Committee on Commerce, Science, and ((RIN2120–AA64)(Docket No. 2000–NM–360)) tor, Office of Legislative Affairs, Federal De- Transportation. received on December 14, 2006; to the Com- posit Insurance Corporation, transmitting, EC–39. A communication from the Direc- mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled tor, Office of Sustainable Fisheries, Depart- tation. ‘‘Deposit Insurance Assessments—Des- ment of Commerce, transmitting, pursuant EC–48. A communication from the Program ignated Reserve Ratio’’ (RIN3064–AD02) re- to law, the report of a rule entitled ‘‘Fish- Analyst, Federal Aviation Administration, ceived on December 14, 2006; to the Com- eries Off West Coast States; Pacific Coast Department of Transportation, transmitting, mittee on Banking, Housing, and Urban Af- Groundfish Fishery; Specifications and Man- pursuant to law, the report of a rule entitled fairs. agement Measures; End of the Pacific Whit- ‘‘Airworthiness Directives; Pratt and Whit- EC–29. A communication from the Direc- ing Primary Season for the Catcher/Proc- ney JT8D–1, –1A, –1B, –7, –7A, –7B, –9, –9A, tor, Office of Legislative Affairs, Federal De- essor Sector’’ (ID No. 110706A) received on –11, –15, –15A, –17, –17A, –17R, –17AR, –209, posit Insurance Corporation, transmitting, December 21, 2006; to the Committee on Com- –217, –217A, –217C, and –219 Turbofan En- pursuant to law, the report of a rule entitled merce, Science, and Transportation. gines’’ ((RIN2120–AI47)(Docket No. FAA–2005– ‘‘Assessments’’ (RIN3064–AD03) received on EC–40. A communication from the Direc- 19422)) received on December 14, 2006; to the December 14, 2006; to the Committee on tor, Office of Sustainable Fisheries, Depart- Committee on Commerce, Science, and Banking, Housing, and Urban Affairs. ment of Commerce, transmitting, pursuant Transportation. EC–30. A communication from the Direc- to law, the report of a rule entitled ‘‘Atlan- EC–49. A communication from the Program tor, Office of Legislative Affairs, Federal De- tic Highly Migratory Species; Atlantic Analyst, Federal Aviation Administration, posit Insurance Corporation, transmitting, Bluefin Tuna Fisheries; Temporary Rule; Department of Transportation, transmitting, pursuant to law, the report of a rule entitled Inseason Retention Limit Adjustment’’ (ID pursuant to law, the report of a rule entitled ‘‘Assessments’’ (RIN3064–AD09) received on No. 112006D) received on December 15, 2006; to ‘‘Airworthiness Directives; Airbus Model December 14, 2006; to the Committee on the Committee on Commerce, Science, and A321 Airplanes’’ ((RIN2120–AA64)(Docket No. Banking, Housing, and Urban Affairs. Transportation. 2006–NM–119)) received on December 14, 2006; EC–31. A communication from the Assist- EC–41. A communication from the Acting to the Committee on Commerce, Science, ant Secretary, Division of Corporation Fi- Director, Office of Sustainable Fisheries, De- and Transportation. nance, Securities and Exchange Commission, partment of Commerce, transmitting, pursu- EC–50. A communication from the Program transmitting, pursuant to law, the report of ant to law, the report of a rule entitled Analyst, Federal Aviation Administration, a rule entitled ‘‘Internal Control Over Finan- ‘‘Temporary Rule; Closure (Rhode Island Department of Transportation, transmitting, cial Reporting in Exchange Act Periodic Re- Commercial Bluefish Fishery)’’ (ID No. pursuant to law, the report of a rule entitled ports of Non-Accelerated Filers and Newly 112006F–X) received on December 15, 2006; to ‘‘Airworthiness Directives; Boeing Model Public Companies’’ (RIN3235–AJ64) received the Committee on Commerce, Science, and 777–200 Series Airplanes Equipped with Gen- on December 14, 2006; to the Committee on Transportation. eral Electric GE90–94B Engines’’ ((RIN2120– Banking, Housing, and Urban Affairs. EC–42. A communication from the Acting AA64)(Docket No. 2006–NM–142)) received on EC–32. A communication from the Chief Director, Office of Sustainable Fisheries, De- December 14, 2006; to the Committee on Com- Counsel, Bureau of the Public Debt, Depart- partment of Commerce, transmitting, pursu- merce, Science, and Transportation. ment of the Treasury, transmitting, pursu- ant to law, the report of a rule entitled EC–51. A communication from the Program ant to law, the report of a rule entitled ‘‘Sale ‘‘Temporary Rule; Inseason Bluefish Quota Analyst, Federal Aviation Administration, and Issue of Marketable Book-Entry Treas- Transfers from VA and ME to NC’’ (ID No. Department of Transportation, transmitting, ury Bills, Notes, and Bonds—Customer Con- 112406A–X) received on December 15, 2006; to pursuant to law, the report of a rule entitled firmation Reporting Requirement Threshold the Committee on Commerce, Science, and ‘‘Airworthiness Directives; Turmo IV A and Amount’’ (Docket No. BPD–GSRS–06–02) re- Transportation. IV C Series Turboshaft Engines’’ ((RIN2120– ceived on December 15, 2006; to the Com- EC–43. A communication from the Program AA64)(Docket No. 2006–NE–31)) received on mittee on Banking, Housing, and Urban Af- Analyst, Federal Aviation Administration, December 14, 2006; to the Committee on Com- fairs. Department of Transportation, transmitting, merce, Science, and Transportation.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S35 EC–52. A communication from the Program AU04) received on December 21, 2006; to the tional Aeronautics and Space Administra- Analyst, Federal Aviation Administration, Committee on Commerce, Science, and tion, transmitting, pursuant to law, the re- Department of Transportation, transmitting, Transportation. port of a rule entitled ‘‘NASA FAR Supple- pursuant to law, the report of a rule entitled EC–61. A communication from the Acting ment Administrative Changes’’ (RIN2700–31) ‘‘Airworthiness Directives; Airbus Model Director, Office of Sustainable Fisheries, De- received on December 14, 2006; to the Com- A330–200, A340–200, and A340–300 Airplanes’’ partment of Commerce, transmitting, pursu- mittee on Commerce, Science, and Transpor- ((RIN2120–AA64)(Docket No. 2006–NM–185)) ant to law, the report of a rule entitled tation. received on December 14, 2006; to the Com- ‘‘Fisheries of the Exclusive Economic Zone EC–71. A communication from the Deputy mittee on Commerce, Science, and Transpor- Off Alaska; Greenland Turbot in the Bering Assistant Secretary, Office of Legislative tation. Sea and Aleutian Islands Management Area’’ and Intergovernmental Affairs, Department EC–53. A communication from the Program (ID No. 081605D) received on December 21, of Homeland Security, transmitting, pursu- Analyst, Federal Aviation Administration, 2006; to the Committee on Commerce, ant to law, a report relative to the Coast Department of Transportation, transmitting, Science, and Transportation. Guard’s compliance with the Edible Oil Reg- pursuant to law, the report of a rule entitled EC–62. A communication from the Deputy ulatory Reform Act; to the Committee on ‘‘Airworthiness Directives; Aerospace Tech- Assistant Administrator for Regulatory Pro- Commerce, Science, and Transportation. nologies of Australia Pty Ltd. Models N22B, grams, National Marine Fisheries Service, EC–72. A communication from the Chief of N22S, and N24A Airplanes’’ ((RIN2120– Department of Commerce, transmitting, pur- Regulations and Administrative Law, U.S. AA64)(Docket No. FAA–2006–25928)) received suant to law, the report of a rule entitled Coast Guard, Department of Homeland Secu- on December 14, 2006; to the Committee on ‘‘Temporary Rule Extension of Emergency rity, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. Action Re-activating the Atlantic Sea Scal- port of a rule entitled ‘‘Safety Zones (includ- EC–54. A communication from the Program lop Fishery Management Plan’s (Scallop ing 260 regulations)’’ (RIN1625–AA00) re- Analyst, Federal Aviation Administration, FMP) Observer Set-aside Program and Im- ceived on December 14, 2006; to the Com- Department of Transportation, transmitting, plementing an Observer Service Provider Ap- mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled proval Process’’ (RIN0648–AU47) received on tation. ‘‘Airworthiness Directives; Turbomeca Arriel December 21, 2006; to the Committee on Com- EC–73. A communication from the Sec- 2B Series Turboshaft Engines’’ ((RIN2120– merce, Science, and Transportation. retary of Energy, transmitting, pursuant to AA64)(Docket No. 2005–NE–52)) received on EC–63. A communication from the Deputy law, a report relative to the construction December 14, 2006; to the Committee on Com- Assistant Administrator for Regulatory Pro- and operation of the Mixed Oxide Fuel Fab- merce, Science, and Transportation. grams, National Marine Fisheries Service, rication Facility; to the Committee on En- EC–55. A communication from the Regula- Department of Commerce, transmitting, pur- ergy and Natural Resources. tions Officer, Federal Highway Administra- suant to law, the report of a rule entitled EC–74. A communication from the Chair- tion, Department of Transportation, trans- ‘‘Final Rule for Amendment 26 to the Gulf of man, Federal Energy Regulatory Commis- mitting, pursuant to law, the report of a rule Mexico Reef Fish Fishery Management Plan sion, transmitting, pursuant to law, a report entitled ‘‘Worker Visibility’’ (RIN2125–AF11) to Establish a Red Snapper Individual Fish- relative to the Commission’s response to the received on December 14, 2006; to the Com- ing Quota Program’’ (RIN0648–AS67) received Competitive Sourcing Activities Report; to mittee on Commerce, Science, and Transpor- on December 21, 2006; to the Committee on the Committee on Energy and Natural Re- tation. Commerce, Science, and Transportation. sources. EC–64. A communication from the Deputy EC–56. A communication from the Para- EC–75. A communication from the General Assistant Administrator for Operations, Na- legal, Federal Transit Administration, De- Counsel, Federal Energy Regulatory Com- tional Marine Fisheries Service, Department partment of Transportation, transmitting, mission, transmitting, pursuant to law, the of Commerce, transmitting, pursuant to law, pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Regulations for the report of a rule entitled ‘‘Partial Ap- ‘‘Controlled Substances and Alcohol Misuse Filing Applications for Permits to Site proval of the George’s Bank Cod Fixed Gear Testing’’ (RIN2132–AA86) received on Decem- Interstate Electric Transmission Facilities’’ Sector Operations Plan and Allocation for ber 14, 2006; to the Committee on Commerce, (RIN1902–AD16) received on December 14, 2006’’ (RIN0648–AU56) received on December Science, and Transportation. 2006; to the Committee on Energy and Nat- 14, 2006; to the Committee on Commerce, EC–57. A communication from the Deputy ural Resources. Director, Office of Protected Resources, De- Science, and Transportation. EC–65. A communication from the Acting EC–76. A communication from the Direc- partment of Commerce, transmitting, pursu- Director, Office of Sustainable Fisheries, De- tor, Office of Surface Mining, Department of ant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- the Interior, transmitting, pursuant to law, ‘‘Taking and Importing Marine Mammals; ant to law, the report of a rule entitled the report of a rule entitled ‘‘North Dakota Taking Marine Mammals; Taking and Im- ‘‘Fisheries Off West Coast States; Pacific Regulatory Program’’ (SATS No. ND–049– porting Marine Mammals; Taking Marine Coast Groundfish Fishery; Specifications and FOR) received on December 14, 2006; to the Mammals Incidental to Conducting Preci- Management Measures; Inseason Adjust- Committee on Energy and Natural Re- sion Strike Weapons Testing and Training by ments’’ (ID No. 112106B) received on Decem- sources. Eglin Air Force Base in the Gulf of Mexico’’ ber 14, 2006; to the Committee on Commerce, EC–77. A communication from the Attor- ((RIN0648–AT39)(ID No. 022106A)) received on Science, and Transportation. ney, Office of Energy Efficiency and Renew- January 3, 2007; to the Committee on Com- EC–66. A communication from the Chair- able Energy, Department of Energy, trans- merce, Science, and Transportation. man, Office of Proceedings, Surface Trans- mitting, pursuant to law, the report of a rule EC–58. A communication from the Deputy portation Board, transmitting, pursuant to entitled ‘‘Energy Conservation Program: Assistant Administrator for Regulatory Pro- law, the report of a rule entitled ‘‘Major Test Procedures for Certain Consumer Prod- grams, National Marine Fisheries Service, Issues in Rail Rate Cases’’ (STB Ex Parte ucts and Certain Commercial and Industrial Department of Commerce, transmitting, pur- No. 657) received on December 14, 2006; to the Equipment; Technical Amendment to Energy suant to law, the report of a rule entitled Committee on Commerce, Science, and Conservation Standards for Certain Con- ‘‘Final Rule to Implement Amendment 68 to Transportation. sumer Products and Certain Commercial and the Fishery Management Plan for Ground- EC–67. A communication from the Chair- Industrial Equipment’’ (RIN1904–AB53) re- fish of the Gulf of Alaska’’ (RIN0648–AT71) man, Office of Proceedings, Surface Trans- ceived on December 14, 2006; to the Com- received on December 21, 2006; to the Com- portation Board, transmitting, pursuant to mittee on Energy and Natural Resources. mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Public EC–78. A communication from the Direc- tation. Participation in Class Exemption Pro- tor, Office of Congressional Affairs, Nuclear EC–59. A communication from the Deputy ceedings’’ (STB Ex Parte No. 659) received on Regulatory Commission, transmitting, pur- Assistant Administrator for Regulatory Pro- December 14, 2006; to the Committee on Com- suant to law, the report of a rule entitled grams, National Marine Fisheries Service, merce, Science, and Transportation. ‘‘List of Approved Spent Fuel Storage Casks: Department of Commerce, transmitting, pur- EC–68. A communication from the Sec- HI–STORM 100 Revision 3’’ (RIN3150–AH98) suant to law, the report of a rule entitled retary of the Federal Trade Commission, received on December 14,2006; to the Com- ‘‘Final Rule to Implement Amendment 68 to transmitting, pursuant to law, the Commis- mittee on Environment and Public Works. the Pacific Coast Groundfish Fishery Man- sion’s annual report on Ethanol market con- EC–79. A communication from the Direc- agement Plan’’ (ID No. 060606A) received on centration; to the Committee on Commerce, tor, Office of Congressional Affairs, Nuclear December 21, 2006; to the Committee on Com- Science, and Transportation. Regulatory Commission, transmitting, pur- merce, Science, and Transportation. EC–69. A communication from the Assist- suant to law, the report of a rule entitled EC–60. A communication from the Deputy ant Secretary, Department of Homeland Se- ‘‘Final Rule: List of Approved Spent Fuel Assistant Administrator for Regulatory Pro- curity, transmitting, pursuant to law, a re- Storage Casks: NUHOMS HD Addition’’ grams, National Marine Fisheries Service, port relative to the level of screening serv- (RIN3150–AH93) received on December 14, Department of Commerce, transmitting, pur- ices and protection provided at San Fran- 2006; to the Committee on Environment and suant to law, the report of a rule entitled cisco International Airport; to the Com- Public Works. ‘‘Final Rule for Seasonal Closure Provision mittee on Commerce, Science, and Transpor- EC–80. A communication from the Prin- for Regulatory Amendment to the Fishery tation. cipal Deputy Associate Administrator, Office Management Plan for the Reef Fish Re- EC–70. A communication from the Assist- of Policy, Economics and Innovation, Envi- sources of the Gulf of Mexico’’ (RIN0648– ant Administrator for Procurement, Na- ronmental Protection Agency, transmitting,
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pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled MER, Mrs. CLINTON, Ms. CANTWELL, ‘‘Approval and Promulgation of Air Quality ‘‘National Emission Standards for Hazardous Mr. KOHL, Ms. STABENOW, and Mr. Implementation Plans; Pennsylvania; Up- Air Pollutants: Shipbuilding and Ship Repair WEBB): date to Materials Incorporated byReference’’ (Surface Coating) Operations’’ ((RIN2060– S. 3. A bill to amend part D of title XVIII (FRL No. 8249–6) received on January 3, 2007; AO03)(FRL No. 8264–2)) received on January of the Social Security Act to provide for fair to the Committee on Environment and Pub- 3, 2007; to the Committee on Environment prescription drug prices for Medicare bene- lic Works. and Public Works. ficiaries; to the Committee on Finance. EC–81. A communication from the Prin- EC–89. A communication from the Prin- By Mr. REID (for himself, Mr. cipal Deputy Associate Administrator, Office cipal Deputy Associate Administrator, Office LIEBERMAN, Ms. COLLINS, Mr. LEAHY, of Policy, Economics and Innovation, Envi- of Policy, Economics and Innovation, Envi- Mr. SCHUMER, Ms. CANTWELL, Mr. ronmental Protection Agency, transmitting, ronmental Protection Agency, transmitting, LAUTENBERG, Ms. STABENOW, Mr. pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled WEBB, Mr. MENENDEZ, and Ms. ‘‘Amendment to Tier 2 Vehicle Emission ‘‘Regulation of Fuels and Fuel Additives: Ex- LANDRIEU): Standards and Gasoline Sulfur Require- tension of the Reformulated Gasoline Pro- S. 4. A bill to make the United States more ments: Partial Exemption for U.S. Pacific Is- gram to the East St. Louis, Illinois Ozone secure by implementing unfinished rec- land Territories’’ ((RIN2060–AN66)(FRL No. Nonattainment Area’’ (FRL No. 8261–9) re- ommendations of the 9/11 Commission to 8263–4)) received on January 3, 2007; to the ceived on January 3, 2007; to the Committee fight the war on terror more effectively, to Committee on Environment and Public on Environment and Public Works. improve homeland security, and for other Works. EC–90. A communication from the Prin- purposes; to the Committee on Homeland Se- EC–82. A communication from the Prin- cipal Deputy Associate Administrator, Office curity and Governmental Affairs. cipal Deputy Associate Administrator, Office of Policy, Economics and Innovation, Envi- By Mr. REID (for himself, Mr. HARKIN, of Policy, Economics and Innovation, Envi- ronmental Protection Agency, transmitting, Mr. SPECTER, Mr. KENNEDY, Mr. ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled HATCH, Mrs. FEINSTEIN, Mr. SMITH, pursuant to law, the report of a rule entitled ‘‘Revisions to the California State Imple- Mr. DURBIN, Mr. LAUTENBERG, Ms. ‘‘Approval and Promulgation of Air Quality mentation Plan, Imperial County Air Pollu- SNOWE, Mr. SCHUMER, Ms. MIKULSKI, Implementation Plans; Maryland; PM–10 tion Control District and South Coast Air Mrs. CLINTON, Ms. CANTWELL, Mr. Test Methods’’ (FRL No. 8264–8) received on Quality Management District’’ (FRL No. FEINGOLD, Mr. LEAHY, Mr. KOHL, Ms. January 3, 2007; to the Committee on Envi- 8258–8) received on January 3, 2007; to the STABENOW, Mr. WEBB, Mr. KERRY, ronment and PublicWorks. Committee on Environment and Public Mrs. LINCOLN, Mr. DODD, Mr. MENEN- EC–83. A communication from the Prin- Works. DEZ, Mr. REED, Mr. AKAKA, Mrs. cipal Deputy Associate Administrator, Office EC–91. A communication from the Prin- BOXER, Mr. LIEBERMAN, Mr. NELSON of Policy, Economics and Innovation, Envi- cipal Deputy Associate Administrator, Office of Florida, Mr. LEVIN, Mr. OBAMA, ronmental Protection Agency, transmitting, of Policy, Economics and Innovation, Envi- and Mr. INOUYE): pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, S. 5. A bill to amend the Public Health ‘‘Approval and Promulgation of Implementa- pursuant to law, the report of a rule entitled Service Act to provide for human embryonic tion Plans; Revisions to the Nevada State ‘‘Revisions to the California State Imple- stem cell research; read the first time. Implementation Plan; Requests for Rescis- mentation Plan, Imperial County Air Pollu- By Mr. REID (for himself, Mr. BINGA- sion’’ (FRL No. 8260–1) received on January 3, tion Control District’’ (FRL No. 8259–9) re- MAN, Mrs. BOXER, Mr. SCHUMER, Mr. 2007; to the Committee on Environment and ceived on January 3, 2007; to the Committee LIEBERMAN, Mr. LAUTENBERG, Ms. Public Works. on Environment and Public Works. CANTWELL, Mr. LEAHY, Ms. EC–84. A communication from the Prin- EC–92. A communication from the Prin- STABENOW, Mr. WEBB, Mr. SALAZAR, cipal Deputy Associate Administrator, Office cipal Deputy Associate Administrator, Office and Mr. MENENDEZ): of Policy, Economics and Innovation, Envi- of Policy, Economics and Innovation, Envi- S. 6. A bill to enhance the security of the ronmental Protection Agency, transmitting, ronmental Protection Agency, transmitting, United States by reducing the dependence of pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled the United States on foreign and ‘‘Approval and Promulgation of Implementa- ‘‘Unregulated Contaminant Monitoring Reg- unsustainable energy sources and the risks tion Plans; Tennessee: Approval of Revisions ulation for Public Water Systems Revisions’’ of global warming, and for other purposes; to to the Knox County Portion of the Tennessee (FRL No. 8261–7) received on January 3, 2007; the Committee on Finance. State Implementation Plan’’ (FRL No. 8265– to the Committee on Environment and Pub- By Mr. REID (for himself, Mr. KEN- 6) received on January 3, 2007; to the Com- lic Works. NEDY, Mr. SCHUMER, Mrs. CLINTON, mittee on Environment and Public Works. f Ms. MIKULSKI, Mrs. MURRAY, Mr. EC–85. A communication from the Prin- LIEBERMAN, Mr. AKAKA, Ms. CANT- cipal Deputy Associate Administrator, Office INTRODUCTION OF BILLS AND WELL, Mr. BINGAMAN, Mr. LEAHY, Mr. of Policy, Economics and Innovation, Envi- JOINT RESOLUTIONS LAUTENBERG, Mr. LEVIN, Ms. ronmental Protection Agency, transmitting, The following bills and joint resolu- STABENOW, Mr. WEBB, Mr. MENENDEZ, pursuant to law, the report of a rule entitled tions were introduced, read the first Ms. LANDRIEU, Mr. SANDERS, Mr. ‘‘Approval and Promulgation of Implementa- REED, and Mr. DODD): tion Plans; Tennessee: Approval of Revisions and second times by unanimous con- S. 7. A bill to amend title IV of the Higher to the Knox County Portion of the Tennessee sent, and referred as indicated: Education Act of 1965 and other laws and State Implementation Plan’’ (FRL No. 8265– By Mr. REID (for himself, Mr. MCCON- provisions and urge Congress to make col- 4) received on January 3, 2007; to the Com- NELL, Mr. DURBIN, Mr. LOTT, Mrs. lege more affordable through increased Fed- mittee on Environment and Public Works. FEINSTEIN, Mr. BENNETT, Mr. eral Pell Grants and providing more favor- EC–86. A communication from the Prin- LIEBERMAN, Ms. COLLINS, Mr. SCHU- able student loans and other benefits, and for cipal Deputy Associate Administrator, Office MER, Ms. MIKULSKI, Ms. CANTWELL, other purposes; to the Committee on Health, of Policy, Economics and Innovation, Envi- Mr. LEAHY, Ms. STABENOW, Mr. WEBB, Education, Labor, and Pensions. ronmental Protection Agency, transmitting, Mr. LAUTENBERG, and Mr. MENEN- By Mr. REID (for himself, Mr. LEVIN, pursuant to law, the report of a rule entitled DEZ): Mr. SCHUMER, Mr. LAUTENBERG, Ms. ‘‘Approval and Promulgation of Implementa- S. 1. A bill to provide greater transparency CANTWELL, Mr. LEAHY, Ms. tion Plans; Tennessee: Approval of Revisions in the legislative process; placed on the cal- STABENOW, Mr. WEBB, Mr. MENENDEZ, to the Knox County Portion of the Tennessee endar. and Ms. LANDRIEU): State Implementation Plan’’ (FRL No. 8265– By Mr. REID (for himself, Mr. KEN- S. 8. A bill to restore and enhance the ca- 8) received on January 3, 2007; to the Com- NEDY, Mr. SCHUMER, Mr. LIEBERMAN, pabilities of the Armed Forces, to enhance mittee on Environment and Public Works. Mr. AKAKA, Mr. BIDEN, Ms. CANT- the readiness of the Armed Forces, to sup- EC–87. A communication from the Prin- WELL, Mr. LEAHY, Mr. LAUTENBERG, port the men and women of the Armed cipal Deputy Associate Administrator, Office Ms. STABENOW, Mr. WEBB, Mr. KERRY, Forces, and for other purposes; to the Com- of Policy, Economics and Innovation, Envi- Mr. REED, Ms. LANDRIEU, Mr. HARKIN, mittee on Armed Services. ronmental Protection Agency, transmitting, Ms. MIKULSKI, Mr. BINGAMAN, Mrs. By Mr. REID (for himself, Mr. LEAHY, pursuant to law, the report of a rule entitled MURRAY, Mrs. CLINTON, Mr. OBAMA, Mr. SCHUMER, Ms. CANTWELL, and Ms. ‘‘National Emission Standards for Hazardous Mr. LEVIN, Mr. KOHL, Mrs. FEINSTEIN, STABENOW): Air Pollutants for Source Categories From Mrs. BOXER, Mr. FEINGOLD, Mr. DUR- S. 9. A bill to recognize the heritage of the Oil and Natural Gas Production Facilities’’ BIN, Mr. PRYOR, Mr. MENENDEZ, Mr. United States as a nation of immigrants and ((RIN2060–AM16)(FRL No. 8264–1)) received on BAYH, and Mrs. LINCOLN): to amend the Immigration and Nationality January 3, 2007; to the Committee on Envi- S. 2. A bill to amend the Fair Labor Stand- Act to provide for more effective border and ronment and Public Works. ards Act of 1938 to provide for an increase in employment enforcement, to prevent illegal EC–88. A communication from the Prin- the Federal minimum wage; read the first immigration, and to reform and rationalize cipal Deputy Associate Administrator, Office time. avenues for legal immigration, and for other of Policy, Economics and Innovation, Envi- By Mr. REID (for himself, Mr. BAUCUS, purposes; to the Committee on the Judici- ronmental Protection Agency, transmitting, Mr. LEAHY, Ms. MIKULSKI, Mr. SCHU- ary.
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By Mr. REID (for himself, Mr. CONRAD, National Oceanic and Atmospheric Adminis- that each State in the service area of the Mr. FEINGOLD, Mr. SCHUMER, Mr. tration, and for other purposes; to the Com- Tennessee Valley Authority be represented SALAZAR, Ms. CANTWELL, Mr. LEAHY, mittee on Commerce, Science, and Transpor- by at least 1 member; to the Committee on Ms. STABENOW, Mr. MENENDEZ, Mr. tation. Environment and Public Works. KERRY, Mr. HARKIN, Ms. LANDRIEU, By Mr. BAUCUS: By Mr. REID (for Mr. INOUYE): Mr. DURBIN, and Mr. OBAMA): S. 41. A bill to amend the Internal Revenue S. 53. A bill to amend the Public Health S. 10. A bill to reinstate the pay-as-you-go Code of 1986 to provide incentives to improve Service Act to provide health care practi- requirement and reduce budget deficits by America’s research competitiveness, and for tioners in rural areas with training in pre- strengthening budget enforcement and fiscal other purposes; to the Committee on Fi- ventive health care, including both physical responsibility; to the Committee on the nance. and mental care, and for other purposes; to Budget. By Mr. MCCONNELL (for Ms. MUR- the Committee on Health, Education, Labor, By Mr. REID (for himself, Mrs. CLIN- KOWSKI): and Pensions. TON, Mrs. MURRAY, Mrs. BOXER, Mr. S. 42. A bill to make improvements to the By Mr. REID (for Mr. INOUYE): AKAKA, Mr. KERRY, Mr. LEAHY, Mr. Arctic Research and Policy Act of 1984; to S. 54. A bill to amend title XIX of the So- OBAMA, Mr. SCHUMER, Mr. LAUTEN- the Committee on Homeland Security and cial Security Act to provide for coverage of BERG, Mr. KENNEDY, Mr. HARKIN, Mr. Governmental Affairs. services provided by nursing school clinics MENENDEZ, and Mr. INOUYE): By Mr. ENSIGN (for himself, Mr. under State medicaid programs; to the Com- S. 21. A bill to expand access to preventive INHOFE, Mr. THOMAS, Mr. SESSIONS, mittee on Finance. health care services that help reduce unin- Mr. COLEMAN, and Mrs. DOLE): By Mr. BAUCUS (for himself, Mr. tended pregnancy, reduce abortions, and im- S. 43. A bill to amend title II of the Social GRASSLEY, Mr. SCHUMER, Mr. KYL, prove access to women’s health care; to the Security Act to preserve and protect Social and Mr. CRAPO): Committee on Health, Education, Labor, and Security benefits of American workers and S. 55. A bill to amend the Internal Revenue Pensions. to help ensure greater congressional over- Code of 1986 to repeal the individual alter- By Mr. WEBB: sight of the Social Security system by re- native minimum tax; to the Committee on S. 22. A bill to amend title 38, United quiring that both Houses of Congress ap- Finance. States Code, to establish a program of edu- prove a totalization agreement before the By Mr. REID (for Mr. INOUYE): cational assistance for members of the agreement, giving foreign workers Social Se- S. 56. A bill to provide relief to the Armed Forces who serve in the Armed curity benefits, can go into effect; to the Pottawatomi Nation in Canada for settle- Forces after September 11, 2001, and for other Committee on Finance. ment of certain claims against the United States; to the Committee on the Judiciary. purposes; to the Committee on Veterans’ Af- By Mr. VITTER: fairs. S. 44. A bill to require disclosure and pay- By Mr. REID (for Mr. INOUYE): S. 57. A bill to amend title 38, United By Mr. HARKIN (for himself, Mr. ment of noncommercial air travel in the States Code, to deem certain service in the LUGAR, Mr. DORGAN, Mr. BIDEN, and Senate; to the Committee on Rules and Ad- organized military forces of the Government Mr. OBAMA): ministration. of the Commonwealth of the Philippines and S. 23. A bill to promote renewable fuel and By Mr. ENSIGN (for himself and Ms. the Philippine Scouts to have been active energy security of the United States, and for LANDRIEU): service for purposes of benefits under pro- other purposes; to the Committee on Com- S. 45. A bill to amend title XVIII of the So- grams administered by the Secretary of Vet- merce, Science, and Transportation. cial Security Act to make a technical cor- erans Affairs; to the Committee on Veterans’ By Mrs. BOXER (for herself, Mrs. FEIN- rection in the definition of outpatient Affairs. STEIN, and Mr. LAUTENBERG): speech-language pathology services; to the By Mr. REID (for Mr. INOUYE): S. 24. A bill to amend the Safe Drinking Committee on Finance. Water Act to require a health advisory and S. 58. A bill to amend the Internal Revenue By Mr. ENSIGN (for himself, Mr. monitoring of drinking water for per- code of 1986 to repeal the reduction in the de- DEMINT, Mr. GRAHAM, and Mr. chlorate; to the Committee on Environment ductible portion of expenses for business COBURN): and Public Works. meals and entertainment; to the Committee S. 46. A bill to amend the Internal Revenue on Finance. By Mr. KOHL (for himself and Mr. Code of 1986 to expand the permissible use of By Mr. REID (for Mr. INOUYE): LEAHY): health savings accounts to include premiums S. 25. A bill to amend the Federal Food, S. 59. A bill to amend title XIX of the So- for non-group high deductible health plan Drug, and Cosmetic Act to establish require- cial Security Act to improve access to ad- coverage; to the Committee on Finance. ments for certain petitions submitted to the vanced practice nurses and physician assist- By Mr. ENSIGN (for himself and Mr. Food and Drug Administration, and for other ants under the Medicaid Program; to the SAKSON): purposes; to the Committee on Health, Edu- I Committee on Finance. S. 47. A bill to establish a Law Enforce- cation, Labor, and Pensions. By Mr. REID (for Mr. INOUYE): ment Assistance Force in the Department of By Ms. CANTWELL (for herself and S. 60. A bill to amend the Public Health Homeland Security to facilitate the con- Ms. SNOWE): Service Act to provide a means for continued S. 26. A bill to amend the Internal Revenue tributions of retired law enforcement offi- improvement in emergency medical services Code of 1986 to establish a program dem- cers during major disasters; to the Com- for children; to the Committee on Health, onstrating multiple approaches to Lifelong mittee on Homeland Security and Govern- Education, Labor, and Pensions. Learning Accounts, which are portable, mental Affairs. By Mr. REID (for Mr. INOUYE): worker-owned savings accounts that can be By Mr. ENSIGN (for himself, Mr. S. 61. A bill to amend chapter 81 of title 5, used by workers to help finance education, DEMINT, and Mr. INHOFE): United States Code, to authorize the use of training, and apprenticeships and which are S. 48. A bill to return meaning to the Fifth clinical social workers to conduct evalua- intended to supplement both public and em- Amendment by limiting the power of emi- tions to determine work-related emotional ployer-provided education and training re- nent domain; to the Committee on Finance. and mental illnesses; to the Committee on sources, and for other purposes; to the Com- By Mr. STEVENS: Homeland Security and Governmental Af- mittee on Finance. S. 49. A bill to amend the Communications fairs. By Mrs. FEINSTEIN (for herself and Act of 1934 to prevent the carriage of child By Mr. REID (for Mr. INOUYE): pornography by video service providers, to S. 62. A bill to treat certain hospital sup- Mrs. BOXER): S. 27. A bill to authorize the implementa- protect children from online predators, and port organizations as qualified organizations tion of the San Joaquin River Restoration to restrict the sale or purchase of children’s for purposes of determining acquisition in- Settlement; to the Committee on Energy and personal information in interstate com- debtedness; to the Committee on Finance. Natural Resources. merce; to the Committee on Commerce, By Mr. REID (for Mr. INOUYE): By Mr. KOHL: Science, and Transportation. S. 63. A bill to amend title XVIII of the So- S. 28. A bill to amend title XVIII of the So- By Mr. ISAKSON: cial Security Act to remove the restriction cial Security Act to require the use of ge- S. 50. A bill to amend the Internal Revenue that a clinical psychologist or clinical social neric drugs under the Medicare part D pre- Code of 1986 to provide economic incentives worker provide services in a comprehensive scription drug program when available un- for the preservation of open space and con- outpatient rehabilitation facility to a pa- less the brand name drug is determined to be servation of natural resources, and for other tient only under the care of a physician; to medically necessary; to the Committee on purposes; to the Committee on Finance. the Committee on Finance. Finance. By Mr. ISAKSON: By Mr. REID (for Mr. INOUYE): By Ms. LANDRIEU: S. 51. A bill to derive human pluripotent S. 64. A bill to amend title VII of the Pub- S. 29. A bill to clarify the tax treatment of stem cell lines using techniques that do not lic Health Service Act to ensure that social certain payments made to homeowners by knowingly harm embryos; to the Committee work students or social work schools are eli- the Louisiana Recovery Authority adn the on Health, Education, Labor, and Pensions. gible for support under certain programs to Mississippi Development Authority; to the By Mr. ISAKSON (for himself and Mr. assist individuals in pursuing health careers Committee on Finance. CHAMBLISS): and programs of grants for training projects By Mr. STEVENS: S. 52. A bill to amend the Tennessee Valley in geriatrics, and to establish a social work S. 39. A bill to establish a coordinated na- Authority Act of 1933 to increase the mem- training program; to the Committee on tional ocean exploration program within the bership of the Board of Directors and require Health, Education, Labor, and Pensions.
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By Mr. INHOFE (for himself, Mr. STE- By Mr. SCHUMER: in addition to static economic modeling in VENS, Mr. LIEBERMAN, and Mr. FEIN- S. 79. A bill to establish within the United the preparation of budgetary estimates of GOLD): States Marshals Service a short term State proposed changes in Federal revenue law; to S. 65. A bill to modify the age-60 standard witness protection program to provide as- the Committee on the Budget. for certain pilots and for other purposes; to sistance to State and local district attorneys By Mr. STEVENS (for himself, Mr. the Committee on Commerce, Science, and to protect their witnesses in homicide and COLEMAN, and Mr. VITTER): Transportation. major violent crime cases and to provide S. 92. A bill amend the Communications By Mr. REID (for Mr. INOUYE): Federal grants for such protection; to the Act of 1934 to prohibit the unlawful acquisi- S. 66. A bill to require the Secretary of the Committee on the Judiciary. tion and use of confidential customer propri- Army to determine the validity of the claims By Mr. STEVENS: etary network information, and for other of certain Filipinos that they performed S. 80. A bill to amend title 5, United States purposes; to the Committee on Commerce, military service on behalf of the United Code, to provide for 8 weeks of paid leave for Science, and Transportation. States during World War II; to the Com- Federal employees giving birth and for other By Mr. STEVENS: mittee on Veterans’ Affairs. purposes; to the Committee on Homeland Se- S. 93. A bill to authorize NTIA to borrow By Mr. REID (for Mr. INOUYE): curity and Governmental Affairs. against anticipated receipts of the Digital S. 67. A bill to amend title 10, United By Mr. SCHUMER (for himself and Television and Public Safety Fund to ini- States Code, to permit former members of Mrs. CLINTON): tiate migration to a national IP-enabled the Armed Forces who have a service-con- S. 81. A bill to authorize the United States emergency network capable of receiving and nected disability rated as total to travel on Department of Energy to remediate the responding to all citizen activated emer- military aircraft in the same manner and to Western New York Nuclear Service Center in gency communications; to the Committee on the same extent as retired members of the the Town of Ashford, New York, and to dis- Commerce, Science, and Transportation. Armed Forces are entitled to travel on such pose of nuclear waste; to the Committee on By Mr. STEVENS: aircraft; to the Committee on Armed Serv- Environment and Public Works. S. 94. A bill to protect the welfare of con- ices. By Mr. AKAKA (for himself and Mr. sumers by prohibiting price gouging by mer- By Mr. AKAKA: LAUTENBERG): chants with respect to gasoline or petroleum S. 68. A bill for the relief of Vichai Sae S. 82. A bill to reaffirm the authority of distillates during certain abnormal market Tung (also known as Chai Chaowasaree); to the Comptroller General to audit and evalu- disruptions; to the Committee on Commerce, the Committee on the Judiciary. ate the programs, activities, and financial Science, and Transportation. By Mr. KOHL (for himself and Ms. transactions of the intelligence community, By Mr. KERRY (for himself, Mr. KEN- SNOWE): and for other purposes; to the Select Com- NEDY, Ms. CANTWELL, Ms. LANDRIEU, S. 69. A bill to authorize appropriations for mittee on Intelligence. Mr. LAUTENBERG, and Mrs. MURRAY): the Hollings Manufacturing Extension Part- By Mr. MCCAIN (for himself, Ms. S. 95. A bill to amend titles XIX and XXI nership Program, and for other purposes; to SNOWE, Mr. BIDEN, and Mr. of the Social Security Act to ensure that the Committee on the Judiciary. LIEBERMAN): every uninsured child in America has health By Mr. REID (for Mr. INOUYE): S. 83. A bill to provide increased rail trans- insurance coverage, and for other purposes; S. 70. A bill to restore the traditional day portation security; to the Committee on to the Committee on Finance. of observance of Memorial Day, and for other Commerce, Science, and Transportation. By Mr. KERRY: purposes; to the Committee on the Judici- By Mr. MCCAIN (for himself, Mr. STE- S. 96. A bill to amend the Internal Revenue ary. VENS, and Mr. DORGAN): Code of 1986 to ensure a fairer and simpler By Mr. REID (for Mr. INOUYE): S. 84. A bill to establish a United States method of taxing controlled foreign corpora- S. 71. A bill to amend title 10, United Boxing Commission to administer the Act, tions of United States shareholders, to treat States Code, to authorize certain disabled and for other purposes; to the Committee on certain foreign corporations managed and former prisoners of war to use Department of Commerce, Science, and Transportation. controlled in the United States as domestic Defense commissary and exchange stores; to By Mr. MCCAIN (for himself, Mr. DOR- corporations, to codify the economic sub- the Committee on Armed Services. GAN, Mr. BAUCUS, Mr. GRASSLEY, Mr. stance doctrine, and to eliminate the top By Mr. REID (for Mr. INOUYE): REID, Mrs. FEINSTEIN, and Mr. FEIN- corporate income tax rate, and for other pur- S. 72. A bill to amend title XVIII of the So- GOLD): poses; to the Committee on Finance. cial Security Act to provide improved reim- S. 85. A bill to amend the Omnibus Crime By Mr. KERRY: bursement for clinical social worker services Control and Safe Streets Act of 1968 to clar- S. 97. A bill to amend the Internal Revenue under the medicare program; to the Com- ify that territories and Indian tribes are eli- Code of 1986 to replace the Hope and Lifetime mittee on Finance. gible to receive grants for confronting the Learning credits with a partially refundable By Mr. REID (for Mr. INOUYE): use of methamphetamine; to the Committee college opportunity credit; to the Committee S. 73. A bill to amend title XVIII of the So- on the Judiciary. on Finance. cial Security Act to provide for patient pro- By Mr. MCCAIN (for himself and Mr. By Mr. KERRY (for himself and Ms. tection by establishing minimum nurse KYL): LANDRIEU): staffing ratios at certain Medicare providers, S. 86. A bill to designate segments of Fossil S. 98. A bill to foster the development of and for other purposes; to the Committee on Creek, a tributary to the Verde River in the minority-owned small businesses; to the Finance. State of Arizona, as wild and scenic rivers; Committee on Small Business and Entrepre- By Mr. SCHUMER: to the Committee on Energy and Natural Re- neurship. S. 74. A bill to ensure adequate funding for sources. By Mr. KERRY: high-threat areas, and for other purposes; to By Mr. VITTER: S. 99. A bill to amend the Internal Revenue the Committee on Homeland Security and S. 87. A bill to permit the cancellation of Code of 1986 to provide a refundable credit Governmental Affairs. certain loans under the Robert T. Stafford for small business employee health insur- By Mr. SCHUMER: Disaster Relief and Emergency Assistance ance expenses; to the Committee on Finance. S. 75. A bill to require the Federal Aviation Act; to the Committee on Homeland Secu- By Mrs. BOXER: Administration to finalize the proposed rule rity and Governmental Affairs. S. 100. A bill to encourage the health of relating to the reduction of fuel tank flam- By Mr. VITTER: children in schools by promoting better nu- mability exposure, and for other purposes; to S. 88. A bill to increase the penalty for fail- trition and increased physical activity, and the Committee on Commerce, Science, and ure to comply with lobbying disclosure re- for other purposes; to the Committee on Fi- Transportation. quirements; to the Committee on Homeland nance. By Mr. SCHUMER: Security and Governmental Affairs. By Mr. STEVENS (for himself, Mr. S. 76. A bill to amend section 1028 of title By Mr. VITTER: LOTT, and Mrs. HUTCHISON): 18, United States Code, to prohibit the pos- S. 89. A bill to prohibit authorized commit- S. 101. A bill to update and reinvigorate session, transfer, or use of fraudulent travel tees and leadership PACs from employing universal service provided under the Commu- documents; to the Committee on the Judici- the spouse or immediate family members of nications Act of 1934; to the Committee on ary. any candidate or Federal office holder con- Commerce, Science, and Transportation. By Mr. SCHUMER: nected to the committee; to the Committee By Mr. KERRY: S. 77. A bill to improve the tracking of sto- on Rules and Administration. S. 102. A bill to amend the Internal Rev- len firearms and firearms used in a crime, to By Mr. VITTER: enue Code of 1986 to extend and expand relief allow more frequent inspections of gun deal- S. 90. A bill to modify the application of from the alternative minimum tax and to re- ers to ensure compliance with Federal gun the Federal Election Campaign Act of 1971 to peal the extension of the lower rates for cap- law, to enhance the penalties for gun traf- Indian tribes; to the Committee on Rules and ital gains and dividends for 2009 and 2010; to ficking, and for other purposes; to the Com- Administration. the Committee on Finance. mittee on the Judiciary. By Mr. ENSIGN (for himself and Mr. By Mr. KERRY (for himself, Mrs. FEIN- By Mr. SCHUMER: CRAPO): STEIN, and Mr. WYDEN): S. 78. A bill for the relief of Alemseghed S. 91. A bill to require the Congressional S. 103. A bill to amend the Internal Rev- Mussie Tesfamical; to the Committee on the Budget Office and the Joint Committee on enue Code of 1986 to provide that major oil Judiciary. Taxation to use dynamic economic modeling and gas companies will not be eligible for the
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A bill to amend the Cache La sifying or failing to file or report certain in- vide students with opportunities for summer Poudre River Corridor Act to designate a formation required to be reported under that learning through summer learning grants; to new management entity, make certain tech- Act; to the Committee on Homeland Secu- the Committee on Health, Education, Labor, nical and conforming amendments, enhance rity and Governmental Affairs. and Pensions. private property protections, and for other By Mr. VITTER: By Mr. OBAMA (for himself and Ms. purposes; to the Committee on Energy and S. 105. A bill to prohibit the spouse of a SNOWE): Natural Resources. Member of Congress previously employed as S. 117. A bill to amend titles 10 and 38, By Mr. ALLARD: a lobbyist from lobbying the Member after United States Code, to improve benefits and S. 129. A bill to study and promote the use the Member is elected; to the Committee on services for members of the Armed Forces, of energy-efficient computer servers in the the Judiciary. veterans of the Global War on Terrorism, United States; to the Committee on Energy By Mr. REID (for Mr. INOUYE): and other veterans, to require reports on the and Natural Resources. S. 106. A bill to amend the Public Health effects of the Global War on Terrorism, and By Mr. ALLARD (for himself and Mr. Service Act to provide for the establishment for other purposes; to the Committee on Vet- SALAZAR): of a National Center for Social Work Re- erans’ Affairs. S. 130. A bill to amend title XVIII of the search; to the Committee on Health, Edu- By Mr. LEAHY (for himself and Mr. Social Security Act to extend reasonable cation, Labor, and Pensions. PRYOR): cost contracts under medicare; to the Com- By Mr. REID (for Mr. INOUYE): S. 118. A bill to give investigators and pros- mittee on Finance. S. 107. A bill to amend title VII of the Pub- ecutors the tools they need to combat public By Mr. ALLARD (for himself and Mr. lic Health Service Act to make certain grad- corruption; to the Committee on the Judici- REED): uate programs in professional psychology el- ary. S. 131. A bill to extend for 5 years the igible to participate in various health profes- By Mr. LEAHY (for himself, Mr. BINGA- Mark-to-Market program of the Department sions loan programs; to the Committee on MAN, Mr. HARKIN, Mr. KERRY, Mr. of Housing and Urban Development; to the Health, Education, Labor, and Pensions. LAUTENBERG, Mr. ROCKEFELLER, Mr. Committee on Banking, Housing, and Urban By Mr. REID (for Mr. INOUYE): DORGAN, Mr. SCHUMER, Mr. WYDEN, Affairs. S. 108. A bill to amend title VII of the Pub- Ms. CANTWELL, Mrs. CLINTON, Mr. By Mr. ALLARD: lic Health Service Act to make certain grad- MENENDEZ, and Mr. NELSON of Flor- S. 132. A bill to end the trafficking of uate programs in professional psychology el- ida): methamphetamines and precursor chemicals igible to participate in various health profes- S. 119. A bill to prohibit profiteering and across the United States and its borders; to sions loan programs; to the Committee on fraud relating to military action, relief, and the Committee on the Judiciary. Health, Education, Labor, and Pensions. reconstruction efforts, and for other pur- By Mr. OBAMA (for himself, Mr. By Mr. REID (for Mr. INOUYE): poses; to the Committee on the Judiciary. S. 109. A bill to recognize the organization LUGAR, and Mr. HARKIN): By Mrs. CLINTON (for herself, Mr. S. 133. A bill to promote the national secu- known as the National Academics of Prac- SCHUMER, Mr. KENNEDY, Mr. MENEN- tice; to the Committee on the Judiciary. rity and stability of the economy of the DEZ, and Mr. LAUTENBERG): United States by reducing the dependence of By Mr. REID (for Mr. INOUYE): S. 120. A bill to establish a grant program the United States on oil through the use of S. 110. A bill to allow the psychiatric or for individuals still suffering health effects psychological examinations required under alternative fuels and new technology, and for as a result of the September 11, 2001, attacks other purposes; to the Committee on Fi- chapter 313 of title 18, United States Code, in New York City and at the Pentagon; to relating to offenders with mental disease or nance. the Committee on Health, Education, Labor, By Mr. ALLARD (for himself and Mr. defect, to be conducted by a clinical social and Pensions. SALAZAR): worker; to the Committee on the Judiciary. By Mr. FEINGOLD (for himself and By Mr. REID (for Mr. INOUYE): S. 134. A bill to authorize the construction Mrs. BOXER): of the Arkansas Valley Conduit in the State S. 111. A bill to amend title 10, United S. 121. A bill to provide for the redeploy- of Colorado, and for other purposes; to the States Code, to recognize the United States ment of United States forces from Iraq; to Committee on Energy and Natural Re- Military Cancer Institute as an establish- the Committee on Foreign Relations. sources. ment within the Uniformed Services Univer- By Mr. BAUCUS (for himself and Mr. By Mr. ALLARD: sity of the Health Sciences, to require the OLEMAN): C S. 135. A bill to authorize the Secretary of Institute to promote the health of members S. 122. A bill to amend the Trade Act of the Army to acquire land for the purposes of of the Armed Forces and their dependents by 1974 to extend benefits to service sector enhancing cancer research and treatment, to workers and firms, enhance certain trade ad- expanding Pinon Canyon Maneuver Site, and provide for a study of the epidemiological justment assistance authorities, and for for other purposes; to the Committee on causes of cancer among various ethnic other purposes; to the Committee on Fi- Armed Services. groups for cancer prevention and early detec- nance. By Mr. ALLARD: S. 136. A bill to expand the National Do- tion efforts, and for other purposes; to the By Ms. LANDRIEU: Committee on Armed Services. S. 123. A bill to authorize the project for mestic Preparedness Consortium to include By Mr. REID (for Mr. INOUYE): hurricane and storm damage reduction, the Transportation Technology Center; to S. 112. A bill to amend title XIX of the So- Morganza to the Gulf of Mexico, Louisiana; the Committee on Homeland Security and cial Security Act to provide 100 percent re- to the Committee on Environment and Pub- Governmental Affairs. imbursement for medical assistance provided lic Works. By Mr. CARDIN: to a Native Hawaiian through a federally- By Mr. ALLARD: S. 137. A bill to amend title XVIII of the qualified health center or a Native Hawaiian S. 124. A bill to provide certain counties Social Security Act to provide additional health care system; to the Committee on Fi- with the ability to receive television broad- beneficiary protections; to the Committee on nance. cast signals of their choice; to the Com- Finance. By Mr. INHOFE (for himself, Mr. STE- mittee on Commerce, Science, and Transpor- By Mr. SCHUMER: VENS, Mr. THUNE, Mr. GRAHAM, Mr. tation and the Committee on Commerce, S. 138. A bill to amend the Internal Rev- CORNYN, Mr. CHAMBLISS, Mr. HATCH, Science, and Transportation. enue Code of 1986 to apply the joint return Mr. THOMAS, Ms. MURKOWSKI, Mr. EN- By Mr. ALLARD: limitation for capital gains exclusion to cer- SIGN, Mr. MCCAIN, Mr. MARTINEZ, Mr. S. 125. A bill to establish the Granada Re- tain post-marriage sales of principal resi- ROBERTS, and Mrs. DOLE): location Center National Historic Site as an dences by surviving spouses; to the Com- S. 113. A bill to make appropriations for affiliated unit of the National Park System; mittee on Finance. military construction and family housing to the Committee on Energy and Natural Re- By Mr. SCHUMER: projects for the Department of Defense for sources. S. 139. A bill to expedite review by the Su- fiscal year 2007; read the first time. By Mr. ALLARD (for himself and Mr. preme Court of the warrantless electronic By Mr. OBAMA: SALAZAR): surveillance program of the National Secu- S. 114. A bill to authorize resources for a S. 126. A bill to modify the boundary of rity Agency; to the Committee on the Judi- grant program for local educational agencies Mesa Verde National Park, and for other ciary. to create innovation districts; to the Com- purposes; to the Committee on Energy and By Mr. SCHUMER (for himself and Mr. mittee on Health, Education, Labor, and Natural Resources. CRAPO): Pensions. By Mr. ALLARD (for himself and Mr. S. 140. A bill to amend the Internal Rev- By Mr. OBAMA: SALAZAR): enue Code of 1986 to repeal the excise tax on S. 115. A bill to suspend royalty relief, to S. 127. A bill to amend the Great Sand telephone and other communications serv- repeal certain provisions of the Energy Pol- Dunes National Park and Preserve Act of ices; to the Committee on Finance.
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By Ms. CANTWELL: MURKOWSKI, Mr. BOND, Mr. THOMAS, S. 166. A bill to restrict any State from im- S. 141. A bill to amend the Internal Rev- Mr. MARTINEZ, Mr. ENZI, Ms. posing a new discriminatory tax on cell enue Code of 1986 to permanently increase LANDRIEU, and Mr. CRAIG): phone services; to the Committee on Fi- the maximum annual contribution allowed S. 154. A bill to promote coal-to-liquid fuel nance. to be made to Coverdell education savings activities; to the Committee on Energy and By Mrs. BOXER: accounts, and to provide for a deduction for Natural Resources. S. 167. A bill to amend the Clean Air Act to contributions to education savings accounts; By Mr. BUNNING (for himself, Mr. require the Secretary of Energy to provide to the Committee on Finance. OBAMA, Mr. LUGAR, Mr. PRYOR, Ms. grants to eligible entities to carry out re- By Ms. CANTWELL (for herself, Mrs. MURKOWSKI, Mr. BOND, Mr. THOMAS, search, development, and demonstration MURRAY, and Ms. MIKULSKI): Mr. MARTINEZ, Mr. ENZI, Ms. projects of cellulosic ethanol and construct S. 142. A bill to amend title XXI of the So- LANDRIEU, and Mr. CRAIG): infrastructure that enables retail gas sta- cial Security Act to allow qualifying States S. 155. A bill to promote coal-to-liquid fuel tions to dispense cellulosic ethanol for vehi- to use all or any portion of their allotments activities; to the Committee on Finance. cle fuel to reduce the consumption of petro- under the State Children’s Health Insurance By Mr. REID (for Mr. WYDEN (for him- leum-based fuel; to the Committee on Envi- Program for certain Medicaid expenditures; self, Mr. MCCAIN, and Mr. SUNUNU)): ronment and Public Works. to the Committee on Finance. S. 156. A bill to make the moratorium on By Mr. ALLARD (for himself and Mr. By Ms. CANTWELL (for herself, Mrs. Internet access taxes and multiple and dis- SALAZAR): S. 168. A bill to direct the Secretary of Vet- MURRAY, and Mr. NELSON of Florida): criminatory taxes on electronic commerce S. 143. A bill to amend the Internal Rev- permanent; to the Committee on Commerce, erans Affairs to establish a national ceme- enue Code of 1986 to make permanent the de- Science, and Transportation. tery for veterans in the Pikes Peak Region duction of State and local general sales By Ms. CANTWELL: of Colorado; to the Committee on Veterans’ Affairs. taxes; to the Committee on Finance. S. 157. A bill to permanently increase the By Mr. ALLARD (for himself and Mr. By Mrs. BOXER (for herself and Mrs. maximum annual contribution allowed to be made to Coverdell education savings ac- LEVIN): FEINSTEIN): S. 169. A bill to amend the National Trails S. 144. A bill to provide Federal coordina- counts; to the Committee on Finance. System Act to clarify Federal authority re- tion and assistance in preventing gang vio- By Ms. COLLINS (for herself and Ms. lating to land acquisition from willing sell- lence; to the Committee on the Judiciary. LANDRIEU): S. 158. A bill to expand access to affordable ers for the majority of the trails in the Sys- By Mrs. BOXER (for herself, Mr. SMITH, health care and to strengthen the health tem, and for other purposes; to the Com- and Mr. WYDEN): care safety net and make health care serv- mittee on Energy and Natural Resources. S. 145. A bill to make funds available for By Mr. ENSIGN (for himself, Mr. Pacific Salmon emergency disaster assist- ices more available in rural and underserved CRAIG, Mr. DEMINT, Mr. COBURN, Mr. ance; to the Committee on Commerce, areas; to the Committee on Finance. STEVENS, Mr. MCCAIN, Mr. VITTER, Science, and Transportation. By Mr. LEAHY (for himself and Mr. SANDERS): and Mr. CRAPO): By Mrs. BOXER: S. 170. A bill to amend the Internal Rev- S. 146. A bill to require the Federal Gov- S. 159. A bill to redesignate the White Rocks National Recreation Area in the State enue Code of 1986 to repeal the excise tax on ernment to purchase fuel efficient auto- telephone and other communications serv- mobiles, and for other purposes; to the Com- of Vermont as the ‘‘Robert T. Stafford White Rocks National Recreation Area″; considered ices; to the Committee on Finance. mittee on Commerce, Science, and Transpor- and passed. By Mr. INHOFE (for himself and Mr. tation. By Mr. THUNE: COBURN): By Mrs. BOXER (for herself, Mr. BIDEN, S. 160. A bill to provide for compensation S. 171. A bill to designate the facility of and Mr. DODD): to the Lower Brule and Crow Creek Sioux the United States Postal Service located at S. 147. A bill to empower women in Afghan- Tribes of South Dakota for damage to tribal 301 Commerce Street in Commerce, Okla- istan, and for other purposes; to the Com- land caused by Pick-Sloan projects along the homa, as the ‘‘Mickey Mantle Post Office mittee on Foreign Relations. Missouri River; to the Committee on Indian Building’’; to the Committee on Homeland By Mr. LAUTENBERG (for himself and Affairs. Security and Governmental Affairs. Mr. MENENDEZ): By Mr. THUNE: By Mr. INHOFE: S. 148. A bill to establish the Paterson S. 161. A bill to amend title 38, United S. 172. A bill to prohibit Federal funding Great Falls National Park in the State of States Code, to provide for annual cost-of- for the Organization for Economic Co-oper- New Jersey, and for other purposes; to the living adjustments to be made automatically ation and Development; to the Committee on Committee on Energy and Natural Re- by law each year in the rates of disability Banking, Housing, and Urban Affairs. sources. compensation for veterans with service-con- By Mr. INHOFE (for himself and Mr. By Mrs. FEINSTEIN (for herself and nected disabilities and the rates of depend- DEMINT): S. 173. A bill to amend title XVIII of the Mr. SESSIONS): ency and indemnity compensation for sur- Social Security Act to establish Medicare S. 149. A bill to address the effect of the vivors of certain service-connected disabled Health Savings Accounts; to the Committee death of a defendant in Federal criminal pro- veterans; to the Committee on Veterans’ Af- on Finance. ceedings; to the Committee on the Judiciary. fairs. By Mrs. BOXER (for herself, Mrs. FEIN- By Mr. INHOFE: By Mr. LUGAR: S. 174. A bill to amend the Head Start Act STEIN, and Mr. LAUTENBERG): S. 162. A bill to amend the Internal Rev- to require parental consent for non- S. 150. A bill to amend the safe Drinking enue Code of 1986 to modify the alcohol cred- emergency intrusive physical examinations; Water Act to protect the health of pregnant it and the alternative fuel credit, to amend women, fetuses, infants, and children by re- to the Committee on Health, Education, the Clean Air Act to promote the installa- Labor, and Pensions. quiring a health advisory and drinking water tion of fuel pumps for E-85 fuel, to amend standard for perchlorate; to the Committee By Mr. INHOFE: title 49 of the United States Code to require S. 175. A bill to provide for a feasibility on Environment and Public Works. the manufacture of dual fueled automobiles, By Mrs. BOXER (for herself and Mrs. study of alternatives to augment the water and for other purposes; to the Committee on supplies of the Central Oklahoma Master FEINSTEIN): Finance. S. 151. A bill to permanently prohibit oil Conservancy District and cities served by By Mr. KERRY (for himself, Ms. the District; to the Committee on Energy and gas leasing off the coast of the State of SNOWE, Ms. LANDRIEU, and Mr. and Natural Resources. California, and for other purposes; to the VITTER): By Mr. INHOFE (for himself and Mr. Committee on Energy and Natural Re- S. 163. A bill to improve the disaster loan COBURN): sources. program of the Small Business Administra- S. 176. A bill to amend the Internal Rev- By Mrs. BOXER: tion, and for other purposes; to the Com- enue Code of 1986 to permanently extend the S. 152. A bill to amend the Elementary and mittee on Small Business and Entrepreneur- Indian employment credit and the deprecia- Secondary Education Act of 1965 to establish ship. tion rules for property used predominantly a program to help States expand the edu- By Mr. KENNEDY: within an Indian reservation; to the Com- cational system to include at least 1 year of S. 164. A bill to modernize the education mittee on Finance. early education preceding the year a child system of the United States; to the Com- By Mr. INHOFE: enters kindergarten; to the Committee on mittee on Health, Education, Labor, and S. 177. A bill to authorize the Secretary of Health, Education, Labor, and Pensions. Pensions. the Interior to convey to the McGee Creek By Mrs. BOXER: By Mr. ALLARD (for himself, Mr. ROB- Authority certain facilities of the McGee S. 153. A bill to provide for the monitoring ERTS, Mr. DOMENICI, Mr. INHOFE, and Creek Project, Oklahoma, and for other pur- of the long-term medical health of fire- Mr. HAGEL): poses; to the Committee on Energy and Nat- fighters who responded to emergencies in S. 165. A bill to require the Secretary of ural Resources. certain disaster areas and for the treatment Agriculture to provide compensation for cer- By Mr. INHOFE: of such firefighters; to the Committee on tain livestock losses; to the Committee on S. 178. A bill to protect freedom of speech Commerce, Science, and Transportation. Agriculture, Nutrition, and Forestry. exercisable by houses of worship or medita- By Mr. BUNNING (for himself, Mr. By Mr. McCAIN (for himself, Mr. tion and affiliated organizations; to the OBAMA, Mr. LUGAR, Mr. PRYOR, Ms. DEMINT, Mr. SMITH, and Mr. SUNUNU): Committee on Finance.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S41 By Mr. ENSIGN (for himself and Mr. By Mrs. HUTCHISON (for herself and By Mr. REID (for himself and Mr. AKAKA): Mr. CORNYN): MCCONNELL): S. 179. A bill to amend title 10, United S. 190. A bill to provide a technical correc- S. Res. 8. A resolution electing Nancy States Code, to establish the position of Dep- tion to the Pension Protection Act of 2006; to Erickson as Secretary of the Senate; consid- uty Secretary of Defense for Management, the Committee on Health, Education, Labor, ered and agreed to. and for other purposes; to the Committee on and Pensions. By Mr. REID (for himself and Mr. Armed Services. By Mrs. HUTCHISON (for herself and MCCONNELL): By Mrs. HUTCHISON (for herself, Mr. Mr. CORNYN): S. Res. 9. A resolution notifying the Presi- CORNYN, Mr. ALEXANDER, Mr. ENSIGN, S. 191. A bill to provide relief for all air dent of the United States of the election of Mr. ENZI, Mr. MARTINEZ, Mr. THUNE, carriers with pension plans that are not fro- the Secretary of the Senate; considered and and Mr. STEVENS): zen pension plans; to the Committee on agreed to. S. 180. A bill to provide a permanent deduc- Health, Education, Labor, and Pensions. By Mr. REID (for himself and Mr. tion for State and local general sales taxes; By Mr. MCCAIN (for himself, Mr. MCCONNELL): to the Committee on Finance. LIEBERMAN, Ms. COLLINS, and Mr. S. Res. 10. A resolution notifying the House By Mrs. HUTCHISON (for herself, Mr. FEINGOLD): of Representatives of the election of a Sec- CORNYN, Mr. BUNNING, Mr. ENSIGN, S. 192. A bill providing greater trans- retary of the Senate; considered and agreed Mr. HAGEL, Mr. MARTINEZ, Mr. parency with respect to lobbying activities, to. VITTER, Mr. CHAMBLISS, Mr. STEVENS, and for other purposes; to the Committee on By Mr. REID (for himself and Mr. and Mr. BROWNBACK): Homeland Security and Governmental Af- MCCONNELL): S. 181. A bill to provide permanent tax re- fairs. S. Res. 11. A resolution electing Terrance lief from the marriage penalty; to the Com- By Mr. LUGAR (for himself, Mr. BIDEN, W. Gainer as the Sergeant at Arms and Door- mittee on Finance. Mr. CRAIG, Mr. SALAZAR, Ms. SNOWE, keeper of the Senate; considered and agreed By Mrs. FEINSTEIN (for herself, Mrs. Ms. LANDRIEU, Mr. COLEMAN, Mr. to. HUTCHISON, Mr. FEINGOLD, Mr. LIEBERMAN, and Mr. HAGEL): By Mr. REID (for himself and Mr. LEAHY, Ms. SNOWE, Mr. KENNEDY, and S. 193. A bill to increase cooperation on en- MCCONNELL): Mr. DURBIN): ergy issues between the United States Gov- S. Res. 12. A resolution notifying the Presi- S. 182. A bill to authorize the Attorney ernment and foreign governments and enti- dent of the United States of the election of General to make grants to improve the abil- ties in order to secure the strategic and eco- a Sergeant at Arms and Doorkeeper of the ity of State and local governments to pre- nomic interests of the United States, and for Senate; considered and agreed to. vent the abduction of children by family other purposes; to the Committee on Foreign By Mr. REID (for himself and Mr. members, and for other purposes; to the Relations. MCCONNELL): Committee on the Judiciary. By Mr. CRAIG: S. Res. 13. A resolution notifying the House By Mr. STEVENS: S.J. Res. 1. A joint resolution proposing an of Representatives of the election of a Ser- S. 183. A bill to require the establishment amendment to the Constitution of the geant at Arms and Doorkeeper of the Senate; of a corporate average fuel economy stand- United States relative to require a balanced considered and agreed to. ard for passenger automobiles of 40 miles per budget and protect Social Security sur- By Mr. REID: gallon 2017, and for other purposes; to the pluses; to the Committee on the Judiciary. S. Res. 14. A resolution electing Martin P. Paone of Virginia as Secretary for the Ma- Committee on Commerce, Science, and f Transportation. jority of the Senate; considered and agreed By Mr. INOUYE (for himself, Mr. STE- SUBMISSION OF CONCURRENT AND to. VENS, Mr. LAUTENBERG, Ms. SNOWE, SENATE RESOLUTIONS By Mr. MCCONNELL: S. Res. 15. A resolution electing David J. Mr. ROCKEFELLER, Mr. KERRY, Mr. The following concurrent resolutions LIEBERMAN, Mrs. BOXER, Mr. PRYOR, Schiappa of Maryland as Secretary for the and Senate resolutions were read, and Mr. CARPER, Mr. BIDEN, Mr. BAUCUS, Minority of the Senate; considered and Mrs. CLINTON, and Mr. SCHUMER): referred (or acted upon), as indicated: agreed to. S. 184. A bill to provide improved rail and By Mr. REID (for himself and Mr. By Mr. REID (for himself and Mr. surface transportation security; to the Com- MCCONNELL): MCCONNELL): mittee on Commerce, Science, and Transpor- S. Res. 1. A resolution informing the Presi- S. Res. 16. A resolution to make effective tation. dent of the United States that a quorum of appointment of the Senate Legal Counsel; By Mr. SPECTER (for himself and Mr. each House is assembled; considered and considered and agreed to. LEAHY): agreed to. By Mr. MCCONNELL (for himself and S. 185. A bill to restore habeas corpus for By Mr. REID (for himself and Mr. Mr. REID): those detained by the United States; to the MCCONNELL): S. Res. 17. A resolution to make effective Committee on the Judiciary. S. Res. 2. A resolution informing the House appointment of the Deputy Senate Legal By Mr. SPECTER: of Representatives that a quorum of the Sen- Counsel; considered and agreed to. S. 186. A bill to provide appropriate protec- ate is assembled; considered and agreed to. By Mr. REID (for Mr. INOUYE): tion to attorney-client privileged commu- By Mr. REID (for himself and Mr. S. Res. 18. A resolution expressing the nications and attorney work product; to the MCCONNELL): sense of the Senate regarding designation of Committee on the Judiciary. S. Res. 3. A resolution to elect Robert C. the month of November as ‘‘National Mili- By Mr. SPECTER: Byrd, a Senator from the State of West Vir- tary Family Month’’; to the Committee on S. 187. A bill to provide sufficient resources ginia, to be President pro tempore of the Armed Services. to permit electronic surveillance of United Senate of the United States; considered and By Mr. REID (for himself, Mr. MCCON- States persons for foreign intelligence pur- agreed to. NELL, Ms. STABENOW, Mr. LEVIN, Mr. poses to be conducted pursuant to individ- By Mr. REID (for himself and Mr. AKAKA, Mr. ALEXANDER, Mr. ALLARD, ualized court-issued orders for calls origi- MCCONNELL): Mr. BAUCUS, Mr. BAYH, Mr. BENNETT, nating in the United States, to provide addi- S. Res. 4. A resolution notifying the Presi- Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, tional resources to enhance oversight and dent of the United States of the election of Mrs. BOXER, Mr. BROWN, Mr. streamline the procedures of the Foreign In- a President pro tempore; considered and BROWNBACK, Mr. BUNNING, Mr. BURR, telligence Surveillance Act of 1978, to ensure agreed to. Mr. BYRD, Ms. CANTWELL, Mr. review of the Terrorist Surveillance Pro- By Mr. REID (for himself and Mr. CARDIN, Mr. CARPER, Mr. CASEY, Mr. gram by the United States Supreme Court, MCCONNELL): CHAMBLISS, Mrs. CLINTON, Mr. and for other purposes; to the Committee on S. Res. 5. A resolution notifying the House COBURN, Mr. COCHRAN, Mr. COLEMAN, the Judiciary. of Representatives of the election of a Presi- Ms. COLLINS, Mr. CONRAD, Mr. CORK- By Mr. SALAZAR (for himself, Mr. dent pro tempore; considered and agreed to. ER, Mr. CORNYN, Mr. CRAIG, Mr. LEAHY, Mr. REID, Mr. MENENDEZ, By Mr. McCONNELL (for himself and CRAPO, Mr. DEMINT, Mr. DODD, Mrs. Mrs. BOXER, and Mrs. FEINSTEIN): Mr. REID): DOLE, Mr. DOMENICI, Mr. DORGAN, Mr. S. 188. A bill to revise the short title of the S. Res. 6. A resolution expressing the DURBIN, Mr. ENSIGN, Mr. ENZI, Mr. Fannie Lou Hamer, Rosa Parks, and Coretta thanks of the Senate to the Honorable Ted FEINGOLD, Mrs. FEINSTEIN, Mr. Scott King Voting Rights Act Reauthoriza- Stevens for his service as President Pro GRAHAM, Mr. GRASSLEY, Mr. GREGG, tion and Amendments Act of 2006; to the Tempore of the United States Senate and to Mr. HAGEL, Mr. HARKIN, Mr. HATCH, Committee on the Judiciary. designate Senator Stevens as President Pro Mrs. HUTCHISON, Mr. INHOFE, Mr. By Mr. LEVIN: Tempore Emeritus of the United States Sen- INOUYE, Mr. ISAKSON, Mr. JOHNSON, S. 189. A bill to decrease the matching ate; considered and agreed to. Mr. KENNEDY, Mr. KERRY, Ms. funds requirements and authorize additional By Mr. REID (for himself and Mr. KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. appropriations for Keweenaw National His- MCCONNELL): LANDRIEU, Mr. LAUTENBERG, Mr. torical Park in the State of Michigan; to the S. Res. 7. A resolution fixing the hour of LEAHY, Mr. LIEBERMAN, Mrs. LIN- Committee on Energy and Natural Re- daily meeting of the Senate; considered and COLN, Mr. LOTT, Mr. LUGAR, Mr. MAR- sources. agreed to. TINEZ, Mr. MCCAIN, Mrs. MCCASKILL,
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Mr. MENENDEZ, Ms. MIKULSKI, Ms. Sec. 114. Requirement of notice of intent to (1) the matter in such conference report MURKOWSKI, Mrs. MURRAY, Mr. NEL- proceed. shall be deemed to have been struck; SON of Florida, Mr. NELSON of Ne- Sec. 115. Effective date. (2) when all other points of order under braska, Mr. OBAMA, Mr. PRYOR, Mr. TITLE II—LOBBYING TRANSPARENCY this section have been disposed of— REED, Mr. ROBERTS, Mr. ROCKE- AND ACCOUNTABILITY ACT OF 2007 (A) the Senate shall proceed to consider FELLER, Mr. SALAZAR, Mr. SANDERS, Sec. 201. Short title. the question of whether the Senate should Mr. SCHUMER, Mr. SESSIONS, Mr. recede from its amendment to the House bill, Subtitle A—Enhancing Lobbying Disclosure SHELBY, Mr. SMITH, Ms. SNOWE, Mr. or its disagreement to the amendment of the SPECTER, Mr. STEVENS, Mr. SUNUNU, Sec. 211. Quarterly filing of lobbying disclo- House, and concur with a further amend- Mr. TESTER, Mr. THOMAS, Mr. THUNE, sure reports. ment, which further amendment shall con- Sec. 212. Annual report on contributions. Mr. VITTER, Mr. VOINOVICH, Mr. WAR- sist of only that portion of the conference re- Sec. 213. Public database of lobbying disclo- NER, Mr. WEBB, Mr. WHITEHOUSE, and port not deemed to have been struck; sure information. Mr. WYDEN): (B) the question shall be debatable; and Sec. 214. Disclosure by registered lobbyists S. Res. 19. A resolution honoring President (C) no further amendment shall be in of all past executive and Con- Gerald Rudolph Ford; ordered held at the order; and gressional employment. desk. (3) if the Senate agrees to the amendment, Sec. 215. Disclosure of lobbyist travel and By Mrs. CLINTON: then the bill and the Senate amendment payments. S. Res. 20. A resolution recognizing the un- thereto shall be returned to the House for its common valor of Wesley Autry of New York, Sec. 216. Increased penalty for failure to comply with lobbying disclo- concurrence in the amendment of the Sen- New York; to the Committee on the Judici- ate. ary. sure requirements. Sec. 217. Disclosure of lobbying activities by (c) SUPERMAJORITY WAIVER AND APPEAL.— By Mr. ALLARD: This section may be waived or suspended in S. Con. Res. 1. A concurrent resolution ex- certain coalitions and associa- the Senate only by an affirmative vote of 3⁄5 pressing the sense of Congress that an artis- tions. Sec. 218. Disclosure of enforcement for non- of the Members, duly chosen and sworn. An tic tribute to commemorate the speech given compliance. affirmative vote of 3⁄5 of the Members of the by President Ronald Reagan at the Branden- Sec. 219. Electronic filing of lobbying disclo- Senate, duly chosen and sworn, shall be re- burg Gate on June 12, 1987, should be placed sure reports. quired in the Senate to sustain an appeal of within the United States Capitol; to the Sec. 220. Disclosure of paid efforts to stimu- the ruling of the Chair on a point of order Committee on Rules and Administration. late grassroots lobbying. raised under this section. f Sec. 221. Electronic filing and public data- SEC. 103. EARMARKS. STATEMENTS ON INTRODUCED base for lobbyists for foreign governments. The Standing Rules of the Senate are BILLS AND JOINT RESOLUTIONS Sec. 222. Effective date. amended by adding at the end the following: Subtitle B—Oversight of Ethics and ‘‘RULE XLIV By Mr. REID (for himself, Mr. Lobbying ‘‘EARMARKS MCCONNELL, Mr. DURBIN, Mr. Sec. 231. Comptroller General audit and an- LOTT, Mrs. FEINSTEIN, Mr. BEN- nual report. ‘‘1. In this rule— Sec. 232. Mandatory Senate ethics training NETT, Mr. LIEBERMAN, Ms. COL- ‘‘(1) the term ‘earmark’ means a provision for Members and staff. LINS, Mr. SCHUMER, Ms. MIKUL- that specifies the identity of a non-Federal Sec. 233. Sense of the Senate regarding self- entity to receive assistance and the amount SKI, Mrs. CANTWELL, Mr. LEAHY, regulation within the Lobbying of the assistance; and Ms. STABENOW, Mr. WEBB, Mr. community. ‘‘(2) the term ‘assistance’ means budget au- LAUTENBERG and Mr. MENEN- Sec. 234. Annual ethics committees reports. thority, contract authority, loan authority, DEZ): Subtitle C—Slowing the Revolving Door and other expenditures, and tax expenditures S. 1. A bill to provide greater trans- Sec. 241. Amendments to restrictions on or other revenue items. parency in the legislative process; former officers, employees, and ‘‘2. It shall not be in order to consider any placed on the calendar. elected officials of the execu- Senate bill or Senate amendment or con- S. 1 tive and legislative branches. ference report on any bill, including an ap- Be it enacted by the Senate and House of Rep- Subtitle D—Ban on Provision of Gifts or propriations bill, a revenue bill, and an au- resentatives of the United States of America in Travel by Lobbyists in Violation of the thorizing bill, unless a list of— Congress assembled, Rules of Congress ‘‘(1) all earmarks in such measure; SECTION 1. TABLE OF CONTENTS. Sec. 251. Prohibition on provision of gifts or ‘‘(2) an identification of the Member or The table of contents for this Act is as fol- travel by registered lobbyists Members who proposed the earmark; and lows: to Members of Congress and to ‘‘(3) an explanation of the essential govern- Sec. 1. Table of contents. Congressional employees. mental purpose for the earmark; TITLE I—LEGISLATIVE TRANSPARENCY Subtitle E—Commission to Strengthen is available along with any joint statement AND ACCOUNTABILITY ACT OF 2007 Confidence in Congress Act of 2007 of managers associated with the measure to Sec. 101. Short title. Sec. 261. Short title. all Members and made available on the Sec. 102. Out of scope matters in conference Sec. 262. Establishment of commission. Internet to the general public for at least 48 reports. Sec. 263. Purposes. hours before its consideration.’’. Sec. 264. Composition of commission. Sec. 103. Earmarks. SEC. 104. AVAILABILITY OF CONFERENCE RE- Sec. 104. Availability of conference reports Sec. 265. Functions of Commission. PORTS ON THE INTERNET. on the Internet. Sec. 266. Powers of Commission. Sec. 105. Elimination of floor privileges for Sec. 267. Administration. (a) IN GENERAL.— former Members, Senate offi- Sec. 268. Security clearances for Commis- (1) AMENDMENT.—Rule XXVIII of all the cers, and Speakers of the House sion Members and staff. Standing Rules of the Senate is amended by who are lobbyists or seek finan- Sec. 269. Commission reports; termination. adding at the end the following: cial gain. Sec. 270. Funding. ‘‘7. It shall not be in order to consider a Sec. 106. Ban on gifts from lobbyists. TITLE I—LEGISLATIVE TRANSPARENCY conference report unless such report is avail- Sec. 107. Travel restrictions and disclosure. AND ACCOUNTABILITY ACT OF 2007 able to all Members and made available to Sec. 108. Post employment restrictions. SEC. 101. SHORT TITLE. the general public by means of the Internet Sec. 109. Public disclosure by Members of for at least 48 hours before its consider- Congress of employment nego- This title may be cited as the ‘‘Legislative Transparency and Accountability Act of ation.’’. tiations. (2) EFFECTIVE DATE.—This subsection shall Sec. 110. Prohibit official contact with 2007’’. take effect 60 days after the date of enact- spouse or immediate family SEC. 102. OUT OF SCOPE MATTERS IN CON- ment of this title. member of Member who is a FERENCE REPORTS. registered lobbyist. (a) IN GENERAL.—A point of order may be (b) IMPLEMENTATION.—Not later than 60 Sec. 111. Influencing hiring decisions. made by any Senator against consideration days after the date of enactment of this Sec. 112. Sense of the Senate that any appli- of a conference report that includes any mat- title, the Secretary of the Senate, in con- cable restrictions on Congres- ter not committed to the conferees by either sultation with the Clerk of the House of Rep- sional branch employees should House. The point of order shall be made and resentatives, the Government Printing Of- apply to the Executive and Ju- voted on separately for each item in viola- fice, and the Committee on Rules and Ad- dicial branches. tion of this section. ministration, shall develop a website capable Sec. 113. Amounts of COLA adjustments not (b) DISPOSITION.—If the point of order of complying with the requirements of para- paid to certain Members of Con- against a conference report under subsection graph 7 of rule XXVIII of the Standing Rules gress. (a) is sustained, then— of the Senate, as added by subsection (a).
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S43 SEC. 105. ELIMINATION OF FLOOR PRIVILEGES graph, the Member, officer, or employee of pay is equal to or greater than 75 percent FOR FORMER MEMBERS, SENATE shall file with the Select Committee on Eth- of the rate of pay of a Member and employed OFFICERS, AND SPEAKERS OF THE ics and the Secretary of the Senate a de- at such rate for more than 60 days in a cal- HOUSE WHO ARE LOBBYISTS OR scription of meetings and events attended endar year, upon leaving that position, be- SEEK FINANCIAL GAIN. comes a registered lobbyist under the Lob- Rule XXIII of the Standing Rules of the during such travel and the names of any reg- bying Disclosure Act of 1995, or is employed Senate is amended by— istered lobbyist who accompanied the Mem- or retained by such a registered lobbyist for (1) inserting ‘‘1.’’ before ‘‘Other’’; ber, officer, or employee during the travel, the purpose of influencing legislation, such (2) inserting after ‘‘Ex-Senators and Sen- except when disclosure of such information employee may not lobby any Member, offi- ators elect’’ the following: ‘‘, except as pro- is deemed by the Member or supervisor under cer, or employee of the Senate for a period of vided in paragraph 2’’; whose direct supervision the employee is em- 1 year after leaving that position.’’. (3) inserting after ‘‘Ex-Secretaries and ex- ployed to jeopardize the safety of an indi- (b) EFFECTIVE DATE.—This section shall Sergeants at Arms of the Senate’’ the fol- vidual or adversely affect national security. Such information shall also be posted on the take effect 60 days after the date of enact- lowing: ‘‘, except as provided in paragraph ment of this title. 2’’; Member’s official website not later than 30 SEC. 109. PUBLIC DISCLOSURE BY MEMBERS OF (4) inserting after ‘‘Ex-Speakers of the days after the completion of the travel, ex- cept when disclosure of such information is CONGRESS OF EMPLOYMENT NEGO- House of Representatives’’ the following: ‘‘, TIATIONS. except as provided in paragraph 2’’; and deemed by the Member to jeopardize the safety of an individual or adversely affect Rule XXXVII of the Standing Rules of the (5) adding at the end the following: Senate is amended by adding at the end the ‘‘2. (a) The floor privilege provided in para- national security.’’. (b) DISCLOSURE OF NONCOMMERCIAL AIR following: graph 1 shall not apply to an individual cov- ‘‘14. A Member shall not directly negotiate TRAVEL.— ered by this paragraph who is— or have any arrangement concerning pro- (1) RULES.—Paragraph 2 of rule XXXV of ‘‘(1) a registered lobbyist or agent of a for- spective private employment until after the the Standing Rules of the Senate, as amend- eign principal; or election for his or her successor has been ed by subsection (a), is amended by adding at ‘‘(2) is in the employ of or represents any held, unless such Member files a statement party or organization for the purpose of in- the end the following: ‘‘(g) A Member, officer, or employee of the with the Secretary of the Senate, for public fluencing, directly, or indirectly, the pas- disclosure, regarding such negotiations or Senate shall— sage, defeat, or amendment of any legisla- arrangements within 3 business days after ‘‘(1) disclose a flight on an aircraft that is tive proposal. the commencement of such negotiation or not licensed by the Federal Aviation Admin- ‘‘(b) The Committee on Rules and Adminis- arrangement, including the name of the pri- istration to operate for compensation or tration may promulgate regulations to allow vate entity or entities involved in such nego- individuals covered by this paragraph floor hire, excluding a flight on an aircraft owned, tiations or arrangements, the date such ne- privileges for ceremonial functions and operated, or leased by a governmental enti- gotiations or arrangements commenced, and events designated by the Majority Leader ty, taken in connection with the duties of must be signed by the Member.’’. the Member, officer, or employee as an of- and the Minority Leader.’’. SEC. 110. PROHIBIT OFFICIAL CONTACT WITH SEC. 106. BAN ON GIFTS FROM LOBBYISTS. ficeholder or Senate officer or employee; and SPOUSE OR IMMEDIATE FAMILY Paragraph 1(a)(2) of rule XXXV of the ‘‘(2) with respect to the flight, file a report MEMBER OF MEMBER WHO IS A REG- Standing Rules of the Senate is amended with the Secretary of the Senate, including ISTERED LOBBYIST. by— the date, destination, and owner or lessee of Rule XXXVII of the Standing Rules of the (1) inserting ‘‘(A)’’ after ‘‘(2)’’; and the aircraft, the purpose of the trip, and the Senate is amended by— (2) adding at the end the following: persons on the trip, except for any person (1) redesignating paragraphs 10 through 12 ‘‘(B) This clause shall not apply to a gift flying the aircraft.’’. as paragraphs 11 through 13, respectively; from a registered lobbyist or an agent of a (2) FECA.—Section 304(b) of the Federal and foreign principal.’’. Election Campaign Act of 1971 (2 U.S.C. (2) inserting after paragraph 9, the fol- SEC. 107. TRAVEL RESTRICTIONS AND DISCLO- 434(b)) is amended— lowing: SURE. (A) by striking ‘‘and’’ at the end of para- ‘‘10. (a) If a Member’s spouse or immediate (a) IN GENERAL.—Paragraph 2 of rule graph (7); family member is a registered lobbyist under XXXV of the Standing Rules of the Senate is (B) by striking the period at the end of the Lobbying Disclosure Act of 1995, or is amended by adding at the end the following: paragraph (8) and inserting ‘‘; and’’; and employed or retained by such a registered ‘‘(f)(1) Before a Member, officer, or em- (C) by adding at the end the following: lobbyist for the purpose of influencing legis- ployee may accept transportation or lodging ‘‘(9) in the case of a principal campaign lation, the Member shall prohibit all staff otherwise permissible under this paragraph committee of a candidate (other than a can- employed by that Member (including staff in from any person, other than a governmental didate for election to the office of President personal, committee and leadership offices) entity, such Member, officer, or employee or Vice President), any flight taken by the from having any official contact with the shall— candidate (other than a flight designated to Member’s spouse or immediate family mem- ‘‘(A) obtain a written certification from transport the President, Vice President, or a ber. such person (and provide a copy of such cer- candidate for election to the office of Presi- ‘‘(b) In this paragraph, the term ‘imme- tification to the Select Committee on Eth- dent or Vice President) during the reporting diate family member’ means the son, daugh- ics) that— period on an aircraft that is not licensed by ter, stepson, stepdaughter, son-in-law, daughter-in-law, mother, father, stepmother, ‘‘(i) the trip was not financed in whole, or the Federal Aviation Administration to op- stepfather, mother-in-law, father-in-law, in part, by a registered lobbyist or foreign erate for compensation or hire, together brother, sister, stepbrother, or stepsister of agent; with the following information: the Member.’’. ‘‘(ii) the person did not accept, directly or ‘‘(A) The date of the flight. indirectly, funds from a registered lobbyist ‘‘(B) The destination of the flight. SEC. 111. INFLUENCING HIRING DECISIONS. or foreign agent specifically earmarked for ‘‘(C) The owner or lessee of the aircraft. Rule XLIII of the Standing Rules of the Senate is amended by adding at the end the the purpose of financing the travel expenses; ‘‘(D) The purpose of the flight. following: ‘‘(iii) the trip was not planned, organized, ‘‘(E) The persons on the flight, except for or arranged by or at the request of a reg- ‘‘6. No Member shall, with the intent to in- any person flying the aircraft.’’. fluence on the basis of partisan political af- istered lobbyist or foreign agent; and (c) PUBLIC AVAILABILITY.—Paragraph 2(e) filiation an employment decision or employ- ‘‘(iv) registered lobbyists will not partici- of rule XXXV of the Standing Rules of the ment practice of any private entity— pate in or attend the trip; Senate is amended to read as follows: ‘‘(B) provide the Select Committee on Eth- ‘‘(e) The Secretary of the Senate shall ‘‘(1) take or withhold, or offer or threaten ics (in the case of an employee, from the su- make available to the public all disclosures to take or withhold, an official act; or pervising Member or officer), in writing— filed pursuant to subparagraphs (f) and (g) as ‘‘(2) influence, or offer or threaten to influ- ‘‘(i) a detailed itinerary of the trip; and soon as possible after they are received and ence the official act of another.’’. ‘‘(ii) a determination that the trip— such matters shall be posted on the Mem- SEC. 112. SENSE OF THE SENATE THAT ANY AP- ‘‘(I) is primarily educational (either for the ber’s official website but no later than 30 PLICABLE RESTRICTIONS ON CON- GRESSIONAL BRANCH EMPLOYEES invited person or for the organization spon- days after the trip or flight.’’. SHOULD APPLY TO THE EXECUTIVE soring the trip); SEC. 108. POST EMPLOYMENT RESTRICTIONS. AND JUDICIAL BRANCHES. ‘‘(II) is consistent with the official duties (a) IN GENERAL.—Paragraph 9 of rule It is the sense of the Senate that any appli- of the Member, officer, or employee; XXXVII of the Standing Rules of the Senate cable restrictions on Congressional branch ‘‘(III) does not create an appearance of use is amended by— employees in this title should apply to the of public office for private gain; and (1) designating the first sentence as sub- Executive and Judicial branches. ‘‘(iii) has a minimal or no recreational paragraph (a); SEC. 113. AMOUNTS OF COLA ADJUSTMENTS NOT component; and (2) designating the second sentence as sub- PAID TO CERTAIN MEMBERS OF ‘‘(C) obtain written approval of the trip paragraph (b); and CONGRESS. from the Select Committee on Ethics. (3) adding at the end the following: (a) IN GENERAL.—Any adjustment under ‘‘(2) Not later than 30 days after comple- ‘‘(c) If an employee on the staff of a Mem- section 601(a) of the Legislative Reorganiza- tion of travel, approved under this subpara- ber or on the staff of a committee whose rate tion Act of 1946 (2 U.S.C. 31) (relating to the
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S44 CONGRESSIONAL RECORD — SENATE January 4, 2007 cost of living adjustments for Members of ginning on the 20th day of January, April, event was hosted, co-hosted, or otherwise Congress) shall not be paid to any Member of July, and October of each year or on the first sponsored, within the past year, and the date Congress who voted for any amendment (or business day after the 20th day if that day is and location of the event.’’. against the tabling of any amendment) that not a business day’’; and SEC. 213. PUBLIC DATABASE OF LOBBYING DIS- provided that such adjustment would not be (C) by striking ‘‘such semiannual period’’ CLOSURE INFORMATION. made. and inserting ‘‘such quarterly period’’; and (a) DATABASE REQUIRED.—Section 6 of the (b) DEPOSIT IN TREASURY.—Any amount (2) in subsection (b)— Act (2 U.S.C. 1605) is amended— not paid to a Member of Congress under sub- (A) in the matter preceding paragraph (1), (1) in paragraph (7), by striking ‘‘and’’ at section (a) shall be transmitted to the Treas- by striking ‘‘semiannual report’’ and insert- the end; ury for deposit in the appropriations account ing ‘‘quarterly report’’; (2) in paragraph (8), by striking the period under the subheading ‘‘medical services’’ (B) in paragraph (2), by striking ‘‘semi- and inserting ‘‘; and’’; and under the heading ‘‘veterans health adminis- annual filing period’’ and inserting ‘‘quar- (3) by adding at the end the following: tration’’. terly period’’; ‘‘(9) maintain, and make available to the (c) ADMINISTRATION.—The salary of any (C) in paragraph (3), by striking ‘‘semi- public over the Internet, without a fee or Member of Congress to whom subsection (a) annual period’’ and inserting ‘‘quarterly pe- other access charge, in a searchable, sort- applies shall be deemed to be the salary in riod’’; and able, and downloadable manner, an elec- effect after the application of that sub- (D) in paragraph (4), by striking ‘‘semi- tronic database that— section, except that for purposes of deter- annual filing period’’ and inserting ‘‘quar- ‘‘(A) includes the information contained in mining any benefit (including any retire- terly period’’. registrations and reports filed under this ment or insurance benefit), the salary of (b) CONFORMING AMENDMENTS.— Act; that Member of Congress shall be deemed to (1) DEFINITION.—Section 3(10) of the Act (2 ‘‘(B) directly links the information it con- be the salary that Member of Congress would U.S.C. 1602) is amended by striking ‘‘six tains to the information disclosed in reports have received, but for that subsection. month period’’ and inserting ‘‘three-month filed with the Federal Election Commission (d) EFFECTIVE DATE.—This section shall period’’. under section 304 of the Federal Election take effect on the first day of the first appli- (2) REGISTRATION.—Section 4 of the Act (2 Campaign Act of 1971 (2 U.S.C. 434); and cable pay period beginning on or after Feb- U.S.C. 1603) is amended— ‘‘(C) is searchable and sortable, at a min- ruary 1, 2008. (A) in subsection (a)(3)(A), by striking imum, by each of the categories of informa- SEC. 114. REQUIREMENT OF NOTICE OF INTENT ‘‘semiannual period’’ and inserting ‘‘quar- tion described in section 4(b) or 5(b).’’. TO PROCEED. terly period’’; and (b) AVAILABILITY OF REPORTS.—Section (a) IN GENERAL.—The majority and minor- (B) in subsection (b)(3)(A), by striking 6(a)(4) of the Act is amended by inserting be- ity leaders of the Senate or their designees ‘‘semiannual period’’ and inserting ‘‘quar- fore the semicolon the following: ‘‘and, in shall recognize a notice of intent of a Sen- terly period’’. the case of a report filed in electronic form ator who is a member of their caucus to ob- (3) ENFORCEMENT.—Section 6(a)(6) of the under section 5(e), shall make such report ject to proceeding to a measure or matter Act (2 U.S.C. 1605(6)) is amended by striking available for public inspection over the only if the Senator— ‘‘semiannual period’’ and inserting ‘‘quar- Internet not more than 48 hours after the re- (1) submits the notice of intent in writing terly period’’. port is filed’’. to the appropriate leader or their designee; (4) ESTIMATES.—Section 15 of the Act (2 and U.S.C. 1610) is amended— (c) AUTHORIZATION OF APPROPRIATIONS.— (2) within 3 session days after the submis- (A) in subsection (a)(1), by striking ‘‘semi- There are authorized to be appropriated such sion under paragraph (1), submits for inclu- annual period’’ and inserting ‘‘quarterly pe- sums as may be necessary to carry out para- sion in the Congressional Record and in the riod’’; and graph (9) of section 6(a) of the Act, as added applicable calendar section described in sub- (B) in subsection (b)(1), by striking ‘‘semi- by subsection (a). section (b) the following notice: annual period’’ and inserting ‘‘quarterly pe- SEC. 214. DISCLOSURE BY REGISTERED LOBBY- ‘‘I, Senator ll, intend to object to pro- riod’’. ISTS OF ALL PAST EXECUTIVE AND ceeding to ll, dated ll.’’. (5) DOLLAR AMOUNTS.— CONGRESSIONAL EMPLOYMENT. (b) CALENDAR.—The Secretary of the Sen- (A) REGISTRATION.—Section 4 of the Act (2 Section 4(b)(6) of the Act (2 U.S.C. 1603) is ate shall establish for both the Senate Cal- U.S.C. 1603) is amended— amended by striking ‘‘or a covered legisla- endar of Business and the Senate Executive (i) in subsection (a)(3)(A)(i), by striking tive branch official’’ and all that follows Calendar a separate section entitled ‘‘No- ‘‘$5,000’’ and inserting ‘‘$2,500’’; through ‘‘as a lobbyist on behalf of the cli- tices of Intent to Object to Proceeding’’. (ii) in subsection (a)(3)(A)(ii), by striking ent,’’ and inserting ‘‘or a covered legislative Each section shall include the name of each ‘‘$20,000’’ and inserting ‘‘$10,000’’; branch official,’’. Senator filing a notice under subsection (iii) in subsection (b)(3)(A), by striking SEC. 215. DISCLOSURE OF LOBBYIST TRAVEL AND (a)(2), the measure or matter covered by the ‘‘$10,000’’ and inserting ‘‘$5,000’’; and PAYMENTS. calendar that the Senator objects to, and the (iv) in subsection (b)(4), by striking Section 5(b) of the Act (2 U.S.C. 1604(b)) is date the objection was filed. ‘‘$10,000’’ and inserting ‘‘$5,000’’. amended— (c) REMOVAL.—A Senator may have an (B) REPORTS.—Section 5 of the Act (2 (1) in paragraph (3), by striking ‘‘and’’ item with respect to the Senator removed U.S.C. 1604) is amended— after the semicolon; from a calendar to which it was added under (i) in subsection (c)(1), by striking (2) in paragraph (4), by striking the period subsection (b) by submitting for inclusion in ‘‘$10,000’’ and ‘‘$20,000’’ and inserting ‘‘$5,000’’ and inserting a semicolon; and the Congressional Record the following no- and ‘‘$10,000’’, respectively; and (3) by adding at the end the following: tice: (ii) in subsection (c)(2), by striking ‘‘(5) the name of each covered legislative ‘‘I, Senator ll, do not object to pro- ‘‘$10,000’’ both places such term appears and branch official or covered executive branch ceeding to ll, dated ll.’’. inserting ‘‘$5,000’’. official for whom the registrant provided, or SEC. 115. EFFECTIVE DATE. SEC. 212. ANNUAL REPORT ON CONTRIBUTIONS. directed or arranged to be provided, or the Except as otherwise provided in this title, Section 5 of the Act (2 U.S.C. 1604) is employee listed as a lobbyist directed or ar- this title shall take effect on the date of en- amended by adding at the end the following: ranged to be provided, any payment or reim- actment of this title. ‘‘(d) ANNUAL REPORT ON CONTRIBUTIONS.— bursements for travel and related expenses TITLE II—LOBBYING TRANSPARENCY AND Not later than 45 days after the end of the in connection with the duties of such covered ACCOUNTABILITY ACT OF 2007 quarterly period beginning on the first day official, including for each such official— of October of each year referred to in sub- ‘‘(A) an itemization of the payments or re- SEC. 201. SHORT TITLE. section (a), a lobbyist registered under sec- imbursements provided to finance the travel This title may be cited as the ‘‘Legislative tion 4(a)(1), or an employee who is a lobbyist and related expenses and to whom the pay- Transparency and Accountability Act of of an organization registered under section ments or reimbursements were made, includ- 2007’’. 4(a)(2), shall file a report with the Secretary ing any payment or reimbursement made Subtitle A—Enhancing Lobbying Disclosure of the Senate and the Clerk of the House of with the express or implied understanding or SEC. 211. QUARTERLY FILING OF LOBBYING DIS- Representatives containing— agreement that such funds will be used for CLOSURE REPORTS. ‘‘(1) the name of the lobbyist; travel and related expenses; (a) QUARTERLY FILING REQUIRED.—Section ‘‘(2) the employer of the lobbyist; ‘‘(B) the purpose and final itinerary of the 5 of the Lobbying Disclosure Act of 1995 (in ‘‘(3) the name of each Federal candidate or trip, including a description of all meetings, this title referred to as the ‘‘Act’’) (2 U.S.C. officeholder, leadership PAC, or political tours, events, and outings attended; 1604) is amended— party committee, to whom a contribution ‘‘(C) the names of any registrant or indi- (1) in subsection (a)— equal to or exceeding $200 was made within vidual employed by the registrant who trav- (A) in the subsection heading, by striking the past year, and the date and amount of eled on any such trip; ‘‘Semiannual’’ and inserting ‘‘Quarterly’’; such contribution; and ‘‘(D) the identity of the listed sponsor or (B) by striking ‘‘the semiannual period’’ ‘‘(4) the name of each Federal candidate or sponsors of travel; and and all that follows through ‘‘July of each officeholder, leadership PAC, or political ‘‘(E) the identity of any person or entity, year’’ and inserting ‘‘the quarterly period be- party committee for whom a fundraising other than the listed sponsor or sponsors of
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S45 the travel, which directly or indirectly pro- quire the disclosure of any information term ‘paid attempt to influence the general vided for payment of travel and related ex- about individuals who are members of, or do- public or segments thereof’ does not include penses at the request or suggestion of the nors to, an entity treated as a client by this an attempt to influence directed at less than registrant or the employee; Act or an organization identified under that 500 members of the general public. ‘‘(6) the date, recipient, and amount of paragraph.’’. ‘‘(C) REGISTRANT.—For purposes of this funds contributed or disbursed by, or ar- SEC. 218. DISCLOSURE OF ENFORCEMENT FOR paragraph, a person or entity is a member of ranged by, a registrant or employee listed as NONCOMPLIANCE. a registrant if the person or entity— a lobbyist— Section 6 of the Act (2 U.S.C. 1605) is ‘‘(i) pays dues or makes a contribution of ‘‘(A) to pay the costs of an event to honor amended— more than a nominal amount to the entity; or recognize a covered legislative branch of- (1) by inserting ‘‘(a)’’ before ‘‘The Sec- ‘‘(ii) makes a contribution of more than a ficial or covered executive branch official; retary of the Senate’’; nominal amount of time to the entity; ‘‘(B) to, or on behalf of, an entity that is (2) in paragraph (8), by striking ‘‘and’’ at ‘‘(iii) is entitled to participate in the gov- named for a covered legislative branch offi- the end; ernance of the entity; cial or covered executive branch official, or (3) in paragraph (9), by striking the period ‘‘(iv) is 1 of a limited number of honorary to a person or entity in recognition of such and inserting ‘‘; and’’; or life members of the entity; or official; (4) after paragraph (9), by inserting the fol- ‘‘(v) is an employee, officer, director or ‘‘(C) to an entity established, financed, lowing: member of the entity. maintained, or controlled by a covered legis- ‘‘(10) provide to the Committee on Home- ‘‘(19) GRASSROOTS LOBBYING FIRM.—The lative branch official or covered executive land Security and Governmental Affairs of term ‘grassroots lobbying firm’ means a per- branch official, or an entity designated by the Senate and the Committee on Govern- son or entity that— such official; or ment Reform of the House of Representa- ‘‘(A) is retained by 1 or more clients to en- ‘‘(D) to pay the costs of a meeting, retreat, tives the aggregate number of lobbyists and gage in paid efforts to stimulate grassroots conference or other similar event held by, or lobbying firms, separately accounted, re- lobbying on behalf of such clients; and for the benefit of, 1 or more covered legisla- ferred to the United States Attorney for the ‘‘(B) receives income of, or spends or agrees tive branch officials or covered executive District of Columbia for noncompliance as to spend, an aggregate of $25,000 or more for branch officials; required by paragraph (8) on a semi-annual such efforts in any quarterly period.’’. except that this paragraph shall not apply to basis’’; and (b) REGISTRATION.—Section 4(a) of the Act any payment or reimbursement made from (5) by inserting at the end the following: (2 U.S.C. 1603(a)) is amended— funds required to be reported under section ‘‘(b) ENFORCEMENT REPORT.—The United (1) in the flush matter at the end of para- 304 of the Federal Election Campaign Act of States Attorney for the District of Columbia graph (3)(A), by adding at the end the fol- 1971 (2 U.S.C. 434); and shall report to the Committee on Homeland lowing: ‘‘For purposes of clauses (i) and (ii), ‘‘(7) the date, recipient, and amount of any Security and Governmental Affairs and the the term ‘lobbying activities’ shall not in- gift (that under the rules of the House of Committee on the Judiciary of the Senate clude paid efforts to stimulate grassroots Representatives or Senate counts towards and the Committee on Government Reform lobbying.’’; and the one hundred dollar cumulative annual and the Committee on the Judiciary of the (2) by inserting after paragraph (3) the fol- limit described in such rules) valued in ex- House of Representatives on a semi-annual lowing: cess of $20 given by a registrant or employee basis the aggregate number of enforcement ‘‘(4) FILING BY GRASSROOTS LOBBYING listed as a lobbyist to a covered legislative actions taken by the Attorney’s office under FIRMS.—Not later than 45 days after a grass- branch official or covered executive branch this Act and the amount of fines, if any, by roots lobbying firm first is retained by a cli- official; case, except that such report shall not in- ent to engage in paid efforts to stimulate ‘‘(8) for each client, immediately after list- clude the names of individuals or personally grassroots lobbying, such grassroots lob- ing the client, an identification of whether identifiable information.’’. bying firm shall register with the Secretary of the Senate and the Clerk of the House of the client is a public entity, including a SEC. 219. ELECTRONIC FILING OF LOBBYING DIS- State or local government or a department, CLOSURE REPORTS. Representatives.’’. (c) SEPARATE ITEMIZATION OF PAID EFFORTS agency, special purpose district, or other in- Section 5 of the Act (2 U.S.C. 1604) is TO STIMULATE GRASSROOTS LOBBYING.—Sec- strumentality controlled by a State or local amended by adding at the end the following: tion 5(b) of the Act (2 U.S.C. 1604(b)) is government, or a private entity. ‘‘(e) ELECTRONIC FILING REQUIRED.—A re- amended— port required to be filed under this section For purposes of paragraph (7), the term ‘gift’ (1) in paragraph (3), by— shall be filed in electronic form, in addition means a gratuity, favor, discount, entertain- (A) inserting after ‘‘total amount of all in- to any other form. The Secretary of the Sen- ment, hospitality, loan, forbearance, or come’’ the following: ‘‘(including a separate ate and the Clerk of the House of Represent- other item having monetary value. The term good faith estimate of the total amount of atives shall use the same electronic software includes gifts of services, training, transpor- income relating specifically to paid efforts for receipt and recording of filings under this tation, lodging, and meals, whether provided to stimulate grassroots lobbying and, within Act.’’. in kind, by purchase of a ticket, payment in that amount, a good faith estimate of the advance, or reimbursement after the expense SEC. 220. DISCLOSURE OF PAID EFFORTS TO total amount specifically relating to paid ad- has been incurred. Information required by STIMULATE GRASSROOTS LOB- vertising)’’; and BYING. paragraph (5) shall be disclosed as provided (B) inserting ‘‘or a grassroots lobbying (a) DEFINITIONS.—Section 3 of the Act (2 in this Act not later than 30 days after the firm’’ after ‘‘lobbying firm’’; U.S.C. 1602) is amended— travel.’’. (2) in paragraph (4), by inserting after (1) in paragraph (7), by adding at the end of SEC. 216. INCREASED PENALTY FOR FAILURE TO ‘‘total expenses’’ the following: ‘‘(including a the following: ‘‘Lobbying activities include COMPLY WITH LOBBYING DISCLO- good faith estimate of the total amount of paid efforts to stimulate grassroots lobbying, SURE REQUIREMENTS. expenses relating specifically to paid efforts but do not include grassroots lobbying.’’; and Section 7 of the Act (2 U.S.C. 1606) is to stimulate grassroots lobbying and, within (2) by adding at the end of the following: amended by striking ‘‘$50,000’’ and inserting that total amount, a good faith estimate of ‘‘(17) GRASSROOTS LOBBYING.—The term ‘‘$100,000’’. the total amount specifically relating to ‘grassroots lobbying’ means the voluntary SEC. 217. DISCLOSURE OF LOBBYING ACTIVITIES paid advertising)’’; and efforts of members of the general public to BY CERTAIN COALITIONS AND ASSO- (3) by adding at the end the following: CIATIONS. communicate their own views on an issue to ‘‘Subparagraphs (B) and (C) of paragraph (a) IN GENERAL.—Section 4(b)(3)(B) of the Federal officials or to encourage other mem- (2) shall not apply with respect to reports re- Act (2 U.S.C. 1603(b)(3)(B)) is amended to read bers of the general public to do the same. lating to paid efforts to stimulate grassroots as follows: ‘‘(18) PAID EFFORTS TO STIMULATE GRASS- lobbying activities.’’. ‘‘(B) participates in a substantial way in ROOTS LOBBYING.— (d) GOOD FAITH ESTIMATES AND DE MINIMIS the planning, supervision or control of such ‘‘(A) IN GENERAL.—The term ‘paid efforts to RULES FOR PAID EFFORTS TO STIMULATE lobbying activities;’’. stimulate grassroots lobbying’ means any GRASSROOTS LOBBYING.— (b) NO DONOR OR MEMBERSHIP LIST DISCLO- paid attempt in support of lobbying contacts (1) IN GENERAL.—Section 5(c) of the Act (2 SURE.—Section 4(b) of the Act (2 U.S.C. on behalf of a client to influence the general U.S.C. 1604(c)) is amended to read as follows: 1603(b)) is amended by adding at the end the public or segments thereof to contact one or ‘‘(c) ESTIMATES OF INCOME OR EXPENSES.— following: more covered legislative or executive branch For purposes of this section, the following ‘‘No disclosure is required under paragraph officials (or Congress as a whole) to urge shall apply: (3)(B) if it is publicly available knowledge such officials (or Congress) to take specific ‘‘(1) Estimates of income or expenses shall that the organization that would be identi- action with respect to a matter described in be made as follows: fied is affiliated with the client or has been section 3(8)(A), except that such term does ‘‘(A) Estimates of amounts in excess of publicly disclosed to have provided funding not include any communications by an enti- $10,0000 shall be rounded to the nearest to the client, unless the organization in ty directed to its members, employees, offi- $20,000. whole or in major part plans, supervises or cers, or shareholders. ‘‘(B) In the event income or expenses do controls such lobbying activities. Nothing in ‘‘(B) PAID ATTEMPT TO INFLUENCE THE GEN- not exceed $10,000, the registrant shall in- paragraph (3)(B) shall be construed to re- ERAL PUBLIC OR SEGMENTS THEREOF.—The clude a statement that income or expenses
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S46 CONGRESSIONAL RECORD — SENATE January 4, 2007 totaled less than $10,000 for the reporting pe- Subtitle B—Oversight of Ethics and Lobbying (3) The number of complaints in which the riod. SEC. 231. COMPTROLLER GENERAL AUDIT AND committee staff conducted a preliminary in- ‘‘(2) Estimates of income or expenses relat- ANNUAL REPORT. quiry. ing specifically to paid efforts to stimulate (a) AUDIT REQUIRED.—The Comptroller (4) The number of complaints that staff grassroots lobbying shall be made as follows: General shall audit on an annual basis lob- presented to the committee with rec- ‘‘(A) Estimates of amounts in excess of bying registration and reports filed under ommendations that the complaint be dis- $25,000 shall be rounded to the nearest the Lobbying Disclosure Act of 1995 to deter- missed. $20,000. mine the extent of compliance or noncompli- (5) The number of complaints that the staff ‘‘(B) In the event income or expenses do ance with the requirements of that Act by presented to the committee with rec- not exceed $25,000, the registrant shall in- lobbyists and their clients. ommendation that the investigation pro- clude a statement that income or expenses (b) ANNUAL REPORTS.—Not later than April ceed. totaled less than $25,000 for the reporting pe- 1 of each year, the Comptroller General shall (6) The number of ongoing inquiries. riod.’’. submit to Congress a report on the review re- (7) The number of complaints that the (2) TAX REPORTING.—Section 15 of the Act quired by subsection (a). The report shall in- committee dismissed for lack of substantial (2 U.S.C. 1610) is amended— clude the Comptroller General’s assessment merit. (A) in subsection (a)— of the matters required to be emphasized by (8) The number of private letters of admo- (i) in paragraph (1), by striking ‘‘and’’ after that subsection and any recommendations of nition or public letters of admonition issued. the semicolon; the Comptroller General to— (9) The number of matters resulting in a (ii) in paragraph (2), by striking the period (1) improve the compliance by lobbyists disciplinary sanction. and inserting ‘‘; and’’; and with the requirements of that Act; and Subtitle C—Slowing the Revolving Door (iii) by adding at the end the following: (2) provide the Secretary of the Senate and ‘‘(3) in lieu of using the definition of paid the Clerk of the House of Representatives SEC. 241. AMENDMENTS TO RESTRICTIONS ON FORMER OFFICERS, EMPLOYEES, efforts to stimulate grassroots lobbying in with the resources and authorities needed for section 3(18), consider as paid efforts to stim- AND ELECTED OFFICIALS OF THE effective oversight and enforcement of that EXECUTIVE AND LEGISLATIVE ulate grassroots lobbying only those activi- Act. BRANCHES. ties that are grassroots expenditures as de- SEC. 232. MANDATORY SENATE ETHICS TRAINING (a) VERY SENIOR EXECUTIVE PERSONNEL.— fined in section 4911(c)(3) of the Internal Rev- FOR MEMBERS AND STAFF. The matter after subparagraph (C) in section enue Code of 1986.’’; and (a) TRAINING PROGRAM.—The Select Com- 207(d)(1) of title 18, United States Code, is (B) in subsection (b)— mittee on Ethics shall conduct ongoing eth- amended by striking ‘‘within 1 year’’ and in- (i) in paragraph (1), by striking ‘‘and’’ after ics training and awareness programs for serting ‘‘within 2 years’’. the semicolon; Members of the Senate and Senate staff. (b) RESTRICTIONS ON LOBBYING BY MEMBERS (ii) in paragraph (2), by striking the period (b) REQUIREMENTS.—The ethics training OF CONGRESS AND EMPLOYEES OF CONGRESS.— and inserting ‘‘; and’’; and program conducted by the Select Committee (iii) by adding at the end the following: Subsection (e) of section 207 of title 18, on Ethics shall be completed by— United States Code, is amended— ‘‘(3) in lieu of using the definition of paid (1) new Senators or staff not later than 60 efforts to stimulate grassroots lobbying in (1) in paragraph (1)(A), by striking ‘‘within days after commencing service or employ- 1 year’’ and inserting ‘‘within 2 years’’; section 3(18), consider as paid efforts to stim- ment; and ulate grassroots lobbying only those activi- (2) by striking paragraphs (2) through (5) (2) Senators and Senate staff serving or and inserting the following: ties that are grassroots expenditures as de- employed on the date of enactment of this ‘‘(2) CONGRESSIONAL STAFF.— fined in section 4911(c)(3) of the Internal Rev- Act not later than 120 days after the date of enue Code of 1986.’’. ‘‘(A) PROHIBITION.—Any person who is an enactment of this Act. employee of a House of Congress and who, SEC. 221. ELECTRONIC FILING AND PUBLIC SEC. 233. SENSE OF THE SENATE REGARDING within 1 year after that person leaves office, DATABASE FOR LOBBYISTS FOR SELF-REGULATION WITHIN THE knowingly makes, with the intent to influ- FOREIGN GOVERNMENTS. LOBBYING COMMUNITY. ence, any communication to or appearance (a) ELECTRONIC FILING.—Section 2 of the It is the sense of the Senate that the lob- before any of the persons described in sub- Foreign Agents Registration Act (22 U.S.C. bying community should develop proposals paragraph (B), on behalf of any other person 612) is amended by adding at the end the fol- for multiple self-regulatory organizations (except the United States) in connection lowing new subsection: which could provide— with any matter on which such former em- ‘‘(g) ELECTRONIC FILING OF REGISTRATION (1) for the creation of standards for the or- ployee seeks action by a Member, officer, or STATEMENTS AND UPDATES.—A registration ganizations appropriate to the type of lob- employee of either House of Congress, in his statement or update required to be filed bying and individuals to be served; or her official capacity, shall be punished as under this section shall be filed in electronic (2) training for the lobbying community on provided in section 216 of this title. form, in addition to any other form that may law, ethics, reporting requirements, and dis- ‘‘(B) CONTACT PERSONS COVERED.—persons be required by the Attorney General.’’. closure requirements; referred to in subparagraph (A) with respect (b) PUBLIC DATABASE.—Section 6 of the (3) for the development of educational ma- to appearances or communications are any Foreign Agents Registration Act (22 U.S.C. terials for the public on how to responsibly Member, officer, or employee of the House of 616) is amended by adding at the end the fol- hire a lobbyist or lobby firm; Congress in which the person subject to sub- lowing new subsection: (4) standards regarding reasonable fees to paragraph (A) was employed. This subpara- ‘‘(d) PUBLIC DATABASE OF REGISTRATION clients; graph shall not apply to contacts with staff STATEMENTS AND UPDATES.— (5) for the creation of a third-party certifi- of the Secretary of the Senate or the Clerk ‘‘(1) IN GENERAL.—The Attorney General cation program that includes ethics training; of the House of Representatives regarding shall maintain, and make available to the and compliance with lobbying disclosure require- public over the Internet, without a fee or (6) for disclosure of requirements to clients ments under the Lobbying Disclosure Act of other access charge, in a searchable, sort- regarding fee schedules and conflict of inter- 1995.’’; able, and downloadable manner, an elec- est rules. (3) in paragraph (6)— tronic database that— SEC. 234. ANNUAL ETHICS COMMITTEES RE- ‘‘(A) includes the information contained in (A) by striking ‘‘paragraphs (2), (3), and PORTS. (4)’’ and inserting ‘‘paragraph (2)’’; registration statements and updates filed The Committee on Standards of Official under this Act; (B) by striking ‘‘(A)’’; Conduct of the House of Representatives and (C) by striking subparagraph (B); and ‘‘(B) directly links the information it con- the Select Committee on Ethics of the Sen- tains to the information disclosed in reports (D) by redesignating the paragraph as ate shall each issue an annual report due no paragraph (3); and filed with the Federal Election Commission later than January 31, describing the fol- under section 304 of the Federal Election (4) by redesignating paragraph (7) as para- lowing: graph (4). Campaign Act of 1971 (2 U.S.C. 434); and (1) The number of alleged violations of (c) EFFECTIVE DATE.—The amendments ‘‘(C) is searchable and sortable, at a min- Senate or House rules including the number made by subsection (b) shall take effect 60 imum, by each of the categories of informa- received from third parties, from Members or days after the date of enactment of this Act. tion described in section 2(a). staff within each House, or inquires raised by ‘‘(2) ACCOUNTABILITY.—Each registration a Member or staff of the respective House or Subtitle D—Ban on Provision of Gifts or statement and update filed in electronic Senate committee. Travel by Lobbyists in Violation of the form pursuant to section 2(g) shall be made (2) A list of the number of alleged viola- Rules of Congress available for public inspection over the tions that were dismissed— internet not more than 48 hours after the SEC. 251. PROHIBITION ON PROVISION OF GIFTS (A) for lack of subject matter jurisdiction; OR TRAVEL BY REGISTERED LOBBY- registration statement or update is filed.’’. or ISTS TO MEMBERS OF CONGRESS SEC. 222. EFFECTIVE DATE. (B) because they failed to provide suffi- AND TO CONGRESSIONAL EMPLOY- This subtitle and the amendments made by cient facts as to any material violation of EES. this subtitle shall take effect January 1, the House or Senate rules beyond mere alle- The Lobbying Disclosure Act of 1995 is 2008. gation or assertion. amended by adding at the end the following:
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‘‘SEC. 25. PROHIBITION ON PROVISION OF GIFTS Government or any State or local govern- (3) APPLICABILITY OF CIVIL SERVICE LAWS.— OR TRAVEL BY REGISTERED LOBBY- ment. The staff director and other members of the ISTS TO MEMBERS OF CONGRESS (3) OTHER QUALIFICATIONS.—It is the sense staff of the Commission shall be appointed AND TO CONGRESSIONAL EMPLOY- of Congress that individuals appointed to the without regard to the provisions of title 5, EES. Commission should be prominent United United States Code, governing appointments ‘‘(a) PROHIBITION.—A registered lobbyist may not knowingly make a gift or provide States citizens, with national recognition in the competitive service, and shall be paid travel to a Member, Delegate, Resident Com- and significant depth of experience in profes- without regard to the provisions of chapter missioner, officer, or employee of Congress, sions such as governmental service, govern- 51 and subchapter III of chapter 53 of such unless the gift or travel may be accepted ment consulting, government contracting, title relating to classification and General under the rules of the House of Representa- the law, higher education, historian, busi- Schedule pay rates. XPERTS AND CONSULTANTS.—With the tives or the Senate. ness, public relations, and fundraising. (4) E (4) DEADLINE FOR APPOINTMENT.—All mem- approval of the Commission, the staff direc- ‘‘(b) PENALTY.—Any registered lobbyist who violates this section shall be subject to bers of the Commission shall be appointed on tor may procure temporary and intermittent penalties provided in section 7.’’. a date 3 months after the date of enactment services under section 3109(b) of title 5, of this Act. United States Code. Subtitle E—Commission to Strengthen (5) INITIAL MEETING.—The Commission (d) PHYSICAL FACILITIES.—The Architect of Confidence in Congress Act of 2007 shall meet and begin the operations of the the Capitol, in consultation with the appro- SEC. 261. SHORT TITLE. Commission as soon as practicable. priate entities in the legislative branch, This subtitle may be cited as the ‘‘Com- (c) QUORUM; VACANCIES.—After its initial shall locate and provide suitable office space mission to Strengthen Confidence in Con- meeting, the Commission shall meet upon for the operation of the Commission on a gress Act of 2007’’. the call of the chairman or a majority of its nonreimbursable basis. The facilities shall SEC. 262. ESTABLISHMENT OF COMMISSION. members. Six members of the Commission serve as the headquarters of the Commission There is established in the legislative shall constitute a quorum. Any vacancy in and shall include all necessary equipment branch a commission to be known as the the Commission shall not affect its powers, and incidentals required for the proper func- ‘‘Commission to Strengthen Confidence in but shall be filled in the same manner in tioning of the Commission. Congress’’ (in this subtitle referred to as the which the original appointment was made. (e) ADMINISTRATIVE SUPPORT SERVICES AND ‘‘Commission’’). SEC. 265. FUNCTIONS OF COMMISSION. OTHER ASSISTANCE.— SEC. 263. PURPOSES. The functions of the Commission are to (1) IN GENERAL.—Upon the request of the The purposes of the Commission are to— submit to Congress a report required by this Commission, the Architect of the Capitol (1) evaluate and report the effectiveness of title containing such findings, conclusions, and the Administrator of General Services current congressional ethics requirements, if and recommendations as the Commission shall provide to the Commission on a non- penalties are enforced and sufficient, and shall determine, including proposing organi- reimbursable basis such administrative sup- make recommendations for new penalties; zation, coordination, planning, management port services as the Commission may re- (2) weigh the need for improved ethical arrangements, procedures, rules and regula- quest. conduct with the need for lawmakers to have tions— (2) ADDITIONAL SUPPORT.—In addition to access to expertise on public policy issues; (1) related to section 263; or the assistance set forth in paragraph (1), de- (3) determine whether the current system (2) related to any other areas the commis- partments and agencies of the United States for enforcing ethics rules and standards of sion unanimously votes to be relevant to its may provide the Commission such services, conduct is sufficiently effective and trans- mandate to recommend reforms to strength- funds, facilities, staff, and other support parent; en ethical safeguards in Congress. services as the Commission may deem advis- (4) determine whether the statutory frame- SEC. 266. POWERS OF COMMISSION. able and as may be authorized by law. SE OF AILS work governing lobbying disclosure should (a) HEARINGS AND EVIDENCE.—The Commis- (f) U M .—The Commission may be expanded to include additional means of sion or, on the authority of the Commission, use the United States mails in the same attempting to influence Members of Con- any subcommittee or member thereof, may, manner and under the same conditions as gress, senior staff, and high-ranking execu- for the purpose of carrying out this title hold Federal agencies and shall, for purposes of tive branch officials; such hearings and sit and act at such times the frank, be considered a commission of (5) analyze and evaluate the changes made and places, take such testimony, receive Congress as described in section 3215 of title by this Act to determine whether additional such evidence, administer such oaths. 39, United States Code. changes need to be made to uphold and en- (b) OBTAINING INFORMATION.—Upon request (g) PRINTING.—For purposes of costs relat- force standards of ethical conduct and dis- of the Commission, the head of any agency ing to printing and binding, including the closure requirements; and or instrumentality of the Federal Govern- cost of personnel detailed from the Govern- (6) investigate and report to Congress on ment shall furnish information deemed nec- ment Printing Office, the Commission shall its findings, conclusions, and recommenda- essary by the panel to enable it to carry out be deemed to be a committee of the Con- tions for reform. its duties. gress. SEC. 264. COMPOSITION OF COMMISSION. (c) LIMIT ON COMMISSION AUTHORITY.—The SEC. 268. SECURITY CLEARANCES FOR COMMIS- SION MEMBERS AND STAFF. (a) MEMBERS.—The Commission shall be Commission shall not conduct any law en- composed of 10 members, of whom— forcement investigation, function as a court The appropriate Federal agencies or de- (1) the chair and vice chair shall be se- of law, or otherwise usurp the duties and re- partments shall cooperate with the Commis- lected by agreement of the majority leader sponsibilities of the ethics committee of the sion in expeditiously providing to the Com- and minority leader of the House of Rep- House of Representatives or the Senate. mission members and staff appropriate secu- rity clearances to the extent possible pursu- resentatives and the majority leader and mi- SEC. 267. ADMINISTRATION. ant to existing procedures and requirements, nority leader of the Senate; (a) COMPENSATION.—Except as provided in (2) 2 members shall be appointed by the subsection (b), members of the Commission except that no person shall be provided with senior member of the Senate leadership of shall receive no additional pay, allowances, access to classified information under this the Republican Party, 1 of which is a former or benefits by reason of their service on the title without the appropriate security clear- member of the Senate; Commission. ances. (3) 2 members shall be appointed by the (b) TRAVEL EXPENSES AND PER DIEM.—Each SEC. 269. COMMISSION REPORTS; TERMINATION. senior member of the Senate leadership of member of the Commission shall receive (a) ANNUAL REPORTS.—The Commission the Democratic Party, 1 of which is a former travel expenses and per diem in lieu of sub- shall submit— member of the Senate; sistence in accordance with sections 5702 and (1) an initial report to Congress not later (4) 2 members shall be appointed by the 5703 of title 5, United States Code. than July 1, 2007; and senior member of the leadership of the House (c) STAFF AND SUPPORT SERVICES.— (2) annual reports to Congress after the re- of Representatives of the Republican Party, (1) STAFF DIRECTOR.— port required by paragraph (1); 1 of which is a former member of the House (A) APPOINTMENT.—The Chair (or Co- containing such findings, conclusions, and of Representatives; and Chairs) in accordance with the rules agreed recommendations for corrective measures as (5) 2 members shall be appointed by the upon by the Commission shall appoint a staff have been agreed to by a majority of Com- senior member of the leadership of the House director for the Commission. mission members. of Representatives of the Democratic Party, (B) COMPENSATION.—The staff director (b) ADMINISTRATIVE ACTIVITIES.—During 1 of which is a former member of the House shall be paid at a rate not to exceed the rate the 60-day period beginning on the date of of Representatives. established for level V of the Executive submission of each annual report and the (b) QUALIFICATIONS; INITIAL MEETING.— Schedule under section 5315 of title 5, United final report under this section, the Commis- (1) POLITICAL PARTY AFFILIATION.—Five States Code. sion shall— members of the Commission shall be Demo- (2) STAFF.—The Chair (or Co-Chairs) in ac- (1) be available to provide testimony to crats and 5 Republicans. cordance with the rules agreed upon by the committees of Congress concerning such re- (2) NONGOVERNMENTAL APPOINTEES.—An in- Commission shall appoint such additional ports; and dividual appointed to the Commission may personnel as the Commission determines to (2) take action to appropriately dissemi- not be an officer or employee of the Federal be necessary. nate such reports.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S48 CONGRESSIONAL RECORD — SENATE January 4, 2007 (c) TERMINATION OF COMMISSION.— S. 1 will require enhanced disclosure SECTION 1. SHORT TITLE; SENSE OF THE CON- (1) FINAL REPORT.—Five years after the of the activities of groups lobbying GRESS. (a) SHORT TITLE.—This Act may be cited as date of enactment of this Act, the Commis- Congress so that the public can easily sion shall submit to Congress a final report the ‘‘Medicare Prescription Drug Price Nego- find out which interests are trying to tiation Act of 2007’’. containing information described in sub- influence the decisions we make. section (a). (b) SENSE OF THE CONGRESS.—It is the sense S. 1 will slow the revolving door be- of the Congress that the Congress should (2) TERMINATION.—The Commission, and all enact, and the President should sign, legisla- the authorities of this title, shall terminate tween the Hill and the private sector tion to amend part D of title XVIII of the So- 60 days after the date on which the final re- by limiting the ability of departing cial Security Act to provide for fair prescrip- port is submitted under paragraph (1), and Members and staff to lobby their tion drug prices for Medicare beneficiaries. the Commission may use such 60-day period former colleagues. for the purpose of concluding its activities. While I am pleased to be a cosponsor BY Mr. REID (for himself, Mr. of this bill, I also believe strongly that SEC. 270. FUNDING. LIEBERMAN, Ms. COLLINS, Mr. it would be improved by the addition of There are authorized such sums as nec- LEAHY, Mr. SCHUMER, Ms. CANT- essary to carry out this title. an independent Office of Public Integ- WELL, Mr. LAUTENBERG, Ms. Ms. COLLINS. Mr. President, I rise rity within the Legislative Branch. STABENOW, Mr. WEBB, MR. today to join my colleagues in cospon- This Office would be able to conduct MENENDEZ, and Ms. LANDRIEU): soring S. 1, a bill to provide greater nonpartisan investigations of possible S. 4. A bill to make the United States transparency in the legislative process. ethics violations. These investigations more secure by implementing unfin- The recent elections sent a clear would help to promote public con- ished recommendations of the 9/11 message to Congress that the American fidence in the enforcement of any laws Commission to fight the war on terror people have lost confidence in their that we pass to enhance congressional more effectively, to improve homeland government. Without the support of ethics. During debate on this bill last security, and for other purposes; to the the people, we cannot tackle the dif- year, an amendment that Senator Committee on Homeland Security and ficult issues that this Congress must LIEBERMAN, Senator MCCAIN, and I of- Governmental Affairs. face. This bill, then, is a critical part of fered to create this Office was defeated. Mr. REID. Mr. President, I ask unan- restoring the people’s trust by reform- However, I hope my colleagues have imous consent that the text of the bill ing ethics and lobbying rules. taken the lessons of the recent elec- be printed in the RECORD. It is important to remember that the tions to heart and that the idea of an There being no objection, the text of conduct of most Members and their Office of Public Integrity will be ap- the bill was ordered to be printed in staffs is beyond reproach. Likewise, it proved this year. To that end, I am also the RECORD, as follows: is important to recognize that lob- cosponsoring Senator MCCAIN’s lob- S. 4 bying—whether done on behalf of the bying reform package, which he has in- Be it enacted by the Senate and House of Rep- business community, an environmental troduced today and which contains a resentatives of the United States of America in organization, a children’s advocacy number of the provisions of S. 1 as well Congress assembled, as creating an independent Office of group, or any other cause—can provide SECTION 1. SHORT TITLE. Public Integrity. This Act may be cited as the ‘‘Improving us with useful information and anal- I once again commend my colleagues America’s Security by Implementing Unfin- ysis that aids, but does not dictate, the on recognizing the importance of this ished Recommendations of the 9/11 Commis- decision-making process. Unfortu- issue by making it our first priority in sion Act of 2007’’. nately, in the minds of many Ameri- the 110th Congress. I urge the Senate to SEC. 2. SENSE OF CONGRESS. cans, ‘‘lobbying’’ has come to be associ- work quickly to get this legislation It is the sense of Congress that Congress ated with expensive paid vacations should enact, and the President should sign, finished so that we can move on from legislation to make the United States more masquerading as fact-finding trips, spe- the task of governing ourselves and get cial access to Members and staff that secure by implementing unfinished rec- down to the business of governing our ommendations of the 9/11 Commission to an ordinary citizen could never hope to Nation. fight the war on terror more effectively and have, and undue influence that leads to to improve homeland security. decisions made in the best interest of By Mr. REID (for himself, Mr. the lobbyist and his or her client in- KENNEDY, Mr. SCHUMER, Mr. By Mr. REID (for himself, Mr. stead of the American people. LIEBERMAN, Mr. AKAKA, Mr. HARKIN, Mr. SPECTER, Mr. KEN- S. 1 which is nearly identical to a bill BIDEN, Ms. CANTWELL, Mr. NEDY, Mr. HATCH, Mrs. FEIN- that was the product of bipartisan ef- LEAHY, Mr. LAUTENBERG, Ms. STEIN, Mr. SMITH, Mr. DURBIN, forts by the Senate Committee on STABENOW, Mr. WEBB, Mr. Mr. LAUTENBERG, Ms. SNOWE, Homeland Security and Governmental KERRY, Mr. REED, Ms. Mr. SCHUMER, Ms. MIKULSKI, Affairs and the Senate Committee on LANDRIEU, Mr. HARKIN. Ms. MI- Mrs. CLINTON, Ms. CANTWELL, Rules and Administration and that was KULSKI, Mr. BINGAMAN, Mrs. Mr. FEINGOLD, Mr. LEAHY, Mr. passed by this Senate just last year— MURRAY, Mrs. CLINTON, Mr. KOHL, Ms. STABENOW, Mr. includes a number of important provi- OBAMA, Mr. LEVIN, Mr. KOHL, WEBB, Mr. KERRY, Mrs. LIN- sions that will help to restore the pub- Mrs. FEINSTEIN, Mrs. BOXER, COLN, Mr. DODD, Mr. MENENDEZ, lic image of the United States Con- Mr. FEINGOLD, Mr. DURBIN, Mr. Mr. REED, Mr. AKAKA, Mrs. gress. PRYOR, Mr. MENENDEZ, Mr. BOXER, Mr. LIEBERMAN, Mr. S. 1 bans gifts from lobbyists. This is BAYH, and Mrs. LINCOLN): NELSON of Florida, Mr. LEVIN, clear, brightline rule that diminishes S. 2. A bill to amend the Fair Labor Mr. OBAMA, and Mr. INOUYE): the appearance of impropriety that Standards Act of 1938 to provide for an S. 5. A bill to amend the Public gifts can create. increase in the Federal minimum wage; Health Service Act to provide for S. 1 requires greater disclosure of the read the first time. human embryonic stem cell research; read the first time. sponsors of and the purposes for ear- By Mr. REID (for himself, Mr. (The bill will be printed in a future marks included in a bill so that the BAUCUS, Mr. LEAHY, Ms. MIKUL- edition of the RECORD.) people can know where tax dollars are SKI, Mr. SCHUMER, Mrs. CLIN- being spent and why. TON, Ms. CANTWELL, Mr. KOHL, By Mr. REID (for himself, Mr. S. 1 eliminates floor privileges for Ms. STABENOW, and Mr. WEBB): BINGAMAN, Mrs. BOXER, Mr. former Members who are seeking to S. 3. A bill to amend part D of title SCHUMER, Mr. LIEBERMAN, Mr. lobby other members. They will enjoy XVIII of the Social Security Act to LAUTENBERG, Ms. CANTWELL, no more access to Senators and Con- provide for fair prescription drug prices Mr. LEAHY, Ms. STABENOW, Mr. gressmen than any other citizen. for Medicare beneficiaries; to the Com- WEBB, Mr. SALAZAR, and Mr. S. 1 will eliminate the practice of mittee on Finance. MENENDEZ): anonymous holds in the Senate so that S. 3 S. 6. A bill to enhance the security of we can bring debate into the open and Be it enacted by the Senate and House of Rep- the United States by reducing the de- not simply kill a bill with a secret resentatives of the United States of America in pendence of the United States on for- hold. Congress assembled, eign and unsustainable energy sources
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S49 and the risks of global warming, and TENBERG, Ms. CANTWELL, Mr. SCHUMER, Mr. SALAZAR, Ms. for other purposes; to the Committee LEAHY, Ms. STABENOW, Mr. CANTWELL, Mr. LEAHY, Ms. on Finance. WEBB, Mr. MENENDEZ, and Ms. STABENOW, Mr. MENENDEZ, Mr. Mr. REID. Mr. President, I ask unan- LANDRIEU): KERRY, Mr. HARKIN, Ms. imous consent that the text of the bill S. 8. A bill to restore and enhance the LANDRIEU, Mr. DURBIN, and Mr. be printed in the RECORD. capabilities of the Armed Forces, to OBAMA): There being no objection, the text of enhance the readiness of the Armed S. 10 A bill to reinstate the pay-as- the bill was ordered to be printed in Forces, to support the men and women you-go requirement and reduce budget the RECORD, as follows: of the Armed Forces, and for other pur- deficits by strengthening budget en- S. 6 poses; to the Committee on Armed forcement and fiscal responsibility; to Be it enacted by the Senate and House of Rep- Services. the Committee on the Budget. resentatives of the United States of America in Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- Congress assembled, imous consent that the text of the bill imous consent that the text of the bill SECTION 1. SHORT TITLE. be printed in the RECORD. be printed in the RECORD. This Act may be cited as the ‘‘National En- There being no objection, the text of There being no objection, the text of ergy and Environmental Security Act of the bill was ordered to be printed in the bill was ordered to be printed in 2007’’. the RECORD, as follows: the RECORD, as follows: SEC. 2. SENSE OF CONGRESS. S. 8 S. 10 It is the sense of Congress that Congress should enact, and the President should sign, Be it enacted by the Senate and House of Rep- Be it enacted by the Senate and House of Rep- legislation to enhance the security of the resentatives of the United States of America in resentatives of the United States of America in United States by reducing the dependence of Congress assembled, Congress assembled, the United States on foreign and SECTION 1. SHORT TITLE. SECTION 1. SHORT TITLE. unsustainable energy sources and the risks This Act may be cited as the ‘‘Rebuilding This Act may be cited as the ‘‘Restoring of global warming by— America’s Military Act of 2007’’. Fiscal Discipline Act of 2007’’. (1) requiring reductions in emissions of SEC. 2. SENSE OF CONGRESS ON RESTORATION SEC. 2. PAY-AS-YOU-GO POINT OF ORDER IN THE greenhouse gases; AND ENHANCEMENT OF THE ARMED SENATE. (2) diversifying and expanding the use of FORCES OF THE UNITED STATES. (a) PAY-AS-YOU-GO POINT OF ORDER IN THE secure, efficient, and environmentally- It is the sense of Congress that Congress SENATE.— friendly energy supplies and technologies; should enact legislation— (1) IN GENERAL.—For purposes of Senate en- (3) reducing the burdens on consumers of (1) to restore and enhance the capabilities forcement, it shall not be in order in the rising energy prices; of the Armed Forces for deterrence, combat, Senate to consider any direct spending or (4) eliminating tax giveaways to large en- and post-conflict operations; revenue legislation that would increase the ergy companies; and (2) to enhance the readiness of the Armed on-budget deficit or cause an on-budget def- (5) preventing energy price gouging, profit- Forces, including by the reset of military icit for any one of the 4 applicable time peri- eering, and market manipulation. equipment; and ods as measured in paragraphs (5) and (6). (3) to support the men and women of the (2) APPLICABLE TIME PERIODS.—For pur- By Mr. REID (for himself, Mr. Armed Forces, including the members of the poses of this subsection, the term ‘‘applica- ble time periods’’ means any 1 of the 4 fol- KENNEDY, Mr. SCHUMER, Mrs. National Guard and Reserves, through the provision of quality health care and en- lowing periods: CLINTON, Ms. MIKULSKI, Mrs. hanced educational assistance. (A) The current year. MURRAY, Mr. LIEBERMAN, Mr. (B) The budget year. AKAKA, Ms. CANTWELL, Mr. By Mr. REID (for himself, Mr. (C) The period of the 5 fiscal years fol- BINGAMAN, Mr. LEAHY, Mr. LAU- LEAHY, Mr. SCHUMER, Ms. CANT- lowing the current year. TENBERG, Mr. LEVIN, Ms. WELL, and Ms. STABENOW): (D) The period of the 5 fiscal years fol- STABENOW, Mr. WEBB, Mr. S. 9. A bill to recognize the heritage lowing the 5 fiscal years referred to in sub- MENENDEZ, Ms. LANDRIEU, Mr. of the United States as a nation of im- paragraph (C). (3) DIRECT-SPENDING LEGISLATION.—For SANDERS, Mr. REED, and Mr. migrants and to amend the Immigra- purposes of this subsection and except as DODD): tion and Nationality Act to provide for provided in paragraph (4), the term ‘‘direct- S. 7. A bill to amend title IV of the more effective border and employment spending legislation’’ means any bill, joint Higher Education Act of 1965 and other enforcement, to prevent illegal immi- resolution, amendment, motion, or con- laws and provisions and urge Congress gration, and to reform and rationalize ference report that affects direct spending as to make college more affordable avenues for legal immigration, and for that term is defined by, and interpreted for through increased Federal Pell Grants other purposes; to the Committee on purposes of, the Balanced Budget and Emer- and providing more favorable student the Judiciary. gency Deficit Control Act of 1985. (4) EXCLUSION.—For purposes of this sub- loans and other benefits, and for other Mr. REID. Mr. President, I ask unan- purposes; to the Committee on Health, section, the terms ‘‘direct-spending legisla- imous consent that the text of the bill tion’’ and ‘‘revenue legislation’’ do not in- Education, Labor, and Pensions. be printed in the RECORD. clude— Mr. REID. Mr. President, I ask unan- There being no objection, the text of (A) any concurrent resolution on the budg- imous consent that the text of the bill the bill was ordered to be printed in et; or be printed in the RECORD. the RECORD, as follows: (B) any provision of legislation that affects There being no objection, the text of S. 9 the full funding of, and continuation of, the deposit insurance guarantee commitment in the bill was ordered to be printed in Be it enacted by the Senate and House of Rep- the RECORD, as follows: effect on the date of enactment of the Budg- resentatives of the United States of America in et Enforcement Act of 1990. S. 7 Congress assembled, (5) BASELINE.—Estimates prepared pursu- Be it enacted by the Senate and House of Rep- SECTION 1. SHORT TITLE. ant to this section shall— resentatives of the United States of America in This Act may be cited as the ‘‘Comprehen- (A) use the baseline surplus or deficit used Congress assembled, sive Immigration Reform Act of 2007’’. for the most recently adopted concurrent SECTION 1. SHORT TITLE. SEC. 2. SENSE OF CONGRESS. resolution on the budget; and This Act may be cited as the ‘‘College Op- It is the sense of Congress that the Senate (B) be calculated under the requirements portunity Act of 2007’’. and the House of Representatives should of subsections (b) through (d) of section 257 SEC. 2. SENSE OF CONGRESS. pass, and the President should sign, legisla- of the Balanced Budget and Emergency Def- It is the sense of Congress that the Con- tion to recognize the heritage of the United icit Control Act of 1985 for fiscal years be- gress should enact, and the President should States as a nation of immigrants and to yond those covered by that concurrent reso- sign, legislation to amend title IV of the amend the Immigration and Nationality Act lution on the budget. Higher Education Act of 1965 and other laws (8 U.S.C. 1101 et seq.) to provide for more ef- (6) PRIOR SURPLUS.—If direct spending or and provisions to make college more afford- fective border and employment enforcement, revenue legislation increases the on-budget able through increased Federal Pell Grants to prevent illegal immigration, and to re- deficit or causes an on-budget deficit when and providing more favorable student loans form and rationalize avenues for legal immi- taken individually, it must also increase the and other benefits. gration. on-budget deficit or cause an on-budget def- icit when taken together with all direct By Mr. REID (for himself, Mr. By Mr. REID (for himself, Mr. spending and revenue legislation enacted LEVIN, Mr. SCHUMER, Mr. LAU- CONRAD, Mr. FEINGOLD, Mr. since the beginning of the calendar year not
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S50 CONGRESSIONAL RECORD — SENATE January 4, 2007 accounted for in the baseline under para- en’s health care; to the Committee on tant health objective for the Nation to graph (5)(A), except that direct spending or Health, Education, Labor, and Pen- achieve over the first decade of the new cen- revenue effects resulting in net deficit reduc- sions. tury, a goal first articulated in the 1979 Sur- tion enacted pursuant to reconciliation in- geon General’s Report, Healthy People, and structions since the beginning of that same S. 21 reiterated in Healthy People 2000: National calendar year shall not be available. Be it enacted by the Senate and House of Rep- Health Promotion and Disease Prevention (b) WAIVER.—This section may be waived resentatives of the United States of America in Objectives. or suspended in the Senate only by the af- Congress assembled, (2) Although the Centers for Disease Con- firmative vote of three-fifths of the Mem- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. trol and Prevention (referred to in this sec- bers, duly chosen and sworn. (a) SHORT TITLE.—This Act may be cited as tion as the ‘‘CDC’’) included family planning (c) APPEALS.—Appeals in the Senate from the ‘‘Prevention First Act’’. in its published list of the Ten Great Public the decisions of the Chair relating to any (b) TABLE OF CONTENTS.—The table of con- Health Achievements in the 20th Century, provision of this section shall be limited to 1 tents for this Act is as follows: the United States still has one of the highest hour, to be equally divided between, and con- Sec. 1. Short title; table of contents. rates of unintended pregnancies among in- trolled by, the appellant and the manager of Sec. 2. Findings. dustrialized nations. the bill or joint resolution, as the case may (3) Each year, 3,000,000 pregnancies, nearly TITLE I—TITLE X OF PUBLIC HEALTH be. An affirmative vote of three-fifths of the half of all pregnancies, in the United States SERVICE ACT Members of the Senate, duly chosen and are unintended, and nearly half of unin- sworn, shall be required to sustain an appeal Sec. 101. Short title. tended pregnancies end in abortion. of the ruling of the Chair on a point of order Sec. 102. Authorization of appropriations. (4) In 2004, 34,400,000 women, half of all raised under this section. TITLE II—EQUITY IN PRESCRIPTION IN- women of reproductive age, were in need of (d) DETERMINATION OF BUDGET LEVELS.— SURANCE AND CONTRACEPTIVE COV- contraceptive services and supplies to help For purposes of this section, the levels of ERAGE prevent unintended pregnancy, and nearly new budget authority, outlays, and revenues Sec. 201. Short title. half of those were in need of public support for a fiscal year shall be determined on the Sec. 202. Amendments to Employee Retire- for such care. basis of estimates made by the Committee ment Income Security Act of (5) The United States has the highest rate on the Budget of the Senate. 1974. of infection with sexually transmitted dis- (e) SUNSET.—This section shall expire on Sec. 203. Amendments to Public Health eases of any industrialized country. In 2005, September 30, 2012. Service Act relating to the there were approximately 19,000,000 new SEC. 3. RECONCILIATION FOR DEFICIT REDUC- group market. cases of sexually transmitted diseases, al- TION OR INCREASING THE SURPLUS Sec. 204. Amendment to Public Health Serv- most half of them occurring in young people IN THE SENATE. ice Act relating to the indi- ages 15 to 24. According to the CDC, these (a) IN GENERAL.—It shall not be in order in vidual market. sexually transmitted diseases impose a tre- the Senate to consider under the expedited TITLE III—EMERGENCY CONTRACEPTION mendous economic burden with direct med- procedures applicable to reconciliation in ical costs as high as $14,100,000,000 per year. EDUCATION AND INFORMATION sections 305 and 310 of the Congressional (6) Increasing access to family planning Budget Act of 1974 any bill, resolution, Sec. 301. Short title. services will improve women’s health and re- amendment, amendment between Houses, Sec. 302. Emergency contraception edu- duce the rates of unintended pregnancy, motion, or conference report that increases cation and information pro- abortion, and infection with sexually trans- the deficit or reduces the surplus in the first grams. mitted diseases. Contraceptive use saves fiscal year covered by the most recently TITLE IV—COMPASSIONATE ASSISTANCE public health dollars. For every dollar spent adopted concurrent resolution on the budget, FOR RAPE EMERGENCIES to increase funding for family planning pro- the period of the first 5 fiscal years covered Sec. 401. Short title. grams under title X of the Public Health by the most recently adopted concurrent res- Sec. 402. Survivors of sexual assault; provi- Service Act, $3.80 is saved. olution on the budget, or the period of the 5 sion by hospitals of emergency (7) Contraception is basic health care that fiscal years following the first 5 fiscal years contraceptives without charge. improves the health of women and children covered by the most recently adopted con- by enabling women to plan and space births. TITLE V—AT-RISK COMMUNITIES TEEN current resolution on the budget. (8) Women experiencing unintended preg- PREGNANCY PREVENTION ACT (b) BUDGET RESOLUTION.—It shall not be in nancy are at greater risk for physical abuse order in the Senate to consider pursuant to Sec. 501. Short title. and women having closely spaced births are sections 301, 305, or 310 of the Congressional Sec. 502. Teen pregnancy prevention. at greater risk of maternal death. Budget Act of 1974 pertaining to concurrent Sec. 503. School-based projects. (9) A child born from an unintended preg- resolutions on the budget any resolution, Sec. 504. Multimedia campaigns. nancy is at greater risk than a child born concurrent resolution, amendment, amend- Sec. 505. National clearinghouse. from an intended pregnancy of low birth ment between the Houses, motion, or con- Sec. 506. Research. weight, dying in the first year of life, being ference report that contains any reconcili- Sec. 507. General requirements. abused, and not receiving sufficient re- ation directive that would increase the def- Sec. 508. Definitions. sources for healthy development. icit or reduce the surplus in the first fiscal TITLE VI—ACCURACY OF (10) The ability to control fertility allows year covered by the most recently adopted CONTRACEPTIVE INFORMATION couples to achieve economic stability by fa- concurrent resolution on the budget, the pe- Sec. 601. Short title. cilitating greater educational achievement riod of the first 5 fiscal years covered by the Sec. 602. Accuracy of contraceptive informa- and participation in the workforce. most recently adopted concurrent resolution tion. (11) Without contraception, a sexually ac- on the budget, or the period of the 5 fiscal TITLE VII—UNINTENDED PREGNANCY tive woman has an 85 percent chance of be- years following the first 5 fiscal years cov- REDUCTION ACT coming pregnant within a year. ered by the most recently adopted concur- (12) The percentage of sexually active Sec. 701. Short title. rent resolution on the budget. women ages 15 through 44 who were not Sec. 702. Medicaid; clarification of coverage (c) SUPERMAJORITY WAIVER AND APPEAL.— using contraception increased from 5.4 per- of family planning services and This section may be waived or suspended in cent to 7.4 percent in 2002, an increase of 37 supplies. the Senate only by an affirmative vote of 3⁄5 percent, according to the CDC. This rep- Sec. 703. Expansion of family planning serv- of the Members, duly chosen and sworn. An resents an apparent increase of 1,430,000 ices. affirmative vote of 3⁄5 of the Members of the women and could raise the rate of unin- Sec. 704. Effective date. Senate, duly chosen and sworn, shall be re- tended pregnancy. quired in the Senate to sustain an appeal of TITLE VIII—RESPONSIBLE EDUCATION (13) Many poor and low-income women can- the ruling of the Chair on a point of order ABOUT LIFE ACT not afford to purchase contraceptive services raised under this section. Sec. 801. Short title. and supplies on their own. In 2003, 20.5 per- Sec. 802. Assistance to reduce teen preg- cent of all women ages 15 through 44 were By Mr. REID (for himself, Mrs. nancy, HIV/AIDS, and other uninsured. CLINTON, MRS. MURRAY, Mrs. sexually transmitted diseases (14) Public health programs, such as the BOXER, Mr. AKAKA, Mr. KERRY, and to support healthy adoles- Medicaid program and family planning pro- Mr. LEAHY, Mr. OBAMA, Mr. cent development. grams under title X of the Public Health Sec. 803. Sense of Congress. SCHUMER, Mr. LAUTENBERG, Mr. Service Act, provide high-quality family Sec. 804. Evaluation of programs. planning services and other preventive KENNEDY, Mr. HARKIN, Mr. Sec. 805. Definitions. health care to underinsured or uninsured in- MENENDEZ, and Mr. INOUYE): Sec. 806. Appropriations. dividuals who may otherwise lack access to S. 21. A bill to expand access to pre- SEC. 2. FINDINGS. health care. ventive health care services that help The Congress finds as follows: (15) The Medicaid program is the single reduce unintended pregnancy, reduce (1) Healthy People 2010 sets forth a reduc- largest source of public funding for family abortions, and improve access to wom- tion of unintended pregnancies as an impor- planning services and HIV/AIDS care in the
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S51 United States. Half of all public dollars spent (24) The available evidence shows that 15 percent of the adolescent population in on contraceptive services and supplies in the many women do not know about emergency the United States, they accounted for 73 per- United States are provided through the Med- contraception, do not know where to get it, cent of new AIDS cases reported among ado- icaid program and more than 6,000,000 low-in- or are unable to access it. Overcoming these lescents in 2004. Latino adolescents, ages age come women of reproductive age rely on obstacles could help ensure that more 13 through 19, accounted for 14 percent of such program for their basic health care women use emergency contraception consist- AIDS cases among adolescents, compared to needs. ently and correctly. 16 percent of all adolescents in the United (16) Each year, family planning services (25) A November 2006 study of declining States, in 2004. Teens in the United States provided under title X of the Public Health pregnancy rates among teens concluded that contract an estimated 9.1 million sexually Service Act enable people in the United the reduction in teen pregnancy between 1995 transmitted infections each year. By age 24, States to prevent approximately 1,000,000 un- and 2002 is primarily the result of increased at least one in four sexually active people intended pregnancies, and one in three use of contraceptives. As such, it is critically between the ages of 15 and 24 will have con- women of reproductive age who obtains test- important that teens receive accurate, unbi- tracted a sexually transmitted disease. ing or treatment for sexually transmitted ased information about contraception. (33) Approximately 50 young people a day, diseases does so at a clinic receiving funds (26) The American Medical Association, an average of two young people every hour of under such title. In 2005, such clinics pro- the American Nurses Association, the Amer- every day, are infected with HIV in the vided 2.5 million Pap smears, over 5.3 million ican Academy of Pediatrics, the American United States. sexually transmitted disease tests, and over College of Obstetricians and Gynecologists, TITLE I—TITLE X OF PUBLIC HEALTH 6.2 million HIV tests. the American Public Health Association, and SERVICE ACT (17) The combination of an increasing num- the Society for Adolescent Medicine, support ber of uninsured individuals, stagnant fund- responsible sexuality education that in- SEC. 101. SHORT TITLE. ing for family planning, health care infla- cludes information about both abstinence This title may be cited as the ‘‘Title X tion, new and expensive contraceptive tech- and contraception. Family Planning Services Act of 2007’’. nologies, increasing costs of contraceptives, (27) Teens who receive comprehensive sexu- SEC. 102. AUTHORIZATION OF APPROPRIATIONS. and improved but expensive screening and ality education that includes discussion of For the purpose of making grants and con- treatment for cervical cancer and sexually contraception as well as abstinence are more tracts under section 1001 of the Public transmitted diseases, has diminished the likely than those who receive abstinence- Health Service Act, there are authorized to ability of clinics receiving funds under title only messages to delay sex, to have fewer be appropriated $700,000,000 for fiscal year X of the Public Health Service Act to ade- partners, and to use contraceptives when 2008 and such sums as may be necessary for quately serve all individuals in need of serv- they do become sexually active. each subsequent fiscal year. ices of such clinics. Taking inflation into ac- (28) Government-funded abstinence-only- TITLE II—EQUITY IN PRESCRIPTION IN- count, funding for the family planning pro- until-marriage programs are precluded from SURANCE AND CONTRACEPTIVE COV- grams under such title declined by 59 percent discussing contraception except to talk ERAGE between 1980 and 2005. about failure rates. An October 2006 report SEC. 201. SHORT TITLE. (18) While the Medicaid program remains by the Government Accountability Office This title may be cited as the ‘‘Equity in the largest source of subsidized family plan- found that the Department of Health and Prescription Insurance and Contraceptive ning services, States are facing significant Human Services does not review the mate- Coverage Act of 2007’’. budgetary pressures to cut their Medicaid rials of recipients of grants administered by SEC. 202. AMENDMENTS TO EMPLOYEE RETIRE- programs, putting many women at risk of such department for scientific accuracy and MENT INCOME SECURITY ACT OF losing coverage for family planning services. requires grantees to review their own mate- 1974. (19) In addition, eligibility under the Med- rials for scientific accuracy. The GAO also (a) IN GENERAL.—Subpart B of part 7 of icaid program in many States is severely re- reported on the Department’s total lack of subtitle B of title I of the Employee Retire- stricted, which leaves family planning serv- appropriate and customary measurements to ment Income Security Act of 1974 (29 U.S.C. ices financially out of reach for many poor determine if funded programs are effective. 1185 et seq.) is amended by adding at the end women. Many States have demonstrated tre- In addition, a separate letter from the Gov- the following: mendous success with Medicaid family plan- ernment Accountability Office found that ‘‘SEC. 714. STANDARDS RELATING TO BENEFITS ning waivers that allow States to expand ac- the Department of Health and Human Serv- FOR CONTRACEPTIVES. cess to Medicaid family planning services. ices is in violation of Federal law by failing ‘‘(a) REQUIREMENTS FOR COVERAGE.—A However, the administrative burden of ap- to enforce a requirement under the Public group health plan, and a health insurance plying for a waiver poses a significant bar- Health Service Act that Federally-funded issuer providing health insurance coverage rier to States that would like to expand grantees working to address the prevention in connection with a group health plan, may their coverage of family planning programs of sexually transmitted diseases, including not— through Medicaid. abstinence-only-until-marriage programs, ‘‘(1) exclude or restrict benefits for pre- (20) As of December of 2006, 24 States of- must provide medically accurate informa- scription contraceptive drugs or devices ap- fered expanded family planning benefits as a tion about the effectiveness of condoms. proved by the Food and Drug Administra- result of Medicaid family planning waivers. (29) Recent scientific reports by the Insti- tion, or generic equivalents approved as sub- The cost-effectiveness of these waivers was tute of Medicine, the American Medical As- stitutable by the Food and Drug Administra- affirmed by a recent evaluation funded by sociation, and the Office on National AIDS tion, if such plan or coverage provides bene- the Centers for Medicare & Medicaid Serv- Policy stress the need for sexuality edu- fits for other outpatient prescription drugs ices. This evaluation of six waivers found cation that includes messages about absti- or devices; or that all family planning programs under nence and provides young people with infor- ‘‘(2) exclude or restrict benefits for out- such waivers resulted in significant savings mation about contraception for the preven- patient contraceptive services if such plan or to both the Federal and State governments. tion of teen pregnancy, HIV/AIDS, and other coverage provides benefits for other out- Moreover, the researchers found measurable sexually transmitted diseases. patient services provided by a health care reductions in unintended pregnancy. (30) A 2006 statement from the American professional (referred to in this section as (21) Although employer-sponsored health Public Health Association (‘‘APHA’’) ‘‘recog- ‘outpatient health care services’). plans have improved coverage of contracep- nizes the importance of abstinence edu- ‘‘(b) PROHIBITIONS.—A group health plan, tive services and supplies, largely in re- cation, but only as part of a comprehensive and a health insurance issuer providing sponse to State contraceptive coverage laws, sexuality education program . . . APHA calls health insurance coverage in connection there is still significant room for improve- for repealing current federal funding for ab- with a group health plan, may not— ment. The ongoing lack of coverage in health stinence-only programs and replacing it with ‘‘(1) deny to an individual eligibility, or insurance plans, particularly in self-insured funding for a new Federal program to pro- continued eligibility, to enroll or to renew and individual plans, continues to place ef- mote comprehensive sexuality education, coverage under the terms of the plan because fective forms of contraception beyond the fi- combining information about abstinence of the individual’s or enrollee’s use or poten- nancial reach of many women. with age-appropriate sexuality education.’’ tial use of items or services that are covered (22) Including contraceptive coverage in (31) Comprehensive sexuality education in accordance with the requirements of this private health care plans saves employers programs respect the diversity of values and section; money. Not covering contraceptives in em- beliefs represented in the community and ‘‘(2) provide monetary payments or rebates ployee health plans costs employers 15 to 17 will complement and augment the sexuality to a covered individual to encourage such in- percent more than providing such coverage. education children receive from their fami- dividual to accept less than the minimum (23) Approved for use by the Food and Drug lies. protections available under this section; Administration, emergency contraception is (32) Nearly half of the 40,000 annual new ‘‘(3) penalize or otherwise reduce or limit a safe and effective way to prevent unin- cases of HIV infections in the United States the reimbursement of a health care profes- tended pregnancy after unprotected sex. New occur in youth ages 13 through 24. African sional because such professional prescribed research confirms that easier access to emer- American and Latino youth have been dis- contraceptive drugs or devices, or provided gency contraceptives does not increase sex- proportionately affected by the HIV/AIDS contraceptive services, described in sub- ual risk-taking or sexually transmitted dis- epidemic. Although African American ado- section (a), in accordance with this section; eases. lescents, ages 13 through 19, represent only or
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S52 CONGRESSIONAL RECORD — SENATE January 4, 2007 ‘‘(4) provide incentives (monetary or other- the coverage or protections provided under ductible, coinsurance, or other cost-sharing wise) to a health care professional to induce this section. or limitation for any such drug shall be con- such professional to withhold from a covered ‘‘(f) DEFINITION.—In this section, the term sistent with those imposed for other out- individual contraceptive drugs or devices, or ‘outpatient contraceptive services’ means patient prescription drugs otherwise covered contraceptive services, described in sub- consultations, examinations, procedures, and under the plan or coverage; section (a). medical services, provided on an outpatient ‘‘(ii) benefits for contraceptive devices ‘‘(c) RULES OF CONSTRUCTION.— basis and related to the use of contraceptive under the plan or coverage, except that such ‘‘(1) IN GENERAL.—Nothing in this section methods (including natural family planning) a deductible, coinsurance, or other cost-shar- shall be construed— to prevent an unintended pregnancy.’’. ing or limitation for any such device shall be ‘‘(A) as preventing a group health plan and (b) CLERICAL AMENDMENT.—The table of consistent with those imposed for other out- a health insurance issuer providing health contents in section 1 of the Employee Retire- patient prescription devices otherwise cov- insurance coverage in connection with a ment Income Security Act of 1974 (29 U.S.C. ered under the plan or coverage; and group health plan from imposing 1001) is amended by inserting after the item ‘‘(iii) benefits for outpatient contraceptive deductibles, coinsurance, or other cost-shar- relating to section 713 the following: services under the plan or coverage, except ing or limitations in relation to— ‘‘Sec. 714. Standards relating to benefits for that such a deductible, coinsurance, or other ‘‘(i) benefits for contraceptive drugs under contraceptives’’. cost-sharing or limitation for any such serv- the plan or coverage, except that such a de- (c) EFFECTIVE DATE.—The amendments ice shall be consistent with those imposed ductible, coinsurance, or other cost-sharing made by this section shall apply with respect for other outpatient health care services oth- or limitation for any such drug shall be con- to plan years beginning on or after January erwise covered under the plan or coverage; sistent with those imposed for other out- 1, 2008. ‘‘(B) as requiring a group health plan and a patient prescription drugs otherwise covered SEC. 203. AMENDMENTS TO PUBLIC HEALTH health insurance issuer providing health in- under the plan or coverage; SERVICE ACT RELATING TO THE surance coverage in connection with a group ‘‘(ii) benefits for contraceptive devices GROUP MARKET. health plan to cover experimental or inves- under the plan or coverage, except that such (a) IN GENERAL.—Subpart 2 of part A of tigational contraceptive drugs or devices, or a deductible, coinsurance, or other cost-shar- title XXVII of the Public Health Service Act experimental or investigational contracep- ing or limitation for any such device shall be (42 U.S.C. 300gg–4 et seq.) is amended by add- tive services, described in subsection (a), ex- consistent with those imposed for other out- ing at the end the following: cept to the extent that the plan or issuer patient prescription devices otherwise cov- ‘‘SEC. 2707. STANDARDS RELATING TO BENEFITS provides coverage for other experimental or ered under the plan or coverage; and FOR CONTRACEPTIVES. investigational outpatient prescription drugs ‘‘(iii) benefits for outpatient contraceptive ‘‘(a) REQUIREMENTS FOR COVERAGE.—A or devices, or experimental or investiga- services under the plan or coverage, except group health plan, and a health insurance tional outpatient health care services; or that such a deductible, coinsurance, or other issuer providing health insurance coverage ‘‘(C) as modifying, diminishing, or limiting cost-sharing or limitation for any such serv- in connection with a group health plan, may the rights or protections of an individual ice shall be consistent with those imposed not— under any other Federal law. for other outpatient health care services oth- ‘‘(1) exclude or restrict benefits for pre- ‘‘(2) LIMITATIONS.—As used in paragraph erwise covered under the plan or coverage; scription contraceptive drugs or devices ap- (1), the term ‘limitation’ includes— ‘‘(B) as requiring a group health plan and a proved by the Food and Drug Administra- ‘‘(A) in the case of a contraceptive drug or health insurance issuer providing health in- tion, or generic equivalents approved as sub- device, restricting the type of health care surance coverage in connection with a group stitutable by the Food and Drug Administra- professionals that may prescribe such drugs health plan to cover experimental or inves- tion, if such plan or coverage provides bene- or devices, utilization review provisions, and tigational contraceptive drugs or devices, or fits for other outpatient prescription drugs limits on the volume of prescription drugs or experimental or investigational contracep- or devices; or devices that may be obtained on the basis of tive services, described in subsection (a), ex- ‘‘(2) exclude or restrict benefits for out- a single consultation with a professional; or cept to the extent that the plan or issuer patient contraceptive services if such plan or ‘‘(B) in the case of an outpatient contra- provides coverage for other experimental or coverage provides benefits for other out- ceptive service, restricting the type of investigational outpatient prescription drugs patient services provided by a health care health care professionals that may provide or devices, or experimental or investiga- professional (referred to in this section as such services, utilization review provisions, tional outpatient health care services; or ‘outpatient health care services’). requirements relating to second opinions ‘‘(C) as modifying, diminishing, or limiting ‘‘(b) PROHIBITIONS.—A group health plan, prior to the coverage of such services, and the rights or protections of an individual and a health insurance issuer providing requirements relating to preauthorizations under any other Federal law. health insurance coverage in connection prior to the coverage of such services. ‘‘(2) LIMITATIONS.—As used in paragraph with a group health plan, may not— ‘‘(d) NOTICE.—A group health plan under (1), the term ‘limitation’ includes— ‘‘(1) deny to an individual eligibility, or this part shall comply with the notice re- ‘‘(A) in the case of a contraceptive drug or continued eligibility, to enroll or to renew quirement under section 714(d) of the Em- device, restricting the type of health care coverage under the terms of the plan because ployee Retirement Income Security Act of professionals that may prescribe such drugs of the individual’s or enrollee’s use or poten- 1974 with respect to the requirements of this or devices, utilization review provisions, and tial use of items or services that are covered section as if such section applied to such plan. limits on the volume of prescription drugs or in accordance with the requirements of this ‘‘(e) PREEMPTION.—Nothing in this section devices that may be obtained on the basis of section; a single consultation with a professional; or shall be construed to preempt any provision ‘‘(2) provide monetary payments or rebates of State law to the extent that such State ‘‘(B) in the case of an outpatient contra- to a covered individual to encourage such in- ceptive service, restricting the type of law establishes, implements, or continues in dividual to accept less than the minimum effect any standard or requirement that pro- health care professionals that may provide protections available under this section; such services, utilization review provisions, vides coverage or protections for enrollees ‘‘(3) penalize or otherwise reduce or limit that are greater than the coverage or protec- requirements relating to second opinions the reimbursement of a health care profes- tions provided under this section. prior to the coverage of such services, and sional because such professional prescribed ‘‘(f) DEFINITION.—In this section, the term requirements relating to preauthorizations contraceptive drugs or devices, or provided ‘outpatient contraceptive services’ means prior to the coverage of such services. contraceptive services, described in sub- consultations, examinations, procedures, and ‘‘(d) NOTICE UNDER GROUP HEALTH PLAN.— section (a), in accordance with this section; medical services, provided on an outpatient The imposition of the requirements of this or basis and related to the use of contraceptive section shall be treated as a material modi- ‘‘(4) provide incentives (monetary or other- methods (including natural family planning) fication in the terms of the plan described in wise) to a health care professional to induce to prevent an unintended pregnancy.’’. section 102(a)(1), for purposes of assuring no- such professional to withhold from covered (b) EFFECTIVE DATE.—The amendments tice of such requirements under the plan, ex- individual contraceptive drugs or devices, or made by this section shall apply with respect cept that the summary description required contraceptive services, described in sub- to group health plans for plan years begin- to be provided under the last sentence of sec- section (a). ning on or after January 1, 2008. tion 104(b)(1) with respect to such modifica- ‘‘(c) RULES OF CONSTRUCTION.— SEC. 204. AMENDMENT TO PUBLIC HEALTH SERV- tion shall be provided by not later than 60 ‘‘(1) IN GENERAL.—Nothing in this section ICE ACT RELATING TO THE INDI- days after the first day of the first plan year shall be construed— VIDUAL MARKET. in which such requirements apply. ‘‘(A) as preventing a group health plan and (a) IN GENERAL.—Part B of title XXVII of ‘‘(e) PREEMPTION.—Nothing in this section a health insurance issuer providing health the Public Health Service Act (42 U.S.C. shall be construed to preempt any provision insurance coverage in connection with a 300gg–41 et seq.) is amended— of State law to the extent that such State group health plan from imposing (1) by redesignating the first subpart 3 (re- law establishes, implements, or continues in deductibles, coinsurance, or other cost-shar- lating to other requirements) as subpart 2; effect any standard or requirement that pro- ing or limitations in relation to— and vides coverage or protections for partici- ‘‘(i) benefits for contraceptive drugs under (2) by adding at the end of subpart 2 the pants or beneficiaries that are greater than the plan or coverage, except that such a de- following:
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S53 ‘‘SEC. 2753. STANDARDS RELATING TO BENEFITS (C) information explaining how to obtain the Secretary shall publish in the Federal FOR CONTRACEPTIVES. copies of the information developed under Register criteria for carrying out this sec- ‘‘The provisions of section 2707 shall apply subsection (b) for distribution to the pa- tion. to health insurance coverage offered by a tients of the providers. TITLE V—AT-RISK COMMUNITIES TEEN health insurance issuer in the individual (d) AUTHORIZATION OF APPROPRIATIONS.— PREGNANCY PREVENTION ACT market in the same manner as they apply to There are authorized to be appropriated to SEC. 501. SHORT TITLE. health insurance coverage offered by a carry out this section such sums as may be health insurance issuer in connection with a This title may be cited as the ‘‘At-Risk necessary for each of the fiscal years 2008 Communities Teen Pregnancy Prevention group health plan in the small or large group through 2012. market.’’. Act of 2007’’. (b) EFFECTIVE DATE.—The amendment TITLE IV—COMPASSIONATE ASSISTANCE SEC. 502. TEEN PREGNANCY PREVENTION. made by this section shall apply with respect FOR RAPE EMERGENCIES (a) IN GENERAL.—The Secretary of Health to health insurance coverage offered, sold, SEC. 401. SHORT TITLE. and Human Services (referred to in this title issued, renewed, in effect, or operated in the This title may be cited as the ‘‘Compas- as the ‘‘Secretary’’) shall make grants to individual market on or after January 1, sionate Assistance for Rape Emergencies Act public and nonprofit private entities for the 2008. of 2007’’. purpose of carrying out projects to prevent TITLE III—EMERGENCY CONTRACEPTION SEC. 402. SURVIVORS OF SEXUAL ASSAULT; PRO- teen pregnancies in communities with a sub- EDUCATION AND INFORMATION VISION BY HOSPITALS OF EMER- stantial incidence or prevalence of cases of SEC. 301. SHORT TITLE. GENCY CONTRACEPTIVES WITHOUT teen pregnancy as compared to the average This title may be cited as the ‘‘Emergency CHARGE. number of such cases in communities in the Contraception Education Act of 2007’’. (a) IN GENERAL.—Federal funds may not be State involved (referred to in this title as provided to a hospital under any health-re- SEC. 302. EMERGENCY CONTRACEPTION EDU- ‘‘eligible communities’’). CATION AND INFORMATION PRO- lated program, unless the hospital meets the (b) REQUIREMENTS REGARDING PURPOSE OF GRAMS. conditions specified in subsection (b) in the GRANTS.—A grant may be made under sub- (a) DEFINITIONS.—For purposes of this sec- case of— section (a) only if, with respect to the ex- tion: (1) any woman who presents at the hospital penditure of the grant to carry out the pur- (1) EMERGENCY CONTRACEPTION.—The term and states that she is a victim of sexual as- pose described in such subsection, the appli- ‘‘emergency contraception’’ means a drug or sault, or is accompanied by someone who cant involved agrees to use one or more of device (as the terms are defined in section states she is a victim of sexual assault; and the following strategies: 201 of the Federal Food, Drug, and Cosmetic (2) any woman who presents at the hospital (1) Promote effective communication Act (21 U.S.C. 321)) or a drug regimen that whom hospital personnel have reason to be- among families about preventing teen preg- is— lieve is a victim of sexual assault. nancy, particularly communication among (A) used after sexual relations; (b) ASSISTANCE FOR VICTIMS.—The condi- parents or guardians and their children. (B) prevents pregnancy, by preventing ovu- tions specified in this subsection regarding a (2) Educate community members about the lation, fertilization of an egg, or implanta- hospital and a woman described in sub- consequences of teen pregnancy. tion of an egg in a uterus; and section (a) are as follows: (3) Encourage young people to postpone (C) approved by the Food and Drug Admin- (1) The hospital promptly provides the sexual activity and prepare for a healthy, istration. woman with medically and factually accu- successful adulthood. (2) HEALTH CARE PROVIDER.—The term rate and unbiased written and oral informa- (4) Provide educational information, in- ‘‘health care provider’’ means an individual tion about emergency contraception, includ- cluding medically accurate contraceptive in- who is licensed or certified under State law ing information explaining that— formation, for young people in such commu- to provide health care services and who is (A) emergency contraception does not nities who are already sexually active or are operating within the scope of such license. cause an abortion; and at risk of becoming sexually active and in- (3) INSTITUTION OF HIGHER EDUCATION.—The (B) emergency contraception is effective in form young people in such communities term ‘‘institution of higher education’’ has most cases in preventing pregnancy after un- about the responsibilities and consequences the same meaning given such term in section protected sex. of being a parent, and how early pregnancy 1201(a) of the Higher Education Act of 1965 (2) The hospital promptly offers emergency and parenthood can interfere with edu- (20 U.S.C. 1141(a)). contraception to the woman, and promptly cational and other goals. (4) SECRETARY.—The term ‘‘Secretary’’ provides such contraception to her on her re- (c) UTILIZING EFFECTIVE STRATEGIES.—A means the Secretary of Health and Human quest. grant may be made under subsection (a) only Services. (3) The information provided pursuant to if the applicant involved agrees that, in car- (b) EMERGENCY CONTRACEPTION PUBLIC paragraph (1) is in clear and concise lan- rying out the purpose described in such sub- EDUCATION PROGRAM.— guage, is readily comprehensible, and meets section, the applicant will, whenever pos- (1) IN GENERAL.—The Secretary, acting such conditions regarding the provision of sible, use strategies that have been dem- through the Director of the Centers for Dis- the information in languages other than onstrated to be effective, or that incorporate ease Control and Prevention, shall develop English as the Secretary may establish. characteristics of effective programs. and disseminate to the public information on (4) The services described in paragraphs (1) (d) REPORT.—A grant may be made under emergency contraception. through (3) are not denied because of the in- subsection (a) only if the applicant involved (2) DISSEMINATION.—The Secretary may ability of the woman or her family to pay for agrees to submit to the Secretary, in accord- disseminate information under paragraph (1) the services. ance with the criteria of the Secretary, a re- directly or through arrangements with non- (c) DEFINITIONS.—For purposes of this sec- port that provides information on the profit organizations, consumer groups, insti- tion: project under such subsection, including out- tutions of higher education, Federal, State, (1) The term ‘‘emergency contraception’’ comes. The Secretary shall make such re- or local agencies, clinics, and the media. means a drug, drug regimen, or device that— ports available to the public. (3) INFORMATION.—The information dis- (A) is used postcoitally; (e) EVALUATIONS.—Not later than 12 seminated under paragraph (1) shall include, (B) prevents pregnancy by delaying ovula- months after the date of the enactment of at a minimum, a description of emergency tion, preventing fertilization of an egg, or this Act, the Secretary shall, directly or contraception and an explanation of the use, preventing implantation of an egg in a uter- through contract, provide for evaluations of safety, efficacy, and availability of such con- us; and six projects under subsection (a). Such eval- traception. (C) is approved by the Food and Drug Ad- uations shall describe— (c) EMERGENCY CONTRACEPTION INFORMA- ministration. (1) the activities carried out with the TION PROGRAM FOR HEALTH CARE PRO- (2) The term ‘‘hospital’’ has the meanings grant; and VIDERS.— given such term in title XVIII of the Social (2) how such activities increased education (1) IN GENERAL.—The Secretary, acting Security Act, including the meaning applica- and awareness services relating to the pre- through the Administrator of the Health Re- ble in such title for purposes of making pay- vention of teen pregnancy. sources and Services Administration and in ments for emergency services to hospitals (f) AUTHORIZATION OF APPROPRIATIONS.— consultation with major medical and public that do not have agreements in effect under For the purpose of carrying out this section, health organizations, shall develop and dis- such title. there are authorized to be appropriated such seminate to health care providers informa- (3) The term ‘‘Secretary’’ means the Sec- sums as may be necessary for each of the fis- tion on emergency contraception. retary of Health and Human Services. cal years 2008 through 2012. (2) INFORMATION.—The information dis- (4) The term ‘‘sexual assault’’ means coitus SEC. 503. SCHOOL-BASED PROJECTS. seminated under paragraph (1) shall include, in which the woman involved does not con- (a) IN GENERAL.—The Secretary of Health at a minimum— sent or lacks the legal capacity to consent. and Human Services may make grants to (A) information describing the use, safety, (d) EFFECTIVE DATE; AGENCY CRITERIA.— public and nonprofit private entities for the efficacy, and availability of emergency con- This section takes effect upon the expiration purpose of establishing and operating for eli- traception; of the 180-day period beginning on the date of gible communities, in association with pub- (B) a recommendation regarding the use of the enactment of this Act. Not later than 30 lic secondary schools for such communities, such contraception in appropriate cases; and days prior to the expiration of such period, projects for one or more of the following:
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S54 CONGRESSIONAL RECORD — SENATE January 4, 2007 (1) To carry out activities, including coun- (2) To support parents in their essential (B) efforts to link the measures to relevant seling, to prevent teen pregnancy. role in preventing teen pregnancy by equip- databases, including health databases. (2) To provide necessary social and cultural ping parents with information and resources (c) PRIORITY.—In making grants under sub- support services regarding teen pregnancy. to promote and strengthen communication section (a), the Secretary shall give priority (3) To provide health and educational serv- with their children about sex, values, and to research that incorporates— ices related to the prevention of teen preg- positive relationships, including healthy re- (1) interdisciplinary approaches; or nancy. lationships. (2) a strong emphasis on community-based (4) To promote better health and edu- (c) REQUIREMENTS FOR GRANTEE.—A grant participatory research. cational outcomes among pregnant teens. may be made under subsection (a) only if the (d) AUTHORIZATION OF APPROPRIATIONS.— (5) To provide training for individuals who applicant involved is an organization that For the purpose of carrying out this section, plan to work in school-based support pro- meets the following conditions: there is authorized to be appropriated such grams regarding the prevention of teen preg- (1) The organization is a nationally recog- sums as may be necessary for each of the fis- nancy. nized, nonpartisan organization that focuses cal years 2008 through 2012. (b) PRIORITY.—In making grants under sub- exclusively on preventing teen pregnancy SEC. 507. GENERAL REQUIREMENTS. section (a), the Secretary shall give priority and has at least 10 years of experience in (a) MEDICALLY ACCURATE INFORMATION.—A to providing for projects under such sub- working with diverse groups to reduce the grant may be made under this title only if section in eligible communities. rate of teen pregnancy. the applicant involved agrees that all infor- (c) REQUIRED COALITION.—A grant may be (2) The organization has a demonstrated mation provided pursuant to the grant will made under subsection (a) only if the appli- ability to work with and provide assistance be age-appropriate, factually and medically cant involved has formed an appropriate coa- to a broad range of individuals and entities, accurate and complete, and scientifically lition of entities for purposes of carrying out including teens; parents; the entertainment based. a project under such subsection, including— and news media; State, tribal, and local or- (b) CULTURAL CONTEXT OF SERVICES.—A (1) one or more public secondary schools ganizations; networks of teen pregnancy pre- grant may be made under this title only if for the eligible community involved; and vention practitioners; businesses; faith and the applicant involved agrees that informa- (2) entities to provide the services of the community leaders; and researchers. tion, activities, and services under the grant project. (3) The organization has experience in the that are directed toward a particular popu- lation group will be provided in the language (d) TRAINING.—A grant under subsection (a) use of culturally competent and linguis- and cultural context that is most appro- may be expended to train individuals to pro- tically appropriate methods to address teen priate for individuals in such group. vide the services described in paragraphs (1) pregnancy in eligible communities. (c) APPLICATION FOR GRANT.—A grant may and (2) of such subsection for the project in- (4) The organization conducts or supports be made under this title only if an applica- volved. research and has experience with scientific tion for the grant is submitted to the Sec- (e) AUTHORIZATION OF APPROPRIATIONS.— analyses and evaluations. retary and the application is in such form, is For the purpose of carrying out this section, (5) The organization has comprehensive made in such manner, and contains such there is authorized to be appropriated such knowledge and data about strategies for the agreements, assurances, and information as sums as may be necessary for each of the fis- prevention of teen pregnancy. the Secretary determines to be necessary to cal years 2008 through 2012. (6) The organization has experience in car- carry out the program involved. SEC. 504. MULTIMEDIA CAMPAIGNS. rying out functions similar to the functions SEC. 508. DEFINITIONS. (a) IN GENERAL.—The Secretary of Health described in subsection (b). For purposes of this title: and Human Services shall make grants to (d) AUTHORIZATION OF APPROPRIATIONS.— (1) The term ‘‘eligible community’’ has the public and nonprofit private entities for the For the purpose of carrying out this section, meaning indicated for such term in section purpose of carrying out multimedia cam- there is authorized to be appropriated such 502(a). paigns to provide public education and in- sums as may be necessary for each of the fis- (2) The term ‘‘racial or ethnic minority or crease awareness with respect to the issue of cal years 2008 through 2012. immigrant communities’’ means commu- teen pregnancy and related social and emo- SEC. 506. RESEARCH. nities with a substantial number of residents tional issues. (a) IN GENERAL.—The Secretary of Health who are members of racial or ethnic minor- (b) PRIORITY.—In making grants under sub- and Human Services, acting through the Di- ity groups or who are immigrants. section (a), the Secretary shall give priority rector of the Centers for Disease Control and (3) The term ‘‘Secretary’’ has the meaning to campaigns described in such subsection Prevention, shall make grants to public or indicated for such term in section 502(a). that are directed toward eligible commu- nonprofit private entities to conduct, sup- nities. port, and coordinate research on the preven- TITLE VI—ACCURACY OF (c) REQUIREMENTS.—A grant may be made tion of teen pregnancy in eligible commu- CONTRACEPTIVE INFORMATION under subsection (a) only if the applicant in- nities, including research on the factors con- SEC. 601. SHORT TITLE. volved agrees that the multimedia campaign tributing to the disproportionate rates of This title may be cited as the ‘‘Truth in under such subsection will— teen pregnancy in such communities. Contraception Act of 2007’’. (1) provide information on the prevention (b) RESEARCH.—In carrying out subsection SEC. 602. ACCURACY OF CONTRACEPTIVE INFOR- of teen pregnancy; (a), the Secretary shall support research MATION. (2) provide information that identifies or- that— Notwithstanding any other provision of ganizations in the communities involved (1) investigates and determines the inci- law, any information concerning the use of a that— dence and prevalence of teen pregnancy in contraceptive provided through any feder- (A) provide health and educational services communities described in such subsection; ally funded sex education, family life edu- related to the prevention of teen pregnancy; (2) examines— cation, abstinence education, comprehensive and (A) the extent of the impact of teen preg- health education, or character education (B) provide necessary social and cultural nancy on— program shall be medically accurate and support services; and (i) the health and well-being of teenagers shall include health benefits and failure (3) coincide with efforts of the National in the communities; and rates relating to the use of such contracep- Clearinghouse for Teen Pregnancy Preven- (ii) the scholastic achievement of such tive. tion that are made under section 505(b)(1). teenagers; TITLE VII—UNINTENDED PREGNANCY (d) AUTHORIZATION OF APPROPRIATIONS.— (B) the variance in the rates of teen preg- REDUCTION ACT For the purpose of carrying out this section, nancy by— SEC. 701. SHORT TITLE. there is authorized to be appropriated such (i) location (such as inner cities, inner sub- This title may be cited as the ‘‘Unintended sums as may be necessary for each of the fis- urbs, and outer suburbs); Pregnancy Reduction Act of 2007’’. cal years 2008 through 2012. (ii) population subgroup (such as Hispanic, SEC. 702. MEDICAID; CLARIFICATION OF COV- SEC. 505. NATIONAL CLEARINGHOUSE. Asian-Pacific Islander, African-American, ERAGE OF FAMILY PLANNING SERV- (a) IN GENERAL.—The Secretary shall make Native American); and ICES AND SUPPLIES. grants to a nonprofit private entity to estab- (iii) level of acculturation; Section 1937(b) of the Social Security Act lish and operate a National Clearinghouse (C) the importance of the physical and so- (42 U.S.C. 1396u–7(b)) is amended by adding at for Teen Pregnancy Prevention (referred to cial environment as a factor in placing com- the end the following: in this section as the ‘‘Clearinghouse’’) for munities at risk of increased rates of teen ‘‘(5) COVERAGE OF FAMILY PLANNING SERV- the purposes described in subsection (b). pregnancy; and ICES AND SUPPLIES.—Notwithstanding the (b) PURPOSES OF CLEARINGHOUSE.—The pur- (D) the importance of aspirations as a fac- previous provisions of this section, a State poses referred to in subsection (a) regarding tor affecting young women’s risk of teen may not provide for medical assistance the Clearinghouse are as follows: pregnancy; and through enrollment of an individual with (1) To provide information and technical (3) is used to develop— benchmark coverage or benchmark-equiva- assistance to States, Indian tribes, local (A) measures to address race, ethnicity, so- lent coverage under this section unless such communities, and other public or private en- cioeconomic status, environment, and edu- coverage includes for any individual de- tities to develop content and messages for cational attainment and the relationship to scribed in section 1905(a)(4)(C), medical as- teens and adults that address and seek to re- the incidence and prevalence of teen preg- sistance for family planning services and duce the rate of teen pregnancy. nancy; and supplies in accordance with such section.’’.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S55 SEC. 703. EXPANSION OF FAMILY PLANNING assistance only because of subparagraph ‘‘(A) during a presumptive eligibility pe- SERVICES. (A)(10)(i)(VIII), such medical assistance may riod; (a) COVERAGE AS MANDATORY CATEGORI- be limited to family planning services and ‘‘(B) by a entity that is eligible for pay- CALLY NEEDY GROUP.— supplies described in 1905(a)(4)(C) and, at the ments under the State plan; and (1) IN GENERAL.—Section 1902(a)(10)(A)(i) of State’s option, medical diagnosis or treat- ‘‘(2) is included in the care and services the Social Security Act (42 U.S.C. ment services that are provided in conjunc- covered by the State plan, shall be treated as 1396a(a)(10)(A)(i)) is amended— tion with a family planning service in a fam- medical assistance provided by such plan for (A) in subclause (VI), by striking ‘‘or’’ at ily planning setting provided during the pe- purposes of clause (4) of the first sentence of the end; riod in which such an individual is eligible. section 1905(b).’’. (B) in subclause (VII), by adding ‘‘or’’ at ‘‘(b) DEFINITIONS.—For purposes of this sec- (2) CONFORMING AMENDMENTS.— the end; and tion: (A) Section 1902(a)(47) of the Social Secu- (C) by adding at the end the following new ‘‘(1) PRESUMPTIVE ELIGIBILITY PERIOD.—The rity Act (42 U.S.C. 1396a(a)(47)) is amended by subclause: term ‘presumptive eligibility period’ means, inserting before the semicolon at the end the ‘‘(VIII) who are described in subsection (dd) with respect to an individual described in following: ‘‘and provide for making medical (relating to individuals who meet the income subsection (a), the period that— assistance available to individuals described standards for pregnant women);’’. ‘‘(A) begins with the date on which a quali- in subsection (a) of section 1920C during a (2) GROUP DESCRIBED.—Section 1902 of the fied entity determines, on the basis of pre- presumptive eligibility period in accordance Social Security Act (42 U.S.C. 1396a) is liminary information, that the individual is with such section.’’. amended by adding at the end the following described in section 1902(dd); and (B) Section 1903(u)(1)(D)(v) of such Act (42 new subsection: ‘‘(B) ends with (and includes) the earlier U.S.C. 1396b(u)(1)(D)(v)) is amended— of— ‘‘(dd)(1) Individuals described in this sub- (i) by striking ‘‘or for’’ and inserting ‘‘, ‘‘(i) the day on which a determination is section are individuals who— for’’; and made with respect to the eligibility of such ‘‘(A) meet at least the income eligibility (ii) by inserting before the period the fol- individual for services under the State plan; standards established under the State plan lowing: ‘‘, or for medical assistance provided or as of January 1, 2007, for pregnant women or to an individual described in subsection (a) ‘‘(ii) in the case of such an individual who such higher income eligibility standard for of section 1920C during a presumptive eligi- does not file an application by the last day of such women as the State may establish; and bility period under such section’’. ‘‘(B) are not pregnant. the month following the month during which the entity makes the determination referred SEC. 704. EFFECTIVE DATE. ‘‘(2) At the option of a State, individuals (a) IN GENERAL.—Except as provided in described in this subsection may include in- to in subparagraph (A), such last day. ‘‘(2) QUALIFIED ENTITY.— paragraph (2), the amendments made by this dividuals who are determined to meet the in- title take effect on October 1, 2007. come eligibility standards referred to in ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the term ‘qualified entity’ means any (b) EXTENSION OF EFFECTIVE DATE FOR paragraph (1)(A) under the terms and condi- STATE LAW AMENDMENT.—In the case of a tions applicable to making eligibility deter- entity that— ‘‘(i) is eligible for payments under a State State plan under title XIX of the Social Se- minations for medical assistance under this curity Act (42 U.S.C. 1396 et seq.) which the title under a waiver to provide the benefits plan approved under this title; and ‘‘(ii) is determined by the State agency to Secretary of Health and Human Services de- described in clause (XV) of the matter fol- termines requires State legislation in order lowing subparagraph (G) of section 1902(a)(10) be capable of making determinations of the type described in paragraph (1)(A). for the plan to meet the additional require- granted to the State under section 1115 as of ments imposed by the amendments made by ‘‘(B) REGULATIONS.—The Secretary may January 1, 2007.’’. this title, the State plan shall not be re- (3) LIMITATION ON BENEFITS.—Section issue regulations further limiting those enti- ties that may become qualified entities in garded as failing to comply with the require- 1902(a)(10) of the Social Security Act (42 ments of such title solely on the basis of its U.S.C. 1396a(a)(10)) is amended in the matter order to prevent fraud and abuse and for other reasons. failure to meet these additional require- following subparagraph (G)— ments before the first day of the first cal- (A) by striking ‘‘and (XIV)’’ and inserting ‘‘(C) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed as pre- endar quarter beginning after the close of ‘‘(XIV)’’; and the first regular session of the State legisla- (B) by inserting ‘‘, and (XV) the medical venting a State from limiting the classes of entities that may become qualified entities, ture that begins after the date of the enact- assistance made available to an individual ment of this Act. For purposes of the pre- described in subsection (dd) who is eligible consistent with any limitations imposed under subparagraph (B). vious sentence, in the case of a State that for medical assistance only because of sub- has a 2-year legislative session, each year of paragraph (A)(10)(i)(VIII) shall be limited to ‘‘(c) ADMINISTRATION.— ‘‘(1) IN GENERAL.—The State agency shall the session is considered to be a separate family planning services and supplies de- regular session of the State legislature. scribed in 1905(a)(4)(C) and, at the State’s op- provide qualified entities with— TITLE VIII—RESPONSIBLE EDUCATION tion, medical diagnosis or treatment services ‘‘(A) such forms as are necessary for an ap- ABOUT LIFE ACT that are provided in conjunction with a fam- plication to be made by an individual de- ily planning service in a family planning set- scribed in subsection (a) for medical assist- SEC. 801. SHORT TITLE. ting provided during the period in which ance under the State plan; and This title may be cited as the ‘‘Responsible such an individual is eligible;’’ after ‘‘cer- ‘‘(B) information on how to assist such in- Education About Life Act of 2007’’. vical cancer’’. dividuals in completing and filing such SEC. 802. ASSISTANCE TO REDUCE TEEN PREG- forms. (4) CONFORMING AMENDMENTS.—Section NANCY, HIV/AIDS, AND OTHER SEXU- 1905(a) of the Social Security Act (42 U.S.C. ‘‘(2) NOTIFICATION REQUIREMENTS.—A quali- ALLY TRANSMITTED DISEASES AND 1396d(a)) is amended in the matter preceding fied entity that determines under subsection TO SUPPORT HEALTHY ADOLES- CENT DEVELOPMENT. paragraph (1)— (b)(1)(A) that an individual described in sub- (a) IN GENERAL.—Each eligible State shall (A) in clause (xii), by striking ‘‘or’’ at the section (a) is presumptively eligible for med- be entitled to receive from the Secretary of end; ical assistance under a State plan shall— Health and Human Services, for each of the (B) in clause (xii), by adding ‘‘or’’ at the ‘‘(A) notify the State agency of the deter- fiscal years 2008 through 2012, a grant to con- end; and mination within 5 working days after the duct programs of family life education, in- (C) by inserting after clause (xiii) the fol- date on which determination is made; and cluding education on both abstinence and lowing: ‘‘(B) inform such individual at the time the contraception for the prevention of teenage ‘‘(xiv) individuals described in section determination is made that an application pregnancy and sexually transmitted dis- 1902(dd),’’. for medical assistance is required to be made by not later than the last day of the month eases, including HIV/AIDS. (b) PRESUMPTIVE ELIGIBILITY.— following the month during which the deter- (b) REQUIREMENTS FOR FAMILY LIFE PRO- (1) IN GENERAL.—Title XIX of the Social GRAMS.—For purposes of this title, a program Security Act (42 U.S.C. 1396 et seq.) is mination is made. of family life education is a program that— amended by inserting after section 1920B the ‘‘(3) APPLICATION FOR MEDICAL ASSIST- (1) is age-appropriate and medically accu- following: ANCE.—In the case of an individual described in subsection (a) who is determined by a rate; ‘‘PRESUMPTIVE ELIGIBILITY FOR FAMILY qualified entity to be presumptively eligible (2) does not teach or promote religion; PLANNING SERVICES for medical assistance under a State plan, (3) teaches that abstinence is the only sure ‘‘SEC. 1920C. (a) STATE OPTION.—A State the individual shall apply for medical assist- way to avoid pregnancy or sexually trans- plan approved under section 1902 may pro- ance by not later than the last day of the mitted diseases; vide for making medical assistance available month following the month during which the (4) stresses the value of abstinence while to an individual described in section 1902(dd) determination is made. not ignoring those young people who have (relating to individuals who meet the income ‘‘(d) PAYMENT.—Notwithstanding any other had or are having sexual intercourse; eligibility standard for pregnant women in provision of this title, medical assistance (5) provides information about the health the State) during a presumptive eligibility that— benefits and side effects of all contraceptives period. In the case of an individual described ‘‘(1) is furnished to an individual described and barrier methods as a means to prevent in section 1902(dd) who is eligible for medical in subsection (a)— pregnancy;
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S56 CONGRESSIONAL RECORD — SENATE January 4, 2007 (6) provides information about the health (E) a list of best practices based upon es- I am introducing, entitled the Post–9/11 benefits and side effects of all contraceptives sential programmatic components of evalu- Veterans Educational Assistance Act and barrier methods as a means to reduce ated programs that have led to success in of 2007. This bill is designed to expand the risk of contracting sexually transmitted subparagraphs (A) through (D). the educational benefits that our Na- diseases, including HIV/AIDS; (2) REPORT.—A report providing the results (7) encourages family communication be- of the national evaluation under paragraph tion offers to the brave men and tween parent and child about sexuality; (1) shall be submitted to Congress not later women who have served us so honor- (8) teaches young people the skills to make than March 31, 2011, with an interim report ably since the terrorist attacks of Sep- responsible decisions about sexuality, in- provided on an annual basis at the end of tember 11, 2001. cluding how to avoid unwanted verbal, phys- each fiscal year. As a veteran who hails from a family ical, and sexual advances and how not to (c) INDIVIDUAL STATE EVALUATIONS.— with a long history of military service, make unwanted verbal, physical, and sexual (1) IN GENERAL.—A condition for the re- I am proud to offer this bill as my first advances; and ceipt of a grant under section 802 is that the piece of legislation in the United (9) teaches young people how alcohol and State involved agree to provide for the eval- drug use can effect responsible decision mak- uation of the programs of family education States Senate. ing. carried out with the grant in accordance Most of us know that our country has (c) ADDITIONAL ACTIVITIES.—In carrying with the following: a tradition—since World War II—of of- out a program of family life education, a (A) The evaluation will be conducted by an fering educational assistance to return- State may expend a grant under subsection external, independent entity. ing veterans. In the 1940s, the first G.I. (a) to carry out educational and motiva- (B) The purposes of the evaluation will be bill helped transform notions of equal- tional activities that help young people— the determination of— ity in American society. The G.I. bill (1) gain knowledge about the physical, (i) the effectiveness of such programs in program was designed to help veterans emotional, biological, and hormonal changes helping to delay the initiation of sexual of adolescence and subsequent stages of intercourse and other high-risk behaviors; readjust to civilian life, avoid high lev- human maturation; (ii) the effectiveness of such programs in els of unemployment, and give veterans (2) develop the knowledge and skills nec- preventing adolescent pregnancy; the opportunity to receive the edu- essary to ensure and protect their sexual and (iii) the effectiveness of such programs in cation and training that they missed reproductive health from unintended preg- preventing sexually transmitted disease, in- while bravely serving in the military. nancy and sexually transmitted disease, in- cluding HIV/AIDS; and To achieve these goals, the post- cluding HIV/AIDS throughout their lifespan; (iv) the effectiveness of such programs in World War II G.I. bill paid for veterans’ (3) gain knowledge about the specific in- increasing contraceptive knowledge and con- tuition, books, fees, and other training volvement and responsibility of males in sex- traceptive behaviors when sexual intercourse costs, and also gave a monthly stipend. ual decision making; occurs. (4) develop healthy attitudes and values (2) USE OF GRANT.—A condition for the re- After World War II, 7.8 million veterans about adolescent growth and development, ceipt of a grant under section 802 is that the used the benefits given under the origi- body image, racial and ethnic diversity, and State involved agree that not more than 10 nal G.I. bill in some form, out of a war- other related subjects; percent of the grant will be expended for the time veteran population of 15 million. (5) develop and practice healthy life skills, evaluation under paragraph (1). Over the last several decades, Con- including goal-setting, decision making, ne- SEC. 805. DEFINITIONS. gress subsequently passed several other gotiation, communication, and stress man- For purposes of this title: G.I. bills, which also gave educational agement; (1) The term ‘‘eligible State’’ means a benefits to veterans. However, benefits (6) promote self-esteem and positive inter- State that submits to the Secretary an ap- personal skills focusing on relationship dy- awarded under those subsequent bills plication for a grant under section 802 that is have not been as generous as our Na- namics, including friendships, dating, ro- in such form, is made in such manner, and mantic involvement, marriage and family contains such agreements, assurances, and tion’s original G.I. bill. interactions; and information as the Secretary determines to Currently, veterans’ educational ben- (7) prepare for the adult world by focusing be necessary to carry out this title. efits are administered under the Mont- on educational and career success, including (2) The term ‘‘HIV/AIDS’’ means the gomery G.I. bill. This program periodi- developing skills for employment prepara- human immunodeficiency virus, and includes cally adjusts veterans’ educational tion, job seeking, independent living, finan- acquired immune deficiency syndrome. benefits, but the program is designed cial self-sufficiency, and workplace produc- (3) The term ‘‘medically accurate’’, with primarily for peacetime—not war- tivity. respect to information, means information time—service. SEC. 803. SENSE OF CONGRESS. that is supported by research, recognized as Yet, now our Nation is fighting a It is the sense of Congress that while accurate and objective by leading medical, States are not required under this title to psychological, psychiatric, and public health worldwide war against terrorism. Since provide matching funds, with respect to organizations and agencies, and where rel- 9/11, we have witnessed a sharp increase grants authorized under section 802(a), they evant, published in peer review journals. in the demands placed upon our mili- are encouraged to do so. (4) The term ‘‘Secretary’’ means the Sec- tary. Many of our military members SEC. 804. EVALUATION OF PROGRAMS. retary of Health and Human Services. are serving two or three tours of duty (a) IN GENERAL.—For the purpose of evalu- SEC. 806. APPROPRIATIONS. in Iraq and Afghanistan. In light of ating the effectiveness of programs of family (a) IN GENERAL.—For the purpose of car- these immense hardships, it is now life education carried out with a grant under rying out this title, there are authorized to time to implement a more robust edu- section 802, evaluations of such program be appropriated such sums as may be nec- cational assistance program for our he- shall be carried out in accordance with sub- essary for each of the fiscal years 2008 sections (b) and (c). through 2012. roic veterans who have sacrificed so (b) NATIONAL EVALUATION.— (b) ALLOCATIONS.—Of the amounts appro- much for our great Nation. (1) IN GENERAL.—The Secretary shall pro- priated under subsection (a) for a fiscal The Post–9/11 Veterans Educational vide for a national evaluation of a represent- year— Assistance Act of 2007 does just that. ative sample of programs of family life edu- (1) not more than 7 percent may be used for This bill is designed to give our return- cation carried out with grants under section the administrative expenses of the Secretary ing troops educational benefits iden- 802. A condition for the receipt of such a in carrying out this title for that fiscal year; tical to the benefits provided to vet- grant is that the State involved agree to co- and erans after World War II. operate with the evaluation. The purposes of (2) not more than 10 percent may be used the national evaluation shall be the deter- for the national evaluation under section The new benefits package under the mination of— 804(b). bill I am introducing today will include (A) the effectiveness of such programs in the costs of tuition, room and board, helping to delay the initiation of sexual By Mr. WEBB: and a monthly stipend of $1,000. By intercourse and other high-risk behaviors; S. 22. A bill to amend title 38, United contrast, existing law under the Mont- (B) the effectiveness of such programs in States Code, to establish a program of gomery G.I. bill provides educational preventing adolescent pregnancy; educational assistance for members of support of up to $1,000 per month for (C) the effectiveness of such programs in the Armed Forces who serve in the four years, totaling $9,000 for each aca- preventing sexually transmitted disease, in- Armed Forces after September 11, 2001, cluding HIV/AIDS; demic year. This benefit simply is in- (D) the effectiveness of such programs in and for other purposes; to the Com- sufficient after 9/11. increasing contraceptive knowledge and con- mittee on Veterans’ Affairs. For example, costs of tuition, room, traceptive behaviors when sexual intercourse Mr. WEBB. Mr. President, I rise and board for an in-state student at occurs; and today to speak in support of a bill that George Mason University, located in
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S57 Fairfax, Virginia, add up to approxi- erans Educational Assistance Act of by a grateful Nation to veterans of World mately $14,000 per year. In addition, ex- 2007 is not only the right thing to do War II. isting law requires participating serv- for our men and women in uniform, but SEC. 3. EDUCATIONAL ASSISTANCE FOR MEM- BERS OF THE ARMED FORCES WHO ice members to pay $1,200 during their it also is a strong tonic for an economy SERVE AFTER SEPTEMBER 11, 2001. first year of service in order to even plagued by growing disparities in (a) EDUCATIONAL ASSISTANCE AUTHOR- qualify for the benefit. wealth, stagnant wages, and the IZED.— Let me briefly summarize some of outsourcing of American jobs. (1) IN GENERAL.—Part III of title 38, United the reforms that are contained in the Mr. President I am a proud veteran States Code, is amended by inserting after bill I am introducing today. who is honored to serve this great Na- chapter 32 the following new chapter: First, these increased educational tion. As long as I represent Virginians ‘‘CHAPTER 33—POST-9/11 EDUCATIONAL benefits will be available to those in the United States Senate, I will ASSISTANCE members of the military who have make it a priority to help protect our ‘‘SUBCHAPTER I—DEFINITIONS served on active duty since September brave men and women in uniform. ‘‘Sec. 11, 2001. In general, to qualify, veterans I am honored that the Senate Major- ‘‘3301. Definitions. must have served at least two years of ity Leader has agreed to join with me ‘‘SUBCHAPTER II—EDUCATIONAL ASSISTANCE active duty, with at least some period to be a defender and advocate of our ‘‘3311. Educational assistance for service in of active duty time served beginning on veterans. The Majority Leader has in- the Armed Forces after Sep- or after September 11, 2001. cluded the concepts of the bill I intro- tember 11, 2001: entitlement. Next, the bill provides for edu- duce today in his leadership bill de- ‘‘3312. Educational assistance: duration. ‘‘3313. Educational assistance: payment; cational benefits to be paid for a dura- signed to rebuild the United States amount. tion of time that is linked to time military. Additionally, I plan to work ‘‘3314. Tutorial assistance. served in the military. Generally, vet- closely with Veterans’ Affairs Com- ‘‘3315. Licensing and certification tests. erans will not receive assistance for mittee Chairman AKAKA—and all of my ‘‘SUBCHAPTER III—ADMINISTRATIVE PROVISIONS more than a total of 36 months, which Senate colleagues—to statutorily up- ‘‘3321. Time limitation for use of and eligi- equals four academic years. date G.I. benefits. bility for entitlement. Third, as I mentioned a moment ago, Together we can provide the deserv- ‘‘3322. Bar to duplication of educational as- my bill would allow veterans pursuing ing veterans of the 9/11 with the same sistance benefits. an approved program of education to program of benefits that our fathers ‘‘3323. Administration. receive payments covering the estab- and grandfathers received after World ‘‘3324. Allocation of administration and costs. lished charges of their program, room War II. and board, and a monthly stipend of Mr. President, I ask that the bill I in- ‘‘SUBCHAPTER I—DEFINITIONS $1,000. Moreover, the bill would allow troduce today—the Post-9/11 Veterans ‘‘§ 3301. Definitions additional payments for tutorial assist- Educational Assistance Act of 2007—be ‘‘In this chapter: ance, as well as licensure and certifi- printed in the RECORD along with this ‘‘(1) The term ‘active duty’ has the mean- cation tests. statement. ing given such term in sections 101 and 3002(7) of this title and includes the limita- Fourth, veterans would have up to 15 There being no objection, the text of tions specified in section 3002(6) of this title. years to use their educational assist- the bill was ordered to be printed in ‘‘(2) The terms ‘program of education’, ance entitlement. But veterans would the RECORD, as follows: ‘Secretary of Defense’, and ‘Selected Re- be barred from receiving concurrent as- S. 22 serve’ have the meaning given such terms in sistance from this program and an- Be it enacted by the Senate and House of Rep- section 3002 of this title. other similar program, such as the resentatives of the United States of America in ‘‘SUBCHAPTER II—EDUCATIONAL Montgomery G.I. bill program. Congress assembled, ASSISTANCE Finally, under this bill, the Sec- SECTION 1. SHORT TITLE. ‘‘§ 3311. Educational assistance for service in retary of Veterans Affairs would ad- This Act may be cited as the ‘‘Post-9/11 the Armed Forces after September 11, 2001: minister the program, promulgate Veterans Educational Assistance Act of entitlement rules to carry out the new law, and pay 2007’’. ‘‘(a) ENTITLEMENT.—Except as provided in for the program from funds made avail- SEC. 2. FINDINGS. subsection (c) and subject to subsections (d) able to the Department of Veterans Af- Congress makes the following findings: through (f), each individual described in sub- (1) On September 11, 2001, terrorists at- fairs for the payment of readjustment section (b) is entitled to educational assist- tacked the United States, and the brave ance under this chapter. benefits. members of the Armed Forces of the United ‘‘(b) COVERED INDIVIDUALS.—An individual Again, I note that the benefits I have States were called to the defense of the Na- described in this subsection is any individual outlined today essentially mirror the tion. as follows: benefits allowed under the G.I. bill en- (2) Service on active duty in the Armed ‘‘(1) An individual who— acted after World War II. That bill Forces has been especially arduous for the ‘‘(A) as of September 11, 2001, is a member helped spark economic growth and ex- members of the Armed Forces since Sep- of the Armed Forces and has served an ag- pansion for a whole generation of tember 11, 2001. gregate of at least two years of active duty Americans. The bill I introduce today (3) The United States has a proud history in the Armed Forces; and of offering educational assistance to millions ‘‘(B) after September 10, 2001— likely will have similar beneficial ef- of veterans, as demonstrated by the many ‘‘(i) serves at least 30 days of active duty in fects. As the post-World War II experi- ‘‘G.I. Bills’’ enacted since World War II. Edu- the Armed Forces; or ence so clearly indicated, better edu- cational assistance for veterans helps reduce ‘‘(ii) is discharged or released as described cated veterans have higher income lev- the costs of war, assist veterans in read- in subsection (d)(1). els, which in the long run will increase justing to civilian life after wartime service, ‘‘(2) An individual who— tax revenues. and boost the United States economy, and ‘‘(A) as of September 10, 2001, is a member Moreover, a strong G.I. bill will have has a positive effect on recruitment for the of the Armed Forces; a positive effect on military recruit- Armed Forces. ‘‘(B) as of any date on or after September (4) The current educational assistance pro- 11, 2001— ment, broadening the socio-economic gram for veterans is outmoded and designed ‘‘(i) has served an aggregate of at least two makeup of the military and reducing for peacetime service in the Armed Forces. years of active duty in the Armed Forces; or the direct costs of recruitment. (5) The people of the United States greatly ‘‘(ii) before completion of service as de- Perhaps more importantly, better- value military service and recognize the dif- scribed in clause (i), is discharged or released educated veterans have a more positive ficult challenges involved in readjusting to as described in subsection (d)(1); and readjustment experience. This experi- civilian life after wartime service in the ‘‘(C) if described by subparagraph (B)(i), ence lowers the costs of treating post- Armed Forces. after September 11, 2001— traumatic stress disorder and other re- (6) It is in the national interest for the ‘‘(i) serves at least 30 days of active duty in United States to provide veterans who served the Armed Forces; or adjustment-related difficulties. on active duty in the Armed Forces after ‘‘(ii) is discharged or released as described The United States has never erred September 11, 2001, with enhanced edu- in subsection (d)(1). when it has made sustained new invest- cational assistance benefits that are worthy ‘‘(3) An individual who— ments in higher education and job of such service and are commensurate with ‘‘(A) on or after September 11, 2001, first training. Enacting the Post-9/11 Vet- the educational assistance benefits provided becomes a member of the Armed Forces or
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S58 CONGRESSIONAL RECORD — SENATE January 4, 2007 first enters on active duty as a member of program such individual received an aggre- ‘‘(B) if the individual is described by sub- the Armed Forces and— gate of $25,000 or more for participation in paragraph (B)(ii) or (C)(ii) of such paragraph, ‘‘(i) serves an aggregate of at least two such program. 36 months. years of active duty in the Armed Forces; or ‘‘(d) CERTAIN DISCHARGE OR RELEASE PRO- ‘‘(3) In the case of an individual described ‘‘(ii) before completion of service as de- VIDING EXCEPTION FROM SERVICE REQUIRE- by paragraph (3) of section 3311(b) of this scribed in clause (i), is discharged or released MENTS.—A discharge or release described in title— as described in subsection (d); this subsection is a discharge or release ‘‘(A) if the individual is described by sub- ‘‘(B) before applying for benefits under this (whether from service on active duty in the paragraph (A)(i) of such paragraph, the ag- chapter, completes the requirements of a Armed Forces under subsection (b)(1)(B)(i), gregate number of months served by the in- secondary school diploma (or equivalency (b)(2)(B)(i), (b)(2)(C)(i), (b)(3)(A)(i), or dividual on active duty in the Armed Forces certificate), or successfully completes (or (b)(4)(A)(i)(I) or from service in the Selected after September 11, 2001; or otherwise receives academic credit for) the Reserve under subsection (b)(4)(A)(ii)(I)) ‘‘(B) if the individual is described by sub- equivalent of 12 semester hours in a program for— paragraph (A)(ii) of such paragraph— of education leading to a standard college ‘‘(1) a service-connected disability; ‘‘(i) if the discharge or release of the indi- degree; and ‘‘(2) a medical condition which preexisted vidual is described by paragraph (1) of sec- ‘‘(C) after completion of the service de- such service and which the Secretary deter- tion 3311(d) of this title, 36 months; or scribed in subparagraph (A)(i)— mines is not service-connected; ‘‘(ii) if the discharge or release of the indi- ‘‘(i) continues on active duty; ‘‘(3) hardship; or vidual is described by paragraph (2), (3), or ‘‘(ii) is discharged from active duty with an ‘‘(4) a physical or mental condition that (4) of section 3311(d) of this title, the aggre- honorable discharge; was not characterized as a disability and did gate number of months served by the indi- ‘‘(iii) is released after service on active not result from the individual’s own willful vidual on active duty in the Armed Forces duty characterized by the Secretary con- misconduct but did interfere with the indi- after September 11, 2001. cerned as honorable service and is placed on vidual’s performance of duty, as determined ‘‘(4) In the case of an individual described the retired list, is transferred to the Fleet by the Secretary of each military depart- by paragraph (4) of section 3311(b) of this Reserve or Fleet Marine Corps Reserve, or is ment in accordance with regulations pre- title— placed on the temporary disability list; or scribed by the Secretary of Defense. ‘‘(A) if the individual is described by sub- ‘‘(iv) is released from active duty for fur- paragraph (A)(i) of such paragraph— ther service in a reserve component of the ‘‘(e) CERTAIN INTERRUPTION IN SELECTED RESERVE SERVICE PROVIDING EXCEPTION ‘‘(i) if the individual is further described by Armed Forces after service on active duty subclause (I) of such subparagraph, 24 characterized by the Secretary concerned as FROM SERVICE REQUIREMENT.—After an indi- vidual begins service in the Selected Reserve months; honorable service. ‘‘(ii) if the individual is further described ‘‘(4) An individual who— as described in subsection (b)(4)(A)(ii), the continuity of service of the individual as a by subclause (II) of such subparagraph and ‘‘(A) on or after September 11, 2001, first has a discharge or release described by para- becomes a member of the Armed Forces or member of the Selected Reserve shall not be considered to be broken— graph (1) of section 3311(d) of this title, 36 first enters on active duty as a member of months; or the Armed Forces and— ‘‘(1) by any period of time (not to exceed a ‘‘(iii) if the individual is further described ‘‘(i)(I) serves an aggregate of at least two maximum period prescribed in regulations by subclause (II) of such subparagraph and years of active duty in the Armed Forces by the Secretary concerned) during which has a discharge or release described by para- characterized by the Secretary concerned as the member is not able to locate a unit of graph (2), (3), of (4) of section 3311(d) of this honorable service; or the member’s Armed Force that the member title, the aggregate number of months served ‘‘(II) before completion of service as de- is eligible to join or that has a vacancy; or by the individual on active duty in the scribed in subclause (I), is discharged or re- ‘‘(2) by any other period of time (not to ex- Armed Forces after September 11, 2001; and leased as described in subsection (d); and ceed a maximum period so prescribed) during ‘‘(B) if the individual is also described by ‘‘(ii) beginning within one year after com- which the member is not attached to a unit subparagraph (A)(ii) of such paragraph— pletion of service on active duty as described of the Selected Reserve that the Secretary in clause (i)(I)— concerned, pursuant to regulations, con- ‘‘(i) if the individual is further described by ‘‘(I) serves at least four years of contin- siders to be inappropriate to consider for subclause (I) of such subparagraph, an addi- uous active duty in the Selected Reserve such purpose. tional one month for each four months served by the individual in the Selected Re- during which the individual participates sat- ‘‘(f) PROHIBITION ON TREATMENT OF CERTAIN serve (other than any month in which the in- isfactorily in training as required by the SERVICE AS PERIOD OF ACTIVE DUTY.—A pe- dividual served on active duty) after Sep- Secretary concerned; or riod of service shall not be considered a part tember 11, 2001; or ‘‘(II) during the four years described in of the period of active duty on which an indi- ‘‘(ii) if the individual is further described subclause (I), is discharged or released as de- vidual’s entitlement to educational assist- by subclause (II) of such subparagraph and scribed in subsection (d); ance under this chapter is based if the period the individual— ‘‘(B) before applying for benefits under this of service is terminated because of a defec- ‘‘(I) has a discharge or release described by chapter, completes the requirements of a tive enlistment and induction based on— paragraph (1) of section 3311(d) of this title, secondary school diploma (or equivalency ‘‘(1) the individual’s being a minor for pur- 12 months; or certificate), or successfully completes (or poses of service in the Armed Forces; ‘‘(II) has a discharge or release described otherwise receives academic credit for) the ‘‘(2) an erroneous enlistment or induction; by paragraph (2), (3), or (4) of section 3311(d) equivalent of 12 semester hours in a program or of this title, an additional one month for of education leading to a standard college ‘‘(3) a defective enlistment agreement. degree; and each four months served by the individual in ‘‘§ 3312. Educational assistance: duration ‘‘(C) after completion of the service de- the Selected Reserve (other than any month scribed in subparagraph (A)— ‘‘(a) IN GENERAL.—Subject to section 3695 in which the individual served on active ‘‘(i) is discharged from service with an hon- of this title and subsection (b), an individual duty) after September 11, 2001. ‘‘(b) LIMITATION.—Except as provided in orable discharge, is placed on the retired list, entitled to educational assistance under sec- section 3321(b)(2) of this title, an individual or is transferred to the Standby Reserve or tion 3311 of this title is entitled to a number may not receive educational assistance an element of the Ready Reserve other than of months of educational assistance under under section 3313 of this title for a number the Selected Reserve after service in the Se- section 3313 of this title as follows: of months in excess of 36 months, which is lected Reserve characterized by the Sec- ‘‘(1) In the case of an individual described the equivalent of four academic years retary concerned as honorable service; or by paragraph (1) section 3311(b) of this title— ‘‘(ii) continues on active duty or in the Se- ‘‘(A) if the individual is described by sub- ‘‘§ 3313. Educational assistance: payment; lected Reserve. paragraph (B)(i) of such paragraph, the ag- amount ‘‘(c) EXCEPTIONS.—The following individ- gregate number of months served by the in- ‘‘(a) PAYMENT.—The Secretary shall pay to uals are not entitled to educational assist- dividual on active duty in the Armed Forces each individual entitled to educational as- ance under this chapter: after September 11, 2001; or sistance under this chapter who is pursuing ‘‘(1) An individual who, after September 11, ‘‘(B) if the individual is described by sub- an approved program of education (other 2001, receives a commission as an officer in paragraph (B)(ii) of such paragraph, 36 than a program covered by subsections (e) the Armed Forces upon graduation from the months. through (i)) the amounts specified in sub- United States Military Academy, the United ‘‘(2) In the case of an individual described section (c) to meet the expenses of such indi- States Naval Academy, the United States by paragraph (2) of section 3311(b) of this vidual’s subsistence, tuition, fees, and other Air Force Academy, or the Coast Guard title— educational costs for pursuit of such pro- Academy. ‘‘(A) if the individual is described by both gram of education. ‘‘(2) An individual who, after September 11, subparagraphs (B)(i) and (C)(i) of such para- ‘‘(b) APPROVED PROGRAMS OF EDUCATION.— 2001, receives a commission as an officer in graph, the aggregate number of months Except as provided in subsections (g) the Armed Forces upon completion of a pro- served by the individual on active duty in through (i), a program of education is an ap- gram of educational assistance under section the Armed Forces after September 11, 2001; proved program of education for purposes of 2107 of title 10 if while participating in such or this chapter if the program of education is
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S59 approved for purposes of chapter 30 of this basis shall be made in a lump-sum, and shall ‘‘(ii) the actual charge to the individual for title. be made not later than the last day of the such course or courses. ‘‘(c) AMOUNT OF EDUCATIONAL ASSIST- month immediately following the month in ‘‘(3) Payment of the amount payable under ANCE.—(1) The amounts payable under this which certification is received from the edu- this chapter for pursuit of a program of edu- subsection for pursuit of an approved pro- cational institution involved that the indi- cation by correspondence shall be made gram of education are amounts as follows: vidual has enrolled in and is pursuing a pro- quarterly on a pro rata basis for the lessons ‘‘(A) An amount equal to the established gram of education at the institution. completed by the individual and serviced by charges for the program of education. ‘‘(4) For each month (as determined pursu- the institution involved. ‘‘(B) Subject to paragraph (2), an amount ant to the methods prescribed under sub- ‘‘(4) For each month (as determined pursu- equal to the room and board of the indi- section (c)(3)) for which amounts are paid an ant to the methods prescribed under sub- vidual. individual under this subsection, the entitle- section (c)(3)) for which amounts are paid an ‘‘(C) A monthly stipend in the amount of ment of the individual to educational assist- individual under this subsection, the entitle- $1,000. ance under this chapter shall be charged at a ment of the individual to educational assist- ‘‘(2) The amount payable under paragraph percentage of a month equal to— ance under this chapter shall be charged at (1)(B) for room and board of an individual ‘‘(A) the number of course hours borne by the rate of one month for each such month. may not exceed an amount equal to the the individual in pursuit of the program of ‘‘(i) FLIGHT TRAINING.—(1) Educational as- standard dormitory fee, or such equivalent education involved, divided by sistance is payable under this chapter for a fee as the Secretary shall specify in regula- ‘‘(B) the number of course hours for full- program of education consisting of flight tions, which similarly circumstanced non- time pursuit of such program of education. training as follows: veterans enrolled in the program of edu- ‘‘(g) APPRENTICESHIP OR OTHER ON-JOB ‘‘(A) Courses of flight training approved cation involved would be required to pay. TRAINING.—(1) Educational assistance is pay- under section 3860A(b) of this title. ‘‘(d) FREQUENCY OF PAYMENT.—(1) Payment able under this chapter for full-time pursuit ‘‘(B) Flight training meeting the require- of the amounts payable under subparagraphs of a program of apprenticeship or other on- ments of section 3034(d) of this title. (A) and (B) of subsection (c)(1) for pursuit of job training described in paragraphs (1) and ‘‘(2) Paragraphs (2) and (4) of section 3032(e) a program of education shall be made in a (2) of section 3687(a) of this title. of this title shall apply with respect to the lump-sum amount for the entire quarter, se- ‘‘(2)(A) The educational assistance payable availability of educational assistance under mester, or term, as applicable, of the pro- under this chapter to an individual for pur- this chapter for pursuit of flight training gram of education before the commencement suit of a program of apprenticeship or train- covered by paragraph (1). of such quarter, semester, or term. ing referred to in paragraph (1) is the ‘‘(3)(A) The educational assistance payable ‘‘(2) Payment of the amount payable under amounts as follows: under this chapter to an individual for pur- subparagraph (C) of subsection (c)(1) for pur- ‘‘(i) The established charge which similarly suit of a program of education consisting of suit of a program of education shall be made circumstances nonveterans enrolled in the flight training covered by paragraph (1) is on a monthly basis. program would be required to pay. the amounts as follows: ‘‘(3) The Secretary shall prescribe in regu- ‘‘(ii) A monthly stipend in the amount of ‘‘(i) The established charge which similarly lations methods for determining the number $1,000. circumstances nonveterans enrolled in the of months (including fractions thereof) of en- ‘‘(B) The nature and amount of the tuition, program would be required to pay. titlement of an individual to educational as- fees, and other expenses constituting the es- ‘‘(ii) A monthly stipend in the amount of sistance this chapter that are chargeable tablished charge for a program of apprentice- $1,000. under this chapter for an advance payment ship or training under this subsection shall ‘‘(B) The nature and amount of the tuition, of amounts for pursuit of a program of edu- be determined in accordance with regula- fees, and other expenses constituting the es- cation on a quarter, semester, term, or other tions prescribed by the Secretary. Such ex- tablished charge for a program of flight basis. penses may include room and board under training under this subsection shall be deter- ‘‘(e) PROGRAMS OF EDUCATION PURSUED ON such circumstances as the Secretary shall mined in accordance with regulations pre- ACTIVE DUTY.—(1) Educational assistance is prescribe in the regulations. scribed by the Secretary. payable under this chapter for pursuit of an ‘‘(3)(A) Payment of the amount payable ‘‘(4) Payment of the amounts payable approved program of education while on ac- under paragraph (2)(A)(i) for pursuit of a pro- under paragraph (3) for pursuit of a program tive duty. gram of apprenticeship or training shall be of flight training shall be made on a monthly ‘‘(2) The amount of educational assistance made, at the election of the Secretary— basis. payable under this chapter to an individual ‘‘(i) in a lump sum for such period of the ‘‘(5) For each month for which amounts are pursuing a program of education while on ac- program as the Secretary shall determine paid an individual under this subsection, the tive duty is the lesser of— before the commencement of such period of entitlement of the individual to educational ‘‘(A) the established charges which simi- the program; or assistance under this chapter shall be larly circumstanced nonveterans enrolled in ‘‘(ii) on a monthly basis. charged at the rate of one month for each the program of education involved would be ‘‘(B) Payment of the amount payable under such month. ‘‘(j) ESTABLISHED CHARGES DEFINED.—(1) In required to pay; or paragraph (2)(A)(ii) for pursuit of a program subsections (c) and (e), the term ‘established ‘‘(B) the amount of the charges of the edu- of apprenticeship or training shall be made charges’, in the case of a program of edu- cational institution as elected by the indi- on a monthly basis. cation, means the actual charges (as deter- vidual in the manner specified in section ‘‘(4) For each month (as determined pursu- mined pursuant to regulations prescribed by 3014(b)(1) of this title. ant to the methods prescribed under sub- ‘‘(3) Payment of the amount payable under section (c)(3) in the case of payments made the Secretary) for tuition, fees (including re- paragraph (2) for pursuit of a program of edu- in accordance with paragraph (3)(A)(i)) for quired supplies, books, and equipment), and cation shall be made in a lump-sum amount which amounts are paid an individual under other educational costs which similarly for the entire quarter, semester, or term, as this subsection, the entitlement of the indi- circumstanced nonveterans enrolled in the applicable, of the program of education be- vidual to educational assistance under this program of education would be required to fore the commencement of such quarter, se- chapter shall be charged at the rate of one pay. ‘‘(2) Established charges shall be deter- mester, or term. month for each such month. mined for purposes of this subsection on the ‘‘(4) For each month (as determined pursu- ‘‘(h) PROGRAMS OF EDUCATION BY COR- following basis: ant to the methods prescribed under sub- RESPONDENCE.—(1) Educational assistance is section (c)(3)) for which amounts are paid an payable under this chapter for pursuit of a ‘‘(A) In the case of an individual enrolled individual under this subsection, the entitle- program of education exclusively by cor- in a program of education offered on a term, ment of the individual to educational assist- respondence. quarter, or semester basis, the tuition and ance under this chapter shall be charged at ‘‘(2)(A) The amount of educational assist- fees charged the individual for the term, the rate of one month for each such month. ance payable under this chapter to an indi- quarter, or semester. ‘‘(f) PROGRAMS OF EDUCATION PURSUED ON vidual who is pursuing a program of edu- ‘‘(B) In the case of an individual enrolled in LESS THAN HALF-TIME BASIS.—(1) Edu- cation exclusively by correspondence is an a program of education not offered on a cational assistance is payable under this amount equal to 55 percent of the established term, quarter, or semester basis, the tuition chapter for pursuit of an approved program charge which similarly circumstanced non- and fees charged the individual for the entire of education on less than half-time basis. veterans enrolled in the program of edu- program of education. ‘‘(2) The amount of educational assistance cation would be required to pay. ‘‘§ 3314. Tutorial assistance payable under this chapter to an individual ‘‘(B) In this paragraph, the term ‘estab- ‘‘(a) IN GENERAL.—Subject to subsection pursuing a program of education on less than lished charge’, in the case of a program of (b), an individual entitled to educational as- half-time basis is the established charges education, means the lesser of— sistance under this chapter shall also be en- which similarly circumstanced nonveterans ‘‘(i) the charge for the course or courses titled to benefits provided an eligible vet- enrolled in the program of education in- under the program of education, as deter- eran under section 3492 of this title. volved would be required to pay. mined on the basis of the lowest extended ‘‘(b) CONDITIONS.—(1) The provision of bene- ‘‘(3) Payment of the amount payable under time payment plan offered by the institution fits under subsection (a) shall be subject to this chapter to an individual for pursuit of a involved and approved by the appropriate the conditions applicable to an eligible vet- program of education on less than half-time State approving agency; or eran under section 3492 of this title.
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‘‘(2) In addition to the conditions specified ‘‘(3) For purposes of subsection (a), an indi- ‘‘(b) INFORMATION ON BENEFITS.—(1) The in paragraph (1), benefits may not be pro- vidual’s last discharge or release from active Secretary of Veterans Affairs shall provide vided to an individual under subsection (a) duty shall not include any discharge or re- the information described in paragraph (2) to unless the professor or other individual lease from a period of active duty of less each member of the Armed Forces at such teaching, leading, or giving the course for than 90 days of continuous service, unless times as the Secretary of Veterans Affairs which such benefits are provided certifies the individual is discharged or released as and the Secretary of Defense shall jointly that— described in paragraph (1), (2), or (3) of sec- prescribe in regulations. ‘‘(A) such benefits are essential to correct tion 3311(d) of this title. ‘‘(2) The information described in this a deficiency of the individual in such course; ‘‘§ 3322. Bar to duplication of educational as- paragraph is information on benefits, limita- and sistance benefits tions, procedures, eligibility requirements ‘‘(B) such course is required as a part of, or ‘‘(a) IN GENERAL.—An individual entitled (including time-in-service requirements), is prerequisite or indispensable to the satis- to educational assistance under this chapter and other important aspects of educational factory pursuit of, an approved program of who is also eligible for educational assist- assistance under this chapter, including ap- education. ance under chapter 30, 31, 32, or 35 of this plication forms for such assistance under ‘‘(c) AMOUNT.—(1) The amount of benefits title, chapter 107, 1606, or 1607 of title 10, or section 5102 of this title. described in subsection (a) that are payable the provisions of the Hostage Relief Act of ‘‘(3) The Secretary of Veterans Affairs under this section may not exceed $100 per 1980 (Public Law 96–449; 5 U.S.C. 5561 note) shall furnish the information and forms de- month, for a maximum of 12 months, or until may not receive assistance under two or scribed in paragraph (2), and other edu- a maximum of $1,200 is utilized. more such programs concurrently, but shall cational materials on educational assistance ‘‘(2) The amount provided an individual elect (in such form and manner as the Sec- under this chapter, to educational institu- under this subsection is in addition to the retary may prescribe) under which chapter tions, training establishments, military edu- amounts of educational assistance paid the or provisions to receive educational assist- cation personnel, and such other persons and individual under section 3313 of this title. ance. entities as the Secretary considers appro- ‘‘(d) NO CHARGE AGAINST ENTITLEMENT.— ‘‘(b) INAPPLICABILITY OF SERVICE TREATED priate. Any benefits provided an individual under UNDER EDUCATIONAL LOAN REPAYMENT PRO- ‘‘(c) REGULATIONS.—(1) The Secretary shall subsection (a) are in addition to any other GRAMS.—A period of service counted for pur- prescribe regulations for the administration educational assistance benefits provided the poses of repayment of an education loan of this chapter. individual under this chapter. under chapter 109 of title 10 may not be ‘‘(2) Any regulations prescribed by the Sec- ‘‘§ 3315. Licensure and certification tests counted as a period of service for entitle- retary of Defense for purposes of this chapter ment to educational assistance under this shall apply uniformly across the Armed ‘‘(a) IN GENERAL.—An individual entitled chapter. Forces. to educational assistance under this chapter ‘‘(c) SERVICE IN SELECTED RESERVE.—An in- ‘‘§ 3324. Allocation of administration and shall also be entitled to payment for one li- dividual who serves in the Selected Reserve costs censing or certification test described in sec- may receive credit for such service under tion 3452(b) of this title. only one of this chapter, chapter 30 of this ‘‘(a) ADMINISTRATION.—Except as otherwise ‘‘(b) LIMITATION ON AMOUNT.—The amount title, and chapters 1606 and 1607 of title 10, provided in this chapter, the Secretary shall payable under subsection (a) for a licensing and shall elect (in such form and manner as administer the provision of educational as- or certification test may not exceed the less- the Secretary may prescribe) under which sistance under this chapter. er of— chapter such service is to be credited. ‘‘(b) COSTS.—Payments for entitlement to ‘‘(1) $2,000; or ‘‘(d) ADDITIONAL COORDINATION MATTERS.— educational assistance earned under this ‘‘(2) the fee charged for the test. In the case of an individual entitled to edu- chapter shall be made from funds appro- ‘‘(c) NO CHARGE AGAINST ENTITLEMENT.— cational assistance under chapter 30, 31, 32, priated to, or otherwise made available to, Any amount paid an individual under sub- or 35 of this title, chapter 107, 1606, or 1607 of the Department of Veterans Affairs for the section (a) is in addition to any other edu- title 10, or the provisions of the Hostage Re- payment of readjustment benefits.’’. cational assistance benefits provided the in- lief Act of 1980, or making contributions to- (2) CLERICAL AMENDMENTS.—The tables of dividual under this chapter. ward entitlement to educational assistance chapters at the beginning of title 38, United ‘‘SUBCHAPTER III—ADMINISTRATIVE under chapter 30 of this title, as of the date States Code, and at the beginning of part III PROVISIONS of the enactment of the Post-9/11 Veterans of such title, are each amended by inserting after the item relating to chapter 32 the fol- ‘‘§ 3321. Time limitation for use of and eligi- Educational Assistance Act of 2007, coordina- lowing new item: bility for entitlement tion of entitlement to educational assistance under this chapter, on the one hand, and ‘‘33. Post-9/11 Educational Assistance 3301’’. ‘‘(a) IN GENERAL.—(1) Except as otherwise such chapters or provisions, on the other, (b) CONFORMING AMENDMENTS.— provided in this section, the period during shall be governed by the provisions of sec- (1) AMENDMENTS RELATING TO DUPLICATION which an individual entitled to educational tion 3(c) of the Post-9/11 Veterans Edu- OF BENEFITS.— assistance under this chapter may use such cational Assistance Act of 2007. individual’s entitlement expires at the end of (A) Section 3033 of title 38, United States ‘‘§ 3323. Administration the 15-year period beginning on the date of Code, is amended— such individual’s last discharge or release ‘‘(a) IN GENERAL.—(1) Except as otherwise (i) in subsection (a)(1), by inserting ‘‘33,’’ from active duty. provided in this chapter, the provisions spec- after ‘‘32,’’; and ‘‘(2) In the case of an individual described ified in section 3034(a)(1) of this title shall (ii) in subsection (c), by striking ‘‘both the in paragraph (1) who becomes entitled to apply to the provision of educational assist- program established by this chapter and the educational assistance under this chapter ance under this chapter. program established by chapter 106 of title ‘‘(2) In applying the provisions referred to under section 3311(b)(4) of this title, the 15- 10’’ and inserting ‘‘two or more of the pro- in paragraph (1) to an individual entitled to year period described in paragraph (1) shall grams established by this chapter, chapter 33 educational assistance under this chapter for of this title, and chapters 1606 and 1607 of begin on the later of— purposes of this section, the reference in title 10’’. ‘‘(A) the date of such individual’s last dis- such provisions to the term ‘eligible veteran’ (B) Paragraph (4) of section 3695(a) of such charge or release from active duty; or shall be deemed to refer to an individual en- title is amended to read as follows: ‘‘(B) the date on which the four-year re- titled to educational assistance under this ‘‘(4) Chapters 30, 32, 33, 34, 35, and 36 of this quirement described in section chapter. 3311(b)(4)(A)(ii) of this title is met. ‘‘(3) In applying section 3474 of this title to title.’’. ‘‘(b) EXCEPTIONS.—(1) Subsections (b), (c), an individual entitled to educational assist- (C) Section 16163(e) of title 10, United and (d) of section 3031 of this title shall apply ance under this chapter for purposes of this States Code, is amended by inserting ‘‘33,’’ with respect to the running of the 15-year pe- section, the reference in such section 3474 to after ‘‘32,’’. riod described in subsection (a) of this sec- the term ‘educational assistance allowance’ (2) ADDITIONAL CONFORMING AMENDMENTS.— tion in the same manner as such subsections shall be deemed to refer to educational as- (A) Title 38, United States Code, is further apply under section 3031 of this title with re- sistance payable under section 3313 of this amended by inserting ‘‘33,’’ after ‘‘32,’’ each spect to the running of the 10-year period de- title. place it appears in the following provisions: scribed in section 3031(a) of this title. ‘‘(4) In applying section 3482(g) of this title (i) In subsections (b) and (e)(1) of section ‘‘(2) Section 3031(f) of this title shall apply to an individual entitled to educational as- 3485. with respect to the termination of an indi- sistance under this chapter for purposes of (ii) In section 3688(b). vidual’s entitlement to educational assist- this section— (iii) In subsections (a)(1), (c)(1), (c)(1)(G), ance under this chapter in the same manner ‘‘(A) the first reference to the term ‘edu- (d), and (e)(2) of section 3689. as such section applies to the termination of cational assistance allowance’ in such sec- (iv) In section 3690( b)(3)(A). an individual’s entitlement to educational tion 3482(g) shall be deemed to refer to edu- (v) In subsections (a) and (b) of section assistance under chapter 30 of this title, ex- cational assistance payable under section 3692. cept that, in the administration of such sec- 3313 of this title; and (vi) In section 3697(a). tion for purposes of this chapter, the ref- ‘‘(B) the first sentence of paragraph (1) of (B) Section 3697A(b)(1) of such title is erence to section 3013 of this title shall be such section 3482(g) shall be applied as if amended by striking ‘‘or 32’’ and inserting deemed to be a reference to 3312 of this title. such sentence ended with ‘equipment’. ‘‘32, or 33’’.
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(c) APPLICABILITY TO INDIVIDUALS UNDER 1606, or 1607 of title 10, United States Code, the requirements of such section shall be MONTGOMERY GI BILL PROGRAM.— as applicable. deemed to be no longer applicable to such (1) INDIVIDUALS ELIGIBLE TO ELECT PARTICI- (B) LIMITATION ON ENTITLEMENT FOR CER- person. PATION IN POST-9/11 EDUCATIONAL ASSIST- TAIN INDIVIDUALS.—In the case of an indi- (6) TERMINATION OF ENTITLEMENT UNDER ANCE.—An individual may elect to receive vidual making an election under paragraph MONTGOMERY GI BILL.—Except as otherwise educational assistance under chapter 33 of (1) who is described by subparagraph (A)(i), provided in paragraph (4), effective on the title 38, United States Code (as added by sub- the number of months of entitlement of such last day of the month in which an individual section (a)), if such individual— individual to educational assistance under makes an election under paragraph (1), the (A) as of the date of the enactment of this chapter 33 of title 38, United States Code (as entitlement, if any, of the individual to basic Act— so added), shall be the number of months educational assistance under chapter 30 of (i) is entitled to basic educational assist- equal to the number of months of unused en- title 38, United States Code, or educational ance under chapter 30 of title 38, United titlement of such individual under chapter 30 assistance under chapter 107, 1606, or 1607 of States Code, and has used, but retains un- of title 38, United States Code, as of the date title 10, United States Code, as applicable, used, such entitlement under that chapter; of the election, including any number of shall terminate. (ii) is entitled to educational assistance months entitlement revoked by the indi- (7) IRREVOCABILITY OF ELECTIONS.—An elec- under chapter 107, 1606, or 1607 of title 10, vidual under paragraph (2)(A). tion under paragraph (1) or (2)(A) is irrev- United States Code, and has used, but re- (4) CONTINUING EDUCATIONAL ASSISTANCE ocable. tains unused, such entitlement under the ap- UNDER MONTGOMERY GI BILL.— plicable chapter; (A) IN GENERAL.—If the aggregate amount By Mr. HARKIN (for himself, Mr. (iii) is entitled to basic educational assist- of entitlement to educational assistance LUGAR, Mr. DORGAN, Mr. BIDEN, ance under chapter 30 of title 38, United under chapter 33 of title 38, United States and Mr. OBAMA): States Code, but has not used any such enti- Code (as so added), that is accumulated by S. 23. A bill to promote renewable tlement under that chapter; an individual described in subparagraph (iv) is entitled to educational assistance (A)(i), (A)(ii), or (A)(iii) of paragraph (1) who fuel and energy security of the United under chapter 107, 1606, or 1607 of title 10, makes an election under that paragraph is States, and for other purposes; to the United States Code, and has not used any less than 36 months, the individual shall re- Committee on Commerce, Science, and such entitlement under such chapter; tain, and may utilize, any unutilized entitle- Transportation. (v) is a member of the Armed Forces who ment of the individual to educational assist- Mr. HARKIN. Mr. President, over the is eligible for receipt of basic educational as- ance under chapter 30 of title 38, United past several years, our national energy sistance under chapter 30 of title 38, United States Code, or chapter 107, 1606, or 1607 of security has deteriorated rapidly. Pe- States Code, and is making contributions to- title 10, United States Code, as applicable, ward such assistance under section 3011(b) or for a number of months equal to the lesser troleum and natural gas prices have 3012(c) of such title; or of— gone up and appear to be staying up. (vi) is a member of the Armed Forces who (i) 36 months minus the number of months Almost daily, we hear projections of in- is not entitled to basic educational assist- of entitlement so accumulated by the indi- creases in electricity prices around the ance under chapter 30 of title 38, United vidual; or country. The environmental impacts of States Code, by reason of an election under (ii) the number of months of such unuti- energy use, especially from autos and section 3011(c)(1) or 3012(d)(1) of such title; lized entitlement of the individual. power plants, are still a major health and (B) UTILIZATION OF RETAINED ENTITLE- concern. The evidence of climate (B) as of the date of the individual’s elec- MENT.—The utilization of entitlement re- tion under this paragraph— tained by an individual under this paragraph change is absolutely clear and very om- (i) otherwise meets the requirements for shall be governed by the provisions of chap- inous, especially in the disappearance entitlement to educational assistance under ter 30 of title 38, United States Code, or of glaciers, the break up of polar ice chapter 33 of title 38, United States Code (as chapter 107, 1606, or 1607 of title 10, United sheets and the increasing intensity of so added); or States Code, as applicable. storms. We know that combustion of (ii) is making progress toward meeting (5) TREATMENT OF CONTRIBUTIONS TOWARD fossil fuels is the primary contributor such requirements. BASIC EDUCATIONAL ASSISTANCE.— of the anthropogenic greenhouse gases (2) ELECTION ON TREATMENT OF TRANS- (A) REFUND OF CONTRIBUTIONS.—Except as FERRED ENTITLEMENT.— provided in subparagraph (B), the Secretary emissions that drive this global warm- (A) ELECTION.—If, on the date an individual of Veterans Affairs shall pay to each indi- ing. Despite these negative con- described in subparagraph (A)(i) or (A)(iii) of vidual making an election under paragraph sequences, our dependence on petro- paragraph (1) makes an election under that (1) who is described by clause (i), (iii), or (v) leum is rising steadily, and we are im- paragraph, a transfer of the entitlement of of subparagraph (A) of that paragraph an porting over 60 percent of that petro- the individual to basic educational assist- amount equal to the total amount of con- leum from foreign sources, many of ance under section 3020 of title 38, United tributions made by such individual under whom are politically unstable or un- States Code, is in effect and a number of subchapter II of chapter 30 of title 38, United months of the entitlement so transferred re- States Code, for basic educational assistance friendly to the United States. In short, main unutilized, the individual may elect to under that chapter, including any contribu- we need to initiate a major transition revoke all or a portion of the entitlement so tions made under subsection (b) or (e) of sec- of our energy sector, to one that is far transferred that remains unutilized. tion 3011 of such title or any contributions more efficient, is much less reliant on (B) AVAILABILITY OF REVOKED ENTITLE- made under subsection (c) or (f) of section fossil fuels and imported oil, and is uti- MENT.—Any entitlement revoked by an indi- 3012 of such title. lizing vastly more domestically pro- vidual under this paragraph shall no longer (B) EXCEPTION.—In the case of an indi- duced renewable energy. be available to the dependent to whom trans- vidual described by subparagraph (A) who is We have seen waxing and waning con- ferred, but shall be available to the indi- entitled to basic educational assistance vidual instead for educational assistance under chapter 30 of title 38, United States cerns about our national energy econ- under chapter 33 of title 38, United States Code, by reason of paragraph (4)(A), the omy now for over 30 years. Many of us Code (as so added), as provided in paragraph amount payable to the individual under this have believed all along that we should (3)(B). paragraph shall be an amount equal to— be doing more to promote energy effi- (C) AVAILABILITY OF UNREVOKED ENTITLE- (i) the amount otherwise payable to the in- ciency and to accelerate the develop- MENT.—Any entitlement described in sub- dividual under subparagraph (A), multiplied ment and use of clean, domestic renew- paragraph (A) that is not revoked by an indi- by able energy, but during most of that vidual in accordance with that subparagraph (ii) a fraction— time, cheap energy supplies have lulled shall remain available to the eligible depend- (I) the numerator of which is the number ent or dependents concerned in accordance equal to the number of months of basic edu- us into relatively minimal actions. with the current transfer of such entitle- cational assistance under chapter 30 of title Over the past three years, however, ment under section 3020 of title 38, United 38, United States Code, to which the indi- there has been an increasingly acute States Code. vidual is entitled by reason of paragraph awareness of the dire nature of our (3) POST-9/11 EDUCATIONAL ASSISTANCE.— (4)(A); and overall energy situation. It is now (A) IN GENERAL.—Subject to subparagraph (II) the denominator of which is 36. clear that our energy situation is a se- (B), an individual making an election under (C) CESSATION OF CONTRIBUTIONS.—Effective rious threat not only to our economy paragraph (1) shall be entitled to educational as of the first month beginning on or after but to our national security. We can no assistance under chapter 33 of title 38, the date of an election under paragraph (1) of United States Code (as so added), in accord- an individual described by subparagraph longer postpone action. ance with the provisions of such chapter, in- (A)(v) of that paragraph, the obligation of Today I am joined by my esteemed stead of basic educational assistance under such individual to make contributions under colleagues, Senator LUGAR of Indiana, chapter 30 of title 38, United States Code, or section 3011(b) or 3012(c) of title 38, United Senator DORGAN of North Dakota, Sen- educational assistance under chapter 107, States Code, as applicable, shall cease, and ator BIDEN of Delaware, and Senator
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S62 CONGRESSIONAL RECORD — SENATE January 4, 2007 OBAMA of Illinois, in introducing the TITLE I—RENEWABLE FUELS ‘‘Applicable Biofuels Security Act of 2007. This bill Sec. 101. Renewable fuel program. percentage of directly addresses one of the most crit- Sec. 102. Installation of E–85 fuel pumps by wholly-owned ical pieces of a sound national energy major oil companies at owned stations and stations and branded stations. branded stations transition policy. It charts a clear path Sec. 103. Minimum Federal fleet require- Calendar year: (percent): forward for significantly increasing our ment. 2008 ...... 5 national use of renewable fuels over Sec. 104. Application of Gasohol Competi- 2009 ...... 10 the next 24 years, reaching a total of 30 tion Act of 1980. 2010 ...... 15 billion gallons per year by 2020, and 60 TITLE II—DUAL FUELED AUTOMOBILES 2011 ...... 20 billion gallons per year by 2030. That Sec. 201. Requirement to manufacture dual 2012 ...... 25 latter figure represents about one-third fueled automobiles. 2013 ...... 30 of our nation’s current annual fuel use Sec. 202. Manufacturing incentives for dual 2014 ...... 35 fueled automobiles. 2015 ...... 40 for highway transportation. The pro- 2016 ...... 45 TITLE I—RENEWABLE FUELS duction of the two most common forms 2017 and each calendar year there- 50. of biofuels, ethanol and biodiesel, is ex- SEC. 101. RENEWABLE FUEL PROGRAM. after. Section 211(o)(2) of the Clean Air Act (42 panding rapidly. We have reason to be- ‘‘(D) GEOGRAPHIC DISTRIBUTION.— lieve that this provision will provide U.S.C. 7545(o)(2)) is amended by striking sub- paragraph (B) and inserting the following: ‘‘(i) IN GENERAL.—Subject to clause (ii), in promulgating regulations under subpara- strong impetus to increasing biofuels’ ‘‘(B) APPLICABLE VOLUME.— graph (B), the Secretary shall ensure that production and use because it is an ex- ‘‘(i) IN GENERAL.—For the purpose of sub- tension of the renewable fuels standard paragraph (A), the applicable volume for cal- each major oil company described in sub- that I promoted in the Energy Policy endar year 2010 and each calendar year there- paragraph (B) installs or otherwise makes Act of 2005. That standard mandates after shall be determined, by rule, by the Ad- available 1 or more pumps that dispense E–85 ministrator, in consultation with the Sec- fuel at not less than a minimum percentage using a total of 7.5 billion gallons of re- (specified in the regulations) of the wholly- newable fuels by 2012, and already we retary of Agriculture and the Secretary of Energy, in a manner that ensures that— owned stations and the branded stations of are on a path to exceed that require- the major oil company in each State. ment by 2008. Thus, we can be very op- ‘‘(I) the requirements described in clause (ii) for specified calendar years are met; and ‘‘(ii) REQUIREMENT.—In specifying the min- timistic about the success of setting ‘‘(II) the applicable volume for each cal- imum percentage under clause (i), the Sec- these longer term and more aggressive endar year not specified in clause (ii) is de- retary shall ensure that each major oil com- targets. termined on an annual basis. pany installs or otherwise makes available 1 or more pumps described in that clause in This bill also will ensure that the ve- ‘‘(ii) REQUIREMENTS.—The requirements re- hicles to use these renewable fuels are ferred to in clause (i) are— each State in which the major oil company readily available by requiring auto ‘‘(I) for calendar year 2010, at least operates. ‘‘(E) FINANCIAL RESPONSIBILITY.—In pro- manufacturers over time to produce 10,000,000,000 gallons of renewable fuel; ‘‘(II) for calendar year 2020, at least mulgating regulations under subparagraph and sell increasing numbers of dual- (B), the Secretary shall ensure that each fuel vehicles—that is, vehicles that can 30,000,000,000 gallons of renewable fuel; and ‘‘(III) for calendar year 2030, at least major oil company described in that sub- be fueled by gasoline or gasoline/eth- 60,000,000,000 gallons of renewable fuel.’’. paragraph assumes full financial responsi- bility for the costs of installing or otherwise anol blends. Because the turnover of SEC. 102. INSTALLATION OF E–85 FUEL PUMPS BY vehicles on the highway takes many MAJOR OIL COMPANIES AT OWNED making available the pumps described in years, our bill requires the fraction of STATIONS AND BRANDED STATIONS. that subparagraph and any other equipment dual-fuel vehicles to increase from 10 Section 211(o) of the Clean Air Act (42 necessary (including tanks) to ensure that the pumps function properly. percent in 2008 up to 100 percent in 2017 U.S.C. 7545(o)) is amended by adding at the ‘‘(F) PRODUCTION CREDITS FOR EXCEEDING E– and beyond. In order to assure avail- end the following: ‘‘(11) INSTALLATION OF E–85 FUEL PUMPS BY 85 FUEL PUMPS INSTALLATION REQUIREMENT.— ability of alternative fuels, our bill re- MAJOR OIL COMPANIES AT OWNED STATIONS AND ‘‘(i) EARNING AND PERIOD FOR APPLYING quires installation of increasing num- BRANDED STATIONS.— CREDITS.—If the percentage of the wholly- bers of E–85 pumps by major oil compa- ‘‘(A) DEFINITIONS.—In this paragraph: owned stations and the branded stations of a nies at fueling stations that they own ‘‘(i) E–85 FUEL.—The term ‘E–85 fuel’ means major oil company at which the major oil or license under their brand. These a blend of gasoline approximately 85 percent company installs E–85 fuel pumps in a par- pumps will dispense E–85, a blend of 85 of the content of which is derived from eth- ticular calendar year exceeds the percentage anol produced in the United States. required under subparagraph (C), the major percent ethanol and 15 percent gaso- oil company earns credits under this para- line, which is a very popular renewable ‘‘(ii) MAJOR OIL COMPANY.—The term ‘major oil company’ means any person that, graph, which may be applied to any of the 3 fuel because of its high ethanol con- individually or together with any other per- consecutive calendar years immediately tent. The bill will require 50 percent of son with respect to which the person has an after the calendar year for which the credits such owned and licensed stations to affiliate relationship or significant owner- are earned. have pumps dispensing E–85 fuel by ship interest, has not less than 4,500 retail ‘‘(ii) TRADING CREDITS.—Subject to clause 2017. In addition, the bill includes a station outlets according to the latest publi- (iii), a major oil company that has earned clause to ensure geographic distribu- cation of the Petroleum News Annual credits under clause (i) may sell credits to Factbook. another major oil company to enable the tion of such E–85 marketing stations. purchaser to meet the requirement under Today I urge my Senate colleagues to ‘‘(iii) SECRETARY.—The term ‘Secretary’ means the Secretary of Energy, acting in subparagraph (C). join us in taking action to boost the consultation with the Administrator of the ‘‘(iii) EXCEPTION.—A major oil company transition to a cleaner, more resilient, Environmental Protection Agency and the may not use credits purchased under clause and more secure energy economy. I re- Secretary of Agriculture. (ii) to fulfill the geographic distribution re- quest support for this bill and its rapid ‘‘(B) REGULATIONS.—The Secretary shall quirement in subparagraph (D).’’. enactment. promulgate regulations to ensure that each SEC. 103. MINIMUM FEDERAL FLEET REQUIRE- I ask unanimous consent that the major oil company that sells or introduces MENT. text of the bill be printed in the gasoline into commerce in the United States Section 303(b)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13212(b)(1)) is amended— RECORD. through wholly-owned stations or branded There being no objection, the text of stations installs or otherwise makes avail- (1) in subparagraph (C), by striking ‘‘and’’ after the semicolon; the bill was ordered to be printed in able 1 or more pumps that dispense E–85 fuel (including any other equipment necessary, (2) in subparagraph (D), by striking ‘‘fiscal the RECORD, as follows: such as including tanks, to ensure that the year 1999 and thereafter,’’ and inserting S. 23 pumps function properly) at not less than ‘‘each of fiscal years 1999 through 2007; and’’; Be it enacted by the Senate and House of Rep- the applicable percentage of the wholly- and resentatives of the United States of America in owned stations and the branded stations of (3) by inserting after subparagraph (D) the Congress assembled, the major oil company specified in subpara- following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. graph (C). ‘‘(E) 100 percent in fiscal year 2008 and (a) SHORT TITLE.—This Act may be cited as ‘‘(C) APPLICABLE PERCENTAGE.—For the thereafter,’’. the ‘‘Biofuels Security Act of 2007’’. purpose of subparagraph (B), the applicable SEC. 104. APPLICATION OF GASOHOL COMPETI- (b) TABLE OF CONTENTS.—The table of con- percentage of the wholly-owned stations and TION ACT OF 1980. tents of this Act is as follows: the branded stations shall be determined in Section 26 of the Clayton Act (15 U.S.C. Sec. 1. Short title; table of contents. accordance with the following table: 26a) is amended—
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S63 (1) by redesignating subsection (c) as sub- ethanol, and other alcohols by volume with ica’s health, and EPA needs to get section (d); gasoline or other fuels, to power automobiles moving and protect our drinking water (2) by inserting after subsection (b) the fol- in the United States. now. But until a perchlorate tap water lowing: SEC. 202. MANUFACTURING INCENTIVES FOR standard is set, something must be ‘‘(c) For purposes of subsection (a), re- DUAL FUELED AUTOMOBILES. stricting the right of a franchisee to install Section 32905(b) of title 49, United States done. on the premises of that franchisee a renew- Code, is amended— Therefore, my perchlorate moni- able fuel pump, such as one that dispenses (1) by redesignating paragraphs (1) and (2) toring and right to know bill will re- E85, shall be considered an unlawful restric- as subparagraphs (A) and (B), respectively; quire that: EPA first swiftly set a tion.’’; and (2) by inserting ‘‘(1)’’ before ‘‘Except’’; health advisory for perchlorate that (3) in subsection (d) (as redesignated by (3) by striking ‘‘model years 1993–2010’’ and protects pregnant women, infants and paragraph (1))— inserting ‘‘model year 1993 through the first children; second, that EPA order moni- (A) by striking ‘‘section,’’ and inserting model year beginning not less than 18 toring of drinking water for per- the following: ‘‘section— months after the date of enactment of the chlorate until an enforceable standard ‘‘(1) the term’’; Biofuels Security Act of 2007’’; and (B) by striking the period at the end and (4) by adding at the end the following: is set; and, third, that the public be inserting ‘‘; and’’; and ‘‘(2) Except as provided in paragraph (5), told about perchlorate and its health (C) by adding at the end the following: subsection (d), or section 32904(a)(2), the Ad- effects, if it is detected in their drink- ‘‘(2) the term ‘gasohol’ includes any blend ministrator shall measure the fuel economy ing water supply. of ethanol and gasoline such as E–85.’’. for each model of dual fueled automobiles Drinking water sources for more TITLE II—DUAL FUELED AUTOMOBILES manufactured by a manufacturer in the first than 20 million Americans are con- model year beginning not less than 30 SEC. 201. REQUIREMENT TO MANUFACTURE taminated with perchlorate. The Gov- months after the date of enactment of the DUAL FUELED AUTOMOBILES. ernment Accountability Office (GAO) Biofuels Security Act of 2007 by dividing 1.0 (a) REQUIREMENT.— by the sum of— says that perchlorate contamination (1) IN GENERAL.—Chapter 329 of title 49, ‘‘(A) 0.7 divided by the fuel economy meas- has been found in water and soil at al- United States Code, is amended by inserting most 400 sites in the U.S., with levels after section 32902 the following: ured under section 32904(c) when operating the model on gasoline or diesel fuel; and ranging from 4 parts per billion to mil- ‘‘§ 32902A. Requirement to manufacture dual ‘‘(B) 0.3 divided by the fuel economy meas- lions of parts per billion. Perchlorate fueled automobiles ured under subsection (a) when operating the has polluted 35 States and the District ‘‘(a) REQUIREMENT.—Each manufacturer of model on alternative fuel. of Columbia, and is known to have con- new automobiles that are capable of oper- ‘‘(3) Except as provided in paragraph (5), ating on gasoline or diesel fuel shall ensure subsection (d), or section 32904(a)(2), the Ad- taminated 153 public water systems in that the percentage of such automobiles, ministrator shall measure the fuel economy 26 States. manufactured in any model year after model for each model of dual fueled automobiles As we know, perchlorate can harm year 2007 and distributed in commerce for manufactured by a manufacturer in the first human health, especially that of preg- sale in the United States, which are dual model year beginning not less than 42 nant women and children. Therefore, fueled automobiles is equal to not less than months after the date of enactment of the all citizens whose tap water system the applicable percentage set forth in the Biofuels Security Act of 2007 by dividing 1.0 contains perchlorate have a right to following table: by the sum of— know about that contamination, and The percentage of ‘‘(A) 0.9 divided by the fuel economy meas- about its potential health con- ured under section 32904(c) when operating dual fueled sequences. Only if their water is tested, automobiles the model on gasoline or diesel fuel; and manufactured shall ‘‘(B) 0.1 divided by the fuel economy meas- and only if all systems are obligated to ‘‘For each of the fol- be not less than: ured under subsection (a) when operating the disclose the contamination and its lowing model years: model on alternative fuel. health effects, will we be assured that 2008 ...... 10 ‘‘(4) Except as provided in subsection (d) or the public is given the information 2009 ...... 20 section 32904(a)(2), the Administrator shall that they deserve to protect them- 2010 ...... 30 measure the fuel economy for each model of selves and their families. 2011 ...... 40 dual fueled automobiles manufactured by a EPA’s original 1999 rule for moni- 2012 ...... 50 manufacturer in each model year beginning 2013 ...... 60 not less than 54 months after the date of en- toring of tap water for unregulated 2014 ...... 70 actment of the Biofuels Security Act of 2007 contaminants ordered testing for per- 2015 ...... 80 in accordance with section 32904(c). chlorate. Just last year, on August 22, 2016 ...... 90 ‘‘(5) Notwithstanding paragraphs (2) 2005, EPA proposed to extend the re- 2017 and beyond ...... 100. through (4), the fuel economy for all dual quirement that perchlorate be mon- ‘‘(b) PRODUCTION CREDITS FOR EXCEEDING fueled automobiles manufactured to comply itored in drinking water. However, on FLEXIBLE FUEL AUTOMOBILE PRODUCTION RE- with the requirements under section December 20, 2006, the Administrator QUIREMENT.— 32902A(a), including automobiles for which reversed himself and signed a final rule dual fueled automobile credits have been ‘‘(1) EARNING AND PERIOD FOR APPLYING removing perchlorate from the list of CREDITS.—If the number of dual fueled auto- used or traded under section 32902A(b), shall mobiles manufactured by a manufacturer in be measured in accordance with section contaminants for which monitoring is a particular model year exceeds the number 32904(c).’’. required under the Unregulated Con- required under subsection (a), the manufac- taminant Monitoring Regulation. I was turer earns credits under this section, which By Mrs. BOXER (for herself, Mr. shocked by this action. may be applied to any of the 3 consecutive FEINSTEIN, and Mr. LAUTEN- As a result of this new rule, Ameri- model years immediately after the model BERG): cans will not be assured of up-to-date year for which the credits are earned. S. 24. A bill to amend the Safe Drink- information on whether their tap water ‘‘(2) TRADING CREDITS.—A manufacturer ing Water Act to require a health advi- is contaminated with this toxin. Until that has earned credits under paragraph (1) sory and monitoring of drinking water EPA sets a tap water standard for per- may sell credits to another manufacturer to enable the purchaser to meet the require- for perchlorate; to the Committee on chlorate, at the very least we should ment under subsection (a).’’. Environment and Public Works. know if it’s in our drinking water. (2) TECHNICAL AMENDMENT.—The table of Mrs. BOXER. Mr. President, I am in- My bill will ensure that EPA acts sections for chapter 329 of title 49, United troducing a bill that would require swiftly to require water systems to States Code, is amended by inserting after that tap water be tested for per- test for and to inform the public about the item relating to section 32902 the fol- chlorate, and would ensure the public’s this threat to our health and welfare. I lowing: right to know about perchlorate in look forward to working with my col- ‘‘32902A. Requirement to manufacture dual their drinking water. I am pleased that leagues to pass this important legisla- fueled automobiles.’’. the senior Senator from California, tion. (b) ACTIVITIES TO PROMOTE THE USE OF CER- Mrs. FEINSTEIN, and the senior Senator I ask unanimous consent that the TAIN ALTERNATIVE FUELS.—The Secretary of from New Jersey, Mr. LAUTENBERG, Transportation shall carry out activities to text of my bill be printed in the promote the use of fuel mixtures containing have joined as original cosponsors of RECORD. gasoline or diesel fuel and 1 or more alter- this measure. There being no objection, the text of native fuels, including a mixture containing This toxin is a clear and present dan- the bill was ordered to be printed in at least 85 percent of methanol, denatured ger to California’s and much of Amer- the RECORD, as follows:
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S64 CONGRESSIONAL RECORD — SENATE January 4, 2007 S. 24 (A) does not take into consideration all mary drinking water regulation for per- Be it enacted by the Senate and House of Rep- routes of exposure to perchlorate; chlorate. resentatives of the United States of America in (B) has been criticized by experts as failing ‘‘(iii) CONSUMER CONFIDENCE REPORTS.— Congress assembled, to sufficiently consider the body weight, Each consumer confidence report issued SECTION 1. SHORT TITLE. unique exposure, and vulnerabilities of cer- under section 1414(c)(4) shall disclose the This Act may be cited as the ‘‘Perchlorate tain pregnant women and fetuses, infants, presence of any perchlorate in drinking Monitoring and Right-to-Know Act of 2007’’. and children; and water, and the potential health risks of expo- SEC. 2. FINDINGS AND PURPOSE. (C) is based primarily on a small study and sure to perchlorate in drinking water, con- (a) FINDINGS.—Congress finds that— does not take into account new, larger stud- sistent with guidance issued by the Adminis- (1) perchlorate— ies of the Centers for Disease Control and trator.’’. (A) is a chemical used as the primary in- Prevention or other data indicating poten- gredient of solid rocket propellant; tial effects at lower perchlorate levels than By Mr. KOHL (for himself and (B) is also used in fireworks, road flares, previously found; Mr. LEAHY): and other applications. (11) on August 22, 2005 (70 Fed. Reg. 49094), S. 25. A bill to amend the Federal (2) waste from the manufacture and im- the Administrator proposed to extend the re- Food, Drug, and Cosmetic Act to estab- proper disposal of chemicals containing per- quirement that perchlorate be monitored in lish requirements for certain petitions chlorate is increasingly being discovered in drinking water under the final rule entitled ‘‘Unregulated Contaminant Monitoring Reg- submitted to the Food and Drug Ad- soil and water; ministration, and for other purposes; (3) according to the Government Account- ulation (UCMR) for Public Water Systems ability Office, perchlorate contamination Revisions’’ promulgated pursuant to section to the Committee on Health, Edu- has been detected in water and soil at almost 1445(a)(2) of the Safe Drinking Water Act (42 cation, Labor, and Pensions. 400 sites in the United States, with con- U.S.C. 300j–4(a)(2)); and Mr. KOHL. Mr. President, I rise centration levels ranging from 4 parts per (12) on December 20, 2006, the Adminis- today on the first day of this new Con- billion to millions of parts per billion; trator signed a final rule removing per- gress to introduce the Citizen Petition (4) the Government Accountability Office chlorate from the list of contaminants for Fairness and Accuracy Act of 2007. This has determined that the Environmental Pro- which monitoring is required under the final rule entitled ‘‘Unregulated Contaminant legislation will help speed the intro- tection Agency does not centrally track or duction of cost-saving generic drugs by monitor perchlorate detections or the status Monitoring Regulation (UCMR) for Public of perchlorate cleanup, so a greater number Water Systems Revisions’’ (72 Fed. Reg. 368 preventing abuses of the Food and of contaminated sites may already exist; (January 4, 2007)). Drug Administration citizen petition (5) according to the Government Account- (b) PURPOSE.—The purpose of this Act is to process. ability Office, limited Environmental Pro- require the Administrator of the Environ- Consumers continue to suffer all tection Agency data show that perchlorate mental Protection Agency— across our country from the high—and has been found in 35 States and the District (1) to establish, not later than 90 days after ever rising—cost of prescription drugs. of Columbia and is known to have contami- the date of enactment of this Act, a health A recent independent study found that advisory that— nated 153 public water systems in 26 States; prescription drug spending has more (6) those data are likely underestimates of (A) is fully protective of, and considers, the total drinking water exposure, as illustrated body weight and exposure patterns of preg- than quadrupled since 1990, and now ac- by the finding of the California Department nant women, fetuses, newborns, and chil- counts for 11 percent of all health care of Health Services that perchlorate contami- dren; spending. At the same time, the phar- nation sites have affected approximately 276 (B) provides an adequate margin of safety; maceutical industry is one of the most drinking water sources and 77 drinking water and profitable industries in the world, re- systems in the State of California alone; (C) takes into account all routes of expo- turning more than 15 percent on their (7) Food and Drug Administration sci- sure to perchlorate; investments. (2) to promulgate, not later than 120 days entists and other scientific researchers have One key method to bring prescription detected perchlorate in the United States after the date of enactment of this Act, a food supply, including in lettuce, milk, cu- final regulation requiring monitoring for drug prices down is to promote the in- cumbers, tomatoes, carrots, cantaloupe, perchlorate in drinking water; and troduction of generic alternatives to wheat, and spinach, and in human breast (3) to ensure the right of the public to expensive brand name drugs. Con- milk; know about perchlorate in drinking water by sumers realize substantial savings once (8)(A) perchlorate can harm human health, requiring that consumer confidence reports generic drugs enter the market. Ge- especially in pregnant women and children, disclose the presence and potential health ef- neric drugs cost on average 63 percent by interfering with uptake of iodide by the fects of perchlorate in drinking water. less than their brand-name equiva- thyroid gland, which is necessary to produce SEC. 3. MONITORING AND HEALTH ADVISORY lents. One study estimates that every 1 important hormones that help control FOR PERCHLORATE. human health and development; Section 1412(b)(12) of the Safe Drinking percent increase in the use of generic (B) in adults, the thyroid helps to regulate Water Act (42 U.S.C. 300g-1(b)(12)) is amended drugs could save $4 billion in health metabolism; by adding at the end the following: care costs. (C) in children, the thyroid helps to ensure ‘‘(C) PERCHLORATE.— This is why I have been so active in proper mental and physical development; ‘‘(i) HEALTH ADVISORY.—Not later than 90 pursuing legislation designed to com- and days after the date of enactment of this sub- bat practices which impede the intro- (D) impairment of thyroid function in ex- paragraph, the Administrator shall publish a duction of generic drugs. The legisla- pectant mothers or infants may result in ef- health advisory for perchlorate that fully tion I introduce today, which I first in- fects including delayed development and de- protects, with an adequate margin of safety, troduced last year with Senator LEAHY creased learning capability; the health of vulnerable persons (including (9)(A) in October 2006, researchers from the pregnant women, fetuses, newborns, and in last Congress, targets one particu- Centers for Disease Control and Prevention children), considering body weight and expo- larly pernicious practice by brand published the largest, most comprehensive sure patterns and all routes of exposure. name drug companies to impede or study to date on the effects of low levels of ‘‘(ii) MONITORING REGULATIONS.— block the marketing of generic drugs— perchlorate exposure in women, finding ‘‘(I) IN GENERAL.—The Administrator shall abuse of the FDA citizen petition proc- that— propose (not later than 60 days after the date ess. (i) significant changes existed in thyroid of enactment of this subparagraph) and pro- FDA rules permit any person to file a hormones in women with low iodine levels mulgate (not later than 120 days after the so-called ‘‘citizen petition’’ to raise who were exposed to perchlorate; and date of enactment of this subparagraph) a (ii) even low-level perchlorate exposure final regulation requiring— concerns about the safety or efficacy of may affect the production of hormones by ‘‘(aa) each public water system serving a generic drug that a manufacturer is the thyroid in iodine-deficient women; and more than 10,000 individuals to monitor for seeking FDA approval to bring to mar- (B) in the United States, about 36 percent perchlorate beginning not later than October ket. While this citizen petition process of women have iodine levels equivalent to or 31, 2007; and was put in place for a laudable purpose, below the levels of the women in the study ‘‘(bb) the collection of a representative unfortunately in recent years it has described in subparagraph (A); sample of public water systems serving 10,000 been abused by frivolous petitions sub- (10) the Environmental Protection Agency individuals or fewer to monitor for per- mitted by brand name drug manufac- has not established a health advisory or na- chlorate in accordance with section tional primary drinking water regulation for 1445(a)(2). turers (or individuals acting at their perchlorate, but instead established a ‘‘(II) DURATION.—The regulation shall be in behest) whose only purpose is to delay ‘‘Drinking Water Equivalent Level’’ of 24.5 effect unless and until monitoring for per- the introduction of generic competi- parts per billion for perchlorate, which— chlorate is required under a national pri- tion. The FDA has a policy of not
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S65 granting any new generic manufactur- filing in court. The party filing the cit- ‘‘(III) is not submitted for an improper pur- er’s drug application until after it has izen petition will be required to affirm pose, such as to harass or cause unnecessary considered and evaluated any citizen that the petition is well grounded in delay (including unnecessary delay of com- petitions regarding that drug. The fact and warranted by law; is not sub- petition or agency action); and ‘‘(IV) does not contain a materially false, process of resolving a citizen petition mitted for an improper purpose, such misleading, or fraudulent statement. (even if ultimately found to be ground- as to harass or cause unnecessary delay ‘‘(ii) The Secretary shall investigate, on less) can delay the approval by months in approval of competing drugs; and receipt of a complaint, a request under or years. Indeed, brand name drug does not contain any materially false, clause (vi), or on its own initiative, any peti- manufacturers often wait to file citizen misleading or fraudulent statement. tion submitted under such section 10.30 or petitions until just before the FDA is The Secretary of the Department of section 10.35 (or any successor regulation), about to grant the application to mar- Health and Human Services is empow- that— ered to investigate a citizen petition to ‘‘(I) does not comply with the requirements ket the new generic drug solely for the of clause (i); purpose of delaying the introduction of determine if it has violated any of ‘‘(II) may have been submitted for an im- the generic competitor for the max- these principles, was submitted for an proper purpose as described in clause (i)(III); imum amount of time possible. This improper purpose, or contained false or or gaming of the system should not be misleading statements. Further, the ‘‘(III) may contain a materially false, mis- tolerated. Secretary is authorized to penalize leading, or fraudulent statement as de- In recent years, FDA officials have anyone found to have submitted an scribed in clause (i)(IV). expressed serious concerns about the abusive citizen petition. Possible sanc- ‘‘(iii) If the Secretary finds that the peti- tioner has knowingly and willingly sub- abuse of the citizen petition process. In tions include a fine up to one million mitted the petition for an improper purpose 2005, FDA Chief Counsel Sheldon Brad- dollars, a suspension or permanent rev- as described in clause (i)(III), or which con- shaw noted that ‘‘[t]he citizen petition ocation of the right of the violator to tains a materially false, misleading, or process is in some cases being abused. file future citizens’ petition, and a dis- fraudulent statement as described in clause Sometimes, stakeholders try to use missal of the petition at issue. HHS is (i)(IV), the Secretary may— this mechanism to unnecessarily delay also authorized to refer the matter to ‘‘(I) impose a civil penalty of not more approval of a competitor’s products.’’ the Federal Trade Commission so that than $1,000,000, plus attorneys fees and costs He added that he found it ‘‘particularly the FTC can undertake its own inves- of reviewing the petition and any related tigation as to the competitive con- proceedings; troublesome’’ that he had ‘‘seen several ‘‘(II) suspend the authority of the peti- examples of citizen petitions that ap- sequences of the frivolous petition and tioner to submit a petition under such sec- pear designed not to raise timely con- take any action it finds appropriate. tion 10.30 or section 10.35 (or any successor cerns with respect to the legality or Finally, the bill directs the HHS that regulation), for a period of not more than 10 scientific soundness of approving a all citizen petitions be adjudicated years; drug application, but rather to delay within six months of filing, which will ‘‘(III) revoke permanently the authority of approval by compelling the agency to put an end to excessive delays in bring- the petitioner to submit a petition under take the time to consider the argu- ing needed generic drugs to market be- such section 10.30 or section 10.35 (or any suc- cessor regulation); or ments raised in the petition, regardless cause of the filings of these petitions. While our bill will not have any ef- ‘‘(IV) dismiss the petition at issue in its of their merits, and regardless of entirety. whether the petitioner could have fect on any person filing a truly meri- ‘‘(iv) If the Secretary takes an enforce- made those very arguments months torious citizen petition, this legisla- ment action described in subclause (I), (II), and months before.’’ tion will serve as a strong deterrent to (III), or (IV) of clause (iii) with respect to a And a simple look at the statistics attempts by brand name drug manufac- petition, the Secretary shall refer that peti- gives credence to these concerns. Of turers or any other party that seeks to tion to the Federal Trade Commission for the 21 citizen petitions for which the abuse the citizen petition process to further action as the Federal Trade Commis- thwart competition. It will thereby re- sion finds appropriate. FDA has reached a decision since 2003, ‘‘(v) In determining whether to take an en- 20—or 95 percent of them—have been move one significant obstacle exploit- forcement action described in subclause (I), found to be without merit. Of these, ing by brand name drug companies to (II), (III), or (IV) of clause (iii) with respect ten were identified as ‘‘eleventh hour prevent or delay the introduction of ge- to a petition, and in determining the amount petitions’’, defined as those filed less neric drugs. I urge my colleagues to of any civil penalty or the length of any sus- than 6 months prior to the estimated support this legislation. pension imposed under that clause, the Sec- entry date of the generic drug. None of I ask unanimous consent that the retary shall consider the specific cir- text of the bill be printed in the cumstances of the situation, such as the these ten ‘‘eleventh hour petitions’’ gravity and seriousness of the violation in- were found to have merit, but each RECORD. There being no objection, the text of volved, the amount of resources expended in caused unnecessary delays in the mar- the bill was ordered to be printed in reviewing the petition at issue, the effect on keting of the generic drug by months marketing of competing drugs of the pend- the RECORD, as follows: or over a year, causing consumers to ency of the improperly submitted petition, spend millions and millions of dollars S. 25 including whether the timing of the submis- for their prescription drugs than they Be it enacted by the Senate and House of Rep- sion of the petition appears to have been cal- resentatives of the United States of America in would have spent without these abu- culated to cause delay in the marketing of Congress assembled, any drug awaiting approval, and whether the sive filings. SECTION 1. SHORT TITLE. petitioner has a history of submitting peti- Despite the expense these frivolous This Act may be cited as the ‘‘Citizen Peti- tions in violation of this subparagraph. citizen petitions cause consumers and tion Fairness and Accuracy Act of 2007’’. ‘‘(vi)(I) Any person aggrieved by a petition the FDA, under current law the gov- SEC. 2. CITIZEN PETITIONS AND PETITIONS FOR filed under such section 10.30 or section 10.35 ernment has absolutely no ability to STAY OF AGENCY ACTION. (or any successor regulation), including a sanction or penalize those who abuse Section 505(j)(5) of the Federal Food, Drug, person filing an application under subsection the citizen petition process, or who file and Cosmetic Act (21 U.S.C. 355(j)(5)) is (b)(2) or (j) of this section to which such peti- citizen petitions simply to keep com- amended by adding at the end the following: tion relates, may request that the Secretary ‘‘(G)(i) Notwithstanding any other provi- initiate an investigation described under petition off the market. Our legislation sion of law, any petition submitted under clause (ii) for an enforcement action de- will correct this obvious shortcoming section 10.30 or section 10.35 of title 21, Code scribed under clause (iii). and give the Department of Health and of Federal Regulations (or any successor reg- ‘‘(II) The aggrieved person shall specify the Human Services—the FDA’s parent ulation), shall include a statement that to basis for its belief that the petition at issue agency the power to sanction those the petitioner’s best knowledge and belief, is false, misleading, fraudulent, or submitted who abuse the process. the petition— for an improper purpose. The aggrieved per- Our bill will, for the first time, re- ‘‘(I) includes all information and views on son shall certify that the request is sub- quire all those who file citizen peti- which the petitioner relies, including all rep- mitted in good faith, is well grounded in resentative data and information known to fact, and not submitted for any improper tions to affirm certain basic facts the petitioner that is favorable or unfavor- purpose. Any aggrieved person who know- about the truthfulness and good faith able to the petition; ingly and intentionally violates the pre- of the petition, similar to what is re- ‘‘(II) is well grounded in fact and is war- ceding sentence shall be subject to the civil quired of every litigant who makes a ranted by law; penalty described under clause (iii)(I).
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S66 CONGRESSIONAL RECORD — SENATE January 4, 2007 ‘‘(vii) The Secretary shall take final agen- Joaquin Valley . . . and open[s] a new Delta, will be a welcome change for the cy action with respect to a petition filed chapter of environmental restoration more than 22 million Californians who under such section 10.30 or section 10.35 (or and water supply certainty for the rely on that crucial source for their any successor regulation) within 6 months of receipt of such petition. The Secretary shall farmers and their communities.’’ drinking water. not extend such 6-month review period, even I share the Secretary’s strong sup- Finally, restoring the San Joaquin as with consent of the petitioner, for any rea- port for this balanced and historic a living salmon river may ultimately son, including based upon the submission of agreement, and it is my honor to join help struggling fishing communities on comments relating to a petition or supple- with Senator BOXER and a bipartisan California’s North Coast—and even mental information supplied by the peti- group of California House Members in into Southern Oregon. The restoration tioner. If the Secretary has not taken final introducing legislation to approve and of the San Joaquin and the govern- agency action on a petition by the date that authorize this Settlement. ment’s commitment to reintroduce and is 6 months after the date of receipt of the The legislation indicates how the set- rebuild historic salmon populations petition, such petition shall be deemed to have been denied on such date. tlement forged by the parties is going provide a rare bright spot for these ‘‘(viii) The Secretary may promulgate reg- to be implemented. It involves the De- communities. ulations to carry out this subparagraph, in- partments of the Interior and Com- In addition to congratulating the cluding to determine whether petitions filed merce, and essentially gives the Sec- parties for making a settlement that under such section 10.30 or section 10.35 (or retary of the Interior the additional will enable the long-sought restoration any successor regulation) merit enforcement authority to: take the actions to re- of the San Joaquin River, I am mindful action by the Secretary under this subpara- store the San Joaquin River; reintro- of and remain committed to progress in graph.’’. duce the California Central Valley implementing and funding the Decem- By Mrs. FEINSTEIN (for herself Spring Run Chinook Salmon; minimize ber 19, 2000, Trinity River restoration and Mr. BOXER): water supply impacts on Friant water record of decision and the Hoopa Val- S. A bill to authorize the implemen- districts; and avoid reductions in water ley Tribe’s co-management of the deci- tation of the San Joaquin River Res- supply for third-party water contrac- sion’s important goal of restoring the toration Settlement; to the Committee tors. fishery resources that the United on Energy and Natural Resources. One of the major benefits of this set- States holds in trust for the Tribe. Mrs. FEINSTEIN. Mr. President, I tlement is the restoration of a long- Support of this agreement is almost rise today to introduce legislation that lost salmon fishery. The return of one as far reaching as its benefits. This his- will bring to a close 18 years of litiga- of California’s most important salmon toric agreement would not have been tion between the Natural Resources runs will create significant benefits for possible without the participation of a Defense Council, the Friant Water local communities in the San Joaquin remarkably broad group of agencies, Users Authority and the U.S. Depart- Valley, helping to restore a belea- stakeholders and legislators, reaching ment of the Interior. It is identical to guered fishing industry while improv- far beyond the settling parties. The De- the bill that we introduced in the wan- ing recreation and quality of life. partment of the Interior, the State of ing days of the 109th Congress. The legislation provides for improve- California, the Friant Water Users Au- This historic bill will enact a settle- ments to the San Joaquin river chan- thority, the Natural Resources Defense ment that restores California’s second nel to allow salmon restoration to Council on behalf of 13 other environ- longest river, the San Joaquin, while begin in 2014. Beginning in that year, mental organizations and countless maintaining a stable water supply for the river would see an annual flow re- other stakeholders came together and the farmers who have made the Valley gime mandated by the Settlement, spent countless hours with legislators the richest agricultural area in the with pulses of additional water in the in Washington to ensure that we found world. spring and greater flows available in a solution that the large majority of Without this consensus resolution to wetter years. There is flexibility to add those affected could support. a long-running western water battle or subtract up to 10 percent from the In November of last year, California the parties will continue the fight, re- annual flows, as the best science dic- voters showed their support by approv- sulting in a court imposed settlement. tates. ing Propositions 84 and 1E that will To my knowledge, every farmer and A visitor to the revitalized river help pay for the Settlement by com- every environmentalist who has con- channel in a decade will find an en- mitting at least $100 million and likely sidered the possibility of continued tirely different place providing recre- $200 million or more toward the res- litigation believes that an outcome im- ation for residents of small towns like toration costs. Indeed, this Legislation posed by a judge is likely to be worse Mendota, and a refuge for residents of includes a diverse mix of approxi- for everyone on all counts: more cost- larger cities like Fresno. mately $200 million in direct Water ly, riskier for the farmers, and less The legislation I am introducing User payments, new State payments, beneficial for the environment. today includes provisions to benefit the $240 million in dedicated Friant Cen- The Settlement provides a frame- farmers of the San Joaquin Valley as tral Valley Project capital repayments, work that the affected interests can ac- well as the salmon. In wet years, and future Federal appropriations lim- cept. As a result, this legislation has Friant contractors can purchase sur- ited to $250 million. This mix of fund- the strong support of the Bush Admin- plus flows at $10 per acre-foot for use in ing sources is intended to ensure that istration, the Schwarzenegger Admin- dry years, far less than the approxi- the river restoration program will be istration, the environmental and fish- mately $35 per acre-foot that they sustainable over time and truly a joint ing communities and numerous Cali- would otherwise pay for this water. effort of Federal, state and local agen- fornia farmers and water districts, in- The Secretary of the Interior is au- cies. cluding all 22 Friant water districts thorized to recirculate new restoration I would like to emphasize that the that have been part of the litigation. flows from the Delta via the California Federal funding in the bill is for imple- In announcing the signing of this San aqueduct and the Cross-Valley Canal to mentation of both the Restoration Joaquin River settlement in Sep- provide additional supply for Friant. Goal to reestablish a salmon fishery in tember, the Assistant Secretary of the Today’s legislation also includes sub- the river, and the Water Management Interior praised it as a ‘‘monumental stantial protections for other water Goal to avoid or minimize water supply agreement.’’ And when the Federal districts in California who were not losses supplied by Friant Water Dis- Court then approved the Settlement in party to the original settlement nego- tricts. It is critical to recognize that late October, Secretary of the Interior tiations. These other water contractors these efforts are of equal importance. Dirk Kempthorne further praised Set- will be able to avoid all but the small- At the end of the day, I believe that tlement for launching ‘‘one of the larg- est water impacts as a result of the set- this agreement is something that we est environmental restoration projects tlement, except on a voluntary basis. can all feel very proud of, and I urge in California’s history.’’ The Secretary In addition, the restoration of flows my colleagues in the Senate to move further observed that, ‘‘This Settle- for over 150 miles below Friant Dam, quickly to approve this legislation and ment closes a long chapter of conflict and reconnecting the upper River to provide the Administration the author- and uncertainty in California’s San the critical San Joaquin-Sacramento ization it needs to fully carry out its
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S67 legal obligations and the extensive res- ment to resolve conflicts arising from said the authorities provided in section 2 of the toration opportunities under the set- Agreement. Act of August 26, 1937 (50 Stat. 844, chapter tlement. (5) Develop and implement the Recovered 832), to carry out the measures authorized in I ask unanimous consent that the Water Account as specified in paragraph this section and section 4. 16(b) of the Settlement, including the pricing (c) DISPOSAL OF PROPERTY.— text of the bill be printed in the and payment crediting provisions described (1) IN GENERAL.—Upon the Secretary’s de- RECORD. in paragraph 16(b)(3) of the Settlement, pro- termination that retention of title to prop- There being no objection, the text of vided that all other provisions of Federal erty or interests in property acquired pursu- the bill was ordered to be printed in reclamation law shall remain applicable. ant to this Act is no longer needed to be held the RECORD, as follows: (b) AGREEMENTS.— by the United States for the furtherance of (1) AGREEMENTS WITH THE STATE.—In order S. 27 the Settlement, the Secretary is authorized to facilitate or expedite implementation of to dispose of such property or interest in Be it enacted by the Senate and House of Rep- the Settlement, the Secretary is authorized property on such terms and conditions as the resentatives of the United States of America in and directed to enter into appropriate agree- Secretary deems appropriate and in the best Congress assembled, ments, including cost sharing agreements, interest of the United States, including pos- SECTION 1. SHORT TITLE. with the State of California. sible transfer of such property to the State This Act may be cited as the ‘‘San Joaquin (2) OTHER AGREEMENTS.—The Secretary is of California. River Restoration Settlement Act’’. authorized to enter into contracts, memo- (2) RIGHT OF FIRST REFUSAL.—In the event SEC. 2. PURPOSE. randa of understanding, financial assistance the Secretary determines that property ac- The purpose of this Act is to authorize im- agreements, cost sharing agreements, and quired pursuant to this Act through the ex- plementation of the Stipulation of Settle- other appropriate agreements with State, ercise of its eminent domain authority is no ment dated September 13, 2006 (referred to in tribal, and local governmental agencies, and longer necessary for implementation of the this Act as the ‘‘Settlement’’), in the litiga- with private parties, including agreements Settlement, the Secretary shall provide a tion entitled NATURAL RESOURCES DE- related to construction, improvement, and right of first refusal to the property owner FENSE COUNCIL, et al. v. KIRK RODGERS, operation and maintenance of facilities, sub- from whom the property was initially ac- et al., United States District Court, Eastern ject to any terms and conditions that the quired, or his or her successor in interest, on District of California, No. CIV. S–88–1658– Secretary deems necessary to achieve the the same terms and conditions as the prop- LKK/GGH. purposes of the Settlement. erty is being offered to other parties. SEC. 3. DEFINITIONS. (c) ACCEPTANCE AND EXPENDITURE OF NON- (3) DISPOSITION OF PROCEEDS.—Proceeds In this Act, the terms ‘‘Friant Division FEDERAL FUNDS.—The Secretary is author- from the disposal by sale or transfer of any long-term contractors’’, ‘‘Interim Flows’’, ized to accept and expend non-Federal funds such property or interests in such property in order to facilitate implementation of the ‘‘Restoration Flows’’, ‘‘Recovered Water Ac- shall be deposited in the fund established by Settlement. count’’, ‘‘Restoration Goal’’, and ‘‘Water section 9(c). (d) MITIGATION OF IMPACTS.—Prior to the Management Goal’’ have the meanings given implementation of decisions or agreements SEC. 6. COMPLIANCE WITH APPLICABLE LAW. the terms in the Settlement. to construct, improve, operate, or maintain (a) APPLICABLE LAW.— SEC. 4. IMPLEMENTATION OF SETTLEMENT. facilities that the Secretary determines are (1) IN GENERAL.—In undertaking the meas- (a) IN GENERAL.—The Secretary of the In- needed to implement the Settlement, the ures authorized by this Act, the Secretary terior (referred to in this Act as the ‘‘Sec- Secretary shall identify— and the Secretary of Commerce shall comply retary’’) is hereby authorized and directed to (1) the impacts associated with such ac- with all applicable Federal and State laws, implement the terms and conditions of the tions; and rules, and regulations, including the Na- Settlement in cooperation with the State of (2) the measures which shall be imple- tional Environmental Policy Act of 1969 (42 California, including the following measures mented to mitigate impacts on adjacent and U.S.C. 4321 et seq.) and the Endangered Spe- as these measures are prescribed in the Set- downstream water users and landowners. cies Act of 1973 (16 U.S.C. 1531 et seq.), as nec- tlement: (e) DESIGN AND ENGINEERING STUDIES.—The essary. (1) Design and construct channel and struc- Secretary is authorized to conduct any de- (2) ENVIRONMENTAL REVIEWS.—The Sec- tural improvements as described in para- sign or engineering studies that are nec- retary and the Secretary of Commerce are graph 11 of the Settlement, provided, how- essary to implement the Settlement. authorized and directed to initiate and expe- ever, that the Secretary shall not make or (f) EFFECT ON CONTRACT WATER ALLOCA- ditiously complete applicable environmental fund any such improvements to facilities or TIONS.—Except as otherwise provided in this reviews and consultations as may be nec- property of the State of California without section, the implementation of the Settle- essary to effectuate the purposes of the Set- the approval of the State of California and ment and the reintroduction of California tlement. the State’s agreement in 1 or more Memo- Central Valley Spring Run Chinook salmon (b) EFFECT ON STATE LAW.—Nothing in this randa of Understanding to participate where pursuant to the Settlement and section 10, Act shall preempt State law or modify any appropriate. shall not result in the involuntary reduction existing obligation of the United States (2) Modify Friant Dam operations so as to in contract water allocations to Central Val- under Federal reclamation law to operate provide Restoration Flows and Interim ley Project long-term contractors, other the Central Valley Project in conformity Flows. than Friant Division long-term contractors. with State law. (g) EFFECT ON EXISTING WATER CON- (3) Acquire water, water rights, or options (c) USE OF FUNDS FOR ENVIRONMENTAL RE- TRACTS.—Except as provided in the Settle- to acquire water as described in paragraph 13 VIEWS.— ment and this Act, nothing in this Act shall of the Settlement, provided, however, such modify or amend the rights and obligations (1) DEFINITION OF ENVIRONMENTAL REVIEW.— acquisitions shall only be made from willing of the parties to any existing water service, For purposes of this subsection, the term sellers and not through eminent domain. repayment, purchase or exchange contract. ‘‘environmental review’’ includes any con- (4) Implement the terms and conditions of sultation and planning necessary to comply SEC. 5. ACQUISITION AND DISPOSAL OF PROP- paragraph 16 of the Settlement related to re- ERTY; TITLE TO FACILITIES. with subsection (a). circulation, recapture, reuse, exchange, or (a) TITLE TO FACILITIES.—Unless acquired (2) PARTICIPATION IN ENVIRONMENTAL RE- transfer of water released for Restoration pursuant to subsection (b), title to any facil- VIEW PROCESS.—In undertaking the measures Flows or Interim Flows, for the purpose of ity or facilities, stream channel, levees, or authorized by section 4, and for which envi- accomplishing the Water Management Goal other real property modified or improved in ronmental review is required, the Secretary of the Settlement, subject to— the course of implementing the Settlement may provide funds made available under this (A) applicable provisions of California authorized by this Act, and title to any Act to affected Federal agencies, State agen- water law; modifications or improvements of such facil- cies, local agencies, and Indian tribes if the (B) the Secretary’s use of Central Valley ity or facilities, stream channel, levees, or Secretary determines that such funds are Project facilities to make Project water other real property— necessary to allow the Federal agencies, (other than water released from Friant Dam (1) shall remain in the owner of the prop- State agencies, local agencies, or Indian pursuant to the Settlement) and water ac- erty; and tribes to effectively participate in the envi- quired through transfers available to exist- (2) shall not be transferred to the United ronmental review process. ing south-of-Delta Central Valley Project States on account of such modifications or (3) LIMITATION.—Funds may be provided contractors; and improvements. under paragraph (2) only to support activi- (C) the Secretary’s performance of the (b) ACQUISITION OF PROPERTY.— ties that directly contribute to the imple- Agreement of November 24, 1986, between the (1) IN GENERAL.—The Secretary is author- mentation of the terms and conditions of the United States of America and the Depart- ized to acquire through purchase from will- Settlement. ment of Water Resources of the State of ing sellers any property, interests in prop- (d) NONREIMBURSABLE FUNDS.—The United California for the coordinated operation of erty, or options to acquire real property States’ share of the costs of implementing the Central Valley Project and the State needed to implement the Settlement author- this Act shall be nonreimbursable under Fed- Water Project as authorized by Congress in ized by this Act. eral reclamation law, provided that nothing section 2(d) of the Act of August 26, 1937 (50 (2) APPLICABLE LAW.—The Secretary is au- in this subsection shall limit or be construed Stat. 850, 100 Stat. 3051), including any agree- thorized, but not required, to exercise all of to limit the use of the funds assessed and
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S68 CONGRESSIONAL RECORD — SENATE January 4, 2007 collected pursuant to sections 3406(c)(1) and section (c), there are also authorized to be nancing into the Fund pursuant to sub- 3407(d)(2) of the Reclamation Projects Au- appropriated not to exceed $250,000,000 (at section (c)(3), monies specified in paragraphs thorization and Adjustment Act of 1992 (Pub- October 2006 price levels) to implement this (1) and (2) of subsection (c) shall be provided lic Law 102–575; 106 Stat. 4721, 4727), for im- Act and the Settlement, to be available until by the Friant Division long-term contractors plementation of the Settlement, nor shall it expended; provided however, that the Sec- directly to such public agency or subdivision be construed to limit or modify existing or retary is authorized to spend such additional of the State of California to repay the bond, future Central Valley Project Ratesetting appropriations only in amounts equal to the loan or financing rather than into the Fund. Policies. amount of funds deposited in the Fund (not (3) DISPOSITION OF PAYMENTS.—After the SEC. 7. COMPLIANCE WITH CENTRAL VALLEY including payments under subsection (c)(2), satisfaction of any such bond, loan, or fi- PROJECT IMPROVEMENT ACT. proceeds under subsection (c)(3) other than nancing, the payments specified in para- Congress hereby finds and declares that an amount equal to what would otherwise graphs (1) and (2) of subsection (c) shall be the Settlement satisfies and discharges all of have been deposited under subsection (c)(1) paid directly into the Fund authorized by the obligations of the Secretary contained in in the absence of issuance of the bond, and this section. section 3406(c)(1) of the Reclamation proceeds under subsection (c)(4)), the amount (e) LIMITATION ON CONTRIBUTIONS.—Pay- Projects Authorization and Adjustment Act of in-kind contributions, and other non-Fed- eral payments actually committed to the ments made by long-term contractors who of 1992 (Public Law 102–575; 106 Stat. 4721), receive water from the Friant Division and provided, however, that— implementation of this Act or the Settle- ment. Hidden and Buchanan Units of the Central (1) the Secretary shall continue to assess Valley Project pursuant to sections 3406(c)(1) and collect the charges provided in section (2) OTHER FUNDS.—The Secretary is author- ized to use monies from the Fund created and 3407(d)(2) of the Reclamation Projects 3406(c)(1) of the Reclamation Projects Au- Authorization and Adjustment Act of 1992 thorization and Adjustment Act of 1992 (Pub- under section 3407 of the Reclamation Projects Authorization and Adjustment Act (Public Law 102–575; 106 Stat. 4721, 4727) and lic Law 102–575; 106 Stat. 4721), as provided in payments made pursuant to paragraph the Settlement and section 9(d); and of 1992 (Public Law 102–575; 106 Stat. 4727) for purposes of this Act. 16(b)(3) of the Settlement and subsection (2) those assessments and collections shall (c)(2) shall be the limitation of such entities’ continue to be counted towards the require- (c) FUND.—There is hereby established within the Treasury of the United States a direct financial contribution to the Settle- ments of the Secretary contained in section fund, to be known as the ‘‘San Joaquin River ment, subject to the terms and conditions of 3407(c)(2) of the Reclamation Projects Au- Restoration Fund’’, into which the following paragraph 21 of the Settlement. thorization and Adjustment Act of 1992 (Pub- shall be deposited and used solely for the lic Law 102–575; 106 Stat. 4726). (f) NO ADDITIONAL EXPENDITURES RE- purpose of implementing the Settlement, to SEC. 8. NO PRIVATE RIGHT OF ACTION. QUIRED.—Nothing in this Act shall be con- be available for expenditure without further strued to require a Federal official to expend (a) IN GENERAL.—Nothing in this Act con- appropriation: fers upon any person or entity not a party to Federal funds not appropriated by Congress, (1) Subject to subsection (d), at the begin- or to seek the appropriation of additional the Settlement a private right of action or ning of the fiscal year following enactment funds by Congress, for the implementation of claim for relief to interpret or enforce the of this Act, all payments received pursuant the Settlement. provisions of this Act or the Settlement. to section 3406(c)(1) of the Reclamation (b) APPLICABLE LAW.—This section shall Projects Authorization and Adjustment Act (g) REACH 4B.— not alter or curtail any right of action or of 1992 (Public Law 102–575; 106 Stat. 4721). (1) STUDY.— claim for relief under any other applicable (2) Subject to subsection (d), the capital (A) IN GENERAL.—In accordance with the law. component (not otherwise needed to cover Settlement and the Memorandum of Under- SEC. 9. APPROPRIATIONS; SETTLEMENT FUND. operation and maintenance costs) of pay- standing executed pursuant to paragraph 6 of (a) IMPLEMENTATION COSTS.— ments made by Friant Division long-term the Settlement, the Secretary shall conduct (1) IN GENERAL.—The costs of imple- contractors pursuant to long-term water a study that specifies— menting the Settlement shall be covered by service contracts beginning the first fiscal (i) the costs of undertaking any work re- payments or in kind contributions made by year after the date of enactment of this Act. quired under paragraph 11(a)(3) of the Settle- Friant Division contractors and other non- The capital repayment obligation of such ment to increase the capacity of Reach 4B Federal parties, including the funds provided contractors under such contracts shall be re- prior to reinitiation of Restoration Flows; in paragraphs (1) through (5) of subsection duced by the amount paid pursuant to this (ii) the impacts associated with reiniti- (c), estimated to total $440,000,000, of which paragraph and the appropriate share of the ation of such flows; and the non-Federal payments are estimated to existing Federal investment in the Central (iii) measures that shall be implemented to total $200,000,000 (at October 2006 price levels) Valley Project to be recovered by the Sec- mitigate impacts. and the amount from repaid Central Valley retary pursuant to Public Law 99–546 (100 (B) DEADLINE.—The study under subpara- Project capital obligations is estimated to Stat. 3050) shall be reduced by an equivalent graph (A) shall be completed prior to res- total $240,000,000, the additional Federal ap- sum. toration of any flows other than Interim propriation of $250,000,000 authorized pursu- (3) Proceeds from a bond issue, federally- Flows. ant to subsection (b)(1), and such additional guaranteed loan, or other appropriate financ- (2) REPORT.— funds authorized pursuant to subsection ing instrument, to be issued or entered into (A) IN GENERAL.—The Secretary shall file a (b)(2); provided however, that the costs of by an appropriate public agency or subdivi- report with Congress not later than 90 days implementing the provisions of section sion of the State of California pursuant to after issuing a determination, as required by 4(a)(1) shall be shared by the State of Cali- subsection (d)(2). the Settlement, on whether to expand chan- fornia pursuant to the terms of a Memo- (4) Proceeds from the sale of water pursu- nel conveyance capacity to 4500 cubic feet randum of Understanding executed by the ant to the Settlement, or from the sale of per second in Reach 4B of the San Joaquin State of California and the Parties to the property or interests in property as provided River, or use an alternative route for pulse Settlement on September 13, 2006, which in- in section 5. flows, that— cludes at least $110,000,000 of State funds. (5) Any non-Federal funds, including State (i) explains whether the Secretary has de- (2) ADDITIONAL AGREEMENTS.— cost-sharing funds, contributed to the United cided to expand Reach 4B capacity to 4500 (A) IN GENERAL.—The Secretary shall enter States for implementation of the Settle- cubic feet per second; and into 1 or more agreements to fund or imple- ment, which the Secretary may expend with- (ii) addresses the following matters: ment improvements on a project-by-project out further appropriation for the purposes (I) The basis for the Secretary’s determina- basis with the State of California. for which contributed. tion, whether set out in environmental re- (B) REQUIREMENTS.—Any agreements en- (d) GUARANTEED LOANS AND OTHER FINANC- view documents or otherwise, as to whether tered into under subparagraph (A) shall pro- ING INSTRUMENTS.— the expansion of Reach 4B would be the pref- vide for recognition of either monetary or in- (1) IN GENERAL.—The Secretary is author- erable means to achieve the Restoration kind contributions toward the State of Cali- ized to enter into agreements with appro- Goal as provided in the Settlement, includ- fornia’s share of the cost of implementing priate agencies or subdivisions of the State ing how different factors were assessed such the provisions of section 4(a)(1). of California in order to facilitate a bond as comparative biological and habitat bene- (3) LIMITATION.—Except as provided in the issue, federally-guaranteed loan, or other ap- fits, comparative costs, relative availability Settlement, to the extent that costs incurred propriate financing instrument, for the pur- of State cost-sharing funds, and the com- solely to implement this Settlement would pose of implementing this Settlement. parative benefits and impacts on water tem- not otherwise have been incurred by any en- (2) REQUIREMENTS.—If the Secretary and an perature, water supply, private property, and tity or public or local agency or subdivision appropriate agency or subdivision of the local and downstream flood control. of the State of California, such costs shall State of California enter into such an agree- (II) The Secretary’s final cost estimate for not be borne by any such entity, agency, or ment, and if such agency or subdivision expanding Reach 4B capacity to 4500 cubic subdivision of the State of California, unless issues 1 or more revenue bonds, procures a feet per second, or any alternative route se- such costs are incurred on a voluntary basis. federally secured loan, or other appropriate lected, as well as the alternative cost esti- (b) AUTHORIZATION OF APPROPRIATIONS.— financing to fund implementation of the Set- mates provided by the State, by the Restora- (1) IN GENERAL.—In addition to the funds tlement, and if such agency deposits the pro- tion Administrator, and by the other parties provided in paragraphs (1) through (5) of sub- ceeds received from such bonds, loans, or fi- to the Settlement.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S69 (III) The Secretary’s plan for funding the section 4 of the Endangered Species Act of Everywhere I go in Wisconsin, I see costs of expanding Reach 4B or any alter- 1973 (16 U.S.C. 1533) other than the reintro- how prescription drug costs are a drain native route selected, whether by existing duced population of California Central Val- on seniors, families, and businesses Federal funds provided under this Act, by ley Spring Run Chinook salmon, including that are struggling to pay their health non-Federal funds, by future Federal appro- protections pursuant to existing biological priations, or some combination of such opinions or new biological opinions issued by care bills. They want help now and we sources. the Secretary or Secretary of Commerce; or can respond by expanding access to ge- (B) DETERMINATION REQUIRED.—The Sec- (B) precludes the Secretary or Secretary of neric drugs. Generics, which on average retary shall, to the extent feasible, make the Commerce from imposing protections under cost 63 percent less than their brand- determination in subparagraph (A) prior to the Endangered Species Act of 1973 (16 U.S.C. name counterparts, are a big part of undertaking any substantial construction 1531 et seq.) for other species listed pursuant the solution to health care costs that work to increase capacity in Reach 4B. to section 4 of that Act (16 U.S.C. 1533) be- are spiraling out of control. (3) COSTS.—If the Secretary’s estimated cause those protections provide incidental Federal cost for expanding Reach 4B in para- benefits to such reintroduced California Cen- The private and public sectors, as graph (2), in light of the Secretary’s funding tral Valley Spring Run Chinook salmon. well as individuals, are seeking relief plan set out in paragraph (2), would exceed (d) REPORT.— from high drug costs, and Senate Spe- the remaining Federal funding authorized by (1) IN GENERAL.—Not later than December cial Committee on Aging has heard this Act (including all funds reallocated, all 31, 2024, the Secretary of Commerce shall re- some remarkable success stories from funds dedicated, and all new funds author- port to Congress on the progress made on the some who have turned to generic drugs. ized by this Act and separate from all com- reintroduction set forth in this section and Last year, General Motors testified mitments of State and other non-Federal the Secretary’s plans for future implementa- funds and in-kind commitments), then before tion of this section. that, in 2005, they spent $1.9 billion dol- the Secretary commences actual construc- (2) INCLUSIONS.—The report under para- lars on prescription drugs, 40 percent of tion work in Reach 4B (other than planning, graph (1) shall include— their total health care spending. Their design, feasibility, or other preliminary (A) an assessment of the major challenges, program to use generics first, when a measures) to expand capacity to 4500 cubic if any, to successful reintroduction; generic drug is available, saves GM feet per second to implement this Settle- (B) an evaluation of the effect, if any, of nearly $400 million a year. ment, Congress must have increased the ap- the reintroduction on the existing popu- plicable authorization ceiling provided by lation of California Central Valley Spring Last year, millions of seniors exceed- this Act in an amount at least sufficient to Run Chinook salmon existing on the Sac- ed the initial $2,250 Medicare drug ben- cover the higher estimated Federal costs. ramento River or its tributaries; and efit and fell into the ‘‘donut hole,’’ SEC. 10. CALIFORNIA CENTRAL VALLEY SPRING (C) an assessment regarding the future of where they had to pay the full price of RUN CHINOOK SALMON. the reintroduction. their drugs. Using less expensive, but (a) FINDING.—Congress finds that the im- (e) FERC PROJECTS.— equally effective, generic drugs will plementation of the Settlement to resolve 18 (1) IN GENERAL.—With regard to California keep seniors out of the ‘‘donut hole’’ years of contentious litigation regarding res- Central Valley Spring Run Chinook salmon toration of the San Joaquin River and the longer and help them survive the gap reintroduced pursuant to the Settlement, in coverage. reintroduction of the California Central Val- the Secretary of Commerce shall exercise its ley Spring Run Chinook salmon is a unique authority under section 18 of the Federal Generic drugs approved by the FDA and unprecedented circumstance that re- Power Act (16 U.S.C. 811) by reserving its must meet the same rigorous standards quires clear expressions of Congressional in- right to file prescriptions in proceedings for for safety and effectiveness as brand- tent regarding how the provisions of the En- projects licensed by the Federal Energy Reg- name drugs. In addition to being safe dangered Species Act of 1973 (16 U.S.C. 1531 et ulatory Commission on the Calaveras, seq.) are utilized to achieve the goals of res- and effective, the generic must have Stanislaus, Tuolumne, Merced, and San Joa- toration of the San Joaquin River and the the same active ingredient or ingredi- quin rivers and otherwise consistent with successful reintroduction of California Cen- subsection (c) until after the expiration of ents, be the same strength, and have tral Valley Spring Run Chinook salmon. the term of the Settlement, December 31, the same labeling for the approved uses (b) REINTRODUCTION IN THE SAN JOAQUIN as the brand drug. Generics perform RIVER.—California Central Valley Spring 2025, or the expiration of the designation Run Chinook salmon shall be reintroduced in made pursuant to subsection (b), whichever the same as their respective brand the San Joaquin River below Friant Dam ends first. name product. pursuant to section 10(j) of the Endangered (2) EFFECT OF SUBSECTION.—Nothing in this Modeled after similar provisions in Species Act of 1973 (16 U.S.C. 1539(j)) and the subsection shall preclude the Secretary of Commerce from imposing prescriptions pur- many state-administered Medicaid pro- Settlement, provided that the Secretary of grams, this measure would reduce the Commerce finds that a permit for the re- suant to section 18 of the Federal Power Act introduction of California Central Valley (16 U.S.C. 811) solely for other anadromous high costs of the new prescription drug Spring Run Chinook salmon may be issued fish species because those prescriptions pro- program and keep seniors from reach- pursuant to section 10(a)(1)(A) of the Endan- vide incidental benefits to such reintroduced ing the current gap in coverage or gered Species Act of 1973 (16 U.S.C. California Central Valley Spring Run Chi- ‘‘donut hole’’ by guiding beneficiaries 1539(a)(1)(A)). nook salmon. toward cost-saving generic drug alter- (c) FINAL RULE.— (f) EFFECT OF SECTION.—Nothing in this natives. (1) DEFINITION OF THIRD PARTY.—For the section is intended or shall be construed— purpose of this subsection, the term ‘‘third (1) to modify the Endangered Species Act We know generic drugs have the po- party’’ means persons or entities diverting of 1973 (16 U.S.C. 1531 et seq.) or the Federal tential to save seniors thousands of or receiving water pursuant to applicable Power Act (16 U.S.C. 791a et seq.); or dollars, and curb health spending for State and Federal law and shall include Cen- (2) to establish a precedent with respect to the Federal Government, employers, tral Valley Project contractors outside of any other application of the Endangered Spe- and families. And every year, more the Friant Division of the Central Valley cies Act of 1973 (16 U.S.C. 1531 et seq.) or the blockbuster drugs are coming off pat- Federal Power Act (16 U.S.C. 791a et seq.). Project and the State Water Project. ent, setting up the potential for bil- (2) ISSUANCE.—The Secretary of Commerce shall issue a final rule pursuant to section By Mr. KOHL: lions of dollars in savings. This legisla- 4(d) of the Endangered Species Act of 1973 (16 S. 28. A bill to amend title XVIII of tion is one piece of a larger agenda I’m U.S.C. 1533(d)) governing the incidental take the Social Security Act to require the pushing to remove the obstacles that of reintroduced California Central Valley use of generic drugs under the Medi- prevent generics from getting to mar- Spring Run Chinook salmon prior to the re- care part D prescription drug program ket, and making sure that every sen- introduction. ior, every family, every business, and (3) REQUIRED COMPONENTS.—The rule issued when available unless the brand name drug is determined to be medically nec- every government program knows the under paragraph (2) shall provide that the re- value of generics and uses them to introduction will not impose more than de essary; to the Committee on Finance. minimus: water supply reductions, addi- Mr. KOHL. Mr. President, I rise bring costs down. I urge my colleagues tional storage releases, or bypass flows on today to introduce the Generics First to support this legislation. unwilling third parties due to such reintro- Act. This legislation requires the use of I ask unanimous consent that the duction. available generic drugs under the Medi- text of the bill be printed in the (4) APPLICABLE LAW.—Nothing in this sec- RECORD. tion— care Part D prescription drug program, (A) diminishes the statutory or regulatory unless the brand name drug is deter- There being no objection, the text of protections provided in the Endangered Spe- mined to be medically necessary by a the bill was ordered to be printed in cies Act for any species listed pursuant to physician. the RECORD, as follows:
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S70 CONGRESSIONAL RECORD — SENATE January 4, 2007 S. 28 placed by the storms want to go home your house to the LRA for the $150,000 Be it enacted by the Senate and House of Rep- and the Road Home program will get payment, it is treated like a home sale resentatives of the United States of America in them there. and there is no tax. This policy creates Congress assembled, But the IRS has dug a big pothole in a disincentive to recovery. The Road SECTION 1. SHORT TITLE. the middle of the Road Home by mak- Home will become the Road Out. This Act may be cited as the ‘‘Generics ing some of these payments taxable. Congress has done a tremendous job First Act of 2007’’. The way this tax surprise works is by passing legislation to encourage in- SEC. 2. REQUIRED USE OF GENERIC DRUGS UNDER THE MEDICARE PART D PRE- requiring that any hurricane victim vestment and the rebuilding of the Gulf SCRIPTION DRUG PROGRAM. who claimed a casualty loss deduction Coast. At the end of the last session we (a) IN GENERAL.—Section 1860D–2(e)(2) of for damage to their home on their tax passed a tax extenders bill that con- the Social Security Act (42 U.S.C. 1395w– return for 2005 will have to reduce that tained a two-year extension of the 102(e)(2)) is amended by adding at the end the loss by the amount of any payment bonus depreciation for investment in following new subparagraph: from the LRA. So if they had their the most seriously damaged areas in ‘‘(C) NON-GENERIC DRUGS UNLESS CERTAIN taxes reduced in one year and received the GO Zone. That investment is sup- REQUIREMENTS ARE MET.— a Road Home grant the next year, they ‘‘(i) IN GENERAL.—Such term does not in- posed to attract businesses and people clude a drug that is a nongeneric drug have to essentially eliminate any ben- to Louisiana and the Gulf. The IRS’s unless– efit of the earlier casualty loss deduc- actions will only keep people away. We ‘‘(I) no generic drug has been approved tion. Their taxes will go up. should not put road blocks in the way under the Federal Food, Drug, and Cosmetic Now I realize that under normal cir- of the Road Home. Act with respect to the drug; or cumstances, when a person’s home Today, I am introducing legislation ‘‘(II) the nongeneric drug is determined to burns down, the roof caves in, or they to eliminate this road block to our re- be medically necessary by the individual pre- are a victim of theft, they can take a covery and to clarify that Road Home scribing the drug and prior authorization for casualty loss deduction, provided it the drug is obtained from the Secretary. payments are not to be taxed. The hur- ‘‘(ii) DEFINITIONS.—In this subparagraph: meets certain requirements. The loss ricanes in 2005 were remarkable events ‘‘(I) GENERIC DRUG.—The term ‘generic must exceed ten percent of the tax- causing unprecedented damage. As drug’ means a drug that is the subject of an payer’s adjusted gross income, with a Congress has done in the past, we must application approved under subsection (b)(2) per loss floor of $100. In some cir- continue to respond in unprecedented or (j) of section 505 of the Federal Food, cumstances, taxpayers are permitted and innovative ways. I encourage my Drug, and Cosmetic Act, for which the Sec- to include a current-year casualty loss colleagues to support this bill. retary has made a determination that the on an amended prior year return. drug is the therapeutic equivalent of a listed Immediately after Katrina, we en- By Mr. BAUCUS: drug under section 505(j)(7) of such Act. acted the Katrina Emergency Tax Re- S. 41. A bill to amend the Internal ‘‘(II) NONGENERIC DRUG.—The term ‘non- generic drug’ means a drug that is the sub- lief Act (KETRA) that suspended the Revenue Code of 1986 to provide incen- ject of an application approved under— ten percent floor for casualty losses in- tives to improve America’s research ‘‘(aa) section 505(b)(1) of the Federal Food, curred in the Hurricane Katrina dis- competitiveness, and for other pur- Drug, and Cosmetic Act; or aster area, including those claimed on poses; to the Committee on Finance. ‘‘(bb) section 505(b)(2) of such Act and that amended returns. The purpose of the Mr. BAUCUS. Mr. President, back in has been determined to be not therapeuti- change in KETRA was simple: we want- 1962, Marshall McLuhan wrote, ‘‘The cally equivalent to any listed drug.’’. ed to put money in the hands of new electronic interdependence recre- (b) EFFECTIVE DATE.—The amendment ates the world in the image of a global made by subsection (a) shall apply to drugs Katrina victims as quickly as possible. dispensed on or after the date of enactment We essentially encouraged taxpayers to village.’’ Certainly, 40 years later, that of this Act. take this casualty loss, even by amend- concept is truer than ever. As we pre- ing a past return. The IRS would then pare for the future in this global vil- By Ms. LANDRIEU: provide them with a refund. lage, we need to affirm America’s lead- S. 29. A bill to clarify the tax treat- This was a very helpful proposal in ership role in the world. ment of certain payments made to the days immediately following The United States accounts for one- homeowners by the Louisiana Recov- Katrina, Mr. President. Hurricane vic- third of the world’s spending on sci- ery Authority and the Mississippi De- tims needed that money. If you had entific research and development, velopment Authority; to the Com- lost your home, that money could help ranking first among all countries. mittee on Finance. you pay for a place to live. Many hurri- While this is impressive, relative to Ms. LANDRIEU. Mr. President, at cane victims lost their jobs and needed GDP, though, the United States falls to the end of the 109th Congress, I learned this money to see them through until sixth place. And the trends show that that the Internal Revenue Service had they started working again. They used maintaining American leadership in a tax surprise for citizens in my state the money to begin the rebuilding of the future depends on increased com- of Louisiana and in Mississippi who are their lives. mitment to research and science. trying to rebuild after Katrina. This Congress encouraged people to take Asia has recognized this. Asia is tax surprise will set back our recovery the new deduction by changing the law. plowing more funding into science and and discourage our citizens from com- Now the IRS wants to take it back. education. China, in particular, under- ing home. I fully understand the policy behind stands that technological advancement Let me explain to my colleagues what the IRS is doing. Casualty loss means security, independence, and eco- what I am talking about. Both Lou- deductions are normally reduced by the nomic growth. Spending on research isiana and Mississippi have established amount of any insurance or other re- and development has increased by 140 programs to help families rebuild their covery they make on the loss. In fact, percent in China, Korea and Taiwan. In homes and their lives after Katrina and at the time the taxpayer makes the de- America, it has increased by only 34 Rita. Congress appropriated the money duction he or she is supposed to reduce percent. for these initiatives—more than $10 bil- the amount of the loss by any insur- Asia’s commitment is already paying lion in all, and we are very grateful for ance recovery they reasonably expect off. More than a hundred Fortune 500 the assistance. The Louisiana program to receive. If you receive a larger pay- companies have opened research cen- is called the ‘‘Road Home’’ and it is ad- ment than you expected at a future ters in India and China. I have visited ministered by the Louisiana Recovery time, you must claim it on your in- some of them. I was impressed with the Authority (LRA). The program is now come tax return when you receive it. level of skill of the workers I met starting to get going. Homeowners are The problem is that this policy will there. eligible to receive grants from the encourage people to leave Louisiana. If China’s commitment to research, at Road Home of up to $150,000 to help you took the casualty loss on your re- $60 billion in expenditures, is dramatic them rebuild or repair their homes. turn, and you receive a $150,000 Road by any measure. Over the last few Rental properties are also eligible. Home payment to rebuild your house, years, China has doubled the share of Grants can also be used to buy out you will have a tax consequence. But if its economy that it invests in research. homes. The Louisianians who were dis- you took the casualty loss and sold China intends to double the amount
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S71 committed to basic research in the in trying to calculate the credit. And it credit. It is completely underutilized. next decade. Currently, only America creates problems for the IRS in trying It needs to be simplified to encourage beats out China in numbers of re- to administer and audit those claims. businesses to give more for basic re- searchers in the workforce. The new credit focuses only on ex- search. Today, I am pleased to introduce the penses, not gross receipts. And it is American universities have been Research Competitiveness Act of 2007. still an incremental credit, so that powerful engines of scientific dis- This bill would improve our research companies must continue to increase covery. To maintain our premier global competitiveness in four major areas. research spending over time. Further, position in basic research, America re- All four address incentives in our tax this bill adds a mandate for a Treasury lies on sustained high levels of basic re- code. Government also supports re- study to look at substantiation issues search funding and the ability to re- search through federal spending. But I and ensure that current recordkeeping cruit the most talented students in the am not addressing those areas today. requirements assist the IRS without world. The gestation of scientific dis- First, my bill improves and sim- unduly burdening the taxpayer. covery is long. At least at first, we can- plifies the credit for applied research in A tax credit is a cost-effective way to not know the commercial applications section 41 of the tax code. This credit promote R&E. A report by the Congres- of a discovery. But America leads the has grown to be overly complex, both sional Research Service finds that world in biotechnology today because for taxpayers and the IRS. Beginning without government support, invest- of support for basic research in chem- in 2008, my bill would create a simpler ment in R&E would fall short of the so- istry and physics in the 1960s. Main- 20 percent credit for qualifying re- cially optimal amount. Thus CRS en- taining a commitment to scientific in- search expenses that exceed 50 percent dorses Government policies to boost quiry, therefore, must be part of our vi- of the average expenses for the prior 3 private sector R&E. sion for sustained competitiveness. years. Also, American workers who are en- Translating university discoveries And just as important: The bill gaged in R&E activities benefit from into commercial products also takes makes the credit permanent. Because some of the most intellectually stimu- innovation, capital, and risk. The Cen- the credit has been temporary, it has lating, high-paying, high-skilled jobs ter for Strategic and International simply not been as effective as it could in the economy. Studies asked what kind of government be. Since its creation in 1981, it has My own State of Montana has excel- intervention can maintain techno- been extended 11 times. Congress even lent examples of this economic activ- logical leadership. One source of tech- allowed it to lapse during one period. ity. During the 1990s, about 400 estab- nological innovation that provides The credit last expired in December lishments in Montana provided high- America with comparative advantage of 2005. After much consternation and technology services, at an average is the combination of university re- delay, Congress passed a two-year ex- wage of about $35,000 per year. These search programs, entrepreneurs, and tension just last month, extending the jobs paid nearly 80 percent more than risk capital from venture capitalists, credit for 2006 and 2007. These tem- the average private sector wage, which corporations, or governments. Re- porary extensions have taken their toll was less than $20,000 a year during the search clusters around Silicon Valley on taxpayers. In 2005, the experts at the same period. Many of these jobs would and North Carolina’s Research Tri- Joint Committee on Taxation wrote: never have been created without the angle exemplify this sort of combina- ‘‘Perhaps the greatest criticism of the assistance of the R&E credit. tion. R&E credit among taxpayers regards My research bill would also establish The National Academies reached a its temporary nature.’’ Joint Tax went a uniform reimbursement rate for all similar conclusion in a 2002 review of on to say, ‘‘A credit of longer duration contract and consortia R&E. It would the National Nanotechnology Initia- may more successfully induce addi- provide that 80 percent of expenses for tives. In a report, they wrote: ‘‘To en- tional research than would a tem- research performed for the taxpayer by hance the transition from basic to ap- porary credit, even if the temporary other parties count as qualifying re- plied research, the committee rec- credit is periodically renewed.’’ search expenses under the regular cred- ommends that industrial partnerships Currently, there are three different it. be stimulated and nurtured to help ac- ways to claim a tax credit for quali- Currently, when a taxpayer pays celerate the commercialization of na- fying research expenses. First, the someone else to perform research for tional nanotechnology developments.’’ ‘‘traditional’’ credit relies on incre- the taxpayer, the taxpayer can claim To further that goal, the third major mental increases in expenses compared one of three rates in order to determine area this bill addresses is fostering the to a mid-1980s base period. Second, the how much the taxpayer can include for creation of research parks. This part of ‘‘alternative incremental’’ credit meas- the research credit. The lower amount the bill would benefit state and local ures the increase in research over the is meant to assure overhead expenses governments and universities that average of the prior 4 years. that normally do not qualify for the want to create research centers for Both of these credits have base peri- R&E credit are not counted. Different businesses incubating scientific discov- ods involving gross receipts. Under the rates, however, create unnecessary eries with promise for commercial de- new tax bill enacted last month, a complexity. Therefore, my bill creates velopment. third formula was created, which does a uniform rate of 80 percent. Stanford created the nation’s first not rely on gross receipts and is avail- The second major research area that high-tech research park in 1951, in re- able only for 2007. My bill simplifies this bill addresses is the need to en- sponse to the demand for industrial these credits by using this new credit hance and simplify the credit for basic land near the university and an emerg- only, known as the ‘‘Alternative Sim- research. This credit benefits univer- ing electronics industry tied closely to plified Credit,’’ based on research sities and other entities committed to the School of Engineering. The Stan- spending without reference to gross re- basic research. And it benefits the com- ford Research Park traces its origins to ceipts. The current formulas hurt com- panies or individuals who donate to a business started with $538 in a Palo panies that have fluctuating sales. And them. My bill provides that payments Alto garage by two men named Bill it hurts companies that take on a new under the university basic research Hewlett and Dave Packard. The Park is line of business not dependent on re- credit would count as contractor ex- now home to 140 companies in elec- search. penses at the rate of 100 percent. tronics, software, biotechnology, and This new, simpler formula in my bill The current formula for calculating other high tech fields. would not start until 2008. That start the university basic research credit— Similarly, the North Carolina Re- date would give companies plenty of defined as research ‘‘for the advance- search Triangle was founded in 1959 by time to adjust their accounting. ment of science with no specific com- university, government, and business The main complaint about the exist- mercial objective’’—is even more com- leaders with money from private con- ing credits is that they are very com- plex than the regular traditional R&E tributions. It now has 112 research and plex, particularly the reference to the credit. Because of this complexity, this development organizations, 37,600 em- 20-year-old base period. This base pe- credit costs less than one-half of 1 per- ployees, and capital investment of riod creates problems for the taxpayer cent of the cost of the regular R&E more than $2.7 billion. More recently,
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S72 CONGRESSIONAL RECORD — SENATE January 4, 2007 Virginia has fostered a research park That’s what they called the first few of 1984; to the Committee on Homeland now housing 53 private-sector compa- years of business, when an entre- Security and Governmental Affairs. nies, nonprofits, VCU research insti- preneur has a promising technology Mr. MCCONNELL. Mr. President, I tutes, and state laboratories. The Vir- but little money to test or develop it. ask unanimous consent that the test of ginia park employs more than 1,300 Many businesses simply do not survive the bill be printed in the RECORD. people. the ‘‘valley of death.’’ I believe that There being no objection, the text of The creation of these parks would Congress should find a way to assist the bill was ordered to be printed in seem to be an obvious choice. But it these businesses with promising tech- the RECORD, as follows: takes a significant commitment from a nology. S. 42 range of sources to bring them into Nanotechnology, for instance, shows Be it enacted by the Senate and House of Rep- being. To foster the creation and ex- much promise. According to a recent resentatives of the United States of America in pansion of these successful parks, my report, over the next decade, Congress assembled, bill will encourage their creation nanotechnology will affect most manu- SECTION 1. SHORT TITLE. through the use of tax-exempt bond fi- factured goods. As stated in Senate tes- This Act may be cited as the ‘‘Arctic Re- nancing. Allowing tax-exempt bond au- timony by one National Science Foun- search and Policy Amendments Act of 2007’’. thority would bring down the cost to dation official last year, SEC. 2. CHAIRPERSON OF THE ARCTIC RE- ‘‘Nanotechnology is truly our next SEARCH COMMISSION. establish such parks. (a) COMPENSATION.—Section 103(d)(1) of the Foreign countries are emulating this great frontier in science and engineer- Arctic Research and Policy Act of 1984 (15 successful formula. They are estab- ing.’’ It took me a while to understand U.S.C. 4102(d)(1)) is amended in the second lishing high-tech clusters through gov- just what nanotechnology is. But it is sentence by striking ‘‘90 days’’ and inserting ernment and university partnerships basically the control of things at very, ‘‘, in the case of the chairperson, 120 days, with private industry. very small dimensions. By under- and, in the case of any other member, 90 Back in 2000, a partnership was standing and controlling at that di- days,’’. formed to foster TechRanch to assist mension, people can find new and (b) REDESIGNATION.—Section 103(d)(2) of the unique applications. These applications Arctic Research and Policy Act of 1984 (15 Montana State University and other U.S.C. 4102(d)(2)) is amended by striking Montana-based research institutions in range from common consumer prod- ‘‘Chairman’’ and inserting ‘‘chairperson’’. their efforts to commercialize re- ucts—such as making our sunblocks search. But TechRanch is desperately better—to improving disease-fighting By Mr. REID (for Mr. INOUYE): in need of some new high-tech facili- medicines—to designing more fuel-effi- S. 53. A bill to amend the Public ties. It could surely benefit from a pro- cient cars. Health Service Act to provide health vision such as this. I encourage my So, to help these small businesses care practitioners in rural areas with Colleagues to visit research parks in convert their promising science into training in preventive health care, in- their states to see how my bill could be successful businesses, my bill would es- cluding both physical and mental care, helpful in fostering more successful tablish tax credits for investments in and for other purposes; to the Com- ventures. qualifying small technology innovation mittee on Health, Education, Labor, A related item is a small fix to help companies. These struggling start-up and Pensions. universities that use tax-exempt bonds ventures often cannot utilize existing Mr. INOUYE. Mr. President, I rise to build research facilities primarily incentives in the tax code—like the today to introduce the Rural Preven- for federal research in the basic or fun- R&E tax credit—because they have no tive Health Care Training Act, a bill damental research area. Some of these tax liability and may have little in- that responds to the dire need of our facilities housing federal research— come for the first few years. They need rural communities for quality health mostly NIH and NSF funded projects— access to cheap capital to get through care and disease prevention programs. are in danger of losing their tax-ex- those first few research-intensive Almost one fourth of Americans live in empt bond status. Counsel have noti- years. rural areas and frequently lack access fied some state officials that they may The credit in my bill would be simi- to adequate physical and mental health be running afoul of a prohibition on lar to the existing and successful New care. As many as 21 million of the 34 ‘‘private use’’ in the tax code, because Markets Tax Credit. The New Markets million people living in underserved Credit has provided billions of dollars one private party has a superior claim rural areas are without access to a pri- of investment to low-income commu- to others in the use of inventions that mary care provider. Even in areas nities across the country. In my bill, result from research. where providers do exist, there are nu- entities with some expertise and The complication comes from a 1980 merous limits to access, such as geog- knowledge of research would receive an law. In 1980, Congress enacted the Pat- raphy, distance, lack of transportation, allocation from Treasury to analyze ent and Trademark Law Amendments and lack of knowledge about available and select qualifying research invest- Act, also known as the Bayh-Dole Act. resources. Due to the diversity of rural ments. These investment entities The Bayh-Dole Act requires the Fed- populations, language and cultural ob- would then target small business with eral Government to retain a non-exclu- stacles are often a factor in the access promising technologies that focus the sive, royalty-free right on any dis- to medical care. majority of their expenditures on ac- covery. In order to foster more basic Compound these problems with lim- tivity qualifying as research expenses research through Federal-state-univer- ited financial resources, and the result under the R&E credit. sity partnerships, we need to clarify In sum, my bill would boost both ap- is that many Americans living in rural that this provision of the Bayh-Dole plied and basic research. It would boost communities go without vital health act does not cause these bonds to lose research by businesses big and small. care, especially preventive care. Chil- their taxexempt status. And my bill di- And it would foster research by for- dren fail to receive immunizations and rects the Treasury Department to do profit and non-profits alike. routine checkups. Preventable illnesses so. I understand that the Treasury De- McLuhan’s quote about the global and injuries occur needlessly, and lead partment is aware of this significant village was taken by many at the time to expensive hospitalizations. Early concern. Whether or not Congress en- as a wake-up call to a changing world. symptoms of emotional problems and acts my legislation, I hope that the Since then, many more leaders in this substance abuse go undetected, and Treasury Department will clarify the village have emerged. Let us work to often develop into full-blown disorders. situation soon. see that the next big technological ad- An Institute of Medicine (IOM) report The fourth major area that my bill vance is discovered here in America. entitled, ‘‘Reducing Risks for Mental addresses is innovation at the small Only through continued commitment Disorders: Frontiers for Preventive business level. Last year, representa- to research can We ensure that it is. Intervention Research,’’ highlights the tives of a number of small benefits of preventive care for all nanotechnology companies came to By Mr. McCONNELL (for Ms. health problems. The training of health visit me. They told me that their MURKOWSKI): care providers in prevention is crucial greatest problem was surviving what S. 42. A bill to make improvements in order to meet the demand for care in they called the ‘‘valley of death.’’ to the Arctic Research and Policy Act underserved areas. Currently, rural
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S73 health care providers lack preventive service predominantly rural communities to termination, ensuring that all reason- care training opportunities. facilitate the provision of preventive health able avenues are pursued. Nurses have Interdisciplinary preventive training care training; always been an integral part of health of rural health care providers must be ‘‘(3) to provide training in appropriate re- care delivery. The Nursing School Clin- search and program evaluation skills in encouraged. Through such training, rural communities; ics Act recognizes the central role rural health care providers can build a ‘‘(4) to create and implement innovative nurses can perform as care givers to strong educational foundation from the programs and curricula with a specific pre- the medically underserved. behavioral, biological, and psycho- vention component; and I ask unanimous consent that the logical sciences. Interdisciplinary team ‘‘(5) for other purposes as the Secretary de- text of this bill be printed in the prevention training will also facilitate termines to be appropriate. RECORD. operations at sites with both health ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— There being no objection, the text of There are authorized to be appropriated to and mental health clinics by facili- carry out this section, $5,000,000 for each of the bill was ordered to be printed in tating routine consultation between fiscal years 2008 through 2011.’’. the RECORD, as follows: groups. Emphasizing the mental health S. 54 disciplines and their services as part of By Mr. REID (for Mr. INOUYE): Be it enacted by the Senate and House of Rep- the health care team will contribute to S. 54. A bill to amend title XIX of the resentatives of the United States of America in the overall health of rural commu- Social Security Act to provide for cov- Congress assembled, nities. erage of services provided by nursing SECTION 1. SHORT TITLE. The Rural Preventive Health Care school clinics under State medicaid This Act may be cited as the ‘‘Nursing Training Act would implement the programs; to the Committee on Fi- School Clinics Act of 2007’’. risk-reduction model described in the nance. SEC. 2. MEDICAID COVERAGE OF SERVICES PRO- IOM study. This model is based on the Mr. INOUYE. Mr. President, today I VIDED BY NURSING SCHOOL CLIN- identification of risk factors and tar- introduce the Nursing School Clinics ICS. Act. This measure builds on our con- (a) IN GENERAL.—Section 1905(a) of the So- gets specific interventions for those cial Security Act (42 U.S.C. 1396d(a)) is risk factors. The human suffering certed efforts to provide access to qual- amended— caused by poor health is immeasurable, ity health care for all Americans by of- (1) in paragraph (27), by striking ‘‘and’’ at and places a huge financial burden on fering grants and incentives for nurs- the end; communities, families, and individuals. ing schools to establish primary care (2) by redesignating paragraph (28) as para- By implementing preventive measures clinics in underserved areas where ad- graph (29); and to reduce this suffering, the potential ditional medical services are most (3) by inserting after paragraph (27), the psychological and financial savings are needed. In addition, this measure pro- following new paragraph: vides the opportunity for nursing ‘‘(28) nursing school clinic services (as de- enormous. fined in subsection (y)) furnished by or under I ask unanimous consent that the schools to enhance the scope of student the supervision of a nurse practitioner or a text of this bill be printed in the training and education by providing clinical nurse specialist (as defined in sec- RECORD. firsthand clinical experience in pri- tion 1861(aa)(5)), whether or not the nurse There being no objection, the text of mary care facilities. practitioner or clinical nurse specialist is the bill was ordered to be printed in Primary care clinics administered by under the supervision of, or associated with, the RECORD, as follows: nursing schools are university or non- a physician or other health care provider; S. 53 profit primary care centers developed and’’. (b) NURSING SCHOOL CLINIC SERVICES DE- Be it enacted by the Senate and House of Rep- mainly in collaboration with univer- sity schools of nursing and the commu- FINED.—Section 1905 of the Social Security resentatives of the United States of America in Act (42 U.S.C. 1396d) is amended by adding at Congress assembled, nities they serve. These centers are the end the following new subsection: SECTION 1. SHORT TITLE. staffed by faculty and staff who are ‘‘(y) The term ‘nursing school clinic serv- This Act may be cited as the ‘‘Rural Pre- nurse practitioners and public health ices’ means services provided by a health ventive Health Care Training Act of 2007’’. nurses. Students supplement patient care facility operated by an accredited SEC. 2. PREVENTIVE HEALTH CARE TRAINING. care while receiving preceptorships school of nursing which provides primary Part D of title VII of the Public Health provided by college of nursing faculty care, long-term care, mental health coun- Service Act (42 U.S.C. 294 et seq.) is amended and primary care physicians, often as- seling, home health counseling, home health by inserting after section 754 the following: sociated with academic institutions, care, or other health care services which are ‘‘SEC. 754A. PREVENTIVE HEALTH CARE TRAIN- within the scope of practice of a registered ING. who serve as collaborators with nurse nurse.’’. ‘‘(a) IN GENERAL.—The Secretary may practitioners. To date, the comprehen- (c) CONFORMING AMENDMENT.—Section make grants to, and enter into contracts sive models of care provided by nursing 1902(a)(10)(C)(iv) of the Social Security Act with, eligible applicants to enable such ap- clinics have yielded excellent results, (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by plicants to provide preventive health care including significantly fewer emer- inserting ‘‘and (28)’’ after ‘‘(24)’’. training, in accordance with subsection (c), gency room visits, fewer hospital inpa- (d) EFFECTIVE DATE.—The amendments to health care practitioners practicing in tient days, and less use of specialists, made by this section shall be effective with rural areas. Such training shall, to the ex- as compared to conventional primary respect to payments made under a State plan tent practicable, include training in health under title XIX of the Social Security Act care to prevent both physical and mental health care. (42 U.S.C. 1396 et seq.) for calendar quarters disorders before the initial occurrence of This bill reinforces the principle of commencing with the first calendar quarter such disorders. In carrying out this sub- combining health care delivery in un- beginning after the date of enactment of this section, the Secretary shall encourage, but derserved areas with the education of Act. may not require, the use of interdisciplinary advanced practice nurses. To accom- training project applications. plish these objectives, Title XIX of the By Mr. BAUCUS (for himself, Mr. ‘‘(b) LIMITATION.—To be eligible to receive Social Security Act would be amended GRASSLEY, Mr. SCHUMER, Mr. training using assistance provided under sub- to designate that the services provided KYL, and Mr. CRAPO): section (a), a health care practitioner shall S. 55. A bill to amend the Internal be determined by the eligible applicant in- in these nursing school clinics are re- volved to be practicing, or desiring to prac- imbursable under Medicaid. The com- Revenue Code of 1986 to repeal the indi- tice, in a rural area. bination of grants and the provision of vidual alternative minimum tax; to the ‘‘(c) USE OF ASSISTANCE.—Amounts re- Medicaid reimbursement furnishes the Committee on Finance. ceived under a grant made or contract en- financial incentives for clinic operators Mr. BAUCUS. Mr. President, there is tered into under this section shall be used— to establish the clinics. a monster in the tax code. Like Frank- ‘‘(1) to provide student stipends to individ- In order to meet the increasing chal- enstein, the Alternative Minimum Tax uals attending rural community colleges or lenges of bringing cost-effective and brings back to life higher taxes. Higher other institutions that service predomi- quality health care to all Americans, taxes that families had been told not to nantly rural communities, for the purpose of enabling the individuals to receive preven- we must consider a wide range of pro- worry about are brought back because tive health care training; posals, both large and small. Most im- of the Alternative Minimum Tax, or ‘‘(2) to increase staff support at rural com- portantly, we must approach the issue AMT. It is a monster that really can- munity colleges or other institutions that of health care with creativity and de- not be improved. It cannot be made to
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S74 CONGRESSIONAL RECORD — SENATE January 4, 2007 work right. It is time to draw the cur- determine whether the claim of the sent a Treaty Commission to the tain on this monster. Pottawatomi Nation in Canada is legal Pottawatomi with orders to extract a That is why I am pleased to join with or equitable in nature, and the amount cession of the remaining lands. The my friend CHUCK GRASSLEY, and our of damages, if any, which may be le- Treaty Commissioners spent 2 weeks fellow Committee colleagues, Senators gally or equitably due from the United using extraordinarily coercive tac- SCHUMER, KYL, and CRAPO to introduce States. tics—including threats of war—in an legislation today that will repeal the Seven years ago, the Chief Judge of attempt to get the Pottawatomis to individual AMT. Our bill simply says the Court of Federal Claims reported agree to cede their territory. Finally, that beginning January 1, 2007, individ- back that the Pottawatomi Nation in those Pottawatomis who were present uals will owe zero dollars under the Canada has a legitimate and credible relented and on September 26, 1933, AMT. Further, our bill provides that legal claim. Thereafter, by settlement they ceded their remaining tribal es- individuals with AMT credits can con- stipulation, the United States has tate through what would be known as tinue to use those credits up to 90 per- taken the position that it would be the Treaty of Chicago. Seventy-seven cent of their regular tax liability. ‘‘fair, just and equitable’’ to settle the members of the Pottawatomi Nation If we don’t act, in 2007, the family- claims of the Pottawatomi Nation in signed the Treaty of Chicago. Members unfriendly AMT will hit middle-income Canada for the sum of $1,830,000. This of the ‘‘Wisconsin Band’’ were not families earning $61,000 with three chil- settlement amount was reached by the present and did not assent to the ces- dren. What was once meant to ensure parties after seven years of extensive, sion. that a handful of millionaires did not fact-intensive litigation. Independ- In exchange for their land, the Trea- eliminate all taxes through excessive ently, the court concluded that the set- ty of Chicago provided that the United States would give to the Pottawatomis deductions is now meaning millions of tlement amount is ‘‘not a gratuity’’ 5 million acres of comparable land in working families, including thousands and that the ‘‘settlement was predi- what is now Missouri. The in my home State of Montana, are sub- cated on a credible legal claim.’’ Pottawatomi were familiar with the ject to a higher stealth tax. It is truly Pottawatomi Nation in Canada, et al. Missouri land, aware that it was simi- v. United States, Cong. Ref. 94–1037X at bizarre that we’ve designed a tax that lar to their homeland. But the Senate 28 (Ct. Fed. Cl., September 15, 2000) (Re- deems more children ‘‘excessive deduc- refused to ratify that negotiated agree- port of Hearing Officer). tions’’ and punishes duly paying your ment and unilaterally switched the The bill I introduce today is to au- State taxes. Already, 5,000 Montana land to five million acres in Iowa. The thorize the appropriation of those families pay a higher tax because of Treaty Commissioners were sent back funds that the United States has con- the AMT. But this number could mul- to acquire Pottawatomi assent to the cluded would be ‘‘fair, just and equi- tiply many times over if we don’t act Iowa land. All but seven of the original table’’ to satisfy this legal claim. If en- soon. 77 signatories refused to accept the acted, this bill will finally achieve a Not only is the AMT unfair and poor- change even with promises that if they measure of justice for a tribal nation ly targeted, it is an awful mess to fig- were dissatisfied ‘‘justice would be ure out. The National Taxpayer Advo- that has for far too long been denied. done.’’ cate has singled out this item as caus- For the information of our col- Treaty of Chicago, as amended, Arti- ing the most complexity for individual leagues, this is the historical back- cle 4. Nevertheless, the Treaty of Chi- taxpayers. ground that informs the underlying cago was ratified as amended by the Of course, repeal does not come with- legal claim of the Canadian Senate in 1834. Subsequently, the out cost and that cost is significant Pottawatomi. Pottawatomis sent a delegation to The members of the Pottawatomi Na- even if we assume the 2001 and 2003 tax evaluate the land in Iowa. The delega- tion in Canada are one of the descend- cuts aren’t extended. We are com- tion reported back that the land was ant groups—successors-in-interest—of mitted to working together to identify ‘‘not fit for snakes to live on.’’ reasonable offsets. Certainly, I don’t the historical Pottawatomi Nation and While some Pottawatomis removed think we want a tax system unfairly their claim originates in the latter westward, many of the Pottawatomis— placing a higher tax burden on millions part of the 18th century. The historical particularly the Wisconsin Band, whose of middle-income families with chil- Pottawatomi Nation was aboriginal to leaders never agreed to the Treaty—re- dren. But it doesn’t serve those fami- the United States. They occupied and fused to do so. By 1836, the United lies either if our budget deficit is sig- possessed a vast expanse in what is now States began to forcefully remove nificantly worse. the States of Ohio, Michigan, Indiana, Pottawatomis who remained in the Like Frankenstein’s monster, the llinois, and Wisconsin. From 1795 to east—with devastating consequences. AMT brings a most unpleasant reac- 1833, the United States annexed most of As is true with many other American tion from those whom it encounters. It the traditional land of the Indian tribes, the forced removal west- is time we end this drama and repeal Pottawatomi Nation through a series ward came at great human cost. Many the AMT. of treaties of cession—many of these of the Pottawatomi were forcefully re- cessions were made under extreme du- moved by mercenaries who were paid By Mr. REID (for Mr. INOUYE): ress and the threat of military action. on a per capita basis government con- S. 56. A bill to provide relief to the In exchange, the Pottawatomis were tract. Over one-half of the Indians re- Pottawatomi Nation in Canada for set- repeatedly made promises that the re- moved by these means died en route. tlement of certain claims against the mainder of their lands would be secure Those who reached Iowa were almost United States; to the Committee on and, in addition, that the United immediately removed further to inhos- the Judiciary. States would pay certain annuities to pitable parts of Kansas against their Mr. INOUYE. Mr. President, almost the Pottawatomi. will and without their consent. twelve years ago, I stood before you to In 1829, the United States formally Knowing of these conditions, many of introduce a bill ‘‘to provide an oppor- adopted a Federal the policy of re- the Pottawatomis including most of tunity for the Pottawatomi Nation in moval—an effort to remove all Indian those in the Wisconsin Band vigorously Canada to have the merits of their tribes from their traditional lands east resisted forced removal. To avoid Fed- claims against the United States deter- of the Mississippi River to the west. As eral troops and mercenaries, much of mined by the United States Court of part of that effort, the government in- the Wisconsin Band ultimately found it Federal Claims.’’ creasingly pressured the Pottawatomis necessary to flee to Canada. They were That bill was introduced as Senate to cede the remainder of their tradi- often pursued to the border by govern- Resolution 223, which referred the tional lands—some five million acres in ment troops, government-paid merce- Pottawatomi’s claim to the Chief and around the city of Chicago and re- naries or both. Official files of the Ca- Judge of the U.S. Court of Federal move themselves west. For years, the nadian and United States governments Claims and required the Chief Judge to Pottawatomis steadfastly refused to disclose that many Pottawatomis were report back to the Senate and provide cede the remainder of their tribal terri- forced to leave their homes without sufficient findings of fact and conclu- tory. Then in 1833, the United States, their horses or any of their possessions sions of law to enable the Congress to pressed by settlers seeking more land, other than the clothes on their backs.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S75 By the late 1830s, the government re- purpose of dealing with claims between Finally, I would just note that the fused payment of annuities to any both countries, including claims of In- claim of the Pottawatomi Nation in Pottawatomi groups that had not re- dian tribes within their respective ju- Canada is supported through specific moved west. In the 1860s, members of risdictions, by creating the Pecuniary resolutions by the National Congress of the Wisconsin Band—those still in Claims Tribunal. From 1910 to 1938, the American Indians, the oldest, largest their traditional territory and those Pottawatomi Nation in Canada dili- and most-representative tribal organi- forced to flee to Canada—petitioned gently sought to have their claim zation here in the United States, the Congress for the payment of their trea- heard in this international forum. Assembly of First Nations (which in- ty annuities promised under the Treaty Overlooked for more pressing inter- cludes all recognized tribal entities in of Chicago and all other cession trea- national matters of the period, includ- Canada), and each and every of the ties. By the Act of June 25, 1864 (13 ing the intervention of World War I, Pottawatomi tribal groups that remain Stat. 172) the Congress declared that the Pottawatomis then came to the in the United States today. the Wisconsin Band did not forfeit U.S. Congress for redress of their I ask unanimous consent that the their annuities by not removing and di- claim. text of this bill be printed in the rected that the share of the In 1946, the Congress waived its sov- RECORD. Pottawatomi Indians who had refused ereign immunity and established the There being no objection, the text of to relocate to the west should be re- Indian Claims Commission for the pur- the bill was ordered to be printed in tained for their use in the United pose of granting tribes their long-de- the RECORD, as follows: layed day in court. The Indian Claims States Treasury. (H.R. Rep. No. 470, S. 56 Commission Act (ICCA) granted the 64th Cong., p. 5, as quoted on page 3 of Be it enacted by the Senate and House of Rep- memo dated October 7, 1949.) Neverthe- Commission jurisdiction over claims resentatives of the United States of America in less, much of the money was never paid such as the type involved here. In 1948, Congress assembled, to the Wisconsin Band. the Wisconsin Band Pottawatomis SECTION 1. SETTLEMENT OF CERTAIN CLAIMS. In 1903, the Wisconsin Band—most of from both sides of the border—brought (a) AUTHORIZATION FOR PAYMENT.—Not- whom now resided in three areas, the suit together in the Indian Claims withstanding any other provision of law, States of Michigan and Wisconsin and Commission for recovery of damages. subject to subsection (b), the Secretary of the Province of Ontario—petitioned the Hannahville Indian Community v. U.S., the Treasury shall pay to the Pottawatomi Nation in Canada $1,830,000 from amounts ap- Senate once again to pay them their No. 28 (Ind. Cl. Comm. Filed May 4, 1948). Unfortunately, the Indian Claims propriated under section 1304 of title 31, fair portion of annuities as required by United States Code. the law and treaties. (Sen. Doc. No. 185, Commission dismissed Pottawatomi Nation in Canada’s part of the claim (b) PAYMENT IN ACCORDANCE WITH STIPULA- 57th Cong., 2d Sess.) By the Act of June TION FOR RECOMMENDATION OF SETTLEMENT.— ruling that the Commission had no ju- 21, 1906 (34 Stat. 380), the Congress di- The payment under subsection (a) shall— risdiction to consider claims of Indians rected the Secretary of the Interior to (1) be made in accordance with the terms living outside territorial limits of the investigate claims made by the Wis- and conditions of the Stipulation for Rec- United States. Hannahville Indian consin Band and establish a roll of the ommendation of Settlement dated May 22, Community v. U.S., 115 Ct. Cl. 823 2000, entered into between the Pottawatomi Wisconsin Band Pottawatomis that (1950). The claim of the Wisconsin Band Nation in Canada and the United States (re- still remained in the East. In addition, residing in the United States that was ferred to in this Act as the ‘‘Stipulation for the Congress ordered the Secretary to filed in the Indian Claims Commission Recommendation of Settlement’’); and determine ‘‘the[] [Wisconsin Bands] was finally decided in favor of the Wis- (2) be included in the report of the Chief Judge of the United States Court of Federal proportionate shares of the annuities, consin Band by the U.S. Claims Court trust funds, and other moneys paid to Claims regarding Congressional Reference in 1983. Hannahville Indian Community No. 94–1037X, submitted to the Senate on or expended for the tribe to which they v. United States, 4 Ct. Cl. 445 (1983). belong in which the claimant Indians January 4, 2001, in accordance with sections The Court of Claims concluded that the 1492 and 2509 of title 28, United States Code. have not shared, [and] the amount of Wisconsin Band was owed a member’s (c) FULL SATISFACTION OF CLAIMS.—The such monies retained in the Treasury proportionate share of unpaid annu- payment under subsection (a) shall be in full of the United States to the credit of ities from 1838 through 1907 due under satisfaction of all claims of the Pottawatomi the clamant Indians as directed the various treaties, including the Treaty Nation in Canada against the United States provision of the Act of June 25, 1864.’’ of Chicago and entered judgment for that are referred to or described in the Stip- In order to carry out the 1906 Act, the ulation for Recommendation of Settlement. the American Wisconsin Band (d) NONAPPLICABILITY.—Notwithstanding Secretary of Interior directed Dr. W.M. Pottawatomis for any monies not paid. Wooster to conduct an enumeration of any other provision of law, the Indian Tribal Still the Pottawatomi Nation in Can- Judgment Funds Use or Distribution Act (25 Wisconsin Band Pottawatomi in both ada was excluded because of the juris- U.S.C. 1401 et seq.) does not apply to the pay- the United States and Canada. Dr. dictional limits of the ICCA. ment under subsection (a). Wooster documented 2007 Wisconsin Undaunted, the Pottawatomi Nation Pottawatomis: 457 in Wisconsin and in Canada came to the Senate and after By Mr. REID (for Mr. INOUYE): Michigan and 1550 in Canada. He also careful consideration, we finally gave S. 57. A bill to amend title 38, United concluded that the proportionate share them their long-awaited day in court States Code, to deem certain service in of annuities for the Pottawatomis in through the congressional reference the organized military forces of the Wisconsin and Michigan was $477,339 process. The court has now reported Government of the Commonwealth of and that the proportionate share of an- back to us that their claim is meri- the Philippines and the Philippine nuities due the Pottawatomi Nation in torious and that the payment that this Scouts to have been active service for Canada was $1,517,226. The Congress bill would make constitutes a ‘‘fair, purposes of benefits under programs thereafter enacted a series of appro- just and equitable’’ resolution to this administered by the Secretary of Vet- priation Acts from June 30, 1913 to May claim. erans Affairs; to the Committee on 29, 1928 to satisfy most of money owed The Pottawatomi Nation in Canada Veterans’ Affairs. to those Wisconsin Band Pottawatomis has sought justice for over 150 years. Mr. INOUYE. Mr. President, many of residing in the United States. However, They have done all that we asked in you know of my continued support and the Wisconsin Band Pottawatomis who order to establish their claim. Now it is advocacy on the importance of address- resided in Canada were never paid their time for us to finally live up to the ing the plight of Filipino World War II share of the tribal funds. promise our government made so many veterans. As an American, I believe the Since that time, the Pottawatomi years ago. It will not correct all the treatment of Filipino World War II vet- Nation in Canada has diligently and wrongs of the past, but it is a dem- erans is bleak and shameful. The Phil- continuously sought to enforce their onstration that this government is ippines became a United States posses- treaty rights, although until this con- willing to admit when it has left sion in 1898, when it was ceded by gressional reference, they had never unfulfilled an obligation and that the Spain, following the Spanish-American been provided their day in court. In United States is willing to do what we War. In 1934, the Congress enacted the 1910, the United States and Great Brit- can to see that justice—so long delayed Philippine Independence Act, Public ain entered into an agreement for the is not now denied. Law 73–127, which provided a 10-year
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S76 CONGRESSIONAL RECORD — SENATE January 4, 2007 time frame for the independence of the Throughout the years, I have spon- (b) APPLICABILITY.—No benefits shall ac- Philippines. Between 1934 and final sored several measures to rectify the crue to any person for any period before the independence in 1946, the United States lack of appreciation America has effective date of this Act by reason of the retained certain powers over the Phil- shown to these gallant men and women amendments made by this Act. ippines including the right to call mili- who stood in harm’s way with our By Mr. REID (for Mr. INOUYE): tary forces organized by the newly- American soldiers and fought the com- S. 58. A bill to amend the Internal formed Commonwealth government mon enemy during World War II. It is Revenue Code of 1986 to repeal the re- into the service of the United States time that we as a Nation recognize our duction in the deductible portion of ex- Armed Forces. long-standing history and friendship penses for business meals and enter- The Commonwealth Army of the with the Philippines. Of the 120,000 that tainment; to the Committee on Fi- Philippines was called to serve with served in the Commonwealth Army nance. the United States Armed Forces in the during World War II, there are approxi- Mr. INOUYE. Mr. President, I rise to Far East during World War II under mately 60,000 Filipino veterans cur- introduce legislation to repeal the cur- President Roosevelt’s July 26, 1941 rently residing in the United States rent 50 percent tax deduction for busi- military order. The Filipinos who and the Philippines. According to the ness meals and entertainment ex- served were entitled to full veterans’ Department of Veterans Affairs, the penses, and to restore the tax deduc- benefits by reason of their active serv- Filipino veteran population is expected tion to 80 percent gradually over a five- ice with our armed forces. Hundreds to decrease to approximately 20,000 or year period. Restoration of this deduc- were wounded in battle and many hun- roughly one-third of the current popu- tion is essential to the livelihood of dreds more died in battle. Shortly after lation by 2010. small and independent businesses as Japan’s surrender, the Congress en- Heroes should never be forgotten or well as food service, travel, tourism, acted the Armed Forces Voluntary Re- ignored; let us not turn our backs on and entertainment industries through- cruitment Act of 1945 for the purpose of those who sacrificed so much. Let us out the United States. These industries sending Filipino troops to occupy instead work to replay all of these are being economically harmed as a re- enemy lands, and to oversee military brave men for their sacrifices by pro- sult of the 50 percent tax deduction. installations at various overseas loca- viding them the veterans, benefits they tions. These troops were authorized to deserve. Small businesses rely heavily on the receive pay and allowances for services Mr. President, I ask unanimous con- business meal to conduct business, performed throughout the Western Pa- sent that the text of my bill be printed even more so than larger corporations. In releasing its study in May 2004, enti- cific. Although hostilities had ceased, in the RECORD. wartime service of these troops contin- There being no objection, the text of tled he Impact of Tax Expenditure ued as a matter of law until the end of the bill was ordered to be printed in Policies on Incorporated Small Busi- ness, the Small Business Administra- 1946. the RECORD, as follows: tion, SBA, Office of Advocacy, found Despite all of their sacrifices, on Feb- S. 57 ruary 18, 1946, the Congress passed the that small incorporated businesses ben- Be it enacted by the Senate and House of Rep- efit more than their larger counter- Rescission Act of 1946, now codified as resentatives of the United States of America in Section 107 of Title 38 of the United Congress assembled, parts from the meal and entertainment tax deduction. According to the study, States Code. The 1946 Act deemed that SECTION 1. SHORT TITLE. the service performed by these Filipino This Act may be cited as the ‘‘Filipino small firms that take advantage of the veterans would not be recognized as Veterans Equity Act of 2007’’. business-meal deduction reduce their ‘‘active service’’ for the purpose of any SEC. 2. CERTAIN SERVICE IN THE ORGANIZED effective tax rate by 0.75 percent on av- U.S. law conferring ‘‘rights, privileges, MILITARY FORCES OF THE PHIL- erage, while larger firms only receive a or benefits.’’ Accordingly, Section 107 IPPINES AND THE PHILIPPINE 0.11 percent reduction in the effective SCOUTS DEEMED TO BE ACTIVE tax rate. More importantly, the study denied Filipino veterans access to SERVICE. strongly suggests that full reinstate- health care, particularly for non-serv- (a) IN GENERAL.—Section 107 of title 38, ice-connected disabilities, and pension United States Code, is amended— ment of the business meal and enter- benefits. Section 107 also limited serv- (1) in subsection (a)— tainment deduction should be a major ice-connected disability and death (A) by striking ‘‘not’’ after ‘‘Army of the policy priority for small businesses. compensation for Filipino veterans to United States, shall’’; and Small companies often use res- (B) by striking ‘‘, except benefits under—’’ 50 percent of what their American taurants as onference space to conduct and all that follows in that subsection and meetings or close deals. Meals are their counterparts receive. inserting a period; On May 27, 1946, the Congress enacted (2) in subsection (b)— best and sometimes only marketing the Second Supplemental Surplus Ap- (A) by striking ‘‘not’’ after ‘‘Armed Forces tool. Certainly, an increase in the meal propriations Rescission Act, which du- Voluntary Recruitment Act of 1945 shall’’; and entertainment deduction would plicated the language that had elimi- and have a significant impact on a small nated Filipino veterans’ benefits under (B) by striking ‘‘except—’’ and all that fol- business bottom line. In addition, the the First Rescission Act. Thus, Fili- lows in that subsection and inserting a pe- effects on the overall economy would riod; and be significant. pino veterans who fought in the service (3) by striking subsections (c) and (d). Accompanying my statement is the of the United States during World War (b) CONFORMING AMENDMENTS.— II have been precluded from receiving (1) HEADING AMENDMENT.—The heading of National Restaurant Association most of the veterans’ benefits that had such section is amended to read as follows: (NRA), State-by-State chart reflecting been available to them before 1946, and ‘‘§ 107. Certain service deemed to be active the estimated economic impact of in- that are available to all other veterans service: service in organized military forces creasing the business meal deduct- of our armed forces regardless of race, of the Philippines and in the Philippine ibility from 50 to 80 percent. The NRA national origin, or citizenship status. Scouts’’. estimates that an increase to 80 per- The Filipino Veterans Equity Act, (2) CLERICAL AMENDMENT.—The item relat- cent would increase business meal sales which I introduce today, would restore ing to such section in the table of sections at by $8 billion and create a $26 billion in- the benefits due to these veterans by the beginning of chapter 1 of such title is crease to the overall economy. amended to read as follows: granting full recognition of service for I urge my colleagues to join me in co- the sacrifices they made during World ‘‘107. Certain service deemed to be active sponsoring this important legislation. I service: service in organized ask unanimous consent that the NRA War II. These benefits include veterans military forces of the Phil- health care, service-connected dis- ippines and in the Philippine State by State chart and the text of ability compensation, non-service con- Scouts.’’. my bill be printed in the RECORD. nected disability compensation, de- SEC. 3. EFFECTIVE DATE. There being no objection, the text of pendent indemnity compensation, (a) IN GENERAL.—The amendments made by the material was ordered to be printed death pension, and full burial benefits. this Act shall take effect on January 1, 2007. in the RECORD, as follows:
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Increase in Business Meal Spending 50% to 80% Total Economic Impact in the State Deductibility State ($ in millions) ($ in millions)
Alabama ...... 99 203 Alaska ...... 21 35 Arizona ...... 150 297 Arkansas ...... 57 114 California ...... 1,022 2,265 Colorado ...... 152 327 Connecticut ...... 95 177 Delaware ...... 25 44 District of Columbia ...... 41 54 Florida ...... 485 991 Georgia ...... 252 565 Hawaii ...... 56 108 Idaho ...... 29 57 Illinois ...... 335 785 Indiana ...... 156 320 Iowa ...... 59 126 Kansas ...... 63 129 Kentucky ...... 100 200 Louisiana ...... 95 185 Maine ...... 33 63 Maryland ...... 153 319 Massachusetts ...... 221 440 Michigan ...... 242 471 Minnesota ...... 139 314 Mississippi ...... 54 103 Missouri ...... 153 348 Montana ...... 22 40 Nebraska ...... 40 83 Nevada ...... 76 134 New Hampshire ...... 39 72 New Jersey ...... 225 467 New Mexico ...... 49 92 New York ...... 508 993 North Carolina ...... 224 469 North Dakota ...... 13 24 Ohio ...... 303 663 Oklahoma ...... 83 177 Oregon ...... 100 206 Pennsylvania ...... 287 638 Rhode Island ...... 34 62 South Carolina ...... 110 220 South Dakota ...... 18 36 Tennessee ...... 153 337 Texas ...... 604 1,411 Utah ...... 54 118 Vermont ...... 15 28 Virginia ...... 203 428 Washington ...... 166 337 West Virginia ...... 36 62 Wisconsin ...... 123 266 Wyoming ...... 13 21 Source: National Restaurant Association estimates, 2006.
S. 58 STATEMENT BY SENATOR DANIEL K. INOUYE maintain skilled staffing. Both the Wall RE: THE TAX TREATMENT OF CERTAIN HOSPITAL Street Journal and the New York Times Be it enacted by the Senate and House of Rep- SUPPORT ORGANIZATIONS AS QUALIFIED ORGA- noted the resulting closures of non-profit resentatives of the United States of America in NIZATIONS FOR PURPOSES OF DETERMINING hospitals due to this financial strain. Congress assembled, ACQUISITION INDEBTEDNESS The problem is particularly severe for teaching hospitals. As the Times article said, MR. PRESIDENT: The legislation I have in- SECTION 1. REPEAL OF REDUCTION IN BUSINESS nonprofit hospitals provide nearly all the MEALS AND ENTERTAINMENT TAX troduced will extend to qualified teaching postgraduate medical education in the DEDUCTION. hospital support organizations the existing United States. Post-graduate medical in- debt-financed safe harbor rule. Congress en- (a) IN GENERAL.—Section 274(n)(1) of the struction is by nature not profitable. In- acted that rule to support the public service Internal Revenue Code of 1986 (relating to struction in the treatment of mental dis- activities of tax-exempt schools, univer- orders and trauma is especially costly. only 50 percent of meal and entertainment sities, pension funds, and consortia of such expenses allowed as deduction) is amended Despite their financial problem the Na- institutions. Our teaching hospitals require tion’s nonprofit hospitals strive to deliver a by striking ‘‘50 percent’’ and inserting ‘‘the similar support. very high level of service. A study in the De- applicable percentage’’. A New York Times article on June 21, 2002, cember 2006 issue of Archives of Internal (b) APPLICABLE PERCENTAGE.—Section described the financial problems which non- Medicine had surveyed hospitals’ quality of 274(n) of the Internal Revenue Code of 1986 is profit hospitals are facing to modernize their care in four areas of treatment. facilities and meet the growing demand for amended by striking paragraph (3) and in- It found that nonprofit hospitals consist- charitable medical care. The problems have ently outperformed for-profit hospitals. It serting the following: grown more urgent since that article ap- also found that teaching hospitals had a ‘‘(3) APPLICABLE PERCENTAGE.—For pur- peared. higher level of performance in treatment and poses of paragraph (1), the term ‘applicable On November 22, 2006, the Wall Street diagnosis. It said that investment in tech- percentage’ means the percentage deter- Journal noted the rising numbers of unin- nology and staffing leads to better care. And mined under the following table: sured patients who fill hospital emergency it recommended that alternative payments rooms without paying their bills. In 2005, 46.6 and sources of payments be considered to fi- ‘‘For taxable years be- The applicable million Americans had no health insurance. ginning in calendar percentage is— nance these improvements. Compounding the growing demand for chari- The success and financial constraints of year— table care, new safety and infection-preven- non-profit teaching hospitals is evident in 2007 ...... 75 tion standards require hospitals to under- the work of the Queen’s Health Systems in 2008 or thereafter ...... 80.’’. take massive improvements. my State. This 146-year-old organization As a result, the article stated, for-profit maintains the largest, private, nonprofit (c) CONFORMING AMENDMENT.—The heading hospitals are moving from older areas to hospital in Hawaii. It serves as the primary for section 274(n) of the Internal Revenue affiuent locations where residents can afford clinical teaching facility for the University Code of 1986 is amended by striking ‘‘ONLY 50 to pay for treatment. These private hos- of Hawaii’s medical residency programs in PERCENT’’ and inserting ‘‘PORTION’’. pitals, the reporter pointed out, typically medicine, general surgery, orthopedic sur- have no mandate for community service. In gery, obstetrics-gynecology, pathology, and (d) EFFECTIVE DATE.—The amendments contrast, nonprofit hospitals must fulfill a psychiatry. It conducts educational and made by this section shall apply to taxable community service requirement. They must training programs for nurses and allied years beginning after December 31, 2006. stretch their resources to provide increased health personnel. It operates the only trau- charitable care, update their facilities, and ma unit as well as the chief behavioral
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S78 CONGRESSIONAL RECORD — SENATE January 4, 2007 health program in the State. It maintains sistants. It would ensure all nurse tified family nurse practitioner (as defined clinics throughout Hawaii, health programs practitioners, certified nurse midwives, by the Secretary) which the certified pedi- for Native Hawaiians, and a small hospital and physician assistants are recognized atric nurse practitioner or certified family on a rural, economically depressed island. Its as primary care case managers, and re- nurse practitioner’’ and inserting ‘‘services medical reference library is the largest in furnished by a nurse practitioner (as defined the State. Not the least, it annually provides quire Medicaid panels to include ad- in section 1861(aa)(5)(A)) or by a clinical millions of dollars in uncompensated health vanced practice nurses on their man- nurse specialist (as defined in section services. To help pay for these community aged care panels. 1861(aa)(5)(B)) which the nurse practitioner benefits, the Queen’s Health Systems, as Advanced practice nurses are reg- or clinical nurse specialist’’; other non-profit teaching hospitals, relies istered nurses who have attained addi- (3) by striking ‘‘the certified pediatric significantly on income from its endowment. tional expertise in the clinical manage- nurse practitioner or certified family nurse In the past, the Congress has allowed tax- ment of health conditions. Typically, practitioner’’ and inserting ‘‘the nurse prac- exempt schools, colleges, universities, and an advanced practice nurse holds a titioner or clinical nurse specialist’’; and pension funds to invest their endowment in master’s degree with didactic and clin- (4) by inserting before the semicolon at the real estate so as to better meet their finan- end the following: ‘‘and (B) services fur- cial needs. Under the tax code these organi- ical preparation beyond that of the reg- nished by a physician assistant (as defined in zations can incur debt for real estate invest- istered nurse. They are employed in section 1861(aa)(5)) with the supervision of a ments without triggering the tax on unre- clinics, hospitals, and private prac- physician which the physician assistant is lated business activities. tices. While there are many titles legally authorized to perform under State If the Queen’s Health Systems were part of given to these advanced practice law’’. a university, it could borrow without incur- nurses, such as pediatric nurse practi- (c) INCLUDING IN MIX OF SERVICE PROVIDERS ring an unrelated business income tax. Not tioners, family nurse practitioners, UNDER MEDICAID MANAGED CARE ORGANIZA- being part of a university, however, a teach- TIONS.—Section 1932(b)(5)(B) of such Act (42 ing hospital and its support organization run certified nurse midwives, certified reg- U.S.C. 1396u–2(b)(5)(B)) is amended by insert- into the tax code’s debt financing prohibi- istered nurse anesthetists, and clinical ing ‘‘, with such mix including nurse practi- tion. Nonprofit teaching hospitals have the nurse specialists, our current Medicaid tioners, clinical nurse specialists, physician same if not more pressing needs as univer- law has not kept up with the multiple assistants, certified nurse midwives, and cer- sities, school, and pension trusts. The same specialties and titles of these advanced tified registered nurse anesthetists (as de- safe harbor rule should be extended to teach- practitioners, nor has it recognized the fined in section 1861(bb)(2))’’ after ‘‘services’’. ing hospitals. critical role physician assistants play (d) EFFECTIVE DATE.—The amendments My bill would allow the support organiza- made by this section shall apply to items tions for qualified teaching hospitals to en- in the delivery of primary care. I have been a long-time advocate of and services furnished in calendar quarters gage in limited borrowing to enhance their beginning on or after 90 days after the date endowment income. The proposal for teach- advanced practice nurses and their of the enactment of this Act, without regard ing hospitals is actually more restricted ability to extend health care services to whether or not final regulations to carry than current law for schools, universities, to our most rural and underserved out such amendments have been promul- and pension trusts. Under safeguards devel- communities. They have improved ac- gated by such date. oped by the Joint Committee on Taxation cess to health care in Hawaii and staff, a support organization for a teaching throughout the United States by their By Mr. REID (for Mr. INOUYE): hospital can not buy and develop land on a willingness to practice in what some S. 60. A bill to amend the Public commercial basis. The proposal is tied di- providers might see as undesirable lo- Health Service Act to provide a means rectly to the organization endowment. The for continued improvement in emer- staff’s revenue estimate show that the provi- cations—the extremely rural, frontier, sion with its general application will help a or urban areas. This legislation ensures gency medical services for children; to number of teaching hospitals. they are recognized and reimbursed for the Committee on Health, Education, The U.S. Senate several times has acted fa- providing the necessary health care Labor, and Pensions. vorably on this proposal. The Senate adopted services patients need, and it gives Mr. INOUYE. Mr. President, today, a similar provision in H.R. 1836 the Economic those patients the choice of selecting along with my colleagues; Senators Growth and Tax Relief Act of 2001. The advanced practice nurses and physician AKAKA, KENNEDY, CONRAD AND DORGAN, House conferees on that bill, however, ob- I introduce ‘‘The Wakefield Act,’’ also jected that the provision was unrelated to assistants as their primary care pro- the bill’s focus on individual tax relief and viders. known as the ‘‘Emergency Medical the conference deleted the provision from I ask unanimous consent that the Services for Children Act of 2007.’’ the final legislation. Subsequently, the Fi- text of this bill be printed in the Since Senator HATCH and I worked to- nance Committee included the provision in RECORD. ward authorization of EMSC in 1984, H.R. 7 the CARE Act of 2002 and in S. 476 the There being no objection, the text of this program has become the impetus CARE Act of 2003 which the Senate passed. the bill was ordered to be printed in for improving children’s emergency In the last Congress S. 6 the Marriage, Op- the RECORD, as follows: services Nationwide. From specialized portunity, Relief, and Empowerment Act of training for emergency care providers 2005, which the Senate leadership introduced, S. 59 also included the proposal. Be it enacted by the Senate and House of Rep- to ensuring ambulances and emergency As the Senate Finance Committee’s recent resentatives of the United States of America in departments have state-of-the-art pedi- hearings show, substantial health needs Congress assembled, atric sized equipment, EMSC has would go unmet if not for our charitable hos- SECTION 1. SHORT TITLE. served as the vehicle for improving sur- pitals. It is time for the Congress to assist This Act may be cited as the ‘‘Medicaid vival of our smallest and most vulner- the Nation’s teaching hospitals in their char- Advanced Practice Nurses and Physician As- able citizens when accidents or medical itable, educational service. sistants Access Act of 2007’’. emergencies threatened their lives. Mr. President, I ask unanimous consent SEC. 2. IMPROVED ACCESS TO SERVICES OF AD- It remains no secret that children that the text of my bill be printed in the VANCED PRACTICE NURSES AND RECORD. PHYSICIAN ASSISTANTS UNDER present unique anatomic, physiologic, STATE MEDICAID PROGRAMS. emotional and developmental chal- By Mr. REID (for Mr. INOUYE): (a) PRIMARY CARE CASE MANAGEMENT.— lenges to our primarily adult-oriented S. 59. A bill to amend title XIX of the Section 1905(t)(2) of the Social Security Act emergency medical system. As has Social Security Act to improve access (42 U.S.C. 1396d(t)(2)) is amended by striking been said many times before, children subparagraph (B) and inserting the fol- to advanced practice nurses and physi- lowing: are not little adults. Evaluation and cian assistants under the Medicaid Pro- ‘‘(B) A nurse practitioner (as defined in treatment must take into account gram; to the Committee on Finance. section 1861(aa)(5)(A)). their special needs, or we risk letting Mr. INOUYE. Mr. President, today I ‘‘(C) A certified nurse-midwife (as defined them fall through the gap between introduce the ‘‘Medicaid Advanced in section 1861(gg)). adult and pediatric care. The EMSC Practice Nurse and Physician Assist- ‘‘(D) A physician assistant (as defined in has bridged that gap while fostering ants Access Act of 2007.’’ This legisla- section 1861(aa)(5)(A)).’’. collaborative relationships among tion would change Federal law to ex- (b) FEE-FOR-SERVICE PROGRAM.—Section emergency medical technicians, para- 1905(a)(21) of such Act (42 U.S.C. 1396d(a)(21)) pand fee-for-service Medicaid to in- is amended— medics, nurses, emergency physicians, clude direct payment for services pro- (1) by inserting ‘‘(A)’’ after ‘‘(21)’’; surgeons, and pediatricians. vided by all nurse practitioners, clin- (2) by striking ‘‘services furnished by a cer- The Institute of Medicine’s recently ical nurse specialists, and physician as- tified pediatric nurse practitioner or cer- released study on Emergency Care for
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Only 6 percent of all emer- psychological needs in emergency situations, emergency medical care children receive, gency departments have the essential and emergency systems must be equipped through the promotion of projects focused on with the resources needed to care for this es- the expansion and improvement of such serv- pediatric supplies and equipment nec- pecially vulnerable population. ices, including those in rural areas and those essary to manage pediatric emer- (7) The Emergency Medical Services for for children with special healthcare needs. In gencies. Many of the providers of emer- Children (EMSC) Program under section 1910 carrying out this purpose, the Secretary gency care have received fragmented of the Public Health Service Act (42 U.S.C. shall support emergency medical services for and little training in the skills nec- 300w–9) is the only Federal program that fo- children by supporting projects that— essary to resuscitate this specialized cuses specifically on improving the pediatric ‘‘(A) develop and present scientific evi- population. Even our disaster prepared- components of emergency medical care. dence; ness plans have not fully addressed the (8) The EMSC Program promotes the na- ‘‘(B) promote existing and innovative tech- tionwide exchange of pediatric emergency nologies appropriate for the care of children: unique needs posed by children injured medical care knowledge and collaboration by or in such events. those with an interest in such care and is de- ‘‘(C) provide information on health out- EMSC remains the only federal pro- pended upon by Federal agencies and na- comes and effectiveness and cost-effective- gram dedicated to examining the best tional organizations to ensure that this ex- ness. ways to deliver various forms of care to change of knowledge and collaboration takes ‘‘(2) The program established under this children in emergency settings. Re-au- place. section shall— thorization of EMSC will ensure that (9) The EMSC Program also supports a ‘‘(A) strive to enhance the pediatric capa- children’s needs will be given the due multi-institutional network for research in bility of emergency medical service systems pediatric emergency medicine, thus allowing originally designed primarily for adults; and attention they deserve and that coordi- providers to rely on evidence rather than an- ‘‘(B) in order to avoid duplication and en- nation and expansion of services for ecdotal experience when treating ill or in- sure that Federal resources are used effi- victims of life-threatening illnesses jured children. ciently and effectively, be coordinated with and injuries will be available through- (10) States are better equipped to handle all research, evaluations, and awards related out the United States. occurrences of critical or traumatic injury to emergency medical services for children I look forward to re-authorization of due to advances fostered by the EMSC pro- undertaken and supported by the Federal this important legislation and the con- gram, with— Government.’’. tinued advances in our emergency (A) forty-eight States identifying and re- quiring all EMSC-recommended pediatric By Mr. REID (for Mr. INOUYE): healthcare delivery system. S. 61. A bill to amend chapter 81 of I ask unanimous consent that the equipment on Advanced Life Support ambu- lances; title 5, United States Code, to author- text of this bill be printed in the (B) forty-four States employing pediatric ize the use of clinical social workers to RECORD. protocols for medical direction; conduct evaluations to determine There being no objection, the text of (C) forty-one States utilizing pediatric work-related emotional and mental ill- the bill was ordered to be printed in guidelines for acute care facility identifica- nesses; to the Committee on Homeland the RECORD, as follows: tion, ensuring that children get to the right hospital in a timely manner; and Security and Governmental Affairs. S. 60 Mr. INOUYE. Mr. President, today I Be it enacted by the Senate and House of Rep- (D) thirty-six of the forty-two States hav- ing statewide computerized data collection introduce the Clinical Social Workers’ resentatives of the United States of America in Recognition Act to correct a con- Congress assembled, systems now producing reports on pediatric emergency medical services using statewide tinuing problem in the Federal Em- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Wakefield data. ployees Compensation Act. This bill Act’’. (11) Systems of care must be continually will also provide clinical social work- maintained, updated, and improved to ensure SEC. 2. FINDINGS AND PURPOSE. ers the recognition they deserve as that research is translated into practice, (a) FINDINGS.—Congress makes the fol- independent providers of quality men- best practices are adopted, training is cur- lowing findings: rent, and standards and protocols are appro- tal health care services. (1) There are 31,000,000 child and adolescent priate. Clinical social workers are author- visits to the nation’s emergency depart- (12) Now celebrating its twentieth anniver- ized to independently diagnose and ments every year, with children under the sary, the EMSC Program has proven effec- treat mental illnesses through public age of 3 years accounting for most of these tive over two decades in driving key im- visits. and private health insurance plans provements in emergency medical services (2) Ninety percent of children requiring across the Nation. However, Title V of to children, and should continue its mission emergency care are seen in general hos- the United States Code, does not per- to reduce child and youth morbidity and pitals, not in free-standing children’s hos- mit the use of mental health evalua- mortality by supporting improvements in pitals, with one-quarter to one-third of the tions conducted by clinical social the quality of all emergency medical and patients being children in the typical gen- emergency surgical care children receive. workers for use as evidence in deter- eral hospital emergency department. (b) PURPOSE.—It is the purpose of this Act mining workers’ compensation claims (3) Severe asthma and respiratory distress to reduce child and youth morbidity and brought by federal employees. The bill are the most common emergencies for pedi- mortality by supporting improvements in atric patients, representing nearly one-third I am introducing corrects this problem. the quality of all emergency medical care It is a sad irony that federal employ- of all hospitalizations among children under children receive. the age of 15 years, while seizures, shock, ees may select a clinical social worker SEC. 3. REAUTHORIZATION OF EMERGENCY MED- through their health plans to provide and airway obstruction are other common ICAL SERVICES FOR CHILDREN PRO- pediatric emergencies, followed by cardiac GRAM. mental health services, but may not go arrest and severe trauma. Section 1910 of the Public Health Service to this same professional for workers’ (4) Up to 20 percent of children needing Act (42 U.S.C. 300w–9) is amended— compensation evaluations. The failure emergency care have underlying medical (1) in subsection (a), by striking ‘‘3-year to recognize the validity of evaluations conditions such as asthma, diabetes, sickle- period (with an optional 4th year’’ and in- provided by clinical social workers un- cell disease, low birthweight, and broncho- serting ‘‘4-year period (with an optional 5th necessarily limits federal employees’ pulmonary dysplasia. year’’; (5) Significant gaps remain in emergency (2) in subsection (d)— selection of a provider to conduct the medical care delivered to children, with 43 (A) by striking ‘‘and such sums’’ and in- workers’ compensation mental health percent of hospitals lacking cervical collars serting ‘‘such sums’’; and evaluations. Lack of this recognition (used to stabilize spinal injuries) for infants, (B) by inserting before the period the fol- may well impose an undue burden on less than half (47 percent) of hospitals with lowing: ‘‘$23,000,000 for fiscal year 2008, and Federal employees where clinical so- no pediatric intensive care unit having a such sums as may be necessary for each of cial workers are the only available pro- written transfer agreement with a hospital fiscal years 2009 through 2011’’; viders of mental health care. that does have such a unit, one-third of (3) by redesignating subsections (b) I ask unanimous consent that the States lacking a physician available on-call through (d) as subsections (c) through (e), re- text of this bill be printed in the 24 hours a day to provide medical direction spectively; and to emergency medical technicians or other (4) by inserting after subsection (a) the fol- RECORD. non-physician emergency care providers, and lowing: There being no objection, the text of even those States with such availability ‘‘(b)(1) The purpose of the program estab- the bill was ordered to be printed in lacking full State coverage. lished under this section is to reduce child the RECORD, as follows:
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S80 CONGRESSIONAL RECORD — SENATE January 4, 2007 S. 61 Despite their financial problem the teaching hospital can not buy and de- Be it enacted by the Senate and House of Rep- nation’s nonprofit hospitals strive to velop land on a commercial basis. The resentatives of the United States of America in deliver a very high level of service. A proposal is tied directly to the organi- Congress assembled, study in the December 2006 issue of Ar- zation endowment. The staff’s revenue SECTION 1. SHORT TITLE. chives of Internal Medicine had sur- estimate show that the provision with This Act may be cited as the ‘‘Clinical So- veyed hospitals’ qualify of care in four cial Workers’ Recognition Act of 2007’’. its general application will help a num- areas of treatment. It found that non- SEC. 2. EXAMINATIONS BY CLINICAL SOCIAL ber a teaching hospitals. WORKERS FOR FEDERAL WORKER profit hospitals consistently out- The U.S. Senate several times has COMPENSATION CLAIMS. performed for-profit hospitals. It also acted favorably on this proposal. The Section 8101 of title 5, United States Code, found that teaching hospitals had a Senate adopted a similar provision in is amended— higher level of performance in treat- H.R. 1836 the Economic Growth and (1) in paragraph (2), by striking ‘‘and osteo- ment and diagnosis. It said that invest- Tax Relief Act of 2001. The House con- pathic practitioners’’ and inserting ‘‘osteo- pathic practitioners, and clinical social ment in technology and staffing leads ferees on that bill, however, objected workers’’; and to better care. And it recommended that the provision was unrelated to the (2) in paragraph (3), by striking ‘‘osteo- that alternative payments and sources bill’s focus on individual tax relief and pathic practitioners’’ and inserting ‘‘osteo- of payments be considered to finance the conference deleted the provision pathic practitioners, clinical social work- these improvements. from the final legislation. Subse- ers,’’. The success and financial constraints quently, the Finance Committee in- of nonprofit teaching hospitals is evi- cluded the provision in H.R. 7 the By Mr. REID (for Mr. INOUYE): dent in the work of the Queen’s Health CARE Act of 2002 and in S. 476 the S. 62. A bill to treat certain hospital Systems in my State. This 146-year-old CARE Act of 2003 which the Senate support organizations as qualified organization maintains the largest, organizaitons for purposes of deter- passed. In the last Congress S. 6 the private, nonprofit hospital in Hawaii. mining acquisition indebtedness; to the Marriage, Opportunity, Relief, and Em- It serves as the primary clinical teach- Committee on Finance. powerment Act of 2005, which the Sen- Mr. INOUYE. Mr. President, the leg- ing facility for the University of Ha- ate leadership introduced, also in- islation I have introduced will extend waii’s medical residency programs in cluded the proposal. to qualified teaching hospital support medicine, general surgery, orthopedic As the Senate Finance Committee’s organizations the existing debt-fi- surgery, obstetrics-gynecology, pathol- recent hearings show, substantial nanced safe harbor rule. Congress en- ogy, and psychiatry. It conducts edu- health needs would go unmet if not for acted that rule to support the public cational and training programs for our charitable hospitals. It is time for service activities of tax-exempt nurses and allied health personnel. It the Congress to assist the nation’s schools, universities, pension funds, operates the only trauma unit as well teaching hospitals in their charitable, and consortia of such institutions. Our as the chief behavioral health program educational service. teaching hospitals require similar sup- in the State. It maintains clinics I ask unanimous consent that the port. throughout Hawaii, health programs text of my bill be printed in the A New York Times article on June for Native Hawaiians, and a small hos- RECORD. 21, 2002, described the financial prob- pital on a rural, economically de- There being no objection, the text of lems which nonprofit hospitals are fac- pressed island. Its medical reference li- the bill was ordered to be printed in ing to modernize their facilities and brary is the largest in the State. Not the RECORD, as follows: meet the growing demand for chari- the least, it annually provides millions S. 62 table medical care. The problems have of dollars in uncompensated health Be it enacted by the Senate and House of Rep- grown more urgent since that article services. To help pay for these commu- resentatives of the United States of America in Congress assembled, appeared. nity benefits, the Queen’s Health Sys- tems, as other nonprofit teaching hos- SECTION 1. TREATMENT OF CERTAIN HOSPITAL On November 22, 2006, the Wall Street SUPPORT ORGANIZATIONS AS Journal noted the rising numbers of pitals, relies significantly on income QUALIFIED ORGANIZATIONS FOR uninsured patients who fill hospital from its endowment. PURPOSES OF DETERMINING ACQUI- emergency rooms without paying their In the past, the Congress has allowed SITION INDEBTEDNESS. bills. In 2005, 46.6 million Americans tax-exempt schools, colleges, univer- (a) IN GENERAL.—Subparagraph (C) of sec- sities, and pension funds to invest their tion 514(c)(9) of the Internal Revenue Code of had no health insurance. Compounding 1986 (relating to real property acquired by a the growing demand for charitable endowment in real estate so as to bet- qualified organization) is amended by strik- care, new safety and infection-preven- ter meet their financial needs. Under ing ‘‘or’’ at the end of clause (ii), by striking tion standards require hospitals to un- the tax code these organizations can the period at the end of clause (iii) and in- dertake massive improvements. incur debt for real estate investments serting ‘‘; or’’, and by adding at the end the As a result, the article stated, for- without triggering the tax on unre- following new clause: profit hospitals are moving from older lated business activities. ‘‘(iv) a qualified hospital support organiza- areas to affluent locations where resi- If the Queen’s Health Systems were tion (as defined in subparagraph (I)).’’. dents can afford to pay for treatment. part of a university, it could borrow (b) QUALIFIED HOSPITAL SUPPORT ORGANI- ZATIONS.—Paragraph (9) of section 514(c) of These private hospitals, the reporter without incurring an unrelated busi- the Internal Revenue Code of 1986 is amended pointed out, typically have no mandate ness income tax. Not being part of a by adding at the end the following new sub- for community service. In contrast, university, however, a teaching hos- paragraph: nonprofit hospitals must fulfill a com- pital and its support organization run ‘‘(I) QUALIFIED HOSPITAL SUPPORT ORGANI- munity service requirement. They into the tax code’s debt financing pro- ZATIONS.—For purposes of subparagraph must stretch their resources to provide hibition. Nonprofit teaching hospitals (C)(iv), the term ‘qualified hospital support increased charitable care, update their have the same if not more pressing organization’ means, with respect to any eli- facilities, and maintain skilled staff- needs as universities, school, and pen- gible indebtedness (including any qualified refinancing of such eligible indebtedness), a ing. Both the Wall Street Journal and sion trusts. The same safe harbor rule support organization (as defined in section the New York Times noted the result- should be extended to teaching hos- 509(a)(3)) which supports a hospital described ing closures of nonprofit hospitals due pitals. in section 119(d)(4)(B) and with respect to to this financial strain. My bill would allow the support orga- which— The problem is particularly severe nizations for qualified teaching hos- ‘‘(i) more than half of its assets (by value) for teaching hospitals. As the Times pitals to engage in limited borrowing at any time since its organization— article said, nonprofit hospitals provide to enhance their endowment income. ‘‘(I) were acquired, directly or indirectly, nearly all the postgraduate medical The proposal for teaching hospitals is by testamentary gift or devise, and education in the United States. Post- actually more restricted than current ‘‘(II) consisted of real property, and ‘‘(ii) the fair market value of the organiza- graduate medical instruction is by na- law for schools, universities, and pen- tion’s real estate acquired, directly or indi- ture not profitable. Instruction in the sion trusts. Under safeguards developed rectly, by gift or devise, exceeded 25 percent treatment of mental disorders and by the Joint Committee on Taxation of the fair market value of all investment as- trauma is especially costly. staff, a support organization for a sets held by the organization immediately
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S81 prior to the time that the eligible indebted- SEC. 2. REMOVAL OF RESTRICTION THAT A CLIN- There being no objection, the text of ness was incurred. ICAL PSYCHOLOGIST OR CLINICAL the bill was ordered to be printed in SOCIAL WORKER PROVIDE SERV- For purposes of this subparagraph, the term the RECORD, as follows: ‘eligible indebtedness’ means indebtedness ICES IN A COMPREHENSIVE OUT- PATIENT REHABILITATION FACILITY S. 64 secured by real property acquired by the or- TO A PATIENT ONLY UNDER THE Be it enacted by the Senate and House of Rep- ganization, directly or indirectly, by gift or CARE OF A PHYSICIAN. devise, the proceeds of which are used exclu- resentatives of the United States of America in (a) IN GENERAL.—Section 1861(cc)(2)(E) of Congress assembled, sively to acquire any leasehold interest in the Social Security Act (42 U.S.C. SECTION 1. SHORT TITLE. such real property or for improvements on, 1395x(cc)(2)(E)) is amended by striking ‘‘phy- or repairs to, such real property. A deter- This Act may be cited as the ‘‘Strengthen sician’’ and inserting ‘‘physician, except that Social Work Training Act of 2007’’. mination under clauses (i) and (ii) of this a patient receiving qualified psychologist SEC. 2. SOCIAL WORK STUDENTS. subparagraph shall be made each time such services (as defined in subsection (ii)) may be (a) HEALTH PROFESSIONS SCHOOLS.—Section an eligible indebtedness (or the qualified re- under the care of a clinical psychologist with financing of such an eligible indebtedness) is 736(g)(1)(A) of the Public Health Service Act respect to such services to the extent per- (42 U.S.C. 293(g)(1)(A)) is amended by striking incurred. For purposes of this subparagraph, mitted under State law and except that a pa- a refinancing of such an eligible indebted- ‘‘graduate program in behavioral or mental tient receiving clinical social worker serv- health’’ and inserting ‘‘graduate program in ness shall be considered qualified if such refi- ices (as defined in subsection (hh)(2)) may be nancing does not exceed the amount of the behavioral or mental health, including a under the care of a clinical social worker school offering graduate programs in clinical refinanced eligible indebtedness immediately with respect to such services to the extent before the refinancing.’’. social work, or programs in social work’’. permitted under State law’’. (b) SCHOLARSHIPS.—Section 737(d)(1)(A) of (c) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendment the Public Health Service Act (42 U.S.C. made by this section shall apply to indebted- made by subsection (a) shall apply to serv- 293a(d)(1)(A)) is amended by striking ‘‘men- ness incurred on or after the date of the en- ices provided on or after January 1, 2008. tal health practice’’ and inserting ‘‘mental actment of this Act. health practice (including graduate pro- By Mr. REID (for Mr. INOUYE): grams in clinical psychology, graduate pro- By Mr. REID (for Mr. INOUYE): S. 64. A bill to amend title VII of the grams in clinical social work, or programs in S. 63. A bill to amend title XVIII of Public Health Service Act to ensure social work)’’. the Social Security Act to remove the that social work students or social (c) FACULTY POSITIONS.—Section 738(a)(3) work schools are eligible for support of the Public Health Service Act (42 U.S.C. restriction that a clinical psychologist 293b(a)(3)) is amended by striking ‘‘offering or clinical social worker provide serv- under certain programs to assist indi- graduate programs in behavioral and mental ices in a comprehensive outpatient re- viduals in pursuing health careers and health’’ and inserting ‘‘offering graduate habilitation facility to a patient only programs of grants for training programs in behavioral and mental health, under the care of a physician; to the projects in geriatrics, and to establish including graduate programs in clinical psy- Committee on Finance. a social work training program to the chology, graduate programs in clinical social work, or programs in social work’’. Mr. INOUYE. Mr. President, today I Committee on Health, Education, Labor, and Pensions. SEC. 3. GERIATRICS TRAINING PROJECTS. introduce legislation to authorize the Section 753(b)(1) of the Public Health Serv- autonomous functioning of clinical Mr. INOUYE. Mr. President, on be- ice Act (42 U.S.C. 294c(b)(1)) is amended by psychologists and clinical social work- half of our Nation’s clinical social inserting ‘‘schools offering degrees in social ers within the Medicare comprehensive workers, I am introducing legislation work,’’ after ‘‘teaching hospitals,’’. outpatient rehabilitation facility pro- to amend the Public Health Service SEC. 4. SOCIAL WORK TRAINING PROGRAM. gram. Act. This legislation would: 1. establish Subpart 2 of part E of title VII of the Pub- a new social work training program, 2. lic Health Service Act (42 U.S.C. 295 et seq.) In my judgment, it is unfortunate is amended— that Medicare requires clinical super- ensure that social work students are eligible for support under the Health (1) by redesignating section 770 as section vision of the services provided by cer- 770A; tain health professionals and does not Careers Opportunity Program, 3. pro- (2) by inserting after section 769, the fol- allow them to function to the full ex- vide social work schools with eligi- lowing: tent of their state practice licenses. bility for support under the Minority ‘‘SEC. 770. SOCIAL WORK TRAINING PROGRAM. Those who need the services of out- Centers of Excellence programs, 4. per- ‘‘(a) TRAINING GENERALLY.—The Secretary patient rehabilitation facilities should mit schools offering degrees in social may make grants to, or enter into contracts with, any public or nonprofit private hos- have access to a wide range of social work to obtain grants for training projects in geriatrics, and 5. ensure pital, any school offering programs in social and behavioral science expertise. Clin- work, or to or with a public or private non- ical psychologists and clinical social that social work is recognized as a pro- fession under the Public Health Main- profit entity that the Secretary has deter- workers are recognized as independent mined is capable of carrying out such grant providers of mental health care serv- tenance Organization Act. or contract— ices under the Federal Employee Despite the impressive range of serv- ‘‘(1) to plan, develop, and operate, or par- Health Benefits Program, the ices social workers provide to people of ticipate in, an approved social work training TRICARE Military Health Program of this nation, few federal programs exist program (including an approved residency or internship program) for students, interns, the Uniformed Services, the Medicare to provide opportunities for social work training in health and mental residents, or practicing physicians; (Part B) Program, and numerous pri- ‘‘(2) to provide financial assistance (in the vate insurance plans. This legislation health care. Social workers have long provided form of traineeships and fellowships) to stu- will ensure that these qualified profes- dents, interns, residents, practicing physi- sionals achieve the same recognition quality mental health services to our cians, or other individuals, who— under the Medicare comprehensive out- citizens and continue to be at the fore- ‘‘(A) are in need of such assistance; patient rehabilitation facility pro- front of establishing innovative pro- ‘‘(B) are participants in any such program; gram. grams to serve our disadvantaged popu- and lations. I believe it is important to en- ‘‘(C) plan to specialize or work in the prac- I ask unanimous consent that the sure that the special expertise social tice of social work; text of this bill be printed in the workers possess continues to be avail- ‘‘(3) to plan, develop, and operate a pro- RECORD. able to the citizens of this nation. This gram for the training of individuals who plan to teach in social work training programs; There being no objection, the text of bill, by providing financial assistance the bill was ordered to be printed in and to schools of social work and social ‘‘(4) to provide financial assistance (in the the RECORD, as follows: work students, acknowledges the long form of traineeships and fellowships) to indi- S. 63 history and critical importance of the viduals who are participants in any such pro- Be it enacted by the Senate and House of Rep- services provided by social work pro- gram and who plan to teach in a social work resentatives of the United States of America in fessionals. I believe it is time to pro- training program. Congress assembled, vide them with the recognition they ‘‘(b) ACADEMIC ADMINISTRATIVE UNITS.— ‘‘(1) IN GENERAL.—The Secretary may make SECTION 1. SHORT TITLE. deserve. grants to or enter into contracts with This Act may be cited as the ‘‘Autonomy I ask unanimous consent that the schools offering programs in social work to for Psychologists and Social Workers Act of text of this bill be printed in the meet the costs of projects to establish, main- 2007’’. RECORD. tain, or improve academic administrative
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In the 109th Congress, making awards of grants and contracts under paragraph (1), the Secretary shall give it has never been more urgent. the Senate Commerce Committee re- preference to any qualified applicant for We cannot continue to allow our ported the modified bill with the ICAO such an award that agrees to expend the FAA to force the retirement of Amer- standard favorably and the Senate award for the purpose of— ica’s most experienced commercial pi- Transportation, Treasury, the Judici- ‘‘(A) establishing an academic administra- lots at the ripe young age of 60 while ary, Housing and Urban Development, tive unit for programs in social work; or they say to their counterparts flying and Related Agencies Appropriations ‘‘(B) substantially expanding the programs for foreign flags ‘‘Welcome to our air- Committee included a version of S. 65 of such a unit. space.’’ in its bill. The FAA recently convened ‘‘(c) DURATION OF AWARD.—The period dur- ing which payments are made to an entity Many of these great American pilots an Aviation Rulemaking Committee to from an award of a grant or contract under are veterans who have served our coun- study the issue of forced retirement. subsection (a) may not exceed 5 years. The try and the flying public for decades. We have yet to see that report but it is provision of such payments shall be subject Many of them have suffered wage con- our understanding the report was per- to annual approval by the Secretary and sub- cessions and lost their pensions as the suasive enough that the Administrator ject to the availability of appropriations for airline industry has faced hard times is considering a change in the rule now. the fiscal year involved to make the pay- and bankruptcies. But these American ments. We are encouraged by that, but we ‘‘(d) FUNDING.— pilots are not asking for a handout. also know that legislation will be need- ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— They are just saying to the FAA; ed to direct the FAA to pursue these There are authorized to be appropriated to ‘‘Give me the same right you granted changes in a timely manner and in a carry out this section $10,000,000 for each of our foreign counterparts with the way that will protect companies and the fiscal years 2008 through 2010. stroke of a pen this November. Let us their unions from new lawsuits that ‘‘(2) ALLOCATION.—Of the amounts appro- continue to fly, continue to work, con- might arise as a result of the changes. priated under paragraph (1) for a fiscal year, tinue to contribute to the tax rolls for the Secretary shall make available not less Our bill accomplishes that. Whether than 20 percent for awards of grants and con- an additional 5 years.’’ We join them the FAA decides to change the rule on tracts under subsection (b).’’; and and echo their sentiments to FAA Ad- its own or not, Congress needs to do (3) in section 770A (as redesignated by ministrator Blakey. As far as we are the right thing and pass S. 65 to fully paragraph (1)) by inserting ‘‘other than sec- concerned, that is the least we can do ensure that our own American pilots tion 770,’’ after ‘‘carrying out this subpart,’’. for America’s pilots, who are consid- have the same rights and privileges to SEC. 5. CLINICAL SOCIAL WORKER SERVICES. ered the best and the safest pilots in work at least until age 65 that were ac- Section 1302 of the Public Health Service the world. corded to foreign pilots over the age of Act (42 U.S.C. 300e–1) is amended— Most nations have abolished manda- 60 this fall. (1) in paragraphs (1) and (2), by inserting tory age 60 retirement rules. Many ‘‘clinical social worker,’’ after ‘‘psycholo- I urge the rest of my colleagues to gist,’’ each place the term appears; countries, including Canada, Australia, support the Freedom to Fly Act and (2) in paragraph (4)(A), by striking ‘‘and and New Zealand have no upper age help us keep America’s most experi- psychologists’’ and inserting ‘‘psychologists, limit at all and consider an age-based enced pilots in the air. and clinical social workers’’; and retirement rule discriminatory. Sadly (3) in paragraph (5), by inserting ‘‘clinical though, the United States was one of By Mr. REID (for Mr. INOUYE): social work,’’ after ‘‘psychology,’’. only four member countries of ICAO, S. 66. A bill to require the Secretary along with Pakistan, Colombia, and of the Army to determine the validity By Mr. INHOFE (for himself, Mr. France, to dissent to the ICAO decision of the claims of certain Filipinos that STEVENS, Mr. LIEBERMAN, and to increase the retirement age to 65 they performed military service on be- Mr. FEINGOLD): last year. half of the United States during World S. 65. A bill to modify the age-60 The Age 60 Rule has no basis in War II; to the Committee on Veterans’ standard for certain pilots and for science or safety and never has. The Affairs. other purposes; to the Committee on Aerospace Medical Association says Mr. INOUYE. Mr. President, I am re- Commerce, Science, and Transpor- that ‘‘There is insufficient medical evi- tation. introducing legislation today that Mr. INHOFE. Mr. President, I rise dence to support restriction of pilot would direct the Secretary of the Army today, as an experienced pilot over age certification based upon age alone.’’ to determine whether certain nationals 60, along with my colleagues, Senator Similarly, the American Association of of the Philippine Islands performed STEVENS, Senator LIEBERMAN and Sen- Retired Persons, Equal Employment military service on behalf of the ator FEINGOLD, to once again introduce Opportunity Commission, the Seniors United States during World War II. a bill that will help end age discrimina- Coalition, and the National Institute of Our Filipino veterans fought side by tion among commercial airline pilots. Aging of NIH all agree that the Age 60 side with Americans and sacrificed Our bill will abolish the Federal Avia- Rule is simply age discrimination and their lives on behalf of the United tion Administration’s (FAA) arcane should end. My colleagues and I agree. States. This legislation would confirm Age 60 Rule a regulation that has un- When the rule was implemented in the validity of their claims and further justly forced the retirement of airline 1960 life expectancies were much lower allow qualified individuals the oppor- pilots the day they turn 60 for more at just over 69 and a half years. Today tunity to apply for military and vet- than 45 years. they are much higher at more than 77 erans benefits that, I believe, they are Our bipartisan bill called the ‘‘Free- years. The FAA’s own data shows that entitled to. As this population becomes dom to Fly Act’’ would replace the pilots over age 60 are as safe as, and in older, it is important for our Nation to dated FAA rule with a new inter- some cases safer than, their younger extend its firm commitment to the Fil- national standard adopted this past counterparts. In the process of adopt- ipino veterans and their families who November by the International Civil ing the new international standard, participated in making us the great Aviation Organization (ICAO) which al- ICAO studied more than 3,000 over-60 Nation that we are today. lows pilots to fly to 65 as long as the pilots from 64 nations, totaling at least I ask unanimous consent that the copilot is under 60. 15,000 pilot-years of flying experience text of my bill be printed in the Since the adoption of the ICAO and found the risk of medical incapaci- RECORD. standard in November of this year, for- tation ‘‘a risk so low that it can be There being no objection, the text of eign pilots have been flying and work- safely disregarded.’’ the bill was ordered to be printed in ing in U.S. Airspace under this new Furthermore, a recent economic the RECORD, as follows: standard up to 65 years of age a privi- study shows that allowing pilots to fly S. 66 lege the FAA has not been willing to to age 65 would save almost $1 billion Be it enacted by the Senate and House of Rep- grant to American pilots flying the per year in added Social Security, resentatives of the United States of America in same aircraft in the same airspace. Medicare, and tax payments and de- Congress assembled,
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A healthy manufac- Army shall determine whether such person continental United States, and on turing sector is key to better jobs, ris- performed any military service in the Phil- scheduled overseas flights operated by ing productivity and higher standards ippine Islands in aid of the Armed Forces of the Military Airlift Command. My bill of living in the United States. Every the United States during World War II which would provide the same benefits for individual and industry depends on qualifies such person to receive any mili- veterans with 100 percent service-con- manufactured goods. In addition, inno- tary, veterans’, or other benefits under the nected disabilities. vations and productivity gains in the laws of the United States. We owe these heroic men and women manufacturing sector provide benefits (b) INFORMATION TO BE CONSIDERED.—In making a determination for the purpose of who have given so much to our country far beyond the products themselves. subsection (a), the Secretary shall consider a debt of gratitude. Of course, we can Small- and medium-sized manufac- all information and evidence (relating to never repay them for the sacrifices turers face unprecedented challenges in service referred to in subsection (a)) that is they have made on behalf of our Na- today’s global economy which threaten available to the Secretary, including infor- tion, but we can surely try to make the existence of manufacturing jobs in mation and evidence submitted by the appli- their lives more pleasant and fulfilling. the United States. If it isn’t China cant, if any. One way in which we can help is to ex- pirating our technologies and prom- SEC. 2. CERTIFICATE OF SERVICE. tend military travel privileges to these ising a low-wage workforce, it is soar- (a) ISSUANCE OF CERTIFICATE OF SERVICE.— distinguished American veterans. I ing heath care and energy costs that The Secretary of the Army shall issue a cer- have received numerous letters from cut into profits. Manufacturers today tificate of service to each person determined by the Secretary to have performed military all over the country attesting to the are seeking ways to level the playing service described in section 1(a). importance attached to this issue by field so they can compete globally. (b) EFFECT OF CERTIFICATE OF SERVICE.—A veterans. Therefore, I ask that my col- One way to level the playing field— certificate of service issued to any person leagues show their concern and join me and increase the competitiveness of under subsection (a) shall, for the purpose of in saying ‘‘thank you’’ by supporting manufacturers—is through the MEP any law of the United States, conclusively this legislation. program. MEP streamlines operations, establish the period, nature, and character of I ask unanimous consent that the integrates new technologies, shortens the military service described in the certifi- text of my bill be printed in the production times and lowers costs, cate. RECORD. leading to improved efficiency by offer- SEC. 3. APPLICATIONS BY SURVIVORS. There being no objection, the text of ing resources to manufacturers, includ- An application submitted by a surviving the bill was ordered to be printed in ing organized workshops and con- spouse, child, or parent of a deceased person described in section 1(a) shall be treated as the RECORD, as follows: sulting projects. In Wisconsin, three of an application submitted by such person. S. 67 our largest corporations—John Deere, SEC. 4. LIMITATION PERIOD. Be it enacted by the Senate and House of Rep- Harley-Davidson, and Oshkosh Truck— The Secretary of the Army may not con- resentatives of the United States of America in are working with Wisconsin MEP cen- sider for the purpose of this Act any applica- Congress assembled, ters to develop domestic supply chains. tion received by the Secretary more than SECTION 1. TRAVEL ON MILITARY AIRCRAFT OF I am proud to say that these companies two years after the date of the enactment of CERTAIN DISABLED FORMER MEM- found it more profitable to work with this Act. BERS OF THE ARMED FORCES. (a) IN GENERAL.—Chapter 53 of title 10, small- and medium-sized Wisconsin SEC. 5. PROSPECTIVE APPLICATION OF DETER- firms than to look overseas for cheap MINATIONS BY THE SECRETARY OF United States Code, is amended by inserting THE ARMY. after section 1060b the following new section: labor. No benefits shall accrue to any person for ‘‘§ 1060c. Travel on military aircraft: certain You would be hard pressed to find an- any period before the date of the enactment disabled former members of the armed other program that has produced the of this Act as a result of the enactment of forces results that MEP has. In Wisconsin this Act. ‘‘The Secretary of Defense shall permit alone in fiscal year 2006, WMEP re- SEC. 6. REGULATIONS. any former member of the armed forces who ported 2,696 new or retained workers, The Secretary of the Army shall prescribe is entitled to compensation under the laws sales of $163 million, cost savings of $33 regulations to carry out sections 1, 3, and 4. administered by the Secretary of Veterans million, and plant and equipment in- SEC. 7. RESPONSIBILITIES OF THE SECRETARY Affairs for a service-connected disability vestments of $37 million. OF VETERANS AFFAIRS. rated as total to travel, in the same manner Manufacturing is an integral part of Any entitlement of a person to receive vet- and to the same extent as retired members of the armed forces, on unscheduled military a web of inter-industry relationships erans’ benefits by reason of this Act shall be that create a stronger economy. Manu- administered by the Department of Veterans flights within the continental United States Affairs pursuant to regulations prescribed by and on scheduled overseas flights operated facturing sells goods to other sectors in the Secretary of Veterans Affairs. by the Air Mobility Command. The Sec- the economy and, in turn, buys prod- retary of Defense shall permit such travel on SEC. 8. DEFINITION. ucts and services from them. Manufac- a space-available basis.’’. In this Act, the term ‘‘World War II’’ turing spurs demand for everything (b) CLERICAL AMENDMENT.—The table of means the period beginning on December 7, from raw materials to intermediate sections at the beginning of such chapter is 1941, and ending on December 31, 1946. components to software to financial, amended by inserting after the item relating to section 1060b the following new item: legal, health, accounting, transpor- By Mr. REID (for Mr. INOUYE): tation, and other services in the course S. 67. A bill to amend title 10, United ‘‘1060c. Travel on military aircraft: certain disabled former members of the of doing business. States Code, to permit former members armed forces.’’. The future of manufacturing in the of the Armed Forces who have a serv- United States will be largely deter- ice-connected disability rated as total By Mr. KOHL (for himself and mined by how well small- and medium- to travel on military aircraft in the Ms. SNOWE): sized companies cope with the changes same manner and to the same extent as S. 69. A bill to authorize appropria- in today’s global economy. To be suc- retired members of the Armed Forces tions for the Hollings Manufacturing cessful, businesses need state-of-the- are entitled to travel on such aircraft; Extension Partnership Program, and art technologies to craft products more to the Committee on Armed Services. for other purposes; to the Committee efficiently, a skilled workforce to meet Mr. INOUYE. Mr. President, today I on the Judiciary. the demands of modern manufacturers am reintroducing a bill which is of Mr. KOHL. Mr. President, I rise in and a commitment from the govern- great importance to a group of patri- support of the Kohl-Snowe legislation ment to provide the resources to allow otic Americans. This legislation is de- which would fund the Manufacturing companies to remain competitive. signed to extend space-available travel Extension Partnership, MEP, for fiscal At a time when economic recovery privileges on military aircraft to those year 2008–fiscal year 2012. I am a long- and global competitiveness are na- who have been totally disabled in the time supporter of the MEP program tional priorities, I believe MEP con- service of our country. and believe manufacturing is crucial to tinues to be a wise investment.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S84 CONGRESSIONAL RECORD — SENATE January 4, 2007 By Mr. REID (for Mr. INOUYE): both meaningful and important to Third, the bill allows clinical social S. 70. A bill to restore the traditional those concerned because it serves as a workers to be reimbursed for services day of observance of Memorial Day, reminder that our Nation has not for- provided to a client who is hospital- and for other purposes; to the Com- gotten their sacrifices. ized. mittee on the Judiciary. I ask unanimous consent that the Clinical social workers are valued Mr. INOUYE. Mr. President, in our text of my bill be printed in the members of our health care provider effort to accommodate many Ameri- RECORD. network. They are legally regulated in cans by making Memorial Day the last There being no objection, the text of every State of the Nation and are rec- Monday in May, we have lost sight of the bill was ordered to be printed in ognized as independent providers of the significance of this day to our Na- the RECORD, as follows: mental health care throughout the tion. My bill would restore Memorial S. 71 health care system. It is time to cor- Day to May 30 and authorize our flag to Be it enacted by the Senate and House of Rep- rect the disparate reimbursement fly at half mast on that day. In addi- resentatives of the United States of America in treatment of this profession under tion, this legislation would authorize Congress assembled, Medicare. the President to issue a proclamation SECTION 1. USE OF COMMISSARY AND EX- CHANGE STORES BY CERTAIN DIS- I ask unanimous consent that the designating Memorial Day and Vet- text of this bill be printed in the erans Day as days for prayer and cere- ABLED FORMER PRISONERS OF WAR. RECORD. monies. This legislation would help re- (a) IN GENERAL.—Chapter 54 of title 10, There being no objection, the text of store the recognition our veterans de- United States Code, is amended by inserting the bill was ordered to be printed in serve for the sacrifices they have made after section 1064 the following new section: the RECORD, as follows: on behalf of our nation. ‘‘§ 1064a. Use of commissary and exchange I ask unanimous consent that the stores by certain disabled former prisoners S. 72 text of my bill be printed in the of war Be it enacted by the Senate and House of Rep- RECORD. ‘‘(a) IN GENERAL.—Under regulations pre- resentatives of the United States of America in There being no objection, the text of scribed by the Secretary of Defense, former Congress assembled, the bill was ordered to be printed in prisoners of war described in subsection (b) SECTION 1. SHORT TITLE. may use commissary and exchange stores. the RECORD, as follows: This Act may be cited as the ‘‘Equity for ‘‘(b) COVERED INDIVIDUALS.—Subsection (a) S. 70 Clinical Social Workers Act of 2007’’. applies to any former prisoner of war who— Be it enacted by the Senate and House of Rep- ‘‘(1) separated from active duty in the SEC. 2. IMPROVED REIMBURSEMENT FOR CLIN- resentatives of the United States of America in armed forces under honorable conditions; ICAL SOCIAL WORKER SERVICES Congress assembled, and UNDER MEDICARE. SECTION 1. RESTORATION OF TRADITIONAL DAY ‘‘(2) has a service-connected disability (a) IN GENERAL.—Section 1833(a)(1)(F)(ii) of OF OBSERVANCE OF MEMORIAL rated by the Secretary of Veterans Affairs at the Social Security Act (42 U.S.C. DAY. 30 percent or more. 1395l(a)(1)(F)(ii)) is amended to read as fol- (a) DESIGNATION OF LEGAL PUBLIC HOLI- ‘‘(c) DEFINITIONS.—In this section: lows: ‘‘(ii) the amount determined by a fee DAY.—Section 6103(a) of title 5, United States ‘‘(1) The term ‘former prisoner of war’ has schedule established by the Secretary,’’. Code, is amended by striking ‘‘Memorial the meaning given that term in section (b) DEFINITION OF CLINICAL SOCIAL WORKER Day, the last Monday in May.’’ and inserting 101(32) of title 38. SERVICES EXPANDED.—Section 1861(hh)(2) of the following: ‘‘Memorial Day, May 30.’’. ‘‘(2) The term ‘service-connected’ has the the Social Security Act (42 U.S.C. (b) OBSERVANCES AND CEREMONIES.—Sec- meaning given that term in section 101(16) of 1395x(hh)(2)) is amended by striking ‘‘serv- tion 116 of title 36, United States Code, is title 38.’’. ices performed by a clinical social worker (as amended— (b) CLERICAL AMENDMENT.—The table of defined in paragraph (1))’’ and inserting (1) in subsection (a), by striking ‘‘The last sections at the beginning of such chapter is ‘‘such services and such services and supplies Monday in May’’ and inserting ‘‘May 30’’; amended by inserting after the item relating furnished as an incident to such services per- and to section 1064 the following new item: formed by a clinical social worker (as de- (2) in subsection (b)— fined in paragraph (1))’’. (A) by striking ‘‘and’’ at the end of para- graph (3); ‘‘1064a. Use of commissary and exchange (c) CLINICAL SOCIAL WORKER SERVICES NOT (B) by redesignating paragraph (4) as para- stores by certain disabled TO BE INCLUDED IN INPATIENT HOSPITAL SERV- graph (5); and former prisoners of war.’’. ICES.—Section 1861(b)(4) of the Social Secu- (C) by inserting after paragraph (3) the fol- rity Act (42 U.S.C. 1395x(b)(4)) is amended by lowing new paragraph (4): By Mr. REID (for Mr. INOUYE): striking ‘‘and services’’ and inserting ‘‘clin- ‘‘(4) calling on the people of the United S. 72. A bill to amend title XVIII of ical social worker services, and services’’. States to observe Memorial Day as a day of the Social Security Act to provide im- (d) TREATMENT OF SERVICES FURNISHED IN ceremonies for showing respect for American proved reimbursement for clinical so- INPATIENT SETTING.—Section 1832(a)(2)(B)(iii) veterans of wars and other military con- cial worker services under the medi- of the Social Security Act (42 U.S.C. flicts; and’’. care program; to the Committee on Fi- 1395k(a)(2)(B)(iii)) is amended— (c) DISPLAY OF FLAG.—Section 6(d) of title (1) by striking ‘‘and services’’ and inserting nance. ‘‘clinical social worker services, and serv- 4, United States Code, is amended by strik- Mr. INOUYE. Mr. President, today I ing ‘‘the last Monday in May;’’ and inserting ices’’; and ‘‘May 30;’’. am introducing legislation to amend (2) by adding ‘‘and’’ at the end. Title XVIII of the Social Security Act (e) EFFECTIVE DATE.—The amendments By Mr. REID (for Mr. INOUYE): to correct discrepancies in the reim- made by this section shall apply to payments S. 71. A bill to amend title 10, United bursement of clinical social workers made for clinical social worker services fur- States Code, to authorize certain dis- covered through Medicare, Part B. The nished on or after January 1, 2008. abled former prisoners of war to use three proposed changes contained in Department of Defense commissary this legislation clarify the current pay- By Mr. REID (for Mr. INOUYE): and exchange stores; to the Committee ment process for clinical social work- S. 73. A bill to amend title XVIII of on Armed Services. ers and establish a reimbursement the Social Security Act to provide for Mr. INOUYE. Mr. President, today I methodology for the profession that is patient protection by establishing min- am reintroducing legislation to enable similar to other health care profes- imum nurse staffing ratios at certain those former prisoners of war who have sionals reimbursed through the Medi- Medicare providers, and for other pur- been separated honorably from their care program. poses; to the Committee on Finance. respective services and who have been First, this legislation sets payment Mr. INOUYE. Mr. President, today I rated as having a 30 percent service- for clinical social worker services ac- introduce the Registered Nurse Safe connected disability to have the use of cording to a fee schedule established by Staffing Act. For over four decades I both the military commissary and post the Secretary. Second, it explicitly have been a committed supporter of exchange privileges. While I realize it states that services and supplies fur- nurses and the delivery of safe patient is impossible to adequately compensate nished by a clinical social worker are a care. While enforceable regulations one who has endured long periods of in- covered Medicare expense, just as these will help to ensure patient safety, the carceration at the hands of our Na- services are covered for other mental complexity and variability of today’s tion’s enemies, I do feel this gesture is health professionals in Medicare. hospitals require that staffing patterns
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S85 be determined at the hospital and unit (6) Registered nurses are being required to to paragraph (2)(G) as an upper limit on the level, with the professional input of perform professional services under condi- staffing of the hospital to which such ratio registered nurses. More than a decade tions that do not support quality health care applies. ‘‘(b) REPORTING, AND RELEASE TO PUBLIC, of research demonstrates that nurse or a healthful work environment for reg- istered nurses. OF CERTAIN STAFFING INFORMATION.— staff levels and the skill mix of nursing (7) As a payer for inpatient and outpatient ‘‘(1) REQUIREMENTS FOR HOSPITALS.—Each staff directly affect the clinical out- hospital services for individuals entitled to participating hospital shall— comes of hospitalized patients. Studies benefits under the Medicare program estab- ‘‘(A) post daily for each shift, in a clearly show that when there are more reg- lished under title XVIII of the Social Secu- visible place, a document that specifies in a istered nurses, there are lower mor- rity Act, the Federal Government has a com- uniform manner (as prescribed by the Sec- tality rates, shorter lengths of stay, re- pelling interest in promoting the safety of retary) the current number of licensed and unlicensed nursing staff directly responsible duced costs, and fewer complications. such individuals by requiring any hospital participating in such program to establish for patient care in each unit of the hospital, A study published in the Journal of minimum safe staffing levels for registered identifying specifically the number of reg- The American Medical Association nurses. istered nurses; found that the risks of patient mor- SEC. 3. ESTABLISHMENT OF MINIMUM STAFFING ‘‘(B) upon request, make available to the tality rose by 7 percent for every addi- RATIOS BY MEDICARE PARTICI- public— tional patient added to the average PATING HOSPITALS. ‘‘(i) the nursing staff information described nurse’s workload. In the midst of a (a) REQUIREMENT OF MEDICARE PROVIDER in subparagraph (A); and AGREEMENT.—Section 1866(a)(1) of the Social nursing shortage and increasing finan- ‘‘(ii) a detailed written description of the Security Act (42 U.S.C. 1395cc(a)(1)) is staffing system established by the hospital cial pressures, hospitals often find it amended— pursuant to subsection (a); and difficult to maintain adequate staffing. (1) in subparagraph (U), by striking ‘‘and’’ ‘‘(C) submit to the Secretary in a uniform While nursing research indicates that at the end; manner (as prescribed by the Secretary) the adequate registered nurse staffing is (2) in subparagraph (V), by striking the pe- nursing staff information described in sub- vital to the health and safety of pa- riod at the end and inserting ‘‘, and’’; and paragraph (A) through electronic data sub- tients, there is no standardized public (3) by inserting after subparagraph (V) the mission not less frequently than quarterly. following new subparagraph: reporting mechanism, nor enforcement ‘‘(2) SECRETARIAL RESPONSIBILITIES.—The ‘‘(W) in the case of a hospital, to meet the Secretary shall— of adequate staffing plans. The only requirements of section 1890.’’. ‘‘(A) make the information submitted pur- regulations addressing nursing staff ex- (b) REQUIREMENTS.—Title XVIII of the So- suant to paragraph (1)(C) publicly available, ists vaguely in Medicare Conditions of cial Security Act is amended by inserting including by publication of such information Participation which states: ‘‘The nurs- after section 1889 the following new section: on the Internet site of the Department of ing service must have an adequate ‘‘STAFFING REQUIREMENTS FOR MEDICARE Health and Human Services; and number of licensed registered nurses, PARTICIPATING HOSPITALS ‘‘(B) provide for the auditing of such infor- licensed practice (vocational) nurse, ‘‘SEC. 1890. (a) ESTABLISHMENT OF STAFFING mation for accuracy as a part of the process of determining whether an institution is a and other personnel to provide nursing SYSTEM.— ‘‘(1) IN GENERAL.—Each participating hos- hospital for purposes of this title. care to all patients as needed’’. pital shall adopt and implement a staffing ‘‘(c) RECORDKEEPING; DATA COLLECTION; This bill will require Medicare Par- system that ensures a number of registered EVALUATION.— ticipating Hospitals to develop and nurses on each shift and in each unit of the ‘‘(1) RECORDKEEPING.—Each participating maintain reliable and valid systems to hospital to ensure appropriate staffing levels hospital shall maintain for a period of at determine sufficient registered nurse for patient care. least 3 years (or, if longer, until the conclu- staffing. Given the demands that the ‘‘(2) STAFFING SYSTEM REQUIREMENTS.— sion of pending enforcement activities) such healthcare industry faces today, it is Subject to paragraph (3), a staffing system records as the Secretary deems necessary to adopted and implemented under this section determine whether the hospital has adopted our responsibility to ensure that pa- shall— and implemented a staffing system pursuant tients have access to adequate nursing ‘‘(A) be based upon input from the direct to subsection (a). care. However, we must ensure that the care-giving registered nurse staff or their ex- ‘‘(2) DATA COLLECTION ON CERTAIN OUT- decisions by which care is provided are clusive representatives, as well as the chief COMES.—The Secretary shall require the col- made by the clinical experts, the reg- nurse executive; lection, maintenance, and submission of data istered nurses caring for these pa- ‘‘(B) be based upon the number of patients by each participating hospital sufficient to tients. Support of this bill supports our and the level and variability of intensity of establish the link between the staffing sys- nation’s nurses during a critical short- care to be provided, with appropriate consid- tem established pursuant to subsection (a) eration given to admissions, discharges, and and— age, but more importantly, works to transfers during each shift; ‘‘(A) patient acuity from maintenance of ensure the safety of their patients. ‘‘(C) account for contextual issues affect- acuity data through entries on patients’ I ask unanimous consent that the ing staffing and the delivery of care, includ- charts; text of this bill be printed in the ing architecture and geography of the envi- ‘‘(B) patient outcomes that are nursing RECORD. ronment and available technology; sensitive, such as patient falls, adverse drug There being no objection, the text of ‘‘(D) reflect the level of preparation and events, injuries to patients, skin breakdown, the bill was ordered to be printed in experience of those providing care; pneumonia, infection rates, upper gastro- ‘‘(E) account for staffing level effectiveness the RECORD, as follows: intestinal bleeding, shock, cardiac arrest, or deficiencies in related health care classi- length of stay, and patient readmissions; S. 73 fications, including but not limited to, cer- ‘‘(C) operational outcomes, such as work- Be it enacted by the Senate and House of Rep- tified nurse assistants, licensed vocational related injury or illness, vacancy and turn- resentatives of the United States of America in nurses, licensed psychiatric technicians, over rates, nursing care hours per patient Congress assembled, nursing assistants, aides, and orderlies; day, on-call use, overtime rates, and needle- SECTION 1. SHORT TITLE. ‘‘(F) reflect staffing levels recommended stick injuries; and This Act may be cited as the ‘‘Registered by specialty nursing organizations; ‘‘(D) patient complaints related to staffing Nurse Safe Staffing Act of 2007’’. ‘‘(G) establish upwardly adjustable reg- levels. SEC. 2. FINDINGS. istered nurse-to-patient ratios based upon ‘‘(3) EVALUATION.—Each participating hos- Congress makes the following findings: registered nurses’ assessment of patient acu- pital shall annually evaluate its staffing sys- (1) There are hospitals throughout the ity and existing conditions; tem and establish minimum registered nurse United States that have inadequate staffing ‘‘(H) provide that a registered nurse shall staffing ratios to assure ongoing reliability of registered nurses to protect the well-being not be assigned to work in a particular unit and validity of the system and ratios. The and health of the patients. without first having established the ability evaluation shall be conducted by a joint (2) Studies show that the health of patients to provide professional care in such unit; and management-staff committee comprised of in hospitals is directly proportionate to the ‘‘(I) be based on methods that assure valid- at least 50 percent of registered nurses who number of registered nurses working in the ity and reliability. provide direct patient care. hospital. ‘‘(3) LIMITATION.—A staffing system adopt- ‘‘(d) ENFORCEMENT.— (3) There is a critical shortage of registered ed and implemented under paragraph (1) may ‘‘(1) RESPONSIBILITY.—The Secretary shall nurses in the United States. not— enforce the requirements and prohibitions of (4) The effect of that shortage is revealed ‘‘(A) set registered-nurse levels below those this section in accordance with the suc- in unsafe staffing levels in hospitals. required by any Federal or State law or reg- ceeding provisions of this subsection. (5) Patient safety is adversely affected by ulation; or ‘‘(2) PROCEDURES FOR RECEIVING AND INVES- these unsafe staffing levels, creating a public ‘‘(B) utilize any minimum registered TIGATING COMPLAINTS.—The Secretary shall health crisis. nurse-to-patient ratio established pursuant establish procedures under which—
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S86 CONGRESSIONAL RECORD — SENATE January 4, 2007 ‘‘(A) any person may file a complaint that able attorney’s fees and costs associated nity Audit Act of 2007,’’ with Senator a participating hospital has violated a re- with pursuing the case. LAUTENBERG. This legislation reaffirms quirement or a prohibition of this section; ‘‘(4) LIMITATION ON ACTIONS.—No action the authority of the Comptroller Gen- and may be brought under paragraph (2) or (3) eral of the United States and head of ‘‘(B) such complaints are investigated by more than 2 years after the discrimination the Secretary. or retaliation with respect to which the ac- the Government Accountability Office ‘‘(3) REMEDIES.—If the Secretary deter- tion is brought. (GAO) to audit the financial trans- mines that a participating hospital has vio- ‘‘(5) TREATMENT OF ADVERSE EMPLOYMENT actions and evaluate the programs and lated a requirement of this section, the Sec- ACTIONS.—For purposes of this subsection— activities of the intelligence commu- retary— ‘‘(A) an adverse employment action shall nity (IC). ‘‘(A) shall require the facility to establish be treated as retaliation or discrimination; Our bill is identical to S. 3968, intro- a corrective action plan to prevent the recur- and duced in the last Congress by Senator rence of such violation; and ‘‘(B) the term ‘adverse employment action’ ‘‘(B) may impose civil money penalties includes— LAUTENBERG and myself, and to H.R. under paragraph (4). ‘‘(i) the failure to promote an individual or 6252, introduced in the House by Rep- ‘‘(4) CIVIL MONEY PENALTIES.— provide any other employment-related ben- resentative BENNIE THOMPSON. ‘‘(A) IN GENERAL.—In addition to any other efit for which the individual would otherwise The need for more effective oversight penalties prescribed by law, the Secretary be eligible; and accountability of our intelligence may impose a civil money penalty of not ‘‘(ii) an adverse evaluation or decision more than $10,000 for each knowing violation community has never been greater. In made in relation to accreditation, certifi- the war against terrorism, intelligence of a requirement of this section, except that cation, credentialing, or licensing of the in- the Secretary shall impose a civil money dividual; and agencies are both the spear and the penalty of more than $10,000 for each such ‘‘(iii) a personnel action that is adverse to shield: the first line of our attack and violation in the case of a participating hos- the individual concerned. of our defense. Failure can bear ter- pital that the Secretary determines has a ‘‘(f) RELATIONSHIP TO STATE LAWS.—Noth- rible consequences. pattern or practice of such violations (with ing in this section shall be construed as ex- Congress has two responsibilities: the the amount of such additional penalties empting or relieving any person from any li- first is to ensure that our intelligence being determined in accordance with a ability, duty, penalty, or punishment pro- schedule or methodology specified in regula- vided by any present or future law of any community is performing its mission tions). State or political subdivision of a State, effectively, and the second is to ensure ‘‘(B) PROCEDURES.—The provisions of sec- other than any such law which purports to that in performing its mission, the in- tion 1128A (other than subsections (a) and require or permit the doing of any act which telligence community is not violating (b)) shall apply to a civil money penalty would be an unlawful practice under this the constitutional rights of individual under this paragraph in the same manner as title. Americans. such provisions apply to a penalty or pro- ‘‘(g) RELATIONSHIP TO CONDUCT PROHIBITED Yet the ability of Congress to ensure ceeding under section 1128A. UNDER THE NATIONAL LABOR RELATIONS ACT ‘‘(C) PUBLIC NOTICE OF VIOLATIONS.— OR OTHER COLLECTIVE BARGAINING LAWS.— that the intelligence community has ‘‘(i) INTERNET SITE.—The Secretary shall Nothing in this section shall be construed as sufficient resources and capability of publish on the Internet site of the Depart- permitting conduct prohibited under the Na- performing its mission has never been ment of Health and Human Services the tional Labor Relations Act or under any more in question. The establishment of names of participating hospitals on which other Federal, State, or local collective bar- the Department of Homeland Security civil money penalties have been imposed gaining law. and the passage of the Intelligence Re- under this section, the violation for which ‘‘(h) REGULATIONS.—The Secretary shall the penalty was imposed, and such addi- promulgate such regulations as are appro- form and Terrorism Prevention Act of tional information as the Secretary deter- priate and necessary to implement this sec- 2004 created a new institutional land- mines appropriate. tion. scape littered by new intelligence ‘‘(ii) CHANGE OF OWNERSHIP.—With respect ‘‘(i) DEFINITIONS.—In this section: agencies with ever increasing demands to a participating hospital that had a change ‘‘(1) PARTICIPATING HOSPITAL.—The term and responsibilities. These new agen- in ownership, as determined by the Sec- ‘participating hospital’ means a hospital cies became members of an already retary, penalties imposed on the hospital that has entered into a provider agreement populated club of organizations per- while under previous ownership shall no under section 1866. longer be published by the Secretary of such ‘‘(2) REGISTERED NURSE.—The term ‘reg- forming intelligence related functions. Internet site after the 1-year period begin- istered nurse’ means an individual who has The intelligence community today ning on the date of change in ownership. been granted a license to practice as a reg- consists of 19 different agencies or ‘‘(e) WHISTLEBLOWER PROTECTIONS.— istered nurse in at least 1 State. components: the Office of the Director ‘‘(1) PROHIBITION OF DISCRIMINATION AND RE- ‘‘(3) UNIT.—The term ‘unit’ of a hospital is of National Intelligence; Central Intel- TALIATION.—A participating hospital shall an organizational department or separate ge- ligence Agency; Department of De- not discriminate or retaliate in any manner ographic area of a hospital, such as a burn fense; Defense Intelligence Agency; Na- against any patient or employee of the hos- unit, a labor and delivery room, a post-anes- pital because that patient or employee, or thesia service area, an emergency depart- tional Security Agency; Departments any other person, has presented a grievance ment, an operating room, a pediatric unit, a of the Army, Navy, Marine Corps, and or complaint, or has initiated or cooperated stepdown or intermediate care unit, a spe- Air Force; Department of State; De- in any investigation or proceeding of any cialty care unit, a telemetry unit, a general partment of Treasury; Department of kind, relating to the staffing system or other medical care unit, a subacute care unit, and Energy; Department of Justice; Fed- requirements and prohibitions of this sec- a transitional inpatient care unit. eral Bureau of Investigation; National tion. ‘‘(4) SHIFT.—The term ‘shift’ means a Reconnaissance Office; National ‘‘(2) RELIEF FOR PREVAILING EMPLOYEES.— scheduled set of hours or duty period to be Geospatial-Intelligence Agency; Coast An employee of a participating hospital who worked at a participating hospital. Guard; Department of Homeland Secu- has been discriminated or retaliated against ‘‘(5) PERSON.—The term ‘person’ means 1 or in employment in violation of this sub- more individuals, associations, corporations, rity, and the Drug Enforcement Ad- section may initiate judicial action in a unincorporated organizations, or labor ministration. United States district court and shall be en- unions.’’. Congress too has increased its over- titled to reinstatement, reimbursement for (c) EFFECTIVE DATE.—The amendments sight responsibilities. Committees lost wages, and work benefits caused by the made by this section shall take effect on other than the intelligence committees unlawful acts of the employing hospital. Pre- January 1, 2008. of the House and Senate have jurisdic- vailing employees are entitled to reasonable attorney’s fees and costs associated with By Mr. AKAKA (for himself and tion over such departments as Home- pursuing the case. Mr. LAUTENBERG): land Security, State, Defense, Justice, ‘‘(3) RELIEF FOR PREVAILING PATIENTS.—A S. 82. A bill to reaffirm the authority Energy, Treasury, and Commerce. patient who has been discriminated or retali- of the Comptroller General to audit But all of these ‘‘non-intelligence’’ ated against in violation of this subsection and evaluate the programs, activities, committees are restricted in their abil- may initiate judicial action in a United and financial transactions of the intel- ity to conduct effective oversight of in- States district court. A prevailing patient telligence function of the agencies shall be entitled to liquidated damages of ligence community, and for other pur- $5,000 for a violation of this statute in addi- poses; to the Select Committee on In- under their jurisdiction because, unfor- tion to any other damages under other appli- telligence. tunately, the intelligence community cable statutes, regulations, or common law. Mr. AKAKA. Mr. President, I rise to stonewalls the Government Account- Prevailing patients are entitled to reason- introduce ‘‘The Intelligence Commu- ability Office (GAO) when committees
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S87 of jurisdiction request that GAO inves- Unfortunately I have more examples Attached is a detailed description of tigate problems. This is happening de- that predate the post 9–11 reforms. In- the legislation that I ask unanimous spite the clear responsibility of Con- deed, in July 2001, in testimony, enti- consent be printed in the RECORD. gress to ensure that these agencies are tled ‘‘Central Intelligence Agency, Ob- I urge my colleagues to join me in operating effectively to protect Amer- servations on GAO Access to Informa- supporting this legislation. ica. tion on CIA Programs and Activities’’ I ask unanimous consent that the It is inconceivable that the GAO—the (GAO–01–975T) before the House Com- text of the legislation I am introducing audit arm of the U.S. Congress—has mittee on Government Reform, the be printed in the RECORD. been unable to conduct evaluations of GAO noted, as a practical manner, There being no objection, the text of the CIA for over 40 years. If the GAO ‘‘our access is generally limited to ob- the material was ordered to be printed had been able to conduct basic auditing taining information on threat assess- in the RECORD, as follows: functions of the CIA, perhaps some of ments when the CIA does not perceives REPORT LANGUAGE the problems that were so clearly ex- [sic] our audits as oversight of its ac- Section 1 of the Act provides that the Act posed following the terrorist attacks in tivities.’’ may be cited as the ‘‘Intelligence Commu- September 2001 would have been re- nity Audit Act of 2007’’. The bill I introduce today does not solved. And yet, it is extraordinary Section 2(a) of the Act adds a new Section detract from the authority of the intel- that five years after 9–11, the same (3523a) to title 31, United States Code, with respect to the Comptroller General’s author- problems persist. ligence committees. In fact, the lan- guage makes explicit that the Comp- ity to audit or evaluate activities of the in- Two recent incidents have made this telligence community. New Section situation disturbingly clear. At a hear- troller General may conduct an audit or evaluation of intelligence sources 3523a(b)(1) reaffirms that the Comptroller ing entitled, ‘‘Access Delayed: Fixing General possesses, under his existing statu- the Security Clearance Process, Part and methods or covert actions only tory authority, the authority to perform au- II,’’ before my Subcommittee on Over- upon the request of the intelligence dits and evaluations of financial trans- sight of Government Management, the committees or at the request of the actions, programs, and activities of elements Federal Workforce, and the District of congressional majority or minority of the intelligence community and to obtain Columbia, on November 9, 2005, GAO leaders. The measure also prescribes access to records for the purposes of such au- dits and evaluations. Such work could be was asked about steps it would take to for the security of the information col- lected by the Comptroller General. done at the request of the congressional in- ensure that the Office of Personnel telligence committees or any committee of Management (OPM), the Office of Man- As both House Rule 48 and Senate jurisdiction of the House of Representatives agement and Budget, and the intel- Resolution 400 establishing the intel- or Senate (including the Committee on ligence community met the goals and ligence oversight committees state, Homeland Security of the House of Rep- objectives outlined in the OPM secu- ‘‘Nothing in this [charter] shall be con- resentatives and the Committee on Home- rity clearance strategic plan. Fixing strued as amending, limiting, or other- land Security and Governmental Affairs of wise changing the authority of any the Senate), or at the Comptroller General’s the security clearance process, which is initiative, pursuant to the existing authori- on GAO’s high-risk list, is essential to standing committee of the, House/Sen- ties referenced in new Section 3523a(b)(1). our national security. But as GAO ob- ate, to obtain full and prompt access to New Section 3523a(b)(2) further provides that served in a written response to a ques- the product of the intelligence activi- these audits and evaluations under the tion raised by Senator VOINOVICH, ties of any department or agency of the Comptroller General’s existing authority ‘‘while we have the authority to do Government relevant to a matter oth- may include, but are not limited to, matters such work, we lack the cooperation we erwise within the jurisdiction of such relating to the management and administra- need to get our job done in that area.’’ committee.’’ tion of elements of the intelligence commu- A similar case arose in response to a nity in areas such as strategic planning, fi- Despite this clear and unambiguous nancial management, information tech- GAO investigation for the Senate statement, the ability of non-intel- nology, human capital, knowledge manage- Homeland Security Committee and the ligence committees to obtain informa- ment, information sharing, and change man- House Government Reform Committee tion, no matter how vital to improving agement. These audits and evaluations on how agencies are sharing terrorism- the security of our nation, has been re- would be accompanied by the safeguards that related and sensitive but unclassified stricted by the various elements of the the Government Accountability Office (GAO) information. The report, entitled ‘‘In- has in place to protect classified and other intelligence community. sensitive information, including physical se- formation Sharing, the Federal Gov- My bill reaffirms the authority of the ernment Needs to Establish Policies curity arrangements, classification and sen- Comptroller General to conduct audits sitivity reviews, and restricted distribution and Processes for Sharing Terrorism- and evaluations—other than those re- of certain products. Related and Sensitive but Unclassified lating to sources and methods, or cov- This reaffirmation is designed to respond Information’’ (GAO–06–385), was re- ert actions—relating to the manage- to Executive Branch assertions that GAO leased in March 2006. does not have the authority to review activi- ment and administration of elements At a time when Congress is criticized ties of the intelligence community. To the by members of the 9–11 Commission for of the intelligence community in areas contrary, GAO’s current statutory audit and failing to implement its recommenda- such as strategic planning, financial access authorities permit it to evaluate a tions, we should remember that im- management, information technology, wide range of activities in the intelligence human capital, knowledge manage- community. To further ensure that GAO’s proving terrorism information sharing authorities are appropriately construed in among agencies was one of the critical ment, information sharing, and change management for other relevant com- the future, the new Section 3523a(e), which is recommendations of the Commission. described below, makes clear that nothing in Moreover, the Intelligence Reform and mittees of the Congress. this or any other provision of law shall be Terrorism Prevention Act of 2004 man- As I mentioned earlier in my state- construed as restricting or limiting the dated the sharing of terrorism informa- ment, Congress also has the responsi- Comptroller General’s authority to audit and tion through the creation of an Infor- bility of ensuring that unfettered intel- evaluate, or obtain access to the records of, mation Sharing Environment. Yet, ligence collection does not trample elements of the intelligence community ab- sent specific statutory language restricting when asked by GAO for comments on civil liberties. New technologies and new personal information data bases or limiting such audits, evaluations, or ac- the GAO report, the Office of the Direc- cess to records. tor of National Intelligence refused, threaten our individual right to a se- New Section 3523a(c)(1) provides that stating that ‘‘the review of intelligence cure private life, free from unlawful Comptroller General audits or evaluations of activities is beyond GAO’s purview.’’ government invasion. We must ensure intelligence sources and methods, or covert A Congressional Research Service that private information collected by actions may be undertaken only upon the re- memorandum entitled, ‘‘Overview of the intelligence community is not mis- quest of the Select Committee on Intel- ‘Classified’ and ‘Sensitive but Unclassi- used and is secure. Intelligence agen- ligence of the Senate, or the Permanent Se- cies have a legitimate mission to pro- lect Committee on Intelligence of the House fied’ Information,’’ concludes, ‘‘it ap- of Representatives, or the majority or the pears that pseudo-classification mark- tect the country against potential minority leader of the Senate or the House ings have, in some instances, had the threats. However, Congress’ role is to of Representatives. This limitation is in- effect of deterring information sharing ensure that their mission remains le- tended to recognize the heightened sensi- for homeland security.’’ gitimate. tivity of audits and evaluations relating to
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Truman, in Feb- under Section 3523a(c) may be disclosed only ruary 1950, issued E.O. 10104, which, while su- to the original requestor, the Director of Na- CONGRESSIONAL RESEARCH SERVICE, perseding E.O. 8381, basically reiterated its tional Intelligence, and the head of the rel- July 18, 2006. text, but added a fourth Top Secret classi- evant element of the intelligence commu- From: Harold C. Relyea, Specialist in Amer- fication designation to existing Restricted, nity. Since the methods GAO uses to com- ican National Government, Government Confidential, and Secret markings, making municate the results of its audits or evalua- and Finance Division. American information security categories tions vary, this provision restricts the dis- Subject: Overview of ‘‘Classified’’ and ‘‘Sen- consistent with those of our allies. At the semination of GAO’s findings under Section sitive but Unclassified’’ Information. time of the promulgation of this order, how- 3523a(c), whether through testimony, oral Prescribed in various ways, federal policies ever, plans were underway for a complete briefings, or written reports, to only the may require the protection of, or a privileged overhaul of the classification program, original requestor, the Director of National status for, particular kinds of information. which would result in a dramatic change in Intelligence, and the head of the relevant This memorandom provides a brief introduc- policy. element of the intelligence community. tion to, and overview of, two categories of E.O. 10290, issued in September 1951, intro- Similarly, under new Section 3523a(c)(2)(B), such information policy. The first category duced three sweeping innovations in security the Comptroller General may only provide is demarcated largely in a single policy in- classification policy. First, the order indi- information obtained in the course of such strument—a presidential executive order— cated the Chief Executive was relying upon an audit or evaluation to the original re- with a clear focus and in considerable detail: ‘‘the authority vested in me by the Constitu- questor, the Director of National Intel- the classification of national security infor- tion and statutes, and as President of the ligence, and the head of the relevant element mation in terms of three degrees of harm the United States’’ in issuing the directive. This of the intelligence community. disclosure of such information could cause to formula appeared to strengthen the Presi- The new Section 3523a(c)(3)(A) provides the nation, resulting in Confidential, Secret, dent’s discretion to make official secrecy that notwithstanding any other provision of and Top Secret designations. The second cat- policy: it intertwined his responsibility as law, the Comptroller General may inspect egory is, by contrast with the first, much Commander in Chief with the constitutional records of any element of the intelligence broader in terms of the kinds of information obligation to ‘‘take care that the laws be community relating to intelligence sources it covers, to the point of even being nebulous faithfully executed.’’ Second, information and methods, or covert actions in order to in some instances, and is expressed in var- was now classified in the interest of ‘‘na- perform audits and evaluations pursuant to ious instruments, the majority of which are tional security,’’ a somewhat new, but nebu- Section 3523a(c). The Comptroller General’s non-statutory: the marking of sensitive but lous, concept, which, in the view of some, access extends to any records which belong unclassified (SBU) information for protec- conveyed more latitude for the creation of to, or are in the possession and control of, tive management, although its public disclo- official secrets. It replaced the heretofore re- the element of the intelligence community sure may be permissible pursuant to the lied upon ‘‘national defense’’ standard for regardless of who was the original owner of Freedom of Information Act (FOIA). These classification. Third, the order extended such information. Under new Section two categories are reviewed in the discussion classified authority to nonmilitary entitie 3523a(c)(3)(B), the Comptroller General may set out below. throughout the executive branch, to be exer- enforce the access rights provided under this cised by, presumably, but not explicitly lim- SECURITY CLASSIFIED INFORMATION subsection pursuant to section 716 of title 31. ited to, those having some role in ‘‘national However, before the Comptroller General Current security classification arrange- security’’ policy. files a report pursuant to 31 U.S.C. 716(b)(1), ments, prescribed by an executive order of The broad discretion to create official se- the Comptroller General must consult with the President, trace their origins to a March crets granted by E.O. 10290 engendered wide- the original requestor concerning the Comp- 1940 directive issued by President Franklin spread criticism from the public and the troller General’s intent to file a report. D. Roosevelt as E.O. 8381. This development press. In response, President Dwight D. Ei- The new Section 3523a(c)(4) reiterates the was probably prompted somewhat by desires senhower, shortly after his election to office, Comptroller General’s obligations to protect to clarify the authority of civilian personnel instructed Attorney General Herbert the confidentiality of information and adds in the national defense community to clas- Brownell to review the order with a view to special safeguards to protect records and in- sify information, to establish a broader basis revising or rescinding it. The subsequent rec- formation obtained from elements of the in- for protecting military information in view ommendation was for a new directive, which telligence community for audits and evalua- of growing global hostilities, and to manage was issued in November 1953 as E.O. 10501. It tions performed under Section 3523a(c). For better a discretionary power seemingly of in- withdrew classification authority from 28 en- example, pursuant to new Section creasing importance to the entire executive tities, limited this discretion in 17 other 3523a(c)(4)(B), the Comptroller General is to branch. Prior to this 1940 order, information units to the agency head, returned to the maintain on site, in facilities furnished by had been designated officially secret by ‘‘national defense’’ standard for applying se- the element of the intelligence community armed forces personnel pursuant to Army crecy, eliminated the ‘‘Restricted’’ category, subject to audit or evaluation, all and Navy general orders and regulations. which was the lowest level of protection, and workpapers and records obtained for the The first systematic procedures for the pro- explicitly defined the remaining three classi- audit or evaluation. Under new Section tection of national defense information, de- fication areas to prevent their indiscrimi- 3523a(c)(4)(C), the Comptroller General is di- void of special markings, were established by nate use. rected, after consulting with the Select Com- War Department General Orders No. 3 of Thereafter, E.O. 10501, with slight amend- mittee on Intelligence of the Senate and the February 1912. Records determined to be ment, prescribed operative security classi- Permanent Select Committee on Intelligence ‘‘confidential’’ were to be kept under lock, fication policy and procedure for the next of the House of Representatives, to establish ‘‘accessible only to the officer to whom two decades. Successor orders built on this procedures to protect from unauthorized dis- intrusted.’’ Serial numbers were issued for reform. These included E.O. 11652, issued by closure all classified and other sensitive in- all such ‘‘confidential’’ materials, with the President Richard M. Nixon in March 1972, formation furnished to the Comptroller Gen- numbers marked on the documents, and lists followed by E.O. 12065, promulgated by Presi- eral under Section 3523a(c). Under new Sec- of same kept at the offices from which they dent Jimmy Carter in June 1978. For 30 tion 3523a(c)(4)(D), prior to initiating an emanated. With the enlargement of the years, these classification directives nar- audit or evaluation under Section 3523a(c), armed forces after the entry of the United rowed the bases and discretion for assigning the Comptroller General shall provide the States into World War I, the registry system official secrecy to executive branch docu- Director of National Intelligence and the was abandoned and a tripartite system of ments and materials. Then, in April 1982, head of the relevant element of the intel- classification markings was inaugurated in this trend was reversed with E.O. 12356, ligence community with the name of each of- November 1917 with General Order No. 64 of issued by President Ronald Reagan. This ficer and employee of the Government Ac- the General Headquarters of the American order expanded the categories of classifiable countability Office who has obtained appro- Expenditionary Force. information, mandated that information priate security clearances. The entry of the United States into World falling within these categories be classified, The new Section 3523a(d) provides that ele- War II prompted some additional arrange- authorized the reclassification of previously ments of the intelligence community shall ments for the protection of information per- declassified documents, admonished classi- cooperate fully with the Comptroller Gen- taining to the nation’s security. Personnel fiers to err on the side classification, and eral and provide timely responses to Comp- cleared to work on the Manhattan Project eliminated automatic declassification ar- troller General requests for documentation for the production of the atomic bomb, for rangements. and information. instance, in committing themselves not to President William Clinton returned secu- The new Section 3523a(e) makes clear that disclose protected information improperly, rity classification policy and procedure to nothing in this or any other provision of law were ‘‘required to read and sign either the the reform trend of the Eisenhower, Nixon, shall be construed as restricting or limiting Espionage Act or a special secrecy agree- and Carter Administrations with E.O. 12958 the Comptroller General’s authority to audit ment,’’ establishing their awareness of their in April 1995. Adding impetus to the develop- and evaluate, or obtain access to the records secrecy obligations and a fiduciary trust ment and issuance of the new order were
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In 1985, the temporary Department of entity finds that a violation of the order or cent press account illustrates another prob- Defense (DOD) Security Review Commission, its implementing directives has occurred, it lem. In late January 2005, GCN Update, the chaired by retired General Richard G. must be reported to the head of the agency online, electronic news service of Govern- Stilwell, declared that there were ‘‘no or to the appropriate senior agency official ment Computer News, reported that ‘‘dozens verifiable figures as to the amount of classi- so that corrective steps, if appropriate, may of classified Homeland Security Department fied material produced in DOD and in defense be taken documents’’ had been accidently made avail- industry each year.’’ Nonetheless, it con- While Congress, thus far, has elected not to able on a public Internet site for several days cluded that ‘‘too much information appears create statutorily mandated security classi- due to an apparent security glitch at the De- to be classified and much at higher levels fication policy and procedures, the option to partment of Energy. Describing the contents than is warranted.’’ In October 1993, the cost do so has been explored in the past, and its of the compromised materials and reactions of the security classification program be- legislative authority to do so has been recog- to the breach, the account stated the ‘‘docu- came clearer when the General Accounting nized by the Supreme Court. Congress, how- ments were marked ‘for official use only,’ Office (GAO) reported that it was ‘‘able to ever, has established protections for certain the lowest secret-level classification.’’ The identify government-wide costs directly ap- kinds of information—such as Restricted documents, of course, were not security clas- plicable to national security information to- Data in the Atomic Energy Acts of 1946 and sified, because the marking cited is not au- taling over $350 million for 1992.’’ After 1954, and inte1ligence sources and methods in thorized by E.O. 12958. Interestingly, how- breaking this figure down—it included only the National Security Act of 1947—which ever, in view of the fact that this misinter- $6 million for declassification work—the re- have been realized through security classi- pretation appeared in a story to which three port added that ‘‘the U.S. government also fication arrangements. It has acknowledged reporters contributed, perhaps it reflects, to spends additional billions of dollars annually properly applied security classification as a some extent, the current confusion of these to safeguard information, personnel, and basis for withholding records sought pursu- information control markings with security property.’’ E.O. 12958 set limits for the dura- ant to the Freedom of Information Act. Also, classification designations. tion of classification, prohibited the reclassi- with a view to efficiency and economy, as Broadly considering the contemporary sit- fication of properly declassified records, au- well as effective records management, com- uation regarding information control mark- thorized government employees to challenge mittees of Congress, on various occasions, ings, a recent information security report by the classification status of records, reestab- have conducted oversight of security classi- the JASON Program Office of the MITRE lished the balancing test of E.O. 12065 weigh- fication policy and practice, and have been Corporation proffered the following assess- ing the need to protect information vis-a-vis assisted by GAO and CRS in this regard. ment. the public interest in its disclosure, and cre- The status of sensitive information outside ated two review panels—one on classification SENSITIVE BUT UNCLASSIFIED INFORMATION of the present classification system is and declassification actions and one to ad- The widespread existence and use of infor- murkier than ever. . . . ‘‘Sensitive but un- vise on policy and procedure. mation control markings other than those Most recently, in March 2003, President prescribed for the security classification of classified’’ data is increasingly defined by George W. Bush issued E.O. 13292, amending information came to congressional attention the eye of the beholder. Lacking in defini- E.O. 12958. Among the changes made by this in March 1972 when a subcommittee of what tion, it is correspondingly lacking in policies order were adding infrastructure is now the House Committee on Government and procedures for protecting (or not pro- vulnerabilities or capabilities, protection Reform launched the first oversight hearings tecting) it, and regarding how and by whom services relating to national security, and on the administration and operation of the it is generated and used. weapons of mass destruction to the cat- Freedom of Information Act (FOIA). Enacted A contemporaneous Heritage Foundation egories of classifiable information; easing in 1966, FOIA had become operative in July report appeared to agree with this appraisal, the reclassification of declassified records; 1967. In the early months of 1972, the Nixon saying: postponing the automatic declassification of Administration was developing new security The process for classifying secret informa- protected records 25 or more years old, be- classification policy and procedure, which tion in the federal government is disciplined ginning in mid-April 2003 to the end of De- wou1d be prescribed in E.O. 11652, issued in and explicit. The same cannot be said for un- cember 2006; eliminating the requirement early March. Preparatory to this hearing, classified but security-related information that agencies prepare plans for declassifying the panel had surveyed the departments and for which there is no usable definition, no records; and permitting the Director of Cen- agencies in August 1971, asking, among other common understanding about how to control tral Intelligence to block declassification ac- questions, ‘‘What legend is used by your it, no agreement on what significance it has tions of the Interagency Security Classifica- agency to identify records which are not for U.S. national security, and no means for tion Appeals Panel, unless overruled by the classifiable under Executive Order 10501 [the adjudicating concerns regarding appropriate President. operative order at the time] but which are levels of protection. The security classification program has not to be made available outside the govern- Concerning the current Sensitive but Un- evolved during the past 66 years. One may ment?’’ Of 58 information control markings classified (SBU) marking, a 2004 report by not agree with all of its rules and require- identified in response to this question, the the Federal Research Division of the Library ments. but attention to detail in its policy most common were For Official Use Only (11 of Congress commented that guidelines for and procedure result in a significant man- agencies); Limited Official Use (nine agen- its use are needed, and noted that ‘‘a uni- agement regime. The operative executive cies); Official Use Only (eight agencies); Re- form legal definition or set of procedures ap- order, as amended, defines its principal stricted Data (five agencies); Administra- plicable to all Federal government agencies terms. Those who are authorized to exercise tively Restricted (four agencies); Formerly does not now exist.’’ Indeed, the report indi- original classification authority are identi- Restricted Data (four agencies); and Nodis, cates that SBU has been utilized in different fied. Exclusive categories of classifiable in- or no dissemination (four agencies). Seven contexts with little precision as to its scope formation are specified, as are the terms of other markings were used by two agencies in or meaning, and, to add a bit of chaos to an the duration of classification, as well as clas- each case. A CRS review of the agency re- already confusing situation, is ‘‘often re- sification prohibitions and limitations. Clas- sponses to the control markings question ferred to as Sensitive Homeland Security In- sified information is required to be marked prompted the following observation. formation.’’ appropriately along with the identity of the Often no authority is cited for the estab- Assessments of the variety, management, original classifier, the agency or office of or- lishment or origin of these labels; even when and impact of information control markings, igin, and a date or event for declassification. some reference is provided it is a handbook, other than those prescribed for the classi- Authorized holders of classified information manual, administrative order, or a circular fication of national security information, who believe that its protected status is im- but not statutory authority. Exceptions to have been conducted by CRS, GAO, and the proper are ‘‘encouraged and expected’’ to this are the Atomic Energy Commission, the National Security Archive, a private sector challenge that status through prescribed ar- Defense Department and the Arms Control research and resource center located at The rangements. Mandatory declassification re- and Disarmament Agency. These agencies George Washington University. In March views are also authorized to determine if cite the Atomic Atomic Energy Act, 2006, GAO indicated that, in a recent survey, protected records merit continued classifica- N.A.T.O. related laws, and international 26 federal agencies reported using 56 different tion at their present level, a lower level, or agreements as a basis for certain additional information control markings to protect sen- at all. Unsuccessful classification challenges labels. The Arms Control and Disarmament sitive information other than classified na- and mandatory declassification reviews are Agency acknowledged it honored and adopt- tional security material. That same month, subject to review by the Intragency Security ed State and Defense Department labels. the National Security Archive offered that, Classification Appeals Panel. General re- Over three decades later, it appears that of 37 agencies surveyed, 24 used 28 control strictions on access to classified information approximately the same number of these in- markings based on internal policies, proce- are prescribed, as are distribution controls formation control markings are in use; that dures, or practices, and eight used 10 mark- for classified information. The Information the majority of them are administratively, ings based on statutory authority. These
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numbers are important in terms of the vari- form of overclassification. Relevant remedial BACKGROUND ety of such markings. GAO explained this di- legislation proposed during the 109th Con- In the wake of congressional investigations mension of the management problem. gress includes two bills (H.R. 2331 and H.R. into Intelligence Community activities in [T]here are at least 13 agencies that use 5112) containing sections which would re- the mid–1970s, the U.S. Senate in 1976 created the designation For Official Use Only quire the Archivist of the United States to a select committee on intelligence to con- [FOUO], but there are at least five different prepare a detailed report regarding the num- duct more effective oversight on a con- definitions of FOUO. At least seven agencies ber, use, and management of these informa- tinuing basis. The U.S. House of Representa- or agency components use the term Law En- tion control markings and submit it to speci- tives established its own intelligence over- forcement Sensitive (LES), including the fied congressional committees, and to pro- sight committee the following year. U.S. Marshals Service, the Department of mulgate regulations banning the use of these Until the two intelligence committees Homeland Security (DHS), the Department markings and otherwise establish standards were created, other congressional standing of Commerce, and the Office of Personnel for information control designations estab- committees—principally the Senate and Management (OPM). These agencies gave dif- lished by statute or an executive order relat- House Armed Services and Appropriations fering definitions for the term. While DHS ing to the classification of national security committees—shared responsibility for over- does not formally define the designation, the information. A section in the Department of seeing the intelligence community. Al- Department of Commerce defines it to in- Homeland Security appropriations legisla- though willing to cede primary jurisdiction clude information pertaining to the protec- tion (H.R. 5441), as approved by the House, over the Central Intelligence Agency (CIA) tion of senior government officials, and OPM would require the Secretary of Homeland Se- to the two new select intelligence commit- defines it as unclassified information used by curity to revise DHS MD (Management Di- tees, these congressional standing commit- law enforcement personnel that requires pro- rective) 11056 to include (1) provision that in- tees wanted to retain jurisdiction over the tection against unauthorized disclosure to formation that is three years old and not in- intelligence activities of the other depart- protect the sources and methods of inves- corporated in a current, active transpor- ments and agencies they oversaw. According tigative activity, evidence, and the integrity tation security directive or security plan to one observer, the standing committees as- of pretrial investigative reports. shall be determined automatically to be re- serted their jurisdictional prerogatives for Apart from the numbers, however, is an- leasable unless, for each specific document, two reasons—to protect ‘‘turf,’’ but also to other aspect of the management problem, the Secretary makes a written determina- provide ‘‘a hedge against the possibility that which GAO described in the following terms. tion that identifies a compelling reason why There are no governmentwide policies or the newly launched experiment in oversight the information must remain Sensitive Se- might go badly.’’ procedures that describe the basis on which curity Information (SS1); (2) common and INTELLIGENCE COMMITTEES; STATUTORY agencies should use most of these sensitive extensive examples of the individual cat- but unclassified designations, explain what egories of SSI cited in order to minimize and OBLIGATIONS the different designations mean across agen- standardize judgment in the application of Under current statute, the President is re- cies, or ensure that they will be used consist- SSI marking; and (3) provision that, in all quired to ensure that the congressional in- ently from one agency to another. In this ab- judicial proceedings where the judge over- telligence committees are kept ‘‘fully and sence, each agency determines what designa- seeing the proceedings has adjudicated that currently informed’’ of U.S. intelligence ac- tions to apply to the sensitive but unclassi- a party needs to have access to SSI, the tivities, including any ‘‘significant antici- fied information it develops or shares. party shall be deemed a covered person for pated intelligence activity,’’ and the Presi- These markings also have implications in purposes of access to the SSI at issue in the dent and the intelligence committees are to another regard. The importance of informa- case unless TSA or DHS demonstrates a establish any procedures as may be nec- tion sharing for combating terrorism and re- compelling reason why the specific indi- essary to carry out these provisions. alizing homeland security was emphasized by vidual presents a risk of harm to the nation. The statute, however, stipulates that the the National Commission on Terrorist At- A May 25, 2006, statement of administration intelligence committees in turn are respon- tacks Upon the United States. That the var- policy on the bill strongly opposed the sec- sible for alerting the respective chambers or iously identified and marked forms of sen- tion, saying it ‘‘would jeopardize an impor- congressional standing committees of any sitive but unclassified (SBU) information tant program that protects Sensitive Secu- intelligence activities requiring further at- could be problematic with regard to informa- rity Information (SSI) from public release by tention. The intelligence committees are to tion sharing was recognized by Congress deeming it automatically releaseable in carry out this responsibility in accordance when fashioning the Homeland Security Act three years, potentially conflict with re- with procedures established by the House of of 2002. Section 892 of that statute specifi- quirements of the Privacy and Freedom of Representatives and the Senate, in consulta- cally directed the President to prescribe and Information Acts, and negate statutory pro- tion with the Director of National Intel- implement procedures for the sharing of in- visions providing original jurisdiction for ligence, in order to protect against unau- formation by relevant federal agencies, in- lawsuits challenging. the designation of SSI thorized disclosure of classified information, cluding the accommodation of ‘‘homeland se- materials in the U.S. Courts of Appeals.’’ and all information relating to sources and curity information that is sensitive but un- The statement further indicated that the methods. classified.’’ On July 29, 2003, the President section would create a burdensome review The statute stipulates that: ‘‘each of the assigned this responsibility largely to the process’’ for the Secretary of Homeland Se- congressional intelligence committees shall Secretary of Homeland Security. Nothing re- curity and would result in different statu- promptly call to the attention of its respec- sulted. The importance of information shar- tory requirements being applied to SSI pro- tive House, or to any appropriate committee ing was reinforced two years later in the re- grams administered by the Departments of or committees of its respective House, any port of the Commission on the Intelligence Homeland Security and Transportation.’’ matter relating to intelligence activities re- Capabilities of the United States Regarding quiring the attention of such House or such Weapons of Mass Destruction. Congress CONGRESSIONAL RESEARCH SERVICE, committee or committees. again responded by mandating the creation Washington, DC., September 14, 2006. This provision was included in statute of an Information Sharing Environment From: Alfred Cumming, Specialist in Intel- after being specifically requested in a letter (ISE) when legislating the Intelligence Re- ligence and National Security, Foreign from then Senate Foreign Relations Chair- form and Terrorism Prevention Act of 2004. Affairs, Defense, and Trade Division. man Frank Church and Ranking Minority Preparatory to implementing the ISE provi- Subject: Congressional Oversight of Intel- Member Jacob Javits in an Apr. 30, 1980 let- sions, the President issued a December 16, ligence. ter to then-intelligence committee Chairman 2005, memorandum recognizing the need for This memorandum examines the intel- Birch Bayh and Vice Chairman Barry Gold- standardized procedures for SBU information ligence oversight structure established by water. and directing department and agency offi- Congress in the 1970s, including the creation INTELLIGENCE COMMITTEE OBLIGATIONS UNDER cials to take certain actions relative to that of the congressional select intelligence com- RESOLUTION objective. In May 2006, the newly appointed mittees by the U.S. House of Representatives In an apparent effort to address various manager of the ISE agreed with a March and the Senate, respectively. It also looks at concerns relating to committee jurisdiction, GAO assessment that, oftentimes, SBU infor- the intelligence oversight role that Congress the House of Representatives and the Senate, mation, designated as such with some mark- reserved for congressional committees other in the resolutions establishing each of the ing, was not being shared due to concerns than the intelligence committees; examines intelligence committees, included language about the ability of recipients to adequately certain existing statutory procedures that preserving oversight roles for those standing protect it. In brief, it appears that pseudo- govern how the executive branch is to keep committees with jurisdiction over matters classification markings have, in some in- the congressional intelligence committees affected by intelligence activities. stances, had the effect of deterring informa- informed of U.S. intelligence activities; and Specifically, each intelligence committee’s tion sharing for homeland security purposes. looks at the circumstances under which the resolution states that: ‘‘Nothing in this Congressional overseers have probed execu- two intelligence committees are expected to [Charter] shall be construed as prohibiting or tive use and management of information keep congressional standing committees, as otherwise restricting the authority of any control markings other than those pre- well as both chambers, informed of intel- other committee to study and review any in- scribed for the classification of national se- ligence activities. telligence activity to the extent that such curity information, and the extent to which If can be of further assistance, please call activity directly affects a matter otherwise they result in ‘‘pseudo-classification’’ or a at 707–7739. within the jurisdiction of such committee.’’
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S91 Both resolutions also stipulate that: S. 82 for a record made available for conducting Nothing in this [charter] shall be construed Be it enacted by the Senate and House of Rep- an audit under paragraph (1) as is required of as amending, limiting, or otherwise changing resentatives of the United States of America in the head of the element of the intelligence the authority of any standing committee of Congress assembled, community from which it is obtained. Offi- the [House/Senate] to obtain full and prompt SECTION 1. SHORT TITLE. cers and employees of the Government Ac- access to the product of the intelligence ac- This Act may be cited as the ‘‘Intelligence countability Office are subject to the same tivities of any department or agency of the Community Audit Act of 2007’’. statutory penalties for unauthorized disclo- Government relevant to a matter otherwise SEC. 2. COMPTROLLER GENERAL AUDITS AND sure or use as officers or employees of the in- within the jurisdiction of such committee. EVALUATIONS OF ACTIVITIES OF telligence community element that provided ELEMENTS OF THE INTELLIGENCE the Comptroller General or officers and em- Finally, both charters direct that each in- COMMUNITY. ployees of the Government Accountability telligence committee alert the appropriate (a) REAFFIRMATION OF AUTHORITY; AUDITS Office with access to such records. standing committees, or the respective OF INTELLIGENCE COMMUNITY ACTIVITIES.— ‘‘(B) All workpapers of the Comptroller chambers, of any matter requiring attention. Chapter 35 of title 31, United States Code, is General and all records and property of any The charters state: amended by inserting after section 3523 the element of the intelligence community that The select committee, for the purposes of following: the Comptroller General uses during an accountability to the [House/Senate] shall ‘‘§ 3523a. Audits of intelligence community; audit or evaluation under paragraph (1) shall make regular and periodic reports to the audit requesters remain in facilities provided by that element [House/Senate] on the nature and extent of ‘‘(a) In this section, the term ‘element of of the intelligence community. Elements of the intelligence activities of the various de- the intelligence community’ means an ele- the intelligence community shall give the partments and agencies of the United States. ment of the intelligence community speci- Comptroller General suitable and secure of- Such committee shall promptly call to the fied in or designated under section 3(4) of the fices and furniture, telephones, and access to attention of the [House/Senate] or to any National Security Act of 1947 (50 U.S.C. copying facilities, for purposes of audits and other appropriate committee or committees 401a(4)). evaluations under paragraph (1). of the [House/Senate] any matters requiring ‘‘(b) Congress finds that— ‘‘(C) After consultation with the Select the attention of the [House/Senate] or such ‘‘(1) the authority of the Comptroller Gen- Committee on Intelligence of the Senate and other appropriate committee or committees. eral to perform audits and evaluations of fi- with the Permanent Select Committee on In- nancial transactions, programs, and activi- telligence of the House of Representatives, CROSS-OVER MEMBERSHIP ties of elements of the intelligence commu- the Comptroller General shall establish pro- Both resolutions also direct that the mem- nity under sections 712, 717, 3523, and 3524, cedures to protect from unauthorized disclo- bership of each intelligence committee in- and to obtain access to records for purposes sure all classified and other sensitive infor- clude members who serve on the four stand- of such audits and evaluations under section mation furnished to the Comptroller General ing committees that historically have been 716, is reaffirmed; and or any representative of the Comptroller involved in intelligence oversight. The re- ‘‘(2) such audits and evaluations may be re- General for conducting an audit or evalua- spective resolutions designate the following quested by any committee of jurisdiction tion under paragraph (1). committees as falling in this category: Ap- (including the Committee on Homeland Se- ‘‘(D) Before initiating an audit or evalua- propriations, Armed Services, Judiciary, and curity of the House of Representatives and tion under paragraph (1), the Comptroller the Senate Foreign Relations Committee the Committee on Homeland Security and General shall provide the Director of Na- and the House International Relations Com- Governmental Affairs of the Senate), and tional Intelligence and the head of the rel- mittee. may include matters relating to the manage- evant element with the name of each officer Although each resolution directs that such ment and administration of elements of the and employee of the Government Account- cross-over members be designated, neither intelligence community in areas such as ability Office who has obtained appropriate specifies whether cross-over members are to strategic planning, financial management, security clearance and to whom, upon proper play any additional role beyond serving on information technology, human capital, identification, records, and information of the intelligence committees. For example, knowledge management, information shar- the element of the intelligence community neither resolution outlines whether cross- ing (including information sharing by and shall be made available in conducting the over members are to inform colleagues on with the Department of Homeland Security), audit or evaluation. standing committees they represent. Rather, and change management. ‘‘(d) Elements of the intelligence commu- each resolution directs only that the ‘‘intel- ‘‘(c)(1) The Comptroller General may con- nity shall cooperate fully with the Comp- ligence committee’’ shall promptly call such duct an audit or evaluation of intelligence troller General and provide timely responses matters to the attention of standing com- sources and methods or covert actions only to Comptroller General requests for docu- mittees and the respective chambers if the upon request of the Select Committee on In- mentation and information. ‘‘(e) Nothing in this section or any other committees determine that they require fur- telligence of the Senate or the Permanent provision of law shall be construed as re- ther attention by those entities. Select Committee on Intelligence of the House of Representatives, or the majority or stricting or limiting the authority of the SUMMARY CONCLUSIONS the minority leader of the Senate or the Comptroller General to audit and evaluate, Although the President is statutorily obli- House of Representatives. or obtain access to the records of, elements gated to keep the congressional intelligence ‘‘(2)(A) Whenever the Comptroller General of the intelligence community absent spe- committees fully and currently informed of conducts an audit or evaluation under para- cific statutory language restricting or lim- intelligence activities, the statute obligates graph (1), the Comptroller General shall pro- iting such audits, evaluations, or access to the intelligence committees to inform the vide the results of such audit or evaluation records.’’. respective chambers, or standing commit- only to the original requestor, the Director (b) TECHNICAL AND CONFORMING AMEND- tees, of such activities, if either of the two of National Intelligence, and the head of the MENT.—The table of sections for chapter 35 of committees determine that further oversight relevant element of the intelligence commu- title 31, United States Code, is amended by attention is required. nity. inserting after the item relating to section ‘‘(B) The Comptroller General may only 3523 the following: Further, resolutions establishing the two provide information obtained in the course intelligence committees make clear that the of an audit or evaluation under paragraph (1) ‘‘3523a. Audits of intelligence community; intelligence committees share intelligence to the original requestor, the Director of Na- audits and requesters.’’. oversight responsibilities with other stand- tional Intelligence, and the head of the rel- ing committees, to the extent that certain evant element of the intelligence commu- By Mr. MCCAIN (for himself, Ms. intelligence activities affect matters that nity. fall under the jurisdiction of a committee SNOWE, Mr. BIDEN, and Mr. ‘‘(3)(A) Notwithstanding any other provi- LIEBERMAN): other than the intelligence committees. sion of law, the Comptroller General may in- Finally, the resolutions establishing the S. 83. A bill to provide increased rail spect records of any element of the intel- transportation security; to the Com- intelligence committees provide for the des- ligence community relating to intelligence ignation of ‘‘cross-over’’ members rep- sources and methods, or covert actions in mittee on Commerce, Science, and resenting certain standing committees that order to conduct audits and evaluations Transportation. played a role in intelligence oversight prior under paragraph (1). Mr. MCCAIN. Mr. President, I am to the establishment of the intelligence com- ‘‘(B) If in the conduct of an audit or eval- pleased to be joined today by Senators mittees in the 1970s. The resolutions, how- uation under paragraph (1), an agency record SNOWE, BIDEN, AND LIEBERMAN in intro- ever, do not specify what role, if any, these is not made available to the Comptroller ducing the Rail Security Act of 2007. ‘‘cross-over’’ members play in keeping stand- General in accordance with section 716, the This legislation is nearly identical to ing committees on which they serve in- Comptroller General shall consult with the the rail security measures approved by formed of certain intelligence activities. original requestor before filing a report Rather, each resolution states that the re- under subsection (b)(1) of that section. the Senate during both the 108th and spective intelligence committee shall make ‘‘(4)(A) The Comptroller General shall 109th Congresses. Unfortunately, the that determination. maintain the same level of confidentiality House of Representatives has yet to act
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S92 CONGRESSIONAL RECORD — SENATE January 4, 2007 on rail security legislation. I remain mously by the Senate in 2005. I remain rules and practices. Because a powerful hopeful that rail security will be made committed to moving the Professional few benefit greatly from the current a top priority for the 110th Congress. Boxing Amendments Act through the system of patchwork compliance and We have taken important steps and Senate and I trust that my colleagues enforcement of Federal boxing law, a expended considerable resources to se- will once again vote favorably on this national self-regulating organization cure the homeland since 9/11. I think important legislation. Simply put, this though preferable to Federal govern- all would agree that air travel is safer legislation would better protect profes- ment oversight is not a realistic op- than it was five years ago. And, we sional boxing from the fraud, corrup- tion. have worked to address port security in tion, and ineffective regulation that This bill would establish the United a comprehensive manner. However, we have plagued the sport for far too States Boxing Commission, USBC or need to do more to better secure other many years, and that have devastated Commission. The Commission would be transportation modes, a fact well docu- physically and financially many of our responsible for protecting the health, mented by the 9/11 Commission. Unfor- Nation’s professional boxers. safety, and general interests of profes- tunately, only relatively modest re- For almost a decade, Congress has sional boxers. The USBC would also be sources have been dedicated to rail se- made efforts to improve the sport of responsible for ensuring uniformity, curity in recent years. As a result, our professional boxing and for very good fairness, and integrity in professional Nation’s transit system, Amtrak, and reason. With rare exception, profes- boxing. More specifically, the Commis- the freight railroads remain vulnerable sional boxers come from the lowest sion would administer Federal boxing to terrorist attacks. rung on our economic ladder. Often law and coordinate with other Federal The Rail Security Act would author- they are the least educated and most regulatory agencies to ensure that this ize a total of almost $1.2 billion dollars exploited athletes in our nation. The law is enforced; oversee all professional for rail security. More than half of this Professional Boxing Safety Act of 1996 boxing matches in the United States; funding would be authorized to com- and the Muhammad Ali Boxing Reform and work with the boxing industry and plete tunnel safety and security im- Act of 2000 established uniform health local commissions to improve the safe- provements at New York’s Penn Sta- and safety standards for professional ty, integrity, and professionalism of tion, which is used by over 500,000 tran- boxers, as well as basic protections for professional boxing in the United sit, commuter, and intercity pas- boxers against the sometimes coercive, States. sengers each workday. The legislation exploitative, and unethical business The USBC would also license boxers, would also establish a grant program practices of promoters, managers, and promoters, managers, and sanctioning to encourage security enhancements by sanctioning organizations. But further organizations. The Commission would the freight railroads, Amtrak, shippers action is needed. have the authority to revoke such a li- of hazardous materials, and local gov- The Professional Boxing Amend- cense for violations of Federal boxing ernments with responsibility for pas- ments Act would strengthen existing law, to stop unethical or illegal con- senger stations. It would help to ad- Federal boxing law by improving the duct, to protect the health and safety dress identified security weaknesses in basic health and safety standards for of a boxer, or if the revocation is other- a manner that also seeks to protect the professional boxers, establishing a cen- wise in the public interest. tralized medical registry to be used by taxpayers’ interests. Mr. President, it is important to As we continue fight the War on Ter- local commissions to protect boxers, state clearly and plainly for the record ror, we need to do all we can to address reducing the arbitrary practices of that the purpose of the USBC is not to our vulnerabilities. We have witnessed sanctioning organizations, and enhanc- interfere with the daily operations of the tragic attacks on rail systems in ing the uniformity and basic standards State and tribal boxing commissions. other countries, including the cities of for professional boxing contracts. Most Instead, the Commission would work in London, Mumbai and Madrid, and the importantly, this legislation would es- consultation with local commissions, devastating consequences of those at- tablish a Federal regulatory entity to and it would only exercise its author- tacks. It is essential that we move ex- oversee professional boxing and set ity when reasonable grounds exist for peditiously to protect all the modes of basic uniform standards for certain as- such intervention. In point of fact, the transportation from potential attack, pects of the sport. Professional Boxing Amendments Act and this legislation will help to do just Current law has improved to some states explicitly that it would not pro- that. extent the state of professional boxing. hibit any boxing commission from ex- As I mentioned earlier, the Senate However, I remain concerned, as do ercising any of its powers, duties, or has consistently supported legislation many others, that the sport remains at functions with respect to the regula- to promote rail security. Most re- risk. In 2003, the Government Account- tion or supervision of professional box- cently, rail security provisions were ability Office (GAO) spent more than ing to the extent not inconsistent with adopted last Fall as part of the port se- six months studying ten of the coun- the provisions of Federal boxing law. curity legislation. But again, the try’s busiest State and tribal boxing House failed to allow these important commissions. Government auditors Let there be no doubt, however, of security provisions to move ahead, and found that many State and tribal box- the very basic and pressing need in pro- the provisions were stripped from the ing commissions still do not comply fessional boxing for a Federal boxing conference agreement. As a result, our with Federal boxing law, and that commission. The establishment of the rail network continues to remain vul- there is a troubling lack of enforce- USBC would address that need. The nerable to terrorist attack. That is un- ment by both Federal and State offi- problems that plague the sport of pro- acceptable in my judgement. cials. fessional boxing undermine the credi- I urge the Senate to move quickly to Ineffective and inconsistent over- bility of the sport in the eyes of the again pass this important legislation. sight of professional boxing has con- public and—more importantly—com- tributed to the continuing scandals, promise the safety of boxers. The Pro- Mr. MCCAIN (for himself, Mr. controversies, unethical practices, and fessional Boxing Amendments Act pro- STEVENS, and Mr. DORGAN): unnecessary deaths in the sport. These vides an effective approach to curbing S. 84. A bill to establish a United problems have led many in professional these problems. I urge my colleagues to States Boxing Commission to admin- boxing to conclude that the only solu- support this legislation. ister the Act, and for other purposes; to tion is an effective and accountable the Committee on Commerce, Science, Federal boxing commission. The Pro- By Mr. MCCAIN (for himself, Mr. and Transportation. fessional Boxing Amendments Act DORGAN, Mr. BAUCUS. Mr. Mr. MCCAIN. Mr. President, today I would create such an entity. GRASSLEY, Mr. REID, Mrs. FEIN- am pleased to be joined by Senators Professional boxing remains the only STEIN, and Mr. FEINGOLD): STEVENS and DORGAN in introducing major sport in the United States that S. 85. A bill to amend the Omnibus the Professional Boxing Amendments does not have a strong, centralized as- Crime Control and Safe Streets Act of Act of 2007. This legislation is virtually sociation, league, or other regulatory 1968 to clarify that territories and In- identical to a measure approved unani- body to establish and enforce uniform dian tribes are eligible to receive
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S93 grants for confronting the use of meth- people linked to methamphetamine being introduced today by Congress- amphetamine; to the Committee on the use. Following our hearings, I was man RENZI and other members of the Judiciary. pleased to work with Senators DORGAN, Arizona congressional delegation. Mr. MCCAIN. Mr. President, today I SESSIONS, BINGAMAN and others in im- Fossil Creek is a thing of beauty. am introducing the Indian Tribes proving upon our legislation to assist With its picturesque scenery, lush ri- Methamphetamine Reduction Grants Indian Country in fighting this terrible parian ecosystem, unique geological Act of 2007. This bill is identical to S. drug crisis. features, and deep iridescent blue pools 4113, a bipartisan measure that was To avoid any potential misinter- and waterfalls, this tributary to the passed by unanimous consent in the pretation of the intent of this legisla- Wild and Scenic Verde River and Lower Senate on December 8, 2006, the last tion, this bill includes language devel- Colorado River Watershed stretches 14 day of the 109th Congress. The legisla- oped and agreed to during the last Con- miles through east central Arizona. It tion would allow Indian tribes to be eli- gress that is designed to clarify the in- is home to a wide variety of wildlife, gible for funding through the Depart- tent of the bill. This clarifying lan- some of which are threatened or endan- ment of Justice to eradicate the guage, provided in section 2(a)(4) of the gered species. Over 100 bird species in- scourge of methamphetamine use, sale bill, is intended to make it clear that habit the Fossil Creek area and use it and manufacture in Native American by authorizing the Department of Jus- to migrate between the range lowlands communities. I am pleased to be joined tice’s Bureau of Justice Assistance to and the Mogollon-Colorado Plateau by Senators DORGAN, BAUCUS, GRASS- award grant funds to a state, territory highlands. Fossil Creek also supports a LEY, REID, FEINSTEIN, and FEINGOLD in or Indian tribe to ‘‘investigate, arrest variety of aquatic species and is one of introducing this important legislation. and prosecute individuals’’ involved in the few perennial streams in Arizona The impacts of methamphetamine illegal methamphetamine activities, with multiple native fish. use on communities across the Nation the legislation does not somehow au- Fossil Creek was named in the 1800’s are well known and cannot be over- thorize a grantee state, territory or In- when early explorers described the fos- stated. Methamphetamine is the lead- dian tribe to pursue law enforcement sil-like appearance of creek-side rocks ing drug-related law enforcement prob- activities that it otherwise has no ju- and vegetation coated with calcium lem in the country. Unfortunately, the risdiction to pursue. And similarly, carbonate deposits from the creek’s meth crisis is affecting Indian Country this provision also clarifies that an water. In the early 1900’s, pioneers rec- most severely. Very serious concerns award or denial of a grant by the Bu- ognized the potential for hydroelectric have been raised by the U.S. Depart- reau of Justice Assistance does not power generation in the creek’s con- ment of Justice, States, and other non- somehow allow a state, territory or In- stant and abundant spring fed base- tribal law enforcement agencies over dian tribe to pursue law enforcement flow. They claimed the channel’s water the rapidly growing levels of meth- activities that it otherwise lacks juris- rights and built a dam system and gen- amphetamine production and traf- diction to pursue. For example, a law erating facilities known as the Childs- ficking on reservations with large geo- enforcement agency in one state, terri- Irving hydro-project. Over time, the graphic areas or tribes adjacent to the tory or Indian reservation is not some- project was acquired by Arizona Public U.S.-Mexico border. But because of the how enabled by this section, or by an Service (APS), one of the state’s larg- sovereign status of the tribes, crimi- award made pursuant to this section, est eclectic utility providers serving nals are generally not subject to state to prosecute a methamphetamine more than a million Arizonans. Be- jurisdiction in many cases. As a result, crime arising in some other jurisdic- cause Childs-Irving produced less then local law enforcement often has no ju- tion unless that agency already has half of 1 percent of the total power gen- risdiction in Indian country, and tribal such jurisdiction. erated by APS, the decision was made law enforcement agencies bear the The legislation further clarifies that ultimately to decommission the aging brunt of most law enforcement func- authority under the bill to award dam and restore Fossil Creek to its tions. grants would have no effect beyond pre-settlement conditions. The problem of meth in Indian coun- simply authorizing, awarding or deny- APS has partnered with various envi- try, which the National Congress of ing a grant of funds to a state, terri- ronmental groups, federal land man- American Indians identified last year tory or Indian tribe. So, for example, if agers, and state, tribal and local gov- as its top priority, is ubiquitous, and a state, territory or Indian tribe is ernments to safely remove the Childs- has strained already overburdened law awarded or denied a grant of funds Irving power generating facilities and enforcement, health, social welfare, under this section, that award or de- restore the riparian ecosystem. In 2005, housing, and child protective and nial has no relevance to or effect on APS removed the dam system and re- placement services on Indian reserva- the eligibility of the state, territory or turned full flows to Fossil Creek. Re- tions. Last year a former tribal judge Indian tribe to participate in any other searchers predict Fossil Creek will on the Wind River Reservation in Wyo- program or activity unrelated to the soon become a fully regenerated South- ming pled guilty to conspiracy to dis- award or denial of grants as permitted west native fishery providing a most- tribute methamphetamine and other under this legislation. The award or de- valuable opportunity to reintroduce at drugs. The day before, the Navajo Na- nial of a grant under this subsection, in least six Threatened and Endangered tion police arrested an 81 year old other words, is relevant only to the native fish species as well as rebuild grandmother, her daughter, and her award or denial of the grant under this the native populations presently living granddaughter, for selling meth. One subsection, and nothing else. in the creek. tribe in Arizona had over 60 babies born The measure I am introducing today There is a growing need to provide with meth in their systems. In 2005, the takes but a small step on the long jour- additional protection and adequate National Indian Housing Council ex- ney toward our fight against meth- staffing and management at Fossil panded its training for dealing with amphetamine. I encourage my col- Creek. Recreational visitation to the meth in tribal housing: the average leagues to support it. riverbed is expected to increase dra- cost of decontaminating a single resi- matically, and by the Forest Service’s dence that has been used a meth lab is By Mr. MCCAIN (for himself and own admission, they aren’t able to $10,000. Mr. KYL): manage current levels of visitation or During the 109th Congress, as the S. 86. A bill to designate segments of the pressures of increased use. While Chairman of the Senate Indian Affairs Fossil Creek, a tributary to the Verde responsible recreation and other activi- Committee, I held hearings on this se- River in the State of Arizona, as wild ties at Fossil Creek are to be encour- rious matter. Committee witnesses tes- and scenic rivers; to the Committee on aged, we must also ensure the long- tified that the methamphetamine epi- Energy and Natural Resources. term success of the ongoing restoration demic in Indian country has contrib- Mr. MCCAIN. Mr. President, I am efforts. Designation under the Wild and uted to a rise in child abuse and ne- please to be joined by my colleague, Scenic Rivers Act would help to ensure glect cases, among other social ills, Senator KYL, in reintroducing a bill to the appropriate level of protection and and some tribes reported dramatic in- designate Fossil Creek as a Wild and resources are devoted to Fossil Creek. creases in suicide rates among young Scenic River. A companion measure is Already, Fossil Creek has been found
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S94 CONGRESSIONAL RECORD — SENATE January 4, 2007 eligible for Wild and Scenic designa- age of 21. Through expanding the pro- S. 95 tion by the Forest Service and the pro- grams that work, such as Medicaid and Be it enacted by the Senate and House of Rep- posal has widespread support from sur- SCHIP, we can cover all eleven million resentatives of the United States of America in rounding communities. All of the lands children uninsured children. Congress assembled, potentially affected by a designation Insuring children improves their SECTION 1. SHORT TITLE; TABLE OF CONTENTS. are owned and managed by the Forest health and helps families cover the spi- (a) SHORT TITLE.—This Act may be cited as Service and will not affect private raling costs of insuring them. Covering the ‘‘Kids Come First Act of 2007’’. all kids will reduce avoidable hos- (b) TABLE OF CONTENTS.—The table of con- property owners. tents of this Act is as follows: Fossil Creek is a unique Arizona pitalizations by 22 percent and replace treasure, and would benefit greatly expensive critical care with inexpen- Sec. 1. Short title; table of contents. Sec. 2. Findings. from the protection and recognition of- sive preventative care. Also, when chil- dren get the medical attention they TITLE I—EXPANDED COVERAGE OF fered through Wild and Scenic designa- CHILDREN UNDER MEDICAID AND SCHIP tion. I urge my colleagues to support need, they pay much better attention in the classroom and studies show their Sec. 101. State option to receive 100 percent this bill. FMAP for medical assistance performance improves. for children in poverty in ex- By Mr. KERRY (for himself, Mr. To pay for the expansion of health in- change for expanded coverage KENNEDY, Ms. CANTWELL, Ms. surance for children, the Kids Come of children in working poor LANDRIEU, Mr. LAUTENBERG, First Act includes a provision that pro- families under Medicaid or and Mrs. MURRAY): vides the Secretary of Treasury with SCHIP. S. 95. A bill to amend titles XIX and the authority to raise the highest in- Sec. 102. Elimination of cap on SCHIP fund- XXI of the Social Security Act to en- come tax rate of 35 percent to a rate ing for States that expand eligi- sure that every uninsured child in not higher than 39.6 percent in order to bility for children. America has health insurance cov- offset the costs. Prior to the enactment TITLE II—STATE OPTIONS FOR INCRE- erage, and for other purposes; to the of the Economic Growth and Tax Relief MENTAL CHILD COVERAGE EXPAN- SIONS Committee on Finance. Act Reconciliation Act of 2001, the top Mr. KERRY. Mr. President, today the marginal rate was 39.6 percent. Less Sec. 201. State option to provide wrap- around SCHIP coverage to chil- first bill I am introducing in the 110th than one percent of taxpayers pay the Congress is the Kids Come First Act, dren who have other health cov- top rate and for 2007, this rate only af- erage. legislation that would ensure every fects individual with income above Sec. 202. State option to enroll low-income child in America has health care cov- $349,700. children of State employees in erage. The Kids Come First Act was The health care of our children is a SCHIP. also the first bill I introduced in the priority that we must address and it Sec. 203. Optional coverage of legal immi- 109th Congress and I feel just as strong- can be done in a fiscally responsible grant children under Medicaid ly today as I did at the beginning of manner. I will continue to work to find and SCHIP. the last Congress that insuring all chil- Sec. 204. State option for passive renewal of ways to offset the cost of my proposal. eligibility for children under dren must be a top agenda item. In the The wealthiest of all Americans do not Medicaid and SCHIP. two years since I last introduced this need a tax cut when 11 million children TITLE III—TAX INCENTIVES FOR bill, the problem of uninsured children do not even have health insurance. HEALTH INSURANCE COVERAGE OF in this nation has actually worsened. President Bush has called for this rate CHILDREN The 110th Congress faces many chal- cut to be made permanent, but I be- Sec. 301. Refundable credit for health insur- lenges, from the war in Iraq to lob- lieve it would be a better use of our re- ance coverage of children. bying reform. But perhaps no issue sources to invest in our future by im- Sec. 302. Forfeiture of personal exemption bears more directly on the lives of proving health care for children. for any child not covered by more Americans than health care re- Since I first introduced the Kids health insurance. form. Today 47 million Americans are Come First Act in the 109th Congress, TITLE IV—MISCELLANEOUS uninsured, including 11 million under more than 500,000 people have shown Sec. 401. Requirement for group market age 21. Health care has become a slow- their support for the bill by becoming health insurers to offer depend- motion Katrina that is ruining lives Citizen Cosponsors and another 20,000 ent coverage option for workers and bankrupting families all over the Americans called into our ‘‘Give Voices with children. country. We cannot stand by as the to Our Values’’ hotline to share their Sec. 402. Effective date. ranks of the uninsured rise and Amer- personal stories. In addition, a coali- TITLE V—REVENUE PROVISION ican families find themselves in peril. tion of 24 non-profit organizations rep- Sec. 501. Partial repeal of rate reduction in A recent Census Bureau report re- resenting 20 million people from across the highest income tax bracket. vealed that for the first time in almost the country have endorsed Kids Come SEC. 2. FINDINGS. a decade the number of uninsured chil- First, including the National Associa- Congress makes the following findings: dren increased. In 2005 there were tion of Children’s Hospitals, the Amer- (1) NEED FOR UNIVERSAL COVERAGE.— 361,000 children under the age of 18 (A) Currently, there are 9,000,000 children ican Academy of Pediatrics, the Amer- under the age of 19 that are uninsured. One added to the uninsured rolls. And the ican Academy of Family Physicians, out of every 8 children are uninsured while 1 number of Americans without health March of Dimes, the Small Business in 5 Hispanic children and 1 in 7 African care continues to rise. Service Bureau, AFL–CIO, SEIU, and American children are uninsured. Three- The Kids Come First Act calls for a AFSCME. quarters, approximately 6,800,000, of these Federal-State partnership to mandate It is clear that providing health care children are eligible but not enrolled in the health coverage to every child in coverage for our uninsured children is Medicaid program or the State Children’s America. The proposal makes the a priority for our nation’s workers, Health Insurance Program (SCHIP). Long- states an offer they can’t refuse. The businesses, and health care commu- range studies found that 1 in 3 children went federal government will pay for the without health insurance for all or part of nity. They know, as I do, that further 2002 and 2003. most expensive part: enrolling all low- delay only results in graver health (B) Low-income children are 3 times as income children in Medicaid, automati- problems for America’s children. Their likely as children in higher income families cally. The states will pay to expand future, and ours, depends on us doing to be uninsured. It is estimated that 65 per- coverage to higher income children. In better. I urge my colleagues to support cent of uninsured children have at least 1 the end, states across the country will and help enacting the Kids Come First parent working full time over the course of save more than $6 billion a year, and Act of 2007 during this Congress. the year. every child will have health care. I ask unanimous consent that the (C) It is estimated that 50 percent of all It is totally unacceptable that, in the legal immigrant children in families with in- text of the Kids Come First Act of 2007 come that is less than 200 percent of the Fed- greatest country in the world, millions be printed in the RECORD. eral poverty line are uninsured. In States of children are not getting the health There being no objection, the text of without programs to cover immigrant chil- care they need. The Kids Come First the bill was ordered to be printed in dren, 57 percent of noncitizen children are Act expands coverage for children up to the RECORD, as follows: uninsured.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S95 (D) Children in the Southern and Western programs. In addition, 8 States stopped en- children whose family income exceeds the parts of the United States were nearly 1.7 rollment in SCHIP for a period of time be- medicaid applicable income level (as defined times more likely to be uninsured than chil- tween April 2003 and July 2004. As a result, in section 2110(b)(4) but by substituting ‘Jan- dren in the Northeast. In the Northeast, 9.4 SCHIP enrollment fell by 200,000 children for uary 1, 2007’ for ‘March 31, 1997’), but does percent of children are uninsured while in the first time in the program’s history. not exceed 300 percent of the poverty line. the Midwest, 8.3 percent are uninsured. The (G) It is estimated that nearly 50 percent ‘‘(B) STATE OPTION TO EXPAND COVERAGE South’s rate of uninsured children is 14.3 per- of children covered through SCHIP do not re- THROUGH SUBSIDIZED PURCHASE OF FAMILY cent while the West has an uninsured rate of main in the program due to reenrollment COVERAGE.—A State may elect to carry out 13 percent. barriers. A recent study found that between subparagraph (A) through the provision of (E) Children’s health care needs are ne- 10 and 40 percent of these children are ‘‘lost’’ assistance for the purchase of dependent cov- glected in the United States. One out of in the system. Difficult renewal policies and erage under a group health plan or health in- every 5 children has problems accessing reenrollment barriers make seamless cov- surance coverage if— needed care and one-quarter of young chil- erage in SCHIP unattainable. Studies indi- ‘‘(i) the dependent coverage is consistent dren in the United States are not fully up to cate that as many as 67 percent of children with the benefit standards under this title or date on their basic immunizations. One-third who were eligible but not enrolled for SCHIP title XXI, as approved by the Secretary; and of children with chronic asthma do not get a had applied for coverage but were denied due ‘‘(ii) the State provides ‘wrap-around’ cov- prescription for the necessary medications to to procedural issues. erage under this title or title XXI. manage the disease and 1 out of every 4 chil- (H) While the Medicaid program and ‘‘(C) DEEMED SATISFACTION FOR CERTAIN dren do not receive annual dental exams. SCHIP expansions to date have done much to STATES.—A State that, as of January 1, 2007, (F) Children without health insurance are offset what otherwise would have been a sig- provides medical assistance under this title twice as likely as insured children to not re- nificant loss of coverage among children be- or child health assistance under title XXI to ceive any medical care in a given year. Ac- cause of declining access to employer cov- children whose family income is 300 percent cording to the Centers for Disease Control erage, the shortcomings of previous expan- of the poverty line shall be deemed to satisfy and Prevention, nearly 1⁄2 of all uninsured sions, such as the failure to enroll all eligible this paragraph. children have not had a well-child visit in children and caps on enrollment in SCHIP ‘‘(2) COVERAGE FOR CHILDREN UNDER AGE the past year. One in 6 uninsured children because of under-funding, also are clear. 21.—The State agrees to define a child for had a delayed or unmet medical need in the purposes of this title and title XXI as an in- past year. Minority children are less likely TITLE I—EXPANDED COVERAGE OF dividual who has not attained 21 years of to receive proven treatments such as pre- CHILDREN UNDER MEDICAID AND SCHIP age. scription medications to treat chronic dis- SEC. 101. STATE OPTION TO RECEIVE 100 PER- ‘‘(3) OPPORTUNITY FOR HIGHER INCOME CHIL- ease. CENT FMAP FOR MEDICAL ASSIST- DREN TO PURCHASE SCHIP COVERAGE.—The (G) There are 7,600,000 young adults be- ANCE FOR CHILDREN IN POVERTY State agrees to permit any child whose fam- IN EXCHANGE FOR EXPANDED COV- tween the ages of 19 and 20. In the United ERAGE OF CHILDREN IN WORKING ily income exceeds 300 percent of the poverty States, approximately 28 percent, or 2,100,000 POOR FAMILIES UNDER MEDICAID line to purchase full or ‘wrap-around’ cov- individuals, of this group are uninsured. OR SCHIP. erage under title XXI at the full cost of pro- (H) Chronic illness and disability among (a) STATE OPTION.—Title XIX of the Social viding such coverage, as determined by the children are on the rise. Children most at Security Act (42 U.S.C. 1396 et seq.) is State. risk for chronic illness and disability are amended by redesignating section 1939 as ‘‘(4) COVERAGE FOR LEGAL IMMIGRANT CHIL- children who are most likely to be poor and section 1940, and by inserting after section DREN.—The State agrees to— uninsured. 1938 the following: ‘‘(A) provide medical assistance under this (2) ROLE OF THE MEDICAID AND STATE CHIL- title and child health assistance under title ‘‘STATE OPTION FOR INCREASED FMAP FOR MED- DREN’S HEALTH INSURANCE PROGRAMS.— XXI for alien children who are lawfully re- ICAL ASSISTANCE FOR CHILDREN IN POVERTY (A) The Medicaid program and SCHIP serve siding in the United States (including bat- IN EXCHANGE FOR EXPANDED COVERAGE OF as a crucial health safety net for 30,000,000 tered aliens described in section 431(c) of the children. During the recent economic down- CHILDREN IN WORKING POOR FAMILIES UNDER Personal Responsibility and Work Oppor- turn and the highest number of uninsured in- THIS TITLE OR TITLE XXI tunity Reconciliation Act of 1996) and who dividuals ever recorded in the United States, ‘‘SEC. 1939. (a) 100 PERCENT FMAP.— are otherwise eligible for such assistance in the Medicaid program and SCHIP offset ‘‘(1) IN GENERAL.—Notwithstanding any accordance with section 1903(v)(4) and losses in employer-sponsored coverage. While other provision of this title, in the case of a 2107(e)(1)(F); and the number of children living in low-income State that, through an amendment to each ‘‘(B) not establish or enforce barriers that families increased between 2000 and 2005, the of its State plans under this title and title deter applications by such aliens, including number of uninsured children fell due to the XXI (or to a waiver of either such plan), through the application of the removal of Medicaid program and SCHIP. agrees to satisfy the conditions described in the barriers described in subsection (c). (B) 28,000,000 children are enrolled today in subsections (b), (c), and (d), the Federal med- ‘‘(c) REMOVAL OF ENROLLMENT AND ACCESS the Medicaid program, accounting for 1⁄2 of ical assistance percentage shall be 100 per- BARRIERS.—The condition described in this all enrollees and only 18 percent of total pro- cent with respect to the total amount ex- subsection is that the State agrees to do the gram costs. pended by the State for providing medical following: (C) The Medicaid program and SCHIP do assistance under this title for each fiscal ‘‘(1) PRESUMPTIVE ELIGIBILITY FOR CHIL- more than just fill in the gaps. Gains in pub- year quarter beginning on or after the date DREN.—The State agrees to— lic coverage have reduced the percentage of described in subsection (e) for children whose ‘‘(A) provide presumptive eligibility for low-income uninsured children by 1⁄3 from family income does not exceed 100 percent of children under this title and title XXI in ac- 1997 to 2005. In addition, a study found that the poverty line. cordance with section 1920A; and publicly-insured children are more likely to ‘‘(2) LIMITATION ON SCOPE OF APPLICATION ‘‘(B) treat any items or services that are obtain medical care, preventive care, and OF INCREASE.—The increase in the Federal provided to an uncovered child (as defined in dental care than similar low-income pri- medical assistance percentage for a State section 2110(c)(8)) who is determined ineli- vately-insured children. under this section shall apply only with re- gible for medical assistance under this title (D) Publicly funded programs such as the spect to the total amount expended for pro- as child health assistance for purposes of Medicaid program and SCHIP actually im- viding medical assistance under this title for paying a provider of such items or services, prove children’s health. Children who are a fiscal year quarter for children described in so long as such items or services would be currently insured by public programs are in paragraph (1) and shall not apply with re- considered child health assistance for a tar- better health than they were a year ago. Ex- spect to— geted low-income child under title XXI. pansion of coverage for children and preg- ‘‘(A) any other payments made under this ‘‘(2) ADOPTION OF 12-MONTH CONTINUOUS EN- nant women under the Medicaid program and title, including disproportionate share hos- ROLLMENT.—The State agrees to provide that SCHIP reduces rates of avoidable hos- pital payments described in section 1923; eligibility for assistance under this title and pitalizations by 22 percent and has been ‘‘(B) payments under title IV or XXI; or title XXI shall not be regularly redetermined proven to reduce childhood deaths, infant ‘‘(C) any payments made under this title or more often than once every year for chil- mortality rates, and the incidence of low title XXI that are based on the enhanced dren. birth weight. FMAP described in section 2105(b). ‘‘(3) ACCEPTANCE OF SELF-DECLARATION OF (E) Studies have found that children en- ‘‘(b) ELIGIBILITY EXPANSIONS.—The condi- INCOME.—The State agrees to permit the rolled in public insurance programs experi- tion described in this subsection is that the family of a child applying for medical assist- enced a 68-percent improvement in measures State agrees to do the following: ance under this title or child health assist- of school performance. ‘‘(1) COVERAGE UNDER MEDICAID OR SCHIP ance under title XXI to declare and certify (F) Despite the success of expansions in FOR CHILDREN IN FAMILIES WHOSE INCOME DOES by signature under penalty of perjury family general under the Medicaid program and NOT EXCEED 300 PERCENT OF THE POVERTY income for purposes of collecting financial SCHIP, due to current budget constraints, LINE.— eligibility information. many States have stopped doing aggressive ‘‘(A) IN GENERAL.—The State agrees to pro- ‘‘(4) ADOPTION OF ACCEPTANCE OF ELIGI- outreach and have raised premiums and cost- vide medical assistance under this title or BILITY DETERMINATIONS FOR OTHER ASSIST- sharing requirements on families under these child health assistance under title XXI to ANCE PROGRAMS.—The State agrees to accept
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S96 CONGRESSIONAL RECORD — SENATE January 4, 2007 determinations (made within a reasonable plied with respect to children under this title (1) in paragraph (1)(C), by inserting ‘‘, sub- period, as found by the State, before its use (including under such a waiver) as of Janu- ject to paragraph (5),’’ after ‘‘under title XIX for this purpose) of an individual’s family or ary 1, 2007. or’’; and household income made by a Federal or ‘‘(2) RULE OF CONSTRUCTION.—Nothing in (2) by adding at the end the following new State agency (or a public or private entity this section shall be construed as implying paragraph: making such determination on behalf of such that a State does not have to comply with ‘‘(5) STATE OPTION TO PROVIDE WRAP-AROUND agency), including the agencies admin- the minimum income levels required for COVERAGE.— istering the Food Stamp Act of 1977, the children under section 1902(l)(2). ‘‘(A) IN GENERAL.—A State may waive the Richard B. Russell National School Lunch ‘‘(e) DATE DESCRIBED.—The date described requirement of paragraph (1)(C) that a tar- Act, and the Child Nutrition Act of 1966, not- in this subsection is the date on which, with geted low-income child may not be covered withstanding any differences in budget unit, respect to a State, a plan amendment that under a group health plan or under health in- disregard, deeming, or other methodology, satisfies the requirements of subsections (b), surance coverage in order to provide— but only if— (c), and (d) is approved by the Secretary. ‘‘(i) items or services that are not covered, ‘‘(A) such agency has fiscal liabilities or ‘‘(f) DEFINITION OF POVERTY LINE.—In this or are only partially covered, under such responsibilities affected or potentially af- section, the term ‘poverty line’ has the plan or coverage; or fected by such determinations; and meaning given that term in section ‘‘(ii) cost-sharing protection. ‘‘(B) any information furnished by such 2110(c)(5).’’. ‘‘(B) ELIGIBILITY.—In waiving such require- agency pursuant to this subparagraph is used (b) CONFORMING AMENDMENTS.— ment, a State may limit the application of solely for purposes of determining eligibility (1) The third sentence of section 1905(b) of the waiver to children whose family income for medical assistance under this title or for the Social Security Act (42 U.S.C. 1396d(b)) is does not exceed a level specified by the child health assistance under title XXI. amended by inserting before the period the State, so long as the level so specified does ‘‘(5) NO ASSETS TEST.—The State agrees to following: ‘‘, and with respect to amounts ex- not exceed the maximum income level other- not (or demonstrates that it does not) apply pended for medical assistance for children on wise established for other children under the any assets or resources test for eligibility or after the date described in subsection (e) State child health plan. under this title or title XXI with respect to of section 1939, in the case of a State that ‘‘(C) CONTINUED APPLICATION OF DUTY TO children. has, in accordance with such section, an ap- PREVENT SUBSTITUTION OF EXISTING COV- ‘‘(6) ELIGIBILITY DETERMINATIONS AND REDE- proved plan amendment under this title and ERAGE.—Nothing in this paragraph shall be TERMINATIONS.— title XXI’’. construed as modifying the application of ‘‘(A) IN GENERAL.—The State agrees for (2) Section 1903(f)(4) of the Social Security section 2102(b)(3)(C) to a State.’’. purposes of initial eligibility determinations Act (42 U.S.C. 1396b(f)(4)) is amended— (b) APPLICATION OF ENHANCED MATCH and redeterminations of children under this (A) in subparagraph (C), by adding ‘‘or’’ UNDER MEDICAID.—Section 1905 of such Act title and title XXI not to require a face-to- after ‘‘section 1611(b)(1),’’; and (42 U.S.C. 1396d) is amended— face interview and to permit applications (B) by inserting after subparagraph (C), the (1) in subsection (b), in the fourth sen- and renewals by mail, telephone, and the following: tence, by striking ‘‘subsection (u)(3)’’ and in- Internet. ‘‘(D) who would not receive such medical serting ‘‘, (u)(3), or (u)(4)’’; and ‘‘(B) NONDUPLICATION OF INFORMATION.— assistance but for State electing the option (2) in subsection (u), by redesignating para- ‘‘(i) IN GENERAL.—For purposes of redeter- under section 1939 and satisfying the condi- graph (4) as paragraph (5) and by inserting minations of eligibility for currently or pre- tions described in subsections (b), (c), and (d) after paragraph (3) the following: viously enrolled children under this title and of such section,’’. ‘‘(4) For purposes of subsection (b), the ex- penditures described in this paragraph are title XXI, the State agrees to use all infor- SEC. 102. ELIMINATION OF CAP ON SCHIP FUND- mation in its possession (including informa- ING FOR STATES THAT EXPAND ELI- expenditures for items and services for chil- tion available to the State under other Fed- GIBILITY FOR CHILDREN. dren described in section 2110(b)(5).’’. eral or State programs) to determine eligi- (a) IN GENERAL.—Section 2105 of the Social (c) APPLICATION OF SECONDARY PAYOR PRO- bility or redetermine continued eligibility Security Act (42 U.S.C. 1397dd) is amended by VISIONS.—Section 2107(e)(1) of such Act (42 before seeking similar information from par- adding at the end the following: U.S.C. 1397gg(e)(1)) is amended— ents. ‘‘(h) GUARANTEED FUNDING FOR CHILD (1) by redesignating subparagraphs (B) ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in HEALTH ASSISTANCE FOR COVERAGE EXPAN- through (D) as subparagraphs (C) through clause (i) shall be construed as limiting any SION STATES.— (E), respectively; and obligation of a State to provide notice and a ‘‘(1) IN GENERAL.—Only in the case of a (2) by inserting after subparagraph (A) the fair hearing before denying, terminating, or State that has, in accordance with section following new subparagraph: reducing a child’s coverage based on such in- 1939, an approved plan amendment under this ‘‘(B) Section 1902(a)(25) (relating to coordi- formation in the possession of the State. title and title XIX, any payment cap that nation of benefits and secondary payor provi- sions) with respect to children covered under ‘‘(7) NO WAITING LIST FOR CHILDREN UNDER would otherwise apply to the State under a waiver described in section 2110(b)(5).’’. SCHIP.—The State agrees to not impose any this title as a result of having expended all numerical limitation, waiting list, waiting allotments available for expenditure by the SEC. 202. STATE OPTION TO ENROLL LOW-IN- period, or similar limitation on the eligi- COME CHILDREN OF STATE EM- State with respect to a fiscal year shall not PLOYEES IN SCHIP. bility of children for child health assistance apply with respect to amounts expended by Section 2110(b)(2) of the Social Security under title XXI or to establish or enforce the State on or after the date described in Act (42 U.S.C. 1397jj(b)(2)) is amended— other barriers to the enrollment of eligible section 1939(e). (1) by redesignating subparagraphs (A) and children based on the date of their applica- ‘‘(2) APPROPRIATION.—There is appro- (B) as clauses (i) and (ii), respectively and re- tion for coverage. priated, out of any money in the Treasury aligning the left margins of such clauses ap- ‘‘(8) ADEQUATE PROVIDER PAYMENT RATES.— not otherwise appropriated, such sums as propriately; The State agrees to— may be necessary for the purpose of paying a (2) by striking ‘‘Such term’’ and inserting ‘‘(A) establish payment rates for children’s State described in paragraph (1) for each the following: health care providers under this title that quarter beginning on or after the date de- ‘‘(A) IN GENERAL.—Such term’’; and are no less than the average of payment scribed in section 1939(e), an amount equal to (3) by adding at the end the following: rates for similar services for such providers the enhanced FMAP of expenditures de- ‘‘(B) STATE OPTION TO ENROLL LOW-INCOME provided under the benchmark benefit pack- scribed in paragraph (1) and incurred during CHILDREN OF STATE EMPLOYEES.—At the op- ages described in section 2103(b); such quarter.’’. tion of a State, subparagraph (A)(ii) shall ‘‘(B) establish such rates in amounts that (b) CONFORMING AMENDMENTS.—Section not apply to any low-income child who would are sufficient to ensure that children en- 2104 of the Social Security Act (42 U.S.C. otherwise be eligible for child health assist- rolled under this title or title XXI have ade- 1397dd) is amended— ance under this title but for such subpara- quate access to comprehensive care, in ac- (1) in subsection (a), by inserting ‘‘and sec- graph.’’. tion 2105(h)’’ after ‘‘subsection (d)’’; cordance with the requirements of section SEC. 203. OPTIONAL COVERAGE OF LEGAL IMMI- 1902(a)(30)(A); and (2) in subsection (b)(1), by striking ‘‘and GRANT CHILDREN UNDER MEDICAID ‘‘(C) include provisions in its contracts subsection (d)’’ and inserting ‘‘, subsection AND SCHIP. with providers under this title guaranteeing (d), and section 2105(h)’’; and (a) MEDICAID PROGRAM.—Section 1903(v) of compliance with these requirements. (3) in subsection (c)(1), by inserting ‘‘and the Social Security Act (42 U.S.C. 1396b(v)) is ‘‘(d) MAINTENANCE OF MEDICAID ELIGIBILITY section 2105(h)’’ after ‘‘subsection (d)’’. amended— LEVELS FOR CHILDREN.— TITLE II—STATE OPTIONS FOR INCRE- (1) in paragraph (1), by striking ‘‘paragraph ‘‘(1) IN GENERAL.—The condition described MENTAL CHILD COVERAGE EXPANSIONS (2)’’ and inserting ‘‘paragraphs (2) and (4)’’; in this subsection is that the State agrees to SEC. 201. STATE OPTION TO PROVIDE WRAP- and maintain eligibility income, resources, and AROUND SCHIP COVERAGE TO CHIL- (2) by adding at the end the following: methodologies applied under this title (in- DREN WHO HAVE OTHER HEALTH ‘‘(4)(A) A State may elect (in a plan cluding under a waiver of such title or under COVERAGE. amendment under this title) to provide med- section 1115) with respect to children that (a) IN GENERAL.—Section 2110(b) of the So- ical assistance under this title for aliens— are no more restrictive than the eligibility cial Security Act (42 U.S.C. 1397jj(b)) is ‘‘(i) who are lawfully residing in the United income, resources, and methodologies ap- amended— States (including battered aliens described
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in section 431(c) of the Personal Responsi- ‘‘(c) QUALIFIED HEALTH INSURANCE.—For receives payments during any calendar year bility and Work Opportunity Reconciliation purposes of this section— from any individual for coverage of a depend- Act of 1996); and ‘‘(1) IN GENERAL.—The term ‘qualified ent child (as defined in section 36(b)) of such ‘‘(ii) who are otherwise eligible for such as- health insurance’ means insurance, either individual under creditable health insurance, sistance, within the eligibility category of employer-provided or made available under shall make the return described in sub- children (as defined under such plan), includ- title XIX or XXI of the Social Security Act, section (b) (at such time as the Secretary ing optional targeted low-income children which constitutes medical care as defined in may by regulations prescribe) with respect described in section 1905(u)(2)(B). section 213(d) without regard to— to each individual from whom such pay- ‘‘(B)(i) In the case of a State that has ‘‘(A) paragraph (1)(C) thereof, and ments were received. elected to provide medical assistance to a ‘‘(B) so much of paragraph (1)(D) thereof as ‘‘(b) FORM AND MANNER OF RETURNS.—A re- category of aliens under subparagraph (A), relates to qualified long-term care insurance turn is described in this subsection if such no debt shall accrue under an affidavit of contracts. return— support against any sponsor of such an alien ‘‘(2) EXCLUSION OF CERTAIN OTHER CON- ‘‘(1) is in such form as the Secretary may on the basis of provision of assistance to TRACTS.—Such term shall not include insur- prescribe, and such category and the cost of such assistance ance if a substantial portion of its benefits ‘‘(2) contains— shall not be considered as an unreimbursed are excepted benefits (as defined in section ‘‘(A) the name, address, and TIN of the in- cost. 9832(c)). dividual from whom payments described in ‘‘(ii) The provisions of sections 401(a), ‘‘(d) MEDICAL SAVINGS ACCOUNT AND subsection (a) were received, 402(b), 403, and 421 of the Personal Responsi- HEALTH SAVINGS ACCOUNT CONTRIBUTIONS.— ‘‘(B) the name, address, and TIN of each de- bility and Work Opportunity Reconciliation ‘‘(1) IN GENERAL.—If a deduction would (but pendent child (as so defined) who was pro- Act of 1996 shall not apply to a State that for paragraph (2)) be allowed under section vided by such person with coverage under makes an election under subparagraph (A).’’. 220 or 223 to the taxpayer for a payment for creditable health insurance by reason of such (b) TITLE XXI.—Section 2107(e)(1) of the So- the taxable year to the medical savings ac- payments and the period of such coverage, cial Security Act (42 U.S.C. 1397gg(e)(1)), as count or health savings account of an indi- and amended by section 201(c), is amended redes- vidual, subsection (a) shall be applied by ‘‘(C) such other information as the Sec- ignating subparagraph (E) as subparagraph treating such payment as a payment for retary may reasonably prescribe. (F) and by inserting after subparagraph (D) qualified health insurance for such indi- ‘‘(c) CREDITABLE HEALTH INSURANCE.—For the following: vidual. purposes of this section, the term ‘creditable ‘‘(E) Section 1903(v)(4) (relating to optional ‘‘(2) DENIAL OF DOUBLE BENEFIT.—No deduc- health insurance’ means qualified health in- coverage of permanent resident alien chil- tion shall be allowed under section 220 or 223 surance (as defined in section 36(c)). dren), but only if the State has elected to for that portion of the payments otherwise ‘‘(d) STATEMENTS TO BE FURNISHED TO INDI- apply such section to that category of chil- allowable as a deduction under section 220 or VIDUALS WITH RESPECT TO WHOM INFORMA- dren under title XIX.’’. 223 for the taxable year which is equal to the TION IS REQUIRED.—Every person required to make a return under subsection (a) shall fur- SEC. 204. STATE OPTION FOR PASSIVE RENEWAL amount of credit allowed for such taxable OF ELIGIBILITY FOR CHILDREN year by reason of this subsection. nish to each individual whose name is re- UNDER MEDICAID AND SCHIP. ‘‘(e) SPECIAL RULES.— quired under subsection (b)(2)(A) to be set forth in such return a written statement (a) IN GENERAL.—Section 1902(l) of the So- ‘‘(1) DETERMINATION OF INSURANCE COSTS.— cial Security Act (42 U.S.C. 1396a(l)) is The Secretary shall provide rules for the al- showing— amended by adding at the end the following: location of the cost of any qualified health ‘‘(1) the name and address of the person re- ‘‘(5) Notwithstanding any other provision insurance for family coverage to the cov- quired to make such return and the phone of this title, a State may provide that an in- erage of any dependent child under such in- number of the information contact for such dividual who has not attained 21 years of age surance. person, ‘‘(2) the aggregate amount of payments de- who has been determined eligible for medical ‘‘(2) COORDINATION WITH DEDUCTION FOR scribed in subsection (a) received by the per- assistance under this title shall remain eligi- HEALTH INSURANCE COSTS OF SELF-EMPLOYED son required to make such return from the ble for medical assistance until such time as INDIVIDUALS.—In the case of a taxpayer who the State has information demonstrating is eligible to deduct any amount under sec- individual to whom the statement is re- that the individual is no longer so eligible.’’. tion 162(l) for the taxable year, this section quired to be furnished, and (b) APPLICATION UNDER TITLE XXI.—Sec- shall apply only if the taxpayer elects not to ‘‘(3) the information required under sub- tion 2107(e)(1) of the Social Security Act (42 claim any amount as a deduction under such section (b)(2)(B) with respect to such pay- U.S.C. 1397gg(e)), as amended by section section for such year. ments. 201(c) and 203(b), is amended— ‘‘(3) COORDINATION WITH MEDICAL EXPENSE The written statement required under the (1) by redesignating subparagraphs (C) AND HIGH DEDUCTIBLE HEALTH PLAN DEDUC- preceding sentence shall be furnished on or through (F) as subparagraphs (D) through TIONS.—The amount which would (but for before January 31 of the year following the (G), respectively; and this paragraph) be taken into account by the calendar year for which the return under (2) by inserting after subparagraph (B), the taxpayer under section 213 or 223 for the tax- subsection (a) is required to be made. following: able year shall be reduced by the credit (if ‘‘(e) RETURNS WHICH WOULD BE REQUIRED ‘‘(C) Section 1902(l)(5) (relating to passive any) allowed by this section to the taxpayer TO BE MADE BY 2 OR MORE PERSONS.—Except to the extent provided in regulations pre- renewal of eligibility for children).’’. for such year. scribed by the Secretary, in the case of any TITLE III—TAX INCENTIVES FOR HEALTH ‘‘(4) DENIAL OF CREDIT TO DEPENDENTS.—No amount received by any person on behalf of INSURANCE COVERAGE OF CHILDREN credit shall be allowed under this section to another person, only the person first receiv- SEC. 301. REFUNDABLE CREDIT FOR HEALTH IN- any individual with respect to whom a de- ing such amount shall be required to make SURANCE COVERAGE OF CHILDREN. duction under section 151 is allowable to an- the return under subsection (a).’’. (a) IN GENERAL.—Subpart C of part IV of other taxpayer for a taxable year beginning (2) ASSESSABLE PENALTIES.— subchapter A of chapter 1 of the Internal in the calendar year in which such individ- (A) Subparagraph (B) of section 6724(d)(1) Revenue Code of 1986 (relating to refundable ual’s taxable year begins. of such Code (relating to definitions) is credits) is amended by redesignating section ‘‘(5) DENIAL OF DOUBLE BENEFIT.—No credit amended by striking ‘‘and’’ at the end of 36 as section 37 and by inserting after section shall be allowed under subsection (a) if the clause (xx) and by inserting at the end the 35 the following new section: credit under section 35 is allowed and no following new clause: ‘‘SEC. 36. HEALTH INSURANCE COVERAGE OF credit shall be allowed under 35 if a credit is ‘‘(xxi) section 6050W (relating to returns re- CHILDREN. allowed under this section. lating to payments for qualified health in- ‘‘(a) IN GENERAL.—In the case of an indi- ‘‘(6) ELECTION NOT TO CLAIM CREDIT.—This surance), and’’. vidual, there shall be allowed as a credit section shall not apply to a taxpayer for any (B) Paragraph (2) of section 6724(d) of such against the tax imposed by this subtitle an taxable year if such taxpayer elects to have Code is amended by striking ‘‘or’’ at the end amount equal to so much of the amount paid this section not apply for such taxable of the next to last subparagraph, by striking during the taxable year, not compensated for year.’’. the period at the end of the last subpara- by insurance or otherwise, for qualified (b) INFORMATION REPORTING.— graph and inserting ‘‘, or’’, and by adding at health insurance for each dependent child of (1) IN GENERAL.—Subpart B of part III of the taxpayer, as exceeds 5 percent of the ad- subchapter A of chapter 61 of the Internal the end the following new subparagraph: justed gross income of such taxpayer for Revenue Code of 1986 (relating to informa- ‘‘(DD) section 6050W(d) (relating to returns such taxable year. tion concerning transactions with other per- relating to payments for qualified health in- ‘‘(b) DEPENDENT CHILD.—For purposes of sons) is amended by inserting after section surance).’’. this section, the term ‘dependent child’ 6050V the following new section: (3) CLERICAL AMENDMENT.—The table of sections for subpart B of part III of sub- means any child (as defined in section ‘‘SEC. 6050W. RETURNS RELATING TO PAYMENTS 152(f)(1)) who has not attained the age of 19 FOR QUALIFIED HEALTH INSUR- chapter A of chapter 61 of such Code is as of the close of the calendar year in which ANCE. amended by inserting after the item relating the taxable year of the taxpayer begins and ‘‘(a) IN GENERAL.—Any governmental unit to section 6050V the following new item: with respect to whom a deduction under sec- or any person who, in connection with a ‘‘Sec. 6050W. Returns relating to payments tion 151 is allowable to the taxpayer. trade or business conducted by such person, for qualified health insurance’’.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S98 CONGRESSIONAL RECORD — SENATE January 4, 2007 (c) CONFORMING AMENDMENTS.— ‘‘Sec. 714. Requirement to offer option to greatly simplified the tax code. And (1) Paragraph (2) of section 1324(b) of title purchase dependent coverage our tax reform should be based upon 31, United States Code, is amended by insert- for children’’. the following three principles: fairness, ing before the period ‘‘, or from section 36 of (b) PUBLIC HEALTH SERVICE ACT.—Subpart simplicity, and opportunity for eco- such Code’’. 2 of part A of title XXVII of the Public nomic growth. (2) The table of sections for subpart C of Health Service Act (42 U.S.C. 300gg–4 et seq.) part IV of subchapter A of chapter 1 of the Citizens and businesses struggle to is amended by adding at the end the fol- comply with rules governing taxation Internal Revenue Code of 1986 is amended by lowing: of business income, capital gains, in- striking the last item and inserting the fol- ‘‘SEC. 2707. REQUIREMENT TO OFFER OPTION TO lowing new items: PURCHASE DEPENDENT COVERAGE come phase-outs, extenders, the myriad ‘‘Sec. 36. Health insurance coverage of chil- FOR CHILDREN. savings vehicles, recordkeeping for dren ‘‘(a) REQUIREMENTS FOR COVERAGE.—A itemized deductions, the alternative ‘‘Sec. 37. Overpayments of tax’’. group health plan, and a health insurance minimum tax (AMT), the earned in- (d) EFFECTIVE DATE.—The amendments issuer providing health insurance coverage come tax credit (EITC), and taxation of made by this section shall apply to taxable in connection with a group health plan, shall foreign business income. I believe that years beginning after December 31, 2006. offer an individual who is enrolled in such our international tax system needs to SEC. 302. FORFEITURE OF PERSONAL EXEMP- coverage the option to purchase dependent be simplified and reformed to encour- TION FOR ANY CHILD NOT COVERED coverage for a child of the individual. BY HEALTH INSURANCE. ‘‘(b) NO EMPLOYER CONTRIBUTION RE- age businesses to remain in the United (a) IN GENERAL.—Section 151(d) of the In- QUIRED.—An employer shall not be required States. And today, I am introducing ternal Revenue Code of 1986 (relating to ex- to contribute to the cost of purchasing de- legislation that I hope will be fully emption amount) is amended by adding at pendent coverage for a child by an individual considered as we continue our discus- the end the following new paragraph: who is an employee of such employer. sions on tax reform. ‘‘(5) REDUCTION OF EXEMPTION AMOUNT FOR ‘‘(c) DEFINITION OF CHILD.—In this section, Presently, the complexities of our ANY CHILD NOT COVERED BY HEALTH INSUR- the term ‘child’ means an individual who has international tax system actually en- ANCE.— not attained 21 years of age.’’. courage U.S. corporations to invest ‘‘(A) IN GENERAL.—Except as otherwise pro- (c) EFFECTIVE DATE.—The amendments overseas. Current tax laws allow com- made by this section shall apply with respect vided in this paragraph, the exemption panies to defer paying U.S. taxes on in- amount otherwise determined under this to plan years beginning on or after January subsection for any dependent child (as de- 1, 2007. come earned by their foreign subsidi- fined in section 36(b)) for any taxable year SEC. 402. EFFECTIVE DATE. aries, which provides a substantial tax shall be reduced by the same percentage as Unless otherwise provided, the amend- break for companies that move invest- the percentage of such taxable year during ments made by this title shall take effect on ment and jobs overseas. Today, under which such dependent child was not covered October 1, 2007, and shall apply to child U.S. tax law, a company that is trying by qualified health insurance (as defined in health assistance and medical assistance to decide where to locate production or section 36(c)). provided on or after that date without regard services—either in the United States or ‘‘(B) FULL REDUCTION IF NO PROOF OF COV- to whether or not final regulations to carry in a foreign low-tax haven—is actually ERAGE IS PROVIDED.—For purposes of sub- out such amendments have been promul- given a substantial tax incentive not paragraph (A), in the case of any taxpayer gated by such date. only to move jobs overseas, but to rein- who fails to attach to the return of tax for TITLE V—REVENUE PROVISION any taxable year a copy of the statement vest profits permanently, as opposed to SEC. 501. PARTIAL REPEAL OF RATE REDUCTION bringing the profits back to re-invest furnished to such taxpayer under section IN THE HIGHEST INCOME TAX 6050W, the percentage reduction under such BRACKET. in the United States. subparagraph shall be deemed to be 100 per- Section 1(i)(2) of the Internal Revenue Recent press articles have revealed cent. Code of 1986 is amended by adding at the end examples of companies taking advan- ‘‘(C) NONAPPLICATION OF PARAGRAPH TO the following flush sentence: tage of this perverse incentive in our TAXPAYERS IN LOWEST TAX BRACKET.—This tax code. For instance, some companies paragraph shall not apply to any taxpayer ‘‘In the case of taxable years beginning dur- have taken advantage of this initiative whose taxable income for the taxable year ing calendar year 2007 and thereafter, the by opening subsidiaries to serve mar- does not exceed the initial bracket amount final item in the fourth column in the pre- determined under section 1(i)(1)(B).’’. kets throughout Europe. Much of the ceding table shall be applied by substituting profit earned by these subsidiaries will (b) EFFECTIVE DATE.—The amendment for ‘‘35.0%’’ a rate equal to the lesser of 39.6% made by this section shall apply to taxable or the rate the Secretary determines is nec- stay in the European countries and the years beginning after December 31, 2006. essary to provide sufficient revenues to off- companies therefore avoid paying U.S. TITLE IV—MISCELLANEOUS set the Federal outlays required to imple- taxes. Other companies have an- SEC. 401. REQUIREMENT FOR GROUP MARKET ment the provisions of, and amendments nounced the expansion of jobs in India. HEALTH INSURERS TO OFFER DE- made by, the Kids Come First Act of 2007.’’. This reflects a continued pattern PENDENT COVERAGE OPTION FOR WORKERS WITH CHILDREN. among some U.S. multinational com- By Mr. KERRY: panies of shifting software develop- (a) ERISA.— S. 96. A bill to amend the Internal (1) IN GENERAL.—Subpart B of part 7 of sub- ment and call centers to India, and this title B of title I of the Employee Retirement Revenue Code of 1986 to ensure a fairer trend is starting to expand include the Income Security Act of 1974 (29 U.S.C. 1185 et and simpler method of taxing con- shifting critical functions like design seq.) is amended by adding at the end the fol- trolled foreign corporations of United and research and development to India lowing: States shareholders, to treat certain as well. Some companies are even ‘‘SEC. 714. REQUIREMENT TO OFFER OPTION TO foreign corporations managed and con- outsourcing the preparation of U.S. tax PURCHASE DEPENDENT COVERAGE trolled in the United States as domes- FOR CHILDREN. returns. ‘‘(a) REQUIREMENTS FOR COVERAGE.—A tic corporations, to codify the eco- The Export Products Not Jobs Act group health plan, and a health insurance nomic substance doctrine, and to would put an to end to these practices issuer providing health insurance coverage eliminate the top corporate income tax by eliminating tax breaks that encour- in connection with a group health plan, shall rate, and for other purposes; to the age companies to move jobs overseas offer an individual who is enrolled in such Committee on Finance. and by using the savings to create jobs coverage the option to purchase dependent Mr. KERRY. Mr. President, today I in the United States by repealing the coverage for a child of the individual. am introducing the ‘‘Export Products ‘‘(b) NO EMPLOYER CONTRIBUTION RE- top corporate rate. This legislation QUIRED.—An employer shall not be required Not Jobs Act.’’ Our tax code is ex- ends tax breaks that encourage compa- to contribute to the cost of purchasing de- tremely complicated. In 1994, the IRS nies to move jobs by: 1. eliminating the pendent coverage for a child by an individual estimated that a family that itemized ability of companies to defer, paying who is an employee of such employer. their deductions and had some interest U.S. taxes on foreign income; 2. closing ‘‘(c) DEFINITION OF CHILD.—In this section, and capital gains would spend 111⁄2 abusive corporate tax loopholes; and 3. the term ‘child’ means an individual who has hours preparing their Federal income repealing the top corporate rate. It re- not attained 21 years of age.’’. tax return. A decade later in 2004, this moves the incentive to shift jobs over- (2) CLERICAL AMENDMENT.—The table of contents in section 1 of the Employee Retire- estimate increased to 19 hours and 45 seas by eliminating deferral so that ment Income Security Act of 1974 (29 U.S.C. minutes. It is time for Congress to pass companies pay taxes on their inter- 1001) is amended by inserting after the item bipartisan tax legislation in the style national income as they earn it, rather relating to section 713 the following: of the Tax Reform Act of 1986, which than being allowed to defer taxes.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S99 Last Congress, the Ways and Means from decisions regarding the location companies can compete in international Subcommittee on Revenue held a hear- of investment.’’ markets, income companies earn when they ing on international tax laws. Stephen The ‘‘Export Products Not Jobs Act’’ locate production in a foreign country that would modify the rules for determining serves that foreign country’s home markets Shay, a former Reagan Treasury offi- can still be deferred. cial, testified that our tax rules ‘‘pro- residency for publicly-traded compa- The Subpart F rules which govern the tax- vide incentives to locate business ac- nies by basing a corporation’s resi- ation of foreign subsidiaries controlled by tivity outside the United States.’’ Fur- dence on the location of its primary American companies have become increas- thermore, he suggested that taxation place of management and control. This ingly complicated over time, adding to the of U.S. shareholders under an expan- will prevent companies from locating overall complexity of the tax code and mak- sion of Subpart F would be a ‘‘substan- in tax havens, but basically maintain- ing it easier for companies to exploit loop- holes to escape paying taxes. Under this bill, tial improvement’’ over our current ing their operations in the United the complexity created by the current Sub- system. The Export Products Not Jobs States. This provision should not part F rules will be eliminated and a simpler, Act does just that. hinder foreign investment in the more transparent system will be put into Our current tax system punishes U.S. United States. Existing companies that place. companies that choose to create and are incorporated in foreign countries In a tax system without deferral, U.S.- maintain jobs in the United States. with a comprehensive tax treaty with based multinational corporations might be These companies pay higher taxes and the United States will not be affected tempted to locate their top-tiered entity overseas to avoid taxation on the income of suffer a competitive disadvantage with by this provision. a foreign subsidiary. This legislation would a company that chooses to move jobs Massachusetts is an example of a strengthen the corporate residency test by to a foreign tax haven. There is no rea- state that benefits from foreign invest- preventing companies from incorporating in son why our tax code should provide an ment. Two foreign companies have re- a foreign jurisdiction to avoid U.S. taxation incentive that encourages investment cently expanded investment in Massa- on a worldwide basis. The current law test and job creation overseas. Under my chusetts. Our tax system should not that is based solely on where the company is legislation, companies would be taxed discourage foreign investment, but it incorporated is artificial, and allows foreign corporations that are economically similar the same whether they invest abroad should not encourage companies to lo- to American companies to avoid being taxed or at home; they will be taxed on their cate in tax havens. like American companies. Determining resi- foreign subsidiary profits just like they The revenue raised from the repeal of dency based on the location of a company’s are taxed on their domestic profits. deferral and closing corporate loop- primary place of management and control This legislation reflects the most holes would be used to repeal the top will provide a more meaningful standard. sweeping simplification of inter- corporate tax rate of 35 percent. The In order to prevent abusive tax trans- national taxes in over 40 years. Our tax differential between U.S. corporate actions, the legislation includes a provision economy has changed in the last 40 that would codify the judicially-developed rates and foreign corporate rates has economic substance test, which disallows years and our tax laws need to be up- grown over the last two decades and transactions where the profit potential is in- dated to keep pace. Our current global the repeal of the top corporate rate is substantial compared to the tax benefits. economy was not even envisioned when a start in narrowing this gap. This proposal is identical to the economic existing law was written. The Export Products Not Jobs Act substance provisions that have been passed My Export Products Not Jobs Act would promote equity among U.S. tax- repeatedly by the Senate. will in no way hinder our global com- payers by ensuring that corporations The revenue saved from ending deferral, petitiveness. Companies will be able to could not eliminate or substantially re- strengthening the corporate residency test, continue to defer income they earn and shutting down abusive tax shelters will duce taxation of foreign income by sep- be used to lower the maximum corporate tax when they locate production in a for- arately incorporating their foreign op- rate from 35 percent to 34 percent. The tax eign country that serves that foreign erations. This legislation will elimi- differential between U.S. corporations and country’s markets. For example, if a nate the tax incentives to encourage foreign corporate rates has grown over the U.S. company wants to open a hotel in U.S. companies to invest abroad and last two decades. This proposal, in combina- Bermuda or a car factory in India to reward those companies that have cho- tion with the deduction for domestic manu- sell cars, foreign income can still be sen to invest in the United States. I facturing activity when fully phased-in in deferred. But if a company wants to urge my colleagues to join me in this 2009, will result in a corporate tax rate of 31 open a call center in India to answer percent for domestic manufacturing activ- effort, and I ask unanimous consent ity. The ‘‘Export Products Not Jobs Act’’ calls from outside India or relocate that summary of the Export Products moves in the right direction towards nar- abroad to sell cars back to the United Not Jobs Act, as well as the text of the rowing this gap. States or Canada, the company must legislation, be printed in the RECORD. SUMMARY OF PROVISIONS pay taxes just like call centers and There being no objection, the text of I. Reform and Simplification of Subpart F auto manufacturers located in the the material was ordered to be printed Income United States. in the RECORD, as follows: Subpart F Income Defined Currently, American companies allo- EXPORT PRODUCTS NOT JOBS ACT Present law cate their revenue not in search of the OVERVIEW Generally within the U.S., 10–percent highest return, but in search of lower shareholders of a controlled foreign corpora- The Export Products Not Jobs Act makes tion (CFC) are taxed on the pro rata shares taxes. Eliminating deferral will im- sweeping changes to the current inter- of certain income referred to as Subpart F prove the efficiency of the economy by national tax laws by: (1) ending tax breaks income. A CFC generally is defined as any making taxes neutral so that they do that encourage companies to move jobs over- foreign corporation in which U.S. persons not encourage companies to overinvest seas by eliminating the ability of companies (directly, indirectly, or constructively) own abroad solely for tax reasons. to defer paying U.S. taxes on foreign income; more than 50 percent of the corporation’s The Congressional Research Service (2) simplifying current-law Subpart F rules; stock (measured by vote or value), taking (3) closing abusive corporate tax loopholes; stated in a 2003 report that, into account only those U.S. persons that and (4) repealing the top corporate tax rate. ‘‘[a]ccording to traditional economic own at least 10 percent of the stock (meas- theory, deferral thus reduces economic Current tax laws allow companies to defer paying U.S. taxes on income earned by their ured by vote only). Typically, Subpart F in- welfare by encouraging firms to under- foreign subsidiaries, providing a substantial come is passive income or income that is take overseas investments that are less tax break for companies to move investment readily movable from one taxing jurisdiction productive—before taxes are consid- and jobs overseas. Except as provided under to another. Subpart F income is defined in ered—than alternative investments in the Subpart F rules, American companies code section 952 as foreign base company in- the United States.’’ Additionally, a generally do not have to pay taxes on their come, insurance income, and certain income active foreign income until they repatriate relating to international boycotts and other 2000 Department of Treasury study on violations of public policy. deferral stated, ‘‘[a]mong all of the op- it to the United States. Export Products Not Jobs Act tions considered, ending deferral would The Export Products Not Jobs Act elimi- nates deferral so companies will be taxed on This legislation strikes code section 952 also be likely to have the most positive their foreign subsidiary profits in the same and replaces it with a new definition of Sub- long-term effect on economic efficiency way they are taxed on their domestic profits. part F income. Generally, Subpart F income and welfare because it would do the This new system will apply to profits in fu- is defined as all gross income of the con- most to eliminate tax considerations ture years. In order to ensure that American trolled foreign corporation with exceptions
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S100 CONGRESSIONAL RECORD — SENATE January 4, 2007 for certain types of income. Subpart F in- lated person insurance income which is de- Export Products Not Jobs Act come of a CFC for any taxable year is lim- fined as any insurance income attributable Clarifies that a transaction has economic ited to the earnings and profits of the CFC to a policy of insurance or reinsurance with substance only if the taxpayer establishes for that taxable year. Subpart F will con- respect to which the person (directly or indi- that: (1) the transaction changes in a mean- tinue to include income related to inter- rectly) insured is a U.S. shareholder in the ingful way (aside from Federal income tax national boycotts. foreign corporation or a related person to consequences) the taxpayer’s economic posi- Exceptions to Subpart F Income such a shareholder. These companies are tion; and (2) the taxpayer has a substantial formed to insure the risks of the owners. Present law non-tax purpose for entering into such a Under current law, a lower ownership thresh- transaction and the transaction is a reason- Subpart F income is defined in the code old applies to determine whether a captive able means of accomplishing such purpose. rather narrowly and the definition lists the insurance company is treated as a CFC sub- This proposal applies to transactions entered income that it includes. Subpart F income is ject to the current-law income inclusion into after the date of enactment. currently taxed, and other income of a U.S. rules of Subpart F. Under this lower owner- person’s CFC that conducts foreign oper- Penalty for Understatements Attributable to ship threshold, a captive insurance company Transactions Lacking Economic Substance ations generally is subject to U.S. tax only is treated as a CFC if 25 percent or more of when it is repatriated to the United States. the stock is owned by U.S. persons. Present Law Temporary Active Financing Exception The special rules for captive insurance Under current law, there are various pen- Under current law, there are temporary ex- companies were added in 1986 because Con- alties for understatements. There is a 20 per- ceptions from the Subpart F provisions for gress was concerned that the ownership of cent accuracy-related penalty imposed on certain active financing income, which is in- these companies was often dispersed widely any understatement attributable to any ade- come derived in the active conduct of a and that these companies were not covered quately disclosed listed transaction or cer- banking, financing, or similar business, or in by the otherwise applicable ownership tain reportable transactions (‘‘reportable the conduct of an insurance business. This threshold for a CFC. transaction understatement’’). The penalty is increased to 30 percent if such a trans- temporary exception expires at the end of Export Products Not Jobs Act action is not adequately disclosed in accord- 2008. To be eligible for this exception, sub- The bill retains, in simplified form, the stantially all transactions must be con- ance with regulations. present-law concept of related person insur- Export Products Not Jobs Act ducted directly by the CFC or a qualified ance income, and also retains the lower own- business unit of a CFC in its home country. ership threshold for captive insurance com- The bill imposes a 40 percent penalty on Export Products Not Jobs Act panies that are treated as CFCs. Captive in- any understatement attributable to any transaction that lacks economic substance Under the legislation, Subpart F income is surance income that meets the requirements (‘‘noneconomic substance underpayment’’). generally all income of a CFC except for ac- of the active home exception, like other ac- The rate is reduced to 20 percent if the tax- tive home country income of the CFC. Active tive home country services income, however, payer discloses the transaction in accord- home country income constitutes qualified can be deferred. ance with regulations. This proposal applies property income or qualified service income Effective Date to transactions entered into after the date of and is derived from the active and regular The above described provisions apply to enactment. conduct of one or more trades or businesses taxable years beginning after December 31, within the home country. The home country Denial of Deduction for Interest on Underpay- 2007. is defined as the country in which the CFC is ments Attributable to Noneconomic Sub- created or organized. II. Corporate Residency Definition stance Transactions Qualified property income is defined as in- Present Law Present Law come derived in connection with: (1) the The place of incorporation or organization Under current law, no deduction for inter- manufacture, production, growth, or extrac- determines whether a corporation is treated est is allowed for interest paid or accrued on tion of any personal property within the as foreign or domestic for purposes of U.S. any underpayment of tax which is attrib- home country of the CFC; or (2) the resale in tax law. A corporation is treated as domestic utable to the portion of any reportable the home country of the CFC of personal if it is incorporated or organized under the transaction understatement for which the property manufactured, produced, grown, or laws of the United States or of any State. facts were not adequately disclosed. extracted within the home country of such Export Products Not Jobs Act of 2006 corporation for the resale of such property Export Products Not Jobs Act by the CFC in the home country. The prop- The bill amends the rules for determining The bill extends the disallowance of inter- erty has to be sold for use or consumption corporate residency for publicly-traded com- est deductions to interest paid or accrued on within the home country in either case. panies incorporated or organized in a foreign any underpayment of tax attributable to any Qualified services income is defined as in- country, by basing such corporation’s resi- noneconomic substance underpayment. The come derived in connection with the pro- dence on the location of its primary place of proposal applies to transactions after the viding of services in transactions with cus- management and control. A company incor- date of enactment in taxable years ending tomers who, at the time the services are pro- porated or organized in the United States is after such date. vided, are located in the home country. Serv- still considered a domestic corporation in IV. Repeal of Top Corporate Marginal In- ices are required: (1) to be used in the home any event. Primary place of management come Tax Rate country; or (2) to be used in the active con- and control is defined as the place where the Present Law duct of trade or business by the recipient executive officers and senior management of The maximum corporate rate is 35 percent where substantially all of the activities in the corporation exercise day-to-day responsi- and this rate applies to taxable income in ex- connection with the trade or business are bility for the strategic, financial, and oper- cess of $10 million. The maximum rate on conducted by the recipient in the home coun- ational decision-making for the company corporate taxable gains is 35 percent. A cor- try. (including direct and indirect subsidiaries). poration with taxable income in excess of $15 Under the ‘‘Export Products Not Jobs Effective Date million is required to increase its tax liabil- Act,’’ the current-law temporary active fi- The proposal would be effective for taxable ity by the lesser of three percent of the ex- nancing exception is repealed. The legisla- cess, or $100,000. tion includes a de minimis exception pro- years beginning on or after two years after Export Products Not Jobs Act viding that if the Subpart F income of a CFC the date of enactment. A corporation that is is less than the lesser of five percent of gross in existence on the date of enactment and is The bill repeals the top corporate rate of 35 income, or $1 million, the Subpart F income incorporated in a country in which the percent. The highest marginal tax rate will of the CFC is zero for that taxable year. United States has a comprehensive tax trea- be 34 percent and the maximum rate of tax For purposes of calculating the Subpart F ty is not affected by this provision. on corporate net capital gains will also be 34 income of a CFC, properly allocated deduc- III. Shutdown of Abusive Tax Shelters percent. The 34 percent rate applies to in- come in excess of $75,000. The proposal ap- tions are allowed. Clarification of Economic Substance Doctrine A CFC can elect to be treated as a domes- plies to taxable years beginning after De- Present Law tic corporation. The election will apply to cember 31, 2007. the taxable year for which it is made and all Under current law, there are specific rules subsequent taxable years unless revoked regarding the computation of taxable in- S. 96 with the consent of the Secretary. If a CFC come. In addition to these statutory provi- Be it enacted by the Senate and House of Rep- chooses to make an election to be treated as sions, courts have developed several doc- resentatives of the United States of America in a domestic corporation, pre-2008 earnings trines that can be applied to deny the tax Congress assembled, and profits are not included in gross income. benefits of motivated transactions, even SECTION 1. SHORT TITLE; AMENDMENT OF 1986 though the transaction meets the require- Captive Insurance Income CODE. ments of a specific tax provision. Generally, (a) SHORT TITLE.—This Act may be cited as Present Law courts have denied tax benefits if the trans- the ‘‘Export Products Not Jobs Act’’. Under current law, special rules apply to action lacks economic substance inde- (b) AMENDMENT OF 1986 CODE.—Except as captive insurance companies that have re- pendent of tax considerations. otherwise expressly provided, whenever in
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S101 this Act an amendment or repeal is ex- ‘‘(i) the gross income of the corporation re- ‘‘(A) is attributable to the issuing (or rein- pressed in terms of an amendment to, or re- duced by its subpart F income (as so deter- suring) of an insurance or annuity contract, peal of, a section or other provision, the ref- mined), and and erence shall be considered to be made to a ‘‘(ii) the international boycott factor (as ‘‘(B) would (subject to the modifications section or other provision of the Internal determined under section 999), under section 954(c)(2)(B)) be taxed under Revenue Code of 1986. ‘‘(B) the sum of the amounts of any illegal subchapter L of this chapter if such income TITLE I—FOREIGN TAX REFORM AND bribes, kickbacks, or other payments (within were the income of a domestic corporation, SIMPLIFICATION the meaning of section 162(c)) paid by or on such income shall be treated as qualified behalf of the corporation during the taxable services income only if the contract covers SEC. 101. REFORM AND SIMPLIFICATION OF SUB- year of the corporation directly or indirectly only risks in connection with property in, li- PART F. to an official, employee, or agent in fact of a ability arising out of activity in, or lives or (a) IN GENERAL.—Subpart F of part III of government, and health of residents of, the home country of subchapter N of chapter 1 (relating to con- ‘‘(C) the gross income of such corporation such corporation. trolled foreign corporations) is amended by which is derived from any foreign country ‘‘(4) ANTI-ABUSE RULE.—For purposes of striking sections 952, 953, and 954 and insert- during any period during which section 901(j) this subsection, there shall be disregarded ing the following: applies to such foreign country and which is any item of income of a controlled foreign ‘‘SEC. 952. SUBPART F INCOME DEFINED. not otherwise treated as subpart F income corporation derived in connection with any ‘‘(a) IN GENERAL.—For purposes of this sub- (as so determined). trade or business if, in the conduct of the part, except as provided in this section, the ‘‘(2) SPECIAL RULE FOR ILLEGAL PAY- trade or business, the corporation is not en- term ‘subpart F income’ means the gross in- MENTS.—The payments referred to in para- gaged in regular and continuous transactions come of the controlled foreign corporation. graph (1)(B) are payments which would be with customers which are not related per- ‘‘(b) EXCEPTIONS FOR CERTAIN TYPES OF IN- unlawful under the Foreign Corrupt Prac- sons. COME.—Subpart F income shall not include— tices Act of 1977 if the payor were a United ‘‘(d) HOME COUNTRY.—For purposes of this ‘‘(1) the active home country income (as States person. section, the term ‘home country’ means, defined in section 953) of the controlled for- ‘‘(3) INCOME DERIVED FROM FOREIGN COUN- with respect to a controlled foreign corpora- eign corporation for the taxable year, or TRY.—The Secretary shall prescribe such reg- tion, the country in which such corporation ‘‘(2) any item of income for the taxable ulations as may be necessary or appropriate is created or organized. year from sources within the United States to carry out the purposes of paragraph (1)(C), ‘‘SEC. 954. OTHER RULES AND DEFINITIONS RE- which is effectively connected with the con- including regulations which treat income LATING TO SUBPART F INCOME. duct by the controlled foreign corporation of paid through 1 or more entities as derived ‘‘(a) DEDUCTIONS TO BE TAKEN INTO AC- COUNT.—For purposes of determining the a trade or business within the United States from a foreign country to which section subpart F income of a controlled foreign cor- unless such item is exempt from taxation (or 901(j) applies if such income was, without re- poration for any taxable year, gross income, is subject to a reduced rate of tax) pursuant gard to such entities, derived from such and any category of income described in sub- to a treaty obligation of the United States. country. section (b) or (c) of section 953, shall be re- For purposes of paragraph (2), income de- ‘‘SEC. 953. ACTIVE HOME COUNTRY INCOME. duced by deductions (including taxes) prop- scribed in paragraph (2) or (3) of section ‘‘(a) IN GENERAL.—For purposes of section erly allocable to such income or category. 921(d) shall be treated as derived from 952(b), the term ‘active home country in- The Secretary shall prescribe regulations for sources within the United States and any ex- come’ means, with respect to any controlled the application of this subsection. emption (or reduction) with respect to the foreign corporation, income derived from the ‘‘(b) ELECTION BY CONTROLLED FOREIGN tax imposed by section 884 shall not be taken active and regular conduct of 1 or more CORPORATION TO BE TREATED AS DOMESTIC into account. trades or businesses within the home coun- CORPORATION.— ‘‘(c) LIMITATION BASED ON EARNINGS AND try of such corporation which constitutes— ‘‘(1) IN GENERAL.—If— PROFITS.— ‘‘(1) qualified property income, or ‘‘(A) a foreign corporation is a controlled ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(2) qualified services income. foreign corporation which makes an election section (a), the subpart F income of any con- ‘‘(b) QUALIFIED PROPERTY INCOME.—For to have this subsection apply and waives all trolled foreign corporation for any taxable purposes of this section— benefits to such corporation granted by the year shall not exceed the earnings and prof- ‘‘(1) IN GENERAL.—The term ‘qualified prop- United States under any treaty, and its of such corporation for such taxable year. erty income’ means income derived in con- ‘‘(B) such foreign corporation meets such ‘‘(2) RECHARACTERIZATION IN SUBSEQUENT nection with— requirements as the Secretary shall pre- TAXABLE YEARS.—If the subpart F income of ‘‘(A) the manufacture, production, growth, scribe to ensure that the taxes imposed by any controlled foreign corporation for any or extraction (in whole or in substantial this chapter on such foreign corporation are taxable year was reduced by reason of para- part)of any personal property within the paid, graph (1), any excess of the earnings and home country of the controlled foreign cor- such corporation shall be treated as a domes- profits of such corporation for any subse- poration, or tic corporation for purposes of this title. quent taxable year over the subpart F in- ‘‘(B) the resale by the controlled foreign ‘‘(2) PERIOD DURING WHICH ELECTION IS IN come of such foreign corporation for such corporation within its home country of per- EFFECT.— taxable year shall be recharacterized as sub- sonal property manufactured, produced, ‘‘(A) IN GENERAL.—Except as provided in part F income under rules similar to the grown, or extracted (in whole or in substan- subparagraph (B), an election under para- rules applicable under section 904(f)(5). tial part) within that home country. graph (1) shall apply to the taxable year for ‘‘(3) SPECIAL RULE FOR DETERMINING EARN- ‘‘(2) PROPERTY MUST BE USED OR CONSUMED which made and all subsequent taxable years INGS AND PROFITS.—For purposes of this sub- IN HOME COUNTRY.—Paragraph (1) shall only unless revoked with the consent of the Sec- section, earnings and profits of any con- apply to income if the personal property is retary. trolled foreign corporation shall be deter- sold for use or consumption within the home ‘‘(B) TERMINATION.—If a corporation which mined without regard to paragraphs (4), (5), country. made an election under paragraph (1) for any and (6) of section 312(n). Under regulations, ‘‘(c) QUALIFIED SERVICES INCOME.—For pur- taxable year fails to meet the requirements the preceding sentence shall not apply to the poses of this section— of subparagraph (B) of paragraph (1) for any extent it would increase earnings and profits ‘‘(1) IN GENERAL.—The term ‘qualified serv- subsequent taxable year, such election shall by an amount which was previously distrib- ices income’ means income (other than not apply to such subsequent taxable year uted by the controlled foreign corporation. qualified property income) derived in con- and all succeeding taxable years. ‘‘(d) DE MINIMIS EXCEPTION.—If the subpart nection with the providing of services in ‘‘(3) TREATMENT OF LOSSES.—If any cor- F income of a controlled foreign corporation transactions with customers which, at the poration treated as a domestic corporation for any taxable year (determined without re- time the services are provided, are located in under this subsection is treated as a member gard to this subsection and section 954(a)) is the home country of such corporation. of an affiliated group for purposes of chapter less than the lesser of— ‘‘(2) SERVICES MUST BE USED IN HOME COUN- 6 (relating to consolidated returns), any loss ‘‘(1) 5 percent of gross income, or TRY.—Paragraph (1) shall only apply to in- of such corporation shall be treated as a dual ‘‘(2) $1,000,000, come if the services— consolidated loss for purposes of section the subpart F income of such corporation for ‘‘(A) are used or consumed in the home 1503(d) without regard to paragraph (2)(B) such taxable year shall be treated as being country of the controlled foreign corpora- thereof. equal to zero. tion, or ‘‘(4) EFFECT OF ELECTION.— ‘‘(e) SPECIAL RULES RELATING TO BOYCOTTS, ‘‘(B) are used in the active conduct of a ‘‘(A) IN GENERAL.—For purposes of section BRIBES, AND CERTAIN FOREIGN COUNTRIES.— trade or business by the recipient and sub- 367, any foreign corporation making an elec- ‘‘(1) IN GENERAL.—Subpart F income of a stantially all of the activities in connection tion under paragraph (1) shall be treated as controlled foreign corporation for any tax- with the trade or business are conducted by transferring (as of the 1st day of the 1st tax- able year (determined without regard to this the recipient in such home country. able year to which such election applies) all subsection) shall be increased by the sum ‘‘(3) SPECIAL RULE FOR INSURANCE INCOME.— of its assets to a domestic corporation in of— If income of a controlled foreign corpora- connection with an exchange to which sec- ‘‘(A) the product of— tion— tion 354 applies.
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‘‘(B) EXCEPTION FOR PRE-2008 EARNINGS AND ‘‘(II) Section 805(a)(5) (relating to oper- ‘‘(ii) the amount which would be deter- PROFIT.— ations loss deduction). mined under paragraph (2) of section 951(a) if ‘‘(i) IN GENERAL.—Earnings and profits of ‘‘(III) Section 832(c)(5) (relating to certain the entire earnings and profits of the foreign the foreign corporation accumulated in tax- capital losses). corporation for the taxable year were sub- able years beginning before January 1, 2008, ‘‘(ii) The items referred to in— part F income. shall not be included in the gross income of ‘‘(I) section 803(a)(1) (relating to gross ‘‘(B) COORDINATION WITH OTHER PROVI- the persons holding stock in such corpora- amount of premiums and other consider- SIONS.—The Secretary shall prescribe regula- tion by reason of subparagraph (A). ations), tions providing for such modifications to the ‘‘(ii) TREATMENT OF DISTRIBUTIONS.—For ‘‘(II) section 803(a)(2) (relating to net de- provisions of this subpart as may be nec- purposes of this title, any distribution made crease in reserves), essary or appropriate by reason of subpara- by a corporation to which an election under ‘‘(III) section 805(a)(2) (relating to net in- graph (A). paragraph (1) applies out of earnings and crease in reserves), and ‘‘(6) RELATED PERSON.—For purposes of this profits accumulated in taxable years begin- ‘‘(IV) section 832(b)(4) (relating to pre- subsection— ning before January 1, 2008, shall be treated miums earned on insurance contracts), ‘‘(A) IN GENERAL.—Except as provided in as a distribution made by a foreign corpora- shall be taken into account only to the ex- subparagraph (B), the term ‘related person’ tion. tent they are in respect of any reinsurance has the meaning given such term by sub- ‘‘(iii) CERTAIN RULES TO CONTINUE TO APPLY or the issuing of any insurance or annuity section (d)(3). TO PRE-2008 EARNINGS.—The provisions speci- contract described in subparagraph (A). ‘‘(B) TREATMENT OF CERTAIN LIABILITY IN- fied in clause (iv) shall be applied without re- ‘‘(iii) Reserves for any insurance or annu- SURANCE POLICIES.—In the case of any policy gard to paragraph (1), except that, in the ity contract shall be determined in the same of insurance covering liability arising from case of a corporation to which an election manner as if the controlled foreign corpora- services performed as a director, officer, or under paragraph (1) applies, only earnings tion were subject to tax under subchapter L, employee of a corporation or as a partner or and profits accumulated in taxable years be- except that in applying such subchapter— employee of a partnership, the person per- ginning before January 1, 2008, shall be taken ‘‘(I) the interest rate determined for the forming such services and the entity for into account. functional currency of the corporation and which such services are performed shall be ‘‘(iv) SPECIFIED PROVISIONS.—The provi- which, except as provided by the Secretary, treated as related persons. sions specified in this clause are: ‘‘(7) REGULATIONS.—The Secretary shall ‘‘(I) Section 1248 (relating to gain from cer- is calculated in the same manner as the Fed- eral mid-term rate under section 1274(d), prescribe such regulations as may be nec- tain sales or exchanges of stock in certain essary to carry out the purposes of this sub- foreign corporations). shall be substituted for the applicable Fed- eral interest rate, section, including— ‘‘(II) Subpart F of part III of subchapter N ‘‘(A) regulations preventing the avoidance to the extent such subpart relates to earn- ‘‘(II) the highest assumed interest rate per- mitted to be used in determining foreign of this subsection through cross insurance ings invested in United States property or arrangements or otherwise, and amounts referred to in clause (ii) or (iii) of statement reserves shall be substituted for the prevailing State assumed interest rate, ‘‘(B) regulations which may provide that a section 951(a)(1)(A). person will not be treated as a United States ‘‘(5) EFFECT OF TERMINATION.—For purposes and shareholder under paragraph (1) with respect of section 367, if— ‘‘(III) tables for mortality and morbidity to any foreign corporation if neither such ‘‘(A) an election is made by a corporation which reasonably reflect the current mor- person (nor any related person to such per- under paragraph (1) for any taxable year, and tality and morbidity risks in the corpora- son) is (directly or indirectly) insured under ‘‘(B) such election ceases to apply for any tion’s home country shall be substituted for any policy of insurance or reinsurance issued subsequent taxable year, the mortality and morbidity tables other- by such foreign corporation. such corporation shall be treated as a domes- wise used for such subchapter. tic corporation transferring (as of the 1st ‘‘(iv) All items of income, expenses, losses, ‘‘(d) OTHER DEFINITIONS AND RULES.—For day of such subsequent taxable year) all of and deductions shall be properly allocated or purposes of this section— its property to a foreign corporation in con- apportioned under regulations prescribed by ‘‘(1) TREATMENT OF BRANCHES.—If— nection with an exchange to which section the Secretary. ‘‘(A) a controlled foreign corporation car- 354 applies. ‘‘(3) EXCEPTION FOR CORPORATIONS NOT HELD ries on activities through a branch or similar ‘‘(c) SPECIAL RULE FOR CERTAIN CAPTIVE IN- BY INSUREDS.—Paragraph (1) shall not apply establishment with a home country other SURANCE COMPANIES.— to any foreign corporation if at all times than the home country of such corporation, ‘‘(1) IN GENERAL.—Solely for purposes of ap- during the taxable year of such foreign cor- and plying this subpart to related person insur- poration— ‘‘(B) the carrying on of such activities in ance income— ‘‘(A) less than 20 percent of the total com- such manner has substantially the same ef- ‘‘(A) the term ‘United States shareholder’ bined voting power of all classes of stock of fect as if such branch or similar establish- means, with respect to any foreign corpora- such corporation entitled to vote, and ment were a wholly owned subsidiary of such tion, a United States person (as defined in ‘‘(B) less than 20 percent of the total value corporation, section 957(c)) who owns (within the meaning of such corporation, this subpart shall, under regulations pre- of section 958(a)) any stock of the foreign is owned (directly or indirectly under the scribed by the Secretary, be applied as if corporation, principles of section 883(c)(4)) by persons who such branch or other establishment were a ‘‘(B) the term ‘controlled foreign corpora- are (directly or indirectly) insured under any wholly owned subsidiary of such corporation. tion’ has the meaning given to such term by policy of insurance or reinsurance issued by ‘‘(2) HOME COUNTRY.—For purposes of para- section 957(a) determined by substituting ‘25 such corporation or who are related persons graph (1)— percent or more’ for ‘more than 50 percent’, to any such person. ‘‘(A) IN GENERAL.—The term ‘home coun- and ‘‘(4) TREATMENT OF MUTUAL INSURANCE COM- try’ has the meaning given such term by sec- ‘‘(C) the pro rata share referred to in sec- PANIES.—In the case of a mutual insurance tion 953(d). tion 951(a)(1)(A)(i) shall be determined under company— ‘‘(B) BRANCH.—In the case of a branch or paragraph (5) of this subsection. ‘‘(A) this subsection shall apply, similar establishment, the term ‘home coun- ‘‘(2) RELATED PERSON INSURANCE INCOME.— ‘‘(B) policyholders of such company shall try’ means the foreign country in which— For purposes of this subsection— be treated as shareholders, and ‘‘(i) the principal place of business of the ‘‘(A) IN GENERAL.—The term ‘related per- ‘‘(C) appropriate adjustments in the appli- branch or similar establishment is located, son insurance income’ means any income cation of this subpart shall be made under and which— regulations prescribed by the Secretary. ‘‘(ii) separate books and accounts are ‘‘(i) is attributable to a policy of insurance ‘‘(5) DETERMINATION OF PRO RATA SHARE.— maintained. or reinsurance with respect to which the per- ‘‘(A) IN GENERAL.—The pro rata share de- ‘‘(3) RELATED PERSON DEFINED.—For pur- son (directly or indirectly) insured is a termined under this paragraph for any poses of this section, a person is a related United States shareholder in the foreign cor- United States shareholder is the lesser of— person with respect to a controlled foreign poration or a related person to such a share- ‘‘(i) the amount which would be deter- corporation, if— holder, and mined under paragraph (2) of section 951(a) ‘‘(A) such person is an individual, corpora- ‘‘(ii) would (subject to the modifications if— tion, partnership, trust, or estate which con- provided by subparagraph (B)) be taxed under ‘‘(I) only related person insurance income trols, or is controlled by, the controlled for- subchapter L of this chapter if such income were taken into account, eign corporation, or were the income of a domestic insurance ‘‘(II) stock owned (within the meaning of ‘‘(B) such person is a corporation, partner- company. section 958(a)) by United States shareholders ship, trust, or estate which is controlled by ‘‘(B) SPECIAL RULES.—For purposes of sub- on the last day of the taxable year were the the same person or persons which control the paragraph (A)— only stock in the foreign corporation, and controlled foreign corporation. ‘‘(i) The following provisions of subchapter ‘‘(III) only distributions received by United For purposes of the preceding sentence, con- L shall not apply: States shareholders were taken into account trol means, with respect to a corporation, ‘‘(I) The small life insurance company de- under subparagraph (B) of such paragraph the ownership, directly or indirectly, of duction. (2), or stock possessing more than 50 percent of the
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total voting power of all classes of stock en- which the Secretary of the Treasury deter- ‘‘(B) ARTIFICIAL INCOME SHIFTING AND BASIS titled to vote or of the total value of stock mines is satisfactory for purposes of this ADJUSTMENTS.—The form of a transaction of such corporation. In the case of a partner- paragraph and which includes an exchange of with a tax-indifferent party shall not be re- ship, trust, or estate, control means the own- information program, spected if— ership, directly or indirectly, of more than 50 section 7701(a)(4)(B) of the Internal Revenue ‘‘(i) it results in an allocation of income or percent (by value) of the beneficial interests Code of 1986 (as added by the amendments gain to the tax-indifferent party in excess of in such partnership, trust, or estate. For pur- made by this section) shall not apply to the such party’s economic income or gain, or poses of this paragraph, rules similar to the corporation with respect to taxable years ‘‘(ii) it results in a basis adjustment or rules of section 958 shall apply.’’. ending in any continuous period beginning shifting of basis on account of overstating (b) CONFORMING AMENDMENT.—The table of on such date during which the corporation is the income or gain of the tax-indifferent sections for subpart F of part III of sub- eligible for the benefits of such treaty (or party. chapter N of chapter 1 is amended by strik- any successor treaty with such foreign coun- ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For ing the items relating to sections 953 and 954 try meeting the requirements of this para- purposes of this subsection— and inserting: graph). ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The ‘‘Sec. 953. Active home country income. TITLE II—ECONOMIC SUBSTANCE term ‘economic substance doctrine’ means ‘‘Sec. 954. Other rules and definitions relat- DOCTRINE the common law doctrine under which tax ing to subpart F income.’’. SEC. 201. CLARIFICATION OF ECONOMIC SUB- benefits under subtitle A with respect to a (c) EFFECTIVE DATE.—The amendments STANCE DOCTRINE. transaction are not allowable if the trans- made by this section shall apply to taxable (a) IN GENERAL.—Section 7701 is amended action does not have economic substance or years of controlled foreign corporations be- by redesignating subsection (o) as subsection lacks a business purpose. ginning after December 31, 2007, and taxable (p) and by inserting after subsection (n) the ‘‘(B) TAX-INDIFFERENT PARTY.—The term years of United States shareholders with or following new subsection: ‘tax-indifferent party’ means any person or within which such taxable years of such cor- ‘‘(o) CLARIFICATION OF ECONOMIC SUBSTANCE entity not subject to tax imposed by subtitle porations end. DOCTRINE; ETC.— A. A person shall be treated as a tax-indif- SEC. 102. TREATMENT OF FOREIGN CORPORA- ‘‘(1) GENERAL RULES.— ferent party with respect to a transaction if TIONS MANAGED AND CONTROLLED ‘‘(A) IN GENERAL.—In any case in which a the items taken into account with respect to IN THE UNITED STATES AS DOMES- court determines that the economic sub- TIC CORPORATIONS. the transaction have no substantial impact stance doctrine is relevant for purposes of on such person’s liability under subtitle A. (a) IN GENERAL.—Section 7701(a)(4) of the this title to a transaction (or series of trans- ‘‘(C) EXCEPTION FOR PERSONAL TRANS- Internal Revenue Code of 1986 (defining do- actions), such transaction (or series of trans- mestic) is amended to read as follows: ACTIONS OF INDIVIDUALS.—In the case of an actions) shall have economic substance only individual, this subsection shall apply only ‘‘(4) DOMESTIC.— if the requirements of this paragraph are ‘‘(A) IN GENERAL.—The term ‘domestic’ to transactions entered into in connection met. with a trade or business or an activity en- means, when applied to a corporation or ‘‘(B) DEFINITION OF ECONOMIC SUBSTANCE.— partnership, a corporation or partnership gaged in for the production of income. For purposes of subparagraph (A)— ‘‘(D) TREATMENT OF LESSORS.—In applying which is created or organized in the United ‘‘(i) IN GENERAL.—A transaction has eco- States or under the law of the United States paragraph (1)(B)(ii) to the lessor of tangible nomic substance only if— property subject to a lease— or of any State unless, in the case of a part- ‘‘(I) the transaction changes in a meaning- nership, the Secretary provides otherwise by ‘‘(i) the expected net tax benefits with re- ful way (apart from Federal tax effects) the spect to the leased property shall not include regulations. taxpayer’s economic position, and ‘‘(B) INCOME TAX EXCEPTION FOR PUBLICLY- the benefits of— ‘‘(II) the taxpayer has a substantial nontax ‘‘(I) depreciation, TRADED CORPORATIONS MANAGED AND CON- purpose for entering into such transaction TROLLED IN THE UNITED STATES.—Notwith- ‘‘(II) any tax credit, or and the transaction is a reasonable means of ‘‘(III) any other deduction as provided in standing subparagraph (A), in the case of a accomplishing such purpose. guidance by the Secretary, and corporation the stock of which is regularly In applying subclause (II), a purpose of ‘‘(ii) subclause (II) of paragraph (1)(B)(ii) traded on an established securities market, achieving a financial accounting benefit shall be disregarded in determining whether if— shall not be taken into account in deter- any of such benefits are allowable. ‘‘(i) the corporation would not otherwise be mining whether a transaction has a substan- ‘‘(4) OTHER COMMON LAW DOCTRINES NOT AF- treated as a domestic corporation for pur- tial nontax purpose if the origin of such fi- FECTED.—Except as specifically provided in poses of this title, but nancial accounting benefit is a reduction of this subsection, the provisions of this sub- ‘‘(ii) the management and control of the income tax. section shall not be construed as altering or corporation occurs primarily within the ‘‘(ii) SPECIAL RULE WHERE TAXPAYER RELIES supplanting any other rule of law, and the United States, ON PROFIT POTENTIAL.—A transaction shall then, solely for purposes of chapter 1 (and not be treated as having economic substance requirements of this subsection shall be con- any other provision of this title relating to by reason of having a potential for profit un- strued as being in addition to any such other chapter 1), the corporation shall be treated less— rule of law. as a domestic corporation. ‘‘(I) the present value of the reasonably ex- ‘‘(5) REGULATIONS.—The Secretary shall ‘‘(C) MANAGEMENT AND CONTROL.—For pur- pected pre-tax profit from the transaction is prescribe such regulations as may be nec- poses of this paragraph, the management and substantial in relation to the present value essary or appropriate to carry out the pur- control of a corporation shall be treated as of the expected net tax benefits that would poses of this subsection. Such regulations primarily occurring within the United States be allowed if the transaction were respected, may include exemptions from the applica- if substantially all of the executive officers and tion of this subsection.’’. FFECTIVE DATE.—The amendments and senior management of the corporation ‘‘(II) the reasonably expected pre-tax profit (b) E made by this section shall apply to trans- who exercise day-to-day responsibility for from the transaction exceeds a risk-free rate actions entered into after the date of the en- making decisions involving strategic, finan- of return. actment of this Act. cial, and operational policies of the corpora- ‘‘(C) TREATMENT OF FEES AND FOREIGN tion are primarily located within the United TAXES.—Fees and other transaction expenses SEC. 202. PENALTY FOR UNDERSTATEMENTS AT- and foreign taxes shall be taken into account TRIBUTABLE TO TRANSACTIONS States. The Secretary may by regulations in- LACKING ECONOMIC SUBSTANCE, clude other individuals not described in the as expenses in determining pre-tax profit ETC. preceding sentence in the determination of under subparagraph (B)(ii). (a) IN GENERAL.—Subchapter A of chapter whether the management and control of the ‘‘(2) SPECIAL RULES FOR TRANSACTIONS WITH 68 is amended by inserting after section corporation occurs primarily within the TAX-INDIFFERENT PARTIES.— 6662A the following new section: ‘‘(A) SPECIAL RULES FOR FINANCING TRANS- United States if such other individuals exer- ‘‘SEC. 6662B. PENALTY FOR UNDERSTATEMENTS cise the day-to day responsibilities described ACTIONS.—The form of a transaction which is ATTRIBUTABLE TO TRANSACTIONS in the preceding sentence.’’. in substance the borrowing of money or the LACKING ECONOMIC SUBSTANCE, (b) EFFECTIVE DATES.— acquisition of financial capital directly or ETC. (1) IN GENERAL.—The amendments made by indirectly from a tax-indifferent party shall ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer this section shall apply to taxable years be- not be respected if the present value of the has an noneconomic substance transaction ginning on or after the date which is 2 years deductions to be claimed with respect to the understatement for any taxable year, there after the date of the enactment of this Act. transaction is substantially in excess of the shall be added to the tax an amount equal to (2) TRANSITION RULE FOR CORPORATIONS OR- present value of the anticipated economic re- 40 percent of the amount of such understate- GANIZED IN TREATY COUNTRIES.—If— turns of the person lending the money or ment. (A) a corporation is in existence on the providing the financial capital. A public of- ‘‘(b) REDUCTION OF PENALTY FOR DISCLOSED date of the enactment of this Act, and fering shall be treated as a borrowing, or an TRANSACTIONS.—Subsection (a) shall be ap- (B) the corporation was created or orga- acquisition of financial capital, from a tax- plied by substituting ‘20 percent’ for ‘40 per- nized under the laws of a foreign country indifferent party if it is reasonably expected cent’ with respect to the portion of any non- with which the United States has, on such that at least 50 percent of the offering will be economic substance transaction understate- date, a comprehensive income tax treaty placed with tax-indifferent parties. ment with respect to which the relevant
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S104 CONGRESSIONAL RECORD — SENATE January 4, 2007 facts affecting the tax treatment of the item (3) Subsection (e) of section 6707A is S. 97. A bill to amend the Internal are adequately disclosed in the return or a amended— Revenue Code of 1986 to replace the statement attached to the return. (A) by striking ‘‘or’’ at the end of subpara- Hope and Lifetime Learning credits ‘‘(c) NONECONOMIC SUBSTANCE TRANSACTION graph (B), and with a partially refundable college op- UNDERSTATEMENT.—For purposes of this sec- (B) by striking subparagraph (C) and in- tion— serting the following new subparagraphs: portunity credit; to the Committee on ‘‘(1) IN GENERAL.—The term ‘noneconomic ‘‘(C) is required to pay a penalty under sec- Finance. substance transaction understatement’ tion 6662B with respect to any noneconomic Mr. KERRY. Mr. President, today I means any amount which would be an under- substance transaction, or am introducing the College Oppor- statement under section 6662A(b)(1) if section ‘‘(D) is required to pay a penalty under sec- tunity Tax Credit Act of 2007. This leg- 6662A were applied by taking into account tion 6662(h) with respect to any transaction islation creates a new tax credit that items attributable to noneconomic sub- and would (but for section 6662A(e)(2)(C)) will put the cost of higher education in stance transactions rather than items to have been subject to penalty under section which section 6662A would apply without re- reach for American families. 6662A at a rate prescribed under section An October 2006 College Board report gard to this paragraph. 6662A(c) or under section 6662B,’’. ‘‘(2) NONECONOMIC SUBSTANCE TRANS- (c) CLERICAL AMENDMENT.—The table of found that this year tuition and other ACTION.—The term ‘noneconomic substance sections for part II of subchapter A of chap- costs at public and private universities transaction’ means any transaction if— ter 68 is amended by inserting after the item rose faster than inflation. And, accord- ‘‘(A) there is a lack of economic substance relating to section 6662A the following new ing to the report, tuition and fees at (within the meaning of section 7701(o)(1)) for item: public universities rose more in the the transaction giving rise to the claimed ‘‘Sec. 6662B. Penalty for understatements past five years than at any other time benefit or the transaction was not respected attributable to transactions under section 7701(o)(2), or in the past 30 years, increasing by 35 lacking economic substance, percent to $5,836 this academic year. ‘‘(B) the transaction fails to meet the re- etc.’’. quirements of any similar rule of law. (d) EFFECTIVE DATE.—The amendments Over the same time period, tuition and ‘‘(d) RULES APPLICABLE TO COMPROMISE OF made by this section shall apply to trans- fees at private universities increased 22 PENALTY.— actions entered into after the date of the en- percent to $22,218. ‘‘(1) IN GENERAL.—If the 1st letter of pro- actment of this Act. Unfortunately, neither student aid posed deficiency which allows the taxpayer SEC. 203. DENIAL OF DEDUCTION FOR INTEREST funds nor family incomes are keeping an opportunity for administrative review in ON UNDERPAYMENTS ATTRIB- pace with increasing tuition and fees. the Internal Revenue Service Office of Ap- UTABLE TO NONECONOMIC SUB- peals has been sent with respect to a penalty STANCE TRANSACTIONS. In my travels around the country, I to which this section applies, only the Com- (a) IN GENERAL.—Section 163(m) (relating frequently hear from parents concerned missioner of Internal Revenue may com- to interest on unpaid taxes attributable to they will not be able to pay for their promise all or any portion of such penalty. nondisclosed reportable transactions) is children’s college. These parents know ‘‘(2) APPLICABLE RULES.—The rules of para- amended— that earning a college education will graphs (2) and (3) of section 6707A(d) shall (1) by striking ‘‘attributable’’ and all that result in greater earnings for their apply for purposes of paragraph (1). follows and inserting the following: ‘‘attrib- children and they desperately want to ‘‘(e) COORDINATION WITH OTHER PEN- utable to— ALTIES.—Except as otherwise provided in this ‘‘(1) the portion of any reportable trans- ensure their kids have the greatest op- part, the penalty imposed by this section action understatement (as defined in section portunities possible. shall be in addition to any other penalty im- 6662A(b)) with respect to which the require- In 1997, we implemented two new tax posed by this title. ment of section 6664(d)(2)(A) is not met, or credits to make college affordable—the ‘‘(f) CROSS REFERENCES.— ‘‘(2) any noneconomic substance trans- HOPE Credit and the Lifetime Learn- ‘‘(1) For coordination of pen- action understatement (as defined in section ing Credit. These tax credits were im- alty with understatements 6662B(c)).’’, and portant and have put college in reach under section 6662 and other (2) by inserting ‘‘AND NONECONOMIC for families, but I believe we can do special rules, see section SUBSTANCE TRANSACTIONS’’ in the head- more. In December, the Senate Finance 6662A(e). ing thereof after ‘‘TRANSACTIONS’’. ‘‘(2) For reporting of penalty (b) EFFECTIVE DATE.—The amendments Committee held a hearing on tax in- imposed under this section made by this section shall apply to trans- centives for higher education in which to the Securities and Ex- actions after the date of the enactment of we learned that the existing tax credits change Commission, see this Act in taxable years ending after such are not reaching enough students, par- section 6707A(e).’’. date. ticularly lower-income students who (b) COORDINATION WITH OTHER UNDERSTATE- TITLE III—ELIMINATION OF HIGHEST are most severely impacted by rising MENTS AND PENALTIES.— CORPORATE MARGINAL INCOME TAX tuitions. (1) The second sentence of section RATE 6662(d)(2)(A) is amended by inserting ‘‘and The HOPE and Lifetime Learning SEC. 301. ELIMINATION OF HIGHEST CORPORATE without regard to items with respect to credits are not refundable, and there- MARGINAL INCOME TAX RATE. fore a family of four must have an in- which a penalty is imposed by section 6662B’’ (a) IN GENERAL.—Section 11(b)(1) (relating before the period at the end. to amount of tax imposed on corporations) is come over $30,000 in order to receive (2) Subsection (e) of section 6662A is amended by striking subparagraphs (C) and the maximum credit. Almost half of amended— (D) and inserting the following new subpara- families with college students fail to (A) in paragraph (1), by inserting ‘‘and non- graph: receive the full credit because their in- economic substance transaction understate- ‘‘(C) 34 percent of so much of the taxable ments’’ after ‘‘reportable transaction under- come is too low. In order to receive the income as exceeds $75,000.’’. full benefit of the Lifetime Learning statements’’ both places it appears, (b) CERTAIN PERSONAL SERVICE CORPORA- credit, a student has to spend $10,000 a (B) in paragraph (2)(A), by inserting ‘‘and a TIONS.—Section 11(b)(2) is amended by strik- noneconomic substance transaction under- ing ‘‘35 percent’’ and inserting ‘‘34 percent’’. year on tuition and fees. This is nearly statement’’ after ‘‘reportable transaction un- (c) CONFORMING AMENDMENTS.— double the average annual public four- derstatement’’, (1) Section 11(b)(1) is amended by striking year college tuition and four times the (C) in paragraph (2)(B), by inserting ‘‘6662B the last sentence. average annual tuition of a community or’’ before ‘‘6663’’, (2) Section 1201(a) is amended— college. Over 80 percent of college stu- (D) in paragraph (2)(C)(i), by inserting ‘‘or (A) by striking ‘‘35 percent’’ each place it dents attend schools with tuition and section 6662B’’ before the period at the end, appears and inserting ‘‘34 percent’’, and (E) in paragraph (2)(C)(ii), by inserting (B) by striking ‘‘last 2 sentences’’ and in- fees under $10,000. ‘‘and section 6662B’’ after ‘‘This section’’, serting ‘‘last sentence’’. In 2004, I proposed a refundable tax (F) in paragraph (3), by inserting ‘‘or non- (3) Paragraphs (1) and (2) of section 1445(e) credit to help pay for the cost of four economic substance transaction understate- are each amended by striking ‘‘35 percent’’ years of college. Currently the HOPE ment’’ after ‘‘reportable transaction under- and inserting ‘‘34 percent’’. Credit applies only to the first two statement’’, and (4) Section 1561(a) is amended by striking years of college. The College Oppor- (G) by adding at the end the following new ‘‘last 2 sentences’’ and inserting ‘‘last sen- tunity Tax Credit Act of 2007 (COTC) paragraph: tence’’. helps students and parents afford all ‘‘(4) NONECONOMIC SUBSTANCE TRANSACTION (d) EFFECTIVE DATE.—The amendments four years of college. It also builds on UNDERSTATEMENT.—For purposes of this sub- made by this section shall apply to taxable section, the term ‘noneconomic substance years beginning after December 31, 2007. the proposal I made in 2004 by incor- transaction understatement’ has the mean- porating some of the suggestions made ing given such term by section 6662B(c).’’. By Mr. KERRY: by experts, including those at this
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S105 week’s Finance Committee hearing. (b) ELIGIBLE STUDENTS.— ‘‘(B) 20 percent of such expenses so paid as My legislation creates a new credit (1) IN GENERAL.—Paragraph (1) of section exceeds $1,000 but does not exceed the appli- that replaces the existing HOPE credit 25A(b) of the Internal Revenue Code of 1986 is cable limit. and Lifetime Learning credit and ulti- amended— ‘‘(2) APPLICABLE LIMIT.—For purposes of (A) by striking ‘‘the Hope Scholarship paragraph (1)(B), the applicable limit for any mately makes these benefits more gen- Credit’’ and inserting ‘‘the eligible student taxable year is an amount equal to 3 times erous. credit amount determined under this sub- the dollar amount in effect under paragraph The COTC has two components. The section’’, and (1)(A) for such taxable year. first provides a refundable tax credit (B) by striking ‘‘PER STUDENT CREDIT’’ in ‘‘(3) SPECIAL RULES FOR DETERMINING EX- for a student enrolled in a degree pro- the heading and inserting ‘‘IN GENERAL’’. PENSES.— gram at least on a half-time basis. It (2) AMOUNT OF CREDIT.—Paragraph (4) of ‘‘(A) COORDINATION WITH CREDIT FOR ELIGI- would provide a 100 percent tax credit section 25A(b) of such Code (relating to ap- BLE STUDENTS.—The qualified tuition and re- for the first $1,000 of eligible expenses plicable limit) is amended by striking ‘‘2’’ lated expenses with respect to a student who and inserting ‘‘3’’. is an eligible student for whom a credit is al- and a 50 percent tax credit to the next (3) CREDIT REFUNDABLE.— lowed under subsection (a)(1) for the taxable $3,000 of expenses. The maximum credit (A) IN GENERAL.—Section 25A of such Code year shall not be taken into account under would be $2,500 each year per student. is amended by redesignating subsection (i) as this subsection. The second provides a nonrefundable subsection (j) and by inserting after sub- ‘‘(B) EXPENSES FOR JOB SKILLS COURSES AL- tax credit for part-time students, grad- section (h) the following new subsection: LOWED.—For purposes of paragraph (1), quali- uate students, and other students that ‘‘(i) PORTION OF CREDIT REFUNDABLE.— fied tuition and related expenses shall in- do not qualify for the refundable tax ‘‘(1) IN GENERAL.—The aggregate credits al- clude expenses described in subsection (f)(1) credit. It provides a 40 percent credit lowed under subpart C shall be increased by with respect to any course of instruction at an eligible educational institution to acquire for the first $1,000 of eligible expenses the amount of the credit which would be al- lowed under this section— or improve job skills of the student.’’. and a 20 percent credit for the next ‘‘(A) by reason of subsection (b), and (2) INFLATION ADJUSTMENT.— $3,000 of expenses. ‘‘(B) without regard to this subsection and (A) IN GENERAL.—Subsection (h) of section Both of these credits can be used for the limitation under section 26(a) or sub- 25A of such Code (relating to inflation ad- expenses associated with tuition and section (j), as the case may be. justments) is amended by adding at the end fees. The same income limits that ‘‘(2) TREATMENT OF CREDIT.—The amount of the following new paragraph: apply to the HOPE credit and the Life- the credit allowed under this subsection ‘‘(3) DOLLAR LIMITATION ON AMOUNT OF time Learning credit apply to the shall not be treated as a credit allowed under CREDIT UNDER SUBSECTION (a)(2).— COTC; the COTC will be phased out rat- this subpart and shall reduce the amount of ‘‘(A) IN GENERAL.—In the case of a taxable credit otherwise allowable under subsection year beginning after 2007, each of the $1,000 ably for taxpayers with income be- (a) without regard to section 26(a) or sub- amounts under subsection (c)(1) shall be in- tween $45,000 and $55,000 ($90,000 and section (j), as the case may be.’’. creased by an amount equal to— $110,000 for married taxpayers). These (B) TECHNICAL AMENDMENT.—Section ‘‘(i) such dollar amount, multiplied by amounts are indexed for inflation, as 1324(b) of title 31, United States Code, is ‘‘(ii) the cost-of-living adjustment deter- are the eligible amounts of expenses. amended by inserting ‘‘, or enacted by the mined under section 1(f)(3) for the calendar The College Opportunity Tax Credit College Opportunity Tax Credit Act of 2007’’ year in which the taxable year begins, deter- Act of 2007 simplifies the existing cred- before the period at the end. mined by substituting ‘calendar year 2006’ its that make higher education more (4) LIMITATIONS.— for ‘calendar year 1992’ in subparagraph (B) thereof. affordable and will enable more stu- (A) CREDIT ALLOWED FOR 4 YEARS.—Sub- paragraph (A) of section 25A(b)(2) of such ‘‘(B) ROUNDING.—If any amount as adjusted dents to be eligible for tax relief. I un- Code is amended— under subparagraph (A) is not a multiple of derstand that many of my colleagues (i) by striking ‘‘2’’ in the text and in the $100, such amount shall be rounded to the are interested in making college more heading and inserting ‘‘4’’, and next lowest multiple of $100.’’. affordable. I look forward to working (ii) by striking ‘‘the Hope Scholarship (B) CONFORMING AMENDMENT.—The heading with my colleagues to make a refund- Credit’’ and inserting ‘‘the credit allowable’’. for paragraph (1) of section 25A(h) of such able tax credit for college education a (B) ELIMINATION OF LIMITATION ON FIRST 2 code is amended by inserting ‘‘UNDER SUB- reality this Congress. I ask unanimous YEARS OF POSTSECONDARY EDUCATION.—Sec- SECTION (a)(1)’’ after ‘‘CREDIT’’. (d) CREDIT ALLOWED AGAINST ALTERNATIVE consent that the text of the bill be tion 25A(b)(2) of such Code is amended by striking subparagraph (C) and by redesig- MINIMUM TAX.— printed in the RECORD. nating subparagraph (D) as subparagraph (C). (1) IN GENERAL.—Section 25A of the Inter- There being no objection, the text of (5) CONFORMING AMENDMENTS.— nal Revenue Code of 1986, as amended by sub- the bill was ordered to be printed in (A) The heading of subsection (b) of section section (b)(3), is amended by redesignating the RECORD, as follows: 25A of such Code is amended to read as fol- subsection (j) as subsection (k) and by insert- S. 97 lows: ing after subsection (h) the following new subsection: Be it enacted by the Senate and House of Rep- ‘‘(b) ELIGIBLE STUDENTS.—’’. (B) Section 25A(b)(2) of such Code is ‘‘(j) LIMITATION BASED ON AMOUNT OF resentatives of the United States of America in TAX.—In the case of a taxable year to which Congress assembled, amended— (i) in subparagraph (B), by striking ‘‘the section 26(a)(2) does not apply, the credit al- SECTION 1. SHORT TITLE Hope Scholarship Credit’’ and inserting ‘‘the lowed under subsection (a) for the taxable This Act may be cited as the ‘‘College Op- year shall not exceed the excess of— credit allowable’’, and portunity Tax Credit Act of 2007’’. ‘‘(1) the sum of the regular tax liability (as (ii) in subparagraph (C), as redesignated by defined in section 26(b)) plus the tax imposed SEC. 2. COLLEGE OPPORTUNITY TAXT CREDIT. paragraph (4)(B), by striking ‘‘the Hope by section 55, over (a) IN GENERAL.— Scholarship Credit’’ and inserting ‘‘the cred- ‘‘(2) the sum of the credits allowed under (1) ALLOWANCE OF CREDIT.—Section 25A(a) it allowable’’. this subpart (other than this section and sec- of the Internal Revenue Code of 1986 (relat- (c) PART-TIME, GRADUATE, AND OTHER STU- tions 23, 24, and 25B) and section 27 for the ing to allowance of credit) is amended— DENTS.— taxable year.’’. (A) in paragraph (1), by striking ‘‘the Hope (1) IN GENERAL.—Subsection (c) of section (2) CONFORMING AMENDMENT.—Section Scholarship Credit’’ and inserting ‘‘the eligi- 25A of the Internal Revenue Code of 1986 is 25(a)(1) of such Code is amended by inserting ble student credit amount determined under amended to read as follows: subsection (b)’’, and ‘‘25A,’’ after ‘‘24,’’. ‘‘(c) PART-TIME, GRADUATE, AND OTHER (B) in paragraph (2), by striking ‘‘the Life- (e) EFFECTIVE DATE.—The amendments STUDENTS.— time Learning Credit’’ and inserting ‘‘the made by this section shall apply to taxable ‘‘(1) IN GENERAL.—In the case of any stu- years beginning after December 31, 2006. part-time, graduate, and other student credit dent for whom an election is in effect under amount determined under subsection (c)’’. this section for any taxable year, the part- (2) NAME OF CREDIT.—The heading for sec- By Mr. KERRY (for himself and time, graduate, and other student credit Ms. LANDRIEU): tion 25A of such Code is amended to read as amount determined under this subsection for follows: S. 98. A bill to foster the development any taxable year is an amount equal to the of minority-owned small businesses; to ‘‘SEC. 25A. COLLEGE OPPORTUNITY CREDIT.’’. sum of— (3) CLERICAL AMENDMENT.—The table of ‘‘(A) 40 percent of so much of the qualified the Committee on Small Business and sections for subpart A of parti IV of sub- tuition and related expenses paid by the tax- Entrepreneurship. chapter A of chapter 1 of such Code is payer during the taxable year (for education Mr. KERRY. Mr. President, I ask amended by striking the item relating to furnished to the student during any aca- unanimous consent that this statement section 25A and inserting the following: demic period beginning in such taxable year) be printed in the record. Mr. President, ‘‘Sec. 25A. College opportunity credit.’’. as does not exceed $1,000, plus I rise today to introduce the Minority
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S106 CONGRESSIONAL RECORD — SENATE January 4, 2007 Entrepreneurship Development Act of and develop that spirit in our minority goods and services that this nation 2007. At the beginning of a new Con- communities. To that end, this legisla- needs to stay competitive. This pro- gress it is important to set priorities tion provides several tools to help mi- gram will help prepare them to do just for the nation because every new Con- nority entrepreneurs as they develop that. gress brings with it the hope for a and grow their businesses. Finally, this legislation will extend brighter future. One of the ways that First, this legislation will create an the Socially and Economically Dis- this new Senate will lead is by creating Office of Minority Small Business De- advantaged Business Program which opportunities for more Americans to velopment at the Small Business Ad- expired in 2003. This program provides pursue the American dream. As incom- ministration. One of its primary func- a price evaluation adjustment for so- ing Chair of the Small Business and tions will be to increase the number of cially and economically disadvantaged Entrepreneurship Committee, I hope to small business loans that minority businesses as a way of increasing their help in that effort by fostering the de- businesses receive. Latinos, African- competitiveness when bidding against velopment of entrepreneurship in mi- Americans, Asian-Americans and larger firms. This is one more tool to nority communities. It’s vital that cur- women have been receiving far fewer increase opportunities for our minority rent and future entrepreneurs from mi- small business loans than they reason- small business owners. nority communities are given the op- ably should. I have outlined several ways that we portunity to build their own piece of To ensure that this trend is reversed can create a more positive environ- the American dream. I believe that this and minorities begin to get a greater ment for our minority small business legislation the Minority Entrepreneur- share of loan dollars, venture capital community. These are reasonable steps ship Development Act of 2007 will help investments, counseling, and con- that we ought to take without delay. in that effort. tracting opportunities, this bill will Moreover, these are important steps I want to take a moment and tell you give the new office the authority to that will help bolster a movement that why it’s so important to expand the monitor the outcomes for SBA’s Cap- is already underway. According to U.S. numbers of entrepreneurs in the minor- ital Access, Entrepreneurial Develop- Census data, Hispanics are opening ity community. As a member of the ment, and Government Contracting businesses 3 times faster than the na- Senate Committee on Small Business programs. It also requires the head of tional average. Also, business develop- and Entrepreneurship, I have received the Office to work with SBA’s partners, ment and entrepreneurship have played firsthand testimony and countless re- trade associations and business groups a significant role in the expansion of ports documenting the positive eco- to identify more effective ways to mar- the black middle class in this country nomic impact that occurs when we fos- ket to minority business owners, and for over a century. These business own- ter entrepreneurship in under-served to work with the head of SBA’s Field ers are embodying the entrepreneurial communities. There are signs of sig- Operations to ensure that district of- spirit that our forefathers carried with nificant economic returns when minor- fices have staff and resources to mar- them as they established this nation. ity businesses are created and are able ket to minorities. With this legislation and in my role to grow in size and capacity. Between Second, this legislation will create as incoming Chair of the Committee on 1987 and 1997, revenue from minority the Minority Entrepreneurship and In- Small Business and Entrepreneurship, I owned firms rose by 22.5 percent, an in- novation Pilot Program. This program hope to play a part in helping to extend crease equivalent to an annual growth will offer a competitive grant to His- that spirit to the next generation of rate of 10 percent. Employment oppor- torically Black Colleges and Univer- entrepreneurs. Not only is this vital for tunities within minority owned firms sities, Tribal Colleges, and Hispanic- our minority communities, but it is increased by 23 percent during that Serving Institutions to create an entre- vital for America. I urge my colleagues same period. There is a clear correla- preneurship curriculum at these insti- to join with me in support of the Mi- tion between the growth of minority tutions and to open Small Business De- nority Entrepreneurship Development owned firms and the economic viability velopment Centers on those campus’ to Act of 2007. of the minority community. serve local businesses. I ask unanimous consent that the Although these economic numbers The goal of this program is to target text of the legislation be printed in the tell a significant part of the story they students in highly skilled fields such as RECORD. don’t tell the whole story of what these engineering, manufacturing, science There being no objection, the text of firms mean to the minority commu- and technology, and guide them to- the bill was ordered to be printed in nities they serve and represent. Many wards entrepreneurship as a career op- the RECORD, as follows: tion. Traditionally, minority-owned of these business leaders are first gen- S. 098 eration immigrants; many are first businesses are disproportionately rep- resented in the service sectors. Pro- Be it enacted by the Senate and House of Rep- generation business owners and many resentatives of the United States of America in represent, for those in their commu- moting entrepreneurial education to Congress assembled, nities, what hard work, determination undergraduate students will help ex- SECTION 1. SHORT TITLE. and patience can do. pand business ownership beyond the This Act may be cited as the ‘‘Minority We must encourage those kinds of service sectors to higher yielding tech- Entrepreneurship Development Act of 2007’’. values in our minority communities nical and financial sectors. SEC. 2. FINDINGS. and, quite frankly, in our nation as a Third, this legislation will create the Congress finds that— whole. For generations, millions have Minority Access to Information Dis- (1) in 2005, the African American unem- come to our shores in search of a better tance Learning Pilot Program. This ployment rate was 9.5 percent and the His- life. Millions of others were brought program will offer competitive grants panic American unemployment rate was 6 here by force and for years were not to well established national minority percent, well above the national average of given a voice in how their lives would non-profit and business organizations 4.7 percent; turn out. But, how ever we got here, we to create distance learning programs (2) Hispanics Americans represent 12.5 per- cent of the United States population and ap- all have become branches of this great for small business owners who are in- proximately 6 percent of all United States tree we call America. This tree is still terested in doing business with the fed- businesses; nourished by roots planted by our fore- eral government. (3) African Americans account for 12.3 per- fathers more than 200 years ago. Those The goal of this program is to pro- cent of the population and only 4 percent of men and women planted the roots of vide low cost training to the many all United States businesses; hard work, innovation, faith and risk small business owners who cannot af- (4) Native Americans account for approxi- taking. ford to pay a consultant thousands of mately 1 percent of the population and .9 When you think about it, those words dollars for advice or training on how to percent of all United States businesses; are the perfect description of an entre- prepare themselves to contract with (5) entrepreneurship has proven to be an ef- fective tool for economic growth and viabil- preneur. It is the spirit of entrepre- the Federal Government. There are ity of all communities; neurship that has made our nation thousands of small businesses in this (6) minority-owned businesses are a key in- great. And that is why it is absolutely country that are excellent and effi- gredient for economic development in the imperative that we continue to support cient. They are primed to provide the community, an effective tool for creating
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lasting and higher-paying jobs, and a source ‘‘(b) ASSOCIATE ADMINISTRATOR FOR MINOR- training in various skill sets needed by suc- of wealth in the minority community; and ITY SMALL BUSINESS DEVELOPMENT.—The As- cessful entrepreneurs, including— (7) between 1987 and 1997, revenue from mi- sociate Administrator shall— (i) business management and marketing, nority-owned firms rose by 22.5 percent, an ‘‘(1) be— financial management and accounting, mar- increase equivalent to an annual growth rate ‘‘(A) an appointee in the Senior Executive ket analysis and competitive analysis, and of 10 percent, and employment opportunities Service who is a career appointee; or innovation and strategic planning; and within minority-owned firms increased by 23 ‘‘(B) an employee in the competitive serv- (ii) additional entrepreneurial skill sets percent. ice; specific to the needs of the student popu- SEC. 3. DEFINITIONS. ‘‘(2) be responsible for the formulation, lation and the surrounding community, as In this Act— execution, and promotion of policies and pro- determined by the institution. (1) the terms ‘‘Administration’’ and ‘‘Ad- grams of the Administration that provide as- (B) FOCUS.—The focus of the curriculum ministrator’’ mean the Small Business Ad- sistance to small business concerns owned developed under this paragraph shall be to ministration and the Administrator thereof, and controlled by minorities; help students in non-business majors develop respectively; ‘‘(3) act as an ombudsman for full consider- the tools necessary to use their area of ex- (2) the term ‘‘eligible association or orga- ation of minorities in all programs of the Ad- pertise as entrepreneurs. nization’’ means an association or organiza- ministration (including those under section (2) SMALL BUSINESS DEVELOPMENT CENTER tion that— 7(j) and 8(a)); REQUIREMENT.—Each eligible educational in- (A) is— ‘‘(4) work with the Associate Deputy Ad- stitution receiving a grant under this section (i) a national minority business associa- ministrator for Capital Access of the Admin- shall open a small business development cen- tion organized in accordance with section istration to increase the proportion of loans ter that— 501(c)(6) of the Internal Revenue Code of 1986; and loan dollars, and investments and in- (A) performs studies, research, and coun- or vestment dollars, going to minorities seling concerning the managing, financing, (ii) a foundation of national minority busi- through the finance programs under this Act and operation of small business concerns; ness associations organized in accordance and the Small Business Investment Act of (B) performs management training and with section 501(c)(3) of the Internal Revenue 1958 (including subsections (a), (b), and (m) of provides technical assistance regarding Code of 1986; section 7 of this Act and the programs under small business concern participation in (B) has a well established national network title V and parts A and B of title III of the international markets, export promotion and of local chapters, or a proven national mem- Small Business Investment Act of 1958); technology transfer, and the delivery or dis- bership; and ‘‘(5) work with the Associate Deputy Ad- tribution of such services and information; (C) has been in existence for at least the 10- ministrator for Entrepreneurial Develop- (C) offers referral services for entre- year period before the date of awarding a ment of the Administration to increase the preneurs and small business concerns to grant under section 6; proportion of counseling and training that business development, financing, and legal (3) the term ‘‘eligible educational institu- goes to minorities through the entrepre- experts; and tion’’ means an institution that is— neurial development programs of the Admin- (D) promotes market-specific innovation, (A) a public or private institution of higher istration; niche marketing, capacity building, inter- education (including any land-grant college ‘‘(6) work with the Associate Deputy Ad- national trade, and strategic planning as or university, any college or school of busi- ministrator for Government Contracting and keys to long term growth for its small busi- ness, engineering, commerce, or agriculture, Minority Enterprise Development of the Ad- ness concern and entrepreneur clients. or community college or junior college) or ministration to increase the proportion of (c) GRANT AWARDS.— any entity formed by 2 or more institutions contracts, including through the Small Busi- (1) IN GENERAL.—The Administrator may of higher education; and ness Innovation Research Program and the not award a grant under this section to a sin- (B) a— Small Business Technology Transfer Pro- gle eligible educational institution— (i) historically Black college; gram, to minorities; (A) in excess of $1,000,000 in any fiscal year; (ii) Hispanic-serving institution; or ‘‘(7) work with the partners of the Admin- or (iii) tribal college; istration, trade associations, and business (B) for a term of more than 2 years. (4) the term ‘‘historically Black college’’ groups to identify and carry out policies and (2) LIMITATION ON USE OF FUNDS.—Funds means a part B institution, as that term is procedures to more effectively market the made available under this section may not defined in section 322 of the Higher Edu- resources of the Administration to minori- be used for— cation Act of 1965 (20 U.S.C. 1061); ties; (A) any purpose other than those associ- (5) the term ‘‘Hispanic-serving institution’’ ‘‘(8) work with the Office of Field Oper- ated with the direct costs incurred by the el- has the meaning given that term in section ations of the Administration to ensure that igible educational institution to— 502 of the Higher Education Act of 1965 (20 district offices and regional offices have ade- (i) develop and implement the curriculum U.S.C. 1101a); quate staff, funding, and other resources to described in subsection (b)(1); or (6) the term ‘‘institution of higher edu- market the programs of the Administration (ii) organize and operate a small business cation’’ has the meaning given that term in to meet the objectives described in para- development center, as described in sub- section 101 of the Higher Education Act of graphs (4) through (7); and section (b)(2); or 1965 (20 U.S.C. 1101) ‘‘(9) report to and be responsible directly to (B) building expenses, administrative trav- (7) the term ‘‘small business concern’’ has the Administrator. el budgets, or other expenses not directly re- the meaning given that term in section 3 of ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— lated to the costs described in subparagraph the Small Business Act (15 U.S.C. 532); There are authorized to be appropriated to (A). (8) the term ‘‘small business development carry out this section— (d) MATCHING NOT REQUIRED.—Subpara- center’’ has the meaning given that term in ‘‘(1) $5,000,000 for fiscal year 2007; graphs (A) and (B) of section 21(a)(4) of the section 21 of the Small Business Act (15 ‘‘(2) $5,000,000 for fiscal year 2008; and Small Business Act (15 U.S.C. 648(a)(4)) shall U.S.C. 648); and ‘‘(3) $5,000,000 for fiscal year 2009.’’. not apply to a grant made under this section. (e) REPORT.— (9) the term ‘‘tribal college’’ has the same (b) CONFORMING AMENDMENTS.—Section meaning as the term ‘‘tribally controlled 4(b)(1) of the Small Business Act (15 U.S.C. (1) IN GENERAL.—Not later than November college or university’’ under section 2(a)(4) of 633(b)(1)) is amended in the sixth sentence, 1 of each year in which funds are made avail- the Tribally Controlled Community College by striking ‘‘Minority Small Business and able for grants under this section, the Asso- Assistance Act of 1978 (25 U.S.C. 1801(a)(4)). Capital Ownership Development’’ and all ciate Administrator of Entrepreneurial De- velopment of the Administration shall sub- SEC. 4. MINORITY SMALL BUSINESS DEVELOP- that follows through the end of the sentence MENT. and inserting ‘‘Minority Small Business De- mit to the Committee on Small Business and (a) IN GENERAL.—The Small Business Act velopment.’’. Entrepreneurship of the Senate and the Com- (15 U.S.C. 631 et seq.) is amended— SEC. 5. MINORITY ENTREPRENEURSHIP AND IN- mittee on Small Business of the House of (1) by redesignating section 37 as section NOVATION PILOT PROGRAM OF 2007. Representatives, a report evaluating the suc- 38; and (a) IN GENERAL.—The Administrator may cess of the program under this section during (2) by inserting after section 36 the fol- make grants to eligible educational institu- the preceding fiscal year. lowing: tions— (2) CONTENTS.—Each report under para- ‘‘SEC. 37. MINORITY SMALL BUSINESS DEVELOP- (1) to assist in establishing an entrepre- graph (1) shall include— MENT. neurship curriculum for undergraduate or (A) a description of each entrepreneurship ‘‘(a) OFFICE OF MINORITY SMALL BUSINESS graduate studies; and program developed with grant funds, the DEVELOPMENT.—There is established in the (2) for placement of a small business devel- date of the award, and the number of partici- Administration an Office of Minority Small opment center on the physical campus of the pants in each such program; Business Development, which shall be ad- institution. (B) the number of small business assisted ministered by the Associate Administrator (b) USE OF FUNDS.— through the small business development cen- for Minority Small Business Development (1) CURRICULUM REQUIREMENT.— ter with grant funds; and appointed under section 4(b)(1) (in this sec- (A) IN GENERAL.—An eligible educational (C) data regarding the economic impact of tion referred to as the ‘Associate Adminis- institution receiving a grant under this sec- the small business development center coun- trator’). tion shall develop a curriculum that includes seling provided with grant funds.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S108 CONGRESSIONAL RECORD — SENATE January 4, 2007 (f) AUTHORIZATION OF APPROPRIATION.— (g) LIMITATION ON USE OF OTHER FUNDS.— defray higher administrative costs There are authorized to be appropriated to The Administrator shall carry out this sec- faced by small employers in purchasing carry out this section $24,000,000 for each of tion only with amounts appropriated in ad- health care. This credit will help small fiscal years 2007 through 2009, to remain vance specifically to carry out this section. businesses afford health care pre- available until expended. SEC. 7. EXTENSION OF SOCIALLY AND ECONOMI- (g) LIMITATION ON USE OF OTHER FUNDS.— CALLY DISADVANTAGED BUSINESS miums. It is a refundable credit, so The Administrator shall carry out this sec- PROGRAM. that it will help new businesses that do tion only with amounts appropriated in ad- (a) IN GENERAL.—Section 7102(c) of the not yet have taxable income be able to vance specifically to carry out this section. Federal Acquisition Streamlining Act of 1994 offer health care and provide strug- SEC. 6. MINORITY ACCESS TO INFORMATION DIS- (15 U.S.C. 644 note) is amended by striking gling businesses with assistance so TANCE LEARNING PILOT PROGRAM ‘‘September 30, 2003’’ and inserting ‘‘Sep- that they can offer health care. OF 2007. tember 30, 2009’’. This tax credit will cut the cost of (a) IN GENERAL.—The Administrator may (b) EFFECTIVE DATE.—The amendment make grants to eligible associations and or- made by this section shall take effect 30 days health insurance by up to 50 percent ganizations to— after the date of enactment of this Act. for small business owners. It will en- (1) assist in establishing the technical ca- able small businesses to provide health pacity to provide online or distance learning By Mr. KERRY: insurance for their low- and moderate- for businesses seeking to contract with the S. 99. A bill to amend the Internal income employees. Until we can agree Federal Government; Revenue code of 1986 to provide a re- on a comprehensive proposal that will (2) develop curriculum for seminars that fundable credit for small business em- help reduce the cost of health care pre- will provide businesses with the technical ployee health insurance expenses; to expertise to contract with the Federal gov- miums for small businesses, this legis- ernment; and the Committee on Finance. lation provides an appropriate option (3) provide training and technical expertise Mr. KERRY. Mr. President, today I for increasing health insurance cov- through distance learning at low cost, or no am introducing the Small Business erage for small businesses and their cost, to participant business owners and Health Care Tax Credit Act which employees. other interested parties. would provide small businesses with a I ask for unanimous consent that the (b) USE OF FUNDS.—An eligible association refundable tax credit to help with the text of the legislation be printed in the or organization receiving a grant under this cost of providing employees with RECORD. section shall develop a curriculum that in- health insurance. Recent studies show There being no objection, the text of cludes training in various areas needed by the owners of small business concerns to suc- that certain groups of individuals are the bill was ordered to be printed in cessfully contract with the Federal Govern- less likely to have employer-provided the RECORD, as follows: ment, which may include training in ac- health insurance. The 2006 Kaiser Fam- S. 99 counting, marketing to the Federal Govern- ily Foundation Employer Health Bene- Be it enacted by the Senate and House of Rep- ment, applying for Federal certifications, fits Survey shows that since 2000 the resentatives of the United States of America in use of offices of small and disadvantaged number of firms offering health bene- Congress assembled, businesses, procurement conferences, the fits has declined from 69 percent to 61 SECTION 1. SHORT TITLE. scope of Federal procurement contracts, and percent in 2006. This decline in cov- This Act may be cited as the ‘‘Small Busi- General Services Administration schedules. ness Health Care Tax Credit Act’’. erage is more prevalent in small busi- (c) GRANT AWARDS.— SEC. 2. CREDIT FOR EMPLOYEE HEALTH INSUR- (1) IN GENERAL.—The Administrator may nesses. Only 48 percent of the firms ANCE EXPENSES. not award a grant under this section to a sin- with less than 10 employees offer (a) IN GENERAL.—Subpart D of part IV of gle eligible association or organization— health insurance whereas, 90 percent of subchapter A of chapter 1 of the Internal (A) in excess of $250,000 in any fiscal year; the firms with 50 or more employees Revenue Code of 1986 (relating to business-re- or offer health benefits. Approximately 32 lated credits) is amended by adding at the (B) for a term of more than 2 years. million Americans work for firms with end the following: (2) LIMITATION ON USE OF FUNDS.—Funds fewer than 50 employees. ‘‘SEC. 45O. EMPLOYEE HEALTH INSURANCE EX- made available under this section may not PENSES. be used— The April 2006 Commonwealth Fund ‘‘(a) GENERAL RULE.—For purposes of sec- (A) for any purpose other than those asso- Biennial Health Insurance Survey con- tion 38, in the case of a qualified small em- ciated with the direct costs incurred by the cluded that 41 percent of working-age ployer, the employee health insurance ex- eligible association or organization to de- Americans with incomes between penses credit determined under this section velop the curriculum described in subsection $20,000 and $40,000 were uninsured for at is an amount equal to the applicable percent- (b); or least part of the past year. This re- age of the amount paid by the taxpayer dur- (B) for building expenses, administrative flects a dramatic increase in this in- ing the taxable year for qualified employee travel budgets, or other expenses not di- come range, up from 28 percent in 2001. health insurance expenses. rectly related to the costs described in sub- ‘‘(b) APPLICABLE PERCENTAGE.—For pur- paragraph (A). The survey found that of the 48 million poses of subsection (a), the applicable per- (d) MATCHING NOT REQUIRED.—Subpara- American adults who were uninsured in centage is— graphs (A) and (B) of section 21(a)(4) of the the past year, 67 percent were in fami- ‘‘(1) 50 percent in the case of an employer Small Business Act (15 U.S.C. 648(a)(4)) shall lies where at least one person worked with less than 10 qualified employees, not apply to a grant made under this section. full time. ‘‘(2) 25 percent in the case of an employer (e) REPORT.— My legislation provides a refundable with more than 9 but less than 25 qualified (1) IN GENERAL.—Not later than November tax credit to small businesses designed employees, and 1 of each year, the Associate Administrator to help provide coverage to those who ‘‘(3) 20 percent in the case of an employer of Entrepreneurial Development of the Ad- with more than 24 but less than 50 qualified ministration shall submit to the Committee are currently uninsured. Small busi- employees. on Small Business and Entrepreneurship of nesses with less than 50 employees ‘‘(c) PER EMPLOYEE DOLLAR LIMITATION.— the Senate and the Committee on Small would be eligible to receive a tax credit The amount of qualified employee health in- Business of the House of Representatives, a to help with the cost of health care surance expenses taken into account under report evaluating the success of the program premiums for employees making more subsection (a) with respect to any qualified under this section during the preceding fiscal than $5,000 and less than $50,000 a year. employee for any taxable year shall not ex- year. To be eligible for the credit, the em- ceed— (2) CONTENTS.—Each report under para- ‘‘(1) $4,000 for self-only coverage, and graph (1) shall include— ployer has to pay at least 50 percent of ‘‘(2) $10,000 for family coverage. (A) a description of each distance learning the health care insurance premium. ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For program developed with grant funds under The credit for businesses with fewer purposes of this section— this section, the date of the award, and the than 10 employees will be capped at 50 ‘‘(1) QUALIFIED SMALL EMPLOYER.— number of participants in each program; and percent of the cost of the premium, and ‘‘(A) IN GENERAL.—The term ‘qualified (B) data regarding the economic impact of the credit amount decreases for larger small employer’ means any small employer the distance learning technical assistance businesses. which— provided with such grant funds. Last year, Leonard Burman, Co- ‘‘(i) provides eligibility for health insur- (f) AUTHORIZATION OF APPROPRIATIONS.— ance coverage (after any waiting period (as There are authorized to be appropriated to director of the Tax Policy Center, tes- defined in section 9801(b)(4))) to all qualified carry out this section $4,000,000 for each of tified before the Senate Finance Com- employees of the employer, and fiscal years 2007 through 2009, to remain mittee and suggested a refundable tax ‘‘(ii) pays at least 50 percent of the cost of available until expended. credit as an incremental option to help such coverage for each qualified employee.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S109 ‘‘(B) SMALL EMPLOYER.— ‘‘(i) IN GENERAL.—In the case of a taxable better nutrition and increased physical ‘‘(i) IN GENERAL.—For purposes of this year beginning after 2007, the $50,000 amount activity, and for other purposes; to the paragraph, the term ‘small employer’ means, in subparagraph (B)(i) shall be increased by Committee on Finance. with respect to any taxable year, any em- an amount equal to— Mrs. BOXER. Mr. President, today I ‘‘(I) such dollar amount, multiplied by ployer if— rise to introduce the Healthy Students ‘‘(I) the average gross receipts of such em- ‘‘(II) the cost-of-living adjustment deter- ployer for the preceding 3 taxable years does mined under section 1(f)(3) for the calendar Act, a bill that addresses the rising epi- not exceed $5,000,000, and year in which the taxable year begins, deter- demic of childhood obesity. ‘‘(II) such employer employed an average mined by substituting ‘calendar year 2006’ Over the past 30 years, obesity rates of more than 1 but less than 50 qualified em- for ‘calendar year 1992’ in subparagraph (B) have doubled for teenagers and tripled ployees on business days during the pre- thereof. for children ages 6 to 11. Today, more ceding taxable year. ‘‘(ii) ROUNDING.—If any amount as adjusted than 30 percent of children in America ‘‘(ii) AGGREGATE GROSS ASSETS.—For pur- under clause (i) is not a multiple of $1,000, are overweight and more than 15 per- poses of clause (i)(I), the term ‘aggregate such amount shall be rounded to the next cent are obese. As a result, more chil- lowest multiple of $1,000. gross assets’ shall have meaning given such dren are suffering from traditionally term by section 1202(d)(2). ‘‘(4) NO QUALIFIED EMPLOYEES EXCLUDED.— adult diseases—including type 2 diabe- ‘‘(iii) EMPLOYERS NOT IN EXISTENCE IN PRE- Subsection (a) shall not apply to an em- CEDING YEAR.—For purposes of clause (i)(II)— ployer for any period unless at all times dur- tes, hypertension and high choles- ‘‘(I) a preceding taxable year may be taken ing such period health insurance coverage is terol—and putting their health in great into account only if the employer was in ex- available to all qualified employees of such danger. istence throughout such year, and employer under similar terms. While the reasons for the growing ‘‘(II) in the case of an employer which was ‘‘(e) PORTION OF CREDIT MADE REFUND- number of obese children problems are ABLE.— not in existence throughout the preceding complex, the underlying problem is taxable year, the determination of whether ‘‘(1) IN GENERAL.—The aggregate credits al- lowed to a taxpayer under subpart C shall be simple. Children are becoming obese such employer is a qualified small employer because they are eating too much shall be based on the average number of em- increased by the lesser of— ployees that it is reasonably expected such ‘‘(A) the credit which would be allowed unhealthy food and getting too little employer will employ on business days in the under subsection (a) without regard to this exercise. current taxable year. subsection and the limitation under section Vending machines are in too many of 38(c), or ‘‘(iv) AGGREGATION RULES.—All persons our schools. Children today eat five treated as a single employer under sub- ‘‘(B) the amount by which the aggregate times as much fast food as they did 30 section (a) or (b) of section 52 or subsection amount of credits allowed by this subpart (determined without regard to this sub- years ago. And the number of students (m) or (o) of section 414 shall be treated as who eat green vegetables ‘‘nearly every one person for purposes of this subparagraph. section) would increase if the limitation im- posed by section 38(c) for any taxable year day or more’’ has dropped to only 30 ‘‘(v) PREDECESSORS.—The Secretary may prescribe regulations which provide for ref- were increased by the amount of employer percent. erences in this subparagraph to an employer payroll taxes imposed on the taxpayer dur- Children are getting too little exer- to be treated as including references to pred- ing the calendar year in which the taxable cise. Nearly 23 percent of children ages ecessors of such employer. year begins. 9–13 do not engage in any free-time The amount of the credit allowed under this ‘‘(2) QUALIFIED EMPLOYEE HEALTH INSUR- physical activity during the school subsection shall not be treated as a credit al- ANCE EXPENSES.— day, and nearly 60 percent do not par- lowed under this subpart and shall reduce ‘‘(A) IN GENERAL.—The term ‘qualified em- ticipate in any kind of organized sports ployee health insurance expenses’ means any the amount of the credit otherwise allowable under subsection (a) without regard to sec- or physical activity program outside of amount paid by an employer for health in- school. surance coverage to the extent such amount tion 38(c). is attributable to coverage provided to any ‘‘(2) EMPLOYER PAYROLL TAXES.—For pur- Also, the lack of qualified health pro- employee while such employee is a qualified poses of this subsection— fessionals (school nurses)—compounded employee. ‘‘(A) IN GENERAL.—The term ‘employer with the access to them—is taking an payroll taxes’ means the taxes imposed by— ‘‘(B) EXCEPTION FOR AMOUNTS PAID UNDER adverse toll on children’s health in our ‘‘(i) section 3111(b), and SALARY REDUCTION ARRANGEMENTS.—No public schools. With just one licensed ‘‘(ii) sections 3211(a) and 3221(a) (deter- amount paid or incurred for health insurance nurse for every 1,155 students, too coverage pursuant to a salary reduction ar- mined at a rate equal to the rate under sec- tion 3111(b)). many children don’t have access to a rangement shall be taken into account under caring health care professional who can subparagraph (A). ‘‘(B) SPECIAL RULE.—A rule similar to the rule of section 24(d)(2)(C) shall apply for pur- diagnose illness, administer medicine, ‘‘(C) HEALTH INSURANCE COVERAGE.—The term ‘health insurance coverage’ has the poses of subparagraph (A). handle emergencies, or treat injuries. ‘‘(f) DENIAL OF DOUBLE BENEFIT.—No de- meaning given such term by section We should ensure that during the duction or credit under any other provision 9832(b)(1). school day, children have access to bet- of this chapter shall be allowed with respect ‘‘(3) QUALIFIED EMPLOYEE.— to qualified employee health insurance ex- ter nutrition and health care, more ‘‘(A) IN GENERAL.—The term ‘qualified em- penses taken into account under subsection physical activity, and the skills nec- ployee’ means an employee of an employer (a).’’. essary for a lifetime of good health. who, with respect to any period, is not pro- (b) CREDIT TO BE PART OF GENERAL BUSI- And that’s what the Healthy Students vided health insurance coverage under— NESS CREDIT.—Section 38(b) of the Internal Act will do. ‘‘(i) a health plan of the employee’s spouse, Revenue Code of 1986 (relating to current ‘‘(ii) title XVIII, XIX, or XXI of the Social First, the bill creates a commission year business credit) is amended by striking of children’s health experts to review Security Act, ‘‘plus’’ at the end of paragraph (30), by strik- ‘‘(iii) chapter 17 of title 38, United States ing the period at the end of paragraph (31) existing school nutrition guidelines Code, and inserting ‘‘, plus’’, and by adding at the and develop new, healthier standards ‘‘(iv) chapter 55 of title 10, United States end the following: that provide more fresh fruits and Code, ‘‘(32) the employee health insurance ex- vegetables and eliminate food of mini- ‘‘(v) chapter 89 of title 5, United States penses credit determined under section mal nutritional value. Code, or 45O.’’. Second, the bill creates a grant pro- ‘‘(vi) any other provision of law. (c) CLERICAL AMENDMENT.—The table of gram for school nutrition pilot pro- ‘‘(B) EMPLOYEE.—The term ‘employee’— sections for subpart D of part IV of sub- ‘‘(i) means any individual, with respect to chapter A of chapter 1 of the Internal Rev- grams that promote alternative health- any calendar year, who is reasonably ex- enue Code of 1986 is amended by adding at ful food promotion in its curriculum pected to receive not more than $50,000 of the end the following: and lunch program. compensation from the employer during such ‘‘Sec. 45O. Employee health insurance ex- I have seen firsthand what can be ac- year, penses.’’. complished with such innovative pro- ‘‘(ii) does not include an employee within (d) EFFECTIVE DATE.—The amendments grams. For example in Berkeley, Cali- the meaning of section 401(c)(1), and made by this section shall apply to amounts fornia, the ‘‘Edible Schoolyard’’ pro- paid or incurred in taxable years beginning ‘‘(iii) includes a leased employee within gram is changing the way kids eat and the meaning of section 414(n). after December 31, 2006. ‘‘(C) COMPENSATION.—The term ‘compensa- learn about nutrition. Schools in the tion’ means amounts described in section By Mrs. BOXER: Edible Schoolyard program maintain 6051(a)(3). S. 100. A bill to encourage the health an organic garden and integrate the ‘‘(D) INFLATION ADJUSTMENT.— of children in schools by promoting garden into both the curriculum and
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S110 CONGRESSIONAL RECORD — SENATE January 4, 2007 lunch program. This hands-on approach percent of the benefit of the dividends My colleagues on the other side of educates students on healthy eating— tax cuts. According to the Congres- the aisle have argued that the exten- from planting, to harvesting, to their sional Budget Office, 42.8 percent of sion of the capital gains and dividends plates. By teaching kids about the con- taxpayers with income between $50,000 benefits is necessary to provide inves- nection between what they eat and and $100,000 will be impacted by the tor certainty. But I believe that the where it comes from, we can help them AMT if the AMT is not fixed for 2007 a certainty of working families worried develop good nutrition habits that will number that increases to 66 percent by about paying the AMT should come last a lifetime. 2010. The Tax Increase Prevention and first. Third, the bill creates a ‘‘Healthy Reconciliation of Act of 2005 extends a About a third of long-term capital Hour’’ pilot program that provides tax cut that does not expire to the end gains are reported by taxpayers who funding for an additional hour to the of 2008 with a price tag of $50 billion, are impacted by the AMT and due to school day either before, after or dur- but fails to protect the hard working the interaction of the AMT, they do ing school—set aside specifically for families that will be impacted by the not fully benefit from the lower rates. physical activity. As more and more AMT. These families were never in- Simply put, taxpayers forced to carry schools have cut recess and physical tended to be impacted by the AMT, a the AMT burden will not benefit from education classes, the bill provides tax originally designed to prevent a the lower capital gains and dividends funding for programs that extend phys- small number of high-income tax- rate. ical activity time and highlight the payers from avoiding taxation. The AMT is a looming problem that importance of exercise for children in Today, I am introducing legislation is impacting hard-working families and schools across the country. that will address the AMT for 2007 and for each year that we fail to address Fourth, to make sure that children repeal the lower tax rates on capital the AMT, it gets worse and more ex- have the equipment they need, the bill dividends for 2009 and 2010. To calculate pensive. At a minimum we must ad- provides tax incentives to individuals the AMT, individuals add back certain dress the AMT for 2007. My legislation and businesses to donate exercise and ‘‘preference items’’ to their regular tax is not a long-term cure to the AMT cri- gymnasium equipment to schools and liability. These include personal ex- sis, but it will provide certainty for organizations serving students. emptions, the standard deduction, and 2007 to hard working families who will And fifth, to address the shortage of the itemized deduction for state and be impacted by the AMT just because qualified health care professionals in local taxes. From this amount, tax- of where they live and the number of schools, the bill creates a tuition loan payers subtract the AMT exemption children they have, and it will address- forgiveness program for those who earn amount, commonly referred to as the es the AMT in a revenue neutral man- a degree in nursing and make a min- ‘‘patch’’ which reverted to lower levels ner for 2007 as well. imum 3-year commitment to work in a at the end of 2005. The Tax Increase We all agree that the AMT should public elementary or secondary school. Prevention and Reconciliation Act of not be impacting families with incomes We are saying to prospective nurses: If 2005 increased and extended the patch below $100,000. My bill fixes the AMT you make an investment in helping for 2006. The patch was increased in for 2007 in a timely and fiscally respon- kids, then we will make an investment order to hold the same number of tax- sible manner and gives Congress time in you. payers harmless from the AMT in 2006 to work in a bipartisan manner to find Childhood obesity is a growing epi- as in 2005. a fiscally responsible permanent solu- demic that we must address now. I urge The problem with the AMT is that tion to the AMT. my colleagues to support the Healthy while the regular tax system is indexed I ask unanimous consent that the Students Act to ensure that all chil- for inflation, the AMT exemption text of this bill be printed in the dren have the health they need to amounts and tax brackets remain con- RECORD. achieve their dreams. stant. This has the perverse con- There being no objection, the text of sequence of punishing taxpayers for the the bill was ordered to be printed in By Mr. KERRY: mere fact their incomes rose due to in- the RECORD, as follows: S. 102. A bill to amend the Internal flation. S. 102 Revenue Code of 1986 to extend and ex- In 2001 Congress opted to provide Be it enacted by the Senate and House of Rep- pand relief from the alternative min- more tax cuts to those with incomes of resentatives of the United States of America in imum tax and to repeal the extension over $1 million rather than fix a loom- Congress assembled, of the lower rates for capital gains and ing tax problem for the middle class. SECTION 1. EXTENSION AND INCREASE IN MIN- dividends for 2009 and 2010; to the Com- The Economic Growth and Tax Relief IMUM TAX RELIEF TO INDIVIDUALS. mittee on Finance. Reconciliation Act of 2001 did include a (a) IN GENERAL.—Section 55(d)(1) of the In- ternal Revenue Code of 1986 is amended— Mr. KERRY. Mr. President, today I small adjustment to the AMT, but it (1) by striking ‘‘$62,550 in the case of tax- am introducing legislation which ad- was not enough. And we knew then able years beginning in 2006’’ in subpara- dresses the individual alternative min- that the number of taxpayers subject graph (A) and inserting ‘‘$67,100 in the case of imum tax (AMT) for 2007. Last Con- to the AMT would continue to rise taxable years beginning in 2007’’, and gress, a choice was made to extend steadily because the combination of (2) by striking ‘‘$42,500 in the case of tax- lower capital gains and dividends rates tax cuts and a minor adjustment to the able years beginning in 2006’’ in subpara- that do not expire until the end of 2008 AMT would cause the AMT to explode. graph (B) and inserting ‘‘$44,800 in the case of rather than address the AMT for 2007. We are rapidly approaching this explo- taxable years beginning in 2007’’. (b) EFFECTIVE DATE.—The amendments My preference was to address the AMT sion and without immediate action made by this section shall apply to taxable for 2007 and I believe we still must take America’s middle class will be harmed. years beginning after December 31, 2006. action to prevent taxpayers never in- My legislation extends and expands SEC. 2. ALLOWANCE OF NONREFUNDABLE PER- tended to pay the AMT from being pe- the AMT exemption amount for 2007 to SONAL CREDITS AGAINST REGULAR nalized this year. prevent additional taxpayers from AND ALTERNATIVE MINIMUM TAX LI- I opposed the Tax Increase Preven- being impacted by the AMT. Without ABILITY. (a) IN GENERAL.—Paragraph (2) of section tion and Reconciliation Act of 2005 be- increasing and extending the AMT ex- 26(a) of the Internal Revenue Code of 1986 is cause it contained the wrong priorities emption for 2007, an additional 19.5 mil- amended— for America leaving behind working lion taxpayers will be impacted by the (1) by striking ‘‘2006’’ in the heading thereof families and substantially adding to AMT in 2007. Large families, with in- and inserting ‘‘2007’’, and the deficit. This law extended the lower comes as low as $49,438, will be hurt by (2) by striking ‘‘or 2006’’ and inserting rates on capital gains and dividends for the AMT. My legislation will allow ‘‘2006, or 2007’’. 2009 and 2010, but only addressed the in- nonrefundable personal credits such as (b) CONFORMING PROVISIONS.— dividual AMT for 2006. the higher education tax credits and (1) Section 30B(g) of the Internal Revenue Code of 1986 is amended by adding at the end According to the Joint Committee on the dependent care credit against the the following new paragraph: Taxation, those earning $200,000 or AMT for 2007. This legislation is offset ‘‘(3) SPECIAL RULE FOR 2007.—For purposes more will receive 84 percent of the ben- by repealing the lower rates on capital of any taxable year beginning during 2007, efit of the capital gains tax cut and 63 gains and dividends. the credit allowed under subsection (a) (after
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S111 the application of paragraph (1)) shall not ex- tax rates on the windfall profits that S. 106. A bill to amend the Public ceed the excess of— they are currently enjoying. And with- Health Service Act to provide for the ‘‘(A) the sum of the regular tax liability out Congressional action this benefit establishment of a National Center for (as defined in section 26(b)) plus the tax im- will increase: upon enactment, the do- Social Work Research; to the Com- posed by section 55, over mittee on Health, Education, Labor, ‘‘(B) the sum of the credits allowable under mestic manufacturing deduction was subpart A and this subpart (other than this three percent, but it increased to six and Pensions. section and section 30C).’’. percent in 2007 and it is scheduled to Mr. INOUYE. Mr. President, I rise (2) Section 30C(d) of the Internal Revenue increase to nine percent in 2010. today to introduce legislation to Code of 1986 is amended by adding at the end I urge my colleagues to support this amend the Public Health Service Act the following new paragraph: legislation. We owe it to the American for the establishment of a National ‘‘(3) SPECIAL RULE FOR 2007.—For purposes people to eliminate tax benefits to the Center for Social Work Research. So- of any taxable year beginning during 2007, oil industry at a time of record profits, cial workers provide a multitude of the credit allowed under subsection (a) (after health care delivery services through- the application of paragraph (1)) shall not ex- record gas prices, and record deficits. I ask unanimous consent that the out America to our children, families, ceed the excess of— the elderly, and persons suffering from ‘‘(A) the sum of the regular tax liability text of this bill be printed in the various forms of abuse and neglect. The (as defined in section 26(b)) plus the tax im- RECORD. posed by section 55, over There being no objection, the text of purpose of this center is to support and ‘‘(B) the sum of the credits allowable under the bill was ordered to be printed in disseminate information about basic and clinical social work research, and subpart A and this subpart (other than this the RECORD, as follows: section).’’. training, with emphasis on service to S. 103 (c) EFFECTIVE DATE.—The amendments underserved and rural populations. made by this section shall apply to taxable Be it enacted by the Senate and House of Rep- While the Federal Government pro- years beginning after December 31, 2006. resentatives of the United States of America in vides funding for various social work SEC. 3. REPEAL OF EXTENSION OF LOWER RATES Congress assembled, research activities through the Na- FOR CAPITAL GAINS AND DIVI- SECTION 1. SHORT TITLE. DENDS. tional Institutes of Health and other This Act may be cited as the ‘‘Restore a Federal agencies, there presently is no The amendment made by section 102 of the Rational Tax Rate on Petroleum Production Tax Increase Prevention and Reconciliation Act of 2007’’. coordination or direction of these crit- Act of 2005 is repealed and the Internal Rev- ical activities and no overall assess- SEC. 2. FINDINGS. enue Code of 1986 shall be applied as if such The Congress finds that— ment of needs and opportunities for amendment had never been enacted. (1) like many other countries, the United empirical knowledge development. The establishment of a Center for Social By Mr. KERRY (for himself, Mrs. States has long provided export-related ben- efits under its tax law, Work Research would result in im- FEINSTEIN, and Mr. WYDEN): (2) producers and refiners of oil and natural proved behavioral and mental health S. 103. A bill to amend the Internal gas were specifically denied the benefits of care outcomes for our nation’s chil- Revenue Code of 1986 to provide that those export-related tax provisions, dren, families, the elderly, and others. major oil and gas companies will not be (3) those export-related tax provisions were In order to meet the increasing chal- eligible for the effective rate reduc- successfully challenged by the European lenges of bringing cost-effective, re- tions enacted in 2004 for domestic man- Union as being inconsistent with our trade search-based, quality health care to all agreements, ufacturers; to Committee on Finance. Americans, we must recognize the im- Mr. KERRY. Mr. President, today, I (4) the Congress responded by repealing the export-related benefits and enacting a sub- portant contributions of social work am introducing the Restore a Rational researchers to health care delivery and Tax Rate on Petroleum Act of 2007. stitute benefit that was an effective rate re- duction for United States manufacturers, the central role that the Center for So- This legislation repeals the manufac- (5) producers and refiners of oil and natural cial Work can provide in facilitating turing deduction for big oil and gas gas were made eligible for the rate reduction their work. companies that was enacted by Con- even though they suffered no detriment from I ask unanimous consent that the gress in 2004. I introduced this legisla- repeal of the export-related benefits, and text of this bill be printed in the tion in the 109th Congress and Con- (6) the decision to provide the effective RECORD. gressman MCDERMOTT introduced com- rate reduction to producers and refiners of There being no objection, the text of panion legislation in the House. oil and natural gas has operated as a reverse the bill was ordered to be printed in The domestic manufacturing deduc- windfall profits tax, lowering the tax rate on the windfall profits they are currently enjoy- the RECORD, as follows: tion was designed to replace export-re- ing. S. 106 lated tax benefits that were success- SEC. 3. DENIAL OF DEDUCTION FOR INCOME AT- Be it enacted by the Senate and House of Rep- fully challenged by the European TRIBUTABLE TO DOMESTIC PRO- resentatives of the United States of America in Union. Producers of oil and gas did not DUCTION OF OIL, NATURAL GAS, OR Congress assembled, benefit from this tax break. Initial leg- PRIMARY PRODUCTS THEREOF. SECTION 1. SHORT TITLE. islation proposed to address the repeal (a) IN GENERAL.—Subparagraph (B) of sec- This Act may be cited as the ‘‘National of the export-related tax benefits and tion 199(c)(4) of the Internal Revenue Code of Center for Social Work Research Act’’. 1986 (relating to exceptions) is amended by to replace them with a new domestic SEC. 2. FINDINGS. striking ‘‘or’’ at the end of clause (ii), by Congress finds that— manufacturing deduction. That legisla- striking the period at the end of clause (iii) (1) social workers focus on the improve- tion only provided the deduction to in- and inserting ‘‘, or’’, and by inserting after ment of individual and family functioning dustries that benefited from the ex- clause (iii) the following new clause: and the creation of effective health and men- port-related tax benefits. However, the ‘‘(iv) in the case of any major integrated tal health prevention and treatment inter- final product extended the deduction to oil company (as defined in section ventions in order for individuals to become include the oil and gas industry as 167(h)(5)(B)), the production, refining, proc- more productive members of society; well. essing, transportation, or distribution of oil, (2) social workers provide front line pre- My bill repeals the manufacturing natural gas, or any primary product thereof vention and treatment services in the areas during any taxable year described in section deduction for oil and gas companies be- of school violence, aging, teen pregnancy, 167(h)(A).’’. child abuse, domestic violence, juvenile cause these industries suffered no det- (b) CONFORMING AMENDMENTS.—Section crime, and substance abuse, particularly in riment from the repeal of export-re- 199(c)(4) of such Code is amended— rural and underserved communities; and lated tax benefits. At a time when oil (1) in subparagraph (A)(i)(III) by striking (3) social workers are in a unique position companies are reporting mind-boggling ‘‘electricity, natural gas,’’ and inserting to provide valuable research information on record profits, there is no reason to re- ‘‘electricity’’, and these complex social concerns, taking into ward them with a tax deduction. (2) in subparagraph (B)(ii) by striking account a wide range of social, medical, eco- Like me, many Members of Congress ‘‘electricity, natural gas,’’ and inserting nomic and community influences from an ‘‘electricity’’. support a windfall profits tax on big oil interdisciplinary, family-centered and com- (c) EFFECTIVE DATE.—The amendments and gas companies. Providing this de- munity-based approach. made by this section shall apply to taxable SEC. 3. ESTABLISHMENT OF NATIONAL CENTER duction to oil and gas companies actu- years beginning after December 31, 2006. FOR SOCIAL WORK RESEARCH. ally functions as a reverse windfall (a) IN GENERAL.—Section 401(a) of the Pub- profits tax. This deduction lowers the By Mr. REID (for Mr. INOUYE): lic Health Service Act (42 U.S.C. 281(a)), as
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amended by the National Institutes of ‘‘(iii) may review any grant, contract, or ‘‘(2) REAPPOINTMENTS.—A member of the Health Reform Act of 2006) is amended by cooperative agreement proposed to be made advisory council who has been appointed adding at the end the following: or entered into by the Center; under subsection (b)(3) for a term of 4 years ‘‘(26) The National Center for Social Work ‘‘(B) may collect, by correspondence or by may not be reappointed to the advisory Research.’’. personal investigation, information relating council prior to the expiration of the 2-year (b) ESTABLISHMENT.—Part E of title IV of to studies that are being carried out in the period beginning on the date on which the the Public Health Service Act (42 U.S.C. 287 United States or any other country and, with prior term expired. et seq.) is amended by adding at the end the the approval of the Director of the Center, ‘‘(3) VACANCY.—If a vacancy occurs on the following: make such information available through advisory council among the members under ‘‘Subpart 7—National Center for Social Work appropriate publications; and subsection (b)(3), the Secretary shall make Research ‘‘(C) may appoint subcommittees and con- an appointment to fill that vacancy not later ‘‘SEC. 485J. PURPOSE OF CENTER. vene workshops and conferences. than 90 days after the date on which the va- ‘‘The general purpose of the National Cen- ‘‘(b) MEMBERSHIP.— cancy occurs. ter for Social Work Research (referred to in ‘‘(1) IN GENERAL.—The advisory council ‘‘(d) CHAIRPERSON.—The chairperson of the this subpart as the ‘Center’) is the conduct shall be composed of the ex officio members advisory council shall be selected by the Sec- and support of, and dissemination of tar- described in paragraph (2) and not more than retary from among the members appointed geted research concerning social work meth- 18 individuals to be appointed by the Sec- under subsection (b)(3), except that the Sec- ods and outcomes related to problems of sig- retary under paragraph (3). retary may select the Director of the Center nificant social concern. The Center shall— ‘‘(2) EX OFFICIO MEMBERS.—The ex officio to be the chairperson of the advisory council. ‘‘(1) promote research and training that is members of the advisory council shall in- The term of office of the chairperson shall be designed to inform social work practices, clude— 2 years. thus increasing the knowledge base which ‘‘(A) the Secretary of Health and Human ‘‘(e) MEETINGS.—The advisory council shall promotes a healthier America; and Services, the Director of NIH, the Director of meet at the call of the chairperson or upon ‘‘(2) provide policymakers with empiri- the Center, the Chief Social Work Officer of the request of the Director of the Center, but cally-based research information to enable the Veterans’ Administration, the Assistant not less than 3 times each fiscal year. The lo- such policymakers to better understand Secretary of Defense for Health Affairs, the cation of the meetings of the advisory coun- complex social issues and make informed Associate Director of Prevention Research at cil shall be subject to the approval of the Di- funding decisions about service effectiveness the National Institute of Mental Health, the rector of the Center. ‘‘(f) ADMINISTRATIVE PROVISIONS.—The Di- and cost efficiency. Director of the Division of Epidemiology and rector of the Center shall designate a mem- ‘‘SEC. 485K. SPECIFIC AUTHORITIES. Services Research, the Assistant Secretary ber of the staff of the Center to serve as the ‘‘(a) IN GENERAL.—To carry out the pur- of Health and Human Services for the Ad- executive secretary of the advisory council. pose described in section 485J, the Director ministration for Children and Families, the The Director of the Center shall make avail- of the Center may provide research training Assistant Secretary of Education for the Of- able to the advisory council such staff, infor- and instruction and establish, in the Center fice of Educational Research and Improve- mation, and other assistance as the council and in other nonprofit institutions, research ment, the Assistant Secretary of Housing traineeships and fellowships in the study and may require to carry out its functions. The and Urban Development for Community Director of the Center shall provide orienta- investigation of the prevention of disease, Planning and Development, and the Assist- health promotion, the association of socio- tion and training for new members of the ad- ant Attorney General for Office of Justice visory council to provide such members with economic status, gender, ethnicity, age and Programs (or the designees of such officers); geographical location and health, the social such information and training as may be ap- and propriate for their effective participation in work care of individuals with, and families ‘‘(B) such additional officers or employees of individuals with, acute and chronic ill- the functions of the advisory council. of the United States as the Secretary deter- ‘‘(g) COMMENTS AND RECOMMENDATIONS.— nesses, child abuse, neglect, and youth vio- mines necessary for the advisory council to lence, and child and family care to address The advisory council may prepare, for inclu- effectively carry out its functions. sion in the biennial report under section problems of significant social concern espe- ‘‘(3) APPOINTED MEMBERS.—The Secretary cially in underserved populations and under- 485M— shall appoint not to exceed 18 individuals to ‘‘(1) comments with respect to the activi- served geographical areas. the advisory council, of which— ‘‘(b) STIPENDS AND ALLOWANCES.—The Di- ties of the advisory council in the fiscal ‘‘(A) not more than two-thirds of such indi- rector of the Center may provide individuals years for which the report is prepared; vidual shall be appointed from among the receiving training and instruction or ‘‘(2) comments on the progress of the Cen- traineeships or fellowships under subsection leading representatives of the health and sci- ter in meeting its objectives; and (a) with such stipends and allowances (in- entific disciplines (including public health ‘‘(3) recommendations with respect to the cluding amounts for travel and subsistence and the behavioral or social sciences) rel- future direction and program and policy em- and dependency allowances) as the Director evant to the activities of the Center, and at phasis of the center. determines necessary. least 7 such individuals shall be professional The advisory council may prepare such addi- ‘‘(c) GRANTS.—The Director of the Center social workers who are recognized experts in tional reports as it may determine appro- may make grants to nonprofit institutions the area of clinical practice, education, or priate. research; and to provide training and instruction and ‘‘SEC. 485M. BIENNIAL REPORT. ‘‘(B) not more than one-third of such indi- traineeships and fellowships under sub- ‘‘The Director of the Center, after con- viduals shall be appointed from the general section (a). sultation with the advisory council for the public and shall include leaders in fields of ‘‘SEC. 485L. ADVISORY COUNCIL. Center, shall prepare for inclusion in the bi- public policy, law, health policy, economics, ‘‘(a) DUTIES.— ennial report under section 403, a biennial re- and management. ‘‘(1) IN GENERAL.—The Secretary shall es- port that shall consist of a description of the tablish an advisory council for the Center The Secretary shall make appointments to activities of the Center and program policies that shall advise, assist, consult with, and the advisory council in such a manner as to of the Director of the Center in the fiscal make recommendations to the Secretary and ensure that the terms of the members do not years for which the report is prepared. The the Director of the Center on matters related all expire in the same year. Director of the Center may prepare such ad- to the activities carried out by and through ‘‘(4) COMPENSATION.—Members of the advi- ditional reports as the Director determines the Center and the policies with respect to sory council who are officers or employees of appropriate. The Director of the Center shall such activities. the United States shall not receive any com- provide the advisory council of the Center an ‘‘(2) GIFTS.—The advisory council for the pensation for service on the advisory coun- opportunity for the submission of the writ- Center may recommend to the Secretary the cil. The remaining members shall receive, ten comments described in section 485L(g). acceptance, in accordance with section 231, for each day (including travel time) they are ‘‘SEC. 485N. QUARTERLY REPORT. of conditional gifts for study, investigations, engaged in the performance of the functions ‘‘The Director of the Center shall prepare and research and for the acquisition of of the advisory council, compensation at and submit to Congress a quarterly report grounds or construction, equipment, or rates not to exceed the daily equivalent of that contains a summary of findings and pol- maintenance of facilities for the Center. the annual rate in effect for an individual at icy implications derived from research con- ‘‘(3) OTHER DUTIES AND FUNCTIONS.—The ad- grade GS–18 of the General Schedule. ducted or supported through the Center.’’. visory council for the Center— ‘‘(c) TERMS.— ‘‘(A)(i) may make recommendations to the ‘‘(1) IN GENERAL.—The term of office of an By Mr. REID (for Mr. INOUYE): Director of the Center with respect to re- individual appointed to the advisory council S. 107. A bill to amend title VII of the search to be conducted by the Center; under subsection (b)(3) shall be 4 years, ex- Public Health Service Act to make cer- ‘‘(ii) may review applications for grants cept that any individual appointed to fill a tain graduate programs in professional and cooperative agreements for research or vacancy on the advisory council shall serve training and recommend for approval appli- for the remainder of the unexpired term. A psychology eligible to participate in cations for projects that demonstrate the member may serve after the expiration of various health professions loan pro- probability of making valuable contributions the member’s term until a successor has grams; to the Committee on Health, to human knowledge; and been appointed. Education, Labor, and Pensions.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S113 Mr. INOUYE. Mr. President, I rise to school that offers a graduate program in pro- problem for the criminal justice sys- introduce legislation today to modify fessional psychology’’ after ‘‘veterinary med- tem. Violence against women results in Title VII of the U.S. Public Health icine’’; and thousands of hospitalizations a year. Service Act in order to provide stu- (3) in subsection (k)— Rates of child and spouse abuse in (A) in the matter preceding paragraph (1), dents enrolled in graduate psychology by striking ‘‘or podiatry’’ and inserting ‘‘po- rural areas are particularly high, as programs with the opportunity to par- diatry, or professional psychology’’; and are the rates of alcohol abuse and de- ticipate in various health professions (B) in paragraph (4), by striking ‘‘or pression in adolescents. A post-doc- loan programs. podiatric medicine’’ and inserting ‘‘podiatric toral fellowship program in the psy- Providing students enrolled in grad- medicine, or professional psychology’’. chology of the rural populations could uate psychology programs with eligi- SEC. 3. GENERAL PROVISIONS. be of special benefit in addressing these bility for financial assistance in the (a) HEALTH PROFESSIONS DATA.—Section problems. form of loans, loan guarantees, and 792(a) of the Public Health Service Act (42 Given the demonstrated success and scholarships will facilitate a much- U.S.C. 295k(a)) is amended by striking ‘‘clin- effectiveness of specialized training ical’’ and inserting ‘‘professional’’. needed infusion of behavioral science (b) PROHIBITION AGAINST DISCRIMINATION ON programs, it is incumbent upon us to expertise into our community of public BASIS OF SEX.—Section 794 of the Public encourage participation in post-doc- health providers. There is a growing Health Service Act (42 U.S.C. 295m) is toral fellowships that respond to the recognition of the valuable contribu- amended in the matter preceding paragraph needs of the nation’s underserved. tion being made by psychologists to- (1) by striking ‘‘clinical’’ and inserting ‘‘pro- I ask unanimous consent that the ward solving some of our Nation’s most fessional’’. text of this bill be printed in the distressing problems. (c) DEFINITIONS.—Section 799B(1)(B) of the RECORD. Public Health Service Act (42 U.S.C. The participation of students from There being no objection, the text of 295p(1)(B)) is amended by striking ‘‘clinical’’ the bill was ordered to be printed in all backgrounds and clinical disciplines each place the term appears and inserting is vital to the success of health care ‘‘professional’’. the RECORD, as follows: training. The Title VII programs play a S. 108 significant role in providing financial By Mr. REID (for Mr. INOUYE): Be it enacted by the Senate and House of Rep- support for the recruitment of minori- S. 108. A bill to amend title VII of the resentatives of the United States of America in ties, women, and individuals from eco- Public Health Service Act to make cer- Congress assembled, nomically disadvantaged backgrounds. tain graduate programs in professional SECTION 1. SHORT TITLE. Minority therapists have an advantage psychology eligible to participate in This Act may be cited as the ‘‘Psycholo- various health professions loan pro- gists in the Service of the Public Act of in the provision of critical services to 2007’’. grams; to the Committee on Health, minority populations because often SEC. 2. GRANTS FOR FELLOWSHIPS IN PSY- they can communicate with clients in Education, Labor, and Pensions. CHOLOGY. their own language and cultural frame- Mr. INOUYE. Mr. President, I am in- Part C of title VII of the Public Health work. Minority therapists are more troducing legislation today to amend Service Act (42 D.S.C. 293k et seq.) is amend- likely to work in community settings Title VII of the Public Health Service ed by adding at the end the following: where ethnic minority and economi- Act to establish a psychology post-doc- SEC. 749. GRANTS FOR FELLOWSHIPS IN PSY- cally disadvantaged individuals are toral program. Psychologists have CHOLOGY. made a unique contribution in reaching ‘‘(a) IN GENERAL.—The Secretary shall es- most likely to seek care. It is critical tablish a psychology post-doctoral fellowship that continued support be provided for out to the Nation’s medically under- program to make grants to and enter into the training of individuals who provide served populations. Expertise in behav- contracts with eligible entities to encourage health care services to underserved ioral science is useful in addressing the provision of psychological training and communities. grave concerns such as violence, addic- services in underserved treatment areas. I ask unanimous consent that the tion, mental illness, adolescent and ‘‘(b) ELIGIBLE ENTITIES.— text of this bill be printed in the child behavioral disorders, and family ‘‘(1) INDIVIDUALS.—In order to receive a disruption. Establishment of a psy- grant under this section an individual shall RECORD. submit an application to the Secretary at There being no objection, the text of chology post-doctoral program could such time, in such form, and containing such the bill was ordered to be printed in be an effective way to find solutions to information as the Secretary shall require, the RECORD, as follows: these issues. including a certification that such indi- S. 107 Similar programs supporting addi- vidual— Be it enacted by the Senate and House of Rep- tional, specialized training in tradi- ‘‘ (A) has received a doctoral degree resentatives of the United States of America in tionally underserved settings have through a graduate program in psychology Congress assembled, been successful in retaining partici- provided by an accredited institution at the time such grant is awarded; SECTION 1. SHORT TITLE. pants to serve the same populations. ‘‘(B) will provide services to a medically This Act may be cited as the ‘‘Strengthen For example, mental health profes- underserved population during the period of the Public Health Service Act’’. sionals who have participated in these such grant; SEC. 2. PARTICIPATION IN VARIOUS HEALTH specialized federally funded programs ‘‘(C) will comply with the provisions of PROFESSIONS LOAN PROGRAMS. have tended not only to meet their re- subsection (c); and (a) LOAN AGREEMENTS.—Section 721 of the ‘‘(D) will provide any other information or Public Health Service Act (42 U.S.C. 292q) is payment obligations, but have contin- ued to work in the public sector or assurances as the Secretary determines ap- amended— propriate. (1) in subsection (a), by inserting ‘‘, or any with the underserved. ‘‘(2) INSTITUTIONS.—In order to receIve a public or nonprofit school that offers a grad- While a doctorate in psychology pro- grant or contract under this section, an in- uate program in professional psychology’’ vides broad-based knowledge and mas- stitution shall submit an application to the after ‘‘veterinary medicine’’; tery in a wide variety of clinical skills, Secretary at such time, in such form, and (2) in subsection (b)(4), by inserting ‘‘, or to specialized post-doctoral fellowship containing such information as the Sec- a graduate degree in professional psy- programs help to develop particular di- retary shall require, including a certification chology’’ after ‘‘or doctor of veterinary med- agnostic and treatment skills required that such institution— icine or an equivalent degree’’; and to respond effectively to underserved ‘‘(A) is an entity, approved by the State, (3) in subsection (c)(1), by inserting ‘‘, or that provides psychological services in medi- schools that offer graduate programs in pro- populations. For example, what ap- cally underserved areas or to medically un- fessional psychology’’ after ‘‘veterinary med- pears to be poor academic motivation derserved populations (including entities icine’’. in a child recently relocated from that care for the mentally retarded, mental (b) LOAN PROVISIONS.—Section 722 of the Southeast Asia might actually reflect health institutions, and prisons); Public Health Service Act (42 U.S.C. 292r) is a cultural value of reserve rather than ‘‘(B) will use amounts provided to such in- amended— a disinterest in academic learning. stitution under this section to provide finan- (1) in subsection (b)(1), by inserting ‘‘, or to Specialized assessment skills enable cial assistance in the form of fellowships to a graduate degree in professional psy- qualified individuals who meet the require- chology’’ after ‘‘or doctor of veterinary med- the clinician to initiate effective treat- ments of subparagraphs (A) through (0) of icine or an equivalent degree’’; ment. paragraph (1); (2) in subsection (c), in the matter pre- Domestic violence poses a significant ‘‘(C) will not use more than 10 percent of ceding paragraph (1), by inserting ‘‘, or at a public health problem and is not just a amounts provided under this section to pay
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S114 CONGRESSIONAL RECORD — SENATE January 4, 2007 for the administrative costs of any fellow- shall have only those powers granted to it Advisory Committee Act (5 U.S.C. Appendix; ship programs established with such funds; through its bylaws and articles of incorpora- 86 stat. 700). and tion filed in the State in which it is incor- SEC. 10. LIABILITY. ‘‘(D) will provide any other information or porated and subject to the laws of such The corporation shall be liable for the acts assurances as the Secretary determines ap- State. of its officers and agents when acting within propriate. SEC. 4. OBJECTIVES AND PURPOSES OF THE COR- the scope of their authority. ‘‘(c) CONTINUED PROVISION OF SERVICES.— PORATION. Any in,dividual who receives a grant or fel- SEC. 11. MAINTENANCE AND INSPECTION OF The objectives and purposes for which the BOOKS AND RECORDS. lowship under this section shall certify to corporation is organized shall be provided for (a) BOOKS AND RECORDS OF ACCOUNT.—The the Secretary that such individual will con- in the articles of incorporation and shall in- corporation shall keep correct and complete tinue to provide the type of services for clude the following: books and records of account and shall keep which such grant or fellowship is awarded for (1) Honoring persons who have made sig- minutes of any proceeding of the corporation not less than 1 year after the term of the nificant contributions to the practice of ap- involving any of its members, the board of grant or fellowship has expired. plied dentistry, medicine, nursing, optom- ‘‘(d) REGULATIONS.—Not later than 180 days directors, or any committee having author- after the date of enactment of this section, etry, osteopathy, pharmacy, podiatry, psy- ity under the board of directors. the Secretary shall promulgate regulations chology, social work, veterinary medicine, (b) NAMES AND ADDRESSES OF MEMBERS.— necessary to carry out this section, includ- and other health care professions. The corporation shall keep at its principal ing regulations that define the terms ‘medi- (2) Improving the effectiveness of such pro- office a record of the names and addresses of cally underserved areas’ and ‘medically un- fessions by disseminating information about all members having the right to vote in any derserved populations’. new techniques and procedures, promoting proceeding of the corporation. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— interdisciplinary practices, and stimulating (c) RIGHT TO INSPECT BOOKS AND There are authorized to be appropriated to multidisciplinary exchange of scientific and RECORDS.—All books and records of the cor- carry out this section $5,000,000 for each of professional information. poration may be inspected by any member the fiscal years 2008 through 2010.’’. (3) Upon request, advising the President, having the right to vote, or by any agent or the members of the President’s Cabinet, Con- attorney of such member, for any proper pur- By Mr. REID (for Mr. INOUYE): gress, Federal agencies, and other relevant pose, at any reasonable time. S. 109. A bill to recognize the organi- groups about practitioner issues in health (d) APPLICATION OF STATE LAW.—Nothing zation known as the National Aca- care and health care policy, from a multi- in this section shall be construed to con- demics of Practice; to the Committee disciplinary perspective. travene any applicable State law. on the Judiciary. SEC. 5. SERVICE OF PROCESS. SEC. 12. ANNUAL REPORT. Mr. INOUYE. Mr. President, today I With respect to service of process, the cor- The corporation shall report annually to the Congress concerning the activities of the am introducing legislation that would poration shall comply with the laws of the State in which it is incorporated and those corporation during the preceding fiscal year. provide a Federal charter for the Na- States in which it carries on its activities in The report shall not be printed as a public tional Academies of Practice. This or- furtherance of its corporate purposes. document. ganization represents outstanding SEC. 6. MEMBERSHIP. SEC. 13. RESERVATION OF RIGHT TO AMEND OR health care professionals who have Eligibility for membership in the corpora- REPEAL CHARTER. made significant contributions to the tion and the rights and privileges of mem- The right to alter, amend, or repeal this practice of applied psychology, medi- bers shall be as provided in the bylaws of the Act is expressly reserved to Congress. cine, dentistry, nursing, optometry, os- corporation. SEC. 14. DEFINITION. teopathic medicine, pharmacy, podia- SEC. 7. BOARD OF DIRECTORS; COMPOSITION; In this Act, the term ‘‘State’’ includes the try, social work, and veterinary medi- RESPONSIBILITIES. District of Columbia, the Commonwealth of cine. When fully established, each of The composition and the responsibilities of Puerto Rico, and the territories and posses- sions of the United States. the ten academies will possess 150 dis- the board of directors of the corporation shall be as provided in the articles of incor- SEC. 15. TAX-EXEMPT STATUS. tinguished practitioners selected by poration of the corporation and in con- The corporation shall maintain its status their peers. This umbrella organization formity with the laws of the State in which as an organization exempt from taxation as will be able to provide the Congress of it is incorporated. provided in the Internal Revenue Code of 1986 the United States and the executive SEC. 8. OFFICERS OF THE CORPORATION. or any corresponding similar provision. branch with considerable health policy The officers of the corporation and the SEC. 16. TERMINATION. expertise, especially from the perspec- election of such officers shall be as provided If the corporation fails to comply with any tive of those individuals who are in the in the articles of incorporation of the cor- of the restrictions or provisions of this Act forefront of actually providing health poration and in conformity with the laws of the charter granted by this Act shall termi- care. the State in which it is incorporated. nate. As we continue to grapple with the SEC. 9. RESTRICTIONS. By Mr. REID (for Mr. INOUYE): many complex issues surrounding the (a) USE OF INCOME AND ASSETS.—No part of S. 110. A bill to allow the psychiatric delivery of health care services, it is the income or assets of the corporation shall or psychological examinations required clearly in our best interest to ensure inure to any member, officer, or director of the corporation or be distributed to any such under chapter 313 of title 18, United that the Congress has direct and imme- person during the life of the charter under States Code, relating to offenders with diate access to the recommendations of this Act. Nothing in this subsection shall be mental disease or defect, to be con- an interdisciplinary body of health construed to prevent the payment of reason- ducted by a clinical social worker; to care practitioners. able compensation to the officers of the cor- I ask unanimous consent that the poration or reimbursement for actual nec- the Committee on the Judiciary. text of this bill be printed in the essary expenses in amounts approved by the Mr. INOUYE. Mr. President, today I introduce legislation to amend Title 18 RECORD. board of directors. There being no objection, the text of (b) LOANS.—The corporation shall not of the United States Code to allow our the bill was ordered to be printed in make any loan to any officer, director, or Nation’s clinical social workers to use employee of the corporation. the RECORD, as follows: their mental health expertise on behalf (c) POLITICAL ACTIVITY.—The corporation, S. 109 of the Federal judiciary by conducting any officer, or any director of the corpora- psychological and psychiatric exams. Be it enacted by the Senate and House of Rep- tion, acting as such officer or director, shall resentatives of the United States of America in not contribute to, support, or otherwise par- I feel that the time has come to allow Congress assembled, ticipate in any political activity or in any our Nation’s judicial system to have SECTION 1. SHORT TITLE. manner attempt to influence legislation. access to a wide range of behavioral This Act may be cited as the ‘‘National (d) ISSUANCE OF STOCK AND PAYMENT OF science and mental health expertise. I Academies of Practice Recognition Act of DIVIDENDS.—The corporation shall have no am confident that the enactment of 2007’’. power to issue any shares of stock nor to de- this legislation would be very much in SEC. 2. CHARTER. clare or pay any dividends. our Nation’s best interest. The National Academies of Practice orga- (e) CLAIMS OF FEDERAL APPROVAL.—The I ask unanimous consent that the nized and incorporated under the laws of the corporation shall not claim congressional text of this bill be printed in the District of Columbia, is hereby recognized as approval or Federal Government authority such and is granted a Federal charter. for any of its activities. RECORD. SEC. 3. CORPORATE POWERS. (f) FEDERAL ADVISORY ACTIVITIES.—While There being no objection, the text of The National Academies of Practice (re- providing advice to Federal agencies, the the bill was ordered to be printed in ferred to in this Act as the ‘‘corporation’’) corporation shall be subject to the Federal the RECORD, as follows:
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S115 S. 110 workers, both active duty and Depart- ‘‘2117. United States Military Cancer Insti- Be it enacted by the Senate and House of Rep- ment of Defense civilian scientists, tute.’’. resentatives of the United States of America in working in the USMCI. Congress assembled, The Director of the USMCI, Dr. John By Mr. REID (for Mr. INOUYE): SECTION 1. SHORT TITLE. Potter, intends to expand research ac- S. 112. A bill to amend title XIX of This Act may be cited as the ‘‘Psychiatric tivities to military medical centers the Social Security Act to provide 100 and Psychological Examinations Act of across the nation. Special emphasis percent reimbursement for medical as- 2007’’. will be placed on the study of genetic sistance provided to a Native Hawaiian SEC. 2. EXAMINATIONS BY CLINICAL SOCIAL and environmental factors in carcino- through a federally-qualified health WORKERS. center or a Native Hawaiian health Section 4247(b) of title 18, United States genesis among the entire population, including Asian, Caucasian, African- care system; to the Committee on Fi- Code, is amended, in the first sentence, by nance. striking ‘‘psychiatrist or psychologist’’ and American and Hispanic subpopulations. inserting ‘‘psychiatrist, psychologist, or I ask unanimous consent that the Mr. INOUYE. Mr. President, today I clinical social worker’’. text of this bill be printed in the introduce the Native Hawaiian Med- icaid Coverage Act of 2004. This legisla- RECORD. By Mr. REID (for Mr. INOUYE): There being no objection, the text of tion would authorize a Federal Med- S. 111. A bill to amend title 10, the bill was ordered to be printed in icaid Assistance Percent, FMAP, of 100 United States Code, to recognize the percent for the payment of health care the RECORD, as follows: United States Military Cancer Insti- costs of Native Hawaiians who receive S. 111 tute as an establishment within the health care from Federally Qualified Uniformed Services University of the Be it enacted by the Senate and House of Rep- Health Centers or the Native Hawaiian resentatives of the United States of America in Health Sciences, to require the Insti- Congress assembled, Health Care System. tute to promote the health of members This bill was originally a provision SECTION 1. THE UNITED STATES MILITARY CAN- of the Armed Forces and their depend- CER INSTITUTE. within the Medicare Prescription Drug ents by enhancing cancer research and (a) ESTABLISHMENT.—Chapter 104 of title 10, Bill, which the Senate passed by an treatment, to provide for a study of the United States Code, is amended by adding at overwhelming majority of 76 to 21, but epidemiological causes of cancer the end the following new section: was dropped from the final Medicare among various ethnic groups for cancer ‘‘§ 2117. United States Military Cancer Insti- Prescription Drug Conference Report. prevention and early detection efforts, tute This bill is modeled on the Native and for other purposes; to the Com- ‘‘(a) ESTABLISHMENT.—(1) There is a United Alaskan Health Care Act, which pro- mittee on Armed Services. States Military Cancer Institute in the Uni- vides for a Federal Medicaid Assistance Mr. INOUYE. Mr. President, Today I versity. The Director of the United States Percent, FMAP, of 100 percent for pay- introduce the United States Military Military Cancer Institute is the head of the ment of health care costs for Native Cancer Institute Research Collabo- Institute. Alaskans by the Indian Health Service, ‘‘(2) The Institute is composed of clinical rative Act. This legislation, twice and basic scientists in the Department of De- an Indian tribe, or a tribal organiza- passed by the Senate yet unsuccessful fense who have an expertise in research, pa- tion. in the House, would formally establish tient care, and education relating to oncol- Community health centers serve as the United States Military Cancer In- ogy and who meet applicable criteria for par- the ‘‘safety net’’ for uninsured and stitute, USMCI, and support the col- ticipation in the Institute. medically underserved Native Hawai- laborative augmentation of research ‘‘(3) The components of the Institute in- ians and other United States citizens, efforts in cancer epidemiology, preven- clude military treatment and research facili- providing comprehensive primary and tion and control. Although the USMCI ties that meet applicable criteria and are preventive health services to the entire designated as affiliates of the Institute. already exists as an informal collabo- ‘‘(b) RESEARCH.—(1) The Director of the community. Outpatient services of- rative effort, this bill will formally es- United States Military Cancer Institute fered to the entire family include com- tablish the institution with a mission shall carry out research studies on the fol- prehensive primary care, preventive of providing for the maintenance of lowing: health maintenance, and education health in the military by enhancing ‘‘(A) The epidemiological features of can- outreach in the local community. Com- cancer research and treatment, and cer, including assessments of the carcino- munity health centers, with their studying the epidemiological causes of genic effect of genetic and environmental multi-disciplinary approach, offer cost cancer among various ethnic groups. factors, and of disparities in health, inherent effective integration of health pro- or common among populations of various By formally establishing the USMCI, it ethnic origins. motion and wellness with chronic dis- will be in a better position to unite ‘‘(B) The prevention and early detection of ease management and primary care fo- military research efforts with other cancer. cused on serving vulnerable popu- cancer research centers. ‘‘(C) Basic, translational, and clinical in- lations. Cancer prevention, early detection, vestigation matters relating to the matters I ask unanimous consent that the and treatment are significant issues for described in subparagraphs (A) and (B). text of this bill be printed in the the military population, thus the ‘‘(2) The research studies under paragraph RECORD. USMCI was organized to coordinate the (1) shall include complementary research on There being no objection, the text of oncologic nursing. existing military cancer assets. The ‘‘(c) COLLABORATIVE RESEARCH.—The Direc- the bill was ordered to be printed in USMCI has a comprehensive database tor of the United States Military Cancer In- the RECORD, as follows: of its beneficiary population of 9 mil- stitute shall carry out the research studies S. 112 lion people. The military’s nationwide under subsection (b) in collaboration with Be it enacted by the Senate and House of Rep- tumor registry, the Automated Central other cancer research organizations and en- resentatives of the United States of America in Tumor Registry, has acquired more tities selected by the Institute for purposes Congress assembled, of the research studies. than 180,000 cases in the last 14 years, SECTION 1. SHORT TITLE. ‘‘(d) ANNUAL REPORT.—(1) Promptly after and a serum repository of 30 million This Act may be cited as the ‘‘Native Ha- the end of each fiscal year, the Director of waiian Medicaid Coverage Act of 2007’’. specimens from military personnel col- the United States Military Cancer Institute lected sequentially since 1987. This pop- shall submit to the President of the Univer- SEC. 2. 100 PERCENT FMAP FOR MEDICAL ASSIST- ulation is predominantly Caucasian, sity a report on the results of the research ANCE PROVIDED TO A NATIVE HA- WAIIAN THROUGH A FEDERALLY- African-American, and Hispanic. studies carried out under subsection (b). QUALIFIED HEALTH CENTER OR A The USMCI currently resides in the ‘‘(2) Not later than 60 days after receiving NATIVE HAWAIIAN HEALTH CARE Washington, D.C., area, and its compo- the annual report under paragraph (1), the SYSTEM UNDER THE MEDICAID PRO- nents are located at the National Naval President of the University shall transmit GRAM. Medical Center, the Malcolm Grow such report to the Secretary of Defense and (a) MEDICAID.—The third sentence of sec- to Congress.’’. tion 1905(b) of the Social Security Act (42 Medical Center, the Armed Forces In- (b) CLERICAL AMENDMENT.—The table of U.S.C. 1396d(b)) is amended by inserting ‘‘, stitute of Pathology, and the Armed sections at the beginning of such chapter is and with respect to medical assistance pro- Forces Radiobiology Research Insti- amended by adding at the end the following vided to a Native Hawaiian (as defined in tute. There are more than 70 research new item: section 12 of the Native Hawaiian Health
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S116 CONGRESSIONAL RECORD — SENATE January 4, 2007 Care Improvement Act) through a federally- now veterans, and more than 185,000 screening mandatory 30 to 90 days after qualified health center or a Native Hawaiian have already received treatment at the a soldier is deployed in a war zone. health care system (as so defined) whether VA. That number is increasing every This will ensure that our fighting force directly, by referral, or under contract or is ready for battle, and that we can other arrangement between a federally- day. Many of these fighting men and qualified health center or a Native Hawaiian women are coming home with major identify and treat those at risk for health care system and another health care injuries. As a country, we are only be- PTSD. By making the exams manda- provider’’ before the period. ginning to understand the true costs of tory, we can help eliminate the stigma (b) EFFECTIVE DATE.—The amendment the Global War on Terror. associated with mental health screen- made by this section applies to medical as- The Government Accountability Of- ing and treatment. sistance provided on or after the date of en- fice reported that VA has faced $3 bil- Another problem veterans face is actment of this Act. lion in budget shortfalls since 2005 be- that the VA and DoD do not effectively share medical and military records. By Mr. OBAMA (for himself and cause it underestimated the costs of Older veterans often have to wait years Ms. SNOWE): caring for Iraq and Afghanistan vet- for their benefits as the Department of S. 117. A bill to amend titles 10 and erans. The VA wasn’t getting the infor- Defense recovers aging and lost paper 38, United States Code, to improve ben- mation it needed from the Pentagon records. Under the Lane Evans Act, the efits and services for members of the and was relying on outdated data and Department of Defense would provide Armed Forces, veterans of the Global incorrect forecasting models. We can- each separating service member at the War on Terrorism, and other veterans, not let these kind of bureaucratic blun- time of discharge with a secure full to require reports on the effects of the ders get in the way of the care and sup- electronic copy of all military and Global War on Terrorism, and for other port we owe our servicemembers. medical records to help them apply for purposes; to the Committee on Vet- To avoid these costly shortfalls in healthcare and benefits. DoD possesses erans’ Affairs. the future, we have to do a better job Mr. OBAMA. Mr. President, I rise keeping track of veterans. That’s why the technology to do this now. The in- today to introduce legislation that is the first thing the Lane Evans Act does formation could be useful to VA to significant both in the problems it is to establish a system to track Global quickly and accurately document re- ceipt of vaccinations or deployment to seeks to address and the man it seeks War on Terror veterans. The VA estab- a war zone. The electronic data will to honor. lished a similar data system following Since the day he arrived in Congress the Persian Gulf War. That effort has also be helpful in future generations more than two decades ago, Lane been invaluable in budget planning as when family members of veterans seek Evans was a tireless advocate for the well as in monitoring emerging health information about military service, men and women with whom he served. trends and diseases linked to the Gulf awards, and wartime deployment that When Vietnam vets started falling ill War. The Gulf War Veterans Informa- go well beyond the existing single- sheet DD–214 discharge certificate, from Agent Orange, he led the effort to tion System also has been important to which is all veterans currently receive. get them compensation. Lane was one medical research and improved care for Finally, the legislation improves the of the first in Congress to speak out veterans. The sooner we begin keeping transition assistance that National about the health problems facing Per- accurate track of our fighting men and Guardsmen and military reservists re- sian Gulf War veterans. He worked to women in Iraq, Afghanistan and be- ceive when they return from deploy- help veterans suffering from Post- yond, the better and more efficiently ment. A 2005 GAO report found that be- Traumatic Stress Disorder, and he also we will be able to care for them. cause demobilization for guardsmen The Lane Evans Act also tackles helped make sure thousands of home- and reservists is accelerated, reserve Post-Traumatic Stress Disorder. Men- less veterans in our country have a units get abbreviated and perfunctory tal health patients account for about place to sleep. Lane Evans fought these transition assistance including limited battles for more than 20 years, and one-third of the new veterans seeking employment training. VA should pro- even in the face of his own debilitating care at the VA. The VA’s National Cen- vide equal briefings and transition disease, he kept fighting. Today, vet- ter for PTSD reports that ‘‘the wars in services for all service members re- erans across America have Lane Evans Afghanistan and Iraq are the most sus- garding VA healthcare, disability com- to thank for reminding this country of tained combat operations since the pensation, and other benefits, regard- its duty to take care of those who have Vietnam War, and initial signs imply less of their duty status. risked their lives to defend ours. that these ongoing wars are likely to Lane Evans dedicated his life to serv- I am very proud today to introduce produce a new generation of veterans ing this country and serving veterans. the Lane Evans Veterans Healthcare with chronic mental health problems.’’ The legislation Senator SNOWE and I and Benefits Improvement Act of 2007. This bill addresses PTSD in two are introducing today, honors both the This bill honors a legislator who left ways. First, it extends the window dur- man and his mission, and will continue behind an enduring legacy of service to ing which new veterans can automati- his legacy to the next generation of our veterans. The legislation also is an cally get care for mental health from American veterans. important step towards caring for our two years to five years. Right now, any Ms. SNOWE. Mr. President, I rise men and women who are currently servicemember discharged from the today as a proud cosponsor of S. 3988, fighting for us. military has up to two years to walk the Lane Evans Veterans Healthcare I am being joined today by Senator into a VA facility and get care, no and Benefits Improvement Act of 2007. OLYMPIA SNOWE, the lead cosponsor of questions asked. After that, vets have After serving with Lane Evans in the this bill. Senator SNOWE has long been to prove that they are disabled because House of Representatives for over a an advocate for veterans in her state, of a service-connected injury, or they decade, I am honored to help introduce and I have been honored to work with have to prove their income is below legislation that serves as a fitting trib- her in the past on veterans issues. We threshold levels. Unfortunately, it can ute to a man whose unfaltering efforts have fought to reduce the backlog of take years for symptoms of PTSD to on behalf of our nation’s veterans went disability claims at the Veterans Bene- manifest. The time it takes to prove unmatched. fits Administration and to improve the service-connection for mental health I also applaud Senator OBAMA for in- military’s ability to identify and treat illness is valuable time lost during troducing this vital legislation at a Traumatic Brain Injury. Our introduc- which veterans are not receiving criti- time when over 600,000 courageous men tion of the Lane Evans Bill is a con- cally needed treatment. The Lane and women have returned from combat tinuation of these efforts. Evans Act allows veterans to walk into in both Iraq and Afghanistan. In the Today, more than 1.5 million Amer- a VA facility any time five years after past, Senator OBAMA and I have worked ican troops have been deployed over- discharge and get assessed for mental in a bipartisan manner to bolster the seas as part of the Global War on Ter- health care. This both extends the win- military’s ability to detect and treat ror. These brave men and women who dow and shortens the wait for vets to traumatic brain injury, and most re- protected us are beginning to return get care. cently, we have fought to reduce the home. Six hundred thousand people Second, the legislation makes face- backlog of claims at the Veterans Ben- who served in Iraq and Afghanistan are to-face physical and mental health efits Administration, VBA. Once again,
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S117 I thank Senator OBAMA for his con- mental health exams with every serv- times, guardsmen and reservists re- tinuing resoluteness and advocacy for ice member 30 to 90 days after deploy- ceive limited transition assistance and our veterans. ment to war zone, in order to ensure employment training, largely due to Since the beginning of conflicts in that potential cases of PTSD are iden- their accelerated demobilization. Thus, Iraq and Afghanistan, nearly 1.5 mil- tified and treated in a timely manner. this legislation will provide equitable lion brave Americans have deployed By making the exams mandatory, the and fair transition services for all re- overseas to take part in the global war stigma associated with mental health turning veterans, regardless of their on terror. Of those 1.5 million Ameri- screening and treatment can be elimi- service branch, component or military cans, at least 184,400 have already re- nated. Additionally, multiple deploy- status. ceived medical treatment from the De- ments to combat zones may factor into I have nothing but the utmost re- partment of Veterans Affairs, VA. It is a higher susceptibility to PTSD, stress- spect for those brave Americans who time the VA and the Department of De- ing the necessity for mental screening served in uniform with honor, courage, fense, DOD, have the capability to pro- prior to redeployment, in order to en- and distinction. The obligation our na- vide incoming veterans with timely sure that no servicemember experi- tion holds for its veterans is enormous, and efficient medical treatment and encing symptoms of PTSD is returned and it is an obligation that must be postdeployment services. For too long to duty without treatment. If the VA fulfilled every day. Since the attacks now, provision of these critical services and the DOD continues its current of September 11, millions of brave has been hampered by a lack of re- mental health screening policy, non- American men and women have an- sources and policy restructuring. disclosures of PTSD symptoms will swered our nation’s call to service. In 2005, the Government Account- continue to deter early intervention Congress must now do everything in its ability Office revealed that the VA and future VA mental health services. power to answer our veterans’ call, to faced a budget shortfall of $3 billion, This legislation addresses the dif- ensure that they receive the medical due to the agency’s inability to cor- ficulties associated with PTSD symp- care and treatment that they rightly rectly gauge the benefits for Iraq and toms that develop over prolonged peri- earned and rightly deserve. Afghanistan veterans. As a result of ods of time. Currently, the window for Once again, I am pleased to join Sen- spending shortfalls, the VA was forced new veterans to obtain health care at ator OBAMA in introducing S. 988, be- to dip into contingency funds that the VA is 2 years. However, in many cause I believe it is crucial to the wel- could have compromised the funding circumstances, it takes years for PTSD fare of our Nation’s veterans, and I for other vital veterans programs. In symptoms and other problems related urge my colleagues to voice their sup- order to remedy these unacceptable de- to mental health to emerge. Therefore, port. ficiencies within the veterans’ benefit this legislation will extend the window system, this legislation will signifi- for VA mental health care from 2 years By Mr. LEAHY (for himself and cantly enhance the ability of the DOD to 5 years, ensuring the necessary men- Mr. PRYOR): and the VA to accurately track vet- tal health treatment for all veterans S. 118. A bill to give investigators erans of Iraq and Afghanistan, by cre- who are struggling to recover from the and prosecutors the tools they need to ating a data registry that will hold a traumas of war. combat public corruption; to the Com- comprehensive list of VA health care Further, this legislation will take mittee on the Judiciary. and benefits use. I remind my col- large steps towards improving the Mr. LEAHY. Mr. President, I am leagues that a similar data system was transfer of military and medical pleased to join with Senator PRYOR to established in 1998 for Gulf War I Vet- records in order for veterans to receive introduce the ‘‘Effective Corruption erans, and has been invaluable in as- the health care and benefits they de- Prosecutions Act of 2007,’’ a bill to sessing the necessary budgetary plan- serve. This bill requires DOD to provide strengthen the tools available to Fed- ning for our injured veterans from that each separating service member a full eral prosecutors in combating public conflict. electronic copy of all military and corruption. This bill gives investiga- However, not all combat wounds are medical records at the time of dis- tors and prosecutors the statutory caused by bullets and shrapnel. Several charge. By facilitating the enhanced tools and the resources they need to studies have indicated that due to the use of electronic records, veterans will ensure that serious and insidious pub- nature of warfare in Iraq—with its in- be assured the proper access and man- lic corruption is detected and punished. tense urban fighting, terrorism and ci- agement of their required care. Cur- In November, voters sent a strong vilian combat—may cause a spike in rently, a lack of swift access to mili- message that they were tired of the the prevalence of post traumatic stress tary records and medical records has culture of corruption. From war profit- disorder, PTSD. According to the Vet- hampered the VA’s ability to treat vet- eers and corrupt officials in Iraq to erans’ Health Administration, as of Oc- erans in need of care in a timely and ef- convicted Administration officials to tober 2006, of the 184,524 Operation En- fective manner. influence-peddling lobbyists and, re- during Freedom and Operation Iraqi According to a December 2006 GAO grettably, even Members of Congress, Freedom veterans who have sought report, while verifying veterans claims too many supposed public servants care from the VA, 29,041 have been di- of PTSD, regional VA offices are un- were serving their own interests, rath- agnosed as having probable symptoms able to directly access and search an er than the public interest. The Amer- of PTSD. electronic library of medical and serv- ican people staged an intervention and I strongly believe that we have a ice records for all service branches, and made it clear that they would not commitment to ensure that veterans therefore, must rely on a DOD research stand for it any longer. They expect with PTSD receive compassionate, organization, whose average response the Congress to take action. We need world-class health care and appropriate time to regional office requests is near- to restore the people’s trust by acting disability compensation determina- ly 1 year. Clearly, such a processing to clean up the people’s government. tions. It is imperative that we do all we delay is not only inexcusable, it is po- The Senate’s new leadership is intro- can to detect, diagnose, and treat our tentially harmful to the veteran and ducing important lobbying reform and veterans suffering from PTSD as quick- his or her family. Increased access to ethics legislation. Similar legislation ly as possible, in order to help our vet- electronic records will allow the VA to passed the Senate last year, but stalled erans and their families move beyond quickly identify the occurrence of in the House. This is a vital first step. the psychological trauma of war and stressful events or experiences that But the most serious corruption can- lead healthy, productive lives. may lead to the necessary treatment not be prevented only by changing our This legislation’s proposed data reg- for PTSD. own rules. Bribery and extortion are istry will further assist the VA with Finally, this legislation will also re- committed by people bent on getting ongoing medical research into mental quire the VA to provide equal briefings around the rules and banking that they health, traumatic brain injury, and and transition services for all service won’t get caught. These offenses are many other conditions. This legislation members regarding VA health care, very difficult to detect and even harder will also require the Department of De- disability compensation, and other to prove. Because they attack the core fense to conduct in-person physical and benefits, regardless of status. Often of our democracy, these offenses must
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S118 CONGRESSIONAL RECORD — SENATE January 4, 2007 be found out and punished. Congress written testimony to the Judiciary ‘‘(2) section 1341, 1343, or 1346, if the offense must send a signal that it will not tol- Committee called public corruption the involves a scheme or artifice to deprive an- erate this corruption by providing bet- FBI’s top criminal investigative pri- other of the intangible right of honest serv- ter tools for federal prosecutors to ority. However, a September 2005 Re- ices of a public official; ‘‘(3) section 1951, if the offense involves ex- combat it. This bill will do exactly port by Department of Justice Inspec- tortion under color of official right; that. tor General Fine found that, from 2000 ‘‘(4) section 1952, to the extent that the un- First, the bill extends the statute of to 2004, there was an overall reduction lawful activity involves bribery; or limitations for the most serious public in public corruption matters handled ‘‘(5) section 1963, to the extent that the corruption offenses. Specifically, it ex- by the FBI. The report also found de- racketeering activity involves bribery tends the statute of limitations from clines in resources dedicated to inves- chargeable under State law, or involves a five years to eight years for bribery, tigating public corruption, in corrup- violation of section 201 or 666.’’. deprivation of honest services, and ex- (b) CLERICAL AMENDMENT.—The table of tion cases initiated, and in cases for- sections at the beginning of chapter 213 of tortion by a public official. This is an warded to US Attorney’s Offices. title 18, United States Code, is amended by important step because public corrup- I am heartened by Director Mueller’s adding at the end the following: tion cases are among the most difficult assertion that there has recently been ‘‘3299. Corruption offenses.’’. and time-consuming cases to inves- an increase in the number of agents in- (c) APPLICATION OF AMENDMENT.—The tigate and prosecute. They often re- vestigating public corruption cases and amendments made by this section shall not quire use of informants and electronic the number of cases investigated, but I apply to any offense committed more than 5 monitoring, as well as review of exten- remain concerned by the Inspector years before the date of enactment of this sive financial and electronic records, General’s findings. I am concerned be- Act. techniques which take time to develop cause the FBI in recent years has di- SEC. 3. INCLUSION OF FEDERAL PROGRAM BRIB- ERY AS A PREDICATE FOR INTER- and implement. verted resources away from criminal CEPTION OF WIRE, ORAL OR ELEC- Bank fraud, arson, and passport law priorities, including corruption, TRONIC COMMUNICATIONS AND AS fraud, among other offenses, all have into counterterrorism. The FBI may A PREDICATE FOR A RACKETEER IN- 10-year statutes of limitations. Since need to divert further resources to FLUENCED AND CORRUPT ORGANI- public corruption offenses are so im- ZATIONS OFFENSE. cover the growing costs of Sentinel, (a) IN GENERAL.—Section 2516(c) of title 18, portant to our democracy and these their data management system. The United States Code, is amended by adding cases are so difficult to investigate and Department of Justice has similarly di- after ‘‘section 224 (bribery in sporting con- prove, a more modest extended statute verted resources, particularly from tests),’’ the following: ‘‘section 666 (theft or of limitations for these offenses is a United States Attorney’s Offices. bribery concerning programs receiving Fed- reasonable step to help our corruption Additional funding is important to eral funds),’’. investigators and prosecutors do their compensate for this diversion of re- (b) IN GENERAL.—Section 1961 of title 18, jobs. Corrupt officials should not be United States Code, is amended by adding sources and to ensure that corruption after ‘‘section 664 (relating to embezzlement able to get away with their ill gotten offenses are aggressively pursued. My from pension and welfare funds),’’ the fol- gains just by waiting out the investiga- bill will give the FBI, the United lowing: ‘‘section 666 (relating to theft or tors. States Attorney’s Offices, and the Pub- bribery concerning programs receiving Fed- This bill also facilitates the inves- lic Integrity Section of the Department eral funds),’’. tigation and prosecution of an impor- of Justice new resources to hire addi- SEC. 4. AUTHORIZATION FOR ADDITIONAL PER- tant offense known as Federal program tional public corruption investigators SONNEL TO INVESTIGATE AND bribery, Title 18, United States Code, PROSECUTE PUBLIC CORRUPTION and prosecutors. They can finally have OFFENSES. section 666. Federal program bribery is the manpower they need to track down There are authorized to be appropriated to the key Federal statute for prosecuting and make these difficult cases, and to the Department of Justice, including the bribery involving state and local offi- root out the corruption. United States Attorneys’ Offices, the Federal cials, as well as officials of the many If we are serious about addressing the Bureau of Investigation, and the Public In- organizations that receive substantial egregious misconduct that we have re- tegrity Section of the Criminal Division, Federal money. This bill would allow cently witnessed, Congress must enact $25,000,000 for each of the fiscal years 2008, agents and prosecutors investigating 2009, 2010, and 2011, to increase the number of meaningful legislation to give inves- personnel to investigate and prosecute pub- this important offense to request au- tigators and prosecutors the resources lic corruption offenses including sections 201, thority to conduct wiretaps and to use they need to enforce our public corrup- 203 through 209, 641, 654, 666, 1001, 1341, 1343, Federal program bribery as a basis for tion laws. I strongly urge Congress to 1346, and 1951 of title 18, United States Code. a racketeering charge. do more to restore the public’s trust in Wiretaps, when appropriately re- their government. By Mr. LEAHY (for himself, Mr. quested and authorized, are an impor- I ask unanimous consent that the BINGAMAN, Mr. HARKIN, Mr. tant method for agents and prosecutors text of the bill be printed in the KERRY, Mr. LAUTENBERG, Mr. to gain evidence of corrupt activities, RECORD. ROCKEFELLER, Mr. DORGAN, Mr. which can otherwise be next to impos- There being no objection, the text of SCHUMER, Mr. WYDEN, Ms. sible to prove without an informant. the bill was ordered to be printed in CANTWELL, Mrs. CLINTON, Mr. The Racketeer Influenced and Corrupt the RECORD, as follows: MENENDEZ, and Mr. NELSON of Organizations (RICO) statute is also an S. 118 Florida): S. 119. A bill to prohibit profiteering important tool which helps prosecutors Be it enacted by the Senate and House of Rep- target organized crime and corruption. resentatives of the United States of America in and fraud relating to military action, Agents and prosecutors may cur- Congress assembled, relief, and reconstruction efforts, and rently request authority to conduct SECTION 1. SHORT TITLE. for other purposes; to the Committee wiretaps to investigate many serious This Act may be cited as the ‘‘Effective on the Judiciary. offenses, including bribery of federal Corruption Prosecutions Act of 2007’’. Mr. LEAHY. Mr. President, today I officials and even sports bribery, and SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS am reintroducing a bill that creates may predicate RICO charges on these FOR SERIOUS PUBLIC CORRUPTION criminal penalties for war profiteers offenses, as well. It is only reasonable OFFENSES. and cheats who would exploit taxpayer- that these important tools also be (a) IN GENERAL.—Chapter 213 of title 18, funded efforts in Iraq and elsewhere United States Code, is amended by adding at around the world. Last year, despite available for investigating the similar the end the following: and equally important offense of fed- the mounting evidence of widespread eral program bribery. ‘‘§ 3299. Corruption offenses contractor fraud and abuse in Iraq, the Lastly, my bill authorizes $25 million ‘‘Unless an indictment is returned or the Republican-controlled Senate would in additional Federal funds over each information is filed against a person within not act on it. Instead, the Congress 8 years after the commission of the offense, of the next four years to give federal a person may not be prosecuted, tried, or took a terrible misstep in seeking to investigators and prosecutors needed punished for a violation of, or a conspiracy end the work of the Special Inspector resources to go after public corruption. or an attempt to violate the offense in— General for Iraq Reconstruction. I have Last month, FBI Director Mueller in ‘‘(1) section 201 or 666; been proposing versions of this bill
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S119 since 2003, when it did pass the Senate. diction on U.S. federal courts to hear for Fiscal Year 2004, and this provision Unfortunately, this crucial provision fraud cases involving war profiteering passed the Senate. Passing bipartisan was stripped out of the final version of committed overseas. war profiteering prevention legislation a bill by a Republican-controlled con- The bill I introduced today would was the right thing to do then, and it ference committee. criminalize ‘‘war profiteering’’—over- is the right thing to do now. There is growing evidence of wide- charging taxpayers in order to defraud I am hopeful that in a new year, and spread contractor fraud in Iraq, yet and to profit excessively from a war, with a new Congress, we can make a prosecuting criminal cases against military action, or reconstruction ef- fresh start and forge a bipartisan part- these war profiteers is difficult under forts. It would also prohibit any fraud nership on this important issue that current law. We must crack down on against the United States involving a will result in passage of this bill. I ask this rampant fraud and abuse that contract for the provision of goods or unanimous consent that a copy of the squanders American taxpayers’ dollars services in connection with a war, mili- bill be printed in the RECORD. and jeopardizes the safety of our troops tary action, or for relief or reconstruc- There being no objection, the text of abroad. That is why I renew my efforts tion activities. This new crime would the bill was ordered to be printed in for accountability and action with the be a felony, subject to criminal pen- the RECORD, as follows: introduction of the War Profiteering alties of up to 20 years in prison and S. 119 Prevention Act of 2007. I am pleased to fines of up to $1 million, or twice the il- Be it enacted by the Senate and House of Rep- join with Senators BINGAMAN, KERRY, legal gross profits of the crime. resentatives of the United States of America in HARKIN, ROCKEFELLER, DORGAN, The bill also prohibits false state- Congress assembled, WYDEN, SCHUMER, CANTWELL, BILL NEL- ments connected with the provision of SECTION 1. SHORT TITLE. SON, CLINTON, LAUTENBERG and MENEN- goods or services in connection with a This Act may be cited as the ‘‘War Profit- DEZ to introduce this legislation. war or reconstruction effort. This eering Prevention Act of 2007’’. Congress has sent billions upon bil- crime would also be a felony, subject to SEC. 2. PROHIBITION OF PROFITEERING. lions of dollars to Iraq with too little criminal penalties of up to 10 years in (a) PROHIBITION.— accountability and too few financial prison and fines of up to $1 million, or (1) IN GENERAL.—Chapter 47 of title 18, controls. More than $50 billion of this twice the illegal gross profits of the United States Code, is amended by adding at the end the following: money has gone to private contractors crime. hired to guard bases, drive trucks, feed The measure also addresses weakness ‘‘§ 1039. War profiteering and fraud relating in the existing laws used to combat to military action, relief, and reconstruc- and shelter the troops and rebuild the tion efforts country. This is more than the annual war profiteering, by providing clear au- thority for the Government to seek ‘‘(a) PROHIBITION.— budget of the Department of Homeland ‘‘(1) IN GENERAL.—Whoever, in any matter Security. criminal penalties and to recover ex- involving a contract or the provision of Instead of results from these compa- cessive profits for war profiteering goods or services, directly or indirectly, in nies, we are seeing penalties levied for overseas. These are strong and focused connection with a war, military action, or allegations of fraud and abuse. At least sanctions that are narrowly tailored to relief or reconstruction activities within the 10 companies with billions of dollars in punish and deter fraud or excessive jurisdiction of the United States Govern- U.S. contracts for Iraq reconstruction profiteering in contracts, both at home ment, knowingly and willfully— have paid more than $300 million in and abroad. ‘‘(A)(i) executes or attempts to execute a The message sent by this bill is scheme or artifice to defraud the United penalties since 2000, to resolve allega- States; or tions of bid rigging, fraud, delivery of clear—any act to exploit the crisis sit- ‘‘(ii) materially overvalues any good or faulty military parts and environ- uation in Iraq or elsewhere overseas for service with the specific intent to defraud mental damage. Seven other companies exorbitant gain is unacceptable, rep- and excessively profit from the war, military with Iraq reconstruction contracts rehensible, and criminal. Such deceit action, or relief or reconstruction activities; have agreed to pay financial penalties demeans and exploits the sacrifices shall be fined under paragraph (2), impris- without admitting wrongdoing. that our military personnel are making oned not more than 20 years, or both; or In 2005, Halliburton took in approxi- in Iraq and Afghanistan, and around ‘‘(B)(i) falsifies, conceals, or covers up by mately $3.6 billion from contracts to the world. This bill also builds on a any trick, scheme, or device a material fact; ‘‘(ii) makes any materially false, fictitious, serve U.S. troops and rebuild the oil in- strong legacy of historical efforts to or fraudulent statements or representations; dustry in Iraq. Halliburton executives stem war profiteering. Congress imple- or say that the company received about $1 mented excessive-profits taxes and con- ‘‘(iii) makes or uses any materially false billion a month for Iraq work in 2006. tract renegotiation laws after both writing or document knowing the same to In addition, last month, we learned of World Wars, and again after the Korean contain any materially false, fictitious or new plans to spend hundreds of mil- War. Advocating exactly such an ap- fraudulent statement or entry; lions more to create jobs in Iraq. proach, President Roosevelt once de- shall be fined under paragraph (2) imprisoned Last year, the Special Inspector Gen- clared it our duty to ensure that ‘‘a few not more than 10 years, or both. ‘‘(2) FINE.—A person convicted of an of- eral for Iraq Reconstruction found that do not gain from the sacrifices of the fense under paragraph (1) may be fined the millions of U.S. taxpayer funds appro- many.’’ greater of— priated for Iraq reconstruction have Our Government cannot in good faith ‘‘(A) $1,000,000; or been lost and diverted. Yet we continue ask its people to sacrifice for recon- ‘‘(B) if such person derives profits or other to send more taxpayer funds to Iraq, struction efforts that allow some to proceeds from the offense, not more than without accountability. profit unfairly. When U.S. taxpayers twice the gross profits or other proceeds. Too much of this money is unac- have been called upon to bear the bur- ‘‘(b) EXTRATERRITORIAL JURISDICTION.— counted for, and many of the facilities den of reconstruction contracts—where There is extraterritorial Federal jurisdiction and services that these funds were sup- contracts are awarded in a system that over an offense under this section. ‘‘(c) VENUE.—A prosecution for an offense posed to pay for are still nonexistent. offers little competition and even less under this section may be brought— We in Congress must ask—where did all accountability—concerns about war- ‘‘(1) as authorized by chapter 211 of this the money go? We need to press for time profiteering are a grave matter. title; more accountability over the use and Combating war profiteering is not a ‘‘(2) in any district where any act in fur- abuse of billions of taxpayers’ dollars Democratic issue, or a Republican therance of the offense took place; or sent as development aid to Iraq, not issue. Rather, it is a cause that all ‘‘(3) in any district where any party to the less. Americans can support. When I first in- contract or provider of goods or services is A new law to combat war profit- troduced this bill in 2003, it came to be located.’’. (2) TABLE OF SECTIONS.—The table of sec- eering in Iraq and elsewhere is sorely cosponsored by 21 Senators. The Senate tions for chapter 47 of title 18, United States needed and long overdue. Although Appropriations Committee also unani- Code, is amended by adding at the end the there are anti-fraud laws to protect mously accepted these provisions dur- following: against the waste of U.S. tax dollars at ing a Senate Appropriations Com- ‘‘1039. War profiteering and fraud relating to home, no law expressly prohibits war mittee markup of the $87 billion appro- military action, relief, and re- profiteering or expressly confers juris- priations bill for Iraq and Afghanistan construction efforts.’’.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S120 CONGRESSIONAL RECORD — SENATE January 4, 2007 (b) CIVIL FORFEITURE.—Section 981(a)(1)(C) tember. The Act extends coverage to Labor to make industry-wide deter- of title 18, United States Code, is amended by more of the workers who are affected minations if she receives three or more inserting ‘‘1039,’’ after ‘‘1032,’’. by trade and globalization. And the Act petitions in one industry within one 6- (c) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) of title 18, United States Code, is will improve the overall efficiency and month period, or if the Senate Finance amended by striking ‘‘or 1030’’ and inserting effectiveness of the program. Committee and the House Ways and ‘‘1030, or 1039’’. For more than a century, the manu- Means Committee pass a resolution re- (d) RICO.—Section 1956(c)(7)(D) of title 18, facturing sector drove the American questing such an investigation. United States Code, is amended by inserting economy. So, when President Kennedy We can anticipate and in some cases the following: ‘‘, section 1039 (relating to war decided to open the American economy even prevent displacements by renew- profiteering and fraud relating to military to more trade, he established the Trade ing and expanding our commitment to action, relief, and reconstruction efforts)’’ Adjustment Assistance program to small and medium-sized American after ‘‘liquidating agent of financial institu- tion),’’. help workers in the manufacturing sec- companies looking to recapture their tor adjust to change. competitive edge. One key, yet small By Mr. BAUCUS (for himself and Today, our economy depends upon program that can help prevent dis- Mr. COLEMAN): service exports. More than 75 percent placements and shifts in production to S. 122. A bill to amend the Trade Act of the American labor force work in overseas is the TAA for Firms program of 1974 to extend benefits to service sec- services. While many service sector in the Department of Commerce. The tor workers and firms, enhance certain jobs cannot be outsourced, technology Firms program reaches out to compa- trade adjustment assistance authori- change makes it possible to provide nies that have experienced decreasing ties, and for other purposes; to the many services remotely, in such fields sales or production due to import com- Committee on Finance. as accounting, healthcare, and com- petition and have laid off or expect to Mr. BAUCUS. Mr. President, I am puters and information technology. So lay off workers. pleased today to introduce the Trade when a large call center left Kalispell, This program is chronically under- Adjustment Assistance Improvement Montana, three years ago for Canada, funded, and it should also be available Act of 2007 with my good friend and the Montana workers left behind did to service sector firms. This bill would colleague, Senator NORM COLEMAN. not have access to the same benefits authorize $50 million for this program In 2006, the United States passed, that workers laid off from the Colum- to reach more small- and medium-sized signed or concluded no fewer than five bia Falls Aluminum manufacturing businesses across the nation before new free trade agreements. This June, plant did. They should have. they are forced to lay off their Amer- the President’s authority to negotiate Last year, the Department of Labor ican workers and close their doors. trade agreements will expire. Congress agreed, for the first time ever, that This bill also moves the Firms pro- should extend the President’s author- workers who produce software, an in- gram from the Economic Development ity to negotiate these deals. But when tangible product, should be eligible for Administration at Commerce back into we do, we must raise the bar higher Trade Adjustment Assistance. That the International Trade Administra- than before. Each deal must surpass was a step in the right direction. We tion. That’s where it was previously. the last, in order to take advantage of should take the next step this year. We And frankly that’s where it ought to and adjust to changes in the global should finally extend coverage to have remained. Despite the Firms pro- marketplace that affect American American service workers. That is gram’s proven track record, proposals businesses and workers. what my bill proposes. related to the program under the Eco- Congress will consider these agree- Trade Adjustment Assistance certifi- nomic Development Administration ments on their merits. In most cases, cation takes place on a case-by-case, have sought to either defund the pro- these deals will mean more access for plant-by-plant basis. This means that gram altogether, or to limit eligibility American producers and service pro- while two factories producing the same by increasing the profit-loss margin re- viders. In some few cases, these agree- products may both experience foreign quired for participation and arbitrary ments could mean more and fiercer competition that leads to layoffs, often termination of firms after 2 years. The competition for producers and pro- only one of those factories’ laid off Firms program is a trade program and viders here at home. workers gets certified as eligible for should be administered by an agency Competition is the engine that drives the program. whose primary mission is to help market economies like ours. It spawns Consider the softwood lumber indus- American companies to adjust to and innovation and creates new jobs. But try. At least 12 out of 35 Trade Adjust- benefit from trade. just as jobs are created in new sectors ment Assistance petitions filed by In 2002, with the passage of the Trade of our economy, jobs are also lost in workers in Montana’s softwood lumber Adjustment Assistance Reform Act, I other sectors which experience sudden industry over the last 7 years were de- had great expectations for our first or unfair competition from abroad. nied by the Department of Labor. Yet, wage insurance demonstration project. Whether and how effectively we help all of these mills were similarly af- In theory, wage insurance—or Alter- those firms and workers who feel the fected by the same market conditions— native Trade Adjustment Assistance— negative effects of our national trade dumped and subsidized Canadian im- encourages swift re-entry into the policy will, in large part, determine ports. The International Trade Com- workforce by replacing a portion of a whether and how effectively we can mission found that Canadian imports worker’s lost wages when a worker ac- move a trade agenda forward this year. injured or threatened to injury the cepts a lower paying job within 6 During the last several Congresses, softwood lumber industry on a national months of a layoff. Workers who we have experienced unprecedented scale. choose wage insurance over traditional change in the global marketplace and But the Department of Labor’s cer- Trade Adjustment Assistance training in our labor market at home. I have tification process does not take into and income assistance often have less worked to raise the bar on our efforts account the bigger—and often more access to good training or simply can- to help workers affected by these meaningful—picture. It simply relies not afford to be out of work during changes. Today, I propose again, more on data provided by individual compa- their training. Wage insurance provides urgently than ever, that Congress and nies that lay off the workers to make an incentive for employers to hire the administration work together to its case-by-case determination. lower-skilled and older workers and adapt our national worker adjustment The legislation that I introduce train them on the job. strategies to the challenges of today makes industry-wide certifi- In practice, I have been disappointed globalization. The Trade Adjustment cation automatic for workers anywhere with the Department of Labor’s imple- Assistance Improvement Act is a first in the United States if the President, mentation of the wage insurance pro- and necessary step in that direction. the International Trade Commission, posal that we crafted in 2002. In a 2004 The Trade Adjustment Assistance or another qualified Federal agency de- review by the Government Account- Improvement Act includes many pro- termines that imports are harming ability Office, the Department of La- posals that Congress should consider that industry. My bill also authorizes, bor’s implementation of the benefit before the program expires this Sep- but does not require, the Secretary of came up far short of the mark. Last
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S121 year, the Government Accountability tremendous opportunities for American Sec. 302. Establishment of Trade Adjust- Office once again found that the De- businesses and workers, from cutting ment Assistance Advisor. partment needed to improve its imple- the cost of living to increasing the Sec. 303. Office of Trade Adjustment Assist- ance. mentation, focusing specifically on its margin of profit. Trade accounts for a Sec. 304. Certification of submissions. outreach to and direction of state em- quarter of our gross domestic product. Sec. 305. Wage insurance. ployment service offices. The adjustments we have made to Sec. 306. Training. I hope to work with the Department maximize trade’s benefits save the av- Sec. 307. Funding for administrative costs. Sec. 308. Authorization of appropriations. of Labor on strategies that will im- erage American household $9,000 annu- Subtitle B—Data Collection prove its outreach. Wage insurance can ally. help put people back to work, and can But we must also make adjustments Sec. 311. Short title. even save money over traditional Sec. 312. Data collection; information to to respond to the challenges that come workers. Trade Adjustment Assistance. But it with globalization. American busi- Sec. 313. Determinations by the Secretary of cannot do either of those things if no nesses in the 21st century face rapidly- Labor. one knows about the benefit. changing consumer preferences and Subtitle C—Trade Adjustment Assistance for This bill streamlines the process to ever-swifter technological advances. Farmers qualify for wage insurance, and lowers Global competition is fierce. Innova- Sec. 321. Clarification of marketing year and the eligible age from 50 to 40. Wage re- tion is the key to these companies’ other provisions. Sec. 322. Eligibility. placement should be available to continued prosperity. younger workers who would re-enter The same holds true for American TITLE I—TRADE ADJUSTMENT ASSISTANCE FOR SERVICES SECTOR the workforce more quickly if they workers. They know that they must could afford the often steep wage cut. adjust to changes in the labor market SEC. 101. SHORT TITLE. Another key component of the Trade This title may be cited as the ‘‘Trade Ad- if they are to maintain their place in Adjustment Assistance Reform Act was justment Assistance Equity for Service it. Workers must be prepared for one or the health care tax credit to help dis- Workers Act of 2007’’. more career shifts before retirement. placed workers and some retirees SEC. 102. EXTENSION OF TRADE ADJUSTMENT AS- They must acquire more skills, and re- SISTANCE TO SERVICES SECTOR. maintain access to health insurance fresh their skills more often. (a) ADJUSTMENT ASSISTANCE FOR WORK- coverage. As health costs grow, losing We can help American companies ERS.—Section 221(a)(1)(A) of the Trade Act of health insurance can be as financially 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by adapt, and regain their competitive devastating to workers as losing a job. striking ‘‘firm)’’ and inserting ‘‘firm, and While I still believe that the TAA edge in the global marketplace. We can workers in a service sector firm or subdivi- health care tax credit holds promise, help more trade-displaced workers get sion of a service sector firm, or public agen- back into the workforce. We should cy)’’. this is clearly an area where reforms (b) GROUP ELIGIBILITY REQUIREMENTS; are needed to help the credit achieve help these workers adapt not only to trade displacement, but to all the other SERVICE WORKERS; SHIFTS IN PRODUCTION.— its purpose. Section 222 of the Trade Act of 1974 (19 U.S.C. Today, the TAA health care tax cred- aspects of globalization as well. 2272) is amended— it helps only a fraction of the hundreds American workers and the companies (1) in subsection (a)— of thousands eligible for assistance. In that employ them must each contin- (A) in the matter preceding paragraph (1), its first 2 years, less than 6 percent of ually adjust to a changing world mar- by striking ‘‘agricultural firm)’’ and insert- eligible workers and retirees enrolled. ketplace. So too should our worker ad- ing ‘‘agricultural firm, and workers in a service sector firm or subdivision of a service A GAO report released last year study- justment strategies. Mr. President, I ask unanimous con- sector firm, or public agency)’’; ing five major plant closings in 2003 (B) in paragraph (1), by inserting ‘‘or pub- and 2004 found that only 3 to 12 percent sent that the full text of the bill be lic agency’’ after ‘‘of the firm’’; and of eligible workers enrolled. More than printed in the RECORD. (C) in paragraph (2)— half of the workers studied didn’t sign There being no objection, the text of (i) in subparagraph (A)(ii), by striking up for the tax credit because the 65 per- the bill was ordered to be printed in ‘‘like or directly competitive with articles cent subsidy was too low to make the RECORD, as follows: produced’’ and inserting ‘‘or services like or S. 122 directly competitive with articles produced health coverage affordable. or services provided’’; The tax credit also suffers from com- Be it enacted by the Senate and House of Rep- (ii) by striking subparagraph (B) and in- plexity and administrative red tape. resentatives of the United States of America in serting the following: More than half of eligible workers in Congress assembled, ‘‘(B)(i) there has been a shift, by such GAO’s recent study didn’t even know SECTION 1. SHORT TITLE; TABLE OF CONTENTS. workers’ firm, subdivision, or public agency about the benefit. About a third of (a) SHORT TITLE.—This Act may be cited as to a foreign country, of production of arti- workers who knew about the benefit the ‘‘Trade Adjustment Assistance Improve- cles, or in provision of services, like or di- decided not to enroll because it was too ment Act of 2007’’. rectly competitive with articles which are confusing. Even those who understand (b) TABLE OF CONTENTS.—The table of con- produced, or services which are provided by tents for this Act is as follows: such firm, subdivision, or public agency; or it have to navigate complex rules and Sec. 1. Short title; table of contents. ‘‘(ii) such workers’ firm, subdivision, or requirements to get the benefit. public agency has obtained or is likely to ob- TITLE I—TRADE ADJUSTMENT We need to make this program sim- tain such services from a foreign country.’’; ASSISTANCE FOR SERVICES SECTOR pler, more affordable, and more seam- (2) in subsection (b)— less so that more workers can take it Sec. 101. Short title. (A) in the matter preceding paragraph (1), up in the years ahead. We need to im- Sec. 102. Extension of trade adjustment as- by striking ‘‘agricultural firm)’’ and insert- prove the information that workers sistance to services sector. ing ‘‘agricultural firm, and workers in a and retirees get about the program and Sec. 103. Trade adjustment assistance for service sector firm or subdivision of a service firms and industries. sector firm, or public agency)’’; create systems to ensure that they get Sec. 104. Monitoring and reporting. it. We need to cut down on the red (B) in paragraph (2), by inserting ‘‘or serv- Sec. 105. Effective date. ice’’ after ‘‘related to the article’’; and tape. And we need to look at options to TITLE II—TRADE ADJUSTMENT (C) in paragraph (3)(A), by inserting ‘‘or make this benefit more affordable so ASSISTANCE FOR INDUSTRIES services’’ after ‘‘component parts’’; that we can truly reach the hundreds of Sec. 201. Other methods of requesting inves- (3) in subsection (c)— thousands eligible for this benefit that tigation. (A) in paragraph (3)— Congress intended to help when we en- Sec. 202. Notification. (i) by inserting ‘‘or services’’ after ‘‘value- acted these reforms 4 years ago. I plan Sec. 203. Industry-wide determination. added production processes’’; to introduce a bill later in the year Sec. 204. Coordination with other trade pro- (ii) by striking ‘‘or finishing’’ and inserting that will achieve these goals for re- visions. ‘‘, finishing, or testing’’; forming the health care tax credit and Sec. 205. Regulations. (iii) by inserting ‘‘or services’’ after ‘‘for articles’’; TITLE III—OTHER TRADE ADJUSTMENT will look forward to working with Sen- (iv) by inserting ‘‘(or subdivision)’’ after ASSISTANCE MATTERS ator Coleman and other colleagues in ‘‘such other firm’’; and this effort. Subtitle A—Trade Adjustment Assistance (v) by striking ‘‘, if the certification of eli- The forces of globalization, like trade Sec. 301. Calculation of separation tolled gibility’’ and all that follows to the end pe- and technology change, have created during litigation. riod; and
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S122 CONGRESSIONAL RECORD — SENATE January 4, 2007 (B) in paragraph (4)— under paragraph (1) through questionnaires ‘‘(1) a group of workers (which may include (i) by striking ‘‘for articles’’ and inserting or in such other manner as the Secretary de- workers from more than one facility or em- ‘‘, or services, used in the production of arti- termines is appropriate. The Secretary may ployer); or cles or in the provision of services’’; and exercise the authority under section 249 in ‘‘(2) all workers in an occupation as that (ii) by inserting ‘‘(or subdivision)’’ after carrying out this subsection.’’. occupation is defined in the Bureau of Labor ‘‘such other firm’’; and (2) DEFINITION.—Section 261 of the Trade Statistics Standard Occupational Classifica- (4) by adding at the end the following new Act of 1974 (19 U.S.C. 2351) is amended— tion System.’’; subsection: (A) by striking ‘‘For purposes of’’ and in- (2) in subsection (a)(2), by inserting ‘‘or a ‘‘(d) BASIS FOR SECRETARY’S DETERMINA- serting ‘‘(a) FIRM.—For purposes of’’; and request or resolution filed under subsection TIONS.— (B) by adding at the end the following: (c),’’ after ‘‘paragraph (1),’’; and ‘‘(1) INCREASED IMPORTS.—For purposes of ‘‘(b) SERVICE SECTOR FIRM.—For purposes (3) in subsection (a)(3), by inserting ‘‘, re- subsection (a)(2)(A)(ii), the Secretary may of this chapter, the term ‘service sector firm’ quest, or resolution’’ after ‘‘petition’’ each determine that increased imports of like or means a firm engaged in the business of pro- place it appears. directly competitive articles or services viding services.’’. SEC. 202. NOTIFICATION. exist if the workers’ firm or subdivision or (b) INDUSTRIES.—Section 265(a) of the Section 2243 of the Trade Act of 1974 (19 customers of the workers’ firm or subdivi- Trade Act of 1974 (19 U.S.C. 2355(a)) is amend- U.S.C. 2274) is amended to read as follows: ed by inserting ‘‘or service’’ after ‘‘new prod- sion accounting for not less than 20 percent ‘‘SEC. 224. NOTIFICATIONS REGARDING AFFIRMA- of the sales of the workers’ firm or subdivi- uct’’. TIVE DETERMINATIONS AND SAFE- sion certify to the Secretary that they are (c) TECHNICAL AMENDMENTS.— GUARDS. obtaining such articles or services from a (1) IN GENERAL.—Section 249 of the Trade ‘‘(a) NOTIFICATIONS REGARDING CHAPTER 1 foreign country. Act of 1974 (19 U.S.C. 2321) is amended by INVESTIGATIONS AND DETERMINATIONS.— ‘‘(2) OBTAINING SERVICES ABROAD.—For pur- striking ‘‘subpena’’ and inserting ‘‘sub- Whenever the International Trade Commis- poses of subsection (a)(2)(B)(ii), the Sec- poena’’ each place it appears in the heading sion makes a report under section 202(f) con- retary may determine that the workers’ and the text. taining an affirmative finding regarding seri- firm, subdivision, or public agency has ob- (2) TABLE OF CONTENTS.—The table of con- ous injury, or the threat thereof, to a domes- tained or is likely to obtain like or directly tents for the Trade Act of 1974 is amended by tic industry, the Commission shall imme- competitive services from a foreign country striking ‘‘Subpena’’ in the item relating to diately— based on a certification thereof from the section 249 and inserting ‘‘Subpoena’’. ‘‘(1) notify the Secretary of Labor of that workers’ firm, subdivision, or public agency. SEC. 104. MONITORING AND REPORTING. finding; and ‘‘(3) AUTHORITY OF THE SECRETARY.—The Section 282 of the Trade Act of 1974 (19 ‘‘(2) in the case of a finding with respect to Secretary may obtain the certifications U.S.C. 2393) is amended— an agricultural commodity, as defined in under paragraphs (1) and (2) through ques- (1) in the first sentence— section 291, notify the Secretary of Agri- tionnaires or in such other manner as the (A) by striking ‘‘The Secretary’’ and in- culture of that finding. Secretary determines is appropriate.’’. serting ‘‘(a) MONITORING PROGRAMS.—The ‘‘(b) NOTIFICATION REGARDING BILATERAL (c) DEFINITIONS.—Section 247 of the Trade Secretary’’; SAFEGUARDS.—The International Trade Com- Act of 1974 (19 U.S.C. 2319) is amended— (B) by inserting ‘‘and services’’ after ‘‘im- mission shall immediately notify the Sec- (1) in paragraph (1)— ports of articles’’; retary of Labor and, in an investigation with (A) by inserting ‘‘or public agency’’ after (C) by inserting ‘‘and domestic provision of respect to an agricultural commodity, the ‘‘of a firm’’; and services’’ after ‘‘domestic production’’; Secretary of Agriculture, whenever the Com- (B) by inserting ‘‘or public agency’’ after (D) by inserting ‘‘or providing services’’ mission makes an affirmative determination ‘‘or subdivision’’; after ‘‘producing articles’’; and pursuant to one of the following provisions: (2) in paragraph (2)(B), by inserting ‘‘or (E) by inserting ‘‘, or provision of serv- ‘‘(1) Section 421 of the Trade Act of 1974 (19 public agency’’ after ‘‘the firm’’; ices,’’ after ‘‘changes in production’’; and U.S.C. 2451). (3) by redesignating paragraphs (8) through (2) by adding at the end the following: ‘‘(2) Section 312 of the United States-Aus- (17) as paragraphs (9) through (18), respec- ‘‘(b) COLLECTION OF DATA AND REPORTS ON tralia Free Trade Agreement Implementa- tively; and SERVICE SECTOR.— tion Act (19 U.S.C. 3805 note). (4) by inserting after paragraph (6) the fol- ‘‘(1) SECRETARY OF LABOR.—Not later than ‘‘(3) Section 312 of the United States-Mo- lowing: 3 months after the date of the enactment of rocco Free Trade Agreement Implementa- ‘‘(7) The term ‘public agency’ means a de- the Trade Adjustment Assistance Improve- tion Act (19 U.S.C. 3805 note). partment or agency of a State or local gov- ment Act of 2007, the Secretary of Labor ‘‘(4) Section 312 of the United States-Singa- ernment or of the Federal Government. shall implement a system to collect data on pore Free Trade Agreement Implementation ‘‘(8) The term ‘service sector firm’ means adversely affected service workers that in- Act (19 U.S.C. 3805 note). an entity engaged in the business of pro- cludes the number of workers by State, in- ‘‘(5) Section 312 of the United States-Chile viding services.’’. dustry, and cause of dislocation of each Free Trade Agreement Implementation Act SEC. 103. TRADE ADJUSTMENT ASSISTANCE FOR worker. (19 U.S.C. 3805 note). FIRMS AND INDUSTRIES. ‘‘(2) SECRETARY OF COMMERCE.—Not later ‘‘(6) Section 302(b) of the North American (a) FIRMS.— than 180 days after such date of enactment, Free Trade Agreement Implementation Act (1) ASSISTANCE.—Section 251 of the Trade the Secretary of Commerce shall, in con- (19 U.S.C. 3352(b)). Act of 1974 (19 U.S.C. 2341) is amended— sultation with the Secretary of Labor, con- ‘‘(7) Section 212 of the United States-Jor- (A) in subsection (a), by inserting ‘‘or serv- duct a study and report to the Congress on dan Free Trade Agreement Implementation ice sector firm’’ after ‘‘(including any agri- ways to improve the timeliness and coverage Act (19 U.S.C. 2112). cultural firm’’; of data on trade in services, including meth- ‘‘(8) Section 312 of the Dominican Republic- (B) in subsection (c)(1)— ods to identify increased imports due to the Central America-United States Free Trade (i) in the matter preceding subparagraph relocation of United States firms to foreign Agreement Implementation Act (19 U.S.C. (A), by inserting ‘‘or service sector firm’’ countries, and increased imports due to 4062). after ‘‘any agricultural firm’’; United States firms obtaining services from ‘‘(9) Section 312 of the United States-Bah- (ii) in subparagraph (B)(ii), by inserting firms in foreign countries.’’. rain Free Trade Agreement Implementation ‘‘or service’’ after ‘‘of an article’’; and SEC. 105. EFFECTIVE DATE. Act (19 U.S.C. 3805 note). (iii) in subparagraph (C), by striking ‘‘arti- The amendments made by this title shall ‘‘(10) Section 312 of the United States- cles like or directly competitive with arti- take effect on the date that is 90 days after Oman Free Trade Agreement Implementa- cles which are produced’’ and inserting ‘‘arti- the date of the enactment of this Act. tion Act (19 U.S.C. 3805 note). cles or services like or directly competitive TITLE II—TRADE ADJUSTMENT ‘‘(c) AGRICULTURAL SAFEGUARDS.—The with articles or services which are produced ASSISTANCE FOR INDUSTRIES Commissioner of Customs shall immediately notify the Secretary of Labor and, in the or provided’’; and SEC. 201. OTHER METHODS OF REQUESTING IN- (C) by adding at the end the following: VESTIGATION. case of an agricultural commodity, the Sec- ‘‘(e) BASIS FOR SECRETARY DETERMINA- Section 221 of the Trade Act of 1974 (19 retary of Agriculture, whenever the Commis- TION.— U.S.C. 2271) is amended— sioner of Customs assesses additional duties ‘‘(1) INCREASED IMPORTS.—For purposes of (1) by adding at the end the following: on a product pursuant to one of the following subsection (c)(1)(C), the Secretary may de- ‘‘(c) OTHER METHODS OF INITIATING A PETI- provisions: termine that increases of imports of like or TION.—Upon the request of the President or ‘‘(1) Section 202 of the United States-Aus- directly competitive articles or services the United States Trade Representative, or tralia Free Trade Agreement Implementa- exist if customers accounting for not less the resolution of either the Committee on tion Act (19 U.S.C. 3805 note). than 20 percent of the sales of the workers’ Finance of the Senate or the Committee on ‘‘(2) Section 202 of the United States-Mo- firm certify to the Secretary that they are Ways and Means of the House of Representa- rocco Free Trade Agreement Implementa- obtaining such articles or services from a tives, the Secretary shall promptly initiate tion Act (19 U.S.C. 3805 note). foreign country. an investigation under this chapter to deter- ‘‘(3) Section 201(c) of the United States- ‘‘(2) AUTHORITY OF THE SECRETARY.—The mine the eligibility for adjustment assist- Chile Free Trade Agreement Implementation Secretary may obtain the certifications ance of— Act (19 U.S.C. 3805 note).
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‘‘(4) Section 309 of the North American (2) ASSISTANCE FOR WORKERS.—Section (19 U.S.C. 2401 et seq.) is amended by striking Free Trade Agreement Implementation Act 203(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. section 294 and inserting the following: (19 U.S.C. 3358). 2253(a)(1)(A)) is amended to read as follows: ‘‘SEC. 294. INDUSTRY-WIDE CERTIFICATION FOR ‘‘(5) Section 301(a) of the United States- ‘‘(A) After receiving a report under section AGRICULTURAL COMMODITY PRO- Canada Free Trade Agreement Implementa- 202(f) containing an affirmative finding re- DUCERS WHERE SAFEGUARD PROVI- tion Act of 1988 (19 U.S.C. 2112 note). garding serious injury, or the threat thereof, SIONS INVOKED OR ANTIDUMPING ‘‘(6) Section 404 of the United States-Israel to a domestic industry— OR COUNTERVAILING DUTIES IM- POSED. Free Trade Agreement Implementation Act ‘‘(i) the President shall take all appro- ‘‘(a) IN GENERAL.—Not later than 10 days (19 U.S.C. 2112 note). priate and feasible action within his power; after the date on which the Secretary of Ag- ‘‘(7) Section 202 of the Dominican Republic- and riculture receives a notification with respect Central America-United States Free Trade ‘‘(ii)(I) the Secretary of Labor shall certify to the imposition of a trade remedy, safe- Agreement Implementation Act (19 U.S.C. as eligible to apply for adjustment assist- guard determination, or antidumping or 4032). ance under section 223 workers employed in countervailing duty determination under ‘‘(d) TEXTILE SAFEGUARDS.—The President the domestic industry defined by the Com- section 224 (b), (c), or (e), the Secretary shall shall immediately notify the Secretary of mission if such workers become totally or certify as eligible for trade adjustment as- Labor whenever the President makes a posi- partially separated, or are threatened to be- sistance under section 293(a) agricultural tive determination pursuant to one of the come totally or partially separated, not ear- commodity producers employed in the do- following provisions: lier than 1 year before, or not later than 1 mestic production of the agricultural com- ‘‘(1) Section 322 of the United States-Aus- year after, the date on which the Commis- modity that is the subject of the trade rem- tralia Free Trade Agreement Implementa- sion made its report to the President under edy, safeguard determination, or anti- tion Act (19 U.S.C. 3805 note). section 202(f); and dumping or countervailing duty determina- ‘‘(2) Section 322 of the United States-Mo- ‘‘(II) in the case of a finding with respect tion, as the case may be, during the most re- rocco Free Trade Agreement Implementa- to an agricultural commodity as defined in cent marketing year. tion Act (19 U.S.C. 3805 note). section 291, the Secretary of Agriculture ‘‘(b) APPLICABLE DATE.—In this section, ‘‘(3) Section 322 of the United States-Chile shall certify as eligible to apply for adjust- the term ‘applicable date’ means— Free Trade Agreement Implementation Act ment assistance under section 293 agricul- ‘‘(1) the date on which the affirmative or (19 U.S.C. 3805 note). tural commodity producers employed in the positive determination or finding is made in ‘‘(4) Section 322 of the United States-Singa- domestic production of the agricultural com- the case of a notification under section pore Free Trade Agreement Implementation modity that is the subject of the finding dur- 224(b); Act (19 U.S.C. 3805 note). ing the most recent marketing year.’’. ‘‘(2) the date on which a final determina- ‘‘(5) Section 322 of the Dominican Republic- (b) INDUSTRY-WIDE CERTIFICATION BASED ON tion is made in the case of a notification Central America-United States Free Trade BILATERAL SAFEGUARD PROVISIONS OR ANTI- under section 224(e); or Agreement Implementation Act (19 U.S.C. DUMPING OR COUNTERVAILING DUTY ORDERS.— ‘‘(3) the date on which additional duties 4082). (1) IN GENERAL.—Subchapter A of chapter 1 are assessed in the case of a notification ‘‘(6) Section 322 of the United States-Bah- of title II of the Trade Act of 1974 (19 U.S.C. under section 224(c).’’. rain Free Trade Agreement Implementation 2271 et seq.) is amended by inserting after (c) TECHNICAL AMENDMENTS.—The table of Act (19 U.S.C. 3805 note). section 224 the following new section: contents for title II of the Trade Act of 1974 ‘‘(7) Section 322 of the United States-Oman ‘‘SEC. 224A. INDUSTRY-WIDE CERTIFICATION is amended— Free Trade Agreement Implementation Act WHERE BILATERAL SAFEGUARD (1) by striking the item relating to section (19 U.S.C. 3805 note). PROVISIONS INVOKED OR ANTI- DUMPING OR COUNTERVAILING DU- 224 and inserting the following: ‘‘(e) ANTIDUMPING AND COUNTERVAILING DU- TIES IMPOSED. TIES.—Whenever the International Trade ‘‘Sec. 224. Notifications regarding affirma- ‘‘(a) IN GENERAL.— Commission makes a final affirmative deter- tive determinations and safe- ‘‘(1) MANDATORY CERTIFICATION.—Not later mination pursuant to section 705 or section guards.’’; than 10 days after the date on which the Sec- 735 of the Tariff Act of 1930 (19 U.S.C. 1671d or (2) by inserting after the item relating to retary of Labor receives a notification with 1673d), the Commission shall immediately section 224, the following: respect to the imposition of a trade remedy, notify the Secretary of Labor and, in the safeguard determination, or antidumping or ‘‘Sec. 224A. Industry-wide certification case of an agricultural commodity, the Sec- countervailing duty determination under based on bilateral safeguard retary of Agriculture, of that determina- section 224 (a), (b), (c), (d), or (e), the Sec- provisions invoked or anti- tion.’’. retary shall certify as eligible for trade ad- dumping or countervailing du- SEC. 203. INDUSTRY-WIDE DETERMINATION. justment assistance under section 223(a) ties imposed.’’; Section 223 of the Trade Act of 1974 (19 workers employed in the domestic produc- and U.S.C. 2273) is amended by adding at the end tion of the article that is the subject of the (3) by striking the item relating to section the following: trade remedy, safeguard determination, or 294, and inserting the following: ‘‘(e) INVESTIGATION REGARDING INDUSTRY- antidumping or countervailing duty deter- ‘‘Sec. 294. Industry-wide certification for ag- WIDE CERTIFICATION.—If the Secretary re- mination, as the case may be, if such work- ricultural commodity producers ceives a request or a resolution under section ers become totally or partially separated, or where safeguard provisions in- 221(c) on behalf of workers in a domestic in- are threatened to become totally or partially voked or antidumping or coun- dustry or occupation (described in section separated not more than 1 year before or not tervailing duties imposed.’’. 221(c)(2)) or receives 3 or more petitions more than 1 year after the applicable date. SEC. 205. REGULATIONS. under section 221(a) within a 180-day period ‘‘(2) APPLICABLE DATE.—In this section, the The Secretary of the Treasury, the Secre- on behalf of groups of workers in a domestic term ‘applicable date’ means— taries of Agriculture and Labor, and the industry or occupation, the Secretary shall ‘‘(A) the date on which the affirmative or International Trade Commission may pro- make an industry-wide determination under positive determination or finding is made in mulgate such regulations as may be nec- subsection (a) of this section with respect to the case of a notification under section 224 essary to carry out the amendments made by the domestic industry or occupation in (a), (b), or (d); this title. which the workers are or were employed. If ‘‘(B) the date on which a final determina- TITLE III—OTHER TRADE ADJUSTMENT the Secretary does not make a determina- tion is made in the case of a notification ASSISTANCE MATTERS tion and issue a certification under the pre- under section 224(e); or ceding sentence, the Secretary shall make a ‘‘(C) the date on which additional duties Subtitle A—Trade Adjustment Assistance determination of eligibility under subsection are assessed in the case of a notification SEC. 301. CALCULATION OF SEPARATION TOLLED (a) with respect to each group of workers in under section 224(c). DURING LITIGATION. that domestic industry or occupation from ‘‘(b) QUALIFYING REQUIREMENTS FOR WORK- Section 233 of the Trade Act of 1974 (19 which a petition was received.’’. ERS.—The provisions of subchapter B shall U.S.C. 2293) is amended by adding at the end SEC. 204. COORDINATION WITH OTHER TRADE apply in the case of a worker covered by a the following: PROVISIONS. certification under this section or section ‘‘(h) SPECIAL RULE FOR CALCULATING SEPA- (a) INDUSTRY-WIDE CERTIFICATION BASED ON 223(e), except as follows: RATION.—Notwithstanding any other provi- GLOBAL SAFEGUARDS.— ‘‘(1) Section 231(a)(5)(A)(ii) shall be ap- sion of this chapter, any period during which (1) RECOMMENDATIONS BY ITC.— plied— a judicial or administrative appeal is pend- (A) Section 202(e)(2)(D) of the Trade Act of ‘‘(A) by substituting ‘30th week’ for ‘26th ing with respect to the denial by the Sec- 1974 (19 U.S.C. 2252(e)(2)(D)) is amended by week’ in subclause (I); and retary of a petition under section 223 shall striking ‘‘, including the provision of trade ‘‘(B) by substituting ‘26th week’ for ‘20th not be counted for purposes of calculating adjustment assistance under chapter 2’’. week’ in subclause (II). the period of separation under subsection (B) Section 203(a)(3)(D) of the Trade Act of ‘‘(2) The provisions of section 236(a)(1) (A) (a)(2) and an adversely affected worker that 1974 (19 U.S.C. 2253(a)(3)(D)) is amended by and (B) shall not apply.’’. would otherwise be entitled to a trade read- striking ‘‘, including the provision of trade (2) AGRICULTURAL COMMODITY PRODUCERS.— justment allowance shall not be denied such adjustment assistance under chapter 2’’. Chapter 6 of title II of the Trade Act of 1974 allowance because of such appeal.’’.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S124 CONGRESSIONAL RECORD — SENATE January 4, 2007 SEC. 302. ESTABLISHMENT OF TRADE ADJUST- apply for adjustment assistance under sec- that may be made under subparagraph (A) MENT ASSISTANCE ADVISOR. tion 223 may elect to receive benefits under for any fiscal year shall not exceed 50 per- (a) IN GENERAL.—Subchapter A of chapter 2 the alternative trade adjustment assistance cent of the amount of trade readjustment al- of title II of the Trade Act of 1974 is amended program if the worker— lowances paid to workers during that fiscal by inserting after section 221, the following ‘‘(A) obtains reemployment not more than year.’’. new section: 26 weeks after the date of separation from (d) APPROVED TRAINING PROGRAMS.— ‘‘SEC. 221A. ESTABLISHMENT OF TRADE ADJUST- the adversely affected employment; (1) IN GENERAL.—Section 236(a)(5) of the MENT ASSISTANCE ADVISOR. ‘‘(B) is at least 40 years of age; Trade Act of 1974 (19 U.S.C. 2296(a)(5)) is ‘‘(a) IN GENERAL.—There is established in ‘‘(C) earns not more than $50,000 a year in amended— the Department of Labor an office to be wages from reemployment; (A) by striking ‘‘and’’ at the end of sub- known as the ‘Office of Trade Adjustment ‘‘(D) is employed on a full-time basis as de- paragraph (E); Assistance Advisor’ (in this section referred fined by State law in the State in which the (B) by redesignating subparagraph (F) as to as the ‘Office’). The Office shall be headed worker is employed; and subparagraph (H); and by a Director, who shall be responsible for ‘‘(E) does not return to the employment (C) by inserting after subparagraph (E) the providing assistance and advice to any per- from which the worker was separated.’’. following: son or entity described in section 221(a)(1) (b) CONFORMING AMENDMENTS.— ‘‘(F) integrated workforce training; desiring to file a petition for certification of (1) Subparagraphs (A) and (B) of section ‘‘(G) entrepreneurial training; and’’. eligibility under section 221. 246(a)(2) of the Trade Act of 1974 (19 U.S.C. (2) DEFINITION.—Section 247 of the Trade ‘‘(b) TECHNICAL ASSISTANCE.—The Director 2318(a)(2)) are amended by striking ‘‘para- Act of 1974 (19 U.S.C. 2319), as amended by shall coordinate with each agency respon- graph (3)(B)’’ and inserting ‘‘paragraph (3)’’ 102(c), is amended by adding at the end the sible for providing adjustment assistance each place it appears. following: under this chapter or chapter 6 (including (2) Section 246(b)(2) of such Act is amended ‘‘(19) The term ‘integrated workforce train- the Office of Trade Adjustment Assistance by striking ‘‘subsection (a)(3)(B)’’ and insert- ing’ means training that integrates occupa- established under section 255A) and shall ing ‘‘subsection (a)(3)’’. tional skills training with English language provide technical and legal assistance and (c) EXTENSION.—Section 246(b)(1) of such acquisition.’’. advice to enable persons or entities described Act is amended by striking ‘‘5 years’’ and in- SEC. 307. FUNDING FOR ADMINISTRATIVE COSTS. in section 221(a)(1) to prepare and file peti- serting ‘‘10 years’’. Section 241 of the Trade Act of 1974 (19 tions for certification under section 221.’’. SEC. 306. TRAINING. U.S.C. 2313) is amended by adding at the end (b) TECHNICAL AMENDMENT.—The table of (a) MODIFICATION OF ENROLLMENT DEAD- the following: contents for title II of the Trade Act of 1974 LINES.—Section 231(a)(5)(A)(ii) of the Trade ‘‘(d) Funds provided by the Secretary to a is amended by inserting after the item relat- Act of 1974 (19 U.S.C. 2291(a)(5)(A)(ii)) is State to cover administrative costs associ- ing to section 221, the following: amended— ated with the performance of a State’s re- ‘‘Sec. 221A. Establishment of Office of Trade (1) in subclause (I), by striking ‘‘16th sponsibilities under section 239 shall be suffi- Adjustment Assistance Advi- week’’ and inserting ‘‘26th week’’; and cient to cover all costs of the State associ- sor.’’. (2) in subclause (II), by striking ‘‘8th ated with operating the trade adjustment as- SEC. 303. OFFICE OF TRADE ADJUSTMENT AS- week’’ and inserting ‘‘20th week’’. sistance program, including case worker SISTANCE. (b) EXTENSION OF ALLOWANCE TO ACCOMMO- costs.’’. (a) IN GENERAL.—Chapter 3 of title II of the DATE TRAINING.—Section 233 of the Trade Act SEC. 308. AUTHORIZATION OF APPROPRIATIONS. Trade Act of 1974 (19 U.S.C. 2341 et seq.) is of 1974 (19 U.S.C. 2293), as amended by section (a) IN GENERAL.—Section 245(a) of the amended by inserting after section 255 the 301, is amended by adding at the end the fol- Trade Act of 1974 (19 U.S.C. 2317(a)) is amend- following: lowing: ed by striking ‘‘2007’’ and inserting ‘‘2012’’. ‘‘SEC. 255A. OFFICE OF TRADE ADJUSTMENT AS- ‘‘(i) EXTENSION OF ALLOWANCE.—Notwith- (b) FIRMS.—Section 256(b) of the Trade Act SISTANCE. standing any other provision of this section, of 1974 (19 U.S.C. 2346(b)) is amended by in- ‘‘(a) ESTABLISHMENT.—Not later than 90 a trade readjustment allowance may be paid serting ‘‘and $50,000,000 for each of fiscal days after the date of the enactment of the to a worker for a number of additional weeks years 2008 through 2012,’’ after ‘‘fiscal years Trade Adjustment Assistance Improvement equal to the number of weeks the worker’s 2003 through 2007,’’. Act of 2007, there shall be established in the enrollment in training was delayed beyond (c) TERMINATION.—Section 285 of the Trade International Trade Administration of the the deadline applicable under section Act of 1974 (19 U.S.C. 2271 note) is amended Department of Commerce an Office of Trade 231(a)(5)(A)(ii) pursuant to a waiver granted by striking ‘‘2007’’ each place it appears and Adjustment Assistance (in this section re- under section 231(c)(1)(E).’’. inserting ‘‘2012’’. ferred to as the ‘Office’). (c) FUNDING FOR TRAINING.—Section 236(a) (d) FARMERS.—Section 298(a) of the Trade UNCTIONS.—The Office shall assist ‘‘(b) F of the Trade Act of 1974 (19 U.S.C. 2296(a)) is Act of 1974 (19 U.S.C. 2401g(a)) is amended by the Secretary of Commerce in carrying out amended— striking ‘‘2007’’ and inserting ‘‘2012’’. the Secretary’s responsibilities under this (1) in paragraph (1) by striking ‘‘Upon such Subtitle B—Data Collection chapter. approval’’ and all that follows to the end; ‘‘(c) PERSONNEL.—The Office shall be head- and SEC. 311. SHORT TITLE. ed by a Director, and shall have such staff as (2) by amending paragraph (2) to read as This subtitle may be cited as the ‘‘Trade may be necessary to carry out the respon- follows: Adjustment Assistance Accountability Act’’. sibilities of the Secretary of Commerce de- ‘‘(2)(A) Upon approval of a training pro- SEC. 312. DATA COLLECTION; INFORMATION TO scribed in this chapter.’’. gram under paragraph (l), and subject to the WORKERS. (b) CONFORMING AMENDMENT.—The table of limitations imposed by this section, an ad- (a) DATA COLLECTION.—Subchapter C of contents for the Trade Act of 1974 is amended versely affected worker covered by a certifi- chapter 2 of title II of the Trade Act of 1974 by inserting after the item relating to sec- cation issued under section 223 shall be eligi- is amended by inserting after section 249, the tion 255, the following: ble to have payment of the costs of that following new section: ‘‘Sec. 255A. Office of Trade Adjustment As- training, including any costs of an approved ‘‘SEC. 250. DATA COLLECTION; REPORT. sistance.’’. training program incurred by a worker be- ‘‘(a) DATA COLLECTION.—The Secretary SEC. 304. CERTIFICATION OF SUBMISSIONS. fore a certification was issued under section shall, pursuant to regulations prescribed by Section 223 of the Trade Act of 1974 (19 223, made on behalf of the worker by the Sec- the Secretary, collect any data necessary to U.S.C. 2273), as amended by section 203, is retary directly or through a voucher system. meet the requirements of this chapter. The amended by adding at the end the following: ‘‘(B) Not later than 6 months after the date Secretary shall collect and publish, on an an- ‘‘(f) CERTIFICATION OF SUBMISSIONS.—If an of enactment of the Trade Adjustment As- nual basis, the following: employer submits a petition on behalf of a sistance Improvement Act of 2007, the Sec- ‘‘(1) The number of workers certified and group of workers pursuant to section retary shall develop, and submit to Congress the number of workers actually partici- 221(a)(1) or if the Secretary requests evidence for approval, a formula that provides work- pating in the trade adjustment assistance or information from an employer in order to ers with an individual entitlement for train- program. make a determination under this section, ing costs to be administered pursuant to sec- ‘‘(2) The time for processing petitions. the accuracy and completeness of any evi- tions 239 and 240. The formula shall take into ‘‘(3) The number of training waivers grant- dence or information submitted by the em- account— ed. ployer shall be certified by the employer’s ‘‘(i) the number of workers enrolled in ‘‘(4) The number of workers receiving bene- legal counsel or by an officer of the em- trade adjustment assistance; fits and the type of benefits being received. ployer.’’. ‘‘(ii) the duration of the assistance; ‘‘(5) The number of workers enrolled in, SEC. 305. WAGE INSURANCE. ‘‘(iii) the anticipated training costs for and the duration of, training by major types (a) IN GENERAL.—Section 246(a)(3) of the workers; and of training. Trade Act of 1974 (19 U.S.C. 2318(a)(3)) is ‘‘(iv) any other factors the Secretary ‘‘(6) Earnings history of workers that re- amended to read as follows: deems appropriate. flects wages before separation and wages in ‘‘(3) ELIGIBILITY.—A worker in a group that ‘‘(C) Until such time as Congress approves any job obtained after receiving benefits the Secretary has certified as eligible to the formula, the total amount of payments under this Act.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S125 ‘‘(7) Reemployment rates and sectors in (b) FISHERMEN.—Notwithstanding any gineers deliver a favorable feasibility which dislocated workers have been em- other provision of law, for purposes of chap- report by December 31 of that year. ployed. ter 2 of title II of the Trade Act of 1974 (19 The Corps eventually submitted its re- ‘‘(8) The cause of dislocation identified in U.S.C. 2271 et seq.) fishermen who harvest port more than a year late, causing the each petition that resulted in a certification wild stock shall be eligible for adjustment under this chapter. assistance to the same extent and in the authorization to expire despite the ‘‘(9) The number of petitions filed and same manner as a group of workers under Corps’ favorable recommendation. workers certified in each congressional dis- such chapter 2. Though repeated attempts have been trict of the United States. SEC. 322. ELIGIBILITY. made, Congress has been unable to de- ‘‘(b) STATE PARTICIPATION.—The Secretary (a) IN GENERAL.—Section 292(c)(1) of the liver a new WRDA bill since 2000. As a shall ensure, to the extent practicable, Trade Act of 1974 (19 U.S.C. 2401a(c)(1)) is result, vital hurricane protection for a through oversight and effective internal con- amended by striking ‘‘80 percent’’ and insert- portion of southeast Louisiana that the trol measures the following: ing ‘‘90 percent’’. Corps recommends after years of envi- ‘‘(1) STATE PARTICIPATION.—Participation (b) SPECIAL RULE FOR QUALIFIED SUBSE- ronmental and economic analysis is by each State in the collection of data re- QUENT YEARS.—Paragraph (2) of section quired under subsection (a) and shall provide 292(d) of the Trade Act of 1974 (19 U.S.C. awaiting congressional action, and an incentives for States to supplement employ- 2401A(d)(2)) is amended to read as follows: area of America’s gulf coast remains ment and wage data obtained through the ‘‘(2) imports of articles like or directly needlessly vulnerable. Notably, every use of unemployment insurance wage competitive with the agricultural com- failed WRDA bill that the Senate, the records. modity, or class of goods within the agricul- House, and its committees have sepa- ‘‘(2) MONITORING.—Monitoring by each tural commodity, produced by the group con- rately passed since 2000 has authorized State of internal control measures with re- tributed importantly to the decline in price the Morganza to the Gulf Hurricane spect to program measurement data col- determined under subsection (c)(1) without lected by each State. regard to whether imports of such articles Protection project. Simply stated, ‘‘(3) RESPONSE.—The quality and speed of increased in any year subsequent to the year there is no other item in WRDA that the rapid response provided by each State the group was first certified.’’. has been kicked down the road as many under section 134(a)(2)(A) of the Workforce (c) NET FARM INCOME.—Section 296(a)(1)(C) times as this. Investment Act of 1998 (29 U.S.C. of the Trade Act of 1974 (19 U.S.C. This bill that I introduce today fully 2864(a)(2)(A)). 2401e(a)(1)(C)) is amended by inserting before authorizes the Morganza to the Gulf ‘‘(c) REPORT.— the end period the following: ‘‘or the pro- project in accordance with the plans ‘‘(1) ANNUAL REPORT.—Not later than 1 ducer had no positive net farm income for and subject to the conditions of the year after the date of enactment of this Act, the 2 most recent consecutive years in which and annually thereafter, the Secretary shall no adjustment assistance was received by Corps’ report. submit to the Committee on Finance of the the producer under this chapter’’. I urge my colleagues to support this Senate and the Committee on Ways and legislation and ask unanimous consent Means of the House of Representatives and By Ms. LANDRIEU: that a copy of my statement and the make available to each State and to the pub- S. 123. A bill to authorize the project bill appear in the RECORD. lic a report that includes the information for hurricane and storm damage reduc- There being no objection, the text of collected under this section.’’. tion, Morganza to the Gulf of Mexico, the bill was ordered to be printed in (b) CONFORMING AMENDMENTS.— Louisiana; to the Committee on Envi- the RECORD, as follows: (1) COORDINATION.—Section 281 of the Trade Act of 1974 (19 U.S.C. 2392) is amended by ronment and Public Works. S. 123 striking ‘‘Departments of Labor and Com- Ms. LANDRIEU. Mr. President, Hur- Be it enacted by the Senate and House of Rep- merce’’ and inserting ‘‘Departments of ricanes Katrina and Rita revealed the resentatives of the United States of America in Labor, Commerce, and Agriculture’’. Gulf Coast’s vulnerability to storms Congress assembled, (2) TRADE MONITORING SYSTEM.—Section 282 and flooding. With the help of generous SECTION 1. MORGANZA TO THE GULF OF MEXICO of the Trade Act of 1974 (19 U.S.C. 2393) is Americans, the people of the gulf coast PROJECT. amended by striking ‘‘The Secretary of Com- (a) IN GENERAL.—The Secretary of the have been working hard over the last Army shall carry out the project for hurri- merce and the Secretary of Labor’’ and in- year and a half to rebuild their econ- serting ‘‘The Secretaries of Commerce, cane and storm damage reduction, Morganza Labor, and Agriculture’’. omy, their communities, and their to the Gulf of Mexico, Louisiana, substan- (3) TABLE OF CONTENTS.—The table of con- lives. tially in accordance with the plans, and sub- tents for title II of the Trade Act of 1974 is Since these devastating storms ject to the conditions, described in the Re- amended by inserting after the item relating struck in 2005, Congress directed the ports of the Chief of Engineers dated August to section 249, the following new item: U.S. Army Corps of Engineers to better 23, 2002, and July 22, 2003, at a total cost of $886,700,000, with an estimated Federal cost ‘‘Sec. 250. Data collection; report.’’. protect America’s gulf coast. Yet of $576,355,000 and an estimated non-Federal (c) EFFECTIVE DATE.—The amendments Congress’s failure to pass a Water Re- cost of $310,345,000. made by this section shall take effect on the sources Development Act WRDA, has (b) CREDIT.—The Secretary shall credit to- date that is 60 days after the date of enact- delayed much of the needed protection. ward the non-Federal share of the cost of the ment of this Act. Of all of the many worthy projects project elements the cost of design and con- SEC. 313. DETERMINATIONS BY THE SECRETARY throughout the Nation awaiting WRDA struction work carried out by the non-Fed- OF LABOR. passage, there is one hurricane protec- eral interest before the date of the partner- Section 223(c) of the Trade Act of 1974 (19 ship agreement for the project elements if U.S.C. 2273(c)) is amended to read as follows: tion project that stands out and cries for immediate congressional authoriza- the Secretary determines that the work is ‘‘(c) PUBLICATION OF DETERMINATIONS.— integral to the project elements. Upon reaching a determination on a petition, tion with or without a WRDA bill. Ac- (c) OPERATIONS AND MAINTENANCE.—The the Secretary shall— cordingly, I am introducing legislation operation, maintenance, repair, rehabilita- ‘‘(1) promptly publish a summary of the de- to singularly authorize this long over- tion, and replacement of the Houma Naviga- termination in the Federal Register together due project known as ‘‘Morganza to the tion Canal lock complex and the Gulf Intra- with the Secretary’s reasons for making coastal Waterway floodgate features of the such determination; and Gulf of Mexico Hurricane Protection.’’ This project includes a series of lev- project described in subsection (a) that pro- ‘‘(2) make the full text of the determina- vide for inland waterway transportation tion available to the public on the Internet ees, locks and other systems through Terrebonne and Lafourche Parishes in shall be a Federal responsibility, in accord- website of the Department of Labor with ance with section 102 of the Water Resources full-text searchability.’’. Louisiana. When complete, the Development Act of 1986 (33 U.S.C. 2212). Subtitle C—Trade Adjustment Assistance for Morganza to the Gulf project will pro- Farmers tect about 120,000 people and 1,700 By Mr. ALLARD: SEC. 321. CLARIFICATION OF MARKETING YEAR square miles of land against storm S. 124. A bill to provide certain coun- AND OTHER PROVISIONS. surges such as those caused by Hurri- ties with the ability to receive tele- (a) IN GENERAL.—Section 291(5) of the canes Katrina and Rita. vision broadcast signals of their choice; Trade Act of 1974 (19 U.S.C. 2401(5)) is amend- The Morganza to the Gulf project is to the Committee on Commerce, ed by inserting before the end period the fol- distinguishable from all other projects lowing: ‘‘, or in the case of an agricultural Science, and Transportation. commodity that has no officially designated awaiting WRDA passage because it was Mr. ALLARD. Mr. President, another marketing year, in a 12-month period for originally authorized in the last en- piece of legislation that I am intro- which the petitioner provides written re- acted WRDA bill in 2000, with the re- ducing today addresses an issue impor- quest’’. quirement that the Army Corps of En- tant to citizens of southern Colorado.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S126 CONGRESSIONAL RECORD — SENATE January 4, 2007 The problem is this: cable and satellite who occupied this area for over 700 Government and by private corpora- subscribers in two southern Colorado years, from 600 A.D. to 1300 A.D. tions. The study will also examine in- counties are forced by current law to dustry movement toward energy effi- receive New Mexico television stations. By Mr. ALLARD (for himself and cient microchips and computer servers, Lately, I hear almost every day from Mr. SALAZAR): potential cost savings associated with my constituents that they would prefer S. 127. A bill to amend the Great the movement to more efficient ma- to receive Colorado television over New Sand Dunes National Park and Pre- chines and what, if any, impacts to per- Mexico television. serve Act of 2000 to explain the purpose formance come with increased effi- The problem stems from the fact that and provide for the administration of ciency. The results of the study will these two Colorado counties are lo- the Baca National Wildlife Refuge; to allow us to more fully understand the cated in the Albuquerque designated the Committee on Energy and Natural impact that the growing number of market area, as determined by Nielsen Resources. computers in use throughout the coun- Mr. ALLARD. Mr. President, the Media Research. As a matter of fair- try has on energy consumption. This Baca National Wildlife Refuge Purpose ness, citizens of Colorado should be eli- information will better position Con- bill will give the U.S. Fish and Wildlife gible to receive Colorado TV. Con- gress to make recommendations to Service management tools that will sumers should choose which television Federal agencies on their energy use allow the agency to run the Baca Na- stations they receive, especially since and computer selection. tional Wildlife Refuge in a way that they are the ones paying for it. It will also provide private industry achieves the most beneficial use of this The bill I am introducing does just with information that will allow them wonderful natural resource. The Baca that. It makes a commonsense change to choose computer models that will National Wildlife Refuge consists of to the law that allows citizens of La decrease their energy consumption, 92,500 acres of wetlands, sage brush, Plata and Montezuma Counties to re- making their companies more efficient and riparian lands adjacent to the ceive television stations from Denver, and profitable. Great Sand Dunes National Park in not Albuquerque. southern Colorado. I, along with my By Mr. ALLARD (for himself and I hope that my colleagues will join former colleague from Colorado’s 3rd Mr. SALAZAR): me in supporting this bill that is near- Congressional District, U.S. Represent- S. 130. A bill to amend title XVIII of ly identical to laws enacted in previous ative Scott McInnis, sponsored the leg- the Social Security Act to extend rea- Congresses that addressed similar prob- islation that converted the Sand Dunes sonable cost contracts under Medicare; lems in other States. from a monument to a park. This legis- to the Committee on Finance. Mr. ALLARD. Mr. President, cur- By Mr. ALLARD: lation also authorized the Federal ac- quisition of the Baca Ranch lands and rently American seniors enjoy Medi- S. 125. A bill to establish the Granada care health plans called cost contracts. Relocation Center National Historic I remain actively interested in the area’s management. Under legislation I am introducing Site as an affiliated unit of the Na- today, seniors will be able to continue tional Park System; to the Committee By Mr. ALLARD (for himself and utilizing these valued health plans. on Energy and Natural Resources. Mr. SALAZAR): Medicare cost contract plans are Mr. ALLARD. Mr. President, I am in- S. 128. A bill to amend the Cache La vital to America. Cost contracts pro- troducing a bill dealing with the Gra- Poudre River Corridor Act to designate vide Medicare beneficiaries in many nada Relocation Camp, also known as a new management entity, make cer- rural areas and small cities throughout Camp Amache. It played an important, tain technical and conforming amend- our country with an affordable, high- but sad, part in United States history. ments, enhance private property pro- quality option to the traditional Medi- Camp Amache, one of 10 internment tections, and for other purposes; to the care fee-for-service plan. For many of camps in the Nation, was established in Committee on Energy and Natural Re- these beneficiaries, Medicare Advan- August 1942 by the U.S. Government sources. tage plans do not provide access to during World War II as a place to house Mr. ALLARD. Mr. President, I am in- physicians in the community. the Japanese from the west coast and troducing legislation which will extend Medicare cost contracts are managed was closed on August 15, 1945. This is a congressional authorization for the care plans that are reimbursed on a significant part of American history Cache la Poudre Heritage Area in cost basis for providing health services. and it should be preserved. My bill northern Colorado and will give local Under current law, cost contracts are today will designate the Granada Relo- citizens greater management authority one option for Medicare beneficiaries. cation Camp as a national historic site over the area. Under the original legis- Cost contract premiums cover Medi- in Colorado. lation, authored by former Colorado. care deductibles and additional bene- Senator Hank Brown, the Secretary of fits not covered by basic Medicare. By Mr. ALLARD (for himself and Interior was to appoint a commission Further, for the costs of a normal Mr. SALAZAR): to work with the National Park Serv- Medicare fee-for-service copayment, S. 126. A bill to modify the boundary ice and manage the area, but because seniors with cost contracts can use any of Mesa Verde National Park, and for of a technicality, the Secretary was Medicare provider regardless of wheth- other purposes; to the Committee on unable to appoint the commission. In er they participate in the health plans Energy and Natural Resources. response, local citizens stepped up and network. This is critical in rural areas Mr. ALLARD. Mr. President, another formed the Poudre Heritage Alliance to where physicians are scarce. piece of legislation I am introducing support the Heritage Area until an offi- Cost contracts are vital to seniors today will authorize the expansion of cial commission could be named. This who have them. From New York to Or- the boundary of Mesa Verde National legislation would rectify this, and em- egon, and even to Hawaii, America’s Park. The boundary adjustment will power local residents to continue the seniors are enrolled in cost contract allow for the incorporation of 324 acres work they have been doing on behalf of plans. Cost contracts are especially im- of land owned by the Henneman family, the heritage area. portant in rural Colorado. Of the Colo- which is being purchased by the Con- radans with cost contract plans, 89 per- servation Fund for conveyance to the By Mr. ALLARD: cent live in rural Colorado, where few park, as well as a 38-acre parcel that S. 129. A bill to study and promote physicians will see patients under will be donated to the park by the the use of energy-efficient computer straight Medicare or Medicare Advan- Mesa Verde Foundation. servers in the United States; to the tage. Mesa Verde National Park protects Committee on Energy and Natural Re- Many beneficiaries who are enrolled some of the best preserved and most sources. in Medicare cost contract plans live on notable archeological sites in the Mr. ALLARD. Mr. President, I am in- limited incomes. Under the traditional world. There are over 4,000 known ar- troducing a bill that will authorize the Medicare program, beneficiaries incur cheological sites in the park, including EPA to conduct a study of the growth considerable out-of-pocket expenses. In 600 cliff dwellings. These sites were in energy consumption by computer addition, Medicare supplemental insur- constructed by ancestral Puebloans, data centers operated by the Federal ers frequently age-adjust premiums
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S127 and either refuse coverage or impose number of claims against FHA, in addi- ficked into the United States by estab- coverage restrictions for pre-existing tion to many tenant displacements. lishing stricter penalties for meth of- conditions. Medicare cost contract Clearly, no one finds this a desirable fenders, improving coordination with plans provide an affordable alternative. scenario. Failure to extend the Mark- foreign law enforcement officials, and Unfortunately, under current law to-Market Program would be bad for examining the serious meth problems cost contracts soon will terminate. tenants and bad for taxpayers. Thus, I faced by Indian reservations. I believe Congress should work to ex- am pleased to join with Senator REED The Methamphetamine Trafficking tend Medicare cost contracts further. of Rhode Island in reintroducing the Enforcement Act of 2007 that I am in- My bill, the Medicare Cost Contract Mark-to-Market Extension Act of 2007. troducing today is a first step to fight- Extension and Refinement Act of 2007, Our bill would extend the program for ing the trafficking of this drug. My bill would accomplish this by extending by 5 additional years to allow the remain- addresses the distribution issue by dra- five years the cost contract sunset date ing properties to go through the Mark- matically lowering the quantity and of December 31, 2007, to December 31, to-Market process. Frankly, I can see dollar amount thresholds for federal 2012. no downside to extending the program; criminal prosecution of leaders of Cost contracts have been a bipartisan It maintains affordable housing for less methamphetamine distribution rings. issue, with bipartisan support in the money. The trafficking of meth across our past. Senator Wyden of Oregon worked I am pleased to work with industry borders makes Federal action nec- essary, but this is not our war to fight to get an extension for cost contracts groups and with my colleagues to see alone. This bill also presses upon the in the 109th Congress, and I look for- that this very worthwhile program is United States Trade Representative, ward to working with him again during extended for an additional 5 years. the Secretary of State, the Attorney the 110th. By Mr. ALLARD: General, and the Secretary of Home- By Mr. ALLARD (for himself and S. 132. A bill to end the trafficking of land Security to include new ways to Mr. REED): methamphetamines and precursor curb the illicit use and shipment of S. 131. A bill to extend for 5 years the chemicals across the United States and pseudoephedrine, ephedrine, and simi- Mark-to-Market program of the De- its borders; to the Committee on the lar chemicals in multilateral and bilat- partment of Housing and Urban Devel- Judiciary. eral negotiations. Federal law enforce- opment; to the Committee on Banking, Mr. ALLARD. Mr. President, the first ment officials will collaborate with Housing, and Urban Affairs. bill I present today is to address one of their foreign counterparts to fight meth internationally. Working to- Mr. ALLARD. Mr. President, I turn the biggest current scourges of our gether, we can find a long term solu- now to the issue of housing. Congress citizens—methamphetamine abuse. tion. created the Mark-to-Market Program Just this week, a report published by According to the U.S. Department of in 1997 to reduce Section 8 costs while Colorado’s Meth Task Force cited Den- Justice, the use, production and dis- preserving the affordability and avail- ver as a major distribution center for tribution of meth on Indian lands has ability of low-income rental housing. meth in the U.S. increased in the past decade. With lim- The purpose of the program is to re- Our Nation has been hard hit by the ited numbers of tribal law enforcement duce the property rents to market level illegal trafficking of meth across U.S. officials, meth can easily flow into and while simultaneously restructuring borders. This is a national issue that is be trafficked out of many Indian res- property debt to prevent FHA defaults. growing at a rate that constantly pre- ervations. This bill urges the Attorney Studies seem to show that the pro- sents a challenge to our talented law General to research and report to Con- gram has been an overwhelming suc- enforcement officials. Through our gress the challenges faced by all Indian cess. Nearly 250,000 units of affordable work on the Combat Meth Act, we have reservations and make recommenda- housing have been preserved due to the provided them with many tools to fight tions to help them address meth traf- Mark-to-Market Program. This is af- the domestic production of meth. We ficking and abuse. fordable housing that would have been are now called upon to respond to the We must recognize the immediacy of permanently lost as affordable other- issue of foreign produced meth as it the issue of methamphetamine traf- wise. According to HUD, the program presents a growing threat to the U.S. ficking. It is important that we protect has also saved taxpayers more than $2 In just 10 years, meth has become the U.S. and its borders to ensure na- billion. America’s worst drug problem—worse tional security and the safety of our The original legislation authorized than marijuana, cocaine or heroin. My communities. I look forward to work- the Mark-to-Market Program for 4 home state of Colorado, like the rest of ing with my colleagues on this issue years, which was subsequently ex- the Nation, faces challenges associated and invite them to cosponsor the Meth- tended for 5 additional years. There- with the growing epidemic. Although amphetamine Trafficking Enforcement fore, the Mark-to-Market program au- the number of meth labs in the state is Act of 2007. thority was scheduled to expire on Sep- on the decline, meth distribution re- tember 30, 2006. Fortunately, the pro- mains rampant because of Denver’s lo- By Mr. OBAMA (for himself, Mr. gram authority was temporarily ex- cation at the intersection of two major LUGAR, and Mr. HARKIN): S. 133. A bill to promote the national tended under the continuing resolu- interstate highways, both of which security and stability of the economy tions. serve as pipelines for the distribution of the United States by reducing the When the program was extended in of meth after it enters our country. dependence of the United States on oil 2001, it appeared that 5 additional years This evidence is echoed by the many through the use of alternative fuels would be sufficient time for nearly all local drug task forces, law enforcement and new technology, and for other pur- eligible properties to complete the officials, and District Attorneys who poses; to the Committee on Finance. Mark-to-Market process. However, are tasked with tackling meth within Mr. OBAMA. Mr. President, in 2005, more recent projections show that our communities and who I have Congress enacted the Renewable Fuels nearly 78,000 properties will face rent worked with on this issue. Standard, RFS, as part of the Energy reductions over the next 5 years. According to estimates from the Policy Act. The RFS is a commitment It is important to note that even DEA, an alarming 80 percent of the by the United States government that, though the program will expire, these meth used in the United States comes henceforth, ethanol must comprise a Section 8 properties with above market from larger labs, increasingly abroad, substantial part of the national vehicle rates will still be required to have their while only 20 percent of the meth con- fuel supply, with a goal of 7.5 billion rents reduced to market levels. With- sumed in this country comes from gallons of ethanol in our gasoline by out the proper tools to also restructure small laboratories. 2012. the debt, many owners will lack suffi- Therefore, I propose that we improve Ethanol production has responded cient funds for property maintenance efforts to curb the flow of meth both vigorously to this national policy. In or mortgage payments. Because many within and across our borders. We must fact, in only two years, ethanol produc- Section 8 properties are also FHA in- take steps to expand enforcement to tion has boomed to where it now far ex- sured, this will result in a significant reduce the amount of meth being traf- ceeds the RFS target for this year. It is
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S128 CONGRESSIONAL RECORD — SENATE January 4, 2007 widely anticipated that ethanol pro- biofuels. This bill also gives franchisers Sec. 11. Purchase of clean fuel buses. duction will surpass the target for the the power to sue oil companies for im- Sec. 12. Domestic fuel production volumes year 2012 by the end of this year, five posing any restrictions. to meet Department of Defense needs. years early. And to expand consumption, the Sec. 13. Federal fleet energy conservation Clearly, it is time to increase the American Fuels Act encourages the improvement. RFS targets. I am pleased to be an manufacture of more vehicles that can SEC. 2. OFFICE OF ENERGY SECURITY. original cosponsor of the bill intro- function on higher ethanol blends like (a) DEFINITIONS.—In this section: duced today by my colleagues, Senator E–85 so that more passenger cars to be (1) DIRECTOR.—The term ‘‘Director’’ means HARKIN and Senator LUGAR, that will flexible fuel vehicles. We provide a $100 the Director of Energy Security appointed increase those targets to 30 billion gal- tax credit to automakers for each eth- under subsection (c)(1). lons by the year 2020 and 60 billion gal- (2) OFFICE.—The term ‘‘Office’’ means the anol-capable vehicle produced beyond Office of Energy Security established by sub- lons by the year 2030. I hope my col- the CAFE credit or any other govern- section (b). leagues will support the provisions of ment requirement. We require that 100 (b) ESTABLISHMENT.—There is established that bill. percent of the Federal fleet must be in the Executive Office of the President the But for an expanded RFS to be suc- ethanol-capable or hybrids in the next Office of Energy Security. cessful, we must lay further ground- 7 years. And we require that any public (c) DIRECTOR.— work. We cannot meet the targets and (1) IN GENERAL.—The Office shall be headed transit agency that uses Federal dol- by a Director, who shall be appointed by the deadlines of an expanded RFS without lars to upgrade bus fleets must pur- President, by and with the advice and con- a robust package of policies that set chase an alternative fuel bus, or pledge sent of the Senate. the stage for the next decade. to use alternative fuels in those buses. (2) RATE OF PAY.—The Director shall be So far, we’ve met our biofuels goals To oversee these efforts, we create a paid at a rate of pay equal to level I of the by producing ethanol made from sugars Director of Energy Security in the Of- Executive Schedule under section 5312 of that come from corn. This approach, by fice of the President to ensure that our title 5, United States Code. itself, has been profoundly successful (d) RESPONSIBILITIES.— massive investment in domestically (1) IN GENERAL.—The Office, acting through in many rural communities but will produced fuels get the national secu- the Director, shall be responsible for over- eventually reach its maximum capac- rity leadership and coordination it re- seeing all Federal energy security programs, ity. While that day is still several quires. including the coordination of efforts of Fed- years away, we must begin prepara- Our dependence on oil is hurting our eral agencies to assist the United States in tions now. We must build upon our cur- economy and jeopardizing our national achieving full energy independence. rent path. We must continue our pur- security by keeping us tied to the (2) SPECIFIC RESPONSIBILITIES.—In carrying suit in cracking the code for corn world’s most dangerous and unstable out paragraph (1), the Director shall— cellulosics. We must pour the founda- (A) serve as head of the energy community; regimes. It’s the fossil fuels we insist (B) act as the principal advisor to the tion for the next generation of biofuels on burning—particularly oil—that are President, the National Security Council, made from the broadest range of agri- the single greatest cause of climate the National Economic Council, the Domes- culture feedstocks. Our vocabulary change and the damaging weather pat- tic Policy Council, and the Homeland Secu- must expand to cellulosics and biobut- terns that have been its result. Never rity Council with respect to intelligence anols, manure and miscanthus. has the failure to take on a single chal- matters relating to energy security; The American Fuels Act, which I in- lenge so detrimentally affected nearly (C) with request to budget requests and ap- troduce today, breathes life into an ex- every aspect of our well-being as Na- propriations for Federal programs relating to energy security— panded RFS. The American Fuels Act tion. And never have the possible solu- is the heart, the centerpiece, the key (i) consult with the President and the Di- tions had the potential to do so much rector of the Office of Management and to ensuring that an expanded RFS is good for so many generations to come. Budget with respect to each major Federal successful. That’s why I am pleased to That’s why I urge my colleagues to budgetary decision relating to energy secu- be joined today by my esteemed col- join us in cosponsoring the American rity of the United States; leagues, Senator LUGAR and Senator Fuels Act. I ask for their support, and (ii) based on priorities established by the HARKIN, in the introduction of this bill. for the swift enactment of this bill. I President, provide to the heads of depart- The premise of the American Fuels ask unanimous consent that the text of ments containing agencies or organizations Act is to create a ‘‘Biofuels Triangle’’ within the energy community, and to the the American Fuels Act be printed in heads of such agencies and organizations, that focuses on (1). production, (2). dis- the RECORD. tribution, and (3) consumption. guidance for use in developing the budget for There being no objection, the text of Federal programs relating to energy secu- To expand production, we create an the bill was ordered to be printed in rity; ‘‘Alternative Diesel Standard’’ for die- the RECORD, as follows: (iii) based on budget proposals provided to sels that complements the RFS for gas- S. 133 the Director by the heads of agencies and or- oline. The Alternative Diesel Standard ganizations described in clause (ii), develop requires 2 billion gallons of alternative Be it enacted by the Senate and House of Rep- and determine an annual consolidated budg- resentatives of the United States of America in diesels into the 40 billion gallon domes- et for Federal programs relating to energy Congress assembled, security; and tic diesel supply by the year 2016, en- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. couraging greater use of biofuel feed- (iv) present the consolidated budget, to- (a) SHORT TITLE.—This Act may be cited as gether with any recommendations of the Di- stocks like vegetable oils, animal fats, the ‘‘American Fuels Act of 2007’’. rector and any heads of agencies and organi- coal-to-liquids, manure, and municipal (b) TABLE OF CONTENTS.—The table of con- zations described in clause (ii), to the Presi- waste. We call for the establishment of tents for this Act is as follows: dent for approval; a cellulosic biomass fuels credit of an Sec. 1. Short title; table of contents. (D) establish and meet regularly with a additional 76.5 cents per gallon so that Sec. 2. Office of Energy Security. council of business and labor leaders to de- first-generation cellulosic plants can Sec. 3. Credit for production of qualified velop and provide to the President and Con- be built to meet the 250 million gallon flexible fuel motor vehicles. gress recommendations relating to the im- production goals by 2012. Sec. 4. Incentives for the retail sale of alter- pact of energy supply and prices on economic native fuels as motor vehicle To expand distribution, the American growth; fuel. (E) submit to Congress an annual report Fuels Act provides a tax credit for eth- Sec. 5. Freedom for fuel franchisers. that describes the progress of the United anol producers to invest in on-site Sec. 6. Alternative diesel fuel content of die- States toward the goal of achieving full en- blending equipment, bypassing oil re- sel. ergy independence; and fineries so that E–85 can be transported Sec. 7. Excise tax credit for production of (F) carry out such other responsibilities as directly to the pump at your local gas cellulosic biomass ethanol. the President may assign. station. Our bill also provides freedom Sec. 8. Incentive for Federal and State fleets (e) STAFF.— for fuel franchisers by making it illegal for medium and heavy duty hy- (1) IN GENERAL.—The Director may, with- brids. out regard to the civil service laws (includ- for oil companies to stop their branded Sec. 9. Credit for qualifying ethanol blend- ing regulations), appoint and terminate such franchises from selling biofuels should ing and processing equipment. personnel as are necessary to enable the Di- these local businessmen wish to re- Sec. 10. Public access to Federal alternative rector to carry out the responsibilities of the spond to their customer’s request for refueling stations. Director under this section.
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(2) COMPENSATION.— ‘‘(4) NO DOUBLE BENEFIT.—The amount of ‘‘SEC. 40B. CREDIT FOR RETAIL SALE OF ALTER- (A) IN GENERAL.—Except as provided in any deduction or credit allowable under this NATIVE FUELS AS MOTOR VEHICLE subparagraph (B), the Director may fix the chapter (other than the credits allowable FUEL. compensation of personnel without regard to under this section and section 30B) shall be ‘‘(a) GENERAL RULE.—The alternative fuel the provisions of chapter 51 and subchapter reduced by the amount of credit allowed retail sales credit for any taxable year is the III of chapter 53 of title 5, United States under subsection (a) for such vehicle for the applicable amount for each gallon of alter- Code, relating to classification of positions taxable year. native fuel sold at retail by the taxpayer and General Schedule pay rates. ‘‘(5) ELECTION NOT TO TAKE CREDIT.—No during such year. (B) MAXIMUM RATE OF PAY.—The rate of credit shall be allowed under subsection (a) ‘‘(b) APPLICABLE AMOUNT.—For purposes of pay for the personnel appointed by the Direc- for any vehicle if the taxpayer elects to not this section, the applicable amount shall be tor shall not exceed the rate payable for have this section apply to such vehicle. determined in accordance with the following level V of the Executive Schedule under sec- ‘‘(6) TERMINATION.—This section shall not table: tion 5316 of title 5, United States Code. apply to any vehicle produced after Decem- ‘‘In the case of any The applicable (f) AUTHORIZATION OF APPROPRIATIONS.— ber 31, 2011. sale: amount There are authorized to be appropriated such ‘‘(7) CROSS REFERENCE.—For an election to for each gallon is:Before 201035 sums as are necessary to carry out this sec- claim certain minimum tax credits in lieu of Before 2010 ...... 35 cents tion. the credit determined under this section, see During 2010 or 2011 ...... 20 cents SEC. 3. CREDIT FOR PRODUCTION OF QUALIFIED section 53(e).’’. During 2012 ...... 10 cents. FLEXIBLE FUEL MOTOR VEHICLES. (b) CREDIT ALLOWED AGAINST THE ALTER- ‘‘(c) DEFINITIONS.—For purposes of this sec- (a) IN GENERAL.—Subpart D of part IV of NATIVE MINIMUM TAX.—Section 38(c)(4)(B) of tion— subchapter A of chapter 1 of the Internal the Internal Revenue Code of 1986 (defining ‘‘(1) ALTERNATIVE FUEL.—The term ‘alter- Revenue Code of 1986 is amended by adding specified credits) is amended by striking the native fuel’ means any fuel at least 85 per- at the end the following new section: period at the end of clause (ii)(II) and insert- cent (or another percentage of not less than ‘‘SEC. 45O. PRODUCTION OF QUALIFIED FLEXI- ing ‘‘, and’’, and by adding at the end the fol- 70 percent, as the Secretary may determine, BLE FUEL MOTOR VEHICLES. lowing new clause: by rule, to provide for requirements relating ‘‘(a) ALLOWANCE OF CREDIT.—For purposes ‘‘(iii) the credit determined under section to cold start, safety, or vehicle functions) of of section 38, in the case of a manufacturer, 45O.’’. the volume of which consists of ethanol. the qualified flexible fuel motor vehicle pro- (c) ELECTION TO USE ADDITIONAL AMT ‘‘(2) SOLD AT RETAIL.— duction credit determined under this section CREDIT.—Section 53 of the Internal Revenue ‘‘(A) IN GENERAL.—The term ‘sold at retail’ for any taxable year is an amount equal to Code of 1986 (relating to credit for prior year means the sale, for a purpose other than re- the incremental flexible fuel motor vehicle minimum tax liability) is amended by adding sale, after manufacture, production, or im- cost for each qualified flexible fuel motor ve- portation. hicle produced in the United States by the at the end the following new subsection: ‘‘(e) ADDITIONAL CREDIT IN LIEU OF FLEXI- ‘‘(B) USE TREATED AS SALE.—If any person manufacturer during the taxable year. uses alternative fuel (including any use after ‘‘(b) INCREMENTAL FLEXIBLE FUEL MOTOR BLE FUEL MOTOR VEHICLE CREDIT.— importation) as a fuel to propel any qualified VEHICLE COST.—With respect to any qualified ‘‘(1) IN GENERAL.—In the case of a taxpayer alternative fuel motor vehicle (as defined in flexible fuel motor vehicle, the incremental making an election under this subsection for this section) before such fuel is sold at retail, flexible fuel motor vehicle cost is an amount a taxable year, the amount otherwise deter- then such use shall be treated in the same equal to the lesser of— mined under subsection (c) shall be increased manner as if such fuel were sold at retail as ‘‘(1) the excess of— by any amount of the credit determined a fuel to propel such a vehicle by such per- ‘‘(A) the cost of producing such qualified under section 45O for such taxable year son. flexible fuel motor vehicle, over which the taxpayer elects not to claim pur- ‘‘(3) QUALIFIED ALTERNATIVE FUEL MOTOR ‘‘(B) the cost of producing such motor vehi- suant to such election. VEHICLE.—The term ‘new qualified alter- cle if such motor vehicle was not a qualified ‘‘(2) ELECTION.—A taxpayer may make an native fuel motor vehicle’ means any motor flexible fuel motor vehicle, or election for any taxable year not to claim vehicle— ‘‘(2) $100. any amount of the credit allowable under ‘‘(c) QUALIFIED FLEXIBLE FUEL MOTOR VE- section 45O with respect to property pro- ‘‘(A) which is capable of operating on an al- HICLE.—For purposes of this section, the duced by the taxpayer during such taxable ternative fuel, term ‘qualified flexible fuel motor vehicle’ year. An election under this subsection may ‘‘(B) the original use of which commences means a flexible fuel motor vehicle— only be revoked with the consent of the Sec- with the taxpayer, ‘‘(1) the production of which is not required retary. ‘‘(C) which is acquired by the taxpayer for for the manufacturer to meet— ‘‘(3) CREDIT REFUNDABLE.—The aggregate use or lease, but not for resale, and ‘‘(A) the maximum credit allowable for ve- increase in the credit allowed by this section ‘‘(D) which is made by a manufacturer. hicles described in paragraph (2) in deter- for any taxable year by reason of this sub- ‘‘(d) ELECTION TO PASS CREDIT.—A person mining the fleet average fuel economy re- section shall for purposes of this title (other which sells alternative fuel at retail may quirements (as determined under section than subsection (b)(2) of this section) be elect to pass the credit allowable under this 32904 of title 49, United States Code) of the treated as a credit allowed to the taxpayer section to the purchaser of such fuel or, in manufacturer for the model year ending in under subpart C.’’. the event the purchaser is a tax-exempt enti- the taxable year, or (d) CONFORMING AMENDMENTS.—Section ty or otherwise declines to accept such cred- ‘‘(B) the requirements of any other provi- 38(b) of the Internal Revenue Code of 1986 is it, to the person which supplied such fuel, sion of Federal law, and amended by striking ‘‘plus’’ at the end of under rules established by the Secretary. ‘‘(2) which is designed so that the vehicle is paragraph (30), by striking the period at the ‘‘(e) PASS-THRU IN THE CASE OF ESTATES propelled by an engine which can use as a end of paragraph (31) and inserting ‘‘, plus’’, AND TRUSTS.—Under regulations prescribed fuel a gasoline mixture of which 85 percent and by adding at the end the following new by the Secretary, rules similar to the rules (or another percentage of not less than 70 paragraph: of subsection (d) of section 52 shall apply. percent, as the Secretary may determine, by ‘‘(32) the qualified flexible fuel motor vehi- ‘‘(f) TERMINATION.—This section shall not rule, to provide for requirements relating to cle production credit determined under sec- apply to any fuel sold at retail after Decem- cold start, safety, or vehicle functions) of the tion 45N, plus’’. ber 31, 2012.’’. (b) CREDIT TREATED AS BUSINESS CREDIT.— volume of consists of ethanol. (e) CLERICAL AMENDMENT.—The table of ‘‘(d) OTHER DEFINITIONS AND SPECIAL sections for subpart D of part IV of sub- Section 38(b) of the Internal Revenue Code of RULES.—For purposes of this section— chapter A of chapter 1 of the Internal Rev- 1986 (relating to current year business cred- ‘‘(1) MOTOR VEHICLE.—The term ‘motor ve- enue Code of 1986 is amended by adding at it), as amended by section 4(d), is amended hicle’ has the meaning given such term by the end the following new item: by striking ‘‘plus’’ at the end of paragraph section 30(c)(2). (31), by striking the period at the end of ‘‘Sec. 45O. Production of qualified flexible ‘‘(2) MANUFACTURER.—The term ‘manufac- paragraph (32) and inserting ‘‘, plus’’, and by fuel motor vehicles.’’. turer’ has the meaning given such term in adding at the end the following new para- regulations prescribed by the Administrator (f) EFFECTIVE DATE.—The amendments graph: of the Environmental Protection Agency for made by this section shall apply to motor ve- ‘‘(33) the alternative fuel retail sales credit purposes of the administration of title II of hicles produced in model years ending after determined under section 40B(a).’’. the Clean Air Act (42 U.S.C. 7521 et seq.). the date of the enactment of this Act. (c) CLERICAL AMENDMENT.—The table of ‘‘(3) REDUCTION IN BASIS.—For purposes of SEC. 4. INCENTIVES FOR THE RETAIL SALE OF sections for subpart D of part IV of sub- this subtitle, if a credit is allowed under this ALTERNATIVE FUELS AS MOTOR VE- chapter A of chapter 1 of the Internal Rev- section for any expenditure with respect to HICLE FUEL. enue Code of 1986 is amended by inserting any property, the increase in the basis of (a) IN GENERAL.—Subpart D of part IV of after the item relating to section 40A the fol- such property which would (but for this subchapter A of chapter 1 of the Internal lowing new item: paragraph) result from such expenditure Revenue Code of 1986 (relating to business re- ‘‘Sec. 40B. Credit for retail sale of alter- shall be reduced by the amount of the credit lated credits) is amended by inserting after native fuels as motor vehicle so allowed. section 40A the following new section: fuel.’’.
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(d) EFFECTIVE DATE.—The amendments (b) APPLICATION OF GASOHOL COMPETITION ‘‘(ii) PROVISIONS OF REGULATIONS.—Regard- made by this section shall apply to fuel sold ACT OF 1980.—Section 26 of the Clayton Act less of the date of promulgation, the regula- at retail after the date of enactment of this (15 U.S.C. 26a) is amended— tions promulgated under clause (i)— Act, in taxable years ending after such date. (1) by redesignating subsection (c) as sub- ‘‘(I) shall contain compliance provisions SEC. 5. FREEDOM FOR FUEL FRANCHISERS. section (d); applicable to refineries, blenders, distribu- (2) by inserting after subsection (b) the fol- (a) PROHIBITION ON RESTRICTION OF INSTAL- tors, and importers, as appropriate, to en- lowing: LATION OF ALTERNATIVE FUEL PUMPS.— sure that the requirements of this paragraph ‘‘(c) RESTRICTION PROHIBITED.—For pur- (1) IN GENERAL.—Title I of the Petroleum are met; but poses of subsection (a), restricting the right Marketing Practices Act (15 U.S.C. 2801 et ‘‘(II) shall not— of a franchisee to install on the premises of ‘‘(aa) restrict geographic areas in which al- seq.) is amended by adding at the end the fol- that franchisee qualified alternative fuel ve- lowing: ternative diesel fuel may be used; or hicle refueling property (as defined in sec- ‘‘(bb) impose any per-gallon obligation for ‘‘SEC. 107. PROHIBITION ON RESTRICTION OF IN- tion 30C(c) of the Internal Revenue Code of the use of alternative diesel fuel. STALLATION OF ALTERNATIVE FUEL 1986) shall be considered an unlawful restric- ‘‘(iii) REQUIREMENT IN CASE OF FAILURE TO PUMPS. tion.’’; and PROMULGATE REGULATIONS.—If the Adminis- ‘‘(a) DEFINITION.—In this section: (3) in subsection (d) (as redesignated by trator fails to promulgate regulations under ‘‘(1) ALTERNATIVE FUEL.—The term ‘alter- paragraph (1)), by striking ‘‘(d) As used in native fuel’ means any fuel— clause (i), the percentage of alternative die- this section,’’ and inserting the following: sel fuel in the diesel motor pool sold or dis- ‘‘(A) at least 85 percent of the volume of SEC. 6. ALTERNATIVE DIESEL FUEL CONTENT OF which consists of ethanol, natural gas, com- pensed to consumers in the United States, on DIESEL. a volume basis, shall be 0.6 percent for cal- pressed natural gas, liquefied natural gas, (a) FINDINGS.—Congress finds that— endar year 2009. liquefied petroleum gas, hydrogen, or any (1) section 211(o) of the Clean Air Act (42 ‘‘(B) APPLICABLE VOLUME.— combination of those fuels; or U.S.C. 7535(o)) (as amended by section 1501 of ‘‘(i) CALENDAR YEARS 2009 THROUGH 2016.— ‘‘(B) any mixture of biodiesel (as defined in the Energy Policy Act of 2005 (Public Law For the purpose of subparagraph (A), the ap- section 40A(d)(1) of the Internal Revenue 109–58)) established a renewable fuel program plicable volume for any of calendar years Code of 1986) and diesel fuel (as defined in under which entities in the petroleum sector 2009 through 2016 shall be determined in ac- section 4083(a)(3) of the Internal Revenue are required to blend renewable fuels into cordance with the following table: Code of 1986), determined without regard to motor vehicle fuel based on the gasoline any use of kerosene and containing at least motor pool; ‘‘Applicable volume Calendar year: 20 percent biodiesel. (2) the need for energy diversification is of Alternative die- ‘‘(2) FRANCHISE-RELATED DOCUMENT.—The greater as of the date of enactment of this sel fuel in diesel term ‘franchise-related document’ means— Act than it was only months before the date motor pool (in mil- ‘‘(A) a franchise under this Act; and of enactment of the Energy Policy Act (Pub- lions of gallons): ‘‘(B) any other contract or directive of a lic Law 109–58; 119 Stat. 594); and franchisor relating to terms or conditions of (3)(A) the renewable fuel program under 250 ...... 2009 the sale of fuel by a franchisee. section 211(o) of the Clean Air Act requires a 500 ...... 2010 ‘‘(b) PROHIBITIONS.— small percentage of the gasoline motor pool, 750 ...... 2011 1,000 ...... 2012 ‘‘(1) IN GENERAL.—Notwithstanding any totaling nearly 140,000,000,000 gallons, to con- 1,250 ...... 2013 provision of a franchise-related document in tain a renewable fuel; and 1,500 ...... 2014 effect on the date of enactment of this sec- (B) the small percentage requirement de- 1,750 ...... 2015 tion, no franchisee or affiliate of a franchisee scribed in subparagraph (A) does not include 2,000 ...... 2016 shall be restricted from— the 40,000,000,000-gallon diesel motor pool. ‘‘(A) installing on the marketing premises (b) ALTERNATIVE DIESEL FUEL PROGRAM ‘‘(ii) CALENDAR YEAR 2017 AND THERE- of the franchisee an alternative fuel pump; FOR DIESEL MOTOR POOL.—Section 211 of the AFTER.—The applicable volume for calendar ‘‘(B) converting an existing tank and pump Clean Air Act (42 U.S.C. 7545) is amended by year 2017 and each calendar year thereafter on the marketing premises of the franchisee inserting after subsection (o) the following: shall be determined by the Administrator, in for alternative fuel use; ‘‘(p) ALTERNATIVE DIESEL FUEL PROGRAM coordination with the Secretary of Agri- ‘‘(C) advertising (including through the use FOR DIESEL MOTOR POOL.— culture and the Secretary of Energy, based of signage or logos) the sale of any alter- ‘‘(1) DEFINITION OF ALTERNATIVE DIESEL on a review of the implementation of the native fuel; or FUEL.— program during calendar years 2009 through ‘‘(D) selling alternative fuel in any speci- ‘‘(A) IN GENERAL.—In this subsection, the 2016, including a review of— fied area on the marketing premises of the term ‘alternative diesel fuel’ means biodiesel ‘‘(I) the impact of the use of alternative franchisee (including any area in which a (as defined in section 312(f) of the Energy diesel fuels on the environment, air quality, name or logo of a franchisor or any other en- Policy Act of 1992 (42 U.S.C. 13220(f))) and any energy security, job creation, and rural eco- tity appears). blending components derived from alter- nomic development; and ‘‘(2) ENFORCEMENT.—Any restriction de- native fuel (provided that only the alter- ‘‘(II) the expected annual rate of future scribed in paragraph (1) that is contained in native fuel portion of any such blending production of alternative diesel fuels to be a franchise-related document and in effect component shall be considered to be part of used as a blend component or replacement to on the date of enactment of this section— the applicable volume under the alternative the diesel motor pool. ‘‘(A) shall be considered to be null and void diesel fuel program established by this sub- ‘‘(iii) MINIMUM APPLICABLE VOLUME.—For as of that date; and section). the purpose of subparagraph (A), the applica- ‘‘(B) shall not be enforced under section ‘‘(B) INCLUSIONS.—The term ‘alternative ble volume for calendar year 2017 and each 105. diesel fuel’ includes a diesel fuel substitute calendar year thereafter shall be equal to the ‘‘(c) EXCEPTION TO 3-GRADE REQUIREMENT.— produced from— product obtained by multiplying— No franchise-related document that requires ‘‘(i) animal fat; ‘‘(I) the number of gallons of diesel that that 3 grades of gasoline be sold by the appli- ‘‘(ii) plant oil; the Administrator estimates will be sold or cable franchisee shall prevent the franchisee ‘‘(iii) recycled yellow grease; introduced into commerce during the cal- from selling an alternative fuel in lieu of 1 ‘‘(iv) single-cell or microbial oil; endar year; and grade of gasoline.’’. ‘‘(v) thermal depolymerization; ‘‘(II) the ratio that— (2) CONFORMING AMENDMENTS.— ‘‘(vi) thermochemical conversion; ‘‘(aa) 2,000,000,000 gallons of alternative (A) IN GENERAL.—Section 101(13) of the Pe- ‘‘(vii) a coal-to-liquid process (including diesel fuel; bears to troleum Marketing Practices Act (15 U.S.C. the Fischer-Tropsch process) that provides ‘‘(bb) the number of gallons of diesel sold 2801(13)) is amended by adjusting the inden- for the sequestration of carbon emissions; or introduced into commerce during cal- tation of subparagraph (C) appropriately. ‘‘(viii) a diesel-ethanol blend of not less endar year 2016. (B) TABLE OF CONTENTS.—The table of con- than 7 percent ethanol; or ‘‘(3) APPLICABLE PERCENTAGES.— tents of the Petroleum Marketing Practices ‘‘(ix) sugar, starch, or cellulosic biomass. ‘‘(A) PROVISION OF ESTIMATE OF VOLUMES OF Act (15 U.S.C. 2801 note) is amended— ‘‘(2) ALTERNATIVE DIESEL FUEL PROGRAM.— DIESEL SALES.—Not later than October 31 of (i) by inserting after the item relating to ‘‘(A) REGULATIONS.— each of calendar years 2008 through 2016, the section 106 the following: ‘‘(i) IN GENERAL.—Not later than 1 year Administrator of the Energy Information after the date of enactment of this sub- Administration shall provide to the Adminis- ‘‘Sec. 107. Prohibition on restriction of in- section, the Administrator shall promulgate trator an estimate, with respect to the fol- stallation of alternative fuel regulations to ensure that diesel sold or in- lowing calendar year, of the volumes of die- pumps.’’; troduced into commerce in the United States sel projected to be sold or introduced into and (except in noncontiguous States or terri- commerce in the United States. (ii) by striking the item relating to section tories), on an annual average basis, contains ‘‘(B) DETERMINATION OF APPLICABLE PER- 202 and inserting the following: the applicable volume of alternative diesel CENTAGES.— ‘‘Sec. 202. Automotive fuel rating testing fuel determined in accordance with subpara- ‘‘(i) IN GENERAL.—Not later than November and disclosure requirements.’’. graph (B). 30 of each of calendar years 2009 through 2016,
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S131
based on the estimate provided under sub- ‘‘(i) IN GENERAL.—Except as provided in respect to such fuel to any taxpayer under paragraph (A), the Administrator shall de- clause (ii), a waiver under subparagraph (A) this subsection or a payment has been made termine and publish in the Federal Register, shall terminate on the date that is 1 year with respect to such fuel under section with respect to the following calendar year, after the date on which the waiver is pro- 6427(e). the alternative diesel fuel obligation that vided. ‘‘(4) TERMINATION.—This section shall not ensures that the requirements of paragraph ‘‘(ii) EXCEPTION.—The Administrator, in apply to any sale or use for any period after (2) are met. consultation with the Secretary of Agri- December 31, 2008.’’. ‘‘(ii) REQUIRED ELEMENTS.—The alternative culture and the Secretary of Energy, may ex- (2) CONFORMING AMENDMENTS.— diesel fuel obligation determined for a cal- tend a waiver under subparagraph (A), as the (A) Section 6426(a) of such Code is amend- endar year under clause (i) shall— Administrator determines to be appro- ed— ‘‘(I) be applicable to refineries, blenders, priate.’’. (i) by striking ‘‘subsection (d)’’ in para- and importers, as appropriate; (c) PENALTIES AND ENFORCEMENT.—Section graph (2) and inserting ‘‘subsections (d) and ‘‘(II) be expressed in terms of a volume per- 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) (f)’’, and centage of diesel sold or introduced into is amended— (ii) by striking ‘‘and (e)’’ in the last sen- commerce in the United States; and (1) in paragraph (1), by striking ‘‘or (o)’’ tence and inserting ‘‘, (e), and (f)’’. ‘‘(III) subject to subparagraph (C), consist each place it appears and inserting ‘‘(o), or (B) The heading for section 6426 of such of a single applicable percentage that applies (p)’’; and Code is amended to read as follows: to all categories of persons described in sub- (2) in paragraph (2), by striking ‘‘and (o)’’ ‘‘SEC. 6426. CREDIT FOR CERTAIN FUELS AND clause (I). each place it appears and inserting ‘‘(o), and FUEL MIXTURES.’’. ‘‘(C) ADJUSTMENTS.—In determining the (p)’’. (C) The table of section for subchapter B of applicable percentage for a calendar year, (d) TECHNICAL AMENDMENTS.—Section 211 chapter 65 of such Code is amended by strik- the Administrator shall make adjustments of the Clean Air Act (42 U.S.C. 7545) is ing the item relating to section 6426 and in- to prevent the imposition of redundant obli- amended— serting the following new item: gations on any person described in subpara- (1) in subsection (i)(4), by striking ‘‘section ‘‘Sec. 6426. Credit for certain fuels and fuel 324’’ each place it appears and inserting ‘‘sec- graph (B)(ii)(I). mixtures.’’. ‘‘(4) CREDIT PROGRAM.— tion 325’’; (b) CELLULOSIC BIOMASS ETHANOL NOT USED N GENERAL (2) in subsection (k)(10), by indenting sub- ‘‘(A) I .—The regulations promul- FOR A TAXABLE PURPOSE.— gated pursuant to paragraph (2)(A) shall pro- paragraphs (E) and (F) appropriately; (3) in subsection (n), by striking ‘‘section (1) IN GENERAL.—Section 6427(e) of the In- vide for the generation of an appropriate ternal Revenue Code of 1986 is amended by 219(2)’’ and inserting ‘‘section 216(2)’’; amount of credits by any person that refines, redesignating paragraphs (3) through (5) as (4) by redesignating the second subsection blends, or imports diesel that contains a paragraphs (4) through (6), respectively, and (r) and subsection (s) as subsections (s) and quantity of alternative diesel fuel that is by inserting after paragraph (2) the following (t), respectively; and greater than the quantity required under new paragraph: (5) in subsection (t)(1) (as redesignated by paragraph (2). ‘‘(3) CELLULOSIC BIOMASS ETHANOL.—If any paragraph (4)), by striking ‘‘this subtitle’’ ‘‘(B) USE OF CREDITS.—A person that gen- person sells or uses cellulosic biomass eth- and inserting ‘‘this part’’. erates a credit under subparagraph (A) may anol (as defined in section 6426(f)(2)(A)) for a use the credit, or transfer all or a portion of SEC. 7. EXCISE TAX CREDIT FOR PRODUCTION OF purpose described in section 6426(f)(2)(B) in CELLULOSIC BIOMASS ETHANOL. the credit to another person, for the purpose such person’s trade or business, the Sec- (a) ALLOWANCE OF EXCISE TAX CREDIT.— of complying with regulations promulgated retary shall pay (without interest) to such (1) IN GENERAL.—Section 6426 of the Inter- pursuant to paragraph (2). person an amount equal to the cellulosic bio- nal Revenue Code of 1986 (relating to credit ‘‘(C) DURATION OF CREDITS.—A credit gen- mass ethanol credit with respect to such for alcohol fuel, biodiesel, and alternative erated under this paragraph shall be valid fuel.’’. fuel mixtures) is amended by redesignating during the 1-year period beginning on the (2) DENIAL OF DOUBLE BENEFIT.—Paragraph subsections (f) and (g) as subsections (g) and date on which the credit is generated. (4) of section 6427(e) of such Code, as redesig- ‘‘(D) INABILITY TO GENERATE OR PURCHASE (h), respectively, and by inserting after sub- nated by paragraph (1), is amended to read as SUFFICIENT CREDITS.—The regulations pro- section (e) the following new subsection: follows: ‘‘(f) CELLULOSIC BIOMASS ETHANOL CRED- mulgated pursuant to paragraph (2)(A) shall ‘‘(4) COORDINATION WITH OTHER REPAYMENT IT.— include provisions allowing any person that PROVISIONS.— ‘‘(1) IN GENERAL.—For purposes of this sec- is unable to generate or purchase sufficient ‘‘(A) IN GENERAL.—No amount shall be pay- tion, in the case of a cellulosic biomass eth- credits under subparagraph (A) to meet the able under paragraph (1), (2), or (3) with re- anol producer, the cellulosic biomass ethanol requirements of paragraph (2) by carrying spect to any mixture, alternative fuel, or cel- credit is the product of— forward a credit generated during a previous lulosic biomass ethanol with respect to ‘‘(A) the product of 51 cents times the year on the condition that the person, during which an amount is allowed as a credit under equivalent number of gallons of renewable the calendar year following the year in section 6426. fuel specified in section 211(o)(4) of the Clean which the alternative diesel fuel deficit is ‘‘(B) CELLULOSIC BIOMASS ETHANOL.—No created— Air Act, times amount shall be payable under paragraph (1) ‘‘(i) achieves compliance with the alter- ‘‘(B) the number of gallons of qualified cel- or (2) with respect to any cellulosic biomass native diesel fuel requirement under para- lulosic biomass ethanol fuel production of ethanol if a payment has been made with re- graph (2); and such producer. spect to such ethanol under paragraph (3).’’. ‘‘(ii) generates or purchases additional ‘‘(2) DEFINITIONS.— (3) TERMINATION.—Paragraph (6) of section credits under subparagraph (A) to offset the ‘‘(A) CELLULOSIC BIOMASS ETHANOL.—The 6427(e) of such Code, as redesignated by para- deficit of the previous year. term ‘cellulosic biomass ethanol’ has the graph (1), is amended by striking ‘‘and’’ at ‘‘(5) WAIVERS.— meaning given such term under section the end of subparagraph (C), by striking the ‘‘(A) IN GENERAL.—The Administrator, in 211(o)(1)(A) of the Clean Air Act. period at the end of subparagraph (D) and in- consultation with the Secretary of Agri- ‘‘(B) QUALIFIED CELLULOSIC BIOMASS ETH- serting ‘‘, and’’, and by adding at the end the culture and the Secretary of Energy, may ANOL FUEL PRODUCTION.—The term ‘qualified following new subparagraph: waive the requirements of paragraph (2) in cellulosic biomass ethanol fuel production’ ‘‘(E) any cellulosic biomass ethanol credit whole or in part on receipt of a petition of 1 means any alcohol which is cellulosic bio- (as defined in section 6426(f)(2)(A)) sold or or more States by reducing the national mass ethanol which during the taxable used after December 31, 2008.’’. quantity of alternative diesel fuel for the year— (4) CONFORMING AMENDMENT.—Paragraph diesel motor pool required under paragraph ‘‘(i) is sold by the producer to another per- (5) of section 6427(e) of such Code, as redesig- (2) based on a determination by the Adminis- son — nated by paragraph (1), is amended by strik- trator, after public notice and opportunity ‘‘(I) for use by such other person in the pro- ing ‘‘or alternative fuel mixture credit’’ and for comment, that— duction of an alcohol fuel mixture in such inserting ‘‘, alternative fuel mixture credit, ‘‘(i) implementation of the requirement other person’s trade or business (other than or cellulosic biomass ethanol credit’’. would severely harm the economy or envi- casual off-farm production), (c) EFFECTIVE DATE.—The amendments ronment of a State, a region, or the United ‘‘(II) for use by such other person as a fuel made by this section shall apply to fuel sold States; or in a trade or business, or or used after the date of the enactment of ‘‘(ii) there is an inadequate domestic sup- ‘‘(III) who sells such cellulosic biomass this Act. ply of alternative diesel fuel. ethanol at retail to another person and SEC. 8. INCENTIVE FOR FEDERAL AND STATE ‘‘(B) PETITIONS FOR WAIVERS.—Not later places such ethanol in the fuel tank of such FLEETS FOR MEDIUM AND HEAVY than 90 days after the date on which the Ad- other person, or DUTY HYBRIDS. ministrator receives a petition under sub- ‘‘(ii) is used or sold by the producer for any Section 301 of the Energy Policy Act of paragraph (A), the Administrator, in con- purpose described in clause (i). 1992 (42 U.S.C. 13211) is amended— sultation with the Secretary of Agriculture ‘‘(3) DENIAL OF DOUBLE BENEFIT.—No credit (1) in paragraph (3), by striking ‘‘or a dual and the Secretary of Energy, shall approve shall be allowed under subsection (b) or (c) to fueled vehicle’’ and inserting ‘‘, a dual fueled or disapprove the petition. any taxpayer with respect to any fuel to the vehicle, or a medium or heavy duty vehicle ‘‘(C) TERMINATION OF WAIVERS.— extent that a credit has been allowed with that is a hybrid vehicle’’;
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S132 CONGRESSIONAL RECORD — SENATE January 4, 2007 (2) by redesignating paragraphs (11), (12), ing after subparagraph (A) the following new in consultation with the Secretary of De- (13), and (14) as paragraphs (12), (14), (15), and subparagraph: fense, has certified must be exempt for na- (16), respectively; ‘‘(B) SPECIAL RULE FOR QUALIFYING ETHANOL tional security reasons. (3) by inserting after paragraph (10) the fol- BLENDING AND PROCESSING EQUIPMENT.—For (e) REPORT.—Not later than October 31 of lowing: purposes of subparagraph (A), any invest- each year beginning after the date of enact- ‘‘(11) the term ‘hybrid vehicle’ means a ve- ment property which is qualifying ethanol ment of this Act, the President shall submit hicle powered both by a diesel or gasoline en- blending and processing equipment (as de- to Congress a report that describes the gine and an electric motor that is recharged fined in section 48C(c)) shall cease to be in- progress of the agencies of the Federal Gov- as the vehicle operates;’’; and vestment credit property with respect to a ernment (including the Executive Office of (4) by inserting after paragraph (12) (as re- taxpayer if such taxpayer receives a pay- the President) in complying with— designated by paragraph (2)) the following: ment in exchange for a credit for emission (1) the Energy Policy Act of 1992 (42 U.S.C. ‘‘(13) the term ‘medium or heavy duty vehi- reductions attributable to such qualifying 13201 et seq.); cle’ means a vehicle that— pollution control equipment for purposes of (2) Executive Order 13149 (65 Fed. Reg. ‘‘(A) in the case of a medium duty vehicle, an offset requirement under part D of title I 24595; relating to greening the government has a gross vehicle weight rating of more of the Clean Air Act.’’. through Federal fleet and transportation ef- than 8,500 pounds but not more than 14,000 (d) SPECIAL RULE FOR BASIS REDUCTION; ficiency); and pounds; and RECAPTURE OF CREDIT.—Paragraph (3) of sec- (3) the fueling center requirements of this ‘‘(B) in the case of a heavy duty vehicle, tion 50(c) of the Internal Revenue Code of section. has a gross vehicle weight rating of more 1986 (relating to basis adjustment to invest- SEC. 11. PURCHASE OF CLEAN FUEL BUSES. than 14,000 pounds;’’. ment credit property) is amended by insert- (a) IN GENERAL.—Chapter 53 of title 49, United States Code, is amended by inserting SEC. 9. CREDIT FOR QUALIFYING ETHANOL ing ‘‘or qualifying ethanol blending and proc- BLENDING AND PROCESSING EQUIP- essing equipment credit’’ after ‘‘energy cred- after section 5325 the following: MENT. it’’. ‘‘§ 5326. Purchase of clean fuel buses (a) ALLOWANCE OF QUALIFYING ETHANOL (e) CERTAIN NONRECOURSE FINANCING EX- ‘‘(a) DEFINITIONS.—In this section: BLENDING AND PROCESSING EQUIPMENT CRED- CLUDED FROM CREDIT BASE.—Section ‘‘(1) ALTERNATIVE DIESEL FUEL.— IT.—Section 46 of the Internal Revenue Code 49(a)(1)(C) of the Internal Revenue Code of ‘‘(A) IN GENERAL.—The term ‘alternative of 1986 (relating to amount of credit) is 1986 (defining credit base) is amended by diesel fuel’ means— amended by striking ‘‘and’’ at the end of striking ‘‘and’’ at the end of clause (iii), by ‘‘(i) biodiesel (as defined in section 312(f) of paragraph (3), by striking the period at the striking the period at the end of clause (iv) the Energy Policy Act of 1992 (42 U.S.C. end of paragraph (4) and inserting ‘‘, and’’, and inserting ‘‘, and’’, and by adding at the 13220(f))); and and by adding at the end the following new end the following new clause: ‘‘(ii) any blending components derived paragraph: ‘‘(v) the basis of any property which is part from alternative fuel. ‘‘(5) the qualifying ethanol blending and of any qualifying ethanol blending and proc- ‘‘(B) INCLUSIONS.—The term ‘alternative processing equipment credit.’’. essing equipment under section 48C.’’. diesel fuel’ includes a diesel fuel substitute (b) AMOUNT OF QUALIFYING ETHANOL (f) EFFECTIVE DATE.—The amendments produced from— BLENDING AND PROCESSING EQUIPMENT CRED- made by this section shall apply to property ‘‘(i) animal fat; IT.—Subpart E of part IV of subchapter A of placed in service after December 31, 2007, in ‘‘(ii) plant oil; chapter 1 of the Internal Revenue Code of taxable years ending after such date, under ‘‘(iii) recycled yellow grease; 1986 (relating to rules for computing invest- rules similar to the rules of section 48(m) of ‘‘(iv) single-cell or microbial oil; ment credit) is amended by inserting after the Internal Revenue Code of 1986 (as in ef- ‘‘(v) thermal depolymerization; section 48B the following new section: fect on the day before the date of the enact- ‘‘(vi) thermochemical conversion; ‘‘SEC. 48C. QUALIFYING ETHANOL BLENDING AND ment of the Revenue Reconciliation Act of ‘‘(vii) a coal-to-liquid process (including PROCESSING EQUIPMENT. 1990). the Fischer-Tropsch process) that provides ‘‘(a) IN GENERAL.—For purposes of section SEC. 10. PUBLIC ACCESS TO FEDERAL ALTER- for the sequestration of carbon emissions; or 46, the qualifying ethanol blending and proc- NATIVE REFUELING STATIONS. ‘‘(viii) a diesel-ethanol blend of not less essing equipment credit for any taxable year (a) DEFINITIONS.—In this section: than 7 percent ethanol. is an amount equal to 50 percent of the basis (1) ALTERNATIVE FUEL REFUELING STA- ‘‘(2) CELLULOSIC BIOMASS ETHANOL.—The of the qualifying ethanol blending and proc- TION.—The term ‘‘alternative fuel refueling term ‘cellulosic biomass ethanol’ means eth- essing equipment placed in service at a station’’ has the meaning given the term anol derived from any lignocellulosic or qualifying facility during such taxable year. ‘‘qualified alternative fuel vehicle refueling hemicellulosic matter that is available on a ‘‘(b) LIMITATION.—The credit allowed under property’’ in section 30C(c)(1) of the Internal renewable or recurring basis, including— subsection (a) for qualifying ethanol blend- Revenue Code of 1986. ‘‘(A) dedicated energy crops and trees; ing and processing equipment placed in serv- (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘(B) wood and wood residues; ice at any 1 qualifying facility during any means the Secretary of Energy. ‘‘(C) plants; taxable year shall not exceed $2,000,000. (b) ACCESS TO FEDERAL ALTERNATIVE RE- ‘‘(D) grasses; ‘‘(c) QUALIFYING ETHANOL BLENDING AND FUELING STATIONS.—Not later than 18 ‘‘(E) agricultural residues; PROCESSING EQUIPMENT.—For purposes of months after the date of enactment of this ‘‘(F) fibers; this section, the term ‘qualifying ethanol Act— ‘‘(G) animal wastes and other waste mate- blending and processing equipment’ means (1) except as provided in subsection (d)(1), rials; and any technology installed in or on a quali- any Federal property that includes at least 1 ‘‘(H) municipal solid waste. fying facility for blending ethanol with pe- fuel refueling station shall include at least 1 ‘‘(3) CLEAN FUEL BUS.—The term ‘clean fuel troleum fuels for the purpose of direct retail alternative fuel refueling station; and bus’ means a vehicle that— sale, including in-line blending equipment, (2) except as provided in subsection (d)(2), ‘‘(A) is capable of being powered by— storage tanks, pumps and piping for dena- any alternative fuel refueling station located ‘‘(i) compressed natural gas; turants, and load-out equipment. on property owned by the Federal govern- ‘‘(ii) liquefied natural gas; ‘‘(d) QUALIFYING FACILITY.—For purposes of ment shall permit full public access for the ‘‘(iii) 1 or more batteries; this section, the term ‘qualifying facility’ purpose of refueling using alternative fuel. ‘‘(iv) a fuel that is composed of at least 85 means any facility which produces not less (c) DURATION.—The requirements described percent ethanol (or another percentage of than 1,000,000 gallons of ethanol during the in subsection (b) shall remain in effect until not less than 70 percent, as the Secretary taxable year. the sooner of— may determine, by rule, to provide for re- ‘‘(e) SPECIAL RULE FOR CERTAIN SUBSIDIZED (1) the date that is 7 years after the date of quirements relating to cold start, safety, or PROPERTY.—Rules similar to section 48(a)(4) enactment of this Act; or vehicle functions); shall apply for purposes of this section. (2) the date on which the Secretary deter- ‘‘(v) electricity (including a hybrid electric ‘‘(f) CERTAIN QUALIFIED PROGRESS EXPENDI- mines that not less than 5 percent of the or plug-in hybrid electric vehicle); TURES RULES MADE APPLICABLE.—Rules simi- commercial refueling infrastructure in the ‘‘(vi) a fuel cell; lar to the rules of subsections (c)(4) and (d) of United States offers alternative fuels to the ‘‘(vii) a fuel that is composed of at least 22 section 46 (as in effect on the day before the general public. percent biodiesel (as defined in section 312(f) enactment of the Revenue Reconciliation (d) EXCEPTIONS.— of the Energy Policy Act of 1992 (42 U.S.C. Act of 1990) shall apply for purposes of this (1) WAIVER.—Subsection (b)(1) shall not 13220(f)) (or another percentage of not less subsection. apply to any Federal property under the ju- than 10 percent, as the Secretary may deter- ‘‘(g) TERMINATION.—This section shall not risdiction of a Federal agency if the Sec- mine, by rule, to provide for requirements apply to property placed in service after De- retary determines that alternative fuel is relating to cold start, safety, or vehicle func- cember 31, 2014.’’. not reasonably available to retail purchasers tions); (c) RECAPTURE OF CREDIT WHERE EMISSIONS of the fuel, as certified by the head of the ‘‘(viii) ultra-low sulfur diesel; or REDUCTION OFFSET IS SOLD.—Paragraph (1) of agency to the Secretary. ‘‘(ix) liquid fuel manufactured with a coal section 50(a) of the Internal Revenue Code of (2) NATIONAL SECURITY EXEMPTION.—Sub- feedstock; and 1986 is amended by redesignating subpara- section (b)(2) does not apply to property of ‘‘(B) has been certified by the Adminis- graph (B) as subparagraph (C) and by insert- the Federal government that the Secretary, trator of the Environmental Protection
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S133 Agency to significantly reduce harmful at all times in accordance with the fuel ca- a vehicle (regardless of whether off-board emissions, particularly in a nonattainment pacity and use of the fuel recommended by electricity is used), including— area (as defined in section 171 of the Clean the manufacturer of the clean fuel bus; and ‘‘(i) a battery electric vehicle; Air Act (42 U.S.C. 7501)). ‘‘(B) not later than 180 days after the pur- ‘‘(ii) a fuel cell vehicle; ‘‘(4) QUALIFIED ALTERNATIVE FUEL PRO- chase of the clean fuel bus and every 180 days ‘‘(iii) an engine dominant hybrid electric DUCER.—The term ‘qualified alternative fuel thereafter, a report that documents that the vehicle; producer’ means a producer of qualified fuels fuel was used in accordance with subpara- ‘‘(iv) a plug-in hybrid electric vehicle; that, during the applicable taxable year— graph (A) during the 180-day period ending ‘‘(v) a plug-in hybrid fuel cell vehicle; and ‘‘(A) are sold by the producer to another on the date of the report. ‘‘(vi) an electric rail vehicle; or person— ‘‘(2) NONCOMPLIANCE.—Failure of an appli- ‘‘(B) technology that uses equipment for ‘‘(i) for use by the person in the production cant or recipient of funds to provide the cer- transportation (including transportation in- of a mixture of qualified fuels in the trade or tification or documentation required under volving any mobile source of air pollution) business of the person (other than casual off- paragraph (1) shall— that uses an electric motor to replace an in- farm production); ‘‘(A) be considered a violation of the agree- ternal combustion engine for all or part of ‘‘(ii) for use by the other person as a fuel in ment to receive the funds; and the work of the equipment, including corded a trade or business; or ‘‘(B) require the applicant or recipient to electric equipment that is linked to trans- ‘‘(iii) that— reimburse the Secretary the full amount of portation or a mobile source of air pollution; ‘‘(I) sells to another person the qualified the funds not later than 90 days after the ‘‘(16) the term ‘engine dominant hybrid fuel at retail; and Secretary has determined that a violation electric vehicle’ means an on-road or ‘‘(II) places the qualified fuel in the fuel has occurred.’’. nonroad vehicle that— tank of the person that purchased the quali- (b) CONFORMING AMENDMENT.—The analysis ‘‘(A) is propelled by an internal combus- fied fuel; or for chapter 53 is amended by inserting after tion engine or heat engine using— ‘‘(B) are used or sold by the producer for the item relating to section 5325 the fol- ‘‘(i) any combustible fuel; and any purpose described in subparagraph (A). lowing: ‘‘(ii) an on-board, rechargeable storage de- ‘‘(5) QUALIFIED FUEL.—The term ‘qualified ‘‘5326. Clean fuel buses’’. vice; and fuel’ includes— ‘‘(B) has no means of using an off-board ‘‘(A) cellulosic biomass ethanol; SEC. 12. DOMESTIC FUEL PRODUCTION VOLUMES TO MEET DEPARTMENT OF DEFENSE source of electricity; and ‘‘(B) ethanol produced in facilities in which NEEDS. ‘‘(17) the term ‘plug-in hybrid electric vehi- animal waste or other waste materials are Section 2922d of title 10, United States cle’ means an on-road or nonroad vehicle digested or otherwise used to displace at Code is amended— that is propelled by an internal combustion least 90 percent of the fossil fuels that would (1) in the heading, by striking ‘‘and tar engine or heat engine using— otherwise be used in the production of eth- sands’’ and inserting ‘‘tar sands, and other ‘‘(A) any combustible fuel; anol; sources’’; ‘‘(B) an on-board, rechargeable storage de- ‘‘(C) renewable fuels; (2) in subsection (a), by striking ‘‘fuel pro- vice; and ‘‘(D) alternative diesel fuels; duced, in whole or in part, from coal, oil ‘‘(C) a means of using an off-board source ‘‘(E) sugar, starch, or cellulosic biomass; shale, and tar sands (referred to in this sec- of electricity.’’. and tion as a ‘covered fuel’) that are extracted by (b) MINIMUM FEDERAL FLEET REQUIRE- ‘‘(F) any other fuel that is not substan- either mining or in-situ methods and refined MENT.—Section 303(b)(1) of the Energy Policy tially petroleum. or otherwise processed in the United States’’ Act of 1992 (42 U.S.C. 13212(b)(1)) is amend- ‘‘(6) RENEWABLE FUEL.—The term ‘renew- and inserting ‘‘fuel produced, in whole or in ed— able fuel’ means fuel, at least 85 percent of part, from coal, oil shale, and tar sands that (1) in subparagraph (C), by striking ‘‘and’’ the volume of which— are extracted by either mining or in-situ after the semicolon; ‘‘(A)(i) is produced from grain, starch, oil- methods and refined or otherwise processed (2) in subparagraph (D), by striking ‘‘fiscal seeds, vegetable, animal, or fish materials in the United States and fuel produced in the year 1999 and thereafter,’’ and inserting including fats, greases, and oils, sugarcane, United States using starch, sugar, cellulosic ‘‘each of fiscal years 1999 through 2013; and’’; sugar beets, sugar components, tobacco, po- biomass, plant or animal oils, or thermal and tatoes, or other biomass; or chemical conversion, thermal (3) by inserting after subparagraph (D) the ‘‘(ii) is natural gas produced from a biogas depolymerization, or thermal conversion following: source, including a landfill, sewage waste processes (referred to in this section as a ‘‘(E) 100 percent in fiscal year 2014 and treatment plant, feedlot, or other place in ‘covered fuel’)’’; thereafter,’’. which decaying organic material is found; (3) in subsection (d), by striking ‘‘1 or more and years’’ and inserting ‘‘up to 5 years’’; By Mr. ALLARD (for himself and ‘‘(B) is used to substantially replace or re- (4) in subsection (e), by striking the period duce the quantity of fossil fuel present in a Mr. SALAZAR): at the end and inserting the following: ‘‘, fuel mixture used to operate a motor vehicle. S. 134. A bill to authorize the con- with consideration given to military instal- ‘‘(b) PURCHASE OF BUSES.—Subject to sub- struction of the Arkansas Valley Con- sections (c) and (d), beginning on the date lations closed or realigned under a round of defense base closure and realignment.’’; and duit in the State of Colorado, and for that is 2 years after the date of enactment of other purposes; to the Committee on this section, a bus purchased using funds (5) by adding at the end the following new made available from the Mass Transit Ac- subsection: Energy and Natural Resources. count of the Highway Trust Fund shall be a ‘‘(f) PRODUCTION FACILITIES FOR COVERED Mr. ALLARD. Mr. President, I am in- clean fuel bus. FUELS.—The Secretary of Defense may enter troducing the Arkansas Valley Conduit ‘‘(c) ULTRA-LOW SULFUR DIESEL.— into contracts or other agreements with pri- bill, which will ensure the construction ‘‘(1) IN GENERAL.—Except as provided in vate companies or other entities to develop of a pipeline that will provide the and operate production facilities for covered paragraph (2), not more than 20 percent of small, financially strapped towns and the amount of the funds provided to a recipi- fuels, and may provide for the construction ent to purchase buses under this section may or capital modification of production facili- water agencies along the lower Arkan- be used by the recipient to purchase clean ties for covered fuels.’’. sas River with safe, clean, affordable fuel buses that are capable of being powered SEC. 13. FEDERAL FLEET ENERGY CONSERVA- water. This project was originally au- by a fuel described in clause (iv), (vii), (viii), TION IMPROVEMENT. thorized by Congress in 1962, over 40 or (ix) of subsection (a)(3)(A). (a) DEFINITIONS.—Section 301 of the Energy years ago, as a part of the Fryingpan- ‘‘(2) EXCEPTION.—Paragraph (1) shall not Policy Act of 1992 (42 U.S.C. 13211) is amend- Arkansas Project. Due to several long apply if the recipient enters into a 3–year ed— years of drought and increasing Fed- purchase agreement with a qualified alter- (1) in paragraph (3), by inserting before the eral water quality standards, current native fuel producer to acquire qualified semicolon at the end the following: ‘‘, includ- fuels in a volume sufficient to power the ing a vehicle that is propelled by electric water delivery methods are not clean fuel buses purchased using amounts drive transportation technology, engine enough. By creating an 80-percent Fed- made available under this section. dominant hybrid electric technology, or eral, 20-percent local cost share for- ‘‘(d) USE OF CERTAIN ALTERNATIVE FUELS.— plug-in hybrid technology’’; mula to help offset the construction ‘‘(1) IN GENERAL.—To be eligible to receive (2) in paragraph (13), by striking ‘‘and’’ costs of the conduit, this legislation funds under subsection (c)(2) for the purchase after the semicolon at the end; will protect the future of southeastern of a clean fuel bus that is capable of being (3) in paragraph (14), by striking the period Colorado’s drinking water supplies and powered by a fuel described in clause (iv), at the end and inserting a semicolon; and prevent further economic hardship. (vii), or (ix) of subsection (a)(3)(A), an appli- (4) by adding at the end the following: cant or recipient shall submit to the Sec- ‘‘(15) the term ‘electric drive transpor- retary— tation technology’ means— By Mr. ALLARD: ‘‘(A) a certification that the applicant will ‘‘(A) technology that uses an electric S. 135. A bill to authorize the Sec- operate the clean fuel bus only with the fuel motor for all or part of the motive power of retary of the Army to acquire land for
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S134 CONGRESSIONAL RECORD — SENATE January 4, 2007 the purposes of expanding Pinon Can- sought on the environmental and eco- S. 137. A bill to amend title XVIII of yon Maneuver Site, and for other pur- nomic impacts of expansion and also the Social Security Act to provide ad- poses; to the Committee on Armed must offer options for compensating ditional beneficiary protections; to the Services. the loss of property tax revenue. Committee on Finance. Mr. ALLARD. Mr. President, another It is vital that the Army take the Mr. CARDIN. Mr. President, I ask bill dealing with the large military time to answer these important ques- unanimous consent that the text of the presence in Colorado relates to the ex- tions to help alleviate the affected bill be printed in the RECORD. pansion of the Army’s Pinon Canyon communities concerns. A number of There being no objection, the text of Maneuver Site. Due to an emphasis on counties and small towns in South- the bill was ordered to be printed in rapid mobility, modularity, and ma- eastern Colorado could be adversely af- the RECORD, as follows: neuverability in recent years, the fected by this expansion, and this S. 137 Army’s ability to project force across study will help us better understand Be it enacted by the Senate and House of Rep- the battlefield has increased exponen- the extent of these impacts and provide resentatives of the United States of America in tially. As such, the Army trans- options for mitigating them. Congress assembled, formation is also driving higher their SECTION 1. SHORT TITLE; TABLE OF CONTENTS. By Mr. ALLARD: requirement for training space. (a) SHORT TITLE.—This Act may be cited as With its close location to Fort Car- S. 136. A bill to expand the National the ‘‘Preserving Medicare for All Act of son, Pinon Canyon was perfectly suited Domestic Preparedness Consortium to 2007’’. include the Transportation Technology ABLE OF ONTENTS for the Army’s training needs 20 years (b) T C .—The table of con- Center; to the Committee on Homeland tents of this Act is as follows: ago. However, with the arrival of 10,000 Security and Governmental Affairs. new soldiers to Fort Carson, the Army Sec. 1. Short title; table of contents. Mr. ALLARD. Mr. President, in an- Sec. 2. Negotiation of prices for medicare has determined that the size of the site other area, the events of the past sev- prescription drugs. needs to be increased in order to meet eral years remind us of the vital role of Sec. 3. Guaranteed prescription drug bene- Fort Carson’s new operational training first responders in responding to nat- fits. Sec. 4. Full reimbursement for qualified re- requirements. ural disasters and terrorists attacks. It I have been told repeatedly by Army tiree prescription drug plans. is important that our first responders officials that the genesis of Fort Car- Sec. 5. Repeal of comparative cost adjust- receive the training needed to make son’s expansion proposal occurred when ment (cca) program. critical, life-saving decisions under Sec. 6. Repeal of MA Regional Plan Sta- several landowners approached Fort emergency circumstances. I believe bilization Fund. Carson and expressed their strong de- that an essential element of preparing Sec. 7. Repeal of cost containment provi- sire to sell. I also understand that suf- our first responders is to provide them sions. ficient numbers of willing sellers exist with hands-on experience in real-world Sec. 8. Removal of exclusion of benzodiazepines from required to support a significant expansion of training environments. the site. However, many in the commu- coverage under the Medicare The importance of real world train- prescription drug program. nity surrounding Pinon Canyon have ing was called to my attention by a major questions that need to be an- SEC. 2. NEGOTIATION OF PRICES FOR MEDICARE visit to the Transportation Technology PRESCRIPTION DRUGS. swered. Training Center, TTC, in Pueblo, CO. Section 1860D–11 of the Social Security Act In order to get some of these major There, I witnessed first hand the tools (42 U.S.C. 1395w–111) is amended by striking questions answered, a reporting re- at our Nation’s disposal to equip our subsection (i) (relating to noninterference) quirement was placed in the 2006 De- first responders with the training they and inserting the following: fense Authorization bill, approved by need, specifically in the context of rail ‘‘(i) NEGOTIATION; NO NATIONAL FORMULARY both the Senate and the House. How- OR PRICE STRUCTURE.— and mass transit. But our national ‘‘(1) NEGOTIATION OF PRICES WITH MANUFAC- ever, the Department of Army is re- training consortium does not currently stricted on communicating about any TURERS.—In order to ensure that bene- include a facility that is uniquely fo- ficiaries enrolled under prescription drug specific land acquisition proposal until cused on emergency preparedness with- plans and MA–PD plans pay the lowest pos- a waiver for that site has been granted in the railroad and mass transit envi- sible price, the Secretary shall have and ex- by the Secretary of Defense, which has ronment. The inclusion of TTC would ercise authority similar to that of other Fed- yet to be granted. Thus, the Army’s fill a critical gap in its current train- eral entities that purchase prescription hands were tied and they were unable ing agenda. drugs in bulk to negotiate contracts with to meet the full reporting requirements TTC is a federally owned, 52-square- manufacturers of covered part D drugs, con- sistent with the requirements and in further- in the 2006 Defense authorization. I un- mile multimodal testing and training derstand the difficult position the ance of the goals of providing quality care facility in Pueblo, CO, operated by the and containing costs under this part. Army is on this issue, but I believe it is Association of American Railroads, ‘‘(2) NO NATIONAL FORMULARY OR PRICE absolutely necessary that they provide AAR. Each year, an average of 1,700 STRUCTURE.—In order to promote competi- the information to the community and first responders travel to Pueblo, CO, tion under this part and in carrying out this to Congress prior to any acquisition of to participate in TTC’s training pro- part, the Secretary may not require a par- property. gram. The facility has trained more ticular formulary or institute a price struc- The leadership at Fort Carson has than 20,000 students in its 20-year his- ture for the reimbursement of covered part D drugs.’’. done a great job of reaching out and tory. providing what information it could to SEC. 3. GUARANTEED PRESCRIPTION DRUG BEN- The ERTC is regarded as the ‘‘grad- EFITS. the local communities. However, the uate school’’ of hazmat training be- Pentagon has not been as forthcoming. (a) IN GENERAL.—Section 1860D–3 of the So- cause of its focus on hands on, true to cial Security Act (42 U.S.C. 1395w–103) is I believe the Congress and, more im- life, training exercises on actual rail amended to read as follows: portantly, the local communities in vehicles, including tank cars and pas- ‘‘ASSURING ACCESS TO A CHOICE OF COVERAGE Southeastern Colorado need more in- senger rail cars. The ERTC is uniquely ‘‘SEC. 1860D–3. (a) ACCESS TO A CHOICE OF formation before we can decide wheth- positioned to teach emergency re- QUALIFIED PRESCRIPTION DRUG COVERAGE.— er this proposed expansion is necessary sponse for railway-related emergencies. ‘‘(1) CHOICE OF AT LEAST THREE PLANS IN and appropriate. It is for these reasons that today I in- EACH AREA.—Beginning on January 1, 2008, With these objectives in mind, today troduce a bill authorizing the National the Secretary shall ensure that each part D I am introducing a bill that clearly de- Domestic Preparedness Consortium, as eligible individual has available, consistent fines the process under which the Army expanded to include the Transportation with paragraph (2), a choice of enrollment can expand the Pinon Canyon Maneu- in— Technology Center in Pueblo, CO, and ‘‘(A) a nationwide prescription drug plan ver Site. This legislation prohibits the providing for its coordination and use use of eminent domain, requires the offered by the Secretary in accordance with by the Department of Homeland Secu- subsection (b); and Army to pay fair market value. Most rity in training the Nation’s first re- ‘‘(B) at least 2 qualifying plans (as defined importantly, the bill does not allow the sponders. in paragraph (3)) in the area in which the in- Army to proceed with land acquisition dividual resides, at least one of which is a until it delivers the answers previously By Mr. CARDIN: prescription drug plan.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S135 ‘‘(2) REQUIREMENT FOR DIFFERENT PLAN lent to the payments that would have been some places in California, $4—for a gal- SPONSORS.—The requirement in paragraph made under section 1860D–15 of such Act (42 lon of gasoline. (1)(B) is not satisfied with respect to an area U.S.C. 1395w–115) if the individuals were not At the same time, oil companies if only one entity offers all the qualifying enrolled in a qualified retiree prescription made record profits. Enough is enough! plans in the area. drug plan. In making such computation, the We need to help the American public ‘‘(3) QUALIFYING PLAN DEFINED.—For pur- Secretary shall not take into account the ap- poses of this section, the term ‘qualifying plication of the amendments made by sec- and reduce our dependence on oil. The plan’ means— tion 1202 of the Medicare Prescription Drug, Federal Government should be taking ‘‘(A) a prescription drug plan; Improvement, and Modernization Act of 2003 the lead on this issue. Sadly, it is not. ‘‘(B) an MA–PD plan described in section (Public Law 108–173; 117 Stat. 2480). In 2005, the Federal Government pur- 1851(a)(2)(A)(i) that provides— (c) EFFECTIVE DATE.—This section, and the chased 64,000 passenger vehicles. Ac- ‘‘(i) basic prescription drug coverage; or amendments made by this section, shall take cording to the U.S. Department of En- effect on January 1, 2008. ‘‘(ii) qualified prescription drug coverage ergy, the average fuel economy of the SEC. 5. REPEAL OF COMPARATIVE COST ADJUST- that provides supplemental prescription drug new vehicles purchased for the fleet in coverage so long as there is no MA monthly MENT (CCA) PROGRAM. supplemental beneficiary premium applied Subtitle E of title II of the Medicare Pre- 2005 was an abysmal 21.4 miles per gal- under the plan, due to the application of a scription Drug, Improvement, and Mod- lon. credit against such premium of a rebate ernization Act of 2003 (Public Law 108–173; 117 Today, hybrid cars on the market under section 1854(b)(1)(C); or Stat. 2214), and the amendments made by can achieve over 50 miles per gallon ‘‘(C) a nationwide prescription drug plan such subtitle, are repealed. and SUVs can obtain 36 miles per gal- offered by the Secretary in accordance with SEC. 6. REPEAL OF MA REGIONAL PLAN STA- BILIZATION FUND. lon. The Government’s average of 21.4 subsection (b). miles to the gallon is too low. ‘‘(b) HHS AS PDP SPONSOR FOR A NATION- (a) IN GENERAL.—Subsection (e) of section Instead, our government needs to WIDE PRESCRIPTION DRUG PLAN.— 1858 of the Social Security Act (42 U.S.C. ‘‘(1) IN GENERAL.—The Secretary, acting 1395w–27a) is repealed. purchase fuel-efficient cars, SUVs, and (b) CONFORMING AMENDMENT.—Section through the Administrator of the Centers for light trucks. This can be done today. I 1858(f)(1) of the Social Security Act (42 U.S.C. Medicare & Medicaid Services, shall take drive a Toyota Prius that gets over 50 1395w–27a(f)(1)) is amended by striking ‘‘sub- such steps as may be necessary to qualify ject to subsection (e),’’. mpg. The Ford Escape SUV can get 36 and serve as a PDP sponsor and to offer a mpg. prescription drug plan that offers basic pre- SEC. 7. REPEAL OF COST CONTAINMENT PROVI- SIONS. The Federal Government should be a scription drug coverage throughout the Subtitle A of title VIII of the Medicare leader in protecting our environment United States. Such a plan shall be in addi- Prescription Drug, Improvement, and Mod- tion to, and not in lieu of, other prescription and national security. ernization Act of 2003 (Public Law 108–173; 117 That is why I am reintroducing the drug plans offered under this part. Stat. 2357) is repealed and any provisions of ‘‘(2) PREMIUM; SOLVENCY; AUTHORITIES.—In Government Fleet Fuel Economy Act. law amended by such subtitle are restored as The bill requires the federal govern- carrying out paragraph (1), the Secretary— if such subtitle had not been enacted. ‘‘(A) shall establish a premium in the SEC. 8. REMOVAL OF EXCLUSION OF ment to purchase vehicles that are amount of $35 for months in 2008 and, for BENZODIAZEPINES FROM REQUIRED fuel-efficient to the greatest extent months in subsequent years, in the amount COVERAGE UNDER THE MEDICARE possible. specified in this paragraph for months in the PRESCRIPTION DRUG PROGRAM. previous year increased by the annual per- (a) REMOVAL OF EXCLUSION.— By Mr. LAUTENBERG (for him- centage increase described in section 1860D– (1) IN GENERAL.—Section 1860D–2(e)(2) of self and Mr. MENENDEZ): 2(b)(6) (relating to growth in medicare pre- the Social Security Act (42 U.S.C. 1395w– S. 148. A bill to establish the scription drug costs per beneficiary) for the 102(e)(2)) is amended— year involved; (A) by striking ‘‘subparagraph (E)’’ and in- Paterson Great Falls National Park in ‘‘(B) is deemed to have met any applicable serting ‘‘subparagraphs (E) and (J)’’; and the State of New Jersey, and for other solvency and capital adequacy standards; (B) by inserting ‘‘and benzodiazepines’’ purposes; to the Committee on Energy and after ‘‘smoking cessation agents’’. and Natural Resources. ‘‘(C) shall exercise such authorities (in- (2) EFFECTIVE DATE.—The amendments Mr. LAUTENBERG. Mr. President, I cluding the use of regional or other pharma- made by paragraph (1) shall apply to pre- rise today with great pride to reintro- ceutical benefit managers) as the Secretary scriptions dispensed on or after January 1, duce legislation which would create a determines necessary to offer the prescrip- 2008. national park in my hometown of tion drug plan in the same or a comparable (b) REVIEW OF BENZODIAZEPINE PRESCRIP- manner as is the case for prescription drug TION POLICIES TO ASSURE APPROPRIATENESS Paterson, NJ, The Paterson Great plans offered by private PDP sponsors. AND TO AVOID ABUSE.—The Secretary of Falls National Park Act of 2007, which ‘‘(c) FLEXIBILITY IN RISK ASSUMED.—In Health and Human Services shall review the I first introduced last year, would order to ensure access pursuant to sub- policies of Medicare prescription drug plans bring long-deserved recognition and ac- section (a) in an area the Secretary may ap- (and MA–PD plans) under parts C and D of cessibility to one of our Nation’s most prove limited risk plans under section 1860D– title XVIII of the Social Security Act regard- beautiful and historic landmarks. I am 11(f) for the area.’’. ing the filling of prescriptions for pleased that my colleague from New (b) CONFORMING AMENDMENT.—Section benzodiazepine to ensure that these policies 1860D–11(g) of the Social Security Act (42 are consistent with accepted clinical guide- Jersey, Senator MENENDEZ, is cospon- U.S.C. 1395w–111(g)) is amended by adding at lines, are appropriate to individual health soring this legislation. the end the following new paragraph: histories, and are designed to minimize long The Great Falls are located where ‘‘(8) APPLICATION.—This subsection shall term use, guard against over-prescribing, the Passaic River drops nearly 80 feet not apply on or after January 1, 2008.’’. and prevent patient abuse. straight down, on its course towards SEC. 4. FULL REIMBURSEMENT FOR QUALIFIED (c) DEVELOPMENT BY MEDICARE QUALITY IM- New York Harbor. It is one of the tall- RETIREE PRESCRIPTION DRUG PROVEMENT ORGANIZATIONS OF EDUCATIONAL est and most spectacular waterfalls on PLANS. GUIDELINES FOR PHYSICIANS REGARDING PRE- (a) ELIMINATION OF TRUE OUT-OF-POCKET SCRIBING OF BENZODIAZEPINES.—The Sec- the east coast, but the incredible nat- LIMITATION.—Section 1860D–2(b)(4)(C)(ii) of retary of Health and Human Services shall ural beauty of the falls should not the Social Security Act (42 U.S.C. 1395w– provide, in contracts entered into with Medi- overshadow its tremendous importance 102(b)(4)(C)(ii) is amended— care quality improvement organizations as the powerhouse of industry in New (1) by inserting ‘‘under a qualified retiree under part B of title XI of the Social Secu- Jersey and the infant United States. prescription drug plan (as defined in section rity Act, for the development by such orga- Indeed, in 1778, Alexander Hamilton 1860D–22(a)(2)),’’ after ‘‘under section 1860D– nizations of appropriate educational guide- 14,’’; and visited the Great Falls and imme- lines for physicians regarding the prescribing diately realized the potential of the (2) by inserting ‘‘, under such a qualified of benzodiazepines. retiree prescription drug plan,’’ after ‘‘(other falls for industrial applications and de- than under such section’’. By Mrs. BOXER: velopment. Hamilton was instrumental (b) EQUALIZATION OF SUBSIDIES.—Notwith- S. 146. A bill to require the Federal in creating the planned community in standing any other provision of law, the Sec- Government to purchase fuel efficient Paterson—the first of its kind nation- retary of Health and Human Services shall wide—centered on the Great Falls, and provide for such increase in the special sub- automobiles, and for other purposes; to sidy payment amounts under section 1860D– the Committee on Commerce, Science, industry thrived on the power gen- 22(a)(3) of the Social Security Act (42 U.S.C. and Transportation. erated by the falls. Rogers Locomotive 1395w–132(a)(3)) as may be appropriate to pro- Mrs. BOXER. Mr. President, last year Works, the premier steam locomotive vide for payments in the aggregate equiva- many Americans paid over $3—and in manufacturer of the 19th century, was
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S136 CONGRESSIONAL RECORD — SENATE January 4, 2007 located in the shadow of the falls, as (B) innovative engineering and technology, the public without a National Park System were many other vitally important including the successful use of water, a re- unit in Paterson. manufacturing enterprises. newable energy source, to power industry (b) PURPOSES.—The purposes of this Act President Ford recognized the impor- and manufacturing; are— (C) industrial production of goods not only (1) to establish a unit of the National Park tance of the area by declaring the falls for domestic consumption but also for inter- System in Paterson, New Jersey, consisting and its surroundings a ‘‘National His- national trade; and of the Historic District and historic toric Landmark’’ in 1976; he called the (D) meritocracy and opportunities for all. Hinchliffe Stadium; and falls ‘‘a symbol of the industrial might (6) Pierre L’Enfant’s water power system (2) to create partnerships among Federal, which helps to make the United States at Great Falls and the buildings erected State, and local governments, non-profit or- the most powerful nation in the around it over two centuries constitute the ganizations, and private donors to preserve, world.’’ Now, it is time that we recog- finest and most extensive remaining example enhance, interpret, and promote the cultural of engineering, planning, and architectural nize the importance of this historic sites, historic structures, and natural beauty works that span the entire period of Amer- of the Historic District and the historic area by making it New Jersey’s first ica’s growth into an industrial power. Hinchliffe Stadium for the benefit of present national park. This would be of special (7) A National Park Service unit in and future generations. importance because so few of our na- Paterson is necessary to give the American SEC. 3. DEFINITIONS. tional parks are in urban areas. I be- people an opportunity to appreciate the In this Act: lieve that it is time we acknowledge physical beauty and historical importance of (1) HISTORIC DISTRICT.—The term ‘‘Historic that many of our most significant na- the Historic District. District’’ means the Great Falls National (8) Congress and the National Park Service tional treasures are located in densely Historic District in Paterson, New Jersey, recognized the national significance of the consisting of approximately 118 acres, as populated areas, and creating a na- Historic District through listing on the Na- tional park in Paterson is an ideal op- specified in the National Register of Historic tional Register of Historic Places and des- Places. portunity to do just that. ignation as a National Historic Landmark (2) NATIONAL PARK.—The term ‘‘national and a National Historic District. I grew up in Paterson, and I have ap- park’’ means the Paterson Great Falls Na- (9) The Historic District is suitable for ad- preciated the majesty and beauty of tional Park established by section 4. dition to the National Park System be- the Great Falls for many years. By cre- (3) SECRETARY.—The term ‘‘Secretary’’ cause— ating a national park in Paterson, means the Secretary of the Interior. (A) the national park will promote themes (4) MANAGEMENT PLAN.—The term ‘‘man- more Americans can be exposed to the not adequately represented in National Park agement plan’’ means the integrated re- exceptional cultural, natural, and his- System, including aspects of African-Amer- source management plan prepared pursuant toric significance of the Great Falls, ican history and the inspiration Great Falls to section 6. and that is why I will passionately ad- has been for renowned American writers and (5) PARTNERSHIP.—The term ‘‘Partnership’’ artists; vocate for the passage of this bill. I means the Paterson Great Falls National have been delighted to again work with (B) the national park will promote civic engagement by attracting and engaging peo- Park Partnership established in section 7. my good friend, Congressman BILL ple who currently feel little or no connection (6) ADVISORY COUNCIL.—The term ‘‘Advi- PASCRELL—another longtime resident to National Parks or the founding fathers; sory Council’’ means the Paterson Great of Paterson—on this issue, as well as (C) the national park will interpret Amer- Falls National Park Advisory Council estab- with a bipartisan group of lawmakers ica’s developing history in the historical and lished pursuant to section 8. from my home State, all of whom be- global context; and SEC. 4. PATERSON GREAT FALLS NATIONAL lieve strongly in this cause. I urge my (D) the national park will foster partner- PARK. ships among federal, state and local govern- (a) ESTABLISHMENT.—There is established colleagues to support the passage of in Paterson, New Jersey, the Paterson Great this legislation, which is so important ments and private donors and non-profit or- ganizations. Falls National Park as a unit of the National to New Jersey and all of America. (10) The Historic District is a physically Park System. I ask unanimous consent that the and fiscally feasible site for a national park (b) BOUNDARIES.—The boundaries of the na- text of the bill be printed in the because— tional park shall be— RECORD. (A) all of the required natural and cultural (1) the Historic District as listed on the There being no objection, the text of resources are on property largely owned by National Register of Historic Places; and the bill was ordered to be printed in local government entities; (2) the historic Hinchliffe Stadium as list- ed on the National Register of Historic the RECORD, as follows: (B) it is of a manageable size; and (C) much of the funding will come from Places. S. 148 private donors and the State of New Jersey, SEC. 5. ADMINISTRATION. Be it enacted by the Senate and House of Rep- which has committed substantial sums of (a) IN GENERAL.—The national park shall resentatives of the United States of America in money to fund a state park that will assist be administered in partnership by the Sec- Congress assembled, in the funding of the national park. retary, the State of New Jersey, City of SECTION 1. SHORT TITLE. (11) The national park provides enormous Paterson and its applicable subdivisions, and This Act may be cited as the ‘‘Paterson potential for public use because its location others in accordance with the provisions of Great Falls National Park Act of 2007’’. and urban setting make it easily accessible law generally applicable to units of the Na- SEC. 2. FINDINGS AND PURPOSES. for millions of Americans. tional Park System (including the Act of Au- (a) FINDINGS.—Congress finds the fol- (12) The historic Hinchliffe stadium, adja- gust 25, 1916 (16 U.S.C. 1 et seq.) and the Act lowing: cent to the Historic District, was home to of August 21, 1935 (16 U.S.C. 461 et seq.)), and (1) The Great Falls Historic District in the New York Black Yankees for many in accordance with the management plan. Paterson, New Jersey is the site Alexander years, including 1933 when it hosted the Col- (b) STATE AND LOCAL JURISDICTION.—Noth- Hamilton selected to implement his vision of ored Championship of the Nation, and it was ing in this section shall be construed to di- American economic independence and trans- added to the National Register of Historic minish, enlarge, or modify any right of the form a rural agrarian society based on slav- Places by the National Park Service in 2004. State of New Jersey or any political subdivi- ery into a global economy based on freedom. (13) Larry Doby played in Hinchliffe Sta- sion thereof to exercise civil and criminal ju- (2) President Ford announced the designa- dium both as a star high school athlete and risdiction or to carry out State laws, rules, tion of the Historic District as a National again as Negro League player, shortly before and regulations within the national park. Historic Landmark in 1976 and declared it ‘‘a becoming the first African-American to play (c) COOPERATIVE AGREEMENTS.— symbol of the industrial might which helps in the American League. (1) The Secretary may consult and enter to make America the most powerful nation (14) A National Park Service unit, in part- into cooperative agreements with the State in the world’’. nership with private donors and state and of New Jersey or its political subdivisions to (3) The Historic District was established as local governments, represents the most ef- acquire from and provide to the State or its a National Historic District in 1996. fective and efficient method of preserving political subdivisions goods and services to (4) Exceptional natural and cultural re- the Historic District for the public. be used in the cooperative management of sources make the Historic District America’s (15) A National Park Service unit in lands within the national park, if the Sec- only National Historic District that contains Paterson is necessary to give the Historic retary determines that appropriations for both a National Historic Landmark and a District the continuity and professionalism that purpose are available and the agree- National Natural Resource. required to attract private donors from ment is in the best interest of the United (5) The Historic District embodies Hamil- across the country. States. ton’s vision of an American economy based (16) Though the State of New Jersey will be (2) The Secretary, after consultation with on— a strong partner with a significant financial the Partnership, may enter into cooperative (A) diverse industries to avoid excessive re- commitment, the State alone cannot pre- agreements with owners of property of na- liance on any single manufactured product; serve the Historic District and present it to tionally significant historic or other cultural
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S137 resources within the national park in order (1) Consult on a regular basis with appro- Vice Chairperson shall be one year. The Vice to provide for interpretive exhibits or pro- priate officials of any local government or Chairperson shall serve as chairperson in the grams. Such agreements shall provide, when- Federal or State agency which has jurisdic- absence of the Chairperson. ever appropriate, that— tion over lands within the national park. (3) VACANCIES.—A vacancy in the Partner- (A) the public may have access to such (2) Consult with interested conservation, ship shall be filled in the same manner in property at specified, reasonable times for business, professional, and citizen organiza- which the original appointment was made. purposes of viewing property or exhibits or tions. (4) TERMS.—Terms of service— attending programs established by the Sec- (3) Conduct public hearings or meetings for (A) members of the Partnership shall serve retary under this subsection; and the purposes of providing interested persons for terms of 3 years and may be reappointed (B) no changes or alterations shall be made with the opportunity to testify with respect not more than once; and in the properties, except by mutual agree- to matters to be addressed by the manage- (B) a member may serve after the expira- ments between the Secretary and the other ment plan. tion of his or her term until a successor has parties to the agreements. (d) APPROVAL OF THE MANAGEMENT PLAN.— been appointed. (d) CONSTRUCTION OF FACILITIES ON NON- (1) IN GENERAL.—The Partnership shall sub- (5) DEADLINE.—The Secretary shall appoint FEDERAL LANDS.—In order to facilitate the mit the management plan to the Governor of the first members of the Partnership within administration of the national park, the Sec- New Jersey for review. The Governor shall 30 days after the date on which the Secretary retary is authorized, subject to the avail- have 90 days to review and make any rec- has received all of the recommendations for ability of appropriated funds, to construct ommendations regarding the management appointment pursuant to subsection (b)(1). essential administrative or visitor use facili- plan. After considering the Governor’s rec- (c) COMPENSATION.—Members of the Part- ties on non-Federal public lands within the ommendations, if any, the Partnership shall nership shall serve without pay, but while national park. Such facilities and the use submit the plan to the Secretary, who shall away from their homes or regular places of thereof shall be in conformance with applica- approve or disapprove the plan not later business in the performance of services for ble plans than 90 days after receiving the management the Partnership, members shall be allowed (e) OTHER PROPERTY, FUNDS, AND SERV- plan from the Partnership. In reviewing the travel expenses, including per diem in lieu of ICES.—The Secretary may accept and use do- management plan, the Secretary shall con- subsistence, in the same manner as persons nated funds, property, and services to carry sider each of the following: employed intermittently in Federal Govern- out this section. (A) The adequacy of public participation. ment service are allowed expenses under sec- (f) MANAGEMENT IN ACCORDANCE WITH INTE- (B) Assurances from State and local offi- tion 5703 of title 5, United States Code. GRATED MANAGEMENT PLAN.—The Secretary (d) MEETINGS.—The Partnership shall meet shall preserve, interpret, manage, and pro- cials regarding implementation of the man- at the call of the Chairperson or a majority vide educational and recreational uses for agement plan. of its members. the national park, in consultation with the (C) The adequacy of regulatory and finan- (e) QUORUM.—A majority of the Partner- owners and managers of lands in the na- cial tools that are in place to implement the management plan. ship shall constitute a quorum. tional park, in accordance with the manage- (f) STAFF.—The Secretary shall provide the (2) DISAPPROVAL.—If the Secretary dis- ment plan. Partnership with such staff and technical as- SEC. 6. INTEGRATED RESOURCE MANAGEMENT approves the management plan, the Sec- retary shall, not later than 60 days after the sistance as the Secretary, after consultation PLAN. with the Partnership, considers appropriate (a) IN GENERAL.—Not later than 3 years date of such disapproval, submit to the Part- nership in writing the reasons for the dis- to enable the Partnership to carry out its du- after the date of the enactment of this Act, ties. The Secretary may accept the services the Partnership shall submit to the Sec- approval and recommendations for revision. of personnel detailed from the State of New retary a management plan for the national Not later than 90 days after receipt of such Jersey, any political subdivision of the park to be developed and implemented by notice of disapproval and recommendations, State, or any entity represented on the Part- the Partnership. the Partnership shall revise and resubmit nership. (b) CONTENTS.—The management plan shall the management plan to the Secretary who (g) HEARINGS.—The Partnership may hold include, at a minimum, each of the fol- shall approve or disapprove the revision not such hearings, sit and act at such times and lowing: later than 60 days after receiving the revised places, take such testimony, and receive (1) A program providing for coordinated ad- management plan. such evidence as the Partnership may deem ministration of the national park with pro- (3) RESULT OF FAILURE TO APPROVE OR DIS- appropriate. posed assignment of responsibilities to the APPROVE.—If the Secretary does not take ac- (h) DONATIONS.—Notwithstanding any appropriate governmental unit at the Fed- tion within the deadlines set forth in para- other provision of law, the Partnership may eral, State, and local levels, and nonprofit graphs (1) or (2), the plan shall be deemed to seek and accept donations of funds, property, organizations, including each of the fol- have been approved. or services from individuals, foundations, lowing: (e) Prior to adoption of the Partnership’s corporations, and other private and public (A) A plan to finance and support the pub- plan, the Secretary and the Partnership entities for the purpose of carrying out this lic improvements and services recommended shall assist the owners and managers of section. in the management plan, including alloca- lands within the national park to ensure (i) USE OF FUNDS TO OBTAIN MONEY.—The tion of non-Federal matching requirements that existing programs, services, and activi- Partnership may use its funds to obtain and a delineation of profit sector roles and ties that promote the purposes of this sec- money from any source under any program responsibilities. tion are supported. or law requiring the recipient of such money (B) A program for the coordination and SEC. 7. PATERSON GREAT FALLS NATIONAL PARK to make a contribution in order to receive consolidation, to the extent feasible, of ac- PARTNERSHIP. such money. tivities that may be carried out by Federal, (a) ESTABLISHMENT.—There is hereby es- (j) MAILS.—The Partnership may use the State, and local agencies having jurisdiction tablished the Paterson Great Falls National United States mails in the same manner and over land within the national park, including Historical Park Partnership whose purpose upon the same conditions as other depart- planning and regulatory responsibilities. shall be to coordinate the activities of Fed- ments and agencies of the United States. (2) Policies and programs for the following eral, State, and local authorities and the pri- (k) OBTAINING PROPERTY.—The Partnership purposes: vate sector in the development and imple- may obtain by purchase, rental, donation, or (A) Enhancing public recreational and cul- mentation of the management plan. otherwise, such property, facilities, and serv- tural opportunities in the national park. (b) MEMBERSHIP.— ices as may be needed to carry out its duties, (B) Conserving, protecting, and maintain- (1) IN GENERAL.—The Commission shall be except that the Partnership may not acquire ing the scenic, historical, cultural, and nat- composed of 13 members appointed by the any real property or interest in real prop- ural values of the national park. Secretary, of whom— erty. (C) Developing educational opportunities (A) 4 members shall be appointed by the (l) COOPERATIVE AGREEMENTS.—For pur- in the national park. Secretary from nominees submitted by the poses of carrying out the management plan, (D) Enhancing public access to the na- Governor of the State of New Jersey; the Partnership may enter into cooperative tional park, including development of trans- (B) 2 members shall be appointed by the agreements with the State of New Jersey, portation networks. Secretary from nominees submitted by the any political subdivision thereof, or with any (E) Identifying potential sources of rev- City Council of Paterson; organization or person. enue from programs or activities carried out (C) 2 members shall be appointed by the SEC. 8. PATERSON GREAT FALLS NATIONAL PARK within the national park. Secretary from the Paterson Great Falls Na- ADVISORY COUNCIL. (F) Protecting and preserving sites with tional Park Advisory Board; and (a) ESTABLISHMENT.—The Secretary, acting historical, cultural, natural, Native Amer- (D) 1 member shall be appointed by the through the Director of the National Park ican and African American significance. Secretary from nominees submitted by the Service, shall establish an advisory com- (3) A policy statement that recognizes ex- Board of Chosen Freeholders of Passaic mittee to be known as the Paterson Great isting economic activities within the na- County, New Jersey. Falls National Park Advisory Council. The tional park. (2) CHAIRPERSON; VICE CHAIRPERSON.—The purpose of the Advisory Council shall be to (c) CONSULTATION AND PUBLIC HEARINGS.— Partnership shall elect one of its members as represent various groups with interests in In developing the management plan, the Chairperson and one as Vice Chairperson. the National Park and make recommenda- Partnership shall: The term of office of the Chairperson and tions to the Partnership on issues related to
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S138 CONGRESSIONAL RECORD — SENATE January 4, 2007 the development and implementation of the By Mrs. FEINSTEIN (for herself the Southern District of Texas, wiped management plan. The Advisory Council is and Mr. SESSIONS): clean the criminal record of Enron encouraged to establish committees relating S. 149. A bill to address the effect of founder Kenneth Lay, even after a jury to specific National Park management the death of a defendant in Federal issues, such as education, tourism, transpor- and judge had unanimously found him tation, natural resources, cultural and his- criminal proceedings; to the Com- guilty of 10 criminal charges, including toric resources, and revenue raising activi- mittee on the Judiciary. securities fraud, wire fraud involving ties. Participation on any such committee Mrs. FEINSTEIN. Mr. President, false and misleading statements, bank shall not be limited to members of the Advi- today I am pleased to join Senator SES- fraud and conspiracy. sory Council. SIONS in re-introducing the ‘‘Preserving The decision to dismiss Mr. Lay’s (b) MEMBERSHIP.—The Advisory Council Crime Victims’ Restitution Act.’’ The conviction was not based on any error shall consist of not fewer than 15 individuals, Act would clarify the rule of law and in the trial, suggestion of unfairness in to be appointed by the Secretary, acting through the Director of the National Park procedures that should be applied when the proceedings, or allegation of his in- Service. The Secretary shall appoint no a criminal defendant, such as former nocence. Instead, it was simply based fewer than 3 individuals to represent each of Enron CEO Kenneth Lay, dies after he on the fact that Mr. Lay died before his the following categories of entities: has been duly convicted, but before his conviction had been affirmed on ap- (1) Municipalities. appeals are final. peal, under a common law rule known (2) Educational and cultural institutions. This bill passed the Senate unani- as ‘‘abatement.’’ (3) Environmental organizations. mously at the end of the 109th Con- In other words, the order essentially (4) Business and commercial entities, in- gress, but unfortunately it was not meant that Mr. Lay was ‘‘convicted cluding those related to transportation and tourism. taken up by the House. Except for but not guilty’’—‘‘innocent by reason (5) Organizations representing African minor, technical corrections, this new of his death.’’ American and Native American interests in bill is the same as what the Senate Judge Lake granted this dismissal the Historic District. passed in the last Congress, and I urge even in the face of DOJ Enron Task (c) PROCEDURES.—Each meeting of the Ad- my colleagues to speedily pass this Force filings, which noted how Mr. visory Council and its committees shall be bill, as you did before, so that it can be Lay’s conviction ‘‘provided the basis open to the public. enacted into law. for the likely disgorgement of fraud (d) FACA.—The provisions of section 14 of the Federal Advisory Committee Act (5 As I mentioned when I introduced proceeds totaling tens of millions of U.S.C. App.) are hereby waived with respect this bill last fall, we have worked dollars.’’ In other words, the dismissal to the Advisory Council. closely with the Department of Justice meant that millions of dollars that the SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE. in crafting this legislation, and have jury found was obtained by Mr. Lay il- The Secretary may provide to any owner of used much of DOJ’s suggested lan- legally at the expense of former Enron property within the National Park con- guage. DOJ fully supports the prin- employees and shareholders, would re- taining nationally significant historic or ciples contained in this bill, and has in- main untouched in the Lay estate. cultural resources, in accordance with coop- dicated that it supports fixing this erative agreements or grant agreements, as These employees and shareholders will appropriate, such financial and technical as- problem now to ensure that, despite a now find it much harder to lay claim to sistance to mark, interpret, and restore non- defendant’s death, hard-won convic- these ill-gotten gains held by Mr. Lay’s Federal properties within the National Park tions are preserved so that restitution estate, because they will be unable to as the Secretary determines appropriate to remains available for the victims of point to his criminal conviction as carry out the purposes of this Act, provided crime. proof of his wrongdoing. that— This bill would establish that, if a de- I do not fault Judge Lake for issuing (1) the Secretary, acting through the Na- fendant dies after being convicted of a this order. He made it clear that he tional Park Service, shall have right of ac- federal offense, his conviction will not was simply following the binding cess at reasonable times to public portions of the property covered by such agreements for be vacated. Instead, the court will be precedent issued in 2004 by the full U.S. the purpose of conducting visitors through directed to issue a statement that the Court of Appeals for the 5th Circuit, in such properties and interpreting them to the defendant was convicted—either by a a case called United States v. Estate of public; and guilty plea or a verdict finding him Parsons. (2) no changes or alterations shall be made guilty—but then died before his case or But as I noted in a letter I wrote to in such properties except by mutual agree- appeal was final. Attorney General Gonzales on October ment between the Secretary and the other It would codify the current rule that 20, 2006, the Fifth Circuit’s Parsons de- parties to the agreements. no further punishments can be imposed cision goes far beyond the traditional SEC. 10. ACQUISITION OF LAND. on a person who is convicted if they die rule of law in this area. While the com- (a) GENERAL AUTHORITY.—The Secretary may acquire land or interests in land within before a sentence is imposed or they mon-law doctrine of abatement has his- the boundaries of the National Park by dona- have an opportunity to appeal their torically wiped out ‘‘punishments’’ fol- tion, purchase with donated or appropriated conviction. It would clarify that, un- lowing a criminal defendant’s death, funds, or exchange. like punishment, other relief (such as the Supreme Court has never held that (b) STATE PROPERTY.—Property owned by restitution to the victims) that could it must also wipe out a victim’s right the State of New Jersey or any political sub- have been sought against a convicted to other forms of relief such as restitu- division of the State may be acquired only defendant can continue to be pursued tion, which simply compensate third by donation. (c) CONSENT.—No lands or interests therein and collected after the defendant’s parties who were injured by criminal within the boundaries of the park may be ac- death. It would establish a process to misconduct. quired without the consent of the owner, un- ensure that after a person dies, a rep- As the six dissenters in Parsons less the Secretary determines that the land resentative of his estate can challenge noted, the majority’s ‘‘ ‘finality ration- is being developed, or is proposed to be devel- or appeal his conviction if they want, ale’ is a completely novel judicial cre- oped, in a manner which is detrimental to and can also secure a lawyer—either on ation which has not been embraced or the natural, scenic, historic, and other val- their own or by having one appointed even suggested by . . . other courts.’’ ues for which the park is established. and, if the Government had filed a The Third and Fourth Circuits, for ex- SEC. 11. AUTHORIZATION OF APPROPRIATIONS. criminal forfeiture action—in which it ample, have expressly refused to take (a) IN GENERAL.—There are authorized to be appropriated such sums as may be nec- had sought to reach the defendant’s as- this position, and upheld a restitution essary to carry out this section, provided sets that were linked to his crimes— order after a criminal defendant’s that no funds may be appropriated for land the Government would get an extra 2 death. acquisition. years after the defendant’s death to file The Parsons decision was remarkable (b) MATCHING REQUIREMENT.—Amounts ap- a civil forfeiture lawsuit so that it in several other respects, including the propriated in any fiscal year to carry out could try to recover those same assets fact that (as the dissenters noted), its this section may only be expended on a new rule of law was apparently inspired matching basis in a ration of at least 3 non- in a different, and traditionally-accept- Federal dollars to every Federal dollar. The ed manner. by a single law review article. That non-Federal share of the match may be in The need for this legislation was viv- academic piece boldly claimed that a the form of cash, services, or in-kind con- idly demonstrated on October 17, 2006, criminal defendant’s right of appeal is tributions, fairly valued. when U.S. District Judge Sim Lake, of ‘‘evolving into a constitutional right,’’
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S139 and suggested that a conviction untest- an unacceptable outcome. That is why ‘‘(i) shall terminate any term of probation, ed by appellate review is unreliable and I am introducing this bill to prevent supervision, or imprisonment, and shall ter- illegitimate. This notion runs contrary further injustices like this from ever minate the liability of that defendant to pay any amount remaining due of a criminal for- to the traditional rule applied in vir- happening again. feiture, of a fine under section 3613(b), or of tually every other context—where a While I have no desire for our Gov- a special assessment under section 3013; and jury’s findings are typically respected ernment to punish a criminal defend- ‘‘(ii) shall not require return of any portion under the law. ant who dies, the calculation should be of any criminal forfeiture, fine, or special as- Of course a defendant is presumed in- different when we are determining how sessment already paid. nocent at the outset of his case. After to make up for harm suffered by other ‘‘(3) RESTITUTION.— a jury has deliberated and unanimously innocent victims. ‘‘(A) DEATH BEFORE SENTENCE ANNOUNCED.— issued a formal finding of guilt, how- This legislation offers a fair solution If a defendant dies after a plea of guilty or and orderly process in the event that a nolo contendere has been accepted or a ver- ever, that presumption of innocence no dict has been returned and before a sentence longer stands. criminal defendant dies prior to his has been announced, the court shall, upon a The Parsons ‘‘finality’’ rationale final appeal. motion under subsection (c)(2) by the Gov- even raises the possibility that a de- The time has come for Congress to ernment or any victim of that defendant’s fendant who fully admitted his wrong- end this injustice—hopefully, by acting crime, commence a special restitution pro- doing and pleaded guilty, but who then quickly enough to assist these Enron ceeding at which the court shall adjudicate died while an appeal of his sentence victims, but in any event in a way that and enter a final order of restitution against was pending, could have his entire will solve the problems that the Lay the estate of that defendant in an amount equal to the amount that would have been criminal conviction erased. dismissal so starkly illustrated. imposed if that defendant were alive. In fact, that has already occurred, in I urge my colleagues in the Senate to ‘‘(B) DEATH AFTER SENTENCING OR JUDG- the 1994 case of United States v. Pogue, quickly pass this bill, as you did in the MENT.—The death of a defendant after a sen- where the D.C. Circuit ordered the dis- 109th Congress, so that we can enact it tence has been announced shall not be a missal of a conviction of a defendant into law in the 110th Congress. basis for abating or otherwise invalidating whose appeal was pending—even I ask unanimous consent that the restitution announced at sentencing or or- though the docketing statement had text of the bill be printed in the dered after sentencing under section 3664(d)(5) of this title or any other provision said that the defendant intended to RECORD. There being no objection, the text of of law. challenge only his sentence, and not ‘‘(4) CIVIL PROCEEDINGS.—The death of a de- his underlying conviction. the bill was ordered to be printed in fendant after a plea of guilty or nolo Following Judge Lake’s decision, I the RECORD, as follows: contendere has been accepted, a verdict re- sent a letter to the Attorney General, S. 149 turned, a sentence announced, or a judgment asking him to appeal the order and Be it enacted by the Senate and House of Rep- entered, shall not prevent the use of that continue the fight for Enron victims. resentatives of the United States of America in plea, verdict, sentence, or judgment in civil Unfortunately, the Justice Department Congress assembled, proceedings, to the extent otherwise per- SECTION 1. SHORT TITLE. mitted by law. decided in November to withdraw its ‘‘(c) APPEALS, MOTIONS, AND PETITIONS.— This Act may be cited as the ‘‘Preserving appeal, leaving it up to the victims ‘‘(1) IN GENERAL.—Except as provided in Crime Victims’ Restitution Act of 2007’’. themselves to pursue any further re- paragraph (2), after the death of a defendant SEC. 2. EFFECT OF DEATH OF A DEFENDANT IN convicted in a criminal case— lief. FEDERAL CRIMINAL PROCEEDINGS. ‘‘(A) no appeal, motion, or petition by or I am very disappointed in this deci- (a) IN GENERAL.—Subchapter A of chapter on behalf of that defendant or the personal sion. These victims have had their live- 227 of title 18, United States Code, is amend- representative or estate of that defendant, lihoods and retirement stripped from ed by adding at the end the following: the Government, or a victim of that defend- them, and they deserved a Justice De- ‘‘§ 3560. Effect of death of a defendant in Fed- ant’s crime seeking to challenge or reinstate partment that was willing to fight vig- eral criminal proceedings a plea of guilty or nolo contendere accepted, orously to protect their interests. ‘‘(a) GENERAL RULE.—Notwithstanding any a verdict returned, a sentence announced, or Enron’s collapse in 2001 wiped out other provision of law, the death of a defend- a judgment entered prior to the death of that thousands of jobs, more than $60 billion ant who has been convicted of a Federal defendant shall be filed in that case after the in market value, and more than $2 bil- criminal offense shall not be the basis for death of that defendant; and lion in pension plans. When America’s abating or otherwise invalidating a plea of ‘‘(B) any pending motion, petition, or ap- seventh largest company crumbled into guilty or nolo contendere accepted, a verdict peal in that case shall be dismissed with the returned, a sentence announced, or a judg- notation that the dismissal is due to the bankruptcy after its accounting tricks ment entered prior to the death of that de- death of the defendant. could no longer hide its billions in fendant, or for dismissing or otherwise in- ‘‘(2) EXCEPTIONS.— debt, countless former Enron employ- validating the indictment, information, or ‘‘(A) RESTITUTION.—If a defendant dies ees and shareholders lost their entire complaint on which such a plea, verdict, sen- after being convicted in a criminal case but life savings after investing in Enron’s tence, or judgment is based, except as pro- prior to sentencing or the exhaustion or 401(k) plan. vided in this section. waiver of direct appeal, the personal rep- Many of these Enron victims have ‘‘(b) DEATH AFTER PLEA OR VERDICT.— resentative of that defendant, the Govern- been following closely the years of ‘‘(1) ENTRY OF JUDGMENT.—If a defendant ment, or any victim of that defendant’s dies after a plea of guilty or nolo contendere crime may file or pursue an otherwise per- preparation by the Enron Task Force, has been accepted or a verdict has been re- missible direct appeal, petition for man- and the four-month jury trial and sepa- turned, but before judgment is entered, the damus or a writ of certiorari, or an other- rate one-week bench trial, hoping to fi- court shall enter a judgment incorporating wise permissible motion described in section nally recover some restitution in this the plea of guilty or nolo contendere or the 3663, 3663A, 3664, or 3771, to the extent that criminal case. And despite Mr. Lay’s verdict, with the notation that the defendant the appeal, petition, or motion raises an oth- vigorous efforts to avoid being held ac- died before the judgment was entered. erwise permissible claim to— countable for his actions, a conviction ‘‘(2) PUNITIVE SANCTIONS.— ‘‘(i) obtain, in a special restitution pro- was finally secured. ‘‘(A) DEATH BEFORE SENTENCE ANNOUNCED.— ceeding, a final order of restitution under If a defendant dies after a plea of guilty or subsection (b)(3); Yet now these people have essen- nolo contendere has been accepted or a ver- ‘‘(ii) enforce, correct, amend, adjust, rein- tially been victimized again. They will dict has been returned and before a sentence state, or challenge any order of restitution; be forced to start all over in their ef- has been announced, no sentence of proba- or forts to get back some portion of the tion, supervision, or imprisonment may be ‘‘(iii) challenge or reinstate a verdict, plea pension funds on which they expected imposed, no criminal forfeiture may be or- of guilty or nolo contendere, sentence, or to subsist, and the other hard-earned dered, and no liability for a fine or special judgment on which— assets that will remain beyond their assessment may be imposed on the defendant ‘‘(I) a restitution order is based; or reach, despite the unanimous, hard- or the defendant’s estate. ‘‘(II) restitution is being or will be sought ‘‘(B) DEATH AFTER SENTENCING OR JUDG- by an appeal, petition, or motion under this fought verdicts finding Mr. Lay guilty MENT.—The death of a defendant after a sen- paragraph. of all ten counts with which he had tence has been announced or a judgment has ‘‘(B) OTHER CIVIL ACTIONS AFFECTED.—If a been charged. been entered, and before that defendant has defendant dies after being convicted in a I believe in situations like this, leav- exhausted or waived the right to a direct ap- criminal case but prior to sentencing or the ing the victims without this recourse is peal— exhaustion or waiver of direct appeal, the
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S140 CONGRESSIONAL RECORD — SENATE January 4, 2007 personal representative of that defendant, ‘‘(ii) where applicable, the date of the ap- or circumstance is held to be unconstitu- the Government, or any victim of that de- pointment of counsel for that personal rep- tional, the remainder of the provisions of fendant’s crime may file or pursue an other- resentative. this Act, the amendments made by this Act, wise permissible direct appeal, petition for ‘‘(D) RESTITUTION.—If restitution has not and the application of such provisions or mandamus or a writ of certiorari, or an oth- been fully collected on the date on which a amendments to any person or circumstance erwise permissible motion under the Federal defendant convicted in a criminal case dies— shall not be affected. Rules of Criminal Procedure, to the extent ‘‘(i) any amount owed under a restitution that the appeal, petition, or motion raises an order (whether issued before or after the By Mrs. BOXER (for herself, Mrs. otherwise permissible claim to challenge or death of that defendant) shall be collectible FEINSTEIN, and Mr. LAUTEN- reinstate a verdict, plea of guilty or nolo from any property from which the restitu- BERG): contendere, sentence, or judgment that the tion could have been collected if that defend- S. 150. A bill to amend the safe appellant, petitioner, or movant shows by a ant had survived, regardless of whether that Drinking Water Act to protect the preponderance of the evidence is, or will be, property is included in the estate of that de- health of pregnant women, fetuses, in- material in a pending or reasonably antici- fendant; pated civil proceeding, including civil for- ‘‘(ii) any restitution protective order in ef- fants, and children by requiring a feiture proceedings. fect on the date of the death of that defend- health advisory and drinking water ‘‘(C) COLLATERAL CONSEQUENCES.— ant shall continue in effect unless modified standard for perchlorate; to the Com- ‘‘(i) IN GENERAL.—Except as provided in by the court after hearing or pursuant to a mittee on Environment and Public subparagraphs (A) and (B), the Government motion by the personal representative of Works. may not restrict any Federal benefits or im- that defendant, the Government, or any vic- Mrs. BOXER. Mr. President, today I pose collateral consequences on the estate or tim of that defendant’s crime; and am introducing legislation that would a family member of a deceased defendant ‘‘(iii) upon motion by the Government or order EPA to promptly establish a based solely on the conviction of a defendant any victim of that defendant’s crime, the who died before that defendant exhausted or court shall take any action necessary to pre- health advisory and then a drinking waived the right to direct appeal unless, not serve the availability of property for restitu- water standard for perchlorate. I am later than 90 days after the death of that de- tion under this section. pleased that the Senior Senator from fendant, the Government gives notice to that ‘‘(e) FORFEITURE.— California, Mrs. FEINSTEIN, and the estate or family member of the intent of the ‘‘(1) IN GENERAL.—Except as provided in Senior Senator from New Jersey, Mr. Government to take such action. paragraph (2), the death of an individual does LAUTENBERG, have joined as original ‘‘(ii) PERSONAL REPRESENTATIVE.—If the not affect the Government’s ability to seek, cosponsors of this measure. Government gives notice under clause (i), or to continue to pursue, civil forfeiture of This legislation will require the U.S. property as authorized by law. the court shall appoint a personal represent- Environmental Protection Agency ative for the deceased defendant that is the ‘‘(2) TOLLING OF LIMITATIONS FOR CIVIL FOR- subject of that notice, if not otherwise ap- FEITURE.—Notwithstanding the expiration of (EPA) to establish a standard for per- pointed, under section (d)(2)(A). any civil forfeiture statute of limitations or chlorate contamination in drinking ‘‘(iii) TOLLING.—If the Government gives any time limitation set forth in section water supplies by December 31, 2007. notice under clause (i), any filing deadline 983(a) of this title, not later than the later of EPA still has not committed to estab- that might otherwise apply against the de- the time period otherwise authorized by law lishing a tap water standard for this fendant, the estate of the defendant, or a and 2 years after the date of the death of an widespread contaminant, decades after family member of the defendant shall be individual against whom a criminal indict- learning that perchlorate is a problem ment alleging forfeiture is pending, the Gov- tolled until the date of the appointment of in our drinking water. that defendant’s personal representative ernment may commence civil forfeiture pro- under clause (ii). ceedings against any interest in any prop- Perchlorate is a clear and present ‘‘(3) BASIS.—In any appeal, petition, or mo- erty alleged to be forfeitable in the indict- danger to California’s and much of tion under paragraph (2), the death of the de- ment of that individual. America’s health. We cannot wait any fendant shall not be a basis for relief. ‘‘(f) DEFINITIONS.—In this section— longer to address this threat. EPA ‘‘(1) the term ‘accepted’, relating to a plea ‘‘(d) PROCEDURES REGARDING CONTINUING needs to get moving and protect our of guilty or nolo contendere, means that a LITIGATION.— drinking water now. court has determined, under rule 11(b) of the ‘‘(1) IN GENERAL.—The standards and proce- Drinking water sources for more dures for a permitted appeal, petition, mo- Federal Rules of Criminal Procedure, that than 20 million Americans are con- the plea is voluntary and supported by a fac- tion, or other proceeding under subsection taminated with perchlorate. Per- (c)(2) shall be the standards and procedures tual basis, regardless of whether final ac- ceptance of that plea may have been deferred chlorate is the main ingredient in otherwise provided by law, except that the rocket fuel, which accounts for 90 per- personal representative of the defendant pending review of a presentence report or shall be substituted for the defendant. otherwise; cent of its use. Perchlorate is also used ‘‘(2) the term ‘announced’, relating to a ‘‘(2) SPECIAL PROCEDURES.—If continuing for ammunition, fireworks, highway litigation is initiated or could be initiated sentence, means that the sentence has been safety flares, air bags, and fertilizers. under subsection (c)(2), the following proce- orally stated in open court; It dissolves readily in many liquids, in- dures shall apply: ‘‘(3) the term ‘convicted’ refers to a defend- cluding water, and moves easily and ant— ‘‘(A) NOTICE AND APPOINTMENT OF PERSONAL ‘‘(A) whose plea of guilty or nolo quickly through the ground. REPRESENTATIVE.—The district court before Perchlorate was first discovered in which the criminal case was filed (or the ap- contendere has been accepted; or ‘‘(B) against whom a verdict of guilty has drinking water in 1957, and at the lat- pellate court if the matter is pending on di- est in the mid-1980s, EPA was aware rect appeal) shall— been returned; ‘‘(i) give notice to any victim of the con- ‘‘(4) the term ‘direct appeal’ means an ap- that perchlorate contaminates drink- victed defendant under section 3771(a)(2), and peal filed, within the period provided by rule ing water. Since 1997, when California to the personal representative of that de- 4(b) of the Federal Rules of Appellate Proce- developed a new, more sensitive testing fendant or, if there is none, the next of kin dure, from the entry of the judgment or method that can detect perchlorate of that defendant; and order of restitution, including review by the down to 4 parts per billion, perchlorate Supreme Court of the United States; and ‘‘(ii) appoint a personal representative for has been found in soil, groundwater, that defendant, if not otherwise appointed. ‘‘(5) the term ‘returned’, relating to a ver- dict, means that the verdict has been orally and surface water throughout the U.S. ‘‘(B) COUNSEL.—Counsel shall be appointed According to a May 2005 report from for the personal representative of a defend- stated in open court.’’. ONFORMING AMENDMENT.—The table of ant convicted in a criminal case who dies if (b) C the Government Accountability Office, sections for chapter 227 of title 18, United counsel would have been available to that perchlorate contamination has been de- States Code, is amended by adding at the end defendant, or if the personal representative tected in water and soil at almost 400 the following: of that defendant requests counsel and other- sites in the U.S., with levels ranging wise qualifies for the appointment of coun- ‘‘3560. Effect of death of a defendant in Fed- from 4 parts per billion to millions of sel, under section 3006A. eral criminal proceedings.’’. parts per billion. ‘‘(C) TOLLING.—The court shall toll any ap- SEC. 3. EFFECTIVE DATE. GAO also said that limited EPA data plicable deadline for the filing of any mo- The amendments made by this Act shall show that perchlorate has polluted 35 apply to any criminal case or appeal pending tion, petition, or appeal during the period be- States and the District of Columbia, ginning on the date of the death of a defend- on or after July 1, 2007. ant convicted in a criminal case and ending SEC. 4. SEVERABILITY. and is known to have contaminated 153 on the later of— If any provision of this Act, any amend- public water systems in 26 States. ‘‘(i) the date of the appointment of that de- ment made by this Act, or the application of Those data likely underestimate total fendant’s personal representative; or such provision or amendment to any person exposure, as illustrated by the finding
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S141 of the California Department of Health I ask unanimous consent that the below the levels of the women in the study Services that perchlorate contamina- text of my bill be printed in the described in subparagraph (A); and tion has affected at least 276 drinking RECORD. (10) the Environmental Protection Agency There being no objection, the text of has not established a health advisory or na- water wells sources and 77 drinking tional primary drinking water regulation for water systems in California alone. the bill was ordered to be printed in perchlorate, but instead established a The Food and Drug Administration the RECORD, as follows: ‘‘Drinking Water Equivalent Level’’ of 24.5 and other scientific researchers have S. 150 parts per billion for perchlorate, which— detected perchlorate in the United Be it enacted by the Senate and House of Rep- (A) does not take into consideration all States food supply, including in let- resentatives of the United States of America in routes of exposure to perchlorate; tuce, milk, cucumbers, tomatoes, car- Congress assembled, (B) has been criticized by experts as failing SECTION 1. SHORT TITLE. to sufficiently consider the body weight, rots, cantaloupe, wheat, and spinach, unique exposure, and vulnerabilities of cer- and in human breast milk. This Act may be cited as the ‘‘Protecting Pregnant Women and Children From Per- tain pregnant women and fetuses, infants, Perchlorate can harm human health, chlorate Act of 2007’’. and children; and especially in pregnant women and chil- SEC. 2. FINDINGS AND PURPOSES. (C) is based primarily on a small study and does not take into account new, larger stud- dren, by interfering with thyroid gland, (a) FINDINGS.—Congress finds that— which is needed to produce important (1) perchlorate— ies of the Centers for Disease Control and hormones that help control human (A) is a chemical used as the primary in- Prevention or other data indicating poten- tial effects at lower perchlorate levels than health and development. The thyroid gredient of solid rocket propellant; (B) is also used in fireworks, road flares, previously found. helps to ensure children’s proper men- (b) PURPOSES.—The purposes of this Act and other applications. tal and physical development, in addi- are— (2) waste from the manufacture and im- (1) to require the Administrator of the En- tion to helping to control metabolism. proper disposal of chemicals containing per- vironmental Protection Agency to establish, Thyroid problems in expectant mothers chlorate is increasingly being discovered in by not later than 90 days after the date of en- or infants can affect babies, and result soil and water; actment of this Act, a health advisory for in delayed development and decreased (3) according to the Government Account- perchlorate in drinking water that fully pro- ability Office, perchlorate contamination learning capability. tects pregnant women, fetuses, infants, and has been detected in water and soil at almost The largest and most comprehensive children, taking into consideration body 400 sites in the United States, with con- study to date on the effects of low lev- weight and exposure patterns and all routes centration levels ranging from 4 parts per of exposure to perchlorate; and els of perchlorate exposure in women billion to millions of parts per billion; (2) to require the Administrator of the En- was recently published by researchers (4) the Government Accountability Office vironmental Protection Agency to establish from the Centers for Disease Control has determined that the Environmental Pro- promptly a national primary drinking water and Prevention (CDC). CDC found that tection Agency does not centrally track or regulation for perchlorate that fully protects monitor perchlorate detections or the status there were significant changes in thy- pregnant women, fetuses, infants, and chil- of perchlorate cleanup, so a greater number roid hormones in women with low io- dren, taking into consideration body weight of contaminated sites may already exist; dine levels who were exposed to per- and exposure patterns and all routes of expo- (5) according to the Government Account- chlorate. The CDC researchers also sure to perchlorate. ability Office, limited Environmental Pro- found that even small increases in low- tection Agency data show that perchlorate SEC. 3. HEALTH ADVISORY AND NATIONAL PRI- level perchlorate exposure may affect MARY DRINKING WATER REGULA- has been found in 35 States and the District TION FOR PERCHLORATE. the thyroid’s production of hormones of Columbia and is known to have contami- Section 1412(b)(12) of the Safe Drinking in iodine deficient women. About 36 nated 153 public water systems in 26 States; Water Act (42 U.S.C. 300g–1(b)(12)) is amended percent of women in the U.S. have io- (6) those data are likely underestimates of by adding at the end the following: dine levels equal to or below those of total drinking water exposure, as illustrated ‘‘(C) PERCHLORATE.— the women in the study. by the finding of the California Department ‘‘(i) SCHEDULE, HEALTH ADVISORY, AND of Health Services that perchlorate contami- STANDARD.—Notwithstanding any other pro- EPA has not established a health ad- nation sites have affected approximately 276 visory or national primary drinking vision of this section, the Administrator drinking water sources and 77 drinking water shall publish a health advisory and promul- water regulation for perchlorate. In- systems in the State of California alone; gate a national primary drinking water regu- stead, the agency has established a (7) Food and Drug Administration sci- lation for perchlorate, in accordance with ‘‘Drinking Water Equivalent Level’’ entists and other scientific researchers have the schedule and provisions established by (DWEL) of 24.5 parts per billion for this detected perchlorate in the United States this subparagraph, that fully protect, with toxin. The agency’s DWEL does not food supply, including in lettuce, milk, cu- an adequate margin of safety, the health of take into consideration all routes of cumbers, tomatoes, carrots, cantaloupe, vulnerable persons (including pregnant wheat, and spinach, and in human breast women, fetuses, infants, and children), tak- exposure to perchlorate, and has been milk; criticized by experts for failing to suffi- ing into consideration body weight, exposure (8)(A) perchlorate can harm human health, patterns, and all routes of exposure. ciently consider the body weight, especially in pregnant women and children, ‘‘(ii) HEALTH ADVISORY.—Not later than 90 unique exposure, and vulnerabilities of by interfering with uptake of iodide by the days after the date of enactment of this sub- certain pregnant women and fetuses, thyroid gland, which is necessary to produce paragraph, the Administrator shall publish a infants, and children. It is based pri- important hormones that help control health advisory for perchlorate in accord- marily upon a small human study by human health and development; ance with clause (i). Greer et al., which tested a small num- (B) in adults, the thyroid helps to regulate ‘‘(iii) PROPOSED REGULATIONS.—Not later metabolism; than August 1, 2007, the Administrator shall ber of adults. The DWEL also does not (C) in children, the thyroid helps to ensure take into account the new much larger propose a national primary drinking water proper mental and physical development; regulation for perchlorate in accordance studies from CDC, and other data indi- and with clause (i). cating potential effects at lower per- (D) impairment of thyroid function in ex- ‘‘(iv) FINAL REGULATIONS.—Not later than chlorate levels than previously found. pectant mothers or infants may result in ef- December 31, 2007, after providing notice and Alarming levels of perchlorate have fects including delayed development and de- an opportunity for public comment, the Ad- been discovered in Lake Mead and the creased learning capability; ministrator shall promulgate a national pri- Colorado River, the drinking water (9)(A) in October 2006, researchers from the mary drinking water regulation for per- Centers for Disease Control and Prevention chlorate in accordance with clause (i).’’. source for millions of Southern Califor- published the largest, most comprehensive nians. Communities in the Inland Em- study to date on the effects of low levels of By Mrs. BOXER: pire, San Gabriel Valley, Santa Clara perchlorate exposure in women, finding S. 152. A bill to amend the Elemen- Valley, and the Sacramento area are that— tary and Secondary Education Act of also grappling with perchlorate con- (i) significant changes existed in thyroid 1965 to establish a program to help tamination. hormones in women with low iodine levels States expand the educational system My bill will ensure that EPA acts who were exposed to perchlorate; and (ii) even low-level perchlorate exposure to include at least 1 year of early edu- swiftly to address this threat to our may affect the production of hormones by cation preceding the year a child en- health and welfare. I look forward to the thyroid in iodine-deficient women; and ters kindergarten; to the Committee on working with my colleagues to pass (B) in the United States, about 36 percent Health, Education, Labor, and Pen- this important piece of legislation. of women have iodine levels equivalent to or sions.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S142 CONGRESSIONAL RECORD — SENATE January 4, 2007 Mrs. BOXER. Mr. President, today I brave firefighters from the San Jacinto motion Act with the current Presiding rise to reintroduce the Early Education Ranger District, who responded to the Officer, Senator OBAMA of Illinois. I Act. This bill will enable children Esperanza Incident wildfire in southern have worked with the coal and fuel in- across our nation to be prepared with California in October of 2006. dustries, the Department of Defense, the initial skills and abilities to suc- We rely on firefighters to protect us and environmental groups to identify cessfully begin their education. when disaster strikes, and they self- the needs of the coal-to-liquid industry I strongly believe that there should lessly place themselves in danger to and the best way for the Government be a national commitment to establish provide that protection. One danger to support the coal-to-liquid develop- that all children have access to high they face in the course of performing ment. quality prekindergarten programs. their duties is exposure to toxins—in- Coal has long been America’s most This bill is a step forward in making cluding fine particulates, carbon mon- abundant fuel resource and has driven that possible. oxide, sulfur, formaldehyde, mercury, our economic growth since the indus- Of the nearly 8 million and 3- and 4- heavy metals, and benzene—that can trial revolution. In the coal-to-liquid year-olds that could be in early edu- have a significant negative effect on process, coal is gasified, the gas is run cation, fewer than half are enrolled in their health. through the FischerTropsch process, an early education program. In my We owe it to this country’s brave and the resulting fuel is refined into jet State of California alone, just 65 per- firefighters to minimize their sacrifice fuel and diesel fuel. The final product cent of 4-year-olds are in preschool. for our safety, to the greatest extent is cleaner than conventional fuels be- The result is that too many children possible. My bill would require the U.S. cause nearly all of the sulfur and nitro- come to school ill-prepared to learn. Fire Administrator to contract with a gen is removed. They lack language and social skills. medical research university to conduct While this technology is just taking Almost all experts now agree that an long-term medical health monitoring root in America, South Africa meets 30 early education experience is one of of firefighters who responded to emer- percent of its fuel needs with coal. CTL the most effective strategies for im- gencies in any areas declared a disaster technology lets America capitalize on proving later school performance. by the Federal Government, and pro- a domestic resource that will fuel eco- Researchers have discovered that vide healthcare for those firefighters nomic growth and produce the energy children have a learning capacity that who suffer health problems as a con- security required in today’s world. can and should be developed at a much sequence of their work in those dis- Many of my colleagues may ask one earlier age than was previously aster areas. Pulmonary illness, neuro- question right now: If this technology thought. The National Research Coun- logical damage, and cardiovascular is so great and could replace expensive cil reported that prekindergarten edu- damage are examples of illnesses for imports from the Middle East, why cational opportunities are critical in which firefighters would be monitored hasn’t it been done already? The an- developing early language and literacy and treated under this bill. swer is simple: costs and market uncer- skills and preventing reading difficul- I urge my colleagues to consider and tainty. ties in young children. pass this bill to benefit firefighters, A typical size CTL plant costs more Furthermore, studies have shown who are among this country’s most he- than $2 billion to construct. With com- that children who participate in pre- roic citizens. plicated plans and environmental per- kindergarten programs are less likely mits, a new plant could take 5 to 8 to be held back a grade, show greater By Mr. BUNNING (for himself, years to build. This is a challenge for learning retention and initiative, have Mr. OBAMA, Mr. LUGAR, Mr. even the biggest risk-takers on Wall better social skills, are more enthusi- PRYOR, Ms. MURKOWSKI, Mr. Street. Raising the capital needed to astic about school, and are more likely BOND, Mr. THOMAS, Mr. MAR- develop a new technology is always dif- to have good attendance records. TINEZ, Mr. ENZI, Ms. LANDRIEU, ficult, but the multibillion dollar in- In fact, prekindergarten programs and Mr. CRAIG): vestment scale of a CTL plant has pay for themselves in long-term bene- S. 154. A bill to promote coal-to-liq- made it nearly impossible. fits. It is estimated that for every dol- uid fuel activities; to the Committee On top of this is the uncertainty of lar invested in early education, about on Energy and Natural Resources. the price of oil. America has seen oil $7 are saved in later costs. Mr. BUNNING. Mr. President, I rise prices rise dramatically in the last few My bill, the Early Education Act, today to introduce the Coal-to-Liquid years. But investors are concerned that would create a program in at least 10 Fuel Promotion Act of 2007. oil prices could drop to the low levels States to provide one year of pre- For too long, America has ignored its of the 1980s and make CTL plants un- kindergarten early education in the energy security. Many of us can re- competitive again. I believe oil prices public schools. There is a 50 percent member the energy crises of the 1970s. will stay above the price range that matching requilement, and the $300 We were held ransom by a monopolistic keeps CTL profitable, which is esti- million authorized annually under this oil cartel and forced to endure short- mated to be between $40 and $50 per bill would be used by States to supple- ages, gas lines, and high prices. In the barrel. But even if oil prices were to ment—not supplant—other Federal, early 1980s, just as America began to drop that low in the next few decades, State or local funds. This bill would invest in alternative fuels, the oil-pro- I believe CTL would more than pay for serve approximately 136,000 children. ducing states of the world crashed itself by insulating us from supply Our children need a solid foundation prices to make new technology uncom- shocks and providing a secure domestic that builds on current education sys- petitive. fuel supply for the military, businesses tem by providing them with early During most of the last 25 years, we such as airlines and trucking, and the learning skills. I urge my colleagues to have enjoyed low prices and plentiful average American’s car. support this legislation. supply, but we have paid a price. The Federal Government must act to Today, we find America is addicted to help industry overcome these hurdles. By Mrs. BOXER: oil. This legislation will provide a com- S. 153. A bill to provide for the moni- Since September 11, we have seen the bination of incentives to create a net- toring of the long-term medical health fragile state of our energy markets. work of coal-to-liquid production in of firefighters who responded to emer- Domestic disasters and terrorism can the United States. gencies in certain disaster areas and send energy prices spiraling out of con- The Coal-to-Liquid Fuel Promotion for the treatment of such firefighters; trol. Our energy resources are Act of 2007 has three parts. First, this to the Committee on Commerce, stretched to the limits, and small sup- bill addresses the need to pull together Science, and Transportation. ply disruptions ripple through the en- the investors and the billions of dollars Mrs. BOXER. Mr. President, I intro- tire economy. America needs a secure required to build a CTL plant. It ex- duce the Healthy Firefighters Act, an domestic source to ease our depend- pands and enhances the Department of important bill that would protect the ency on imported oil. Energy’s loan guarantee program in- firefighters who respond to emer- That is why today I am reintroducing cluded in the Energy Policy Act we gencies. The bill is inspired by the my bill, the Coal-to-Liquid Fuel Pro- passed in 2005. It expressly authorizes
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S143 DOE to administer loan guarantees for home with trillions of dollars we have (b) AUTHORIZATION OF APPROPRIATIONS.— the Nation’s first CTL plants. These spent on oil in the last few decades. Section 1704 of the Energy Policy Act of 2005 plants must be large scale, which is a There is no room for politics in en- (42 U.S.C. 16514) is amended by adding at the end the following: minimum production of 10,000 barrels a ergy security. In the 110th Congress, ‘‘(c) COAL-TO-LIQUID PROJECTS.— day of liquid fuel. This program is only Senator OBAMA and I will work hard ‘‘(1) IN GENERAL.—There are authorized to for the first 10 commercial plants. By with all of our colleagues to pass this be appropriated such sums as are necessary then, we should have proven the eco- important legislation. I especially look to provide the cost of guarantees for projects nomics of this technology and no fur- forward to working with my new chair- involving large-scale coal-to-liquid facilities ther incentives will be needed. man in the Energy Committee, Senator under section 1703(b)(11). ‘‘(2) ALTERNATIVE FUNDING.—If no appro- It also provides a new program of BINGAMAN, and my ranking member, priations are made available under para- matching loans. The loans are capped Senator DOMENICI, on this important graph (1), an eligible applicant may elect to at $20 million and must be matched bill. provide payment to the Secretary, to be de- dollar-for-dollar by non-Federal I now send to the desk the Coal-to- livered if and at the time the application is money. They must be repaid as soon as Liquid Fuel Promotion Act of 2007 and approved, in the amount of the estimated the plants are financed. the related Coal-to-Liquid Fuel Energy cost of the loan guarantee to the Federal Second, this legislation would fun- Act of 2007. I ask unanimous consent Government, as determined by the Sec- damentally alter the economics of CTL these two bills be printed with my re- retary. ‘‘(3) LIMITATIONS.— plants during and after construction. It marks in the RECORD. ‘‘(A) IN GENERAL.—No loan guarantees expands the investment tax credits and The PRESIDING OFFICER. without shall be provided under this title for projects expensing provisions enacted in the En- objection, the bills will be received and described in paragraph (1) after (as deter- ergy Policy Act of 2005. It increases the appropriately referred. mined by the Secretary)— 20-percent tax credit for CTL plants to Mr. CONRAD. Mr. President, first I ‘‘(i) the tenth such loan guarantee is issued a maximum of $200 million for each of commend my colleague from Kentucky under this title; or the first 10 CTL plants. It also extends for his legislation. This is an area in ‘‘(ii) production capacity covered by such the expiring exploration of the fuel ex- which I have had a continuing interest loan guarantees reaches 100,000 barrels per day of coal-to-liquid fuel. cise tax credits for CTL from 2009 to as well. I salute him because one of the ‘‘(B) INDIVIDUAL PROJECTS.— 2020. The current provisions will expire great challenges facing our Nation is to ‘‘(i) IN GENERAL.—A loan guarantee may be long before the first CTL plant is even dramatically reduce our dependence on provided under this title for any large-scale operational. This extension will pro- foreign energy. That is in our energy coal-to-liquid facility described in paragraph vide a meaningful timeframe for CTL interest, it is in our economic interest, (1) that produces no more than 20,000 barrels plants to benefit from the same tax in- it is in our vital security interest. I of coal-to-liquid fuel per day. centives we offer renewable and hydro- commend my colleague from Kentucky ‘‘(ii) NON-FEDERAL FUNDING REQUIREMENT.— gen fuels. for coming to the floor and offering his To be eligible for a loan guarantee under this title, a large-scale coal-to-liquid facility de- This bill also provides an incentive proposal on what we could do to make for CTL plants to capture carbon emis- scribed in paragraph (1) that produces more progress. I thank the Senator. than 20,000 barrels per day of coal-to-liquid sions. We can use CO2 to produce oil in Mr. President, I ask unanimous con- fuel shall be eligible to receive a loan guar- depleted wells or extract coalbed meth- sent that the text of the bill be printed antee for the proportion of the cost of the fa- ane. in the RECORD. cility that represents 20,000 barrels of coal- Third, this bill provides the Depart- There being no objection, the bill was to-liquid fuel per day of production. ment of Defense the funding to pur- ordered to be printed in the RECORD, as ‘‘(4) REQUIREMENTS.— chase, test, and integrate CTL fuels follows: ‘‘(A) GUIDELINES.—Not later than 180 days after the date of enactment of this sub- into the military. In the last few S. 154 months, the Air Force has successfully section, the Secretary shall publish guide- Be it enacted by the Senate and House of Rep- lines for the coal-to-liquids loan guarantee tested CTL fuels in B–52 bombers. resentatives of the United States of America in application process. These tests are proving to the DOD and Congress assembled, ‘‘(B) APPLICATIONS.—Not later than 1 year to industry that CTL fuels are as safe SECTION 1. SHORT TITLE. after the date of enactment of this sub- and reliable as the fuels produced This Act may be cited as the ‘‘Coal-to-Liq- section, the Secretary shall begin to accept today. uid Fuel Energy Act of 2007’’. applications for coal-to-liquid loan guaran- This legislation also instructs the SEC. 2. DEFINITIONS. tees under this subsection. ‘‘(C) DEADLINE.—Not later than 1 year from DOD to conduct a study on CTL fuel In this Act: the date of acceptance of an application storage and its inclusion in the Stra- (1) COAL-TO-LIQUID.—The term ‘‘coal-to-liq- under subparagraph (B), the Secretary shall tegic Petroleum Reserve. uid’’ means— evaluate the application and make final de- (A) with respect to a process or tech- It authorizes the construction of terminations under this subsection. nology, the use of a feedstock, the majority storage facilities for CTL fuel and al- ‘‘(5) REPORTS TO CONGRESS.—The Secretary of which is the coal resources of the United lows the Strategic Petroleum Reserve shall submit to the Committee on Energy States, using the class of reactions known as to hold up to 20 percent of its stock in and Natural Resources of the Senate and the Fischer-Tropsch, to produce synthetic fuel Committee on Energy and Commerce of the the form of CTL-finished fuels. suitable for transportation; and House of Representatives a report describing By combining the abilities of the De- (B) with respect to a facility, the portion the status of the program under this sub- partment of Energy and the Depart- of a facility related to producing the inputs section not later than each of— ment of Defense with incentives in the to the Fischer-Tropsch process, the Fischer- ‘‘(A) 180 days after the date of enactment Tax Code, I am confident this legisla- Tropsch process, finished fuel production, or of this subsection; the capture, transportation, or sequestration tion will help Kentucky, and America, ‘‘(B) 1 year after the date of enactment of of byproducts of the use of a feedstock that become the world leaders in coal-to-liq- this subsection; and is primarily domestic coal at the Fischer- uid fuel promotion. This coal-to-liquid ‘‘(C) the dates on which the Secretary ap- Tropsch facility, including carbon emissions. fuel legislation made headlines during proves the first and fifth applications for (2) SECRETARY.—The term ‘‘Secretary’’ coal-to-liquid loan guarantees under this the summer of 2006 when gas prices means the Secretary of Energy. subsection.’’. were at a near record high. Yet when SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE SEC. 4. COAL-TO-LIQUID FACILITIES LOAN PRO- prices fell, the pressure to pass this PROGRAM. GRAM. legislation also decreased. We have (a) ELIGIBLE PROJECTS.—Section 1703(b) of (a) DEFINITION OF ELIGIBLE RECIPIENT.—In been very lucky that a mild winter has the Energy Policy Act of 2005 (42 U.S.C. this section, the term ‘‘eligible recipient’’ held down demand. We will not always 16513(b)) is amended by adding at the end the means an individual, organization, or other be this lucky. following: entity that owns, operates, or plans to con- No matter what energy prices are, ‘‘(11) Large-scale coal-to-liquid facilities struct a coal-to-liquid facility that will America needs a domestic source of (as defined in section 2 of the Coal-to-Liquid produce at least 10,000 barrels per day of Fuel Energy Act of 2007) that use a feed- fuel. This year alone we will send $250 coal-to-liquid fuel. stock, the majority of which is the coal re- (b) ESTABLISHMENT.—The Secretary shall billion to foreign countries, mostly in sources of the United States, to produce not establish a program under which the Sec- the Middle East, just to buy oil. Imag- less than 10,000 barrels a day of liquid trans- retary shall provide loans, in a total amount ine what we could have done here at portation fuel.’’. not to exceed $20,000,000, for use by eligible
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recipients to pay the Federal share of the Committee on Armed Services of the House ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— cost of obtaining any services necessary for of Representatives a report describing the re- There are authorized to be appropriated such the planning, permitting, and construction sults of the study. sums as are necessary to carry out this sec- of a coal-to-liquid facility. ‘‘(d) CONSTRUCTION OF STORAGE FACILI- tion.’’. (c) APPLICATION.—To be eligible to receive TIES.—As soon as practicable after the date SEC. 9. REPORT ON EMISSIONS OF FISCHER- a loan under subsection (b), the eligible re- of enactment of the Coal-to-Liquid Fuel En- TROPSCH PRODUCTS USED AS cipient shall submit to the Secretary an ap- ergy Act of 2007, the Secretary may con- TRANSPORTATION FUELS. plication at such time, in such manner, and struct 1 or more storage facilities— (a) IN GENERAL.—In cooperation with the containing such information as the Sec- ‘‘(1) in the vicinity of pipeline infrastruc- Administrator of the Environmental Protec- retary may require. ture and at least 1 military base; but tion Agency, the Secretary of Defense, the (d) NON-FEDERAL MATCH.—To be eligible to (b) PETROLEUM PRODUCTS FOR STORAGE IN Administrator of the Federal Aviation Ad- receive a loan under this section, an eligible RESERVE.—Section 160 of the Energy Policy ministration, and the Secretary of Health recipient shall use non-Federal funds to pro- and Conservation Act (42 U.S.C. 6240) is and Human Services, the Secretary shall— vide a dollar-for-dollar match of the amount amended— (1) carry out a research and demonstration of the loan. (1) in subsection (a)— program to evaluate the emissions of the use (e) REPAYMENT OF LOAN.— (A) in paragraph (1), by inserting a semi- of Fischer-Tropsch fuel for transportation, (1) IN GENERAL.—To be eligible to receive a colon at the end; including diesel and jet fuel; loan under this section, an eligible recipient (B) in paragraph (2), by striking ‘‘and’’ at (2) evaluate the effect of using Fischer- shall agree to repay the original amount of the end; Tropsch transportation fuel on land and air the loan to the Secretary not later than 5 (C) in paragraph (3), by striking the period engine exhaust emissions; and years after the date of the receipt of the at the end and inserting ‘‘; and’’; and (3) in accordance with subsection (e), sub- loan. (D) by adding at the end the following: mit to Congress a report on the effect on air (2) SOURCE OF FUNDS.—Repayment of a loan ‘‘(4) coal-to-liquid products (as defined in quality and public health of using Fischer- under paragraph (1) may be made from any section 2 of the Coal-to-Liquid Fuel Energy Tropsch fuel in the transportation sector. financing or assistance received for the con- Act of 2007), as the Secretary determines to (b) GUIDANCE AND TECHNICAL SUPPORT.— struction of a coal-to-liquid facility de- be appropriate, in a quantity not to exceed 20 The Secretary shall issue any guidance or scribed in subsection (a), including a loan percent of the total quantity of petroleum technical support documents necessary to fa- guarantee provided under section 1703(b)(11) and petroleum products in the Reserve.’’; cilitate the effective use of Fischer-Tropsch of the Energy Policy Act of 2005 (42 U.S.C. (2) in subsection (b), by redesignating para- fuel and blends under this section. 16513(b)(11)). graphs (3) through (5) as paragraphs (2) (c) FACILITIES.—For the purpose of evalu- (f) REQUIREMENTS.— through (4), respectively; and ating the emissions of Fischer-Tropsch (1) GUIDELINES.—Not later than 180 days (3) by redesignating subsections (f) and (h) transportation fuels, the Secretary shall— after the date of enactment of this Act, the as subsections (d) and (e), respectively. (1) support the use and capital modifica- Secretary shall publish guidelines for the (c) CONFORMING AMENDMENTS.—Section 167 tion of existing facilities and the construc- coal-to-liquids loan application process. of the Energy Policy and Conservation Act tion of new facilities at the research centers (2) APPLICATIONS.—Not later than 1 year (42 U.S.C. 6247) is amended— designated in section 417 of the Energy Pol- after the date of enactment of this Act, the (1) in subsection (b)— icy Act of 2005 (42 U.S.C. 15977); and Secretary shall begin to accept applications (A) by redesignating paragraphs (2) and (3) (2) engage those research centers in the for coal-to-liquid loans under this section. as paragraphs (1) and (2), respectively; and evaluation and preparation of the report re- (g) REPORTS TO CONGRESS.—Not later than (B) in paragraph (2) (as redesignated by quired under subsection (a)(3). each of 180 days and 1 year after the date of subparagraph (A)), by striking ‘‘section (d) REQUIREMENTS.—The program described enactment of this Act, the Secretary shall 160(f)’’ and inserting ‘‘section 160(e)’’; and in subsection (a)(1) shall consider— submit to the Committee on Energy and (2) in subsection (d), in the matter pre- (1) the use of neat (100 percent) Fischer- Natural Resources of the Senate and the ceding paragraph (1), by striking ‘‘section Tropsch fuel and blends of Fischer-Tropsch Committee on Energy and Commerce of the 160(f)’’ and inserting ‘‘section 160(e)’’. fuels with conventional crude oil-derived House of Representatives a report describing SEC. 7. AUTHORIZATION TO CONDUCT RE- fuel for heavy-duty and light-duty diesel en- the status of the program under this section. SEARCH, DEVELOPMENT, TESTING, gines and the aviation sector; and AND EVALUATION OF ASSURED DO- (h) AUTHORIZATION OF APPROPRIATIONS.— (2) the production costs associated with do- MESTIC FUELS. There is authorized to be appropriated to mestic production of those fuels and prices Of the amount authorized to be appro- carry out this section $200,000,000, to remain for consumers. priated for the Air Force for research, devel- available until expended. (e) REPORTS.—The Secretary shall submit opment, testing, and evaluation, $10,000,000 to the Committee on Energy and Natural Re- SEC. 5. LOCATION OF COAL-TO-LIQUID MANUFAC- may be made available for the Air Force Re- TURING FACILITIES. sources of the Senate and the Committee on search Laboratory to continue support ef- Energy and Commerce of the House of Rep- The Secretary, in coordination with the forts to test, qualify, and procure synthetic resentatives— head of any affected agency, shall promul- fuels developed from coal for aviation jet (1) not later than 180 days after the date of gate such regulations as the Secretary deter- use. mines to be necessary to support the devel- enactment of this Act, an interim report on SEC. 8. COAL-TO-LIQUID LONG-TERM FUEL PRO- actions taken to carry out this section; and opment on Federal land (including land of CUREMENT AND DEPARTMENT OF the Department of Energy, military bases, DEFENSE DEVELOPMENT. (2) not later than 1 year after the date of and military installations closed or re- Section 2398a of title 10, United States enactment of this Act, a final report on ac- aligned under the defense base closure and Code is amended— tions taken to carry out this section. realignment) of coal-to-liquid manufacturing (1) in subsection (b)— (f) AUTHORIZATION OF APPROPRIATIONS.— facilities and associated infrastructure, in- (A) by striking ‘‘The Secretary’’ and in- There are authorized to be appropriated such cluding the capture, transportation, or se- serting the following: sums as are necessary to carry out this sec- questration of carbon dioxide. ‘‘(1) IN GENERAL.—The Secretary’’; and tion. SEC. 6. STRATEGIC PETROLEUM RESERVE. (B) by adding at the end the following: (a) DEVELOPMENT, OPERATION, AND MAINTE- ‘‘(2) COAL-TO-LIQUID PRODUCTION FACILI- By Mr. BUNNING (for himself, NANCE OF RESERVE.—Section 159 of the En- TIES.— Mr. OBAMA, Mr. LUGAR, Mr. ergy Policy and Conservation Act (42 U.S.C. ‘‘(A) IN GENERAL.—The Secretary of De- PRYOR, Ms. MURKOWSKI, Mr. 6239) is amended— fense may enter into contracts or other BOND, Mr. THOMAS, Mr. MAR- (1) by redesignating subsections (f), (g), (j), agreements with private companies or other TINEZ, Mr. ENZI, Ms. LANDRIEU, (k), and (l) as subsections (a), (b), (e), (f), and entities to develop and operate coal-to-liquid and Mr. CRAIG): (g), respectively; and facilities (as defined in section 2 of the Coal- S. 155. A bill to promote coal-to-liq- (2) by inserting after subsection (b) (as re- to-Liquid Fuel Energy Act of 2007) on or near designated by paragraph (1)) the following: military installations. uid fuel activities; to the Committee ‘‘(c) STUDY OF MAINTAINING COAL-TO-LIQUID ‘‘(B) CONSIDERATIONS.—In entering into on Finance. PRODUCTS IN RESERVE.—Not later than 1 year contracts and other agreements under sub- Mr. BUNNING. Mr. President, I ask after the date of enactment of the Coal-to- paragraph (A), the Secretary shall consider unanimous consent that the text of the Liquid Fuel Energy Act of 2007, the Sec- land availability, testing opportunities, and bill be printed in the RECORD. retary and the Secretary of Defense shall— proximity to raw materials.’’; There being no objection, the bill was ‘‘(1) conduct a study of the feasibility and (2) in subsection (d)— ordered to be printed in the RECORD, as suitability of maintaining coal-to-liquid (A) by striking ‘‘Subject to applicable pro- follows: products in the Reserve; and visions of law, any’’ and inserting ‘‘Any’’; ‘‘(2) submit to the Committee on Energy and S. 155 and Natural Resources and the Committee (B) by striking ‘‘1 or more years’’ and in- Be it enacted by the Senate and House of Rep- on Armed Services of the Senate and the serting ‘‘up to 25 years’’; and resentatives of the United States of America in Committee on Energy and Commerce and the (3) by adding at the end the following: Congress assembled,
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SECTION 1. SHORT TITLE. ‘‘(B) APPLICATIONS.—Not later than 1 year SEC. 104. LOCATION OF COAL-TO-LIQUID MANU- This Act may be cited as the ‘‘Coal-to-Liq- after the date of enactment of this sub- FACTURING FACILITIES. uid Fuel Promotion Act of 2007’’. section, the Secretary shall begin to accept The Secretary, in coordination with the TITLE I—COAL-TO-LIQUID FUEL applications for coal-to-liquid loan guaran- head of any affected agency, shall promul- ACTIVITIES tees under this subsection. gate such regulations as the Secretary deter- ‘‘(C) DEADLINE.—Not later than 1 year from mines to be necessary to support the devel- SEC. 101. DEFINITIONS. opment on Federal land (including land of In this title: the date of acceptance of an application the Department of Energy, military bases, (1) COAL-TO-LIQUID.—The term ‘‘coal-to-liq- under subparagraph (B), the Secretary shall evaluate the application and make final de- and military installations closed or re- uid’’ means— aligned under the defense base closure and (A) with respect to a process or tech- terminations under this subsection. ‘‘(5) REPORTS TO CONGRESS.—The Secretary realignment) of coal-to-liquid manufacturing nology, the use of a feedstock, the majority facilities and associated infrastructure, in- of which is the coal resources of the United shall submit to the Committee on Energy and Natural Resources of the Senate and the cluding the capture, transportation, or se- States, using the class of reactions known as questration of carbon dioxide. Fischer-Tropsch, to produce synthetic fuel Committee on Energy and Commerce of the SEC. 105. STRATEGIC PETROLEUM RESERVE. suitable for transportation; and House of Representatives a report describing (a) DEVELOPMENT, OPERATION, AND MAINTE- (B) with respect to a facility, the portion the status of the program under this sub- NANCE OF RESERVE.—Section 159 of the En- of a facility related to producing the inputs section not later than each of— ‘‘(A) 180 days after the date of enactment ergy Policy and Conservation Act (42 U.S.C. to the Fischer-Tropsch process, the Fischer- 6239) is amended— Tropsch process, finished fuel production, or of this subsection; ‘‘(B) 1 year after the date of enactment of (1) by redesignating subsections (f), (g), (j), the capture, transportation, or sequestration (k), and (l) as subsections (a), (b), (e), (f), and of byproducts of the use of a feedstock that this subsection; and ‘‘(C) the dates on which the Secretary ap- (g), respectively; and is primarily domestic coal at the Fischer- (2) by inserting after subsection (b) (as re- Tropsch facility, including carbon emissions. proves the first and fifth applications for coal-to-liquid loan guarantees under this designated by paragraph (1)) the following: (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘(c) STUDY OF MAINTAINING COAL-TO-LIQUID subsection.’’. means the Secretary of Energy. PRODUCTS IN RESERVE.—Not later than 1 year SEC. 102. COAL-TO-LIQUID FUEL LOAN GUAR- SEC. 103. COAL-TO-LIQUID FACILITIES LOAN PRO- after the date of enactment of the Coal-to- ANTEE PROGRAM. GRAM. Liquid Fuel Promotion Act of 2007, the Sec- (a) DEFINITION OF ELIGIBLE RECIPIENT.—In (a) ELIGIBLE PROJECTS.—Section 1703(b) of retary and the Secretary of Defense shall— this section, the term ‘‘eligible recipient’’ the Energy Policy Act of 2005 (42 U.S.C. ‘‘(1) conduct a study of the feasibility and means an individual, organization, or other 16513(b)) is amended by adding at the end the suitability of maintaining coal-to-liquid entity that owns, operates, or plans to con- following: products in the Reserve; and ‘‘(11) Large-scale coal-to-liquid facilities struct a coal-to-liquid facility that will produce at least 10,000 barrels per day of ‘‘(2) submit to the Committee on Energy (as defined in section 101 of the Coal-to-Liq- and Natural Resources and the Committee uid Fuel Promotion Act of 2007) that use a coal-to-liquid fuel. on Armed Services of the Senate and the feedstock, the majority of which is the coal (b) ESTABLISHMENT.—The Secretary shall Committee on Energy and Commerce and the resources of the United States, to produce establish a program under which the Sec- Committee on Armed Services of the House not less than 10,000 barrels a day of liquid retary shall provide loans, in a total amount of Representatives a report describing the re- transportation fuel.’’. not to exceed $20,000,000, for use by eligible sults of the study. (b) AUTHORIZATION OF APPROPRIATIONS.— recipients to pay the Federal share of the ‘‘(d) CONSTRUCTION OF STORAGE FACILI- Section 1704 of the Energy Policy Act of 2005 cost of obtaining any services necessary for TIES.—As soon as practicable after the date (42 U.S.C. 16514) is amended by adding at the the planning, permitting, and construction of enactment of the Coal-to-Liquid Fuel Pro- end the following: of a coal-to-liquid facility. motion Act of 2007, the Secretary may con- ‘‘(c) COAL-TO-LIQUID PROJECTS.— (c) APPLICATION.—To be eligible to receive struct 1 or more storage facilities in the vi- ‘‘(1) IN GENERAL.—There are authorized to a loan under subsection (b), the eligible re- be appropriated such sums as are necessary cipient shall submit to the Secretary an ap- cinity of pipeline infrastructure and at least 1 military base.’’. to provide the cost of guarantees for projects plication at such time, in such manner, and (b) PETROLEUM PRODUCTS FOR STORAGE IN involving large-scale coal-to-liquid facilities containing such information as the Sec- RESERVE.—Section 160 of the Energy Policy under section 1703(b)(11). retary may require. ON EDERAL ATCH and Conservation Act (42 U.S.C. 6240) is ‘‘(2) ALTERNATIVE FUNDING.—If no appro- (d) N -F M .—To be eligible to receive a loan under this section, an eligible amended— priations are made available under para- (1) in subsection (a)— graph (1), an eligible applicant may elect to recipient shall use non-Federal funds to pro- (A) in paragraph (1), by inserting a semi- provide payment to the Secretary, to be de- vide a dollar-for-dollar match of the amount colon at the end; livered if and at the time the application is of the loan. (e) REPAYMENT OF LOAN.— (B) in paragraph (2), by striking ‘‘and’’ at approved, in the amount of the estimated (1) IN GENERAL.—To be eligible to receive a the end; cost of the loan guarantee to the Federal loan under this section, an eligible recipient (C) in paragraph (3), by striking the period Government, as determined by the Sec- shall agree to repay the original amount of at the end and inserting ‘‘; and’’; and retary. the loan to the Secretary not later than 5 (D) by adding at the end the following: ‘‘(3) LIMITATIONS.— years after the date of the receipt of the ‘‘(4) coal-to-liquid products (as defined in ‘‘(A) IN GENERAL.—No loan guarantees loan. section 101 of the Coal-to-Liquid Fuel Pro- shall be provided under this title for projects (2) SOURCE OF FUNDS.—Repayment of a loan motion Act of 2007), as the Secretary deter- described in paragraph (1) after (as deter- under paragraph (1) may be made from any mines to be appropriate, in a quantity not to mined by the Secretary)— financing or assistance received for the con- exceed 20 percent of the total quantity of pe- ‘‘(i) the tenth such loan guarantee is issued struction of a coal-to-liquid facility de- troleum and petroleum products in the Re- under this title; or scribed in subsection (a), including a loan serve.’’; ‘‘(ii) production capacity covered by such guarantee provided under section 1703(b)(11) (2) in subsection (b), by redesignating para- loan guarantees reaches 100,000 barrels per of the Energy Policy Act of 2005 (42 U.S.C. graphs (3) through (5) as paragraphs (2) day of coal-to-liquid fuel. 16513(b)(11)). through (4), respectively; and ‘‘(B) INDIVIDUAL PROJECTS.— (f) REQUIREMENTS.— (3) by redesignating subsections (f) and (h) ‘‘(i) IN GENERAL.—A loan guarantee may be (1) GUIDELINES.—Not later than 180 days as subsections (d) and (e), respectively. provided under this title for any large-scale after the date of enactment of this Act, the (c) CONFORMING AMENDMENTS.—Section 167 coal-to-liquid facility described in paragraph Secretary shall publish guidelines for the of the Energy Policy and Conservation Act (1) that produces no more than 20,000 barrels coal-to-liquids loan application process. (42 U.S.C. 6247) is amended— of coal-to-liquid fuel per day. (2) APPLICATIONS.—Not later than 1 year (1) in subsection (b)— ‘‘(ii) NON-FEDERAL FUNDING REQUIREMENT.— after the date of enactment of this Act, the (A) by redesignating paragraphs (2) and (3) To be eligible for a loan guarantee under this Secretary shall begin to accept applications as paragraphs (1) and (2), respectively; and title, a large-scale coal-to-liquid facility de- for coal-to-liquid loans under this section. (B) in paragraph (2) (as redesignated by scribed in paragraph (1) that produces more (g) REPORTS TO CONGRESS.—Not later than subparagraph (A)), by striking ‘‘section than 20,000 barrels per day of coal-to-liquid each of 180 days and 1 year after the date of 160(f)’’ and inserting ‘‘section 160(e)’’; and fuel shall be eligible to receive a loan guar- enactment of this Act, the Secretary shall (2) in subsection (d), in the matter pre- antee for the proportion of the cost of the fa- submit to the Committee on Energy and ceding paragraph (1), by striking ‘‘section cility that represents 20,000 barrels of coal- Natural Resources of the Senate and the 160(f)’’ and inserting ‘‘section 160(e)’’. to-liquid fuel per day of production. Committee on Energy and Commerce of the SEC. 106. AUTHORIZATION TO CONDUCT RE- ‘‘(4) REQUIREMENTS.— House of Representatives a report describing SEARCH, DEVELOPMENT, TESTING, ‘‘(A) GUIDELINES.—Not later than 180 days the status of the program under this section. AND EVALUATION OF ASSURED DO- after the date of enactment of this sub- (h) AUTHORIZATION OF APPROPRIATIONS.— MESTIC FUELS. section, the Secretary shall publish guide- There is authorized to be appropriated to Of the amount authorized to be appro- lines for the coal-to-liquids loan guarantee carry out this section $200,000,000, to remain priated for the Air Force for research, devel- application process. available until expended. opment, testing, and evaluation, $10,000,000
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S146 CONGRESSIONAL RECORD — SENATE January 4, 2007 may be made available for the Air Force Re- sources of the Senate and the Committee on establish a qualifying coal-to-liquid fuels search Laboratory to continue support ef- Energy and Commerce of the House of Rep- project program to consider and award cer- forts to test, qualify, and procure synthetic resentatives— tifications for qualified investment eligible fuels developed from coal for aviation jet (1) not later than 180 days after the date of for credits under this section to 10 qualifying use. enactment of this Act, an interim report on coal-to-liquid fuels project sponsors under SEC. 107. COAL-TO-LIQUID LONG-TERM FUEL actions taken to carry out this section; and this section. The total qualified investment PROCUREMENT AND DEPARTMENT (2) not later than 1 year after the date of which may be awarded eligibility for credit OF DEFENSE DEVELOPMENT. enactment of this Act, a final report on ac- under the program shall not exceed Section 2398a of title 10, United States tions taken to carry out this section. $2,000,000,000. Code is amended— (f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) PERIOD OF ISSUANCE.—A certificate of (1) in subsection (b)— There are authorized to be appropriated such eligibility under paragraph (1) may be issued (A) by striking ‘‘The Secretary’’ and in- sums as are necessary to carry out this sec- only during the 10-fiscal year period begin- serting the following: tion. ning on October 1, 2007. ‘‘(1) IN GENERAL.—The Secretary’’; and TITLE II—AMENDMENTS TO THE ‘‘(3) SELECTION CRITERIA.—The Secretary (B) by adding at the end the following: INTERNAL REVENUE CODE OF 1986 shall not make a competitive certification ‘‘(2) COAL-TO-LIQUID PRODUCTION FACILI- award for qualified investment for credit eli- SEC. 201. CREDIT FOR INVESTMENT IN COAL-TO- TIES.— LIQUID FUELS PROJECTS. gibility under this section unless the recipi- ‘‘(A) IN GENERAL.—The Secretary of De- (a) IN GENERAL.—Section 46 of the Internal ent has documented to the satisfaction of fense may enter into contracts or other Revenue Code of 1986 (relating to amount of the Secretary that— agreements with private companies or other credit) is amended by striking ‘‘and’’ at the ‘‘(A) the proposal of the award recipient is entities to develop and operate coal-to-liquid end of paragraph (3), by striking the period financially viable, facilities (as defined in section 101 of the at the end of paragraph (4) and inserting ‘‘, ‘‘(B) the recipient will provide sufficient Coal-to-Liquid Fuel Promotion Act of 2007) and’’, and by adding at the end the following information to the Secretary for the Sec- on or near military installations. new paragraph: retary to ensure that the qualified invest- ‘‘(B) CONSIDERATIONS.—In entering into ‘‘(5) the qualifying coal-to-liquid fuels ment is spent efficiently and effectively, contracts and other agreements under sub- project credit.’’. ‘‘(C) the fuels identified with respect to the paragraph (A), the Secretary shall consider (b) AMOUNT OF CREDIT.—Subpart E of part gasification technology for such project will land availability, testing opportunities, and IV of subchapter A of chapter 1 of the Inter- comprise at least 90 percent of the fuels re- proximity to raw materials.’’; nal Revenue Code of 1986 (relating to rules quired by the project for the production of (2) in subsection (d)— for computing investment credit) is amended transportation grade liquid fuels, (A) by striking ‘‘Subject to applicable pro- by inserting after section 48B the following ‘‘(D) the award recipient’s project team is visions of law, any’’ and inserting ‘‘Any’’; new section: competent in the planning and construction and of coal gasification facilities and familiar (B) by striking ‘‘1 or more years’’ and in- ‘‘SEC. 48C. QUALIFYING COAL-TO-LIQUID FUELS PROJECT CREDIT. with operation of the Fischer-Tropsch proc- serting ‘‘up to 25 years’’; and ‘‘(a) IN GENERAL.—For purposes of section ess, with preference given to those recipients (3) by adding at the end the following: 46, the qualifying coal-to-liquid fuels project with experience which demonstrates success- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ful and reliable operations of such process, There are authorized to be appropriated such credit for any taxable year is an amount equal to 20 percent of the qualified invest- and sums as are necessary to carry out this sec- ‘‘(E) the award recipient has met other cri- tion.’’. ment for such taxable year. ‘‘(b) QUALIFIED INVESTMENT.— teria established and published by the Sec- SEC. 108. REPORT ON EMISSIONS OF FISCHER- ‘‘(1) IN GENERAL.—For purposes of sub- retary. TROPSCH PRODUCTS USED AS ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No de- TRANSPORTATION FUELS. section (a), the qualified investment for any taxable year is the basis of property placed duction or other credit shall be allowed with (a) IN GENERAL.—In cooperation with the respect to the basis of any property taken Administrator of the Environmental Protec- in service by the taxpayer during such tax- able year which is part of a qualifying coal- into account in determining the credit al- tion Agency, the Secretary of Defense, the lowed under this section.’’. Administrator of the Federal Aviation Ad- to-liquid fuels project— ‘‘(A)(i) the construction, reconstruction, or (c) CONFORMING AMENDMENTS.— ministration, and the Secretary of Health (1) Section 49(a)(1)(C) of the Internal Rev- and Human Services, the Secretary shall— erection of which is completed by the tax- payer, or enue Code of 1986 is amended by striking (1) carry out a research and demonstration ‘‘and’’ at the end of clause (iii), by striking program to evaluate the emissions of the use ‘‘(ii) which is acquired by the taxpayer if the original use of such property commences the period at the end of clause (iv) and in- of Fischer-Tropsch fuel for transportation, serting ‘‘, and’’, and by adding after clause including diesel and jet fuel; with the taxpayer, and ‘‘(B) with respect to which depreciation (or (iv) the following new clause: (2) evaluate the effect of using Fischer- ‘‘(v) the basis of any property which is part Tropsch transportation fuel on land and air amortization in lieu of depreciation) is al- lowable. of a qualifying coal-to-liquid fuels project engine exhaust emissions; and under section 48C.’’. (3) in accordance with subsection (e), sub- ‘‘(2) APPLICABLE RULES.—For purposes of this section, rules similar to the rules of sub- (2) The table of sections for subpart E of mit to Congress a report on the effect on air part IV of subchapter A of chapter 1 of such quality and public health of using Fischer- section (a)(4) and (b) of section 48 shall apply. Code is amended by inserting after the item Tropsch fuel in the transportation sector. relating to section 48B the following new ‘‘(c) DEFINITIONS.—For purposes of this sec- (b) GUIDANCE AND TECHNICAL SUPPORT.— item: The Secretary shall issue any guidance or tion— technical support documents necessary to fa- ‘‘(1) QUALIFYING COAL-TO-LIQUID FUELS ‘‘48C. Qualifying coal-to-liquid fuels project cilitate the effective use of Fischer-Tropsch PROJECT.—The term ‘qualifying coal-to-liq- credit.’’. fuel and blends under this section. uid fuels project’ means any domestic (d) EFFECTIVE DATE.—The amendments (c) FACILITIES.—For the purpose of evalu- project which— made by this section shall apply to periods ating the emissions of Fischer-Tropsch ‘‘(A) employs the class of reactions known after the date of the enactment of this Act, transportation fuels, the Secretary shall— as Fischer-Tropsch to produce at least 10,000 under rules similar to the rules of section (1) support the use and capital modifica- barrels per day of transportation grade liq- 48(m) of the Internal Revenue Code of 1986 tion of existing facilities and the construc- uid fuels from a feedstock that is primarily (as in effect on the day before the date of the tion of new facilities at the research centers domestic coal (including any property which enactment of the Revenue Reconciliation designated in section 417 of the Energy Pol- allows for the capture, transportation, or se- Act of 1990). icy Act of 2005 (42 U.S.C. 15977); and questration of by-products resulting from SEC. 202. TEMPORARY EXPENSING FOR EQUIP- (2) engage those research centers in the such process, including carbon emissions), MENT USED IN COAL-TO-LIQUID evaluation and preparation of the report re- and FUELS PROCESS. quired under subsection (a)(3). ‘‘(B) any portion of the qualified invest- (a) IN GENERAL.—Part VI of subchapter B (d) REQUIREMENTS.—The program described ment in which is certified under the quali- of chapter 1 of the Internal Revenue Code of in subsection (a)(1) shall consider— fying coal-to-liquid program as eligible for 1986 is amended by inserting after section (1) the use of neat (100 percent) Fischer- credit under this section in an amount (not 179D the following new section: Tropsch fuel and blends of Fischer-Tropsch to exceed $200,000,000) determined by the Sec- ‘‘SEC. 179E. ELECTION TO EXPENSE CERTAIN fuels with conventional crude oil-derived retary. COAL-TO-LIQUID FUELS FACILITIES. fuel for heavy-duty and light-duty diesel en- ‘‘(2) COAL.—The term ‘coal’ means any car- ‘‘(a) TREATMENT AS EXPENSES.—A taxpayer gines and the aviation sector; and bonized or semicarbonized matter, including may elect to treat the cost of any qualified (2) the production costs associated with do- peat. coal-to-liquid fuels process property as an mestic production of those fuels and prices ‘‘(d) QUALIFYING COAL-TO-LIQUID FUELS expense which is not chargeable to capital for consumers. PROJECT PROGRAM.— account. Any cost so treated shall be allowed (e) REPORTS.—The Secretary shall submit ‘‘(1) IN GENERAL.—The Secretary, in con- as a deduction for the taxable year in which to the Committee on Energy and Natural Re- sultation with the Secretary of Energy, shall the expense is incurred.
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‘‘(b) ELECTION.— ation of the property of the taxpayer as the ‘‘(2) PROJECTS DESCRIBED.—A project is de- ‘‘(1) IN GENERAL.—An election under this Secretary shall require.’’. scribed in this paragraph if it begins or is section for any taxable year shall be made on (b) CONFORMING AMENDMENTS.— substantially expanded after December 31, the taxpayer’s return of the tax imposed by (1) Section 1016(a) of the Internal Revenue 2007, and this chapter for the taxable year. Such elec- Code of 1986 is amended by striking ‘‘and’’ at ‘‘(A) uses qualified carbon dioxide in an en- tion shall be made in such manner as the the end of paragraph (36), by striking the pe- hanced oil, natural gas, or coalbed methane Secretary may by regulations prescribe. riod at the end of paragraph (37) and insert- recovery method, which involves flooding or ‘‘(2) ELECTION IRREVOCABLE.—Any election ing ‘‘, and’’, and by adding at the end the fol- injection, or made under this section may not be revoked lowing new paragraph: ‘‘(B) enables the capture or sequestration except with the consent of the Secretary. ‘‘(38) to the extent provided in section of qualified carbon dioxide. ‘‘(c) QUALIFIED COAL-TO-LIQUID FUELS 179E(e)(1).’’. ‘‘(3) DEFINITIONS.—For purposes of this sub- PROCESS PROPERTY.—The term ‘qualified (2) Section 1245(a) of such Code is amended section— coal-to-liquid fuels process property’ means by inserting ‘‘179E,’’ after ‘‘179D,’’ both ‘‘(A) ENHANCED OIL RECOVERY.—The term any property located in the United States— places it appears in paragraphs (2)(C) and ‘enhanced oil recovery’ means recovery of oil ‘‘(1) which employs the Fischer-Tropsch (3)(C). by injecting or flooding with qualified car- process to produce transportation grade liq- (3) Section 263(a)(1) of such Code is amend- bon dioxide. uid fuels from a feedstock that is primarily ed by striking ‘‘or’’ at the end of subpara- ‘‘(B) ENHANCED NATURAL GAS RECOVERY.— domestic coal (including any property which graph (J), by striking the period at the end The term ‘enhanced natural gas recovery’ allows for the capture, transportation, or se- of subparagraph (K) and inserting ‘‘, or’’, and means recovery of natural gas by injecting questration of by-products resulting from by inserting after subparagraph (K) the fol- or flooding with qualified carbon dioxide. such process, including carbon emissions), lowing new subparagraph: ‘‘(C) ENHANCED COALBED METHANE RECOV- ‘‘(2) the original use of which commences ‘‘(L) expenditures for which a deduction is ERY.—The term ‘enhanced coalbed methane with the taxpayer, allowed under section 179E.’’. recovery’ means recovery of coalbed meth- ‘‘(3) the construction of which— (4) Section 312(k)(3)(B) of such Code is ane by injecting or flooding with qualified ‘‘(A) except as provided in subparagraph amended by striking ‘‘or 179D’’ each place it carbon dioxide. (B), is subject to a binding construction con- appears in the heading and text and insert- ‘‘(D) QUALIFIED CARBON DIOXIDE.—The term tract entered into after the date of the en- ing ‘‘179D, or 179E’’. ‘qualified carbon dioxide’ means carbon diox- actment of this section and before January 1, (5) The table of sections for part VI of sub- ide which is produced from the gasification 2011, but only if there was no written binding chapter B of chapter 1 of such Code is amend- and subsequent refinement of a feedstock construction contract entered into on or be- ed by inserting after the item relating to which is primarily domestic coal, at a facil- fore such date of enactment, or section 179D the following new item: ity which produces coal-to-liquid fuel. ‘‘(B) in the case of self-constructed prop- ‘‘Sec. 179E. Election to expense certain coal- ‘‘(E) CAPTURE OR SEQUESTRATION.—The erty, began after the date of the enactment to-liquid fuels facilities.’’. term ‘capture or sequestration’ means any of this section and before January 1, 2011, (c) EFFECTIVE DATE.—The amendments equipment or facility necessary to— and made by this section shall apply to prop- ‘‘(i) capture or separate qualified carbon ‘‘(4) which is placed in service by the tax- erties placed in service after the date of the dioxide from other emissions, payer after the date of the enactment of this enactment of this Act. ‘‘(ii) transport qualified carbon dioxide, or section and before January 1, 2016. SEC. 203. EXTENSION OF ALTERNATIVE FUEL ‘‘(iii) process and use qualified carbon diox- ‘‘(d) ELECTION TO ALLOCATE DEDUCTION TO CREDIT FOR FUEL DERIVED FROM ide in a qualified project. COOPERATIVE OWNER.—If— COAL THROUGH THE FISCHER- ‘‘(4) TERMINATION.—This subsection shall ‘‘(1) a taxpayer to which subsection (a) ap- TROPSCH PROCESS. not apply to costs paid or incurred for any plies is an organization to which part I of (a) ALTERNATIVE FUEL CREDIT.—Paragraph qualified project after December 31, 2020.’’. subchapter T applies, and (4) of section 6426(d) of the Internal Revenue (b) CONFORMING AMENDMENTS.— ‘‘(2) one or more persons directly holding Code of 1986 is amended to read as follows: (1) Section 43 of the Internal Revenue Code an ownership interest in the taxpayer are or- ‘‘(4) TERMINATION.—This subsection shall of 1986 is amended— ganizations to which part I of subchapter T not apply to— (A) by striking ‘‘enhanced oil recovery apply, ‘‘(A) any sale or use involving liquid fuel credit’’ in subsection (a) and inserting ‘‘en- derived from a feedstock that is primarily the taxpayer may elect to allocate all or a hanced oil, natural gas, and coalbed methane domestic coal (including peat) through the recovery, and capture and sequestration portion of the deduction allowable under Fischer-Tropsch process for any period after subsection (a) to such persons. Such alloca- credit’’, September 30, 2020, (B) by striking ‘‘qualified enhanced oil re- tion shall be equal to the person’s ratable ‘‘(B) any sale or use involving liquified hy- share of the total amount allocated, deter- covery costs’’ each place it appears and in- drogen for any period after September 30, serting ‘‘qualified costs’’, mined on the basis of the person’s ownership 2014, and interest in the taxpayer. The taxable income (C) by striking ‘‘qualified enhanced oil re- ‘‘(C) any other sale or use for any period covery project’’ each place it appears and in- of the taxpayer shall not be reduced under after September 30, 2009.’’. section 1382 by reason of any amount to serting ‘‘qualified project’’, and (b) PAYMENTS.— (D) by striking the heading and inserting: which the preceding sentence applies. (1) IN GENERAL.—Paragraph (5) of section ‘‘(e) BASIS REDUCTION.— ‘‘SEC. 43. ENHANCED OIL, NATURAL GAS, AND 6427(e) of the Internal Revenue Code of 1986 is COALBED METHANE RECOVERY, ‘‘(1) IN GENERAL.—For purposes of this amended by striking ‘‘and’’ and the end of AND CAPTURE AND SEQUESTRATION title, if a deduction is allowed under this sec- subparagraph (C), by striking the period at CREDIT.’’. tion with respect to any qualified coal-to-liq- the end of subparagraph (D) and inserting ‘‘, (2) The item in the table of sections for uid fuels process property, the basis of such and’’, and by adding at the end the following subpart D of part IV of subchapter A of chap- property shall be reduced by the amount of new subparagraph: ter 1 of such Code relating to section 43 is the deduction so allowed. ‘‘(E) any alternative fuel or alternative amended to read as follows: ‘‘(2) ORDINARY INCOME RECAPTURE.—For fuel mixture (as so defined) involving liquid ‘‘Sec. 43. Enhanced oil, natural gas, and purposes of section 1245, the amount of the fuel derived from coal (including peat) coalbed methane recovery, and deduction allowable under subsection (a) through the Fischer-Tropsch process sold or capture and sequestration cred- with respect to any property which is of a used after September 30, 2020.’’. it.’’. character subject to the allowance for depre- (2) CONFORMING AMENDMENT.—Section (c) EFFECTIVE DATE.—The amendments ciation shall be treated as a deduction al- 6427(e)(5)(C) of such Code is amended by lowed for depreciation under section 167. made by this section shall apply to costs striking ‘‘subparagraph (D)’’ and inserting paid or incurred in taxable years ending ‘‘(f) APPLICATION WITH OTHER DEDUCTIONS ‘‘subparagraphs (D) and (E)’’. after December 31, 2007. AND CREDITS.— SEC. 204. MODIFICATIONS TO ENHANCED OIL RE- SEC. 205. ALLOWANCE OF ENHANCED OIL, NAT- ‘‘(1) OTHER DEDUCTIONS.—No deduction COVERY CREDIT. shall be allowed under any other provision of URAL GAS, AND COALBED METHANE (a) ENHANCED CREDIT FOR CARBON DIOXIDE RECOVERY, AND CAPTURE AND SE- this chapter with respect to any expenditure INJECTIONS.—Section 43 of the Internal Rev- QUESTRATION CREDIT AGAINST THE with respect to which a deduction is allowed enue Code of 1986 is amended by adding at ALTERNATIVE MINIMUM TAX. under subsection (a) to the taxpayer. the end the following new subsection: (a) IN GENERAL.—Subsection (c) of section ‘‘(2) CREDITS.—No credit shall be allowed ‘‘(f) ENHANCED CREDIT FOR PROJECTS USING 38 of the Internal Revenue Code of 1986 (re- under section 38 with respect to any amount QUALIFIED CARBON DIOXIDE.— lating to limitation based on amount of tax) for which a deduction is allowed under sub- ‘‘(1) IN GENERAL.—For purposes of this sec- is amended by redesignating paragraphs (4) section (a). tion— and (5) as paragraphs (5) and (6), respec- ‘‘(g) REPORTING.—No deduction shall be al- ‘‘(A) the term ‘qualified project’ includes a tively, and by inserting after paragraph (3) lowed under subsection (a) to any taxpayer project described in paragraph (2), and the following new paragraph: for any taxable year unless such taxpayer ‘‘(B) in the case of a project described in ‘‘(4) SPECIAL RULES FOR ENHANCED OIL, NAT- files with the Secretary a report containing paragraph (2), subsection (a) shall be applied URAL GAS, AND COALBED METHANE RECOVERY, such information with respect to the oper- by substituting ‘50 percent’ for ‘15 percent’. AND CAPTURE AND SEQUESTRATION CREDIT.—In
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S148 CONGRESSIONAL RECORD — SENATE January 4, 2007 the case of the enhanced oil, natural gas, and slapped on Internet users, those dis- Mr. MCCAIN. Mr. President, I am coalbed methane recovery, and capture and criminatory taxes won’t be going away pleased to join with Senators WYDEN sequestration credit determined under sec- any time soon either. and SUNUNU in introducing the Perma- tion 43— If you want to figure out how much nent Internet Tax Freedom Act of 2007. ‘‘(A) this section and section 39 shall be ap- discriminatory taxes could be, just plied separately with respect to such credit, This bill would ensure that consumers and look at your phone bill. Taxes and gov- never have to pay a toll when they ac- ‘‘(B) in applying paragraph (1) to such cred- ernment fees already add as much as 20 cess the Information Highway. Wheth- it— percent in surcharges to consumer’s er consumers log onto the Internet ‘‘(i) the tentative minimum tax shall be telephone bills. using cable modem, DSL, dial-up or treated as being zero, and If you take a gallon of milk to the wireless services, under this bill, they ‘‘(ii) the limitation under paragraph (1) (as checkout counter and pay tax on the will not be taxed by any State or local modified by clause (i)) shall be reduced by purchase, the clerk can’t turn around governments for their Internet usage. the credit allowed under subsection (a) for and charge you another tax if you’re Keeping Internet access affordable to the taxable year (other than the enhanced going to use the milk in your cereal oil, natural gas, and coalbed methane recov- all Americans is a worthy policy goal. ery, and capture and sequestration credit and another tax if you’re going to put The Internet has become a fixture and and the specified credits).’’. milk in your coffee. But that’s what core component of modem American (b) CONFORMING AMENDMENTS.— will happen to the Internet if the ban is life that has created and continues to (1) Section 38(c)(2)(A)(ii)(II) of such Code is not made permanent. You’d still pay generate social and economic opportu- amended by inserting ‘‘the enhanced oil, nat- all the telephone taxes and all the fran- nities throughout the United States. ural gas, and coalbed methane recovery, and chise fees on cable, but on top of those In 1998, Congress put in place a tem- capture and sequestration credit,’’ after you’d pay even more taxes for the same porary ban on any State or local taxes ‘‘employee credit,’’. (2) Section 38(c)(3)(A)(ii)(II) of such Code is service when you sign on to the Inter- on Internet access. Additionally, Con- amended by inserting ‘‘, the enhanced oil, net! gress placed a moratorium on multiple natural gas, coalbed methane recovery, cap- Discriminatory and double taxation or discriminatory State and local taxes ture and sequestration credit,’’ after ‘‘em- of the Internet has been banned for 8 on e-commerce transactions to ensure ployee credit’’. years now. In all that time no one has the growth of online commerce. This (c) EFFECTIVE DATE.—The amendments ever come forward with evidence to moratorium was extended in 2004, but made by this section shall apply to taxable show that the failure to impose dis- is set to expire November 1, 2007. Our years ending after December 31, 2007. criminatory taxes has hurt them. No legislation, the Permanent Internet By Mr. REID (for Mr. WYDEN (for one has demonstrated why taxes that Tax Freedom Act of 2007, would make himself, Mr. MCCAIN, and Mr. cannot be imposed in the offline world the moratorium permanent. SUNUNU)): should be imposed on identical online Today, the U.S. ranks 12th in the S. 156. A bill to make the morato- transactions. world in per capita Internet access, rium on Internet access taxes and mul- Western Civilization may not end if lagging behind competitors South tiple and discriminatory taxes on elec- the Permanent Internet Freedom Act Korea, the United Kingdom and Can- tronic commerce permanent; to the is not passed, but you have to ask how ada. This is absolutely unacceptable Committee on Commerce, Science, and many times Congress has to revisit, re- for a country that leads the world in Transportation. litigate and re-approve a law that has technical innovation, economic devel- Mr. WYDEN. Mr. President, today I been this effective. It is time to make opment, and international competi- am reintroducing in this new Congress the Internet Tax moratorium perma- tiveness. We certainly cannot afford to a bill to advance a cause for which I nent. make Internet access more difficult to have been fighting for over 10 years I want to thank my colleagues, Mr. obtain if we want to become more now. The Permanent Internet Tax MCCAIN from Arizona and Mr. SUNUNU internationally competitive. Freedom Act would extend the current from New Hampshire for introducing There is little doubt that the devel- Internet tax moratorium, so that the this legislation with me today. They opment and growth of the Internet was Internet can remain free from burden- both fought tirelessly alongside me and aided by the tax moratorium. In 1998, some and discriminatory taxes. our former colleague, Mr. Allen from the year the moratorium was first en- Legislation to keep the Internet free Virginia, to get the moratorium ex- acted, 36 percent of U.S. adults re- from these taxes has passed the Senate tended in 2004. I am pleased that they ported using the Internet. In 2006, that 3 times since 1998 with sunsets that re- are now replacing Mr. Allen as my bi- number grew to 73 percent, an all time quired consecutive extensions. A per- partisan partners on this important high according to an April 2006 Pew manent moratorium on Internet tax- piece of legislation. It is my hope that Internet & American Life Project Re- ation passed through both the Com- the three of us, working with the rest port. However, the report also found merce and Finance Committees in the of our colleagues, can get this all-im- that Americans in the lowest income 109th Congress yet failed to get action portant piece of legislation passed households are considerably less likely on the Senate floor. early this year so we do not have to to be online. Just 55 percent of adults I come to the Floor again, bringing worry about it as the November 1st living in households with less than up Internet Taxation, because the mor- deadline fast approaches. $30,000 annual income go online, versus atorium on Internet Taxation is set to Mr. President, I ask unanimous con- 73 percent of those whose income is be- expire on November 1st of this year. In sent that the text of the bill be printed tween $30,000–$50,000. This ‘‘digital di- only 11 months, if Congress does not in the RECORD. vide’’ needs to be closed immediately. act, the moratorium on Internet Tax- There being no objection, the bill was Continuing Congress’s policy of reduc- ation that has allowed the Internet and ordered to be printed in the RECORD, as ing the cost of Internet access, by pre- e-commerce to flourish will cease to follows: venting the service from being taxed, is protect American consumers and S. 156 one step we can take now to close the American businesses. Be it enacted by the Senate and House of Rep- ‘‘digital divide.’’ I don’t want those who use the Inter- resentatives of the United States of America in As use of the Internet has grown, so Congress assembled, net to end up like our ancestors: they has e-commerce. According to the most SECTION 1. SHORT TITLE. were told the Spanish-American War This Act may be cited as the ‘‘Permanent recent comScore Networks report, telephone tax was ‘‘temporary,’’ and Internet Tax Freedom Act of 2007’’. Americans spent over $100 billion on that the tax was just needed to pay for SEC. 2. PERMANENT MORATORIUM ON INTERNET Internet purchases during 2006, a major the war. That war ended two centuries ACCESS TAXES AND MULTIPLE AND milestone for retailers and the World ago, and Congress is just now getting DISCRIMINATORY TAXES ON ELEC- Wide Web. This legislation would en- TRONIC COMMERCE. sure that online transactions are not around to getting rid of the tax! Section 1101(a) of the Internet Tax Free- The last time I checked, the Internet dom Act (47 U.S.C. 151 note) is amended by taxed by cities or States at a rate high- shows no sign of riding off into the sun- striking ‘‘taxes during the period beginning er than other sales transactions. set, or becoming obsolete. You can bet November 1, 2003, and ending November 1, Again, the goal of this legislation is to that once discriminatory taxes are 2007:’’ and inserting ‘‘taxes:’’ make the Internet affordable to all
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S149 Americans and foster the growth of the These cost increases have been par- purchasing cooperatives. These co- Internet. ticularly burdensome for small busi- operatives will enable small businesses With respect to the question of nesses, the backbone of the Maine to band together to purchase health in- whether it is wise to make Internet ac- economy. Maine small business owners surance jointly. This will help to re- cess tax free, Congress has a long his- want to provide coverage for their em- duce their costs and improve the qual- tory of giving tax incentives to com- ployees, but they are caught in a cost ity of their employee’s health care. mercial activities that we believe help squeeze. They know that if they pass The legislation would also authorize our society. The Internet is a tech- on premium increases to their employ- a Small Business Administration grant nology that is a source of and vehicle ees, more of them will decline cov- program for States, local governments for significant economic benefits. The erage. Yet these small businesses sim- and non-profit organizations to provide proponents of this legislation strongly ply cannot afford to absorb double- information about the benefits of believe the Internet clearly merits the digit increases in their health insur- health insurance to small employers, tax incentives provided by this bill. ance premiums year after year. including tax benefits, increased pro- I recognize that there are some who The problem of rising costs is even ductivity of employees, and decreased wish to continue to make the Internet more acute for individuals and families turnover. These grants would also be tax moratorium temporary. Their who must purchase health insurance on used to make employers aware of their premise is that the Internet will con- their own. Monthly health insurance current incentives under State and tinue to evolve and thus Internet ac- premiums in Maine often exceed a fam- Federal laws. While costs are clearly a cess may develop into a service the ily’s mortgage payment. Clearly, we problem, many small employers are States and localities would wish to tax. must do more to make health insur- simply not aware of laws that have al- I believe that this moratorium should ance more available and affordable. ready been enacted by both States and be permanent to continue encouraging The Access to Affordable Health Care the Federal government to make those very Internet-related innova- Act, which we are introducing today, is health insurance more affordable. For tions. By making the moratorium per- a seven-point plan that combines a va- example, in one survey, 57 percent of manent, businesses that invest in and riety of public and private approaches. small employers did not know that provide Internet access will be able to The legislation’s seven goals are: one, they could deduct 100 percent of their operate in a predictable tax environ- to expand access to affordable health health insurance premiums as a busi- ment. This will result in continued in- care for small businesses; two, to make ness expense. vestment in this very important social, health insurance more affordable for The legislation would also create a political and economic medium. individuals and families purchasing new program to encourage innovation Congress now has the opportunity to coverage on their own; three, to by awarding demonstration grants in extend permanently the Internet tax strengthen the health care safety net up to 10 States conducting innovative moratorium and assure consumers that for those without coverage; four, to ex- coverage expansions, such as alter- taxes will not inhibit the offering of af- pand access to care in rural and under- native group purchasing or pooling ar- fordable Internet access. By supporting served areas; five, to increase access to rangements, individual or small group this legislation, we can continue to affordable long-term care; six to pro- market reforms, or subsidies to em- promote Internet usage by Americans mote healthier lifestyles; and seven, to ployers or individuals purchasing cov- as well as encourage innovation relat- provide more equitable Medicare pay- erage. The States have long been lab- ing to this technology. For these rea- ments to Maine providers to reduce the oratories for reform, and they should sons, I ask my colleagues to support Medicare shortfall, which has forced be encouraged in the development of this pro-consumer, pro-innovation, and innovative programs that can serve as pro-technology bill. hospitals, physicians and other pro- viders to shift costs onto other payers models for the Nation. By Ms. COLLINS (for herself and in the form of higher charges, which in The Access to Affordable Health Care Ms. LANDRIEU): turn drives up health care premiums. Act will also expand access to afford- S. 158. A bill to expand access to af- Let me discuss each of these seven able health care for individuals and fordable health care and to strengthen points in greater detail. families. One of the first bills that I the health care safety net and make First, our legislation will help small sponsored when I came to the Senate health care services more available in employers cope with rising health care was legislation to establish the State rural and underserved areas; to the costs. Child Health Insurance Program, which Committee on Finance. Since most Americans get their provides insurance for the children of Ms. COLLINS. Mr. President, I am health insurance through the work- low-income parents who cannot afford pleased to join with my colleague from place, it is a common assumption that health insurance, yet make too much Louisiana, Senator LANDRIEU, in intro- people without health insurance are money to qualify for Medicaid. Since ducing the Access to Affordable Health unemployed. The fact is, however, that 1997, this program, which is known as Care Act, a comprehensive plan that as many as 83 percent of Americans SCHIP, has contributed to a one-third builds on the strengths of our current who do not have health insurance are decline in the uninsured rate of low-in- public programs and private health in a family with a worker. come children. Today, over six million care system to make affordable health Uninsured working Americans are children—including approximately care available to millions more Ameri- most often employees of small busi- 14,500 in Maine—receive health care cans. nesses. In fact, some 63 per cent of un- coverage through this remarkably ef- One of my priorities in the Senate insured workers are employed by small fective health care program. has been to expand access to affordable firms. Smaller firms generally face First, our legislation will shore up health care. There are still far too higher costs for health insurance than the looming shortfalls in SCHIP fund- many Americans without health insur- larger firms, which makes them less ing that 17 states—including Maine— ance or with woefully inadequate cov- likely to offer coverage. The Access to will face in Fiscal Year 2007 to ensure erage. As many as 46 million Ameri- Affordable Health Care Act will help that children currently enrolled in the cans are uninsured, and millions more these employers cope with rising costs program do not lose their coverage. are underinsured. by creating new tax credits for small Just prior to adjournment in Decem- Maine is in the midst of a growing businesses to make health insurance ber, the Congress approved legislation health insurance crisis, with insurance more affordable. It will encourage to partially address these shortfalls. premiums rising at alarming rates. those small businesses that do not offer That legislation, however, provides Whether I am talking to a self-em- health insurance to do so and will help only about one-fifth of the funds need- ployed fisherman, a displaced worker, employers that do offer insurance to ed. Our legislation will close that gap. the owner of a struggling small busi- continue coverage for their employees Our legislation also builds on the ness, or the human resource manager even in the face of rising costs. success of the SCHIP program and of a large company, the soaring costs Our legislation will also provide gives States a number of new tools to of health insurance is a common con- grants to provide start-up funding to increase participation. The bill author- cern. States to help businesses to form group izes new grants for States and non-
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S150 CONGRESSIONAL RECORD — SENATE January 4, 2007 profit organizations to conduct innova- heimer’s Disease, I am particularly to ensure that the Medicare system re- tive outreach and enrollment efforts to sensitive to the long-term care needs of wards rather than punishes states like ensure that all eligible children are patients with chronic diseases like Alz- Maine that deliver high-quality, cost- covered. States would also have the op- heimer’s and their families. effective Medicare services to our el- tion of covering the parents of the chil- Long-term care is the major cata- derly and disabled citizens. dren who are enrolled in programs like strophic health care expense faced by The Medicare Modernization Act of MaineCare. States could also use funds older Americans today, and these costs 2003 and subsequent legislation did provided through this program to help will only increase with the aging of the take some significant steps toward pro- eligible working families pay their baby boomers. Most Americans mistak- moting greater fairness by increasing share of an employer-based health in- enly believe that Medicare or their pri- Medicare payments to rural hospitals surance plan. In short, the legislation vate health insurance policies will and by modifying geographic adjust- will help ensure that the entire family cover the costs of long-term care ment factors that discriminated receives the health care they need. should they develop a chronic illness or against physicians and other providers And finally, to help make health cov- cognitive impairment like Alzheimer’s in rural areas. The legislation we are erage more affordable for low and mid- Disease. Unfortunately, far too many introducing today will build on those dle-income individuals and families do not discover that they do not have improvements by establishing State who do not have employer-provided coverage until they are confronted pilot programs that reward providers of coverage and who are not eligible for with the difficult decision of placing a high- quality, cost-efficient Medicare the expanded programs, our legislation much-loved parent or spouse in long- services. would provide an advanceable, refund- term care and facing the shocking real- The Access to Affordable Health Care able tax credit of up to $1,000 for indi- ization that they will have to cover the Act outlines a blueprint for reform viduals earning up to $30,000 and up to costs themselves. based on principles upon which I be- $3,000 for families earning up to $60,000. The Access to Affordable Health Care lieve a bipartisan majority in Congress This could provide coverage for up to Act will provide a tax credit for long- could agree. The plan takes significant six million Americans who would oth- term care expenses of up to $3,000 to strides toward the goal of universal erwise be uninsured for one or more provide some help to those families health care coverage by bringing mil- months, and will help many more struggling to provide long-term care to lions more Americans into the insur- working lower-income families who a loved one. It will also encourage ance system and by strengthening the currently purchase private health in- more Americans to plan for their fu- health care safety net. surance with little or no government ture long-term care needs by providing Ms. LANDRIEU. Mr. President, I am help. a tax deduction to help them purchase pleased to join with my colleague from To strengthen our nation’s health long-term care insurance. Main, Senator COLLINS, in introducing care safety net, the Access to Afford- Health insurance alone is not going the Access to Affordable Health Care able Health Care Act calls for a dou- to ensure good health. As noted author Act. The latest available Census fig- bling of funding over five years for the and physician Dr. Michael Crichton has ures show that 46.6 million people in Consolidated Health Centers program, observed, ‘‘the future of medicine lies our country—including almost 19 per- which includes community, migrant, not in treating illness, but preventing cent of the people in my home State of public housing and homeless health it.’’ Many of our most serious health Louisiana—are without health insur- centers. problems are directly related to ance. These centers, which operate in un- unhealthy behaviors—smoking, lack of This statistic has been referred to so derserved urban and rural commu- regular exercise, and poor diet. These often in the media and in this body nities, provide critical primary care three major risk factors alone have that it is almost possible to hear it services to millions of Americans, re- without realizing the full impact of gardless of their ability to pay. About made Maine the state with the fourth such uncertainty on one’s day-to-day 20 percent of the patients treated in highest death rate due to four largely life. 46.6 million people without health Maine’s community health centers preventable diseases: cardiovascular insurance means 36.3 million families have no insurance coverage and many disease, cancer, chronic lung disease struggling with the knowledge that more have inadequate coverage, so and diabetes. These four chronic dis- they may be just one hospitalization these centers are a critical part of our eases are responsible for 70 percent of away from bankruptcy. It means 8.3 nation’s health care safety net. the health care problems in Maine. The problem of access to affordable Our bill therefore contains a number million children who may not be able health care services is not limited to of provisions designed to promote to access the care they need to prevent the uninsured, but is also shared by healthy lifestyles. An ever-expanding increasingly common and often debili- many Americans living in rural and body of evidence shows that invest- tating chronic illnesses such as diabe- underserved areas where there is a ments in health promotion and preven- tes and asthma, adversely affecting shortage of health care providers. The tion offer returns not only in reduced them for the rest of their lives. It Access to Affordable Health Care Act health care bills, but in longer life and means 27.3 million Americans with therefore calls for increased funding increased productivity. The legislation jobs, who work everyday knowing that for the National Health Service Corps, will provide grants to States to assist they still may not be able to provide which supports doctors, dentists, and small businesses wishing to establish for their families in their time of need. other clinicians who serve in rural and ‘‘worksite wellness’’ programs for their Across the country, small business inner city areas. employees. It would also authorize a owners and families are struggling The legislation will also give the pro- grant program to support new and ex- with the high cost of health care. This gram greater flexibility by allowing isting ‘‘community partnerships,’’ such is particularly true in Louisiana and National Health Service Corps partici- as the Healthy Community Coalition in across the gulf coast, where recovery pants to fulfill their commitment on a Maine’s Franklin County, to promote from the 2005 hurricanes has already part-time basis. Current law requires healthy lifestyles among hospitals, em- placed heavy burdens on thousands of all National Health Service Corps par- ployers, schools and community orga- families trying to rebuild and busi- ticipants to serve full-time. Many rural nizations. And, it would provide funds nesses working to reopen. Since 2000, communities, however, simply do not for States to establish or expand com- the number of employees nationwide have enough volume to support a full- prehensive school health education, in- receiving health insurance through time health care practitioner. More- cluding, for example, physical edu- their employers has actually decreased, over, some sites may not need a par- cation programs that promote lifelong reversing the progress we saw in the ticular type of provider on a full-time physical activity, healthy food service 1990s. Small businesses create two out basis. Our bill therefore gives the pro- selections, and programs that promote of every three new jobs in America and gram additional flexibility to meet a healthy and safe school environment. account for nearly half of America’s community needs. And finally, the Access to Affordable overall employment. Yet only 26 per- As the Senate co-chair of the bipar- Health Care Act would promote greater cent of businesses with fewer than 50 tisan Congressional Task Force on Alz- equity in Medicare payments and help employees can offer health insurance
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00150 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S151 to their employees. The Access to Af- LANDRIEU and VITTER to introduce a bi- fected by the magnitude of a localized fordable Health Care Act gives the partisan proposal, the Small Business destruction. We saw this when the ter- small businesses that are the backbone Hurricane Relief and Reconstruction rorist attacks of September 11, 2001 af- of this country the opportunity to help Act of 2006 S. 1807. This proposal was fected businesses from coast to coast, make their employees’ lives just a lit- opposed by the administration. In and we saw it again with the 2005 Gulf tle easier. June, I introduced the Small Business Coast hurricanes. Should another cata- This legislation further provides for Disaster Loan Reauthorization and Im- strophic disaster strike, the President the expansion of the enormously suc- provements Act of 2006, S. 3487 which should have the authority to provide cessful SCHIP program, allowing once again attempted to comprehen- businesses across the country with ac- States to cover increased numbers of sively address the shortcomings of the cess to the same low-interest economic pregnant women and poor, working SBA’s Disaster Assistance program. injury loans available to businesses adults. It allows for more community Again, the administration opposed this within the declared disaster area. health centers and encourages health effort. In August, the Small Business Non-profit entities working to pro- care providers to practice in the in- Committee unanimously reported S. vide services to victims should be re- creasingly underserved rural areas of 3778, the Small Business Reauthoriza- warded and given access to the capital all States. It gives businesses the tools tion and Improvements Act of 2006, they require to continue their services. to not only insure their employees which again put forward a bipartisan, To this end, the administrator is au- against illness but to encourage comprehensive fix for this program. Fi- thorized to make disaster loans to non- wellness, decreasing health care costs nally, in December, just prior to the profit entities, including religious or- for everybody. It allows our govern- adjournment of the 109th Congress, yet ganizations. Construction and rebuilding con- ment to reward States that find ways another attempt was made at reaching tracts being awarded are likely to be to improve health outcomes among a bipartisan consensus with the intro- larger than the current $2 million Medicare patients, actively supporting duction of S. 4097, the Small Business threshold currently applied to the SBA the types of cost-efficient successes Disaster Response and Loan Improve- Surety Bond Program, which helps that improve the quality of life. ments Act of 2006. The administration small construction firms gain access to A country identified by its ingenuity maintained its opposition to the fixes contracts. This bill increases the guar- and creativity has a moral responsi- proposed in this bill. antee against loss for small business bility to do more than we have to pro- Now, on the first day of this new Con- contracts up to $5 million and allows vide its citizens with the ability to gress, I am introducing the Small Busi- the administrator to increase that keep their families safe and healthy. ness Disaster Response and Loan Im- level to $10 million, if deemed nec- These comprehensive, real steps for- provements Act of 2007. Once again, this bill enjoys bipartisan support by essary. ward will open new doors of oppor- The bill also provides for Small Busi- the chair and the ranking minority tunity and access to affordable health ness Development Centers to offer busi- member of the Small Business Com- care for millions of American families ness counseling in disaster areas, and and business owners, and I am proud to mittee, as well as by the Democratic to travel beyond traditional geographic have partnered with Senator COLLINS and Republican Senators of Louisiana, boundaries to provide services during in this important pursuit. I encourage whose constituents continue to wait declared disasters. To encourage Small my colleagues to consider this legisla- for their Government to respond appro- Business Development Centers located tion and to help provide our all our priately. I am introducing this bill on in disaster areas to keep their doors constituents with the peace of mind. the first day of the 110th Congress be- open, the maximum grant amount of cause as the incoming chair of the $100,000 is waived. By Mr. KERRY (for himself, Ms. Small Business Committee, improving So that Congress may remain better SNOWE, Ms. LANDRIEU, and Mr. the Disaster Assistance program at the aware of the status of the administra- VITTER): SBA is among my top priorities. tion’s disaster loan program, this bill S. 163. A bill to improve the disaster This bill includes directives for the directs the administration to report to loan program at the Small Business SBA to create a private disaster loan the Committee on Small Business and Administration, and for other pur- program, to allow for lenders to issue Entrepreneurship of the Senate and to poses; to the Committee on Small Busi- disaster loans. To ensure that these the Committee on Small Business of ness and Entrepreneurship. loans are borrower-friendly, we provide the House of Representatives regularly Mr. KERRY. Mr. President, 16 authorization for appropriations so on the fiscal status of the disaster loan months after Hurricane Katrina struck that the agency can subsidize the in- program as well as the need for supple- the Gulf Coast, small business owners terest rates. In addition, the adminis- mental funding. The adiministration is in New Orleans and across Louisiana trator is authorized to enter into also directed to report on the number are still struggling to keep their doors agreements with private contractors in of Federal contracts awarded to small open and their employees working. In order to expedite loan application proc- businesses, minority-owned small busi- those 16 months, I have worked with essing for direct disaster loans. nesses, women-owned businesses, and Senators SNOWE, LANDRIEU, and VITTER The bill also includes language di- local businesses during a disaster dec- to produce a comprehensive package to recting SBA to create an expedited dis- laration. reform the SBA’s Disaster Assistance aster assistance loan program to pro- Finally, gas prices continue to fluc- program. The SBA’s failed response in vide businesses with short-term loans tuate, and fuel-dependent small busi- a time of unmatched need dem- so that they may keep their doors open nesses are struggling with the cost of onstrated to everyone that this pro- until they receive alternative forms of energy. This bill provides relief to gram is broken and needs fixing. assistance. The days immediately fol- small business owners during times of Immediately after Hurricane Katrina lowing a disaster are crucial for busi- above average energy price increases, hit, I introduced an amendment with ness owners—statistics show that once authorizing energy disaster loans Senator LANDRIEU to the fiscal year they close their doors, they likely will through the Small Business Adminis- 2006 Commerce, Justice and Science ap- not open them again. These short-term tration and the United States Depart- propriations bill to address the needs of loans should help prevent those doors ment of Agriculture to companies that Gulf Region small business and home- from closing. are dependent on fuel. owners. The amendment was adapted A presidential declaration of Cata- In the 16 months since Katrina with input from Chair SNOWE, and a strophic National Disaster will allow struck, I have visited New Orleans subsequent bipartisan amendment the administrator to offer economic in- three times. I have met with the life- passed the Senate with a vote of 96–0. jury disaster loans to adversely af- blood of that city—its small business Although the entire Senate supported fected business owners beyond the geo- owners—the shopowners on Bourbon the amendment, it was stripped out of graphic reach of the disaster area. In Street and on Magazine Street who the bill in conference. the event of a large-scale disaster, make that city unique. The people of On September 30, 2005, I again worked businesses located far from the phys- New Orleans are resilient, and they re- with Chair SNOWE and Senators ical reach of the disaster can be af- main hopeful; they are keeping their
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The ability of a lender to use its own too long a time to wait to reform and disadvantaged individuals’’ has the same loan documentation for a loan offered under improve a program that could have meaning as in section 8 of the Small Busi- this subsection shall not be considered part breathed relief into this city’s economy ness Act (15 U.S.C. 637). of the criteria for becoming a qualified pri- during a time of desperation. As this TITLE I—PRIVATE DISASTER LOANS vate lender under the regulations promul- gated under paragraph (9). new Congress begins, I call on my col- SEC. 101. PRIVATE DISASTER LOANS. ‘‘(9) IMPLEMENTATION REGULATIONS.— leagues to support this legislation, a (a) IN GENERAL.—Section 7 of the Small ‘‘(A) IN GENERAL.—Not later than 1 year bipartisan labor of more than a year’s Business Act (15 U.S.C. 636) is amended— after the date of enactment of the Small (1) by redesignating subsections (c) and (d) worth of negotiations. The tools of- Business Disaster Response and Loan Im- as subsections (d) and (e), respectively; and fered within this bill will go a long way provements Act of 2007, the Administrator (2) by inserting after subsection (b) the fol- toward heading off another Katrina- shall issue final regulations establishing per- lowing: manent criteria for qualified private lenders. like response to any future cata- ‘‘(c) PRIVATE DISASTER LOANS.— ‘‘(B) REPORT TO CONGRESS.—Not later than strophic disaster. ‘‘(1) DEFINITIONS.—In this subsection— 6 months after the date of enactment of the Mr. President, I ask unanimous con- ‘‘(A) the term ‘disaster area’ means a coun- Small Business Disaster Response and Loan sent that the text of the bill be printed ty, parish, or similar unit of general local Improvements Act of 2007, the Administrator government in which a disaster was declared in the RECORD. shall submit a report on the progress of the under subsection (b); There being no objection, the text of regulations required by subparagraph (A) to ‘‘(B) the term ‘eligible small business con- the bill was ordered to be printed in the Committee on Small Business and Entre- cern’ means a business concern that is— the RECORD, as follows: preneurship of the Senate and the Com- ‘‘(i) a small business concern, as defined in S. 163 mittee on Small Business of the House of this Act; or Representatives. Be it enacted by the Senate and House of Rep- ‘‘(ii) a small business concern, as defined in ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— resentatives of the United States of America in section 103 of the Small Business Investment ‘‘(A) IN GENERAL.—Amounts necessary to Congress assembled, Act of 1958; and carry out this subsection shall be made SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(C) the term ‘qualified private lender’ available from amounts appropriated to the (a) SHORT TITLE.—This Act may be cited as means any privately-owned bank or other Administration under subsection (b). the ‘‘Small Business Disaster Response and lending institution that the Administrator ‘‘(B) AUTHORITY TO REDUCE INTEREST Loan Improvements Act of 2007’’. determines meets the criteria established RATES.—Funds appropriated to the Adminis- (b) TABLE OF CONTENTS.—The table of con- under paragraph (9). tration to carry out this subsection, may be tents for this Act is as follows: ‘‘(2) AUTHORIZATION.—The Administrator used by the Administrator, to the extent Sec. 1. Short title; table of contents. may guarantee timely payment of principal available, to reduce the applicable rate of in- Sec. 2. Definitions. and interest, as scheduled on any loan issued terest for a loan guaranteed under this sub- by a qualified private lender to an eligible TITLE I—PRIVATE DISASTER LOANS section by not more than 3 percentage small business concern located in a disaster points.’’. Sec. 101. Private disaster loans. area. (b) EFFECTIVE DATE.—The amendments Sec. 102. Technical and conforming amend- ‘‘(3) USE OF LOANS.—A loan guaranteed by made by this section shall apply to disasters ments. the Administrator under this subsection may declared under section 7(b)(2) of the Small TITLE II—DISASTER RELIEF AND be used for any purpose authorized under Business Act (631 U.S.C. 636(b)(2)) before, on, RECONSTRUCTION subsection (a) or (b). or after the date of enactment of this Act. Sec. 201. Definition of disaster area. ‘‘(4) ONLINE APPLICATIONS.— SEC. 102. TECHNICAL AND CONFORMING AMEND- Sec. 202. Disaster loans to nonprofits. ‘‘(A) ESTABLISHMENT.—The Administrator MENTS. Sec. 203. Disaster loan amounts. may establish, directly or through an agree- The Small Business Act (15 U.S.C. 631 et Sec. 204. Small business development center ment with another entity, an online applica- seq.) is amended— portability grants. tion process for loans guaranteed under this (1) in section 4(c)— Sec. 205. Assistance to out-of-State busi- subsection. (A) in paragraph (1), by striking ‘‘7(c)(2)’’ nesses. ‘‘(B) OTHER FEDERAL ASSISTANCE.—The Ad- and inserting ‘‘7(d)(2)’’; and Sec. 206. Outreach programs. ministrator may coordinate with the head of (B) in paragraph (2)— Sec. 207. Small business bonding threshold. any other appropriate Federal agency so (i) by striking ‘‘7(c)(2)’’ and inserting Sec. 208. Contracting priority for local small that any application submitted through an ‘‘7(d)(2)’’; and businesses. online application process established under (ii) by striking ‘‘7(e),’’; and Sec. 209. Termination of program. this paragraph may be considered for any (2) in section 7(b), in the undesignated mat- Sec. 210. Increasing collateral requirements. other Federal assistance program for dis- ter following paragraph (3)— TITLE III—DISASTER RESPONSE aster relief. (A) by striking ‘‘That the provisions of ‘‘(C) CONSULTATION.—In establishing an on- paragraph (1) of subsection (c)’’ and inserting Sec. 301. Definitions. ‘‘That the provisions of paragraph (1) of sub- Sec. 302. Business expedited disaster assist- line application process under this para- graph, the Administrator shall consult with section (d)’’; and ance loan program. (B) by striking ‘‘Notwithstanding the pro- Sec. 303. Catastrophic national disasters. appropriate persons from the public and pri- vate sectors, including private lenders. visions of any other law the interest rate on Sec. 304. Public awareness of disaster dec- the Administration’s share of any loan made laration and application peri- ‘‘(5) MAXIMUM AMOUNTS.— ‘‘(A) GUARANTEE PERCENTAGE.—The Admin- under subsection (b) except as provided in ods. subsection (c),’’ and inserting ‘‘Notwith- Sec. 305. Consistency between Administra- istrator may guarantee not more than 85 percent of a loan under this subsection. standing any other provision of law, and ex- tion regulations and standard cept as provided in subsection (d), the inter- operating procedures. ‘‘(B) LOAN AMOUNTS.—The maximum amount of a loan guaranteed under this sub- est rate on the Administration’s share of any Sec. 306. Processing disaster loans. loan made under subsection (b)’’. Sec. 307. Development and implementation section shall be $3,000,000. of major disaster response plan. ‘‘(6) LOAN TERM.—The longest term of a TITLE II—DISASTER RELIEF AND Sec. 308. Congressional oversight. loan for a loan guaranteed under this sub- RECONSTRUCTION section shall be— TITLE IV—ENERGY EMERGENCIES SEC. 201. DEFINITION OF DISASTER AREA. ‘‘(A) 15 years for any loan that is issued In this title, the term ‘‘disaster area’’ Sec. 401. Findings. without collateral; and means an area affected by a natural or other Sec. 402. Small business energy emergency ‘‘(B) 25 years for any loan that is issued disaster, as determined for purposes of para- disaster loan program. with collateral. graph (1) or (2) of section 7(b) of the Small Sec. 403. Agricultural producer emergency ‘‘(7) FEES.— Business Act (15 U.S.C. 636(b)), during the pe- loans. ‘‘(A) IN GENERAL.—The Administrator may riod of such declaration. Sec. 404. Guidelines and rulemaking. not collect a guarantee fee under this sub- SEC. 202. DISASTER LOANS TO NONPROFITS. Sec. 405. Reports. section. Section 7(b) of the Small Business Act (15 SEC. 2. DEFINITIONS. ‘‘(B) ORIGINATION FEE.—The Administrator U.S.C. 636(b)) is amended by inserting imme- In this Act— may pay a qualified private lender an origi- diately after paragraph (3) the following: (1) the terms ‘‘Administration’’ and ‘‘Ad- nation fee for a loan guaranteed under this ‘‘(4) LOANS TO NONPROFITS.—In addition to ministrator’’ mean the Small Business Ad- subsection in an amount agreed upon in ad- any other loan authorized by this subsection, ministration and the Administrator thereof, vance between the qualified private lender the Administrator may make such loans (ei- respectively; and the Administrator. ther directly or in cooperation with banks or
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other lending institutions through agree- out regard to geographic proximity, if the ‘‘(A) IN GENERAL.—The head of each execu- ments to participate on an immediate or de- small business concerns are located in a dis- tive agency shall give priority in the award- ferred basis) as the Administrator deter- aster area declared under section 7(b)(2)(A). ing of contracts and the placement of sub- mines appropriate to a nonprofit organiza- ‘‘(ii) CONTINUITY OF SERVICES.—A small contracts for disaster relief to local small tion located or operating in an area affected business development center that provides business concerns by using, as appropriate— by a natural or other disaster, as determined counselors to an area described in clause (i) ‘‘(i) preferential factors in evaluations of under paragraph (1) or (2), or providing serv- shall, to the maximum extent practicable, contract bids and proposals; ices to persons who have evacuated from any ensure continuity of services in any State in ‘‘(ii) competitions restricted to local small such area.’’. which such small business development cen- business concerns, where there is a reason- SEC. 203. DISASTER LOAN AMOUNTS. ter otherwise provides services. able expectation of receiving competitive, (a) INCREASED LOAN CAPS.—Section 7(b) of ‘‘(iii) ACCESS TO DISASTER RECOVERY FACILI- reasonably priced bids or proposals from not the Small Business Act (15 U.S.C. 636(b)) is TIES.—For purposes of providing disaster re- fewer than 2 local small business concerns; amended by inserting immediately after covery assistance under this subparagraph, ‘‘(iii) requirements of preference for local paragraph (4), as added by this title, the fol- the Administrator shall, to the maximum ex- small business concerns in subcontracting lowing: tent practicable, permit small business de- plans; and ‘‘(5) INCREASED LOAN CAPS.— velopment center personnel to use any site ‘‘(iv) assessments of liquidated damages and other contractual penalties, including ‘‘(A) AGGREGATE LOAN AMOUNTS.—Except as or facility designated by the Administrator provided in clause (ii), and notwithstanding for use to provide disaster recovery assist- contract termination. any other provision of law, the aggregate ance.’’. ‘‘(B) OTHER DISASTER ASSISTANCE.—Priority shall be given to local small business con- loan amount outstanding and committed to SEC. 206. OUTREACH PROGRAMS. cerns in the awarding of contracts and the a borrower under this subsection may not ex- (a) IN GENERAL.—Not later than 30 days placement of subcontracts for disaster relief ceed $5,000,000. after the date of the declaration of a disaster in any Federal procurement and any pro- ‘‘(B) WAIVER AUTHORITY.—The Adminis- area, the Administrator may establish a con- curement by a State or local government trator may, at the discretion of the Adminis- tracting outreach and technical assistance made with Federal disaster assistance funds. trator, waive the aggregate loan amount es- program for small business concerns which ‘‘(4) DEFINITIONS.—In this subsection— tablished under clause (i).’’. have had a primary place of business in, or ‘‘(A) the term ‘declared disaster’ means a (b) DISASTER MITIGATION.— other significant presence in, such disaster disaster, as designated by the Administrator; (1) IN GENERAL.—Section 7(b)(1)(A) of the area. ‘‘(B) the term ‘disaster area’ means any Small Business Act (15 U.S.C. 636(b)(1)(A)) is (b) ADMINISTRATOR ACTION.—The Adminis- State or area affected by a declared disaster, amended by inserting ‘‘of the aggregate costs trator may fulfill the requirement of sub- as determined by the Administrator; of such damage or destruction (whether or section (a) by acting through— ‘‘(C) the term ‘executive agency’ has the not compensated for by insurance or other- (1) the Administration; same meaning as in section 105 of title 5, wise)’’ after ‘‘20 per centum’’. (2) the Federal agency small business offi- United States Code; and (2) EFFECTIVE DATE.—The amendment cials designated under section 15(k)(1) of the ‘‘(D) the term ‘local small business con- made by paragraph (1) shall apply with re- Small Business Act (15 U.S.C. 644(k)(1)); or cern’ means a small business concern that— spect to a loan or guarantee made after the (3) any Federal, State, or local government ‘‘(i) on the date immediately preceding the date of enactment of this Act. entity, higher education institution, pro- date on which a declared disaster occurred— (c) TECHNICAL AMENDMENTS.—Section 7(b) curement technical assistance center, or pri- ‘‘(I) had a principal office in the disaster of the Small Business Act (15 U.S.C. 636(b)) is vate nonprofit organization that the Admin- area for such declared disaster; and amended— istrator may determine appropriate, upon ‘‘(II) employed a majority of the workforce (1) in the matter preceding paragraph (1), conclusion of a memorandum of under- of such small business concern in the dis- by striking ‘‘the, Administration’’ and in- standing or assistance agreement, as appro- aster area for such declared disaster; and serting ‘‘the Administration’’; priate, with the Administrator. ‘‘(ii) is capable of performing a substantial (2) in paragraph (2)(A), by striking ‘‘Dis- SEC. 207. SMALL BUSINESS BONDING THRESH- proportion of any contract or subcontract aster Relief and Emergency Assistance Act’’ OLD. for disaster relief within the disaster area for and inserting ‘‘Robert T. Stafford Disaster (a) IN GENERAL.—Except as provided in such declared disaster, as determined by the Relief and Emergency Assistance Act (42 subsection (b), and notwithstanding any Administrator.’’. U.S.C. 5121 et seq.)’’; and other provision of law, for any procurement SEC. 209. TERMINATION OF PROGRAM. (3) in the undesignated matter at the end— related to a major disaster (as that term is Section 711(c) of the Small Business Com- (A) by striking ‘‘, (2), and (4)’’ and insert- defined in section 102 of the Robert T. Staf- petitive Demonstration Program Act of 1988 ing ‘‘and (2)’’; and ford Disaster Relief and Emergency Assist- (15 U.S.C. 644 note) is amended by inserting (B) by striking ‘‘, (2), or (4)’’ and inserting ance Act (42 U.S.C. 5122)), the Administrator after ‘‘January 1, 1989’’ the following: ‘‘, and ‘‘(2)’’. may, upon such terms and conditions as the shall terminate on the date of enactment of SEC. 204. SMALL BUSINESS DEVELOPMENT CEN- Administrator may prescribe, guarantee and the Small Business Disaster Response and TER PORTABILITY GRANTS. enter into commitments to guarantee any Loan Improvements Act of 2007’’. Section 21(a)(4)(C)(viii) of the Small Busi- surety against loss resulting from a breach SEC. 210. INCREASING COLLATERAL REQUIRE- ness Act (15 U.S.C. 648(a)(4)(C)(viii)) is of the terms of a bid bond, payment bond, MENTS. amended— performance bond, or bonds ancillary there- Section 7(d)(6) of the Small Business Act (1) in the first sentence, by striking ‘‘as a to, by a principal on any total work order or (15 U.S.C. 636), as so designated by section result of a business or government facility contract amount at the time of bond execu- 101, is amended by striking ‘‘$10,000 or less’’ down sizing or closing, which has resulted in tion that does not exceed $5,000,000. and inserting ‘‘$14,000 or less (or such higher the loss of jobs or small business instability’’ (b) INCREASE OF AMOUNT.—Upon request of amount as the Administrator determines ap- and inserting ‘‘due to events that have re- the head of any Federal agency other than propriate in the event of a catastrophic na- sulted or will result in, business or govern- the Administration involved in reconstruc- tional disaster declared under subsection ment facility downsizing or closing’’; and tion efforts in response to a major disaster, (b)(6))’’. (2) by adding at the end ‘‘At the discretion the Administrator may guarantee and enter TITLE III—DISASTER RESPONSE of the Administrator, the Administrator into a commitment to guarantee any secu- SEC. 301. DEFINITIONS. may make an award greater than $100,000 to rity against loss under subsection (a) on any In this title— a recipient to accommodate extraordinary total work order or contract amount at the (1) the term ‘‘catastrophic national dis- occurrences having a catastrophic impact on time of bond execution that does not exceed aster’’ has the meaning given the term in the small business concerns in a commu- $10,000,000. section 7(b)(6) of the Small Business Act (15 nity.’’. SEC. 208. CONTRACTING PRIORITY FOR LOCAL U.S.C. 636(b)), as added by this Act; SEC. 205. ASSISTANCE TO OUT-OF-STATE BUSI- SMALL BUSINESSES. (2) the term ‘‘declared disaster’’ means a NESSES. Section 15(d) of the Small Business Act (15 major disaster or a catastrophic national Section 21(b)(3) of the Small Business Act U.S.C. 644(d)) is amended— disaster; (15 U.S.C. 648(b)(3)) is amended— (1) by striking ‘‘(d) For purposes’’ and in- (3) the term ‘‘disaster loan program of the (1) by striking ‘‘At the discretion’’ and in- serting the following: Administration’’ means assistance under sec- serting the following: ‘‘SMALL BUSINESS DE- ‘‘(d) CONTRACTING PRIORITIES.— tion 7(b) of the Small Business Act (15 U.S.C. VELOPMENT CENTERS.— ‘‘(1) IN GENERAL.—For purposes’’; and 636(b)); ‘‘(A) IN GENERAL.—At the discretion’’; and (2) by adding at the end the following: (4) the term ‘‘disaster update period’’ (2) by adding at the end the following: ‘‘(2) DISASTER CONTRACTING PRIORITY IN means the period beginning on the date on ‘‘(B) DURING DISASTERS.— GENERAL.—The Administrator shall des- which the President declares a major dis- ‘‘(i) IN GENERAL.—At the discretion of the ignate any disaster area as an area of con- aster or a catastrophic national disaster and Administrator, the Administrator may au- centrated unemployment or underemploy- ending on the date on which such declaration thorize a small business development center ment, or a labor surplus area for purposes of terminates; to provide such assistance to small business paragraph (1). (5) the term ‘‘major disaster’’ has the concerns located outside of the State, with- ‘‘(3) LOCAL SMALL BUSINESSES.— meaning given the term in section 102 of the
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00153 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S154 CONGRESSIONAL RECORD — SENATE January 4, 2007 Robert T. Stafford Disaster Relief and Emer- (E) shall be subject to such additional clared a catastrophic national disaster under gency Assistance Act (42 U.S.C. 5122); and terms as the Administrator determines nec- paragraph (6), the Director of the Federal (6) the term ‘‘State’’ means any State of essary or appropriate. Emergency Management Agency, in con- the United States, the District of Columbia, (e) REPORT TO CONGRESS.—Not later than 5 sultation with the Administrator, shall no- the Commonwealth of Puerto Rico, the months after the date of enactment of this tify the Committee on Small Business and Northern Mariana Islands, the Virgin Is- Act, the Administrator shall report to the Entrepreneurship of the Senate and the Com- lands, Guam, American Samoa, and any ter- Committee on Small Business and Entrepre- mittee on Small Business of the House of ritory or possession of the United States. neurship of the Senate and the Committee Representatives as to whether the Director SEC. 302. BUSINESS EXPEDITED DISASTER AS- on Small Business of the House of Represent- intends to extend such application period. SISTANCE LOAN PROGRAM. atives on the progress of the Administrator ‘‘(8) PUBLIC AWARENESS OF DISASTERS.—If a (a) DEFINITIONS.—In this section— in establishing the program. disaster (including a catastrophic national (1) the term ‘‘immediate disaster assist- (f) AUTHORIZATION.—There are authorized disaster) is declared under this subsection, ance’’ means assistance provided during the to be appropriated to the Administrator such the Administrator shall make every effort to period beginning on the date on which a dis- sums as are necessary to carry out this sec- communicate through radio, television, aster declaration is made and ending on the tion. print, and web-based outlets, all relevant in- date that an impacted small business con- SEC. 303. CATASTROPHIC NATIONAL DISASTERS. formation needed by disaster loan appli- cern is able to secure funding through insur- Section 7(b) of the Small Business Act (15 cants, including— ance claims, Federal assistance programs, or U.S.C. 636(b)) is amended by inserting imme- ‘‘(A) the date of such declaration; other sources; and diately after paragraph (5), as added by this ‘‘(B) cities and towns within the area of (2) the term ‘‘program’’ means the expe- Act, the following: such declaration; dited disaster assistance business loan pro- ‘‘(6) CATASTROPHIC NATIONAL DISASTERS.— ‘‘(C) loan application deadlines related to gram established under subsection (b); and ‘‘(A) DEFINITION.—In this paragraph the such disaster; (b) CREATION OF PROGRAM.—The Adminis- ‘‘(D) all relevant contact information for trator shall take such administrative action term ‘catastrophic national disaster’ means a disaster, natural or other, that the Presi- victim services available through the Ad- as is necessary to establish and implement ministration (including links to small busi- an expedited disaster assistance business dent determines has caused significant ad- verse economic conditions outside of the ge- ness development center websites); loan program to provide small business con- ‘‘(E) links to relevant Federal and State cerns with immediate disaster assistance ographic reach of the disaster. disaster assistance websites; under section 7(b) of the Small Business Act ‘‘(B) AUTHORIZATION.—The Administrator ‘‘(F) information on eligibility criteria for (15 U.S.C. 636(b)). may make such loans under this paragraph Federal Emergency Management Agency dis- (c) CONSULTATION REQUIRED.—In estab- (either directly or in cooperation with banks lishing the program, the Administrator shall or other lending institutions through agree- aster assistance applications, as well as for consult with— ments to participate on an immediate or de- Administration loan programs, including (1) appropriate personnel of the Adminis- ferred basis) as the Administrator deter- where such applications can be found; and tration (including District Office personnel mines appropriate to small business concerns ‘‘(G) application materials that clearly of the Administration); located anywhere in the United States that state the function of the Administration as (2) appropriate technical assistance pro- are economically adversely impacted as a re- the Federal source of disaster loans for viders (including small business development sult of a catastrophic national disaster. homeowners and renters.’’. centers); ‘‘(C) LOAN TERMS.—A loan under this para- (b) COORDINATION OF AGENCIES AND OUT- (3) appropriate lenders and credit unions; graph shall be made on the same terms as a REACH.—Not later than 90 days after the date (4) the Committee on Small Business and loan under paragraph (2).’’. of enactment of this Act, the Administrator Entrepreneurship of the Senate; and SEC. 304. PUBLIC AWARENESS OF DISASTER DEC- and the Director of the Federal Emergency (5) the Committee on Small Business of the LARATION AND APPLICATION PERI- Management Agency shall enter into a House of Representatives. ODS. memorandum of understanding that ensures, (d) RULES.— (a) IN GENERAL.—Section 7(b) of the Small to the maximum extent practicable, ade- (1) IN GENERAL.—Not later than 1 year after Business Act (15 U.S.C. 636(b)) is amended by quate lodging and transportation for employ- the date of enactment of this Act, the Ad- inserting immediately after paragraph (6), as ees of the Administration, contract employ- ministrator shall promulgate rules estab- added by this Act, the following: ees, and volunteers during a major disaster, lishing and implementing the program in ac- ‘‘(7) COORDINATION WITH FEMA.— if such staff are needed to assist businesses, cordance with this section. Such rules shall ‘‘(A) IN GENERAL.—Notwithstanding any homeowners, or renters in recovery. apply as provided for in this section, begin- other provision of law, for any disaster (in- (c) MARKETING AND OUTREACH.—Not later ning 90 days after their issuance in final cluding a catastrophic national disaster) de- than 90 days after the date of enactment of form. clared under this subsection or major dis- this Act, the Administrator shall create a (2) CONTENTS.—The rules promulgated aster (as that term is defined in section 102 marketing and outreach plan that— under paragraph (1) shall— of the Robert T. Stafford Disaster Relief and (1) encourages a proactive approach to the (A) identify whether appropriate uses of Emergency Assistance Act (42 U.S.C. 5122)), disaster relief efforts of the Administration; funds under the program may include— the Administrator, in consultation with the (2) distinguishes between disaster services (i) paying employees; Director of the Federal Emergency Manage- provided by the Administration and disaster (ii) paying bills and other financial obliga- ment Agency, shall ensure, to the maximum services provided by the Federal Emergency tions; extent practicable, that all application peri- Management Agency, including contact in- (iii) making repairs; ods for disaster relief under this Act and the formation, application information, and (iv) purchasing inventory; Robert T. Stafford Disaster Relief and Emer- timelines for submitting applications, the (v) restarting or operating a small business gency Assistance Act (42 U.S.C. 5121 et seq.) review of applications, and the disbursement concern in the community in which it was begin on the same date and end on the same of funds; conducting operations prior to the declared date. (3) describes the different disaster loan disaster, or to a neighboring area, county, or ‘‘(B) DEADLINE EXTENSIONS.—Notwith- programs of the Administration, including parish in the disaster area; or standing any other provision of law— how they are made available and what eligi- (vi) covering additional costs until the ‘‘(i) not later than 10 days before the clos- bility requirements exist for each loan pro- small business concern is able to obtain ing date of an application period for disaster gram; funding through insurance claims, Federal relief under this Act for any disaster (includ- (4) provides for regional marketing, focus- assistance programs, or other sources; and ing a catastrophic national disaster) de- ing on disasters occurring in each region be- (B) set the terms and conditions of any clared under this subsection, the Adminis- fore the date of enactment of this Act, and loan made under the program, subject to trator, in consultation with the Director of likely scenarios for disasters in each such re- paragraph (3). the Federal Emergency Management Agen- gion; and (3) TERMS AND CONDITIONS.—A loan made cy, shall notify the Committee on Small (5) ensures that the marketing plan is by the Administration under this section— Business and Entrepreneurship of the Senate made available at small business develop- (A) shall be a short-term loan, not to ex- and the Committee on Small Business of the ment centers and on the website of the Ad- ceed 180 days, except that the Administrator House of Representatives as to whether the ministration. may extend such term as the Administrator Administrator intends to extend such appli- SEC. 305. CONSISTENCY BETWEEN ADMINISTRA- determines necessary or appropriate on a cation period; and TION REGULATIONS AND STANDARD case-by-case basis; ‘‘(ii) not later than 10 days before the clos- OPERATING PROCEDURES. (B) shall have an interest rate not to ex- ing date of an application period for disaster (a) IN GENERAL.—The Administrator shall, ceed 1 percentage point above the prime rate relief under the Robert T. Stafford Disaster promptly following the date of enactment of of interest that a private lender may charge; Relief and Emergency Assistance Act for any this Act, conduct a study of whether the (C) shall have no prepayment penalty; major disaster (as that term is defined in standard operating procedures of the Admin- (D) may be refinanced as part of any subse- section 102 of the Robert T. Stafford Disaster istration for loans offered under section 7(b) quent disaster assistance provided under sec- Relief and Emergency Assistance Act (42 of the Small Business Act (15 U.S.C. 636(b)) tion 7(b) of the Small Business Act; and U.S.C. 5122)) for which the President has de- are consistent with the regulations of the
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S155 Administration for administering the dis- cluding providing debris removal services, based on a review of the response of the Ad- aster loan program. manufactured housing, or building mate- ministration to Hurricane Katrina of 2005, (b) REPORT.—Not later than 180 days after rials); Hurricane Rita of 2005, and Hurricane Wilma the date of enactment of this Act, the Ad- (v) legislative changes, if any, needed to of 2005; and ministration shall submit to Congress a re- implement findings from the Administra- (12) a plan for how the Administrator, in port containing all findings and rec- tion’s Accelerated Disaster Response Initia- cooperation with the Director of the Federal ommendations of the study conducted under tive; and Emergency Management Agency, will co- subsection (a). (vi) a description of how the Administra- ordinate the provision of accommodations SEC. 306. PROCESSING DISASTER LOANS. tion plans to integrate and coordinate the and necessary resources for disaster assist- (a) AUTHORITY FOR QUALIFIED PRIVATE CON- response to a major disaster with the tech- ance personnel to effectively perform their nical assistance programs of the Administra- responsibilities in the aftermath of a major TRACTORS TO PROCESS DISASTER LOANS.—Sec- tion 7(b) of the Small Business Act (15 U.S.C. tion; and disaster. (c) EXERCISES.—Not later than May 31, 636(b)) is amended by inserting immediately (B) the plans of the Administrator for im- 2007, the Administrator shall develop and after paragraph (8), as added by this Act, the plementing any recommendation made under execute simulation exercises to demonstrate following: subparagraph (A). SEC. 307. DEVELOPMENT AND IMPLEMENTATION the effectiveness of the amended disaster re- ‘‘(9) AUTHORITY FOR QUALIFIED PRIVATE CON- OF MAJOR DISASTER RESPONSE sponse plan required under this section. TRACTORS.— PLAN. SEC. 308. CONGRESSIONAL OVERSIGHT. ‘‘(A) DISASTER LOAN PROCESSING.—The Ad- (a) IN GENERAL.—Not later than March 15, (a) MONTHLY ACCOUNTING REPORT TO CON- ministrator may enter into an agreement 2007, the Administrator shall— GRESS.— with a qualified private contractor, as deter- (1) by rule, amend the 2006 Atlantic hurri- (1) DEFINITION.—In this subsection the mined by the Administrator, to process loans cane season disaster response plan of the Ad- term ‘‘applicable period’’ means the period under this subsection in the event of a major ministration (in this section referred to as beginning on the date on which the Presi- disaster (as defined in section 102 of the Rob- the ‘‘disaster response plan’’) to apply to dent declares a major disaster and ending on ert T. Stafford Disaster Relief and Emer- major disasters and catastrophic national the date that is 30 days after the later of the gency Assistance Act (42 U.S.C. 5122)) or a disasters, consistent with this Act and the closing date for applications for physical dis- catastrophic national disaster declared amendments made by this Act; and aster loans for such disaster and the closing under paragraph (6), under which the Admin- (2) submit a report to the Committee on date for applications for economic injury dis- istrator shall pay the contractor a fee for Small Business and Entrepreneurship of the aster loans for such disaster. each loan processed. Senate and the Committee on Small Busi- (2) REPORTING REQUIREMENTS.—Not later ‘‘(B) LOAN LOSS VERIFICATION SERVICES.— ness of the House of Representatives detail- than the fifth business day of each month The Administrator may enter into an agree- ing the amendments to the disaster response during the applicable period for a major dis- ment with a qualified lender or loss plan. aster, the Administrator shall provide to the verification professional, as determined by (b) CONTENTS.—The amended report re- Committee on Small Business and Entrepre- the Administrator, to verify losses for loans quired under subsection (a)(2) shall include— neurship and the Committee on Appropria- under this subsection in the event of a major (1) any updates or modifications made to tions of the Senate and to the Committee on disaster (as defined in section 102 of the Rob- the disaster response plan since the report Small Business and the Committee on Ap- ert T. Stafford Disaster Relief and Emer- regarding the disaster response plan sub- propriations of the House of Representatives gency Assistance Act (42 U.S.C. 5122)) or a mitted on July 14, 2006; a report on the operation of the disaster loan catastrophic national disaster declared (2) a description of how the Administrator program authorized under section 7 of the under paragraph (6), under which the Admin- plans to utilize and integrate District Office Small Business Act (15 U.S.C. 636) for such istrator shall pay the lender or verification personnel of the Administration in the re- disaster during the preceding month. professional a fee for each loan for which sponse to a major disaster, including infor- (3) CONTENTS.—Each report under para- such lender or verification professional mation on the utilization of personnel for graph (2) shall include— verifies losses.’’. loan processing and loan disbursement; (A) the daily average lending volume, in (b) COORDINATION OF EFFORTS BETWEEN THE (3) a description of the disaster scalability number of loans and dollars, and the percent ADMINISTRATOR AND THE INTERNAL REVENUE model of the Administration and on what by which each category has increased or de- SERVICE TO EXPEDITE LOAN PROCESSING.— basis or function the plan is scaled; creased since the previous report under para- The Administrator and the Commissioner of (4) a description of how the agency-wide graph (2); Internal Revenue shall, to the maximum ex- Disaster Oversight Council is structured, (B) the weekly average lending volume, in tent practicable, ensure that all relevant and which offices comprise its membership, and number of loans and dollars, and the percent allowable tax records for loan approval are whether the Associate Deputy Administrator by which each category has increased or de- shared with loan processors in an expedited for Entrepreneurial Development of the Ad- creased since the previous report under para- manner, upon request by the Administrator. ministration is a member; graph (2); (c) REPORT ON LOAN APPROVAL RATE.— (5) a description of how the Administrator (C) the amount of funding spent over the (1) IN GENERAL.—Not later than 6 months plans to coordinate the disaster efforts of the month for loans, both in appropriations and after the date of enactment of this Act, the Administration with State and local govern- program level, and the percent by which Administrator shall submit a report to the ment officials, including recommendations each category has increased or decreased Committee on Small Business and Entrepre- on how to better incorporate State initia- since the previous report under paragraph neurship of the Senate and the Committee tives or programs, such as State-adminis- (2); on Small Business of the House of Represent- tered bridge loan programs, into the disaster (D) the amount of funding available for atives detailing how the Administration can response of the Administration; loans, both in appropriations and program improve the processing of applications under (6) recommendations, if any, on how the level, and the percent by which each cat- the disaster loan program of the Administra- Administrator can better coordinate its dis- egory has increased or decreased, noting the tion. aster response operations with the oper- source of any additional funding; (2) CONTENTS.—The report submitted under ations of other Federal, State, and local en- (E) an estimate of how long the available paragraph (1) shall include— tities; funding for such loans will last, based on the (A) recommendations, if any, regarding— (7) any surge plan for the system in effect spending rate; (i) staffing levels during a major disaster; on or after August 29, 2005 (including surge (F) the amount of funding spent over the (ii) how to improve the process for proc- plans for loss verification, loan processing, month for staff, along with the number of essing, approving, and disbursing loans under mailroom, customer service or call center staff, and the percent by which each cat- the disaster loan program of the Administra- operations, and a continuity of operations egory has increased or decreased since the tion, to ensure that the maximum assistance plan); previous report under paragraph (2); is provided to victims in a timely manner; (8) the number of full-time equivalent em- (G) the amount of funding spent over the (iii) the viability of using alternative ployees and job descriptions for the planning month for administrative costs, and the per- methods for assessing the ability of an appli- and disaster response staff of the Adminis- cent by which such spending has increased or cant to repay a loan, including the credit tration; decreased since the previous report under score of the applicant on the day before the (9) the in-service and preservice training paragraph (2); date on which the disaster for which the ap- procedures for disaster response staff of the (H) the amount of funding available for sal- plicant is seeking assistance was declared; Administration; aries and expenses combined, and the percent (iv) methods, if any, for the Administra- (10) information on the logistical support by which such funding has increased or de- tion to expedite loss verification and loan plans of the Administration (including creased, noting the source of any additional processing of disaster loans during a major equipment and staffing needs, and detailed funding; and disaster for businesses affected by, and lo- information on how such plans will be scal- (I) an estimate of how long the available cated in the area for which the President de- able depending on the size and scope of the funding for salaries and expenses will last, clared, the major disaster that are a major major disaster; based on the spending rate. source of employment in the area or are (11) a description of the findings and rec- (b) DAILY DISASTER UPDATES TO CONGRESS vital to recovery efforts in the region (in- ommendations of the Administrator, if any, FOR PRESIDENTIALLY DECLARED DISASTERS.—
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(1) IN GENERAL.—Each day during a dis- disaster was declared, the Administrator ‘‘(II) with respect to the price of kerosene, aster update period, excluding Federal holi- shall submit a report to the Committee on any increase which the Administrator, in days and weekends, the Administration shall Small Business and Entrepreneurship of the consultation with the Secretary of Energy, provide to the Committee on Small Business Senate and to the Committee on Small Busi- determines to be significant. and Entrepreneurship of the Senate and to ness of the House of Representatives regard- ‘‘(B) AUTHORIZATION.—The Administration the Committee on Small Business of the ing Federal contracts awarded as a result of may make such loans, either directly or in House of Representatives a report on the op- the declared disaster. cooperation with banks or other lending in- eration of the disaster loan program of the (2) CONTENTS.—Each report submitted stitutions through agreements to participate Administration for the area in which the under paragraph (1) shall include— on an immediate or deferred basis, to assist President declared a major disaster or a cat- (A) the total number of contracts awarded a small business concern that has suffered or astrophic national disaster, as the case may as a result of the declared disaster; that is likely to suffer substantial economic be. (B) the total number of contracts awarded injury as the result of a significant increase (2) CONTENTS.—Each report under para- to small business concerns as a result of the in the price of heating fuel occurring on or graph (1) shall include— declared disaster; after October 1, 2004. (A) the number of Administration staff (C) the total number of contracts awarded ‘‘(C) INTEREST RATE.—Any loan or guar- performing loan processing, field inspection, to women and minority-owned businesses as antee extended under this paragraph shall be and other duties for the declared disaster, a result of the declared disaster; and made at the same interest rate as economic and the allocations of such staff in the dis- (D) the total number of contracts awarded injury loans under paragraph (2). aster field offices, disaster recovery centers, to local businesses as a result of the declared ‘‘(D) MAXIMUM AMOUNT.—No loan may be workshops, and other Administration offices disaster. made under this paragraph, either directly nationwide; or in cooperation with banks or other lend- TITLE IV—ENERGY EMERGENCIES (B) the daily number of applications re- ing institutions through agreements to par- ceived from applicants in the relevant area, SEC. 401. FINDINGS. ticipate on an immediate or deferred basis, if as well as a breakdown of such figures by Congress finds that— the total amount outstanding and com- State; (1) a significant number of small business mitted to the borrower under this subsection (C) the daily number of applications pend- concerns in the United States, nonfarm as would exceed $1,500,000, unless such borrower ing application entry from applicants in the well as agricultural producers, use heating constitutes a major source of employment in relevant area, as well as a breakdown of such oil, natural gas, propane, or kerosene to heat its surrounding area, as determined by the figures by State; their facilities and for other purposes; Administrator, in which case the Adminis- (D) the daily number of applications with- (2) a significant number of small business trator, in the discretion of the Adminis- drawn by applicants in the relevant area, as concerns in the United States sell, dis- trator, may waive the $1,500,000 limitation. tribute, market, or otherwise engage in com- well as a breakdown of such figures by State; ‘‘(E) DECLARATIONS.—For purposes of as- (E) the daily number of applications sum- merce directly related to heating oil, natural sistance under this paragraph— marily declined by the Administration from gas, propane, and kerosene; and ‘‘(i) a declaration of a disaster area based applicants in the relevant area, as well as a (3) significant increases in the price of on conditions specified in this paragraph breakdown of such figures by State; heating oil, natural gas, propane, or ker- shall be required, and shall be made by the (F) the daily number of applications de- osene— President or the Administrator; or clined by the Administration from appli- (A) disproportionately harm small business ‘‘(ii) if no declaration has been made under cants in the relevant area, as well as a concerns dependent on those fuels or that clause (i), the Governor of a State in which breakdown of such figures by State; use, sell, or distribute those fuels in the ordi- a significant increase in the price of heating (G) the daily number of applications in nary course of their business, and can cause fuel has occurred may certify to the Admin- process from applicants in the relevant area, them substantial economic injury; istration that small business concerns have as well as a breakdown of such figures by (B) can negatively affect the national suffered economic injury as a result of such State; economy and regional economies; increase and are in need of financial assist- (H) the daily number of applications ap- (C) have occurred in the winters of 1983 to ance which is not otherwise available on rea- proved by the Administration from appli- 1984, 1988 to 1989, 1996 to 1997, 1999 to 2000, 2000 sonable terms in that State, and upon re- cants in the relevant area, as well as a to 2001, and 2004 to 2005; and ceipt of such certification, the Administra- breakdown of such figures by State; (D) can be caused by a host of factors, in- tion may make such loans as would have (I) the daily dollar amount of applications cluding international conflicts, global or re- been available under this paragraph if a dis- approved by the Administration from appli- gional supply difficulties, weather condi- aster declaration had been issued. tions, insufficient inventories, refinery ca- cants in the relevant area, as well as a ‘‘(F) USE OF FUNDS.—Notwithstanding any breakdown of such figures by State; pacity, transportation, and competitive other provision of law, loans made under this (J) the daily amount of loans dispersed, structures in the markets, causes that are paragraph may be used by a small business both partially and fully, by the Administra- often unforeseeable to, and beyond the con- concern described in subparagraph (B) to tion to applicants in the relevant area, as trol of, those who own and operate small convert from the use of heating fuel to a re- well as a breakdown of such figures by State; business concerns. newable or alternative energy source, includ- (K) the daily dollar amount of loans dis- SEC. 402. SMALL BUSINESS ENERGY EMERGENCY ing agriculture and urban waste, geothermal DISASTER LOAN PROGRAM. persed, both partially and fully, from the rel- energy, cogeneration, solar energy, wind en- (a) IN GENERAL.—Section 7(b) of the Small evant area, as well as a breakdown of such ergy, or fuel cells.’’. Business Act (15 U.S.C. 636(b)) is amended by figures by State; (b) CONFORMING AMENDMENTS RELATING TO inserting after paragraph (9), as added by (L) the number of applications approved, HEATING FUEL.—Section 3(k) of the Small this Act, the following: including dollar amount approved, as well as Business Act (15 U.S.C. 632(k)) is amended— ‘‘(10) ENERGY EMERGENCIES.— applications partially and fully dispersed, in- (1) by inserting ‘‘, significant increase in ‘‘(A) DEFINITIONS.—In this paragraph— cluding dollar amounts, since the last report the price of heating fuel’’ after ‘‘civil dis- ‘‘(i) the term ‘base price index’ means the under paragraph (1); and orders’’; and moving average of the closing unit price on (M) the declaration date, physical damage (2) by inserting ‘‘other’’ before ‘‘eco- the New York Mercantile Exchange for heat- closing date, economic injury closing date, nomic’’. ing oil, natural gas, or propane for the 10 and number of counties included in the dec- (c) EFFECTIVE PERIOD.—The amendments days, in each of the most recent 2 preceding laration of a major disaster. made by this section shall apply during the years, which correspond to the trading days (c) NOTICE OF THE NEED FOR SUPPLEMENTAL 4-year period beginning on the date on which described in clause (ii); FUNDS.—On the same date that the Adminis- guidelines are published by the Adminis- trator notifies any committee of the Senate ‘‘(ii) the term ‘current price index’ means trator under section 404. or the House of Representatives that supple- the moving average of the closing unit price SEC. 403. AGRICULTURAL PRODUCER EMER- mental funding is necessary for the disaster on the New York Mercantile Exchange, for GENCY LOANS. loan program of the Administration in any the 10 most recent trading days, for con- (a) IN GENERAL.—Section 321(a) of the Con- fiscal year, the Administrator shall notify in tracts to purchase heating oil, natural gas, solidated Farm and Rural Development Act writing the Committee on Small Business or propane during the subsequent calendar (7 U.S.C. 1961(a)) is amended— and Entrepreneurship of the Senate and to month, commonly known as the ‘front (1) in the first sentence— the Committee on Small Business of the month’; (A) by striking ‘‘operations have’’ and in- House of Representatives regarding the need ‘‘(iii) the term ‘heating fuel’ means heat- serting ‘‘operations (i) have’’; and for supplemental funds for such loan pro- ing oil, natural gas, propane, or kerosene; (B) by inserting before ‘‘: Provided,’’ the gram. and following: ‘‘, or (ii)(I) are owned or operated (d) REPORT ON CONTRACTING.— ‘‘(iv) the term ‘significant increase’ by such an applicant that is also a small (1) IN GENERAL.—Not later than 6 months means— business concern (as defined in section 3 of after the date on which the President de- ‘‘(I) with respect to the price of heating oil, the Small Business Act (15 U.S.C. 632)), and clares a declared disaster, and every 6 natural gas, or propane, any time the cur- (II) have suffered or are likely to suffer sub- months thereafter until the date that is 18 rent price index exceeds the base price index stantial economic injury on or after October months after the date on which the declared by not less than 40 percent; and 1, 2004, as the result of a significant increase
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S157 in energy costs or input costs from energy mittee on Agriculture, Nutrition, and For- are on watchlists in their States and sources occurring on or after October 1, 2004, estry of the Senate and the Committee on need Federal support and extra assist- in connection with an energy emergency de- Small Business and the Committee on Agri- ance to bridge the learning gaps of clared by the President or the Secretary’’; culture of the House of Representatives, a re- port that— their students. (2) in the third sentence, by inserting be- The No Child Left Behind Act is fore the period at the end the following: ‘‘or (1) describes the effectiveness of the assist- by an energy emergency declared by the ance made available under section 321(a) of again scheduled for reauthorization President or the Secretary’’; and the Consolidated Farm and Rural Develop- this year, and we must work to ensure (3) in the fourth sentence— ment Act (7 U.S.C. 1961(a)); and that its promise is fulfilled. Aside from (A) by inserting ‘‘or energy emergency’’ (2) contains recommendations for ways to additional funding, one of our prior- after ‘‘natural disaster’’ each place that improve the assistance provided under such ities must be to ensure that the stand- term appears; and section 321(a), if any. ards and assessments used to measure (B) by inserting ‘‘or declaration’’ after By Mr. KENNEDY: progress are fair and reliable. Account- ‘‘emergency designation’’. ability is only as good as the tests to (b) FUNDING.—Funds available on the date S. 164. A bill to modernize the edu- of enactment of this Act for emergency loans cation system of the United States; to measure progress, and many States use under subtitle C of the Consolidated Farm the Committee on Health, Education, tests that need substantial improve- and Rural Development Act (7 U.S.C. 1961 et Labor, and Pensions. ment. Some use exams that are not seq.) shall be available to carry out the Mr. KENNEDY. Mr. President, few aligned to the standards that students amendments made by subsection (a) to meet things are more indispensable to the must meet. Others have manufactured the needs resulting from energy emer- United States than good schools. artificially high test score gains by gencies. lowering standards and adjusting test (c) EFFECTIVE PERIOD.—The amendments Today more than ever, a quality edu- made by this section shall apply during the cation is the gateway to achieving the scores in order to avoid unfavorable 4-year period beginning on the date on which American dream and the best guar- consequences under the law’s account- guidelines are published by the Secretary of antee of equal opportunity for all our ability framework. Agriculture under section 404. people, good citizenship, and an econ- We need to shift our understanding of SEC. 404. GUIDELINES AND RULEMAKING. omy capable of mastering modern glob- the Act away from the idea that it la- (a) GUIDELINES.—Not later than 30 days al challenges. bels and penalizes schools, and toward after the date of enactment of this Act, the In 1965, as part of the War on Pov- a more productive framework that Administrator and the Secretary of Agri- erty, President Johnson signed into helps schools and States reach higher, culture shall each issue such guidelines as law the landmark Elementary and Sec- not lower. We should use the well-re- the Administrator or the Secretary, as appli- garded National Assessment of Edu- cable, determines to be necessary to carry ondary Education to strengthen Amer- out this title and the amendments made by ica by allocating substantial Federal cational Progress the ‘‘Nation’s report this title. resources to public schools for the first card’’ as a benchmark for the rigor of (b) RULEMAKING.—Not later than 30 days time. In the bipartisan No Child Left State exams. States should also align after the date of enactment of this Act, the Behind Act of 2002, we reauthorized their elementary and secondary school Administrator, after consultation with the this landmark legislation, and for the standards with their standards for col- Secretary of Energy, shall promulgate regu- first time made a commitment that lege entrance and success, creating lations specifying the method for deter- every child—black or white, Latino or seamless systems that guide students mining a significant increase in the price of Asian, native-born or an English lan- from the beginning of their education kerosene under section 7(b)(10)(A)(iv)(II) of the Small Business Act, as added by this guage learner, disabled or non-dis- to the achievement of a college degree. Act. abled—would be part of an account- The SUCCESS Act I am introducing SEC. 405. REPORTS. ability plan that holds schools respon- today would assist States in these ef- (a) SMALL BUSINESS ADMINISTRATION.—Not sible for the progress of all students. It forts. As the name suggests, it would later than 12 months after the date on which required every State to implement con- provide Federal support for States the Administrator issues guidelines under tent and performance standards speci- Using Collaboration and Cooperation section 404, and annually thereafter until the fying what children should know and to Enhance Standards for Students. It date that is 12 months after the end of the ef- be able to do, and urged States to cre- would help ensure that public schools fective period of section 7(b)(10) of the Small ate high-quality assessments so that challenge all students to learn to high Business Act, as added by this Act, the Ad- students’ progress toward meeting standards and provide needed help to ministrator shall submit to the Committee on Small Business and Entrepreneurship of those standards could be accurately schools with the greatest needs. the Senate and the Committee on Small measured. It expanded support for The legislation updates the Nation’s Business of the House of Representatives, a early reading and literacy skills and report card the National Assessment of report on the effectiveness of the assistance offered extra tutoring to students in Educational Progress to ensure that it made available under section 7(b)(10) of the struggling schools. It sought to im- sets a national benchmark which is Small Business Act, as added by this Act, in- prove the quality of instruction by re- internationally competitive and is cluding— quiring all schools to provide a highly- aligned with the demands of the 21st (1) the number of small business concerns qualified teacher for every child. century global economy. It expands our that applied for a loan under such section We know these reforms can work. ability to monitor science achieve- and the number of those that received such loans; But good results are not possible with- ment. It requires the NAEP to measure (2) the dollar value of those loans; out adequate investments. The No student preparedness to enter college, (3) the States in which the small business Child Left Behind Act recognized that the 21st century workforce, or the concerns that received such loans are lo- to move forward with these dramatic Armed Services. It also requires the cated; changes, schools would need a contin- Secretary of Education to examine the (4) the type of heating fuel or energy that ued infusion of Federal resources, be- gaps in student performance on state- caused the significant increase in the cost cause the cost was obviously too great level assessments and NAEP assess- for the participating small business con- for States and local governments to ments, and to assist States that wish cerns; and (5) recommendations for ways to improve bear alone. to analyze how their standards and as- the assistance provided under such section Today, because of budget cuts and sessments compare to the benchmark. 7(b)(10), if any. poor implementation, we still have The SUCCESS Act provides critical (b) DEPARTMENT OF AGRICULTURE.—Not much to do to ensure that no child is resources to States to create ‘‘P–16’’ later than 12 months after the date on which left behind. President Bush has short- Preparedness Councils that will engage the Secretary of Agriculture issues guide- changed the promise made in the law members of the early childhood, K–12 lines under section 404, and annually there- by nearly $56 billion, leaving millions and higher education communities, after until the date that is 12 months after of children without the resources need- along with the business and military the end of the effective period of the amend- ed to reduce class sizes, improve teach- communities, and other stakeholders ments made to section 321(a) of the Consoli- dated Farm and Rural Development Act (7 ing, and set higher standards for our to align the standards with what is U.S.C. 1961(a)) by this title, the Secretary schools. Now, more than ever, it’s im- needed for success in college and the shall submit to the Committee on Small portant to deliver the resources our workforce. The councils would be Business and Entrepreneurship and the Com- schools deserve. Thousands of schools charged with ensuring that State
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S158 CONGRESSIONAL RECORD — SENATE January 4, 2007 standards and assessments meet inter- makers and educators commit in the (3) To provide for the establishment of pre- national benchmarks to improve in- long term to higher standards, better kindergarten through grade 16 student pre- struction and student achievement and teacher training, stronger account- paredness councils to better link early child- prepare students to contribute in the ability, and extra help for students in hood education and school readiness with el- ementary school success, elementary student global economy. It also provides funds need. The initial implementation of skills with success in secondary school, and to encourage collaboration among the No Child Left Behind Act has been secondary student skills and curricula, espe- States in raising the bar for student flawed, but we can’t abandon its vision cially with respect to reading, mathematics, achievement by providing grants to of an America in which every child is and science, with the demands of higher edu- States working together to establish important and deserves to be educated cation, the 21st century workforce, and the common standards and assessments and enjoy the full benefits of our soci- Armed Forces, in order to ensure that great- that are rigorous, internationally com- ety. er number of students, especially low-income petitive, and aligned with postsec- That vision is as enduring as Amer- and minority students, complete secondary school with the coursework and skills nec- ondary demands. ica itself. As John Adams wrote in the essary to enter— I look forward to working with my Massachusetts Constitution of 1780, the (A) credit-bearing coursework in higher colleagues on this and other important education of the people is ‘‘necessary education without the need for remediation; proposals as we move toward the reau- for the preservation of their rights and (B) high-paying employment in the 21st thorization of the No Child Left Behind liberty.’’ More than two hundred years century workforce; or Act. In the coming weeks, our Com- later, we need to recapture that spirit, (C) the Armed Forces. mittee on Health, Education, Labor and make ‘‘No Child Left Behind’’ a re- (4) To establish a system that encourages and Pensions will hold a series of hear- ality, not merely a slogan. local educational agencies to adopt a cur- ings and roundtable discussions to hear riculum that meets State academic content I ask unanimous consent that the bill standards and student academic achieve- from experts and those dealing with be printed in the RECORD. ment standards and prepares all students for the challenges of the current law on a There being no objection, the text of success in elementary school, secondary daily basis. Our goal is to work on a bi- the bill was ordered to be printed in school, and post-secondary endeavors in the partisan basis with all our colleagues the RECORD, as follows: 21st century. in the Senate and in the House and S. 164 SEC. 4. DEFINITIONS. with the Administration to develop a Be it enacted by the Senate and House of Rep- In this Act: strong bipartisan bill that builds on resentatives of the United States of America in (1) IN GENERAL.—The terms ‘‘elementary the positive aspects of the law, address- Congress assembled, school’’, ‘‘limited English proficient’’, ‘‘local educational agency’’, ‘‘scientifically based es the concerns about its implementa- SECTION 1. SHORT TITLE. research’’, ‘‘secondary school’’, ‘‘Secretary’’, tion, and encourages reforms that we This Act may be cited as the ‘‘States Using and ‘‘State educational agency’’ have the Collaboration and Coordination to Enhance know will work to help students suc- meanings given such terms in section 9101 of Standards for Students Act of 2007’’ or the ceed. the Elementary and Secondary Education ‘‘SUCCESS Act’’. Teachers deserve the resources they Act of 1965 (20 U.S.C. 7801). need to help students achieve at higher SEC. 2. FINDINGS. (2) 21ST CENTURY CURRICULUM.—The term levels. In many schools, the most valu- Congress finds the following: ‘‘21st century curriculum’’ means a course of able resource that teachers require is (1) Throughout our Nation’s history, the study identified by a State as preparing sec- skills and education of our workforce have ondary school students for entrance into time. Yet the U.S. ranks 11th among been a major determinant of the standard of industrialized nations in the number of credit-bearing coursework in higher edu- living of the people of the United States. cation without the need for remediation, em- days children attend school. Innovative (2) According to the most recent National ployment in the 21st century workforce, or approaches are needed to extend the Assessment of Educational Progress, only 36 entrance into the Armed Forces. A State school day and year in high-need percent of the students in grade 4 and 30 per- shall define the 21st century curriculum in schools. We should recruit Americorps cent of the students in grade 8 reach the pro- terms of content as well as course names. volunteers to coordinate academically ficient level in mathematics. In reading, (3) ACADEMIC CONTENT STANDARDS; STUDENT oriented extended-day programs for only 31 percent of the students in grades 4 ACADEMIC ACHIEVEMENT STANDARDS.—The and 8 reach the proficient level. In science, students and assist teachers during the terms ‘‘academic content standards’’ and only 29 percent of the students in grades 4 ‘‘student academic achievement standards’’, school day. and 8 reach the proficient level. We must also ensure that students in when used with respect to a particular State, (3) A State-by-State comparison of the 2005 mean the academic content standards and high poverty schools have access to National Assessment of Educational student academic achievement standards good teachers. We should create incen- Progress average scale scores for 8th grade adopted by a State under section 1111(b)(1) of tives to attract the best teachers to mathematics reveals that 31 States—more the Elementary and Secondary Education the neediest schools, including in- than 1⁄2 of the States in the Nation—scored Act of 1965 (20 U.S.C. 6311(b)(1)). creased salaries for teachers and prin- more than 10 points (about 1 grade level) (4) CRITICAL-NEED FOREIGN LANGUAGE.—The cipals with strong track records of suc- below the highest scoring State, Massachu- term ‘‘critical-need foreign language’’ means setts. a language included on the list of critical- cess who work in hard-to-staff schools, (4) Student achievement in mathematics and by creating ‘‘career advancement need foreign languages that the Secretary and science in elementary school and sec- shall develop and update in consultation systems’’ in which highly effective ondary school in the United States lags be- with the head official, or a designee of such teachers serve as instructional leaders hind other nations, according to the Trends head official, of the National Security Coun- for new or less successful teachers. To in International Mathematics and Science cil, the Department of Homeland Security, help teachers improve their teaching, study and other studies, including the Pro- the Department of Defense, the Department we should invest more in training them gramme for International Student Assess- of State, the Federal Bureau of Investiga- to use the best data to improve in- ment, that recently ranked United States tion, the Department of Labor, and the De- secondary school students 28th out of 40 struction. partment of Commerce, and the Director of first- and second-world nations, and tied National Intelligence. We should also help parents by repli- with Latvia, in mathematics performance cating Boston’s successful initiative to (5) END OF COURSE EXAMINATION.—The term and problem solving. ‘‘end of course examination’’ means an as- place parent-family outreach coordina- (5) According to a report released in Au- sessment of student learning given at the tors in every high-poverty school, and gust, 2006, the Nation loses more than end of a particular course that is used to offer grants to school districts to sup- $3,700,000,000 a year in the costs of remedial measure student learning of State academic port community programs that address education and in individuals’ reduced earn- content standards in the subject matter of children’s social, emotional and other ing potential because students are not learn- the course. non-academic needs. ing the basic skills they need to succeed (6) ENGINEERING AND TECHNOLOGY EDU- after high school. We must invest in these and other re- CATION.—The term ‘‘engineering and tech- forms to give schools the resources SEC. 3. PURPOSES. nology education’’ means a curriculum and The purposes of this Act are the following: instruction that— they need to close the achievement gap (1) To ensure students receive an education (A) uses technology as a knowledge base or and ensure that all students can stay competitive with other industrialized coun- as a way of teaching innovation using an en- on track to graduate and succeed. tries. gineering design process and context; Experience shows that each year (2) To assist States in improving the rigor (B) develops an appreciation and funda- yields greater success when policy- of standards and assessments. mental understanding of technology through
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00158 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S159 design skills and the use of materials, tools, (iii) the Armed Forces; (ii) the percentage of students who per- processes, and limited resources; (B) can be measured and verified objec- formed at or above the basic level on the (C) is taught in conjunction with applied tively using widely accepted professional as- State assessment for such year. mathematics, science, language arts, fine sessment standards; and (F) The difference between— arts, and social studies as a part of a com- (C) are consistent with widely accepted (i) the percentage of students who per- prehensive education; professional assessment standards and com- formed at or above the proficient level for (D) applies the use of tools and skills em- petitive with international levels of pre- the most recent applicable year on the as- ployed by a globalized skilled 21st century paredness of students for postsecondary suc- sessment required under section 1111(c)(2) of workforce that are necessary for commu- cess. the Elementary and Secondary Education nication, manufacturing, construction, en- Act of 1965; and ergy systems, biomedical systems, transpor- SEC. 5. ALIGNING STATE STANDARDS WITH NA- (ii) the percentage of students who per- tation systems, and other related fields; and TIONAL BENCHMARKS. formed at or above the proficient level on (E) through the application of engineering (a) REPORT ON RESULTS OF STATE ASSESS- the State assessment for such year. principles and concepts, develops proficiency MENTS AND NATIONAL ASSESSMENT.—Not (2) ANALYSIS.—In addition to the informa- in abstract ideas and in problem-solving later than 90 days after each release of the tion described in paragraph (1), the Sec- techniques that build a comprehensive edu- results of the National Assessment of Edu- retary shall include in the report— cation. cational Progress (as carried out under sec- (A) an analysis of how the achievement of (7) INSTITUTION OF HIGHER EDUCATION.—The tion 303(b)(2) of the National Assessment of students in grades 4, 8, and 12, and the pre- term ‘‘institution of higher education’’ has Educational Progress Authorization Act (20 paredness of students in grade 12 (when such the meaning given the term in section 101(a) U.S.C. 9622(b)(2)) and section 1111(c)(2) of the data on preparedness exists from assess- of the Higher Education Act of 1965 (20 U.S.C. Elementary and Secondary Education Act of ments described in section 303 of the Na- 1001(a)). 1965 (20 U.S.C. 6311(c)(2))) in reading or math- tional Assessment of Educational Progress (8) PROFESSIONAL DEVELOPMENT.—The term ematics (or, beginning in 2009, science) in Authorization Act (as amended by this Act)), ‘‘professional development’’ includes activi- grades 4 and 8, the Secretary shall— in the United States compares to the ties that— (1) prepare and submit to Congress the re- achievement and preparedness of students in (A) improve and increase teachers’ knowl- port described in subsection (b) on the re- other industrialized countries; and edge of the academic subjects the teachers sults of the State assessments and the as- (B) possible reasons for any deficiencies teach, and enable teachers to become highly sessments of reading and mathematics, and, identified in the achievement or prepared- qualified; beginning in 2009, science, in grades 4 and 8, ness of United States students compared to (B) are an integral part of broad edu- required under section 1111(c)(2) of the Ele- students in other industrialized countries. cational improvement plans across the mentary and Secondary Education Act of (3) RANKING.—The Secretary shall— school and across the local educational agen- 1965; and (A) using the information described in cy; (2) identify States with significant discrep- paragraph (1), rank the States according to (C) give teachers, principals, and adminis- ancies in performance between the 2 assess- the degree to which student performance on trators the knowledge and skills to provide ments, as described in subsection (b)(3). State assessments differs from performance students with the opportunity to meet the on the assessments required under section State academic content standards and stu- (b) CONTENTS OF REPORT.— 1111(c)(2) of the Elementary and Secondary dent academic achievement standards and (1) IN GENERAL.—The report described in Education Act of 1965; and the 21st century curriculum demands; this subsection shall include the following (B) identify those States with the most sig- (D) are high-quality, sustained, intensive, information for each subject area and grade nificant discrepancies in performance be- and classroom-focused, in order to have a described in subsection (a)(1) in each State: tween the State assessments and the assess- positive and lasting effect on classroom in- (A) The percentage of students who per- ments required under section 1111(c)(2) of the struction and the teacher’s performance in formed at or above the basic level on the Elementary and Secondary Education Act of the classroom; State assessment— 1965. (E) advance teacher understanding of effec- (i) for the most recent applicable year; (c) REPORT ON STATE PROGRESS.—Begin- tive instructional strategies that are based (ii) for the preceding year; and ning 5 years after the date of enactment of on scientifically based research and are di- (iii) for the previous year in which the as- this Act, the Secretary shall include in the rectly aligned with the State academic con- sessment required under section 1111(c)(2) of report described in subsection (a)(1) the fol- tent standards and State assessments; the Elementary and Secondary Education lowing: (F) are designed to give teachers the Act of 1965 was given in such subject, (1) Information about the progress made by knowledge and skills to provide instruction and the change in such percentages between States to decrease discrepancies in student and appropriate language and academic sup- those assessments. performance on the State assessments and port services to limited English proficient (B) The percentage of students who per- the assessments required under section students and students with special needs, in- formed at or above the proficient level on 1111(c)(2) of the Elementary and Secondary cluding the appropriate use of curricula and the State assessment— Education Act of 1965. assessments; (i) for the most recent applicable year; (2) The differences that exist in States (G) are, as a whole, regularly evaluated for (ii) for the preceding year; and across subject areas and grades. their impact on increased teacher effective- (iii) for the previous year in which the as- SEC. 6. NATIONAL ASSESSMENT OF EDU- ness and improved student academic sessment required under section 1111(c)(2) of CATIONAL PROGRESS CHANGES. achievement, with the findings of the eval- the Elementary and Secondary Education (a) NATIONAL ASSESSMENT GOVERNING uations used to improve the quality of pro- Act of 1965 was given in such subject, BOARD.—Section 302 of the National Assess- fessional development; and and the change in such percentages between ment of Educational Progress Authorization (H) include instruction in the use of data those assessments. Act (20 U.S.C. 9621) is amended— and assessments to inform and instruct (C) The percentage of students who per- (1) in subsection (a), by striking ‘‘shall for- classroom practice. formed at or above the basic level on the as- mulate’’ and all that follows through the pe- (9) STATE.—The term ‘‘State’’ means each sessment required under section 1111(c)(2) of riod at the end and inserting ‘‘shall— of the several States of the United States, the Elementary and Secondary Education ‘‘(1) formulate policy guidelines for the Na- the District of Columbia, the Commonwealth Act of 1965— tional Assessment of Educational Progress of Puerto Rico, the United States Virgin Is- (i) for the most recent applicable year; and (carried out under section 303); and lands, Guam, American Samoa, the Com- (ii) for the previous such assessment, ‘‘(2) carry out, upon the request of a State, monwealth of the Northern Mariana Islands, and the change in such percentages between an alignment analysis (under section 304) the Republic of the Marshall Islands, the those assessments. comparing a State’s academic content stand- Federated States of Micronesia, and the Re- (D) The percentage of students who per- ards and student academic achievement public of Palau. formed at or above the proficient level on standards adopted under section 1111(b)(1) of (10) STATE ASSESSMENT.—The term ‘‘State the assessment required under section the Elementary and Secondary Education assessment’’, when used with respect to a 1111(c)(2) of the Elementary and Secondary Act of 1965, assessment specifications, assess- particular State, means the student aca- Education Act of 1965— ment questions, and performance standards demic assessments implemented by the (i) for the most recent applicable year; and with national benchmarks reflected in the State pursuant to section 1111(b)(3) of the El- (ii) for the previous such assessment, assessments authorized under this Act.’’; ementary and Secondary Education Act of and the change in such percentages between (2) in subsection (b)(1), by adding at the 1965 (20 U.S.C. 6311(b)(3)). those assessments. end the following: (11) STUDENT PREPAREDNESS.—The term (E) The difference between— ‘‘(O) One representative of the Armed ‘‘student preparedness’’ means preparedness (i) the percentage of students who per- Forces with expertise in military personnel based on the knowledge and skills that— formed at or above the basic level for the requirements and military preparedness, who (A) are prerequisites for entrance into— most recent applicable year on the assess- shall serve as an ex-officio, nonvoting mem- (i) credit-bearing coursework in higher ment required under section 1111(c)(2) of the ber.’’; education without the need for remediation; Elementary and Secondary Education Act of (3) in subsection (c), by striking paragraph (ii) the 21st century workforce; and 1965; and (4);
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00159 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S160 CONGRESSIONAL RECORD — SENATE January 4, 2007 (4) in subsection (e)— (ii) by striking subparagraph (C) and in- in the case of grade 4 and grade 8 students, (A) in paragraph (1)— serting the following: are prerequisite to grade 12 preparedness; (i) in subparagraph (B), by inserting ‘‘and ‘‘(C) conduct a national assessment and ‘‘(bb) are competitive with rigorous inter- grade 12 student preparedness levels’’ after collect and report assessment data, including national content and performance standards; ‘‘achievement levels’’; achievement and student preparedness data and (ii) in subparagraph (D), by inserting trends, in a valid and reliable manner on stu- ‘‘(cc) can be measured and verified objec- ‘‘members of the business and military com- dent academic achievement and student pre- tively using widely accepted professional as- munities,’’ after ‘‘parents,’’; paredness in public and private schools in sessment standards; and (iii) in subparagraph (E), by inserting reading, mathematics, and science at least ‘‘(II) developing student achievement lev- ‘‘and’’ after ‘‘subject matter,’’; once every 2 years in grade 12;’’; els that are— (iv) by redesignating subparagraphs (G), (iii) in subparagraph (D)— ‘‘(aa) based on the knowledge and skills (H), (I), and (J) as subparagraphs (H), (I), (K), (I) by striking ‘‘subparagraph (B) are im- identified in subclause (I); and (L), respectively; plemented and the requirements described in ‘‘(bb) based on the appropriate level of sub- (v) by inserting after subparagraph (F) the subparagraph (C) are met,’’ and inserting ject matter knowledge for the grade levels to following: ‘‘subparagraphs (B) and (C) are imple- be assessed, or the age of the students, as the ‘‘(G) consistent with section 303, measure mented,’’; and case may be; and grade 12 student preparedness;’’; (II) by striking ‘‘science,’’; ‘‘(cc) consistent with relevant widely ac- (vi) by inserting after subparagraph (I) (as (iv) in subparagraph (E)— cepted professional assessment standards. redesignated by clause (iv)) the following: (I) by striking ‘‘reading and mathematics’’ ‘‘(ii) GRADE 12 STUDENT PREPAREDNESS LEV- ‘‘(J) ensure the rigor of the National As- and inserting ‘‘reading, mathematics, and ELS.—The grade 12 student preparedness lev- sessment of Educational Progress framework science’’; and els described in paragraph (1) shall be deter- and assessments, taking into consideration— (II) by striking ‘‘subparagraph (B)’’ and in- mined by— ‘‘(i) the knowledge and skills that are pre- serting ‘‘subparagraphs (B) and (C)’’; and ‘‘(I) identifying the knowledge and skills requisite to credit-bearing coursework in (v) in subparagraph (H), by striking that— higher education without the need for reme- ‘‘achievement data’’ and inserting ‘‘student ‘‘(aa) are prerequisite to credit-bearing diation, the 21st century workforce, and the achievement data and grade 12 student pre- coursework in higher education without the Armed Forces; and paredness data’’; need for remediation in English, mathe- ‘‘(ii) rigorous international content and (D) in paragraph (3)— matics, or science, participation in the 21st performance standards, and how the achieve- (i) in subparagraph (A)— century workforce, and the Armed Forces; ment of students in grades 4, 8, and 12, and (I) in clause (i), by striking ‘‘reading and ‘‘(bb) are competitive with rigorous inter- the preparedness of students in grade 12, in mathematics’’ and inserting ‘‘reading, math- national content and performance standards; the United States compare to the achieve- ematics, and science’’; and ment and the preparedness of students in (II) in clause (ii)— ‘‘(cc) can be measured and verified objec- other industrialized countries;’’; (aa) by inserting ‘‘and grade 12 student pre- tively using widely accepted professional as- (vii) in subparagraph (K) (as redesignated paredness’’ after ‘‘achievement’’; and sessment standards; and by clause (iv)), by striking ‘‘and’’ after the (bb) by striking ‘‘reading and mathe- ‘‘(II) developing grade 12 student prepared- semicolon; matics’’ and inserting ‘‘reading, mathe- ness levels that are— (viii) in subparagraph (L) (as redesignated matics, and science’’; and ‘‘(aa) based on the knowledge and skills by clause (iv)), by striking the period at the (III) in clause (iv), by striking ‘‘an evalua- identified in subclause (I); and end and inserting ‘‘; and’’; tion’’ and inserting ‘‘a review’’; and ‘‘(bb) consistent with widely accepted pro- (ix) by inserting after subparagraph (L) the (ii) in subparagraph (C)(ii), by striking fessional assessment standards.’’; and following: ‘‘reading and mathematics’’ and inserting (ii) in subparagraph (C), by striking ‘‘(M) conduct an alignment analysis as de- ‘‘reading, mathematics, and science’’; ‘‘achievement levels’’ and inserting ‘‘student scribed in section 304 for each State that re- (E) in paragraph (4)(B), by striking ‘‘, re- achievement levels and grade 12 student pre- quests such analysis.’’; and quire, or influence’’ and inserting ‘‘or re- paredness levels’’; (x) in the flush matter at the end— quire’’; and (D) in paragraph (3)— (I) by inserting ‘‘for an assessment’’ after (F) in paragraph (5)(B), by striking ‘‘aca- (i) by striking ‘‘After determining that ‘‘data’’; demic achievement’’ and inserting ‘‘aca- such levels’’ and inserting ‘‘After deter- (II) by inserting ‘‘Assessment Board’s’’ demic achievement or grade 12 student pre- mining that the student achievement levels after ‘‘prior to the’’; and paredness’’; and grade 12 student preparedness levels’’; (III) by striking ‘‘(J)’’ and inserting ‘‘(L)’’; (2) in subsection (c)(3)(A), by striking ‘‘aca- and (B) in paragraph (4), by inserting ‘‘of Edu- demic achievement’’ and inserting ‘‘aca- (ii) by striking ‘‘an evaluation’’ and insert- cational Progress’’ after ‘‘National Assess- demic achievement or grade 12 prepared- ing ‘‘a review’’; and ment’’; ness’’; (E) in paragraph (4), by inserting ‘‘or grade (C) in paragraph (5), in the paragraph head- (3) in subsection (d)(3)— 12 student preparedness levels’’ after ing, by inserting ‘‘ADVICE’’ after ‘‘TECH- (A) in subparagraph (A), by striking ‘‘read- ‘‘achievement levels’’; and NICAL’’; and ing and mathematics in grades 4 and 8’’ and (5) in subsection (f)(1)— (D) in paragraph (6), by inserting ‘‘or grade inserting ‘‘reading, mathematics, and (A) in subparagraph (A), by inserting ‘‘and 12 student preparedness levels’’ after ‘‘stu- science in grades 4 and 8’’; and grade 12 student preparedness levels’’ after dent achievement levels’’; and (B) in subparagraph (B), by striking ‘‘read- ‘‘student achievement levels’’; and (5) in subsection (g)(1), by inserting ‘‘of ing and mathematics assessments in grades 4 (B) in subparagraph (B)— Educational Progress’’ after ‘‘National As- and 8’’ and inserting ‘‘reading, mathematics, (i) in clause (i), by inserting ‘‘or grade 12 sessment’’. and science assessments in grades 4 and 8’’; student preparedness’’ after ‘‘achievement’’; (b) NATIONAL ASSESSMENT OF EDUCATIONAL (4) in subsection (e)— (ii) in clause (ii), by inserting ‘‘and grade PROGRESS.—Section 303 of the National As- (A) in the subsection heading, by inserting 12 student preparedness levels’’ after sessment of Educational Progress Authoriza- ‘‘AND GRADE 12 STUDENT PREPAREDNESS LEV- ‘‘achievement levels’’; tion Act (20 U.S.C. 9622) is amended— ELS’’ after ‘‘LEVELS’’; (iii) by striking clause (iii) and inserting (1) in subsection (b)— (B) in paragraph (1)— the following: (A) in the subsection heading, by striking (i) by striking the paragraph heading and ‘‘(iii) whether any authorized assessment is ‘‘PURPOSE’’ and inserting ‘‘PURPOSES’’; inserting ‘‘DEVELOPMENT.—’’; and being administered as a random sample and (B) by striking paragraph (1) and inserting (ii) by inserting ‘‘, and develop grade 12 is reporting the trends in student achieve- the following: student preparedness levels’’ after ‘‘sub- ment or grade 12 student preparedness in a ‘‘(1) PURPOSES.—The purposes of this sec- section (b)(2)(F)’’; valid and reliable manner in the subject tion are— (C) in paragraph (2)— areas being assessed;’’; ‘‘(A) to provide, in a timely manner, a fair (i) by striking subparagraph (A) and insert- (iv) in clause (iv), by striking ‘‘and’’ after and accurate measurement of student ing the following: the semicolon; achievement and grade 12 student prepared- ‘‘(A) STUDENT ACHIEVEMENT AND GRADE 12 (v) in clause (v), by striking ‘‘and mathe- ness in reading, mathematics, science, and PREPAREDNESS LEVELS.— matical knowledge.’’ and inserting ‘‘and other subject matter as specified in this sec- ‘‘(i) STUDENT ACHIEVEMENT LEVELS.—The mathematical knowledge and scientific tion; and student achievement levels described in knowledge; and’’; and ‘‘(B) to report trends in student achieve- paragraph (1) shall be determined by— (vi) by adding at the end the following: ment and grade 12 student preparedness in ‘‘(I) identifying the knowledge and skills ‘‘(vi) whether the appropriate authorized reading, mathematics, science, and other that— assessments are measuring, consistent with subject matter as specified in this section.’’; ‘‘(aa) are prerequisite to credit-bearing this section, the preparedness of students in (C) in paragraph (2)— coursework in higher education without the grade 12 in the United States for entry into— (i) in subparagraph (B), by striking ‘‘read- need for remediation in English, mathe- ‘‘(I) credit-bearing coursework in higher ing and mathematics’’ and inserting ‘‘read- matics, or science, participation in the 21st education without the need for remediation ing, mathematics, and science’’; century workforce, and the Armed Forces or, in English, mathematics, or science;
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S161 ‘‘(II) the 21st century workforce; and may enter into a contract with an entity (A) convene stakeholders within the State ‘‘(III) the Armed Forces.’’. that possesses the technical expertise to con- and create a forum for identifying and delib- (c) NATIONAL BENCHMARKS.—The National duct the analysis described in this sub- erating on educational issues that cut across Assessment of Educational Progress Author- section. prekindergarten through grade 12 education ization Act (20 U.S.C. 9621 et seq.) is amend- ‘‘(4) STATE PANEL.—The chief State school and higher education, and transcend any sin- ed— officer of a State participating in an align- gle system of education’s ability to address; (1) by redesignating sections 304 and 305 as ment analysis described in this subsection (B) develop and implement a plan for im- sections 305 and 306, respectively; and shall appoint a panel of not less than 6 indi- proving the rigor of a State’s academic con- (2) by inserting after section 303 the fol- viduals to partner with the Assessment tent standards, student academic achieve- lowing: Board in conducting the alignment analysis. ment standards, assessment specifications, ‘‘SEC. 304. NATIONAL BENCHMARKS. Such panel— and assessment questions as necessary, to ‘‘(a) PURPOSES.—The purposes of this sec- ‘‘(A) shall include— ensure such standards and assessments meet tion are— ‘‘(i) local and State curriculum experts; national and international benchmarks as ‘‘(1) to encourage the coordination of, and ‘‘(ii) relevant content and pedagogy ex- reflected in the assessments required under consistency between— perts, including representatives of entities section 303(b)(2) of the National Assessment ‘‘(A) a State’s academic content standards with widely accepted national educational of Educational Progress Authorization Act and student academic achievement stand- standards and assessments; and (20 U.S.C. 9622(b)(2)) or as defined by the ards adopted under section 1111(b)(1) of the ‘‘(iii) not less than 1 entity that possesses council as necessary for success in credit- Elementary and Secondary Education Act of the technical expertise to assist the State in bearing coursework in higher education 1965, assessment specifications, and assess- implementing standards-based reform, which without the need for remediation, the 21st ment questions; and may be the same entity with which the As- century workforce, or the Armed Forces; ‘‘(B) national benchmarks, as reflected in sessment Board contracts to conduct the (C) inform the design and implementation the National Assessment of Educational analysis under paragraph (3); and of integrated prekindergarten through grade Progress; ‘‘(B) may include other State and local rep- 16 data systems, which— ‘‘(2) to assist States in increasing the rigor resentatives and representatives of organiza- (i) will allow the State to track the of their State academic content standards, tions with relevant expertise.’’. progress of individual students from pre- student academic achievement standards, as- (d) DEFINITION OF SECRETARY.—Section 305 kindergarten through grade 12 and into high- sessment specifications, and assessment of the National Assessment of Educational er education; and questions, to ensure that such standards, Progress Authorization Act (as redesignated (ii) shall be capable of being linked with specifications, and questions are competitive by subsection (c)(1)) is amended— appropriate databases on service in the with rigorous national and international (1) by redesignating paragraph (2) as para- Armed Forces and participation in the 21st benchmarks; and graph (3); and century workforce; and ‘‘(3) to improve the instruction and aca- (2) by inserting after paragraph (1) the fol- (D) develop challenging— demic achievement of students, beginning in lowing: (i) school readiness standards; the early grades, to ensure that secondary ‘‘(2) SECRETARY.—The term ‘Secretary’ (ii) curricula for elementary schools and school graduates are well-prepared to enter— means the Secretary of Education.’’. middle schools; and ‘‘(A) credit-bearing coursework in higher (e) AUTHORIZATION OF APPROPRIATIONS.— (iii) 21st century curricula for secondary education without the need for remediation; Section 306(a) of the National Assessment of schools. ‘‘(B) the 21st century workforce; or Educational Progress Authorization Act (as (2) DURATION.—The Secretary shall award ‘‘(C) the Armed Forces. redesignated by subsection (c)(1)) is amend- grants under this section for a period of not ‘‘(b) ALIGNMENT ANALYSIS.— ed— more than 5 years. ‘‘(1) IN GENERAL.—When the chief State (1) by striking paragraph (1) and inserting (3) EXISTING STATE COUNCIL.—A State with school officer of a State identifies a need for, the following: an existing State council may qualify for the and requests the Assessment Board to con- ‘‘(1) for fiscal year 2008— purposes of a grant under this section if— duct, an alignment analysis for the State in ‘‘(A) $7,500,000 to carry out section 302; (A) such council— reading, mathematics, or science in grades 4 ‘‘(B) $200,000,000 to carry out section 303; (i) has the authority to carry out this sec- and 8, the Assessment Board shall perform and tion; and an alignment analysis of the State’s aca- ‘‘(C) $10,000,000 to carry out section 304; (ii) includes the members required under demic content standards and student aca- and’’; and subsection (b); or demic achievement standards adopted under (2) in paragraph (2)— (B) the State amends the membership or section 1111(b)(1) of the Elementary and Sec- (A) by striking ‘‘5 succeeding’’ and insert- responsibilities of the existing council to ondary Education Act of 1965 (20 U.S.C. ing ‘‘4 succeeding’’; and meet the requirements of subparagraph (A). 6311(b)(1)), assessment specifications, and as- (B) by striking ‘‘and 303, as amended by (b) COMPOSITION.— sessment questions, for the identified subject section 401 of this Act’’ and inserting ‘‘, 303, (1) REQUIRED MEMBERS.—The members of a in grades 4 and 8. Such analysis shall begin and 304’’. council described in subsection (a) shall in- not later than 180 days after the alignment (f) CONFORMING CHANGES AND AMEND- clude— analysis is requested. MENTS.— (A) the Governor of the State or the des- ‘‘(2) ASSESSMENT BOARD RESPONSIBILITIES.— (1) CONFORMING CHANGES TO THE ELEMEN- ignee of the Governor; As part of the alignment analysis, the As- TARY AND SECONDARY EDUCATION ACT OF 1965.— (B) the chief executive officer of the State sessment Board shall— (A) STATE PLANS.—Section 1111(c)(2) of the public institution of higher education sys- ‘‘(A) identify the differences between the Elementary and Secondary Education Act of tem, if such a position exists; State’s academic content standards and stu- 1965 (20 U.S.C. 6311(c)(2)) is amended by strik- (C) the chief executive officer of the State dent academic achievement standards, as- ing ‘‘and mathematics’’ and inserting ‘‘, higher education coordinating board; sessment specifications, and assessment mathematics, and science’’. (D) the chief State school officer; questions for the subject identified by the (B) LOCAL EDUCATIONAL AGENCY PLANS.— (E) not less than 1 representative each State, and national benchmarks reflected in Section 1112(b)(1)(F) of the Elementary and from— the National Assessment of Educational Secondary Education Act of 1965 (20 U.S.C. (i) the business community; and Progress in such subject in grades 4 and 8; 6312(b)(1)(F)) is amended by striking ‘‘read- (ii) the Armed Forces; ‘‘(B) at the State’s request, recommend ing and mathematics’’ and inserting ‘‘read- (F) a public elementary school teacher em- steps for, and policy questions such State ing, mathematics, and science’’. ployed in the State; and should consider regarding, the alignment of (2) CONFORMING AMENDMENT.—Section (G) a public secondary school teacher em- the State’s academic content standards and 113(a)(1) of the Education Sciences Reform ployed in the State. student academic achievement standards in Act of 2002 (20 U.S.C. 9513(a)(1)) is amended (2) OPTIONAL MEMBERS.—The council de- the identified subject, with national bench- by striking ‘‘section 302(e)(1)(J)’’ and insert- scribed in subsection (a) may also include— marks reflected in the National Assessment ing ‘‘section 302(e)(1)(L)’’. (A) a representative from— of Educational Progress in such subject in SEC. 7. PREKINDERGARTEN THROUGH GRADE 16 (i) a private institution of higher edu- grades 4 and 8; and STUDENT PREPAREDNESS COUNCIL cation; ‘‘(C) at the State’s request, and in conjunc- GRANTS. (ii) the Chamber of Commerce for the tion with a State prekindergarten through (a) PROGRAM AUTHORIZED.— State; grade 16 student preparedness council estab- (1) IN GENERAL.—From amounts appro- (iii) a civic organization; lished under section 7 of the States Using priated under subsection (g) for a fiscal year, (iv) a civil rights organization; Collaboration and Coordination to Enhance the Secretary is authorized to award, on a (v) a community organization; or Standards for Students Act of 2007, assist in competitive basis, grants to States for the (vi) an organization with expertise in world the development of a plan described in sec- purpose of allowing the States to establish cultures; tion 7(e)(1)(C) of such Act. State prekindergarten through grade 16 stu- (B) the State official responsible for eco- ‘‘(3) CONTRACT.—At the discretion of the dent preparedness councils (referred to in nomic development, if such a position exists; Assessment Board, the Assessment Board this section as ‘‘councils’’) that— or
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S162 CONGRESSIONAL RECORD — SENATE January 4, 2007 (C) a dean or similar representative for a (ii) to the extent possible, coordinate with (I) preservice and in-service teacher, para- school of education at an institution of high- other relevant State databases, such as professional, principal, and school adminis- er education or a similar teacher certifi- criminal justice or social services data sys- trator training; cation or licensure program. tems; (II) statewide meetings to provide profes- (c) TIMELINE.—A State receiving a grant (iii) allow the State to analyze correla- sional development opportunities for teach- under this section shall establish a council tions between course-taking patterns in pre- ers and administrators; (or use or amend an existing council in ac- kindergarten through grade 12 and outcomes (III) development of curricula and instruc- cordance with subsection (a)(3)) not later after secondary school graduation, includ- tional methods and materials; than 60 days after the receipt of the grant. ing— (IV) the redesign of existing assessments, (d) APPLICATION.— (I) entry into higher education; or the development or purchase of new high- (1) IN GENERAL.—Each State desiring a grant under this section shall submit an ap- (II) the need for, and cost of, remediation quality assessments, with a focus on ensur- plication to the Secretary at such time, in in higher education; ing that such assessments are rigorous, such manner, and accompanied by such in- (III) graduation from higher education; measure significant depth of knowledge, use formation as the Secretary may reasonably (IV) entry into the 21st century workforce; multiple measures and formats (such as stu- require. (V) entry into the Armed Forces; and dent portfolios), and are sensitive to inquiry- (2) CONTENTS.—Each application submitted (VI) to the extent possible through link- based, project-based, or differentiated in- under paragraph (1) shall— ages with appropriate databases on service in struction; and (A) demonstrate that the opinions of the the Armed Forces and participation in the (V) other activities necessary for the effec- larger education, business, and military 21st century workforce, persistence in the tive implementation of the new State stand- community, including parents, students, Armed Forces and continued participation in ards or assessments, or both. teachers, teacher educators, principals, the 21st century workforce; and (D) Analyze the State’s level of prekinder- school administrators, and business leaders, (iv) ensure that the use of any available garten through grade 16 curricular align- will be represented during the determination data does not allow for the public identifica- ment and the success of the State’s edu- of the State academic content standards and tion of the individual student’s personally cation system in preparing students for high- student academic achievement standards, as- identifiable information, and that all data er education, the 21st century workforce, and sessment specifications, assessment ques- shall be collected and maintained in accord- the Armed Forces by— tions, and the development of curricula, if ance with section 444 of the General Edu- (i) using the data produced by a data sys- applicable; cation Provisions Act (20 U.S.C. 1232g; com- tem described in subparagraph (A) or (B), or (B) include a comprehensive plan to pro- monly referred to as the Family Educational other information as appropriate; and vide high-quality professional development Rights and Privacy Act of 1974). (ii) exploring a possible agreement between for teachers, paraprofessionals, principals, (B) If an integrated prekindergarten the State educational agency and the higher and school administrators; through grade 16 longitudinal data system education system in the State on a common (C) explain how the State will provide as- exists or is currently being built, ensure that assessment or assessments that— sistance to local educational agencies in im- it complies with the requirements described (I) shall follow established guidelines to plementing rigorous State standards through in subparagraph (A). guarantee reliability and validity; substantive curricula, including scientif- (C) Develop and implement a plan to in- (II) shall provide adequate accommoda- ically based remediation and acceleration crease the rigor of standards or assessments tions for students who are limited English opportunities for students; and in reading, mathematics, or science in order proficient and students with disabilities; and (D) explain how the State and the council to better align such standards or assess- (III) may be a placement examination, end will leverage additional State, local, and ments with national benchmarks reflected in of course examination, college, workforce, or other funds to pursue curricular alignment the National Assessment of Educational Armed Forces preparedness examination, or and student success. Progress in grades 4 and 8 (in accordance admissions examination, that measures sec- (e) USE OF FUNDS.— with the results of the alignment analysis ondary students’ preparedness to succeed in (1) REQUIRED ACTIVITIES.—A State receiv- conducted under section 304 of the National postsecondary, credit-bearing courses. ing a grant under this section shall use the Assessment of Educational Progress Author- (E) If the State has an officially designated grant funds to establish a council that shall ization Act), and in other grades to ensure college preparatory curriculum at the time carry out the following: the alignment of kindergarten through grade the State applies for a grant under this sec- (A) Design and implement an integrated 12 standards or assessments with the revi- tion— prekindergarten through grade 16 longitu- sions made in grades 4 and 8, or to align such (i) describe the extent to which students dinal data system for the State, if such sys- standards or assessments with the demands who completed the college preparatory cur- tem does not exist, that will allow the State of higher education, the 21st century work- riculum are more or less successful than to track the progress of students from pre- kindergarten, through grade 12, and into force, or the Armed Forces or other national other students, including students who did higher education, the 21st century work- and international benchmarks identified by not complete a college preparatory cur- force, and the Armed Forces. The data sys- the council. Such plan may include— riculum, in entering and graduating from a tem shall— (i) an articulation of the steps necessary— program of study at an institution of higher (i) include— (I) for revising the State academic content education or entering the 21st century work- (I) a unique statewide student identifier for standards and student academic achieve- force or the Armed Forces; each student; ment standards, assessment specifications, (ii) examine the extent to which the expec- (II) student-level enrollment, demographic, and assessment questions for the identified tations of the college preparatory cur- and program participation information, in- subject; and riculum are aligned with the entry standards cluding race or ethnicity, gender, and in- (II) to better align the standards and the of the State’s institutions of higher edu- come status; assessment specifications and questions de- cation, including whether such curriculum (III) the ability to match individual stu- scribed in subclause (I) with— enables secondary school students to enter dents’ test records from year to year to (aa) national benchmarks as reflected in credit-bearing coursework in higher edu- measure academic growth; the National Assessment of Educational cation without the need for remediation; and (IV) information on untested students; Progress required under section 303 of the (iii) examine the extent to which the cur- (V) a teacher identifier system with the National Assessment of Educational riculum allows graduates to attain the skills ability to match teachers to students; Progress Authorization Act (20 U.S.C. 9622) necessary to enter the 21st century work- (VI) student-level transcript information, for the identified subject; or force or the Armed Forces. including information on courses completed (bb) the demands of higher education, the (F) If the State has not designated a col- and grades earned; 21st century workforce, or the Armed Forces lege preparatory curriculum at the time the (VII) student-level college preparedness ex- or other national or international bench- State applied for a grant under this section, amination scores; marks identified by the council; or if the curriculum described in subpara- (VIII) student-level graduation and drop- (ii) an articulation of the steps necessary graph (E) does not result in a higher number out data; and the process the State will undertake to of students enrolling in and graduating from (IX) the ability to match student records revise standards or assessments, or both, in institutions of higher education or entering between the prekindergarten through grade the identified subject; the 21st century workforce or the Armed 12 and the postsecondary systems; (iii) a description of the partners the State Forces, or is not aligned with the entry (X) a State data audit system assessing will work with to revise standards or assess- standards described in subparagraph (E)(ii), data quality, validity, and reliability; ments, or both; and develop a 21st century curriculum that— (XI) rates of student attendance at institu- (iv) a description of the activities the (i) may be adopted by the local educational tions of higher education; State will undertake to implement the re- agencies in the State for use in secondary (XII) rates of student enrollment and re- vised standards or assessments, or both, at schools; tention in the Armed Forces; and the State educational agency level and the (ii) enables secondary school students to (XIII) student nonmilitary postsecondary local educational agency level, which activi- enter credit-bearing coursework in higher employment information; ties may include— education without the need for remediation;
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(iii) allows graduates to attain the skills tivities described in paragraph (1). Grant (g) AUTHORIZATION OF APPROPRIATIONS.— necessary to enter the 21st century work- funds received for subsequent fiscal years There are authorized to be appropriated to force or the Armed Forces; shall be used for the implementation of the carry out this section $200,000,000 for fiscal (iv) reflects the input of teachers, prin- activities described in such paragraph. year 2008, and such sums as may be necessary cipals, school administrators, and college (f) REPORTS AND PUBLICATION.— for each of the 4 succeeding fiscal years. faculty; and (1) REPORTS.— SEC. 8. COLLABORATIVE STANDARDS AND AS- (v) focuses on providing rigorous core (A) INITIAL REPORT.—Not later than 9 SESSMENTS GRANTS. courses that reflect the State academic con- months after a State receives a grant under (a) DEFINITIONS.—In this section: tent standards and student academic this section, the State shall submit a report (1) ELIGIBLE STATE.—The term ‘‘eligible achievement standards. to the Secretary that includes— State’’ means a State that demonstrates (G) Develop and make available specific (i) an analysis of alignment and articula- that it has analyzed and, where applicable, opportunities for extensive professional de- tion across the State’s systems of public edu- revised the State standards and assessments, velopment for teachers, paraprofessionals, cation for prekindergarten through grade 16, through participation in a prekindergarten principals, and school administrators, to im- including data that indicates the percent of through grade 16 student preparedness coun- prove instruction and support mechanisms students who— cil described in section 7 or through other for students using a curriculum described in (I) graduate from secondary school with a State action, to ensure the standards and as- subparagraph (E) or (F). regular diploma in the standard number of sessments— (H) Develop a plan to provide remediation years; (A) are aligned with the demands of the and additional learning opportunities for (II) complete a curriculum described in 21st century; and students below grade level to ensure that all subparagraph (E) or (F) of subsection (e)(1); (B) prepare students for entry into— students will have the opportunity to meet (III) matriculate into an institution of (i) credit-bearing coursework in higher the curricular standards of a curriculum de- higher education (disaggregated by 2-year education without the need for remediation; scribed in subparagraph (E) or (F). and 4-year degree-granting programs); (ii) the 21st century workforce; and (I) Use data gathered by the council to im- (IV) are secondary school graduates who (iii) the Armed Forces prove instructional methods, better tailor need remediation in reading, writing, mathe- (2) ELIGIBLE CONSORTIUM.— student support services, and serve as the matics, or science before pursuing credit- (A) IN GENERAL.—The term ‘‘eligible con- basis for all school reform initiatives. bearing post-secondary courses in English, sortium’’ means a consortium of 2 or more (J) Implement activities designed to en- mathematics, or science; eligible States that agrees to allow the Sec- sure the enrollment of all students in rig- (V) persist in an institution of higher edu- retary, under subsection (e), to make avail- orous coursework, which may include— cation into the second year; and able any assessment developed by the con- (i) specifying the courses and performance (VI) graduate from an institution of higher sortium under this section to a State that so levels required for acceptance into public in- education within 150 percent of the expected requests, including a State that is not a stitutions of higher education; time for degree completion (within 3 years member of the consortium. (ii) collaborating with institutions of high- for a 2-year degree program and within 6 (B) ADDITIONAL MEMBERS.—An eligible con- er education or other State educational years for a baccalaureate degree); sortium may include, in addition to 2 or agencies to develop assessments aligned to (ii) an analysis of the strengths and weak- more eligible States, an entity with the State academic content standards and a cur- nesses of the State— technical expertise to carry out a grant riculum described in subparagraph (E) or (F), (I) in transitioning students from the pre- under this section. which assessments may be used as measures kindergarten through grade 12 education sys- (b) PROGRAM AUTHORIZED.—From amounts of student achievement in secondary school tem into higher education, the 21st century authorized under subsection (f), the Sec- as well as for entrance or placement at insti- workforce, and the Armed Forces; and retary shall award grants, on a competitive tutions of higher education; (II) in transitioning students from the pre- basis, to eligible consortia to enable the eli- (iii) creating ties between elementary kindergarten through grade 12 education sys- gible consortia to develop common standards schools and secondary schools, and institu- tem into mathematics, science, engineering, and assessments that— tions of higher education, to offer— technology, and critical-need foreign lan- (1) are highly rigorous, internationally (I) accelerated learning opportunities, par- guage degree programs at institutions of competitive, and aligned with the demands ticularly with respect to mathematics, higher education; of higher education, the 21st century work- science, engineering, technology, and crit- (iii) an analysis of the quality and rigor of force, and the Armed Forces; and ical-need foreign languages to secondary the State’s curriculum described in subpara- (2) in the case of assessments, set rigorous school students, which may include— graph (E) or (F) of subsection (e)(1), and the performance standards comparable to rig- (aa) granting postsecondary credit for sec- accessibility of the curriculum to all stu- orous national and international bench- ondary school courses; dents in prekindergarten through grade 12; marks. (bb) providing early enrollment opportuni- (iv) an analysis of the strengths and weak- (c) APPLICATION.—An eligible consortium ties in postsecondary education for sec- nesses of the State in recruiting, retaining, desiring a grant under this section shall sub- ondary students enrolled in postsecondary- and supporting qualified teachers, includ- mit an application to the Secretary at such level coursework; ing— time, in such manner, and containing such (cc) creating dual enrollment programs; (I) whether the State needs to recruit addi- information as the Secretary may require. (dd) creating satellite secondary school tional teachers at the secondary level for (d) REPORT.—Not later than 90 days after campuses on the campuses of institutions of specific subjects (such as mathematics, the end of the grant period, an eligible con- higher education; and science, engineering and technology edu- sortium receiving a grant under this section (ee) providing opportunities for higher edu- cation, and critical-need foreign languages), shall prepare and submit a report to the Sec- cation faculty who are highly qualified, as particular schools, or local educational agen- retary describing the grant activities. such term is defined in section 9101 of the El- cies; and (e) AVAILABILITY OF ASSESSMENTS.—The Secretary shall— ementary and Secondary Education Act of (II) recommendations on how to set and (1) make available, to a State that so re- 1965 (20 U.S.C. 7801), to teach credit-bearing achieve goals in this pursuit; and quests and at no charge to the State, any postsecondary courses in secondary schools; (v) a detailed action plan that describes rigorous, high-quality assessment developed and how the council will accomplish the goals by an eligible consortium under this section; (II) professional development activities for and tasks required by the grant under this and teachers, which may include— section, including a timeline for accom- (2) notify potential eligible States, at rea- (aa) mentoring opportunities; and plishing all activities under the grant. sonable intervals, of all assessments cur- (bb) summer institutes; (B) ANNUAL REPORTS.—Not later than 1 rently under development by eligible con- (iv) expanding or creating higher education year following the submission of the initial sortia under this section. awareness programs for middle school and report described in subparagraph (A), and an- (f) AUTHORIZATION OF APPROPRIATIONS.— secondary school students; nually thereafter for the duration of the There are authorized to be appropriated to (v) expanding opportunities for students to grant, a State receiving a grant under this carry out this section $75,000,000 for fiscal enroll in highly rigorous postsecondary pre- section shall prepare and submit to the Sec- year 2008 and such sums as are necessary for paratory courses, such as Advanced Place- retary a report that describes the State’s each of the 4 succeeding fiscal years. ment and International Baccalaureate progress in accomplishing the goals and courses; and tasks required by the grant, including By Mr. McCAIN (for himself, Mr. (vi) developing a high-quality professional progress on each item described in subpara- DEMINT, Mr. SMITH, and Mr. development curriculum to provide profes- graph (A). The final annual report under this sional development opportunities for para- subparagraph shall be submitted 1 year after SUNUNU): professionals, teachers, principals, and ad- the expiration of the grant. S. 166. A bill to restrict any State ministrators. (2) PUBLICATION.—A State submitting a re- from imposing a new discriminatory (2) PLANNING AND IMPLEMENTATION.—A port in accordance with this subsection shall tax on cell phone services; to the Com- State receiving a grant under this section publish and widely disseminate the report to mittee on Finance. may use grant funds received for the first fis- the public, including posting the report on Mr. MCCAIN. Mr. President, I am cal year to form the council and plan the ac- the Internet. pleased to be joined by Senator DEMINT
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00163 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S164 CONGRESSIONAL RECORD — SENATE January 4, 2007 in introducing the Cell Phone Tax Mor- the Senate Commerce Committee. The ance grant program. That program, atorium Act of 2007. This bill would put amendment passed with a vote 21–1. I housed at the Department of Energy, a stop to new discriminatory taxes on am hopeful that this bill will once provides financial assistance to encour- cell phone services for a period of 3 again be supported by the Commerce age the building of new cellulosic fa- years. Committee and that it will be approved cilities in the U.S. The program was The average general sales tax in the by the full Senate. I ask my colleagues authorized to receive $250 million in U.S. today is around six percent, but to join me in ending the discriminatory fiscal year 2006 and $400 million in fis- the average State and local taxes and sales taxes on this very popular com- cal year 2007. fees on cell phone service comes in at munications service. Though Congress has taken the steps about 17 percent. Consumers are left I’ve just described, I believe we can and paying a hefty portion of their month- By Mrs. BOXER: should do more, and the bill I introduce ly cell phone bill to the Government S. 167. A bill to amend the Clean Air today does just that. for what many believe is their most Act to require the Secretary of Energy It would add two new cellulosic eth- important communications device. to provide grants to eligible entities to anol programs to the Clean Air Act. The National Conference of State carry out research, development, and The first is a new competitive grant Legislatures and the National Gov- demonstration projects of cellulosic program for cellulosic motor vehicle ernors’ Association have issued policy ethanol and construct infrastructure fuel research and demonstration positions calling for states to elimi- that enables retail gas stations to dis- projects. Funded at $1 billion over 6 nate excessive and discriminatory pense cellulosic ethanol for vehicle fuel years, universities, Federal and State taxes on communications services. to reduce the consumption of petro- research labs, private industry, non- State and local governments have been leum-based fuel; to the Committee on profit groups, or partnerships between working with the telecommunications Environment and Public Works. any of these groups, would be able to industry to find a solution to these ex- Mrs. BOXER. Mr. President, I rise compete for funds. cessive taxes, but no agreement has today to introduce the Cellulosic Eth- My bill would also create a new pilot been reached. During the three year anol Development and Implementation program for the installation of ethanol moratorium, it is my hope that State Act of 2007. fuel pumps at gas stations or any other and local governments—in cooperation As a Nation, we should be striving for needed infrastructure required to dis- with industry—will work to eliminate greater energy independence and for pense ethanol fuel, such as a storage discriminatory taxes and fees on wire- more environmentally friendly sources tank, for example. Funded at $1 billion less services. of fuel for our automobiles. Cellulosic over 6 years, the same entities that Excessive taxes dampen innovation, ethanol is fuel ethanol made from glu- would participate in the research sec- and are regressive, hitting the most cose, a sugar derived from the cellolose tion of the bill would also be able to vulnerable customers the hardest. Al- in biomass. It is chemically identical compete for funds under this program. though more then 72 percent of all to ethanol made from food crops like Successful applicants would have to Americans own a cell phone, 26 percent corn and sugar cane. Cellulosic ethanol provide 20 percent of the grant in said they could not live without it be- is more difficult to make, because cel- matching funds. cause it is their only communications lulose is a tough structural material Finally, my bill also extends the au- source, according to a recent Pew that gives plants their strength. thorization for the original cellulosic Internet and Life Project report. Cell However, making ethanol from cel- grant program that is currently au- phone only owners are often those who lulose lets us tap into a much larger thorized in EPAct 05. The authoriza- find it difficult to afford a wired and a source of sugars, and, therefore, poten- tion expires at the end of this year, and wireless phone. Additionally, according tially make much larger amounts of the bill I introduce today would extend to the same report, 74 percent of the fuel ethanol, tens of billions of gallons it at $400 million per year thru 2010. Americans say they have used their or more. An additional benefit is that This extension will ensure the program cell phone in an emergency and gained cellulosic ethanol made from biomass continues. valuable assistance. is likely to produce smaller amounts of As Chair of the Environment and Some State and local governments greenhouse gases than corn ethanol, Public Works Committee, I believe cannot move beyond the idea that and far less greenhouse gases than gas- that our Nation’s energy policy must wireless services are some kind of lux- oline it will replace. With continued focus on conservation, improvements ury item that can be taxed at a higher technology improvements, it should be in energy efficiency, and the develop- rate. These services may have been a cheaper than gasoline. Because it is lo- ment of clean, renewable energy tech- luxury item many years ago, but due cally made, it reduces the need for oil nology. I continue to support measures to deregulation wireless services are imports. to accomplish these goals, including more affordable than ever and even An April 2005 study by the Depart- the promotion of cellulosic ethanol. I necessary for personal or business rea- ment of Energy and Agriculture indi- believe this bill is an important next sons. This is why it is perplexing that cates that the country currently has a step in achieving these objectives. I some states burden cell phone sub- supply of biomass sufficient to displace ask content that a copy of the bill be scribers with taxes and fees that can be 30 percent of the country’s present pe- printed in the RECORD. as high as 24 percent of a consumer’s troleum use. There being no objection, the text of total bill. I am introducing this bill because I the bill was ordered to be printed in Tax rates as high as this are gen- believe we should be doing more to har- the RECORD, as follows: erally associated with cigarettes and ness our Nation’s cellulosic ethanol po- S. 167 alcohol and known as ‘‘sin taxes’’ de- tential. I have been a strong proponent Be it enacted by the Senate and House of Rep- signed to reduce consumption. I cannot of using alternative transportation resentatives of the United States of America in imagine it is the intention of states fuels and efficiency measures to reduce Congress assembled, and localities to reduce consumption of oil dependence. Last Congress, we took SECTION 1. SHORT TITLE. wireless services. a good first step in the development of This Act may be cited as the ‘‘Cellulosic cellulosic ethanol. The Energy Policy Ethanol Development and Implementation Mindful of the revenue requirements Act of 2007’’. Act of 2005, known as EPAct 05, re- of States and localities, this bill does SEC. 2. CELLULOSIC ETHANOL FUEL DEVELOP- not eliminate existing discriminatory quires that at least one-third of the MENT AND IMPLEMENTATION PRO- taxes. Nor does the bill prohibit states Nation’s ethanol be produced from cel- GRAM. and localities from imposing new taxes lulose by 2013. Section 212 of the Clean Air Act (42 U.S.C. on wireless services that are not dis- In addition, EPAct 05 also created a 7546) is amended by adding at the end the fol- criminatory. The bill simply puts a new ethanol section of the Clean Air lowing: ‘‘(f) CELLULOSIC ETHANOL FUEL GRANT PRO- stop to the creation of new discrimina- Act (Section 212). In that section, one GRAM.— tory taxes on cell phone services. subsection, section 212(e), includes lan- ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In Last year I introduced similar legis- guage I authored to establish a new this subsection, the term ‘eligible entity’ lative language during a mark-up in cellulosic production conversion assist- means—
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00164 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S165 ‘‘(A) an institution of higher education; By Mr. ALLARD (for himself and S. 171. A bill to designate the facility ‘‘(B) a National Laboratory; Mr. SALAZAR): of the United States Postal Service lo- ‘‘(C) a Federal research agency; S. 168. A bill to direct the Secretary cated at 301 Commerce Street in Com- ‘‘(D) a State research agency; of Veterans Affairs to establish a na- merce, Oklahoma, as the ‘‘Mickey ‘‘(E) a private sector entity; tional cemetery for veterans in the ‘‘(F) a nonprofit organization; or Mantle Post Office Building’’; to the ‘‘(G) a consortium of 2 or more entities de- Pikes Peak Region of Colorado; to the Committee on Homeland Security and scribed in subparagraphs (A) through (F). Committee on Veterans’ Affairs. Governmental Affairs. ‘‘(2) ESTABLISHMENT.—The Secretary shall Mr. ALLARD. Mr. President, I am re- Mr. INHOFE. Mr. President, I rise establish a program to provide grants to eli- introducing legislation to establish a today along with my colleague, TOM gible entities for use in carrying out re- National Veteran’s Cemetery in the COBURN, to proudly introduce legisla- search, development, and demonstration Pikes Peak Region of Colorado in order tion to designate the facility of the projects relating to the use of cellulosic eth- to meet the needs of veterans in south- United States Postal Service located at anol fuel for motor vehicles. ern Colorado. This legislation is simi- 301 Commerce Street in Commerce, OK ‘‘(3) APPLICATION.—An eligible entity that lar to what I have introduced and sup- seeks to receive a grant under this sub- as the ‘‘Mickey Mantle Post Office.’’ ported in the past, and seeks to fill a Mickey Mantle emulates the Okla- section shall submit to the grant review void for many veterans and their fami- committee described in paragraph (4) an ap- homa spirit of hard work, charity, and plication for the grant at such time, in such lies. Colorado’s fifth Congressional Dis- sportsmanship. He is a shining example form, and containing such information as trict contains the third highest con- of how commitment and dedication can the grant review committee may require. centration of military retirees in the lead to great success. I seek to name ‘‘(4) GRANT REVIEW COMMITTEE.—Applica- nation. Recent estimates show that the post office in Commerce, Okla- tions for grants under this subsection shall there are as many as 175,000 veterans in homa, in Mickey Mantle’s honor. He is be reviewed, and approved or disapproved, by the area, when including all of south- still known to Commerce by the nick- a grant review committee composed of an ern Colorado. This legislation will names ‘‘Commerce Comet’’ or ‘‘Com- equal number of representatives of— allow thousands of eligible southern ‘‘(A) the Department of Energy, to be ap- merce Kid’’. Colorado military personnel, both ac- At age 4, Mickey Mantle moved with pointed by the Secretary; tive duty and retired as well as the ‘‘(B) the Department of Agriculture, to be his family to Commerce where he grew many veterans living in the area, to appointed by the Secretary of Agriculture; up, having been born in Spavinaw, OK. have a chance to find their final rest- ‘‘(C) the Environmental Protection Agen- By his father who was an amateur ing place in the region so many of cy, to be appointed by the Administrator; player and fervent fan, Mickey Mantle them have come to love and appre- and was named in honor of Mickey ‘‘(D) experts that are not full-time employ- ciate. ees of the Federal Government, to be ap- This legislation has been influenced Cochrane, the Hall of Fame catcher pointed by the President. by the growing military retiree and from the Detroit Tigers. ‘‘(5) PRIORITY.—In awarding grants under veterans populations in the Pikes Peak Signing with the New York Yankees this subsection, the grant review committee region as well as community leaders in 1949, Mantle made his Major League shall give priority to eligible entitles that and local Veterans Service Organiza- Debut in 1951. He played his entire propose to carry out— tions who have repeatedly brought this Major League career with the Yankees. ‘‘(A) projects that use alternative or re- issue to my attention over the last sev- He was a twenty-time All Star and newable energy sources in the production of named American League MVP three cellulosic ethanol fuel; and eral years. It is important to note the ‘‘(B) demonstration projects. passion and perseverance of those that times. Mantle was a part of 12 pennant ‘‘(6) MATCHING FUNDS.—As a condition of have supported a National Veterans winners and 7 World Championship receiving a grant under this subsection, an Cemetery and have worked tirelessly clubs. Some of Mantle’s records still eligible entity shall provide matching funds on the issue. This legislation is truly hold today. He holds the record for in the amount of 20 percent of the total citizen-generated and is a testament to most World Series home runs 18, runs amount of the grant. the dedication of veterans in the com- batted in 40, runs 42, walks 43, extra- ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— munity. base hits 26, and total bases 123. There is authorized to be appropriated to Mantle announced his retirement on carry out this subsection $1,000,000,000 for the By Mr. ALLARD (for himself and March 1, 1969. In actually retired on period of fiscal years 2007 through 2013. Mr. LEVIN): Mickey Mantle Day, June 8, 1969. In ad- ‘‘(g) INFRASTRUCTURE PILOT PROGRAM FOR S. 169. A bill to amend the National dition to the retirement of his uniform CELLULOSIC ETHANOL FUEL.— Trails System Act to clarify Federal number 7, Mantle was given a plaque ‘‘(1) IN GENERAL.—The Secretary shall es- authority relating to land acquisition that would hang on the center field tablish a pilot program to provide grants to from willing sellers for the majority of eligible entities (as described in subsection wall at Yankee Stadium, near the (d)(2) or defined in subsection (f)) for use in the trails in the System, and for other monuments to Babe Ruth, Lou Gehrig installing infrastructure (such as pumps) purposes; to the Committee on Energy and Miller Huggins. In 1974, as soon as that would enable retail gas stations to sell and Natural Resources. he was eligible, he was inducted into and dispense ethanol fuel. Mr. ALLARD. Mr. President, the Na- the Baseball Hall of Fame dem- tional Trails System Willing Seller Act ‘‘(2) APPLICATION.—An eligible entity that onstrating his importance to baseball will pave the way for the completion of seeks to receive a grant under this sub- and community. section shall submit to the Secretary an ap- our Nation’s most outstanding na- Sadly, Mickey Mantle’s father died of plication for the grant at such time, in such tional trails. The legislation will cancer at the age of 39, just as his son form, and containing such information as amend the National Trails System Act was starting his career. Mantle said the Secretary may require. of 1968 to make clear that the Federal one of the great heartaches of his life ‘‘(3) MATCHING FUNDS.—As a condition of Government may purchase land to receiving a grant under this subsection, an was that he never told his father he eligible entity shall provide matching funds complete several national trails from willing sellers. The legislation specifi- loved him. in the amount of 20 percent of the total After a bout with liver cancer him- amount of the grant. cally names nine trails that are spread across the nation. The Continental Di- self, Mickey Mantle was given a few ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— precious extra weeks of life due to a There is authorized to be appropriated to vide trail, stretching from Mexico carry out this subsection $1,000,000,000 for the through Colorado to the Canadian bor- liver transplant. The baseball great period of fiscal years 2007 through 2013.’’. der, is among the trails that await was overwhelmed by the selfless gift of completion. a liver from a stranger; therefore, SEC. 3. CELLULOSIC BIOMASS ETHANOL CONVER- Mickey became determined to give SION ASSISTANCE. I was successful in gaining Senate something back at the end of his life. Section 212(e) of the Clean Air Act (42 passage of this legislation in the 108th Congress and am hopeful that both the Thus, in 1995, the year he died, the U.S.C. 7546(e)) is amended by striking para- Mickey Mantle Foundation was estab- graph (3) and inserting the following: House and Senate will act on the bill ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— this year. lished to promote organ and tissue do- There are authorized to be appropriated to nation, and Mickey Mantle will be re- carry out this subsection $400,000,000 for each By Mr. INHOFE (for himself and membered for something more than his of fiscal years 2007 through 2010.’’. Mr. COBURN): heroic baseball career.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00165 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S166 CONGRESSIONAL RECORD — SENATE January 4, 2007 I encourage my colleagues to join me Defibrillators and many other numer- gust as ‘‘National Health Center Week’’ in support of this legislation as we ous regulations that would affect my to raise awareness regarding both these commemorate an outstanding athlete rural State such as the 250 yard-rule issues and have supported passage and so that future generations will be as in- for Critical Access Hospitals. enactment of numerous health-care-re- spired by his example of sportsmanship As a supporter of safety and medical lated bills, such as the Rural Health and charity as we have been. research, I have co-sponsored legisla- Care Capital Access Act of 2006, which tion to increase the supply of pan- extends the exemption respecting re- By Mr. INHOFE (for himself and creatic islet cells for research and a quired patient days for critical access Mr. DEMINT): bill to take the abortion pill RU–486 off hospitals under the federal hospital S. 173. A bill to amend title XVIII of the market in the United States. mortgage insurance program. the Social Security Act to establish In response to the shortages of flu As the Federal Government invests Medicare Health Savings Accounts; to vaccines experienced in years past, I in improving hospitals and healthcare the Committee on Finance. introduced the Flu Vaccine Incentive initiatives, I have fought hard to en- Mr. INHOFE. Mr. President, I intro- Act to help prevent any future short- sure that Oklahoma gets its fair share. duce a bill to establish Medicare ages in flu vaccines in both the 108th Specifically, over the past 3 years, I Health Savings Account, HSAs. This and 109th Congresses. My bill removed have helped to secure $5.2 million in bill will make HSAs available under suffocating price controls from govern- funding for the Oklahoma Medical Re- Medicare in lieu of Medicare Medical ment purchasing of the flu vaccine search Foundation, the Oklahoma Savings Account, MSAs. I have long while encouraging more companies to State Department of Health planning been dedicated to quality health care enter the market. Also, my bill freed initiative for a rural telemedicine sys- and believe that seniors should have American companies to enter the flu tem, the INTEGRIS Healthcare Sys- the ability to make their own decisions vaccine industry by giving them an in- tem, the University of Oklahoma regarding their health care, so they vestment tax credit towards the con- Health Sciences Center, the Oklahoma can receive the health care they need struction of flu vaccine production fa- Center for the Advancement of Science and deserve. As a senior myself, I ap- cilities. and Technology, St. Anthony’s Heart preciate how imperative it is that we As a result of my sister’s death from Hospital, the Hillcrest Healthcare Sys- seniors be provided with a wide array cancer and a treatment we learned tem, and the Morton Health Center. of choices. about not accessible in the United As a long supporter of HSAs, I be- My desire to see my fellow Oklaho- States that might have saved her life, lieve all people should have access to mans and all Americans receive the Senator SAM BROWNBACK and I intro- them since they provide great flexi- best possible health care is evidenced duced the Access, Compassion, Care bility in the health market and allow by my involvement in various health- and Ethics for Seriously-ill Patients individuals to have control over their related issues. I have always been a Act, ACCESS, in the 109th Congress. own health care. Medicare MSAs have champion of rural health care pro- This bill offered a three-tiered approval existed since January 1, 1997, revised in viders. In 1997, I was one of the few Re- system for treatments showing efficacy December of 2003, but they have not publicans to vote against the Balanced during clinical trials, for use by the se- worked. No insurer whatsoever has yet Budget Act because of its lack of sup- riously ill patient population. Seri- offered any Medicare MSA under the port for rural hospitals. At that time, I ously ill patients, who have exhausted current law. To fix this problem, my made a commitment to not allow our all alternatives and are seeking new legislation creates a new HSA program rural hospitals to be closed and am treatment options, would be offered ac- under Medicare that incorporates a pleased we finally addressed that im- cess to these treatments with the con- high deductible health plan and an portant issue in the Medicare Mod- sent of their physician. I was pleased to HSA account while dissolving the ex- ernization Act of 2003 by providing learn that the Food and Drug Adminis- isting Medicare MSA. great benefits for rural health care pro- tration has announced a proposal to viders as well as a voluntary prescrip- offer expanded access to drugs to ter- In tandem with my efforts, the Cen- tion drug benefit to seniors. In 2003, I minally ill patients. ters for Medicare and Medicaid Service, also co-sponsored the Health Care Ac- My resolution to designate April 8, CMS, are launching an HSA dem- cess and Rural Equity Act, to protect 2006, as ‘‘National Cushing’s Syndrome onstration project that would test al- and preserve access of Medicare bene- Awareness Day’’ was passed by unani- lowing health insurance companies to ficiaries to health care in rural regions. mous consent in the 109th Congress. offer Medicare beneficiaries products In order to assist my State and other The intent of this resolution is to raise similar to HSA. This activity points to States suffering from large reduction awareness of Cushing’s Syndrome, a de- the Administration’s support of HSAs in their Federal Medical Assistance bilitating disorder that affects an esti- and desire to see all seniors receive the Percentage, FMAP for Medicaid, I in- mated 10 to 15 people per million. It is best possible coverage. troduced a bill in the 109th Congress to an endocrine or hormonal disorder As the July 13, 2006 edition of The apply a State’s FMAP from fiscal year caused by prolonged exposure of the Hill, explains, ‘‘no legislation is pend- 2005 to fiscal years 2006 through 2014. body’s tissue to high levels of the hor- ing that would integrate HSAs into the The purpose of this legislation is to mone cortisol. Medicare program . . .’’ Thus, my prevent drastic reductions in FMAP It was brought to my attention legislation is necessary because real while revision of the formula itself is thanks to a staffer with Celiac Disease Medicare HSA reform is needed in considered. and an Oklahoma Celiac Support Group order for seniors to have true flexi- I am a strong advocate of medical li- that there is a great need to raise bility and freedom of choice in their ability reform and have consistently awareness of celiac disease; therefore, I health care. been an original cosponsor of the Med- worked to get my resolution passed by Under my bill, beneficiaries who ical Care Access Protection Act and unanimous consent to designate Sep- choose the HSA option will receive an the Healthy Mothers and Healthy Ba- tember 13, 2006 as National Celiac Dis- annual amount that is equal to 95 per- bies Access to Care Act. These bills ease Awareness Day. Celiac disease is cent of the annual Medicare Advan- protect patients’ access to quality and an autoimmune disorder and a mal- tage, MA, capitation rate with respect affordable health care by reducing the absorption disease that affects an esti- to the individual’s MA payment area. effects of excessive liability costs. I am mated 2.2 million Americans. Celiac These funds provided through the committed to this vital reform that disease is, essentially, intolerance to Medicare HSA program can only be would alleviate the burden placed on gluten, a protein found in wheat, rye, used by the beneficiary for the fol- physicians and patients by excessive oats and barley, as well as some medi- lowing purposes: as a contribution into medical malpractice lawsuits. cines and vitamins. an HSA or for payment of high deduct- I have also worked with officials Additionally, I have consistently co- ible health plan premiums. However, from the Centers for Medicare and sponsored yearly resolutions desig- the individual also has the opportunity Medicaid Services, CMS to expand ac- nating a day in October as ‘‘National to deposit personal funds in to the cess to life-saving Implantable Cardiac Mammography Day’’ and a week in Au- Medicare HSA.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00166 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S167 My bill also guarantees that seniors Some levy income taxes, some use By Mrs. HUTCHISON (for herself, be notified of the amount they will re- sales taxes, and others use a combina- Mr. CORNYN, Mr. BUNNING, Mr. ceive 90 days before receipt to ensure tion of the two. The citizens who pay ENSIGN, Mr. HAGEL, Mr. MAR- they have time to determine the best State and local income taxes have been TINEZ, Mr. VITTER, Mr. and most appropriate HSA to accom- able to offset some of their federal in- CHAMBLISS, Mr. STEVENS, and modate needs. The bill also allows the come taxes by receiving a deduction Mr. BROWNBACK): Secretary of Health and Human Serv- for those State and local income taxes. S. 181. A bill to provide permanent ices to deal with fraud appropriately Before 1986, taxpayers also had the tax relief from the marriage penalty; and requires providers to accept pay- ability to deduct their sales taxes. to the Committee on Finance. ment by individuals enrolled in a Medi- The philosophy behind these deduc- Mrs. HUTCHISON. Mr. President, I care HSA just as they would with an tions is simple: people should not have am pleased to introduce a bill to pro- individual enrolled in traditional Medi- to pay taxes on their taxes. The money vide permanent tax relief from the that people must give to one level of care. marriage penalty—the most egregious, Government should not also be taxed Please join me in supporting this im- anti-family provision that has been in portant legislation to give our seniors by another level of Government. Unfortunately, citizens of some the tax code. One of my highest prior- more choices regarding their health ities in the United States Senate has care. States were treated differently after 1986 when the deduction for State and been to relieve American taxpayers of this punitive burden. By Mr. INHOFE: local sales taxes was eliminated. This We have made important strides to S. 174. A bill to amend the Head Start discriminated against those living in eliminate this unfair tax and provide Act to require parental consent for States, such as my home State of marriage penalty relief by raising the nonemergency intrusive physical ex- Texas, with no income taxes. It is im- standard deduction and enlarging the aminations; to the Committee on portant to remember the lack of an in- 15 percent tax bracket for married Health, Education, Labor, and Pen- come tax does not mean citizens in joint filers to twice that of single fil- sions. these States do not pay State taxes; ers. Before these provisions were Mr. INHOFE. Mr. President, I intro- revenues are simply collected dif- changed, 44 million married couples, duce legislation requiring parental ferently. including 2.4 million Texas families, consent for intrusive physical exams It is unfair to give citizens from some paid an average penalty of $1,480. administered under the Head Start pro- States a deduction for the revenue they gram. provide their State and local govern- Enacting marriage penalty relief was Young children attending Head Start ments, while not doing the same for a giant step for tax fairness, but it may programs should not be subjected to citizens from other States. Federal tax be fleeting. Even as married couples these intrusive physical exams without law should not treat people differently use the money they now save to put the prior knowledge or consent of their on the basis of State residence and dif- food on the table and clothes on their parents. While the Department of fering tax collection methods, and it children, a tax increase looms in the Health and Human Services has admin- should not provide an incentive for future. Since the 2001 tax relief bill was istered general exam guidelines to States to establish income taxes over restricted, the marriage penalty provi- sales taxes. agencies, the U.S. Code is not clear sions will only be in effect through This discrepancy had a significant about prohibiting them without paren- 2010. In 2011, marriage will again be a impact on Texas. According to the taxable event and 43 percent of married tal consent. To clarify the Code, my Texas Comptroller, the sales tax deduc- bill will not allow any non-emergency couples will again pay more in taxes tion saves a family of four $310 a year, unless we act decisively. Given the intrusive exam by a Head Start agency or a total of about $1 billion each year without parental consent. This would challenges many families face in mak- for the State’s residents who itemize ing ends meet, we must make sure we not include exams such as hearing, vi- deductions. The ability of taxpayers to sion or scoliosis screenings. do not backtrack on this important re- deduct their sales taxes will lead to the form. This issue was brought to my atten- creation of more than 16,500 new jobs tion by some of my constituents from The benefits of marriage are well es- and the addition of $920 million in tablished, yet, without marriage pen- Tulsa, OK, who felt their rights were State economic activity. violated when their children were sub- alty relief, the tax code provides a sig- Recognizing the inequity in the tax nificant disincentive for people to walk jected to genital exams and blood tests code, Congress reinstated the sales tax down the aisle. Marriage is a funda- without their consent. I am pleased to deduction in 2004 and authorized it for mental institution in our society and see that the Rutherford Institute has two years. Last year, we extended the should not be discouraged by the IRS. taken an interest in this crucial issue sales tax deduction for an additional Children living in a married household and are representing my constituents. two years. As a result of our efforts, are far less likely to live in poverty or As a father and grandfather, I believe the 55 million of us in the eight States to suffer from child abuse. Research in- it is vital for parents to be informed with a sales tax but no income tax are dicates these children are also less about what is happening to their chil- no longer discriminated against in the likely to be depressed or have develop- dren in the classroom. I hope that my tax code. Unfortunately, the deduction mental problems. Scourges such as ad- colleagues will join me in support of is only in effect through 2007, and we this important bill. must act to prevent the inequity from olescent drug use are less common in returning. married families, and married mothers By Mrs. HUTCHISON (for herself, The legislation I am offering today are less likely to be victims of domes- Mr. CORNYN, Mr. ALEXANDER, will fix this problem for good by mak- tic violence. Mr. ENSIGN, Mr. ENZI, Mr. MAR- ing the State and local sales tax deduc- We should celebrate marriage, not TINEZ, Mr. THUNE, and Mr. STE- tion permanent. This will permanently penalize it. The bill I am offering VENS): end the discrimination suffered by my would make marriage penalty relief S. 180. A bill to provide a permanent fellow Texans and citizens of other permanent, because marriage should deduction for State and local general States who do not have the option of not be a taxable event. I call on the sales taxes; to the Committee on Fi- an income tax deduction. Senate to finish the job we started and nance. This legislation is about reestab- make marriage penalty relief perma- Mrs. HUTCHISON. Mr. President, I lishing equity to the tax code and de- nent today. am pleased to introduce a bill to per- fending the important principle of manently correct an injustice in the eliminating taxes on taxes. Last year, By Mrs. FEINSTEIN (for herself, tax code that has harmed citizens in the Senate voted 75–25 to instruct con- Mrs. HUTCHISON, Mr. FEINGOLD, many States of this great Nation. ferees to make this deduction perma- Mr. LEAHY, Ms. SNOWE, Mr. State and local governments have nent. I hope my fellow Senators will KENNEDY, and Mr. DURBIN): various alternatives for raising rev- once again support this effort and pass S. 182. A bill to authorize the Attor- enue. this legislation. ney General to make grants to improve
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00167 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S168 CONGRESSIONAL RECORD — SENATE January 4, 2007 the ability of State and local govern- the abduction. And in many cases, the orchestrated the concealment of the ments to prevent the abduction of chil- child is told that the other parent is Nunez girls with help from other peo- dren by family members, and for other dead or did not really love them. ple. purposes; to the Committee on the Ju- For example, on Takeroot.org, a Luckily, police were able to track diciary. website devoted to the victims of fam- down the girls, and they were success- Mrs. FEINSTEIN. Mr. President, I ily abductions, a young lady named fully reunited with their father. That am pleased to join Senators HUTCHISON, Kelly told the story of how her parents success may have been due to the fact FEINGOLD, LEAHY, SNOWE, KENNEDY and were going through a bitter divorce that California has been the Nation’s DURBIN in reintroducing the ‘‘Family and custody battle when she was nine, leader in fighting family abduction. Abduction Prevention Act,’’ a bill to and her brother was six. Her dad picked help the thousands of children who are them up for a regular visit, but then In my State, we have a system that abducted by a family member each just kept on driving. places the responsibility for the inves- year. Kelly says, ‘‘If I close my eyes, I can tigation and resolution of family ab- We introduced this legislation last still see my mother waving goodbye as duction cases with the County District Congress, and it passed the Senate by we watched her from the rear window Attorney’s Office. Each California unanimous consent, but unfortunately, of our father’s truck. . . . Little did we County District Attorney’s Office has the bill was never taken up by the know that it would be close to a year an investigative unit that is focused on House. This is important and needed before we would see her again.’’ family abduction cases. These inves- legislation. Days later, Kelly started asking her tigators only handle family abduction Family abductions are the most com- father why they were continuing to cases and become experts in the proc- mon form of abduction, yet they re- drive—and why they were sleeping in ess. ceive little attention, and law enforce- the truck. After a while, her father fi- However, most States lack the train- ment agencies too often don’t treat nally broke his silence and screamed at ing and resources to effectively recover them as the serious crimes that they her that her mother had given him the children who are kidnapped by a family are—too often dismissing the serious- children because she didn’t love them member. According to a study con- ness of these cases as family disputes. and that they would just have to learn ducted by Plass, Finkelhor and The Family Abduction Prevention to deal with it. Hotaling, 62 percent of parents sur- Act of 2007 would provide grants to For the next eleven months, they veyed said they were ‘‘somewhat’’ or States for the costs associated with lived like fugitives on the run, often ‘‘very’’ dissatisfied with police han- family abduction prevention. Specifi- dirty and hungry, ‘‘with very little dling of their family abduction cases. cally, it would assist States with costs money and even less love,’’ according The ‘‘Family Abduction Prevention associated with the extradition of indi- to Kelly. ‘‘We left in the middle of the Act of 2007’’ would be an important viduals suspected of committing the night, never saying goodbye to friends first step in addressing this serious crime of family abduction, costs borne we may have made or people we met. I issue. by State and local law enforcement still see those people in my mind’s eye. agencies to investigate cases of miss- I miss them. . . . Mostly, I miss the I urge my colleagues to pass this im- ing children, training for local and child I was, the child I lost.’’ portant legislation, just as you did in State law enforcement agencies in re- The harm caused by these abductions the 109th Congress. sponding to family abductions, out- cannot easily be put into words. In reach and media campaigns to educate many family abduction cases, children By Mr. STEVENS: parents on the dangers of family abduc- are given new identities at an age when S. 183. A bill to require the establish- tions, and assistance to public schools they are still developing a sense of who ment of a corporate average fuel econ- to help with costs associated with they are. In extreme cases, the child’s omy standard for passenger auto- ‘‘flagging’’ school records. gender is masked to further avoid de- mobiles of 40 miles per gallon 2017, and Each year, over 200,000 children—78 tection. for other purpose; to the Committee on percent of all abductions in the United Abducting parents also often deprive Commerce, Science, and Transpor- States—are kidnapped by a family their children of education and much- tation. member, usually a non-custodial par- needed medical attention to avoid the Mr. STEVENS. Mr. President, the ent. risk of being tracked via school or bill that I introduce today features lan- More than half of the abducting par- medical records. guage that would remove the legal am- ents have a history of domestic vio- As the child adapts to a fugitive’s biguity that for years has inhibited the lence, substance abuse, or a criminal lifestyle, deception becomes an inte- Secretary of Transportation from rais- record. gral part of their life. The child is ing fuel economy standards for pas- Unfortunately, many State and local taught to fear those that one would senger cars, and the measure would law enforcement agencies frequently normally trust, such as police, doctors, mandate that a fuel economy standard treat these abductions as personal, teachers and counselors. Even after re- for passenger cars be set at 40 miles per family disputes. Approximately 70 per- covery, the child often has a difficult gallon by model year 2017. By providing cent of law enforcement agencies lack time growing into adulthood. written guidelines on responding to In some cases, the abducting parent authority to increase standards for family abduction and many are not in- leaves the child with strangers, or loca- passenger cars, and requiring a specific formed about the Federal laws avail- tions where their health, safety, and fuel economy standard target, this bill able to help in the search and recovery other basic needs may be extremely would provide consumers with fuel sav- of an abducted child. compromised. ings at the pump, limit the Nation’s Too often law enforcement assumes For example, in Lafayette, CA, two dependence on foreign oil, and signifi- that a child is not in grave danger if girls abducted by their mother ended cantly reduce greenhouse gas emis- the abductor is a family member. Un- up under the control of a convicted sions. fortunately, this is not always true, child molester. When Kelli Nunez ab- The bill would remove from the cur- and this assumption can endanger a sconded with her daughters, 6-year-old rent Corporate Average Fuel Economy child’s life. Research has shown that Anna and 4-year-old Emily, in viola- (CAFE) statute the requirement that the most common motive in family ab- tion of court custody orders, she drove the Secretary of Transportation sub- duction cases is revenge against the her daughters cross-country, and then mit to Congress any proposal to in- other parent—not love for the child. returned by plane to San Francisco, crease or decrease fuel economy stand- The effects of family abduction on where she handed the children to some- ards. This requirement has been children are often traumatic. Abducted one holding a coded sign at the airport. deemed unconstitutional by the U.S. children suffer from severe separation The person holding the sign belonged Supreme Court. This legal hurdle, cou- anxiety. To break emotional ties with to a helpful-sounding organization pled with years of Federal funding leg- the left-behind parent, some abductors called the California Family Law Cen- islation precluding the Secretary from will coach a child into falsely dis- ter—but the organization was actually reviewing CAFE, has prevented in- closing abuse by the other parent to led by Florencio Maning, a convicted creases in fuel economy in the domes- perpetuate their control during or after child molester. For six months, Maning tic passenger vehicle fleet.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00168 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S169 The Secretary recently completed a S. 183 ‘‘(3) NO ACROSS-THE-BOARD INCREASES.— dramatic reform of the fuel economy Be it enacted by the Senate and House of Rep- When the Secretary prescribes a standard, or standards for the light-truck fleet, and resentatives of the United States of America in prescribes an amendment under this section he might have made similar reforms to Congress assembled, that changes a standard, the standard may SECTION 1. SHORT TITLE; TABLE OF CONTENTS. not be expressed as a uniform percentage in- the passenger fleet but for the statu- crease from the fuel-economy performance of tory ambiguity of the current CAFE (a) SHORT TITLE.—This Act may be cited as the ‘‘Improved Passenger Automobile Fuel automobile classes or categories already statute. I applaud the Secretary for his Economy Act of 2007’’. achieved in a model year by a manufac- recent CAFE increases for light trucks, (b) TABLE OF CONTENTS.—The table of con- turer.’’; and I commend the administration for tents for this Act is as follows: (2) by inserting ‘‘motor vehicle safety, emissions,’’ in subsection (f) after ‘‘econ- its seven light truck CAFE increases in Sec. 1. Short title; table of contents. omy,’’; the last six years. But the time has TITLE I—40 MPG STANDARD BY 2017 come for the Secretary to increase fuel (3) by striking ‘‘energy.’’ in subsection (f) Sec. 101. Cafe standards for passenger auto- and inserting ‘‘energy and reduce its depend- economy standards for passenger cars mobiles. ence on oil for transportation.’’; as well. Sec. 102. Fuel economy standard credits. (4) by striking subsection (j) and inserting In 2000, the National Academy of Sec. 103. Authorization of appropriations. the following: Sec. 104. Effective date. Sciences (NAS) issued a report that ‘‘(j) NOTICE OF FINAL RULE.—Before taking TITLE II—MARKET—BASED INITIATIVES final action on a standard or an exemption concluded that the benefits resulting FOR GREENHOUSE GAS REDUCTION from a standard under this section, the Sec- from CAFE since its implementation in Sec. 201. Market-based initiatives. retary of Transportation shall notify the 1978 clearly warrant Government inter- Sec. 202. Implementing panel. Secretary of Energy and the Administrator vention to ensure fuel economy levels Sec. 203. Definitions. of the Environmental Protection Agency and beyond what may result from market TITLE I—40 MPG STANDARD BY 2017 provide them a reasonable time to comment forces alone. The NAS panel found that on the standard or exemption.’’; and SEC. 101. CAFE STANDARDS FOR PASSENGER (5) by adding at the end thereof the fol- CAFE has led to marked improvements AUTOMOBILES. lowing: VERAGE UEL CONOMY TANDARDS in reducing greenhouse gas emissions, (a) A F E S ‘‘(k) COSTS–BENEFITS.—The Secretary of fuel consumption, and dependence on FOR AUTOMOBILES.—Section 32902 of title 49, Transportation may not prescribe an average foreign oil. United States Code, is amended— fuel economy standard under this section (1) by striking subsections (b) and (c) and Mr. President, the United States im- that imposes marginal costs that exceed inserting the following: marginal benefits, as determined at the time ports almost 11 million barrels of crude ‘‘(b) PASSENGER AUTOMOBILES.— any change in the standard is promulgated.’’. oil every day, compared with only five ‘‘(1) IN GENERAL.—At least 18 months be- (b) EXEMPTION CRITERIA.—The first sen- million produced here at home. And fore the beginning of each model year, the tence of section 32904(b)(6)(B) of title 49, over two million imported barrels hail Secretary of Transportation shall prescribe United States Code, is amended— from the Persian Gulf region. The ter- by regulation average fuel economy stand- (1) by striking ‘‘exemption would result in rorist attacks waged on this country ards for passenger automobiles manufac- reduced’’ and inserting ‘‘manufacturer re- tured by a manufacturer in that model year. on September 11, 2001, and the ongoing questing the exemption will transfer’’; Each standard shall be the maximum fea- (2) by striking ‘‘in the United States’’ and turmoil in the Middle East has brought sible average fuel economy level that the inserting ‘‘from the United States’’; and into focus the need to reduce our de- Secretary decides the manufacturers can (3) by inserting ‘‘because of the grant of pendence on all foreign oil. The savings achieve in that model year. The Secretary the exemption’’ after ‘‘manufacturing’’. achieved by increasing fuel economy may prescribe separate standards for dif- (c) CONFORMING AMENDMENTS.— standards for the entire U.S. passenger ferent classes of passenger automobiles. (1) Section 32902 of title 49, United States vehicle fleet is essential if we are to in- ‘‘(2) MINIMUM STANDARD.—Except as pro- Code, is amended— crease our energy independence and na- vided in paragraph (3), in prescribing a (A) by striking ‘‘or (c)’’ in subsection (d)(1); standard under paragraph (1), the Secretary tional security. (B) by striking ‘‘(c),’’ in subsection (e)(2); shall ensure that no manufacturer’s standard (C) by striking ‘‘subsection (a) or (d)’’ each This bill also would require the Sec- for a particular model year is less than the place it appears in subsection (g)(1) and in- retary of Commerce to create a na- greater of— serting ‘‘subsection (a), (b), or (d)’’; tional registry system that, for the ‘‘(A) the standard in effect on the date of (D) by striking ‘‘(1) The’’ in subsection first time, would enable the auto- enactment of the Improved Passenger Auto- (g)(1) and inserting ‘‘The’’; mobile Fuel Economy Act of 2007; or mobile industry to trade fuel economy (E) by striking subsection (g)(2); and ‘‘(B) a standard established in accordance (F) by striking ‘‘(c),’’ in subsection (h) and credits with other industries that gen- with the requirement of section 104(c)(2) of inserting ‘‘(b),’’. erate greenhouse gas emissions. Par- that Act. (2) Section 32903 of such title is amended ticipation in the registry would be vol- ‘‘(3) 40 MILES PER GALLON STANDARD FOR by striking ‘‘section 32902(b)–(d)’’ each place untary, and any entity conducting MODEL YEAR 2017.—The Secretary shall pre- it appears and inserting ‘‘subsection (b) or business in the United States would be scribe an average fuel economy standard for (d) of section 32902’’. eligible to utilize the services of the passenger automobiles manufactured by a (3) Section 32904(a)(1)(B) of such title is registry. Therefore, automobile manu- manufacturer in model year 2017 of 40 miles amended by striking ‘‘section 32902(b)–(d)’’ per gallon. If the Secretary determines that facturers would be able to contribute and inserting ‘‘subsection (b) or (d) of section more than 1 manufacturer is not reasonably 32902’’. or purchase emissions credits with expected to achieve that standard, the Sec- (4) The first sentence of section 32909(b) of other industries that generate green- retary shall notify the Senate Committee on such title is amended to read ‘‘The petition house gases in order to achieve compli- Commerce, Science, and Transportation and must be filed not later than 59 days after the ance with CAFE and emissions stand- the House of Representatives Committee on regulation is prescribed.’’. ards. Energy and Commerce of that determina- (5) Section 32917(b)(1)(B) of such title is tion. amended by striking ‘‘or (c)’’. Mr. President, any change to fuel ‘‘(c) FLEXIBILITY OF AUTHORITY.— SEC. 102. FUEL ECONOMY STANDARD CREDITS. economy standards requires the careful ‘‘(1) IN GENERAL.—The authority of the (a) IN GENERAL.—Section 32903 of title 49, balance of many factors, including na- Secretary to prescribe by regulation average United States Code, is amended by striking tional security, consumer preference, fuel economy standards for automobiles the second sentence of subsection (a) and in- domestic employment, as well as the under this section includes the authority to serting ‘‘The credits— need for powerful and durable vehicles prescribe standards based on one or more ve- ‘‘(1) may be applied to any of the 3 model in rural America, including my home hicle attributes that relate to fuel economy, years immediately following the model year and to express the standards in the form of a State of Alaska. The amendment would for which the credits are earned; or mathematical function. The Secretary may ‘‘(2) transferred to the registry established provide the Secretary the authority to issue a regulation prescribing standards for under section 201 of the Improved Passenger balance these considerations, and to one or more model years. Automobile Fuel Economy Act of 2007.’’. make the appropriate and necessary ‘‘(2) REQUIRED LEAD-TIME.—When the Sec- (b) GREENHOUSE GAS CREDITS APPLIED TO fuel economy increases. I urge my col- retary prescribes an amendment to a stand- CAFE STANDARDS.—Section 32903 of title 49, leagues to support this legislation. ard under this section that makes an average United States Code, is amended by adding at fuel economy standard more stringent, the the end the following: There being no objection, the text of Secretary shall prescribe the amendment at ‘‘(g) GREENHOUSE GAS CREDITS.— the bill was ordered to be printed in least 18 months before the beginning of the ‘‘(1) IN GENERAL.—A manufacturer may the RECORD, as follows: model year to which the amendment applies. apply credits purchased through the registry
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00169 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S170 CONGRESSIONAL RECORD — SENATE January 4, 2007 established by section 201 of the Improved (5) to recruit more participants in the pro- (3) 1 expert in the field of greenhouse gas Passenger Automobile Fuel Economy Act of gram; and emissions reduction, certification, or trading 2007 toward any model year after model year (6) to help various entities in the nation es- from each of the following agencies— 2010 under subsection (d), subsection (e), or tablish emissions baselines. (A) the Department of Energy; both. (c) FUNCTIONS.—The national registry shall (B) the Environmental Protection Agency; ‘‘(2) LIMITATION.—A manufacturer may not carry out the following functions: (C) the Department of Agriculture; use credits purchased through the registry to (1) REFERRALS.—Provide referrals to ap- (D) the National Aeronautics and Space offset more than 10 percent of the fuel econ- proved providers for advice on— Administration; omy standard applicable to any model (A) designing programs to establish emis- (E) the Department of Commerce; and year.’’. sions baselines and to monitor and track (F) the Department of Transportation. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. greenhouse gas emissions; and (c) EXPERTS AND CONSULTANTS.—Any mem- There are authorized to be appropriated to (B) establishing emissions reduction goals ber of the panel may secure the services of the Secretary of Transportation such sums based on international best practices for spe- experts and consultants in accordance with as may be necessary to carry out this title cific industries and economic sectors. the provisions of section 3109 of title 5, and chapter 329 of title 49, United States (2) UNIFORM REPORTING FORMAT.—Adopt a United States Code, for greenhouse gas re- Code, as amended by this title. uniform format for reporting emissions base- duction, certification, and trading experts in SEC. 104. EFFECTIVE DATE. lines and reductions established through— the private and non-profit sectors and may (a) IN GENERAL.—Except as provided in (A) the Director of the National Institute also utilize any grant, contract, cooperative subsection (b), this title, and the amend- of Standards and Technology for greenhouse agreement, or other arrangement authorized ments made by this title, take effect on the gas baselines and reductions generally; and by law to carry out its activities under this date of enactment of this Act. (B) the Secretary of Transportation for subsection. (d) DUTIES.—The panel shall— (b) TRANSITION FOR PASSENGER AUTOMOBILE credits under section 32903 of title 49, United (1) implement and oversee the implementa- STANDARD.—Notwithstanding subsection (a), States Code. tion of this section; and except as provided in subsection (c)(2), (3) RECORD MAINTENANCE.—Maintain a (2) promulgate— until the effective date of a standard for pas- record of all emission baselines and reduc- (A) standards for certification of registries senger automobiles that is issued under the tions verified by qualified independent audi- and operation of certified registries; and authority of section 32902(b) of title 49, tors. United States Code, as amended by this Act, (B) standards for measurement, (4) ENCOURAGE PARTICIPATION.—Encourage verification, and recording of greenhouse gas the standard or standards in place for pas- organizations from various sectors to mon- senger automobiles under the authority of emissions and greenhouse gas emission re- itor emissions, establish baselines and reduc- section 32902 of that title, as that section ductions by certified registries; tion targets, and implement efficiency im- was in effect on the day before the date of (3) maintain, and make available to the provement and renewable energy programs enactment of this Act, shall remain in effect. public, a list of certified registries; and to achieve those targets. (c) RULEMAKING.— (4) issue rulemakings on standards for (5) PUBLIC AWARENESS.—Recognize, pub- (1) INITIATION OF RULEMAKING UNDER measuring, verifying, and recording green- licize, and promote participants that— AMENDED LAW.—Within 60 days after the date house gas emissions and greenhouse gas (A) commit to monitor their emissions and of enactment of this Act, the Secretary of emission reductions proposed to the panel by set reduction targets; Transportation shall initiate a rulemaking certified registries, through a standard proc- (B) establish emission baselines; and for passenger automobiles under section ess of issuing a proposed rule, taking public (C) report on the amount of progress made 32902(b) of title 49, United States Code, as comment for no less than 30 days, then final- on their annual emissions. amended by this Act. izing regulations to implement this act, (d) TRANSFER OF REDUCTIONS.—The reg- (2) AMENDMENT OF EXISTING STANDARD.— which will provide for recognizing new forms istry shall— Until the Secretary issues a final rule pursu- of acceptable greenhouse gas reduction cer- (1) allow for the transfer of ownership of ant to the rulemaking initiated in accord- tification procedures. any reductions realized in accordance with ance with paragraph (1), the Secretary shall (e) CERTIFICATION AND OPERATION STAND- the program; and amend the average fuel economy standard ARDS.—The standards promulgated by the prescribed pursuant to section 32092(b) of (2) require that the registry be notified of panel shall include— title 49, United States Code, with respect to any such transfer within 30 days after the (1) standards for ensuring that certified passenger automobiles in model years to transfer is effected. registries do not have any conflicts of inter- which the standard adopted by such final (e) FUTURE CONSIDERATIONS.—Any reduc- est, including standards that prohibit a cer- rule does not apply. tions achieved under this program shall be tified registry from— credited against any future mandatory (A) owning greenhouse gas emission reduc- TITLE II—MARKET-BASED INITIATIVES greenhouse gas reductions required by the FOR GREENHOUSE GAS REDUCTION tions recorded in any certified registry; or government. Final approval of the amount (B) receiving compensation in the form of SEC. 201. MARKET-BASED INITIATIVES. and value of credits shall be determined by (a) ESTABLISHMENT OF REGISTRY FOR VOL- a commission where sources receive money the agency responsible for the implementa- for the total number of tons certified; UNTARY TRADING SYSTEMS.—The Secretary of tion of the mandatory greenhouse gas emis- Commerce shall establish a national registry (2) standards for authorizing certified reg- sion reduction program, except that credits istries to enter into agreements with for- system for greenhouse gas trading among in- under section 32903 of title 49, United States dustry under which emission reductions from profit persons engaged in trading of green- Code, shall be determined by the Secretary house gas emission reductions, subject to the applicable baseline are assigned unique of Transportation. The Secretary of Com- identifying numerical codes by the registry. paragraph (1); and merce shall by rule establish an appeals Participation in the registry is voluntary. (3) such other standards for certification of process, that may incorporate an arbitration Any entity conducting business in the registries and operation of certified reg- option, for resolving any dispute arising out United States may register its emission re- istries as the panel determines to be appro- of such a determination made by that agen- sults, including emissions generated outside priate. of the United States, on an entity-wide basis cy. (f) MEASUREMENT, VERIFICATION, AND RE- with the registry, and may utilize the serv- (f) CAFE STANDARDS CREDITS.—The Sec- CORDING STANDARDS.—The standards promul- ices of the registry. retary of Transportation shall work with the gated by the panel shall provide for, in the (b) PURPOSES.—The purposes of the na- Secretary of Commerce and the imple- case of certified registries— tional registry are— menting panel established by section 202 to (1) ensuring that certified registries accu- (1) to encourage voluntary actions to re- determine the equivalency of credits earned rately measure, verify, and record green- duce greenhouse gas emissions and increase under section 32903 of title 49, United States house gas emissions and greenhouse gas energy efficiency, including increasing the Code, for inclusion in the registry. The Sec- emission reductions, taking into account— fuel economy of passenger automobiles and retary shall by rule establish an appeals (A) boundary issues such as leakage and light trucks and reducing the reliance by process, that may incorporate an arbitration shifted utilization; and United States markets on petroleum pro- option, for resolving any dispute arising out (B) such other factors as the panel deter- duced outside the United States used to pro- of such a determination. mines to be appropriate; vide vehicular fuel; SEC. 202. IMPLEMENTING PANEL. (2) ensuring that— (2) to enable participating entities to (a) ESTABLISHMENT.—There is established (A) certified registries do not double-count record voluntary greenhouse gas emissions within the Department of Commerce an im- greenhouse gas emission reductions; and reductions; in a consistent format that is plementing panel. (B) if greenhouse gas emission reductions supported by third party verification; (b) COMPOSITION.—The panel shall consist are recorded in more than 1 certified reg- (3) to encourage participants involved in of— istry, such double-recording is clearly indi- existing partnerships to be able to trade (1) the Secretary of Commerce or the Sec- cated; emissions reductions among partnerships; retary’s designee, who shall serve as Chair- (3) determining the ownership of green- (4) to further recognize, publicize, and pro- person; house gas emission reductions and recording mote registrants making voluntary and (2) the Secretary of Transportation or the and tracking the transfer of greenhouse gas mandatory reductions; Secretary’s designee; and emission reductions among entities (such as
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00170 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S171 through assignment of serial numbers to (4) GREENHOUSE GAS EMISSIONS.—The term The time has come for us to address greenhouse gas emission reductions); ‘‘greenhouse gas emissions’’ means the quan- these vulnerabilities and risks in a (4) measuring the results of the use of car- tity of greenhouse gases emitted by a source comprehensive and coordinated way bon sequestration and carbon recapture tech- during a period, measured in tons of green- that ensures that in the rush to protect nologies; house gases. (5) measuring greenhouse gas emission re- (5) GREENHOUSE GAS EMISSION REDUCTION.— one mode of transportation we don’t ductions resulting from improvements in— The term ‘‘greenhouse gas emission reduc- shift vulnerability towards other, less (A) power plants; tion’’ means a quantity equal to the dif- secure, transportation modes. (B) automobiles (including types of pas- ference between— The STARS Act combines the rail, senger automobiles and light trucks, as de- (A) the greenhouse gas emissions of a truck, bus, pipeline and hazardous ma- fined in section 32901(a)(16) and (17) respec- source during a period; and terials security provisions that were tively, produced in the same model year); (B) the greenhouse gas emissions of the included in the Senate-passed SAFE (C) carbon re-capture, storage and seques- source during a baseline period of the same Port Act into a stand-alone bill, which tration, including organic sequestration and duration as determined by registries and en- the Commerce Committee will soon manufactured emissions injection, and or tities defined as owners of emission sources. storage. (6) KYOTO PROTOCOL.—The term ‘‘Kyoto consider. These provisions were en- (D) other sources; protocol’’ means the Kyoto Protocol to the dorsed unanimously by the Senate dur- (6) measuring prevented greenhouse gas United Nations Framework Convention on ing consideration of the SAFE Port emissions through the rulemaking process Climate Change (including the Montreal Pro- Act, and the House of Representatives and based on the latest scientific data, sam- tocol to the Convention on Substances that overwhelmingly voted to instruct its pling, expert analysis related to measure- Deplete the Ozone Layer). conferees to include these provisions in ment and projections for prevented green- (7) PANEL.—The term ‘‘panel’’ means the the Conference Report—advice the house gas emissions in tons including— implementing panel established by section House leadership declined to accept. (A) organic soil carbon sequestration prac- 202(a). tices; (8) REGISTRANT.—The term ‘‘registrant’’ Additionally, the rail security portion (B) forest preservation and re-forestation means a private person that operates a data- of this package has already passed the activities which adequately address the base recording quantified and verified green- Senate twice in prior Congresses and issues of permanence, leakage and house gas emissions and emissions reduc- has been endorsed by railroads and rail verification; and tions of sources owned by other entities. labor alike. This kind of support dem- (7) such other measurement, verification, (9) SOURCE.—The term ‘‘source’’ means a onstrates both the necessity of these and recording standards as the panel deter- source of greenhouse gas emissions. improvements and the distinct possi- mines to be appropriate. bility that we can finally enact these (g) CERTIFICATION OF REGISTRIES.—Except By Mr. INOUYE (for himself, Mr. as provided in subsection (h), a registrant STEVENS, Mr. LAUTENBERG, Ms. provisions into law this Congress. The legislation that we introduce that desires to be a certified registry shall SNOWE, Mr. ROCKEFELLER, Mr. today reflects the Commerce Commit- submit to the panel an application that— KERRY, Mr. LIEBERMAN. Mrs. (1) demonstrates that the registrant meets tee’s substantial expertise over the BOXER, Mr. PRYOR, Mr. CARPER, each of the certification standards estab- issues of transportation security. The Mr. BIDEN, Mr. BAUCUS, Mrs. lished by the panel under subsections (d) and time has come to advance these im- (e); and CLINTON, and Mr. SCHUMER): S. 184. A bill to provide improved rail provements, and protect the vital sur- (2) meets such other requirements as the face transportation assets that grant panel may establish. and surface transportation security; to us the quality of life and economic (h) AUTOMOBILE INDUSTRY.—The Secretary the Committee on Commerce, Science, of Transportation is deemed to be the cer- and Transportation. health that we all cherish. Our legisla- tified registrant for credits earned under sec- Mr. INOUYE. Mr. President, last year tion presents an opportunity to make tion 32903 of title 49, United States Code. we made significant improvements to immediate progress on transportation (i) ANNUAL REPORT.—Within 1 year after the Nation’s transportation security security, and it is my sincere hope that the date after the date of enactment of this system by enacting the SAFE Port my colleagues will join me in sup- Act and biennially thereafter, the panel shall Act, which strengthened the security porting consideration and passage of report to the Congress on the status of the of our Nation’s ports and maritime ves- this measure as soon as possible. program established under this section. The I ask unanimous consent that the bill report shall include an assessment of the sels. Yet, during the conference on this level of participation in the program and important bill, the Congress failed to be printed in the RECORD. amount of progress being made on emission seize the opportunity to enact com- There being no objection, the text of reduction targets. prehensive transportation security leg- the bill was ordered to be printed in SEC. 203. DEFINITIONS. islation that would have provided real the RECORD, as follows: In this title: homeland security for our entire trans- S. 184 (1) GREENHOUSE GAS.—The term ‘‘green- portation system. The Senate-passed Be it enacted by the Senate and House of Rep- house gas’’ includes— version of the SAFE Port Act con- resentatives of the United States of America in (A) carbon dioxide; tained essential provisions that would Congress assembled, (B) methane; have strengthened security in all of the SECTION 1. SHORT TITLE. (C) hydro fluorocarbons; This Act may be cited as the ‘‘Surface (D) perfluorocarbons; surface modes of transportation, in- Transportation and Rail Security Act of (E) nitrous oxide; and cluding passenger and freight rail, pub- 2007’’. (F) sulfur hexafluoride. lic transit, trucking, intercity bus and SEC. 2. TABLE OF CONTENTS. (2) BASELINE.—The term ‘‘baseline’’ pipelines. But jurisdictional infighting The table of contents for this Act is as fol- means— and a lack of political will kept the lows: (A) the greenhouse gas emissions, deter- leadership of the House of Representa- Sec. 1. Short title. mined on an entity-wide basis for the par- tives from agreeing to, or even at- Sec. 2. Table of contents. ticipant’s most recent previous 3-year an- tempting to consider, these provisions TITLE I—IMPROVED RAIL SECURITY nual average of greenhouse gas emissions in conference. Sec. 101. Rail transportation security risk prior to the date of enactment of this Act; or Given the urgent need for surface (B) if data is unavailable for that 3-year pe- assessment. Sec. 102. Systemwide amtrak security up- riod, the greenhouse gas emissions as of Sep- transportation security improvements, grades. tember 30, 2004, (or as close to that date as Cochairman STEVENS and I are intro- ducing the Surface Transportation and Sec. 103. Fire and life-safety improvements. such emission levels can reasonably be deter- Sec. 104. Freight and passenger rail security mined). In promulgating regulations under Rail Security Act of 2007, or STARS upgrades. this title, the panel shall take into account Act, to once again offer the Congress Sec. 105. Rail security research and develop- greenhouse gas emission reductions or off- an opportunity to enact a comprehen- ment. setting actions taken by any entity before sive transportation security bill. We Sec. 106. Oversight and grant procedures. the date on which the registry is established. have all seen the possible consequences Sec. 107. Amtrak plan to assist families of (3) CERTIFIED REGISTRY.—The term ‘‘cer- of an attack on critical surface trans- passengers involved in rail pas- tified registry’’ means a registry that has senger accidents. been certified by the panel as meeting the portation systems in Madrid and Lon- Sec. 108. Northern border rail passenger re- standards promulgated under section 202(e) don. We have all heard about possible port. and (f) and, for the automobile industry, the threats and foiled plots aimed at our Sec. 109. Rail worker security training pro- Secretary of Transportation. rail tunnels and stations here at home. gram.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00171 Fmt 0624 Sfmt 0655 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S172 CONGRESSIONAL RECORD — SENATE January 4, 2007 Sec. 110. Whistleblower protection program. (B) deploying equipment to detect explo- (1) to secure major tunnel access points Sec. 111. High hazard material security sives and hazardous chemical, biological, and and ensure tunnel integrity in New York, threat mitigation plans. radioactive substances, and any appropriate Baltimore, and Washington, DC; Sec. 112. Memorandum of agreement. countermeasures; (2) to secure Amtrak trains; Sec. 113. Rail security enhancements. (C) training appropriate railroad or rail- (3) to secure Amtrak stations; Sec. 114. Public awareness. road shipper employees in terrorism preven- (4) to obtain a watch list identification Sec. 115. Railroad high hazard material tion, passenger evacuation, and response ac- system approved by the Secretary; tracking. tivities; (5) to obtain train tracking and interoper- Sec. 116. Authorization of appropriations. (D) conducting public outreach campaigns able communications systems that are co- TITLE II—IMPROVED MOTOR CARRIER, BUS, on passenger railroads; ordinated to the maximum extent possible; AND HAZARDOUS MATERIAL SECURITY (E) deploying surveillance equipment; and (6) to hire additional police and security Sec. 201. Hazardous materials highway rout- (F) identifying the immediate and long- officers, including canine units; ing. term costs of measures that may be required (7) to expand emergency preparedness ef- Sec. 202. Motor carrier high hazard material to address those risks. forts; and tracking. (3) PLANS.—The report required by sub- (8) for employee security training. Sec. 203. Hazardous materials security in- section (c) shall include— (b) CONDITIONS.—The Secretary of Trans- spections and enforcement. (A) a plan, developed in consultation with portation shall disburse funds to Amtrak Sec. 204. Truck security assessment. the freight and intercity passenger railroads, provided under subsection (a) for projects Sec. 205. National public sector response and State and local governments, for the contained in a systemwide security plan ap- system. Federal government to provide increased se- Sec. 206. Over-the-road bus security assist- proved by the Secretary of Homeland Secu- curity support at high or severe threat levels rity. The plan shall include appropriate ance. of alert; Sec. 207. Pipeline security and incident re- measures to address security awareness, (B) a plan for coordinating existing and emergency response, and passenger evacu- covery plan. planned rail security initiatives undertaken Sec. 208. Pipeline security inspections and ation training. by the public and private sectors; and enforcement. (c) EQUITABLE GEOGRAPHIC ALLOCATION.— Sec. 209. Technical corrections. (C) a contingency plan, developed in con- The Secretary shall ensure that, subject to Sec. 210. Certain personnel limitations not junction with freight and intercity and com- meeting the highest security needs on Am- to apply. muter passenger railroads, to ensure the con- trak’s entire system and consistent with the tinued movement of freight and passengers TITLE I—IMPROVED RAIL SECURITY risk assessment required under section 101, in the event of an attack affecting the rail- stations and facilities located outside of the SEC. 101. RAIL TRANSPORTATION SECURITY RISK road system, which shall contemplate— Northeast Corridor receive an equitable ASSESSMENT. (i) the possibility of rerouting traffic due (a) IN GENERAL.— share of the security funds authorized by to the loss of critical infrastructure, such as this section. (1) VULNERABILITY AND RISK ASSESSMENT.— a bridge, tunnel, yard, or station; and The Secretary of Homeland Security shall (d) AVAILABILITY OF FUNDS.—Out of funds (ii) methods of continuing railroad service appropriated pursuant to section 114(u) of establish a task force, including the Trans- in the Northeast Corridor in the event of a portation Security Administration, the De- title 49, United States Code, as amended by commercial power loss, or catastrophe af- section 116 of this Act,, there shall be made partment of Transportation, and other ap- fecting a critical bridge, tunnel, yard, or sta- propriate agencies, to complete a vulner- available to the Secretary of Homeland Se- tion. curity and the Assistant Secretary of Home- ability and risk assessment of freight and (b) CONSULTATION; USE OF EXISTING RE- land Security (Transportation Security Ad- passenger rail transportation (encompassing SOURCES.—In carrying out the assessment ministration) to carry out this section— railroads, as that term is defined in section and developing the recommendations and 20102(1) of title 49, United States Code). The plans required by subsection (a), the Sec- (1) $63,500,000 for fiscal year 2008; assessment shall include— retary of Homeland Security shall consult (2) $30,000,000 for fiscal year 2009; and (A) a methodology for conducting the risk with rail management, rail labor, owners or (3) $30,000,000 for fiscal year 2010. assessment, including timelines, that ad- lessors of rail cars used to transport haz- Amounts appropriated pursuant to this sub- dresses how the Department of Homeland Se- ardous materials, first responders, shippers section shall remain available until ex- curity will work with the entities describe in of hazardous materials, public safety offi- pended. subsection (b) and make use of existing Fed- cials, and other relevant parties. SEC. 103. FIRE AND LIFE-SAFETY IMPROVE- eral expertise within the Department of (c) REPORT.— MENTS. Homeland Security, the Department of (1) CONTENTS.—Within 180 days after the (a) LIFE-SAFETY NEEDS.—The Secretary of Transportation, and other appropriate agen- date of enactment of this Act, the Secretary Transportation, in consultation with the cies; shall transmit to the Senate Committee on Secretary of Homeland Security, is author- (B) identification and evaluation of critical Commerce, Science, and Transportation, the ized to make grants to Amtrak for the pur- assets and infrastructures; House of Representatives Committee on pose of making fire and life-safety improve- (C) identification of vulnerabilities and Transportation and Infrastructure, and the ments to Amtrak tunnels on the Northeast risks to those assets and infrastructures; House of Representatives Committee on Corridor in New York, NY, Baltimore, MD, (D) identification of vulnerabilities and Homeland Security a report containing the and Washington, DC. risks that are specific to the transportation assessment, prioritized recommendations, (b) AUTHORIZATION OF APPROPRIATIONS.— of hazardous materials via railroad; and plans required by subsection (a) and an Out of funds appropriated pursuant to sec- (E) identification of security weaknesses in estimate of the cost to implement such rec- tion 116(b) of this Act, there shall be made passenger and cargo security, transportation ommendations. available to the Secretary of Transportation infrastructure, protection systems, proce- (2) FORMAT.—The Secretary may submit for the purposes of carrying out subsection dural policies, communications systems, em- the report in both classified and redacted (a) the following amounts: ployee training, emergency response plan- formats if the Secretary determines that (1) For the 6 New York tunnels to provide ning, and any other area identified by the as- such action is appropriate or necessary. ventilation, electrical, and fire safety tech- sessment; and (d) ANNUAL UPDATES.—The Secretary, in nology upgrades, emergency communication (F) an account of actions taken or planned consultation with the Secretary of Transpor- and lighting systems, and emergency access by both public and private entities to ad- tation, shall update the assessment and rec- and egress for passengers— ommendations each year and transmit a re- dress identified rail security issues and as- (A) $100,000,000 for fiscal year 2008; port, which may be submitted in both classi- sess the effective integration of such actions. (B) $100,000,000 for fiscal year 2009; fied and redacted formats, to the Commit- (2) RECOMMENDATIONS.—Based on the as- (C) $100,000,000 for fiscal year 2010; and tees named in subsection (c)(1), containing sessment conducted under paragraph (1), the (D) $100,000,000 for fiscal year 2011. the updated assessment and recommenda- Secretary, in consultation with the Sec- tions. (2) For the Baltimore & Potomac tunnel retary of Transportation, shall develop (e) FUNDING.—Out of funds appropriated and the Union tunnel, together, to provide prioritized recommendations for improving pursuant to section 114(u) of title 49, United adequate drainage, ventilation, communica- rail security, including any recommenda- States Code, as amended by section 116 of tion, lighting, and passenger egress up- tions the Secretary has for— this Act, there shall be made available to the grades— (A) improving the security of rail tunnels, Secretary of Homeland Security to carry out (A) $10,000,000 for fiscal year 2008; rail bridges, rail switching and car storage this section $5,000,000 for fiscal year 2008. (B) $10,000,000 for fiscal year 2009; areas, other rail infrastructure and facilities, SEC. 102. SYSTEMWIDE AMTRAK SECURITY UP- (C) $10,000,000 for fiscal year 2010; and information systems, and other areas identi- GRADES. (D) $10,000,000 for fiscal year 2011. fied by the Secretary as posing significant (a) IN GENERAL.—Subject to subsection (c) (3) For the Washington, DC, Union Station rail-related risks to public safety and the the Secretary of Homeland Security, in con- tunnels to improve ventilation, communica- movement of interstate commerce, taking sultation with the Assistant Secretary of tion, lighting, and passenger egress up- into account the impact that any proposed Homeland Security (Transportation Security grades— security measure might have on the provi- Administration), is authorized to make (A) $8,000,000 for fiscal year 2008; sion of rail service; grants to Amtrak— (B) $8,000,000 for fiscal year 2009;
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00172 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S173 (C) $8,000,000 for fiscal year 2010; and shippers, owners of rail cars used in the (3) $100,000,000 for fiscal year 2010 (D) $8,000,000 for fiscal year 2011. transportation of hazardous materials, uni- Amounts made available pursuant to this (c) INFRASTRUCTURE UPGRADES.—Out of versities, colleges and research centers, subsection shall remain available until ex- funds appropriated pursuant to section 116(b) State and local governments (for rail pas- pended. of this Act, there shall be made available to senger facilities and infrastructure not (g) HIGH HAZARD MATERIALS DEFINED.—In the Secretary of Transportation for fiscal owned by Amtrak), and, through the Sec- this section, the term ‘‘high hazard mate- year 2008 $3,000,000 for the preliminary design retary of Transportation, to Amtrak, for full rials’’ means quantities of poison inhalation of options for a new tunnel on a different or partial reimbursement of costs incurred in hazard materials, Class 2.3 gases, Class 6.1 alignment to augment the capacity of the the conduct of activities to prevent or re- materials, and anhydrous ammonia that the existing Baltimore tunnels. spond to acts of terrorism, sabotage, or other Secretary, in consultation with the Sec- (d) AVAILABILITY OF APPROPRIATED intercity passenger rail and freight rail secu- retary of Transportation, determines pose a FUNDS.—Amounts made available pursuant rity vulnerabilities and risks identified security risk. to this section shall remain available until under section 101, including— SEC. 105. RAIL SECURITY RESEARCH AND DEVEL- expended. (1) security and redundancy for critical OPMENT. (e) PLANS REQUIRED.—The Secretary of communications, computer, and train con- (a) ESTABLISHMENT OF RESEARCH AND DE- Transportation may not make amounts trol systems essential for secure rail oper- VELOPMENT PROGRAM.—The Secretary of available to Amtrak for obligation or ex- ations; Homeland Security, through the Under Sec- penditure under subsection (a)— (2) accommodation of rail cargo or pas- retary for Science and Technology and the (1) until Amtrak has submitted to the Sec- senger screening equipment at the United Assistant Secretary of Homeland Security retary, and the Secretary has approved, an States-Mexico border, the United States- (Transportation Security Administration), engineering and financial plan for such Canada border, or other ports of entry; in consultation with the Secretary of Trans- projects; and (3) the security of hazardous material portation shall carry out a research and de- (2) unless, for each project funded pursuant transportation by rail; velopment program for the purpose of im- to this section, the Secretary has approved a (4) secure intercity passenger rail stations, proving freight and intercity passenger rail project management plan prepared by Am- trains, and infrastructure; security that may include research and de- trak addressing appropriate project budget, (5) structural modification or replacement velopment projects to— construction schedule, recipient staff organi- of rail cars transporting high hazard mate- (1) reduce the vulnerability of passenger zation, document control and record keep- rials to improve their resistance to acts of trains, stations, and equipment to explosives ing, change order procedure, quality control terrorism; and hazardous chemical, biological, and ra- dioactive substances; and assurance, periodic plan updates, and (6) employee security awareness, prepared- (2) test new emergency response techniques periodic status reports. ness, passenger evacuation, and emergency and technologies; (f) REVIEW OF PLANS.—The Secretary of response training; (3) develop improved freight technologies, Transportation shall complete the review of (7) public security awareness campaigns for including— the plans required by paragraphs (1) and (2) passenger train operations; (A) technologies for sealing rail cars; of subsection (e) and approve or disapprove (8) the sharing of intelligence and informa- (B) automatic inspection of rail cars; the plans within 45 days after the date on tion about security threats; (C) communication-based train controls; which each such plan is submitted by Am- (9) to obtain train tracking and interoper- and trak. If the Secretary determines that a plan able communications systems that are co- is incomplete or deficient, the Secretary (D) emergency response training; ordinated to the maximum extent possible; (4) test wayside detectors that can detect shall notify Amtrak of the incomplete items (10) to hire additional police and security or deficiencies and Amtrak shall, within 30 tampering with railroad equipment; officers, including canine units; and (5) support enhanced security for the trans- days after receiving the Secretary’s notifica- (11) other improvements recommended by tion, submit a modified plan for the Sec- portation of hazardous materials by rail, in- the report required by section 101, including cluding— retary’s review. Within 15 days after receiv- infrastructure, facilities, and equipment up- ing additional information on items pre- (A) technologies to detect a breach in a grades. tank car or other rail car used to transport viously included in the plan, and within 45 (b) ACCOUNTABILITY.—The Secretary shall hazardous materials and transmit informa- days after receiving items newly included in adopt necessary procedures, including au- tion about the integrity of cars to the train a modified plan, the Secretary shall either dits, to ensure that grants made under this crew or dispatcher; approve the modified plan, or, if the Sec- section are expended in accordance with the (B) research to improve tank car integrity, retary finds the plan is still incomplete or purposes of this title and the priorities and with a focus on tank cars that carry high deficient, the Secretary shall identify in other criteria developed by the Secretary. hazard materials (as defined in section 104(g) writing to the Senate Committee on Com- (c) ALLOCATION.—The Secretary shall dis- of this Act); and merce, Science, and Transportation, the tribute the funds authorized by this section (C) techniques to transfer hazardous mate- House of Representatives Committee on based on risk and vulnerability as deter- rials from rail cars that are damaged or oth- Transportation and Infrastructure, and the mined under section 101, and shall encourage erwise represent an unreasonable risk to House of Representatives Committee on non-Federal financial participation in human life or public safety; and Homeland Security the portions of the plan awarding grants. With respect to grants for (6) other projects that address the Secretary finds incomplete or deficient, intercity passenger rail security, the Sec- vulnerabilities and risks identified under approve all other portions of the plan, obli- retary shall also take into account passenger section 101. gate the funds associated with those other volume and whether a station is used by (b) COORDINATION WITH OTHER RESEARCH portions, and execute an agreement with commuter rail passengers as well as inter- INITIATIVES.—The Secretary of Homeland Se- Amtrak within 15 days thereafter on a proc- city rail passengers. curity shall ensure that the research and de- ess for resolving the remaining portions of (d) CONDITIONS.—The Secretary of Trans- velopment program authorized by this sec- the plan. portation may not disburse funds to Amtrak tion is coordinated with other research and (g) FINANCIAL CONTRIBUTION FROM OTHER under subsection (a) unless Amtrak meets development initiatives at the Department TUNNEL USERS.—The Secretary shall, taking the conditions set forth in section 102(b) of of Homeland Security and the Department of into account the need for the timely comple- this Act. Transportation. The Secretary shall carry tion of all portions of the tunnel projects de- (e) ALLOCATION BETWEEN RAILROADS AND out any research and development project scribed in subsection (a)— OTHERS.—Unless as a result of the assess- authorized by this section through a reim- (1) consider the extent to which rail car- ment required by section 101 the Secretary of bursable agreement with the Secretary of riers other than Amtrak use or plan to use Homeland Security determines that critical Transportation, if the Secretary of Transpor- the tunnels; rail transportation security needs require re- tation— (2) consider the feasibility of seeking a fi- imbursement in greater amounts to any eli- (1) is already sponsoring a research and de- nancial contribution from those other rail gible entity, no grants under this section velopment project in a similar area; or carriers toward the costs of the projects; and may be made— (2) has a unique facility or capability that (3) obtain financial contributions or com- (1) in excess of $45,000,000 to Amtrak; or would be useful in carrying out the project. mitments from such other rail carriers at (2) in excess of $80,000,000 for the purposes (c) GRANTS AND ACCOUNTABILITY.—To carry levels reflecting the extent of their use or described in paragraphs (3) and (5) of sub- out the research and development program, planned use of the tunnels, if feasible. section (a). the Secretary may award grants to the enti- SEC. 104. FREIGHT AND PASSENGER RAIL SECU- (f) AUTHORIZATION OF APPROPRIATIONS.— ties described in section 104(a) and shall RITY UPGRADES. Out of funds appropriated pursuant to sec- adopt necessary procedures, including au- (a) SECURITY IMPROVEMENT GRANTS.—The tion 114(u) of title 49, United States Code, as dits, to ensure that grants made under this Secretary of Homeland Security, through amended by section 116 of this Act,, there section are expended in accordance with the the Assistant Secretary of Homeland Secu- shall be made available to the Secretary of purposes of this title and the priorities and rity (Transportation Security Administra- Homeland Security to carry out this sec- other criteria developed by the Secretary. tion) and other appropriate agencies, is au- tion— (d) AUTHORIZATION OF APPROPRIATIONS.— thorized to make grants to freight railroads, (1) $100,000,000 for fiscal year 2008; Out of funds appropriated pursuant to sec- the Alaska Railroad, hazardous materials (2) $100,000,000 for fiscal year 2009; and tion 114(u) of title 49, United States Code, as
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00173 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S174 CONGRESSIONAL RECORD — SENATE January 4, 2007 amended by section 116 of this Act,, there passenger as soon as Amtrak has verified between the United States and Canada as shall be made available to the Secretary of that the passenger was aboard the train outlined in ‘‘The Agreement on Air Trans- Homeland Security to carry out this sec- (whether or not the names of all of the pas- port Preclearance between the Government tion— sengers have been verified). of Canada and the Government of the United (1) $33,000,000 for fiscal year 2008; ‘‘(5) A process by which the family of each States of America’’, dated January 18, 2001; (2) $33,000,000 for fiscal year 2009; and passenger will be consulted about the dis- (3) an assessment of the current program (3) $33,000,000 for fiscal year 2010. position of all remains and personal effects to provide preclearance of freight railroad Amounts made available pursuant to this of the passenger within Amtrak’s control; traffic between the United States and Can- subsection shall remain available until ex- that any possession of the passenger within ada as outlined in the ‘‘Declaration of Prin- pended. Amtrak’s control will be returned to the ciple for the Improved Security of Rail Ship- SEC. 106. OVERSIGHT AND GRANT PROCEDURES. family unless the possession is needed for the ments by Canadian National Railway and (a) SECRETARIAL OVERSIGHT.—The Sec- accident investigation or any criminal inves- Canadian Pacific Railway from Canada to retary of Homeland Security may use up to tigation; and that any unclaimed possession the United States’’, dated April 2, 2003; 0.5 percent of amounts made available for of a passenger within Amtrak’s control will (4) information on progress by the Depart- capital projects under this Act to enter into be retained by the rail passenger carrier for ment of Homeland Security and other Fed- contracts for the review of proposed capital at least 18 months. eral agencies towards finalizing a bilateral projects and related program management ‘‘(6) A process by which the treatment of protocol with Canada that would provide for plans and to oversee construction of such the families of nonrevenue passengers will be preclearance of passengers on trains oper- projects. the same as the treatment of the families of ating between the United States and Canada; (b) USE OF FUNDS.—The Secretary may use revenue passengers. (5) a description of legislative, regulatory, amounts available under subsection (a) of ‘‘(7) An assurance that Amtrak will pro- budgetary, or policy barriers within the this subsection to make contracts to audit vide adequate training to its employees and United States Government to providing pre- and review the safety, procurement, manage- agents to meet the needs of survivors and screened passenger lists for rail passengers ment, and financial compliance of a recipi- family members following an accident. traveling between the United States and ent of amounts under this title. ‘‘(c) USE OF INFORMATION.—The National Canada to the Department of Homeland Se- (c) PROCEDURES FOR GRANT AWARD.—The Transportation Safety Board, the Secretary curity; Secretary shall, within 90 days after the date of Transportation, and Amtrak may not re- (6) a description of the position of the Gov- of enactment of this Act, prescribe proce- lease any personal information on a list ob- ernment of Canada and relevant Canadian dures and schedules for the awarding of tained under subsection (b)(1) but may pro- agencies with respect to preclearance of such grants under this title, including application vide information on the list about a pas- passengers; and qualification procedures (including a re- senger to the family of the passenger to the (7) a draft of any changes in existing Fed- quirement that the applicant have a security extent that the Board or Amtrak considers eral law necessary to provide for pre-screen- plan), and a record of decision on applicant appropriate. ing of such passengers and providing pre- eligibility. The procedures shall include the ‘‘(d) LIMITATION ON LIABILITY.—Amtrak screened passenger lists to the Department execution of a grant agreement between the shall not be liable for damages in any action of Homeland Security; and grant recipient and the Secretary and shall brought in a Federal or State court arising (8) an analysis of the feasibility of rein- be consistent, to the extent practicable, with out of the performance of Amtrak in pre- the grant procedures established under sec- stating in-transit inspections onboard inter- paring or providing a passenger list, or in national Amtrak trains. tion 70107 of title 46, United States Code. providing information concerning a train SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF reservation, pursuant to a plan submitted by SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM. PASSENGERS INVOLVED IN RAIL Amtrak under subsection (b), unless such li- PASSENGER ACCIDENTS. ability was caused by Amtrak’s conduct. (a) IN GENERAL.—Not later than 180 days (a) IN GENERAL.—Chapter 243 of title 49, ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- after the date of enactment of this Act, the United States Code, is amended by adding at TION.—Nothing in this section may be con- Secretary of Homeland Security and the Sec- the end the following: strued as limiting the actions that Amtrak retary of Transportation, in consultation ‘‘§ 24316. Plans to address needs of families of may take, or the obligations that Amtrak with appropriate law enforcement, security, passengers involved in rail passenger acci- may have, in providing assistance to the and terrorism experts, representatives of dents families of passengers involved in a rail pas- railroad carriers, and nonprofit employee or- ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 senger accident. ganizations that represent rail workers, months after the date of the enactment of ‘‘(f) FUNDING.—Out of funds appropriated shall develop and issue detailed guidance for the Surface Transportation and Rail Secu- pursuant to section 116(b) of the Surface a rail worker security training program to rity Act of 2007, Amtrak shall submit to the Transportation and Rail Security Act of prepare front-line workers for potential Chairman of the National Transportation 2007, there shall be made available to the threat conditions. The guidance shall take Safety Board, the Secretary of Transpor- Secretary of Transportation for the use of into consideration any current security tation, and the Secretary of Homeland Secu- Amtrak $500,000 for fiscal year 2007 to carry training requirements or best practices. rity a plan for addressing the needs of the out this section. Amounts made available (b) PROGRAM ELEMENTS.—The guidance de- families of passengers involved in any rail pursuant to this subsection shall remain veloped under subsection (a) shall include passenger accident involving an Amtrak available until expended.’’. elements, as appropriate to passenger and intercity train and resulting in a loss of life. (b) CONFORMING AMENDMENT.—The chapter freight rail service, that address the fol- ‘‘(b) CONTENTS OF PLANS.—The plan to be analysis for chapter 243 of title 49, United lowing: submitted by Amtrak under subsection (a) States Code, is amended by adding at the end (1) Determination of the seriousness of any shall include, at a minimum, the following: the following: occurrence. ‘‘(1) A process by which Amtrak will main- ‘‘24316. Plan to assist families of passengers (2) Crew communication and coordination. tain and provide to the National Transpor- involved in rail passenger acci- (3) Appropriate responses to defend or pro- tation Safety Board and the Secretary of dents.’’. tect oneself. Transportation, immediately upon request, a SEC. 108. NORTHERN BORDER RAIL PASSENGER (4) Use of protective devices. list (which is based on the best available in- REPORT. (5) Evacuation procedures. formation at the time of the request) of the Within 180 days after the date of enact- (6) Psychology of terrorists to cope with names of the passengers aboard the train ment of this Act, the Secretary of Homeland hijacker behavior and passenger responses. (whether or not such names have been Security, in consultation with the Assistant (7) Situational training exercises regarding verified), and will periodically update the Secretary of Homeland Security (Transpor- various threat conditions. list. The plan shall include a procedure, with tation Security Administration), the Sec- (8) Any other subject the Secretary con- respect to unreserved trains and passengers retary of Transportation, heads of other ap- siders appropriate. not holding reservations on other trains, for propriate Federal departments, and agencies (c) RAILROAD CARRIER PROGRAMS.—Not Amtrak to use reasonable efforts to ascer- and the National Railroad Passenger Cor- later than 90 days after the Secretary of tain the number and names of passengers poration, shall transmit a report to the Sen- Homeland Security issues guidance under aboard a train involved in an accident. ate Committee on Commerce, Science, and subsection (a) in final form, each railroad ‘‘(2) A plan for creating and publicizing a Transportation, the House of Representa- carrier shall develop a rail worker security reliable, toll-free telephone number within 4 tives Committee on Transportation and In- training program in accordance with that hours after such an accident occurs, and for frastructure, and the House of Representa- guidance and submit it to the Secretary for providing staff, to handle calls from the fam- tives Committee on Homeland Security that review. Not later than 30 days after receiving ilies of the passengers. contains— a railroad carrier’s program under this sub- ‘‘(3) A process for notifying the families of (1) a description of the current system for section, the Secretary shall review the pro- the passengers, before providing any public screening passengers and baggage on pas- gram and transmit comments to the railroad notice of the names of the passengers, by senger rail service between the United States carrier concerning any revisions the Sec- suitably trained individuals. and Canada; retary considers necessary for the program ‘‘(4) A process for providing the notice de- (2) an assessment of the current program to meet the guidance requirements. A rail- scribed in paragraph (2) to the family of a to provide preclearance of airline passengers road carrier shall respond to the Secretary’s
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comments within 30 days after receiving ‘‘(c) PROCEDURAL REQUIREMENTS.—Except the Secretary’s comments within 30 days them. as provided in subsection (b), the procedure after receiving them. Each rail carrier shall (d) TRAINING.—Not later than 1 year after set forth in section 42121(b)(2)(B) of this sub- update and resubmit its plan for review not the Secretary reviews the training program title, including the burdens of proof, applies less than every 2 years. developed by a railroad carrier under this to any complaint brought under this section. (d) DEFINITIONS.—In this section: section, the railroad carrier shall complete ‘‘(d) ELECTION OF REMEDIES.—An employee (1) The term ‘‘high-consequence target’’ the training of all front-line workers in ac- of a railroad carrier may not seek protection means a building, buildings, infrastructure, cordance with that program. The Secretary under both this section and another provi- public space, or natural resource designated shall review implementation of the training sion of law for the same allegedly unlawful by the Secretary of Homeland Security that program of a representative sample of rail- act of the carrier. is viable terrorist target of national signifi- road carriers and report to the Senate Com- ‘‘(e) DISCLOSURE OF IDENTITY.— cance, the attack of which could result in— mittee on Commerce, Science, and Transpor- ‘‘(1) Except as provided in paragraph (2) of (A) catastrophic loss of life; and tation, the House of Representatives Com- this subsection, or with the written consent (B) significantly damaged national secu- mittee on Transportation and Infrastruc- of the employee, the Secretary of Transpor- rity and defense capabilities; or ture, and the House of Representatives Com- tation may not disclose the name of an em- (C) national economic harm. mittee on Homeland Security on the number ployee of a railroad carrier who has provided (2) The term ‘‘catastrophic impact zone’’ of reviews conducted and the results. The information about an alleged violation of means the area immediately adjacent to, Secretary may submit the report in both this section. under, or above an active railroad right-of- classified and redacted formats as necessary. ‘‘(2) The Secretary shall disclose to the At- way used to ship high hazard materials in (e) UPDATES.—The Secretary shall update torney General the name of an employee de- which the potential release or explosion of the training guidance issued under sub- scribed in paragraph (1) of this subsection if the high hazard material being transported section (a) as appropriate to reflect new or the matter is referred to the Attorney Gen- would likely cause— different security threats. Railroad carriers eral for enforcement.’’. (A) loss of life; or shall revise their programs accordingly and (b) CONFORMING AMENDMENT.—The chapter (B) significant damage to property or provide additional training to their front- analysis for chapter 201 of title 49, United structures. line workers within a reasonable time after States Code, is amended by inserting after (3) The term ‘‘rail carrier’’ has the mean- the guidance is updated. the item relating to section 20117 the fol- ing given that term by section 10102(5) of (f) FRONT-LINE WORKERS DEFINED.—In this lowing: title 49, United States Code. section, the term ‘‘front-line workers’’ means security personnel, dispatchers, train ‘‘20118. Whistleblower protection for rail se- SEC. 112. MEMORANDUM OF AGREEMENT. operators, other onboard employees, mainte- curity matters.’’. (a) MEMORANDUM OF AGREEMENT.—Similar to the public transportation security annex nance and maintenance support personnel, SEC. 111. HIGH HAZARD MATERIAL SECURITY bridge tenders, as well as other appropriate THREAT MITIGATION PLANS. between the two departments signed on Sep- tember 8, 2005, within 1 year after the date of employees of railroad carriers, as defined by (a) IN GENERAL.—The Secretary of Home- the Secretary. land Security, in consultation with the As- enactment of this Act, the Secretary of (g) OTHER EMPLOYEES.—The Secretary of sistant Secretary of Homeland Security Transportation and the Secretary of Home- Homeland Security shall issue guidance and (Transportation Security Administration) land Security shall execute and develop an best practices for a rail shipper employee se- and the Secretary of Transportation, shall annex to the memorandum of agreement be- curity program containing the elements list- require rail carriers transporting a high haz- tween the two departments signed on Sep- tember 28, 2004, governing the specific roles, ed under subsection (b) as appropriate. ard material, as defined in section 104(g) of delineations of responsibilities, resources SEC. 110. WHISTLEBLOWER PROTECTION PRO- this Act to develop a high hazard material and commitments of the Department of GRAM. security threat mitigation plan containing Transportation and the Department of (a) IN GENERAL.—Subchapter A of chapter appropriate measures, including alternative Homeland Security, respectively, in address- 201 of title 49, United States Code, is amend- routing and temporary shipment suspension ing railroad transportation security matters, ed by inserting after section 20117 the fol- options, to address assessed risks to high including the processes the departments will lowing: consequence targets. The plan, and any in- follow to promote communications, effi- ‘‘§ 20118. Whistleblower protection for rail se- formation submitted to the Secretary under ciency, and nonduplication of effort. curity matters this section shall be protected as sensitive (b) RAIL SAFETY REGULATIONS.—Section ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— security information under the regulations 20103(a) of title 49, United States Code, is No rail carrier engaged in interstate or for- prescribed under section 114(s) of title 49, amended by striking ‘‘safety’’ the first place eign commerce may discharge a railroad em- United States Code. it appears, and inserting ‘‘safety, including ployee or otherwise discriminate against a (b) IMPLEMENTATION.—A high hazard mate- security,’’. railroad employee because the employee (or rial security threat mitigation plan shall be SEC. 113. RAIL SECURITY ENHANCEMENTS. put into effect by a rail carrier for the ship- any person acting pursuant to a request of (a) RAIL POLICE OFFICERS.—Section 28101 of the employee)— ment of high hazardous materials by rail on title 49, United States Code, is amended— ‘‘(1) provided, caused to be provided, or is the rail carrier’s right-of-way when the (1) by inserting ‘‘(a) IN GENERAL.—’’ before about to provide or cause to be provided, to threat levels of the Homeland Security Advi- ‘‘Under’’; and the employer or the Federal Government in- sory System are high or severe and specific (2) by striking ‘‘the rail carrier’’ each place formation relating to a reasonably perceived intelligence of probable or imminent threat it appears and inserting ‘‘any rail carrier’’. threat, in good faith, to security; or exists towards— (b) REVIEW OF RAIL REGULATIONS.—Within ‘‘(2) provided, caused to be provided, or is (1) a high-consequence target that is with- 1 year after the date of enactment of this about to provide or cause to be provided, tes- in the catastrophic impact zone of a railroad Act, the Secretary of Transportation, in con- timony before Congress or at any Federal or right-of-way used to transport high haz- sultation with the Secretary of Homeland State proceeding regarding a reasonably per- ardous material; or Security and the Assistant Secretary of ceived threat, in good faith, to security; or (2) rail infrastructure or operations within Homeland Security (Transportation Security ‘‘(3) refused to violate or assist in the vio- the immediate vicinity of a high-con- Administration), shall review existing rail lation of any law, rule or regulation related sequence target. regulations of the Department of Transpor- to rail security. (c) COMPLETION AND REVIEW OF PLANS.— tation for the purpose of identifying areas in ‘‘(b) DISPUTE RESOLUTION.—A dispute, (1) PLANS REQUIRED.—Each rail carrier which those regulations need to be revised to grievance, or claim arising under this sec- shall— improve rail security. tion is subject to resolution under section 3 (A) submit a list of routes used to trans- SEC. 114. PUBLIC AWARENESS. of the Railway Labor Act (45 U.S.C. 153). In port high hazard materials to the Secretary Not later than 90 days after the date of en- a proceeding by the National Railroad Ad- of Homeland Security within 60 days after actment of this Act, the Secretary of Home- justment Board, a division or delegate of the the date of enactment of this Act; land Security, in consultation with the Sec- Board, or another board of adjustment estab- (B) develop and submit a high hazard mate- retary of Transportation, shall develop a na- lished under section 3 to resolve the dispute, rial security threat mitigation plan to the tional plan for public outreach and aware- grievance, or claim the proceeding shall be Secretary within 180 days after it receives ness. Such plan shall be designed to increase expedited and the dispute, grievance, or the notice of high consequence targets on awareness of measures that the general pub- claim shall be resolved not later than 180 such routes by the Secretary; and lic, railroad passengers, and railroad employ- days after it is filed. If the violation is a (C) submit any subsequent revisions to the ees can take to increase railroad system se- form of discrimination that does not involve plan to the Secretary within 30 days after curity. Such plan shall also provide outreach discharge, suspension, or another action af- making the revisions. to railroad carriers and their employees to fecting pay, and no other remedy is available (2) REVIEW AND UPDATES.—The Secretary, improve their awareness of available tech- under this subsection, the Board, division, with assistance of the Secretary of Transpor- nologies, ongoing research and development delegate, or other board of adjustment may tation, shall review the plans and transmit efforts, and available Federal funding award the employee reasonable damages, in- comments to the railroad carrier concerning sources to improve railroad security. Not cluding punitive damages, of not more than any revisions the Secretary considers nec- later than 9 months after the date of enact- $20,000. essary. A railroad carrier shall respond to ment of this Act, the Secretary of Homeland
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00175 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S176 CONGRESSIONAL RECORD — SENATE January 4, 2007 Security shall implement the plan developed dioactive and non-radioactive hazardous ma- ardous materials described in section 385.403 under this section. terials by motor carrier for the purpose of of that title if the Secretary determines, SEC. 115. RAILROAD HIGH HAZARD MATERIAL identifying measurable criteria for selecting under the assessment required in subsection TRACKING. routes based on safety and security concerns; (b), that such a requirement would enhance (a) WIRELESS COMMUNICATIONS.— (3) analyze current route-related hazardous the security and safety of the nation without (1) IN GENERAL.—In conjunction with the materials regulations in the United States, imposing unreasonable costs or burdens upon research and development program estab- Canada, and Mexico to identify cross-border motor carriers. lished under section 105 and consistent with differences and conflicting regulations; SEC. 202. MOTOR CARRIER HIGH HAZARD MATE- the results of research relating to wireless (4) document the concerns of the public, RIAL TRACKING. tracking technologies, the Secretary of motor carriers, and State, local, territorial, (a) WIRELESS COMMUNICATIONS— Homeland Security, in consultation with the and tribal governments about the highway (1) IN GENERAL.—Consistent with the find- Assistant Secretary of Homeland Security routing of hazardous materials for the pur- ings of the Transportation Security Admin- (Transportation Security Administration), pose of identifying and mitigating security istration’s Hazmat Truck Security Pilot shall develop a program that will encourage vulnerabilities associated with hazardous Program and within 6 months after the date the equipping of rail cars transporting high material routes; of enactment of this Act, the Secretary of hazard materials (as defined in section 104(g) (5) prepare guidance materials for State of- Homeland Security, through the Transpor- of this Act) with wireless terrestrial or sat- ficials to assist them in identifying and re- tation Security Administration and in con- ellite communications technology that pro- ducing both safety concerns and security sultation with the Secretary of Transpor- vides— vulnerabilities when designating highway tation, shall develop a program to encourage (A) car position location and tracking ca- routes for hazardous materials consistent the equipping of motor carriers transporting pabilities; with the 13 safety-based non-radioactive ma- high hazard materials in quantities equal to (B) notification of rail car depressuriza- terials routing criteria and radioactive ma- or greater than the quantities specified in tion, breach, or unsafe temperature; and terials routing criteria in Subpart C part 397 subpart 171.800 of title 49, Code of Federal (C) notification of hazardous material re- of title 49, Code of Federal Regulations; Regulations, with wireless communications lease. (6) develop a tool that will enable State of- technology that provides— (2) COORDINATION.—In developing the pro- ficials to examine potential routes for the (A) continuous communications; gram required by paragraph (1), the Sec- highway transportation of hazardous mate- (B) vehicle position location and tracking retary shall— rial and assess specific security capabilities; and (A) consult with the Secretary of Trans- vulnerabilities associated with each route (C) a feature that allows a driver of such portation to coordinate the program with and explore alternative mitigation measures; vehicles to broadcast an emergency message. any ongoing or planned efforts for rail car and (2) CONSIDERATIONS.—In developing the tracking at the Department of Transpor- (7) transmit to the Senate Committee on program required by paragraph (1), the Sec- tation; and Commerce, Science, and Transportation, and retary shall— (B) ensure that the program is consistent the House of Representatives Committee on (A) consult with the Secretary of Trans- with recommendations and findings of the Transportation and Infrastructure a report portation to coordinate the program with Department of Homeland Security’s haz- on the actions taken to fulfill paragraphs (1) any ongoing or planned efforts for motor car- ardous material tank rail car tracking pilot through (6) of this subsection and any rec- rier tracking at the Department of Transpor- programs. ommended changes to the routing require- tation; (b) FUNDING.—Out of funds appropriated ments for the highway transportation of haz- (B) take into consideration the rec- pursuant to section 114(u) of title 49, United ardous materials in part 397 of title 49, Code ommendations and findings of the report on States Code, as amended by section 116 of of Federal Regulations. the Hazardous Material Safety and Security this Act, there shall be made available to the (b) ROUTE PLANS.— Operation Field Test released by the Federal Secretary of Homeland Security to carry out (1) ASSESSMENT.—Within one year after the Motor Carrier Safety Administration on No- this section $3,000,000 for each of fiscal years date of enactment of this Act, the Secretary vember 11, 2004; 2008, 2009, and 2010. of Transportation shall complete an assess- (C) evaluate— ment of the safety and national security ben- SEC. 116. AUTHORIZATION OF APPROPRIATIONS. (i) any new information related to the cost efits achieved under existing requirements (a) TRANSPORTATION SECURITY ADMINISTRA- and benefits of deploying and utilizing truck for route plans, in written or electronic for- TION AUTHORIZATION.—Section 114 of title 49, tracking technology for motor carriers mat, for explosives and radioactive mate- United States Code, is amended by adding at transporting high hazard materials not in- rials. The assessment shall, at a minimum— the end thereof the following: cluded in the Hazardous Material Safety and (A) compare the percentage of Department ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— Security Operation Field Test Report re- of Transportation recordable incidents and There are authorized to be appropriated to leased by the Federal Motor Carrier Safety the severity of such incidents for shipments the Secretary of Homeland Security for rail Administration on November 11, 2004; of explosives and radioactive materials for security— (ii) the ability of truck tracking tech- which such route plans are required with the ‘‘(1) $228,000,000 for fiscal year 2008; nology to resist tampering and disabling; percentage of recordable incidents and the ‘‘(2) $183,000,000 for fiscal year 2009; and (iii) the capability of truck tracking tech- severity of such incidents for shipments of ‘‘(3) $183,000,000 for fiscal year 2010.’’. nology to collect, display, and store informa- explosives and radioactive materials not sub- (b) DEPARTMENT OF TRANSPORTATION.— tion regarding the movements of shipments There are authorized to be appropriated to ject to such route plans; and of high hazard materials by commercial the Secretary of Transportation to carry out (B) quantify the security and safety bene- motor vehicles; this title and sections 20118 and 24316 of title fits, feasibility, and costs of requiring each (iv) the appropriate range of contact inter- 49, United States Code, as added by this motor carrier that is required to have a haz- vals between the tracking technology and a Act— ardous material safety permit under part 385 commercial motor vehicle transporting high (1) $121,500,000 for fiscal year 2007; of title 49, Code of Federal Regulations, to hazard materials; and (2) $118,000,000 for fiscal year 2008; maintain, follow, and carry such a route plan (v) technology that allows the installation (3) $118,000,000 for fiscal year 2009; and that meets the requirements of section by a motor carrier of concealed electronic (4) $195,000,000 for fiscal year 2011. 397.101 of that title when transporting the devices on commercial motor vehicles that type and quantity of hazardous materials de- can be activated by law enforcement au- TITLE II—IMPROVED MOTOR CARRIER, scribed in section 385.403 of that title, taking thorities and alert emergency response re- BUS, AND HAZARDOUS MATERIAL SECU- into account the various segments of the sources to locate and recover security sen- RITY trucking industry, including tank truck, sitive material in the event of loss or theft of SEC. 201. HAZARDOUS MATERIALS HIGHWAY truckload and less than truckload carriers. such material. ROUTING. (2) REPORT.—Within one year after the (b) FUNDING.—There are authorized to be (a) ROUTE PLAN GUIDANCE.—Within one date of enactment of this Act, the Secretary appropriated to the Secretary of Homeland year after the date of enactment of this Act, of Transportation shall submit a report to Security to carry out this section $3,000,000 the Secretary of Transportation, in consulta- the Senate Committee on Commerce, for each of fiscal years 2008, 2009, and 2010. tion with the Secretary of Homeland Secu- Science, and Transportation, and the House SEC. 203. HAZARDOUS MATERIALS SECURITY IN- rity, shall— of Representatives Committee on Transpor- SPECTIONS AND ENFORCEMENT. (1) document existing and proposed routes tation and Infrastructure containing the (a) IN GENERAL.—The Secretary of Home- for the transportation of radioactive and findings and conclusions of the assessment. land Security shall establish a program non-radioactive hazardous materials by (c) REQUIREMENT.—The Secretary shall re- within the Transportation Security Adminis- motor carrier, and develop a framework for quire motor carriers that have a hazardous tration, in consultation with the Secretary using a Geographic Information System- material safety permit under part 385 of title of Transportation, for reviewing hazardous based approach to characterize routes in the 49, Code of Federal Regulations, to maintain, materials security plans required under part National Hazardous Materials Route Reg- follow, and carry a route plan, in written or 172, title 49, Code of Federal Regulations, istry; electronic format, that meets the require- within 180 days after the date of enactment (2) assess and characterize existing and ments of section 397.101 of that title when of this Act. In establishing the program, the proposed routes for the transportation of ra- transporting the type and quantity of haz- Secretary shall ensure that—
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In considering the devel- cluding— curity plans by the 2 departments; and opment of this system, they shall consult (1) constructing and modifying terminals, (2) a common set of standards is used to re- with law enforcement and public safety offi- garages, facilities, or over-the-road buses to view the security plans. cials, hazardous material shippers, motor assure their security; (b) CIVIL PENALTY.—The failure, by a ship- carriers, railroads, organizations rep- (2) protecting or isolating the driver; per, carrier, or other person subject to part resenting hazardous material employees, (3) acquiring, upgrading, installing, or op- 172 of title 49, Code of Federal Regulations, State transportation and hazardous mate- erating equipment, software, or accessorial to comply with any applicable section of rials officials, private for-profit and non- services for collection, storage, or exchange that part within 180 days after being notified profit emergency response organizations, and of passenger and driver information through by the Secretary of such failure to comply, is commercial motor vehicle and hazardous ticketing systems or otherwise, and informa- punishable by a civil penalty imposed by the material safety groups. Consideration of de- tion links with government agencies; Secretary under title 49, United States Code. velopment of the national public sector re- (4) training employees in recognizing and For purposes of this subsection, each day of sponse system shall be based upon the public responding to security threats, evacuation noncompliance after the 181st day following sector response center developed for the procedures, passenger screening procedures, the date on which the shipper, carrier, or Transportation Security Administration and baggage inspection; other person received notice of the failure hazardous material truck security pilot pro- (5) hiring and training security officers; shall constitute a separate failure. gram and hazardous material safety and se- (6) installing cameras and video surveil- (c) COMPLIANCE REVIEW.—In reviewing the curity operational field test undertaken by lance equipment on over-the-road buses and compliance of hazardous materials shippers, the Federal Motor Carrier Safety Adminis- at terminals, garages, and over-the-road bus carriers, or other persons subject to part 172 tration. facilities; of title 49, Code of Federal Regulations, with (b) CAPABILITY.—The national public sector (7) creating a program for employee identi- the provisions of that part, the Secretary response system to be considered shall be fication or background investigation; shall utilize risk assessment methodologies able to receive, as appropriate— (8) establishing and upgrading an emer- to prioritize review and enforcement actions (1) negative driver verification alerts; gency communications system linking oper- to the most vulnerable and critical haz- (2) out-of-route alerts; ational headquarters, over-the-road buses, ardous materials transportation operations. (3) driver panic or emergency alerts; and law enforcement, and emergency personnel; (d) TRANSPORTATION COSTS STUDY.—Within (4) tampering or release alerts. and 1 year after the date of enactment of this (c) CHARACTERISTICS.—The national public (9) implementing and operating passenger Act, the Secretary of Transportation, in con- sector response system to be considered screening programs at terminals and on junction with the Secretary of Homeland Se- shall— over-the-road buses. curity, shall study to what extent the insur- (1) be an exception-based system; (b) FEDERAL SHARE.—The Federal share of ance, security, and safety costs borne by (2) be integrated with other private and the cost for which any grant is made under railroad carriers, motor carriers, pipeline public sector operation reporting and re- this section shall be 80 percent. carriers, air carriers, and maritime carriers sponse systems and all Federal homeland se- (c) DUE CONSIDERATION.—In making grants associated with the transportation of haz- curity threat analysis systems or centers under this section, the Secretary shall give ardous materials are reflected in the rates (including the National Response Center); due consideration to private operators of paid by shippers of such commodities as and over-the-road buses that have taken meas- compared to the costs and rates respectively (3) provide users the ability to create rules ures to enhance bus transportation security for the transportation of non-hazardous ma- for alert notification messages. from those in effect before September 11, terials. (d) CARRIER PARTICIPATION.—The Secretary 2001, and shall prioritize grant funding based (e) FUNDING.—There are authorized to be of Homeland Security shall coordinate with on the magnitude and severity of the secu- appropriated to the Secretary of Homeland motor carriers and railroads transporting rity threat to bus passengers and the ability Security to carry out this section— high hazard materials, entities acting on of the funded project to reduce, or respond (1) $2,000,000 for fiscal year 2008; their behalf who receive communication to, that threat. (2) $2,000,000 for fiscal year 2009; and alerts from motor carriers or railroads, or (d) GRANT REQUIREMENTS.—A grant under (3) $2,000,000 for fiscal year 2010. other Federal agencies that receive security this section shall be subject to all the terms and emergency related notification regard- and conditions that a grant is subject to SEC. 204. TRUCK SECURITY ASSESSMENT. ing high hazard materials in transit to facili- under section 3038(f) of the Transportation Not later than 1 year after the date of en- tate the provisions of the information listed Equity Act for the 21st Century (49 U.S.C. actment of this Act, the Secretary of Trans- in subsection (b) to the national public sec- 5310 note; 112 Stat. 393). portation shall transmit to the Senate Com- tor response system to the extent possible if (e) PLAN REQUIREMENT.— mittee on Commerce, Science, and Transpor- the system is established. (1) IN GENERAL.—The Secretary may not tation, Senate Committee on Finance, the (e) DATA PRIVACY.—The national public make a grant under this section to a private House of Representatives Committee on sector response system shall be designed to operator of over-the-road buses until the op- Transportation and Infrastructure, the ensure appropriate protection of data and in- erator has first submitted to the Secretary— House of Representatives Committee on formation relating to motor carriers, rail- (A) a plan for making security improve- Homeland Security, and the House of Rep- roads, and employees. ments described in subsection (a) and the resentatives Committe on Ways and Means, (f) REPORT.—Not later than 180 days after Secretary has approved the plan; and a report on security issues related to the the date of enactment of this Act, the Sec- (B) such additional information as the Sec- trucking industry that includes— retary shall transmit to the Senate Com- retary may require to ensure accountability (1) an assessment of actions already taken mittee on Commerce, Science, and Transpor- for the obligation and expenditure of to address identified security issues by both tation, the House of Representatives Com- amounts made available to the operator public and private entities; mittee on Transportation and Infrastruc- under the grant. (2) an assessment of the economic impact ture, and the House of Representatives Com- (2) COORDINATION.—To the extent that an that security upgrades of trucks, truck mittee on Homeland Security a report on application for a grant under this section equipment, or truck facilities may have on whether to establish a national public sector proposes security improvements within a the trucking industry and its employees, in- response system and the estimated total specific terminal owned and operated by an cluding independent owner-operators; public and private sector costs to establish entity other than the applicant, the appli- (3) an assessment of ongoing research and and annually operate such a system, to- cant shall demonstrate to the satisfaction of the need for additional research on truck se- gether with any recommendations for gener- the Secretary that the applicant has coordi- curity; and ating private sector participation and invest- nated the security improvements for the ter- (4) an assessment of industry best practices ment in the development and operation of minal with that entity. to enhance security. such a system. (f) OVER-THE-ROAD BUS DEFINED.—In this SEC. 205. NATIONAL PUBLIC SECTOR RESPONSE (g) FUNDING.—There are authorized to be section, the term ‘‘over-the-road bus’’ means SYSTEM. appropriated to the Secretary of Homeland a bus characterized by an elevated passenger (a) DEVELOPMENT.—The Secretary of Security to carry out this section— deck located over a baggage compartment. Homeland Security, in conjunction with the (1) $1,000,000 for fiscal year 2008; (g) BUS SECURITY ASSESSMENT.— Secretary of Transportation, shall consider (2) $1,000,000 for fiscal year 2009; and (1) IN GENERAL.—Not later than 180 days the development of a national public sector (3) $1,000,000 for fiscal year 2010. after the date of enactment of this Act, the response system to receive security alerts, SEC. 206. OVER-THE-ROAD BUS SECURITY ASSIST- Secretary shall transmit to the Senate Com- emergency messages, and other information ANCE. mittee on Commerce, Science, and Transpor- used to track the transportation of high haz- (a) IN GENERAL.—The Secretary of Home- tation, the House of Representatives Com- ard materials which can provide accurate, land Security shall establish a program mittee on Transportation and Infrastruc- timely, and actionable information to appro- within the Transportation Security Adminis- ture, and the House of Representatives Com- priate first responder, law enforcement and tration for making grants to private opera- mittee on Homeland Security a preliminary public safety, and homeland security offi- tors of over-the-road buses or over-the-road report in accordance with the requirements cials, as appropriate, regarding accidents, bus terminal operators for system-wide secu- of this section.
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(2) CONTENTS OF PRELIMINARY REPORT.—The retary of Transportation, interstate and (2) by redesignating subsection (h) as sub- preliminary report shall include— intrastate transmission and distribution section (i) and inserting the following after (A) an assessment of the over-the-road bus pipeline operators, pipeline labor, first re- subsection (g): security grant program; sponders, shippers of hazardous materials, ‘‘(h) RELATIONSHIP TO TRANSPORTATION SE- (B) an assessment of actions already taken State Departments of Transportation, public CURITY CARDS.—Upon application, a State to address identified security issues by both safety officials, and other relevant parties. shall issue to an individual a license to oper- public and private entities and recommenda- (d) REPORT.— ate a motor vehicle transporting in com- tions on whether additional safety and secu- (1) CONTENTS.—Not later than 1 year after merce a hazardous material without the se- rity enforcement actions are needed; the date of enactment of this Act, the Sec- curity assessment required by this section, (C) an assessment of whether additional retary of Homeland Security shall transmit provided the individual meets all other ap- legislation is needed to provide for the secu- to the Committee on Commerce, Science, plicable requirements for such a license, if rity of Americans traveling on over-the-road and Transportation of the Senate, the Com- the Secretary of Homeland Security has pre- buses; mittee on Homeland Security of the House of viously determined, under section 70105 of (D) an assessment of the economic impact Representatives, and the Committee on title 46, United States Code, that the indi- that security upgrades of buses and bus fa- Transportation and Infrastructure of the vidual does not pose a security risk.’’. cilities may have on the over-the-road bus House of Representatives a report containing SEC. 210. CERTAIN PERSONNEL LIMITATIONS transportation industry and its employees; the plan required by subsection (a), along NOT TO APPLY. (E) an assessment of ongoing research and with an estimate of the private and public Any statutory limitation on the number of the need for additional research on over-the- sector costs to implement any recommenda- employees in the Transportation Security road bus security, including engine shut-off tions. Administration of the Department of Trans- mechanisms, chemical and biological weapon (2) FORMAT.—The Secretary may submit portation, before or after its transfer to the detection technology, and the feasibility of the report in both classified and redacted Department of Homeland Security, does not compartmentalization of the driver; and formats if the Secretary determines that apply to the extent that any such employees (F) an assessment of industry best prac- such action is appropriate or necessary. are responsible for implementing the provi- tices to enhance security. SEC. 208. PIPELINE SECURITY INSPECTIONS AND sions of this Act. (3) CONSULTATION WITH INDUSTRY, LABOR, ENFORCEMENT. Mr. LAUTENBERG. Mr. President, AND OTHER GROUPS.—In carrying out this sec- (a) IN GENERAL.—Within 1 year after the over five years since 9/11, much of our tion, the Secretary shall consult with over- date of enactment of this Act the Secretary Nation’s transportation systems re- of Homeland Security, in consultation with the-road bus management and labor rep- main vulnerable to terror attack. resentatives, public safety and law enforce- the Secretary of Transportation, shall estab- lish a program for reviewing pipeline oper- There are many reasons for the lack of ment officials, and the National Academy of action by the Federal Government, but Sciences. ator adoption of recommendations in the (h) FUNDING.—There are authorized to be September, 5, 2002, Department of Transpor- we can no longer simply look the other appropriated to the Secretary of Homeland tation Research and Special Programs Ad- way. Last year, the Congress had an Security to carry out this section— ministration Pipeline Security Information opportunity to make significant strides (1) $12,000,000 for fiscal year 2008; Circular, including the review of pipeline se- to improve the security of our freight (2) $25,000,000 for fiscal year 2009; and curity plans and critical facility inspections. (b) REVIEW AND INSPECTION.—Within 9 and passenger rail systems, highways, (3) $25,000,000 for fiscal year 2010. months after the date of enactment of this public transit systems, trucking and Amounts made available pursuant to this intercity bus operations, and pipeline subsection shall remain available until ex- Act the Secretary shall complete a review of the pipeline security plan and an inspection pended. systems. The Senate passed my amend- of the critical facilities of the 100 most crit- ments and amendments by other Sen- SEC. 207. PIPELINE SECURITY AND INCIDENT RE- ical pipeline operators covered by the Sep- COVERY PLAN. ators to the SAFE Ports Act to address tember, 5, 2002, circular, where such facilities (a) IN GENERAL.—The Secretary of Home- the security of these important modes have not been inspected for security pur- land Security, in consultation with the Sec- poses since September 5, 2002, by either the of transportation. In fact, the House of retary of Transportation and the Pipeline Department of Homeland Security or the De- Representatives overwhelmingly voted and Hazardous Materials Safety Administra- partment of Transportation, as determined to instruct its conferees to include tion, and in accordance with the Memo- by the Secretary in consultation with the randum of Understanding Annex executed on these provisions in the final conference Secretary of Transportation. August 9, 2006, shall develop a Pipeline Secu- report of the SAFE Ports Act. (c) COMPLIANCE REVIEW METHODOLOGY.—In Unfortunately, House Republican rity and Incident Recovery Protocols Plan. reviewing pipeline operator compliance The plan shall include— under subsections (a) and (b), the Secretary leaders stripped them out of the final (1) a plan for the Federal Government to shall utilize risk assessment methodologies version of the bill behind closed doors, provide increased security support to the to prioritize vulnerabilities and to target in- instead enacting a ban on internet most critical interstate and intrastate nat- spection and enforcement actions to the gambling. The actions by the House ural gas and hazardous liquid transmission most vulnerable and critical pipeline assets. Republican leaders further delayed real pipeline infrastructure and operations as de- (d) REGULATIONS.—Within 1 year after the progress in securing our homeland termined under section 208— date of enactment of this Act, the Secretary (A) at high or severe security threat levels shall transmit to pipeline operators and the from terror. I believe the Federal Gov- of alert; and Secretary of Transportation security rec- ernment must take a leadership role in (B) when specific security threat informa- ommendations for natural gas and hazardous securing our country from terrorism. tion relating to such pipeline infrastructure liquid pipelines and pipeline facilities. If the States cannot on their own be left re- or operations exists; and Secretary of Homeland Security determines sponsible for securing these interstate (2) an incident recovery protocol plan, de- that regulations are appropriate, the Sec- modes of transportation. veloped in conjunction with interstate and retary shall promulgate such regulations and That is why I am proud to be an au- intrastate transmission and distribution carry out necessary inspection and enforce- thor of the Surface Transportation and pipeline operators and terminals and facili- ment actions. Any regulations should incor- ties operators connected to pipelines, to de- porate the guidance provided to pipeline op- Rail Security Act of 2007. I have velop protocols to ensure the continued erators by the September 5, 2002, Department worked with my committee co-chair- transportation of natural gas and hazardous of Transportation Research and Special Pro- men—Senator INOUYE and Senator STE- liquids to essential markets and for essential grams Administration’s Pipeline Security VENS—to ensure this bill gets quickly public health or national defense uses in the Information Circular and contain additional considered. Its provisions are not new event of an incident affecting the interstate requirements as necessary based upon the re- to anyone. They were considered, and and intrastate natural gas and hazardous liq- sults of the inspections performed under sub- agreed to, merely four months ago by section (b). The regulations shall include the uid transmission and distribution pipeline the Senate. I am hopeful that they will system, which shall include protocols for imposition of civil penalties for non-compli- granting access to pipeline operators for ance. again be quickly considered and adopt- pipeline infrastructure repair, replacement (e) FUNDING.—There are authorized to be ed. or bypass following an incident. appropriated to the Secretary of Homeland This bill specifically requires ac- (b) EXISTING PRIVATE AND PUBLIC SECTOR Security to carry out this section— countability from the Department of EFFORTS.—The plan shall take into account (1) $2,000,000 for fiscal year 2008; and Homeland Security, by ensuring that actions taken or planned by both private and (2) $2,000,000 for fiscal year 2009. our rail systems have been analyzed for public entities to address identified pipeline SEC. 209. TECHNICAL CORRECTIONS. security risk. It authorizes necessary (a) HAZMAT LICENSES.—Section 5103a of security issues and assess the effective inte- funding for making these security im- gration of such actions. title 49, United States Code, is amended— (c) CONSULTATION.—In developing the plan (1) by inserting ‘‘of Homeland Security’’ provements and specifically includes under subsection (a), the Secretary of Home- after ‘‘Secretary’’ each place it appears in $400 million for tunnel security im- land Security shall consult with the Sec- subsections (a)(1), (d)(1)(b), and (e); and provements in the New Jersey/New
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00178 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S179 York region. I will seek further Federal have either of those circumstances serve the constitutional right of habeas cor- funding for improving security of the present, as was conceded by the advo- pus for the approximately 450 individuals de- New Jersey/New York region’s tunnels cates of the legislation last year to tained at Guantanamo Bay. Because my amendment was not agreed to, by a narrow and bridges in additional legislation to take away the right of habeas corpus. vote of 48–51, the right to the writ of habeas be introduced this month, by working We have had Supreme Court deci- corpus was denied to those detainees. The with my colleagues on the appropriate sions which have made it plain that ha- privilege of the writ of habeas corpus has committees in the Senate. beas corpus is available to noncitizens therefore been suspended. Last month, the Bush Administra- and that habeas corpus applies to terri- On December 5, with my colleague Senator tion proposed certain improvements to tory controlled by the United States, Leahy, I introduced the ‘‘Habeas Corpus Res- toration Act of 2006’’ to restore the writ of our nation’s rail systems, but these specifically, including Guantanamo. habeas corpus and bring this country back proposals fell far short of what is need- More recently, however, we had a deci- into compliance with the United States Con- ed to secure our country. For instance, sion in the U.S. District Court for the stitution. After all, the United States Con- the Administration proposal fails to District of Columbia applying the ha- stitution is unambiguous in Article 1, Sec- take specific actions to improve the se- beas corpus jurisdiction stripping pro- tion 9, Clause 2, where it states: ‘‘The privi- curity of railroad stations, bridges, and vision of the Military Commissions lege of the Writ of Habeas Corpus shall not tunnels. More people use Amtrak’s Act, but I believe we will see the appel- be suspended, unless when in Cases of Rebel- lion or Invasion the public Safety may re- Penn Station in New York City than late courts strike down this legislative quire it.’’ Today, along with Senator Leahy, use all three major New Jersey-New provision. I am reintroducing this important legisla- York region airports, Newark Liberty The contention that the gravamen or tion. International, JFK, and LaGuardia air- the substance of habeas corpus is pro- The Habeas Corpus Restoration Act is very ports, every day. This bill takes a vided by the statutory review to the simple: It strikes the federal habeas corpus much more comprehensive approach, Circuit Court of the District of Colum- limitations imposed by the Military Com- by authorizing the funding needed to bia is fallacious on its face. All the missions Act and the Detainee Treatment Act. In so doing, the bill affords aliens de- make these important security im- statute does is allow for a review of the tained by the United States within its terri- provements. regularity of proceedings. In my pre- torial jurisdiction, including those detained Our Nation’s freight rail systems pared statement, I cite an example of at the Guantanamo Bay Naval Base, the move some 12 billion tons of cargo, but litigation before a federal district right to challenge their detention and mili- we are not doing enough to protect court, where a person charged with tary commission trial procedures by an ap- those systems. Some of this cargo in- consorting with al-Qaida asked: ‘‘What plication for writ of habeas corpus. It will cludes hazardous chemicals and other was the name of the person? He asked: ensure that the constitutional right of ha- beas corpus is afforded to all individuals de- dangerous materials which travel with- What was the name of the person I’m tained by the United States government. in feet of our schools, hospitals, neigh- supposed to have consorted with? And The Framers explicitly intended to extend borhoods, and snake right through the the Presiding Officer said: I don’t habeas protections to all, absent a case of re- middle of our cities. The potential for know, which, according to the opinion, bellion, invasion, or the interest of public disaster looms large, as the misuse of brought uproarious laughter from the safety. This principle was ratified by the Su- these shipments can produce an effect audience. Here a man is charged with preme Court in the case of Hamdi v. Rums- that a weapon of mass destruction consorting with al-Qaida, and they can- feld, where Justice O’Connor stated ‘‘[a]ll agree that absent suspension, the writ of ha- would on our communities. Clearly not even tell him the name of the per- beas corpus remains available to every indi- much more thought needs to be put son he is alleged to have consorted vidual detained within the United States.’’ into how we move this dangerous with. This protection extends to those detained cargo, and the Federal Government The hearing before the Judiciary in Guantanamo since it is a facility exclu- must be involved. The Bush Adminis- Committee, which I chaired, contained sively under the control of the United tration must agree with this assess- expansive, detailed evidence about the States. In Rasul v. Bush, the Supreme Court ment, as their proposal would strictly held that habeas corpus rights apply even to proceedings under the review provi- aliens held at Guantanamo Bay. One does forbid states or communities from act- sions in Guantanamo, which are gross- not need to be a United States citizen to be ing on their own to protect their resi- ly, totally insufficient. afforded basic constitutional habeas corpus dents from these risks. The New York Times had an exten- rights and the U.S. Constitution draws no I look forward to working with my sive article on this subject, starting on distinction between American citizens and colleagues to ensure that this impor- the front page, last Sunday, and con- aliens held in U.S. custody. tant legislation gets considered and en- tinuing on a full page on the back page Although some argue that Combatant Sta- acted soon. We cannot afford to delay tus Review Tribunals, commonly referred to about what is happening at Guanta- as ‘‘CSRTs,’’ are an adequate and effective any further these vital security im- namo. It is hard to see how in America, means to challenge detention in accordance provements to our country. or in a jurisdiction controlled by the with the Supreme Court’s decision in Swain United States, these proceedings could v. Pressley, I couldn’t disagree more. In my Mr. SPECTER (for himself and substitute for even rudimentary due view, CSRTs are a sham. We have learned a Mr. LEAHY): process of law. great deal about the cursory review provided S. 185. A bill to restore habeas corpus As I might add, the Habeas Corpus by these tribunals at Guantanamo Bay. They for those detained by the United operate with very little information. Some- Restoration Act was introduced in the body is picked up on the battlefield. There is States; to the Committee on the Judi- 109th Congress. I offered the bill on be- ciary. no record preserved as to what that indi- half of myself and Senator LEAHY. Con- vidual did. If there was a weapon involved, it Mr. SPECTER. Mr. President, I will sequently, we had this bill listed in the was collected and mixed in with many other introduce legislation denominated the 109th Congress as a Specter-Leahy bill, weapons. There is no chain of custody or Habeas Corpus Restoration Act. Last and with Senator LEAHY’s consent, it is even a record of what was seized. In sum, year, in the Military Commissions Act, denominated as the Specter-Leahy bill CSRTs are nothing more than a one-sided in- the constitutional right of habeas cor- again in the 110th Congress. terrogation by the military tribunal mem- bers. These proceedings simply do not com- pus was attempted to be abrogated. I Mr. President, I ask unanimous con- fought to pass an amendment to strike port with basic fairness because the individ- sent that my prepared text be printed uals detained do not have the right to know that provision of the Act which was in the Record. what evidence there is against them. As Jus- voted 51 to 48. I say ‘‘attempted to be There being no objection, the mate- tice O’Connor wrote in her plurality opinion abrogated’’ because, in my legal judg- rial was ordered to be printed in the in the Hamdi case, ‘‘[a]n interrogation by ment, that provision in the Act is un- RECORD, as follows: one’s captor, however effective an intel- constitutional. ligence-gathering tool, hardly constitutes a HABEAS CORPUS RESTORATION ACT OF 2007 It is hard to see how there can be leg- constitutionally adequate factfinding before islation to eliminate the constitutional Mr. SPECTER. Mr. President, I seek rec- a neutral decisionmaker.’’ It is essential ognition today to introduce the ‘‘Habeas right to habeas corpus when the Con- that we provide an adequate means to evalu- Corpus Restoration Act of 2007.’’ Last Sep- ate the legality of an individual’s continued stitution is explicit that habeas corpus tember, during debate on the Military Com- detention. may not be suspended except in time of missions Act, I introduced an amendment to Typically, the CSRT will advise the de- invasion or rebellion, and we do not strike section 7 of the Act and thereby pre- tainee that the evidence against them is
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00179 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S180 CONGRESSIONAL RECORD — SENATE January 4, 2007 classified and restrict access. The U.S. Dis- namo—who will be held indefinitely simply (2) apply to any case that is pending on or trict Court in the In re Guantanamo case because the United States considers them to after the date of enactment of this Act. criticized the manner in which the CSRT re- be too dangerous or in possession of sensitive Mr. LEAHY. Mr. President, on the quired detainees to answer allegations based intelligence information. These detainees first day of this new Congress, I join on information that cannot be disclosed. In a will have no ability to challenge their con- Senator SPECTER to reintroduce a bill comical scene during the hearing, a detainee finement. My bill will ensure these individ- advised the tribunal that he could not an- uals held in U.S. custody will be afforded the to restore the Great Writ of habeas cor- swer an allegation that he had associated basic constitutional right to petition for ha- pus, a cornerstone of American liberty with a known al Qaida operative because the beas corpus review. since the founding of this Nation. The tribunal would not provide the name of the The short history of the Military Commis- Habeas Corpus Restoration Act of 2007 alleged operative. Since the tribunal would sions Act underscores the need for this legis- bill continues our efforts to amend last not even provide the name of the operative, lation. The day after the Act became law, year’s Military Commissions Act, to the detainee could not answer even the most the Justice Department filed notices in each right a wrong and to restore a basic basic of allegations. While laughter filled the of the 181 Guantanamo habeas cases pending courtroom at the time when the detainee before the United States District Court for protection to American law. This is an could not answer this simple allegation, we the District of Columbia, highlighting the issue on which we continue to work to- should not forget the seriousness of this jurisdiction-stripping and retroactivity pro- gether and urge Senators on both sides process and the manner in which we are visions of the Act. In at least one note- of the aisle to join with us. treating detainees of the United States. worthy case, the District Court has already As Justice Scalia wrote in the Hamdi The Military Commission Act’s habeas cor- agreed that it now lacks authority to hear case: ‘‘The very core of liberty secured pus provisions were debated at a Senate Ju- such a habeas petition. by our Anglo-Saxon system of sepa- diciary Committee hearing held on Sep- On December 13, 2006, Judge James Robert- rated powers has been freedom from in- tember 25, 2006. At the hearing, I heard from son dismissed the habeas petition of Salim a distinguished and varied panel of wit- Ahmed Hamdan—of Hamdan v. Rumsfeld definite imprisonment at the will of nesses, including the attorney who rep- fame—for lack of subject matter jurisdic- the Executive.’’ The remedy that se- resented Hamdan before the Supreme Court. tion. While I disagree with Judge Robert- cures that most basic of freedoms is Perhaps most compelling during the hearing son’s conclusion that Hamdan has ‘‘no con- habeas corpus. It provides a check was the testimony of the former U.S. Attor- stitutional entitlement to habeas’’ because against arbitrary detentions and con- ney for the Northern District of Illinois, he was detained in Guantanamo rather than stitutional violations. It guarantees an Thomas Sullivan, who has been to Guanta- inside the United States, this conclusion opportunity to go to court, with the namo on many occasions and has represented demonstrates the lack of judicial recourse aid of a lawyer, to prove one’s inno- many detainees. Mr. Sullivan was especially available to such detainees. Of course, the compelling when he made reference to a Military Commissions Act is not strictly cence. This fundamental protection number of individual cases where the pro- limited to those held in Guantanamo. In an- was rolled back in an unprecedented ceedings before the CSRT were completely other case, on November 13, 2006, the Depart- and unnecessary way in the run up to insufficient. He cited hearings where individ- ment of Justice filed a motion with the U.S. last fall’s election by passage of the uals were summoned before the tribunal, but Court of Appeals for the Fourth Circuit to Military Commissions Act. did not speak the language, did not have an dismiss the habeas petition of alleged enemy The Military Commissions Act elimi- attorney, did not have access to the informa- combatant Ali Saleh Kahlah al-Marri. Un- nated that right, permanently, for any tion which was presented against them, and like Hamdan and other Guantanamo detain- continued to be detained. These individuals non-citizen determined to be an enemy ees, al-Marri has been detained inside the combatant, or even ‘‘awaiting’’ such a either did not know what their charges were, United States. While we could simply wait or those charges of which they were aware for the Supreme Court to rule on the con- determination. That includes the ap- were vague and illusory. For example, in the stitutionality of denying habeas rights to proximately 12 million lawful perma- case of Abdul Hadi al Siba’i, Mr. Sullivan de- such detainees, I believe the United States nent residents in the United States scribed how his client had been returned to Congress has an obligation to act now and today, people who work and pay taxes Saudi Arabia after several months of detain- reverse this wrong. in America and are lawful residents. ment and without a trial or any notice, com- This new law means that any of these pensation, or apology. One can only suspect There being no objection, the text of that the United States government under- people can be detained, forever, with- the bill was ordered to be printed in out any ability to challenge their de- stood that the continued detainment of this the RECORD, as follows: particular individual was wrong and would tention Federal court—or anywhere S. 185 expose weaknesses at trial. else—simply on the Government’s say- The failure to afford habeas review rights Be it enacted by the Senate and House of Rep- so that they are awaiting determina- to detainees has concerned Kenneth Starr, resentatives of the United States of America in tion whether they are enemy combat- Congress assembled, former Solicitor General and U.S. Court of ants. Appeals Judge for the District of Columbia. SECTION 1. SHORT TITLE. I deeply regret that Senator SPECTER In a letter directed to me as Judiciary Chair- This Act may be cited as the ‘‘Habeas Cor- man, Mr. Starr expressed his concern ‘‘about pus Restoration Act of 2007’’. and I were unsuccessful in our efforts the limitations on writ of habeas corpus con- SEC. 2. RESTORATION OF HABEAS CORPUS FOR to stop this injustice when the Presi- tained in the comprehensive military com- THOSE DETAINED BY THE UNITED dent and the Republican leadership in- missions bill.’’ STATES. sisted on rushing the Military Commis- If Justice O’Connor feels that detainees (a) IN GENERAL.—Section 2241 of title 28, sions Act through Congress in the have the right to habeas review, but we are United States Code, is amended by striking weeks before the recent elections. We denying them this avenue of review, how are subsection (e). (b) TITLE 10.—Section 950j of title 10, proposed an amendment that would detainees supposed to rebut facts that they have removed the habeas-stripping pro- are not allowed to confront? This is why fed- United States Code, is amended by striking eral courts should be open to hear habeas pe- subsection (b) and inserting the following: vision from the Military Commissions titions of these detainees. The Supreme ‘‘(b) LIMITED REVIEW OF MILITARY COMMIS- Act. We fell just three votes short in Court is clear, and we should apply this SION PROCEDURES AND ACTIONS.—Except as those political charged days. It is my precedent to the current situation involving otherwise provided in this chapter or in sec- hope that the new Senate and new Con- detainees at Guantanamo Bay. tion 2241 of title 28 or any other habeas cor- gress will reconsider this matter, re- On the recent 5–year anniversary of 9/11, pus provision, and notwithstanding any other provision of law, no court, justice, or store this fundamental protection and President Bush repeated his commitment to revitalize our tradition of checks and bring terrorists to justice. However, statis- judge shall have jurisdiction to hear or con- tics tell us that most of the terrorists at sider any claim or cause of action whatso- balances. Guantanamo will never see the inside of a ever, including any action pending on or Giving Government such raw, unfet- courtroom. Hundreds will be held indefi- filed after the date of the enactment of the tered power as this law does should nitely. Of the over 400 detainees who remain Military Commissions Act of 2006, relating to concern every American. Last fall I at Guantanamo, the Pentagon says another the prosecution, trial, or judgment of a mili- spelled out a nightmare scenario about 110 have been labeled as ‘‘ready to release.’’ tary commission under this chapter, includ- a hard-working legal permanent resi- But the real number we need to look at is ing challenges to the lawfulness of proce- dent who makes an innocent donation the remaining 325 or so detainees. How many dures of military commissions under this chapter.’’. to, among other charities, a Muslim will face trial? Media reports citing Pen- charity that the Government secretly tagon sources suggest that only approxi- SEC. 3. EFFECTIVE DATE AND APPLICABILITY. mately 70 detainees will face trial. The amendments made by this Act shall— suspects might be a source of funding This leaves approximately 250 detainees— (1) take effect on the date of the enactment for critics of the United States Govern- more than half of those still at Guanta- of this Act; and ment. I suggested that, on the basis of
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We have removed a vital can ensure our security without giving years, for decades, forever. check that our legal system provides up our liberty. Many people viewed this kind of against the government arbitrarily de- nightmare scenario as fanciful, just the taining people for life without charge. By Mr. SPECTER: rhetoric of a politician. It was not. It is We may well have also made many of S. 186. A bill to provide appropriate all spelled out clearly in the language our remaining limits against torture protection to attorney-client privi- of the law that this body passed. In No- and cruel and inhuman treatment obso- leged communications and attorney vember, the scenario I spelled out was lete because they are unenforceable. work product; to the Committee on the confirmed by the Department of Jus- We have removed the mechanism the Judiciary. tice itself in a legal brief submitted in Constitution provides to check govern- Mr. SPECTER. Mr. President, the federal court in Virginia. The Justice ment overreaching and lawlessness. legislation which I am introducing is Department, in a brief to dismiss a de- This is wrong. It is unconstitutional. the Attorney-Client Privilege Protec- tainee’s habeas case, said that the Mili- It is un-American. It is designed to en- tion Act. This legislation was pre- tary Commissions Act allows the Gov- sure that the Bush-Cheney Administra- viously introduced in the 109th Con- ernment to detain any non-citizen des- tion will never again be embarrassed gress. ignated an enemy combatant without by a United States Supreme Court de- In 2003, the Department of Justice giving that person any ability to chal- cision reviewing its unlawful abuses of adopted the provisions of the so-called lenge his detention in court. This is power. The conservative Supreme Thompson Memorandum, which al- true, the Justice Department said, Court, with seven of its nine members lowed prosecutors to request that com- even for someone arrested and impris- appointed by Republican Presidents, panies under investigation waive their oned in the United States. The Wash- has been the only check on this Admin- attorney-client privilege, and that, ab- ington Post wrote that the brief sent such a waiver, prosecutors may ‘‘raises the possibility that any of the istration’s lawlessness. Certainly the last Congress did not do it. With pas- consider the company’s refusal to millions of immigrants living in the waive privilege in the charging process. United States could be subject to in- sage of the Military Commissions Act, the Republican Congress completed the As a result, the legal and business com- definite detention if they are accused munity complained that, if the attor- of ties to terrorist groups.’’ job of eviscerating its role as a check and balance on the Administration. ney-client privilege is not waived, the In fact, the situation is even more corporation and individuals may get a stark than The Washington Post story Some Senators uneasy about the Military Commissions Act’s disastrous stiffer charge. suggested. The Justice Department’s The Department of Justice has re- brief says that the Government can de- habeas provision took solace in the thought that it would be struck down cently revised the Thompson Memo- tain any non-citizen declared to be an randum, with Deputy Attorney General enemy combatant. But the law this by the courts. Instead, the first court to consider that provision, a federal McNulty substituting what is now Congress passed says the Government known as the McNulty Memorandum. need not even make that declaration: court in the District of Columbia, upheld the provision. We should not Prior to the release of the McNulty They can hold people indefinitely who Memorandum, I had a number of dis- are awaiting determination whether or outsource our moral, legal and con- stitutional responsibility to the courts. cussions with Department of Justice not they are enemy combatants. officials, and I thank the Department It gets worse. Republican leaders in Congress must be accountable for its of Justice for the effort which they the Senate followed the White House’s actions and we should act to right this have made, but it is not sufficient. The lead and greatly expanded the defini- wrong. new memorandum is inadequate in its tion of ‘‘enemy combatants’’ in the Abolishing habeas corpus for anyone protection of the attorney-client privi- dark of night in the final days before who the Government thinks might lege. the bill’s passage, so that enemy com- have assisted enemies of the United Although the McNulty Memorandum batants need not be soldiers on any States is unnecessary and morally is inadequate in failing to protect at- battlefield. They can be people who do- wrong. It is a betrayal of the most torney-client privilege, it does improve nate small amounts of money, or peo- basic values of freedom for which another part of the Department of Jus- ple that any group of decision-makers America stands. It makes a mockery of tice’s prior procedure under the selected by the President decides to the administration’s lofty rhetoric Thompson Memorandum, which effec- call enemy combatants. The possibili- about exporting freedom across the ties are chilling. globe. tively denied the payment of counsel The Administration has made it clear We should take steps to ensure that fees so that people who were charged that they intend to use every expansive our enemies can be brought to justice were unable to defend themselves with- definition and unchecked power given efficiently and quickly. I introduced a out bankrupting themselves in defense. to them by the new law. November’s bill to do that back in 2002, as did Sen- That provision of the earlier Thompson Justice Department brief made clear ator SPECTER, when we each proposed a Memorandum was declared unconstitu- that any of our legal immigrants could set of laws to establish military com- tional in a case in the Southern Dis- be held indefinitely without recourse in missions. The Bush-Cheney Adminis- trict of New York. court. Earlier in November, the Justice tration rejected our efforts and de- Mr. President, again, I ask unani- Department went to court to say that signed a regime the United States Su- mous consent that the full text of my detainees who had been held in secret preme Court determined to be unlaw- statement be printed in the RECORD. CIA prisons could not even meet with ful. Establishing appropriate military There being no objection, the mate- lawyers because they might tell their commissions is not the question. We all rial was ordered to be printed in the lawyers about the cruel interrogation agree to do that. What we need to re- RECORD, as follows: techniques used against them. In other visit is the suspension of the writ of ATTORNEY-CLIENT PRIVILEGE PROTECTION ACT words, if our Government tortures habeas corpus for millions of legal im- OF 2006 somebody, that person loses his right migrants and others, denying their Mr. SPECTER. Mr. President, I seek rec- to a lawyer because he might tell the right to challenge indefinite detain- ognition today to introduce the ‘‘Attorney- Client Privilege Protection Act of 2007,’’ lawyer about having been tortured. A ment on the, government’s say-so. which remains necessary despite Deputy At- law professor was quoted as saying It is from strength that America torney General Paul McNulty’s issuance of a about the Government’s position in should defend our values and our Con- new set of corporate prosecution guidelines that case: ‘‘Kafka-esque doesn’t do it stitution. It takes commitment to on December 12 of last year. Although the justice. This is ‘Alice in Wonderland.’’’ those values to demand accountability new McNulty memorandum, which replaces
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Unless there is a meaningful broader public interests the privilege serves ecution if the request is denied. review of the U.S. Attorney’s decision, it is in fostering the observance of law and the This bill will protect the sanctity of the difficult to see how the McNulty memo pro- administration of justice. The Upjohn Court attorney-client relationship by prohibiting vides better safeguards for Category 1 infor- also made clear that value of legal advice federal prosecutors and investigators from mation than the interim-McCallum memo, and advocacy depends on the lawyer having requesting waiver of attorney-client privi- issued in October 2005, which mandated a been fully informed by the client. lege and attorney work product protections U.S. Attorney-level ‘‘written waiver review As a former prosecutor, I am acutely aware in corporate investigations. The bill would process’’ for all attorney client privilege of the enormous power and tools a pros- similarly prohibit the government from con- waiver requests. ecutor has at his or her disposal. As former ditioning charging decisions or any adverse As noted above, the new McNulty memo Supreme Court Justice and then Attorney- treatment on an organization’s payment of does provide greater protections for attorney General Robert Jackson stated in his 1940 employee legal fees, invocation of the attor- advice and communication to the client, speech to U.S. Attorneys, ‘‘The prosecutor ney-client privilege, or agreement to a joint which the memo labels ‘‘Category 2’’ infor- has more control over life, liberty, and rep- defense agreement. This bill will hopefully mation. The McNulty memo protects Cat- utation than any other person in America. force the Department of Justice to issue a egory 2 information in the first instance by His discretion is tremendous. He can have meaningful change to its corporate charging making clear that it may be sought only if citizens investigated and, if he is that kind policies beyond the changes in the McNulty the prosecutor thinks Category 1 informa- of person, he can have this done to the tune Memorandum, which came ‘‘a day late and a tion provides an incomplete basis for the in- of public statements and veiled or unveiled dollar short’’ according to Frederick Krebs, vestigation. If such a request is deemed nec- intimations.’’ Thus, the federal prosecutor the president of the Association of Corporate essary, the request for Category 2 informa- has enough power without the coercive tools Counsel. tion must be approved by the Deputy Attor- of the privilege waiver, whether that waiver There is no need to wait to see how the ney General. policy is embodied in the Holder, Thompson, McNulty memorandum will operate in prac- Although the McNulty memo provides McCallum, or McNulty memorandum. I see tice. The flaws in that memorandum are al- greater protection for Category 2 informa- no need to have the Justice Department pub- ready apparent. Moreover, before the tion, the memo does not explain why such licly express a policy that encourages waiver issuance of the McNulty memorandum last information will ever be needed by prosecu- of attorney-client privilege, especially where month, the Thompson memorandum has tors outside of attorney advice in further- the policy is backed by the heavy hammer of been undermining the attorney-client rela- ance of a crime or fraud or where the advice possible criminal charges. Cases should be tionship in the corporate context for nearly is subject to an advice of counsel defense, prosecuted based on their merits, not based 4 years. In January 2003, then-Deputy Attor- both of which are expressly exempted from on how well an organization works with the ney General Larry Thompson issued a memo- the waiver request process outlined in the prosecutor. As Justice Jackson warned in randum to all Justice Department compo- memorandum. Thus, the only two types of the same speech, ‘‘the most dangerous power nents throughout the United States entitled attorney advice that are likely to be rel- of the prosecutor [is] that he will pick people ‘‘Principles of Federal Prosecution of Busi- evant in a criminal investigation are ex- that he thinks he should get, rather than ness Organizations.’’ This memorandum, empted from the memo’s coverage. With that pick cases that need to be prosecuted.’’ which was prepared on the heels of the estab- exception, I fail to see why Category 2 infor- Just as the Holder and Thompson memo- lishment of the President’s Corporate Fraud mation is needed at all. Prosecutors do not randa before it, the McNulty memorandum Task Force, set forth various factors for fed- need to know what attorneys are advising embodies bad public policy by empowering eral prosecutors to consider when deciding to their clients unless the advice is in further- federal prosecutors at the expense of the at- prosecute corporations or other business or- ance of a crime or the client puts the advice torney-client relationship. Consequently, I ganizations. The so-called ‘‘Thompson in issue by raising it as a defense. echo the comments of the following organi- memorandum’’ lists a corporation’s ‘‘co- No less than the Thompson memo, the new zations and individuals who have criticized operation and voluntary disclosure’’ as one McNulty memo discourages corporate em- the McNulty memorandum: of the chief factors to be considered in mak- ployees from having frank conversations ing a charging decision. with lawyers, which makes it difficult for ‘‘The Justice Department’s new corporate Just as the Thompson memorandum was companies who desire to prevent possible charging guidelines for federal prosecutors issued with laudable goals in mind, the corruption from making appropriate rem- fall far short of what is needed to prevent McNulty memorandum was, no doubt, the edies. The Department of Justice will not further erosion of fundamental attorney-cli- product of good intentions. Nevertheless, it prevent corporate misconduct if it continues ent privilege, work product, and employee continues to threaten the viability of the at- to inadvertently discourage the types of in- protections during government investiga- torney-client privilege in business organiza- ternal investigations and dialogues cor- tions.’’—Karen Mathis, ABA President. tions by allowing prosecutors to request porate officials need to detect and prevent ‘‘While containing some improvements, this privilege waiver upon a finding of ‘‘legiti- corporate fraud. new policy does not adequately protect the mate need’’—a standard that should guide In the next rewrite of its corporate pros- right to attorney-client privilege, and un- the most basic of prosecutorial requests, not ecution guidelines, the Administration needs wisely ignores many of the recommendations sensitive requests for privileged information. to look in the mirror. If the President re- of former senior Justice Department offi- Just as the standard is inadequate, so is fused to disclose documents or information cials, the American Bar Association, and a the level of internal review. Although the after invoking a claim of executive privilege, massive coalition of some of the nation’s McNulty memorandum establishes some in- it would not consider itself to be ‘‘unco- most prominent business, legal, and civil ternal review for such waiver requests, it operative.’’ Rather, the executive would sim- rights groups.’’—Stanton Anderson, U.S. does so in a way that diminishes the impor- ply be doing its job in representing a client. Chamber of Commerce. tance of a corporate client’s ability to com- Yet, when the tables are turned, the Justice ‘‘The McNulty Memorandum still falls short municate with its lawyers. The memo cre- Department has memorialized a policy in- of protecting the attorney-client privilege, ates two different categories of privileged in- structing its prosecutors to discourage attor- and the related work product doctrine, which formation and provides very little protection neys from doing their job effectively. derives from it.’’—Martin Pinales, President, The right to counsel is too important to be to client communications to the attorney National Association of Criminal Defense passed over for prosecutorial convenience. It while providing significant protection and Lawyers. DOJ internal review for attorney commu- has been engrained in American jurispru- nications to the client. The memo identifies dence since the 18th century when the Bill of ‘‘[T]his memo is a day late and a dollar the two subcategories of privileged informa- Rights was adopted. The 6th Amendment is a short. Asking prosecutors to get permission tion as: (1) ‘‘purely factual information,’’ fundamental right afforded to individuals before formally requesting that companies which consists of witness statements, inter- charged with a crime and guarantees proper waive their attorney-client privilege will not view memoranda, factual chronologies and representation by counsel throughout a pros- put an end to the ‘culture of waiver’ that ex- summaries, and reports containing inves- ecution. However, the right to counsel is ists within DOJ. Our research shows that tigative facts documented by counsel; and (2) largely ineffective unless the confidential more often than not, requests for waiver are attorney advice to the client, including at- communications made by a client to his or not asked for outright, but are coercively in- torney notes, memoranda, and notes. her lawyer are protected by law. As the Su- ferred.’’—Frederick Krebs, President, Asso- The first category of information, formally preme Court observed in Upjohn Co. v. ciation of Corporate Counsel. labeled Category 1 information by DOJ, may United States, ‘‘the attorney-client privilege ‘‘Deputy Attorney General Paul McNulty’s be requested with approval at the U.S. Attor- is the oldest of the privileges for confidential memorandum is a disappointment. It perpet- ney-level with consultation with the Assist- communications known to the common uates the dynamic that compels companies ant Attorney General for the Criminal Divi- law.’’ When the Upjohn Court affirmed that to ‘‘voluntarily’’ waive their rights in order sion. The consultation requirement is not de- attorney-client privilege protections apply to get favorable treatment or to avoid the
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00182 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S183 death penalty of a federal indictment.’’— constitutional rights and other legal protec- United States from requesting or seeking Caroline Fredrickson, Director, ACLU Wash- tions of employees. any communication or material that such ington legislative office; George Landrith, (9) The attorney-client privilege, work agent or attorney reasonably believes is not President, Frontiers of Freedom; Stephanie product doctrine, and payment of counsel entitled to protection under the attorney-cli- A. Martz, Director, White Collar Crime fees shall not be used as devices to conceal ent privilege or attorney work product doc- Project, National Association of Criminal wrongdoing or to cloak advice on evading trine. Defense Lawyers; Daniel J. Popeo, Chair- the law. ‘‘(d) VOLUNTARY DISCLOSURES.—Nothing in man, Washington Legal Foundation, in a let- (b) PURPOSE.—It is the purpose of this Act this Act is intended to prohibit an organiza- ter to the editor of USA Today. to place on each agency clear and practical tion from making, or an agent or attorney of My bill amends title 18 of the United limits designed to preserve the attorney-cli- the United States from accepting, a vol- States Code by adding a new section, § 3014, ent privilege and work product protections untary and unsolicited offer to share the in- that would prohibit any agent or attorney of available to an organization and preserve the ternal investigation materials of such orga- the United States government in any crimi- constitutional rights and other legal protec- nization.’’. nal or civil case to demand, request or condi- tions available to employees of such an orga- (b) CONFORMING AMENDMENT.—The table of tion treatment on the disclosure of any com- nization. sections for chapter 201 of title 18, United States Code, is amended by adding at the end munication protected by the attorney-client SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT privilege or attorney work product. The bill PRIVILEGE OR ADVANCEMENT OF the following: would also prohibit government lawyers and COUNSEL FEES AS ELEMENTS OF ‘‘3014. Preservation of fundamental legal agents from conditioning any charge or ad- COOPERATION. protections and rights in the verse treatment on whether an organization (a) IN GENERAL.—Chapter 201 of title 18, context of investigations and pays attorneys’ fees for its employees or United States Code, is amended by inserting enforcement matters regarding signs a joint defense agreement. after section 3013 the following: organizations.’’. While I am glad that the Justice Depart- ‘‘§ 3014. Preservation of fundamental legal ment revised the Thompson memorandum, I By Mr. SPECTER: am hopeful that the Department will act protections and rights in the context of in- vestigations and enforcement matters re- S. 187. A bill to provide sufficient re- again to reform the McNulty memorandum. sources to permit electronic surveil- In the absence of such action, this legisla- garding organizations tion is needed to ensure that basic protec- ‘‘(a) DEFINITIONS.—In this section: lance of United States persons for for- tions of the attorney-client relationship are ‘‘(1) ATTORNEY-CLIENT PRIVILEGE.—The eign intelligence purposes to be con- preserved. term ‘attorney-client privilege’ means the ducted pursuant to individualized I ask unanimous consent that the attorney-client privilege as governed by the court-issued orders for calls origi- text of the bill be printed in the principles of the common law, as they may nating in the United States, to provide RECORD. be interpreted by the courts of the United additional resources to enhance over- There being no objection, the text of States in the light of reason and experience, sight and streamline the procedures of the bill was ordered to be printed in and the principles of article V of the Federal the Foreign Intelligence Surveillance Rules of Evidence. ECORD the R , as follows: ‘‘(2) ATTORNEY WORK PRODUCT.—The term Act of 1978, to ensure review of the Ter- S. 186 ‘attorney work product’ means materials rorist Surveillance Program by the Be it enacted by the Senate and House of Rep- prepared by or at the direction of an attor- United States Supreme Court, and for resentatives of the United States of America in ney in anticipation of litigation, particu- other purposes; to the Committee on Congress assembled, larly any such materials that contain a men- the Judiciary. SECTION 1. SHORT TITLE. tal impression, conclusion, opinion, or legal Mr. SPECTER. Mr. President, I am This Act may be cited as the ‘‘Attorney- theory of that attorney. reintroducing the text of S. 4051, which Client Privilege Protection Act of 2007’’. ‘‘(b) IN GENERAL.—In any Federal inves- I originally introduced on November 14 SEC. 2. FINDINGS AND PURPOSE. tigation or criminal or civil enforcement of last year. And the title articulates it (a) FINDINGS.—Congress finds the fol- matter, an agent or attorney of the United lowing: States shall not— in a succinct way, so I will read that. It (1) Justice is served when all parties to ‘‘(1) demand, request, or condition treat- is: a bill to provide sufficient resources litigation are represented by experienced ment on the disclosure by an organization, to permit electronic surveillance of diligent counsel. or person affiliated with that organization, United States persons for foreign intel- (2) Protecting attorney-client privileged of any communication protected by the at- ligence purposes to be conducted pursu- communications from compelled disclosure torney-client privilege or any attorney work ant to individualized court-issued war- fosters voluntary compliance with the law. product; rants for calls originating in the (3) To serve the purpose of the attorney- ‘‘(2) condition a civil or criminal charging United States, to provide additional re- client privilege, attorneys and clients must decision relating to a organization, or person have a degree of confidence that they will affiliated with that organization, on, or use sources to enhance oversight and not be required to disclose privileged com- as a factor in determining whether an orga- streamline the procedures of the For- munications. nization, or person affiliated with that orga- eign Intelligence Surveillance Act of (4) The ability of an organization to have nization, is cooperating with the Govern- 1978, and to ensure review of the Ter- effective compliance programs and to con- ment— rorist Surveillance Program by the duct comprehensive internal investigations ‘‘(A) any valid assertion of the attorney- United States Supreme Court. is enhanced when there is clarity and con- client privilege or privilege for attorney I made a number of efforts in the sistency regarding the attorney-client privi- work product; 109th Congress to subject the Presi- lege. ‘‘(B) the provision of counsel to, or con- (5) Prosecutors, investigators, enforcement tribution to the legal defense fees or ex- dent’s surveillance program to judicial officials, and other officers or employees of penses of, an employee of that organization; review in accordance with the existing Government agencies have been able to, and ‘‘(C) the entry into a joint defense, infor- law that a search-and-seizure warrant can continue to, conduct their work while mation sharing, or common interest agree- or a wiretap ought not to be issued respecting attorney-client and work product ment with an employee of that organization without a judge making a finding of protections and the rights of individuals, in- if the organization determines it has a com- probable cause and authorizing that cluding seeking and discovering facts crucial mon interest in defending against the inves- kind of a search and seizure or that to the investigation and prosecution of orga- tigation or enforcement matter; kind of a wiretap. nizations. ‘‘(D) the sharing of information relevant to Without going into the entire his- (6) Despite the existence of these legiti- the investigation or enforcement matter mate tools, the Department of Justice and with an employee of that organization; or tory, that bill was refined to the point other agencies have increasingly employed ‘‘(E) a failure to terminate the employ- where it is articulated in S. 4051 of the tactics that undermine the adversarial sys- ment of or otherwise sanction any employee 109th Congress, which would provide tem of justice, such as encouraging organiza- of that organization because of the decision for individualized warrants for calls tions to waive attorney-client privilege and by that employee to exercise the constitu- originating in the United States and work product protections to avoid indict- tional rights or other legal protections of going out. That can be accomplished, ment or other sanctions. that employee in response to a Government according to the CIA, if there are addi- (7) An indictment can have devastating request; or tional resources, which this bill pro- consequences on an organization, potentially ‘‘(3) demand or request that an organiza- eliminating the ability of the organization tion, or person affiliated with that organiza- vides, and if the time for retroactive to survive post-indictment or to dispute the tion, not take any action described in para- approval is extended from 3 days to 7 charges against it at trial. graph (2). days. (8) Waiver demands and other tactics of ‘‘(c) INAPPLICABILITY.—Nothing in this Act With respect to calls originating out- Government agencies are encroaching on the shall prohibit an agent or attorney of the side the United States and coming in,
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00183 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S184 CONGRESSIONAL RECORD — SENATE January 4, 2007 we are advised there are simply too I do not like to repeat—he may have such personnel may directly assist personnel many of those to cover, so that on the constitutional authority for the of the Agency in preparing applications de- those calls the bill would expedite the surveillance program, but that has to scribed in that paragraph. (b) FEDERAL BUREAU OF INVESTIGATION.— judicial review which is currently in be determined by a judicial proceeding. (1) ADDITIONAL LEGAL AND OTHER PER- process. Mr. President, I ask unanimous con- SONNEL.—The National Security Branch of A Federal court in Detroit has de- sent that a copy of the bill be printed the Federal Bureau of Investigation is au- clared the President’s program uncon- in the RECORD. thorized such additional legal and other per- stitutional, and it is now pending in There being no objection, the mate- sonnel as may be necessary to carry out the the Sixth Circuit. This bill would man- rial was ordered to be printed in the prompt and timely preparation of applica- date review by the Supreme Court of RECORD, as follows: tions under section 104 of the Foreign Intel- ligence Surveillance Act of 1978 for orders the United States and would put review S. 187 in the Federal courts on an accelerated under section 105 of that Act approving elec- Be it enacted by the Senate and House of Rep- tronic surveillance for foreign intelligence timetable. resentatives of the United States of America in purposes. There are objections to proceeding Congress assembled, (2) ASSIGNMENT.—The Director of the Fed- with legislation along this line because SECTION 1. SHORT TITLE. eral Bureau of Investigation shall assign per- of an interest in having hearings. Well, This Act may be cited as the ‘‘Foreign In- sonnel authorized by paragraph (1) to and we have had a whole series of hearings, telligence Surveillance Oversight and Re- among the field offices of the Federal Bureau and the administration has refused to source Enhancement Act of 2007’’. of Investigation in order that such personnel tell the Judiciary Committee the de- TITLE I—ENHANCEMENT OF RESOURCES may directly assist personnel of the Bureau tails of the program. Under our divi- AND PERSONNEL FOR ELECTRONIC in such field offices in preparing applications SURVEILLANCE FOR FOREIGN INTEL- described in that paragraph. sion of authority, it is the Intelligence (c) ADDITIONAL LEGAL AND OTHER PER- LIGENCE PURPOSES Committee which has jurisdiction over SONNEL FOR NATIONAL SECURITY AGENCY.— this kind of a program. SEC. 101. FOREIGN INTELLIGENCE SURVEIL- The National Security Agency is authorized But, we could proceed with hearings LANCE COURT MATTERS. such additional legal and other personnel as and still enact legislation which would (a) AUTHORITY FOR ADDITIONAL JUDGES.— may be necessary to carry out the prompt Section 103(a) of the Foreign Intelligence provide constitutional protection for and timely preparation of applications under Surveillance Act of 1978 (50 U.S.C. 1803(a)) is section 104 of the Foreign Intelligence Sur- calls originating in the United States, amended— which is the more serious category. veillance Act of 1978 for orders under section (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 105 of that Act approving electronic surveil- Citizens here, people here in the United (2) in paragraph (1), as so designated, by in- lance for foreign intelligence purposes. States, would have individual warrants serting ‘‘at least’’ before ‘‘seven of the (d) ADDITIONAL LEGAL AND OTHER PER- and a judicial determination of prob- United States judicial circuits’’; SONNEL FOR FOREIGN INTELLIGENCE SURVEIL- able cause before the surveillance and (3) by designating the second sentence as LANCE COURT.—There is authorized for the the wiretaps were put into effect. paragraph (4) and indenting such paragraph, Foreign Intelligence Surveillance Court such Meanwhile, the program goes on. It as so designated, accordingly; and additional personnel (other than judges) as (4) by inserting after paragraph (1), as so may be necessary to facilitate the prompt has been going on since late 2001. It has designated, the following new paragraph: been known to the public since Decem- and timely consideration by that Court of ‘‘(2) In addition to the judges designated applications under section 104 of the Foreign ber 16, 2005. And each day that passes, under paragraph (1), the Chief Justice of the Intelligence Surveillance Act of 1978 for or- there are more taps, there are more United States may designate as judges of the ders under section 105 of that Act approving searches and seizures, there is more court established by paragraph (1) such electronic surveillance for foreign intel- surveillance, which may not comport judges appointed under Article III of the ligence purposes. Personnel authorized by with constitutional provisions. Constitution of the United States as the this paragraph shall perform such duties re- There may be the motivation to show Chief Justice determines appropriate in lating to the consideration of such applica- order to provide for the prompt and timely tions as that Court shall direct. that the President has broken the law. consideration under section 105 of applica- And there is no doubt that the surveil- (e) SUPPLEMENT NOT SUPPLANT.—The per- tions under section 104 for electronic surveil- sonnel authorized by this section are in addi- lance program does violate the Foreign lance under this title. Any judge designated tion to any other personnel authorized by Intelligence Surveillance Act of 1978. under this paragraph shall be designated law. But the President contends that he has publicly.’’. SEC. 103. TRAINING OF FEDERAL BUREAU OF IN- inherent article II power as Com- (b) CONSIDERATION OF EMERGENCY APPLICA- VESTIGATION AND NATIONAL SECU- mander in Chief which supersedes the TIONS.—Such section is further amended by RITY AGENCY PERSONNEL IN FOR- statute. And he may be right about inserting after paragraph (2), as added by EIGN INTELLIGENCE SURVEILLANCE subsection (a) of this section, the following MATTERS. that. But only a court can determine. new paragraph: The Director of the Federal Bureau of In- And under the existing standards, the ‘‘(3) A judge of the court established by vestigation and the Director of the National court must make a determination of paragraph (1) shall make a determination to Security Agency shall each, in consultation the nature of the invasion of privacy approve, deny, or seek modification of an ap- with the Attorney General— contrasted with the importance for the plication submitted under section subsection (1) develop regulations establishing proce- public welfare of providing security. (f) or (g) of section 105 not later than 24 dures for conducting and seeking approval of electronic surveillance on an emergency That is a judicial function. hours after the receipt of such application by the court.’’. basis, and for preparing and properly submit- It seems to me that where you have ting and receiving applications and orders, an avenue to have probable cause es- SEC. 102. ADDITIONAL PERSONNEL FOR PREPA- RATION AND CONSIDERATION OF under sections 104 and 105 of the Foreign In- tablished in the traditional way on APPLICATIONS FOR ORDERS AP- telligence Surveillance Act of 1978 (50 U.S.C. calls going out of the United States, we PROVING ELECTRONIC SURVEIL- 1804 and 1805); and ought to utilize it. We ought not to LANCE. (2) prescribe related training for the per- have that program continue in effect (a) OFFICE OF INTELLIGENCE POLICY AND RE- sonnel of the applicable agency. without having that kind of constitu- VIEW.— TITLE II—IMPROVEMENT OF FOREIGN IN- tional procedure. (1) ADDITIONAL PERSONNEL.—The Office of TELLIGENCE SURVEILLANCE AUTHOR- Intelligence Policy and Review of the De- ITY And then, as to calls originating out- partment of Justice is authorized such addi- side of the United States, if the Presi- SEC. 201. EXTENSION OF PERIOD FOR APPLICA- tional personnel, including not fewer than 21 TIONS FOR ORDERS FOR EMER- dent is right, that can be determined full-time attorneys, as may be necessary to GENCY ELECTRONIC SURVEIL- by the courts. Let that proceed in that carry out the prompt and timely prepara- LANCE. manner. And, the justification for tion, modification, and review of applica- Section 105(f) of the Foreign Intelligence delay—that we need to show the Presi- tions under section 104 of the Foreign Intel- Surveillance Act of 1978 (50 U.S.C. 1805(f)) is dent of the United States has violated ligence Surveillance Act of 1978 (50 U.S.C. amended by striking ‘‘72 hours’’ both places the law—is a wholly insufficient jus- 1804) for orders under section 105 of that Act it appears and inserting ‘‘168 hours’’. (50 U.S.C. 1805) approving electronic surveil- tification to withhold legislation that SEC. 202. ACQUISITION OF FOREIGN-FOREIGN lance for foreign intelligence purposes. COMMUNICATIONS. would be a major improvement to this (2) ASSIGNMENT.—The Attorney General (a) IN GENERAL.—Notwithstanding any surveillance program. shall assign personnel authorized by para- other provision of this Act or the Foreign In- We can conclude, in my view, that he graph (1) to and among appropriate offices of telligence Surveillance Act of 1978 (50 U.S.C. has violated FISA. But to repeat—and the National Security Agency in order that 1801 et seq.), no court order shall be required
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00184 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S185 for the acquisition through electronic sur- (2) in section 502 (50 U.S.C. 414), by adding izing the Voting Rights Act extended veillance of the contents of any communica- at the end the following new subsection: the open door for every American to tion between one person who is not located ‘‘(d) INFORMING OF COMMITTEE MEMBERS.— exercise their right to participate in within the United States and another person The Chair of each of the congressional intel- the representative democracy founded ligence committees, in consultation with the who is not located within the United States by our Constitution, and cherished by for the purpose of collecting foreign intel- ranking member of the committee for which ligence information even if such communica- the person is Chair, may inform, on a bipar- our people. In that spirit, it is fitting tion passes through, or the surveillance de- tisan basis, all members or any individual that Ce´sar Cha´ vez’s name be included vice is located within, the United States. members of such committee of a report sub- with the other names honored in this (b) TREATMENT OF INTERCEPTED COMMU- mitted under subsection (a) as such Chair bill—as pioneers who helped pave the NICATIONS INVOLVING DOMESTIC PARTY.—If considers necessary.’’. way to ensure that all Americans have surveillance conducted, as described in sub- SEC. 302. SUPREME COURT REVIEW OF THE TER- a voice in electing their Government at section (a), inadvertently collects a commu- RORIST SURVEILLANCE PROGRAM. the voting booth. nication in which at least one party is with- (a) IN GENERAL.—Upon appeal by the Ce´sar Cha´ vez is an American hero. in the United States, the contents of such United States or any party to the underlying Like the venerable American leaders communications shall be handled in accord- proceedings, the Supreme Court of the who are now associated with this ef- ance with the minimization procedures set United States shall review the final decision forth in section 101(h)(4) of the Foreign Intel- of any United States court of appeal con- fort, he sacrificed his life to empower ligence Surveillance Act of 1978 (50 U.S.C. cerning the legality of the Terrorist Surveil- the most vulnerable in America. For 1801(h)(4)). lance Program. this reason, he continues to be an im- (c) DEFINITIONS.—In this section, the terms (b) EXPEDITED CONSIDERATION.—It shall be portant part of our country’s journey ‘‘contents’’, ‘‘electronic surveillance’’, and the duty of the Supreme Court of the United on the path to a more inclusive Amer- ‘‘foreign intelligence information’’ have the States to advance on the docket and to expe- ica. Ce´sar Cha´ vez believed strongly in meaning given such terms in section 101 of dite to the greatest possible extent the dis- our American democracy and saw the the Foreign Intelligence Surveillance Act of position of any matter brought under sub- right to vote as a fundamental corner- 1978 (50 U.S.C. 1801). section (a). stone of our freedom. I believe it is fit- SEC. 203. INDIVIDUALIZED FISA APPLICATIONS. (c) DEFINITION.—In this section, the term The contents of any wire or radio commu- ‘‘Terrorist Surveillance Program’’ means the ting that his name be a part of the re- nication sent by a person who is reasonably program identified by the President of the authorization of the Voting Rights believed to be inside the United States to a United States on December 17, 2005, to inter- Act. person outside the United States may not be cept international communications into and President Lyndon Johnson once stat- retained or used unless a court order author- out of the United States of persons linked to ed: ‘‘The vote is the most powerful in- ized under the Foreign Intelligence Surveil- al Qaeda or related terrorist organizations. strument ever devised by man for lance Act is obtained. TITLE IV—OTHER MATTERS breaking down injustice and destroying SEC. 204. ISSUES RESERVED FOR THE COURTS. SEC. 401. DEFINITION. the terrible walls which imprison men Nothing in this Act shall be deemed to In this Act, the term ‘‘Foreign Intelligence because they are different from other amend those provisions of FISA concerning Surveillance Court’’ means the court estab- men.’’ With his simple but powerful any wire or radio communication sent from lished by section 103(a) of the Foreign Intel- slogan ‘‘Si Se Puede’’ or yes, it can be outside the United States to a person inside ligence Surveillance Act of 1978 (50 U.S.C. ´ ´ the United States. The constitutionality of done, Cesar Chavez reminded us of this 1803(a)). truth. such interceptions shall be determined by SEC. 402. AUTHORIZATION OF APPROPRIATIONS. the courts, including the President’s claim Still, throughout our history and There is authorized to be appropriated even today, many Americans have been that his Article II authority supersedes such sums as may be necessary to carry out FISA. this Act and the amendments made by this shut out of our most fundamental TITLE III—ENHANCED CONGRESSIONAL Act. right, the right to vote. When Presi- OVERSIGHT AND SUPREME COURT RE- SEC. 403. EFFECTIVE DATE. dent Johnson signed the Voting Rights VIEW OF THE TERRORIST SURVEIL- This Act, and the amendments made by Act of 1965 into law, he restored the LANCE PROGRAM this Act, shall take effect on the date that is faith of millions of African Americans, SEC. 301. CONGRESSIONAL OVERSIGHT. 30 days after the date of the enactment of Hispanic Americans, Native Ameri- (a) ELECTRONIC SURVEILLANCE UNDER this Act. cans, and others who had historically FISA.—Section 108 of the Foreign Intel- been kept from voting. ligence Surveillance Act of 1978 (50 U.S.C. By Mr. SALAZAR (for himself, As our Nation moved forward in the 1808) is amended— Mr. LEAHY, Mr. REID, Mr. next chapter of civic equality and in- (1) in subsection (a)(2)— MENENDEZ, Mrs. BOXER, and (A) in subparagraph (B), by striking ‘‘and’’ clusion with the reauthorization of the Mrs. FEINSTEIN): at the end; Voting Rights Act last year, we dem- (B) in subparagraph (C), by striking the pe- S. 188. A bill to revise the short title onstrated to millions of Hispanic riod and inserting ‘‘; and’’; and of the Fannie Lou Hamer, Rosa Parks, Americans this body’s continued com- (C) by adding at the end the following: and Coretta Scott King Voting Rights mitment to safeguarding their right to ‘‘(D) the authority under which the elec- Act Reauthorization and Amendments vote. To include Ce´sar E. Cha´ vez’s tronic surveillance is conducted.’’; and Act of 2006; to the Committee on the name to that commitment today is an (2) by striking subsection (b) and inserting Judiciary. important change because of the mes- the following: Mr. SALAZAR. Mr. President, I rise sage it sends Hispanic Americans. It ‘‘(b) On a semiannual basis, the Attorney today to speak on behalf of legislation General additionally shall fully inform the serves as a signal of Congress’ commit- Permanent Select Committee on Intelligence I am introducing today, which has the ment to an inclusive America that of the House of Representatives and the Se- support and co-sponsorship of several brings all Americans into our demo- lect Committee on Intelligence of the Senate of my colleagues including Senators cratic process. on electronic surveillance conducted without REID, LEAHY, FEINSTEIN, BOXER and This past November, more than 86 a court order.’’. MENENDEZ. million Americans voted all across the (b) INTELLIGENCE ACTIVITIES.—The Na- This is a simple, straight forward country. Fifty years ago, before the en- tional Security Act of 1947 (50 U.S.C. 401 et measure to include the name of Ce´sar actment of the Voting Rights Act, seq.) is amended— E. Cha´ vez, a truly remarkable civil (1) in section 501 (50 U.S.C. 413)— many would not have been able to do (A) by redesignating subsection (f) as sub- rights leader and American, into the so. It is important and fitting that we section (g); and title of the reauthorization of the Vot- honor those civil rights leaders whose (B) by inserting after subsection (e) the fol- ing Rights Act passed last year. contributions and courage helped pave lowing new subsection: With my bill, the title of this Act the way for today’s more inclusive de- ‘‘(f) The Chair of each of the congressional would be referred to as the Fannie Lou mocracy, and it is fitting that the intelligence committees, in consultation Hamer, Rosa Parks, Coretta Scott name of Ce´sar E. Cha´ vez be included with the ranking member of the committee King, and Ce´sar E. Cha´ vez Voting with them in the title of last year’s for which the person is Chair, may inform, Rights Act Reauthorization and on a bipartisan basis, all members or any in- Voting Rights Act reauthorization. I dividual members of such committee of a re- Amendments Act of 2006. I am proud to look forward to working with my col- port submitted under subsection (a)(1) or have been part of a unanimous Senate leagues on this small change, and am subsection (b) as such Chair considers nec- that reauthorized this landmark piece hopeful that they will approve my pro- essary.’’; and of civil rights legislation. Reauthor- posal to revise the official title of this
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00185 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S186 CONGRESSIONAL RECORD — SENATE January 4, 2007 landmark reauthorization as the would amend Congressional rules to We need to face the fact that the time Fannie Lou Hamer, Rosa Parks, allow lawmakers to challenge unau- has come to end this Congressional Coretta Scott King, and Ce´sar E. thorized appropriations, earmarks, and perk. Cha´ vez Voting Rights Act Reauthoriza- policy riders in appropriations bills. At a time when the public is ques- tion and Amendments Act of 2006. Mr. President, when I introduced tioning our integrity, the Senate needs Mr. President, I yield the floor. similar legislation over a year ago, I to more aggressively enforce its own regretted that such reform was even rules. We can do this not just by mak- By Mr. MCCAIN (for himself, Mr. necessary. And, I voted against the bill ing more public the work that the Sen- LIEBERMAN, Ms. COLLINS, and that was ultimately passed in the Sen- ate Ethics Committee currently under- Mr. FEINGOLD): ate because it lacked a number of ele- takes, but by addressing the conflict S. 192. A bill providing greater trans- ments essential to true reform. that is inherent in any body that regu- parency with respect to lobbying ac- Unfortunately, the need for such re- lates itself. That is why I am again tivities, and for other purposes; to the form has only become more acute. The proposing the creation of a new Office Committee on Homeland Security and American people’s faith and confidence of Public Integrity with the capacity Governmental Affairs. in this venerable institution has stead- to initiate and conduct investigations, Mr. MCCAIN. Mr. President, today I ily eroded. The day after the mid-term uncolored by partisan concerns and un- am pleased to be joined by Senators elections, CNN reported that, accord- constrained by collegial relationships. FEINGOLD, COLLINS, and LIEBERMAN in ing to national exit polls, voters were Finally, Mr. President, if we are introducing a bill to provide greater concerned about corruption and ethics truly serious about reform, we need to transparency into the process of influ- in Government more than any other address what some have coined the cur- encing our Government, and to ensure issue. I can tell you the polls, if not rency of corruption—earmarks. In 1994, greater accountability among public spot on, are not far off. there were 4,126 earmarks. In 2005, officials. During my travels around the coun- there were 15,877—an increase of nearly The legislation proposes a number of try last year, it quickly became clear 400 percent! But there was a little good important and necessary reforms. It that there is a deep perception that we news for 2006 solely due to the good would provide for faster reporting and legislators do not act on the priorities sense that occurred unexpectedly when greater public access to reports filed by of the American people, that special in- the Labor HHS appropriations bill was lobbyists and their employers under terests, and not the people’s interests, approved with almost no earmarks, an current law. It would require greater guide our legislative hand. This loss in amazing feat given that there were disclosure of lobbyists’ contributions confidence is not limited to a single over 3,000 earmarks the prior year for and payments to lawmakers and enti- party or ideology; rather, it cuts across just that bill. Yet despite this first re- ties associated with them, as well as the spectrum. It is a perception bred by duction in 12 years, it does not change fundraising and other events they host. recent Congressional failures and scan- the fact that the largest number of ear- the bill also would require greater dis- dals, which I need not chronicle here. marks have still occurred in the last closure from both lobbyists, and Mem- We can begin to restore faith in this three years—2004, 2005, and 2006. bers and employees of Congress, of institution by divesting ourselves of Now, let us consider the level of fund- travel that is arranged or financed by a some of the perks and privileges that ing associated with those earmarks. lobbyist or his client. have somehow crept into public serv- The amount of earmarked funding in- To address the problem of the revolv- ice. Take, for example, free meals and creased from $23.2 billion in 1994 to $64 ing door between Government and the sports and entertainment tickets. The billion in FY 2006. Remarkably, it rose private sector, the bill would strength- American people have rightfully come by 34 percent from 2005 to 2006, even en the lobbying restrictions on former to see the abuse of such perks as a cor- though the number of earmarks de- senior members of the Executive rupting influence. In a string of guilty creased! Earmarked dollars have dou- Branch, former Members of Congress, pleas last year, several lobbyists, bled just since 2000, and more than tri- and former senior congressional staff. former congressional aides, and a con- pled in the last 10 years. This explosion It would require that Members publicly gressman admitted that such gifts were in earmarks led one lobbyist to deride disclose negotiations they are having used as bribes. Quite frankly, there is the appropriations committees as favor with prospective private employers to no good reason why Members of Con- factories. The time for us to fix this ensure there is no conflict of interests. gress and their staff cannot forgo such broken process is long overdue. The bill also would modify the provi- gifts from lobbyists. No one would seri- Mr. President, this past election, the sion in current law that exempts ously contend that they are necessary American people sent a clear message: former Federal employees who go to for us to conduct the people’s business. clean up the way business is done in work for Indian tribes as outside lobby- A total gift ban would go a long way our capitol. As faithful public servants, ists and agents from the revolving door towards restoring the public’s con- we are obligated to respond. Let us re- laws. fidence in us. spond meaningfully, to assure the The bill would prohibit all gifts from Another critical aspect requiring re- American people that we are here pro- lobbyists to lawmakers and their staff. form is the ability of a Member to trav- moting the interests of main street To ensure that such a ban is not cir- el on a corporate jet and only pay the over that of K Street, and that we are cumvented, the bill also would require rate of a first class plane ticket. This more interested in public service than Members of Congress and their staff to bill requires Senators and their em- the perks and privileges offered us. Let pay the fair market value for travel on ployees who use corporate or charter us also remind ourselves that we came private planes and the fair market aircraft to pay the fair market value here in the sincere belief that public value of sports and entertainment tick- for that travel. While I appreciate that service is a noble calling, a reward ets. Members and staff would also have such a change is not popular with some unto itself. to post the details of their privately- of my colleagues, the time has come to I therefore urge my colleagues in sponsored work trips on-line for public fundamentally change the way we do joining me on this bill. I think our Na- inspection. things in this town. Much of the public tion and this venerable institution will The bill would establish an inde- views our ability to travel on corporate be all the better for it. pendent, non-partisan Office of Public jets, often accompanied by lobbyists, Integrity. Armed with a number of in- while only reimbursing the first-class By Mr. CRAIG: vestigative tools, the Office of Public rate, as a huge loophole in the current S.J. Res. 1. A joint resolution pro- Integrity would investigate alleged gift rules. And they are right—it is. I posing an amendment to the Constitu- misconduct by Members and their staff have no doubt that the average Amer- tion of the United States relative to re- and make appropriate recommenda- ican would love to fly around the coun- quire a balanced budget and protect tions to the Senate Ethics Committee try on very comfortable corporate- Social Security surpluses; to the Com- for final disposition. owned aircraft and only be charged the mittee on the Judiciary. Finally, the bill would help us com- cost of a first-class ticket. It is a pret- Mr. CRAIG. Mr. President, today I bat wasteful, porkbarrel spending. It ty good deal we have got going here. am reintroducing the balanced budget
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00186 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S187 amendment to the Constitution of the other words, over the last several years proposed budget for the United States Gov- United States. I, for some years, along a balanced budget amendment would ernment for that fiscal year, in which total with my colleagues in a bipartisan not have deterred us from funding, as outlays do not exceed total receipts. way, have spoke to this issue. Today, appropriate and necessary, our engage- ‘‘SECTION 6. No bill to increase revenue shall become law unless approved by a ma- in a new year and in a new Congress, ment in Iraq and to make sure the men jority of the whole number of each House by Americans are eager to see a new direc- and women who are there on the front a rollcall vote. tion for our country. They have seen lines today are adequately provided ‘‘SECTION 7. The Congress may waive the Federal spending increase by $200 bil- with the necessary tools. provisions of this article for any fiscal year lion from fiscal years 2005 to 2006. They Thomas Jefferson said it so well, and in which a declaration of war is in effect. have watched the Federal deficit swell he said this: The provisions of this article may be waived for any fiscal year in which the United into hundreds of billions of dollars, and . . .with respect to future debt, would it not States is engaged in military conflict which they have borne the costs. Our spend- be wise and just for that nation to declare in causes an imminent and serious military ing system is broken and, in my opin- the constitution they are forming that nei- threat to national security and is so declared ther the legislature, nor the nation itself can ion, so is our Tax Code. by a joint resolution, adopted by a majority validly contract more debt than they may The new year is a time for new solu- of the whole number of each House, which pay? tions to this problem. When new solu- becomes law. tions that draw upon old principles of His logic is simple. His logic is right. ‘‘SECTION 8. The Congress shall enforce and limited government and fiscal respon- I urge you to join me in making fiscal implement this article by appropriate legis- sibility and tax simplicity and fairness responsibility constitutionally accept- lation, which may rely on estimates of out- are how you approach a problem, I able—and a habit—of this Nation’s lays and receipts. think Americans once again will listen, Capitol. ‘‘SECTION 9. This article shall take effect and they will allow us to build a sys- With the first piece of legislation I the second fiscal year beginning after its ratification.’’. tem that increasingly builds faith, introduce to the 110th Congress, I call once again, with the American people on the Senate to pass a balanced budg- f and America’s taxpayers. It is simply et amendment to the Constitution, a SUBMITTED RESOLUTIONS getting back to basics. We must look bill of economic rights for our future at the big picture of Federal spending and our children. as a crisis in our country and begin to I ask unanimous consent that a copy SENATE RESOLUTION 1—INFORM- speak the language that is funda- of this joint resolution proposing a bal- ING THE PRESIDENT OF THE mental to reform in itself, not instead anced budget amendment to the Con- UNITED STATES THAT A of half measures or bits or pieces or stitution be printed in the RECORD. QUORUM OF EACH HOUSE IS AS- nibbling around the edges. But as both Mr. CRAIG. Mr. President, I ask SEMBLED of our leaders have spoken in the last unanimous consent that the text of the hour to bipartisan efforts, they speak joint resolution be printed in the Mr. REID (for himself and Mr. of bold strokes to solving problems for RECORD. MCCONNELL) submitted the following America, and I think that is what There being no objection, the text of resolution; which was considered and Americans expect of us as their lead- the joint resolution was ordered to be agreed to: ers. We must look at it simply and re- printed in the RECORD, as follows: S. RES. 1 duce the deficit—I would hope we could S.J. RES. 1 Resolved, That a committee consisting of eliminate it—and to do so with a Tax Resolved by the Senate and House of Rep- two Senators be appointed to join such com- Code that is fairer, more balanced, cer- resentatives of the United States of America in mittee as may be appointed by the House of tainly simpler, and not so complex that Congress assembled, That the following article Representatives to wait upon the President the American taxpayers collectively is proposed as an amendment to the Con- of the United States and inform him that a have to spend billions of dollars a year stitution of the United States, which shall be quorum of each House is assembled and that the Congress is ready to receive any commu- simply in complying with the Tax Code valid to all intents and purposes as part of the Constitution when ratified by the legis- nication he may be pleased to make. itself. latures of three-fourths of the several States f In the coming months, I will address within seven years after the date of its sub- all three components of the Federal mission by the Congress: SENATE RESOLUTION 2—INFORM- spending crisis, including a flat tax and ‘‘ARTICLE— ING THE HOUSE OF REPRESENT- a budget process that reforms what we ‘‘SECTION 1. Total outlays for any fiscal ATIVES THAT A QUORUM OF THE get done here, and that we get it done year shall not exceed total receipts for that SENATE IS ASSEMBLED in a timely manner. I begin with a bal- fiscal year, unless three-fifths of the whole anced budget amendment to the United number of each House of Congress shall pro- Mr. REID (for himself and Mr. States Constitution. For many Ameri- vide by law for a specific excess of outlays MCCONNELL) submitted the following cans, one of the signs of our deep re- over receipts by a rollcall vote. resolution; which was considered and spect for the Constitution is to ac- ‘‘SECTION 2. Total receipts shall include all agreed to: receipts of the United States Government ex- knowledge that, in exceptional cases, a S. RES. 2 cept those derived from borrowing. Total , That the Secretary inform the problem finally rises to a level that it outlays shall include all outlays of the Resolved House of Representatives that a quorum of can only be addressed through a con- United States Government except for those the Senate is assembled, and that the Senate stitutional adjustment in our govern- for repayment of debt principal. is ready to proceed to business. ment. ‘‘SECTION 3. Any surplus of receipts (includ- I believe spending is at that crisis ing attributable interest) over outlays of the f level and we here, Democrat and Re- Federal Old-Age and Survivors Insurance and publican, have demonstrated our in- the Federal Disability Insurance Trust SENATE RESOLUTION 3—TO ELECT ability to deal with it in a timely and Funds shall not be counted for purposes of ROBERT C. BYRD, A SENATOR responsible fashion. So it is time we this article. Any deficit of receipts (includ- FROM THE STATE OF WEST VIR- ing attributable interest) relative to outlays act. My balanced budget amendment GINIA, TO BE PRESIDENT PRO of the Federal Old-Age and Survivors Insur- TEMPORE OF THE SENATE OF would require Congress to pass a bal- ance and the Federal Disability Insurance anced budget every year to ensure that Trust Funds shall be counted for purposes of THE UNITED STATES Social Security surpluses are set aside this article, and must be completely offset Mr. REID (for himself and Mr. exclusively to meet the future needs of by a surplus of all other receipts over all MCCONNELL) submitted the following beneficiaries and to require a super- other outlays. resolution; which was considered and majority in both the House and the ‘‘SECTION 4. The limit on the debt of the agreed to: Senate to raise the Nation’s debt limit. United States held by the public shall not be increased, unless three-fifths of the whole S. RES. 3 In addition, it recognizes that national number of each House shall provide by law Resolved, That Robert C. Byrd, a Senator security is a priority of this Congress for such an increase by a rollcall vote. from the State of West Virginia, be, and he by providing essential exceptions for ‘‘SECTION 5. Prior to each fiscal year, the is hereby, elected President of the Senate war and imminent military threats. In President shall transmit to the Congress a pro tempore.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00187 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S188 CONGRESSIONAL RECORD — SENATE January 4, 2007 SENATE RESOLUTION 4—NOTI- S. RES. 8 resolution; which was considered and FYING THE PRESIDENT OF THE Resolved, That Nancy Erickson of South agreed to: UNITED STATES OF THE ELEC- Dakota be, and she is hereby, elected Sec- S. RES. 13 retary of the Senate. TION OF A PRESIDENT PRO TEM- Resolved, That the House of Representa- PORE f tives be notified of the election of the Honor- Mr. REID (for himself and Mr. able Terrance W. Gainer as Sergeant at Arms SENATE RESOLUTION 9—NOTI- and Doorkeeper of the Senate. MCCONNELL) submitted the following FYING THE PRESIDENT OF THE f resolution; which was considered and UNITED STATES OF THE ELEC- agreed to: TION OF THE SECRETARY OF SENATE RESOLUTION 14—ELECT- S. RES. 4 THE SENATE ING MARTIN P. PAONE OF VIR- Resolved, That the President of the United GINIA AS SECRETARY FOR THE Mr. REID (for himself and Mr. States be notified of the election of the Hon- MAJORITY OF THE SENATE orable Robert C. Byrd as President of the MCCONNELL) submitted the following Senate pro tempore. resolution; which was considered and Mr. REID submitted the following resolution; which was considered and f agreed to: S. RES. 9 agreed to: SENATE RESOLUTION 5—NOTI- S. RES. 14 FYING THE HOUSE OF REP- Resolved, That the President of the United States be notified of the election of the Hon- Resolved, That Martin P. Paone of Virginia RESENTATIVES OF THE ELEC- orable Nancy Erickson as Secretary of the be, and he is hereby, elected Secretary for TION OF A PRESIDENT PRO TEM- Senate. the Majority of the Senate. PORE f f Mr. REID (for himself and Mr. SENATE RESOLUTION 10—NOTI- SENATE RESOLUTION 15—ELECT- MCCONNELL) submitted the following ING DAVID J. SCHIAPPA OF resolution; which was considered and FYING THE HOUSE OF REP- RESENTATIVES OF THE ELEC- MARYLAND AS SECRETARY FOR agreed to: THE MINORITY OF THE SENATE S. RES. 5 TION OF A SECRETARY OF THE Mr. MCCONNELL submitted the fol- Resolved, That the House of Representa- SENATE lowing resolution; which was consid- tives be notified of the election of the Honor- Mr. REID (for himself and Mr. ered and agreed to: able Robert C. Byrd as President of the Sen- MCCONNELL) submitted the following ate pro tempore. resolution; which was considered and S. RES 15 f agreed to: Resolved, That David J. Schiappa of Mary- land be, and he is hereby, elected Secretary S. RES. 10 SENATE RESOLUTION 6—EXPRESS- for the Minority of the Senate. ING THE THANKS OF THE SEN- Resolved, That the House of Representa- f ATE TO THE HONORABLE TED tives be notified of the election of the Honor- STEVENS FOR HIS SERVICE AS able Nancy Erickson as Secretary of the Sen- SENATE RESOLUTION 16—TO MAKE PRESIDENT PRO TEMPORE OF ate. EFFECTIVE APPOINTMENT OF THE UNITED STATES SENATE f THE SENATE LEGAL COUNSEL AND TO DESIGNATE SENATOR SENATE RESOLUTION 11—ELECT- Mr. REID (for himself and Mr. STEVENS AS PRESIDENT PRO ING TERRANCE W. GAINER AS MCCONNELL) submitted the following TEMPORE EMERITUS OF THE THE SERGEANT AT ARMS AND resolution; which was considered and UNITED STATES SENATE DOORKEEPER OF THE SENATE agreed to: Mr. MCCONNELL (for himself and S. RES. 16 Mr. REID (for himself and Mr. Mr. REID) submitted the following reso- Resolved, That the appointment of Morgan MCCONNELL) submitted the following lution; which was considered and J. Frankel to be Senate Legal Counsel made resolution; which was considered and agreed to: by the President pro tempore this day is ef- agreed to: fective as of January 3, 2007, and the term of S. RES. 6 S. RES. 11 service of the appointee shall expire at the Resolved, That the United States Senate end of the One Hundred Eleventh Congress. expresses its deepest gratitude to Senator Resolved, That Terrance W. Gainer of Illi- Ted Stevens for his dedication and commit- nois be, and he is hereby, elected Sergeant at f Arms and Doorkeeper of the Senate. ment during his service to the Senate as the SENATE RESOLUTION 17—TO MAKE President Pro Tempore. f EFFECTIVE APPOINTMENT OF Further, as a token of appreciation of the THE DEPUTY SENATE LEGAL Senate for his long and faithful service, Sen- SENATE RESOLUTION 12—NOTI- ator Ted Stevens is hereby designated Presi- FYING THE PRESIDENT OF THE COUNSEL dent Pro Tempore Emeritus of the United UNITED STATES OF THE ELEC- Mr. MCCONNELL (for himself and States Senate. TION OF A SERGEANT AT ARMS Mr. REID) submitted the following reso- f AND DOORKEEPER OF THE SEN- lution; which was considered and SENATE RESOLUTION 7—FIXING ATE agreed to: THE HOUR OF DAILY MEETING Mr. REID (for himself and Mr. S. RES. 17 OF THE SENATE MCCONNELL) submitted the following Resolved, That the appointment of Patricia Mack Bryan, of Virginia, to be Deputy Sen- Mr. REID (for himself and Mr. resolution; which was considered and agreed to: ate Legal Counsel made by the President pro MCCONNELL) submitted the following tempore this day is effective as of January 3, resolution; which was considered and S. RES. 12 2007, and the term of service of the appointee agreed to: Resolved, That the President of the United shall expire at the end of the One Hundred S. RES. 7 States be notified of the election of the Hon- Eleventh Congress. orable Terrance W. Gainer as Sergeant at Resolved, That the daily meeting of the f Arms and Doorkeeper of the Senate. Senate be 12 o’clock meridian unless other- SENATE RESOLUTION 18—EX- wise ordered. f PRESSING THE SENSE OF THE f SENATE RESOLUTION 13—NOTI- SENATE REGARDING DESIGNA- SENATE RESOLUTION 8—ELECTING FYING THE HOUSE OF REP- TION OF THE MONTH OF NOVEM- NANCY ERICKSON AS SEC- RESENTATIVES OF THE ELEC- BER ‘‘NATIONAL MILITARY FAM- RETARY OF THE SENATE TION OF A SERGEANT AT ARMS ILY MONTH’’ Mr. REID (for himself and Mr. AND DOORKEEPER OF THE SEN- Mr. REID (for Mr. INOUYE) submitted MCCONNELL) submitted the following ATE the following resolution; which was re- resolution; which was considered and Mr. REID (for himself and Mr. ferred to the Committee on armed agreed to: MCCONNELL) submitted the following Services:
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00188 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S189 S. RES. 18 Mr. MCCAIN, Mrs. MCCASKILL, Mr. Resolved, That the Senate notes with deep Whereas military families, through their MENENDEZ, Ms. MIKULSKI, Ms. Mur- sorrow and solemn mourning the death of sacrifices and their dedication to the United kowski, Mrs. MURRAY, Mr. NELSON of President Gerald Rudolph Ford. Resolved, That the Senate extends its States and its values, represent the bedrock Florida, Mr. NELSON of Nebraska, Mr. heartfelt sympathy to Mrs. Ford and the upon which the United States was founded OBAMA, Mr. PRYOR, Mr. REED, Mr. ROB- family of President Ford. and upon which the country continues to ERTS, Mr. ROCKEFELLER, Mr. SALAZAR, rely in these perilous and challenging times: Resolved, That the Senate honors and, on Mr. SANDERS, Mr. SCHUMER, Mr. SES- Now, therefore, be it behalf of the nation, expresses deep apprecia- Resolved, That— SIONS, Mr. SHELBY, Mr. SMITH, Ms. tion for President Ford’s outstanding and (1) it is the sense of the Senate that the SNOWE, Mr. SPECTER, Mr. STEVENS, Mr. important service to his country. month of November should be designated as SUNUNU, Mr. TESTER, Mr. THOMAS, Mr. Resolved, That the Senate directs the Sec- ‘‘National Military Family Month’’; and THUNE, Mr. VITTER, Mr. VOINOVICH, Mr. retary of the Senate to communicate these (2) the Senate encourages the people of the WARNER, Mr. WEBB, Mr. WHITEHOUSE, resolutions to the House of Representatives United States to observe ‘‘National Military and Mr. WYDEN) submitted the fol- and transmit a copy thereof to the family of Family Month’’ with appropriate ceremonies lowing resolution; which was ordered the former President. and activities. held at the desk: f Mr. INOUYE. Mr. President, today I S. RES. 19 SENATE RESOLUTION 20—RECOG- rise to honor all our military families Whereas Gerald Rudolph Ford, the 38th NIZING THE UNCOMMON VALOR by submitting a Resolution to des- President of the United States, was born on OF WESLEY AUTRY OF NEW ignate November as National Military July 14, 1913, in Omaha, Nebraska; YORK, NEW YORK Family Month. As we all know, memo- Whereas Gerald Ford was raised in Grand ries fade and the hardships experienced Rapids, Michigan, where he was active in the Mrs. CLINTON submitted the fol- by our military families are easily for- Boy Scouts and where he excelled as both a lowing resolution; which was referred student and an athlete during high school; to the Committee on the Judiciary: gotten unless they touch our own im- Whereas after graduating from high school, mediate family. Gerald Ford attended the University of S. RES. 20 Today, we have our men and women Michigan at Ann Arbor, where he played on Whereas Wesley Autry is a citizen of New deployed all over the world, engaged in the university’s national championship foot- York, New York; this war on terrorism. These far-rang- ball teams in 1932 and 1933, and was honored Whereas Wesley Autry is a veteran of the ing military deployments are ex- as the team’s most valuable player in 1934, United States Navy; Whereas Wesley Autry witnessed a fellow tremely difficult on the families who before graduating with a B.A. degree in 1935; Whereas Gerald Ford later attended Yale subway passenger suffer from a seizure and bear this heavy burden. Law School and earned an LL.B. degree in fall onto the train tracks; To honor these families, the Armed 1941, after which he began to practice law in Whereas Wesley Autry was compelled by Services YMCA has sponsored Military Grand Rapids; his belief that he should ‘‘do the right thing’’ Family Week in late November since Whereas Gerald Ford joined the United and serve as an example to his 2 young 1996. However, due to frequent ‘‘short States Naval Reserve in 1942 and served his daughters; week’’ conflicts around the Thanks- country honorably during World War II; Whereas Wesley Autry demonstrated un- giving holidays, the designated week Whereas upon returning from his service in common valor and tremendous bravery in the military, Gerald Ford ran for the United diving onto the train tracks to save the life has not always afforded enough time to States House of Representatives and was of his fellow subway passenger only moments schedule observances on and near our elected to Congress; before an incoming train passed over them; military bases. Whereas Gerald Ford served in the House Whereas the beneficiary of Wesley Autry’s I believe a month long observation of Representatives from January 1949 to De- courageous actions is now recovering at St. will allow greater opportunity to plan cember 1973, winning reelection 12 times, Luke’s Roosevelt Hospital Center, New York; events. Moreover, it will provide a each time with more than 60 percent of the Whereas Wesley Autry has conducted him- greater opportunity to stimulate media vote; self with the utmost humility in the midst of Whereas Gerald Ford served with great dis- support. his newfound fame; and tinction in Congress, in particular through Whereas Wesley Autry stands out as an ex- A resolution will help pave the way his service on the Defense Appropriations ample of selflessness to members of his com- for this effort. I ask my colleagues to Subcommittee, of which he rose to become munity, his state, and the Nation: Now, join me in supporting this tribute to ranking member in 1961; therefore, be it our military families. Whereas in addition to his work in the Resolved, That the Senate— House of Representatives, Gerald Ford f (1) recognizes that Wesley Autry acted he- served as a member of the Warren Commis- roically by putting his own life at risk to SENATE RESOLUTION 19—HON- sion, which investigated the assassination of save that of his fellow citizen; and ORING PRESIDENT GERALD RU- President John F. Kennedy; (2) expresses its deep appreciation for Wes- DOLPH FORD Whereas, in 1965, Gerald Ford was selected ley Autry’s example and the values that his as minority leader of the House of Rep- actions represent. Mr. REID (for himself, Mr. MCCON- resentatives, a position he held for 8 years; NELL, Ms. STABENOW, Mr. LEVIN, Mr. Whereas after the resignation of Vice f AKAKA, Mr. ALEXANER, Mr. ALLARD, President Spiro Agnew in 1973, Gerald Ford SENATE CONCURRENT RESOLU- Mr. BAUCUS, Mr. BAYH, Mr. BENNETT, was chosen by President Richard Nixon to TION 1—EXPRESSING THE SENSE serve as Vice President of the United States; Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, Whereas following the resignation of Presi- OF CONGRESS THAT AN ARTIS- Mrs. BOXER, Mr. BROWN, Mr. dent Nixon, Gerald Ford took the oath of of- TIC TRIBUTE TO COMMEMORATE BROWNBACK, Mr. BUNNING, Mr. BURR, fice as President of the United States on Au- THE SPEECH GIVEN BY PRESI- Mr. BYRD, Ms. CANTWELL, Mr. CARDIN, gust 9, 1974; DENT RONALD REAGAN AT THE Mr. CARPER, Mr. CASEY, Mr. Whereas upon assuming the presidency, BRANDENBURG GATE ON JUNE CHAMBLISS, Mrs. CLINTON, Mr. COBURN, Gerald Ford helped the nation heal from one 12, 1987, SHOULD BE PLACED Mr. COCHRAN, Mr. COLEMAN, Ms. COL- of the most difficult and contentious periods WITHIN THE UNITED STATES LINS, Mr. CONRAD, Mr. CORKER, Mr. in United States history, and restored public confidence in the country’s leaders; CAPITOL CORNYN, Mr. CRAIG, Mr. CRAPO, Mr. Whereas Gerald Ford’s basic human de- Mr. ALLARD submitted the fol- DEMINT, Mr. DODD, Mrs. DOLE, Mr. cency, his integrity, and his ability to work lowing concurrent resolution; which DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. cooperatively with leaders of all political was referred to the Committee on ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. parties and ideologies, earned him the re- Rules and Administration. FEINSTEIN, Mr. GRAHAM, Mr. GRASSLEY, spect and admiration of Americans through- Mr. GREGG, Mr. HAGEL, Mr. HARKIN, out the country; and S. CON. RES. 1 Mr. HATCH, Mrs. HUTCHISON, Mr. Whereas Gerald Ford was able to serve his Whereas the people of the United States INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. country with such great distinction in large successfully defended freedom and democ- part because of the continuing support of his racy for over 40 years in a global Cold War JOHNSON, Mr. KENNEDY, Mr. KERRY, Ms. widely admired wife, Elizabeth (Betty), who against an aggressive Communist tyranny; KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. also has contributed much to the nation in Whereas President Ronald Wilson Reagan’s LANDRIEU, Mr. LAUTENBERG, Mr. many ways, and of their 4 children, Michael, demonstration of unwavering personal con- LEAHY, Mr. LIEBERMAN, Mrs. LINCOLN, John, Steven, and Susan: Now, therefore, be viction during this conflict served to inspire Mr. LOTT, Mr. LUGAR, Mr. MARTINEZ, it millions of people throughout the United
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00189 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S190 CONGRESSIONAL RECORD — SENATE January 4, 2007 States and around the world to seek democ- Mr. ALLARD. Mr. President, finally, ing, from the Civil War, our westward racy, freedom, and greater individual lib- I would like to note that nearly 20 expansion, even the Moon landing and erty; and years ago, on June 12, 1987, President Challenger astronauts. I would like to Whereas President Reagan’s determined Ronald Reagan stood at the Berlin stand against the Soviet Union during his 8 also see Reagan at the Brandenburg years as President served as the catalyst for Wall, at the Brandenburg Gate, and Gate. I think it would be entirely ap- the collapse of the Soviet Union: Now, there- issued his—issued liberty’s—famous propriate to have this image added. It fore, be it challenge to Soviet tyranny: would be an important reminder of the Resolved by the Senate (the House of Rep- Mr. Gorbachev, tear down this Wall! resentatives concurring), That it is the sense I am submitting a resolution today struggle this Nation undertook. It of Congress that an artistic tribute to com- calling for an artistic rendering of that would stand for the millions of Ameri- memorate the speech given by President moment in time to be painted into the cans who did their part for nearly half Ronald Reagan at the Brandenburg Gate on a century in that struggle, both mili- June 12, 1987, during which he uttered the Capitol, along with the other signifi- immortal words, ‘‘Mr. Gorbachev, tear down cant scenes of our Nation’s past. As we tary and civilian. And it would testify this wall!’’, should be placed within the walk through the building today, we to the greatness of our Nation, and the United States Capitol. hcan see scenes from the Nation’s found- greatness of our 40th President. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION AND FORESTRY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Saxby Chambliss: Greenland ...... Krone ...... 46.75 ...... 46.75 Turkey ...... Lira ...... 462.00 ...... 462.00 Georgia ...... Lari ...... 99.10 ...... 99.10 Montenegro ...... Euro ...... 710.24 ...... 710.24 Italy ...... Euro ...... 81.48 ...... 3,290.59 ...... 3,372.07 Total ...... 1,399.57 ...... 3,290.59 ...... 4,690.16 SAXBY CHAMBLISS, Chairman, Committee on Agriculture, Nutrition and Forestry, Oct. 3, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Paul Gove: Kuwait ...... Dinar ...... 292.00 ...... 292.00 France ...... Euro ...... 1,470.00 ...... 1,470.00 United States ...... Dollar ...... 8,373.50 ...... 8,373.50 Tom Hawkins: Kuwait ...... Dinar ...... 292.00 ...... 292.00 France ...... Euro ...... 1,470.00 ...... 1,470.00 United States ...... Dollar ...... 8,373.50 ...... 8,373.50 James Hayes: United Kingdon ...... Pound ...... 302.75 ...... 27.26 ...... 330.01 France ...... Euro ...... 914.25 ...... 914.25 United States ...... Dollar ...... 1,322.70 ...... 1,322.70 Howard Sutton: United Kingdom ...... Pound ...... 302.75 ...... 39.26 ...... 342.01 France ...... Euro ...... 914.25 ...... 914.25 United States ...... Dollar ...... 1,322.70 ...... 1,322.70 Dennis Balkham: Belgium ...... Euro ...... 400.00 ...... 400.00 Romania ...... Lei ...... 202.00 ...... 202.00 Switzerland ...... Euro ...... 356.00 ...... 356.00 United States ...... Dollar ...... 6,480.96 ...... 6,480.96 Sean Knowles: Belgium ...... Euro ...... 400.00 ...... 400.00 Romania ...... Lei ...... 202.00 ...... 202.00 Switzerland ...... Euro ...... 356.00 ...... 356.00 United States ...... Dollar ...... 6,480.96 ...... 6,480.96 B.G. Wright: Belgium ...... Euro ...... 400.00 ...... 400.00 Romania ...... Lei ...... 202.00 ...... 202.00 Switzerland ...... Euro ...... 356.00 ...... 356.00 United States ...... Dollar ...... 6,480.96 ...... 6,480.96 Christina Evans: Belgium ...... Euro ...... 400.00 ...... 400.00 Romania ...... Lei ...... 202.00 ...... 202.00 Switzerland ...... Euro ...... 356.00 ...... 356.00 United States ...... Dollar ...... 6,480.96 ...... 6,480.96 Allen Cutler: China ...... Yuan ...... 906.00 ...... 906.00 United States ...... Dollar ...... 6,967.75 ...... 6,967.75 Michele Gordon: United States ...... Dollar ...... 2,300.00 ...... 2,300.00 Marshall Islands ...... Dollar ...... 1,200.00 ...... 1,200.00 Emily Brunini: United States ...... Dollar ...... 2,300.00 ...... 2,300.00 Marshall Islands ...... Dollar ...... 1,200.00 ...... 1,200.00 Sudip Parikh: China ...... Yuan ...... 1,573.63 ...... 72.00 ...... 1,645.63 United States ...... Dollar ...... 8,539.60 ...... 8,539.60
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00190 Fmt 0624 Sfmt 8634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S191 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006—Continued
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Bettilou Taylor: China ...... Yuan ...... 1,573.63 ...... 72.00 ...... 1,645.63 United States ...... Dollar ...... 8,539.60 ...... 8,539.60 Scott Dalzell: Marshall Islands ...... Dollar ...... 900.76 ...... 900.76 United States ...... Dollar ...... 3,114.90 ...... 3,114.90 Ellen Murray: China ...... Yuan ...... 1,573.63 ...... 1,5373.63 United States ...... Dollar ...... 8,539.60 ...... 8,539.60 Paul Carliner: China ...... Yuan ...... 906.76 ...... 906.76 United States ...... Dollar ...... 6,967.75 ...... 6,967.75 Erik Fatemi: China ...... Yuan ...... 1,573.63 ...... 1,573.63 United States ...... Dollar ...... 8,539.60 ...... 90.00 ...... 8,629.60 Adrienne Hallett: China ...... Yuan ...... 1,573.63 ...... 1,573.63 United States ...... Dollar ...... 8,539.60 ...... 8,539.60 Charles Houy: Phillipines ...... Peso ...... 846.00 ...... 846.00 United States ...... Dollar ...... 2,843.75 ...... 2,843.75 Senator Inouye: Phillipines ...... Peso ...... 846.00 ...... 846.00 United States ...... Dollar ...... 2,843.75 ...... 2,843.75 Jennifer Park: Kenya ...... Shillings ...... 1,440.00 ...... 1,440.00 Rwanda ...... Francs ...... 626.00 ...... 626.00 United States ...... Dollar ...... 8,144.27 ...... 8,144.27 Erik Fatemi: United Kingdom ...... Pound ...... 2,354.00 ...... 2,354.00 United States ...... Dollar ...... 2,160.54 ...... 2,160.54 ...... 0.00 Timothy Rieser: Colombia ...... Dollar ...... 708.00 ...... 92.00 ...... 800.00 United States ...... Dollar ...... 1,050.92 ...... 1,050.92 ...... 0.00 B.G. Wright: South Korea ...... Won ...... 1,158.00 ...... 1,158.00 United States ...... Dollar ...... 9,336.74 ...... 9,336.74 Total ...... 30,749.67 ...... 136,044.61 ...... 392.52 ...... 166,794.28 THAD COCHRAN, Chairman, Committee on Appropriations, Oct. 6, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator John Cornyn: United States ...... Dollar ...... 5,693.00 ...... 5,693.00 Brazil ...... Dollar ...... 288.00 ...... 288.00 Colombia ...... Dollar ...... 165.00 ...... 165.00 Russell J. Thomasson: United States ...... Dollar ...... 5,693.00 ...... 5,693.00 Brazil ...... Dollar ...... 288.00 ...... 288.00 Colombia ...... Dollar ...... 165.00 ...... 165.00 Senator Jack Reed: United States ...... Dollar ...... 7,546.16 ...... 7,546.16 Kuwait ...... Dollar ...... 311.00 ...... 311.00 Jordan ...... Dollar ...... 159.00 ...... 159.00 Elizabeth King: United States ...... Dollar ...... 7,546.16 ...... 7,546.16 Kuwait ...... Dollar ...... 313.00 ...... 313.00 Jordan ...... Dollar ...... 154.00 ...... 154.00 Gregory T. Kiley: United States ...... Dollar ...... 8,513.11 ...... 8,513.11 Kuwait ...... Dollar ...... 909.80 ...... 909.80 Afghanistan ...... Dollar ...... 4.00 ...... 4.00 Derek M. Maurer: United States ...... Dollar ...... 8,533.00 ...... 8,533.00 Kuwait ...... Dollar ...... 908.00 ...... 908.80 Afghanistan ...... Dollar ...... 4.00 ...... 4.00 Michael J. McCord: United States ...... Dollar ...... 8,533.00 ...... 8,533.00 Kuwait ...... Dollar ...... 853.00 ...... 853.00 Afghanistan ...... Dollar ...... 25.00 ...... 25.00 Senator John McCain: Greenland ...... Dollar ...... 46.75 ...... 46.75 Turkey ...... Dollar ...... 462.00 ...... 462.00 Georgia ...... Dollar ...... 77.70 ...... 77.70 Montenegro ...... Dollar ...... 331.42 ...... 331.42 Italy ...... Dollar ...... 206.79 ...... 206.79 Senator Lindsey O. Graham: Greenland ...... Dollar ...... 18.70 ...... 18.70 Turkey ...... Dollar ...... 349.00 ...... 349.00 Georgia ...... Dollar ...... 9.35 ...... 9.35 Montenegro ...... Dollar ...... 301.95 ...... 301.95 Italy ...... Dollar ...... 178.64 ...... 178.64 Richard H. Fontaine, Jr.: Greenland ...... Dollar ...... 274.00 ...... 274.00 Turkey ...... Dollar ...... 388.00 ...... 388.00 Georgia ...... Dollar ...... 375.00 ...... 375.00 Montenegro ...... Dollar ...... 615.00 ...... 615.00 Italy ...... Dollar ...... 423.00 ...... 423.00 Senator Jeff Sessions: United States ...... Dollar ...... 6,506.21 ...... 6,506.21 Belgium ...... Euro ...... 204.00 ...... 204.00
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00191 Fmt 0624 Sfmt 8634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S192 CONGRESSIONAL RECORD — SENATE January 4, 2007 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006—Continued
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
United Kingdom ...... Pound ...... 223.00 ...... 223.00 Archibald Galloway: United States ...... Dollar ...... 6,506.21 ...... 6,506.21 Belgium ...... Euro ...... 204.00 ...... 204.00 United Kingdom ...... Pound ...... 223.00 ...... 223.00 Total ...... 9,458.10 ...... 65,069.85 ...... 74,527.95 JOHN WARNER, Chairman, Committee on Armed Services, Oct. 30, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator James M. Inhofe: Ethiopia ...... Dollar ...... 265.71 ...... 265.71 Uganda ...... Dollar ...... 58.02 ...... 58.02 Italy ...... Dollar ...... 152.60 ...... 152.60 United States ...... Dollar ...... 7,205.66 ...... 7,205.66 John Bonsell: United States ...... Dollar ...... 6,670.66 ...... 6,670.66 Ethiopia ...... Dollar ...... 251.78 ...... 251.78 Uganda ...... Dollar ...... 654.39 ...... 654.39 Italy ...... Dollar ...... 141.33 ...... 141.33 Mark Powers: United States ...... Dollar ...... 6,690.66 ...... 6,690.66 Qatar ...... Dollar ...... 266.61 ...... 266.61 Ethiopia ...... Dollar ...... 243.83 ...... 243.83 Uganda ...... Dollar ...... 61.61 ...... 61.61 Italy ...... Dollar ...... 191.88 ...... 191.88 Total ...... 2,287.76 ...... 20,566.98 ...... 22,854.74 JOHN WARNER, Chairman, Committee on: Armed Services, Oct. 30, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Richard Shelby: United States ...... Dollar ...... 12,102.76 ...... 12,102.76 Japan ...... Yen ...... 1,692.00 ...... 1,692.00 China ...... Yuan ...... 1,538.00 ...... 1,538.00 Russia ...... Ruble ...... 1,976.00 ...... 1,976.00 Germany ...... Euro ...... 1,017.00 ...... 1,017.00 Belgium ...... Euro ...... 509.00 ...... 509.00 United Kingdom ...... Pound ...... 2,409.00 ...... 2,409.00 William D. Duhnke: United States ...... Dollar ...... 12,102.76 ...... 12,102.76 Japan ...... Yen ...... 830.00 ...... 830.00 China ...... Yuan ...... 1,002.00 ...... 1,002.00 Russia ...... Ruble ...... 1,395.00 ...... 1,395.00 Germany ...... Euro ...... 701.00 ...... 701.00 Belgium ...... Euro ...... 347.00 ...... 347.00 United Kingdom ...... Pound ...... 1,712.00 ...... 1,712.00 Steven B. Harris: United States ...... Dollar ...... 12,102.76 ...... 12,102.76 Japan ...... Yen ...... 1,180.00 ...... 1,180.00 China ...... Yuan ...... 1,073.00 ...... 1,073.00 Russia ...... Ruble ...... 1,379.00 ...... 1,379.00 Germany ...... Euro ...... 678.00 ...... 678.00 Belgium ...... Euro ...... 355.00 ...... 355.00 United Kingdom ...... Pound ...... 1,681.00 ...... 1,681.00 Total ...... 21,474.00 ...... 36,308.28 ...... 57,782.28 RICHARD C. SHELBY, Chairman, Committee on Banking, Housing, and Urban Affairs, Oct. 18, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Scott Gudes: United States ...... Dollar ...... 2,259.00 ...... 2,259.00 Honduras ...... Dollar ...... 50.00 ...... 50.00 Nicaragua ...... Dollar ...... 146.00 ...... 146.00 El Salvador ...... Dollar ...... 571.00 ...... 571.00 Cheryl Reidy: United States ...... Dollar ...... 2,259.00 ...... 2,259.00
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00192 Fmt 0624 Sfmt 8634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S193 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006—Continued
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Honduras ...... Dollar ...... 50.00 ...... 50.00 Nicaragua ...... Dollar ...... 146.00 ...... 146.00 El Salvador ...... Dollar ...... 571.00 ...... 571.00 Michael Lofgren: United States ...... Dollar ...... 7,277.80 ...... 7,277.80 Norway ...... Kroner ...... 748.00 ...... 748.00 Germany ...... Euro ...... 1,072.00 ...... 1,072.00 Total ...... 3,354.00 ...... 11,795.80 ...... 15,149.80 JUDD GREGG, Chairman, Committee on U.S. Senate Budget Committee, Oct. 2, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator David Vitter: United States ...... Dollar ...... 6,754.82 ...... 6,754.82 Kuwait ...... Dinar ...... 406.00 ...... 406.00 France ...... Euro ...... 205.00 ...... 369.89 ...... 574.89 Tonya Newman: United States ...... Dollar ...... 6,754.82 ...... 6,754.82 Kuwait ...... Dinar ...... 406.00 ...... 406.00 France ...... Euro ...... 205.00 ...... 369.89 ...... 574.89 Justin Crossie: United States ...... Dollar ...... 6,754.82 ...... 6,754.82 Kuwait ...... Dinar ...... 406.00 ...... 406.00 France ...... Euro ...... 205.00 ...... 369.89 ...... 574.89 Marie Blanco: United States ...... Dollar ...... 2,217.50 ...... 2,217.50 Philippines ...... Peso ...... 774.00 ...... 774.00 Total ...... 2,607.00 ...... 22,481.96 ...... 1,109.67 ...... 26,198.63 TED STEVENS, Chairman, Committee on Commerce, Science and Transportation, Oct. 11, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY & NATURAL RESOURCES FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Joshua Johnson: United States ...... Dollar ...... 3,125.27 ...... 3,125.27 Marshall Islands ...... Dollar ...... 1,200.00 ...... 1,200.00 Allen Stayman: United States ...... Dollar ...... 2,989.79 ...... 2,989.79 Marshall Islands ...... Dollar ...... 1,016.73 ...... 1,016.73 Total ...... 2,216.73 ...... 6,115.06 ...... 8,331.79 PETE V. DOMENICI, Chairman, Committee on Energy & Natural Resources, Sept. 18, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, AMENDED FROM 1ST QUARTER, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator John F. Kerry: India ...... Rupeer ...... 2,495.00 ...... 2,495.00 Nancy Stetson: India ...... Rupee ...... 2,495.00 ...... 2,495.00 Total ...... 4,990.00 ...... 4,990.00 RICHARD G. LUGAR, Chairman, Committee on Foreign Relatins, Oct. 16, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Joseph R. Biden, Jr.: Kuwait ...... Dollar ...... 406.00 ...... 406.00
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00193 Fmt 0624 Sfmt 8634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S194 CONGRESSIONAL RECORD — SENATE January 4, 2007 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006—Continued
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Jordan ...... Dollar ...... 289.00 ...... 289.00 United States ...... Dollar ...... 7,815.00 ...... 7,815.00 Senator Richard Lugar: Poland ...... Dollar ...... 1,000.00 ...... 1,000.00 Kazakhstan ...... Dollar ...... 400.00 ...... 400.00 Azerbaijian ...... Dollar ...... 400.00 ...... 400.00 Georgia ...... Dollar ...... 400.00 ...... 400.00 Albania ...... Dollar ...... 200.00 ...... 200.00 United Kingdom ...... Dollar ...... 300.00 ...... 300.00 United States ...... Dollar ...... 3,697.57 ...... 3,697.57 Senator Mel Martinez: Greenland ...... Dollar ...... 53.80 ...... 53.80 Turkey ...... Dollar ...... 462.00 ...... 462.00 Georgia ...... Dollar ...... 58.30 ...... 58.30 Montenegro ...... Dollar ...... 541.55 ...... 541.55 Italy ...... Dollar ...... 372.13 ...... 372.13 Senator Barack Obama: South Africa ...... Rand ...... 664.00 ...... 664.00 Kenya ...... Shilling ...... 715.00 ...... 185.00 ...... 900.00 Djibouti ...... Franc ...... 378.00 ...... 378.00 Chad ...... CFA ...... 492.00 ...... 492.00 United States ...... Dollar ...... 7,667,83 ...... 7,667.83 Senator John Sununu: Georgia ...... Dollar ...... 29.51 ...... 29.51 Montenegro ...... Dollar ...... 773.94 ...... 773.94 Italy ...... Dollar ...... 385.84 ...... 385.84 United States ...... Dollar ...... 549.93 ...... 549.93 Jonah Blank: Afghanistan ...... Dollar ...... 591.00 ...... 591.00 Tajikistan ...... Dollar ...... 582.00 ...... 582.00 Kazakhstan ...... Dollar ...... 340.00 ...... 340.00 United Arab Emirates ...... Dollar ...... 336.00 ...... 336.00 United States ...... Dollar ...... 8,636.29 ...... 8,636.29 Jonah Blank: Vietnam ...... Dollar ...... 2,613.00 ...... 2,613.00 Cambodia ...... Dollar ...... 636.00 ...... 598.90 ...... 63.00 ...... 1,297.00 United States ...... Dollar ...... 7,686.00 ...... 7,686.00 Anthony Blinken: Kuwait ...... Dollar ...... 406.00 ...... 406.00 Jordan ...... Dollar ...... 289.00 ...... 289.00 United States ...... Dollar ...... 7,442.00 ...... 7,442.00 Perry Cammack: Israel ...... Dollar ...... 2,382.00 ...... 2,382.00 United States ...... Dollar ...... 3,683.00 ...... 3,683.00 Heather Flynn: Zimbabwe ...... Dollar ...... 915.00 ...... 915.00 South Africa ...... Rand ...... 1,330.00 ...... 1,330.00 Botswana ...... Pula ...... 920.00 ...... 920.00 United States ...... Dollar ...... 10,269.00 ...... 10,269.00 James Greene: Belgium ...... Euro ...... 645.00 ...... 645.00 United States ...... Dollar ...... 7,154.74 ...... 7,154.74 Frank Jannuzzi: South Korea ...... Won ...... 1,544.00 ...... 1,544.00 China ...... Yuan ...... 921.00 ...... 921.00 United States ...... Won ...... 6,015.32 ...... 6,015.32 Mark Lippert: South Africa ...... Rand ...... 664.00 ...... 664.00 Kenya ...... Shilling ...... 888.00 ...... 185.00 ...... 1,073.00 Djibouti ...... Franc ...... 378.00 ...... 0.00 ...... 378.00 Chad ...... CFA ...... 492.00 ...... 492.00 United States ...... Dollar ...... 0.00 ...... 7,047.83 ...... 7,047.83 W. Keith Luse: Idonesia ...... Rupiah ...... 1,687.00 ...... 0.00 ...... 1,687.00 Singapore ...... Dollar ...... 286.00 ...... 286.00 United States ...... Dollar ...... 0.00 ...... 3,031.00 ...... 3,031.00 Kenneth A. Myers, Jr.: Portland ...... Dollar ...... 200.00 ...... 200.00 Kazakhstan ...... Dollar ...... 400.00 ...... 400.00 Azerbaijan ...... Dollar ...... 400.00 ...... 400.00 Georgia ...... Dollar ...... 400.00 ...... 400.00 Albania ...... Dollar ...... 200.00 ...... 200.00 United Kingdom ...... Dollar ...... 300.00 ...... 300.00 United States ...... Dollar ...... 0.00 ...... 7,022.03 ...... 7,022.03 Kenneth A. Myers, III: Poland ...... Dollar ...... 200.00 ...... 0.00 ...... 200.00 Kazakhstan ...... Dollar ...... 400.00 ...... 400.00 Azerbaijan ...... Dollar ...... 400.00 ...... 400.00 Georgia ...... Dollar ...... 400.00 ...... 400.00 Albania ...... Dollar ...... 200.00 ...... 200.00 United Kingdom ...... Dollar ...... 300.00 ...... 300.00 United States ...... Dollar ...... 0.00 ...... 7,670.48 ...... 7,670.48 Michael V. Phelan: Afghanistan ...... Afghani ...... 1,287.00 ...... 1,287.00 Pakistan ...... Rupee ...... 927.00 ...... 927.00 United States ...... Dollar ...... 8,408.44 ...... 8,408.00 Jordan Lee Talge: China ...... Yuan ...... 2,054.75 ...... 2,054.75 Puneet Talwar: Kuwait ...... Dollar ...... 406.00 ...... 406.00 Jordan ...... Dollar ...... 289.00 ...... 289.00 United States ...... Dollar ...... 7,442.00 ...... 7,442.00 Puneet Talwar: Cyprus ...... Dollar ...... 327.00 ...... 327.00 Lebanon ...... Dollar ...... 94.00 ...... 94.00 Israel ...... Dollar ...... 1,385.00 ...... 1,385.00 United States ...... Dollar ...... 5,807.60 ...... 5,807.60 Tomicah Tillemann: Serbia ...... Dinar ...... 322.00 ...... 322.00 Bosnia ...... Dollar ...... 602.00 ...... 602.00 Serbia ...... Dollar ...... 424.00 ...... 424.00 Chris Ann Keehner: Kenya ...... Dollar ...... 1,941.00 ...... 1,941.00 United States ...... Dollar ...... 9,321.00 ...... 9,321.00
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00194 Fmt 0624 Sfmt 8634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S195 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006—Continued
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Total ...... 41,024.82 ...... 127,335.96 ...... 63.00 ...... 168,423.78 RICHARD G. LUGAR, Chairman, Committee on Foreign Relations, Oct. 16, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Tom Coburn: United States ...... Dollar ...... 6,862.82 ...... 6,862.82 Kuwait ...... Dinar ...... 272.00 ...... 272.00 Leland Erickson: United States ...... Dollar ...... 691.62 ...... 691.62 United Kingdom ...... Pound ...... 1,060.00 ...... 1,060.00 Belgium ...... Euro ...... 800.00 ...... 800.00 Netherlands ...... Euro ...... 400.00 ...... 400.00 Robert Strayer: United States ...... Dollar ...... 711.62 ...... 711.62 United Kingdom ...... Pound ...... 1,000.00 ...... 282.00 ...... 1,282.00 Belgium ...... Euro ...... 760.00 ...... 760.00 Netherlands ...... Euro ...... 375.00 ...... 375.00 Jason Yanussi: United States ...... Dollar ...... 711.62 ...... 711.62 United Kingdom ...... Pound ...... 1,010.09 ...... 282.00 ...... 1,292.09 Belgium ...... Euro ...... 776.74 ...... 22.08 ...... 798.82 Netherlands ...... Euro ...... 367.71 ...... 367.71 Total ...... 6,821.54 ...... 9,563.76 ...... 16,385.30 SUSAN M. COLLINS, Chairman, Committee on Homeland Security and Governmental Affairs Committee, Oct. 10, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON JUDICIARY FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Arlen Specter: Nepal ...... Rupee ...... 287.46 ...... 287.46 Bhutan ...... Ngultrum ...... 545.86 ...... 545.86 Kuwait ...... Dinar ...... 406.00 ...... 406.00 Israel ...... New Shekel ...... 588.41 ...... 588.41 Libya ...... Dinar ...... 528.58 ...... 528.58 Ireland ...... Euro ...... 179.76 ...... 179.76 Christopher Bradish: Nepal ...... Rupee ...... 397.00 ...... 397.00 Bhutan ...... Ngultrum ...... 587.00 ...... 587.00 Kuwait ...... Dinar ...... 421.00 ...... 421.00 Israel ...... New Shekel ...... 810.00 ...... 810.00 Libya ...... Dinar ...... 725.00 ...... 725.00 Ireland ...... Euro ...... 283.00 ...... 283.00 Total ...... 5,759.07 ...... 5,759.07 ARLEN SPECTER, Chairman, Committee on Judiciary, Nov. 9, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Michael B. Enzi: Italy ...... Euros ...... 909.99 ...... 909.99 Kuwait ...... Dinar ...... 406.00 ...... 406.00 India ...... Rupee ...... 2,108.07 ...... 2,108.07 Austria ...... Euros ...... 423.12 ...... 423.12 Senator Lamar Alexander: Italy ...... Euros ...... 909.99 ...... 909.99 Kuwait ...... Dinar ...... 406.00 ...... 406.00 India ...... Rupee ...... 2,108.07 ...... 2,108.07 Austria ...... Euros ...... 423.12 ...... 423.12 Senator Johnny Isakson: Italy ...... Euros ...... 909.99 ...... 909.99 Kuwait ...... Dinar ...... 406.00 ...... 406.00 India ...... Rupee ...... 2,108.07 ...... 2,108.07 Austria ...... Euros ...... 423.12 ...... 423.12 Katherine B. McGuire: United States ...... Dollar ...... 909.47 ...... 909.47 Italy ...... Euros ...... 1,127.99 ...... 1,127.99 Kuwait ...... Dinar ...... 406.00 ...... 406.00
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00195 Fmt 0624 Sfmt 8634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S196 CONGRESSIONAL RECORD — SENATE January 4, 2007 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006—Continued
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
India ...... Rupee ...... 2,108.07 ...... 2,108.07 Austria ...... Euros ...... 423.12 ...... 423.12 David P. Cleary: United States ...... Dollar ...... 10,358.73 ...... 10,358.73 Italy ...... Euros ...... 909.99 ...... 909.99 India ...... Rupee ...... 2,108.07 ...... 2,108.07 Austria ...... Euros ...... 423.12 ...... 423.12 Beth B. Buehlmann: United States ...... Dollar ...... 10,358.73 ...... 10,358.73 Italy ...... Euros ...... 909.99 ...... 909.99 India ...... Rupee ...... 2,108.07 ...... 2,108.07 Austria ...... Euros ...... 423.12 ...... 423.12 Glee C. Smith: United States ...... Dollar ...... 10,358.73 ...... 10,358.73 Italy ...... Euros ...... 909.99 ...... 909.99 India ...... Rupee ...... 2,108.07 ...... 2,108.07 Austria ...... Euros ...... 423.11 ...... 423.11 Delegation Expenses: Italy ...... Euros ...... 1,905.49 ...... 1,905.49 Kuwait ...... Dinar ...... 1,460.20 ...... 1,460.20 Sri Lanka ...... Rupee ...... 3,835.00 ...... 3,835.00 India ...... Rupee ...... 28,153.03 ...... 28,153.03 Austria ...... Euros ...... 4,427.62 ...... 4,427.62 Charlotte S. Ivancic: United States ...... Dollar ...... 862.27 ...... 862.27 United Kingdom ...... Pound ...... 1,539.00 ...... 1,539.00
Total ...... 27,469.25 ...... 32,847.93 ...... 39,781.34 ...... 100,098.52 MICHAEL B. ENZI, Chairman, Committee on Health, Education, Labor, and Pensions, Aug. 16, 2006
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Richard Burr: United States ...... Dollar ...... 2,294.50 ...... 2,294.50 Georgia ...... Lari ...... 375.00 ...... 375.00 Montenegro ...... Euros ...... 615.00 ...... 615.00 Italy ...... Euros ...... 423.00 ...... 423.00
Total ...... 1,413.00 ...... 2,294.50 ...... 3,707.50 MICHAEL B. ENZI, Chairman, Committee on Health, Education, Labor, and Pensions, Oct. 3, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS’ AFFAIRS FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Richard Burr:. United States ...... Dollar ...... 6,734.82 ...... 6,734.82 France ...... Euro ...... 205.00 ...... 205.00 Kuwait ...... Dinar ...... 406.00 ...... 406.00 Kevin Hernandez: United States ...... Dollar ...... 6,734.82 ...... 6,734,82 France ...... Euro ...... 205.00 ...... 205.00 Kuwait ...... Dinar ...... 406.00 ...... 406.00
Total ...... 1,222.00 ...... 13,469.64 ...... 14,691.64 LARRY E. CRAIG, Chairman, Committee on Veterans’ Affairs, Oct. 6, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
William Castle ...... 201.62 ...... 201.62
Total ...... 201.62 ...... 201.62 PAT ROBERTS, Chairman, Committee on Intelligence, Oct. 24, 2006.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00196 Fmt 0624 Sfmt 8634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S197 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Randall Bookout: ...... 2,596.00 ...... 2,596.00 Dollar ...... 6,395.00 ...... 6,395.00 Lorenzo Goco: ...... 1,976.00 ...... 1,976.00 Dollar ...... 7,151.43 ...... 7,151.43 Senator Christopher Bond: ...... 1,332.00 ...... 1,332.00 Dollar ...... 100.00 ...... 100.00 Dollar ...... 8,433.92 ...... 8,433.92 Louis Tucker: ...... 1,332.00 ...... 1,332.00 Dollar ...... 7,865.07 ...... 7,865.07 Mike DuBois: ...... 1,382.00 ...... 1,382.00 Dollar ...... 7,865.07 ...... 7,865.07 Eric Rosenbach: ...... 895.27 ...... 895.27 Dollar ...... 98.94 ...... 98.94 Dollar ...... 8,275.26 ...... 8,275.26 Thomas Pack: ...... 1,327.10 ...... 1,372.10 Dollar ...... 8,275.26 ...... 8,275.26 Paul Matulic: ...... 1,477.95 ...... 1,477.95 Dollar ...... 8,275.26 ...... 8,275.26 Jennifer Wagner: ...... 1,286.20 ...... 1,286.20 Dollar ...... 8,275.26 ...... 8,275.26 John Maguire: ...... 1,881.00 ...... 1,881.00 Dollar ...... 6,737.36 ...... 6,737.36 John Dickas: ...... 1,562.17 ...... 1,562.17 Dollar ...... 6,737.49 ...... 6,737.49 Todd Rosenblum: ...... 1,907.00 ...... 1,907.00 Dollar ...... 6,757.00 ...... 6,757.00 Total ...... 18,954.69 ...... 91,043.38 ...... 198.94 ...... 110.197.01 PAT ROBERTS Chairman, Committee on Intelligence, Oct. 24, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM JULY 1 TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Mark Kearney: United States ...... Dollar ...... 2,665.46 ...... 2,665.46 Macedonia ...... Dinar ...... 865.30 ...... 865.30 Knox Thames: United States ...... Dollar ...... 1,640.90 ...... 1,640.90 Canada ...... Dollar ...... 74.00 ...... 74.00 Ronald McNamara: United States ...... Dollar ...... 1,640.90 ...... 1,640.90 Canada ...... Dollar ...... 90.00 ...... 90.00 Chadwick Gore: United States ...... Dollar ...... 5,706.83 ...... 5,706.83 Austria ...... Euro ...... 574.00 ...... 574.00 Sean Woo: United States ...... Dollar ...... 5,598.08 ...... 5,598.08 South Korea ...... Won ...... 1,950.00 ...... 1,950.00 Total ...... 3,553.30 ...... 17,252.17 ...... 20,805.47 SAM BROWNBACK, Chairman, Commission on Security and Cooperation in Europe, Nov. 25, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), OFFICE OF THE PRESIDENT PRO TEMPORE FOR TRAVEL FROM JULY 1, TO SEPT. 30, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Ted Stevens: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Sid Ashworth: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Brian Wilson: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Brian Potts: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Clayton Heil: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Charlie Houy: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Betsey Schmid: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Keith Kennedy: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Senator James Inhofe: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Kay Webber: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Senator Thad Cochran: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 John Eisold United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Anne Caldwell: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Senator Richard Shelby: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00197 Fmt 0624 Sfmt 8634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S198 CONGRESSIONAL RECORD — SENATE January 4, 2007 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), OFFICE OF THE PRESIDENT PRO TEMPORE FOR TRAVEL FROM JULY 1, TO SEPT. 30, 2006—Continued
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Pat Roberts: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Terry Sauvin: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Stewart Holmes: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 DeLynn Henry: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Dave Schiappa: United Kingdom ...... Pounds ...... 2,314.36 ...... 2,314.36 Total ...... 43,972.84 ...... 43,972.84 TED STEVENS, Chairman, Office of the President Pro Tempore, Oct. 13, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), MAJORITY LEADER FOR TRAVEL FROM AUG. 5 TO AUG. 13, 2006.
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Anna M. Gallagher China ...... Yuan ...... 2,054.75 ...... 2,054.75 Total ...... 2,054.75 ...... 2,054.75 WILLIAM H. FRIST, Majority Leader, Oct. 19, 2006.
CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), PRESIDENT PRO TEMPORE FOR TRAVEL FROM AUG. 5 TO AUG. 13, 2006
Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency
Senator Ted Stevens: China ...... Yuan ...... 2,054.75 ...... 2,054.75 Senator Daniel Inouye: China ...... Yuan ...... 1,747.75 ...... 1,747.75 Senator Thad Cochran: China ...... Yuan ...... 2,054.75 ...... 2,054.75 Senator Arlen Specter: China ...... Yuan ...... 1,386.54 ...... 1,386.54 Senator Norm Coleman: China ...... Yuan ...... 2,054.75 ...... 2,054.75 Senator Patty Murray: China ...... Yuan ...... 2,054.75 ...... 2,054.75 Senator Lamar Alexander: China ...... Yuan ...... 1,897.15 ...... 1,897.15 Senator Richard Burr: China ...... Yuan ...... 2,054.75 ...... 2,054.75 Sid Ashworth: China ...... Yuan ...... 1,747.75 ...... 1,747.75 Charlie Houy: China ...... Yuan ...... 1,747.75 ...... 1,747.75 George Lowe: China ...... Yuan ...... 1,389.87 ...... 1,389.87 Jennifer Lowe: China ...... Yuan ...... 1,389.87 ...... 1,389.87 Claire Jolly: China ...... Yuan ...... 2,054.75 ...... 2,054.75 Dr. John Eisold: China ...... Yuan ...... 2,054.75 ...... 2,054.75 Kay Webber: China ...... Yuan ...... 2,054.75 ...... 2,054.75 Rick Desimone: China ...... Yuan ...... 2,054.75 ...... 2,054.75 * Delegation Expenses: China ...... Yuan ...... 19,068.26 ...... 19,068.26 Total ...... 29,799.43 ...... 19,068.26 ...... 48,867.69 TED STEVENS, Chairman, Presidential Pro Tempore, Nov. 28, 2006. * Delegation expenses include payments and reimbursements to the Department of State and the Department of Defense under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95–384, and S. Res 179 agreed to May 25, 1977. h
MEASURES READ THE FIRST The PRESIDING OFFICER. The A bill (S. 2) to amend the Fair Labor TIME—S. 1, S. 2, S. 5, S. 113 clerk will read the four bills, en bloc, Standards Act of 1938 to provide for an in- crease in Federal minimum wage. for the first time. Mr. REID. Madam President, it is my A bill (S. 5) to amend the Public Health understanding there are four bills at The assistant legislative clerk read Service Act to provide for human embryonic as follows: stem cell research. the desk. I ask for their first reading, A bill (S. 113) to make appropriations for en bloc. A bill (S. 1) to provide greater trans- military construction and family housing parency in the legislative process. projects for the Department of Defense for fiscal year 2007.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00198 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S199 Mr. REID. Madam President, I ask the Robert T. Stafford Naval Reserve But Bob and his wife Helen’s kind- for a second reading in order to place Center. They happily obliged. Through- ness extended far beyond the confines the bills on the calendar under the pro- out his life, Bob remained extremely of the Senate office buildings. Helen visions of rule XIV, and having done proud of his Navy career. I still remem- was kind enough even to offer to baby- that, I object to my own requests en ber that beautiful day when we opened sit our children when Marcelle and I bloc. the new Naval Reserve facility named were so new in town that we had no- The PRESIDING OFFICER. The ob- in honor of his leadership. where to turn for childcare while we jection is heard. Indeed, the recently completed Lake were house-hunting. This is a remark- The bills will receive their second Champlain Navy Memorial was dedi- able couple. reading on the next legislative day. cated in his honor by the unanimous To this day, Marcelle and I hold enor- f recommendation of its founding com- mous gratitude for the friendship the mittee, made up of Navy veterans, re- ROBERT T. STAFFORD WHITE Staffords offered during our early years tirees, and reservists. in Washington. That friendship has ROCKS NATIONAL RECREATION Bob Stafford was an absolute giant in continued throughout the years, and AREA Vermont politics. He spent almost 30 we have many fond memories of vis- years representing our great State, Mr. REID. Madam President, I ask iting their home on Sugar Hill Road. first in the U.S. House of Representa- consent that the Senate proceed to the Even after Bob left the Senate, we tives, and then in the U.S. Senate. consideration of S. 159 which was intro- would drop by and visit. We had some Prior to his arrival in Washington in duced earlier today. most remarkable conversations—some the early 1960s, he served his fellow The PRESIDING OFFICER. The political, some family, and after all of clerk will report the bill by title. Vermonters closer to home, holding a number of prominent State positions. them I would leave with a smile on my The assistant legislative clerk read face. as follows: He served as Rutland County State’s attorney and deputy State attorney Bob was an extremely well liked A bill (S. 159) to redesignate the White member of the Republican Party. He Rocks National Recreation Area in the State general, and finally as our State attor- of Vermont as the Robert T. Stafford White ney general. From 1957 to 1959, Bob served at one time in the Republican Rocks National Recreation Area. Stafford held the post of Lieutenant leadership, but he also formed many close friendships with Senators on the There being no objection, the Senate Governor. In 1959, he went on to be- Democratic side. Always respectful, al- proceeded to consider the bill. come Governor. Mr. LEAHY. Madam President, it is In 1960, Bob Stafford was elected to ways polite, Bob Stafford consistently with great sadness that I rise today to Vermont’s sole seat in the U.S. House recognized the importance of modera- bid a final goodbye to one of Vermont’s of Representatives. He won five succes- tion and compromise. He, better than most distinguished public servants. On sive reelections. In September of 1971, most, knew how to form bipartisan al- Saturday, December 23, just before he resigned his House seat to accept an liances. Christmas, former Senator Bob Staf- appointment to the U.S. Senate fol- In his quiet and unassuming manner, ford from Vermont passed away at the lowing the death of Senator Winston Bob Stafford fought hard for the issues venerable age of 93. He leaves behind a Prouty. that mattered most to him. He believed After he won a special election in tremendous legacy of which he and his passionately that higher education January 1972, Bob proceeded to rep- family and fellow Vermonters and all should be more accessible to all Ameri- resent Vermont in the Senate during Americans should be exceptionally cans, regardless of their socioeconomic the next 17 years. I had the distinct status, and he was instrumental in cre- proud. I take this opportunity to pay privilege of serving with him during all tribute to Robert Stafford, an extraor- ating the student loan program which but 2 of those years. He also had serv- today bears his name. The Stafford dinary Vermonter, and especially a ing with him from the time he was very dear and close friend. Student Loan Program has made high- Governor through the House and the er education more accessible for mil- He will be greatly missed by me, my U.S. Senate a most remarkable Chief of wife Marcelle, and by so many other lions of Americans, even for some who Staff, Neal Houston. He and Neal Hous- work in my office today. Bob was a Americans all across our country. We ton were like brothers. They could al- send our condolences to his wife Helen champion of vocational education. most complete each other’s sentences. Today the Stafford Technical Center, and his family. When I spoke to Neal and heard the sad Born in Rutland in 1913, Senator located in his hometown of Rutland, news about Senator Stafford’s passing, serves the needs of hundreds of stu- Stafford attended his hometown’s pub- I knew he felt that he had lost a mem- lic schools. He completed his under- dents in Rutland County. ber of his own family. Bob showed tremendous leadership in graduate work at one of our Nation’s When I first came to Washington as a blocking President Reagan’s attempts finest undergraduate institutions, young man in 1974, I was a 34-year-old to slash health and education funding. Middlebury College. He briefly at- junior Senator from Vermont. We Thanks to Bob Stafford’s hard work, tended the University of Michigan Law didn’t have any kind of orientation for programs for disabled Americans and School but ultimately earned his law new Senators at that time. Bob Staf- degree from Boston University School ford was an indispensable mentor to legal aid were left largely intact during of Law in 1938. me. I will never forget the leadership much of the 1980s when other programs Bob was a remarkable person not and friendship he offered me during were starkly scaled back. His chair- only because of his service as a states- that challenging time. manship made sure they were pro- man but also for his service in the mili- Interestingly enough, Senator Staf- tected. tary. He is a prime example of what ford was sort of the epitome of a Bob Stafford also played an impor- has been so aptly named the ‘‘greatest Vermont Republican in the proudest tant role in another issue of enormous generation.’’ tradition. I was the only Democrat relevance today, Federal emergency as- Senator Stafford courageously ever elected. He took me under his sistance. In 1988, President Reagan stepped forward to serve our Nation wing during those early years. He was signed into law the Robert T. Stafford during not one but two foreign wars. In enormously helpful to me, his younger, Disaster Relief and Emergency Assist- 1942, he enlisted in the U.S. Navy and far less experienced junior colleague. I ance Act, a bill which provides the served on active duty from 1942 to 1946. will never forget that he even allowed statutory authority for Federal dis- Again, when the Korean war began, he me the use of his office before I was as- aster response activities pertaining to served from 1951 to 1953 as an officer in signed a space of my own, where we FEMA programs. the Navy. Bob later became the first could interview people for positions in While his achievements in the areas commander of the Navy Reserve Center my office and where telephone calls of education and Federal disaster relief in Burlington, VT. The center later could be answered. He brought me were certainly superb, I believe his moved to White River Junction in 1995, around and introduced me to both Re- most enduring legacy will be for the and I was pleased to recommend to the publicans and Democrats and basically work he did in protecting the environ- Navy that the new facility be named vouched for me. ment and public health. He helped
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00199 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S200 CONGRESSIONAL RECORD — SENATE January 4, 2007 shape and strengthen some of our Na- sage of this act as the culmination of tient and understanding with his jun- tion’s most critical environmental laws one of the greatest bipartisan efforts in ior. Throughout our time together, for over two decades. protecting our Nation’s environment. when I had been inclined to move im- As chairman of the Environment and It really was. Republicans and Demo- pulsively, it would be Bob Stafford who Public Works Committee from 1981 to crats came together. It gave me enor- would help me decide what was truly in 1986, Bob Stafford was instrumental in mous pride to see him appear 3 years the best interest of the country and persuading Congress to expand and ago before the Senate in celebrating Vermont. He was the most unflappable strengthen the Superfund toxic waste the act’s 30-year anniversary. Thanks person I have ever known. cleanup law in the mid-1980s. It was in to Bob’s leadership during those dif- I remember flying to Vermont with large part due to Robert Stafford’s un- ficult years of deregulation, our Nation him once on a commercial airline. The wavering commitment to this bill in was able to make great strides in re- plane hit a tremendous amount of tur- 1980 that the Superfund Act became ducing the levels of pollutants and con- bulence. We suddenly dropped thou- law at all. As many of us know, this taminants in our water. sands of feet. At least one person was law has been indispensable in forcing Even after he retired from Congress, airborne in the cabin, and things were industry polluters to contribute money he served Vermont in many ways. He flying around. I know my pulse raced to finance cleanup and restoration of was a member of the University of ever so fast. When the pilot finally got contaminated wastesites. Vermont’s School of Natural Resources control of the plane with a shuddering, Bob Stafford believed passionately in Advisory Committee and attended the banging maneuver, I sat there stunned. the Federal Government’s commitment day-long hearings with his wife Helen I had sweat soaking through my shirt. to improving the quality of our Na- up to just a few years ago. He also lec- Bob simply folded his paper—which he tion’s air. This was never more evident tured at UVM, Norwich University, and never stopped reading—turned to me than in his steadfast work to uphold Castleton State College. In 2003, his old and in a quiet voice said: Patrick, just the Clean Air Act when it was under alma mater, Middlebury College, hon- think if this plane had gone down. To- attack during the 1980s. He did not ored both Bob and his wife Helen, also morrow morning there would have been a long line outside the Governor’s of- shirk from taking on his friend Presi- a Middlebury graduate, by inau- fice. Everybody would be saying what a dent Reagan as well as auto manufac- gurating the Robert and Helen Stafford terrible tragedy that we have lost our turers and other industry groups in re- Professorship in Public Policy. Two Senators, but, Governor, I am willing fusing to roll back this critical air pol- people who had been together almost to be appointed to either one of the lution law. all their lives are together in this pro- seats. I found that I was not so fright- In fact, I remember talking to him fessorship. ened, and I was able to laugh until it once. They were so anxious to get him Also in retirement, Bob continued to hurt, and I did laugh. to change and let these rollbacks go fight for clean air. In 1995, he joined Bob Stafford was a man who dedi- through that they invited him down to forces with his friend and former col- cated his entire adult life to public the White House, to spend some one- league, Senator Edmund Muskie, in in- service because he deeply believed in on-one time with President Reagan. corporating the Clean Air Trust, a non- the value of public service. And no The Reagan administration amazed profit organization dedicated to up- matter where life took him, Bob stayed many of their members afterward that holding and enforcing clean air legisla- close to his Vermont roots. He never Bob didn’t back off at all. He came tion. forgot the people he served. While He leaves so many impressive back and kept on protecting the envi- many younger Vermonters and Ameri- ronment. achievements for his lifelong work in cans may not know much about Bob I said to him: Bob, what happened public service. But outside these public Stafford, his public service and leader- when you went down there to talk with accomplishments, Senator Stafford ship are examples for all of us. Our President Regan? was also a man of many personal hob- country would do well to stop and take He said: Well, the President had bies and interests. It kind of reflects notice of his life and reflect on how we notes of what he was supposed to say who he is. On weekends, he liked to slip should all serve our Nation better with and he said it. Then he looked at me out of Washington with his wife Helen his bipartisan leadership style. and he said: Bob, you’re probably not and enjoy time on his boat, a full It is with tremendous sadness that I going to give in, are you? Bob said: No, Moon, cruising down the Chesapeake say goodbye to this truly distinguished no, I’m not, Mr. President, but I cer- Bay. Marcelle and I were fortunate American, more importantly to an ex- tainly appreciate the time to be with enough to join them on occasion. He ceptionally dear friend. To honor Rob- you. loved the water. He loved everything ert Stafford’s legacy, Senator SANDERS I said then: What did you talk about about sailing. You can tell why the and I, along with Congressman Peter the rest of the time? Navy holds him in such high regard Welch from Vermont, introduced a bill Oh, we talked about our kids, we back home. to rename the White Rocks National talked about sports, we talked about a He took flying lessons as a young Recreation Area. This is an area Sen- lot of other things. He said: I had a man. He eventually got his pilot’s li- ator Stafford created in 1984. We are wonderful conversation with President cense in the early sixties. In fact, he naming it after him. White Rocks was Reagan. But he did not budge on the would pilot a leased Cessna back and among his most beloved natural areas environment, something no Vermonter forth between Washington and in our State. We know that he and would do. Vermont. Helen could actually see the towering His concern about the contamination It was a mark of this unique Senator white cliff face of White Rocks Moun- of our air was truly remarkable. The that he welcomed and helped the first tain from their home. This will remind consistent and clear manner in which Senator of the other party to be elect- generations of future Vermonters of he spoke about the danger of ozone de- ed in Vermont. I will always remember Senator Stafford’s towering achieve- pletion, acid rain, and the release of and cherish the walks we took down ments and the humanity of his spirits. greenhouse gases related to global the halls and the times we would sit I hope all my colleagues will support warming, during a very difficult period, and talk at lunch. People thought we this legislation. was a source of inspiration to so many were talking so much about politics. ∑ Mr. SANDERS. Madam President, on of his colleagues on both sides of the We were talking about Vermont. We this first day of the 110th Congress, I aisle. It certainly was an inspiration to were talking about whether the foliage pay tribute to a former Member of this me. season was going to start early or late, esteemed Chamber. On December 23, As EPW chairman, Senator Stafford and we would make a determined judg- 2006, Senator Robert Stafford passed also led the fight to improve the qual- ment when it would be. Heck, we had away. This was a tremendous loss for ity of our water. Working closely with not the foggiest idea but, boy, we had both Vermont and the country. There Senator John Chafee and others on fun determining when it would start. is no doubt, however, that his accom- both sides of the aisle, his leadership No Senator could have learned as plishments in many areas will continue was critical in reauthorizing the Clean much from his fellow Senator as I did, to be felt across this great Nation for Water Act in 1987. Bob cited the pas- nor could a senior Senator be so pa- countless years to come.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00200 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S201 A native of Rutland, VT, Senator Vermont, as established by section 202 of the ORDER FOR ADJOURNMENT Stafford was born in 1913. Before rep- Vermont Wilderness Act of 1984 (16 U.S.C. 460nn–1), is redesignated as the ‘‘Robert T. Mr. REID. If there is no further busi- resenting Vermont in Washington, Bob ness to come before the Senate, I ask Stafford spent years serving the people Stafford White Rocks National Recreation Area’’. unanimous consent the Senate stand of our State, including as Attorney (b) REFERENCES.—Any reference in a law, adjourned under the previous order, General. In 1960 he began service as map, regulation, document, paper, or other following the remarks of Senator Vermont’s single voice in the U.S. record of the United States to the recreation LANDRIEU for 10 minutes and Senator House of Representatives, where he re- area referred to in subsection (a) shall be COBURN for 15 minutes. mained until 1971, when he became a deemed to be a reference to the Robert T. The PRESIDING OFFICER. Without Stafford White Rocks National Recreation Member of this hallowed body. During objection, it is so ordered. his 17 years in the United States Sen- Area. The PRESIDING OFFICER. The Sen- ate, Senator Stafford was known for ator from Louisiana. his commitment to bipartisanship and f f congeniality. ORDERS FOR MONDAY, JANUARY Senator Stafford left his mark on our 8, 2007 AUTHORIZATION OF MORGANZA country in more ways than can be men- TO THE GULF OF MEXICO HURRI- tioned here today. He had an unwaver- Mr. REID. Madam President, it is my CANE PROTECTION PROJECT ing dedication to making education understanding that there are a couple within reach of all our country’s citi- of Senators who wish to speak. We will Ms. LANDRIEU. Madam President, I zens and today, countless Americans— take care of that in a minute. come to the floor briefly to speak maybe even some of the younger mem- I ask unanimous consent that when about a bill I introduced today on the bers in this Chamber—have benefited the Senate completes its business first day of this 110th Congress to sig- from the Stafford Student Loan pro- today, it stand adjourned until 11:30 nify its importance to our State and to gram. Additionally, his commitment to a.m., on Monday, January 8; that fol- speak about that for a moment. the environment and public health was lowing the prayer and the pledge, the But before I do, I want to give my unshakable. Bob Stafford, from his po- Journal of proceedings be approved to public congratulations to the new lead- sition as Chairman of the Environment date, the time for the two leaders be ership of this Chamber, to thank the and Public Works Committee from 1981 reserved for their use later in that day, Senator from Nevada and the Senator until 1986, worked tirelessly to address and that the time until 12 noon be from Kentucky, the majority leader both air and water quality issues, even equally divided and controlled between and the minority leader, for their gath- when it meant doing so against the the two leaders or their designees; that ering together of the Senators today, wishes of his own leadership, at the at noon, the Senate proceed to the con- as the Presiding Officer also attended— highest levels. His courage on all of sideration of S. Res. 19, a resolution a quite historic meeting of almost 100 these issues, and so many others, will celebrating the life of the late Presi- of us in the Old Senate Chamber—and never be forgotten. dent Gerald R. Ford; that once the res- their commitment to us and to the Na- Leaving the Senate did not stop Rob- olution is reported, the Senate then tion, although it was a private meet- ert Stafford from contributing to the vote, without intervening objection or ing, to work in a more collegial, coop- common good. In fact, he remained ac- debate, on adoption of that resolution; erative way as this Congress begins and tive at the state level and continued to that upon the adoption of the resolu- to try to forge the bipartisan solutions fight for protection of the environ- tion, the preamble be agreed to and the I think our country called for as a re- ment. I can only hope that I will be as motion to reconsider be laid on the flection of the outcome of the last elec- engaged for as long as he was. table. tions. To honor Senator Stafford, Senator I further ask consent that notwith- I, for one, publicly want to commit LEAHY and I, along with Representa- standing the adjournment of the Sen- myself to that endeavor and to work tive WELCH, introduced a bill today to ate on Friday, January 5, S. 1 be con- toward that end, as I continue to work re-designate the White Rocks National sidered to have received its second across the aisle with many in the other Recreation Area in our fine state as reading. party, and even Members such as the the ‘‘Robert T. Stafford White Rocks The PRESIDING OFFICER. Without Presiding Officer in our own party, in National Recreation Area.’’ This is a objection, it is so ordered. the Democratic Party, to get the job small, but fitting, tribute to his mem- done for our States. ory. f In that regard, I introduced this bill Bob Stafford was a true public serv- today to authorize a project and to ask ant. I am humbled to be serving the PROGRAM for special consideration for this very State of Vermont in the seat he once Mr. REID. Today was a good day in important levee and hurricane protec- held. He dedicated his life to serving the Senate. The spirit of bipartisanship tion project in the State of Louisiana others and to creating a better world. is in the air. I look forward to working called Morganza to the Gulf. As today My thoughts are with his family as with the Republican leaders and Mem- we look forward into what we are going they mourn his passing. And may the bers of Congress as we move ahead and to do with this new hope and new example he set during his many years forward in this Congress, the 110th Con- spring and new era of cooperation, that be emulated for many to come.∑ gress. is terrific. But we also need to think Mr. REID. Madam President, I ask For the information of Members, the about looking a little bit backward as consent that the bill be read the third first vote next week is Monday, Janu- to what we did not get done in the last time, passed, the motion to reconsider ary 8, at 12 noon. Therefore, Members Congress or the Congresses before so be laid upon the table, and any state- should be prepared to be here and ready we can pick up that work and move ments related to the bill be printed in to vote. Time will show what we will forward. the RECORD. do, but votes will be a lot quicker than This initiative, Morganza to the Gulf, The PRESIDING OFFICER. Without they used to be. We will not wait would fall into that category of a objection, it is so ordered. around for long times. Most of the project that was actually approved not The bill (S. 159) was ordered to a votes are not very close, and it is not only by the last Congress, the 109th third reading, was read the third time, fair to keep Members from their con- Congress, but the 108th and the 107th, and passed, as follows: stituents and other work in their of- and started back actually decades ago. S. 159 fice. If some people are not here, they And because of just a few technical Be it enacted by the Senate and House of Rep- will not be recorded within a reason- glitches resulting in the U.S. Army resentatives of the United States of America in able period of time after the vote is Corps of Engineers’ failure to timely Congress assembled, called. complete its report, the contingent au- SECTION 1. ROBERT T. STAFFORD WHITE ROCKS NATIONAL RECREATION AREA . We hoped to proceed to S. 1. We do thorization of the Morganza project ex- (a) REDESIGNATION.—The White Rocks Na- not have consent to move forward on pired. Eventually, the Corps submitted tional Recreation Area in the State of that yet, but we are confident we will. its report more than a year late and
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00201 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S202 CONGRESSIONAL RECORD — SENATE January 4, 2007 recommended authorization of the America’s energy coast, are willing and year. There is no question. But there project. able to do their engineering, to put up was a drudging component that was Madam President, this project when their own money, to make sure that added to that bill. Nobody knew what completed will protect 120,000 people in the projects are done in an expedited it was going to cost, at least $100 mil- south Louisiana, many of whom were fashion. But they cannot begin without lion. That portion had not cleared the devastated by two of the worst storms this Federal authorization. committee, and it was important that and subsequent flooding in the history So I have introduced as stand-alone we not have habits such as that, to au- of our country only 2 years ago, in 2005. legislation, the Morganza to the Gulf of thorize programs that we do not have However, these people are left vulner- Mexico Hurricane Protection Project, any idea what they cost. able without this project being com- as my first bill, to indicate the contin- We have heard a lot of talk about bi- pleted. It was part of a major WRDA ued need throughout south Louisiana partisanship. We can all be partisan for bill, the Water Resources Development and the gulf coast for more protection America. If you go to the Federal Gov- Act, of which this Congress worked to- from hurricanes and smart engineer- ernment’s Web site and go to the gether in quite an extraordinary bipar- ing, to say we are not going to stop Comptroller General, David Walker, tisan effort, as the Presiding Officer asking for the things we think are and you read what is there—I would en- knows. You have been a part of that ef- most certainly meritorious of this courage every American and every Sen- fort. Congress’s attention and to continue to ator to go read it—what you will find is It comes out of the EPW Committee, say that with all the challenges of we are on an absolute unsustainable the Environment and Public Works housing, health care, education, small course. And the problems are bad now. Committee. Democrats on that com- business recovery, et cetera, that hur- Madam President, we have a $260 bil- lion deficit this year with ‘‘Enron’’ ac- mittee and Republicans worked very ricane protection for levees and coastal counting statistics, about a $360 billion hard, into the late hours of the night, restoration remains a constant need accounting deficit by real accounting trying to get that bill through. But for for the gulf coast and, I would predict, statistics. That is what we are adding a number of reasons, this massive bill, for other coasts around the country with billions of dollars of projects, to the Nation’s debt. That is what our that need to wake up to the dangers of kids get to pay back through a de- could not pass in the final hours. rising tides, surges from whatever, creased standard of living. But I would But this one project, of all of the tsunamis on the west coast, hurricanes projects in the Nation, I believe de- encourage you to go read it. We cannot on the east coast, as a potential, and continue to do what Congresses over serves special attention, not because it get serious about the business of is in Louisiana, not because Senator the last 5 years have done; that is, we stronger infrastructure and better cannot spend new money because there VITTER and I represent this, and not planning about where and where not to is no new money. So that means if we only because our State received devas- build close to the coast. are going to authorize a new program, tation from Katrina and Rita but be- But again, these are working commu- we need to make sure a couple things cause this is the one hurricane protec- nities that are there—not sunbathing, happen. One is we need to make sure it tion project that actually had been ap- not condos—running ports, laying pipe- does not duplicate something that is proved in the last WRDA bill. But be- lines, and giving the Nation the energy already there. And if it does, we need cause of untimeliness on the part of infrastructure it needs. These people, to eliminate what it duplicates if, in the Corps of Engineers, we could not just like in the big cities of New Orle- fact, it is better because there is an op- get it authorized in the last bill, and it ans and Baton Rouge and Lafayette portunity cost of funding two programs should be first to be approved now. and Lake Charles—these small commu- that do the same thing. One of them I do not know what is going to hap- nities of Houma and Lafourche and does it better, so every dollar you pen with our WRDA bill. I am certain Cocherie and Golden Meadow and spend on the one that does it less well the Senator from California, who has places that no one in Washington has costs us money in terms of the value pledged her support, and the ranking ever heard of, but we visit all the time, for our children. member of that committee, Senator deserve the protection of their Federal Let me give you a couple other exam- INHOFE from Oklahoma, who is familiar Government based on what they con- ples, things where our rules kind of with this, understand the special na- tribute to the Nation. mess us up. Because of the budgetary ture of this issue. Whether we can So I thank the Presiding Officer for rules, Federal buildings in this country move this independently, I do not letting me speak for the RECORD on are no longer owned by the Federal know. But I am going to ask. Until we this issue. I thank the leadership for Government—new ones. Why is that? are told no, we are going to try. Sen- giving me this time and commend it For any other business, any individual ator VITTER is not here to speak for for the Senate to consider. Hopefully, would, if they are going to lease a himself, but I know he feels very we can pass it within the first weeks of building, try to lease purchase it. Be- strongly about this, as indicated by his this Congress. cause of our accounting rules, we lease own actions and strong words he has I yield the floor. them. Because if we lease purchase, put in the RECORD. Our House Mem- The PRESIDING OFFICER (Ms. then the agency has to show the entire bers, both Republicans and Democrats, LANDRIEU). The Senator from Okla- cost of the building in their budget could make the same arguments on the homa. that year. House side. f Well, it does not make accounting I know people may be tired of seeing sense. I happen to have a degree in ac- STEWARDSHIP OF THE the Senators from Louisiana and Mis- counting. It is crazy accounting. But TAXPAYERS’ MONEY sissippi come down and talk about the what it does is force us to make bad fi- gulf coast. But it is America’s energy Mr. COBURN. Madam President, I nancial choices on fixed assets for the coast. It is a working coast. There are want to spend a few minutes today to Federal Government. We cannot get rid working people who live in real com- kind of summarize some of the events of the buildings that we don’t want munities, large and small, whose of the past year and kind of also to put now. We spend $6 billion—that is bil- homes have been devastated, whose the Senate on notice that what this lion with a ‘‘b’’—a year maintaining churches have been destroyed, whose election was about is us being good buildings the Federal Government does schools have been destroyed, and who stewards with the taxpayers’ money. not want. That is $6 billion. The Pen- still look to us to help them, to not I appreciate the distinguished Sen- tagon spends $3 billion. That is a total waste their money or others’ money in ator from Louisiana. I happen to be the of $9 billion. the relief but to spend it wisely and Senator who held that bill up in the So if we had the $9 billion, if we could well and to provide at least the Federal wee hours of the morning. There were get rid of the buildings we wanted to partnership for these hurricane protec- some real good reasons why I did that. by streamlining that process, we could tion levees. And that is what this is. It is a great example of the habits that save $9 billion a year. Madam Presi- The communities of Lafourche and we have to change. There is no ques- dent, $9 billion would do a whole lot for Terrebonne Parishes, located in south- tion that levee system needs to be au- the people of Louisiana as far as this east Louisiana, which are the heart of thorized, and it will be authorized this levee system repair.
VerDate Aug 31 2005 04:27 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00202 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S04JA7.REC S04JA7 rfrederick on PROD1PC69 with CONG-REC-ONLINE January 4, 2007 CONGRESSIONAL RECORD — SENATE S203 We know we can save about $30 bil- floor. I thought I would read it into the My hope is that this spirit of biparti- lion every 5 years by having the build- RECORD tonight so that if anybody has sanship we are starting off with will ings we acquire or lease become lease any disagreement with it, they would lead us to do the things the American purchase because then the taxpayer come speak with me. people want us to do, and that is to get gains from the real estate rise in value First is for me to agree to a unani- control of this behemoth we call the associated with those buildings. We mous consent on legislation in the Federal Government. We can do it if we have a lot to change in what we do. I 110th Congress, the bill has to conform work together and if we are partisan am not a partisan Republican, but I am to the vision of the limited Federal for our children, partisan for the future very partisan about the future of this Government set forth by the Constitu- of our country, and if we will do the country and what has to change to do tion and our Founding Fathers. In oversight. If our oversight is going to that. other words, it has to be constitu- point at what President Bush did Some other examples I would want tional. wrong rather than what we can do the American public to know that we Second, if it creates or authorizes a right to fix programs, eliminate ineffi- could do something about tomorrow: new Federal program or activity, it ciencies and fraud and waste, we will We have an earned-income tax credit must not duplicate an existing pro- do much more for the country. that has a 40-percent error rate on it. gram or activity. I hope the words we have heard today That means billions of dollars every Third, if a bill authorizes new spend- will be acted on the entire 2 years of year get paid to people who do not ing, it must be offset by reductions in the 110th Congress. If they are and we qualify for their earned-income tax real spending elsewhere. follow these guidelines, we will see a If a program or activity currently re- credit, but we do not fix it. We have surplus much sooner than 2012. We can ceives funding from sources including, not fixed it. Shame on us. We have $350 do that but not without the hard work but not limited to, the Federal Govern- billion a year that is owed in taxes to and dedication that says future genera- the Federal Government—that is what ment, the bill shall not increase the Federal Government’s share of that tions are worth it, worth us doing what the tax gap is this year—that will not we need to do to make the difference. be collected. spending. Finally, if a bill establishes a new We could take care of every need of the As a matter of fact, last year, the people in Louisiana because we have IRS, through incompetency, was put- foundation, museum, cultural or his- tons of waste where we are spending in ting on board a new program. They toric site, or other entity that is not an the wrong way, whether it is bridges to threw away their old program. But the agency or a department, the Federal Alaska or railroads across Mississippi new program was not ready, so they do funding should be limited to the initial or financing defense contractors when not have a way to go back and track start-up cost plus an endowment that insurance is going to pay their bill the problem tax payments. That is can be added to through private fund- anyway; we could do it. going to cost us $50 billion, $60 billion ing. We have to stop playing the game in lost revenues—one stupid error after The way we get out of the problems and start thinking about the long another. facing our country starting in 2012 is to We have a program to help people endow the future rather than expand term. My hand is out to work with any- with food called food stamps, except we it. If we start endowing things—one of body, whether on this side of the aisle have an error rate there, where we give the former Presiding Officers, the Sen- or the other side, who wants to solve out $1.6 billion to people who are abso- ator from Arkansas, had a plan to the fiscal problems facing this country. lutely not eligible for that program honor Bill Clinton’s birthplace home. I Then we can get about solving health every year. In this very short conversa- am not against that at all. But the av- care and retirement programs associ- tion of what we have talked about, we erage cost to the American taxpayer ated with Social Security and Medi- have talked about over $400 billion that for every President’s birthplace home— care. and there are only 22 of them—is a mil- we would have. We would not be run- f ning a deficit now if we did some things lion dollars a year. Divide that out for a minute. That is $3,000 a day to take efficiently. ORDER FOR MEASURE TO BE care of a birthplace home. Most Ameri- In the last 2 years, the subcommittee HELD AT THE DESK—S. RES. 19 I chaired, along with TOM CARPER, the cans would kind of like to have that to Senator from Delaware, had 46 hear- care for their home. Mr. COBURN. Madam President, I ings oversighting Federal financial The answer to that is to create an en- ask unanimous consent that S. Res. 19 management. We came up with, either dowment with a million dollars, set it be held at the desk. from waste, fraud or duplication—not up as a fund for the Bill Clinton birth- The PRESIDING OFFICER. Without counting the tax gap, not counting any place home endowment. It can never be objection, it is so ordered. of these other things I have talked touched. People can give money to Mr. COBURN. I yield the floor. about—$200 billion of fraudulent, that, and they can care for that. The wasteful or duplicative programs asso- earnings off of that will be about f ciated with the Federal Government. $60,000 a year. That is about $200 a day, What the American people ought to or about $5,800 a month. Most people in ADJOURNMENT UNTIL MONDAY, be asking us is, rather than creating America—as a matter of fact, the vast JANUARY 8, 2007, AT 11:30 A.M. new programs, fix the ones we have. majority of people in America don’t The PRESIDING OFFICER. Under Make them efficient. Eliminate the du- come close to spending that on main- the previous order, the Senate is ad- plications. taining their home in a year. So we can journed until Monday, January 8, 2007, I am planning, when I come back, to generously endow what needs to hap- at 11:30 a.m. send a letter to my colleagues out- pen for the future and use the power of Thereupon, the Senate, at 6:28 p.m., lining what my procedures plan to be compound interest to help secure the adjourned until Monday, January 8, in terms of blocking new bills to the future for our kids. 2007, at 11:30 a.m.
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