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Congressional Record

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110 th CONGRESS, FIRST SESSION


United States
of America PROCEEDINGS AND DEBATES OF THE

Vol. 153 WASHINGTON, WEDNESDAY, MAY 23, 2007 No. 85

House of Representatives
The House met at 10 a.m. THE JOURNAL The Senator from Michigan (Mr.
Chaplain Marc Unger, California The SPEAKER. The Chair has exam- LEVIN) (Democratic Co-Chairman).
State Military Reserve, attached to the ined the Journal of the last days pro- The Senator from Delaware (Mr.
1184th Infantry, California Army Na- ceedings and announces to the House BIDEN) (Democratic Co-Chairman).
tional Guard, Exeter, California, of- her approval thereof. The Senator from New Jersey (Mr.
fered the following prayer: Pursuant to clause 1, rule I, the Jour- LAUTENBERG) (Democratic Co-Chair-
O God, You have been our refuge in nal stands approved. man).
every generation. I thank You, Lord, f The Senator from Massachusetts (Mr.
for granting truths self-evident, and KENNEDY).
endowing us, our Creator, with certain MESSAGE FROM THE SENATE The Senator from North Dakota (Mr.
unalienable rights: Life, liberty, and A message from the Senate by Ms. DORGAN).
the pursuit of happiness, our freedom. Curtis, one of its clerks, announced The Senator from Illinois (Mr. DUR-
Help this body, O Lord, to remember that the Senate has passed without BIN).
that our freedom was bought with a amendment a bill of the House of the The Senator from Florida (Mr. NEL-
price, the blood of our heroes. And de- following title: SON).
fense of our freedom comes at the same H.R. 2080. An act to amend the District of The Senator from Connecticut (Mr.
terrible price. Columbia Home Rule Act to conform the LIEBERMAN).
Grant the Members of this body: Wis- District charter to revisions made by the The Senator from West Virginia (Mr.
dom as they legislate; freedom from Council of the District of Columbia relating BYRD) (Majority Administrative Co-
to public education.
partisan politics; unity, not division; Chairman).
and remembrance that they serve of The message also announced that the
f
the people, by the people, and for the Senate has passed bills of the following
people under God. titles in which the concurrence of the APPOINTMENT OF MEMBERS TO
Help each Representative, Lord, to House is requested: BOARD OF VISITORS TO UNITED
represent the people, not politics; mo- S. 33. An act to redesignate the Office for STATES MILITARY ACADEMY
Vocational and Adult Education as the Of- The SPEAKER. Pursuant to 10 U.S.C.
rality, not mores; sacrifice, not self-in-
fice of Career, Technical, and Adult Edu-
terest; right, not flight; defense, not 4355(a), the Chair appoints the fol-
cation.
defeat. S. 375. An act to waive application of the lowing Members of the House to the
Lord, please comfort the families of Indian Self-Determination and Education Board of Visitors to the United States
our fallen. Grant the troops defending Assistance Act to a specific parcel of real Military Academy:
our precious freedoms would: Live property transferred by the United States to Mr. HINCHEY, New York
under the protection of the Most High, 2 Indian tribes in the State of Oregon, and Mr. HALL, New York
be Your servant for good, and be grant- for other purposes. Mr. MCHUGH, New York
ed overwhelming victory in the global The message also announced that Mr. TIAHRT, Kansas
war on terror. pursuant to the provisions of S. Res. f
For Yours is the kingdom and the 105 (adopted April 13, 1989), as amended
by S. Res. 149 (adopted October 5, 1993), ANNOUNCEMENT BY THE SPEAKER
power and the glory forever.
Amen. as amended by Public Law 105275 The SPEAKER. The Chair will enter-
(adopted October 21, 1998), further tain up to 15 requests for 1-minute
f
amended by S. Res. 75 (adopted March speeches on each side of the aisle.
PLEDGE OF ALLEGIANCE 25, 1999), amended by S. Res. 383 (adopt- f
The SPEAKER. Will the gentleman ed October 27, 2000), and amended by S.
Res. 355 (adopted November 13, 2002), ITS TIME TO STOP PRICE
from Pennsylvania (Mr. ALTMIRE) come
and further amended by S. Res. 480 GOUGING BY BIG OIL
forward and lead the House in the
Pledge of Allegiance. (adopted November 20, 2004), the Chair, (Mr. DEFAZIO asked and was given
Mr. ALTMIRE led the Pledge of Alle- on behalf of the Majority Leader, an- permission to address the House for 1
giance as follows: nounces the appointment of the fol- minute.)
I pledge allegiance to the Flag of the lowing Senators to serve as members of Mr. DEFAZIO. Madam Speaker, while
United States of America, and to the Repub- the Senate National Security Working Memorial Day is the traditional begin-
lic for which it stands, one nation under God, Group for the One Hundred Tenth Con- ning of the summer vacation and travel
indivisible, with liberty and justice for all. gress: season for all Americans, its going to

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

H5625

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H5626 CONGRESSIONAL RECORD HOUSE May 23, 2007
be a gloomy day across America. No, housing bill that keeps the people of Mr. POE. Mr. Speaker, amnesty is
Im not a weather forecaster. Its going the gulf coast on the road to recovering a trigger word for most Americans.
to be a gloomy day because of record after Hurricane Katrina. While we as a people disagree on many
extortionate and manipulated prices at We also accomplished something last issues, most Americans oppose the
the pump. Guess what? Crude oil prices week that 3 of the last 5 years Congress thought of legalization of illegal con-
are down over a year ago, but somehow was unable to do: come to an agree- duct; in other words, amnesty.
gas is up 50 cents a gallon at the pump. ment on a sensible budget with the So the special-interest groups and
How is that? The refineries are making Senate. It is a budget that prioritizes the profiteers from plantation labor
four times, four times their normal our Nations veterans and achieves bal- have been careful not to call the new,
margin on refining. Why is that? They ance without raising a penny of taxes. inclusive immigration proposal am-
said, oh, well, gosh, we couldnt have f
nesty. But thats exactly what it is. It
known people were going to start buy- legalizes the illegals that are in Amer-
THE DEMOCRATS FAILURE TO ica, some 12- to 20 million. All they
ing gas around Memorial Day. We had
GOVERN need to do is a few things, including
to close down some of the refineries to
maintain them and to clean them. Does (Ms. FOXX asked and was given per- pay a fee, or as I see it, a government
Exxon translate into Enron? Remem- mission to address the House for 1 kickback, and they get to stay in
ber when Enron was doing the same minute.) America. But supporters of this pro-
Ms. FOXX. Mr. Speaker, does it not posal still refuse to accept the obvious:
thing in California? High demand, shut
seem ironic that the week in which we Its amnesty, or pardon for illegal con-
down the generating plants. Exxon,
are scheduled to vote on a lobbying and duct.
high demand, shut down the refineries. If somebody trespasses on your land,
Its time to stop the price gouging by ethics reform bill, that I might add is
largely a carbon copy of a Republican when they are caught they usually
Big Oil. Break them up. They arent have to pay a fine, but they also must
competitive, theyre colluding. bill from last year, we are faced with
get off your property. If they pay the
f the behavior of a high-ranking Member
fine and are allowed to continue to
of the Democrat leadership who made a
LEADERSHIP IS NOT AS IT stay on your property, it is amnesty.
threatening comment to another Mem-
APPEARS, ITS AS IT PERFORMS This is similar to what the special-in-
ber? terest groups are trying to repackage
(Mrs. BLACKBURN asked and was What are the American people sup- and sell to the American public and
given permission to address the House posed to make of the failure of the ma- even illegal immigrants. But it seems
for 1 minute and to revise and extend jority to keep their promises? Instead to me these groups are selling out
her remarks.) of delivering real reform, the Demo- America. We shall see what the Amer-
Mrs. BLACKBURN. Mr. Speaker, you crats march in lockstep behind one of ican public think.
know, leadership is not as it appears; their own, despite this clear violation And thats just the way it is.
leadership is as it performs. And what of House ethics rules. Not only has the f
the American people want to see is us majority failed to deliver on their
performing and solving problems for agenda, they have shown they will tol- BUSH THREATENS VETO OF
them, addressing the issues that affect erate behavior in their ranks which is STRONG BIPARTISAN DEFENSE
them, not window dressing. And win- antithetical to their so-called reform AUTHORIZATION BILL
dow dressing is a lot of what weve efforts. In so doing, they have forfeited (Mr. PERLMUTTER asked and was
done since the Democrats took control their credibility. given permission to address the House
of the Chamber, brought forward their f for 1 minute.)
Six for 06, and by the way, not one Mr. PERLMUTTER. Mr. Speaker,
IN SUPPORT OF H.R. 1853 President Bush says he supports our
single bill has been signed into law.
A few other things. Weve named a (Ms. WATSON asked and was given troops, but his actions last week refute
lot of post offices. Today we are going permission to address the House for 1 those claims, and his actions speak
to have a supposed price-gouging bill. minute.) louder than his words.
But you know, the harder thing would Ms. WATSON. Mr. Speaker, I rise Last Thursday, this House voted
be to really address production, explo- today to urge my colleagues to join me overwhelmingly, by 39727, to support a
ration, distribution, innovation in the in support of H.R. 1853, the Jose Medina defense authorization bill that gives
oil and energy industry to make cer- Veterans Affairs Police Training Act. our troops a much-deserved 3.5 percent
tain that we have a sustainable supply. Mr. Speaker, more than 1.5 million raise, a lot less than the contractors
And by the way, its been 106 days U.S. troops have served in Iraq and Af- from Halliburton are getting, contrac-
since the President sent us a request ghanistan, and according to an Army tors that the President has farmed out
for emergency spending, and finally we study, 20 percent are showing signs of much of the war in Iraq to, but still a
are going to get a bill that can be post-traumatic stress syndrome. But 3.5 percent raise.
signed into law. surprisingly, most VA police officers do b 1015
Leadership is not as it appears, it is not receive any training on how to deal Incredibly, the President has threat-
as it performs. Lets solve problems for with patients suffering from mental ill- ened to veto the bill. Two of the rea-
the American people. ness. That is why we must prepare VA sons he gave for his opposition are the
f law enforcement officers to deal with pay raise and benefits to survivors. By
the tens of thousands of veterans re- threatening to veto this bill, how ex-
CHANGING THE WAY CONGRESS turning from Iraq that are expected to
DOES BUSINESS actly is our President supporting our
utilize VA medical centers for mental troops? Well, he is not.
(Mr. ALTMIRE asked and was given health services. Over the last 5 years, the President
permission to address the House for 1 H.R. 1853, the Jose Medina Veterans has asked much of our military. Ex-
minute.) Affairs Police Training Act, will ensure tended deployments in Iraq and Af-
Mr. ALTMIRE. Mr. Speaker, Demo- that our veterans are treated with dig- ghanistan have strained our Active
crats continue to demonstrate that nity and respect when they seek treat- military and National Guard and their
they are changing the way Congress ment at VA facilities. Veterans men- families. This Congress overwhelm-
does business. We reach across the aisle tal health needs should be one of this ingly said we should reward our troops.
to pass bipartisan legislation that puts Congress top priorities, and I urge If the President really wants to sup-
the American people first. Just last your support. port our troops, he will sign the bill.
week Republicans and Democrats came
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f f
together to provide a much-deserved
pay increase for our troops serving ITS STILL AN AMNESTY DEAL STOPPING TERRORISM OVERSEAS
bravely overseas. We joined together to (Mr. POE asked and was given per- (Mr. WILSON of South Carolina
fight crime by adding 50,000 cops to the mission to address the House for 1 asked and was given permission to ad-
street, and we passed an affordable minute.) dress the House for 1 minute.)

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5627
Mr. WILSON of South Carolina. Mr. Mrs. CAPITO. Mr. Speaker, I rise Mrs. BACHMANN. Mr. Speaker, I rise
Speaker, on Sunday, a homicide bomb- today to highlight the importance of today to honor a great American and a
er in Gardez, Afghanistan, mass-mur- preventive care in the Medicare pro- woman from my district, Mrs. Vera
dered 14 civilians and injured 36 others, gram. Werner, on the occasion of her 105th
including five members of the 218th bri- As we all know, the Medicare Mod- birthday. It is a goal to which we all
gade of the South Carolina National ernization Act of 2003 made many im- aspire but very few of us ever achieve.
Guard. This affects me personally, as I portant and much-needed changes to Vera was born in 1902 in Melrose,
was a member of the 218th for over 20 the Medicare program. The creation of Minnesota, on May 31, a great day. She
years. In July 2000, we trained together the Medicare prescription drug benefit is an unassuming Minnesotan, Mr.
in the Mojave Desert at Fort Irwin to was a critically important moderniza- Speaker. She married, and 2 years later
face this very evil, and now our coura- tion of the program and has been espe- she moved to the big city of St. Cloud,
geous troops are stopping terrorists cially successful in my home State of Minnesota. During her time there, she
overseas. West Virginia, with 287,000 bene- touched many peoples lives. Like so
Chuck Crumbo of The State news- ficiaries. many Americans, she had numerous
paper reported the suicide bomber fol- But the prescription drug benefit is friends. She was on a bowling league
lowed the Guard convoy and detonated just one component of the overall
for 40 years and she worked in the local
himself in the midst of innocent changes in Medicare. If we can encour-
department store.
women and children on a crowded age more seniors to actually use the
But, Mr. Speaker, Vera Werner ac-
street. This act of cowardice confirms preventive benefits, we can help them
complished the most important work
why we must stop the terrorists over- prevent more costly procedures and
of any American: She was a mother to
seas or they will return to America. In longer stays in the hospital.
That is why the Welcome to Medi- four children, she was a grandmother
the past 96 hours, there was an attack
care screening is so vitally important. to 21, a great-grandmother to more
in Baghdad, terrorists acted in Leb-
Many of the elements that seniors face than 40, and she has so many great-
anon, and a shopping mall was blown
up in Turkey. today can be effectively managed with great-grandchildren that people cant
I know my comrades, ably led by prescription medicine and regular vis- keep count. There is no more impor-
General Bob Livingston, are ready to its to their physicians. However, dis- tant function as an American, Mr.
face al Qaedas boast of Afghanistan ease management is only effective if Speaker, than to be a good mother or a
and Iraq as the central front in the we catch the disease early. good father.
global war on terrorism. This is how we I would like to encourage my col- Today, Vera, our Nation salutes you,
can best protect American families. I leagues to educate their constituents and we wish you happy 105th birthday.
have never been prouder of the Guards about these important modernizations f
service. to the Medicare program so we can all HOW EXACTLY IS PRESIDENT SUP-
In conclusion, God bless our troops, better serve our senior citizens.
PORTING OUR TROOPS WHEN HE
and we will never forget September 11. f THREATENS A VETO OF DOD
f DEMOCRATS WORKING TO ESTAB- PAY INCREASE?
HONORING AND REWARDING OUR LISH A NEW, SMART AND FAIR (Mr. COSTA asked and was given per-
TROOPS FOR THEIR VALOR AND ENERGY POLICY mission to address the House for 1
SACRIFICE (Mr. SARBANES asked and was given minute.)
(Mr. BISHOP of New York asked and permission to address the House for 1 Mr. COSTA. Mr. Speaker, this House
was given permission to address the minute and to revise and extend his re- on a bipartisan basis overwhelmingly
House for 1 minute.) marks.) supported our troops last week by giv-
Mr. BISHOP of New York. Mr. Speak- Mr. SARBANES. Mr. Speaker, as ing them a 3.5 percent pay raise over
er, last week the White House rec- Americans across the country begin the next year. What is our Presidents
ommended a veto of the defense au- planning their summer vacations, one response? A threatened veto. In a
thorization bill and said Congress major constraint they will have to face statement opposing the higher pay
wants to pay our troops too much for is the severely high price of gas. We are raise, the administration noted that
defending America. It is unconscion- once again seeing record gas prices this the Presidents proposal, in their opin-
able to suggest our troops arent worth Memorial Day, making the prospect of ion, provided a good quality of life for
a half percent more in pay, while many travel daunting for many families. Why servicemembers and families.
of their families scrape by on food is this trend continuing? For 6 years, Mr. President, apparently you have
stamps or pay for their own body President Bush and the Republican not read the 2004 Kaiser Family Foun-
armor. Congress failed to enact a comprehen- dation report that indicates that over
Paying our troops what they deserve sive energy strategy to provide relief one in five military families rely on
should go hand in hand with relieving from these skyrocketing costs. food stamps or WIC for Federal aid.
them of taxes they dont deserve. That This Democratic Congress is ready to
This is simply unacceptable.
is why the gentleman from Virginia act and move our Nation in a new di-
The best way we can send a message
(Mr. DAVIS) and I introduced a bill last rection on energy. Already we have
to our troops that we support the
week to eliminate Federal taxation of voted to roll back billions of dollars in
subsidies to Big Oil and instead rein- grueling work that they do on a daily
student loan reimbursements to mili-
vest those funds in renewable energy. basis is by showing it, by putting more
tary personnel and Federal civilian em-
And now this week we will take up the money in their pockets so they can
ployees.
Our bill, H.R. 2363, eliminates this issue of price gouging by the oil indus- better provide for their families.
tax and creates an incentive to help try. We have seen the first quarter re- The bottom line is that men and
our Armed Forces compete with pri- ports. The oil companies are making women fighting in Iraq or Afghanistan
vate sector recruitment and retention record profits, and it is time they were should not have to supplement their in-
by lowering the soaring debt faced by held accountable. come through living on food stamps or
college graduates. Mr. Speaker, this Democratic Con- WIC. We encourage the President to re-
Mr. Speaker, as we salute our troops gress will work hard to pass legislation consider the veto threat and to support
and honor our fallen this Memorial that can establish a new, smart, and the entire pay raise.
Day, lets give them the pay raise they fair energy policy for the American f
deserve. people. FINDING MIDDLE GROUND ON
f f IMMIGRATION REFORM
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EMPHASIZING PREVENTIVE CARE HONORING VERA WERNER ON HER (Mr. PENCE asked and was given per-
IN MEDICARE PROGRAM 105TH BIRTHDAY mission to address the House for 1
(Mrs. CAPITO asked and was given (Mrs. BACHMANN asked and was minute.)
permission to address the House for 1 given permission to address the House Mr. PENCE. Mr. Speaker, last year,
minute.) for 1 minute.) the President of the United States

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H5628 CONGRESSIONAL RECORD HOUSE May 23, 2007
called on Congress to find a rational Finally, last week President Bush an- line or other petroleum distillate covered,
middle ground between amnesty and nounced an executive order addressing and the time period that such proclamation
mass deportation in the debate over this growing problem. Unfortunately, shall be in effect.
(B) DURATION.The proclamation
immigration reform. Then, as now, the his plan doesnt call for any action
(i) may not apply for a period of more than
Senate is moving legislation that until the weeks before he leaves office 30 consecutive days, but may be renewed for
would respond to the Presidents call in 2009, and this is far too little and such consecutive periods, each not to exceed
by simply granting amnesty to mil- years too late. 30 days, as the President determines appro-
lions of illegal immigrants. Since taking control of Congress this priate; and
But amnesty is not the middle year, Democrats have already passed (ii) may include a period of time not to ex-
ground. The true middle ground of this measures to reduce the price of gas in ceed 1 week preceding a reasonably foresee-
national debate would put border secu- this country and invest in renewable able emergency.
(3) FACTORS CONSIDERED.In determining
rity first; reject amnesty and require energy. We are dedicated to curbing
whether a person has violated paragraph (1),
that all illegal immigrants leave the our Nations addiction to foreign oil there shall be taken into account, among
country and apply outside the United and investing in our resources in the other factors
States for the legal right to live and Midwest, instead of buying more from (A) whether the amount charged by such
work here; create a new center built on the Middle East. person for the applicable gasoline or other
the private sector that could make Mr. Speaker, Democrats refuse to petroleum distillate at a particular location
that an orderly process; temporary stand idly by while gas prices rise in an area covered by a proclamation issued
workers returning to America would across the country. This week we will under paragraph (2) during the period such
proclamation is in effect
learn English; and employers hiring fight price gouging, something that the (i) grossly exceeds the average price at
illegals would face serious penalties. past Republican Congresses were un- which the applicable gasoline or other petro-
That is the true rational middle willing to do. leum distillate was offered for sale by that
ground, and after the Senate is done American consumers need help now, person during the 30 days prior to such proc-
with its work, I hope it is the middle not in 2009, and this new Democratic lamation;
ground that we find in this Chamber on Congress is going to deliver. (ii) grossly exceeds the price at which the
behalf of the American people. same or similar gasoline or other petroleum
f
distillate was readily obtainable in the same
f
ANNOUNCEMENT BY THE SPEAKER area from other competing sellers during the
MAKING AMERICA LESS PRO TEMPORE same period;
DEPENDENT ON FOREIGN OIL (iii) reasonably reflected additional costs,
The SPEAKER pro tempore (Mr. AN- not within the control of that person, that
(Mr. KAGEN asked and was given DREWS). Pursuant to clause 8 of rule were paid, incurred, or reasonably antici-
permission to address the House for 1 XX, the Chair will postpone further pated by that person, or reflected additional
minute.) proceedings today on motions to sus- risks taken by that person to produce, dis-
Mr. KAGEN. Mr. Speaker, for too pend the rules on which a recorded vote tribute, obtain, or sell such product under
long our Nation has been dependent on or the yeas and nays are ordered, or on the circumstances; and
foreign oil. Today all of our constitu- (iv) was substantially attributable to local,
which the vote is objected to under regional, national, or international market
ents and all Americans are feeling that clause 6 of rule XX. conditions; and
lack of independence at the pump. It is Record votes on postponed questions (B) whether the quantity of gasoline or
time for this Congress to enact real- will be taken later today. other petroleum distillate the person pro-
istic and effective energy legislation duced, distributed, or sold in an area covered
f
that will help America become energy by a proclamation issued under paragraph (2)
independent. FEDERAL PRICE GOUGING during a 30-day period following the issuance
We must begin to invest in the re- PREVENTION ACT of such proclamation increased over the
sources we have right here at home. We quantity that that person produced, distrib-
Mr. RUSH. Mr. Speaker, I move to uted, or sold during the 30 days prior to such
must work together to create solutions suspend the rules and pass the bill proclamation, taking into account usual sea-
to rely on our own ingenuity rather (H.R. 1252) to protect consumers from sonal demand variations.
than the unreliable sources of foreign price-gouging of gasoline and other (b) FALSE PRICING INFORMATION.It shall
energy. Some of these solutions begin fuels, and for other purposes, as amend- be unlawful for any person to report to a
right on the farm, like in my own dis- ed. Federal agency information related to the
trict in northeast Wisconsin. Biodiesel, wholesale price of gasoline or other petro-
The Clerk read the title of the bill. leum distillates with actual knowledge or
methane digesters, cellulosic ethanol, The text of the bill is as follows: knowledge fairly implied on the basis of ob-
all of these measures will help us be-
H.R. 1252 jective circumstances that such information
come independent once again. It begins is false or misleading.
Be it enacted by the Senate and House of Rep-
with a $5 million investment in our (c) DEFINITIONS.As used in this section
resentatives of the United States of America in
own family farms, the energy inde- Congress assembled, (1) the term wholesale, with respect to
pendent family farm program. This sales of gasoline or other petroleum dis-
SECTION 1. SHORT TITLE.
provision will be included in the farm tillates, means either truckload or smaller
This Act may be cited as the Federal sales of gasoline or petroleum distillates
bill, and I urge all my colleagues to Price Gouging Prevention Act. where title transfers at a product terminal
support it, along with the other posi- SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE or a refinery, and dealer tank wagon sales of
tive measures within it. AND OTHER PETROLEUM DIS-
gasoline or petroleum distillates priced on a
By investing and creating energy TILLATES DURING EMERGENCIES.
delivered basis to retail outlets; and
independence on the farm, we will take (a) UNCONSCIONABLE PRICING. (2) the term retail, with respect to sales
the first step in becoming less depend- (1) IN GENERAL.It shall be unlawful for of gasoline or other petroleum distillates, in-
any person to sell, at wholesale or at retail
ent on foreign sources of energy. cludes all sales to end users such as motor-
in an area and during a period of an energy ists as well as all direct sales to other end
f emergency, gasoline or any other petroleum users such as agriculture, industry, residen-
PRESIDENT PROPOSING TOO distillate covered by a proclamation issued tial, and commercial consumers.
LITTLE TOO LATE under paragraph (2) at a price that (d) CONSTRUCTION.As described in this
(A) is unconscionably excessive; and section, a sale of gasoline or other petroleum
(Mr. PALLONE asked and was given (B) indicates the seller is taking unfair ad- distillate does not include a transaction on a
permission to address the House for 1 vantage of the circumstances related to an futures market.
minute.) energy emergency to increase prices unrea- SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE
Mr. PALLONE. Mr. Speaker, for 6 sonably. COMMISSION.
years President Bush and Republican (2) ENERGY EMERGENCY PROCLAMATION. (a) ENFORCEMENT BY FTC.A violation of
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(A) IN GENERAL.The President may issue section 2 shall be treated as a violation of a


Congresses ignored the record gas
an energy emergency proclamation for any rule defining an unfair or deceptive act or
prices that seemed to pop up every area within the jurisdiction of the United practice prescribed under section 18(a)(1)(B)
year just before Memorial Day. Once States, during which the prohibition in para- of the Federal Trade Commission Act (15
again this year, American consumers graph (1) shall apply. The proclamation shall U.S.C. 57a(a)(1)(B)). The Federal Trade Com-
are paying for their inaction. state the geographic area covered, the gaso- mission shall enforce this Act in the same

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5629
manner, by the same means, and with the (1) be heard on all matters arising in such The SPEAKER pro tempore. Is there
same jurisdiction as though all applicable civil action; and objection to the request of the gen-
terms and provisions of the Federal Trade (2) file petitions for appeal of a decision in tleman from Illinois?
Commission Act were incorporated into and such civil action.
made a part of this Act. In enforcing section (d) CONSTRUCTION.For purposes of bring-
There was no objection.
2(a) of this Act, the Commission shall give ing any civil action under subsection (a), b 1030
priority to enforcement actions concerning nothing in this section shall prevent the at-
companies with total United States whole- torney general of a State from exercising the
Mr. RUSH. Mr. Speaker, I yield my-
sale or retail sales of gasoline and other pe- powers conferred on the attorney general by self such time as I may consume.
troleum distillates in excess of $500,000,000 the laws of such State to conduct investiga- Mr. Speaker, gasoline prices are now
per year. tions or to administer oaths or affirmations at record highs. The average price of
(b) CIVIL PENALTIES. or to compel the attendance of witnesses or gas is $3.19 nationwide, with my home
(1) IN GENERAL.Notwithstanding the pen- the production of documentary and other State of Illinois having higher prices
alties set forth under the Federal Trade evidence. than any other at $3.46 a gallon. Now,
Commission Act, any person who violates (e) VENUE; SERVICE OF PROCESS.In a civil
this Act with actual knowledge or knowledge rising gas prices are one thing, and I
action brought under subsection (a)
fairly implied on the basis of objective cir- (1) the venue shall be a judicial district in fully recognize the reality of global oil
cumstances shall be subject to the following which markets, the current state of our refin-
penalties: (A) the defendant operates; ery capacity, and the basic laws of sup-
(A) PRICE GOUGING; UNJUST PROFITS.Any (B) the defendant was authorized to do ply and demand. But the gouging of
person who violates section 2(a) shall be sub- business; or American consumers is another matter
ject to (C) the defendant in the civil action is entirely, and the bill on the floor, H.R.
(i) a fine of not more than 3 times the found; 1252, the Federal Price Gouging Protec-
amount of profits gained by such person (2) process may be served without regard to
through such violation; or tion Act, ensures that American con-
the territorial limits of the district or of the
(ii) a fine of not more than $3,000,000. State in which the civil action is instituted; sumers are protected from companies
(B) FALSE INFORMATION.Any person who and that will prey on them during emer-
violates section 2(b) shall be subject to a (3) a person who participated with the de- gencies when they are most vulnerable.
civil penalty of not more than $1,000,000. fendant in an alleged violation that is being I want to commend the gentleman
(2) METHOD.The penalties provided by litigated in the civil action may be joined in from Michigan (Mr. STUPAK) for a fine
paragraph (1) shall be obtained in the same the civil action without regard to the resi- piece of legislation that is both
manner as civil penalties obtained under sec- dence of the person. thoughtful and careful in its scope. On
tion 5 of the Federal Trade Commission Act (f) LIMITATION ON STATE ACTION WHILE
(15 U.S.C. 45). the one hand, the bill is tough and de-
FEDERAL ACTION IS PENDING.If the Federal
(3) MULTIPLE OFFENSES; MITIGATING FAC- Trade Commission has instituted a civil ac- cisive. It gives the Federal Trade Com-
TORS.In assessing the penalty provided by tion or an administrative action for viola- mission the tools to crack down on and
subsection (a) tion of this Act, no State attorney general, punish those companies that would
(A) each day of a continuing violation shall or official or agency of a State, may bring an price-gouge American consumers by
be considered a separate violation; and action under this subsection during the unscrupulously taking advantage of
(B) the court shall take into consideration, pendency of that action against any defend- unique energy shortages and uncon-
among other factors, the seriousness of the ant named in the complaint of the Federal scionably raising the price of gasoline
violation and the efforts of the person com- Trade Commission or the other agency for
mitting the violation to remedy the harm on the American consumer.
any violation of this Act alleged in the com-
caused by the violation in a timely manner. plaint. On the other hand, the bill explicitly
SEC. 4. CRIMINAL PENALTIES. (g) ENFORCEMENT OF STATE LAW.Nothing takes into account the totality of mar-
(a) IN GENERAL.In addition to any pen- contained in this section shall prohibit an ket forces, both domestic and inter-
alty applicable under section 3, any person authorized State official from proceeding in national. H.R. 1252 preserves the abil-
who violates section 2 shall be fined under State court to enforce a civil or criminal ity of companies to mitigate against
title 18, United States Code statute of such State. legitimate risks and raise prices as
(1) if a corporation, not to exceed SEC. 6. LOW INCOME ENERGY ASSISTANCE. necessary. Simply put, the bill is care-
$150,000,000; and Amounts collected in fines and penalties
(2) if an individual not to exceed $2,000,000,
fully written such that if a company is
under section 3 of this Act shall be deposited
or imprisoned for not more than 10 years, or found liable of price gouging under this
in a separate fund in the treasury to be
both. known as the Consumer Relief Trust Fund. act, then they are in fact price
(b) ENFORCEMENT.The criminal penalty To the extent provided for in advance in ap- gouging. It is very difficult to argue
provided by subsection (a) may be imposed propriations Acts, the fund shall be used to that we are overreaching or too vague
only pursuant to a criminal action brought provide assistance under the Low Income in this bill.
by the Attorney General or other officer of Home Energy Assistance Program adminis- As chairman of the Subcommittee on
the Department of Justice. tered by the Secretary of Health and Human
SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY
Commerce, Trade, and Consumer Pro-
Services. tection, I fully support Mr. STUPAKs
STATE ATTORNEYS GENERAL.
SEC. 7. EFFECT ON OTHER LAWS. bill and its expeditious treatment on
(a) IN GENERAL.A State, as parens
patriae, may bring a civil action on behalf of (a) OTHER AUTHORITY OF FEDERAL TRADE the suspension calendar. It is impor-
its residents in an appropriate district court COMMISSION.Nothing in this Act shall be
construed to limit or affect in any way the
tant for the American people to know
of the United States to enforce the provi- we are on the ball, and that this ball is
sions of section 2(a) of this Act, or to impose Federal Trade Commissions authority to
bring enforcement actions or take any other moving quickly to address their con-
the civil penalties authorized by section
3(b)(1)(B), whenever the attorney general of measure under the Federal Trade Commis- cerns. I urge Members of the House to
the State has reason to believe that the in- sion Act (15 U.S.C. 41 et seq.) or any other pass the legislation.
terests of the residents of the State have provision of law. Mr. Speaker, I reserve the balance of
been or are being threatened or adversely af- (b) STATE LAW.Nothing in this Act pre- my time.
fected by a violation of this Act or a regula- empts any State law. Mr. PENCE. Mr. Speaker, I ask unan-
tion under this Act, involving a retail sale. The SPEAKER pro tempore. Pursu- imous consent to control the time of
(b) NOTICE.The State shall serve written ant to the rule, the gentleman from Il- the gentleman from Texas.
notice to the Federal Trade Commission of linois (Mr. RUSH) and the gentleman
any civil action under subsection (a) prior to The SPEAKER pro tempore. Is there
initiating such civil action. The notice shall
from Texas (Mr. BARTON) each will con- objection to the request of the gen-
include a copy of the complaint to be filed to trol 20 minutes. tleman from Indiana?
initiate such civil action, except that if it is The Chair recognizes the gentleman There was no objection.
not feasible for the State to provide such from Illinois. Mr. PENCE. I reserve the balance of
prior notice, the State shall provide such no- GENERAL LEAVE my time.
tice immediately upon instituting such civil Mr. RUSH. Mr. Speaker, I ask unani- Mr. RUSH. Mr. Speaker, I yield 1
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action. mous consent that all Members may minute to the gentleman from Wis-
(c) AUTHORITY TO INTERVENE.Upon re-
ceiving the notice required by subsection (b), have 5 legislative days to revise and ex- consin (Mr. KAGEN).
the Federal Trade Commission may inter- tend their remarks and include extra- Mr. KAGEN. Mr. Speaker, yesterday
vene in such civil action and upon inter- neous material on the bill under con- in my hometown of Appleton, Wis-
vening sideration. consin, the price for a gallon of gas hit

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H5630 CONGRESSIONAL RECORD HOUSE May 23, 2007
$3.45. Since President Bush assumed of- those reasons, I urge my colleagues to and there is no reason to step down
fice, the price for gas has nearly dou- oppose this bill. from the challenge that is ahead of us
bled. Higher prices for gas punish all Mr. RUSH. Mr. Speaker, I yield 1 because of these Republicans. I think
Americans, punish small businesses, minute to the gentleman from Con- we can do better, and our history as
students, senior citizens, farmers, and necticut (Mr. COURTNEY). Americans show that we will do better
even our local, State and Federal Gov- Mr. COURTNEY. Mr. Speaker, I if we have the right leadership.
ernments as well. strongly support passage of the Price I urge my colleagues to support the
Everybody is asking, why? Why did Gouging Prevention Act, and I com- Federal Price Gouging Protection Act
the price at the pump go up even when mend Congressman STUPAK for his because it fulfills Americas promise to
the cost per barrel went down? The leadership on this issue. do what Americans can do if they put
most likely answer is price gouging In eastern Connecticut, where I come their mind to it, and that is to do bet-
somewhere along the supply line, from from, the price of gas has reached its ter and get off this dependency on for-
the oil company to the refinery to the highest level in history, $3.26 today, up eign oil.
speculators in the options markets who 31 cents from a month ago, and more Mrs. BACHMANN. Mr. Speaker, I re-
buy and hold the oil for only a nano- than $1 since February. serve the balance of my time.
second. The Government Accountability Of- Mr. RUSH. Mr. Speaker, I reserve the
People everywhere want answers, and fice reported on Tuesday that the in- balance of my time.
here is what we can do. Today the creasing gasoline prices have cost con- PARLIAMENTARY INQUIRY
House will consider the Federal Price sumers an extra $20 billion this year, Mr. STUPAK. Mr. Speaker, par-
Gouging Prevention Act. And along and we are only in May. That is a tax liamentary inquiry.
with Congressman STUPAK and Con- on consumers. It is a tax on small busi- The SPEAKER pro tempore. The gen-
gressman RUSH and others, we will put nesses. It has a ripple effect all tleman will state his parliamentary in-
a cop back on the block. What we need throughout our economy. quiry.
is effective and active oversight, not And this is not just about driving Mr. STUPAK. Mr. Speaker, if the
hide-and-seek politics. over Memorial Day weekend. This is other side has no more Members avail-
Lets take this step together in the about whether or not energy prices are able to speak on this legislation, are
right direction. This bill defines what going to cripple the ability of this they not then required under House
price gouging is. I urge my colleagues economy to grow and thrive and pros- rules to yield back the balance of their
to support H.R. 1252. per. time?
Mrs. BACHMANN. Mr. Speaker, I ask It is time to put accountability into The SPEAKER pro tempore. The gen-
unanimous consent to claim the time the system. The Stupak bill is not tleman from Illinois will close.
for our side. price controls, it is a system to make Mr. STUPAK. Mr. Speaker, what I
The SPEAKER pro tempore. Is there sure that the price is a fair one and is asked was if the other side has no more
objection to the request of the gentle- justifiable according to market condi- speakers available, can they continue
woman from Minnesota? tions. Those are the tools that we are to reserve time, or do they have to
There was no objection. giving to the Federal Trade Commis- yield back the balance of their time?
Mrs. BACHMANN. Mr. Speaker, I sion. The SPEAKER pro tempore. The gen-
yield 2 minutes to the gentleman from Mrs. BACHMANN. Mr. Speaker, I tleman from Illinois may continue to
Louisiana (Mr. BOUSTANY). yield 30 seconds to the gentleman from reserve his time.
Mr. BOUSTANY. Mr. Speaker, I urge Louisiana (Mr. BOUSTANY). Mr. BARTON of Texas. Mr. Speaker,
my colleagues to oppose this bill. Lets Mr. BOUSTANY. Mr. Speaker, I just I ask unanimous consent to claim the
make no mistake about this. The last- want to respond to that. We are dealing balance of time on our side.
minute changes dont improve this leg- with a world energy market, a world The SPEAKER pro tempore. Is there
islation. The revisions are simply fig- energy market. This bill basically objection to the request of the gen-
leaf changes to provide cover for oil doesnt seem to understand that prices tleman from Texas?
patch Democratic Members who are are set on world markets. Clearly what There was no objection.
being strong-armed into voting for this we need to do is understand that aspect Mr. BARTON of Texas. May I inquire
bill. of this to craft a meaningful energy as to how much time I have?
No matter how much you dress this policy. The SPEAKER pro tempore. The gen-
up, this bill is still about price con- That is why investment in tech- tleman from Texas has 18 minutes re-
trols. We tried price controls in the nology to come up with a broad range maining. The gentleman from Illinois
1970s, and they didnt work. It resulted of alternative energy sources is the ap- has 1412 minutes remaining.
in mass rationing, long lines at the propriate way to approach this. We Mr. BARTON of Texas. May I further
pump, and consumer outrage. History dont want to go back to the price con- inquire if I am the last speaker? Is Mr.
is quite clear on this. trols of the 1970s. RUSH prepared to close?
George Mason University economist Mr. RUSH. Mr. Speaker, I yield 1 Mr. RUSH. Mr. Speaker, we have ad-
Walter Williams has said: Politicians minute to the gentleman from Rhode ditional speakers.
of both parties have rushed in to ex- Island (Mr. KENNEDY). Mr. BARTON of Texas. Mr. Speaker,
ploit public ignorance and emotion. Mr. KENNEDY. Mr. Speaker, setting I yield myself such time as I may con-
But theres an important downside to new records in the United States is sume.
these political attacks on producers. generally associated with achieve- Mr. Speaker, let me first say that it
What about the next disaster? How ments and innovation. is appropriate that the House bring
much sense does it make for producers Unfortunately, this week our Nation this type of legislation in this Congress
to make the extra effort to provide hit a new record that most consumers before the body because gasoline prices
goods and services if they know they are not celebrating. Gasoline prices are high, and the American public is
risk prosecution for charging what were reported to reach nationwide concerned about those high prices, so it
might be seen as unconscionable averages of $3.20 or higher. is not inappropriate to consider legisla-
prices? It is not hard to understand these tion of this type. We did it twice in the
Mr. Williams is right. prices if you look at the Republican- last Congress, passed an anti-price-
The American public deserves better. controlled Congress Energy Policy Act gouging bill, once as part of a larger
Congress has the responsibility to pass of 2005, which provided billions of dol- energy package and once as a stand-
a balanced, comprehensive energy pro- lars to the oil and gas companies while alone piece of legislation. So there is
gram that uses innovative technology
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spending only pennies on renewable ef- nothing inappropriate about bringing


to explore and expand our domestic en- forts for fuel that would allow us to get this before the body.
ergy supply, to move us towards energy ourselves off the dependency on foreign Having said that, I think it is fair to
independence. The last thing we need oil. say that it is inappropriate, at least in
to do is to turn back the clock to the As Americans, we do not have a his- my opinion, to bring it before the body
failed energy policies of the 1970s. For tory of shying away from a challenge, in the way it has been brought. The bill

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5631
that is actually before us, I dont know Now, I wasnt here to hear Mr. STU- mittee, have some hearings, try to de-
how many Members of the majority PAKs opening statement, and he may velop a little bipartisanship, bring a
saw this bill as it is currently config- not have said this, but he said yester- different bill to the floor, and probably
ured, but nobody in the minority saw it day in the oversight hearing the price pass with an overwhelming margin.
until approximately 2:45 p.m. yesterday of crude oil has dipped slightly. He So Im going to vote against this bill,
afternoon. doesnt understand why the price of and Im going to ask that all my col-
When I left the Capitol at approxi- gasoline has gone up. And all you have leagues take a serious look at it, vote
mately 6:15, it had still not been no- to do is look at the housing market in against it, so we can figure out the
ticed that it was going to be on the sus- northern Virginia to get the answer to right thing to do. And the next time we
pension calendar this morning. It may that. bring an energy package, dont just
have been noticed and I just didnt get I had supper last evening with my bring something thats symbolic to the
that notice, but I was told it was up at son who is working at the Department floor. Lets bring a bill that helps build
10 a.m. this morning, and now its 10:45. of Energy. They are living in a home new refineries. Lets bring a bill that
So those of us in the minority have a thats probably 35 years old. I dont actually increases the supply. Yes, lets
certain sense of concern that weve not know what that home cost brand new bring a bill that might do something to
been contacted. Weve not been asked when it was built, but a good guess limit demand. I think the time has
for our input. would be $30, $40,000. That price at the come to look at some of those bills se-
b 1045 time was based on the cost of construc- riously.
tion, the cost of the land, fair profit for Lets bring a package that actually
Weve not been allowed to negotiate, the builder and real estate agent. So might do something, other than rhetor-
participate in any shape, form or fash- you could say the cost of that property ical, to bring gasoline prices in the
ion. All weve been allowed to do is was $30 or $40,000. Well, the people United States back down to levels that
come onto the floor, in my case at that own the home have just sold it. It we think are more appropriate.
10:45, and speak on the bill, and at wouldnt be appropriate to tell the I dont like to pay 3 dollars or more for gas
some point in time, I assume there will exact selling price. My son is renting anymore than our constituents do, but this leg-
be a vote on it. it, but its over $700,000. islation wont do a single thing to keep market
I did study the bill last evening. I Now, is that price gouging? No. Its prices down or address the reasons gas
have lots of concerns about this bill. I what the market demand for housing prices are rising. What it will do is threaten le-
dont know what unconscionably ex- in northern Virginia is. Its not related gitimate businesses with huge fines and hard-
cessive means. Its not defined in stat- to the cost of the property, its related working people with long jail terms. Further-
ute. As far as I can tell, its not been to the demand for housing in northern more, the bill could quite possibly lead to price
defined in any case law. Apparently, Virginia. So those folks have made a controls and 1970s-style gas lines. I oppose
its going to be determined on a case- nice profit. the legislation before us today for substantive
by-case basis. Well, the same thing in the oil indus- reasons, as well as based on the processor
I also asked my staff to check try. Demand for oil is going up in lack of processthat has brought this bill to
around, see if there had been price- China, demand for oil is going up in the Floor.
gouging lawsuits brought in the var- Europe, demand for oil is going up in First, Mr. Speaker, I want the American pub-
ious States. Over half of the States of Asia, demand for oil is going up in the lic to understand how the legislative process
our great Union have price-gouging United States, and if you dont have has broken down in this case. In light of your
statutes on the books. Were aware of more of it, price is going to go up. Is unprecedented intent to remove the minoritys
one State, in the State of Kentucky, that price gouging? No. It is what the right to a motion to recommit, it should not
the Kentucky Attorney General has ei- market requires to balance limited surprise anyone in this chamber that the bill
ther filed a suit or prepared to file a supply with increasing demand. before us has bypassed the Committee of ju-
lawsuit in Kentucky. There may be The price of gasoline in the United risdictionThe Energy and Commerce Com-
others, but thats the only one that I States 3 years ago doubled. Demand ac- mitteeto come straight to the House Floor.
know of. tually increased 1 percent. Now, even- The Committee did not hold a legislative hear-
Theres certainly no systemic out- tually, last time prices got to about $3 ing. The Committee did not hold a mark up.
break of price-gouging lawsuits being a gallon demand did dip slightly, sup- The only opportunity my Committee Members
filed around the country, and if we ply increased a little bit, price went had to seek input from the Federal regulators
really had pandemic price gouging back down. Right before the last elec- with expertise on legislation was yesterday
going on, I think the States that have tion, the price in Texas for gasoline got afternoon during an oversight hearinga
price-gouging statutes would be using down to about $1.90 a gallon. Since my hearing in which the Democratic majority did
their State statues. Theyre not doing friends on the other side have won the not even have a witness testify who rep-
that. election and taken over, the price has resents the independent gas stations. Its real-
Why is that? Well, again, Im not a gone back up to what we see today. Is ly too bad their voice was not heard, because
trained economist, but it seems to me it their fault? It is not their fault right the little Mom-and-Pop gas store owner who
that what we have is a case of the now. Its not BOBBY RUSHs fault, its sells 60 percent of the gas in the U.S. could
chickens coming home to roost. We not BART STUPAKs fault, its not JOHN go to jail for up to 10 years under this bill if
have not done much, if any, on the sup- DINGELLs fault. Its not ED MARKEYs they price their gas wrong.
ply side for our oil situation in this fault over there in the corner. Al- On top of my concern for the absence of
country in the last 30 years; havent though Im tempted to blame Mr. MAR- certain witnesses at our oversight hearing, a
built a refinery, brand new, from KEY, but it wouldnt be fair. new version of this bill was circulated only
scratch, in almost 35 years. Weve put Demand has gone up and supply has yesterday afternoon. Thats right: we have had
almost every place that has any poten- not gone up and the price has gone up, less than 24 hours to review the changes, but
tial for new oil development off-limits. and its going to keep going up until we we are supposed to vote on it. Mr. Speaker,
Cant drill up in ANWR, Alaska; cant do something, both on the demand side I thought things were going to be fair in this
drill off the coast of California; cant and the supply side. Congress, but I seem to have been mistaken.
drill off the coast of Florida; cant drill So, is this the worst bill thats ever The Administration has issued a Statement
off the coast of South Carolina, North been on the floor of the House of Rep- of Administration Policy Against this bill. It indi-
Carolina; cant drill off a lot of por- resentatives? No, its not. Is it the best cates that it will lead to gas shortages and do
tions of the eastern Gulf of Mexico. bill thats ever been on the floor? No, nothing to help consumers.
And funny things happen. As weve its not. You know, I think it is a On the substance of this legislation, I have
kind of sat on our supply haunches and serious concerns that this wont have the in-
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flawed bill. The definitions are not


not done anything, demand worldwide there. The mitigating factors are not tended effect. The Federal Trade Commission
and domestically has gone up, and as there. is the expert on competition policy and has
demand goes up, if you dont have some We would be well-served, since its on conducted several studies and investigations
ability to increase the supply, sooner the Suspension Calendar, to defeat it, of the oil and gas markets markets. In its most
or later that price is going to go up. get 140, 150 votes, then go back to com- recent investigation, the FTC studied each

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H5632 CONGRESSIONAL RECORD HOUSE May 23, 2007
segment of the industry after Hurricane Texas needs to take a closer look at bill, very similar to my bill, has al-
Katrina. Guess what they found? No evidence this bill because his arguments are just ready made it out of committee, and
of price manipulation at the refining level. To not true. we expect a vote on it next month. So
the contrary, they found a competitive market. Mr. Speaker, I yield 3 minutes to the we can actually bring relief to con-
Transportation sector? No evidence of manip- gentleman from Michigan (Mr. STU- sumers now that the Democrats are in
ulation. Inventory levels? Again, no evidence PAK). charge.
of manipulation. Gasoline futures? You Mr. STUPAK. I thank Mr. RUSH for Today, every Member has a choice.
guessed it, Mr. Speaker, no evidence of ma- yielding me time. Id like to respond to Side with big oil or side with the con-
nipulation. the gentleman from Texas and some of sumers who are being ripped off at the
What the FTC found was a competitive mar- the claims he made. gas pump.
ket that responded to the Katrina crisis by First of all, Democrats have only Id like to thank Speaker PELOSI for
changing their priorities and shipping products been in the majority for 4 months, and her work and leadership in bringing
to the areas that needed it. The FTC has stud- we are looking for ways to end this this legislation to the floor, also Chair-
ied the issue repeatedly, and has not found pain that motorists are feeling every man DINGELL of the full Energy and
any evidence of price increases that were not day when they fill up their car at the Commerce Committee, and his staff for
a result of a change in market conditions or gas pump, and that is, to bring forth their help in putting forth a very fine
other factors that may affect the price. the price-gouging legislation you see piece of legislation that is much broad-
It may surprise Members that the FTC is op- before us. er in scope than what we voted on last
posed to a Federal price gouging law. Why? Now, Mr. BARTON says we should not year, has stronger penalties and will
Because theyre concerned that it could do pass this for this reason or that reason. truly give the American people relief
more harm to consumers than good. The Sec- These are just excuses. He complains at the pump.
retary of the Department of Energy opposes it, about the process. With all due respect, Before Members leave for the Memo-
as well as the National Association of Conven- we learned the process from Mr. BAR- rial Day recess, vote to provide your
ience Stores, the U.S. Chamber of Commerce, TON. constituents with some relief at the
the Society of Independent Gas Marketers of Last year, they brought forth a gas gas pump. Vote for H.R. 1252.
America, the American Petroleum Institute, price bill, was introduced on Tuesday, Mr. BARTON of Texas. Mr. Speaker,
and just about every economist who knows May 2, 2006. Wednesday, May 3, 2006, we how much time do we have on this
that price controls harm consumers when they voted on it. We never saw it. This bill side?
cause shortages. What is better, higher-priced has been around for over a year. So The SPEAKER pro tempore. The gen-
gas, or no gas at all? lets stop the excuses. American people tleman from Texas has 9 minutes re-
Mr. Speaker, I agree with the sponsor of dont want arguments about what proc- maining, and the gentleman from Illi-
this bill that people who take unfair advantage ess. They want relief at the pump, and nois has 11 minutes remaining.
of others should be punished. But we already thats what were doing. Mr. BARTON of Texas. Mr. Speaker,
have laws on the books to address those Lookit, today Members of the House I yield 2 minutes to the gentleman
issues at the Federal and state level. Now we have a very simple choice. Vote to from Arizona (Mr. SHADEGG), a member
are going to add a Federal standard to the stand up with consumers, your con- of the committee.
patchwork of state laws for gouginga term stituents, who are paying record gaso- Mr. SHADEGG. Mr. Speaker, I thank
which has no legal or economic meaning. I line prices, nationwide average, record the gentleman for yielding and I rise in
believe it is unnecessary and fear it will return prices, or vote to protect big oil compa- opposition to this legislation, but I
us to the 1970s gas shortages. No retailer will nies enormous profits. compliment my colleague, the gen-
want to supply the market at a higher price My bill, H.R. 1252, which has over 120 tleman from Michigan (Mr. STUPAK).
and risk being fined millions and going to jail bipartisan cosponsors, would give the He has, in fact, worked diligently on
for years. And what wholesaler will risk $150 Federal Trade Commission the explicit this issue, and I join him in my con-
million in fines and possible jail time if they authority to investigate and punish cern about prices that are charged to
raise their price more than a competitor? those who artificially inflate the price the American people. Indeed, he just
Mr. Speaker, I know many here would like
of energy. The bill would provide a indicated he would very much like to
to go home to their constituents over Memorial
clear, enforceable definition of price see relief at the pump, and so would I.
Day recess with a gas price gouging bill rather
gouging; focus enforcement on the I happen to drive a Ford F250, which
than address substantive Federal Energy Pol-
worst offenders, especially companies does not get good gas mileage, and I,
icy that might actually address the factors
that sell more than a half billion dol- along with others, would like to see re-
causing gasoline prices to rise. Republicans
lars a year of gasoline. We strengthen lief at the pump. I certainly commend
were able to pass many energy-related bills
penalties, both criminal and civil, with all those who are cosponsors of this
when we were in the Majority, though Demo-
crats in the House and Senate voted against up to triple damage for those who legislation as having good intentions.
would price-gouge us; and direct the My concern, however, is that it will
almost every piece of legislation that would
penalties collected to go into the Low not achieve that result. The reality is
have increased our domestic energy supply.
I can understand a visitor to California might Income Home Energy Assistance Pro- we do have very high gas prices, and we
suspect they are being gouged at the pump gram. have prices that have gone up dramati-
when they fill up in San Francisco for upwards Congress must pass without any cally in just the recent few months. We
of $4 a gallon, but that is just a result of the more excuses this legislation. Todays all want to know the answer for that,
Federal, State and Local taxes and other state legislation is truly a first step in ad- and Ive spent some time trying to look
fuel requirements. If something is broken, Mr. dressing the outrageous prices were at it.
Speaker, it is not the free market. This Con- seeing at the gas pump. Unfortunately, I dont see evidence
gress must act to increase domestic supply of Well be working to protect con- that there is price gouging and that
gasoline, not enact feel-good legislation that is sumers from high natural gas prices. high gas prices are a result of price
ill-conceived and ineffective. Weve introduced the Prevent Unfair gouging. What I see is that they are
Mr. Speaker, I reserve the balance of Manipulation of Prices legislation to the result of policies of this govern-
my time. improve the oversight of energy trad- ment, and it seems to me that we
Mr. RUSH. Mr. Speaker, I want to re- ing in this country, and I hope we can ought to be looking at the policies of
mind my friend from Texas that he move this legislation later this year. this government.
should take a closer look at the bill. Last year, the House of Representa- For example, we as a Nation, this
The bill explicitly takes into account tives actually voted on a weaker bill, Congress, have imposed a tariff on im-
market conditions, both domestic and on May 3 as I indicated, brought forth ported ethanol. We could bring in eth-
anol produced in other countries at a
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international. The bill has two pages of by Republicans on price gouging. We


mitigating factors. If the costs go up, passed that bill under suspension, like dramatically lower price than the eth-
and they are going up, this bill allows we are today, 38934. The Senate didnt anol were producing in this country
companies to capture the costs. do anything with it. today, but instead, we tax that ethanol
And I would have to just conclude, Im proud to announce that since the and make it even higher priced. Last
Mr. Speaker, that my friend from Democrats are in charge, the Senate year, when the prices went up, I voted

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5633
against price-gouging legislation, but I have the Federal Government getting of these that are the local gathering
dropped my own bill to suspend that in on the side of the consumers. Its spot. These are not people that are
tariff so that we could take advantage just a matter of supply and demand. going to gouge their neighbors.
of lower-priced ethanol. Unfortunately, Thats what the Republicans are argu- You know, I know it is tempting to
the Congress didnt move in that direc- ing. Dont interfere with the free mar- react to constituents frustration with
tion. ket, even if it goes up to $3.20 a gallon high gas prices. We are all frustrated
Two years ago, I went to the com- for gasoline, $3.80 a gallon for gasoline, with that. But the way to do it is not
modities market in New York, and $4 a gallon for gasoline. Dont let the passing a hastily drafted price-control
they told me the problem with gasoline Federal Government help out the con- legislation. We should be focused on
prices is refineries. We do have a lack sumer. the real problem and work for real re-
of refineries in this country, and Ive You know what? The Republicans are sults on this issue. That is what our
dropped legislation to encourage the right. It is a matter of supply and de- constituents want.
construction of more refineries. I think mand. Consumers are forced to supply H.R. 1252 is not going to give us the
there is concern that the refinery in- whatever money the oil companies de- real results. What we are going to see
dustry is holding the capacity of those mand from the consumers. The oil is a turn-back to energy policy, back to
refineries right at the edge so the companies have the consumer over a the Jimmy Carter era. It is a clumsy
prices can be the highest possible. barrel, a barrel of oil that the oil com- attempt, I think, to punish bad actors
But one of the issues you hear is that panies control and that they price. who take advantage of the public. But
part of the reason gasoline prices are They price it wherever they want to the bill adopts some vague language,
so high right now is because of the con- put it. employs some heavy-handed criminal
version from winter gas to summer gas. They tip the consumer upside down, penalties, some unenforceable civil
That conversion is compelled by gov- the oil companies do, and they shake penalties that no small business owner
ernment regulations which drive up the money out of the pockets of consumers could afford.
cost and by government regulations at the pump. The Christians had a bet- I do think its a little bit of legisla-
which spell out precisely how it must ter chance against the lions than the tive overkill, and some people would
be done and that they must draw down consumer has against the oil compa- call it unconscionably excessive. They
supplies. nies at the pumps in the United States are entitled to that point. It was my
It seems to me, before we start tam- today. hope that Congress would go through
pering with the free market, which has All we are saying is lets give the regular order, would address some of
served us so well, and before we start Federal Government a sword to get the issues pertaining to this Nations
passing very wide ranging legislation into the battle in the arena on behalf energy policy, and look for some real
of this type, we have to make a deci- of the consumers in America. And the solutions to the root problem.
sion. Do we want the government to Republicans are saying, we dont want Mr. RUSH. Mr. Speaker, I yield 10
regulate prices? Do we want a huge to arm the Federal Trade Commission seconds to the gentleman from Michi-
new bureaucracy in there looking at a so they can help the consumers so that gan (Mr. STUPAK).
poor mom-and-pop gas station to see if they are not tipped upside down. It is Mr. STUPAK. In response to the last
they raise prices? Or do we want to clear that high gas prices are hitting speaker, this bill does not target mom-
look at the policies of this government families hard, but they are also causing and-pop grocery stores. You have to
which have held down supply and our economy to stall and to sputter sell half a billion dollars of gasoline
which have not met demand? like a jalopy. products.
It seems to me this is simple and The bill before us today addresses Secondly, the record high prices of
straightforward. I understand the urge one potential cause of high prices: oil that we are seeing was not under
to do it, but the problem is, if we em- price gouging by the oil companies. It Jimmy Carter. It was under Ronald
power a massive new government bu- sends a signal to oil companies that Reagan in 1981.
reaucracy, we will not get relief at the there will now be a regulator out there Mr. BARTON of Texas. Mr. Speaker,
pump which Mr. STUPAK wants and that has been empowered to take ac- I yield 2 minutes to Congressman MUR-
which Id like to see. We will indeed tion when unconscionably high prices PHY of Pennsylvania, a member of the
just create a large bureaucracy. are being charged. committee.
The free market, I dont think so. I Mr. TIM MURPHY of Pennsylvania. I
b 1100 think that when we look at this oil thank the gentleman.
In my home State of Arizona, we market, we understand that the con- One of the things thats important to
have tried this. We have had attorney sumer is at the whim of the oil compa- keep in mind is why are gasoline prices
general after attorney general, even in nies. what they are, and it is not the re-
my tenure, when I was in the attorney Mr. BARTON of Texas. Mr. Speaker, tailer. When we look at what has hap-
generals office, we investigated price I yield 2 minutes to a member of the pened to prices over all, lets keep in
gouging and could not find evidence of committee, Mrs. BLACKBURN of Ten- mind that we have become more and
it. Lets look at the market forces that nessee. more dependent upon other nations.
are causing these high prices. I urge Mrs. BLACKBURN. I thank the gen- When we look at whats contributed to
my colleagues to oppose the bill. tleman from Texas. costs, look at this: Crude oil costs are
Mr. RUSH. Mr. Speaker, I yield 3 Mr. Speaker, I do rise today in oppo- 56 percent of the price; taxes are 18 per-
minutes to the gentleman from Massa- sition to this legislation, because I cer- cent of the price; refining nearly 17 per-
chusetts (Mr. MARKEY). tainly feel that it is going to increase cent of the price; distribution and mar-
Mr. MARKEY. I thank the gentleman the cost of gasoline to the American keting, nearly 9 percent of the price.
from Illinois, and for his leadership on people. H.R. 1252 does purport to crack What has happened with regard to
this bill, and the gentleman from down on price gouging and market- crude oil prices, they have doubled
Michigan. The bill before us today place manipulation by integrated large since 2004, they have tripled since 2001,
would give the Federal Trade Commis- oil companies. Yet that is not what and they have gone up over 600 percent
sion the authority to investigate and this legislation is going to do. since the 1980s.
punish wholesale or retail sale of gaso- We had a hearing in committee about But what has happened, as the cost of
line or other petroleum distillates at it yesterday, and I wish, indeed, that a barrel of oil has gone from $11 a bar-
prices that are unconscionably exces- we were going to have the bill before us rel to over $70 a barrel, is Congress has
sive or take unfair advantage of con- for a markup. What I find in this piece continually stood in the way of trying
sumers during any presidentially de- of legislation is that it will put a tar- to come up with more sources. We have
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clared national or regional energy get on the back of every small business abundant supplies. We have the Atlan-
emergency. owner who runs and operates a neigh- tic coast, the gulf coast, the Pacific
Now, we hear from the Republicans, borhood convenience store, a filling coast, the western States and Alaska.
dont interfere in the free market. station or a truck stop. As I said in our Whenever those come up for a vote,
Dont touch the free market. Dont hearing yesterday, there are so many Congress shuts it down. Over 90 percent

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H5634 CONGRESSIONAL RECORD HOUSE May 23, 2007
of Federal lands are off-limits to ex- it negatively impacts every part of our and the Commissioner of the Federal
ploring for the vast supplies of oil we economy. Trade Commission actually came and
have there. Thats why I am here today to show testified. On page 12 of his testimony,
We have shut off some of our other my strong support for the Federal footnote number 24, I would like to
sources, and some are still trying to do Price Gouging Prevention Act. This quote the following: The statute man-
that with regard to using coal as an- bill, authored by my friend Mr. STUPAK dating post-Katrina price investigation
other energy source. We have not fund- and others, would give the Federal effectively defined price gouging as an
ed fully the things we need to do for Trade Commission the authority to average price of gasoline available for
hydrogen fuel cell. We have not gone crack down on the people who price sale to the public that exceeded its av-
far enough with conservation, with our gouge. This bill is an excellent step in erage price in the area for the month
automobiles, with reducing homeowner the short term because it protects con- before the event, unless the increase
uses. sumers and gives the government the was substantially attributable to addi-
So between these issues of explo- teeth it needs to go after market ma- tional costs in connection with produc-
ration, conservation, diversification, nipulators. tion, transportation, delivery and sale
we have not taken the steps we need to In the long term, we are only going of gasoline in that area, or to national
do to truly reduce energy costs. It con- to solve this problem by moving to- or international markets.
cerns me greatly that we are moving wards energy independence. American When questioned yesterday, Commis-
forward to blaming the retailer when families can no longer afford to rely sioner Kovacic said, Weve used it. We
we ought to be looking to blame our- exclusively on oil for their energy have the definition.
selves. After all, if we have supplies of needs. We all know that investing in My legislation makes it clear to take
oil in the gulf coast, which we set off- alternative fuel sources is vital to our these factors into consideration when
limits to ourselves, and, yet, we let national security and to our economy. you determine whether price gouging is
Cuba explore for them, something is Being energy-independent is a goal going on: How much did it cost deliv-
terribly wrong. that many of us have been talking ered at transportation? What was the
I hope that what this Congress does about and working on for many years. bill of sale from the supplier. These are
is work more towards energy independ- That goal has never been more impor- factors in the legislation.
ence and recognize that its changing tant than it is right now. But today is The FTC clearly understands it.
the way we explore for oil and making the time we need to make changes that Members of the House should be able to
sure that we do much more for diver- will reduce gas prices for American understand it. Vote yes on H.R. 1252.
sification of our sources and conserving consumers now, and in the future lets Mr. BARTON of Texas. Mr. Speaker,
our huge energy waste in this country. work towards energy independence. we have two speakers. I think we have
That is what is going to lower the Mr. BARTON of Texas. Mr. Speaker, 2 minutes.
prices of gasoline. I yield 1 minute to a member of the The SPEAKER pro tempore. The gen-
Until we make this commitment as a committee, Congressman BURGESS of tleman from Texas has 1 minute re-
Nation, and until we make this com- Texas. maining.
mitment as a Congress, we will not see Mr. BURGESS. I thank the gen- Mr. BARTON of Texas. One minute
these prices go down. tleman for yielding. remaining. Then we have one speaker
Mr. RUSH. Mr. Speaker, may I in- Mr. Speaker, I have grave concerns left.
quire how much time we have remain- about the bill before us today, specifi- I yield the balance of the time on the
ing? cally the lack of clarity in defining minority side to the distinguished mi-
The SPEAKER pro tempore. The gen- unconscionable. I believe this term nority whip, who is a member of the
tleman from Illinois has 734 minutes to be ambiguous, and, in fact, could committee, on leave, Mr. BLUNT of Mis-
remaining. lead to severe supply shortages in souri.
Mr. RUSH. Mr. Speaker, I yield 2 times of national emergency.
b 1115
minutes to the gentleman from Florida Under this proposal, a gasoline sta-
(Mr. KLEIN). tion owner could receive civil and Mr. BLUNT. I thank the gentleman
Mr. KLEIN of Florida. I thank the criminal penalties totaling $5 million for yielding and for his hard work on
gentleman for the time and thank you and 10 years in prison for charging un- these issues, and I also appreciate my
for the opportunity to speak to this conscionable prices. Yet there is no colleagues from the committee. But I
very important issue. clear definition for what is unconscion- am here to say to my friends that, as
Mr. Speaker, the rising cost of gaso- able. we look at this bill, I dont know what
line is causing huge problems for fami- To add insult to injury, if a station this bill does because the bill is so un-
lies throughout south Florida, which I owner were to charge less than the clear. It didnt go through our com-
represent, and certainly throughout market price, he could also be subject mittee. Like the other legislation we
the whole country. In south Florida a to charges of undercutting the market. passed in this Congress, it is not likely
gallon of gasoline is well over $3.25 and Were I a gasoline station owner in a to become law. I believe we have put
rising. In fact, there is gas even at $3.59 time of crisis, I likely would shut down around 21 bills on the Presidents desk
per gallon in my local area. my pumps and sell Snickers bars and so far this year, a dozen of them to
What is the excuse this time? Is it Coca-Colas and try to make money name post offices. And the reason for
disruptions of oil in the Middle East? that way. that is all of the bills we passed in the
Not that I am aware of. I havent I am not defending those who would House dont create a result, they dont
heard. Hurricane damage to refineries? charge unfairly. I firmly believe, and, create law.
No, again. How about the summer driv- in fact, in my home State of Texas, we Let me just refer to one thing. It
ing season? Seems to me this is May. have a strong antigouging price statute says you cant sell fuel in an emer-
So, again, no excuses, no excuses, but already on the books. If it is deter- gency situation at a price that is, (a),
we just hear more and more excuses mined that illegal pricing has oc- unconscionably excessive. Of course
from oil companies that its the driv- curred, the individuals should be pros- you shouldnt do that. We shouldnt
ers, its this or that. ecuted to the fullest extent of the law. allow that. But we should define what
Yes, there are a lot of answers here, But lets be sure we do not create a that means.
but lets focus on where the market climate which causes business owners One of the supporters of the bill has
manipulation is going on. to stop selling gasoline at a time in cri- told me, well, every court will decide
In my area, tourism drives the econ- sis when we so clearly will need those what that means. I have got to tell
omy. When gas prices go up, the first you, the mom-and-pop grocery and gas-
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resources.
thing families do is they stay within Mr. RUSH. Mr. Speaker, I yield 1 oline station owner cant wonder what
their budget and cut back on their va- minute to the gentleman from Michi- every court is going to decide.
cations, vacations that many times are gan (Mr. STUPAK). This bill is unclear. It needs work. It
planned to Florida. When gas prices go Mr. STUPAK. Mr. Speaker, yesterday puts an undue hardship on people that
up, families and businesses feel it, and we had a hearing on gas price gouging, are trying to make a living running a

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5635
service station, and I urge my col- In sum, Mr. Speaker, this bill is intended to Countries, OPEC. This served as a wake-up
leagues to oppose it. prohibit grossly excessive, pernicious, and call for the United States to begin taking
Mr. RUSH. Mr. Speaker, I yield my- predatory increases in the price of gasoline measures to decrease our dependence on for-
self the balance of my time. during emergenciesbut not to prevent or dis- eign oil. I refuse to continue to allow OPEC,
Mr. Speaker, the opponents of this courage fair and reasonable responses to un- which accounts for 65 percent of internation-
bill, my friends on the other side of the usual market conditions. ally traded oil, to continue to dictate our Na-
aisle, are asking for this Congress to Mr. LEVIN. Mr. Speaker, as a cosponsor of tions gas prices. Antitrust laws must be put
wait until a more perfect time, a more H.R. 1252, I rise in support of the Federal into action and greedy oil exporters need to be
perfect time to help the American con- Price Gouging Prevention Act, and urge its held accountable.
sumer out. passage by the House. I am pleased that we voted yesterday to
Mr. Speaker, I want to remind my Gasoline prices are now at record highs. In pass H.R. 2264, which authorizes the Justice
friends on the other side of the aisle my home state of Michigan, the average price Department to take legal action against OPEC
that the American people are suffering of regular gas is $3.47 a gallona full 66 state-controlled entities who conspire to limit
right now, and they are demanding this cents a gallon higher than it was at this time supply or fix the price of oil.
Congress to take action right now. last year. According to the General Accounting I also believe that building a diverse energy
There can never be a more perfect Office, the rise in gasoline prices this year has portfolio which focuses on renewable, home-
time for this Congress to take action. drained consumers of an extra $20 billion. The grown energy sources like ethanol, biodiesel,
Now is the time to take action. Now is six largest oil companies announced $30 bil- as well as wind, solar, hydro-power and clean-
the time, Mr. Speaker. lion in profits over the first three months of coal technologies is a critical step toward en-
Mr. Speaker, I just want to just in- 2007 alone. This is on top of the $125 billion ergy independence, which will bring down
form my colleagues that scare tactics in profits they racked up last year. prices, and clean up our environment.
will not work this time. If they will The other side says that we should do noth- The Federal Price Gouging Prevention Act
look at this bill, they will see that ing. They say that its a world market for oil, is a critical first step in addressing sky-
scare tactics are nowhere in this bill. and therefore something we cannot control. rocketing energy costs and I urge all my col-
This bill is a scalpel, it is not a meat How then do they explain that the cost of gas- leagues to support the bill.
axe. This bill carefully speaks to the oline has been rising even in the face of falling Mr. WELDON of Florida. Mr. Speaker, I rise
issues that the American people face. world oil prices? We must face the fact that in opposition to price gouging.
This bill is carefully crafted to take there is something wrong in the distribution
into account market conditions, ex- The good news for Florida consumers is
chain, especially during times of energy emer-
plicitly listing those mitigating factors that the state of Florida already has the ability
gencies such as when Hurricane Katrina hit
that will spur the FTC into action. to protect consumers from price gouging.
the Gulf Coast. As a first step in attacking the
Any company that gouges should be problem, we need to give the Federal Trade Florida law finds that gouging has occurred
sought out, should be identified, should Commission the explicit authority to inves- when a commoditys price represents a gross
be brought before justice, should be tigate and punish those who artificially inflate disparity from the average price of that com-
brought before the American people in the price of gasoline. modity during the 30 days immediately prior to
the form of the Federal Trade Commis- The oil companies oppose this bill. The the declared emergency. This applies unless
sion. A company will be found guilty of White House also has indicated that the Presi- the increase is attributable to additional costs
price gouging under this bill only, and dent may veto the bill. With all due resect, we incurred by the seller or to national or inter-
I repeat, only if they engage in uncon- work for our constituents, not the oil compa- national market trends. In fact, Florida law en-
scionable pricing. We do not suspend nies and not the White House. I urge the forcement fully investigated over 58 cases of
free markets nor do we suspend the House to stand with consumers and vote for alleged gouging after Tropical Storm Rita.
laws of supply and demand. this needed legislation. Violators of Floridas anti-gouging law are
Mr. Speaker, again, the American Mr. HARE Mr. Speaker, I rise today in subject to civil penalties of $1,000 per viola-
consumers need us to act, they want us strong support of H.R 1252, the Federal Price tion. In 2005, the State of Florida enacted
to act, they demand that we do act. Gouging Prevention Act. I am proud to be an criminal penalties for those who engage in
Now is the time. Now is the time for us original cosponsor of this important piece of price gouging.
to act. I ask Members of this Congress legislation. In addition to the protections that Florida
to vote in favor of this bill. Oil prices are continuing to skyrocket, in- consumers already have in place through
Mr. DINGELL. Mr. Speaker, H.R. 1252 is in- creasing the burden on American families, State law enforcement, the Federal Trade
tended to stop and punish unscrupulous gaso- small businesses, and individuals who rely on Commission has the authority to investigate
line price gougers. The bill empowers the Fed- their vehicles for their livelihood. Every day I and bring charges against those that engage
eral Trade Commission to go after gougers at hear from troubled constituents who are pay- in price gouging.
all levels of the gasoline distribution chain and ing over $3.00 per gallon at the pump. Con- In a significant departure from previous leg-
to impose stiff penalties on violators. It also stituents like Richard Benefiel, a small busi- islation addressing this issue, Floridians who
provides authority for the States to go after re- ness owner who called me yesterday out of are gouged would not receive a rebate. In-
tail price gougers under Federal law. desperation explaining he would have to shut stead, H.R. 1252 would direct any fines col-
The bill is not, however, intended to prohibit down his shipping operation in less than 30 lected from gougers to a program that largely
all increases in priceonly those increases days unless relief was provided. On the other benefits the Northeast and the Midwest. Pre-
that grossly exceed the suppliers earlier hand, Exxon-Mobil raked in $9.3 billion be- vious legislation on this matter directed that
prices and competitors prices and that do not tween January and Marchits best first quar- any fines collected from price gouging be re-
reflect reasonable responses to an emergency ter in history. This is unacceptable. turned to the State where the gouging oc-
situation. The bill before us today is a much needed curred so that the consumers could be reim-
This bill would not prohibit a seller from rais- step toward addressing market manipulation bursed. H.R. 1252, however, directs that all of
ing prices to compensate for extra risks, such by Big Oil and the egregious impact it has on these funds instead be placed in the Low In-
as staying open while a hurricane is bearing the American consumer. The Federal Price come Home Energy Assistance, LIHEAP,
down, traveling outside an affected area to se- Gouging Prevention Act provides the Federal fund. Unfortunately for the residents of Florida,
cure additional supplies and transport them to Trade Commission with new authority to in- this is a fund that they get little benefit from.
people in need, or postponing regular mainte- vestigate and prosecute energy companies The primary beneficiaries LIHEAP grants are
nance to increase output during an emer- who engage in predatory pricing, market ma- those living in the Northeast and Midwest.
gency. These are all efforts that ameliorate a nipulation, and other unfair practices, with an While New York and Florida have populations
dire situation and the bill is not intended to emphasis on those who profit most, thereby that are nearly equal, New York received 10
discourage them. providing immediate and much needed relief times the amount of LIHEAP money that Flor-
Finally, the bill would permit suppliers to ida received ($247 million for New York vs.
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to consumers.
reasonably factor in other local, regional, na- Yet, this is only the first step in bringing $26 million for Florida). Other large bene-
tional, and international market developments down energy costs. Last year, our Nation hit ficiaries include: New York, Michigan, New
in the quickly-changing and uncertain market its highest dependence on foreign oil, import- Jersey, Pennsylvania, Ohio, Wisconsin, and Il-
conditions characteristic of energy emergency ing 771,000 barrels daily from Saudi Arabia linois. In fact, on a per capita basis, no state
situations. and other Organization of Petroleum Exporting does worse than Florida when it comes to

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H5636 CONGRESSIONAL RECORD HOUSE May 23, 2007
LIHEAP. The bottom line is that if Florida con- My district is currently experiencing some of Since President Bush took office, gas prices
sumers get gouged, those living in the North- the highest gas prices in its history. In several have more than doubled, and previous Con-
east and the Midwest get the rebate. towns in my district, my constituents are pay- gresses have failed to protect consumers from
This bill is more about show than about sub- ing prices as high as $3.49 per gallon to fill price increases. For the first time in years,
stance. Even the comprehensive investigation their tanks. Congress has begun exercising its oversight
by the Federal Trade Commission, FTC, in the The price of gas is a crippling figure for the responsibilities. This is important given that
aftermath of hurricanes Katrina and Rita people of Southeastern Ohio who depend on the six largest oil companies made $30 billion
found no gouging or anti-trust violations. their cars and trucks for transportation. Work- in profits for the first quarter of 2007, on top
The real driver of price for gas is the grow- ing families frequently commute long distances of the $125 billion in record profits for 2006.
ing global demand for energy. The rapid to reach their places of employment. For these I urge my colleagues to vote for this bill,
growth in the worldwide demand for crude oil families, the rise in gas prices is essentially an which aims to reduce the burden of high en-
is being driven primarily by economic growth undeserved pay cut. ergy costs on American families and busi-
in China, India and the United States. The farmers in my district also face the nesses, build on efforts to increase energy ef-
Ironically, during a Congressional hearing challenge of fueling their equipment on which ficiency, lessen our dependence on foreign oil,
on this bill, the proponents of the bill offered they depend to make their modest profits. and cut greenhouse gas emissions in the
some bizarre testimony. When asked if the oil I fear most for the fate of my districts retired longer term.
companies were engaging in collusionwhich and elderly populations. Most of these individ- The SPEAKER pro tempore. The
is already illegala proponent of the bill of- uals are on a fixed income that already limits question is on the motion offered by
fered that what was being engaged in is con- their ability to pay for the prescription drugs the gentleman from Illinois (Mr. RUSH)
scious parallelism. He then offered that you and medical visits they need. The rising price that the House suspend the rules and
cannot prove conscious parallelism in court, of gas places them only further into a bind and pass the bill, H.R. 1252, as amended.
so this bill does virtually nothing to address forces them to make decisions that no Amer- The question was taken.
that. Another advocate for the price-gouging ican should ever face. The SPEAKER pro tempore. In the
bill testified before the committee that drilling I co-sponsored H.R. 1252 because I believe
opinion of the Chair, two-thirds being
[for oil] will do nothing to lower the price of it is time for Congress to intervene on behalf
in the affirmative, the ayes have it.
oil. I am concerned that these individuals are of working Americans. This common-sense
Mr. BARTON of Texas. Mr. Speaker,
so dedicated to an ideology that they defy legislation simply ensures that oil companies
on that I demand the yeas and nays.
common sense. play by the rules and offer consumers a fair
The yeas and nays were ordered.
The most important thing we can do to price for gas, not one that takes advantage of
The SPEAKER pro tempore. Pursu-
lower the price of gas for American consumers circumstances.
I am a firm believer in the power of the mar- ant to clause 8 of rule XX and the
and to ensure our energy independence is to
ketplace to deliver the best possible services Chairs prior announcement, further
expand domestic energy production, expand
to American consumers. Free markets drive proceedings on this question will be
refining capacity in the U.S. by reducing ex-
our economy and make it the most powerful in postponed.
cessive burdens, encouraging more nuclear
power, fostering the development of renew- the world. However, when companies dont f
able energy, and encouraging conservation. play by the rules, they must be punished be- PROVIDING EXCEPTION TO LIMIT
Unfortunately, it took us 12 years to end the cause it is the consumer that ultimately suf- ON MEDICARE RECIPROCAL
Democrat filibuster that kept America from de- fers. BILLING ARRANGEMENTS
veloping more oil and gas off the Outer Conti- I believe that passage of this legislation of-
fers important protections to the people of my Mr. PALLONE. Mr. Speaker, I move
nental Shelf, OCS. Last year we were suc-
district in their daily battle with the price of to suspend the rules and pass the bill
cessful in opening a small portion of the OCS
gas. I encourage my colleagues to lend their (H.R. 2429) to amend title XVIII of the
to oil and gas recovery, and I hope that we
support as well. Social Security Act to provide an ex-
can build on that success. Also, last year we
Ms. HIRONO. Mr. Speaker, I rise in support ception to the 60-day limit on Medicare
secured passage of legislation that allows for
of H.R. 1252, the Federal Price Gouging Pre- reciprocal billing arrangements be-
greater production of oil and gas from Federal
vention Act. tween two physicians during the period
lands. Unfortunately, Democrat leaders have
I am a proud cosponsor of this bill, which in which one of the physicians is or-
introduced legislation and are holding hearings
makes it illegal for any company to sell gaso- dered to active duty as a member of a
to close off those sources of domestic energy
production. We streamlined regulations for nu- line at excessive prices or to take advantage reserve component of the Armed
clear power plants, yet Democrats are consid- of market conditions by increasing prices dur- Forces.
ering injecting new regulations into the proc- ing an energy crisis. It allows the Federal The Clerk read the title of the bill.
Trade Commission and the States Attorneys The text of the bill is as follows:
ess. I was also pleased that we were able to
secure passage of renewable energy tax cred- General to bring lawsuits against corporations H.R. 2429
its. I have cosponsored legislation to extend that charge excessive prices for gasoline. The Be it enacted by the Senate and House of Rep-
these tax cuts for renewable energy and con- bill also permits investigations of companies resentatives of the United States of America in
suspected of price gouging and requires hon- Congress assembled,
servation so they are not allowed to expire.
est and accurate reporting of pricing practices. SECTION 1. EXCEPTION TO 60-DAY LIMIT ON
The Democrats expression of outrage MEDICARE RECIPROCAL BILLING
over gas prices is a bit ironic given that they In the first month of the 110th Congress, the ARRANGEMENTS IN CASE OF PHYSI-
are the ones who have consistently proposed House took away $14 billion in taxpayer sub- CIANS ORDERED TO ACTIVE DUTY IN
higher gas taxes, higher energy taxes like the sidies from the oil companies. This money will THE ARMED FORCES.
proposed BTU tax, and who are presently be reinvested in alternative, renewable energy (a) IN GENERAL.Section 1842(b)(6)(D)(iii)
moving forward with cap and trade global sources. of the Social Security Act (42 U.S.C.
Yesterday the House passed a bill by a bi- 1395u(b)(6)(D)(iii)) is amended by inserting
warming legislation along the lines of what has
partisan 34572 vote, a bill that authorizes the after of more than 60 days the following:
been adopted in Europe. As the Washington or are provided (before January 1, 2008) over
Post pointed out last month, this cap and Justice Department to take legal action
a longer continuous period during all of
trade system has led German consumers to against OPEC state-controlled entities and which the first physician has been called or
pay 25 percent more for electricity than they governments that conspire to limit the supply ordered to active duty as a member of a re-
did two years ago, while German utilities are or fix the price of oil. serve component of the Armed Forces.
making record profits. This higher cost for Hawaiis consumers pay some of the high- (b) EFFECTIVE DATE.The amendment
electricity has made it difficult for some Euro- est gasoline prices in the Nation. In 1998, the made by subsection (a) shall apply to serv-
pean countries to compete with cheaper for- State of Hawaii filed a lawsuit against the ices furnished on or after the date of the en-
major oil companies operating in our state. actment of this section.
eign imports, resulting in European workers
losing their jobs. The lawsuit revealed that 22 percent of an oil The SPEAKER pro tempore. Pursu-
companys nationwide dealer profits came ant to the rule, the gentleman from
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The rhetoric simply does not match the poli-


cies being advocated by the Democrat major- from Hawaii, a state that represented only 3 New Jersey (Mr. PALLONE) and the gen-
ity. percent of the market. Clearly, Hawaiis con- tleman from Texas (Mr. BARTON) each
Mr. SPACE. Mr. Speaker, I rise today in sumers were contributing an excessive share will control 20 minutes.
support of H.R. 1252, the Federal Price of the companys profits in relation to market The Chair recognizes the gentleman
Gouging Prevention Act. share. from New Jersey.

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5637
GENERAL LEAVE not, then they approve it. Then the vides any real precedent here, because
Mr. PALLONE. Mr. Speaker, I ask Speaker of the House or the majority we do have these physicians who are
unanimous consent that all Members leader of the House calls the minority going to serve their country in Iraq
may have 5 legislative days to revise leader of the House and says, We want and we just dont want them to have a
and extend their remarks and include to put this bill on the Suspension Cal- situation where they come back and
extraneous material on the bill under endar. And you do it. they dont have any medical practice. I
consideration. Now, we have a bill before us that just dont think that is fair.
The SPEAKER pro tempore. Is there was not even introduced until the I would mention to the ranking mem-
objection to the request of the gen- House convened this morning. There ber that if we wanted to make a perma-
tleman from New Jersey? has been no hearing, there is no record, nent change in this, we would be sure
There was no objection. there has been no phone call. Chairman to spend more time and work with our
Mr. PALLONE. I yield myself such DINGELL did not call me yesterday, he Republican colleagues in accom-
time as I may consume. did not call me this morning. I dont plishing that goal. This is a temporary
Mr. Speaker, I rise in strong support know if Chairman RANGEL called Rank- measure, and it is just because of the
of this legislation. I thank my good ing Member MCCRERY. I do know that circumstances.
friend from California (Mr. THOMPSON) NANCY PELOSI or STENY HOYER did not Mr. Speaker, I yield to the gentleman
for sponsoring it. This legislation is call JOHN BOEHNER. from California (Mr. THOMPSON) such
necessary to ensure that our Nations So we are now in a situation, we have time as he may consume.
doctors, who are brave enough to serve a little extra time, lets introduce a Mr. THOMPSON of California. Mr.
their country in a time of war, have a bill and pass it in the next 30 minutes. Speaker, I thank the gentleman for
medical practice to serve in when they We did not do that when we were in the yielding.
come home. majority. Mr. Speaker and Members, this is a
Currently, Medicare allows for a phy- Now, this is a good bill. Mr. THOMP- very important bill. There are almost
sician who is ordered to active duty as SON and Mr. JOHNSON deserve accolades 3,000 physicians that are serving our
a member of a reserve component of for seeing a flaw in the current Social country in the Reserves and the Na-
the Armed Forces to enter into a 60- Security law, the Medicare law, and tional Guard. And, as has been pointed
day billing arrangement with another rectifying it. That is not the issue. out, when these folks are deployed and
physician. These arrangements allow The new majority campaigned on a they leave, just like every other person
for physicians to maintain their prac- platform of fairness and openness. Is in the Guard and Reserves that is de-
tices while they go off to take care of this fair? Is this open? ployed, they leave their families, they
our soldiers in combat. This happens to be a good bill. What leave their businesses at home, and
Unfortunately, what we are finding is if it werent? What if it werent? they go over and they serve their coun-
that they are often away longer than 60 The only two Members that really try. But there is just one thing dif-
days, which puts them at odds with the know anything about it are the two co- ferent with these doctors; when they
current Medicare antifraud rules. This sponsors, and thankfully they are both are deployed, they also leave behind
legislation fixes that problem by lift- decent, honorable men, and we have their patients. And these are patients
ing the 60-day limit currently in place, read the substance of the bill and it is who depend upon the medical care they
and allowing a physician who is called okay. But this is not the way the get from that great American who is
to active duty to find a substitute phy- House of Representatives should be now serving his or her country, and
sician to watch over his patients for as run. It is just wrong, W-R-O-N-G, these patients cant go without a doc-
long as he or she is deployed. wrong. tor.
Mr. Speaker, I reserve the balance of So I support the substance of the bill, The way the rules are now, the physi-
my time. but I am adamantly opposed to the cian has to line up someone to take
Mr. BARTON of Texas. Mr. Speaker, process. I hope this thing goes on a their patients in their absence, and
I yield myself such time as I may con- voice vote. If it is a rollcall vote, I am they can only do this for 60 days. This
sume. going to vote present and express, doesnt work. It is bad for the doctors
(Mr. BARTON of Texas asked and when I see Mr. DINGELL, in the strong- and it is bad for the patients. What we
was given permission to revise and ex- est possible terms how upset I am are trying to do is to waive that 60-day
tend his remarks.) about the process. requirement so the physicians can line
Mr. BARTON of Texas. Mr. Speaker, Mr. SAM JOHNSON of Texas. Mr. up one doctor to take their Medicare
I rise in support of the bill on sub- Speaker, will the gentleman yield? patients while they are serving our
stance and in adamant opposition of Mr. BARTON of Texas. I yield to the country in Afghanistan or in Iraq.
the process. gentleman from Texas.
Now, there is absolutely nothing Mr. SAM JOHNSON of Texas. Let me b 1130
wrong with the substance of this bill. just correct one thing. The staff tells And its a temporary measure. Its
It has two distinguished cosponsors, me Mr. RANGEL did call our committee only good through this year. So we can,
one in the majority party, one in the yesterday at 10 oclock in the morning in fact, establish a permanent fix. And
minority party. The underlying sub- on this bill. So the Ways and Means this bill has been vetted all through
stance is eminently fair, and we are Committee was informed. the different committees, and the Ways
not going to ask for a rollcall vote. If Mr. BARTON of Texas. Did he call and Means Committee, both the chair-
it passes on a voice vote, so be it. Mr. MCCRERY? man and the ranking member are very
But having said that, I want to say in Mr. SAM JOHNSON of Texas. Yes. aware of this bill. And my good friend
the strongest possible terms how ex- Mr. BARTON of Texas. Then I stand and committee colleague and war hero
tremely disappointed, and I mean ex- corrected. SAM JOHNSON has signed up on this as
tremely disappointed, that we have a Mr. Speaker, I reserve the balance of a coauthor, recognizing the plight of
bill that is in two committees of juris- my time. both the physicians who are serving,
diction, the Ways and Means Com- Mr. PALLONE. Mr. Speaker, I yield and their patients and their practices
mittee and the Energy and Commerce myself such time as I may consume. at home. And its important that we fix
Committee, and the bill had not even Just in response, I understand where this now and then continue to work on
been introduced, had not even been in- Mr. BARTON is coming from. But I just the permanent fix so we can make sure
troduced until this morning. There was want to point out that we do have bi- that no doctors and no patients who
no bill number. partisan support in the House on the are caught in this vise go without med-
Now, when you put a bill on the Sus- bill. And it is only a temporary meas-
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ical care, or doctors, while serving


pension Calendar, theoretically the ure that lasts for 1 year and provides their country, lose their practices.
majority party, the chairman or chair- immediate relief to these physicians And I just want to say a special
men or chairwomen ask the ranking that are going overseas and fighting for thank you to Dr. Bradley Clair of
member of the minority party if there the country. It is a very special cir- Lakeport, California, my constituent,
is any problem with the bill. If there is cumstance, which I dont think pro- who brought this to my attention. And

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H5638 CONGRESSIONAL RECORD HOUSE May 23, 2007
hes ready to be deployed on his third need an Energy and Commerce Com- I want this House to consider the fact
tour. Hell be going to Iraq. So we need mittee, given that everything appar- that this Iraqi hydrocarbon law con-
to fix it for him, for the other doctors, ently comes to the floor without going tains a mere three sentences that gen-
and patients who are exposed because through the committee process. erally discusses the so-called fair dis-
of this problem. We need to fix it per- But we support the underlying prin- tribution of oil. Except for three scant
manently. And this is the first step in ciples of this bill, and we certainly sup- lines, the entire 33-page hydrocarbon
doing so. port the patriotism and courage of the law is about creating a complex legal
SAM, thank you for your help and two sponsors. structure to facilitate the privatization
your friendship on this and other im- Mr. Speaker, I yield back the balance of Iraqi oil. As such, it is imperative
portant issues. of my time. that Members of Congress read the
Mr. BARTON of Texas. Mr. Speaker, Mr. PALLONE. Mr. Speaker, I would Iraqi Parliaments bill, because pas-
I yield such time as he may consume to just say again, this is a temporary sage of any legislation that includes in-
the minority sponsor of this piece of measure. We have these brave men and sisting that the Iraq Government push
legislation, the Honorable SAM JOHN- women who are leaving to care for our the passage of a hydrocarbon act puts
SON of Plano, Texas. troops in Iraq, were in a time of war, this Congress on record to promote
Mr. SAM JOHNSON of Texas. Mr. and I think its just a very special cir- privatizing Iraqs oil.
Speaker, you know, its not every day cumstance right now. So I would urge Now, I have maintained from the be-
the House gets to consider a bipartisan, my colleagues on both sides of the aisle ginning that the war has been about
commonsense bill thats affordable. to support passage. oil. We must not be a party to any at-
This doesnt cost anything and sup- Mr. Speaker, I yield back the balance
tempt to set the stage for multi-
ports our service men and women over- of my time.
The SPEAKER pro tempore. The national oil companies to take over
seas. However, Im happy to say this is Iraqs oil resources.
one of those days. question is on the motion offered by
Right now the law prevents a Medi- the gentleman from New Jersey (Mr. There have been several benchmarks
care physician from leaving his prac- PALLONE) that the House suspend the set by the administration for the Iraqi
tice for more than 60 days at a time. rules and pass the bill, H.R. 2429. Government, including passage of a so-
And the regulation was created to pre- The question was taken. called hydrocarbon law by the Iraqi
vent fraud, but it had the unintended The SPEAKER pro tempore. In the Parliament. Many inside the Beltway
effect of making life more difficult for opinion of the Chair, two-thirds being are contemplating linking funding for
someone thats called up to serve his in the affirmative, the ayes have it. the war in Iraq to the completion of
Mr. THOMPSON of California. Mr. these benchmarks, including passage of
country. And this bill eliminates the
Speaker, on that I demand the yeas the hydrocarbon law by the Par-
red tape by allowing our reservists to
and nays. liament.
have one substitute doctor for their en-
The yeas and nays were ordered. This administration has led Congress
tire deployment. The SPEAKER pro tempore. Pursu-
Not only will the bill help our reserv- into thinking that this bill is about
ant to clause 8 of rule XX and the fair distribution of oil revenues. In
ists, itll prevent Medicare bene- Chairs prior announcement, further
ficiaries from experiencing a gap in fact, as I mentioned earlier, except for
proceedings on this question will be three scant lines, the entire 33-page hy-
service or losing access to care alto- postponed.
gether. drocarbon law creates a structure to
And I want to thank my colleague f facilitate the privatization of Iraq oil.
from California for bringing this prob- QUESTION OF PERSONAL Now, the war in Iraq is a stain on
lem to my attention, Im surprised we PRIVILEGE American history. Let us not further
hadnt had it brought to our attention Mr. KUCINICH. Mr. Speaker, I rise to besmirch our Nation by participating
before, and for all the work you and a question of personal privilege under in an outrageous exploitation of a na-
your staff have done to get the bill to article IX, clause 1. tion which is in shambles due to the
the floor today. The SPEAKER pro tempore. The U.S. intervention.
Those who serve our country and Chair has been made aware of a valid Let me provide this House with an
their communities need and want our basis for the gentlemans point of per- analysis of the underlying bill in the
assistance, and its time we helped our sonal privilege. Iraqi Legislature, which this adminis-
weekend warriors who happen to be The gentleman from Ohio is recog- tration is trying to get Congress to
doctors to keep their patients and keep nized for 1 hour. pass to pressure the Iraqi Government
their practice. This is a great bill, and Mr. KUCINICH. Mr. Speaker, there is to accept privatization. And this anal-
I appreciate the time. I thank Mr. an issue of critical importance facing ysis that Im offering at this moment
KUCINICH for providing us the oppor- this Congress, and that issue relates to is a version that passed the Iraqi Cabi-
tunity. whether or not this Congress should net and was referred to the Iraqi Par-
Mr. PALLONE. Mr. Speaker, I have pass legislation to continue to fund the liament.
no further requests for time. I was war in Iraq. The legislation contains only three
going to inquire whether my colleague The legislation contains a particular
sentences in regards to the fair dis-
on the other side does. provision that would lead to the privat-
tribution of oil, but does not resolve
Mr. BARTON of Texas. No, Mr. ization of Iraqs oil, a provision that
any of the issues facing this challenge.
Speaker. I yield myself such time as I Im quite concerned about, because I
The legislation simply requires that fu-
may consume briefly. think that if we take that position, it
We support the underlying concept of ture legislation be submitted for ap-
will make it very difficult for us to
the bill, and, as I said, if it passes on a proval; thus this legislation does not
ever be able to end the war.
voice vote, we wont ask for a roll call So today Im going to lay out the even meet the benchmark of the ad-
vote. case as to why this provision thats in ministration.
I do stand by what I said, though, in the bill would advance privatization The legislation ensures that chief
terms of the committee process. Weve and as to what the options are for this executives of important related petro-
got two bills on the suspension cal- Congress. leum companies, follow that now,
endar from the Energy and Commerce As many know, the administration chief executives of important related
Committee. Neither bill had a legisla- has set forth several benchmarks for petroleum companies are represented
tive hearing. Neither bill had a markup the Iraqi Government, including the on a Federal Oil and Gas Council,
at subcommittee or full committee. passage of a hydrocarbon law by the which approves oil and gas contracts.
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Neither bill was introduced in its cur- Iraqi Parliament. The administration This is akin to foreign oil companies
rent form as of 2:45 yesterday after- has emphasized only a small part of approving their own contracts.
noon. Both bills are on the floor today this law, what they call the fair dis- This legislation ensures that the
on the suspension calendar. That does tribution, thats in quotes, of oil reve- Iraqi National Oil Company, which is
call into question whether we even nues. the oil company of the people of Iraq,

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5639
has no exclusive rights for the explo- Now, what are others saying about The proposal would provide for pro-
ration, development, production, trans- this draft Iraqi oil law and what it will duction sharing agreements that would
portation and marketing. The Iraq Na- do? Heres a quote from the Christian give international firms 70 percent of
tional Oil Company must compete Science Monitor of May 18, 2007, in an the oil revenues to recover their initial
against foreign oil companies with article entitled How Will Iraq Share investments and subsequently allow 20
rules that benefit the foreign oil com- the Oil? In the U.S., the demand that percent of the profits without any tax
panies. This is for their own oil. Iraq pass an oil law is a benchmark or restrictions on transferring the
The legislation gives the Iraqi Na- that is becoming a flash point. Heres funds abroad.
tional Oil Company some control of de- the quote. This from CommonDreams.org, April
veloped oil fields and rights to partici-
b 1145 18, 2007, entitled Time to Do the Math
pate in undeveloped oil fields in the in Iraq:
Annex I and II of the legislation, but The actual law has nothing to do
with sharing oil revenue, says former The most notable feature of the law
these annexes have never been made
Iraqi Oil Minister, Issam Al Chalabi, in is a revival of exploitive type of con-
public, so we dont know for sure.
The legislation gives the Iraq Na- a phone interview from Amman, Jor- tact widely used prior to the rise of
tional Oil Company temporary control dan. The law aims to set a framework Arab nationalism in the 1960s, known
of the oil pipelines and export termi- for investment by outside oil compa- as a production sharing agreement. Al-
nals, but then it directs the Federal Oil nies, including favorable production though the Oil Law uses an alternative
and Gas Council, which is run by chief sharing agreements that are typically term, exploration and production con-
executives of oil companies, it directs used to reward companies for taking on tract, the effect is identical. The new
them to turn these assets over to any risk, he says. arrangement would allow the bulk of
entity with no further instructions. We know the oil is there. Geologi- Iraqs reserves to be controlled by out-
The opportunity for a foreign oil com- cal studies have been made for decades side oil companies, privatizing what
pany to have control over the Iraqi oil on these oil fields; so why would we let until now has been a nationalized re-
pipeline and export terminals would them, that is, the international oil source under the auspices of the Iraq
give that company enormous control of companies, have a share of the oil? National Oil Company. It specifies the
the Iraqi oil market. he adds. Iraqis will say this is solid royalty that will be paid to Iraq: 12.5
The legislation demands that con- proof that Americans have staged the percent of gross production, measured
tracts, and this is a quote, must guar- war . . . because of this law. at the entry flange to the main pipe-
antee the best level of coordination The next quote comes from the Dow line. And as if the rest of the law were
with the Oil Ministry, Iraqi National Jones Newswires of March 4, 2007, the not already explicit enough, article
Oil Company, the regions and oil com- headline: Iraq Oil Law Details Un- 35(A) reiterates: Holders of exploration
panies. The legislation mandates that touched Fields, BlocksDocument. and production rights may transfer any
undeveloped oil fields be developed And the text says: net profits from petroleum operations
quickly, and oil companies are given Iraqs draft hydrocarbon law, the to outside Iraq after paying taxes and
explicit authority to collaborate. centerpiece in the development of the fees owed.
The legislation does not require con- countrys shaky oil industry, details This, from a publication called
tracts to be published for public review dozens of untouched oil fields loaded PLATFORM in 2005, entitled Crude
for up to 2 months after approval. The with proven reserves and scores of ex- Designs: The Rip-Off of Iraqs Oil
legislation provides for up to 35 years ploration blocks that may prove a Wealth, by Greg Muttitt:
of exclusive control over oil fields for magnet to international oil companies, At an oil price of $40 per barrel,
foreign oil companies. The legislation according to a document seen by Dow and keep in mind that the price of oil
provides for a preference to Iraqis for Jones Newswires. is about $65 a barrel right now, heading
jobs and services, but only if these ben- In an article from the Dow Jones towards $70 a barrel, but at a price of
efits do not place extra costs or incon- Newswires again, on March 10, 2007, the $40 a barrel, Iraq stands to lose be-
veniences on the foreign oil companies. headline: Some Iraqi Politicians Urge tween $74 billion and $194 billion over
The legislation states that disputes be- Rejection of Draft Oil Law. Heres the the lifetime of the proposed contracts.
tween the State of Iraq and any foreign text:
Under the likely terms of the con-
investors shall be submitted for arbi- The law, if passed, is expected to
tracts, oil company rates of returns
tration to an international court and open the countrys billions of barrels of
from investing in Iraq would range
will not be decided upon by an Iraqi proven oil reserves, the worlds third
from 42 to 162 percent, far in excess of
court. largest, to foreign investors.
the usual industry minimum target of
This legislation has four appendices From an article from the American
around 12 percent return on invest-
whose contents remain secret. Annex I, Lawyer, April 25, 2007, Our Man in
ments.
which is secret, regards to present pro- Iraq. Here is the text:
ducing fields allocated to the Iraqi Na- Under the new law, the Iraq Na- Next, on March 13, 2007, Antonia
tional Oil Company; Annex II, discov- tional Oil Company would have exclu- Juhasz, an oil industry analyst in an
ered or undeveloped fields allocated to sive control of only about 17 of Iraqs op-ed contribution, asks: Whose Oil is
the National Iraqi Oil Company; Annex approximately 80 known oil fields. So it, Anyway? Here is what Antonia
III, discovered undeveloped fields out- that number, then, is 17 of Iraqs ap- Juhasz writes:
side the operations of the Iraqi Na- proximately 80 known oil fields. The Today more than three-quarters of
tional Oil Company; and Annex IV, ex- law would also allow the government the worlds oil is owned and controlled
ploration areas. These appendices will to negotiate different kinds of explo- by governments. It wasnt always this
effectively make clear which old fields ration and production contracts with way. Until about 35 years ago, the
will be controlled by the Iraq National foreign oil companies, including pro- worlds oil was largely in the hands of
Oil Company and which are open to for- duction sharing agreements, or PSAs. seven corporations based in the United
eign control of oil companies. Energy lawyers favor these because States and Europe. Those seven have
And I might add that when you look they allow oil companies to secure since merged into four: ExxonMobil,
at this, out of about 98 oil fields, Iraq long-term deals and book oil reserves Chevron, Shell, and BP. They are
will have control of approximately 80, as assets on their company balance among the worlds largest and most
81 of those oil fields. Excuse me. The sheets. Under the proposed law, foreign powerful financial empires. But ever
foreign oil companies will have control companies would not have to invest since they lost their exclusive control
of about 80, 81 of those oil fields, or their earnings in Iraq, hire Iraqi work- of the oil to the governments, the com-
mstockstill on PROD1PC66 with HOUSE

over 80 percent of Iraqi oil under this ers, or partner with Iraqi companies. panies have been trying to get it back.
agreement will be controlled by foreign Next, from the U.S. Morning Star On- Iraqs oil reserves, thought to be the
oil interests. This is an analysis that line, January 28, 2007, headline: Iraqi second largest in the world, have al-
Im offering based on facts that are as- Officials Insist Oil Law Wont Favor ways been high on the corporate wish
certainable. U.S. list. In 1998 Kenneth Derr, then chief

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H5640 CONGRESSIONAL RECORD HOUSE May 23, 2007
executive of Chevron, told a San Fran- contracts now, while the Iraqi Govern- ing up quickly, as American consumers
cisco audience, Iraq possesses huge re- ment is at its weakest, and then wait are finding out. It is not unusual to
serves of oil and gas, reserves Id love at least 2 years before even setting foot predict at this moment that the price
Chevron to have access to. in the country. The vast majority of of oil could go to $70 a barrel. Now, if
A new oil law set to go before the Iraqs oil would then be left under- it does go to $70 a barrel, we are look-
Iraqi Parliament this month would, if ground for at least 2 years rather than ing here at a potential value of Iraqi
passed, go a long way toward helping being used for the countrys economic oil at being about $21 trillion. Now, if
the oil companies achieve their goal. development. the foreign oil companies have control
The Iraq hydrocarbon law would take The international oil companies over 80 percent or more, you start to
the majority of Iraqs oil out of the ex- could also be offered some of the most get an idea of the kind of money that
clusive hands of the Iraqi Government corporate-friendly contracts in the is at stake here and why there is such
and open it to international oil compa- world, including what are called pro- pressure being put on the Iraqi Govern-
nies for a generation or more. duction sharing agreements. These ment to privatize their oil.
In March, 2001, continuing to quote agreements are the oil industrys pre- Now, I would like to turn to a quote
from this article, the National Energy ferred model but are roundly rejected further talking about the Iraq oil, a
Policy Development Group, better by all the top oil producing countries basic fact. This from the Global Policy
known as Vice President DICK CHENEYs in the Middle East because they grant Forum called Oil in Iraq: the Heart of
energy task force, which included ex- long-term contracts, 20 to 35 years in the Crisis, December, 2002:
ecutives of Americas largest energy the case of Iraqs draft law, and greater According to the Oil and Gas Jour-
companies, recommended that the control, ownership, and profits to the nal, Western oil companies estimate
United States Government support ini- companies than other models. In fact, that they can produce a barrel of Iraqi
tiatives by Middle Eastern countries this kind of contract is used for only oil for less than a $1.50 and possibly as
to open up areas of their energy sec- approximately 12 percent of the worlds little as $1, including all exploration,
tors to foreign investment. One inva- oil. oil field development and production
sion and a great deal of political engi- Iraqs neighbors Iran, Kuwait, and costs and including a 15 percent return.
neering . . . later, this is exactly Saudi Arabia maintain nationalized oil b 1200
what the Iraq oil law would achieve. It systems and have outlawed foreign This is similar to production costs in
does so to the benefit of oil companies control over oil development. They all Saudi Arabia, and lower than virtually
but to the great detriment of Iraqs hire international oil companies as any country. So again, the desirability
economy, democracy, and sovereignty. contractors to provide specific serv- of a private corporation having Iraqs
Since the invasion of Iraq, the ad- ices, as needed, for a limited duration oil is that their production costs would
ministration has been aggressive in and without giving the foreign com- be very low.
shepherding the oil law toward pas- pany any direct interest in the oil pro- A word about the history of oil ex-
sage. It is one of the administrations duced. ploitation in Iraq. Following World
benchmarks for the government of Iraqis may very well choose to use War I, the British assumed control of
Prime Minister Nuri Kamal al-Maliki, the expertise and experience of inter- Iraq from the Ottoman Empire. In 1925,
a fact that the administration offi- national oil companies. They are most a 75-year concession contract was
cials are publicly emphasizing with likely to do so in a manner that best granted to American, French and Brit-
increasing urgency. And, that is that serves their needs if they are freed ish oil companies. By 1930, the consor-
these are the benchmarks of the ad- from the tremendous external pressure tium was in complete control of all
ministration. being exercised by the administration, Iraqi oil. The oil companies controlled
The administration has highlighted the oil corporations, and the presence the oil fields and reaped almost all the
the laws revenue sharing plan, under of 140,000 members of the American profits. It was not until the overthrow
which the central government would military. of the British-installed monarchy in
distribute oil revenues throughout the Iraqs five trade union federations, 1958 that the foreign control of oil was
nation on a per capita basis. But the representing hundreds of thousands of challenged. In 1961, the consortiums
benefits of this excellent proposal are workers, released a statement opposing rights were limited to current produc-
radically undercut by the laws many the law and rejecting the handing of tion. And beginning in 1972, Iraq oil re-
other provisions. These allow much, if control over oil to foreign companies, sources were nationalized, a process
not most, of Iraqs oil revenues to flow which would undermine the sov- that was finalized in 1975.
out of the country and into the pockets ereignty of the state and the dignity of Now, here is a statement issued by
of international oil companies. the Iraqi people. They ask for more the Iraqi Labor Union Leadership at a
Continuing quoting from the article: time, less pressure, and a chance at the seminar held in December of 2006 to
The law would transform Iraqs oil democracy they have been promised. discuss this draft Iraqi oil law: Iraq is
industry from a nationalized model Let me share with this House some rich in national wealth, foremost
closed to American oil companies, ex- basic facts about Iraqi oil because, over among which is its oil wealth, the es-
cept for limited although highly lucra- the past several months, we have had sence of the economic life for Iraq and
tive marketing contracts, into a com- many different news agencies citing di- the world, which has been a focus of at-
mercial industry. verse reports about how much oil Iraq tention of the large, industrialized
So, again, the nationalized model is has. countries in particular.
now closed to American companies ex- From the Petroleum Economist Mag- The British and American oil com-
cept for limited marketing contracts. azine, they estimate that Iraq has 200 panies were the first to obtain conces-
It would transform that into a com- billion barrels of oil. The Federation of sions to extract and invest in Iraqi oil
mercial industry, all but privatized, American Scientists estimate is 215 nearly 80 years ago. After Iraq got rid
that is fully open to international com- billion barrels of oil. The Council on of this octopus network, these foreign
panies. Foreign Relations estimates Iraq has oil companies had again attempted to
The Iraq National Oil Company 220 billion barrels of oil. And the Cen- dominate this important oil wealth
would have exclusive control of 17 of ter for Global Energy Studies esti- under numerous pretexts and invalid
Iraqs 80 known oil fields, leaving two- mates 300 billion barrels of oil. These excuses.
thirds of known and as of yet undis- figures, by the way, from a report from Indeed, Iraqi oil unions have objected
covered oil fields open to foreign con- the Brookings Institution dated May to the Hydrocarbon Act. In an open let-
trol. 12, 2003. ter to the U.S. Congress dated May 13,
The foreign companies would not Now, for the sake of discussion, lets
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2007, just a little more than a week


have to invest their earnings in the take this figure of 300 billion barrels of ago, here are some excerpts:
Iraqi economy, partner with Iraqi com- oil so we can see how much money we Peace be unto you and greetings to
panies, hire Iraqi workers, or share new are talking about here. As I mentioned all.
technologies. They could even ride out earlier, the price of oil, somewhere We wish to clarify certain matters
Iraqs current instability by signing around $65 a barrel right now and mov- relating to events in Iraq for our

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5641
friends among the Members of the U.S. dated March 19, 2007, entitled Iraq 50 million barrels a day. So where is
Congress. It is common knowledge that Open Letter from Iraqi Oil Experts to the oil going to come from? Govern-
the occupation spared neither the Parliament: ments and national oil companies are
young nor the old, and that Iraq is We anticipate that the motive be- obviously controlling about 90 percent
passing through the most difficult of hind the issuance of this law is based of the assets. Oil remains fundamen-
times because all and sundry are on the increase of production capacity tally a government business. While
hounding it and covet a share of its through the attraction of foreign in- many regions of the world offer great
riches. We see no good reason for link- vestments. In this regard, we feel and oil opportunities, the Middle East, with
ing the passing of the feeble Iraq oil recommend to plan the increase of the two-thirds of the worlds oil and lowest
law to the withdrawal of the occupa- capacity gradually, starting with the cost, is still where the prize ultimately
tion troops from Iraq. rehabilitation of currently producing lies. Even though companies are anx-
Everyone knows that the oil law fields by national effort, Iraqi National ious for greater access there, progress
does not serve the Iraqi people, and Oil Company, followed by the develop- continues to be slow.
that it serves the administration, its ment of the giant discovered, but not In an article from Platform, Novem-
supporters and the foreign oil compa- developed or partially developed, fields, ber 2005, called Crude Designs: The
nies at the expense of the Iraqi people, and to schedule the priority of their de- Rip-Off of Iraqs Oil Wealth. Chapter
who have been wronged and deprived of velopment according to their capac- four, Planning Iraqs Oil Future.
their right to their oil, despite endur- ities and development costs, irrespec- Preinvasion Planning. And when you
ing all difficulties. tive of their geographical locations. listen to this, its pretty astonishing to
We ask our friends not to link with- And it goes on to say that there ought see how all these facts have been avail-
drawal with the oil law, especially to be an avoidance of long-term con- able for people to be able to gain, and
since the USA claimed that it came to tracts with foreign companies at the perhaps only now people are reflecting
Iraq as a liberator and not in order to present time. on the real meaning of this.
control Iraqs resources. This is a statement issued by the This is what Greg Muttitt writes:
The general public in Iraq is totally Iraqi Union Leadership in a seminar. Prior to the 2003 invasion, the prin-
convinced that the administration And another statement in a seminar in cipal vehicle for planning the new post-
wants to rush the promulgation of the December 2006 in Amman, Jordan: war Iraq was the U.S. State Depart-
oil law so as to be leaving Iraq with a Whereas oil and gas are greatly im- ments Future of Iraq project. This ini-
victory of sorts. portant for the Iraqi economy and tiative, commencing as early as April
We wish to see you take a true whereas the building of the state and 2002, involved meetings in Washington
stance for the children of Iraq. And we and London of 17 working groups, each
its institutions are dependent on it as
always say that history will remember composed of 10 to 20 Iraqi exiles and
the main source of national income, it
those who advance peace over war. international experts selected by the
With my regards, Hassan Juma is therefore the right of the Iraqi peo-
ple to read the draft oil law under con- State Department.
Awwad, Head of the Iraqi Federation of The Oil and Energy working group
Oil Unions. sideration. The Iraqi people refuse to
met four times between December 2002
This now from the Oil union leaders allow the future of their oil to be de-
and April 2003. Although full member-
speech on oil law. This is a speech of cided behind closed doors. ship of the group has never been re-
the head of the Federation of Oil In an article by Michael Schwartz
vealed, it is known that Ibrahim Bahr
Unions in Basra on Tuesday, February called The Prize of Iraqi Oil, None
al-Uloum, the current Iraqi Oil Min-
6, 2007: of these conditions apply in Iraq. Huge
ister, was a member. The 15-strong oil
Recently, the Constitution of Iraq, reservoirs of easily accessible oil are
working group concluded that Iraq,
on which the Iraq people voted in the already proven to exist, with more
quote, should be opened to inter-
most dire and difficult of conditions, equally accessible fields likely to be national oil companies as quickly as
notes in clause 111 that oil and gas are discovered at little expense. Thats possible after the war, and that, quote,
the property of the Iraqi people. But, why none of Iraqs neighbors emphasize the country should establish a condu-
alas, this clause in the Constitution production-sharing agreements. Saudi cive business environment to attract
will remain but ink on paper if the oil Arabia, Kuwait, Iran and the United investment of oil and gas resources.
law and oil investment law being pre- Arab Emirates all pay the multi- The subgroup went on to rec-
sented to the Parliament are ratified, nationals a fixed rate to explore and ommend production-sharing agree-
laws which permit production-sharing develop their fields, and all the profits ments as their favorite model for at-
agreements, laws without parallel in become state revenues. tracting foreign investment. Comments
many oil producers, especially the Christian Science Monitor, May 18, by the hand-picked participants re-
neighboring countries. Why should 2007: How Will Iraq Share the Oil? vealed that many of the group favored
Iraqis want to introduce such contracts In New York, oil industry analyst, production-sharing agreements with oil
in Iraq, given that applying such laws Fidel Geit of Oppenheimer Company, companies. Another representative
will rob the Iraqi Government of the Incorporated, has reviewed both the of- commented, Everybody keeps coming
most important thing it owns? ficial Arabic version of the draft law back to production-sharing agree-
We send a message to all of the and the unofficial English translation ments.
members of the Iraqi Parliament, when and say they are ambiguous and seem The reasons for this choice were ex-
debating the oil and investment law, to to be written in haste. Quote, Why plained in the formal policy rec-
bear the Iraqis in mind, to protect the shouldnt Iraq use Iraqi nationals to ommendations of the working group,
national wealth, and to look at the decide how contracts will be awarded? published in April 2003, and I quote
neighboring countries. Have they in- They have oil engineers. Use the best from this article from Platform:
troduced such laws even when their re- brains in the country and hopefully Key attractions of production-shar-
lations with foreign companies are they will do what is in the best interest ing agreements to private oil compa-
closer than in Iraq? of the country, he says, otherwise nies are that, although the reserves are
Now, there is a question thats being there is an impression that American owned by the state, accounting proce-
raised. Are these oil companies just companies are telling Iraqis what to dures permit the companies to book
trying to help Iraq gain its wealth? do. the reserves in their accounts, but,
What if Iraq doesnt have the ability or Now, I have stated many times on other things being equal, the impor-
the money to be able to get its own oil this floor that I believe that the war tant feature from the perspective of
industry on its feet? Does Iraq have to against Iraq was about oil. Now let me private oil companies is that the gov-
mstockstill on PROD1PC66 with HOUSE

privatize in order to tap its oil wealth? provide you with some quotes that may ernment intake is defined in terms of
Well, the fact of the matter is that Iraq reflect on my thinking on this. the production-sharing agreement, and
has options beyond privatization to de- Mr. DICK CHENEY, CEO of Halli- the oil companies are therefore pro-
velop its own oil capacity. burton, in a speech at the Institute of tected under a production-sharing
According to the Middle East Eco- Petroleum in 1999, said, By 2010, we agreement from future adverse legisla-
nomic Survey, volume 49, number 2, will need on the order of an additional tion, which means it would be very

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H5642 CONGRESSIONAL RECORD HOUSE May 23, 2007
tough to be able to have a government, and finally in 2004, by Mike Stinson of Ibrahim al-Jaafari as Prime Minister.
once it gives up its oil wealth, to be ConocoPhillips and Bob Morgan of BP. In a move which no doubt assisted pol-
able to get it back. The 147,000 pound cost of two British icy continuity from the period of U.S.
The group also made it clear that in advisers, Adams and Morgan, was met control, Ibrihim Bahr al-Uloum was re-
order to maximize investments, the by the U.K. Government. Following the appointed to the position of Minister
specific terms of the production-shar- handover to the Iraq Interim Govern- for Oil.
ing agreements should be favorable to ment in June 2004, Stinson became an Meanwhile, Ahmad Chalabi, the
foreign investors: PSAs can induce adviser to the U.S. Embassy in Bagh- Pentagons former favorite to run Iraq,
many billions of dollars of direct for- dad. was appointed chair of the Energy
eign investment in Iraq, but only with Again, from Platform, On the 13th of Council, which replaced the Supreme
the right terms, conditions, regulatory July, 2003, In the first move towards Council for Oil Policy as the key over-
framework laws, oil industry structure Iraqi self-government, the Coalition seer of energy and oil policy. Back in
and perceived attitude toward foreign Provisional Authoritys Administrator 2002, Chalabi had famously promised
participation. Paul Bremer appointed the quasi-au- that U.S. companies will have a big
Recognizing the importance of this tonomous, but virtually powerless, shot at Iraqi oil.
announcement, The Financial Times Iraqi Governing Council. On the same By June 2005, government sources
noted: Production-sharing deals allow day Mr. Bremer appointed Ibrahim reported that a Petroleum Law had
oil companies a favorable profit margin Bahr al-Uloum, who had been a mem- been drafted, ready to be enacted after
and, unlike royalty schemes, insulates ber of the U.S. State Department oil the December elections. According to
them from losses incurred when the oil working group, as Minister for Oil. sources, although some details are still
price drops. For years, big oil compa- being debated, the draft of the Law
b 1215 specifies that while Iraqs currently
nies have been fighting for such agree-
ments without success in countries Within months of his appointment, producing fields should be developed by
such as Kuwait and Saudi Arabia. Bahr al-Uloum announced he was pre- Iraqi National Oil Company, new fields
The article concluded that: The paring plans for the privatization of should be developed by private compa-
move could spell a windfall for big oil Iraqs oil sector, but that no decision nies.
companies such as ExxonMobil, Royal would be taken until after the election Now, this again comes from an arti-
Dutch/Shell, BP and TotalFinaElf. scheduled for 2005. Speaking to the Fi- cle, Foreign Policy in Focus. The title,
Now, this article goes on to talk nancial Times, Bahr al-Uloum, a U.S.- When It Comes to Oil, the U.S. Ad-
about what has been done to try to trained petroleum engineer, said the ministration is Bypassing Democracy
shape the new Iraq with respect to oil. Iraqi oil sector needs privatization, but in Iraq, an article Oil Pressure by
The U.S. and the U.K. have worked it is a cultural issue, noting the dif- Greg Muttitt, August 28, 2006. It goes
hard to ensure that the future path for ficulty of persuading the Iraqi people on to say: Since the new Iraqi Govern-
oil development chosen by the first of any such policy. He then proceeded ment was formed in 2006, the U.S. Gov-
elected Iraqi Government will closely to announce that he personally sup- ernment has dramatically scaled up its
match their interests. So far it appears ported production sharing agreements efforts to provide advice. Last
they have been highly successful. Pro- for upstream development, giving pri- month, the administration and major
duction-sharing agreements, which ority to U.S. oil companies and Euro- oil companies reviewed and commented
were first proposed by the U.S. State pean companies, probably. on the new law governing Iraqs crucial
Department group, have emerged as The second phase, the Iraq interim oil sector before it had even been seen
the model of oil development favored government. In June 2004, the Coalition by the Iraqi Parliament.
Provisional Authority handed over Violating the very notions of free-
by the postinvasion phases of Iraqi
Iraqs sovereignty to an interim gov- dom and democracy the administra-
Government.
tion invokes in nearly every speech,
Phase one: Coalition Provisional ernment headed by Prime Minister
the U.S. Government has actively in-
Authority and Iraqi Governing Council. Allawi. The position of Minister of Oil,
tervened in the restructuring of Iraqs
During the first 14 months following was handed to Thamir al-Ghadban, a
oil industry since at least 2002.
the invasion, occupation forces had di- U.K.-trained petroleum engineer and In December 2002, the State Depart-
rect control of Iraq through the Coali- former senior adviser to Bahr al- ment established a working group on
tion Provisional Authority. Stopping Uloum. In an interview in Shell Oil oil and energy as part of its Future of
short of privatizing oil itself, this Coa- Companys in-house magazine, al- Iraq project. The project brought to-
lition Provisional Authority began set- Ghadban announced that 2005 would be gether influential exiled Iraqis with
ting up a framework for a longer-term the year of dialogue with multi- U.S. Government officials and inter-
oil policy. national oil companies. national consultants. Later, some
The Coalition Provisional Author- About 3 months after taking power, members of the group became part of
ity appointed former senior executives Allawi issued a set of guidelines to the the Iraqi Government. The result of
from oil companies to begin this proc- Supreme Council for Oil Policy from the projects work was a draft frame-
ess. The first advisers were appointed which the Council was to develop a full work for Iraqs oil policy. Despite Iraq
in January 2003, before the invasion petroleum policy. Preempting both the being rich in oil and technical exper-
even started, and they were stationed Iraqi elections and drafting of a new tise, the group recommended a major
in Kuwait, ready to move in. First, constitution, Allawis guidelines speci- role for foreign companies through
there were Phillip Carroll, formerly of fied that while Iraqs currently pro- long-term contracts, an approach that
Shell, and Gary Vogler of ExxonMobil, ducing fields should be developed by would set Iraq at odds with the rest of
backed up by three employees of the the Iraq National Oil Company, all the Middle East where major oil pro-
U.S. Department of Energy and one of other fields should be developed by pri- ducers keep their oil in the public sec-
the Australian Government. Carroll de- vate companies, through the contrac- tor.
scribed his role as not only to address tual mechanism of production sharing In March 2003, the wheels started to
short-term fuel needs and the initial agreements. turn as the Coalition Provisional Au-
repair of production facilities, but Iraq has about 80 known oil fields, thority appointed the former head of
also, point, begin planning for the only 17 of which are currently in pro- Shell USA as a senior oil adviser, in di-
restructuring of the Ministry of Oil to duction. Thus the Allawi guidelines rect contact with the Iraq Ministry of
improve its efficiency and effective- would grant the other 63 to private oil Oil. He was joined by an executive from
ness. Another point: Begin think- companies. ExxonMobil, and after 6 months, the
The third phase, the transitional gov-
mstockstill on PROD1PC66 with HOUSE

ing through Iraqs strategy options for post was rotated to former managers of
significantly increasing its production ernment and writing the constitution: ConocoPhillips and BP.
capacity. The interim government was replaced In December 2003, the framework
In October 2003, Carroll and Vogler in 2005 by the election of Iraqs new Na- was set out in more detail when USAID
were replaced by Mob McKee of tional Assembly, which led to the for- commissioned a report by the privat-
ConocoPhillips and Terry Adams of BP, mation of the new government with ization specialists BearingPoint, is

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5643
the name of the company, entitled Op- including Shell, BP, ExxonMobil, the international community and
tions for Developing a Sustainable ChevronTexaco and ConocoPhillips, for international energy companies; that
Long-Term Iraqi Oil Industry. The re- them to comment on the draft as well, the United States should assist Iraqi
port reinforced the Future of Iraqs during the Ministers trip to Wash- leaders to reorganize the national oil
report, recommending long-term con- ington, D.C. the following week. industry as a commercial enterprise;
tracts with foreign companies. Given the pressures involved, per- that the United States should ensure
Pointing to the success, as they call haps the Minister felt he did not have the World Banks efforts to assure that
it, of this model, BearingPoint used much choice. His promise to pass the best practices are used in contracting.
Azerbaijans privatization model as an law through Parliament by the end of Mr. Speaker, the last 50 minutes that
example. The report commented ap- 2006 was set in Iraqs agreement with I have spent talking about the effort to
provingly that Azerbaijans high cor- the International Monetary Fund last try to privatize Iraqs oil, if you go to
ruption and lack of democracy had not December. According to that agree- one of the search engines, you can find
impeded investment; the government ment, IMF officials would also review perhaps 1 million different citations re-
had simply given away a higher share and comment on a draft in September. lating to this. So it is impossible to
of revenues in order to attract compa- And still, the draft law had not been cover this kind of a subject, even in a
nies. The implication was that Iraq, seen by the Iraqi Parliament. Mean- period of an hour. But it needs to be
which has a nascent democracy and while, an official from the Oil Ministry said that this administration has
chronic corruption, might follow the had stated that Iraqi civil society and pushed the Congress to put language in
same approach. the general public will not be consulted funding bills for Iraq that would set
After the handover to the interim at all. the stage for the privatization of Iraqs
government in June 2004, senior oil ad- These issues could hardly be more oil.
visers, now based within the Iraq Re- important for Iraq. Oil accounts for I am going to quote from the first
construction Management Office in the more than 90 percent of government war supplemental, that the President
U.S. Embassy worked closely with the revenue, is the main driver of Iraqs shall make and transmit to Congress a
Iraq Oil Ministry in shaping policy. economy. And decisions made in the determination, No. 2, whether the Gov-
Post holders included executives from coming months will not be reversible ernment of Iraq is making substantial
ChevronTexaco and Unocal. once contracts are signed, they will progress in meeting its commitment to
In 2006, these efforts intensified. In have a major bearing on Iraqs econ- pursue reconciliation initiatives, in-
February, the Iraq Reconstruction omy and politics for decades to come. cluding enactment of a hydrocarbon
Management Office advisers accom- There is much that has been written, law. Then under subsection (b), it says
panied eight senior officials from the an article in the Associated Press on if the President fails to make this de-
Oil Ministry on a trip to the U.S., spon- March 13, 2007, about how Iraqi leaders termination, the Secretary of Defense
sored by the U.S. Trade and Develop- fear ouster over oil money. Continued shall commence the redeployment of
ment Agency. On the trip, they met oil White House support for Iraq depended our Armed Forces from Iraq.
on positive action and all the bench- In other words, privatize your oil, or
company representatives to discuss the
marks, especially the oil law and sec- we are leaving you without having a
future structure of the Iraq oil indus-
tarian reconciliation, by the close of security and peacekeeping force to re-
try.
The same month, at the request of this parliamentary session. June 30. place the United States Army.
the State Department, USAID provided In an article in the Los Angeles b 1230
an adviser to the Oil Ministry, again Times, May 13, 2007, Iraqis resist U.S. In the second supplemental, the ad-
from BearingPoint, the privatization pressure to enact oil law. Foreign in- ministration language promoted the
specialist, to work directly on a new vestment and Shiite control are pri- President transmitting to Congress a
oil law providing legal and regulatory mary concerns. Here is a quote. I did report in classified and unclassified
advice and drafting the framework of make it clear that we believe it is very form, article 2, whether the Govern-
petroleum and other energy-related important to move on the issues before ment of Iraq has enacted a broadly ac-
legislation, including foreign invest- us in a timely fashion and any undue cepted hydrocarbon law that equitably
ment. delay would be difficult to explain. shares revenues among all Iraqis.
The U.S. campaign on the fledgling That is a quote from Vice President Now again, they dont talk about
Iraqi Government has been successful. CHENEY, who recently visited Iraq to what the real purpose of the Hydro-
Following his appointment in May, urge the passage of the Hydrocarbon carbon Act has been. It is not about
new Oil Minister Husayn al- Act, among other matters. sharing revenues equitably; it is about
Shahristani announced that one of his The U.S. Energy Secretary calls on a complex restructuring of Iraqs oil in-
top priorities would be writing of an oil Iraq to open up its oil sector to foreign dustry for the purpose of turning Iraqs
law to allow Iraq to sign contracts investment. This is an article from oil over to private oil companies.
with the largest companies. the 21st of July, 2006, saying that U.S. Finally, in the third supplemental
This would be the first time in more Energy Secretary Samuel Bodman has that is before this Congress this week,
than 30 years that foreign companies urged Iraq to establish a legal frame- there is an article from the Senate side
would receive a major stake in Iraqs work that would be instrumental in at- that relates to Iraq oil, and I quote:
oil. Oil was brought into public owner- tracting foreign investment. The United States strategy in Iraq
ship and control in Iraq in 1975. Other articles. From a Department of shall hereafter be conditioned on the
With the ink not yet on the paper, Energy press release, July 26, 2006: Sec- Iraqi Government meeting certain
the U.S. has maintained its pressure. retary Bodman hosts Iraqi Ministers of benchmarks. And one such bench-
On his visit to Baghdad in 2006, the Oil and Electricity. Energy leaders sign mark, enacting and implementing
U.S. Energy Secretary insisted that memorandum of understanding to fur- legislation to ensure the equitable dis-
the Iraqi government must pass a hy- ther promote electricity cooperation. tribution of hydrocarbon resources of
drocarbon law under which foreign From Agence France-Presse, U.S. the people of Iraq. And it goes on to
companies can invest. But the work to wants new Iraq oil law so foreign firms pay homage to the issues of equity and
make this case had already been done: can take part. July 18, 2006. The United ethnicity.
We got every indication they were States on Tuesday urged Iraq to adopt Madam Speaker, it is clear that the
willing and also felt a necessity to open a new hydrocarbon law that would en- people of Iraq are under enormous pres-
up this sector, he commented after a able U.S. and other foreign companies sure to give up control of their oil.
meeting with the Oil Minister and Iraqi to invest in the war-torn countrys oil When you consider that there was no
cause to go to war against Iraq, that
mstockstill on PROD1PC66 with HOUSE

officials. sector.
The Energy Secretary did not stop at We all know that the Iraq Study Iraq did not have weapons of mass de-
reviewing the draft law himself in Group, in one of its major rec- struction, that Iraq had nothing to do
Baghdad. He also arranged for Dr. Al- ommendations, Recommendation 63, with 9/11, that Iraq had nothing to do
Shahristani, the new Oil Minister, to said the United States should encour- with al Qaedas role in 9/11, that the ad-
meet with nine major oil companies, age investment in Iraqs oil sector by ministration kept changing the reason

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H5644 CONGRESSIONAL RECORD HOUSE May 23, 2007
why we went into Iraq, and here we see without question the relationship and controlled by the proponent and an op-
are, years later, we are still in Iraq, between war and this oil and the rela- ponent, shall not be subject to amendment,
and enormous pressure is being put on tionship between the pressure that is and shall not be subject to a demand for divi-
sion of the question in the House or in the
the Iraqi Government to privatize their being put on the Iraq Government Committee of the Whole. All points of order
oil. right now and privatization and the against such amendments are waived except
I am here to say that there is another continuation of the war. those arising under clause 9 or 10 of rule XXI.
path that can be taken, and that path Lets end this war. Lets end the at- At the conclusion of consideration of the bill
is part of H.R. 1234, a bill that I have tempt to control Iraqs oil. Lets chal- for amendment the Committee shall rise and
written that would enable the war to lenge the oil companies in this country report the bill to the House with such
end by Congress determining that no amendments as may have been adopted. Any
as this House has done this morning.
Member may demand a separate vote in the
more money will go for this war, tell- Lets take a stand for truth and jus- House on any amendment adopted in the
ing the administration that it must tice. Lets take a stand for what is Committee of the Whole to the bill or to the
open up diplomatic relations with right. Let us not be seduced by this committee amendment in the nature of a
Syria and Iran, and moving in a direc- idea that somehow we have the mili- substitute. The previous question shall be
tion where we put together an inter- tary might, and we can, therefore, grab considered as ordered on the bill and amend-
national peacekeeping and security other peoples resources. That is not ments thereto to final passage without inter-
force that would move in as our troops vening motion except one motion to recom-
what America is about.
mit with or without instructions.
leave. And then we set the stage for America has a higher calling in the SEC. 2. During consideration in the House
real reconciliation that cannot come world. It is time we began a process of of H.R. 1100 pursuant to this resolution, not-
with the U.S. serving as an occupying truth and reconciliation in our own withstanding the operation of the previous
army. country, in reaching out and creating question, the Chair may postpone further
We have a moral responsibility to the the healing of America. But we must consideration of the bill to such time as may
Iraqi people whose country we have first begin with the truth, and the be designated by the Speaker.
ravaged with war to the tune of hun- truth is what I have told this Congress The SPEAKER pro tempore (Mrs.
dreds of billions of dollars of damage, today. TAUSCHER). The gentleman from New
whose people may have experienced the Madam Speaker, thank you. York (Mr. ARCURI) is recognized for 1
loss of perhaps as many as a million Members of Congress, thank you. hour.
Iraqis during this conflict, innocent Mr. ARCURI. Madam Speaker, for
f
people, whose social bonds have been purposes of debate only, I yield the cus-
torn asunder. We have a moral respon- PROVIDING FOR CONSIDERATION tomary 30 minutes to the gentleman
sibility to work to bring about a pro- OF H.R. 1100, CARL SANDBURG from Washington (Mr. HASTINGS). All
gram of reconciliation between the HOME NATIONAL HISTORIC SITE time yielded during consideration of
Sunnis, Shiites and the Kurds which BOUNDARY REVISION ACT OF the rule is for debate only.
can only come when we end the occupa- 2007 I yield myself such time as I may
tion. We have a moral responsibility to Mr. ARCURI. Madam Speaker, by di- consume, and I also ask unanimous
bring about an honest reconstruction rection of the Committee on Rules, I consent that all Members be given 5
program, absent the U.S. contractors call up House Resolution 429 and ask legislative days in which to revise and
who have been gouging the Iraqi peo- for its immediate consideration. extend their remarks on House Resolu-
ple, and gouging the American tax- The Clerk read the resolution, as fol- tion 429.
lows: The SPEAKER pro tempore. Is there
payers as well, but we have to make
objection to the request of the gen-
sure that the Iraqi people have control H. RES. 429
tleman from New York?
of their oil. Resolved, That at any time after the adop- There was no objection.
I would like to believe that this war tion of this resolution the Speaker may, pur- Mr. ARCURI. Madam Speaker, House
has not been about oil. I would like to suant to clause 2(b) of rule XVIII, declare the Resolution 429 provides for consider-
believe that there was some kind of a House resolved into the Committee of the
ation of H.R. 1100, the Carl Sandburg
righteous cause connected to what we Whole House on the state of the Union for
consideration of the bill (H.R. 1100) to revise Home National Historic Site Boundary
did; but I know better, and the proof is Revision Act of 2007, under a structured
the boundary of the Carl Sandburg Home Na-
in this Hydrocarbon Act. rule. The rule provides 1 hour of gen-
tional Historic Site in the State of North
This Congress has an opportunity to
Carolina, and for other purposes. The first eral debate controlled by the Com-
finally take a stand and reject this Hy- reading of the bill shall be dispensed with. mittee on Natural Resources and
drocarbon Act. We can strip out this All points of order against consideration of makes in order the substitute reported
provision forcing Iraq to privatize its the bill are waived except those arising by the Committee on Natural Re-
oil. We can strip that out of the legisla- under clause 9 or 10 of rule XXI. General de-
sources. The rule also allows for con-
tion. Or we can simply defeat the legis- bate shall be confined to the bill and shall
not exceed one hour equally divided and con-
sideration of all three amendments
lation because that is in there, and that were submitted to the Rules Com-
then go back to the boards and tell the trolled by the chairman and ranking minor-
ity member of the Committee on Natural Re- mittee on H.R. 1100.
President, look, Mr. President, we are Madam Speaker, let me begin by con-
sources. After general debate the bill shall be
not going to give you any more money considered for amendment under the five- gratulating my good friend and fresh-
for this war, which is what I believe we minute rule. It shall be in order to consider man class colleague Mr. SHULER for
should do. Tell the President, this war as an original bill for the purpose of amend- working this thoughtful legislation
is over, Mr. President, and use the ment under the five-minute rule the amend- through the legislative process. H.R.
money that is in the pipeline to bring ment in the nature of a substitute rec- 1100 will further preserve the legacy
the troops home. Lets go and reach ommended by the Committee on Natural Re-
and communicate the stories of inter-
out to the international community. sources now printed in the bill. The com-
mittee amendment in the nature of a sub- nationally recognized author, Pulitzer
With the end of the occupation and the Prize-winner, and great American his-
stitute shall be considered as read. All points
closing of bases, we will have people of order against the committee amendment torian, Carl Sandburg.
who will start listening to us inter- in the nature of a substitute are waived ex- Located in the pristine wilderness of
nationally, and we will have some cept those arising under clause 9 or 10 of rule North Carolina is the 248-acre Carl
credibility. XXI. Notwithstanding clause 11 of rule Sandburg Home National Historic Site.
But the morality which this country XVIII, no amendment to the committee Each year, over 150,000 people visit for
rests on, our heart and soul of who we amendment in the nature of a substitute the purpose of learning about Carl
are as Americans, is not reflected by shall be in order except those printed in the Sandburgs positive influences on writ-
this obscene attempt to steal the oil report of the Committee on Rules accom-
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panying this resolutiuon. Each such amend-


ing, or to hike and just enjoy the splen-
resources of Iraq. That is why I have dor of this beautiful, pristine site.
ment may be offered only in the order print-
chosen to take this time to come be- ed in the report, may be offered only by a In recent years it was determined by
fore the Congress, to lay these facts Member designated in the report, shall be interested parties at all levels, local,
out for Members of Congress and for considered as read, shall be debatable for the State and Federal, including the Na-
the American people so that you can time specified in the report equally divided tional Park Service, that increasing

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5645
the size would be desirable to carry out increase our Federal inventory of land land or for funds to be donated to actu-
the purposes of this historic site. by up to 115 acres. Rarely does the ally purchase the land, and were not
H.R. 1100 addresses the need for more Rules Committee consider rules for talking about a vast tract of land.
space by authorizing the Secretary of bills making changes to historic sites Were talking about a very small
the Interior to acquire up to 115 acres because they are typically brought to amount of land, 115 acres, 22 acres of
of land from willing sellers by dona- the floor under suspension of the rules. which have already been pledged, and
tion, purchase with donated or appro- Mr. Speaker, coming from an area in basically are waiting for this legisla-
priated funds, or exchange. central Washington that is 40 percent tion to be passed so that the conserv-
Now, for some unknown reason, some federally owned land mass, I believe we atory could be created so that the acre-
my colleagues have labeled this legisla- ought to be encouraging land ex- age can be donated to it.
tion an egregious example of changes where possible rather than So I would say in response to my
landgrabbing by the Federal Govern- more land purchases. The Federal land good friend and colleague from Wash-
ment. Nothing could be further from management agencies simply have too ington that this is not any type of huge
the truth. The key point to this legis- much land to manage effectively with land grab. This is really just a very
lation is that the land would have to be their current level of funding. We all small amount of acreage that is being
acquired from willing sellers. know there is a serious backlog of set up and being donated just to en-
Of the 115 acres, 5 acres would be road, trail and facility maintenance on hance the whole, again, experience of
used to construct a new visitor center Federal lands. In many cases, Federal the Carl Sandburg site.
and parking lot, and the remaining 110 land agencies are struggling to manage So I think it is a very good bill. It is
acres would be used to enhance the invasive species, plant pests, and un- a good rule, and I would urge all of my
overall experience when visiting the naturally high fuel loads that lead to colleagues to support it.
site. Visitors will now have an oppor- catastrophic wildfires. Yet, year after Mr. Speaker, I reserve the balance of
tunity to sit on the same ridge Carl year, we are spending precious tax dol- my time.
Sandburg sat to pen some of his great- lars to buy up more private property Mr. HASTINGS of Washington. Mr.
est works and explore the same beau- and take it off the local tax rolls. Speaker, I yield myself 1 minute.
tiful mountainside Carl Sandburg We need to make land exchanges and I just point out that this is an in-
would frequent with his family for pic- the orderly restructuring of Federal crease of 44 percent over the current
nics. land holdings easier. The Federal Gov- land value, and I know were talking
Madam Speaker, H.R. 1100 has strong ernment owns and must maintain about acres and were not talking
bipartisan support here in the House, many small, isolated parcels of land about square miles. But to paraphrase
and bicameral support from North that have no special resource value. We former Senator Edward Dirksen, in an-
Carolinas two Senators, who have in- should make it easier for the Federal other sense, you know, a billion here, a
troduced companion legislation. agencies to dispose of these properties billion there, pretty soon youre talk-
Further, H.R. 1100 has the support of and retain the proceeds to acquire ing about real dollars. Well, were talk-
the administration, as well as the lands that are high in resource value. ing about Federal land ownership, and
State of North Carolina and Henderson Im very sensitive to that because I
b 1245
County, where the site is located. come from the western part of the
All of that said, with such broad sup- This is a practical solution that al- United States.
port, one might ask why are we here lows us to protect special places with- As I mentioned in my opening re-
debating a rule for consideration of out having to spend limited tax dollars. marks, 40 percent of my district is
this legislation? The reason is that I would also add that there are many owned by the Federal Government, and
during a subcommittee and later full other issues, in my view more pressing I have some counties in which 75 per-
committee markup, it was discovered matters, affecting public lands man- cent of the counties land mass is
that there are a few Members of this agement that we could be considering owned by the Federal Government.
body who object to the legislation in today. For example, the extension of Mr. Speaker, at this time Im pleased
its current form. Those Members made payments to forested counties for rural to yield 5 minutes to the gentleman
several attempts to alter the existing schools and roads. As many of my col- from Texas (Mr. GOHMERT).
legislation by amendment during the leagues are aware, the Congress long Mr. GOHMERT. Mr. Speaker, I rise in
committee process. In addition, those ago promised rural communities that opposition to this rule today and it
same Members submitted amendments they would get a fair share of the rev- goes back to the experience we had on
to the Rules Committee which we will enue produced from Federal forestlands the floor and in committee.
consider later today, again seeking to as compensation for the tax-exempt Mr. BISHOP had offered an amend-
alter this legislation. status of Federal forestlands. ment in the National Parks Sub-
While one might argue that our de- However, unfortunately, special in- committee that would have improved
bate today is unnecessary, I contend it terest groups successfully used litiga- this bill, in my opinion, because his
is yet another example of the major- tion under the Endangered Species Act amendment would have reduced the
itys efforts to provide our colleagues to bring harvest to a standstill in number of acres that are being added
with opportunities to offer their many places like the Pacific North- to this so-called park. This was not
amendments, voice their views, and west. This left many counties strug- Carl Sandburgs original home. The
make their objections known here in gling to pay for basic services while acreage being added or sought to be
the House Chamber. I look forward to a saddled with large areas of nontaxable added is not even available for view
fruitful discussion of this bill. Federal land. Although the House has from the Sandburg home. It was not
Mr. Speaker, I reserve the balance of passed legislation providing for a 1- part of the original home. So it made
my time. year fix on this issue, we need a longer- sense that an amendment like this
Mr. HASTINGS of Washington. Mr. term solution, and we need to get this ought to have a vote and it did.
Speaker, I want to thank the gen- legislation to the Presidents desk as When it came time for a recorded
tleman from New York (Mr. ARCURI) soon as possible. vote, the subcommittee chairman
for yielding me the customary 30 min- So, Mr. Speaker, I hope that the promised to hold the vote open for 15
utes, and I yield myself such time as I House will soon have an opportunity to minutes. About 8 to 9 minutes later,
may consume. consider these and other issues impact- though, for some time the vote on the
(Mr. HASTINGS of Washington asked ing Federal land management. amendment was passing, once there
and was given permission to revise and Mr. Speaker, I reserve the balance of was one more vote nay than in the
my time. affirmative, between 8 and 9 minutes
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extend his remarks.)


Mr. HASTINGS of Washington. Mr. Mr. ARCURI. Mr. Speaker, I would later, the chairman closed the vote,
Speaker, House Resolution 429 allows like to respond by saying that its im- even though he said he would leave it
for consideration of H.R. 1100, the Carl portant to note on this bill that all open for 15 minutes. He closed it as I
Sandburg Home National Historic Site this bill really does is to create an en- walked into the door and others alerted
Boundary Revision Act, which would vironment for people to donate the him, and actually he never said that

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H5646 CONGRESSIONAL RECORD HOUSE May 23, 2007
the vote was closed. He simply asked that allows for debate on that par- minute vote on adoption of the resolu-
the clerk for a count at that point, and ticular amendment. tion will be followed by 5-minute votes
when it was pointed out to him that So we are, in fact, giving the gen- on motions to suspend the rules and
the vote had not been closed but sim- tleman exactly what he is asking for, pass H.R. 1252 and H.R. 2429.
ply a count asked for, and that I was and he is opposing the rule. So I guess The vote was taken by electronic de-
there when he did that, he still refused I just dont understand what his point vice, and there wereyeas 228, nays
to allow my vote, and my vote as re- is, but I would say that we are sup- 198, not voting 6, as follows:
flected would have been aye. That porting the rule that, in fact, does [Roll No. 403]
would have tied the vote. We all know allow for full and fair debate on this
YEAS228
there were others on the way, though particular amendment.
Abercrombie Green, Gene Napolitano
we knew not how they would vote. But Mr. Speaker, I reserve the balance of Ackerman Grijalva Neal (MA)
I was promised that my vote would my time. Allen Gutierrez Oberstar
also be counted in the record but it, in Mr. HASTINGS of Washington. Mr. Altmire Hall (NY) Obey
fact, did not. Speaker, I yield 1 minute to the gen- Andrews Hare Olver
Arcuri Harman Ortiz
And we went through a series of par- tleman from Texas (Mr. GOHMERT). Baca Hastings (FL) Pallone
liamentary inquiries to make sure that Mr. GOHMERT. Mr. Speaker, I appre- Baird Herseth Sandlin Pascrell
the chairman had every opportunity to ciate the gentleman yielding. There Baldwin Higgins Pastor
were three amendments made in order Barrow Hill Payne
do the right thing, and so that it was Bean Hinchey Perlmutter
not quite as clear as it became, that on this bill, and what I have a problem Becerra Hinojosa Peterson (MN)
there was only one reason that vote with is the process and how ridicu- Berkley Hirono Pomeroy
was held open, and that was to fore- lously partisan it was there, and there Berman Hodes Price (NC)
should have been more made in order Berry Holden Rahall
close the opportunity to pass this Bishop (GA) Holt Rangel
amendment. here, but I do appreciate what has been Bishop (NY) Honda Reyes
Now, the House rules say that a made in order. Blumenauer Hooley Rodriguez
record vote shall not be held open on Mr. ARCURI. Mr. Speaker, we have Boren Hoyer Ross
no further speakers, and I reserve the Boswell Inslee Rothman
the floor for the purpose of changing Boucher Israel Roybal-Allard
the outcome of a vote. Clearly, thats balance of my time. Boyd (FL) Jackson (IL) Ruppersberger
what happened here. Clearly, it would Mr. HASTINGS of Washington. Mr. Boyda (KS) Jackson-Lee Rush
have changed the outcome of the vote, Speaker, I yield myself the balance of Brady (PA) (TX) Ryan (OH)
Braley (IA) Jefferson Salazar
at least as I came in, to a tie with time. Brown, Corrine Johnson (GA) Sanchez, Linda
other people coming if the vote had I just simply want to say that the Butterfield Johnson, E. B. T.
been held open as long as the chairman gentleman from Texas, a member of Capps Kagen Sanchez, Loretta
the committee, was apparently told Capuano Kanjorski Sarbanes
said he was going to. Cardoza Kaptur Schakowsky
But the promises of bipartisanship in something by the subcommittee chair- Carnahan Kennedy Schiff
this Chamber, as we saw it yesterday, man and that wasnt carried out, and I Carney Kildee Schwartz
as we saw in this subcommittee hear- think thats the point that he made. I Carson Kilpatrick Scott (GA)
am pleased that the committee has Castor Kind Scott (VA)
ing, are about as hollow as some of the Chandler Klein (FL) Serrano
other things around this floor. made these three amendments in order. Clarke Kucinich Sestak
Now, as far as the rule, it should have They were debated, and I think the full Clay Lampson Shea-Porter
House deserves that consideration. Cleaver Langevin Sherman
been open to this amendment. The Clyburn Lantos Shuler
amendment should have been part of I think the rule could have been, ob-
Cohen Larsen (WA) Sires
the original bill, but through this pro- viously, better if it were an open rule Conyers Larson (CT) Skelton
cedural folly, it was not. And so I ob- on a bill here that certainly is not that Cooper Lee Slaughter
controversial. Costa Levin Smith (WA)
ject to the rule. I rise in opposition to Costello Lewis (GA) Snyder
the rule, and I would encourage our With that, Mr. Speaker, I yield back Courtney Lipinski Solis
colleagues across the aisle to remem- the balance of my time. Cramer Loebsack Space
Mr. ARCURI. Mr. Speaker, H.R. 1100 Crowley Lofgren, Zoe Spratt
ber their promises. Cuellar Lowey Stark
I know its been clear back to No- will further preserve the legacy and
Cummings Lynch Stupak
vember and all those campaign prom- communicate the stories of inter- Davis (AL) Mahoney (FL) Sutton
ises leading up to November, and thats nationally recognized author, Pulitzer Davis (CA) Maloney (NY) Tanner
a long time, even though the Attorney Prize winner and great American histo- Davis (IL) Markey Tauscher
rian, Carl Sandburg. Davis, Lincoln Matheson Taylor
General is being condemned for forget- DeFazio Matsui Thompson (CA)
Again, I congratulate my good friend
ting things further back than that. Delahunt McCarthy (NY) Thompson (MS)
and freshman class colleague, the gen- DeLauro McCollum (MN) Tierney
Nonetheless, we wont get into ques-
tleman from North Carolina (Mr. Dicks McDermott Towns
tions of hypocrisy. I just ask you to re- Dingell McGovern Udall (CO)
SHULER) for his efforts to bring this
member your promises about biparti- Doggett McIntyre Udall (NM)
thoughtful legislation to the floor. Donnelly McNerney Van Hollen
sanship and open government, because I urge my colleagues on both sides of Doyle McNulty Velazquez
this rule forecloses the openness that the aisle to join me in voting yes on Edwards Meehan Visclosky
we were promised we would have, espe- Ellison Meek (FL) Walz (MN)
the previous question and on the rule
cially when it pertains to a good Ellsworth Meeks (NY) Wasserman
so that future generations can also Emanuel Melancon Schultz
amendment that deserves consider- enjoy the beauty and splendor of the Engel Michaud Waters
ation before this floor. Eshoo Miller (NC) Watson
Carl Sandburg Home National Historic
Mr. ARCURI. Mr. Speaker, I must Etheridge Miller, George Watt
Site. Farr Mitchell Waxman
say Im a bit confused because the gen- Mr. Speaker, I yield back the balance Fattah Mollohan Weiner
tleman from Texas is opposing the of my time, and I move the previous Filner Moore (KS) Welch (VT)
rule, the rule which is allowing the question on the resolution. Frank (MA) Moore (WI) Wexler
amendment that he is speaking of. So The previous question was ordered. Giffords Moran (VA) Wilson (OH)
the Rules Committee has put the Gillibrand Murphy (CT) Woolsey
The SPEAKER pro tempore (Mr. PAS- Gonzalez Murphy, Patrick Wu
amendment in, the Bishop amendment, TOR). The question is on the resolution. Gordon Murtha Wynn
that hes talking about. It will entitle The question was taken; and the Green, Al Nadler Yarmuth
a full and fair debate on it this after- Speaker pro tempore announced that NAYS198
noon, and we are giving the gentleman the ayes appeared to have it. Aderholt Barton (TX) Bonner
everything that he has asked for. And
mstockstill on PROD1PC66 with HOUSE

Mr. HASTINGS of Washington. Mr. Akin Biggert Bono


he stands up here and talks about some Speaker, on that I demand the yeas Alexander Bilbray Boozman
type of hypocrisy, and frankly, I just and nays. Bachmann Bilirakis Boustany
dont understand why he is mentioning Bachus Bishop (UT) Brady (TX)
The yeas and nays were ordered. Baker Blackburn Brown (SC)
that, why he is talking about that The SPEAKER pro tempore. Pursu- Barrett (SC) Blunt Brown-Waite,
when, in fact, we are giving the rule ant to clause 8 of rule XX, this 15- Bartlett (MD) Boehner Ginny

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5647
Buchanan Hayes Pitts [Roll No. 404] NAYS141
Burgess Heller Platts
Akin Foxx Pearce
Burton (IN) Hensarling Poe YEAS284
Alexander Franks (AZ) Pence
Buyer Herger Porter Abercrombie Goode Murtha Bachmann Frelinghuysen Peterson (MN)
Calvert Hobson Price (GA) Ackerman Goodlatte Nadler Bachus Gallegly Peterson (PA)
Camp (MI) Hoekstra Pryce (OH) Aderholt Gordon Napolitano Baker Garrett (NJ) Pickering
Campbell (CA) Inglis (SC) Putnam Allen Graves Neal (MA) Barrett (SC) Gingrey Pitts
Cannon Issa Radanovich Altmire Green, Al Oberstar Bartlett (MD) Gohmert Poe
Cantor Jindal Ramstad Andrews Green, Gene Obey Barton (TX) Granger Porter
Capito Johnson (IL) Regula Arcuri Grijalva Olver Biggert Hastert Price (GA)
Carter Johnson, Sam Rehberg Baca Gutierrez Ortiz Bilbray Hastings (WA)
Castle Jones (NC) Reichert Pryce (OH)
Baird Hall (NY) Pallone Bishop (UT) Hensarling
Chabot Jordan Renzi Putnam
Baldwin Hall (TX) Pascrell Blackburn Herger
Coble Keller Reynolds Radanovich
Barrow Hare Pastor Blunt Hobson
Cole (OK) King (IA) Rogers (AL) Rehberg
Bean Harman Payne Boehner Hoekstra
Conaway King (NY) Rogers (KY) Reynolds
Becerra Hastings (FL) Perlmutter Bonner Inglis (SC)
Crenshaw Kingston Rogers (MI) Rogers (AL)
Berkley Hayes Petri Boustany Issa
Cubin Kirk Rogers (MI)
Rohrabacher Berman Heller Platts Brady (TX) Jindal
Culberson Kline (MN) Rohrabacher
Ros-Lehtinen Berry Herseth Sandlin Pomeroy Brown (SC) Johnson, Sam
Davis (KY) Knollenberg Ros-Lehtinen
Roskam Bilirakis Higgins Price (NC) Burgess Jordan
Davis, David Kuhl (NY) Roskam
Royce Bishop (GA) Hill Rahall Burton (IN) King (IA)
Davis, Jo Ann LaHood
Ryan (WI) Bishop (NY) Hinchey Ramstad Buyer King (NY) Royce
Davis, Tom Lamborn
Sali Blumenauer Hinojosa Rangel Calvert Kingston Ryan (WI)
Deal (GA) Latham
Saxton Bono Hirono Regula Camp (MI) Kline (MN) Sali
Dent LaTourette
Schmidt Boozman Hodes Reichert Campbell (CA) Knollenberg Sensenbrenner
Diaz-Balart, L. Lewis (CA)
Sensenbrenner Boren Holden Renzi Cannon Lamborn Sessions
Diaz-Balart, M. Lewis (KY)
Sessions Boswell Holt Reyes Cantor Latham Shadegg
Doolittle Linder
Shadegg Boucher Honda Rodriguez Carter Lewis (CA) Shimkus
Drake LoBiondo
Shimkus Boyd (FL) Hooley Rogers (KY) Cole (OK) Linder Shuster
Dreier Lucas
Shuster Boyda (KS) Hoyer Ross Conaway Lucas Simpson
Duncan Lungren, Daniel
Simpson Brady (PA) Inslee Rothman Crenshaw Lungren, Daniel Smith (NE)
Ehlers E.
Smith (NE) Braley (IA) Israel Roybal-Allard Cubin E. Smith (TX)
Emerson Mack
Smith (NJ) Brown, Corrine Jackson (IL) Ruppersberger Culberson Mack Souder
English (PA) Manzullo
Smith (TX) Brown-Waite, Jackson-Lee Rush Davis (KY) Manzullo Stearns
Everett Marchant
Souder Ginny (TX) Ryan (OH) Davis, David Marchant
Fallin Marshall Sullivan
Stearns Buchanan Jefferson Salazar Davis, Tom McCarthy (CA)
Feeney McCarthy (CA) Tancredo
Sullivan Butterfield Johnson (GA) Sanchez, Linda Deal (GA) McCaul (TX)
Ferguson McCaul (TX) Terry
Tancredo Capito Johnson (IL) T. Diaz-Balart, L. McHenry
Flake McCotter Thornberry
Terry Capps Johnson, E. B. Sanchez, Loretta Diaz-Balart, M. McKeon
Forbes McCrery Tiahrt
Thornberry Capuano Jones (NC) Sarbanes Doolittle Mica
Fortenberry McHenry Tiberi
Tiahrt Cardoza Kagen Saxton Drake Miller (FL)
Fossella McHugh Upton
Tiberi Carnahan Kanjorski Schakowsky Dreier Miller, Gary
Foxx McKeon Walberg
Turner Carney Kaptur Schiff Duncan Moran (KS)
Franks (AZ) Mica Weldon (FL)
Upton Carson Keller Schmidt Ehlers Murphy, Tim
Frelinghuysen Miller (FL) Weller
Walberg Castle Kennedy Schwartz Everett Musgrave
Gallegly Miller (MI)
Walden (OR) Castor Kildee Scott (GA) Fallin Myrick Westmoreland
Garrett (NJ) Miller, Gary
Walsh (NY) Chabot Kilpatrick Scott (VA) Feeney Neugebauer Wicker
Gerlach Moran (KS)
Wamp Chandler Kind Serrano Flake Nunes Wilson (SC)
Gilchrest Murphy, Tim
Weldon (FL) Clarke Kirk Sestak Fossella Paul Young (AK)
Gillmor Musgrave
Gingrey Myrick Weller Clay Klein (FL) Shea-Porter
Cleaver Kucinich Sherman
NOT VOTING7
Gohmert Neugebauer Westmoreland
Goode Nunes Whitfield Clyburn Kuhl (NY) Shuler DeGette Jones (OH) McMorris
Goodlatte Paul Wicker Coble LaHood Sires Hulshof McCrery Rodgers
Granger Pearce Wilson (NM) Cohen Lampson Skelton Hunter Shays
Graves Pence Wilson (SC) Conyers Langevin Slaughter
Cooper Lantos Smith (NJ) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
Hall (TX) Peterson (PA) Wolf
Hastert Petri Young (AK) Costa Larsen (WA) Smith (WA) The SPEAKER pro tempore (during
Hastings (WA) Pickering Young (FL) Costello Larson (CT) Snyder the vote). Members are advised that 2
Courtney LaTourette Solis
NOT VOTING6 Cramer Lee Space minutes remain in this vote.
DeGette Jones (OH) Shays Crowley
Cuellar
Levin
Lewis (GA)
Spratt
Stark
b 1330
Hulshof McMorris
Hunter Rodgers Cummings Lewis (KY) Stupak Messrs. BACHUS, EVERETT, ROG-
Davis (AL) Lipinski Sutton
ERS of Alabama, MILLER of Florida,
b 1319 Davis (CA) LoBiondo Tanner
and HOBSON changed their vote from
Davis (IL) Loebsack Tauscher
Mrs. MILLER of Michigan changed Davis, Jo Ann Lofgren, Zoe Taylor yea to nay.
her vote from yea to nay. Davis, Lincoln Lowey Thompson (CA) Mr. GOODLATTE changed his vote
DeFazio Lynch Thompson (MS)
So the resolution was agreed to. Delahunt Mahoney (FL) Tierney from nay to yea.
The result of the vote was announced DeLauro Maloney (NY) Towns So (two-thirds being in the affirma-
as above recorded. Dent Markey Turner tive) the rules were suspended and the
A motion to reconsider was laid on Dicks Marshall Udall (CO)
Dingell Matheson Udall (NM)
bill, as amended, was passed.
the table. Doggett Matsui Van Hollen The result of the vote was announced
f Donnelly McCarthy (NY) Velazquez as above recorded.
Doyle McCollum (MN) Visclosky A motion to reconsider was laid on
FEDERAL PRICE GOUGING Edwards McCotter Walden (OR)
Ellison McDermott Walsh (NY) the table.
PREVENTION ACT
Ellsworth McGovern Walz (MN) f
The SPEAKER pro tempore. The un- Emanuel McHugh Wamp
finished business is the vote on the mo- Emerson McIntyre Wasserman PROVIDING EXCEPTION TO LIMIT
tion to suspend the rules and pass the Engel McNerney Schultz ON MEDICARE RECIPROCAL
English (PA) McNulty Waters BILLING ARRANGEMENTS
bill, H.R. 1252, as amended, on which Eshoo Meehan Watson
the yeas and nays were ordered. Etheridge Meek (FL) Watt The SPEAKER pro tempore. The un-
The Clerk read the title of the bill. Farr Meeks (NY) Waxman finished business is the vote on the mo-
Fattah Melancon Weiner
The SPEAKER pro tempore. The Ferguson Michaud Welch (VT) tion to suspend the rules and pass the
question is on the motion offered by Filner Miller (MI) Wexler bill, H.R. 2429, on which the yeas and
the gentleman from Illinois (Mr. RUSH) Forbes Miller (NC) Whitfield nays were ordered.
Fortenberry Miller, George Wilson (NM)
that the House suspend the rules and The Clerk read the title of the bill.
mstockstill on PROD1PC66 with HOUSE

Frank (MA) Mitchell Wilson (OH)


pass the bill, H.R. 1252, as amended. Gerlach Mollohan Wolf The SPEAKER pro tempore. The
This will be a 5-minute vote. Giffords Moore (KS) Woolsey question is on the motion offered by
The vote was taken by electronic de- Gilchrest Moore (WI) Wu the gentleman from New Jersey (Mr.
Gillibrand Moran (VA) Wynn
vice, and there wereyeas 284, nays Gillmor Murphy (CT) Yarmuth PALLONE) that the House suspend the
141, not voting 7, as follows: Gonzalez Murphy, Patrick Young (FL) rules and pass the bill, H.R. 2429.

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H5648 CONGRESSIONAL RECORD HOUSE May 23, 2007
This will be a 5-minute vote. Miller (NC) Reyes Stearns PARLIAMENTARY INQUIRY
Miller, Gary Reynolds Stupak
The vote was taken by electronic de- Miller, George Rodriguez Sullivan Mr. PRICE of Georgia. Parliamen-
vice, and there wereyeas 422, nays 0, Mitchell Rogers (AL) Sutton tary inquiry, Madam Speaker.
answered present 1, not voting 9, as Mollohan Rogers (KY) Tancredo The SPEAKER pro tempore. The gen-
follows: Moore (KS) Rogers (MI) Tanner
Moore (WI) Rohrabacher Tauscher tleman may state his parliamentary
[Roll No. 405] Moran (KS) Ros-Lehtinen Taylor inquiry.
YEAS422 Moran (VA) Roskam Terry Mr. PRICE of Georgia. Madam
Murphy (CT) Ross Thompson (CA)
Abercrombie Cummings Holt Murphy, Patrick Rothman Speaker, I wish to reserve a point of
Ackerman Davis (AL) Honda Thornberry
Murphy, Tim Roybal-Allard
Tiahrt
order on H.R. 1100, and would ask the
Aderholt Davis (CA) Hooley Murtha Royce
Akin Davis (IL) Hoyer Tiberi Chair at what time would be the appro-
Musgrave Ruppersberger
Alexander Davis (KY) Inglis (SC) Myrick Rush
Tierney priate time to reserve that point of
Allen Davis, David Inslee Nadler Ryan (OH) Towns order.
Altmire Davis, Jo Ann Israel Turner
Napolitano Ryan (WI)
Udall (CO)
The SPEAKER pro tempore. Now
Andrews Davis, Lincoln Issa Neal (MA) Salazar
Arcuri Davis, Tom Jackson (IL) Udall (NM) would be the appropriate time to make
Neugebauer Sanchez, Linda
Baca Deal (GA) Jackson-Lee Nunes T. Upton the point of order.
Bachmann DeFazio (TX) Oberstar Sanchez, Loretta Van Hollen
Bachus Delahunt Jefferson f
Obey Sarbanes Velazquez
Baird DeLauro Jindal Olver Saxton Visclosky
Baker Dent Johnson (IL)
POINT OF ORDER
Ortiz Schakowsky Walberg
Baldwin Diaz-Balart, L. Johnson, E. B. Pallone Schiff Walden (OR) Mr. PRICE of Georgia. Then, Madam
Barrett (SC) Diaz-Balart, M. Johnson, Sam Pascrell Schmidt Walsh (NY)
Barrow Dicks Jones (NC)
Speaker, I rise to reserve a point of
Pastor Schwartz Walz (MN)
Bartlett (MD) Dingell Jordan Paul Scott (GA) Wamp
order against consideration of H.R. 1100
Bean Doggett Kagen Payne Scott (VA) Wasserman because I believe that the bill itself fits
Becerra Donnelly Kanjorski Pearce Sensenbrenner the definition of an earmark. And I
Schultz
Berkley Doolittle Kaptur Pence Serrano Waters would ask the author of the bill if he
Berman Doyle Keller Perlmutter Sessions Watson
Berry Drake Kennedy Peterson (MN) Sestak might, by way of making my point of
Biggert Dreier Kildee Watt
Peterson (PA) Shadegg Waxman order, I would quote rule XXI, clause
Bilbray Duncan Kilpatrick Petri Shea-Porter
Bilirakis Edwards Kind Weiner 9(d), which states the definition for a
Pickering Sherman
Bishop (GA) Ehlers King (IA) Pitts Shimkus
Welch (VT) congressional earmark, and it states,
Bishop (NY) Ellison King (NY) Weldon (FL) Means a provision or report language
Platts Shuler
Bishop (UT) Ellsworth Kingston Weller
Poe Shuster
Westmoreland included primarily at the request of a
Blackburn Emanuel Kirk Pomeroy Simpson
Blumenauer Emerson Klein (FL) Wexler Member providing, authorizing or rec-
Porter Sires
Blunt Engel Kline (MN) Price (GA) Skelton Whitfield ommending a specific amount of dis-
Boehner English (PA) Knollenberg Price (NC) Slaughter Wicker cretionary budget authority, credit au-
Bonner Eshoo Kucinich Pryce (OH) Smith (NE) Wilson (NM)
Bono Etheridge Kuhl (NY) Wilson (OH)
thority, or other spending authority, or
Putnam Smith (NJ)
Boozman Everett LaHood Radanovich Smith (TX) Wilson (SC) other expenditure, or targeted to a spe-
Boren Fallin Lamborn Rahall Smith (WA) Wolf cific State, locality or congressional
Boswell Farr Lampson Ramstad Snyder Woolsey district, other than through a statu-
Boucher Fattah Langevin Rangel Solis Wu
Boustany Feeney Lantos Wynn
tory or administrative formula driven
Regula Souder
Boyd (FL) Ferguson Larsen (WA) Rehberg Space Yarmuth or competitive award process.
Boyda (KS) Filner Larson (CT) Reichert Spratt Young (AK) And I would be pleased to yield to the
Brady (PA) Flake Latham Renzi Stark Young (FL)
Brady (TX) Forbes LaTourette
author of the bill as to why this bill
Braley (IA) Fortenberry Lee ANSWERED PRESENT1 doesnt fit that definition of an ear-
Brown (SC) Fossella Levin Barton (TX) mark.
Brown, Corrine Foxx Lewis (CA) The SPEAKER pro tempore. The gen-
Brown-Waite, Frank (MA) Lewis (GA) NOT VOTING9
Ginny Franks (AZ) Lewis (KY) tleman may make his point of order,
DeGette Jones (OH) Shays
Buchanan Frelinghuysen Linder
Hulshof
but may not yield.
McMorris Thompson (MS)
Burgess Gallegly Lipinski Mr. PRICE of Georgia. I reserve a
Hunter Rodgers
Burton (IN) Garrett (NJ) LoBiondo
Butterfield Gerlach Loebsack
Johnson (GA) Sali point of order then. I make my point of
Buyer Giffords Lofgren, Zoe ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
order against the consideration of H.R.
Calvert Gilchrest Lowey
The SPEAKER pro tempore (during 1100.
Camp (MI) Gillibrand Lucas The SPEAKER pro tempore. The
Campbell (CA) Gillmor Lungren, Daniel the vote). Members are advised that
Cannon Gingrey E. there are 2 minutes remaining in this point of order may not be reserved.
Cantor Gohmert Lynch
vote. Mr. PRICE of Georgia. I make a point
Capito Gonzalez Mack of order against consideration of H.R.
Capps Goode Mahoney (FL)
1100.
Capuano Goodlatte Maloney (NY) b 1339
Cardoza Gordon Manzullo Madam Speaker, I believe I have
Carnahan Granger Marchant So (two-thirds being in the affirma- made my point that this bill indeed fits
Carney Graves Markey tive) the rules were suspended and the the definition of a congressional ear-
Carson Green, Al Marshall
Carter Green, Gene Matheson
bill was passed. mark under rule XXI, clause 9(d) and,
Castle Grijalva Matsui The result of the vote was announced therefore, violates the rules of the
Castor Gutierrez McCarthy (CA) as above recorded. House and, therefore, should not be
Chabot Hall (NY) McCarthy (NY) A motion to reconsider was laid on
Chandler Hall (TX) McCaul (TX)
considered.
Clarke Hare McCollum (MN) the table. The SPEAKER pro tempore. The
Clay Harman McCotter Chair finds that the entry on page 6 of
Cleaver Hastert McCrery f the report of the Committee on Nat-
Clyburn Hastings (FL) McDermott
Coble Hastings (WA) McGovern ural Resources constitutes compliance
Cohen Hayes McHenry GENERAL LEAVE with clause 9(a) of rule XXI. The point
Cole (OK) Heller McHugh Mr. GRIJALVA. Madam Speaker, I of order is overruled.
Conaway Hensarling McIntyre
Conyers Herger McKeon ask unanimous consent that all Mem- f
Cooper Herseth Sandlin McNerney bers may have 5 legislative days within
Costa Higgins McNulty which to revise and extend their re- CARL SANDBURG HOME NATIONAL
Costello Hill Meehan
marks and include extraneous material HISTORIC SITE BOUNDARY REVI-
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Courtney Hinchey Meek (FL) SION ACT OF 2007


Cramer Hinojosa Meeks (NY) on H.R. 1100.
Crenshaw Hirono Melancon The SPEAKER pro tempore (Ms. The SPEAKER pro tempore. Pursu-
Crowley Hobson Mica CLARKE). Is there objection to the re- ant to House Resolution 429 and rule
Cubin Hodes Michaud
Cuellar Hoekstra Miller (FL) quest of the gentleman from Arizona? XVIII, the Chair declares the House in
Culberson Holden Miller (MI) There was no objection. the Committee of the Whole House on

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5649
the state of the Union for the consider- amendment that made several tech- We will also be introducing, by Mr.
ation of the bill, H.R. 1100. nical changes and standardized the HELLER of Nevada, an amendment that
b 1344 bills language. The amended bill was says if this land wishes to be donated,
forwarded to the full committee by we will accept it.
IN THE COMMITTEE OF THE WHOLE voice vote. The bill, as amended, was Had any of these three amendments
Accordingly, the House resolved ordered favorably reported to the been adopted in the committee, the
itself into the Committee of the Whole House by the Natural Resources Com- committee of jurisdiction, this bill
House on the state of the Union for the mittee by voice vote. would probably be here as a suspension
consideration of the bill (H.R. 1100) to Mr. Chairman, H.R. 1100 is a result of bill. But when the attitude is its all or
revise the boundary of the Carl Sand- a lengthy public planning process. It nothing, rejecting any kind of minority
burg Home National Historic Site in has extensive and enthusiastic commu- input, we will probably object for the
the State of North Carolina, and for nity support, including the support of logic in this bill. This bill can be
other purposes, with Mr. PASTOR in the the landowners involved. It also has jammed through by the numbers but
chair. the backing of the Bush administration certainly not by the logic.
The Clerk read the title of the bill. and North Carolinas Republican Sen- Mr. Chairman, I realize the chief
The CHAIRMAN. Pursuant to the ators. Given all this, we have to won- sponsor is here, and I think it would be
rule, the bill is considered read the der why there are those who would try only fair to allow him to have the op-
first time. to make this, a straightforward bill, portunity to speak now in defense of
The gentleman from Arizona (Mr. controversial. his bill before I go on.
GRIJALVA) and the gentleman from Mr. Chairman, I would again com-
mend Representative SHULER for his Mr. Chairman, with that, I reserve
Utah (Mr. BISHOP) each will control 30
hard work on behalf of this important the balance of my time.
minutes.
The Chair recognizes the gentleman and worthy legislation, and I strongly Mr. GRIJALVA. Mr. Chairman, I
from Arizona. urge the passage of H.R. 1100, as yield such time as he may consume to
Mr. GRIJALVA. Mr. Chairman, H.R. amended. the chairman of the Natural Resources
1100 authorizes a boundary expansion Mr. Chairman, I reserve the balance Committee, Mr. RAHALL.
of 115 acres at the Carl Sandburg Home of my time. Mr. RAHALL. Mr. Chairman, I cer-
National Historic Site, a unit of the Mr. BISHOP of Utah. Mr. Chairman, tainly want to commend the distin-
National Park System in western I yield myself such time as I may con- guished chairman of the subcommittee,
North Carolina. The bill was intro- sume. Mr. GRIJALVA, the respected chairman
duced by my colleague on the Natural Mr. Chairman, the headlines in the of the Subcommittee on Parks, Forests
Resources Committee, Representative papers could probably read Scramble and Public Lands, for his efforts in
HEATH SHULER, in whose district the the Eggs Because Were Bringing Home managing the bill on the floor today
Sandburg National Historic Site is lo- the Bacon. and bringing this legislation before us.
We are going to be leaving for Memo- I, of course, do rise in support of H.R.
cated. Representative SHULER has been
rial Day weekend. We will have the 1100, introduced by one of our newest
a strong advocate for the bill, and I
ability of standing in front of our con- colleagues on the Natural Resources
commend him for his enthusiasm and
stituents, looking them straight in the Committee, a very respected member
the dedication to this important piece eye, and saying that one of the last
of legislation. of our committee, Representative
things we did before we went back HEATH SHULER. I commend Mr. SHULER
The 264-acre Carl Sandburg Home Na- home was to cast a vote for something
tional Historic Site preserves the farm for his work on this legislation as well
that can be described as one of the big- as his dedication to his constituents,
where the two-time Pulitzer Prize-win- gest pieces of pork legislation we have.
ning author and his family lived for the who stand firmly behind this bill to
A contingency from North Carolina, protect and interpret a local resource
last 22 years of his life. Carl Sandburg both congressional and senatorial side,
was one of Americas most versatile that has national importance. Some
come to Washington and they brought may call it pork. Whatever you want.
and recognized writers whose stories, something back home. Even though
histories, and poems captured and re- But the last time I checked, we are the
this particular bill does not meet the peoples House of Representatives. We
corded Americas traditions, struggles, definition of general welfare as was in-
and dreams. represent the people that sent us here.
tended in the Constitution, does not And perhaps because Mr. SHULER is
H.R. 1100 authorizes a 115-acre bound- meet a critical need, does not enhance
ary adjustment that is recommended in doing such an effective job of that, it
the purpose of a specific park that we raises the ire of some in this body. But
the historic sites 2003 General Manage- have, it does spend money upfront and
ment Plan, a plan developed through a he has worked diligently to guide this
will yearly require this country to
4-year process that involved extensive bill through the legislative process. I
have a larger financial obligation. And
public input. The boundary adjustment applaud him for those efforts.
it does also tell us that enough votes
is necessary to allow construction of a Carl Sandburg was an American poet,
can deliver anything regardless of the
visitor center and a parking lot as well a biographer, novelist, and songwriter.
merits.
as to protect the pastoral views from We intend to show to all those who Today the farm he owned is preserved
the Sandburg estate. may be listening that this bill fails on as the Carl Sandburg Home National
H.R. 1100 authorizes the Secretary of the size, the cost, and the logic of it. Historic Site, managed by the National
Interior to acquire land from willing We intend to introduce three amend- Park Service for all Americans to visit
sellers only, and I would note that all ments eventually within this process. and learn about the life and works of
of the affected landowners have agreed One that will say that 5 acres included one of Americas most beloved authors.
to have their parcels included in the in this recommendation has logic to it, During the 22 years Sandburg spent
proposal to expand the historic site. that we admit that is truly there. at the farm until his death in 1967, he
H.R. 1100 is important for the contin- There is a need for safe public parking published more than ten volumes of po-
ued protection and operation of this and a visitor center, which is the 5 etry and prose, including a novel and
historic site, and it has bipartisan sup- acres they requested. an autobiography. And it was this farm
port. At a hearing on the bill last We will also present an amendment he returned to after winning his second
month, the administration testified in which will say the first thing we need Pulitzer Prize in 1951.
support of the legislation, as did a local to do is make sure that we are dealing The pending measure is important to
county commissioner. In the Senate, with the backlog of resource needs that the future protection and interpreta-
we have. This particular park, accord- tion of the Sandburg farm. The 115-acre
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companion legislation has been spon-


sored by Senator DOLE and Senator ing to the National Park Service, has boundary adjustment will allow for the
BURR. $600,000 worth of construction needs in construction of a much-needed visitor
During the markup of this bill, the the regular park itself, which we center and parking lot. As important,
Subcommittee on National Parks, For- should be doing before we try any kind the boundary adjustment will provide
ests and Public Lands adopted an of expansion. the opportunity to protect the views

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H5650 CONGRESSIONAL RECORD HOUSE May 23, 2007
from the Sandburg estate that the au- tunity for us to realize what an ear- want to add, and the house could burn
thor and his family cherished and that mark is, whether it is recognized by to the ground, and you wouldnt know
todays visitors so richly enjoy. the Chair as an earmark or not, what about it until the fire trucks from the
The State of North Carolinas De- real pork is, and what a Federal land town came running by the road to get
partment of Cultural Resources has grab is. there. This has nothing to do with pre-
recognized the importance of pro- This is designed to increase the Na- serving and protecting the vast purpose
tecting the views from Sandburgs es- tional Park Services land inventory. of this particular park. Ive got four
tate by purchasing 22 acres within the This is ironic considering that the Na- problems with this bill, this is the first
proposed boundary expansion area. tional Park Service currently has an one.
They intend to donate these acres to overall maintenance backlog for lands The second one deals with the cost.
the National Park Service upon au- it currently owns. In fact, this very When we had the hearing in the mark-
thorization of the boundary adjust- site, the Carl Sandburg National His- up, it was said that this bill would cost
ment. All of the other affected land- toric Site, already has $600,000 in de- between 2- and $3 million. CBO has now
owners have agreed to have their prop- ferred maintenance cost itself. scored it at $7 million. They have also
erties included within the proposed The author of the bill said that this said it will incur to the Federal Gov-
boundary adjustment. was a mission to allow the site. If my ernment an ongoing expense of a half
This is a straightforward bill, as the understanding is correct, you cannot million dollars a year. This park al-
chairman of the subcommittee has even see the additional 115 acres from ready costs about $1.2 million to run.
said. It enjoys bipartisan support, and I the home site itself. And I dont know They bring in about $100,000 to $200,000
urge that it be approved by all of our if this is going to involve any land- worth of revenue a year, so it is a $1
colleagues on the House floor. scaping or cutting down trees or grad- million drag on the Federal Treasury
Mr. BISHOP of Utah. Mr. Chairman, ing costs or whatever, and maybe Mr. at first. This will add to that, making
I reserve the balance of my time. Sandburg did see this, but it must have it a $1.5 million net deficit every year
Mr. GRIJALVA. Mr. Chairman, I
been on a walk and not from his home. the existence of this park is there.
yield such time as he may consume to Now, some people will say, look, its
This was not an original part of the
the author and sponsor of the legisla- only 100 acres. Were only talking
Sandburg estate. And if you read the
tion, Congressman SHULER. about $7 million. In the scope of what
Mr. SHULER. Mr. Chairman, Carl intent of the legislation when it was
done, it was to preserve the farm, not we do here in the Nation, thats not
Sandburg was a national treasure who
spent 20 years of his life in the moun- to buy up all the surrounding land. much. But if you actually spend $7 mil-
tains of western North Carolina. While Mr. Chairman, I hope that my col- lion here, 2- or $3 million there, pretty
he was not a native son, we in North leagues will understand exactly what soon you realize that we are in a situa-
Carolina are certainly proud to claim this bill is, that they will oppose it and tion where we have squandered all our
him as one of our own. join me in protecting the taxpayers money, and we dont have anything for
His farm is now a National Historic dollar. those deserving projects that actually
Site visited by thousands of families Mr. GRIJALVA. Mr. Chairman, I re- are before us.
around the world. This site is impor- serve the balance of my time. The National Park Service said this
tant both for its history and its beauty. Mr. BISHOP of Utah. Mr. Chairman, park itself needs $600,000 in mainte-
H.R. 1100 would revise the boundary I yield myself such time as I may con- nance work. It is galling that a park
of the historic site to add 115 acres. sume. system that is always talking about
The addition would serve two purposes. This bill authorizes the purchase of the need would in any way recommend
The first purpose is to protect the sce- 115 acres. I have already said 5 acres is or that we as a body would adopt that
nic views and open spaces the Sandburg legitimate. There is a need for safe recommendation to try and expand
family enjoyed from their home. The parking and a visitor center, and that into areas that we are not necessarily
second purpose is to allow the site to is the amount of space that they need. dealing with.
build a much-needed visitor center and It is the other 110 acres which, unfortu- I show you this picture right now be-
parking area. These additions are part nately, fits the title of pork. cause it is Dinosaur National Monu-
of the sites General Management Plan This park is about Carl Sandburg. It ment. It straddles the border between
which was adopted in 2003, after a full is supposed to venerate his life and his Utah and Colorado. This is the visitors
public process. literary legacy. Unfortunately, the center. I used to go there. This is excit-
This bill has wide bipartisan support. extra 110 acres has absolutely nothing ing. The entire mountain has been
The administration has testified in to do with his life or literary legacy. scaled back, and you can see the fossil
support of this bill. North Carolina The National Park System said, and remains of dinosaurs. Unfortunately,
Senators RICHARD BURR and ELIZABETH some that sit here on the floor, that this is condemned. No school kid can
DOLE are pushing companion legisla- this land would protect the viewshed. ever go into this building or see the
tion in the Senate. And this is strongly The logical question is what viewshed? fossil remains. No Park Service em-
supported by local county government. The ridge is the natural boundary of ployee can go in there because this is
I thank Chairman GRIJALVA, Chair- this park. The land to be adopted is on the backlog of stuff that needs to be
man RAHALL, and members of the com- over the ridge, which means you stand done.
mittee for their support. anywhere in that extra 100 acres and Before we buy extraneous territory
Mr. BISHOP of Utah. Mr. Chairman, you cant see the house from that acre- that adds to something that has noth-
it is my pleasure to yield 4 minutes to age. You stand at the house and you ing to do with the mission of the park,
the gentleman from Georgia (Mr. cant see the acreage unless we give we should solve these types of problems
WESTMORELAND). you some complimentary periscopes. first, because the money we use to buy
Mr. WESTMORELAND. Mr. Chair- Simply, there is no view to deal with. this land in North Carolina is money
man, I want to thank my friend from The county came up here and said, that will not be used in real parks, for
Utah for yielding. well, this park has evolved, kind of like real needs, for real issues anywhere
Its quite interesting. I was listening Jurassic Park, and now we are trying else in the Nation, in California, in Ari-
to the rule debate, and the gentleman to protect some of the historic zona, in New Mexico, in Maine. None of
from New York said that the reason pasturelands. those will receive that. It is simply a
this was being brought up under a rule misplaced sense of priority.
is to make sure that the process was b 1400 Now, this area was represented in the
open and that there were people who Historic pasturelands? This is about past by a gentleman who used to chair
Carl Sandburg. He wrote about Abra- the appropriations subcommittee that
mstockstill on PROD1PC66 with HOUSE

had amendments, and I just thought


that was quite comical and more of the ham Lincoln. He did not invent Arbys. dealt with public lands. He could have
smoke-and-mirror thing that this ma- They also said during the committee easily added this kind of money to an
jority has put forth. that this is to protect the resources. appropriations prospect. But having
Mr. Chairman, I rise today in opposi- The resources of this park is the house. the ability of seeing the overall needs
tion of H.R. 1100. This is a great oppor- You could be on that 100 acres they that we have in our forest system, our

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5651
parks system, our public lands system, The Acting CHAIRMAN (Mr. ROSS). Page 2, line 20, after the period insert the
he flat out didnt. He did take, instead All time for general debate has expired. following: The authority to acquire prop-
of a parochial view, a very patriotic Pursuant to the rule, the amendment erty under this subsection may not be exer-
cised until all maintenance for the Historic
view of the needs of this country, and I in the nature of a substitute printed in
Site deferred as of the day before the date of
am hopeful that we will do that as the bill shall be considered as an origi- the enactment of this Act has been com-
well. nal bill for the purpose of amendment pleted..
There is a third area of concern I under the 5-minute rule and shall be The Acting CHAIRMAN. Pursuant to
have, and that deals with community. considered read. House Resolution 429, the gentleman
To be honest, we are dealing with a The text of the committee amend- from Utah (Mr. BISHOP) and a Member
community that overtaxed its citizens ment is as follows: opposed each will control 5 minutes.
by $5 million last year. They brought H.R. 1100 The Chair recognizes the gentleman
in $5 million more than they spent. Be it enacted by the Senate and House of Rep- from Utah.
They have a general reserve fund of $21 resentatives of the United States of America in Mr. BISHOP of Utah. Mr. Chairman,
million. If this is definitely needed as Congress assembled, as I said in the opening remarks, we
open space, because it doesnt really fit SECTION 1. SHORT TITLE.
are going to try to present some
the park, but any kind of open space, This Act may be cited as the Carl Sandburg
amendments that can actually make
they could easily do that. Or they Home National Historic Site Boundary Revision
Act of 2007. this into a better bill.
could do what cash-strapped cities in This is the first one in which I want
SEC. 2. DEFINITIONS.
the West do, which is simply bond for to do which simply deals with the
For the purposes of this Act:
that kind of an approach. Even the idea (1) MAP.The term map means the map en- backlog we are talking about.
that 20 acres was given to the State, titled Sandburg Center Alternative numbered This amendment requires the Park
and that the State will now dedicate 445/80,017 and dated April 2007. Service to eliminate its maintenance
that, still presents another problem be- (2) SECRETARY.The term Secretary means backlog at this particular national his-
cause that means that forevermore this the Secretary of the Interior. toric site, the Carl Sandburg site, prior
county will have additional PILT land, (3) HISTORIC SITE.The term Historic Site to the purchasing of land.
and additional PILT money will be means Carl Sandburg Home National Historic As I said already, there is a $600,000
Site.
going to that, which, once again, cuts backlog that the Park Service has said
SEC. 3. CARL SANDBURG HOME NATIONAL HIS-
into the amount which is a finite sup- TORIC SITE BOUNDARY ADJUST- exists already at Carl Sandburgs his-
ply for all of us that are left. MENT. toric site. According to the Congres-
The fourth reason I have a problem (a) ACQUISITION AUTHORITY.The Secretary sional Budget Office, this bill costs $7
with this bill is simply its not pork. If may acquire from willing sellers by donation, million to implement. Those funds
this was a significant addition to giv- purchase with donated or appropriated funds, must be prioritized on an existing
ing the message of Carl Sandburg, I or exchange not more than 110 acres of land, needs list, which means the Park
would not object to it. If this was the water, or interests in land and water, within the
Service has the discretion to use the $7
area depicted on the map, to be added to the
5 acres that is a significant addition for million to buy new land before they ac-
Historic Site.
parking, safety and for a visitors cen- (b) VISITOR CENTER.To preserve the historic tually fix the existing buildings that
ter, I would not object to it. But this is character and landscape of the site, the Sec- happen to be there.
simply land that doesnt protect a retary may also acquire up to five acres for the Overall, the Park Service has a main-
viewshed, that doesnt have any histor- development of a visitor center and visitor park- tenance backlog thats anywhere from
ical connection with the family. It is ing area adjacent to or in the general vicinity of $5- to $10 billion. This is not the time
land that is simply being gobbled up the Historic Site. to buy more land until we fix the exist-
and will forevermore be subsidized (c) BOUNDARY REVISION.Upon acquisition of ing problems. Any addition to this
any land or interest in land under this section,
through PILT payments by this body the Secretary shall revise the boundary of the
park simply exacerbates the problem.
to this county. And when we have these Historic Site to reflect the acquisition. And this bill, not only in the overall
other needs, the question is simply, for (d) AVAILABILITY OF MAP.The map shall be cost, but also add an additional $500,000
what? There is no logic for that. on file and available for public inspection in the a year on operating costs of this par-
This is a hard place, I know, to deal appropriate offices of the National Park Service. ticular park.
with logic; but this is one of those bills (e) ADMINISTRATION.Land added to the His- So once again, Mr. Chairman, this is
that simply defies logic. Mr. Chairman, toric Site by this section shall be administered as the purpose of this particular amend-
for that reason I have to oppose this part of the Historic Site in accordance with ap- ment, to say, fine. What we will do,
plicable laws and regulations.
particular bill. though, is make sure that what we own
Mr. Chairman, I yield back the bal- The Acting CHAIRMAN. No amend- and what we are operating and what we
ance of my time. ment to the committee amendment is are using, which is actually the house,
Mr. GRIJALVA. Mr. Chairman, as we in order except the amendments print- its about Carl Sandburg, should be
go into the discussion and the debate ed in House Report 110165. Each properly maintained first before the
on the amendments, let me just remind amendment may be offered only in the Park System uses any of this money
my colleagues that H.R. 1100 is sup- order printed in the report; by a Mem- that may be appropriated or any of
ported by the Bush administration, ber designated in the report; shall be their dedicated funds that they may
State and local governments, citizens, considered read; shall be debatable for have for that kind of appropriation to
and North Carolinas Republican Sen- the time specified in the report, equal- expand the park. Fix what we have
ators. I would also note that the 115- ly divided and controlled by the pro- first.
acre addition was developed through a ponent and an opponent of the amend- Mr. Chairman, I reserve the balance
4-year planning process. ment; shall not be subject to amend- of my time.
And, yes, Carl Sandburg is beloved in ment; and shall not be subject to a de- Mr. GRIJALVA. Mr. Chairman, I rise
North Carolina, but his significance is mand for division of the question. in opposition to this amendment.
of national importance. That is why AMENDMENT NO. 1 OFFERED BY MR. BISHOP OF The Acting CHAIRMAN. The gen-
our cosponsors from east coast to west UTAH tleman from Arizona is recognized for 5
coast are part of this bipartisan legis- The Acting CHAIRMAN. It is now in minutes.
lation. order to consider amendment No. 1 Mr. GRIJALVA. Mr. Chairman, this
Mr. Chairman, I would say that the printed in House Report 110165. amendment is clearly intended to stop
preservation of the Carl Sandburg Mr. BISHOP of Utah. Mr. Chairman, the boundary expansion at the Carl
Home National Historic Site and the I offer an amendment. Sandburg home historical site from
ever happening. It imposes excessive,
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enhancement of that site is a national The Acting CHAIRMAN. The Clerk


responsibility, and that is why this leg- will designate the amendment. ill-defined requirements on this his-
islation is important, to extend that The text of the amendment is as fol- toric site, standards that we have
national responsibility. lows: never imposed on any other national
Mr. Chairman, I yield back the bal- Amendment No. 1 offered by Mr. BISHOP of park or government agency, and that I
ance of my time. Utah: suspect most of us would never impose

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H5652 CONGRESSIONAL RECORD HOUSE May 23, 2007
on ourselves. Could you, as a home- makes sense that we take care of this Page 2, line 18, strike 110 and insert
owner, certify that all maintenance on first before we do any kind of other ex- five.
your home is ever complete? Isnt there pansions; otherwise, we are simply not Page 2, line 18, strike the comma at the
end.
always a light bulb to be changed, a dealing properly with what should be Page 2, strike within the area depicted on
wall to be painted? Would we expect before us. the map,.
the Department of Defense to certify I appreciate, also, the fact that North Page 2, line 22, strike also and all that
that maintenance on every piece of Carolina bought the 22 acres, but I follows through acres on line 23 and insert
equipment in their inventory is com- would remind you also that they the following: use the land, water, or inter-
plete before allowing them to purchase bought it from a group that virtually ests in land and water acquired under sub-
new equipment? Of course not. So why had the land so it could be kept in open section (a).
is the Carl Sandburg Home Historic space in the first place, and that as The Acting CHAIRMAN. Pursuant to
Site expected to meet that standard? soon as we federalize these acres as House Resolution 429, the gentleman
The minority has had 12 years to do well as the other 110 acres, this auto- from Utah (Mr. BISHOP) and a Member
something about the National Park matically becomes PILT money avail- opposed each will control 5 minutes.
Service maintenance backlog and able for North Carolina. This is the gift The Chair recognizes the gentleman
failed to act, but that failure should that keeps on giving and the cost that from Utah.
not be allowed to hinder the continuing keeps on costing the rest of this Na- Mr. BISHOP of Utah. Mr. Chairman,
needs of the National Park System. tion. this is the amendment that does what
The new majority in Congress is com- Mr. Chairman, I yield back the bal- I originally said ought to have been
mitted to addressing the past budget ance of my time. done. There has been compelling evi-
shortfalls, while managing and growing Mr. GRIJALVA. Mr. Chairman, I dence that there is a need for 5 addi-
the National Park Service responsibly. yield 2 minutes to my colleague from tional acres to provide for safe parking
We can do both, and we must do both. North Carolina, sponsor of the legisla- enhancement and to provide for a visi-
Further, Mr. BISHOPs amendment re- tion (Mr. SHULER). tors center. In addition, in the testi-
quires an unspecified person to deter- Mr. SHULER. Mr. Chairman, this mony we had at the hearing, they
mine that all deferred maintenance at amendment unfairly targets H.R. 1100. asked that this acreage not be made
Carl Sandburg has been completed, but The gentleman from Utah did not mandatory as contiguous to the park
fails to define not only who makes the offer this amendment to two similar itself to leave them the flexibility as
determination, but also what the defi- Republican bills. Had he required H.R. far as the planning process.
nition of deferred maintenance is. 1080, Mrs. CUBINs legislation dealing So what I am asking for this to do is
Therefore, I dont see how a determina- with the Grand Teton National Park, make in order those 5 acres, which I
tion can ever be made. Even the Direc- to delay land acquisition until deferred admit is a legitimate request, and it
tor of the National Park Service her- maintenance was completed, it would would not include the extra 110 acres
self has testified before the Sub- have cost them $57 million. That is 115 that are supposedly for a viewshed pro-
committee on National Parks, Forests times more in deferred maintenance tection that no one can see or for a re-
and Public Lands that deferred mainte- costs than the Carl Sandburg home. source that is not related in any way to
nance is an ongoing process, just like it None of these groups or agencies is the purpose of this particular park.
is for every other Federal agency or a required to complete backlog Mr. Chairman, I reserve the balance
homeowner. maintenances. That is because the of my time.
The North Carolina Department of maintenance is never fully completed, Mr. GRIJALVA. Mr. Chairman, I rise
Cultural Resources has already pur- and it is an ongoing process. in opposition to the amendment.
chased 22 of the 110 acres proposed to This amendment fails to define the The Acting CHAIRMAN. The gen-
be added. They would like to donate deferred maintenance, what it is, who tleman is recognized for 5 minutes.
these lands to the National Park Serv- will complete it, or in what time frame Mr. GRIJALVA. Mr. Chairman, the
ice, but Congress must authorize this it is to be completed. It is a weak at- Bishop amendment arbitrarily slashes
boundary adjustment first. This tempt to stop legislation. the boundary adjustment at the Carl
amendment would require the State to I urge my colleagues to vote no on Sandburg Home National Historic Site
continue to hold the land indefinitely, this amendment. by 95 percent. This reduction is based
something they should not have to do. Mr. GRIJALVA. Mr. Chairman, I on no science, no studies, and would
Mr. Chairman, this amendment will yield back the balance of my time. substitute the judgment of a few for
have no impact on whether the backlog The Acting CHAIRMAN. The ques- those of the many.
of maintenance on the national parks tion is on the amendment offered by The National Park Service has in-
is managed effectively. Rather, it was the gentleman from Utah (Mr. BISHOP). vested 4 years and tens of thousands of
simply introduced to kill this boundary The question was taken; and the dollars in a public planning process to
addition. I urge defeat of the amend- Chairman announced that the noes ap- determine the future of this very im-
ment. peared to have it. portant historic site. With extensive
Mr. Chairman, I reserve the balance Mr. BISHOP of Utah. Mr. Chairman, analysis and public input, a 115-acre
of my time. I demand a recorded vote. boundary adjustment was determined
Mr. BISHOP of Utah. Mr. Chairman, The Acting CHAIRMAN. Pursuant to to be necessary to protect park re-
I think it is one of those things that clause 6 of rule XVIII, further pro- sources and provide for the enjoyment
its a simple question: Do we expand ceedings on the amendment offered by of the public. Mr. BISHOPs amendment
what we have, buy more stuff to take the gentleman from Utah will be post- simply ignores this, undermining good
care of, or do we take care of what we poned. public policy.
have first? And I have to admit that The amendment flies in the face of
under Republican leadership we have b 1415 the wishes of the local community, in-
had huge increases in these budgets; AMENDMENT NO. 2 OFFERED BY MR. BISHOP OF cluding the village council and the
however, the need is still significantly UTAH local county commissioners. It defies
there. The Acting CHAIRMAN. It is now in the many State and Federal agencies
I appreciate the comments that were order to consider amendment No. 2 that participated in and supported the
made by my colleague, the gentleman printed in House Report 110165. outcome of the multiyear planning
from Arizona, as to what those deferred Mr. BISHOP of Utah. Mr. Chairman, process. It contradicts the wishes of
maintenance needs may or may not be. I offer an amendment. the Bush administration, who testified
Actually, the Park Service has already The Acting CHAIRMAN. The Clerk in support of this legislation at a hear-
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done that. They have listed out exactly will designate the amendment. ing just last month. And it goes
what needs to be done there. In fact, I The text of the amendment is as fol- against the desires of two Senators
said $600,000. I was wrong. Its $599,673 lows: from North Carolina, both Republicans,
worth of specific maintenance that has Amendment No. 2 offered by Mr. BISHOP of I might add, who have sponsored com-
to be done on this site first. And it just Utah: panion legislation in the Senate.

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5653
Mr. Chairman, this amendment also sion of that park is expanding the rent Federal estate. Nearly 85 percent
flies in the face of the desires of land- Grand Teton Park by six ten-thou- of my home State of Nevada is con-
owners in question who have agreed to sandths of a percent. This particular trolled by the Federal Government. In
have their properties included in the bill expands this park 44 percent, and if Nevada, we have vast management
proposed boundary expansion. It vir- you divide $7 million by the number of needs. We need funding for important
tually guarantees these lands will be acres, that is something around $64,000 priorities like the management of wild
developed. The owners would like the an acre. horses and burros, wildfire mitigation
opportunity at some future date to sell That would be a cost that would be and management, endangered species,
their property or an easement on their there. There is an ongoing cost and an and rangeland and habitat restoration,
property to the historic site for con- ongoing decision that the United to just name a few. And I know this is
servation purposes. If and when these States needs to go into if we are going the case across much of the West.
landowners are ready to sell their land, to make these kinds of decisions. We need to be cognizant of the fact
this amendment assures that the Fed- Like I said, the amendment is that every time we add to the Federal
eral Government would not be at the straightforward. There is a need for estate, it spreads our already limited
table, but a developer surely will. parking. There is a need for the visi- resources even thinner. As a result, Mr.
Mr. Chairman, the Natural Resources tors center; 5 acres meets that need. Chairman, any additions to the Federal
Committee has moved this year Repub- The rest of it is simply not a need, it is estate must be carefully debated and
lican-sponsored park expansion bills not necessary, and we should reject have demonstrable necessities of Fed-
that have added more than 3,000 acres this kind of pork. eral protection.
at a cost of millions of dollars with no Mr. Chairman, I yield back the bal- This bill was reported out of com-
amendment of this type offered. Money ance of my time. mittee, Mr. Chairman, with an esti-
and expanding parking are clearly not Mr. GRIJALVA. Just in closing, on mated price tag of $2.25 million. Since
the real issue here. The Bishop amend- the issue of cost, CBO scored this bill that time, as mentioned by my col-
ment has no science, no studies, no as costing $7 million because they in- league from Utah, the Congressional
local support, and it should be de- cluded the cost of the future visitors Budget Office has scored this legisla-
feated. center that was estimated at $3.5 mil- tion and determined that the actual
Mr. Chairman, I yield 2 minutes to lion. Just for the record, I note that price tag is $7 million.
the gentleman from North Carolina both Mr. BISHOPs amendment and Mr. That is no small chunk of change; $7
(Mr. SHULER). HELLERs amendment allow the $3.5 million can provide energy assistance
Mr. SHULER. Mr. Chairman, this million to be spent on the visitors cen- to over 44,000 North Carolina house-
amendment violates the wishes of the ter. holds living below poverty.
Mr. Chairman, I yield back the bal- Mr. Chairman, $7 million can go a
residents of Henderson County, their
long way to protect veterans in the
Republican county commissioners, the ance of my time.
The Acting CHAIRMAN. The ques- Asheville veterans hospital, which has
State of North Carolina, Republican
tion is on the amendment offered by been plagued by shortages of nurses
Senators ELIZABETH DOLE and RICHARD
the gentleman from Utah (Mr. BISHOP). and doctors.
BURR and the administration. Mr. Chairman, $7 million would buy
Additionally, this amendment flies in The amendment was rejected.
flu shots for all of the children living
the face of the 2003 general manage- AMENDMENT NO. 3 OFFERED BY MR. HELLER OF
below the poverty level in North Caro-
ment plan that was conducted publicly NEVADA
linas 11th District for 11 years.
with wide support. This general man- The Acting CHAIRMAN. It is now in And in the context of this debate,
agement plan included all 115 acres order to consider amendment No. 3 that $7 million is desperately needed to
that are in this bill. This amendment printed in House Report 110165. manage and maintain the land cur-
would eliminate the ability of the Carl Mr. HELLER of Nevada. Mr. Chair- rently owned by the Federal Govern-
Sandburg Home to protect their man, I offer an amendment. ment. In fact, some of that money is
viewshed and thus undermine the pur- The Acting CHAIRMAN. The Clerk needed to address the $600,000 in de-
pose of this bill. will designate the amendment. ferred maintenance currently existing
My bill is not seeking any appropria- The text of the amendment is as fol- at the very site that is proposed for ex-
tion or requiring the government to lows: pansion.
purchase anything. I oppose this Amendment No. 3 offered by Mr. HELLER of Additionally, it is unclear to me why
amendment, and I urge my colleagues Nevada: this particular piece of property is
to do the same. Page 2, strike lines 15 through 20 and insert
the following:
vital to the Carl Sandburg story for
Mr. BISHOP of Utah. Mr. Chairman, which the park was created and in dire
(a) ACQUISITION AUTHORITY.The Secretary
I take some umbrage at the claim that may acquire from willing sellers by dona- need of Federal protection.
this is an arbitrary number that is tion, purchase with donated funds, or ex- Mr. Chairman, during subcommittee
taken out. In our hearing testimony, it change not more than 110 acres of land, proceedings we learned that this expan-
was very clear from both the park as water, or interests in land and water, within sion enjoys support from the commu-
well as the county that 5 acres was the area depicted on the map, to be added to nity and local governments. I under-
what was needed for the parking and the Historic Site.. stand the importance of communities
the visitors center. That is not a num- The Acting CHAIRMAN. Pursuant to and Federal land management agencies
ber pulled out of the air. It was specifi- House Resolution 429, the gentleman working together, and it is in that spir-
cally for 5 acres. That is why I have from Nevada (Mr. HELLER) and a Mem- it that I am offering this amendment.
continuously used that particular num- ber opposed each will control 5 min- This amendment strikes a balance
ber. utes. that will allow for the expansion of the
Things have changed, I admit, since The Chair recognizes the gentleman park, but will not take away from the
the hearing. When we had the hearing, from Nevada. already overburdened budget for public
it was said this would totally cost Mr. HELLER of Nevada. Mr. Chair- lands management.
somewhere between $2 million and $3 man, in the spirit of my colleague from Henderson County, which is the home
million. CBO has said today this will Utah, I rise today to offer an amend- of the Carl Sandburg Home National
cost $7 million and a continuing ongo- ment to H.R. 1100 that will allow for Historic Site, has determined that they
ing fee of $500,000 every year. the expansion of the Carl Sandburg would like to protect the viewshed
I would not be necessarily as opposed Home National Historic Site, provided area. If this is the priority for them,
to this if indeed donation was the goal. that it is acquired from willing sellers this compromise amendment will give
It is unfair to the gentlelady from Wy- the community the opportunity to
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by donation, purchased with donated


oming, as well as the bill that deals funds, or exchange. show their support by making a finan-
with a donation of land to the Grand As those of us from public land cial commitment to purchase this
Teton National Park, to compare this States know all too well, public fund- property, with the Federal Government
with that. That was simply a donation. ing for lands management is insuffi- ultimately responsible for manage-
The total cost is zero. The total expan- cient to adequately manage the cur- ment. I believe that local support can

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H5654 CONGRESSIONAL RECORD HOUSE May 23, 2007
make this compromise I am proposing mittee favorably reported a Republican Mr. HELLER. Mr. Chairman, I de-
a reality. bill that would add more than 3,000 mand a recorded vote.
Mr. Chairman, my amendment allows acres to the Jean Lafitte National His- The Acting CHAIRMAN. Pursuant to
for my colleagues constituents to toric Park. That bill allows appro- clause 6 of rule XVIII, further pro-
achieve their goal while protecting the priated funds to be used, and the CBO ceedings on the amendment offered by
budgets of our Federal land manage- estimate put the cost at up to $5 mil- the gentleman from Nevada will be
ment agencies, who have a difficult lion. Why should appropriated funds be postponed.
time managing the lands they already available for that bill but specifically Mr. GRIJALVA. Mr. Chairman, I
own. protected in this bill? move that the Committee do now rise.
I urge my colleagues to support this Mr. Chairman, land protection at a The motion was agreed to.
amendment and its wise use of Federal national historic site is a national re- Accordingly, the Committee rose;
resources. sponsibility, as recognized by my Re- and the Speaker pro tempore (Mr. PAS-
Mr. Chairman, I reserve the balance publican colleagues in the Jean Lafitte TOR) having assumed the chair, Mr.
of my time. legislation. The Heller amendment is ROSS, Acting Chairman of the Com-
Mr. GRIJALVA. Mr. Chairman, I rise inconsistent and unfair. I believe Mr. mittee of the Whole House on the State
in opposition to the amendment. SHULERs predecessor did not recognize of the Union, reported that that Com-
The Acting CHAIRMAN. The gen- the importance of enhancing and pro- mittee, having had under consideration
tleman is recognized for 5 minutes. tecting this valuable viewshed. We the bill (H.R. 1100) to revise the bound-
Mr. GRIJALVA. Mr. Chairman, this should not penalize the author of this ary of the Carl Sandburg Home Na-
amendment is inconsistent and unfair. legislation for recognizing it. tional Historic Site in the State of
As I stated earlier, the enhancement Mr. Chairman, I yield 2 minutes to North Carolina, and for other purposes,
and preservation of this site is a na- Mr. SHULER for his comments. had come to no resolution thereon.
Mr. SHULER. Mr. Chairman, while
tional responsibility. This amendment f
abdicates that responsibility by prohib- my preference is for as much land to be
donated or purchased privately, this URGING AMERICANS AND PEOPLE
iting the use of Federal funds to fulfill
amendment would tie the hands of the OF ALL NATIONALITIES TO
this role. Strangely, it allows Federal
government if it ever decided to step in VISIT THE AMERICAN CEME-
funds to be used for development but
and protect the Carl Sandburg homes TERIES, MEMORIALS AND MARK-
requires State and local landowners to
viewshed. ERS
shoulder the costs of protecting the
Mr. HELLER did not offer this amend- Mr. FILNER. Mr. Speaker, I move to
historic viewshed.
ment to Mrs. CUBINs bill or Mr. suspend the rules and agree to the reso-
Philanthropy has and will continue
JINDALs bill in committee, both Re- lution (H. Res. 392) urging Americans
to play an important role in the care of
publican bills very similar to H.R. 1100. and people of all nationalities to visit
our national parks and is something It is not reasonable to expect all of
that we are all thankful and grateful the American Cemeteries, Memorials
the land to be donated from small land- and Markers.
for. A perfect example is the State of owners who are currently living on the
North Carolina. Recognizing the impor- The Clerk read the title of the resolu-
land. I urge my colleagues to oppose tion.
tance of protecting the historic this amendment.
viewshed, it has purchased 22 of the 110 The text of the resolution is as fol-
Mr. HELLER of Nevada. Mr. Chair- lows:
acres identified as needing protection man, I yield 112 minutes to the gen-
and would like to donate them to the H. RES. 392
tleman from Utah (Mr. BISHOP).
National Park Service. The National Mr. BISHOP of Utah. Mr. Chairman, Whereas the United States has fought in
Park Service will, of course, continue wars outside of its borders to restore free-
I wish to simply address a couple of the dom and human dignity;
to welcome any donation of land or issues that have been brought up again. Whereas the United States has spent its
money to help protect the remainder of In comparing this particular bill to national treasure and shed its blood in fight-
this land. two others, one specifically still held ing those wars;
However, it is irresponsible to expect up in the committee, it is true that one Whereas many of those who died on the
the State to shoulder the total respon- bill did have a donation, which is what battlefield were laid to rest exactly where
sibility of purchasing all 110 acres, nor he is patterning after, so the Grand they fell;
should small landowners have the re- Teton bill is very similar to this: Will- Whereas those plots of ground are now
sponsibility to donate their property to ing donor. known as American Cemeteries, Memorials
the National Park Service. We need to and Markers, and they exist in 10 foreign
The other bill by the gentleman from
countries on four continents;
maintain the option to purchase the Louisiana (Mr. JINDAL) is with the Whereas these cemeteries exist as the final
land from willing sellers, so that when Jean Lafitte National Park. This is the resting place for American servicemembers
it is on the sale block, the Federal Gov- ability of coming up with area that is who fought valiantly in battles across the
ernments hands are not tied. necessary for protecting from the dev- globe, including Ardennes and Flanders, Bel-
The amendment is not about the astation of hurricanes. It is also area gium; Manila, the Philippines; North Africa,
availability of Federal funds. This is a coming mainly from State and local Tunisia; Florence, Italy; and Normandy,
funding source specifically set aside for lands, not from private owners, and we France;
Federal acquisitions of land identified Whereas each year millions of American
do not actually oppose the boundary
and foreign citizens visit the American
as important for conservation. The revisions because it makes sense on a Cemeteries, Memorials and Markers;
Land and Water Conservation Fund has case-by-case basis in this particular Whereas these overseas sites annually rec-
a current balance of $16 billion. I would area, especially when the cost for the ognize Memorial Day with speeches, a read-
say that is sufficient to allow the pos- land is only $1,000 per acre. It would ing of the Memorial Day Proclamation,
sibility of using appropriated funds for only increase the size of this particular wreath laying ceremonies, military bands
this 110-acre addition. national site by 15 percent, not the 44 and units, and the decoration of each grave
percent as in this one. site with the flag of the United States and
b 1430 that of the host country; and
Mr. GRIJALVA. Mr. Chairman, I
This amendment is also inconsistent. Whereas the splendid commemorative sites
yield back the balance of my time.
It allows the use of Federal funds to inspire patriotism, evoke gratitude, and
Mr. HELLER of Nevada. Mr. Chair-
purchase 5 acres for construction of a teach history: Now, therefore, be it
man, I yield back the balance of my Resolved, That House of Representatives
visitor center, yet does not allow the time. strongly urges Americans and people of all
use of Federal funds to purchase 110 The Acting CHAIRMAN. The ques- nationalities to visit the American Ceme-
acres of land or easements to protect
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tion is on the amendment offered by teries, Memorials and Markers abroad, where
the historic viewshed. the gentleman from Nevada (Mr. HELL- the spirit of American generosity, sacrifice,
Finally, this amendment is unfair. ER). and courage are displayed and commemo-
Committee Republicans raised no ob- The question was taken; and the Act- rated.
jections nor offered any amendments ing Chairman announced that the noes The SPEAKER pro tempore. Pursu-
when the Natural Resources Com- appeared to have it. ant to the rule, the gentleman from

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5655
California (Mr. FILNER) and the gen- occur. We have provided the resources Mr. LAMBORN. Mr. Speaker, I yield
tleman from Colorado (Mr. LAMBORN) to meet these needs. Now we have to myself such time as I may consume.
each will control 20 minutes. have accountability for their spending. Mr. Speaker, I want to thank the
The Chair recognizes the gentleman The Veterans Affairs Committee of chairman of the committee for the
from California. this Congress has pledged to do that. good work he has done and also the
Mr. FILNER. Mr. Speaker, I yield So we have a collection of bills on ranking member, the gentleman from
myself such time as I may consume. the floor this afternoon to say thank Indiana (Mr. BUYER), for the good work
Mr. Speaker, we are about to take up you to our Nations veterans, thank he has done in helping shepherd this
a package of seven bills that have come you for your efforts in this war, thank package of bills and resolutions that
to the floor from the Veterans Com- you for your efforts in past wars, and are on the floor today paying tribute to
mittee, a committee which I am very we honor those who gave the ultimate our Nations veterans.
proud of that has worked together over sacrifice on Memorial Day. Mr. Speaker, on House Resolution
the first 4 or 5 months of this session to This resolution before us now, H. Res. 392, I want to commend this resolution
keep our contract with our Nations 392, comes to us under the leadership of urging Americans and people of all na-
veterans. And there is no better time the gentleman from Colorado (Mr. tionalities to visit the American ceme-
than just before Memorial Day to say LAMBORN), and I thank him for his ac- teries, memorials and markers located
thank you. Memorial Day celebrates tivity on the Veterans Affairs Com- on and near the battlefields where
those who have made the ultimate sac- mittee. This resolution encourages peo- members of our Armed Forces fought
rifice for our Nations freedom. We are ple to visit the cemeteries, memorials, and died to secure our Nations free-
here on the floor today to say thank and markers overseen by the American dom, and to actually secure the free-
you to those, and to those who are still Battle Monuments Commission. I am dom of the whole world.
deployed, and to veterans from past sure many people who hear this say, Properly honoring a veterans mem-
wars. what is the American Battle Monu- ory is one of our most solemn and sa-
In the recent election, Mr. Speaker,
ments Commission? cred obligations. These patriots and
the Democrats promised to do more for In 1923, Congress created the Battle their families are due the tribute and
our Nations veterans. We said we had
Monuments Commission to control the thanks of a grateful Nation.
a President who was saying, support
construction of military cemeteries, The overseas national cemeteries of
the troops, support the troops, support
monuments and markers erected to the American Battle Monuments Com-
the troops; but when they came home,
honor American servicemembers killed mission provide these heroes honored
where was that support? Walter Reed
on foreign soil. Host countries provide repose in a national shrine far from the
ripped off the veil of our incompetency
the necessary lands for these sites to homes they left to serve us. These
of dealing with veterans and showed
the United States in perpetuity and cemeteries are the gold standard in
that so many were not getting the care
free of charge. memorializing the priceless gift given
they were promised and people thought
The Commission cares for 24 military us by those who fell in our defense.
they were getting.
We have had story after story in the cemeteries and 25 memorials, monu- The Commission oversees 24 overseas
Nations press about how returning ments and markers in 15 nations military cemeteries that serve as rest-
veterans with PTSD or brain injury around the world. These sites serve as ing places for almost 125,000 American
have not been getting the care which the final resting places for almost war dead; on Tablets of the Missing
this Nation has promised at the high- 125,000 Americans who fought in the that memorialize more than 94,000
est quality medical system in the Mexican-American War through World United States service men and women;
world. So we have to do better. War I and II. The Commission takes and through 25 memorials, monuments
We have a system that is really special care that all cemeteries under and markers.
about to break and collapse. What we its supervision are maintained to the These memorials and cemeteries are
saw as the majority party is that the highest standard attainable. the final resting place for Americans
first thing that had to be done was give The Battle Monuments Commission who fought valiantly in battles whose
the VA the resources to carry out the extends an open invitation to all to names ennoble our history: Ardennes
job; secondly, we had to have account- visit these splendid shrines and go be- and Flanders, Belgium; Manila in the
ability for the spending of those re- yond the most well known, like Nor- Philippines; North Africa, Tunisia,
sources. mandy, and venture into others. Each Italy, and Normandy.
Well, in the first three spending bills site has its own sense of history, sac- With Memorial Day less than a week
that went through this House, we were rifice and beauty; each offers a dif- away, this is a most fitting time to
able to add $13 billion for the health ferent and unique experience. No two consider this resolution. I ask my col-
care of our veterans. That is an unprec- have the same garden or architecture. leagues to support it. I look forward to
edented increase from one year to the Perhaps only the spiritual qualities are its passage.
next, an increase of 30 percent in the similar. Mr. Speaker, I reserve the balance of
health care budget. In less than a month from now, on my time.
We have put in the resources to clean June 6, the Battle Monuments Commis- Mr. FILNER. Mr. Speaker, I have no
up the backlog of claims for disability sion will commemorate the 63rd anni- further speakers.
pensions that have built up to 600,000. versary of the D-Day landing by open- Mr. LAMBORN. Mr. Speaker, I yield
We have put in the money to open up ing a new Normandy American Ceme- such time as he may consume to the
new Centers of Excellence for trau- tery Visitor Center. Under construc- ranking member, the gentleman from
matic brain injury, to finally give the tion since 2002, the center will tell the Indiana (Mr. BUYER).
mental health care that the tens of story of the American servicemembers
b 1445
thousands of veterans who are coming memorialized at Normandy.
back from Iraq and Afghanistan need. I encourage everyone to visit this Mr. BUYER. Mr. Speaker, I rise
We call it PTSD, post-traumatic new D-Day center and any of the other today in strong support of H. Res. 392
stress disorder, but virtually every sol- sites under the jurisdiction of the Com- that encourages Americans and people
dier subject to at least five blasts that mission. of all nationalities to visit American
would give them brain injury, seeing Overseas American cemeteries are cemeteries, memorials and markers op-
their buddies shot and killed in front of lasting reminders of Americas willing- erated by the American Battle Monu-
them, maybe having to kill even by ac- ness to come to the defense of others. ments Commission.
cident some innocent people in Iraq, These tangible symbols of American More than 125,000 American war dead
of the Mexican, Civil, Spanish Amer-
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they come back with tremendous men- values endure long after the fighting is
tal issues. They have to be worked out. over. ican and both World Wars are buried in
They need medical care, and too many Mr. Speaker, I thank Mr. LAMBORN American cemeteries across the globe.
have been falling through the cracks. for bringing this resolution to us. Our overseas cemeteries are under the
So we have said we will provide the Mr. Speaker, I reserve the balance of jurisdiction of the American Battle
resources to make sure that does not my time. Monuments Commission. I believe they

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H5656 CONGRESSIONAL RECORD HOUSE May 23, 2007
are the gold standard in preserving the even ask of the chairman, there is a The SPEAKER pro tempore. The gen-
final resting place of this Nations he- bill that was filed by one of our col- tleman from Indiana is recognized.
roes. leagues to bring recognition to Ray- Mr. BUYER. Mr. Speaker, I think by
Ive had the privilege of visiting our mond Jerry Murphy, to name the De- silence, by omission, the chairman just
cemeteries in Normandy, in Luxem- partment of Veterans Affairs Medical spoke, and how disappointed I am that
bourg and Cyrennes which is just out- Center in New Mexico after this Medal veterans, that he just said that he
side Paris. I believe that those who of Honor winner. And Ive given you wanted to come to the floor, that he
work at these cemeteries, in fact, when several letters as to why this bill was going to take this moment as a
I said they set the gold standard, it is shouldnt be brought up. Were hopeful thank-you to veterans and all they do;
a standard to which our VA cemeteries that you could have brought this bill yet here we have an opportunity in bi-
here in this country should achieve. to the floor while he was alive, but now partisanship to recognize this Medal of
Its emblematic, I believe, of our Na- he has since deceased. Honor winner from Korea, whereby he
tions regard to those who made the So I would ask the chairman if he has wouldnt even do it when the gen-
highest sacrifice. knowledge as to why this bill shouldnt tleman was alive, and now hes de-
They are true shrines to Americans be brought to the floor and given the ceased, and he still wont even give this
who came to lands that they had never same honor to which youre giving here individual the recognition. Yet the
seen, to fight for a people that they with regard to this bill. Senate bill, in a bipartisan fashion,
had never met. They fought for no I yield to the chairman.
lays upon this desk.
bounty of their own and left freedom in Mr. FILNER. Mr. Speaker, this is not
I am very disappointed, and I dont
their footsteps. a germane issue, and I will stick to
know what its going to take to get you
Normandy, the American cemetery, dealing with the bills on the floor.
Mr. BUYER. So the chairman would to move this bill and give the recogni-
is probably the most famous of our Na- tion. The Governor supports it. The
tions overseas cemeteries. It is the raise an issue of germaneness rather
than addressing the issue of how we two Senators support it. The Members
final resting place of more than 10,000 of Congress from New Mexico support
Americans who died in one of the honor the men and women who serve
this country. That is disappointing. it. All the veterans service organiza-
greatest and most decisive battles of tions support the bill, and I support
the epic struggle against tyranny in This is a Medal of Honor winner from
the Korean War in which we tried to this bill.
World War II. This year the Commis- And if you know of a particular rea-
sion will open a new visitors center to seek to give recognition, just like
were doing in this bill, in how we son as to why this Medal of Honor win-
help communicate the story of this site ner, Mr. Murphy, should not receive
to those who fought and died over its honor our Nations sacred fallen. This
is an individual of whom is so respected this recognition by having the veterans
length and breadth in time.
in New Mexico the entire delegation hospital named in his honor, please let
I had the opportunity to deliver the
supports it. It passed by unanimous all of us know, because if youre block-
Memorial Day address, along with my
friend HENRY BROWN of South Carolina, consent in the Senate. The Senate bill ing this for political motive, now were
at Normandy as I stood there on the lies upon this desk, but the chairman upset.
of the Veterans Affairs Committee Mr. LAMBORN. Mr. Speaker, on be-
cliffs at Omaha Beach in 2005, an expe-
wont bring it to the floor, and I dont half of H. Res. 392, I have nothing more
rience that I will never forget.
When I visited the Luxembourg cem- understand. to add except I do want to thank the
etery last year, I was in awe of the I will now yield back to the gen- chairman and I want to thank the
beauty of the white stone chapel tleman for a better explanation, rather ranking member for their words on be-
flanked by two very large stone pylons than germaneness, as to why you will half of H. Res. 392, and I urge its adop-
as the centerpiece of this cemetery in not honor this veteran that the entire tion by the entire House. I yield back
which then-General Patton lies in rest delegation of New Mexico supports. the balance of my time.
The SPEAKER pro tempore (Mr. GENERAL LEAVE
before his men. These pylons have
ROSS). Does the gentleman from Indi- Mr. FILNER. Mr. Speaker, I ask
maps and inscriptions telling the
ana yield back the balance of his time? unanimous consent that all Members
achievements of the U.S. Armed Forces Mr. BUYER. No, the gentleman from
in the region. Inscribed here are the 371 have 5 legislative days in which to re-
Indiana yields to the chairman of the vise and extend their remarks and in-
names of missing who gave their lives House Veterans Affairs Committee.
near this site but whose remains were clude extraneous material on H. Res.
PARLIAMENTARY INQUIRY
not recovered or identified. 392.
The Luxembourg cemetery is also the Mr. FILNER. Mr. Speaker, par- The SPEAKER pro tempore. Is there
final resting place for some 5,000 GIs liamentary inquiry. objection to the request of the gen-
Does the yieldee have to make time
who repulsed Hitlers final offensive in tleman from California?
for an extraneous comment from the There was no objection.
the Battle of the Bulge, including sev-
yielder? Mr. FILNER. Mr. Speaker, I urge my
eral members of the famous Band of The SPEAKER pro tempore. Does the
Brothers, deposed in Steve Ambroses colleagues to join Mr. LAMBORN and me
gentleman from Indiana yield for a
book. to unanimously support H. Res. 392. I
parliamentary inquiry?
I think if you visited any of these Mr. BUYER. I absolutely yield for a have no further requests for time, and
cemeteries all over the world you cant parliamentary inquiry. I yield back my time.
help but walk away with the same feel- The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The
ing that I have, a strong sense of hu- tleman from California will state his question is on the motion offered by
mility and very humbled that these in- parliamentary inquiry. the gentleman from California (Mr.
dividuals gave everything in the name Mr. FILNER. Is the yieldee required FILNER) that the House suspend the
of freedom and in the name of liberty. to give time to the yielder for a matter rules and agree to the resolution, H.
I just encourage everyone so when that has nothing to do with the matter Res. 392.
you go overseas and youre on a trip, or under discussion? The question was taken; and (two-
you go to Paris, pause for a moment The SPEAKER pro tempore. Mem- thirds being in the affirmative) the
and go visit one of our cemeteries on bers may yield to one another during rules were suspended and the resolu-
foreign land. debate, but remarks must be confined tion was agreed to.
And Im pleased that after World War to the question under debate. A motion to reconsider was laid on
II we now make every effort to bring Mr. FILNER. So are they through the table.
these bodies back to our own country. with their time? Have they yielded f
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So from Korea and Vietnam and the back the balance of their time?
first Gulf War, second Gulf War, we try The SPEAKER pro tempore. The gen- VETERANS OUTREACH
everything we can to bring these bodies tleman from Indiana has the floor. IMPROVEMENT ACT OF 2007
back. Mr. BUYER. I will reclaim my time Mr. FILNER. Mr. Speaker, I move to
And speaking of Korea, now that the since the gentleman now is not speak- suspend the rules and pass the bill
chairman is here on the floor, I would ing of a parliamentary inquiry. (H.R. 67) to amend title 38, United

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5657
States Code, to improve the outreach come measures developed by the Secretary (C) In the case of a State in which no
activities of the Department of Vet- under subsection (d)(4). State or county veterans agency seeks to re-
(d) GRANTS.(1) The Secretary may make ceive a grant under this subsection, the
erans Affairs, and for other purposes,
a grant to a State or county veterans agency funds that would otherwise be allocated for
as amended. to be used to carry out, coordinate, improve, that State shall be reallocated to those
The Clerk read the title of the bill. or otherwise enhance States in which county veterans agencies
The text of the bill is as follows: (A) outreach activities, including activi- exist and have sought grants under this sub-
H.R. 67 ties carried out pursuant to a contract en- section.
Be it enacted by the Senate and House of Rep- tered into under subsection (c); and (9) A grant under this subsection may be
(B) activities to assist in the development used to provide education and training, in-
resentatives of the United States of America in
and submittal of claims for veterans and vet- cluding on-the-job training, for State, coun-
Congress assembled,
erans-related benefits, including activities ty, and local government employees who pro-
SECTION 1. SHORT TITLE.
carried out pursuant to a contract entered vide (or when trained will provide) veterans
This Act may be cited as the Veterans into under subsection (c).
Outreach Improvement Act of 2007. outreach services in order for those employ-
(2) A State veterans agency that receives
SEC. 2. IMPROVEMENT OF OUTREACH ACTIVI-
ees to obtain accreditation in accordance
a grant under this subsection may award all
TIES WITHIN DEPARTMENT OF VET- with procedures approved by the Secretary
or a portion of the grant to county veterans
ERANS AFFAIRS. and, for employees so accredited, for pur-
agencies within the State to provide out-
(a) IN GENERAL.Chapter 5 of title 38, poses of continuing education.
reach services for veterans, on the basis of
United States Code, is amended by adding at (e) DEFINITIONS.For the purposes of this
the number of veterans residing in the juris-
the end the following new subchapter: section:
diction of each county.
(1) The term State veterans agency
SUBCHAPTER IVOUTREACH (3) To be eligible for a grant under this
means the element of the government of a
ACTIVITIES subsection, a State or county veterans agen-
cy shall submit to the Secretary an applica- State that has responsibility for programs
561. Outreach activities: coordination of ac- and activities of that State government re-
tivities within the Department tion containing such information and assur-
ances as the Secretary may require. The Sec- lating to veterans benefits.
(a) COORDINATION PROCEDURES.The Sec- retary shall require a State or county vet- (2) The term county veterans agency
retary shall establish and maintain proce- erans agency to include, as part of the agen- means the element of the government of a
dures for ensuring the effective coordination cys application county or municipality that has responsi-
of the outreach activities of the Department (A) a three-year plan for the use of the bility for programs and activities of that
between and among the following: grant; and county or municipal government relating to
(1) The Office of the Secretary. (B) a description of the programs through veterans benefits.
(2) The Office of Public Affairs. which the agency will meet the annual out- 563. Outreach activities: funding
(3) The Veterans Health Administration. come measures developed by the Secretary (a) SEPARATE ACCOUNT.Amounts for the
(4) The Veterans Benefits Administration. under paragraph (4). outreach activities of the Department under
(5) The National Cemetery Administra- (4)(A) The Secretary shall develop and this subchapter shall be budgeted and appro-
tion. provide to the recipient of a grant under this priated through a separate appropriation ac-
(b) ANNUAL REVIEW OF PROCEDURES.The subsection written guidance on annual out- count.
Secretary shall come measures, Department policies, and (b) SEPARATE STATEMENT OF AMOUNT.In
(1) annually review the procedures in ef- procedures for applying for grants under this the budget justification materials submitted
fect under subsection (a) for the purpose of section. to Congress in support of the Department
ensuring that those procedures meet the re- (B) The Secretary shall annually review budget for any fiscal year (as submitted with
quirements of that subsection; and the performance of each State or county vet- the budget of the President under section
(2) make such modifications to those pro- erans agency that receives a grant under this 1105(a) of title 31), the Secretary shall in-
cedures as the Secretary considers appro- section. clude a separate statement of the amount re-
priate in light of such review in order to bet- (C) In the case of a State or county vet- quested to be appropriated for that fiscal
ter achieve that purpose. erans agency that is a recipient of a grant year for the account specified in subsection
562. Outreach activities: cooperative activi- under this subsection that does not meet the (a).
ties with States; grants to States for im- annual outcome measures developed by the
Secretary, the Secretary shall require the 564. Definition of outreach
provement of outreach
agency to submit a remediation plan under For purposes of this subchapter, the term
(a) PURPOSE.It is the purpose of this outreach means the act or process of taking
which the agency shall describe how and
section to provide for assistance by the Sec- steps in a systematic manner to provide in-
when it plans to meet such outcome meas-
retary to State and county veterans agencies formation, services, and benefits counseling
ures. The Secretary must approve such plan
to carry out programs in locations within to veterans, and the survivors of veterans,
before the Secretary may make a subsequent
the respective jurisdictions of such agencies who may be eligible to receive benefits under
grant to that agency under this subsection.
that offer a high probability of improving (5) No portion of any grant awarded under the laws administered by the Secretary to
outreach and assistance to veterans, and to this subsection may be used for the purposes ensure that those individuals are fully in-
the spouses, children, and parents of vet- of administering the grant funds or to sub- formed about, and assisted in applying for,
erans, to ensure that such individuals are sidize the salaries of State or county vet- any benefits and programs under such laws
fully informed about, and assisted in apply- erans service officers or other employees of a for which they may be eligible.
ing for, any veterans and veterans-related State or county veterans agency that re- 565. Authorization of appropriations
benefits and programs (including State vet- ceives a grant under this subsection.
erans programs) for which they may be eli- There is authorized to be appropriated to
(6) Federal funds provided to a State or
gible. the Secretary for each of fiscal years 2008,
county veterans agency under this sub-
(b) PRIORITY FOR AREAS WITH HIGH CON- 2009, and 2010, $25,000,000 to carry out this
section may not be used to provide more
CENTRATION OF ELIGIBLE INDIVIDUALS.In subchapter, including making grants under
than 50 percent of the total cost of the State
providing assistance under this section, the section 562(d) of this title..
or county government activities described in
Secretary shall give priority to State and (b) CLERICAL AMENDMENT.The table of
paragraph (1) and shall be used to expand ex-
county veteran agencies in locations sections at the beginning of such chapter is
isting outreach programs and services and
(1) that have relatively large concentra- amended by adding at the end the following
not to supplant State and local funding that
tions of populations of veterans and other in- new items:
is otherwise available.
dividuals referred to in subsection (a); or (7) In awarding grants under this sub- SUBCHAPTER IVOUTREACH ACTIVITIES
(2) that are experiencing growth in the section, the Secretary shall give priority to 561. Outreach activities: coordination of ac-
population of veterans and other individuals State and county veterans agencies that tivities within the Department.
referred to in subsection (a). serve the largest populations of veterans. 562. Outreach activities: cooperative activi-
(c) CONTRACTS FOR OUTREACH SERVICES. (8)(A) In a case in which a county govern- ties with States; grants to
The Secretary may enter into a contract ment does not have a county veterans agen- States for improvement of out-
with a State or county veterans agency in cy, the county government may be awarded reach.
order to carry out, coordinate, improve, or a grant under this subsection to establish 563. Outreach activities: funding.
otherwise enhance outreach by the Depart- such an agency. 564. Definition of outreach.
ment and the State or county (including out- (B) In a case in which a county govern- 565. Authorization of appropriations..
reach with respect to a State or county vet- ment does not have a county veterans agen- (c) DEADLINE FOR IMPLEMENTATION.The
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erans program). As a condition of entering cy and does not seek to establish such an Secretary of Veterans Affairs shall imple-
into any such contract, the Secretary shall agency through the use of a grant under this ment the outreach activities required under
require the agency to submit annually to the subsection, the State veterans agency for the subchapter IV of chapter 5 of title 38, United
Secretary a three-year plan for the use of State in which the county is located may use States Code, as added by subsection (a), by
any funds provided to the agency pursuant to a grant under this section to provide out- not later than 120 days after the date of the
the contract and to meet the annual out- reach services for that county. enactment of this Act.

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H5658 CONGRESSIONAL RECORD HOUSE May 23, 2007
The SPEAKER pro tempore. Pursu- Mr. BUYER. Mr. Speaker, I yield my- support, as well as Mr. HALL, the chair-
ant to the rule, the gentleman from self such time as I may consume. man of the subcommittee, and the gen-
California (Mr. FILNER) and the gen- I rise in strong support of H.R. 67, the tleman who just spoke, Mr. LAMBORN,
tleman from Indiana (Mr. BUYER) each Veterans Outreach Improvement Act. I the ranking member of the sub-
will control 20 minutes. thank my colleagues, Mr. MCINTYRE committee.
The Chair recognizes the gentleman and Mr. FILNER, for bringing the legis- This truly has been a bipartisan ef-
from California. lation to the floor. fort. H.R. 67 will help our veterans cut
Mr. FILNER. Mr. Speaker, I yield to H.R. 67 requires Secretary Nicholson through the bureaucratic red tape. You
myself such time as I may consume. to coordinate and implement a plan know, as we approach Memorial Day
This bill comes to us from the gen- throughout the VA to help provide vet- this coming weekend, there can be no
tleman from North Carolina (Mr. MCIN- erans with outreach so that they are greater tribute that we pay to our vet-
TYRE), and we thank him for his leader- aware of potential benefits and under- erans than ensuring that they receive
ship on veterans outreach. stand how to apply for them. the benefits that they need and de-
If I had to sum up this bill in one The bill also authorizes a matching serve.
phrase, I would say that it allows local fund grants program for State and H.R. 67 would allow the VA to part-
organizations to provide more bang for local governments to provide such out- ner with State and local governments
the buck by having greater resources reach. to reach out to veterans and their fam-
at the local level. Id also like to thank my colleague, ilies, to ensure that they receive the
This bill requires the VA to partner Mr. LAMBORN from Colorado, for his benefits for which they are eligible,
with State and local governments, amendment to this legislation with re- and assisting them in completing their
through grant opportunities, to reach porting and grant requirements to benefits claims. The Veterans Outreach
out to veterans and their families to strengthen accountability for admis- Improvement Act would require the
ensure receipt of benefit for which they sion. Secretary of the VA to establish and
are eligible and assist them in com- Mr. Speaker, I yield 2 minutes to the annually review a plan to coordinate
pleting their benefits claims. gentleman from Colorado (Mr.
As we have seen from recent news re- outreach activities within the Depart-
LAMBORN). ment so that local veterans service of-
ports all over the country, we still Mr. LAMBORN. Mr. Speaker, I rise in
have veterans slipping through the ficers can better serve our veterans.
strong support of H.R. 67, the Veterans Unfortunately, many veterans, their
cracks of this system. They are either Outreach Improvement Act of 2007.
unaware of their veterans benefits or spouses, or, in some cases, their sur-
I would like to thank my friend and viving spouses, are unaware of the ben-
are having difficulty getting those ben- colleague, Mr. HALL of New York,
efits processed. efits to which they are entitled
chairman of the committees Disability through the VA. In fact, according to a
This bill establishes a grant program Assistance and Memorial Affairs Sub-
for the VA to provide to States out- Knight-Ridder report, as many as 2
committee, of which I am ranking million poor veterans or their widows
reach activities, cooperative relation- member, for his leadership on this bill.
ships and benefit claims development. may not be receiving up to $22 billion
I would also like to thank Mr. MCIN- annually in pensions to which they are
The grant program allows State vet- TYRE, the sponsor of this legislation,
erans agencies to award a portion of entitled. Other estimates suggest that
and both Ranking Member BUYER and only 30 percent of our veterans receive
the grants to local governments for Chairman FILNER for their support.
outreach purposes. the benefits for which they are eligible.
One of the persistent challenges we Under this bill, the Secretary of the
In addition, the grant allows funding face in providing benefits to deserving
for education and training of State and VA would establish a grant program to
veterans is communicating to them fund outreach at the State and local
local government employees for ac- and their families the existence of ben-
creditation to provide outreach serv- levels with accompanying performance
efits they may have earned. This bill is measures to ensure that the Federal
ices. It may also be used to establish a a solid example of good federalism. It
local government veterans service pro- funds are effectively promoting out-
funds outreach by State and local gov- reach. This bill would authorize $25
gram. ernments, which have proven to be ca-
The bill prohibits any portion of the million annually in fiscal years 2008,
pable incubators for effective public 2009, and 2010 to fund this grant pro-
grant to be used by the State for ad- policy.
ministrative purposes and requires the gram. That is $1 for each veteran in
This legislation also sends VA a sig-
VA to allocate grants based on veteran America, just $1 to make sure that we
nal that Congress expects strong and
populations. are reaching out to these brave men
effective outreach to our veterans.
The bill limits grant use by States to Im also pleased that Chairman HALL and women who fought for our country
less than 50 percent of the cost of State and I were able to work together to im- to know about the benefits they have
and local government outreach activi- prove an already good bill with an earned and have assistance in applying
ties and prohibits grant funds from amendment that would improve VAs for them. It would be $25 million well
supplanting State and local funds for accountability for the taxpayer dollars spent, well directed. Its the least that
such activities. allocated under this authorization. we can do for those who have put their
H.R. 67 authorizes $25 million annu- This amendment would require any lives on the line for our country to
ally, in fact $1 per veteran in our Na- State or county veterans agency apply- make sure they know, understand and,
tion, to improve outreach to veterans ing for funds to submit a plan for their in fact, receive the benefits for which
and remove some of the significant ob- use to the VA Secretary and for the they are eligible.
stacles veterans must overcome to ac- Secretary to review their performance By providing these vital resources to
cess their benefits. This is particularly annually. veterans service offices at the State
true in rural areas, which Mr. MCIN- I urge my colleagues to support this and Federal level, we will indeed get
TYRE represents. The bill also contains important legislation. more bang for our buck to locate vet-
performance measures to ensure that erans and assist them in receiving the
grant recipients are properly fulfilling b 1500 benefits they deserve.
the requirements of the program. Mr. FILNER. Mr. Speaker, I yield to This legislation is supported by the
The bill is supported by the Amer- the author of the legislation, Mr. MCIN- American Legion, Veterans of Foreign
ican Legion, Military Officers Associa- TYRE, such time as he may consume. Wars, Paralyzed Veterans of America,
tion, Veterans of Foreign Wars, Para- Mr. MCINTYRE. Mr. Speaker, I am Iraq and Afghanistan Veterans of
lyzed Veterans of America, National honored to rise today in strong support America, the Military Officers Associa-
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County Veteran Service Officers, Na- of H.R. 67, the Veterans Outreach Im- tion of America, the National Associa-
tional Organization of Veterans Advo- provement Act of 2007, a bill which I tion of Veterans Advocates and the
cates, and Iraq and Afghanistan Vet- filed on the first day of this 110th Con- National Association of County Vet-
erans of America. gress back in January. erans Service Officers.
Mr. Speaker, I reserve the balance of I want to thank Chairman FILNER My special thanks to Ms. Ann
my time. and Ranking Member BUYER for their Knowles of Sampson County, North

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5659
Carolina, who has worked with us on force occupying commanding ground, life, and we think of them. Here is a
this important bill in her role as na- Second Lieutenant Murphy steadfastly gentleman, Mr. MCINTYRE, I know ex-
tional president of the County Vet- refused medical aid and continued to actly this is the type of person you are
erans Service Officers. lead his men up a hill through a with- thinking about, who dedicated them-
As Memorial Day approaches, its im- ering barrage of hostile mortar and selves to outreach.
portant that we demonstrate to this small-arms fire, skillfully maneuvering So I ask you to talk to the chairman,
Nations veterans our commitment to his force from one position to the next because he is the sole impediment as to
provide them the benefits that they and shouting words of encouragement. why the House and the Senate do not
need and deserve. By passing the Vet- Undeterred by increasing intense honor this gentleman.
erans Outreach Improvement Act, we enemy fire, he immediately located Mr. Speaker, I yield back the balance
will do just that. casualties as they fell and made sev- of my time.
Mr. BUYER. Mr. Speaker, I yield to eral trips up and down the fire-swept GENERAL LEAVE
myself such time as I may consume. hill to direct evacuation teams for the Mr. FILNER. Mr. Speaker, I ask
I would ask the Chair how much time wounded, personally carrying many of unanimous consent that all Members
I have. the stricken marines to safety. may have 5 legislative days in which to
The SPEAKER pro tempore. The gen- When reinforcements were needed by revise and extend their remarks and in-
tleman from Indiana has 18 minutes re- the assaulting elements, Second Lieu- clude extraneous material on H.R. 67,
maining. tenant Murphy employed part of his as amended.
Mr. BUYER. Mr. Speaker, I want to unit as support, and, during the ensu- The SPEAKER pro tempore. Is there
thank the gentleman for bringing this ing battle, he killed two of the enemy objection to the request of the gen-
bill to the Veterans Affairs Committee with his pistol. tleman from California?
and for his interest in outreach. With all the wounded evacuated and There was no objection.
In the bill previous to this one, I the assaulting units beginning to dis- Mr. FILNER. Mr. Speaker, I urge all
brought up an issue with regard to how engage, he remained behind with a car- my colleagues to unanimously support
we give proper recognition to a Medal bine to cover the movement of the this bill.
of Honor recipient, Jerry Murphy of Mr. ENGEL. Mr. Speaker, I rise today in
friendly forces off the hill, and,
New Mexico. Jerry Murphy, in his ten- support of six excellent pieces of legislation
through the suffering of intense pain
ure at the Department of Veterans Af- that would benefit our Nations veterans.
from his previous wounds, seized an Unfortunately, due to a family medical emer-
fairs, even after he retired, was a automatic rifle to provide more fire- gency, I am unable to be present and vote for
champion of veterans outreach. Like power when the enemy reappeared in these bills today. However, had I been here to
many of my comrades, when they come the trenches. vote, each of the six bills would have had my
back from war, they have seen a lot of After reaching the base of the hill, he full support.
things, far worse than what I have ever organized a search party again to as- As we approach Memorial Day, it is impor-
seen. They call themselves generally, cend the slope for a final check on tant to honor our Nations servicemen and
Mr. MCINTYRE, the lucky ones, because missing marines. Locating and car- servicewomen. We would not be a free Nation
one of their friends or buddies is in rying the bodies of a marine gun crew without the sacrifices that each and every one
worse shape than what they are; they back down the hill, he was wounded a has made. These six important pieces of legis-
dedicate their lives to them. second time while conducting the en- lation are an excellent way to repay some of
Thats exactly what Jerry Murphy tire force to the line of departure the debt that we owe all of our soldiers, sail-
did in his tenure, not only serving the through a continuing barrage of enemy ors, airmen, marines and merchant marines.
Department of Veterans Affairs, but, in small arms, artillery, mortar fire. I support each of these bills, and I urge all
addition, he was the director of the He also, once again, refused medical of my colleagues to honor our veterans by
Veterans Services Division of the Albu- assistance until assured that every one supporting these bills as well.
querque, New Mexico, regional VA of- of his men, including all casualties, Ms. BORDALLO. Mr. Speaker, I rise today
fice from 1974 to 1997. This individual, had preceded him to the main line. His in support of H.R. 67, the Veterans Outreach
dedicated his life and received not only resolute, inspiring leadership, excep- Improvement Act of 2007. This bill directs the
the Medal of Honor, he also received tional fortitude and great personal Secretary of Veterans Affairs to establish,
the Silver Star. valor reflect the highest credit upon maintain, and modify as necessary procedures
What I would like to do, so America Second Lieutenant Raymond Murphy, for ensuring the effective coordination of out-
can reach out and touch and under- and he enhanced the finest traditions reach activities of the Department of Veterans
stand the type of individual who would of the United States Naval Service. Affairs, the Office of the Secretary, the Office
dedicate his life to the service of his This was the citation he received, of Public Affairs, the Veterans Health Adminis-
comrades, and he would push them in a was given to him when he received the tration, the Veterans Benefits Administration,
wheelchair, take them to an appoint- Medal of Honor. This is the same indi- and the National Cemetery Administration.
ment in that hospital. The individual vidual whereby the three members of The bill would also direct the Secretary of Vet-
he was pushing, they had no idea that the New Mexico delegation, led by erans Affairs to ensure that state, territorial
they were being pushed by a Medal of HEATHER WILSON, have brought a bill, and local outreach assistance is provided in
Honor recipient. H.R. 474, to the floor about the VA locations that have relatively large concentra-
This individual, Raymond G. Mur- Medical Center in Albuquerque, New tions of veterans or are experiencing growth in
phy, was a second lieutenant in the Mexico, where he worked. As a matter veteran populations. Additionally, this bill
United States Marines Reserve, Com- of fact, he was always the humble serv- would authorize the Secretary to make grants
pany A, 1st Battalion, 5th Marines, 1st ant. Even after his retirement, as I to state veterans agencies for state and local
Marine Division, and 3 February of 1953 said, he became a volunteer. outreach services. This legislation is supported
was an important date, because on that This brave marine, who earned the by the Veterans of Foreign Wars, Paralyzed
date, for his conspicuous gallantry, and Medal of Honor, chose to be buried Veterans of America, Military Officers Associa-
the risk of his life above and beyond wearing his VA hospital volunteer tion of America, and Iraq and Afghanistan Vet-
the call of duty as a platoon com- smock. This is the type of individual of erans of America. It represents another step in
mander of Company A, and actions whom, at a moment like this, as we go our effort to fulfill our promises in the GI Bill
against an enemy aggressor force, he into Memorial Day, we think of these of Rights for the 21st Century.
rose up and distinguished himself. individuals, not only what they have It is a important that we act in manner that
The citation that he received when done, not only at the moment of call- will help ensure that our government sponsors
he was given the Congressional Medal ing, it was most difficult during war, quality programs and provides quality services
of Honor stated that although pain- to our veterans. It is also important that we act
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but then how did they dedicate their


fully wounded by fragments of an life. in a manner that will help ensure, to the extent
enemy mortar shell while leading his Memorial Day, yes, its that day, but possible, that our veterans are able to take full
evacuation platoon in support of as- its also a day whereby, not those who advantage of the programs and services of-
sault units attacking a cleverly con- just died in service to country, but fered by Department of Veterans Affairs facili-
cealed and well-entrenched hostile what do they do later on with their ties across the country. To achieve these

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H5660 CONGRESSIONAL RECORD HOUSE May 23, 2007
goals we must, among other things, improve rules and pass the bill, H.R. 67, as tion and five-year capital plan for fiscal year
the outreach capabilities and capacities of the amended. 2008.
(f) SOUTHERN COLORADO REGION DEFINED.
Department of Veterans Affairs while also im- The question was taken.
In this Act, the term southern Colorado re-
proving its coordination with state, territorial The SPEAKER pro tempore. In the gion means the geographic region con-
and local authorities. This will help greatly in opinion of the Chair, two-thirds being sisting of the following Colorado counties:
our ongoing efforts to disseminate information in the affirmative, the ayes have it. (1) El Paso.
regarding veterans programs and services and Mr. FILNER. Mr. Speaker, on that I (2) Pueblo.
also help improve the quality of claims for demand the yeas and nays. (3) Teller.
benefits submitted by our veterans. The yeas and nays were ordered. (4) Fremont.
I remain committed to facilitating commu- The SPEAKER pro tempore. Pursu- (5) Las Animas.
ant to clause 8 of rule XX and the (6) Huerfano.
nication between federal authorities, veteran
(7) Custer.
service organizations, and veterans on Guam. Chairs prior announcement, further
(8) Costilla.
We have achieved some success in this re- proceedings on this question will be (9) Alamosa.
gard. But more must be done. I am routinely postponed. (10) Saguache.
informed by federal officials that the quality of f (11) Conejos.
claims received from Guam veterans, in par- ESTABLISHMENT OF NATIONAL
(12) Mineral.
ticular, needs to be improved. Efforts to im- (13) Archuleta.
CEMETERY IN SOUTHERN COLO- (14) Hinsdale.
prove and enhance outreach, communication, RADO REGION (15) Gunnison.
and information sharing between federal and
Mr. FILNER. Mr. Speaker, I move to (16) Pitkin.
local officials and veterans embodied in this (17) La Plata.
bill will help the situation on Guam. But I also suspend the rules and pass the bill
(18) Montezuma.
want to take this opportunity to again urge the (H.R. 1660) to direct the Secretary of (19) San Juan.
veterans service organizations and veterans Veterans Affairs to establish a national (20) Ouray.
themselves to be vigorous and proactive in cemetery for veterans in the southern (21) San Miguel.
seeking out information and training on vet- Colorado region, as amended. (22) Dolores.
erans programs and benefit claims submis- The Clerk read the title of the bill. (23) Montrose.
The text of the bill is as follows: (24) Delta.
sions. Many veterans already are, and in
H.R. 1660 (25) Mesa.
many ways, we are witnesses to veterans (26) Crowley.
helping veterans. Continued information shar- Be it enacted by the Senate and House of Rep-
(27) Kiowa.
ing and collaboration among and within the resentatives of the United States of America in
(28) Bent.
greater veterans community across the coun- Congress assembled,
(29) Baca.
SECTION 1. ESTABLISHMENT OF NATIONAL CEM-
try will continue to result in stronger programs ETERY IN SOUTHERN COLORADO The SPEAKER pro tempore. Pursu-
and services for them. REGION. ant to the rule, the gentleman from
This legislation is timely and important. On (a) IN GENERAL.The Secretary of Vet- California (Mr. FILNER) and the gen-
Guam, indeed across the country, our popu- erans Affairs shall establish, in accordance tleman from Colorado (Mr. LAMBORN)
lation of veterans grows each month. We have with chapter 24 of title 38, United States each will control 20 minutes.
a moral obligation to serve, in the best way Code, a national cemetery in El Paso Coun- The Chair recognizes the gentleman
possible, those who have served to protect us ty, Colorado, to serve the needs of veterans from California.
and to defend our freedom and liberty. Sup- and their families in the southern Colorado Mr. FILNER. Mr. Speaker, I yield
region.
port for this legislation is one way to help fulfill (b) CONSULTATION IN SELECTION OF SITE. myself such time as I may consume.
that obligation. I urge my colleagues to join Before selecting the site for the national I am pleased to bring to the floor a
me in supporting H.R. 67. cemetery established under subsection (a), bipartisan bill authored by Congress-
Mr. REICHERT. Mr. Speaker, as a former the Secretary shall consult with man SALAZAR of Colorado with Con-
member of the Air Force Reserve, I am (1) appropriate officials of the State of Col- gressman LAMBORN of Colorado. It es-
pleased to rise in support of this important vet- orado and local officials in the southern Col- tablishes a veterans cemetery in El
erans outreach measure. We must continue to orado region; and Paso County, Colorado.
ensure that all of our veterans are aware of (2) appropriate officials of the United Southern Colorado, which includes El
States, including the Administrator of Gen- Paso, Colorado, and the city of Colo-
and receive the benefits that they have earned
eral Services, with respect to land belonging
and deserve. These grants will help our states rado Springs, has the second highest
to the United States in El Paso County, Col-
connect veterans with the many benefits for orado, that would be suitable to establish concentration of veterans living in the
which they are eligible but may be unaware the national cemetery under subsection (a). United States. Currently those vet-
are available to them. (c) AUTHORITY TO ACCEPT DONATION OF PAR- erans and their families who wish ei-
But it is not just our states responsibility to CEL OF LAND. ther to visit a veterans cemetery or
conduct this outreach, and I encourage all of (1) IN GENERAL.The Secretary of Veterans have their loved ones interred must
my colleagues in the House to use the privi- Affairs may accept on behalf of the United travel into the Denver metropolitan
lege of our offices to help veterans obtain States the gift of an appropriate parcel of area to Fort Logan National Cemetery.
real property. The Secretary shall have ad- Not only is this an undue burden, but
needed benefits and services. In March, I held ministrative jurisdiction over such parcel of
a Veterans Resource Fair in my district. I real property, and shall use such parcel to
the Fort Logan cemetery is running
brought 45 service providers together under establish the national cemetery under sub- out of room. To alleviate this problem,
one roof to help more than 350 veterans reg- section (a). H.R. 1660 directs the Secretary of Vet-
ister for benefits, find jobs, and resolve press- (2) INCOME TAX TREATMENT OF GIFT.For erans Affairs to establish a national
ing case work issues. I will hold another in just purposes of Federal income, estate, and gift cemetery for veterans in El Paso Coun-
a few months time. My office stands ready to taxes, the real property accepted under para- ty, Colorado. This was a fitting tribute
assist any one of you in conducting a similar graph (1) shall be considered as a gift to the to those Americans who have served
United States. our Nation with honor. The veterans
event for the veterans in your district. (d) REPORT.As soon as practicable after
We must work to support the men and the date of the enactment of this Act, the national cemeteries of the United
women who made individual sacrifices to pre- Secretary shall submit to Congress a report States demonstrate the desire of a
serve our freedom not just on Memorial Day, on the establishment of the national ceme- grateful Nation to appropriately com-
but on all days. I urge my colleagues to pass tery under subsection (a). The report shall memorate those who have served in the
this bill, and I hope that we will continue to set forth a schedule for such establishment Armed Forces.
join together to promote and protect meaning- and an estimate of the costs associated with Since 1862, close to 3 million burials
ful benefits for our veterans. I yield back. such establishment. have been made in the VA national
(e) RELATIONSHIP TO CONSTRUCTION AND cemeteries. The National Cemetery Ad-
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Mr. FILNER. Mr. Speaker, I yield


FIVE YEAR CAPITAL PLAN.The requirement
back the balance of my time. ministration of the Department of Vet-
to establish a national cemetery under sub-
The SPEAKER pro tempore. The section (a) shall be added to the current list erans Affairs manages 125 of these
question is on the motion offered by of priority projects, but should not take pri- cemeteries nationwide for our vet-
the gentleman from California (Mr. ority over existing projects listed on the Na- erans. Of these, 58 of them are no
FILNER) that the House suspend the tional Cemetery Administrations construc- longer accepting interments. Thus, the

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5661
need to build new cemeteries is quite Mr. Speaker, I am proud to bring for- takes a little bit of time before we can
urgent. ward this legislation directing the Sec- get things moving on the floor, but cer-
As we lose more and more of our retary of Veterans Affairs to establish tainly he is not forgotten.
greatest generation of veterans and a national cemetery for veterans and Mr. LAMBORN. Mr. Speaker, I want
face the increasing prospects of addi- their families in the Southern Colorado to thank the gentleman from Colorado
tional fatalities of Iraq, this country, region. I would like to thank Mr. for his good work, for his words just
at the very least, needs to ensure that LAMBORN from Colorado who, together, now, and I wholeheartedly support him
veterans are provided a dignified, ac- we have worked in a bipartisan effort and his work on this bill. We have
cessible and well-maintained final rest- and the bipartisan spirit of the Vet- worked together in a bipartisan spirit,
ing spot. This bill would go a long way erans Affairs Committee trying to and I thank him for that.
in making that happen. make sure that the issue is resolved. Mr. Speaker, I yield to the ranking
It is supported by the Military Order As you know, Fort Logan is the only member from Indiana (Mr. BUYER) such
of the Purple Heart, American Legion, cemetery that we have in Colorado time as he may consume.
Veterans of Foreign Wars, Disabled that will accept veterans, and it is due Mr. BUYER. Mr. Speaker, this bill
American Veterans and Paralyzed Vet- to be filled. It is strange to say, but it would authorize the VA Secretary to
erans of America. has got a life expectancy of 10 years. I build a national cemetery in Southern
I was proud to see the bipartisan ap- think it is important that we begin Colorado.
proach taken by two members of our working on this issue right now. I Providing our veterans with a place
committee, Mr. SALAZAR and Mr. would like to especially thank Chair- of honor of repose is one of the most
LAMBORN, to make sure that this bill man FILNER for allowing us to bring sacred missions of the veterans com-
got through the committee. They both this forward. mittee, and we have accorded this mis-
worked cooperatively and tirelessly to The National Cemeteries of the sion our support over the years.
get this bill to the floor today. United States offer testimony to the The National Cemetery Administra-
Mr. Speaker, I reserve the balance of desire of a grateful Nation to com- tions record of satisfaction among the
my time. memorate the Americans who have families and its beneficiaries is the
Mr. LAMBORN. Mr. Speaker, I rise in served our Nation in the Armed Forces. envy of the Federal Government, a re-
support of H.R. 1660, and I yield myself Since 1862, more than 3 million bur- flection of the sound administration,
such time as I may consume. ials have been made in VA national the strong congressional support, free
I strongly support this bill. I would cemeteries. Of the 120 cemeteries, 58 of of political influence. Yet I have some
like to thank both Ranking Member them are no longer accepting burials, concerns about the bill.
BUYER and Chairman FILNER for their and many are out of reach and geo- The Department of Veterans Affairs
work on this bill. I would also like to graphically inconvenient for our vet- has a well-established and proven
thank Mr. HALL, chairman of the erans and their families. Southern Col- method that uses distance and demo-
DAMA subcommittee, and Mr. SALAZAR orado, including El Paso County and graphics to select cemetery sites. Con-
for their leadership on H.R. 1660 as the city of Colorado Springs, has one of gress has long deferred to that process,
well. the highest concentrations of veterans which is essentially free from this in-
This bill would authorize the Sec-
living in the United States. For that stitutions political pressures. Since
retary to build a national cemetery to
reason, Mr. Speaker, Congressman 1999, Congress has authorized 12 new
serve the needs of the veterans and
LAMBORN and myself worked together national cemeteries, all of which went
families in southern Colorado. As
in this bipartisan spirit to try to make through this process. In the absence of
amended by my own amendment, this
sure that for the veterans coming back political pressures, the Nation has ben-
bill would place the national cemetery
from this war, for the veterans that efited with a rational distribution of
in El Paso County, Colorado. El Paso
have served in Colorado, and for vet- cemeteries that serve veterans their
County is the largest county in Colo-
erans that want to be buried in Colo- families, and the Nation very well.
rado and is home to approximately This region of Colorado is not on any
rado in 10 years, that there will be ade-
100,000 veterans. Southern Colorado is of the VAs strategic plans for new
quate space for them to be buried in
home to more than 150,000 veterans, cemeteries in the next 20 years, nor
Colorado. Currently, those veterans,
and that population is expanding rap- was it identified by an independent 2002
their aging widows, and their families
idly. Logistics Management Institute study
With the establishment of this new must sometimes travel hours into the
highly congested area of Denver to that listed the areas with the greatest
national cemetery, families will have a
Fort Logan National Cemetery, which need for a national cemetery all the
much shorter and easier commute to
is quickly running out of room. way to the year 2030.
visit the final resting place of their
The Colorado congressional delega- Nonetheless, we have before us a bill
loved ones since they will no longer
tion has worked in a bipartisan manner to develop a cemetery in Southern Col-
need to travel to Fort Logan National
to create legislation that will benefit orado, which has not been identified as
Cemetery in Denver.
all veterans of this great State, and I a priority in any of these studies.
I understand that this cemetery is
would like to thank my good friends, Therefore, I ask the chairman of the
not included in the Department of Vet-
Mr. UDALL and Mr. PERLMUTTER of Col- House Veterans Affairs Committee if
erans Affairs 5-year plan, and I look
orado, for taking time to speak on this you have now, since having brought
forward to working with our commit-
important bill. I think a national cem- this bill to the floor, developed criteria
tees distinguished ranking member,
etery in Southern Colorado will serve with regard to the development of VA
chairman and other members of the
as a fitting tribute and a final resting national cemeteries whereby Members
committee to ensure that we serve the
place to those who have served our Na- will know what to follow when they
needs of all veterans and their families
tion with honor. file bills before your committee? I
as we develop these national shrines.
Mr. Speaker, I reserve the balance of I certainly urge a yes vote on H.R. yield to the gentleman.
my time. 1660. But before I yield back, I want to Mr. FILNER. Mr. Speaker, we have
remind the ranking member of the Vet- criteria, as the gentleman stated, in
b 1515 erans Affairs Committee that on his the VA; and, if the need requires, we
Mr. FILNER. Mr. Speaker, I yield to question on Jerry Murphy, Jerry Mur- will establish the criteria for Members
the coauthor of the bill, Mr. SALAZAR phy died on Good Friday. Jerry Murphy requests.
of Colorado, as much time as he may was born in Pueblo, Colorado. He at- Mr. BUYER. Reclaiming my time. I
consume. tended college at Adams State College would like to work with the chairman,
Mr. SALAZAR. Mr. Speaker, I thank because I believe in that answer we do
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in Durango and Western State College,


the gentleman for yielding. I thank the and it was a week after we came back not have the criteria at this moment,
chairman of the Veterans Affairs Com- that we gave a fitting tribute to Jerry and I think all the Members in this
mittee for his strong support of vet- Murphy on this House floor. body need to know what the criteria
erans, not only now, but during his ten- So he is remembered, Mr. Ranking would be with regard to placing a VA
ure in the U.S. Congress. Member, and I believe that the process national cemetery. We have given such

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H5662 CONGRESSIONAL RECORD HOUSE May 23, 2007
deference to the executive branch. And that our veterans have made and the sac- SEC. 2. EXTENSION OF PERIOD OF ELIGIBILITY
FOR HEALTH CARE FOR COMBAT
I know that both gentlemen from Colo- rifices that our men and women in uniform SERVICE IN THE PERSIAN GULF WAR
rado brought up the issue to us about continue to make today to protect our free- OR FUTURE HOSTILITIES.
rural areas in the country and felt dom. Subparagraph (C) of section 1710(e)(3) of
that, given the way that these studies And at a time when our country is divided title 38, United States Code, is amended to
were structured, that this VA cemetery over the war in Iraq, its even more important read as follows:
could never be built. So given that def- that we honor the service of those who have (C) in the case of care for a veteran de-
given their lives for this country and of the scribed in paragraph (1)(D) who
erence, the chairman was very respon-
(i) is discharged or released from the ac-
sive to you. many veterans still among us.
tive military, naval, or air service after the
We took up an amendment by Mr. Of course, it isnt enough just to remem- date that is five years before the date of the
STEARNS, which both of the gentlemen berwe must provide our troops and veterans enactment of the Returning Servicemember
from Colorado had agreed to, whereby with the care and support they have been VA Healthcare Insurance Act of 2007, after a
we did not want this to displace any of promised. And we must provide them with a period of five years beginning on the date of
the other present cemeteries in the resting place within or as close as possible to such discharge or release; or
present priority. their own communities. (ii) is so discharged or released more than
I respect the gentleman, and I want With a growing military retiree and veterans five years before the date of the enactment
population in southern Colorado and particu- of the Returning Servicemember VA
to work with the chairman on coming
Healthcare Insurance Act of 2007 and who did
up with criteria. larly El Paso Countyand with Denvers Fort
not enroll in the patient enrollment system
Mr. LAMBORN. Mr. Speaker, I yield Logan cemetery rapidly filling up its burial under section 1705 of this title before such
back the balance of my time. spacesit makes sense to provide for the fu- date, after a period of three years beginning
Mr. FILNER. Mr. Speaker, I yield to ture even as we ensure that southern Colo- on the date of the enactment of such Act;
another gentleman from Colorado (Mr. rados veterans receive the recognition they and.
PERLMUTTER) such time as he may con- deserve. The SPEAKER pro tempore. Pursu-
sume. A National Veterans Cemetery in El Paso ant to the rule, the gentleman from
Mr. PERLMUTTER. Mr. Speaker, I County will also serve as an important symbol California (Mr. FILNER) and the gen-
thank the gentleman, and I thank my for those in the military community who have tleman from Indiana (Mr. BUYER) each
colleagues from Colorado, Mr. SALAZAR given so much to their country. Mr. Speaker, will control 20 minutes.
and Mr. LAMBORN, for bringing this leg- this is an important piece of legislation, and I The Chair recognizes the gentleman
islation to the floor. urge its passage. from California.
As we approach Memorial Day, let us GENERAL LEAVE Mr. FILNER. Mr. Speaker, I yield
remember those who have fallen fight- Mr. FILNER. Mr. Speaker, I ask myself such time as I may consume.
ing for our country. And this is one unanimous consent that all Members Mr. Speaker, not all of the returning
way to recognize our service mens and may have 5 legislative days within veterans from the OEF/OIF suffer from
womens sacrifices, by establishing a which to revise and extend their re- obvious wounds. Those who suffer from
new VA cemetery in El Paso County. marks and include extraneous material an external injury are readily identi-
Although I dont represent that area, it on H.R. 1660, as amended. fied and receive immediate care for
is south of where I live, this is an area The SPEAKER pro tempore. Is there that injury. However, many of our re-
of our State that needs a cemetery of objection to the request of the gen- turning veterans, and on this I include,
this kind. tleman from California? Mr. Speaker, Guard and Reserve units
Memorial Day is usually marked by There was no objection. who have been ordered to combat, are
parades, speeches, and the decoration Mr. FILNER. I urge my colleagues to coming back with injuries that are not
of graves; but for the people of South- support this bill, and yield back the external. They are hidden wounds of
ern Colorado, this means traveling up balance of my time. the war, such as post-traumatic stress
to Fort Logan which is in the Denver The SPEAKER pro tempore. The disorder, PTSD, forms of brain injury,
area. With the passage of this bill, the question is on the motion offered by which may not be evident without fur-
150,000 veterans residing in Southern the gentleman from California (Mr. ther diagnosis, which may not be evi-
Colorado will have their own VA ceme- FILNER) that the House suspend the dent to the soldier or to the doctor
tery to honor and decorate. rules and pass the bill, H.R. 1660, as looking at him.
I urge my colleagues to vote yes amended. Unlike the physical wounds, mental
on this bill. The question was taken; and (two- wounds are not easily identified and
Mr. UDALL of Colorado. Mr. Speaker, I rise thirds being in the affirmative) the may go undetected. PTSD is a mental
in strong support of this legislation to establish rules were suspended and the bill, as health condition that is triggered by a
a national cemetery for veterans in southern amended, was passed. traumatic event which causes an in-
Colorado, and I congratulate my colleague A motion to reconsider was laid on tense fear and/or helplessness. Some of
JOHN SALAZAR for his work on this bill. the table. the symptoms for this condition in-
I also want to recognize the work of my f clude reexperiencing the trauma
former colleague Joel Hefley and my current RETURNING SERVICEMEMBER VA through nightmares, obsessive
colleague DOUG LAMBORN on this issue. Es- HEALTHCARE INSURANCE ACT thoughts, flashbacks. We know that
tablishing a national veterans cemetery in OF 2007 this condition may not reveal itself for
southern Colorado has been and continues to many months or maybe for years after
Mr. FILNER. Mr. Speaker, I move to
be a goal shared by the entire Colorado dele- experiencing the event.
suspend the rules and pass the bill
gation. We listened to veterans, veteran serv-
For over 8 years, it has also been a goal of (H.R. 612) to amend title 38, United ice organizations, family members, and
the Pikes Peak Veterans Cemetery Com- States Code, to extend the period of eli- we heard them say that their returning
mittee. And it has been a goal of the Depart- gibility for health care for combat veterans needed more time to access
ment of Colorado Veterans of Foreign Wars, service in the Persian Gulf War or fu- the VA health care system when they
the Colorado chapters of the American Legion, ture hostilities from two years to five came home from war.
the Paralyzed Veterans of America, the Vet- years after discharge or release, as Conditions like PTSD and traumatic
erans of Foreign Wars, and the Association for amended. brain injury are the driving force be-
The Clerk read the title of the bill. hind this bill, the Returning Service-
Service Disabled Veterans. So many people
The text of the bill is as follows:
have worked tirelessly to build support for this member VA Healthcare Insurance Act
H.R. 612
cemetery, and I hope they are pleased today of 2007. It extends from 2 years to 5
Be it enacted by the Senate and House of Rep-
years following discharge or release the
mstockstill on PROD1PC66 with HOUSE

that we are now one step closer to making it resentatives of the United States of America in
a reality. Congress assembled, eligibility period for veterans. And, as
This is a particularly timely bill to consider SECTION 1. SHORT TITLE. I said, we include Guard and Reserve
today, as we approach another Memorial Day This Act may be cited as the Returning units all those who served in combat
and as we continue to send our troops to Iraq Servicemember VA Healthcare Insurance during or after the Persian Gulf War
and Afghanistan. We remember the sacrifices Act of 2007. are eligible to receive hospital care,

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5663
medical services, or nursing home care roll in the VA health care would be eli- with the support of the Governor, all
provided by the Secretary of Veterans gible for an additional 3 years of VA the Members of Congress, and we
Affairs. It provides for an additional 3 health care services. All veterans who should be able to get this done. Theres
years of eligibility for veterans dis- served in combat should receive the no reason why we shouldnt.
charged more than 5 years before the same level of care, and I appreciate the So here we have a situation whereby
enactment of this act who may not chairman for adopting and agreeing to the committee has specific criteria for
have enrolled in the VA health care this amendment. the naming of a VA hospital. This
system. In 1993, Congress enacted Public Law Medal of Honor recipient clearly ap-
This system is recognized throughout 103210 to amend title 38, United States plies. It passed the Senate. Yet we
the country, and indeed the world, as Code, to provide additional authority dont have criteria, as the chairman
providing safe quality health care to for the Secretary of Veterans Affairs to just spoke on the last bill, with regard
our veterans. Two years was simply not provide health care for veterans of the to the naming of a cemetery. Yet we
enough time for returning OEF/OIF Persian Gulf War. did it just for a political reason. And so
veterans to utilize this very important The special health care authority al- now its difficult for me to figure out
benefit. We are fixing that with this lowed VA to treat those veterans who how to follow the leadership of the
piece of legislation. It is a bill that will served in combat operations in the Per- chairman.
have a profound effect most imme- sian Gulf for possible war-related ill- We dont have criteria, but we take
diately on our veterans returning from nesses, even though there was not de- action on the floor. But where we do
war. I urge my colleagues to support finitive evidence that the disorders have criteria, we dont take action on
the bill. treated were related to wartime serv- the floor. So it is a puzzling moment
Mr. Speaker, I reserve the balance of ice. that we have in how we are bringing
my time. Subsequent congressional hearings these veterans bills to the floor.
Mr. BUYER. Mr. Speaker, I yield 2 on Persian Gulf veterans health care Mr. Speaker, I yield back the balance
minutes to the gentlelady from Florida highlighted the importance of early of my time.
(Ms. GINNY BROWN-WAITE). intervention in treating the kind of un- Mr. FILNER. Mr. Speaker, I want to
Ms. GINNY BROWN-WAITE of Flor- explained health problems experienced thank the ranking member for his
ida. Mr. Speaker, I thank the ranking by many Persian Gulf war veterans. helpful amendment to this bill. As I
member and certainly the chairman of In 1998, with the potential of renewed said earlier, this is a very important
the Veterans Committee. combat in the Persian Gulf, Public Law bill to thousands and thousands of re-
I rise today in support of H.R. 612, 105368, the Veterans Programs En- turning veterans. They have basically
the Returning Servicemember VA hancement Act of 1998, was enacted. unfettered access to one of the best
Health Care Insurance Act. This meas- This law authorizes the VA to provide health care systems in the world with-
ure provides much needed expansion to medical care and other medical serv- out going through a lot of red tape,
the availability of VA health care to ices to combat veterans for a period of without going through a lot of paper-
certain American soldiers returning 2 years following the service separation work to prove that they are eligible.
from combat. Currently these individ- date for veterans who served on active They will have 5 years.
uals only have 2 years in which they duty in theater of combat operations And it is most important for our Re-
can access medical services at the VA. during a period of war after the Persian serve and Guard units, who are not eli-
Unfortunately, conditions associated Gulf War, or in combat against a hos- gible for the benefit structure of the
with service in a combat theater can tile force during a period of hostilities VA system. They are not eligible for
sometimes take longer to manifest after November 11 of 1998. Members of most of the benefits of the GI bill. And
themselves. In response, the measure the National Guard and Reserves may we are trying to make an effort to
provides a 5-year window of health care be eligible for this care if they meet bring them in under the VA benefits
for our veterans. certain requirements which essentially under what we call total force struc-
I urge my colleagues to support this satisfy the definition of a veteran. ture.
important legislation. Many of the The experience of the 1990s taught us So this bill is important to thousands
young men and women in our Armed the importance of both increasing un- of people, those that are coming back
Forces have been away from their derstanding of war-related illnesses from the Marines or Army and those
loved ones for very long periods of generally, and ensuring that the VA is that are in the Guard and Reserve
time. During this time, they have en- better prepared to treat veterans of fu- units. All of them now will have 5
dured harsh conditions and tremendous ture wars and military combat. years where these hidden injuries,
physical and mental strains. The very I would also, at this moment, like to brain injury, or post-traumatic stress
least that Congress can do is to give thank my colleague, Mr. SALAZAR of disorder may become evident, and they
these brave individuals 3 additional Colorado, who shared with me his may seek help. Now they will be able
years of health care. I think it is the statement that he gave honoring the to do it without any of the bureau-
right thing to do, and I know that both life of a great American, Raymond Ger- cratic entanglements. And I think this
the ranking member as well as the ald Murphy. And I had an opportunity will have a remarkable impact on the
chairman fully support this effort to to read his statement that he read into lives of our Nations veterans.
extend the health care for the addi- the CONGRESSIONAL RECORD, and I ap- And I will tell you, as George Wash-
tional time. I think it is a good public preciate him honoring such an Amer- ington said more than 200 years ago,
policy. ican. My only regret is that I never had The morale of our fighting troops is
an opportunity to meet someone like dependent, most of all, on how they
b 1530 this. And Im sure that he touched the feel theyre going to be treated when
Mr. FILNER. Mr. Speaker, I have no lives of many, many people. they come home. When they know
further speakers, and I reserve the bal- And so I suppose where we are, Mr. they will have 5 years to come to the
ance of my time. Speaker, is that with regard to how we VA, they will know that a Nation is
Mr. BUYER. Mr. Speaker, Id like to recognize this Medal of Honor recipient caring for them and is responsive to
thank the chairman for amending this by naming the hospital after him, the their needs.
legislation to address my concern that, Veterans Affairs Committee has spe- Mr. HALL of New York. Mr. Speaker, I often
as originally drafted, the bill did not cific criteria that we are to go by. And say that the opportunity to serve on Veterans
provide equity for those veterans when you look at the specific criteria, Affairs Committee is one of the greatest privi-
whose eligibility period would have ex- we satisfy all the criteria. Hes a Medal leges I have been given in my short time in
pired prior to the enactment of this of Honor recipient. He has letters of Congress. The action on the floor of the
mstockstill on PROD1PC66 with HOUSE

bill. support from all the veterans groups in House today is another reminder of how it is
At my request, the bill was amended the State of New Mexico, all of the rec- truly an honor to serve on this Committee.
to make sure that those veterans ognized organizations, I have their let- Earlier this afternoon the House passed sev-
whose eligibility period had ended ters here, Mr. Speaker, Ill be more eral pieces of legislation to improve outreach
prior to the enactment and did not en- than happy to get them to you, along and care to our nations veterans.

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H5664 CONGRESSIONAL RECORD HOUSE May 23, 2007
Memorial Day is the day for Americans to Iraq and Afghanistan veterans, several OIF bill, and I yield back the balance of my
officially honor the heroes who have fallen in veterans suggested that back injuries will be a time.
service to our country, and a day to pray for long term problem for this generation of vet- The SPEAKER pro tempore. The
and remember the brave souls who have erans. This bill will help the VA better prepare question is on the motion offered by
given the ultimate sacrifice. We are the bene- for this new wave of patients. the gentleman from California (Mr.
ficiaries of those who serve and who have I am proud that these bills passed the FILNER) that the House suspend the
served to preserve the peace and freedom we House today and that I could support their rules and pass the bill, H.R. 612, as
enjoy. passage. amended.
As a nation, we honor the bravery of those Congress has a responsibility to live up to The question was taken.
who have fought and died for our country and our promises to our veterans. Today was an- The SPEAKER pro tempore. In the
recognize the tremendous sacrifices they and other down payment on fulfilling these prom- opinion of the Chair, two-thirds being
their families have made. But to truly honor ises. in the affirmative, the ayes have it.
these heroes it is our duty as a grateful nation Through my role on the Veterans Affairs Mr. FILNER. Mr. Speaker, on that I
to not just spend the day remembering their Committee, I pledge to continue to push for demand the yeas and nays.
service, but to provide the promised support legislation that will improve services for our The yeas and nays were ordered.
and benefits to the soldiers and veterans who veterans and treat them with the respect they The SPEAKER pro tempore. Pursu-
served with and followed them. These bills have worked so hard to earn. ant to clause 8 of rule XX, and the
Mr. SPACE. Mr. Speaker, I rise today in Chairs prior announcement, further
help provide that support.
H.R. 67, the Veterans Outreach Improve- support of H.R. 612, the Returning proceedings on this question will be
ment Act, creates a grant program to allow the Servicemember VA Healthcare Insurance Act. postponed.
This bill extends the eligibility period for re-
VA to partner with State and county veteran f
ceipt of VA hospital care, medical services,
organizations to reach out to veterans and
and nursing home care for veterans who CARL SANDBURG HOME NATIONAL
their families to ensure they are aware of their served in combat duringor afterthe Per- HISTORIC SITE BOUNDARY REVI-
eligibility for benefits. sian Gulf War. SION ACT OF 2007
This bipartisan bill also increases Currently, the eligibility period for these VA
acountability in spending taxpayer dollars by The SPEAKER pro tempore. Pursu-
services is two years. This bill lengthens that
requiring reports on how the grants in this pro- ant to House Resolution 429 and rule
two year time frame to five years from a vet-
gram have been used to improve outreach. I XVIII, the Chair declares the House in
erans date of discharge or release from serv-
am proud to be a cosponsor of this bill and the Committee of the Whole House on
ice.
am pleased it has passed the House. As we learn more and more about what are the state of the Union for further con-
H.R. 612 is an extremely important piece of increasingly being referred to as the signature sideration of the bill, H.R. 1100.
legislation. This bill will extend access to VA wounds of Operation Iraqi Freedom and Oper- b 1539
Healthcare for Iraq and Afghanistan veterans ation Enduring FreedomTraumatic Brain In- IN THE COMMITTEE OF THE WHOLE
from two years to five years. This is vital to jury and Post Traumatic Stress DisorderI
the health of our veterans returning from Iraq Accordingly, the House resolved
believe that this extension of VA care is es- itself into the Committee of the Whole
because of the nature of Traumatic Brain In- sential to this Congress mission to provide
jury and Post Traumatic Stress Disorder. House on the state of the Union for fur-
comprehensive care to our nations heroes. ther consideration of the bill (H.R.
In some cases, TBI and PTSD symptoms Often, a servicemembers battle scars run
do not emerge until several years after the in- 1100) to revise the boundary of the Carl
deeper than what is visible to an outsider.
jury occurred. With the current freeze on Cat- Sandburg Home National Historic Site
While many bodily injuries sustained are ap-
egory 8 veteran enrollment in VA healthcare, in the State of North Carolina, and for
parent to the naked eye, TBI, PTSD, and
this means that some OIF/OEF will realize other purposes, with Mr. ROSS (Acting
other conditions are not easily observed. Diag-
they suffered a brain injury while deployed but Chairman) in the chair.
nosis of these conditions may require lengthy,
be locked out of the system. The Clerk read the title of the bill.
detailed evaluations by specialists over the
They might not have health insurance to The Acting CHAIRMAN. When the
course of time. Furthermore, some psycho-
cover their treatment, and will not have crucial Committee of the Whole rose earlier
logical disorders take months or even years to
medical documents that will help them receive today, a request for a recorded vote on
develop following a servicemembers release
disability benefits. amendment No. 3 printed in House Re-
from duty. Some chronic physical conditions
By expanding their eligibility for 3 additional port 110165 by the gentleman from Ne-
also take time to peak and subsequently diag-
years, Congress is acting to limit the damage vada (Mr. HELLER) had been postponed.
nose.
done by the Presidents Category 8 veterans Pursuant to clause 6 of rule XVIII,
By extending eligibility to VA care to five
enrollment freeze. I was proud to also cospon- proceedings will now resume on those
years, we are helping to ensure that fewer
sor this legislation. amendments on which further pro-
physical and mental wounds go undiagnosed
Another extremely important bill to our Iraq ceedings were postponed, in the fol-
and untreated. We are helping to ensure that
and Afghanistan veterans is H.R. 2199, the lowing order:
the care that veterans seek out and receive is
Traumatic Brain Injury Health Enhancement Amendment No. 1 by Mr. BISHOP of
more complete by enabling the VA to address
and Long Term Support Act. Utah.
more of servicemembers health needs. Most
TBI is the signature injury of the war in Iraq Amendment No. 3 by Mr. HELLER of
importantly, we are offering another way to
and this bill vastly improves the VAs ability to Nevada.
better care for our nations wounded warriors
provide care for brain injury. The Chair will reduce to 5 minutes
who have sacrificed the best years of their
This bill requires the VA to establish a pro- the time for the second vote in this se-
lives.
gram to screen veterans for TBI and establish I urge my colleagues to support H.R. 612 ries.
a program of long term care for acute TBI vic- AMENDMENT NO. 1 OFFERED BY MR. BISHOP OF
because it is an improvement upon the current
UTAH
tims. system.
Currently, of the nearly 1,300 VA health GENERAL LEAVE
The CHAIRMAN. The unfinished
care facilities in the United States, only 4 have Mr. FILNER. I would ask, Mr. Speak- business is the demand for a recorded
specialized TBI programs. This bill allows the er, unanimous consent that all Mem- vote on the amendment offered by the
VA to partner with private facilities to provide bers may have 5 legislative days in gentleman from Utah (Mr. BISHOP) on
treatment the VA cannot immediately provide. which to revise and extend their re- which further proceedings were post-
It also establishes centers of research and marks and include extraneous material poned and on which the noes prevailed
a national database so we can better under- on H.R. 612, as amended. by voice vote.
stand the causes and symptoms of TBI. Hope- The SPEAKER pro tempore (Mr. The Clerk will redesignate the
amendment.
mstockstill on PROD1PC66 with HOUSE

fully, this will allow us to better treat victims in PERLMUTTER). Is there objection to the
the future. This bill contains provisions of H.R. request of the gentleman from Cali- The Clerk redesignated the amend-
1944, a bill I originally cosponsored. fornia? ment.
H.R. 1470 expands chiropractic care to all There was no objection. RECORDED VOTE
VA facilities throughout the country by 2011. Mr. FILNER. Mr. Speaker, I urge my The CHAIRMAN. A recorded vote has
During a subcommittee hearing on returning colleagues to unanimously support this been demanded.

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5665
A recorded vote was ordered. Giffords Lowey Ryan (OH) RECORDED VOTE
Gilchrest Lynch Salazar
The vote was taken by electronic de- Gillibrand Mahoney (FL) Sanchez, Linda The Acting CHAIRMAN. A recorded
vice, and there wereayes 185, noes 243, Gonzalez Maloney (NY) T. vote has been demanded.
not voting 9, as follows: Gordon Markey Sanchez, Loretta A recorded vote was ordered.
Green, Al Marshall Sarbanes
[Roll No. 406] Green, Gene Matheson Schakowsky The Acting CHAIRMAN. This will be
AYES185 Grijalva Matsui Schiff a 5-minute vote.
Gutierrez McCarthy (NY) Schwartz The vote was taken by electronic de-
Aderholt Foxx Paul
Hall (NY) McCollum (MN) Scott (GA)
Akin Franks (AZ) Pearce Hare McDermott Scott (VA) vice, and there wereayes 183, noes 243,
Alexander Gallegly Pence
Bachmann Garrett (NJ)
Harman McGovern Serrano not voting 11, as follows:
Peterson (PA) Hastings (FL) McIntyre Sestak
Bachus Gillmor Petri Herseth Sandlin McNerney Shea-Porter
[Roll No. 407]
Baker Gingrey Pickering Higgins McNulty Sherman AYES183
Barrett (SC) Gohmert Pitts Hill Meehan Shuler
Bartlett (MD) Goode Poe Aderholt Fossella Nunes
Hinchey Meek (FL) Simpson
Barton (TX) Goodlatte Porter Akin Foxx Paul
Hinojosa Meeks (NY) Sires
Bilbray Granger Alexander Franks (AZ) Pearce
Price (GA) Hirono Melancon Skelton
Bilirakis Graves Bachmann Gallegly Pence
Pryce (OH) Hodes Michaud Slaughter
Bishop (UT) Hall (TX) Bachus Garrett (NJ) Peterson (PA)
Putnam Holden Miller (NC) Smith (WA)
Blackburn Hastert Baker Gillmor Petri
Radanovich Holt Miller, George Snyder
Boehner Hastings (WA) Barrett (SC) Gingrey Pickering
Ramstad Honda Mitchell Solis
Bonner Hayes Bartlett (MD) Gohmert Pitts
Regula Hooley Mollohan Space
Bono Heller Barton (TX) Goode Poe
Rehberg Hoyer Moore (KS) Spratt
Boozman Hensarling Bilbray Goodlatte Porter
Reichert Inglis (SC) Moore (WI) Stark
Boustany Herger Bilirakis Granger Price (GA)
Renzi Inslee Moran (VA) Stupak
Brady (TX) Hobson Bishop (UT) Graves Pryce (OH)
Reynolds Israel Murphy (CT) Sutton
Brown (SC) Hoekstra Blackburn Hall (TX) Putnam
Rogers (AL) Jackson (IL) Murphy, Patrick Tanner
Brown-Waite, Issa Boehner Hastert Radanovich
Rogers (KY) Jackson-Lee Murtha Tauscher
Ginny Jindal Bonner Hastings (WA) Ramstad
(TX) Nadler Taylor
Buchanan Johnson (IL) Rogers (MI) Bono Hayes Regula
Jefferson Napolitano Thompson (CA)
Burgess Johnson, Sam Rohrabacher Boozman Heller Rehberg
Johnson (GA) Neal (MA) Thompson (MS)
Burton (IN) Jones (NC) Ros-Lehtinen Boustany Hensarling Reichert
Johnson, E. B. Norton Tierney
Buyer Jordan Roskam Brady (TX) Herger Renzi
Kagen Oberstar Towns
Calvert Keller Royce Brown (SC) Hobson Reynolds
Kanjorski Obey Turner
Camp (MI) King (IA) Ryan (WI) Brown-Waite, Hoekstra
Kaptur Olver Udall (CO) Rogers (AL)
Campbell (CA) King (NY) Sali Ginny Issa
Kennedy Ortiz Udall (NM) Rogers (KY)
Cannon Kingston Saxton Buchanan Jindal
Kildee Pallone Van Hollen Rogers (MI)
Cantor Kline (MN) Schmidt Burgess Johnson (IL)
Kilpatrick Pascrell Velazquez Rohrabacher
Capito Knollenberg Sensenbrenner Burton (IN) Johnson, Sam
Kind Pastor Visclosky Ros-Lehtinen
Carter Kuhl (NY) Sessions Buyer Jordan
Kirk Payne Walz (MN) Roskam
Chabot Lamborn Shadegg Calvert Keller
Klein (FL) Perlmutter Wasserman Royce
Coble Latham Shimkus Camp (MI) King (IA)
Kucinich Peterson (MN) Schultz Ryan (WI)
Cole (OK) LaTourette Shuster Campbell (CA) King (NY)
LaHood Platts Waters Sali
Conaway Lewis (CA) Smith (NE) Cannon Kingston
Lampson Pomeroy Watson Saxton
Crenshaw Lewis (KY) Smith (NJ) Cantor Kline (MN)
Langevin Price (NC) Watt Schmidt
Cubin Linder Smith (TX) Capito Knollenberg
Lantos Rahall Waxman Sensenbrenner
Culberson LoBiondo Carter Kuhl (NY)
Souder Larsen (WA) Rangel Weiner Sessions
Davis (KY) Lucas Chabot Lamborn
Stearns Larson (CT) Reyes Welch (VT) Shadegg
Davis, David Lungren, Daniel Coble Latham
Sullivan Lee Rodriguez Wexler Shimkus
Davis, Tom E. Cole (OK) LaTourette
Tancredo Levin Ross Wilson (OH) Shuster
Deal (GA) Mack Conaway Lewis (CA)
Terry Lewis (GA) Rothman Woolsey Smith (NE)
Dent Manzullo Crenshaw Lewis (KY)
Thornberry Lipinski Roybal-Allard Wu Smith (NJ)
Diaz-Balart, L. Marchant Cubin Linder
Tiahrt Loebsack Ruppersberger Wynn Smith (TX)
Diaz-Balart, M. McCarthy (CA) Culberson LoBiondo
Tiberi Lofgren, Zoe Rush Yarmuth Stearns
Doolittle McCaul (TX) Davis (KY) Lucas
Drake McCotter Upton Davis, David Lungren, Daniel Sullivan
Walberg NOT VOTING9 Tancredo
Dreier McCrery Davis, Tom E.
Duncan McHenry Walden (OR) Blunt Hulshof McMorris Deal (GA) Mack Terry
Ehlers McHugh Walsh (NY) Bordallo Hunter Rodgers Dent Manzullo Thornberry
Emerson McKeon Wamp Davis, Jo Ann Jones (OH) Shays Diaz-Balart, L. Marchant Tiahrt
English (PA) Mica Weldon (FL) DeGette Diaz-Balart, M. McCarthy (CA) Tiberi
Everett Miller (FL) Weller Doolittle McCaul (TX) Turner
Fallin Miller (MI) Westmoreland Drake McCotter Upton
Feeney Miller, Gary Whitfield b 1603 Dreier McCrery Walberg
Ferguson Moran (KS) Wicker Duncan McHenry Walden (OR)
Wilson (NM)
Messrs. LEWIS of Georgia, DAVIS of Ehlers McHugh Wamp
Flake Murphy, Tim
Forbes Musgrave Wilson (SC) Alabama, MARSHALL and TIERNEY Emerson McKeon Weldon (FL)
Fortenberry Myrick Wolf changed their vote from aye to no. English (PA) Mica Weller
Fortuno Neugebauer Young (AK) Everett Miller (FL) Westmoreland
Mr. KUHL of New York changed his Whitfield
Fossella Nunes Young (FL) Fallin Miller (MI)
vote from no to aye. Feeney Miller, Gary Wicker
NOES243 So the amendment was rejected. Ferguson Moran (KS) Wilson (NM)
Abercrombie Brown, Corrine Davis (AL) The result of the vote was announced Flake Murphy, Tim Wilson (SC)
Ackerman Butterfield Davis (CA) Forbes Musgrave Wolf
as above recorded. Fortenberry Myrick Young (AK)
Allen Capps Davis (IL)
Altmire Capuano Davis, Lincoln Stated for: Fortuno Neugebauer Young (FL)
Andrews Cardoza DeFazio Mr. TURNER. Mr. Chairman, on rollcall No. NOES243
Arcuri Carnahan Delahunt 406, the Bishop of Utah amendment to H.R.
Baca Carney DeLauro Abercrombie Boswell Cleaver
Baird Carson Dicks 1100, amendment No. 1, I was mistakenly re- Ackerman Boucher Clyburn
Baldwin Castle Dingell corded as no, intending to vote aye. Allen Boyd (FL) Cohen
Barrow Castor Doggett AMENDMENT NO. 3 OFFERED BY MR. HELLER OF Altmire Boyda (KS) Conyers
Bean Chandler Donnelly Andrews Brady (PA) Cooper
NEVADA
Becerra Christensen Doyle Arcuri Braley (IA) Costa
Berkley Clarke Edwards The Acting CHAIRMAN. The unfin- Baca Brown, Corrine Costello
Berman Clay Ellison ished business is the demand for a re- Baird Butterfield Courtney
Berry Cleaver Ellsworth Baldwin Capps Cramer
Biggert Clyburn Emanuel corded vote on the amendment offered Barrow Capuano Crowley
Bishop (GA) Cohen Engel by the gentleman from Nevada (Mr. Bean Cardoza Cuellar
Bishop (NY) Conyers Eshoo HELLER) on which further proceedings Becerra Carnahan Cummings
Blumenauer Cooper Etheridge Berkley Carney Davis (AL)
were postponed and on which the noes
mstockstill on PROD1PC66 with HOUSE

Boren Costa Faleomavaega Berman Carson Davis (CA)


Boswell Costello Farr prevailed by voice vote. Berry Castle Davis (IL)
Boucher Courtney Fattah The Clerk will redesignate the Biggert Castor Davis, Lincoln
Boyd (FL) Cramer Filner amendment. Bishop (GA) Chandler DeFazio
Boyda (KS) Crowley Frank (MA) Bishop (NY) Christensen Delahunt
Brady (PA) Cuellar Frelinghuysen The Clerk redesignated the amend- Blumenauer Clarke DeLauro
Braley (IA) Cummings Gerlach ment. Boren Clay Dicks

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H5666 CONGRESSIONAL RECORD HOUSE May 23, 2007
Dingell Lampson Ross Mr. ROSS, Acting Chairman of the Right now, I am working on the Con-
Doggett Langevin Rothman
Donnelly Lantos Roybal-Allard
Committee of the Whole House on the tinental Divide Trail, which goes north
Doyle Larsen (WA) Ruppersberger state of the Union, reported that that to south from the Mexico border to the
Edwards Larson (CT) Rush Committee, having had under consider- Canadian border. Since 1978, it did not
Ellison Lee Ryan (OH) ation the bill (H.R. 1100) to revise the have one mile that had actually come
Ellsworth Levin Salazar
Emanuel Lewis (GA) Sanchez, Linda boundary of the Carl Sandburg Home from private landowners in New Mex-
Engel Lipinski T. Historic Site in the State of North ico.
Eshoo Loebsack Sanchez, Loretta Carolina, and for other purposes, pur- I believe in the park system and I be-
Etheridge Lofgren, Zoe Sarbanes
Faleomavaega Lowey Schakowsky
suant to House Resolution 429, he re- lieve in the trail system of the United
Farr Lynch Schiff ported the bill back to the House with States Government, but I do not be-
Fattah Mahoney (FL) Schwartz an amendment adopted by the Com- lieve that the government should or
Filner Maloney (NY) Scott (GA) mittee of the Whole. could be able to intimidate, to harass,
Frank (MA) Markey Scott (VA)
Frelinghuysen Marshall Serrano The SPEAKER pro tempore. Under to cause people to become willing sell-
Gerlach Matheson Sestak the rule, the previous question is or- ers. And that is my fear in this legisla-
Giffords Matsui Shea-Porter dered. tion, that it does not go far enough and
Gilchrest McCarthy (NY) Sherman The question is on the amendment.
Gillibrand McCollum (MN) Shuler
is not explicit enough.
Gonzalez McDermott Simpson The amendment was agreed to. I have expressly worked to get all of
Gordon McGovern Sires The SPEAKER pro tempore. The the landowners through the Second
Green, Al McIntyre Skelton question is on the engrossment and District of New Mexico, including 22
Green, Gene McNerney Slaughter third reading of the bill.
Grijalva McNulty Smith (WA) miles on the Acoma Indian Reserva-
Gutierrez Meehan Snyder The bill was ordered to be engrossed tion, where they did not want any Fed-
Hare Meek (FL) Solis and read a third time, and was read the eral presence, no people coming across
Harman Meeks (NY) Souder third time.
Hastings (FL) Melancon Space
their land, and now they are excited
MOTION TO RECOMMIT OFFERED BY MR. PEARCE about the prospect.
Herseth Sandlin Michaud Spratt
Hill Miller (NC) Stark Mr. PEARCE. Mr. Speaker, I offer a So I support the concept of preserva-
Hinchey Miller, George Stupak motion to recommit. tion, and I support the concept of our
Hinojosa Mitchell Sutton The SPEAKER pro tempore. Is the
Hirono Mollohan Tanner
national parks, but I will fight to the
Hodes Moore (KS) Tauscher gentleman opposed to the bill? last breath to protect the private prop-
Holden Moore (WI) Taylor Mr. PEARCE. In its present form. erty rights of the people in this coun-
Holt Moran (VA) Thompson (CA) The SPEAKER pro tempore. The try, because it is a constitutional
Honda Murphy (CT) Thompson (MS) Clerk will report the motion to recom-
Hooley Murphy, Patrick Tierney right. The right to private property is
Hoyer Murtha Towns mit. the basis of our economic and, there-
Inglis (SC) Nadler Udall (CO) The Clerk read as follows: fore, all other freedoms.
Inslee Napolitano Udall (NM) Mr. Pearce moves to recommit the bill
Israel Neal (MA) Van Hollen
So, Mr. Speaker, we simply say that
H.R. 1100 to the Committee on Natural Re- in this bill the willing seller is not
Jackson (IL) Norton Velazquez
Jackson-Lee Oberstar Visclosky
sources with instructions to report the same hard enough; that we want assurance
(TX) Obey Walsh (NY) back to the House promptly with an amend-
ment to prohibit the Secretary of the Inte-
that eminent domain will not be used
Jefferson Olver Walz (MN)
Johnson (GA) Ortiz Wasserman rior from using eminent domain to acquire to acquire land, water, or interests in
Johnson, E. B. Pallone Schultz land, water, or interests in land or water land or water under section 3 of the
Jones (NC) Pascrell Waters under section 3 of the bill. bill.
Kagen Pastor Watson Mr. GRIJALVA. Mr. Speaker, I rise
Kanjorski Payne Watt The SPEAKER pro tempore. The gen-
Kaptur Perlmutter Waxman tleman from New Mexico is recognized in opposition to the motion to recom-
Kennedy Peterson (MN) Weiner for 5 minutes. mit.
Kildee Platts Welch (VT) The SPEAKER pro tempore. The gen-
Kilpatrick Pomeroy Wexler
Mr. PEARCE. Mr. Speaker, we are
Kind Price (NC) Wilson (OH) moving to recommit this bill in order tleman is recognized for 5 minutes.
Kirk Rahall Woolsey to provide an amendment that would Mr. GRIJALVA. Mr. Speaker, first of
Klein (FL) Rangel Wu prohibit the Secretary of Interior from all, this legislation, H.R. 1100, went
Kucinich Reyes Wynn through full committee hearing, it
LaHood Rodriguez Yarmuth using eminent domain to acquire land,
water, or interest in land or water went through subcommittee hearing,
NOT VOTING11 was referred to this floor by voice vote,
under section 3 of the bill.
Blunt Hall (NY) Jones (OH) Now, most of you, like me, received and this whole discussion we have had
Bordallo Higgins McMorris on the bill today and the debate was
Davis, Jo Ann Hulshof Rodgers probably the hardest phone calls from
DeGette Hunter Shays both Democrats and Republicans alike under an open rule. So I fail to under-
when our Supreme Court made the stand why we need a motion to recom-
ANNOUNCEMENT BY THE ACTING CHAIRMAN
Kelo decision which said that local en- mit. I believe it is a red herring. It is
The Acting CHAIRMAN (during the a non-issue.
vote). Members are advised there are tities could, in fact, use eminent do-
main to acquire property from private I remind Members that in the legisla-
less than 2 minutes remaining on this tion itself under section 3, acquisition
vote. individuals.
authority, let me quote: The Sec-
b 1611 b 1615 retary may acquire from willing sell-
So the amendment was rejected. This motion to recommit is ex- ers, willing sellers, by donation, pur-
The result of the vote was announced tremely simple. We do not want the chase with donated or appropriated
as above recorded. Park Service to use eminent domain to funds, or exchange of land.
Stated against: take over property. Willing sellers. The concept of will-
Mr. HALL of New York. Mr. Chairman, on I sat as the chairman of the National ing seller means that you cannot use
rollcall No. 407, the Heller of Nevada amend- Park Subcommittee in the Resources eminent domain. I think the legisla-
ment, had I been present, I would have voted Committee for all of the last year and tion before us is good legislation. The
no. part of the year before that, and I will motivation for its defeat is something
The Acting CHAIRMAN. The ques- tell you that the most disturbing that we have not been able to get to
tion is on the committee amendment things that happened in committee the root of that reason. But the legisla-
in the nature of a substitute. were that we heard testimony from tion has merited support from the full
The committee amendment in the people around the Appalachian Trail committee, the subcommittee, and
where the willing seller that is ref-
mstockstill on PROD1PC66 with HOUSE

nature of a substitute was agreed to. through the discussions today.


The Acting CHAIRMAN. Under the erenced in the bill, the underlying bill I would continue to urge that we de-
rule, the Committee rises. today, the willing seller legislation was feat the motion to recommit and pass
Accordingly, the Committee rose; in fact used to threaten, to intimidate, the underlying legislation.
and the Speaker pro tempore (Mr. to cause people to become willing Mr. Speaker, I yield 1 minute to my
CAPUANO) having assumed the chair, sellers against their will. colleague, the author of the legislation,

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5667
the gentleman from North Carolina Hastert McHenry Royce Ross Shuler Udall (NM)
Hastings (WA) McHugh Ryan (WI) Rothman Sires Van Hollen
(Mr. SHULER). Hayes McKeon Sali Roybal-Allard Skelton Velazquez
Mr. SHULER. Mr. Speaker, I just Heller Mica Saxton Ruppersberger Slaughter Visclosky
would like to say that in 1968, Stewart Hensarling Miller (FL) Schmidt Rush Smith (WA) Walz (MN)
Herger Miller (MI) Sensenbrenner Ryan (OH) Snyder Wasserman
Udall, Secretary of Interior from 1961 Salazar Solis Schultz
Hobson Miller, Gary Sessions
to 1968, put forth this great historic Hoekstra Moran (KS) Shadegg Sanchez, Linda Space Waters
site in Flat Rock, North Carolina. We Issa Murphy, Tim Shimkus T. Spratt Watson
continue to see a tremendous amount Jindal Musgrave Shuster Sanchez, Loretta Stark Watt
Johnson (IL) Myrick Simpson Sarbanes Sutton Waxman
of bipartisan support in my commu- Johnson, Sam Neugebauer Schakowsky Tanner Weiner
Smith (NE)
nity, an all-Republican county com- Jordan Nunes Smith (NJ) Schiff Tauscher Welch (VT)
mission, might I add, along with both Keller Paul Smith (TX) Schwartz Taylor Wexler
King (IA) Pearce Scott (GA) Thompson (CA) Wilson (OH)
Republican Senators, ELIZABETH DOLE Souder
Scott (VA) Thompson (MS) Woolsey
King (NY) Pence Stearns
and RICHARD BURR, both with over- Kingston Peterson (PA) Serrano Tierney Wu
Sullivan
whelming support, with companion leg- Kirk Petri
Tancredo
Shea-Porter Towns Wynn
islation in the Senate. Kline (MN) Pickering Sherman Udall (CO) Yarmuth
Terry
Knollenberg Pitts
We continue to find that we are play- Kuhl (NY) Platts
Thornberry NOT VOTING12
ing politics here with the will of the Tiahrt
LaHood Poe Berkley Hunter Sestak
Tiberi
people of my community. They have Lamborn Porter
Turner
Davis, Jo Ann Jones (OH) Shays
Latham Price (GA) DeGette McMorris Stupak
asked for this. The administration put LaTourette Pryce (OH) Upton
Gillmor Rodgers
forth in 2003 their management plan for Lewis (CA) Putnam Walberg
Hulshof Oberstar
this to adapt all 115 acres. Lewis (KY) Radanovich Walden (OR)
Linder Ramstad Walsh (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
It is a very good bill. I oppose this Wamp
LoBiondo Regula The SPEAKER pro tempore (during
motion to recommit, and I ask all my Lucas Rehberg Weldon (FL)
colleagues to vote yes on final pas- Lungren, Daniel Reichert Weller the vote). Members are advised there
sage. E. Renzi Westmoreland are 2 minutes remaining in this vote.
Mack Reynolds Whitfield
Mr. GRIJALVA. Mr. Speaker, this Wicker
motion is an attempt to kill the legis-
Manzullo Rogers (AL)
Wilson (NM)
b 1638
Marchant Rogers (KY)
lation. The use of the word promptly McCarthy (CA) Rogers (MI) Wilson (SC) Mr. KINGSTON changed his vote
McCaul (TX) Rohrabacher Wolf from no to aye.
in the motion to recommit effectively McCotter Ros-Lehtinen Young (AK)
kills the bill. The issue of this motion McCrery Roskam Young (FL) So the motion to recommit was re-
to recommit is redundant, not nec- jected.
essary, and I would urge its defeat and NOES228 The result of the vote was announced
urge passage of the legislation. Abercrombie Donnelly Langevin as above recorded.
The SPEAKER pro tempore. Without Ackerman Doyle Lantos Stated against:
Allen Edwards Larsen (WA) Mr. SESTAK. Mr. Speaker, on rollcall No.
objection, the previous question is or- Altmire Ellison Larson (CT)
dered on the motion to recommit. Andrews Ellsworth Lee 408, had I been present, I would have voted
There was no objection. Arcuri Emanuel Levin no.
Baca Engel Lewis (GA) Ms. BERKLEY. Mr. Speaker, on rollcall No.
The SPEAKER pro tempore. The Baird Eshoo Lipinski
question is on the motion to recommit. Baldwin Etheridge Loebsack
408, I was unavoidably detained in a meeting
The question was taken; and the Barrow Farr Lofgren, Zoe of the Ways and Means Trade Subcommittee
Speaker pro tempore announced that Bean Fattah Lowey with the Chinese trade delegation. Had I been
Becerra Filner Lynch present, I would have voted no.
the noes appeared to have it. Berman Frank (MA) Mahoney (FL)
RECORDED VOTE Berry Giffords Maloney (NY) The SPEAKER pro tempore. The
Bishop (GA) Gilchrest Markey question is on the passage of the bill.
Mr. PEARCE. Mr. Speaker, I demand Bishop (NY) Gillibrand Marshall The question was taken; and the
a recorded vote. Blumenauer Gonzalez Matheson
Boren Gordon Matsui
Speaker pro tempore announced that
A recorded vote was ordered.
Boswell Green, Al McCarthy (NY) the ayes appeared to have it.
The SPEAKER pro tempore. Pursu- Boucher Green, Gene McCollum (MN) RECORDED VOTE
ant to clause 9 of rule XX, the Chair Boyd (FL) Grijalva McDermott
will reduce to 5 minutes the minimum Boyda (KS) Gutierrez McGovern Mr. SHULER. Mr. Speaker, I demand
time for any electronic vote on the Brady (PA) Hall (NY) McIntyre a recorded vote.
Braley (IA) Hare McNerney A recorded vote was ordered.
question of passage. Brown, Corrine Harman McNulty
The vote was taken by electronic de- Butterfield Hastings (FL) Meehan
The SPEAKER pro tempore. This
vice, and there wereayes 192, noes 228, Capps Herseth Sandlin Meek (FL) will be a 5-minute vote.
not voting 12, as follows:
Capuano Higgins Meeks (NY) The vote was taken by electronic de-
Cardoza Hill Melancon vice, and there wereayes 268, noes 150,
[Roll No. 408] Carnahan Hinchey Michaud
Carney Hinojosa Miller (NC) not voting 14, as follows:
AYES192 Carson Hirono Miller, George [Roll No. 409]
Aderholt Burton (IN) Dreier Castor Hodes Mitchell
Akin Buyer Duncan Chandler Holden Mollohan
AYES268
Alexander Calvert Ehlers Clarke Holt Moore (KS) Abercrombie Boyd (FL) Costello
Bachmann Camp (MI) Emerson Clay Honda Moore (WI) Ackerman Boyda (KS) Courtney
Bachus Campbell (CA) English (PA) Cleaver Hooley Moran (VA) Allen Brady (PA) Cramer
Baker Cannon Everett Clyburn Hoyer Murphy (CT) Altmire Brady (TX) Crowley
Barrett (SC) Cantor Fallin Cohen Inglis (SC) Murphy, Patrick Andrews Braley (IA) Cuellar
Bartlett (MD) Capito Feeney Conyers Inslee Murtha Arcuri Brown, Corrine Cummings
Barton (TX) Carter Ferguson Cooper Israel Nadler Baca Butterfield Davis (AL)
Biggert Castle Flake Costa Jackson (IL) Napolitano Baird Capito Davis (CA)
Bilbray Chabot Forbes Costello Jackson-Lee Neal (MA) Baldwin Capps Davis (IL)
Bilirakis Coble Fortenberry Courtney (TX) Obey Barrow Capuano Davis, David
Bishop (UT) Cole (OK) Fossella Cramer Jefferson Olver Bean Cardoza Davis, Lincoln
Blackburn Conaway Foxx Crowley Johnson (GA) Ortiz Becerra Carnahan DeFazio
Blunt Crenshaw Franks (AZ) Cuellar Johnson, E. B. Pallone Berkley Carney Delahunt
Boehner Cubin Frelinghuysen Cummings Jones (NC) Pascrell Berman Carson DeLauro
Bonner Culberson Gallegly Davis (AL) Kagen Pastor Berry Castle Dent
Bono Davis (KY) Garrett (NJ) Davis (CA) Kanjorski Payne Biggert Castor Dicks
Boozman Davis, David Gerlach Davis (IL) Kaptur Perlmutter Bilbray Chandler Dingell
mstockstill on PROD1PC66 with HOUSE

Boustany Davis, Tom Gingrey Davis, Lincoln Kennedy Peterson (MN) Bishop (GA) Clarke Doggett
Brady (TX) Deal (GA) Gohmert DeFazio Kildee Pomeroy Bishop (NY) Clay Donnelly
Brown (SC) Dent Goode Delahunt Kilpatrick Price (NC) Blumenauer Cleaver Doyle
Brown-Waite, Diaz-Balart, L. Goodlatte DeLauro Kind Rahall Bono Clyburn Duncan
Ginny Diaz-Balart, M. Granger Dicks Klein (FL) Rangel Boren Cohen Edwards
Buchanan Doolittle Graves Dingell Kucinich Reyes Boswell Conyers Ehlers
Burgess Drake Hall (TX) Doggett Lampson Rodriguez Boucher Costa Ellison

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H5668 CONGRESSIONAL RECORD HOUSE May 23, 2007
Ellsworth Larsen (WA) Ruppersberger McHenry Pryce (OH) Smith (TX) hancement Act of 2001 (38 U.S.C. 1710 note) is
Emanuel Larson (CT) Rush McHugh Putnam Stearns amended
Emerson LaTourette Ryan (OH) McKeon Radanovich Sullivan (1) by inserting (1) before The pro-
Engel Lee Salazar Mica Ramstad Tancredo
English (PA) Miller (FL) Regula
gram; and
Levin Sanchez, Linda Terry
Eshoo Lewis (GA) T. Miller (MI) Rehberg (2) by adding at the end the following new
Thornberry
Etheridge Lewis (KY) Sanchez, Loretta Miller, Gary Reichert paragraph:
Tiahrt
Farr Lipinski Sarbanes Murphy, Tim Renzi (2) The program shall be carried out at
Tiberi
Fattah LoBiondo Saxton Musgrave Reynolds
Upton
not fewer than 75 medical centers by not
Ferguson Loebsack Schakowsky Myrick Rogers (AL) later than December 31, 2009, and at all med-
Walberg
Filner Lofgren, Zoe Schiff Neugebauer Rohrabacher ical centers by not later than December 31,
Nunes Roskam Walden (OR)
Fortenberry Lowey Schwartz 2011..
Frank (MA) Lucas Paul Royce Weldon (FL)
Scott (GA) Weller The SPEAKER pro tempore. Pursu-
Frelinghuysen Lynch Pearce Ryan (WI)
Scott (VA) Westmoreland
Gerlach Mahoney (FL)
Serrano
Pence Sali ant to the rule, the gentleman from
Giffords Maloney (NY) Peterson (PA) Schmidt Whitfield
Sestak Wicker
California (Mr. FILNER) and the gen-
Gilchrest Markey Petri Sensenbrenner
Gillibrand Marshall Shea-Porter Pickering Sessions Wilson (NM) tleman from Kansas (Mr. MORAN) each
Gillmor Matheson Sherman Pitts Shadegg Wilson (SC) will control 20 minutes.
Gonzalez Matsui Shimkus Poe Shuster Young (AK) The Chair recognizes the gentleman
Gordon McCarthy (NY) Shuler Price (GA) Smith (NE) Young (FL)
Simpson
from California.
Green, Al McCollum (MN)
Green, Gene McDermott Sires NOT VOTING14 Mr. FILNER. Mr. Speaker, I yield
Grijalva McIntyre Skelton Cannon Hulshof McMorris myself such time as I may consume.
Gutierrez McNerney Slaughter Cooper Hunter Rodgers We are continuing with a packet of
Hall (NY) McNulty Smith (NJ) Davis, Jo Ann Jones (OH) Murphy (CT) seven bills from the Veterans Affairs
Hare Meehan Smith (WA) DeGette Kaptur Oberstar
Harman Meek (FL) Snyder
Committee that is really a thank-you
Dreier McGovern Shays
Hastings (FL) Meeks (NY) Solis in prelude to Memorial Day, a thank-
Hayes Melancon Souder ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE you to our Nations veterans. Memorial
Herseth Sandlin Michaud Space The SPEAKER pro tempore (during Day is a tribute to those who gave the
Higgins Miller (NC) Spratt
Hill Miller, George
the vote). Members are advised 2 min- ultimate sacrifice.
Stark
Hinchey Mitchell Stupak utes remain in this vote. What we are saying is were honoring
Hinojosa Mollohan Sutton them and all our veterans who are liv-
Hirono Moore (KS) b 1646
Tanner ing with us in the United States. And
Hodes Moore (WI) Tauscher So the bill was passed.
Holden Moran (KS)
as I said earlier, no matter where we
Taylor
Holt Moran (VA) The result of the vote was announced are on the current debate on the war in
Thompson (CA)
Honda Murphy, Patrick Thompson (MS) as above recorded. Iraq, we are united in saying that
Hooley Murtha Tierney A motion to reconsider was laid on every young woman, every young man
Hoyer Nadler
Inglis (SC) Napolitano
Towns the table. who returns from that battle gets all
Turner
Inslee Neal (MA) Stated against: the care, the attention, the love, the
Udall (CO)
Israel Obey
Udall (NM) Mr. DREIER. Mr. Speaker, on rollcall No. honor, the dignity that a grateful Na-
Jackson (IL) Olver 409 I was unavoidably detained during a hear-
Jackson-Lee Ortiz
Van Hollen tion can bestow. And thats what we
(TX) Pallone
Velazquez ing of the Committee on Rules. Had I been are saying in these bills today.
Visclosky We have already passed a bill which
Jefferson Pascrell present, I would have voted no.
Walsh (NY)
Johnson (GA) Pastor
Walz (MN) f extends from 2 years to 5 years the
Johnson (IL) Payne ability of any returning servicemember
Johnson, E. B. Perlmutter Wamp
Jones (NC) Peterson (MN) Wasserman REMOVAL OF NAME OF MEMBER in combat to access the VA health care
Kagen Platts Schultz AS COSPONSOR OF H.R. 2060 system. Two years was not sufficient
Kanjorski Pomeroy Waters
Watson Mr. INSLEE. Mr. Speaker, I ask for those who might have brain inju-
Kennedy Porter
Kildee Price (NC) Watt unanimous consent to remove from ries, who might have PTSD,
Kilpatrick Rahall Waxman H.R. 2060 the name of NATHAN DEAL as posttraumatic stress disorder. These
Kind Rangel Weiner are, in many cases, hidden diseases.
Welch (VT)
a cosponsor. His name was inadvert-
Kirk Reyes You dont know that you have it. A
Klein (FL) Rodriguez Wexler ently added as a cosponsor to the bill I
Knollenberg Rogers (KY) Wilson (OH) had sponsored. doctor may not diagnose it at first, and
Kucinich Rogers (MI) Wolf The SPEAKER pro tempore. Is there so as time goes by, you may feel the
LaHood Ros-Lehtinen Woolsey need to access the VA health care sys-
Lampson Ross Wu
objection to the request of the gen-
Wynn tleman from Washington? tem. So we have extended that from 2
Langevin Rothman
Lantos Roybal-Allard Yarmuth There was no objection. years to 5 years.
In addition, we have passed a new
f
NOES150 outreach program to meet especially
Aderholt Coble Hastert CHIROPRACTIC CARE AVAILABLE the needs of rural veterans, and we will
Akin Cole (OK) Hastings (WA) TO ALL VETERANS ACT continue this package in the hour
Alexander Conaway Heller ahead.
Bachmann Crenshaw Hensarling Mr. FILNER. Mr. Speaker, I move to
Veterans returning home from the
Bachus Cubin Herger suspend the rules and pass the bill
Baker Culberson Hobson wars in Iraq and Afghanistan should be
(H.R. 1470) to amend the Department of
Barrett (SC) Davis (KY) Hoekstra able to depend on medical services that
Bartlett (MD) Davis, Tom Issa Veterans Affairs Health Care Programs
they want being available in the sys-
Barton (TX) Deal (GA) Jindal Enhancement Act of 2001 to require the
Bilirakis Diaz-Balart, L. Johnson, Sam tem of health care that was built to
provision of chiropractic care and serv-
Bishop (UT) Diaz-Balart, M. Jordan take care of them and their unique
Blackburn Doolittle Keller
ices to veterans at all Department of
needs.
Blunt Drake King (IA) Veterans Affairs medical centers. For those returning veterans seeking
Boehner Everett King (NY) The Clerk read the title of the bill. care in a VA health care system, we
Bonner Fallin Kingston The text of the bill is as follows:
Boozman Feeney Kline (MN) know that the most common health
Boustany Flake Kuhl (NY) H.R. 1470 problems are under the category of
Brown (SC) Forbes Lamborn Be it enacted by the Senate and House of Rep-
Brown-Waite, Fossella Latham
musculoskeletal ailments, principally
resentatives of the United States of America in joint and back disorders. We hear a lot
Ginny Foxx Lewis (CA)
Congress assembled,
Buchanan Franks (AZ) Linder about brain injury and PTSD, and
Burgess Gallegly Lungren, Daniel SECTION 1. SHORT TITLE.
those we have to give a lot of resources
Burton (IN) Garrett (NJ) E. This Act may be cited as the Chiropractic
mstockstill on PROD1PC66 with HOUSE

Buyer Gingrey Mack to, but 42 percent of veterans coming


Care Available to All Veterans Act.
Calvert Gohmert Manzullo to the health care system have been
SEC. 2. PROGRAM FOR PROVISION OF CHIRO-
Camp (MI) Goode Marchant presented to the VA with the needs of
PRACTIC CARE AND SERVICES TO
Campbell (CA) Goodlatte McCarthy (CA)
Cantor Granger McCaul (TX)
VETERANS. joint and back disorders.
Carter Graves McCotter Section 204(c) of the Department of Vet- This bill, the Chiropractic Care
Chabot Hall (TX) McCrery erans Affairs Health Care Programs En- Available to All Veterans Act, requires

VerDate Aug 31 2005 02:29 May 24, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.035 H23MYPT1
May 23, 2007 CONGRESSIONAL RECORD HOUSE H5669
that chiropractic services be made time, all veterans in this country can kota, limited access to chiropractic
available in not fewer than 75 VA med- access chiropractic care. care has forced many veterans to ei-
ical centers by the end of December A recent VA study indicates that the ther drive several hours to a VA med-
2009 and all the health care centers by demand for attention to back pain is ical center that offers chiropractic
the end of 2011. only increasing, and we know that services, or to not receive the chiro-
Undoubtedly the returning service- chiropractic care can address those practic care that they need.
members will be able to benefit from issues. Numerous studies have dem- So its important that veterans be
this care. I speak from experience as I onstrated that chiropractic care is an granted the same health care options
have had chiropractic care a good part effective therapy and would be an ef- as the rest of the American population,
of my life. I am confident that with ex- fective approach to low back pain, including the availability of chiro-
pansion of these services within VA, spasms, and other maladies suffered by practic services.
many veterans will be able to find re- not only all Americans but by our vet- I look forward to continue working
lief from their pain. erans in particular. with my colleagues on the Veterans
Since the creation of the VA health And so, Mr. Speaker, this is a piece of Affairs Committee to provide veterans
care system, the Nations doctors of legislation that I think will benefit all with chiropractic and other health care
chiropractic have been kept outside veterans across the country, widely services that theyve earned and de-
and all but prevented from providing supported by those veterans service or- serve.
proven, cost-effective and needed care ganizations who speak here in our Na- I ask my colleagues to support H.R.
to veterans. So we are grateful that ac- tions Capitol on behalf of veterans. 1470.
cess is becoming wider and wider. The Disabled American Veterans, the Mr. MORAN of Kansas. Mr. Speaker,
The support for VA chiropractic serv- Veterans of Foreign Wars, the Vietnam I would ask the balance of my time?
ice is bipartisan. Former Secretary of Veterans of America, AMVETS, and How much time is remaining?
Veterans Affairs Anthony Principi re- the Paralyzed Veterans of America all The SPEAKER pro tempore. The gen-
leased a policy directive before his de- speak in favor of passage H.R. 1470. tleman from Kansas has 17 minutes re-
parture several years ago regarding the Mr. Speaker, I come from a congres- maining.
true and full integration of chiro- sional district in which access to Mr. MORAN of Kansas. Mr. Speaker,
practic care in the VA. health care is a huge issue for all of my I yield 15 minutes to the gentleman
Secretary Nicholson and I have de- citizens. Long distances to travel, at- from Indiana (Mr. BUYER), former
veloped a solid working relationship, traction of health care providers to chairman of the committee and the
and chiropractic care is an area where rural communities is a challenging ranking member.
we will be working closely together. task and the more we can expand the Mr. BUYER. I thank the gentleman
Both Republican and Democratic Mem- number of providers, the type of care for yielding, and I want to thank also
bers have supported the inclusion of that can be provided, the more likely it not only you but also in particular Ms.
chiropractic care in the VA. is that veterans who live in my district HERSETH SANDLIN and Mr. MICHAUD for
I have worked very closely with and rural America will have access to their work on this bill.
chiropractic patients, particularly our that care. Im pleased to support H.R. 1470, the
veterans, as well as with various asso- So, Mr. Speaker, Im here on behalf Chiropractic Care Available to All Vet-
ciations dedicated to the profession of the veterans of America. Im here on erans Act, that would require a phased
such as the American Chiropractic As- behalf of members of the Veterans Af- implementation to provide chiro-
sociation. fairs Committee to urge my colleagues practic care in all VA medical centers
Veterans are returning home from to approve H.R. 1470, the Chiropractic by December 31, 2011.
combat expecting to receive needed Care Available to All Veterans Act. Under a policy guidance that I gave
services. Let us not disappoint them. I thank the gentleman from Cali- under the House Republican alter-
Expansion of chiropractic services is fornia for his encouragement of the native budget resolution for fiscal year
the right thing to do, and it is the least passage of this legislation. 2008, we provided an additional $100
we can do for our returning heroes. Mr. Speaker, I reserve the balance of million for veterans medical services
I urge support of H.R. 1470. my time. to support the hiring of doctors of
Mr. Speaker, I reserve the balance of Mr. FILNER. Mr. Speaker, I yield as chiropractic care at all 155 VA medical
my time. much time as she may consume to the centers. I have history dating back to
Mr. MORAN of Kansas. Mr. Speaker, gentlewoman from South Dakota (Ms. the 106th Congress for supporting
I yield myself as much time as I may HERSETH SANDLIN). chiropractic care.
consume. Ms. HERSETH SANDLIN. Mr. Speak- The Military Personnel Sub-
Mr. Speaker, there are thousands of er, I thank the gentleman for yielding, committee of the House Armed Serv-
veterans across this country who could and I do rise in strong support today of ices Committee worked to include
benefit from additional medical care H.R. 1470. chiropractic care services as a benefit
and treatment, and chiropractic care is I want to thank Chairman FILNER for in the military health facilities and
one form of that care and treatment introducing this important bill and for through TRICARE.
that we believe can be expanded to his efforts to advance it through com- VA is currently offering chiropractic
meet the health care needs of our Na- mittee. I also would like to thank care in 30 VA medical centers and pro-
tions veterans. Ranking Member BUYER and Health vides chiropractic care on a fee-for-
Its an honor for me to be here today, Subcommittee Chairman MICHAUD for service basis for veterans who are geo-
just a few days in advance of Memorial their work and support in moving the graphically distant from a VA medical
Day, in support of legislation that I be- bill through each step in the com- facility. In fiscal year 2006, the VA paid
lieve will benefit those veterans. mittee process. over $1 million to fee-based chiro-
Mr. Speaker, in the year 2002, I joined Chiropractic care has been shown to practic providers to treat roughly 3,000
my colleagues in an effort to see that be a valuable and cost-effective health veterans, and I support the passage of
chiropractic care became a significant care approach, which benefits millions this bill.
component of the VA health care deliv- of Americans. Passage of this bill is an I would also note, Mr. Speaker, that
ery system, and we have made progress important step in our efforts to broad- Im very concerned because the chair-
in that regard. And that program has en veterans access and options for man just spoke that the reason, words
been implemented, but as the chairman health care services. to the effect, that hes brought these
indicated, as the gentleman from Cali- Currently the VA is only required to seven bills to the floor is to represent
provide chiropractic services on a lim- what a grateful Nation bestows. But
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fornia indicated, its only available in


a small number of hospitals across the ited basis to veterans in each geo- what Im concerned about the seven
country. graphic service area. For veterans in bills being considered today under the
This legislation takes what was a rural parts of the country, as Mr. suspension of the rules, only one, H.R.
very good idea in 2002 and 2003 and ex- MORAN was explaining, whether its in 2199, is being considered with a bill re-
pands it to make certain that, over Kansas or my home State of South Da- port having been filed.

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H5670 CONGRESSIONAL RECORD HOUSE May 23, 2007
I believe this is yet another way in Memorial Day break, to have HEATHER discussing a bill very important to vet-
which the majority of this Veterans WILSONs bill, H.R. 1474, brought to the erans?
Affairs Committee is breaking with House floor under the suspensions. The SPEAKER pro tempore. The gen-
past practices. When you do not file a Mr. Chairman, I yield to you. tleman has not stated a point of par-
report with a bill that comes to the PARLIAMENTARY INQUIRY liamentary inquiry.
floor, you are essentially denying Mr. FILNER. Mr. Speaker, I have a Mr. FILNER. I would inform the
Members of the minority the oppor- parliamentary inquiry. ranking member that I am not going to
tunity to file supplemental, minority The SPEAKER pro tempore (Mr. respond to political debate.
and additional views on legislation CAPUANO). Does the gentleman from In- The SPEAKER pro tempore. The gen-
under House rule XI, clause 2(i). diana yield for a parliamentary in- tleman from Indiana has the time.
Since the time of Sonny Mont- quiry? Mr. BUYER. Thank you. I would
gomery, the Committee on Veterans Mr. BUYER. I would yield to the yield back to the gentleman, since he
Affairs has filed bill reports with every chairman for a parliamentary inquiry did not address a parliamentary in-
veterans bill other than resolutions and respond to the question. quiry during his question. I yield to
such as H. Res. 392 or a facility naming Mr. FILNER. Mr. Speaker, is it a re- him, if you would like to have a state-
bill; which is what Im asking for Mr. quirement that committees have to file ment.
FILNER to do to honor the recipient of reports with legislation that is very Mr. FILNER. Its your time.
the Medal of Honor with regard to the straightforward? Mr. BUYER. Pardon? I yield to the
naming of the VA medical center in Al- The SPEAKER pro tempore. The mo- chairman.
buquerque, NM, and the minority has tion to suspend the rules obviates any Well, this is pretty interesting. Its
thus had the opportunity to file views. point of order on such issues. pretty hard to run the Nations busi-
The veterans bills being considered Mr. FILNER. I thank you, and I hope ness if the chairman will not even re-
by the House today, H.R. 67, H.R. 1660, the ranking member heard that. spond to somebody on the House floor.
H.R. 612, H.R. 1470 and H.R. 2239, were Mr. BUYER. Mr. Speaker, once Its also very disappointing if, in
all ordered favorably reported, with the again, reclaiming my time, the Amer- fact, this is the way we are supposed to
exception of H.R. 1470, ordered reported ican people get to see the abuse of honor Americas veterans whereby the
from the Committee on Veterans Af- power that I have to deal with. chairman of the majority party is act-
fairs with amendments. However, the Rather than working collegially with ing like this.
chairman of the Veterans Affairs has us, with regard to filing reports, its I suppose what I should do is work
filed no bill with reports on any of just, well, we dont have to do it. Well with my good friend Mr. MICHAUD, who
them. Not only does this deprive the just bring it to the floor. It doesnt is the chairman of the Health Sub-
minority of the opportunity to file matter. Really? Is that how were committee, who has the ability to call
views, but it deprives veterans and the going to legislate? Were just going to this bill up and to mark this bill up.
rest of the interested public from hav- be sloppy about the Nations business? Obviously, even though he were to
ing important legislative history which I dont think thats a proper way of mark this up in the subcommittee, it
discusses the background of legislation paying respect to our Nations vet- would still be held at the full com-
and explains the committees intent as erans, and its very unfortunate. mittee, if the chairman wants to con-
well as the amendments. I yield to my colleague, the chairman tinue to play politics.
of the committee, to respond to my Mr. FILNER. Mr. Speaker, I yield as
b 1700 question that will you permit, under much time as she may need to the
All of this is compounded by the fact the suspension of the rules, to consider gentlelady from Florida (Ms. CORRINE
that most of these bills were ordered H.R. 474 when we return after Memo- BROWN), who has now for 15 years
reported without hearings that would rial Day break so that we may honor fought side by side with me on behalf
have provided an historical record for Raymond Jerry Murphy and rename of our Nations veterans. She is a fight-
legislation. The majority also has not the Albuquerque VA Medical Center er, and we are proud of her. You have
bothered to obtain the position of the after him. the floor, Ms. BROWN.
administration on most of these bills. Mr. Chairman, I yield to you. Ms. CORRINE BROWN of Florida.
There is no reason for taking such Mr. FILNER. Mr. Speaker, I have a First of all, let me thank Chairman
shortcuts. I would have filed additional parliamentary inquiry. FILNER for shepherding the bills that
views on H.R. 1660, in particular, if the The SPEAKER pro tempore. Does the we have here on the floor, for bringing
opportunity had been available. These gentleman from Indiana yield for a these bills to the floor on this date.
are not expedited pieces of legislation parliamentary inquiry? Mr. Speaker, I have been on Vet-
involving an emergency situation. Mr. BUYER. I do not yield for a par- erans Affairs for 15 years, and as we
There has been ample time to follow liamentary inquiry. I think the pur- approach Memorial Day, we do it to
the customary regular order and do pose of my yielding to the chairman honor our veterans. The entire time I
that which is right. was to get a good response, whereby we have been proud to be on this com-
We will now be at a disadvantage have criteria, before the committee, mittee, because it is what we do for our
when conferring with the Senate. I with regard to how we name VA med- veterans.
fully expect the House to pass these ical centers. One of the things, Mr. BUYER, that I
bills overwhelmingly, but it is not a There is an individual, all the cri- have enjoyed about serving on this
good way to legislate on behalf of our teria have been satisfied, and I asked a committee is that it has always been
Nations veterans. very simple question of the chairman, bipartisan. We have always worked to-
I understand all the committees op- if he would suspend the rules and bring gether for the veterans in this country,
erate under the suspension of the rules it to the floor. I have written him and we need to continue to do that.
to bring legislation to the floor. I wish twice. He doesnt respond to the let- As we move into this Memorial Day,
that there were a collegial relationship ters. It has passed the Senate. A bill and I think about what I have to do
between the chairman and the ranking lays upon the desk, and I asked a very next Monday, when I go home, to face
member. It does not exist, unfortu- simple question. those families, we need to be honoring
nately. All he wants to do is a parliamentary them today here on the floor of the
If, in fact, he would confer and work inquiry. So maybe we will be enlight- House of Representatives.
with us, we wouldnt have to work ened if I let him do a parliamentary in- If we have any personal matters, it
these things out or make an attempt to quiry. needs to be taken up at that particular
work these things out on the House Mr. Chairman, I yield to you for a
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time and not here on the floor of the


floor. parliamentary inquiry. House of Representatives.
Once again, I will make an attempt, PARLIAMENTARY INQUIRY Earlier today I had the privilege of
and I will ask Chairman FILNER if he Mr. FILNER. Mr. Speaker, am I re- joining the Congressional Womens
would call up HEATHER WILSONs bill quired to engage in political debate Caucus at the Women in Military Serv-
and allow us, when we return after the with the ranking member when we are ice for America Memorial at Arlington

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5671
National Cemetery. Earlier today we TRAUMATIC BRAIN INJURY (3) is unable to manage routine activities
honored four members of the United HEALTH ENHANCEMENT AND of daily living without supervision or assist-
States Armed Forces, and it was my LONG-TERM SUPPORT ACT OF ance.
(d) REPORT.Not later than one year
privilege to be there. The late Con- 2007 after the date of the enactment of this sec-
gresswoman Juanita Millender-McDon- Mr. FILNER. Mr. Speaker, I move to tion, and annually thereafter, the Secretary
ald, a key member in the Womens Cau- suspend the rules and pass the bill shall submit to the Committees on Veterans
cus, was instrumental in organizing (H.R. 2199) to amend title 38, United Affairs of the Senate and the House of Rep-
this years celebration. resentatives a report containing the fol-
States Code, to direct the Secretary of
lowing information:
It wasnt until 1971 that the last Veterans Affairs to provide certain im- (1) A description of the operation of the
Monday in May became the official na- provements in the treatment of indi- program.
tional holiday, as we know today, as viduals with traumatic brain injuries, (2) The number of veterans provided care
Memorial Day. The day itself was born and for other purposes, as amended. under the program during the year preceding
from the tragedy of the Civil War when The Clerk read the title of the bill. such report.
soldiers and family members in the The text of the bill is as follows: (3) The annual cost of operating the pro-
North and the South decorated the H.R. 2199 gram.
graves of fallen soldiers with flowers. Be it enacted by the Senate and House of Rep- 1793. Traumatic brain injury transition of-
resentatives of the United States of America in fices
In 1868, seeking to formalize this
Congress assembled, (a) ESTABLISHMENT.The Secretary shall
touching tribute, General John Logan,
SECTION 1. SHORT TITLE. establish a traumatic brain injury transition
Commander in Chief of the Grand office at each Department polytrauma net-
Army of the Republic, issued General This Act may be cited as the Traumatic
Brain Injury Health Enhancement and Long- work site for the purposes of coordinating
Order Number 11 designating May 30, the provision of health-care and services to
Term Support Act of 2007.
1868, as Decoration Day, for the pur- SEC. 2.
SCREENING, REHABILITATION, AND
veterans who suffer from moderate to severe
pose of laying flowers and decorating TREATMENT FOR TRAUMATIC BRAIN
traumatic brain injuries and are in need of
graves of those who died in the defense INJURY. health-care and services not immediately of-
of their country, our great country. (a) SCREENING, REHABILITATION, AND
fered by the Department.
(b) COOPERATIVE AGREEMENTS.The Sec-
All together, these bills move bene- TREATMENT FOR TRAUMATIC BRAIN INJURY.
retary, through each such office established
(1) IN GENERAL.Chapter 17 of title 38,
fits for veterans into the 21st century. under subsection (a), shall have the author-
United States Code, is amended by adding at
From extending the eligible period for ity to arrange for the provision of health-
the end the following new subchapter:
health care for combat service in the care and services through cooperative agree-
SUBCHAPTER IXTRAUMATIC BRAIN ments with appropriate public or private en-
Persian Gulf to treating of trauma, INJURY tities that have established long-term
brain injury, vocational rehabilitation 1791. Screening for traumatic brain inju- neurobehavioral rehabilitation and recovery
benefits, chiropractic benefits and out- ries programs.
reach activities at the VA, finally to (a) SCREENING PROGRAM.The Secretary 1794. Traumatic brain injury registry
deal with the final resting place for shall establish a program to screen veterans (a) IN GENERAL.The Secretary shall es-
those who have sacrificed for the free- who are eligible for hospital care, medical tablish and maintain a registry to be known
dom of this Nation, these bills and this services, and nursing home care under sec- as the Traumatic Brain Injury Veterans
House honor our Nations veterans. tion 1710(e)(1)(D) of this title for symptoms Health Registry (in this section referred to
I support all of these bills, and I urge of traumatic brain injury. as the Registry).
(b) REPORT.Not later than one year (b) DESCRIPTION.The Registry shall in-
my colleagues to support them as well. after the date of the enactment of this sec- clude the following information:
Let us all honor the veterans who have tion, and annually thereafter, the Secretary (1) A list containing the name of each in-
done so much for us and these families shall submit to the Committees on Veterans dividual who served as a member of the
as we go into Memorial Day. Affairs of the Senate and the House of Rep- Armed Forces in Operation Enduring Free-
God bless America. resentatives a report containing the fol- dom or Operation Iraqi Freedom who exhib-
lowing information: its symptoms associated with traumatic
Mr. MORAN of Kansas. Mr. Speaker, (1) The number of veterans screened brain injury and who
I yield back the balance of my time. under the program during the year preceding (A) applies for care and services from the
GENERAL LEAVE such report. Department under this chapter; or
(2) The prevalence of traumatic brain in- (B) files a claim for compensation under
Mr. FILNER. Mr. Speaker, I ask
jury symptoms among the veterans screened chapter 11 of this title on the basis of any
unanimous consent that all Members under the program. disability which may be associated with such
may have 5 legislative days in which to (3) Recommendations for improving care service; and
revise and extend their remarks and to and services to veterans exhibiting symp- (2) any relevant medical data relating to
include extraneous material on H.R. toms of traumatic brain injury. the health status of an individual described
1470. 1792. Comprehensive program for long- in paragraph (1) and any other information
The SPEAKER pro tempore. Is there term traumatic brain injury rehabilitation the Secretary considers relevant and appro-
objection to the request of the gen- (a) COMPREHENSIVE PROGRAM.The Sec- priate with respect to such an individual if
retary shall develop and carry out a com- the individual
tleman from California?
prehensive program of long-term care for (A) grants permission to the Secretary to
There was no objection. include such information in the Registry; or
post-acute traumatic brain injury rehabilita-
Mr. FILNER. Mr. Speaker, I yield tion that includes residential, community, (B) is deceased at the time such indi-
back the balance of my time. and home-based components utilizing inter- vidual is listed in the Registry.
disciplinary treatment teams. (c) NOTIFICATION.The Secretary shall
The SPEAKER pro tempore. The notify individuals listed in the Registry of
question is on the motion offered by (b) LOCATION OF PROGRAM.The Secretary
shall carry out the program developed under significant developments in research on the
the gentleman from California (Mr. health consequences of military service in
subsection (a) in four geographically dis-
FILNER) that the House suspend the persed polytrauma network sites designated the Operation Enduring Freedom and Oper-
rules and pass the bill, H.R. 1470. by the Secretary. ation Iraqi Freedom theaters of operations.
The question was taken. (c) ELIGIBILITY.A veteran is eligible for 1795. Centers for traumatic brain injury re-
care under the program developed under sub- search, education, and clinical activities
The SPEAKER pro tempore. In the
opinion of the Chair, two-thirds being section (a) if the veteran is otherwise eligi- (a) PURPOSE.The purpose of this section
ble for care under this chapter and is to provide for the improvement of the pro-
in the affirmative, the ayes have it. (1) served on active duty in a theater of vision of health care to eligible veterans
Mr. FILNER. Mr. Speaker, on that I combat operations (as determined by the with traumatic brain injuries through
demand the yeas and nays. Secretary in consultation with the Secretary (1) the conduct of research (including re-
The yeas and nays were ordered. of Defense) during a period of war after the search on improving facilities of the Depart-
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Persian Gulf War, or in combat against a ment concentrating on traumatic brain in-
The SPEAKER pro tempore. Pursu-
hostile force during a period of hostilities (as jury care and on improving the delivery of
ant to clause 8 of rule XX and the defined in section 1712A(a)(2)(B) of this title) traumatic brain injury care by the Depart-
Chairs prior announcement, further after November 11, 1998; ment);
proceedings on this question will be (2) is diagnosed as suffering from mod- (2) the education and training of health
postponed. erate to severe traumatic brain injury; and care personnel of the Department; and

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H5672 CONGRESSIONAL RECORD HOUSE May 23, 2007
(3) the development of improved models through regular rotation through the par- established pursuant to this section and
and systems for the furnishing of traumatic ticipating Department facilities so as to pro- shall provide for ongoing evaluation of the
brain injury care by the Department. vide such residents with training in the diag- centers and their compliance with the re-
(b) ESTABLISHMENT OF CENTERS.(1) The nosis and treatment of traumatic brain in- quirements of this section.
Secretary shall establish and operate centers jury. (i) AUTHORIZATION OF APPROPRIATIONS.
for traumatic brain injury research, edu- (2) An arrangement under which nursing, (1) There are authorized to be appropriated
cation, and clinical activities. Such centers social work, counseling, or allied health per- to the Department of Veterans Affairs for
shall be established and operated by collabo- sonnel receive training and education in the basic support of the research and edu-
rating Department facilities as provided in traumatic brain injury care through regular cation and training activities of centers es-
subsection (c)(1). Each such center shall rotation through the participating Depart- tablished pursuant to this section such sums
function as a center for ment facilities. as may be necessary.
(A) research on traumatic brain injury; (3) The ability to attract scientists who (2) In addition to funds appropriated for a
(B) the use by the Department of specific fiscal year pursuant to the authorization of
have demonstrated achievement in re-
models for furnishing traumatic brain injury appropriations in paragraph (1), the Under
search
care; Secretary for Health shall allocate to such
(A) into the evaluation of innovative ap-
(C) education and training of health-care centers from other funds appropriated for
proaches to the design of traumatic brain in-
professionals of the Department; and that fiscal year generally for the Depart-
jury care; or ment of Veterans Affairs medical services
(D) the development and implementation (B) into the causes, prevention, and treat-
of innovative clinical activities and systems account and the Department of Veterans Af-
ment of traumatic brain injury. fairs medical and prosthetics research ac-
of care with respect to the delivery of trau- (4) The capability to evaluate effectively count such amounts as the Under Secretary
matic brain injury care by the Department. the activities of the center, including activi-
(2) The Secretary shall, upon the rec- for Health determines appropriate to carry
ties relating to the evaluation of specific ef- out the purposes of this section.
ommendation of the Under Secretary for forts to improve the quality and effective- (j) ANNUAL REPORTS.Not later than Feb-
Health, designate the centers under this sec- ness of traumatic brain injury care provided ruary 1 of each of year, the Secretary of Vet-
tion. In making such designations, the Sec- by the Department at or through individual erans Affairs shall submit to the Committees
retary shall ensure that the centers des- facilities. on Veterans Affairs of the Senate and House
ignated are located in various geographic re- (e) PEER REVIEW PANEL.(1) In order to of Representatives a report on the status and
gions of the United States. The Secretary provide advice to assist the Secretary and activities of the centers for traumatic brain
may designate a center under this section the Under Secretary for Health to carry out injury research, education, and clinical ac-
only if their responsibilities under this section, the tivities during the preceding fiscal year.
(A) the proposal submitted for the des- official within the central office of the Vet- Each such report shall include the following:
ignation of the center meets the require- erans Health Administration responsible for (1) A description of the activities carried
ments of subsection (c); traumatic brain injury care shall establish a out at each center and the funding provided
(B) the Secretary makes the finding de- peer review panel to assess the scientific and by the Department for such activities.
scribed in subsection (d); and clinical merit of proposals that are sub- (2) A description of the advances made at
(C) the peer review panel established mitted to the Secretary for the designation each of the participating facilities of the
under subsection (e) makes the determina- of centers under this section. center in research, education and training,
tion specified in subsection (e)(3) with re- (2) The panel shall consist of experts in and clinical activities relating to traumatic
spect to that proposal. the fields of traumatic brain injury research, brain injury care and treatment.
(3) Not more than five centers may be education and training, and clinical care. (3) A description of the actions taken by
designated under this section. Members of the panel shall serve as consult- the Under Secretary for Health pursuant to
(4) The authority of the Secretary to es- ants to the Department. subsection (g) to disseminate information
tablish and operate centers under this sec- (3) The panel shall review each proposal derived from such activities throughout the
tion is subject to the appropriation of funds submitted to the panel by the official re- Veterans Health Administration.
for that purpose. ferred to in paragraph (1) and shall submit to
(c) PROPOSALS FOR DESIGNATION OF CEN- (4) The evaluation of the Secretary as to
that official its views on the relative sci- the effectiveness of the centers in fulfilling
TERS.A proposal submitted for the designa- entific and clinical merit of each such pro-
tion of a center under this section shall the purposes of this section.
posal. The panel shall specifically determine (k) AUTHORIZATION OF APPROPRIATIONS.
(1) provide for close collaboration in the with respect to each such proposal whether (1) There are authorized to be appropriated
establishment and operation of the center, that proposal is among those proposals to the Department of Veterans Affairs for
and for the provision of care and the conduct which have met the highest competitive the basic support of the research and edu-
of research and education at the center, by a standards of scientific and clinical merit. cation and training activities of centers es-
Department facility or facilities in the same (4) The panel shall not be subject to the tablished pursuant to this section amounts
geographic area which have a mission cen- Federal Advisory Committee Act (5 U.S.C. as follows:
tered on traumatic brain injury care and a App.). (A) $10,000,000 for fiscal year 2008.
Department facility in that area which has a (f) AWARD OF FUNDING.Clinical and sci- (B) $20,000,000 for each of fiscal years 2009
mission of providing tertiary medical care; entific investigation activities at each cen- through 2011.
(2) provide that no less than 50 percent of ter established under this section (2) In addition to funds appropriated for a
the funds appropriated for the center for sup- (1) may compete for the award of funding fiscal year pursuant to the authorization of
port of clinical care, research, and education from amounts appropriated for the Depart- appropriations in paragraph (1), the Under
will be provided to the collaborating facility ment of Veterans Affairs medical and pros- Secretary for Health shall allocate to such
or facilities that have a mission centered on thetics research account; and centers from other funds appropriated for
traumatic brain injury care; and (2) shall receive priority in the award of that fiscal year generally for the Depart-
(3) provide for a governance arrangement funding from such account insofar as funds ment of Veterans Affairs medical services
between the collaborating Department facili- are awarded to projects and activities relat- account and the Department of Veterans Af-
ties which ensures that the center will be es- ing to traumatic brain injury. fairs medical and prosthetics research ac-
tablished and operated in a manner aimed at (g) DISSEMINATION OF USEFUL INFORMA- count such amounts as the Under Secretary
improving the quality of traumatic brain in- TION.The Under Secretary for Health shall for Health determines appropriate to carry
jury care at the collaborating facility or fa- ensure that information produced by the re- out the purposes of this section.
cilities which have a mission centered on search, education and training, and clinical 1796. Committee on Care of Veterans with
traumatic brain injury care. activities of centers established under this Traumatic Brain Injury
(d) FINDING OF SECRETARY.The finding section that may be useful for other activi- (a) ESTABLISHMENT.The Secretary shall
referred to in subsection (b)(2)(B) with re- ties of the Veterans Health Administration establish in the Veterans Health Administra-
spect to a proposal for designation of a site is disseminated throughout the Veterans tion a committee to be known as the Com-
as a location of a center under this section is Health Administration. Such dissemination mittee on Care of Veterans with Traumatic
a finding by the Secretary, upon the rec- shall be made through publications, through Brain Injury. The Under Secretary for
ommendation of the Under Secretary for programs of continuing medical and related Health shall appoint employees of the De-
Health, that the facilities submitting the education provided through regional medical partment with expertise in the care of vet-
proposal have developed (or may reasonably education centers under subchapter VI of erans with traumatic brain injury to serve
be anticipated to develop) each of the fol- chapter 74 of this title, and through other on the committee.
lowing: means. Such programs of continuing medical (b) RESPONSIBILITIES OF COMMITTEE.The
(1) An arrangement with an accredited education shall receive priority in the award committee shall assess, and carry out a con-
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medical school that provides education and of funding. tinuing assessment of, the capability of the
training in traumatic brain injury care and (h) SUPERVISION OF CENTERS.The official Veterans Health Administration to meet ef-
with which one or more of the participating within the central office of the Veterans fectively the treatment and rehabilitation
Department facilities is affiliated under Health Administration responsible for trau- needs of veterans with traumatic brain in-
which medical residents receive education matic brain injury care shall be responsible jury. In carrying out that responsibility, the
and training in traumatic brain injury care for supervising the operation of the centers committee shall

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5673
(1) evaluate the care provided to such vet- 1796. Committee on Care of Veterans with amended by inserting after the item related
erans through the Veterans Health Adminis- Traumatic Brain Injury.. to section 1712B the following new item:
tration; (b) EFFECTIVE DATE.The Secretary shall 1712C. Pilot program for delivery of certain
(2) identify systemwide problems in car- implement the requirements of subchapter services through mobile Vet
ing for such veterans in facilities of the Vet- IX of title 38, United States Code, as added Centers..
erans Health Administration; by subsection (a), not later than 180 days SEC. 4. ADVISORY COMMITTEE ON RURAL VET-
(3) identify specific facilities within the after the date of the enactment of this Act. ERANS.
Veterans Health Administration at which SEC. 3. PILOT PROGRAM FOR DELIVERY OF CER- (a) ESTABLISHMENT OF COMMITTEE.Sub-
program enrichment is needed to improve TAIN SERVICES TO VETERANS chapter III of chapter 5 of title 38, United
treatment and rehabilitation of such vet- THROUGH MOBILE VET CENTERS.
States Code, is amended by adding at the end
erans; and (a) PILOT PROGRAM.Chapter 17 of title 38, the following new section:
(4) identify model programs which the United States Code, is amended by inserting
546. Advisory Committee on Rural Vet-
committee considers to have been successful after section 1712B the following new section:
erans
in the treatment and rehabilitation of such 1712C. Pilot program for delivery of cer-
(a) ESTABLISHMENT.(1) The Secretary
veterans and which should be implemented tain services through mobile Vet Centers
shall establish an advisory committee to be
more widely in or through facilities of the (a) PILOT PROGRAM.To improve access known as the Advisory Committee on Rural
Veterans Health Administration. to mental health services in rural areas, the
(c) ADVICE AND RECOMMENDATIONS.The Veterans (hereinafter in this section re-
Secretary shall carry out a pilot program ferred to as the Committee).
committee shall under which the Secretary shall provide re- (2)(A) The Committee shall consist of
(1) advise the Under Secretary regarding adjustment counseling, related mental members appointed by the Secretary from
the development of policies for the care and health services, benefits outreach, and, to the general public, including
rehabilitation of veterans with traumatic the extent practicable, assistance with (i) representatives of rural veterans;
brain injury; and claims for benefits under this title through (ii) individuals who are recognized au-
(2) make recommendations to the Under the use of mobile centers (as that term is de- thorities in fields pertinent to the needs of
Secretary fined in section 1712A(i)(1)), to be known as rural veterans, including specific or unique
(A) for improving programs of care of mobile Vet Centers. In carrying out the health-care needs of rural veterans and ac-
such veterans at specific facilities and pilot program, the Secretary shall determine cess issues of rural veterans;
throughout the Veterans Health Administra- the most effective manner in which to oper- (iii) individuals who have expertise in the
tion; ate the mobile Vet Centers. delivery of mental health care in rural areas;
(B) for establishing special programs of (b) SCOPE AND LOCATION.(1) The Sec- (iv) individuals who have expertise in the
education and training relevant to the care retary shall establish two mobile Vet Cen- delivery of long-term care in rural areas;
of such veterans for employees of the Vet- ters in each of the following five Veterans (v) at least one veterans service organiza-
erans Health Administration; Integrated Service Networks: tion representative from a rural State; and
(C) regarding research needs and prior- (A) Veterans Integrated Service Network (vi) representatives of rural veterans with
ities relevant to the care of such veterans; 1. service-connected disabilities.
and (B) Veterans Integrated Service Network (B) The Committee shall include, as ex
(D) regarding the appropriate allocation 16. officio members
of resources for all such activities. (C) Veterans Integrated Service Network (i) the Secretary of Health and Human
(d) ANNUAL REPORT.Not later than June 19. Services (or a representative of the Sec-
1 of 2008, and each subsequent year, the Sec- (D) Veterans Integrated Service Network retary of Health and Human Services des-
retary shall submit to the Committees on 20.
Veterans Affairs of the Senate and House of ignated by that Secretary);
(E) Veterans Integrated Service Network (ii) the Director of the Indian Health
Representatives a report on the implementa- 23.
tion of this section. Each such report shall Service (or a representative of that Direc-
(2) Within each Veterans Integrated Serv- tor); and
include the following for the calendar year ice Network under paragraph (1), the Sec-
preceding the year in which the report is (iii) the Under Secretary for Health and
retary shall determine the area to be serv- the Under Secretary for Benefits, or their
submitted: iced by each mobile Vet Center. In making
(1) A list of the members of the com- designees.
that determination, the Secretary shall give (C) The Secretary may invite representa-
mittee. priority to areas in which limited mental
(2) The assessment of the Under Secretary tives of other departments and agencies of
health and outreach services are available. the United States to participate in the meet-
for Health, after review of the initial find- (3) If the Secretary determines that mo- ings and other activities of the Committee.
ings of the committee, regarding the capa- bile Vet Centers in addition to such centers (3) The Secretary shall determine the
bility of the Veterans Health Administra- required under paragraph (1) are warranted, number, terms of service, and pay and allow-
tion, on a systemwide and facility-by-facil- the Secretary may establish additional mo- ances of members of the Committee ap-
ity basis, to meet effectively the treatment bile Vet Centers and may establish such cen- pointed by the Secretary, except that a term
and rehabilitation needs of veterans with ters in Veterans Integrated Service Net- of service of any such member may not ex-
traumatic brain injury. works other than the Veterans Integrated ceed three years. The Secretary may re-
(3) The plans of the committee for further Service Networks referred to in that para- appoint any such member for additional
assessments. graph. Upon such a determination by the terms of service.
(4) The findings and recommendations Secretary, the Secretary shall notify the (b) RESPONSIBILITIES OF COMMITTEE. The
made by the committee to the Under Sec- Committees on Veterans Affairs of the Sen- Secretary shall, on a regular basis, consult
retary for Health and the views of the Under ate and House of Representatives of such de- with and seek the advice of the Committee
Secretary on such findings and recommenda- termination. with respect to the administration of bene-
tions. (c) TERMINATION.The authority to carry fits by the Department for rural veterans, re-
(5) A description of the steps taken, plans out a pilot program under this section shall ports and studies pertaining to rural vet-
made (and a timetable for the execution of terminate on the date that is three years erans, and the needs of rural veterans with
such plans), and resources to be applied to- after the date of the enactment of this sec- respect to primary care, mental health care,
ward improving the capability of the Vet- tion. and long-term care needs of rural veterans.
erans Health Administration to meet effec- (d) REPORT.Not later than 90 days after (c) REPORT.(1) Not later than September
tively the treatment and rehabilitation the date on which the pilot program termi- 1 of each odd-numbered year until 2013, the
needs of veterans with traumatic brain in- nates under subsection (a), the Secretary Committee shall submit to the Secretary a
jury.. shall submit to the Committees on Veterans report on the programs and activities of the
(2) CLERICAL AMENDMENT.The table of Affairs of the Senate and House of Rep- Department that pertain to rural veterans.
contents at the beginning of such chapter is resentatives a report on the pilot program. Each such report shall include
amended by adding at the end the following Such report shall describe how the Secretary (A) an assessment of the needs of rural
new items: established and carried out the pilot pro- veterans with respect to primary care, men-
SUBCHAPTER IXTRAUMATIC BRAIN INJURY gram and include an evaluation of the Sec- tal health care, and long-term care needs of
1791. Screening for traumatic brain inju- retary of the benefits and disadvantages of rural veterans and other benefits and pro-
ries. providing readjustment counseling, related grams administered by the Department;
1792. Comprehensive program for long-term mental health services, benefits outreach, (B) a review of the programs and activi-
traumatic brain injury rehabili- and claims assistance through the use of mo- ties of the Department designed to meet
tation. bile Vets Centers. such needs; and
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1793. Traumatic brain injury transition of- (e) AUTHORIZATION OF APPROPRIATIONS. (C) such recommendations (including rec-
fices. There is authorized to be appropriated to ommendations for administrative and legis-
1794. Traumatic brain injury registry. carry out this section $7,500,000 for fiscal lative action) as the Committee considers
1795. Centers for traumatic brain injury re- year 2008 and each subsequent fiscal year.. appropriate.
search, education, and clinical (b) CLERICAL AMENDMENT.The table of (2) The Secretary shall, within 60 days
activities. sections at the beginning of such chapter is after receiving each report under paragraph

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H5674 CONGRESSIONAL RECORD HOUSE May 23, 2007
(1), submit to Congress a copy of the report, postacute traumatic brain injury reha- cation, and clinical activities. During
together with any comments concerning the bilitation at four geographically dis- the 108th Congress, we recognized the
report that the Secretary considers appro- bursed polytrauma network sites. It frequency and unique nature of the
priate.
(3) The Committee may also submit to
provides for the establishment of TBI polytrauma/blast injuries resulting
the Secretary such other reports and rec- transition offices at each Department from the global war on terror. These
ommendations as the Committee considers polytrauma network site to coordinate injuries require an interdisciplinary
appropriate. health care and services to veterans program to handle the medical, psycho-
(4) The Secretary shall submit with each who suffer from moderate to severe logical, rehabilitation, and prosthetic
annual report submitted to Congress pursu- traumatic brain injuries. It requires needs of the injured servicemember.
ant to section 529 of this title a summary of the Secretary to establish a registry of Public Law 108422, the Veterans
all reports and recommendations of the Com-
those who served in Iraq who exhibit Health Programs Improvement Act of
mittee submitted to the Secretary since the
previous annual report of the Secretary sub- symptoms associated with TBI. 2004, directed VA to establish an ap-
mitted pursuant to that section.. This legislation establishes centers propriate number of centers for re-
(b) CLERICAL AMENDMENT.The table of for TBI research, education and clin- search, education, and clinical activi-
sections at the beginning of such chapter is ical activities, and requires the Sec- ties to improve and coordinate reha-
amended by adding at the end the following retary to establish a committee on the bilitative services for veterans suf-
new item: care of veterans with TBI. In addition fering from complex multitrauma from
546. Advisory Committee on Rural Vet- to the provisions that address health combat injuries, and to coordinate
erans.. care, research and treatment for vet- these services with the Department of
The SPEAKER pro tempore. Pursu- erans, this legislation also provides for Defense.
ant to the rule, the gentleman from veterans who reside in rural areas. The centers required in Public Law
California (Mr. FILNER) and the gen- Mr. Speaker, it is a very important 108422 became the Polytrauma System
tleman from Indiana (Mr. BUYER) each bill. We will hear soon from Mr. of Care. There are four centers located
will control 20 minutes. MICHAUD, the chairman of our Health in Richmond, VA; Tampa, FL; Min-
The Chair recognizes the gentleman Subcommittee, who was the primary neapolis, MN; and Palo Alto, CA. The
from California. author of this, who has been a leader to committee strongly recommends that
Mr. FILNER. Mr. Speaker, I yield make sure that we serve the veterans the new TBI centers be colocated with
myself 3 minutes. who come back with these incredible the VAs polytrauma rehabilitation
Mr. Speaker, I would point out this is injuries, that they receive the proper centers. In this way, we can capitalize
one of the most important bills on the care that they need. on the experience and expertise avail-
floor today or at any time. Its called Mr. Speaker, I reserve the balance of able at the polytrauma centers and en-
the Traumatic Brain Injury Health En- my time. hance the ability to understand and
hancement and Long-Term Support Mr. BUYER. Mr. Speaker, I yield my- treat the entire spectrum of the TBI
Act of 2007. self such time as I may consume. injury from mild to most severe.
The wounded from wars in Afghani- Let me first take this opportunity to I want to thank Mr. MICHAUD for rec-
stan and Iraq are returning with mul- thank the chairman of the Sub- ognizing that we can actually get some
tiple injuries due to the use of impro- committee on Health, Mr. MICHAUD, as benefits by the colocation of these
vised explosive devices, or IEDs. This well as the subcommittees ranking services where TBI is already located.
often results in servicemembers and member, Mr. MILLER, for their leader- Because we take and concentrate such
veterans needing polytrauma care, and ship in developing this legislation. expertise, the colocation can only have
has caused an increase in veterans with H.R. 2199, as amended, the Traumatic benefits. And the gentleman worked
brain injury, or TBI. Brain Injury Health Enhancement and with me, and I think because TBI have
We are going to have tens of thou- Long-Term Support Act of 2007, seeks a number of comorbidities such as
sands of these young men and women to improve the treatment of veterans PTSD, depression, anxiety disorders,
with these injuries. Among veterans suffering with traumatic brain injuries, and while these issues may appear with
and servicemembers that return from often referred to as TBI, and the care TBI, they may also exhibit themselves
OEF and OIF and treated at Walter for veterans who live in rural commu- separately from TBI, and I think that
Reed for injuries of any type, approxi- nities. is exactly what Mr. MICHAUD is trying
mately 65 percent have TBI or a co- to get to. So I want to thank the gen-
morbid, as they call it, diagnosis. Sur- b 1715
tleman for his leadership and for bring-
vivors of TBI experience physical, cog- However, I would comment that sev- ing this bill to the committee, along
nitive, emotional and community inte- eral of the provisions included in this with your staff, for their good work.
gration issues. Because of their injury, legislation are similar to initiatives Mr. Speaker, I reserve the balance of
their capacity and initiative to seek that already exist or are getting under- my time.
appropriate care on their own is dimin- way. For example, section 2 of the bill Mr. FILNER. Mr. Speaker, I recog-
ished. would require the VA to screen eligible nize the chairman of our subcommittee
We are also faced with thousands of veterans for symptoms of traumatic who has taken such a great leadership
veterans returning from Iraq and Af- brain injury and create a TBI registry. role on these issues, the gentleman
ghanistan with milder cases of brain These are also the recommendations of from Maine (Mr. MICHAUD) for 4 min-
injury. This milder case often is missed the Presidents task force on returning utes.
and goes untreated, and symptoms may global war on terror heroes. In addi- Mr. MICHAUD. Mr. Speaker, I thank
often mirror that of PTSD. Indeed, ac- tion, in March 2007, Secretary Nichol- the chairman for yielding.
cording to the Defense and Veterans son directed a number of changes to H.R. 2199 is a bipartisan effort to ad-
Brain Injury Center, in prior military improve the way the VA provides care dress the challenges presented by trau-
conflicts, TBI was present in up to 14 to our newest combat veterans. matic brain injury and to improve the
to 20 percent of surviving casualties. These veterans initiatives include quality of care for our rural veterans.
The numbers for operations in OEF/OIF screening all OEF and OIF combat pa- TBI is considered to be the signature
are predicted to go much, much higher. tients for TBI and for PTSD; providing wound of this war. TBI is complex and
We must ensure that the health care each polytrauma patient with an advo- frequently overlooked or misdiagnosed.
and services that meet the needs of re- cate to assist them and their family; We also have very little under-
turning servicemembers are available mandatory training for all VA health standing of the long-term consequences
and accessible, while never forgetting care personnel to recognize and care of TBI. We must make sure that the
the needs of veterans from previous for patients with TBI; and establishing
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VA is doing all they can to provide for


conflicts. This bill provides for manda- an outside panel of clinical experts to these wounded soldiers. This is only
tory screening of veterans for trau- review the VA polytrauma system of the beginning, we still have more work
matic brain injury. It requires the Sec- care. to do, but this is a good first step.
retary to establish a comprehensive Additionally, the bill would provide H.R. 2199 also includes two provisions
program of long-term care, of five new centers for TBI research, edu- to improve the quality of care provided

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5675
to our rural veterans. With so many Mr. FILNER, but he did his committee Mr. BUYER. Mr. Speaker, I reserve
veterans from Iraq and Afghanistan work. He filed a report which allowed the balance of my time.
living in rural areas, and an already ex- us to work with him. When you dont Mr. FILNER. Mr. Speaker, we have
isting population of older veterans in file a report, you deny the minority had many people contribute to this leg-
these areas, we need to explore innova- their opportunity to be heard. islation, as Mr. MICHAUD said. I would
tive ways to improve VA accessibility So I want to thank Mr. MICHAUD for like to recognize a great new Member
and quality of care, especially on men- working with us and for his leadership. from Indiana who has worked hard on
tal health issues. You heard both from Mr. Speaker, I yield such time as he this legislation, Mr. DONNELLY, for 2
the chairman and ranking member as may consume to the gentleman from minutes.
far as what this legislation does. Arkansas (Mr. BOOZMAN). Mr. DONNELLY. Mr. Speaker, I rise
I would like to recognize the hard Mr. BOOZMAN. The only thing I today in strong support of H.R. 2199.
work of a group of Members on both would say is that, again, I am very Mr. Speaker, this bill will help us
sides of the aisle who helped craft this much in support of the bill and I appre- better care for Americas wounded war-
legislation. This truly is bipartisan leg- ciate the leadership that was shown, as riors suffering from traumatic brain in-
islation. I do want to start with my Mr. BUYER just said, in getting the bill jury, the signature wound of the Iraq
good friend, Mr. MILLER of Florida, forward. I think it is a great example and Afghanistan wars. This important
who is the ranking member of the of everybody working together which, legislation will require the VA to bet-
Health Care Subcommittee, who has again, our committee very often does ter screen veterans for symptoms of
been extremely helpful in getting this demonstrate. So I am very much in TBI, devise a long-term care strategy,
legislation introduced and moved support, and urge a yes vote. and promote better understanding of
Mr. FILNER. Mr. Speaker, I yield 114 TBI and how we can provide the best
through the full committee; also, Mr.
minutes to the chairwoman of our Eco- care possible.
ALTMIRE of Pennsylvania, who has
nomic Opportunity Subcommittee, the I also want to thank my good friend,
taken a real leadership role in trau-
gentlelady from South Dakota, STEPH- Mr. MICHAUD, for including my bill,
matic brain injury, and for his focus on
ANIE HERSETH SANDLIN. H.R. 2190, establishing an advisory
TBI with his legislation, H.R. 1944, Ms. HERSETH SANDLIN. Mr. Speak-
which is included in H.R. 2199; Mr. committee on rural veterans, as a pro-
er, I thank the gentleman for yielding.
WALZ of Minnesota, for his legislation vision of this legislation.
Mr. Speaker, I rise in strong support
to establish centers for TBI research, Mr. Speaker, over 40 percent of re-
of H.R. 2199, the Traumatic Brain In-
education, and clinical activities, turning Iraq and Afghanistan veterans
jury Health Enhancement and Long-
which are now also included in H.R. are coming home to rural commu-
Term Support Act. I would like to
2199, who also served on the Veterans nities, and countless older veterans
thank the chairman of the Veterans
Affairs Committee; and Mr. MCNERNEY Affairs Health Subcommittee, Mr. live in rural America, places like Pu-
of California, his legislation was in- MICHAUD, for introducing this impor- laski County and Starke County, Indi-
cluded in H.R. 2199 to create the Com- tant bill, and to thank Chairman FIL- ana. The health care needs and services
mittee on Care for Veterans with TBI; NER and the ranking member for their
rural veterans require are very, very
Mr. DONNELLY, who sits on the Vet- support of this legislation. unique. These veterans often have in-
erans Affairs Committee, of Indiana, Among other provisions, H.R. 2199 re- creased barriers to obtaining the same
for his bill which was included in sec- quires screening of veterans for TBI, quality of care as their urban and sub-
tion 4 of H.R. 2199, to create an advi- establishes a comprehensive program urban counterparts. We must do better
sory committee on rural veterans; Mr. for long-term TBI rehabilitation to be by them.
WELCH of Vermont, for his bill and ef- located at the polytrauma centers, and It is critical that the VA have direct
forts to establish a pilot program for creates TBI transition offices at each input from rural veterans at the high-
mobile vet centers, which are ex- of the polytrauma network sites. In ad- est level of policymaking. The Advi-
tremely important for rural areas; Mr. dition, the bill creates an advisory sory Committee on Rural Veterans will
LAMBORN of Colorado, for his amend- committee on rural veterans. These are work with and advise the VA Secretary
ment to include providing benefits out- important steps toward helping the on how policies and programs affect
reach and assistance with claims for young men and women who have suf- them, and how services can be im-
benefits as part of the mission of mo- fered traumatic brain injury, and en- proved for rural veterans and their
bile vet centers. He also sits on the suring the needs of our rural veterans families.
committee and was very helpful in are addressed. I urge my colleagues in the House to
making this bill a better bill. Working closely with a National pass this bill to improve care for our
So this truly has been a real bipar- Guard soldier from South Dakota who wounded warriors and Americas rural
tisan piece of legislation that took a suffered a traumatic brain injury while veterans.
lot of components of other bills that serving in Iraq, and having visited him Mr. BUYER. Mr. Speaker, I would
were through, that were introduced and his family at the Minneapolis also like to express my support for a
and we had hearings on, to be part of polytrauma center, I witnessed both provision in the bill that would require
this bill. the good and the bad of the VAs ef- the VA to establish a TBI transition of-
I also would like to thank Ranking forts to deal with these wounded serv- fice at each of the polytrauma network
Member BUYER for his focus on this icemembers. While we have made re- sites. Not only is this vital for the DOD
issue, and for his understanding of the markable strides in treating veterans and the VA to provide for a seamless
importance of long-term research and with brain injuries, there is much room transition from active duty to veteran
the pursuit of the best practices for for improvement, especially when it status, but it is also important for VA
TBI care. He definitely has been very comes to the long-term support of to aid in the coordination of veteran
helpful with this legislation. these servicemembers. care between VA and other health care
And, finally, I would like to thank I believe the Traumatic Brain Injury providers for services that could pos-
and congratulate Chairman FILNER for Health Enhancement and Long-Term sibly not be provided by the VA. These
his strong bipartisan leadership on this Support Act will tremendously im- transition offices would help coordi-
bill and other veterans bills on the prove the services available to veterans nate veterans care for services not of-
floor as well, and look forward to tack- suffering from TBI. I look forward to fered by the VA, and have the author-
ling other veterans issues as we move continuing working with my colleagues ity to arrange care with public or pri-
forward in the 110th Congress. on the Veterans Affairs Committee to vate entities to establish long-term
I urge my colleagues to support H.R. address these and other issues related neurobehavioral rehabilitation and re-
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2199. to treating veterans suffering from covery programs.


Mr. BUYER. Mr. Speaker, I would traumatic brain injury. The bill also includes two rural
like to thank Mr. MICHAUD because he Again, I thank Representative health initiative provisions, one of
did his committee work. He did his MICHAUD for introducing and advancing which would establish a pilot program
committee work because we brought a this bill, and I ask my colleagues to for vet centers in rural areas. H.R. 2199,
bill to the floor. Yes, under suspension, support H.R. 2199. as amended, included an amendment

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H5676 CONGRESSIONAL RECORD HOUSE May 23, 2007
offered by Mr. LAMBORN of Colorado, that keeps your body temperature cold, him back to the life that he knows and
the ranking member of the Sub- again so that you dont swell up and that he should be able to live.
committee on Disability Assistance cause more injury. So this is the kind On this floor were going to continue
and Memorial Affairs. This amendment of thing that these veterans, these sol- to debate the wars. Were going to con-
will expand the role of the mobile vet diers are going through. tinue to see the debates divide us on
center pilot program to include helping And we estimate that theres ap- the war in Iraq. This Congress, and I
veterans in need of assistance in the proximately 12,000 servicemembers thank the ranking member, and the
filing of benefits claims. with some degree of traumatic brain chairman for allowing the care of our
Mr. Speaker, I yield such time as he injury. Thats why I was motivated, veterans to bring us back together. Re-
may consume to the gentleman from along with Mr. BOOZMAN from Arkan- gardless of how we feel on this war,
Colorado (Mr. LAMBORN). sas, to introduce the Caring for Vet- this Congress and this committee is
Mr. LAMBORN. Mr. Speaker, I rise in erans with Traumatic Brain Injury Act proving that the 110th Congress can
strong support of H.R. 2199, the Trau- of 2007. and will advance crucial legislation
matic Brain Injury Health Enhance- H.R. 2199 ensures that the VA will de- like H.R. 2199. So I thank you both. I
ment and Long-Term Support Act of velop the infrastructure necessary to thank my colleagues.
2007. I thank Chairman FILNER, Rank- meet the needs of an increasing num- Mr. BUYER. Mr. Speaker, I want to
ing Member BUYER, and Health Sub- ber of veterans diagnosed with TBI. thank the gentleman who just spoke.
committee Chairman MICHAUD, the Among other things, the bill requires As a retired sergeant major, we benefit
sponsor of this legislation, for their the VA to screen all veterans for TBI. by his expertise not only on the Vet-
leadership in bringing this excellent It creates a registry for veterans with erans Affairs Committee, but also in
legislation to the floor. I especially TBI so that we dont lose track of them Congress. We have a lot of people here
want to thank the gentleman from once theyre diagnosed, and it also cre- who have been enlisted, and we have
Maine for working with me on a bipar- ates transition offices for patients with had officers and generals and admirals,
tisan basis to include my amendment TBI who live in areas where the Vet- but when you get a sergeant major,
in this bill. erans Administration isnt able to they speak softly. And theres a reason
One of the provisions of H.R. 2199, as meet their needs. the sergeant major speaks softly, be-
introduced, is a pilot program of mo- Im thankful for the leadership of Mr. cause he doesnt have to speak loudly
bile vet centers which would provide MICHAUD and Mr. FILNER on this issue, because they are so well respected. And
veterans with readjustment counseling and for the opportunity to speak in so, Sergeant Major, your contributions
and related mental health services. My favor of 2199. to the committee are recognized and
amendment would require that these Mr. BUYER. Mr. Speaker, I reserve appreciated.
my time. Mr. Speaker, I reserve my time.
mobile vet centers have trained staff to Mr. FILNER. Mr. Speaker, how much
provide veterans with benefits out- Mr. FILNER. Mr. Speaker, I would
like to yield 2 minutes to another hard- time do we have left?
reach and help them with their claims The SPEAKER pro tempore. The gen-
applications and questions. working new member of our com-
tleman from California has 612 min-
Mr. Speaker, much of the trouble as- mittee, the highest-enlisted man ever
utes.
sociated with the claims processing to be elected to Congress, Command Mr. FILNER. I would now recognize
system is related to a veterans dif- Sergeant Major TIM WALZ from Min- another great new Member from Penn-
ficulties in filing a correct and com- nesota. sylvania (Mr. ALTMIRE) for 2 minutes.
plete claim. Veterans may have an in- Mr. WALZ of Minnesota. Mr. Speak- He has taken the lead on dealing with
complete understanding of the claims er, I rise today in support of H.R. 2199. traumatic brain injury.
system. I want to thank my colleague from Mr. ALTMIRE. Mr. Speaker, our
Maine for sponsoring this piece of leg- brave service men and women are re-
b 1730 islation; also thank my colleague from turning from Iraq and Afghanistan
That could easily lead to an imper- Maine (Mr. MICHAUD), whos been a with TBI at an alarming rate. Sixty-
fectly completed application. My leader on this issue and veterans issues five percent of the soldiers at Walter
amendment would help solve this prob- in general; grateful that he introduced Reed today have been diagnosed with
lem by placing qualified VA employees this piece of legislation, and grateful traumatic injury, and thousands of vet-
in the mobile vet centers to educate that he allowed a piece of legislation erans have mild TBI, but have not been
the veteran and help him or her to cor- that I had introduced establishing the diagnosed. And Im concerned that the
rectly fill out their paperwork the first five TBI centers around the country. VA has not been properly diagnosing
time. Id also like to thank the ranking and treating those veterans with trau-
H.R. 2199 could have significant im- member, the gentleman from Indiana, matic brain injury.
pact on reducing the growing backlog for his thoughtful guidance on the co- As has been mentioned today, trau-
of compensation and pension claims. I location of those facilities. I think its matic brain injury is the signature in-
ask my colleagues to support this leg- absolutely the right thing to do. I jury for the wars in Afghanistan and
islation. It will help veterans with think it concentrates our resources and Iraq. This is why I introduced the Vet-
traumatic brain injury get the care our expertise. So I thank him for that erans Traumatic Brain Injury Treat-
they need. At the same time, it will addition to it. ment Act, which has been included in
help veterans seeking to apply for the The colocation at the polytrauma its entirety in this legislation were de-
benefits they have earned in service to centers is the right thing to do. The re- bating today. My bill would improve
their Nation. search thats being done there is world the diagnosis and treatment of TBI for
Mr. FILNER. Mr. Speaker, I would class. And I think an example of how our Nations veterans by requiring the
like to yield 2 minutes to another hard- we can enhance that comes from, and VA to screen veterans for symptoms,
working new member from our com- you just heard one of my colleagues develop and operate a comprehensive
mittee, the gentleman from California speaking about this injury. program of long-term care for
(Mr. MCNERNEY). I visit the VA centers every Veterans postacute TBI rehabilitation, establish
Mr. MCNERNEY. Mr. Speaker, trau- Day for the last quite some time. And TBI transition offices at all
matic brain injury is the signature in- several years ago there was a young polytrauma network sites, and create
jury of the war in Iraq. man from Michigan there, and he had and maintain a TBI health registry.
Let me explain a little bit what hap- suffered a traumatic brain injury. He In addition to improving the diag-
pens to a veteran soldier with a trau- had survived a shrapnel wound, but his nosis and treatment of traumatic brain
matic brain injury. They remove part brain had literally been turned inside
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injury, this bill will improve the VAs


of your skull so that your brain can ex- of his head. And because of the great research of TBI and ensure that the VA
pand into that while its swelling up. care he was receiving there, he was sta- provides better care to veterans in
They give you blood thinners so that bilized, and he was starting to rehabili- rural communities.
you dont have blood clots. They give tate. This bill will allow us to enhance I want to thank the subcommittee
you antibiotics, and they put on a vest his recovery, starting to reintegrate chairman, Mr. MICHAUD, and the full

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5677
committee chair, Mr. FILNER, for their 110 members, I commend the com- have an opportunity to do that. Mr.
leadership on this issue, for including mittee under Chairman FILNERs lead- FILNER, Mr. MICHAUD, and, of course,
my legislation in its entirety in this ership. Youve never, ever acted, Mr. BUYER and Mr. MILLER, thank you.
bill, and I want to urge my colleagues through the Speaker, to do favors for Rural Americans have always served
to support this piece of legislation. veterans. Youve always handled it in the Nations armed services, National
Mr. BUYER. Mr. Speaker, I appre- terms of your own responsibility. I sa- Guard and Reserves in very great num-
ciate the gentlemans comments that lute you for that. bers. In fact, though only 19 percent of
he just made. Before you take off, this For his ongoing endeavors to explore the Nation lives in rural America, 44
issue, and I appreciate your interest in and thoughtfully legislate for the ben- percent of the current U.S. military re-
it because this is one of our great chal- efit of our Nations many veterans suf- cruits come from rural areas, and near-
lenges. Weve got the best helmet that fering from TBI, I want to thank JACK ly one-third of those who died in Iraq
we put on our soldiers and marines in MURTHA, Congressman MURTHA, for all are from small towns and communities
the field and even some of the Air his work over the last 5 years on this across the Nation, Vermont very much
Force personnel, Navy personnel. And issue when it wasnt popular to talk among them.
it protects them against ballistics, and about. And unfortunately, access to health
its the best in the world. But when it The Veterans Administration has care for many of our veterans in rural
comes to blasts and crash, what it does shown tremendous effort in addressing areas is limited by mileage, distance
to the brain, were now on the fore- the needs of our returning vets, our re- and just the difficulty of transpor-
front, and we are pushing the boundary turning troops on its own; however, I tation. Especially true, the provision of
of our knowledge. believe the large volume of returning mental health care in rural settings
And some of the worlds experts now TBI victims, the need for timely treat- has historically been a challenge for all
are not only at the polytrauma cen- ment and the immediate need for health care systems and providers, in-
ters, but in particular, when these sol- rehab, expertise and capacity require cluding the VA. And therefore, what we
diers end up at Landstuhl, Germany, additional resources. Flexibility for recognize in this legislation is that we
thats where they are. So they can im- the VA to form partnerships to ensure need to help the VA develop innovative
mediately deal with these top-notch care for our service per- solutions to address the need for men-
neurotraumas. sonnel is essential. 2199 is an excellent tal health services in remote areas,
And when the gentleman said that first step to ensuring our Nations vet- TBI being the big injury thats been
there could possibly be thousands,
erans the care they need and deserve. discussed by my colleagues.
what we do know is that at the The bill establishes five new Vet- This legislation takes a significant
polytrauma centers, those who are ac- erans Administration research centers step towards improving the mental
tually being treated for traumatic for TBI, which, without a doubt, health services available to geographi-
brain injury, theres less than 400 cases.
produce new and exciting prevention cally isolated veterans. It creates a
But the gentleman is right with re-
gard to individuals who may have had and treatment techniques. A com- pilot program where at least two mo-
a concussion. Yet, how severe is the prehensive TBI treatment program bile vet centers will provide readjust-
concussion? within the VA is long overdue. ment counseling and mental health
And if the science is unknown, and I want to commend the TBI screening services to veterans in at least five
were trying to understand that. Thats program for veterans. We rec- Veterans Integrated Service Networks
the purpose of Mr. MICHAUDs bill. And ommended it. Football teams through- that have the highest concentration of
I appreciate the gentlemans interest, out the United States screen students rural veterans.
before they put on football equipment.
would love to continue to work with b 1745
you in your interest. I think thats important that we do
Id bring to your attention the Vet- that with our vets. I worked to estab- One of these covers New England and
erans Health Administration Directive lish it in the civilian realm. We should my home State of Vermont. These mo-
2007013 released April 13, 2007, estab- have it in the military. bile vet centers will also provide infor-
lishes the VA policy and procedure for On behalf of the task force, I look mation and outreach concerning vet-
screening and evaluation of possible forward to working with the Veterans erans benefits and, when practicable,
TBI in OEF and OIF veterans. This di- Committee on this and other TBI assistance with claims for benefits.
rective states, Not all patients who issues in the future. Rural individuals and their families
screen positive have TBI. It is possible I urge my colleagues to vote in favor have strong bonds and ties to their
to respond positively to all four sec- of H.R. 2199. communities. These mobile vet centers
tions due to the presence of other con- Mr. BUYER. Mr. Speaker, I yield my- will allow veterans to stay in their
ditions such as PTSD, cervical cranial self such time as I may consume. communities and prevent endless hours
injury with headaches and inner ear in- At the May 9, 2007, full committee of car rides for the care they receive.
jury, for example. Therefore, its crit- hearing on the results of the Presi- I urge support and passage of this
ical that patients not be labeled with a dents Task Force on Returning Global legislation and thank the committee
diagnosis of TBI on the basis of a posi- War on Terror Heroes, in response to for its indulgence.
tive screening test. Patients need to be my questioning about the actual num- Mr. BUYER. Mr. Speaker, I believe
referred for further evaluation. ber of TBI cases treated in VA as inpa- that it is conceivable that at some
So we are in an area of science tients, Secretary Nicholson responded point one of these needed Traumatic
whereby the sand shifts directly under that VA has treated 369 veterans in its Brain Injury Centers of Excellence
our feet, and I would look forward to polytrauma centers so far for TBI. could be located in the Department of
working with the gentleman. Secretary Nicholson also commented Veterans Affairs Medical Center in Al-
Mr. Speaker, I reserve my time. that the VA has the capacity in their buquerque, New Mexico, which could be
Mr. FILNER. Mr. Speaker, Id like to polytrauma centers, and that many of named the Raymond G. Jerry Mur-
yield 2 minutes to the fighting gen- the patients in the polytrauma centers phy Department of Veterans Affairs
tleman from New Jersey (Mr. are active duty military. Medical Center, if Chairman FILNER
PASCRELL), who we like to call an hon- Mr. Speaker, I continue to reserve would clear either H.R. 474 or take up
orary member of the Veterans Com- my time. Senate bill 229 for consideration on the
mittee since he fights so hard for vet- Mr. FILNER. Mr. Speaker, Id like to floor of which that Senate bill, Mr.
erans and is cochair of the Traumatic yield 2 minutes to another great new Speaker, sits at your desk.
Brain Injury Caucus in the Congress. Member fighting for veterans, Con- Mr. Speaker, I yield back the balance
of my time.
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Mr. PASCRELL. Mr. Speaker, I rise gressman WELCH from Vermont.


in favor of H.R. 2199, the Traumatic Mr. WELCH of Vermont. Mr. Speak- Mr. FILNER. Mr. Speaker, let me
Brain Injury Health Enhancement and er, I want to thank the Veterans Af- just conclude by saying like everything
Long-Term Support Act. fairs Committee, the openness of that else about this war, the administration
As cochair of the 8-year-old Congres- committee, to let anyone with a good did not prepare either for the fighting,
sional Brain Injury Task Force of over idea to help veterans to come in and the aftermath, or the treatment of the

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H5678 CONGRESSIONAL RECORD HOUSE May 23, 2007
veterans coming back. We simply left with combat-related brain injuries. I commend The question was taken.
thousands of our veterans without ade- Representative ALTMIRE who initiated this ef- The SPEAKER pro tempore. In the
quate resources to treat these brain in- fort and I thank VA Subcommittee Chairman opinion of the Chair, two-thirds being
juries or PTSD or other issues that MICHAUD, and VA Chairman FILNER for quickly in the affirmative, the ayes have it.
arise. No matter what denial that bringing this bill to the floor. Mr. FILNER. Mr. Speaker, on that I
comes from the minority party, no Traumatic brain injury (TBI) is the most demand the yeas and nays.
matter what denial comes from the ad- common wound suffered by troops returning The yeas and nays were ordered.
ministration, we have not prepared for from Iraq and Afghanistan; unfortunately it is The SPEAKER pro tempore. Pursu-
adequate treatment of these veterans. often undetected until it is too late. The bill be- ant to clause 8 of rule XX and the
We are passing legislation today to do fore us today ensures we preemptively screen Chairs prior announcement, further
that, and we will not deny that there all veterans for brain injury and that we have proceedings on this question will be
will be thousands and thousands of the facilities and research necessary to pro- postponed.
brain-injured veterans. We should bring vide the best care possible. f
them home now and we should treat Additionally, this bill addresses the needs of
EARLY ACCESS TO VOCATIONAL
them well when they get back. the 44 percent of service members who live in
REHABILITATION AND EMPLOY-
Mr. SPACE. Mr. Speaker, I rise again today rural areas, like those in my district, by estab-
MENT BENEFITS ACT
in support of H.R. 2199, the Traumatic Brain lishing an Advisory Committee on Rural Vet-
Injury Health Enhancement and Long-Term erans. It also creates a pilot program for mo- Mr. FILNER. Mr. Speaker, I move to
Support Act. This bill offers a comprehensive bile counseling and mental health services. suspend the rules and pass the bill
legislative solution to confronting our Mr. Speaker, I am proud we took up this bill (H.R. 2239) to amend title 38, United
servicemembers increasing suffering from in the Veterans Affairs Committee because it States Code, to expand eligibility for
Traumatic Brain Injury. is a strong investment in timely healthcare for vocational rehabilitation benefits ad-
Our brave men and women who serve in our returning troops. I urge my colleagues to ministered by the Secretary of Vet-
Operation Iraqi Freedom and Operation En- support our military heroes by voting for the erans Affairs, as amended.
during Freedom are faced with daunting phys- Traumatic Brain Injury Health Enhancement The Clerk read the title of the bill.
ical and mental challenges every day as they and Long-Term Support Act. The text of the bill is as follows:
carry out their duties. Troops deployed in Iraq, Mr. REYES. Mr. Speaker, I rise today in H.R. 2239
specifically, encounter the widespread use of support of H.R. 2199, the Traumatic Brain In- Be it enacted by the Senate and House of Rep-
IEDs, which can cause Traumatic Brain Injury. jury Health Enhancement and Long Term Sup- resentatives of the United States of America in
Extended deployments put our troops at risk port Act of 2007. As a Vietnam combat vet- Congress assembled,
for longer periods of time. eran, I have seen the long term effects that SECTION 1. SHORT TITLE.
H.R. 2199 brings together solutions to begin war-related wounds and illnesses can have on This Act may be cited as the Early Access
addressing the needs of our wounded warriors the lives of our returning soldiers. to Vocational Rehabilitation and Employ-
As Agent Orange sickness and Post Trau- ment Benefits Act.
who have been diagnosed with TBI. The bill
SEC. 2. EXPANSION OF ELIGIBILITY FOR VOCA-
requires the VA to establish five centers for matic Stress Disorder (PTSD) came to typify TIONAL REHABILITATION BENEFITS
TBI research, education, and clinical activities. the Vietnam War, I believe that Traumatic ADMINISTERED BY THE SECRETARY
It also instructs the VA to establish a TBI Brain Injuries (TBI) have become a signature OF VETERANS AFFAIRS.
screening program that would provide critical wound of the current conflicts in Iraq and Af- Section 3102 of title 38, United States Code,
information to Congress regarding the number ghanistan. Advances in body armor and battle- is amended
of veterans screened, the prevalence of TBI field medicine have allowed our troops to sur- (1) in paragraph (1)(B), by striking or at
the end;
symptoms, and recommendations for improv- vive head wounds that once would have been
(2) in paragraph (2), by striking the period
ing care. H.R. 2199 dictates that the VA fatal. However, the number of identified trau- at the end and inserting ; or; and
should create a comprehensive program for matic brain injuries is alarming. Of the 23,000- (3) by adding at the end the following new
the long-term care and rehabilitation for vet- plus troops who have been wounded in the paragraph:
erans who suffer from TBI. The bill also re- wars in Iraq and Afghanistan, two-thirds re- (3) the person
quires the VA to create a Traumatic Brain In- portedly have been diagnosed with traumatic (A) at the time of the Secretarys deter-
jury Veterans Health Registry to generate a brain injuries. These numbers may even be mination under subparagraph (B), is a mem-
list of those who served in Iraq and/or Afghan- higher since many cases are often ber of the Armed Forces who is hospitalized
or receiving outpatient medical care, serv-
istan, who have symptoms of TBI, and who undiagnosed and go untreated. Some reports
ices, or treatment;
apply for VA medical care or file a disability suggest that 150,000 veterans of the war in (B) is determined by the Secretary to
claim. The VA can then notify those on the Iraq have suffered a traumatic brain injury of have a disability incurred or aggravated in
registry of significant developments in re- some kind. the line of duty in the active military, naval,
search on health consequences of serving in Many of those affected by these devastating or air service that is likely to be rated at 10
Iraq and/or Afghanistan. injuries are unable to perform the most basic percent or more; and
Additionally, this bill authorizes funding for a cognitive functions and have great difficulties (C) is likely to be discharged or released
pilot program of mobile VA centers for rural with the tasks of everyday life. These injured from such service for such disability..
areas. These mobile VA centers would im- soldiers will require quality care and treatment The SPEAKER pro tempore. Pursu-
prove access to readjustment benefits as well for the rest of their lives. ant to the rule, the gentleman from
as mental health services. The mobile centers While it is our obligation to ensure that our California (Mr. FILNER) and the gen-
would also assist veterans in making disability military forces have all the necessary arms tleman from Arkansas (Mr. BOOZMAN)
claims. and equipment to safely carry out their mis- each will control 20 minutes.
I represent a rural district comprised of sions, we are also responsible for making sure The Chair recognizes the gentleman
small towns and villages. I know that my rural that our troops know that we will take care of from California.
veterans constituency desperately needs bet- them when they return home. Today we have Mr. FILNER. Mr. Speaker, I yield
ter access to VA services and care, and these an opportunity to demonstrate to our wounded myself such time as I may consume.
mobile VA centers could be part of the solu- veterans our appreciation for their sacrifices This bill, the Early Access to Voca-
tion. and our firm commitment to providing them tional Rehabilitation and Employment
I strongly urge my colleagues to support this with the means for living a full and rewarding Benefits Act, was authored by my good
bill because it makes great strides in providing life. I urge my colleagues to join me in sup- friend from Arkansas (Mr. BOOZMAN),
comprehensive care for our Nations wounded porting this important bill. and we appreciate his efforts over
warriors suffering from Traumatic Brain Injury. Mr. FILNER. Mr. Speaker, I yield many years on behalf of our veterans. I
Mr. HARE. Mr. Speaker, I rise today in back the balance of my time. was glad that we could get this bill to
strong support of H.R. 2199, the Traumatic The SPEAKER pro tempore. The
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the floor today. It is the last of seven


Brain Injury Health Enhancement and Long- question is on the motion offered by that say thank you to our Nations vet-
Term Support Act. As a Member of the Com- the gentleman from California (Mr. erans as we come up on Memorial Day.
mittee on Veterans Affairs, I had the privilege FILNER) that the House suspend the This would extend vocational reha-
of working on this bipartisan bill, which I be- rules and pass the bill, H.R. 2199, as bilitation and employment benefits to
lieve provides critical resources to our heroes amended. members of the Armed Forces who are

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5679
determined to have a disability in- and often find themselves with signifi- erans dropping out of the VR&E pro-
curred while on active duty of at least cant free time outside of their therapy gram is the immediate need to finan-
10 percent and likely to be discharged sessions. That free time offers an ideal cially support the family. We can re-
from service due to that disability. The opportunity to make use of their voca- duce the risk of these individuals drop-
servicemembers would still have to tional rehabilitation and employment ping out of the program prematurely if
qualify under usual vocational reha- benefits to prepare them for the civil- we extend the benefits while they are
bilitation and employment criteria of ian job market. I am happy to let my still on active duty.
at least 20 percent, with an employ- colleagues know that CBO has said Now, in some cases, due to the sever-
ment handicap of 10 percent with a se- that this bill would have no direct im- ity of their injuries, a number of vet-
rious employment handicap. pact on direct spending. The bill sim- erans may likely experience a drop in
H.R. 2239 will help veterans begin ply affects the timing of when our serv- pay after their discharge and when
their rehab earlier and will be very icemembers receive the benefits. they enter the civilian workforce. How-
beneficial to those veterans in ex- All of us have gone over to Bethesda ever, if a veteran begins his or her re-
tended convalescence which could be and Walter Reed to visit injured habilitation immediately, he or she
over a year. This is the ideal time, as troops. And, again, this is an effort to may be able to enter the job market
veterans will still be on active duty, give them the best of both worlds, the much earlier with a level of readiness
continuing to receive their military best that we can offer them being on and a set of skills to command a high-
pay, making it easier to support his or active duty, but to go ahead and start er-paying position than otherwise
her family. One of the factors that those vocational rehab services so that might be obtained.
leads to servicemembers dropping out we can get vocational counselors in I look forward to continuing to work
of vocational rehabilitation and em- there and then, again, as they pursue in a bipartisan manner with Mr.
ployment is the need to support their their getting stronger and heal phys- BOOZMAN on the Economic Opportunity
families. ically, to go ahead and direct them in Subcommittee to ensure Federal serv-
Due to the severity of the injury or such a way that we can provide a new ices are available to help our fighting
injuries, most veterans will be ex- occupation for them in the future. men and women successfully transition
pected to experience a drop in pay once So I appreciate Chairman FILNER, to civilian life.
they are discharged. However, if a vet- Ranking Member BUYER, Chairwoman I ask my colleagues to join me in
eran begins their rehab immediately, supporting H.R. 2239 so that we may
HERSETH SANDLIN, and especially the
they may be able to enter the job mar- ensure our servicemembers are more
chairwoman in the sense that she was
readily afforded the benefits they need
ket much earlier. instrumental in helping us amend the
I urge my colleagues to support H.R. to heal and succeed after their service
bill to improve it.
2239. It is an important bill. This is the to our country.
So, again, I would urge that my col-
Mr. BOOZMAN. Mr. Speaker, I yield
least we can do for these brave men leagues support this legislation.
for the purpose of making a unanimous
and women. It will ease the transition Mr. Speaker, I reserve the balance of
consent request to the gentleman from
from the military to civilian employ- my time.
Indiana (Mr. BUYER).
ment market. And, again, I thank Mr. Mr. FILNER. Mr. Speaker, I yield (Mr. BUYER asked and was given
BOOZMAN for his leadership on this such time as she may consume to the permission to revise and extend his re-
issue. dynamic chair of our Economic Oppor- marks.)
Mr. Speaker, I reserve the balance of tunity Subcommittee, the gentle- Mr. BUYER. Mr. Speaker, I rise in
my time. woman from South Dakota (Ms. support of the bill and compliment Ms.
Mr. BOOZMAN. Mr. Speaker, I yield HERSETH SANDLIN). HERSETH SANDLIN for her work and Mr.
myself such time as I may consume. Ms. HERSETH SANDLIN. Mr. Speak- BOOZMAN.
H.R. 2239, the Early Access to Voca- er, again I thank the chairman for Mr. Speaker, the bill, as amended does two
tional Rehabilitation and Employment yielding. important things. First, it lowers the existing
Benefits Act, implements a common- I rise today in strong support of H.R. eligibility for servicemembers undergoing treat-
sense involvement in the speed with 2239, the Early Access to Vocational ment prior to discharge to 10 percent vice the
which we provide vocational rehabili- Rehabilitation and Employment Bene- current 20 percent. Second, it clarifies existing
tation to injured servicemembers. This fits Act. law to reaffirm Congress intent that VA pro-
bill makes it clear that active duty I want to thank the ranking member vide vocational rehabilitation and employment
servicemembers are entitled to begin of the Economic Opportunity Sub- benefits to eligible service members under-
using vocational rehabilitation bene- committee, my good friend and trusted going what is normally long-term convales-
fits prior to discharge. colleague, Mr. BOOZMAN, for intro- cence.
The bill directs the Department of ducing this important bill and for This bill will be especially important to serv-
Veterans Affairs to coordinate with the working with me prior to the com- ice members being treated at our major trau-
military services to determine the mittee markup to strengthen the bill. I ma centers such as Walter Reed, Bethesda,
likelihood that a servicemember under- also want to thank Chairman FILNER Palo Alto and Tampa Bay. Many of these
going hospitalization or outpatient and Ranking Member BUYER for their service members are facing what may be
treatment will be discharged or re- support of the bill as well. years of physical and emotional therapy and it
turned to active duty. If the member is While current law requires service- makes good sense to begin the process of re-
likely to be discharged and will likely members to be discharged from active integration into the workforce prior to dis-
have a disability rating of at least 10 duty prior to applying and receiving charge from active duty. Voc rehab benefits
percent, VA is authorized to evaluate benefits from the VA, H.R. 2239 would available under this bill will also provide posi-
and award the full range of vocational extend vocational rehabilitation and tive reinforcement to DoD and VA therapy
rehabilitation benefits prior to the employment benefits to members of sessions by concentrating on issues other
servicemembers discharge. Such a de- the U.S. Armed Forces who are deter- than any residual disability(s) they may have
cision would be made using the current mined to have a disability of at least 10 from their injuries.
statutory and regulatory processes to percent or more, incurred or aggra- Mr. Speaker, this is an excellent bill and I
determine eligibility. vated while on duty, and likely to be strongly urge my colleagues to support it.
Mr. Speaker, it makes no sense to discharged from service due to that dis- Mr. FILNER. Mr. Speaker, I have no
delay access to benefits that will speed ability. further requests for time, and I reserve
an injured servicemembers return to This important legislation would the balance of my time.
productive civilian life. For severely help veterans begin their rehabilita- Mr. BOOZMAN. Mr. Speaker, again, I
injured servicemembers, these benefits tion earlier and could be very bene-
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would like to urge the passage of H.R.


often make the difference between ficial for those who are in extended 2239. I appreciate the work of my chair-
whether or not they are able to live convalescence, which may last more man and ranking member and espe-
independently. Many of those wounded than a year for some servicemembers. cially the work of the staff on this bill.
in the global war on terror spend 2 or 3 As the chairman explained, today we Mr. Speaker, I yield back the balance
years recovering from their injuries do find that a major factor for new vet- of my time.

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H5680 CONGRESSIONAL RECORD HOUSE May 23, 2007
GENERAL LEAVE working routine at a pace that better suits our VETERANS OUTREACH
Mr. FILNER. Mr. Speaker, I ask servicemembers is beneficial to all parties in- IMPROVEMENT ACT OF 2007
unanimous consent that all Members volved. The SPEAKER pro tempore. The un-
may have 5 legislative days in which to I urge my colleagues to support H.R. 2239
finished business is the vote on the mo-
revise and extend their remarks and in- because the bill provides our Nations vet-
tion to suspend the rules and pass the
clude extraneous material on both H.R. erans with more timely access to a promised
bill, H.R. 67, as amended, on which the
2199 and H.R. 2239, as amended. service as they transition back to civilian life.
Mr. DAVIS of Illinois. Mr. Speaker, I rise in yeas and nays were ordered.
The SPEAKER pro tempore. Is there
strong support of H.R. 2239, to expand eligi- The Clerk read the title of the bill.
objection to the request of the gen-
bility for vocational rehabilitation benefits ad- The SPEAKER pro tempore. The
tleman from California?
ministered by the Secretary of Veterans Af- question is on the motion offered by
There was no objection.
Mr. FILNER. Mr. Speaker, we have fairs. I would like to take some of my time to the gentleman from California (Mr.
come to the end of a day of thanks to express my deepest appreciation for our Na- FILNER) that the House suspend the
our Nations veterans. We have seven tions veterans. It is with this that I strongly rules and pass the bill, H.R. 67, as
bills, all of which will go to really im- ask you to expand eligibility for vocational re- amended.
prove our services, our health care, our habilitation benefits for all of our veterans. The vote was taken by electronic de-
sense of commitment to our Nations Every day, we find more and more of our vet- vice, and there wereyeas 421, nays 0,
veterans. We have had seven good bills erans returning home with severe physical and not voting 11, as follows:
today, and I think they will all be ap- mental disabilities. This legislation is a step in [Roll No. 410]
proved by this body. the right direction and will act as a corner- YEAS421
I was a professor of European history stone necessity for providing the medical care, Abercrombie Cleaver Goodlatte
before I became a Congressman, and I services and treatment that all of our countrys Ackerman Clyburn Gordon
finest deserve. Aderholt Coble Graves
used to talk about the Roman world. Akin Cohen Green, Al
And there was this famous Roman sen- This Congress to must ensure that our in- Alexander Cole (OK) Green, Gene
ator named Cato. And Cato would end jured soldiers, sailors, airmen and any other Allen Conaway Grijalva
all his speeches, no matter on what veterans who have returned home with a dis- Altmire Conyers Gutierrez
Andrews Cooper Hall (NY)
subject, which they might be about the ability not only receive the basics in terms of Arcuri Costa Hall (TX)
sewer system of Rome or they might be medical attention, but also receive proper re- Baca Costello Hare
about gladiator games or war against habilitation so that suitable employment in the Bachmann Courtney Harman
future can become a viable option. The act of Bachus Cramer Hastert
the Parthians or whoever, but he would Baird Crenshaw Hastings (FL)
always end his speech, no matter what a person once again living independently is Baker Crowley Hastings (WA)
the thing was, and everybody would ex- the highest goal that this legislation can Baldwin Cubin Hayes
pect it and he sort of became the achieve. Services that provide counseling, Barrett (SC) Cuellar Heller
Barrow Culberson Hensarling
laughingstock of the senate because education, financial aid, and job assistance Bartlett (MD) Cummings Herger
they would know he would end all his are the best tools for our veterans to use in Barton (TX) Davis (AL) Herseth Sandlin
speeches with and we must destroy order to get back on their feet and live a life Bean Davis (CA) Higgins
of independence and dignity. Let us not revisit Becerra Davis (IL) Hill
Carthage. And nobody paid any atten- Berkley Davis (KY) Hinchey
tion to his speeches because they were the fatal mistakes made after Vietnam. To Berman Davis, David Hinojosa
all waiting for that conclusion no mat- quote my good friend and colleague, DICK Berry Davis, Lincoln Hirono
ter on what subject. DURBIN, We owe our disabled veterans more Biggert Davis, Tom Hobson
Bilbray Deal (GA) Hodes
So with that little history lesson, I than speeches, parades and monuments. Bilirakis DeFazio Hoekstra
urge my colleagues to unanimously Lets do our best to convey our appreciation Bishop (GA) Delahunt Holden
support H.R. 2239. for their sacrifices. Bishop (NY) DeLauro Holt
Mr. SPACE. Mr. Speaker, I rise again today Mr. FILNER. Mr. Speaker, I yield Bishop (UT) Dent Honda
Blackburn Diaz-Balart, L. Hooley
in support of H.R. 2239, the Early Access to back the balance of my time. Blumenauer Diaz-Balart, M. Hoyer
Vocational Rehabilitation Benefits Act. The SPEAKER pro tempore. The Blunt Dicks Inglis (SC)
Currently, vocational rehabilitation benefits question is on the motion offered by Boehner Dingell Inslee
the gentleman from California (Mr. Bonner Doggett Israel
provided by the VA are not available to vet- Bono Donnelly Issa
erans until after they have been discharged FILNER) that the House suspend the Boozman Doolittle Jackson (IL)
from military service. This bill extends eligibility rules and pass the bill, H.R. 2239, as Boren Doyle Jackson-Lee
for vocational rehabilitation benefits to current amended. Boswell Drake (TX)
The question was taken. Boucher Dreier Jefferson
members of the armed forces who are hos- Boustany Duncan Jindal
pitalized or are undergoing out-patient medical The SPEAKER pro tempore. In the
Boyd (FL) Edwards Johnson (GA)
care, who have a disability of at least 10 per- opinion of the Chair, two-thirds being Boyda (KS) Ehlers Johnson (IL)
cent incurred or aggravated while on active in the affirmative, the ayes have it. Brady (PA) Ellison Johnson, E. B.
Mr. FILNER. Mr. Speaker, on that I Brady (TX) Ellsworth Johnson, Sam
duty, and who are likely to be discharged from Braley (IA) Emanuel Jones (NC)
demand the yeas and nays.
service due to that disability. The yeas and nays were ordered.
Brown (SC) Emerson Jordan
As a member of the Veterans Affairs Com- Brown, Corrine Eshoo Kagen
The SPEAKER pro tempore. Pursu- Brown-Waite, Etheridge Kanjorski
mittee, I am dedicated to providing our Na- ant to clause 8 of rule XX and the Ginny Everett Kaptur
tions veterans with every service that they Chairs prior announcement, further Buchanan Fallin Keller
have earned and that they were promised. Ac- proceedings on this question will be
Burgess Farr Kennedy
Burton (IN) Fattah Kildee
cess to vocational rehabilitation is part of what postponed. Butterfield Feeney Kilpatrick
our Nations heroes are entitled to, and this bill Buyer Ferguson Kind
f
is a step in the right direction. Calvert Filner King (IA)
By supporting this bill, we are ensuring that ANNOUNCEMENT BY THE SPEAKER Camp (MI) Flake King (NY)
Campbell (CA) Forbes Kingston
wounded servicemembers can access PRO TEMPORE Cannon Fortenberry Kirk
rehabilitational benefits more quickly without The SPEAKER pro tempore. Pursu- Cantor Foxx Klein (FL)
having to wait for their paperwork to catch up ant to clause 8 of rule XX, proceedings Capito Frank (MA) Kline (MN)
to them. This bill will get our wounded vets Capps Franks (AZ) Knollenberg
will resume on motions to suspend the Capuano Frelinghuysen Kucinich
back on their feet and reintegrated into the rules previously postponed. Cardoza Gallegly Kuhl (NY)
workforce sooner than is currently possible by Votes will be taken in the following Carnahan Garrett (NJ) LaHood
providing them with vocational benefits while order: H.R. 67, H.R. 612, H.R. 1470, H.R. Carney Gerlach Lamborn
Carson Giffords Lampson
they are awaiting military discharge. Re-
mstockstill on PROD1PC66 with HOUSE

2199, and H.R. 2239, in each case by the Carter Gilchrest Langevin
integration into the workforce is a key part of yeas and nays. Castle Gillibrand Lantos
easing stability back into the lives of our The first electronic vote will be con- Castor Gillmor Larsen (WA)
servicemembers who have often spent months ducted as a 15-minute vote. Remaining Chabot Gingrey Larson (CT)
Chandler Gohmert Latham
in incredibly tense and mentally-exhausting electronic votes will be conducted as 5- Clarke Gonzalez LaTourette
environments. Re-establishing a normal minute votes. Clay Goode Lee

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.121 H23MYPT1
May 23, 2007 CONGRESSIONAL RECORD HOUSE H5681
Levin Pallone Shuler The Clerk read the title of the bill. McCarthy (NY) Price (GA) Snyder
Lewis (CA) Pascrell Shuster McCollum (MN) Price (NC) Solis
Lewis (GA) Pastor Simpson The SPEAKER pro tempore. The McCotter Pryce (OH) Souder
Lewis (KY) Paul Sires question is on the motion offered by McCrery Putnam Space
Linder Payne Skelton the gentleman from California (Mr. McDermott Rahall Spratt
Lipinski Pearce Slaughter McGovern Ramstad Stark
LoBiondo Pence Smith (NE)
FILNER) that the House suspend the McHenry Rangel Stearns
Loebsack Perlmutter Smith (NJ) rules and pass the bill, H.R. 612, as McHugh Regula Stupak
Lofgren, Zoe Peterson (MN) Smith (TX) amended. McIntyre Rehberg Sullivan
Lowey Peterson (PA) Smith (WA) This will be a 5-minute vote. McKeon Reichert Sutton
Lucas Petri Snyder McNerney Renzi
The vote was taken by electronic de- Tancredo
Lungren, Daniel Pickering Solis McNulty Reyes
Tanner
E. Pitts Souder vice, and there wereyeas 419, nays 0, Meehan Reynolds
Tauscher
Lynch Platts Space not voting 13, as follows: Meek (FL) Rodriguez
Taylor
Mack Poe Spratt Meeks (NY) Rogers (AL)
Mahoney (FL) Pomeroy Stark [Roll No. 411] Melancon Rogers (KY) Terry
Maloney (NY) Porter Stearns Mica Rogers (MI) Thompson (CA)
YEAS419 Thompson (MS)
Manzullo Price (GA) Stupak Michaud Rohrabacher
Marchant Price (NC) Sullivan Abercrombie Costa Heller Miller (FL) Ros-Lehtinen Thornberry
Markey Pryce (OH) Sutton Ackerman Costello Hensarling Miller (MI) Roskam Tiahrt
Marshall Putnam Tancredo Aderholt Courtney Herger Miller (NC) Ross Tiberi
Matheson Radanovich Tanner Akin Cramer Herseth Sandlin Miller, Gary Rothman Tierney
Matsui Rahall Tauscher Alexander Crenshaw Higgins Miller, George Roybal-Allard Towns
McCarthy (CA) Ramstad Taylor Allen Crowley Hill Mitchell Royce Turner
McCarthy (NY) Rangel Terry Altmire Cubin Hinchey Mollohan Ruppersberger Udall (CO)
McCaul (TX) Regula Thompson (CA) Andrews Cuellar Hinojosa Moore (KS) Rush Udall (NM)
McCollum (MN) Rehberg Thompson (MS) Arcuri Culberson Hirono Moore (WI) Ryan (OH) Upton
McCotter Reichert Thornberry Baca Cummings Hobson Moran (KS) Ryan (WI) Van Hollen
McCrery Renzi Tiahrt Bachmann Davis (AL) Hodes Moran (VA) Salazar Velazquez
McDermott Reyes Tiberi Bachus Davis (CA) Hoekstra Murphy (CT) Sali Visclosky
McGovern Reynolds Tierney Baird Davis (IL) Holden Murphy, Patrick Sanchez, Linda Walberg
McHenry Rodriguez Towns Baker Davis (KY) Holt Murphy, Tim T. Walden (OR)
McHugh Rogers (AL) Turner Baldwin Davis, David Honda Murtha Sanchez, Loretta
Barrett (SC) Davis, Lincoln Hooley Walsh (NY)
McIntyre Rogers (KY) Udall (CO) Musgrave Sarbanes Walz (MN)
McKeon Rogers (MI) Udall (NM) Barrow Davis, Tom Hoyer Myrick Saxton
Bartlett (MD) Deal (GA) Inglis (SC) Wamp
McNerney Rohrabacher Upton Nadler Schakowsky Wasserman
McNulty Ros-Lehtinen Van Hollen Barton (TX) DeFazio Inslee Napolitano Schiff
Bean Delahunt Israel Schultz
Meehan Roskam Velazquez Neal (MA) Schmidt Waters
Meek (FL) Ross Visclosky Becerra DeLauro Issa Neugebauer Schwartz
Berkley Dent Jackson (IL) Watson
Meeks (NY) Rothman Walberg Nunes Scott (GA)
Berman Diaz-Balart, L. Jackson-Lee Watt
Melancon Roybal-Allard Walden (OR) Obey Scott (VA)
Berry Diaz-Balart, M. (TX) Waxman
Mica Royce Walsh (NY) Olver Sensenbrenner
Biggert Dicks Jefferson Weiner
Michaud Ruppersberger Walz (MN) Ortiz Serrano
Bilbray Dingell Jindal Welch (VT)
Miller (FL) Rush Wamp Pallone Sessions
Miller (MI) Ryan (OH) Wasserman Bilirakis Doggett Johnson (GA) Pascrell Sestak Weldon (FL)
Miller (NC) Ryan (WI) Schultz Bishop (GA) Donnelly Johnson (IL) Pastor Shadegg Weller
Miller, Gary Salazar Waters Bishop (NY) Doolittle Johnson, E. B. Paul Shays Westmoreland
Miller, George Sali Watson Bishop (UT) Doyle Johnson, Sam Payne Shea-Porter Wexler
Mitchell Sanchez, Linda Watt Blackburn Drake Jones (NC) Pearce Sherman Whitfield
Mollohan T. Waxman Blumenauer Dreier Jordan Pence Shimkus Wicker
Moore (KS) Sanchez, Loretta Weiner Blunt Duncan Kagen Perlmutter Shuler Wilson (NM)
Moore (WI) Sarbanes Welch (VT) Boehner Edwards Kanjorski Peterson (MN) Shuster Wilson (OH)
Moran (KS) Saxton Weldon (FL) Bonner Ehlers Kaptur Peterson (PA) Simpson Wilson (SC)
Moran (VA) Schakowsky Weller Bono Ellison Keller Petri Sires Wolf
Murphy (CT) Schiff Westmoreland Boozman Ellsworth Kennedy Pickering Skelton Woolsey
Murphy, Patrick Schmidt Wexler Boren Emanuel Kildee Pitts Slaughter Wu
Murphy, Tim Schwartz Whitfield Boswell Emerson Kilpatrick Platts Smith (NE) Wynn
Murtha Scott (GA) Wicker Boucher English (PA) Kind Poe Smith (NJ) Yarmuth
Musgrave Scott (VA) Wilson (NM) Boustany Eshoo King (IA) Pomeroy Smith (TX) Young (AK)
Myrick Sensenbrenner Wilson (OH) Boyd (FL) Etheridge King (NY) Porter Smith (WA) Young (FL)
Nadler Serrano Wilson (SC) Boyda (KS) Everett Kingston
Napolitano Sessions Wolf Brady (PA) Fallin Kirk NOT VOTING13
Neal (MA) Sestak Woolsey Brady (TX) Farr Klein (FL) Davis, Jo Ann Hulshof McMorris
Neugebauer Shadegg Wu Braley (IA) Fattah Kline (MN) DeGette Hunter Rodgers
Nunes Shays Wynn Brown (SC) Feeney Knollenberg Engel Jones (OH) Oberstar
Obey Shea-Porter Yarmuth Brown, Corrine Ferguson Kucinich Fossella Marshall
Brown-Waite, Filner Kuhl (NY) Radanovich
Olver Sherman Young (AK) Granger McCaul (TX)
Ortiz Shimkus Young (FL) Ginny Flake LaHood
Buchanan Forbes Lamborn
NOT VOTING11 Burgess Fortenberry Lampson
b 1830
Davis, Jo Ann Fossella Jones (OH) Burton (IN) Foxx Langevin So (two-thirds being in the affirma-
DeGette Granger McMorris Butterfield Frank (MA) Lantos
Buyer Franks (AZ) Larsen (WA)
tive) the rules were suspended and the
Engel Hulshof Rodgers
English (PA) Hunter Oberstar Calvert Frelinghuysen Larson (CT) bill, as amended, was passed.
Camp (MI) Gallegly Latham The result of the vote was announced
b 1822 Campbell (CA) Garrett (NJ) LaTourette as above recorded.
Cannon Gerlach Lee
Mr. STUPAK changed his vote from Cantor Giffords Levin A motion to reconsider was laid on
nay to yea. Capito Gilchrest Lewis (CA) the table.
So (two-thirds being in the affirma- Capps Gillibrand Lewis (GA)
Capuano Gillmor Lewis (KY) f
tive) the rules were suspended and the
Cardoza Gingrey Linder
bill, as amended, was passed. Carnahan Gohmert Lipinski CHIROPRACTIC CARE AVAILABLE
The result of the vote was announced Carney Gonzalez LoBiondo TO ALL VETERANS ACT
as above recorded. Carson Goode Loebsack
A motion to reconsider was laid on Carter Goodlatte Lofgren, Zoe The SPEAKER pro tempore. The un-
the table. Castle Gordon Lowey finished business is the vote on the mo-
Castor Graves Lucas tion to suspend the rules and pass the
f Chabot Green, Al Lungren, Daniel
Chandler Green, Gene E. bill, H.R. 1470, on which the yeas and
RETURNING SERVICEMEMBER VA Clarke Grijalva Lynch nays were ordered.
HEALTHCARE INSURANCE ACT Clay Gutierrez Mack The Clerk read the title of the bill.
OF 2007 Cleaver Hall (NY) Mahoney (FL)
The SPEAKER pro tempore. The
mstockstill on PROD1PC66 with HOUSE

Clyburn Hall (TX) Maloney (NY)


The SPEAKER pro tempore. The un- Coble Hare Manzullo question is on the motion offered by
finished business is the vote on the mo- Cohen Harman Marchant the gentleman from California (Mr.
Cole (OK) Hastert Markey FILNER) that the House suspend the
tion to suspend the rules and pass the Conaway Hastings (FL) Matheson
bill, H.R. 612, as amended, on which the Conyers Hastings (WA) Matsui rules and pass the bill, H.R. 1470.
yeas and nays were ordered. Cooper Hayes McCarthy (CA) This will be a 5-minute vote.

VerDate Aug 31 2005 03:28 May 24, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A23MY7.047 H23MYPT1
H5682 CONGRESSIONAL RECORD HOUSE May 23, 2007
The vote was taken by electronic de- Moran (VA) Rohrabacher Sullivan [Roll No. 413]
Murphy (CT) Ros-Lehtinen Sutton
vice, and there wereyeas 421, nays 1, Murphy, Patrick Roskam Tancredo YEAS421
not voting 10, as follows: Murphy, Tim Ross Tanner
Abercrombie Davis, Lincoln Johnson, Sam
Murtha Rothman Tauscher
[Roll No. 412] Musgrave Roybal-Allard Taylor
Ackerman Davis, Tom Jones (NC)
Aderholt Deal (GA) Jordan
YEAS421 Myrick Royce Terry
Akin DeFazio Kagen
Nadler Ruppersberger Thompson (CA)
Abercrombie Davis (AL) Issa Alexander Delahunt Kanjorski
Napolitano Rush Thompson (MS)
Ackerman Davis (CA) Jackson (IL) Neal (MA) Ryan (OH) Thornberry Allen DeLauro Kaptur
Aderholt Davis (IL) Jackson-Lee Neugebauer Ryan (WI) Tiahrt Altmire Dent Keller
Akin Davis (KY) (TX) Nunes Salazar Tiberi Andrews Diaz-Balart, L. Kennedy
Alexander Davis, David Jefferson Obey Sali Tierney Arcuri Diaz-Balart, M. Kildee
Allen Davis, Lincoln Jindal Olver Sanchez, Linda Towns Baca Dicks Kilpatrick
Altmire Davis, Tom Johnson (GA) Ortiz T. Turner Bachmann Dingell Kind
Andrews Deal (GA) Johnson (IL) Pallone Sanchez, Loretta Udall (CO) Bachus Doggett King (IA)
Arcuri DeFazio Johnson, E. B. Pascrell Sarbanes Udall (NM) Baird Donnelly King (NY)
Baca Delahunt Johnson, Sam Pastor Saxton Upton Baker Doolittle Kingston
Bachmann DeLauro Jones (NC) Paul Schakowsky Van Hollen Baldwin Doyle Kirk
Bachus Dent Jordan Payne Schiff Velazquez Barrett (SC) Drake Klein (FL)
Baird Diaz-Balart, L. Kagen Pearce Schmidt Visclosky Barrow Dreier Kline (MN)
Baker Diaz-Balart, M. Kanjorski Pence Schwartz Walberg Bartlett (MD) Duncan Knollenberg
Baldwin Dicks Kaptur Perlmutter Scott (GA) Walden (OR) Barton (TX) Edwards Kucinich
Barrett (SC) Dingell Keller Peterson (MN) Scott (VA) Walsh (NY) Bean Ehlers Kuhl (NY)
Barrow Doggett Kennedy Peterson (PA) Sensenbrenner Walz (MN) Becerra Ellison LaHood
Bartlett (MD) Donnelly Kildee Petri Serrano Wamp Berkley Ellsworth Lamborn
Barton (TX) Doolittle Kilpatrick Pickering Sessions Wasserman Berman Emanuel Lampson
Bean Doyle Kind Pitts Sestak Schultz Berry Emerson Langevin
Becerra Drake King (IA) Platts Shadegg Waters Biggert English (PA) Lantos
Berkley Dreier King (NY) Poe Shays Watson Bilbray Eshoo Larsen (WA)
Berman Duncan Kingston Pomeroy Shea-Porter Watt Bilirakis Etheridge Larson (CT)
Berry Edwards Kirk Porter Sherman Waxman Bishop (GA) Everett Latham
Biggert Ehlers Klein (FL) Price (GA) Shimkus Weiner Bishop (NY) Fallin LaTourette
Bilbray Ellison Kline (MN) Price (NC) Shuler Welch (VT) Bishop (UT) Farr Lee
Bilirakis Ellsworth Knollenberg Pryce (OH) Shuster Weldon (FL) Blackburn Fattah Levin
Bishop (GA) Emanuel Kucinich Putnam Simpson Weller Blumenauer Feeney Lewis (CA)
Bishop (NY) Emerson Kuhl (NY) Radanovich Sires Westmoreland Blunt Ferguson Lewis (GA)
Bishop (UT) English (PA) LaHood Rahall Skelton Wexler Boehner Filner Lewis (KY)
Blackburn Eshoo Lamborn Ramstad Slaughter Whitfield Bonner Flake Linder
Blumenauer Etheridge Lampson Rangel Smith (NE) Wicker Bono Forbes Lipinski
Blunt Everett Langevin Regula Smith (NJ) Wilson (NM) Boozman Fortenberry LoBiondo
Boehner Fallin Lantos Rehberg Smith (TX) Wilson (OH) Boren Foxx Loebsack
Bonner Farr Larsen (WA) Reichert Smith (WA) Wilson (SC) Boswell Frank (MA) Lofgren, Zoe
Bono Fattah Larson (CT) Renzi Snyder Wolf Boucher Franks (AZ) Lowey
Boozman Feeney Latham Reyes Solis Woolsey Boustany Frelinghuysen Lucas
Boren Ferguson LaTourette Reynolds Souder Wu Boyd (FL) Gallegly Lungren, Daniel
Boswell Filner Lee Rodriguez Space Wynn Boyda (KS) Garrett (NJ) E.
Boucher Flake Levin Rogers (AL) Spratt Yarmuth Brady (PA) Gerlach Lynch
Boustany Forbes Lewis (CA) Rogers (KY) Stearns Young (AK) Brady (TX) Giffords Mack
Boyd (FL) Fortenberry Lewis (GA) Rogers (MI) Stupak Young (FL) Braley (IA) Gilchrest Mahoney (FL)
Boyda (KS) Foxx Lewis (KY) Brown (SC) Gillibrand Maloney (NY)
Brady (PA) Frank (MA) Linder NAYS1 Brown, Corrine Gillmor Manzullo
Brady (TX) Franks (AZ) Lipinski Stark Brown-Waite, Gingrey Marchant
Braley (IA) Frelinghuysen LoBiondo Ginny Gohmert Markey
Brown (SC) Gallegly Loebsack NOT VOTING10 Buchanan Gonzalez Marshall
Brown, Corrine Garrett (NJ) Lofgren, Zoe Burgess Goode Matheson
Davis, Jo Ann Granger McMorris
Brown-Waite, Gerlach Lowey Burton (IN) Goodlatte Matsui
DeGette Hulshof Rodgers
Ginny Giffords Lucas Butterfield Gordon McCarthy (CA)
Engel Hunter Oberstar
Buchanan Gilchrest Lungren, Daniel Buyer Graves McCarthy (NY)
Fossella Jones (OH)
Burgess Gillibrand E. Calvert Green, Al McCaul (TX)
Burton (IN) Gillmor Lynch Camp (MI) Green, Gene McCollum (MN)
Butterfield Gingrey Mack b 1838 Campbell (CA) Grijalva McCotter
Buyer Gohmert Mahoney (FL) So (two-thirds being in the affirma- Cantor Gutierrez McCrery
Calvert Gonzalez Maloney (NY) Capito Hall (NY) McDermott
Camp (MI) Goode Manzullo tive) the rules were suspended and the Capps Hall (TX) McGovern
Campbell (CA) Goodlatte Marchant bill was passed. Capuano Hare McHenry
Cannon Gordon Markey The result of the vote was announced Cardoza Harman McHugh
Cantor Graves Marshall Carnahan Hastert McIntyre
Capito Green, Al Matheson
as above recorded. Carney Hastings (FL) McKeon
Capps Green, Gene Matsui A motion to reconsider was laid on Carson Hastings (WA) McNerney
Capuano Grijalva McCarthy (CA) the table. Carter Hayes McNulty
Cardoza Gutierrez McCarthy (NY) Castle Heller Meehan
Carnahan Hall (NY) McCaul (TX) f Castor Hensarling Meek (FL)
Carney Hall (TX) McCollum (MN) Chabot Herger Meeks (NY)
Carson Hare McCotter TRAUMATIC BRAIN INJURY Chandler Herseth Sandlin Melancon
Carter Harman McCrery HEALTH ENHANCEMENT AND Clarke Higgins Mica
Castle Hastert McDermott Clay Hill Michaud
Castor Hastings (FL) McGovern LONG-TERM SUPPORT ACT OF Cleaver Hinchey Miller (FL)
Chabot Hastings (WA) McHenry 2007 Clyburn Hinojosa Miller (MI)
Chandler Hayes McHugh Coble Hirono Miller (NC)
Clarke Heller McIntyre The SPEAKER pro tempore. The un- Cohen Hobson Miller, Gary
Clay Hensarling McKeon finished business is the vote on the mo- Cole (OK) Hodes Miller, George
Cleaver Herger McNerney tion to suspend the rules and pass the Conaway Hoekstra Mitchell
Clyburn Herseth Sandlin McNulty Conyers Holden Mollohan
Coble Higgins Meehan
bill, H.R. 2199, as amended, on which Cooper Holt Moore (KS)
Cohen Hill Meek (FL) the yeas and nays were ordered. Costa Honda Moore (WI)
Cole (OK) Hinchey Meeks (NY) The Clerk read the title of the bill. Costello Hooley Moran (KS)
Conaway Hinojosa Melancon The SPEAKER pro tempore. The Courtney Hoyer Moran (VA)
Conyers Hirono Mica Cramer Inglis (SC) Murphy (CT)
Cooper Hobson Michaud question is on the motion offered by Crenshaw Inslee Murphy, Patrick
Costa Hodes Miller (FL) the gentleman from California (Mr. Crowley Israel Murphy, Tim
Costello Hoekstra Miller (MI) FILNER) that the House suspend the Cubin Issa Murtha
Courtney Holden Miller (NC) Cuellar Jackson (IL) Musgrave
rules and pass the bill, H.R. 2199, as
mstockstill on PROD1PC66 with HOUSE

Cramer Holt Miller, Gary Culberson Jackson-Lee Myrick


Crenshaw Honda Miller, George amended. Cummings (TX) Nadler
Crowley Hooley Mitchell This will be a 5-minute vote. Davis (AL) Jefferson Napolitano
Cubin Hoyer Mollohan The vote was taken by electronic de- Davis (CA) Jindal Neal (MA)
Cuellar Inglis (SC) Moore (KS) Davis (IL) Johnson (GA) Neugebauer
Culberson Inslee Moore (WI) vice, and there wereyeas 421, nays 0, Davis (KY) Johnson (IL) Nunes
Cummings Israel Moran (KS) not voting 11, as follows: Davis, David Johnson, E. B. Obey

VerDate Aug 31 2005 04:39 May 24, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K23MY7.126 H23MYPT1
May 23, 2007 CONGRESSIONAL RECORD HOUSE H5683
Olver Ryan (OH) Tauscher [Roll No. 414] Pastor Sali Thompson (CA)
Ortiz Ryan (WI) Taylor Paul Sanchez, Linda Thompson (MS)
Pallone Salazar Terry YEAS414 Payne T. Thornberry
Pascrell Sali Thompson (CA) Pearce Sarbanes Tiahrt
Abercrombie Davis, Tom Jordan
Pastor Sanchez, Linda Thompson (MS) Pence Saxton Tiberi
Ackerman Deal (GA) Kagen
Paul T. Thornberry Perlmutter Schakowsky Tierney
Aderholt DeFazio Kanjorski
Payne Sanchez, Loretta Tiahrt Peterson (MN) Schiff Towns
Akin Delahunt Kaptur
Pearce Sarbanes Tiberi Peterson (PA) Schmidt Turner
Alexander DeLauro Keller
Pence Saxton Tierney Petri Schwartz Udall (CO)
Perlmutter Schakowsky Towns Allen Dent Kennedy Pitts Scott (GA)
Altmire Diaz-Balart, L. Kildee Udall (NM)
Peterson (MN) Schiff Turner Platts Scott (VA) Upton
Peterson (PA) Schmidt Udall (CO) Andrews Diaz-Balart, M. Kilpatrick Poe Sensenbrenner
Arcuri Dicks Kind Van Hollen
Petri Schwartz Udall (NM) Pomeroy Serrano Velazquez
Pickering Scott (GA) Upton Baca Dingell King (IA) Porter Sessions
Bachmann Doggett King (NY) Visclosky
Pitts Scott (VA) Van Hollen Price (GA) Sestak Walberg
Platts Sensenbrenner Velazquez Bachus Donnelly Kingston Price (NC) Shadegg
Baird Doolittle Kirk Walden (OR)
Poe Serrano Visclosky Pryce (OH) Shays
Baker Doyle Klein (FL) Walsh (NY)
Pomeroy Sessions Walberg Putnam Shea-Porter
Baldwin Drake Kline (MN) Walz (MN)
Porter Sestak Walden (OR) Radanovich Sherman
Barrett (SC) Dreier Knollenberg Wamp
Price (GA) Shadegg Walsh (NY) Rahall Shimkus
Barrow Duncan Kucinich Wasserman
Price (NC) Shays Walz (MN) Ramstad Shuler
Bartlett (MD) Edwards Kuhl (NY) Schultz
Pryce (OH) Shea-Porter Wamp Rangel Shuster
Putnam Sherman Wasserman Barton (TX) Ehlers LaHood Regula Simpson Waters
Radanovich Shimkus Schultz Bean Ellison Lamborn Rehberg Sires Watson
Rahall Shuler Waters Becerra Ellsworth Lampson Reichert Skelton Watt
Ramstad Shuster Watson Berkley Emanuel Langevin Renzi Slaughter Waxman
Rangel Simpson Watt Berman Emerson Lantos Reyes Smith (NE) Weiner
Regula Sires Waxman Berry English (PA) Larsen (WA) Reynolds Smith (NJ) Welch (VT)
Rehberg Skelton Weiner Biggert Eshoo Larson (CT) Rodriguez Smith (TX) Weldon (FL)
Reichert Slaughter Welch (VT) Bilbray Etheridge Latham Rogers (AL) Smith (WA) Weller
Renzi Smith (NE) Weldon (FL) Bishop (GA) Everett LaTourette Rogers (KY) Snyder Westmoreland
Reyes Smith (NJ) Weller Bishop (NY) Fallin Lee Rogers (MI) Solis Wexler
Reynolds Smith (TX) Westmoreland Bishop (UT) Farr Levin Rohrabacher Souder Whitfield
Rodriguez Smith (WA) Wexler Blackburn Fattah Lewis (CA) Ros-Lehtinen Space Wicker
Rogers (AL) Snyder Whitfield Blumenauer Feeney Lewis (GA) Roskam Spratt Wilson (NM)
Rogers (KY) Solis Wicker Blunt Ferguson Lewis (KY) Ross Stark Wilson (OH)
Rogers (MI) Souder Wilson (NM) Boehner Filner Linder Rothman Stearns Wilson (SC)
Rohrabacher Space Wilson (OH) Bonner Flake Lipinski Roybal-Allard Stupak Wolf
Ros-Lehtinen Spratt Wilson (SC) Bono Forbes LoBiondo Royce Sutton Woolsey
Roskam Stark Wolf Boozman Fortenberry Loebsack Ruppersberger Tancredo Wu
Ross Stearns Woolsey Boren Foxx Lofgren, Zoe Rush Tanner Wynn
Rothman Stupak Wu Boswell Frank (MA) Lowey Ryan (OH) Tauscher Yarmuth
Roybal-Allard Sullivan Wynn Boustany Franks (AZ) Lucas Ryan (WI) Taylor Young (AK)
Royce Sutton Yarmuth Boyd (FL) Frelinghuysen Lungren, Daniel Salazar Terry Young (FL)
Ruppersberger Tancredo Young (AK) Boyda (KS) Gallegly E.
Rush Tanner Young (FL) Brady (PA) Garrett (NJ) Lynch NOT VOTING18
Brady (TX) Gerlach Mack Bilirakis Granger Murtha
NOT VOTING11 Braley (IA) Giffords Mahoney (FL) Boucher Hulshof Oberstar
Brown (SC) Gilchrest Maloney (NY) Davis, Jo Ann Hunter
Cannon Fossella Jones (OH) Pickering
Brown, Corrine Gillibrand Manzullo DeGette Jones (OH)
Davis, Jo Ann Granger McMorris Sanchez, Loretta
Brown-Waite, Gillmor Marchant Engel McMorris
DeGette Hulshof Rodgers Sullivan
Ginny Gingrey Markey Fossella Rodgers
Engel Hunter Oberstar
Buchanan Gonzalez Marshall Gohmert Meek (FL)
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burgess Goode Matheson
The SPEAKER pro tempore (during
Burton (IN) Goodlatte Matsui b 1851
Butterfield Gordon McCarthy (CA)
the vote). Members are advised 2 min- Buyer Graves McCarthy (NY) So (two-thirds being in the affirma-
utes remain in this vote. Calvert Green, Al McCaul (TX) tive) the rules were suspended and the
Camp (MI) Green, Gene McCollum (MN)
Campbell (CA) Grijalva McCotter bill, as amended, was passed.
b 1844 Cannon Gutierrez McCrery The result of the vote was announced
Cantor Hall (NY) McDermott as above recorded.
So (two-thirds being in the affirma- Capito Hall (TX) McGovern
Capps Hare McHenry
A motion to reconsider was laid on
tive) the rules were suspended and the
Capuano Harman McHugh the table.
bill, as amended, was passed. Cardoza Hastert McIntyre
The result of the vote was announced Carnahan Hastings (FL) McKeon
f
as above recorded. Carney Hastings (WA) McNerney
REMOVAL OF NAME OF MEMBER
Carson Hayes McNulty
A motion to reconsider was laid on Carter Heller Meehan AS COSPONSOR OF H.R. 1649
the table. Castle Hensarling Meeks (NY)
Castor Herger Melancon
Ms. HERSETH SANDLIN. Mr. Speak-
Chabot Herseth Sandlin Mica er, I ask unanimous consent to remove
f
Chandler Higgins Michaud the name of Congressman JAMES
Clarke Hill Miller (FL) MORAN of Virginia as a cosponsor to
EARLY ACCESS TO VOCATIONAL Clay Hinchey Miller (MI)
Cleaver Hinojosa Miller (NC) H.R. 1649, who was added inadvertently
REHABILITATION AND EMPLOY- Clyburn Hirono Miller, Gary as a cosponsor to that bill.
MENT BENEFITS ACT Coble Hobson Miller, George The SPEAKER pro tempore (Mr.
Cohen Hodes Mitchell
The SPEAKER pro tempore. The un- Cole (OK) Hoekstra Mollohan
HALL of New York). Is there objection
finished business is the vote on the mo- Conaway Holden Moore (KS) to the request of the gentlewoman
tion to suspend the rules and pass the Conyers Holt Moore (WI) from South Dakota?
Cooper Honda Moran (KS) There was no objection.
bill, H.R. 2239, as amended, on which Costa Hooley Moran (VA)
the yeas and nays were ordered. Costello Hoyer Murphy (CT) f
The Clerk read the title of the bill. Courtney Inglis (SC) Murphy, Patrick
The SPEAKER pro tempore. The Cramer Inslee Murphy, Tim HONORING JACK BORMAN
Crenshaw Israel Musgrave
question is on the motion offered by Crowley Issa Myrick (Mr. DAVIS of Kentucky asked and
the gentleman from California (Mr. Cubin Jackson (IL) Nadler was given permission to address the
FILNER) that the House suspend the Cuellar Jackson-Lee Napolitano House for 1 minute and to revise and
Culberson (TX) Neal (MA)
rules and pass the bill, H.R. 2239, as extend his remarks.)
mstockstill on PROD1PC66 with HOUSE

Cummings Jefferson Neugebauer


amended. Davis (AL) Jindal Nunes Mr. DAVIS of Kentucky. Mr. Speak-
This will be a 5-minute vote. Davis (CA) Johnson (GA) Obey er, I rise today to honor the achieve-
The vote was taken by electronic de- Davis (IL) Johnson (IL) Olver ments of Jack Borman. In a few days,
Davis (KY) Johnson, E. B. Ortiz
vice, and there wereyeas 414, nays 0, Davis, David Johnson, Sam Pallone Jack will be retiring from the Kenton
not voting 18, as follows: Davis, Lincoln Jones (NC) Pascrell County Sheriffs Department, and I

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H5684 CONGRESSIONAL RECORD HOUSE May 23, 2007
think this is the ideal time to honor ment of the Army authorized the cre- siasm that has resulted in unprece-
his dedication and lifetime of service ation of the Army Combat Action dented growth for the organization.
to our Nation. Badge. This important badge provides Under Terrys leadership, the Boys
As a young man from Silver Grove, recognition to our soldiers who person- and Girl Club of Greater La Crosse has
Kentucky, Jack joined the military ally engaged the enemy in combat. flourished, growing from a small orga-
and was deployed to fight in the Ko- However, the Armys current policy nization into one of the premier clubs
rean War. He bravely fought in mis- limits eligibility to those who meet its throughout the country. The organiza-
sions at Triangle Hill, in Operation criteria after September 18, 2001. tion has expanded to six different loca-
Smack and in the now infamous battle As such, the Combat Action Badge tions, including a partnership with
at Pork Chop Hill. For his bravery and overlooks thousands of veterans who Viterbo University. Recently, Terrys
valor at the Battle of Pork Chop Hill, made similar sacrifices in previous university president, Bill Medlandis,
one of the most deadly battles of the wars. Ive heard from many veterans and the Mathy familys dedication to
Korean War, he was awarded the Silver who feel slighted by the Armys failure this partnership resulted in the Amie
Star and a Purple Heart. to recognize their own heroism. L. Mathy Center, a club located on the
Several years ago, MGM Studios re- In response, Ive reintroduced my leg- campus of Viterbo University that en-
leased a film about this battle, and islation, H.R. 2267, to expand eligibility riches academic support for children.
Jack added movie star to his long list for this award to those soldiers who The number of lives Terry has posi-
of lifetime accomplishments. From served during the dates ranging from tively affected throughout the years is
fighting in Korea to serving Kenton December 7, 1941, to September 18, 2001. impossible to quantify. I know my two
County, he has selflessly served and This expansion would be a fitting trib- boys have greatly benefited from their
protected us. Jack, we thank you for ute to countless individuals who made experiences with the club and from
your service and wish you much suc- sacrifices for our country. Terrys selfless example. Because of
cess in your retirement. Terrys guidance, the Boys and Girls
f Club of Greater La Crosse has created a
Jack is a busy grandfather to 19
grandchildren. Im sure his life will SPECIAL ORDERS haven for youth and a sense of commu-
continue to be a great adventure. For nity in the area.
The SPEAKER pro tempore. Under Terry simply brings out the best in
all that, thank you for your service. the Speakers announced policy of Jan- people, whether they are young chil-
f uary 18, 2007, and under a previous dren and students who benefited from
PLEASE OPPOSE THE IRAQ WAR order of the House, the following Mem- the clubs many activities, or the
SUPPLEMENTAL bers will be recognized for 5 minutes countless adults who have volunteered
each. their time to make the La Crosse club
(Mr. KUCINICH asked and was given
f one of the premier models in our coun-
permission to address the House for 1
minute and to revise and extend his re- b 1900 try.
It has been said that great teachers
marks.)
RECOGNIZING THE WORK OF enjoy a special immortality because
Mr. KUCINICH. Mr. Speaker, the Iraq
TERRY ERICKSON their influence never stops radiating. I
War supplemental on the floor tomor-
The SPEAKER pro tempore. Under a just hope that upon his retirement,
row will in no way pressure the Presi-
previous order of the House, the gen- Terry appreciates the wonderful teach-
dent to end the war in Iraq, despite the
tleman from Wisconsin (Mr. KIND) is ing that he has done and the countless
fact that voters gave our majority last
recognized for 5 minutes. lives that he has influenced.
November the responsibility to do that, I am proud to count myself as one of
end the war. Mr. KIND. Mr. Speaker, I rise today
to pay tribute to Terry Erickson, a Terrys products, and I am even
The benchmarks in the war supple- prouder to call him my friend. Al-
mental force the Iraqis to privatize, or man who has dedicated his lifes work
to helping children. Terry has tire- though Terrys service and commit-
turn over to multinational oil inter- ment to the children of the La Crosse
ests, their oil industry by demanding lessly served western Wisconsin youth
area will be deeply missed upon his re-
passage of the Iraqi Hydrocarbon Act. I for over 40 years, mainly as the execu-
tirement, the solid foundation he has
spoke on the House floor today for an tive director of the Boys and Girls Club
laid for the club will empower children
hour documenting the evidence. of Greater La Crosse, a place I proudly
for decades to come.
But if the Iraqis refuse to turn over called my second home while growing I also want to congratulate my child-
the oil resources, the terms of the bill up on the north side of La Crosse. hood friend and classmate Kevin John-
are blackmail. The war supplemental For over 100 years, the Boys and Girls ston, who was chosen to take over for
demands passage of the Iraqi bill by Club of America has been fostering an Terry at the club. I couldnt imagine a
blocking over $1 billion in reconstruc- environment of hope and opportunity better selection, given Kevins history
tion funds if the Iraqis refuse to com- for all children. In addition to pro- with the club, his passion for youth of
ply. moting character development and our community and his close relation-
We need to send a message to the educational progress, the club creates a ship with Terry throughout the years. I
voters that we do not support safe environment so kids can simply know Kevin will excel in his new posi-
privatizing Iraqi oil by force, nor do we play and enjoy themselves. In fact, tion.
support the continued funding of this some of my fondest childhood memo- I commend Terry for his unyielding
war. ries are a result of my participation in service and dedication to the commu-
It is not credible to maintain that the La Crosse club. nity. As in any lengthy undertaking,
one opposes the war and yet continues At a time when many temptations Terrys service to our children required
to fund it. Continuing to fund the war existed in our neighborhoods for chil- tremendous personal time and sacrifice
is not a plan. It would represent the dren and when there were plenty of op- by himself and his entire family.
continuation of a disaster. A better ap- portunities for us to get into trouble, I Thats why, on behalf of all the chil-
proach is the 12-point plan established found the club to be a safe haven for dren in the La Crosse area, I would like
in H.R. 1234. me and many other students for play- to thank Terry, Sue and their entire
f ing sports or just hanging out with our family for the impact that they have
friends. had in the La Crosse community. I
EXPAND ELIGIBILITY FOR THE Since the creation of the Boys and wish Terry and Sue all the best as they
ARMYS COMBAT ACTION BADGE Girls Club of Greater La Crosse in 1966, close this chapter in their lives and
(Ms. GINNY BROWN-WAITE of Flor- Terry has been a champion for youth
mstockstill on PROD1PC66 with HOUSE

begin a new one. But knowing Terry, I


ida asked and was given permission to programming and a father-like figure am sure the best interests of our youth
address the House for 1 minute and to for many of us. Terrys devotion to the will be close at hand.
revise and extend her remarks.) clubs goal of inspiring all young peo- Congratulations, Terry. Thank you
Ms. GINNY BROWN-WAITE of Flor- ple to realize their full potential is for a job well done. We all wish you
ida. Mr. Speaker, in 2005, the Depart- unrivaled. It is this passion and enthu- Godspeed.

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5685
The SPEAKER pro tempore (Mr. that they havent forgotten their goal Under Mossadegh, the Iranian Gov-
HALL of New York). Under a previous of an al Qaeda attack on Washington, ernment decided to reclaim Irans
order of the House, the gentleman from D.C., this city. rightful ownership to its national oil
North Carolina (Mr. JONES) is recog- I dont tout television shows very treasure, which had been exclusively
nized for 5 minutes. often, but occasionally I urge my col- controlled by the British, who were
(Mr. JONES of North Carolina ad- leagues to watch something that I taking 85 percent of the profits. Oh, by
dressed the House. His remarks will ap- think is important. I just say to my the way, the United Kingdom also kept
pear hereafter in the Extensions of Re- colleague, I understand that tonight on the books secret, merely telling Iran
marks.) the OReilly show on Fox Network, he what its 15 percent take was.
f is going to talk about a poll that was As soon as Mossadegh began to re-
taken among Muslims in the United claim Irans oil, it was all over. Oper-
NEW AL QAEDA TAPES FEATURE
States. There are approximately 6 mil- ation Ajax was set into motion. The
U.S. CAPITOL UNDER ATTACK
lion Muslims in the United States, and U.S. Embassy in Tehran provoked
The SPEAKER pro tempore. Under a I believe that 99 percent of them or 95 phony and internal Iranian dissent,
previous order of the House, the gen- percent of them are very patriotic while the Brits engineered an Iranian
tleman from Indiana (Mr. BURTON) is Americans. But in this poll they found financial crisis by orchestrating a glob-
recognized for 5 minutes. that the Muslims between the ages of al boycott of Iranian oil. We brought
Mr. BURTON of Indiana. Mr. Speak- 18 and 29, approximately around 20 per- down the Iranian Government and in-
er, President Bush today gave a speech, cent of them, are sympathetic to the stalled the Shah. For two decades we
and he talked about the terrorist terrorists who kill themselves, blow propped him up against the will of the
threat, and he talked about the at- themselves up in an attack on Amer- Iranian people. It was all about con-
tempts on the United States that have ican targets. This is a very disturbing trolling Iran. It still is.
taken place since 9/11. He talked a lit- poll that was taken. Today ABC News is reporting exclu-
tle bit about the attempted attack last This is a very trying time for Ameri- sively that this President has author-
week at Fort Dix. cans and for this country. I urge all of ized a new covert CIA plot to bring
Yet I dont believe any of the media my colleagues to remember what the down the Iranian Government. I ask to
is paying any attention to that. It President said after 9/11. Remember, submit for the RECORD the report pro-
seems like every time the President this is a world war against terrorism. duced by the chief investigative re-
talks about the threat, it just never Remember what I just read here that porter Brian Ross and Richard Esposito
makes the television networks. was on the Internet, that their ulti- of ABC News. This is the lead sentence
That is very troubling to me, because mate goal is to attack Washington, in their story: The CIA has received
after 9/11, the President said we are in D.C., and remember that there is a secret Presidential approval to mount
a world war against terrorism, and it growing number of young men in a covert black operation to desta-
may go on for a long, long time. It may America, Muslims, who are very sym- bilize the Iranian Government, current
go on for more than my tenure in of- pathetic to the terrorists who blow and former officials in the Intelligence
fice. It may go on for decades. themselves up. Community tell the Blotter on
When you are fighting a war of ter- We need to make sure that the Amer- ABCNews.com.
rorism like that, you have to be reso- ican people understand the gravity of [From ABC News, May 22, 2007]
lute of purpose. Theres no question this situation. To back down to the BUSH AUTHORIZES NEW COVERT ACTION
that the war thats going on in Iraq terrorists now would be a big mistake. AGAINST IRAN
and Afghanistan has been very trying Its very important that we stay our (By Brian Ross and Richard Esposito)
on the American people, but this is a ground in Iraq and throughout the The CIA has received secret presidential
war against terrorism, and we must be world and send a message to the terror- approval to mount a covert black oper-
resolute of purpose. ists that we will not surrender and we ation to destabilize the Iranian government,
This week on the Internet, al Qaeda will not be defeated. current and former officials in the intel-
had put out a new message to possible ligence community tell the Blotter on
recruits for them around the world. I f ABCNews.com.
would like to read to you what was on The SPEAKER pro tempore. Under a The sources, who spoke on the condition of
the Internet. previous order of the House, the gen- anonymity because of the sensitive nature of
It says, al Qaeda has a new opening tleman from Utah (Mr. MATHESON) is the subject, say President Bush has signed a
recognized for 5 minutes. nonlethal presidential finding that puts
graphic for its propaganda tapes, the into motion a CIA plan that reportedly in-
U.S. Capitol, thats this place right (Mr. MATHESON addressed the
cludes a coordinated campaign of propa-
here, under attack. His quote, The Is- House. His remarks will appear here- ganda, disinformation and manipulation of
lamic State of Iraq . . . March Towards after in the Extensions of Remarks.) Irans currency and international financial
Washington, reads the headline in f transactions.
English superimposed over a digitally I cant confirm or deny whether such a
created scene of the U.S. Capitol under BUSH AUTHORIZES COVERT program exists or whether the president
attack in the introductory sequence of ACTION AGAINST IRAN signed it, but it would be consistent with an
overall American approach trying to find
one tape released on the Internet this The SPEAKER pro tempore. Under a ways to put pressure on the regime, said
week. previous order of the House, the gen- Bruce Riedel, a recently retired CIA senior
Another from al Qaedas as Sahab tleman from Washington (Mr. official who dealt with Iran and other coun-
production arm announces, Holocaust MCDERMOTT) is recognized for 5 min- tries in the region.
of the Americans in the land of utes. A National Security Council spokesperson,
Khorasan, and shows an image of the Mr. MCDERMOTT. Mr. Speaker, the Gordon Johndroe, said, The White House
U.S. Capitol. They introduce a short President and the Vice President have does not comment on intelligence matters.
vowed to repeat the mistakes of his- A CIA spokesperson said, As a matter of
clip of al Qaeda fighters.
course, we do not comment on allegations of
This is a disturbing trend, says tory, and they have put into motion a covert activity.
Laura Mansfield, an Arabic expert who plan to do just that in Iran, even as the The sources say the CIA developed the cov-
monitors jihadi videos on the Internet. House is about to send the President a ert plan over the last year and received ap-
Recall that in January of 2006, Osama box of blank checks for Iraq against proval from White House officials and other
bin Laden said that plans for attacks the will of the American people. officials in the intelligence community.
in the U.S. were in progress, Mans- History is worth noting. In 1953, the Officials say the covert plan is designed to
field told the Blotter on ABCNews.com. United States and the United Kingdom pressure Iran to stop its nuclear enrichment
mstockstill on PROD1PC66 with HOUSE

program and end aid to insurgents in Iraq.


It may be that this new imagery is de- launched Operation Ajax, a covert CIA
There are some channels where the
signed to motivate terrorist activity in operation to destabilize and remove the United States government may want to do
the U.S., but it is certainly intended as democratically elected Government of things without its hand showing, and legally,
a recruiting tool and perhaps intended Iran, including Prime Minister therefore, the administration would, if its
to reassure al Qaedas jihadi followers Mossadegh. Why? Oil. doing that, need an intelligence finding and

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H5686 CONGRESSIONAL RECORD HOUSE May 23, 2007
would need to tell the Congress, said ABC national security advisor for global democ- total control of the spigot and the prof-
News consultant Richard Clarke, a former racy strategy, one of the nations most sen- its. Its time to unmask the latest
White House counterterrorism official. ior national security positions. doomed plot to overthrow Iran, and it
Current and former intelligence officials As earlier reported on the Blotter on
say the approval of the covert action means ABCNews.com, the United States has sup-
is past time to get our soldiers out of
the Bush administration, for the time being, ported and encouraged an Iranian militant Iraq.
has decided not to pursue a military option group, Jundullah, that has conducted deadly Nothing less than protecting our
against Iran. raids inside Iran from bases on the rugged troops is acceptable.
Vice President Cheney helped to lead the Iran-Pakistan-Afghanistan tri-border re- f
side favoring a military strike, said former gion.
CIA official Riedel, but I think they have U.S. officials deny any direct funding of NIGHT LIFE IN SALT LAKE CITY
come to the conclusion that a military Jundullah groups but say the leader of The SPEAKER pro tempore. Under a
strike has more downsides than upsides. Jundullah was in regular contact with U.S. previous order of the House, the gen-
The covert action plan comes as U.S. offi- officials.
cials have confirmed Iran had dramatically
tleman from Utah (Mr. BISHOP) is rec-
American intelligence sources say
increased its ability to produce nuclear Jundullah has received money and weapons
ognized for 5 minutes.
weapons material, at a pace that experts said through the Afghanistan and Pakistan mili- Mr. BISHOP of Utah. Mr. Speaker,
would give them the ability to build a nu- tary and Pakistans intelligence service. almost a fortnight ago, one of our col-
clear bomb in two years. Pakistan has officially denied any connec- leagues, the gentleman from Massachu-
Riedel says economic pressure on Iran may tion. setts, was waxing eloquent about con-
be the most effective tool available to the A report broadcast on Iranian TV last Sun- gressional experts, which he considered
CIA, particularly in going after secret ac- day said Iranian authorities had captured 10 to be an oxymoron, as he said, similar
counts used to fund the nuclear program. men crossing the border with $500,000 in cash
The kind of dealings that the Iranian to jumbo shrimp or Salt Lake City
along with maps of sensitive areas and
Revolution Guards are going to do, in terms night life.
modem spy equipment. A senior Pakistani
of purchasing nuclear and missile compo- official told ABCNews.com the 10 men were I have the opportunity of rep-
nents, are likely to be extremely secret, and members of Jundullah. resenting the central and western side
youre going to have to work very, very hard The leader of the Jundullah group, accord- of Salt Lake City, along with my col-
to find them, and thats exactly the kind of ing to the Pakistani official, has been re- league, who hopefully will be here
thing the CIAs nonproliferation center and cruiting and training hundreds of men for later, who lives in and represents the
others would be expert at trying to look unspecified missions across the border in east side of Salt Lake City, Mr. MATHE-
into, Riedel said. Iran.
Under the law, the CIA needs an official SON. Now, its true I dont live in Salt
presidential finding to carry out such covert We are back in 1953, and it worked so Lake City. I live in a much quieter
actions. The CIA is permitted to mount cov- well then. Of course, the Vice President area 60 miles north of a town appro-
ert collection operations without a presi- wanted to invade Iran, so we can be priately called Brigham City. But in
dential finding. sure he will spin new tales of fear in my younger, wilder college days, I did
Presidential findings are kept secret but coming days to keep his preferred op- live in areas that I now represent in
reported to the Senate Select Committee on tion, invasion, by land or by air, very Central City and Capitol Hill in Salt
Intelligence, the House Permanent Select
much alive. The President knows only Lake, an area similar to this except
Committee on Intelligence and other key
congressional leaders. one way: My way or the highway. His about 4,000 feet closer to the heavens.
The nonlethal aspect of the presidential Vice President knows only one way: In- I want you to know in the night life,
finding means CIA officers may not use dead- vade and seize control of what you every evening when you went out, on
ly force in carrying out the secret operations want. And he wants the oil treasure of almost every corner you could find an
against Iran. Iraq and Iran to become wholly owned ice cream parlor. If I ever wanted to
Still, some fear that even a nonlethal cov- subsidiaries of the Western oil compa- forget my worries and drown my sor-
ert CIA program carries great risks. I think
nies he favors. rows, I could easily have a second glass
everybody in the region knows that there is
a proxy war already afoot with the United With Iraq in civil war, the President of warm milk. There are some nights
States supporting anti-Iranian elements in has authorized a secret plan to repeat we put our pajamas on before 8:00, the
the region as well as opposition groups with- the doomed mistakes of history in one without the feet. Even now we will
in Iran, said Vali Nasr, adjunct senior fel- Iran. How many billion dollars of re- occasionally stay up long enough to
low for Mideast studies at the Council on construction money from Iraq will be watch Letterman go through his top 10.
Foreign Relations. And this covert action is siphoned off to deconstruct Iran? Our night life, and he says there is no
now being escalated by the new U.S. direc- The American people are virtually night life, when we wanted to go out at
tive, and that can very quickly lead to Ira-
shouting at us to pay attention and get night, we would take off the working
nian retaliation and a cycle of escalation can
follow, Nasr said. Other lethal findings our soldiers out of Iraq now. Vast sums Wranglers, put on the clean Wranglers
have authorized CIA covert actions against of U.S. money are flowing into Iraq, and go down to 7Eleven and find the
al Qaeda, terrorism and nuclear prolifera- and billions of U.S. dollars are missing. new Slurpee flavors of the month.
tion. The Special Investigator for Iraq Re- For a gourmet night, we could even
Also briefed on the CIA proposal, according construction told a San Antonio news- load up the minivan and supersize
to intelligence sources, were National Secu- paper last week that corruption in Iraq number 5 with extra mayo, for every-
rity Advisor Steve Hadley and Deputy Na- is endemic and debilitating. one except for the driver, because we
tional Security Advisor Elliott Abrams.
The entire plan has been blessed by
But Prime Minister Maliki has grant- dont allow drinking and driving.
Abrams, in particular, said one intelligence ed Ministers and former Ministers im- Thats why some of our cabbies die of
source familiar with the plan. And Hadley munity from prosecution by Iraqs thirst. And you say we have no night
had to put his chop on it. Commission of Public Integrity, and, in life?
Abrams last involvement with attempting turn, the Ministers can shield their Its true our happy hours are deter-
to destabilize a foreign government led to own employees from prosecution, a mined by how much green Jell-O is
criminal charges. He pleaded guilty in Octo- government that has been told by this available, because a party is not a
ber 1991 to two misdemeanor counts of with-
President and Vice President to pass party without green Jell-O and carrot
holding information from Congress about the
Reagan administrations ill-fated efforts to an oil law that transfers control and bits. Indeed, if you order a mixed
destabilize the Nicaraguan Sandinista gov- profits to Western oil companies, just drink, it will definitely involve choco-
ernment in Central America, known as the like the good old days in Iran. Over- late syrup and milk, but you still have
IranContra affair. Abrams was later par- throwing Iran in 1953 was all about oil. to stir vigorously with the straw. And
doned by President George H. W. Bush in De- Invading Iraq was all about oil, and the he says we have no night life?
cember 1992. new secret plot against Iran is all Our baseball fans, after the seventh
In June 2001, Abrams was named by then about oil. inning, can order all the root beer they
mstockstill on PROD1PC66 with HOUSE

National Security Advisor Condoleezza Rice


Oil is the only benchmark this Presi- want. Admittedly, it causes road rage.
to head the National Security Councils of-
fice for democracy, human rights and inter- dent and Vice President want, and they I remember the last time I came out
national operations. On Feb. 2, 2005, National will keep American soldiers fighting when my buggy was cut off by a buck-
Security Advisor Hadley appointed Abrams and dying until an oil law is passed in board wagon, and I have to admit, I
deputy assistant to the president and deputy Iraq that gives Western oil companies said some expletives, like, oh my,

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5687
heck, move that frigging nag. But to duced Deamontes Law, a bill to estab- services at community health centers.
say we have no night life? lish a dental home for every American The program would also provide sup-
Now, lest any other myths continue child by increasing dental services in port for contractual relationships be-
on here, I do want to tell the gen- the community health centers and tween centers and private practice den-
tleman from Massachusetts, if he training more individuals in pediatric tists.
wants to see Tony Award-winning re- dentistry. Deamontes Law would also address
gional drama, he will have to come to The legislation is named for the dentist shortage. The United
Utah, and he will fly into one of the Deamonte Driver, a 12-year-old Mary- States Department of Health and
busiest hubs in the Nation, which is land boy who died on February 25, 2007 Human Services estimates that there is
Salt Lake International. when a tooth infection spread to his a shortage of 4,650 dentists, and pedi-
If he finds himself seated at Pioneer brain. A routine dental checkup might atric dentists are even more scarce.
Memorial Theater or Kingsbury Hall or have saved his life, but Deamonte was Deamontes Law would address this
Rose Wagner Theater, Capitol Theater, poor and homeless and he did not have issue by establishing a 5-year, $5 mil-
he will be seeing Broadway-quality access to a dentist. lion pilot program to enhance training
plays all done by equity actors, or he When I learned of this senseless trag- and academic programs in pediatric
will be listening to some of the finest edy, I was deeply shaken. I simply can- dentistry, recruit and train dentists to
music done by the Utah Opera Com- not comprehend how in this country, study pediatrics, and provide con-
pany or the premiere ballet of the where we have sent men to the Moon, tinuing education for practicing den-
West, which is Ballet West, which is we let a little boys teeth rot so badly tists.
headquartered in Utah, or watching the that his infection became fatal. The legislation is endorsed by the
award-winning Repertory Dance The- I often say that as adults we have a American Dental Association. I was
ater. responsibility to provide for and to pro- joined in introducing this legislation
If he finds himself in Abravenal Hall, tect our children, and we failed miser- by my good friend, Chairman HENRY
he will be listening to one of the best ably to meet that responsibility for lit- WAXMAN of California, and Sub-
symphony orchestras in the Nation. If tle Deamonte. I think we all should be committee Chairman DENNIS KUCINICH
he is at Franklin Covey Field, he will ashamed by that fact. I know I am. of Ohio. I want to thank both Congress-
watch the sun shine on the eastern That is why I have made a commit- men for their leadership and dedication
mountains in the Wasatch over the left ment to addressing this issue from to this issue.
field berm as he sits in probably what every single angle. I knew that if On May 2, 2007, at my request, we
has been considered one of the nicest Deamonte was suffering in my home conducted an oversight hearing enti-
and most beautiful baseball stadiums, State of Maryland, other little boys tled Evaluating Pediatric Dental Care
watching the AAA-Division-leading and girls like him were probably also under Medicaid to Investigate
Salt Lake Bees. He can find private suffering. Deamonte Drivers Death. At the
clubs and dance clubs and comedy To be clear, Deamontes case was hearing, it became apparent that the
clubs and concerts and even, although I rare and extreme. However, even the Centers for Medicare and Medicaid
dont recommend it, get drunk in Salt most casual investigation reveals that Services has categorically failed to
Lake City. children across this great Nation are meet its oversight responsibility with
living with painful, untreated tooth regards to ensuring the State health
b 1915
decay, many of them dangerously close departments and the managed care or-
He might even be able to listen to a to acquiring life-threatening infec- ganizations that they contract with
debate between a publicity-seeking tions. are in compliance with the law.
mayor and a radio talk show host The Centers for Disease Control and Section 1905(r)(3) of the Social Secu-
about Iraq, in which case he would Prevention reports that tooth decay in rity Act ensures that every Medicaid-
probably want to be drunk. It may just baby teeth has increased 15 percent eligible child will have access to medi-
have been under those night lights that among United States toddlers and pre- cally necessary dental care under the
he didnt see much going on; that it schoolers 2 years old to 5 years old be- early and periodic screening, diag-
was one of the nights when the Utah tween 1988 to 1994, and 1994 to 2004. nostic, and treatment provision. How-
Jazz, even though they have had two Tooth decay is the single most com- ever, it is evident from our investiga-
rough difficult nights, were still in- mon childhood chronic disease, and it tion that this has not been the case,
volved in the hunt for the NBA title, disproportionately affects poor and mi- and so I urge my colleagues to join in
something which a team in his State nority children. Eighty percent of den- sponsoring this legislation.
cant say. tal decay occurs in just 25 percent of f
In short, I would simply recommend children, and parents are three times The SPEAKER pro tempore. Under a
and invite the good gentleman from more likely to report that their chil- previous order of the House, the gen-
Massachusetts to come and visit our drens dental needs are unmet when tleman from Kentucky (Mr. DAVIS) is
State. I would suggest, perhaps, compared to the general medical care recognized for 5 minutes.
though, he should bring an interpreter needs. (Mr. DAVIS of Kentucky addressed
with him, because in Utah we still do A silent epidemic of dental disease is the House. His remarks will appear
not put an R at the end of our vowels. plaguing our children, and our inabil- hereafter in the Extensions of Re-
f ity to address this issue has simply marks.)
The SPEAKER pro tempore (Mr. been horrifying. That is why I have in- f
HALL of New York). Under a previous troduced Deamontes Law, which would
order of the House, the gentleman from address two critical factors contrib- PREFERENCE POLICY PLAN FOR
Pennsylvania (Mr. PETERSON) is recog- uting to the inability of children like ILLEGALS
nized for 5 minutes. Deamonte to access a dentist. The SPEAKER pro tempore. Under a
(Mr. PETERSON of Pennsylvania ad- Deamontes Law would ensure that previous order of the House, the gen-
dressed the House. His remarks will ap- children like Deamonte have access to tleman from Texas (Mr. POE) is recog-
pear hereafter in the Extensions of Re- dental services in communities where nized for 5 minutes.
marks.) they live. Community health centers Mr. POE. Mr. Speaker, the Senates
f provide a health safety net to under- new repackaged immigration proposal,
served areas, such as rural and urban the Give America Away Act, has a
DEAMONTES LAW communities. However, an estimated 42 provision that should be of concern to
percent have gaps in their capacity to college students and parents who foot
mstockstill on PROD1PC66 with HOUSE

The SPEAKER pro tempore. Under a


previous order of the House, the gen- provide dental care. Deamontes Law the bill for college. It gives the illegals
tleman from Maryland (Mr. CUMMINGS) would address this issue by estab- in the United States a better deal than
is recognized for 5 minutes. lishing a 5-year, $5 million pilot pro- U.S. citizens or legal immigrants when
Mr. CUMMINGS. Mr. Speaker, I rise gram to provide funds for dentists, it comes to the cost of college tuition
today to announce that I have intro- equipment, and construction for dental for State universities.

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H5688 CONGRESSIONAL RECORD HOUSE May 23, 2007
If this idea becomes law, besides Mr. BRALEY of Iowa. Mr. Speaker, I those who lie here dead. Whoever of us
granting amnesty to 12 million to 20 rise today during Jewish American lifts up his hand in hate against a
million illegals in the United States, it Heritage Month to honor the life and brother or thinks himself superior to
will treat those illegals better than memory of Rabbi Roland B. Gittelsohn, those who happen to be in the minority
U.S. citizens and legal immigrants who was the first Jewish chaplain ever makes of this ceremony and the bloody
when it comes to college costs. The appointed by the Marine Corps. sacrifice it commemorates an empty,
idea is to grant all illegals a status so Most Americans dont recognize the hollow mockery. To this, then, as our
they can attend State universities as name of Rabbi Gittelsohn, but they solemn, sacred duty, do we the living
an in-State tuition even though they should. Rabbi Gittelsohn delivered a now dedicate ourselves to the rights of
illegally entered the United States. stirring eulogy to the war dead on Iwo Protestants, Catholics, and Jews, of
Some States already allow illegals to Jima that is second only to the Gettys- white men and Negroes alike, to enjoy
attend State universities and pay in- burg Address of President Lincoln as a the democracy for which all of them
State tuition. Unfortunately, my State stirring ode to the principles of democ- have paid the price.
of Texas was one of the first, along racy that are the bedrock of this coun- When the last shot has been fired,
with California. try and the young men and women who there will be those whose eyes are
Currently there are about a dozen paid the ultimate price for our free- turned backward, not forward, who will
States that allow this absurd policy of dom. be satisfied with wide extremes of pov-
preference. Some States are consid- During World War II, Rabbi erty and wealth in which the seeds of
ering opposite laws that require Gittelsohn was assigned as a Jewish di- another war can breed. We promise
illegals to pay out-of-State tuition. No visional chaplain of the 5th Marine Di- you, our departed comrades, this too
matter what the people want or the vision. During the Battle of Iwo Jima, we will not permit. This war has been
States want, a proposal in this new im- Rabbi Gittelsohn was right in the heart fought by the common man. Its fruits
migration policy plan will require all in the action, ministering to the needs of peace must be enjoyed by the com-
States that allow illegals to attend of Marines of all faith, with the knowl- mon man. We promise, by all that is
State universities to pay only in-State edge that his life was in grave danger. sacred and holy, that your sons, the
tuition, not out-of-State tuition. After the fighting was over, Rabbi sons of miners and millers, the sons of
So, whats the difference in cost? Gittelsohn was asked to give a sermon farmers and workers, the right to a liv-
Well, if you are an in-State resident in at an ecumenical memorial service ing that is decent and secure.
Texas and attend the University of dedicating the 5th Marine Division
Texas, you pay about $1,500 for 12 se- When the final cross has been placed
cemetery on Iwo Jima, but due to prej- in the last cemetery, once again there
mester hours. If you are an out-of- udice he only gave remarks at a small
State student, say a student from Ten- will be those to whom profit will be
Jewish service. Here are his words. more important than peace. To those
nessee, you pay over $4,000 for 12 se- Here before us lie the bodies of com-
mester hours. So this proposal will dis- who sleep here silent, we give our
rades and friends, men who until yes- promise: We will not listen. We will not
criminate against American citizens terday or last week laughed with us,
and legal immigrants, and favor and forget that some of you paid the ulti-
joked with us, trained with us, men mate price for men who profit at your
prefer illegals. who fought with us and feared with us.
An example. If you are from New expense. We will remember you as you
Somewhere in this plot of ground there looked when we placed you reverently,
York and you want to get admitted to
may lie the man who could have dis- lovingly, in the ground.
the University of Texas, you have to
covered the cure for cancer. Under one Thus do we memorialize those who,
pay out-of-State tuition because, sim-
of these Christian crosses or beneath a having ceased living with us, now live
ply, you are not from Texas. Or, as we
Jewish Star of David, there may now within us again. Thus do we consecrate
say, Youre not from around here.
rest a man who was destined to be a ourselves to the living to carry on the
But if you are an illegal and get admit-
great prophet, to find the way perhaps struggle they began. Too much blood
ted to the University of Texas, you will
for all to live in plenty, with poverty has gone into this soil for us to let it
get to pay in-State tuition.
If the Senate plan passes, this pref- and hardship for none. Now they lie lie barren. Too much pain and heart-
erence policy will be law and apply to here silently in this sacred soil, and we ache have fertilized the earth on which
every State, whether they like it or gather to consecrate the earth in their we stand. We here solemnly swear, this
not. This is blatant discrimination memory. shall not be in vain. Out of this, and
against Americans and legal residents. It is not easy to do so. Some of us from the suffering and sorrow of those
So American students and parents, get have buried our closest friends here. To who mourn this, will come, we promise,
your checkbooks out, because you are speak in memory of such men as these the birth of a new freedom for the sons
going to pay more for college than peo- is not easy. No, our poor power of of men everywhere.
ple who illegally enter the United speech can add nothing to what these My father served in the 5th Marine
States. You will be discriminated men have already done. All that we can Division on Iwo Jima, and it is to his
against by your own government. So, if even hope to do is to follow their exam- memory and the memory of Rabbi
you want to attend a State college ple, to show the same selfless courage Gittelsohn that I offer these poignant
somewhere in America other than your in peace that they did in war; to swear words.
own State, and you dont have the that by the grace of God and the stub-
f
money to pay the extra tuition, well, born strength and power of the human
will, their sons and ours will never suf- The SPEAKER pro tempore. Under a
its just too bad. previous order of the House, the gen-
Mr. Speaker, this is just another rea- fer these pains again. These men have
done their job well. They have paid the tleman from Florida (Mr. BILIRAKIS) is
son this so-called new immigration re- recognized for 5 minutes.
form proposal is a bad idea for Amer- ghastly price of freedom.
We dedicate ourselves, first, to live (Mr. BILIRAKIS addressed the
ica. It is nothing more than a pref- House. His remarks will appear here-
erence policy for people illegally in the together in peace the way they fought
and are buried in this war. Here lie offi- after in the Extensions of Remarks.)
United States.
And thats just the way it is. cers and men, Negroes and whites, rich f
f men and poor, together. Here, no man b 1930
prefers another because of his faith or
HONORING THE LIFE OF RABBI despises him because of his color. Here, THE CONSTITUTION CAUCUS
ROLAND B. GITTELSOHN AND there are no quotas of how many from The SPEAKER pro tempore. Under a
HIS STIRRING EULOGY ON IWO previous order of the House, the gentle-
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each group are admitted or allowed.


JIMA Among these men there is no discrimi- woman from North Carolina (Ms. FOXX)
The SPEAKER pro tempore. Under a nation, no prejudices, no hatred. Theirs is recognized for 5 minutes.
previous order of the House, the gen- is the highest and purest democracy. Ms. FOXX. Mr. Speaker, I am a mem-
tleman from Iowa (Mr. BRALEY) is rec- Any man among the living who fails ber of the Constitution Caucus, and we
ognized for 5 minutes. to understand that will thereby betray take it as an important responsibility

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5689
to come to the floor every week to talk Tens of billions of Federal dollars Sending our soldiers back into an in-
about an issue related to the Constitu- cannot fix faulty schools. Broken creasingly deadly civil war on extended
tion. schools need to be held accountable on tours with worn-out equipment is not
Tonight, we are here to talk about the local level. By pushing account- supporting the troops. We cannot let
the Federal Governments role in edu- ability to the Federal level, weve pro- this neglect for our veterans become
cation through the No Child Left Be- duced a counterproductive system that the hallmark of the occupation. We
hind Act. But I question whether the is not responsive to the local needs of must strengthen our commitment to
premise of Federal involvement is even students, parents and teachers. our troops. We must provide them with
legitimate. As we look towards the next reau- the support they deserve.
The tenth amendment to the Con- thorization of this law, we must take Thats why Ive introduced H.R. 508,
stitution that enumerates States States rights into account, lest we the Bring the Troops Home and Iraq
rights throws Federal involvement in again fail the most important people in Sovereignty Restoration Act, which
education into question. this equation, our Nations children. will end the occupation within 6
The tenth amendment tells us that f months of passage and will provide for
the powers not delegated to the United full physical and mental health care
BRING THE TROOPS HOME FOR
States by the Constitution, nor prohib- for all of our Nations veterans. Our
MEMORIAL DAY
ited by it to the States, are reserved to troops deserve no less.
the States respectively, or to the peo- The SPEAKER pro tempore (Mr. Mr. Speaker, this Memorial Day is an
ple. HALL of New York). Under a previous opportunity, an opportunity to cele-
No Child Left Behind has a problem. order of the House, the gentlewoman brate the honorable service of those
The problem is that the individual from California (Ms. WOOLSEY) is rec- who were in past wars, those who have
States have learned that Federal Gov- ognized for 5 minutes. served in between wars, and those who
ernment involvement in local edu- Ms. WOOLSEY. Mr. Speaker, the sac- are serving today. And we can do that
cation is often uninformed, inefficient rifices of those who have dedicated by providing our veterans with the sup-
and unnecessarily burdensome. their lives in defense of our country are
port that they need. Its an oppor-
What many Americans dont know or an important reminder of the price of
tunity on this Memorial Day to sup-
dont remember is that No Child Left freedom. These brave heroes have
port the troops who are in Iraq by de-
Behind is simply a reauthorization of served this country with distinction,
manding that they come home.
the Elementary and Secondary Edu- and it is our absolute responsibility to
honor them. f
cation Act, a law first passed in 1965 The SPEAKER pro tempore. Under a
Memorial Day is an opportunity to
and signed into law by President Lyn- previous order of the House, the gentle-
reflect on how we must support our
don Johnson. It has been revised and woman from Texas (Ms. GRANGER) is
troops, which means honoring our re-
reauthorized so many times that it recognized for 5 minutes.
sponsibility to provide the best protec-
barely resembles the original law. tion and support for the men and (Ms. GRANGER addressed the House.
Today the law spawned by the re- Her remarks will appear hereafter in
women who serve in our Nations
peated tinkering over four decades is the Extensions of Remarks.)
Armed Forces. It means honoring our
increasingly complicated and burden- f
promise to provide lifelong health care
some. It attempts to tie Federal money and benefits for our veterans when
to disparate yardsticks that may or OPENNESS IN THIS INSTITUTION
they return home, and it means doing
may not make sense for the thousands everything we can to bring our troops The SPEAKER pro tempore. Under a
of local school districts around the home from Iraq, out of harms way. previous order of the House, the gen-
country. As we reflect on the sacrifices and tleman from Arizona (Mr. FLAKE) is
How can one law effectively regulate the accomplishments of our veterans, recognized for 5 minutes.
both a rural school in North Carolina its vitally important to reaffirm our Mr. FLAKE. Mr. Speaker, one of the
and an inner-city school in L.A.? I be- support for our troops on Memorial hallmarks of this institution is open-
lieve it cannot. Accountability needs Day. And Memorial Day is an oppor- ness. Every minute of debate in this
be a State and local issue left to par- tunity to commend all who have de- Chamber is captured on CSPAN cam-
ents and teachers. It should not be del- fended our country and safeguarded the eras. Every minute of debate and dia-
egated to Washington bureaucrats who values cherished by every single Amer- logue in the committee rooms are tran-
dont even step inside the thousands of ican. Its a chance to repeat that while scribed and recorded. This practice is
schools that are scrambling to comply we strongly disagree with this adminis- premised on the principle that the pub-
with cookie-cutter regulations that tration and its continuing occupation lic has a right to know what factors go
often dont make sense on the local of Iraq, we support our troops. into our decisions here.
level. This administration refuses to hear I dont think the public would be
According to the Congressional Re- the calls of the vast majority of Ameri- very pleased to learn how much of this
search Service, the Elementary and cans demanding that we bring the decisionmaking process is moving be-
Secondary Act of 1965 was primarily troops home. It continues to believe hind closed doors, particularly as it re-
concerned with the relationship be- that the only way forward in Iraq is to lates to earmarks.
tween poverty and low educational spend more money, send more troops Over the past several years it became
achievement. That is, indeed, a noble for an open-ended debacle. This admin- common practice for appropriators to
goal. But the law has since gone far istration maintains its strategy for include earmarks in committee and
afield. Now it infringes on States delay and denial, refusing to plan for conference reports, rather than the
rights to oversee school systems and an end to the Iraq occupation, a blank text of the bills. Frequently, a com-
strays into unconstitutional areas. check and no accountability. mittee report containing thousands of
Again, the 10th amendment to the As the administration stubbornly re- earmarks would come to the floor only
Constitution says, The powers not fuses to accept that we cannot win an hours before the final vote on the bill.
delegated to the United States by the occupation, the men and women serv- At times the committee report would
Constitution, nor prohibited by it to ing in Iraq are suffering the con- be made public only after the bill had
the States, are reserved for the States sequences of these mistakes. Nearly 20 already passed.
respectively, or to the people. percent of the soldiers returning from The bottom line is that, over several
The Constitution does not give the Iraq experience some symptoms of years, earmarks endured very little
Federal Government the express right post-traumatic stress disorder, or scrutiny from this body. I think the
to dabble in local education. We need PTSD, which puts them at signifi- voters have become very aware of this
mstockstill on PROD1PC66 with HOUSE

to give States back their full constitu- cantly higher risk for suicide and drug failing on our part. My party, the Re-
tional right to set education policy and addictions. More than 34,000 of our publican Party, allowed the practice of
encourage innovative solutions to the servicemembers have been injured in earmarking to get out of hand. Tax-
unique education issues faced by every Iraq, and more than 3,400 have been payers have paid the price. This insti-
State. killed. tution has paid the price. Finally, we

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H5690 CONGRESSIONAL RECORD HOUSE May 23, 2007
Republicans paid the price at the polls the political price. I hope that we the expense of our sons and daughters.
this November. would move before that time. I hope We see U.S. military power fully pro-
When the new majority took over in that we can, on a bipartisan basis, sim- jected in Kuwait, in Iraq, benefiting
January of this year, they moved to in- ply move forward and bring sunlight their neighbors, too, like Saudi Arabia
clude more transparency in the ear- back into the process. That is what I and Bahrain, who have had to hire
marking process. Members of Congress think the citizens of this country de- growing legions of private security
would, at long last, have to put their serve. Its what the taxpayers need to firms to hold up their kingdoms and
names next to the earmarks. We Re- have. emirates. Saudi Aramco is the largest
publicans had done this in the fall, but f privately held company in the world,
only after the appropriations season and Exxon Aramco the most profitable
was nearly done. This was a good move b 1945 oil company in history. Are you start-
by the majority party in January. As I SURGING GASOLINE PRICES ing to see the picture?
said at the time, they had the guts to The SPEAKER pro tempore. Under a Let me ask a critical question: Would
do what we hadnt when it mattered, at previous order of the House, the gentle- any of the oil profits made off the
the beginning of the appropriation woman from Ohio (Ms. KAPTUR) is rec- pocketbooks of Americans be going to
process. ognized for 5 minutes. hire more security guards in Saudi
There is reason now, however, to Ms. KAPTUR. Mr. Speaker, surging Arabia, or in Bahrain, or in Kuwait? As
doubt the sincerity of these moves. gas prices at the pump surely tell us, Will Rogers would say, You betcha.
House rules are only as good as our Our Nations military power is now
just before Memorial Day, that some-
willingness to enforce them. And we fully projected in the deserts over
thing has gone wrong again with the
have, as yet, not been willing to en- there, and here in Washington sits Con-
rigged oil markets.
force these rules. Weve seen gasoline prices in our gress and a President who say they
When a bill comes to the floor now, want to break oil addiction from im-
country set all-time highs. Ohio fami-
there must be a list of earmarks with ported sources. But since President
lies are paying $3.50 to $3.93 a gallon,
Member names next to them, or a cer- Bush took office, we are importing a
with no end in sight. And when Presi-
tification that the bill contains no ear- billion more barrels a year, a billion
dent Bush took office, they were pay-
marks. more barrels a year every year since
ing $1.46 a gallon. In fact, when Vice
When the supplemental came to the 2001. It is projected we will spend a tril-
President CHENEY was sworn in,
floor, there were clearly earmarks in lion dollars on the war in Iraq, and it is
Halliburtons stock was worth one-
the bill, yet there was a certification not anywhere close to over. Yet we
fourth of what its worth today.
that there were no earmarks contained passed a bill out of the House a few
So we think about Americas families
in the bill. months ago that just put a thimble full
and our consumers. Theyre being hurt.
The problem is, a point of order can of additional resources in renewable
Car and truck sales are being hurt. Our
only lie against the bill if there is no energy. Is there any dispatch here? Is
economy is being hurt. Its all so un-
certification. So a certification, even there any urgency? Is there any seri-
necessary.
though it might be patently wrong, has ousness? Let the American people tell
When you fuel up, the chances are 7
to be accepted by the Speaker or the us. Do you see it? Do you hear it? Do
out of 10 that the crude oil for the gas-
Parliamentarians. you feel it in your pocketbooks?
oline came from an undemocratic for- Citizens are expressing their frustra-
The intelligence authorization bill eign country, Saudi Arabia, Nigeria,
came to the floor without a list of ear- tion with our inability to rein in the
Venezuela, Angola, Mexico, maybe abuses of the oil companies. And I have
marks. The list of earmarks only came even trafficked out of Iraq, places that
after the deadline to submit amend- got a partial solution. This week I am
do not exactly love thriving democ- introducing a bill to give something
ments to the Rules Committee; so racy. back to the American people tired of
then, again, there was no opportunity Meanwhile, in oil-rich Iraq, this being gouged by the oil companies. It is
to challenge any of the earmarks in the week, eight more American soldiers called the Give America Something
bill. Then, despite the fact that there were killed in roadside bomb attacks Act of 2007, the GAS Act, GAS. Give
were more than 680 earmarks in the de- near Baghdad. And this brings to near- every American a one-time immediate
fense authorization bill, no amend- ly 3,400 U.S. service-member deaths in $100 gas payment refund. They can use
ments related to earmarks were al- Iraq, plus additional Department of De- it to pay for higher gas prices. They
lowed by the Rules Committee, even fense civilian employees, and the death can use it to pay for higher transit
though some of the earmarks clearly toll keeps mounting. costs. And we pay for it by imposing a
had no relationship to defense. The major oil pipeline and refinery in windfall profits tax on oil revenue to
Now, we hear that the Appropriations Iraq is now being guarded by our best, provide the revenue to finance the pro-
Committee plans to keep earmarks se- the 82nd Airborne, and sundry private gram. This is long overdue.
cret until the appropriation bills this contractors. Theyre guarding oil lines
year have passed the House floor. f
and the refinery. In fact, some of that
Those earmarks would later be air- oil has been stolen and even trafficked HONORING OFFICER ROB TARGOSZ
dropped into the conference report throughout the war. The SPEAKER pro tempore (Mr.
where no amendments are possible, Meanwhile, a new hydrocarbon law is HALL of New York). Under a previous
where no scrutiny of these amendment being pushed in Iraq, which boasts the order of the House, the gentleman from
or, Im sorry, of these earmarks is pos- second largest oil reserves in the world, Arizona (Mr. FRANKS) is recognized for
sible. that would privatize the majority of oil 5 minutes.
The vaunted sunlight that we said we in that country to who? Thats the tril- Mr. FRANKS of Arizona. Mr. Speak-
were going to bring into this process is lion-dollar question. Thats the $23 tril- er, in the very earliest days of this Na-
gone. We closed the drapes. Weve lion question. tion, Edmund Burke said, All that is
snuffed out the candle. How disgusting to me that our finest necessary for the triumph of evil is for
Mr. Speaker, this institution de- military have to die in an oil war. good men to do nothing.
serves better than this. We can do bet- When will the American people begin That belief became the personal
ter. We should, on a bipartisan basis, to connect undemocratic oil regimes, creed and call to action of Officer Rob
bring this sunlight back. We need to imported oil, and the lives of our sons Targosz. Mr. Speaker, this man was a
subject earmarks to the scrutiny that and daughters while our gasoline-con- hero and a model human being deter-
they should have. No spending should suming public is subjected here to the mined to utilize every ounce of his
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occur in this body without the Mem- oil marketeers? mind, soul, and body to protect the
bers knowledge, and thats what hap- I dont think anybody would admit it lives of thousands of his fellow Ameri-
pens when earmarks are air-dropped is a free market in oil. Its a cartelized cans so that we could all live in a safer,
into a conference report. market. It has been for half a century. more peaceful Nation. Rob Targosz was
Mr. Speaker, Im convinced that in Exxon and the other major oil com- a second lieutenant in the 12th Air-
the end, the majority party will pay panies are raking in historic profits at borne Special Forces. He was a member

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5691
of the SWAT team, and he was a police Mr. DAVIS of Illinois. Mr. Speaker, I fully expect it to pass soon. The bill
officer of the Gilbert Police Depart- the United States of America has more has the support of more than 200 crimi-
ment in Gilbert, Arizona, for 12 years. of its people in prison per capita than nal justice, service provider, faith-
He served there on the DUI Task Force any other developed nation in the based, housing, governmental, dis-
because Rob felt that one of the great- world, more than 2 million. The vast ability, and civil rights organizations.
est purposes of his life was to combat majority, 95 percent, of the men and President Bush has signaled his sup-
and prevent drunk driving. women in our prisons will eventually port of the legislation as well.
The license plate on the back of his return to the community. This means No single piece of legislation is going
police motorcycle displayed the title that every year more than 650,000 of- to solve the reentry crisis we are fac-
Agent of Justice. He defended our fenders are released from State and ing, but the Second Chance Act is a
citizens and our laws, and he sought Federal prisons and return back to ci- good start. I hope that with passage of
justice with a determination so real vilian life. this bill, we will begin a new era in
that it led him face to face with the These men and women deserve a sec- criminal justice.
very tragedy he had dedicated his life ond chance. Their families, spouses, Mr. Speaker, I am convinced that
to protect others from. In one of lifes and children deserve a second chance. any serious effort to facilitate the re-
great paradoxical mysteries, while on And their communities deserve a sec- entry of men and women with criminal
duty, Rob Targosz was killed by a ond chance. A second chance means an records to civil society must be pre-
drunk driver. opportunity to turn a life around, a pared to do two things. First, we must
Mr. Speaker, drunk driving is the chance to break the grip of a drug be prepared to help with drug treat-
embodiment of apathy, callousness, habit; a chance to support a family, to ment on demand for everyone who re-
and selfishness, which is the very oppo- pay taxes, to be self-sufficient. quests it. Second, we need to find work
site of everything that personified Offi- Today, few of those who return to for ex-offenders. Programs dont supply
cer Rob Targosz. The enemy that took their communities are prepared for jobs. After ex-offenders have undergone
Robs life was the very thing that their release or receive any supportive rehabilitation and received appropriate
broke his heart and fueled his desire to service. When the prison door swings training, employers will have to open
battle against it. But it did not defeat open, an ex-offender may receive a bus their hearts and put these men and
him, because Rob Targosz was a man of ticket and spending money for a day or women back into the workforce. They
abiding faith in Jesus Christ, whom he two. Many leave prison to return to the do not belong in prison.
held as his eternal Savior. And Rob left same environment which saw them of- Many of them dont need prison, but
behind him in this life a legacy of her- fend in the first place. But as they re- they do need a second chance. Congress
oism, love for America, and countless turn, they often face additional bar- can give them that. And we should.
Americans whose lives are preserved riers to reentry: serious physical and f
because he protected them with his mental health problems, no place to THE A-PLUS ACT
own. stay, and lack of education or quali- The SPEAKER pro tempore. Under a
Therefore, his battle continues and fications to hold a job. As a result, two previous order of the House, the gen-
his search for justice pulsates in the out of three will be rearrested for new tleman from Michigan (Mr. WALBERG)
hearts of other Americans, who, like crimes within the first 3 years after is recognized for 5 minutes.
him, continue to defend and protect us their release. Youthful offenders are Mr. WALBERG. Mr. Speaker, as a
all. Robs life also continues in the lion even more likely to reoffend. member of the Constitution Caucus, I
heart of his beloved wife, who walked One-third of all correction depart- am convinced that today, at a time
by his slain body, picked up his armor ments provide no services to released when our Nation lags behind other
and weapons, and continues his fight offenders, and most departments do not countries in math and science testing
by educating the public about the un- offer a transitional program, placing a and the Federal Government has a
speakable destruction caused by drunk heavy burden on families and commu- larger role in education than ever be-
driving. nities. Considering the cost of incarcer- fore, this Congress must find a way to
Mr. Speaker, one of the many reasons ation, as much as $40,000 per year, and give our schools greater flexibility, re-
that human life is so precious is be- all the social and economic costs of duce the bureaucracy involved in edu-
cause it allows the world to see when a crime to the community, it is just cation, and ensure these opportunities
single man can live and do and live his plain common sense to help ex-offend- really are being given to our children.
life, however short it might be, so that ers successfully reenter our commu- In years past Congress has attempted
others may be the better for it. Ameri- nities and reduce recidivism. to solve problems in education by sim-
cans are alive and families are whole That is why I have sponsored the bi- ply throwing piles of Federal money
because of the life and work of Officer partisan Second Chance Act of 2007, into the education system. The origi-
Rob Targosz. And the world is better H.R. 1593, along with Representatives nal purpose of No Child Left Behind
because he showed us an example of a CANNON, CONYERS, COBLE, SCOTT of Vir- was to return some education policy-
truly noble and excellent soul. May his ginia, SMITH of Texas, JONES of Ohio, making authority to the States. Unfor-
example fire the souls of us all to con- FORBES, SCHIFF, SENSENBRENNER, tunately, during the process of
tinue his enduring quest to protect the CHABOT, JACKSON-LEE of Texas, crafting, passing, and enacting this leg-
innocent. CUMMINGS, JOHNSON of Georgia, islation, No Child Left Behind took the
God bless Rob Targosz and his fam- CLARKE, and 75 other Members of Con- form of a massive spending bill that in-
ily. gress. creased the Federal Governments pres-
f A companion bill, S. 1060, has been ence in classrooms.
The SPEAKER pro tempore. Under a introduced in the Senate by Senators As a December 22, 2006 editorial in
previous order of the House, the gen- BIDEN, DURBIN, SPECTER, BROWNBACK, the Detroit News stated, What our
tleman from Virginia (Mr. MORAN) is LEAHY, OBAMA, and 10 others. Federal legislators come up with in the
recognized for 5 minutes. The Second Chance Act will provide Nations Capital doesnt always trans-
(Mr. MORAN of Virginia addressed transitional assistance to assist ex-of- late well into the classroom.
the House. His remarks will appear fenders in coping with the challenges of The editorial continues: Michigan
hereafter in the Extensions of Re- reentry. It will reduce recidivism. It should have the flexibility to decide
marks.) will help reunite families and protect how and when to measure student
f communities. It will enhance public progress.
safety and save taxpayer dollars. It is My daughter-in-law is a hardworking
EVERYONE DESERVES A SECOND and talented teacher who has experi-
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the humane thing to do. It is the re-


CHANCE sponsible thing to do. And, of course, it enced firsthand the problems No Child
The SPEAKER pro tempore. Under a is the right thing to do. Left Behind creates for teachers, par-
previous order of the House, the gen- The Judiciary Committee held hear- ents, and students. As a classroom
tleman from Illinois (Mr. DAVIS) is rec- ings on the bill last month and quickly teacher forced to teach to the tests re-
ognized for 5 minutes. voted to send the bill to the full House. quired by local, State, and No Child

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H5692 CONGRESSIONAL RECORD HOUSE May 23, 2007
Left Behind, she actually considered In 1906, four Rowena Catholics, Wil- tory of America herself, and I feel priv-
quitting because of the paperwork and liam Glass, Mike Feist, Frank ileged to share this story with you all.
restrictions imposed upon her. She Schwertner and John Jansa, sought to No matter who we are or where were
struggled to have time to give indi- erect a church to serve their commu- from, we can all find common ground
vidual attention to each of her special nity and better practice their faith. in the story of St. Josephs parish. It is
needs students. After a year of toil, the church opened a story of individuals seeking and cre-
Ironically, she obtained her teaching and celebrated its first mass, a wed- ating a better life for themselves and
position due to her performance the ding, on November 20, 1907. The church their descendants, and of a people of
year prior as a permanent substitute was aptly dedicated to St. Joseph, the deep devotion seeking to practice their
teacher in a classroom. Because she patron of immigrants, families and beliefs and enrich their community. We
was not required to fill out all the working people. should all strive to be so noble in our
forms and paperwork required by No St. Josephs grew rapidly during its ambitions and generous in our spirits.
Child Left Behind, she excelled and the early years, reflecting its growing sig- Today I celebrate and honor the pa-
school offered her a permanent posi- nificance in the community. In 1916, rishioners of St. Josephs in Rowena,
tion. the church opened St. Josephs School, Texas as they reflect on the past and
In its origin, No Child Left Behind with the Sisters of the Divine Provi- embark on another 100 years of min-
attempted to provide greater school dence serving as teachers. And in 1924, istry and service.
choice and reduce Washingtons in- a new church in the gothic style was f
volvement in education. But instead dedicated, and the annual fall festival
The SPEAKER pro tempore. Under a
this expensive and largely unsuccessful was begun to support the church. To
previous order of the House, the gentle-
legislation has broadened the scope of this day, the gothic church still stands,
woman from Texas (Ms. JACKSON-LEE)
the Federal Governments role in edu- and the fall festival is still celebrated
is recognized for 5 minutes.
cation. Enshrined in our Constitution each year.
(Ms. JACKSON-LEE of Texas ad-
is the 10th amendment, which reads, Soon the church began to host com-
dressed the House. Her remarks will
The powers not delegated to the munity-service organizations and so-
appear hereafter in the Extensions of
United States by the Constitution, nor cial clubs as well. The Knights of Co-
Remarks.)
prohibited by it to the States, are re- lumbus, St. Anns Altar Society,
served for the States respectively, or to Catholic Daughters of America, the f
the people. Federal control of edu- KJT, KJZT and the Immaculate Con- THE WAR IN IRAQ
cation is listed nowhere in the Con- ception Society would all call the
stitution. And in accordance with the church home through the coming dec- The SPEAKER pro tempore (Mr.
10th amendment, education should be ades. MURPHY of Connecticut). Under a pre-
the responsibility of State and local The Great Depression and World War vious order of the House, the gen-
governments. II would see an especially important tleman from Tennessee (Mr. DUNCAN) is
Because I believe each childs edu- role for St. Josephs and its parish or- recognized for 5 minutes.
cational path should be determined by ganizations to play as they led their Mr. DUNCAN. Mr. Speaker, the war
a childs parents and not by the Fed- rural community through troubling in Iraq, since its beginning, has gone
eral Government, I am an original co- times. against every traditional conservative
sponsor of the A-Plus Act. The A-Plus As the church aged in the 1950s and in position Ive ever known, especially fis-
Act would give States, teachers and the 1960s, it prospered. It marked its cal conservatism. There is nothing con-
parents the freedom and authority to 50th anniversary in 1957, and a new servative about the war in Iraq. So it
determine what educational path a stu- community space was constructed in should have been no surprise when Wil-
dent should take. 1961. And all the while, the high school liam F. Buckley, often called the God-
As part of this legislation, States can continued to educate and graduate the father of Conservatism, wrote in 2004
opt out of Federal programs, and State youth of Rowena. that if he had known in 2002 what he
leaders can decide how to use Federal Unfortunately, as with all institu- knew then by 2004, he would have been
education funds to improve student tions, the church inevitably faced a pe- against the war. But listen to what he
achievement. riod of decline. As the small town of wrote in June of 2005, 2 years ago.
We all are seeking the best possible Rowena began to lose population, dif- William F. Buckley. A respect for
educational opportunities for our chil- ficult times ensued for the church. The the power of the United States is en-
dren, and the way to achieve this is to parish school finally closed in the late gendered by our success in engage-
let States and local communities be ac- 1970s, and church membership shrunk. ments in which we take part. A point is
countable for academic achievement Shaken by these developments, the reached when tenacity conveys not
and educational reforms. parish renewed its commitment to the steadfastness of purpose, but
With that, I yield back, Mr. Speaker. sacraments, its members and its com- misapplication of pride. It cant rea-
f munity. They reestablished religious sonably be disputed that if in the year
instruction, revitalized their parish or- ahead the situation in Iraq continues
b 2000
ganizations, and moved into the mod- about as it has done in the past year,
IN HONOR OF THE 100TH ANNIVER- ern age. Today, St. Josephs is fittingly we will have suffered more than an-
SARY OF ST. JOSEPHS CHURCH led by another immigrant, Father other 500 soldiers killed. Where there
The SPEAKER pro tempore (Mr. Bhaskar Morugudi from India. had been skepticism about our venture,
HALL of New York). Under a previous 2007 marks St. Josephs centennial there will be contempt.
order of the House, the gentleman from celebration. The belief of four men led That was William F. Buckley in 2005.
Texas (Mr. CONAWAY) is recognized for to the creation of the parish, but it And his main point was, quote, A
5 minutes. took the faith of a community to sus- point is reached when tenacity conveys
Mr. CONAWAY. Mr. Speaker, I rise tain it. Throughout the last 100 years, not steadfastness of purpose, but
today to share with my colleagues a St. Josephs has been the rock for the misapplication of pride. Unfortu-
small story from a small corner of people of Rowena. It has educated their nately, we are losing our young sol-
America called Rowena, Texas. children, guided them through trouble diers at a much faster rate than the 500
The 20th century began with a tre- and saved their souls. a year that Mr. Buckley said would
mendous movement of people to west As the parishioners of St. Josephs move the American people from skep-
Texas in search of good land, oppor- look to the future, I urge them to re- ticism to contempt; 103 U.S. soldiers
tunity and prosperity. Among these in- member the rich history that lies in killed in April alone, at least 71 more
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trepid travelers were many Czech and their past. The legacy of their founders killed through May 21, including 15 this
German Americans whose forefathers created in Rowena through service, past weekend, and someone told me 8
had come to Texas to farm, ply trades education and salvation is inspiring. more today.
and create better lives. Their descend- The church is woven into the threads Saddam Hussein was an evil man, but
ants found these lives in Rowena. of Rowena itself and highlights the his- he had a total military budget only a

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5693
little over two-tenths of 1 percent of eign policy that forces us on other peo- forth a good-faith effort to root out
ours, most of which he spent protecting ple, one that says we are going to run Taliban insurgents in his country, it
himself and his family and building Iraq even if the people there want us to hardly seems like a good idea for the
castles. He was no threat to us whatso- leave. United States to be selling arms to the
ever. The majority of the Iraqi Parliament Government of Pakistan.
Mr. Speaker, we all respect, admire has now signed a petition asking us to Earlier this year, Democrats passed
and appreciate those who serve in our leave. It is sure not traditional con- H.R. 1, which implemented the rec-
Nations Armed Forces. As I said a few servatism to carry on a war in a coun- ommendations of the bipartisan 9/11
days ago on this floor, serving in our try that did not attack us, did not even Commission. Included in this bill was
military is certainly the most honor- threaten to attack us, and was not language that would end U.S. military
able ways anyone can serve our coun- even capable of attacking us. And it is assistance and arms sales licensing to
try. I believe national defense is one of sure not traditional conservatism to Pakistan in the 2008 fiscal year unless
the very few legitimate functions of believe in world government, even if Pakistani President Musharraf cer-
our national government, and certainly run by the U.S. tifies that the Islamabad government
one of the most important. However, Mr. Speaker, President Bush, when is making all possible efforts to end
we need to recognize that our military he ran for office in 2000, campaigned Taliban activities on Pakistani soil.
has become the most gigantic bureauc- strongly against nation building. Un- I believe that the U.S. should live up
racy in the history of the world, and fortunately, that is exactly what we to this commitment by ceasing the sale
like any huge bureaucracy, it does have been doing in Iraq. The President, of arms to the Government of Paki-
many good things, of course, always at in 2000, said what we needed was a stan. I fear that if we do, in fact, pro-
huge expense to the taxpayer. And like more humble foreign policy. That is vide these weapons technologies to
any huge bureaucracy, our military what we needed then, and it is what we countries in unstable regions, such as
does many things that are wasteful or need now. Pakistan, they could be used against
inefficient. And like any huge bureauc- f U.S. allies, such as India.
racy, it tries to gloss over or cover up This U.S. policy of military sales to
The SPEAKER pro tempore. Under a
its mistakes. And like any huge bu- Pakistan will contribute to increasing
previous order of the House, the gen-
reaucracy, it always wants to expand security concerns throughout South
tleman from Washington (Mr. INSLEE)
its mission and get more and more Asia. The U.S. has no way of knowing
is recognized for 5 minutes.
money. if these technologies will be used
Counting our regular appropriations (Mr. INSLEE addressed the House.
His remarks will appear hereafter in against al Qaeda and the Taliban, and
bills, plus the supplemental appropria- not against India or other peaceful na-
tions, we will spend more than $750 bil- the Extensions of Remarks.)
tions. In fact, the government has sim-
lion on our military in the next fiscal f ply watched while terrorist groups like
year. This is more than all the other U.S. SHOULD NOT SELL ARMS TO Lashkar-e-Tayyaba, or LET, com-
nations of the world combined spend on PAKISTAN mitted terrorist acts in Jammu and
their defense. Kashmir and other parts of India. The
The GAO tells us that we presently The SPEAKER pro tempore. Under a
actions within its own country prove
have $50 trillion in unfunded future previous order of the House, the gen-
themselves not fit for, in this case
pension liabilities, on top of our na- tleman from New Jersey (Mr. PALLONE)
Pakistan, for receiving these weapons.
tional debt of almost $9 trillion. If we is recognized for 5 minutes.
Mr. Speaker, although Pakistan has
are going to have any hope of paying Mr. PALLONE. Mr. Speaker, I come
claimed to be an ally in the global war
our military pensions and Social Secu- to the floor this evening to discuss a
on terror, it clearly has not taken the
rity and other promises to our own contract recently awarded by the U.S.
necessary steps to end terrorism in its
people, we cannot keep giving so much Government to Lockheed Martin for 18
own backyard. I strongly believe that
to the Pentagon. No matter how much Sniper Advanced Targeting Pods, or
economic assistance is necessary to
we respect our military, and no matter ATPs, to be sold to the Government of
support economic restructuring that
how much we want to show our patriot- Pakistan. Sniper ATPs allow aircrews
will stop Pakistan from becoming a
ism, we need to realize there is waste to perform intelligence, targeting, sur-
breeding ground for terrorists.
in all huge bureaucracies, even in the veillance and reconnaissance missions
At the time after 9/11, when we de-
Defense Department. from extended standoff ranges.
cided that we would allow economic as-
There is a reason why we have always Mr. Speaker, I believe it is irrespon-
sistance to Pakistan and development
believed in civilian leadership of our sible for the U.S. Government to sell
assistance, I was all for it because I
Defense Department. The admirals and high-grade weapons technology to
think it makes sense; thats the way to
generals will always say things are Pakistan, a nation that has turned a
lead to a democratic and stable Paki-
going great because it is almost like blind eye to the increasingly dangerous
stan. But military assistance is an-
saying theyre doing a bad job if they Taliban insurgency in the western re-
other matter. Allowing this sale sends
say things are not doing well. And the gion of its country.
the wrong message, I think, particu-
military people know they can keep Numerous press accounts in recent
larly in the climate that we live in
getting big increases in funding if they months have discussed the growing
here today, and what Pakistan has
are involved all over the world. How- presence of Taliban training camps and
been doing in not living up to its part
ever, it is both unconstitutional and bases in the tribal regions of western
of the deal in fighting the Taliban.
unaffordable, and, I might add, Pakistan that border Afghanistan. Just
unconservative, for us to be the police- last week, in the port city of Karachi, f
men of the world and carry on civilian over 40 people were killed, with even
government functions in and for other more injured during 2 days of gun bat- APPOINTMENT OF MEMBERS TO
countries. tles and mayhem in response to an BOARD OF VISITORS TO THE
National defense is necessary and antigovernment rally. Most reports UNITED STATES MERCHANT MA-
vital. International defense by the U.S. claim that this violence against pro- RINE ACADEMY
is unnecessary and harmful in many testers was perpetrated by the The SPEAKER pro tempore. Pursu-
ways. Now we are engaged in a war in Muttahida Quami Movement, or MQM, ant to 46 U.S.C. 51312(b), and the order
Iraq that is very unpopular with a big which is an ethnically based Mafia al- of the House of January 4, 2007, the
majority of the American people. More lied with Pakistani President Chair announces the Speakers ap-
importantly, every poll of Iraqis them- Musharraf. pointment of the following Members of
mstockstill on PROD1PC66 with HOUSE

selves shows that 78 to 80 percent of In a country that claims to be some- the House to the Board of Visitors to
them want us to leave, except in the what democratic, the actions of the the United States Merchant Marine
Kurdish areas. They want our money, MQM and President Musharraf seem to Academy:
but they do not want us occupying be just the opposite. Coupled with the Mrs. MCCARTHY, New York
Iraq. Surely we are not adopting a for- Pakistani Presidents refusal to put Mr. KING, New York

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H5694 CONGRESSIONAL RECORD HOUSE May 23, 2007
b 2015 Senate in fighting with the White fed up with it, and that is why tomor-
THE 30-SOMETHING WORKING House and bringing about the kind of row we are going to be considering lob-
GROUP accountability that the American peo- bying reform and ethics reform, so that
ple have called for. we can inspire the confidence of the
The SPEAKER pro tempore (Mr. You heard me say here on this floor American people once again in their
MURPHY of Connecticut). Under the in the past, Mr. Speaker, that there leaders, both as individuals, because
Speakers announced policy of January have been bills that in the spirit of the traditionally they have said to poll-
18, 2007, the gentleman from Florida bill, I voted for those bills, but as it re- sters that they support their Member
(Mr. MEEK) is recognized for 60 minutes lates to the substance of those bills, I of Congress, they like their Member of
as the designee of the majority leader. have had a few problems with the lack Congress, but they cant stand the in-
Mr. MEEK of Florida. Mr. Speaker, it of accountability. That is paramount stitution.
is an honor to be here on the floor to- now in this bill that hopefully will pass That is a sad state of affairs. We need
night. It is like old times, Mr. RYAN the House floor tomorrow. There are to make sure that our institution, the
and Ms. WASSERMAN SCHULTZ. And we benchmarks. There are reporting peri- one we are proud to serve in, is one
have the gas pump there, and it is just, ods that the President has to report that the American people can be proud
you, know a wonderful feeling. back to the Congress. In September, we of as well. There has been too much
Mr. Speaker, just to see you in the will be coming in for a landing and corruption here, unfortunately led by
Chair there inspired me as an Amer- making some real decisions. individuals formerly in the leadership
ican to continue to be a part of this The Iraqi Parliament, as you know, in this institution on the other side of
great democracy of ours. Our good Ms. WASSERMAN SCHULTZ, they have the aisle for far too long, and we need
friends from the Clerks office and the been holding quite a few conversations, to take some significant steps to clean
Capitol Police and all the folks that as a matter of fact, talking about going it up, which is why we are going to be
make it possible for us to be here to- on vacation for 60 days. The Defense considering this legislation on the floor
night, we are just forever appreciative. Minister called his Ministers together tomorrow.
As you know, in the 109th and 108th to plan for an immediate U.S. with- We also talked about during the cam-
Congress, this was the trio here. Ms. drawal of troops, because I believe they paign and leading up to, and now since
WASSERMAN SCHULTZ brought quite a know with this new Congress in place, NANCY PELOSI, our Speaker, took of-
bit of class to our operation. She came the days of the Iraqi Government draw- fice, that we are going to implement
in the 109th Congress, and, Mr. RYAN, ing down on the taxpayer dollars, the the priorities that were important to
we started to wear better ties and U.S. taxpayer dollars, without account- the American people, including the
study more so that we could keep up ability, are over; and if they are not minimum wage. We passed our Six in
with an educated policymaker. willing to reform themselves, then we 06 agenda in the first 100 hours that
Mr. RYAN of Ohio. I started wearing should not be willing to have our men we were in the majority. The minimum
pink ties, because we had the whole and women on the streets of Iraq fight- wage was part of that. The implemen-
goddess thing going on. ing on behalf of safety and patrolling tation of the 9/11 Commission rec-
Mr. MEEK of Florida. Mr. RYAN the streets, when the Iraqis are not ommendations was a part of that. Mak-
started wearing his pink ties, which doing what they are supposed to be ing sure that we could repeal the $14
my daughter always says, real men doing. billion in subsidies that we gave away
wear pink. That is actually salmon, With that, I will yield to one of my to the oil industry under the Repub-
but we wont talk about it. good friends. I will yield to Ms. lican leadership, that was a part of
Mr. Speaker, in all seriousness, we WASSERMAN SCHULTZ, who is a very that package, and a number of other
have an awful lot of business that will good friend, and then Mr. RYAN comes provisions.
be taking place in the next 24 hours. in after her in my friendship. Our priorities since taking control of
We are approaching Memorial Day, and Ms. WASSERMAN SCHULTZ. You the House of Representatives have been
there have been a lot of reports about have just known me longer. a reflection of the priorities of the
the Iraq emergency supplemental. Thank you, Mr. MEEK. It is a pleas- American people.
There has been a lot of discussion ure to be here. We have been trying to We have been interacting with this
about lobbying reform. There has been get the three of us back together again. President, which in my experience the
a lot of discussion about the reauthor- It is a good problem to have. We have only thing I can analogize it to, Mr.
ization of the agriculture bill. But I a lot more on our plate now that the RYAN, is like trying to move an ice-
can tell you one thing, Mr. Speaker: Democrats are in the majority. The berg. This is a person who occupies the
Unlike previous Congresses, the work other good part of our problem is that White House now that seems to have
is being done here by those of us that we have expanded the active members no respect for the system of checks and
are under the dome, doing what the of the 30Something Working Group, balances, no respect for the fact that
people of America sent us up here to with the Speaker that is in the chair the Founding Fathers created three
do. this evening and a number of other branches of government that were con-
As we talk about the war, I think it Members, Mr. ALTMIRE, and we are sidered coequal, and that he was not
is important to know that the issues in really happy about that. elected king of this country. The
Iraq and Afghanistan are very, very se- But I am glad the three of us were Founding Fathers very definitely in-
rious to all of us here, to all of us in able to come back together this tended for us not to have a monarchy,
Washington, D.C., and Americans evening to continue our effort to speak not to establish a monarchy, and he
throughout the country, and especially to both our generation and to the doesnt get to just decide what is going
the family members of those serving in American people, the rest of the Amer- to happen, particularly when it comes
Iraq and Afghanistan. We always give ican people, about our concerns and the to war and executing the powers of the
this report. As of 10 a.m. this morning, Democratic new direction that we have Presidency. He does have to have input
the death toll in Iraq as it relates to been successful in moving in since No- from us.
the men and women in uniform is 3,424; vember 7th when we were victorious in I can tell you from my perspective, I
wounded in action and returning to the election and when the American think from your perspective, Mr. MEEK,
duty is 14,073; and wounded in action people indicated to this Congress that and Mr. RYAN as well, that this is the
and not returning to duty is 11,476. I they wanted to move in a new direc- beginning of the end. The actions we
think it is very important that we pay tion. have taken, insisting upon him not
very close attention to those numbers. We struggled through the last num- having a blank check and ending the
The days of six supplementals pass- ber of years. Gradually, and unfortu-
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blank check and the open-ended com-


ing off of this floor, half a trillion dol- nately a cloud hung over this institu- mitments that have been there, it is
lars spent and no strings attached to tion and this Capitol, a culture of cor- the beginning of the end.
any of those appropriation dollars, ruption had developed, Mr. RYAN, and Mr. RYAN of Ohio. While we are hit-
those days are over. I am very proud of we just could not allow it to continue ting on the war, I think it is important
the leadership in the House and the any longer. The American people were for us to maybe go back and reevaluate

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5695
why the Democrats have the position never did say there was any connection so almost 400,000 less than prewar pro-
of redeploy out, wind this thing down, between Saddam Hussein and al Qaeda. duction.
and I think it is important for us to go Now, yesterday and this morning at Unemployment rate in Iraq went
through some of the numbers. the Coast Guard Academy graduation, from 20 up to 40 percent in December of
Mr. MEEK had already mentioned the now, finally, how many years into it, 2006. This problem has increased. I
number of troops killed. We have had he can hang his hat on there being a know our friends on the other side of
another nine that were killed in the connection between al Qaeda and our the aisle continue to try to tell us
last couple of days, and our hearts and involvement in Iraq. there are improvements, but the statis-
prayers go out to all the families that Why? Because he created that situa- tics tell us otherwise.
have been affected by this and who tion there. Because we created an incu- Mr. MEEK of Florida. Thank you,
have lost soldiers over there. The most bator and a hotbed that is an environ- Mr. RYAN. Mr. RYAN, you gave one
heartbreaking thing we have to do is ment for that. Of course, if you have a great floor speech when you came down
go to these funerals and see a 20-year culture like that, and I mean the cul- and said these are the same people who
old kid who has been married for a year ture in which bacteria will grow, just told us we will be greeted as liberators.
with a 7-month-old son or daughter. like a petri dish, if you create a petri These are the same people who told us
It is heartbreaking when we dont dish like that and culture it, of course oil revenues will be used to pay for the
even know what winning is. Ask the you are going to see the bacteria grow. war. These are the same people who
President. What is winning this war? If you create an environment in which told us this will be a sweeping mission.
What does that mean now? We cant bacteria can grow, it is going to ex- These are the same people that told us
really get an answer from the Presi- plode like wildfire. there were weapons of mass destruc-
dent. No wonder. It boggles my mind why tion. These are the same people that
But a couple of things, why we think he believes that what he is saying is told us there was a connection between
the President and his policies have not transparent to the American peo- Saddam Hussein and al Qaeda. These
made this situation worse. The number ple. It certainly is transparent and evi- are the same people that went on and
of insurgents in Iraq in 2003 was 5,000. dent in the polling numbers, because he on and on. You can go on YouTube and
The number of insurgents in Iraq in has literally an approval rating in watch it. I remembered and watched it,
March of 2007 is 70,000, all Sunni, most- terms of the way he has handled this and I thought it was one of your better
ly Sunni. What I love now is the Presi- war that is below 30 percent now. speeches on the floor. I will reserve
dent is starting to say, Mr. Speaker, You would think that politically we comment on how many you have made,
bin Laden is now saying we need to would delight in that as Democrats. but that is one of the better ones.
attack Americans in Iraq. See why we Mr. RYAN, it is very unfortunate that
But it actually makes me sad, because
right now we are breeding terrorists,
got to stay there? how can a President be effective on any
No kidding. Right? No kidding. Bin people that will dislike the United
other issues when he clearly wont even
Laden? Of course. We have 150,000 sol- States of America for the rest of their
be able to get the American people to lives. That wasnt our mission in Iraq,
diers in a war zone. Of course, bin listen to what he is saying because
Laden is going to say go hit them over and that is the reason why, before the
they are so soured on the direction election, a majority of Democrats were
there. that he has taken this country? That
But the problem is that we are cre- saying, and some Republicans were
makes it very difficult for us to even saying, that we should redeploy our
ating more terrorists. And if you are reach out in a bipartisan way and at-
trying to win the hearts and minds of troops to the peripheral and not do the
tempt to work with him, because he street patrols in Iraq.
people, okay, the number of civilian has no credibility at all. He has his How are we losing our troops? Going
casualties in Iraq since the invasion, own party Members who are finding it door to door, kicking in doors, riding
estimates range from 54,000 to 76,000. very difficult to do anything in terms down the streets. IEDs are blowing up
Those are innocent civilians in Iraq. Do of their agenda domestically, and we and killing many of our men and
you think we are going to be able to go dont see any outreach. He has created women. They are not being killed in
over there and win their hearts and an impossible situation, Mr. MEEK. the training missions. I havent heard
minds if we are killing innocent civil- Mr. RYAN of Ohio. If I could just say, one casualty, maybe there has been
ians with the bombs we are dropping? as we have increased the number, the one, but I havent heard of one cas-
This needs to be won diplomatically. incubation that a lot of our friends on ualty of any of our men and women
When it needs to be won diplomati- the other side have supported, where training Iraqi troops in how to protect
cally, it becomes very difficult when more and more not only insurgents, their country and how to protect their
you have 50,000 to 75,000 civilian casual- but as Ms. WASSERMAN SCHULTZ has own streets.
ties. said, more and more al Qaeda, more Case in point, let me paint this pic-
One more thing, and then I will wrap and more terrorists; so if you have a ture because I think it is important as
my portion up here. The average daily situation where you only have, for the we debate this emergency supple-
number of daily attacks by insurgents sake of the example, 100 al Qaeda, and mental. When you look at the fact that
in July of 2003 was 16 daily attacks in then we have the war, and now we have the U.S. troops with the flag on their
2003. The number of daily attacks by 1,000 al Qaeda, and then the President shoulder kicking the door searching for
insurgents between November of 2006 says well, we need to fight them over the three that were missing, going door
and February of 2007, 149. From 16 to there or they are going to come over to door, those children, that son, that
149. We are aggravating the situation. here, we have 900 more coming gunning grandfather, that mother will say that
We are making it worse, and the surge for the United States because of the in- the United States kicked my door in.
is making it worse. ability to actually execute this war. How do we get to this point, I am inno-
I yield back to my friend. cent and we are laying on the floor at
Ms. WASSERMAN SCHULTZ. Thank b 2030
2 a.m. with semiautomatic weapons
you. What we are doing, you are abso- To say we are making progress, and pointed at my family? Those individ-
lutely right, Mr. RYAN, is creating an we have some amazing ability to find uals end up listening to the rhetoric of
incubator for al Qaeda. That is exactly some of this information out, the num- radical terrorist groups that are say-
what has occurred. In fact, if you re- ber of hours per day of electricity in ing, they are not here for you, they are
call, we heard a few years ago a lot of Baghdad prior to the war was between here to terrorize your family.
back and forth from the President 16 and 24 hours a day. Now in May of That is why we have to get out of the
about whether he did or didnt say that 2007, the number of hours per day aver- position of this door-to-door and
the reason that we actually went into
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age 5.6 hours per day. That is feeding street-to-street combat in Iraq when
Iraq was because of the connection, the problem that we are having over the Iraqis themselves should be car-
supposed connection, between Saddam there. rying out that mission. It is so very,
Hussein and al Qaeda. Then I know Production of barrels per day prior to very important.
Tony Snow, the White House Commu- the war, 2.5 million. Production of bar- Like I said, six emergency
nications Director, has said no, we rels per day in May 2007, 2.16 million, supplementals, half a trillion dollars of

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H5696 CONGRESSIONAL RECORD HOUSE May 23, 2007
blank checks to this administration; tomorrow should understand that this WASSERMAN SCHULTZ, I think we should
no more. That is the reason why we are is a major accomplishment in the ef- commend every American for being fo-
having benchmarks. That is why the fort in taking away what the President cused on this issue of Iraq and encour-
White House has to come here and re- has had for the last 5 years: a blank age a discourse.
port to Congress. check, do as you want to do, Donald I was out behind the Chamber today
I heard one of the Republican Mem- Rumsfeld and all of them. on the balcony, and I noticed a person
bers say we are supposed to receive re- As Mr. RYAN says, as I close on this out there on a bullhorn saying, Stop
ports. Well, that is a revelation. Here point, the real issue here is the truth the war. I wasnt bothered by that be-
we are in charge of the Federal purse. will surface. Some of it has already cause the men and women that we are
We are responsible. We are the board surfaced, and a lot of it will continue going to celebrate on Monday fought
members, if you want to put it that to surface as we learn more about what for that lady to be out there saying
way, over the U.S. Treasury, and all of the Congress was not told and as we what she was saying.
a sudden now many of our Republican learn more about what we were told in- Ms. WASSERMAN SCHULTZ. That is
Members are saying, yes, we are sup- correctly. And as Americans reflect what it is all about.
posed to receive reports. back on this time, they will see some Mr. MEEK of Florida. That is right.
That should have been happening of the worst misinformation and se- That is what it is all about. And this is
from the beginning. Maybe then the crecy at a time of war and a time of not a kingdom, this is a democracy, we
death toll wouldnt be what it is, and economic strain on this country. have to tolerate one another now and
maybe we may have more coalition We have borrowed more from foreign then, but we have to make sure that we
partners in this effort if it was run nations than we have ever borrowed in make sound decisions on behalf of the
right from the beginning versus send us the history of the Republic; and still, Republic.
a blank check and dont ask any ques- we have Members standing here asking Ms. WASSERMAN SCHULTZ, I yield to
tions. what is wrong. Well, the reason we are you.
So the President can say what he in the majority on this side of the Ms. WASSERMAN SCHULTZ. Thank
wants to say. Memorial Day is coming aisle, we are very busy leading on be- you, Mr. MEEK.
up. We have men and women who have half of the American people, is a per- I have to tell you, I have thought re-
laid down and sacrificed. Many of them fect example of what is wrong. cently when people come up to me, you
The American people know what is would think that there are people that
have paid the ultimate sacrifice. Many
going on. I am not talking about a would say, DEBBIE, KENDRICK, TIM,
of the men and women that fought
bunch of proud Democrats. I am talk- what does it really matter? We have
with them remember those who paid
ing about Independents and Repub- been spending billions of dollars for the
the ultimate sacrifice, and still we are
licans and those who have never voted last 5 years. We are over there in Iraq.
here playing games with the democ-
before in their life, they decided to get
racy that they allow us to celebrate Yeah, the American people are opposed
involved and vote. If this was just
today, under what we may call king- to this, and we are in a pretty bad situ-
about politics, we would just go home
dom politics of the President feeling ation over there, and there doesnt ap-
or be in our offices doing the things we
that you shouldnt ask any questions; I pear to be any end in sight, but how
need to do for tomorrow, and let the
trust my advisors, and I trust the gen- does this affect my life? At the end of
Democratic majority get bigger and
erals in the field. the day I am eating, my children are
bigger because we would lead the Re-
Well, I trust the generals in the field, eating, they are going to school. Iraq is
publicans to doing and saying what
too. And I have a level of trust for the far away, and it is not impacting me
they have been doing all along.
administration, but the track record But this is bigger than politics. This whether we continue the war in Iraq or
doesnt support dont ask any ques- is about our democracy. This is about dont continue the war in Iraq.
tions; we dont need any strings at- our finances here in the country, and Gradually day by day, the percentage
tached; you are trying to take my this is about saving U.S. lives that are of people that dont feel that way, that
power away. We are not trying to take in harms way right now when we can get it, that understand what the im-
power away, we are just trying to work out a better plan and force the pact is, not just on the perception of
make sure that the Federal tax dollar Iraqi Government to take the responsi- America in the world, but what the do-
is spent in an appropriate way and we bility of their streets, take the respon- mestic day-to-day impact is, is grow-
save as many American lives as pos- sibility of their patrols, and make sure ing.
sible. that they meet benchmarks just like Besides the Presidents popularity
Ms. WASSERMAN SCHULTZ, no one, every U.S. mayor has to meet with ratings, which are in the toilet, we
Democrat or Republican, should apolo- Federal dollars, just like every U.S. have a situation here where people are
gize for what is going on right now in Governor has to meet when they are realizing, for example, that our Na-
Washington, DC. I think many of our spending Federal dollars. Just like tional Guard is unable to be 100 percent
friends who believe we should be out of every U.S. agency should be account- ready to take care of us and do the job
Iraq tomorrow, we should send every able to the taxpayer dollars, the Iraqi that we actually created the National
plane we can possibly send, take our Government and those in the Iraqi Guard to do.
troops out, redeploy our troops and Government should be just as account- Mr. MEEK, next Friday is June 1, the
just leave it as is, there is a process in able and greater with the U.S. taxpayer official start of hurricane season, even
doing that. We are going through that dollars. though we have had activity a few
process right now. A lot of it is very I dont want to get all emotional, weeks in advance of the beginning of
painful. like Mr. RYAN said, but I cant help but hurricane season. And yesterday NOAA
Some say, why are you giving the do it when I think about Memorial Day came out with their prediction on how
President another opportunity to con- coming up and when I think about the busy this storm season is likely to be,
tinue this war and continue to fight veterans benefits that we have in the and their prediction is 10 to 14 named
this war? Havent you learned over the emergency supplemental. storms, and a good chunk to be in the
last 5 years that the strategy they are We have some folks saying we category 3, 4 or 5 category.
using is a combat strategy, not a diplo- shouldnt have any domestic spending We have a National Guard that has
matic strategy, not making sure there in here, and we have troops coming equipment that is still over in Iraq,
are benchmarks on the Iraqi Govern- back and still waiting a long time to and when it does come back, it comes
ment, and they had that opportunity. get their service. It was the Democrats back in such terrible shape, it isnt
I encourage, Ms. WASSERMAN that put forth the dollars to make sure going to be ready to take care of Amer-
SCHULTZ, when we do get a bill on the icans who are in need after the after-
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that Walter Reed was repaired. That is


floor, we do have a number of Repub- also in this emergency supplemental. math of a natural disaster. That is a
licans voting on behalf of this next sup- We will talk a little more about that as direct result of our inability to extri-
plemental, and a number of Democrats we move along. cate ourselves from Iraq, our inability
voting on behalf of the supplemental. I know we are going to talk about to hold the Iraqi Government account-
And those that feel the war should end gas prices in the time left. Ms. able, to establish benchmarks, to make

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5697
sure that there is some progress made, Iraq is not the United States, by far, just blowing off steam. At that point,
and that they dont have an open-ended but I want to share with you that you lost control and it went all down-
commitment and a blank check even many of our men and women are fol- hill from there.
after the Iraqi Parliament, Mr. RYAN lowing the duty that weve asked them But my point is that you talk to
and Mr. MEEK, have indicated that to carry out, and they trust us that we these soldiers who are on the ground,
they dont want us there anymore. will ask the questions that we should and they see that they cant handle
There was a resolution that came out ask here in Washington, DC and carry this situation the way it is and that
of the Iraq Parliament that indicated it out. the only way to do it is through diplo-
they didnt want us there. There is an I just want you to respond to that be- macy, is to try to patch up some of
incredible frustration among the Iraqi cause I know that you have some words these political problems, which gets
people about our being there. There is of wisdom, especially on that end, in worsened because of the innocent civil-
a worldwide concern about our pres- all seriousness, because its just simple ians that are dying in Iraq, which
ence there; and, most importantly, the common sense to do the things we makes them not like us.
American people want us to bring the should be doing. It does not take a Ms. WASSERMAN SCHULTZ. Like
troops home so that we can refocus the rocket scientist, and you dont have to happens to you sometimes, my blood is
attention that we are paying in Iraq on be a four-star general to understand starting to boil because all that it
training those troops to stand up on that what were doing is not working. takes, Im sitting here listening to this
their own and for the Iraqi Government And to say lets keep doing it and de- back and forth that were going
to function on their own. classifying information and saying this through here and example after exam-
Mr. MEEK of Florida. I have a ques- is the reason why I did this, this is the ple about the reasons for the American
tion for Mr. RYAN. reason why I did that, it still does not peoples outrage, for our outrage, for
Ms. WASSERMAN SCHULTZ. And, equate to why were still doing the our persistence in trying to move this
Mr. MEEK, I would have segued into the same thing and expecting different re- iceberg and get some progress and end
issue of our skyrocketing gas prices. sults. the blank check and establish some ac-
I will use this analogy before I yield countability.
b 2045 You know, its very simple. All the
to you. Its almost like going to the re-
Mr. MEEK of Florida. We will. frigerator and taking out a carton of President has to do is be a diplomat
Mr. RYAN of Ohio. Chief cardinal, milk, taking a smell of the milk and himself and agree to come to the table
too, so if she wants to talk about gas, saying, wow, its sour, I will put it and compromise and negotiate and end
I want to talk about gas. back in and maybe itll be fresh tomor- the my-way-or-the-highway politics.
Mr. MEEK of Florida. You know He is not king. Yes, he was elected
row. It works against logic.
what they say. They have Democrats And whats happening now is that the President, but he was elected to one
and Republicans and members of the strategy that the White House has branch of the government, which, the
Appropriations Committee, and I hap- works against logic, but unfortunately, way our government is set up, is de-
pen to be on the floor with two of it would be okay if it was just an indi- signed to work coequally with this
them. One is a cardinal and one thinks vidual, but its dealing with U.S. lives. branch of government.
that hes actually running the country, He has disdained the legislative
I know all of us want to save lives, but
but I would say that as we continue to branch, and this is the representative
we have to make sure that we do every-
talk about this, especially in Armed body of the United States of America.
thing we can to send a message to the
Services, and Chairman Ike Skelton The people who elect us elect us to be
White House, and also man up and their voice. They elect one person, an
has done an excellent job in the defense woman up here in Congress, and be
authorization bill, getting us to a read- executive, and they elect 435 of us so
leaders in that direction towards safety we can have a collective diversity of
iness stage where we can deal with the and accountability and moving the
issues, Ms. WASSERMAN SCHULTZ, that opinion and that the result in terms of
Iraqi issue in a new direction. the outcome of policy is a combination
you outlined. Mr. RYAN of Ohio. All we really have
These are very important issues, es- of that diversity. And he has no respect
to do is talk to some of the soldiers
pecially the Gulf Coast States or any for it, and thats why his numbers are
who are over there and who have come where they are. Thats why the support
State that has a, Kansas for instance, back, which Im sure most of us have. for this President, the bottom has
it has a natural disaster or have a dis- And when they explain whats going on dropped out of it.
aster where they need the National on the ground, its mind-boggling to And thats why over the next several
Guard to have the equipment that they think in cities of 140, 150, 160, 170,000 months we will push this iceberg with
need, its in that authorization bill, weve got American troops, for exam- all our might, and I can feel it, that
and I want to thank not only my col- ple, on the west side of the city, with their ability to continue unabated with
leagues on the committee but also Mr. 1,000 Iraqi troops on the west side of the disdain and disregard that this ad-
SKELTON for all of his hard work on the the city, and 1,000 on the east side and ministration has shown for the Amer-
authorization end. 1,000 Iraqis; 2,000, 4,000 total for the ican people and our opinion, it will
But I think its also important for us whole city, 2,000 of the 4,000 being come to an end and its going to come
to note that our mission, we talk about American. How are you going to con- to an end in a fashion that we will help
redeployment. Were talking about re- trol a city of 170,000 people? And a bring about the change that the Amer-
deployment and deploying a diplomatic surge of an extra 1,000 or 2,000 is not ican people ask for. And that is the
corps to work with the Iraqi Govern- going to make a difference. Its going only way that this is going to happen,
ment and have a surge in diplomacy or to make it worse. if we continue to fight, we continue to
an escalation in diplomacy. Why cant This surge is not the first time weve push hard, we make sure that we go
we get other countries to join us? Well, tried this. This is like the fourth time, out to our communities like we will all
why would they want to join something and every time that weve tried a surge do next week.
that is going to create more terrorism in certain areas there has been an in- I know Im having a town hall meet-
or terrorists in their country? Thats crease in the number of daily attacks, ing next Wednesday in my district to
what were doing, and so I think its not a decrease, because it incites the talk specifically about the war in Iraq
important for everyone to understand area, and you still dont have enough. and how people feel about it, get their
that. And weve all said from the begin- feedback, talk about the other issues
And I share that with my constitu- ning, if we went in there with 3- or that are important to them, because
ents when I go out to speak to them. 400,000 troops, where we were able, people are tired. Theyre tired of the
Were in here having this meeting here, after the statue fell, to secure the
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war. Theyre sick of the deaths.


were sitting in this living room, and State, to secure the country of Iraq, Theyre sick of the death toll, and they
someone kicks in the door and come in that would have been a different story, want us to be able to talk about how
and do a security search; how would and all the looting was going on and were going to expand health care.
you feel? Who would be responsible for the museums and everything, and then We have the SCHIP program that we
that? You would be outraged. Secretary Rumsfeld said, well, theyre need to reauthorize later this year. We

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H5698 CONGRESSIONAL RECORD HOUSE May 23, 2007
have 9 million kids that we need to find tion even though its not as far as we took office. This chart will illustrate
the money to cover. We have to make want to go. that the average price per gallon on
sure we can reduce the cost of health But I think this is a call, Mr. Speak- January 22, 2001, at the beginning of
care for small businesses. We have a er, for the citizens of this country to the Bush administration, was $1.47, and
deficit that has ballooned out of con- step out and step up, not the ones that then as of May 21, 2007, just a couple
trol, that were trying to get a handle we see wearing the pink, not the ones days ago, the average price per gallon
on, no thanks to our friends on the that we see with the bull horn, but if today is $3.22.
other side of the aisle. were going to end this war, its going Now, what that means is that
We have a lot to do, a long to-do list, to be average people who support our amounts to real money. When youre
and it would be great if the President philosophy but have yet to say any- talking about it costing 20 or so dollars
would just recognize that we all need thing, and not in your district or my to fill up your tank or $25 to fill up
to work together and end his disrespect district but in districts where their your tank, thats a manageable
for the American people and for the representatives come down here and amount of money.
democratic process because its gone on support the President.
You cant sit on the sidelines on this b 2100
for far too long. And we have a lot at
stake here. one, not as a politician, but as a citizen But when you get to $50, $50, Mr.
And I just have reached my level of youve got to come out here and help MURPHY, is an amount that I think
frustration. I know my constituents us do this, and I think there needs to about. I mean, when I am faced with
have, and thats why Im proud of our be a direct call to a action. paying a bill thats $50, thats real
caucus because we have hung together. Just to let you know, Mr. Speaker, money to me. To me, that gives me
We have stuck together and pushed and we are sending a letter to the U.S Con- pause. I have to make a decision, nor-
pushed and pushed each other so that ference of Catholic Bishops from me mally, about other things unrelated to
we can get behind a policy that not all and several other Members, asking things that I absolutely have to have
of us are 100 percent behind. Everybody them to reengage the war issue; that like gas, about whether or not I am
didnt get their way with the legisla- this is the issue of our day and that going to actually spend $50. Do I have
tion that we put forward with bench- they need to be more active and they the money? What else will I not be able
marks and timelines. But you know need to get involved in their local par- to buy if I spend $50 on this item?
what? Thats what this representative ishes and demand that their citizens Gas is not like that. Gas is some-
body that we were elected to is all get off the pews and start participating thing thats not optional. You have to
and getting legislators to move off the drive your kids to school. You have to
about. Its about compromise and its
dime. Weve got to do this by Sep- make sure you can get your car to the
about standing up for the people who
tember, or in the fall while were begin- grocery store. If you dont go to the
dont have a voice. They elected us to
ning the process for 2008. Or were grocery store because you dont have
be their voice and I have been very
going to continue to be here and legis- gas, your family doesnt eat. If your
proud to be a Member of this institu-
lators are going to continue to get kid is sick and you cant fill the gas
tion, really proud of our Democratic
away with voting to support the Presi- tank, then you cant take them to the
leadership.
dent when 71 percent of the American doctor, and they get sicker. How are
And Im just hopeful that we can get
people dont think hes handling this you going to get them to the emer-
beyond this war and start talking
job properly. gency room if they get so sick that you
about things like the $3.22 a gallon Ms. WASSERMAN SCHULTZ. I think
that our constituents are paying, on need that kind of health care? Those
you are right. I think also, as the sum- are real problems that Americans face
average, for their gas as we approach mer begins and then wears on and we
the summer season as well. when gas prices reach that point.
have an opportunity in the summer- What we are doing in the Democratic
Mr. RYAN of Ohio. In a very prac- time to go home and spend some time
tical way, were pushing. I mean, I Caucus and as we continue to fight to
in our districts and interact with our
think this Congress has done every- move this country in a new direction is
constituents, that the issues that pile
thing that it can do, but if were not we are working on an energy package
up, at were going to have a difficult
getting any help from our Republican that we will bring to the floor by July
time dealing with, because we are still
friends, a couple have shown great 4, an energy independence package that
mired in this hopeless war in Iraq, are
courage to try to end this thing, but will ensure that we can crack down on
going to continue to fray the patience
not getting the support where we can price gouging, like the legislation that
of the American people, and I think our
override the Presidents veto. we passed off this floor yesterday, that
friends on the other side of the aisle
Now, this is the stark reality that is we can really start to respond to the
will hear from their constituents.
frustrating for all of us, the Speaker I I keep wanting to move a little bit oil cartel and make sure that they are
know for sure, and all of us, is that and talk about gas prices, and Im pursued for the antitrust violations
were trying to end this war. The first chomping at the bit to do that because that they engage in, and that we really
bill we passed had a hard deadline. The youve heard me talk about this before. invest in alternative energy.
second bill we passed had a goal to get Im one of those minivan moms. I drive The Presidents remarks during the
out. The President still vetoed that, my kids around in my minivan to soc- State of the Union last year were just
Mr. Speaker, and were trying the best cer games and to school. And last sum- words. When he referenced his desire to
we can within this institution to move mer when we were frustrated with the see America end our addiction to for-
this iceberg, as you say. rise in gas prices, I remember explod- eign oil, nice words, but no action to
But the President consistently vetoes ing on the floor here talking about how speak of. Nothing that I can see in any
these bills that were trying to pass. it cost over $55 to fill up my gas tank. policy is reflective of the words that we
And so now were to the point where And then, of course, conveniently, heard in this Chamber during that
weve got to figure out whats the best right before the election, the prices State of the Union. We, on the other
we can do, and it looks like the best we came down again. Im sure it had noth- hand, are going to make a difference.
can do is try to get him to at least ing to do with the fact that an election Mr. MURPHY.
have these benchmarks that are in was imminent, and Im sure the oil in- Mr. MURPHY of Connecticut. Thank
there, report back in September, July dustry didnt do anything deliberate to you for letting me come down here for
and September, with some of this, and ensure that that would happen. just a couple of seconds and add my
get our veterans the support and the But amazingly it is now May and voice to the chorus here.
funding they need. those gas prices have not just crept but You are absolutely right. When you
Nobody likes that. I dont like it. I are talking about something as essen-
mstockstill on PROD1PC66 with HOUSE

leapt back up, and I want to just share


dont even know if Im going to vote with you the timeline that has existed tial as gas for people driving to and
for it, to be quite honest. Im so frus- since this administration took over in from work bringing their kids back and
trated with the President at this point, the executive branch. forth to school, its not an optional ex-
but weve got decisions to make as to We are now paying more than double penditure. Now, in Connecticut we love
can we take a step in the right direc- for gas than when President Bush first to say there is another choice, people

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5699
could get on some train or get on some national security. Thats why I had to signing on to www.speaker.gov and
bus, but they dont exist. They dont drag Mr. RYAN up to the rostrum to look for the 30-something link, and you
exist because unfortunately in some allow me get down here and say my 2 can find all the things that we are
parts of this country we have neglected cents on this. working on in the 30-something Work-
our mass transit infrastructure, and we This is what the Democratic major- ing Group.
have forced people to rely on their ve- ity is going to deliver. Its going to go Mr. MEEK of Florida. Thank you
hicles to get themselves around. from a time when we could complain very much. I want to thank you and
I just saw a statistic today that said about gas prices and not see much ac- Mr. RYAN.
in Waterbury, Connecticut, in the tion at all from Congress to a time now Mr. Speaker, I want to thank you for
heart of my district, that one in six where we are still going to complain your time here on floor. Its always an
people in public housing are spending about it, but we are actually going to honor for us to address the House of
66 percent of their income on rent, 66 have a group of people here in the Representatives.
percent of their income on rent. There House and Senate and step up to the f
is not much left for food. There is not plate and do something about it. COMMUNICATION FROM CHAIRMAN
much left for medicine. We know they Ms. WASSERMAN SCHULTZ. We are
OF COMMITTEE ON TRANSPOR-
have to pay more for medicine because wrapping up in a few minutes, but I
TATION AND INFRASTRUCTURE
less of them have health care. There is have got this gas tank replica here,
certainly not a lot left for transpor- which is pretty ancient-looking. Its The SPEAKER pro tempore (Mr.
tation costs. This is hitting at the actually decrepit itself. I bring it with MURPHY of Connecticut) laid before the
heart of the American middle class, at me to the floor because it is the only House the following communication
the heart of the American working explanation that I can find as to why from the chairman of the Committee
class. our good friends on the other side of on Transportation and Infrastructure;
In just a second we will show a chart the aisle and this President seem to- which was read and, without objection,
that would suggest that the reason for tally unresponsive in trying to address referred to the Committee on Appro-
these increased prices at the pump is this problem and work with us. priations:
certainly not that the oil companies My only explanation is that perhaps HOUSE OF REPRESENTATIVES, COM-
are crying poverty, certainly not be- they dont pump their own gas, or per- MITTEE ON TRANSPORTATION AND
cause the bottom lines of American oil haps the last time they actually filled INFRASTRUCTURE,
Washington, DC, May 18, 2007.
companies and national oil companies their own tank, and saw that ticker,
Hon. NANCY PELOSI,
are hurting. It is hard to understand and realized how much it cost to fill up Cannon House Office Building,
with the record profits, year after year. a tank is when gas pumps look like Washington, DC.
The last 3 or 4 years, every year, comes this. Thats my only explanation, given DEAR SPEAKER PELOSI: I am writing to in-
new record profits for these oil compa- this is the 30-something Working form you that the Committee on Transpor-
nies. How on Earth can we continue to Group. Maybe it has been since the tation and Infrastructure approved thirteen
see these prices go up? 1950s that they filled their own tank, survey resolutions for the U.S. Army Corps
I just want to say one more thing unlike the people that we represent, of Engineers at a Full Committee Markup on
that was touched on. We have to talk May 2, 2007.
who are trying, struggling to fill their Pursuant to the provisions of 33 US.C. 542,
about what national independence tank every day. I have enclosed the resolutions for your re-
means, dependence on oil means for na- We are going to continue to back up view.
tional security as well, over 170,000 bar- our words with action. I look forward With all best wishes.
rels of oil from Saudi Arabia in 2006 to working with my colleagues in the Sincerely,
and other OPEC countries. If you want 30-something Working Group under the JAMES L. OBERSTAR,
to talk about why we cant bring a leadership of our Speaker, NANCY Chairman.
country like Saudi Arabia to the table, PELOSI. RESOLUTIONDOCKET 2768MOSS LANDING
have a conversation about why they Mr. MEEK of Florida. Very good. As HARBOR-ELKHORN SLOUGH, MONTEREY
COUNTY, CALIFORNIA
are creating a society in which their we close, I know that we have our Web
Resolved by the Committee on Transpor-
most marginalized members feel that site that we need to give out. Well, we
tation and Infrastructure of the United
their only resort is to extremism and dont have time, but let me just do States House of Representatives, That the
violence; if you want to find out why this. Mr. MURPHY talked about this. Secretary of the Army review the report of
we cant hold some of these Middle These are another record year for oil the Chief of Engineers on Moss Landing Har-
Eastern countries accountable for the company profits, in 2007, record profits, bor, California, published as Senate Docu-
societies that they are creating and the $30.2 billion they have been able to ment 50, 79th Congress, 1st Session, and
terrorism they are helping fuel, its be- achieve, and $6.5 billion in 2002; and other pertinent reports, to determine wheth-
cause we rely on their oil. Its because 2007, $30.2 billion. I think those are er modifications to the recommendations
pretty good years for oil companies. It contained therein are advisable at the
in the end we cant make them angry,
present time in the interest of navigation
because if we do, they are going to cut seems to happen, and I am not a Mem- and environmental restoration, with empha-
off the food that our cars eat. ber of Congress with a conspiracy the- sis on the health of Elkhorn Slough, and
Now, energy independence is about ory, but, with the Bush administration other related purposes.
lowering gas prices. Antitrust legisla- and the White House, looked like oil
tion, price-gouging legislation, is about companies have done better than many RESOLUTIONDOCKET 2769NEW HAVEN
getting to the heart of the problem for Americans have done. HARBOR, CONNECTICUT
middle-class consumers and drivers, As I talk to my friends and those Resolved by the Committee on Transpor-
the prices at the pump. But ultimately that have F10 pickup trucks, what tation and Infrastructure of the United
we have to figure out how to walk have you, its costing upwards of $80 States House of Representatives, That the
Secretary of the Army review the report of
away from some of these quagmires we just for a small business to run that the Chief of Engineers on the New Haven
are in with countries that provide oil truck, which is going to end up costing Harbor, Connecticut, published as House
to us. We have got to understand that the U.S. taxpayers even more when Document 517, 79th Congress, 2nd Session,
energy independence is about doing the they go for goods and services. We do and other pertinent reports, to determine
right thing for middle-class families, to have our Web site, and we will give whether modifications of the recommenda-
minivan moms. that real quick, and we will close. tions contained therein are advisable at the
It is also about doing the right thing Ms. WASSERMAN SCHULTZ. We en- present time in the interest of navigation,
for national security. Its also making courage you, any of the Members, any- sediment control, environmental preserva-
tion and restoration, and other related pur-
sure that my future kids and grandkids one listening, to sign onto our Web
mstockstill on PROD1PC66 with HOUSE

poses at New Haven Harbor, Connecticut.


are going to grow up in a society thats site. The charts that we have been de-
safe. Thats why its a triple whammy. scribing tonight are up on that Web RESOLUTIONDOCKET 2770MERAMEC RIVER,
Energy independence is about lowering site. You can reach us, e-mail us, at BRUSH CREEK, PACIFIC, MISSOURI
energy prices, its about cleaning up 30somethingdems@mail.house.gov, and Resolved by the Committee on Transpor-
our environment, and its also about you can also reach our Web site by tation and Infrastructure of the United

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H5700 CONGRESSIONAL RECORD HOUSE May 23, 2007
States House of Representatives, That the RESOLUTIONDOCKET 2774MANHATTAN Secretary of the Army review the report of
Secretary of the Army review the report of BEACH AND SHEEPSHEAD BAY, CONEY IS- the Chief of Engineers on Chowan River,
the Chief of Engineers on the Mississippi LAND, NEW YORK North Carolina, and Blackwater River, Vir-
River between Coon Rapids Dam, Minnesota, Resolved by the Committee on Transpor- ginia, published as House Document 101, 76th
and the mouth of the Ohio River published in tation and Infrastructure of the United Congress, 1st Session, and other pertinent re-
House Document 669, 76th Congress, 3rd Ses- States House of Representatives, That the ports, to determine whether modifications to
sion, and other pertinent reports, to deter- Secretary of the Army review the report of the recommendations contained therein are
mine whether modifications to the rec- the Chief of Engineers on the Atlantic Coast advisable at the present time with particular
ommendations contained therein are advis- of New York City from Rockaway Inlet to references toward flood damage reduction,
able at the present time, in the interest of Norton Point, published in House Document environmental restoration, navigation, ero-
flood control, environmental restoration, 9623 and other pertinent reports, to deter- sion control, and associated water resources
and related purposes along the Mississippi mine whether modifications to the rec- issues in the Chowan River basin, Virginia
River and its Tributaries with particular ref- ommendations contained therein are advis- and North Carolina.
erence to the Meramec River in the vicinity able at the present time, in the interest of
of Pacific, Missouri, including the counties storm damage reduction, floodplain manage- RESOLUTIONDOCKET 2779WESTCHESTER
of Franklin, Jefferson, and St. Louis. ment environmental preservation and res- COUNTY STREAMS, WESTCHESTER COUNTY,
toration, and other allied purposes at Man- NEW YORK
RESOLUTIONDOCKET 2771ST. LOUIS, hattan Beach and Sheepshead Bay, New Resolved by the Committee on Transpor-
MISSOURI York. tation and Infrastructure of the United
States House of Representatives, That the
Resolved by the Committee on Transpor-
RESOLUTIONDOCKET 2775PECONIC BAY Secretary of the Army review the report of
tation and Infrastructure of the United
WATERSHED, SUFFOLK COUNTY, NEW YORK the Chief of Engineers on the Streams in
States House of Representatives, That the
Resolved by the Committee on Transpor- Westchester County, New York, and the Ma-
Secretary of the Army review the report of
tation and Infrastructure of the United maroneck and Sheldrake Rivers Basin and
the Chief of Engineers on the Mississippi
States House of Representatives, That the Byram River Basin, New York and Con-
River between Coon Rapids Dam, Minnesota,
Secretary of the Army review the report of necticut published as House Document 98
and the mouth of the Ohio River published in
the Chief of Engineers on the Long Island In- 112, and other pertinent reports on the
House Document 669, 76th Congress, 3rd Ses-
tracoastal Waterway from East Rockaway Hutchinson, Mamaroneck and Sheldrake
sion, and other pertinent reports, to deter-
Inlet to Great Peconic Bay, published as Rivers to determine whether modifications
mine whether modifications to the rec-
House Document 181, 75th Congress, 1st Ses- to the recommendations contained therein
ommendations contained therein are advis-
sion, and other pertinent reports, to deter- are advisable at the present time in the in-
able at the present time, for the purpose of
mine whether modifications to the rec- terest of water resources development, in-
reconstructing the facilities of the St. Louis
ommendations contained therein are advis- cluding flood damage reduction, storm dam-
Flood Protection System, Missouri along the
able in the interest of environmental res- age reduction, environmental restoration,
Mississippi River in the city of St. Louis and
toration and preservation, streambank sta- navigation, watershed management, water
St. Louis County, Missouri to return the
bilization, flood damage reduction, flood- supply, and other allied purposes.
pump stations, gravity drains, pressure
sewer emergency closure gatewells and other plain management, water quality, and other
pertinent features to their original degree of related purposes in the Peconic Bay Water- RESOLUTIONDOCKET 2780ROARING FORK
protection. shed, New York. RIVER, BASALT, COLORADO
Resolved by the Committee on Transpor-
RESOLUTIONDOCKET 2776RONDOUT WATER- tation and Infrastructure of the United
RESOLUTIONDOCKET 2772ESOPUS AND
SHED, SULLIVAN AND ULSTER COUNTIES, NEW States House of Representatives, in accord-
PLATTEKILL WATERSHEDS, GREENE AND UL- YORK, ance with the Flood Control Act of 1938, That
STER COUNTIES, NEW YORK
Resolved by the Committee on Transpor- the Secretary of the Army study the feasi-
Resolved by the Committee on Transpor- tation and Infrastructure of the United bility of and alternatives for Roaring Fork
tation and Infrastructure of the United States House of Representatives, That the River, in the vicinity of the Town of Basalt,
States House of Representatives, That the Secretary of the Army review the report of Eagle and Pitkin Counties, Colorado, to de-
Secretary of the Army review the report of the Chief of Engineers on the New York and termine whether modifications to the rec-
the Chief of Engineers on the New York and New Jersey Channels, published as House ommendations contained therein are advis-
New Jersey Channels, published as House Document 133, 74th Congress, 1st Session; the able at the present time in the interest of
Document 133, 74th Congress, 1st Session; the New York and New Jersey Harbor Entrance flood damage reduction, environmental res-
New York and New Jersey Harbor Entrance Channels and Anchorage Areas, published as toration, recreational, and other related pur-
Channels and Anchorage Areas, published as Senate Document 45, 84th Congress, 1st Ses- poses along the Roaring Fork River, Colo-
Senate Document 45, 84th Congress, 1st Ses- sion; and the New York Harbor, NY Anchor- rado.
sion; and the New York Harbor, NY Anchor- age Channel, published as House Document
age Channel, published as House Document 18, 71st Congress, 2nd Session, and other per- There was no objection.
18, 71st Congress, 2nd Session, and other per- tinent reports, to determine whether modi-
tinent reports, to determine whether modi- fications to the recommendations contained f
fications to the recommendations contained therein are advisable in the interest of navi-
therein are advisable in the interest of navi- gation, streambank stabilization, flood dam- REPUBLICAN STUDY COMMITTEE
gation, streambank stabilization, flood dam- age reduction, floodplain managment, water
age reduction, floodplain management, quality, sediment control, environmental The SPEAKER pro tempore. Under
water quality, sediment control, environ- preservation and restoration, and other re- the Speakers announced policy of Jan-
mental preservation and restoration, and lated purposes in Rondout Watershed, New uary 18, 2007, the gentleman from
other related purposes in Esopus and York. Texas (Mr. NEUGEBAUER) is recognized
Plattekill Watersheds, New York.
for 60 minutes as the designee of the
RESOLUTIONDOCKET 2777KEY WEST minority leader.
RESOLUTIONDOCKET 2773HASHAMOMUCK HARBOR, FLORIDA
Mr. NEUGEBAUER. Mr. Speaker, I
COVE, SOUTHOLD, NEW YORK Resolved by the Committee on Transpor- was listening with interest this
Resolved by the Committee on Transpor- tation and Infrastructure of the United
States House of Representatives, That the
evening about all of the things that are
tation and Infrastructure of the United going, supposedly, not well in Iraq. So
States House of Representatives, That the Secretary of the Army review the report of
the Chief of Engineers on Key West Harbor, I hope to spend the next hour with
Secretary of the Army review the report of
the Chief of Engineers on the North Shore of Florida, published in Senate Document 106, some of my colleagues talking about
Long Island, Suffolk County, New York, pub- 87th Congress, 2nd Session, and other perti- the things that are going well. I
lished as House Document 198, 92nd Congress, nent reports, to determine whether modifica- thought it was interesting as the other
2nd Session, and other pertinent reports, to tions to the recommendations contained side was talking about how they sup-
determine whether modifications to the rec- therein are advisable with particular ref- port our troops, and are thankful for
ommendations contained therein are advis- erence to widening the navigation project at
the present time at Key West Harbor.
the wonderful job they are doing, yet
able in the interest of navigation, they have made them wait 107 days for
mstockstill on PROD1PC66 with HOUSE

streambank stabilization, flood damage re-


RESOLUTIONDOCKET 2778CHOWAN RIVER much-needed resources to do the job
duction, floodplain management, water qual-
ity, sediment control, environmental preser- BASIN, VIRGINIA AND NORTH CAROLINA that we have asked them to do.
vation and restoration, and other related Resolved by the Committee on Transpor- We are going to talk about that later
purposes in Hashamomuck Cove and Tribu- tation and Infrastructure of the United on this evening, of all of the things
taries, New York. States House of Representatives, That the that our young men and women have

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5701
had to wait for as we have been playing a lot of discussion. Baghdad, of course, Israelis said that you are going to lose
a political game, or the other side, I is very near the center part. You can Saudi Arabia. That is, the terrorists
would say, has been playing the polit- see where we are spending more money are going to go in and topple that re-
ical game, and our young men and on reconstruction there and up north. gime, they are going to go in and take
women have been doing and continue We can see, also, that if we have the re- over that government. Now, Saudi Ara-
to do the professional job that they ports of firefights, the reports of IEDs, bia has about 60 percent of the worlds
have been doing for so many times. we would see the same sort of clus- known reserves; that is the reserves of
I have been to Iraq three times my- tering there. normal petroleum. So that would de-
self, and tonight I am joined by some of People ask, well, why did the British stabilize between losing the production
my colleagues that have also been over leave? The British were serving in the in Iraq, losing the production in Saudi
there. We are going to talk about this southern section here. The British ac- Arabia. And, dont forget Kuwait, be-
war, because its a real war. I think tually had secured their area that had cause the general assumption is that
some people try to minimize what is been turned over to the Iraqis. Kuwait and Jordan would fall. Then
going on in this global war on ter- I think all of our troop commanders you see a picture where the worldwide
rorism, but, in fact, it is a real war. We are telling us that when we have Iraq oil market would destabilize.
will talk about where this war is being secure, that when the Iraqi forces are At that point I think that we would
fought. Its not just being fought in in charge of their own security, both really have to worry about the security
Iraq and Afghanistan. We are also police and then the army, then we are of the entire world economy. And if
going to talk about the fact that Iraq going to see troops start coming home. you worry about the security of the
is a central front for the war on ter- Thats exactly what happened. world economy, you also have to worry
rorism. Now, the risk that we run, I would about social stability, because the ter-
Finally, we are also going to talk a cover that just briefly, Iran touches on rorists know they are not going to beat
lot about the progress thats being the eastern side of the country. If we us militarily. That has never been
made over there. General Pace was in pull out, Iran will take over these mas- their attempt. Their attempt is to de-
Congress today briefing Members on sive oil fields in the southern part of stabilize us economically. That was the
whats going on in Iraq and brought Iraq. Thats going to destabilize even reason they hit the World Trade Center
forth a very positive report in many more the price of gasoline. Our col- in 1993. They came back and hit it in
ways. leagues were just talking about it. 2001. And they knew that if they could
I look forward to this time. I am cer- Really, the price of gasoline is quite strike at that vibrant nerve center of
tainly glad that some of my friends on simple. I majored in economics in col- the U.S. economy, they would desta-
the other side werent around when we lege, and I did so because economics is bilize us economically. If they desta-
fought the Revolutionary War, because very easy. Its just got two moving bilize us economically, they destabilize
it might have been too expensive, or we parts: supply and demand. us politically.
might have lost too many lives. What
b 2115 So right now we are finding that ac-
we do know is freedom and democracy tually our surge of troops, those troops
has never come cheap. It comes with a If you will consider the demand for
our product, the demand for gasoline, are mostly in the Baghdad area, be-
price. cause how goes Baghdad, that is how
We enjoy the freedoms. In fact, we we have 300 million people today. That
is significantly more than what we had goes Iraq. The governing structure is in
enjoy the freedom to be on the floor to- Baghdad. If we secure Baghdad, then
night with our colleagues because of in the 1950s when the price of gas was
low. So our demand is increasingly we secure Iraq. If we do not secure
price that many have paid that have Baghdad, we do not secure Iraq.
gone before us. I am very proud of higher, but also our supply is becoming
more restricted. We put about 110,000, 120,000 troops
them. Every time that I have had the
Then we look at the worldwide pic- into Baghdad. We are also joining those
opportunity to travel and be with our
ture, and you understand that the Chi- up with about 100,000 Iraqi troops that
soldiers, it makes me proud to be an
nese, if you overlay the price of oil, the are there already. Both of those num-
American.
I would like to recognize my good price of natural gas, the price of gaso- bers are increasing, and I will tell you
friend from New Mexico, my neighbor line with the demand in China for the that we are hearing already that the
Mr. PEARCE. Mr. PEARCE has also been last 20 years, you would see that the violence in Baghdad itself is beginning
to Iraq on three different occasions. He demand of the Chinese is almost ex- to diminish significantly. Again, we
has seen many of the things that I have actly mirroring, is exactly causing our can take some of the instability that is
been alluding to. I would ask him to high price of gasoline right now. moving out to the outlying provinces if
talk about his perspective of what is There is a compelling fact today; we we first secure the capital, if we can
going on in the global war on ter- heard the same statistics that just a have those essential government func-
rorism. couple years ago the price of gasoline tions that cause the people to believe
Mr. PEARCE. I would just remind was actually $2.47, today it is about that their society is intact, and that
the Members of the Chamber that we $3.29. And, again, the law of supply and even though there are difficulties that
are a part of the Republican Study demand, the Middle East, that OPEC they can get their garbage service,
Committee, thats the RSC here. We group is actually cutting their exports. they can get their water service or
have the Web site, www.house.gov/ They are trimming back their exports. whatever. Those are the underlying
hensarling/rsc. So take a look at the They are cutting the supply. It is driv- factors that we are seeing playing right
things that we are talking about, the ing the price up. It is actually quite now in the troop surge.
things that we all believe in. Its the simple. Our friends on the other side of I think that everyone believes by
conservative arm of the Republican the aisle in charge of governing the Na- September or October, we are going to
Party. tion really should stop and consider know the outcome of the surge. It
I think the first thing that we would these two moving parts, supply and de- doesnt mean we will know the out-
want to talk about is basically what is mand. They have got two hands, maybe come of the battle, it doesnt mean we
happening in Iraq. If the gentleman they could write one on one hand and will know the outcome of the war. But
doesnt mind, I would like to use one of write one on the other hand and try to I think that it is essential that we fund
the charts here. If we take a look at keep them organized, because they our troops, that we quit playing games.
the charts, these are reconstruction make this far more complex than what We have consistently asked our lead-
projects, but also they mirror very it actually is. ers, the majority leaders, if you do not
So what we are doing in Iraq is try- like the war, that is a credible posi-
mstockstill on PROD1PC66 with HOUSE

closely the conflict, the different fights


that are going on. ing to stabilize the Middle East, be- tion. Just come to the floor, have the
If you look at this whole part of the cause I would guarantee everyone in vote about withdrawing the troops. Do
country, this entire section is actually the Chamber that if Iraq fails, if we not play games with the funding. Do
pretty secure. This al-Anbar province leave Iraq, Iraq falls. We were just in not play games with our troops in
out in the west has been the subject of Israel about 2 months ago, and the harms way.

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H5702 CONGRESSIONAL RECORD HOUSE May 23, 2007
But they refuse to have that vote. In- own home country is sitting over here dealing with people who are being
stead, what they do is they put the and playing political games while you forced to go over there. These people
money here and they put conditions. are doing the heavy lifting. volunteered. These men and women are
Now, I know that college football So I have to say to the young men true American heroes, and they know
coaches and pro football coaches get and women that are in harms way to- what their mission is, and they will
fired every day. It is because they be- night that I am hopeful that this tell you they know they are accom-
come too predictable. Their offense is Democratic leadership will finally step plishing that mission. They wonder
too well known. When an offense is up and do what they should do. why what they are accomplishing is
well known, the defense knows exactly Before I yield to the next gentleman, not what they are viewing on American
where to play. Now, our friends on the I wanted to let the American people television. They wonder that a lot, and
other side of the aisle want us to give know what our young men and women they say that to you a lot when you go
our playbook; they want us to put into have been waiting on. In this bill that over there to visit them.
legislation the benchmarks that will we hopefully can pass this week is $8 And so it has been said here tonight
determine if we go or leave, if we come billion for body armor, armored vehi- already, but I think it is very impor-
home from Iraq or if we stay in Iraq. cles, and base security surveillance. In tant that the American people think
And we will tell you, that simply tells other words, these are the things that about this. The Democratic Party in
our opponents where to go to defeat us. would help to keep them safe. Yet we this House and in the Senate is in the
If the benchmarks are in writing, then have to wait 108 days for the Demo- majority. They have a responsibility
that is going to give our playbook to crats to decide that they want to keep now to govern this Nation. They ran on
the opposition. our troops safe. That just isnt right; a campaign that promised what they
We as the American Congress, we as $2.4 billion to help use some new tech- were going to do when they got here to
the United States Congress, owe it to nology and some things that we are govern this Nation. And as we heard in
the men and women in uniform, who learning about IEDs, which is one of the early hour, we do have three dis-
are in harms way, to support our the things over there that has caused tinctive parts of the government. The
troops or to please bring them home. so much damage and death and de- President is one, but this is a coequal
I was in Vietnam at a period of time struction in that country and harmed branch of government with the author-
when the Nation began to turn its back and injured, severely, many of our ity to take charge and be responsible
on its troops. I was in Vietnam at a young men and women. And yet they for what you promise. And if it means
time when they began to play games to the American people what they
have had to wait 108 days for these re-
with the funding. I was in Vietnam think it means to the American people,
sources, for this Democratic Congress,
during the time that Jane Fonda went that we have to get out immediately of
this Democratic leadership, to give
to the North and gave aid and comfort Iraq, they have the authority and the
them the resources that they need.
to the enemy. I will tell you that I Another important piece of this sup- ability to vote to bring our troops
have personal experience that this is plemental is the fact that $2.7 billion is home.
But you see, it is easy to talk about
not the way that we want to treat our allocated for updating our security and
wanting the responsibility, but taking
young men and women who are in our surveillance and our intelligence.
the responsibility becomes very dif-
harms way. Let me tell you, today in Iraq and Af- ficult. In fact, the real story of this de-
So we owe it to our troops to have ghanistan and all around the world, bate that we are having on what should
the vote on the supplemental budget knowing where the bad guys are is a happen is they dont want to take the
that we are discussing tonight, because very important piece of how we defend responsibility because they really, I
the future of our country depends on it. this country and we prosecute the war would hope, in their heart of hearts, re-
But more than that, the lives of our on terrorism. Yet we have had to wait alize that the consequences are dra-
young men and women rest today, 108 days and counting for this leader- matic.
today, on what we do. ship to do the right thing by our young My friend Congressman PEARCE men-
So I yield back to the gentleman men and women. tioned to you, and I think it is
from Texas. I have other comments, It is my honor and privilege now to everybodys opinion that looks at that
but I see we have a lot of people here recognize a fellow Texan, a former map of Iraq, that should the American
tonight. I thank him for the oppor- judge, a good friend, Congressman troops strike their colors and march
tunity to speak and thank him for tak- CARTER from Texas, who has also been home tomorrow, that the southern part
ing his leadership and giving leadership to Iraq. I believe the gentleman has of Iraq falls almost immediately into
to this great subject, because it is the been three times, if I am correct. the hands of the Iranians, because they
right thing for us to do. It is the right Mr. CARTER. That is correct. And I fought a whole war over that issue; and
thing for America to do. It is the right thank the gentleman for yielding. As it only because the Iraqis stood up their
and honorable thing for this Congress turns out, we have got a whole room Armed Forces and fought to a stand-
to do, to give the funding to our troops full of folks here that want to address still that the Iranians didnt take those
or bring them home. Those are the two this issue. But we talked earlier be- southern oil fields. But the Iraqi Army,
choices we have in Congress. And I tween you and our neighbor from New which we are in the process of building
thank the gentleman. Mexico, and we have each been three up, would not be able to do that in to-
Mr. NEUGEBAUER. I thank the gen- times. days life. They are too busy straight-
tleman from New Mexico. He brought a But let me point out that as Con- ening out their own country.
lot of insight to this discussion to- gressman PEARCE pointed out, the men We hear so much about the American
night. There is nothing better than, if and women that are in Iraq today, soldier. And God bless the American
you want to see whats going on, to go most of them are on their fourth rota- soldier. The American troops are doing
to the battlefield yourself. tion over there. Many of those people an outstanding job, but so are the Iraqi
What I was wondering with some of have been there four times, four times troops. And that is the news item that
my colleagues this evening is the for a year, sometimes, or better, each is not out there these days. The Iraqi
Democrats have made our troops sit time theyve been. When we go, we are troops are dying actually at much
and wait for 107 days to see if, in fact, very blessed to be able to go over there, greater numbers than the American
they are going to fund the very re- but generally time is very short and if troops, side by side with the American
sources that they need. And I have got we spend 3 or 4 days in country, we soldier, learning as they go how to
to wonder how demoralizing that has have been there a long time. These sol- fight the kind of war that professional
to be when you get up every morning diers have gone over there voluntarily. soldiers fight. And they are doing a
and you are putting yourself in harms You know, one of the things that I
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good job. And we have to give them the


way for this great Nation of America, think is a misconception that seems to opportunity to finish the job and stand
keeping America safe, and also helping be played out both in our coverage in up their military and stand up their
liberate and begin to bring peace and the media and in the comments that police force.
democracy to another country, and we hear from our colleagues across the And that is what our soldiers tell us
how that must feel to know that your aisle is that they think that we are when they go over there, and they tell

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5703
us that from the corporal or the pri- war, but they dont have the will, and thing that I want to point out, and sev-
vate all the way up to the four-star they dont have the courage to be re- eral of our previous speakers have
general. sponsible for their actions. So instead, talked about this chart. And basically,
And the surge has a purpose. It is they have prevented necessary supplies people say, well, whats going on in
more than just feeding in troops. It is to keep our men and women in combat Iraq? And I think what we hear is the
clearing a neighborhood, and then hav- safe now, for 100 and what days? news media portrays, well, theres a lot
ing the Iraqi troops, along with Ameri- Mr. NEUGEBAUER. Soon to be 108 of fighting going on. But really whats
cans, to hold those neighborhoods until days. been going on in Iraq at the same time
we are able to get this thing done. Mr. CARTER. For 108 days. is some nation building. And what you
I got a phone call last night from see on this chart is over 14,000 projects
b 2130
Fort Hood, actually from a newspaper that have either been completed or are
And you know, al-Anbar Province, in Fort Hood, asking about the fact underway, and as the gentleman re-
when I was over there the second time, they a bad rain out on Nolan Creek, ferred to, as some of these provinces
that was the Wild West. That was the and some people got stranded out for the first time have water. Some of
worst province in Iraq, al-Anbar Prov- there. And, of course, when you are them, for the first time in a long time,
ince. Now the Marines report to us on next to the largest military facility on have electricity.
a daily basis that because the sheiks Earth, the helicopters went out and But lets get down to really talking
who are the tribal leaders of that area, started pulling people off of the roofs. about whats making a difference in
and particularly one sheik whos got And this reporter called and was wor- the lives of the Iraqi people. And for
the vast majority of the tribes in that ried that she had heard that maybe the the first time, young men and women
area, have joined the fight, told their resources were not as available as they are back in school again, and com-
people, when you shoot at an Amer- had been before or wouldnt be as avail- merce is going on in these commu-
ican, you shoot at one of us; join us in able because there were cuts going on nities, and people are being able to live
getting rid of this al-Qaeda thats try- on the post. We had already checked a life thats less fearful of this tyranny
ing to come in here and turn all sides that out with Fort Hood, and that ac- that Saddam Hussein would reign over
against each other to create turmoil in tually was not true of this event. his people. And so 14,000 projects, ei-
our country. And we are having out- But I told her, you know, you are ther completed or underway. And all of
standing success in that area, because from a military community, so we who those green dots, and I know that it
the indigenous population is joining in have a military community know what doesnt show up on the CSPAN that
the fight. happens when the Congress doesnt do well, but this map is dotted with
When an Iraqi hears a pounding on its duty to the military when they projects.
his door and calls the local policeman, have troops in harms way, like in Iraq The other thing that the gentleman
this war is won. But they have lived for and in Afghanistan. brought up, and I think youre going to
a long time under a dictatorship where The Army doesnt leave, or the mili- hear from some of the other speakers
the local policeman was the bad guy. tary doesnt leave their soldiers with- tonight, is that most of the time when
We have changed that. out the gear. What they do is tighten we go to Iraq, we spend some time with
Ask a soldier, what was your mission, their belt back home. And thats hap- the troops. I have meals, almost with
and he will tell you, sir, weve accom- pening now, and its going to get worse every chance we always say to the
plished a whole lot of our mission. Our and worse as this delay continues over military, we want to eat with the
first mission was to go in and take out and over. troops. We want to hear from the
Saddam Hussein, and, sir, we did that. It means training missions could be young men and women that are out
And Im proud to say that the 4th In- in jeopardy. It clearly means that oper- there with boots on the ground whats
fantry Division from Fort Hood, Texas, ations on these large military posts going on.
which is in my district, pulled that ty- around our country have to be reduced. And my most recent trip to Iraq, I
rant out of that hole and started him Expenses have to be cut so that we was sitting with a young man, and it
in a lawful judicial process established keep the people in harms way sup- was one of the last, I think we were in
by a government that the 1st Cavalry plied, because we dont leave our dead Baghdad, and he looked over at me,
Division, which is also from my dis- or wounded on the battlefield, and we and he looked me right in the eye and
trict, helped to defend as they voted, certainly dont leave our fighting sol- he said, Congressman, this is my third
and in a properly impaneled judicial diers on the battlefield without the trip to Iraq. He said, nobody has more
process we took care of Saddam Hus- equipment it takes to do the fight. invested in this effort than me. Would
sein. Thats part of our mission. Mis- And so the Army, the Navy, the Air I like to be home with my family? Ab-
sion accomplished. Force, the Marines and the Coast solutely. But, Congressman, go back
The second mission was to help re- Guard will all be contributing from and tell your colleagues, please let us
build the Iraqi people. And if you look home to the war zone until this Con- finish this job. We are winning. We are
at that map at the number of projects gress does its duty. And I think it making a difference. And it would be a
that were working on currently, and brings shame to know that those folks true shame for us to leave this job un-
then you have a young soldier say, you back home just came back from their done and to let the Iraqi people down.
know, sir, they reported last week that fourth rotation, and their resources The other thing, and the gentleman
they killed an American soldier, what they are counting on for their year alluded to, was the fact that now weve
they didnt report is that we got water back home are being cut back. Theyre been hearing that tens of thousands of
for the first time almost in the history doing it willingly, but they are being calls are coming in now to the security
of this country to a village of 400 peo- cut back so they can supply their fel- forces of people in the neighborhoods
ple that never had water, because low men and women in arms over in saying, theres some bad folks roaming
thats not a big fancy news item for Iraq, in Afghanistan. in our neighborhood. Theyre trying to
The New York Times and the Wash- This is a crisis that people dont real- do bad things; theyre trying to harm
ington Post. But that is a very, very ize the strain were putting on our sol- us. And so theyre turning in the bad
important news item for the 300 people diers. And then to constantly tell people. So the Iraqi people are buying
who had to pack their water in small them, like the leader, the Democrat into the fact that this is their country.
jugs to have drinking water, that we leader in the Senate, this war is lost; They have a responsibility. Theyre
got water, drinkable water, usable and those soldiers are looking around standing up the troops.
water to those people in the desert and saying, what war is he talking One of the interesting things the gen-
tleman talked about the fact that
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community. This is the kind of thing about? Wheres he see the loss? We
that changes the future of Iraq. If we havent lost. Were winning this war. were standing up an Iraqi Army. Every
pull out of Iraq, we create disaster. Thats what the people who are there once in a while, and we know its un-
Now, as I pointed out, the Democrats are saying. Give those folks a chance. fortunately, but our suicide bombers
have an opportunity to do what they Mr. NEUGEBAUER. Well, I thank the will bomb a recruitment area. And the
promised everybody to do and stop this gentleman. And you alluded to some- next day, what shows up at that same

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H5704 CONGRESSIONAL RECORD HOUSE May 23, 2007
site but more recruits because they cut, and in-the-air intelligence, which way forward. Its what the American
went their country back. they want to move to study global people wanted. Its what the Congress
Theyve had a number of elections, warming, so that we can make sure wanted. And our combatant com-
and so the fact that now that the that our soldiers, our American citi- manders responded to that. And we put
sheiks, and not just the sheiks but the zens in harms way, have the security in place the highest-ranking four-star
people in the communities are getting of good intelligence. But theres a vote general on the ground in Iraq, General
engaged in this process, and what were that we took. We tried to fix that, and David Petraeus, who wrote the manual
hearing is that now these leads are that fix was voted down. And so now we 6 months before on counterterrorism
turning into being able to not only get have an intelligence bill that has a big and knew and knows.
the bad guys, but get their weapons. chunk of it set aside for global warm- b 2145
And hundreds of thousands of pounds of ing.
ammunition has been seized because of Meanwhile, it was discovered when And it wasnt just his plan, but it was
these tips that were not getting from we had the debate that there are 13 a plan that was worked out in com-
our soldiers, but from the people in agencies in this government studying bination with the Iraqi Government,
Iraq. global warming right now. And why with Prime Minister Maliki, and it
I believe the gentleman from New does our Intelligence Community have called for essentially all of the things
Mexico wanted to make a comment to study global warming at this point that the Iraq Study Group asked for.
about that. in time when American soldiers, sail- That report, Mr. Speaker, was a bipar-
Mr. PEARCE. I would. And I thank ors, airmen, marines and coastguards- tisan report chaired by two very distin-
the gentleman. As hes talking about men are at war? Thats a question that guished political public servants, the
this new willingness of Iraqis to report the American people ought to ask Honorable Jim Baker, Republican, the
suspicious behavior, I would remind my themselves. Honorable Lee Hamilton, a long-term
colleagues that it was our bill, my bill Mr. NEUGEBAUER. And the gentle- member from Indiana, a Democrat, and
that was introduced, that simply said mans correct. In fact, the money that this is exactly what the President tried
that you cannot be sued in American was taken out to fund the studying of to do. And yet the Democratic new ma-
courts for reporting suspicious behav- global warming and intelligence was jority wanted to insist on these bench-
ior, that you cannot be terrorized in taken out of some of our more crucial marks that werent really performance
our own courts of law for reporting the intelligence areas, the intelligence benchmarks but they included a time-
same sort of behavior that youre talk- thats used to help our young men and table, a timeline, for giving up no mat-
ing about being reported in Iraq cre- women in the battlefield know where ter what the circumstances on the
ating stable responses, stability in the the bad guys are before the bad guys ground were. And the worst and most
country. know where they are. So that just egregious of those, my colleagues, was
And yet, we had 121 of our Democrat doesnt make sense. to say that in August of 2008, just a lit-
colleagues vote against that legisla- Were joined by some additional col- tle more than a year from now, that no
tion. They voted with the terrorists to leagues this evening, and certainly my matter what was happening in Iraq,
say, you can sue Americans in court good friend from Georgia, Congressman even if it got like when Andrew Jack-
for reporting suspicious behavior. I GINGREY, hes another Member thats son had the British running down the
think that shows the difference be- been to Iraq three times. That seems to Mississippi to the Gulf of Mexico, as
tween the Republicans in this Con- be the theme tonight. And Im pleased the song goes, even if we were in that
gress. All Republicans voted with the to yield to the gentleman from Geor- situation, winning this battle, in Au-
American citizens to limit those capa- gia. gust of 2008, this Democratic majority
bilities. But the difference between the Mr. GINGREY. I thank my friend and wanted to blow the whistle and bring
Republicans and Democrats is that the classmate from Texas, Representative the troops home.
Democrats are still soft on security. NEUGEBAUER, and, of course, Mr. And I am telling you at this par-
Theyre soft on terrorism, and theyre Speaker, I am very pleased to be here ticular time, as we approach the Me-
soft on funding the troops who are on the floor this evening with our col- morial Day weekend, what kind of mes-
fighting the battle. leagues and my classmate, Representa- sage does that send to those who have
And I just wanted to, your comments tive PEARCE of New Mexico and Judge given the last full measure of devotion
about the Iraqis now turning in evi- JOHN CARTER from Texas. And youll in this war, and in any war, while the
dence, bringing those actions to our at- hear soon from another classmate of Democratic majority tries to get the
tention, caused me to remember that ours from Iowa, Representative STEVE last full ounce of political blood on the
bill on the floor of the House where we KING, and, of course, a new Member, floor of this House? It is shameful, Mr.
actually had a vote here, and the but a very experienced one, TIM Speaker and my colleagues.
Democrats voted, 121 of them, to let WALBERG from Michigan. Every one of us have gone to some fu-
terrorists sue us in our own courts. Its an honor to be with them, Mr. nerals in our districts. And I stand here
Id yield back to the gentleman. Speaker, tonight, because this is a tonight and I think about the Saylor
Mr. CARTER. If the gentleman would time really of victory for our men and family, Paul, their son, 22 years old
yield just a moment. women who are the patriots fighting from Breman, Georgia. I think about
Mr. NEUGEBAUER. I would yield to this war in the Middle East. Its not a young Justine Johnson, another 22-
the gentleman from Texas. time for bragging, and were not here year-old from Armuchee, Georgia, up
Mr. CARTER. Hearing my colleague to stick our finger in the eye of the in Floyd County. I think about the
from New Mexico reminds me of an- Democrats and say, you know, you former president of my student body at
other vote that was taken on the floor were wrong, you were wrong all along, my alma mater, the Georgia Institute
of this House that had to do with our and finally, after 107 days, you have ad- of Technology, who 2 years after serv-
intelligence for our United States mili- mitted you were wrong, and we have ing as student body president at that
tary. And in the bill, the Democrat won this argument. great institution, that first lieutenant
Party had diverted millions of dollars Actually, Mr. Speaker, its been a gave his life in Iraq, shot down by a
to take our Intelligence Community tremendous loss for the country to go sniper while leading his troops. I think
and have them study global warming. I 107 days, or whatever it is, from the about Command Master Sergeant Eric
have this vision of one of our spy sat- time the President asked for the Cooke, who served 30 years in the mili-
ellites being relocated over the North money that the Department of Defense tary, multiple deployments at the tip
Pole to check on the polar bears that has requested to continue to conduct of the spear, and on Christmas Eve,
2003, my first trip to Iraq, one day after
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was sitting over Baghdad checking on this war for the rest of this fiscal year,
the terrorists. 2007, the $100 billion with no strings at- I met him and gave him some books
I think the American people want tached, Mr. Speaker. and school supplies for the Iraqi chil-
our American soldiers, sailors, airmen, The Commander in Chief and the dren; he promised to deliver them, but,
marines and coastguardsmen to have combatant commanders in the field unfortunately, he took that right seat
on the ground intelligence, which they and General Petraeus brought us a new in a Humvee so that one of his troops

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5705
could stay home and call his wife and Democrats do begin to deliver to our wife alongside several times, and I have
his family and talk to his loved ones on young men and women the resources met these troops, these fallen warrior
Christmas Eve. And Command Master they need so that when we do go home heroes. I have prayed at their bedside.
Sergeant Eric Cooke gave his life one for this Memorial Day, we can cele- I have thanked them. I have had the
evening when that Humvee went over brate the sacrifices of the many that opportunity to hear from them: Mr.
an improvised explosive device. have gone before, that we can do it Congressman, dont thank us. It was a
In the history of this country, we are with our heads held high that we have privilege to serve. Dont thank me,
about to honor those who have given taken care of our part of the business. though I appreciate your being here,
their lives on Memorial Day, the last I am pleased to be joined by a new but I want you to go back and tell your
Monday in May. And at that time I Member of Congress from Michigan, colleagues that we would appreciate
think about and I want my colleagues someone who has a number of military their unquestioning support, that they
to think back to World War I when Dr. bases in his district, who also has would stand with us, that they would
McCrae wrote that poem In Flanders taken a keen interest in the Walter encourage us, that they would support
Fields. I am not going to try to quote Reed issue and making sure that when us with the necessary resources, both
the poem, although it is a very short our young men and women get injured armaments and financial resources, to
poem, but the last stanza basically that they get 21st century care. So I complete this passion that we have, to
says dont forget it us. Just dont for- am pleased to yield to the gentleman stand for the defense not only of Iraq
get us. We fought the battle. Whatever from Michigan, Congressman WALBERG. and its citizens who long to be free, but
the cause, you may not agree with it, Mr. WALBERG. Mr. Speaker, I thank
stand for our fellow citizens at home so
but dont forget us. the gentleman from Texas for yielding.
Mr. Speaker, it is a privilege to stand we dont have to fight this war on our
And I think that is why we felt so home turf as well. They understand
with men here who have served with
strong. I commend this President for this.
distinction and consistency on this
vetoing bad bills that would forget the I dont understand why many of my
issue and the most important issue, as
troops and would let them die in vain. colleagues, whom I respect highly, yet
I understand it, as a new Member of
So it is an honor to be here tonight dont seem to understand, on the other
Congress, taking that oath of office for
to say thank you maybe to the Demo- side of the aisle, that we are fighting so
the first time on January 4 to uphold
cratic majority for finally coming to it doesnt come home here as well.
the Constitution of the United States,
your senses and letting the combatant I have also had, and I call it a dis-
which gives us the primary responsi-
commanders and the Commander in tinct honor, though difficult as well, to
bility, number one responsibility, for
Chief fight the war. Certainly we could speak to families who are now dealing
security and defense of this great Na-
talk about policy and we can talk with the impact of the war. I think of
tion not only for its people but for the
about funding but not with strings at- Travis Webb from Adrian, Michigan,
impact that this Nation has given and
tached. Lets give victory a chance. who is still at Walter Reed, who came
continues to give worldwide.
And I think we have an absolute We are the greatest bastion of hope home missing two legs but not missing
chance, as my colleagues pointed out, for liberty, for individualism, for op- his heart, and still with a passion for
and some of the progress is being made. portunity. And for us to be now in an his comrades back in the field and ex-
The news media, of course, doesnt re- arena that, frankly, with my col- pressing the desire that we stand firm
port good news. Good news is an leagues I cant say that I have been with them, thanking him and hearing
oxymoron, isnt it? So they dont talk there yet. I look forward to being over him say I wish I could go back.
about that. But thank you, colleagues, in the arena of this war and having the Just a week ago, I called the mother
for letting me come tonight and talk opportunity to sit with our heroes, our of Daniel Courneya of Vermontville,
about this. warriors over there who understand the Michigan, and expressed my sincere
I know if the troops are watching process. I look forward to that experi- sympathy to her. Her son has not come
over in Iraq and Afghanistan, I think ence to be able to hear directly from home alive. He along with three other
they are very proud that the Congress them in the field. But until that time, of his fellow troops were killed with an
is supporting them and we are not I have to resort to memories, including IED explosion, and three of his troops
going to pull the rug out from under a memory my wife and I will never for- are still missing. We have read about
them. get in sitting on the parade grounds in them in the media. And we pray for
With that, I want to yield back to my Fort Knox, Kentucky, watching my son their safe return. We know also that
colleague from Texas, Mr. graduate with the rest of the young re- they have given their service for a
NEUGEBAUER. I know there are a couple cruits, troops that volunteered, all vol- cause. And I will be at the funeral of
of other speakers and I thank the gen- unteers to serve their country, all of Daniel Courneya this coming Friday,
tleman for giving me the time. whom understood that in signing up for in fact 2 days from now, and will stand
Mr. NEUGEBAUER. Mr. Speaker, I this austere and wonderful choice of proudly and yet humbly, recognizing
thank the gentleman. patriotism, yet also put their lives on the sacrifice that they have given for a
And he brings a point that many of the line potentially. cause greater than all of us even on
us have had to experience, and that is And I will never forget watching my this floor tonight.
to make that call of condolence to a son, who had changed before my eyes Mr. Speaker, 108 days ago, on Feb-
mom or a dad or to a wife. during the course of the past number of ruary 5, President Bush requested from
And I thought it was interesting, one weeks at Fort Knox, and had become a Congress funding for our troops in Iraq.
of the previous speakers talked about man with an understanding, as he was And even though current funding for
being in the majority means you lead. preparing to be a combat medic. That our troops is set to expire at the end of
And, in fact, we have gone 107 days was unique. And meeting with his fel- May, and I say this as a new Member
without the much-needed resources for low soldiers and understanding that and I guess I say it as a Member that
our young men and women, and it took they had a purpose in mind, what an doubts until I actually see the bill in
the Republicans having to write to the encouraging thing that was. front of me to vote on, this funding is
Speaker of the House and saying it is And now to look back on that and re- set to expire at the end of May. The
going to be hard for us to go back home alize that not only have numerous of new leadership in the House of Rep-
and talk about memorializing the sac- his fellow comrades gone to the arena, resentatives has yet to put in front of
rifice our young men and women have some who have come home with the me a bill that even comes close to
made in the past when we arent even impact of that time on their life never properly financing the troops. And I
funding the troops of today. So we said to leave them. Others have not come say that saying until proven otherwise,
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we are not willing to go back on a re- home alive and have given the supreme it hasnt been in front of me to vote
cess for Memorial Day without taking sacrifice. We would do well to honor yet, and that is a shame.
care of the business of supporting our them not only by our words but by our Our American commanders need an
troops. actions. opportunity to implement the new
And I am hopeful that tomorrow, and I have stood at Walter Reed Hospital strategy. We are handcuffing our gen-
certainly before we adjourn, that the on numerous occasions now, with my erals on the front line. That is not the

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H5706 CONGRESSIONAL RECORD HOUSE May 23, 2007
way it ought to be. New House leader- by the Senate, a chance to fully imple- tleman from Iowa Mr. KING, who I
ship first introduced a bill in March ment the new strategy instead of know has been to Iraq on a number of
that not only micromanaged the troops telegraphing surrender to terrorists. occasions, and I am pleased that he has
but also contained millions of dollars In the Anbar Province, one of the joined us this evening and would yield
of unrelated pork-barrel projects to most dangerous areas in Iraq, violent to the gentleman.
buy a few votes for bad legislation. crime is dropping, and 20 of 22 tribal Mr. KING of Iowa. I thank the gen-
That is not what I understood that I leaders of that area now support the tleman from Texas for organizing this
signed up for in supporting our troops U.S. and Iraqi forces against al Qaeda. Special Order and each of the Members
and protecting and defending this great Granted, the level of violence remains of Congress who came down here to the
country. high, and the hot spots are numerous, floor to stand up for our he brave men
and many challenges persist. But the and women who defend our freedom.
b 2200 wounded soldiers Ive met at Walter And I know you will be there when
The bill was a salad bar of egregious Reed and Bethesda deserve our support. they need you.
earmarks: $25 million for payments to They have indicated that our Armed I just would add a few pieces to this,
spinach producers; $120 million to Forces can secure Iraq enough so that as I have listened to the dialogue that
shrimp industries, $74 million for pea- an Iraqi Government and a security has gone on here tonight, and one of
nut storage; $5 million for shellfish, force there can take over. them is that we all have constitutional
oyster and clam producers are just a Time is running out. Congress needs responsibilities. And 435 of us come
few examples. And again, as a new to move past political posturing and down here to this floor, and we take an
Member of Congress, I couldnt believe partisanship and allow the men and oath together to uphold this Constitu-
that, that we were dealing with that women serving in Iraq the opportunity tion of the United States. Now, you
type of funding with a war going on. to crush the terrorists in the Middle would think that would mean some-
This bill was rightfully vetoed. In re- East so our families will have a more thing to everyone, So help us God.
sponse, House leadership scrambled, secure future here at home. And by the way, I bring my Bible
and now we see supposedly that there I want us to win this war. There are here to make sure that I am swearing
is a bill before us. only two options, as we mentioned to- on a Bible at the time. But I also carry
I heard my colleague, the gentleman night already, only two options: One, with me this Constitution. And you
from Georgia, express appreciation victory; and the other, defeat. I do not dont have to be a constitutional schol-
that we have a bill now that we can believe that Americans countenance, ar to read this, you can read it pretty
vote on that will fund our troops. But by and large, the option of defeat. well with a sixth- or eighth-grade edu-
again, I havent voted on it yet. And so I am asking my fellow Members of cation. But what it says in here is Con-
I say, let it come before us. No wonder Congress, those that I am proud to
gress has three responsibilities when it
this body, this Congress, this great stand with here on the floor tonight, as
comes to war. One of them is to declare
symbol of American freedom has a 29 well as those who have wavered and
war, which we havent done since
percent approval rating, when we mess waffled at times, to buck up. FDR
World War II. The second one is to
around with the lives of our troops and called our America to a strength of
raise an Army and a Navy and, by im-
the freedom of our citizens. sacrifice together, to win a war as
plication, an Air Force. And the third
House leadership seems to have fi- brave people that sustain this great
one is to fund it.
nally relented, and hopefully has de- world as well. We, as well, have the
And, yes, there are conditions in
cided to provide the necessary funding privilege tonight, as Members of Con-
there that allow us to regulate some
for our brave men and women. I am gress, to call our Nation by first stand-
things that go on within the military,
glad to hear that we will put aside any ing together, calling them to sacrifice
like how theyre going to run their
plans to go on break until a clean fund- in support of our troops, calling them
military courts and how we are going
ing bill will pass, and I trust that that to bravery and courage in standing for
to do promotions and things of that na-
will take place tomorrow, to support this country, calling them to one deci-
ture, but there is no provision in this
our men and women in combat. Our sion, and that being the decision for
victory. Constitution for micromanaging a war
troops deserve this respect. or for being a general if youre in the
Memorial Day is upon us. I will expe-
Recently, the Iraqi Government, United States Congress. In fact, the ex-
rience this Memorial Day like I have
after complaints from myself and other perience that our Founding Fathers
experienced no other Memorial Day,
Members of Congress, decided to forego had with the Continental Congress and
because I have stood next to these
its plans for a 2-month summer recess wounded heroes. I have defended these the Continental Army brought them to
so important decisions such as the de- brave troops. I have spoken with them. draft into this Constitution the office
velopment and distribution of Iraqs oil I have had family members, including of Commander in Chief because they
and how to deal properly with sec- my son, sign up to do that brave duty. wanted to avoid the very cir-
tarian violence can be made and laws And I will say to the troops who may cumstances that we are fighting off
can be passed. hear us tonight, God bless you. We here in this Congress.
This Congress similarly has decided stand with you, and we will support So if anyone thinks they ought to be
not to go home for more than a week you. a general, they ought to be in the mili-
and leave our troops in limbo until we Mr. NEUGEBAUER. I thank the gen- tary to do so. You cant be a general
finish this job. We have to stay here tleman. And as the gentleman has said, here from Congress. Your job is to be a
and finish our job so our brave troops, he has been to Walter Reed with his generalist, someone who stands up for
our men and women in uniform, can wife; I have, also. And I think about this Constitution, and someone who ad-
finish theirs. one time I went and I was there with a heres to your oath to uphold this Con-
House leadership needs to allow soldier that had gotten a new pros- stitution. That means maybe on a very
Members to vote as early as possible thesis. He had lost part of his leg. And sad day we may someday be obligated
tomorrow on a clean bill, devoid of he said he was so proud of it. He said, to declare a war.
wasteful, nonmilitary spending. We Congressman, this is state-of-the-art, Lets keep raising the Army and the
need a bill that doesnt handcuff our and Im going to be able to walk again, Navy and the Air Force, and lets keep
generals, but instead gives our troops and do you know what I want to do? I funding our military men and women
the resources they need. Setting said, what do you want to do? He said, that are out there in harms way with
timelines on American involvement in I want to go back and be with my bud- their lives on the line for our freedom.
Iraq is good policy, but not publicly in dies and finish the job that I went to That is the constitutional responsi-
front of our enemies. Our military
mstockstill on PROD1PC66 with HOUSE

do. bility.
commanders need to have control of Those are the kind of men and As I look back through the history of
the situation, and not the terrorists. women that Im going to be celebrating this country, I find no place where we
The Congress needs to give General during this Memorial Day weekend. have come to a constitutional chal-
David Petraeus, the new Commander in I am proud to see that a great Mem- lenge where the President had to make
Iraq, who was confirmed unanimously ber of Congress from Iowa, the gen- a decision to veto a funding bill and

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5707
have to face a veto override, which ev- tunately risen up as another signifi- ferent grocery stores throughout my
eryone knew was not going to pass, and cant problem that I think that we are district. This past week I was at a gro-
now held the line. And I am really glad very unhappy about right now, and cery store in Edgewater, Colorado, and
that it isnt coming down to the line that, of course, as everyone who has the number one topic was the price of
where we are mothballing some of the filled up their tank lately knows, is gas gas. Usually it has been Iraq, and we
development of our military equipment prices. certainly are going to talk about Iraq
just so we can play this political game I am from Florida, the 22nd District, tonight, but the number one conversa-
out here. Thats not our job. which is parts of Broward and Palm tion was about the price of gas. And
Even if you go back to the Vietnam Beach Counties in southeast Florida. It people were saying, look, we under-
War, the President signed the appro- is fascinating to me because I have stand that on a per-barrel basis, its
priation bills that took the military watched gas go up and down and up and down, the cost is down, the price is
out of North and South Vietnam, Laos down over the years, and Congress has down. Why is the cost at the pump up?
and Cambodia, out of the skies over never seemed to have the backbone, if And, you know, we have excuses. The
them and out of the seas around them you will, the President and this admin- excuses this time, Mr. KLEIN, have
and said not 1 dollar will be spent in istration hasnt shown much interest been, well, we just needed to clean the
support of the military effort of the in dealing with gas prices. Maybe its refineries. They clean the refineries
South Vietnamese and defending them because of the backbone of some of the right at the beginning of the summer
themselves. And there are 3 million people of the administration, or maybe travel season because by restricting
lives that paid in the aftermath of our not; but the bottom line is that we the supply, you drive up the price, and
lack of keeping our promise with the have a situation now where gas prices we cant have that anymore. We cant
South Vietnamese. in my area are at about an average of have our people being gouged in this
That is on the conscience of the peo- $3.25 a gallon, and as much as $3.59 a country by manipulation of the market
ple of this Congress that didnt adhere gallon. in that fashion.
to this Constitution. We dont need We understand what this means. This
is a real problem for consumers, it is a b 2215
that on our conscience, and we dont
need the enemy of Iran with a nuclear real problem for our businesses. Wheth- What we are seeing is too few compa-
weapon in their hands on the control of er you have transportation, whether nies controlling too critical an item, a
the valve at the Straits of Hormuz, your personal transportation to and commodity, like gasoline, and that is
where they control the economy of the from work or the shipping of goods to what that price gouging bill was all
world as well as the development of the and from a location, this is something about today. So I can assure you in
military within themselves. They can that is beginning to affect our econ- Colorado, it is a major topic of con-
omy. versation, and people want to see a
buy as many nuclear scientists as they
And I think I am going to throw it change, and we are bringing that
want if they can just put their hands
over to my colleagues here, but I just change to them by the bill we passed
on the valve of the oil that goes to the want to throw out a few rhetorical
world. today and the direction we are taking
questions, because every time we go this Congress.
So that is where the problem is. We
through this and the price spikes, we With that, Mr. KLINE, I would like to
must succeed. There is far more at
hear excuses. You know, last time the turn it over to my friend from
stake than the people on the other side excuse was we had a hurricane called
of the aisle understand or will admit. Vermont, who always has something to
Katrina, and it shut down refineries. say on any topic, but particularly I
I will yield back to the gentleman
No hurricane this time. Last time we know he has something to say today on
who organized this Special Order, Mr.
heard there is a disruption in the oil this gasoline price gouging.
NEUGEBAUER of Texas, and thank him deliveries out of the Middle East. No
for organizing this meeting. Mr. WELCH of Vermont. Thank you,
disruption. Last time we heard, well, Mr. PERLMUTTER. The gas issue, obvi-
Mr. NEUGEBAUER. I am also
there is a summer spike because of de- ously the price going way up is hitting
pleased that another colleague and a mand during the summertime. Its
fellow Texan has joined us this people pretty hard. But it is a real met-
May, no summertime. What is the ex- aphor in my view for the two econo-
evening, Congressman BURGESS. cuse? What is the bottom line?
f mies we are seeing emerge in this coun-
What I am so pleased about is the
try. We are at a time now where the
PRICE OF GASOLINE fact that our freshman class, along
stock market has never been higher.
with a more senior Member, Mr. STU-
The SPEAKER pro tempore (Mr. People who have significant assets
PAK, took on this issue this year and
COURTNEY). Under the Speakers an- have never been doing better. Large
passed today, out of this Congress, in a
nounced policy of January 18, 2007, the bipartisan way, I am very proud to say corporations are making record profits.
gentleman from Florida (Mr. KLEIN) is that all the Democrats and I think 70 Executives, CEOs at large corpora-
recognized for 60 minutes. or 80 Republicans, I think, joined us tions, have never gotten better and
Mr. KLEIN of Florida. Mr. Speaker, and passed something called the Fed- sweeter pay packages.
it is a pleasure and an honor to be here eral Price Gouging Prevention Act. But the vast majority of Americans
tonight with the Members of the fresh- The purpose of this act is to allow the are finding that their wages are stag-
man class. All of us were elected this FTC, the Federal Trade Commission, to nant, and the prices of things that they
past November with great ideas go in with some teeth and enforcement need, daycare, gasoline to get to and
brought to us by the people that we authority, to go in and investigate from work, to and from daycare, gro-
represent; lots of good suggestions on whats wrong. If the price of oil per ceries, those things are going up and
how to solve some of the problems that barrel is the same or even less than it concealing this so-called tame infla-
our country, of course some of them was last year at this time, how could tion.
are overseas and some of them are gas prices be so much higher? And all So what we are having in this coun-
home, but the great news is all of them the commonsense things that we know. try is the emergence of two economies,
are solvable. Every problem that we What I am going to do is I am going and our goal here in Congress is to
have in this country is something that to introduce each one of you, and I am start having a Congress that stands up
there is a solution to. And it typically going to ask you all, I know you all and represents the needs and aspira-
requires good faith, working together, have your own perspectives and some tions of average folks. We give them a
Democrats and Republicans, Independ- thoughts on this. I am going to start leg up.
ents, people of good minds and good out with Congressman PERLMUTTER Every time the price of gasoline goes
up about 10 cents, that is like a $16 bil-
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faith, to solve the problems. from Colorado. Please give us your


Tonight we are going to start out our thoughts. lion hit on the consumer in this coun-
conversation as the freshman class Mr. PERLMUTTER. Thank you, Mr. try. So you think about it. We have got
with something that all of us came to KLEIN. a chart over here that shows gas prices
this Congress to talk about and to Every other Saturday I have a gov- going up, really doubling during the
work on and to solve. And it has unfor- ernment at the grocery. I visit dif- presidency of George Bush. But just

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H5708 CONGRESSIONAL RECORD HOUSE May 23, 2007
take a $1 increase in the price of gaso- pharmaceutical industry, the same class, certainly proud to be a member
line, that is like $160 billion tax in- could be said for multimillionaires, as alongside my friend from Iowa, Mr.
crease that all comes out of the pock- was the case for the oil companies. BRUCE BRALEY, who I will turn the
ets of working Americans, the people If you probably turned on the tele- microphone over to at this point.
who can afford it the least. vision and you watched people get up Mr. BRALEY of Iowa. Mr. Speaker, I
You look back at the last couple of here on the other side of the aisle for thank my friend from Connecticut. I
years, what has happened when we the last several years, you probably am just a simple country lawyer from
have been talking about the oil indus- heard them say a lot things like we are Iowa, which is the center of the renew-
try are a couple of things. Number one, saying. You probably heard them com- able fuels explosion. I dont think I
there has been very favorable legisla- plain about gas prices. You probably have ever used a six syllable word, so I
tion that has benefited the oil compa- heard them say that they were going to feel a little inadequate.
nies. At a time when the oil companies do something about it. Mr. MURPHY of Connecticut. I think
had record profits, $125 billion over 3 Well, they didnt. They didnt do a you get locked up in Iowa if you do
years, $125 billion over 3 years, at that single thing about it, and we see the that.
time not our Congress, but the Con- evidence of it today. Gas prices spi- Mr. WELCH of Vermont. I think peo-
gress that preceded us, the Republican raling higher and higher. Mr. ple are making fun of me.
Congress, gave tax breaks to the oil PERLMUTTER is going to show a chart Mr. BRALEY of Iowa. Here is a three
companies. The mature and very prof- here which shows the average price of a syllable world I will throw out right
gallon today pretty soon. You are now: Paradox. Right now it is planting
itable industry got $13 billion out of
going to see the average price for today season in Iowa, and farmers are going
taxpayer funds on top of the record
is on an 812 by 11 piece of paper sort of out and growing renewable energy, so
profits they had received.
What we have done here is try to precariously stuck on to the poster that we can become energy inde-
change the rules of the game and say pendent, we can reduce our dependence
board. Why? Because, guess what? It
that there has got to be a cop on the on Mideast oil, we can promote na-
moves every single day. We have to
tional security, we can promote eco-
beat. It doesnt make sense for the change that piece of paper on that
nomic security, we can provide jobs,
prices to be going up on gasoline when chart every day as the price goes high-
good paying jobs, to the people of this
we have seen the price of a barrel of oil er and higher and higher.
country.
go down and we havent seen an in- So what happened when a bunch of us
Yet, at the same time, while those
crease in the demand, so that the laws went out there and decided that we
Iowa farmers are out there driving
of supply and demand are really being were going to come to Washington to around in their pickup trucks, getting
thwarted by the oligopolistic power of try to change the priorities here, do deliveries from their co-ops for their
the very few oil companies that are what Mr. WELCH said, which is finally crop inputs, the cost of producing re-
able to manage the price and inflate put regular middle-class folks, work- newable fuels is directly impacted by
their profits. ing-class folks in charge of government what you see on that chart. Whether it
What we are doing is first taking again, was that we started matching is gasoline in the pickup truck, wheth-
back those tax breaks that went to big action with words. er it is diesel fuel that is affected by
oil. We did that earlier on this year, We are going to get up here and talk periodic price influxes, one thing we
hoping our friends on the Senate side about how gas prices are hurting reg- know is that the cost of getting energy
join us. But, secondly, we are saying ular Americans, how they have less and independence goes up. And is it any
that the Federal Trade Commission less ability to spend money on other wonder when we look at who we are
should be active and aggressive in an- family needs, but then we are going to shifting our dependence from, people
swering these questions on behalf of go and do something about it. We who create energy from fossil fuels,
the American consumer. started with the price gouging legisla- and look at who is going to benefit
Every 10 cents, $16 billion, that is a tion. We are going to take on some from these record oil company profits,
tax increase right out of the pockets of pretty important legislation to end the that many of us campaigned on and
working Americans. Our responsibility antitrust exemptions for OPEC and made the case to the American people,
to the American people is to make sure international oil cartels. give us a chance to have an impact.
that consumers are protected so they Then we are going to take on the big That is why I was very proud to be a
are not getting ripped off. It is that enchilada. We are going to start mak- cosponsor of Representative STUPAKs
simple. They need to keep that money ing this country energy independent. bill. This whole Congress has been
in their pocket and not just be subject We know that is a triple whammy. about increased accountability, in-
to the abuse of the monopoly power That is about gas prices and energy creased oversight, because that is what
really of big oil. prices, it is about making energy more the American people demanded when
So, that is a little perspective from affordable for people, that is about they sent us to Congress.
Vermont. I will turn it over to my col- cleaning up our environment, and it is Yet every day in these oversight
league from Connecticut, Representa- also about national security. hearings we are talking about impor-
tive MURPHY. That is what happened here for a tant problems that the people demand
Mr. MURPHY of Connecticut. Thank long time, was that the inaction wasnt solutions to. We take important votes
you very much, Mr. WELCH. I just want just about trying to stem the bleeding on progressive bills that are going to
to point out to the Speaker and the in one particular summer, it was about change the direction of this country.
Chamber that Mr. WELCH just used a avoiding a problem that could have And every day we get the same mes-
word with six syllables in it, oligop- been solved 5, 10 years ago, if they had sage from the White House: If you pass
olistic. We have freshmen that are cou- started doing the things that we are this bill that is good for the American
rageous, we have freshmen to take on about to do to invest in alternative and people, I wont sign it.
big industry, but we also have some renewable energy. A good example of that. The first bill
pretty smart freshmen too in this case. So I am so proud to stand here with I had to be voted on on the floor of the
So I dont want that to go unnoticed. members of the freshman class, be- House of Representatives, the Small
Mr. WELCH, lets call it for what it cause we can stand here and talk about Business Fairness in Contracting Act.
was. For a long time this Congress was what we want to do to start trans- It sounds pretty good. It sounds con-
run by the oil industry. Whatever they forming this society back so that the sistent with the Presidents statement
asked for, they got here. It was sort of priorities of regular middle-class on the importance of creating fair con-
a sense that if you did really, really Americans matter again. But we also tracting opportunities for small busi-
well in this economy and you came and nesses in 2002. Overwhelming bipar-
mstockstill on PROD1PC66 with HOUSE

need to do something about it.


asked for something from this Con- We also get to stand here and cast tisan support in committee. Everybody
gress, then they were going to give it some votes that have not been cast in voted for it. Overwhelming bipartisan
to you. You were going to be rewarded, this Congress for a very long time, and support here on the floor. 409 people
in essence, for coming out on top of the that is what makes me especially voted for it. Yet the President said it
heap. The same could be said for the proud to be a member of this freshman was a bad bill.

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5709
That is a symptom of the greater Mr. BRALEY of Iowa. If the gen- Also we are going to stop funding
problem we are talking about. It is an tleman will yield for a question, the ar- both sides of the war on terror.
interrelated problem, whether you are gument we hear over and over in this We need to talk about the war in
talking about energy, whether you are body is just let the market play out. Iraq. We will be voting tomorrow on
talking about ethics. That is why we Let it take its course. What is wrong supplemental funding to the President
are here tonight, to start shedding with that argument? that will keep him on a short leash
some light on the important point of Mr. KLEIN of Florida. Well, I think through September to see exactly
where the buck stops on the problems it is fairly clear. Unfortunately, what where we are going with this war.
we are talking about. has happened in this industry is there We have asked for a timeline. The
I yield back on that to my distin- is a consolidation. Do you remember President has rejected. He vetoed it.
guished friend from the great State of there was a term a number of years ago We have set benchmarks. He doesnt
Florida, which, unfortunately, entered called the seven sisters? That was a like those; but apparently, based on
the Union right before the State of term many years ago talking about conversations we have seen in the
Iowa, Mr. KLINE. large oil companies. Well, there has paper, he may accept benchmarks. We
Mr. KLINE of Florida. But whos been big consolidation with multi- need to see what is happening.
keeping track? national oil companies that obviously We had a briefing today from General
I think everyone in the room here have lots of different people that are Pace and from Secretary Gates and
sees that there is some good logic, tending to their interests. And at this Ambassador Negroponte. The best they
some common sense, that is being ap- point in time, if you look in any com- could say about what was going on in
plied in the development of this legis- munity, I can look at my own commu- Iraq, mixed results. With the surge in
lation. I just want to touch on a couple nity in Palm Beach and Broward Coun- one part of Baghdad, there was some
points ever the legislation itself, this ties, there are fewer competitive sta- reduction in casualties in Baghdad, but
law that we passed today so over- tions, company stations versus inde- an explosion of casualties in the sub-
whelmingly, because Americans really pendents, fewer independents, you urbs. You push in one place, and it pops
are hurting. dont see a lot of independents at all, out another place. They call it the bal-
We talked about teeth, the Federal which really drives the market a little loon effect or toothpaste effect, the
Trade Commission, which is an exist- bit. Then, at the end of the day, there squeeze effect.
ing Federal agency that is responsible really is very little activity that would We have to make some changes here,
for fair trade. It is self explanatory, show there is true competition. and that is what this Congress is about.
fair trade. What can we do to make But I think the real question, of We will be keeping this President on a
sure that organizations, businesses, big course, and what this law is going to short leash. We will be imposing some
oil in this case, that in fact if there is get to, is there is market manipula- benchmarks to see if there really is
market manipulation, if it is going on, tion, are there antitrust violations. We any progress in Iraq.
what can we do to get to the bottom of are going to define it, we are going to I know we all want to see progress
it? strengthen it, and there are con- and stability, but that is not what we
Well, the questions will be asked. sequences. are seeing on the television or reading
What does it cost to drill? What does it By the way, dont let anybody tell in the newspaper. And the American
cost to refine? Why is there a dif- you, some of the Republican debate on public knows that. They are not being
ference between the cost of crude and the floor, some of the Republicans that fooled any longer. We are going to
the cost of a gallon of gas? Why does opposed it said, oh, we are going to change the direction of this war. We
gas cost more in Fort Lauderdale, right knock down the independent service cannot continue by paying this kind of
near a port where the gas comes in, stations, the little mom and pop gro- money at the gas pump funding both
than it does 500 miles inland? These are ceries that have a pump in front of sides of the war on terror.
common sense questions. When there is them. One of the things I am going to talk
transparency in pricing, there is no We are not talking about them. The about tomorrow is the fact that by
price gouging. minimum size of activity that can be- being in Iraq, we have stretched our
So what we are asking for is some- come subject to this is a company that military forces to the breaking point,
thing very simple. We want competi- sells $500 million of fuel. both Active military and our National
tion. We all believe in the capitalistic b 2230 Guard. The National Guard, 88 percent
system. We want to see thriving com- So we are not talking about the mom of the equipment of the National Guard
petition. Competition is good for qual- and pops. We are the one who are pro- has been deployed to Iraq and hasnt
ity, pricing and everything else. But tective and interested in our commu- come back. We are coming into a hurri-
when there is something so out of nities in the mom and pops. cane season. We have forest fires that
whack here, when you see there is no I think there are lots of questions are plaguing the West and Florida. Is
common sense, a barrel costs less, price out there that need to be answered. our National Guard prepared to deal
is up. No disruption in the oil, no dis- Again, I think the consequences of vio- with that?
ruption in the refining. Nothing that lating our Federal law is what is going Their mission, they have three mis-
really should cause this kind of surge. to change this. sions. The first mission is homeland de-
In fact, we see by this chart on the Mr. PERLMUTTER. If the gentleman fense, protecting our country against
day that President Bush was sworn would yield, I think we have to get attacks that might happen here,
into office, back January of 2001, gas back to basics here. We have to have a whether it is a 9/11 or some other type
was at $1.47. Today, it is $3.22 on aver- diversified energy portfolio. of attack. The second is civilian sup-
age in the United States of America. One of the things that you were talk- port, helping in the event of another
What is wrong with this picture? ing about and Mr. BRALEY was talking Hurricane Katrina. The third is to be
Now, this is a matter, as it was said about was renewable energy. The deployed overseas.
by one of our colleagues, a matter of American people are way ahead of Con- Now, we know that our National
national security. It is a matter of our gress, and it is our job to change the Guard, I dont know if, in fact, in ei-
economy. Certainly it is a matter of direction of the Federal Government ther of your States, but the Colorado
our environment over time. on this subject because it is good for Air National Guard is going to be de-
So one of the other things that we national security, and it is good for the ployed for the third time within the
are also committed to, I know every climate, and it is good for jobs. last 3 or 4 years to Iraq, which is
one of us in the whole freshman class, Quite frankly, if we have a diversi- stretching their ability to deal with
and I would say many of the Repub- fied portfolio where we have biofuels,
mstockstill on PROD1PC66 with HOUSE

things in Colorado or to assist other


licans came with the same view, but we and where we use solar and wind where State National Guards in the event of a
are going to take some action this time appropriate, and have hybrid types of natural or man-made disaster.
in a bipartisan way, we have to move cars, we will not be so beholden to a We as a Congress have an obligation
this country toward energy independ- particular company or companies in to look after this country and not to
ence. the gasoline business. continue to pursue things where we are

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H5710 CONGRESSIONAL RECORD HOUSE May 23, 2007
refereeing a sectarian civil war. Things Mr. PERLMUTTER, and I am soliciting driven home with me in February when
have to change. more, is to make our offices carbon a huge ice storm hit my State. We had
I heard our friends on the other side neutral here in Washington. When I got 350,000 people without power. The 133rd
of the aisle in the hour that proceeded here, I was concerned about global of the Iowa National Guard has been
us saying we have an obligation to pro- warming. I checked into how much car- stationed in Iraq for over a year and
tect and defend the Constitution, and bon pollution did I create just by turn- had their deployment extended by an-
they are absolutely right. And we have ing my lights on here in Washington other 120 days. They were struggling
an obligation to protect and defend and Vermont, flying back and forth to with people available to respond to this
this country. We cannot continue the my district, and then driving around. very significant demand for assistance.
way we are going in Iraq. So the Presi- It is quite staggering: 754 tons. That is So that is when you understand in a
dent wants to stay in Iraq. He vetoed a a lot just to show up for work. very real way how foreign policy af-
timeline that establishes a thoughtful I tried to find out how to offset that. fects domestic policy in your district.
redeployment of our troops. But at this Change the light bulbs, turn the ther-
But as my friend from Vermont
point we will let him have, I believe to- mometer so you dont use as much air
knows, when he was talking about the
morrows vote will allow him, mostly conditioning or heat, and then invest
need to preserve the heritage of agri-
with Republican votes, to have funding in renewable energy that would allow a
farm in southern Vermont to do a di- culture in this country and its impor-
through the end of September. At that
point we will see where this surge is gester, a methane digester, which adds tance to our economy, my great-great-
going, whether it is better than mixed to the bottom line of farms, and all of grandfather, George Washington
results. If that is the best you can say our farms are struggling to make ends Braley, walked from Vermont in Mr.
about the surge, it is mixed results, meet. We have to keep our farms in WELCHs district to Iowa in 1855 look-
that is not very good, and it is time for production and have local production ing for better farmland, Mr.
a change, and we intend to bring a of agriculture for the ag economy, but PERLMUTTER, better rain.
change to this country. also for a way of life that a lot of folks My parents both grew up on farms in
We all know that one of the issues in in Vermont and Iowa want to main- Iowa during the Depression, and the
Iraq is oil. We cant forget about that. tain. whole sense of stewardship and pre-
We need to decrease our dependence on Mr. PERLMUTTER. If the gentleman serving the land for the next genera-
foreign oil so that we dont have to be would yield, following your lead on this tion is something that is almost a spir-
in a place like Iraq unless it is there carbon-neutral office, we actually next itual quality about farming. I know
for real humanitarian reasons and not week are going to have a press con- there are very many people looking for
there for oil or other purposes. ference on a carbon-neutral office. We ways to diversify their agricultural
Mr. KLEIN of Florida. When we went are buying power from a wind energy economy.
into Iraq in the first place, they were farm in Lamar, Colorado. We have Mr. KLEIN, you raised a very good
supposed to be able to pay for their en- talked our landlord into putting solar point about the multiplier effect of re-
tire rebuilding through their own oil on top of the office building. We use newable energy. Right now Iowa ranks
revenues. Unfortunately, that has not the stairs and not the elevators, and we third in the production of wind power,
happened. are working with the National Renew- which surprises people. They go to
I know Mr. PERLMUTTER has been one able Energy Lab, which is the lab Mr. Palm Springs and see those huge wind
of our leaders on renewable energy, as KLEIN was referring to, to assist us in farms, and they know there is also a
has Mr. WELCH. coming up with a carbon-neutral, en- lot generated in Texas, but Iowa ranks
Mr. WELCH, you have brought many ergy-efficient, sustainable type of of- third. Part of the reason for that is
ideas forward on renewable energy and fice. windmills have been a way of life in my
alternative energy and energy inde- In Colorado, we dont have the mois- State for over 150 years.
pendence. Why dont you bring us up to ture or quite the fertile ground as it is
date on some of your thoughts. in Iowa, so there is a lot of dry-land But there is a very acute shortage of
Mr. WELCH of Vermont. First of all, farming. One of the other ways for wind turbines in this country. People
Mr. PERLMUTTER is right, oil has made farmers to derive an income is going to who want to convert to wind energy
us vulnerable in foreign policy. A big be through wind energy. We have a and want to have the ability to produce
reason we are in Iraq clearly is related number of wind energy types of plants electricity from wind are facing signifi-
to oil. I think we have to be much developing in Colorado as well as solar cant shortages of turbines, specifically
straighter with the American people farms. those manufactured in the United
than Congress has been. Mr. WELCH of Vermont. Right. What States. A lot of people, municipalities
We are doing two things here. One, you are describing is the fact that you that are looking to convert to wind
with this legislation, the price gouging are going to produce your energy lo- have to go to the European market be-
legislation, we are providing basic pro- cally, so you are not going to have to cause they are on long waiting lists
tection against rip-offs, and that is just go to the Middle East and ship it all of from U.S. wind turbine manufacturers.
the fundamental responsibility that the way back here. The money you Recently there has been an incentive
peoples government has is to make spend on energy are going to be dollars to factories that are creating new wind
sure that the people with a lot of that stay in Colorado or Iowa. Every turbines. There is a new factory in
money, corporate power, dont use that dollar you keep in your local economy Iowa that opened up recently. So when
power to rip them off. That is one. gets circulated and multiplied. That is we are talking about how this has a
Second, we have to develop an energy what creates jobs. We have to break ripple effect throughout our economy,
policy. An energy policy, as has been the stranglehold of our addiction to oil. it creates jobs and incentive for people
said, is going to give us a lot more free- It is all about building a local econ- to try new and innovative energy tech-
dom in foreign policy, not create these omy. nologies, and we all benefit from that.
enormous pressures to get involved in Mr. KLEIN of Florida. We all are That needs to be part of the overall dis-
wars that we shouldnt be involved in. very committed, and we are seeing cussion we are having about how we
Secondly, it is obviously good for the some great ideas. This is about busi- create incentives to move people to
environment. ness and consumer behavior changing. clean energy sources.
Third, as the gentleman from Iowa You also mentioned something about
(Mr. BRALEY) has been saying, it is National Guard. In Florida, we are Mr. KLEIN of Florida. Another big
good for the economy. The legislation coming up on our hurricane season issue that many of us ran on was ethics
we have to pass is not just on pro- June 1. The National Guard has played reform and lobbying reform and the
tecting the consumer, it is about cre- a big role in emergency services. whole notion of this connection be-
tween lobbyists and legislators and
mstockstill on PROD1PC66 with HOUSE

ating a projobs, pro-high-tech, Mr. BRALEY, I know you have a lot of


progrowth approach to addressing in a specific information about your Na- Members of Congress.
straightforward, confident way the en- tional Guard. I know in Florida before I left Flor-
ergy challenge that we face. Mr. BRALEY of Iowa. All of us have ida, and I was in the Florida Legisla-
One of the small bills that I have our own natural disasters we deal with ture for a number of years, we passed a
sponsored and you are a cosponsor of, on an annual basis. This point was law that said you cant take a cup of

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5711
coffee. It used to be fancy meals, fancy Thats why people wanted to see a that we are proud and privileged to
trips and wine. You know something? new direction in this Congress. They serve in is that same type of open, hon-
The average person and most of us who wanted to see a new direction in Iraq. est and accountable place to do busi-
ran said that was not necessary. It cre- They wanted to see a new direction in ness.
ates an impression that there is this how we did business within this cham- So Im very, very excited to be with
unholy connection between a lobbyist ber, and theyre getting those very my freshmen colleagues talking about
and a Member of Congress. things. why we ran on a platform of restoring
b 2245 Im proud to be part of the impetus, ethics and accountability in Congress,
the catalyst to make those kinds of and Im very pleased that we are bring-
Of course, we also know that many changes, to make the big change when ing together collective experiences
people who give us information are lob- it comes to energy. We cant wait any from all over the country, the experi-
byists, too, but they come in the un- longer to change the way we deal with ence that you bring from your back-
paid variety. One of my teachers talked energy in this country, whether its be- grounds of working in your own State
to me about No Child Left Behind. cause were just continuing to put legislatures, and knowing that people
Thats a lobbyist as well. Were talking more and more exhaust into our cli- have a right to expect this type of ac-
about the paid ones. mate or we want to wean ourselves countability when they walk into the
Im very proud that this Congress, from foreign oil or we want jobs. voting booth and put your name on
this House, in the earliest going, one of I mean as Mr. BRALEY was saying, we their ballot.
the first packages we passed out of this need turbines, we need solar panels. Mr. KLEIN of Florida. If you think
chamber was to change the rules that Theres construction jobs by the thou- about accountability and confidence, if
this House governs itself by, and the sands and thousands as we move to a you have confidence in the people that
freshmen of this class, of course, once new type of energy for this country, are representing you, you will cer-
again took the lead because we felt we and were making that change. tainly have a lot more confidence in
were the closest ones, having heard the This Democratic Congress is making the policies and the things that they do
most from the public that we said no the change that was so desired by the in Washington.
more cups of coffee, no more fancy people of this country. They wanted a And what happens in Washington,
meals, none of that. new direction, and thats what were whether its dealing with Iraq or
You know something? It works just giving to them. whether its dealing with the cost of
fine. I think all of us can buy our own And I do want to tell you that your health care, which is another huge
cup of coffee. We had a little cup of cof- great-grandfather was George Wash- issue which hopefully were going to
fee before. Mr. WELCH and I, we had our ington Braley. My grandfather was start tackling soon, or whether its
dinner together and were glad to pay George Washington Bristow anyway, dealing with any number of issues that
for it ourselves. for just pure information. we are talking about right now, I feel
Mr. WELCH of Vermont. A good Mr. WELCH of Vermont. Its very im- so much better now just watching the
chicken sandwich, $7.16. portant the American people know process than looking last year and see-
Mr. KLEIN of Florida. But it goes be- that. ing the Medicare bill that was drafted
yond that. I think there are other ways Mr. KLEIN of Florida. I thought it by pharmaceutical companies that had
that we can break this link, and I was George Washington Perlmutter. a big donut hole and really took advan-
think some of the discussions going on Mr. BRALEY of Iowa. I have to say tage of peoples good intentions of
right now of continuing to do things Im really the rookie of this group be- needing health care at an elderly age.
and disclosure and all those kinds of cause all of my colleagues who are still And certainly in Florida, in all of our
things are very important in making here tonight had the great privilege of communities, we have a lot of senior
sure that the history of this Congress, serving in their State legislatures. citizens.
particularly over the last few years, Theyve had to struggle with these So the Medicare and the pharma-
whether it was the Cunningham and issues, especially these important ceutical issues unfortunately were not
the Tom DeLay and the Bob Ney. issues on ethics. handled the right way, you know, the
Mr. WELCH of Vermont. That was il- One of the things that I talk to peo- energy issues. These are solvable prob-
legal. That was beyond us. That was ple a lot about coming from Iowa is lems. We started talking about that in
pure criminal conduct. how it just amazes me how other peo- our opening tonight, solvable issues.
Mr. KLEIN of Florida. Thats right, ple really struggle with the sense of Little bit of backbone, little bit of
and theres still unfortunately a few open and fair government because the roll up your sleeves, and turn off the
that are still being investigated, and State that I come from has probably air conditioning, and put a coffee down
thats going on and thats wrong. Its the most fair reapportionment system and nobodys getting up and out until
wrong at home, in any business. Its of any State that I know of. In fact, you finish the job, thats the kind of
wrong in any community whether its theres been national news articles can-do attitude that I think we have
done person-to-person, and certainly written about it. and were going to continue to have
when you run for higher office in Con- Mr. WELCH of Vermont. Remark- over the next year.
gress, you have a higher responsibility able. Mr. WELCH of Vermont. I agree with
to make sure that you do the peoples Mr. BRALEY of Iowa. Because you. It is very exciting and an incred-
business and youre an independent theres a bipartisan commission every ible privilege for all of us to be here.
thinker. 10 years that is balanced by geography And there arent free meals and there
So I think Im very proud and I know and thats required to come up with a arent free trips and all of the things
these discussions are going on right plan that is fair and equitable, and the that have been abused in the past, and
now. State legislature can only vote the that cuts across Republicans and
Mr. PERLMUTTER. Very first thing plan up or down on the first two tries, Democrats, and its all so that we can
as you said that we did was an ethics and not until the third try can they try to do a good job and give con-
reform to the rules. So we took a huge tinker with the boundaries. And in all fidence to the American people.
step the first day we were in this Con- the years that plan has been in place, But the challenge we have is giving
gress. Tomorrow, we are going to add not once has the legislature ever got- us confidence, giving this Nation con-
to that from a bill that came over from ten to the point of redrawing districts, fidence that the Congress actually has
the Senate as to certain other parts of and people accept it because its done as its first priorities the needs of the
lobbying reform. So we are continuing in a way that creates a sense of fair- American families, not the needs of the
to make strides so that this place is corporations that are doing really well,
mstockstill on PROD1PC66 with HOUSE

ness, a sense of openness and a sense of


open and transparent and people really accountability. which is not to say get in their way be-
know that were working for the bet- And I think that really gets to the cause weve got to have jobs and cor-
terment of the entire country, you heart of what were trying to talk porations do good things and create
know, not a select few, and thats real- about in the need to make sure that wealth, but we have to have a commit-
ly the change thats going on here. people have confidence that this body ment to building a middle class.

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H5712 CONGRESSIONAL RECORD HOUSE May 23, 2007
Whats always been the great hall- lower taxes, but you have to have you cant keep spending, adding new
mark of American democracy has been lower spending. It has to balance, and programs unless theres money in the
weve had an economic agenda that has it still just goes beyond my imagina- budget. You cant pretend theres some
said to people, who are willing to work, tion as to why Members of Congress trickle-down future great thing. If it
that they could climb the ladder of op- over the last number of years could happens, wonderful, but you know
portunity, and we pursued policies that spend and spend and borrow 10s of bil- something, we all want lower taxes. We
gave them the chance to do it. Afford- lions of dollars. all want a reasonable amount of spend-
able and accessible education, afford- Mr. WELCH of Vermont. Hundreds. ing, but youve got to be fiscally re-
able and accessible health care, non- Mr. KLEIN of Florida. From China, sponsible.
discrimination, the big fight that this and seems like such an unfathomable, Im just proud that were getting
country had for years that ultimately unsustainable kind of thing. Did you things back on track. So maybe like in
weve made enormous progress on. So ever operate your small business that the 1990s, when we moved into a budget
people, regardless of the color of their way or you personally? You balance surplus, which we should have been
skin, their sexual orientation, their re- your checkbook. proud of and sustained that over time,
ligion, they have something to offer Mr. WELCH of Vermont. Well, all of we want to go back to the old ways of
and they want to work, theyre going us come from States where youve got the 1990s and certainly not the way of
to have a chance to get ahead. to pay your bills. the last seven or eight years.
Much of what were trying to do on Mr. KLEIN of Florida. A balanced
ethics, I agree with you. We served in budget. Every one of our States at the b 2300
the State legislatures. We had sunshine end of the year, we all participated in Mr. BRALEY of Iowa. I think one of
laws. We didnt have lobbyists buying a balanced budget, for 14 years. the things that the American public
things. Its all an alien situation that Mr. PERLMUTTER. If I could jump doesnt really fully appreciate is how
has been described here in D.C., but in here, I mean what was happening difficult it is to operate under pay-as-
were trying to bring the Iowa values under the prior Congress and under this you-go budget rules, where you have to
and Vermont values, Florida, Colorado, President, President Bush, is a classic find someplace to cut in order to intro-
here to D.C., and weve got to hang on borrow and spend, borrow and spend. duce a new program. Everybody has
to that. But its all in service of trying There was no limitation on what you needs, everybody has wants, everybody
to get the job done so that we have an would buy or what youd spend, but comes here with their wish list.
economic agenda that helps average youd cut taxes and youd prosecute a But the harsh reality is we have to
people. war thats cost us, by the end of 2008, make difficult decisions every day
Mr. BRALEY of Iowa. I want to just $750 billion. The budget of Colorado is about how we are going to allocate re-
follow up on your comment that I about $15 billion for a year. Well have sources. Thats one of the things that
think is very prudent that we hear spent $750 billion in Iraq by the end of makes this job so important and so dif-
about that people dont talk about a 2008. Right now were at about $550 bil- ficult.
lot, and that is the disappearing Amer- lion. Mr. PERLMUTTER. One of the
ican middle class. And Im here sur- Mr. BRALEY of Iowa. My math is not things that I think is also important is
rounded by distinguished colleagues, good, but that sounded like about 30 we have taken steps to be fiscally re-
and Im going to make you the eco- years of a Colorado State budget to me. sponsible. We dealt with a budget early
nomic physicians and make a diag- Mr. PERLMUTTER. Its a long time, on in February. We are dealing with a
nosis. and it means that weve given young budget right now. We are dealing with
If you look at the symptoms of what men and women to this fight in Iraq, the supplemental emergency request.
we talked about, all of us, out on the weve given our treasure to Iraq, and We are able, in those budgets, to put
campaign trail leading up to last No- we did it without the sacrifice that or- our fingerprints and our values, our
vembers election, you look at the fact dinarily comes when you fight a war budgets reflect our values, and one of
that youve got 47 million Americans and that is through taxes. So we ran the things, that we had a number of
without health insurance, 37 million this gigantic deficit. bills that came through here today,
Americans living below the poverty Now, the Republican Congress last some things that are going to happen
line. That sets a floor of where your year didnt even pass a budget, and this tomorrow, is back in February, we in-
middle class starts, and when those year the Congress sent a budget to the creased benefits to veterans like hasnt
numbers keep growing, we know, at President that balances the budget been done in the 77 years of the Vet-
least I think we should know, that within 5 years, as opposed to con- erans Administration, because we rec-
weve got a problem, that we need to do tinuing to run deficit and deficit and ognized the service and the sacrifice
more to drive those numbers into what grow the debt and grow the debt. We that these men and women made for
weve traditionally associated with the will balance this budget within 5 years. our country.
middle class, which says that if you Quite a feat. Theres some places where We have increased their benefits; in-
work hard, you play by the rules, and weve got to tighten the belt, but as stead of scrimping along and they get
you get minimum opportunities to as- you said, we rolled up our sleeve, made the last little bits, we are increasing
sist you to get up a rung on the eco- some tough decisions and took on a those benefits. We are working on the
nomic ladder, youre going to do bet- budget that was absolutely out of con- military hospitals, the hospitals. We
ter, your familys going to do better, trol under the prior Congress, and changed the fingerprint. Thats a value
your children are going to do better were doing something to benefit the that we hold. We added money for re-
and youre going to create a stable en- American public and not saddle them newable energy research. Thats an-
vironment that contributes not just to with debt. other value that we hold. We are in-
this society but to the way that we Mr. KLEIN of Florida. The discipline creasing money for childrens health
think of ourselves as Americans. it takes to do this Federal budget, insurance, another value that we hold
Mr. KLEIN of Florida. I was just which were doing right now and Im dear.
thinking as youre talking about the really proud were doing it, is the same We have done this within these budg-
economic dream and the responsibility, discipline that you do with your own ets where Republicans in the prior Con-
and one of the things that I heard on family budget. You dont keep bor- gress couldnt even pass a budget. We
the campaign trail over and over and rowing and borrowing and borrowing if are showing the values of improving
over again, and I just felt that in my you cant afford to pay it back. And the lives of the people in the middle,
own heart as a small businessman, we these are the kinds of things that are not the wealthiest 1 percent, but the
had 75 employees in our business, was absolutely necessary. What is this prin- hard-working people in the middle and
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the fact that this government, for so ciple that we passed I think unani- the veterans who so valiantly served
many years, was just operating in this mously in this House. our country over the many years.
deficit higher and higher, spend and Mr. WELCH of Vermont. Pay-as-you- I am just proud to be part of a Con-
spend and spend. go. gress, part of a class with all of you
And its one thing we talk about Mr. KLEIN of Florida. PAYGO, pay- where we really are changing the direc-
lower taxes, which obviously we want as-you-go. You cant keep borrowing, tion of this Nation. This is a big ship

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5713
that we are steering here. It doesnt actually not only allow, but demand the Democrats have come out of the
change very easily, but in the last 3 or amnesty for 12- to 20 million illegal im- Senate, remember, they are the major-
4 months, we made some major migrants in this country while millions ity in the Senate, too, and they have
changes. wait patiently outside to immigrate come out with a proposal to, they say,
Mr. BRALEY of Iowa. I would just into our country legally. solve our immigration crisis.
like to encourage all of my colleagues Tonight I am honored to be able to I want to say, and I have told this to
to watch a very special edition of 60 have colleagues here to be able to ad- the White House, and I have told it to
Minutes this week. Its going to be fo- dress the issues and actually talk my colleagues here in Congress, and I
cusing on the Ironman Battalion, the about whats going on in their districts tell them again, the American people
133rd, based out of my hometown of and address the issue that where does want a solution to the illegal immi-
Waterloo, Iowa. It is the whole 60 Min- America go from here? How do we stop grant problem. Thats where they see
utes program. They are currently sta- the Senate from making this terrible and know the crisis is, and they are
tioned in Iraq. mistake? How do we turn the President saying you have the tools and have had
A member of the Iowa Legislature, and the Senate away from the path of the tools to do something about this
Representative Ray Zirkelbach, has amnesty that was followed in 1986, problem for a long time, over 20 years,
been serving and has missed two ses- which caused the greatest influx of il- and nothing has been done. The Amer-
sions of the Iowa Legislature because legal immigration? How do we get the ican people see this as a crisis, and
of the extension of their deployment. elite here in Washington to wake up to they are right.
I am very, very proud of the Ironman the fact that you do not stop illegal You know, for 20 years I sat on the
Battalion. I am in frequent contact immigration by announcing to the bench as a district judge in Texas.
with their commanding officer, Lieu- world that you are now going to reward When people broke the law, the people
tenant Colonel Ben Correll, who is also up to 20 million people who are ille- of our country, in Williamson County,
from my district, Strawberry Point. I gally in the country? Texas, they wanted the laws enforced.
think its significant that as we head I have the privilege to recognize the They called upon our sheriffs and our
into this Memorial Day weekend, peo- gentleman from Texas at this time. law enforcement officers to enforce the
ple like me, my father served in the Mr. CARTER. I thank my friend from law, and they called upon our courts
Marine Corps on Iwo Jima, that af- California for recognizing me on this and our juries to enforce the law. I am
fected his entire life, my brother works very important issue to the people of proud to say we did.
at a VA hospital in Knoxville, Iowa; the United States of America, the This issue is a law enforcement issue
opening of our borders and the pouring as much as any other issue. There are
its important that we pause and re-
in of somewhere between 12- to 20 mil- between 12- and 20 million people in
flect on these sacrifices that we talk
lion people who have broken the laws this country, we are told by some,
about every day in this Chamber, but
of the United States of America. came here to start a new life. You
also that we honor the brave men and I want to talk a little tonight about
women serving this country. dont start a new life by breaking the
whats going on in my district and
I think this program is going to do law, and the American people know
whats going on in Texas and whats
an excellent job of exposing everyday, that. The American people want some-
going on in the country. But, first, I
middle-class Americans who picked up thing done about it.
would like to respond to some talk
out of their very busy lives to serve The American people want us to de-
that took place in the last hour, just
this country in its time of need, and I fend our sovereign borders of the
for a second.
think it will be a very informative and When we talk about gasoline prices, United States and to tell these people,
rewarding experience for everyone. you know, all this talk about gasoline you cannot break the laws of the
Mr. KLEIN of Florida. I thank you prices, I saw in this last hour, they United States and then expect to come
for that close, because as we do ap- kept trying to say all this was Presi- into this country and get the benefits
proach Memorial Day, we do want to dent Bushs fault. The Democrats are and the privileges of being a United
extend our appreciation and our ac- in charge of Congress. They have told States citizen. They are unhappy.
knowledgment to our families all over us tomorrow that they are an equal When the Senate bill was announced,
the United States whose lives were af- branch of government, and that they I believe it was last Friday, before the
fected by brave men and women who are, in fact, in charge of this Nation at end of the day and into Monday, we
served our country and made the ulti- this time, and they are responsible for had over 1,000 phone calls, an esti-
mate sacrifice. these gas prices. Its time to be respon- mation. I know we had over 400, I think
We conclude this evening. I would sible to go along with your rights. The it was, right here in D.C. Then our
like to thank my colleagues, Mr. Democrat majority has something they other two offices were overwhelmed
PERLMUTTER, Mr. BRALEY of Iowa and can do about gas prices, but, of course, with phone calls, all from citizens who
Mr. WELCH, representing our freshmen lets look at what they have done. we, you know, who are people of our
class. We look forward to, every week, The first thing they did in Six for 06 community, who live and work in our
coming back here and giving a little was take away the incentives to en- community, and every one of them said
update on what is going on. courage domestic drilling and, in fact, this is an outrage. Do not support this
We look forward to another busy place a tax on gas production, and, concept of amnesty for people who
week, and, of course, a working week thus, decrease the availability of have broken our laws. They have to be
at home catching up with our friends American petroleum to replace our responsible for their own behavior. We
and family. Have a nice weekend, ev- burden on foreign petroleum. They pro- raise our children to be responsible for
eryone, and we will see you soon. posed a cut-and-run theory on dealing their behavior, and we expect them to
f with the issue in Iraq, which, if we cut be.
and run, would turn over the second We tell the American citizens, we set
ILLEGAL IMMIGRATION up a series of laws, we call it the rule
largest oil reserve in the world to Is-
The SPEAKER pro tempore. Under lamic terrorists. of law. It is a basic principle of the Re-
the Speakers announced policy of Jan- They propose now, out of the Senate, public of the United States that the
uary 18, 2007, the gentleman from Cali- to open our borders to the illegal aliens people respect the rule of law. Without
fornia (Mr. BILBRAY) is recognized for that are already here and to put to- it, democracy and the Republic cannot
55 minutes. gether a policy which would encourage function. Yet we have proposed a bill
Mr. BILBRAY. Mr. Speaker, I appre- more illegal aliens to come across our that will waive the rule of law for up to
ciate the chance to speak before the borders and consume 20 million peo- 20 million or possibly more than 20 mil-
House today, and its about an issue
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ples worth of oil and gas in this coun- lion people that are in this country il-
that many Americans all over this Na- try. These are the things that they are legally.
tion are discussing, are listening about, criticizing the Republican minority for Thats just not right, thats just basi-
and, frankly, are very concerned, if not causing the gas prices to go up? cally old country boy not right to the
outraged, and that is the proposal be- But that all just gives you a picture folks back in Texas and to the folks, I
fore the Senate this week that would of where we are going right now. Now believe, across this Nation. They get up

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H5714 CONGRESSIONAL RECORD HOUSE May 23, 2007
every day, and they abide by the laws States, following the rules in the effort cram bills through in a hurry, espe-
of the United States. They pay their to go to work, enjoying the freedom of cially when they are so controversial.
taxes. They do the right thing for the the world we live in, and ultimately by You know, you mentioned, we want
right reasons because thats what doing the right thing, the right way, to talk a little bit about our districts.
Americans do. Thats the kind of peo- hopefully become American citizens. I live in, I think, the most beautiful
ple we want in the country, people who Mr. BILBRAY. Reclaiming my time. area of the world, the Fifth District of
abide by the law. I am chairman of the Immigration Cau- North Carolina. I am very blessed to
To just say that its a good way to cus, and I am proud that my mother is live there. And I live among, I think,
start a new part of our population by an immigrant, a legal immigrant. She the brightest, hardest-working people
letting them break the law to become came here, played by the rules; and, as in the world. And they are very intel-
part of our Nation, it just flies in the she reminds me again and again, it is ligent, very conscientious, very patri-
face of everything America thinks is an insult to her and everyone else who otic people. They are upset about this
right. We hear the argument, we are played by the rules to gain legal status proposal. They dont like it.
sure they are good people. I am sure in this country to watch anybody, let Since I came to Congress a little over
they are good people. They are hard- alone the Senate of the United States, 2 years ago, I have been telling every-
working people. I have lived in Texas announce to the world that they are body who would listen, this is the big-
all my life, and I have seen this phe- going to give up to 20 million people gest issue in my district, it is the big-
nomena all my life. the cherished ability to live perma- gest issue in most districts. And why?
These are hard-working people. I nently in the United States and to give Because the American people, and
have visited with many of them in my them a vehicle towards citizenship. again particularly the people in my
limited Spanish and find them to be At this time, I have the honor to district, have played by the rules and
people looking for a job and who are yield to the gentlewoman from North they understand the importance of the
hard-working. But it doesnt change Carolina. rule of law.
the fact that they are starting their Ms. FOXX. I thank the gentleman for I tell folks over and over what makes
life in the United States of America il- taking on the task of serving as chair- this country so special are three
legally. This is wrong, and the Amer- man of our Immigration Caucus. I ap- things: the rule of law, our moral
ican people know its wrong. preciate the leadership that you have underpinnings, and our capitalistic
Mr. BILBRAY. One of the things, I given to it and I appreciate the com- way of life. But you cant have moral
think, people misunderstand when they ments that you and Congressman underpinnings and you cant have the
talk about the amnesty, that people CARTER have made tonight. I have sev- capitalistic system if you dont have
that are here illegally working in the eral points I would like to make. the rule of law.
United States are not just violating The members of our caucus know Now, we can do something about ille-
immigration law. A lot of people dont that I am very keen on the use of lan- gal aliens who are here in our country.
realize that about 73 to 75 percent of guage, and that language makes a big People say, oh, we cant do anything
everyone who is here illegally is work- difference. And we keep hearing over about them. We surely can. What we
ing illegally because they acquired and over from the supporters of this can do is start enforcing our laws. We
false documents, stole somebodys ID Senate bill that this is not amnesty. have not been doing that. Both Demo-
or identification to work, which is a But I think it is important that we de- cratic and Republican administrations
felony. fine the word amnesty, so I looked it are guilty of it. I cant forgive our Re-
The Kennedy proposal in the Senate up under dictionary.com unabridged. publican administrations because they
not only gives amnesty, an exemption The first definition: a general pardon are guilty of it, too. But we can close
from prosecution, for being illegally in for offenses, especially political of- down our borders and we can enforce
the country, but exempts them and fenses against the government, often the laws as they are now. And I think
gives amnesty for the felony they com- granted before any trial or conviction. that what we have to do is we have to
mitted when they used somebody elses And then I like this one, another one look at this issue of illegal immigra-
identification or used false documenta- from Online Etymology Dictionary: tion in a very careful, law-respecting
tion to acquire a job. pardon of past offenses, intentional way. The solution doesnt lie in whole-
So we have got to remember that we overlooking. sale amnesty.
are not only giving amnesty for immi- I think that is what we are talking And the President has said that this
gration, we are now proposing that we about here. And, again, I think it is im- bill will treat people with respect.
will pick a certain population to be ex- portant that we define what we are Well, I respect the President, but I
empt from a felony violation and not talking about. That is exactly what the have to strongly disagree with him. Be-
only forgiven for that violation, but to Senate is proposing. cause from what I have seen so far, this
be given a special program, the Z visa, Now, the other thing that I want to bill fails to respect the millions of peo-
that only those who have broken the say is that I am really concerned with ple who have worked within the system
law qualify for. Those individuals who the way this bill has come out. It is and have immigrated to our country le-
have been waiting patiently to immi- being debated in pieces. It was written gally. And those people who want to
grate into this country illegally are in secret, sprung on us late in the day, come to this country legally, they are
not allowed, under this proposal, to and it didnt go through a committee doing it the right way. These people
have the Z option, to go for the Z visa. structure as most of our bills do. It was have done it the wrong way. We are not
That is a concept of rewarding illegal brought straight to the floor of the going to reward, we cannot reward ille-
behavior, a little felony illegal behav- Senate. The leadership of the Senate, gal behavior by uttering platitudes
ior, when you are telling those who the Democratic leadership of the Sen- about respect and fairness. Our first
have not broken our laws that you are ate wanted to cram it through before principle on immigration reform has to
not going to offer them the same thing. the Memorial Day holiday. be upholding American laws. If we do
Those kinds of actions are not the ac- not do that, then our system will be
b 2315 tions of people who are proud of what fundamentally flawed.
Mr. CARTER. Absolutely. And you they are doing. If they were proud of The bill that the Senate is proposing
hit on a very good point, and I thank this bill, they would have brought that is going to legalize these people imme-
the gentleman for yielding. The point bill to a committee, they would have diately. They talk about triggers being
that you hit on is that there are people debated it, they would have heard the in there, but the triggers dont really
that are trying to do it the right way, arguments pro and con, and then they go into effect. And the triggers are
that have been waiting patiently to do would have come up with something nothing but laws that we have already
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this the right way in countries around that was discussed openly with lots and had in place for a long, long time. And
this world; not just from our neighbors lots of people. That is the way, as Con- if this bill passes and is signed by the
to the south, but all over this world gressman CARTER says, our Republic President, we will be, I think, doing se-
that have waited patiently to get the operates. We dont operate in secret. vere damage to our country, not just in
opportunity to come to the United We dont do things like that. We dont the short run, because I think that it

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5715
will be both in the short run and in the were given amnesty. It turned out it Senators about how they feel about
long run. There will be a huge battle was 3 million. Now, 20 years later, this, and turn this around in the Sen-
ahead of us if we pass this bill, because rather than having 3 illegals in our ate, because we need this bill to be
we are going to be facing more and country we have 12 to 20. Mr. KENNEDY, killed in the Senate and not even come
more illegal immigration. did your amnesty really eliminate ille- to the House of Representatives to be
In addition, as I said before, the peo- gal immigration? debated. But I know that we as Repub-
ple of the Fifth District are very bright I will tell you as somebody who was licans are going to have some alter-
people. They know amnesty when they down at the border, I was actually the natives that we will be presenting in
see it, and they know that if this bill chairman of San Diego County on the this House, and I hope that the major-
or something even vaguely like it border, a county of 3 million. The ity party, which has made so many
passes, it is going to dilute the mean- greatest influx of illegal immigration promises, none of which it has kept in
ing of citizenship in this country, and that we have seen in this country hap- this session of the Congress, will listen
that is the last thing we want to do. We pened immediately after the last am- to the people and say, we are going to
are the last best hope for freedom in nesty. And anyone who says that we take up legislation that will do what
this world; and if we dont enforce our are going to stop illegal immigration needs to be done, which is protect our
laws and help people come here legally by announcing to the world that 20 borders and provide for national secu-
who want to come here, and deal with million illegals got rewarded is either rity and give the people a true immi-
things on a case-by-case basis, we are ignorant of the facts or willing to fab- gration reform.
simply going to destroy what it is that ricate verifications that are absolutely b 2330
is wonderful about our country. outrageous. And you cannot stop ille- Mr. BILBRAY. I appreciate that. And
Congressman BILBRAY mentioned gal immigration when you announce actually, I guess weve got to remem-
that his mother was an immigrant but that you are going to reward it, and ber that 11 months ago, I was standing
came here legally. My fathers parents the proof is in history. Last time, Mr. exactly where you are and gave my ac-
came from Italy in the early 1900s; my KENNEDY, you did this, we had the larg- ceptance speech for being sworn into
mothers ancestors came much earlier est illegal immigration population. Congress. And there were 18 candidates
than that from Scotland. But the Ellis And, frankly, I think there are people for the 50th District in California. And
Island model was a very, very good who are proposing this amnesty who the people of San Diego wanted to send
model. People had to come here, prove know what it will do but will not come a clear message to Washington that
that they were healthy, prove that clean with the American people. And I this illegal immigration issue is some-
they either had a job or had a sponsor think the one thing we saw this week, thing that people need to address. And
for them to be here. That worked won- and I think all of us will agree, is that I think today youre hearing not just
derfully well in this country for a long, the elite in Washington think that the one district scream loud and clear that
long time. And think that we have to American people dont understand this they want the illegal immigration
have something akin to the Ellis Island issue. Well, the American people under- issue addressed, but youre seeing peo-
experience again in this country, where stood it. Within 45 minutes after Mr. ple calling from all the districts, call-
we know that the people who are com- KENNEDY and the Senators were doing ing their Representatives and demand-
ing here are coming here because we their press conference, the American ing that we finally do the right thing
need them here or they provide a ben- people started making phone calls, and not sell out on this issue.
efit and they can be independent. They they started e-mailing, they started Id like yield to the gentleman from
will not have to have public assistance. faxing. They sent a signal to the Sen- Texas.
Mr. BILBRAY. If I may reclaim my ators and they sent a signal to us that, Mr. CARTER. And I thank the gen-
time. I think the one thing we dont Washington, we are watching and we tleman for yielding. And you men-
talk about enough in this country is are not going to fall for it this time. tioned that your wife came here as an
that there is this perception that we We are going to stand up and defend immigrant, and my wife came here as
dont allow very much legal immigra- our grandchildrens birthright, and we an immigrant also. And Id like to
tion inside. are going to start demanding that you share just a little bit of our story be-
The United States today, Mr. Speak- start doing the right thing. cause I think it gives us a good com-
er, accepts more legal immigration And I think the guilt goes both ways. parison to whats being proposed in the
than all the rest of the world com- The public is fed up with the Repub- Senate today and what we used to op-
bined. We are accepting more legal im- licans and Democrats, because they erate under in this country when you
migration today than at any other have not seen an administration en- do it right.
time in the history of our Republic. force the law. We have to gain credi- I am very blessed to the fact that my
This country is one of the most gra- wife, Erica, fell in love with a law stu-
bility that we really can be trusted
cious and welcoming countries, the dent from the University of Texas law
with the security of this country by
school back in 1965. And I happen to
most welcoming country in the history being willing to do the right thing and
humbly be that law student. And we
of the world. And so we have nothing to enforce the immigration laws here.
married in 1968.
apologize for when it comes to accom- And not until we do that, no matter And to be very honest, I really never
modating, except for the fact that we who is President, no matter what party even thought about the fact that my
made a terrible mistake in 1986. is in power, will the American public wife might have to actually apply to
When you were talking about the def- trust us to move on with a lot of other come to the United States after she
inition of amnesty, it actually comes agendas. had married a red-blooded American.
from the Latin word for amnesia. And Ms. FOXX. I just want to ask one You know, I thought that was just the
maybe what the Senate is forgetting in question. I think that you have ticket, but quickly found out that
having this amnesia is what happened touched on a very important point wasnt the ticket.
the last time they proposed this type of again, and that is that we here in the We had to go down to the embassy,
amnesty. House of Representatives are the Rep- and we had to fill out all these papers.
Einstein said that insanity is doing resentatives of the people. We are the We had to have someone pledge $5,000
the same thing over and over again and peoples House. And I think the Senate to ensure that she would have a spon-
expecting a different result. Lets just is completely out of touch with what sor who would take care of her when, if
look at what happened when Mr. KEN- the sentiment is in this country. she was allowed to enter the United
NEDY, who promised in 1986 this would And I agree with you, the American States and ultimately get a green card
be the last amnesty that America people get it. The people of my district to be a resident alien of the United
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would ever have, clearly stated, It get it, and they are very, very bright. I States.
will never happen again. think that we need to be listening to She had to take a physical, and as
Twenty years ago, we tried this ex- those people. And the House generally she took a physical with several other
periment of rewarding illegal immigra- does listen to the people. women her age, one of whom looked
tion. We were promised that it was And I hope that they are going to very much like her, when they got the
only going to be 1 million illegals that send a very, very strong message to the lung exams back, this is a personal

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H5716 CONGRESSIONAL RECORD HOUSE May 23, 2007
thing that happened to us, they came are staying in the United States, as In fact, there are people that try to
to us and said, Im sorry, but our exam well as those who come across our bor- accommodate illegal immigration to
of your wifes X-Rays shows that shes ders. They are just as big starting life such a point that this bill that the Sen-
got tuberculosis, and she may not as a lawbreaker as people who swam ate is proposing will say that an illegal
enter the United States, which we were the Rio Grande or walked across the alien qualifies for in-State tuition,
newly married. We hadnt even been desert of Arizona or California or New even though a United States citizen
married a month at that time, maybe a Mexico in the middle of the night. This doesnt qualify. And this really hits me
month and a half. We were crushed. is something that is not the right way personally, because in the State of
And then the doctor came back and to become an American citizen, and we California, where I have been a resident
said, Im sorry, we got the wrong X- can do better than this, and we must. since the day I was born, I have paid
Ray. This is something we will never And I yield back. taxes my entire adult life, I was told
forget. And unfortunately, that X-Ray Mr. BILBRAY. Reclaiming my time. that my children, to get in-State tui-
was for another redheaded girl who was I mean, the American people are such a tion, I had to show a personal tax re-
in the same physical group that had patient, humanitarian people that turn. But somebody that they suspect
their physicals, and so I felt very sorry maybe sometimes we forget theres a is an illegal alien doesnt have to show
for her, who was also marrying an fine line between being the nice guy their personal records; they just have
American, but she was not going to be and being a patsy. My mother immi- to show utility bills. And when I said,
allowed to come to the United States grated from Australia. She got her citi-
Ill show you my utility bills, Ill show
zenship, and shes very proud that she
because she had tuberculosis. But, you all the way back to the 70s; oh, ex-
was one of the first Australian war
praise God, it wasnt my wife. cuse me, sir, you dont qualify because
So we paid our fee. We took our phys- brides to get her citizenship, April 1946.
we dont think youre illegal.
And when she sees that there are not
ical examination, we had the back- So if the American people think this
only illegals in the country saying
ground check which is required for all is just about illegals and just about,
they want to be legalized, they want
people coming into the United States, you know, 12- to 20 million, theyve got
amnesty, what shocks her is that the
and then when we arrived in the United to remember that they are going to be
United States allows people to be here
States, in those days every year you illegally and demand, demand that put in a position of having to prove
had to register with the Federal Gov- America change its laws to accommo- more than somebody who is illegally in
ernment. Every person who was not a date them because they do not want to this country; that American citizens
citizen but had a green card, between play by the rules. will become second-class citizens to
January 1 and January 31 you went What other Nation on Earth would those who are not even citizens and not
down to the post office and you filled allow people to be illegally in their even legal. This is how absurd this line
out a form every year and told the country and then demand that their goes if you follow Mr. KENNEDY off the
United States Government where you duly elected representative govern- edge.
were if you were a green card holder in ment modify its statutes to accommo- And remember, this is the same man,
the United States. We dont have that date them because they do not want to in 1986, that said no more amnesties
provision anymore. It went away. be bothered by following the laws of anymore. I guarantee it. That is a sad
We did all those things. My wife their host country? state of affairs that the American peo-
learned American history. She learned What kind of relationship do we ex- ple are facing, that same big lie, 20
the English language. In the meantime, pect to come from a situation to where years later. And its time we say no.
she had three American children, but we accommodate people who come to And Im so proud, I am so proud to be
she still met all the qualifications that this country illegally, while we tell an American, knowing that the Amer-
you had to have to get to be an Amer- those patiently that want to come here ican people called those Senators, e-
ican citizen. And in 1976, I was very legally, sorry, you get put on the back mailed them, faxed them and wrote
proud to see my wife raise her right of the list? them to where the Senate, rather than
hand and take the oath of allegiance to And, you know, Im very impressed. trying to cram this through this week,
the United States of America and be- Learning a new language is always a were forced to back off and give some
come a United States citizen. And I am big challenge, and your wife did that. time. And now this next week the
proud of her for many, many reasons, My wife didnt immigrate from a for- American people will have more time
and thats one of them today. eign country. She came from New Orle- to read the fine print, read about
Thats how you do it to do it right, to ans, and were still trying to under- things like in-State tuition and loans
do it legally, and to become part of stand some of the things she says. My to illegal aliens, and read about what is
what this mysterious wonder that is mother immigrated from Australia, really in this bill and how bad it really
America. Its not to sneak across a bor- and the Australians are going to have is.
der in the middle of the night and hide to learn English someday themselves. And Id like to yield back to the gen-
out as a lawbreaker to make money. But I think the real sad fact is that tleman from Texas.
Thats not the way youre supposed to there are actually people that think Mr. CARTER. And I thank the gen-
come into the United States of Amer- that theres some good that can come tleman for yielding. There are a lot of
ica. out of this not only for America, but interesting things in this bill that com-
And as you pointed out, we have a for the immigrants and immigrants mon sense tells you that nobodys
procedure where people legally come around the world if we think breaking thinking about this. Ill just give one
here by the millions, and we welcome the law is now going to be a standard. example. They have told us that there
them. If you want to live in a country where are people that have been waiting le-
And let me point one more thing out, their law is bought and sold and shifted gally, and theyre going to make sure
and then Im going to yield back, and around by politicians just for political that these illegals will get behind those
that is here about a month ago we had expediency, theres a lot of countries people, and it will take approximately
about, I dont know, looked like sev- you can go to. Those countries tend to 8 years to process these people.
eral hundred people walking around be poor, downtrodden, and poverty- Now, I just sat down and looked at it.
this building with T shirts on that said stricken, and, by the way, happen to be If you take the people that are in the
Legalize the Irish. And I stopped the places that a lot of these illegal pipeline right now, and I dont remem-
some of them in the elevator and said, immigrants are coming from. But why ber the number, but its a couple of
what in the world does that mean? And transfer that corruption from those million, I think, and were going to
they said, well, were all here illegally, Third World countries into this coun- process them over 8 years to get them
try and destroy the mothers milk of processed in doing it the right way,
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and we want to be made legal.


This is not an Hispanic issue. This is freedom, the concept of the rule of law, these are people doing it the right way,
an issue for the people who came to while at the same time youre saying and I can tell you this, I know this for
Disneyland and never went home. This that the economic backbone of free- a fact. The last time I checked, which
is the people from all over the world dom, the middle class, is expendable at was about 3 months ago, those people
that have overstayed their visas and the same time? we were helping who were doing it

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5717
right processed their papers through And there isnt any trust in the Amer- wave being caused by another ill-fated
the San Antonio office, which is where, ican people when it comes to the Fed- amnesty scheme. Thank you very
our part of Texas, I live just north of eral Government enforcing our immi- much.
Austin, San Antonio office, they were gration laws. There isnt any credi- Mr. CARTER. If the gentleman would
still working on 1999 and 2000. They bility in the Federal Government when yield, I am very honored to appear here
may be up to halfway to 2001 right now. it comes to stopping illegal immigra- with you, Mr. Chairman, with all the
So theyre 7 or 8 years behind. So they tion. great work you are doing on the Immi-
got the number right. The American people believe, and gration Caucus trying to come up with
Now theyre going to tell us that rightfully so, that special interests ma- a solution to this illegal immigration
theyre going to take 12 million and in- nipulate the Federal Government to in this country. I salute you and all of
stantly process them for a Z visa. stop illegal immigration from being our colleagues who join you in this ef-
About 18 months they say itll take. So controlled in the past, and that unless fort to come up with reasonable solu-
that tells you right off that the stand- they really scream loud and start hold- tions for a very difficult problem.
ards have got to be different. They ing elected officials accountable at the I want to join you in saying to the
have to be different. polling box, that they are going to con- world, we are asking the rule of law to
And I was asking questions of some- tinue to have that type of corruption prevail. Its very simple. This Nation
one who seemed to have some knowl- delivered to them when it comes to the was built on the rule of law. Let the
edge of the bill, and he said, well, you immigration issue. rule of law prevail. And the rule of law
take a full handprint, you run it I want to just say clearly, a lot of
does show compassion on the poor and
through all the criminal records, and people say why am I feeling so strong
the downtrodden, but it has to exist or
you find out whether theyve got a on this concept of amnesty? Why cant
they have no protection. And if we
criminal record. Well, if thats so easy, we just do it one more time? Let me
start to tear down the rule of law, it is
why is the number one answer that we tell you something. I have talked to
going to be as harmful to those who are
get from the Immigration and Natu- people south of the border and in Third
downtrodden and poor as it is to the
ralization Service when we call them, World countries all over the world. And
if people would take the time to listen. richest man in the world because the
why are we delayed, FBIs got to do rule of law is the basis of our Republic.
background checks? These things are To give an example, a congressman
in Zacatecas, Mexico, a Mexican con- So I reach out to the Hispanic com-
extensive. They take a long time. Wait munity who feels like this is targeted
a minute. Take a full handprint and gressman, says to me, Look, BRIAN,
you know you have got to educate to them and say, no, it is targeted to
run it through the records. Thats what all who come into our country ille-
were told were going to for these Z these people because we all down here
know you are going to give amnesty gally. I reach out to those friends back
visas. Thats not enough for the legal home that say be compassionate, and
people, but it seems to be enough for again. They are all going to be U.S.
citizens. Why do you think they are say to them we can be compassionate.
the illegal people. Lets get law and order back in our
How about the fact that weve got coming up illegally? They know you
are going to reward them. land and then lets show compassion.
diseases south of our southern border
You go down to places like Central But law and order must come first. It
which are incurable, like a strain of tu-
America. They say, Look, we are told is what this country was built on.
berculosis? Shouldnt everybody thats
come on up now. America is going to Mr. BILBRAY. I would like to close,
here have a medical check? Where is
give us amnesty. We are going to be- Mr. Speaker, by announcing that the
it? Is it going to be there? It doesnt
come citizens. The way to America is American people have really spoken
sound like it is.
Mr. BILBRAY. Not even mentioned. come illegal. That message is being this week, stopped the Senate from
Mr. CARTER. Not even mentioned. heard around the world. We need to forcing something through the Senate.
So, you know, I think there was some send a clear and defined message that And not only that, they have sent the
good-hearted people tried, but they says no more amnesty, no more re- message to their Members of the House
tried miserably on this bill. The Amer- wards for illegal behavior. You want to of Representatives. And I would like to
ican people want to take our time and be an American? You follow the law announce today that this week, be-
do this right. And right now their con- and play by the rules. If you are not cause of all the reaction and the back-
cern, if you ask them, you dont hear willing to do it, we will never give am- lash against the Senate amnesty
them say, I want new immigration pol- nesty again. And, believe me, if we scheme, five new Members have joined
icy. You hear them say, I want the ille- send that clear message, if we stop this the Immigration Reform Caucus in the
gal immigration problem stopped, amnesty, people around world will fi- House of Representatives. And I am
which means pour the resources to the nally understand, no, it is no longer very happy to welcome new Members
border, pour the resources to law en- the option to come here illegally. You in that are committed and working
forcement, enforce the laws that are on have got to play by the rules. hard to be able to finally do the right
the books. And then when the Amer- And then and only then will we see thing on illegal immigration and start
ican people say, you know what, we the ability to control not just our bor- enforcing our laws the way the Amer-
can trust our government again to en- der; but our neighborhoods, our jobs, ican people want to do; securing our
force the law, thats when they will be our parks, our hospitals, our schools, borders and securing our neighbor-
willing to say, now lets work with are finally going to be ours, and those hoods and securing our future for our
coming up with alternatives to make that we choose to be our neighbors, not grandchildren.
this whole thing work. And we can do somebody who snuck in and stole away
it right the next time. in the middle of the night. f
This is the wrong bill, the wrong I am so honored to stand here today
time and, as Ms. FOXX pointed out, with you, sir. I appreciate the hard
RECESS
shoved down our throat by the Demo- work that you have given the people of
crat majority. Texas and your district, and I look for- The SPEAKER pro tempore (Mr.
ward to working with you to make sure COURTNEY). Pursuant to clause 12(a) of
b 2345 that we present a workable, enforce- rule I, the Chair declares the House in
Mr. BILBRAY. Congressman, you hit able immigration policy that will stop recess subject to the call of the Chair.
on the real point. In a Republic where illegal immigration and not allow this Accordingly (at 11 oclock and 50
the governed get to choose the govern- proposal in the Senate to move in and minutes p.m.), the House stood in re-
ment, trust is an essential component. allow another illegal immigration cess subject to the call of the Chair.
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H5718 CONGRESSIONAL RECORD HOUSE May 23, 2007

NOTICE
Incomplete record of House proceedings. Except for concluding business which follows,
todays House proceedings will be continued in the next issue of the Record.

EXECUTIVE COMMUNICATIONS, transmitting the Departments final rule mitting the Administrations final rule
ETC. Death and Estates. [Public Notice: 5582] Magnuson-Stevens Fishery Conservation and
(RIN: 1400-AC24) received April 1, 2007, pursu- Management Act Provisions; Fisheries of the
Under clause 8 of rule XII, executive ant to 5 U.S.C. 801(a)(1)(A); to the Committee Northeastern United States; Northeast
communications were taken from the on Foreign Affairs. Multispecies Fishery; 2007 Georges Bank Cod
Speakers table and referred as follows: 1948. A letter from the Acting Assoc. Direc- Fixed Gear Sector Operations Plan and
1940. A letter from the Chief Counsel, tor, PP&I, Department of the Treasury, Agreement and Allocation of Georges Bank
FEMA, Department of Homeland Security, transmitting the Departments final rule Cod Total Allowable Catch [Docket No.
transmitting the Departments final rule Sudanese Sanctions Regulations; Iranian 070321063-7098-02; I.D. 031607E] (RIN: 0648-
Final Flood Elevation Determinations re- Transactions Regulations received April AV22) received May 18, 2007, pursuant to 5
ceived April 1, 2007, pursuant to 5 U.S.C. 10, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 801(a)(1)(A); to the Committee on Nat-
801(a)(1)(A); to the Committee on Financial the Committee on Foreign Affairs. ural Resources.
Services. 1949. A letter from the Director, Office of 1955. A letter from the Federal Liaison Of-
1941. A letter from the Counsel for Legisla- Personnel Management, transmitting the Of- ficer, Department of Commerce, transmit-
tion and Regulations, Department of Hous- fices final rule Allowances and Differen- ting the Departments final rule Cor-
ing and Urban Development, transmitting tials (RIN: 3206-AL07) received April 26, 2007, respondence with the Madrid Processing
the Departments final rule Public Access pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Unit of the United States Patent and Trade-
to HUD Records Under the Freedom of Infor- mittee on Oversight and Government Re- mark Office [Docket No.: PTO-T-2007-0005]
mation Act (FOIA) and Production of Mate- form. (RIN: 0651-AC11) received April 17, 2007, pur-
rial or Provision of Testimony by HUD Em- 1950. A letter from the Acting Director Of- suant to 5 U.S.C. 801(a)(1)(A); to the Com-
ployees [Docket No. FR-5015-F-02] (RIN: 2501- fice of Sustainable Fisheries, NMFS, Na- mittee on the Judiciary.
AD18) received April 16, 2007, pursuant to 5 tional Oceanic and Atmospheric Administra-
1956. A letter from the Regulations Coordi-
U.S.C. 801(a)(1)(A); to the Committee on Fi- tion, transmitting the Administrations final
nator, Department of Health and Human
nancial Services. rule Magnuson-Stevens Fishery Conserva-
Services, transmitting the Departments
1942. A letter from the Assistant to the tion and Management Act Provisions; Fish-
final rule Claims Collection (RIN: 0991-
Board, Federal Reserve System (Board), eries of the Northeastern United States;
AB18) received March 8, 2007, pursuant to 5
transmitting the Boards final rule Ex- Northeast (NE) Multispecies Fishery; Modi-
U.S.C. 801(a)(1)(A); to the Committee on the
panded Examination Cycle for Certain Small fication of the Yellowtail Flounder Landing
Judiciary.
Insured Depository Institutions and U.S. Limit for the U.S./Canada Management Area
Branches and Agencies of Foreign Banks [Docket No. 04011-2010-4114-02; I.D. 041707E] 1957. A letter from the Regulations Coordi-
[Docket No. R-1279] received April 10, 2007, received May 14, 2007, pursuant to 5 U.S.C. nator, Department of Health and Human
pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Natural Services, transmitting the Departments
mittee on Financial Services. Resources. final rule Salary Offset (RIN: 0991-AB19)
1943. A letter from the Principal Deputy 1951. A letter from the Assistant Adminis- received March 8, 2007, pursuant to 5 U.S.C.
Associate Administrator, Environmental trator for Fisheries, NMFS, National Oce- 801(a)(1)(A); to the Committee on the Judici-
Protection Agency, transmitting the Agen- anic and Atmospheric Administration, trans- ary.
cys final rule Approval and Promulgation mitting the Administrations final rule 1958. A letter from the Counsel for Legisla-
of Implementation Plans; Illinois [EPA-R05- Atlantic Highly Migratory Species (HMS); tion and Regulations, Department of Hous-
OAR-2007-0138; FRL-8302-5] received April 26, U.S. Atlantic Billfish Tournament Manage- ing and Urban Development, transmitting
2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment Measures [Docket No. 070307055-7099-02; the Departments final rule Certification
Committee on Energy and Commerce. I.D. 022607F] (RIN: 0648-AV25) received May and Funding of State and Local Fair Housing
1944. A letter from the General Counsel, 18, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to Enforcement Agencies [Docket No. FR-4748-
Federal Energy Regulatory Commission, the Committee on Natural Resources. F-02] (RIN: 2529-AA90) received April 27, 2007,
transmitting the Commissions final rule 1952. A letter from the Assistant Adminis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com-
Standards for Business Practices and Com- trator for Fisheries, NMFS, National Oce- mittee on the Judiciary.
munication Protocols for Public Utilities anic and Atmospheric Administration, trans- 1959. A letter from the Administrator, De-
(Docket No. RM05-5-003; Order No. 676-B) re- mitting the Administrations final rule partment of Homeland Security, transmit-
ceived May 18, 2007, pursuant to 5 U.S.C. Fisheries of the Northeastern United States; ting notification that funding under Title V,
801(a)(1)(A); to the Committee on Energy and Northeast Multispecies Fishery; Total Al- subsection 503(b)(3) of the Robert T. Stafford
Commerce. lowable Catches for Georges Bank Cod, Had- Disaster Relief and Emergency Assistance
1945. A letter from the Director, Office of dock, and Yellowtail Flounder in the U.S./ Act, as amended, has exceeded $5 million for
Congressional Affairs, Nuclear Regulatory Canada Management Area for Fishing Year the cost of response and recovery efforts for
Commission, transmitting the Commissions 2007 [Docket No. 070227048-7091-02; I.D. FEMA-3274-EM in the State of Indiana, pur-
final rule List of Approved Spent Fuel 020807C] (RIN: 0648-AU63) received May 18, suant to 42 U.S.C. 5193; to the Committee on
Storage Casks: HI-STORM 100 Revision 3 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure.
(RIN: 3150-AH98) received April 1, 2007, pursu- Committee on Natural Resources.
1960. A letter from the Director of Reg
ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1953. A letter from the Deputy Assistant
Management, Department of Veterans Af-
on Energy and Commerce. Administrator for Regulatory Programs,
fairs, transmitting the Departments final
1946. A letter from the Assistant Secretary NMFS, National Oceanic and Atmospheric
rule Administration of VA Educational
for Export Administration, Department of Administration, transmitting the Adminis-
Benefits Centralized Certification (RIN:
Commerce, transmitting the Departments trations final rule Magnuson-Stevens Act
2900-AL43) received April 25, 2007, pursuant to
final rule Chemical Weapons Convention Provisions; Fisheries of the Northeastern
5 U.S.C. 801(a)(1)(A); to the Committee on
Regulations: UDOC Change in Inspection United States; Northeast Multispecies Fish-
Veterans Affairs.
Status Form; Amendments to Records Re- ery; 2007 Georges Bank Cod Hook Sector Op-
view and Recordkeeping Requirements; Ad- erations Plan and Agreement and Allocation 1961. A letter from the Director of Reg
ditions to the List of States Parties to the of Georges Bank Cod Total Allowable Catch Management, Department of Veterans Af-
Chemical Weapons Convention (CWC) [Dock- [Docket No 070322064-02; I.D. 030607E] (RIN: fairs, transmitting the Departments final
et No. 060831231-7030-02] (RIN: 0694-AD53) re- 0648-AV20) received May 18, 2007, pursuant to rule Medical: Informed Consent Des-
ceived April 10, 2007, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on ignate Health Care Professionals to Obtain
mstockstill on PROD1PC66 with HOUSE

801(a)(1)(A); to the Committee on Foreign Af- Natural Resources. Informed Consent. (RIN: 2900-AM21) received
fairs. 1954. A letter from the Assistant Adminis- April 1, 2007, pursuant to 5 U.S.C. 801(a)(1)(A);
1947. A letter from the Assistant Secretary trator for Fisheries, NMFS, National Oce- to the Committee on Veterans Affairs.
Legislative Affairs, Department of State, anic and Atmospheric Administration, trans- 1962. A letter from the Regulations Coordi-

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May 23, 2007 CONGRESSIONAL RECORD HOUSE H5719
nator, Department of Health and Human transmitting the Services final rule Sec- trations final rule Privacy and Disclosure
Services, transmitting the Departments tion 1274.-Determination of Issue Price in of Official Records and Information [Docket
final rule Child Care and Development the Case of Certain Debt Instruments Issued No. SSA 2006-0074] (RIN: 0960-AE88) received
Fund State Match Provisions (RIN: 0970- for Property (Rev. Rul. 2007-36) received May May 18, 2007, pursuant to 5 U.S.C.
AC18) received May 18, 2007, pursuant to 5 21, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to
801(a)(1)(A); to the Committee on Ways and
U.S.C. 801(a)(1)(A); to the Committee on the Committee on Ways and Means.
Ways and Means. 1964. A letter from the Acting Regulations Means.
1963. A letter from the Chief, Publications Officer of Social Security, Social Security
and Regulations, Internal Revenue Service, Administration, transmitting the Adminis-
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Congressional Record
E PL
UR M
IB NU
U

U
S

110 th CONGRESS, FIRST SESSION


United States
of America PROCEEDINGS AND DEBATES OF THE

Vol. 153 WASHINGTON, WEDNESDAY, MAY 23, 2007 No. 85

Senate
The Senate met at 9:30 a.m. and was U.S. SENATE, IRAQ
called to order by the Honorable BEN- PRESIDENT PRO TEMPORE,
Washington, DC, May 23, 2007. Mr. REID. Mr. President, I cannot let
JAMIN L. CARDIN, a Senator from the the day go by without at least ac-
To the Senate:
State of Maryland. knowledging a conversation I had yes-
Under the provisions of rule I, section 3, of
the Standing Rules of the Senate, I hereby terday afternoon with the father of an-
PRAYER
appoint the Honorable BENJAMIN L. CARDIN, other fallen soldier from Nevada. We
The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to lost two in 1 week. His boy just turned
fered the following prayer: perform the duties of the Chair. 19. I talked to his dad who was very
Let us pray. ROBERT C. BYRD,
sad.
Our Father in Heaven, we thank You President pro tempore.
I listened to the news this morning,
for the freedom we enjoy. Thank You Mr. CARDIN thereupon assumed the and nine American soldiers were killed
for freedom of the press, speech, reli- chair as Acting President pro tempore. yesterday in Iraq. So we are going to
gion, assembly, and petition. Thank continue doing what we can to have
f
You also for a government of the peo- the President change course in Iraq.
ple, by the people, and for the people. The present course is not working. We
RECOGNITION OF THE MAJORITY
Lord, today, bless the Senate and our need a plan to bring our soldiers home.
LEADER
Nation. Deliver us from internal and
The ACTING PRESIDENT pro tem- f
external forces that seek to destroy
our liberty. Give the Senators strength pore. The majority leader is recog- RESERVATION OF LEADER TIME
and wisdom. Help them to remember nized.
The ACTING PRESIDENT pro tem-
Your promise to keep them from temp- pore. Under the previous order, leader-
f
tation and to deliver them from evil. ship time is reserved.
Remind them that they face no test SCHEDULE
that You cannot help them pass. Let f
this Nation be a tool for the fulfillment Mr. REID. Mr. President, this morn-
MORNING BUSINESS
of Your purposes on Earth. Lord, let ing, following any time used by the
leaders, there will be a 60-minute pe- The ACTING PRESIDENT pro tem-
Your kingdom come, let your will be
riod of morning business. The majority pore. Under the previous order, there
done on Earth as it is in Heaven.
will control the first half hour and the will now be a period for the transaction
We pray in Your sovereign Name.
Republicans will control the second of morning business for up to 60 min-
Amen.
half hour. utes, with Senators permitted to speak
f Following this period of morning therein for up to 10 minutes each, the
business, we will resume consideration time to be equally divided, with the
of the immigration legislation. The first half of the time under the control
PLEDGE OF ALLEGIANCE of the majority and second half of the
next amendment to be offered this
The Honorable BENJAMIN L. CARDIN morning will come from the Repub- time under the control of the Repub-
led the Pledge of Allegiance, as follows: lican side. Yesterday, I announced that licans.
I pledge allegiance to the Flag of the the next Democratic amendment will The Senator from Rhode Island is
United States of America, and to the Repub- be that of Senator BINGAMAN relating recognized.
lic for which it stands, one nation under God, to the guest worker program. f
indivisible, with liberty and justice for all.
Members can expect votes through-
out the session today on the immigra- HEALTH CARE
f
tion bill. Mr. WHITEHOUSE. Mr. President, on
Also, I had a meeting with Senator Tuesday, I came to the Senate floor to
APPOINTMENT OF ACTING KENNEDY this morning. He indicated he present ideas on health care reform,
PRESIDENT PRO TEMPORE would like to work into the evening on particularly on the problem of fixing
The PRESIDING OFFICER. The amendments. So Senators should plan the internal operations of our broken
clerk will please read a communication to be here until at least 8 oclock to- health care system so that it runs bet-
to the Senate from the President pro night with votes. ter, at less cost, and with improved
tempore (Mr. BYRD). We are making progress on the sup- care.
The legislative clerk read the fol- plemental. It is not done yet, but we I suggested that three fundamental
mmaher on DSKCGSP4G1 with SOCIALSECURITY

lowing letter: are very close. things are wrong with our health care

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

S6495

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S6496 CONGRESSIONAL RECORD SENATE May 23, 2007
system: One, it doesnt adequately pro- system is acrid with soured, angry re- to the payers. For its $400,000 invested,
vide quality care or invest in preven- lationships. When I was attorney gen- a hospital actually stood to lose money
tion; two, the system doesnt have ade- eral of Rhode Island, negotiations took from shorter intensive care unit stays
quate information technology infra- place between one of our major hos- and fewer procedures.
structure; and, three, the way we pay pital chains and our major health in- For hospitals, truly pushing that
for health care sends perverse price sig- surer in my office. It was not because I quality envelope and striving for zero
nals that misdirect market forces. was a great mediator or that there was tolerance in infections in errors was
I am here today to speak about qual- a role for the attorney general in this, economically self-abusive behavior. It
ity reform, about those areas in our it was simply because they were so took the Christmas truce relationships
health care system where improving angry with each other that I needed to developed within the Rhode Island
the quality of care will lower the cost calm things down and keep them in the Quality Institute to overcome that ob-
let me repeat thatwhere improving room so the negotiations could pro- stacle.
the quality of care will lower the cost. ceed. For a bunch of reasons, through Now similar things are happening all
There is a lot at stake, in money and our Government policy to shortchange over the country, in little flickering
in lives. Up to 100,000 Americans die providers, through the perverse reward beginnings of reform. The easiest and
every year as a result of unnecessary structure of our health care system, best way to promote quality reform
and avoidable medical errors. By some and our HMO experiment, we have en- that lowers cost is to feed, with Fed-
measures these outcomes are even get- couraged combat among hospitals, doc- eral grants, a little kindling into these
ting worse. A 2003 article published in tors, and insurers, each trying to push flickering flames; to tend them gently
the New England Journal of Medicine with Federal encouragement and sup-
their costs onto somebody else rather
revealed that the rate of hospital-ac- port, to network them together to
than working together for the common
quired infections has actually in- share energy and information and
good.
So these local health care quality ideas, to have Federal officials clear
creased over 36 percent since 1999. This
initiatives from this toxic climate are away regulatory obstacles to their ini-
increase has occurred even though we
as marvelous as that spontaneous tiatives, and to report on the best and
have shortened the average length of
Christmas truce in World War I, when brightest ideas and successes that
stay in a hospital and decreased the
emergein a nutshell, to create a Mac-
number of inpatient surgeries. In other the soldiers began singing Silent Night
Arthur genius grant program to en-
words, infection rates rose that much across the barbed-wire wasteland, as
courage these efforts and to clear the
even though the opportunities for expo- they came out from the cold, muddy
way for them through the bureaucracy.
sure decreased. trenches to share cigarettes and My legislation proposes a Federal
Pennsylvania has recently chronicled schnapps with the enemy, men they grants program to do just that. A little
hospital-acquired infection data for its had just been mustard-gassing and ma- money will go a long way. The CVS/
168 general acute care hospitals. The chine-gunning. Caremark charitable trust just guaran-
numbers are staggering: 19,154 patients Let me tell you about the Rhode Is-
teed the Rhode Island Quality Institute
acquired an infection while in the hos- land Quality Institute. By the time I
$500,000 per year for the next 5 years, a
pital in 2005, resulting in average com- became attorney general, I was already
great expression of business support
mercial insurance payments of $45,601 deep into health care, having served as and confidence, and it has made a
higher than for patients who did not insurance regulator, hospital trust ad- world of difference. Compare that half-
contract infections. That is big money ministrator, fraud prosecutor, and million-dollar yearly investment to the
that could be saved. health care reformer. I had seen first- savings from the Keystone project in
Remember the example I gave on hand the anger and the vitriol in the Michigan over a little more than a
Tuesday from Michigans intensive system. I had been successful in re- year, 15 months$165 million. What if
care unit reform. In a 15-month span forming the workers compensation every Quality Institute-type organiza-
between March 2004 and June 2005, the system and was optimistic about what tion got a half million dollars? There
project saved 1,578 lives. It saved 81,020 sensible reforms could do to repair a are somewhere in the neighborhood of
days patients would otherwise have broken administrative system. I saw 50 such organizations around the coun-
spent in the hospital, at great expense; common ground on how quality could try now. The total savings they can
and it saved over $165 million just in a lower cost. In 2001, I began to pull doc- generate could be hundreds of millions,
15-month period. tors, nurses, insurers, regulators, phar- billions of dollars perhaps, based on a
However, it is not easy to pursue macists, academics, and hospital ad- yearly investment of perhaps $25 mil-
these quality reform initiatives. Fund- ministrators together. Over many lion.
ing is scarce, collaboration is required months, we developed a concept of a Dont forget, it is not just money.
in an environment where people are statewide collaboration that would The Keystone project saved over 1,500
pretty mad at each other, and the eco- focus on producing significant, measur- lives. Quality reform is already on the
nomics are perilous. When doctors and able improvements in health care qual- march in local communities. To make
hospitals go to the trouble to figure ity, safety, and value in Rhode Island. a significant difference, we need do no
out quality reform and implement it The Rhode Island Quality Institute was more on the Federal level than support
and pay for it, the effect on them is born. these initiatives, encourage new ones,
lowered revenues. Investing time and Since then we have made significant transmit best practices and ideas, and,
effort and capital in projects that re- progress in e-prescribing, electronic when necessary, secure waivers for
duce your revenues is not a great busi- health records, ICU infection rates, and them to help realize the promise of
ness model, but that is our health care health information interoperability. quality reform in both lives saved and
system. This happened because the Quality In- dollars saved.
Thankfully, efforts to pursue quality stitute is a place where health care I will close today by noting that if we
reformin all these indicated States leaders can work through health care can do three things togetherquality
and locations on the chartare flick- problems, despite economic signals reform, health IT investments, and re-
ering to life around the country, in that punish them for doing the right imbursement alignmentthey will re-
local initiatives such as the Puget thing. inforce each other and compound the
Sound Health Alliance in Washington, For example, in Rhode Island, our beneficial effects. Remember, health
the Utah Health Information Network, hospitals are pursuing a quality im- care is a dynamic system and cannot
mmaher on DSKCGSP4G1 with SOCIALSECURITY

the Indianapolis Network for Patient provement project in every intensive just be told what to do. We have to
Care, and our own Rhode Island Qual- care unit in the State, modeled on the identify the problems, find their
ity Institute. These groups have gath- Michigan program. The Rhode Island causes, and repair them. That is not a
ered health care industry players to- ICU program had a significant hurdle partisan or even a political effort; it is
gether to seek the holy grail of im- to overcome, however. The cost was ex- a repair job, and it has no more a
proved care at lower cost. pected to be $400,000 per year to be Democratic or a Republican nature to
The fact that this is happening is borne by the hospitals. The savings, es- it than an engine tune-up or a plumb-
itself a small miracle. The health care timated to be $8 million per year, went ing repair. We should work together on

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6497
this issue to get it right. Hundreds of It is time that we act and pass the The ACTING PRESIDENT pro tem-
billions of dollars are at stake, and ter- Cantwell-Smith bill, which we will pore. The clerk will call the roll.
rible consequences await American have a chance to do when we return The legislative clerk proceeded to
families and businesses as health care after the Memorial Day recess. This call the roll.
costs mount if we fail in our duty. legislation is based on a New York law Mr. GRASSLEY. Mr. President, I ask
While we still have the time before the that has been held up in the courts and unanimous consent that the order for
economic, fiscal, and health con- gives the Federal Trade Commission the quorum call be rescinded.
sequences become too urgent for delib- the ability to do the job that is needed The ACTING PRESIDENT pro tem-
erate action, let us not fail in our duty. to investigate potential market manip- pore. Without objection, it is so or-
Let us grasp the controls of change. ulation and price gouging. Many of the dered.
I yield the floor. statutes that are on our books today The Senator is recognized.
The ACTING PRESIDENT pro tem- are inadequate for looking at markets f
pore. The Senator from Washington is when there is a tight supply. IMMIGRATION
recognized. I heard a great deal about supply and
f demand during the Western energy cri- Mr. GRASSLEY. Mr. President, I am
sis. For probably my entire first year going to use time in morning business
ENERGY PRICES in office, that is all we heard about to discuss the very important bill that
Ms. CANTWELL. Mr. President, I from various people who wanted to say is before us that we will be going on in
rise this morning to talk about the that the Enron problems were nothing about 20 minutes, and that is the immi-
high gas prices we are seeing all over more than supply and demand and the gration bill. This sometimes is referred
America and certainly on the west failure to build more capacity. In fact, to as the grand compromise.
coast, where Washington State is pay- when it came down to it, there was a It is no secret that I have had con-
ing some of the highest gas prices in lot more to this question than lack of cern about the immigration issue, and
the Nation. supply in California. It turned out that now specifically this bill, and in my
My point this morning is that we are there were elaborate schemes to ma- opinion it contains an amnesty pro-
approaching the Memorial Day week- nipulate energy markets, with names gram. I know around here those who
end in which Americans will be remem- such as Death Star, Get Shorty, Fat are backing this grand compromise
bering loved one and wanting to spend Boy, schemes in which people delib- dont want us to use the word am-
time with their families, but this Me- erately took supply off line or manipu- nesty, but I think if it walks like a
morial Day might go on record as hav- lated it just to drive up prices by sup- duck and quacks like a duck, it is a
ing the highest gas prices in our Na- pressing supply. duck. So I am going to refer to it as
tions history. That means we in the My colleagues have worked hard in the amnesty program for illegal aliens
Senate need to act on energy legisla- the last several years to put into stat- already in the United States.
tion that not only diversifies us off fos- ute protections for consumers to make Not too many Senators today can say
sil fuels into more renewables and al- sure electricity and natural gas mar- they voted for the 1986 amnesty bill.
ternative fuels, as well as pass energy kets are not manipulated. This law is That was the Simpson-Mazzoli Act, the
conservation measures, it also means based on the same protections the present law we are amending. I did vote
we need to protect consumers with a Commodity Futures Trading Commis- for that amnesty bill, so, in a sense, I
strong bill that makes price gouging sion and the SEC use to make sure voted for amnesty. I am here to tell
and market manipulation of energy there is not manipulation in those you that I felt at that time as though
markets illegal. We need to assure that markets. Why not have the same pro- I were doing the right thing. I can also
there are tough Federal penalties on tection for consumers as it relates to tell you that now, looking at history,
the books so that any kind of market oil and gasoline markets? it was the wrong thing to do. I thought
manipulations will be met with fines I hope that when we return, we will then that taking care of 3 million peo-
and penalties. give great attention to this issue and ple illegally in the country would solve
I know many people think this is all not be swayed by those who think this the problem once and for all. I found
just about supply and demand. It is is a simple market-demand issue. If we out, however, if you reward illegality,
pretty hard to tell the people of Wash- want to protect the consumers of this you get more of it. Today, as every-
ington State it is just about supply and country, we will pass a strong law that body has generally agreed, we have 12
demand when we have five refineries in gives the ability for Federal regulators million people here illegally.
the State of Washington and most of to do their job. I believe there are real I did believe that bill would solve our
our oil comes from Alaska. And people U.S. jobs, pensions, and businesses on problems, but it was not only short-
say we are an isolated market. In fact, the line if we do not act and act aggres- sighted, the one we passed 20 years ago,
there are schools in our State that are sively. The American people want to it turned out to be unworkable. It was
feeling the brunt. One of the school dis- know that the Senate is going to stand soft on enforcement and weak on legal
tricts in the Yakima Valley, where up and do something about these reforms. We believed a legalization
buses travel more than 2,200 miles each record gas prices. They want to know component was in the best interest of
day, will have to spend about $125,000 that they are paying a fair and market- the country.
more this year on fuel. That is revenue based rate for fuel and that they will The American people, myself in-
which could go to books or hiring continue to have the transparency in cluded, thought that illegal immigra-
teachers or other needs for the school. oil markets to make sure prices are tion would decline with an amnesty
In Spokane, the volunteers for Meals reasonable and affordable, and they program. We were wrong. The 1986 leg-
on Wheels, which usually delivers 350 want to be sure we are empowering the islation failed us, as well intended as it
meals a day to homebound elderly and right people to make sure an investiga- was. That was not a bill that went
disabled residents, are having to cut tion takes place. through very quickly. That bill was
back on their routes. Another con- As I said, there is much that we need worked on over a period of 6 years, as
stituent called the office to say he was to do in the near term and the long we have been working on other immi-
having trouble paying for gas he need- term for our energy markets to diver- gration legislation at least over a 3- or
ed to make the 80-mile round trip to sify and to give consumers real choice 4-year period of time.
the Tri-Cities to get kidney dialysis for at the pump, to make sure we are in- Today we are back as a body we call
his wife. That loving husband said he vesting in conservation and fuel effi- the Senate to put another bandaid on
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was either going to have to quit his job ciency. But in the meantime, with this issue. I dont blame the American
or move closer to the facility so they tight energy markets, we need to make people for being angry or rejecting the
could avoid paying high prices of gaso- sure we are giving consumers the pro- promises some are making that we will
line. So while the pundits are talking tection they need and to pass this leg- enforce our laws from now forward be-
about just supply and demand, my con- islation when we return after the re- cause I heard that same thing in 1986
stituents and many constituents across cess. from now forward. I think it is fair to
this country are feeling the pain at the I yield the floor, and I suggest the ab- say the people of this country are cyn-
pump. sence of a quorum. ical on this issue. They dont have any

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S6498 CONGRESSIONAL RECORD SENATE May 23, 2007
faith that the law is going to be en- these agents. But the trigger doesnt We got it partly implemented, but the
forced. require that the agents be trained and administration decided on their own
One specific aspect of this bill that is stationed and doing their job. that the exit portion was not worth the
so concentrated on enforcement, first, Third, the trigger says we have to cost, so that 1996 mandate still remains
before we do anything else, is called construct 370 miles of real fence along ignored.
the trigger mechanism. I am going to the border. I understand this construc- After 10 years, for us in Congress it is
talk about that trigger mechanism. Be- tion is currently underway. Congress still like pulling teeth, trying to get an
fore I get to the amnesty program and authorized 700 miles of fencing in the implementation schedule out of the
trigger, I want to point out that the Secure Fence Act of last year. We also agency bureaucrats. I think we should
trigger that is included in this sub- provided billions of dollars for fencing be ashamed that is not done yet. This
stitute, the trigger says the Y and the and infrastructure last year. Why trigger is not legitimate or worthy of
Z visa program would be subject to a doesnt the trigger require that all 700 the tradition of Roy Rogers. It is only
trigger. I wish to point to the famous miles has to be constructed? a coverup for amnesty.
Trigger, Roy Rogers Trigger. I think The trigger also says the Department I wish to address the flaws that I
everybody knows about that Trigger. I of Homeland Security needs resources found in title 6, the part of the bill that
point to that because I think, if Roy to detain up to 27,500 aliens per day on gives probationary status and Z visas
Rogers were here todayand he has an annual basis. If they are caught, you to illegal aliens currently in the United
been dead about 20 yearshe would have to have someplace to secure them. States. I am simply going to list my
say: Boys, saddle up. There is going to The problem is these spaces are full top 15 flaws. I dont have time to go
be a rough ride ahead for us. this very day. into them in great detail. I will be glad
The Trigger is coming in handy How do these trigger actions, then, to supply more detail if people want it.
today. He first galloped into this add to our present day enforcement? No. 1, probationary benefits are not
Chamber when I used Trigger during The impression is left by the author of subject to the trigger. Probationary
a budget resolution because there is a the triggerand I think it is the intent benefits, including work authorization,
trigger in the budget resolution just of that author and the grand com- protection from removal, and a Social
adopted. Now Trigger is back for the promisethat all these security pro- Security number are granted to illegal
immigration debate because there is a visions are going to be in place before aliens immediately, even if the aliens
trigger mechanism in this bill. any of the other provisions of the law, background check is not complete. I
You can see from the chart that Trig- such as allowing legality of people here wish to emphasize that pointeven if
ger is a very impressive-looking horse. illegallybefore those provisions can the aliens background check is not
He looks big and strong and probably go into effect. complete.
can help do some of the chores around Fourth, the trigger requires the No. 2, many criminal provisions may
the farm. I am sure my grandkids United States to end what we call the be waived. Numerous criminal provi-
would like to ride Trigger, if they knew catch-and-release practice. Maybe it is sions are waived for eligibility pur-
he was safe to ride. This horse and its late-breaking news to some around poses. For example, an alien who false-
rider look very safe and confident. But here, but we ended that practice al- ly claimed U.S. citizenship would be
I wish to make the point, in this bill, ready. Secretary Chertoff was on TV, considered eligible for amnesty, even
with a trigger mechanism, we cant telling the world on August 23, last though it is a crime.
trust the trigger in this bill. It is false year, that he ended catch and release. No. 3, background checks are taken
and it is misleading and that is what I However, further along in the bill it too lightly. An illegal alien can apply
wish to point out. saysand it is referred to as OTMS, for probationary status and a Z visa
I have heard Members of this body other than Mexicanscan be re- without thorough background checks.
talk about how amnesty would not leased into our community on a $5,000 Immediately after the bill passes, the
start until the trigger is pulled. It says bond. The policy of catch and release alien can apply for probationary legal
on page 2, with the exception of the will not end. This part of the trigger in status and receive a card, even if the
probationary benefits, the Y and Z my judgment is false and misleading. aliens background check is not com-
visa programs cannot start until cer- There is a lot missing from the trig- plete.
tain actions and certain items are com- ger. For example, title I of the com- No. 4, illegal aliens are protected
pleted. So 12 million illegal aliens will promise has border security require- from removal. If an alien is in removal
apply and likely get a probationary ments, but they are not in the trigger. proceedings or being detained at the
card. This card gives the illegal alien a The bill requires the Department to time of enactment, the alien can still
work authorization, a Social Security have a national border security strat- apply for amnesty. Aliens who apply
number, and protection from removal. egy and surveillance plan. One would for amnesty cannot be detained or de-
That is problem No. 1. Amnesty is think a plan is necessary right away in ported while their application is being
given away before we even get to the order to secure the borders, not after processed, essentially giving them im-
trigger. the trigger is pulled. munity from justice.
I wish to talk about four of the key The trigger does not include author- No. 5, terrorists and criminals can
actions that the trigger requires. First, izations for a number of Homeland Se- apply for amnesty. The Secretary of
it requires the establishment of an curity personnel. While the bill re- Homeland Security is allowed to waive
electronic employer verification sys- quires the Department to hire more in- the grounds of ineligibility for those
tem. I am a champion for that con- vestigators for alien smuggling and who have an outstanding final adminis-
ceptmake the employer responsible more interior enforcement personnel, trative order of removal, deportation
for making sure the person is legally in these requirements are not part of the or exclusion. Currently, there are more
the country. In fact, I wrote title III trigger. than 637,000 alien absconders in the
last year. It could be a very solid en- I think, before an amnesty starts, we United States who have defied orders
forcement tool. But the trigger only should require interior enforcement to leave.
says it needs to be established. It says measures to be met. Our national secu- No. 6, taxes. Illegal aliens are re-
nothing about requiring all businesses rity is not just a border issue. quired to provide the Internal Revenue
to use it. Under the compromise, em- Finally, I think the trigger should in- Service information about tax pay-
ployers would not be forced to use it clude something we have been trying ments only when applying for legal
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until up to 3 years after the date of en- to do since 1996, after the first attacks permanent residence if that avenue is
actment. on the World Trade Center. Congress pursued. Illegal aliens can skirt the
Second, the trigger says that 18,000 enacted a law that requires an entry Federal, State and local tax laws be-
Border Patrol agents have to be hired. and exit system to track all foreign cause it is not a requirement to prove
According to the Department of Home- travelers. That is known as the US- one has paid outstanding tax liabilities
land Security, we already have 14,000 VISIT Program. We had to endure an- to get probationary or Z status.
agents, so the trigger requires that other attack in 2001 before people took No. 7 limits eligibility to illegal
4,000 more are hired. Sure, we can hire the entry and exit system seriously. aliens. It creates a Z nonimmigrant

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6499
visa program for illegal aliens and ille- nesty because I heard that 20 years ago. (b) EFFECTIVE DATE.The amendment
gal aliens only. No one else is eligible I will not hold my breath. Nobody is made by subsection (a) shall
for this program, particularly those making any promises that this is the (1) take effect on the date of the enactment
of this Act; and
waiting their turn in line. Also, there last amnesty, and that is because we
(2) apply to all visas issued before, on, or
is no cap on the number of eligible par- all know amnesties will continue. We after such date.
ticipants. are on a path to make what I consider
No. 8, indefinite renewal of the Z Mr. GRASSLEY. Madam President,
a mistake that I made in 1986. We
nonimmigration visas. Z nonimmigrant the amendment I have before you is
ought to get it right and focus on the
visas are valid for 4 years and may be dealing with an issue I just described in
long-term solutions to this problem.
renewed indefinitely. This is a dis- So I am going to be offering some morning business as one of 15 flaws in
incentive for illegal aliens to pay the amendments to fix some of these 15 a very important part of this legisla-
$4,000 penalty, touch back to their own flaws, but I am not sure it can be re- tion. This amendment is going to re-
country, and prove that they paid their paired at the end of the day. It is my vise current law related to visa revoca-
taxes or receive a very important med- plan, when we go into the bill, to offer tion for visa holders who are on U.S.
ical exam. an amendment, to lay an amendment soil.
No. 9, health standards are ignored. before the body. Now, we have this situation which
No medical exam or immunizations are Madam President, I yield the floor. does not make sense. My amendment is
needed to get a Z visa. meant to bring common sense to this.
f
No. 10, there is no incentive to learn Under current law, visas approved or
English. There is no English require- CONCLUSION OF MORNING denied by a consular officer in some of
ment to get a Z visa. Each Z non- BUSINESS our embassies overseas would be non-
immigrant must only demonstrate an The PRESIDING OFFICER (Mrs. reviewable. In other words, what that
attempt to gain an understanding of MCCASKILL.) Morning business is consular office said would be final.
the English language upon the first closed. That person being denied a visa to
renewal of the Z visa. There are waiv- f come to this country would not have
ers even for that requirement. access to courts because consular offi-
No. 11, green card applicants are not COMPREHENSIVE IMMIGRATION cers have the final say when it comes
required to return to their home coun- REFORM ACT OF 2007 to granting visas and allowing people
try. Green card applicants, only for the The PRESIDING OFFICER. Under to enter a country. So if you are a con-
principal alien, must be filed in person the previous order, the Senate will re- sular officer and you believe somebody
outside the United States but not nec- sume consideration of S. 1348, which is a terrorist or a terrorist threat, you
essarily in the aliens country of ori- the clerk will report. can deny the visa, no review.
gin. The assistant legislative clerk read However, if that person gets a visa
The alien can then reenter, likely on as follows: and they come to this country and we
the same day, under a Z nonimmigrant A bill (S. 1348) to provide for comprehen- find out later on that they are a poten-
visa because it serves as a valid travel sive immigration reform and for other pur- tial terrorist and should not have come
document. Again, there are exceptions poses. here in the first place and you want to
for the requirement. Pending: get them out of the country as fast as
No. 12: Fault with these provisions.
Reid (for Kennedy/Specter) amendment No. you canbecause that is surely what
Fines are, quite frankly, false and mis- 1150, in the nature of a substitute. we would have done with the 19 pilots
leading. Not everyone is required to
AMENDMENT NO. 1166 TO AMENDMENT NO. 1150 who created the terror we had on Sep-
pay the $5,000 penalty. The principal
The PRESIDING OFFICER. The Sen- tember 11then that decision made
alien pays some fines and fees, and the
ator from Iowa is recognized. when the person comes to this country,
dependents only have to pay a proc-
Mr. GRASSLEY. Madam President, I that decision by the consular officer is
essing and State-impact fund fee. To
have an amendment at the desk that I reviewable in the U.S. courts.
get a green card, if an alien intends to
would like to call up. Now, everybody is going to say: Well,
pursue this route, a Z1 nonimmigrant
The PRESIDING OFFICER. The that just does not make sense. You
must pay a $4,000 penalty. Z2 and Z3
clerk will report the amendment. know, the same person over in some
aliens are only required to pay applica-
The assistant legislative clerk read foreign country wants to come here,
tion fees.
No. 13: Fines will not adequately pay as follows: and the consular officer says: We cant
for the cost of amnesty. The bulk of The Senator from Iowa [Mr. GRASSLEY], for let that person come here because he is
himself, and Mr. DEMINT, proposes an a potential terrorist threat. Well, then
the monetary fines are required at the amendment numbered 1166.
end of the program. All fines may be they do not get to come here and no-
paid in installments, and waivers are Mr. GRASSLEY. Madam President, I body can review that. But if that very
available in extraordinary cir- ask unanimous consent that the read- same person came here and we decided
cumstances. ing of the amendment be dispensed they shouldnt have been here in the
No. 14: Impact on State and local with. first place, then they have access to
government. State impact money will The PRESIDING OFFICER. Without our court system before they can be re-
be granted to States to provide services objection, it is so ordered. moved. Thanks to a small provision in-
for noncitizens only, instead of pro- The amendment is as follows: serted during conference negotiations
viding services to all citizens impacted (Purpose: To clarify that the revocation of on the Intelligence Reform and Ter-
an aliens visa or other documentation is rorism Prevention Act of 2004, the visa
by the large number of illegal immi- not subject to judicial review)
grants. Examples would be school sys- holder at that point has more rights
At the appropriate place, insert the fol- than he or she should have. I think
tems and health care services. lowing:
No. 15 and last: Revocations of ter- that is very obvious.
SEC. lll. JUDICIAL REVIEW OF VISA REVOCA-
rorist visas. You know that visas re- TION.
Now, the ability to deport an alien on
voked on terrorism groundsI am (a) IN GENERAL.Section 221(i) of the Im- U.S. soil with a revoked visa is nearly
talking about terroristsif a visa is re- migration and Nationality Act (8 U.S.C. impossible if the alien is given the op-
voked on terrorism grounds, it would 1201(i)) is amended by striking There shall portunity to appeal the revocation.
allow Z visa holders to remain in the be no means of judicial review and all that This section has made the visa revoca-
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United States and use the U.S. court follows and inserting the following: Not- tion ineffective as an antiterrorism
withstanding any other provision of law, in- tool.
system to appeal those terrorism
cluding section 2241 of title 28, United States My amendment would treat visa rev-
charges. Code, any other habeas corpus provision, and
The bill, including the amnesty pro- ocations similar to visa denials be-
sections 1361 and 1651 of such title, a revoca-
gram, does not address visa revocation tion under this subsection may not be re- cause the right of that person to be in
for any visa holder. viewed by any court, and no court shall have the United States is no longer valid. In
I would like someone to tell me that jurisdiction to hear any claim arising from, other words, if it was not valid for him
this is the last time we will do an am- or any challenge to, such a revocation.. to come here in the first place and it

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S6500 CONGRESSIONAL RECORD SENATE May 23, 2007
was not reviewable by the courts, and grants a visa to a person, and that per- tributing to the attacks on September
then they get here and for the same son makes his or her way where they 11. Nineteen hijackers used 364 aliases.
reasons they should not be herebe- were intended to come, to this great Those people who killed 3,000 people in
cause they are a terrorist threatthey country of the United States. After ar- New York and 300 people here at the
should not have access to our courts. riving in the United States, a consular Pentagon knew how to play the sys-
So this exception has made the visa office finds out that the foreign indi- tem. They had 364 aliases. Two of the
revocation ineffective as an antiterror vidual has ties to terrorism. Maybe the hijackers may have obtained passports
tool. My amendment would treat visa consular officer found out that visa from family members working in the
revocations similar to visa denials be- holder attended a terrorist training Saudi passport ministry. Nineteen hi-
cause the right of that person to be in camp or maybe the intelligence com- jackers applied for 23 visas and ob-
the United States is no longer valid. If munity just informed the consular offi- tained 22. The hijackers lied on the
they were originally denied a visa by cer that the visa holder was linked to visa application in detectable ways.
the consular officer, there would be no the Taliban or maybe our Government The hijackers violated the terms of
right to dispute; they would not be just learned that visa holder gave mil- their visas. They came and went at
here in the first place. lions of dollars to a terrorist organiza- their convenience.
I asked Secretary Chertoff about the tion before they applied for a visa. The 9/11 Commission pointed out the
problem with our current law on the These are all very good reasons for rev- obvious by stating:
visa revocation, and I want to quote ocation of a visa. If a person should not Terrorists cannot plan and carry out at-
from what he told the Judiciary Com- have received a visa in the first place, tacks in this country if they are unable to
mittee in March because I have been then the consular officer has to revoke enter the country.
working on this problem for a while. it. Well, I mean if they had the visa
To quote Secretary Chertoff: In the Midwest we call that common
then, you have to go to the trouble of sense.
The fact is that we can prevent someone
getting it revoked. The 9/11 Commission recommended
whos coming in as a guest. We can say You
cant come in overseas, but once they come
Three key points to consider: First, that we intercept terrorists and con-
in, if they abuse their terms and conditions the decisions to revoke a visa are not strain their mobility. This amendment
of their coming in, we have to go through a taken lightly. If a consular officer would do that. Allowing aliens to re-
cumbersome process. That strikes me as not needs to revoke a visa, the case is thor- main on U.S. soil with a revoked visa
particularly sensible. People who are admit- oughly vetted. In fact, the case is de- or petition is a national security con-
ted as guests, like guests in my house, if the cided back here in Washington, DC, at
guest misbehaves, I just tell them to leave;
cern and something the 9/11 Commis-
the highest levels. Second, consular of- sion would suggest is needed. We
they dont get to go to court over it.
ficers do not have the authority to re- should not allow potential terrorists
We can equate the role of homeowner voke a visa based on suspicion. A rev-
to that of a consular officer. Currently and others who act counter to our laws
ocation must be based on actual find- to remain on U.S. soil and get the pro-
and historically, all decisions by con- ing that an alien is ineligible for the
sular officers with regard to the grant- tection of our courts, stay in this coun-
visa. Third, consular officers give the try for years through the appeals proc-
ing, the initial granting of visas are
visa holder an opportunity to explain ess of seeking relief from deportation.
final and not subject to review. Rev-
their case. They may ask them to come Terrorists took advantage of our sys-
ocations shouldnt be treated dif-
to the embassy and defend themselves. tem before 9/11. We cannot let that hap-
ferently in the case of terrorists.
Why is this important to do? Con- So when a visa is revoked, it is very se- pen again. This amendment will be
sider visa revocations related to ter- rious business. But the current law helpful in making sure that doesnt
rorism. Consider the 2003 Government handicaps law enforcement and makes happen again.
Accountability Office report revealing it nearly impossible to deport the alien I hope my colleagues will support the
that suspected terrorists could stay in if they already made it to the United amendment.
the country after their visas had been States. I yield the floor.
revoked on the grounds of terrorism Current law allows aliens to run to The PRESIDING OFFICER. The Sen-
because of a legal loophole in the word- the steps of our countrys courthouses ator from Massachusetts.
ing of revocation papers. This loophole and take advantage of our system. Al- Mr. KENNEDY. Madam President, I
came to light after the Government lowing review of a revoked visa, espe- thank the Senator from Iowa.
Accountability Office found that indi- cially on terrorism grounds, jeopard- I see the Senator from Georgia and I
viduals were granted visas that were izes the classified intelligence that led know the Senator from New Jersey
later revoked because there was evi- to the revocation. It can force agencies wishes to speak on this issue. I will
dence the persons had terrorism links such as the FBI and the CIA to be hesi- speak briefly. Will the Senator agree to
and associations. tant to share any information. Current an hour of time on the amendment?
The FBI and the intelligence commu- law could be reversing our progress on Mr. GRASSLEY. Yes. Will the Sen-
nity suspected ties of terrorism in hun- information sharing, the very major ator let me check with our leadership?
dreds of applications. The FBI did not thing we did to make sure September Mr. KENNEDY. That is fine. We dont
share this information with our con- 11 didnt happen again. Prior to Sep- expect to vote at that time. I have been
sular officers in time, so the consular tember 11, the FBI and the CIA could informed by the leader we are going to
officers granted the visas. So I suppose not share information. Now they can, try to do this amendment, then the
at that point you cannot blame the in hopes that we will stop September 11 Bingaman amendment, and then vote
consular officers when they did not from happening again. But if all this on both at 2 oclock. I wont propose
have the information the FBI should information is going to get out through that as a time, but if the Senator
have given to them. So then when they the court system, one of two things would think in those terms, we will go
got the derogatory information about will occur: It isnt going to be given to ahead with other Senators and then
these individuals from the FBI, then it the State Department in the first come back to the Senator from Iowa.
was too late. They had already been place, or, secondly, if it is given and it Mr. GRASSLEY. Madam President,
granted visas. They were already here. gets into the court system and gets may I say to the Senator that it is not
The consular officers then had to go out, we are going to have a damper put my idea to take a long time, but I was
through the process of revoking the on the sharing of information. asked to offer my amendment now by
visas. What the Government Account- We ought to be able to make sure a the leadership. I want to check with
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ability Office found was that even terrorist doesnt get into this country them.
though the visas were revoked, immi- without exposing the source of our in- Mr. KENNEDY. I thank the Senator.
gration officials could not do a thing formation and, once here, get them The PRESIDING OFFICER. The Sen-
about it. They were handicapped from out. We need to secure this country, ator from Georgia.
locating the visa holders and deporting and we need the ability to revoke visas Mr. ISAKSON. Madam President, in
them. without terrorists or criminals seeking deference to the distinguished Senator
I wish to give you an example of how relief from deportation. I remind my from New Jersey, I will only be a
this hurts us today. A consular officer colleagues of our poor visa policy con- minute.

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6501
To the distinguished Senator and my Let me start off with the Grassley Mr. MENENDEZ. I am happy to
ranking member on the Finance Com- amendment. I rise in strong opposition yield.
mittee and my dear friend, I commend to the amendment. It abolishes the Mr. KENNEDY. I listened with great
him on his words and his effort. I do lastunderlinedremnant of judicial interestI hope our colleagues areto
want to correct or at least amplify on review on visa revocations. During the the point the Senator from New Jersey
a simile he used in his remarks where course of this week and the week when is making. I wish to ask his comment
he had the picture of a stuffed horse we come back, we are often going to on a situation. Some months ago we
named Trigger and made an analogy to hear terrorism invoked as the reason had a raid in New Bedford, MA. The
the triggers in this bill. we must act in certain ways. Some of people were picked up. They were sent
I have worked for 18 months on these those ways ultimately undermine the up to Fort Devons and flown out of
triggers. They actually are a com- essence of the Constitution of the there, and many of them were trans-
plement to what he wants to do in United States and the equal protection ported to El Paso. Then some of them
terms of deporting people who are in clause. I think it is a false choice to be were deported. I have in my hand a
this country on expired visas. One of put in a position between the sugges- May 3 article from the Boston Globe.
the triggers in the bill that is a pre- tion of terrorism and the suggestion The headline is U.S. Deports Wrong
requisite to any of the rest of the bill that we should undermine the Con- Raid Detainee In Case of Mistaken
going into effect is a biometrically se- stitution. I raise that as a warning flag Identity.
cure ID which will prohibit exactly now, as we look at all other amend- A man arrested in the March 6 raid of the
what happened with the hijackers on 9/ ments that are going to be coming. We Michael Bianco leather factory in New Bed-
11, because every business, school, em- are going to hear a wide range of rea- ford was deported by mistake, Federal offi-
ployer, university, training center, and cials said yesterday. Juan Sam-Castro, a na-
sons why we should dramatically
tive of Guatemala, was taken for a man of
the like will be able to swipe that mag change judicial reviews, the essence of the same name, said the spokesman for the
tape, and if they have an expired visa, protection under the Constitution. I U.S. Immigration and Customs Service. As
they will know it. Secondly, because of hope our colleagues will understand soon as the Customs Service became aware,
the biometrics of a fingerprint, you that is a slippery slope to go down. we took immediate steps to bring Castro
cannot have a forged ID, nor can you I hope we are not going to undermine back to the United States. We are trying to
have a stolen ID, because the holder of due process, rule of law, and judicial locate him.
the stolen IDs print will not match. review, because they are not just lim- Here is an American citizen who has
With regard to the other triggers ited to suggestions on terrorism. been deported and they are trying to
and I appreciate the time of the Sen- Maybe if they were limited only on locate him. Is the Senator not saying
ator from New Jersey to amplify on the that, we could consider supporting that in the situation where last year
remarks I made yesterdaythe trig- such amendments. But it is elimi- we deported 187,000 individuals and
gers in this bill provide 2,700 redundant nating judicial review totally, as it re- even in the last few weeks where we
miles of barriers and visual security on lates to visa revocation. have this kind of mistake, at least
the border, more miles than there are Right now what is the law? Right some opportunity for an expedited kind
on the common border; 18,000 Border now judicial review of a visa revoca- of a review that effectively is not slow-
Patrol agents; 27,500 beds to detain tion is already severely restricted. In ing the process down with this indi-
anyone who is caught until their hear- fact, visa revocations are insulated vidual, between the time he was ar-
ing date comes forward; 375 miles of from any judicial review when the visa rested and the time he was deported,
barriers; 1,640 miles of ground posi- holder is outside of the United States was very few weeks, let alone the time
tioning radar; 600 miles of constant and the consular officersthese are our he had the hearing, does this illustrate
surveillance in the air, plus all the representatives abroadhave excep- at least part of the points the Senator
ground sensors and the cameras that tionally broad authority to make rev- is trying to make with regard to the
allow those 18,000 agents, when they ocation decisions. If you are outside immigration service and the need for
are on duty, to immediately intercept the United States, you are not even at least permitting the kind of review
the people who are violating the bor- coming. You dont even get a chance at that currently exists? I do not believe
der, immediately put them in one of judicial review. Lets make that clear. we have had testimony to the contrary
the 27,500 beds, and hold them until The only area where limited judicial that this is an undue burden on the
their case comes up and they are de- review of visa revocation remains system.
ported. I have no qualm with the Sen- available is with respect to individuals Mr. MENENDEZ. Madam President, I
ators amendment whatsoever, but I who are in the United States and then appreciate the question and description
dont think it is exactly correct to are placed in removal proceedings as a from the Senator from Massachusetts.
make the reference to Roy Rogers result of the revocation. Then judicial In fact, it is clearly one elementone
horse as an analogy to the triggers in review is permitted in the context of very dramatic elementof the Govern-
this bill because, in fact, these triggers those removal proceedings, if revoca- ment acting wrongly: deporting some-
are meaningful. In their absence and in tion is the only ground for that re- one who had every legal right to be
the absence of the President seeing moval. here in this countrymaking that mis-
that they are done, Homeland Security This is a critical check on Govern- take, and then, realizing they made a
executing, and the Congress appro- ment authority to make arbitrary deci- mistake, are now trying to find that
priating, this bill self-destructs. It is sions. It is vitally important to allow individual whose life has been turned
the predicate upon which complemen- the court review of removal pro- upside down.
tary things such as the Senator is try- ceedings because a persons ability to In the process of doing that, under
ing to do actually are made more remain in the United States is at the amendment of the Senator from
meaningful and more helpful. stake. We know immigration authori- Iowa, they do not even have a chance
I appreciate the Senator letting me ties have on more than one occasion to go to court. So the human faces we
amplify on that. made a mistake in the persons case or are talking about here are real. That is
I yield the floor. the person may have compelling cir- not about terrorism.
The PRESIDING OFFICER. The Sen- cumstances that warranted consider- Now, let me give you another exam-
ator from New Jersey. ation by a judge. We have seen cases ple. The Senator from Massachusetts
Mr. MENENDEZ. Madam President, I time and time again that have so dic- gave a very vivid one. Let me give you
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have two purposes for rising at this tated and have said the Government is another example of what happens when
point. One is to speak to the amend- wrong, the individual is right. This we do not permit basic due process as a
ment offered by the distinguished Sen- would nullify that opportunity totally. part of our law.
ator from Iowa and then to speak sub- This amendment would eliminate the This amendment would eliminate ju-
stantively, as we get into a full debate last remaining remnant of judicial re- dicial review for all visa revocations
of comprehensive immigration reform, view. unnecessarily, and it unduly expands
to lay out some parameters I hope all Mr. KENNEDY. Will the Senator the already broad discretionary au-
of our colleagues will consider. yield on that point for a question? thority of the executive branch. Let me

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S6502 CONGRESSIONAL RECORD SENATE May 23, 2007
give you an examplea different case. interests. I urge my colleagues to op- Eastern Europe, and entirely prohib-
A foreign government that wants to pose it. ited East Asians and Asian Indians,
rein in one of their dissidents provides Now, let me speak more broadly stated that:
false information to the U.S. consulate about the overall immigration effort. Our capacity to maintain our cherished in-
that leads the consul to revoke the Since I have already heard some of the stitutions stands diluted by a stream of alien
visa. This is someone who is speaking commentaries on the floor, I think it is blood, with all its inherited misconceptions
against maybe a totalitarian regime, a important for us to have a framework respecting the relationships of the governing
dictatorship, people who are oppressing power to governed. . . . The day of unalloyed
of where this discussion, I hope, will go
welcome to all peoples, the day of indis-
peoples human rights, but they are in a civilized fashion that understands criminate acceptance of all races, has defi-
here in the United States. They got a the better angels within us. nitely ended.
visa, and they are here speaking out. From the congressional district I had Finallyto give you a sense of some
That government wants to make sure the honor of representing for over 13 of these things that have been part of
that person can no longer speak out, so years in the House of Representatives, our pasta 1925 report of the Los Ange-
they give false information to the con- one can see the Statue of Liberty. You les Chamber of Commerce stated that
sul, and the consul reviews it and can almost touch it. Ellis Island has Mexicans are suitable for agricultural
makes a factual determination: Do you been a gateway to opportunity for mil- work due to their crouching and bend-
know what. This looks right. Lets re- lions of new Americans. For me, it is a ing habits . . . , while the white is
voke the visa. shining example of the power of the physically unable to adapt himself to
That person, that dissident, strug- American dream, a place that launched them.
gling to make a difference in the lives millions down their own road to suc- That was in 1925.
of people in that countrywe want to cess. These are just a few statements from
see people like that challenging their As Americans listen to this debate, I the past that have taken issue with and
own systems; we want to see people hope they understand and are honest criticized the relatives and forefathers
like that fighting in their own coun- with themselveswhether their family of various segments of our Nations
tries so we never have to send our peo- was part of the men and women who population today.
ple abroadthat person does not even made the voyage on the Mayflower or We must all remember that just in
have one chance to make the case in a part of the millions who stepped off of the last Congress the House of Rep-
court of law that what is being said is Ellis Island or part of those who were resentatives passed H.R. 4437, better
false. brought to this Nation against their known as the Sensenbrenner bill. Be-
Exposing individuals in this country will or, if like my own parents, they yond the heated rhetoric that existed
to such arbitrary and capricious action came to this country fleeing tyranny during the debate on that legislation,
is un-American. We should be striving and searching for freedomwe all have the bill itself was shortsighted and
for more balance and more trans- a connection to immigration. even more mean spirited and would
parency, not less. America has a proud tradition as a have made felons out of anyone who
Let me say there is another case, a nation of immigrants and a nation of
case decided here in the United States was here in an undocumented status.
laws. History is replete with examples That bill would have also criminalized
in June of last year, where a U.S. Fed- of the United States of America being
eral judge issued an order soundly re- citizens of the United States through a
a welcoming Nation. But, unfortu- much broader definition of smuggling
jecting the Governments contentions nately, very often the public dialog
against an individualthe same type of that would have allowed the Govern-
through the years has been less than ment to prosecute almost any Amer-
case that would not, under this amend-
welcoming. Over the decades, the in- ican who had regular contact with un-
ment, have access to this type of judi-
flux of immigrants of various documented immigrants. Luckily, that
cial review where this Federal judge
ethnicities has caused concerns and, in did not pass.
determined that the Government was
many cases, heated comments against But today we continue to hear across
wrong, the individual was right.
What was the individual saying? He such immigrants to our Nation. In the landscape of the country hateful
was saying his point of view, which some cases, there were even laws en- rhetoric used to polarize and divide our
separated him from the administra- acted to limit or ban certain ethnic country on this issue. But we must
tions point of view. Because it sepa- groups from being able to come to the never allow ourselves to buy into the
rated him from the administrations land of opportunity. Lets remember rhetoric. We must never subscribe to
point of view, they revoked his visa. some of this history so we do not re- the policies of fear and division, driven
The judge held the decision was not a peat it again in these debates. by xenophobia, nativism, and racism.
due authority, a use for the revocation Before the American Revolution, The responsibility is on all of usnot
of the visa, and that person was al- Founding Father Benjamin Franklin just on Members of Congress, but ev-
lowed to stay simply because they were wrote of the influx of German immi- eryone in this Nation. We must reject
expressing their points of view dif- grants to Philadelphia: the rhetoric of hatred, division, and po-
ferent from this administration. Those who come hither are generally the larization. We must demand a com-
Is that what we want to do? Elimi- most stupid of their own nation. prehensive immigration policy that
nate the possibility for someone to be Henry J. Gardner, the Governor of does not denigrate or demonize, but is
able to go to court and say: I am Massachusetts in the middle of the 19th tough, smart, fair, and humane.
being hushed because I have a different century, saw the Irish as a horde of However, on this issue, we must be
point of view. My visa is being revoked foreign barbarians. completely honest with ourselves. Our
with not one chance to go to court? In 1882, Congress enacted the Chinese countrys immigration system is
By the way, finally, if we are going Exclusion Act, which made it nearly unarguably broken. In light of these
to talk about terrorism, if I have a ter- impossible for additional Chinese to failures, we must enact tough, smart,
rorist in my possession, under other enter America. The law was not re- and comprehensive immigration re-
provisions of law I do not want to de- pealed until 1943, in the middle of form that reflects current economic
port them. I want to arrest them. I World War II, when the United States and social realities, respects the core
want to throw them in jail. I want to and China were allies against Japan. values, I hope, of family unity and fun-
make sure they do not get out of the In the early 1900s, H.G. Wells, a Brit- damental fairness, and upholds our tra-
country to do harm back to this coun- ish novelist, stated that the arrival of dition as a nation of immigrants.
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try. Why would I want to deport them? Eastern Europeans, Jews, and Italians In the absence of Federal legislation,
I want to arrest them. I want to jail would cause a huge dilution of the what is happening is many local gov-
them under other provisions of law. I American people with profoundly igno- ernments in my State of New Jersey
want to prosecute them. I do not want rant foreign peasants. and, for that matter, across the Nation
to let them go free so they can try to Congressman Albert Johnson, co- are passing ordinances to address
do harm again to the United States. author of the Johnson-Reed Immigra- issues surrounding undocumented im-
This amendment actually works to tion Act of 1924, which severely re- migration in their communities. Unfor-
the opposite of our national security stricted immigrants from Southern and tunately, many of these ordinances

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6503
violate constitutional equal protection immigration system, but by no means nomic impacts on the Nation and its
guarantees and create divisions in com- is it adequate in isolation. We must economy.
munities that did not exist. also crack down on companies that il- Such a mass deportation of the un-
In addition to the moral imperative, legally hire undocumented workers documented population, even assuming
our society would greatly benefit eco- something that is long overdue. I know 20 percent could leave voluntarily if
nomically if we enacted comprehensive under the Clinton administration, em- such a policy was enacted, would cost
immigration reform. Such reform ployers were held accountable for hir- us over $200 billion over a 5-year pe-
would allow undocumented immigrants ing undocumented workers, as 417 busi- riod, according to the Center for Amer-
to come out of the shadows and fully nesses were cited for immigration vio- ican Progress. That is not going to
pay their taxes, ensuring accurate cen- lations in 1999 alone. In contrast, a happen. So fully securing our borders is
sus counts, which translates into equi- mere threethreeemployers were impossible unless efforts to include a
table funding levels for programs and issued notices of intent to fine by the temporary guest worker program and a
schools. Additionally, we can reduce Bush administration in 2004 for similar path to earn residence for undocu-
law enforcement demands since the violations, making it 22 times more mented immigrants is part of the over-
need for day laborers, forged docu- likely for an American to be killed by all reform.
ments, and drivers licenses, along with a strike of lightning in an average year This solution will encourage immi-
the use of exploitation and human traf- than prosecuted for such labor viola- grants to come out of the shadows and
ficking would largely be shut down. legalize their status. By doing so, we
tions.
As to those who dont come forward So much for enforcing the existing will learn who is here to seek the
when such an opportunity is presented, law. American dream versus who is here to
we would be focused on asking: Why What happened in the span of those 5 destroy it through criminal or terrorist
are they not coming forward? We would years? What happened? Did companies acts. Most of the people who cross our
be able to determine who is here to suddenly decide to start abiding by the borders come looking for work, as
pursue the American dream versus who law by not hiring undocumented immi- many of our ancestors did. These immi-
is here to destroy it. grants? No. The truth of the matter is, grants contribute to our economy, pro-
We need to aggressively curtail unau- similar to border enforcement, this ad- vide for their families, and want a bet-
thorized crossings at the border, pro- ministration made a conscious decision ter life for their children.
tect both undocumented immigrants Let me say I am, first and foremost,
to look the other way in order to once
in favor of hiring any Americanany
and American workers from corpora- again serve the interests of corporate
Americanwho is willing to do any job
tions exploiting undocumented labor, America to the detriment of average
that is available in this country today
and provide a pathway for immigrants American citizens.
That is why I support stronger immi- or tomorrow, but lets remember the
to earnand I repeat: earnpermanent
gration enforcement not only at the jobs we are talking about. The fruit
residency in order to ensure our immi-
borders but at the workplace. Unscru- you had for breakfast was picked by
gration system is safe, legal, orderly,
the hands and bent back of an immi-
and fair to all. pulous companies that intentionally
grant laborer. The hotel room and
Our goal should be neither open bor- hire undocumented immigrants do so
bathroom you use in travels through
ders nor closed borders but smart bor- because they know they can exploit
the country is likely cleaned with
ders. The specter of terrorism in a these people without fear of retribu-
bended knee by an immigrant worker.
post-September 11 world creates an tion. They know this because undocu-
The chicken you had for dinner yester-
even greater imperative for us to suc- mented immigrants are forced to hide
day was likely plucked by the cut-up
ceed in this endeavor. The underlying in the shadows of society and subse-
hands of an immigrant laborer. If you
bill has a whole host of triggers that go quently have no avenues to report
have an infirmed loved one, their daily
to the very heart of those elements. labor abuses. Not only does this hurt necessities are probably being tended
We have all seen some of the con- the immigrant being exploited, it also to by the steady hands and warm
sequences. We have seen lawlessness directly impacts American citizens hearts of an immigrant aide. Let us re-
along the borders. Crime in our border who must compete in the market with member that.
communities is increasing and over- exploited labor. We must immediately So we have to create an equal play-
whelming local law enforcements abil- end these abuses and in doing so create ing field to ensure that the wages, ben-
ity to address these challenges. So- an equal playing field to ensure that efits, health, and labor standards of the
called coyotes, or human smugglers, the wages, benefits and health and American worker are not undercut.
charge thousands of dollars to bring labor standards of the American work- But it is also in our best interests to
people into this country, creating a er are not undercut. have these workers participate and
multimillion dollar industry for orga- While securing our borders and en- contribute to our society, especially
nized criminal organizations to exploit forcing strengthened workplace em- when we had a 4.5-percent unemploy-
and fuel their other illegal activities. ployment laws will enable us to regu- ment rate in April of this year and a
In fact, several reports have indicated late the influx of new immigrants, it declining ratio of American workers to
there is more money in smuggling does nothing to solve our current di- retirees.
these undocumented immigrants into lemma of an estimated 12 million un- By coupling enhanced enforcement
our Nation than smuggling drugs. documented immigrants who currently efforts with new immigration and labor
However, history proves it is not reside in the United States. That is laws, we will not only regulate how
enough to rely on enforcement alone, why our immigration policy must be workers come into the country but fi-
even though I am totally for the en- about more than simply enforcement. nally give our border and law enforce-
forcement. Over the past two decades, It must be about providing a safe, or- ment agencies a fighting chance to ful-
the Federal Government has tripled derly, timely, and legal process that fill their duty.
tripledthe number of Border Patrol deals with the economic realities of our Now, much of what the underlying
agents and increased the enforcement time. bill does meets some of these chal-
budget tenfoldtenfold. Yet, despite So in order to make our immigration lenges, and I respect those elements.
tripling the Border Patrol and increas- system overall workable, we must be But I wish to talk about one very com-
ing the budget tenfold, these efforts practical, fair, and humane in dealing pelling issue that I believe it does not
have yet to stop those who have either with the estimated 12 million undocu- meet: the importance of family. I said
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crossed the border or overstayed their mented immigrants living in the throughout the negotiations that were
visas. So it is about border protection, United States. To do otherwise would had, with a massive, complex bill such
but it is also about a more comprehen- require the most massive roundup and as this one, the devil is in the details.
sive effort to make sure you deal with deportation of people in the history of There are a number of details in this
the push-and-pull factors of immigra- the worldin the history of the world. deal that would create an unfair and,
tion. I believe this is both highly unlikely in my mind, impractical immigration
Securing our borders is the first step and impractical on many levels, in- system, undercutting the more sensible
to ensure an orderly, fair, and smart cluding due to both budgetary and eco- provisions.

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S6504 CONGRESSIONAL RECORD SENATE May 23, 2007
This is especially true when it comes annual cap for green cards for parents egories will be grandfathered in and
to the issue of family. The deal struck of U.S. citizens at 40,000. Last year, dealt with as part of clearing the back-
virtually does away with a provision 120,000 visas were given to such par- log during the first 8 years but only if
for family reunification which has been ents, and the annual average number of you filed your application before May 1
the bedrock of our immigration policy green cards issued over the past 5 years of 2005. What is the consequence of
throughout our history. This idea not to parents is 90,000, so this bill would that? The consequence of that is over
only changes the spirit of our immigra- slash required green cards by more 800,000 people who have played by the
tion policy; it also emphasizes family than half for a U.S. citizen to be reuni- rules, applied under the normal proc-
structure, and all without a single fied with their mother or father. So we ess, didnt come across the border,
hearing on the issue of family and our are automatically creating a new back- didnt violate any law, did the right
immigration system by the Senate Ju- log, even though the bill is intended to thing, that all of those who did all the
diciary Committee, either in the 109th end such family backlogs. right things but applied after that
or the 110th Congress. Another area that would be nega- date, will not be cleared as part of the
Under this bill, they change the fun- tively impacted under the deal is the family backlog. They lose their chance
damental values of our immigration spouses and minor children of legal under this law.
policy by making an advanced degree permanent residents of the United More importantly, it vitiatesit
or skill in a highly technical profession States. The bill before us does not lift takes awaythe right of the U.S. cit-
the most important criteriathe most the visa cap on the spouses and minor izen to have them claimed because
children of lawful permanent residents; they lose it. They have a petition pend-
important criteriafor a visa. This Na-
it actually lowers it, ensuring that ing under existing law, and yet that pe-
tion has been built by immigrants who
backlogs continue indefinitely. The tition is gone with the flash of this bill.
came here to achieve success, but the So the legislation, as currently draft-
deal tilts toward immigrants whose separation is not only immoral in my
ed, says that if you legally apply for a
success stories are already written. mind, but it exacts an economic toll, as
visa after May 1, 2005, you have to com-
They are already written. lawful immigrants who are productive pete under an entirely new system. It
Family reunification will be deem- members of society move to rejoin is an arbitrary date that was picked
phasized under this deal, serving to their families. Moreover, unification out of the thin air.
tear families apart. From a moral per- with immediate family members gives Lets think of how fundamentally un-
spective, this undermines the family rise to an undesirable incentive to fair that is. Imagine you are a lawful,
values I hear so manyin different break the law and live in the United permanent U.S. resident. You have
contextsso many of my colleagues States illegally. Families want to mi- fought for your country, you have shed
talk about all the time. grate to each other, and that is a nat- blood for your country, and in some
As the late Pope John Paul II said: ural, human instinct. We undermine cases, you may have even died for your
The church in America must be a vigilant that in this respect. country. In fact, a noncitizen, a legal
advocate, defending against any unjust re- Now, the so-called grand bargain permanent resident of the United
striction of the natural right of individual also moves us to a point-based immi- States, Marine LCpl Jose Antonio
persons to move freely within their own Na- gration system which would turn cur- Gutierrez, originally of Guatemala,
tion and from one Nation to another. Atten- rent immigration on its heada sys- was the very first, the very first U.S.
tion must be called to the rights of migrants tem that hasnt received any hearings
and their families and to respect for their combat casualty in the war with Iraq.
by the Judiciary Committee. Yet, in Had he not been a combat casualty
human dignity.
the agreement, we are moving to a under this bill, he would not have been
Practically speaking, a breakdown of point system that is geared toward allowed to claim his family. If this bill
family structure often leads to a break- people with degrees who are highly moves forward the way it is, these
down of social stability. I took it to skilled or educated. Fine. We can have legal permanent residents are also not
heart when President Bush said: Fam- people who are highly skilled and edu- onlythere are thousands of them in
ily values dont end at the Rio cated as part of the equation, but in the Armed Forces of the United States,
Grande, but this agreement, similar my mind it shouldnt ultimately under- and they are protecting our airports,
to his proposal before it, belies those mine dramatically the ability of fami- our seaports, and our ports. They risk
words. lies to have a fighting chance. In fact, their daily lives in Afghanistan, Iraq,
Yet here we are with a piece of legis- in the point system that is contained and other places around the world to
lation which the White House pro- in the bill, families would receive no protect us here at home, yet we would
moted that undermines the very es- points at allno points at all, none do away with their right to petition to
sence of that. Even under a new point unless the applicant has obtained at have their sister or their brother come
structure that is envisioned under the least 55 points through other elements: join and live with them in America.
bill, it seems to me that the essence of employment, education, language. So Under this bill, you lose that right if
family should be given more weight much for family values under that sys- you file after May 1, 2005. It is hard to
and points within the context of a tem, in my mind. imagine that one would have that right
whole new process of how we are going In addition, if the applicant meets taken away from them.
to move our immigration system for- the 55-point threshold, they would be Here is another case for you to con-
ward. Family, I would hope, even under eligible for a maximum of 10a max- sider. You are a U.S. citizen. You have
a new system, is a critical value, in our imum of 10additional points; that is paid your taxes. You may have served
country. out of 100 maximum points. I guess your Nation. You attend church. You
I would like to take a little time to that some who preach family values make a good living. You are a good cit-
get into some of the details of this dont believe that family should count izen. You have petitioned to have your
agreement and how they would impact for more than 10 percent10 percent. adult child come to America, but you
families. Now, this legislation also curtails the did so after the date of May 1, 2005.
Under current law, foreign-born par- ability of American citizens today, per- Under this bill, that U.S. citizen loses
ents of U.S. citizens are exempt from manent residents, to petition for their their right. However, those who are un-
green card caps when applying for legal families to be reunified here in Amer- documented in the country after May 1
permanent residency as they fall in the ica. of 2005, they actually get a benefit
immediate relatives category. Now, re- As I mentioned earlier, there is a under the bill. So if you obey the law,
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member, this is someonea U.S. cit- family backlog of people who have ap- follow the rules, do all the right things,
izen alreadya U.S. citizen or a U.S. plied for legal permanent residency you are a U.S. citizen, paid your taxes,
permanent resident who has a right who are claimed by U.S. citizens. This maybe even served your country in the
who has a rightto claim their rel- legislation, as currently drafted, does Armed Forces, doing everything you
ative. In this case, I wish to talk about away with several of the family cat- should do, you lose your right to claim
parents. Unfortunately, the agreement egories such as adult children of a U.S. your relative under the existing law
removes these individuals from the im- citizen and lawful permanent residents and be part of the backlog, but the per-
mediate relative category and sets an and siblings of citizens. These cat- son who came in an undocumented

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6505
fashion over the border, they actually boat together today as Americans, and mitted that have denied them the op-
will get a benefit as of January 1, 2007. together I hope we can make this jour- portunity to come to the United States
It seems to me that the legal perma- ney a safe, orderly, and legal process to get a visa: crimes of moral turpi-
nent resident, the U.S. citizen, should that preserves and fulfills the Amer- tude, such as aggravated assault, as-
have at least the same date as those ican dream for all, that upholds the sault with a deadly weapon; aggravated
who have not followed the law and the right of U.S. citizens to seek the reuni- DWI, fraud, larceny, forgery; controlled
rules. It is hard to imagine, but it is fication of their families. It takes substance offenses, such as the sale,
true. those who serve our country and who possession, and distribution of drugs,
So these are a few of the short- are not U.S. citizens yet and gives us and drug trafficking; theft offenses, in-
comings contained in the bill we are the right to say: You fought for Amer- cluding shoplifting; public nuisance;
moving forward. This deal would have ica, you may have been wounded in the multiple criminal convictions, any
prevented my own parents, a carpenter process. You have done everything we alien convicted of two or more offenses
and a seamstress, from coming to this would want of any citizen. Your right regardless of whether the offense arose
country. They wouldnt have qualified to make a simple claim to have your from a scheme of misconduct; crimes of
under this point system. I would like family reunited for you will not be violence; counterfeiting; bribery; per-
to think that they and others whom I snuffed out by this legislation. jury; certain aliens involved in serious
have heard about around this Cham- If we do that, this process deserves criminal activity who have asserted
berI have heard so many stories from our respect. I hope this preserves the immunity from prosecution; foreign
my colleagues in the Senate and for- Constitution, as well as the due process government officials who have com-
merly in the House, talking about their of law that makes America worthy of mitted particularly severe violations of
proud history. fighting for and dying forthe Con- religious freedom; significant traf-
Their parents would not have been el- stitution and the Bill of Rights. When fickers of persons; money laundering;
igible to come to this country under
we seek to erode and undo it, we under- murder; rape; sexual abuse of a minor;
this bill. I would like to think that, on
mine the very essence of Americas child pornography, as well as attempts
both sides of the aisle, they have con-
greatness. Those are our challenges in or conspiracy to commit most of those
tributed to the vitality of this Nation.
this debate and also our opportunities. offenses.
I have listened to so many of the sto- I yield the floor.
ries of our colleagues, and I know Those, obviously, who are denied on
Mr. KENNEDY. Madam President,
many of their parents never would security-related grounds include espio-
first of all, I commend my friend from
have qualified to come to this country nage or sabotage; engaging in terrorist
New Jersey for an excellent presen-
under this bill. It seems to me a new activity, and that is broadly defined;
tation, particularly on this issue of the
paradigm could have been structured likely to engage in terrorist activity,
Grassley amendment, and for also re-
where family values and reunification broadly defined; association with ter-
minding us about the importance of
have more of a fighting chance than rorist activity; representative of a ter-
family in the consideration of our im-
under the framework agreement that rorist organization; spouse or child of
migration bill.
we consider. I think we are going to have an op- an individual who is inadmissible as a
The story of the legislation is not terrorist; activity that is deemed to
portunity during the course of the day
finished. We still have the historic op- have adverse foreign policy con-
to deal with those issues in greater de-
portunity this week to craft tough, sequences for the United States; mem-
tail, and we will look forward to that.
smart, and fair immigration reform. It bership in a totalitarian party.
I think we have made some important
is my intention, starting, I hope, later All of those ban individuals from
progress in terms of family issues, but
today, through a series of amendments, coming into the United States. So if a
I think we have also seen some changes
to get to the heart of the issues I have visitor here has his visa revoked, he
mentioned, to change and to improve in the existing law in those issues. And
it is important for the American people should be entitled to review. This
this deal. I know many of my col-
to understand exactly the areas we doesnt create a burden on our courts
leagues are committed to the same
have made progress in and the areas but simply preserves basic due process.
issues of practicality, fairness, and
that we have altered as we deal with Courts review these cases every day,
family values, and I will work with
this underlying bill. and we have heard no evidence of any
them to turn this unworkable deal, in
I wish to take a moment to address undue burden on the courts. These
those respects, into sound policy we
the points that are included in the cases can be handled expeditiously.
can all support.
As we have throughout our Nations Grassley amendment, which is the Immigration judges ordered 220,000
long and proud history, I believe we pending amendment. Then I under- people deported last year. Only 9 per-
can create a pathway to the American stand the Senator from New Mexico cent of these decisions were appealed.
dream for those who contribute to our will be coming down shortly to offer an We have no abuse in the system at the
Nation and allow them to fully partici- amendment that deals with the tem- current time. So providing review to a
pate in our economy and our society. porary workers. We will have an oppor- few more people whose visas are re-
As the President told Congress in this tunity during the noontime to address voked wont flood the courts.
years State of the Union speech: Lets that issue. Then, according to the lead-
ership, we will have the two votes. If Again, we are talking about the mis-
have a serious, civil, and conclusive de- takes that can be made with the De-
bate, so you can pass, and I can sign, there are side-by-sides, other votesat
2 oclock or in the time close to 2 partment of Homeland Security, as a
comprehensive immigration reform Member of the Senate, I was put on the
into law. oclock. I say that for the benefit of
our colleagues here. no-fly list by the Department of Home-
It is a rare moment, but I agree with
Madam President, on the Grassley land Security and denied the oppor-
the President. Reform is long overdue.
amendment, I think it is important to tunity to even fly out of the Nations
I want to just say that I have the
understand that people who come into Capital to go back to my home city of
greatest respect for the Senator from
the United States under visas have to Boston. In Boston, I had the temporary
Massachusetts in his advocacy in this
go through extensive background approval by the Department there,
regard. I look forward to trying to
checks before they are granted visas, which had to overrule Homeland Secu-
even though he may not be able to sup-
and again before they are admitted. We rity. Despite the head of the Homeland
port some of these things as part of his
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are talking about millions of visitors, Security then saying we have cleared
commitment to a grand bargain
about hundreds of thousands of schol- that up, it wasnt cleared up for 3 more
change it in a direction that we can all
be proud of. But for him, we probably ars and researchers and workers. These weeks, and with the airlines, it was 4
would not be on the Senate floor debat- are not criminals or terrorists. Any- more weeks. If that happens to a Sen-
ing this issue today, or in the past, and body who is a terrorist or criminal is ator, what is happening to other indi-
I admire him greatly in that respect. not eligible for a visa. viduals?
However we got here, from wherever I will just mention the various I have given the example of a person
we came, we know we are in the same crimes that individuals have com- in my home State of Massachusetts

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S6506 CONGRESSIONAL RECORD SENATE May 23, 2007
who was deported. Now the Immigra- Mr. BINGAMAN. Mr. President, I ask leave for good. That is the structure of
tion Service is trying to find that indi- unanimous consent that the order for the system as it now stands. I can go
vidual down in Guatemala. It was be- the quorum call be rescinded. into whatever details Members are in-
cause of similar names. The PRESIDING OFFICER. Without terested in to explain how the increase
So I think, as the Senator from New objection, it is so ordered. mechanism provided for in the law is
Jersey pointed out, the system we have The Senator from New Mexico. structured, but before I get into that,
included in the legislation is appro- AMENDMENT NO. 1169 TO AMENDMENT NO. 1150 let me just talk about the larger con-
priate. It is not burdensome. We have Mr. BINGAMAN. Mr. President, I ask text.
had no complaints even during this unanimous consent that the pending This bill, the Kennedy-Kyl sub-
long period of time. We have had no amendment be set aside, and I send to stitute, contains really three so-called
complaints from any of those who have the desk an amendment to the under- temporary worker programs which are
been involved in the system that it is lying substitute and ask for its consid- very distinct, and individuals can come
an undue burden, or any complaints eration. to our country and work in our country
from the judicial system. We have The PRESIDING OFFICER. Without under any of these three programs.
found out that we have 23 different in- objection, the pending amendment will One program is what I would refer to
cidents reported by my own Boston of- be set aside. as the true temporary worker program,
fice of individuals who are very sub- The clerk will report. and that is where you bring people in
stantial citizens in New England, in- The legislative clerk read as follows: for seasonal work. Clearly, that is
cluding a dean of a medical school, who The Senator from New Mexico [Mr. BINGA-
something we have done for a long
were put on the list by mistake. MAN], for himself,and Mrs. FEINSTEIN, Mr. time. I think the limit in the law today
So mistakes happen. All we have in OBAMA, Mr. DODD, and Mr. DURBIN, proposes is 66,000 are permitted to come in each
this is a simple process of review. That an amendment numbered 1169 to amendment year for temporary workto work at
process has been outlined and stated by No. 1150. resorts or work in some kind of a sea-
the Senator from New Jersey, and it Mr. BINGAMAN. Mr. President, I ask sonal joband then that 66,000 is then
should be preserved. unanimous consent that further read- allowed to be increased to reflect those
I look forward to not closing off the ing of the amendment be dispensed who have come the previous year or
time to the Senator from Iowa, but we with. two. In fact, I think the estimate I
are trying to move this process along The PRESIDING OFFICER. Without have seen is that there are about
and consider the amendment of the objection, it is so ordered. 135,000 people in our country each year
Senator from New Mexico and then see The amendment is as follows: doing that kind of temporary seasonal
if we cannot continue to consider the (Purpose: To reduce to 200,000 the number of work.
follow-on amendments. The Senator certain nonimmigrants permitted to be ad- This bill, this Kennedy-Kyl sub-
from South Carolina has an amend- mitted during a fiscal year) stitute, would change that 66,000 to
ment as well. We will be looking for- Strike subparagraph (B) of the quoted mat- 100,000. It would contain an increase
ward to having debate on his amend- ter under section 409(1)(B) and insert the fol- mechanism similar to what is in this
ment. lowing: new guest worker program, and so the
Mr. President, I suggest the absence (B) under section 101(a)(15)(Y)(i), may not 100,000 would eventually go to 200,000
of a quorum. exceed 200,000 for each fiscal year; or after a few years. As I understand it
The PRESIDING OFFICER (Mr. In paragraph (2) of the quoted matter now, there is also written into the law,
under section 409(2), strike , (B)(ii),.
CASEY). The clerk will call the roll. written into the substitute, a provision
The legislative clerk proceeded to Mr. BINGAMAN. Mr. President, this that says the 200,000 number for the
call the roll. is an amendment to reduce the number seasonal guest workers does not in-
Mr. KENNEDY. Mr. President, I ask of visas issued each year under the new clude people who have been here under
unanimous consent that the order for guest worker program that is in this that same program working in any 1 of
the quorum call be rescinded. billreduce it to 200,000. This is 200,000 the previous 3 years. Obviously, you
The PRESIDING OFFICER. Without new visas each year which would be have the potential for a great many
objection, it is so ordered. permitted if my amendment were to be more than 200,000 to come in as sea-
The Senator from Massachusetts. adopted. sonal temporary workers under that
IRAQI TRANSLATORS The amendment I am offering is co- provision.
Mr. KENNEDY. Mr. President, I wish sponsored by Senators FEINSTEIN, Another separate provision of this
to take a moment to congratulate the OBAMA, DODD, and DURBIN. It is essen- substitute bill which allows for tem-
House for moving on the issue of Iraqi tially the same amendment I offered porary workers to come in is the agri-
translators. I am talking about trans- when we had the debate on the immi- cultural workers program. I point out
lators who have worked for the Amer- gration bill last year when we were for- to my colleagues, that is without limit.
ican Armed Forces in Iraq. They have tunate to have the support of 79 Sen- There is no cap on that. There is a tre-
to follow a very detailed procedure, and ators for the amendment. mendous opportunity for people to
then they get certified. Most of them Let me talk a little bit about the come into this country and work in ag-
have to work on it for more than a context of this before getting into the riculture. We do not have numerical
year. detail of the amendment. The Kyl-Ken- limits on that, so, to anyone who says
These people have been particularly nedy or Kennedy-Kyl substitute we are not going to be allowing people
targeted by the terrorists. Their names amendment allocates 400,000 new guest to come into the country to do the
are printed in mosques and other worker visas per year, and it has in it work Americans dont want to do, the
places of worship, and if they are also an increase mechanism that al- truth is, if they want to do work that
found, they are executed. We have a lows the annual allocation to go from is related to agriculture, we can bring
limitation, I believe, of 50, and we have 400,000 up to 600,000 per year. After a them in, in whatever numbers, without
taken in 18. Many of these individuals few years, presumably, we would be at any limits being imposed by this law.
have risked their lives for American a level of 600,000 per year from then on. The third opportunity to come in as
service men and women and this legis- Workers are allowed to stay for a total a so-called temporary worker is this
lation will be a very small downpay- of 6 years under this program. They new guest worker program. This is a
ment in terms of their safety and their would work for 2 yearsand Senator little bit of a misnomer, when we talk
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security. It is important, and I am DORGAN described this very accurately about temporary worker, because these
hopeful we will be able to address this as part of the debate on his amendment are permanent jobs that we are bring-
issue. yesterdayand they would be allowed ing people in to fill. People need to un-
I suggest the absence of a quorum. to work for 6 years; that is, they work derstand that. These are not temporary
The PRESIDING OFFICER. The for 2 years, leave the country for 1 jobs, these are permanent jobs. We are
clerk will call the roll. year, work for an additional 2 years, bringing people in for a temporary pe-
The legislative clerk proceeded to leave the country for another year, and riod, or a designated period of 2 years,
call the roll. work for an additional 2 years, then three different times, to do the work.

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6507
But these are not temporary jobs in crease of 15 percent. So you bring in an that there are going to be 200,000 people
the same sense that a seasonal job is a additional 15 percent at that point, working here each year, there are
temporary jobthat you have it for a which is 60,000, so you are at 460,000. going to be 1.2 million people working
few months and then the ski resort You start the next year at 460,000, but here each year. Again, the assumption
closes and you no longer have a job. you add another 15 percent to that im- is there will only be 1.2 million, assum-
That is not the kind of jobs we are mediately, and if there is another de- ing everyone goes home when their
talking about. mand, using up all of those, you can go visa says they ought to go home, which
As I see it, there are several funda- up another 15 percent. I think is a fairly questionable assump-
mental problems with this guest work- In any event, it rachets up pretty tion.
er program as it is currently con- rapidly. It says if the 400,000 is not used That is what the amendment does. I
structed. The most significant problem up until the second half of the year, think it is a far better way for us to
is the bill anticipates letting way too then there is only a 10-percent increase proceed than what the underlying bill
many people come into this country in each year from then on. calls for. I know there are some who
a new, untested program. This is a new What we have done on this chart are coming forward and arguing that
program. There is nothing in the cur- and I think people need to try to un- this is terrible, that we are not going
rent law that is comparable to this new derstand thisis we have tried to show to have enough people to keep the
guest worker program that we are with this graph how many so-called economy running, that there are going
talking about. The amendment I and guest workers under this programnot to be all kinds of jobs going unfilled. I
my cosponsors are offering tries to re- under the other two, not under the ag point out again that there are other
strict the size of the program until we workers program, not under the sea- ways people can come to our country
find out how it is working, until we fig- sonal workers program but under this and obtain employment. They can do
ure out whether this makes sense. programhow many people we would so under the seasonal workers pro-
Lets not build into the law automatic actually have in the country as the bill gram, which is being increased very
increases in a program we have never is currently written. You would have substantially under the bill. They can
tested before. Lets not start this pro- 400,000 the first year; the second year do so under the ag workers program,
gram at 400,000 and have it escalate up you would have 840,000 because you which has no limits on it at all. Of
to 600,000. The amendment I am offer- would have the first 400,000, plus the course, there are other ways that peo-
ing is trying to bring down the size of second 400,000, plus the increase, 10 per- ple can immigrate into our country
the program. cent. You would have 924,000 the third that are provided for in the legislation
Another problem with the program is year, you would have 1.4 million the as well.
the structure, and I described that. fourth year, you would have 1,958,000 This is an amendment that I think
This idea we are going to bring people the fifth year, and this keeps going up makes all the sense in the world. I was
in for 2 years, kick them out for 1 year, so, by the eighth year, you would have very pleased we had such strong sup-
bring them in for 2 years, kick them 3,158,000 people in the country legally port for it when we offered it in the
out for 1 year, is not good for the em- working under this program. previous debate that we had on immi-
ployee, obviously. That is not good for There is a very important assump- gration last year. I hope we can adopt
the employer, obviously. It is not a re- tion built into this chart. The assump- it again this year. By doing so, I think
alistic expectation. I think anyone tion is that everybody who comes in we begin to bring a little more judi-
would have to recognize that is not a under this program goes home when ciousness to this process if we are
good structure. their visa says they ought to go home; going to start a brandnew program.
Let me also point out there is provi-
The third problem I have with the nobody overstays his or her visa. If, in
sion in this legislation for a commis-
bill is there is no real avenue for any of fact, that assumption is false and peo-
sion to be established to review how
these individuals we are talking about ple get to the end of their 6 years and
this new program is working and to
to ever gain legal status, so we are cre- say: Wait a minute, I am not ready to
make recommendations back to the
ating a group of workers who have leave the United States, I am staying,
Congress. I think that is entirely ap-
come to this country and worked for 2 and they stay here on an undocu-
propriate. To me, that is another rea-
years or 4 years or 6 years, to whom mented basis at that point and over-
son why we should not be building in
then we are saying: Your time is up, go stay their visa, then they go on top of
automatic escalators in the size of this
home. There is a tremendous likeli- these numbers.
program. We should not be starting
hood that we are going to have a lot of So you have a tremendous number of
with a program that is so large as
people staying over and overstaying new people. This is a brandnew pro-
400,000 and going up to 600,000. We
their visas. I think that is unfortunate. gram. We have never had this program
should start at 200,000 and keep it right
That is a change from the previous before. I think that is too large.
there until we get those recommenda-
legislation. We passed that bill Senator Let me show what the amendment I
tions and find out what we think at
KENNEDY brought to the Senate floor am offering does. I did not support Sen-
that point about whether to increase
last year and I supported it. There was ator DORGANs proposal to eliminate
the size of the program or terminate
a much more realistic opportunity for the guest worker program entirely. I
the program or whatever steps we
people who came in under the guest think there is a legitimate argument
might take at that point.
worker program to pursue legal status that some number of guest workers is That is the basic gist of my argu-
at some time, so the incentive to essen- appropriate to bring into the country ment. I hope colleagues will support
tially go underground to try to avoid to do some of the work. But as I say, the amendment. I think it is a meri-
deportation was not the same in that this is a brandnew program and we torious amendment. I think it will im-
bill. ought to do this in a judicious way and prove the legislation substantially.
I think the most significant thing we feel our way along. In this proposal I yield the floor.
can do at this point to try to correct that I have put forward, it says lets The PRESIDING OFFICER. The Sen-
the most significant problem with this bring in 200,000 the first year and ator from Massachusetts is recognized.
guest worker program is to reduce the 200,000 each year after that and see how Mr. KENNEDY. Mr. President, I com-
number. Let me show a couple of this goes. We can make judgments and mend my friend from New Mexico for
charts, for my colleagues to under- we can alter this in future years. Con- his thoughtful presentation on this
stand what we are talking about. gress meets every year, so we can alter issue. As he mentioned, he offered this
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The current bill calls for 400,000. The this if we decide that is not the appro- amendment last year and it passed
first year this law is in effect, 400,000 priate number. But lets start with a overwhelmingly. I expect there will be
are permitted to come in under this number that we think makes sense. a similar result today.
guest worker program. Then there is a Even at that very substantial reduc- I appreciated the fact in our earlier
complicated process if that total is tion, we would wind up in the eighth debate he understood we need this tem-
reached. If there is a demand to bring year with 1.2 million people in the porary worker program. All of us want
in 400,000 during the first half of the country under this program, legally to have a strong border, but we do un-
year, then there is an automatic in- working as guest workers. It is not derstand there will be pressure on the

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S6508 CONGRESSIONAL RECORD SENATE May 23, 2007
border, and we will either have a front I thank him also for coming over As part of the comprehensive system,
door or a back door, the back door here and offering this amendment. I we are structuring border security as
being for those who are going to try to think the time has been set for voting outlined by the Secretary of Homeland
penetrate that border, or the front door at 2 oclock. Security, Michael Chertoff. The entire
so they can come in and have a tem- Mr. President, I yield the floor. border would be covered either by
porary worker program. The PRESIDING OFFICER (Mr. fences, by obstacles, or by drones. So
The real issue is the size of this pro- MENENDEZ.) The senior Senator from the entire border would be covered,
gram. The Senator has mentioned the Pennsylvania. fences covering the populated areas.
other provisions that are included in Mr. SPECTER. Mr. President, it is It is not possible to structure border
the legislation. We have the long- obviously hard to calculate what is the security so that no one slips through,
standing temporary worker, the H2B, precise figure among the Senators who but by moving toward employer
which is about 100,000 workers. Those crafted the so-called grand com- verification, we will be eliminating the
are the seasonal workers, for the most promise. We thought the figure we magnet. Until we have a system to
part, who work in many of the resorts had here was correct. We are aware positively identify who is legal and
during the summer or wintertime and that the Senator from New Mexico of- who is illegal, you cannot impose
are truly temporary workers. They are fered an amendment last year and was tough sanctions on the employers. But
entitled to bring their families. They successful in reducing the amount to now that we have that system, those
do not. That program has been very 200,000. But I think either figure would tough sanctions can be imposed, and
modestly expanded over this program. be understandable. But I will stand by that has the objective, a realistic ob-
You have the H1B, which is sort of what we have worked out in the bill. jective, of eliminating the magnet.
high tech, which is 150,000it will go In arriving at the compromise legis- There is great distrust, and under-
up to 180,000; and the ag jobs, which is lation which has been proposed, there standably so, as to whether the en-
40,000 to 60,000. was a great deal of give-and-take. forcement procedures will occur. Bear
The reason the 400,000 was reached is While we are facing a tremendous num- in mind that there are preconditions to
that is the general estimate, although ber of objections from both sides of the having the guest worker program or
there are some a good deal higher, of political spectrum, for every point the processing of the 12 million un-
individuals who penetrate now. I think someone does not like, there were con- documented immigrants.
it is safe to say it is probably closer to cessions made by others for some I think it is fair criticism that since
500,000 undocumented who come across points the person does like. There is no the 1986 legislation, no administration,
the border and are able to gain employ- doubt that we are facing very substan- Democratic or Republican, has en-
ment here. So the 400,000 represented tial criticism in the initial stages of forced the law. There are ideas which
an evaluation, an estimate from results the consideration of this bill. The criti- are now being formulated to move to a
of hearings. That is how we built that cism came before the bill was even very prompt appropriation imme-
in. Then, in the legislation, there is the printed. The criticism has continued diately after the bill is passedif and
possibility it can either go up or go after it was printed, before people had when it is passedso that we have a
down. The Council of Economic Advis- a chance to read it. There is a great structure here.
ers thinks we need probably close to a deal of analysis and consideration Senators LOTTs first question is: Do
million new jobs every year. being undertaken at the present time. we have a problem? Yes. Is this bill an
I think what we, in our consider- I think Senator LOTT has expressed improvement? Yes. Again, categori-
ations, were thinking about estab- the issue very succinctly; that is, do we cally. Will there be a better chance at
lishing is some panel that would be have a problem? The answer to that is, a better time to improve the system?
made up of workers as well as members categorically, yes, we have an enor- Categorically, no. If we do not get it
of the business community and people mous problem. We have a border which done at this setting, as we are moving
who could help give an assessment, and is porous. We have anarchy in the way ahead, hopefully shortly after the Me-
make a recommendation of what that the immigration system works at the morial Day recess, then we are off into
number would be. present time. People are complaining the appropriations process, and next
I think that is probably the best way that it is amnesty. In my legal judg- year is an election year. So that if not
to go in the future. But that is not ment, it is not. It is not amnesty be- now, if not never, certainly not soon.
where we are today. Where we are cause people have to pay a fine, people When we come to the Bingaman
today in the bill is 400,000 and the pos- have to have a job, people have to con- amendment, as I say, my preference is
sibility of an escalator to go up or an tribute to our society, people have to to stick with the bill. A certain under-
escalator to go down. pay their taxes, people have to learn standing has been reached among those
The Senator says: Lets start off in English, people go to the very end of who were parties to the negotiations of
this area, we are not sure how this pro- the line, are not even considered until the structuring of the bill to stand to-
gram is going to work. Lets start off they have been here 8 years, and it may gether on it. If the Bingaman amend-
with just 200,000, watch it very care- take as long as 13 years. That is not ment is adopted, then it is my hope we
fully, find out if the kind of mix we amnesty. will retain the adjustment features so
have with this and with the point sys- But the fact is that these 12 million that if we find that more or fewer guest
tem we have been able to develop is undocumented immigrants are going to workers are necessary for our econ-
going to function and work, whether be here whether we pass this bill or omy, realizing they perform a very
after 2 years people will really go back not. The only difference will be wheth- vital function in so much of our econ-
or they will not go back. er they will be here in a way where we omy, in the restaurants and the hotels,
I think he makes a strong case. I did regulate their presence here. If we have on the farms, landscaping, so many fac-
not support this last year. I feel sort of a registration system, we will have an etstalked about that yesterday with
compelledunder the agreements we opportunity to identify people who the hearings which we held in the Judi-
have made earlier in terms of the total- ought to be deported. It is not practical ciary Committee last year, cited the
ity, I feel the same restraint this time. to deport 12 million people. But when economists who testified about the im-
But I commend him for the thoughtful we cull through the list, we may find portance of immigrants in our eco-
presentation. It was thoughtful last those who should be deported, if in a nomic structureI hope we will at
year, and it is thoughtful this year. He practical sense they can be deported. least retain the so-called adjustor fac-
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makes his points very effectively. It To deport someone, you have to take tors so we can make adjustments
ought to be considered by the Mem- them into custody. Then you have to should that become necessary.
bers. I do not, as I mentioned, tend to have detention facilities, and then you I yield the floor.
support it, but I certainly would ask have to have judicial proceedings. It is The PRESIDING OFFICER. The Sen-
our colleagues to look at it very close- a total impossibility to think of de- ator from Rhode Island is recognized.
ly because it is a thoughtful presen- porting 12 million undocumented im- Mr. WHITEHOUSE. Mr. President,
tation. He raises some very important migrants, but at least we would move first of all, let me take a moment to
and worthwhile points. toward regulation. acknowledge the senior Senator from

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6509
Pennsylvania, the Senator from Ari- racyin other circumstances, the mitigate either of these desires, that
zona, the Senator from Massachusetts, great writ of habeas corpus; here, the we can do both of them. But it is dif-
Mr. KENNEDY, for their leadership and core principle of separation of powers ficult and the details matter.
Herculean efforts on this legislation. In and judicial review. We should not America is a nation of both justice
the spirit of praise I heard just a mo- trample lightly on our founding prin- and compassion. The two are not mutu-
ment ago from the Senator from New ciples. ally exclusive. But reconciling the two
Mexico on bringing judiciousness to I have said over and over that the is sometimes difficult, as we find in
this process, I rise in opposition to cornerstone of any comprehensive im- this debate.
amendment No. 1166 offered by the very migration package must be strength- Currently, we have, we think, some-
distinguished Senator from Iowa, Mr. ened security at our borders, enhanced where around 12 million illegal immi-
GRASSLEY. The amendment would workplace enforcement, and a sensible, grants in our country. The number is
eliminate judicial review of removal practical solution for the 12 million growing. In 1987, there were roughly 4
proceedings where revocation of a visa people already living illegally in this million undocumented immigrants in
is the sole ground for removal. That country. But strong security means our country; in 1997, there were rough-
may sound technical and complex, but smart security, and smart security ly 7 million; and today, in 2007, there
the amendment is actually quite sim- must include respect for the adminis- are somewhere around 12 million. In
ple in the way it works. It means that tration of justice, including our great addition, according to the Pew His-
if the State Department should wrong- American system of checks and bal- panic Center, annual arrivals of illegal
ly decide to revoke a visa, whether ances, and a realization that some- immigrants have exceeded the arrival
through bureaucratic error or misjudg- times the Government gets it wrong. of legal immigrants since 1985. That is
ment, and then the Department of This amendment, by further limiting not the trend we want.
Homeland Security tries to remove you the authority of Federal courts to hear The reality is our immigration sys-
from the United States, you have no removal cases, goes too far. I ask my tem is seriously broken and needs to be
opportunity to have your case heard in colleagues to oppose it. fixed. Some people think the solution
Federal court; the case ends at the I yield the floor and suggest the ab- is to grant undocumented immigrants
Board of Immigration Appeals. sence of a quorum. amnesty as we did in 1986, but that
It means a dissident lawfully admit- The PRESIDING OFFICER. The wont work. Others think the solution
ted to the United States on a visitors clerk will call the roll. to the problem is to simply enforce the
visa could find himself giving a speech The assistant legislative clerk pro- laws we have and kick everyone out.
one day and then the very next day ceeded to call the roll. We have taken a serious look at this
learn the Department of State revoked Mr. NELSON of Florida. Mr. Presi- option, and although our enforcement
his visa based on false information pro- dent, I ask unanimous consent that the efforts over the last year have dramati-
vided by his home country. The dis- order for the quorum call be rescinded. cally increased, I do not believe this
sident may even risk punishment upon The PRESIDING OFFICER. Without answer alone will work either.
return to his home country. But there objection, it is so ordered. The office responsible for detaining
will be no means to fight his removal Mr. NELSON of Florida. Mr. Presi- and removing illegal immigrants is the
in Federal court. The amendment dent, I ask unanimous consent to speak Office of Detention and Removal, DRO.
means that when DHS invokes the ide- as in morning business. It is a division of U.S. Immigration and
ological exclusion provision which al- The PRESIDING OFFICER. Without Customs Enforcement, the largest in-
lows the Government to exclude any- objection, it is so ordered. vestigative agency in the Department
one from the country who endorses or The Senator from Florida is recog- of Homeland Security. You may be sur-
espouses terrorism or persuades others nized. prised to know that the DRO is actu-
to support terrorism, there is no judi- (The remarks of Mr. NELSON of Flor- ally quite large, despite the relatively
cial check to make sure that is, in fact, ida are printed in todays RECORD small impact they are able to have.
what is going on, and that great power under Morning Business.) DRO includes 6,700 authorized employ-
is not being abused. Mr. NELSON of Florida. Mr. Presi- ees, including nearly 5,300 law enforce-
As U.S. district judge Paul Crotty dent, I yield the floor and suggest the ment officers and 1,400 support per-
wrote in an opinion last year, rejecting absence of a quorum. sonnel. To put this in perspective, the
the Governments efforts to exclude a The PRESIDING OFFICER. The number of DRO law enforcement offi-
Swiss citizen who had a visa to teach clerk will call the roll. cers is just under half as large as the
religion, conflict, and peace-building at The bill clerk proceeded to call the number of FBI special agents. With
Notre Dame University. roll. these resources in 2006, ICE, Immigra-
While the Executive may exclude an alien Mr. BROWNBACK. Mr. President, I tion and Customs Enforcement, re-
for almost any reason, it cannot do so solely
because the Executive disagrees with the
ask unanimous consent that the order moved 187,513 illegal aliens from the
content of the aliens speech and therefore for the quorum call be rescinded. countrya record for the agency and a
wants to prevent the alien from sharing this The PRESIDING OFFICER. Without 10-percent increase over the number of
speech with a willing American audience. objection, it is so ordered. removals during the prior fiscal year. If
That is exactly the kind of case Mr. BROWNBACK. Mr. President, I you do the math, though, that works
which would be barred by the amend- rise to speak on the immigration bill, out to roughly 28 illegal aliens de-
ment we are debating. What is the the underlying amendment. ported per DRO employee per year or 35
basis for this change? How can it be I am delighted we are taking up this deportations per law enforcement offi-
that review by a Federal court under issue dealing with immigration. I am cer per year. At that pace, if we shut
these circumstances is such a serious glad we are debating this important down the border to a point at which no
burden to the Government that it must issue in the Senate and that the major- one crosses illegally, and successfully
be eliminated? Are the courts clogged ity leader has dedicated 2 weeks to do end 100 percent of the visa overstays
with these cases? Is it too much to re- this bill. I think we need at least that and double the number of DRO agents,
quire DHS to submit to a modicum of period of time to delve into this issue. then it will take us 25 to 30 years to de-
checks and balances before it exerts its I have worked on it before. I have port the estimated 11 million to 13 mil-
power to expel someone under these served on the Judiciary Committee. It lion illegal aliens who are currently in
circumstances? Judicial review of visa is a tough topic, and it needs a lot of the United States.
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revocation is already severely lim- debate. As a matter of national security, we


itedso severely limited, in fact, that Immigration is an issue which has cant afford to wait 30 years to know
the subject of this amendment is the seized Americans across the Nation. who is in our country illegally. For the
only area remaining in which some- People are torn trying to balance two sake of our national security and our
body can still seek judicial review of a fundamental American principles: one, Nations future, we need to solve the
removal order. of being a rule of law nation; and, sec- immigration problems facing our Na-
Too often, we are obliged to defend ond, trying to be a compassionate soci- tion now. The comprehensive bill be-
basic principles of American democ- ety. Here I think we do not need to fore the Senate goes a long way toward

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S6510 CONGRESSIONAL RECORD SENATE May 23, 2007
enabling us to fix our immigration sys- our ability to enforce immigration in a county that has 7 percent unem-
tem and the problem of illegal immi- laws at the workplace: increasing pen- ployment or higher.
gration. I might point out that people alties on employers who knowingly I think there are some important
are not opposed to immigration, they hire illegal immigrants; requiring DHS changes that need to be made in the
are opposed to illegal immigration, and to issue a tamper-resistant work au- bill. As I have said, the compromise
we need to get the legal system to thorization document with biometric bill before us does a lot of good, but I
work and fix the problems in it. I be- information; allowing the Commis- think it is far from perfect and needs
lieve we need a multifaceted approach sioner of Social Security to share in- improvement.
to the complex immigration problem formation with DHS so they can go To give some examples, section 601(h)
we are facing, and the compromise bill after those who use fraudulent Social of the bill gives certain immigration
before the Senate now will enable us to Security cards to gain employment; benefits to undocumented immigrants
take significant strides toward fixing creating an employment eligibility and who seek probationary status, and
the problem. verification system that requires em- states that an undocumented immi-
That said, there are certain aspects ployers to electronically verify a pro- grant can obtain no probationary bene-
of the bill I wish to change. I look for- spective employees work authoriza- fits until the alien has passed all ap-
ward to the opportunity to do so tion. propriate background checks, or until
through the amendment process and to The robust worksite enforcement the next business day, whichever is
see whether I can support the final system included in this bill fixes a sooner. So you have a 24-hour check pe-
product. huge hole in our current system and riod. That is insufficient, if they want
With respect to solving the immigra- should curtail the use of false docu- to look into the background of an indi-
tion problem, we must first and fore- ments to fraudulently obtain employ- vidual seeking this probationary sta-
most secure the border, and this bill ment. tus. I will seek to change that par-
appears to do that. Section 1 of the bill Now lets look at the immigration ticular provision. The impact of this
ensures that we dont repeat one of the system reforms. The most significant provision is that 12 million or more un-
biggest mistakes of the 1986 amnesty of immigration reform this bill makes is documented immigrants could receive
implementing immigration reforms the implementation of a merit-based lawful status, the right to work, and
without increasing border and worksite immigration systemand this is a big other such benefits even if a back-
enforcement. The triggers in section 1 shiftto choose the best and the ground check cannot be completed in
require the DHS Secretary to certify in brightest of those coming into our time.
writing the following border and work- country. This doesnt mean we should I think the problems with this provi-
site enforcement measures are funded, only allow rocket scientists or brain sion are significant and obvious. First,
in place, and in operation beforebe- surgeons, but education is and should in a post-9/11 world, it is misguided at
foreinitiating a guest worker pro- be a factor. The merit-based system best and dangerous at worst to grant
gram or issuing Z visas to current un- under the bill does that. It sets up a millions of people unlawfully present
documented immigrants. These are the system in which immigrants can earn in the United States lawful status,
triggers: 18,000 Border Patrol hired; points in four categories: education, even if a background check has not
construction of 200 miles of vehicle employment, English proficiency, and been completed. That is not wise. Sec-
barriers and 370 miles of fencing; 70 family. ond, there is no evidence that the De-
ground-based radar and camera towers In addition to the merit-based sys- partment of Homeland Security is ca-
along the southern border; the deploy- tem, this bill ends chain migration for pable of conducting cross-departmental
ment of 4 unmanned aerial vehicles and extended family, while preserving fam- and cross-governmental background
supporting systems; ending catch and ily unification for the immediate fam- checks, let alone a million of them, or
release; resources to detain up to 27,500 ily. I think that is an important dis- millions of them, in a 24-hour time pe-
aliens per day on an annual basis; the tinction, that we want family reunifi- riod. Third, many records relevant to a
use of secure and effective identifica- cation for immediate, nuclear family, background check are not electronic
tion tools to prevent unauthorized but we dont want the chain migration and/or are not in possession of or other-
work; and the receiving, processing, system for extended family members. wise accessible to the Federal Govern-
and adjudication of applications for Z This is an important change. ment, suggesting that more than one
status. I am one of the staunchest supporters business day may be required for a
I go through the details because the of family in the Senate. I dont think thorough check, and a thorough check
details really matter in this bill. our immigration system should blindly we must do. This is an important issue
In addition, the bill authorizes en- favor, though, non-nuclear families with potentially grave consequences
hanced border enforcement, including a such as siblings and adult children over for our national security.
national strategy for border security, skilled workers who are coming to I have filed an amendment to change
14,000 new Border Patrol agents by 2012, apply their trade and contribute to our this provision so no one would receive
doubling the current force; 2,500 new economy. It seems to me this is an ap- any immigration benefits without pass-
Customs and Border Protection officers propriate balance. Throughout this ing a background check. I would urge
by 2012; 3,000 new DHS investigators by bill, what we are trying to accomplish my colleagues to support this amend-
2010; 24,000 new detention beds by 2010; is an appropriate, workable balance for ment.
enhanced surveillance, using unmanned the good and the future of this Nation. In addition, I think the bill should
aerial vehicles, as I mentioned; cam- On the temporary guest worker pro- require followup background checks
eras, sensors, satellites, and other gram, once we are able to secure the when Z visa holders apply to extend
technologies. border and implement worksite en- their visa beyond the initial 4 years. As
That is not enough for just taking forcement enhancements, we need to the bill is drafted, it leaves that deci-
care of the border. We also have to go reform our immigration system to cre- sion to perform a background check up
to the workplace. Most people are at- ate sufficient legal means for well- to the Secretary of Homeland Security.
tempting to enter the United States il- meaning workers to come to our coun- I think we need to be able to have re-
legally to work. I think we have to try and to work. The temporary guest moval proceedings for ineligible Z visa
focus on what we do at the workplace. worker program in this bill does that, applicants. Section 601(d) of the bill
I think we need to implement a smart while at the same time protecting lays out certain grounds of ineligibility
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worksite enforcement system, smart American workers and wages by: re- for a Z visa, which include multiple
and tough. The primary reason for ille- quiring employers to advertise jobs to criminal convictions, controlled sub-
gal immigration, as I stated, is employ- U.S. workers first; requiring employers stance trafficking, trafficking in per-
ment. If we eliminate a persons ability to advertise pay, a wage equal to that sons, and even terrorist activity.
to unlawfully gain employment, then of an average wage for the particular The very same section also states:
we will dramatically reduce the incen- job or industry, particular in that re- Nothing in this paragraph shall require the
tive for illegal immigration. This bill gion of the country; and prohibiting a Secretary to commence removal proceedings
includes several measures that enhance temporary guest worker from working against an alien.

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6511
The obvious question is: Why not? I believe that attitude must guide our are other parts of the compromise deal
Why should DHS not be required to im- discourse. We can and should be able to before us that cause me serious con-
mediately begin removal proceedings fix our broken immigration system and cern. Let me briefly address some of
against someone who is ineligible for a do so in a way that is reflective of those concerns.
Z visa because they are a criminal or a American values and ideals and the In order to stem the demand for ille-
terrorist? I think DHS should be re- tradition we have of accepting immi- gal workers, we need a mandatory em-
quired to begin removal proceedings or grants to our shores. ployment verification system that is
at the very least take steps toward re- I think the bill that has come to the actually mandatory. It needs to allow
moving such people from the country. floor is a fine first step, but I strongly employers to check with the Depart-
The two main reasons for providing believe it requires some changes. I am ment of Homeland Security to see that
undocumented immigrants the ability working with others to improve it. their employees are legally eligible to
to obtain a Z visa are to separate those In approaching immigration reform, I work in the United States. This is
who are here with good intentions to believe that we must enact tough, something I worked on last year. But
work and support their families from practical reforms that ensure and pro- this years version of the employment
those who intend to do us harm; and mote the legal and orderly entry of im- eligibility verification system would
second, to create a system where peo- migrants into our country. Just as im- give DHS too much power to force the
ple have a legal status. In order to suc- portant, we must respect the humanity screening of everyone working in
cessfully do this, this provision needs of the carpenters and bricklayers who America without appropriate safe-
to be changed so when an individual is help build America; the humanity of guards. I will be working with others
found to be ineligible to remain in the garment workers and farmworkers who to offer an amendment to make this
country legally under this program, come to America to join their families; provision closer to what we proposed
they are removed. the humanity of the students like my last year.
In conclusion, I look forward to con- father who come to America in search As for the guestworker program in
tinuing this debate on this bill on these of the dream. We are a Nation of immi- the bill, it proposes to create a new
issues I have identified and others to grants, and we must respect that 400,000 person annual temporary work-
strengthen this bill. As many Members shared history as this debate moves er program that could grow to 600,000
have said, this bill is not perfect and forward. without Congressional approval. And it
can certainly be improved in ways I To fix the system in a way that does expands the existing seasonal
have noted and in others. But we cant not require us to revisit the same prob- guestworker programs from 66,000 up to
use the bills imperfections as an ex- lem in twenty years, I continue to be- 100,000 in the first year and 200,000 after
cuse for doing nothing for a system lieve that we need stronger enforce- that. At the end of their temporary
that is clearly broken. ment on the border and at the work- status, almost all of these workers
I look forward to offering these place. And that means a workable man- would have to go home. That means at
amendments to improve the bill, and I datory system that employers must the end of the first three years, we
look forward to hearing some of the would have at least 1.2 million of these
use to verify the legality of their work-
ideas my colleagues in the Senate have new guestworkers in the country with
ers.
as well. At the end of the day, I hope But for reform to work, we also must only 30,000 of those having any real
we can pass a bill the President can respond to what pulls people to Amer- hope of getting to stay. I believe we are
sign, so we can say we did something to ica and what pushes them out of their setting ourselves up for failure, and
improve America by enacting immigra- home countries. Where we can reunite that will just create a new undocu-
tion legislation that secures our bor- mented immigrant population.
families, we should. Where we can
ders, restores respect for our laws, and As we have learned with misguided
bring in more foreign-born workers
creates an immigration system that immigration policies in the past, it is
with the skills our economy needs, we
works. naive to think that people who do not
should. And these goals are not mutu- have a way to stay legally will just
Mr. President, I yield the floor.
Mr. OBAMA. Mr. President, I ask ally exclusive. We should not say that abide by the system and leave. They
unanimous consent that at 2:20 p.m. Spanish speaking or working class im- wont. This new group of second-class
today, there be 4 minutes of debate migrants are only good enough to be workers will replace the current group
prior to a vote in relation to the Binga- temporary workers and cannot earn of undocumented immigrants, placing
man amendment No. 1169, with the the right to be part of the American downward pressure on American wages
time divided as follows: 2 minutes family. and working conditions. And when
under the control of Senator BINGA- With regard to the most pressing their time is up, they will go into the
MAN, and 1 minute each under the con-
part of the immigration challengethe shadows where our current system ex-
trol of Senators KENNEDY and SPECTER 12 million undocumented immigrants ploits the undocumented today.
or their designees; that without further living in the U.S.we must create an I will support amendments aimed at
intervening action or debate, the Sen- earned path to citizenship. Now, no one fixing the temporary worker program
ate proceed to vote in relation to the condones unauthorized entry into the that Senator BINGAMAN and others will
amendment, with no second-degree United States. And by supporting an be offering. And if were going to have
amendment in order prior to the vote. earned path to citizenship, I am not a new temporary worker program,
The PRESIDING OFFICER. Is there saying that illegal entry should go those workers should have an oppor-
objection? unpunished. The path to permanent tunity to stay if they prove themselves
Without objection, it is so ordered. residence and eventual citizenship capable and willing to participate in
Mr. OBAMA. Mr. President, I wish must be tough enough to make it clear this country.
also to speak to the bill. that unauthorized entry was wrong. But the most disturbing aspect of
The PRESIDING OFFICER. The Sen- But these immigrants are our neigh- this bill is the point system for future
ator from Illinois is recognized. bors. They go to our churches, and immigrants. As currently drafted, it
Mr. OBAMA. Mr. President, last their kids go to our schools. They pro- does not reflect how much Americans
year, I spoke at one of the marches in vide the hard labor that supports many value the family ties that bind people
Chicago for comprehensive immigra- of the industries in our country. We to their brothers and sisters or to their
tion reform. I looked out across the should bring them out of hiding, make parents.
faces in the crowd. I saw mothers and them pay the appropriate fines for As I understand it, a similar point
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fathers, citizens and noncitizens, peo- their mistakes, and then help them be- system is used in Australia and Canada
ple of Polish and Mexican descent, come tax paying, law-abiding, produc- and is intended to attract immigrants
working Americans, and children. tive members of society. who can help produce more goods. But
What I know is these are people we I am heartened by the agreement we need to consider more than econom-
should embrace, not fear. We can and that we have to put all 12 million un- ics; we also need to consider our Na-
should be able to see ourselves in them. documented immigrants on a path to tions unique history and values and
I do not say that to diminish the earned citizenship. I applaud those who what family-based preferences are de-
complexity of the task. I say it because worked on this compromise. But there signed to accomplish. As currently

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S6512 CONGRESSIONAL RECORD SENATE May 23, 2007
structured, the points system gives no program, got accepted as the number ugee who has studied immigration
preference to an immigrant with a that we would have in the temporary more deeply than anyone in the coun-
brother or sister or even a parent who worker program. The temporary work- try, I would suspect, has written one of
is a United States citizen unless the er program is a new way of doing busi- the more preeminent books, Heavens
immigrant meets some minimum and ness that I think has great potential, Door, that deals statistically and
arbitrary threshold on education and although I am concerned about how it quite methodically with immigration
skills. can be effectuated in its details. The and its consequences and how it works
Thats wrong and fails to recognize temporary worker program is now in out.
the fundamental morality of uniting addition to the permanent citizenship It is calculated that the low-income
Americans with their family members. track that we have in our countrythe workers in America have received an 8-
It also places a persons job skills over track where you get a green card and percent reduction in their wages as a
his character and work ethic. How then move on to citizenship. result of a large amount of immigra-
many of our forefathers would have So the temporary worker program is tion. So there is no doubt that more
measured up under this point system? designed to create an opportunity for and more immigration has an increas-
How many would have been turned people who want to come into America ingly adverse impact on the wages of
back at Ellis Island? and work for a period of time but who hard-working American citizens. I
I have cosponsored an amendment do not desire or may not be accepted dont think anybody can dispute that.
with Senator MENENDEZ to remove that on the citizenship track. It makes Where did this come fromthe 400,000
arbitrary minimum threshold of points some sense to me. We have had a por- really 800,000really almost 900,000?
before family starts to count and to tion of our State damaged in Hurricane Where did that number come from? I
bump up the points for family ties. Katrina, and Mississippi and Louisiana dont know.
And at the appropriate time, I will be have been severely damaged; tremen- Professor Borjas, who is a part of the
offering another amendment with Sen- dous reconstruction is being done. That Kennedy School at Harvardperhaps
ator MENENDEZ, to sunset the points created a real shortage of labor. Any- Senator KENNEDY needs to meet him
system in the bill. The proposed point body can say that area of the country sometimeProfessor Borjas said in his
system constitutes, at a minimum, a at least for a certain period of time opinion, 500,000 immigrants a year is
radical experiment in social engineer- needs additional labor, and temporary the right number. I dont know what
ing and a departure from our tradition workers could help fulfill that and the right number is. He is a Cuban im-
of having family and employers invite other needs in the country. migrant. He came here as a young man
immigrants to come. If we are going to I wish to say that the temporary fleeing the oppression of Castro. That
allow this to go forward, then Congress worker program, as I understand it in is what he says.
should revisit the point system in five the legislationremember, it was Where did this number 800,000, almost
years to give us time to examine the dropped in Monday night; that is the 900,000 come from? Actually, I think it
concept in depth and determine wheth- first time it has been filed as part of kicks in with an accelerator. In the
er its intended or unintended con- the legislative process in the Senate, outyears, it goes up even 10 to 15 per-
sequences are worth the cost of con- and no hearings have been conducted cent a year. It is complicated to read.
tinuing the experiment or whether we on itthe 400,000 would be for 2 years. We just havent had much time to fig-
should return to the existing system So you would have 400,000 come in year ure it out.
that allows immigrants to be sponsored one of the bills passage. They would I think the deal is set up, actually. I
through family and employers. stay for 2 years. The year after the think the people who wrote the bill
In closing, we must construct a final first group gets here, another 400,000 knew we were not going to approve
product that has broad bipartisan sup- would come the next year. So it is 400,000 people a year and 800,000 over 2
port and will work. I agree with Sen- 800,000, at a minimum, after the first yearsthat is in the country at a given
ator BROWNBACK that the time to fix year. So that is a lot of people who time, 800,000 to 900,000. I think they
our broken immigration system is now. would be coming in on the temporary knew that. Everybody has known all
If we do not fix it this year, I fear that worker program. along. Senator BINGAMAN has filed his
divisions over the issue will only deep- I am not aware that we have ever amendment to cut that number in half,
en and the challenge will grow. done any research or gone out and ac- and then we will go to 200,000 a year,
I also believe that we have to get it tually studied how many temporary and everybody can say we did some-
right. I think it is critical that as we workers we need. Apparently, the con- thing, we made this bill better, so now
embark on this enormous venture to fereesthis group I affectionately call lets all vote for it.
update our immigration system, it is the masters of the universe, who met Regardless, if that is what the deal
fully reflective of the powerful tradi- and came up with this 400,000 number, was about, I suggest to my colleagues
tion of immigration in this country talked to some interest groups out that certainly the Bingaman amend-
and fully reflective of our values and here, and they got an idea somewhere ment is a move in the right direction.
ideals. about how many it ought to be. I dont Until we have some very good eco-
I yield the floor and I suggest the ab- know how they reached that number. I nomic data that shows this country
sence of a quorum. will say this to my colleagues. Earlier needs a lot more than 200,000, we ought
The PRESIDING OFFICER. The this year, when this proposal was not to be doing it because, remember,
clerk will call the roll. raised about a temporary worker pro- the 12 million people we see out here
The legislative clerk proceeded to gram and expressed to me in a way today who are here illegally and those
call the roll. that could actually work, I thought it who are here legally are not going to
Mr. SESSIONS. Mr. President, I ask was a good idea. That is why I voted be made to leave America under the
unanimous consent that the order for reluctantlyagainst Senator DORGANs amnesty we have here.
the quorum call be rescinded. amendment, because I think we need a If someone came in December 31 of
The PRESIDING OFFICER. Without temporary worker program. But when I last year, they would be able to stay in
objection, it is so ordered. asked how many, a member of the Bush this country. So now we are talking
Mr. SESSIONS. Mr. President, I in- administration said 200,000. So now it about, on top of all of that, on top of
quire, is the pending business the is 400,000 and over 2 years it becomes, the 1 million people who come into the
Bingaman amendment? at a minimum, 800,000, and there are country with green cards that we give
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The PRESIDING OFFICER. The Sen- accelerators in it that indicate to us each year, that permanent track, we
ator is correct. the way my staff calculated the num- are talking about another track for
Mr. SESSIONS. Mr. President, I will bersand I think we are fairly accu- temporary workers which is in addition
speak on that. I support the Bingaman rateit would be, in 2 years, almost to AgJOBS, the agricultural and sea-
amendment. It is sort of instructive in 900,000 temporary workers alone, not sonal workers. So this is a big number.
a number of different ways for us in the including their family members. So I This bill could be two times plus the
Senate because I dont know how the am not sure that is correct. Professor current rate of legal immigration into
number 400,000, for the first year of the Borjas at Harvard, himself a Cuban ref- America. I dont think the average

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6513
American would believe, when we are about 500,000 a year. We think it is a everybody that the bill as originally
supposed to reform this broken immi- good idea from that standpoint. It is a introduced, the McCain-Kennedy bill,
gration system, that we would be cre- legitimate number. It is based on the would allow 78 million to 200 million
ating a system that would double the studies of what our needs seem to be. persons into our country in just 20
number of people legally coming into At the end of the day, it is about sup- years when it, at the normal rate,
the country because even though we ply and demand. It is about the issue would be less than 20 million. Some ob-
certainly hope any legislation that that there is a workforce available to jected to those numbers. The Heritage
passes would reduce somewhat the meet the demand for workers, and that Foundation did a similar study about
number of illegal entries, we know we is the problem in which we find our- the same time, and their numbers con-
will still have illegal entries on top of selves. firmed our numbers.
that. But there is another problem, too, At that point, Senator BINGAMAN of-
This probably is a very easy vote for and that has to do with the border. fered two amendments and I offered
colleagues to vote for the Bingaman Sure, we are going to do all we can to one and it ended up bringing the num-
amendment. I dont see a reason not to lessen the likelihood of illegal border ber down to 53 million over 20 years to
do so. I am not aware of any economic crossings. We are going to have more enter legally as opposed to this incred-
study or objective analysis that says border agents. We are going to have ible number. With these accelerators
we need these kinds of large numbers electronic surveillance. We are going and this large a number, I think we
of immigrants. to have all that we can build physically ought to be very cautious.
Professor Chiswick at the University and technologically provide, as well as I would also note, again, that the
of Illinois in Chicago testified before manpower, to provide for safety at the Bingaman amendment does not reduce
the Judiciary Committee, of which I border. the AgJOBS people who would be com-
am a member, when we brought up this However, wouldnt it be a good idea if ing under that track or the seasonal
issue last year. He cautioned strongly to assist safety at the border, if to as- worker people who would be coming.
that a large flow of low-skilled workers sist and lower the number of illegal en- So a number of areas will not be re-
will pull down the wages of American tries in our country, if we duced. I think it clearly is the correct
workers. Alan Tonelson, who wrote disincentivized and legalized the way thing to do to adopt the Bingaman
about a number of job categories from people come to work in America? At amendment.
2000 to 2005, said wages of workers have the end of the day, that is what our Mr. President, I yield the floor, and I
not gone up, that they actually have 400,000 number seeks to do. Reducing it suggest the absence of a quorum.
gone down, and in each one of those to 200,000 would diminish the effective- The ACTING PRESIDENT pro tem-
areas, more than half the workers were ness of our current approach of having pore. The clerk will call the roll.
a guest worker force that really is The legislative clerk proceeded to
American citizens.
This is a matter we ought to be care- coming here legally. call the roll.
Mr. KENNEDY. Mr. President, I ask
ful about. I believe 200,000 is more than I hope the Bingaman amendment
unanimous consent that the order for
adequate based on what I know. And I does not receive the support of the Sen-
the quorum call be rescinded.
support the Bingaman amendment. ate. I ask my colleagues to stick with The ACTING PRESIDENT pro tem-
Mr. President, I yield the floor and the number that is in the bill. pore. Without objection, it is so or-
suggest the absence of a quorum. Mr. President, I yield the floor and
dered.
The PRESIDING OFFICER. The suggest the absence of a quorum. Under the previous order, there will
clerk will call the roll. The PRESIDING OFFICER. The now be 4 minutes of debate on amend-
The legislative clerk proceeded to clerk will call the roll. ment No. 1169, offered by the Senator
call the roll. The legislative clerk proceeded to
from New Mexico, Mr. BINGAMAN, with
Mr. MARTINEZ. Mr. President, I ask call the roll.
2 minutes under the control of Senator
unanimous consent the order for the Mr. SESSIONS. Mr. President, I ask
BINGAMAN and 1 minute each under the
quorum call be rescinded. unanimous consent that the order for
control of Senator KENNEDY and Sen-
The PRESIDING OFFICER. Without the quorum call be rescinded.
ator SPECTER.
objection, it is so ordered. The ACTING PRESIDENT pro tem- Who yields time?
Mr. MARTINEZ. Mr. President, I rise pore. Without objection, it is so or- The Senator from New Mexico is rec-
to speak in opposition to the Bingaman dered. ognized.
amendment. The idea of 400,000 tem- Mr. SESSIONS. Mr. President, I Mr. BINGAMAN. Mr. President, let
porary workers per year was not just made remarks earlier about my esti- me speak very briefly, and then I will
pulled out of thin air, but it is based on mation of the number of persons who reserve the last minute to try to close
the estimates of what is needed on a would be admitted. I would like to be a this debate.
yearly basis to meet the needs of our little more precise and explain it this This amendment will reduce the
economy. It, in fact, parallels what way. In the first year, under the bill as number of people who can come into
takes place each and every year as ap- written, when 400,000 would be allowed the country under this new guest work-
proximately that many illegal workers in, 400,000 would come for a 2 year pe- er program. The underlying bill calls
cross our borders. riod. In the second year, we will have a for 400,000, up to 600,000 per year com-
Much has been said about whether 15-percent escalator clause. If that is ing in under this new guest worker pro-
there is a need for a workforce. I be- met, the next year would be 460,000 new gram. The amendment I am offering
lieve there is. In my home State, the workers. So we are talking about at would reduce that to 200,000 per year,
people who are more adamant in pur- that point 860,000 workers. Then 20 per- maximum. I think that is plenty.
suing a bill on immigration reform are cent of the people who come as tem- This is an unproven, untested,
those very employers who cannot seem porary workers are entitled to bring brandnew program. We need to see how
to find enough workers to fill their their families. it is working. We need to see the im-
needs. They are in the hospitality in- On averageand the numbers, I pact it is having on other wage rates in
dustry, the tourism industry, our at- think, are undisputedwhen a person the country.
tractions, theme parks. They are also is allowed to bring their family, it adds I urge my colleagues to support that
in agriculture, as well as home con- 1.2 persons to the number. So I cal- amendment. I will reserve the remain-
struction, which is a huge part of Flor- culate in just 2 years, the temporary der of my time in case there is someone
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idas economy. All of those people seem worker program, as written in the bill, speaking against the amendment. Then
hard pressed to have enough people will allow for over 1 million persons I will conclude.
available to do the work that is wait- into the country. I believe that is an Mr. KENNEDY. Mr. President, first, I
ing. honest and fair statement of where the thank my friend from New Mexico for
So this is a number that was derived numbers are. his presentation on this issue. He has
according to the Pew Hispanic Center I take seriously these numbers be- spoken to those of us who have been
in a March 2005 survey of the migrant cause last year my staff worked their working on immigration about his con-
population which suggested a group of hearts out and concluded and shocked cerns on the numbers. He made this

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S6514 CONGRESSIONAL RECORD SENATE May 23, 2007
presentation the last time the Senate The ACTING PRESIDENT pro tem- Crapo Hatch Lugar
DeMint Hutchison Martinez
considered the immigration bill and pore. Without objection, it is so or- Domenici Kennedy Salazar
was successful, and I expect he will be dered. Graham Kyl Smith
this afternoon. The Senator from Pennsylvania is Gregg Lieberman Specter
It was very difficult for us to make Hagel Lott Warner
recognized.
an exact judgment about the total Mr. SPECTER. May I amend that, NOT VOTING2
numbers. Those numbers were set at Mr. President, to request a full Johnson McCain
about 400,000 because that was a some- minute? The amendment (No. 1169) was agreed
what lower estimate of people who The ACTING PRESIDENT pro tem- to.
were coming in here who were undocu- pore. Without objection, it is so or- Mrs. BOXER. I move to reconsider
mented, and it was also recommended dered. The Senator is recognized. the vote.
by the Council of Economic Advisers in Mr. SPECTER. Mr. President, the Mr. DURBIN. I move to lay that mo-
terms of the needs of the economy. 400,000 figure was decided after a very tion on the table.
That is where it is from. careful analysis and consideration. We
But he makes a legitimate pointwe The motion to lay on the table was
had hearings in the Judiciary Com- agreed to.
do not have a real definite idea about mittee where prominent economists
what these numbers ought to be. We Mr. KENNEDY. Mr. President, Sen-
stepped forward to testify about the ator GRASSLEY was here earlier. I un-
looked at the idea that we establish importance of immigrant help. We
this program and then try to establish derstand he may be modifying his
have an economy which relies on immi- amendment. Senator GRAHAM is pre-
a commission that would make a rec- grants for hospitals, for hotels, for res-
ommendation to Congress in terms of pared to move ahead. Then we will al-
taurants, for farms, for landscapers, ternate back and forth. The Senator
the numbers on into the future. I think and many lines.
that is probably the best way to pro- from California, Mrs. FEINSTEIN, is
One crucial feature of the Bingaman ready to go. I see the Senator from
ceed in the future. amendment would take out the adjust-
I will reluctantly oppose the amend- South Carolina. If he is prepared to
ment factor, which is important, where proceed, we will go ahead with his
ment of the Senator from New Mexico, we say the needs rise and fall. If the
but I thank him for the thought he has amendment.
Bingaman amendment is adoptedand The PRESIDING OFFICER (Mr.
given to this issue. We will be willing I know it was adopted by a large vote
to work with him regardless of how SANDERS). The Senator from South
last yearat least I hope we will re- Carolina.
this comes out. turn to provide for the adjustment fac-
The ACTING PRESIDENT pro tem- AMENDMENT NO. 1173
tor so we can raise or lower the number
pore. The time of the Senator has ex- Mr. GRAHAM. I ask unanimous con-
depending upon the needs of the econ-
pired. sent that the pending amendment be
omy.
Who yields time? set aside, and I call up amendment
Mr. KENNEDY. Mr. President, we are I thank the Chair and yield the floor.
1173.
prepared to yield whatever time we The ACTING PRESIDENT pro tem-
The PRESIDING OFFICER. Without
haveexcept for the Senator from New pore. The question is on agreeing to
objection, it is so ordered.
Mexico. the amendment. The yeas and nays
The clerk will report.
The ACTING PRESIDENT pro tem- have been ordered. The clerk will call
The bill clerk read as follows:
pore. The Senator from New Mexico is the roll.
The Senator from South Carolina [Mr.
recognized. The assistant legislative clerk called
GRAHAM], for himself, Mr. CHAMBLISS, Mr.
Mr. BINGAMAN. I thank my col- roll. ISAKSON, Mr. MCCAIN, Mr. MARTINEZ, and Mr.
league from Massachusetts and con- Mr. DURBIN. I announce that the KYL, proposes an amendment numbered 1173
gratulate him on his leadership in get- Senator from South Dakota (Mr. JOHN- to amendment No. 1150.
ting us to this point in the debate. I do SON) is necessarily absent. Mr. GRAHAM. I ask unanimous con-
hope Members will support this amend- Mr. LOTT. The following Senator is sent that reading of the amendment be
ment. We had 79 Senators support this necessarily absent. The Senator from dispensed with.
amendment when it was offered last Arizona, Mr. MCCAIN. The PRESIDING OFFICER. Without
year. I hope we get a strong vote again The ACTING PRESIDENT pro tem- objection, it is so ordered.
this year. I think this is the prudent pore. Are there any other Senators in The amendment is as follows:
thing to do. It does not destroy the the Chamber desiring to vote? (Purpose: To provide for minimum sentences
bill. It does allow for a guest worker The result was announcedyeas 74, for aliens who reenter the United States
program but a much more prudent one nays 24, as follows: after removal)
than would otherwise be the case. [Rollcall Vote No. 175 Leg.] Strike subsections (a) through (c) of sec-
I urge my colleagues to support the YEAS74 tion 276 of the Immigration and Nationality
amendment. Akaka Act, as amended by section 207 of this Act,
Dorgan Nelson (FL)
I ask for the yeas and nays. Alexander Durbin Nelson (NE) and insert the following:
The ACTING PRESIDENT pro tem- Allard Ensign Obama (a) REENTRY AFTER REMOVAL.Any alien
pore. Will the Senator suspend? Baucus Enzi Pryor who has been denied admission, excluded, de-
Does the Senator from Pennsylvania Bayh Feingold Reed ported, or removed, or who has departed the
Biden Feinstein Reid United States while an order of exclusion,
wish to be recognized? Bingaman Grassley Roberts deportation, or removal is outstanding, and
Mr. SPECTER. I do. Mr. President, I Boxer Harkin Rockefeller subsequently enters, attempts to enter,
believe I have 1 minute of argument? Brown Inhofe Sanders
The ACTING PRESIDENT pro tem- Bunning Inouye crosses the border to, attempts to cross the
Schumer
Burr Isakson border to, or is at any time found in the
pore. The yeas and nays have been Byrd Kerry
Sessions
United States, shall be fined under title 18,
called for, and the impression was at Shelby
Cantwell Klobuchar United States Code, and imprisoned not less
Snowe
that time that time had been yielded Cardin Kohl
Stabenow than 60 days and not more than 2 years.
back. Carper Landrieu
Stevens (b) REENTRY OF CRIMINAL OFFENDERS.
Casey Lautenberg
Is there sufficient second for the yeas Chambliss Leahy Sununu Notwithstanding the penalty provided in
and nays? There is. Clinton Levin Tester subsection (a), if an alien described in that
The yeas and nays were ordered. Thomas subsection
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Coburn Lincoln
Mr. KENNEDY. Mr. President, I ask Cochran McCaskill Thune (1) was convicted for 3 or more mis-
Collins McConnell Vitter demeanors or a felony before such removal
consentI think I yielded the time Conrad Menendez Voinovich
back before I knew the Senator from or departure, the alien shall be fined under
Corker Mikulski Webb
title 18, United States Code, and imprisoned
Pennsylvania, who is a cosponsor, de- Dodd Murkowski Whitehouse
Dole Murray Wyden not less than 1 year and not more than 10
sired to speak. It will only be half a years;
minute. I ask unanimous consent that NAYS24 (2) was convicted for a felony before such
he be able to speak prior to the time of Bennett Brownback Cornyn removal or departure for which the alien was
the vote. Bond Coleman Craig sentenced to a term of imprisonment of not

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6515
less than 30 months, the alien shall be fined do to people who try to come across il- jail sentence with a mandatory min-
under such title, and imprisoned not less legally in the future? What message do imum of 5 years.
than 2 years and not more than 15 years; we send them and the world? So there are people who have been
(3) was convicted for a felony before such Here is the message: If you come convicted of rape and murder within
removal or departure for which the alien was
across our border illegally in the fu- the United States who have illegally
sentenced to a term of imprisonment of not
less than 60 months, the alien shall be fined ture, you violate our border security, come across the border, committed a
under such title, and imprisoned not less you are going to jail. No more catch crime, served their time, been de-
than 4 years and not more than 20 years; you and send you back. My amendment ported, who have come right back,
(4) was convicted for 3 felonies before would require a mandatory 60-day jail committed another crime, and nothing
such removal or departure, the alien shall be sentence for the first illegal reentry, happens.
fined under such title, and imprisoned not up to a year but mandatory 60 days. If If this amendment becomes law, once
less than 4 years and not more than 20 years; you come back again illegally, no less you have been convicted of a violent
or than 2 years. So everyone needs to crime and deported, if you are found in
(5) was convicted, before such removal or our country, whether you are commit-
departure, for murder, rape, kidnaping, or a
know that America is changing its im-
migration laws, and we are going to be ting a crime, that is a crime in and of
felony offense described in chapter 77 (relat-
serious about enforcing them. If you itself, and you are going to go to jail
ing to peonage and slavery) or 113B (relating
to terrorism) of such title, the alien shall be break our laws, you do so at your own for up to 20 years, with a minimum of
fined under such title, and imprisoned not peril, and you will lose your freedom. 5 years.
less than 5 years and not more than 20 years. That will help us dramatically make Now that, to me, is what has been
(c) REENTRY AFTER REPEATED REMOVAL. sure we dont repeat the mistakes of missing when it comes to our legal sys-
Any alien who has been denied admission, tem and illegal immigration. It is now
the past.
excluded, deported, or removed 3 or more
There is another group of people we time to tell the worldour own citi-
times and thereafter enters, attempts to zens and all those who wish to come
enter, crosses the border to, attempts to need to deal with in terms of illegal re-
entry that is bone chilling. The amend- herethere is a right way to do it and
cross the border to, or is at any time found there is a wrong way to do it. If you do
in the United States, shall be fined under ment would create mandatory jail time
it the wrong way in the future, you are
title 18, United States Code, and imprisoned for people who have been convicted of
not less than 2 years and not more than 10 going to go to jail.
crimes in the United States, illegal im- We need to change the system that
years.. migrants who have committed violent would allow nothing to happen to
Mr. GRAHAM. Mr. President, as we offenses, nonviolent offenses, who have somebody who had been in our country
try to repair a broken immigration served jail time, that if you get de- illegally, who was convicted of rape or
system and replace it with a new sys- portedand you are required to be de- murder, who served their sentence and
tem that learns from the mistakes of ported after you serve your sentence had been deported, who illegally comes
the past, I believe it is time for this and get caught coming back into this back into our country. If they cross the
body and this country to get serious country, you are going to go to jail, border again, if they cross the border
about enforcing border security viola- not be deported again. in the future, after committing a vio-
tions. After 9/11, the immigration de- Let me give an example. Angel lent crime, they are going back to jail
bate has taken on a different tone. Resendiz is known as the railroad kill- for serious jail time to protect us
After 9/11, it is no longer about eco- er. Let me tell you the story of this against them.
nomic and social problems associated criminal. In August 1976, he came Now, I hope every Member of the
with illegal immigration. It is about across the border illegally. In Sep- body will understand this will make
national security problems associated tember 1979, he was sentenced to a 20- our effort to reform illegal immigra-
with illegal immigration. In the Fort year prison term for auto theft and as- tion meaningful. If America does not
Dix, NJ, case, there were allegations sault in Miami, FL. He was paroled care about enforcing its laws in the fu-
made that six people were conspiring within 6 years and released into Mexico ture, those who want to violate it will
to attack Fort Dix. Apparently, three as a result of deportation. Over the not care either.
of those people came in illegally as next 10 years, he was apprehended and So now is the time to start the clock
children or crossed the southern bor- tried in Texas for falsely claiming citi- over, learn from the mistakes of the
der, and three of the people charged zenship. He did an 18-month prison past and make a national commitment
with crimes overstayed their visas. So term. He was arrested for possessing a to secure our borders and deal with
it is more than securing the border. concealed weapon in 1988 in New Orle- those who violate our immigration law
That is a central concept to this bill. ans and received another 18-month in the sternest fashion. Because this
Democrats and Republicans are ral- prison term. Every time he was sen- Nation is under siege. After 9/11, illegal
lying around the idea that the current tenced, he was deported and came right immigration is not just about people
system is broken in many ways. The back to commit another crime. He got coming here to work, it is about people
borders are not secure. When it comes 30 months for attempting to defraud coming here to commit crimes and do
time to verify employment, fraud is Social Security in St. Louis. He pled us harm.
rampant. The way you get a job now is guilty to burglary charges in New Mex- So I am very hopeful this amendment
to produce a Social Security card. I ico that gained him an 18-month prison will become part of the bill, and we can
could take a Social Security card out term, and he was paroled in 1992. He say, after this bill passes, we have
of my wallet and have it faked by mid- was apprehended in the Santa Fe rail taken a new approach, a tough ap-
night. We are talking about replacing yard for trespassing and carrying a proach, a long overdue approach, that
that kind of fraudulent system with we do care about the laws on our books
firearm in 1995.
On June 2, 1999, he was apprehended and we are going to enforce them, and
tamperproof identification, which
by the Border Patrol for crossing ille- if you violate the law in the future by
would be a great change in terms of un-
gally. Due to a computer glitch, they illegally coming across our border, you
derstanding who is here and why they
are going to jail.
are here and employing people on our let him go. Every time he committed a
Mr. President, I would like, if I could,
terms, not theirs. crime and served a sentence, he was de- at this time, to recognize my colleague
In the future, after we begin to con- ported, only to come right back and from Georgia, Senator CHAMBLISS.
trol our borders, Senator ISAKSONs commit another crime. Once we caught The PRESIDING OFFICER. The Sen-
amendment says you cant bring new him, all we did was deport him. He
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ator from Georgia.


people into the country in a permanent wound up killing two people within 48 Mr. CHAMBLISS. Mr. President, I
fashion until you meet border security hours of being released by the Border rise in strong support of the amend-
triggers. The employment verification Patrol. If this amendment had been in ment offered by my friend and my col-
trigger is a great idea. Here is the ques- place for people such as this guy, once league, Senator GRAHAM. I am pleased
tion I have: After we do all this, after he was found back on our soil after he to be a cosponsor of this amendment.
we spend all this money to secure our served his prison term for a violent As I have said before, I believe the
borders and replace fraudulent systems crime, he would not have been de- agreement we reached among a bipar-
with tamperproof systems, what do we ported. He would have gotten a 20-year tisan group of Members of this body is

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S6516 CONGRESSIONAL RECORD SENATE May 23, 2007
a step in the right direction because it ticular measure, it does give our law ference? Because we want the judge to
gets us to where we are today; that is, enforcement officials an opportunity to make the decision on the severity of
we are debating this critical issue on not only be serious about enforcement the crime.
the floor of the Senate. of the law but in a way that is truly Here, we go down to the prior aggra-
Bringing this issue to the floor of the meaningful and will go a long way to- vated felony conviction penalty, which
Senate allows Members of this body an ward stopping illegal immigrants from under current law is not more than 20
opportunity to improve upon what has coming across our borders, as well as years. We, in the bill, say the penalty
previously been negotiated. Senator doing a better job of enforcing our im- can be 15 years, or a fine, or both.
GRAHAMs amendment is an improve- migration laws from an interior stand- Under the Graham amendment, it is 2
ment that should be adopted because it point. years and a fine.
deals with the very most important So I urge all my colleagues to vote in Once more, we leave it up to the
part of this particular bipartisan piece support of the amendment offered by judge. If we have the serious kinds of
of legislation, that is, border security my good friend and colleague, Senator penalties, they ought to get the serious
and interior enforcement. GRAHAM. time. Who is being tougher on crime?
This amendment creates a more ef- I yield the floor. We are listening to the Senators from
fective deterrent against future illegal The PRESIDING OFFICER. The Sen- South Carolina and Georgia: We are
immigration by ensuring that illegal ator from Massachusetts. tough on crime. Who is tough on
immigrants who are caught and de- Mr. KENNEDY. Mr. President, I have crime? Come on.
ported and then return to the United a good deal of respect for my friends The list goes on. If you are caught,
States in violation of our laws again from South Carolina and Georgia, but I you are a repeater, you are caught
serve minimum jail sentences. There is am somewhat mystified by this pro- back across the border with a prior
nobody who is going to be deported and posal. Let me illustrate why. conviction for murder, rape, kidnap-
First of all, this proposal by the Sen- ping, slavery, terrorism, then the pen-
gets caught coming back in who is
ator from South Carolina is a large alty is not more than 20 years. Under
going to escape going to jail. It is kind
Federal mandate. Do you understand? the Graham amendment, it is 5 years
of unbelievable to think about that we It is a large Federal mandate. Why? Be-
do not already have this kind of law on the new mandatory is 5 years. Ours is
cause the Bureau of Federal Prisons 20 years. We let the judge make that
the books today. That is why this piece now says it takes up to 45 to 60 days for
of bipartisan legislation is so critically decision, but his is 5 years.
any individual who is found guilty in Now, I have been a strong supporter
important to the future of our immi- the lower courts to get to a Federal of sentencing reform from the very be-
gration laws in this country. prison. Who pays for that? The local ginning. We have had these enormous
Under current law, if an illegal alien people pay for that. disparities on the issue of sentencing.
is caught entering the United States, First, it takes 45 to 60 daysall of The Sentencing Commission was sup-
that person is deported. This system is which will be included in this amend- posedly to make an evaluation about
subject to abuse because an estimated mentwhich is going to be paid by the the nature of the crimes taking place
20 to 30 percent of those illegal immi- local people. So we are saddling all the in the country, the space that exists in
grants deported simply return to the local communities, as they start off in the various States and Federal institu-
United States again in an illegal way. their proposal. tions and to make recommendations in
If that same person illegally reenters Now, after we hear the speeches terms of what the scope ought to be in
the United States again, they are sub- about how we are going to be tough on terms of various crimes and what the
ject to fines or imprisonment, but cur- crime, lets look specifically at the availability is in these various penal
rently there is not a mandatory jail current law and what our bill does and institutions and how they compare to
term. then what this amendment does. other kinds of crimes. It seems to me
So our Border Patrol agents and our For the entry of an alien after re- that is what we ought to be doing with
Immigration and Customs Enforcement movalno deportation or denied ad- the penalties in this legislation as well.
agents are faced with the problem of mission, no criminal historyunder Lets listen to Supreme Court Justice
removing the same illegal immigrants current law: fine, or not more than 2 Kennedy, who has vigorously criticized
time and time again. This amendment years, or both. Our bill is the same as mandatory minimums as unfair and in-
will ensure that everyone who is de- current law. But the Graham amend- consistent with the fundamental prin-
ported from the United States and re- ment says: not less than 60 days in ciples of justice. In February, he was
enters will serve jail time. jail60 days in jail. very clear in his opposition to pen-
This is a most vital piece of legisla- So we want to let Arizona, Cali- alties in his testimony before the Sen-
tion in getting control of our borders fornia, Texas, New Mexico know that ate Judiciary Committee. He also said
and in ensuring we have efficient and for all those people whom we all heard mandatory minimums are wrong be-
meaningful interior enforcement. This about coming back across the border, cause they restrict the ability of judges
amendment is critical because it will they are going to be for 45 to 60 days in to strike the best balance between the
make sure the resources of our Border the local jails. Is there any kind of re- goal of consistent sentencing and the
Patrol and Customs agents are not ex- port about how they can handle it? Is need to give judges discretion to make
pended on the same violators again and there any sense about whether the jails the punishment fit the crime in indi-
again. are crowded? Is there any idea about vidual cases.
It also sends a strong signal to every- what the Governors say? Is there any That is what we have in the under-
one in the world thinking about ille- idea about what local communities lying law.
gally coming to the United States that say? No. But this happens to be the In 2003, Justice Kennedy said:
we are serious about our laws and are fact. There are seven different places I can accept neither the necessity nor the
seriously going to punish those who where they put these mandatory pen- wisdom of Federal mandatory minimum sen-
violate those laws. alties in. tences. In too many cases mandatory min-
I have to say, one problem we have, Under current law, for the entry of imum sentences are unwise and unjust. The
as we debate this bill and we talk with criminal offenders, with three or more legislative branch has the obligation to de-
folks back home, is the credibility of misdemeanors involving drugs, crimes termine whether a policy is wise.
this body, as well as the other body, as against persons, or both, or a felony: Now, I am more than willing to es-
well as the agencies charged with car- fine, not less than 10 years, or both. In tablish tough penalties where appro-
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rying out the enforcement. Even the bill, S. 1348, we say, three mis- priate, but we have to draw the line
though we are charged with oversight, demeanors or one felony gets a penalty with a rash of mandatory minimum
the credibility of the U.S. Government of not more than 10 years in jail. What sentences in current law. We have a
in enforcing the current laws on the does the Graham amendment say? New new Congress and a new opportunity to
books is severely lacking. mandatory minimum creates minimum stop the madness with mandatory
This is a measure that does put some penalty of 1 year. minimums that impose long and costly
real teeth into the deporting and re- So they say you get 1 year. We say sentences. Moreover, there is no sug-
importing by criminals. In this par- you can get up to 10 years. Why the dif- gestion that these penalties make a

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6517
great deal of sense. If anything, they legal paths than we have ever had It seems the provisions we have in
are already causing a terrible burden. through this bill. the legislation make sense, and if the
There is no epidemic of leniency in The illegal part of it has to come to Senator wanted to alter his amend-
the Federal courts today. We have not an end and will only come to an end if ment and say: Lets let this go to the
heard, in hearings in the Judiciary there is a downside to breaking our Sentencing Commission and let them
Committee, about leniency in terms of law, and this amendment is about man- make the recommendations, which we
the crimeswe have notnor with re- datory jail time. I am not trying to have done on other pieces of legislation
gard to these different provisions. make it easier on people; I am trying to permit the penalty to suit the
The Federal prison population has to make it harder on people who take crime, I would say amen. But this
quadrupled in the last 20 years. Now it the law into their own hands and vio- amendment is going to put an impor-
is larger than any State system. The late our border security. That is why tant additional burden on the local
addition of new mandatory minimums we have mandatory jail time. Prior communities, and it doesnt have the
only places further strains on the Fed- misdemeanors, you are going to go to flexibility we have in the existing leg-
eral prisons, which are already strug- jail 1 year if we catch you here again. islation in terms of dealing with those
gling with a growing population, along If you served jail time of 212 years and who are the real bad guys in this proc-
with diminishing budgets. Justice we find you on our soil again after you ess. We have that ability in the exist-
Rehnquist made the following observa- have been deported, 2 years. If you got ing legislation. The idea we are going
tion about mandatory minimums: Our a sentence of 5 years and we find you to make it mandatory for people to go
resources are misspent, our punish- on our soil again after you have been in for this period of time takes away
ments too severe, our sentences too deported, 4 years in jail. If you are con- that kind of flexibility, which is desir-
long. victed of three or more felonies, 4 years able.
That is his statement in opposition in jail, if we find you here again. If you I see my friend and colleague from
to mandatory minimums. We have the are convicted of a violent crime, no New Mexico on the floor and I know he
statements that have been made by the less than 5 years, and up to 20 years. desires to speak.
2006 Conference of Mayors, rep- It is time to get serious. This is a se- The PRESIDING OFFICER. The Sen-
resenting 1,100 mayors and cities with rious amendment for a serious prob- ator from New Mexico.
populations over 300 that passed a reso- lem. I know this is going to send the Mr. BINGAMAN. Mr. President, I
lution opposing the mandatory min- right message and that we need to be wish to speak briefly in opposition to
imum sentences. It called for a fair and tough, not just in words but in deeds. the amendment. I have great respect
effective sentencing policy. The Na- I urge passage of the amendment. for my colleague from South Carolina,
tions mayors are opposed to manda- Mr. KENNEDY. Mr. President, I indi- but I think this is very misguided.
tory sentences on both Federal and cated in my earlier comments about Chief Justice Rehnquist was speaking
State levels. Our mayors believe we the different provisions that exist in in 1994 to a luncheon of the U.S. Sen-
should have laws that permit judges to the law, the kind of flexibility that is tencing Commission and he said the
define appropriate sentences based on out there to deal with serious crimes. following:
the specific circumstances of the crime But with the mandatory minimums Mandatory minimums are frequently the
and the perpetrators individual situa- you have a blunderbuss solution. There result of floor amendments to demonstrate
tion, and that States should review the is no ability or flexibility at all to be emphatically that legislators want to get
effects of both Federal and State man- able to deal with it. tough on crime. Just as frequently they do
The Federal Bureau of Prisons esti- not involve any careful consideration of the
datory minimum sentencing and move
mates it costs $67 a day for each person effect they might have on the sentencing
forward. guidelines as a whole. Indeed, it seems to me
As I say, that is my position on this. in jail. Estimates are it costs $90 per that one of the best arguments against any
I am under no illusions about what the day to detain an immigrant. Right now more mandatory minimums, and perhaps
desire and the will of this institution is each immigrant spends an average of against some of those we already have, is
on this particular proposal. 42.5 days in detention prior to deporta- that they frustrate the careful calibration of
I yield the floor. tion, at an average cost of $3,825. Sen- sentences, from one end of the spectrum to
The PRESIDING OFFICER. The Sen- ator GRAHAMs 60-day mandatory min- the other, which the sentencing guidelines
ator from South Carolina is recognized. imum for illegal reentry would in- were intended to accomplish.
Mr. GRAHAM. Mr. President, very crease the total spent in detention by I think Justice Rehnquist was right,
briefly, and I will move to have this 17.5 days, which increases the cost of that this isthis, as I understand it, is
amendment voted upon, if that is the detention per immigrant to $5,400. an amendment that has not been
correct order of business. These increased costs couldnt be brought up for hearing. These proposed
To my very good friend Senator KEN- avoided because the mandatory min- changes in the law have not been
NEDY, it is my understanding in terms imum wont let the judge give any de- brought up for a hearing in the Judici-
of incarceration costs, the costs are fendant a lower sentence regardless of ary Committee. I am not a member of
paid by the Federal Government the facts. This is a major problem with that committee. My colleague Senator
through the State Criminal Alien As- the mandatory, and this amendment KENNEDY is, of course, as is Senator
sistance Program about 90 percent90 would be a costly mistake. GRAHAM. But my impression is this is
cents on the dollar. So the Federal The fact is the States pick up before not the result of a careful deliberation
Government does help the local com- the individual enters the system, the by the committee of jurisdiction here
munities almost fully to deal with the States pick up the tab. So New Mexico, in the Senate. Instead, this is one of
expense of people who are caught vio- Arizona, California, and Texas, you are these floor amendments that is in-
lating or who are put in jail. going to have this new mandate and ex- tended to demonstrate that legislators
In terms of leniencyis there any penditures for it. want to get tough on crime and par-
evidence our laws are too lenientI Last year, 11,000 immigrants were ticularly want to get tough on crime if
would say there are about 12 million charged with the offense of improper it involves immigrants. So that is what
pieces of evidence that our laws are too entry. If this amendment passes, we is going on here.
lenient. How can you have 12 million are looking at increasing the costs by I think the strongest argument I
people come across the border and the millions of dollars. According to 2005 know, and I am sure this is what the
word not be out that there is not much data, the U.S. Government has the re- Senator from Massachusetts was men-
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of a downside to doing it? Now, if you sources to hold 19,000 immigrants. It tioning, is the cost that is involved in
get 12 million people violating the law, represents less than 1 percent of the actually going ahead with this amend-
it must be common knowledge among undocumented population. This amend- ment. We are talking about taking peo-
that population and others there is not ment may also require us to build new ple, and instead of kicking them out of
much going to happen to you. facilities to house these people, new the country, we are requiring those in-
Well, that needs to stop. We need to prison beds, $14,000 per bed. We dont dividuals be incarcerated in this coun-
give people who are here a chance to know how many beds will have to be try at very substantial expense to the
assimilate. Legal paths, we have more built if this amendment is adopted. U.S. taxpayer for a very long period of

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S6518 CONGRESSIONAL RECORD SENATE May 23, 2007
time. I dont know that it makes good Mr. GRAHAM. Mr. President, very We have provisions in the legislation
sense for us to be doing this. briefly, to respond to my good friend that are tough and that a judge can use
One of the purposes of this immigra- from New Mexico about some of his and must use in those circumstances
tion legislation that is before the Sen- concerns, this is not about me feeling which require it. But I think to effec-
ate right now is to reduce the burden good; this is about having the law work tively tie the judges hands in these
on U.S. taxpayers of all of the immi- in a way that will deter people from other circumstances makes little
grants coming into the country. This crossing our borders illegally. sense.
amendment does the exact opposite. I point to the Angel Resendez case, I see the Senator from California on
This amendment puts an enormous ad- and if we had this law in effect where the Senate floor. I would like to ask
ditional expense on the taxpayers of we had mandatory jail time for those how the Senator wants to dispose of
the United States by saying: If you who had committed offenses and this amendment.
come into this country illegally, we are caught on our soil. In a 10-year period Mr. GRAHAM. I urge passage of the
going to lock you up and we are going he committed five crimes, got deported amendment.
to be sure you stay locked up for a long each time, and was able to come back The PRESIDING OFFICER. Is there
time. Well, that is fine, as long as you and commit another crime. If this further debate on the amendment?
want to paywhat is it$30,000, $40,000 Mr. KENNEDY. Mr. President, I sug-
amendment had been in place, he would
per year to keep one of these individ- gest that we proceed with the Senator
have been in jail for a longer period of
uals incarcerated. We are paying a lot from California and then come back to
time and maybe his murder victims
more to keep an individual in one of that.
would be alive today. This is a case not Mr. GRAHAM. That suggestion is
these Federal prisons, I can tell you about me feeling good; it is about
that, than we pay to keep people in well taken, yes.
somebody with a great propensity to Mr. KENNEDY. Mr. President, I ask
some of our best universities. cross our border illegally and commit
I dont think it is a good use of our unanimous consent that we go now to
crimes and not being held accountable the Senator from California and her
resources. I think this is one of these in a serious way.
feel-good amendments which says we amendment.
After the Booker case, the sentencing The PRESIDING OFFICER. Without
are not being tough enough on immi- guidelines are advisory. If we want to
grants, lets tighten this thing up, lets objection, it is so ordered.
send a message that we are flexible The Senator from California is recog-
be real tough on them. when it comes to immigration law vio-
The statistics I haveand these are nized.
lations, we are doing a great job of it. Mrs. FEINSTEIN. Mr. President, I
statistics from the 2006 Source Book of
People must believe we are flexible, be- thank the manager of the bill. I want
Federal Sentencing Statistics, put out
cause they are coming across our bor- to say a few words on the bill in gen-
by the United States Sentencing Com-
ders in droves. Flexibility is being eral and then move to an amendment,
mission. They have a chart on page 13
taken as indifference. What we need to if I might.
where they talk about the distribution I am a supporter of this bill. It is not
do is to make it a crime that will sting
of offenders in each primary offense a perfect bill. I think it is easy to tell
category. It shows that 24.5 percent of people when they come across.
The cost to this country of having the people on the far right of the polit-
the offenders we are incarcerating ical spectrum and the far left of the po-
today are being incarcerated for immi- laws that are ignored and are virtually
a joke is huge. Look at where we are litical spectrum are not happy with
gration-related offenses. The only this bill. But what this bill accom-
other category that is larger is drugs, today with illegal immigration. Lets
try something new. Lets try doing plisheslike nothing I have ever seen
where 35.5 percent are being incarcer- in my 15 years in the Senateis that it
ated for drug-related offenses. So 24.5 something that has worked over time:
If you commit a crime, you do some is a piece of work that is a product of
percent of our prisoners today are people on both sides of the aisle sitting
there because of immigration-related time.
With that, I yield the floor and ask down and trying to work something
offenses. That number is going to go up
for passage. out that can get 60 votes in this Cham-
dramatically if we actually adopt and
Mr. KENNEDY. Mr. President, brief- ber and move on, and not be a useless
put into law these mandatory min-
ly, to quote from the American Bar As- piece of legislation, but rather one that
imum sentences that are contained in
sociation, this was their comment a offers a kind of comprehensive reform
this amendment.
I wish also to point out that the pen- year ago on the previous immigration that has definition.
bill on the same subject, on the issue of People use the word comprehen-
alties, the sentences these people are
mandatory minimums when this issue sive, and nobody really knows what
being given and the actual period of in-
came up during that time: they are talking about. But in the case
carceration, the number of months of
The American Bar Association strongly op- of this bill, anyone who carefully looks
incarceration for these immigration of-
fenses, is fairly significant. It ranges poses the provisions in the draft legislation at the bill will understand what the
from 22.8 months up to over 25 months. That was the draft legislation a year word comprehensive means because
So we are talking about putting people ago the word means addressing all sides of
in prison for a significant period of the immigration issue, taking borders
that would enhance or create new mandatory
time. As I say, they are all for immi- minimums. First, as a general matter, the that are broken and repairing them,
gration-related offenses. mandatory minimums produce an inflexi- stabilizing a border with additional
I think it is foolhardy for the United bility and rigidity in the imposition of pun- border patrol, prosecutors, detention
States to be passing immigration re- ishment that is inappropriate for a system facilities, and also strengthening inte-
form legislation to reduce the financial that we hold out to the world as a model of rior enforcement.
justice and fairness. To insist that all those Three major sectionscalled titles
burden on U.S. taxpayers for all of the
convicted of a crime be lumped into the of this bill really deal with enforce-
illegal immigration coming into the same category and be penalized indefinitely
country and at the same time adopt an ment of our borders, enforcement of
inevitably means the injustice of a sentence
amendment that loads an enormous ad- the interior. Then there is the question
in particular circumstances will be ignored.
ditional cost on to the taxpayer so we Additionally, we are concerned at the high of how do you deal with the 12 million
can keep these people in prison for a cost of imposing mandatory minimums. Nu- people who have been here for some
long time and thereby demonstrate we merous studies have demonstrated the ex- time illegally, most of whom are en-
traordinary costs of incarcerating thousands gaged in legitimate, bona fide work.
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are getting tough on crime.


I urge my colleagues to oppose the of nonviolent offenders in our Nations pris- How do you deal with what has devel-
amendment. ons and jails. oped to be an entire subterranean econ-
The provisions to create the new manda- omy in this country, with its own spe-
Mr. GRAHAM. Mr. President, I ask
tory sentences, coupled with those to in-
unanimous consent to add Senator cial shops, stores, and special points of
crease the mandatory detention, have the
MCCONNELL as a cosponsor of the potential to greatly increase the number of congregation for work? How do you re-
amendment. individuals being incarcerated in immigra- move the element of fear that drives
The PRESIDING OFFICER. Without tion-related cases at a significant cost to the all of this further and further under-
objection, it is so ordered. American taxpayers. ground?

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6519
The more the ICE agentsformerly be between 8 and 13 years. During that 14,500, to 18,000 under the trigger, to
INSpick up people in the workplace period of 8 years, they would have to eventually 28,500 by the end of five
for deportation, the more you see the re-up, come in and prove that they years.
inequality and injusticethere was one have done the things the bill requires The bill also requires hiring 1,000 new
family, about a week ago in San Diego, them to do. This is not an amnesty. immigration agents, 200 new prosecu-
by the name of Munoz, who had been Now, the other part is that there are tors, and new immigration judges and
here for a long period of time. They changes made in what is called chain Board of Immigration Appeals mem-
both worked and raised three children migration. Currently, one person on a bers.
who were born in this country. They green card can bring in any number of Next, the bill increases the penalties
owned their home and their furniture. family members. This is changed to the for people who illegally enter the U.S.
Well, in came the agents, who picked nuclear family. The person holding the or who overstay their visas.
up the parents. The parents were out of green card can bring in their spouse Under current law, if an individual
the country and the children were left. and their minor children. That future enters the U.S. illegally or overstays
The home was sold and the furniture green card, after the 8 yearsafter the their visa they are barred from return-
was gone. And this is a family who had list is expunged, future green cards ing to the United States for three
the piece of the rock of America. They would be granted on the basis of the years, and could be barred for up to 10
were contributing to the economy of point system, which deals with merit years if they stayed in the U.S. ille-
America. But they were destroyed. in the sense of the availability of job, gally for over a year.
Many of us in this body believe you work, the educational attributes of the However, under the bill, if an indi-
cannot find and deport 12 million peo- individual, the family, and other vidual is in the United States illegally
ple. My State of California has the things. I think it is as close as we are the penalty is increased so that the
largest number of people living in un- going to get to solving this problem person would be barred foreverand
documented status, which is estimated and creating the interior enforcement, never be allowed to come to the United
to be in the vicinity of 3 million peo- the border stability, and the laws that States.
ple. They are a vital part of our work- are necessary to secure the rule of law The bill also includes provisions to
force. They are 90 percent of Califor- when it deals with immigration. fight passport and visa fraud based on
nias agricultural workforce, which is Mr. President, many Senators from the bill that Senator Sessions and I in-
the largest of the 50 States. They also both sides of the aisle worked long troduced this year.
work in service industries. You see hours over the past several months to These new provisions would punish
them in hotels and in restaurants, and address immigration reform. And people who traffic in 10 or more pass-
you see them in construction and hous- through the process of negotiation and ports or visas, and increase the penalty
ing. So they have become an indige- compromise a tough, fair, and work- for document fraud crimes to 20 years.
nous part of the California workforce. able bill has been crafted. By including these tough new en-
This bill puts together reforms in im- The bill before the Senate provides forcement measures, this bill goes a
migration with a process to bring those solutions to restore the rule of law, fix long way to protecting our borders and
people out of the shadows. What has our broken borders, protect our na- takes a hard stand against individuals
bothered me over these days, as I listen tional security, and bring the 12 mil- who violate the law.
to the television and read in the news- lion people now living illegally in the EMPLOYMENT ENFORCEMENT
papers, is I hear the drumbeat, and I U.S. out of the shadows. The bill also takes a hard stand
even see small signs on automobiles I believe this bipartisan bill is a against employers who violate the law
that simply say amnesty. This bill is strong first step toward addressing ille- and hire illegal immigrants.
not amnesty. gal immigration in a fair and balanced For too long, the administration has
What is amnesty? Amnesty is the way. not enforced the laws on the books, and
categorical forgiveness of a crime, an IMMIGRATION ENFORCEMENT the negligible fines for hiring illegal
event, or whatever the issue may be. The bill is predicated on several fun- aliens were just a part of doing busi-
This does not do that. This sets up a damental principles. The first is that nessthis bill changes that.
roadmap, which is complicated for we must control our borders and pro- Under current law, an employer can
someone who wants to remain in this tect our national security. be fined $250 to $2,500 for hiring an un-
country, to be legal, to be able to work The bill ensures that before a single authorized worker; the bill increases
legally, and perhaps even someday get temporary visa is issued, or a single that fine to $5,000.
a green card, and maybe someday fur- undocumented alien in the United The bill also increases the penalties
ther off, become a citizen. States can earn their green card, sev- for employers who repeatedly violate
Well, there is an 8-year road created eral important triggers must be the law and hire illegal aliens. Under
in this bill. There are fines of $5,000 mettriggers that show the Federal current law, the highest penalty that
plus an additional $1,500 fee for proc- Government is taking a hard stance on can be assessed against an employer is
essing. There is a touchback, which enforcing the law and enforcing the $10,000 for a repeat violation; this bill
may be changed in a further amend- border. The triggers include: imposes a new larger fine of $75,000 for
ment, but at this stage in the debate it Installing at least 200 miles of vehi- repeat violations.
is this: If during that 8-year period the cle barriers as well as 370 miles of fenc- The bill creates a new employment
individual who has now achieved this Z ing, 70 ground-based radar and camera verification systemmandating that
visa, which gives them the right to towers, and deploying 4 unmanned aer- within 3 years, all employers must
work in this country, decides they ial vehicles along the southern border; verify with the Government that all of
want to pursue a green card, they detaining all illegal aliens apprehended their employees, foreign and American,
would go to their country of origin, to at the southern border, rather than are who they say they are.
the nearest U.S. consulate, and with continuing the catch and release pol- This new system will require employ-
the Z visa they can come in and out of icy; establishing and using the new ers to submit each employees name
the country at will. They dont have to Employment Verification system to and social security number or visa
stay in their country of origin. What confirm who can work in the United numbers to the Department of Home-
they would do is file their papers. They States legally and who cannot, and hir- land Security. DHS will then confirm
would submit their fingerprints, and ing 3,500 new border patrol agents to whether the employee is in fact legally
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they would turn around and come back increase the total number of agents on allowed to work.
into the United States. Then, elec- the border from 14,500 to 18,000. If the DHS says the employee is not
tronically, the evaluation would be Then later, after the first 3,500 border legally allowed to work or his legal
done after the present line for green patrol agents are hired, the bill re- status is in question, the employee
cards expires. Everybody waiting in quires that an additional 10,500 more then has 10 days to challenge the Gov-
line legally for a green card gets it. border patrol agents are hired. So, the ernments conclusion, and while the
They would have the opportunity to total number of border patrol agents employee is taking steps to contest his
get a green card. This is estimated to will increase from its current level of rejection, the Secretary must extend

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S6520 CONGRESSIONAL RECORD SENATE May 23, 2007
the period of investigation and the em- ows, to earn a legal status, and to brings in workers for 2 years, and then
ployee cannot be fired. eventually apply for a green cardand requires the worker to leave for a year;
This new verification system should that is what this bill provides through and a second, seasonal Y-visa where
ensure that individuals who are hired the Z visa program. workers can come in for 10 months, and
by American businesses are actually le- Let me be clear, this is not an am- then are required to leave for 2 months.
gally permitted to work in this coun- nesty. For those who say it is, I think Workers who come to the United
try. it is important to define what amnesty States under the longer 2 years in the
GRAND BARGAIN means. Amnesty is automatically giv- country, 1 year out of the country
Once the security and enforcement ing those who broke the law a clean program can renew their visa so that
measures were established, the nego- slate no questions asked. This bill does they can work up to 6 years total; but
tiators sought to devise a pragmatic not do that. every 2 years they must leave the
solution to deal with the approxi- Instead, to qualify for a green card United States for a year.
mately 12 million illegal immigrants each individual must wait until the However, if Y-visa holder wants to
currently living in the United States. backlog has been clearedapproxi- bring their family with them to the
This solution to this issue is what mately 8 yearsand during that time United States then they would be lim-
has been referred to as the grand bar- these individuals and families would ited to only 1 renewal and they would
gain. need to pass a national security check; have to demonstrate that they can sup-
In order to bring Democrats and Re- apply for a Z-visa that allows them to port their family. They would do this
publicans together a compromise was stay in the U.S. legally; work or get an by showing that the family has health
adopted that creates a new Z visa education; pay taxes; learn English; insurance and that they will earn a
that will establishes a strict path for pay a fine of $5,000, plus processing fees wage above 150 percent of the Federal
those individuals who are already in of at least $3,000; not commit crimes; poverty guidelines.
the United States to be able to earn a reapply and undergo additional back- Finally, the new Y-visa program is
legal status. ground checks; return to their home capped at 400,000 foreign workers a year
In exchange, the bill reforms the cur- country for a touch-back for at least for the 2-year/1-year program and
rent immigration system and elimi- a day, to submit their application, pro- 100,000 visas for the seasonal 10-month/
nates policies that allow for chain mi- vide a fingerprint , biographical and bi- 2-month program. Both of these caps
gration. ometric information; and earn enough contain escalation clauses that allow
PRACTICAL SOLUTION TO 12 MILLION NOW HERE points under the same merit system the Secretary of Homeland Security to
With respect to the first part of the that all future applicants will use. issue additional visas up to 600,000 per
grand bargain, I firmly believe we have This is not amnesty. This is not sim- year for the longer program and up to
to develop a practical solution to the ply giving a green card to anyone who 200,000 per year for the seasonal pro-
deal with the 12 million illegal immi- is in the country illegally. Instead, gram.
grants already in the country. through the Z visa program and the The escalation clause in the longer
While some have complained that all new merit system, each individual program gives the Secretary the discre-
12 million undocumented aliens should must meet these significant demands tion to increase the number of Y-visas
be deported, such a solution is not in order to earn a green card. by as much as 10 percent or 15 percent
practical nor is it reasonablefor GREEN CARD BACKLOG each year. According to some esti-
many of those individuals and families The second component of the grand mates, this means that in 10 years well
who have become integrated into the bargain is to clear up the current over 3.4 million foreign workers could
fabric of their communities deporta- backlog of individuals who have been come into the United States through
tion would be a severe outcome. waiting for green cards and to reform the longer Y-visa program.
For example, in my home State of how green cards are awarded by cre- I am concerned about the impact on
California, the Munoz family from San ating a point system that is based on our economy and our country if such a
Diego is facing exactly what a policy of merit. substantial number of visas were to be
absolute deportation would mean. To achieve this, the bipartisan bill issued. Senator BINGAMAN has an
In 1989 Zulma and Abel Munoz came would provide about 200,000 new green amendment that would eliminate the
to the United States seeking medical cards annually that will go to those in- escalator and reduce the cap to permit
care for their infant son who was sick dividuals who have followed the rules only 200,000 Y-visas each year to be
sadly, despite their efforts, 2 months and applied for a green card prior to issued under the longer program. I am
later he died. At the time, Mrs. Munoz May 1, 2005. a cosponsor of the Bingaman amend-
was pregnant with her second child, a For anyone who applied after May 1, ment and I voted for it last Congress.
girl, and a medical worker who had 2005, they will now be required to re- While I agree with the grand bargain
helped her son urged Mrs. Munoz to apply through the new merit-based principle that temporary means tem-
stay longer in the United States to point system. This new point system is porary, I am concerned that the high
make sure their infant daughter re- based on what has been done in other cap on the longer Y-visa program and
ceived proper care. They took that countries, including Canada and Aus- the inclusion of the escalator means
medical workers advice, and have re- tralia. It sets up a framework to allow that the numbers of temporary work-
mained in the United States since individuals to earn points that would ers coming in through this program are
then. Both parents found work; they qualify them to earn a green card. just too high.
bought a home, and they repeatedly Under this new system, individuals But with the adoption of the Binga-
tried to legally adjust their status, but will get points for education, work his- man amendment I believe the tem-
their attempts failed. tory, ability to speak English, as well porary worker program adopts the
Then last month, at 7:30 p.m. on a as whether they have U.S. citizen fam- right balance and still fulfills the prin-
Thursday night, Mrs. Munoz was ar- ily members. This new point system is ciples of the grand bargain.
rested and led away from the house in a balanced approach that considers NEED FOR AGRICULTURAL LABOR
her pajamas. Later when Mr. Munoz re- multiple factors and allows individuals In addition to these important prin-
turned from Home Depot, he was hand- to earn their green cards. ciples that were developed as part of
cuffed and taken awayleaving behind TEMPORARY WORKER PROGRAM the grand bargain, the bipartisan
their three children, now 16, 13, and 9. Finally, the third component in the bill contains two more important pro-
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There are many families, like Mr. grand bargain is to ensure that tem- visions: the DREAM Act and AgJOBS.
and Mrs. Munoz, who are not criminals, porary means temporarymeaning Last Congress, Senators CRAIG, KEN-
who have lived and worked in their workers who come to the United States NEDY, and I repeatedly tried to pass
communities for years, and who are on a temporary worker visa must re- AgJOBS. This bill reforms the current
productive members of society, but turn to their home countries when the H2A agricultural temporary worker
who are also in the U.S. illegally. visa expires. program and creates a path to legaliza-
Families like these should be given Under the new Y-visa there are 2 tion for undocumented farm workers
the opportunity to come out of shad- temporary worker programsone that currently in the U.S.

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6521
There is no industry that is suffering strikes the right balance and reflects placement of unaccompanied alien
more from a labor shortage than agri- the best thinking on how to accommo- children was transferred from the Im-
culture. Foreign workers make up as date all the various concerns and inter- migration and Naturalization Service
much as 90 percent of the work force ests. to the Department of Health and
and over half of the foreign workers are While it is easy to sit on the sidelines Human Services, Office of Refugee Re-
undocumentedas many as 1.5 million. and criticize, it is harder to stand up, settlement. This amendment provides
But for years now we have heard take on the tough issues, make the guidance and instruction to the Office
from farmers and growers that they hard decisions and do what is right to of Refugee Resettlement, the Depart-
can not get the labor force needed to fix our immigration system. I want to ment of Homeland Security, and the
harvest their crops. commend Senators KENNEDY, SPECTER, Department of Justice, for how to han-
California growers tell me that their SALAZAR, and KYL for their hard work dle the custody, release, family reunifi-
labor forces are already down 30 per- in undertaking this difficult issue and cation, and the detention of unaccom-
cent this year. For example, Larry crafting this important legislation. panied alien children.
Stonebarger, a cherry packer in Stock- This is not a perfect bill, but it is a The amendment clarifies that any
ton, CA, has said that his packing good bill, and it is a bill that I hope the child who was deemed to be a national
house only has 650 workers, instead of Senate will pass. security risk, or who has committed a
1100 he needs. AMENDMENT NO. 1146 TO AMENDMENT NO. 1150 serious crime, will remain under the
California provides a vital part of our Mrs. FEINSTEIN. Mr. President, I jurisdiction of the Department of
Nations food source. Half of this coun- call up amendment No. 1146, and I ask Homeland Security or the Department
trys fruits are grown in California and, unanimous consent to add Senator of Justice and will not be released to
in fact, California is the only U.S. pro- MARTINEZ as a cosponsor. the Office of Refugee Resettlement.
ducer of almonds, figs, kiwi fruit, ol- The PRESIDING OFFICER. Without For those who pose no danger to them-
ives, and raisins. The importance of objection, it is so ordered. selves or others, the amendment re-
having locally grown produce cannot The clerk will report.
quires that the children be placed in
The legislative clerk read as follows:
be underestimated. the least restrictive setting possible,
The Senator from California [Mrs. FEIN-
This Sunday, the Washington Post and it defines what those settings are.
STEIN],for herself, and Mr. MARTINEZ, pro-
reported that the Food and Drug Ad- poses an amendment numbered 1146 to This is the order of preference: One,
ministration detained 107 food imports amendment No. 1150. licensed family foster care; two, small
from China at U.S. ports just last Mrs. FEINSTEIN. Mr. President, I group care; three, sheltered care; four,
month. They found dried apples pre- ask unanimous consent that reading of residential treatment center; five, se-
served with a cancer-causing chemical; the amendment be dispensed with. cured detention. So the least restric-
mushrooms laced with illegal pes- The PRESIDING OFFICER. Without tive place for these childrenremem-
ticides; juices and fruits rejected as objection, it is so ordered. ber, in any given year, there are a sub-
filthy; and prunes tinted with chem- The amendment is printed in the stantial number of these children. The
ical dyes not approved for human con- RECORD of Monday, May 21, 2007, under amendment also would establish min-
sumption. This situation is unaccept- Text of Amendments.) imum standards for this custody or,
able. But, amazingly, as we fight to Mrs. FEINSTEIN. Mr. President, where appropriate, detention of these
keep out foreign produce that is not about 6 years ago, I was sitting at children, including making sure they
protected by safety and quality con- home and I was watching television. have access to medical care, mental
trols, our own immigration policies un- What I saw was, I believe, happening in health care, some access to phones,
dermine the ability of U.S. growers to Seattle. It was a 14-year-old Chinese legal services, interpreters, and super-
produce high quality fruits and vegeta- youngster who had come to this coun- vision by professionals trained to work
bles right here in our own country. try in a container. Her parents died in with these children.
The reality is, if there are not the container. She had survived. She I am delighted that Senator MAR-
enough farm workers to harvest the had been in a detention facility for 7 TINEZ is a cosponsor, and I hope he will
crops in the United States, we will end months prior to coming before the come to the floor because I believe he
up relying on foreign countries to pro- judge. What I saw on television were just said to me he found himself in a
vide our food. This is not good for our tears streaming down her face, her similar situation. I mentioned to him a
economy or for ensuring that Ameri- hands in cuffs, and the chain went case with which we are all familiar,
cans are receiving safe and healthy around her waist. She was unable to Elian Gonzalez, who landed on the
foods. wipe away her tears. I thought this was shores of Florida, whose mother
The best way to avoid this outcome very strange, something really must be drowned trying to get here. He had rel-
is to ensure that American farmers and wrong. atives in Florida. Florida has moved to
growers have the workers they need to I found out that she is not alone. create certain centers where these chil-
harvest the crops, and the best way to There are 7,000 unaccompanied young- dren are, in fact, secure, but many
ensure we have a stable agriculture sters who come to this country every States have not.
labor force is to pass AgJOBS. year. Many of themat least up to a The amendment also requires that
Our bill will stabilize the labor short- recent pointwere held in detention wherever possible, these children are
age on our farms by allowing undocu- facilities for unlimited periods of time. returned to their place of origin if
mented farm workers who have worked They dont speak the language, they there is a family member who can re-
in agriculture and agree to continue to have no friends, they have no guard- ceive them. So a juvenile is sent home
work in agriculture for 3 to 5 years to ians, and they have no one to represent if there is a suitable placement for that
earn a ZA visa and eventually a green them. Often, they are sexually abused. child. If not, another appropriate place-
card. This will create a path to earn It is a real problem. ment must be secured for that child.
legal status for those ag workers al- This amendment is the same as a bill I think this legislation is very good
ready in the country. that passed the Senate last year by legislation. As I said, it has passed the
Secondly, AgJOBS will streamline unanimous consent. There are a few Senate before. We have amended it to
the H2A program so that it is usable, changes, and those changes remove comply with bills that have passed the
so that growers and farmers can have provisions that were contained in the Senate, and I am very hopeful that this
access to a consistent supply of tem- previous version that are no longer amendment might even pass by unani-
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porary workers in the future. necessary because of changes in agency mous consent today.
AgJOBS is a bipartisan bill that practices to bring this bill in line with I will not ask for the yeas and nays
needs to be enacted to ensure that other laws, and to require promulga- at this time.
farmers, growers, and farm workers tion of regulations and reporting of I do not see Senator MARTINEZ in the
can continue to provide Americans statistics on children affected by this Chamber at this time, so I yield the
home-grown, safe and healthy produce. bill. floor.
Immigration reform is certainly a Now, in the Homeland Security Act, The PRESIDING OFFICER. The Sen-
difficult area to tackle, but this bill the responsibility for the care and ator from Massachusetts.

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S6522 CONGRESSIONAL RECORD SENATE May 23, 2007
Mr. KENNEDY. Mr. President, I will be possible at this point to address The legislative clerk read as follows:
not take much time. I commend and three amendments that have been of- The Senator from New Hampshire [Mr.
thank the good Senator from Cali- fered and dispense with them? GREGG] proposes an amendment numbered
fornia. This is an extraordinary hu- The PRESIDING OFFICER. The Sen- 1172 to amendment No. 1150.
manitarian need. I have listened to the ator from Massachusetts. Mr. GREGG. Mr. President, I ask
Senator from California on the floor, I Mr. KENNEDY. Mr. President, if the unanimous consent that the reading of
have listened to her in committee, and Senator will yield, I ask unanimous the amendment be dispensed with.
I have listened to her at hearings. This consent that the previous incomplete The PRESIDING OFFICER. Without
is a matter of enormous importance. It voice vote on amendment No. 1173 be objection, it is so ordered.
relates to minors, children, vulnerable vitiated and the amendment be agreed The amendment is as follows:
people, and the record of exploitation. to. This is the Graham amendment. (Purpose: To ensure control of our Nations
This amendment is well thought out. The PRESIDING OFFICER. Without borders and strengthen enforcement of our
She has had strong bipartisan support objection, it is so ordered. immigration laws)
for it. In the past, there has not been The amendment (No. 1173) was agreed Strike section 1 and insert the following:
to. SECTION 1. EFFECTIVE DATE TRIGGERS.
objection to this amendment. I know of
Mr. KENNEDY. I had hoped we could (a) IN GENERAL.With the exception of the
no objection to it. It is an extremely probationary benefits conferred by section
worthwhile amendment. voice vote the amendment of the Sen-
601(h) of this Act, the provisions of subtitle
I have spent a good deal of time com- ator from California. I have been noti-
C of title IV, and the admission of aliens
mending her and talking about the fied that we cannot voice vote it, so we under section 101(a)(15)(H)(ii) of the Immi-
amendment, but she has done an excel- will have to have a rollcall vote on gration and Nationality Act (8 U.S.C.
lent job in its presentation. I certainly that amendment. I believe the Senator 1101(a)(15)(H)(ii)), as amended by title IV, the
hope we will accept this amendment. I from California is prepared to go programs established by title IV, and the
believe we are prepared to accept it. ahead. programs established by title VI that grant
The PRESIDING OFFICER. The Sen- Mr. GREGG. Mr. President, will the legal status to any individual or that adjust
ator from Arizona. Senator from Massachusetts yield for a the current status of any individual who is
Mr. KYL. Mr. President, I have 1 question? unlawfully present in the United States to
Mr. KENNEDY. Yes, I will be glad to that of an alien lawfully admitted for perma-
minute of comments to make on the
nent residence, shall become effective on the
amendment of the Senator from South yield for a question. date that the Secretary submits a written
Carolina, and then I wonder if we can Mr. GREGG. I understand I am next certification to the President and the Con-
proceed with the possibility of three in order to offer an amendment. gress, based on analysis by and in consulta-
amendments being disposed of in quick Mr. KENNEDY. Yes. tion with the Comptroller General, that each
order so that then the Senator from Mr. GREGG. If the Senator from of the following border security and other
New Hampshire can begin with his Massachusetts is not ready to go to measures are established, funded, and oper-
amendment. Senator FEINSTEINs amendment at ational:
Let me make my comments about this time, I suggest I offer mine and (1) OPERATIONAL CONTROL OF THE INTER-
then we do the two amendments in se- NATIONAL BORDER WITH MEXICO.The Sec-
the amendment offered by Senator
quence. retary of Homeland Security has established
GRAHAM. I support this amendment be- and demonstrated operational control of 100
cause it provides a deterrent to future Mr. KENNEDY. That is an excellent
percent of the international land border be-
illegal immigration. While there are a suggestion, if the Senator from Penn- tween the United States and Mexico, includ-
great deal of statistics I would like to sylvania thinks it is a good idea. ing the ability to monitor such border
cite, in the interest of time, let me Mr. SPECTER. Mr. President, I think through available methods and technology.
make this point. it is an excellent idea. Do we have Sen- (2) STAFF ENHANCEMENTS FOR BORDER PA-
There is a very interesting operation ator GRASSLEYs amendment to voice TROL.The United States Customs and Bor-
going on right now in the Del Rio, TX, vote? der Protection Border Patrol has hired,
sector, in something called Operation Mr. KENNEDY. I think we ought to trained, and reporting for duty 20,000 full-
do that in a few minutes. I am hopeful time agents as of the date of the certifi-
Streamline in which they actually
we will be able to do it. I hope that re- cation under this subsection.
have the jail space available to detain, (3) STRONG BORDER BARRIERS.There has
for up to 180 days, illegal immigrants quest will be made either during or
been
caught coming across the border. This after the debate on the amendment of (A) installed along the international land
has been in operation now since 2005. the Senator from New Hampshire. border between the United States and Mex-
Anyone caught entering the United Mr. SPECTER. Mr. President, that is ico as of the date of the certification under
States illegally faces prosecution satisfactory. this subsection, at least
under this particular operation unless Mr. KENNEDY. So, Mr. President, (i) 300 miles of vehicle barriers;
for humanitarian reasons they need to just before the Senator from New (ii) 370 miles of fencing; and
Hampshire begins, we are moving (iii) 105 ground-based radar and camera
be released. It has proven very effec-
along. We are going to take up the towers; and
tive in reducing the number of cross- (B) deployed for use along the along the
ings in that area. The word has spread amendment of the Senator from New
international land border between the
very quickly to people in Mexico that Hampshire, and then it will come back United States and Mexico, as of the date of
if they try to cross in this sector and to our side. We have several Senators the certification under this subsection, 4 un-
they are caught, they are not just who have indicated a desire to offer an manned aerial vehicles, and the supporting
going to be returned home, they are amendment. Then I believe it will go systems for such vehicles.
going to spend time in jail. That to- back to the other side, and I believe (4) CATCH AND RETURN.The Secretary of
tally disrupts their lives. They cannot Senator CORNYN has an amendment. Homeland Security is detaining all remov-
That is how we will proceed. We intend able aliens apprehended crossing the inter-
afford not to be back working some-
to go back and forth. We have quite a national land border between the United
place, either in their own country or in States and Mexico in violation of Federal or
the United States. As a result, the list here. We are making progress. I am State law, except as specifically mandated
word has spread quickly: Dont try to grateful for all the cooperation we have by Federal or State law or humanitarian cir-
cross in that sector or you are going to had. cumstances, and United States Immigration
go to jail. I yield the floor. and Customs Enforcement has the resources
As a result, I think the amendment The PRESIDING OFFICER. The Sen- to maintain this practice, including the re-
of the Senator from South Carolina is ator from New Hampshire. sources necessary to detain up to 31,500
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very well taken. It will provide a deter- AMENDMENT NO. 1172 TO AMENDMENT NO. 1150 aliens per day on an annual basis.
rent for future illegal crossings into Mr. GREGG. Mr. President, I ask (5) WORKPLACE ENFORCEMENT TOOLS.In
compliance with the requirements of title III
the United States. And that is what unanimous consent to set aside the
of this Act, the Secretary of Homeland Secu-
this legislation should be all about, the pending amendment, and I call up my rity has established, and is using, secure and
stopping of illegal immigration. So I amendment, which is No. 1172. effective identification tools to prevent un-
support his amendment. The PRESIDING OFFICER. Without authorized workers from obtaining employ-
Mr. President, if I may address the objection, it is so ordered. The clerk ment in the United States. Such identifica-
Senator from Massachusetts, would it will report. tion tools shall include establishing

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6523
(A) strict standards for identification docu- we need so dearly in this country, un- the Coast Guard capability, and the de-
ments that are required to be presented by less the American people can be con- tention bed capability so that we could
the alien to an employer in the hiring proc- fident that the border is secure as the get operational control over the bor-
ess, including the use of secure documenta-
first condition of immigration reform. der.
tion that
Thus, I think it was really a touch of Throughout this period, as we have
(i) contains
(I) a photograph of the alien; and geniusand I dont think I overstate been ramping upand we have ramped
(II) biometric data identifying the alien; or thatby Senator ISAKSON from Georgia up dramatically. We have come really
(ii) complies with the requirements for to come up with this idea of a trigger from a marginal capability of control-
such documentation under the REAL ID Act over a year ago so that it would be ling the southwestern border to a capa-
(Public Law 109-13; 119 Stat. 231); and clear that the precondition of major bility that is quite high, and we are
(B) an electronic employment eligibility immigration reform would be that the making dramatic strides every day in
verification system that is capable of border would be secure, especially the that area. The numbers that are nec-
querying Federal and State databases in essary were fairly well vetted as we
southwestern border. I congratulate
order to restrict fraud, identity theft, and
use of false social security numbers in the Senator ISAKSON for that initiative, stepped with intensity into this process
hiring of aliens by an employer by electroni- and it is included in this bill in concept 3 or 4 years ago. The numbers in this
cally providing a digitized version of the in that the trigger is in place. bill, therefore, should reflect what was
photograph on the aliens original Federal or The concern I have is that the ele- the consensus position at that time
State issued document or documents for ments which exercise the trigger, so and what I continue to believe is the
verification of that aliens identity and work that we then move on to the policies of consensus position as to the type of re-
eligibility. this bill relative to other elements of sources and the number of people they
(6) PROCESSING APPLICATIONS OF ALIENS. immigration reform, such as the guest need and the type of support they need
The Secretary of Homeland Security has re-
worker program, making sure we have on the border to gain operational con-
ceived, and is processing and adjudicating in
a timely manner, applications for Z non- adequate employer verification, doing trol of the border.
immigrant status under title VI of this Act, the things that are necessary in the This bill we are dealing with calls for
including conducting all necessary back- area of creating more capacity for peo- 18,000 Border Patrol agents, of whom it
ground and security checks required under ple to come into this country who are is assumed 16,000 will be boots on the
that title. qualified in the area of skills, those ground on the border. It calls for some-
(b) SENSE OF CONGRESS.It is the sense of elements are subject to a trigger today thing like 21,000 detention beds. It calls
Congress that the border security and other which is in this bill, and I believe the for something like 70 towers where we
measures described in subsection (a) shall be
specifics around that trigger do not do virtual fence activity. We just let
completed as soon as practicable, subject to
the necessary appropriations. lead, unfortunately, to what we want, out a contract called SBInet, the pur-
(c) PRESIDENTIAL PROGRESS REPORT. which is a secure border. It is a move- pose of which is to replace a program
(1) IN GENERAL.Not later than 90 days ment down the road, but it is a move- which was a total failure, which would
after the date of enactment of this Act, and ment down the road which appears in put an electronic surveillance system
every 90 days thereafter until the require- some way to have been set not on the along the border. That SBInet is a fair-
ments under subsection (a) are met, the basis of what is necessary for control- ly complex technological initiative
President shall submit a report to Congress ling the border but on the basis of what which involves ground sensors, visual
detailing the progress made in funding,
would be necessary to make sure the sensors, and heat sensors, and it in-
meeting, or otherwise satisfying each of the
requirements described under paragraphs (1) operative part of this bill goes into ac- volves unmanned aerial aircraft to
through (6) of subsection (a), including de- tion or occurs within 18 months of pas- cover that part of the border which
tailing any contractual agreements reached sage of the bill. cannot be effectively and should not be
to carry out such measures. So it seems that the numbers which covered with physical fencing. It is a
(2) PROGRESS NOT SUFFICIENT.If the Presi- have been put down in this bill relative complex initiative, but it is one which
dent determines that sufficient progress is to how many Border Patrol agents we will work, we hope, and one which we
not being made, the President shall include need, how many detention beds we are well down the road toward doing.
in the report required under paragraph (1) need, relative to how many observation But for it to work effectively and for it
specific funding recommendations, author-
facilities we need along the border for to be properly built, the amount of re-
ization needed, or other actions that are or
should be undertaken by the Secretary of a virtual fence, relative to other struc- sources that needs to be committed to
Homeland Security. tural needs of the southern border con- it exceeds by a factor of about 30 per-
(d) GAO REPORT.Not later than 30 days trol, those elements were not defined cent what is in this bill. The same is
after the certification is submitted under in terms of what would lead ultimately true in the area of Border Patrol
subsection (a), the Comptroller General shall to full security and operational control agents and in the area of detention
submit a report to Congress on the accuracy of the southwestern border, but those beds, although less is needed.
of such certification. elements were defined as to what was So what I have done in this amend-
Mr. GREGG. Mr. President, the es- perceived as being doable in the next 18 ment is essentially propose that we
sence of this bill for most Americans, I months. take the numbers that we know are
believe, is the need and the desire to The difference between what is nec- necessary to gain operational control
secure the border, to make sure that essary for operational control of the over the border and put those numbers
people coming across our border are border and what those numbers are is into this bill. And that we allow the
coming across legally, that we know not dramatic, quite obviously, but it is trigger, which is this exceptional idea
who they are, and that we are able to significant, very significant. I had the Senator ISAKSON came up with, to func-
manage our border. good fortune for a number of years to tion off those numbers, rather than
It is a national disgrace that we have chair the Homeland Security Sub- backing into the trigger by using the
been unable to control the illegal flow committee of the Appropriations Com- number of months which we think we
of people into our country, especially mittee, and I served on it for a long want to use before we move on to the
the massive illegal flow of people time. So I do believe I am fairly famil- rest of the bill.
across the southwestern border into iar with this issue, as familiar, prob- The difference, as I said, is not dra-
this country. So I dont believe there is ably, as anybody in this body with this matic, significant but not dramatic.
really ever going to be a consensus issue since there were a number of ini- For example, instead of 18,000 border
around major immigration reform, tiatives which I began both as a chair- agentswe had a lot of testimony, a
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which I happen to strongly support. man of the Commerce-State-Justice lot of discussion, and the head of the
I supported last years bill introduced Subcommittee, which was a precursor Border Patrol at the time, Robert Bon-
by Senator KENNEDY and Senator to the Homeland Security Sub- ner, said he needed 20,000 agents on the
MCCAIN. I support the effort this year committee, and then as chairman of bordernot 16, 20. So there is a 2,000
in concept, although I still want to see the Homeland Security Subcommittee agent difference. Now, the issue will be
how it is going to end up in detail. But which were targeted directly on the hiring, the issue will be how quickly
there will never be a consensus support issue of upgrading the Border Patrol you can work them through the system
for major immigration reform, which capability, the port control capability, and bring them on board.

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S6524 CONGRESSIONAL RECORD SENATE May 23, 2007
The issue is attrition. But the fact is, It also eliminates the arbitrary lan- the resources they need in the area of
that is the number where there was guage in here which is a sense of the a virtual fence and regular fencing in
consensus, pretty much, that we need- Senate that everything has to be done order to adequately control the bor-
ed in order to get the right number of within 18 months. As I mentioned, if dernot adequately, but to have actual
agents on the Southwest border20,000; you look at these numbers, you can see operational control over the border.
so 2,000 additional agents over what the basically what happened here, I sus- I hope this amendment would be ac-
bill calls for. pect, was somebody said, what numbers cepted. This is an amendment which
In the area of detention beds, the bill can we be absolutely sure we are going toughens up our commitment to border
calls for 21,000. We are already headed to hit in 18 months so we can exercise security and it does it in the context of
well past that with the appropriations the trigger and the numbers? They what is an idea that makes a lot of
process, so that was almost picking a were good numbers that were put in, sense, which is the Isakson trigger and,
number that was already done. It is but they werent the numbers there therefore, it is, in my opinion, a sig-
like saying we are going to approve had been consensus built around 2 nificant effort to improve the bill and
this event, the trigger will occur if the years ago, 3 years ago, even as recently give people the confidence that when
Sun comes up in the east. The Sun was as 1 year ago, that were needed in order we pass this immigration reform, it
going to come up in the east. The fact to actually gain operational control of will have as its first element our abil-
is 21,000 beds is not enough. We know the border. So this amendment simply ity to make sure we know who is com-
that. We know we need closer to 30,000 says, let us use the trigger mechanism. ing into this country, especially across
beds in order to have the adequate de- It is an excellent idea, and lets take it the Southwest border.
tention capability to stop completely forward but use it as a real trigger that Mr. President, I yield the floor, and I
the catch-and-release issue, which is a functions off of numbers that we know, suggest the absence of a quorum.
huge issue. if they are in place, will create oper- The PRESIDING OFFICER (Mr.
There are a couple of amendments ational control and which will not un- WHITEHOUSE). The clerk will call the
that have already been offered. I think duly delay the execution of the rest of roll.
Senator GRASSLEY has offered that this bill. The legislative clerk proceeded to
amendment. I am not sure of that, but With proper resources, almost every- call the roll.
certainly Senator GRAHAMs amend- thing I have proposed in my amend- Mr. GREGG. Mr. President, I ask
ment, which was just accepted, is re- ment could be accomplished fairly unanimous consent that the order for
lated to that point. So instead of 21,000 quickly. It is more than a statement of the quorum call be rescinded.
beds, the number I have put in my commitment to operational control; it The PRESIDING OFFICER. Without
amendment is 31,000, which is the con- is a commitment to operational con- objection, it is so ordered.
sensus position. Again, it is not hard to trol before the trigger gets pulled. In Mr. GREGG. Mr. President, I ask for
get to 31,000 from 21,000 because we are addition, to make sure we are getting the yeas and nays on my amendment.
already over 21,000, or we are headed the operational control we need, the The PRESIDING OFFICER. Is there a
over 21,000. We can certainly get well amendment has an independent review sufficient second?
above that number fairly quickly. by the Government Accountability Of- There appears to be a sufficient sec-
In fact, 21,000 may be wrong. Maybe fice of the effort by the Department to ond.
the bill calls for 27,000. I apologize. The meet these different benchmarks so we, The yeas and nays are ordered.
number here is 27,000. Somewhere I had as a Congress, will know when there is Mr. GREGG. Mr. President, I suggest
seen 21,000, but if it is 27,000 the bill a certification that the benchmarks the absence of a quorum.
calls for, we are only asking for an- have been reached, the benchmarks ac- The PRESIDING OFFICER. The
other 4,000 beds in order to accomplish tually will have been reached and they clerk will call the roll.
the goal that was agreed to in order to will have been reviewed by an inde- The legislative clerk proceeded to
reach the capacity to handle people pendent group, specifically the Govern- call the roll.
coming into this country and not have ment Accountability Office, to confirm The PRESIDING OFFICER. The Sen-
to release them and ask them to come they have been reached. ator from Massachusetts.
back, which they do not do, for their The amendments purpose is to ac- Mr. KENNEDY. Mr. President, I ask
hearings. complish what the bill wishes to ac- unanimous consent that the order for
In addition, on the virtual fence side complish. The purpose of this amend- the quorum call be rescinded.
and on the hard fencing side, this ment is to make sure the first step in The PRESIDING OFFICER. Without
amendment doesnt call for any addi- this effort of immigration reform is to objection, it is so ordered.
tional hard fencing. The hard fencing secure specifically the Southwest bor- AMENDMENT NO. 1146
language is 370 miles. I happen to be- der so we have a situation where people Mr. KENNEDY. The Senator from
lieve that is probably as close to the are not continuing to cross into this California, Mrs. FEINSTEIN, had an
number as we need. Hard fencing is country illegally after we have passed amendment. I understand now that we
needed in urban areas, but most of the immigration reformor at least there are prepared to voice-vote that amend-
border is not urban. In the nonurban is a clear roadmap which will get us to ment.
areas, hard fencing is not functional the resources and the number of people The PRESIDING OFFICER. The Sen-
and doesnt add a whole lot to our secu- we need on the southwestern border to ator from Pennsylvania.
rity or to our ability to control the assure people wont be coming into this Mr. SPECTER. Mr. President, the
border. But we do need additional vehi- country illegally along that border be- Feinstein amendment has been cleared
cle barrier fencing, probably another cause we will have the necessary sup- on this side of the aisle. I agree with
100 miles over what this bill calls for, port to accomplish that. It is, I believe, Senator KENNEDY, we can voice-vote it.
which is 200 miles, which is already in an extremely reasonable amendment. The PRESIDING OFFICER. Is there
place and we are headed toward, so this Ironically, the numbers in this further debate on amendment No. 1146?
calls for 300 miles of vehicle fencing, amendment have been offered from the The question is on agreeing to
which was what we agreed to back other side of the aisle on numerous oc- amendment No. 1146.
when we did the Safe Border Initiative. casions, or pretty close to these num- The amendment (No. 1146) was agreed
On the virtual capability, this bill bers, by Senators who feel, as I do, that to.
calls for 70 towers. Well, we are already the border needs to be secure. I would AMENDMENT NO. 1172
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headed toward 70 towers. We know we note especially Senator BYRD has had a Mr. KENNEDY. Mr. President, now
can build 70 towers, but 70 towers isnt number of amendments right along we have the Gregg amendment that is
what we need to make the system this course where he has said, let us do pending; am I correct?
work. We need significantly more than what we have to do in the area of re- The PRESIDING OFFICER. The Sen-
that. We believe, within a reasonable sources to assure that Homeland Secu- ator is correct.
timeframe, we can build 105 towers, rity has the people they need in Border Mr. KENNEDY. Mr. President, I will
which would have us on track, so this Patrol agents, has the resources they say a brief word about this amend-
language calls for 105 towers. need in the area of detention beds, has ment. If others want to say a word

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6525
about it, that is fine. Then I intend to want to come in will build a 51-foot against the Gregg amendment. There is
make a motion to table it. high ladder. That happens to be the broad agreement among all Members
Mr. President, the Judiciary Com- fact. That is why we have heard from who have been working on this reform
mittee, long before we developed this those who have been involved in na- package that we need to secure the
legislation, had extensive hearings tional security and border security who border. Indeed, when you look at what
about border security. We listened to say: You need the comprehensive ap- Secretary Chertoff has said we need to
Secretary Chertoff speak. We listened proach that is the underlying bill. do to secure the border, he has said we
to him both in open session and in I think the Gregg amendment will need to do a number of different things
closed session. delay the opportunity for us to do the which we have incorporated in this leg-
I am convinced those recommenda- underlying kind of effort to which we islation. We call for 18,000 Border Pa-
tions were the best information that have been committed. I think, there- trol agents. We call for 370 miles of
we had in terms of our border security fore, we should not accept that. fencing, 200 miles of vehicle barriers, 70
and they are incorporated in this legis- The PRESIDING OFFICER. The Sen- ground-based radar and camera towers,
lation. ator from Pennsylvania. 4 unmanned aerial vehicles, new check-
It is a reflection of a bipartisan effort Mr. SPECTER. Mr. President, I urge points and ports of entry, and a host of
to make sure that we are going to do my colleagues to vote against the other things. Those numbers were not
everything that is necessary and can be amendment by the Senator from New just picked out of the sky and put into
done to provide a secure border. We are Hampshire. The changes he makes are this bill; those are the numbers the
using the latest in technology. They only modest in nature. I think they are Secretary of Homeland Security said
are using the fence areas where they not directed to accomplish a signifi- we need in order to secure the borders.
believe that is appropriate and have cant change: from 1,800 Border Patrol He has been a constant presence in the
the support to do it. agents to 2,000; from 200 miles of vehi- fashioning of the immigration reform
They are using the latest in terms of cle barriers and 70 ground-based radar proposal that is before the Senate. The
aerial drones, the latest in terms of and camera towers, he moves for 300 Gregg amendment essentially would
barriers that are out there. All of the miles and 205 ground-based radar and derail the triggers that have been set
latest in technology will be used in camera towers. up and is inconsistent with what we
terms of securing our border. He changes the detention service have heard from the Department of
Now, the Senator from New Hamp- from 27,500 to 31,500, and a change in Homeland Security.
shire says he wants additional kinds, some additional protection. I join Senator KENNEDY and Senator
as well as dramatic increases, in the This has been very carefully cali- SPECTER and my colleagues in urging a
total number of Customs agents. brated. We are looking for an 18-month no vote on the Gregg amendment.
What we have to understand, what period for the completion of these trig- Mr. KENNEDY. Mr. President, I see
has been clear since we have started gers. The Secretary of Homeland Secu- the Senator from New Hampshire. I
this whole kind of a process is, if we rity, Michael Chertoff, has assured us, would be glad to withhold if the Sen-
are going to control our border, as we in testimony before the committee and ator wanted to address the Senate; oth-
have heard from Homeland Security, in the extensive negotiations, that erwise, I will make a motion to table
the leader of Homeland Security, it has these are realistic. We have questioned the Gregg amendment.
to be comprehensive. Secretary Chertoff about whether it Mr. GREGG. Mr. President, I appre-
You have to have a secure border, but can be done within this period of time ciate the Senators courtesy. I wish to
you also have to have some oppor- because they are conditions precedent. respond briefly to the points which
tunity to have a border which permits Until these barriers and fencing and were made.
individuals to be able to come through Border Patrol agents are in place, the The numbers in this bill are numbers
the front door if you are going to help balance of the bill cannot go forward. which are a fait accompli. They are
them. That is the assurance to those who numbers which we already know we
What I mean is, you are going to will reach within the next 18 months, if
wonder if we are serious about securing
have to complete this in a timely way. we stay on the appropriations path
our borders before going ahead with
If we just think we are going to be able which was set up by myself and Sen-
the other parts of the program. We do
to delay the completion of a com- ator BYRD 2 years ago, but they are not
not want to tamper with what the Sec-
prehensive program, which the Gregg the numbers on which there was con-
retary has articulated. The additional
amendment will do, we are going to sensus needed in order to bring oper-
requirements obviously will take
find out the borders are going to con- ational control to the borders. They
longer to complete. We have this bill in
tinue to be penetrated over the foresee- are not those numbers. They are good
place. I urge my colleagues to stay
able future. That just happens to be numbers. They are a-step-in-the-right-
with the negotiated arrangement and
the fact. direction numbers. That is why we
We made those points at the time to to reject the Gregg amendment.
The PRESIDING OFFICER. The Sen- funded them and put in place a path to
those who have said they want to abol- continue to fund them. But there was
ator from Massachusetts.
ish or close out a temporary worker absolute consensusand dont let any-
Mr. KENNEDY. Mr. President, I
program. If you think you can build a body come to this floor and say some-
move to table the Gregg amendment
border and have border security there thing elsethat the numbers for gain-
and ask for the yeas and nays.
and have no opportunity for any indi- ing control over the border are dif-
Mr. SALAZAR. Will the Senator
viduals to be able to come in legiti- ferent than these numbers. If they
withhold?
mately, you have not listened to the Mr. KENNEDY. I will. werent, then we wouldnt have let the
record and you have not listened to the The PRESIDING OFFICER. The Sen- contract on creating the virtual fence,
testimony and you have not listened to ator from Colorado. because the numbers in this bill do not
those who have been responsible for na- Mr. SALAZAR. Mr. President, what come anywhere near the completion of
tional security. is the parliamentary situation? the virtual fence.
They say you have to have some oppor- The PRESIDING OFFICER. The The numbers in this bill do not come
tunity for individuals to choose the more anywhere near what is needed to have
pending question is the Gregg amend-
hopeful aspect rather than risk their lives
out in the desert. Now, with the Gregg ment No. 1172. the detention beds necessary to com-
Mr. SALAZAR. I ask unanimous con- pletely end catch and release, nor do
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amendment, what that will do is effectively


ensure that we are denied a temporary work- sent to speak for 2 minutes against the they reach the numbers necessary to
er program, we are denied the opportunity to Gregg amendment. have the number of people on the bor-
have any chance for individuals to come The PRESIDING OFFICER. Without der necessary to control the border.
through the front door. objection, it is so ordered. The Commissioner of Customs, Mr.
As Governor Napolitano pointed out Mr. SALAZAR. Mr. President, I join Bonner, made it very clear in testi-
very clearly in her record materials my colleagues, the floor managers of mony 3 or 4 years ago that they needed
that we have used previously, if you this bill, Senators Kennedy and Spec- 20,000 agents on the ground on the bor-
build a 50-foot high fence, those who ter, in urging our colleagues to vote der.

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S6526 CONGRESSIONAL RECORD SENATE May 23, 2007
This amendment hasnt asked for a border. This simply calls for those re- very doable event. The detention beds
radical change from what the bill sug- sources to be consistent with what the are certainly doable because you can
gests. It says the bill makes a great testimony has been over the last few actually, if you cant build themof
stride, but if we are to use the Isakson years as to what is needed in order to course, what we should be doing is put-
trigger effectively, which we want to accomplish that. ting up tent cities, which we are doing,
and the purpose of the trigger is to The great irony is less than 6 months but in any event, you can contract
make sure the border is secure before ago, we passed the Safe Fence Act. The them out, potentially. We are talking
we move to the next step in the bill Safe Fence Act essentially put in place another 2,000 beds. The border agents is
then we have to have the resources on the mechanism which got us to these an issue, but if it is going to be an
the border to accomplish that security. numbers. The Safe Fence Act called for issue at 18,000, it will be an issue at
The resources necessary to do that are this action. The Safe Fence Act got 92 20,000. Hiring border agents has become
20,000 agents, which is an increase of votes. It seems to me if 6 months ago a function of finding the people we
2,000 over what the bill calls for; the we believed these were the numbers know we want to do the job. But it is
addition to 31,000 beds is an increase of that should be used for fencingand still very doable within that time-
about 2,500 over what the bill calls for; that is one element of ithow can we frame.
an additional 100 miles of vehicle bar- change 6 months later and say: We are I am not sure it will delay it at all.
rier over what the bill calls for; and going to step back from that and that I suspect you could still do all this
within a timeframe we believe is rea- is not the number we need in order to within 18 months, but there should not
sonable, so you could still hit the 18 have the trigger occur? If this were a be a set series of months at the end of
months or be close to it, not 70 towers dramatic shift, a radical shift, an un- which we are going to say: OK, we have
of virtual fencing, which is where the dermining shift in the exercise of this operational control of the border, and
communications and the optics will be bill, I would say, fine, oppose it; it is an we can move on to the next things.
operated out of, but 105. That wont be attempt to kill the bill. But just the What we should have, rather, is a set of
the end of the towers, but that would opposite is the case. I am one of the very determinable benchmarks which
be enough to allow operational control few people on my side of the aisle who will allow us to say that benchmark
over the border. actually voted for the Kennedy-McCain has been met and there is consensus
This is not dramatic or radical. It is bill the last time it came through here. that that benchmark will accomplish
not even a grand change from what the I am on record and my commitment is what we say it will. In this instance,
bill suggests. It is simply a change that to do immigration reform. that is the issue of operational control
meets the conditions which we know I also know the American people will of the border.
are necessary in order to give oper- not be sold on the idea that we are So I would hope people would not
ational control over the border. The going to do immigration reform until vote to table this amendment. I would
point which this amendment makes is they are confident our border is secure, note that many Members on the other
that operational control of the border especially the southwestern border side of the aisle have voted for these
should not be determined by an arbi- where the vast numbers of people are types of resources in the past, when the
trary number of months going byin coming in illegally. The northern bor- amendment had been offered by Sen-
other words, if 18 months go by, we will der is a whole other issue and a serious ator BYRD. So you may want to ask
lose operational control over the bor- one, especially from the view of ter- yourself, are you going to be consistent
der. It should be set by the resources rorism. But on the southern border, if you vote against this one?
being in place on the border which will people want it stopped. They want to But, more importantly, I think you
limit the ability of people to come know there are in place the resources have to ask yourself, are these
across the border illegally. That is to allow us to control that border be- changesan additional 2,000 border
what this language does. How much fore we take the next step into immi- agents, an additional 100 miles of vehi-
more will this language cost than what gration reform, which next steps are cle barriers, an additional 2,500 beds
the bill costs? About $700 million more. critical and necessary. That is, of so onerous that they are deal killers? If
That certainly should be within the course, the genius of the Isakson trig- that is the case, then this bill must be
funding capabilities of the Appropria- ger for which he deserves great credit, dead because we just passed an amend-
tions Committee. In fact, if the admin- and which this language will essen- ment to cut the number of temporary
istration wanted to, they could send up tially make more effective because it workers in half. Now, that is a serious
a supplemental to accomplish that. accomplishes the underlying goal of issue. This is taking procedure and put-
That is a very doable event. the trigger mechanism. ting it over policy when you take that
Then it has a second condition, which How long will this delay over the 18 position to the extreme.
is, it simply says the certification that months, which appears to be the arbi- So I hope Members will support this
these numbers have been met shall be trary number? In fact, a sense of the amendment. If the Senator from Mas-
reviewed by GAO. I do think as a Con- Senate in this bill says everything has sachusetts is inclined to move forward
gress we would want that independent to be done in 18 months. How long will at this moment, I have no problem.
review. That is reasonable. these numbers I have suggested we The PRESIDING OFFICER. The Sen-
It takes the number of Border Patrol meet, which arent my numbers but are ator from Massachusetts.
agents up by 2,000 and gets it to the numbers that have been around and on Mr. KENNEDY. Mr. President, I will
number that was agreed to as being which there was consensus before this include in the RECORD the Homeland
needed. It takes the number of beds up bill came out of committee or came Security proposal that was shared with
by about 2,500 and gets the number out of the working groupit never the members of the committee. We
which was agreed to. It takes the num- came out of committee, obviously asked what was going to be necessary
ber of vehicle barriers up by 100 and came out of the working group around for secure borders. I have in my hand
gets to the number that was contracted which there was so much consensus the proposal of Homeland Security.
for. It does not change the fencing re- last year that we had a 92-to-2 vote on That is what we have included in this
quirement. It keeps that at 370 miles. the Safe Fence Act, how much will legislation, their recommendations. I
It adds 35 towers for the virtual fence, that extend that time period beyond 18 am sure we could always do more and
which is what the contract called for. months? Actually, it might not extend more and more, but what we have done
To represent this is some sort of it at all. is taken what has been the rec-
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amendment which therefore fundamen- With proper dollars, Homeland Secu- ommendations of Homeland Security
tally undermines the core agreement is rity could probably do all of these in each and every one of these areas.
absurd on its face. The core agreement things within the next 18 months. Cer- They have made it very clear that in
was, we would put in place, using the tainly, they could do the extra hun- carrying forward and reaching these
Isakson trigger, which was a stroke of dreds of miles of vehicle barrier. I am recommendations it is going to take a
genius for resolving this issue, re- told they can do the extra 35 towers combination of different elements. It is
sources on the border which would without the contractor. We have talked going to take their own kind of man-
allow for operational control of the to the contractor. He thinks that is a power to be able to reach this. It is

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6527
going to take the technology to be able processing requirements above the current pression, I regret it. I say to the Sen-
to reach itover what period of time in Application Service Center (ASC) capacity. ator from New Hampshire, we have
terms of the contracting, and all the Not every applicant will require an adju- been longtime friends, and we have
dication interview (based upon S. 2611 re-
rest. quirementscurrently constructing plans
been trying to have a process of mov-
But as to what was necessary in for interview of all applicants). ing this along. I had not known, at
terms of securing the border, that was TWP applicants will be screened against least on our side, we had other people
it. We are all for it. This is what they all relevant security checks. prepared to speak. I had not heard
told us. That is what we have accepted. USCIS will receive the funding and re- there were others who were prepared to
We have gone over the list. I will make sources necessary to upgrade systems infra- speak on the other side. So that was
it part of the RECORD. It goes over the structure to handle increased processing de- basically the reason for moving ahead.
numbers of hires, going all the way mand. Funding must be made available to But I am glad to withdraw the mo-
into the Border Patrol agents. They DHS at least 6 months before applications
can be accepted.
tion, as I was earlier. I would hope the
come into the whole issue of border Senator would understand, and we
Mr. KENNEDY. Mr. President, I now
barriers and surveillance, the number would hear from the Senator, if he so
move to table the amendment of the
of miles each year planned, what they desires. We want to, at some time,
Senator from New Hampshire.
believe is necessary. They review what reach some judgment on the amend-
Mr. GREGG. Mr. President, I make a
they believe is the timeline for the ment, but I am glad to work that out
point of order a quorum is not present.
catch and return, the number of beds with the Senator, as I have tried to
Mr. KENNEDY. Mr. President, I
that are going to be necessary. They go over the years.
would make a motion to table the
through the various milestones, the Mr. GREGG. Mr. President, I appre-
amendment of the Senator
start-up costs, the actual recurring ciate the courtesy of the Senator from
Mr. GREGG. Mr. President, I will
costs. Massachusetts, and I will take 2 min-
They have outlined all of this in very make a point of order a quorum is not
present. utes to respond to his comment, and
careful detail. That is what we have then I would be happy to have the Sen-
done. Every Member of the Senate Mr. KENNEDY. From New Hamp-
shire, and I ask for the yeas and nays. ator renew his motion. That was all
ought to understand, these are Home- the time I wished to use to respond
land Securitys recommendations to se- Mr. GREGG. I make a point of order
a quorum is not present, Mr. President. the issue being I had not been aware
cure the border, and that is what we the Senator was going to respond to
Mr. KENNEDY. Yeas and nays, Mr.
have included in the legislation. It is my comment. But I did believe his
always possible, I am sure, to be able President.
The PRESIDING OFFICER (Mr. comments deserved a response, and
to do more. We have done what was that is what I was seeking recognition
OBAMA). Is there a sufficient second?
recommended to secure it, and I think to do at the time I was cut off. How-
Mr. KENNEDY. Yeas and nays.
it is a very effective program. ever, I do appreciate the Senators
Mr. President, I ask unanimous con- Mr. GREGG. Mr. President, a quorum
is not present. I make a point of order courtesy.
sent that the material be printed in the In response to the specifics of the
RECORD. that a quorum is not present.
Mr. KENNEDY. The yeas and nays, Senators representations that the De-
There being no objection, the mate-
Mr. President. partments position is that these num-
rial was ordered to be printed in the
The PRESIDING OFFICER. There is bers, as contained in the bill, will ac-
RECORD, as follows:
not a sufficient second. complish operational control of the
STAFF ENHANCEMENTS FOR BORDER PATROLGOAL: IN- The clerk will call the roll on the border, I find that to be entirely incon-
CREASE BORDER PATROL AGENTS BY 6,000 BY DE- quorum. sistent and unsupportable, first, from
CEMBER 31, 2008 The assistant legislative clerk called the testimony of the Departments
the roll. lower level individualswho are in
Projections FY07 FY08 FY09 Total Mr. KENNEDY. Mr. President, I ask charge of these agenciesbefore the
Starting Onboard ..................... 12,319 14,819 17,819 18,319 unanimous consent that the order for Appropriations subcommittee which I
Hires ........................................ 3,900 4,350 850 9,100 the quorum call be rescinded. chaired at the time, specifically, the
Addition ................................... 2,500 3,000 500 6,000
Attrition ................................... 1,400 1,350 350 3,100 The PRESIDING OFFICER. Is there Director of the Border Patrol, Mr. Bon-
End of Year Onboard .............. 14,819 17,819 18,319 .............. objection? ner, who made it very clear he needed
Without objection, it is so ordered. 20,000 border agents; and, secondly, the
STRONG BORDER BARRIERS AND SURVEILLANCE Mr. KENNEDY. Mr. President, if I fact they had let a contract which has
[Dollars in millions] could have the attention of the Senator in it significantly more numbers in the
from New Hampshire, we were nec- area of virtual fencing towers than are
Total es- essarily absent during the earlier pres- in this bill. If they did not need those,
timated
FY06 FY07 Calendar cost entation by the Senator from New why did they have a contract which
actual 1 planned year 08 FY06
FY08
Hampshire at a meeting with calls for them?
The PRESIDING OFFICER. The Sen- So I think on its face the representa-
Miles of primary fence ............ 75 +70 1 +225 $998M ator is advised that a motion to table tion of that proposal may be that is
Miles of vehicle barriers ......... 57 TBD 200 $176M
Ground-based radar and cam- has been made. It is not debatable. what they can do in 18 months, but it
era towers (technology) ...... 0 TBD 70 2 $737M
Mr. KENNEDY. I withdraw the mo- is not what they need to do for oper-
Unmanned Aerial Systems
(UAS) (A&M) ........................ 1 +1 3+2 $85.6M tion to table. ational control.
1 Equals
The PRESIDING OFFICER. Without The proposal I have is the numbers
370 miles total.
2 Reflects the fully loaded costs of the integrated technology solution, in- objection, it is so ordered. necessary to obtain operational con-
cluding engineering, unattended ground sensors, communications, etc.
3 Equals 4 total UAS.
Mr. KENNEDY. Mr. President, I was trol: 2,000 more border agents than
under the impression we had gone called for in the bill, 2,700 more beds
KEY ASSUMPTIONS OF TIMELINE through the debate and discussion. I than called for in the bill, 35 more tow-
USCIS will publish regulations governing had indicated I was going to make a ers for virtual fencing than called for
the TWP within 6 months of enactment, pur- motion to table. When the Senator in the bill, and 100 miles more of vehi-
suant to expedited rulemaking authority.
USCIS will begin accepting and adjudi- from New Hampshire came to the floor, cle fencing.
cating applications 6 months after enact- I was glad to withhold as the Senator It is not outrageous, not incon-
remembers. The Senator, as I under- sistent, not inappropriate, and will ac-
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ment of the legislation.


USCIS will stop accepting applications 18 stood it, had finished his comments, tually strengthen this bill and make
months after enactment. and I made brief comments. the American people believe we are
A total of 12.5 million unauthorized aliens I am more than glad, if the Senator doing something constructive in the
may be eligible for the immigration benefits
wants to address the amendment. We area of border security.
associated with the TWP, of which approxi-
mately 93% are expected to apply for the have just been in the process of trying With that, I appreciate the courtesy
program. to move along. I have no intention of of the Senator from Massachusetts in
Additional temporary sites will be estab- cutting him off. We have not attempted allowing us to reopen the debate and
lished, equipped, and manned to support to cut anyone off. So if he had that im- ask unanimous consent that further

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S6528 CONGRESSIONAL RECORD SENATE May 23, 2007
debate on this amendment be ended there a clear picture on whether you will be able to give an announcement
and that the Senator be allowed to might expect additional rollcall votes about where we are.
make his motion, which he has a right tonight or would they be debated to- Mr. CORNYN. Mr. President, if the
to do anyway. night and held over until the morning? Senator from Massachusetts will yield,
The PRESIDING OFFICER. The Sen- What do the bill managers anticipate? I am happy to offer my amendment to-
ator from Massachusetts. Mr. KENNEDY. Mr. President, I night and wait to vote on it tomorrow,
Mr. KENNEDY. I suggest the absence think we would like to try to at least if that suits the schedule of the bill
of a quorum. get another vote, possibly two. I think managers. I wanted to offer that. I
The PRESIDING OFFICER. The we will know more clearly in about 15 would like to offer it tonight and have
clerk will call the roll. minutes and we will notify our col- the debate tonight, but if you would
The assistant legislative clerk pro- leagues. I think we have made some like to stack the vote up with others
ceeded to call the roll. good progress. We had several of our tomorrow, that is fine.
Mr. KENNEDY. Mr. President, I ask colleaguesas always, these are enor- Mr. KENNEDY. If we could proceed
unanimous consent that the order for mously importantfrom the Armed with the Senator from Tennessee for 5
the quorum call be rescinded. Services Committee and others. We minutes and the Senator from Iowa for
The PRESIDING OFFICER. Without will probably have a brief window to- 10 minutes, and then we will announce
objection, it is so ordered. morrow. what the plan is for the evening and for
Mr. KENNEDY. Mr. President, I ask The Senator from Arizona, Senator the morning. I ask unanimous consent
unanimous consent to vitiate the yeas MCCAIN, was here earlier and wants to to do that.
and nays on the Gregg amendment. do an amendment on back taxes, and I The PRESIDING OFFICER. Without
The PRESIDING OFFICER. Is there have indicated I thought we could objection, it is so ordered.
objection? Without objection, it is so probably do that in the morning and The PRESIDING OFFICER. The Sen-
ordered. we will try to work out a time with ator from Tennessee is recognized.
Mr. KENNEDY. Mr. President, we are him. We are trying to follow going INTERNET TAX FREEDOM EXTENSION ACT OF 2007
prepared to vote. back and forth, but if there are people Mr. ALEXANDER. Mr. President,
The PRESIDING OFFICER. The here from a particular party who are today, Senator CARPER and I intro-
question is on agreeing to the amend- prepared to go ahead, we want to try to duced the Internet Tax Freedom Exten-
ment. deal with that. sion Act of 2007. Other cosponsors were
The amendment (No. 1172) was agreed I think we will have a limited time in Senators FEINSTEIN, VOINOVICH, and
to. the morning. I dont know when we are ENZI. All of those Senators have been
Mr. KENNEDY. Mr. President, I going to get the supplemental, but I interested in this subject for the last
thank the good Senator from New am hopeful we would have at least a few years.
Hampshire. We continue to make window in the morning. The bill would, very simply, extend a
progress. I thank him. I know his Mr. KYL. Mr. President, if I could in- moratorium on Internet access taxes
strong views on this, and we will con- terrupt my colleague to give a couple by State and local governments for an-
tinue to work on it as a matter of enor- of bits of further information, the next other 4 years. This is a commonsense
mous importance. I know the Senator opportunity for an amendment should compromise of what can sometimes be
from Arizona and others feel very be from the Democratic side. Senator a very complicated discussion about
strongly. We want to have a secure bor- CORNYN is ready to proceed with an continuing the moratorium, without
der. People have differing views, but we amendment, and also Senator blowing a hole in the budgets of State
will work very closely to try and HUTCHISON has an amendment I think and local governments.
achieve the objectives, and we will that is cleared on both sides that we We all want to be careful about so-
work very closely with him as we go to could do by voice vote, when that is ap- called unfunded Federal mandates. We
conference and in conference as well. propriate. But the next amendment want to respect State and local govern-
We all understand this is a work in should come from the Democratic side. ments. But at the same time we want
progress. My suggestion would be, while we are to create an environment that encour-
Now, for the Members, I know Sen- deciding the immediate future ahead of ages technology. We believe this would
ator CORNYN wanted to offer an amend- us, that Senator ALEXANDER be allowed do that.
ment. As I understand it, he is still in to proceed on a matter that is unre- The background of all this is, briefly,
the Armed Services Committee. We lated, and then we could go to the that originally Congress passed the
were ready to go on our side. We had an Democratic side. Internet Tax Freedom Act in 1998,
amendment of the Senator from North Mr. KENNEDY. That would be fine. I which did an extraordinary thing. It
Dakota which is going to sunset the see the Senator from Iowa here who said State and local governments could
temporary worker program. He is giv- wanted to make a comment as well. not tax Internet access for three years.
ing thought to that. If he would like Mr. KYL. Mr. President, up to 5 min- That sounds like a good thing, but we
toI see Senator CORNYN is here now. utes for Senator ALEXANDER. could just as easily pass a bill we
We may go out of sync here, but if we Mr. CONRAD. Mr. President, might I might call the food tax freedom act,
wanted to go ahead with thatI see my inquire, is there any possibility of hav- because that would keep State and
friend from Arizona. ing further debate tonight and votes in local governments from taxing food; or
I yield the floor. the morning in lieu of additional votes because we are against income taxes,
Mr. KYL. Mr. President, in order to this evening? we might say the income tax freedom
take the next 10 minutes or so, my un- Mr. KENNEDY. That is always pos- act and ban Tennessee from having an
derstanding is that Senator CORNYN sible. We would like to check with the income tax; or we might say the sales
will be ready in a few minutes, but in leadership. Senator CORNYN has been tax freedom act, or the property tax
the meantime, a couple of people have extremely patient through this process freedom act, or the telecommuni-
been waiting patiently to speak for and has indicated at the start of the cations tax freedom act. But instead
maybe no more than 5 minutes or so. I day that he would like to be able to ad- we created the Internet Tax Freedom
think the Senator from Tennessee dress the Senate on an issue. He has Act, meaning, in effect, that States
would like to do that. now returned. I would like to see if we could not tax Internet access. The ra-
Mr. CONRAD. Will the bill managers cant have maybe a short period here tionale was that the Internet and elec-
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yield for a question? and then I could try and make an as- tronic commerce is a fledgling indus-
Mr. KENNEDY. Sure. sessment and let the Senator know. try, and Congress extended that in 2001.
The PRESIDING OFFICER. The Sen- But I would be very hopeful that we In 2004, after extensive debate, we
ator from North Dakota is recognized. would be able to address Senator COR- worked out a compromise extending
Mr. CONRAD. Mr. President, for the NYN tonight, and then I could talk to this moratorium over the next 4 years.
information of the body, could the Sen- the Senator from North Dakota and The compromise we worked out in
ators give us some picture on the vot- Senator MCCAIN. If we can get those 2004, according to the National Gov-
ing circumstances this evening? Is lined up for the morning, maybe we ernors Association, may have saved

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6529
State and local governments up to $12 The legislative clerk proceeded to The Senator from Texas [Mr. CORNYN] pro-
billion in revenue. All of us want to call the roll. poses an amendment numbered 1184 to
keep taxes low, but here is where I am Mr. SPECTER. Madam President, I amendment No. 1150.
coming from. When I was Governor, ask unanimous consent that the order Mr. CORNYN. Madam President, I
nothing made me angrier than for for the quorum call be rescinded. ask unanimous consent that further
Members of Congress coming up with a The PRESIDING OFFICER (Ms. reading of the amendment be dispensed
big idea to pass a law, take credit for CANTWELL). Without objection, it is so with.
it, and send the bill to the Governors, ordered. The PRESIDING OFFICER. Without
legislators, mayors, and county com- Mr. SPECTER. Madam President, I objection, it is so ordered.
missions. That is what we will do if we believe we are now prepared to turn to (The amendment is printed in todays
are not careful about the Internet ac- the Cornyn amendment. RECORD under Text of Amendments.)
cess tax because, as we saw 4 years ago, The PRESIDING OFFICER. The Sen- Mr. CORNYN. Madam President, I
telephone calls moved to the Internet. ator from Texas. know we are all anxious to proceed. No
If we banned taxes on telecommuni- Mr. CORNYN. Madam President, is one is more anxious than I to proceed
cations as part of Internet access, tele- there a pending amendment? with the hearing of amendments and
phone calls over the Internet would be The PRESIDING OFFICER. There is. debate. I think colleagues will, when
free from taxation. AMENDMENT NO. 1184 TO AMENDMENT NO. 1150 they hear what this amendment is
That sounds good, except States (Purpose: Establishing a permanent bar for aboutand I apologize that, due to the
might have to increase college tuition, gang members, terrorists, and other crimi- legislative counsel being backed up
increase sales tax on food, or some nals) drafting amendments, we have only re-
States might have to put in, for the Mr. CORNYN. Madam President, I cently been able to distribute the
first time, a State income tax. ask unanimous consent to set aside the amendment text, but I think as I de-
Mr. President, $12 billion in revenue pending amendment, and I send an scribe this amendment, my colleagues
is a lot of money. The definition of amendment to the desk and ask for its will share my concern with two prob-
Internet access that is in this new com- immediate consideration. lems that are in the underlying bill.
promise that Senator CARPER and I in- The PRESIDING OFFICER. Without First, this amendment would do two
troduced on the moratorium would, for objection, the pending amendment is things: The amendment would provide
the next 4 years, protect State and set aside. technical corrections to what I can
local governments, while continuing Mr. SPECTER. Madam President, if only assume are drafting oversights in
the moratorium on Internet access. It the Senator from Texas will yield for a the underlying bill as well as close
is sensible. I think we will debate it question. loopholes in the current law. These
more over time. Maybe it will even be We are trying to determine what is technical corrections include closing
accepted by all parties. I wanted to sig- going to happen on the balance of the loopholes that fail to permanently bar
nal on my behalf, Senator CARPERs be- evening. Senators, understandably, at 6 from the United States and prohibit
half, and on behalf of the National Gov- oclock, are asking if there is going to awarding of any immigration benefits
ernors Association, the National Con- be a vote this evening. I understand to the following categories of individ-
ference of Mayors, and the National from our conversation in the cloak- uals: No. 1, persons associated with ter-
Association of Counties, that we be- room that there are two Senators who rorist organizations; No. 2, violent
lieve it is very important to do no are considering joining with you and gang members; No. 3, sex offenders; No.
harm to State and local government. If you are not now prepared to enter into 4, alien smugglers who use firearms;
we want to give a tax break to the tele- a time agreement. But if those Sen- and, No. 5, repeat drunk drivers.
communications companies or to Inter- ators would come to the floor and let The question I put to my colleagues
net companies, then we in Congress us know what they intend to do, we is whether Congress should perma-
should pay for that and not send a bill will be in a position to see if we can nently bar from the United States and
to State and local governments. vote. We wish to vote this evening, but from receiving any immigration ben-
This avoids our having to do that be- we dont want to keep people around efit the persons in the categories I have
cause the moratorium carefully defines here if we are not going to vote. just described and others who are dan-
Internet access to mean States are free Mr. CORNYN. Madam President, I gerous to our society. I sincerely hope
to continue to make their own deci- agree with the distinguished Senator none of my colleagues would answer
sions. This doesnt mean States should from Pennsylvania and will certainly this question in the negative.
attempt to tax the Internet; it means try to work to accommodate every- Let me point out a couple of exam-
States may, if they choose, impose a body. It is not my intention to keep ples of what I will call the technical
sales tax on Internet services, just as people hanging around here if we are fixes that are sorely needed. Current
States may impose a tax on food, or on not going to vote, but I cant enter into law prohibits U.S. citizens convicted of
medicine, or on gasoline, or may im- a time agreement specifically yet until sex crimes against minors from bring-
pose a tax on income. That is the job of we can get some people who are exam- ing a relative into the country. This
State and local government. That is ining the amendment, the cosponsors bill, however, does not specifically pro-
not the job of the Congress. who might wish to speak on it. hibit aliens who would be removed
I am glad to join with Senators CAR- Mr. SPECTER. Maybe I could direct from the country because they are sex
PER, FEINSTEIN, VOINOVICH, and ENZI in the question to the Senator from offenders and fail to register as such
introducing the Internet Tax Freedom Texas. Would it be out of line to iden- from entering the United States and
Extension Act of 2007. I am glad to ex- tify the Senators we have in mind so getting legal status, such as lawful per-
tend a commonsense moratorium on we can direct them to the floor to get manent residence status.
State and local taxation of Internet ac- this resolved? This, as I say, is what I believe to be
cess, and I look forward to passage of Mr. CORNYN. I hate to identify them an oversight. Perhaps in the haste in
that legislation before long. until they have made a decision to co- which the bill was drafted it has been
The PRESIDING OFFICER. The Sen- sponsor the amendment or to speak on left out, but it needs to be fixed, obvi-
ator from Iowa is recognized. it, because they may want to study in ously.
(The remarks of Mr. HARKIN per- confidence and then make a decision The bill also retains a loophole under
taining to the introduction of S. 1469 whether they want to cosponsor it or current law that would allow an alien
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are located in todays RECORD under come to the floor. We are in commu- who has been repeatedly convicted of
Statements on Introduced Bills and nication with them, encouraging them. driving while intoxicated to remain in
Joint Resolutions.) Mr. SPECTER. Madam President, the United States and get legal status,
Mr. HARKIN. Mr. President, I yield they know who they are. We would ask such as a Z status or a green card.
the floor, and I suggest the absence of them to come to the floor. The bill also retains the loophole in
a quorum. The PRESIDING OFFICER. The current law that allows an alien who
The PRESIDING OFFICER. The clerk will report the amendment. belongs to a terrorist organization, or
clerk will call the roll. The legislative clerk read as follows: perhaps even committed terrorist acts

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S6530 CONGRESSIONAL RECORD SENATE May 23, 2007
and has not yet been removed from the The clerk will report. objections from the Bush administra-
United States, to get legal status. The legislative clerk read as follows: tion and the authors of the bill now
Now, lest my colleagues think I am The Senator from Vermont [Mr. LEAHY], pending, so I have worked with the
exaggerating, let me provide a real- for himself, Mr. KOHL, Mr. CASEY, and Mr. managers of this bill to craft this com-
world example of this loophole. Last SCHUMER, proposes an amendment numbered promise.
year, Mohammed El Shorbagi pleaded 1165, as modified, to amendment No. 1150. This modification would enable dairy
guilty to providing material support to Mr. LEAHY. Madam President, I ask farmers to have multiple avenues to
Hamas. His act of providing material unanimous consent that the reading of employ legal workers in the future.
support to Hamas would not have the amendment be dispensed with. First, under the H2A program, dairy
barred him from establishing good The PRESIDING OFFICER. Without farmers would have the ability to hire
moral character under current law be- objection, it is so ordered. workers for a 3-year period after which
cause it is not one of those grounds The amendment, as modified, is as time the workers would return home.
specifically included in the list of acts follows: Second, this amendment would refine
that prevent an alien from establishing In section 218E(d) of the Immigration and the H2A program to allow dairy farm-
good moral character under our im- Nationality Act (as added by section 404(a)), ers to more easily obtain workers
migration laws. strike paragraphs (2) and (3) and redesignate under the normal H2A time frame of
Now, I would hope these what I would paragraph (4) as paragraph (3). 10-month work periods. In combination
call technical fixes are the kinds of At the end of section 218E, add the fol- with available opportunities under the
commonsense solutions my colleagues lowing: Y visa program, these changes should
would support. We have to ensure those (i) SPECIAL RULE FOR ALIENS EMPLOYED
provide significant opportunities for
AS DAIRY WORKERS.Notwithstanding any
aliens who have committed crimes, other provision of this Act, an alien admit- Americas dairy farmers to obtain fu-
such as failure to register as a sex of- ted under section 101(a)(15)(H)(ii)(a) for em- ture legal workers to meet their needs.
fender, or alien smuggling while using ployment as a dairy worker I urge support for this modified amend-
a firearm, are permanently barred and (1) may be admitted for a period of up to ment to ensure that essential changes
ineligible for benefits. We must also 3 years; for dairy farmers become part of this
ensure those aliens who have com- (2) may not be extended beyond 3 years; legislation.
mitted acts or who engage in conduct and Madam President, I thank the Sen-
in association with a terrorist organi- (3) shall not be subject to the require- ator from Texas for his courtesy.
ments of subsection (h)(4). Mr. GRAHAM. Madam President,
zation, or perhaps have even com-
In section 218G of the Immigration and Na-
mitted terrorist acts themselves, are tionality Act (as amended by section 404(a)), there is no objection on our side to this
rendered permanently ineligible for strike paragraph (11) and insert the fol- amendment.
any legal status and are barred from lowing: The PRESIDING OFFICER. The
our country. (11) SEASONAL. question is on agreeing to the amend-
Finallyand this is not a technical (A) IN GENERAL.The term seasonal, ment.
fix; this, I believe, is a conscious deci- with respect to the performance of labor, The amendment (No. 1165), as modi-
sion on the part of the bill drafters to means that the labor fied, was agreed to.
omit this category of individualsmy (i) ordinarily pertains to or is of the kind AMENDMENT NO. 1168 TO AMENDMENT NO. 1150
amendment would close the loophole in exclusively performed at certain seasons or
Mr. GRAHAM. Madam President, if I
periods of the year; and
this bill that allows legalization of (ii) because of the nature of the labor, could request the indulgence of Sen-
those illegal aliens who have already cannot be continuous or carried on through- ator CORNYN, on behalf of Senator
had their day in court and violated out the year. HUTCHISON, I call up amendment No.
court-ordered deportations. These are (B) EXCEPTION.Labor performed on a 1168 and ask unanimous consent for its
known as absconders and, in fact, have dairy farm shall be considered to be seasonal immediate consideration.
committed a felony, if found guilty of labor. The PRESIDING OFFICER. Without
their failure to deport once ordered de- At the end of section 404, add the fol- objection, it is so ordered. The clerk
lowing: will report.
ported, or if they have been deported
(c) CONFORMING AMENDMENT.Section The legislative clerk read as follows:
and simply reentered the country. 101(a)(15)(H)(ii)(a) of the Immigration and
Unlike the first half of my amend- Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) The Senator from South Carolina [Mr.
ment, this is not a technical correc- is amended by inserting or work on a dairy GRAHAM], for Mrs. HUTCHISON, for herself Mr.
tion. In other words, the decision to le- farm, after seasonal nature,. BINGAMAN, Mr. DOMENICI, Mr. MCCAIN, Mr.
galize this population of illegal aliens KYL, Mrs. FEINSTEIN, and Mr. CORNYN, pro-
Mr. LEAHY. Madam President, this poses an amendment numbered 1168 to
was no drafting oversight. modification is required by the authors amendment No. 1150.
Mr. LEAHY. Madam President, I ask of the bill in order for dairy provisions
the Senator from Texas to do me the Mr. GRAHAM. Madam President, I
to be accepted into this bill. I have at- ask unanimous consent that the read-
courtesy of allowing me 1 minute to tempted through this language to en-
take care of something that is going to ing of the amendment be dispensed
sure as best we can that our Nations with.
be accepted, and that is going to mod- dairy farmers have adequate access to The PRESIDING OFFICER. Without
ify an amendment that is to be accept- labor in the future. This amendment objection, it is so ordered.
ed. only deals with prospective immigra- The amendment is as follows:
Mr. CORNYN. Madam President, I
tion and is focused on dairy only. (Purpose: To provide local officials and the
yield for that purpose but claim my
Dairy is a year-round operation Secretary of Homeland Security greater
right to the floor. involvement in decisions regarding the lo-
The PRESIDING OFFICER. Without where interruptions to a farmers labor
force can have significant con- cation of border fencing)
objection, it is so ordered. On page 6, line 11, strike the second period
The Senator from Vermont. sequencesthe H2A provisions as they
exist in the bill now do not adequately and insert the following: ;
AMENDMENT NO. 1165, AS MODIFIED, TO (C) in paragraph (2), as redesignated
AMENDMENT NO. 1150 address the unique needs of dairy be- (i) in the header, by striking SECURITY
Mr. LEAHY. Madam President, I ask cause they permit only 10-month terms FEATURES and inserting ADDITIONAL FENC-
unanimous consent that the pending of work. This sort of interruption does ING ALONG SOUTHWEST BORDER; and
amendment be set aside, and I call up not work for dairy farmers, who need (ii) by striking subparagraphs (A) through
year-round, dependable employees. (C) and inserting the following:
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amendment No. 1165.


The PRESIDING OFFICER. Without In the AgJOBS legislation that this (A) REINFORCED FENCING.In carrying out
body passed last year and that we re- subsection (a), the Secretary of Homeland
objection, it is so ordered.
introduced this year, I supported a Security shall construct reinforced fencing
Mr. LEAHY. Madam President, I ask
along not less than 700 miles of the south-
unanimous consent that Senators much broader provision to address the
west border where fencing would be most
CASEY and SCHUMER be added as co- unique needs of the dairy industry. practical and effective and provide for the
sponsors. That provision had the overwhelming installation of additional physical barriers,
The PRESIDING OFFICER. Without endorsement of Americas family dairy roads, lighting, cameras, and sensors to gain
objection, it is so ordered. operations. Unfortunately, there were operational control of the southwest border.

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6531
(B) PRIORITY AREAS.In carrying out this cerned that Congress is making deci- on Friday, there was a lot of effort
section, the Secretary of Homeland Security sions about the location of border fenc- made to try to then turn that agree-
shall ing without the participation of State ment into bill text. It wasnt until
(i) identify the 370 miles along the south-
and local law enforcement officials roughly midnight, I believe on Satur-
west border where fencing would be most
practical and effective in deterring smug- working with the Department of Home- day night, that an original, or I should
glers and aliens attempting to gain illegal land Security. The location of fencing say a rough draft for discussion pur-
entry into the United States; and should not be dictated by Members of poses was created; and then, if I am not
(ii) not later than December 31, 2008, com- Congress who have never visited our mistaken, it was the night before last,
plete construction of reinforced fencing border. about 9 oclock, when this original
along the 370 miles identified under clause Our border States have borne a heavy amendment was laid down, this sub-
(i). financial burden from illegal immigra- stitute amendment, which actually re-
(C) CONSULTATION. tion, and their local officials are on the flects bill text, that we could then go
(i) IN GENERAL.In carrying out this sec-
tion, the Secretary of Homeland Security front lines. Their knowledge and expe- to legislative counsel to try and craft
shall consult with the Secretary of Interior, rience should not be ignored. Texas our amendments to be addressed.
the Secretary of Agriculture, States, local shares approximately one-half of the Before I talk a little bit more about
governments, Indian tribes, and property land border between the United States the second part of my amendment,
owners in the United States to minimize the of America and the Republic of Mexico. which I think was consciously omitted
impact on the environment, culture, com- Our State and local officials and those from the bill, I ask unanimous consent
merce, and quality of life for the commu- in California, Arizona, New Mexico, that Senator BEN NELSON of Nebraska
nities and residents located near the sites at and Texas should not be excluded from and Senator DEMINT of South Carolina
which such fencing is to be constructed.
(ii) SAVINGS PROVISION.Nothing in this
decisions about how to best protect our be added as original cosponsors to my
subparagraph may be construed to borders with their varying topography, amendment.
(I) create any right of action for a State, population, and geography. The PRESIDING OFFICER. Without
local government, or other person or entity Local officials and property owners objection, it is so ordered.
affected by this subsection; or in my home State of Texasparticu- Mr. CORNYN. Madam President, the
(II) affect the eminent domain laws of the larly in the areas of El Paso, Del Rio to second part of my amendment has, I
United States or of any State. Eagle Pass, and Laredo to Browns- think it is fair to say, a substantial im-
(D) LIMITATION ON REQUIREMENTS.Not- villecited in the Secure Fence Act, pact on the underlying bill, but one I
withstanding subparagraph (A), nothing in hope my colleagues will agree is nec-
this paragraph shall require the Secretary of
under current statutory law, do not
have an opportunity to participate in essary and important to adopt.
Homeland Security to install fencing, phys-
ical barriers, roads, lighting, cameras, and decisions regarding the exact location My amendment would close the loop-
sensors in a particular location along an of fencing and other physical infra- hole in this bill that allows legaliza-
international border of the United States, if structure near their communities. tion of those illegal aliens who have al-
the Secretary determines that the use or To address this issue, I hosted a ready violated court-ordered deporta-
placement of such resources is not the most meeting in my Washington office, on tions. They are sometimes known as
appropriate means to achieve and maintain January 17, 2007, with DHS Secretary absconders because they literally have
operational control over the international Michael Chertoff, my colleague from absconded from the law, but they are,
border at such location.; and in fact, under section 243 of the Immi-
(D) in paragraph (5), as redesignated, by
Texas, Senator JOHN CORNYN, mayors
striking to carry out this subsection not to from the border cities in Texas, and gration and Naturalization Act felons
exceed $12,000,000 and inserting such sums representatives of the private sector. by virtue of their having absconded ei-
as may be necessary to carry out this sub- That meeting began a dialogue with ther after they have been ordered de-
section. our local representatives in Texas and portedthey have simply gone on the
Mrs. HUTCHISON. Madam President, the Federal Government. I look for- lam and been fugitives from justiceor
I rise today to speak to an amendment ward to helping ensure that this dia- they have left the country pursuant to
and resolve an issue impacting the citi- logue continues. their order of deportation and then re-
zens of our country that live along the The Hutchison-Bingaman Amend- entered the country illegally. They are,
U.S.-Mexican border. ment, No. 1168, cosponsored by Sen- under section 243 of the Immigration
I have long stressed the need to se- ators CORNYN, KYL, MCCAIN, FEINSTEIN, and Naturalization Act, felons if found
cure the borders of the United States and DOMENICI, addresses these issues guilty of those offenses.
not only our southwest border with and provides local and State officials Unlike the first half of my amend-
Mexico but also our northern border greater involvement in decisions re- ment, this is not, as I said, a technical
with Canada and our maritime borders, garding the location of border fencing. correction. In other words, the decision
coastlines, and ports of entry. I urge the adoption of my amend- to legalize this population was no
I have consistently supported and ment. drafting oversight. It was a conscious
voted in favor of border security ef- Mr. GRAHAM. Madam President, I part of the negotiated package that is
fortssuch as the installation of rein- urge the adoption of the amendment. now represented by the substitute
forced fencing in strategic areas where The PRESIDING OFFICER. Without amendment pending before the Mem-
high trafficking of narcotics, unlawful objection, the amendment is agreed to. bers of the Senate. The drafters of this
border crossings, and other criminal The amendment (No. 1168) was agreed bill have made a conscious decision
activity exists. I have also supported to. that Congress will allow exceptions for
installing physical barriers, roads, The PRESIDING OFFICER. The sen- individuals who are illegally in the
lighting, cameras and sensors where ator from Texas. United States, in defiance of a court
necessary . AMENDMENT NO. 1184 order, as well as those who have pre-
The Secure Fence Act of 2006 was Mr. CORNYN. Madam President, I viously been deported from the United
passed by Congress and signed into law ask unanimous consent that my States pursuant to a court order and
by the President, and it signaled a amendment be reinstated as the pend- have again reentered illegally.
major initiative to secure the border ing amendment. It is important to note that Congress
with Mexico and Canada. The PRESIDING OFFICER. The has determined that each of these
We must address border security so amendment is once again pending. crimes is a felony. The laws, as I said,
that we can move forward to address Mr. CORNYN. I thank the Chair. are already on the books. These acts of
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comprehensive immigration reform. Madam President, I have discussed defiance of our legal system are not ac-
I will continue to champion border what I would call technical corrections tions which would signal an individ-
security measures and strongly support or oversights that have been left out of uals likelihood of future compliance
the efforts of my colleagues to this bill, in haste, perhaps, because I with the laws of the land. I dont think
strengthen our southwest borderpro- know that following the negotiations Congress should be in the business of
tecting our citizens from threats of ter- that went on for several weeks leading allowing exceptions to a class of indi-
rorism, narcotic trafficking, and other up to the announcement of an agree- viduals who can reasonably be dubbed
unlawful entries. However, I am con- ment by a bipartisan group of Senators as fugitive aliens.

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S6532 CONGRESSIONAL RECORD SENATE May 23, 2007
In fact, it was Secretary of the De- eliminate the so-called guest worker Then they say, but we must, even as
partment of Homeland Security Mi- program or the temporary worker pro- we decide to say to this 12 million who
chael Chertoff who said during our ne- gram by which millions of additional are here, including those who came
gotiations that illegal aliens who have people who do not now live in this across the last week of December last
defied our court system after having country would be invited in to take year: By the way, you are now legal
been given full due process of law do American jobs. I attempted to elimi- and given a work permitwe must, in
not deserve to be rewarded with legal- nate that. I failed to do that. I will addition to that, allow millions more
ization. Unfortunately, the drafters of next offer an amendment at some to come in.
this bill, in an effort to accommodate point, perhaps tomorrow morning, that Yes, you get millions more when you
certain advocacy groups, have ignored will sunset the temporary worker pro- do 400,000 a year for 2 years, have them
Secretary Chertoffs commonsense ob- gram. If we cannot eliminate it, at go back for a year, come back 2 more
servation, what is being peddled as least lets put an end to itput a sun- years, have them go back a year, and
discretion by way of a waiver. set on it. have 2 more years and accumulate
We cant guarantee the American During the debate yesterday, some- that, and you have at the very least,
people that future Presidents will ap- thing fascinating happened. We are without even counting families, 12 mil-
point, nor the Senate confirm, Secre- told repeatedly on the floor of the Sen- lion workers in a few years. They say
taries of Homeland Security with the ate that this bill is a piece of legisla- we have to do thatinvite others to
good sense and judgment of Secretary tion that provides border security be- come in to take American jobsbe-
Chertoff. Thus, I think we need to cause most of us know that when you cause if we dont, they will come across
eliminate any discretion in allowing start dealing with immigration, the the border anyway. That is a serious
these individuals to remain in the first step, the first baby step is to pro- admission of failure, in my judgment,
country and obtain the benefits of this vide border security. If you do not do in the bill that is brought to the floor
legalization. I submit that discretion is that, all you do is set up, another 10 or of the Senate.
something Congress gives away to a 15 years from now, exactly the same I didnt intend to come here to say
bureaucracy when Members dont have debate and provide amnesty for an- anything, but I heard my colleague
the intestinal fortitude to create a other 10 or 15 million people. from Texas ask, What is the message?
bright-line rule. This bright-line rule We have done that before, in 1986. We The message is a Byzantine message to
would affect roughly 700,000 absconders have heard exactly the same argu- those who believed there was a legal
who are still in the United States. The ments: We are going to have border se- way to try to come to this country, a
underlying bill would allow them a curity, we are going to have employer legal process by which we have immi-
path to legal status and perhaps even sanctions, we are going to shut down gration quotas from various countries
to citizenship. My amendment would illegal immigration, and we are going and they, thinking it was all on the
say these people have had their oppor- to have nirvana. The fact is, none of level, actually made application to say
tunity to have their day in court and that worked. We have done this before. I would like to come to the United
do not deserve the benefits that this What happened yesterday was fas- States of America and I am willing to
underlying bill would give to other per- cinating to me. In an attempt to shut wait. I waited 5 years or 7 years, they
sons who have not similarly defied our down the temporary worker provision, say, only to discover that as of today,
U.S. legal system and, indeed, have I was told by the people who con- if this bill passes, we say you should
committed, perhaps, felonies. structed this proposal that if you shut have come across on December 28 or so
I ask my colleagues this. What is the down the temporary worker provision into this country. You could have got-
message we send about the rule of law by which we will bring people into this ten on a plane on a visitors visa with
in America when Congress would not country who are not now here to take a full intention of never going back, or
even categorically prohibit rewarding American jobsif you shut down the walked across the border someplace,
those illegal aliens who have defied temporary worker provisions, what and this Congress with this legislation
lawful orders? What is the message we will happen, they said, is people will would say to you: We have a great sur-
are sending to immigrants who are come across illegally anyway. prise for you. You came across illegally
lawfully waiting outside the country I said: I dont understand your point. and we now desire to say to you: You
when we reward those who have not First, you said you have written a bill are legal, you have legal status and a
simply violated our laws by entering il- that provides border security and stops work permit.
legally but who have also thumbed illegal immigration. Now you are say- What kind of message? We know the
their noses at our legal system, after ing if we get rid of the temporary answer to that. It is a Byzantine mes-
having been ordered or actually been worker provision, what will happen is sage that makes no sense at all.
removed? we will have illegal immigration any- Is immigration an issue? Yes, it is.
I urge my colleagues to reject the way. You cant have it both ways. Ei- But this bill will not solve it. I intend
policy in this bill that would reward ther this bill does what is advertised to offer an amendment in the morning
felony conduct with legal status. I hope and provides real border security or it that will establish a sunset on the pro-
my colleagues will support me in that doesnt. vision called the temporary worker
effort. Those who put the bill together told provision. But even that will not solve
I yield the floor. us yesterday it doesnt have that bor- the problems of this legislation.
Mr. DORGAN. Madam President, the der security because they believe they I yield the floor and suggest the ab-
Senator from Texas asked a question. I have to designate those who are com- sence of a quorum.
think the answer is probably fairly ob- ing across as legal, therefore, tem- The PRESIDING OFFICER. The
vious. What is the message we send to porary workers, because if they did not clerk will call the roll.
people around the world who applied do that, they would come across and The assistant legislative clerk pro-
for status to come to this country we would call them illegal. That is the ceeded to call the roll.
through the immigration quota proc- most unbelievable thing I ever heard. Mr. CORKER. Madam President, I
ess? There is a process that is our legal They cobbled together this proposal. ask unanimous consent the order for
immigration process. What is the mes- I said yesterday it reminds me of the the quorum call be rescinded.
sage to those folks who, perhaps 3 old saying that a camel is a horse pro- The PRESIDING OFFICER. Without
years ago, 5 years ago, 9 years ago, duced by a committee. They have cob- objection, it is so ordered. The Senator
filed a petition only to discover that if bled together this camel of policy here from Tennessee is recognized.
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they had walked across the border on with several different pieces, saying, Mr. CORKER. Madam President, I
December 31 of last year, they would, first, because I believe they understand rise today to, first of all, thank our
with this legislation, be deemed to the politics of it that requires them to leadership for allowing a true debate to
have been here legally? That is the say this, we have provided for border take place on this issue. I know at one
message. It is sort of a Byzantine mes- security when, in fact, they have not. time it was discussed that we would
sage as far as I am concerned. That is not the case. All they have pass this huge piece of legislation, that
Yesterday something happened that done is created the same promises I affects so many people, in 3 days. Be-
was quite interesting. I attempted to heard 21 years ago. cause of the acquiescence of the bill

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6533
managers and leadership, we are truly here, obviously, to support their fami- I just wish to start off by saying that
going to have 3 weeks of debate. lies, and we understand what the moti- I certainly hope this amendment will
You heard the Senator from Texas vation is for many people to be here, not come to a vote tonight because I
offer an amendment to make this legis- but this bill does not address that in- think all of us need to understand the
lation better; and the Senator from equity. nature, the scope, the breadth, the
North Dakota, to offer his views. I What I propose tonight and I am width of what, in fact, is being offered
think this whole process has been very working with other Senators to hope- here, which I truly believe is far more
healthy. fully make happen after we come back than technical. So I just wanted to, so
One of the things we are trying to ad- from recess, is to actually have a provi- to speak, wave my saber early for the
dress in this bill is a situation where sion in this bill that treats people who distinguished Senator from Texas and
our immigration has been broken, the are here illegally like those who wish say that I am sure he is going to get a
system has been broken for many to have a green card, like those who vote, but I will have to object if there
years. In 1986, legislation was offered to would be temporary workers in this is any intention to seek a vote tonight.
try to solve this problem. What has bill. I would ask that other Senators You have to take all of the 12 pages
happened is it has gotten even worse, work with me and others to create an that were just presented, intersect
so there has been, obviously, more amendment to this bill that actually them, and see how they affect different
thought put into this bill. would cause, over a reasonable amount sections of the underlying statute, and
I appreciate again the many amend- of time, people who are working in this those have real meaningful con-
ments and the discussion that has country to return to their home coun- sequences at the end of the day. I
taken place. Many of the things we try and then come back through legal might agree with some; I might strong-
have talked about have addressed the channels. I think that strikes at the ly disagree with others. So I just want-
legalities, have addressed some of the very core of what so many Americans ed to make it clear to the body that,
technicalities in our immigration sys- believe is so inappropriate about hav- from my perspective, it is a little bit
tem. It seems to me, one of the things ing illegal immigrants, illegal workers, more than technical.
we have not addressedwhile we have automatically made legal. I yield the floor.
tried to address fairness to businesses, I think that is a central fallacy in The PRESIDING OFFICER. The Sen-
we tried to address fairness to immi- this bill as it has been offered today. ator from Texas.
grants, we tried to address fairness to After many of these technical amend- Mr. CORNYN. Madam President, I
familiesone of the things I think we ments are agreed to over the course of appreciate the concerns of my distin-
have not addressed is a sense of fair- the next few days, and as we come back guished colleague. It is a fair point;
ness to the American citizen. this is more than a technical amend-
from recess, I look forward to working
What I mean by that is this. There is ment. He may not have heard my en-
with other Senators to try to ensure
a sense of fairness that we see many tire earlier statement. I indicated that
that if this immigration bill passes, it
times on the floor that is not addressed some aspects of my amendment were
passes in a way that meets the sense of
by the fact that we have about 12 mil- what I thought were technical, but
fairness the American public believes
lion people in this country today ille- there was a second part that was far
this bill ought to have; that it address-
gally. People see this bill as straight from technical, it was very sub-
es that inequity of people who jumped
amnesty, where all of a sudden we are stantive, and I knew it would be con-
in front of the line and came here,
going to make it legal that if you have troversial because we discussed it dur-
being here illegally and yet being able
been here working, for however long, ing the course of the negotiations in
to benefit without, during a reasonable which the distinguished Senator from
you become legal in this country by period of time, returning home and
virtue of being here. New Jersey participated, as did I, and
coming back through legal channels, it was, the best I can tell, consciously
In many cases, people have talked once we have the mechanisms in place
about some of the draconian measures omitted from the draft. So my effort
to allow people to do that. I hope to here is to insert it by way of amend-
that require people to actually return have the opportunity to work with oth-
home to their countries. Yet this bill, ment. I do believe it deserves full and
ers in this body to make that happen. fair consideration. People need to un-
in some cases, does that. Certainly, to I yield the floor and suggest the ab-
become a green card holder, somebody derstand what the impact of it will be.
sence of a quorum. Indeed, this whole subject matter has
has to return home to their country be- The PRESIDING OFFICER. The a lot of ramifications and a lot of mov-
fore coming in. That is something clerk will call the roll. ing parts, and that is the reason I am
Americans think is fair. The assistant legislative clerk pro- so glad we have not only this week but
If you want to be a temporary worker ceeded to call the roll. also a second week after the recess
in this country, according to this bill, The PRESIDING OFFICER. The Sen- which the majority leader has sched-
what you would do is work here for 2 ator from New Jersey. uled to conclude the debate and vote on
years, as the Senator from North Da- Mr. MENENDEZ. Madam President, I the bill.
kota responded, then you would leave ask unanimous consent that the order I certainly understand the Senators
and go back for a year, and then you for the quorum call be rescinded. concerns, and I would welcome the de-
would come back into our country. Yet The PRESIDING OFFICER. Without bate that will ensue, but I can under-
that is not perceived to be draconian objection, it is so ordered. stand why he would object to a vote to-
and I do not think it is at all. But the Mr. MENENDEZ. Madam President, I night. We have actually talked with
one provision that seems to me to hit wish to rise briefly to speak to the the bill managers and suggested that
at the essence of the American frustra- amendment of the Senator from Texas. perhaps, if unanimous consent can be
tion that is not in this bill, is the fact I think I caught him describing it as a obtained, this amendment would be set
that we have some triggers that are technical one. At first blush, having aside temporarily and perhaps other
going to cause our borders to be secure just seen it for the first time, looked at amendments can be laid down and even
and make us be able to track people in it and having seen the intersection of voted on tonight but that we can wait
an appropriate waythe administra- what he seeks to do throughout title II until tomorrow, perhaps, to schedule a
tion said this can take place over the of the bill, it is far from technical; it is vote on this after everyone has had a
next 18 monthsbut what we are not very substantive. I appreciate that he chance to digest it and consider its
doing is asking the people who are here has very substantive positions that
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ramifications.
in our country illegally to actually re- might be different from mine, but they I yield the floor.
turn home and come back through are very substantive, they are not The PRESIDING OFFICER. The Sen-
legal channels. technical. They go, in some cases, to ator from New Jersey.
It is that point, I think, that has di- the heart of due process for individuals, Mr. MENENDEZ. Madam President, I
vided the American people, the fact and they go to the heart of undoing appreciate the offer from the distin-
that this bill does not address the in- what some cases in the appellate divi- guished Senator from Texas, and I cer-
equity of allowing those people to re- sion and beyond have decided is the ap- tainly hope we will take his offer be-
main here. These are people who came propriate law of the land. cause I would have to object if we were

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S6534 CONGRESSIONAL RECORD SENATE May 23, 2007
to try to proceed tonight to a vote on this visa program or the entire pro- with high overstay rates can be barred
his amendment. I think his amendment gram could be terminated. from this program or the program can
is important. I think it has real con- I hardly think it necessary to make be terminated. Sponsors of overstays
sequences. There are real consequences the case about the value of parents and are also barred from sponsoring other
of substantive law, there are real con- children being united for a period of aliens on this visa. This amendment
sequences of due process, and there are time and what it means, if you are par- strikes that language that unfairly col-
real consequences of equal protection. ents yourselves, to be able to have lectively punishes those who have not
So these are major legal issues which grandparents spend some time with violated the law, allowing law-abiding
affect potentially millions of people. their grandchildren. parents to continue to unite with their
I appreciate the spirit in which he We take great pride in that. We extol children.
has offered it. I appreciate him saying the value of family. One would be hard The amendment is comprehensive
he is more than willing to give time. I pressed to hear a speech given by some- and touches on all three points of fam-
hope the bill managers would pursue one in public office today, regardless of ily reunification: parents with their
that course of action and make sure the subject matter, that doesnt at children, grandparents with their
that a vote on this does not take place some point or the other talk about how grandchildren. Again, it hardly needs a
until sometime tomorrow so that we important it is to value families, to do lengthy explanation of the value. I re-
can digest all of this and have the ap- everything we can to keep families to- gret deeply that my children dont
propriate debate because legal protec- gether, the importance of inter- have the benefit of their grandparents.
tions are very important in the context generational communication, grand- They passed away too many years ago.
of what we are doing. parents and grandchildren, parents and How many times on a daily basis I
I yield the floor. children, the value of that to a nuclear think of what a value it would be to
The PRESIDING OFFICER. The Sen- family. Certainly, we all recognize we my children to know their grand-
ator from Connecticut. have serious issues of security that parents, not to mention what it would
Mr. DODD. Madam President, I wish need to be dealt with at our borders, have meant to my wife when she gave
to spend, if I can, just a few moments doing what we can to provide for the birth to be able to have her mother
I see my colleague from New Jersey is legal status of those who are seeking to around during that period of time or
still on the floor, and he will be joining come here through traditional means. the weeks thereafter to have her come
me at an appropriate time in offering It is a major step backwards for a and spend a couple of months. To be
an amendment dealing with parents of country that prides itself on allowing with the family as they are getting on
U.S. citizens. The Senator from New for families to be together, under- their feet, I dont know of a single
Jersey speaks eloquently about this standing the importance of it, that we American who doesnt understand this
issue on a very personal level. I am would be talking about legislation that basic concept.
proud to be the author of an amend- cuts by more than half the average an- At the appropriate time, I will offer
ment with him and others to try to im- nual number of green cards needed for this amendment. I am pleased my lead
prove this legislation. parents to visit their children, dealing cosponsor on this amendment is my
This amendment would unite parents with them in a separate category, and colleague and friend from New Jersey.
with their families in the United providing actually a longer visa for I thank him for his support. He told me
States by increasing the cap on green tourists than for parents. the story of his family. I think maybe
cards issued to them, extending the du- No one knows who gets excluded more than anything else I heard over
ration of the newly created parent visa, when you go from no cap down to the last several weeks, thinking about
and ensuring that penalties imposed on 40,000. Obviously, a lot of parents would what it would have meant for his fam-
people overstaying this visa are not un- be excluded in any given year. As evi- ily coming from Cuba and not being
fairly applied to others, as they would denced over the years, once parents do able to come here moved me to the
be in this legislation. come for a limited amount of time, point where I thought this was some-
Under current law, parents of U.S. that usually completes the family unit. thing we ought to offer on this legisla-
citizens are defined as immediate rel- They are not likely to sponsor other tion.
atives, along with spouses and minor relatives. U.S. citizens with parents At the appropriate time I will offer
children, and are exempt from green abroad should not be treated dif- the amendment.
card caps. Under the proposed legisla- ferently than those with parents here, I yield the floor.
tion, S. 1348, parents would be removed to provide that opportunity in time for The PRESIDING OFFICER. The Sen-
from this category and subject to an them to be together. ator from New Jersey.
annual cap of 40,000 green cards. This This amendment would increase the Mr. MENENDEZ. Madam President, I
amendment increases the cap on green green card cap to 90,000 so we are meet- thank and applaud the distinguished
cards in this bill to 90,000. That is ing the average annual need and not Senator from Connecticut for soon of-
about the average annual number of creating an insurmountable backlog. It fering this amendment. I am proud to
green cards issued to parents of U.S. would make sure that sufficient num- join him in this effort. I want to build
citizens. bers of green cards are available to par- upon a couple of things he said as to
Second, we are trying to extend the ents who come to the United States. why this amendment should be accept-
duration of the newly created parent We extend the parent visa to 180 days ed, not voted but accepted.
visitor visa to 180 days. Under this bill, and make it renewable and valid for 3 First, I have listened to a new defini-
the amount of time a parent could stay years. Those are already accepted time tion of what a nuclear family is. It is
here under a parent visitor visa is lim- frames for the validity of visas. 180 amazing. I have heard so many speech-
ited to 30 days per year. On the other days is the length of a tourist visa. H es over my 15 years in the Congress
hand, a tourist visa is valid for 180 days 1B visas are valid for 3 years. about family. All of a sudden, the nu-
per year. The idea that your parent can This legislation limits parents to an clear family doesnt involve mothers
only come here for 30 days is some- annual stay of 30 days. It does not and fathers. All of a sudden it doesnt
thing that is offensive to a lot of Amer- specify any long-term validity. This is involve children, just because they
icans who believe in the value and im- far too short a time allotment, I think happen to be over the age of 21. All of
portance of children and parents being most would agree, particularly for par- a sudden brothers and sisters are not
together. ents who come for health reasons or to part of a nuclear family.
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This amendment would also ensure help their children during and after What is a nuclear family? Certainly
that penalties imposed on overstays childbirth. as people travel throughout the coun-
are not unfairly applied to others, as Lastly, this amendment would make try making speeches about nuclear
they would be in this legislation. If the penalties for parent visa overstays ap- familiesabout families periodthey
number of overstays exceeds 7 percent, plicable only to them. Under the legis- certainly mean their parents, people
individuals from disproportionately lation before us, if the overstay rate who gave life to them; certainly they
high-risk countries could be barred among visa holders exceeds 7 percent mean their children, individuals to
from coming to the United States on for 2 years, all nationals of countries whom they gave life; certainly, they

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6535
mean their brothers and sisters. I have Mr. COLEMAN. Madam President, I Responsibility Act of 1996. That law ex-
been amazed at some of the comments ask unanimous consent that the order pressly prohibits any Federal, State, or
I have heard on the floor of the Senate for the quorum call be rescinded. local government entity from pre-
about what is not nuclear family. The PRESIDING OFFICER. Without venting a law enforcement officer from
What else is this about? This is about objection, it is so ordered. sharing information with the Federal
the right of a U.S. citizen to apply for AMENDMENT NO. 1158 TO AMENDMENT NO. 1150 Government regarding the immigra-
their mother and father. That is what Mr. COLEMAN. Madam President, I tion status of a person with whom they
the amendment of the Senator from ask unanimous consent that the pend- come in contact.
Connecticut is all about, the right of a ing amendment be set aside, and I call The law is very clear. Section 642,
U.S. citizen already to apply. Do every- up amendment No. 1158. subsection (b) states:
thing right. Pay your taxes, serve your The PRESIDING OFFICER. Without no person or agency may prohibit, or in
community, serve your country, you objection, it is so ordered. any way restrict
want to have a right, which you have The clerk will report. In any way restrict
under the law today, to simply bring The bill clerk read as follows: a Federal, State, or local government entity
your father and mother, or either one The Senator from Minnesota [Mr. COLE- from doing any of the following with respect
depending if they are not both alive, MAN], for himself and Mr. BOND, proposes an to information regarding the immigration
the opportunity to be reunited with amendment numbered 1158 to amendment status, lawful or unlawful, of any individual:
you, a nuclear family, be reunited with No. 1150. It goes on to say, you cannot restrict
you because you need them, be re- Mr. COLEMAN. I ask unanimous con- sending such information to, or re-
united, as the Senator from Con- sent that reading of the amendment be questing or receiving such information
necticut says, because you have a child dispensed with. from, the Immigration and Naturaliza-
and now there is the opportunity to The PRESIDING OFFICER. Without tion Service. You cannot restrict, in
have the love and care a grandparent objection, it is so ordered. any way, maintaining such informa-
can offer, to create a sense of family, The amendment is as follows: tion. You cannot, in any way, restrict
which is the essence of stability in our (Purpose: To amend the Illegal Immigration exchanging such information with
communities. Of any faith, it is the Reform and Immigrant Responsibility Act any other Federal, State, or local gov-
very core. of 1996 to facilitate information sharing be- ernment entity.
What we see in the underlying bill is tween Federal and local law enforcement So that is what the law states.
an elimination for the most part, a sig- officials related to an individuals immi- Several cities have passed ordinances
nificant right of U.S. citizens dramati- gration status) or issued executive orders forbidding
cally reduced. The Senators amend- At the appropriate place, insert the fol- local law enforcement from even ask-
ment actually will allow not for every- lowing: ing the question as to whether a person
body. It still will have a certain degree SEC. ll. INFORMATION SHARING BETWEEN is in the United States lawfully, and
FEDERAL AND LOCAL LAW EN-
of limitation because last year we gave FORCEMENT OFFICERS.
thereby evading their legal responsi-
120,000 visas to parents. The Senator Subsection (b) of section 642 of the Illegal bility to report their suspicions to the
which I think is reasonablehas Immigration Reform and Immigrant Respon- Federal Government.
looked at the historic average, and this sibility Act of 1996 (8 U.S.C. 1373) is amended In other cases, police department
says this is the amount that at least by adding at the end the following new para- policies forbid or severely restrict their
generally has taken place in family re- graph: officers from asking a person about im-
unification of a U.S. citizen claiming (4) Acquiring such information, if the per- migration status.
their parents. son seeking such information has probable Essentially, the philosophy is dont
When I hear chain migration, how de- cause to believe that the individual is not ask, dont telldont ask suspects
lawfully present in the United States.. about their immigration status, so
humanizing. Chain migration, it makes
me think of a bunch of paper clips Mr. COLEMAN. Madam President, then you dont have to follow the dic-
hanging together. Chain migration, is following the attacks of 9/11, we made a tates of the Federal law. These cities
that what we have come to? Parents promise to the American people to have decided the rule of law does not
are part of a little chain? There is this make this country safer. We identified apply to them.
concern that they will be able to claim on all levels cracks in our system. Scores of law enforcement officers
someone else. Who can they claim if Most alarming, we found that intel- have chafed at the gag order. I had a
they are being claimed by their son or ligence agencies were not talking to meeting last week with law enforce-
daughter? Thats it. You cant claim one another. We found that when the ment officers from Minnesota in my of-
anybody else. Chain migration. How left arm doesnt know what the right fice, and they mentioned this. They
easy it is to try to take something that arm is doing, the consequences can be mentioned the frustration they have
has so much significance in our lives disastrous. The gathering of intel- with what they think is their responsi-
and dehumanize it. Chain migration? ligence is not an abstract concept that bility to report if they think somebody
No, this is about family reunification. only happens on the streets of Afghani- is not here legally, thatwho knows?
It is the core of what our society is all stan or Iraq. It happens every day on this person could be somebody who had
about. It is what we hear speeches the streets of Duluth or St. Paul, MN. been deported before, and that is a fel-
about all the time in terms of strength- Our local law enforcement agencies are ony. They are absolutely prohibited
ening families. Families will be on the front lines of our communities from even asking the question or hav-
strengthened when they are together, and often know exactly what is hap- ing the conversation.
not torn apart. pening on our streets. Many say they routinely come in
In the universe of visas, this is very Sadly, in what is reminiscent of pre- contact with dangerous persons they
small, but it has a big consequence. 9/11 days, municipalities have identi- know have been deported alreadythey
Therefore, I salute the Senator from fied a loophole in the lawor in many know ityet their local sanctuary pol-
Connecticut for offering the amend- ways I dont even call it a loophole, icy is to prevent them from being able
ment. I am proud to join with him they have simply circumvented Fed- to do anything about it.
when he offers it at the appropriate eral law and have banned the practice Supporters say sanctuary policies are
time. I hope we are not going to now of officers inquiring about a suspects intended to be humanitarian because
immigration status, allowing cities they allow illegal immigrants to co-
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say that parents are not part of the nu-


clear family. throughout the country to become operate with the police without fear of
I yield the floor. what are called sanctuaries for illegal deportation. But the consequences of
Mr. DODD. I suggest the absence of a immigrants. these policies are anything but for the
quorum. My amendment seeks to end the law-abiding members of these commu-
The PRESIDING OFFICER. The practice of sanctuary cities. These are nities: in some cases, dangerous crimi-
clerk will call the roll. cities that seek to evade their obliga- nal aliens remaining on the streets,
The bill clerk proceeded to call the tions under section 642 of the Illegal muzzled law enforcement officers, and
roll. Immigration Reform and Immigrant scarce local resources being wasted on

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S6536 CONGRESSIONAL RECORD SENATE May 23, 2007
noncitizens who should be turned over clear a police officer has the right to Finally, one other point. One of the
to the Federal authorities. ask immigration-related questions of a challenges we have with the bill before
Opening the channels of communica- suspect, and to report his or her sus- usby the way, a bill where I would
tion between local and Federal law en- picions to Federal authorities. My like to see us deal with the immigra-
forcement will help prevent crimes amendment restores the original intent tion issue. The system is broken. It
against other members of the commu- of the 1996 law, which I read before, by needs to be changed. Clearly, we know
nities. Consider some recent examples. stating that Federal, State, and local that. We all know that.
Two young women who were killed in governments may not prohibit law en- We have had a group of Senators on
an accident near Virginia Beach earlier forcement from acquiring information both sides of the aisle, from a broad po-
this year were struck by a drunk driver about immigration status where there litical spectrum, come together to try
who had three previous alcohol-related is probable cause. That is what the 1996 to find some common ground, to try to
convictions and an identity theft con- law says, and yet cities have been able deal with the issue of strengthened bor-
viction, but because he had never been to circumvent this. Let us, then, go der security, which we must deal
sent to prison, there had never been an back to the original intent of that law. withto do those thingsto ensure
examination of his immigration status. My amendment does not require local greater employer responsibility, and
Reportedly, many area police officers law enforcement to use their scarce re- then to figure out some way to deal
knew the individual was in the United sources enforcing immigration laws. It with the 11 million who are here, to
States illegally. Yet they never re- does not enable local law enforcement know who they are, have them learning
ported it to Federal immigration au- to conduct immigration raids or act as English, have them pay taxes, and not
thorities. Federal agents, or even determine a to provide amnesty but to provide fines
In April 2005, a Denver police officer persons immigration status. Instead, and a series of sanctions and a path be-
was shot and killed by an illegal immi- my amendment simply gives law en- fore one can even consider proceeding
grant who had been stopped three forcement officers the ability to pursue to something like citizenship.
times for traffic violations and even a persons immigration status as part But one of the problems we are hav-
appeared in court just 3 weeks before of their routine work, and thus to re- ingI am having it now. I have gotten
committing the murder. Strict rules in port any suspicions to the appropriate thousands of calls on this issue, most
the police manual deterred officers Federal authorities through already es- against this bill, even though people
from inquiring about his immigration tablished channels, such as through the have not even read the bill yet. I think
status, so Federal immigration au- Law Enforcement Support Center at it is, in part, because folks do not trust
thorities were never notified. ICE, or ICEs Criminal Alien Program. us, do not trust the Federal Govern-
In June 2003, a 9-year-old girl was In essence, sanctuary cities are ment to do what we say we are going to
kidnapped in San Jose, CA, by an ille- thumbing their noses at Federal law. do. They do not trust us to absolutely
gal immigrant who had been arrested The Justice Department has concluded uphold the rule of law. They do not be-
previously for auto theft. Because the that States have the inherent sov- lieve when we say we are going to se-
San Jose Police Departments policy ereign right to make arrests for both cure our borders that we are actually
manual forbids officers from initiating criminal and civil immigration viola- going to do it.
police action intended to determine a tions. Section 642 of the 1996 immigra- In many ways, this issue I raise
persons immigration status, Federal tion reform bill expressly states local today is a rule of law issue. If we tell
authorities were never contacted. law enforcement officers must commu- people across America that in sanc-
In December 2002, a 42-year-old moth- nicate with Federal authorities. Yet tuary cities the rule of law does not
er of two was raped in Queens by a their leadership or their local govern- apply when it comes to immigration,
group of men. Four of them were ille- ment or their city council is actually how are we going to get the American
gal immigrants, and three had pre- preventing them from doing so. In this public to believe we are serious about
viously been arrested for such crimes day and age, we cannot allow for such border securitywhen we then try to
as assault, attempted robbery in the law enforcement-free zones. figure out a way to do a guest worker
second degree, criminal trespass, ille- Finally, and perhaps most impor- program, to deal with the 11 million
gal gun possession, and drug offenses, tantly, the bill before us today takes who should come out of the shadows
but were later released. away the strongest argument that into the sunlight?
In May 2002, three women in Houston, sanctuary city supporters have; name- I suggest by supporting this amend-
TX, were raped and murdered by Wal- ly, that illegal immigrants will be so ment what you are doing is supporting
ter Alexander Sorto, an illegal immi- frightened about being deported that respect for the rule of law. We need to
grant who had been ticketed several they will never go to the police. do more of that to gain the trust and
times for traffic violations. As currently written, this bill will the confidence of the American people.
This is not to suggest all aliens are give a legal status to these aliens. Any I urge my colleagues to support this
violent criminals or that all violent alien participating in the program amendment.
criminals are illegal aliens. We caught should not fear an encounter with a po- Mr. President, with that I yield the
Al Capone on tax evasion. We can pro- lice officer. The only aliens who would floor.
tect our communities by allowing po- fear contact with the police are those The PRESIDING OFFICER (Mr.
lice officers to find out whether a per- who have committed some crime. CASEY). The majority leader is recog-
son has broken our immigration laws. Sanctuary cities take away the abil- nized.
Sanctuary city policies do not just ity of a police officer to use his or her UNANIMOUS-CONSENT REQUEST
leave their own citizens at risk. Mo- own judgment in the course of their Mr. REID. Mr. President, I ask unan-
hammed Atta, the leader of the 911 hi- routine police work to inquire about a imous consent that the Senate proceed
jackers, was stopped and ticketed for persons immigration status and share to the consideration of a resolution
driving without a license in Broward their concerns with the Federal Gov- honoring the life of Rachel Carson, a
County, FL, in early 2001. His visa was ernment for followup action. scientist, writer, and pioneer in the en-
expired. Under these policies, no one The reality is law enforcement offi- vironmental movement, on the occa-
would ever know that. cers ask a wide range of questions of sion of the centennial of her birth,
Just this month, we saw a terror plot suspects every day that touch upon which was introduced early today by
unfold in Fort Dix that might have many aspects of the persons behavior. Senators CARDIN, SPECTER, and others;
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been prevented sooner had the local of- But in sanctuary cities, they cannot that the resolution be agreed to, the
ficials, who pulled the suspects over on ask about immigration. The artificial preamble be agreed to, the motion to
numerous traffic violations, inquired wall relative to immigration status is reconsider be laid upon the table, and
about their immigration status. Make illogicaland I would suggest perhaps that any statements thereon be printed
no mistake, this is a national security even unconstitutionaland in this day in the RECORD.
issue. and age harmful to our national secu- Mr. COLEMAN. Mr. President, I ob-
To address this problem, I am offer- rity. We ought to give this tool back to ject on behalf of another Senator, an-
ing a simple amendment to make it our local law enforcement. other Republican.

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6537
The PRESIDING OFFICER. Objec- One reason for that is not only is the The Senator from Hawaii is recog-
tion is heard. science bad, but since 9/11, think of try- nized.
Mr. REID. Mr. President, I appreciate ing to haul 70,000 tons of the most dan- AMENDMENT NO. 1186 TO AMENDMENT NO. 1150
the obligation my friend from Min- gerous substance known to man across Mr. AKAKA. Mr. President, I ask
nesota has. But I am going to continue our highways, our railways, past unanimous consent that the pending
offering this unanimous consent re- schools, homes, and businesses. This amendment be set aside, and I send my
quest. To think that we would not would be a field day for terrorists. Sev- amendment to the desk.
honor Rachel Carson on the anniver- enty thousand tons of the most dan- The PRESIDING OFFICER. Without
sary of her 100th birthdaya woman gerous substance known to manplu- objection, it is so ordered.
who did as much for the environmental toniumhauled from more than 100 nu- The clerk will report.
movement in this country as any clear generating facilities across this The bill clerk read as follows:
human being who has ever existed. country, some more than 3,000 miles to The Senator from Hawaii [Mr. AKAKA], for
Somebody has objected to this? I Nevada. It hasnt happened and it will himself, Mr. REID, Mr. DURBIN, Mr. INOUYE,
have heard the reason for the objection never happen. It will never happen. Mrs. BOXER, Mrs. MURRAY, and Ms. CANT-
is she relied on flawed science to come So I rise today because some of my WELL, proposes an amendment numbered 1186
to her conclusions. I do not know any- colleagues have introduced legislation to amendment No. 1150.
thing about flawed science, but I do to salvage this dying project, a project Mr. AKAKA. Mr. President, I ask
know this woman turned the minds of that threatens the health and safety of unanimous consent that the reading of
young people to the environment, Americans everywhere. The proposed the amendment be dispensed.
turned the minds of the academic Yucca Mountain nuclear waste dump is The PRESIDING OFFICER. Without
world to the environment. As a result not a solution for our nuclear waste objection, it is so ordered.
of her workas a result of her work problems. The science behind Yucca is The amendment is as follows:
we became conscious of our need to corrupted with politics, and it doesnt AMENDMENT NO. 1186
make sure we do things to protect the take into consideration the problem (Purpose: To exempt children of certain Fili-
environment. with the transportation of this poison. pino World War II veterans from the nu-
So, Mr. President, I am going to con- The administration and the sponsors merical limitations on immigrant visas)
tinue to move on this. I will tell you, I of this bill know that Yucca is a flawed At the appropriate place, insert the fol-
feel strongly about this, as do Sen- and dangerous project and that it can- lowing:
atorsboth Democrats and Repub- not move forward without passing leg- SEC. ll. EXEMPTION FROM IMMIGRANT VISA
licansthat we will have a couple more LIMIT.
islation designed to circumvent exist-
objections, and then I am going to have Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is
ing laws. Many of the laws are environ- amended by inserting after subparagraph
a vote to invoke cloture on a motion to mental laws. If Yucca was truly sci- (G), as added by section 503 of this Act, the
proceed to this piece of legislation. entifically sound and safe, this admin- following:
I think it is too bad, first, that the istration would not need to gut laws (H) Aliens who are eligible for a visa
person who objected to this would not that protect our environment, public under paragraph (1) or (3) of section 203(a)
have theI should not say courage, but health, transportation, and security. and who have a parent who was naturalized
that person who objects to this should This legislation exempts the Depart- pursuant to section 405 of the Immigration
come and do it on their own behalf, not ment of Energy from longstanding Fed- Act of 1990 (8 U.S.C. 1440 note)..
have some other Senator object. eral laws designed to make Americans Mr. AKAKA. Mr. President, my
Rachel Carson was a scientist, a writ- safer. This is unacceptable to the Sen- amendment seeks to address and re-
er, and a pioneer in the environmental ate. It is unacceptable to our country. solve an immigration issue that, while
movement to make this world a better It is unacceptable to the Senate. rooted in a set of historical cir-
place. This is a simple resolution. It Senator ENSIGN and I have worked cumstances more than seven decades
does not cost a penny. All it does is together on this project for many old, remains unresolved to this day. I
give recognition to someone who cer- years. That is why we introduced the am happy to say I am joined by Sen-
tainly deserves that. So I am terribly Federal Accountability for Nuclear ator REID, Senator DURBIN, Senator
disappointed that there is an objection Waste Storage Act earlier this year. INOUYE, Senator BOXER, Senator MUR-
to this, but we will do it again at an- Under our proposal, the Department of RAY, and Senator CANTWELL. It is an
other time. Energy will take ownership of nuclear issue of great concern to all American
YUCCA MOUNTAIN waste and store it safely at nuclear veterans and citizens with an interest
Mr. President, for 25 years, there has power plants where it is produced, as is in justice and fairness.
been an effort made to do something happening as we speak. Calvert Hills, a In 1941, on the basis of 1934 legisla-
that is degrading to the environment short distance from here, is a nuclear tion enacted prior to Philippine inde-
and that would jeopardize the health generating facility, and they store nu- pendence, President Franklin D. Roo-
and safety of millions of Americans. It clear waste as Senator ENSIGN and I sevelt issued an Executive order
is a project to bury nuclear waste in say they should store it. through which the President invoked
the deserts of Nevada. So I challenge all my colleagues who his authority to:
Originally, when this project started, have concerns about this to sit down Call and order into the service of the
there was a program that would have with Senator ENSIGN or with me or Armed Forces of the United States all of the
had three sites that would be selected with both of us, as many have already organized military forces of the Government
for places to characterize; that is, to done, to begin discussing a scientif- of the Commonwealth of the Philippines.
prepare them for the taking of nuclear ically sound solution to our nuclear This order drafted more than 200,000
waste. One was in Washington, one was waste problems. Lets take the focus Filipino citizens into the U.S. military,
in Nevada, and one was in Texas. There away from this dead-end project and and under the command of General
was a time that came in the 1980s find real solutions for our energy fu- Douglas MacArthur, Filipino soldiers
where, because of political maneu- ture. fought alongside American soldiers in
vering, Washington and Texas were The PRESIDING OFFICER. The Sen- the defense of our country.
eliminated, and they thought because ator from Massachusetts is recognized. The enactment of the First Supple-
Nevada was a place that set off atomic Mr. KENNEDY. Mr. President, I see mental Surplus Appropriations Rescis-
bombs and did other things, it was a my friend and colleague from Hawaii sion Act of 1946 included a rider that
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big desert wasteland and it didnt mat- who has an amendment which I hope conditioned an appropriation of $200
ter. But it has mattered. The DOE has we will be able to consider and accept. million on a provision that deemed
done a terribly bad job. They have I have talked briefly to the Senator that service in the Commonwealth
botched what has taken place out from Arizona and others. I ask unani- Army should not be considered service
there. The scientific community basi- mous consent that the Senators in the Armed Forces of the United
cally recognizes now it is a very bad amendment be in order. States. The individuals impacted were
idea to try to bury nuclear waste in The PRESIDING OFFICER. Without those members of the organized mili-
Nevada. objection, it is so ordered. tary forces of the Commonwealth of

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S6538 CONGRESSIONAL RECORD SENATE May 23, 2007
the Philippines called into the service It is a humanitarian gesture. It is a amendments which Members have
of the U.S. Armed Forces in the Far noble gesture. It is typical of the Sen- talked with us about and the McCain
East by President Roosevelts 1941 Ex- ator from Hawaii to be thoughtful amendment as well. So we have talked
ecutive order. about this, always being concerned not to most of these Members, and we will
The enactment of the Second Supple- only about individuals but members of do as much as we possibly can to move
mental Surplus Appropriations Rescis- the Armed Forces. He continues to be a these along.
sions Act included language that champion on the Veterans Committee. They are all important matters. I
deemed that service in the New Phil- I speak for the veterans of my State as think, as far as today is concerned, we
ippines Scouts had not been service in well as in this case the veterans of are very grateful for the cooperation
the U.S. military. The individuals im- World War II for their immediate fam- we have had from all Members. I think
pacted were those Filipinos who had ily, and I am very hopeful we can get we have made some important
served with the U.S. Armed Forces this cleared at an early time tomorrow. progress. We look forward to making
from October 6, 1945 to June 30, 1947. I wish to commend him for this amend- further progress in the morning.
Of the 200,000 Filipinos who served in ment. He had indicated to us early on I see my colleague here who would
the U.S. Armed Forces during World that this was a matter of high impor- like to address the Senate on other
War II, either as members of the Com- tance to him, and it is, I think, and matters. We look forward to further
monwealths Army or New Philippines should be a high priority here. consideration of the underlying legisla-
Scouts, only 20,000 survive today So we would ask the Senator if we tion tomorrow.
13,000 in the Philippines and 7,000 in the may move along, and I will try to get Mr. DODD. Mr. President, I regret
United States. the clearance for that amendment on that I could not join last nights debate
In 1990, the World War II service of tomorrow, and we will notify him when on amendments to the comprehensive
Filipino veterans was finally recog- that happens. We thank him again for immigration reform bill. Had I been
nized by the U.S. Government through bringing this to the attention of the present, I would have supported the
the enactment of the Immigration Act Senate and for being thoughtful about amendment offered by Senators DOR-
of 1990, which offered Filipino veterans these extraordinary family members of GAN and BOXER, which was designed to
the opportunity to obtain U.S. citizen- those who served so nobly, coura- eliminate the bills guest worker provi-
ship. There are currently 7,000 natural- geously, and heroically in World War sion. Though it was not adopted, I sa-
ized Filipino World War II veterans re- II. So I thank the Senator. He can be lute its principles and hope that they
siding in the United States. The oppor- assured of my support and help and as- will find their way, once again, into
tunity to obtain U.S. citizenship was sistance and hopefully we will have our national debate on immigration.
The immigration bill was set to allow
not extended to the veterans sons and good news for him tomorrow on this
400,000 foreign guest workers into
daughters, approximately 20,000 of amendment.
Mr. President, I think we have prob- America each year, eligible for two-
whom have been waiting for their visas
year stays, alternating with a year in
for years. ably reached about as far as we are
their home countries. In their eloquent
While the Border Security and Immi- going to go this evening. We are exam-
remarks last evening, Senators DORGAN
gration Reform Act of 2007 raises the ining in some detail Senator COLEMANs
and BOXER rightly identified this provi-
worldwide ceiling for family-based amendment, and we would like to try
sions shortcomings.
visas to 567,000 per year until the back- and see if we cant work that out First, as Senator BOXER observed,
log in the family preference visa cat- through the evening. There is one as- We are setting up a system of exploi-
egories is eliminated, the fact remains pect of it I would like to understand tation. I am concerned that the immi-
that many of the naturalized Filipino more completely in terms of whether it gration bill offers insufficient protec-
World War II veterans residing in the deals with emergency services and oth- tion to guest workers, leaving them
United States are in their eighties and ers. So I think we probably, for all in- open to victimization by low wages,
nineties. My amendment stresses the tents and purposes, have gone about as long hours, and dangerous conditions.
need to expedite the issuance of visas far as we can go tonight. It threatens to import into America a
to these veterans children. We have a number of amendments. permanent underclass, rootless in our
Mr. President, I yield back the re- We are very much aware that we have communities and ignorant of our lan-
mainder of my time. the supplemental that will be here. We guage, valued for nothing more than
Mr. KENNEDY. Mr. President, I have been told so by the majority lead- its muscle power. A labor system like
thank the Senator from Hawaii for of- er. But we will have a good opportunity that is suited to an empire, not to a re-
fering this amendment. He offered this in the morning through noontime and public of opportunity and not to the
amendment in the last immigration into perhaps the early afternoon to principles of immigration we have long
bill. We accepted it at that time. I am continue our progress. We have made honored in America.
confident that will be the case on this good progress today. I thank all the No one denies that much of Amer-
time, but given the hour of the Members for their cooperation. We icas economy depends on immigrant
evening, we are unable to get this have several amendments which are labor. But if we want to do more than
cleared. lined up. We will probably start with exploit that laborif we want to sew it
Basically, as he has expressed so Senator DORGANs amendment tomor- into our social contract, if we want to
well, he is talking about the immediate row. We have a number of amendments, treat immigrants with justice and dig-
family members of those who served including Senator CORNYNs amend- nitya path to citizenship is a neces-
with American forces in World War II. ment which he offered this evening, sity. That brings me to the guest work-
Under the broad scope of the under- and there will probably be side-by-side er provisions second shortcoming: It
lying legislation, they would be in- consideration sometime in the late lacks such a path. If we are willing to
cluded to be able to come to the United morning. There are a number of other offer the opportunity of citizenship
States. Under the bill, it would take an amendments that have been brought to even to those who entered our country
8-year period. What the Senator from our attention. We are in the process of illegally, it is inconsistent to deny it
Hawaii is saying is these are older men prioritizing those and notifying their to those who come with our sanction.
and women who would otherwise be sponsors to make sure they can be here Third and finally, the guest worker
able to come here. They are the broth- in a timely way so we will have a pro- provision harms American workers.
ers and sisters of those who fought ductive time and as few quorum calls Threatened by outsourcing and
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with American forces in World War II, as possible. globalization, their expenses for
and we want to move them up and have As I mentioned, we will continue on healthcare and education skyrocketing
them come more quickly, given the the Cornyn amendment and the Dorgan even as their incomes fail to keep pace,
fact of their age. It is a very decent amendment. There is a Feingold American workers now face 400,000
thing to do. We would be entitled to do amendment on the study of refugees; a competitors, each year, in their own
it under the underlying framework of Sanders amendment, scholarship for country, willing and able to do their
the bill. It doesnt change the under- Americans in connection with the H1B jobs for lower wages. Last night, Sen-
lying framework of the bill. program. There are some of the family ator DORGAN told us a moving story of

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6539
furniture-makers in Pennsylvania fore the Judiciary Committee of the such as Iran, or Venezuela, which are
whose jobs were eliminated and shipped SenateI might say that it was sworn very unpredictableor Nigeria, where
to China. As their plant shut down, testimonyand what I consider to be we get 10 percent of our oil, which
each one of those craftsmen signed the some inconsistencies. I will be refer- might be unpredictable because of rev-
bottom of the last piece of furniture ring to that testimony from the record. olutionaries there kidnapping Amer-
their company would make in America. I will be referring to the letters I ican workers, such as they did 2 weeks
As we import wage pressures onto our have sent to the CEOs. As an overview, ago, or German workers over the pe-
own shores, we will be hearing hun- I am going to be pointing out incon- riod of the last year. It is a very nerv-
dreds of similar stories in the years to sistencies between sworn testimony ous environment we are in.
come. The guest worker provision and what oil company executives say The supply from the Saudi oil wells
threatens to eat away at our middle are their company policies regarding to our gas tank is maybe a 17-day in-
class. ethanol, and particularly the 85-per- ventory. So any little thing happening,
It has the potential to harm guest cent ethanol that we call E85; and according to the business pages of the
workers and American workers alike. then, of course, letters I sent to the oil newspaper, causes the price to spike.
Who, then, does it benefit? I dont companies, raising questions that were So I have been an ardent supporter of
think I need to tell my colleagues the raised because of this article, to have these domestic renewable fuels.
the oil companies give me their story, In the past few years, domestic eth-
answer. But unless we reform our
in case this article was wrong. anol production has grown tremen-
standards for guest workers, we will be
Across the country, American fami- dously. Right now, we are consuming
putting the demand for cheap labor
lies and businesses are suffering from about 5 billion gallons of ethanol annu-
above the dignity of immigrants and
the economic impact of rising gasoline ally. With all of the new ethanol bio-
Americans alike.
prices. As many families begin to plan refineries under construction, we will
I voted to strip the guest worker pro-
their summer vacations, they are being be producing as much as 11 billion gal-
vision from last years immigration
lons annually by 2009.
bill; and I supported stripping it this forced to dig deeper into their pockets
Ethanols contribution is a signifi-
year. And while the amendment offered to fill up the family car.
cant net increase to our Nations fuel
by Senators DORGAN and BOXER did not The rising cost of gasoline is a result
supply. But as the industry grows, it is
pass, I am heartened that we adopted of many factors. Global demand for
imperative that higher ethanol blends
Senator BINGAMANs amendment to crude oil and refined products is way
be available to consumers. When I say
limit the program to 200,000 guest up constantly, as a result, driving up
higher ethanol blends, I mean beyond
workers per year. And as we move for- the price. The Organization of Petro- the 10 percent mixture that we have
ward in this debate, I hope that we will leum Exporting Companieswhat the right now. We even have cars right now
also have chance to strengthen protec- people of this country know as OPEC that can burn up to 85 percent ethanol.
tions for guest workers and reduce has curtailed some production. Refin- That is why we refer to it as E85. That
wage pressure on Americans. eries are offline for maintenance or is what we are talking about, increas-
f have experienced outages. As a result, ing the 10 percent as cars are manufac-
these refineries are operating at 5 to 10 tured, to be able to consume it without
MORNING BUSINESS percent below normal. hurting the engine. That is where the
Mr. KENNEDY. Mr. President, I ask Once again, refinery outages have, automobile companies are headed.
unanimous consent that we have a pe- coincidentally, occurred just as the That is where the ethanol industry is
riod of morning business, with Sen- summer driving demand kicks into headed to back it up. But the point I
ators permitted to speak therein for up gear, and this has led to an average will make in a minute is that the dis-
to 10 minutes each. price of over $3.15 a gallon as a na- tribution for E85 is a problem, and it
The PRESIDING OFFICER. Without tional average. In my State of Iowa, I looks to me like big oil is a major part
objection, it is so ordered. think it is $3.33 today. of that problem. That is what I am
The Senator from Iowa is recognized. The impact of these increased prices going to point out.
Mr. GRASSLEY. Mr. President, I ask is being felt across the country by We are quickly approaching a time
unanimous consent to speak longer working families, farmers, businesses, when ethanol will be produced in a
than 10 minutes. I dont intend to and industry. The increased cost for quantity greater than that needed for
speak for more than 25 minutes and energy has the potential to jeopardize the blend market as we continue down
maybe not that long. I would at least our economic security, our economic the road that has been pioneered by
like to have the freedom of going be- vitality. Braziland that is the best example
yond 10 minutes. Because we are dependent upon for- to use cars that will, in fact, burn 100
The PRESIDING OFFICER. Without eign countries for over 60 percent of percent ethanol. For sure, we must
objection, it is so ordered. our crude oil, our dependence on them continue on this path of reducing for-
f is a threat to our national security. eign oil dependence and greater renew-
In recent years, many Members of able fuel use.
ENERGY the Senate have touted the value of in- To do that, then, it is critical that
Mr. GRASSLEY. Mr. President, I am creasing our domestic energy re- we develop the infrastructure and the
going to talk about an energy issue. I sources. I have been one of thosepar- demand for E85, an alternative fuel
am sure people listening, and my col- ticularly for ethanol and particularly comprised of 85 percent ethanol, 15 per-
leagues, might think I am talking for biodiesel. In Iowa, I am the father cent gasoline.
about an energy issue because gasoline of the wind energy tax credit. Iowa is Our domestic auto manufacturers are
is at the highest price it has ever been the third leading State in the produc- leading the effort to expand what we
in the history of the country. I assure tion of electricity from wind energy. call the flex-fuelmeaning flexible
you I would be giving these remarks Increasing domestic resources, fuelmarket. Our domestic manufac-
even if the price of gasoline was only $1 whether it is ethanol, biodiesel, wind, turers of automobiles are doing this.
a barrel, because it involves, in an biomass, you name itall of these are Our domestic automakers have pro-
overview, testimony that was given by from alternative sources that are good duced approximately 6 million flex-fuel
oil company executives before the Ju- for our economy and particularly good vehicles over the past decade. In fact,
diciary Committee some time ago. for our national security. Diversity of you might be driving a flex-fuel vehicle
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What is being reported are policies of supply can go a long way toward reduc- and dont even know it, burning 100
oil companies. I have become aware of ing the impact of price spikes and vola- percent gasoline, or the 90/10 percent
an article in the Wall Street Journal. tility. That is why I have been such an mixture of gasoline and ethanol. Look
So I am going to be referring, during ardent supporter of the development of at your book. If you can burn E85, do
my remarks, to evidence I got from the these domestic renewable fuels. Each itif you can buy it. I am going to
Wall Street Journal, letters that I have gallon of homegrown, renewable eth- point out how that is a problemthe
sent to the CEOs of major oil compa- anol or biodiesel is 1 gallon of fuel that distributionand the oil companies
nies, and testimony that was given be- we are not importing from countries involvement in it.

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S6540 CONGRESSIONAL RECORD SENATE May 23, 2007
In a visit to the White House in bottom part of this picture depicts the probably the largest seller of ethanol.
March of this year, the chief executive CEOs I named from ExxonMobil, Brit- According to the CEO for British Pe-
officers of Ford, General Motors, and ish Petroleum, Chevron, troleum, all of BPs 8,900 independently
DaimlerChrysler committed to double ConocoPhillipsI will not name them owned stations are free to deploy E85.
their production of E85 vehicles by all, the major oil companies testifying, Finally, the CEO of ConocoPhillips
2010. By 2012, they committed to have taking their oath, as they swore to tell simply associated himself with the
50 percent of their production of vehi- the truth in the Judiciary Committee. comments of the other witnesses.
cles E85 capable. Listen, there is a big I remind my colleagues of another Mr. President, I ask unanimous con-
price difference here$2.85 for E85 a very famous group of CEOs on the top sent that the relevant pages of the
gallon versus $3.33 for gasoline today. of this picture back in 1994 taking the March 14, 2006, Senate Judiciary Com-
So when they get 50 percent of their oath to tell the truth to a House com- mittee transcript be printed in the
production E85 capable, this is then, as mittee. Those are the CEOs of the RECORD.
they say, a highly achievable goal with major tobacco companies. At that There being no objection, the mate-
very little impact on consumers be- hearing, our great colleague from Or- rial was ordered to be printed in the
cause you can buy these cars for as lit- egon, Senator WYDEN, who was then a RECORD, as follows:
tle as $200 in additional cost. So you Member of the other body, went down CONSOLIDATION IN THE OIL AND GAS INDUSTRY:
can burn the E85 as well as 100 percent the line of these CEOs and asked each RAISING PRICES?
gasoline. If you would rather pay more of them whether they believed nicotine Senator GRASSLEY. I want to ask a ques-
and buy the 100 percent gasoline, you or cigarettes were addictive. We all tion of any of you, and this is in regard to al-
can still burn it in the same car. This know how that hearing went, with each ternative energy. And most of you know I
is very inexpensive for the money that of the CEOs testifying that nicotine am a big promoter of ethanol. I have heard
can be saved. was not addictive when, in fact, it is. stores after stories about independent own-
ers of franchised or branded stations who are
However, a very important compo- There is the photo of those CEOs who
prohibited from selling alternative or renew-
nent of the alternative fuel market is got themselves in trouble a little bit able fuels, so I would like to hear from some
ensuring that the fuel is available to later when there was plenty of evidence of youwill you commit to allowing inde-
the consumers. The ethanol industry is brought out that they knew what the pendent owners of branded stations who
working hard to increase production of situation was with tobacco being ad- choose to sell E85 or B20 to do so? Would
ethanol, and they are on target to have dictive and what they did to make it you allow independent owners to produce al-
11 billion gallons in a little while. addictive. Of course, the second photo ternative fuels from any outlet so that they
The automobile makers are ramping is from March 2006, before the Senate can puchase a fuel at the lowest cost?
up production of their vehicles. So ev- Mr. TILLERSON. Senator, we have denied no
Judiciary Committee, of the chairmen request from any of our dealers who have
erybody seems to be doing their part. of the major oil companies taking an asked for permission to sell unbranded E85
But where is the oil industry? I oath to tell the truth as well. at their sites. We have asked that they make
thought a year ago, when they ap- Much like my colleague, Senator it clear that it is not an ExxonMobil prod-
peared before the Judiciary Com- WYDEN, when he was a Member of the uct, that we do not manufacture it, therefore
mittee, they were on the road to co- House of Representatives asking the we cant stand behind the quality. But we
operating with the distribution of E85, tobacco company executives about to- have granted every request by our dealers
but I read in the Wall Street Journal bacco being addictive, I questioned the who wanted to install separate pump facili-
quite a different story. So I think I can ties under their canopy for E85.
oil company executives, in the bottom
legitimately ask, if we got the car Senator GRASSLEY. I would like to hear
picture, at the time of this hearing, from other companies, maybe not all of you,
manufacturers producing E85 cars that about their policies regarding alter- but at least
can burn that and the ethanol industry native fuels, meaning mostly ethanol. I Mr. OREILLY. Senator, I would be willing
producing it, where is the oil industry? was leading up to E85. I asked the CEOs to say that we have already asked for. It is
Because that is the distribution of this. quite clearly if they would commit to already out there. It can be under the can-
There is not an independent distribu- allowing independent owners of brand- opy. Same quality issue. I would also add
tion of E85. You have to go to your fill- ed stations to sell E85 or biodiesel, B20, that we are probably the largest, certainly
ing station, where you can buy 100 per- one of the largest sellers of ethanol today al-
which is a 20-percent mixture with pe-
cent gasoline and have the alternative ready.
troleum diesel. Remember, as I was Mr. HOFMEISTER. Senator, we are in the
of filling up with E85. asking them questions, these folks same position as has been described. You
What have they done to ensure a ro- were under oath. may be aware that we are currently launch-
bust growth of the alternative fuels I also asked them if they would allow ing a pilot in Chicago, in conjunction with
market? Well, Mr. President, it appears those station owners to purchase the one of the automobile manufacturers, to test
they have been less than helpful. I have alternative fuel from any outlet be- E85. And I think that is an important point.
referred to this article in the Wall cause if they didnt sell it and oil com- E85 needs to be tested in the marketplace
Street Journal. It details many of the before we go full-scale into E85 supply. The
panies are not selling ethanol but peo-
obstacles the major oil companies use reason for that is we dont fully understand
ple who produce it can, will they let or know the implications of E85, and as a
to block service stations from selling their stations buy it from an inde- major brand, of course, the provider of that
E85. pendent outlet. Each of these CEOs, fuel will often be considered liable for such
Now, imagine my surprise when I when I asked that question, testified fuel. And until we understand it, I think we
read this story, because just over a that they were perfectly willing to need to really work at what are the condi-
year ago, I questioned many of the allow the sale of alternative fuels at tions under which this would be sold.
CEOs of the major oil companies on their stations. ExxonMobil CEO Rex Senator GRASSLEY. Most of the people I
this very issue when they appeared be- hear complaints from will assume liability.
Tillerson stated:
fore the Senate Judiciary Committee You dont have to have that liability.
Weve denied no request from any of our Other companies? Are you willing to co-
about whether there was any sort of dealers who have asked for permission to sell operate with E85?
violation of antitrust laws, any sort of unbranded E85. Weve granted every request Mr. KLESSE. Senator, I would agree with
collusion. There was a whole range of by our dealers who wanted to install sepa- what has been said.
questions that were being asked by the rate pump facilities under their canopy for Mr. PILLARI. Senator, of our 9,300 stations,
members of the Judiciary Committee, E85. 8,900 of them are independently operated and
wanting to know if the marketplace is Mr. David OReilly, the CEO of Chev- they are free to deploy E85. We are also run-
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working, because if the marketplace is ronI am referring to people who took ning a test program on E85 in California to
working, you cannot have any com- an oath to tell the truth, and we can test its efficacy and its air pollution im-
plaints. But if it is not working, we see their picture hereMr. David pacts, because California restricts how much
ethanol can be used in gasoline today.
have to do something about it. The OReilly, CEO of Chevron, responded,
Mr. MULVA. Senator, we have the same
CEOs of ExxonMobil, British Petro- similarly stating that E85 was already comments that you have heard from the re-
leum, Chevron, ConocoPhillips, and available at Chevron stations and that sponses from the others already.
others testified before this Senate Ju- it was available under the canopy. He Senator GRASSLEY. My time is up, but this
diciary Committee under oath. The offered with pride that Chevron was business of you having to test something

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6541
when you have the president ofI think it is That seems to be very contrary to sion, according to an Exxon spokeswoman.
the CEO of Ford on television all the time what they told us, that they were al- It seems this policy has much more to do
saying how they are promoting their E85 lowing the sale of E85 at their stations. with limiting the availability of alternative
cars, it seems to me if you have the presi- fuels than customer confusion.
Mr. James J. Mulva, ConocoPhillips: I would appreciate hearing your expla-
dent of a major corporation like that, that is
all the test you need. Leave it up to the con- The Wall Street Journal article indicated nation as to why you led me, the Judiciary
sumer to make the decision. that Conoco Phillips does not allow E85 Committee and the American people to be-
Chairman SPECTER. Thank you, Senator sales on primary islands under the canopy. lieve that Exxon Mobil supports making E85
Grassley. This policy directly contradicts the state- available to your customers, yet your com-
ment to which you associated yourself dur- pany is described by the Wall Street Journal
Mr. GRASSLEY. So the CEOs of the ing the March 2006 hearings. as a key obstacle to expanding the avail-
major integrated oil companies testi- And lastly, Mr. David J. OReilly, ability of alternative fuels. I would appre-
fied under oath before the Judiciary Chevron: ciate knowing exactly what Exxon Mobil is
Committee stating their willingness to doing to grow the E85 market, and why you
. . . Chevrons agreement with franchisees
allow independent stations to offer E85. discourages selling E85 under the main can-
believe your tactics arent simply obstacles,
But the Wall Street Journal told a as claimed by the Wall Street Journal.
opy and includes policies that are claimed to
much different story. It highlighted I look forward to receiving your response
prevent franchisees from deceiving cus-
not later than May 25, 2007.
tactics used by the big oil companies to tomers as to the source of the product. The
Sincerely,
block alternative fuel. The obstacles Wall Street Journal article indicated that
CHARLES E. GRASSLEY,
included contracts restricting the pur- Chevron recommends that E85 pumps be
U.S. Senate.
chase by the station owners of alter- outside the canopy and that Chevron pro-
hibits branded stations from including E85
native fuel. They also required the in- U.S. SENATE,
on signs listing fuel prices. Washington, DC, May 3, 2007.
stallation of completely separate
pumps, sometimes far away from the I ask unanimous consent that these Mr. ROBERT A. MALONE,
main canopy, and in many cases sta- letters to ExxonMobil, British Petro- Chairman and President, British Petroleum
leum, ConocoPhillips, and Chevron be America, Inc., Houston, Texas.
tion owners are prohibited from adver- DEAR MR. MALONE: For many years, Ive
tising the product or even posting the printed in the RECORD.
been supporting and promoting ethanol and
price of that fuel, E85. British Petro- There being no objection, the mate-
biodiesel fuels as a way to reduce our de-
leum goes so far as to prohibit station rial was ordered to be printed in the pendence on foreign and traditional energy
owners from placing signs that include RECORD, as follows: sources, and increase our national security
U.S. SENATE, and rural economies. Our nation is now con-
E85 on gasoline dispensers, perimeter Washington, DC, May 3, 2007.
signs, or light poles. These tactics suming five billion gallons of ethanol annu-
Mr. REX TILLERSON, ally, and is estimated to produce as much as
dont sound consistent with a com- Chairman and Chief Executive Officer, Exxon eleven billion gallons annually by 2009.
panymeaning British Petroleum Mobil Corporation, Irving, Texas. In an effort to further reduce Americas oil
with a marketing slogan beyond pe- DEAR MR. TILLERSON: For many years, Ive dependence, its imperative that higher eth-
troleum. been supporting and promoting ethanol and anol blends be available to consumers. While
The big oil companies on many occa- biodiesel fuels as a way to reduce our de- our domestic auto manufacturers are leading
pendence on foreign and traditional energy the effort to expand the flex-fuel vehicle
sions cited customer confusion as
sources, and increase our national security market, more must be done to expand the
the rationale for their policies or that and rural economies. Our nation is now con- fuels availability. Of the 170,000 stations na-
they dont want to deceive their cus- suming five billion gallons of ethanol annu- tionwide, only 1,100 currently offer E85.
tomers about the product. I happen to ally, and is estimated to produce as much as This represents less than one percent of fuel
believe that it has more to do with lim- eleven billion gallons annually by 2009. stations.
iting the availability of a product that In an effort to further reduce Americas oil On March 14, 2006, Mr. Ross Pillari, former
they dont control and the sale of alter- dependence, its imperative that higher eth- Chairman of BP America, testified under
native fuels much more than it is cus- anol blends be available to consumers. While oath before the Senate Judiciary Committee.
our domestic auto manufacturers are leading At the hearing, I asked Mr. Pillari if BP
tomer deception. the effort to expand the flex-fuel vehicle would commit to allow independent owners
After I read the Wall Street Journal market, more must be done to expand the of branded stations to sell E85 or B20, and
article, which is so contrary to what I fuels availability. Of the 170,000 stations na- if BP would allow those station owners to
remember them telling me 1 year, 13 tionwide, only 1,100 currently offer E85. purchase the alternative fuel from any out-
months before, I wrote letters to the This represents less than one percent of fuel let. For your benefit, Ive enclosed a copy of
CEOs who testified. Their picture is stations. the hearing transcript.
here. I pointed out the contradictions As you may recall, on March 14, 2006, you In his response to me, Mr. Pillari stated
testified under oath before the Senate Judi- that British Petroleum was already allowing
in their testimony before the Senate
ciary Committee. At the hearing, I asked if independently owned stations to freely de-
Judiciary Committee and the allega- you would commit to allow independent ploy E85. His testimony before the com-
tions that were made in the Wall owners of branded stations to sell E85 or B mittee clearly stated that British Petroleum
Street Journal. 20, and if you would allow those station own- was perfectly willing to allow the sale of al-
I wish to refer to these letters so my ers to purchase the alternative fuel from any ternative fuels at BP stations. However, a re-
colleagues will know what I asked outlet. For your benefit, Ive enclosed a copy cent Wall Street Journal article, which Ive
them based on this article. of the hearing transcript. enclosed, detailed many of the obstacles
I have a letter to Mr. Rex Tillerson of In your response to me, you stated that your company and other major integrated oil
Exxon Mobil has denied no request from any companies apparently use to effectively pro-
ExxonMobil. I am not going to read the dealers who sought permission to sell hibit or strongly discourage the sale of alter-
whole letter, but I am going to read unbranded E85. In addition, you stated that native fuels.
what I am after here: every request to sell the fuel under the can- The Wall Street Journal article indicated
In fact, Exxon Mobils standard contract opy has been granted. Your testimony before that BP prohibits branded stations from in-
bars Exxon stations from buying fuel from the committee clearly stated that Exxon cluding E85 on gasoline dispensers, perim-
anybody but Exxona fact you chose not to Mobil was perfectly willing to allow the sale eter signs or light poles. Another obstacle
disclose to our committee. It also appears of alternative fuels at Exxon Mobil stations. employed by your company is the prohibi-
that even in cases where exceptions are However, a recent Wall Street Journal arti- tion on using pay-at-the-pump credit card
made, Exxon requires those station owners cle, which Ive enclosed, detailed many of machines for E85 purchases. It seems these
to install entirely separate dispensers. . . . the obstacles your company and other major policies are in place simply to limit the
integrated oil companies apparently use to availability and sale of alternative fuels,
I refer to a letter I sent to Mr. Robert
effectively prohibit or strongly discourage rather than prevent customer confusion.
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Malone, chairman of British Petro- the sale of alternative fuels. I would appreciate hearing your expla-
leum: In fact, Exxon Mobils standard contract nation as to why Mr. Pillari led me, the Ju-
The Wall Street Journal article indicated bars Exxon stations from buying fuel from diciary Committee and the American people
that BP prohibits branded stations from in- anybody but Exxona fact you chose not to to believe that British Petroleum supports
cluding E85 on gasoline dispensers, perim- disclose to the committee. It also appears making E85 available to your customers,
eter signs or light poles. Another obstacle that even in cases where exceptions are yet your company is described by the Wall
employed by your company is the prohibi- made, Exxon requires those station owners Street Journal as a key obstacle to expand-
tion of using pay-at-the-pump credit card to install entirely separate dispensers, for ing the availability of alternative fuels. I
machines for E85 purchases. . . . the purpose of minimizing customer confu- would appreciate knowing exactly what BP

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S6542 CONGRESSIONAL RECORD SENATE May 23, 2007
is doing to grow the E85 market, and why U.S. SENATE, making E85 available to their cus-
you believe your tactics arent simply obsta- Washington, DC, May 3, 2007. tomers when there is plenty of evi-
cles, as claimed by the Wall Street Journal. Mr. DAVID J. OREILLY, dence that they do not practice what
Chairman and Chief Executive Officer, Chevron
I look forward to receiving your response they preach, that they do not practice
Corporation, San Ramon, CA.
not later than May 25, 2007. what they told our committee under
DEAR MR. OREILLY: For many years, Ive
Sincerely, oath.
been supporting and promoting ethanol and
CHARLES E. GRASSLEY, What I am afraid of is that these
biodiesel fuels as a way to reduce our de-
United States Senator. companies are not serious about ex-
pendence on foreign and traditional energy
sources, and increase our national security panding the availability and use of al-
U.S. SENATE, and rural economies. Our nation is now con- ternative fuels. I say this for a couple
Washington, DC, May 3, 2007. suming five billion gallons of ethanol annu- reasons. First, if one takes a close look
Mr. JAMES J. MULVA, ally, and is estimated to produce as much as at the E85 stations in my home State
Chairman and Chief Executive Officer, Conoco eleven billion gallons annually by 2009.
Phillips Company, Houston, Texas. In an effort to further reduce Americas oil
of Iowa, it is rather telling. I have a
dependence, its imperative that higher eth- map. What might look like missiles are
DEAR MR. MULVA: For many years, Ive ears of corn because ethanol comes
been supporting and promoting ethanol and anol blends be available to consumers. While
our domestic auto manufacturers are leading from corn. We have 65 stations in Iowa
biodiesel fuels as a way to reduce our de-
pendence on foreign and traditional energy
the effort to expand the flex-fuel vehicle selling E85 today. Only one of those 65
market, more must be done to expand the stations selling is a major branded sta-
sources, and increase our national security
fuels availability. Of the 170,000 stations na- tion, and it is down where the yellow
and rural economies. Our nation is now con-
tionwide, only 1,100 currently offer E85. arrow isonly one of 65.
suming five billion gallons of ethanol annu-
This represents less than one percent of fuel
ally, and is estimated to produce as much as A second reason I am skeptical of big
stations.
eleven billion gallons annually by 2009. As you may recall, on March 14, 2006, you oils claims comes straight from the
In an effort to further reduce Americas oil testified under oath before the Senate Judi- words of their chief lobbyist, the head
dependence, its imperative that higher eth- ciary Committee. At the hearing, I asked if of the American Petroleum Institute.
anol blends be available to consumers. While you would commit to allow independent Red Cavaney recently stated that there
our domestic auto manufacturers are leading owners of branded stations to sell E85 or B is not enough ethanol or flex-fuel vehi-
the effort to expand the flex-fuel vehicle 20, and if you would allow those station own- cles available to economically justify
market, more must be done to expand the ers to purchase the alternative fuel from any widespread installation of E85 pumps.
fuels availability. Of the 170,000 stations na- outlet. For your benefit, Ive enclosed a copy For arguments sake, lets assume
tionwide, only 1,100 currently offer E85. of the hearing transcript.
that is an accurate statement. Why,
This represents less than one percent of fuel In your response to me, you stated that
Chevron was already allowing station owners then, would big oil undertake such an
stations.
to sell E85, and that it was available and effort to block independent station
As you may recall, on March 14,2006, you under the canopy. Your testimony before the owners from deciding for themselves
testified under oath before the Senate Judi- committee clearly stated that Chevron was whether to invest in the infrastruc-
ciary Committee. At the hearing, I asked if perfectly willing to allow the sale of alter- ture? Let the station owners make that
you would commit to allow independent native fuels at Chevron stations. You proud-
owners of branded stations to sell E85 or B
decision. Lets not have, as this article
ly stated that Chevron is one of the largest in the Wall Street Journal implies, all
20, and if you would allow those station own- sellers of ethanol. However, a recent Wall
ers to purchase the alternative fuel from any these obstacles, particularly since we
Street Journal article, which Ive enclosed,
outlet. For your benefit, Ive enclosed a copy detailed many of the obstacles your company were led to believe when they testified
of the hearing transcript. and other major integrated oil companies ap- under oath before our committee that
In your response to me, you simply associ- parently use to effectively prohibit or they were fully cooperating with allow-
ated yourself with the statements made by strongly discourage the sale of alternative ing the installation of E85 pumps. If big
the other witnesses. That association led me fuels. oil sees no competitive threat from E85
to believe that Conoco Phillips was already In fact, Chevrons agreement with pumps, why not just let the inde-
allowing independently owned stations to franchisees discourages selling E85 under pendent-minded station owner decide if
freely deploy E85 under the canopy. Your the main canopy and includes policies that
there is a demand for the product? The
testimony before the committee clearly indi- are claimed to prevent franchisees from de-
ceiving customers as to the source of the market will make that decision. Why
cated that Conoco Phillips was perfectly erect all these discriminatory tactics if
willing to allow the sale of alternative fuels product. The Wall Street Journal article in-
dicated that Chevron recommends that E85 you believe there is no threat from al-
at branded stations. However, a recent Wall
Street Journal article, which Ive enclosed,
pumps be outside the canopy, and that Chev- ternative fuels?
detailed many of the obstacles your company
ron prohibits branded stations from includ- When I get answers to my letters
ing E85 on signs listing fuel prices. It seems and I am going to wait until I get all
and other major integrated oil companies ap-
these policies are in place simply to limit the answers back before I draw any
parently use to effectively prohibit or
the availability and sale of alternative fuels, conclusionsmaybe they will say the
strongly discourage the sale of alternative rather than prevent customer deception.
fuels. I would appreciate hearing your expla-
Wall Street Journal article is wrong. I
The Wall Street Journal article indicated nation as to why you led me, the Judiciary hope that is what I find out and that
that Conoco Phillips does not allow E85 Committee and the American people to be- they did not mislead us under oath
sales on the primary island under the can- lieve that Chevron supports making E85 when they testified before the com-
opy. This policy directly contradicts the available to your customers, yet your com- mittee.
statements to which you associated yourself pany is described by the Wall Street Journal All I can say is, as I conclude, if our
during the March 2006 hearing. as a key obstacle to expanding the avail- Nation is serious about reducing our
ability of alternative fuels. I would appre- dependency on fossil fuels and im-
I would appreciate hearing your expla-
ciate knowing exactly what Chevron is doing
nation as to why you led me, the Judiciary ported crude oil, more must be done to
to grow the E85 market, and why you be-
Committee and the American people to be- lieve your tactics arent simply obstacles, as expand the infrastructure for ethanol
lieve that Conoco Phillips supports making claimed by the Wall Street Journal. and particularly E85. Americas farm-
E85 available to your customers, yet your I look forward to receiving your response ers are demonstrating daily their de-
company is described by the Wall Street not later than May 25, 2007. sire to reduce our dependence on for-
Journal as a key obstacle to expanding the Sincerely, eign oil by producing more corn in the
availability of alternative fuels. I would ap- CHARLES E. GRASSLEY, United States. More acres of corn were
preciate knowing exactly what Conoco Phil- United States Senator. planted this year than any time since
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lips is doing to grow the E85 market, and


why you believe your tactics arent simply Mr. GRASSLEY. Mr. President, in 1944. And our ethanol industry has in-
obstacles, as claimed by the Wall Street my letters, I ask for an explanation of vested to make sure we can be less de-
Journal. their policies that are seemingly used pendent on imported crude oil.
I look forward to receiving your response
to block alternative fuels. I hope to get So I look forward to hearing from big
not later than May 25, 2007. a thorough explanation as to why these oil companies on what they are doing
Sincerely, CEOs led me, led the Senate Judiciary to help. I hope I get answers that are
CHARLES E. GRASSLEY, Committee members, and the Amer- contrary to what the Wall Street Jour-
United States Senator. ican people to believe they support nal said.

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6543
Mr. President, I yield the floor. that I think the Commerce Committee In any event, Senator STEVENS has
f ought to see the documents of the had a profound effect on the Senate
$150,000 severance package and its and the Nation in his roles as chairman
NOMINATION OF MICHAEL
amendments, its subsequent modifica- of the Defense Appropriations Sub-
BAROODY
tion. committee, chairman of the full Appro-
Mr. NELSON of Florida. Mr. Presi- Mr. Baroody said he would consider priations Committee, and as President
dent, the White House has just an- that request. Of course, the clock was pro tempore.
nounced the President has withdrawn ticking because there was going to be a It is also important to note that Sen-
the nomination of Michael Baroody to hearing in front of the Commerce Com- ator STEVENS career in public service
be the Chairman of the Consumer Prod- mittee tomorrow on his nomination. began even before he arrived in the
uct Safety Commission. I think this is But, in the meantime, the White House U.S. Senate. He is a distinguished vet-
a wise move on the part of the White has just announced it is having the eran of the U.S. Army Air Corps, hav-
House because of the perceived conflict President withdraw the nomination. ing flown support missions for the Fly-
of interest of Mr. Baroodyan em- I will conclude by saying we have a ing Tigers of the 14th Air Force during
ployee of the National Association of saying down in the South in regard to World War II, for which he was awarded
Manufacturers being nominated to be avoiding a conflict of interest. It is numerous medals, including the Distin-
the Chairman of the very regulatory like putting a fox in charge of the hen guished Flying Cross. He had a strong
agency that governs the regulation and house, the very hen house with the academic career, graduating from
the safety of the very products of the hens you want to protect. It is an ap- UCLA and Harvard Law School. In the
industry from which he comes. parent conflict of interest. I think the 1950s, he practiced law in Alaska before
It would be like, in my former life as White House was well served to with- moving to Washington, DC, to work in
the elected insurance commissioner, if draw the nomination. President Eisenhowers administration.
in a State where the Governor ap- f He subsequently returned to Alaska
pointed the insurance commissioner, a and was elected to the Alaska House of
regulator, the Governor would pick an TRIBUTE TO SENATOR TED
Representatives in 1964 and soon be-
executive of an insurance company to STEVENS
came majority leader. Finally, in 1968,
regulate the very industry he came Mr. SPECTER. Mr. President, I seek he was appointed U.S. Senator from
from as the insurance commissioner. recognition to congratulate my friend Alaska and has represented his State
By the way, that happens with tre- Senator TED STEVENS on becoming the ever since with pride and devotion.
mendous frequency in the 50 States, longest serving United States Repub- His recognition as Alaskan of the
that they appoint the insurance com- lican Senator in the history of the Sen- Century is a real tribute, and I have
missioner, and they are usually there ate. He has had a long and distin- no doubt that when the passage of time
for less than a year. Then the revolving guished career in public service rep- calls for the designation of Alaskan of
door turns again, and they go right resenting the State of Alaska in the the Millennium, it will be Senator
back into the very industry from which Senate for over 39 years, casting over TED STEVENS.
they came and of which they had just 14,000 votes, and never receiving less f
been the regulator. than 67 percent of the vote in any elec-
Putting someone from the National tion. HONORING OUR ARMED FORCES
Association of Manufacturers at the My recollections of TED STEVENS, PRIVATE FIRST CLASS JEFFREY AVERY
head of the Consumer Product Safety during the 27 years we have served to- Mr. SALAZAR. Mr. President, I rise
Commission is a similar kind of poten- gether in the Senate, focus on his to remember a Coloradan lost to us in
tial conflict of interest. chairmanship of the Defense Appro- Iraq.
I will give you another example. My priations Subcommittee, where he has Army PFC Jeffrey A. Avery was just
former colleague and friend in the done so much to promote our national 19 years old when he was lost to this
House, Billy Tauzina distinguished security. For example, his management life late last month in Muqudadiyah,
public servant, Congressman formerly of the $87 billion supplemental appro- Iraq.
from Louisiananow is the head of priations bill for fiscal year 2003 earned Jeffrey attended Coronado High
Pharmaceutical Research and Manu- him high praise by President Bush dur- School in 2005 and went on to attend
facturers of America. This would be ing the signing ceremony. Pikes Peak Community College, where
like the White House appointing Billy TEDs temper is generally misunder- he was studying criminal justice with
Tauzinthe very head of an associa- stood except by those who know him the hopes of becoming a police officer.
tion in the industryto regulate that well. He doesnt lose it, but he does use He enjoyed the outdoors and would
industry by making him head of the itand very effectively. However, it is spend his summers in California with
Food and Drug Administration, the true that on occasion he makes Vesu- his grandparents.
regulatory body that would regulate vius look mild. I recollect one all-night But instead of these pursuits, Jeffrey
the pharmaceutical industry. session during Senator Howard Bakers decided to answer his Nations call.
Of course, I do not think the White tenure as majority leader when TED ex- In Iraq, Specialist Avery served as a
House would even think of doing such a pressed himself in an unusually em- military police officer, training for his
thing. phatic way. As I recall it, the debate future. At the time he was killed, he
Well, a similar kind of conflict of in- arose over Senator Proxmires com- was manning a checkpoint, helping to
terest arose. But a more serious note ments about submitting vouchers for keep others safe from harm.
even arose than the potential conflict travel expense in Wisconsin on his con- President John F. Kennedy once said,
when it became apparent there was a tention that Washington, DC, was his Every area of trouble gives out a ray
severance package that had been cre- home base. That prompted a reaction of hope, and the one unchangeable cer-
ated for Mr. Baroody while he was still from TED, who was aghast at the tainty is that nothing is certain or un-
in the employ of the National Associa- thought of Washington, DC, being any changeable.
tion of Manufacturers that was for Senators home when he had the majes- Private First Class Avery embodied
$150,000; and subsequently we learned of tic Alaska to claim as his home. this hope with his service to our Na-
an additional amendment to that sev- Some thought that the middle-of-the- tion. He chose to put himself into the
erance package, after it was announced night incident might have cost him a area of trouble and to assume the re-
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he was nominated to be Chairman of couple votes, which could have been de- sponsibility of hope for millions of
the Consumer Product Safety Commis- cisive, on his election for majority Iraqis and Americans.
sion. leader in November of 1984, when the He will be missed by all those around
Mr. Baroody came in and we had a count was 28 to 25 in favor of Senator him, and he and his family will remain
discussion about this issue. He had his Dole, but it was reliably reported that in our prayers.
own explanation. I do not take any- his loss occurred because of the signifi- CORPORAL CHRISTOPHER DEGIOVINE
thing from that explanation. So, natu- cant slippage in votes caused by the to- Mr. President, I wish to take a mo-
rally, the next request that I made was bacco interests. ment to remember a fallen Marine Cpl

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S6544 CONGRESSIONAL RECORD SENATE May 23, 2007
Christopher Degiovine of Lone Tree, came heavy as a young man, Corporal neys of families from across our State
CO. Corporal Degiovine lost his life Oglesby found a way to float on and as they grieve the loss of their sons, fa-
late last month in Fallujah, Iraq. He to continue moving forward. thers, husbands, and friends. Many of
was just 25 years old. To his sister Samantha and brother these families, brought together by
Christopher Degiovine was a native Richard: As you mourn the loss of your community screenings of the documen-
of Essex Junction, VT, and had made brother, know that our Nation mourns tary, now are able to turn to each
Colorado his home for only a few with you the loss of another exemplary other for comfort.
months. He majored in criminal justice soldier and American. He will live on With this remarkable project, these
at Champlain College, where he grad- our memories for his courage, service, students from Norwich University
uated in 2005, and was looking to pur- and sacrifice. many of whom have friends, family,
sue a career in law enforcement. f and colleagues serving on the front
After moving to Colorado, Chris- lines of the wars in Iraq and Afghani-
SPECIALIST DAVID W. BEHRLE
topher Degiovine answered his Nations stanhave given a great gift to these
call and joined the Marine Corps in De- Mr. GRASSLEY. Mr. President, it is
families and to us all. They have hon-
cember 2005. He was excited about the with great sadness that I announce to
ored in this special way those from
opportunity, and proud to be serving the Senate today that SPC David W.
Vermont who have fallen and they
his Nation. He was promoted to cor- Behrle has lost his life in Iraq. David
have offered a glimpse into the searing
poral a year later, and had only just Behrle died in the service of his coun-
and highly personal grief and mourning
been sent to Iraq when he was killed. try, and it is absolutely appropriate
that have touched thousands of Amer-
Christopher Degoivines life was one that we take this opportunity to salute
ican families and scores of American
of extraordinary promise cut far too his patriotism and his sacrifice.
communities, across Vermont and
short. His patriotism compelled him to Specialist Behrle died Saturday
across the country. They have pro-
a higher calling, and for that every night, May 19, 2007, after his patrol ve-
duced a tribute that speaks directly to
American is humbled and grateful. His hicle was hit by a roadside bomb south
each human heart.
service to each of us and his sacrifice of Baghdad. My thoughts, prayers, and
NBCs Today recently aired a seg-
on behalf of all us is a debt we can sincere condolences go out to his moth-
ment about Vermont Fallen. I ask
never repay. er, Dixie Pelzer of Tipton, IA, and his
unanimous consent that the transcript
Matthew 5:9 reminds us: Blessed are father, John Behrle of Columbus, NE,
be printed in the RECORD.
the peacemakers: for they shall be as well as the Tipton community that
There being no objection, the mate-
called the children of God. Corporal is now dealing with the loss of their
rial was ordered to be printed in the
Degiovine was one of these very peace- second native son in Iraq. While we try
RECORD as follows:
makers, and his place will always be to prepare ourselves for the loss of life
NBCS TODAYMAY 9, 2007
reserved in our hearts. He and his fam- that comes with war, it is impossible
to prepare for the very personal experi- Class project by students at Norwich Univer-
ily will remain in my prayers, and sity pays tribute to Vermont soldiers lost
those of the Nation, tonight and al- ence of losing a young life so close to in Iraq and Afghanistan
ways. home. David is best described by a
ANCHORS: DAVID GREGORY
CORPORAL WADE OGLESBY former classmate as not only our REPORTERS: DAWN FRATANGELO
Mr. President, I rise to reflect on the class president, hes now our class DAVID GREGORY, co-host:
memory of Army Cpl Wade Oglesby, of hero. He served his country with vigor Vermont has lost more soldiers per capita
Grand Junction, CO. Corporal Oglesby and enthusiasm, and his presence will in Iraq than any other state. Now students
be missed in both Tipton and our at Vermonts Norwich University, the na-
was killed late last month in Taji, Iraq. tions oldest military academy, are paying
He was only 28 years old and was look- Armed Forces.
tribute in a unique way. Heres NBCs Dawn
ing forward to returning home and f Fratangelo.
joining the Mesa County Sheriffs Of- TRIBUTE TO VERMONT FALLEN (Beginning of clip of Vermont Fallen)
fice. Unidentified Woman #1: I screamed and
Wade Oglesbys life was not an easy Mr. LEAHY. Mr. President, words said, No, not Eric. My only boy.
one. He was a young man who had to and numbers are often used on this Unidentified Woman #2: Colonel Williams
grow up far too soon. His father left his floor to describe the ongoing war in told me immediately that Mark didnt make
Iraq. In recent weeks, we have found it.
family when Wade was just 5, and his (End of clip)
mother relocated the family from Den- ourselves debating the policy decisions
DAWN FRATANGELO reporting:
ver to the city Grand Junction, on the that created the current climate in Three of them were named Mark. There
other side of the Great Divide. Iraq, the current strategy in Baghdad, were also three Chrises. Half of them were
As a sophomore in high school, Wade and the policy shifts that need to occur under the age of 24. They are the Vermont
Oglesbys mother Linda fell terribly ill, to bring our men and women home. We fallen, 25 men from this small state killed in
and Wade left high school to care for frequently cite the fast-rising numbers Iraq and Afghanistan. Now, subjects of a
his dying mother. After she passed on, of military fatalities and injuries and powerful documentary told through the shat-
the growing number of innocent civil- tered families left behind.
Wade stayed with his younger sister
ian deaths. Unidentified Man: (From Vermont Fall-
Samantha until she became an adult. en) Youre upset with everybody when your
August 2004 was a turning point for A central element of this picture and son dies, and you dont think rationally. I
Corporal Oglesby he found his true of this discussion should always be the dont know if Ill ever think rationally
calling in life, as his family said. He sacrifices and the suffering of the fami- again.
joined the Army and found a place that lies at home. Vermont, small State FRATANGELO: There was something more
he belonged. Wades brother Richard that we are, bears the burden of the here than just the raw pain and tears you see
observed that Wade was a soldier long highest fatality rate in the country, on screen. Its about those behind the cam-
with more deaths per capita in Iraq era, and the incredible bond that it formed.
before joining the Army.
So as young filmmakers, were you intimi-
In the Army, Corporal Oglesby found than any other State. These losses
dated at all about approaching these fami-
his mission. He was proud of his service have left dozens of families searching lies?
to his Nation. It makes perfect sense for comfort as they mourn their loved Ms. AMANDA BENSON: Yes. Absolutely.
that serving his country fit so natu- ones. FRATANGELO: Amanda Benson and Steve
rally to Corporal Oglesbys character: But in the darkest and saddest of Robitaille, along with Craig McGrath, are
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he had spent his whole life in selfless times, a new Vermont family has the senior producers of the film. Theyre stu-
service to those around him whom he emerged, brought together by the ef- dentscollege students at Norwich Univer-
loved. Helping and protecting others forts of students at Norwich Univer- sity in Northfield, Vermont, the nations old-
est military school. The film was their
came naturally to him, and the Army sity, the Nations oldest military col-
media project. But Amanda knew from that
carried him on his way. lege, which calls Northfield, VT, its first interview, this was more than just
One newspaper in my home State re- home. Vermont Fallen, developed school work.
ported that Wade Ogelsbys motto in and produced by students at Norwich Ms. BENSON: So walking into it, I really
life was float on. Even as his life be- for a media course, profiles the jour- didnt think too much of it. But after about

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6545
maybe 25 minutes, you know, sitting right poses serious challenges. It is critical to reduce our budget deficits and in-
across from Marion, she started crying, and the U.S. do all it can to ensure that crease national savingsin order to re-
then I would start crying. Chinas rise is peaceful and its trade duce our dependence on borrowing to
Unidentified Woman #3: (From Vermont practices fair, and under those condi- finance our deficits. We must ensure
Fallen) My last words to him . . .
Ms. BENSON: No way did we think wed be
tions, the United States should wel- that our companies and workers have
so emotionally involved in the interview. come Chinas continuing emergence the tools they need to compete in the
FRATANGELO: Word spread, and eventu- and prosperity. global economy. Among other things,
ally the students, guided by Professor Bill At the same time, we must remain this means stepping up our invest-
Estill . . . prepared to respond should Chinas rise ments in education, training, and
Professor BILL ESTILL: Go frame by take a problematic turn. This means science and technology. We must make
frame. maintaining our military presence in sure those Americans whose livelihoods
FRATANGELO: . . . had 50 hours worth of the Asia-Pacific region, strengthening are threatened by our changing eco-
interviews with families all over Vermont. our alliances, and making clear to both
Every interview is heartbreaking. nomic relationship with China have ac-
Beijing and Taipei that a unilateral cess to the resources and support they
Mr. CRAIG McGRATH: This is Patty
Holmes, whose son Jeffrey was a lance cor- change in the status quo in the Taiwan need.
poral in the Marines, was killed in Iraq. Strait is unacceptable. Also, though But China must bear a substantial
Ms. PATTY HOLMES: (From Vermont today Chinas military spending is one- share of the responsibility for restoring
Fallen) When he had been home in April, I tenth of ours, we must monitor closely greater balance in its economic rela-
said, Jeff, I have to ask you something. And Chinas strategic capabilities while tions with the United States and the
he goes What? I have to ask you for your also pushing for greater transparency rest of the world. Just as the United
forgiveness. And he said Why? And I said, of its defense activities.
Because I wasnt the mother I wanted to be.
States cannot unilaterally restore bal-
Although we must remain vigilant in ance to Chinas economic relations, the
All he did was hug me, and he told me he monitoring these potential develop-
loved me. United States alone cannot mute pro-
ments, our two nations also should tectionist demands. China must itself
FRATANGELO: Patty Holmes, and her
husband Scott would have never guessed strive to build a relationship that act to bring greater balance in its glob-
that simply taking part in this project would broadens areas of cooperation where we al trade, so that all countries benefit
help them heal. share mutual interests, as we have from its growth.
Ms. HOLMES: I just felt that nobody knew done to respond to the nonproliferation I commend Treasury Secretary
how I felt, and nobody could possibly under- challenge posed by North Korea. And Paulson for pursuing a strategic eco-
stand. And meeting these other families, we should strengthen our ability to
they understand. nomic dialogue with China, but it must
manage our differences effectively. produce meaningful and lasting results.
FRATANGELO: Because of a documentary, While we must never hesitate to be
all the families get together now for dinners, Even as we develop a better under-
a trip to Washington, mostly for support.
clear and consistent with China where standing of how Chinese leaders view
Its as though thisbeing involved in this we disagreewhether on protection of their own economic priorities, we need
gave you permission to sort of let . . . intellectual property rights, the ma- to confirm that these same leaders un-
Mr. SCOTT HOLMES: Let your heart out. nipulation of its currency, human derstand how the policies they pursue
Let your heartlet the world know how you rights, or the right stance on Sudan affect the United States and the global
feel. and Iranthese differences, as a gen-
FRATANGELO: And people are listening. economy.
eral rule, should not prevent progress As a principal beneficiary of
The film is being shown at the same high in areas where our interests intersect.
schools the fallen servicemen attended. globalization, China needs to support
Trade and economic issues, the sub-
While the students at Norwich were docu- and strengthen the international eco-
ject of the upcoming Strategic Eco-
menting the pain of the Vermont families, nomic system as well. For example, it
they themselves were not immune to it.
nomic Dialogue, are one crucial exam-
can and should take steps to increase
Four of their classmates have been killed in ple of the significant opportunities and
consumptiondrawing in more imports
Iraq. challenges Chinas rise presents.
China is now the third largest econ- and reducing dependence on exports for
Ms. BENSON: Thank you to bothfor I
omy in the world and is an increasingly growth. China needs a modem financial
guess, is the second family for some of us.
FRATANGELO: All this talk about loss formidable commercial competitor. system to achieve this. American com-
has made the young filmmakers reflect on But China also is our fastest growing panies can help develop such a system
their own lives. Steve will join the military overseas market, fueling over $50 bil- but not if the playing field is unfairly
after graduation. Amandas sister is about to lion in U.S. exports that help support tilted toward Chinese companies.
be deployed.
thousands of export-related jobs. Many China can and should contribute to
Have you had these conversations with bolstering the worlds economic system
your sister? Americans also benefit from inexpen-
sive Chinese products that keep down by allowing its currency, the renminbi,
Ms. BENSON: Not yet. to be determined by market forces.
FRATANGELO: Will you? our cost of living, and China is an im-
Ms. BENSON: Yeah, I think so. But I real- portant link in the global supply chain Today, Beijing amasses as much as $20
ly, I justI cant imagine. that benefits U.S. commercial inter- billion a month in foreign currency,
FRATANGELO: No one imagined the les- ests. with the effects of keeping the
sons of this class project. But none of that constitutes a reason renminbi substantially undervalued
Mr. STEVE ROBITAILLE: Just unbeliev- to turn a blind eye to those ares of the and giving China an undue advantage
able feeling knowing that you didnt just economic relationship that are trou- in trade. The recent move to widen the
make a documentary, you know, you currency trading band is useful, but
changed peoples lives, and they changed
bling. China ran a trade surplus with
the United States of over $200 billion China must move more quickly toward
ours.
FRATANGELO: Changed lives. Twenty- last yearthe largest ever between any a market-based currency.
five families sat before cameras to talk two countriesaccounting for nearly a China can and should contribute to
about lost loved ones, and a new family third of our total global trade deficit. the success of globalization by pro-
emerged. For TODAY, Dawn Fratangelo, Neither America nor the world can ac- viding stronger protection of intellec-
NBC News, Northfield, Vermont. cept such imbalances, and if they re- tual property rights. The fact that 80
f main, it is inevitable that there will be percent of the pirated goods seized by
demands for protection in America and U.S. Customs come from China is unac-
VISIT OF VICE PREMIER WU YI ceptable. It suggests just how much
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elsewhere.
Mr. OBAMA. Mr. President, I wish to I believe that the answer to the Chi- work needs to be done in this area.
comment on the visit of Chinese Vice nese economic challenge is not to build China can and should contribute to
Premier Wu Yi to Washington. This walls of protection but to knock down the worlds economic health by alter-
visit comes at an important time for barriers, demand fair treatment for our ing its energy policiesaddressing the
the U.S.-China relationship and high- products and services, and increase our needs of its people at home while not
lights the enormous stakes involved. own competitiveness. exacerbating problems abroad. Domes-
As I have said in the past, Chinas Much of the hard work to be done lies tically, Chinas priority should be to
rise offers great opportunity but also at home. We must implement policies increase energy efficiency. A system

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S6546 CONGRESSIONAL RECORD SENATE May 23, 2007
that requires twice as much energy as trepreneurship. Entrepreneurship based to serve the needs of all veterans in 50
the United States to produce each dol- on the skills and practiced discipline States.
lar of economic growth is problematic. they embraced as part of their service TVC is working for our Nations vet-
At the same time, China needs to to our Nation. Membership in TVC re- erans and we have an obligation to con-
find cleaner sources of energy. Sixteen mains free to our veterans because the tinue funding programs that respond to
of the twenty cities with the worst air Congress invested wisely in this orga- all business entrepreneurial needs. We
in the world are in China, and China is nization. must build a solid transition from ac-
poised to overtake the United States in In partnership with the Surety and tive military service to veterans en-
greenhouse gas emissions in 2 to 3 Fidelity Association of America, trepreneurship. I am confident TVC is
years. Just this week, a new report SFAA, we have a 50-State surety bond- that investment.
found that worldwide carbon dioxide ing program that includes a com- f
levels have accelerated rapidly since prehensive education curriculum and a
2000, in part because of Chinas reliance ADDITIONAL STATEMENTS
three-step process for veterans to se-
on coal. cure the bonding they need on govern-
China should rely on international ment contracts. Bonding is critical to WE THE PEOPLE HONORABLE
energy markets to provide its oil and service-disabled veteran entrepreneurs MENTION
gas imports and work with the United and to the Federal Government if the
States and others to develop common Mr. LUGAR. Mr. President, I wish to
3-percent goal, mandated by the Presi- congratulate Hamilton Southeastern
approaches to energy supplies and se- dents Executive Order, is to be
curity. To continue seeking privileged High Schools We the People class on
achieved. TVCs partnership with receiving an Honorable Mention at the
arrangements with countries such as SFAA provides a complete solution to
Sudan and Iranstates that commit We the People: The Citizen and the
the mandate by fulfilling the needs for Constitution national competition held
gross human rights violations and that identification and qualification of serv-
threaten to develop weapons of mass April 28 to 30 in Washington, DC. I am
ice-disabled veteran-owned small busi- pleased that the members of the Ham-
destructionis to dramatically com- nesses, along with casework followup
plicate efforts of the international ilton Southeastern High School We the
as veteran entrepreneurs experience People class were among the 1,200 stu-
community to address these questions growth in their businesses.
and, in effect, to ratify these deeply dents from across the country who par-
Access to capital for both business ticipated in this important event spe-
troubling practices. start-up and infusion growth remains
I hope Treasury Secretary Paulson cifically designed to educate young
the number one need of veteran entre- people about the U.S. Constitution and
can persuade the Chinese to change preneurs. To address this issue, TVC
their practices. We will all be better off Bill of Rights.
has formed a strategic partnership I join family, friends, and the entire
with a China whose emergence with the National Economic Oppor-
strengthens the international system Hamilton Southeastern High School
tunity Fund, NEOF. Through this part- community in recognizing the hard
rather than disrupts it. nership, TVC is able to assist veterans
Chinas economic growth is a good work and dedication of the following
in obtaining micro-loans of $500 to members of the Hamilton Southeastern
thing for Chinas 1.3 billion people, and
$25,000 through ACCION USA. PNC High School We the People class: Ben
can be a good thing for the United
Bank has also begun accepting refer- Anderson, Lauren Bowser, Austin
States. China is increasingly a con-
rals from TVC and has already funded Brady, Kristin Buckingham, Jesse
structive participant in the inter-
one veteran-owned business. In addi- Hawkins, Kirk Higgins, Chris Hill,
national system, and that trend should
tion, TVC is in the process of finalizing Tiernan Kane, Nika Kim, Ryan Landry,
be supported and encouraged. But
partnerships with several banking in- Julie Lux, Rachel Morris, Jeff Neufer,
China cannot expect the United States
stitutions to provide veterans with David Ostendorf, Ryan Puckett, Taylor
and its overseas partners to tolerate
unfair practices and glaring imbal- larger loan programs for their increas- Schueth, Matt Stein, Amy Thomas,
ances triggered by its rise. China needs ing business needs. Aleks Vitolins, and Edward Wolenty. I
TVCs leadership has made extraor- also wish to commend Jill Baisinger,
to take steps that not only benefit its
dinary progress in addressing the broad the teacher of the class, who com-
people but sustain the international
scope of issues facing veteran entre- mitted her time and talent to prepare
system from which China itself bene-
preneurs. While embracing the existing the students for the national competi-
fits so greatly.
community networks of the Small tion.
f Business Development Centers, the De- The success of the Indiana We the
NATIONAL VETERANS BUSINESS partment of Labors One Stop Centers, People program is also attributed to
DEVELOPMENT CORPORATION and the Procurement Technical Assist- the hard work of Stan Harris, the State
Mr. INOUYE. Mr. President, when ance Centers, PTAC, TVC has been able coordinator, and Lisa Hayes, the dis-
the Congress passed Public Law 10650 to develop programs that complement trict coordinator, who are among those
in 1999, it was impossible to imagine and enhance the resources already responsible for implementing this pro-
the positive impact it would have on available to current and aspiring busi- gram in our state.
all veterans and, in particular, all ness owners. By doing so, TVC is now The We the People national competi-
those young men and women now re- providing the programs and services tion is a 3-day academic competition
turning from active duty in Afghani- most needed by the veteran commu- that simulates a congressional hearing
stan and Iraq. The Veterans Corpora- nity, including access to capital and in which the students testify before
tion, TVC, is a not-for-profit organiza- bonding, and is more effectively meet- a panel of judges on constitutional top-
tion that amplifies business opportuni- ing the real needs of veteran entre- ics. Students are able to demonstrate
ties and the tools our veterans need to preneurs. their knowledge and understanding of
start and grow their businesses. TVCs strength is in its ability to constitutional principles as they evalu-
Through unparalleled public and pri- bring together the best in public and ate and defend positions on relevant
vate sector business, and strategic private entities to leverage scarce fed- historical and contemporary issues.
partnerships with the U.S. Department eral dollars in effectively and effi- The We the People: The Citizen and
of Defense, the Veterans Affairs Ad- ciently assisting veterans, service-dis- the Constitution program is adminis-
ministration, the Small Business Ad- abled veterans, and members of the Na- tered by the Center for Civic Education
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ministration, and the U.S. Department tional Guard and Reserves, who want and funded by the U.S. Department of
of Labor, veterans have the three main to start or promote growth in small Education through congressional ap-
ingredients for success: access to cap- businesses. By benefiting from the propriations. I am proud to note that
ital; access to bonding, and the impor- strong resources already available from between 2003 and 2006, Indiana had
tant educational, mentorship and pro- national business networks, and by 176,653 students participate in the pro-
gram case work followup. eliminating duplication of efforts grams offered through the Center for
Today, more than ever, our Nations through strategic partnerships, TVC Civic Education, with 8,439,873 partici-
veterans present an opportunity for en- has the programming and the capacity pating nationally.

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CORRECTION
May 23, 2007 CONGRESSIONAL RECORD SENATE S6547
CONGRATULATING CAITLIN Ocean. Their use of state-of-the-art announced that the House has passed
SNARING equipment to deliver Maine seafood to the following bills, in which it requests
Mrs. MURRAY. Mr. President, I con- the rest of the world exemplifies the in- the concurrence of the Senate:
gratulate Caitlin Snaring, a bright novation that small businesses can use H.R. 1525. An act to amend title 18, United
young woman from my home State of to do exceptional things. States Code, to discourage spyware, and for
With Maines 5,500 miles of coastline, other purposes.
Washington. Today, she won the Na- H.R. 1615. An act to amend title 18, United
tional Geographic Bee, a competition its fishing and seafood industries are
States Code, to provide penalties for aiming
that starts with nearly 5 million stu- clearly vital to the States economy. laser pointer at airplanes, and for other pur-
dents each year. Caitlin is from And while everyone knows Maine for poses.
Redmond, WA, and this was her second its lobsterwhich I would argue is the H.R. 1722. An act to designate the facility
time representing our State in the na- bestMaines fruitful portion of the of the United States Postal Service located
Atlantic Ocean and our many water- at 601 Banyan Trail in Boca Raton, Florida,
tional competition held in Washington, as the Leonard W. Herman Post Office.
DC. ways provide a variety of delicious and
H.R. 2264. An act to amend the Sherman
On Monday, Caitlin and I sat near often healthy fish and shellfish, includ-
Act to make oil-producing and exporting car-
each other on the plane flight from Se- ing salmon, shrimp, and scallops. Oak tels illegal.
attle to Washington, DC. While every- Island Seafoods commitment to pro- H.R. 2399. An act to amend the Immigra-
one else was reading magazines or viding Maine seafood to not only the tion and Nationality Act and title 18, United
watching a movie, Caitlin was studying region but also to the rest of the world States Code, to combat the crime of alien
is remarkable. As fish and other fresh smuggling and related activities, and for
her notebooks and preparing for the other purposes.
competition. I had a chance to talk and frozen seafood products comprise
Maines No. 4 export industry, it is cru- The message also announced that the
with her, and I could see that she was
cial that we find ways to continue aug- House has agreed to the following con-
really determined and focused. I re-
menting the work that Oak Island Sea- current resolution, in which it requests
member thinking to myself, Shes
food and other companies do in seeking the concurrence of the Senate:
going places.
foreign markets to showcase Maine H. Con. Res. 128. Concurrent resolution au-
After her victory today, I called her
seafood. Equally necessary, we need to thorizing the printing of a commemorative
and said: Caitlin, I can tell that when document memory of the late President of
you decide what youre going to be and do all that we can to protect and pre-
the United States, Gerald Rudolph Ford.
what you want to do, you are going to serve our seafaring families and the
crucial work they undertake. The message further announced that
achieve any dream you have. And I the House has passed the following bill,
really believe that. The Maine International Trade Cen-
ter, which is presenting the Maine Ex- without amendment:
Caitlin won a $25,000 college scholar- S. 214. An act to amend chapter 35 of title
ship. I understand that she is the sec- porter of the Year award to Oak Island
Seafood, is Maines small business link 28, United States Code, to preserve the inde-
ond girl to win the geographic bee pendence of United States attorneys.
since the competition started in 1989 to the rest of the world. It is a public-
private partnership between the State The message also announced that the
and the fifth winner from Washington House has passed the following bill,
State. In fact, Washington has pro- of Maine and its businesses. The cen-
ters goal is to increase international with amendments, in which it requests
duced more national winners than any the concurrence of the Senate:
other State. trade in Maine and in particular to as-
sist Maines businesses in exporting S. 1104. An act to increase the number of
I want to congratulate Caitlin, her Iraqi and Afghani translators and inter-
family, and friends on this great goods and services. Clearly it sees in
preters who may admitted to the United
achievement and on the wonderful ex- Oak Island Seafood the entrepreneurial States as special immigrants.
ample she has set for young people in spirit and innovation that make
Washington State and around the Maines small businesses so unique and At 4:10 p.m., a message from the
country. successful. House of Representatives, delivered by
I again congratulate Oak Island Sea- Ms. Niland, one of its reading clerks,
f food on being recognized Maine Ex- announced that pursuant to 10 U.S.C.
HONORING OAK ISLAND SEAFOOD, porter of the Year and wish them well. 4355(a), and the order of the House of
INC. The award, which will be presented to January 4, 2007, the Speaker appoints
them on Thursday, May 31, at the 27th the following Members of the House of
Ms. SNOWE. Mr. President, I wish
annual Maine International Trade Day, Representatives to the Board of Visi-
today to recognize for the week of May
is truly something of which we can and tors to the United States Military
20 an outstanding small business from
should all be proud. Academy: Mr. Hinchey of New York,
my home State of Maine that will on
f Mr. Hall of New York, Mr. McHugh of
May 31 receive the Maine Exporter of
New York, and Mr. Tiahrt of Kansas.
the Year Award for 2007 from the Maine MESSAGES FROM THE PRESIDENT
International Trade Center. Oak Island f
Seafood, Inc., of Rockland, MA is a Messages from the President of the MEASURES REFERRED
scallop processing company. In addi- United States were communicated to
the Senate by Mr. Williams, one of his The following bills were read the first
tion to providing quality seafood prod- and the second times by unanimous
ucts to U.S. retailers, Oak Island Sea- secretaries.
consent, and referred as indicated:
food has expanded to include Europe f H.R. 1525. An act to amend title 18, United
and Asia in its distribution network. States Code, to discourage spyware, and for
EXECUTIVE MESSAGES REFERRED
Incredibly, 70 percent of its finished other purposes; to the Committee on the Ju-
product is exported to other countries, As in executive session the Presiding diciary.
most notably to nations within the Eu- Officer laid before the Senate messages H.R. 1615. An act to amend title 18, United
ropean Union. Clearly, Oak Island Sea- from the President of the United States Code, to provide penalties for aiming
States submitting sundry nominations laser pointers at airplanes, and for other pur-
food is a Maine company that has wide,
and withdrawals which were referred to poses; to the Committee on the Judiciary.
international reach. H.R. 1722. An act to designate the facility
Oak Island Seafood, founded in 1995, the appropriate committees. of the United States Postal Service located
(The nominations received today are
rfrederick on PROD1PC69 with CONG-REC-ONLINE

has expanded to serve many comers of at 601 Banyan Trail in Boca Raton, Florida,
the globe over the past 12 years, while printed at the end of the Senate pro- as the Leonard W. Herman Post Office; to
simultaneously maintaining its status ceedings.) the Committee on Homeland Security and
as a unique small business. The com- f Governmental Affairs.
H.R. 2399. An act to amend the Immigra-
pany employs roughly 30 year-round
MESSAGES FROM THE HOUSE tion and Nationality Act and title 18, United
employees in Rockland, an historic States Code, to combat the crime of alien
seaport community in Maines well- At 11:57 a.m., a message from the smuggling and related activities, and for
known midcoast region where Penob- House of Representatives, delivered by other purposes; to the Committee on the Ju-
scot Bay converges with the Atlantic Ms. Niland, one of its reading clerks, diciary.

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S6548 CONGRESSIONAL RECORD SENATE May 23, 2007
MEASURES PLACED ON THE lia (22 CFR Part 126) received on May 21, EXECUTIVE REPORTS OF
CALENDAR 2007; to the Committee on Foreign Relations. COMMITTEES
EC2039. A communication from the Assist-
The following bill was read the first ant Secretary, Office of Legislative Affairs, The following executive reports of
and second times by unanimous con- Department of State, transmitting, pursuant nominations were submitted:
sent, and placed on the calendar: to law, a report on efforts taken by the agen- By Mr. LEVIN for the Committee on
H.R. 2264. An act to amend the Sherman cies and departments of the U.S. Govern- Armed Services.
Act to make oil-producing and exporting car- ment relating to the prevention of nuclear Air Force nomination of Brigadier General
tels illegal. proliferation from January 1, 2006, to Decem- Michael D. Dubie, 0000, to be Major General.
ber 31, 2006; to the Committee on Foreign Re- Air Force nomination of Maj. Gen. Kevin
f lations. J. Sullivan, 0000, to be Lieutenant General.
EXECUTIVE AND OTHER EC2040. A communication from the Chair- Army nomination of Maj. Gen. Charles H.
man, Council of the District of Columbia, Jacoby, Jr., 0000, to be Lieutenant General.
COMMUNICATIONS
transmitting, pursuant to law, a report on Army nomination of Col. Charles W. Hoo-
The following communications were D.C. Act 1744, School Modernization Funds per, 0000, to be Brigadier General.
laid before the Senate, together with Submission Requirements Waiver Tem- Army nomination of Col. Loree K. Sutton,
accompanying papers, reports, and doc- porary Amendment Act of 2007 received on 0000, to be Brigadier General.
uments, and were referred as indicated: May 22, 2007; to the Committee on Homeland Army nomination of Brig. Gen. Douglas L.
Security and Governmental Affairs. Carver, 0000, to be Major General.
EC2031. A communication from the Assist- EC2041. A communication from the Chair- Army nomination of Col. Juan A. Ruiz,
ant Secretary, Office of Legislative Affairs, man, Council of the District of Columbia, 0000, to be Brigadier General.
Department of State, transmitting, pursuant transmitting, pursuant to law, a report on Army nomination of Lt. Gen. Ronald L.
to law, a six-month periodic report on the D.C. Act 1743, Closing of a Public Alley in Burgess, Jr., 0000, to be Lieutenant General.
national emergency with respect to the pro- Squares 739, the Closure of Streets, the Open- Army nomination of Maj. Gen. Michael A.
liferation of weapons of mass destruction ing and Widening of Streets, and the Dedica- Vane, 0000, to be Lieutenant General.
that was declared in Executive Order 12938 of tion of Land for Street Purposes Clarifica- Army nomination of Maj. Gen. David P.
November 14, 1994; to the Committee on tion Temporary Amendment Act of 2007 re- Fridovich, 0000, to be Lieutenant General.
Banking, Housing, and Urban Affairs. ceived on May 22, 2007; to the Committee on Marine Corps nomination of Lt. Gen. John
EC2032. A communication from the Gen- Homeland Security and Governmental Af- G. Castellaw, 0000, to be Lieutenant General.
eral Deputy Assistant Secretary for Congres- fairs. Marine Corps nomination of Maj. Gen.
sional and Intergovernmental Relations, De- EC2042. A communication from the Chair- Richard C. Zilmer, 0000, to be Lieutenant
partment of Housing and Urban Develop- man, Council of the District of Columbia, General.
ment, transmitting, pursuant to law, a re- transmitting, pursuant to law, a report on Marine Corps nomination of Lt. Gen. Jo-
port relative to the Departments progress in D.C. Act 1745, National Capital Revitaliza- seph F. Weber, 0000, to be Lieutenant Gen-
improving homeless data collection and pre- tion Corporation and Anacostia Waterfront eral.
paring a homeless assessment report; to the Corporation Freedom of Information Tem- Navy nomination of Rear Adm. (lh) Mi-
Committee on Banking, Housing, and Urban porary Amendment Act of 2007 received on chael J. Lyden, 0000, to be Rear Admiral.
Affairs. May 22, 2007; to the Committee on Homeland Navy nominations beginning with Rear
EC2033. A communication from the Chair- Security and Governmental Affairs. Adm. (lh) Christine S. Hunter and ending
man and President, Export-Import Bank of EC2043. A communication from the Chair- with Rear Adm. (lh) Adam M. Robinson, Jr.,
the United States, transmitting, pursuant to man, Council of the District of Columbia, which nominations were received by the Sen-
law, a report relative to a transaction in- transmitting, pursuant to law, a report on ate and appeared in the Congressional
volving U.S. exports to the Republic of D.C. Act 1746, Vacancy Conversion Fee Ex- Record on March 26, 2007.
Korea; to the Committee on Banking, Hous- emption Reinstatement Temporary Amend- Navy nomination of Capt. Richard C.
ing, and Urban Affairs. ment Act of 2007 received on May 22, 2007; to Vinci, 0000, to be Rear Admiral (lower half).
EC2034. A communication from the Gen- the Committee on Homeland Security and Navy nominations beginning with Capt.
eral Deputy Assistant Secretary for Congres- Governmental Affairs. William M. Roberts and ending with Capt.
sional and Intergovernmental Relations, De- EC2044. A communication from the Chair- Alton L. Stocks, which nominations were re-
partment of Housing and Urban Develop- man, Council of the District of Columbia, ceived by the Senate and appeared in the
ment, transmitting, pursuant to law, a re- transmitting, pursuant to law, a report on Congressional RECORD on April 11, 2007.
port entitled Affordable Housing Needs D.C. Act 1742, Solid Waste Disposal Fee Navy nominations beginning with Capt.
2005; to the Committee on Banking, Hous- Temporary Amendment Act of 2007 received Robert J. Bianchi and ending with Capt.
ing, and Urban Affairs. on May 22, 2007; to the Committee on Home- Thomas C. Traaen, which nominations were
EC2035. A communication from the Assist- land Security and Governmental Affairs. received by the Senate and appeared in the
ant Secretary, Office of Legislative Affairs, EC2045. A communication from the Gen- Congressional Record on April 11, 2007.
Department of State, transmitting, pursuant eral Counsel, Office of Justice Programs, De- Navy nominations beginning with Rear
to law, the certification of a proposed license partment of Justice, transmitting, pursuant Adm. (lh) Gerald R. Beaman and ending with
for the export of defense services associated to law, the report of a rule entitled Depart- Rear Adm. (lh) Richard B. Wren, which
with the Ballistic Missile Defense Expansion ment of Justice Implementation of OMB nominations were received by the Senate and
Project and sold commercially under con- Guidance on Nonprocurement Debarment appeared in the Congressional Record on
tract in the amount of $100,000,000 or more to and Suspension (RIN1121AA73) received on May 3, 2007. (minus 1 nominee: Rear Adm.
Japan; to the Committee on Foreign Rela- May 22, 2007; to the Committee on the Judi- (lh) Victor G. Guillory).
tions. ciary. Navy nominations beginning with Captain
EC2036. A communication from the Assist- f Joseph P. Aucoin and ending with Captain
ant Secretary, Office of Legislative Affairs, Nora W. Tyson, which nominations were re-
Department of State, transmitting, pursuant REPORTS OF COMMITTEES ceived by the Senate and appeared in the
to law, the certification of a proposed manu- The following reports of committees Congressional Record on May 3, 2007.
facturing license agreement for the manufac- were submitted: Mr. LEVIN. Mr. President, for the
ture of defense articles abroad, including J79
By Mr. LEAHY, from the Committee on Committee on Armed Services I report
engine parts, in the amount of $50,000,000 or
the Judiciary, with amendments: favorably the following nomination
more to Israel; to the Committee on Foreign S. 495. A bill to prevent and mitigate iden-
Relations. lists which were printed in the
tity theft, to ensure privacy, to provide no-
EC2037. A communication from the Assist- tice of security breaches, and to enhance RECORDS on the dates indicated, and
ant Secretary, Office of Legislative Affairs, criminal penalties, law enforcement assist- ask unanimous consent, to save the ex-
Department of State, transmitting, pursuant ance, and other protections against security pense of reprinting on the Executive
to law, the certification of a proposed tech- breaches, fraudulent access, and misuse of Calendar that these nominations lie at
nical assistance agreement for the export of personally identifiable information (Rept. the Secretarys desk for the informa-
technical data, defense services, and defense No. 11070).
articles, including CH47F Chinook heli- tion of Senators.
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By Mr. KOHL, from the Special Committee The PRESIDING OFFICER. Without
copters, in the amount of $100,000,000 or more on Aging:
to the Netherlands; to the Committee on Special Report entitled Economic Devel- objection, it is so ordered.
Foreign Relations. opments in Aging (Rept. No. 11071). Air Force nominations beginning with Jen-
EC2038. A communication from the Assist- By Mr. LEAHY, from the Committee on nifer S. Aaron and ending with Robert S.
ant Secretary, Office of Legislative Affairs, the Judiciary, without amendment: Zauner, which nominations were received by
Department of State, transmitting, pursuant S. 231. A bill to authorize the Edward the Senate and appeared in the Congres-
to law, the report of a rule entitled Amend- Byrne Memorial Justice Assistance Grant sional Record on March 19, 2007.
ment of the International Traffic in Arms Program at fiscal year 2006 levels through Air Force nomination of Anil P.
Regulations: Policy with Respect to Soma- 2012. Rajadhyax, 0000, to be Major.

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Air Force nominations beginning with
May 23, 2007 CONGRESSIONAL RECORD SENATE
Daren S. Danielson and ending with Colleen
S6549
M. Fitzpatrick, which nominations were re- By Mr. DOMENICI (for himself and Mr. adoption of children with special needs; to
ceived by the Senate and appeared in the OBAMA): the Committee on Finance.
Congressional Record on May 9, 2007. S. 38. A bill to require the Secretary of By Mr. PRYOR (for himself, Mr. COCH-
Air Force nominations beginning with Bret Veterans Affairs to establish a program for RAN, Mr. CRAIG, Mr. ROBERTS, Mr.
R. Boyle and ending with Chad A. Weddell, the provision of readjustment and mental SCHUMER, and Mr. CHAMBLISS):
which nominations were received by the Sen- health services to veterans who served in Op- S. 1463. A bill to authorize the Secretary of
ate and appeared in the Congressional eration Iraqi Freedom and Operation Endur- Homeland Security to regulate the sale of
Record on May 9, 2007. ing Freedom, and for other purposes; to the ammonium nitrate to prevent and deter the
Air Force nominations beginning with Lil- Committee on Veterans Affairs. acquisition of ammonium nitrate by terror-
lian C. Conner and ending with Jonathan L. By Mr. CARPER (for himself, Mr. ists, and for other purposes; to the Com-
Rones, which nominations were received by ALEXANDER, Mrs. FEINSTEIN, Mr. mittee on Homeland Security and Govern-
the Senate and appeared in the Congres- VOINOVICH, and Mr. ENZI): mental Affairs.
sional Record on May 9, 2007. S. 1453. A bill to extend the moratorium on By Mr. FEINGOLD (for himself, Mr.
Air Force nominations beginning with taxes on Internet access and multiple and COLEMAN, Mr. CASEY, Mr. VOINOVICH,
Nancy J. S. Althouse and ending with Phick discriminatory taxes on electronic com- Mr. MENENDEZ, Mr. LAUTENBERG, and
H. Ng, which nominations were received by merce imposed by the Internet Tax Freedom Mr. COCHRAN):
the Senate and appeared in the Congres- Act, and for other purposes; to the Com- S. 1464. A bill to establish a Global Service
sional Record on May 9, 2007. mittee on Commerce, Science, and Transpor- Fellowship Program, and for other purposes;
Army nomination of Timothy E. Trainor, tation. to the Committee on Foreign Relations.
0000, to be Colonel. By Ms. MIKULSKI: By Mr. CONRAD (for himself, Mr. ENZI,
Army nomination of Glen L. Dorner, 0000, S. 1454. A bill to amend title 38, United and Mr. REID):
to be Major. States Code, to increase burial benefits for S. 1465. A bill to amend title XVIII of the
Army nominations beginning with Shirley veterans, and for other purposes; to the Com- Social Security Act to provide for coverage
S. Miresepassi and ending with Scott L. mittee on Veterans Affairs. under the Medicare program of certain med-
Diering, which nominations were received by By Mr. WHITEHOUSE: ical mobility devices approved as class III
the Senate and appeared in the Congres- S. 1455. A bill to provide for the establish- medical devices; to the Committee on Fi-
sional Record on May 9, 2007. ment of a health information technology and nance.
Navy nomination of George N. Thompson, privacy system; to the Committee on Health, By Mr. DODD (for himself and Mr.
0000, to be Captain. Education, Labor, and Pensions. SMITH):
Navy nomination of Dea Brueggemeyer, By Mr. CARPER (for himself and Mr. S. 1466. A bill to amend the Internal Rev-
0000, to be Lieutenant Commander. VOINOVICH): enue Code of 1986 to exclude property tax re-
Navy nominations beginning with Neal P. S. 1456. A bill to provide for the establish- bates and other benefits provided to volun-
Ridge and ending with Ralph L. Raya, which ment and maintenance of electronic personal teer firefighters, search and rescue per-
nominations were received by the Senate and health records for individuals and family sonnel, and emergency medical responders
appeared in the Congressional Record on members enrolled in Federal employee from income and employment taxes and
May 9, 2007. health benefits plans under chapter 89 of wage withholding; to the Committee on Fi-
By Mr. BINGAMAN for the Committee on title 5, United States Code, and for other nance.
Energy and Natural Resources. purposes; to the Committee on Homeland Se- By Mr. BIDEN:
R. Lyle Laverty, of Colorado, to be Assist- curity and Governmental Affairs. S. 1467. A bill to establish an Early Federal
ant Secretary for Fish and Wildlife. By Mr. HARKIN (for himself, Mr. Pell Grant Commitment Demonstration Pro-
*Joseph Timothy Kelliher, of the District CASEY, Mr. BINGAMAN, Mrs. MURRAY, gram; to the Committee on Health, Edu-
of Columbia, to be a Member of the Federal and Mr. LEAHY): cation, Labor, and Pensions.
S. 1457. A bill to provide for the protection By Ms. MIKULSKI:
Energy Regulatory Commission for the term
of mail delivery on certain postal routes, and S. 1468. A bill to amend title 38, United
expiring June 30, 2012.
for other purposes; to the Committee on States Code, to increase burial benefits for
*Nomination was reported with rec- Homeland Security and Governmental Af- veterans, and for other purposes; to the Com-
ommendation that it be confirmed sub- fairs. mittee on Veterans Affairs.
ject to the nominees commitment to By Mrs. BOXER (for herself and Mrs. By Mr. HARKIN:
respond to requests to appear and tes- FEINSTEIN): S. 1469. A bill to require the closure of the
S. 1458. A bill to amend the Food Security Department of Defense detention facility at
tify before any duly constituted com- Act of 1985 to provide incentives for im- Guantanamo Bay, Cuba, and for other pur-
mittee of the Senate. proved agricultural air quality; to the Com- poses; to the Committee on Armed Services.
(Nominations without an asterisk mittee on Agriculture, Nutrition, and For- By Mr. NELSON of Florida (for himself
were reported with the recommenda- estry. and Mr. DURBIN):
tion that they be confirmed.) By Mr. MENENDEZ (for himself and S. 1470. A bill to provide States with the re-
f Mr. LAUTENBERG): sources needed to rid our schools of perform-
S. 1459. A bill to strengthen the Nations ance-enhancing drug use; to the Committee
INTRODUCTION OF BILLS AND research efforts to identify the causes and on Health, Education, Labor, and Pensions.
JOINT RESOLUTIONS cure of psoriasis and psoriatic arthritis, ex-
f
pand psoriasis and psoriatic arthritis data
The following bills and joint resolu- collection, study access to and quality of ADDITIONAL COSPONSORS
tions were introduced, read the first care for people with psoriasis and psoriatic
S. 15
and second times by unanimous con- arthritis, and for other purposes; to the Com-
sent, and referred as indicated: mittee on Health, Education, Labor, and At the request of Mr. GREGG, the
Pensions . name of the Senator from Tennessee
By Mr. THUNE (for himself and Mr.
NELSON of Nebraska): By Mr. HARKIN (for himself, Mr. (Mr. CORKER) was added as a cosponsor
S. 36. A bill to amend the Farm Security GRASSLEY, Mr. BAUCUS, and Mr. of S. 15, a bill to establish a new budget
and Rural Investment Act to establish a BROWN): process to create a comprehensive plan
biofuels promotion program to promote sus- S. 1460. A bill to amend the Farm Security to rein in spending, reduce the deficit,
and Rural Development Act of 2002 to sup-
tainable production of biofuels and biomass, and regain control of the Federal budg-
port beginning farmers and ranchers, and for
and for other purposes; to the Committee on et process.
other purposes; to the Committee on Agri-
Agriculture, Nutrition, and Forestry. S. 22
culture, Nutrition, and Forestry.
By Mr. DOMENICI (for himself, Mr.
CRAIG, Mr. BURR, Mr. CRAPO, Mr.
By Mr. ROCKEFELLER: At the request of Mr. WEBB, the name
S. 1461. A bill to prohibit the Secretary of of the Senator from Louisiana (Ms.
DEMINT, Mr. GRAHAM, Mr. HAGEL, Health and Human Services from imposing
Mr. THOMAS, Ms. MURKOWSKI, Mr. LANDRIEU) was added as a cosponsor of
penalties against a State under the Tem-
BUNNING, and Mr. MARTINEZ): porary Assistance for Needy Families pro-
S. 22, a bill to amend title 38, United
S. 37. A bill to enhance the management gram for failure to satisfy minimum work States Code, to establish a program of
and disposal of spent nuclear fuel and high- participation rates or comply with work par- educational assistance for members of
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level radioactive waste, to assure protection ticipation verification procedures with re- the Armed Forces who serve in the
of public health safety, to ensure the terri- spect to months beginning after September Armed Forces after September 11, 2001,
torial integrity and security of the reposi- 2006 and before the end of the 12-month pe-
tory at Yucca Mountain, and for other pur- and for other purposes.
riod that begins on the date the Secretary S. 60
poses; to the Committee on Energy and Nat- approves the States work verification plan;
ural Resources. to the Committee on Finance.
At the request of Mr. INOUYE, the
By Mr. ROCKEFELLER: names of the Senator from Utah (Mr.
S. 1462. A bill to amend part E of title IV HATCH), the Senator from Massachu-
of the Social Security Act to promote the setts (Mr. KENNEDY), the Senator from

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S6550 CONGRESSIONAL RECORD SENATE May 23, 2007
North Dakota (Mr. CONRAD), the Sen- of S. 392, a bill to ensure payment of 694, a bill to direct the Secretary of
ator from North Dakota (Mr. DORGAN) United States assessments for United Transportation to issue regulations to
and the Senator from Hawaii (Mr. Nations peacekeeping operations for reduce the incidence of child injury
AKAKA) were added as cosponsors of S. the 2005 through 2008 time period. and death occurring inside or outside
60, a bill to amend the Public Health S. 442 of light motor vehicles, and for other
Service Act to provide a means for con- At the request of Mr. DURBIN, the purposes.
tinued improvement in emergency name of the Senator from Florida (Mr. S. 700
medical services for children. MARTINEZ) was added as a cosponsor of At the request of Mr. CRAPO, the
S. 82 S. 442, a bill to provide for loan repay- name of the Senator from Maine (Ms.
At the request of Mr. AKAKA, the ment for prosecutors and public defend- SNOWE) was added as a cosponsor of S.
name of the Senator from Missouri ers. 700, a bill to amend the Internal Rev-
(Mrs. MCCASKILL) was added as a co- S. 450 enue Code to provide a tax credit to in-
sponsor of S. 82, a bill to reaffirm the At the request of Mr. ENSIGN, the dividuals who enter into agreements to
authority of the Comptroller General name of the Senator from Washington protect the habitats of endangered and
to audit and evaluate the programs, ac- (Ms. CANTWELL) was added as a cospon- threatened species, and for other pur-
tivities, and financial transactions of sor of S. 450, a bill to amend title XVIII poses.
the intelligence community, and for of the Social Security Act to repeal the S. 807
other purposes. medicare outpatient rehabilitation At the request of Mrs. LINCOLN, the
S. 156 therapy caps. name of the Senator from Oregon (Mr.
At the request of Mr. WYDEN, the S. 543 SMITH) was added as a cosponsor of S.
name of the Senator from Florida (Mr. At the request of Mr. NELSON of Ne- 807, a bill to amend the Comprehensive
MARTINEZ) was added as a cosponsor of braska, the name of the Senator from Environmental Response Compensation
S. 156, a bill to make the moratorium Connecticut (Mr. DODD) was added as a and Liability Act of 1980 to provide
on Internet access taxes and multiple cosponsor of S. 543, a bill to improve that manure shall not be considered to
and discriminatory taxes on electronic Medicare beneficiary access by extend- be a hazardous substance, pollutant, or
commerce permanent. ing the 60 percent compliance thresh- contaminant.
S. 206 old used to determine whether a hos- S. 901
At the request of Mrs. FEINSTEIN, the pital or unit of a hospital is an inpa- At the request of Mr. KENNEDY, the
name of the Senator from Minnesota tient rehabilitation facility under the names of the Senator from Delaware
(Mr. COLEMAN) was added as a cospon- Medicare program. (Mr. BIDEN), the Senator from Mis-
sor of S. 206, a bill to amend title II of S. 594 sissippi (Mr. COCHRAN), the Senator
the Social Security Act to repeal the At the request of Mrs. FEINSTEIN, the from Virginia (Mr. WARNER) and the
Government pension offset and wind- name of the Senator from Iowa (Mr. Senator from Georgia (Mr. CHAMBLISS)
fall elimination provisions. HARKIN) was added as a cosponsor of S. were added as cosponsors of S. 901, a
S. 223 594, a bill to limit the use, sale, and bill to amend the Public Health Serv-
At the request of Mr. COCHRAN, the transfer of cluster munitions. ice Act to provide additional authoriza-
name of the Senator from Tennessee S. 625 tions of appropriations for the health
(Mr. ALEXANDER) was added as a co- At the request of Mr. KENNEDY, the centers program under section 330 of
sponsor of S. 223, a bill to require Sen- name of the Senator from California such Act.
ate candidates to file designations, (Mrs. BOXER) was added as a cosponsor S. 911
statements, and reports in electronic of S. 625, a bill to protect the public At the request of Mr. COLEMAN, the
form. health by providing the Food and Drug name of the Senator from South Caro-
S. 231 Administration with certain authority lina (Mr. GRAHAM) was added as a co-
At the request of Mrs. FEINSTEIN, the to regulate tobacco products. sponsor of S. 911, a bill to amend the
name of the Senator from Nevada (Mr. S. 661 Public Health Service Act to advance
REID) was added as a cosponsor of S. At the request of Mrs. CLINTON, the medical research and treatments into
231, a bill to authorize the Edward names of the Senator from Minnesota pediatric cancers, ensure patients and
Byrne Memorial Justice Assistance (Mr. COLEMAN) and the Senator from families have access to the current
Grant Program at fiscal year 2006 lev- Vermont (Mr. SANDERS) were added as treatments and information regarding
els through 2012. cosponsors of S. 661, a bill to establish pediatric cancers, establish a popu-
At the request of Mr. VITTER, his kinship navigator programs, to estab- lation-based national childhood cancer
name was added as a cosponsor of S. lish guardianship assistance payments database, and promote public aware-
231, supra. for children, and for other purposes. ness of pediatric cancers.
S. 329 S. 675 S. 921
At the request of Mr. CRAPO, the At the request of Mr. HARKIN, the At the request of Mr. THOMAS, the
name of the Senator from Pennsyl- name of the Senator from New Jersey name of the Senator from Illinois (Mr.
vania (Mr. SPECTER) was added as a co- (Mr. LAUTENBERG) was added as a co- DURBIN) was added as a cosponsor of S.
sponsor of S. 329, a bill to amend title sponsor of S. 675, a bill to provide com- 921, a bill to amend title XVIII of the
XVIII of the Social Security Act to petitive grants for training court re- Social Security Act to provide for the
provide coverage for cardiac rehabilita- porters and closed captioners to meet coverage of marriage and family thera-
tion and pulmonary rehabilitation requirements for realtime writers pist services and mental health coun-
services. under the Telecommunications Act of selor services under part B of the Medi-
S. 331 1996, and for other purposes. care program, and for other purposes.
At the request of Mr. THUNE, the S. 691 S. 970
name of the Senator from New York At the request of Mr. CONRAD, the At the request of Mr. SMITH, the
(Mrs. CLINTON) was added as a cospon- name of the Senator from Oregon (Mr. names of the Senator from Oklahoma
sor of S. 331, a bill to provide grants SMITH) was added as a cosponsor of S. (Mr. INHOFE) and the Senator from New
from moneys collected from violations 691, a bill to amend title XVIII of the Hampshire (Mr. SUNUNU) were added as
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of the corporate average fuel economy Social Security Act to improve the cosponsors of S. 970, a bill to impose
program to be used to expand infra- benefits under the Medicare program sanctions on Iran and on other coun-
structure necessary to increase the for beneficiaries with kidney disease, tries for assisting Iran in developing a
availability of alternative fuels. and for other purposes. nuclear program, and for other pur-
S. 392 S. 694 poses.
At the request of Mr. BIDEN, the At the request of Mrs. CLINTON, the S. 994
name of the Senator from Nebraska name of the Senator from Illinois (Mr. At the request of Mr. TESTER, the
(Mr. HAGEL) was added as a cosponsor OBAMA) was added as a cosponsor of S. name of the Senator from Ohio (Mr.

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6551
BROWN) was added as a cosponsor of S. bill to amend title XXI of the Social (Mr. CORKER), the Senator from North
994, a bill to amend title 38, United Security Act to reauthorize the State Carolina (Mrs. DOLE), the Senator from
States Code, to eliminate the deduct- Childrens Health Insurance Program, Oklahoma (Mr. COBURN), the Senator
ible and change the method of deter- and for other purposes. from South Carolina (Mr. DEMINT), the
mining the mileage reimbursement S. 1338 Senator from New Hampshire (Mr.
rate under the beneficiary travel pro- At the request of Mr. ROCKEFELLER, GREGG), the Senator from Alabama
gram administered by the Secretary of the name of the Senator from Georgia (Mr. SHELBY) and the Senator from
Veteran Affairs, and for other pur- (Mr. CHAMBLISS) was added as a cospon- Florida (Mr. MARTINEZ) were added as
poses. sor of S. 1338, a bill to amend title cosponsors of amendment No. 1151 in-
S. 1003 XVIII of the Social Security Act to tended to be proposed to S. 1348, a bill
At the request of Ms. STABENOW, the provide for a two-year moratorium on to provide for comprehensive immigra-
name of the Senator from Louisiana certain Medicare physician payment tion reform and for other purposes.
(Mr. VITTER) was added as a cosponsor reductions for imaging services. AMENDMENT NO. 1157
S. 1339 At the request of Mr. VITTER, the
of S. 1003, a bill to amend title XVIII of
the Social Security Act to improve ac- At the request of Mr. KENNEDY, the names of the Senator from Oklahoma
cess to emergency medical services and name of the Senator from Vermont (Mr. INHOFE) and the Senator from
the quality and efficiency of care fur- (Mr. SANDERS) was added as a cospon- Kentucky (Mr. BUNNING) were added as
nished in emergency departments of sor of S. 1339, a bill to amend the Ele- cosponsors of amendment No. 1157 in-
hospitals and critical access hospitals mentary and Secondary Education Act tended to be proposed to S. 1348, a bill
by establishing a bipartisan commis- of 1965, the Higher Education Act of to provide for comprehensive immigra-
sion to examine factors that affect the 1965, and the Internal Revenue Code of tion reform and for other purposes.
1986 to improve recruitment, prepara-
effective delivery of such services, by AMENDMENT NO. 1158
tion, distribution, and retention of
providing for additional payments for At the request of Mr. COLEMAN, the
public elementary and secondary
certain physician services furnished in name of the Senator from Mississippi
school teachers and principals, and for
such emergency departments, and by (Mr. COCHRAN) was added as a cospon-
other purposes.
establishing a Centers for Medicare & sor of amendment No. 1158 proposed to
S. 1370
Medicaid Services Working Group, and S. 1348, a bill to provide for comprehen-
At the request of Ms. CANTWELL, the
for other purposes. sive immigration reform and for other
name of the Senator from Maine (Ms.
S. 1019 purposes.
SNOWE) was added as a cosponsor of S.
At the request of Mr. COBURN, the 1370, a bill to amend the Internal Rev- AMENDMENT NO. 1159
name of the Senator from Florida (Mr. enue Code of 1986 to ensure more in- At the request of Mr. COLEMAN, the
MARTINEZ) was added as a cosponsor of vestment and innovation in clean en- name of the Senator from New Hamp-
S. 1019, a bill to provide comprehensive ergy technologies. shire (Mr. SUNUNU) was added as a co-
reform of the health care system of the S. 1389 sponsor of amendment No. 1159 in-
United States, and for other purposes. At the request of Mr. OBAMA, the tended to be proposed to S. 1348, a bill
S. 1117 name of the Senator from Massachu- to provide for comprehensive immigra-
At the request of Mr. BOND, the name setts (Mr. KERRY) was added as a co- tion reform and for other purposes.
of the Senator from Missouri (Mrs. sponsor of S. 1389, a bill to authorize AMENDMENT NO. 1161
MCCASKILL) was added as a cosponsor the National Science Foundation to es- At the request of Mr. ALEXANDER, the
of S. 1117, a bill to establish a grant tablish a Climate Change Education name of the Senator from Texas (Mr.
program to provide vision care to chil- Program. CORNYN) was added as a cosponsor of
dren, and for other purposes. S. 1410 amendment No. 1161 intended to be pro-
S. 1155 At the request of Mr. COLEMAN, the posed to S. 1348, a bill to provide for
At the request of Mr. BROWNBACK, the names of the Senator from New York comprehensive immigration reform
name of the Senator from Mississippi (Mrs. CLINTON), the Senator from Mis- and for other purposes.
(Mr. COCHRAN) was added as a cospon- sissippi (Mr. COCHRAN) and the Senator AMENDMENT NO. 1165
sor of S. 1155, a bill to treat payments from Oregon (Mr. SMITH) were added as At the request of Mr. LEAHY, the
under the Conservation Reserve Pro- cosponsors of S. 1410, a bill to amend names of the Senator from Pennsyl-
gram as rentals from real estate. the Internal Revenue Code of 1986 to vania (Mr. CASEY) and the Senator
S. 1172
allow a credit against income tax for from New York (Mr. SCHUMER) were
the purchase of hearing aids. added as cosponsors of amendment No.
At the request of Mr. DURBIN, the
S. RES. 203 1165 proposed to S. 1348, a bill to pro-
names of the Senator from Delaware
(Mr. BIDEN), the Senator from New At the request of Mr. MENENDEZ, the vide for comprehensive immigration
Mexico (Mr. BINGAMAN), the Senator names of the Senator from North Caro- reform and for other purposes.
lina (Mr. BURR), the Senator from Ne- f
from Massachusetts (Mr. KERRY), the
braska (Mr. HAGEL), the Senator from
Senator from Connecticut (Mr. LIEBER- STATEMENTS ON INTRODUCED
Florida (Mr. NELSON) and the Senator
MAN) and the Senator from Colorado BILLS AND JOINT RESOLUTIONS
from New Mexico (Mr. BINGAMAN) were
(Mr. SALAZAR) were added as cospon-
added as cosponsors of S. Res. 203, a By Mr. DOMENICI (for himself,
sors of S. 1172, a bill to reduce hunger
resolution calling on the Government Mr. CRAIG, Mr. BURR, Mr.
in the United States.
of the Peoples Republic of China to use CRAPO, Mr. DEMINT, Mr. GRA-
S. 1183
its unique influence and economic le- HAM, Mr. HAGEL, Mr. THOMAS,
At the request of Mr. HARKIN, the verage to stop genocide and violence in Ms. MURKOWSKI, Mr. BUNNING,
name of the Senator from Massachu- Darfur, Sudan. and Mr. MARTINEZ):
setts (Mr. KERRY) was added as a co- AMENDMENT NO. 1146 S. 37. A bill to enhance the manage-
sponsor of S. 1183, a bill to enhance and At the request of Mrs. FEINSTEIN, the ment and disposal of spent nuclear fuel
further research into paralysis and to names of the Senator from Florida (Mr. and high-level radioactive waste, to as-
improve rehabilitation and the quality MARTINEZ), the Senator from Wash- sure protection of public health safety,
of life for persons living with paralysis ington (Ms. CANTWELL) and the Senator to ensure the territorial integrity and
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and other physical disabilities, and for from Nebraska (Mr. HAGEL) were added security of the repository at Yucca
other purposes. as cosponsors of amendment No. 1146 Mountain, and for other purposes; to
S. 1224 proposed to S. 1348, a bill to provide for the Committee on Energy and Natural
At the request of Mr. ROCKEFELLER, comprehensive immigration reform Resources.
the names of the Senator from Mis- and for other purposes. Mr. DOMENICI. Mr. President, today
souri (Mrs. MCCASKILL) and the Sen- AMENDMENT NO. 1151 I am introducing legislation that I be-
ator from Massachusetts (Mr. KERRY) At the request of Mr. INHOFE, the lieve will place the Department of En-
were added as cosponsors of S. 1224, a names of the Senator from Tennessee ergys nuclear waste program back on

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S6552 CONGRESSIONAL RECORD SENATE May 23, 2007
track. I am joined by Senator CRAIG While moving more slowly than 147,000 acres of Federal land from pub-
and others to introduce the Nuclear planned, DOEs nuclear waste program lic use currently controlled by the Bu-
Waste Access to Yucca Bill, or Nu-Way has made progress toward making the reau of Land Management, the Air
Bill, which I believe will help to re- goal of a permanent geologic reposi- Force, and the Nevada Test Site, to
solve the issue of nuclear waste once tory for nuclear waste a reality. Origi- satisfy a license condition of the NRC.
and for all. nally, the Nuclear Waste Policy Act re- This legislation will repeal the arbi-
As we all know, the history of the quired DOE to characterize more than trary 70,000 metric ton statutory limit
Yucca Mountain project has been one site for two repositories. As the on emplacement of radioactive mate-
rocky at best. The Yucca Mountain most promising site considered, the rial at Yucca Mountain. The cap was
project has a very long pedigree, start- Yucca Mountain site was selected by imposed when Congress was consid-
ing back to the late 1950s when the Na- DOE to be the first site to be charac- ering two rounds of repositories. I be-
tional Academy of Sciences, NAS, re- terized. In 1987, the act was amended lieve that the capacity of the mountain
ported to the Atomic Energy Commis- and the Congress directed DOE to focus should be determined by scientific and
sion that burying radioactive high- its siting effort on Yucca Mountain technical analysis, and not by political
level waste in geologic formations alone and terminated the second repos- compromises.
should receive consideration. NAS stat- itory program. Today, the major facility at the
ed that radioactive waste can be dis- On February 14, 2002, after carrying Yucca Mountain site is an explor-
posed of safely in a variety of ways and out the required appropriate site atory studies facility with a 25-foot-
at a large number of sites in the United characterization activities at Yucca diameter, 5-mile long, tunnel with
States. Mountain to determine its suitability, ramps leading to the surface. This leg-
In 1982, Congress passed the Nuclear the President recommended Yucca islation will allow the DOE to begin
Waste Policy Act after a solid con- Mountain to Congress as being quali- construction of needed infrastructure
sensus had been reached around the fied for application for a construction for the repository and surface storage
major elements of the approach broad- authorization for a repository. facilities as soon as they complete an
ly outlined by President Carter. When The Nuclear Waste Policy Act pro- environmental impact statement that
President Reagan signed it into law the vided the Governor of Nevada the op- evaluates these activities.
following January, he called the Act a portunity to object to the site selec- The Nu-Way bill also begins to
milestone for progress and the ability tion and to submit to Congress the rea- consolidate the defense nuclear waste
of our democratic system to resolve a sons. On April 8, 2002, the Governor of and spent nuclear fuel from defense ac-
sophisticated and divisive issue. Nevada exercised this authority and tivities at the Yucca Mountain site.
The Congress was quite optimistic submitted his notice of disapproval and The bill requires DOE to file for a per-
then, so optimistic that we told the De- statement of reasons. Under the terms mit to build a surface receipt and stor-
partment of Energy, DOE, to enter into of the Act, the Governors notice had
contracts with utilities to begin taking age facility at the Nevada Test Site at
the effect of terminating further con- the same time it files its license appli-
nuclear waste off their hands by 1998 in sideration of the Yucca Mountain site
return for the payment of fees. Well, cation for a repository at Yucca Moun-
until both Houses of Congress passed tain.
obviously that didnt happen, but the and the President signed into law a As soon as the department receives
United States government continues to joint resolution approving the site. the permit for the surface receipt and
collect the fee at 1mil/KWH electricity The State veto provisions of the act storage facility from the NRC, it may
generated by nuclear plants. What did accomplished their intent, which was
happen was that the utilities began to begin moving defense fuel and waste to
to afford Congress another opportunity the Nevada Test Site. We are not giv-
sue DOE for failing to meet its contrac- to review and determine if the objec-
tual obligation to remove spent nu- ing DOE any new authority to move
tion was sufficient to terminate the spent fuel. DOE currently has author-
clear fuel from storage at commercial program. Based on expert opinion, both
reactor sites. DOE has been negoti- ity to transport and consolidate de-
Houses concluded that the objection
ating with various reactor owners since fense waste at DOE facilities, with the
was not sufficient, and that the Yucca
1999 over the missed deadline for settle- sole exception of Yucca Mountain site.
Mountain site is geologically suitable
ment agreements. The first agreement The spent nuclear fuel from our Navy
for development of the repository. In
was reached in July 2000 which allowed and defense activities that kept us safe
the national interest, Congress ap-
DOE to pay PECO Energy Co. up to $80 during the Cold War should be consoli-
proved the Yucca Mountain site, and
million in nuclear waste fee revenues dated and stored securely at the Ne-
instructed DOE to file a license appli-
during the subsequent 10 years. How- vada Test Site. The defense waste is
cation for the repository with the Nu-
ever, other utilities sued DOE to block currently stored temporarily in Han-
clear Regulatory Commission, NRC.
the settlement, contending that nu- ford, Idaho and Savannah River sites.
The decision has been made. All the
clear waste fees may be used only for This legislation further provides that
scientific work performed to date sup-
the DOE Waste Program and not as only after the NRC issues a construc-
ports the decision.
compensation for missing the disposal With the siting decision made, it will tion permit for Yucca Mountain, may
deadline. The U.S. Court of Appeals for now be up to the EPA to issue general the Department of Energy begin mov-
the 11th Circuit agreed that any com- standards and for the Nuclear Regu- ing civilian spent fuel to the Nevada
pensation would have to come from latory Commission to license the facil- Test Site. This legislation also lays the
general revenue or other sources than ity by evaluating the scientific data foundation to integrate Yucca Moun-
the waste fund. and determining whether the reposi- tain Repository Program and Global
Today, commercial spent nuclear tory will permanently, and safely, iso- Nuclear Energy Partnership, GNEP, by
fuel continues to be stored at plant late nuclear waste. providing that before civilian spent nu-
sites, and DOE is facing more than $6 Yucca Mountain is the cornerstone of clear fuel is shipped to Yucca Moun-
billion in judgments for failure to dis- our national comprehensive spent nu- tain, the Secretary of Energy must de-
pose the spent nuclear fuel. As for the clear fuel management strategy for termine if it can be recycled within a
nuclear waste fund, we now have more this country. Let me be clear: We need reasonable time. I might add that the
than $19 billion of the ratepayers Yucca Mountain. We must make this current plans for GNEP do not include
money in principal and interest. program work. I believe the bill intro- recycling all 55,000 metric tons of civil-
In addition to civilian spent nuclear ian spent fuel that has already been
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duced today will do that.


fuel, the Department of Energy stores This bill will remove unintended generated. This proposal will would
about 2,500 metric tons of defense legal barriers that will allow DOE to avoid moving waste to Yucca Mountain
waste, which includes unreprocessed meet its obligation to accept and store Site that should be shipped instead to
spent nuclear fuel from its plutonium spent nuclear fuel as soon as possible, a GNEP facility.
production reactors, naval propulsion without prejudging the outcome of the In the long run, this measure pro-
reactors, and research reactors at Han- NRCs repository licensing decision. vides DOE with the authorities needed
ford, Savannah River, and the Idaho The bill I am introducing today au- to execute the Yucca Mountain project
National Laboratory. thorizes DOE to permanently withdraw for long term emplacement and for the

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6553
GNEP program to reduce the volume and mental health services to veterans are causing great stress for the spouses
and toxicity of the material to be who served in Operation Iraqi Freedom and children of these soldiers. Yet de-
placed in the repository, thereby elimi- and Operation Enduring Freedom, with spite the recognition of the mental
nating the need for a second waste re- a particular emphasis on those soldiers health needs of the family members of
pository. who served in the National Guard and the returning veterans, current law
This bill will also withdraw land for Reserves. limits the ability of the VA to work
a rail route Yucca, a vital transpor- Operation Enduring Freedom, OEF, with these family members. This bill
tation component. There is also a pro- and Operation Iraqi Freedom, OIF, are will expand access to mental health
vision that provides that appropria- unique in their extensive use of Na- services for the immediate family of
tions from the nuclear waste fund will tional Guard and Reserve troops and the veteran so that they may help the
not count against the allocations for their reliance on repetitive deploy- veteran recover in the case of injury or
discretionary spending. DOE will have ments. More than 1,500 National Guard illness incurred during deployment. It
access to the full funds in the nuclear and Reservists from New Mexico have will also help expand access to services
waste fund, moneys collected from been deployed in support of OIF and so that the family can better help the
electricity rate payers, our constitu- OEF. Several hundred of these soldiers veteran adjust back to civilian life, and
ents, specifically for developing and have been deployed multiple times. also help the readjustment of the fam-
constructing the waste repository. This is a new era for our National ily to the return of the veteran.
To address the liability problem cre- Guard and for the Reserve. The role of Lastly, this bill will extend the eligi-
ated by Congress when DOE could not these organizations in defending our bility for health care services from the
remove spent nuclear fuel from the re- national security has significantly in- Department of Veterans Affairs for vet-
actor sites, this legislation will author- creased. Guard and Reserve members erans who served in combat from 2
ize DOE to revise the standard contract are seeing significant combat action years to 5 years. Two years is often in-
to accept waste from new nuclear reac- and we know that a number of these sufficient time for symptoms related to
tors at a more reasonable schedule. By soldiers will return with mental and PTSD and other mental illness to
doing all of these things, this bill will physical wounds suffered in these wars, manifest. In many cases, it takes years
including post traumatic stress dis- for symptoms to present themselves,
establish a comprehensive program
order, depression, brain injuries and and the difficulty is often compounded
that will provide confidence that our
other traumatic illnesses. by the fact that many servicemembers
Nations nuclear waste will be managed
Virtually all returning veterans and do not immediately seek the care that
safely both for current and future reac-
their families will face readjustment they need. Five years provides a more
tors.
problems. These soldiers and their fam- adequate window to address these
The issue of Yucca Mountain has
ilies deserve the best care and treat- risks.
been addressed repeatedly by Congress Outreach and access to treatment are
and Presidents. The legislation I am in- ment possible, but where do our Na-
tional Guard and Reserve soldiers fit essential to prevent readjustment prob-
troducing today will not circumvent lems for our returning veterans and
any environmental standards or regu- into the military and veterans sys-
tems of care? These citizen-soldiers their families. Left untreated, mental
lations, nor will it preempt any State disorders like PTSD and depression can
or local government rights. are not returning to military bases,
become chronic and debilitating. We
Despite the great advances that we but rather to communities that are fre-
need systems in place to ensure that
have made in this Nation on nuclear quently remote from VA medical cen-
OEF/OIF veterans who are returning to
energy, we are still faced with chal- ters and clinics.
Were quick to urge that VA provide their homes have access to the services
lenges. EIA estimates that even with a they need. It is my hope that this legis-
projected increase in nuclear capacity veterans needed treatment for service-
related mental health problems, but we lation will help close the gaps we cur-
and generation in large, the nuclear rently have in our service delivery sys-
share of total electricity is estimated also need to do more to remove the
tems and provide help to those who
to fall from 19 percent in 2005 to 15 per- barriers such as travel and distance
have experienced mental health prob-
cent in 2030. This is because our energy that oftentimes will prevent a veteran
lems as a result of their service to
needs will be great over the next 25 from seeking and continuing treat-
their country.
years. For energy security reasons, ment. The Domenici-Obama bill calls I ask unanimous consent that the
economic reasons and environmental on the Secretary of Veterans Affairs to text of the bill be printed in the
reasons, we must make nuclear energy develop a national program to reach RECORD.
a larger part of our mix. To meet the vets who cant or wont seek VA care. There being no objection, the text of
challenge of reducing carbon emissions It requires the Secretary to mount a the bill was ordered to be printed in
in order to address climate change, we national program to train a cadre of re- the RECORD, as follows:
need nuclear energy. And, if we need turning servicemembers for positions S. 38
nuclear energy, we need Yucca Moun- as peer outreach workers and peer-sup- Be it enacted by the Senate and House of Rep-
tain. port specialists. In any remote area of resentatives of the United States of America in
Solving nuclear waste is in the na- the country in which the VA deter- Congress assembled,
tional interest. We can solve this prob- mines there is inadequate access to a SECTION 1. SHORT TITLE.
lem and I hope we can move forward VA medical center, the bill directs the This Act may be cited as the Veterans
Secretary of the VA to contract with Mental Health Outreach and Access Act of
together in a new way.
community mental health centers and 2007.
SEC. 2. PROGRAM ON PROVISION OF READJUST-
By Mr. DOMENICI (for himself other qualified entities to provide peer MENT AND MENTAL HEALTH CARE
and Mr. OBAMA): outreach and support services, read- SERVICES TO VETERANS WHO
S. 38. A bill to require the Secretary justment counseling and mental health SERVED IN OPERATION IRAQI FREE-
of Veterans Affairs to establish a pro- services. However, any resulting con- DOM AND OPERATION ENDURING
FREEDOM.
gram for the provision of readjustment tracts would require centers to first (a) PROGRAM REQUIRED.Not later than 180
and mental health services to veterans train and adhere to the VAs expertise days after the date of the enactment of this
who served in Operation Iraqi Freedom and standards of care in mental health. Act, the Secretary of Veterans Affairs shall
and Operation Enduring Freedom, and It also will require any contract-pro- establish a program to provide
for other purposes; to the Committee vider to hire a trained peer specialist (1) to veterans of Operation Iraqi Freedom
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on Veterans Affairs. as well as have its clinicians partici- and Operation Enduring Freedom, particu-
Mr. DOMENICI. Mr. President, I rise pate in a training program to be cer- larly veterans who served in such operations
today with my colleague Senator while in the National Guard and the Re-
tain theyll provide culturally com-
serves
OBAMA to introduce the Veterans Men- petent services. (A) peer outreach services;
tal Health Outreach and Access Act. This bill also gives needed attention (B) peer support services;
This bill will require the Secretary of to the toll these military operations (C) readjustment counseling and services
Veterans Affairs to establish a pro- have on the mental health needs of our described in section 1712A of title 38, United
gram for the provision of readjustment veterans families. These deployments States Code; and

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S6554 CONGRESSIONAL RECORD SENATE May 23, 2007
(D) mental health services; and date of the enactment of this Act, the Sec- pension plans. The quality of service
(2) to members of the immediate family of retary shall submit to the Committee on and reliability that the USPS has been
such a veteran, during the three-year period Veterans Affairs of the Senate and the Com- known for is threatened if our mail
beginning on the date of the return of such mittee on Veterans Affairs of the House of
carriers are replaced by low-paid,
veteran from deployment in Operation Iraqi Representatives a report containing the
Freedom and Operation Enduring Freedom, plans of the Secretary to implement the pro- short-term workers.
education, support, counseling, and mental gram required by subsection (a). This is why I am introducing the
health services to assist in (2) STATUS REPORT.Not later than one Mail Delivery Protection Act of 2007.
(A) the readjustment of such veteran to ci- year after the date of the enactment of this This bill would prevent the USPS from
vilian life; Act, the Secretary shall submit to the Com- contracting out the delivery of mail to
(B) in the case such veteran has an injury mittee on Veterans Affairs of the Senate postal patrons to private individuals
or illness incurred during such deployment, and the Committee on Veterans Affairs of and firms.
the recovery of such veteran; and the House of Representatives a report on the Each day millions of sensitive mate-
(C) the readjustment of the family fol- implementation of the program. Such report rials, including financial statements,
lowing the return of such veteran. shall include the following:
(b) CONTRACTS WITH COMMUNITY MENTAL (A) Information on the number of veterans
credit cards, Social Security checks,
HEALTH CENTERS AND QUALIFIED ENTITIES who received services as part of the program passports, and ballots, pass through the
FOR PROVISION OF SERVICES.In carrying out and the type of services received during the mail stream. We cannot afford to allow
the program required by subsection (a), the last full calendar year completed before the the safe delivery of these personal, pri-
Secretary shall contract with community submission of such report. vate documents to be granted to the
mental health centers and other qualified en- (B) An evaluation of the provision of serv- lowest bidder.
tities to provide the services required by ices under paragraph (2) of subsection (a) and In 2006, 379 Members of the House of
such subsection in areas the Secretary deter- a recommendation as to whether the period
mines are not adequately served by other
Representatives voted against a pilot
described in such paragraph should be ex-
health care facilities of the Department of program testing the feasibility of con-
tended to a five-year period.
Veterans Affairs. Such contracts shall re- (f) AUTHORIZATION OF APPROPRIATIONS. tracted delivery.
quire each contracting community health There are authorized to be appropriated to However, postal management has in-
center or entity the Secretary of Veterans Affairs such sums creasingly chosen to contract out the
(1) to the extent practicable, to employ as may be necessary to carry out this sec- delivery of mail, therefore outsourcing
veterans trained under subsection (c); tion. their core service function. A fancy
(2) to the extent practicable, to use tele- SEC. 3. EXTENSION OF ELIGIBILITY FOR HEALTH restaurant would not contract out its
health services for the delivery of services CARE SERVICES FROM DEPART-
MENT OF VETERANS AFFAIRS FOR
chefs to a cheap fast-food chain to save
required by subsection (a);
(3) to participate in the training program VETERANS OF SERVICE IN COMBAT money. Why should the Post Office
conducted in accordance with subsection (d); THEATER. outsource its delivery?
(4) to comply with applicable protocols of Section 1710(e)(3)(C) of title 38, United We must remember that this is the
the Department of Veterans Affairs before States Code, is amended by striking 2 U.S. Postal Service. This bill will en-
incurring any liability on behalf of the De- years and inserting 5 years. sure that the safety and reliability we
partment for the provision of the services re- have all come to know from our local
quired by subsection (a); By Mr. HARKIN (for himself, Mr.
mail carriers will continue.
(5) to submit annual reports to the Sec- CASEY, Mr. BINGAMAN, Mrs.
I ask unanimous consent that the
retary containing, with respect to the pro- MURRAY, and Mr. LEAHY):
text of the bill be printed in the
gram required by subsection (a) and for the S. 1457. A bill to provide for the pro-
RECORD.
last full calendar year ending before the sub- tection of mail delivery on certain There being no objection, the text of
mission of such report postal routes, and for other purposes;
(A) the number of the veterans served, vet- the bill was ordered to be printed in
to the Committee on Homeland Secu- the RECORD, as follows:
erans diagnosed, and courses of treatment rity and Governmental Affairs.
provided to veterans as part of the program S. 1457
Mr. HARKIN. Mr. President, since it
required by subsection (a); and Be it enacted by the Senate and House of Rep-
(B) demographic information for such serv- was created the U.S. Postal Service has
resentatives of the United States of America in
ices, diagnoses, and courses of treatment; provided trusted, reliable delivery to Congress assembled,
(6) for each veteran for whom a community tens of millions of households through- SECTION 1. MAIL DELIVERY PROTECTION.
mental health center or other qualified enti- out the country. Today, the USPS (a) SHORT TITLE.This Act may be cited as
ty provides mental health services under stands as the second largest employer the Mail Delivery Protection Act of 2007.
such contract, to provide the Department of in the country with over 700,000 em- (b) MAIL DELIVERY PROTECTION.Section
Veterans Affairs with such clinical summary ployees and is the most efficient postal 5212 of title 39, United States Code, is amend-
information as the Secretary shall require; ed
service in the world. Last year, the
and (1) by inserting (a) before The Postal
(7) to meet such other requirements as the Postal Accountability and Enhance- Service may; and
Secretary shall require. ment Act was passed and signed into (2) by adding at the end the following:
(c) TRAINING OF VETERANS FOR THE PROVI- law, ensuring the sustainability of the (b)(1) Except as provided under paragraph
SION OF PEER-OUTREACH AND PEER-SUPPORT USPS for years to come. (2), the Postal Service may not enter into
SERVICES.In carrying out the program re- However, recent decisions by the any contract under this section with any
quired by subsection (a), the Secretary shall Postal Service have put the success motor carrier or other person for the deliv-
contract with a national not-for-profit men- and reliability of mail delivery in jeop- ery of mail on any route with 1 or more fam-
tal health organization to carry out a na- ilies per mile.
tional program of training for veterans de-
ardy. Postal delivery managers are now (2) Notwithstanding paragraph (1)
scribed in subsection (a) to provide the serv- being encouraged to contract out deliv- (A) any contract described under that
ices described in subparagraphs (A) and (B) ery services for all new deliveries, of paragraph in effect on the date of enactment
of paragraph (1) of such subsection. which there are approximately 1.8 mil- of the Mail Delivery Protection Act of 2007
(d) TRAINING OF CLINICIANS FOR PROVISION lion per year. (i) shall remain in effect until terminated
OF SERVICES.The Secretary shall conduct a Outsourcing the mailman bypasses under the terms of such contract or as other-
training program for clinicians of commu- the process that ensures that only wise provided by law; and
nity mental health centers or entities that (ii) may be renewed 1 or more times; and
have contracts with the Secretary under sub-
qualified people handle Americas mail,
(B) service on a rural route may be con-
section (b) to ensure that such clinicians can leaving open the possibility that con-
verted to contract delivery service when
provide the services required by subsection victed felons, identity thieves, or other such route no longer serves a minimum of 1
(a) in a manner that undesirable workers could have access family per mile..
(1) recognizes factors that are unique to to the mail stream.
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the experience of veterans who served on ac- Furthermore, it limits the ability of
tive duty in Operation Iraqi Freedom or Op- the Postal Service to prevent, inves- By Mr. MENENDEZ (for himself and
eration Enduring Freedom (including their tigate, and prosecute mail theft, mail Mr. LAUTENBERG):
combat and military training experiences); S. 1459. A bill to strengthen the Na-
fraud, and other illegal uses of the
and
(2) utilizes best practices and technologies. mail. tions research efforts to identify the
(e) REPORTS REQUIRED. The USPS employs dedicated postal causes and cure of psoriasis and psori-
(1) INITIAL REPORT ON PLAN FOR IMPLEMEN- employees who earn solid middle-class atic arthritis, expand psoriasis and pso-
TATION.Not later than 45 days after the wages and have health benefits and riatic arthritis data collection, study

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6555
access to and quality of care for people forts and leadership over the last four treatments are used in combination with
with psoriasis and psoriatic arthritis, decades and am grateful to the Founda- other treatments, and all treatments may
and for other purposes; to the Com- tion and its members and staff for their cause a unique set of side effects.
(10) Although new and more effective treat-
mittee on Health, Education, Labor, ongoing commitment to improving
ments finally are becoming available, too
and Pensions. quality of life for people with psoriasis many people do not yet have access to the
Mr. MENENDEZ. Mr. President, I and psoriatic arthritis. Again, I urge types of therapies that may make a signifi-
rise today to introduce the Psoriasis my colleagues to join me in supporting cant difference in the quality of their lives.
and Psoriatic Arthritis Research, Cure, the Psoriasis and Psoriatic Arthritis (11) Psoriasis and psoriatic arthritis con-
and Care Act of 2007. According to the Research Cure, and Care Act. stitute a significant national health issue
National Institutes of Health, as many I ask unanimous consent that the that deserves a comprehensive and coordi-
as 7.5 million Americans are affected text of the bill be printed in the nated response by State and Federal govern-
by psoriasis, a chronic, inflammatory, ments with involvement of the health care
RECORD.
painful, disfiguring and disabling dis- provider, patient, and public health commu-
There being no objection, the text of nities.
ease for which there are limited treat- the bill was ordered to be printed in SEC. 4. EXPANSION OF BIOMEDICAL RESEARCH.
ments and no cure. In my State of New the RECORD, as follows: (a) IN GENERAL.The Secretary of Health
Jersey, the National Psoriasis Founda- S. 1459 and Human Services (in this Act referred to
tion estimates that 219,000 people have Be it enacted by the Senate and House of Rep- as the Secretary), acting through the Di-
psoriasis. resentatives of the United States of America in rector of the National Institutes of Health,
Ten to thirty percent of people with Congress assembled, shall expand and intensify research and re-
psoriasis also develop psoriatic arthri- SECTION 1. SHORT TITLE. lated activities of the Institutes with respect
tis, which causes pain, stiffness, and This Act may be cited as the Psoriasis to psoriasis and psoriatic arthritis.
swelling in and around the joints. and Psoriatic Arthritis Research, Cure, and (b) RESEARCH BY NIAMS.
(1) IN GENERAL.The Director of the Na-
Moreover, of further concern is that Care Act of 2007.
tional Institute of Arthritis and Musculo-
people with psoriasis are at elevated SEC. 2. TABLE OF CONTENTS.
skeletal and Skin Diseases shall conduct or
risk for a myriad other comorbidities, The table of contents for this Act is as fol- support research to expand understanding of
including but not limited to heart dis- lows: the causes of, and to find a cure for, psoriasis
ease, diabetes, obesity, and mental Sec. 1. Short title. and psoriatic arthritis. Such research shall
health conditions. Despite the serious Sec. 2. Table of contents. include the following:
adverse effects that psoriasis and psori- Sec. 3. Findings. (A) Basic research to discover the patho-
Sec. 4. Expansion of biomedical research. genesis and pathophysiology of the disease.
atic arthritis have on individuals, fam-
Sec. 5. National patient registry. (B) Expansion of molecular genetics and
ilies and society, psoriasis and psori- Sec. 6. National summit. immunology studies, including additional
atic arthritis are underrecognized and Sec. 7. Study and report by the Institute of animal models.
underfunded by our Nations research Medicine. (C) Global association mapping with single
institutions and public health agencies. SEC. 3. FINDINGS. nucleotide polymorphisms.
At the historical and current rate of The Congress finds as follows: (D) Identification of environmental trig-
psoriasis funding, NIH funding is not (1) Psoriasis and psoriatic arthritis are gers and autoantigens in psoriasis.
keeping pace with research needs. For autoimmune-mediated, chronic, inflam- (E) Elucidation of specific immune recep-
that reason, I am introducing legisla- matory, painful, disfiguring, and life-alter- tor cells and their products involved.
tion to boost psoriasis and psoriatic ar- ing diseases that require life-long sophisti- (F) Pharmcogenetic studies to understand
cated medical intervention and care and the molecular basis for varying patient re-
thritis research, improve and expand sponse to treatment.
have no cure.
psoriasis and psoriatic arthritis data (2) Psoriasis and psoriatic arthritis affect (G) Identification of genetic markers of
collection, increase access to care and as many as 7.5 million men, women, and chil- psoriatic arthritis susceptibility.
treatment for these diseases, and help dren of all ages and have an adverse impact (H) Research to increase understanding of
debunk the myths associated with pso- on the quality of life for virtually all af- joint inflammation and destruction in psori-
riasis. fected. atic arthritis.
I know that this legislation will go a (3) Psoriasis often is overlooked or dis- (I) Clinical research for the development
long way in achieving these important missed because it does not cause death. Pso- and evaluation of new treatments, including
riasis is commonly and incorrectly consid- new biological agents.
public policy goals. The bill calls on
ered by insurers, employers, policymakers, (J) Research to develop improved diag-
the Secretary of Health and Human nostic tests.
and the public as a mere annoyance, a super-
Services, HHS, to convene a summit of ficial problem, mistakenly thought to be (K) Research to increase understanding of
researchers, public health profes- contagious and due to poor hygiene. Treat- co-morbidities and psoriasis, including
sionals, representatives of patient ad- ment for psoriasis often is categorized, shared molecular pathways.
vocacy organizations and policymakers wrongly, as life-style and not medically (2) COORDINATION WITH OTHER INSTITUTES.
to review current efforts in psoriasis necessary. In carrying out paragraph (1), the Director of
and psoriatic arthritis research, treat- (4) Psoriasis goes hand-in-hand with a myr- the National Institute of Arthritis and Mus-
iad of co-morbidities such as Crohns disease, culoskeletal and Skin Diseases shall coordi-
ment, and quality-of-life being con-
diabetes, metabolic syndrome, obesity, hy- nate the activities of the Institute with the
ducted by Federal agencies whose work activities of other national research insti-
pertension, heart attack, cardiovascular dis-
involves psoriasis and psoriatic arthri- ease, liver disease, and psoriatic arthritis, tutes and other agencies and offices of the
tis and psoriasis and psoriatic arthritis which occurs in 10 to 30 percent of people National Institutes of Health relating to pso-
related comorbidities. The legislation with psoriasis. riasis or psoriatic arthritis.
also calls on the Secretary of HHS to (5) The National Institute of Mental Health SEC. 5. NATIONAL PATIENT REGISTRY.
commission a study from the Institutes funded a study that found that psoriasis may (a) IN GENERAL.The Secretary, acting
of Medicine, IOM, to evaluate and cause as much physical and mental dis- through the Director of the Centers for Dis-
make recommendations to address ability as other major diseases, including ease Control and Prevention and in collabo-
cancer, arthritis, hypertension, heart dis- ration with an eligible national organiza-
health insurance and prescription drug
ease, diabetes, and depression. tion, shall establish a national psoriasis and
coverage as they relate to medications (6) Psoriasis is associated with elevated psoriatic arthritis patient registry.
and treatments for psoriasis and psori- rates of depression and suicidal ideation. (b) COOPERATIVE AGREEMENTS.In carrying
atic arthritis. Lastly, the bill directs (7) Each year the people of the United out subsection (a), the Secretary shall enter
the Centers for Disease Control and States lose approximately 56 million hours of into cooperative agreements with an eligible
Prevention to develop a patient reg- work and spend $2 billion to $3 billion to national organization and appropriate aca-
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istry to collect much-needed longitu- treat psoriasis. demic health institutions to develop, imple-
dinal data on psoriasis and psoriatic (8) Early diagnosis and treatment of psori- ment, and manage a system for psoriasis and
atic arthritis may help prevent irreversible psoriatic arthritis patient data collection
arthritis so we can begin to understand
joint damage. and analysis, including the creation and use
the long-term impact of these condi- (9) Treating psoriasis and psoriatic arthri- of a common data entry and management
tions and evaluate the effects of var- tis presents a challenge for patients and system.
ious therapies. their health care providers because no one (c) LONGITUDINAL DATA.In carrying out
I would like to thank the National treatment works for everyone, some treat- subsection (a), the Secretary shall ensure the
Psoriasis Foundation for all of its ef- ments lose effectiveness over time, many collection and analysis of longitudinal data

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S6556 CONGRESSIONAL RECORD SENATE May 23, 2007
related to individuals of all ages with psori- (b) REPORT.The agreement entered into lining the requirements for work
asis and psoriatic arthritis, including in- under subsection (a) shall provide for the In- verification plans until June 29, 2006.
fants, young children, adolescents, and stitute of Medicine to submit to the Sec- States had just 3 months to develop
adults of all ages including older Americans. retary and Congress, not later than 18
(d) ELIGIBLE NATIONAL ORGANIZATION.In their work verification plans based on
months after the date of the enactment of
this section, the term eligible national or- this Act, a report containing a description of the new regulations, and the plans are
ganization means a national organization the results of the study conducted under this due on September 30, 2006.
that section and the conclusions and rec- On October 1, 2006, the tougher work
(1) has expertise in the epidemiology of ommendations of the Institutes of Medicine standards as measured by work
psoriasis and psoriatic arthritis; and regarding each of the issues described in verification took effect.
(2) maintains an established patient reg- paragraphs (1) through (3) of subsection (a). Today, May 22, 2006, no State has re-
istry or biobank.
(e) AUTHORIZATION OF APPROPRIATIONS.To
ceived approval of their work
By Mr. ROCKEFELLER: verification plans submitted over 7
carry out this section, there are authorized S. 1461. A bill to prohibit the Sec-
to be appropriated $1,000,000 for fiscal year months ago. But States could be penal-
2008 and $500,000 for each of fiscal years 2009 retary of Health and Human Services ized for failing participation standards
through 2012. from imposing penalties against a today before they have gotten guidance
SEC. 6. NATIONAL SUMMIT. State under the Temporary Assistance from HHS that their work verification
(a) IN GENERAL.Not later than one year for Needy Families program for failure plans are approved, and they know
after the date of enactment of this Act, the to satisfy minimum work participation what is expected of them.
Secretary shall convene a summit on the rates or comply with work participa-
current activities of the Federal Government
This is just not fair. States need to
tion verification procedures with re- know what the rules are for work, and
to conduct or support research, treatment,
spect to months beginning after Sep- what they can count for work before
education, and quality-of-life activities with
respect to psoriasis and psoriatic arthritis, tember 2006 and before the end of the any penalties should be assessed, even
including psoriasis and psoriatic arthritis re- 12-month period that begins on the if they are not due until a future date.
lated co-morbidities. The summit shall in- date the Secretary approves the States Some of the potential penalties are
clude researchers, public health profes- work verification plan; to the Com- harsh, including a 5 percent cut in the
sionals, representatives of voluntary health mittee on Finance. States block grant in the first year,
agencies and patient advocacy organizations, Mr. ROCKEFELLER. Mr. President,
representatives of academic institutions, and and a requirement to increase State
today I am introducing a simple bill to matching funds. Such cuts could be im-
Federal and State policymakers.
(b) FOCUS.The summit convened under try and provide some fairness to States posed when the value of TANF block
this section shall focus on as they struggle to try and implement grant has shrunk by more than 20 per-
(1) a broad range of research activities re- the new, stringent standards of the cent since 1996.
lating to biomedical, epidemiological, psy- welfare reform reauthorization im- My bill is simple fairness. It states
chosocial, and rehabilitative issues; posed as part of the Deficit Reduction that no financial penalties can be im-
(2) clinical research for the development Act on 2007. As a former member of the
and evaluation of new treatments, including posed on a State until 12 months after
West Virginia State Legislature and as a State gets official approval by HHS
new biological agents;
a Governor, I know that implementa- of its work verification plans. This al-
(3) translational research;
(4) information and education programs for tion of such mandates can take time. lows each State a year to come into
health care professionals and the public; Let me share the timeline that compliance. States are trying, but they
(5) priorities among the programs and ac- States face in coping with the new do not yet know what officially counts
tivities of the various Federal agencies in- rules on welfare reform, or Temporary as work so they should not face any
volved in psoriasis and psoriatic arthritis Assistance to Needy Families, TANF. penalties until after the rules are clear.
and psoriasis and psoriatic arthritis related Most of the pending legislation on
co-morbidities; and
Welfare reform is not supposed to be
TANF, including President Bushs plan about penalties and pushing families
(6) challenges and opportunities for sci-
had a multiyear phase in proposals for off the caseload. Welfare reform is sup-
entists, clinicians, patients, and voluntary
organizations. tougher work requirements. posed to be about promoting responsi-
(c) REPORT TO CONGRESS.Not later than But the legislation that passed was a bility and self-sufficiency. States, and
180 days after the first day of the summit stark change with no time for States the families, on the program deserve to
convened under this section, the Secretary to develop new policy and no time for know with certainty what it takes to
shall submit to Congress and make publicly State legislature to react to new pol-
available a report that includes a description
play by the rules.
icy. Additionally States could be pe-
of
nalized for their policy even before By Mr. ROCKEFELLER:
(1) the proceedings at the summit; and
(2) the research, treatment, education, and they get guidance from officials at the S. 1462. A bill to amend part E of title
quality-of-life activities conducted or sup- Department of Health and Human IV of the Social Security Act to pro-
ported by the Federal Government with re- Services, HHS, that their work mote the adoption of children with spe-
spect to psoriasis and psoriatic arthritis, in- verification plan is approved. This is cial needs; to the Committee on Fi-
cluding psoriasis and psoriatic arthritis re- just not fair. nance.
lated co-morbidities. Here is the history. In October of Mr. ROCKEFELLER. Mr. President, I
(d) AUTHORIZATION OF APPROPRIATIONS.To 2005, the House Workforce Committee rise today to introduce the Adoption
carry out this section, there are authorized
such sums as may be necessary for each of
passed legislation to phase-in higher Equality Act of 2007. This legislation is
fiscal years 2008 through 2010. work standards. an issue of fairness. It clearly states
SEC. 7. STUDY AND REPORT BY THE INSTITUTE In November of 2005, the Senate ap- that every special needs child who
OF MEDICINE. proved a budget reconciliation bill needs adoption assistance in order to
(a) IN GENERAL.The Secretary shall enter without new work requirements. Later gain a safe, permanent home deserves
into an agreement with the Institute of Med- that month, the House approved a rec- it.
icine to conduct a study on the following: onciliation bill that phased-in higher Throughout my career in the Senate,
(1) The extent to which public and private
work requirements. I have sought to strengthen and im-
insurers cover prescription medications and
other treatments for psoriasis and psoriatic On December 19, 2005, the conference prove policies for the most vulnerable
arthritis. agreement on the Deficit Reduction children, children who are at-risk of
(2) The payment structures, such as Act imposed tougher work standard abuse and neglect in their own homes.
deductibles and co-payments, and the that will take effect on October 1, 2007. While foster care is able to provide for
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amounts and duration of coverage under States will also face penalties if they the basic needs of these children, we
health plans and their adequacy to cover the do not meet new, unpublished work must ultimately be able to provide
costs of providing ongoing care to patients verification requirements. them with a safe permanent home.
with psoriasis and psoriatic arthritis.
The President signed the bill into law Congress demonstrated their dedica-
(3) Health plan and insurer coverage poli-
cies and practices and their impact on the in February 2006. tion to this when they passed the 1997
access of such patients to the best regimen The Department of Health and Adoption and Safe Families Act, which
and most appropriate care for their par- Human Services did not issue regula- led to the number of nationwide adop-
ticular disease state. tions to define work activities and out- tions nearly doubling. But even with

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6557
these significant gains we cannot for- Service Fellowship Program Act. This volunteer on a schedule that works for
get over 100,000 children in foster care important bill would provide more them, a month up to a year. My bill
are waiting for adoption. In West Vir- Americans the opportunity to volun- provides a commonsense approach to
ginia, there are 94 children waiting for teer overseas and strengthen our exist- the time limitations of the average
adoption. For some of these children, ing Federal international education American.
described as having special needs, and exchange system. I believe the U.S. Not only does this bill open the door
placement in a safe permanent home is government needs to be taking a great- for any U.S. citizen to apply for fellow-
especially difficult. Special needs chil- er leadership role in providing opportu- ship consideration, it calls on Congress
dren face increased obstacles in adop- nities for U.S. citizens to volunteer to be part of the decision-making proc-
tion due to factors such as their age, overseas and my bill will enhance U.S. ess. The Global Service Fellowship
disability, or status as part of a group efforts to be a global leader in people- Program integrates members of Con-
of siblings needing to be placed to- to-people engagement. gress by calling on them to nominate
gether. People-to-people engagement is one volunteer applicants to the Depart-
In an effort to offer additional sup- of the United States most effective ment of State for consideration.
port to those in foster care who have public diplomacy tools and, today more Through this process, Congress will see
the most difficulty finding a safe and than ever, we need to be investing in firsthand the benefit international vol-
permanent home, adoption subsidies every opportunity to improve the per- unteering brings to their communities
are provided to encourage the adoption ception of the U.S. overseas. Bad policy and the nation.
of special needs children. These sub- decisions by this administration have My bill would cost $150 million,
sidy payments provide essential in- led to an alarming increase in negative which is more than offset by a provi-
come support to help families finance opinions of the United States and we sion that would require the IRS to de-
the daily basic costs of raising these have not done enough to reverse this posit all of its fee receipts in the Treas-
children, as well as support for special trend. ury as miscellaneous receipts. CBO has
services like therapy, tutoring, or spe- Studies have shown that, in areas estimated that this offset will save $559
cial equipment for disabled children. where U.S. citizens have volunteered million over 5 years for net deficit re-
Yet, the current law does not make their time, money, and services, opin- duction of approximately $409 million.
these Federal subsidies available to all ions of the United States have im- I am pleased that my colleagues,
families adopting special needs chil- proved. A 2006 Terror Free Tomorrow Senators COLEMAN, VOINOVICH, CASEY,
dren. Under this law, only a fraction of poll found that, In Indonesia, almost MENENDEZ, and LAUTENBERG have
the children waiting to be adopted two years after the tsunami, American joined me in introducing this bill. This
would qualify for support. Federal sub- aid to tsunami victims continues to be program would be a valuable addition
sidies are only given to families who the single biggest factor resulting in to our public diplomacy and humani-
adopt special needs children whose bio- favorable opinion towards the United tarian efforts overseas and I encourage
logical family would have qualified for States. Almost 60 percent of Indo- my colleagues to support the bill.
welfare benefits. This is, simply, nesians surveyed nationwide in August
wrong. A childs eligibility for these 2006 said that American assistance By Mr. BIDEN:
important benefits should not be de- made them favorable to the United S. 1467. A bill to establish an Early
pendent on the income of his or her bi- States. This number has remained solid Federal Pell Grant Commitment Dem-
ological parents, these are the parents following tsunami relief, despite a onstration Program; to the Committee
whose legal rights to the child have growing number of Indonesians who op- on Health, Education, Labor, and Pen-
been terminated, the parents who have pose American-led efforts to fight ter- sions.
abused or neglected the child. rorism. Mr. BIDEN. Mr. President, I rise
It is time to create a Federal policy Greater investment in volunteer op- today to introduce the Early Federal
that levels the playing field and gives Pell Grant Commitment Demonstra-
portunities has significant potential to
all children with special needs an equal tion Program Act of 2007.
improve the image of the U.S. overseas
and fair chance at being adopted. The This legislation addresses some of
and while we have important programs
Adoption Equality Act of 2007 will do the disparities in our current system
already in place, the Peace Corps and
this by removing the requirement that with an innovative way to clear the
programs administered through the De-
an income eligibility determination be hurdles that lack of information and
partment of States Bureau of Edu-
made in regard to the childs biological high costs often form to prevent low-
cation and Cultural Affairs, we can and
parents, thereby making all children income students from planning for a
should be doing more.
who meet the definition of special college education. A recent report by
My bill would not only provide more
needs eligible for Federal adoption the Urban-Brookings Tax Policy Cen-
opportunities for people-to-people en-
subsidies. The bill would also give ter concluded that grant programs
gagement, but it reduces barriers that
States an incentive to make additional that are well targeted and have more
the average citizen faces when trying
improvements to their welfare systems predictable and larger awards tend to
to volunteer internationally. First of
by requiring that States reinvest the
all, my bill would reduce financial bar- have larger impacts on college-going
moneys they save as a result of this
riers by awarding fellowship awards de- rates. This bill, I am pleased to say,
bill back into their State child abuse
signed to defray some of the costs asso- establishes such a program.
and neglect programs.
ciated with volunteering. The fellow- Right now, students do not find out if
The lack of modest financial re-
ship awards can be applied towards air- they are eligible for Federal aid until
sources to support these adoptions is
often the only barrier that stands be- fare, housing, or program costs, to their senior year, much less how much
tween an abused child and a safe, lov- name a few examples. By providing fi- they will receive. If you have ever put
ing home. This bill is a wise invest- nancial assistance, the Global Service kids through college, like I have, you
ment if we want to truly help our most Fellowship program opens the door for know that this time frame doesnt
vulnerable children find a permanent every American to be a participant, allow much leeway for planning ahead.
home. not just those with the resources to An earlier promise of Federal aid will
pay for it. begin the conversation about college
By Mr. FEINGOLD (for himself, Secondly, my bill reduces volun- early and continue it through high
Mr. COLEMAN, Mr. CASEY, Mr. teering barriers by offering flexibility school. That way, students and their
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VOINOVICH, Mr. MENENDEZ, Mr. in the length of the volunteer oppor- families can visualize college in their
LAUTENBERG, and Mr. COCHRAN): tunity. I often hear from constituents future, and this goal can sustain them
S. 1464. A bill to establish a Global that they do not seek opportunities to through the moment they open their
Service Fellowship Program, and for participate in Federal volunteer pro- letter of acceptance. This promise can
other purposes; to the Committee on grams because they cannot leave their be especially important in changing
Foreign Relations. jobs or family for years at a time. The the expectations of low-income stu-
Mr. FEINGOLD. Mr. President, today Global Service Fellowship Programs dents whose future plans often dont
I am pleased to introduce the Global offers volunteers the opportunity to include college.

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S6558 CONGRESSIONAL RECORD SENATE May 23, 2007
My bill would provide funding for a which students in 8th grade who are eligible project and a copy of the plan described in
demonstration in four states, each of for a free or reduced price meal receive a subsection (f)(2);
which would work with two cohorts of commitment to receive a Federal Pell Grant (B) a description of the student popu-
early in their academic careers. lation that will receive an early commit-
up to 10,000 eighth grade students; one
(B) EQUAL AMOUNTS.The Secretary shall ment to receive a Federal Pell Grant under
in school year 20072008, and one in award grants under this section in equal this section;
school year 20082009. By using the amounts to each of the 4 participating State (C) an assurance that the State edu-
same eligibility criteria as the Na- educational agencies. cational agency will fully cooperate with the
tional School Lunch Program, students (b) DEMONSTRATION PROJECT REQUIRE- ongoing evaluation of the demonstration
would be identified based on need in MENTS.Each of the 4 demonstration project; and
the eighth grade. Eligible students projects assisted under this section shall (D) such other information as the Sec-
would qualify for the Automatic Zero meet the following requirements: retary may require.
Expected Family Contribution on the (1) PARTICIPANTS. (d) SELECTION CONSIDERATIONS.
(A) IN GENERAL.The State educational (1) SELECTION OF STATE EDUCATIONAL
Free Application for Federal Student
agency shall make participation in the dem- AGENCIES.In selecting State educational
Aid, FAFSA, guaranteeing them a onstration project available to 2 cohorts of agencies to participate in the demonstration
maximum Pell Grant. Local edu- students, which shall consist of program, the Secretary shall consider
cational agencies with a National (i) 1 cohort of 8th grade students who (A) the number and quality of State edu-
School Lunch Program participation begin the participation in academic year cational agency applications received;
rate above 50 percent would be eligible 20072008; and (B) the Departments capacity to oversee
for the program. (ii) 1 cohort of 8th grade students who and monitor each State educational agencys
The Early Federal Pell Grant Com- begin the participation in academic year participation in the demonstration program;
mitment Demonstration Program 20082009. (C) a State educational agencys
(B) STUDENTS IN EACH COHORT.Each co- (i) financial responsibility;
would also provide funding for states, hort of students shall consist of not more (ii) administrative capability;
in conjunction with the participating than 10,000 8th grade students who qualify (iii) commitment to focusing State re-
local educational agencies, to conduct for a free or reduced price meal under the sources, in addition to any resources pro-
targeted information campaigns begin- Richard B. Russell National School Lunch vided under part A of title I of the Elemen-
ning in the eighth grade and con- Act or the Child Nutrition Act of 1966. tary and Secondary Education Act of 1965, on
tinuing through students senior year. (2) STUDENT DATA.The State educational students who receive assistance under such
These campaigns would inform stu- agency shall ensure that student data from part A;
dents and their families of the program local educational agencies serving students (iv) the ability and plans of a State edu-
who participate in the demonstration cational agency to run an effective and thor-
and provide information about the cost project, as well as student data from local ough targeted information campaign for stu-
of a college education, State and Fed- educational agencies serving a comparable dents served by local educational agencies
eral financial assistance, and the aver- group of students who do not participate in eligible to participate in the demonstration
age amount of aid awards. A targeted the demonstration project, are available for project; and
information campaign, along with a evaluation of the demonstration project. (v) ensuring the participation in the dem-
guarantee of a maximum Pell grant, (3) FEDERAL PELL GRANT COMMITMENT. onstration program of a diverse group of stu-
would allow families and students to Each student who participates in the dem- dents with respect to ethnicity and gender.
plan ahead for college and develop an onstration project receives a commitment (2) LOCAL EDUCATIONAL AGENCY.In se-
from the Secretary to receive a Federal Pell lecting local educational agencies to partici-
expectation that the future includes Grant during the first academic year that pate in a demonstration project under this
higher education. student is in attendance at an institution of section, the State educational agency shall
I ask unanimous consent that the higher education as an undergraduate, if the consider
text of the bill be printed in the student applies for Federal financial aid (via (A) the number and quality of local edu-
RECORD. the FAFSA) during the students senior year cational agency applications received;
There being no objection, the text of of secondary school and during succeeding (B) the State educational agencys capac-
the bill was ordered to be printed in years. ity to oversee and monitor each local edu-
the RECORD, as follows: (4) APPLICABILITY OF FEDERAL PELL GRANT cational agencys participation in the dem-
S. 1467 REQUIREMENTS.The requirements of section onstration project;
401 shall apply to Federal Pell Grants award- (C) a local educational agencys
Be it enacted by the Senate and House of Rep-
ed pursuant to this section, except that the (i) financial responsibility;
resentatives of the United States of America in
amount of each participating students Fed- (ii) administrative capability;
Congress assembled,
eral Pell Grant only shall be calculated by (iii) commitment to focusing local re-
SECTION 1. EARLY FEDERAL PELL GRANT COM-
MITMENT DEMONSTRATION PRO-
deeming such student to have an expected sources, in addition to any resources pro-
GRAM. family contribution equal to zero. vided under part A of title I of the Elemen-
Subpart 1 of part A of title IV of the High- (5) APPLICATION PROCESS.The Secretary tary and Secondary Education Act of 1965, on
er Education Act of 1965 (20 U.S.C. 1070a et shall establish an application process to se- students who receive assistance under such
seq.) is amended by adding at the end the fol- lect State educational agencies to partici- part A;
lowing: pate in the demonstration program and (iv) the ability and plans of a local edu-
SEC. 401B. EARLY FEDERAL PELL GRANT COM- State educational agencies shall establish an cational agency to run an effective and thor-
MITMENT DEMONSTRATION PRO- application process to select local edu- ough targeted information campaign for stu-
GRAM. cational agencies within the State to par- dents served by the local educational agency;
(a) DEMONSTRATION PROGRAM AUTHOR- ticipate in the demonstration project. and
ITY. (6) LOCAL EDUCATIONAL AGENCY PARTICIPA- (v) ensuring the participation in the dem-
(1) IN GENERAL.The Secretary is author- TION.Subject to the 10,000 statewide stu- onstration project of a diverse group of stu-
ized to carry out an Early Federal Pell Grant dent limitation described in paragraph (1), a dents with respect to ethnicity and gender.
Commitment Demonstration Program under local educational agency serving students, (e) EVALUATION.
which not less than 50 percent of whom are eligible (1) IN GENERAL.From amounts appro-
(A) the Secretary awards grants to 4 for a free or reduced price meal under the priated under section (g) for a fiscal year,
State educational agencies, in accordance Richard B. Russell National School Lunch the Secretary shall reserve not more than
with paragraph (2), to pay the administrative Act or the Child Nutritional Act of 1966, $1,000,000 to award a grant or contract to an
expenses incurred in participating in the shall be eligible to participate in the dem- organization outside the Department for an
demonstration program under this section; onstration project. independent evaluation of the impact of the
and (c) STATE EDUCATIONAL AGENCY APPLICA- demonstration program assisted under this
(B) the Secretary awards Federal Pell TIONS. section.
Grants to participating students in accord- (1) IN GENERAL.Each State educational (2) COMPETITIVE BASIS.The grant or con-
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ance with this section. agency desiring to participate in the dem- tract shall be awarded on a competitive
(2) GRANTS. onstration program under this section shall basis.
(A) IN GENERAL.From amounts appro- submit an application to the Secretary at (3) MATTERS EVALUATED.The evaluation
priated under subsection (g) for a fiscal year, such time and in such manner as the Sec- described in this subsection shall
the Secretary is authorized to award grants retary may require. (A) determine the number of individuals
to 4 State educational agencies to enable the (2) CONTENTS.Each application shall in- who were encouraged by the demonstration
State educational agencies to pay the ad- clude program to pursue higher education;
ministrative expenses incurred in partici- (A) a description of the proposed targeted (B) identify the barriers to the effective-
pating in a demonstration program under information campaign for the demonstration ness of the demonstration program;

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6559
(C) assess the cost-effectiveness of the horts of students annually for the duration I am deeply concerned that burial
demonstration program in improving access of the students participation in the dem- benefits for the families of our wound-
to higher education; onstration program. The 2 cohorts shall con- ed or disabled veterans have not kept
(D) identify the reasons why participants sist of
in the demonstration program either re- (A) 1 cohort of 8th grade students who
up with inflation and rising funeral
ceived or did not receive a Federal Pell begin the participation in academic year costs. We are losing over 1,000 World
Grant; 20072008; and War II veterans each day, but Congress
(E) identify intermediate outcomes (rel- (B) 1 cohort of 8th grade students who has failed to increase veterans burial
ative to postsecondary education attend- begin the participation in academic year benefits to keep up with rising costs
ance), such as whether participants 20082009. and inflation. While these benefits
(i) were more likely to take a college-prep (4) RESERVATION.Each State educational were never intended to cover the full
curriculum while in secondary school; agency receiving a grant under this section
(ii) submitted any college applications; shall reserve $200,000 of the grant funds re-
costs of burial, they now pay for only a
and ceived each fiscal year for each of the 2 co- fraction of what they covered in 1973,
(iii) took the PSAT, SAT, or ACT; horts of students (for a total reservation of when the federal government first
(F) identify the number of individuals $400,000 each fiscal year) served by the State started paying burial benefits for our
participating in the demonstration program to carry out their targeted information cam- veterans.
who pursued an associates degree or a bach- paign described in this subsection. I want to thank my colleagues on the
elors degree, as well as other forms of post- (g) AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to
Veterans Affairs Committee for work-
secondary education;
(G) compare the findings of the dem- carry out this section ing with me in the 107 Congress. To-
onstration program with respect to partici- (1) $1,300,000 for fiscal year 2008, of gether, we were able to increase mod-
pants to comparison groups (of similar size which estly the service-connected benefit
and demographics) that did not participate (A) $500,000 shall be available to carry out from $1,500 to $2,000, and the plot allow-
in the demonstration program; and subsection (e); and ance from $150 to $300. While I believe
(H) identify the impact on the parents of (B) $800,000 shall be available to carry out these increases are a step in the right
students eligible to participate in the dem- subsection (f)(2)(C);
direction, they are not a substitute for
onstration program. (2) $1,600,000 for fiscal year 2009, of which
(4) DISSEMINATION.The findings of the $1,600,000 shall be available to carry out sub- the amounts included in my bill.
evaluation shall be widely disseminated to section (f)(2)(C); That is why I am again introducing
the public by the organization conducting (3) $1,600,000 for fiscal year 2010, of which the Veterans Burial Benefits Improve-
the evaluation as well as by the Secretary. $1,600,000 shall be available to carry out sub- ment Act. This bill will increase burial
(f) TARGETED INFORMATION CAMPAIGN. section (f)(2)(C); benefits to cover the same percentage
(1) IN GENERAL.Each State educational (4) $2,100,000 for fiscal year 2011, of of funeral costs as they did in 1973. It
agency receiving a grant under this section which
shall, in cooperation with the participating
will also provide for these benefits to
(A) $500,000 shall be available to carry out
local educational agencies within the State subsection (e); and
be increased annually to keep up with
and the Secretary, develop a targeted infor- (B) $1,600,000 shall be available to carry inflation.
mation campaign for the demonstration pro- out subsection (f)(2)(C); In 1973, the service-connected benefit
gram assisted under this section. (5) $1,600,000 for fiscal year 2012, of which paid for 72 percent of veterans funeral
(2) PLAN.Each State educational agency $1,600,000 shall be available to carry out sub- costs. Today, this benefit covers just 39
receiving a grant under this section shall in- section (f)(2)(C); percent of funeral costs. My bill will
clude in the application submitted under (6) $14,600,000 for fiscal year 2013, of
subsection (c) a written plan for their pro- increase the service-connected benefit
which
posed targeted information campaign. The from $2,000 to $4,100, bringing it back
(A) $800,000 shall be available to carry out
plan shall include the following: subsection (f)(2)(C); and up to the original 72 percent level.
(A) OUTREACH.Outreach to students and (B) $13,800,000 shall be available for Fed- In 1973, the nonservice connected
their families, at a minimum, at the begin- eral Pell Grants provided in accordance with benefit paid for 22 percent of funeral
ning and end of each academic year of the this section; and costs. It has not been increased since
demonstration project. (7) $13,800,000 for fiscal year 2014, of which
(B) DISTRIBUTION.How the State edu-
1978, and today it covers just 6 percent
$13,800,000 shall be available for Federal Pell of funeral costs. My bill will increase
cational agency plans to provide the out- Grants provided in accordance with this sec-
reach described in subparagraph (A) and to the nonservice connected benefit from
tion..
provide the information described in sub- $300 to $1,270, bringing it back up to the
paragraph (C). By Ms. MIKULSKI: original 22 percent level.
(C) INFORMATION.The annual provision S. 1468. A bill to amend title 38, In 1973, the plot allowance paid for 13
by the State educational agency to all stu- United States Code, to increase burial percent of veterans funeral costs. Yet
dents and families participating in the dem-
benefits for veterans, and for other pur- it now covers just 6 percent of funeral
onstration program of information regard-
ing poses; to the Committee on Veterans costs. My bill will increase the plot al-
(i) the estimated statewide average high- Affairs. lowance from $300 to $745, bringing it
er education institution cost data for each Ms. MIKULSKI. Mr. President, I rise back up to the original 13 percent level.
academic year, which cost data shall be to introduce the Veterans Burial Bene- Finally, the Veterans Burial Benefits
disaggregated by fits Improvement Act. Improvement Act will also ensure that
(I) type of institution, including We must honor our U.S. soldiers who these burial benefits are adjusted for
(aa) 2-year public colleges; died in the name of their country. inflation annually, so veterans wont
(bb) 4-year public colleges; and These service men and women are
(cc) 4-year private colleges;
have to fight this fight again.
Americas true heroes and on this day This legislation is just one way to
(II) by component, including we pay tribute to their courage and
(aa) tuition and fees; and honor our Nations service men and
sacrifice. Some have given their lives
(bb) room and board; women. I want to thank the millions of
(ii) Federal Pell Grants, including for our country. All have given their
veterans, Marylanders, and people
(I) the maximum Federal Pell Grant for time and dedication to ensure our
across the Nation for their patriotism,
each academic year; country remains the land of the free
and the home of the brave. We owe a devotion, and commitment to honoring
(II) when and how to apply for a Federal
special debt of gratitude to each and the true meaning of Memorial Day.
Pell Grant; and
(III) what the application process for a every one of them. U.S. soldiers from every generation
Federal Pell Grant requires; Our Nation has a sacred commitment have shared in the duty of defending
(iii) State-specific college savings pro- to honor the promises made to soldiers America and protecting our freedom.
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grams; when they signed up to serve our coun- For these sacrifices, America is eter-
(iv) State-based merit aid; try. As a member of the Senate Appro- nally grateful.
(v) State-based financial aid; and I ask unanimous consent that the
priations Committee, I fight hard each
(vi) Federal financial aid available to stu- text of the bill be printed in the
dents, including eligibility criteria for the year to make sure promises made to
Federal financial aid and an explanation of our service men and women are prom- RECORD.
the Federal financial aid programs. ises kept. These promises include ac- There being no objection, the text of
(3) COHORTS.The information described cess to quality, affordable health care the bill was ordered to be printed in
in paragraph (2)(C) shall be provided to 2 co- and a proper burial for our veterans. the RECORD, as follows:

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S6560 CONGRESSIONAL RECORD SENATE May 23, 2007
S. 1468 this prison. Our closest allies have all were not captured on any battlefield,
Be it enacted by the Senate and House of Rep- urged that Guantanamo be closed, as let alone on the battlefield in Afghan-
resentatives of the United States of America in have many leaders from across the po- istan, as the President once asserted.
Congress assembled, litical spectrum in the United States. Fewer than 20 percent of the detainees
SECTION 1. SHORT TITLE. Last June, after three detainees com- have ever been al-Qaida members.
This Act may be cited as the Veterans mitted suicide in a single day, Presi- Many scores, and perhaps hundreds, of
Burial Benefits Improvement Act of 2007. dent Bush acknowledged that the pris- the detainees were not even Taliban
SEC. 2. INCREASE IN BURIAL AND FUNERAL BEN-
EFITS FOR VETERANS.
on has damaged Americas reputation foot soldiers, let alone al-Qaida mem-
(a) INCREASE IN BURIAL AND FUNERAL EX- abroad. The President said: bers. The majority were not captured
PENSES AND PROVISION FOR ANNUAL COST-OF- No question, Guantanamo sends a signal to by U.S. forces but, rather, handed over
LIVING ADJUSTMENT. some of our friendsprovides an excuse, for by reward-seeking Pakistanis, Afghan
(1) EXPENSES GENERALLY.Section 2302(a) example, to say that the United States is not warlords, and by villagers of highly du-
of title 38, United States Code, is amended by upholding the values that theyre trying to bious reliability. For example, one of
striking $300 and inserting $1,270 (as in- encourage other countries to adhere to.
the detainees is a man who was con-
creased from time to time under section 2309 The President said: scripted by the Taliban to work as an
of this title). Id like to close Guantanamo.
(2) EXPENSES FOR DEATHS IN DEPARTMENT
assistant cook. The U.S. Governments
More recently, Secretary of Defense evidence against this detainee con-
FACILITIES.Section 2303(a)(1)(A) of such
title is amended by striking $300 and in- Gates and Secretary of State Rice have sists in its entirety of the following:
serting $1,270 (as increased from time to urged that the prison be shut down. On One, the detainee admits he was a
time under section 2309 of this title). March 23, the Washington Post, citing cooks assistant for Taliban forces in
(3) EXPENSES FOR DEATHS FROM SERVICE- senior administration officials, re- Narim, Afghanistan, under the com-
CONNECTED DISABILITIES.Section 2307 of ported Secretary Gates had repeat- mand of Haji Mullah Baki.
such title is amended by striking $2,000, edly argued that the detention facility Two, the detainee fled from Narim to
and inserting $4,100 (as increased from time at Guantanamo Bay, Cuba, had become Kabul during the Northern Alliance at-
to time under section 2309 of this title),.
(b) PLOT ALLOWANCE.Section 2303(b) of
so tainted abroad that legal pro- tack and surrendered to the Northern
such title is amended ceedings at Guantanamo would be Alliance.
(1) by striking $300 the first place it ap- viewed as illegitimate. According to This person is still sitting in Guanta-
pears and inserting $745 (as increased from the Post, Secretary Gates told Presi- namo.
time to time under section 2309 of this dent Bush and others that it should be The situation at Guantanamo, I must
title); and shut down as quickly as possible. add, reminds me of an earlier episode
(2) by striking $300 the second place it Make no mistake, current detainees in this Senators life. In July of 1970, I
appears and inserting $745 (as so in- at Guantanamo include a number of ex- was a staff assistant to a House com-
creased). mittee in the House of Representatives.
tremely dangerous terrorists with the
(c) ANNUAL ADJUSTMENT.
(1) IN GENERAL.Chapter 23 of such title is determination and the abilityif they I was working with a congressional del-
amended by adding at the end the following are given the opportunityto inflict egation on a factfinding trip to Viet-
new section: grave harm on the United States and nam. I brought back photographs of
2309. Annual adjustment of amounts of its citizens. Among the detainees are 14 the so-called tiger cages at Con Son Is-
burial benefits senior leaders of al-Qaida, including land, off the coast of Vietnam, where
With respect to any fiscal year, the Sec- Khalid Sheikh Mohammed, who has Viet Cong and some North Vietnamese
retary shall provide a percentage increase confessed to being one of the master- prisoners, as well as civilian opponents
(rounded to the nearest dollar) in the burial minds of the September 11 attacks, of the war, were all being held to-
and funeral expenses under sections 2302(a), plus others. We must, and we can, hold gether, held incommunicado, tortured
2303(a), and 2307 of this title, and in the plot these enemy combatants in maximum and killed, with the full knowledge,
allowance under section 2303(b) of this title, security confinement elsewhere. support, and sanction of the United
equal to the percentage by which
But the critics are right. The 5-year- States Government. We had heard re-
(1) the Consumer Price Index (all items,
United States city average) for the 12-month old prison at Guantanamo is a stain on ports about the possible existence of
period ending on the June 30 preceding the the honor of this country. By holding these tiger cages. But our State De-
beginning of the fiscal year for which the in- people at Guantanamo without charge, partment vehemently denied their ex-
crease is made, exceeds without judicial review, without appro- istence. They dismissed all of these
(2) the Consumer Price Index for the 12- priate legal counsel, andin the past claims as communist propaganda.
month period preceding the 12-month period subjecting many of them to torture, we Well, I looked into this and believed
described in paragraph (1).. have forfeited the moral high ground the reports were credible. I was deter-
(2) CLERICAL AMENDMENT.The table of mined to investigate further to see if
and we stand as hypocrites in the eyes
sections at the beginning of such chapter is
of the world. they did exist. Thanks to the courage
amended by adding at the end the following
new item: Perhaps most seriously, from a prag- of Congressman William Anderson of
2309. Annual adjustment of amounts of bur-
matic standpoint, maintaining the Tennessee, Congressman Augustus
ial benefits.. prison at Guantanamo is simply coun- Hawkins of California, Don Luce, an
(d) EFFECTIVE DATE. terproductive. It has become a propa- American working for a nongovern-
(1) IN GENERAL.Except as provided in ganda bonanza and recruitment tool mental organization, and a brave,
paragraph (2), the amendments made by this for terrorists. It alienates our friends young Vietnamese man who risked his
section shall apply to deaths occurring on or and allies. It detracts from our ability life and his brothers life, who was still
after the date of the enactment of this Act. to regain the moral high ground, and held on Con Son in the tiger cages, who
(2) PROHIBITION ON COST-OF-LIVING ADJUST- rally the world against the terrorists drew us the maps and showed us how to
MENT FOR FISCAL YEAR 2008.No adjustments
shall be made under section 2309 of title 38,
who threaten us. find the tiger cages at these prisons
United States Code, as added by subsection The administration has repeatedly Nguyen Caoli was the young mans
(c), for fiscal year 2008. described detainees at Guantanamo as name. He risked it all by trusting us.
the worst of the worst or, as former Thanks to his maps and telling us how
By Mr. HARKIN: Secretary of Defense Rumsfeld once de- to find them, we were able to expose
S. 1469. A bill to require the closure scribed them, the most dangerous, the tiger cages on Con Son Island in
of the Department of Defense detention best-trained, vicious killers on the face July of 1970.
mmaher on DSKCGSP4G1 with SOCIALSECURITY

facility at Guantanamo Bay, Cuba, and of the earth. Unquestionably, some of Supporters of the war claimed the
for other purposes; to the Committee the detainees fit these descriptions. tiger cages were not all that bad. But
on Armed Services. However, an exhaustive study of Guan- then Life Magazine and other maga-
Mr. HARKIN. Mr. President, today I tanamo detainees conducted by the zines around the world published the
am offering legislation to close the nonpartisan, highly respected National pictures I had surreptitiously taken on
U.S. military presence at Guantanamo Journal last year came to the following Con Son, and the world saw the horrific
Bay, Cuba. There is remarkable agree- conclusions: A large percentage, per- conditions, as I said, with Vietnamese
ment on the need to find a way to close haps the majority, of the detainees guerrillas, as well as civilian opponents

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6561
of the war, all crowded together in U.S. detention base at Fort Leaven- (2) EXCEPTIONS.Amounts appropriated or
these cages, in clear violation of the worth, KS. This is a state-of-the-art otherwise made available for fiscal year 2007
Geneva Conventions, and in violation maximum-security facility just opened or fiscal year 2008 may be used for the fol-
lowing purposes related to the detention of
of the most fundamental principles of in 2002. It has adequate capacity to re-
foreign nationals who were detained at the
human rights. ceive these prisoners from Guanta- Guantanamo Bay detention facility on any
At the time, the United States Gov- namo. Under my bill, the remaining date between March 31, 2007 and the date of
ernment had been insisting the North prisoners, some 365 in number, would enactment:
Vietnamese abide by the Geneva Con- have their legal status resolved. In (A) Transfer to the United States Discipli-
ventions in their treatment of United each case, the administration will de- nary Barracks at Fort Leavenworth, Kansas,
States prisoners in North Vietnam. termine whether the prisoner planned for purposes of pretrial detention or deten-
Yet, here we were condoning, funding, or committed hostile acts against the tion during a trial or while serving a sen-
and even supervising the torture of Vi- United States. Those who did plan or tence, of any such person who, not later than
120 days after the date of the enactment of
etnamese prisoners and civilians, commit hostile acts would be charged
this Act, is charged with an offense under
whose only crime was protesting the and transferred to Fort Leavenworth. chapter 47A of title 10, United States Code,
war, all in clear violation of the Gene- Those who did not would be released to as added by section 3 of the Military Com-
va Conventions. the custody of their home country or, missions Act of 2006 (Public Law 109366), or
There are disturbing parallels be- where necessary, to a country where with a felony offense under title 18, United
tween what transpired on Con Son Is- they would not face torture. States Code, or chapter 47 of title 10, United
land nearly four decades ago and what There is a pending bill, S. 1249, to States Code (the Uniform Code of Military
happened at Guantanamo in recent close the prison at Guantanamo. How- Justice); or
ever, that bill gives the administration (B) Continued detention at the Guanta-
years. In both cases, prisons were delib-
too much leeway to maintain the sta- namo Bay detention facility for an addi-
erately set up on remote islands, clear- tional 120 day period, not to continue more
ly with the intention of limiting scru- tus quo in terms of the detainees legal than 240 days after the date of the enactment
tiny and restricting access. In both status. It allows an enemy combatant of this Act, upon written certification by the
cases, detainees were not classified as to be detained indefinitely without Secretary of Defense to the Chairmen and
prisoners of war, expressly to deny chargethat is what is getting us into Ranking Members of the Committees on
them the protections of the Geneva trouble in the first placeand it does Armed Services of the Senate and the House
Conventions. In both cases, detainees not require that the administration of Representatives that additional time is
abide by the Convention Against Tor- needed to complete the investigation and
were deprived of any right of due proc-
ture, nor does it give detainees a forum preparation of charges, including a detailed
ess, judicial review, or a fair trial. factual explanation of the specific reasons
They were simply held indefinitely in in which to lodge credible claims of
why the additional time is needed.
isolation, in limbo. In both cases, when torture or abuse. The bill I am intro- (C) Transfer of any such person to another
the mistreatment of detainees was ex- ducing does all of that. country, provided that
posed, the United States stood accused The United States has lost its way, (i) the transfer complies with the Conven-
of hypocrisy, of betraying its most sa- both in Iraq and at Guantanamo. We tion Relating to the Status of Refugees, done
cred values, and of violating inter- need to wage a smarter, more focused, at Geneva July 28, 1951, the United Nations
national law. and more effective fight against the Convention Against Torture and Other
terrorists who threaten us, and we Forms of Cruel, Inhuman or Degrading
So you can see why I have watched
must do so in ways that do not give Treatment or Punishment, done at New
what has transpired at Guantanamo, York December 10, 1984, and Federal law; and
and I have thought back to that epi- credence to their anti-American propa-
(ii) an individual being so transferred who
sode in my life when all of this came ganda and do not rally more recruits to
is asserting a well founded fear of torture,
out about the tiger cages and the inhu- their cause. To that end, we must close abuse, or persecution has an opportunity to
mane treatment of these several hun- the prison at Guantanamo as soon as have the claim heard by the Executive Office
dred prisoners who were there at the possible. The legislation I am offering for Immigration Review, subject to the same
time. There was a happy ending to that today will accomplish this. judicial review provided for in section
event. Because of the international This legislation has the enthusiastic 242(a)(4) of the Immigration and Nationality
endorsement of Human Rights Watch, Act (8 U.S.C. 1252(a)(4)).
outcry, the tiger cages were closed (c) IMMIGRATION STATUS.The transfer of
down, the prisoners were released, and Human Rights First, Amnesty Inter-
national, and the American Civil Lib- an individual under subsection (b)(2)(A) shall
people went back to their homes. not be considered an entry into the United
Many of them who were in the tiger erties Union. I urge my colleagues to
States for purposes of immigration status.
cages I met later on in life. One became support the bill. (d) AUTHORIZATION OF APPROPRIATIONS.
the mayor of Saigon, several became Mr. President, I ask unamimous con- There are authorized to be appropriated such
successful businesspeople, and others sent that the text of the bill be printed sums as may be necessary to carry out ac-
went on with their lives. But watching in the RECORD. tivities under this Act related to the inves-
There being no objection, the text tigation, prosecution, and defense of cases
what happened at Guantanamo and
was ordered to be printed in the and claims relating to foreign nationals who
seeing that many of these people were were detained at the Guantanamo Bay deten-
RECORD, as follows:
swept up in a war which some of tion facility on or after March 31, 2007, and
S. 1469
themmany of themwell, the Na- the transfer of such persons, including for
Be it enacted by the Senate and House of Rep-
tional Journal says a majority of them the reimbursement of costs incurred by local
resentatives of the United States of America in
were not even engaged. Congress assembled, communities.
So it is time to close it down. We SECTION 1. SHORT TITLE.
need to reverse the damage Guanta- This Act may be cited as the Guantanamo By Mr. NELSON of Florida (for
namo has done to Americas reputation Bay Detention Facility Closure Act of 2007. himself and Mr. DURBIN):
and to our ability to wage an effective SEC. 2. CLOSURE OF GUANTANAMO BAY DETEN- S. 1470. A bill to provide States with
fight against the terrorists who at- TION FACILITY AND DISPOSITION OF the resources needed to rid our schools
DETAINEES. of performance-enhancing drug use; to
tacked us on September 11, and the es-
(a) CLOSURE OF FACILITY.Not later than
sential first step must be to close the the Committee on Health, Education,
120 days after the date of the enactment of
prison at Guantanamo as expeditiously this Act, the President shall close the De- Labor, and Pensions.
as possible. The bill I am introducing partment of Defense detention facility at Mr. NELSON of Florida. Mr. Presi-
today offers a practical approach to ac- Guantanamo Bay Cuba. dent, I rise to introduce the Drug Free
mmaher on DSKCGSP4G1 with SOCIALSECURITY

complishing this within 120 days of en- (b) RESTRICTION ON USE OF FUNDS. Varsity Sports Act of 2007. This bill
actment of the law. (1) RESTRICTION.Except as provided in would provide States with the re-
As I said, there are known hardcore paragraph (2), no amounts appropriated or sources they need to rid our schools of
otherwise made available for fiscal year 2007
terrorists at Guantanamo, such as steroids and other performance-en-
or fiscal year 2008 may be used for the Guan-
Khalid Shaikh Mohammed, who must tanamo Bay detention facility or for deten- hancing drugs.
continue to be held in maximum-secu- tion at the Guantanamo Bay detention facil- I believe steroid use doesnt begin at
rity conditions. Under my bill, these ity of any foreign national who was detained the professional level. I am very con-
prisoners will be transferred to the at such facility on or after Marach 31, 2007. cerned about performance-enhancing

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S6562 CONGRESSIONAL RECORD SENATE May 23, 2007
drug use among young athletes, specifi- ing programs assisted by the Office of Safe for this section under paragraph (1) separate
cally high school athletes. Steroid use and Drug-Free Schools of the Department of from any funds available to the Secretary for
among high school students is on the Education by establishing, through the Of- other student drug-testing programs.
fice, a grant program that will allow State f
rise. It more than doubled among high
educational agencies to test secondary
school students from 1991 to 2003, ac- school students for performance-enhancing AMENDMENTS SUBMITTED AND
cording to the Centers for Disease Con- drug use. PROPOSED
trol and Prevention. Furthermore, a (b) PROGRAM AUTHORIZED.The Secretary
SA 1166. Mr. GRASSLEY (for himself, Mr.
study by the University of Michigan of Education, acting through the Assistant
DEMINT, and Mrs. DOLE) submitted an
shows that the percentage of 12 graders Deputy Secretary of the Office of Safe and
amendment intended to be proposed to
who said they had used steroids some Drug-Free Schools, shall award, on a com-
amendment SA 1150 proposed by Mr. REID
time in their lives rose from 1.9 percent petitive basis, grants to State educational
(for Mr. KENNEDY (for himself and Mr. SPEC-
in 1996 to 3.4 percent in 2004. This is un- agencies to enable the State educational
TER)) to the bill S. 1348, to provide for com-
agencies to develop and carry out statewide
acceptable and a health risk to our prehensive immigration reform and for other
pilot programs that test secondary school
children. students for performance-enhancing drug
purposes.
In 2004, the Polk County School Dis- SA 1167. Ms. CANTWELL (for herself, Mr.
use.
trict became the first in Florida to es- LEVIN, Mrs. MURRAY, Mr. CRAIG, Mr. CRAPO,
(c) APPLICATION.A State educational
tablish random testing for high school and Mr. BAUCUS) submitted an amendment
agency that desires to receive a grant under
intended to be proposed by her to the bill S.
athletes, and the Florida House passed this section shall submit an application to
1348, supra; which was ordered to lie on the
a bill that would have made Florida the Secretary of Education at such time, in
table.
the first State to require steroid test- such manner, and containing such informa-
SA 1168. Mrs. HUTCHISON (for herself, Mr.
ing for high school athletes. That bill tion as the Secretary may require.
BINGAMAN, Mr. DOMENICI, Mr. MCCAIN, Mr.
(d) PRIORITY.In awarding grants under
stalled in the Senate, but now Florida this section, the Secretary of Education KYL, Mrs. FEINSTEIN, and Mr. CORNYN) sub-
and other States are considering a mitted an amendment intended to be pro-
shall give priority to State educational
similar law. Currently, less than 4 per- posed to amendment SA 1150 proposed by Mr.
agencies that incorporate community orga-
cent of U.S. high schools test athletes REID (for Mr. KENNEDY (for himself and Mr.
nizations in carrying out the recovery, coun-
SPECTER)) to the bill S. 1348, supra.
for steroids, and no State requires high seling, and treatment programs described in
SA 1169. Mr. BINGAMAN (for himself, Mrs.
schools to test athletes. Schools and subsection (e)(1)(B).
(e) USE OF FUNDS. FEINSTEIN, Mr. OBAMA, Mr. DODD, and Mr.
States say that cost is usually the rea- DURBIN) proposed an amendment to amend-
(1) DRUG-TESTING PROGRAM FOR PERFORM-
son they dont test. ANCE-ENHANCING DRUGS.A State edu- ment SA 1150 proposed by Mr. REID (for Mr.
In response, I am introducing this cational agency that receives a grant under KENNEDY (for himself and Mr. SPECTER)) to
legislation to help States with the re- this section shall use not more than 90 per- the bill S. 1348, supra.
sources they need to curb the use of SA 1170. Mr. McCONNELL (for himself and
cent of the grant funds to carry out the fol-
steroids and other performance-en- Mr. BOND) submitted an amendment in-
lowing:
tended to be proposed by him to the bill S.
hancing drugs. My legislation would (A) Implement a drug-testing program for
1348, supra; which was ordered to lie on the
provide federal grants directly to performance-enhancing drugs that is limited
table.
States so that they can develop and to testing secondary school students who SA 1171. Mrs. HUTCHISON submitted an
implement performance-enhancing meet 1 or more of the following criteria: amendment intended to be proposed by her
drug testing programs. (i) The student participates in the schools to the bill S. 1348, supra; which was ordered
athletic program.
The Drug Free Varsity Sports Act of to lie on the table.
(ii) The student is engaged in a competi- SA 1172. Mr. GREGG (for himself, Mr.
2007 would authorize $20 million in tive, extracurricular, school-sponsored activ-
grants to States to create statewide DEMINT, Mr. CORNYN, and Mrs. DOLE) sub-
ity. mitted an amendment intended to be pro-
pilot drug testing programs for per- (iii) The student and the students parent posed to amendment SA 1150 proposed by Mr.
formance-enhancing drugs. States that or guardian provides written consent for the REID (for Mr. KENNEDY (for himself and Mr.
receive the grants would be required to student to participate in a voluntary random SPECTER)) to the bill S. 1348, supra.
incorporate recovery, counseling, and drug-testing program for performance-en- SA 1173. Mr. GRAHAM (for himself, Mr.
treatment programs for those students hancing drugs. CHAMBLISS, Mr. ISAKSON, Mr. MCCAIN, Mr.
who test positive for performance-en- (B) Provide recovery, counseling, and MARTINEZ, Mr. KYL, and Mr. MCCONNELL)
treatment programs for secondary school submitted an amendment intended to be pro-
hancing drugs.
students tested in the program who test posed to amendment SA 1150 proposed by Mr.
Stopping the use of performance-en-
positive for performance-enhancing drugs. REID (for Mr. KENNEDY (for himself and Mr.
hancing drugs goes beyond testing. (2) PREVENTION.A State educational SPECTER)) to the bill S. 1348, supra.
That is why my legislation also would agency that receives a grant under this sec- SA 1174. Mr. THUNE submitted an amend-
require States that receive grants to tion shall use not less than 10 percent of the ment intended to be proposed by him to the
allocate no less than 10 percent of the grant funds to establish statewide policies bill S. 1348, supra; which was ordered to lie
funding to establish statewide policies that discourage the use of performance-en- on the table.
to discourage steroid use, through edu- hancing drugs, through educational or other SA 1175. Mr. THUNE submitted an amend-
cational or other related means. related means. ment intended to be proposed by him to the
There is no simple solution to the (f) REPORT.For each year of the grant pe- bill S. 1348, supra; which was ordered to lie
riod, a State educational agency that re- on the table.
issue of steroids in sports. Congress can ceives a grant under this section shall pre- SA 1176. Mr. FEINGOLD (for himself, Mr.
do its part by enacting the Drug Free pare and submit an annual report to the As- LIEBERMAN, and Mr. INOUYE) submitted an
Varsity Sports Act of 2007. But the sistant Deputy Secretary of the Office of amendment intended to be proposed by him
sports leagues, their players, coaches, Safe and Drug-Free Schools on the impact of to the bill S. 1348, supra; which was ordered
and parents all must play an active the pilot program, which report shall in- to lie on the table.
role. clude SA 1177. Mr. BINGAMAN submitted an
Mr. President, I request unanimous (1) the number and percentage of students amendment intended to be proposed by him
consent that the text of the bill be who test positive for performance-enhancing to the bill S. 1348, supra; which was ordered
printed in the RECORD. drugs; to lie on the table.
There being no objection, the text of (2) the cost of the pilot program; and SA 1178. Mr. KERRY submitted an amend-
(3) a description of any barriers to the pilot ment intended to be proposed by him to the
the bill was ordered to be printed in bill S. 1348, supra; which was ordered to lie
program, as well as aspects of the pilot pro-
the RECORD, as follows: gram that were successful. on the table.
S. 1470 (g) DEFINITIONS.In this section, the terms SA 1179. Mr. LAUTENBERG (for himself,
Be it enacted by the Senate and House of Rep- State educational agency and secondary Mr. BROWNBACK, Mr. MENENDEZ, Mrs. CLIN-
mmaher on DSKCGSP4G1 with SOCIALSECURITY

resentatives of the United States of America in school have the meanings given the terms TON, Mr. DODD, Mr. FEINGOLD, Mr. LIEBER-
Congress assembled, in section 9101 of the Elementary and Sec- MAN, and Mr. SCHUMER) submitted an amend-
SECTION 1. SHORT TITLE. ondary Education Act of 1965 (20 U.S.C. 7801). ment intended to be proposed by him to the
This Act may be cited as the Drug Free (h) AUTHORIZATION OF APPROPRIATIONS. bill S. 1348, supra; which was ordered to lie
Varsity Sports Act of 2007. (1) IN GENERAL.There is authorized to be on the table.
SEC. 2. PILOT DRUG-TESTING PROGRAMS FOR appropriated to carry out this section SA 1180. Mr. HAGEL (for himself and Mr.
PERFORMANCE-ENHANCING DRUGS. $20,000,000 for fiscal year 2008. DURBIN) submitted an amendment intended
(a) PURPOSE.The purpose of this section (2) SEPARATION OF FUNDS.The Secretary to be proposed by him to the bill S. 1348,
is to supplement the other student drug-test- of Education shall keep any funds authorized supra; which was ordered to lie on the table.

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6563
SA 1181. Mr. DORGAN (for himself and by her to the bill S. 1348, to provide for tenced offenders, or time spent by prosecu-
Mrs. BOXER) submitted an amendment in- comprehensive immigration reform tors on judicial appeals.
tended to be proposed by him to the bill S. and for other purposes; which was or- (c) AUTHORIZATION OF APPROPRIATIONS.
1348, supra; which was ordered to lie on the There is authorized to be appropriated to
dered to lie on the table; as follows: carry out this section $28,000,000 for fiscal
table.
SA 1182. Mr. THOMAS submitted an At the appropriate place, insert the fol- year 2008 and such sums as may be necessary
lowing: for each succeeding fiscal year.
amendment intended to be proposed to
SEC. ll. NORTHERN BORDER PROSECUTION RE-
amendment SA 1150 proposed by Mr. REID IMBURSEMENT.
(for Mr. KENNEDY (for himself and Mr. SPEC- SA 1168. Mrs. HUTCHISON (for her-
(a) SHORT TITLE.This section may be
TER)) to the bill S. 1348, supra; which was or- self, Mr. BINGAMAN, Mr. DOMENICI, Mr.
cited as the Northern Border Prosecution
dered to lie on the table. Initiative Reimbursement Act. MCCAIN, Mr. KYL, Mrs. FEINSTEIN, and
SA 1183. Mrs. CLINTON (for herself, Mr. (b) NORTHERN BORDER PROSECUTION INITIA- Mr. CORNYN) submitted an amendment
HAGEL, and Mr. MENENDEZ) submitted an TIVE. intended to be proposed to amendment
amendment intended to be proposed by her (1) INITIATIVE REQUIRED.From amounts SA 1150 proposed by Mr. REID (for Mr.
to the bill S. 1348, supra; which was ordered made available to carry out this section, the
to lie on the table.
KENNEDY (for himself and Mr. SPEC-
Attorney General, acting through the Direc- TER)) to the bill S. 1348, to provide for
SA 1184. Mr. CORNYN (for himself, Mr. tor of the Bureau of Justice Assistance of
NELSON, of Nebraska, and Mr. DEMINT) pro- the Office of Justice Programs, shall carry
comprehensive immigration reform
posed an amendment to amendment SA 1150 out a program, to be known as the Northern and for other purposes; as follows:
proposed by Mr. REID (for Mr. KENNEDY (for Border Prosecution Initiative, to provide On page 6, line 11, strike the second period
himself and Mr. SPECTER)) to the bill S. 1348, funds to reimburse eligible northern border and insert the following: ;
supra. entities for costs incurred by those entities (C) in paragraph (2), as redesignated
SA 1185. Mr. OBAMA submitted an amend- for handling case dispositions of criminal (i) in the header, by striking SECURITY
ment intended to be proposed by him to the cases that are federally initiated but feder- FEATURES and inserting ADDITIONAL FENC-
bill S. 1348, supra; which was ordered to lie ally declined-referred. This program shall be ING ALONG SOUTHWEST BORDER; and
on the table. modeled after the Southwestern Border Pros- (ii) by striking subparagraphs (A) through
SA 1186. Mr. AKAKA (for himself, Mr. ecution Initiative and shall serve as a part- (C) and inserting the following:
REID, Mr. DURBIN, Mr. INOUYE, Mrs. BOXER, ner program to that initiative to reimburse (A) REINFORCED FENCING.In carrying out
Mrs. MURRAY, and Ms. CANTWELL) proposed local jurisdictions for processing Federal subsection (a), the Secretary of Homeland
an amendment to amendment SA 1150 pro- cases. Security shall construct reinforced fencing
posed by Mr. REID (for Mr. KENNEDY (for (2) PROVISION AND ALLOCATION OF FUNDS. along not less than 700 miles of the south-
himself and Mr. SPECTER)) to the bill S. 1348, Funds provided under the program shall be west border where fencing would be most
supra. provided in the form of direct reimburse- practical and effective and provide for the
SA 1187. Mr. ALLARD submitted an ments and shall be allocated in a manner installation of additional physical barriers,
amendment intended to be proposed by him consistent with the manner under which roads, lighting, cameras, and sensors to gain
to the bill S. 1348, supra; which was ordered funds are allocated under the Southwestern operational control of the southwest border.
to lie on the table. Border Prosecution Initiative. (B) PRIORITY AREAS.In carrying out this
SA 1188. Mr. ALLARD submitted an (3) USE OF FUNDS.Funds provided to an el- section, the Secretary of Homeland Security
amendment intended to be proposed by him igible northern border entity may be used by shall
to the bill S. 1348, supra; which was ordered the entity for any lawful purpose, including (i) identify the 370 miles along the south-
to lie on the table. the following purposes: west border where fencing would be most
SA 1189. Mr. ALLARD submitted an (A) Prosecution and related costs. practical and effective in deterring smug-
amendment intended to be proposed by him (B) Court costs. glers and aliens attempting to gain illegal
to the bill S. 1348, supra; which was ordered (C) Costs of courtroom technology. entry into the United States; and
to lie on the table. (D) Costs of constructing holding spaces. (ii) not later than December 31, 2008, com-
f (E) Costs of administrative staff. plete construction of reinforced fencing
(F) Costs of defense counsel for indigent along the 370 miles identified under clause
TEXT OF AMENDMENTS defendants. (i).
SA 1166. Mr. GRASSLEY (for him- (G) Detention costs, including pre-trial and (C) CONSULTATION.
post-trial detention. (i) IN GENERAL.In carrying out this sec-
self, Mr. DEMINT, and Mrs. DOLE) sub-
(4) DEFINITIONS.In this section: tion, the Secretary of Homeland Security
mitted an amendment intended to be shall consult with the Secretary of Interior,
(A) The term eligible northern border en-
proposed to amendment SA 1150 pro- tity means the Secretary of Agriculture, States, local
posed by Mr. REID (for Mr. KENNEDY (i) any of the following States: Alaska, governments, Indian tribes, and property
(for himself and Mr. SPECTER)) to the Idaho, Maine, Michigan, Minnesota, Mon- owners in the United States to minimize the
bill S. 1348, to provide for comprehen- tana, New Hampshire, New York, North Da- impact on the environment, culture, com-
sive immigration reform and for other kota, Ohio, Pennsylvania, Vermont, Wash- merce, and quality of life for the commu-
purposes; as follows: ington, and Wisconsin; or nities and residents located near the sites at
(ii) any unit of local government within a which such fencing is to be constructed.
At the appropriate place, insert the fol- (ii) SAVINGS PROVISION.Nothing in this
State referred to in claluse (i).
lowing: subparagraph may be construed to
(B) The term federally initiated means,
SEC. lll. JUDICIAL REVIEW OF VISA REVOCA- (I) create any right of action for a State,
with respect to a criminal case, that the case
TION.
results from a criminal investigation or an local government, or other person or entity
(a) IN GENERAL.Section 221(i) of the Im- arrest involving Federal law enforcement au- affected by this subsection; or
migration and Nationality Act (8 U.S.C. thorities for a potential violation of Federal (II) affect the eminent domain laws of the
1201(i)) is amended by striking There shall criminal law, including investigations re- United States or of any State.
be no means of judicial review and all that sulting from multi-jurisdictional task forces. (D) LIMITATION ON REQUIREMENTS.Not-
follows and inserting the following: Not- (C) The term federally declined-referred withstanding subparagraph (A), nothing in
withstanding any other provision of law, in- means, with respect to a criminal case, that this paragraph shall require the Secretary of
cluding section 2241 of title 28, United States a decision has been made in that case by a Homeland Security to install fencing, phys-
Code, any other habeas corpus provision, and United States Attorney or a Federal law en- ical barriers, roads, lighting, cameras, and
sections 1361 and 1651 of such title, a revoca- forcement agency during a Federal inves- sensors in a particular location along an
tion under this subsection may not be re- tigation to no longer pursue Federal crimi- international border of the United States, if
viewed by any court, and no court shall have nal charges against a defendant and to refer the Secretary determines that the use or
jurisdiction to hear any claim arising from, the investigation to a State or local jurisdic- placement of such resources is not the most
or any challenge to, such a revocation.. tion for possible prosecution. The term in- appropriate means to achieve and maintain
(b) EFFECTIVE DATE.The amendment cludes a decision made on an individualized operational control over the international
made by subsection (a) shall case-by-case basis as well as a decision made border at such location.; and
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(1) take effect on the date of the enactment pursuant to a general policy or practice or (D) in paragraph (5), as redesignated, by
of this Act; and pursuant to prosecutorial discretion. striking to carry out this subsection not to
(2) apply to all visas issued before, on, or (D) The term case disposition, for pur- exceed $12,000,000 and inserting such sums
after such date. poses of the Northern Border Prosecution as may be necessary to carry out this sub-
Initiative, refers to the time between a sus- section.
SA 1167. Ms. CANTWELL (for herself, pects arrest and the resolution of the crimi-
Mr. LEVIN, Mrs. MURRAY, Mr. CRAIG, nal charges through a county or State judi- SA 1169. Mr. BINGAMAN (for him-
Mr. CRAPO, and Mr. BAUCUS) submitted cial or prosecutorial process. Disposition self, Mrs. FEINSTEIN, Mr. OBAMA, Mr.
an amendment intended to be proposed does not include incarceration time for sen- DODD, and Mr. DURBIN) proposed an

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S6564 CONGRESSIONAL RECORD SENATE May 23, 2007
amendment to amendment SA 1150 pro- (c) USE OF FUNDS.A State receiving a retary of Homeland Security has established
posed by Mr. REID (for Mr. KENNEDY payment under this part shall use the pay- and demonstrated operational control of 100
(for himself and Mr. SPECTER)) to the ment only to provide free photo identifica- percent of the international land border be-
tion cards to registered voters who do not tween the United States and Mexico, includ-
bill S. 1348, to provide for comprehen- ing the ability to monitor such border
have an identification card that meets the
sive immigration reform and for other requirements of section 304. through available methods and technology.
purposes; as follows: (d) ALLOCATION OF FUNDS. (2) STAFF ENHANCEMENTS FOR BORDER PA-
Strike subparagraph (B) of the quoted mat- (1) IN GENERAL.The amount of the grant TROL.The United States Customs and Bor-
ter under section 409(1)(B) and insert the fol- made to a State under this part for a year der Protection Border Patrol has hired,
lowing: shall be equal to the product of trained, and reporting for duty 20,000 full-
(B) under section 101(a)(15)(Y)(i), may not (A) the total amount appropriated for time agents as of the date of the certifi-
exceed 200,000 for each fiscal year; or payments under this part for the year under cation under this subsection.
In paragraph (2) of the quoted matter section 298; and (3) STRONG BORDER BARRIERS.There has
under section 409(2), strike , (B)(ii),. (B) an amount equal to been
(i) the voting age population of the State (A) installed along the international land
SA 1170. Mr. MCCONNELL (for himself (as reported in the most recent decennial border between the United States and Mex-
and Mr. BOND) submitted an amend- census); divided by ico as of the date of the certification under
ment intended to be proposed by him (ii) the total voting age population of all this subsection, at least
to the bill S. 1348, to provide for com- eligible States which submit an application (i) 300 miles of vehicle barriers;
for payments under this part (as reported in (ii) 370 miles of fencing; and
prehensive immigration reform and for
the most recent decennial census). (iii) 105 ground-based radar and camera
other purposes; which was ordered to towers; and
SEC. 298. AUTHORIZATION OF APPROPRIATIONS.
lie on the table; as follows: (B) deployed for use along the along the
(a) IN GENERAL.In addition to any other
At the appropriate place, insert the fol- amounts authorized to be appropriated under international land border between the
lowing: this subtitle, there are authorized to be ap- United States and Mexico, as of the date of
SEC. lll. IDENTIFICATION REQUIREMENT. propriated such sums as are necessary for the certification under this subsection, 4 un-
(a) NEW REQUIREMENT FOR INDIVIDUALS the purpose of making payments under sec- manned aerial vehicles, and the supporting
VOTING IN PERSON. tion 297. systems for such vehicles.
(1) IN GENERAL.Title III of the Help Amer- (b) AVAILABILITY.Any amounts appro- (4) CATCH AND RETURN.The Secretary of
ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) priated pursuant to the authority of this sec- Homeland Security is detaining all remov-
is amended by redesignating sections 304 and tion shall remain available until expended.. able aliens apprehended crossing the inter-
305 as sections 305 and 306, respectively, and (2) CONFORMING AMENDMENT.The table of national land border between the United
by inserting after section 303 the following contents of the Help America Vote Act of States and Mexico in violation of Federal or
new section: 2002 is amended by inserting after the item State law, except as specifically mandated
SEC. 304. IDENTIFICATION OF VOTERS AT THE relating to section 296 the following: by Federal or State law or humanitarian cir-
POLLS. cumstances, and United States Immigration
PART 7PHOTO IDENTIFICATION and Customs Enforcement has the resources
(a) IN GENERAL.Notwithstanding the re-
quirements of section 303(b), each State shall Sec. 297. Payments for free photo identi- to maintain this practice, including the re-
require individuals casting ballots in an elec- fication. sources necessary to detain up to 31,500
Sec. 298. Authorization of appropriations.. aliens per day on an annual basis.
tion for Federal office in person to present a
current valid photo identification issued by a (5) WORKPLACE ENFORCEMENT TOOLS.In
SA 1171. Mrs. HUTCHISON submitted compliance with the requirements of title III
governmental entity before voting.
(b) EFFECTIVE DATE.Each State shall be an amendment intended to be proposed of this Act, the Secretary of Homeland Secu-
required to comply with the requirements of by her to the bill S. 1348, to provide for rity has established, and is using, secure and
subsection (a) on and after January 1, 2008.. comprehensive immigration reform effective identification tools to prevent un-
(2) CONFORMING AMENDMENTS. and for other purposes; which was or- authorized workers from obtaining employ-
(A) Section 401 of the Help America Vote dered to lie on the table; as follows: ment in the United States. Such identifica-
Act of 2002 (42 U.S.C. 15511) is amended by tion tools shall include establishing
On page 1, line 26, insert of which not less
striking and 303 and inserting 303, and (A) strict standards for identification docu-
than 17,500 shall be trained and deployed to
304. ments that are required to be presented by
protect the borders of the United States
(B) The table of contents of the Help Amer- the alien to an employer in the hiring proc-
after agents.
ica Vote Act of 2002 is amended by redesig- ess, including the use of secure documenta-
nating the items relating to sections 304 and SA 1172. Mr. GREGG (for himself, Mr. tion that
305 as relating to items 305 and 306, respec- (i) contains
DEMINT, Mr. CORNYN, and Mrs. DOLE) (I) a photograph of the alien; and
tively, and by inserting after the item relat-
ing to section 303 the following new item:
submitted an amendment intended to (II) biometric data identifying the alien; or
be proposed to amendment SA 1150 pro- (ii) complies with the requirements for
Sec. 304. Identification of voters at the
polls.. posed by Mr. REID (for Mr. KENNEDY such documentation under the REAL ID Act
(b) FUNDING FOR FREE PHOTO IDENTIFICA-
(for himself and Mr. SPECTER)) to the (Public Law 109-13; 119 Stat. 231); and
bill S. 1348, to provide for comprehen- (B) an electronic employment eligibility
TIONS.
sive immigration reform and for other verification system that is capable of
(1) IN GENERAL.Subtitle D of title II of
purposes; as follows: querying Federal and State databases in
the Help America Vote Act of 2002 (42 U.S.C.
order to restrict fraud, identity theft, and
15401 et seq.) is amended by adding at the end Strike section 1 and insert the following: use of false social security numbers in the
the following: SECTION 1. EFFECTIVE DATE TRIGGERS. hiring of aliens by an employer by electroni-
PART 7PHOTO IDENTIFICATION (a) IN GENERAL.With the exception of the cally providing a digitized version of the
SEC. 297. PAYMENTS FOR FREE PHOTO IDENTI- probationary benefits conferred by section photograph on the aliens original Federal or
FICATION. 601(h) of this Act, the provisions of subtitle State issued document or documents for
(a) IN GENERAL.In addition to any other C of title IV, and the admission of aliens verification of that aliens identity and work
payments made under this subtitle, the Com- under section 101(a)(15)(H)(ii) of the Immi- eligibility.
mission shall make payments to States to gration and Nationality Act (8 U.S.C. (6) PROCESSING APPLICATIONS OF ALIENS.
promote the issuance to registered voters of 1101(a)(15)(H)(ii)), as amended by title IV, the The Secretary of Homeland Security has re-
free photo identifications for purposes of programs established by title IV, and the ceived, and is processing and adjudicating in
meeting the identification requirements of programs established by title VI that grant a timely manner, applications for Z non-
section 304. legal status to any individual or that adjust immigrant status under title VI of this Act,
(b) ELIGIBILITY.A State is eligible to re- the current status of any individual who is including conducting all necessary back-
ceive a grant under this part if it submits to unlawfully present in the United States to ground and security checks required under
the Commission (at such time and in such that of an alien lawfully admitted for perma- that title.
form as the Commission may require) an ap- nent residence, shall become effective on the
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(b) SENSE OF CONGRESS.It is the sense of


plication containing date that the Secretary submits a written Congress that the border security and other
(1) a statement that the State intends to certification to the President and the Con- measures described in subsection (a) shall be
comply with the requirements of section 304; gress, based on analysis by and in consulta- completed as soon as practicable, subject to
and tion with the Comptroller General, that each the necessary appropriations.
(2) a description of how the State intends of the following border security and other (c) PRESIDENTIAL PROGRESS REPORT.
to use the payment under this part to pro- measures are established, funded, and oper- (1) IN GENERAL.Not later than 90 days
vide registered voters with free photo identi- ational: after the date of enactment of this Act, and
fications which meet the requirements of (1) OPERATIONAL CONTROL OF THE INTER- every 90 days thereafter until the require-
such section. NATIONAL BORDER WITH MEXICO.The Sec- ments under subsection (a) are met, the

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6565
President shall submit a report to Congress cross the border to, or is at any time found The detrimental effects are still being expe-
detailing the progress made in funding, in the United States, shall be fined under rienced.
meeting, or otherwise satisfying each of the title 18, United States Code, and imprisoned (6) Prior to and during World War II, the
requirements described under paragraphs (1) not less than 2 years and not more than 10 United States restricted the entry of Jewish
through (6) of subsection (a), including de- years.. refugees who were fleeing persecution or
tailing any contractual agreements reached genocide and sought safety in the United
to carry out such measures. SA 1174. Mr. THUNE submitted an States. During the 1930s and 1940s, the
(2) PROGRESS NOT SUFFICIENT.If the Presi- amendment intended to be proposed by quota system, immigration regulations, visa
dent determines that sufficient progress is him to the bill S. 1348, to provide for requirements, and the time required to proc-
not being made, the President shall include comprehensive immigration reform ess visa applications affected the number of
in the report required under paragraph (1) Jewish refugees, particularly those from
and for other purposes; which was or-
specific funding recommendations, author- Germany and Austria, who could gain admit-
ization needed, or other actions that are or dered to lie on the table; as follows: tance to the United States.
should be undertaken by the Secretary of In section 1(a), strike the probationary (7) The United States Government should
Homeland Security. benefits conferred by Section 601(h), the pro- conduct an independent review to fully as-
(d) GAO REPORT.Not later than 30 days visions of Subtitle C of title IV, and insert sess and acknowledge these actions. Con-
after the certification is submitted under the provisions of subtitle C of title IV. gress has previously reviewed the United
subsection (a), the Comptroller General shall At the end of section 1, add the following: States Governments wartime treatment of
submit a report to Congress on the accuracy (d) No probationary benefit established Japanese Americans through the Commis-
of such certification. under title VI shall be issued to an alien sion on Wartime Relocation and Internment
until this section is implemented. of Civilians. An independent review of the
SA 1173. Mr. GRAHAM (for himself, treatment of German Americans and Italian
Mr. CHAMBLISS, Mr. ISAKSON, Mr. SA 1175. Mr. THUNE submitted an Americans and of Jewish refugees fleeing
MCCAIN, Mr. MARTINEZ, Mr. KYL, and amendment intended to be proposed by persecution and genocide has not yet been
Mr. MCCONNELL) submitted an amend- him to the bill S. 1348, to provide for undertaken.
ment intended to be proposed to comprehensive immigration reform (8) Time is of the essence for the establish-
and for other purposes; which was or- ment of commissions, because of the increas-
amendment SA 1150 proposed by Mr. ing danger of destruction and loss of relevant
REID (for Mr. KENNEDY (for himself and dered to lie on the table; as follows:
documents, the advanced age of potential
Mr. SPECTER)) to the bill S. 1348, to On page 2, lines 6 and 7, strike the proba-
witnesses and, most importantly, the ad-
provide for comprehensive immigration tionary benefits conferred by Section
vanced age of those affected by the United
601(h),
reform and for other purposes; as fol- States Governments policies. Many who suf-
lows: fered have already passed away and will
SA 1176. Mr. FEINGOLD (for himself,
Strike subsections (a) through (c) of sec- never know of this effort.
Mr. LIEBERMAN, and Mr. INOUYE) sub- SEC. ll03. DEFINITIONS.
tion 276 of the Immigration and Nationality mitted an amendment intended to be
Act, as amended by section 207 of this Act, In this title:
proposed by him to the bill S. 1348, to (1) DURING WORLD WAR II.The term dur-
and insert the following:
(a) REENTRY AFTER REMOVAL.Any alien provide for comprehensive immigration ing World War II refers to the period be-
who has been denied admission, excluded, de- reform and for other purposes; which tween September 1, 1939, through December
ported, or removed, or who has departed the was ordered to lie on the table; as fol- 31, 1948.
United States while an order of exclusion, lows: (2) EUROPEAN AMERICANS.
deportation, or removal is outstanding, and (A) IN GENERAL.The term European
At the appropriate place, insert the fol-
subsequently enters, attempts to enter, Americans refers to United States citizens
lowing:
crosses the border to, attempts to cross the and resident aliens of European ancestry, in-
TITLE llSTUDY OF WARTIME cluding Italian Americans, German Ameri-
border to, or is at any time found in the
TREATMENT OF CERTAIN PEOPLE cans, Hungarian Americans, Romanian
United States, shall be fined under title 18,
United States Code, and imprisoned not less SEC. ll01. SHORT TITLE. Americans, and Bulgarian Americans.
than 60 days and not more than 2 years. This title may be cited as the Wartime (B) ITALIAN AMERICANS.The term Italian
(b) REENTRY OF CRIMINAL OFFENDERS. Treatment Study Act. Americans refers to United States citizens
Notwithstanding the penalty provided in SEC. ll02. FINDINGS. and resident aliens of Italian ancestry.
subsection (a), if an alien described in that Congress makes the following findings: (C) GERMAN AMERICANS.The term Ger-
subsection (1) During World War II, the United States man Americans refers to United States citi-
(1) was convicted for 3 or more mis- Government deemed as enemy aliens more zens and resident aliens of German ancestry.
demeanors or a felony before such removal than 600,000 Italian-born and 300,000 German- (3) EUROPEAN LATIN AMERICANS.The term
or departure, the alien shall be fined under born United States resident aliens and their European Latin Americans refers to per-
title 18, United States Code, and imprisoned families and required them to carry Certifi- sons of European ancestry, including Italian
not less than 1 year and not more than 10 cates of Identification and limited their or German ancestry, residing in a Latin
years; travel and personal property rights. At that American nation during World War II.
(2) was convicted for a felony before such time, these groups were the 2 largest foreign- (4) LATIN AMERICAN NATION.The term
removal or departure for which the alien was born groups in the United States. Latin American nation refers to any na-
sentenced to a term of imprisonment of not (2) During World War II, the United States tion in Central America, South America, or
less than 30 months, the alien shall be fined Government arrested, interned, or otherwise the Carribean.
under such title, and imprisoned not less detained thousands of European Americans, Subtitle ACommission on Wartime
than 2 years and not more than 15 years; some remaining in custody for years after Treatment of European Americans
(3) was convicted for a felony before such cessation of World War II hostilities, and re- SEC. ll011. ESTABLISHMENT OF COMMISSION
removal or departure for which the alien was patriated, exchanged, or deported European ON WARTIME TREATMENT OF EURO-
sentenced to a term of imprisonment of not Americans, including American-born chil- PEAN AMERICANS.
less than 60 months, the alien shall be fined dren, to European Axis nations, many to be (a) IN GENERAL.There is established the
under such title, and imprisoned not less exchanged for Americans held in those na- Commission on Wartime Treatment of Euro-
than 4 years and not more than 20 years; tions. pean Americans (referred to in this subtitle
(4) was convicted for 3 felonies before (3) Pursuant to a policy coordinated by the as the European American Commission).
such removal or departure, the alien shall be United States with Latin American nations, (b) MEMBERSHIP.The European American
fined under such title, and imprisoned not many European Latin Americans, including Commission shall be composed of 7 members,
less than 4 years and not more than 20 years; German and Austrian Jews, were arrested, who shall be appointed not later than 90 days
or brought to the United States, and interned. after the date of enactment of this Act as
(5) was convicted, before such removal or Many were later expatriated, repatriated, or follows:
departure, for murder, rape, kidnaping, or a deported to European Axis nations during (1) Three members shall be appointed by
felony offense described in chapter 77 (relat- World War II, many to be exchanged for the President.
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ing to peonage and slavery) or 113B (relating Americans and Latin Americans held in (2) Two members shall be appointed by the
to terrorism) of such title, the alien shall be those nations. Speaker of the House of Representatives, in
fined under such title, and imprisoned not (4) Millions of European Americans served consultation with the minority leader.
less than 5 years and not more than 20 years. in the armed forces and thousands sacrificed (3) Two members shall be appointed by the
(c) REENTRY AFTER REPEATED REMOVAL. their lives in defense of the United States. majority leader of the Senate, in consulta-
Any alien who has been denied admission, (5) The wartime policies of the United tion with the minority leader.
excluded, deported, or removed 3 or more States Government were devastating to the (c) TERMS.The term of office for members
times and thereafter enters, attempts to Italian American and German American shall be for the life of the European Amer-
enter, crosses the border to, attempts to communities, individuals, and their families. ican Commission. A vacancy in the European

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S6566 CONGRESSIONAL RECORD SENATE May 23, 2007
American Commission shall not affect its the immediate and long-term effect of such mitted by law, including information col-
powers, and shall be filled in the same man- actions, particularly internment, on the lected under the Commission on Wartime
ner in which the original appointment was lives of those affected. This review shall in- and Internment of Civilians Act (Public Law
made. clude a list of 96317; 50 U.S.C. App. 1981 note) and the War-
(d) REPRESENTATION.The European Amer- (A) all temporary detention and long-term time Violation of Italian Americans Civil
ican Commission shall include 2 members internment facilities in the United States Liberties Act (Public Law 106451; 50 U.S.C.
representing the interests of Italian Ameri- and Latin American nations that were used App. 1981 note). For purposes of section
cans and 2 members representing the inter- to detain or intern European Americans and 552a(b)(9) of title 5, United States Code (com-
ests of German Americans. European Latin Americans during World War monly known as the Privacy Act of 1974),
(e) MEETINGS.The President shall call the II (in this paragraph referred to as World the European American Commission shall be
first meeting of the European American War II detention facilities); deemed to be a committee of jurisdiction.
Commission not later than 120 days after the (B) the names of European Americans and SEC. ll014. ADMINISTRATIVE PROVISIONS.
date of enactment of this Act. European Latin Americans who died while in The European American Commission is au-
(f) QUORUM.Four members of the Euro- World War II detention facilities and where thorized to
pean American Commission shall constitute they were buried; (1) appoint and fix the compensation of
a quorum, but a lesser number may hold (C) the names of children of European such personnel as may be necessary, without
hearings. Americans and European Latin Americans regard to the provisions of title 5, United
(g) CHAIRMAN.The European American States Code, governing appointments in the
who were born in World War II detention fa-
Commission shall elect a Chairman and Vice competitive service, and without regard to
cilities and where they were born; and
Chairman from among its members. The the provisions of chapter 51 and subchapter
(D) the nations from which European Latin
term of office of each shall be for the life of III of chapter 53 of such title relating to clas-
Americans were brought to the United
the European American Commission. sification and General Schedule pay rates,
(h) COMPENSATION. States, the ships that transported them to
the United States and their departure and except that the compensation of any em-
(1) IN GENERAL.Members of the European ployee of the Commission may not exceed a
American Commission shall serve without disembarkation ports, the locations where
European Americans and European Latin rate equivalent to the rate payable under
pay. GS15 of the General Schedule under section
(2) REIMBURSEMENT OF EXPENSES.All Americans were exchanged for persons held
in European Axis nations, and the ships that 5332 of such title;
members of the European American Commis- (2) obtain the services of experts and con-
sion shall be reimbursed for reasonable trav- transported them to Europe and their depar-
ture and disembarkation ports. sultants in accordance with the provisions of
el and subsistence, and other reasonable and section 3109 of such title;
necessary expenses incurred by them in the (3) A brief review of the participation by
European Americans in the United States (3) obtain the detail of any Federal Govern-
performance of their duties. ment employee, and such detail shall be
Armed Forces including the participation of
SEC. ll012. DUTIES OF THE EUROPEAN AMER- without reimbursement or interruption or
ICAN COMMISSION. European Americans whose families were ex-
cluded, interned, repatriated, or exchanged. loss of civil service status or privilege;
(a) IN GENERAL.It shall be the duty of the (4) enter into agreements with the Admin-
European American Commission to review (4) A recommendation of appropriate rem-
edies, including how civil liberties can be istrator of General Services for procurement
the United States Governments wartime of necessary financial and administrative
treatment of European Americans and Euro- protected during war, or an actual, at-
tempted, or threatened invasion or incur- services, for which payment shall be made by
pean Latin Americans as provided in sub- reimbursement from funds of the Commis-
section (b). sion, an assessment of the continued viabil-
ity of the Alien Enemies Acts (50 U.S.C. 21 et sion in such amounts as may be agreed upon
(b) SCOPE OF REVIEW.The European by the Chairman of the Commission and the
American Commissions review shall include seq.), and public education programs related
to the United States Governments wartime Administrator;
the following: (5) procure supplies, services, and property
(1) A comprehensive review of the facts and treatment of European Americans and Euro-
pean Latin Americans during World War II. by contract in accordance with applicable
circumstances surrounding United States laws and regulations and to the extent or in
Government actions during World War II (c) FIELD HEARINGS.The European Amer-
ican Commission shall hold public hearings such amounts as are provided in appropria-
with respect to European Americans and Eu- tion Acts; and
ropean Latin Americans pursuant to the in such cities of the United States as it
deems appropriate. (6) enter into contracts with Federal or
Alien Enemies Acts (50 U.S.C. 21 et seq.), State agencies, private firms, institutions,
(d) REPORT.The European American Com-
Presidential Proclamations 2526, 2527, 2655, and agencies for the conduct of research or
mission shall submit a written report of its
2662, and 2685, Executive Orders 9066 and 9095, surveys, the preparation of reports, and
findings and recommendations to Congress
and any directive of the United States Gov- other activities necessary to the discharge of
not later than 18 months after the date of
ernment pursuant to such law, proclama- the duties of the Commission, to the extent
the first meeting called pursuant to section
tions, or executive orders respecting the reg-
ll011(e). or in such amounts as are provided in appro-
istration, arrest, exclusion, internment, ex- priation Acts.
SEC. ll013. POWERS OF THE EUROPEAN AMER-
change, or deportation of European Ameri- ICAN COMMISSION. SEC. ll015. FUNDING.
cans and European Latin Americans. This re- (a) IN GENERAL.The European American Of the amounts authorized to be appro-
view shall include an assessment of the un- Commission or, on the authorization of the priated to the Department of Justice,
derlying rationale of the United States Gov- Commission, any subcommittee or member $600,000 shall be available to carry out this
ernments decision to develop related pro- thereof, may, for the purpose of carrying out subtitle.
grams and policies, the information the the provisions of this subtitle, hold such SEC. ll016. SUNSET.
United States Government received or ac- hearings and sit and act at such times and The European American Commission shall
quired suggesting the related programs and places, and request the attendance and testi- terminate 60 days after it submits its report
policies were necessary, the perceived ben- mony of such witnesses and the production to Congress.
efit of enacting such programs and policies, of such books, records, correspondence, Subtitle BCommission on Wartime
and the immediate and long-term impact of memorandum, papers, and documents as the Treatment of Jewish Refugees
such programs and policies on European Commission or such subcommittee or mem- SEC. ll021. ESTABLISHMENT OF COMMISSION
Americans and European Latin Americans ber may deem advisable. The European ON WARTIME TREATMENT OF JEW-
and their communities. American Commission may request the At- ISH REFUGEES.
(2) A comprehensive review of United torney General to invoke the aid of an appro- (a) IN GENERAL.There is established the
States Government action during World War priate United States district court to re- Commission on Wartime Treatment of Jew-
II with respect to European Americans and quire, by subpoena or otherwise, such at- ish Refugees (referred to in this subtitle as
European Latin Americans pursuant to the tendance, testimony, or production. the Jewish Refugee Commission).
Alien Enemies Acts (50 U.S.C. 21 et seq.), (b) GOVERNMENT INFORMATION AND CO- (b) MEMBERSHIP.The Jewish Refugee
Presidential Proclamations 2526, 2527, 2655, OPERATION.The European American Com- Commission shall be composed of 7 members,
2662, and 2685, Executive Orders 9066 and 9095, mission may acquire directly from the head who shall be appointed not later than 90 days
and any directive of the United States Gov- of any department, agency, independent in- after the date of enactment of this Act as
ernment pursuant to such law, proclama- strumentality, or other authority of the ex- follows:
tions, or executive orders, including registra- ecutive branch of the Government, available (1) Three members shall be appointed by
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tion requirements, travel and property re- information that the European American the President.
strictions, establishment of restricted areas, Commission considers useful in the dis- (2) Two members shall be appointed by the
raids, arrests, internment, exclusion, poli- charge of its duties. All departments, agen- Speaker of the House of Representatives, in
cies relating to the families and property cies, and independent instrumentalities, or consultation with the minority leader.
that excludees and internees were forced to other authorities of the executive branch of (3) Two members shall be appointed by the
abandon, internee employment by American the Government shall cooperate with the Eu- majority leader of the Senate, in consulta-
companies (including a list of such compa- ropean American Commission and furnish all tion with the minority leader.
nies and the terms and type of employment), information requested by the European (c) TERMS.The term of office for members
exchange, repatriation, and deportation, and American Commission to the extent per- shall be for the life of the Jewish Refugee

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6567
Commission. A vacancy in the Jewish Ref- subpoena or otherwise, such attendance, tes- At the appropriate place, insert the fol-
ugee Commission shall not affect its powers, timony, or production. lowing:
and shall be filled in the same manner in (b) GOVERNMENT INFORMATION AND CO- SEC. lll. ELIGIBILITY OF AGRICULTURAL AND
which the original appointment was made. OPERATION.The Jewish Refugee Commis- FORESTRY WORKERS FOR CERTAIN
(d) REPRESENTATION.The Jewish Refugee sion may acquire directly from the head of LEGAL ASSISTANCE.
Commission shall include 2 members rep- any department, agency, independent instru- Section 305 of the Immigration Reform and
resenting the interests of Jewish refugees. mentality, or other authority of the execu- Control Act of 1986 (8 U.S.C. 1101 note; Public
(e) MEETINGS.The President shall call the tive branch of the Government, available in- Law 99603) is amended
first meeting of the Jewish Refugee Commis- formation that the Jewish Refugee Commis- (1) by striking section 101(a)(15)(H)(ii)(a)
sion not later than 120 days after the date of sion considers useful in the discharge of its of the Immigration and Nationality Act (8
enactment of this Act. duties. All departments, agencies, and inde- U.S.C. 1101(a)(15)(H)(ii)(a)) and inserting
(f) QUORUM.Four members of the Jewish pendent instrumentalities, or other authori- subparagraph (H)(ii)(a) or subparagraph (Y)
Refugee Commission shall constitute a ties of the executive branch of the Govern- of section 101(a)(15) of the Immigration and
quorum, but a lesser number may hold hear- ment shall cooperate with the Jewish Ref- Nationality Act (8 U.S.C. 1101(a)(15)); and
ings. ugee Commission and furnish all information (2) by inserting or forestry after agri-
requested by the Jewish Refugee Commission cultural.
(g) CHAIRMAN.The Jewish Refugee Com-
to the extent permitted by law, including in-
mission shall elect a Chairman and Vice
formation collected as a result of the Com- SA 1178. Mr. KERRY submitted an
Chairman from among its members. The
mission on Wartime and Internment of Civil- amendment intended to be proposed by
term of office of each shall be for the life of
ians Act (Public Law 96317; 50 U.S.C. App. him to the bill S. 1348, to provide for
the Jewish Refugee Commission. 1981 note) and the Wartime Violation of
(h) COMPENSATION. Italian Americans Civil Liberties Act (Public
comprehensive immigration reform
(1) IN GENERAL.Members of the Jewish Law 106451; 50 U.S.C. App. 1981 note). For and for other purposes; which was or-
Refugee Commission shall serve without pay. purposes of section 552a(b)(9) of title 5, dered to lie on the table; as follows:
(2) REIMBURSEMENT OF EXPENSES.All United States Code (commonly known as the At the appropriate place in title II, insert
members of the Jewish Refugee Commission Privacy Act of 1974), the Jewish Refugee the following:
shall be reimbursed for reasonable travel and Commission shall be deemed to be a com- SEC. 2ll. ARREST AND DETENTION OF ALIENS
subsistence, and other reasonable and nec- mittee of jurisdiction. UNLAWFULLY PRESENT.
essary expenses incurred by them in the per- SEC. ll024. ADMINISTRATIVE PROVISIONS. (a) ARREST PROCEDURES.Any immigra-
formance of their duties. The Jewish Refugee Commission is author- tion enforcement operation by the Depart-
SEC. ll022. DUTIES OF THE JEWISH REFUGEE ized to ment for alleged violations under the Immi-
COMMISSION. (1) appoint and fix the compensation of gration and Nationality Act (8 U.S.C. 1101 et
(a) IN GENERAL.It shall be the duty of the such personnel as may be necessary, without seq.), which is reasonably calculated to ap-
Jewish Refugee Commission to review the regard to the provisions of title 5, United prehend, or results in the apprehension of, at
United States Governments refusal to allow States Code, governing appointments in the least 50 aliens, shall be carried out according
Jewish and other refugees fleeing persecu- competitive service, and without regard to to the following procedures:
tion or genocide in Europe entry to the the provisions of chapter 51 and subchapter (1) STATE NOTIFICATION.The Department
United States as provided in subsection (b). III of chapter 53 of such title relating to clas- shall provide State officials with sufficient
(b) SCOPE OF REVIEW.The Jewish Refugee sification and General Schedule pay rates, advance notice of the enforcement operation
Commissions review shall cover the period except that the compensation of any em- to allow State law enforcement officials to
between January 1, 1933, through December ployee of the Commission may not exceed a notify the appropriate State social service
31, 1945, and shall include, to the greatest ex- rate equivalent to the rate payable under agencies (referred to in this section as
tent practicable, the following: GS15 of the General Schedule under section SSA) of
(1) A review of the United States Govern- 5332 of such title; (A) the specific area of the State that will
ments decision to deny Jewish and other (2) obtain the services of experts and con- be affected;
refugees fleeing persecution or genocide sultants in accordance with the provisions of (B) the languages spoken by employees at
entry to the United States, including a re- section 3109 of such title; the target worksite; and
view of the underlying rationale of the (3) obtain the detail of any Federal Govern- (C) any special needs of the employees.
United States Governments decision to ment employee, and such detail shall be (2) NGO NOTIFICATION.The Department
refuse the Jewish and other refugees entry, without reimbursement or interruption or and the applicable SSA shall determine how
the information the United States Govern- loss of civil service status or privilege; appropriate nongovernmental organizations
ment received or acquired suggesting such (4) enter into agreements with the Admin- will be notified on the day of the enforce-
refusal was necessary, the perceived benefit istrator of General Services for procurement ment action. At the discretion of the SSA,
of such refusal, and the impact of such re- of necessary financial and administrative representatives of the nongovernmental or-
fusal on the refugees. services, for which payment shall be made by ganization who speak the native language of
(2) A review of Federal refugee law and pol- reimbursement from funds of the Commis- the aliens detained in the enforcement ac-
icy relating to those fleeing persecution or sion in such amounts as may be agreed upon tion may be permitted to participate with
genocide, including recommendations for by the Chairman of the Commission and the SSA officials in interviewing such aliens.
making it easier in the future for victims of Administrator; (3) DETERMINATION OF RISK TO RELATIVES.
persecution or genocide to obtain refuge in (5) procure supplies, services, and property The Department shall provide the applicable
the United States. by contract in accordance with applicable SSA with unfettered and confidential access
(c) FIELD HEARINGS.The Jewish Refugee laws and regulations and to the extent or in to aliens detained in the enforcement action
Commission shall hold public hearings in such amounts as are provided in appropria- to assist in the screening and interviews of
such cities of the United States as it deems tion Acts; and aliens to determine whether the detainee,
appropriate. (6) enter into contracts with Federal or the detainees children, or other vulnerable
(d) REPORT.The Jewish Refugee Commis- State agencies, private firms, institutions, people, including elderly and disabled indi-
sion shall submit a written report of its find- and agencies for the conduct of research or viduals, have been placed at risk as a result
ings and recommendations to Congress not surveys, the preparation of reports, and of the detainees arrest.
later than 18 months after the date of the other activities necessary to the discharge of (4) MEDICAL SCREENING.After SSA offi-
first meeting called pursuant to section ll the duties of the Commission, to the extent cials have met with the alien detainees,
021(e). or in such amounts as are provided in appro- qualified medical personnel from the Divi-
SEC. ll023. POWERS OF THE JEWISH REFUGEE priation Acts. sion of Immigration Health Services of the
COMMISSION. SEC. ll025. FUNDING. Department of Health and Human Services
(a) IN GENERAL.The Jewish Refugee Com- Of the amounts authorized to be appro- shall
mission or, on the authorization of the Com- priated to the Department of Justice, (A) conduct medical screenings of the alien
mission, any subcommittee or member $600,000 shall be available to carry out this detainees; and
thereof, may, for the purpose of carrying out subtitle. (B) identify and report any medical issues
the provisions of this subtitle, hold such SEC. ll026. SUNSET. that might necessitate humanitarian release
hearings and sit and act at such times and The Jewish Refugee Commission shall ter- or additional care.
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places, and request the attendance and testi- minate 60 days after it submits its report to (5) CONSIDERATION OF RECOMMENDATIONS.
mony of such witnesses and the production Congress. The Department shall immediately consider
of such books, records, correspondence, recommendations made by the applicable
SA 1177. Mr. BINGAMAN submitted
memorandum, papers, and documents as the SSA and the Division of Immigration Health
Commission or such subcommittee or mem- an amendment intended to be proposed Services about alien detainees who should be
ber may deem advisable. The Jewish Refugee by him to the bill S. 1348, to provide for released on humanitarian grounds, including
Commission may request the Attorney Gen- comprehensive immigration reform alien detainees who
eral to invoke the aid of an appropriate and for other purposes; which was or- (A) have a medical condition that requires
United States district court to require, by dered to lie on the table; as follows: special attention;

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S6568 CONGRESSIONAL RECORD SENATE May 23, 2007
(B) are pregnant women; (4) the Committee on Homeland Security quired, as a condition of submitting or
(C) are nursing mothers; of the House of Representatives. granting such application, to file a separate
(D) are the sole caretakers of their minor (f) AUTHORIZATION OF APPROPRIATIONS. motion to reopen, reconsider, or vacate such
children or elderly relatives; There are authorized to be appropriated such order.
(E) function as the primary contact be- sums as are necessary to carry out this sec- (C) EFFECT OF DECISION.If the Secretary
tween the family and those outside the home tion. grants a request under subparagraph (A), the
due to language barriers; Secretary shall cancel the order. If the Sec-
(F) are needed to support their spouses in SA 1179. Mr. LAUTENBERG (for him- retary renders a final administrative deci-
caring for sick or special needs children; self, Mr. BROWNBACK, Mr. MENENDEZ, sion to deny the request, the order shall be
(G) have spouses who are ill or otherwise Mrs. CLINTON, Mr. DODD, Mr. FEINGOLD, effective and enforceable to the same extent
unable to be sole caretaker; or Mr. LIEBERMAN, and Mr. SCHUMER) sub- as if the application had not been made.
(H) are younger than 18 years of age. (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF
mitted an amendment intended to be STATUS.Subject to section ll5, the bene-
(6) PUBLICITY.The Department shall pro- proposed by him to the bill S. 1348, to
vide, and advertise in the mainstream and fits under subsection (a) shall apply to any
provide for comprehensive immigration alien who
foreign language media, a toll-free number
through which family members of alien de- reform and for other purposes; which (1) was lawfully present in the United
tainees may report such relationships to op- was ordered to lie on the table; as fol- States as a nonimmigrant alien under the
erators who speak English and the majority lows: immigration laws of the United States on
language of the target population of the en- At the end of Title VII, insert the fol- September 10, 2001;
forcement operation and will convey such in- lowing: (2) was, on such date, the spouse, child, de-
pendent son, or dependent daughter of an
formation to the Department and the appli- Subtitle lHumanitarian Relief
cable SSA. alien who
SEC. ll1. SHORT TITLE. (A) was lawfully present in the United
(b) DETENTION PROCEDURES. This subtitle may be cited as the Sep- States as a nonimmigrant under the immi-
(1) IN GENERAL.In order to maximize full tember 11 Family Humanitarian Relief and gration laws of the United States on such
and fair visitation by children, immediate Patriotism Act. date; and
family members, and counsel, an alien SEC. ll2. DEFINITIONS. (B) died as a direct result of a specified ter-
should be detained, to the extent space is (a) APPLICATION OF IMMIGRATION AND NA- rorist activity; and
available, in facilities within the physical ju- TIONALITY ACT PROVISIONS.Except as other- (3) was deemed to be a beneficiary of, and
risdiction or catchment area of the local wise specifically provided in this subtitle, by, the September 11th Victim Compensation
field office of United States Immigration and the definitions used in the Immigration and Fund of 2001 (49 U.S.C. 40101 note).
Customs Enforcement. Nationality Act (8 U.S.C. 1101 et seq.), other (c) STAY OF REMOVAL; WORK AUTHORIZA-
(2) RELEASE. than the definitions applicable exclusively to TION.
(A) IN GENERAL.Not later than 72 hours of title III of such Act, shall apply in the ad- (1) IN GENERAL.The Secretary shall estab-
an aliens apprehension, the alien shall be re- ministration of this subtitle. lish a process by which an alien subject to a
leased from Department custody, in accord- (b) SPECIFIED TERRORIST ACTIVITY.In this final order of removal may seek a stay of
ance with subparagraph (B), if the alien subtitle, the term specified terrorist activ- such order based on the filing of an applica-
(i) is not subject to mandatory detention ity means any terrorist activity conducted tion under subsection (a).
under section 235(1)(B)(iii)(IV), 236(c), or 236A against the Government or the people of the (2) DURING CERTAIN PROCEEDINGS.Not-
of the Immigration and Nationality Act (8 United States on September 11, 2001. withstanding any provision of the Immigra-
U.S.C. 1225(1)(B)(iii)(IV), 1226(c), and 1226a); SEC. ll3. ADJUSTMENT OF STATUS FOR CER- tion and Nationality Act (8 U.S.C. 1101 et
(ii) does not pose an immediate flight risk; TAIN VICTIMS OF TERRORISM. seq.), the Secretary may not order any alien
and (a) ADJUSTMENT OF STATUS. to be removed from the United States, if the
(iii) meets any of the criteria set forth in (1) IN GENERAL.The Secretary shall adjust alien is in removal proceedings under any
subsection (a)(5). the status of any alien described in sub- provision of such Act and has applied for ad-
(B) TYPE OF RELEASE.An alien shall be re- section (b) to that of an alien lawfully ad- justment of status under subsection (a), un-
leased under this paragraph mitted for permanent residence, if the less the Secretary has rendered a final ad-
(i) on the aliens own recognizance; alien ministrative determination to deny the ap-
(ii) by posting a minimum bond under sec- (A) applies for such adjustment not later plication.
tion 236(a) of the Immigration and Nation- than 2 years after the date on which the Sec- (3) WORK AUTHORIZATION.The Secretary
ality Act (8 U.S.C. 1226(a)); retary establishes procedures to implement shall authorize an alien who was deemed to
(iii) on parole in accordance with section this section; and be a beneficiary of, and by, the September
212(d)(5)(A) of such Act (8 U.S.C. (B) is otherwise admissible to the United 11th Victim Compensation Fund of 2001 (49
1182(d)(5)(A)); or States for permanent residence, except in de- U.S.C. 40101 note), and who has applied for
(iv) through the Intensive Supervision Ap- termining such admissibility the grounds for adjustment of status under subsection (a) to
pearance Program or another comparable al- inadmissibility specified in paragraphs (4), engage in employment in the United States
ternative to detention program. (5), (6)(A), (7)(A), and (9)(B) of section 212(a) during the pendency of such application.
(c) LEGAL ORIENTATION PRESENTATIONS. of the Immigration and Nationality Act (8 (d) AVAILABILITY OF ADMINISTRATIVE RE-
Any alien arrested in an immigration en- U.S.C. 1182(a)) shall not apply. VIEW.The Secretary shall provide to appli-
forcement operation that is reasonably cal- (2) RULES IN APPLYING CERTAIN PROVI- cants for adjustment of status under sub-
culated to apprehend, or results in the appre- SIONS. section (a) the same right to, and procedures
hension of, at least 50 aliens shall have ac- (A) IN GENERAL.In the case of an alien de- for, administrative review as are provided
cess to legal orientation presentations pro- scribed in subsection (b) who is applying for to
vided by independent, nongovernmental adjustment of status under this section (1) applicants for adjustment of status
agencies through the Legal Orientation Pro- (i) the provisions of section 241(a)(5) of the under section 245 of the Immigration and Na-
gram administered by the Executive Office Immigration and Nationality Act (8 U.S.C. tionality Act (8 U.S.C. 1255); or
for Immigration Review. 1231(a)(5)) shall not apply; and (2) aliens subject to removal proceedings
(d) REGULATIONS CONCERNING THE TREAT- (ii) the Secretary may grant the alien a under section 240 of such Act (8 U.S.C. 1229a).
MENT OF ALIENS IN A VULNERABLE POPU- SEC. ll4. CANCELLATION OF REMOVAL FOR
waiver on the grounds of inadmissibility
CERTAIN IMMIGRANT VICTIMS OF
LATION IN THE UNITED STATES.Not later under subparagraphs (A) and (C) of section TERRORISM.
than 6 months after the date of the enact- 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). (a) IN GENERAL.Subject to the provisions
ment of this Act, the Secretary shall pro- (B) STANDARDS.In granting waivers under of the Immigration and Nationality Act (8
mulgate regulations to implement this sec- subparagraph (A)(ii), the Secretary shall use U.S.C. 1101 et seq.) (other than subsections
tion, in accordance with the notice and com- standards used in granting consent under (b)(1), (d)(1), and (e) of section 240A of such
ment requirements under subchapter II of subparagraphs (A)(iii) and (C)(ii) of such sec- Act (8 U.S.C. 1229b)) and section ll5 of this
chapter 5 of title 5, United States Code (com- tion 212(a)(9). Act, the Secretary shall, under such section
monly referred to as the Administrative Pro- (3) RELATIONSHIP OF APPLICATION TO CER- 240A, cancel the removal of, and adjust to
cedure Act). TAIN ORDERS. the status of an alien lawfully admitted for
(e) REPORT TO CONGRESS.The Secretary (A) APPLICATION PERMITTED.An alien who
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permanent residence, an alien described in


shall submit an annual report that describes is present in the United States and has been subsection (b), if the alien applies for such
all the actions taken by the Department to ordered excluded, deported, removed, or or- relief.
implement this section to dered to depart voluntarily from the United (b) ALIENS ELIGIBLE FOR CANCELLATION OF
(1) the Committee on the Judiciary of the States under any provision of the Immigra- REMOVAL.The benefits provided by sub-
Senate; tion and Nationality Act (8 U.S.C. 1101 et section (a) shall apply to any alien who
(2) the Committee on the Judiciary of the seq.) may apply for adjustment of status (1) was, on September 10, 2001, the spouse,
House of Representatives; under paragraph (1). child, dependent son, or dependent daughter
(3) the Committee on Homeland Security (B) MOTION NOT REQUIRED.An alien de- of an alien who died as a direct result of a
and Governmental Affairs of the Senate; and scribed in subparagraph (A) may not be re- specified terrorist activity; and

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6569
(2) was deemed to be a beneficiary of, and sive immigration reform and for other (A) investigating and preventing the entry
by, the September 11th Victim Compensation purposes; which was ordered to lie on of terrorists, other unlawful aliens, instru-
Fund of 2001 (49 U.S.C. 40101 note). the table; as follows: ments of terrorism, narcotics, and other con-
(c) STAY OF REMOVAL; WORK AUTHORIZA- traband into the United States; and
In section 616, strike subsection (a) and in-
TION. (B) carrying out such other duties as the
sert the following:
(1) IN GENERAL.The Secretary shall estab- (a) RESTORATION OF STATE OPTION TO DE- Secretary determines to be necessary.
lish a process to provide for an alien subject TERMINE RESIDENCY FOR PURPOSES OF HIGHER (4) AUTHORIZATION OF APPROPRIATIONS.
to a final order of removal to seek a stay of EDUCATION BENEFITS. There are authorized to be appropriated to
such order based on the filing of an applica- (1) IN GENERAL.Section 505 of the Illegal carry out this subsection such sums as are
tion under subsection (a). Immigration Reform and Immigrant Respon- necessary for each of fiscal years 2008
(2) WORK AUTHORIZATION.The Secretary sibility Act of 1996 (8 U.S.C. 1623) is repealed. through 2013.
shall authorize an alien who was deemed to (2) EFFECTIVE DATE.The repeal under
be a beneficiary of, and by, the September paragraph (1) shall take effect as if included SA 1183. Mrs. CLINTON (for herself,
11th Victim Compensation Fund of 2001 (49 in the enactment of the Illegal Immigration Mr. HAGEL, and Mr. MENENDEZ) sub-
U.S.C. 40101 note), and who has applied for Reform and Immigrant Responsibility Act of
cancellation of removal under subsection (a)
mitted an amendment intended to be
1996 (division C of Public Law 104208; 110
to engage in employment in the United proposed by her to the bill S. 1348, to
Stat. 3009546).
States during the pendency of such applica- provide for comprehensive immigration
tion. SA 1181. Mr. DORGAN (for himself reform and for other purposes; which
(d) MOTIONS TO REOPEN REMOVAL PRO- and Mrs. BOXER) submitted an amend- was ordered to lie on the table; as fol-
CEEDINGS. ment intended to be proposed by him lows:
(1) IN GENERAL.Notwithstanding any lim- to the bill S. 1348, to provide for com- On page 238, line 13, strike 567,000 and in-
itation imposed by law on motions to reopen
prehensive immigration reform and for sert 480,000.
removal proceedings (except limitations pre- On page 238, line 19, strike 127,000 and in-
mised on an aliens conviction of an aggra-
other purposes; which was ordered to
lie on the table; as follows: sert 40,000.
vated felony (as defined in section 101(a)(43) On page 247, line 1, insert or the child or
of the Immigration and Nationality Act (8 At the end of section 401, add the fol-
lowing: spouse of an alien lawfully admitted for per-
U.S.C. 1101(a)(43))), any alien who has become manent residence after United States.
eligible for cancellation of removal as a re- (d) SUNSET OF Y1 VISA PROGRAM.
(1) SUNSET.Notwithstanding any other On page 247, line 5, insert or lawful per-
sult of the enactment of this section may file manent resident after citizen.
1 motion to reopen removal proceedings to provision of this Act, or any amendment
made by this Act, no alien may be issued a On page 247, line 6, insert or lawful per-
apply for such relief. manent resident after citizen.
(2) FILING PERIOD.The Secretary shall new visa as a Y1 nonimmigrant (as defined
in section 218B of the Immigration and Na- On page 247, line 6, insert or lawful per-
designate a specific time period in which all manent residents after citizens.
such motions to reopen are required to be tionality Act, as added by section 403) after
the date that is 5 years after the date that On page 247, line 7, insert or lawful per-
filed. The period shall begin not later than 60 manent resident after citizen.
days after the date of the enactment of this the first such visa is issued.
(2) CONSTRUCTION.Nothing in paragraph On page 247, line 8, insert or lawful per-
Act and shall extend for a period not to ex- manent residents after citizens.
(1) may be construed to affect issuance of
ceed 240 days. On page 247, line 9, insert or lawful per-
visas to Y2B nonimmigrants (as defined in
SEC. ll5. EXCEPTIONS. manent residents after citizens.
such section 218B), under the AgJOBS Act of
Notwithstanding any other provision of 2007, as added by subtitle C, or any visa pro- On page 247, line 15, insert or lawful per-
this subtitle, an alien may not be provided gram other than the Y1 visa program. manent residents after citizens.
relief under this subtitle if the alien is On page 247, line 24, insert or lawful per-
(1) inadmissible under paragraph (2) or (3) SA 1182. Mr. THOMAS submitted an manent resident after citizen.
of section 212(a) of the Immigration and Na- On page 248, strike lines 2 through 11.
amendment intended to be proposed to
tionality Act (8 U.S.C. 1182(a)), or deportable On page 248, line 13, strike the first (3)
under paragraph (2) or (4) of section 237(a) of amendment SA 1150 proposed by Mr. and insert (2).
such Act (8 U.S.C. 1227(a)), including any in- REID (for Mr. KENNEDY (for himself and On page 249, line 1, strike (4) and insert
dividual culpable for a specified terrorist ac- Mr. SPECTER)) to the bill S. 1348, to (3).
tivity; or provide for comprehensive immigration On page 250, between lines 42 and 43, insert
(2) a family member of an alien described reform and for other purposes; which the following:
in paragraph (1). was ordered to lie on the table; as fol- (5) RULES FOR DETERMINING WHETHER CER-
SEC. ll6. EVIDENCE OF DEATH. lows: TAIN ALIENS ARE IMMEDIATE RELATIVES.Sec-
For purposes of this subtitle, the Secretary At the end of section 101 of the amend- tion 201(f) of the Immigration and Nation-
shall use the standards established under ment, insert the following: ality Act (8 U.S.C. 1151(f)) is amended
section 426 of the Uniting and Strengthening (c) SHADOW WOLVES APPREHENSION AND (A) in paragraph (1)
America by Providing Appropriate Tools Re- TRACKING. (i) by striking paragraphs (2) and (3), and
quired to Intercept and Obstruct Terrorism (1) PURPOSE.The purpose of this sub- inserting paragraph (2),; and
(USA PATRIOT Act) Act of 2001 (115 Stat. section is to authorize the Secretary, acting (ii) by striking (b)(2)(A)(i) and inserting
362) in determining whether death occurred through the Assistant Secretary of Immigra- (b)(2);
as a direct result of a specified terrorist ac- tion and Customs Enforcement (referred to (B) by striking paragraph (2);
tivity. in this subsection as the Secretary), to es- (C) by redesignating paragraph (3) as para-
SEC. ll7. AUTHORITY OF THE ATTORNEY GEN- tablish new units of Customs Patrol Officers graph (2); and
ERAL. (commonly known as Shadow Wolves) dur- (D) in paragraph (2), as so redesignated, by
The requirements and authorities under ing the 5-year period beginning on the date striking (b)(2)(A) and inserting (b)(2).
this subtitle pertaining to the Secretary, of enactment of this Act. (6) NUMERICAL LIMITATION TO ANY SINGLE
other than the authority to grant work au- (2) ESTABLISHMENT OF NEW UNITS. FOREIGN STATE.Section 202 of the Immigra-
thorization, shall apply to the Attorney Gen- (A) IN GENERAL.During the 5-year period tion and Nationality Act (8 U.S.C. 1152) is
eral with respect to cases otherwise within beginning on the date of enactment of this amended
the jurisdiction of the Executive Office for Act, the Secretary is authorized to establish (A) by striking paragraph (4); and
Immigration Review. within United States Immigration and Cus- (B) by redesignating paragraph (5) as para-
toms Enforcement up to 5 additional units of graph (4).
SEC. ll8. PROCESS FOR IMPLEMENTATION.
Customs Patrol Officers in accordance with (7) ALLOCATION OF IMMIGRATION VISAS.
The Secretary and the Attorney General this subsection, as appropriate. Section 203(h) of the Immigration and Na-
(1) shall carry out this subtitle as expedi- (B) MEMBERSHIP.Each new unit estab- tionality Act (8 U.S.C. 1153(h)) is amended
tiously as possible; lished pursuant to subparagraph (A) shall (A) in paragraph (1)
(2) are not required to promulgate regula- consist of up to 15 Customs Patrol Officers. (i) in the matter preceding subparagraph
tions before implementing this subtitle; and (3) DUTIES.The additional Immigration (A), by striking subsections (a)(2)(A) and
mmaher on DSKCGSP4G1 with SOCIALSECURITY

(3) shall promulgate procedures to imple- and Customs Enforcement units established (d) and inserting subsection (d);
ment this subtitle not later than 180 days pursuant to paragraph (2)(A) shall operate on (ii) in subparagraph (A), by striking be-
after the date of the enactment of this sub- Indian reservations (as defined in section 3 of comes available for such alien (or, in the
title. the Indian Financing Act of 1974 (25 U.S.C. case of subsection (d), the date on which an
1452)) located on or near (as determined by immigrant visa number became available for
SA 1180. Mr. HAGEL (for himself and the Secretary) an international border with the aliens parent), and inserting became
Mr. DURBIN) submitted an amendment Canada or Mexico, and such other Federal available for the aliens parent,; and
intended to be proposed by him to the land as the Secretary determines to be ap- (iii) in subparagraph (B), by striking ap-
bill S. 1348, to provide for comprehen- propriate, by plicable;

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S6570 CONGRESSIONAL RECORD SENATE May 23, 2007
(B) in paragraph (2), by striking The peti- (B) by adding at the end the following new (L) CRIMES OF DOMESTIC VIOLENCE, STALK-
tion and all that follows through the period clauses: ING, OR VIOLATION OF PROTECTION ORDERS;
and inserting The petition described in this (iv) section 2250 of title 18, United States CRIMES AGAINST CHILDREN.
paragraph is a petition filed under section Code (relating to failure to register as a sex (i) DOMESTIC VIOLENCE, STALKING, AND
204 for classification of the alien parent offender); or CHILD ABUSE.Any alien who at any time is
under subsection (a) or (b).; and (v) section 521(d) of title 18, United States convicted of, or who admits having com-
(C) in paragraph (3), by striking sub- Code ( relating to penalties for offenses com- mitted or admits committing acts which
sections (a)(2)(A) and (d) and inserting mitted by criminal street gangs);; and constitute the essential elements of, a crime
subsection (d). (7) by amending subparagraph (F) to read of domestic violence, a crime of stalking, or
(8) PROCEDURE FOR GRANTING IMMIGRANT as follows: a crime of child abuse, child neglect, or child
STATUS.Section 204 of the Immigration and (F) either abandonment is inadmissible. For purposes
Nationality Act (8 U.S.C. 1154) is amended (i) a crime of violence (as defined in sec- of this clause, the term crime of domestic
(A) in subsection (a)(1) tion 16 of title 18, United States Code, but violence means any crime of violence (as de-
(i) in subparagraph (A) not including a purely political offense), or fined in section 16 of title 18, United States
(I) in clause (iii) (ii) a third conviction for driving while Code) against a person committed by a cur-
(aa) by inserting or legal permanent resi- intoxicated ( including a third conviction for rent or former spouse of the person, by an in-
dent after citizen each place that term driving while under the influence or im- dividual with whom the person shares a child
appears; and paired by alcohol or drugs), without regard in common, by an individual who is cohab-
(bb) in subclause (II)(aa)(CC)(bbb), by in- to whether the conviction is classified as a iting with or has cohabited with the person
serting or legal permanent resident after misdemeanor or felony under State law, as a spouse, by an individual similarly situ-
citizenship; for which the term of imprisonment is at ated to a spouse of the person under the do-
(II) in clause (iv) least one year;. mestic or family violence laws of the juris-
(aa) by inserting or legal permanent resi- (b) EFFECTIVE DATE.The amendments diction where the offense occurs, or by any
dent after citizen each place that term made by this section shall other individual against a person who is pro-
appears; and (1) take effect on the date of the enactment tected from that individuals acts under the
(bb) by inserting or legal permanent resi- of this Act; and domestic or family violence laws of the
dent after citizenship; (2) apply to any act that occurred before, United States or any State, Indian tribal
(III) in clause (v)(I), by inserting or legal on, or after such date of enactment. government, or unit of local or foreign gov-
permanent resident after citizen; and In title II, insert after section 203 the fol- ernment.
(IV) in clause (vi) lowing: (ii) VIOLATORS OF PROTECTION ORDERS.
(aa) by inserting or legal permanent resi- Any alien who at any time is enjoined under
SEC. 204. TERRORIST BAR TO GOOD MORAL
dent status after renunciation of citizen- a protection order issued by a court and
CHARACTER.
ship; and whom the court determines has engaged in
(bb) by inserting or legal permanent resi- (a) DEFINITION OF GOOD MORAL CHAR- conduct that violates the portion of a protec-
ACTER.Section 101(f) (8 U.S.C. 1101(f)) is tion order that involves protection against
dent after abusers citizenship;
(ii) by striking subparagraph (B); amended by inserting after paragraph (1) the credible threats of violence, repeated harass-
(iii) by redesignating subparagraphs (C) following: ment, or bodily injury to the person or per-
through (J) as subparagraphs (B) through (I), (2) one who the Secretary of Homeland sons for whom the protection order was
respectively; Security or the Attorney General deter- issued is inadmissible. For purposes of this
(iv) in subparagraph (B), as so redesig- mines, in the unreviewable discretion of the clause, the term protection order means
nated, by striking subparagraph (A)(iii), Secretary or the Attorney General, to have any injunction issued for the purpose of pre-
(A)(iv), (B)(ii), or (B)(iii) and inserting been at any time an alien described in sec- venting violent or threatening acts of domes-
clause (iii) or (iv) of subparagraph (A); and tion 212(a)(3) or 237(a)(4), which determina- tic violence, including temporary or final or-
(v) in subparagraph (I), as so redesig- tion ders issued by civil or criminal courts (other
nated (A) may be based upon any relevant infor- than support or child custody orders or pro-
(I) by striking or clause (ii) or (iii) of sub- mation or evidence, including classified, sen- visions) whether obtained by filing an inde-
paragraph (B); and sitive, or national security information; and pendent action or as a independent order in
(II) by striking under subparagraphs (C) (B) shall be binding upon any court re- another proceeding.; and
and (D) and inserting under subparagraphs gardless of the applicable standard of re- (2) in subsection (h)
(B) and (C); view;. (A) by striking The Attorney General
(B) by striking subsection (a)(2); (b) EFFECTIVE DATE.The amendment may, in his discretion, waive the application
(C) in subsection (h), by striking or a pe- made by this section shall take effect on the of subparagraphs (A)(i)(I), (B), (D), and (E) of
tition filed under subsection (a)(1)(B)(ii); date of the enactment of this Act and shall subsection (a)(2) and inserting The Attor-
and apply to ney General or the Secretary of Homeland
(D) in subsection (j), by striking sub- (1) any act that occurred before, on, or Security may, in his discretion, waive the
section (a)(1)(D) and inserting subsection after the date of the enactment of this Act, application of subparagraphs (A)(i)(I), (III),
(a)(1)(C). and (B), (D), (E), (J), and (L) of subsection (a)(2);
(2) any application for naturalization or (B) by striking if either since the date of
SA 1184. Mr. CORNYN (for himself, any other benefit or relief, or any other case such admission the alien has been convicted
Mr. NELSON of Nebraska, and Mr. or matter under the immigration laws, pend- of an aggravated felony or the alien in the
DEMINT) proposed an amendment to ing on or filed after the date of enactment of next to last sentence and inserting if since
this Act. the date of such admission the alien; and
amendment SA 1150 proposed by Mr.
SEC. 204A. PRECLUDING ADMISSIBILITY OF (C) by inserting or Secretary of Homeland
REID (for Mr. KENNEDY (for himself and ALIENS CONVICTED OF AGGRA-
Mr. SPECTER)) to the bill S. 1348, to Security after the Attorney General each
VATED FELONIES OR OTHER SERI- place it appears.
provide for comprehensive immigration OUS OFFENSES.
(b) DEPORTABILITY FOR CRIMINAL OFFENSES
reform and for other purposes; as fol- (a) INADMISSIBILITY ON CRIMINAL AND RE- INVOLVING IDENTIFICATION.Section 237(a)(2)
lows: LATED GROUNDS; WAIVERS.Section 212 (8 (8 U.S.C. 1227(a)(2)) is amended by adding
On page 47, line 25, insert , even if the U.S.C. 1182) is amended after subparagraph (E) the following new
length of the term of imprisonment for the (1) by adding at the end of subsection (a)(2) subparagraph:
offense is based on recidivist or other en- the following new subparagraphs: (F) CRIMINAL OFFENSES INVOLVING IDENTI-
hancements, after 15 years. (J) CERTAIN FIREARM OFFENSES.Any FICATION.An alien shall be considered to be
On page 47, beginning with line 34, strike alien who at any time has been convicted deportable if the alien has been convicted of
all through page 48, line 10, and insert: under any law of, or who admits having com- a violation of (or a conspiracy or attempt to
(3) in subparagraph (N), by striking para- mitted or admits committing acts which violate) an offense described in section 208 of
graph (1)(A) or (2) of; constitute the essential elements of, pur- the Social Security Act (42 U.S.C. 408) (relat-
(4) in subparagraph (O), by striking sec- chasing, selling, offering for sale, exchang- ing to social security account numbers or so-
tion 275(a) or 276 committed by an alien who ing, using, owning, possessing, or carrying, cial security cards) or section 1028 of title 18,
was previously deported on the basis of a or of attempting or conspiring to purchase, United States Code (relating to fraud and re-
mmaher on DSKCGSP4G1 with SOCIALSECURITY

conviction for an offense described in an- sell, offer for sale, exchange, use, own, pos- lated activity in connection with identifica-
other subparagraph of this paragraph and sess, or carry, any weapon, part, or accessory tion)..
inserting section 275 or 276 for which the which is a firearm or destructive device (as (c) EFFECTIVE DATE.The amendments
term of imprisonment is at least 1 year; defined in section 921(a) of title 18, United made by this section shall apply to
(5) by striking the undesignated matter States Code) in violation of any law is inad- (1) any act that occurred before, on, or
following subparagraph (U); missible. after the date of enactment, and
(6) in subparagraph (E) (K) AGGRAVATED FELONS.Any alien who (2) to all aliens who are required to estab-
(A) in clause (ii), by inserting ,(c), after has been convicted of an aggravated felony lish admissibility on or after the date of en-
924(b) and by striking or at the end, and at any time is inadmissible. actment of this section, and in all removal,

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6571
deportation, or exclusion proceedings that the Occupational Safety and Health Act of (3) the name, Social Security number, and
are filed, pending, or reopened, on or after 1970 (29 U.S.C. 651 et seq.), in geographic and date of birth of each alien whose authority
such date. occupational areas in which a high percent- to engage in employment in the United
(d) CONSTRUCTION.The amendments made age of workers who are Y nonimmigrants States expires without renewal, is revoked
by subsection (a) shall not be construed to will be working. by the Secretary, or otherwise ceases to be
create eligibility for relief from removal In section 1(c), strike (a)(1)(5) and in- authorized to engage in employment in the
under former section 212(c) of the Immigra- sert (a)(1)(6). United States, and
tion and Nationality Act if such eligibility (4) the effective date of such expiration,
did not exist before the amendments became SA 1186. Mr. AKAKA (for himself, Mr. revocation, or other cessation.
effective. REID, Mr. DURBIN, Mr. INOUYE, Mrs. (b) TIME OF SUBMISSION.The information
On page 48, line 36, insert including a vio- BOXER, Mrs. MURRAY, and Ms. CANT- described in subsection (a) shall be sub-
lation of section 924 (c) or (h) of title 18, WELL) proposed an amendment to mitted to the Commissioner after any review
United States Code, after explosives. amendment SA 1150 proposed by Mr. or appeal under procedures established by
On page 49, lines 7 and 8, strike , which is the Secretary.
punishable by a sentence of imprisonment of
REID (for Mr. KENNEDY (for himself and (c) ADMINISTRATIVE REVIEW.The informa-
five years or more. Mr. SPECTER)) to the bill S. 1348, to tion submitted pursuant to subsection (a)
On page 49, beginning with line 44, through provide for comprehensive immigration shall be the final determination of the Sec-
page 50, line 2, strike Unless the Secretary reform and for other purposes; as fol- retary and is not subsequently reviewable by
of Homeland Security or the Attorney Gen- lows: the Commissioner.
eral waives the application of this subpara- At the appropriate place, insert the fol- (d) STORAGE OF INFORMATION.The Com-
graph, any and insert Any. lowing: missioner shall electronically store the in-
On page 50, lines 20 through 22, strike The SEC. l. EXEMPTION FROM IMMIGRANT VISA
formation received pursuant to subsection
Secretary of Homeland Security or the At- LIMIT. (a) in a format that facilitates the calcula-
torney General may in his discretion waive Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is tion adjustment described in subsection (e).
this subparagraph.. amended by inserting after subparagraph (e) EFFECT ON SOCIAL SECURITY BENEFITS.
On page 282, strike lines 32 through 38, and (G), as added by section 503 of this Act, the In calculating benefits under title II of the
insert: following: Social Security Act (42 U.S.C. 401 et seq.),
(A) is inadmissible to the United States (H) Aliens who are eligible for a visa the Social Security Administration shall not
under section 212(a) of the Act (8 U.S.C. under paragraph (1) or (3) of section 203(a) count, as a quarter of coverage (as defined in
1182(a)); and who have a parent who was naturalized section 213(a)(2)(A) of such Act (42 U.S.C.
On page 284, strike lines 1 through 7, and pursuant to section 405 of the Immigration 413(a)(2)(A)), any quarter after the effective
insert: Act of 1990 (8 U.S.C. 1440 note).. date of this section during which the indi-
(I) is an alien who is described in or subject vidual, if not a citizen or national of the
to section 237(a)(2)(A)(iii), (iv) or (v) of the SA 1187. Mr. ALLARD submitted an United States, was not identified by the Sec-
Act (8 U.S.C. 1227(a)(2)(A)(iii), (iv) or (v)), ex- amendment intended to be proposed by retary pursuant to subsection (a) as an alien
cept if the alien has been granted a full and authorized to engage in employment in the
him to the bill S. 1348, to provide for United States.
unconditional pardon by the President of the
United States of the Governor of any of the comprehensive immigration reform (f) EFFECTIVE DATE.This section shall be
several States, as provided in section and for other purposes; which was or- effective with respect to determinations
237(a)(2)(A)(vi) of the Act (8 U.S.C. dered to lie on the table; as follows: made by the Secretary with regard to au-
1227(a)(2)(A)(vi); At the appropriate place in title VI, insert thority to engage in employment in the
(J) is an alien who is described in or sub- the following: United States beginning 1 year after the date
ject to section 237(a)(4) of the Act (8 U.S.C. SEC. 6ll. MANDATORY DISCLOSURE. of the enactment of this Act.
1227(a)(4); and (a) IN GENERAL.An alien may not be
(K) is an alien who is described in or sub- granted Z nonimmigrant status under this SA 1189. Mr. ALLARD submitted an
ject to section 237(a)(3)(C) of the Act (8 title unless the alien fully discloses to the amendment intended to be proposed by
U.S.C. 1227(a)(3)(C)), except if the alien is ap- Secretary all the names and Social Security him to the bill S. 1348, to provide for
proved for a waiver as authorized under sec- account numbers that the alien has ever comprehensive immigration reform
tion 237 (a)(3)(C)(ii) of the Act (8 U.S.C. used to obtain employment in the United and for other purposes; which was or-
1227(a)(3)(C)(ii)). States. dered to lie on the table; as follows:
On page 284, line 21, strike (9)(C)(i)(I),. (b) ENFORCEMENT.If the Secretary deter-
On page 284, line 41, strike section In section 203(b)(1)(A) of the Immigration
mines that a Z nonimmigrant has not com-
212(a)(9)(C)(i)(II) and insert section and Nationality Act (8 U.S.C. 1153(b)(1)(A)),
plied with the requirement under subsection
212(a)(9)(C). as amended by section 502, in the table in
(a), the Secretary shall revoke the aliens Z
On page 285, between lines 2 and 3, insert: that section, strike the items relating to the
nonimmigrant status.
(VII) section 212(a)(6)(E) of the Act (8 Supplemental schedule for Zs.
(c) NOTIFICATION OF RIGHTFUL ASSIGNEES.
U.S.C. 1182(a)(6)(E)), except if the alien is ap- The Secretary may disclose information re- f
proved for a waiver as authorized under sec- ceived from aliens pursuant to a disclosure AUTHORITY FOR COMMITTEES TO
tion 212(d)(11) of the Act (8 U.S.C. 1182(d)(11)); under subsection (a) to any Federal or State
or agency authorized to collect such informa-
MEET
(VIII) section 212(a)(9)(A) of the Act (8 tion to enable such agency to notify each COMMITTEE ON ARMED SERVICES
U.S.C. 1182(a)(9)(A)). named individual or rightful assignee of the Mr. KENNEDY. Mr. President, I ask
On page 286, between lines 6 and 7, insert: Social Security account number of the unanimous consent that the Com-
(5) GOOD MORAL CHARACTER.The alien aliens misuse of such name or number to ob- mittee on Armed Services be author-
must establish that he or she is a person of tain employment.
good moral character ( within the meaning ized to meet during the sessions of the
of section 101(f) of the Act (8 U.S.C. 1101(f)) SA 1188. Mr. ALLARD submitted an Senate on Wednesday, May 23, 2007 at
during the past three years and continue to amendment intended to be proposed by 2:30 p.m. in closed session to mark up
be a person of such good moral character. him to the bill S. 1348, to provide for the national defense authorization act
comprehensive immigration reform for fiscal year 2008.
SA 1185. Mr. OBAMA submitted an The PRESIDING OFFICER. Without
and for other purposes; which was or-
amendment intended to be proposed by objection, it is so ordered.
dered to lie on the table; as follows:
him to the bill S. 1348, to provide for COMMITTEE ON COMMERCE, SCIENCE, AND
At the appropriate place, insert the fol-
comprehensive immigration reform lowing:
TRANSPORTATION
and for other purposes; which was or- SEC. ll. INFORMATION REGARDING EMPLOY- Mr. KENNEDY. Mr. President I ask
dered to lie on the table; as follows: MENT AUTHORIZATION. unanimous consent that the Com-
Section 1(a) is amended by adding at the (a) IN GENERAL.The Secretary shall sub- mittee on Commerce, Science, and
end the following: mit to the Commissioner of Social Security, Transportation be authorized to hold a
mmaher on DSKCGSP4G1 with SOCIALSECURITY

(6) STAFF ENHANCEMENTS FOR THE DEPART- in a format established by the Commissioner hearing during the session of the Sen-
MENT OF LABOR.The Department of Labor and the Secretary ate on Wednesday, May 23, 2007, at 10:00
has hired at least 250 compliance investiga- (1) the name, Social Security number, and
a.m., in room 253 of the Russell Senate
tors and attorneys who are dedicated to the date of birth of each alien who the Secretary
enforcement of labor standards, including authorizes, or renews or extends such au- Office Building.
those contained in sections 218A, 218B, and thorization, to engage in employment in the The purpose of the hearing is to ad-
218C of the Immigration and Nationality Act United States; dress the current moratorium that bars
(as added by this Act), the Fair Labor Stand- (2) the date such authority, or renewal or state and local taxes on Internet ac-
ards Act of 1938 (29 U.S.C. 201 et seq.), and extension of authority, is granted; cess.

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S6572 CONGRESSIONAL RECORD SENATE May 23, 2007
The PRESIDING OFFICER. Without Watkins, LLP, Washington, DC; PRIVILEGES OF THE FLOOR
objection, it is so ordered. Charles J. Ogletree, Jesse Climenko Mr. BINGAMAN. Mr. President, I ask
COMMITTEE ON ENERGY AND NATURAL Professor of Law, Harvard Law School, unanimous consent that a staff mem-
RESOURCES Cambridge, MA; Kenneth R. Thomas, ber in my office, Lauren Weeth, be
Mr. KENNEDY. Mr. President, I ask Congressional Research Service, Wash- granted the privileges of the floor dur-
unanimous consent that the Com- ington, DC; Jonathan Turley, Pro- ing the pendency of this bill.
mittee on Energy and Natural Re- fessor, George Washington University The PRESIDING OFFICER. Without
sources be authorized to hold a busi- Law School, Washington, DC; The Hon- objection, it is so ordered.
ness meeting during the session of the orable Patricia Wald, Former Chief Mr. HARKIN. Mr. President, I ask
Senate on Wednesday, May 23, 2007, at Judge, United States Court of Appeals unanimous consent that Amy Meyers
11:30 a.m. in room SD366 of the Dirk- for the District of Columbia Circuit, and Adam Zimmerman of my staff be
sen Senate Office Building. Washington, DC. granted floor privileges for the dura-
The purpose of the business meeting The PRESIDING OFFICER. Without tion of todays session.
is to consider pending calendar busi- objection, it is so ordered. The PRESIDING OFFICER. Without
ness. COMMITTEE ON VETERANS AFFAIRS objection, it is so ordered.
The PRESIDING OFFICER. Without
Mr. KENNEDY. Mr. President, I ask f
objection, it is so ordered.
unanimous consent for the Committee
COMMITTEE ON FINANCE TRIBUTES TO SENATOR STEVENS
on Veterans Affairs to meet during the
Mr. KENNEDY. Mr. President, I ask session of the Senate on Wednesday, Mr. SALAZAR. Mr. President, I ask
unanimous consent that the Com- May 23, 2007 to hold a hearing on pend- unanimous consent that the deadline
mittee on Finance be authorized to ing health legislation. The hearing will for Senators to submit tributes on Sen-
meet during the session of the Senate take place in room 562 of the Dirksen ator STEVENS for the CONGRESSIONAL
on Wednesday, May 23, 2007, at 10:00 Senate Office Building beginning at RECORD be extended until close of busi-
a.m., in room 215 of the Dirksen Senate 9:30 a.m. ness on Monday, June 4, 2007.
Office Building, to hear testimony on The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without
Funding Social Securitys Adminis- objection, it is so ordered. objection, it is so ordered.
trative Costs: Will the Budget Meet the f
JOINT ECONIMC COMMUNITTEE
Mission?
The PRESIDING OFFICER. Without Mr. KENNEDY. Mr. President, I ask ORDER FOR STAR PRINTS. 60
objection, it is so ordered. unanimous consent that the Joint Eco- Mr. SALAZAR. Mr. President, I ask
COMMITTEE ON THE JUDICIARY nomic Committee be authorized to con- unanimous consent that S. 60 be star-
Mr. KENNEDY. Mr. President, I ask duct a hearing entitled, Is Market printed with the changes at the desk.
unanimous consent that the Senate Concentration in the U.S. Petroleum The PRESIDING OFFICER. Without
Committee on the Judiciary be author- Industry, Harming Consumers?, in objection, it is so ordered.
ized to meet to conduct a hearing enti- Room 215 of the Hart Senate Office
f
tled Rising Crime in the United Building, Wednesday, May 23, 2007,
States: Examining the Federal Role in from 10 a.m. to 12:30 p.m. AUTHORIZING PRINTING OF COM-
Helping Communities Prevent and Re- The PRESIDING OFFICER. Without MEMORATIVE DOCUMENT IN
spond to Violent Crime on Wednes- objection, it is so ordered. MEMORY OF THE LATE PRESI-
day, May 23, 2007 at 9:30 a.m. in Dirksen SECURITY AND INTERNATIONAL TRADE AND DENT GERALD RUDOLPH FORD
Senate Office Building Room 226. FINANCE SUBCOMMITTEE Mr. SALAZAR. Mr. President, I ask
Mr. KENNEDY. Mr. President, I ask unanimous consent that the Senate
Witness list
unanimous consent that the Com- now proceed to the consideration of H.
Ted Kamatchus, President, National mittee on Banking, Housing, and Con. Res. 128, just received from the
Sheriffs Association; Russ Lane, Vice Urban Affairs Subcommittee on Secu- House, and which is at the desk.
President, International Association of rity and International Trade and Fi- The PRESIDING OFFICER. The
Chiefs of Police; Tom Nee, President, nance be authorized to meet during the clerk will report the concurrent resolu-
National Association of Police Organi- session of the Senate on May 23, 2007, tion by title.
zations; Douglas Palmer, Mayor of at 2:30 p.m. to conduct a hearing enti- The legislative clerk read as follows:
Trenton, NJ, President, United States tled U.S. Economic Relations With A concurrent resolution (H. Con. Res. 128)
Conference of Mayors, Trenton, NJ; China: Strategies and Options on Ex- authorizing the printing of a commemora-
James Alan Fox, Criminologist, North- change Rates and Market Access. tive document in memory of the late Presi-
eastern University; Rick Gregory, dent of the United States, Gerald Rudolph
The PRESIDING OFFICER. Without
Chief of Police, New Castle, DE. Ford.
objection, it is so ordered.
The PRESIDING OFFICER. Without There being no objection, the Senate
Mr. KENNEDY. Mr. President, I ask
objection, it is so ordered. proceeded to consider the concurrent
unanimous consent that the Select
COMMITTEE ON THE JUDICIARY
Committee on Intelligence be author- resolution.
Mr. KENNEDY. Mr. President, I ask ized to meet during the session of the Mr. SALAZAR. Mr. President, I ask
unanimous consent that the Senate Senate on May 23, 2007 at 10:30 a.m. to unanimous consent that the concur-
Committee on the Judiciary be author- hold a closed markup. rent resolution be agreed to and the
ized to meet to conduct a hearing enti- motion to reconsider be laid upon the
The PRESIDING OFFICER. Without
tled Ending Taxation without Rep- table, with no intervening action or de-
objection, it is so ordered.
resentation: The Constitutionality of bate.
STRATEGIC FORCES SUBCOMMITTEE The PRESIDING OFFICER. Without
S. 1257 on Wednesday, May 23, 2007 at
1:30 p.m. in Dirksen Senate Office Mr. KENNEDY. Mr. President, I ask objection, it is so ordered.
Building Room 226. unanimous consent that the Strategic The concurrent resolution (H. Con.
Forces Subcommittee of the Com- Res. 128) was agreed to.
Witness list mittee on Armed Services be author- f
Panel I: The Honorable Chris Cannon, ized to meet during the session of the
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United States Representative, RUT, Senate on Wednesday, May 23, 2007 at CALENDAR
Washington, DC; The Honorable Elea- 11:30 a.m., in closed session, to mark up Mr. SALAZAR. Mr. President, I ask
nor Holmes Norton, United States Rep- the Strategic Forces Programs and unanimous consent that it be in order
resentative, DDC Delegate, Wash- Provisions contained in the National for the Senate to proceed en bloc to the
ington, DC. Defense Authorization Act for fiscal consideration of the following calendar
Panel II: Representative from the De- year 2008. items: Calendar No. 161, S. 1352; Cal-
partment of Justice, Washington, DC, The PRESIDING OFFICER. Without endar No. 162, H.R. 414; Calendar No.
Richard P. Bress, Partner, Latham & objection, it is so ordered. 163, H.R. 437; Calendar No. 164, H.R. 625;

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6573
Calendar No. 165, H.R. 988; and Cal- LIEUTENANT TODD JASON FBI is concerned about it. The Grass-
endar No. 166, H.R. 1402. BRYANT POST OFFICE ley amendment would help fix that in a
The PRESIDING OFFICER. Without The bill (H.R. 988) to designate the significant way. In any comprehensive
objection, it is so ordered. facility of the United States Postal immigration reform, it is my view that
Mr. SALAZAR. Mr. President, I ask Service located at 5757 Tilton Avenue should be a part of it.
unanimous consent that the bills be in Riverside, California, as the Lieu- We have talked about this for a num-
read a third time and passed en bloc; tenant Todd Jason Bryant Post Of- ber of years, but somehow we never got
that the motions to reconsider be laid fice, was ordered to a third reading, around to getting it done. I am glad he
upon the table en bloc; that the consid- read the third time, and passed. has offered it. If we are going to pass
eration of these items appear sepa- immigration reform, it certainly
f should be a part of it.
rately in the RECORD; and that any
statements related to the measures be SERGEANT DENNIS J. FLANAGAN I think one of the problems we have
printed in the RECORD, without inter- LECANTO POST OFFICE BUILDING had in our thinking throughout this
vening action or debate. process is an insufficient under-
The bill (H.R. 1402) to designate the
The PRESIDING OFFICER. Without standing that we as Senators should
facility of the United States Postal
objection, it is so ordered. place our national interests first, and
Service located at 320 South Lecanto
we should set policy that serves our
f way in Lecanto, Florida, as the Ser-
laws, that serves our financial inter-
geant Dennis J. Flanagan Lecanto Post
DR. FRANCIS TOWNSEND POST ests, and should validate those who fol-
Office Building, was ordered to a third
OFFICE BUILDING low the law properly and have con-
reading, read the third time, and
The bill (S. 1352) to designate the fa- sequences for those who do not follow
passed.
cility of the United States Postal Serv- the law.
f In 1986, there was this discussion that
ice located at 127 East Locust Street in
Fairbury, Illinois, as the Dr. Francis ORDERS FOR THURSDAY, MAY 24, led to immigration reform. It was ad-
Townsend Post Office Building, was 2007 mitted to be amnesty, and it was sup-
ordered to be engrossed for a third posed to be the last amnesty of all
Mr. SALAZAR. Mr. President, I ask time, a one-time amnesty, and we are
reading, read the third time, and unanimous consent that when the Sen-
passed, as follows: going to enforce the law in the future.
ate completes its business today, it They promised.
S. 1352 stand adjourned until 9:30 a.m., Thurs- Of course, the amnesty took place
Be it enacted by the Senate and House of Rep- day, May 24; that on Thursday, fol- immediately and the promises of en-
resentatives of the United States of America in lowing the prayer and pledge, the Jour- forcement and funding and enough Bor-
Congress assembled, nal of proceedings be approved to date, der Patrol agents and all the things
SECTION 1. DR. FRANCIS TOWNSEND POST OF- the morning hour be deemed expired,
FICE BUlLDING. necessary to have enforcement never
and the time for the two leaders re- occurred for two main reasons. No
(a) DESIGNATION.The facility of the
served for their use later in the day; President of the United States cared to
United States Postal Service located at 127
East Locust Street in Fairbury, Illinois, that there then be a period of morning do anything about lawlessness at the
shall be known and designated as the Dr. business for 60 minutes, with Senators border, and the Congress didnt. Con-
Francis Townsend Post Office Building. permitted to speak therein for up to 10 gress, every now and then, would rise
(b) REFERENCES.Any reference in a law, minutes each, with the time equally di- up and suggest that something should
map, regulation, document, paper, or other vided and controlled, with the Repub- be done, and some Congressman or Sen-
record of the United States to the facility re- licans controlling the first half and the
ferred to in subsection (a) shall be deemed to ator would talk about it, but nothing
majority controlling the final half; ever really got done.
be a reference to the Dr. Francis Townsend
that at the close of morning business Now we are at a point where we have
Post Office Building.
the Senate resume consideration of S. perhaps 12, maybe 20 million people
f 1348, the immigration bill. here illegally, and they desire amnesty.
MIGUEL ANGEL GARCIA MENDEZ The PRESIDING OFFICER. Without What will happen next? How many
POST OFFICE objection, it is so ordered. years will it be until the next time?
f I have a simple view that goes to the
The bill (H.R. 414) to designate the
core of what this bill fails to do, and
facility of the United States Postal ORDER FOR ADJOURNMENT
that is to affirm the rule of law. My
Service located at 60 Calle McKinley, Mr. SALAZAR. Mr. President, if view is that a compassionate and kind
West in Mayaguez, Puerto Rico, as the there is no further business, I ask and very generous thing to do for per-
Miguel Angel Garcia Mendez Post Of- unanimous consent that the Senate sons who came into our country ille-
fice Building, was ordered to a third stand adjourned, following the remarks gally, who have not been forced to stay
reading, read the third time, and of Senator SESSIONS. here but stay here because they choose
passed. The PRESIDING OFFICER. Without to stay herepresumably the life and
f objection, it is so ordered. the pay and the benefits they have here
The Senator from Alabama is recog- are sufficient that they would choose
LINO PEREZ, JR. POST OFFICE
nized. to stay here rather than where they
The bill (H.R. 437) to designate the f came fromthat those persons, as a re-
facility of the United States Postal sult of coming here illegally and of
Service located at 500 West Eisenhower COMPREHENSIVE IMMIGRATION their own volition, should not be given
Street in Rio Grande City, Texas, as REFORM every single benefit that we would give
the Lino Perez, Jr. Post Office, was Mr. SESSIONS. Mr. President, I to persons who come to America le-
ordered to a third reading, read the thank Senator SALAZAR for his cour- gally. That is just it. We said that in
third time, and passed. tesy. I want to share a few thoughts to- 1986 and this will be a defining moment
f night. In particular, I wish to talk about whether we mean it.
about the Grassley amendment that We could take two positions. One is,
ATANACIO HARO-MARIN POST deals with the granting of visas, which, this is not amnesty and maybe we can
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OFFICE by error or inadvertence, could in fact go on and the same thing would be pre-
The bill (H.R. 625) to designate the involve individuals who are very dan- pared to happen a few years from now,
facility of the United States Postal gerous, who would get into our country 15 years from now. Or we can say: No,
Service located at 4230 Maine Avenue on a valid visa, and then it be deter- sir, nobody from 1986 and forever here-
in Baldwin Park, California, as the mined that they should never have after who comes to our country ille-
Atanacio Haro-Marin Post Office, been issued that visa. gally will be given the full panoply of
was ordered to a third reading, read the That happens quite often. The State benefits we give to persons who come
third time, and passed. Department is concerned about it. The to our country legally.

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S6574 CONGRESSIONAL RECORD SENATE May 23, 2007
I just want to mention two or three sions. The consular officers ask for in- Immigration officials could not do a
things I think about that. One is citi- formation. If they think somebody has thing about it if the person had already
zenship. You dont get citizenship if a scheme to go into the United States arrived here. We were handicapped
you break into this country illegally. with a visa and never to return back to from locating the visa holders and de-
You dont receive some of the benefits the Dominican Republic, or whichever porting them, even if they were terror-
we would give, such as the earned-in- country is involved, they deny the visa. ists or there were other serious reasons
come tax credit. The earned-income The alien whose visa was denied to deny the visa.
tax credit was designed to help people doesnt get to sue the consular officers. Revocation of a visa is not a thing
with families, who are poor, but who do That alien doesnt get to complain. done lightly, although as a matter of
work. It was an idea that went back to This is a discretionary act by a des- law, I cannot think there is any con-
the Nixon days. The theory was there ignated agent of the United States of stitutional requirement they have any
was not enough distinction between America, a sovereign nation. A sov- kind of extended procedure. But we
the income you could get staying home ereign nation gets to decide who gets have established strong procedures on
on welfare and actually going out and into its country, who does not get into revocation decisions. To revoke a visa
working. So they tried to incentivize its country, and under what conditions is not done lightly. If a consular officer
and encourage poor people to see the they come into their country. That is wants to revoke a visa, the case is
advantage of work and would give fundamental. thoroughly vetted. In fact, the final de-
them the earned-income tax credit, You dont get to sue over it, if you cision cannot be made by the consular
which a lot of people do not know is $41 were denied by the consular official in official in the Dominican Republic or
billion a year in expenditures, which is Cyprus or Poland or the Dominican Re- Cypress or Poland; it must be made by
a lot of money designed to help poor public. Thats just it. OK. a higher official in Washington.
people. However, if you are approved by a Revocation cannot be based on sus-
Conservatives talk about it, others consular official, but that is later re- picion. It must be based on an actual
talk about it, but fundamentally it was voked and that individual has now finding that the alien is ineligible for
designed to incentivize work for Amer- landed on American soil already, the the visa; in other words, they should
ican working poor, particularly if they consular officials decision to revoke is not have received the visa. They had
had children. The average recipient of turned into a big court case. The prac- the power to say no to begin with. Once
the earned-income tax credit in Amer- tice has made visa revocations ineffec- the alien is in our country, without ju-
ica receives from $1,700 to $2,000 a year. tive, in fact, as an antiterrorism tool. dicial review, you cannot revoke a visa.
This amendment, the Grassley The consular official gives the visa
That is designed to help them work.
But if somebody comes to our coun- amendment, would treat visa revoca- holder an opportunity to explain their
try illegally, I see no reason they tions similar to visa denials because case. They may have the visa holder
should be rewarded with the earned-in- the right of a person to be in the come down to the embassy and defend
United States would expire once the their position. So when a visa is re-
come tax credit; nor should they get
visa is revoked, regardless of whether voked, it is serious business. It takes a
Social Security benefits if they paid
that person is in the United States. good bit of time. But current law
benefits over a false Social Security
I think that is something the 9/11 handicaps our enforcement and makes
number, working under a fraudulent
Commission has suggested we should it nearly impossible to deport the alien
name in a business where they were il-
do. That is a very important issue that if they have already made it to the
legal. They should not get those bene-
I will talk about in a little bit. United States. Current law allows
fits.
At a judiciary hearing in March of aliens to run to the steps of our coun-
One cannot, in America today, go to
this year the Secretary of Homeland trys courts to take advantage of the
court and enforce an illegal contract. If
Security, Secretary Chertoff, said this: litigation system. There is no reason
a person promises to pay a drug dealer
for special treatment of those whose
money for dope and that person doesnt The fact is that we can prevent someone
who is coming in as a guest. We can say you visas we revoke simply because they
pay the drug dealer, the drug dealer
cant come in from overseas. But once they happen to be on land here after we fig-
cant sue that person in court. It is an
come in, if they abuse the terms and condi- ured out that their permission to come
illegal contract, a contract for dope.
tions of their coming in, we have to go should have been denied.
It is an illegal contract. When a per-
through a very cumbersome process. That Allowing judicial review of revoked
son comes here and pays money using a strikes me as not particularly sensible. Peo- visas, especially on terrorism grounds,
fake name or fake Social Security ple who are admitted as guests, like guests jeopardizes classified intelligence that
number, that person is not entitled to in my house, if a guest misbehaves, I tell led to the revocation. It can force agen-
receive any benefits, in addition to the them to leave. They dont go to court over cies such as the FBI and CIA to be hesi-
problems we would have in determining it.
tant to share information.
who paid what money under what num- In 2003, the General Accounting Of-
Current law could be reversing this
ber and where and when. Fraud would fice reported that suspected terrorists very process we set up after 9/11 so we
be rampant, so we should not do that. could stay in this country after their could share information more readily
I am worried about this legislation. I visas had been revoked because of a among agencies. Our poor visa policies
think it has some containment of the legal loophole in the wording of revoca- contributed to the events of September
Social Security, a good bit better than tion papers. GAO found the FBI and the 11.
last year, although I am not sure it is intelligence community suspected ties Nineteen hijackers used 364 aliases.
real tight. But there is no containment of terrorism in hundreds of visa appli- Two of the hijackers may have ob-
of the earned-income tax credit. Those cations but did not always share that tained passports from family members
are some things we need to think about information with consular officials working in the Saudi passport mission,
as we analyze the cost of the legisla- properly so that the application could in other words, fraudulent passports.
tion that is before us today. be rejected. So the consular officers Nineteen hijackers applied for 23
With regard to the Grassley amend- granted the visa, not knowing that the visas and obtained 22 visas. The hijack-
ment, this amendment would revise the applicant may have connections to ter- ers lied on their visa applications in de-
current law related to visa revocations rorist organizations. Had the consular tectable ways. The hijackers violated
for visa holders who are on U.S. soil. officials known that, they would not the terms of their visas. They came
Under the current law, visas approved have granted the visa. Maybe the FBI and went at their convenience. The 9/11
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or denied by consular officers in for- was tardy in giving it to them; maybe Commission pointed out the obvious by
eign countries are nonreviewable. In it was a product of sensitive informa- stating that:
other words, if you go into the consular tion they were not at liberty to reveal; Terrorists cannot plan and carry out at-
office, as I did with Senator SPECTER maybe they did not discover the ter- tacks in the United States if they are unable
last summer in the Dominican Repub- rorist connections until the person got to enter the country.
lic, and happened to meet one and into our country. By the time they got The 9/11 Commission recommended
talked with him about how his day was the derogatory information, it was that we intercept terrorists and con-
and what it was likethey make deci- often too late; the visa had been issued. strain their mobility. This amendment

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May 23, 2007 CONGRESSIONAL RECORD SENATE S6575
would do that. Allowing aliens to re- This is something I have dealt with ADJOURNMENT UNTIL 9:30 A.M.
main on U.S. soil with a revoked visa for some time. I think we can do better TOMORROW
or petition is a national security con- about this area of the law. This was a Thereupon, the Senate, at 8:26 p.m.,
cern. It is something we should do request from the State Department adjourned until Thursday, May 24, 2007,
something about. which deals with this every day. We at 9:30 a.m.
Think about it. An individual came need to do better to support the State
into America, approved for a visa, and Department. f
it is now discovered the individual had NOMINATIONS
When I met with the consular official
ties to terrorist organizations, may
in the Dominican Republic, he talked Executive nominations received by
well be deeply connected in some dan-
about the fraud they see, and it is pret- the Senate May 23, 2007:
gerous way where they could threaten
ty common. Frequently people produce
the security of the United States, and DEPARTMENT OF JUSTICE
fraudulent marriage licenses. Some-
all we can do is revoke their visa, even- ONDRAY T. HARRIS, OF VIRGINIA, TO BE DIRECTOR,
times people actually pretend to be COMMUNITY RELATIONS SERVICE, FOR A TERM OF FOUR
tually ask the person to leave, and
married. Sometimes they just produce YEARS, VICE SHAREE M. FREEMAN.
they file petitions and object and go to
documents; they say they are married IN THE ARMY
court and turn it into a big process.
It is this kind of thing that has the when they are not married. That THE FOLLOWING NAMED OFFICER FOR APPOINTMENT
IN THE UNITED STATES ARMY TO THE GRADE INDICATED
capacity to overwhelm and flood our makes people eligible to come. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND
You know what he said? In all of the RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:
courts and to create circumstances
such that the immigration laws be- time he has been working on it, nobody To be lieutenant general
come unenforceable. It is a realistic has ever prosecuted someone for a fake LT. GEN. DOUGLAS E. LUTE, 0000

concern. We have to go back to the ba- marriage license to get entry into the THE FOLLOWING ARMY NATIONAL GUARD OF THE
United States. UNITED STATES OFFICERS FOR APPOINTMENT IN THE
sics of immigration and see what this RESERVE OF THE ARMY TO THE GRADES INDICATED
process is all about. When I was U.S. attorney, I pros- UNDER TITLE 10, U.S.C., SECTION 12203:
A person who comes into any sov- ecuted one or two, anyway. I remember To be major general
ereign nation, the United States cer- people who created fraudulent mar- BRIGADIER GENERAL AUGUSTUS L. COLLINS, 0000
tainly being one, comes at the pleasure riages to set up to get in the country. BRIGADIER GENERAL JAMES B. GASTON, JR., 0000
BRIGADIER GENERAL JOE L. HARKEY, 0000
of the United States, at the sufferance For one reason or another it came to BRIGADIER GENERAL JOHN S. HARREL, 0000
of the United States. Without a right our attention and we prosecuted the BRIGADIER GENERAL EDWARD A. LEACOCK, 0000
BRIGADIER GENERAL JOSE S. MAYORGA, JR., 0000
to stay here, but as a free gift that can case. It is a violation of Federal law. BRIGADIER GENERAL KING E. SIDWELL, 0000
be taken away or rejected at any time. BRIGADIER GENERAL JON L. TROST, 0000
An alien is not entitled to stay here. What we have got, our guess is, there To be brigadier general
An alien does not have a constitutional are so many that people do not have
COLONEL ROBERT K. BALSTER, 0000
right to stay here. An alien has no time to do it. But if a person says they COLONEL JULIO R. BANEZ, 0000

legal right to stay here if he or she is are married and they come here to the COLONEL WILLIAM A. BANKHEAD, JR., 0000
COLONEL ROOSEVELT BARFIELD, 0000
not in compliance with the rules and country, and you find out they are not COLONEL GREGORY W. BATTS, 0000

regulations of the United States. We married, they should be able to depart COLONEL THOMAS E. BERON, 0000
COLONEL DAVID L. BOWMAN, 0000
have designated officials, agents, and without having a big trial. You can try COLONEL GEORGE A. BRINEGAR, 0000

officers with the procedures and plans them, as I did, and convict them and COLONEL JEFFERSON S. BURTON, 0000
COLONEL GLENN H. CURTIS, 0000
to make those decisions about visas, send them to jail, or give them a proba- COLONEL LARRY W. CURTIS, 0000

and we cant have all of those revoked tionary sentence for filing a false claim COLONEL SANDRA W. DITTIG, 0000
COLONEL ALAN S. DOHRMANN, 0000
visas turning into lawsuits. I mean, to the Government or false document COLONEL ALEXANDER E. DUCKWORTH, 0000

there are not enough hours in the day. to the Government or false claim for COLONEL FRANK W. DULFER, 0000
COLONEL ROBERT W. ENZENAUER, 0000
It can subject our Nation to threats in entry into the United States. All that COLONEL LYNN D. FISHER, 0000

many different and terrible ways. would be criminal, but it takes a tre- COLONEL BURTON K. FRANCISCO, 0000
COLONEL HELEN L. GANT, 0000
What I would suggest to my col- mendous amount of time, effort, and COLONEL TERRY M. HASTON, 0000
leagues is, lets think about the basics money to prosecute a case like that, COLONEL BRYAN J. HULT, 0000
COLONEL GEORGE E. IRVIN, SR., 0000
of what immigration is about. It is not more than probably we can afford to do COLONEL LENWOOD A. LANDRUM, 0000
a matter of the right of somebody today. So the better thing is to give COLONEL ROGER L. MCCLELLAN, 0000
COLONEL RONALD O. MORROW, 0000
wants to come here. Nobody has a con- our people the power to make that de- COLONEL JOHN M. NUNN, 0000
stitutional right, a legal right, or a cision and move people out if they are COLONEL ISAAC G. OSBORNE, JR., 0000
COLONEL ROBERT J. PRATT, 0000
moral right, for that matter, to enter here on a visa. COLONEL JERRY E. REEVES, 0000
COLONEL TIMOTHY A. REISCH, 0000
the United States. It is a decision we Now, if they have legal permanent COLONEL JAMES M. ROBINSON, 0000
make based on policies that presum- residence or citizenship, of course, that COLONEL MARK D. SCRABA, 0000
COLONEL DONALD P. WALKER, 0000
ably serve the national interests of the is not so. If you get a legal permanent COLONEL CHARLES F. WALSH, 0000
United States. resident status, then you have certain
If a person is not in compliance after f
rights that go beyond what I described.
they get here, if a person did not meet Mr. President, I thank Senator WITHDRAWALS
the standards when they were admit- GRASSLEY for his leadership and for Executive Message transmitted by
ted, if the person did not meet the working on this amendment. I think it the President to the Senate on May 23,
standards when they first applied, they would be a critically important aspect 2007 withdrawing from further Senate
should be rejected without a court of any comprehensive reform. I thank consideration the following nomina-
hearing or a lawsuit. If they get into the Chair for his patience late into the tions:
this country and we find additional in- evening. MICHAEL E. BAROODY, OF VIRGINIA, TO BE A COMMIS-
formation that would have prohibited SIONER OF THE CONSUMER PRODUCT SAFETY COMMIS-
them from coming, they can be asked I yield the floor. SION FOR A TERM OF SEVEN YEARS FROM OCTOBER 27,
2006, VICE HAROLD D. STRATTON, RESIGNED, WHICH WAS
to leave without going through a big The PRESIDING OFFICER (Mr. SENT TO THE SENATE ON MARCH 5, 2007.
trial, because they do not have that SALAZAR.) Under the previous order, MICHAEL E. BAROODY, OF VIRGINIA, TO BE CHAIRMAN
OF THE CONSUMER PRODUCT SAFETY COMMISSION, VICE
property right or legal right that the Senate stands adjourned until 9:30 HAROLD D. STRATTON, RESIGNED, WHICH WAS SENT TO
would justify such an action. a.m. tomorrow. THE SENATE ON MARCH 5, 2007.
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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks CORRECTION E1123

EXTENSIONS OF REMARKS
ONCOLOGY NURSING MONTH THE JOHN R. JUSTICE PROSECU- CONGRATULATING THE WE THE
TORS AND DEFENDERS INCEN- PEOPLE TEAM FROM FINDLAY
TIVE ACT OF 2007 HIGH SCHOOL
HON. LOIS CAPPS
OF CALIFORNIA HON. JIM JORDAN
HON. LINDA T. SANCHEZ OF OHIO
IN THE HOUSE OF REPRESENTATIVES
OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES
Tuesday, May 22, 2007 IN THE HOUSE OF REPRESENTATIVES Tuesday, May 22, 2007
Mrs. CAPPS. Madam Speaker, I rise today Mr. JORDAN of Ohio. Madam Speaker, I
Tuesday, May 22, 2007
to call attention to the important and essential am honored to highlight the outstanding
role that oncology nurses play in providing Ms. LINDA T. SANCHEZ of California. achievements of a group of young scholars
quality cancer care and to recognize May as Madam Speaker, I am pleased to join my col- from my congressional district.
leagues in supporting the John R. Justice Last month, Findlay High School students
Oncology Nursing Month. Oncology nurses
Christina Back, Anthony Baratta, Kyle Collette,
are the health professionals involved in the Prosecutors and Defenders Incentive Act, a
Meghan Gannon, Jessica Gephart, Bryant
administration and monitoring of chemo- bill that will help local governments to recruit Hendriksen, Emily Janowiecki, Stephen
therapy and managing the associated side-ef- and retain talented young people to their dis- Kostyo, Jaime Malloy, Debra McCaffrey, Jade
fects patients may experience. As anyone who trict attorney and public defender offices. Mummert, Will Olthouse, Nicholas Rackley,
has ever been treated for cancer will tell you, Tuition has been rising steeply at law Michael Sears, Caroline Solis, Stephen Strigle,
oncology nurses are intelligent, well-trained, schools across the country, increasing more Rebecca Walter, and Matthew Wiseman rep-
highly skilled, kind-hearted angels who provide resented the State of Ohio in the national
than 130 percent at private law schools since
quality clinical, psychosocial, and supportive finals of the We the People: The Citizen and
1990. Unfortunately, scholarships and pay at
care to patients and their families. Every day, the Constitution program. They joined more
part-time jobs have simply not kept up. As a
oncology nurses see the pain and suffering than 1,200 students from across the country at
result, students have been forced to take on this three-day competition in Washington.
caused by cancer and understand the phys-
additional debt in order to afford a legal edu- Authorized by act of Congress, the We the
ical, emotional, and financial challenges that
people with cancer face throughout their diag- cation. By 2006, the average law student People program allows high school students to
nosis and treatment. In short, they are integral graduated with nearly $80,000 of debt. Eighty develop in-depth knowledge and under-
to our Nations cancer care delivery system. thousand dollars would have bought a nice big standing of the fundamental principles and val-
house in Los Angeles in my parents day! ues of our republic. Students testify at mock
Cancer is a complex, multifaceted and congressional hearings before a panel of ex-
chronic disease. People with cancer are best But this debt load affects more than just the
perts, answering questions that test their un-
served by a multidisciplinary health care team credit scores and disposable incomes of re-
derstanding of the Constitution and their ability
specializing in oncology care, including nurses cent graduates. It affects their career choices.
to apply that knowledge. Columnist David
who are certified in that specialty. One in three Young people bearing the burden of eighty Broder has described the national competition
women and one in two men will receive a di- and hundred thousand dollar debts must seek as the place to have your faith in the younger
agnosis of cancer at some point in their lives, jobs that will provide enough income to allow generation restored.
and one out of every four deaths in the United them to make their loan payments as well as These 18 students continue a long tradition
States results from cancer. Today, more than pay for transportation, rent, food, clothing, of success for Findlay High School in this
two-thirds of cancer cases strike people over healthcare, and other necessities. competition. I commend them for their hard
the age of 65, and the number of Medicare However, many government and public workalong with the efforts of their teacher
beneficiaries is projected to double in the com- service jobs do not provide this level of pay to Mark Dickman, who helped them prepare for
ing years. Last year approximately 138,680 the local, state, and national competitions. In
starting lawyers. Some locales can only afford
people in California were diagnosed with can- addition, I salute the tireless work of Jared
to pay starting attorneys $36,000 a year (even Reitz, the state coordinator for We the People,
cer and another 55,960 lost their battles with while the top New York law firms pay their
this terrible disease. and district coordinator Libby Cupp.
starting attorneys $140,000 or more). Its no Madam Speaker, all of Ohio can take great
Since 1975, the Oncology Nursing Society surprise, then, that an entire generation of pride in the performance of these scholars,
(ONS) has been dedicated to excellence in bright young people cant afford to consider who are excellent role models for their peers.
patient care, teaching, research, administra- the possibility of becoming a district attorney They are perfect examples of all that is right
tion, and education in the field of oncology. or a public defender. in our education system today, and are to be
ONS is the largest organization of oncology commended for a job well done.
That is why I am pleased to join the Amer-
health professionals in the world, with more f
than 35,000 registered nurses and other ican Bar Association, the National District At-
health care professionals. The Societys mis- torneys Association, and the National Legal TRADE AND LABOR
sion is to promote excellence in oncology Aid and Defender Association in support of
this important bill, which will provide student SPEECH OF
nursing and quality cancer care. I am pleased
that ONS has 19 chapters in California which loan repayment assistance to borrowers who HON. LINDA T. SANCHEZ
support oncology nurses in their efforts to pro- remain employed for at least 3 years as state OF CALIFORNIA
vide high quality cancer care to patients and or local criminal prosecutors or state, local, or IN THE HOUSE OF REPRESENTATIVES
their families throughout our state. I commend federal public defenders.
Monday, May 21, 2007
ONS and its members for their steadfast com- We want and need the best and brightest to
Ms. LINDA T. SANCHEZ of California. Mr.
mitment to improving and ensuring access to join these professions. Indeed, public trust in Speaker, I am pleased to join my colleagues
mmaher on PROD1PC70 with CONG-REC-ONLINE

quality cancer care for all people with cancer. the justice system requires trust in the attor- in addressing the House and the American
I am proud to support the goals and ideals neys tasked with prosecuting and defending people regarding our trade policy and its effect
ONS and I urge my colleagues to join me in the accused. I am proud to support local and on working families.
recognizing oncology nurses for their commu- state attorneys in enforcing their laws and Id like to thank my colleague, PHIL HARE,
nities not only in May, but year-round. proud to support this bill. who organized this special order debate and

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

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E1124 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
who is an active member of the Congressional agreements possible, so long as they rely on I challenge Republicans and Democrats,
Labor and Working Families Caucus and the this Administration to enforce the labor and employers and employees, all those who care
House Trade Working Group. environmental standards they contain, they about shared prosperity in this country, and
On May 10, the Administration and Mem- are not worth the paper they are written on. not just the rich getting richer, to work together
bers of this House announced a New Policy This Administration has failed to protect to embark on this entirely new journey to fair
on Trade. workers here in the United States. The BP trade.
Its about time. Democrats have been calling Texas City explosion, the Sago Mine Disaster, f
for a new direction in trade for years. Finally, and the 9/11 first responders and clean-up
the Administration appears to be listening to workers who have developed serious breath- COMMEMORATING AZERBAIJANS
these calls for improved provisions to protect ing ailmentsthese are just the most noto- REPUBLIC DAY
workers, their families, and the environment. I rious examples of this Administrations relin-
applaud the baby steps the Administration has quishment of its responsibilities to provide HON. DAN BURTON
taken. But the Administration needs to take even the most basic protection to workers: the OF INDIANA
giant leaps to improve on its current, failing right to work in a safe environment. IN THE HOUSE OF REPRESENTATIVES
approach to trade. And thats not even mentioning the Adminis- Tuesday, May 22, 2007
This new deal on trade covers changes to trations opposition to increasing the minimum
certain provisions of the Bush-negotiated Free Mr. BURTON of Indiana. Madam Speaker, I
wage, to protecting pensions and Social Secu- rise as a senior member of the House Foreign
Trade Agreements, FTAs, with Peru and Pan- rity, and to ensuring that workers have the Affairs Committee and member of the House
ama. Though we have seen outlines and sum- right to organize. Azerbaijan Caucus, to honor the people of the
maries of this new deal on trade, we have The Bush trade deal would give private cor- Republic of Azerbaijana strong strategic
not seen the final, legal text. Yet we have porations the ability to take action on their own partner and ally not only to the United States
been asked to trust the Administrations prom- to protect their rights. It would not, however, but also among the democratic nations of our
ises and support this new deal. extend that same power to workers, who
To those of us in Congress who have been worldas they prepare to celebrate Republic
would have to rely on the Bush Administration Day on May 28.
working to champion the rights of American to do that for them. Republic Day commemorates the day Azer-
working families and begin a new approach to Trust this Administration to protect working baijan first declared independence from the
trade, the Administrations promises sound American families? I dont think so. This new Russian Empire in 1918becoming the first
awfully familiar. trade deallike the previous bad dealsis a ever Muslim democratic republic. Although the
And when I say awful, I mean awful. one-sided raw deal for workers.
Each time this Administration has presented Azerbaijan Democratic Republic only lasted 2
Were continually told that NAFTA-style free short years, succumbing to Soviet forces in
one of its trade schemes to Congress, it has trade will create more wealth in all the coun-
promised us that the agreement includes all 1920, in its 2 years of independence Azer-
tries involved. Yet NAFTA-style free trade has baijan made great strides in areas such as
sorts of so-called innovative worker protec- meant the loss of jobs as those jobs have
tions. We heard this over and over again dur- state building, education, and economic
been shipped overseas. growth. The Azerbaijan Democratic Republic
ing the debate on the Central American Free Just as trickle-down economics proved to be
Trade Agreement. was even ahead of the United States in terms
a failure at lifting people out of poverty, the
But the fact is, no matter what label you use of granting suffrage to women; which didnt
current free trade model has also proved to be
to describe them, the so-called labor protec- happen here in the U.S. until 1920.
a failure. Since NAFTA, the real income of Azerbaijans second opportunity for freedom
tions in CAFTA were disappointingly weak. working families has been on the decline or
For example, under CAFTA, countries can and independence began in 1990 when
stagnant at best. Azerbaijanis began openly gathering in protest
down-grade their own labor laws, without fac- The middle class is getting squeezed from
ing any trade penalties or sanctions. against Soviet rule. Tragically, January 1990
all directions. Downward pressure on wages is
Allowing our partners in free trade deals to will forever be known to all Azerbaijanis as
being accompanied by higher health care
erode their own labor standards is unfair to Black January, as these peaceful demonstra-
costs, higher gas prices, and higher education
our workers here at home, who cant possibly tions were crushed by Soviet intervention at a
costs.
compete with workers who are denied basic Its high time to develop a new trade policy cost of over a hundred and thirty civilians
workplace rights, who are paid two dollars a that works for working families. American lives.
day, or who face forced laboras our own Yet even in the face of such brutality
workers came out in droves in the last elec-
State Department reported was the case in Azerbaijanis never gave up their dream of
tion, and they voted for a new majority. As
Oman. freedom and independence and following the
part of the new majority, we owe it to them to
CAFTA passed the House by the narrowest final collapse of the Soviet Union, Azerbaijan
stand with them for fair trade. To stand with
of margins at a time when it was Republican quickly declared its re-independence.
them in creating a new America. By August 30, 1991, a free Azerbaijans
controlled. You would think that the Adminis- This is possible.
tration would have gotten the message that it Fair trade is an option. Parliament adopted the Declaration on the
needed to do better. If we stand united for working Americans, Restoration of the State of Independence of
You would think the Administration would we can deliver a real new deal on trade, not the Republic of Azerbaijan, and on October
have realized that from then on, it should in- warmed over hash masquerading as caviar. 18, 1991, the Constitution was approved.
clude more of us in the process and work out You know the old saying about putting lipstick Having lived under Soviet rule, the people of
a different type of trade deal. on a pig? Well, I smell bacon. I dont have to Azerbaijan have a great appreciation of living
But unfortunately no one was listening. read the complete text of the deal to read be- in a democratic civil society and since its re-
Since CAFTA, weve seen the same weak tween the lines. independence, the Republic of Azerbaijan has
labor provisions in the Oman FTA. The bottom line is this: minor adjustments to been an invaluable ally in the Global War on
And now we are asked to have faith that the NAFTA-style deals are not good enough. Terror; committing both their human resources
Administration has really turned over a new No more agreements based on the failed and their leadership to the fight. Azerbaijan
leaf? That enforceable labor and environ- NAFTA model. was among the first nationsMuslim and non-
mental standards will be included in the text of No more Fast Track trade negotiation au- Muslinto offer unconditional support to the
the Peru and Panama agreements? thority. United States in the war against terrorism;
I have faith in many things, but not in these We cannot give this Administration or future providing airspace and the use of its airports
promises. ones a blank check on trade deals that dev- for Operation Enduring Freedom in Afghani-
This Administration has lost my faith. It has astate our communities. stan. Today, Azerbaijan peacekeeping troops
lied too many times, about too many things: Trade can benefit our economy and the continue to serve with distinction in Kabul
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that Iraq posed an imminent danger, that the economies of our trading partners. We can ne- under the leadership of the International Secu-
mission in Iraq was accomplished, that at least gotiate deals that create new markets, bring- rity Assistance Force.
nine U.S. attorneys were fired because they ing new jobs and new prosperity. We can Azerbaijanis have also fought shoulder-to-
were incompetent, that the air around ground achieve significant new foreign market access shoulder with our troops in the second front in
zero was safe to breathe, that we have not and reduce our trade deficit. the war against terrorism, Iraq. In fact, Azer-
been experiencing any change in our climate. But to do so, we must embark on a new baijanin another firstwas the first Muslim
Perhaps more importantly, even if these path. Not a slight detour from our current di- nation to join the Coalition and send troops to
agreements are the best written, fairest trade rection. Iraq.

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1125
Finally, Azerbaijan has joined all 12 inter- shot with Indian Army bullets. The orders for THE SIKH EDUCATIONAL TRUST,
national conventions on counter-terrorism and that operation were given in January 1984, ac- INTERNATIONAL JOURNAL OF SIKH
continues to support regional cooperation on cording to the Sikh Bulletin, OctoberNovem- AFFAIRS,
Edmonton, Alberta, Canada, May 9, 2007.
fighting terrorism through numerous local ber 1985. The Air India operation was part of Ret Air India Flight 182 (TorontoMon-
agreements as well as its participation in the that campaign. In addition, the newspaper trealLondonDelhi),
activities of regional organizations such as Hitavada reported that the Indian government June, 23 1985: Enquiry of Justice John Major
NATO, the Organization for Security in Europe paid the late governor of Punajb, Surendra DEAR SIR, My writing to you relates with
and others. Nath, the equivalent of $1.5 billion to foment some minor and major comments related to
Azerbaijan has also assumed an important terrorist activity in Punjab and Kashmir. the subject, and also on Air Indias Shared
political role in the fight against terrorism and Tragedy Lost in the SILOS between two na-
Dr. Sekhon refers to the first hijacking of an tions by George Abraham (The Edmonton
tyranny. As a founding member of the GUAM
Air India plane by two Brahmin brothers Journal, 8th May, 2007).
Organization for Democracy and Economic I would like to comment on Abrahams
named Pandey to secure Indira Gandhis re-
Developmentwhose namesake members in- writing Prime Minister (Brian) Mulroney
lease from jail. He notes the penetration of
clude Georgia, Ukraine, Azerbaijan and had telephoned his condolences to his Indian
Canada by Indian intelligence in the 1980s. counterpart, Rajiv Gandhian act that was
MoldovaAzerbaijan has been a leading
voice on enhanced regional economic co- The letter cites both Zuhajr Kashmeri and based on a fundamental misunderstanding of
operation through development of a Europe- Brian McAndrews excellent book Soft Target who, exactly, had been victimized, and who,
and former Canadian Member of Parliament in fact, was to blame. Mr. Abraham seems
Caucasus-Asia transport corridor; and a to be in the grip of part of the problem. As
facilitator for discussion on various levels of David Kilgours book Betrayal: The Spy That
a Canadian national and belonging to the Ca-
existing security problems, promoting conflict Canada Forgot. Both show Indias responsi- nadian Sikh community, it appears to me
resolution and the elimination of other risks bility for the bombing. Kashmeri and that telephoning to the prime minister of a
and threats, such as illegal trafficking and bor- McAndrew cite the Canadian Security Intel- country, which had betrayed Canada and the
der security. ligence Service (CSIS), which said, if you international community in 1974 (explosion
I believe that the past several years have really want to clear the incidents quickly, take of a nuclear device prepared from the by-
vans to the Indian High Commission and the product of a Candu reactor technology for
proven that the people and government of
peaceful and medical purposes) by the Right
Azerbaijan are committed to democracy. They consulates in Toronto and Vancouver, load up
Hon. Prime Minister of Canada was far more
have taken a bold and courageous stand for everybody and take them down for ques- important than about 90 percent of the Cana-
freedom and democracy by committing troops tioning. We know it and they know it that they dian passengers of the ill-fated aircraft. It,
and resources to the fights in Afghanistan and are involved. certainly, is new information that has come
Iraq. They have expended their political capital Kilgour writes that a Canadian-Polish double out in Justice Majors enquiry. What a pity
to bring different nations together in their re- our Canadian prime minister, who put Rajiv
agent was approached by an East German
gion, and abroad, to peacefully organize and Gandhi first rather than thinking and offer-
named Udo Ulbrecht, who was working with ing his condolences to the Canadian Sikhs
build, through democratic institutions and com- people affiliated with the Indian government, to and the victimized families. This act of
merce, a safer world. participate in a second bombing, but he de- Prime Minister Mulroney will never be for-
Madam Speaker, I would ask all of my col- clined to be part of it and the plot never came gotten by the Canadian Sikhs. Earlier, his
leagues to join me now to thank the people of off. Dr. Sekhon rightly asks why neither predecessor, Charles Joseph Clark, had said
Azerbaijan for their friendship, to congratulate Kashmeri, McAndrew, nor Kilgour has been to the journalists that if you want more in-
them on the 89th Anniversary of Republic Day asked to testify in the current inquiry. He also formation about Sikhs, go and call these
and to renew our commitment to further de- numbers (of the Indian Consulate Toronto
requests that the Indian diplomatic and intel-
velop and strengthen the bonds between our and High Commission in Ottawa): What an
ligence personnel who were declared persona unacceptable act of the prime minister, who
two peoples. non grata in Canada in the wake of the Air hands out the telephone numbers of a foreign
f India bombing be summoned back to testify mission to get information about Canadian
AIR INDIA INQUIRY QUESTIONED before the inquiry. Sikhs. Should we, the Canadian Sikhs who
have been in Canada over a century, imply
He notes the mass killings of Sikhs, Chris-
that our Canadian administration has no
HON. EDOLPHUS TOWNS tians, Muslims, Assamese, Tamils, and other idea of its Sikh Canadians; or, a foreign mis-
OF NEW YORK
non-Brahmin minorities by the Indian govern- sion in Canada has more information about
ment Their effort to portray the Sikhs, espe- the Canadian Sikhs, especially when the In-
IN THE HOUSE OF REPRESENTATIVES
cially those who speak out peacefully and dian Constitution 1950, Article 25, has elimi-
Tuesday, May 22, 2007 democratically for an independent Khalistan, nated the Sikh Identity and Sikh Faith.
Mr. TOWNS. Madam Speaker, recently a as terrorists is a pretext for this ethnic cleans- The latter is one of the six major faiths of
ing. our world.
Canadian writer and editor named Dr. Awatar Does George Abraham know that Mani
Singh Sekhon, Managing Editor of the Inter- He quotes my colleague, the gentleman Shanker Iyer, an Indian diplomat, said, In
national Journal of Sikh Affairs, wrote a de- from California, who said in this chamber that early 1984, to the hearing of all, mentioned
tailed response to an article about the 1985 for Sikhs and Kashmiris, India might as well that at the instance of Indira Gandhi, he was
Air India bombings. As you know, those bomb- be Nazi Germany. The late General Narinder given an unpleasant job of portraying Sikhs
ings continue to be controversial more than 20 as terrorists. A few days later, Iyer stated
Singh said that Punjab was a police state.
years later and the Canadian government is that, against his wishes he had done the
This has been an extension of the India gov- job? This was before Operation Bluestar,
launching yet another inquiry into the matter. ernments strategy that was outlined in a the orders for which had been delivered in
Dr. Sekhons quite comprehensive letter, memo in 1947 in which Indias first Home Min- January 1984 (The Sikh Bulletin, October
which was written in response to an Edmonton ister V.B. Patel described the Sikhs as a law- November 2005, p. 11; editor@sikhbulletin.com).
Sun article, is very detailed. It makes a very less people and a criminal tribe. In other Based on the two previous enquiries and
strong argument and brings up a lot of very words, the Indian government was trying to the present one which is going on, it appears
important information on the case. Before I put to me that nothing extraordinary will come
discredit and destroy the Sikhs almost from
it into the RECORD, I will attempt to summarize from these enquiries, because the major
the moment of independence. things which might yield substantial infor-
the highlights.
Madam Speaker, the time has come to stop mation and which might reveal the real
Dr. Sekhon points out that Indian diplomat cause of the Air India Explosion of Flight
Mani Shankar says that in 1984, the year be- our aid and trade with this repressive regime
and to demand self-determination for the 182 will never find a place in the enquiry
fore the bombing, the Indira Gandhi govern- that is going on. Some of the points that, as
ment in India commissioned him to portray Sikhs of Punjab, Khalistan, the Muslims of
I believe, have not been discussed so far, are
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Sikhs as terrorists. This directive occurred Kashmir, the Christians of Nagalim, and all the summarized below:
before Operation Bluestar, the June 1984 at- people seeking freedom in South Asia. The 1. Why Mr. Zuhaire Kashmeri and Mr.
tack on the golden Temple in amritsar (the essence of democracy is the right to self-de- Brian McAndrew, two Canadian journalists,
termination, not an ongoing half-century effort who gave their views in their title, Soft Tar-
seat of Sikhism) and several other Sikh
to kill your minority citizens. get Indias Intelligence Service and its Role
Gurdwaras around Punjab, in which 20,000 in The Air India Disaster 1989 first ed. and
Sikhs, including over 100 Sikh youth ages 8 to I would like to place Dr. Sekhons letter into 2005 second ed. ISBN 10:1550289047 and 13:
13, were killed and the Sikh holy scripture, the the RECORD at this time for the information of 9781550289046, have not been called to tes-
Guru Granth Sahib, was desecrated by being my colleagues. tify before the enquiry commission?

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E1126 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
2. Why Hon. David Kilgour, former member on the 15th of August, 1947. It should also be Brahmins, Hindus and pro-Brahmins (3+12=15
of parliament, Speaker of the House of Com- noted that there did not exist the word percent), deceived and betrayed the Sikhs of
mons, former Secretary of State for Asia and India in any dictionary or Encyclopedia of the Sikh Raj of monarch Ranjit Singh,
Africa, and the author of the title BE- the English language until the British agent robbed them from their land (partitioned on
TRAYAL THE SPY CANADA ABANDONED made the annexation of The Sikh Raj to the the 15th of August, 1947) in the day light,
1994 Prentice Hall Canada Inc., Scarborough, British Empire on the 29th of March, 1849. As along with the Sovereign people of states
ON ISBNO133256979, the title that con- such, the existence of the Indian nation- like Assam, Jammu and Kashmir,
tained Chapter 9 and 10, A Bizarre Episode in ality until the 29th of March, 1849, was out Hyderabad, Faridkot (now in Punjab),
Rome and A Battle For Canada, pp.129163, of question. The Sikhs were never Indian Bikaner (now in Rajasthan), Dalits (who are
has not been asked to testify? Hon. Kilgour nationals, as evident from the Indian Con- still used to remove the human waste from
writes One day, while reading a German stitution 1950, Article 25. The Constitution the households and public places of India),
newspaper, I spotted the photograph and de- which Sikhs elected representatives re- Adivaasis, etc.
scription of a wanted terrorist. I would have jected in its draft and final forms in the In- 5. The journalists and writers like Kim
known that face anywhere. It was the man dian parliament in 1948, the 26th of Novem- Bolan, George Abraham, Martin Collacott,
who had conducted the meeting in Rome, ber, 1949, 1950 and more recently on the 6th of Ian Mulgrew, Bharti Mukeherjee, Clark
plotting to bomb some Air India flight. I was September, 1966. The Canadian news media, Blaise, Bill Moyer, etc., are virtually devoid
quite positive it was him; his name was Udo along with the international news media and of the Sikhs history from the Sikhs point
Ulbrecht or Albrecht, wanted for many ter- major democratic administrations like the of view. They are known as staunchly anti-
rorist attacks and kidnappings in West Ger- United Kingdom., Canada, United States, Sikh writers and do not get along with the
many and Western Europe. I was upset by Australia, etc., never paid any attention on Canadian and/or American Sikhs, simply be-
the whole thing and decided I wanted out of the Sikhs Struggle for Independence for cause they are devoid of the Sikh history.
West Germany as soon as I had done my the reason only known to themselves. Vol- Indeed, they are well known anti-Sikh writ-
time. In Hon. Kilgours title, he further umes of books and tens of tons news dis- ers. Why are they anti-Sikhs and write
writes He was greeted in English, heavily patches have been made by the journalists against the Sikhs, it is only known to them.
accented with German, and led into a larger virtually devoid of the Sikhs Struggle for They cannot exonerate themselves from the
room where a number of men were already Sovereignty and Sikhs status in the Indian anti-Sikh renowned journalists or writers
seated and smoking. There were two Sikhs Constitution 1950 Article 25. which pro- for the reasons only known to them.
wearing traditional turbans, another pair claimed the alleged Indian state as the Re- 6. Madam Kim Bolan and other Canadian
who looked Italian, Paszkowski and the Ger- public of India. journalists, with the exception of well re-
man, who chaired and greeted them in Under the umbrella of democracy (or spected Zuhaire Kashmeri and Brian
English as all of them spoke the language Brahmins autocracy), India has killed more McAndrew, never understood the Canadian
with differing levels of fluency. The German than 2.3 to 3.2 million Sikhs; over 500,000 Sikh psyche. Why is it so? Only Madam Kim
spoke of the need for international co-oper- Muslims in general; more than 100,000 Mus- Bolan, other journalists and one Narula of
ation and how important the mission was for lims of the Internationally Disputed Areas of the Asia Watch may explain their position, if
each of their respective governments. He Jammu and Kashmir; over 300,000 Christians; they so desire.
stressed that the group must work closely tens of thousands of Dalits; 15,000 Tamils, 7. It goes without doubt that Indian intel-
together. Some of the tasks, he said, thousands of Assamese and other non-Brah- ligence penetrated Canada in 1980s. This was
might appear strange or even incomprehen- min, non-Hindu minorities, since 15th Au- done to provide cover for the Indian adminis-
sible to you. Dont worry about that. Let it gust, 1947. What kind of democracy in India trations intended attack on the Sikhs
be the concern of those who sent you here. is this which kills its own citizens? There are Darbar Sahib Complex (mistakenly known as
Your role is to carry out orders to the letter other democracies in our world, like the the Golden Temple Complex), which includes
without asking questions. Everyone sat United States, Canada, United Kingdom, the Supreme Seat of Sikh Polity, The Akal
quietly and listened intently. The job at Australia and others. Has anyone of these Takht Sahib, Amritsar, in the name of a bru-
hand is, with the use of explosives, to blow countries killed its own citizen(s)? How tal Indian military Operation Bluestar of
up an Air India plane in Europe. Lives will many Brahmins, Hindus or pro-Brahmins June, 1984. This was not only an undeclared
be lost but we must not think about it . . . India and its armed forces killed since its in- war on the Sikh Nation, Punjab, but it was
Each of you will be supplied with documents ception? carried out to Exterminate The Sikh Iden-
allowing you to move freely in Europe, weap- I would like to hear from the journalists tity and The Sikh Faith. One may ask the
ons, explosives, money and detailed instruc- like Madam Kim Bolan on the genocides of question did Indian administration succeed?
tions. I will meet with each of you person- the Sikhs, Muslims, Christians, Kashmiris The answer is No; it failed miserably. Their
ally to supply you with all these. Wait for and other non-Brahmin and non-Hindu mi- penetration made the life of the Sikhs of
me and be prepared for action at any time. norities carried out by the Indian democ- Canada no less than a hell. Did anybody, es-
3. Under the guise of Democracy, the In- racy? Does she have any information or has pecially the Canadian journalists, with two
dian administrations of post-15th of August, she written even a single word on India car- exceptions, pay any attention to Sikh na-
1947 era ((JL Nehru to Manmohan Sinh) and rying out genocides of non-Brahmin and non- tionals of Canada? Every Sikh, who is the
before becoming the political masters of the Hindus since the 15th of August, 1947? Or, follower of the Sikh religion, believes in the
British Empire later known as the British else she loves writing against the Sikhs. Canadian way of life, Canadian law, Cana-
India Empire, the Brahmins/Hindus (neither For Madam Kim Bolan and her national dian policy of multiculturalism provided by
a religion nor a culture; see Dalit Voice, and international colleagues written specifi- the administration of the Right Honourable
Dalit Sahitya Akademy, Bangore, and other cally or generally on the fake hijacking Pierre Elliot Trudeau and Canadian values.
Sikh and non-Sikh academics), betrayed the carried out by the RAW of India (they must Whereas, the Indian administration delib-
international community and the Sikhs of examine the archives of the All India Radio, erately made the Sikhs as terrorists; on the
Punjab, now the State of Punjab (under the if they pretend to be unaware of the activi- 10th of October, 1947, just 7-weeks post of the
occupation of the alleged Indian democracy, ties of the Indian personnel of RAW and 15th of August, 1947; the Indian administra-
since the 15th of August, 1947). It must be other agencies). tion of JL Nehu and VB Patel and their man,
noted that the Sikh Raj of monarch Ranjit The author was wondering if Madam Kim Chandulal Trivedi in Punjab declared the
Singh, 1799 to 14th March, 1849, was the first Bolan and her journalistic colleagues know Sikhs as lawless people in a secret memo.
Secular and Sovereign country of South that the first hijacking of South Asia was The writer is citing only a few major points
Asia. The Sikhs lost to the British Empires carried out by two Brahmin brothers (the out of numerous.
forces led by General Gilbert on the 14th of Pandey brothers), to secure the release of 8. Considering the penetration of Indian in-
March, 1849. As such, the Struggle To Re- their Congress leader Indira Gandhi from a telligence in 1980s, not only the RAW per-
gain Their Lost Sovereignty, Independence jail. Indira Gandhi awarded them, the sonnel (Research and Analysis Wing), but the
and Political Power of the Sikhs began, by Brahmins, with her Congress nominations Indian administration made use of Sikhs, es-
peaceful means taught by their 10 Masters/ to the UP Legislative Assembly. These pecially Akalis like Gurcharan Singh Tohra,
Gurus (from Guru Nanak Sahib to Guru criminals were made the law makers. When Harchand Longowal, Balwant Ramoowalia,
Gobind Singh ji) right on the day they lost criminals are made the law makers inten- Prakash Singh Badal, Balwant Singh, Dr
to the British Empires forces. The new tionally, then what could be expected in a Jagjit Singh Chohan (now deceased), Maj-
territory of the British Empire remained democratic country, so to speak? Gen Jaswant Bhullar, M S Sidhu, Didar
status less but on the 29th of March, 1849, Madam Kim Bolan and other journalists Singh Bains of the United States, Prabhu
mmaher on PROD1PC70 with CONG-REC-ONLINE

the British agent made a proclamation that must read Congressman Dan Rohrabacher of Dayal Singh, Harjinderpal Singh Nagra and
the newly conquered Sikh Raj is annexed Californias remarks appeared in the United Akalis (correspondence between R K Dhawan
but not amalgamated to the British Em- States Congressional Records of the House of of 1, Safdarjang Road, New Delhi; the 30th of
pire for the administration purpose only. It Representatives that For the Sikhs, Chris- JanuaryApril 25, 1984; please see
should be noted that the status of the Sov- tians, Muslims and other non-Hindu minori- Chakravyuh Web of Indian Secularism by
ereign and Secular Sikh Raj of Monarch ties, India might as well be a Nazi Ger- Gurtej Singh 2000 ISBN8185815143).
Ranjit Singh remained as annexed terri- many. When democratic administrations employ
tory and not the art of India under British 4. A community, which is less than 15 per- their state intelligence against their own
Empire or the time British exit from India cent of the total population of India, i.e., the citizens, then what is the guarantee that any

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1127
individual or state appointed commission CONGRATULATING ROMAN YAVICH man was caught with a revolver at the Akal
will find a way to deliver its just judgment? Takht Sahib. His revolver fell on the ground.
He was manhandled by the Sikhs there.
I could write more but I should conclude
my writing by elaborating that (i) the Indian
HON. THOMAS G. TANCREDO No one is allowed to take firearms inside
OF COLORADO the Golden Temple. By doing so, this police-
missions employees/intelligence workers,
who have since been declared persona non IN THE HOUSE OF REPRESENTATIVES man violated the Maryada of the Golden
grata or left Canada should be summoned Wednesday, May 23, 2007 Temple. The shameful Akali government has
back by the commission to question them. I allowed undercover policemen to desecrate
Mr. TANCREDO. Madam Speaker, I rise the Golden Temple. The Khalsa Panth con-
have my doubts that the Diplomatic Immu-
nity may play its stumbling blocks role and
today to pay tribute to one of my constituents, demns this with full force.
nothing constructive will come out from any Mr. Roman Yavich of the University of Colo- Chief Minister Parkash Singh Badal should
commission; (ii) the Indian administrations rado, Boulder. Mr. Yavich is an economic de- be removed from his position and the Akal
notoriousness is responsible for the Air India velopment student and is a recipient of the Takht Jathedar should censure him for his
disaster of 1985; (iii) in fact, there should be prestigious Fulbright Award. This grant is sacrilege and violating the Rehat Maryada of
an International Commission to explore and given to promising individuals to aid them in the Akal Takht.
examine the terrorism, persecution, atroc- The Indan government is determined to de-
their academic and cultural pursuits abroad. stroy the Sikh religion by any and all
ities, human rights violations, and genocides The Fulbright Program was established by
committed by the democratic India. I am of means. They are trying to create sects in the
Congress in 1946 and is sponsored by the Sikh religion, such as Dera Sucha (Jhutha)
the opinion that Sirdar Gurtej Singh, IAS & U.S. State Department. This program was de-
IPS (formerly), Professor of Sikhism and Sauda, Nirankari, Radswami, and other such
signed to help build mutual understanding be- cults. After Guru Gobind Singh there is no
Editorial Advisor of the International Jour-
nal of Sikh Affairs ISSN 14815435 may shed tween Americans and the global community. living guru, as the heads of these sects claim
much needed light to the Commission of Jus- Individuals who are awarded this distinction to be. That is contrary to the Sikh religion.
tice John Major. All in all, Indian adminis- have demonstrated outstanding academic or It is blasphemous. These Deras are a cancer
trations have been responsible not only of professional achievement and have proven on the Sikh religion. They must not be al-
lowed to spread their cancer and the violence
the Air India Flight 182, but also of other hu- themselves as leaders in their field.
that they bring among the Sikhs.
manitarian problems, such as Manorama of Madam Speaker, please join me in paying Guru Gobind Singh Sahib bestowed the
Assam, who was raped by the Indian Armed tribute to Mr. Yavich and wishing him the best guruship on the Guru Granth Sahib and for
personnel in Assam (Assam situation dis- in his future endeavors. political decisions transferred power to the
cussed at the 5th United Nations Human
Rights Council, Geneva, Switzerland in f Panj Piaras (the Five Chosen Ones.) This
desecration of Sikhism cannot be allowed to
March 2007). INDIAN POLICEMAN IN GOLDEN continue. It will only stop when we free
Best wishes and warmest regards. TEMPLE WITH A REVOLVER Khalistan from Indian occupation.
Sincerely, Badal blames Captain Amarinder Singh for
AWATER SINGH SEKHON,
Managing Editor and Acting Editor in Chief.
HON. EDOLPHUS TOWNS this situation. He cannot shirk his own re-
sponsibility. As Chief Minister, he is respon-
OF NEW YORK
sible for law and order. He should prosecute
IN THE HOUSE OF REPRESENTATIVES
f this baba and such cult leaders and close all
Wednesday, May 23, 2007 Deras in Punjab. If he wont do it, the Khalsa
PERSONAL EXPLANATION Mr. TOWNS. Madam Speaker, Indian po- Panth will and we will find new leaders who
can serve the interests of the Khalsa Panth,
liceman in temple with revolver is not the solu-
not the Indian government.
HON. KENNY C. HULSHOF tion to a game of Clue, its the latest outrage Sikhs should have known better. In 1984, it
OF MISSOURI
out of India. As we approach the 23rd anniver- was this Akali party and this Akali leader-
sary of Indias brutal military attack on the ship of Badal, Tohra, and Longowal who in-
IN THE HOUSE OF REPRESENTATIVES Golden Temple, the center of the Sikh culture vited the Indian army into the Golden Tem-
Tuesday, May 22, 2007 and religion, an undercover Indian policeman ple. If anyone attacks the Golden Temple,
was found carrying a revolver into the Golden Sikhs can never forgive or forget it. The
Mr. HULSHOF. Madam Speaker, unfortu- Temple, where these kinds of weapons are Congress Party attacked the Golden Temple;
nately, I missed last nights rollcall votes. Had prohibited. It was discovered when the gun fell they should not be supported by the Khalsa
I been present, I would have voted aye on Panth. It was the Akalis who invited them
out of his pocket. I shudder to think what he in. They should also be rejected. We need
H.R. 698, the Industrial Bank Holding Com- may have been intending to do with it. new Sikh leadership which can deliver a sov-
pany Act of 2007 and aye on H.R. 1425, to The chief minister of Punjab, Paraksh Singh ereign, independent Khalistan to the Sikh
designate the facility of the United States Badal, did nothing about this outrage because Nation.
Postal Service in Odessa, Texas, as the Staff he is in bed with the Indian Government and Power resides in the Khalsa Panth. Sikhs
Sergeant Marvin Rex Young Post Office in opposition to his Sikh constituents. This in Punjab must shoulder their responsibility.
Building. desecration of the Golden Temple is out- Get rid of the present Akali leadership and
rageous and a reminder that India remains an establish a new Sikh leadership. If we do not,
f if we let this leadership linger, our misery is
occupying power in the Sikh homeland, Pun-
prolonged and the Sikh Nation suffers more.
jab, Khalistan, which declared its independ- It is time to stand up and free the Sikh
ON MOTION TO TABLE THE RESO- ence on October 7, 1987.
LUTION RAISING A QUESTION OF homeland, Punjab, Khalistan.
The Council of Khalistan has published an In 1986, the Sarbat Khalsa was called. The
THE PRIVILEGES OF THE HOUSE open letter deploring this desecration of the Sarbat Khalsa formed the Panthic Com-
Sikh nations most sacred site. It notes that mittee under the leadership of Baba
HON. EARL BLUMENAUER this is part of the Indian Governments ongo- Gurcharan Singh Manochahal (who was later
murdered by the Indian government.) It
OF OREGON
ing effort to destroy the Sikh religion and de-
mands that the jathedar of the Akal Takht, passed a resolution for Khalistan on April 29,
IN THE HOUSE OF REPRESENTATIVES 1986. The Panthic Committee formally de-
Joginder Singh Vedanti, censure chief Minister
clared independence on October 7, 1987. It es-
Tuesday, May 22, 2007 Badal for his part in allowing this to occur. tablished the Council of Khalistan at that
We cannot continue to support such actions. time to serve as the government pro tempore
Mr. BLUMENAUER. Madam Speaker, I do They violate the fundamental religious free- of Khalistan and appointed this humble
not support the motion to table the Resolution dom that all free people enjoy. We must take sewadar as President of the Council of
regarding Representative MURTHA. My vote is strong action. Cutting off aid and trade until Khalistan.
not a statement of judgment on the allegations these kinds of atrocities end would be a good For the past 20 years, I have worked very
since I dont know the facts about what hap- first step. And we should demand a free and hard, along with all the advisors and sup-
mmaher on PROD1PC70 with CONG-REC-ONLINE

pened, and thats exactly the point. The issue fair vote in Khalistan, in Kashmir, in Nagaland, porters of the Council of Khalistan, to
deserved debate or a referral to the Ethics achieve our objective of sovereignty for
and wherever the people seek freedom on the
Committee. If Tom DeLay had been accused Khalistan. Any major event in Punjab since
subject of independence. Self-determination is 1984 has been documented in the Congres-
of threatening a Democrat on the House floor, the essence of democracy. sional Record in statements by various Mem-
I would expect the same. A discussion of a INDIAN POLICEMAN CAUGHT AT AKAL TAKHT bers of Congress. We thank them for their
potential violation of House Rules is in order SAHIB WITH REVOLVER support for the independence of Khalistan.
if we are going to be the most ethical and Just a few days ago, the Tribune of Congressional hearings were held in the U.S.
transparent Congress in history. Chandigarh reported that an Indian police- Congress by Rep. Ben Blaz, Rep. Dan Burton,

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E1128 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
and others on human-rights violations and One of the airports functions is to serve as Sant Jarnail Singh Bhindranwale, who was
the independence of Khalistan. Special or- a reliever airport for the Greater Rochester killed in the attack, predicted, it laid the foun-
ders of the U.S. Congress on human-rights area. The airport is also utilized by local indus- dation for the liberation of the Sikh homeland,
violations and the independence of Khalistan Khalistan.
tries as well as the United States Coast
have been conducted. The Indian government
Guard. This brutal attack was a desecration of the
is trying to alter the Sikh history in Punjab
since 1984. They will not succeed because it On behalf of the citizens of the 25th Con- Sikh religion and culture and a bitter reminder
is preserved in the library of the U.S. Con- gressional District of New York, I congratulate that there is no place for Sikhs or other minori-
gress. It will lie there safely for a long time. the Williamson-Sodus Airport for its 50 years ties in Hindu India. They are simply used for
Students of history will find the true story of operation and achievements. the greater glory of the Brahmins.
of what happened to the Sikh Nation since The Council of Khalistan, which will be lead-
f
1984. ing a commemorative demonstration across
Khalsa Ji, the time has come for Sikhs to PERSONAL EXPLANATION from the White House on June 2, has pub-
unite and free Khalistan. Remember the lished an excellent open letter on the mas-
words of Guru Gobind Singh, I grant sov- sacre.
ereignty to the humble Sikhs. Freedom is HON. MICHAEL K. SIMPSON If we want to put an end to ongoing repres-
the birthright of all people and nations. It is OF IDAHO
sion, Madam Speaker, we should support
also granted by our Gurus. The Indian gov- IN THE HOUSE OF REPRESENTATIVES
ernment is so afraid that it is planting independence for all the nations of South
agents in Gurdwara committees and organi- Wednesday, May 23, 2007 Asia. We should go on record in support of a
zations that fight for Khalistan. It is cre- Mr. SIMPSON. Madam Speaker, on rollcall free and fair plebiscite, monitored, on the
ating Deras and planting agents in the Gold- question of independence for Khalistan, Kash-
No. 385, to suspend the rules and pass H.R.
en Temple to try to stoke violence. It is ar- mir, Nagaland, and all the nations of the sub-
resting Sikh activists for protesting a statue
1425, the Staff Sergeant Marvin Rex Young
continent. We should stop trading with India
of the repressive, murderous Beant Singh, Post Office Building, I was unavoidably de-
and providing it aid until it respects the basic
who was responsible for the murder of over tained and unable to vote. Had I been present,
right to self-determination and all human rights
50,000 Sikhs and the secret cremation of I would have voted aye. for all its people, whether Brahmin or Dalit,
their bodies by declaring them unidenti- f whether Hindu, Sikh, Christian, Muslim, or
fied, as well as the murders of Sardar
Jaswant Singh Khalra, who exposed that CONGRATULATING DARIA VAN whatever. We send India development aid,
brutal policy, and Jathedar Gurdev Singh TYNE Madam Speaker, and it puts just 2 percent of
Kaunke, or for making pro-Khalistani its development budget to education and just
speeches and raising the flag of Khalistan. 2 percent to health, but 25 percent to nuclear
Beware of Sikh leaders who do the bidding of HON. THOMAS G. TANCREDO development! Remember that India began the
the Indian government. OF COLORADO nuclear escalation in South Asia.
Just the other day in the Southall IN THE HOUSE OF REPRESENTATIVES 23RD ANNIVERSARY OF GOLDEN TEMPLE
Gurdwara in the United Kingdom, Sikh ATTACK
youth took control of the stage when the Wednesday, May 23, 2007
DEAR KHALSA PANTH: Next month marks
present management, which is under the Mr. TANCREDO. Madam Speaker, I rise the 23rd anniversary of the Indian govern-
control of the Indian Embassy, refused to do today to pay tribute to one of my constituents, ments brutal attack and desecration of
Ardas for Shaheed Bhai Kanwaljit Singh,
Ms. Daria Van Tyne of Vassar College. Ms. Darbar Sahib, the Golden Temple complex in
who was killed by followers of the cult leader Amritsar. Sikhs must never forget or forgive
Ram Rahim when he went to confront them. Van Tyne is a biology student and is a recipi-
ent of the prestigious Fulbright Award. This this atrocity. Remember that the Indian
We must replace these management commit- troops shot bullet holes into an original copy
tees with pro-Sikh, pro-Khalistani manage- grant is given to promising individuals to aid of the Guru Granth Sahib, written in the
ments. them in their academic and cultural pursuits time of the Gurus. They took over 100 young
Khalsa Ji, the time has come. Take respon- abroad. Sikh boys, ages 8 to 13, out into the court-
sibility and rise to the occasion. Work for The Fulbright Program was established by yard of the complex and asked them if they
the freedom of Khalistan so that the Sikh re-
Congress in 1946 and is sponsored by the supported Khalistan. When they answered
ligion can flourish and the Sikh Nation can Bole So Nihar, they were shot to death.
live with honor and dignity. Only then can U.S. State Department. This program was de-
signed to help build mutual understanding be- Thirty seven (37) other Gurdwaras were si-
the future of the Khalsa Panth be bright. Re- multaneously attacked. In all, more than
member the words of the former Jathedar of tween Americans and the global community.
20,000 Sikhs were killed in that operation.
the Akal Takht Sahib, Professor Darshan Individuals who are awarded this distinction This kind of brutality makes it clear that
Singh, that If a Sikh is not a Khalistani, he have demonstrated outstanding academic or there is no place for Sikhs in India.
is not a Sikh. Let us show true Sikh spirit. professional achievement and have proven Since that horrible four-day operation,
We must rise up and free Khalistan now. themselves as leaders in their field. which took place from June 3 through 6, 1984,
f Madam Speaker, please join me in paying over a quarter of a million Sikhs have been
tribute to Ms. Van Tyne and wishing her the murdered at the hands of the Indian govern-
HONORING THE 50TH ANNIVER- ment, according to figures compiled by the
SARY OF THE WILLIAMSON best in her future endeavors. Punjab State magistracy and human-rights
SODUS AIRPORT f groups. More than 52,000 are being held as po-
litical prisoners, according to a report by the
23RD ANNIVERSARY OF GOLDEN
HON. JAMES T. WALSH TEMPLE ATTACK
Movement Against State Repression. They
are held without charge or trail, many since
OF NEW YORK
1984. We demand the immediate release of all
IN THE HOUSE OF REPRESENTATIVES
HON. EDOLPHUS TOWNS political prisoners and a full accounting for
those who may have died in custody.
Wednesday, May 23, 2007 OF NEW YORK Instead, our highest institutionsthe
Mr. WALSH of New York. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES Golden Temple, the Punjab government, the
I rise today in honor of the 50th anniversary of Akali Dal, and othersremain under Indian
the Williamson-Sodus Airport. The airports Wednesday, May 23, 2007
control. Our homeland, Khalistan, remains
history dates back to May 9, 1957, when Mr. TOWNS. Madam Speaker, the begin- under Indian occupation 20 years after de-
members of the Williamson Flying Club, Inc. ning of June marks the 23rd anniversary of In- claring its independence from India. Half a
purchased a half-mile parcel of land in the dias military attack on the Golden Temple in million Indian troops continue to enforce the
Amritsar, which is the seat of the Sikh religion. peace of the bayonet in Punjab, Khalistan.
Town of Sodus. Remember the words of Narinder Singh, a
The Williamson-Sodus Airport was an It occurred from June 3 through June 6, 1984. spokesman for the Golden Temple, to Amer-
1,800-foot runway that was seeded in July Many other Sikh Gurdwaras were attacked at
mmaher on PROD1PC70 with CONG-REC-ONLINE

icas National Public Radio: The Indian


1957. Over the years the runway was up- the same time in what was known as Oper- government, all the time they boast that
graded and is now a 3,800 ft. hard-surface as- ation Bluestar, which killed over 20,000 Sikhs. they are democratic, that they are secular,
phalt runway with modern lighting and That was the beginning of a genocide in which that they have nothing to do with a democ-
taxiways and is always under improvement. over 250,000 Sikhs were killed. racy, nothing to do with a secularism. They
just kill Sikhs just to please the majority.
Operated by the Williamson Flying Club, Inc., During the attack, young Sikh boys, ranging Sant Bhindranwale told us that the attack
the Williamson-Sodus Airport has tremen- in age from 8 to 13 years old, were taken out- would lay the foundation of Khalistan. In-
dously grown to serve the various needs of side and shot to death. Other soldiers bravely deed, it did. On October 7, 1987, Khalistan de-
the community. shot bullets into the Sikh holy scriptures. As clared its independence. We must use this

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1129
anniversary to rededicate ourselves to re- activity. And we must honor the spirits of Synowiez; No. 40, John Stanistreet; No. 41,
claiming that freedom that is our birthright. Bhindranwale and all the others killed at the Mike Fahey; No. 42, Spencer Mallia; No. 43,
In 1986, Harcharan Singh Longowal struck Golden Temple and the 37 other Gurdwaras Greg Haney; No. 44, Sean McCauliffe; No. 45,
the Rajiv-Longowal Accord, in which India by launching a Shantmai Morcha to liberate
promised to return the capital city of Dustin Jacobsen; No. 48, Clinton Kennedy.
our homeland, Khalistan, once and for all.
Chandigarh, which Sikhs built, and the Until then, we will continue to suffer under f
Punjabi-speaking areas of Himachal Pradesh Indias brutal repression. Lets see to it that
and Haryana, which were kept out of Punjab our Sikh brothers and sisters finally enjoy
PERSONAL EXPLANATION
in 1965. Twenty-one years later, India has not the glow of freedom. I ask Sikhs of all shades
kept that promise.
India has a long history of not keeping its
and political affiliations to join hands to free HON. MICHAEL K. SIMPSON
Khalistan. Remember the words of the OF IDAHO
promises. It promised the people of Kashmir former Jathedar of the akal Takht Sahib,
a plebiscite on their status in 1948 and the IN THE HOUSE OF REPRESENTATIVES
Professor Darshan Singh, that If a Sikh is
vote has never been held. Nor has it kept its not a Khalistani, he is not a Sikh. Wednesday, May 23, 2007
promises to the people of Nagaland. Instead, Sincerely,
Nehru said that even if he had to put a sol- DR. GURMIT SINGH AULAKH,
Mr. SIMPSON. Madam Speaker, on rollcall
dier under every tree, he would never allow President, No. 384, to suspend the rules and pass H.R.
a free Nagaland. The Indian government has Council of Khalistan. 689, the Industrial Bank Holding Company
killed over 90,000 Kashmiri Muslims, over Act, I was unavoidably detained and unable to
300,000 Christians in Nagaland, tens of thou- f
vote. Had I been present, I would have voted
sands of Muslims and Christians elsewhere in HONORING THE ONONDAGA COM-
the country, and tens of thousands of Assam-
aye.
MUNITY COLLEGE LAZERS f
ese, Bodos, Dalits, Manipuris, Tamils, and
other minorities. Tens of thousands more of MENS LACROSSE TEAM
them continue to be held as politica1 pris- CONGRATULATING KAMLEH
oners, according to Amnesty International. HON. JAMES T. WALSH SHABAN
Is that a democracy? These facts underline OF NEW YORK
the necessity to free our homeland,
IN THE HOUSE OF REPRESENTATIVES HON. THOMAS G. TANCREDO
Khalistan, now, and to support freedom for
OF COLORADO
all the people of South Asia. Wednesday, May 23, 2007
Remember the words of Guru Gobind IN THE HOUSE OF REPRESENTATIVES
Singh, In grieb Sikhin ko deon Patshahi.
Mr. WALSH of New York. Madam Speaker,
I rise today in tribute to the Onondaga Com- Wednesday, May 23, 2007
(I grant sovereignty to the humble Sikhs.)
Freedom is the birthright of all people and munity College Lazers Lacrosse team, 2007 Mr. TANCREDO. Madam Speaker, I rise
nations. It is also granted by our Gurus. National Junior College Athletics Association today to pay tribute to one of my constituents,
When I visited Pakistan in November for Mens Lacrosse Champions. Onondaga Com- Ms. Kamleh Shaban of Doane College. Ms.
Guru Nanaks birthday, the Prime Minister munity College, OCC, defeated Nassau Com- Shaban is a public health student and a recipi-
of Pakistan, Shaukat Aziz, offered to build a munity College by a score of 2114, giving the ent of the prestigious Fulbright Award. This
road from Kartarpur (where Guru Nanak left
this world) to the border if India will build
school their second consecutive mens la- grant is given to promising individuals to aid
their portion. They even offered to build a crosse national title. them in their academic and cultural pursuits
fence if India wants one. With this road, The Lazers have an excellent track record abroad.
Sikhs could go, and visit this holy site with in college lacrosse. For the past 7 consecutive The Fulbright Program was established by
no visa. The Akalis could build this road years, the Lazers have won the Mid-State Ath- Congress in 1946 and is sponsored by the
themselves, but they have not done it so far. letic conference title, for the last 3 years they U.S. State Department. This program was de-
The spineless Akalis continue to be lapdogs have been Region III Champions, and for the signed to help build mutual understanding be-
of Delhi. How could the Akalis join with the last 2 years they have been undefeated and tween Americans and the global community.
BJP (the political arm of the RSS) to form a
national champions. The OCC Lazers Mens Individuals who are awarded this distinction
government when the BJP is determined to
destroy the Sikh religion by any and all Lacrosse program has produced 23 All Ameri- have demonstrated outstanding academic or
means at their disposal? We must end Indian cans, and 27 Lacrosse Coaches Association professional achievement and have proven
control of our government, society, and in- Academic All Americans. With their display of themselves as leaders in their field.
stitutions. That control is what the Golden outstanding athleticism in going undefeated Madam Speaker, please join me in paying
Temple attack was designed to cement. We and winning national championships two sea- tribute to Ms. Shaban and wishing her the
must stand up and say no. Remember Maha- sons in a row, OCC has certainly established best in her future endeavors.
rajah Ranjit Singh, who led a powerful, sec- itself as one of the best junior college lacrosse
ular Sikh state that was independent from f
teams in history.
1765 to 1849. Let us have a new birth of free- INDIA MUST STOP PROMOTING
dom, in our homeland, Khalistan. On behalf of the entire 25th Congressional
The Indian government is scared of the District, I congratulate these young men on SECTARIAN VIOLENCE
Sikh Nations aspiration for freedom. Re- their outstanding athletic achievement and
cently, it set off an incident in which Baba praise Head Coach Chuck Wilbur, and Assist- HON. EDOLPHUS TOWNS
Gurmit Ram Rahim Singh dressed up as ant Coaches Mike Villano, Joe Villano, and OF NEW YORK
Guru Gobind Singh and advertised in the Chris Brim on their teams success. I look for-
newspaper, offering to give Amrit to anyone, IN THE HOUSE OF REPRESENTATIVES
ward to another exciting year when the Lazers
a function reserved for the Panj Piaras after Wednesday, May 23, 2007
Guru Gobind Singh baptized them. In addi-
take the field to defend their title in 2008.
tion, it recently put up a statue of Beant No. 1, Brooks Robinson; No. 2, Jerome Mr. TOWNS. Madam Speaker, India is
Singh, former Chief Minister of Punjab, who Thompson; No. 3, Dan Casciano; No. 4A/37H, again promoting sectarian violence in pursuit
presided over the killing of a majority of the Jeremy Thompson; No. 5, Holdon Vyse; No. of its continued control of the Sikhs and other
250,000-plus Sikhs who have been murdered. 6, Lee Nanticoke; No. 7, Jack Redmond; No. minorities. A fake baba named Baba Gurmit
Simranjit Singh Mann and Wassan Singh 8, Kent Squires-Hill; No. 9, Nick Larocca; No. Ram Rahim Singh, who is sponsored by the
Zaffarwal were arrested for peacefully pro- 10, Logan Kane; No. 11, Isaiah Kicknosway; Indian government, created a sect called Dera
testing the statue. In 2005, 35 Sikhs were ar- No. 12, Thomas Anthis; No. 13, Andy Lamb; Sacha Sauda, one of many sects set up to di-
rested for making speeches and raising the
flag of Khalistan. All these repressive acts
No. 14, Joe Taylor; No. 15, Lee Thomas; No. vide the Sikh people. He took out a news-
are in the spirit of the Golden Temple attack 16, Bill Walton; No. 17, Ross Bucktooth; No. paper ad in which he dressed up as Guru
and continue the repression. They are evi- 18, Sean Griffin; No. 19, Pat DiMatteo; No. 20, Gobind Singh and offered to perform the rite
dence that we must free Khalistan now. PJ Motondo; No. 21, Nick Kazimer; No. 22, of Amrit, which not anyone can perform, for
mmaher on PROD1PC70 with CONG-REC-ONLINE

Let us remind the Indian government that Cody Jamieson; No. 23, Keith Tomazic; No. anyone who contacted him. Performing this
we have not forgotten the atrocities com- 24, Tyler Hill; No. 25, Cody Dummer; No. 26, rite is reserved for specific religious leaders.
mitted against the Khalsa panth at the Gold- Adam Rivers; No. 27, Kasey Fellows; No. 28, This ad caused massive protests, as it was
en Temple and from then on. It is time to re-
Josh Groth; No. 29, Steve Prosonic; No. 30, an insult to the Sikh religion. Those dem-
claim our freedom. India must act like the
democracy it claims to be and grant a free Kris Frier; No. 31, Wade Bucktooth; No. 32, onstrations turned violent. A man named
and fair plebiscite on the issue of Khalistan Kyle Wenzel; No. 33, Padraic McKendry; No. Kanwaljit Singh was murdered by the followers
under international supervision. It must stop 34, Pat Dwyer; No. 35, Brian Buckley; No. 36, of the Dera when he went there to confront
arresting Sikh activists for peaceful political Fred Bush; No. 38, Kyle Turbe; No. 39, James them about Ram Rahims behavior.

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E1130 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
This marks an ongoing practice of pro- Punjab Civil Magistracy as writing if we Again, I urge all of my colleagues to support
moting violence in the minority communities so add up the figures of the last few years the H. Res. 413.
as to divide and rule them. As they did in Gu- number of innocent persons killed would run
f
into lakhs [hundreds of thousands.] The In-
jarat a few years ago, the Hindu government
dian government has murdered over 250,000 TRIBUTE TO ASH GROVE
set in motion bloodshed to keep the minority Sikhs since 1984. more than 300,000 Christians
communityMuslims then, Sikhs nowdi- CHRISTIAN CHURCH
in Nagaland, over 90,000 Muslims in Kashmir,
vided. tens of thousands of Christians and Muslims
Madam Speaker, this is reprehensible, un- throughout the country, and tens of thou- HON. JOHN SHIMKUS
acceptable, and undemocratic. It is outrageous sands of Tamils, Assamese, Manipuris, and OF ILLINOIS
behavior for any government and it should not others. The Indian Supreme Court called the IN THE HOUSE OF REPRESENTATIVES
be supported by countries like ours. We must Indian governments murders of Sikhs
worse than a genocide. Wednesday, May 23, 2007
stop aid and trade with India and we must
Only in a free Khalistan will the Sikh Na- Mr. SHIMKUS. Madam Speaker, I rise today
support freedom for Khalistan and the other tion prosper and get justice, said Dr.
nations seeking their freedom from Indian rule. Aulakh. When Khalistan is free, we will
to honor Ash Grove Christian Church in rural
The Council of Khalistan put out a good have our own Ambassadors, our own rep- Windsor, IL, on the 175th anniversary of its
press release condemning the Indian govern- resentation in the UN and other inter- founding. The church will be celebrating this
ments incitement of sectarian violence. national bodies, and our own leaders to keep historic occasion with a special service and
COUNCIL OF KHALISTAN CONDEMNS PROMOTION this sort of thing from happening. We wont program on June 3, 2007.
OF SECTARIAN VIOLENCE BY INDIA be at the mercy of the brutal Indian regime Ash Grove Christian church was founded in
and its Hindu militant allies, he said. De- June of 1832 with John Storm Sr. as pastor.
WASHINGTON, DC, May 16, 2007.The Coun-
mocracies dont commit genocide. India The church started with only 18 members. Ash
cil of Khalistan condemned the recent vio-
should act like a democracy and allow a
lence in Punjab, sparked by an advertise-
plebiscite on independence for Khalistan and
Grove Christian Church is the oldest Christian
ment in the newspaper by Baba Gurmit Ram Church in Shelby County and one of the old-
all the nations of South Asia, Dr. Aulakh
Rahim Singh, the head of Dera Sacha Sauda, est Christian churches in the entire State of Il-
said. We must continue to pray for and
in which Baba Gurmit Ram Rahim Singh linois.
work for our God-given birthright of free-
dressed as Guru Gobind Singh and advertised
that he would give Amrit to anyone who
dom, he said. Without political power, re- Today, the congregation of Ash Grove
ligions cannot flourish and nations perish. Christian Church still holds traditional Sunday
asked. This is reserved only for the Panj
Plaras. This is an insult to the Sikh religion f morning worship services with Jim Dona as
and clearly backed by the Indian govern- pastor.
ment, said Dr. Gurmit Singh Aulakh, Presi- RECOGNIZING THE SERVICE OF I am pleased to congratulate Ash Grove
dent of the Council of Khalistan, the govern- UNITED STATES MERCHANT MA- Christian Church on this blessed occasion. My
ment pro tempore of Khalistan, which leads RINE VETERANS prayers will be with the congregation as they
the struggle for Khalistans independence. celebrate this anniversary. May God continue
There are no Deras or sects in the Sikh SPEECH OF
religion. There is only one Sikh religion and to bless Ash Grove Christian Church.
Sikh Nation, said Dr. Aulakh. Fake Babas HON. JANICE D. SCHAKOWSKY f
like Baba Gurmit Ram Rahim Singh are part OF ILLINOIS
of the Indian governments ongoing effort to IN THE HOUSE OF REPRESENTATIVES
COUNCIL OF KHALISTAN WRITES
weaken the Sikh religion and prevent Sikhs TO CANADIAN JUSTICE MIN-
from achieving freedom, he said, Tuesday, May 22, 2007 ISTER ABOUT AIR INDIA INVES-
Next month marks the anniversary of the Ms. SCHAKOWSKY. Madam Speaker, I rise TIGATION
Golden Temple massacre, Dr. Aulakh noted. in strong support of H. Res. 413, which recog-
During that attack, young boys ages 8 to 13
were taken outside and asked if they sup-
nizes the service of United States Merchant HON. EDOLPHUS TOWNS
ported Khalistan, the independent Sikh
Marine Veterans. I encourage all of my col- OF NEW YORK
country. When they answered with the Sikh leagues to support this important resolution. IN THE HOUSE OF REPRESENTATIVES
religious phrase Bole So Nihal, they were United States Merchant Mariners played a
shot to death. The Guru Granth Sahib, the critical role during World War II, delivering Wednesday, May 23, 2007
Sikh holy scriptures, written in the time of troops, tanks, food, airplanes, fuel and other Mr. TOWNS. Madam Speaker, as you mow,
the Sikh Gurus, were shot full of bullet holes needed supplies to every theater of the war. the government of Canada has undertaken
and burned by the Indian forces. The Merchant Mariners were the necessary another investigation into the 1985 Air India
Former President Bill Clinton wrote in the link between the supplies that were manufac- bombing. Recently, the Council of Khalistan
foreword to Madeleine Albrights book that
Indian forces were responsible for the mas-
tured in the U.S. and used overseas. wrote to the Canadian Justice Minister about
sacre of 38 Sikhs in 2000 in the village of The Merchant Mariners took part in every that investigation.
Chithisinghpora. Recently, two leading Sikh invasion from Normandy to Okinawa and suf- The letter states that the Indian govern-
activists were arrested for peacefully pro- fered the highest casualty rate of any of the ment continues to try to blame Sikhs for this
testing the construction of a statue to honor branches of the Armed Forces. Despite their atrocity, despite the fact that Ripudaman
Beant Singh, the late Chief Minister who valiant service, the U.S. Merchant Marines Singh Malik and Ajaib Singh Bagri were ac-
presided over the murder of tens of thou- were not included in the 1944 G.I. Bill of quitted by a Canadian judge, who said that the
sands of Sikhs. In 2005, 35 Sikhs were ar- Rights. In 1988, they were finally granted vet- witnesses against them were not credible. In
rested for making speeches and raising the
flag of Khalistan. Sikh farmers are forced by
eran status, but some portions of the G.I. Bill the letter, Dr. Gurmit Singh Aulakh, President
the government to buy supplies and seeds for have never been made available to the Mer- of the Council of Khalistan, notes that the Ca-
unaffordably high prices and forced to sell chant Marines and the lost benefits can never nadian Security Investigation Service (CSIS)
their crops well below market prices. be recouped. said at the time, if you really want to clear the
These incidents show that we need to free In April I had the opportunity to deliver testi- incidents quickly, take vans down to the Indian
our homeland, Khalistan, said Dr. Aulakh. mony to the Veterans Affairs Committee on High Commission and the consulates in To-
Remember what former Akal Takht behalf of my constituent, World War II Mer- ronto and Vancouver, load up everybody and
Jathedar Professor Darshan Singh said: If a
chant Marine veteran Bruce Felknor, urging take them down for questioning. We know it
Sikh is not a Khalistani, he is not a Sikh.
A report issued by the Movement Against support of H.R. 23, the Belated Thank You to and they know it that they were involved.
State Repression (MASR) shows that India the Merchant Mariners of World War II Act of The Indian Consul General in Toronto, Mr.
admitted that it held 52,268 political pris- 2007. I hope that the 110th Congress will Surinder Malik, pulled his wife and daughter
oners under the repressive Terrorist and enact that important legislation into law as off the flight at the last minute. A friend of his
mmaher on PROD1PC70 with CONG-REC-ONLINE

Disruptive Activities Act (TADA) even well. who was a car dealer also cancelled his res-
though it expired in 1995. Many have been in Im so pleased that the Merchant Mariners ervation suddenly. Mr. Malik called in a lot of
illegal custody since 1984. There has been no are finally getting the respect and attention information about the case before the incident
list published of those who were acquitted
they deserve for their service and sacrifice to was even public knowledge, including a tip to
under TADA and those who are still rotting
in Indian jails. Additionally, according to our country. For more than 40 years, their re- look for an L. Singh on the passenger mani-
Amnesty International, there are tens of markable and distinguished service has gone fest. L. Singh was the name under which
thousands of other minorities being held as by virtually unnoticed by our government and one of the bombers held his tickets. The other
political prisoners. MASR report quotes the people. was M. Singh. Later, a man named Lal

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1131
Singh told the press that he was offered two against the Sikhs. The book quotes an inves- Yet the Indian government continues to
million dollars and settlement in a nice coun- tigator from the Canadian Security Inves- apply pressure to find some Sikhs guilty of
try to give false testimony in the casean tigation Service as saying, If you really the bombing. I am sure that your inquiry
want to clear the incidents quickly, take will be conducted with fairness and justice. I
offer that Mr. Singh declined. It seems that, as vans down to the Indian High Commission hope that you will find the real culprits and
Zuhair Kashmeri and Brian McAndrew, the and the consulates in Toronto and Van- put this matter to rest. The bombing was an
Canadian journalists who wrote the definitive couver, load up everybody and take them Indian government operation from the begin-
book on the case, Soft Target, noted, [Consul down for questioning. We know it and they ning.
General] Malik knew more details about the know it that they are involved. If there is anything I can do to assist you,
two blasts than did the police investigators. Among many other things, they note that please feel free to contact me.
the Indian Consul General in Toronto, Mr. Sincerely,
How did this Indian government official know
Surinder Malik (no relation to Ripudaman DR. GURMIT SINGH AULAKH,
so much so soon? Singh Malik), called in a detailed description President, Council of Khalistan.
He also admitted that he fed information to of the disaster just hours later when it took
the Toronto Globe and Mail to make a strong- f
the Canadian investigators weeks to find
er case to blame the Sikhs for the bombing. that information. He told them that they CONGRATULATING DR. SIGMUND
This was part of a coordinated Indian govern- should check the passenger manifest for an ROTHSCHILD
ment effort to paint the Sikh community as ter- L. Singh because he was responsiblebe-
rorists. fore there was any public knowledge of the
It is also worth noting that the Sikh group on
bombing! HON. THOMAS G. TANCREDO
According to Wikipedia, on June 20, 1985, OF COLORADO
whom India has placed the blame all these two days before the flight, at 1910 GMT, a IN THE HOUSE OF REPRESENTATIVES
years is a group called Babbar Khalsa. It is man paid for the two tickets with $3,005 in
heavily infiltrated by the Indian government. cash at a CP ticket office in Vancouver. The Wednesday, May 23, 2007
So by trying to blame Babbar Khalsa, the gov- names on the reservations were changed; Mr. TANCREDO. Madam Speaker, I rise
ernment is essentially taking the blame itself. Jaswand Singh became M. Singh and today to pay tribute to one of my constituents,
I recommend to all my colleagues that they Mohinderbel Singh became L. Singh. .
Note that this is the same name that Consul Dr. Sigmund Rothschild of the University of
read this informative letter. General Malik told investigators to look Colorado at Denver. Dr. Rothschild is a music
This is just further proof, if any is needed, forL. Singh. scholar and is a recipient of the prestigious
that India is a regime that will carry out acts It would later come out in newspaper re- Fulbright Award. This grant is given to prom-
of terror to promote its own political objectives. ports that a Sikh named Lal Singh told the ising individuals to aid them in their academic
Remember that India has killed more than a press that he was offered two m111ion dol- and cultural pursuits abroad.
quarter of a million Sikhs, according to the lars and settlement in a nice country by
The Fulbright Program was established by
the Indian regime to give false testimony in
Punjab State Magistracy, and hold over Congress in 1946 and is sponsored by the
the case.
52,000 of them as political prisoners, accord- Consul General Malik had also pulled his U.S. State Department. This program was de-
ing to the Movement Against State Repres- wife and daughter off the flight suddenly at signed to help build mutual understanding be-
sion. As I have asked before, why does a de- the last minute, on the feeble excuse that tween Americans and the global community.
mocracy need a Movement Against State Re- the daughter had a paper for school. A friend Individuals who are awarded this distinction
pression anyway? Amnesty International re- of Consul General Maliks who was a Car have demonstrated outstanding academic or
ports that tens of thousands of other minorities dealer also cancelled at the last minute.
According to Kashmeri and McAndrew, professional achievement and have proven
are held as political prisoners in India, and it Curiously, [Consul General] Malik knew themselves as leaders in their field.
has killed over 90,000 Kashmiri Muslims, over more details about the two blasts than did Madam Speaker, please join me in paying
300,000 Christians in Nagaland, and tens of the police investigators. . . . Malik said that tribute to Dr. Rothschild and wishing him the
thousands of other minorities as well. while one of the suspects was booked to best in his future endeavors.
Why should the American people and gov- Japan, the other was booked to Toronto and f
ernment support such a government, espe- onwards to Bombay. He also said that the
two checked their bomb-laden bags but did CELEBRATING 100TH BIRTHDAY OF
cially at a time when we are putting our young
not board the flight themselves. In sum, MRS. MARY PAULINE
people on the front lines to fight against ter- Malik had painted a scenario of the double
rorism? The time has come to cut off our aid CUNNINGHAM MCNEAL
sabotage operation that was a near perfect
to Indian, end our trade with them, and put account of what the Mounties would take
Congress on record in support of the freedom weeks to fathom. HON. DEBORAH PRYCE
movements there. This is the way to peace, [Consul General] Malik continually fed the OF OHIO
freedom, prosperity, and stability in South Globe information pointing to Sikh terror-
IN THE HOUSE OF REPRESENTATIVES
ists as the source of the bombs. He was be-
Asia, Madam Speaker. hind another story six days after the crash, Wednesday, May 23, 2007
COUNCIL OF KHALISTAN,
this one headlined Air-India pilot reported
Washington, DC, May 16, 2007. Ms. PRYCE of Ohio. Madam Speaker, I rise
given parcel by Sikh.. Kashmeri and
Hon. ROBERT DOUGLAS NICHOLSON, McAndrew also wrote, Malik pressured the today to honor Mary Pauline Cunningham
Justice Minister of Canada, Globe to publish this story, adding that it McNeal, and pay tribute to her on her 100th
House of Commons, Ottawa, Canada. could be used to make a stronger case for birthday, July 9, 2007. Born in Madison Coun-
DEAR MINISTER NICHOLSON: I am writing in blaming the Air-India and Narita bombings ty, OH, Mrs. McNeal now resides in London,
regard to your new inquiry into the Air India on the Babbar Khalsa leader. Malik also de-
Flight 182 bombing of 1985. I see no purpose
OH. She will gather with her loved ones on
cried the Canadian system of justice for fail- July 8, 2007 to celebrate her 100th birthday.
for this ongoing inquiry. As you know, the ing to come up with a quick solution to the
Indian government continues to try to blame Mrs. McNeal continues to impress her chil-
bombings. In India we would have had a con-
Sikhs for this atrocity, despite the fact that fession by now. You people have too many
dren, grandchildren, great- grandchildren, and
Ripudaman Singh Malik and Ajaib Singh civil and human-rights laws, he com- even great-great grandchildren, with her active
Bagri were acquitted by a Canadian judge, plained. lifestyle that includes cooking, yard mainte-
who said that the witnesses against them The Sikh organization that the Indian gov- nance, and bingo four to six times a week. As
were not credible. ernment said was responsible, Babbar a member of the St. Paul African Methodist
Shortly after the bombing occurred, two Kahlsa, is and was then heavily infiltrated
Canadian journalists, Zuhair Kashmeri of
Episcopal Church, she seldom misses Sunday
by Indian government operatives at very
the Toronto Globe and Mail and Brian services, and participates in their annual
high levels of the organization. The main
McAndrew of the Toronto Star, wrote an ex- backer of the group had received a $2 million chicken and noodle dinner. Mrs. McNeal is
cellent book on the case entitled Soft Tar- loan from the State Bank of India just before also well-known for her delicious lemon pies
get, which proves that the Indian govern- the plane was attacked, according to Soft and her famous chicken pie casseroles.
mmaher on PROD1PC70 with CONG-REC-ONLINE

ment itself carried out the bombing. This Target. The year after the bombing, three Mrs. McNeals vibrant personality and active
finding is confirmed in a book by former Indian consuls general were asked to leave lifestyle make her an important part of our
Member of Parliament David Kilgour enti- the country. community. Mrs. McNeal serves as an inspira-
tled Betrayal: The Spy Canada Abandoned. I In his book, Kilgour wrote that Canadian-
tion and joy to those who know and enjoy her
urge you to call Mr. Kashmeri and Mr. Polish double agent Ryszard Paszkowski was
Mcandrew as witnesses in the inquiry. approached to join a plot to carry out a sec- friendship and love. On this very special occa-
Soft Target shows how the Indian regime ond bombing. The people who approached sion, I salute this amazing woman for her long
bombed its own airliner in 1985, killing 329 Paszkowski were connected to the Indian life, and her dedication to her family and her
innocent people, to justify further repression government. church.

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E1132 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
RECOGNIZING THE 75TH ANNIVER- As Chief Minister, one of Mr. Badals chief leaders like Badal and his friends by liber-
SARY OF THE CITY OF BERKLEY, responsibilities is maintaining law and order. ating Khalistan, he said. Remember what
MICHIGAN Yet he seeks support from this fake religious former Akal Takht Jathedar Professor
Darshan Singh said: If a Sikh is not a
leader instead of prosecuting him for the dam- Khalistani, he is not a Sikh.
HON. JOE KNOLLENBERG age he has done to the Sikh community and A report issued by the Movement Against
OF MICHIGAN to Punjab. State Repression (MASR) shows that India
IN THE HOUSE OF REPRESENTATIVES
Dr. Gurmit Singh Aulakh, President of the admitted that it held 52,268 political pris-
Council of Khalistan, has issued a press re- oners under the repressive Terrorist and
Wednesday, May 23, 2007 lease condenming Badals activities. It shows Disruptive Activities Act (TADA) even
Mr. KNOLLENBERG. Madam Speaker, I though it expired in 1995. Many have been in
that chief Minister is allied with the Indian gov-
illegal custody since 1984. There has been no
want to recognize the City of Berkley, in Oak- ernment against the Sikh people. Remember list published of those who were acquitted
land County, MI, which is celebrating its 75th that when Badal was chief Minister before, he under TADA and those who are still rotting
anniversary this week. This Citys rich history presided over the most corrupt government in in Indian jails. Additionally, according to
and enduring perseverance serves as a shin- Punjabs history. They even renamed bribery Amnesty International, there are tens of
ing example of the mettle of all Michiganders. fee for service. His wife could tell the thousands of other minorities being held as
Before being established as a village in amount of money in a bag just by picking it political prisoners. MASR report quotes the
1823, Berkley was part of a vast forest and up. Punjab Civil Magistracy as writing if we
add up the figures of the last few years the
swamp teeming with quicksand and other per- Only by freeing themselves of Indian rule number of innocent persons killed would run
ils. Despite these hardships, settlers pressed will the Sikhs be able to rid themselves of this into lakhs [hundreds of thousands.] The In-
on through the wilderness outside of Detroit to kind of anti-Sikh leadership. The U.S. govern- dian government has murdered over 250,000
stake their claims in Berkley. By 1832, the ment can help by stopping aid and trade with Sikhs since 1984, more than 300,000 Christians
burgeoning number of settlers arriving in De- India until criminals such as Ram Rahim are in Nagaland, over 90,000 Muslims in Kashmir,
troit warranted a stagecoach route that ran prosecuted and all human rights are observed tens of thousands of Christians and Muslims
through Berkley on the way to Pontiac. and by putting ourselves on record publicly in throughout the country, and tens of thou-
Berkley, along with many other commu- sands of Tamils, Assamese, Manipuris. and
support of self-determination for the Sikhs of others. The Indian Supreme Court called the
nities, suffered through many adversities dur- Punjab, Khalistan, the Muslims of Kashmir, the Indian governments murders of Sikhs
ing the Great Depression. However, the village Christians of Nagalim, and all the people worse than a genocide.
met those challenges head on and established seeking freedom in South Asia in the form of The Sikh masses must rise to the occa-
a pay-as-you-go plan, spending only what it a free and fair vote. Isnt that the democratic sion and establish new leadership that works
took in, in order to continue to govern respon- way? The people of Kashmir were promised a for the interest of the Khalsa Panth and
sibly. Many of the residents became active in abides by Sikh tradition, said Dr. Aulakh.
vote on their status in 1948. Theyre still wait-
Badal and his son have betrayed the Sikh
local politics, and upon learning of the benefits ing. Rehat Maryada, Sikh principles, and Sikh
of becoming a city, the discussion com- tradition. Their leadership must be rejected
menced. COUNCIL OF KHALISTAN DEPLORES ANTI-SIKH for the interests of the Khalsa Panth. The
After a year of debate and preparation, the BEHAVIOR OF PARAKSH SINGH BADAL Jathedar of the Akal Takht must censure
residents of Berkley adopted a city charter, WASHINGTON, DC, May 22, 2007.The Coun- him for violating the Sikh Rahat Maryada,
and elected a mayor and six commissioners. cil of Khalistan condemned the behavior of betraying the Sikh Nation, and defaming the
On May 23, 1932, now with a population of Punjab Chief Minister Parkash Singh Badal. Sikh religion, he said. Incidents like this
It has recently surfaced that before the Pun- test the resolve of the Sikh Nation. The
6,000, the City of Berkley was established.
jab elections, Badal and his son Sukhbir Khalsa Panth will never allow the cult babas
With Detroit opening up its factories to went to meet with Baba Gurmit Ram Rahim to dare to compare themselves with our re-
produce materials at the onset of World War Singh, leader of the Dera Sacha Sauda cult vered Guru Gobind Singh Sahib. who sac-
II, the residents of Berkley joined in the war which has brought about so much strife in rificed his whole family for the Chardi Kala
effort. In 1946 Berkley had spent more for Punjab. While there, they bowed their heads of the Khalsa Panth, said Dr. Aulakh. Re-
constructing new facilities and factories than to Ram Rahim. A Sikh is not supposed to member Guru Gobind Singhs words: Sava
any other city in Oakland County. bow except to the Guru Granth Sahib. This is lath se ek laraon, tabe nam Gobind Singh
Madam Speaker, today Berkley is a vibrant the moral degeneration of the Akali leader- kahaon. Also remember Gurus blessing, In
ship. grieb Sikh in ko deon patshahi. Only a free
community in Oakland County that is home to
Ironically, despite Badals begging and Khalistan will put a stop to occurrences like
over 15,000 residents, a state-of-the-art li- pleading, Ram Rahim supported the Con- this. We must continue to pray for and work
brary, and a bustling downtown district. I con- gress Party in the recent elections in Pun- for our God-given birthright of freedom, he
gratulate them on their 75th anniversary and jab. Now Badal is blaming his predecessor, said. Without political power, religions can-
wish the residents many more years of pros- Captain Amarinder Singh, for the problem. not flourish and nations perish. The time is
perity. Badal didnt even get votes out of his shame- now to free Khalistan.
f ful actions. Perhaps its time he paid atten-
tion to the Sikhs who elected him rather [From the Panthic Weekly, May 17, 2007]
PUNJAB CHIEF MINISTER AT- than the anti-Sikh BJP, his coalition part- BADAL AND FAMILY ARE SACHA SAUDA
TACKED FOR ANTI-SIKH BEHAV- ner, and the leaders in Delhi. PREMIS: CULT SPOKESMAN
IOR Badal is the Chief Minister. As such, he is Amritsar Sahib (KP)At a news con-
responsible for law and order. Yet he refused ference organized by the Sacha Sauda Cult,
to prosecute this fraudulent baba pretending photographic evidence was released indi-
HON. EDOLPHUS TOWNS to be Guru Gobind Singh. There are pending cating that as recent as January of 2007,
OF NEW YORK charges of murder and rape against Ram Shiromani Akali Dals president Parkash
IN THE HOUSE OF REPRESENTATIVES Rahim. Why does Badal kowtow to him? Badal, his son Sukhbir Badal, and other
There are no Deras or sects in the Sikh Akalis met with the dehdahri-cult guru
Wednesday, May 23, 2007 religion. There is only one Sikh religion and Ram-Rahim and asked for his blessings.
Mr. TOWNS. Madam Speaker, recently it Sikh Nation, said Dr. Gurmit Singh This announcement was made after a large
has been discovered that the Chief Minister of Aulakh, President of the Council of Sikh conclave held at Takht Sri Damdama
Khalistan. Fake Babas like Baba Gurmit Sahib called upon the Sikh Nation to so-
Punjab, Parkash Singh Badal, went and met
Ram Rahim Singh are part of the Indian gov- cially boycott the entire Sirsa cult, and de-
with a Punjabi cult leader named Gurmit Ram ernments ongoing effort to weaken the Sikh manded the Punjab and Haryana Govern-
Rahim Singh, who claimed to be a baba and religion and prevent Sikhs from achieving ments to take stern action against the cult
was recently in the news for dressing up as freedom, he said. Sikh leaders should not leader.
the last Sikh guru, Guru Gobind Singh, and of- be dignifying them. Badal should be pros- Panthic observers doubt any action would
mmaher on PROD1PC70 with CONG-REC-ONLINE

fering Amrit to anyone who called. Amrit is a ecuting this fraudulent baba for these des- be taken by the Akal Takht Jathedars
very sacred ceremony in the Sikh religion and picable acts: against the Badals, nor will the Punjab Gov-
it cannot be done by just anyone. Ram Rahim Badals conduct is shameful for a Sikh ernment take action against the cult.
leader, said Dr. Gurmit Singh Aulakh, Parkash Badals cozy relationship between
also has murder and rape charges pending
President of the Council of Khalistan. This the Sauda leader and other similar cults is
against him. Yet Mr. Badal went to him and shameful conduct shows that Badal is under now a widely accepted fact.
bowed, seeking votes. Ironically, Ram Rahim the complete control of the Indian govern- The recent softening of the tone by
came out for Mr. Badals political opponents, ment, rather than working for the Sikhs. We Jathedar Joginder Singh Vedanti is an indi-
the Congress Party. must free ourselves of corrupt, anti-Sikh cation that he does not want to ruffle the

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1133
feathers of his Akali bosses. The recent call own pursuits of integrity and honesty as we ognize her leadership within the FBI, and dedi-
for a boycott was not what Vedanti wanted remember a life distinguished by both. cation to her work with the Science-State-Jus-
as evidenced by his silence at the meeting Steve Millard came to Colorados Second tice-Commerce (SSJC) Appropriations sub-
instead pressure from Jathedar Balwant
Congressional District late in life and, at the committee, which I chaired during the 109th
Singh Nandgarh and the Sikh Sangat left
him no other option. Observers predict ulti- age of 40, began a career in professional jour- Congress.
mately it would be the Sikh Sangat that will nalism with the Boulder Daily Camera. In a FBI Director Robert Mueller recently stated
rise up against the onslaught of derawaad fairly quick manner Steve transitioned to the that Eleni has been directly involved in every
that has been flourishing in Punjab under editorial staff of the paper and then to a well- issue facing the FBI over the past five
the Akali administration. Photos such as the suited perch as the editorial-page editor, which years. . . and that as an advocate for the
above should be ample proof for the agi- is perhaps the professional position for which FBI and its mission, Elenis abilities and pro-
tating Sikh Sangat which side of the fence he will be best remembered. Steves editorial fessionalism have earned her the respect of
the Akalis and their puppet Jathedars are both lawmakers and colleagues. I could not
writing was remarkable not only for its deep
really standing on. agree more with Director Mueller. Eleni
well of knowledge and insight, but also for its
f adherence to logic and restraint. His argu- worked with the SSJC subcommittee not only
HONORING COLONEL KATHLEEN M. ments were the results of intellectual curiosity to increase resources for the FBI, but to help
SPENCER ON HER RETIREMENT and clear thinking, not the pursuit of a political transform the FBI from an organization fo-
FROM THE U.S. AIR FORCE agenda. Steve chose to provoke thought with cused on arresting criminals to one focused
reason and forceful writing which, in a time of on terrorism prevention after the September
increased media and political sensationalism, 11, 2001, terrorist attacks that forever
HON. GINNY BROWN-WAITE is a sobering reminder of the public trust held changed America. Elenis public service de-
OF FLORIDA serves to be recognized.
in our journalists and public servants.
IN THE HOUSE OF REPRESENTATIVES During her tenure as assistant director of
As his family reminds us in a May 22 eulogy
Wednesday, May 23, 2007 in the Boulder Daily Camera, Steve Millard Congressional Affairs the FBI received funding
lived his life by those same terms, setting an from Congress to establish more than 100
Ms. GINNY BROWN-WAITE of Florida.
example of integrity, honesty, and intellectual joint terrorism task forces; increase the num-
Madam Speaker, I rise today to recognize and
curiosity for those who had the pleasure of ber of translators by 82 percent, including a
honor Colonel Kathleen M. Spencer, a soldier
knowing him. For members of the Boulder 284 percent increase in Arabic translators
who has served her country with honor and
community and readers of the Boulder Daily since FY 2001; enhance the FBIs capability to
distinction. Colonel Spencer is retiring at the
Camera, he reminds us of the importance of communicate classified information with the in-
end of this month following 30 years in the
engaging in issues as an informed, thoughtful telligence community and state and local law
United States military.
citizen. As his family and friends mourn their enforcement; increase the number of legal
First commissioned in the U.S. Air Force on
loss, I hope my colleagues will join me in attache offices from 44 to 57; increase training
June 23, 1977, Colonel Kathleen M. Spencer
praising Stephen Millards example and recog- for new agents to include classes on terrorism
received her B.S., cum laude, from the Univer-
nizing his contribution to the public discourse. investigate techniques; establish field intel-
sity of Massachusetts. Upon her entry into the
ligence groups in every field office, and hire
Air Force, she was commissioned a munitions f
thousands of new agents and analysts.
officer. While I was chairman, we also conducted
Colonel Spencer served honorably in 16 dif- CONGRATULATING CASEY LEEK
vigorous oversight of the FBI and Eleni was
ferent assignments throughout the United
HON. THOMAS G. TANCREDO cooperative and essential in preparatory work
States, including a 3-year stint in Germany.
to help facilitate FBI transformation hearings
She will complete her military career as the OF COLORADO
each year in addition to the annual budget
Chief of Munitions at Hickam Air Force Base, IN THE HOUSE OF REPRESENTATIVES
hearings. Her professionalism and willingness
Honolulu, Hawaii. Wednesday, May 23, 2007 to ensure that the committee had all appro-
During her career, Colonel Spencer served
Mr. TANCREDO. Madam Speaker, I rise priate information was superior. I also want to
as a munitions maintenance officer and super-
today to pay tribute to one of my constituents, recognize Elenis work with Congress to help
visor, as a munitions staff officer and an in-
Ms. Casey Leek. Ms. Leek is a student of an- enact the PATRIOT Act Reauthorization and
structor to Squadron Officer School. She has
thropology and a recipient of the prestigious Intelligence Reform acts.
also held multiple commander positions, In short, Eleni has been a great asset to the
served as a military assistant to the Executive Fulbright Award. This grant is given to prom-
ising individuals to aid them in their academic FBI, has served the director well, and been an
Secretary in the Pentagon, as a chief of logis- excellent resource for Congress. I wish Eleni
tics, and deputy director. and cultural pursuits abroad.
The Fulbright Program was established by the best in her future endeavors and ask that
Retiring with numerous decorations for her
Congress in 1946 and is sponsored by the my colleagues join me in thanking Eleni for
years of service, Colonel Spencer is especially
U.S. State Department. This program was de- her hard work and dedication.
proud of her Meritorious Service Medal with
signed to help build mutual understanding be- f
four oak leaf clusters, her Air Force Com-
mendation medal with two oak leaf clusters, tween Americans and the global community. IN HONOR OF TIMOTHY J. CRAD-
and the Air Force Achievement Medal. Individuals who are awarded this distinction DOCK, MARGUERITE GABRIELE,
Madam Speaker, it is service members like have demonstrated outstanding academic or JESSICA E. SHAY, AND AVI M.
Colonel Spencer who help make our military professional achievement and have proven WOLFSON AS THE RECIPIENTS
the finest fighting force in the world. This Con- themselves as leaders in their field. OF UNDERGRADUATE RESEARCH
gress congratulates Colonel Spencer on her Madam Speaker, please join me in paying FELLOWSHIPS AT THE UNIVER-
retirement and wishes her the best in her fu- tribute to Ms. Leek and wishing her the best SITY OF TEXAS AT AUSTIN
ture endeavors. in her future endeavors.
f f HON. PETE SESSIONS
RECOGNIZING ELENI P. KALISCH OF TEXAS
HONORING STEPHEN E. MILLARD
IN THE HOUSE OF REPRESENTATIVES

HON. MARK UDALL HON. FRANK R. WOLF Wednesday, May 23, 2007
OF COLORADO OF VIRGINIA Mr. SESSIONS. Madam Speaker, I rise to
IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES acknowledge the accomplishments of Timothy
J. Craddock, Marguerite Gabriele, Jessica E.
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Wednesday, May 23, 2007 Wednesday, May 23, 2007 Shay, and Avi M. Wolfson as the recipients of
Mr. UDALL of Colorado. Madam Speaker, I Mr. WOLF. Madam Speaker, I rise today to this years Undergraduate Research Fellow-
rise today to remember the life of Stephen E. bring the attention of the House to the excep- ships at the University of Texas at Austin.
Millard, who passed away on Saturday, May tional work of Eleni P. Kalisch at the Federal They have been selected to receive scholar-
19th, 2007, and to offer his family and friends Bureau of Investigation. It has come to my at- ships to pursue research in their respective
my sympathies as they grieve and reflect on tention that she will stepping down as assist- areas of interest.
their time spent with him. In his passing, Steve ant director of the Office of Congressional Af- The University of Texas in Austin offers fi-
leaves us all with occasion to consider our fairs and I want to take this opportunity to rec- nancial support for students who undertake

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E1134 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
scholarly research projects through Under- Dougs father, Andrew Young, was a partner Mr. Reneau began a successful private law
graduate Research Fellowships. Since its in- in the business and brought Doug in as a part- practice serving people from all over the city,
ception in 1996, the fellowship has remained ner shortly before he passed away. In 1978, conversing both in Polish and Italian with his
committed to enriching academic experiences after college and a tour in the U.S. Army, clients. In 1976, Reneau became an Assistant
by providing 236 students with over $200,000 Doug became the sole proprietor of the busi- Family Court Commissioner. He was named
over the past 10 years to support efforts in ness while in his late 20s. the first African American Family Court Com-
their area of study. Today, Dougs son, Andrew; brother, Rule; missioner in 1978, serving until his retirement
After competing in a rigorous application and son-in-law, Jerry Clark, are future part- in 1995. Andrew Reneau was a NAACP chap-
process that included resume submissions, ners-in-training. Doug says the tremendous ter president, the first editor of The Globe
itemized budget proposals, and faculty rec- amount of trust that exists in having a family newspaper, and was active with the Boy
ommendations, these four outstanding stu- business is the way to go. That trust exists not Scouts of America Council and the YMCA. He
dents from the 32nd District of Texas were se- only inside the business, but also for City Tile was a founding member of St. James United
lected. They were chosen with the anticipation and Floor Covering Company customers, as Methodist Church and involved in the National
that their efforts would assist in future studies well. Dougs family has provided any type of Conference of Christians and Jews. A proud
of the field and contribute to the researchers flooring you can imagine for current genera- graduate of UW and Marquette, he lectured on
disciplines. The high caliber of these students tions, their parents and grandparents. family law at both law schools.
achievements is truly impressive and for that Doug lived down the street from me as we The grandson of slaves, he was born in
I wish to acknowledge them to my congres- were growing up, so I have had the oppor- Pontotoc, Mississippi in 1916, the youngest of
sional colleagues. tunity to watch and admire as Doug has devel- eight children. The family moved to Beloit, WI,
It is my honor to recognize these students. oped his business and raised his family. Doug, when he was 2 seeking better opportunities.
The people of the 32nd District of Texas are I wish you and your family business many Due to ill health, Mr. Reneau was unable to
proud of their successes. I wish the recipients more happy milestones. attend grade school for several years thus de-
the best of luck in both present and future en- f laying graduation from high school until age
deavors. 21.
f CONGRATULATING AMY KUENKER Mr. Reneau met the former Phyllis Cabell at
a church convention in St. Paul, Minnesota,
TRIBUTE TO THE LATE JOSE LUIS HON. THOMAS G. TANCREDO and they were married after he graduated
FLORES, SR., 19222007 from UW. Phyllis Reneau supported the family
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES by working at a foundry while he attended law
HON. CHARLES A. GONZALEZ school. Phyllis Reneau passed away in 1995.
OF TEXAS Wednesday, May 23, 2007
Reneau family survivors include sons David,
IN THE HOUSE OF REPRESENTATIVES Mr. TANCREDO. Madam Speaker, I rise Paul, Joseph, and Peter; grandchildren; and
Wednesday, May 23, 2007 today to pay tribute to one of my constituents, great-grandchildren.
Ms. Amy Kuenker of the College of William Madam Speaker, in Andrew Reneaus death
Mr. GONZALEZ. Madam Speaker, it is with
and Mary. Ms. Kuenker is a teaching student Milwaukee has experienced a profound loss.
great sadness that I rise today to recognize
and a recipient of the prestigious Fulbright Today, I thank him and his family for their im-
the passing of a distinguished Texan and
Award. This grant is given to promising indi- measurable achievements, I mourn his loss
member of the San Antonio community, Mr.
viduals to aid them in their academic and cul- and I salute his legacy.
Jose Luis Flores, Sr. Mr. Flores passed away
tural pursuits abroad. f
on Wednesday, May 16, 2007 at the age of
The Fulbright Program was established by
84. He was a friend, a husband, a father, and FREEDOM FOR NORMANDO
Congress in 1946 and is sponsored by the
an inspiration to many in San Antonio, and he HERNANDEZ GONZALEZ
U.S. State Department. This program was de-
will be missed.
signed to help build mutual understanding be-
Mr. Floress life was devoted to service to
both his community and our country. He was tween Americans and the global community. HON. LINCOLN DIAZ-BALART
Individuals who are awarded this distinction OF FLORIDA
an active parishioner of his church for 47
have demonstrated outstanding academic or IN THE HOUSE OF REPRESENTATIVES
years, worked tirelessly to improve the lives of
professional achievement and have proven
others by serving in the Civilian Conservation Wednesday, May 23, 2007
themselves as leaders in their field.
Corps, and courageously served our nation Mr. LINCOLN DIAZ-BALART of Florida.
Madam Speaker, please join me in paying
during the Second World War. For these rea- Madam Speaker, I rise to inform Congress
tribute to Ms. Kuenker and wishing her the
sons, well forever be grateful for all that he about Normando Hernandez Gonzalez, a val-
best in her future endeavors.
did on behalf of others, and San Antonio will iant prisoner of conscience in totalitarian
deeply miss one of its native sons. f
Cuba.
His life of service epitomizes the word IN TRIBUTE TO ANDREW R. Mr. Hernandez, an independent journalist
American. He gave back to his community RENEAU and the director of the Camaguey College of
and served his country to the best of his ability
Independent Journalists in Cuba, has been a
with the hope that he could better the lives of
others. His life and legacy provide a great ex-
HON. GWEN MOORE chronicler of truth amid the lies and deceit of
OF WISCONSIN the Cuban totalitarian regime. Because he is a
ample for all that we as a Nation to strive to
IN THE HOUSE OF REPRESENTATIVES journalist who exposed the deplorable condi-
accomplish, and he will be missed by all who
tions, ruthless repression and failed policies of
were lucky enough to know him. Wednesday, May 23, 2007 the totalitarian tyranny, Castros thugs have
f Ms. MOORE of Wisconsin. Madam Speak- continuously harassed Mr. Hernandez. He has
HONORING CITY TILE AND FLOOR er, I rise to pay tribute to the life and work of been detained and released miles from his
COVERING COMPANYS 50 YEARS Mr. Andrew Reneau, a highly-respected and home on various occasions and his telephone
IN BUSINESS deeply principled Milwaukee attorney and service has been cut off since June 15, 2002.
Family Court Commissioner. Mr. Reneau died In Cuba, men and women who seek truth or
HON. BART GORDON on May 6, 2007, at the age of 90. freedom are considered enemies of the state.
OF TENNESSEE
Andrew R. Reneau was one of two African In March 2003, as part of the tyrants hei-
Americans to graduate from the University of nous island wide crackdown on peaceful pro-
IN THE HOUSE OF REPRESENTATIVES
Wisconsin in 1942. Upon graduation, the only democracy activists, Mr. Hernandez was ar-
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Wednesday, May 23, 2007 work he could find was as a metal chipper at rested by the tyranny. In a sham trial, he was
Mr. GORDON of Tennessee. Madam the Allis Chalmers foundry. After sustaining a sentenced to 25 years in the totalitarian gulag,
Speaker, I rise today to congratulate Doug serious eye injury, Mr. Reneau went back to for the crime of preparing reports, in which he
Young and City Tile and Floor Covering Com- school. A coin toss determined whether Mr. attacked the health system, and the education
pany on its 50th anniversary. The Reneau should become a mortician or go to provided in this country, questioned the justice
Murfreesboro, Tennessee, store began with law school. In 1946, Andrew Reneau earned a system, tourism, culture, agriculture. Following
fewer than five staff and now has about 20 law degree and was the only African American his incarceration, Mr. Hernandez has been
employees and 30 subcontractors. in his Marquette University graduating class. kept is solitary confinement and allowed only

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1135
4 hours of sunlight a week. All communication was left from this horrible force of nature and andra Pascual, Michael Passarelli, Kinjal
with his family has been severely restricted are moving forward. The people of Greens- Patel, Mitesh Patel, Gina Pecchinenda, Justin
and according to Yarai Reyes, his wife, he has burg obviously have tough days ahead, but I Peter, Kishen Pujara, Alejandra Ramirez, Eliz-
been fed rotten food, refused all medical care know with the resilient spirit they have dem- abeth Reyes, Julia Reynolds, Colin Richard-
and has been kept in a cell with no electricity. onstrated, they are up to the challenge and son, Jerry Rickelmann, III, Kathryn Roque,
When Mr. Hernandez participated in a hun- they will not be alone in overcoming it. Gina Ruzhansky, Victoria Savastano, Stephen
ger strike to protest the deplorable prison con- f Scheideler, Gianna Scimeca, Bryan Shin,
ditions, he was transferred to another prison Olivia Sluka, Dominick Smith, Zachary Smith,
over 400 miles away from his family and loved IN HONOR OF THE STUDENT Regina Smith, Alexis Stella, Rose Velli,
ones. In this prison, he languishes in a rat and GRADUATES OF PARAMUS Danielle Villa, Chelsea Virga, Thomas V.
insect infected dungeon which he shares with D.A.R.E. PROGRAM AT EAST onborstel, Corinne Weinzierl, Alison Wolfer,
common prisoners, many of which are consid- BROOK MIDDLE SCHOOL Cindy Wu, Hosun Yoo, Andrew Yoon, Geena
ered dangerous and unstable. Mr. Hernandez Yum, Ariana Zarour, Colette Zarour.
is routinely beaten and denied access to the HON. SCOTT GARRETT f
outside world. OF NEW JERSEY
Madam Speaker, on April 30, 2007, the IN THE HOUSE OF REPRESENTATIVES
PERSONAL EXPLANATION
PEN American Center, which works to ad- Wednesday, May 23, 2007
vance literature, defend free expression, and HON. MICHAEL M. HONDA
to foster international literary fellowship, Mr. GARRETT of New Jersey. Madam OF CALIFORNIA
named Mr. Hernandez the recipient of its 2007 Speaker, today, the Paramus Police Depart- IN THE HOUSE OF REPRESENTATIVES
PEN/Barbara Goldsmith Freedom to Write ment will hold its D.A.R.E. graduation cere-
Wednesday, May 23, 2007
Award honoring international literary figures mony with the students of East Brook Middle
School. More than 140 students are partici- Mr. HONDA. Madam Speaker, on Tuesday,
that have been imprisoned or persecuted for May 22, I was unavoidably detained and was
defending the basic human right of expres- pating in this important program that gives
young people the support they need to say no not present for six rollcall votes on that day.
sion. Let me be clear, Mr. Hernandez is con- Had I been present I would have voted:
fined in an infernal dungeon for reporting truth to drugs, underage drinking, and gang vio-
lence. no on rollcall 390 on agreeing to the Price
instead of the mandated lies of the dictator- of Georgia amendment No. 9; no on rollcall
ship in Cuba. Drug Abuse Resistance Education, or
D.A.R.E., began as a small program in Los 391 on agreeing to the Doolittle of California
My colleagues, it is unconscionable and amendment No. 19; no on rollcall 392 on
condemnable that just miles from our shores, Angeles in 1983. Today, it is implemented in
more than 75 percent of our Nations school agreeing to the Hensarling of Texas amend-
a grotesque gangster regime keeps thousands ment No. 30; no on rollcall 393 on agreeing
behind bars simply for supporting freedom and districts and in more than 43 other nations. It
uses positive peer pressure to help children to the Neugebauer of Texas amendment;
democracy. I ask all members of this great yea on rollcall 394 on agreeing to the
Congress to demand with one, united, voice, defeat the negative cultural influences that
bombard them daily. Neugebauer of Texas amendment No. 4; no
the immediate release of Normando on rollcall 395 on motion to recommit with in-
Hernandez Gonzalez and every political pris- I am proud of the young boys and girls who
participated in this program at East Brook Mid- structions for H.R. 1427.
oner in totalitarian Cuba.
dle School, and I would like to recognize them f
f
all for taking this step toward positive citizen- IN MEMORY OF DR. BENEDICT K.
EXPRESSING SYMPATHY TO THE ship: ZOBRIST
CITIZENS OF GREENSBURG, KAN- Pankti Acharya, Omar Al-Rashdan, Danielle
SAS Ambrose, Elias Atie, Benjamin Audi, Amanda
Aydin, Joseph Bacich, Matthew Barbara, Tim-
HON. IKE SKELTON
SPEECH OF OF MISSOURI
othy Barkho, Adam Basner, Brianna Behrens,
IN THE HOUSE OF REPRESENTATIVES
HON. TODD TIAHRT Christopher Billera, Lindsay Braverman, Vince
Wednesday, May 23, 2007
OF KANSAS
Calupad, Eric Carminio, Tyler Casamenti,
Alexa Cascione, Jessica Chakonis, Winnie Mr. SKELTON. Madam Speaker, it is with
IN THE HOUSE OF REPRESENTATIVES
Chau, Hae Chang Cheong, Daniel Choi, Emily deep sadness that I inform the House of the
Tuesday, May 22, 2007 Colasante, Matthew Criscione, Erica Cruz, death of Dr. Benedict K. Zobrist, the former di-
Mr. TIAHRT. Mr. Speaker, I rise today in Nicolas Datz, Dean Delucia, Michael rector of the Harry S. Truman Presidential Li-
sympathy of the citizens of Greensburg, Kan- DeSimone, Lillian Do, Timothy Dungan, brary.
sas. On May 4, 2007 a devastating tornado Jermiah Emmenuel, Shannon English, Dr. Zobrist was born in Moline, Illinois, on
ripped through the community and destroyed Veronique Falkovich, Kenny Frohnapfel, Gia August 21, 1921, son of Benedict and Lila A.
95 percent of the town. Ten lives were lost Fuerte, Cayla Gao, Kaitlyn Garcia, Miny Ge, Colson Zobrist. He graduated from Moline
and 1,500 people were directly affected by this Eric Giannantonio, Harlee Glock, Zoe Gnecco, High School in 1939 and went on to attend
deadly terror. Greensburg was a quiet and Keisuke Goto, Tance Gozukucuk, Nicholas Augustana College, but left his studies to join
charming town surrounded by pasture land Gramuglia, Daniel Grisanti, Rebekah Guidroz, the United States Army in 1942. After serving
lush and fertile. This town was preserved by Aris Gungormez, Leila Hassak, Sabrina Helm, in World War II and upon discharge from ac-
generations of hardworking people who valued Erik Helstrom, Adriana Hemans, Kellie Heom, tive duty, he returned to complete his college
what they had and worked to keep it. Darius House, Phillip Huffman, Yoon Jeong studies. It was at Augustana College that he
In the heartland, people know what it means Hwang, Jaime Iacono, Suguru Ikeda, Alen Jo, met Donna Anderson, his future wife. Benedict
to be a good neighbor. After this deadly tor- Laila Jouejati, Erica Kato, Ji Soo Kim, Ah graduated in 1946 with a bachelors degree in
nado ripped through the community, there Young Kim, Victor Kim, Alexandra Kipp, Caro- history and began graduate school at Stanford
were countless examples, of strength, com- line Kordell, Theodore Koutros, Karen University. However, he returned to the Mid-
passion and perseverance, traits we often see Kouyoumdjian, Anna Kuriakose, Richard west to be closer to Donna and on October
in Kansans. As people sifted through the Labarbiera, Kevin Lannigan, Stephanie 23, 1948, they were united in marriage.
shambles and rumble of what had been, at Lasprilla, Paul Lawton, Sarah Lee, Jun Oh Dr. Zobrist resumed his studies at North-
one time, their homes and personal belong- Lee, Monica Lehner, Andrew Licini, John western University, earning both a masters
ings, wheat trucks and regular old four wheel Lukert, Aysia Luna, Melissa Lynch, Fabio degree (1948) and a doctor of philosophy de-
drive pick-ups from neighboring towns drove in Macias, Yu Maruyama, David Medvitz, Samuel gree (1953) in history. After completing his
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to lend a hand and a shoulder of comfort. It Melendez, Paul Meyer, Matthew Miller, Koji education, Dr. Zobrist joined the staff of
is heartwarming to witness how Kansans have Minoda, Edwin Montalvo, Bryan Mosquera, Augustana College, where he became a full-
come together in response to the Greensburg Heather Murphy, Stephen Obregon, Timothy time faculty member in 1960. In 1962, he won
tragedy. Oechsner, Kevin Oh, Yula Oh, Daichi Omori, a Fulbright Fellowship and studied at Tunghai
Mr. Speaker, my heart and prayers go out Rasha Orfali, Pamela Ospina, Abigail Ovadia, University in Taichung, Taiwan. He also pur-
to all the citizens in Greensburg. Progress is Kyrstie Pagunsan, Sylvia Pak, Michael sued advanced studies at the East Asia Insti-
being made and being made daily. They are Paladino, Thomas Palestina, Michelle Park, tute at Columbia University in New York in
picking up the pieces of their lives from what Dean Park, Mona Park, Sungho Park, Alex- 196263.

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E1136 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
Dr. Zobrist moved to Missouri in 1969 to join I believe that the IDEA Act will address the that borrowers that go into default and have
the staff of the Truman Library in Independ- oft-overlooked side of federal student loan as- exhausted all relief from the loan holder would
ence; he became director shortly thereafter. sistance: repayment. For over four decades, automatically be consolidated into IDEA loans
He worked diligently to expand the collections most of the discussion regarding federal stu- in order to help them get their payments back
of the library, traveling from coast to coast to dent loans has primarily focused on making on track and avoid costly defaults. Thus the
meet with members of the Truman administra- ever-increasing amounts of money available to taxpayers investment will be protected from
tion, as well as other significant figures of that students to keep up with the rising costs of the damaging effects of borrower default,
period. Zobrist expanded the work of the Harry college tuition. which currently affects 5.1 percent of federal
S. Truman Library Institute, the not-for-profit However, providing students with larger student loans each year.
foundation associated with the library. He went loans to attend college leads to another, more Madam Speaker, the IDEA Act is an innova-
on to charter a course for the expansion of the complex challenge after graduation. How tive solution to the growing problem of unman-
Institutes education efforts and its support of should students be expected to repay these ageable debt loads for students. Students
the librarys operations within the National Ar- taxpayerfunded loans? This is an area that would be able to borrow what they need, up
chive system. Dr. Zobrist was most proud of has received relatively little attention until re- to the current Stafford limits, and later consoli-
instituting Truman Week, a week long an- cently. With students graduating with ever-in- date into IDEA loans knowing that their repay-
nual celebration held around President Tru- creasing debt loads, averaging over $18,000 ment amounts will be within their income lev-
mans May 8th birthday. this year and projected to continue to rise, stu- els and ability to pay. On the other hand, tax-
Dr. Zobrist maintained his affiliation with the dents are finding it increasingly difficult to payers can count on those loans being repaid
make loan payments on time and in full. as they are collected through the IRS. This is
United States Army as a reservist, and retired
Unfortunately, little has been done by way a responsible approach to a serious and grow-
as lieutenant colonel. He spent many sum-
of providing more flexible repayment options ing problem for student loan borrowers.
mers on active duty with the Office of the
Chief of Military History in Washington, DC,; for borrowers after graduation. Traditionally it f
he also served as a faculty member at the has been expected that the borrower will pay HONORING THE LIFE OF
Command and General Staff College, Fort the amortized loan over a standard period, REVEREND JOE BAMBERG
Leavenworth, and the Army Intelligence usually 10 years, with the same repayment
School, Fort Bragg. amount on day one as on the last day. How- HON. JEFF MILLER
Madam Speaker, I know the members of ever, this model of repayment fails to take into OF FLORIDA
the House will join me in extending heartfelt account that students often face periods of IN THE HOUSE OF REPRESENTATIVES
condolences to Donna Anderson Zobrist and significant unemployment or underemployment
during the first years after leaving college. Wednesday, May 23, 2007
their three sons: Karl, Mark, and Erik.
f As of now, for the most part, the only op- Mr. MILLER of Florida. Madam Speaker, on
tions available to borrowers are to request a behalf of the United States Congress, it is with
CONGRATULATING SHANA KHADER period of forbearance or slip into default, a heavy heart that I rise today to recognize
which is bad for both borrower and taxpayers. and remember an inspirational leader in our
HON. THOMAS G. TANCREDO We simply cannot keep providing more and community, Reverend Joe Bamberg. Brother
OF COLORADO more money for education if graduates then Joe left us Monday morning, May 21, at the
enter the workforce saddled with payments age of 91. Brother Joe was a selfless leader
IN THE HOUSE OF REPRESENTATIVES
they cant afford. who will sorely be missed by his family, con-
Wednesday, May 23, 2007 While there have been some attempts to gregation and community. Our thoughts and
Mr. TANCREDO. Madam Speaker, I rise provide more diverse repayment options, such prayers remain with Mary, his wife of 63
today to pay tribute to one of my constituents, as the income-contingent loan repayment pro- years, as well as his three children, one
Ms. Shana Khader of Occidental College. Ms. gram available through Direct Lending that grandchild, two great-grandchildren, and his
Khader is a teaching student and is a recipient has been in existence for over a decade, bor- sister.
of the prestigious Fulbright Award. This grant rowers have failed to adopt them, usually due In his early years, Brother Joe served as a
is given to promising individuals to aid them in to a lack of information or current program lim- pastor in his native Alabama hometown and
their academic and cultural pursuits abroad. itations. The bottom line is that Congress as an Army chaplain during World War II.
needs to develop better repayment alter- However, beginning in 1947, Brother Joe be-
The Fulbright Program was established by
natives for federal student loan borrowers, es- came the pastor of First Baptist Church of Mil-
Congress in 1946 and is sponsored by the
pecially as students continue to take out larger ton, where he served for 60 faithful years.
U.S. State Department. This program was de-
Reverend David Spencer, who is the current
signed to help build mutual understanding be- and larger loans in coming years.
I believe the IDEA Act does just that. This pastor of First Baptist Church, credits Brother
tween Americans and the global community. Joe for the constant growth of the congrega-
Individuals who are awarded this distinction legislation would allow any Stafford loan bor-
tion, saying He was such a worker, a tireless
have demonstrated outstanding academic or rower the ability to consolidate into a direct
person. He got out and found people, won
professional achievement and have proven IDEA loan with a repayment schedule that cor-
people for the Lord, and built up this church.
themselves as leaders in their field. responds to the borrowers income once in re- Brother Joe not only worked to strengthen
Madam Speaker, please join me in paying payment. This new schedule requires regular his own congregation, but also reached out
tribute to Ms. Khader and wishing her the best payments; however, it ensures that such pay- and led efforts to begin five other churches in
in her future endeavors. ments reflect the borrowers capacity to repay the community. The purpose of his ministry
f under their current income status. This feature was simply to lead others to Christianity, re-
would be particularly useful for those pursuing gardless of whom they were and which church
INTRODUCTION OF THE INCOME- lower-income, public-service careers. It also they attended.
DEPENDENT EDUCATION ASSIST- would help relieve some of the stress that bor- Brother Joes humility was one of his great-
ANCE ACT OF 2007 rowers face during periods of unemployment est qualities. As a pastor, he intentionally put
or underemployment following graduation. others before himself. To account for his char-
HON. THOMAS E. PETRI Another critical component of this legislation acter, his wife, Mary said her husband made
OF WISCONSIN is the direct collection of payments from the sure to stand at the same level as his con-
IN THE HOUSE OF REPRESENTATIVES borrower through IRS withholdings. By incor- gregation during the service. No matter the cir-
porating the IRS directly as the collection enti- cumstance, Joe never took a day off and he
Wednesday, May 23, 2007 ty, the borrowers income is automatically cal- refused many pay raise offers.
Mr. PETRI. Madam Speaker, today, I am in- culated into the repayment system and re- In 1980, Brother Joe graciously stepped
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troducing of the Income-Dependent Education duces the odds of fraud or abuse on the part down from the pulpit; however, he continued
Assistance (IDEA) Act of 2007. This legislation of the borrower or the collection agency. Fur- to serve as pastor emeritus. Persistent in his
would provide a new consolidation option for thermore, direct IRS collection would simplify work, he continued to assist his community
federal Stafford student loan borrowers with the process for borrowers and reduce their pa- through visiting and preaching at local hos-
an improved repayment schedule through di- perwork burden as the agency would already pitals and nursing homes.
rect IRS collection of payments, along with have the necessary information on file and in Brother Joe was truly a servant to the Milton
other new protections for borrowers and tax- place for processing the payment amounts community. Reverend Spencer most accu-
payers. and schedules. Finally, the IDEA Act stipulates rately describes the great significance of

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1137
Brother Joes life, saying, He was a fixture in riers domiciled in Mexico to operate beyond learning about archery in school but also re-
this county; I cannot overstate the impact he United States municipalities and commercial port higher attendance on days when archery
had on this community and on this church. It zones on the United States-Mexico border. is taught. I am pleased that Oxford Central
is certain that the world has lost a great man. Rollcall No. 349Yea School has not only embraced this successful
May God rest his soul and continue to bless H.R. 1585, NATIONAL DEFENSE AUTHORIZATION ACT program, but also seen such positive results
his family. Rollcall No. 351Nay from its implementation.
f Rollcall No. 352Nay The Oxford archery team is comprised of 24
Rollcall No. 355Yea outstanding shooters who finished well above
HONORING DR. RICHARD COE their competition in New Jersey. Two of the
Rollcall No. 364Nay
Rollcall No. 365Nay archers, Kayle Bethune and Sharlette Carey,
HON. PATRICK J. MURPHY Rollcall No. 366Nay finished in the top three in the state. They will
OF PENNSYLVANIA Rollcall No. 367Nay now go on to compete against archers from
IN THE HOUSE OF REPRESENTATIVES Rollcall No. 368Yea 41 other states for the national title. I expect
Wednesday, May 23, 2007 Rollcall No. 369Yea that the Oxford archery team will certainly be
Mr. PATRICK J. MURPHY of Pennsylvania. Rollcall No. 370Nay a force to be reckoned with during competi-
Madam Speaker, I rise today to honor Dr. Rollcall No. 371Nay tion.
Rollcall No. 372Yea Their individual performances and overall
Richard Coe for his exceptional career in edu-
Rollcall No. 373Yea team accomplishments thus far deserve our
cation and his tremendous contributions to the
H.R. 1427 most heartfelt congratulations and I wish them
community. Dr. Coe is retiring after nearly four
To reform the regulation of certain housing- the best of luck at the National Championships
decades as a teacher and administrator, roles
related Government-sponsored enterprises, on June 9th.
in which he served as an inspiration to both
students and colleagues alike. and for other purposes. f
For the past eight years, Dr. Coe has Rollcall No. 378Yea
PERSONAL EXPLANATION
served as the executive director of the Bucks Rollcall No. 379Yea
County Intermediate Unit #22. Through his Rollcall No. 380Yea
leadership and guidance, this organization has Rollcall No. 381Nay HON. VITO FOSSELLA
OF NEW YORK
improved the quality of education for students Rollcall No. 382Yea
Rollcall No. 383Yea. IN THE HOUSE OF REPRESENTATIVES
all across Bucks County. His steadfast com-
mitment to students and teachers has moti- f Wednesday, May 23, 2007
vated educators throughout our community to Mr. FOSSELLA. Madam Speaker, on roll
CONGRATULATING KRISTA BRUNE
follow his example of compassionate dedica- call no. 395 I was unavoidably detained. Had
tion. I been present, I would have voted yes.
Madam Speaker, Dr. Coe has been devoted HON. THOMAS G. TANCREDO f
to ensuring the education of all children, espe- OF COLORADO
cially those with special needs. He began his IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO THE EUGENE A.
career as special education classroom teach- OBREGON AMERICAN LEGION
Wednesday, May 23, 2007
er, later becoming an administrator of special POST 804 ON THE OCCASION OF
education services. Dr. Coe intimately under- Mr. TANCREDO. Madam Speaker, I rise ITS 60TH ANNUAL MEMORIAL
stands our societys fundamental responsibility today to pay tribute to one of my constituents, DAY SERVICE
to educate our youth. This means helping stu- Ms. Krista Brune of Princeton University. Ms.
dents overcome obstacles, no matter how Brune is a Latin American and Caribbean HON. LUCILLE ROYBAL-ALLARD
great or small. Like all great educators, Dr. studies student and is a recipient of the pres- OF CALIFORNIA
Coe can see the potential and ability in every tigious Fulbright Award. This grant is given to IN THE HOUSE OF REPRESENTATIVES
student. Each student is equally special and promising individuals to aid them in their aca-
demic and cultural pursuits abroad. Wednesday, May 23, 2007
equally important.
Madam Speaker, Dr. Coe will be missed in The Fulbright Program was established by Ms. ROYBAL-ALLARD. Madam Speaker, I
his role with the Bucks County Intermediate Congress in 1946 and is sponsored by the rise today to pay tribute to the Eugene A.
Unit. But Dr. Coe will leave behind a legacy U.S. State Department. This program was de- Obregon American Legion Post 804 located in
that will continue to inspire his colleagues. We signed to help build mutual understanding be- East Los Angeles in my congressional district
can all rest assured that retirement will do tween Americans and the global community. on the occasion of its 60th Annual Memorial
nothing to hinder Dr. Coes enthusiasm for Individuals who are awarded this distinction Day Service.
education. Dr. Coe has actively served the have demonstrated outstanding academic or Chartered by Congress in 1919, the Amer-
community with same eagerness and commit- professional achievement and have proven ican Legion was formed as a patriotic wartime
ment that he has shown in the classroom. A themselves as leaders in their field. veterans community service organization.
long list of community organizations have ben- Madam Speaker, please join me in paying Thirty-five years later, the American Legion
efited from Dr. Coes service. Madam Speak- tribute to Ms. Brune and wishing her the best Post 804 was chartered locally in East Los
er, Dr. Coe has been instrumental in the posi- in her future endeavors. Angeles.
tive development of our youth and our com- f Post 804 was named after East Los Ange-
munity, and I would like to thank him on behalf les war hero Private First Class Eugene Ar-
TRIBUTE TO OXFORD CENTRAL nold Obregon who was killed in Seoul, Korea
of those whose lives he has touched. SCHOOL ARCHERY TEAM in 1950 by enemy forces while in the line of
f
duty. Private Obregon served with Company
PERSONAL EXPLANATION HON. SCOTT GARRETT G, Third Battalion, Fifth Marines, First Marine
OF NEW JERSEY Division (Reinforced) and his death occurred
HON. CATHY McMORRIS RODGERS IN THE HOUSE OF REPRESENTATIVES just days before his 20th birthday.
OF WASHINGTON While serving as an ammunition carrier for
Wednesday, May 23, 2007 a machine gun squad, he was pinned down by
IN THE HOUSE OF REPRESENTATIVES
Mr. GARRETT of New Jersey. Madam hostile fire and left his covered position to at-
Wednesday, May 23, 2007 Speaker, I rise today with great pride to honor tend to a fallen Marine, dragging him to safer
Mrs. MCMORRIS RODGERS. Madam the archery team at Oxford Central School in ground. After seizing the Marines shoulder
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Speaker, while I was absent from the House Oxford, New Jersey. This excellent team has rifle, he used his own body as a shield to pro-
of Representative last week due to the birth of already proven themselves by winning the tect his wounded comrade, firing at the enemy
my son, I would like to state how I would have state championship in the National Archery in until he was fatally wounded by machine gun
voted on the following pieces of legislation if I the Schools Program. They will now go on to fire.
had been able to be present: compete in Louisville, Kentucky for the Na- For his courage and selflessness above and
H.R. 1773 tional Championship. beyond the call of duty, Private Obregon was
To limit the authority of the Secretary of The National Archery in the Schools Pro- posthumously awarded the United States Con-
Transportation to grant authority to motor car- gram has shown that students not only enjoy gressional Medal of Honorthe highest award

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E1138 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
for valor in action against an enemy force be- Mr. Zachary Barter of Brown University. Mr. in charge of greeting visitors and guiding them
stowed upon an individual serving in the Barter is a teaching student and is a recipient on their visits. In addition, she plays an impor-
Armed Services. of the prestigious Fulbright Award. This grant tant role in the safety of the students by mak-
My father, the late Congressman Edward R. is given to promising individuals to aid them in ing sure that all visitors are authorized and ac-
Roybal, himself a World War II veteran, was their academic and cultural pursuits abroad. counted for. Furthermore, Bette has been ac-
extremely grateful to Private Obregon and the The Fulbright Program was established by tive in the Valparaiso Organization for Learn-
many other men and women who made the Congress in 1946 and is sponsored by the ing and Teaching Seniors (VOLTS) program,
ultimate sacrifice in defense of our nation. My U.S. State Department. This program was de- as well as the Lyric Opera Lecture Corps, a
father was among the founding members of signed to help build mutual understanding be- program aimed at introducing children to clas-
Post 804, and it was always important to him tween Americans and the global community. sical music.
that Memorial Day be observed with a heart- Individuals who are awarded this distinction Bob Buhle has served in many capacities
felt and patriotic tribute to the fallen. If my fa- have demonstrated outstanding academic or for the Hilltop Neighborhood House for several
ther were with us today, he would be the first professional achievement and have proven years, including Board President and Vice
to commend Post 804 for its 60-year tradition themselves as leaders in their field. President. In addition, he has been instru-
of organizing these poignant Memorial Day Madam Speaker, please join me in paying mental in the construction of the Hilltop Com-
services. tribute to Mr. Barter and wishing him the best munity Health Center, as well as a dedicated
This year, the American Legion Post 804 member of the organizations Board Develop-
in his future endeavors.
will be holding an inspirational 24-hour Memo- ment Committee and Finance and Audit Com-
rial Day Patriotic Vigil. It will begin at 10 a.m. f
mittee. Not only has Bob dedicated himself to
on Sunday, May 27 and conclude on Monday, PERSONAL EXPLANATION Hilltop, he has also donated much of his time
Memorial Day, May 28 at 10 a.m. The conclu-
and efforts to Habitat for Humanity.
sion of the vigil will mark the beginning of the
Posts Memorial Day service at Cinco Puntos
HON. SHELLEY BERKLEY Chelsey Dunleavy, a peer tutor in the Life
OF NEVADA Skills Program at Valparaiso High School, has
in East Los Angeles, and the entire community
IN THE HOUSE OF REPRESENTATIVES served as President of the HOPE Club for the
has been invited to participate.
Many of the Posts 150 members who will past two years. As a volunteer in the Life
Wednesday, May 23, 2007 Skills Program, Chelsey devotes her spare
participate in the service know firsthand the
toll that war takes on our brave men and Ms. BERKLEY. Madam Speaker, I was un- time to helping students with special needs.
women who serve. The Posts membership in- able to vote on rollcall Nos. 397 through 402. As President of the HOPE Club, she plans
cludes veterans of World War I, World War II, Had I been present, I would have voted aye and supervises activities and events and does
the Korean War, Vietnam, Lebanon, Grenada, on rollcall Nos. 397, 398, 399, 400, 401, and so in a manner that allows everyone to partici-
Panama, Afghanistan and the Persian Gulf. 402. pate. Chelsey is also very active in her
In addition to the Posts Memorial Day serv- f church, where she teaches Sunday school, as
ice, Post 804 supports and sponsors a num- well as in various other programs at
TRIBUTE TO OUTSTANDING Valparaiso High School. In performing any
ber of important community events throughout
VALPARAISO, INDIANA NOON tasks, Chelsea is known for her ability to excel
the year, including Veterans Day services at
KIWANIS CLUB VOLUNTEERS far beyond any expectations, and more im-
Atlantic Park in East Los Angeles, a toy drive
for the Children of Brooklyn Avenue School, pressively, to do so without expecting anything
school presentations on the American Flag HON. PETER J. VISCLOSKY in return.
and Patriotism, and voter registration and OF INDIANA An avid runner, Michele Hale, has been a
blood drives. IN THE HOUSE OF REPRESENTATIVES volunteer with Opportunity Enterprises for the
The Post is also home to Sons of the Amer- past seven years. Pairing her love for long-dis-
Wednesday, May 23, 2007
ican Legion Post 804 and the Veterans of For- tance running with her commitment to serve
eign Wars Post 4696, including its Ladies Aux- Mr. VISCLOSKY. Madam Speaker, it is my her community, Michele leads the Opportunity
iliary. The Los Angeles Chapter of the His- distinct honor to commend nine exceptional in- Enterprises Lake County Marathon Training
panic Airborne Association, the San Gabriel dividuals from Northwest Indiana who have Team and also serves as the organizer for an
Valley Chapter of the 82nd Airborne Associa- been recognized as outstanding volunteers by annual charity bike run. Michele also serves
tion, and the Rice Patties Jumpers Chapter of the Valparaiso, Indiana Noon Kiwanis Club. as President of the Calumet Region Striders
187th Regiment also call the Post home. These individuals are: Judy Back, Elizabeth and contributes much of her efforts to the
Madam Speaker, I salute Post 804 for its Bette Brown, Bob Buhle, Chelsey Dunleavy, Cancer Foundation, the Muscular Dystrophy
patriotic and meaningful work in the commu- Michele Hale, Sandy Jenkins, Beverly Association, and Saint Judes Childrens Hos-
nity and for steadfastly holding true to its basic Overmyer, Pat Puffer, and Rob Thorgren. pital.
tenants to safeguard the principles of justice, These honorees will be recognized at the Sandy Jenkins, a volunteer for the Porter
freedom and democracy and to promote Sixth Annual Valparaiso Kiwanis Club Founda- Auxiliary, has contributed countless hours to
peace and goodwill on earth . . . Through its tion Volunteer Recognition Program, which will the organization and the people it serves.
efforts in organizing Memorial Day services be held on Wednesday, May 30, 2007, at the While her primary duty is to provide informa-
and its other important community under- Strongbow Inn in Valparaiso. This annual tion for visitors at the front desk, Sandy has
takings, the Post serves as a living memorial event recognizes the efforts of outstanding always welcomed additional responsibilities
to our men and women in uniform who have community volunteers and celebrates the spirit with the Auxiliary and has served in a secre-
made the ultimate sacrifice for our country. of volunteerism in Valparaiso. tarial capacity and in public relations as well.
I ask my colleagues to join me in recog- Judy Back, of the Salvation Army, has been For her efforts and her unwavering dedication
nizing the outstanding work of the Eugene A. a constant role model and a true inspiration to to the Porter Auxiliary, Sandy has even been
Obregon American Legion Post 804 on the oc- her community through her many volunteer ef- featured in the Stay Healthy magazine.
casion of its 60th Annual Memorial Day Serv- forts. Having served on and chaired many A volunteer with the Independent Cat Soci-
ice at Cinco Puntos in East Los Angeles, and boards throughout the years, Judy has been ety, Beverly Overmyer has fully dedicated her-
in commending the Post for its dedication to extremely active in her efforts with the Porter self to the organization. Among other roles,
preserving the memories of our brave soldiers County Angel Tree Program, a program that Beverly has served on the Board of Directors,
to ensure that we never forget. provides children with gifts and families with as Corresponding Secretary, writer for the
f food for the holidays. Judy has also been ac- Mewsletter, room parent, co-chair of the public
CONGRATULATING ZACHARY tive in many other facets of the Salvation relations committee, and in many fundraising
Army, as well as the Purdue North Central capacities. Though extremely committed to the
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BARTER
Womens Association, of which she was the Independent Cat Society, Beverly also finds
founding president. time to volunteer for the Taltree Arboretum,
HON. THOMAS G. TANCREDO Bette Brown, a retired teacher with the where she serves as an instructor and pre-
OF COLORADO
Valparaiso Community Schools, has enriched pares materials for field trips, and is very ac-
IN THE HOUSE OF REPRESENTATIVES
the lives of countless students over the years. tive in the Kankakee Valley Historical Society.
Wednesday, May 23, 2007 Since her retirement, she has continued to Pat Puffer is being honored for her many ef-
Mr. TANCREDO. Madam Speaker, I rise volunteer at Valparaiso High School, serving forts in the community, most notably, her work
today to pay tribute to one of my constituents, as front desk person. In this capacity, Bette is with the Porter-Starke Services Foundation.

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1139
Pat has served the foundation in various ca- Telework Exchange, the MidAtlantic Telework As part of its Odyssey of the Jews of
pacities, such as board member and sponsor- Advisory Council, and the International Greece series of cultural events, Bnai Brith
ship and silent auction committee member for Telework Association and Council. International recognized the efforts of Ambas-
the Art of Healing Gala. Passionate about her The Trademark telework program is a suc- sador Mallias in working with American Jewish
service to the community, Pat has been in- cessful model for other governmental agen- organizations to promote a closer relationship
volved not only with Porter-Starke, but with cies. Combining management by objective between Greece and Israel. Bnai Brith Exec-
numerous other organizations and fundraising with hoteling results in proven space and re- utive Vice President Dan Mariaschin ex-
efforts, including: the Valparaiso Ethics Com- lated cost savings for the agency. The pro- pressed the organizations gratitude to Ambas-
mittee, Parkinson Style Show, American Heart gram also demonstrates that flexibility of sador Mallias and highlighted the long history
Association, Valparaiso YMCA, Childrens Mu- schedules and location enables employees to of the Jewish people in Greece.
seum of Valparaiso, United Way of Porter maximize their working efficiency, which is re- On a personal note, my own family was part
County, Crisis Center, Boys and Girls Club, flected in production gains by its participants of that history. My great grandparents and ma-
American Cancer Society, and Special Kids and the Office. The extremely low attrition rate ternal grandmother emigrated from Greece to
Special Needs, to name a few. experienced by the TWAH participants shows the United States, and many of those family
Rob Thorgren has been a volunteer with the that agencies facing recruitment and retention members they left behind in the Jewish com-
Valparaiso YMCA for the past five years. A problems would be well-served by offering munity of Thessaloniki perished at the hands
leader within the organization and his commu- telecommuting options, similar to those of the of the Nazis during the Holocaust.
nity, Rob has served in many capacities with USPTO, to attract and retain qualified workers. I would like to congratulate Ambassador
the YMCA. He has served on the Board of Di- I have been a longtime advocate of com- Mallias, and insert his remarks into the
rectors, as a Strong Kids Campaigner, and as muter friendly policies such as telecommuting. RECORD.
a special events volunteer. Additionally, he Proven benefits include helping to offset the (A) RELATIONS BETWEEN GREEKS AND JEWS
has served as a member of the Capital Cam- high price of gasoline, continuity of operations THROUGH THE CENTURIES
paign Development Committee and the Build- in the case of a future threat or disaster, im- Greeks and Jews are connected by history,
ing Committee for the new Valparaiso Family proved air quality, reduction in traffic conges- geography, monotheistic religions, philos-
tion, increased employee productivity and ophy, trade, social sciences, arts.
YMCA. The two peoples have been interacting
Madam Speaker, I ask you and my distin- work quality, improved employee morale, and
since the beginning of recorded history.
guished colleagues to join me in commending employee cost savings. As the Nations largest There is recorded presence of Jews in the
these outstanding individuals on their recogni- employer, the Federal Government should be Greek world, what Jews first named Gen-
tion as honored volunteers by the Valparaiso the leader in telework policy. The USPTO tiles, centuries before Christ. The presence of
Kiwanis Club Foundation. Their years of serv- serves as the gold standard for the Federal Jewish community in Thessaloniki, the cap-
ice and dedication have played a major role in Government thanks to the efforts of Deborah ital of Macedonia, goes back to the 2nd cen-
Cohn. tury BC.
shaping the future of Northwest Indiana, and The most important sites of Christianity
Ms. Deborah Cohn is a graduate of The
each of the honorees is truly an inspiration to in the Holy Land are under the supervision
American University and George Mason Uni-
us all. of the Greek Orthodox Patriarchate. It is a
versity School of Law. She began her career unique and the most ancient surviving insti-
f
at the USPTO in 1983 as a trademark exam- tution on earth.
TRIBUTE TO DEBORAH COHN ining attorney, was promoted to senior attor- Over the years, Greece has forged strong
ney and then managing attorney, and then ties with Israel. Bilateral relations are at a
joined the Senior Executive Service as a very good level. Political, economic and cul-
HON. JAMES P. MORAN tural relations have gained their own dy-
OF VIRGINIA
Trademark Law Office Director in 2001. Ms.
Cohn was named Deputy Commissioner for namic.
IN THE HOUSE OF REPRESENTATIVES (B) HOLOCAUST
Trademark Operations in 2005 whereby she
Wednesday, May 23, 2007 currently oversees the examination and proc- During the Second World War, Greek Jews
shared the fate of their fellow Jews all over
Mr. MORAN of Virginia. Madam Speaker, I essing of applications throughout the trade-
the continent in the hands of the Third
rise today to recognize the fine work of Debo- mark operation and works with other USPTO Reich.
rah Cohn, Deputy Commissioner for Trade- business units in achieving agency goals. According to the Central Board of Jewish
mark Operations at the United States Patent Throughout her legal career at the USPTO, Communities in Greece: When, during the
and Trademark Office (USPTO), for her lead- Ms. Cohn has been involved in work-life im- German occupation, the hateful campaign
ership in promoting government telework. As a provement initiatives. She is a former Council against the Jews started, their Christian
of Excellence in Government fellow where she compatriots showed compassion and soli-
result of her ingenuity and perseverance with
first began developing the TWAH program. darity.
this program, Ms. Cohn spearheaded the de- Archbishop of Greece Damaskinos de-
velopment of the USPTOs telework program Ms. Cohn is a sought after resource, speaker, clared: We are all Jews. He filed to the
at a time when telework was unconventional, and expert on the development and manage- German Authorities 2 petitions asking them
and her efforts have paid off as the program ment of telework programs. to stop the persecution of the Jews. The peti-
is among the most successful telework pro- I ask my colleagues to join me in com- tions were undersigned by 29 leading cultural
grams within the Federal workforce. memorating Ms. Cohns efforts in making the institutions and professional bodies of the
This year, the Trademark Work at Home USPTOs telework program the most success- country, including the Academy of Athens.
ful program within the Federal Government. I Many ordinary Greeks in rural Greece and
(TWAH) program is celebrating its 10th anni- big cities risked their lives and the lives of
versary. Established in March of 1997, TWAH also ask my colleagues to join me in cele-
their families by sheltering Greek Jews.
began as a pilot program with 18 telework vol- brating the 10th anniversary of the Trademark Fortunately, the decimated Greek Jewish
unteers. Today, TWAH is the most successful Work at Home program. community with the assistance of the state
and progressive program in the Federal Gov- f and energized by its unique spiritual inherit-
ernment, involving 85 percent of eligible trade- ance survived the massacre of the Holocaust.
CONGRATULATING THE AMBAS- Today the Greek Jews have reclaimed their
mark examining attorneys, who work 4 days SADOR OF GREECE TO THE rightful position among the most dynamic
per week at home. UNITED STATES, MR. and progressive segments of the Greek soci-
The USPTO, located in my congressional ALEXANDROS MALLIAS ety.
district in Alexandria, VA, has received many The message of the Holocaust: Never
distinguished awards for opening doors to its Again.
telework program. These include the most re-
HON. SHELLEY BERKLEY (C) INDICATIVE MEASURES ADOPTED BY THE
OF NEVADA
cent 2007 Work-Life Innovative Excellence GREEK STATE.
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IN THE HOUSE OF REPRESENTATIVES


Award from the Alliance for Work-Life First post World War II Greek Government
Progressthe highest honor offered by the or- Wednesday, May 23, 2007 was the first among European countries to
ganization, which was created to showcase Ms. BERKLEY. Madam Speaker, I rise to pass legislation for the restitution of the
programs and policies that demonstrate excel- congratulate the Ambassador of Greece to the property confiscated by the German occupa-
tion Forces. Unclaimed property did not re-
lence in promoting work-life effectiveness United States, Mr. Alexandros Mallias, who vert to the state but was given to the Jewish
while achieving institutional goals. Other nota- was recently honored by the Bnai Brith Inter- Community.
ble awards include those from the Metropoli- national Center for Jewish Culture for his com- Designation by Law 3218/2004 of the 27th of
tan Washington Council of Governments, the mitment to advancing Jewish-Greek relations. January as the day of Remembrance of the

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E1140 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
Holocaust. Legislation was praised by many Nash, and many family members in Middle day work of democracy, Teresa Kirkeeng-
members of the US Congress. River and Essex, Maryland. Kincaid truly earned the title of hero.
Greece became a full member of the Task Madam Speaker, today I ask that you join
Force for International Cooperation on Holo-
with me in honoring the life of a man truly f
caust Education, Remembrance and Re-
search (Cracow Session 1218 November 2005). dedicated to serving his Country.
f
DEAMONTES LAW, H.R. 2371
Memorials have been erected in many cit-
ies throughout Greece.
PERSONAL EXPLANATION
Public TV often shows documentaries and
historical series on the Holocaust.
HON. ELIJAH E. CUMMINGS
Since school year 20052006, the Holocaust HON. JOHN B. LARSON OF MARYLAND
is included in the curriculum of the third IN THE HOUSE OF REPRESENTATIVES
OF CONNECTICUT
grade Lyceum (age 1718 years old) entitled
War crimesthe Holocaust and students IN THE HOUSE OF REPRESENTATIVES Wednesday, May 23, 2007
are tested at the end of the school year. Wednesday, May 23, 2007
An extensive revision of textbooks is being
Mr. CUMMINGS. Madam Speaker, I rise
undertaken by the Pedagogical Institute. A Mr. LARSON of Connecticut. Madam today to announce that I have introduced
new textbook and teachers guidelines will Speaker, I regret that I did not vote on rollcall Deamontes Law, H.R. 2371, a bill to estab-
be issued next year. Textbooks of primary vote No. 400, on May 22, 2007. Had I been lish a dental home for every American child by
and secondary education are also being re- present, I would have voted: Yea on rollcall increasing dental services in community health
vised. No. 400 on the motion to suspend the rules centers and training more individuals in pedi-
(D) HISTORIC PERSPECTIVE and pass H.R. 2399, to amend the Immigra- atric dentistry.
Greece has firmly condemned pronounce- tion and Nationality Act to combat the crime of The legislation is named for Deamonte Driv-
ments by the Iranian President calling for alien smuggling and related activities and for er, a 12-year-old Maryland boy who died on
Israel to be wiped-off the map and denying other purposes. February 25, 2007, when a tooth infection
the indisputable fact of the Holocaust. How
f spread to his brain. A routine dental checkup
would anyone deny this fact when the Greek-
Jewish community almost vanished during might have saved his life, but Deamonte was
IN TRIBUTE TO TERESA poor and homeless and he did not have ac-
the German occupation of Greece? KIRKEENG-KINCAID
The unique historic perspective of the Jew- cess to a dentist.
ish people guarantees that the issue of Mac- When I learned of this senseless tragedy, I
edonia is well understood. After all, one of HON. RAY LaHOOD was deeply shaken. I simply cannot com-
the most ancient and flourishing Greek-Jew- OF ILLINOIS prehend how, in this country where we have
ish communities is in Thessaloniki. Jews IN THE HOUSE OF REPRESENTATIVES
from Macedonia who after WW II emigrated
sent a man to the moon, we let a little boys
to Israel or the US are proud for their Greek Wednesday, May 23, 2007 teeth rot so badly that his infection became
inheritance. fatal.
Mr. LAHOOD. Madam Speaker, I rise today
History transcends national borders. It be-
to pay tribute to Teresa Kirkeeng-Kincaid, a I often say that as adults, we have a re-
longs to all of us. Political differences can- sponsibility to provide for and protect our chil-
not justify the distortion of history in any remarkable civil servant who dedicated her en-
tire career to making her community, the Illi- drenand we failed to meet that responsibility
form. Greeks and Jews understand that.
nois River basin, the Upper Mississippi River for little Deamonte.
f
Region and her Nation a better place. Teresa I think we all should be ashamed by that
IN HONOR AND MEMORY OF ARMY passed away last week at the young age of fact. I know I am.
SPECIALIST CASEY W. NASH 48, after a courageous battle against cancer. That is why I have made a commitment to
Her legacy, however, will continue long into addressing this issue from every angle. I knew
HON. C.A. DUTCH RUPPERSBERGER the future. Teresa dedicated her entire profes- that if Deamonte was suffering in my home
OF MARYLAND sional life to working for the Federal Govern- state of Maryland, other little boys and girls
IN THE HOUSE OF REPRESENTATIVES
ment. I have long believed that government like him were probably also suffering.
service is a high and important calling. The To be clear, Deamontes case was rare and
Wednesday, May 23, 2007 hours are often long, the pressures are great, extreme; however, even the most casual in-
Mr. RUPPERSBERGER. Madam Speaker, I and the monetary compensation is frequently vestigation reveals that children across the
rise before you today to honor Army Specialist lower than what is available in the private sec- country are living with painful, untreated tooth
Casey W. Nash, who died the eighteenth of tor. Teresa was one of those individuals who decay, many of them dangerously close to ac-
May two-thousand seven in support of Oper- was more concerned with making a difference quiring life-threatening infections.
ation Iraqi Freedom. than making a fortune. Teresa joined the U.S. The Centers for Disease Control and Pre-
Specialist Nash and two other soldiers were Army Corps of Engineers as a civil engineer vention reports that tooth decay in baby teeth
killed by an improvised explosive device in with the Rock Island District in 1981, and con- has increased 15 percent among United
Tahrir, Iraq. He died of serious injuries when tinued with the Corps for 26 years. In that States toddlers and preschoolers 2 to 5 years
the roadside-improvised explosive device det- time, she served in many roles, including As- old, between 1988 to 1994 and 1994 to 2004;
onated near his unit. Specialist Nash enlisted sistant Chief of the Planning, Program and Tooth decay is the single most common
in the Army in February 2003, shortly after Project Management Division. childhood chronic disease, and it dispropor-
graduating from Eastern Technical High During her two and a half decades of serv- tionately affects poor and minority children;
School, where he played football. Casey was ice, Teresa earned a reputation on the Illinois
Eighty percent of dental decay occurs in just
assigned to the 1st Battalion, 12th Cavalry River basin, the Upper Mississippi Region and
25 percent of children; and
Regiment, 3rd Brigade Combat Team, 1st across the Nation as a public servant of great
Cavalry Division at Fort Hood, Texas. Casey dedication and integrity. She played a leader- Parents are three times more likely to report
served as a fire support specialist and his du- ship role in formulating navigation, flood dam- that their childrens dental needs are unmet,
ties included mapping coordinates and driving age, and ecosystem restoration projects when compared with general medical care
a Humvee. He was serving his second tour of throughout the entire Upper Mississippi River needs.
duty in Iraq. basin. She was the go to person throughout A silent epidemic of dental disease is plagu-
Casey Nash was born in Pasadena, Texas, the Corps of Engineers on numerous planning ing our children, and our inability to address
and moved to Middle River, Maryland with his issues. The team she led reestablished the this issue has had horrifying effects.
family when he was a child. He attended Vic- Corps Planning Associates program to train That is why I have introduced Deamontes
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tory Villa Elementary School and Middle River future planners for the Corps, a legacy that Law, H.R. 2371, which would address two
Middle School before attending Eastern Tech- will last for many decades. critical factors contributing to the inability of
nical High School. Casey moved to Essex, I had the occasion to meet Teresa several children like Deamonte to access a dentist:
Maryland with his mother, Sandra Nash, and times, and know the very high regard in which Deamontes Law would ensure that chil-
his sister while he was in high school. she was held by her co-workers, her countless dren like Deamonte have access to dental
The Eastern Technical High School alumnus friends, and her loving family. It is my hope services in the communities where they live.
is succeeded by his father, Lewis Nash, his they will take solace in the fact that through Community health centers provide a health
mother, Ms. Sandra L. Nash, his sister, Sara more than two decades of doing the day-to- safety net to underserved areas, such as

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1141
rural and urban communities; however, an es- TRIBUTE TO JESUS ARMASHAY- HONORING THE STATE OF TEXAS
timated 42 percent have gaps in their capacity WARD CITY MANAGER FOR ITS CONTRIBUTIONS TO THE
to provide dental care. Deamontes Law EXTRAORDINAIRE NATIONS CIVIL SPACE PRO-
would address this issue by establishing a 5- GRAM
year, $5 million pilot program to provide funds
for dentists, equipment and construction for HON. FORTNEY PETE STARK HON. NICK LAMPSON
dental services at community health centers. OF CALIFORNIA OF TEXAS
The program would also provide support for IN THE HOUSE OF REPRESENTATIVES
IN THE HOUSE OF REPRESENTATIVES
contractual relationships between centers and Wednesday, May 23, 2007
private practice dentists. Wednesday, May 23, 2007
Mr. LAMPSON. Madam Speaker, a resolu-
Deamontes Law would also address the Mr. STARK. Madam Speaker, I rise today to tion honoring the State of Texas for its con-
dentist shortage. The U.S. Department of pay tribute to Jesus Armas, City Manager of tributions to the Nations civil space program.
Health and Human Services estimates that Hayward, CA. Mr. Armas is ending his long Whereas the Johnson Space Center (JSC),
there is a shortage of 4,650 dentistsand pe- and distinguished career with the City of Hay- originally established as the Manned Space-
diatric dentists are even more scarce. ward at the end of June 2007. Mr. Armas, who craft Center in Houston, Texas in 1961 and
Deamontes Law would address this issue has been associated with the City for nearly later renamed in honor of President Lyndon B.
by establishing a 5-year, $5 million pilot pro- 20 years, was initially Assistant City Manager Johnson in 1973, continues to lead the Na-
gram to enhance training and academic pro- and since 1993 has held the position of City tional Aeronautics and Space Administrations
(NASA) efforts in human space exploration;
grams in pediatric dentistry, recruit and train Manager.
Whereas JSC Houston is the home of
dentists to study pediatrics, and provide con- During his tenure, Mr. Armas has assisted NASAs Mission Control, the Astronaut Corps,
tinuing education for practicing dentists. the City Council in addressing a number of and is the premier center for our nations
The legislation is endorsed by the American issues that were outstanding at the time of his human space flight and related scientific and
Dental Association. appointment as City Manager. Among his first medical research efforts;
tasks was to help the City Council address the Whereas JSCs team of dedicated profes-
I was joined in introducing this legislation by
financial challenges facing the City. The City sionals has made advances in science, tech-
my colleagues, Chairman HENRY A. WAXMAN was experiencing declining revenues and a re- nology, engineering and medicine that enable
of California and Chairman DENNIS KUCINICH duction in its fund balance. Working with de- us to explore our world and universe as never
of Ohio. partment heads and with the cooperation and before, and to derive unparalleled benefits
I want to thank both Congressmen for their assistance of employees and their associa- from that exploration;
leadership and dedication to this issue. tions or unions, various cost-saving measures Whereas JSC currently employs over 3,200
were presented and adopted by the Council, civil servants that include the NASA astronaut
On May 2, 2007, at my request, we con- corps and over 12,000 contractor employees,
resulting in a balanced budget. This spirit of
ducted an oversight hearing entitled, Evalu- which makes a significant positive economic
cooperation among all members of the organi-
ating Pediatric Dental Care under Medicaid to zation was employed once again a decade impact on both the state of Texas and the city
investigate Deamonte Drivers death. later when a downturn in the economy re- of Houston;
At the hearing, it became apparent that the quired another belt tightening, Whereas NASAs Explorer School program
Centers for Medicare and Medicaid Services in Texas brings together educators, adminis-
Mr. Armas has initiated and implemented a trators, students and families in sustained in-
has categorically failed to meet its oversight number of significant changes, which have volvement with NASAs education programs
responsibilities with regard to ensuring that made Hayward a better place in which to live and provides grants to schools to support the
state health departments, and the managed and work. Under the City Councils direction, purchase of technology tools, online services
care organizations that they contract with, are he initiated projects that dramatically trans- and in-service support for the integration of
in compliance with the law. formed downtown Hayward. Construction of a technology applications to engage students in
Section 1905(r)(3) of the Social Security Act new award-winning City Hall served as a cata- advanced science and mathematics investiga-
ensures that every Medicaid-eligible child will lyst for significant public and private sector in- tions;
vestments in the downtown area. Housing and Whereas NASAs next missionSpace
have access to medically necessary dental
retail development continue at a fast pace. Shuttle Mission STS117is scheduled to
care under the early and periodic screening,
While many communities in the Bay Area launch this summer and honors the state of
diagnostic and treatment (EPSDT) provision.
talked about the concept of transit-oriented de- Texas by having 3 hometown astronauts
However, it is evident from our investigation velopment, Hayward went beyond the talking aboard Mission Specialist James F. Reilly of
that this has not been the case. stage and caused the concept to become a Mesquite and Mission Specialists Patrick G.
That is why Chairman KUCINICH and I sent reality. Mr. Armas describes the transformation Forrester and John D. Olivas, both of EI Paso;
letters to CMS Director Dennis Smith and of downtown as something he is especially and
Health and Human Services (HHS) Depart- proud of. Whereas native Texans and Astronauts
ment Secretary Michael Leavitt to ensure that Jesus Armas has been the force and vision Robert S. Kimbrough and Shannon Walker
they are fulfilling their statutory obligation to behind many projects that have enhanced the have qualified for future space flights as mis-
provide comprehensive dental care to every sion specialists, Astronaut Timothy L. Kopra is
social, financial and environmental well-being
currently in training at JSC for future flight as-
Medicaid-eligible child. of the City of Hayward. In reflecting on his ten-
signments, Astronaut Michael E. Fossum has
I remain committed to addressing this prob- ure, Mr. Armas said that beyond the bricks
flown 1 space flight, and Astronaut Kenneth D.
and mortar, what is noteworthy has been the
lem from every angle, and I would urge all my Cockrell has flown on 5 space flights: Now,
opportunity to work in a diverse community,
colleagues to join me by supporting therefore, be it
where differences involving race, ethnicity and
Deamontes Law, H.R. 2371. Resolved, That the House of Representa-
languages, are embraced and seen as posi-
tives
I want to thank Representatives MILLER, tive rather than negatives aspects of the com-
(1) Recognize these remarkable achieve-
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COHEN, GRIJALVA, SERRANO, MCCOLLUM and munity.


ments to the nations Civil Space Program by
PAYNE for already cosponsoring the legislation, Mr. Armas states I will be eternally grateful the State of Texas and its residents; and
and I would urge all of my colleagues to join to Hayward residents for allowing me to expe- (2) Congratulate NASA employees, astro-
them. rience a rewarding and enriching professional nauts, students, and teachers, for their ongo-
Childrens lives are at stake. I can think of career, I join the City of Hayward, CA in ex- ing contributions to the advancement of United
no better reason to act with a great sense of pressing our profound appreciation to Mr. States engineering, scientific, and aeronautic
urgency. Armas for his exemplary commitment and capacity, ensuring a brighter and stronger fu-
dedicated public service. ture for this Nation.

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E1142 CONGRESSIONAL RECORD Extensions of Remarks May 23, 2007
RECOGNIZING JAMES HATLER FOR reason she was awarded the Combat Action Noncommissioned Officers Academy. I am so
ACHIEVING THE RANK OF EAGLE Badge. Her awards also include the Bronze honored to recognize Chief Taylor for her
SCOUT Service Medal, Meritorious Service Medal, dedication to the United States.
Army Commendation Medal, Army Achieve- Madam Speaker, it is with great admiration
HON. SAM GRAVES ment Medal, Army Good Conduct Medal, Na- and pride that the Congressional Caucus for
OF MISSOURI
tional Defense Service Medal, Drill Sergeant Womens Issues honors these four service-
Badge, and Combat Action Badge. I am truly women and their extraordinary accomplish-
IN THE HOUSE OF REPRESENTATIVES
pleased to honor SFC Barbara Clavijo for her ments. In a time when our military faces espe-
Wednesday, May 23, 2007 service and dedication. cially difficult challenges both at home and
Mr. GRAVES. Madam Speaker, I proudly Master Chief Ann L. Tubbs began her ca- abroad, these four women have shown excep-
pause to recognize James Hatler, a very spe- reer with the U.S. Coast Guard in July 1980 tional courage, ability and loyalty to the Armed
cial young man who has exemplified the finest when she graduated from the Coast Guard Services of the United States of America.
qualities of citizenship and leadership by tak- Training Center in Cape May, New Jersey and They are true shining examples of the numer-
ing an active part in the Boy Scouts of Amer- was assigned to Coast Guard Station ous women serving in our military today.
ica, Troop 214, and in earning the most pres- Jonesport in West Jonesport, ME. Later, she f
tigious award of Eagle Scout. was assigned aboard the Coast Guard ice-
breaker Glacier where she made 2 trips to IN TRIBUTE TO THE LATE CAP-
James has been very active with his troop,
Antarctica as part of Operation Deep Freeze. TAIN PETER CHARLES
participating in many scout activities. Over the
After leaving Glacier, Master Chief Tubbs SIGUENZA, USMC (RET)
many years James has been involved with
scouting, he has not only earned numerous spent 2 years in Mobile, AL., as a small boat
merit badges, but also the respect of his fam- engineer running search and rescue boats in HON. MADELEINE Z. BORDALLO
the Gulf of Mexico. OF GUAM
ily, peers, and community.
Madam Speaker, I proudly ask you to join In August 2001, she accepted an active IN THE HOUSE OF REPRESENTATIVES
me in commending James Hatler for his ac- duty position in the Office of Reserve Affairs at Wednesday, May 23, 2007
complishments with the Boy Scouts of Amer- Coast Guard Headquarters in Washington, Ms. BORDALLO. Madam Speaker, I rise
ica and for his efforts put forth in achieving the DC. In 2002, she advanced to Senior Chief today to honor the life and service of Captain
highest distinction of Eagle Scout. Petty Officer and was assigned as the Enlisted Peter Charles Siguenza, United States Marine
f Gender Policy Advisor to the Commandant. Corps (Retired), who passed away on May 17,
She advanced to Master Chief Petty Officer on 2007, just two days after his 87th birthday. He
10TH ANNUAL WOMEN IN MILI- January 1, 2005. She assumed her current job was the first Chamorro to be commissioned as
TARY WREATH LAYING CERE- as Special Assistant to the Master Chief Petty an officer in the Marine Corps. Peter was also
MONY Officer of the Coast Guard in October of 2006. a well known public figure on Guam, and a
Master Chief Tubbs military awards include genuinely fine and honest man who consist-
HON. JANICE D. SCHAKOWSKY the Coast Guard Commendation Medal, the ently gave of himself in service to his commu-
OF ILLINOIS Coast Guard Achievement Medal with Oper- nity and his fellow Marines. The outpouring of
IN THE HOUSE OF REPRESENTATIVES ational Distinguishing Device, the Com- public condolences and accolades in my home
mandants Letter of Commendation, the Coast district following the news of Peters passing is
Wednesday, May 23, 2007 Guard Good Conduct Medal and the Reserve indicative of the respect, admiration, and af-
Ms. SCHAKOWSKY. Madam Speaker, I rise Good Conduct Medal, and the Antarctic Serv- fection the people of Guam had for Peter and
on behalf of the entire Womens Caucus, Co- ice Medal. I am so pleased to recognize Mas- his service to his country.
Chairs LOIS CAPPS and CATHY MCMORRIS ter Chief Tubbs today. A persons record of military and community
RODGERS and my co-Vice Chair, MARY FALLIN, SSGT Cassie L. Lucero began her career service can be extensive and very impressive,
to honor four women who have served our with the Marines in 1998. During her career in but records do not convey the admiration or
Nation with honor and distinction. Today, the the Marines, she has been decorated with nu- depth of emotion of the recipients of the serv-
10th Annual Women in Military Wreath Laying merous medals, including the Joint Service ice. Peter C. Siguenza was born on May 15,
Ceremony hosted by the Caucus, was held at Commendation Medal, Navy and Marine 1920, the second of nine children born to the
Arlington Cemetery. The purpose is to honor Corps Commendation Medal, three Navy Ma- late Jose and Consolacion Mendiola
our Nations servicewomen and women vet- rine Corps Achievement Medals, two Joint Siguenza. He attended Seaton Schroeder Jun-
erans for their courage and achievements, and Meritorious Unit Awards, Navy Unit Com- ior High School in Hagatna and graduated
to remember the women who have died in mendation, Navy Meritorious Unit Commenda- from Coronado High School in Coronado, Cali-
service to the United States of America. tion, two Good Conduct Medals, National De- fornia. He attended San Diego State College
SFC Barbara Clavijo, United States Army, fense Service Medal, Iraqi Campaign Medal, for 2 years, from 19401942. After the attack
distinguished herself by exceptionally meri- Global War on Terrorism Expeditionary Medal, on Pearl Harbor plunged the United States
torious conduct in the performance of out- Global War on Terrorism Service Medal, Ko- into war, Peter, like thousands of young men,
standing service to the United States as the rean Defense Medal, Military Outstanding Vol- enlisted in the Armed Forces. Peter volun-
Multi-National Division Baghdad Force Protec- unteer Service Medal, and three Sea Service teered for the Marine Corps. After completing
tion Vulnerability Assessment Team NCOIC, Deployment Awards. It is my pleasure to boot camp, he was assigned to the Third Ma-
4th Infantry Division, Camp Liberty, Iraq from honor SSGT. Cassie L. Lucero for her service. rine Division. He saw action in New Zealand,
December 2, 2005November 15, 2006 in CMSGT and Barbara S. Taylor is the Chief Guadacanal, and Bougainville. The division
support of Operation Iraqi Freedom. of Supply for the United States Air Force was then ordered to the Marianas to recapture
While assigned as the Multi-National Divi- Band, Bolling Air Force Base, Washington, Guam.
sion Baghdad Vulnerability Assessment Team D.C. Originally from Kingsport, TN, her military Peter was on board the USS Dupage,
NCOIC, SFC Clavijo was directly responsible career began in 1982. CMSGT Barbara S. where he and his fellow Marines watched the
for the development and execution of the Divi- Taylor was assigned to the United States Air intense pre-invasion bombardment of the is-
sions force protection program. Without hesi- Force Heritage of America Band at Langley land. He often spoke about how difficult it was
tation and with great enthusiasm, and despite Air Force Base, Virginia. There, she was both to witness the bombing knowing his family
the inherent threats and dangers, she continu- a euphonium and vocal soloist. She was the was somewhere on the island, but not know-
ously navigated the MNDBs battle space to bands Director of Operations from October ing whether they were safe.
conduct vulnerability assessments. These as- 1995 until her reassignment to the United Peter was among those destined to hit the
sessments required SFC Clavijo to plan, co- States Air Force Band in January 1997. In beach at Asan, Guam, and begin the retaking
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ordinate, and participate in over 125 ground 1993 and 1996, Chief Taylor was named the of the island from the Imperial Army of Japan.
and air movements in support of these mis- Air Combat Command Bands Noncommis- But he was ordered away from the battle to at-
sions. During the course of these assess- sioned Officer of the Year, and in February tend Officer Candidate School before the land-
ments she was forced to travel many routes 1997 she was named the Air Combat Com- ing occurred. Peter returned to Guam as a
known to be covered with Improvised Explo- mand Noncommissioned Officer of the Year second lieutenant and participated in post-in-
sive Devices, IEDs. During one of these as- for the band career field. Chief Taylor was vasion operations to secure the island. He re-
sessments she had the unlucky fortune to also awarded the Commandants Award at mained on Guam at the end of the war and
have her vehicle targeted by an IED. For this both the Airman Leadership School and the was assigned to Island Command in 1946.

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May 23, 2007 CONGRESSIONAL RECORD Extensions of Remarks E1143
Peter joined the Marine Corps Reserves Now more than ever, we must commit our- any cancellations or changes in the
and was assigned to the 12th Reserve District selves to full mental health parity. An esti- meetings as they occur.
in San Francisco after his discharge from ac- mated 26 percent of Americans between the As an additional procedure along
tive duty. Upon returning to civilian life, Peter ages 18 and older suffer from a diagnosable with the computerization of this infor-
returned and completed college, earning a mental disorder in a given year. This means mation, the Office of the Senate Daily
bachelors degree from St. Marys College in that 57.7 million people currently suffer from a Digest will prepare this information for
Moraga, California, in 1949. He then earned a mental disorder. Millions who suffer from seri- printing in the Extensions of Remarks
Master of Science degree in Public Adminis- ous, debilitating, and life altering mental dis- section of the CONGRESSIONAL RECORD
tration from the University of Southern Cali- orders. Mental disorders such as Alzheimers, on Monday and Wednesday of each
fornia at Los Angeles in 1955. In 2005, he Schizophrenia and Bi-Polar Disorder. Nearly week.
was awarded an honorary doctorate from the two thirds of all people with diagnosable men- Meetings scheduled for Thursday,
University of Guam. tal disorders do not seek treatment. May 24, 2007 may be found in the Daily
On September 2, 1950, Peter married his The burden of mental illness on health and Digest of todays RECORD.
sweetheart, Barbara Bordallo. They had three productivity amongst society in the United
children: Peter, Monica, and Donna. States has been underestimated. A massive
After retiring as a captain from the Marine study conducted by the World Health Organi- MEETINGS SCHEDULED
Corps Reserves, Peter went to work for the zation, The World Bank, and Harvard Univer-
Government of Guam, serving as director of JUNE 5
sity, discovered that mental illness, accounts
Labor and Personnel under Governors Carlton for over 15 percent of the burden of disease 2 p.m.
S. Skinner, Ford Q. Elvidge and Richard B. Judiciary
in market economies, such as the United
Lowe. He then entered into federal service To continue hearings to examine the De-
States. This is more than the burden caused partment of Justice politicizing the
and worked at posts throughout the United by cancers. hiring and firing of United States At-
States. He also served as a personnel man- I am grateful to the Committee on Education torneys, focusing on preserving pros-
agement specialist and appeals and grievance and the Workforce for reauthorizing the Older ecutorial independence.
examiner with the Department of Defense De- Americans Act. The Older Americans Act sup- SD226
pendents Schools in Europe and the Pacific, ports the mental health needs of the elderly.
and as a personnel management and labor re- Nearly 236 elderly people per 100,000 suffer JUNE 6
lations specialist on the directors staff. After from a mental illness. The highest suicide rate 10 a.m.
retiring from federal service, Peter went to in America is among those aged 65 and older. Judiciary
work as personnel director for Jones and Elderly men are the demographic area that is To hold hearings to examine patent re-
Guerrero Company, Inc., from 19801986. form, focusing on the future of Amer-
most likely to commit suicide. Specifically, I ican innovation.
In addition to his military, government, and
want to ensure that senior citizens have ac- SD226
private sector careers, Peter always found
cess to mental health services in their respec-
time to serve his community. He served as
tive communities or wherever they receive pri- JUNE 7
chairman of the University of Guams Board of
mary health care services. I would like to com- 2 p.m.
Regents; was on the Board of Trustees of the
mend the Honorable PATRICK KENNEDY for his Judiciary
Guam Community College; was a member
efforts in providing mental health parity in To hold hearings to examine S. 453, to
and past president of the Guam Chapter of prohibit deceptive practices in Federal
Medicare. I am pleased that we are beginning
the Third Marine Division Association, the Na- elections.
to make some headway on this important
tional Association of Federal Employees, the SD226
issue.
Guam Territorial Society of Washington, D.C., Commerce, Science, and Transportation
a member and past vice president of the f Space, Aeronautics, and Related Agencies
Young Mens League of Guam, and member Subcommittee
PERSONAL EXPLANATION
of the St. Jude Assembly of the Knights of Co- To hold joint hearings with the House
Science and Technology Committees
lumbus. HON. ADAM H. PUTNAM Subcommittee on Investigations and
Peter C. Siguenza passed away just 5 days Oversight to examine the investigation
OF FLORIDA
after the passing of former Senator Paul J. of the National Aeronautics and Space
Bordallo on May 12, 2007. Both men were my IN THE HOUSE OF REPRESENTATIVES
Administration Inspector General.
brothers-in-law. The entire Bordallo family Wednesday, May 23, 2007 SR253
mourns the passing of two of its finest mem- Mr. PUTNAM. Madam Speaker, on Tues-
bers. Peter was a proud and life long Marine, JUNE 12
day, May 22, 2007, I missed recorded votes
a war hero, a diligent public servant at both due to familial obligations. Please let the 2:30 p.m.
the federal and local government levels, a val- Commerce, Science, and Transportation
record show that had I been here, I would Interstate Commerce, Trade, and Tourism
ued professional in the private sector, a de- have voted the following way: Roll No. 386 Subcommittee
voted Catholic, and an upstanding citizen. yea; roll No. 387yea; roll No. 388 To hold hearings to examine United
My prayers and condolences are with his yea; roll No. 389yea; roll No. 390 States trade relations with China.
wife, Bobbie; his son, Peter C. Siguenza, Jr., yea; roll No. 391yea; roll No. 392 SR253
the retired chief justice of the Supreme Court yea; roll No. 393yea; roll No. 394
of Guam; his daughters and sons-in-law, yea; roll No. 395yea; roll No. 396 JUNE 13
Monica and Michael Sphar and Donna and nay; roll No. 397yea; roll No. 398 9:30 a.m.
Joel Rigler; his grandchildren, Dawn, David, yea; roll No. 399yea; roll No. 400 Veterans Affairs
Isaac, and Nathaniel; his siblings, Olivia S. yea; roll No. 401yea; roll No. 402 Business meeting to markup pending leg-
Guerrero, Eduardo C. Siguenza, and Antonio islation.
nay. SD562
C. Siguenza, and with his other Bordallo
f 10 a.m.
brothers- and sisters-in-law.
SENATE COMMITTEE MEETINGS Rules and Administration
f To hold hearings to examine nomina-
MENTAL HEALTH MONTH Title IV of Senate Resolution 4, tions to the Federal Election Commis-
agreed to by the Senate on February 4, sion.
1977, calls for establishment of a sys- SR301
HON. DANNY K. DAVIS tem for a computerized schedule of all
mmaher on PROD1PC70 with CONG-REC-ONLINE

OF ILLINOIS JUNE 27
meetings and hearings of Senate com-
IN THE HOUSE OF REPRESENTATIVES 9:30 a.m.
mittees, subcommittees, joint commit-
Wednesday, May 23, 2007 tees, and committees of conference. Veterans Affairs
To hold an oversight hearing to examine
Mr. DAVIS of Illinois. Madam Speaker, I rise This title requires all such committees
the Department of Veterans Affairs
today to remind my colleagues that May is to notify the Office of the Senate Daily and the Department of Defense, focus-
Mental Health Month. I would also like to Digestdesignated by the Rules Com- ing on cooperation on employment
thank those who have dedicated their lives to mitteeof the time, place, and purpose issues.
mental healthcare. of the meetings, when scheduled, and SD562

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Wednesday, May 23, 2007

Daily Digest
HIGHLIGHTS
House Committees ordered reported seventeen sundry measures.

Senate
Lino Perez, Jr. Post Office: Senate passed H.R.
Chamber Action 437, to designate the facility of the United States
Routine Proceedings, pages S6495S6575 Postal Service located at 500 West Eisenhower Street
Measures Introduced: Twenty-one bills were intro- in Rio Grande City, Texas, as the Lino Perez, Jr.
duced, as follows: S. 36, 37, 38, 14531470. Post Office, clearing the measure for the President.
Page S6549 Page S6573

Measures Reported: Atanacio Haro-Marin Post Office: Senate passed


Special Report entitled Economic Developments H.R. 625, to designate the facility of the United
in Aging. (S. Rept. No. 11071) States Postal Service located at 4230 Maine Avenue
S. 495, to prevent and mitigate identity theft, to in Baldwin Park, California, as the Atanacio Haro-
ensure privacy, to provide notice of security breaches, Marin Post Office, clearing the measure for the
and to enhance criminal penalties, law enforcement President. Page S6573
assistance, and other protections against security Lieutenant Todd Jason Bryant Post Office: Sen-
breaches, fraudulent access, and misuse of personally ate passed H.R. 988, to designate the facility of the
identifiable information, with amendments. (S. Rept. United States Postal Service located at 5757 Tilton
No. 11070) Avenue in Riverside, California, as the Lieutenant
S. 231, to authorize the Edward Byrne Memorial Todd Jason Bryant Post Office, clearing the meas-
Justice Assistance Grant Program at fiscal year 2006 ure for the President. Page S6573
levels through 2012. Page S6548
Sergeant Dennis J. Flanagan Lecanto Post Of-
Measures Passed: fice Building: Senate passed H.R. 1402, to des-
President Ford Commemorative Document: Sen- ignate the facility of the United States Postal Service
ate agreed to H. Con. Res. 128, authorizing the located at 320 South Lecanto Highway in Lecanto,
printing of a commemorative document in memory Florida, as the Sergeant Dennis J. Flanagan Lecanto
of the late President of the United States, Gerald Post Office Building, clearing the measure for the
Rudolph Ford. Page S6572 President. Page S6573

Dr. Francis Townsend Post Office Building: Measures Considered:


Senate passed S. 1352, to designate the facility of Comprehensive Immigration Reform: Senate con-
the United States Postal Service located at 127 East tinued consideration of S. 1348, to provide for com-
Locust Street in Fairbury, Illinois, as the Dr. prehensive immigration reform, and taking action on
Francis Townsend Post Office Building. Page S6573 the following amendments proposed thereto:
Miguel Angel Garcia Mendez Post Office Build- Pages S6499S6539

ing: Senate passed H.R. 414, to designate the facil- Adopted:


ity of the United States Postal Service located at 60 By 74 yeas to 24 nays (Vote No. 175), Bingaman
Calle McKinley, West in Mayaguez, Puerto Rico, as Amendment No. 1169 (to Amendment No. 1150),
the Miguel Angel Garcia Mendez Post Office to reduce to 200,000 the number of certain non-im-
Building, clearing the measure for the President. migrants permitted to be admitted during a fiscal
year. Pages S650614
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Page S6573

D732

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May 23, 2007 CONGRESSIONAL RECORD DAILY DIGEST D733

Graham Amendment No. 1173 (to Amendment Message from the President: Senate received the
No. 1150), to provide for minimum sentences for following message from the President of the United
aliens who reenter the United States after removal. States on Friday, May 18, 2007:
Pages S651418, S6522 Transmitting, pursuant to law, a report relative to
Feinstein/Martinez Amendment No. 1146 (to the continuation of the national emergency with re-
Amendment No. 1150), to provide for the protec- spect to Iraq as declared in Executive Order 13303
tion of unaccompanied alien children. of May 22, 2003, as received during the recess of the
Pages S652122, S6524 Senate on May 18, 2007; which was referred to the
Gregg Amendment No. 1172 (to Amendment Committee on Banking, Housing, and Urban Affairs.
No. 1150), to ensure control of our Nations borders (PM 15)
and strengthen enforcement of our immigration Nominations Received: Senate received the fol-
laws. Pages S652224, S652428 lowing nominations:
Prior to its adoption, a unanimous-consent agree- Ondray T. Harris, of Virginia, to be Director,
ment was reached providing that the motion to table Community Relations Service, for a term of four
the amendment be withdrawn. Page S6527 years.
Leahy Modified Amendment No. 1165 (to 43 Army nominations in the rank of general.
Amendment No. 1150), to clarify rules applicable to Page S6575
aliens employed as dairy workers. Page S6530
Graham (for Hutchison) No. 1168 (to Amend- Nominations Withdrawn: Senate received notifica-
ment No. 1150), to provide local officials and the tion of withdrawal of the following nominations:
Secretary of Homeland Security greater involvement Michael E. Baroody, of Virginia, to be a Commis-
in decisions regarding the location of border fencing. sioner of the Consumer Product Safety Commission
Pages S653031
for a term of seven years from October 27, 2006,
Pending: which was sent to the Senate on March 5, 2007.
Reid (for Kennedy/Specter) Amendment No. Michael E. Baroody, of Virginia, to be Chairman
1150, in the nature of a substitute. Page S6499
of the Consumer Product Safety Commission, which
Grassley/DeMint Amendment No. 1166 (to was sent to the Senate on March 5, 2007. Page S6575
Amendment No. 1150), to clarify that the revoca- Messages from the House: Page S6547
tion of an aliens visa or other documentation is not Measures Referred: Page S6547
subject to judicial review. Pages S6499S6506
Measures Placed on the Calendar: Page S6548
Cornyn Amendment No. 1184 (to Amendment
No. 1150), to establish a permanent bar for gang Executive Reports of Committees: Pages S654849
members, terrorists, and other criminals. Additional Cosponsors: Pages S654951
Pages S652930, S653135
Statements on Introduced Bills/Resolutions:
Coleman/Bond Amendment No. 1158 (to Amend- Pages S655162
ment No. 1150), to amend the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 Additional Statements: Pages S654647
to facilitate information sharing between federal and Amendments Submitted: Pages S656271
local law enforcement officials related to an individ- Authorities for Committees to Meet:
uals immigration status. Pages S653637
Pages S657172
Akaka Amendment No. 1186 (to Amendment
No. 1150), to exempt children of certain Filipino Privileges of the Floor: Page S6572

World War II veterans from the numerical limita- Record Votes: One record vote was taken today.
tions on immigrant visas. Pages S653739 (Total175) Page S6514
A unanimous-consent agreement was reached pro- Adjournment: Senate convened at 9:30 a.m., and
viding for further consideration of the bill at 10:30 adjourned at 8:26 p.m., until 9:30 a.m. on Thurs-
a.m., on Thursday, May 24, 2007. Page S6573 day, May 24, 2007. (For Senates program, see the
Stevens TributesAgreement: A unanimous-con- remarks of the Acting Majority Leader in todays
sent agreement was reached providing that the dead- Record on page S6573.)
line for Senators to submit tributes on Senator Ste-
vens for the Congressional Record be extended until
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close of business on Monday, June 4, 2007.


Page S6572

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D734 CONGRESSIONAL RECORD DAILY DIGEST May 23, 2007

Pennsylvania; and Jeff Dircksen, National Taxpayers


Committee Meetings Union, Alexandria, Virginia.
(Committees not listed did not meet)
BUSINESS MEETING
AUTHORIZATIONDEFENSE Committee on Energy and Natural Resources: Committee
Committee on Armed Services: Subcommittee on Stra- ordered favorably reported the following items:
tegic Forces met in a closed session and approved for S. Con. Res. 6, expressing the sense of Congress
full committee consideration, those provisions which that the National Museum of Wildlife Art, located
fall within the jurisdiction of the subcommittee, of in Jackson, Wyoming, should be designated as the
the proposed National Defense Authorization Act for National Museum of Wildlife Art of the United
fiscal year 2008. States;
S. 126, to modify the boundary of Mesa Verde
AUTHORIZATIONDEFENSE National Park, with an amendment;
Committee on Armed Services: Committee met in closed S. 175, to provide for a feasibility study of alter-
session to make up proposed legislation authorizing natives to augment the water supplies of the Central
appropriations for fiscal year 2008 for military ac- Oklahoma Master Conservancy District and cities
tivities of the Department of Defense, but did not served by the District, with an amendment in the
complete action thereon, and will meet again on to- nature of a substitute;
morrow. S. 324, to direct the Secretary of the Interior to
BUSINESS MEETING conduct a study of water resources in the State of
New Mexico;
Committee on Armed Services: Committee ordered favor- S. 542, to authorize the Secretary of the Interior
ably reported 142 nominations in the Army, Navy, to conduct feasibility studies to address certain water
Air Force, and Marine Corps. shortages within the Snake, Boise, and Payette River
U.S. ECONOMIC RELATIONS WITH CHINA systems in the State of Idaho;
Committee on Banking, Housing, and Urban Affairs: S. 553, to amend the Wild and Scenic Rivers Act
Subcommittee on Security and International Trade to designate certain segments of the Eightmile River
and Finance concluded a hearing to examine United in the State of Connecticut as components of the
States economic relations with China, focusing on National Wild and Scenic Rivers System;
strategies and options on exchange rates and market S. 580, to amend the National Trails System Act
access, after receiving testimony from Morris Gold- to require the Secretary of the Interior to update the
stein, Peterson Institute for International Economics, feasibility and suitability studies of four national his-
Fairfax, Virginia; Robert S. Nichols, Financial Serv- toric trails;
ices Forum, and David A. Hartquist, China Currency S. 686, to amend the National Trails System Act
Coalition, both of Washington, D.C.; Patrick A. to designate the Washington-Rochambeau Revolu-
Mulloy, George Mason University School of Law, Al- tionary Route National Historical Trail;
exandria, Virginia, former Member, U.S China Eco- S. 797, to amend the National Trails System Act
nomic and Security Review Commission; and John to designate the Star-Spangled Banner Trail in the
W. Nolan, Steel Dynamics, Inc., Fort Wayne, Indi- States of Maryland and Virginia and the District of
ana. Columbia as a National Historic Trail, with amend-
ments;
COMMUNICATIONS, TAXATION AND S. 890, to provide for certain administrative and
FEDERALISM support services for the Dwight D. Eisenhower Me-
Committee on Commerce, Science, and Transportation: morial Commission, with amendments;
Committee concluded a hearing to examine commu- S. 1037, to authorize the Secretary of the Interior
nications, taxation and federalism, focusing on the to assist in the planning, design, and construction of
internet access tax moratorium and its impact on the Tumalo Irrigation District Water Conservation
state and local government revenues, after receiving Project in Deschutes County, Oregon;
testimony from Senators Wyden and Enzi; Rep- S. 1110, to amend the Reclamation Projects Au-
resentative Eshoo; James R. White, Director, Tax thorization and Adjustment Act of 1992 to provide
Issues, Strategic Issues, Government Accountability for the conjunctive use of surface and ground water
Office; David C. Quam, National Governors Associa- in Juab County, Utah;
tion, and Harley T. Duncan, Federation of Tax Ad- S. 1139, to establish the National Landscape Con-
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ministrators, both of Washington, D.C.; Annabelle servation System, with an amendment in the nature
Canning, Verizon Communications, Philadelphia, of a substitute;

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May 23, 2007 CONGRESSIONAL RECORD DAILY DIGEST D735

S. 1152, to promote wildland firefighter safety, Washington by designating certain lower-elevation


with an amendment; Federal lands as wilderness;
H.R. 161, to adjust the boundary of the Minidoka H.R. 902, to facilitate the use for irrigation and
Internment National Monument to include the other purposes of water produced in connection with
Nidoto Nai Yoni Memorial in Bainbridge Island, development of energy resources, with an amend-
Washington, with an amendment in the nature of a ment in the nature of a substitute;
substitute; H.R. 1047, to authorize the Secretary of the Inte-
H.R. 235, to allow for the renegotiation of the rior to conduct a study to determine the suitability
payment schedule of contracts between the Secretary and feasibility of designating the Soldiers Memorial
of the Interior and the Redwood Valley County Military Museum located in St. Louis, Missouri, as
Water District; a unit of the National Park System; and
H.R. 247, to designate a Forest Service trail at The nominations of Joseph Timothy Kelliher, of
Waldo Lake in the Willamette National Forest in the District of Columbia, to be a Member of the
the State of Oregon as a national recreation trail in Federal Energy Regulatory Commission, and R. Lyle
honor of Jim Weaver, a former Member of the Laverty, of Colorado, to be Assistant Secretary of the
House of Representatives;
H.R. 276, to designate the Piedras Blancas Light Interior for Fish and Wildlife.
Station and the surrounding public land as an Out-
standing Natural Area to be administered as a part FUNDING SOCIAL SECURITYS
of the National Landscape Conservation System; ADMINISTRATIVE COSTS
H.R. 376, to authorize the Secretary of the Inte- Committee on Finance: Committee concluded hearings
rior to conduct a special resource study to determine to examine funding Social Securitys administrative
the suitability and feasibility of including the battle- costs, focusing on disability benefits and the claims
fields and related sites of the First and Second Bat- process, after receiving testimony from Michael J.
tles of Newtonia, Missouri, during the Civil War as Astrue, Commissioner, Social Security Administra-
part of Wilsons Creek National Battlefield or desig- tion; Nancy G. Shor, National Organization of Social
nating the battlefields and related sites as a separate Security Claimants Representatives (NOSSCR), En-
unit of the National Park System; glewood Cliffs, New Jersey; Richard E. Warsinskey,
H.R. 482, to direct the Secretary of the Interior National Council of Social Security Management As-
to transfer ownership of the American River Pump sociations, Inc., Washington, DC; and Chuck
Station Project; Schimmels, National Association of Disability Exam-
H.R. 497, to authorize the Marion Park Project, iners, Oklahoma City, Oklahoma.
a committee of the Palmetto Conservation Founda-
tion, to establish a commemorative work on Federal VIOLENT CRIME
land in the District of Columbia, and its environs to
honor Brigadier General Francis Marion; Committee on the Judiciary: Subcommittee on Crime
H.R. 512, to establish the Commission to Study and Drugs concluded a hearing to examine rising
the Potential Creation of the National Museum of crime in the United States, focusing on the federal
the American Latino to develop a plan of action for role in helping communities prevent and respond to
the establishment and maintenance of a National violent crime, including S. 368, to amend the Om-
Museum of the American Latino in Washington, nibus Crime Control and Safe Streets Act of 1968 to
DC; enhance the COPS ON THE BEAT grant program,
H.R. 658, to authorize the Secretary of the Inte- after receiving testimony from Mark Epley, Senior
rior to enter into cooperative agreements to protect Counsel to the Deputy Attorney General, Depart-
natural resources of units of the National Park Sys- ment of Justice; Mayor Douglas H. Palmer, Trenton,
tem through collaborative efforts on land inside and New Jersey, on behalf of the United States Con-
outside of units of the National Park System; ference of Mayors; Ted Kamatchus, Marshall County,
H.R. 839, to authorize the Secretary of the Inte- Marshalltown, Iowa, on behalf of the National Sher-
rior to study the feasibility of enlarging the Arthur iffs Association; Thomas J. Nee, National Associa-
V. Watkins Dam Weber Basin Project, Utah, to tion of Police Organizations, and James Alan Fox,
provide additional water for the Weber Basin Project Northeastern University, both of Boston, Massachu-
to fulfill the purposes for which that project was au- setts; Rick S. Gregory, New Castle County Police
thorized; Department, New Castle, Delaware; and Russell B.
H.R. 866, to enhance ecosystem protection and Laine, Algonquin Police Department, Algonquin, Il-
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the range of outdoor opportunities protected by stat- linois, on behalf of the International Association of
ute in the Skykomish River valley of the State of Chiefs of Police.

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D736 CONGRESSIONAL RECORD DAILY DIGEST May 23, 2007

WASHINGTON, DC: VOTER HEALTH CARE LEGISLATION


REPRESENTATION Committee on Veterans Affairs: Committee concluded a
Committee on the Judiciary: Committee concluded a hearing to examine health care legislation, after re-
hearing to examine S. 1257, to provide the District ceiving testimony from Gerald M. Cross, Acting
of Columbia a voting seat and the State of Utah an Principal Deputy, Under Secretary of Veterans Af-
additional seat in the House of Representatives, and fairs for Health; Carl Blake, Paralyzed Veterans of
H.R. 1905, to provide for the treatment of the Dis- America, Jerry Reed, Suicide Prevention Action Net-
trict of Columbia as a Congressional district for pur- work USA, and Dennis M. Cullinan, Veterans of
poses of representation in the House of Representa- Foreign Wars of the United States, all of Wash-
tives, focusing on ending taxation without represen- ington, D.C.; Joy J. Ilem, Disabled American Vet-
tation, after receiving testimony from Representa- erans, Cold Spring, Kentucky; Shannon Middleton,
tives Cannon and Norton; John P. Elwood, Deputy American Legion, Indianapolis, Indiana; Bernard
Assistant Attorney General, Office of Legal Counsel,
Department of Justice; Patricia Wald, former Chief Edelman, Vietnam Veterans of America, Silver
Judge, United States Court of Appeals for the Dis- Spring, Maryland; Meredith Beck, Wounded War-
trict of Columbia Circuit; Kenneth R. Thomas, Leg- rior Project, New York, New York; and John Booss,
islative Attorney, American Law Division, Congres- American Academy of Neurology, Saint Paul, Min-
sional Research Service, Library of Congress; Utah nesota.
Attorney General Mark L. Shurtleff, Salt Lake City;
Jonathan Turley, George Washington University BUSINESS MEETING
Law School, and Richard B. Bress, Latham and Wat- Select Committee on Intelligence: Committee ordered fa-
kins LLP, both of Washington, DC9y008; and vorably reported an original bill authorizing funds
Charles J. Ogletree, Jr., Harvard Law School, Cam- for fiscal year 2008 for the intelligence community.
bridge, Massachusetts.

h
House of Representatives
Point of Personal Privilege: Representative
Chamber Action Kucinich rose to a point of personal privilege and
Public Bills and Resolutions Introduced: Will be was recognized. Pages H563844
in the next issue of the Record. (See next issue.)
Suspensions: The House agreed to suspend the rules
Additional Cosponsors: (See Next issue.) and pass the following measures:
Reports Filed: A report was filed today as follows: Federal Price Gouging Prevention Act: H.R.
H.R. 2199, to amend title 38, United States 1252, amended, to protect consumers from price-
Code, to direct the Secretary of Veterans Affairs to gouging of gasoline and other fuels, by a 23 yea-and-
provide certain improvements in the treatment of in- nay vote of 284 yeas to 141 nays, Roll No. 404;
dividuals with traumatic brain injuries, with amend- Pages H562836, H5647
ments (H. Rept. 110166). (See Next issue.)
Amending title XVIII of the Social Security Act
Chaplain: The prayer was offered by the guest to provide an exception to the 60-day limit on
Chaplain, Chaplain Marc Unger, 1184th Infantry, Medicare reciprocal billing arrangements between
California Army National Guard, Exeter, California. two physicians during the period in which one of
Page H5625 the physicians is ordered to active duty as a mem-
Board of Visitors to the United States Military ber of a reserve component of the Armed Forces:
AcademyAppointment: The Speaker announced H.R. 2429, to amend title XVIII of the Social Secu-
her appointment of the following Members of the rity Act to provide an exception to the 60-day limit
House of Representatives to the Board of Visitors to on Medicare reciprocal billing arrangements between
the United States Military Academy: Representatives two physicians during the period in which one of
Hinchey, Hall (NY), McHugh, and Tiahrt. the physicians is ordered to active duty as a member
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Page H5625 of a reserve component of the Armed Forces, by a

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May 23, 2007 CONGRESSIONAL RECORD DAILY DIGEST D737
23 yea-and-nay vote of 422 yeas with none voting H.R. 1100, to revise the boundary of the Carl Sand-
nay and 1 voting present, Roll No. 405; burg Home National Historic Site in the State of
Pages H563638, H564748 North Carolina, by a recorded vote of 268 ayes to
Urging Americans and people of all nationali- 150 noes, Roll No. 409. Pages H564854, H566468

ties to visit the American Cemeteries, Memorials Rejected the Pearce motion to recommit the bill
and Markers: H. Res. 392, to urge Americans and to the Committee on Natural Resources with in-
people of all nationalities to visit the American structions to report the same back to the House
Cemeteries, Memorials and Markers; Pages H565456 forthwith with an amendment, by a recorded vote of
192 ayes to 228 noes, Roll No. 408. Pages H566667
Veterans Outreach Improvement Act of 2007: Pursuant to the rule, the amendment in the na-
H.R. 67, amended, to amend title 38, United States ture of a substitute recommended by the Committee
Code, to improve the outreach activities of the De- on Natural Resources now printed in the bill shall
partment of Veterans Affairs, by a 23 yea-and-nay be considered as the original bill for the purpose of
vote of 421 yeas with none voting nay, Roll No. amendment. Page H5666
410; Pages H565660, H568081 Rejected:
Directing the Secretary of Veterans Affairs to Bishop (UT) amendment (No. 2 printed in H.
establish a national cemetery for veterans in the Rept. 110165) that sought to reduce the total
southern Colorado region: H.R. 1660, amended, to amount of acreage which can be acquired for the
direct the Secretary of Veterans Affairs to establish Carl Sandburg Home National Historic Site from
a national cemetery for veterans in the southern Col- 115 acres to 5 (for use as a visitor center and park-
orado region; Pages H566062
ing lot); Pages H565253
Bishop (UT) amendment (No. 1 printed in H.
Returning Servicemember VA Healthcare Insur- Rept. 110165) that sought to delay the acquisition
ance Act of 2007: H.R. 612, amended, to amend of any new land for the Carl Sandburg Home Na-
title 38, United States Code, to extend the period of tional Historic Site until after deferred maintenance
eligibility for health care for combat service in the has been completed at the site (by a recorded vote
Persian Gulf War or future hostilities from two years of 185 yeas to 243 nays, Roll No. 406); and
to five years after discharge or release, by a 23 yea- Pages H565152, H566465
and-nay vote of 419 yeas with none voting nay, Heller (NV) amendment (No. 3 printed in H.
Roll No. 411; Pages H566264, H5681 Rept. 110165) that sought to eliminate the use of
Chiropractic Care Available to All Veterans Act: appropriated funds to acquire 110 acres of land for
H.R. 1470, to amend the Department of Veterans the Carl Sandburg Home National Historic Site, but
Affairs Health Care Programs Enhancement Act of still allows the land to be acquired by donation, pur-
2001 to require the provision of chiropractic care chase with donated funds, or by exchange with other
and services to veterans at all Department of Vet- lands (by a recorded vote of 183 yeas to 243 nays,
erans Affairs medical centers, by a 23 yea-and-nay Roll No. 407). Pages H565354, H566566
vote of 421 yeas to 1 nay, Roll No. 412; H. Res. 429, the rule providing for consideration
Pages H566871, H568182 of the bill, was agreed to by a yea-and-nay vote of
228 yeas to 198 nays, Roll No. 403, after agreeing
Traumatic Brain Injury Health Enhancement to order the previous question. Pages H564447
and Long-Term Support Act of 2007: H.R. 2199,
amended, to amend title 38, United States Code, to Board of Visitors to the United States Merchant
direct the Secretary of Veterans Affairs to provide Marine AcademyAppointment: The Chair an-
certain improvements in the treatment of individuals nounced the Speakers appointment of the following
with traumatic brain injuries, by a 23 yea-and-nay Members of the House of Representatives to the
vote of 421 yeas with none voting nay, Roll No. Board of Visitors to the United States Merchant Ma-
413; and Pages H567178, H568283 rine Academy: Representatives McCarthy (NV), and
King (NV). Page H5693
Early Access to Vocational Rehabilitation and
Employment Benefits Act: H.R. 2239, amended, to Senate Message: Message received from the Senate
amend title 38, United States Code, to expand eligi- today appears on page H5625.
bility for vocational rehabilitation benefits adminis- Senate Referrals: S. 375 was referred to the Com-
tered by the Secretary of Veterans Affairs, by a 23 mittee on Natural Resources and S. 33 was referred
yea-and-nay vote of 414 yeas with none voting to the Committee on Education and Labor.
nay, Roll No. 414. Pages H567880, H5683 Quorum CallsVotes: Eight yea-and-nay votes and
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Carl Sandburg Home National Historic Site four recorded votes developed during the proceedings
Boundary Revision Act of 2007: The House passed of today and appear on pages H564647, H5647,

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D738 CONGRESSIONAL RECORD DAILY DIGEST May 23, 2007

H5648, H5665, H566566, H5667, H566768, 1948 Convention on the Prevention and Punishment
H568081, H5681, H5682, H568283, and of the Crime of Genocide and the United Nations
H5683. There were no quorum calls. Charter because of his calls for the destruction of the
Adjournment: The House met at 10 a.m. and at State of Israel; H. Con. Res. 80, amended, Calling
11:50 p.m. stands in recess subject to the call of the on the Government of Uganda and the Lords Resist-
Chair. ance Army (LRA) to recommit to a political solution
to the conflict in northern Uganda and to recom-
Committee Meetings mence vital peace talks, and urging immediate and
substantial support for the ongoing peace process
ENERGY AND WATER DEVELOPMENT, from the United States and the international com-
AND RELATED AGENCIES munity; H. Con. Res. 151, amended, Noting the
APPROPRIATIONS disturbing pattern of killings of dozens of inde-
Committee on Appropriations: Subcommittee on Energy pendent journalists in Russia over the last decade,
and Water Development, and Related Agencies ap- and calling on Russian President Vladimir Putin to
proved for full Committee the Energy and Water authorize cooperation with outside investigators in
Development and Related Agencies appropriations solving these murders; H. Con. Res. 152, Relating
for fiscal year 2008. to the 40th anniversary of the reunification of the
City of Jerusalem; H. Res. 137, amended, Honoring
INTERIOR, ENVIRONMENT, AND RELATED the life and six decades of public service of Jacob
AGENCIES APPROPRIATIONS Birnbaum and especially his commitment freeing So-
Committee on Appropriations: Subcommittee on Inte- viet Jews from religious, cultural and communal ex-
rior, Environment, and Related Agencies approved tinction; H. Res. 226, amended, To recognize John
for full Committee action the Interior, Environment, Pehle for his contributions to the Nation in helping
and Related Agencies appropriations for fiscal year rescue Jews and other minorities from the Holocaust
2008. during World War II; H. Res. 233, amended, Rec-
MISCELLANEOUS MEASURES ognizing over 200 years of sovereignty of the Princi-
pality of Liechtenstein, and expressing support for ef-
Committee on Financial Services: Ordered reported the forts by the United States to continue to strengthen
following bills: H.R. 2347, amended, Iran Sanctions its relationship with that country; H. Res. 295,
Enabling Act of 2007; H.R. 1980, Housing Assist- amended, Recognizing the strong alliance between
ance Council Authorization Act of 2007; H.R. 1982, the Republic of Korea and the United States and ex-
amended, Rural Housing and Economic Develop- pressing appreciation to the Republic of Korea for
ment Act of 2007; H.R. 2139, amended, FHA Man- its efforts in the global war against terrorism; H.
ufactured Housing Loan Modernization Act of 2007. Res. 395, Supporting the ideals and values of the
The Committee began mark up of H.R. 1851,
Section 8 Voucher Reform Act of 2007. Will con- Olympic movement; H. Res. 397, amended, Con-
tinue tomorrow. demning violence in Estonia and attacks on Estonias
embassies in 2007, and expressing solidarity with
MISCELLANEOUS MEASURES the Government and the people of Estonia; H. Res.
Committee on Foreign Affairs: Ordered reported the fol- 412, amended, Expressing gratitude to her Majesty
lowing bills: H.R. 885, amended, International Nu- Queen Elizabeth II and His Royal Highness, Prince
clear Fuel for Peace and Nonproliferation Act 2007; Philip, Duke of Edinburgh, for their State Visit to
H.R. 2446, Afghanistan Freedom Support Act of the United States and reaffirming the friendship that
2007; H.R. 2420, amended, International Climate exists between the United States and the United
Cooperation Re-Engagement Act of 2007. Kingdom; H. Res. 418, Recognizing and welcoming
The Committee also favorably considered the fol- the delegation of Presidents, Prime Ministers and
lowing resolutions and adopted a motion urging the Foreign Ministers from the Caribbean to Wash-
Chairman to request that they be considered on the ington, D.C., and commending the Caribbean Com-
Suspension Calendar: S. 676, To provide that the Ex- munity (CARICOM) for holding the Conference on
ecutive Director of the Inter-American Development the Caribbean; H. Res. 222, Calling on the Govern-
Bank or the Alternate Executive Director of the ment of the Peoples Republic of China to use its
Inter-American Development Bank may serve on the unique influence and economic leverage to stop
Board of Directors of the Inter-American Founda- genocide and violence in Darfur, Sudan; and H. Res.
tion; H. Con. Res. 21, amended, Calling on the 430, amended, Calling on the Government of the Is-
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United Nations Security Council to charge Iranian lamic Republic of Iran to immediately release Dr.
President Mahmoud Ahmadinejad with violating the Haleh Esfandiari.

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May 23, 2007 CONGRESSIONAL RECORD DAILY DIGEST D739

U.S. AID TO PALESTINIANS CLIMATE PROTECTION OPPORTUNITIES


Committee on Foreign Affairs: Subcommittee on Mid- Committee on Oversight and Government Reform: Held a
dle East and South Asia held a hearing on U.S. As- hearing on Achievements and Opportunities for Cli-
sistance to the Palestinians. Testimony was heard mate Protection under the Montreal Protocol. Testi-
from the following officials of the Department of mony was heard from public witnesses.
State: C. David Welch, Assistant Secretary, Bureau
of Near Eastern Affairs; LTG Keith W. Dayton, U.S. WEAPONIZING SPACE
Security Coordinator; and Mark Ward, Senior Dep- Committee on Oversight and Government Reform: Sub-
uty Assistant Administrator, Bureau for Asia and the committee on National Security and Foreign Affairs
Near East, U.S. Agency for International Develop- held a hearing on Weaponizing Space: Is Current
ment. U.S. Policy Protecting Our National Security? Testi-
U.S. AGRICULTURE SECURITY mony was heard from MG James B. Armor, Jr.,
Committee on Homeland Security: Subcommittee on USAF, Director, National Security Space Office, De-
Emerging Threats, Cybersecurity, and Science and partment of Defense; Donald Mahley, Deputy Assist-
Technology held a hearing entitled Reducing ant Secretary, Threat Reduction, Department of
Threats to Our Nations Agriculture: Authorizing a State; and public witnesses.
Bio and Agro-Defense Facility. Testimony was MISCELLANEOUS MEASURES
heard from John Vitko, M.D., Head, Chemical and
Biological Division, Science and Technology Direc- Committee on Science and Technology: Ordered reported
torate, Department of Homeland Security; and the the following bills: H.R. 364, amended, To provide
following officials of the USDA: Edward Knipling, for the establishment of the Advanced Research
M.D., Administrator, Agricultural Research Service; Projects Agency-Energy; H.R. 1467, 10,000 Trained
and Kevin Shea, Assistant Administrator, Animal by 2010 Act; H.R. 1716, amended, Green Energy
and Plant Health Inspection Service Education Act of 2007; and H.R. 632, amended, H-
Prize Act of 2007.
U.S. ATTORNEYS INVESTIGATION
Committee on the Judiciary: Held a hearing to continue MISCELLANEOUS MEASURES
investigation into the U.S. Attorneys Controversy Committee on Small Business: Ordered reported the fol-
and Related Matters. Testimony was heard from lowing bills: H.R. 2359, SBA Entrepreneurial De-
Monica Goodling, former Senior Counsel to the At- velopment Programs Act of 2007; H.R. 2366, SBA
torney General and White House Liaison, Depart- Veterans Programs Act of 2007; H.R. 2284, To
ment of Justice. amend the Small Business Act to expand and im-
IMMIGRATION REFORM prove the assistance provided by Small Business De-
velopment Centers to Indian tribe members, Alaska
Committee on the Judiciary: Subcommittee on Immi- Natives, and Native Hawaiians; H.R. 2397, SBA
gration, Citizenship, Refugees, Border Security, and Womens Business Programs Act of 2007; and H.R.
International Law continued hearings on Comprehen- 2389, Small Energy Efficient Businesses Act.
sive Immigration Reform: Becoming Americans
U.S. Immigrant Integration. Testimony was heard MISCELLANEOUS MATTERS
from public witnesses.
Committee on Transportation and Infrastructure: Ordered
ENERGY POLICY REFORM reported H.R. 2011, To designate the Federal build-
Committee on Natural Resources: Held a hearing on the ing and United States courthouse located at 100 East
Energy Policy Reform and Revitalization Act of 8th Avenue in Pine Bluff, Arkansas, as the George
2007. Testimony was heard from the following offi- Howard, Jr., Federal Building and United States
cials of the Department of the Interior: Walter Courthouse.
Cruickshank, Deputy Director, Mineral Management The Committee also approved the following: Gen-
Service; and Henri Bisson, Deputy Director, Bureau eral Services Administration Capital Investment Res-
of Land Management; Michael M. Simpson, Deputy olutions, as amended; and U.S. Army Corps of Engi-
Under Secretary, Natural Resources and Environ- neers Survey Resolutions.
ment, U.S. Forest Service, USDA; Vickie VanZandt,
Senior Vice President, Transmission Business Line, IRS USE OF PRIVATE COLLECTION FIRMS
Bonneville Power Administration, Department of Committee on Ways and Means: Held a hearing on
Energy; Timothy R. E. Keeney, Deputy Assistant IRSs Private Debt Collection. Testimony was heard
bajohnson on PRODPC74 with DIGEST

Secretary, Oceans and Atmosphere, NOAA, Depart- from the following officials of the IRS, Department
ment of Commerce; and public witnesses. of the Treasury: Nina E. Olson, National Taxpayer

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D740 CONGRESSIONAL RECORD DAILY DIGEST May 23, 2007

Advocate; and Kevin M. Brown, Acting Commis- 2005 through 2008 time period, S. Res. 211, expressing
sioner; Gregory D. Kutz, Managing Director, Foren- the profound concerns of the Senate regarding the trans-
sic Audits and Special Investigations, GAO; and gression against freedom of thought and expression that
public witnesses. is being carried out in Venezuela, S. Con. Res. 25, con-
demning the recent violent actions of the Government of
BRIEFINGHOT SPOTS Zimbabwe against peaceful opposition party activists and
Permanent Select Committee on Intelligence: Met in execu- members of civil society, S. Res. 110, expressing the
tive session to receive a briefing on Hot Spots. The sense of the Senate regarding the 30th anniversary of
Committee was briefed by departmental witnesses. ASEAN-United States dialogue and relationship, and the
nominations of Phillip Carter, III, of Virginia, to be Am-
bassador to the Republic of Guinea, R. Niels Marquardt,
Joint Meetings of California, to be Ambassador to the Republic of Mada-
U.S. PETROLEUM INDUSTRY gascar, and to serve concurrently and without additional
compensation as Ambassador to the Union of Comoros,
Joint Economic Committee: Committee concluded hear- Janet E. Garvey, of Massachusetts, to be Ambassador to
ings to examine the United States petroleum indus- the Republic of Cameroon, Dell L. Dailey, of South Da-
try, focusing on corporate mergers and other factors kota, to be Coordinator for Counterterrorism, with the
that influence gasoline prices, after receiving testi- rank and status of Ambassador at Large, Mark P. Lagon,
mony from Thomas McCool, Director, Applied Re- of Virginia, to be Director of the Office to Monitor and
search and Methods, Government Accountability Of- Combat Trafficking, with the rank of Ambassador at
fice; Michael A. Salinger, Director, Bureau of Eco- Large, James K. Glassman, of Connecticut, to be a Mem-
nomics, Federal Trade Commission; Diana L. Moss, ber of the Broadcasting Board of Governors, Cameron R.
American Antitrust Institute, Samantha Slater, Re- Hume, of New York, to be Ambassador of Indonesia,
newable Fuels Association, and Red Cavaney, Amer- James R. Keith, of Virginia, to be Ambassador to Malay-
sia, Miriam K. Hughes, of Florida, to be Ambassador to
ican Petroleum Institute, all of Washington, D.C.; the Federated States of Micronesia, Ravic Rolf Huso, of
Dennis C. DeCota, California Service Station and Hawaii, to be Ambassador to the Lao Peoples Democratic
Automotive Repair Association (CSSARA), Novato, Republic, and Hans G. Klemm, of Michigan, to be Am-
California; and James L. Smith, Southern Methodist bassador to the Democratic Republic of Timor-Leste, and
University, Department of Finance, Dallas, Texas. promotion lists in the Foreign Service, 11:30 a.m.,
f S116, Capitol.
Committee on Homeland Security and Governmental Affairs:
COMMITTEE MEETINGS FOR THURSDAY, Subcommittee on Federal Financial Management, Govern-
MAY 24, 2007 ment Information, Federal Services, and International Se-
(Committee meetings are open unless otherwise indicated) curity, to hold hearings to examine federal real property,
focusing on the property management problems high-
Senate lighted in a recent Government Accountability Office re-
Committee on Armed Services: closed business meeting to port, 10 a.m., SD342.
mark up the proposed National Defense Authorization Ad Hoc Subcommittee on Disaster Recovery, to hold
Act for Fiscal Year 2008, 10 a.m., SR222. hearings to examine issues relative to residents of Lou-
Committee on Commerce, Science, and Transportation: to isiana affected by Hurricane Katrina or Rita, focusing on
hold hearings to examine the nomination of Charles Dar- the goals, costs, management and impediments facing
win Snelling, of Pennsylvania, to be a Member of the Louisianas Road Home Program, 3 p.m., SD342.
Board of Directors of the Metropolitan Washington Air- Committee on the Judiciary: business meeting to consider
ports Authority, 10 a.m., SR253. S. 185, to restore habeas corpus for those detained by the
Committee on Energy and Natural Resources: to hold an United States, S. 1327, to create and extend certain tem-
oversight hearing to examine opportunities and challenges porary district court judgeships, H. Con. Res. 76, hon-
associated with coal gasification, including coal-to-liquids oring the 50th anniversary of the International Geo-
and industrial gasification, 9:30 a.m., SD366. physical Year and its past contributions to space research,
Committee on Environment and Public Works: to hold hear- and looking forward to future accomplishments, and the
ings to examine potential impacts of global warming on nominations of Leslie Southwick, of Mississippi, to be
recreation and the recreation industry, 10:30 a.m., United States Circuit Judge for the Fifth Circuit, Janet
SD406. T. Neff, to be United States District Judge for the West-
Committee on Finance: Subcommittee on Energy, Natural ern District of Michigan, Paul Lewis Maloney, to be
Resources, and Infrastructure, to hold hearings to examine United States District Judge for the Western District of
energy efficiency, focusing on tax incentives for reducing Michigan, and Liam OGrady, to be United States Dis-
consumption, 2 p.m., SD215. trict Judge for the Eastern District of Virginia, and pos-
Committee on Foreign Relations: business meeting to con- sible authorization of subpoenas in the connection with
bajohnson on PRODPC74 with DIGEST

sider S.392, to ensure payment of United States assess- investigation into the replacement of U.S. attorneys, 10
ments for United Nations peacekeeping operations for the a.m., SD226.

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May 23, 2007 CONGRESSIONAL RECORD DAILY DIGEST D741
Select Committee on Intelligence: to hold hearings to exam- Reform: Labor Movement Perspectives, 9 a.m., 2141 Ray-
ine terrorist ideology, 3:30 p.m., SD106. burn.
Committee on Natural Resources, Subcommittee on Fish-
House eries, Wildlife and Oceans and the Subcommittee on Na-
Committee on Agriculture, Subcommittee on Livestock, tional Parks, Forests and Public Lands, joint oversight
Dairy, and Poultry, to consider H.R. 2419, Farm Bill Ex- hearing on No Child Left Inside: Reconnecting Kids with
tension Act of 2007, 10 a.m., 1300 Longworth. the Outdoors, 10 a.m., 1324 Longworth.
Committee on Armed Services, Subcommittee on Oversight Subcommittee on Water and Power, hearing on the
and Investigations, hearing on training of development of following bills: H.R. 31, Elsinore Valley Municipal
the Iraqi police service, 9 a.m., 2212 Rayburn. Water District Wastewater and Recycled Water Facilities
Committee on Education and Labor, Subcommittee on Act of 2007; and H.R. 1526, Bay Area Regional Water
Workforce Protections, hearing on Workplace Safety: Recycling Program Authorization Act of 2007, 10 a.m.,
Why do Millions of Workers Remain Without OSHA 1334 Longworth.
Coverage? 10:30 a.m., 2175 Rayburn. Committee on Oversight and Government Reform, hearing on
Committee on Energy and Commerce, Subcommittee on En- Invisible Casualties: The Incidence and Treatment of
ergy and Air Quality, hearing entitled Legislative Hear- Mental Health Problems by the U.S. Military, 9:30 a.m.,
ing on Discussion Drafts concerning Energy Efficiency, 2154 Rayburn.
Smart Electricity Grid, Energy Policy Act of 2005 Title Committee on Science and Technology, Subcommittee on
XVII Loan Guarantees, and Standby Loans for Coal-to- Investigations and Oversight, hearing on the NASA Ad-
Liquids Projects, 10 a.m., 2123 Rayburn. ministrators Speech to Office of Inspector General Staff,
Committee on Financial Services, to continue mark up of the Subsequent Destruction of Video Records and Associ-
H.R. 1851, Section 8 Voucher Reform Act of 2007, 10 ated Matters, 10 a.m., 2318 Rayburn.
a.m., 2128 Rayburn. Committee on Small Business, hearing entitled Expand-
Committee on Foreign Affairs, Subcommittee on Africa ing Small Business Health Insurance Coverage Using the
and Global Health, hearing on International Food Aid Private Reinsurance Market, 10 a.m., 2360 Rayburn.
Programs: Options to Enhance Effectiveness; followed by Committee on Transportation and Infrastructure, Sub-
a briefing on this subject, 2:30 p.m., 2172 Rayburn. committee on Highways and Transit, hearing on Public-
Subcommittee on Europe, hearing on expanding the Private Partnerships: State and User Perspectives, 10
Visa Waiver Program, Enhancing Transatlantic Relations, a.m., 2167 Rayburn.
1 p.m., 2200 Rayburn. Committee on Ways and Means, Subcommittee on Select
Subcommittee on Terrorism, Nonproliferation, and Revenue Measures, hearing on Tax Incentives for Afford-
Trade, hearing on the Reauthorization of OPIC, 10 a.m., able Housing, 10 a.m., 1100 Longworth.
2172 Rayburn. Permanent Select Committee on Intelligence, Subcommittee
Committee on Homeland Security, Subcommittee on Man- on Intelligence Community Management, executive,
agement, Investigations, and Oversight, hearing entitled briefing on DNI, 1 p.m., H405 Capitol.
Examining the Impact of Equipment Shortages on the
National Guards Readiness for Homeland Security Mis- Joint Meetings
sions, 10 a.m., 311 Cannon. Commission on Security and Cooperation in Europe: to hold
Committee on the Judiciary, Subcommittee on Immigra- hearings to examine Russia, focusing on the reemergence
tion, Citizenship, Refugees, Border Security, and Inter- of Russia as a major political and economic power, 10
national Law, hearing on Comprehensive Immigration a.m., B318RHOB.
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D742 CONGRESSIONAL RECORD DAILY DIGEST May 23, 2007

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES


9:30 a.m., Thursday, May 24 10 a.m., Thursday, May 24

Senate Chamber House Chamber


Program for Thursday: After the transaction of any Program for Thursday: H.R. 2316Honest Leadership
morning business (not to extend beyond 60 minutes), and Open Government Act (Subject to a Rule) and H.R.
Senate will continue consideration of S. 1348, Com- 2317Lobbying Transparency Act of 2007 (Subject to a
prehensive Immigration Reform. Rule).

Extensions of Remarks, as inserted in this issue


HOUSE Hulshof, Kenny C., Mo., E1127 Schakowsky, Janice D., Ill., E1130, E1142
Jordan, Jim, Ohio, E1123 Sessions, Pete, Tex., E1133
Berkley, Shelley, Nev., E1138, E1139 Knollenberg, Joe, Mich., E1132 Shimkus, John, Ill., E1130
Blumenauer, Earl, Ore., E1127 LaHood, Ray, Ill., E1140 Simpson, Michael K., Idaho, E1128, E1129
Bordallo, Madeleine Z., Guam, E1142 Lampson, Nick, Tex., E1141
Skelton, Ike, Mo., E1135
Brown-Waite, Ginny, Fla., E1133 Larson, John B., Conn., E1140
Burton, Dan, Ind., E1124 McMorris Rodgers, Cathy, Wash., E1137 Stark, Fortney Pete, Calif., E1141
Capps, Lois, Calif., E1123 Miller, Jeff, Fla., E1136 Tancredo, Thomas G., Colo., E1127, E1128, E1129,
Cummings, Elijah E., Md., E1140 Moore, Gwen, Wisc., E1134 E1131, E1133, E1134, E1136, E1137, E1138
Davis, Danny K., Ill., E1143 Moran, James P., Va., E1139 Tiahrt, Todd, Kans., E1135
Diaz-Balart, Lincoln, Fla., E1134 Murphy, Patrick J., Pa., E1137 Towns, Edolphus, N.Y., E1125, E1127, E1128, E1129,
Fossella, Vito, N.Y., E1137 Petri, Thomas E., Wisc., E1136 E1130, E1132
Garrett, Scott, N.J., E1135, E1137 Pryce, Deborah, Ohio, E1131 Udall, Mark, Colo., E1133
Gonzalez, Charles A., Tex., E1134 Putnam, Adam H., Fla., E1143 Visclosky, Peter J., Ind., E1138
Gordon, Bart, Tenn., E1134 Roybal-Allard, Lucille, Calif., E1137 Walsh, James T., N.Y., E1128, E1129
Graves, Sam, Mo., E1142 Ruppersberger, C.A. Dutch, Md., E1140
Wolf, Frank R., Va., E1133
Honda, Michael M., Calif., E1135 Sanchez, Linda T., Calif., E1123, E1123

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