Congressional Record (Bound Edition), Volume 152 (2006), Part 17 - Congressional Record (Bound Edition), Volume 152 for November 13, 2006

[Congressional Record (Bound Edition), Volume 152 (2006), Part 17]
[Issue]
[Pages 21823-21917]
[From the U.S. Government Publishing Office, www.gpo.gov]

[[Page 21823]]

HOUSE OF REPRESENTATIVES--Monday, November 13, 2006

The House met at 2 p.m. and was called to order by the Speaker pro
tempore (Mr. Gingrey).

____________________

DESIGNATION OF THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore laid before the House the following
communication from the Speaker:

Washington, DC,

November 13, 2006.
I hereby appoint the Honorable Phil Gingrey to act as
Speaker pro tempore on this day.
J. Dennis Hastert,
Speaker of the House of Representatives.

____________________

PRAYER

The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
Lord God of the universe, we praise You and thank You as the 109th
Congress gathers to resume its work in serving this Nation. Grant all
the Members of this assembly wisdom, prudence and courage as these
words of Moses are taken to heart and You pour forth Your spirit upon
two new Members as well:
``If you will only obey the Lord your God by diligently observing all
the commandments that I enjoin on you today, the Lord your God will
raise you high above all the nations of the Earth. Every blessing shall
come upon you and overwhelm you, if only you obey the Lord your God.''
With renewed faith, we place all our trust in You, and give You
glory, Lord, by our words and deeds both now and forever. Amen.

____________________

THE JOURNAL

The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.

____________________

PLEDGE OF ALLEGIANCE

The SPEAKER pro tempore. Will the gentleman from Texas (Mr. Poe) come
forward and lead the House in the Pledge of Allegiance.
Mr. POE led the Pledge of Allegiance as follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.

____________________

NO SUBSTITUTE FOR VICTORY

(Mr. POE asked and was given permission to address the House for 1
minute.
Mr. POE. Mr. Speaker, as the war wages on in the deserts of Iraq,
there is talk of a new direction. There are only three options: one,
retreat because the fight is a bit rough-going. Two, stalemate. A
Vietnam-type politically correct draw. Three, victory.
Mr. Speaker, there is no substitute for victory. Let the generals
finish the job, win and bring our troops home. Abandoning Iraq is not
in the best interest of the United States. If we sneak out now, who is
to say the Iranians and their rogue dictator will not come in and make
Iraq a puppet nation of their radicalism.
Confront the armed militias who murder Iraqis in the name of
religion, like al-Sa'dr's Mahdi army. The thugs who roam the streets
are not engaged in civil war, but terror and anarchy and murder.
The question I was asked when I was in Iraq by Iraqi citizens was, is
America going to leave like in 1991 before the war is won? While
American politicians are debating that question, turn the U.S. military
loose on the enemy and let our troops decide that question with total
victory.
And that's just the way it is.

____________________

AMERICA'S NEED FOR FUEL INDEPENDENCE

(Mr. KINGSTON asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. KINGSTON. Mr. Speaker, at one time the United States of America
overwhelmingly was an agrarian country, but today only 2 percent of the
population are farmers. Yet those 2 percent feed all 100 percent of us
and a great portion of the rest of the world as well.
Now, when it comes to energy, however, we import 60 percent; yet
America consumes 25 percent of the world's oil. We need, for the sake
of national security, fuel independence. In 2004, we bought over $100
billion of oil from non-democratic countries, countries like Saudi
Arabia, Iran, Iraq, Russia, Venezuela, countries that are not always
with the United States on a lot of matters and particularly on their
votes in the U.N.
When we do this, we are funding both sides in the war on terrorism.
We need to move towards alternatives: biofuel, ethanol, hydrogen. These
technologies are already out there; we just need to have a national
commitment to have fuel independence.
I have proposed a bill, H.R. 4409, which is cosponsored by Mr. Engel
of New York, that moves us in that direction in 20 years. I urge my
colleagues to join us and take a good serious look at fuel
independence.

____________________

CONGRATULATING THE HOUSTON DYNAMO

(Ms. JACKSON-LEE of Texas asked and was given permission to address
the House for 1 minute and to revise and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, soccer anyone? Mr. Speaker, I
rise today to congratulate the Houston Dynamo, located in the 18th
Congressional District, who are now the 2006 Major League Soccer Cup
champions, as they won it just yesterday in front of thousands of
soccer fans at Pizza Hut Park. The Houston Dynamo emerged victorious
against the New England Revolution.
A bet was made with the mayor of the City of Houston and the mayor of
Boston now has to pay up, legally. The win was with a score of 4-3 on
penalty kicks after the team played to a 1-1 draw through regulation
and extra time.
This is a young team that moved from San Jose, and we in Houston are
enthusiastic and absolutely dynamic about the Dynamo. Congratulations
to Kelly Gray, Stuart Holden, Dwayne De Rosario and Brian Ching who
successfully converted from the penalty spot in the shoot-out. Brian
Ching was recognized as the match's most valuable player.
This is the Dynamo's first season in Houston. They have surely made a
warm welcome for themselves. The team is led by 2005 Major League
Soccer Coach of the Year, Dominic Kinnear. Let me acknowledge Dynamo
investor-operator Philip Anschutz for the time and commitment he has
given to U.S. soccer and the City of Houston.
Let me also thank Oliver Luck and all of the management team family.
I also congratulate the players and their families for making the
transition from their other city to Houston, Texas. Let me also say
that the Dynamo are great civic leaders and participants. I am
delighted that they are going to be involved with our school districts
in Houston, the North Forest Independent School District to be able

[[Page 21824]]

to uplift those students and let them know that staying in school is
the right thing to do.
Soccer, anyone? The Houston Dynamo, they are the Major League Soccer
Cup winners of 2006. We are proud of them. I yield back knowing that we
can play soccer in Houston, Texas.

____________________

HOUR OF MEETING ON TOMORROW

Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that when the
House adjourns today, it adjourn to meet at 10 a.m. tomorrow for
morning hour debate, thereafter to resume its session at 11 a.m.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.

____________________

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on motions to suspend the rules
on which a recorded vote or the yeas and nays are ordered, or on which
the vote is objected to under clause 6 of rule XX.
Record votes on postponed questions will be taken after 6:20 p.m.
today.

____________________

SIERRA NATIONAL FOREST LAND EXCHANGE ACT OF 2006

Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and concur
in the Senate amendment to the bill (H.R. 409) to provide for the
exchange of land within the Sierra National Forest, California, and for
other purposes.
The Clerk read as follows:

Senate amendment:
Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Sierra National Forest Land
Exchange Act of 2006''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Council.--The term ``Council'' means the Sequoia
Council of the Boy Scouts of America.
(2) Federal land.--The term ``Federal land'' means the
parcel of land comprising 160 acres and located in E\1/
2\SW\1/4\ and W\1/2\SE\1/4\, sec. 30, T. 9 S., R. 25 E., Mt.
Diablo Meridian, California.
(3) Non-federal land.--The term ``non-Federal land'' means
a parcel of land comprising approximately 80 acres and
located in N\1/2\NW\1/4\, sec. 29, T. 8 S., R. 26 E., Mt.
Diablo Meridian, California.
(4) Project no. 67.--The term ``Project No. 67'' means the
hydroelectric project licensed pursuant to the Federal Power
Act (16 U.S.C. 791a et seq.) as Project No. 67.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.

SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST, CALIFORNIA.

(a) Exchange Authorized.--
(1) In general.--If, during the 1-year period beginning on
the date of enactment of this Act, the owner of the non-
Federal land offers to convey to the United States title to
the non-Federal land and to make a cash equalization payment
of $50,000 to the United States, the Secretary shall convey
to the owner of the non-Federal land, all right, title, and
interest of the United States in and to the Federal land,
except as provided in subsection (d), subject to valid
existing rights, and under such terms and conditions as the
Secretary may require.
(2) Correction and modification of legal descriptions.--
(A) In general.--The Secretary, in consultation with the
owner of the non-Federal land, may agree to make corrections
to the legal descriptions of the Federal land and non-Federal
land.
(B) Modifications.--The Secretary and the owner of the non-
Federal land may agree to make minor modifications to the
legal descriptions if the modifications do not affect the
overall value of the exchange by more than 5 percent.
(b) Valuation of Land To Be Conveyed.--For purposes of this
section, during the period referred to in subsection (a)(1)--
(1) the value of the non-Federal land shall be considered
to be $200,000; and
(2) the value of the Federal land shall be considered to be
$250,000.
(c) Administration of Land Acquired by United States.--On
acquisition by the Secretary, the Secretary shall manage the
non-Federal land in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Act'') (16 U.S.C. 480 et seq.); and
(2) any other laws (including regulations) applicable to
the National Forest System.
(d) Conditions on Conveyance of Federal Land.--The
conveyance by the Secretary under subsection (a) shall be
subject to the conditions that--
(1) the recipient of the Federal land convey all 160 acres
of the Federal land to the Council not later than 120 days
after the date on which the recipient receives title to the
Federal land;
(2) in accordance with section 4(a), the Secretary grant to
the owner of Project No. 67 an easement; and
(3) in accordance with section 4(b), the owner of Project
No. 67 has the right of first refusal regarding any
reconveyance of the Federal land by the Council.
(e) Disposition and Use of Cash Equalization Funds.--
(1) In general.--The Secretary shall deposit the cash
equalization payment received under subsection (a)(1) in the
fund established by Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation, for the acquisition of land and any interests
in land for the National Forest System in the State of
California.
(f) Cost Collection Funds.--
(1) In general.--The owner of the non-Federal land shall
pay to the Secretary all direct costs associated with
processing the land exchange under this section.
(2) Cost collection account.--
(A) In general.--Any amounts received by the Secretary
under paragraph (1) shall be deposited in a cost collection
account.
(B) Use.--Amounts deposited under subparagraph (A) shall be
available to the Secretary until expended, without further
appropriation, for the costs associated with the land
exchange.
(C) Refund.--The Secretary shall provide to the owner of
the non-Federal land a refund of any amounts remaining in the
cost collection account after completion of the land exchange
that are not needed to cover expenses of the land exchange.
(g) Land and Water Conservation Fund.--For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Sierra National
Forest shall be considered to be the boundaries of the Sierra
National Forest as of January 1, 1965.

SEC. 4. GRANT OF EASEMENT AND RIGHT OF FIRST REFUSAL.

In accordance with the agreement entered into by the Forest
Service, the Council, and the owner of Project No. 67
entitled the ``Agreement to Convey Grant of Easement and
Right of First Refusal'' and executed on April 17, 2006--
(1) the Secretary shall grant an easement to the owner of
Project No. 67; and
(2) the Council shall grant a right of first refusal to the
owner of Project No. 67.

SEC. 5. EXERCISE OF DISCRETION.

In exercising any discretion necessary to carry out this
Act, the Secretary shall ensure that the public interest is
well served.

SEC. 6. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST
BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT,
TRANSPORTATION FUELS, AND OTHER COMMERCIAL
PURPOSES.

Section 210(d) of the Energy Policy Act of 2005 (42 U.S.C.
15855(d)) is amended by striking ``$50,000,000 for each of
the fiscal years 2006 through 2016'' and inserting
``$50,000,000 for fiscal year 2006 and $35,000,000 for each
of fiscal years 2007 through 2016''.

General Leave

Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 409 provides for the exchange of land within the
Sierra National Forest in California. This bill originally passed the
House of Representatives on September 20, 2005, but was recently
amended by the Senate.
The land exchange portion of the bill remains unchanged and would
exchange 160 acres of Forest Service property, of which only 15 acres
is above water, for 80 acres of private land surrounded by national
forest. The land owner has agreed to pay the difference of $50,000 to
the Forest Service to finalize the land transfer.
After the completion of the exchange, the land owner will then convey
the property to the Sequoia Council Boy Scouts who have run a camp on
the land under a special use permit for the last 30 years.
The Senate amendment reduces funding for a biomass grant program
authorized by the Energy Policy Act of 1995 to pay, in part, for the
funding authorized by the unrelated package of

[[Page 21825]]

other energy and natural resource-related bills.
This biomass grant program was originally authorized at $50 million
per year, but only received $4 million in funding this year. The
Resources Committee has been very supportive of biomass funding to help
reduce hazardous fuels and create valuable byproducts for otherwise
unmerchantable woody debris.
And while the Senate's reduction in authorization funding is somewhat
distressing, the Resources Committee agrees to pass this bill with the
understanding that both the House and the Senate work together to
increase the amount appropriated for biomass grants in the future. This
would, in turn, reduce the cost of removing hazardous fuels from the
forest and save taxpayer dollars.
Mr. Speaker, I urge adoption of the bill.
Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as Mr. Radanovich explained, H.R. 409 directs the
Secretary of Agriculture to exchange 160 acres of Federal land in the
Sierra National Forest at Shaver Lake for an 80-acre inholding also in
the Sierra National Forest.
H.R. 409 also requires that the owners of the non-Federal land make a
$50,000 cash equalization payment and convey the Federal land to the
Sequoia Council of the Boy Scouts of America within 120 days of
receiving it.
Furthermore, an amendment to H.R. 409 made by the other body makes
changes to the biomass grants under the Energy Policy Act of 2005.
Mr. Speaker, we have no objections to H.R. 409.
Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I have no additional speakers, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 409.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
amendment was concurred in.
A motion to reconsider was laid on the table.

____________________

TRAIL OF TEARS STUDY ACT

Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and concur
in the Senate amendment to the bill (H.R. 3085) to amend the National
Trails System Act to update the feasibility and suitability study
originally prepared for the Trail of Tears National Historic Trail and
provide for the inclusion of new trail segments, land components, and
campgrounds associated with that trail, and for other purposes.
The Clerk read as follows:

Senate amendment:
On page 3, strike lines 1 through 3 and insert the
following:
``(iv) The related campgrounds located along the routes and
land components described in clauses (i) through (iii).
``(D) No additional funds are authorized to be appropriated
to carry out subparagraph (C). The Secretary may accept
donations for the Trail from private, nonprofit, or tribal
organizations.''.

General Leave

Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3085, introduced by Congressman Zach Wamp of
Tennessee and amended by the Senate, would amend the National Trails
System Act to update a feasibility study originally prepared for the
Trail of Tears in 1987.
This new study would examine new trail segments, land components and
campgrounds associated with the trail, particularly Bell and Benge
Segments.
As my colleagues are aware, the Trail of Tears National Historic
Trail encompasses the primary water route and northern land route used
during the forced removal of the Cherokee Nation from its homelands in
the southeast United States to Indian Territory, which is present-day
Oklahoma.
Mr. Speaker, I urge adoption of the bill.
Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the majority has already explained the purpose of H.R.
3085, which was introduced by our colleague from Tennessee,
Representative Zach Wamp. H.R. 3085 passed the Senate this past July
and has been returned to us with an amendment from the Senate.
Mr. Speaker, while the amendment made to H.R. 3085 is, in our view,
unnecessary, the overall bill is a good one and we have no objection to
the adoption of the legislation by the House today.

{time} 1415

Mr. Speaker, I reserve the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I yield 4 minutes to the gentleman from
Tennessee (Mr. Wamp).
Mr. WAMP. Mr. Speaker, I just want to thank Chairman Pombo, Chairman
Radanovich, Ranking Member Herseth, all of the staffs involved for
their work through the Resources Committee and subcommittees on this
bill. I would also like to thank my Senate cosponsors, Senator Coburn,
Senator Frist, and majority leader Senator Alexander for their
involvement as well. I am very proud to be the lead sponsor of H.R.
3085. Completing the story of the Cherokee removal is an important
issue for Congress to address. I urge all of my colleagues to vote for
it.
I understand we are going to have a recorded vote on this. We are
under suspensions, and I am going to need the votes. I am going to ask
everyone to come and vote for this.
It has been cosponsored by 20 of my colleagues, all from districts
and States in which the additional components are located. I would also
like to add that S. 1970, the Senate companion bill, was sponsored by
Coburn, Frist, and Alexander.
As a consequence of the Indian Removal Act of 1830, a detachment led
by John Benge traveled 734 miles starting at Fort Payne, Alabama,
continuing through Tennessee, Kentucky, Missouri, Arkansas, and
Oklahoma.
The treaty party group led by John A. Bell traveled 765 miles
starting at Charleston, Tennessee, traveling through Arkansas,
collectively passing through 10 counties in Tennessee eventually.
Also included are 29 forts and the emigration depots located near
Fort Payne, Alabama; Ross' Landing, present-day Chattanooga, Tennessee;
and Fort Cass, present-day Charleston, Tennessee, where the Cherokee
initially were taken after being rounded up from their homes.
Consequently, the intent of H.R. 3085 is to study an expansion of the
current Trail of Tears National Historic Trail, which Congress
designated in 1987, to include these additional documented components
in the National Trails System Act. The proposed additions have been
documented by National Park Service historians, military journals, and
newspaper accounts.
The bill directs the Secretary of the Interior to complete within 6
months the remaining criteria necessary to determine the designation of
additional routes to the Trail of Tears National Historic Trail.
Even today, many interpretation activities along the Trail of Tears
seek to remember the historic routes taken by the Benge detachment and
the Bell Treaty Party as we are considering inclusion in the National
Trails System.

[[Page 21826]]

I want to be very clear that it is my intent that this legislation
respect private property rights absolutely. I believe the National Park
Service has demonstrated strong partnerships geared towards respecting
the private property of citizens in its administering of the current
Trail of Tears National Historic Trail and will continue to do so upon
the addition of the routes.
The designation and interpretation of the sites and trails associated
with the Cherokee removal will enhance public understanding of American
history. Our greatness as a Nation is our ability to look at our own
history objectively and in proper perspective, being mindful of the
errors of the past in order to not repeat them. Through this
legislation we will honor the historic footsteps taken by the Cherokee
and celebrate our future as we remember the past.
Finally, because of historical significance, H.R. 3085 enjoys broad
support not only within Congress but also within the Cherokee Nation,
Eastern Band of Cherokee and associated trail organizations such as the
Trail of Tears Association. The legislation is a wonderful example of
how we can better understand a national event through commemoration of
the Cherokees' story.
I want to thank principle chief of the Cherokee Nation, Chad Smith;
principle chief of the Eastern Band of the Cherokee Nation, Michell
Hicks; and everyone at the National and State Trail of Tears
Associations, especially Dr. Duane King and Jack Baker.
In closing, Mr. Speaker, let me say that basically in the last 20
years, we have been missing a big piece of the Trail of Tears. It was
enacted by statute 20 years ago, but it was very incomplete. Two major
trails were never added, and now that we have that documentation, it is
important for history, it is important for the Cherokee Nation, it is
important for the future of our country to understand what happened and
where this happened, where we forcibly removed thousands upon thousands
of Cherokee and forced them to their new land in Oklahoma, many dying
along the way.
It is a tragic story, but it is one that cannot be swept under the
rug. The Cherokee are a proud people, and I am very proud of the
Cherokee blood in my veins, and I urge all of my colleagues to join me
today in honoring the Cherokee Nation in this great story of Native
Americans who were forced from their homeland but have survived and are
even stronger today because of the challenges they have been through
and to make this wrong right in the history of America.
Ms. HERSETH. Mr. Speaker, I would just like to congratulate the
gentleman from Tennessee for his hard work on this important
legislation and for his statement on the floor today, and I yield back
the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I have no other speakers, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 3085.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those voting have responded in the affirmative.
Mr. RADANOVICH. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.

____________________

IDAHO LAND ENHANCEMENT ACT

Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1131) to authorize the exchange of certain Federal land
within the State of Idaho, and for other purposes.
The Clerk read as follows

S. 1131

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Idaho Land Enhancement
Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
executed in April 2005 entitled ``Agreement to Initiate,
Boise Foothills--Northern Idaho Land Exchange'', as modified
by the agreement executed in March 2006 entitled ``Amendment
No. 1'', and entered into by--
(A) the Bureau of Land Management;
(B) the Forest Service;
(C) the State; and
(D) the City.
(2) Bureau of land management land.--The term ``Bureau of
Land Management land'' means the approximately 605 acres of
land administered by the Bureau of Land Management (including
all appurtenances to the land) that is proposed to be
acquired by the State, as identified in exhibit A2 of the
Agreement and as generally depicted on the maps.
(3) Board.--The term ``Board'' means the Idaho State Board
of Land Commissioners.
(4) City.--The term ``City'' means the city of Boise,
Idaho.
(5) Federal land.--The term ``Federal land'' means the
Bureau of Land Management land and the National Forest System
land.
(6) Maps.--The term ``maps'' means maps 1 through 7
entitled ``Parcel Identification Map: Idaho Lands Enhancement
Act Land Exchange'' and dated February 28, 2006.
(7) National forest system land.--The term ``National
Forest System land'' means the approximately 7,220 acres of
land (including all appurtenances to the land) that is--
(A) administered by the Secretary of Agriculture in the
Idaho Panhandle National Forests and the Clearwater National
Forest;
(B) proposed to be acquired by the State;
(C) identified in exhibit A2 of the Agreement; and
(D) generally depicted on the maps.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of Idaho,
Department of Lands.
(10) State land.--The term ``State land'' means the
approximately 11,815 acres of land (including all
appurtenances to the land) administered by the State that is
proposed to be acquired by the United States, as identified
in exhibit A1 of the Agreement and as generally depicted on
the maps.

SEC. 3. LAND EXCHANGE.

(a) In General.--In accordance with the Agreement and this
Act, if the State offers to convey the State land to the
United States, the Secretary and the Secretary of Agriculture
shall--
(1) accept the offer; and
(2) on receipt of title to the State land, simultaneously
convey to the State the Federal land.
(b) Valid Existing Rights.--The conveyance of the Federal
land and State land shall be subject to all valid existing
rights.
(c) Equal Value Exchange.--
(1) In general.--The value of the Federal land and State
land to be exchanged under this Act--
(A) shall be equal; or
(B) shall be made equal in accordance with subsection (d).
(2) Appraisals.--The value of the Federal land and State
land shall be determined in accordance with appraisals--
(A) conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) the Uniform Standards of Professional Appraisal
Practice;
(B) reviewed by an interdepartmental review team comprised
of representatives of Federal and State agencies; and
(C) approved by the Secretary or the Secretary of
Agriculture, as appropriate.
(3) Term of approval.--The term of approval of the
appraisals by the interdepartmental review team is extended
to September 13, 2008.
(d) Cash Equalization.--
(1) In general.--If the value of the Federal land and State
land is not equal, the value may be equalized by the payment
of cash to the United States or to the State, as appropriate,
in accordance with section 206(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716(b)).
(2) Disposition and use of proceeds.--
(A) Disposition of proceeds.--Any cash equalization
payments received by the United States under paragraph (1)
shall be deposited in the fund established under Public Law
90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(B) Use of proceeds.--Amounts deposited under subparagraph
(A) shall be available to the Secretary of Agriculture,
without further appropriation and until expended, for the
acquisition of land and interests in land for addition to the
National Forest System in the State.
(e) Timing.--It is the intent of Congress that the land
exchange authorized and directed by this Act shall be
completed not later than 180 days after the date of enactment
of this Act.
(f) Rights-of-Way.--
(1) Rights-of-way to national forest system land.--The
Secretary of Agriculture,

[[Page 21827]]

under the authority of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.), shall convey to the
State any easements or other rights-of-way to National Forest
System land that are--
(A) appropriate to provide access to the National Forest
System land acquired by the State; and
(B) agreed to by the Secretary of Agriculture and the
State.
(2) Rights-of-way to state land.--The State shall convey to
the United States any easements or other rights-of-way to
land owned by the State that are--
(A) appropriate to provide access to the State land
acquired by the United States; and
(B) agreed to by--
(i) the Secretary or the Secretary of Agriculture; and
(ii) the State.
(g) Costs.--The City, either directly or through a
collection agreement with the Secretary and the Secretary of
Agriculture, shall pay the administrative costs associated
with the conveyance of the Federal land and State land,
including the costs of any field inspections, environmental
analyses, appraisals, title examinations, and deed and patent
preparations.

SEC. 4. MANAGEMENT OF FEDERAL LAND.

(a) Transfer of Administrative Jurisdiction.--
(1) In general.--There is transferred from the Secretary to
the Secretary of Agriculture administrative jurisdiction over
the land described in paragraph (2).
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 2,110 acres of land that is
administered by the Bureau of Land Management and located in
Shoshone County, Idaho, as generally identified in exhibit A3
of the Agreement.
(3) Wilderness study areas.--Any land designated as a
Wilderness Study Area that is transferred to the Secretary of
Agriculture under paragraph (1) shall be managed in a manner
that preserves the suitability of land for designation as
wilderness until Congress determines otherwise.
(b) Additions to the National Forest System.--The Secretary
of Agriculture shall administer any land transferred to, or
conveyed to the United States for administration by, the
Secretary of Agriculture in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Act'') (16 U.S.C. 480 et seq.); and
(2) the laws (including regulations) applicable to the
National Forest System.
(c) Land To Be Managed by the Secretary.--The Secretary
shall administer any State land conveyed to the United States
under this Act for administration by the Secretary in
accordance with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) other applicable laws.
(d) Land and Water Conservation Fund.--For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the Idaho Panhandle
National Forests and the Clearwater National Forest shall be
considered to be the boundaries of the Idaho Panhandle
National Forests and the Clearwater National Forest,
respectively, as of January 1, 1965.

SEC. 5. MISCELLANEOUS PROVISIONS.

(a) Legal Descriptions.--The Secretary, the Secretary of
Agriculture, and the Board may modify the descriptions of
land specified in the Agreement to--
(1) correct errors; or
(2) make minor adjustments to the parcels based on a survey
or other means.
(b) Revocation of Orders.--Subject to valid existing
rights, any public land orders withdrawing any of the Federal
land from appropriation or disposal under the public land
laws are revoked to the extent necessary to permit disposal
of the Federal land.
(c) Withdrawals.--
(1) Federal land.--Subject to valid existing rights,
pending completion of the land exchange, the Federal land is
withdrawn from--
(A) all forms of location, entry, and patent under the
mining and public land laws; and
(B) disposition under the mineral leasing laws and the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
(2) State land.--Subject to valid existing rights, the land
transferred to the United States under this Act is withdrawn
from--
(A) all forms of location, entry, and patent under the
mining and public land laws; and
(B) disposition under the mineral leasing laws and the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
(3) Effect.--Nothing in this section precludes the
Secretary or the Secretary of Agriculture from using common
varieties of mineral materials for construction and
maintenance of Federal roads and facilities on the State land
acquired under this Act. Passed the Senate September 29,
2006.

General Leave

Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
may be given 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself as much time as I may
consume.
The Boise foothills provide a beautiful, open-space backdrop for the
city of Boise. For decades, community members have sought a way to
protect open space, and in May 2001, the citizens of Boise approved a
tax to secure open space in the foothills.
Roughly 7,700 acres of land in the Boise foothills is owned by the
State of Idaho. The State is required to manage these lands to maximize
revenue, which would likely lead to development. S. 1131, introduced by
Senator Larry Craig in the Senate and Congressman Butch Otter in the
House, would remedy this problem by codifying an agreement produced
collaboratively by the city of Boise and the State of Idaho and the
Forest Service and the Bureau of Land Management. The agreement would
exchange Idaho State endowment lands on an equal-value basis with other
Federal and State lands across a broad area in the State.
I urge support of this important measure.
Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this land exchange reflects an agreement reached between
the Forest Service, Bureau of Land Management, Idaho Department of
Lands, and the city of Boise.
The city of Boise has significant interest in preserving the Boise
foothills for open space. However, the State of Idaho has a
constitutional mandate to maximize revenue on their State lands and
cannot manage State lands in the Boise foothills for open space.
Therefore, S. 1131 transfers 11,815 acres of lands from the Idaho
Department of Lands to the Forest Service and Bureau of Land Management
to be managed for open space preservation for the benefit of the city
of Boise. The State Department of Lands will acquire 7,220 acres of
National Forest System lands that are timber-producing lands and 605
acres of lands from the Bureau of Land Management.
Mr. Speaker, we have no objections to S. 1131.
Mr. OTTER. Mr. Speaker, I rise today in support of S. 1131 the Idaho
Land Enhancement Act. This legislation directs the Secretaries of
Agriculture and Interior to exchange land with the State of Idaho,
including key parcels in the Boise Foothills and North Idaho.
Protecting the Boise Foothills from unchecked development has long
been a priority for residents of Boise, Idaho. In May 2001 the citizens
of Boise, in one of the highest voter turnouts in city history, elected
to tax themselves in order to provide funding to secure permanent
public open space in the Boise Foothills. The land exchange before you
today is a key component of that effort.
The exchange concept was developed between the Idaho Department of
Lands, the Bureau of Land Management and the U.S. Forest Service with
the assistance of the City of Boise. It uses both Bureau of Land
Management and Forest Service acreage to balance an exchange with Idaho
State Endowment lands on an equal-value basis. Bureau of Land
Management, Forest Service and Idaho Department of Lands staff have
identified parcels that help reduce threats to federal forests and
grasslands identified by the Chief of the Forest Service while
conveying land to the State of Idaho that help the State's endowment
fund beneficiaries.
I introduced identical legislation H.R. 2718, and I appreciate all of
the assistance we got from the House Resources Committee in moving this
bill through the process. This land exchange is an agreement on which
everyone wins. The state of Idaho gets more timberland; the schools get
more timber revenue; the people of the Boise area get more open space;
and the state and federal agencies involved get a higher level of
management efficiency.
I would appreciate your support of this small but important piece of
legislation.

[[Page 21828]]

Ms. HERSETH. Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I have no additional speakers, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and pass the Senate bill, S. 1131.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
bill was passed.
A motion to reconsider was laid on the table.

____________________

PITKIN COUNTY LAND EXCHANGE ACT OF 2006

Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and concur
in the Senate amendment to the bill (H.R. 1129) to authorize the
exchange of certain land in the State of Colorado.
The Clerk read as follows:

Senate amendment:
Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Pitkin County Land Exchange
Act of 2006''.

SEC. 2. PURPOSE.

The purpose of this Act is to authorize, direct, expedite,
and facilitate the exchange of land between the United
States, Pitkin County, Colorado, and the Aspen Valley Land
Trust.

SEC. 3. DEFINITIONS.

In this Act:
(1) Aspen valley land trust.--
(A) In general.--The term ``Aspen Valley Land Trust'' means
the Aspen Valley Land Trust, a nonprofit organization as
described in section 501(c)(3) of the Internal Revenue Code
of 1986.
(B) Inclusions.--The term ``Aspen Valley Land Trust''
includes any successor, heir, or assign of the Aspen Valley
Land Trust.
(2) County.--The term ``County'' means Pitkin County, a
political subdivision of the State of Colorado.
(3) Federal land.--The term ``Federal land'' means--
(A) the approximately 5.5 acres of National Forest System
land located in the County, as generally depicted on the map
entitled ``Ryan Land Exchange-Wildwood Parcel Conveyance to
Pitkin County'' and dated August 2004;
(B) the 12 parcels of National Forest System land located
in the County totaling approximately 5.92 acres, as generally
depicted on maps 1 and 2 entitled ``Ryan Land Exchange-
Smuggler Mountain Patent Remnants Conveyance to Pitkin
County'' and dated August 2004; and
(C) the approximately 40 acres of Bureau of Land Management
land located in the County, as generally depicted on the map
entitled ``Ryan Land Exchange-Crystal River Parcel Conveyance
to Pitkin County'' and dated August 2004.
(4) Non-federal land.--The term ``non-Federal land''
means--
(A) the approximately 35 acres of non-Federal land in the
County, as generally depicted on the map entitled ``Ryan Land
Exchange-Ryan Property Conveyance to Forest Service'' and
dated August 2004; and
(B) the approximately 18.2 acres of non-Federal land
located on Smuggler Mountain in the County, as generally
depicted on the map entitled ``Ryan Land Exchange-Smuggler
Mountain-Grand Turk & Pontiac Claims Conveyance to Forest
Service'' and dated August 2004.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.

SEC. 4. LAND EXCHANGE.

(a) In General.--If the County offers to convey to the
United States title to the non-Federal land that is
acceptable to the Secretary, the Secretary and the Secretary
of the Interior shall--
(1) accept the offer; and
(2) on receipt of acceptable title to the non-Federal land,
simultaneously convey to the County, or at the request of the
County, to the Aspen Valley Land Trust, all right, title, and
interest of the United States in and to the Federal land,
except as provided in section 5(d), subject to all valid
existing rights and encumbrances.
(b) Timing.--It is the intent of Congress that the land
exchange directed by this Act shall be completed not later
than 1 year after the date of enactment of this Act.

SEC. 5. EXCHANGE TERMS AND CONDITIONS.

(a) Equal Value Exchange.--The value of the Federal land
and non-Federal land--
(1) shall be equal; or
(2) shall be made equal in accordance with subsection (c).
(b) Appraisals.--The value of the Federal land and non-
Federal land shall be determined by the Secretary through
appraisals conducted in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions;
(2) the Uniform Standards of Professional Appraisal
Practice; and
(3) Forest Service appraisal instructions.
(c) Equalization of Values.--
(1) Surplus of non-federal land.--If the final appraised
value of the non-Federal land exceeds the final appraised
value of the Federal land, the County shall donate to the
United States the excess value of the non-Federal land, which
shall be considered to be a donation for all purposes of law.
(2) Surplus of federal land.--
(A) In general.--If the final appraised value of the
Federal land exceeds the final appraised value of the non-
Federal land, the value of the Federal land and non-Federal
land may, as the Secretary and the County determine to be
appropriate, be equalized by the County--
(i) making a cash equalization payment to the Secretary;
(ii) conveying to the Secretary certain land located in the
County, comprising approximately 160 acres, as generally
depicted on the map entitled ``Sellar Park Parcel'' and dated
August 2004; or
(iii) using a combination of the methods described in
clauses (i) and (ii).
(B) Disposition and use of proceeds.--
(i) Disposition of proceeds.--Any cash equalization payment
received by the Secretary under clause (i) or (iii) of
subparagraph (A) shall be deposited in the fund established
by Public Law 90-171 (commonly known as the ``Sisk Act'') (16
U.S.C. 484a).
(ii) Use of proceeds.--Amounts deposited under clause (i)
shall be available to the Secretary, without further
appropriation, for the acquisition of land or interests in
land in Colorado for addition to the National Forest System.
(d) Conditions on Certain Conveyances.--
(1) Conditions on conveyance of crystal river parcel.--
(A) In general.--As a condition of the conveyance of the
parcel of Federal land described in section 3(3)(C) to the
County, the County shall agree to--
(i) provide for public access to the parcel; and
(ii) require that the parcel shall be used only for
recreational, fish and wildlife conservation, and public open
space purposes.
(B) Reversion.--At the option of the Secretary of the
Interior, the parcel of land described in section 3(3)(C)
shall revert to the United States if the parcel is used for a
purpose other than a purpose described in subparagraph
(A)(ii).
(2) Conditions on conveyance of wildwood parcel.--In the
deed of conveyance for the parcel of Federal land described
in section 3(3)(A) to the County, the Secretary shall, as
determined to be appropriate by the Secretary, in
consultation with the County, reserve to the United States a
permanent easement for the location, construction, and public
use of the East of Aspen Trail.

SEC. 6. MISCELLANEOUS PROVISIONS.

(a) Incorporation, Management, and Status of Acquired
Land.--
(1) In general.--Land acquired by the Secretary under this
Act shall become part of the White River National Forest.
(2) Management.--On acquisition, land acquired by the
Secretary under this Act shall be administered in accordance
with the laws (including rules and regulations) generally
applicable to the National Forest System.
(3) Land and water conservation fund.--For purposes of
section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-9), the boundaries of the White River
National Forest shall be deemed to be the boundaries of the
White River National Forest as of January 1, 1965.
(b) Revocation of Orders and Withdrawal.--
(1) Revocation of orders.--Any public orders withdrawing
any of the Federal land from appropriation or disposal under
the public land laws are revoked to the extent necessary to
permit disposal of the Federal land.
(2) Withdrawal of federal land.--On the date of enactment
of this Act, if not already withdrawn or segregated from
entry and appropriation under the public land laws (including
the mining and mineral leasing laws) and the Geothermal Steam
Act of 1970 (30 U.S.C. 1001 et seq.), the Federal land is
withdrawn, subject to valid existing rights, until the date
of the conveyance of the Federal land to the County.
(3) Withdrawal of non-federal land.--On acquisition of the
non-Federal land by the Secretary, the non-Federal land is
permanently withdrawn from all forms of appropriation and
disposal under the public land laws (including the mining and
mineral leasing laws) and the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.).
(c) Boundary Adjustments.--The Secretary, the Secretary of
the Interior, and the County may agree to--
(1) minor adjustments to the boundaries of the parcels of
Federal land and non-Federal land; and
(2) modifications or deletions of parcels and mining claim
remnants of Federal land or non-Federal land to be exchanged
on Smuggler Mountain.

General Leave

Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.

[[Page 21829]]

The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself as much time as I may
consume.
H.R. 1129, introduced by Representative Mark Udall, would authorize a
small land exchange in Pitkin County, Colorado, between the Bureau of
Land Management, the U.S. Forest Service, and Pitkin County. This bill
was passed by the House of Representatives on December 6, 2005, but was
recently amended by the Senate. The amendment simply removed a
provision of the bill encumbering the land known as the Crystal River
parcel with a conservation easement.
The remaining portion of the bill would transfer 35 acres, once part
of the Ryan Ranch in the White River National Forest to the Forest
Service. This property is nearly surrounded by public land and valued
by the community as open space. In exchange, Pitkin County would
acquire 5.5 acres known as the Wildwood parcel from the Forest Service
and a total of 45.92 acres from the Bureau of Land Management
consisting of mining claims and land along the Crystal River.
The exchange is strongly supported by local officials and would help
to consolidate public and private ownership in Pitkin County.
Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
H.R. 1129 authorizes the exchange of certain lands between the Forest
Service, Bureau of Land Management, and Pitkin County in Colorado.
One of the properties the Forest Service will acquire is a 35-acre
parcel referred to as the Ryan property, which is one of the scenic
gems of the Roaring Fork Valley. At the urging of the Forest Service,
in 2000 Pitkin County and the Aspen Valley Land Trust acquired the Ryan
property to protect it from development until a land exchange
transferring it to Forest Service ownership could be arranged. Five
years later, H.R. 1129 accomplishes that goal.
We would like to recognize Representative Mark Udall for his
leadership on H.R. 1129, as well as cosponsor Representative John
Salazar.
Mr. Speaker, we support H.R. 1129.
Mr. UDALL of Colorado. Mr. Speaker, I rise in support of the motion
to concur in the Senate amendment to H.R. 1129, the Pitkin County Land
Exchange Act and to express my thanks to Chairman Pombo and Ranking
Member Rahall for making it possible for the House to consider it
today.
The bill provides for completion of a land exchange that involves
Pitkin County, Colorado, on the one hand and two federal agencies--the
Forest Service and BLM--on the other.
Under the exchange, the county will transfer two parcels to the
Forest Service--a 35-acre tract known as the ``Ryan property'' near the
ghost town of Ashcroft; and addition about 18.2 acres of patented
mining claims on Smuggler Mountain near Aspen, Colorado.
In return, the Federal Government would transfer to the county--
A 5.5 acre tract south of Aspen known as the ``Wildwood'' parcel,
which the county will transfer to private ownership after reserving a
permanent public easement for a trail;
About 5.92 acres in 12 scattered locations on Smuggler Mountain that
abut or are near lands now owned by the county;
And, finally, a 40-acre tract of BLM land along the Crystal River,
which will be subject to a permanent conservation easement limiting
future use to recreational, fish and wildlife, and open space purposes.
The bill requires standard appraisals of all properties involved. It
provides that if the lands going to the county are worth less than what
the county is giving to the Federal Government, the county will waive
additional payment, while if the lands provide by the county are worth
less than those the county is to receive, the county will either pay
cash to equalize or will convey an additional tract of about 160 acres,
in the Sellers' Meadow area near Hagerman Pass, to make up the
difference.
The Resources Committee made some technical changes suggested by the
administration and the county and the House passed the bill as so
amended last year.
On September 29th, the Senate by unanimous consent passed an amended
version of the House-passed bill, adding some provisions regarding
public access to and future use of the lands to be acquired by the
county and making a number of other, technical changes.
The Senate's changes are consistent with the original intent of the
legislation and are acceptable to the county. Accordingly, I urge the
House to concur in the Senate amendment and so to send the bill to the
President for signing into law.
Ms. HERSETH. Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 1129.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
amendment was concurred in.
A motion to reconsider was laid on the table.

____________________

LOWER FARMINGTON RIVER AND SALMON BROOK WILD AND SCENIC RIVER STUDY ACT
OF 2005

Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 435) to amend the Wild and Scenic Rivers Act to
designate a segment of the Farmington River and Salmon Brook in the
State of Connecticut for study for potential addition to the National
Wild and Scenic Rivers System, and for other purposes.
The Clerk read as follows:

S. 435

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Lower Farmington River and
Salmon Brook Wild and Scenic River Study Act of 2005''.

SEC. 2. DESIGNATION OF ADDITIONAL SEGMENT OF FARMINGTON RIVER
AND SALMON BROOK IN CONNECTICUT FOR STUDY FOR
POTENTIAL ADDITION TO NATIONAL WILD AND SCENIC
RIVERS SYSTEM.

(a) Designation.--Section 5(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the
end the following:
``(139) Lower Farmington River and Salmon Brook,
Connecticut.--The segment of the Farmington River downstream
from the segment designated as a recreational river by
section 3(a)(156) to its confluence with the Connecticut
River, and the segment of the Salmon Brook including its
mainstream and east and west branches.''.
(b) Time for Submission.--Not later than 3 years after the
date on which funds are made available to carry out this Act,
the Secretary of the Interior shall submit to Congress a
report containing the results of the study required by the
amendment made by subsection (a).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this Act.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentlewoman from South Dakota (Ms.
Herseth) each will control 20 minutes.
The Chair recognizes the gentleman from California.
Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may
consume
Mr. Speaker, Senate 435, introduced by Senator Lieberman of
Connecticut and a companion to H.R. 1344 sponsored by our colleague
Nancy Johnson, would study a segment of Farmington River and Salmon
Brook in Connecticut for potential addition to the National Wild and
Scenic River System.
I urge adoption of the bill.
Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the majority has already explained the purpose of S.
435, which passed the Senate in December 2005. The legislation is
nearly identical to a bill which has already passed the House. Since S.
435 simply authorizes a study of a proposed river designation, we have
no objection to the adoption of the legislation by the House today.
Mr. Speaker, I reserve the balance of my time.

{time} 1430

Mr. RADANOVICH. Mr. Speaker, I yield 5 minutes to the gentlewoman
from Connecticut (Mrs. Johnson).

[[Page 21830]]

Mrs. JOHNSON of Connecticut. I thank the gentleman. Mr. Speaker, I
rise today in strong support of S. 435, the Lower Farmington River and
Salmon Brook Wild and Scenic River Study Act of 2005. Once passed, the
bill will designate a segment of the Farmington River and Salmon Brook
in the State of Connecticut for study for potential addition to the
National Wild and Scenic Rivers System. I would like to thank the
chairman of the Resources Committee, Mr. Pombo, for bringing this
legislation to the floor and for working with me to ensure that this
important study can commence promptly.
The bill commissions a feasibility study to evaluate whether the
Lower Farmington River and the Salmon Brook qualify as a Wild and
Scenic Partnership River within the National Park Service's Wild and
Scenic Rivers System. The Lower Farmington River is defined as the 40-
mile stretch between the end of the west branch of the Farmington River
in Canton, Connecticut, and the Rainbow Dam in Windsor, and the Salmon
Brook, an additional 32-mile stretch in the top 12 in the State of
Connecticut for diversity of aquatic insects it hosts. The study area
crosses both the Fifth and First Congressional Districts. The
Farmington River and Salmon Brook's recreational and environmental
contributions to our State are well-known and a valuable resource for
future generations.
The 14 miles of the Farmington River's west branch, designated as a
Wild and Scenic Partnership River in 1994, is a resounding
environmental and economic success story. Partnership designation for
the west branch has fostered public-private partnerships to preserve
the area's environment and heritage while yielding economic benefits to
river towns. Its designation has preserved it as a home to trout, river
otter, and bald eagle populations; and historic structures still grace
its banks. Fishermen, hikers, canoeists, and kayakers enjoy the river
year-round.
I hope to see the rest of the Farmington River, as well as Salmon
Brook, enjoy similar success. This new initiative is a an ideal way to
showcase the whole river's unique cultural and recreational resources.
The direct economic impact of the final designation is estimated at $3
million and an additional $9 million in total economic impact from
recreational users.
This legislation has broad bipartisan support at the local, State,
and Federal level, and I urge my colleagues' support for the bill.
Ms. HERSETH. Mr. Speaker, I would like to congratulate the
gentlewoman from Connecticut for her hard work and bipartisanship in
advancing this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I have no additional speakers, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and pass the Senate bill, S. 435.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
bill was passed.
A motion to reconsider was laid on the table.

____________________

PACTOLA RESERVOIR REALLOCATION AUTHORIZATION ACT OF 2005

Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 819) to authorize the Secretary of the Interior to
reallocate costs of the Pactola Dam and Reservoir, South Dakota, to
reflect increased demands for municipal, industrial, and fish and
wildlife purposes.
The Clerk read as follows:

S. 819

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Pactola Reservoir
Reallocation Authorization Act of 2005''.

SEC. 2. FINDINGS.

Congress finds that--
(1) it is appropriate to reallocate the costs of the
Pactola Dam and Reservoir, South Dakota, to reflect increased
demands for municipal, industrial, and fish and wildlife
purposes; and
(2) section 302 of the Department of Energy Organization
Act (42 U.S.C. 7152) prohibits such a reallocation of costs
without congressional approval.

SEC. 3. REALLOCATION OF COSTS OF PACTOLA DAM AND RESERVOIR,
SOUTH DAKOTA.

The Secretary of the Interior may, as provided in the
contract of August 2001 entered into between Rapid City,
South Dakota, and the Rapid Valley Conservancy District,
reallocate, in a manner consistent with Federal reclamation
law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093),
and Acts supplemental to and amendatory of that Act (43
U.S.C. 371 et seq.)), the construction costs of Pactola Dam
and Reservoir, Rapid Valley Unit, Pick-Sloan Missouri Basin
Program, South Dakota, from irrigation purposes to municipal,
industrial, and fish and wildlife purposes.

General Leave

Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
may be given 5 legislative days in which to revise and extend their
remarks and include extraneous material on the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, Senate 819, introduced by Senator Tim Johnson of South
Dakota, reallocates the costs of the Pactola Dam and Reservoir to
reflect growing municipal needs for water. As Rapid City's municipal
water needs are growing at a rapid rate and demand for local irrigation
water decreases, this legislation appropriately reallocates the costs
associated with the changing water needs. This bill is a win for the
citizens of Rapid City and a win for the American taxpayer, and I urge
my colleagues to support this commonsense legislation.
Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I strongly support S. 819, sponsored by Senator Tim
Johnson, which is the counterpart to legislation I sponsored which
passed this body earlier this year. This bill authorizes the Secretary
of the Interior to reallocate the construction costs of Pactola Dam and
Reservoir. This important water supply project is located just 15 miles
west of Rapid City in my home State of South Dakota.
The water supply needs of the Rapid City area have changed
dramatically since the Bureau of Reclamation built Pactola Dam 50 years
ago. Rapid City is the second largest city in South Dakota, and there
is no doubt this metropolitan area will continue to enjoy strong
economic and population growth. The cost reallocation authorized in
this legislation will simply allow the Secretary of the Interior to
modernize the financial structure of the project to reflect the
changing water supply needs of this area of my State.
I want to thank Chairman Radanovich, Ranking Member Napolitano, and
committee staff for working with me to advance the House counterpart of
this legislation, and I urge my colleagues to support S. 819.
Ms. HERSETH. Mr. Speaker, I rise today in support of S. 819, the
Pactola Reservoir Reallocation Authorization Act, and its House
companion H.R. 3967. As has been noted during numerous legislative
hearings, markups, and previous Floor proceedings, this legislation is
critical to meet the changing water needs of one of South Dakota's
largest and fastest growing communities--Rapid City.
Part of this legislative process has included additional consultation
with the Bureau of Reclamation, which administers the Pactola Dam and
Reservoir, and the Ellsworth Air Force Base, one of the most important
entities to rely on the reservoir's water. Accordingly, I would like to
submit the following comments to clarify the intent of this
legislation.

[[Page 21831]]

The Pactola Dam and Reservoir is currently authorized for both
irrigation and municipal and industrial use with its costs allocated to
reflect those uses. Over time, municipal and industrial uses have
increased while irrigation uses have decreased, creating a need to
reallocate costs better reflecting current usage. When the Secretary of
the Interior needs to reallocate costs from an existing allocation
where there are multiple uses to a new allocation with multiple uses in
different amounts, Congressional approval is required under the
McGovern Amendment.
The current language in the Bill under section 3 could be read to
imply that the Pactola Dam and Reservoir is a single purpose,
irrigation only project. This interpretation is incorrect as the
Pactola Dam and Reservoir remain multipurpose projects. Both S. 819 and
H.R. 3967 simply reallocate costs from an older multi-purpose
allocation to a new multi-purpose allocation. This is consistent with
the McGovern Amendment.
Some additional clarification is also warranted with respect to the
needs of the Ellsworth Air Force Base. As already stated, this
legislation allocates additional costs to the municipal and industrial
component of the Pactola Reservoir effectively making available
additional water for municipal and industrial use. It is anticipated
that Rapid City, South Dakota will contract for much of this
allocation. Nothing in the legislation should be construed to change in
any way the Bureau of Reclamation's and Rapid City's existing
obligations to the Ellsworth Air Force Base.
The definite plan report for this project prepared by the Bureau of
Reclamation dated June 1952 makes it clear that the Air Force would
contribute its share of the capital cost of the project in advance. The
Air Force Appropriation for the year 1954 included funds to cover the
Air Force share of the project. Accordingly, the Air Force has fully
paid its capital contribution and remains entitled to its share of the
water without paying additional capital cost. Ellsworth Air Force Base
currently has an allocation of 1810 acre-feet per year of water from
the project. The Air Force is required to pay only the reasonable cost
of transporting, and if appropriate, treating the water it uses.
Nothing in this legislation is intended to affect the Bureau of
Reclamation's obligation to make that water available to Ellsworth, and
nothing is intended to suggest in any way that the Air Force Base
should pay more than the reasonable cost of treating and transporting
the water.
In entering revised contracts with Rapid City, the Bureau of
Reclamation is expected to ensure that Rapid City provides the delivery
of water to the Air Force Base at no more than the reasonable cost of
treating and transporting the water.
This legislation is not intended to limit in any way the Air Force's
ability to make an arrangement with a party other than Rapid City for
the delivery of its allocation of water from Pactola Reservoir. There
may be private parties or others who are able to build a pipeline for
water delivery at lower cost than using Rapid City's distribution
system. Making such arrangements is not inconsistent with this
legislation or the definite plan report.
Although Rapid City's increased demand for water is a key
consideration supporting this legislation, Ellsworth Air Force Base may
also be obtaining an additional allocation of water in the event that
the Air Force directs new mission to Ellsworth or reconfigures
Ellsworth's existing mission in such a way that it needs additional
water beyond the amount it has already been allotted. It is Congress'
intent that water from Pactola Reservoir is provided at no more than
the reasonable cost of treating and transporting the water without
regard to the number of missions at Ellsworth Air Force Base.
With these clarifications in mind, I urge my colleagues to support
this important legislation. I have appreciated the opportunity to
advance this legislation on the House Resources Committee and would
like to thank the Chairman and Ranking Member for their support.
Mr. Speaker, I reserve the balance of my time.
Mr. RADANOVICH. Mr. Speaker, the Pactola Dam, located near Rapid
City, South Dakota, stores water from Rapid Creek and is part of the
Pick-Sloan Missouri Basin Program. This bill authorizes reallocation of
a portion of the construction costs of the Pactola Dam and Reservoir
from irrigation purposes to municipal and industrial and fish and
wildlife purposes.
The effort to reallocate Pactola Dam costs stems from the population
growth around Rapid City, with corresponding increases in demand for
M&I water and decreases in demand for irrigation water. Pactola Dam
originally provided water storage for flood control, irrigation, and
M&I uses. A 40-year water service contract between the Bureau of
Reclamation and Rapid City for M&I water expired in 1991. Water for
Rapid City has been subsequently provided under annual contracts. A
second 40-year contract between reclamation and the Rapid Valley
Conservancy District for irrigation water expired in 2001. The district
decided not to renew this contract due to decreased irrigation demand
and sufficient alternative water sources. Since the district no longer
needs Pactola water, repayment of construction costs originally
allocated to irrigation can be reallocated to M&I uses and fish and
wildlife purposes. Under law, Congress must authorize this
reallocation.
As I close with the Resources Committee issues today, Mr. Speaker, I
want to thank Lisa Pittman, our chief counsel on the Resources
Committee, for all her hard work during the 109th Congress.
Thank you, Lisa
Mr. Speaker, I yield back the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and pass the Senate bill, S. 819.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those voting have responded in the affirmative.
Mr. RADANOVICH. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.

____________________

GENERAL LEAVE

Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
to include extraneous material on the 6 bills just considered.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.

____________________

REAUTHORIZING LAKE PONTCHARTRAIN BASIN RESTORATION PROGRAM

Mr. PETRI. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 6121) to amend the Federal Water Pollution Control Act to
reauthorize a program relating to the Lake Pontchartrain Basin, and for
other purposes.
The Clerk read as follows:

H.R. 6121

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. LAKE PONTCHARTRAIN BASIN RESTORATION
REAUTHORIZATION.

The first section 121 of the Federal Water Pollution
Control Act (33 U.S.C. 1273) (relating to Lake Pontchartrain
Basin) is amended in subsection (f) by striking ``2005'' and
inserting ``2011''.

SEC. 2. TECHNICAL CORRECTION.

The second section 121 of the Federal Water Pollution
Control Act (33 U.S.C. 1274) (relating to wet weather
watershed pilot projects) is redesignated as section 122.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Petri) and the gentleman from Oregon (Mr. Blumenauer)
each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.

General Leave

[[Page 21832]]

The Lake Pontchartrain Basin is a 5,000 square mile watershed
encompassing 16 parishes in Louisiana and four Mississippi counties.
The area comprises the largest estuary in the gulf coast region and one
of the largest estuaries in these United States.
In 2000, Congress added section 121 to the Clean Water Act to
establish a Lake Pontchartrain Basin Restoration Program within EPA.
The program authorizes the Environmental Protection Agency to help
people in Louisiana and Mississippi address pollution problems
affecting Lake Pontchartrain. Now it is time to reauthorize the Lake
Pontchartrain Basin Program.
H.R. 6121, introduced by Mr. Baker, would reauthorize the Lake
Pontchartrain Basin Restoration Program for an additional 5 years. I
would like to commend Representative Baker for his efforts to restore
the ecological health of Lake Pontchartrain, and I urge all Members to
support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BLUMENAUER. Mr. Speaker, I yield myself such time as I may
consume, and I too rise in support of H.R. 6121, the reauthorization of
the Lake Pontchartrain Basin Program. My good friend and colleague from
Wisconsin gave a clear and convincing summary of what the bill is
about, and I see no reason to actually prolong this. I agree with the
sentiment, and I strongly support it.
Mr. Speaker, I yield back the balance of my time.
Mr. PETRI. Mr. Speaker, I have no further speakers, and I yield back
the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Petri) that the House suspend the rules
and pass the bill, H.R. 6121.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the bill was
passed.
A motion to reconsider was laid on the table.

____________________

SENATOR WILLIAM V. ROTH, JR. BRIDGE

Mr. PETRI. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1140) to designate the State Route 1 Bridge in the
State of Delaware as the ``Senator William V. Roth, Jr. Bridge''.
The Clerk read as follows

S. 1140

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. DESIGNATION OF SENATOR WILLIAM V. ROTH, JR.
BRIDGE.

The State Route 1 Bridge over the Chesapeake and Delaware
Canal in the State of Delaware is designated as the ``Senator
William V. Roth, Jr. Bridge''.

SEC. 2. REFERENCES.

Any reference in a law (including regulations), map,
document, paper, or other record of the United States to the
bridge described in section 1 shall be considered to be a
reference to the Senator William V. Roth, Jr. Bridge.

General Leave

Mr. PETRI. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
This bill will designate the State Route 1 bridge in the State of
Delaware as the Senator William V. Roth, Jr. Bridge.
Senator Roth began his public service when he was elected to the
House in 1966. He served two terms in the House before being elected to
the Senate in 1970, where he served for 30 years. During that time,
Bill Roth rose to the chairmanship of the Senate Committee on
Governmental Affairs and the Senate Finance Committee. Senator Roth was
a well-known fiscal conservative who is probably best known outside his
home State of Delaware as the creator of the individual retirement
account that bears his name, the Roth IRA.
I would note that the Senate passed this bill by unanimous consent
last year, and our colleague, Representative Mike Castle, has
introduced an identical bill here in the House. Mr. Speaker, I urge my
colleagues to support S. 1140. Naming this bridge after Senator Roth is
a fitting tribute to his many years of public service.
Mr. Speaker, I reserve the balance of my time.
Mr. BLUMENAUER. Mr. Speaker, I yield myself such time as I may
consume, and I too rise in support of S. 1140.
I appreciate the clear analysis from my friend from Wisconsin. I
would have just one other element to add, and that is that I think it
is particularly fitting and appropriate for our committee to advance
this and to commemorate Senator Roth. He was keenly interested in
environmental protection in the course of his career and was one of the
most aggressive and active supporters of Amtrak, at a time when, as my
colleague and friend mentioned, Senator Roth was a fiscal conservative
to the bone.

{time} 1445

But he was very clear that investment in a national rail passenger
service, Amtrak, was good sound fiscal investment. It was good for the
environment. It was good for transportation. I am only sorry that it is
not a railroad bridge that we are naming after Senator Roth, but I am
proud to support this legislation.
Mr. CASTLE. Mr. Speaker, I rise today in strong support of S. 1140,
legislation to name the State Route 1 Bridge over the Chesapeake and
Delaware Canal in Delaware after the late Senator William V. Roth, Jr.
S. 1140 passed the Senate unanimously in June 2005, and as the
sponsor of the House companion, H.R. 2800, I am pleased to join
Senators Carper and Biden in offering my full support for S. 1140 and
to encourage its adoption by the House today.
A leader and dedicated public servant, Senator Roth served honorably
during his years in Congress and set a tremendous example for future
generations of Americans. Best known for creating the successful ``Roth
IRA,'' Senator Roth also fought hard in Congress to improve the quality
of transportation in the State of Delaware. In the early 1990s, Senator
Roth played an important role in helping to build the State Route 1
Bridge in New Castle County, Delaware.
Senator Roth was first elected to the House in 1966, serving two
terms, before being elected to the Senate, where he served for 30
years. He also won the Bronze Star for his service in the U.S. Army
during World War II. He died in 2003 at the age of 82.
Nothing in my mind would serve as a better tribute to Senator Roth's
many years of dedicated public service than to rename this bridge, a
true architectural gem in Delaware, in his honor.
I urge all my colleagues to join me in supporting S. 1140.
Mr. BLUMENAUER. I yield back the balance of my time.
Mr. PETRI. I have no further speakers, and I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Petri) that the House suspend the rules
and pass the Senate bill, S. 1140.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
bill was passed.
A motion to reconsider was laid on the table.

____________________

ANIMAL ENTERPRISE TERRORISM ACT

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the Senate bill (S. 3880) to provide the Department of Justice the
necessary authority to apprehend, prosecute, and convict individuals
committing animal enterprise terror.
The Clerk read as follows:

S. 3880

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

[[Page 21833]]

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Animal Enterprise Terrorism
Act''.

SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES
AND THREATS OF DEATH AND SERIOUS BODILY INJURY
TO ASSOCIATED PERSONS.

(a) In General.--Section 43 of title 18, United States
Code, is amended to read as follows:

``Sec. 43. Force, violence, and threats involving animal
enterprises

``(a) Offense.--Whoever travels in interstate or foreign
commerce, or uses or causes to be used the mail or any
facility of interstate or foreign commerce--
``(1) for the purpose of damaging or interfering with the
operations of an animal enterprise; and
``(2) in connection with such purpose--
``(A) intentionally damages or causes the loss of any real
or personal property (including animals or records) used by
an animal enterprise, or any real or personal property of a
person or entity having a connection to, relationship with,
or transactions with an animal enterprise;
``(B) intentionally places a person in reasonable fear of
the death of, or serious bodily injury to that person, a
member of the immediate family (as defined in section 115) of
that person, or a spouse or intimate partner of that person
by a course of conduct involving threats, acts of vandalism,
property damage, criminal trespass, harassment, or
intimidation; or
``(C) conspires or attempts to do so;
shall be punished as provided for in subsection (b).
``(b) Penalties.--The punishment for a violation of section
(a) or an attempt or conspiracy to violate subsection (a)
shall be--
``(1) a fine under this title or imprisonment not more than
1 year, or both, if the offense does not instill in another
the reasonable fear of serious bodily injury or death and--
``(A) the offense results in no economic damage or bodily
injury; or
``(B) the offense results in economic damage that does not
exceed $10,000;
``(2) a fine under this title or imprisonment for not more
than 5 years, or both, if no bodily injury occurs and--
``(A) the offense results in economic damage exceeding
$10,000 but not exceeding $100,000; or
``(B) the offense instills in another the reasonable fear
of serious bodily injury or death;
``(3) a fine under this title or imprisonment for not more
than 10 years, or both, if--
``(A) the offense results in economic damage exceeding
$100,000; or
``(B) the offense results in substantial bodily injury to
another individual;
``(4) a fine under this title or imprisonment for not more
than 20 years, or both, if--
``(A) the offense results in serious bodily injury to
another individual; or
``(B) the offense results in economic damage exceeding
$1,000,000; and
``(5) imprisonment for life or for any terms of years, a
fine under this title, or both, if the offense results in
death of another individual.
``(c) Restitution.--An order of restitution under section
3663 or 3663A of this title with respect to a violation of
this section may also include restitution--
``(1) for the reasonable cost of repeating any
experimentation that was interrupted or invalidated as a
result of the offense;
``(2) for the loss of food production or farm income
reasonably attributable to the offense; and
``(3) for any other economic damage, including any losses
or costs caused by economic disruption, resulting from the
offense.
``(d) Definitions.--As used in this section--
``(1) the term `animal enterprise' means--
``(A) a commercial or academic enterprise that uses or
sells animals or animal products for profit, food or fiber
production, agriculture, education, research, or testing;
``(B) a zoo, aquarium, animal shelter, pet store, breeder,
furrier, circus, or rodeo, or other lawful competitive animal
event; or
``(C) any fair or similar event intended to advance
agricultural arts and sciences;
``(2) the term `course of conduct' means a pattern of
conduct composed of 2 or more acts, evidencing a continuity
of purpose;
``(3) the term `economic damage'--
``(A) means the replacement costs of lost or damaged
property or records, the costs of repeating an interrupted or
invalidated experiment, the loss of profits, or increased
costs, including losses and increased costs resulting from
threats, acts or vandalism, property damage, trespass,
harassment, or intimidation taken against a person or entity
on account of that person's or entity's connection to,
relationship with, or transactions with the animal
enterprise; but
``(B) does not include any lawful economic disruption
(including a lawful boycott) that results from lawful public,
governmental, or business reaction to the disclosure of
information about an animal enterprise;
``(4) the term `serious bodily injury' means--
``(A) injury posing a substantial risk of death;
``(B) extreme physical pain;
``(C) protracted and obvious disfigurement; or
``(D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty; and
``(5) the term `substantial bodily injury' means--
``(A) deep cuts and serious burns or abrasions;
``(B) short-term or nonobvious disfigurement;
``(C) fractured or dislocated bones, or torn members of the
body;
``(D) significant physical pain;
``(E) illness;
``(F) short-term loss or impairment of the function of a
bodily member, organ, or mental faculty; or
``(G) any other significant injury to the body.
``(e) Rules of Construction.--Nothing in this section shall
be construed--
``(1) to prohibit any expressive conduct (including
peaceful picketing or other peaceful demonstration) protected
from legal prohibition by the First Amendment to the
Constitution;
``(2) to create new remedies for interference with
activities protected by the free speech or free exercise
clauses of the First Amendment to the Constitution,
regardless of the point of view expressed, or to limit any
existing legal remedies for such interference; or
``(3) to provide exclusive criminal penalties or civil
remedies with respect to the conduct prohibited by this
action, or to preempt State or local laws that may provide
such penalties or remedies.''.
(b) Clerical Amendment.--The item relating to section 43 in
the table of sections at the beginning of chapter 3 of title
18, United States Code, is amended to read as follows:

``43. Force, violence, and threats involving animal
enterprises.''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr.
Scott) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin.

General Leave

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on S. 3880 currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 3880, the Animal Enterprise
Terrorism Act.
In recent years, some animal rights activist groups have employed
violence and intimidation against enterprises that use or sell animals
or animal products for food, agriculture, research testing or
entertainment uses. In 1992, the Animal Enterprise Protection Act was
enacted to provide additional authority to prosecute extremists whose
attacks create damages or research losses of at least $10,000.
However, the last several years have seen an increase in the number
and the severity of criminal acts and intimidation against those
engaged in animal enterprises. These groups have attacked not only
employees of companies conducting research, but also those with any
remote link to such research or activities. This has included employees
of banks, underwriters, insurance companies, investors, university
research facilities, and even the New York Stock Exchange.
Victims have experienced threatening letters, e-mails and phone
calls, repeated organized protests at their homes and the blanketing of
their neighborhoods with defamatory literature. Some of the more
violent acts by these groups include arson, pouring acid on cars,
mailing razor blades, and defacing victims' homes.
Many of the actions that the groups have engaged in are not addressed
by the current animal enterprise terrorism statute, 18 United States
Code 43. This legislation would expand the reach of Federal criminal
law to specifically address the use of force, violence or threats
against not only animal enterprise organizations, but also those who do
business with them. S. 3880 would make it a Federal crime to
intentionally damage the property of a person or entity having a
connection to, relationship with, or transactions with an animal
enterprise. The bill

[[Page 21834]]

would also make it a criminal act to intentionally place a person or
family member in reasonable fear of death or serious bodily injury
because of their relationship with an animal enterprise.
Additionally, the legislation expands the definition of economic
damage to include loss of property, the costs incurred because of a
lost experiment or lost profits. It also includes a definition of the
term ``economic disruption'' to mean losses or increased costs
resulting from threats, acts of violence, property damage, trespass,
harassment, or intimidation against a person or entity because of their
relationship with an animal enterprise. This does not include a lawful
boycott.
Finally, an amendment to S. 3880 incorporated during floor
consideration in the other body addresses concerns that were raised
about the bill's potential impact on lawful protests. S. 3880 clarifies
that nothing in this bill shall be construed to prohibit any expressive
conduct protected by the first amendment, nor shall it criminalize
nonviolent activities designed to change public policy or private
conduct.
Before closing, I would like to recognize the efforts of my colleague
from Wisconsin, Mr. Petri, who introduced a similar measure in this
body and has helped raise awareness of this important issue. I believe
this bill can help protect law-abiding citizens who are engaged in
lawful activities such as research, farming sales, or manufacturing
that involves animals or animal products.
I urge my colleagues to support S. 3880, so we may send this
important legislation to the President for his signature.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, S. 3880 is a companion bill to H.R. 4239, the Animal
Enterprise Terrorism Act. It reflects a compromise bill arrived at
after considerable effort of a bipartisan group involving both House
and Senate Judiciary Committee staff over several months.
From hearings in the House and from other reports, we have learned
that current Federal law designed to protect animal enterprises have
been proven to be reasonably effective in protecting animal
enterprises. However, serious gaps and loopholes have been identified
in current law with respect to protecting employees and associates of
animal enterprises. Present law protects employees of an animal
enterprise, but we have found that employees, board members and family
members of businesses and nonprofits affiliated with or doing business
with such enterprises are complaining that they are now being stalked,
harassed, intimidated or threatened, with some individuals even being
physically assaulted, and had their homes, businesses or cars
vandalized. Since the Animal Enterprise Terrorism law was enacted in
1992, there have been some 1,100 complaints of such incidents, with
property losses reported of being more than $120 million. Those
complaining include farmers, scientists, biomedical and biotechnology
industries, research universities, teaching hospitals, financial
institutions, magazines, newspapers and other advertising groups and
others who are viewed as assisting or enabling targeted animal
enterprises.
The evidence is that in many instances extremist elements among the
animal rights groups are taking advantage of the fact that the animal
enterprise laws do not cover affiliates and associates by using
threats, harassment, intimidation and fear and other extreme tactics to
pressure them into severing their activities with such enterprises.
S. 3880 is designed to cover these gaps or loopholes by providing to
employees, businesses and associates of animal enterprises similar
protections to those already covered. In other words, the bill prevents
a person from doing indirectly to an animal enterprise what they are
prohibited to do directly.
Now, citizens engaging in legitimate animal enterprise activities and
anyone associated with them are entitled to be protected from criminal
acts and to be able to go about their daily activities free from
threats to their person or property and that of their family and
associates. State laws are generally good at providing those
protections. However, the interstate nature of the planning and
execution of the criminal harassment tactics used by some individuals
or groups skilled at exploiting gaps or weaknesses in the laws have
made it difficult for States to get at problems effectively. That is
why this bill is deemed necessary.
While we must protect those engaged in animal enterprises, we must
also protect the right of those engaged in first amendment freedoms of
expression regarding such enterprises. It goes without saying that
first amendment freedoms of expression cannot be defeated by statute.
However, to reassure anyone concerned with the intent of this
legislation, we have added in the bill assurances that it is not
intended as a restraint on freedoms of expression such as lawful
boycotting, picketing or otherwise engaging in lawful advocacy for
animals.
In addition, we also wanted to recognize that there are some who
conscientiously believe that it is their duty to peacefully protest the
operation of animal enterprises to the extent of engaging in civil
disobedience. If a group's intention were to stage a sit-in or lie-down
or to block traffic to a targeted facility, they certainly run the risk
of arrest for whatever traffic, trespass or other laws they may be
breaking. But they should not be held more accountable for business
losses due to causes such as delivery trucks being delayed any more
than a boycott or protest against any other business.
To violate the provision of the bill, one must travel or otherwise
engage in interstate activity with the intent to cause damage or loss
to an animal enterprise. While the losses of profits, lab experiments
or other intangible losses are included, it must be proved that such
losses were specifically intended for the law to be applied. If there
is no damage or economic loss, or damage or loss is less than $10,000,
the offense is a misdemeanor, not a felony.
This bill does not satisfy everyone, but it does represent a
reasonable compromise in protecting employees and associates of animal
enterprises while avoiding violation of first amendment freedoms.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 6 minutes to my colleague
from Wisconsin (Mr. Petri).
Mr. PETRI. Mr. Speaker, I would like to express my support for the
bill before us, the Animal Enterprise Terrorism Act, which is the
Senate version of legislation I introduced earlier this Congress. The
bipartisan legislation that passed the Senate by unanimous consent
amends the existing animal enterprise terrorism statute which has been
law since 1992. It extends existing protections for animal enterprises
to individuals, businesses and agencies including farmers, scientists,
biomedical and biotechnical industries, research universities, teaching
hospitals, financial institutions and others who have associations with
animal enterprise.
This legislation is in response to rising incidents of violence and
threats against these entities as a way to adversely impact animal
enterprises without directly violating the existing Animal Enterprise
Terrorism Act. The bill before us clarifies that it is a crime to
damage or interfere with animal enterprise and expands parameters in
existing law to cover threats, harassment and other illegal activities
against those who are connected with such enterprises, not just the
enterprises themselves. The law increases criminal penalties based on
the level of violence or property loss, while specifically exempting
from its coverage all first amendment protected activities.
Between January of 1990 and June of 2004, extremist movements such as
the Animal Liberation Front, Stop Huntington Animal Cruelty, and the
Environmental Liberation Front committed more than 1,100 acts of
terrorism, causing more than $120 million in damage. Animal rights
extremists advance their cause through direct action, which includes
death threats, vandalism, animal releases and bombings. Their actions
are calculated to

[[Page 21835]]

aggressively intimidate and harass those identified as targets.
The FBI considers these extremist groups among its most serious
domestic threats. Current Federal law including the Animal Enterprise
Protection act is inadequate to address the threats and violence
committed by animal rights extremists.
In my own State of Wisconsin, mink farmers and biomedical researchers
have experienced their own share of intimidation, harassment and
vandalism at the hands of animal rights extremists. Farmers have had
their properties raided, causing thousands of dollars of damage.
Scientists around the State have received, in the mail or at their
home, razor blades with letters stating that they were laced with the
AIDS virus. Personal information such as home addresses, phone numbers,
and photographs of researchers have been posted on extremist Web sites.
Many of these same scientists report death threats and home visits by
animal rights extremists who, through their terrorism, have a goal of
driving the scientists out of their research, research which has and
will continue to improve human health and quality of life.

{time} 1500

The House Judiciary Subcommittee on Crime, Terrorism, and Homeland
Security held a hearing on the act in May of this year. At the hearing,
a primate researcher from the University of Wisconsin, Madison,
testified about the harassment and intimidation which she has
experienced.
She has even considered leaving the Parkinson's research field and
fears others may do so in the current environment. This statement has
proven to be true. Just this past August, a researcher at UCLA halted
his primate research because of the repeated harassments by animal
rights extremists. The bill will provide Federal authorities with the
necessary tools to help prevent and better investigate and prosecute
ecoterror cases.
This legislation is widely supported by those in agriculture,
biomedical and biotechnology industries, as well as many research
universities, teaching hospitals and other research institutes.
Enactment of this legislation will enhance the ability of law
enforcement and the Justice Department to protect law-abiding American
citizens from violence and the threat of violence posed by animal
rights extremists.
I would like to take this opportunity to thank my colleague, Chairman
Sensenbrenner, Subcommittee Chairman Coble, Ranking Member Conyers,
Subcommittee Ranking Member Robert Scott, Senator Inhofe and Senator
Feinstein for their support in moving this bill forward.
Mr. Speaker, I also have a letter from Advance Publications that
details some of the violent and threatening acts made against editors
of their magazines, such as Vogue, because of the fashion industry's
use of fur or animal products that would be covered under this
legislation.

Advance Publications, Inc.,

Staten Island, NY, November 13, 2006.
Re Animal Enterprise Terrorism Act S. 3880

Hon. Thomas E. Petri,
Rayburn House Office Building,
Washington, DC.
Dear Congressman Petri: I write to support the passage of
the Animal Enterprise Terrorism Act, S. 3880. Advance
Publications is engaged throughout the United States in the
publication of newspapers, business journals, and consumer
magazines and websites on a variety of topics. Advance
Publications is also affiliated with Bright House Networks,
an operator of cable television systems in numerous states.
For your information, a representative listing of Advance's
publications and of the locations of Bright House Networks'
cable systems is attached.
Our interest in this bill arises from the unfortunate fact
that at least one of our publications, Vogue magazine, and
its editor, Anna Wintour, have been repeatedly targeted by
animal activists who disagree with Vogue magazine's decision
to publish editorial content about, and carry advertising
for, fur and other animal products, and its support for
fashion designers who may use fur. These opponents are, of
course, entitled to express their views, but their opposition
often takes the form of physical attacks on Ms. Wintour and
her home, threats and efforts to harm her, stalking her on
the streets and at industry events, and even at a memorial
service for her deceased father, and at least one actual
physical invasion of Vogue's offices (which put numerous
persons in fear, behind locked doors), as well as other
attempts to do so.
While fortunately Ms. Wintour has not yet sustained any
serious lasting injuries, she has suffered physical pain from
those attacks (for example, from a ``flour bomb'' thrown in
her eyes, the effects of which hurt and hampered her for
days) and has often with good cause been concerned for her
safety and the safety of her family. Indeed, when Ms. Wintour
is appearing in public as part of her job (for example, at
fashion shows or fashion industry events), we now feel we
must provide guards, sometimes armed, to protect her. On a
number of occasions we are convinced, had it not been for the
presence of these unusual safeguards, Ms. Wintour could have
been injured by the efforts to make physical attacks on her.
We are of course concerned that these extreme activists will
step up the severity of their attacks because their efforts
have so far been unsuccessful at silencing Vogue.
We understand that among the arguments made in opposition
to the AETA are alleged concerns that it may infringe on
First Amendment rights. Our business is wholly dependent upon
respect for First Amendment rights, and we are second to none
in our defense of such rights. We have closely examined the
AETA with this in mind, and we do not agree that the AETA,
especially with the ``rules of construction'' that were added
to it, in any way would inhibit or punish free speech or
other First Amendment rights.
If anything, the opposite is the case. The real chilling
effect on First Amendment rights comes about when editors and
others are put in fear of physical, violent attack because of
what they publish or say. It is the violent animal activists
who diminish free speech and free press by threatening and
attacking editors, publications, and telecasters.
We strongly believe that enactment of S. 3880 will serve to
deter many persons from engaging in these and worse violent
and threatening acts in the future. In addition, the new law
will give prosecutors a powerful new tool to go after those
who continue to commit these acts.
Please let me know if we can provide any further
information that would be helpful to you.
Very truly yours,
S.I. Newhouse, Jr.,
Chairman.
____

ADVANCE PUBLICATIONS INC.--Representative Newspapers and Magazines
(published by subsidiaries and affiliates)

I. Daily Newspapers

Alabama: The Birmingham News, The Huntsville Times, Mobile
Register.
Louisiana: The Times-Picayune. (New Orleans).
Massachusetts: The Union News/Sunday Republican
(Springfield).
Michigan: The Ann Arbor News, The Bay City Times, The Flint
Journal, The Grand Rapids Press, Jackson Citizen Patriot,
Kalamazoo Gazette, The Muskegon Chronicle, The Saginaw News.
Mississippi: Mississippi Press (Pascagoula).
New Jersey: Bridgeton News, The Jersey Journal (Jersey
City), The Star Ledger (Newark), Today's Sunbeam (Salem), The
Times of Trenton, Gloucester County Times, (Woodbury).
New York: Staten Island Advance, The Post-Standard
(Syracuse).
Ohio: Plain Dealer (Cleveland).
Oregon: The Oregonian (Portland).
Pennsylvania: The Express-Times (Easton), The Patroit-News
(Harrisburg).

II. Consumer Magazines

The Conde Nast Publications: Allure, Architectural Digest,
Bon Appetit, Bride's, Conde Nast Traveler, Details, Domino,
Elegant Bride, Glamour, Golf Digest, Golf for Women, Gourmet,
GQ, House & Garden, Jane, Lucky, Modern Bride, Self, Teen
Vogue, The New Yorker, Vanity Fair, Vogue, W, Wired.
Parade Publications: Parade.

III. Cable Systems

Bright House Networks: Bakersfield, CA; Birmingham, AL;
Central Florida; Detroit Suburbs, MI; Indianapolis, IN; Tampa
Bay, FL.

IV. Business Journals

American City Business Journals Inc. Group:
Alabama: Birmingham Business Journal.
Arizona: The Business Journal Phoenix.
California: East Bay Business Times (Oakland), Sacramento
Business Journal, San Francisco Business Times, Silicon
Valley/San Jose Business Journal.
Colorado: Denver Business Journal.
District of Columbia: Washington Business Journal.
Florida: The Business Journal Serving Jacksonville and
Northeast Florida, South Florida Business Journal (Miami),
Orlando Business Journal, The Business Journal Tampa Bay.
Georgia: Atlanta Business Chronicle.
Hawaii: Pacific Business News (Honolulu).
Kansas: The Business Journal Serving Metropolitan Kansas
City, Wichita Business Journal.

[[Page 21836]]

Kentucky: Business First: Greater Louisville's Definitive
Source of Local Business.
Massachusetts: Boston Business Journal.
Maryland: Baltimore Business Journal.
Minnesota: City Business: The Business Journal
(Minneapolis/St. Paul).
Missouri: St. Louis Business Journal.
New Mexico: New Mexico Business Weekly (Albuquerque).
New York: The Business Review Serving New York's Capital
Region (Albany), Business First: Western New York's Business
Newspaper (Buffalo).
North Carolina: The Business Journal Serving Charlotte and
the Metropolitan Area, The Business Journal Serving the
Greater Triad Area (Greensboro Winston-Salem), The Business
Journal Serving The Triangle's Business Communities
(Raleigh).
Ohio: Business Courier Serving the Cincinnati-Northern
Kentucky Region, Columbus Business First (Columbia), Dayton
Business Journal.
Oregon: Business Journal Portland.
Pennsylvania: Philadelphia Business Journal, Pittsburgh
Business Times.
Tennessee: Memphis Business Journal, Nashville Business
Journal.
Texas: Austin Business Journal, Dallas Business Journal,
Houston Business Journal, San Antonio Business Journal.
Washington: Puget Sound Business Journal (Seattle).
Wisconsin: The Business Journal Serving Milwaukee.

Mr. SCOTT of Virginia. Mr. Speaker, I yield 4 minutes to the
gentleman from Ohio (Mr. Kucinich).
Mr. KUCINICH. Would the distinguished gentleman from Wisconsin yield
for a question?
Mr. SENSENBRENNER. Certainly.
Mr. KUCINICH. Mr. Sensenbrenner, as I am reading through this act and
looking at the types of injuries that would occur to people, it occurs
to me that there are existing Federal statutes which come into play
with respect to inflicting bodily harm on individuals. Why are we
creating a specific classification here?
Mr. SENSENBRENNER. Would the gentleman yield?
Mr. KUCINICH. Please.
Mr. SENSENBRENNER. The reason the bill is before us is that the
current statute is drafted too narrowly and does not deal with threats
by animal rights extremists in inflicting bodily harm, for example,
against the publisher of Vogue magazine, because they put ads in
depicting people wearing furs.
Mr. KUCINICH. Well, reclaiming my time, I certainly stand with every
Member of this House in defense of the rights of individuals to be free
of bodily harm or injury under all and any circumstances. I think it
would be a little bit easier for some of us to support this
legislation.
Mr. SENSENBRENNER. Well, will the gentleman yield?
Mr. KUCINICH. I certainly will yield.
Mr. SENSENBRENNER. The reason the bill is before us is that the
current statute does not extend the reach of the Federal criminal law
to those who do business with animal enterprise organizations, and the
bill will make it a specific crime to intentionally damage the property
of a person or entity having the connection to or relationship with or
transactions with an animal enterprise. That is not in the current law
now.
Mr. KUCINICH. Reclaiming my time, and I thank the gentleman for
pointing that out. However, I must say that the reach of the Federal
law includes any place which does Federal research, and all these
universities are involved in research projects as universities who are
supporting this bill.
I cannot see why we need to have a specific law with this regard. I
mean, just as we need to protect peoples' right to conduct their work
without fear of assault, so too this Congress has yet to address some
fundamental ethical principles with respect to animals. How should
animals be treated humanely? This is a debate that hasn't come here.
There are some specific principles with respect to humane treatment
of animals. My concern about this bill is that it could have a chilling
effect on people who, the law says, well, their first amendment rights
are protected. But the law also is written in such a way as to have a
chilling effect on the exercise of the constitutional rights of
protest, and so for that reason, I can't support this. I think that it
would be important for this Congress to look at the claims of people
who are sincere advocates of animal rights.
I am not talking about people who would threaten anyone with death
because they don't agree with them, but there are individuals who love
animals, who don't want to see animals hurt, who have a point and a
right to speak out. I think for that reason, this bill has not yet
reached its maturity.
I think I understand what the sponsors of this bill are trying to do,
but I don't think that the end that it is going to, you are hoping to
achieve, that you are going to reach, because unless this Congress
makes a clear statement about ethical principles with respect to
animals, and how we treat animals, how are animals treated in research,
these are really serious questions that millions and millions of
Americans care about.
So I understand the intent here. But I just think that you have got
to be very careful about painting everyone with the broad brush of
terrorism who might have a legitimate objection to a type of research
or treatment of animals that is not humane. So, again, I wanted to
express this note of caution about this legislation, but
notwithstanding that there are specific statements about protection of
the first amendment. This bill is written in such a way as to have a
chilling effect on the exercise of peoples' first amendment rights.
Mr. SENSENBRENNER. Mr. Speaker, how much time do I have left?
The SPEAKER pro tempore. The gentleman from Wisconsin has 11 minutes.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I am afraid that my distinguished colleague from Ohio
hasn't read the bill, so I will read it for him. At the end of page 7
in the Senate-passed bill, there is a subsection (e) called ``rules of
construction,'' which says, in part: nothing in this section shall be
construed, one, to prohibit any expressive conduct, including peaceful
picketing or other peaceful demonstration, protected from legal
prohibition by the first amendment to the Constitution.
Two, to create new remedies for interference with activities
protected by the free speech or free exercise clause of the first
amendment to the Constitution regardless of the point of view expressed
or to limit any existing legal remedies for such interference.
That means that if somebody wishes to peacefully protest research on
animals, they can do so, as the statute, with the amendment that was
adopted on the floor in the other body, specifically prohibits a
prosecution for that.
Now, let's look at what the people this bill has been designed to go
after have been saying:
``I don't think you would have to kill too many researchers. I think
that for 5 lives, 10 lives, 15 human lives, we could save 1 million, 2
million or 10 million nonhuman lives.'' Animal Liberation Press Officer
Jerry Vlasak at the 2003 National Animal Rights Conference in Los
Angeles.
Second: ``Arson property destruction, burglary and theft are
`acceptable crimes' when used for the animal cause.'' That quote was
from Alex Pacheco, who is the director of PETA.
Third: ``I wish we all would get up and go into the labs and take the
animals out or burn them down.'' That is Ingrid Newkirk, president of
PETA at the National Animal Rights Convention `97, June 27, 1997.
``Get arrested. Destroy the property of those who torture animals.
Liberate those animals interned in the hellholes our society
tolerates.'' That is Jerry Vlasak of the Animal Defense League again on
an Internet post of June 21, 1996.
``We have found that civil disobedience and direct action has been
powerful in generating massive attention in our communities . . . and
has been very effective in traumatizing our targets.'' J.P. Goodwin,
Committee to Abolish the Fur Trade at the National Animal Rights
Convention in Los Angeles June 27, 1997.
Or: ``In a war you have to take up arms, and people will get killed,
and I can support that kind of action by petrol bombing and bombs under
cars, and probably at a later stage, the shooting of vivisectors on
their doorsteps. It is a

[[Page 21837]]

war, and there is no other way you can stop vivisectors.'' Tim Daley,
British Animal Liberation Front leader.
Finally, another one from Jerry Vlasak: ``If they won't stop when you
ask them nicely, they don't stop when you demonstrate to them what they
are doing is wrong, then they should be stopped using whatever means
are necessary.''
This bill is designed to criminalize whatever means are necessary
outside the Constitution.
Mr. KUCINICH. Would the gentleman yield?
Mr. SENSENBRENNER. I am happy to yield.
Mr. KUCINICH. I thank the gentleman. To calm the gentleman's
concerns, I have read the bill, and I underlined the sections that I
expressed concern about. I am concerned about, as you are, anyone who
wants to commit violence against anyone. Remember, I am the author of
the bill to create a Department of Peace and Nonviolence. I share your
concern about violence. I am suggesting that carving out a special
section of law here has a chilling effect.
Mr. SENSENBRENNER. Reclaiming my time, again, I will reread page 7,
lines 10 through 21 of the bill that was passed by the other body that
says nothing in this section shall be construed to prohibit any
expressive conduct, including peaceful picketing or other peaceful
demonstration protected from legal prohibition by the first amendment
to the Constitution.
Two, to create new remedies for interference with activities
protected by the free speech or free exercise clause of the first
amendment to the Constitution, regardless of the point of view
expressed or to limit any existing legal remedies for such
interference, unquote.
Now, what this section says is that nothing in the bill, absolutely
nothing in the bill shall be construed to restrict what I have just
read. This bill should pass. We should reject the red herrings that we
are hearing from the gentleman from Ohio and other opponents.
Mr. Speaker, I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 3 minutes to the
gentleman from Ohio (Mr. Kucinich).
Mr. KUCINICH. Again, I applaud the gentleman from Wisconsin for his
commitment to protecting people from harm. I would like to read the
next paragraph that he didn't get to, because it raises a question
about why this bill is necessary: nothing in this section shall be
construed, number 3, to provide exclusive criminal penalties or civil
remedies with respect to the conduct prohibited by this action.
So what is this all about? This bill, in effect, does provide
exclusive criminal penalties for a certain type of conduct, and yet the
drafting of this bill makes section 3, under rules of construction,
totally contradictory. This says there aren't any exclusive penalties,
but the whole of the bill maintains and establishes exclusive
penalties. So this is why bringing up a bill like this under
suspension, no matter how well intentioned it may be, is problematic.
This bill has an inherent flaw that I am pointing out. In addition,
when that flaw is held up against the constitutional mandate to protect
freedom of speech, what we have done here is we have crippled free
expression.
I am not and never have been in favor of anyone using a cloak of free
speech to commit violence. The Supreme Court Justice said, your right
to swing your fist ends at the tip of my nose. No one has the right to
yell ``fire'' in a crowded theater. We have heard those kinds of
admonitions.
On the other hand, the chairman's recitation of the statements of
animal rights activists, statements that I, myself, would disagree
with, those statements, in and of themselves, are constitutionally
protected speech.

{time} 1515

Yet under this bill they suddenly find themselves shifting into an
area of doubt, which goes back to my initial claim that this bill was
written to have a chilling effect upon a specific type of protest.
Again, I am not for anyone abusing their rights by damaging another
person's property or person, but I am for protecting the first
amendment and not creating a special class of violations for a specific
type of protest.
Mr. SCOTT of Virginia. Mr. Speaker, I yield back the balance of my
time.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my
time.
I would just like to sum up that on October 30 the American Civil
Liberties Union sent a letter to the gentleman from Michigan (Mr.
Conyers), my ranking member, and myself, not opposing this legislation.
They did ask for minor changes, but they did not express one concern
about constitutionally protected first amendment rights being infringed
upon or jeopardized in any way by this bill.
Now, if there ever was an organization that really goes all the way
on one side in interpreting the first amendment as liberally as it can,
it is the American Civil Liberties Union. My friend from Ohio, whom I
have a great respect for, is even outside the definition of the first
amendment that the ACLU has eloquently advanced in the halls of this
Capitol for decades and will do so for decades to come.
This is a good bill. I think that all of the fears that the gentleman
from Ohio has placed on the record are ill-founded by practically
everybody who has looked through this bill, including the ACLU. All I
need to do is go back to the quotes that I cited a couple of minutes
ago to show why this bill is vitally necessary.
I urge a ``yes'' vote on the bill.
Mr. ISRAEL. Mr. Speaker, I rise today to express my concerns with S.
3880, The Animal Enterprise Terrorism Act.
I believe that individuals and groups cannot resort to intimidation,
vandalism or violence in the advancement of a cause. Protests must be
lawful and disagreements respected. But, this bill, as drafted, could
criminalize lawful and constitutionally protected activists.
This bill criminalizes conduct that ``intentionally damages or causes
the loss of any real or personal property,'' however, the bill fails to
define what ``real or personal property'' means. As a result,
legitimate advocacy--such as a boycott, protest, or mail campaign--that
causes an animal enterprise to merely lose profits could be
criminalized under S. 3880.
It also fails to adequately define the term ``animal enterprise.''
Nothing in the current definition requires that an enterprise be
lawful. Therefore, investigations into unlawful animal enterprises,
such as animal fighting organizations or illegal puppy mills, could be
deterred as employees, citizens, and legitimate animal activists may be
afraid to cooperate or provide information to law enforcement agencies
for fear of prosecution under the terms of this bill.
I am a strong supporter of research, but I also believe that animal
rights need to be vigilantly enforced. In order to achieve that goal, I
have been working with the Humane Society on amendments to the Animal
Rights Act, which is the law that governs the humane care, handling,
treatment and transportation of animals in laboratories and dealers who
sell animals to laboratories and animal exhibitors. My bill would
provide two keys changes to this law. First, it doubles the fine for
violations (from $5,000 to $10,000) and increases the number of annual
inspections at laboratories.
I will be introducing this measure when the House comes back for the
110th Congress, and I hope that all of my colleagues will join me in
providing these additional animal protections.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the
rules and pass the Senate bill, S. 3880.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
bill was passed.
A motion to reconsider was laid on the table.

____________________

EXTENDING PERMANENT NORMAL TRADE RELATIONS TO VIETNAM

Mr. THOMAS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5602) to authorize the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products of
Vietnam, as amended.
The Clerk read as follows:

[[Page 21838]]

H.R. 5602

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress finds the following:
(1) In July 1995, President Bill Clinton announced the
formal normalization of diplomatic relations between the
United States and Vietnam.
(2) Vietnam has taken cooperative steps with the United
States under the United States Joint POW/MIA Accounting
Command (formerly the Joint Task Force-Full Accounting)
established in 1992 by President George H.W. Bush to provide
the fullest possible accounting of MIA and POW cases.
(3) In 2000, the United States and Vietnam concluded a
bilateral trade agreement that included commitments on goods,
services, intellectual property rights, and investment. The
agreement was approved by joint resolution enacted pursuant
to section 405(c) of the Trade Act of 1974 (19 U.S.C.
2435(c)), and entered into force in December 2001.
(4) Since 2001, normal trade relations treatment has
consistently been extended to Vietnam pursuant to title IV of
the Trade Act of 1974.
(5) Vietnam has undertaken significant market-based
economic reforms, including the reduction of government
subsidies, tariffs and nontariff barriers, and extensive
legal reform. These measures have dramatically improved
Vietnam's business and investment climate.
(6) Vietnam is in the process of acceding to the World
Trade Organization. On May 31, 2006, the United States and
Vietnam signed a comprehensive bilateral agreement providing
greater market access for goods and services and other trade
liberalizing commitments as part of the World Trade
Organization accession process.

SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE
ACT OF 1974 TO VIETNAM.

(a) Presidential Determinations and Extension of Non-
Discriminatory Treatment.--Notwithstanding any provision of
title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.),
the President may--
(1) determine that such title should no longer apply to
Vietnam; and
(2) after making a determination under paragraph (1) with
respect to Vietnam, proclaim the extension of
nondiscriminatory treatment (normal trade relations
treatment) to the products of that country.
(b) Termination of the Applicability of Title IV.--On and
after the effective date of the extension of
nondiscriminatory treatment to the products of Vietnam under
subsection (a), title IV of the Trade Act of 1974 shall cease
to apply to that country.

SEC. 3. PROCEDURE FOR DETERMINING PROHIBITED SUBSIDIES BY
VIETNAM.

(a) Authority of Trade Representative.--The Trade
Representative may conduct proceedings under this section to
determine whether the Government of Vietnam is providing, on
or after the date on which Vietnam accedes to the World Trade
Organization, a prohibited subsidy to its textile or apparel
industry, if such proceedings are begun, and consultations
under section 4(a) are initiated, during the 1-year period
beginning on the date on which Vietnam accedes to the World
Trade Organization.
(b) Petitions.--
(1) Filing.--Any interested person may file a petition with
the Trade Representative requesting that the Trade
Representative make a determination under subsection (a). The
petition shall set forth the allegations in support of the
request.
(2) Review by trade representative.-- The Trade
Representative shall review the allegations in any petition
filed under paragraph (1) and, not later than 20 days after
the date on which the Trade Representative receives the
petition, shall determine whether to initiate proceedings to
make a determination under subsection (a).
(3) Procedures.--
(A) Determination to initiate proceedings.--If the Trade
Representative makes an affirmative determination under
paragraph (2) with respect to a petition, the Trade
Representative shall publish a summary of the petition in the
Federal Register and notice of the initiation of proceedings
under this section.
(B) Determination not to initiate proceedings.--If the
Trade Representative determines not to initiate proceedings
with respect to a petition, the Trade Representative shall
inform the petitioner of the reasons therefor and shall
publish notice of the determination, together with a summary
of those reasons, in the Federal Register.
(c) Initiation of Proceedings by Other Means.--If the Trade
Representative determines, in the absence of a petition, that
proceedings should be initiated under this section, the Trade
Representative shall publish in the Federal Register that
determination, together with the reasons therefor, and notice
of the initiation of proceedings under this section.

SEC. 4. CONSULTATIONS UPON INITIATION OF INVESTIGATION.

If the Trade Representative initiates a proceeding under
subsection (b)(3)(A) or (c) of section 3, the Trade
Representative, on behalf of the United States, shall, on the
day on which notice thereof is published under the applicable
subsection, so notify the Government of Vietnam and request
consultations with that government regarding the subsidy.

SEC. 5. PUBLIC PARTICIPATION AND CONSULTATION.

(a) Public Participation.--In the notice published under
subsection (b)(3)(A) or (c) of section 3, the Trade
Representative shall provide an opportunity to the public for
the presentation of views concerning the issues--
(1) within the 30-day period beginning on the date of the
notice (or on a date after such period if agreed to by the
petitioner), or
(2) at such other time if a timely request therefor is made
by the petitioner or by any interested person,
with a public hearing if requested by an interested person.
(b) Consultation.--The Trade Representative shall consult
with the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate,
and with the appropriate advisory committees established
under section 135 of the Trade Act of 1974 (19 U.S.C. 2155),
with respect to whether to initiate proceedings under section
3 and, if proceedings are conducted, with respect to making
the determination under subsection (c).
(c) Determination.--After considering all comments
submitted, and within 30 days after the close of the comment
period under subsection (a), the Trade Representative shall
determine whether the Government of Vietnam is providing, on
or after the date on which Vietnam accedes to the World Trade
Organization, a prohibited subsidy to its textile or apparel
industry. The Trade Representative shall publish that
determination in the Federal Register, together with the
justification for the determination.
(d) Record.--The Trade Representative shall make available
to the public a complete record of all nonconfidential
information presented in proceedings conducted under this
section, together with a summary of confidential information
so submitted.

SEC. 6. ARBITRATION AND IMPOSITION OF QUOTAS.

(a) Arbitration.--If, within 60 days after consultations
are requested under section 4, in a case in which the Trade
Representative makes an affirmative determination under
section 5(c), the matter in dispute is not resolved, the
Trade Representative shall request arbitration of the matter
under the Dispute Settlement Understanding.
(b) Imposition of Quotas.--
(1) In general.--The Trade Representative shall impose, for
a period of not more than 1 year, the quantitative
limitations described in paragraph (2) on textile and apparel
products of Vietnam--
(A) if, pursuant to arbitration under subsection (a), the
arbitrator determines that the Government of Vietnam is
providing, on or after the date on which Vietnam accedes to
the World Trade Organization, a prohibited subsidy to its
textile or apparel industry; or
(B) if the arbitrator does not issue a decision within 120
days after the request for arbitration, in which case the
limitations cease to be effective if the arbitrator, after
such limitations are imposed, determines that the Government
of Vietnam is not providing, on or after the date on which
Vietnam accedes to the World Trade Organization, a prohibited
subsidy to its textile or apparel industry.
(2) Limitations described.--The quantitative limitations
referred to in paragraph (1) are those quantitative
limitations that were in effect under the Bilateral Textile
Agreement during the most recent full calendar year in which
the Bilateral Textile Agreement was in effect.
(c) Determination of Compliance.--If, after imposing
quantitative limitations under subsection (b) because of a
prohibited subsidy, the Trade Representative determines that
the Government of Vietnam is not providing, on or after the
date on which Vietnam accedes to the World Trade
Organization, a prohibited subsidy to its textile or apparel
industry, the quantitative limitations shall cease to be
effective on the date on which that determination is made.

SEC. 7. DEFINITIONS.

In this Act:
(1) Bilateral textile agreement.--The term ``Bilateral
Textile Agreement'' means the Agreement Relating to Trade in
Cotton, Wool, Man-Made Fiber, Non-Cotton Vegetable Fiber and
Silk Blend Textiles and Textile Products Between the
Governments of the United States of America and the Socialist
Republic of Vietnam, entered into on July 17, 2003.
(2) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules
and Procedures Governing the Settlement of Disputes referred
to in section 101(d)(16) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(16)).
(3) Interested person.--The term ``interested person''
includes, but is not limited to, domestic firms and workers,
representatives of consumer interests, United States product
exporters, and any industrial user of any goods or services
that may be affected by action taken under section 6(b).
(4) Prohibited subsidy.--

[[Page 21839]]

(A) In general.--The term ``prohibited subsidy'' means a
subsidy described in article 3.1 of the Agreement on
Subsidies and Countervailing Measures.
(B) Subsidy.--The term ``subsidy'' means a subsidy within
the meaning of article 1.1 of the Agreement on Subsidies and
Countervailing Measures.
(C) Agreement on subsidies and countervailing measures.--
The term ``Agreement on Subsidies and Countervailing
Measures'' means the Agreement on Subsidies and
Countervailing Measures referred to in section 101(d)(12) of
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)).
(5) Textile or apparel product.--The term ``textile or
apparel product'' means a good listed in the Annex to the
Agreement on Textiles and Clothing referred to in section
101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(4)).
(6) Trade representative.--The term ``Trade
Representative'' means the United States Trade
Representative.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Thomas) and the gentleman from Washington (Mr.
McDermott) each will control 20 minutes.
The Chair recognizes the gentleman from California.
Mr. THOMAS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 5602 was a bill that was introduced in June of this
year by the gentleman from Minnesota (Mr. Ramstad) and principally the
gentleman from California (Mr. Thompson). This is the culmination of a
long and sometimes very difficult process.
The relationships between the United States and Vietnam have been
difficult. When I was a member of the committee as a member of the
minority and the chairman of the Trade Subcommittee was the gentleman
from Nevada, Mr. Gibbons, we traveled to Vietnam as the first official
United States Delegation on Trade. That was a number of years ago. So
we arrive today after an 11-year effort in working with Vietnam to
enjoy the announcement that Vietnam is on the verge of joining the
World Trade Organization.
Vietnam joining the WTO will bring substantial economic benefits
obviously to the Vietnamese and to the United States, because Vietnam
has agreed to open its markets to U.S. goods and services. However, to
fully benefit from this move on the part of Vietnam to the World Trade
Organization, the United States must first extend the so-called
permanent normal trade relationship to Vietnam, and that is what this
bill does.
I asked to take it up with the ``as amended'' phrase attached because
we have been able to come to an agreement. One of the real concerns
with an increase in trade between the United States and Vietnam is the
textile industry. We have concerns about those areas in the United
States that still have an ability to provide and afford the production
of textiles and the relationship we are going to continue to grow with
Central America with the free trade agreement there and with the
pending free trade agreements with Andean countries that will provide
us with an excellent opportunity to move our raw and partially finished
textile products to an area that will both advance those countries and
the United States.
Vietnam will be a major player in the textile industry. The concern
we have is in balancing the concerns of those who are on the retail
side and those who are on the production side, and we believe that the
amendment that we have offered will go a long way toward resolving
those concerns.
There is still concern as far as the chairman is concerned and, I
know, of other Members on Vietnam's record on human rights and
religious freedom. Just because it decides to join the World Trade
Organization doesn't mean that it has decided in all aspects to join
the world's civilized nations in its behavior not only to its people
and to others. However, I do firmly believe that if Vietnam lives up to
its commitment in its membership in the World Trade Organization, it
will encourage and accelerate the opportunity for needed reforms in a
tangible way that impacts the Vietnamese people's lives daily. So
although I have a number of reservations in that regard, I do support
going forward.
This is a regime that is not a democracy. I do hope as we examine
trade relationships that may be presented to this Congress before we
adjourn sine die, that we take cognizance of the fact that we have an
opportunity to enter into free trade agreements with growing and
vibrant democracies in this hemisphere, and if we are anxious to move a
trade agreement with a country that is not democratic, that we extend
that same courtesy to those in the Western Hemisphere, specifically
Peru, that have made significant sacrifices to come to a free trade
agreement. They are, after all, a deserving people.
Mr. Speaker, I ask unanimous consent that I turn the balance of my
time over to the gentleman from Florida (Mr. Shaw), the chairman of the
Trade Subcommittee of the Ways and Means Committee, and that he be
allowed to yield said time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McDERMOTT. Mr. Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Levin).
Mr. LEVIN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I support this legislation because I believe, on
balance, Vietnam's accession to the WTO is a positive step. It is a
growing economy with 90 million people. It remains a command economy
basically and a one-party state, and that always leads to some concerns
and some qualifications. That is true here in terms of some problems,
serious ones in the past with human rights, and also some economic
issues. However, I think, on balance, it is wise to proceed. Their
becoming part of the WTO will mean that the disciplines of
international regulations will apply to them.
Let me say, however, I have several concerns. One is that this bill
is on the suspension calendar. This bill did not go through committee.
There was no hearing. I think this is not a wise procedure. In fact, I
am sure it is not a wise procedure, and it is not going to be followed
in the future. Bills of this nature, I believe, will have hearings
before a committee and will not come up on suspension.
Secondly, a second concern, there is an important omission here and
there is no safeguard mechanism in this accession agreement. When
nonmarket economies operate, they usually do not do so through the
usual mechanisms of supply and demand or international market dynamics,
and so it is easier for there to be surges of imports into this country
and more difficulty in dealing with them. The Bush administration did
not negotiate a general surge provision here nor a textile surge
provision. They were both in the China accession agreement. This is a
serious omission, or at least an omission that should not be
replicated.
For example, there is now negotiation with Russia of an accession
agreement. The bilateral has been completed and the multilateral will
start. I don't think we should be approving PNTR bills, for example,
with Russia, until there is a safeguard mechanism negotiated in the
agreement itself.
I believe all of us on this side who are speaking today will be
dedicated to making sure that there is such a safeguard mechanism, so
that if there is that surge of exports to us, we have a mechanism to
deal with it.
On balance, I think it is important to proceed with this bill, and
therefore I urge support.
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 5602 would grant permanent normal trade relations
with Vietnam and permit U.S. businesses to take full advantage of the
commitments that Vietnam has made as part of its accession into the
World Trade Organization.
On November 7, 2006, World Trade Organization members voted to
approve Vietnam's entry into the organization and Vietnam is expected
to officially become a member by the end of the year. To get to this
point, Vietnam has clearly made significant economic reforms and will
benefit not only the international community, but also the people of
Vietnam.
As part of Vietnam's accession into the World Trade Organization,
more

[[Page 21840]]

than 94 percent of all U.S. exports of manufactured goods will face
duties no higher than 15 percent. Tariffs will also be reduced 15
percent or less on three-quarters of United States agricultural
products.
Additionally, U.S. service providers will have increased access to
Vietnam's market. My own State of Florida already exports over $20
million of goods to Vietnam. With Vietnam's entry into the World Trade
Organization, I expect this number to grow even higher, thus benefiting
those that manufacture, create, grow and harvest these products, as
well as those that package, store and transport them.
To say the United States and Vietnam have had a rocky relationship
would be a dramatic understatement. Yet, much like with Japan, this
opportunity to promote cooperation and conciliation demonstrates the
great progress that is important when countries engage economically.
By enacting this legislation, the United States and Vietnam have a
unique opportunity to show the world that no matter what the history
between these countries may be, they can still have substantial
economic and foreign policy benefits when the countries turn away from
violent conflict and focus their efforts on economic interaction with
an international rule-based system.

{time} 1530

This legislation can provide an important symbolic example to
countries throughout the world facing an important choice between
violence and isolation or economic prosperity.
Mr. Speaker, I urge all Members to support H.R. 5602 and support the
efforts of American businesses striving to compete in this new and
expanding market.
Mr. Speaker, I reserve the balance of my time.
Mr. McDERMOTT. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I support this legislation granting Vietnam permanent
normal trade relations.
Today is a day that shows America really at its best. With one piece
of legislation, we will show the world the heart and spirit of our
country. In the grand scheme of things, there is not a lot of money
involved here, but there is an enormous amount of history and healing
involved. Democrats support permanent normal trade relations with
Vietnam because granting PNTR to Vietnam allows it to join the rules-
based, multilateral trading system, the World Trade Organization.
Vietnam's accession to the WTO will ensure that Vietnam is bound to
international rules and concessions that aim to provide trade-related
economic growth that is fair.
But PNTR does more than just bring Vietnam into a multinational
trading relationship. PNTR continues to heal the wounds of a conflict
whose wounds are still felt today. The healing of the Vietnam War
continues, and today marks another important step in that process.
The U.S.-Vietnam accession agreement, for the most part, is a strong
one. The agreement will open an emerging market of almost 90 million
people to American exporters of goods and services. This agreement will
provide the Nation's exporters and consumers opportunities which are
not available today.
In my home State of Washington, a State that relies heavily on
exports to drive its economy, products like computer software,
commercial aircraft, and agricultural goods will find better access to
an increasingly dynamic economy through this agreement.
Subjecting Vietnam to the disciplines of the WTO and its rules and
dispute settlement mechanisms will be a positive step in providing the
United States more of an opportunity to ensure that Vietnam's economic
reforms continue and move in the right direction. This will provide a
new opportunity for the Vietnamese to improve their lives by
participating in freer and fair markets. That is what makes this
agreement worthy of support despite its flaws.
Even as we move, I hope, to pass this resolution, we must recognize a
deeply flawed process by which the resolution is brought before the
House. First, this is a major trade bill that is coming to the floor on
a suspension calendar, the legislation introduced and made available to
the Members and the public just a few hours ago without any significant
debate, without any hearing in the committee of jurisdiction, and
without the opportunity of any markup. I doubt most Members know
anything about this bill, which was introduced just a few hours ago, as
most Members are presently flying back from their districts across the
country.
This is not the way the Congress should operate when we are
legislating on matters of importance to the American people. We should
follow the regular order, and I am hopeful that in the future we will
do that. In fact, I am absolutely certain we will do that, having
listened to Mr. Levin talk about it.
In fact, the bill, and Vietnam's accession agreement to the WTO,
omits a critically important provision. The Bush administration failed
once again to negotiate a safeguard mechanism with Vietnam, which is a
country with a nonmarket economy. This is a major oversight. Nonmarket
economies do not respond to normal market signals of supply and demand,
and thereby they often create surplus supply that can lead to import
surges in the U.S. market. These surges, and this administration's
failure to address them effectively, are one of the areas in which the
Bush administration has failed to stand up for American businesses, for
their workers and the manufacturing sector in general.
In the new Congress, the House of Representatives and the Committee
on Ways and Means will need to consider ways that our trade law
remedies can be updated and strengthened, including the antidumping
laws. American firms are among the most competitive in the world, but
they cannot compete with the treasury of foreign countries. The
administration should know that in the new Congress; the new majority
will insist that the administration incorporate safeguard tools in
future PNTR agreements.
In closing, I support this bill because it is an important step that
we should take to strengthen the multilateral trading system. It is an
important step to provide opportunities for American and Vietnamese
workers and entrepreneurs. Most importantly, this is a step we can take
to improve U.S.-Vietnamese relations and our relationship with emerging
Asian economies. It is unfortunate that the agreement has some key
shortcomings that my colleagues on the House Ways and Means intend to
address in the coming months.
Mr. Speaker, I reserve the balance of my time.
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
I would like to clarify the record on the statement by the gentleman
from Washington. He may have just gotten the amendments, but the bill
has been out there since last spring and amendments were delivered to
the staff of the minority office last Thursday asking for comments. We
are trying to do this in as bipartisan a way as we can because we have
support from the other side.
So I don't want anyone watching this process going forward to think
that the majority here has in any way not shared the information that
it has with the minority.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Arizona (Mr. Kolbe).
Mr. KOLBE. Mr. Speaker, I thank the gentleman from Florida for
yielding me this time.
I want to rise in strong support of this legislation, and I want to
commend the chairman of the full committee and the chairman of the
subcommittee for the work that they have done in advancing this bill,
which will benefit both America and Vietnam for years to come. And I
want to especially pay tribute to the chairman of the Trade
Subcommittee for his long service in this Congress and for the work
that he has done over the years in the area of trade, which has made
such advances for better relations between the United States and other
countries and improved the lot of people in other

[[Page 21841]]

countries as well as the lot of workers and citizens here at home in
the United States. His service will be greatly missed in the next
Congress.
Permanent normal trade relations with Vietnam is the next logical
step in our partnership with that country. Back in 1995, with my
support and that of many others on both sides of the aisle, we embarked
on a new path of political progress with Vietnam. We restored political
relations and we restored economic relations. We recognized how
important it was to integrate a former adversary into the global
economy.
Then in December of 2001, we passed a bilateral trade agreement that
has spurred economic growth for all parties. By the end of 2005, two-
way trade between the United States and Vietnam had reached nearly $8
billion, a huge increase from the base it started at just a few years
earlier. Now, with the passage of this legislation, with the adoption
of permanent normal trade relations, we will magnify those benefits and
we will allow the United States and Vietnam to work as partners in the
World Trade Organization.
The impact for our Nation will be especially dramatic in the services
sector. The bill will provide more open access in telecommunications,
financial services, and energy services. This is crucial, absolutely
crucial, for jobs here at home in the United States. Eighty percent of
the American workforce is in the service sector.
At the same time, this legislation is about more than just economics,
and I think that those on both sides of the aisle recognize this fact.
Permanent normal trade relations will promote additional domestic
reforms in Vietnam. By increasing transparency in that country's trade
practices, this bill will contribute to greater transparency in all
areas of government.
From the first time that I visited Vietnam after my service in the
conflict there, more than 15 years ago, to today we have seen enormous
changes take place in the political structure of Vietnam. And as a
Vietnam veteran, I find this especially heartwarming and especially
important. We are working and we must continue to work on behalf of
development and of good governance in Vietnam.
This legislation shows us that Vietnam's best interests can align
with the interests of this country as well, and this is what free trade
is all about. This is what free trade does for two countries, and this
is why this bill has bipartisan support, and it is why it will pass,
why it should pass, today.
I can only hope that in the next Congress my colleagues will take the
same commonsense approach to other trade bills that will be considered
and that they will have the courage to embrace a free trade agenda
which will benefit Americans and people around the world alike.
Mr. McDERMOTT. Mr. Speaker, I yield 5 minutes to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in
permitting me to speak on this bill.
I am honored to follow my friends Mr. Shaw and Mr. Kolbe, who have
invested in making this work, and it is an example of how trade policy
can, in fact, be bipartisan. This is one of those examples.
For those of us who entered political life during the Vietnam War
era, the passage of normal trade relations and the final step towards
normalization of relations with Vietnam is nothing short of
astonishing. I was honored to accompany President Clinton on his
historic visit to Vietnam in 2000 and to watch the spontaneous
outpouring of, interest and it appeared even affection, for the
American President and for America at that point. This agreement
cements this important political relationship with a key Southeast Asia
partner and demonstrates a roadmap for other former enemy countries to
repair relations and proceed together along a mutually beneficial path.
It contributes to the continued process of reform in Vietnam,
strengthening the rule of law, promoting transparency in government,
and decreasing that government's role in the Vietnamese economy.
It is also good economic policy for both the United States and
Vietnam, strengthens the international trading system in the wake of
the collapse of the Doha Round. U.S. exports to Vietnam have increased
over 150 percent since that historic visit with President Clinton to
over $1.2 billion last year, and Vietnam continues to be the second
fastest economic growth engine in the world.
Vietnam has agreed to open their markets to U.S. manufactured goods,
services, and agricultural commodities, including things we care about
in Oregon like beef, apples and pears.
Imports from Vietnam are also important in supporting many jobs in
the Northwest, as my friend from Puget Sound mentioned. Companies, I
would say, like Nike and Intel have the same sort of interests, and it
will also provide advantages for American consumers. Access to U.S.
markets can also play an important role in Vietnam's fight against
poverty as it seeks to emulate the progress of the other ``Asian
tigers,'' which have lifted hundreds of millions of people out of
poverty and sickness in East Asia.
However, I would offer two points of caution. I am concerned that the
administration has agreed to self-initiate antidumping investigations
against the Vietnamese textile industry, which employs 2 million people
and is Vietnam's second largest export earner. By creating an uncertain
atmosphere for U.S. business in Vietnam, I am concerned, and I hope
that this concern is not proven to be founded, that the agreement
between the administration and the Senators from North Carolina will
deter U.S. companies from operating in Vietnam and harm companies that
depend on imports from that country, limiting the benefits of this
agreement both for the United States and the Vietnamese people, as well
as setting, shall we say, a dubious precedent for future trade policy.
I do encourage the administration to work closely with the United
States stakeholders and attempt to find a mutually acceptable
conclusion to this issue that is fair to the parties involved and does
not set a dangerous precedent.
I would also repeat on the floor what I have said to friends and
people that I have met in Vietnam, Vietnamese officials at the highest
level in both countries, that the Vietnam record on religious freedom
and human rights continues to be an impediment to a full flowering of
the partnership with the United States. It decreases the legitimacy of
the Vietnamese Government in the eyes of their people and people around
the world.

{time} 1545

A truly close relationship can only be based on shared values and the
Vietnam Government's record must improve in the area of human rights
and religious freedom. And it is not just about the relationship
between the United States and Vietnam and helping oppressed people in
Vietnam. It is only with this freedom of the economy and religion that
they are going to be able to benefit the full flowering of their
economy.
Mr. Speaker, in the end, permanent normal trade relations with
Vietnam is a win for both the United States and Vietnam on all fronts.
And I for one enjoyed working with the junior Senator from Oregon who
helped lead the passage in the Senate, demonstrating once again that
trade does not have to be one of these mindless partisan issues. I
strongly support this legislation and urge my colleagues to do as well.
Mr. SHAW. Mr. Speaker, I continue to reserve the balance of my time.
Mr. McDERMOTT. Mr. Speaker, I yield 4\1/2\ minutes to the gentleman
from Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Speaker, I rise in opposition to H.R. 5602.
Opposing PNTR for Vietnam is in the interest of the Vietnamese and the
American people. As you know, Vietnam has been subject to a trade
agreement with the United States since 2001. How has it gone? If you
care about Vietnam, then you should care to know that Vietnam has a lot
to lose as poor as that country may be.
Vietnam had a growth rate of 9 percent between 1993 and 1997, the
year the Asian financial crisis hit. In other

[[Page 21842]]

words, under the Socialist Republic of Vietnam, economic growth was
very respectable, but the global experience of developing countries
with WTO roles is disappointing at best.
During the WTO decade, that is 1995 to 2005, the number and
percentage of people living on less than $2 a day has jumped in South
Asia, sub-Saharan Africa, Latin America, the Middle East and the
Caribbean. The rate of worldwide poverty reduction has slowed. Per
capita income growth in poor nations decline when they sign up for the
WTO.
And structural adjustment policies by the IMF and the World Bank also
cause the economic situation of the people in those countries that sign
up for the WTO to be impaired.
Per capita growth from 1980 to 2000 fell to half of what occurred
between 1960 and 1980, 1980 prior to the imposition of the WTO-IMF
package. I worry about the Vietnamese people if the PNTR should pass.
If you care about Vietnam, then you should care to know that the PNTR
could have the effect of causing, one, millions of peasants to be
thrown off the land as agricultural supports are withdrawn; two,
millions of workers to lose their jobs as state enterprises wither in
the face of foreign competition or downsize and speed up operations in
an effort to stay competitive.
Privatization, right on its way. At the beginning of this year, I was
one of the Democratic representatives chosen by the Speaker of the
House to visit Southeast Asia, and we visited Vietnam.
One of the things that struck me during the visit, particularly to
the south part of Vietnam, was the ubiquitous nature of the bicycle.
People use bicycles as a primary means of getting around, and it is
linked to the culture. There are rules that impose high tariffs and
taxes on bringing cars in to operate in Vietnam. Those rules and
tariffs are just going to be wiped off the books, pushed aside.
This agreement is going to have a profound impact in creating a
transition in the culture of Vietnam away from a use of an effective
and efficient means of transportation, towards choking streets that are
already clogged with a lot of people, with automobiles at a time that
we should be thinking about the relationship between trade and global
climate change.
I mean, after all, the WTO does not permit human rights, workers'
rights or environmental quality principles to be put into trade
agreements. So here we are celebrating the growth of free trade at the
same time the worldwide economic crisis continues.
Somebody has got to make the connection between demanding that the
WTO have environmental quality principles written into these
agreements, and you are going to see countries like Vietnam suffer as a
result of that lack. Have we not had enough of the folly of the World
Trade Organization? Have we not lost enough good-paying jobs in this
country? Have we not learned that the U.S. cannot for long be the
world's biggest market and biggest consumer if our people are not
making wealth through manufacturing? I mean, we need an American
manufacturing policy where the maintenance of steel, automotive,
aerospace and agriculture is seen as vital to our Nation's national
security.
Mr. Speaker, if you care about jobs in the United States, then you
should be concerned to learn that the U.S. balance of trade with
Vietnam has gone from a surplus in 1993 to a deficit of over $5
billion.
As Chinese manufacturers move south to Vietnam in search of even
cheaper labor, more and more exports will come from Vietnam to the
United States and more and more jobs in the U.S. will disappear. Wake
up, Congress. We have got close to an $800 billion trade deficit, and
this bill just keeps going in the same direction.
Goodbye, American jobs. No workers rights. No human rights. No
environmental quality principles. Why are we doing this?
Mr. McDERMOTT. Mr. Speaker, the gentleman from Florida has the right
to close?
The SPEAKER pro tempore. The gentleman from Florida has the right to
close, that is correct.
Mr. McDERMOTT. Mr. Speaker, I yield myself the balance of the time.
Mr. Speaker, I feel confident this measure before us will pass quite
easily. I am glad that you have allowed the House to consider it today.
I am sorry that Mr. Ramstad did not get a chance to come. We are going
to miss Mr. Shaw as he leaves us. Mr. Kolbe, I am sorry he has left the
floor. He was also a promoter of trade in underdeveloped countries and
has been a real contributor to that effort here in the Congress.
However, this House has a little bit of work left to do in trade. And
I talked to the chairman of the committee, Mr. Thomas, before he left
about whether or not we can get a bill between now and the time we get
out of here. I would urge the Speaker and the chairman to act on a bill
that extends the expiring trade preference programs, the Andean Trade
Promotion Program and the generalized system of preferences. These are
programs that have been in place for many, many years and have had a
very positive effect in the underdeveloped world. And I think it is
important that we not allow them to lapse in the midst of transition
between party control and whatever.
There are a lot of people out there whose jobs depend on how those
are implemented. And I think that the chairman understands that and has
given me his assurance that he is going to talk to the Senate about
whether we can get through such a piece of legislation, because it is
vital to these developing countries and the workers and the American
businessmen and consumers.
If you are trying to plan to source some of your material overseas
and you do not know what the law is going to be applying to it, it is
very hard for you to plan in advance, as the garment industry does or
other industries. You need some certainty about when things are going
to be available and what preferences will be in place so that the costs
can be considered.
I would urge the Speaker in this thing to bring us a short-term clean
extension. There are a lot of things out there that can get onto these
bills that really do not add, in fact are very controversial.
But the clean extension should include the provisions for Haiti,
which is the poorest country in our hemisphere, and certainly we want
to do what we can for them. Sub-Saharan Africa is also a very
undeveloped area that is having enormous economic problems. And for
those kinds of supports I think there ought not to be any kind of
opposition to them. The problem is they always get coupled with
everything else under the sun that people have always wanted to do.
I hope the chairman and the committee and the subcommittee and the
Speaker will all come together and bring us a bill and we will support
it as we have done this one today.
Mr. Speaker, I yield back the balance of my time.
Mr. SHAW. Mr. Speaker, I yield myself the balance of our time.
Mr. Speaker, I would like to acknowledge that after all of these
years, I finally found something that I agree with with the gentleman
from Washington, and that is the statement with regard to the Andean
countries, Africa, and with Haiti.
I would hope if we cannot conclude a satisfactory agreement, free
trade agreement with the countries that we are working with now, most
notably Peru and Colombia, that we should have some short-term
extension of the Andean preference for those countries.
At this time we do not have one, an agreement with Ecuador. However,
Ecuador is in a situation now of going into an election where they have
one pro-American candidate, and one that is pro-Chavez. I think we
should watch that very closely, and I think that we have an obligation
to do everything we can for our friends and their economic growth. I
will leave it right there.
But I think that we need to, and I would hope that in the next
Congress, which I regret that I will not be part of, to see these
things through that we should continue our work to become, and continue
to be free trade.

[[Page 21843]]

I would like to also comment on the comments made by my friend from
Ohio with regard to the low wages and low standard of living in
Vietnam. I traveled there in the late 1980s with then-chairman Gibbons.
It is the same CODEL that Mr. Thomas made reference to in his opening
remarks.
There we saw a very impoverished nation. We stayed at a government
house in which the conditions were deplorable. In fact, one of the
spouses along on the trip took all of her husband's undershirts and
laid them on the bed before she would even get into the bed. We had
rolling blackouts. The country was an economic disaster.
But we saw something very important. And I think this was really
driven home, particularly, Jake Pickrel, whom many of us know, his wife
fell and broke her hip. The doctors who was traveling with us took her
down to the hospital in Vietnam, and he came back and said this is
1950s technology, the x-ray equipment there. And of course we
immediately flew her out of Vietnam, where she could get and did get
proper treatment.
I think we can look at Vietnam now, and I have not been back since
then. But I understand the economic strides that they have made are
really tremendous. And that is almost 100 percent due to their changing
their economy so that it can thrive and it can grow and is not held
back by the 100 percent socialistic tendencies that it seemed to have
at the time.
Also I think that there is no question but that our trade will grow
with Vietnam, because this is an agreement that works both ways. Their
tariffs come down, our exports will increase, there is no question
about that. As usual, and we find in most countries, that the tariffs
of the country that we are taking down tariffs with has a higher tariff
than we do.
So we should benefit, Vietnam should benefit and the economy of both
countries will be better off for it. And when an economy as small as
Vietnam mixes with an economy as large as the United States, it is very
easy to realize that any type of stimulus that you give those economies
will be a very, very big impact on their economy.
I have a letter here from the U.S.-Vietnam World Trade Coalition, and
it is signed by Madeleine Albright, Jim Baker, Charlene Barshefsky,
Samuel Berger, Harold Brown, Warren Christopher, William Cohen,
Lawrence Eagleburger, Carla Hills, Michael Kantor, Henry Kissinger,
Anthony Lake, Robert McNamara, Colin Powell, Robert Rubin, George
Shultz, Robert Strauss, and Clayton Yeutter, very much in favor of this
agreement.

Washington, DC, September 8, 2006.
Dear Colleague: As the bipartisan cosponsors of H.R. 5602,
to provide Vietnam with Permanent Normal Trade Relations
(PNTR) status, we forward you the following letter signed by
numerous former Cabinet Secretaries, U.S. Trade
Representatives and others involved in trade and foreign
policy in previous administrations.
We hope you find this letter useful as you consider your
vote on this important issue.
Sincerely,
Jim Ramstad,
Member of Congress.
Mike Thompson,
Member of Congress.
____

U.S. Vietnam, WTO Coalition,

July 11, 2006.
Hon. J. Dennis Hastert, Speaker,
House of Representatives.
Hon. Nancy Pelosi,
Minority Leader,
House of Representatives.
Hon. Bill Frist,
Majority Leader,
U.S. Senate.
Hon. Harry Reid,
Minority Leader,
U.S. Senate.
We strongly support the President's proposal to grant
Permanent Normal Trade Relations (PNTR) status to Vietnam.
America's long-term security and economic interests will be
advanced by Vietnam's full integration into the rules-based
global trading system. Vietnam can become a catalyst for
growth and development in Southeast Asia, and will offer
significant opportunities for U.S. companies, workers, and
consumers.
In the thirty years since the end of the conflict in
Southeast Asia, the United States has worked steadfastly to
normalize relations with its former adversary. This effort
proceeded, step by step, as we sought the fullest possible
accounting of American prisoners of war and personnel missing
in action. The ``Roadmap'' to normalization helped to achieve
significant progress in this regard. We enjoy today a
multifaceted, mutually beneficial relationship with Vietnam
that has enabled us to engage on a range of issues, including
protection of religious freedom, labor, and human rights.
Vietnam is home to nearly eighty-five million people, more
than half of whom are under the age of twenty-five. As a
country facing a host of infrastructure and human development
challenges, Vietnam merits not only our attention. but also
our support for the promising reform process that is
underway. In this vein, the 2001 U.S.-Vietnam Bilateral Trade
Agreement was an important milestone, and it has contributed
to the development of a more open, market-oriented economy
with important potential benefits for the Vietnamese and
American peoples.
PNTR and WTO accession for Vietnam will strengthen
America's linkages with the commercially and strategically
important region of Southeast Asia, which, with a GDP of
nearly $3 trillion, represents our fourth largest export
market. The comprehensive WTO accession agreement reached by
Vietnam and U.S. negotiators will provide even broader market
access across a range of U.S. goods and services. Equally
important, it will enhance transparency, accountability, and
the rule of law.
The granting of PNTR for Vietnam represents the logical
next step in the normalization of relations between our two
countries, a process that has been made more effective by
broad bipartisan support in Congress, and that has spanned
successive presidential administrations during the past three
decades. We support the granting of PNTR in advance of
Vietnam hosting the Annual APEC Leaders Meeting in November,
in which President Bush will participate. This will further
encourage Vietnam's emergence as a responsible regional
partner, as we together address a myriad of complex
international economic and security issues.
We urge the Congress to approve PNTR for Vietnam at the
earliest possible opportunity this summer.
Sincerely,
Madeleine K. Albright, James A. Baker III, Charlene
Barshefsky, Samuel L. Berger, Harold Brown, Warren
Christopher, William S. Cohen, Lawrence S. Eagleburger,
Carla A. Hills, Michael Kantor, Henry A. Kissinger,
Anthony Lake, Robert McNamara, Colin L. Powell, Robert
E. Rubin, George P. Shultz, Robert S. Strauss, Clayton
K. Yeutter.

{time} 1600

I think the Members on both sides of the aisle will certainly find
somebody on that list that they have a great deal of respect for for
their particular view with regard to matters pertaining to trade.

General Leave

Mr. SHAW. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days in which to revise and extend their remarks and
include extraneous material on the subject of the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. SHAW. Mr. Speaker, in closing, I would like to thank Mr. Ramstad,
who is trying to get back here in order to take time on the floor, and
really I think if he were here, and I will not hesitate because he is
not, to praise him for the good work that he has done and his foresight
in bringing this particular bill forward.
Ms. LORETTA SANCHEZ of California. Mr. Speaker, I have serious
concerns about establishing Permanent Normal Trade Relations (PNTR)
with Vietnam without mandating essential human rights protections.
In August, the Government of Vietnam arrested and held a U.S.
Citizen, Cong Thanh Do, on false charges. Only with the efforts of many
U.S. officials was Mr. Do released.
The Government of Vietnam arrested and imprisoned Mr. Do, a U.S.
citizen, on false charges even when it was trying to convince the U.S.
Congress to grant permanent normal trade relations.
What practices will the Government of Vietnam engage in when they are
not trying to convince the U.S. Congress to pass PNTR?
I believe that had the Majority allowed us ample time for
consideration and debate on PNTR, we may have been able to include
critical human rights protections.
I urge my colleagues to oppose this bill until sufficient time is
granted to include necessary human rights protections.
Mr. CUELLAR. Mr. Speaker, I would like to express my strong support
for the permanent normalization of trade relations (PNTR) with Vietnam.
With the Doha round of global trade talks in limbo, the U.S. must
continue to pursue an active bilateral trade agenda that makes real
gains for America's working families.

[[Page 21844]]

My hometown of Laredo has been transformed by trade. Since the
implementation of the North American Free Trade Agreement (NAFTA), I
have watched as trade transformed communities in Texas from areas of
marginal business activity, to some of the most rapidly developing
counties in the nation. Laredo now serves as the largest inland port in
North America and takes in 60 percent of all NAFTA traffic.
But our current trade agreements are simply not enough. In today's
global economy, we cannot afford to stand idle but instead must push
ahead with increased trade liberalization. The Vietnam agreement does
just that.
Agricultural products are crucial exports for my congressional
district. With Vietnam's accession to the World Trade Organization
(WTO) and our new trade relations, Vietnam will reduce tariffs on most
U.S. agricultural exports to 15 percent or less. Texas farmers will be
able to sell in the Vietnamese market on a level playing field with
competitors in other WTO member countries. Without PNTR with Vietnam,
Texas's exporters will lose. I urge my colleagues to join me today in
making history and supporting America's working families by granting
Permanent Normal Trade Relations to Vietnam.
Mr. ROHRABACHER. Mr. Speaker, I rise in opposition to H.R. 5602
legislation to authorize the extension of nondiscriminatory treatment
(normal trade relations treatment) to the products of Vietnam, and to
establish a procedure for imposing quotas on imports of subsidized
textile and apparel products of Vietnam.
Mr. Speaker, as we speak American soldiers are dying in Iraq in
support of a noble effort to create a democratic government. Why then
are we about to give Permanent Normal Trading Treatment to the
dictatorship in Vietnam, a cabal of gangsters and thugs that
mercilessly prohibits in Vietnam and Laos any democracy, freedom of
law, freedom of the press, and human and religious rights? The
Vietnamese government has never come clean on the whereabouts of over
600 American soldiers who were left behind in Vietnam after the war.
I'm not talking about granting us permission to dig for American
remains, I'm talking about their refusal to hand over the prison
documents of those men who we know were alive when we left Vietnam
thirty years ago.
Mr. Speaker, the same political party that forced us to cut and run
from Vietnam has stubbornly refused to acknowledge the complete lack of
freedom there and in Laos. It doesn't care if we retreat from Iraq just
like we did from Vietnam, before the job is done. But what truly
disturbs me is how the majority can go along with this and reward the
thugs in Hanoi for what they did and continue to do to their own people
and to the relatives of our veterans who never returned. Have we
completely lost our moral compass? Is cheap labor so much more
important than democracy, freedom of religion and supporting our
soldiers and their families? Do we care anymore about freedom?
Accordingly, I strongly urge my colleagues to reject this
misconceived initiative that insults our troops and ignores the wishes
of good people of Vietnam who want to live free from the thugs in
Hanoi.
Mr. RAMSTAD. Mr. Speaker, I have long been an ardent supporter of
trade expansion because the bottom line is jobs. Fully 95 percent of
the world's population lives outside the United States, and the global
economy is projected to grow at three times the rate of the U.S.
economy. We must continue to take steps to make sure American farmers,
manufacturers and service providers remain leaders in the international
marketplace and our products have fair access to foreign markets.
Vietnam is the fastest growing economy in Southeast Asia and
continues to grow in significance as a U.S. trading partner. By our
granting Vietnam PNTR status, U.S. businesses will be able to take
advantage of the increased market-access opportunities the Vietnamese
have offered in return. And increased market access to Vietnam will
also help provide U.S. companies a competitive sourcing counterbalance
to China in the region.
Without passage of this legislation, U.S. companies will not be able
to take advantage of the Vietnamese concessions. And in addition, the
United States will not be able to engage in dispute-settlement cases
with Vietnam in the World Trade Organization.
Therefore, Mr. Speaker, I would like to thank Chairmen Thomas and
Shaw for their leadership on bringing forward this important
legislation, and I would also like to thank Ranking Member Rangel and
Representative Thompson for their support of this legislation.
Mr. Speaker, I urge my colleagues to support passage of H.R. 5602.
Ms. ZOE LOFGREN of California. Mr. Speaker, I rise today in
opposition to granting permanent normal trade relations (PNTR) to
Vietnam.
Just two months ago, the Vietnamese government arrested my
constituent, a U.S. citizen, Cong Thanh Do. Mr. Do had posted comments
on the Internet while at home in San Jose, California advocating that
Vietnam undergo a peaceful transition to a multi-party democracy. For
exercising his U.S. Constitutional right of free speech, the Vietnamese
arrested him and held him in prison for 38 days in Vietnam without
charges.
Other U.S. citizens have been imprisoned in Vietnam for what appear
to be political reasons, including the sister of another one of my
constituents, Thuong Nguyen ``Cuc'' Foshee.
Although both are free today and back in America, I am concerned
about hundreds of Vietnamese nationals as well as other U.S. citizens
imprisoned in Vietnam.
The Vietnamese government has repeatedly violated human rights.
Hundreds of Vietnamese have been imprisoned, put under house arrest, or
placed under intense surveillance for simply practicing their religion
or speaking out about democracy and human rights in Vietnam.
Following his return to the U.S., Mr. Do provided me a disturbing
list of over 130 Vietnamese nationals and U.S. citizens he believes are
currently imprisoned in Vietnam as prisoners of conscience or harassed
by the government for simply speaking about democracy and human rights.
In addition, groups such as the Human Rights Watch have published
reports of 355 Montagnard prisoners of conscience currently imprisoned
in Vietnam.
I am not alone in my concerns about Vietnam's human rights record.
The Department of State, the U.S. Commission on International Religious
Freedom, Amnesty International, the Committee to Protect Journalists,
and various Vietnamese-American groups have documented egregious
violations of religious freedom, human rights, and free speech in
Vietnam.
I have been a supporter of international trade. But I also know that
the Vietnamese Government would correct their behavior in order to
perfect a trading relationship with the United States. Given the
alarming human rights violations currently underway in Vietnam, it
seems a mistake for our country to grant PNTR to Vietnam without
requiring that the Vietnamese Government make significant improvements
in respecting human rights, free speech, and freedom of religion.
The United States of America has a long and honorable tradition of
safeguarding freedom and human rights throughout the world, especially
with our trading partners. We should not make an exception for Vietnam.
At a time when we are spending 8 to 10 billion dollars a month and
shedding the blood of our American servicemen and women proclaiming the
cause to be democracy for Iraq, how is it that we can fail to use our
mere economic leverage to try to achieve human rights in Vietnam?
Mr. WOLF. Mr. Speaker, I rise in opposition to this bill which would
grant permanent normal trade relations for the government of Vietnam.
Why are we here today ready to give Vietnam--a country with an
abysmal human rights record, which continues to abuse and oppress its
own people--favorable trade status?
I am strongly opposed to this action and urge defeat of this
legislation.
There are people in Vietnam right now, as we debate this bill, in
jail for their support of religious freedom, democracy, and freedom of
speech--universal freedoms on which our country was built. If someone
says they are for you, but do not want to be identified with you, how
much are they really for you? Are we for democracy and religious
freedom in Vietnam or are we more interested in promoting trade?
The answer to that question may lie in the incredible news just
announced today that the State Department has conveniently removed
Vietnam from its list of Countries of Particular Concern--a designation
stamped on countries with egregious violations of human rights and
religious freedom. Vietnam had been on the list in the company of
China, Eritrea, Iran, Myanmar, North Korea, Saudi Arabia and Sudan.
I stand with the dissidents who remain in jails across Vietnam
because they spoke out against human rights abuses being committed and
condoned by their own government. Mr. Speaker, I call on this House to
stand with the people of Vietnam who deserve our support as they seek
democracy and freedom from oppression.
Later this week the President will make a historic trip to Vietnam. I
have called on him to meet with Vietnamese human rights activists here
in the United States, and I have asked that he meet with dissidents in
Vietnam.

[[Page 21845]]

I have asked President Bush to stand with the dissidents in the way
that the Reagan administration did with regard to the Soviet Union. It
is unacceptable for the United States to encourage democracy and
respect for human rights and then fail to hold Vietnam to this standard
before granting them PNTR.
Earlier today there was a groundbreaking ceremony on the National
Mall to launch the memorial for Dr. Martin Luther King, Jr. I ask my
colleagues to think about Dr. King's words before voting on the
legislation before us: ``In the end we will remember not the words of
our enemies but the silence of our friends.''
If the Bush administration and this Congress want to be friends with
those fighting for democracy, religious freedom and an end to human
rights abuses, the silence should be broken. I call on the President
and our ambassador in Vietnam to meet with dissidents and to break the
silence about human rights abuses in Vietnam.
Mr. Speaker, our actions today are more than how much the U.S. will
trade with Vietnam. The decisions we make will reach the 83 million
Vietnamese people who are struggling to live in freedom. What will our
answer be for them?
Mr. SHAW. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Thomas) that the House suspend the rules
and pass the bill, H.R. 5602, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those voting have responded in the affirmative.
Mr. KUCINICH. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.

____________________

RECESS

The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess until approximately 6:20 p.m. today.
Accordingly (at 4 o'clock and 2 minutes p.m.), the House stood in
recess until approximately 6:20 p.m.

____________________

{time} 1827
AFTER RECESS

The recess having expired, the House was called to order at 6 o'clock
and 27 minutes p.m.

____________________

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication from
the Clerk of the House of Representatives:
Office of the Clerk,

U.S. House of Representatives,

Washington, DC, November 9, 2006.
Hon. J. Dennis Hastert,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
facsimile copy of a letter received from Ms. Ann McGeehan,
Director of Elections, State of Texas, indicating that,
according to the unofficial returns of the Special Election
held November 7, 2006, the Honorable Shelley Sekula Gibbs was
elected Representative in Congress for the Twenty-Second
Congressional District, State of Texas.
With best wishes, I am
Sincerely,
Karen L. Haas,
Clerk.

The State of Texas,

November 9, 2006.
Ms. Karen L. Haas,
Office of the Clerk, House of Representatives,
Washington, DC.
Dear Ms. Haas: Our office has been requested to provide you
with a letter as to the status of the special election for
the unexpired term for U.S. Congressional District 22. Based
on preliminary, unofficial election night returns reported to
our agency from counties within U.S. Congressional District
22, the winner of the special election for this seat appears
to be Shelley Sekula Gibbs. These results are not finalized
and do not reflect all military and overseas votes that could
still be counted, nor do they represent the official
canvassed total. Also attached are the unofficial results of
the other congressional special elections for full terms.
If you should have any questions, feel free to contact me.
Yours truly,
Ann McGeehan,
Director of Elections.

TEXAS SECRETARY OF STATE ROGER WILLIAMS RACE SUMMARY REPORT UNOFFICIAL
ELECTION TABULATION 2006 SPECIAL NOVEMBER ELECTIONS NOVEMBER 7, 2006
------------------------------------------------------------------------
Early Vote
voting (Percent) Total (Percent)
------------------------------------------------------------------------
U.S. Representative District 15: Multi County
Precincts Reported: 278 of 278--100.00%
Paul B. Haring--REP*........ 6,638 23.93 13,920 24.18
Ruben Hinojosa--Incumbent-- 16,561 59.70 35,346 61.39
DEM*.......................
Eddie Zamora--REP*.......... 4.543 16.38 8,311 14.43
----------- -----------
Total Votes Cast........ 27,742 57,577
U.S. Representative District 21: Multi County
Precincts Reported: 308 of 309--99.68%
Tommy Calvert--IND*......... 2.149 2.47 5,285 2.59
John Courage--DEM*.......... 23.463 23.71 49.909 24.45
Gene Kelly--DEM*............ 8.378 8.47 18,355 8.99
James Lyle Peterson--IND*... 930 0.94 2,198 1.08
Mark J. Rossano--IND*....... 590 0.60 1,443 0.71
Lamar Smith--Incumbent--REP* 61.550 62.19 122,880 60.19
James Arthur Strohm--LIB*... 1,605 1.62 4,085 2.00
----------- -----------
Total Votes Cast........ 98,65 204,155
U.S. Representative District 22--Unexpired Term: Multi County
Precincts Reported: 176 of 176--100.00%
Don Richardson--REP*........ 2,475 5.24 7,402 5.97
Shelley Sekula Gibbs--REP*.. 31.057 65.74 76,940 62.08
M. Bob Smither--LIB*........ 8,056 17.05 23,427 18.90
Steve Stockman--REP*........ 4,732 10.02 13,593 10.97
Giannibicego Hoa Tran--REP*. 92O 1.95 2,566 2.07
----------- -----------
Total Votes Cast........ 47.240 123,928
U.S. Representative District 23: Multi County
Precincts Reported: 326 of 326--100.00%
August G. ``Augie'' Beltran-- 1,185. 2.03 2,650 2.14
DEM*.......................
Rick Bolanos--DEM........... 1,028 1.76 2,563 2.07
Henry Bonilla--Incumbent-- 30,063 51.44 60,147 48.60
REP*.......................
Adrian Deleon--DEM*......... 843 1.44 2,198 1.78
Lukin Gilliland--DEM*....... 6,180 10.57 13,725 11.09
Ciro D. Rodriguez--DEM*..... 11,752 20.11 24,593 19.87
Craig T. Stephens--IND*..... 1,486 2.54 3,344 2.70
Albert Uresti--DEM*......... 5,907 10.11 14,529 11.74
----------- -----------
Total Votes Cast........ 58,444 123,749
U.S. Representative District 25: Multi County
Precincts Reported: 253 of 253--100.00%
Barbara Cunningham--LIB*.... 2,386 3.53 6,933 4.24
Lloyd Doggett--Incumbent-- 45,439 67.30 109,839 67.25
DEM*.......................
Brian Parrett--IND*......... 1,224 1.81 3,594 2.20
Grant Rostig--REP*.......... 18,467 27.35 42,956 26.30
----------- -----------

[[Page 21846]]

Total Votes Cast........ 67,516 163.322
U.S. Representative District 28: Multi County
Precincts Reported: 236 of 236--100.00%
Ron Avery--CON*............. 3,940 11.42 9,458 12.23
Henry Cuellar--Incumbent-- 23,121 67.04 52,339 67.68
DEM*.......................
Frank Enriquez--DEM*........ 7,427 21.54 15,531 20.08
----------- -----------
Total Votes Cast........ 34,488 77,328
------------------------------------------------------------------------
*CON--Constitution DEM--Democratic IND--Independent LIB--Libertarian
REP--Republican

____________________

PROVIDING FOR SWEARING IN OF THE HONORABLE SHELLEY SEKULA GIBBS, OF
TEXAS, AS A MEMBER OF THE HOUSE

Mr. HALL. Mr. Speaker, I ask unanimous consent that the gentlewoman
from Texas, Ms. Shelley Sekula Gibbs, be permitted to take the oath of
office today.
Her certificate of election has not arrived, but there is no contest
and no question has been raised with regard to her election.
The SPEAKER. Is there objection to the request of the gentleman from
Texas?
There was no objection.

____________________

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication from
the Clerk of the House of Representatives:

Office of the Clerk,

House of Representatives,

Washington, DC, November 8, 2006.
Hon. J. Dennis Hastert,
The Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: I have the honor to transmit herewith a
facsimile copy of a letter received from Ms. Donna Kelly,
Assistant Attorney General, State of New Jersey, indicating
that, according to the unofficial returns of the Special
Election held November 7, 2006, the Honorable Albio Sires was
elected Representative in Congress for the Thirteenth
Congressional District, State of New Jersey.
With best wishes, I am
Sincerely,
Karen L. Haas,
Clerk of the House.
Attachment.
____

Office of the Attorney General,

Dept. of Law and Public Safety,

Trenton, NJ, November 8, 2006.
Re Unofficial Results for the Special Election for the
Unexpired Term for the Thirteenth Congressional District.
Hon. Karen L. Haas,
Clerk of the House, House of Representatives, Washington; DC.
Dear Ms. Haas: Enclosed please find the unofficial results
for the Special Election held on November 7, 2006 for the
office of Member, House of Representatives, Thirteenth
Congressional District, State of New Jersey. These unofficial
results do not include the absentee or provisional ballot
totals. You are further advised that no challenge or recount
for this election is known at this time. The official results
for the election will be certified by the Board of State
Canvassers no later than December 5, 2006. Your office will
be provided with the original Certificate of Election upon
such certification.
If you have any question, please contact this office. Thank
you for your attention to this matter.
Sincerely yours,
Donna Kelly,
Assistant Attorney General.
(For Stuart Rabner, Attorney General of New Jersey).

UNOFFICIAL LIST--CANDIDATE RETURNS FOR UNEXPIRED TERM FOR NOVEMBER 2006 GENERAL ELECTION, THIRTEENTH
CONGRESSIONAL DISTRICT: ESSEX (PART)--HUDSON (PART)--MIDDLESEX (PART)--UNION (PART) COUNTIES
----------------------------------------------------------------------------------------------------------------
Name Address Party/Designation County Slogan Tally
----------------------------------------------------------------------------------------------------------------
Unexpired Term:
Albio Sires, P.O. Box 300, Democratic.......... Essex (part)........ Democratic.......... 9,516
West New York, NJ 07093.
Hudson (part)....... Democratic.......... 48,357
Middlesex (part).... Democratic.......... 218
Union (part)........ Democratic.......... 3,837
------------
Total...................... .................... .................... .................... 61,928
Dick Hester, 233 East Delavan Pro Life Essex (part)........ Pro Life 350
Ave., Newark, NJ 07104. Conservative. Conservative.
Hudson (part)....... Pro Life 1,391
Conservative.
Middlesex (part).... Pro Life 61
Conservative.
Union (part)........ Pro Life 190
Conservative.
------------
Total...................... .................... .................... .................... 1,992
----------------------------------------------------------------------------------------------------------------

Total Democrats--1
Total Republicans--0
Total Independents--1
Total Candidates--2

____________________

PROVIDING FOR SWEARING IN OF THE HONORABLE ALBIO SIRES, OF NEW JERSEY,
AS A MEMBER OF THE HOUSE

Mr. PALLONE. Mr. Speaker, I ask unanimous consent that the gentleman
from New Jersey, Mr. Albio Sires, be permitted to take the oath of
office today.
His certificate of election has not arrived, but there is no contest
and no question has been raised with regard to his election.
The SPEAKER. Is there objection to the request of the gentleman from
New Jersey?
There was no objection.

____________________

SWEARING IN OF THE HONORABLE SHELLEY SEKULA GIBBS, OF TEXAS, AND THE
HONORABLE ALBIO SIRES, OF NEW JERSEY, AS MEMBERS OF THE HOUSE

The SPEAKER. Will the Representatives-elect and the Members of their
respective delegations present themselves in the well.
The Representatives-elect will raise their right hand.
Ms. Sekula Gibbs and Mr. Sires appeared at the bar of the House and
took the oath of office, as follows:
Do you solemnly swear that you will support and defend the
Constitution of the United States against all enemies, foreign and
domestic; that you will bear true faith and allegiance to the same;
that you take this obligation freely, without any mental reservation or
purpose of evasion; and that you will well and faithfully discharge the
duties of the office on which you are about to enter, so help you God.
The SPEAKER. Congratulations. You are now Members of the 109th
Congress.

[[Page 21847]]

____________________

{time} 1830
WELCOMING THE HONORABLE SHELLEY SEKULA GIBBS TO THE HOUSE OF
REPRESENTATIVES

(Mr. BARTON of Texas asked and was given permission to address the
House for 1 minute.)
Mr. BARTON of Texas. Mr. Speaker, it is my privilege on behalf of the
Texas delegation to introduce to the 109th Congress the Honorable
Shelly Sekula Gibbs, Dr. Gibbs. She is a dermatologist in Houston,
Texas. She serves on the Houston City Council at large. She has been
active in the Ellington Field task force to help renovate that part of
Houston, Texas.
She is a fifth-generation Texan. She has two children, two
stepchildren, and, I think, three grandchildren. She is married to a
graduate of Waco High School, which is the high school that I graduated
from. She is going to do great honor to the 22nd Congressional District
of Texas for the rest of the 109th Congress and it is with a great deal
of personal Texas pride that I introduce to this body the Honorable
Shelley Sekula Gibbs.
Ms. SEKULA GIBBS. Mr. Speaker, I ask unanimous consent to address the
House for 1 minute.
The SPEAKER. Without objection, the gentlewoman is recognized.
There was no objection.
Ms. SEKULA GIBBS. Mr. Speaker, I thank the kind gentleman from Texas,
the dean of our Texas congressional delegation, for his remarks and the
warm welcome that I received here today. He is a wonderful example of
the type of Congress Member that I hope to emulate while serving in
this body.
Mr. Speaker, I would like to thank the great people of the 22nd
Congressional District who elected me for the confidence that they have
placed in me in representing their values and allowing me to serve them
for the remainder of the 109th Congress. I would also like to thank the
Speaker and the rest of my colleagues in the U.S. House of
Representatives. I look forward to getting to know them and to know
each of you and work on the initiatives that will help strengthen our
country.
Most of all, I would like to thank the volunteers and the hard
workers who have helped me, as well as my family and especially my
husband, Robert, who is joining us today, as well as my son, Michael.
Thanks to their unyielding support throughout the last 3 months of
our lives and those of my two daughters who are not here, Elyse and
Mallory, and all of the people who have worked so hard on my campaign,
I am now able to address this auspicious body.
During my time in the House of Representatives, I will ensure that my
constituents receive the first-rate representation that they deserve.
There are only a few weeks left until the session is over, and there is
much work to be done, but I will work with my colleagues to guarantee
that we do whatever is necessary to move this Nation forward and
address the critical issues facing our country, including health care--
as you would imagine, being a physician, I have very big concerns about
that--illegal immigration, and the war on terror.
Again to my colleagues in the House and all of those in public
service, I would like to thank you for your service to our country. I
am proud to be among you today, and, together, I am confident that we
will meet the challenges that the future will bring our great country.

____________________

WELCOMING THE HONORABLE ALBIO SIRES TO THE HOUSE OF REPRESENTATIVES

(Mr. PALLONE asked and was given permission to address the House for
1 minute.)
Mr. PALLONE. Mr. Speaker, it is my great pleasure and honor this
evening to introduce the newest member of our New Jersey delegation,
Albio Sires. Albio won a special election last week to fill the
remaining term of Senator Menendez, who won reelection to the Senate
last week. He was also elected to a full term and will be back with us
in January as well.
Albio comes to this House after serving as the mayor of West New York
and serving four terms in the New Jersey General Assembly, including
two terms as the assembly speaker. During his tenure in the assembly,
Albio championed legislation that increased the minimum wage in New
Jersey by $2. Albio also led the fight to help New Jersey families
better afford college for their children by creating the STARS program,
which offers full paid county and State college tuition scholarships to
thousands of New Jersey students.
As this Congress prepares to tackle both the minimum wage and college
affordability in January, Albio will be a strong voice on behalf of
working-class families. Albio was born in pre-Communist Cuba, but fled
with his family at age 12 to the United States. He was a star
basketball player in both high school and college, and I am sure he
would have no problem suiting up again as a member of the congressional
basketball team.
He also joins both me and Bill Delahunt as the only current Members
of Congress who earned a degree from Middlebury College in Vermont. He
is joined here today by his wife, Adrienne, his stepdaughter, Tara
Kole, and supporters from his new congressional district. Please join
me in welcoming Albio Sires to the House of Representatives.
Mr. SIRES. Mr. Speaker, I ask unanimous consent to address the House.
The SPEAKER. Without objection, the gentleman is recognized.
There was no objection.
Mr. SIRES. Mr. Speaker, I rise today to thank you and to thank Mr.
Pallone for those kind words. I would like to express my deep gratitude
to my wife, Adrienne, my stepdaughter, Tara, my friends and especially
my neighbors in the 13th Congressional District of New Jersey, who have
honored me by allowing me to represent them in Washington.
Mr. Speaker, when I left Cuba with my family 45 years ago, I could
never have envisioned that I would be standing on the floor of the
House of Representatives to give this speech. This day for me truly
embodies the promise of this Nation, the promise of its founders, the
promise of its many immigrant communities, the promise which means that
anyone, no matter the circumstances of birth or class, can rise to
become a Member of the greatest democratic body in history.
Mr. Speaker, it was the community of West New York that welcomed me
and my family so many years ago. I have tried, tried every day to give
back to my neighbors for their generosity, first as a teacher and a
coach, then as a mayor and as a State assemblyman. The people of the
13th District have provided me with the greatest privilege of all, to
represent them in the House of Representatives.
Mr. Speaker, I am aware of the honor and the privilege of serving in
the House of Representatives and the faith that my constituents have
placed in me by sending me here on their behalf. It is the trust of the
people of New Jersey that has enabled me to be here today, and I intend
to honor that trust every day that I serve as their representative.
Mr. Speaker, thank you very much.

____________________

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER. Under clause 5(d) of rule XX, the Chair announces to the
House that, in light of the administration of the oath to the
gentlewoman from Texas, Ms. Shelley Sekula Gibbs, and the gentleman
from New Jersey, Mr. Albio Sires, the whole number of the House is 433.

____________________

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore (Mr. Bonner). Pursuant to clause 8 of rule
XX, proceedings will resume on motions to suspend the rules previously
postponed.
Votes will be taken in the following order:
Concur in Senate amendment to H.R. 3085, by the yeas and nays;
S. 819, by the yeas and nays;
H.R. 5602, by the yeas and nays.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.

[[Page 21848]]

____________________

TRAIL OF TEARS STUDY ACT

The SPEAKER pro tempore. The pending business is the question of
suspending the rules and concurring in the Senate amendment to the
bill, H.R. 3085.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 3085, on
which the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 383,
nays 3, not voting 46, as follows:

[Roll No. 517]

YEAS--383

Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carter
Case
Castle
Chabot
Chocola
Clay
Cleaver
Clyburn
Coble
Conaway
Conyers
Cooper
Costa
Costello
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Emerson
English (PA)
Eshoo
Etheridge
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Forbes
Ford
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gerlach
Gingrey
Gonzalez
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hensarling
Herger
Herseth
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Hyde
Inslee
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNulty
Meehan
Meek (FL)
Melancon
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Musgrave
Myrick
Nadler
Napolitano
Neugebauer
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schmidt
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sekula Gibbs
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shuster
Simmons
Simpson
Sires
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Stark
Stearns
Stupak
Tauscher
Taylor (MS)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NAYS--3

Flake
Jones (NC)
Paul

NOT VOTING--46

Boozman
Burton (IN)
Carson
Chandler
Cole (OK)
Cubin
Doggett
Engel
Evans
Gallegly
Gibbons
Gilchrest
Gillmor
Gohmert
Goode
Gutierrez
Hefley
Higgins
Hostettler
Inglis (SC)
Israel
Jefferson
Lewis (KY)
McCaul (TX)
McKinney
Meeks (NY)
Murtha
Neal (MA)
Northup
Norwood
Osborne
Pickering
Pryce (OH)
Radanovich
Shimkus
Slaughter
Souder
Spratt
Strickland
Sullivan
Sweeney
Tancredo
Tanner
Taylor (NC)
Udall (NM)
Walsh

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes remaining in this vote.

{time} 1905

Mr. McNULTY changed his vote from ``nay'' to ``yea.''
So (two-thirds of those voting having responded in the affirmative)
the rules were suspended and the Senate amendment was concurred in.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________

PACTOLA RESERVOIR REALLOCATION AUTHORIZATION ACT OF 2005

The SPEAKER pro tempore. The pending business is the question of
suspending the rules and passing the Senate bill, S. 819.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Radanovich) that the House suspend the
rules and pass the Senate bill, S. 819, on which the yeas and nays are
ordered.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 387,
nays 0, not voting 45, as follows:

[Roll No. 518]

YEAS--387

[[Page 21849]]

Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNulty
Meehan
Meek (FL)
Melancon
Mica
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Musgrave
Myrick
Nadler
Napolitano
Neugebauer
Northup
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schmidt
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sekula Gibbs
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shuster
Simmons
Simpson
Sires
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Stark
Stupak
Tauscher
Taylor (MS)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)

NOT VOTING--45

Boozman
Burton (IN)
Carson
Chandler
Cubin
Doggett
Engel
Evans
Gallegly
Gibbons
Gilchrest
Gillmor
Gohmert
Goode
Granger
Gutierrez
Hefley
Higgins
Hostettler
Inglis (SC)
Israel
McCaul (TX)
McKinney
Meeks (NY)
Murtha
Neal (MA)
Norwood
Osborne
Pickering
Pryce (OH)
Radanovich
Rush
Shimkus
Slaughter
Souder
Spratt
Stearns
Strickland
Sullivan
Sweeney
Tancredo
Tanner
Taylor (NC)
Udall (NM)
Walsh

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes remaining in this vote.

{time} 1916

So (two-thirds of those voting having responded in the affirmative)
the rules were suspended and the Senate bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________

EXTENDING PERMANENT NORMAL TRADE RELATIONS TO VIETNAM

The SPEAKER pro tempore. The pending business is the question of
suspending the rules and passing the bill, H.R. 5602, as amended.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Thomas) that the House suspend the rules
and pass the bill, H.R. 5602, as amended, on which the yeas and nays
are ordered.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 228,
nays 161, not voting 43, as follows:

[Roll No. 519]

YEAS--228

Ackerman
Akin
Alexander
Allen
Andrews
Bachus
Baird
Baker
Bass
Bean
Beauprez
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boren
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown (SC)
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carter
Case
Castle
Chabot
Chocola
Clay
Clyburn
Cole (OK)
Conaway
Cooper
Costa
Cramer
Crenshaw
Crowley
Cuellar
Davis (AL)
Davis (CA)
Davis (FL)
Davis (KY)
Davis, Tom
DeGette
Delahunt
Dicks
Dingell
Doolittle
Drake
Dreier
Ehlers
Emanuel
Emerson
English (PA)
Eshoo
Etheridge
Farr
Ferguson
Flake
Forbes
Ford
Fossella
Frank (MA)
Frelinghuysen
Garrett (NJ)
Goodlatte
Gordon
Granger
Graves
Harman
Harris
Hart
Hastings (WA)
Hensarling
Herger
Herseth
Hinojosa
Hobson
Holt
Honda
Hooley
Hoyer
Hulshof
Hyde
Inslee
Issa
Istook
Jefferson
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Keller
Kennedy (MN)
Kind
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Larsen (WA)
Larson (CT)
Latham
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lowey
Lucas
Mack
Maloney
Manzullo
Marchant
Matheson
Matsui
McCarthy
McCollum (MN)
McCrery
McDermott
McGovern
McKeon
McMorris Rodgers
Meek (FL)
Mica
Miller (NC)
Miller, Gary
Miller, George
Moore (KS)
Moran (KS)
Moran (VA)
Musgrave
Myrick
Northup
Nunes
Nussle
Olver
Ortiz
Otter
Oxley
Pearce
Pelosi
Pence
Peterson (PA)
Petri
Platts
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Putnam
Ramstad
Rangel
Rehberg
Reichert
Reynolds
Rogers (KY)
Royce
Ruppersberger
Ryan (WI)
Ryun (KS)
Sabo
Schiff
Schmidt
Schwartz (PA)
Schwarz (MI)
Sekula Gibbs
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Shuster
Simmons
Simpson
Skelton
Smith (TX)
Smith (WA)
Snyder
Tauscher
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Udall (CO)
Upton
Van Hollen
Walden (OR)
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Young (AK)

NAYS--161

Abercrombie
Aderholt
Baca
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Becerra
Bishop (UT)
Boswell
Boucher
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Butterfield
Buyer
Cleaver
Coble
Conyers
Costello
Culberson
Cummings
Davis (IL)
Davis (TN)
Davis, Jo Ann
Deal (GA)
DeFazio
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doyle
Duncan
Edwards
Everett
Fattah
Feeney
Filner
Fitzpatrick (PA)
Fortenberry
Foxx
Franks (AZ)
Gerlach
Gingrey
Gonzalez
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutknecht
Hall
Hastings (FL)
Hayes
Hayworth
Hinchey
Hoekstra
Holden
Hunter
Inglis (SC)
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy (RI)
Kildee
Kilpatrick (MI)
King (IA)
Kucinich
Langevin
Lantos
LaTourette
Lee
Lewis (GA)
Lipinski
LoBiondo
Lofgren, Zoe
Lungren, Daniel E.
Lynch
Markey
Marshall
McCotter
McHenry
McHugh
McIntyre
McNulty
Meehan
Melancon
Michaud
Millender-McDonald
Miller (FL)
Miller (MI)
Mollohan
Moore (WI)
Murphy
Nadler
Napolitano
Oberstar
Obey
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Peterson (MN)
Pitts
Poe
Rahall
Regula
Renzi
Reyes
Rogers (AL)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Scott (GA)
Scott (VA)
Serrano
Sherman
Sherwood
Sires
Smith (NJ)
Sodrel
Solis
Stark
Stearns
Stupak
Taylor (MS)
Thompson (MS)
Tierney
Towns
Turner
Velazquez
Visclosky
Wamp
Waters
Weldon (FL)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (FL)

NOT VOTING--43

Boozman
Burton (IN)
Carson
Chandler
Cubin
Doggett
Engel
Evans
Gallegly
Gibbons
Gilchrest
Gillmor
Gohmert
Goode
Gutierrez
Hefley
Higgins
Hostettler

[[Page 21850]]

Israel
McCaul (TX)
McKinney
Meeks (NY)
Murtha
Neal (MA)
Neugebauer
Norwood
Osborne
Pickering
Pryce (OH)
Radanovich
Rush
Shimkus
Slaughter
Souder
Spratt
Strickland
Sullivan
Sweeney
Tancredo
Tanner
Taylor (NC)
Udall (NM)
Walsh

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are advised that 2
minutes remain in this vote.

{time} 1926

Mr. HALL and Mr. MILLER of Florida changed their votes from ``yea''
to ``nay''.
Mr. BISHOP of Georgia changed his vote from ``nay'' to ``yea''.
So (two-thirds of those voting having not responded in the
affirmative) the motion was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. STEARNS. Mr. Speaker, on rollcall No. 519, I was unavoidably
detained. Had I been present, I would have voted ``yea.''

____________________

PERSONAL EXPLANATION

Mr. BURTON of Indiana. Mr. Speaker, I was regrettably unable to be on
the House Floor for rollcall vote 517--passage of H.R. 3085--a bill to
amend the National Trails System Act to update the feasibility and
suitability study originally prepared for the Trail of Tears National
Historic Trail; rollcall vote 518--passage of S. 819--the Pactola
Reservoir Reallocation Authorization Act of 2005; and rollcall vote
518--passage of H.R. 5602--a bill to authorize the extension of
nondiscriminatory treatment (normal trade relations treatment) to the
products of Vietnam, and to establish a procedure for imposing quotas
on imports of subsidized textile and apparel products of Vietnam.
Had I been present I would have voted ``aye'' for rollcall vote 517,
``aye'' for rollcall vote 518, and ``no'' for rollcall vote 519.

____________________

REMOVAL OF NAME OF MEMBER AS COSPONSOR OF H.R. 1696

Mr. KUHL of New York. Mr. Speaker, I ask unanimous consent that my
name be removed as a cosponsor on H.R. 1696.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.

____________________

{time} 1930
UNIFIED REPUBLICANS

(Ms. FOXX asked and was given permission to address the House for 1
minute.)
Ms. FOXX. Mr. Speaker, although Republicans face new challenges in
the coming Congress, one thing is clear. We are unified in our
determination to pursue policies to strengthen our Nation and our
economy.
Republicans will continue to fight for complete victory in the global
war on terror and work to ensure that the intelligence community and
our troops have all the tools necessary to complete their mission.
Through Republican policies of providing the administration the tools
it needs to be successful in the war on terror, we helped defend our
Nation from another attack on American soil.
Republicans are unified in our ideals of tax relief for all Americans
to grow the economy and provide opportunities for every American to
prosper. As a direct result of the Republican tax relief policies,
unemployment is at 4.4 percent, there have been 38 consecutive months
of job creation, and wages have risen 2.4 percent over the last year.
These are undeniable accomplishments of the Republican-led Congress
that affect all Americans. Republicans provided tax breaks for American
families through the child tax credit and marriage tax penalty relief
and voted to kill the death tax.
Republican policies have made our Nation safer and stronger, and we
are unified in our fight to continue these successful policies.

____________________

LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted to:
Ms. Carson (at the request of Ms. Pelosi) for today on account of a
plane delay.
Mr. Chandler (at the request of Ms. Pelosi) for today and November 14
on account of official business.
Mr. Israel (at the request of Ms. Pelosi) for today.
Ms. McKinney (at the request of Ms. Pelosi) for today on account of
illness.
Mr. Tanner (at the request of Ms. Pelosi) for today and November 14
on account of official business.
Mr. Udall of New Mexico (at the request of Ms. Pelosi) for today and
November 14 and 15 on account of official business.
Mr. Osborne (at the request of Mr. Boehner) for today on account of
official business.
Mr. Shimkus (at the request of Mr. Boehner) for today and November 14
and November 15 until 2:30 p.m. on account of traveling with the NATO
Parliamentary Assembly.

____________________

SPECIAL ORDERS GRANTED

By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Ms. Sekula Gibbs) to revise
and extend their remarks and include extraneous material:)
Mr. Poe, for 5 minutes, November 14 and 15.
Ms. Ros-Lehtinen, for 5 minutes, November 15.
Mr. Hayworth, for 5 minutes, November 14.
Mr. Gingrey, for 5 minutes, November 15.

____________________

SENATE BILLS REFERRED

Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:

S. 1409. An act to amend the Safe Drinking Water Act
Amendments of 1996 to modify the grant program to improve
sanitation in rural and Native villages in the State of
Alaska, to the Committee on Energy and Commerce, in addition
to the Committee on Transportation and Infrastructure for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
S. 1726. An act to designate the facility of the United
States Postal Service located at 324 Main Street in
Grambling, Louisiana, as the ``Coach Eddie Robinson Post
Office Building''; to the Committee on Government Reform.
S. 3523. An act to amend the Internal Revenue Code of 1986
to provide that the Tax Court may review claims for equitable
innocent spouse relief and to suspend the running on the
period of limitations while such claims are pending; to the
Committee on Ways and Means.
S. 3526. An act to amend the Indian Land Consolidation Act
to modify certain requirements under that Act; to the
Committee on Resources.
S. 3845. An act to designate the facility of the United
States Postal Service located at 301 Commerce Street in
Commerce, Oklahoma, as the ``Mickey Mantle Post Office
Building''; to the Committee on Government Reform.
S. 3879. An act to implement the Convention on
Supplementary Compensation for Nuclear Damage, and for other
purposes, to the Committee on Energy and Commerce.
S. 3880. An act to provide the Department of Justice the
necessary authority to apprehend, prosecute, and convict
individuals committing animal enterprise terror; to the
Committee on the Judiciary.
S. 4044. An act to clarify the treatment of certain
charitable contributions under title 11, United States Code,
to the Committee on the Judiciary.

____________________

SENATE ENROLLED BILL SIGNED

The SPEAKER announced his signature to an enrolled bill of the Senate
of the following title:
S. 2464. An act to revise a provision relating to a
repayment obligation of the Fort McDowell Yavapai Nation
under the Fort McDowell Indian Community Water Rights
Settlement Act of 1990, and for other purposes.

____________________

ADJOURNMENT

Ms. SEKULA GIBBS. Mr. Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 7 o'clock and 38 minutes
p.m.), under its previous order, the House adjourned until tomorrow,
Tuesday, November 14, 2006, at 10 a.m., for morning hour debate.

[[Page 21851]]

____________________

OATH OF OFFICE MEMBERS, RESIDENT COMMISSIONER, AND DELEGATES

The oath of office required by the sixth article of the Constitution
of the United States, and as provided by section 2 of the act of May
13, 1884 (23 Stat. 22), to be administered to Members, Resident
Commissioner, and Delegates of the House of Representatives, the text
of which is carried in 5 U.S.C. 3331:
``I, AB, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am about
to enter. So help me God.''

has been subscribed to in person and filed in duplicate with the Clerk
of the House of Representatives by the following Member of the 109th
Congress, pursuant to the provisions of 2 U.S.C. 25:
Shelley Sekula Gibbs, Texas, Twenty-Second.

____________________

OATH OF OFFICE MEMBERS, RESIDENT COMMISSIONER, AND DELEGATES

____________________

EXECUTIVE COMMUNICATIONS, ETC.

Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:

9947. A communication from the President of the United
States, transmitting notification that the national emergency
with respect to Iran, as declared by Executive Order 12170 on
November 14, 1979, is to continue in effect beyond November
14, 2006, pursuant to 50 U.S.C. 1622(d); (H. Doc. No. 109-
150); to the Committee on International Relations and ordered
to be printed.
9948. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Sandel Avionics Incorporated Model
ST3400 Terrain Awareness Warning System/Radio Magenetic
Indicator (TAWS/RMI) Units Approved Under Technical Standards
Order(s) C113, C151a, or C151b; Installed on Various Small
and Transport Category Airplanes [Docket No. FAA-2006-24101;
Directorate Identifier 2005-NM-103-AD; Amendment 39-14718; AD
2006-16-18] (RIN: 2120-AA64) received November 7, 2006,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9949. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Rolls-Royce plc Models RB211 Trent
892, 884, 877, 875, and 892B Series Turbofan Engines [Docket
No. FAA-2006-25713; Directorate Identifier 97-ANE-09;
Amendment 39-14780; AD 97-06-13R1] (RIN: 2120-AA64) received
November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9950. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Raytheon Aircraft Company Models
1900, 1900C, and 1900D Airplanes [Docket No. FAA-2006-25760;
Directorate Identifier 2006-CE-48-AD; Amendment 39-14757; AD
2006-18-51] (RIN: 2120-AA64) received November 7, 2006,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9951. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; BAE Systems (Operations) Limited
Model ATP Airplanes [Docket No. FAA-2006-25721; Directorate
Identifier 2006-NM-132-AD; Amendment 39-14748; AD 2006-18-09]
(RIN: 2120-AA64) received November 7, 2006, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9952. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Empresa Brasiliera de Aeronautica
S.A. (EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes
[Docket No. FAA-2005-22033; Directorate Identifier 2004-NM-
218-AD; Amendment 39-14391; AD 2005-24-11] (RIN: 2120-AA64)
received November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
9953. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 737-200, -300, -400, -
500 Series Airplanes Equipped with an Auxiliary Fuel System
Installed in Accordance with Supplemental Type Certificate
(STC) SA83NE, SA1078NE, ST0004NY, or ST01337NY [Docket No.
FAA-2006-25746; Directorate Identifier 2006-NM-151-AD;
Amendment 39-14750; AD 2006-18-11] (RIN: 2120-AA64) received
November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9954. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Stemme GmbH & Co. KG Model STEMME
S10-VT Sailplanes [Docket No. FAA-2006-25689; Directorate
Identifier 2006-CE-45-AD; Amendment 39-14765; AD 2006-19-08]
(RIN: 2120-AA64) received November 7, 2006, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9955. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; General Electric Company CF34-10E
Series Turbofan Engines [Docket No. FAA-2006-25896;
Directorate Identifier 2006-NE-33-AD; Amendment 39-14775; AD
2006-20-06] (RIN: 2120-AA64) received November 7, 2006,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9956. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Rolls-Royce plc RB211 Series
Turbofan Engines [Docket Ni. FAA-2006-25584; Directorate
Identifier 2000-NE-62-AD; Amendment 39-14733; AD 2006-17-12]
(RIN: 2120-AA64) received November 7, 2006, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9957. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bombardier Model CL-600-2B19
(Regional Jet Series 100 & 440) Airplanes [Docket No. FAA-
2006-25657; Directorate Identifier 2006-NM-187-AD; Amendment
39-14735; AD 2006-17-14] (RIN: 2120-AA64) received November
7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
9958. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Pratt & Whitney PW4077D, PW4084D,
PW4090, and PW4090-3 Turbofan Engines [Docket No. FAA-2006-
24034; Directorate Identifier 2006-NE-05-AD; Amendment 39-
14729; AD 2006-17-08] (RIN: 2120-AA64) received November 7,
2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9959. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bombardier Model DHC-8-100, DHC-8-
200, and DHC-8-300 Series Airplanes [Docket No. FAA-2006-
24290; Directorate Identifier 2005-NM-243-AD; Amendment 39-
14731; AD 2006-17-10] (RIN: 2120-AA64) received November 7,
2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9960. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 767-400ER Series
Airplanes and Model 777-200 and -300 Series Airplanes [Docket
No. FAA-2005-21713; Directorate Identifier 2005-NM-085-AD;
Amendment 39-14732; AD 2006-17-11] (RIN: 2120-AA64) received
November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9961. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; RECARO Aircraft Seating GmbH & Co.
(RECARO) Model 3410 Seats [Docket No. FAA-2005-22876;
Directorate Identifier 2005-NE-39-AD; Amendment 39-14734; AD
2006-17-13] (RIN: 2120-AA64) received November 7, 2006,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.

[[Page 21852]]

9962. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; McDonnell Douglas Model DC-10-10
and DC-10-10F Airplanes; and Model MD-10-10F Airplanes
[Docket No. FAA-2006-24999; Directorate Identifier 2006-NM-
060-AD; Amendment 39-14736; AD 2006-17-15] (RIN: 2120-AA64)
received November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
9963. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Fokker Model F.28 Mark 0070 and
0100 Airplanes [Docket No. FAA-2006-24959; Directorate
Identifier 2005-NM-258-AD; Amendment 39-14737; AD 2006-17-16]
(RIN: 2120-AA64) received November 7, 2006, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9964. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bombardier Model DHC-8-100, DHC-8-
200, DHC-8-300, and DHC-8-400 Series Airplanes [Docket No.
FAA-2006-24979; Directorate Identifier 2006-NM-014-AD;
Amendment 39-14738; AD 2006-17-17] (RIN: 2120-AA64) received
November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9965. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; MD Helicopters, Inc. Model MD900
Helicopters [Docket No. FAA-2006-24631; Directorate
Identifier 2005-SW-01-AD; Amendment 39-14739; AD 2006-18-01]
(RIN: 2120-AA64) received November 7, 2006, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9966. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; McDonnell Douglas Model DC-9-10, -
20, -30, -40, and -50 Series Airplanes [Docket No. FAA-2006-
24368; Directorate Identifier 2005-NM-230-AD; Amendment 39-
14740; AD 2006-18-02] (RIN: 2120-AA64) received November 7,
2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9967. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Empresa Brasiliera de Aeronautica
S.A. (EMBRAER) Model EMB-145XR Airplanes [Docket No. FAA-
2006-24439; Directorate Identifier 2006-NM-039-AD; Amendment
39-14741; AD 2006-18-03] (RIN: 2120-AA64) received November
7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
9968. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Pratt & Whitney JT8D-1, -1A, -1B, -
7, -7A, -7B, -9, -9A, -11. -15, -15A, -17, -17A, -17R, -17AR,
-209, -217, -217A, -217C, and -219 Turbofan Engines [Docket
No. 2001-NE-30-AD; Amendment 39-14728; AD 2006-17-07] (RIN:
2120-AA64) received November 7, 2006, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9969. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bombardier Model CL-600-2B16 (CL-
604) Airplanes and Model CL-600-2B19 (Regional Jet Series 100
& 440) Airplanes [Docket No. FAA-2006-25724; Directorate
Identifier 2006-NM-197-AD; Amendment 39-14742; AD 2006-18-04]
(RIN: 2120-AA64) received November 7, 2006, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9970. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Modification of Legal Description of Class D and E Airspace;
Fairbanks, Fort Wainwright Army Airfield, AK [Docket No. FAA-
2006-24813; Airspace Docket No. 06-AAL-16] received November
7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
9971. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Revocation of Class E2 Surface Area; Elko, NV [Docket No.
FAA-2006-25252; Airspace Docket No. 06-AWP-12] (RIN: 2120-
AA64) received November 7, 2006, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9972. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Modification of Legal Description of Class D and E Airspace;
Fairbanks, Fort Wainwright Army Airfield, AK [Docket No. FAA-
2006-24813; Airspace Docket No. 06-AAL-16] received November
7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
9973. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Establishment of a Class E Enroute Domestic Airspace Area,
San Louis Obispo, CA [Airspace Docket No. 05-AWP-12] received
November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9974. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Modification of Class E Airspace; Pierre, SD [Docket No. FAA-
2006-24449; Airspace Docket No. 06-AGL-03] received November
7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
9975. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Revision of Class E Airspace; Barter Island, AK [Docket No.
FAA-2006-23714; Airspace Docket No. 06-AAL-07] received
November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9976. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Modification of Class E Airspace; Chamberlain, SD [Docket No.
FAA-2006-24450; Airspace Docket No. 06-AGL-04] received
November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9977. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Establishment of Class E Airspace; Butler, GA [Docket No.
FAA-2006-25392; Airspace Docket No. 06-ASO-10] received
November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9978. A letter from the Program Analyst, FAA, Department of
Transportation, transmitting the Department's final rule --
Modification of Class E Airspace; Lake Ozark, MO [Docket No.
FAA-2006-25008; Airspace Docket No. 06-ACE-6] received
November 7, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9979. A letter from the Trial Attorney, Federal Railroad
Administration, Department of Transportation, transmitting
the Department's final rule -- Occupational Noise Exposure
for Railroad Operating Employees [Docket No. FRA 2002-12357,
Notice No. 2] (RIN: 2130-AB56) received November 7, 2006,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.

____________________

PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XII, public bills and resolutions were
introduced and severally referred, as follows:

By Mr. SKELTON (for himself, Mr. Andrews, Mr.
Abercrombie, Mrs. Tauscher, Mr. Cooper, Mr. Ortiz,
Mr. Smith of Washington, Mr. Larsen of Washington,
Ms. Bordallo, Mr. Marshall, Mr. Boren, and Mr. Udall
of Colorado):
H.R. 6313. A bill to expand the oversight and accounting
authority of the Office of the Special Inspector General for
Iraq Reconstruction over funds appropriated for the Iraq
Security Forces Fund and to restore a termination date for
the Office based on the percentage of expenditures from the
Iraq Relief and Reconstruction Fund and the Iraq Security
Forces Fund; to the Committee on Armed Services, and in
addition to the Committee on International Relations, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BUYER:
H.R. 6314. A bill to amend title 38, United States Code, to
extend certain expiring provisions of law and to expand
eligibility for the Survivors' and Dependents' Educational
Assistance program; to the Committee on Veterans' Affairs.
By Mr. ANDREWS:
H.R. 6315. A bill to afford students and parents with
private civil remedies for the violation of their privacy
rights under the General Education Provisions Act; to the
Committee on Education and the Workforce, and in addition to
the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. BAIRD:
H.R. 6316. A bill to extend through December 31, 2008, the
authority of the Secretary of the Army to accept and expend
funds contributed by non-Federal public entities to expedite
the processing of permits; to the Committee on Transportation
and Infrastructure.
By Mr. GERLACH:
H.R. 6317. A bill to amend the Internal Revenue Code of
1986 to impose an excise tax on any tax-exempt organization
which accepts any contribution which may be used to relocate
property held by the organization if the relocation is
contrary to the intent of the donor of the property; to the
Committee on Ways and Means.
By Mr. LYNCH:
H.R. 6318. A bill to implement the recommendations of the
Office of the Special Inspector General for Iraq
Reconstruction to ensure that the Department of Defense
properly accounts for all small arms weapons

[[Page 21853]]

procured by the Department of Defense for use by the Iraqi
Security Forces; to the Committee on Armed Services.
By Mr. LYNCH:
H.R. 6319. A bill to require the Secretary of Veterans
Affairs to establish centers to provide enhanced services to
veterans with amputations and prosthetic devices, and for
other purposes; to the Committee on Veterans' Affairs.
By Mr. THOMAS:
H.R. 6320. A bill to create an additional judgeship for the
eastern district of California, and for other purposes; to
the Committee on the Judiciary.
By Mr. CLAY (for himself, Mr. Blunt, Mr. Tanner, Mr.
Costello, Mr. Skelton, Mr. Carnahan, Mr. Shimkus, Mr.
Hulshof, Mr. Cleaver, Mr. Graves, Mrs. Emerson, Mr.
Barrow, Mr. Ford, Ms. Velazquez, Mr. Grijalva, Mr.
Gene Green of Texas, Mr. Becerra, Mr. Ross, Mr.
Berry, Mr. Cooper, Mr. Moore of Kansas, Mr. Filner,
Mr. Pascrell, Mrs. Tauscher, Mrs. Capps, Mr. Larson
of Connecticut, Mr. Capuano, Mr. Lynch, Mr. Tierney,
Ms. Waters, Mr. Delahunt, Mr. Hoyer, Ms. Jackson-Lee
of Texas, Mr. Ortiz, Mr. Pallone, Mr. Abercrombie,
Mr. Emanuel, Mrs. Jones of Ohio, Ms. Solis, Ms. Eddie
Bernice Johnson of Texas, Mr. Cuellar, Mr. Davis of
Alabama, Mr. Cummings, Mr. Watt, Mr. Wynn, Mr. Scott
of Georgia, Mr. Jones of North Carolina, Mr. Schiff,
Mr. Wexler, Ms. Wasserman Schultz, and Mr. Rangel):
H. Res. 1078. A resolution congratulating the St. Louis
Cardinals on winning the 2006 World Series; to the Committee
on Government Reform.
By Mr. KIND:
H. Res. 1079. A resolution recognizing and celebrating the
commitment of the Student Conservation Association to the
United States' national parks and public lands; to the
Committee on Resources.

____________________

ADDITIONAL SPONSORS TO PUBLIC BILLS AND RESOLUTIONS

Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:

H.R. 354: Mr. Murtha.
H.R. 363: Mrs. Napolitano.
H.R. 517: Mr. Michaud.
H.R. 550: Mr. Tanner and Mr. Langevin.
H.R. 583: Mr. Hulshof and Mr. Etheridge.
H.R. 699: Mr. Nadler, Mr. Engel, and Mrs. Biggert.
H.R. 807: Mr. McCotter.
H.R. 814: Mr. Tom Davis of Virginia.
H.R. 874: Mr. Shadegg and Mr. Gibbons.
H.R. 898: Mr. Jindal.
H.R. 998: Mr. Jones of North Carolina.
H.R. 1078: Mr. Costello.
H.R. 1175: Mr. Stark.
H.R. 1227: Mr. Pitts and Mr. Salazar.
H.R. 1249: Mr. Murtha and Ms. Schwartz of Pennsylvania.
H.R. 1298: Mr. McIntyre, Mr. Ehlers, Ms. Eshoo, Mr. Walsh,
and Mr. Pitts.
H.R. 1426: Mr. Gillmor.
H.R. 1582: Mr. Engel.
H.R. 1632: Mr. Lynch.
H.R. 1950: Mrs. Drake.
H.R. 2051: Mr. Ehlers.
H.R. 2103: Mrs. McCarthy.
H.R. 2239: Mr. Petri.
H.R. 2421: Mr. Gohmert, Mr. Kuhl of New York, Mr. Wicker,
Mr. Moran of Kansas, Mr. McCaul of Texas, Ms. Bordallo, Mr.
Taylor of North Carolina, Mr. Pallone, Mr. Leach, Mrs. Miller
of Michigan, Mr. Hall, Mr. Wu, Mrs. Capps, Mr. Al Green of
Texas, Mr. Serrano, Ms. Carson, and Ms. Slaughter.
H.R. 2568: Mr. Reyes, Mr. Platts, and Mr. Moran of Kansas.
H.R. 2719: Mr. Chandler and Mr. Fitzpatrick of
Pennsylvania.
H.R. 2793: Mr. Andrews.
H.R. 2861: Mr. Pascrell, Mr. Hall, Mr. Leach, and Mr.
Michaud.
H.R. 2989: Mr. McHugh.
H.R. 3019: Mr. Nussle.
H.R. 3159: Mr. Waxman.
H.R. 3255: Mrs. McMorris Rodgers.
H.R. 3380: Ms. McCollum of Minnesota.
H.R. 3617: Mrs. Musgrave.
H.R. 3628: Mr. Kucinich.
H.R. 3762: Mr. Wynn.
H.R. 3949: Mr. LoBiondo.
H.R. 3954: Mr. Salazar, Ms. Schwartz of Pennsylvania, Mr.
Marshall, and Mr. Engel.
H.R. 4033: Mrs. Myrick, Mrs. Bono, Mr. Wolf, Ms. Kaptur,
and Mr. Hunter.
H.R. 4042: Mr. Bishop of Georgia and Mr. Reyes.
H.R. 4098: Mr. Costello.
H.R. 4188: Ms. Eshoo.
H.R. 4341: Mr. McCrery and Mr. Jefferson.
H.R. 4597: Ms. Schakowsky.
H.R. 4672: Ms. DeGette.
H.R. 4727: Ms. Moore of Wisconsin and Mr. Serrano.
H.R. 4747: Ms. Linda T. Sanchez of California and Mr. Clay.
H.R. 4824: Ms. Baldwin, Mrs. Emerson, Mr. Moran of Kansas,
Mr. McIntyre, and Mrs. Kelly.
H.R. 4903: Mr. Baca, Ms. Matsui, and Mr. Reyes.
H.R. 5022: Mr. Taylor of North Carolina and Mr. Allen.
H.R. 5072: Mr. Berry.
H.R. 5119: Ms. Eddie Bernice Johnson of Texas.
H.R. 5179: Mr. Platts and Mr. Conaway.
H.R. 5200: Mr. Langevin and Mr. Watt.
H.R. 5225: Mr. Lewis of Georgia.
H.R. 5247: Mr. Hastings of Florida, Mr. Waxman, Mr.
Doggett, and Mr. Weiner.
H.R. 5416: Mr. Jindal and Mr. Rush.
H.R. 5465: Mr. Butterfield and Mr. Clay.
H.R. 5501: Ms. Jackson-Lee of Texas.
H.R. 5550: Mr. Waxman.
H.R. 5554: Mr. Boren.
H.R. 5555: Mr. Everett.
H.R. 5624: Mr. Towns, Mr. Lynch, and Mr. Cummings.
H.R. 5635:. Mr. Frank of Massachusetts, Mr. Higgins, Mr.
Salazar, and Mr. Costello.
H.R. 5674: Mr. Filner.
H.R. 5707: Mr. McCotter.
H.R. 5757: Mr. Ruppersberger and Mr. Waxman.
H.R. 5772: Mr. Waxman and Mr. Hall.
H.R. 5829: Mr. Kucinich.
H.R. 5836: Mr. Etheridge and Mr. Smith of Washington.
H.R. 5855: Mr. Lewis of Georgia, Mr. Honda, and Mr.
Carnahan.
H.R. 5878: Mr. Hastings of Florida.
H.R. 5887: Mr. Kennedy of Rhode Island.
H.R. 5888: Mr. Hayworth, Mr. Salazar, Ms. Moore of
Wisconsin, Mr. Baird, Mrs. McCarthy, Mr. Shays, and Mr.
Burton of Indiana.
H.R. 5894: Mr. Kennedy of Rhode Island, Mr. Stark, and Mrs.
Kelly.
H.R. 5897: Mr. Etheridge and Mr. Serrano.
H.R. 5905: Mr. Frank of Massachusetts.
H.R. 5906: Mr. Wynn, Mr. Smith of New Jersey, Mr. Price of
North Carolina, and Mr. Kennedy of Rhode Island.
H.R. 5959: Mr. Grijalva.
H.R. 5967: Ms. Foxx and Mrs. Blackburn.
H.R. 5983: Mr. Rothman.
H.R. 5991: Mr. Stark.
H.R. 5996: Ms. Jackson-Lee of Texas.
H.R. 6046: Mr. Rothman.
H.R. 6053: Mr. Goode, Mr. Simmons, and Mr. Case.
H.R. 6093: Ms. Jackson-Lee of Texas, Mr. Michaud, Mr.
Bradley of New Hampshire, Mr. Goode, Mr. Jones of North
Carolina, and Mr. Leach.
H.R. 6096: Mr. Frank of Massachusetts.
H.R. 6132: Mr. Etheridge and Mr. Wynn.
H.R. 6133: Mr. Boucher.
H.R. 6147: Mr. Hinojosa, Mr. McNulty, Mr. Marshall, Mr.
Rothman, Mr. Gordon, and Mr. Boucher.
H.R. 6155: Mr. Bishop of Utah, Mr. Marchant, and Mr. Burton
of Indiana.
H.R. 6175: Mr. Kennedy of Rhode Island and Mr. Cummings.
H.R. 6178: Mr. Lynch.
H.R. 6184: Ms. Jackson-Lee of Texas.
H.R. 6187: Ms. Schakowsky, Mrs. Davis of California, and
Mr. Rothman.
H.R. 6191: Mr. George Miller of California.
H.R. 6210: Mr. Simmons.
H.R. 6212: Mr. Towns.
H.R. 6215: Mr. Payne.
H.R. 6227: Mr. Frank of Massachusetts.
H.R. 6235: Mr. Frank of Massachusetts.
H.R. 6242: Mr. Shuster.
H.J. Res. 96: Mr. Boucher and Mr. McHenry.
H. Con. Res. 340: Mr. Tiberi and Mr. Franks of Arizona.
H. Con. Res. 343: Mr. Towns.
H. Res. 548: Mr. Ramstad.
H. Res. 759: Mr. Tom Davis of Virginia, Ms. Jackson-Lee of
Texas, and Mr. Garrett of New Jersey.
H. Res. 822: Mr. Leach.
H. Res. 964: Mr. Shays, Mr. Stupak, and Mrs. Maloney.
H. Res. 977: Mr. Peterson of Minnesota.
H. Res. 993: Mr. Inglis of South Carolina, Mr. Ehlers, Mr.
Honda, Mr. Smith of Texas, and Ms. Jackson-Lee of Texas.
H. Res. 1051: Mr. Towns.
H. Res. 1063: Mr. McNulty, Mr. Holt, Ms. Jackson-Lee of
Texas, Mr. McDermott, Mr. Bishop of New York, Mr. Conyers,
and Mrs. Maloney.

____________________

DELETIONS OF SPONSORS FROM PUBLIC BILLS AND RESOLUTIONS

Under clause 7 of rule XII, sponsors were deleted from public bills
and resolutions as follows:

H.R. 1696: Mr. Kuhl of New York.

[[Page 21854]]

SENATE--Monday, November 13, 2006

The Senate met at 2 p.m. and was called to order by the Honorable
John E. Sununu, a Senator from the State of New Hampshire.
______

prayer

The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Eternal spirit, who has made and preserved us as a Nation, You are
the same yesterday, today, and forever. In these changing times, help
us to fix our gaze on You, the changeless one. Remind us that You are
the one who places leaders in positions of power and responsibility,
and that to whom much is given, much is required.
As this Nation gathers itself for the challenging work ahead, give us
Your wisdom. Let that wisdom guide the Members of the U.S. Senate to
accomplish the most good for the most people. Remove from the lives of
our lawmakers obstructions that prevent them from doing Your will. We
pray in Your sovereign name. Amen.

____________________

PLEDGE OF ALLEGIANCE

The Honorable John E. Sununu led the Pledge of Allegiance, as
follows:

I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.

____________________

APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Stevens).
The assistant legislative clerk read the following letter:

U.S. Senate,

President pro tempore,

Washington, DC, November 13, 2006.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
John E. Sununu, a Senator from the State of New Hampshire, to
perform the duties of the Chair.
Ted Stevens,
President pro tempore.

Mr. SUNUNU thereupon assumed the chair as Acting President pro
tempore.

____________________

RESERVATION OF LEADER TIME

The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.

____________________

MORNING BUSINESS

The ACTING PRESIDENT pro tempore. Under the previous order, there
will be a period for the transaction of morning business with Senators
permitted to speak up to 10 minutes each.

____________________

RECOGNITION OF THE MAJORITY LEADER

The ACTING PRESIDENT pro tempore. The majority leader is recognized.

____________________

SCHEDULE

Mr. FRIST. Mr. President, I have a few announcements and then the
Democratic leader may want to respond to those and then I will have a
brief statement. I know he has a statement following that.
Today we return to begin the process of finishing our work for the
109th Congress. This afternoon we will begin consideration of the
Military Construction and Veterans Affairs appropriations bill. Senator
Hutchison will be here around 3 o'clock today to begin consideration of
that bill with opening statements. Although we do not have any rollcall
votes today, I hope the chairman and ranking member will work together
to reach an agreement for completion of that bill during tomorrow's
session.
Over the course of the next several days, we have orientation events
for Senators-elect for the 110th Congress. We will be welcoming them a
little bit later tonight at a dinner that formally kicks off that
orientation meeting. We will also have our leadership elections this
week and policy luncheons as well. Those will be on Tuesday and
Wednesday. The Democratic elections will occur Tuesday morning,
followed by their Democratic policy luncheon, and on this side of the
aisle we will proceed with our elections on Wednesday morning, with our
policy luncheon to follow that afternoon. Given this schedule, our
first vote will likely occur sometime Tuesday--late Tuesday afternoon.
We do hope to finish the military construction bill on Tuesday
afternoon.
This week we will also consider a short-term continuing resolution.
The current CR expires on Friday, and we need to pass a further
resolution as soon as we possibly can. I have talked to the Democratic
leader about this and we hope we will act on this quickly.
This week we will also work toward agreements and passage of the
Vietnam normal trade relations legislation and the U.S.-India nuclear
agreement, as well as other appropriations measures that can be
considered. We will keep Members apprised as we schedule these and
other matters as we move through the week.
Mr. REID. Mr. President, the majority leader and I have had a number
of conversations and we think this should be a productive week. There
will naturally be a number of interruptions, but we have our minds on
completing the appropriations bill and finishing the very important
nuclear agreement with the largest democracy in the world: India. We
want to do it now for a number of reasons, not the least of which is
the President is leaving in the next few days for Vietnam and we want
to see if that can be completed with a minimum amount of debate and
amendments. We are confident and hopeful that can be done.

____________________

RECENT ELECTIONS AND LOOKING AHEAD

Mr. FRIST. Mr. President, I want to take a moment to comment on the
recent elections and then a very brief look ahead. First, let me remind
my colleagues in every year that we have waged war, our troops have
fought to uphold certain ideals: the ideals of democracy, of liberty,
and of freedom. They are those very same principles upon which this
Nation was founded in 1776 and they are the principles we strive to
live by today in 2006. We saw that play out in last week's election, a
natural manifestation of those ideals. We saw democracy at work, an
opportunity for the American people to speak, to influence Government.
So while I, of course, was disappointed in the outcome, we are not
discouraged, and people come back today not discouraged because, as I
have said, this election was democracy at work.
Change can be tough. Change opens the door, however, to new
opportunity, and with that new opportunity comes new hopes. The
American people have spoken and now is the time for us to move forward
together. That is a very powerful message from the American people:
Move forward and move forward together.
For a number of my colleagues--and I think of this as I mention the
orientation program that begins for our new colleagues for the next
Congress--moving forward means concentrating in part on paving the way
for their successors. For them, it is a time of transition. The next
few weeks, the last of the 109th Congress, will be my final weeks
serving as a Senator, but as most everyone knows, I self-limited my
time as a Senator 12 years ago, so I have known every day--every day
for the last 12 years--that I would be departing this body next month,
and it

[[Page 21855]]

did help me to keep focused. It kept me grounded in the fact that those
of us serving here only occupy our positions of service and that we
don't own those positions. As Senate majority leader, my job is to
focus on finishing the business of the 109th Congress, and that is
where I will be concentrating my efforts.
As I look back on this Congress, the Republican majority has
accomplished many things of which I am very proud. We submitted the tax
cuts for every American which have helped to create 6 million jobs in
the last 3 years. We have waged a bold war on terror, which has
prevented every potential terror attack on our soil right here in this
country over the past 5 years. We have given seniors prescription drug
coverage through Medicare for the first time, affordable prescription
drug coverage. We confirmed outstanding judicial nominees, including
two Supreme Court justices. We passed a forward-looking energy bill. We
strengthened our commitment to fighting HIV/AIDS here at home and
around the world. We have eliminated frivolous class action lawsuits.
And we did all of this in one of the most challenging partisan
political environments ever.
But as we move forward--and that really does officially begin today--
we begin with finishing the business of the 109th Congress, and we must
work together to overcome that partisanship we have seen in the past,
that crippling partisanship that has plagued us in the recent past.
America wants results and America wants solutions, and it is with that
focus we enter the waning days of the 109th Congress. We must return to
an era of working together in a civil, bipartisan fashion. It is my
hope both parties, Republicans and Democrats, will work toward
governing together to produce those solutions, to produce those
tangible results for the American people. That begins here, and it
begins now.
This week the Senate agenda will focus, as we mentioned earlier, on
completing the remaining appropriations bills, and in the days and in
the weeks ahead, we will consider the nomination of Bob Gates as
Secretary of Defense and, as we just stated, the Vietnam trade
legislation and the U.S.-India civilian nuclear technology bill. Each
of us has many ideas to contribute to the discourse and I know we will
continue to do that. We must build on our successes, the successes that
make America the best place--the best place--to raise a family, the
best place to start a business, and the best place to get and keep a
job. Now is the time for us to get back to work.

____________________

RECOGNITION OF THE MINORITY LEADER

The ACTING PRESIDENT pro tempore. The Democratic leader is
recognized.

____________________

MOVING FORWARD

Mr. REID. Mr. President, the elections are over. It is time for us to
move forward. It is time to move forward and, in working together,
begin the process of moving our great country forward.
Last week the American people spoke for change. In the months ahead,
Senate Democrats will fight for change. We are going to focus on three
priorities, including bipartisanship. We have to work together. We
can't accomplish anything as Democrats standing alone. As has been
shown, the Republicans couldn't accomplish anything standing alone. We
need to work together to pass legislation on a bipartisan basis and
send it to the White House. We must have open government--a new word:
``transparency''--and we have to have results. Bipartisanship is great.
But if people don't see what we are doing and there are no results, it
is not as it should be.
We have a lot of challenges: health care, energy, the economy,
including these deficits we have; Iraq. We need to restore checks and
balances. Last Wednesday or Thursday I met a lot of press people in the
audience and I said to each of them: I will bet most of you here have
never watched a congressional conference in session, a conference
committee meeting. It is true. We haven't had one. That is what we used
to do here. We used to have them for a couple of hundred years, and for
a couple of decades I was involved in them. But during the last at
least 6 years, we haven't had any--a conference where we have a House
bill and a Senate bill and we have an open meeting, and Republicans
make suggestions on how the bill could be made better, and Democrats
make suggestions, and there is a vote taken publicly. We haven't done
that, and that is not good. We need to do that. That is what I am
talking about, open government, these checks and balances our Founding
Fathers set forth in that document we call the Constitution, three
separate, equal branches of government.
I commend the distinguished majority leader. We worked together here
in the Senate to come up with the most significant lobbying and ethics
reform in a quarter of a century--since Watergate, actually. We passed
that. We passed it on a bipartisan basis. We included not only lobby
and ethics reform; we had, as a result of a number of Senators led by
Dianne Feinstein, a provision in there dealing with earmarks, to make
earmarks more transparent. The bill we passed out of here slowed the
revolving door between government employees and lobbyists and
eliminated gifts paid for by lobbyists and substantially expanded
disclosure by lobbyists. It limited privately funded travel in many
instances, and required more disclosure. It stopped dead-of-the-night
legislating regarding open meetings. We did this. We should all feel
good about what we accomplished in this regard. But, sadly, it went to
the House and that was the end of it. So I would hope before the
distinguished majority leader ends his career as a Senator, which has
been a markedly significant career, that we can do that. It should be
the law of the land, and hopefully it will be in the next couple
months.
Finally, this Senate and we Democrats will do our very best to focus
our energies on the challenges facing our country and take concrete
steps to protect our country and help working families get ahead. For
too long families have struggled with high health care costs while the
big drug companies haven't struggled. I am glad they have not had to
struggle, but I think we need to have a more even playing field--
especially with insurance companies. For too long, ranchers in Nevada
and farmers all across this country have struggled to fill their tanks
with gas and to have enough money in their bank accounts to do that
which they need to do. But they have seen these big oil companies get
the tax breaks that I personally do not think they deserve. I don't
think the American people believe they deserve them either.
For too long, all Americans have worried about the direction of the
war in Iraq only to see Congress refuse to have a real debate on the
issues. On a personal basis, I have encouraged the President to listen
to what the Baker-Hamilton working group has to say, and I know he will
do that. I think it is important that he is willing to meet with those
people. They are a tremendous group of very patriotic Americans with
significant experience. On the Democratic side, as an example, you have
the former Secretary of Defense and former Presidential Chief of Staff.
They are good people, Democrats and Republicans, who are going to be
talking to the President. If we are going to have a new direction in
Iraq, the President must listen to new ideas. This is a step in the
right direction.
That is why last week I asked the President to convene a bipartisan
congressional leadership group and invite other people, too, if he
wants, of course. It is his meeting. But if he wants, to have Secretary
Baker, Congressman Hamilton, members of the military. I think if we
spent a couple of days doing this--however long the President sees
fit--I think it would be helpful to have if he heard what we had to
say. If we are going to have a new direction in Iraq, the President
must listen to new ideas. That is why I felt comfortable in suggesting
this to the President.
We Democrats have some very concrete ideas as to what we think should

[[Page 21856]]

happen. First of all, again on a bipartisan basis, with 79 votes on the
Defense Authorization bill for the previous year, Democrats and
Republicans joined together to put a provision in that bill that said
the year 2006 will be a year of significant transition in Iraq. The
year 2006 is coming to an end. We need to implement that law.
We, as Democrats, also offered an amendment that received 40 votes
called the Reed-Levin or Levin-Reed amendment, however you want to look
at it, to begin a change of course, to set a framework to change
course. For example, in that legislation, we called for responsibly
redeploying our troops to transform the mission to training,
counterterror, logistics, force protection. Does this mean pulling all
the troops out now? Of course it doesn't. But it does say we must start
redeploying troops as soon as possible.
Second, the sectarian differences must be reconciled. They are
plaguing the country. We have had in the last 2 days, just that we know
of, almost 200 Iraqis killed, 3 American soldiers, 4 British soldiers.
We must push for changes to the Iraqi Constitution and power and
resource sharing.
I believe it is time for our President to call for a regional
conference that he participants in. I spoke to the King of Jordan
today. He thought it was a good idea to have the President call for a
meeting of the leaders of Egypt, Saudi Arabia, Jordan--even Syria. It
is a regional problem. Let's talk about this regionally. It is more
their problem than our problem. They have more to lose or win than we
do. So I think a regional conference would be very important to
regionalize our strategy.
We must revitalize the failed construction efforts. It was stunning
to see in the weekend news how much less oil is being produced there in
Iraq than before the war. It was stunning to see how little potable
water is being produced there than before the war. And to see that the
electricity in Baghdad--as an example, prior to the war it was 16 hours
a day, and now it is down to less than 4 hours a day. We have to
revitalize our failed reconstruction efforts.
Finally, we have to rebuild our military. We do not have a single
undeployed Army unit that is battle ready. Everything is in need of
repair or replacement--replenishment. The Pentagon has told us it will
cost $75 billion to bring the military up to what it was before the
war. We want to work and see if we can accomplish that. Those are our
suggestions.
From Iraq to the economy, there is much to do in the next few weeks
and then at the beginning of the new year and a new Congress--so much
to do. We must take advantage of the next few weeks and get as much
done as we can.
There are 55 Republicans, there are 45 Democrats, we understand
that--for the next 60 days. After that, it is going to be a very slim
majority that we have, but it is one that we believe will open the door
for bipartisanship. I hope, for the good of the American people, we can
continue to look forward--not dwell on the past but look forward.
I hope very much we can get our so-called tax extenders done. The
reason these are important to do is they are critical tax relief for
American families and businesses that will expire if we don't do
something--a deduction for college tuition, deduction for State and
local sales taxes. The manager of the bill on military construction is
Kay Bailey Hutchison from Texas. This has been her issue because the
large State of Texas is losing those families' tax deductions,
deductions for out-of-pocket expenses incurred by teachers and for
businesses, the research and development tax credit, the work
opportunity tax credits and Welfare-to-Work tax credits. These things
are extremely important. Unless we act to extend this relief in the
next few weeks, families will be facing a tax increase next year. That
is not acceptable and we need to act.
It is a new day in the Senate. Let's work together and move America
forward. I offer my hand to my friends on the other side of the aisle.
I have reached out to my friend, Senator Frist. We are going to do
everything we can to have the country know we are doing good things in
the next few weeks. And I reached out to my friend, Mitch McConnell,
who I understand will be the next Republican leader, to work together
on the issues of the next Congress as we have on many issues in the
past.
I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. SALAZAR. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.

____________________

BIPARTISANSHIP

Mr. SALAZAR. Mr. President, I thank both the majority leader and
minority leader for their comments this afternoon and for setting forth
the tone of moving forward in a spirit of bipartisanship on behalf of
our country. I want to quickly make four points.
It is going to be very important for us in the weeks ahead, and in
the new Congress, that we do find the seeds of bipartisanship which we
have found in the past in many of the efforts that have gone on in this
body. For me, during my first 2 years as a Senator, one of the things I
will always remember as one of the best times of the Senate is when we
came together with the Gang of 14, with 7 Republicans and 7 Democrats,
to make sure that this Senate was able to get beyond the very difficult
issue that it faced. I hope we find more and more of those
opportunities as we move forward on the great issues of our time,
including Iraq, energy, health care, and the rest of the issues with
which we must deal as a country.
I will say this as well. In the days ahead, we will hear many things
about some of our colleagues, some of whom are newcomers to our
institution, the U.S. Senate, and some of them who are leaving. For me,
it is a sad day that Senator Chafee and Senator DeWine, who were
members of the Gang of 14, will not be around to be a part of that
future bipartisan coalition that we are going to have to have in the
Senate. But I hope, on the side of both the Democrats and the
Republicans, that there is a great number of Members of the Senate on
both sides of the aisle who will come together to address those
significant issues that face us as a country.
As I spent my time in Colorado for most of the last month and
traveled around the State, most of the people in my State were making
one statement to us as a Congress and that was to get about the
people's business. They want us to do the work that they so fervently
want to be accomplished for this country. I believe in my State--which
I believe is reflective of what is happening around the country--they
want us to set a new direction and to be successful in our undertaking
in Iraq. I join the minority leader, Senator Reid, in his comments
about how we ought to move forward in trying to create a bipartisan
approach to achieving success in Iraq.
As I traveled around my State, and as I traveled around the country
as well, I think the issue of energy independence has become an issue
on which people very much want us to get beyond the rhetoric they have
heard for the last 30 years. The Energy Policy Act of 2005 was one of
the few bipartisan efforts that ultimately succeeded in this Congress.
I hope, as we move ahead on the issue of energy, we will find ways of
embracing conservation, embracing renewable energy, embracing the new
technologies of today so we can in fact get our hands on energy
independence, which is so critical. It is critical for our Nation from
the point of view of the national security of the United States of
America and the world. It is critical for our Nation in terms of our
economic security, and it is critical for our Nation in terms of the
environmental security which is also at stake on the issue of energy.
Finally, it is critical to our country as to how we provide new
opportunities for rural America as we grow our way to energy
independence in this country.

[[Page 21857]]

Finally, I would like to make a comment on an issue which I believe
continues to break the backs of the American people and bankrupt
American businesses today and that is the issue of health care and the
costs of health care, which have risen astronomically. We have left
almost 50 million people of our country without health insurance,
77,000 in my State of Colorado alone.
I hope this institution, the Senate, working with the House of
Representatives, can deliver real results for the people of the United
States of America in the weeks and years ahead.
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. HUTCHISON. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER (Ms. Murkowski). Without objection, it is so
ordered.

____________________

MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2007

Mrs. HUTCHISON. Madam President, I ask unanimous consent that the
Senate proceed to the immediate consideration of H.R. 5385, the
Military Construction and Veterans Affairs and related agencies
appropriations bill for 2007. I further ask consent that the committee-
reported substitute be agreed to as original text for the purpose of
further amendment, with no points of order waived by virtue of this
agreement.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (H.R. 5385) making appropriations for military
quality of life functions of the Department of Defense,
military construction, the Department of Veterans Affairs,
and related agencies for the fiscal year ending September 30,
2007, and for other purposes.

The Senate proceeded to consider the bill, which had been reported
from the Committee on Appropriations, with an amendment to strike all
after the enacting clause and insert in lieu thereof the following:

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2007, and
for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE

Military Construction, Army

(including rescissions of funds)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $2,172,622,000, to remain available until
September 30, 2011: Provided, That of this amount, not to
exceed $199,540,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Army'' under Public Law 109-114, $43,348,000 are hereby
rescinded: Provided further, That of the funds appropriated
for ``Military Construction, Army'' under Public Law 109-13,
$125,800,000 are hereby rescinded: Provided further, That of
the amount provided under this heading, $34,800,000 is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 83 (109th Congress), the concurrent
resolution on the budget for fiscal year 2007, as made
applicable in the Senate by section 7035 of Public Law 109-
234.

Military Construction, Navy and Marine Corps

(INCLUDING RESCISSIONS OF FUNDS)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,238,065,000, to remain available until September 30, 2011:
Provided, That of this amount, not to exceed $71,626,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Navy and Marine Corps'' under Public Law 108-132, $30,000,000
are hereby rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Navy and Marine
Corps'' under Public Law 108-324, $8,000,000 are hereby
rescinded.

Military Construction, Air Force

(INCLUDING RESCISSIONS OF FUNDS)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,214,885,000, to
remain available until September 30, 2011: Provided, That of
this amount, not to exceed $71,381,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the funds appropriated
for ``Military Construction, Air Force'' under Public Law
108-324, $2,694,000 are hereby rescinded: Provided further,
That of the funds appropriated for ``Military Construction,
Air Force'' under Public Law 109-114, $19,816,000 are hereby
rescinded: Provided further, That of the funds appropriated
for ``Military Construction, Air Force'' under Public Law
109-13, $10,800,000 are hereby rescinded.

Military Construction, Defense-Wide

(INCLUDING RESCISSIONS AND TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $1,162,281,000,
to remain available until September 30, 2011: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $172,150,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Defense-Wide'' under Public Law 108-132, $9,000,000 are
hereby rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Defense-Wide''
under Public Law 108-324, $43,000,000 are hereby rescinded:
Provided further, That of the funds appropriated for
``Military Construction, Defense-Wide'' under Public Law 109-
114, $72,065,000 are hereby rescinded: Provided further, That
of the amount provided under this heading, $100,886,000 is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 83 (109th Congress), the concurrent
resolution on the budget for fiscal year 2007, as made
applicable in the Senate by section 7035 of Public Law 109-
234.

Military Construction, Army National Guard

(INCLUDING RESCISSION OF FUNDS)

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefore, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts;
$539,804,000, to remain available until September 30, 2011:
Provided, That of the funds appropriated for Military
Construction, Army National Guard'' under Public Law 109-114,
$2,129,000 are hereby rescinded.

Military Construction, Air National Guard

For construction, acquisition; expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefore, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$252,834,000, to remain available until September 30, 2011.

Military Construction, Army Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $191,450,000, to remain
available until September 30, 2011.

Military Construction, Navy Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the

[[Page 21858]]

training and administration of the reserve components of the
Navy and Marine Corps as authorized by chapter 1803 of title
10, United States Code, and Military Construction
Authorization Acts, $48,408,000, to remain available until
September 30, 2011.

Military Construction, Air Force Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $44,936,000, to remain
available until September 30, 2011.

North Atlantic Treaty Organization

SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $205,985,000, to remain available until
expended.

Family Housing Construction, Army

For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$578,791,000, to remain available until September 30, 2011.

Family Housing Operation and Maintenance, Army

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $675,617,000.

Family Housing Construction, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $305,071,000, to remain available until September 30,
2011.

Family Housing Operation and Maintenance, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $498,525,000.

Family Housing Construction, Air Force

(INCLUDING RESCISSIONS OF FUNDS)

For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$1,182,138,000, to remain available until September 30, 2011:
Provided, That of the funds appropriated for ``Family Housing
Construction, Air Force'' under Public Law 108-324,
$23,400,000 are hereby rescinded: Provided further, That of
the funds appropriated for ``Family Housing Construction, Air
Force'' under Public Law 109-114, $42,800,000 are hereby
rescinded.

Family Housing Operation and Maintenance, Air Force

For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
authorized by law, insurance premiums, as $755,071,000.

Family Housing Construction, Defense-Wide

For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for construction, including
acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $8,808,000, to remain
available until September 30, 2011.

Family Housing Operation and Maintenance, Defense-Wide

For expenses of family housing for the activities and
agencies of the Departrnent of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $48,506,000.

Department of Defense Family Housing Improvement Fund

For the Department of Defense Family Housing Improvement
Fund, $2,500,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.

Chemical Demilitarization Construction, Defense-Wide

For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stock-pile
of lethal chemical agents and munitions in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law,
$140,993,000, to remain available until September 30, 2011,
which shall be only for the Assembled Chemical Weapons
Alternatives program.

Department of Defense Base Closure Account 1990

For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $191,220,000, to remain available until expended.

Department of Defense Base Closure Account 2005

For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $5,237,100,000, to remain available until
expended.

Administrative Provisions

Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea if that country has not increased its defense
spending by at least 3 percent in calendar year 2005, unless
such contracts are awarded to United States firms or United
States firms in joint venture with host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to
a foreign contractor: Provided, That this section shall not
be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of the plans and scope of
any proposed military exercise involving United States
personnel 30 days prior to its occurring, if amounts expended
for construction, either temporary or permanent, are
anticipated to exceed $750,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation
during the current fiscal year shall be obligated during the
last two months of the fiscal year.

(INCLUDING TRANSFER OF FUNDS)

Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.

[[Page 21859]]

Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
Sec. 118. (a) Not later than December 1, 2006, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the Committees on Appropriations of
both Houses of Congress a report on actions taken by the
Department of Defense and the Department of State during the
previous fiscal year to encourage host countries to assume a
greater share of the common defense burden of such countries
and the United States.
(b) The report under subsection (a) shall include a
description of--
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of
the United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise
imparted to host countries upon the cessation of United
States operations at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed
to NATO by host countries, in dollars and in terms of the
percent of the total NATO budget.
(c) In this section, the term ``host country'' means other
member countries of NATO, Japan, South Korea, and United
States allies bordering the Arabian Sea.

(INCLUDING TRANSFER OF FUNDS)

Sec. 119. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.

(INCLUDING TRANSFER OF FUNDS)

Sec. 120. Subject to 30 days prior notification to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged
with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the
Fund; or (2) the Department of Defense Military Unaccompanied
Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in ``Military
Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be
available to cover the costs, as defined in section 502(5) of
the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to
the provisions of subchapter IV of chapter 169 of title 10,
United States Code, pertaining to alternative means of
acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
Sec. 121. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the Committees on
Appropriations of both Houses of Congress the notice
described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice
of any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal
Government with respect to the guarantee.

(INCLUDING TRANSFER OF FUNDS)

Sec. 122. In addition to any other transfer authority to
the Department of Defense, amounts may be transferred from
the accounts established by sections 2906(a)(1) and
2906A(a)(1) of the Defense Base Closure and Realignment Act
of 1990 (10 U.S.C. 2687 note), to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses
associated with the Homeowners Assistance Program. Any
amounts transferred shall be merged with and be available for
the same purposes and for the same time period as the fund to
which transferred.
Sec. 123. Notwithstanding this or any other provision of
law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification to the Committees
on Appropriations of both Houses of Congress, except that an
after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year: Provided further, That
nothing in this section precludes the Secretary of a military
department, after notifying the congressional defense
committees and waiting 21 days, from using funds derived
under section 2601, chapter 403, chapter 603, or chapter 903
of title 10, United States Code, for the maintenance or
repair of general and flag officer quarters at the military
service academy under the jurisdiction of that Secretary:
Provided further, That each Secretary of a military
department shall provide an annual report by February 15 to
the congressional defense committees on the amount of funds
that were derived under section 2601, chapter 403, chapter
603, or chapter 903 of title 10, United States Code, in the
previous year and were obligated for the construction,
improvement, repair, or maintenance of any military facility
or infrastructure.
Sec. 124. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.

(INCLUDING TRANSFER OF FUNDS)

Sec. 125. None of the funds made available in this title,
or in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that
has been approved for realignment to another installation, in
2005 under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function
that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United
States of carrying out such project would be less than the
cost to the United States of cancelling such project, or if
the project is at an active component base that shall be
established as an enclave or in the case of projects having
multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project.
The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military
construction project, land acquisition, or family housing
project to another account or use such funds for another
purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This
section shall not apply to military construction projects,
land acquisition, or family housing projects for which the
project is vital to the national security or the protection
of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional
defense committees within seven days of a decision to carry
out such a military construction project.

TITLE II

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Programs

compensation and pensions

(including transfer of funds)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51,
53, 55, and 61); pension benefits to or on behalf of veterans
as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and
61; 92 Stat. 2508); and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other
officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title
IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 540
et seq.) and for other

[[Page 21860]]

benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and
2106, chapters 23, 51, 53, 55, and 61; 43 Stat. 122, 123; 45
Stat. 735; 76 Stat. 1198), $38,007,095,000, to remain
available until expended: Provided, That not to exceed
$28,112,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'' and
``Medical services'' for necessary expenses in implementing
the provisions of chapters 51, 53, and 55 of title 38, United
States Code, the funding source for which is specifically
provided as the ``Compensation and pensions'' appropriation:
Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to
``Medical care collections fund'' to augment the funding of
individual medical facilities for nursing home care provided
to pensioners as authorized.

readjustment benefits

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C.
chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61),
$3,262,006,000, to remain available until expended: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
section 3104(a) of title 38, United States Code, other than
under subsection (a)(1), (2), (5), and (11) of that section,
shall be charged to this account.

veterans insurance and indemnities

For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by title 38, United States Code, chapter 19; 70
Stat. 887; 72 Stat. 487, $49,850,000, to remain available
until expended.

veterans housing benefit program fund program account

(including transfer of funds)

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
during fiscal year 2007, within the resources available, not
to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $153,185,000.

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $53,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$4,242,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $305,000, which may be
transferred to and merged with the appropriation for
``General operating expenses''.

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $615,000: Provided, That no new loans in
excess of $30,000,000 may be made in fiscal year 2007.

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS PROGRAM
ACCOUNT

For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI
of chapter 37 of title 38, United States Code, not to exceed
$750,000 of the amounts appropriated by this Act for
``General operating expenses'' and ``Medical services'' may
be expended.

Veterans Health Administration

MEDICAL SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment and salaries and expenses of
healthcare employees hired under title 38, United States
Code, and aid to State homes as authorized by section 1741 of
title 38, United States Code; and for necessary expenses in
the administration of the medical, hospital, nursing home,
domiciliary, construction, supply, and research activities,
as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering
amounts owed the Department as authorized under chapter 17 of
title 38, United States Code, and the Federal Medical Care
Recovery Act (42 U.S.C. 2651 et seq.); $28,689,000,000, plus
reimbursements: Provided, That of the funds made available
under this heading) not to exceed $1,350,000,000 shall be
available until September 30, 2008: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall establish a priority for treatment for
veterans who are service-connected disabled, lower income, or
have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs
shall give priority funding for the provision of basic
medical benefits to veterans in enrollment priority groups 1
through 6: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs may
authorize the dispensing of prescription drugs from Veterans
Health Administration facilities to enrolled veterans with
privately written prescriptions based on requirements
established by the Secretary: Provided further, That the
implementation of the program described in the previous
proviso shall incur no additional cost to the Department of
Veterans Affairs.

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and
other necessary facilities for the Veterans Health
Administration; for administrative expenses in support of
planning, design, project management, real property
acquisition and disposition, construction and renovation of
any facility under the jurisdiction or for the use of the
Department; for oversight, engineering and architectural
activities not charged to project costs; for repairing,
altering, improving or providing facilities in the several
hospitals and homes under the jurisdiction of the Department,
not otherwise provided for, either by contract or by the hire
of temporary employees and purchase of materials; for leases
of facilities; and for laundry and food services,
$3,569,000,000, plus reimbursements, of which $250,000,000
shall be available until September 30, 2008.

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, to remain
available until September 30, 2008, $412,000,000, plus
reimbursements, of which not less than $15,000,000 shall be
used for Gulf War Illness research.

National Cemetery Administration

For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; and
hire of passenger motor vehicles, $160,733,000, of which not
to exceed $8,037,000 shall be available until September 30,
2008.

Departmental Administration

GENERAL OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the
Department of Defense for the cost of overseas employee mail,
$1,467,764,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that
the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,167,859,000: Provided further, That of the
funds made available under this heading, not to exceed
$75,000,000 shall be available for obligation until September
30, 2008: Provided further, That from the funds made
available under this heading, the Veterans Benefits
Administration may purchase up to two passenger motor
vehicles for use in operations of that Administration in
Manila, Philippines.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978, $70,599,000,
of which $3,474,950 shall remain available until September
30, 2008.

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of
the facilities including parking projects under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$429,000,000, to remain available until expended, of which
$2,000,000 shall be to make reimbursements as provided in
section 13 of the Contract Disputes Act of 1978 (41 U.S.C.
612) for claims paid for contract disputes: Provided, That
except for advance planning activities) including needs
assessments which may or may not lead to capital investments,
and other capital asset management related activities, such
as

[[Page 21861]]

portfolio development and management activities, and
investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund and CARES funds, including needs
assessments which may or may not lead to capital investments,
none of the funds appropriated under this heading shall be
used for any project which has not been approved by the
Congress in the budgetary process: Provided further, That
funds provided in this appropriation for fiscal year 2007,
for each approved project (except those for CARES activities
referenced above) shall be obligated: (1) by the awarding of
a construction documents contract by September 30, 2007; and
(2) by the awarding of a construction contract by September
30, 2008: Provided further, That the Secretary of Veterans
Affairs shall promptly report in writing to the Committees on
Appropriations of both Houses of Congress any approved major
construction project in which obligations are not incurred
within the time limitations established above.

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities including parking projects under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110,
8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the
amount set forth in section 8104(a)(3)(A) of title 38, United
States Code, $168,000,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section for: (1) repairs to any of the nonmedical facilities
under the jurisdiction or for the use of the Department which
are necessary because of loss or damage caused by any natural
disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify or alter existing hospital, nursing home and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131-8137 of title 38,
United States Code, $85,000,000, to remain available until
expended.

GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by section
2408 of title 38, United States Code, $32,000,000, to remain
available until expended.

INFORMATION TECHNOLOGY SYSTEMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems;
including pay and associated cost for operations and
maintenance associated staff; for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by chapter 3109 of title 5, United
States Code, $1,255,900,000, to remain available until
September 30, 2008: Provided, That none of these funds may be
obligated until the Department of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by the Office of Management and
Budget; (2) complies with the Department of Veterans Affairs
enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That within 60 days of enactment of this
Act, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a
reprogramming base letter which provides, by project, the
costs included in this appropriation.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

Sec. 201. Any appropriation for fiscal year 2007, in this
Act or any other Act for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred as necessary to any other of
the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued, or absent a response, a period of 30 days
has elapsed.

(INCLUDING TRANSFER OF FUNDS)

Sec. 202. Amounts made available for fiscal year 2007, in
this Act or any other Act, under the ``Medical services'' and
``Medical facilities'' accounts may be transferred between
the accounts to the extent necessary to implement the
restructuring of the Veterans Health Administration accounts:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code,
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefor, as authorized
by sections 5901-5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for the construction of any new hospital
or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled under the laws bestowing such
benefits to veterans, and persons receiving such treatment
under sections 7901-7904 of title 5, United States Code or
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless
reimbursement of cost is made to the ``Medical services''
account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2006.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable from ``Compensation and pensions''.
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2007, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38
U.S.C. 1920), the Veterans' Special Life Insurance Fund (38
U.S.C. 1923), and the United States Government Life Insurance
Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in an insurance program in fiscal year
2007 that are available for dividends in that program after
claims have been paid and actuarially determined reserves
have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2007 which is properly
allocable to the provision of each insurance program and to
the provision of any total disability income insurance
included in such insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which
the proceeds are received.
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management
and the Office of Employment Discrimination Complaint
Adjudication for all services provided at rates which will
recover actual costs but not exceed $31,246,000 for the
Office of Resolution Management and $3,059,000 for the Office
of Employment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to ``General
operating expenses'' for use by the office that provided the
service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental is more than $300,000 unless the
Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 7 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.

[[Page 21862]]

(including transfer of funds)

Sec. 213. Notwithstanding any other provision of law, at
the discretion of the Secretary of Veterans Affairs, proceeds
or revenues derived from enhanced-use leasing activities
(including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214. Amounts made available under ``Medical services''
are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.

(INCLUDING TRANSFER OF FUNDS)

Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
services'', to remain available until expended for the
purposes of this account.
Sec 216. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall allow veterans eligible
under existing Department of Veterans Affairs medical care
requirements and who reside in Alaska to obtain medical care
services from medical facilities supported by the Indian
Health Service or tribal organizations. The Secretary shall:
(1) limit the application of this provision to rural Alaskan
veterans in areas where an existing Department of Veterans
Affairs facility or Veterans Affairs-contracted service is
unavailable; (2) require participating veterans and
facilities to comply with all appropriate rules and
regulations, as established by the Secretary; (3) require
this provision to be consistent with Capital Asset
Realignment for Enhanced Services activities; and (4) result
in no additional cost to the Department of Veterans Affairs
or the Indian Health Service.

(INCLUDING TRANSFER OF FUNDS)

Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, major projects'' and ``Construction,
minor projects'' accounts to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used
for payment for E-Gov initiatives.
Sec. 219. None of the funds made available in this Act may
be used to implement any policy prohibiting the Directors of
the Veterans Integrated Service Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 220. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans
Health Administration.

(INCLUDING TRANSFER OF FUNDS)

Sec. 221. Amounts made available under the ``Medical
services'', ``Medical facilities'', ``General operating
expenses'', and ``National Cemetery Administration'' accounts
for fiscal year 2007, may be transferred to or from the
``Information technology systems'' account: Provided, That
before a transfer may take place, the Secretary of Veterans
Affairs shall request from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer
and an approval is issued.

(INCLUDING TRANSFER OF FUNDS)

Sec. 222. For purposes of perfecting the funding sources of
the Department of Veterans Affairs' new ``Information
technology systems'' account, funds made available for fiscal
year 2007, in this or any other Act, may be transferred from
the ``General operating expenses'', ``National Cemetery
Administration'', and ``Office of Inspector General''
accounts to the ``Medical services'' account: Provided, That
before a transfer may take place, the Secretary of Veterans
Affairs shall request from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer
and an approval is issued.

(INCLUDING TRANSFER OF FUNDS)

Sec. 223. Amounts made available for the ``Information
technology systems'' account may be transferred between
projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed.
Sec. 224. No funds in this Act may be deposited into the
DOD/VA Health Care Sharing Incentive Fund.
Sec. 225. The authority provided by section 2011 of title
38, United States Code, shall continue in effect through
September 30, 2007.
Sec. 226. Report on Use of Lands at West Los Angeles
Department of Veterans Affairs medical Center. (a) Report.--
The Secretary of Veterans Affairs shall submit to Congress a
report on the master plan of the Department of Veterans
Affairs relating to the use of Department lands at the West
Los Angeles Department of Veterans Medical Center,
California.
(b) Report Elements.--The report under subsection (a) shall
set forth the following:
(1) The master plan referred to in that subsection, if such
a plan currently exists.
(2) A current assessment of the master plan.
(3) Any proposal of the Department for a veterans park on
the lands referred to in subsection (a), and an assessment of
each such proposal.
(4) Any proposal to use a portion of those lands as
dedicated green space, and an assessment of each such
proposal.
(c) Alternative Report Element.--If a master plan referred
to in subsection (a) does not exist as of the date of
enactment of this Act, the Secretary shall set forth in the
report under that subsection, in lieu of the matters
specified in paragraphs (1) and (2) of subsection (b), a plan
for the development of a master plan for the use of the lands
referred to in subsection (a) during the period beginning on
the date of the enactment of this Act and ending 25 years
later and during the period beginning on the date of the
enactment of this Act and ending 50 years later. The master
plan referred to in subsection (a) shall be completed prior
to the adoption of the Capital Asset Realignment for Enhanced
Services (CARES) plan for that property, or prior to the
issuance of any enhanced use lease on the subject property.
The CARES plan for the subject property shall be consistent
with the master plan required by this section.
(d) Limitations on Implementation.--
(1) In general.--The Secretary may not implement any
portion of the master plan referred to in subsection (a)
until 120 days after the date of the receipt by the
Committees on Appropriations of the Senate and the House of
Representatives of the report required by that subsection.
(2) Actions other than direct veterans services.--In the
case of any portion of the master plan referred to in
subsection (a) that does not relate exclusively to direct
veterans services on the site referred to in subsection (a),
the Secretary may not carry out such portion of the master
plan without the approval of the Committees on Appropriations
of the Senate and the House of Representatives.
(e) Exemptions.--Nothing contained in this provision shall
prevent the Department of Veterans Affairs from providing
maintenance, service or programs consistent with the mission
of the Department.
Sec. 227. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used
to replace the current system by which the Veterans
Integrated Services Networks select and contract for diabetes
monitoring supplies and equipment.
Sec. 228. The major medical facility project for a
Department of Veterans Affairs Medical Center in New Orleans,
Louisiana, for which funds were appropriated for the
Department of Veterans Affairs for the ``Construction, major
projects'' account in Public Law 109-234 and Public Law 109-
148 shall be treated for purposes of section 8104(b) of title
38, United States Code, as a major medical facility project
that has been specifically authorized by law, and the
Secretary of Veterans Affairs may obligate and expend amounts
so appropriated for that account for that project for the
purchase of a site including property exchange for, and new
construction, restoration, or replacement of, the Department
of Veterans Affairs Medical Center in New Orleans, Louisiana.

TITLE III

RELATED AGENCIES

AMERICAN BATTLE MONUMENTS COMMISSION

Salaries and Expenses

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement only)
and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and
insurance of official motor vehicles in foreign countries,
when required by law of such countries, $37,088,000, to
remain available until expended.

Foreign Currency Fluctuations

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, $4,900,000, to remain
available until expended, for purposes authorized by section
2109 of title 36, United States Code.

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Salaries and Expenses

For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251-7298 of title 38, United States Code,
$19,790,000: Provided, That $1,260,000 shall be available for
the purpose of providing financial assistance as described,
and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-29.

DEPARTMENT OF DEFENSE--CIVIL

Cemeterial Expenses, Army

Salaries and Expenses

For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses,

[[Page 21863]]

$26,550,000, to remain available until expended. In addition,
such sums as may be necessary for parking maintenance,
repairs and replacement, to be derived from the Lease of
Department of Defense Real Property for Defense Agencies
account.

ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$54,846,000.

ADMINISTRATIVE PROVISIONS

Sec. 301. None of the funds in this title under the heading
``American Battle Monuments Commission'' shall be available
for the Capital Security Costs Sharing program.

(INCLUDING RESCISSION OF FUNDS)

Sec. 302. (a) For an additional amount for ``United States
Court of Appeals for Veterans Claims, Salaries and
Expenses'', $500,000, to remain available until expended, for
implementation of the Appellate Case Management Electronic
Case Files System.
(b) Of the amount appropriated under the heading ``United
States Court of Appeals for Veterans Claims, Salaries and
Expenses'', in the Military Quality of Life, Military
Construction, and Veterans Affairs Appropriations Act, 2006
(Public Law 109-114), $500,000 are rescinded.
(c) This section shall take effect immediately upon
enactment of this Act.

TITLE IV

GENERAL PROVISIONS

Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. Such sums as may be necessary for fiscal year
2007 pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 403. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 404. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 407. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Quality of Life and Veterans
Affairs, and Related Agencies of the Committee on
Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the Senate.
This Act may be cited as the ``Military Construction and
Veterans Affairs and Related Agencies Appropriations Act,
2007''.

The committee amendment in the nature of a substitute was agreed to.
Mrs. HUTCHISON. Madam President, it is my pleasure today to bring the
fiscal year 2007 Military Construction, Veterans Affairs, and related
agencies bill to the Senate for consideration. The bill provides $16.26
billion for military construction, $77.9 billion for the Department of
Veterans Affairs, and $143.5 million for the related agencies.
The bill provides the much needed resources for the Department of
Veterans Affairs to care for our brave veterans returning from
Afghanistan and Iraq, as well as those who have served with honor in
our past wars. We fully support our veterans and appreciate the
sacrifices they made for our country, by increasing the VA's funding by
$6.45 billion from last year's enacted level to the President's request
of $77.9 billion.
This year, we are proposing to bring medical services and medical
administration under one account. This merger of the two accounts will
give the VA the flexibility to manage and budget all medical services
operations, including hospital staff personnel, from one account for
better management, organization, and efficiency. The funding for the
new combined medical services account is $28.7 billion, which is $3.1
billion above last year's level and equal to the President's request.
The funding recommendation also includes the full request of $3.6
billion for medical facilities; $412 million for medical and prosthetic
research, which is equal to last year's level and $13 million above the
President's request; $429 million for major construction; and $85
million for grants for construction of State extended-care facilities.
This bill bridges a significant funding gap in fiscal year 2007 for
the Department of Veterans Affairs. The administration's budget request
included legislative proposals for the VA's health care system that
would have instituted new enrollment fees and increased the copayments
for prescription drugs, both of which would have been paid by veterans.
Revenue estimate for those proposals was $795 million. The
administration assumed this revenue in the VA's budget request. The
subcommittee has denied these proposals and has provided the $795
million difference for VA health care.
The bill also contains additional resources in the areas of advanced
prosthetics, recognizing that veterans returning from Operations Iraqi
Freedom and Enduring Freedom are experiencing the loss of limbs due to
combat injury.
The bill provides much needed funds for military construction. With
the impending return of troops as a result of the current overseas
rebasing effort, which our subcommittee recommended and strongly
supports, BRAC, Army modularity, and the global war on terror, our
service men and women are in a time of great transformation, and the
funds will be provided for these accounts. It is important that they
receive these facilities to enable the transformation. We are also
continuing to press our NATO allies to share the burden of construction
costs for NATO facilities and have been successful.
The bill provides necessary funds for the rebasing effort as well as
continues the emphasis on family housing initiatives within the
Department of Defense. It also provides $1.1 billion for Guard and
Reserve components which is $215 million above the requested level. The
bill includes funding totaling $5.2 billion to implement the BRAC 2005
decisions. This is an increase of $3.7 billion over last year. We do
recommend a minor cut of 7 percent to this account because we found
flexibility in supplies and equipment will not be needed next year
because of the slow pace of BRAC implementation. I would emphasize,
however, that no BRAC construction projects are affected.
Putting our bill together was certainly a bipartisan effort. Let me
say now we are giving notice to Members on both sides of the aisle that
we plan to come forward tomorrow about 2:15 with all of the amendments
we have had requested so far, and anything a Member might want to put
in this bill needs to be in our hands by close of business today, 5
o'clock. We wish to finish up the bill, deal with the amendments at
2:15 on Tuesday, and have our vote then lined up for later in the
afternoon on Tuesday, in the 5 o'clock to 5:30 range. So we are giving
notice, and we hope if there are any amendments we have not already
been given, anyone with that kind of request will come forward.
I thank Senator Feinstein, the ranking member, for her partnership.
We have worked so well together throughout our time on this
subcommittee. We actually have been chairman and ranking member, both
of us. I have been chairman and she has been ranking member, and we
have been the other way, and I think we will be the other way come
January. I know it will make no difference. I know we will meet the
needs of military construction. We will meet the needs of our veterans.
We will do it the right way, and we will do it in agreement, because we
have the same goals--that we honor our veterans with the services they
deserve and that we provide for our military housing and military
construction and cleanup for BRAC in the most responsible way. I
couldn't ask for a better working relationship than I have with my
ranking member and her staff. I look forward to the years to come.
I yield the floor.
The PRESIDING OFFICER. The Senator from California.

[[Page 21864]]

Mrs. FEINSTEIN. Madam President, as I was standing here looking out
at a woman presiding and a woman chairman, a woman ranking member. I
thought, there has been progress.
I am very pleased to join my chairman in recommending the 2007
Military Construction-Veterans Affairs, and Related Agencies
appropriations bill to the Senate. I thank my friend Chairman Hutchison
for her hard work on this bill, and I especially thank the chairman of
the Appropriations Committee, Senator Cochran, and the ranking member,
Senator Byrd, for their support and help in bringing this bill to the
floor.
This past weekend the Nation observed Veterans Day, the day we set
aside to honor America's veterans with ceremonies across this great
land. Today the Senate takes up a bill that backs up the speeches and
ceremonies with the funding necessary to provide the services our
veterans were promised and that they both need and deserve. The bill
before us today is a critically important funding measure for our
Nation's veterans and for the Active and Reserve Forces in the
military. It is a good bill.
The bill provides a total of $94.3 billion in its three titles. The
bulk of the funding, $77.9 billion, is for the Department of Veterans
Affairs. Of that amount, $41.4 billion is mandatory spending for
veterans benefit programs, such as veterans compensation and pensions,
and $36.5 billion is discretionary spending, primarily for the medical
program. This means that medical service programs are funded at the
level necessary to meet the needs of our veterans. Both the chairman
and I believe this is so.
The funding in this bill for the Department of Veterans Affairs is
equal to the President's budget request and almost $6.5 billion--that
is an increase of 9 percent--over the fiscal year 2006 enacted level.
This increase is necessary due to the Iraq and Afghanistan situation.
For veterans health, the bill provides $32.67 billion. That is an
increase of 11.3 percent above the 2006 level. It includes $3.2 billion
for mental health, a $340 million increase over last year's enacted
level. And it includes $4.3 billion, a $228 million increase over last
year's enacted level, for geriatrics and extended care to assist the
Nation's aging veterans population.
For military construction, which 2 years ago was all that we did
together--now we also have the veterans budget for the second year--the
bill includes $16.3 billion in funding. That is for a wide range of
mission-critical facilities--barracks, daycare centers, family housing
projects, both within the United States and overseas. Also included in
that funding is $5.24 billion to implement the most recent base
realignment and closure round, not so fondly known as BRAC around here.
Last but not least, the bill includes $143 million for a group of
small but essential agencies, including the American Battle Monuments
Commission and the Armed Forces Retirement Home. This title of the bill
also funds Arlington National Cemetery, a sacred site familiar to all
Americans which in many ways is the centerpiece of our homage to those
who serve the Nation and our military in war and in peace.
In a year in which the Appropriations Committee has been faced with
severe budget constraints, we are fortunate to be able to bring to the
Senate a bill that fully funds the President's request for veterans and
meets the pressing infrastructure requirements of the military. We were
able to accomplish this without imposing any new fees or copayments on
veterans. Most importantly, perhaps, is we do not appear to be facing
the same kind of shortfall in funding for VA health care that the
Senate was confronted with last year.
Providing affordable, accessible, first-rate health care to our
Nation's veterans is a priority for this Senate and for both the
chairman and myself. At a time when our Nation is at war and over
155,000 Iraq and Afghanistan war veterans are seeking VA health care
services, many with grievous physical and mental wounds, veterans
health care must be placed at the top of the list. Money is tight, to
be sure. But like America's military forces currently fighting in Iraq
and Afghanistan, the veterans who have fought in those and past wars
deserve the fullest measure of our support and gratitude.
Likewise, the Nation's military forces need and deserve quality
facilities in which to live and work. With the new round of BRAC and
the ongoing global realignment of United States forces in Europe,
Korea, and elsewhere overseas, the Defense Department's base structure
is undergoing change. Tens of thousands of military personnel are
returning to the United States from bases that are being closed
overseas, placing great demand on domestic installations that will
absorb them and their families.
At the same time, the Army is in the midst of reinventing its
military structure, transforming from cumbersome divisions and brigades
into more mobile and agile modular units. This modularity carries with
it a new set of infrastructure requirements, and new emphasis regarding
new facilities is being placed on the Nation's special operations
forces, including the fielding of a new Marine Corps special operations
command. All of this restructuring, of course, is going on while
upwards of 170,000 United States military personnel remain fully
engaged in Iraq and Afghanistan.
In all, there are many challenges facing the military construction
budget. Yet when the $5.2 billion for a new BRAC round is taken out of
the equation, the amount of military construction funding requested by
the President remained nearly level with last year's funding.
Nevertheless, with the budget constraints we face this year, we were
able to provide sufficient military construction dollars to fund the
hundreds of military construction priorities both at home and abroad
that have all been authorized in the Defense authorization bill.
This is a carefully balanced, bipartisan bill that is designed to
meet the health and welfare needs of America's veterans and the
infrastructure requirements of America's military forces with very
tight budget limitations.
I again commend Chairman Hutchison for her work in developing this
package. With the passage of this bill, we will have done our work in
the Senate. I firmly believe we can work quickly to complete a
conference with the House and send a good bill to the President, if the
leadership gives us the opportunity. There has been some speculation
that no appropriations bills will emerge from this lameduck session and
that we instead will be operating under a continuing resolution for
months to come. I hope that speculation is wrong. It would be a serious
disservice to our Nation's veterans and our active-duty military to
relegate the programs funded under MilCon-VA to a continuing resolution
in the new year. It will be at a $6.5 billion loss to these programs to
do that. I know Chairman Hutchison, Chairman Cochran, and Senator Byrd
share my desire to send a conference report on this bill to the
President and see it signed into law before the end of the year. I very
much hope we can do so.
A great deal of work on both sides of the aisle has gone into
producing this bill. I thank my colleagues for their support, and I
thank my staff--Christina Evans on my immediate left, BG Wright on my
far left, and Chad Schulken who is back in the staff dock--and also
Senator Hutchison's staff--Dennis Balkham, Sean Knowles, and Rose
Fabia--for the long hours and great effort they have put into this
bill.
The bill is a direct result of a remarkable working relationship
between Senator Hutchison and myself and between her staff and my
staff. I thank the chairman again for this warmth and most particularly
for her leadership. I am very pleased to recommend passage of this bill
to the full Senate.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas is recognized.
Mrs. HUTCHISON. Madam President, I agree with Senator Feinstein's
statement completely that we should pass this bill. I think it would be
irresponsible, honestly, for us not to fund the priorities and the
increases that are in

[[Page 21865]]

this bill for our veterans and our military construction projects. So I
will make every effort to ensure that we do have this bill go to
conference, and I think we will be very close with the House on the
conference items.
I do believe we can get this bill to the President. Frankly, I think
there are other appropriations bills that would be in the same
situation. We have new projects in many of the pieces of legislation. I
cannot think of an appropriations bill that is not bipartisan. So it is
my hope that we can keep the priorities and spending that we have
worked very hard all of this year to produce in all of the
appropriations bills, rather than rely on a continuing resolution that
does not take into account the bipartisan efforts that have been made
to fund the priorities of today. That is especially true in our bill
because it is ongoing, defense-related items, but I think there are
other bills that have the same kinds of priorities and necessities as
well. So we will work together in our bipartisan way and try to make
sure that happens.
I will just say once again that if any of our colleagues have
amendments, now is the time to notify us, by the close of business
today, 5 o'clock. It is our hope to dispose of amendments starting at
2:15 tomorrow. I am told that votes could occur any time after 2:15,
and the offices will be appropriately notified.
Let me end by saying that I, too, want to give so much credit to
Senator Feinstein's staff and my staff who have a great working
relationship. They work the long hours and they do so much behind the
scenes that makes everything come together--the amounts that we have in
the budget resolution and the allocations on the Appropriations
Committee and all of the different factors that go into an
appropriations bill. They do a great job. I thank Senator Feinstein's
three staff members, and my three staff members, who were named by
Senator Feinstein earlier.
Mr. GREGG. Mr. President, the pending Military Construction and
Veterans Affairs appropriations bill for fiscal year 2007, H.R. 5385,
as reported by the Senate Committee on Appropriations provides $89.861
billion in budget authority and $84.956 billion in outlays in fiscal
year 2007 for the Military Construction and the Department of Veterans
Affairs programs. Of these totals, $36.961 billion in budget authority
and $36.814 billion outlays are for mandatory programs in fiscal year
2007.
The bill provides total discretionary budget authority in fiscal year
2007 of $52.900 billion. This amount is $111 million above the
President's request, at the 302(b) allocations adopted by the Senate,
$8.8 billion above fiscal year 2006 enacted levels, and $41.8 billion
below the House-passed bill.
As my colleagues know, the large difference with the House funding
level is due to the difference in allocations. This is primarily due to
the Defense Health Program in the Senate's Defense allocation but in
the House's Military Quality of Life and Veteran's Affairs allocation.
I commend the distinguished chairman of the Appropriations Committee
for bringing this legislation before the Senate, and I ask unanimous
consent that a table displaying the Budget Committee scoring of the
bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

H.R. 5385, 2007 MILITARY CONSTRUCTION AND VETERANS AFFAIRS
APPROPRIATIONS, SPENDING COMPARISONS--SENATE-REPORTED BILL
[Fiscal Year 2007, $ millions]
------------------------------------------------------------------------
General
Purpose Mandatory Total
------------------------------------------------------------------------
Senate-reported bill:
Budget authority............. 52,900 36,961 89,861
Outlays...................... 48,142 36,814 84,956
Senate 302(b) allocation:
Budget authority............. 52,900 36,961 89,861
Outlays...................... * * *
2006 Enacted:
Budget authority............. 44,143 38,188 82,331
Outlays...................... 41,803 38,093 79,896
President's request:
Budget authority............. 52,789 36,388 89,177
Outlays...................... 46,782 36,284 83,066
House-passed bill:\1\
Budget authority............. 94,705 36,388 131,093
Outlays...................... 89,448 36,284 125,732
Senate-reported bill compared to:
Senate 302(b) allocation:
Budget authority......... 0 0 0
Outlays.................. na na na
2006 Enacted:
Budget authority......... 8,757 -1,227 7,530
Outlays.................. 6,339 -1,279 5,060
President's request:
Budget authority......... 111 573 684
Outlays.................. 1,360 530 1,890
House-passed bill:\1\
Budget authority......... -41,805 573 -41,232
Outlays.................. -41,306 530 -40,776
------------------------------------------------------------------------
*There is no outlay allocation in the Senate for 2007 appropriations
bills.
\1\House and Senate bills having different jurisdictions.

Note: Details may not add to totals due to rounding. Totals adjusted for
consistency with scorekeeping conventions.

Mr. GREGG. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. AKAKA. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Mr. Alexander). Without objection, it is so
ordered.

Amendment No. 5128

Mr. AKAKA. Mr. President, I would like to call up my amendment for
funding for VA oversight. I am talking about properly funding the VA
Inspector General's Office. I do have an amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Hawaii [Mr. Akaka], for himself and Mr.
Obama, proposes an amendment numbered 5128.

Mr. AKAKA. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To provide, with an offset, an additional $2,500,000 for the
Department of Veterans Affairs for the Office of Inspector General)

At the end of title II, add the following:
Sec. __. (a) Additional Amount for Office of Inspector
General of Department of Veterans Affairs.--The amount
appropriated by this title under the heading ``Office of
Inspector General'' is hereby increased by $2,500,000.
(b) Offset.--The amount appropriated by this title under
the heading ``Construction, Major Projects'' is hereby
reduced by $2,500,000.

Mr. AKAKA. Mr. President, I want to say at the outset that I am
cognizant of the constraints placed upon the Appropriations Committee
and I am very pleased that funding has been included to obviate the
need for the administration's proposals to charge veterans more for
their care.
That said, I don't believe it is in anyone's interest--least of all
veterans--to cut funding for the VA watchdog, the inspector general.
The President's budget and this VA-MilCon bill both call for a
reduction in 27 IG staff members.
Our amendment seeks to restore this cut and ensure the IG can do his
job by adding $2.5 million in resources. The money for this amendment
would be drawn from the construction account and would amount to only a
half of a percent of the entire account.
If this bill is enacted as is, the OIG oversight function would
suffer. There would be an increased risk of criminal activity, waste,
and abuse across VA programs and operations. It would result in fewer
monetary benefits in a time of fiscal restraint, fewer reports with
recommendations for improved economy and efficiencies, and fewer
arrests, indictments, and convictions of individuals who prey on
America's veterans or seek to defraud VA. The loss of staff would
markedly diminish the IG's ability to address complex issues such as
the recent loss of VA data and other information technology issues.
Furthermore, it would reverse the recent trend of the OIG expanding
its truly independent oversight of VA's health care programs and
operations and reduce OIG field presence where veterans receive care at
VA facilities across the Nation.
During the recent VA data theft incident, had it not been for the
diligence of investigators from the VA IG's office, it is likely it
would have taken even longer for the Secretary, Congress and affected
veterans to have learned of the loss.
Now is not the time to cut the IG's funding and staff. Clearly, it is
more important than ever that VA has the effective internal oversight
that only a robust and fully funded Inspector General's Office can
provide.

[[Page 21866]]

The authors of the VA independent budget realize this and have
written a letter to the House and Senate leadership in support of the
amendment.
I ask unanimous consent that the letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

The Independent Budget,

Washington, DC, November 13, 2006.
Speaker of the House Hastert,
House Minority Leader Pelosi,
House of Representatives,
Senate Majority Leader Frist,
Senate Minority Leader Reid,
U.S. Senate, Washington, DC.
Dear ___: We write on behalf of AMVETS, Disabled American
Veterans, Veterans of Foreign Wars of the United States, and
Paralyzed Veterans of America, joint authors of the
Independent Budget, on a matter of concern dealing with the
Department of Veterans Affairs (VA) Office of Inspector
General (OIG).
Like most Federal agencies, VA currently is subject to a
Continuing Resolution until Congress passes VA's
appropriations act, which may not occur until very late this
calendar year, or perhaps even later. Because the proposed
fiscal year 2007 appropriation for VA's OIG is expected to
result in a significant shortfall, we understand VA is
preparing to take steps to develop a plan to reduce spending
in that office. We also understand that the principal
strategy will be a reduction in the number of OIG employees
through attrition of the existing work force.
The VA OIG budget is formulated based on 458 full-time
employee equivalents (FTEE). However, that office is
currently staffed at 473 FTEE. The longer that office remains
above 458 FTEE, the more they will be required to reduce
staffing in order to achieve the lower FTEE limitation. Given
this situation, we have been advised that a number of steps
are being taken or are planned, including not filling vacant
positions except on a case-by-case examination of need versus
alternatives.
While we sometimes disagree with findings in a particular
OIG review or investigation, the OIG constitutes a major
segment of VA's management system to assure accountability,
and within VA serves as an independent voice on patient
safety, health care quality, financial stewardship, systems
and facilities management and data integrity. Reducing the
OIG's ability to carry out such vital functions, even on a
marginal basis as has been proposed, ultimately could put
veterans in jeopardy. We understand Senator Daniel Akaka has
proposed an amendment to the Fiscal Year 2007 Veterans
Affairs-Military Quality of Life appropriations bill that
would replenish these funds to the OIG. We strongly support
Senator Akaka's proposal and urge the House and Senate
Leadership to include funds associated with Senator Akaka's
amendment in the final conference report on VA's
appropriation for the new fiscal year. We believe this small
investment will pay very large dividends for veterans who
need and use VA services.
We appreciate your attention to this request.
Sincerely,
David G. Greineder,
Acting National Legislative Director, AMVETS;
Carl Blake,
Acting National Legislative Director, Paralyzed Veterans of
America;
Joseph C. Violante,
National Legislative Director, Disabled American Veterans;
Dennis Cullinan,
National Legislative Director, Veterans of Foreign Wars of
the United States.

Mr. AKAKA. Mr. President, I urge my colleagues to support this
amendment. This is a small amount of money relative to the overall
spending in this bill. Indeed, such a modest amount is essential to
ensuring the billions included in this bill are spent wisely.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DeWINE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DeWINE. I ask unanimous consent to speak as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.

Honoring Our Armed Forces

lance corporal eric benholtz

Mr. DeWINE. Mr. President, I rise today to honor a brave young man
from my home State of Ohio, Marine LCpl Eric Bernholtz. Lance Corporal
Bernholtz was killed on August 3, 2005, when an improvised explosive
device detonated under his military vehicle during combat operations
south of Haditha, Iraq. He is survived by his parents, James and
Catherine, his brother Adam and sister-in-law Sarah, and his long-time
girlfriend Erica Scott.
Growing up in Grove City, OH, Eric enjoyed playing sports and video
games with his friends. Eric loved children; his father said that even
when he was in high school, little kids would knock on the door and
say, ``Can Eric come out and play?'' He enjoyed reading and rock
climbing and talked about becoming a firefighter and remodeling houses.
Shortly after the attacks of September 11, Eric decided that he wanted
to serve his country. He decided to do so by enlisting in the Marines
in 2003.
Former neighbor Andy Unger described the 23-year-old Marine Reservist
as a carefree kid who found his focus in the military. Jim, Eric's
father, agreed that his son had found what he was looking for in the
military, even though he knew it meant fighting in Iraq. These are
Jim's words describing a conversation he had with his Eric: ``When Eric
told me he had joined the Marines I said, `You know you will have to go
over there.' And he told me, `Somebody has to do this Dad.' He wanted
to be one of those people.''
Grove City High School guidance counselor John Hampson knew Eric well
and said that he was simply the kind of person who always made others
feel good. ``He would always greet you,'' John recalls. ``He was always
making a point to go out of his way to say hello. He knew how to have
fun, but to have fun in an appropriate manner.'' He remembers Eric as a
jokester who liked to make everyone laugh and that he talked of being a
firefighter when he ended his tour of duty.
The night before Eric's funeral, his friends shared humorous stories
about their friend the prankster. They recalled how they would sneak
into church to play basketball, drink chocolate milkshakes, and talk
all night. In the words of his childhood friend, Brent Carman, ``There
was never a moment without a joke or a smile.'' They laughed about
Eric's trademark footwear, which he called ``shandals.'' This
particular style involved Eric cutting off the toes and heels off his
old gym shoes, and hence turning them into something resembling
sandals. Dave Montgomery, a friend, reflected that Eric was simply the
type of person who loved life.
At Eric's funeral, the Reverend Rob Paugh laughingly recalled his
navigational skills. ``Eric thought he had a sense of direction'' he
said. He then shared a story about how Eric once managed to find a
wedding in Louisiana by simply driving south--without knowing either
the name of the town or the church. The minister was amazed to see him
there in a suit--but no socks.
Eric was a man of tremendous dedication--dedication to his family and
friends and dedication to his faith. A devoted member of the Grove City
Church of the Nazarene, Eric spent much of his time and energy there.
He acted in church dramas and coached church youth sports teams.
Those close to Eric said he was known for being full of life and
personality, having a soft-spoken heart and a love of God. These same
friends stood watch over Eric from the time the Marines brought his
body to the funeral home until the morning of his burial.
And on July 19, few weeks before his death, this is what he told his
mother over the phone: ``I'm not afraid and you know, Mom, if something
happens to me, I'm okay with Jesus. I'm fine. You're going to see me
again.''
Other friends have also reflected upon how important his faith was to
Eric. Jerrod ``Butter'' Watson of Newark, OH, said:

Eric was a solider for our country but more importantly,
for God. He is guarding the gates of heaven now. We mourn the
loss of such an honorable young man but rejoice that he is in
a far better place and we will see him soon. May God bless
the family and friends left behind. I am honored to have
known such an amazing man of faith and courage. He will never
be forgotten.

[[Page 21867]]

A fellow marine commented upon his friendship with Eric Bernholtz,
also making special note of his strong faith in the Lord:

[Eric] was a solid Marine, with endless potential. I know
he's in a better place now. He would never shy away from his
faith and would try to convince others to believe. I remember
that being one of his greatest qualities. I was always
envious of his faith in the Lord. He will be greatly missed,
and the Marine Corps is just a little bit weaker without him.
To his parents, I couldn't have met a better man. I grieve
with you, but couldn't begin to understand your pain. Be
proud of Eric, he was a great person. To Eric, so long
friend, I look forward to the day we meet again.

This strength in the Lord also gives Eric's parents the necessary
willpower to make it through the loss of their beloved son. Jim
Bernholtz said that when he and his wife learned of their Eric's death,
the Lord gave them both peace right away. They miss him every day but
they know exactly where Eric is. In an interview, Jim said that in
twenty-some-odd years he would be shaking hands with his son again.
Eric Bernholtz was a brave young man who always wanted to do the
right thing. His father said, ``Eric told me when he was on the phone
with me last, 'Dad, I'm not scared. I'm ready to come home, but I now
have to finish what I came here to do.'''
His parents Jim and Cathy remember Eric as a ``constant joy.'' Even
when he came home late, missing his curfew by minutes, as upset as they
would try to be with him he would have them all laughing together
within minutes.
At his brother's funeral, Adam Bernholtz, who is deaf, gave the
eulogy in sign language. Eric was his best friend growing up and was
his bridge to the hearing world. Eric grew up with sign language as
much as the spoken word and fit into the deaf world as easily as the
hearing. As Adam finished, he signed: ``I love you. I can't wait to run
and hug you when I see you again.''
Eric Bernholtz will be greatly missed by all those who had the
privilege of knowing and loving him. I am so honored to have been given
the privilege of sharing his bravery with all of you today. Fran and I
continue to pray for this courageous young man and his family.

lance corporal christopher j. dyer

Mr. President, this afternoon I would also like to speak about a
fellow Ohioan who gave his life during Operation Iraqi Freedom--Marine
LCpl Christopher J. Dyer, from Evendale, OH. On August 3, 2005, Lance
Corporal Dyer died near Haditha, Iraq, when a roadside bomb exploded
under his vehicle.
Chris was only 19 years old when he gave his life in service to this
Nation. But 19 years was more than enough time for him to inspire all
who knew him. There are very few--young or old--who live with the same
determination and joy that Chris did. Jason Rosser, one of his
classmates and friends, remembers that Chris ``lived every day to the
fullest--if I was given 100 years more, I still couldn't catch up to
him.''
Winston Churchill once said something that was very simple, but which
perfectly illustrates the life of Chris Dyer--``Never, never, never
give up.'' Chris never gave up. No matter how difficult the challenge,
he wasn't satisfied unless he excelled at it. In fact, Chris
consistently sought out challenges that tested him both mentally and
physically. Giving up simply wasn't an option in his world. He was the
kind of person who sets goals--and then achieves them.
Chris graduated with honors from Princeton High School in 2004. He
had excelled in his classes, taking 5 years of German and 3 of physics.
``If there was a tougher course to take,'' his father, John, recalls,
``he wanted to take it. He was such a fine young man.''
Chris was well-rounded. He played viola in the orchestra and dove for
the swim team. His teammates remember his drive to excel in all sports,
even though he wasn't always the athlete who had the most natural
ability. His father, John, remembers that Chris played football for the
first time in eighth grade--and was team captain by the end of the
season. And during one high school swim meet, Chris attempted a dive
that fell somewhat short of what a dive should be--he belly flopped
into the water with a loud smacking noise. But 5 minutes later, Chris
was bravely climbing the ladder once again--still red from the slapping
of the water.
Princeton High School Principal Ray Spicher said:

Chris was a young man who had tremendous drive and
tremendous potential. He was really intense about a lot of
aspects of life but also fun-loving. He knew how to have a
good time. Chris was the kind of guy we would all hope our
kids would grow up to be like.
Chris was also involved in his community, and took the time to write
to the second- and third-graders in a Sunday school class, thanking
them for the letters they had sent him in Iraq--correspondence he had
enjoyed sharing with his fellow marines.
I have talked about Chris the honors student and Chris the athlete.
It is time for me to talk about Chris, the marine.
Chris joined the Marines out of a strong sense of duty, and because
he felt it was an honor to serve. Growing up, Chris had kept his sights
on his goal of one day serving his country. In high school, the
advanced studies coordinator at Princeton High, Tim Dugan, was also an
ex-Marine. He and Chris grew close, and had many discussions about
Chris's own interest in joining the Corps.
Chris also viewed the Marines as the ultimate challenge. His father,
John, recalls that his son joined the Marines for two reasons. One was
to serve his country, and the other was to prove himself as one of the
best. For Chris, the Marines were just another way of testing himself.
Chris also understood what it truly meant to be a marine. John
remembers walking with his son just after he graduated from boot camp.
These were Chris's words:

Dad, I know you're going to be worried. I don't want you to
worry. I'm going to come home. I couldn't be any happier with
what I am in life right now. Dad, I know this is hard for
you, but if it comes to it and I have to give my life for one
of my fellow Marines, I'll do it without thinking.

John says that the Marines gave Chris the focus that helped him
fulfill his enormous potential. ``I think, for him not to reach his
dreams,'' John said, ``would have killed him just as much as that bomb
in Iraq.'' Upon arriving in Iraq, Chris was offered a job training
Iraqis. Although this meant an immediate promotion and a job off the
front lines, Chris--who was the only PFC in his company to carry a
squad automatic weapon, or SAW--refused. He explained his decision in a
long letter to his father, writing:

I was offered that job training Iraqis. But, Dad, I'm a SAW
gunner, and you know what that firepower means to my squad,
so I turned it down. So, no promotion, no safe haven, no
worries.

I think Chris's letter says a lot about the type of marine he was--
and about the type of marines he served with.
Chris was a member of Lima Company, which lost thirteen other men--
eight of them from Ohio--on the day Chris died. It was a tragedy felt
not only by Ohio but by the entire Nation. The bond among these men was
something not seen everyday. Chris' father, John, remembers that his
son described them as closer than brothers. In video footage of the
unit in Iraq, the musical Chris is seen strumming his guitar and
singing Puff the Magic Dragon, while his Marine brothers laugh around
him.
I attended Chris' funeral at Arlington Cemetery and was honored to
meet his family and friends, who have been truly inspired by his
strength of character and dedication to his country. Chris' little
sister Sarah has also enlisted in the Marines, and is currently
attending the Ohio State University on a Navy ROTC scholarship. She
obtained her parents' permission to graduate from high school a year
early, and was the second youngest recruit in her graduating class at
Parris Island. ``My brother did influence my decision in that he wanted
to serve his country,'' she said. ``He realized we have so many
freedoms. We have a debt to society.''
Sarah wrote the following poem in honor of her brother:

Dear Dear Brother
You have gone home,
To your Father, your Savior,
Your Kingdom is come.

[[Page 21868]]

Dear Dear Brother,
You fought bravely as a knight,
You are a Devil Dog with the fiercest bite.
Dear Dear Brother
We miss you so,
Your father, mother, sisters.
All your friends and Joe.
Dear Dear Brother
We will see you again,
After triumphs, and troubles, and all of our pain.
Dear dear brother,
Stay Tough on high.
We will remember you.
SEMPER FI

A bright future awaited Chris Dyer. He had been accepted into the
honors program at the Ohio State University and was planning to study
finance so that he could become a partner in an investment firm. In the
last email he sent to his father, he asked that his coming home party
include salmon, burgers, steaks, and brats. He wanted to purchase a
1999 Jeep Grand Cherokee, complete with power V-6 and a Moon roof.
Chris also wrote that he wouldn't be working during the few months he
was home before beginning classes--he was going to take that time to
get his pilot's license, something that had been his dream for years.
In a mural painted in his memory, a plane flies across a midnight blue
background towards a single star representing Chris' spirit.
Chris Dyer was a man who was always reaching for the next goal, the
next accomplishment. With his life he selflessly defended the values
that we all cherish--freedom, liberty, and democracy. His mother,
Kathy, spoke as Chris during a memorial service in his honor. ``Today I
am not a fallen hero,'' she said. ``I am a risen one.''
There is no one for whom that statement could be truer than Chris
Dyer. He always wanted to be the absolute best in whatever he did, be
it a new sport, an honors student, a caring brother, or a marine. His
parents John can take comfort in knowing that their son was successful
in all of the above.
My wife Fran and I wish to express our deepest thanks to Christopher
Dyer for giving his life for our freedom. We will keep his family--his
parents John Dyer and Kathy Dyer, and his sisters Laura and Sarah--in
our thoughts and prayers.

Lance Corporal Daniel McVicker

Mr. President, this afternoon I come to the Senate floor to pay
tribute to a remarkable young man and a fellow Ohioan--Marine LCpl
Daniel M. McVicker from Alliance, OH. Lance Corporal McVicker was
killed in the city of Al Qaim, Iraq on October 6, 2005, while driving
an armored vehicle that was hit by a roadside bomb. He was 20 years
old.
Daniel is survived by his father and stepmother, Mark and Irma
McVicker, and his mother and stepfather, Carey and Bill Meissner. He
was also the loving brother of Mollie McVicker and Eddie Ricci. Daniel
is also survived by his grandparents Chet and Nancy Wiley; his
grandfather Morgan McVicker; and his great-grandmother Dorothy Bingham.
Danny--as he was known to family and friends--lived his life to the
fullest. His mother, Carey, remembers him as ``a wonderful son and a
guy who always liked to have fun.'' He had many interests, and was
deeply involved in school extracurricular activities. As a freshman at
West Branch High School in Beloit OH, he wrestled and played football
until he injured his ankle. But this didn't stop Danny, who quickly
turned to a new love--music.
He joined the school's concert choir and became a favorite
participant in West Branch's annual spring musicals, playing roles in
``Guys and Dolls,'' ``The Wizard of Oz,'' and ``Grease.'' During his
junior and senior year, he joined the school's highly competitive
ensemble choir, Young and Alive, and also traveled to perform at
Disneyland. And during his senior year, Danny earned the honor of being
elected by his peers as ``Assistant Warrior Chief,'' one of three
mascots for the school.
Danny was something we could all aspire to--a young man who simply
had the confidence to be himself. This is what his father, Mark
McVicker, had to say about him:

He had his own drum and people loved him for it. If you met
him, you loved him. He was very strong, very friendly, very
popular.

Dr. Scott Weingart, the superintendent of West Branch High School,
expressed a similar sentiment. He said:

Our students remember Dan McVicker as a student who was
nice to everyone, who had friends in many, many different
circles.

And Mr. John Zamarelli, Danny's music teacher, described Danny as
``the rarest of teenagers--one so secure that he never worried about
what anybody thought of him.''
Danny was indeed an individual with many interests. But his strongest
passion was the desire to serve our Nation. Danny and his friends were
only high school juniors when the September 11, 2001, terrorist attacks
occurred. And yet they were deeply moved by the events of that day.
Inspired to serve his country, Danny joined the Marines Corp shortly
after he graduated in 2003. Nine of his classmates joined along with
him, all motivated by the same desire. Together, these young men gave
new meaning to the mascot of West Branch--the Warriors.
Dr. Weingart was not surprised when he learned that Danny had decided
to enlist. ``He was just that kind of young man,'' he said.
Once Danny made the decision to enlist in the Marines, he was
surrounded by love and support. Eleven family members accompanied him
to his enlistment ceremony in Cleveland. They were all very proud.
In Iraq, Danny served in the Combat Logistics Battalion Security
Company, providing security for convoys as part of the II Marine
Expeditionary Force. His fellow marines thought very highly of him. Joe
Vickery of Mantua, Ohio, remembers that he saw Danny ``transform into a
great marine.'' In Joe's words, Danny ``never gave up.''
Indeed, Danny was a great marine who ``knew what he had to do.''
While stationed at the Marine Corps Air Station in Cherry Point, NC, he
volunteered to go to Iraq on several occasions. In the words of his
father, Mark:

He truly felt like he wasn't contributing unless he was
over there.

This was just typical of Danny. He was always willing to help out--be
it his country, community, or fellow man. He was a proud member of the
First Brethren Church of North Georgetown, someone deeply rooted in his
church and community. After joining the Marines, he corresponded on a
regular basis with his pastor, Rev. Mitchell Funkhouser. Reverend
Funkhouser particularly recalls one letter, the last that Danny sent.
Referring to his duty to protect the other troops, Danny had written:

They called us the Guardians. It's a humbling title.

I would like to share a story that his father Mark relates about
Danny, who had wanted to get a tattoo since he was 18, but waited until
he joined the Marines to do so. Danny had waited until after his 18th
birthday to enlist because he wanted to sign up on his own--he didn't
want his dad to do it for him. Well, Danny talked over the tattoo
decision with his father Mark and his stepmother Irma. A Bible verse
was what he wanted, he said, thinking that because it was religious
they would agree to it quicker. As his father, Mark, says:

So one Sunday the three of us sat down in the living room
and researched the Bible. He said I want something that
describes strength and it must be in the Book of Daniel.

Mark and Irma--but mostly Danny--agreed after a couple hours of Bible
study that Daniel 10:6 was going to be his first tattoo once he was a
Marine. Danny unveiled the new tattoo that Thanksgiving. It was on his
left shoulder and read:

His body also was like the beryl, and his face as the
appearance of lightning, and his eyes as lamps of fire, and
his arms and his feet like in colour to polished brass, and
the voice of his words like the voice of a multitude.

Danny was proud of the chosen verse, and Mark himself even agreed
that it was a nice-looking tattoo. And 10/6--the number of the Bible
verse that Danny chose--also became the month and day that he died a
hero serving his Nation, a symbol of strength and dedication.
Danny McVicker was dearly loved and respected by all who knew him.

[[Page 21869]]

Over 400 friends, neighbors, and strangers came to his funeral to pay
their respects. At the funeral, Danny's old roommate, Marine Corporal
Ben Fiddler, said that ``having Daniel as a friend was a blessing.''
Danny's schoolmates at West Branch felt the same way. After his
death, they honored him with a makeshift memorial in front of the
school. The school has also formalized a tribute by naming a senior
award in his honor, and a moment of silence was observed in his honor
before a West End versus Alliance High School football game, a game
which Danny's Warriors won with a thrilling, last minute field goal.
Indeed, his family, friends, and neighbors will never forget Danny
McVicker. He lived life to the fullest, and was model of what we all
hope our children will become. His heart was big, and he had a
tremendous sense of dedication to his family, community, and country.
His parents should be applauded for having raised such a wonderful son
and patriot.
My wife Fran and I will continue to keep the family of Daniel
McVicker in our thoughts and prayers.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DeWINE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

MORNING BUSINESS

Mr. DeWINE. Mr. President, I ask unanimous consent the Senate now
proceed to a period of morning business with Senators permitted to
speak for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DeWINE. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. WYDEN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WYDEN. Mr. President, I ask unanimous consent to speak as in
morning business for up to 15 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

MEDICARE ENHANCEMENTS FOR NEEDED DRUGS ACT

Mr. WYDEN. Mr. President, a new public opinion poll shows that
Americans are particularly concerned about the restriction that keeps
Medicare from bargaining to hold down the costs of the medicine older
people purchase.
In fact, a new poll yesterday indicated 93 percent of the American
people want this restriction lifted--and for obvious reasons. The fact
of the matter is, millions of older people simply cannot pay their
skyrocketing prescription drug bills and they want to know why the
Government isn't doing more to contain these costs.
Fortunately, we have been able to make a little bit of headway on
this issue in the Senate. Senator Snowe and I, in particular, earlier
this year, got the support of 54 Senators, a majority of the Senate, to
lift this restriction and take stronger action to hold down the cost of
medicine.
Medicare is sort of like the guy going to Costco buying toilet paper
one roll at a time. The Government is not acting like a smart shopper.
The Government is not taking practical steps like everyone in
Tennessee, Oregon, Iowa, or anywhere else, to use bargaining power to
hold down the cost of this essential for older people, prescription
drugs.
We have made a bit of headway. I have been particularly pleased the
distinguished Senator from Nevada, Mr. Reid, made it clear this would
be a top priority for the Senate to take up when we begin our work
early next year.
Given that and in hopes that the Senate can come together on a
bipartisan basis--and I believe the approach Senator Snowe and I have
been taking for the past 3 years can now get over 60 votes in the
Senate--I take a few minutes tonight to outline a bit as to how it
would work if this restriction was lifted and Medicare could genuinely
act to hold down the cost of medicine.
So let's start with the example of a new drug coming out on the
market for cancer, and it is an expensive drug. Let's say this drug
that many seniors will need will cost $100,000. At present, each of the
plans that offers the prescription drug benefit has to negotiate for
the few people in each of those plans who might need the new drug.
If the legislation Senator Snowe and I have been advocating became
law, the Secretary could negotiate on behalf of all the people in the
Medicare private plans who need the drug. That way, there would be new
leverage for older people in the private marketplace to hold down the
cost of medicine. If you had a small number of people in a private
plan, say, in Tennessee, and a small number of people in a private plan
in Oregon, and a small number of people in a private plan in Iowa, the
Secretary could negotiate on behalf of all of those people in
Medicare's private plans. That could mean real savings to folks in
Tennessee and folks in Oregon and folks elsewhere who right now do not
have a lot of leverage in the private marketplace.
Now, think about the implications of this proposal. Nobody is talking
about price controls. Nobody is talking about a one-size-fits-all run-
from-Washington, DC, approach that would freeze innovation.
I know the distinguished Senator from Tennessee has been particularly
interested, as I have, in taking approaches that promote innovation in
the science and biomedical fields. What I have just described, which is
something that could be done under the approach Senator Snowe and I
have been advocating, will not freeze research, will not freeze
innovation, but will make darn sure the senior citizens of this country
and the taxpayers of this country have a new opportunity to hold down
the cost of medicine and also protect the wallets of our taxpayers.
Let me give another example of how this approach can contain the
costs of medicine. Let's say we have an older person in Portland, OR,
or Miami or New York. They are in a metropolitan area, and in the
metropolitan area they may have a choice of major plans because a lot
of folks are vying to get a part of the ``big city'' market with a lot
of older people. So let's say one of the seniors is in an HMO, a health
maintenance organization, or they are in something called a PPO, a
preferred provider organization, or maybe they are in a drug-only
private plan. All of those private entities may be looking for ways to
hold down the costs, but if one of those private plans does not get the
same deal the other big private buyers get, then one of those plans can
ask Medicare to step in at that point. In effect, one of those private
plans that is not getting a fair shake in the marketplace can say to
Medicare: Hey, look, we are not getting a very good deal when it comes
to negotiating for our seniors. At that point, Medicare could step in
and say: We are going to assist in that kind of bargaining process.
I happen to think just the fact Medicare is in a position to have
that leverage--if the private marketplace is not willing to bargain
seriously, is not willing to negotiate seriously--just the fact there
would be that kind of leverage for Medicare can help to be a force to
contain the cost of medicine for older people.
So here again I have cited an example of how you can hold down the
cost of medicine without price controls, without national formularies
and approaches that could constrain innovation, just by using plain old
common sense and bargaining power, the way every business does in North
Carolina, Tennessee, and across the country.
Now, finally, it seems to me we ought to be thinking about the fact
that with many older people, they will have a private retirement
package as well. So a lot of those seniors are concerned about their
overall health care bill, knowing they are going to get some

[[Page 21870]]

help from Medicare and some help from a private health package as well.
But if you hold down the costs of the Medicare plan, then you are going
to have more money in the pockets of older people as they try to cope
with their extra out-of-pocket costs.
So when the Medicare plans save seniors money on medicine, that is
simply less cost the retiree plan has to make up. Seniors are going to
be looking at their overall bill, and they want to know that every step
possible is being taken to hold down their Medicare expenses, as
Senator Snowe and I have been advocating for the last 3 years, because
if that is done, there is simply less cost for the retiree plan to make
up.
Containing the costs on the Medicare side has the potential to help
keep costs down for employers insuring their retirees. So if you do
that, you are also going to provide some relief to the taxpayers of
this country because included in the original Medicare bill are a lot
of subsidies designed to help employers keep insuring their retirees so
a lot of older people do not just get pushed back entirely into
Medicare when their employers ought to be helping them. By containing
drug costs through Medicare and containing some of the costs for those
employers, then the need for taxpayer dollars to shore up those
employer plans goes down.
What is the bottom line? We are going to be able to help seniors not
through a Government cost-containment approach but by empowering those
who are supposed to advocate for them in the private marketplace. That
is what 54 Members of the U.S. Senate have voted for. It is a
comprehensive, market-based, cost-containment approach. It will help
older people in the marketplace if they are part of a small plan. And
the Secretary is in a position to negotiate on behalf of all of those
in those small plans, say, for an expensive cancer drug. It could help
the older person in a big city where some plans are getting a good deal
but one senior is not. At that point, the senior wants somebody to make
sure there is some extra clout in the marketplace.
Finally, I think what Senator Snowe and I have been advocating over
these last 3 years will help employers and taxpayers as well. If you
hold down the costs on the Medicare side, that is going to mean the
employers--the employers--of this country are not going to have to come
up with as much money on their side to protect their retirees.
Containing costs on the Medicare side clearly has the potential to keep
costs down for employers insuring their retirees.
So now, as the Senate begins to schedule for early next year and
Senators look at the variety of issues that are coming up, I hope they
will look in particular at this concept which has won the support of 93
percent of the American people. I think most Americans just scratch
their heads and say: How in the world could the Government say the only
people in the United States--the only people in the United States--who
will not bargain to hold down the costs of medicine are those running
Medicare?
If you are in North Carolina and you are in the technology sector or
you are in Oregon in the natural resources sector, the first thing you
try to do is use your bargaining power and get the most for your
dollar. You act as a smart shopper. And people have been flabbergasted
that Medicare is the only ``person'' out there shopping without using
every bit of clout that would be available to older people in the
marketplace.
That is why this evening I wanted to take a few minutes to outline
specifically how the changes Senator Snowe and I have been advocating
for the last few years would work. They are common sense. They use the
marketplace to protect the wallets of senior citizens and our
taxpayers. I am particularly pleased Senator Reid has indicated this
would be a high priority. Fifty-four Members of the U.S. Senate have
already voted for it. I hope next year--as people begin to understand,
with the examples I have given tonight and others, how this would
work--my hope is early next year a significant step will be taken
finally to hold down the costs of the medicines that are essential for
this country's older population.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Burr). The clerk will call the roll.
The legislative clerk proceeded to call the roll
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

EDWARD McGAFFIGAN, JR.

Mr. BINGAMAN. Mr. President, the Nuclear Regulatory Commission was
established on January 19, 1975, to regulate the Nation's civilian
nuclear power industry. Since then, 25 men and three women have served
as members of that commission. Members are appointed by the President
by and with the advice and consent of the Senate for 5-year terms. On
November 3, Commissioner Ed McGaffigan, Jr. became the longest serving
member of the NRC. Of the 28 men and women who have served as
commissioners since 1975, only 6 have been reappointed to a second
term. Only one, Ed McGaffigan, has been reappointed to a third term.
First appointed by President Clinton in 1996, Ed was reappointed to a
second term in 2000, and reappointed by President Bush to a third term
in 2005.
The Senate rarely confirms NRC nominations before the date set by law
for the term to begin, so none of the six commissioners who have served
2-year terms have served a full 10 years. Until this month, the longest
serving NRC commissioner was Kenneth Rogers, who served a week short of
9 years and 11 months. On November 3 of this year, Ed McGaffigan broke
that record.
Length of time in office, of course, is not an end in itself. How
long a commissioner serves is not as important as how well he or she
serves the public interest while on the commission. By this measure,
too, Ed McGaffigan stands out.
Congress created the Nuclear Regulatory Commission not to promote
nuclear power but to regulate nuclear power. The commission's job, in
the words of the Atomic Energy Act, is to ``promote the common defense
and security and to protect the health and safety of the public.'' Ed
has taken those words to heart.
Throughout his time on the commission, Ed has worked to improve the
efficiency and the effectiveness of the NRC's regulatory programs. He
has been instrumental in improving the reactor oversight process,
focusing it more directly on risks and on activities important to plant
safety and, at the same time, making it more transparent and open to
the public. Following 9/11, he helped revamp the NRC's security and
emergency preparedness programs to strengthen the Nation's nuclear
facilities against the possibility of a terrorist attack. He has helped
lay the groundwork for licensing the next generation of nuclear
powerplants, new uranium enrichment plants, and the nuclear waste
depository. He has also taken an active role in managing the generation
change confronting the NRC by helping to hire and train a new
generation of nuclear regulators to replace the current generation
which is now retiring. He is a firm but fair regulator and an effective
nuclear safety watchdog.
I take special interest in Ed's achievements on the commission
because Ed was one of the first people I hired when I came to the
Senate in 1983. He was a legislative assistant. Later he was my
legislative director and, finally, my senior policy adviser. He was my
right hand on defense and technology policy, on personnel and
acquisition reform, on nuclear nonproliferation and export control
policy, all of that until he joined the NRC in 1996.
Ed had already established himself as a brilliant physicist and a
dedicated public servant before I hired him. He had earned degrees in
physics from both Harvard and Cal Tech and in public policy from
Harvard's Kennedy School of Government. He had served in the Foreign
Service. He had been a science attache at our embassy in Moscow. He
held simultaneous senior posts on both the staff of the National
Security Council and the Office of Science

[[Page 21871]]

and Technology Policy. He was, in short, an established expert on
science and technology and energy and defense issues when he joined my
staff. As a newly elected Senator, I was indeed fortunate to have his
counsel at the start of my work here in the Senate. He is an invaluable
ally, a tenacious adversary, and a fine human being. I am honored to
have his friendship.
It comes as no surprise to me that Ed has served the commission as
long or as ably as he has. He has devoted his career to public service.
He has served us well with his scientific skill, his expert knowledge,
and his sound judgment.
At his third confirmation hearing before the Committee on Environment
and Public Works last year, Ed spoke movingly of his Irish immigrant
father. He had encouraged Ed to ``dream big dreams'' and taught him, by
acting on those dreams, to make them possible. In a lifetime of public
service, Ed has dreamed big dreams and the Nation is better for it.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

SERVING FLORIDIANS

Mr. NELSON of Florida. Mr. President, it is a great privilege for
this Senator from Florida to continue public service as a result of the
will expressed in last Tuesday's election by the people of my State of
Florida. It is a great privilege for a lifetime of public service. It
is especially a great privilege serving in this body at this time in
our Nation's history, with the challenges that are facing us.
I believe there are many messages that have come from the American
people in this election that we have just experienced. Clearly, the
issue of Iraq and the policy of the United States Government toward
Iraq is one. That was discussed during the election all over this
country, and it was particularly discussed as two of the main items of
interest in the two televised debates that we had in the Senate
election in Florida.
The other message coming out of this election, in addition to Iraq,
is that the American people are tired of the partisan bickering. They
have seen excessive partisanship operative in Washington. When they see
that excessive partisanship overlaid with ideological rigidity, the
result is gridlock. That is what we have had, in large part. People
would like for their public servants to perform by reaching out to each
other across the aisle and bringing people together in order to build
that consensus in order to govern. That has not been the main theme in
the American Government in the last several years.
I hope that both the House of Representatives and the Senate are
getting that message loudly and clearly from the American people. I can
tell you, Mr. President, I know what Floridians are thinking. It is my
business to know that. Interestingly, also, Florida is a microcosm of
the Nation. People are tired of this bickering. Folks do not want a
Republican or a Democratic solution; they want the right solution. If
you do what is right, you can get a lot done. That is what the American
people want.
Certainly, a thorny problem, such as how to bring about stability in
Iraq, is going to require a bipartisan solution. It is going to take a
great deal of cooperation between the legislative branch, the Congress,
and the executive branch, the President. The statements that we have
heard by the new majority leaders of both the House and the Senate, as
well as the statements made by the President, are certainly statements
in the right direction. Now we will see if those statements can, in
fact, become a reality in deeds and accomplishments.
This Senator is dedicated to reaching out and building that consensus
across the aisle, when you look at the enormous challenges that are
facing this country in addition to Iraq--the whole war on terror, the
defense of the homeland, the protection of our seaports; the stability
of the U.S. budget, the attempt to bring the budget back into balance,
an approach of pay-as-you-go; attending to the needs of our senior
citizens, particularly senior citizens who have been lifted out of so
much poverty as a result of these programs, such as Medicare and Social
Security, and the protection of those programs and the proper financing
of those programs; the need of the United States to address the needs
of assisting State and local governments on education; the preparation
for the big one that is surely to come in terms of natural disasters
because, surely, we are going to have it--and the two Senators in the
Chamber, both, are coastal Senators. A category 4 or 5 hit directly
from the water on a highly dense urbanized area, and that will cause
economic havoc that will be even over and above what we have seen, and
the potential of insurance losses in excess of what we experienced in
the 2005 and 2004 hurricanes that hit a lot of our Southeastern States.
When the economic loss and insurance loss hits $50 billion, there is
no one State, no one insurance company that can withstand that kind of
loss. That is another challenge facing us. Then there is the
straightening up of FEMA and its ability to respond, and respond
quickly, which I have great hopes under Administrator of FEMA Paulison
that we are much better prepared than we were in the 2004 and 2005
hurricane cycles.
As we go down the list of the challenges that are facing this
country--and there are many that I have not named--these cannot be
solved as a Democratic or as a Republican solution; they have to be
solved with the right solution; otherwise, you will never get
consensus, particularly in the Senate. So this is my profound hope, and
I want to express it to the Senate on this first day after the Tuesday
election of November 7.
The message has been clear: Stop the partisan bickering. Reach out
across the aisle. Bring people together with the enormous geographical
and philosophical differences as are expressed in this Senate,
reflecting the opinions of the people of the United States to reach out
across these partisan lines and bring people together.
Mr. President, again, I appreciate the privilege of continuing my
service to our country as I express this heartfelt opinion.
The PRESIDING OFFICER (Mr. Cornyn). The Senator from Georgia.

____________________

TRIBUTE TO DR. ROBERT LIPSON

Mr. ISAKSON. Mr. President, simultaneous with my remarks tonight at
Kennesaw University Convocation Center in Cobb County, GA, there is a
memorial service where thousands of my fellow citizens are paying
tribute to the life, the times, and the contributions of Dr. Robert
Lipson. On Saturday night, Dr. Lipson, leaving Kennestone Hospital, was
killed in a tragic automobile accident with a motorcycle just two or
three blocks from the health care facility to which he had dedicated
the majority of his life.
Dr. Lipson was just not any ordinary doctor; he was an extraordinary
human being. Dr. Lipson was president and CEO of WellStar Health
Systems, the owner and operator of five hospitals in metropolitan
Atlanta, in Cobb, Douglas, and Paulding Counties, the employer of
hundreds of doctors and thousands of caregivers, and one of the true
leaders in modern health care today in our State.
Dr. Lipson, in his time at Kennestone Hospital, did a $68 million
capital improvement with an 84-bed residential tower. He brought an
open-heart surgical unit to Kennestone Hospital, and at the time of his
tragic loss, Dr. Lipson's emergency room at Kennestone Hospital was the
second largest emergency room in the State of Georgia and one of the
largest in the United States, serving victims of tragic trauma
throughout the metropolitan area.
But it wasn't only his leadership as the head of WellStar Health
Systems.

[[Page 21872]]

For 25 years prior to his appointment, he had a practice in internal
medicine in our community. He was a leader in his synagogue, Etz Chaim,
and brought to that leadership tremendous involvement in our community.
He was a gifted photographer. In fact, only 8 weeks ago--8 weeks before
his death--his photography was displayed at Kennesaw University for all
to see because of his great insight, his great talent, his credibility,
and the way he had captured not only our community but all the special
places in the world he visited.
So tonight on the floor of the Senate, on behalf of myself and
thousands and thousands of citizens in my State, I extend to his wife,
his mother, his son, and his daughter our sympathy in this tragic loss
but also our pride and joy in the great contributions of Dr. Robert
Lipson to the betterment of the health of countless thousands of
citizens and the betterment and the health of our community.
I yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FRIST. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

HONORING OUR ARMED FORCES

Corporal Lance M. Thompson

Mr. BAYH. Mr. President, I rise today with a heavy heart and deep
sense of gratitude to honor the life of a brave young man from Upland,
IN. Cpl Lance M. Thompson, 21 years old, died on November 15th. Lance
was killed by an improvised explosive devise while conducting combat
operations in the Al Anbar Province of Iraq. With his entire life
before him, Lance risked everything to fight for the values Americans
hold close to our hearts, in a land halfway around the world.
A 2001 graduate of Eastbrook High School, Lance followed in his
brother Phillip's footsteps by joining the Marines. His father,
Gregory, told the Kokomo Tribune that his son had been a committed
member of the Armed Forces and believed in what the Marines were doing
in Iraq. Reflecting on Lance's life, his half-brother, Matt, told the
Marion Chronicle-Tribune that his ``motto'' had been ``gung-ho.'' This
selfless dedication carried Lance through his first tour of duty in
Iraq and led him back again for a second tour, which began in September
of this year.
Lance was the 38th Hoosier soldier to be killed while serving his
country in Operation Iraqi Freedom. He was assigned to the Weapons
Company, 2nd Battalion, 5th Marine, 1st Marine Division, Camp
Pendleton, CA. This brave young soldier leaves behind his wife Dawn,
his father Gregory, his mother Melanie, his brother, Phillip; and his
half-brothers, Matt and Alexander.
Today, I join Lance's family, his friends, and the entire Upland
community in mourning his death. While we struggle to bear our sorrow
over this loss, we can also take pride in the example he set, bravely
fighting to make the world a safer place. It is his courage and
strength of character that people will remember when they think of
Lance, a memory that will burn brightly during these continuing days of
conflict and grief.
Lance was known for his dedication to family and his love of country.
According to friends and loved ones, he also enjoyed spending time
outdoors, being with children and animals, and was always making jokes.
Today and always, Lance will be remembered by family members, friends,
and fellow Hoosiers as a true American hero, and we honor the sacrifice
he made while dutifully serving his country.
As I search for words to do justice in honoring Lance's sacrifice, I
am reminded of President Lincoln's remarks as he addressed the families
of the fallen soldiers in Gettysburg: ``We cannot dedicate, we cannot
consecrate, we cannot hallow this ground. The brave men, living and
dead, who struggled here, have consecrated it, far above our poor power
to add or detract. The world will little note nor long remember what we
say here, but it can never forget what they did here.'' This statement
is just as true today as it was nearly 150 years ago, as I am certain
that the impact of Lance's actions will live on far longer than any
record of these words.
It is my sad duty to enter the name of Lance M. Thompson in the
official Record of the U.S. Senate for his service to this country and
for his profound commitment to freedom, democracy, and peace. When I
think about this just cause in which we are engaged and the unfortunate
pain that comes with the loss of our heroes, I hope that families like
Lance's can find comfort in the words of the prophet Isaiah who said,
``He will swallow up death in victory; and the Lord God will wipe away
tears from off all faces.''
May God grant strength and peace to those who mourn, and may God be
with all of you, as I know He is with Lance.

Lance Corporal James Brown

Mr. President, I rise today with a heavy heart and deep sense of
gratitude to honor the life of a brave young man from Owensville. James
Brown, 20 years old, died on November 2 after being struck by a sniper
bullet while on patrol in Al Anbar Province west of Baghdad. James
risked everything to fight for the values Americans hold close to our
hearts, in a land halfway around the world.
Inspired by the Sept. 11, 2001, terrorist attacks, James joined the
Marines after graduating from Gibson Southern High School in 2005 and
was deployed to Iraq in June. He planned to marry his high school
sweetheart, Jamie Coleman, when he returned home in a few months.
Family friend Kenny Dewig said James had been a leader in the Marines
just as he had been a leader with his Titans high school football team,
``He was just in charge of the whole squad on patrols. He was just a
really good boy.''
Jonathan was killed while serving his country in Operation Iraqi
Freedom. He was assigned to the 3rd Battalion, 2nd Marine Regiment, 2nd
Marine Division, II Marine Expeditionary Force, Camp Lejeune, NC. This
brave soldier leaves behind father James Ling of Evansville, mother
Joanne Van Antwerp of Owensville, sister Carma Dart, and brother Dillen
Friend.
Today, I join James's family and friends in mourning his death. While
we struggle to bear our sorrow over this loss, we can also take pride
in the example he set, bravely fighting to make the world a safer
place. It is his courage and strength of character that people will
remember when they think of James, a memory that will burn brightly
during these continuing days of conflict and grief.
James was known for his dedication to his family and his love of
country. He was looking forward to his wedding and starting a life with
Jamie. Today and always, James will be remembered by family members,
friends, and fellow Hoosiers as a true American hero, and we honor the
sacrifice he made while dutifully serving his country.
As I search for words to do justice in honoring James's sacrifice, I
am reminded of President Lincoln's remarks as he addressed the families
of the fallen soldiers in Gettysburg: ``We cannot dedicate, we cannot
consecrate, we cannot hallow this ground. The brave men, living and
dead, who struggled here, have consecrated it, far above our poor power
to add or detract. The world will little note nor long remember what we
say here, but it can never forget what they did here.'' This statement
is just as true today as it was nearly 150 years ago, as I am certain
that the impact of James's actions will live on far longer than any
record of these words.
It is my sad duty to enter the name of James Brown in the official
Record of the U.S. Senate for his service to this country and for his
profound commitment to freedom, democracy, and peace. When I think
about this just cause in which we are engaged and the unfortunate pain
that comes with the loss of our heroes, I hope families like James's
can find comfort in the words of the prophet Isaiah who said, ``He will
swallow up death in victory; and the Lord God will wipe away tears from
off all faces.''

[[Page 21873]]

May God grant strength and peace to those who mourn, and may God be
with all of you, as I know He is with James.

Sergeant Brock Babb

Mr. President, I rise today with a heavy heart and deep sense of
gratitude to honor the life of a brave Hoosier from Evansville. Brock
Babb, 40 years old, died on October 15 after a roadside bombing in Al
Anbar Province, Iraq. Brock risked everything to fight for the values
Americans hold close to our hearts, in a land halfway around the world.
Brock enlisted in the Marines after graduating from Reitz High School
in 1984. He served in the first gulf war and then returned home to
become a sheet metal worker and raise his family. In 2004, Brock
decided to reenlist, feeling that he had unfinished business in Iraq.
Brock was remembered by his mother Susie as a dedicated and caring
American happy to carry out his duty, when she said that he wanted to
help young marines survive.
Brock was killed while serving his country in Operation Iraqi
Freedom. He was assigned to Marine Forces Reserve's 3rd Battalion, 24th
Marines, 4th Marine Division. This brave soldier leaves behind wife
Barbara Babb; parents Susie and Terry Babb; and children Tanner, Zoie,
and Levi Babb.
Today, I join Brock's family and friends in mourning his death. While
we struggle to bear our sorrow over this loss, we can also take pride
in the example he set, bravely fighting to make the world a safer
place. It is his courage and strength of character that people will
remember when they think of Brock, a memory that will burn brightly
during these continuing days of conflict and grief.
Brock was known for his dedication to his family and his love of
country. He had only been in Iraq for 2 weeks at the time of the attack
and was looking forward to helping his fellow marines. Brock's
dedication and sense of duty made him a model marine and a true leader
for the others serving with him. Today and always, Brock will be
remembered by family members, friends, and fellow Hoosiers as a true
American hero, and we honor the sacrifice he made while dutifully
serving his country.
As I search for words to do justice in honoring Brock's sacrifice, I
am reminded of President Lincoln's remarks as he addressed the families
of the fallen soldiers in Gettysburg: ``We cannot dedicate, we cannot
consecrate, we cannot hallow this ground. The brave men, living and
dead, who struggled here, have consecrated it, far above our poor power
to add or detract. The world will little note nor long remember what we
say here, but it can never forget what they did here.'' This statement
is just as true today as it was nearly 150 years ago, as I am certain
that the impact of Brock's actions will live on far longer than any
record of these words.
It is my sad duty to enter the name of Brock Babb in the official
Record of the U.S. Senate for his service to this country and for his
profound commitment to freedom, democracy, and peace. When I think
about this just cause in which we are engaged and the unfortunate pain
that comes with the loss of our heroes, I hope families like Brock's
can find comfort in the words of the prophet Isaiah who said, ``He will
swallow up death in victory; and the Lord God will wipe away tears from
off all faces.''
May God grant strength and peace to those who mourn, and may God be
with all of you, as I know He is with Brock.

Sergeant Kraig Foyteck

Mr. President, I rise today with a heavy heart and deep sense of
gratitude to honor the life of a brave young man from LaPorte. Kraig
Foyteck, 26 years old, died on October 30 after being hit by small arms
fire during a raid on a house near Baghdad. Kraig risked everything to
fight for the values Americans hold close to our hearts, in a land
halfway around the world.
Kraig enlisted in the military at 23 in search of adventure. He had a
passion for gymnastics and enjoyed parachuting. Kraig's mother spoke of
his deep sense of patriotism and commitment to his country, telling a
local news outlet that the night before he left for his tour she sensed
second thoughts, but her son wanted to honor his commitement. In August
2005, Kraig was sent to Mosul in northern Iraq, where his mother said
he patrolled with his Stryker unit and handed out candy and toys to
Iraqi children. Kraig was supposed to have finished his tour in August,
but the day before leaving Iraq, he was told he would be sent to
Baghdad for a few months. He was due to return in January. He had hoped
to reenroll in college after being discharged from the Army and planned
to study medicine.
Kraig was killed while serving his country in Operation Iraqi
Freedom. He was assigned to A Company, 2nd Battalion, 1st Infantry
Regiment, 172nd Stryker Brigade Combat Team, Fort Wainwright, AK. This
brave soldier leaves behind his mother, Connie Foyteck of LaPorte;
father Rik Gutzke of Oregon; a brother, Christopher; and grandparents
Virginia and Jack Foyteck.
Today, I join Kraig's family and friends in mourning his death. While
we struggle to bear our sorrow over this loss, we can also take pride
in the example he set, bravely fighting to make the world a safer
place. It is his courage and strength of character that people will
remember when they think of Kraig, a memory that will burn brightly
during these continuing days of conflict and grief.
Kraig was known for his dedication to his family and his love of
country. The Army awarded him a Purple Heart in December after he broke
four bones in his back, but Kraig insisted that he return to his unit.
Today and always, Kraig will be remembered by family members, friends,
and fellow Hoosiers as a true American hero, and we honor the sacrifice
he made while dutifully serving his country.
As I search for words to do justice in honoring Kraig's sacrifice, I
am reminded of President Lincoln's remarks as he addressed the families
of the fallen soldiers in Gettysburg: ``We cannot dedicate, we cannot
consecrate, we cannot hallow this ground. The brave men, living and
dead, who struggled here, have consecrated it, far above our poor power
to add or detract. The world will little note nor long remember what we
say here, but it can never forget what they did here.'' This statement
is just as true today as it was nearly 150 years ago, as I am certain
that the impact of Kraig's actions will live on far longer than any
record of these words.
It is my sad duty to enter the name of Kraig Foyteck in the official
Record of the U.S. Senate for his service to this country and for his
profound commitment to freedom, democracy, and peace. When I think
about this just cause in which we are engaged, and the unfortunate pain
that comes with the loss of our heroes, I hope that families like
Kraig's can find comfort in the words of the prophet Isaiah who said,
``He will swallow up death in victory; and the Lord God will wipe away
tears from off all faces.''
May God grant strength and peace to those who mourn, and may God be
with all of you, as I know He is with Kraig.

Private First Class Nathan J. Frigo

Mr. President, I rise today with a heavy heart and deep sense of
gratitude to honor the life of a brave young man from Kokomo, IN.
Nathan J. Frigo, 23 years old, died on October 17 in Baqubah, Iraq.
Nathan risked everything to fight for the values Americans hold close
to our hearts, in a land halfway around the world.
Nathan enlisted in the Army after graduating from Northwestern High
School in 2001. He is remembered as an active student and athletic
leader, having lettered in both track and cross country. Nathan chose
the position of infantryman and volunteered to serve a 4-year tour of
duty. Nathan's father spoke of his deep sense of patriotism and
commitment to his country, saying, ``He knew the risks, but he wanted
to go where he was needed. He wanted to help, and he wanted to make a
difference with his life.''
Nathan was killed while serving his country in Operation Iraqi
Freedom. He was assigned to Headquarters and Headquarters Company, 1st
Battalion, 68th Armor Regiment, 4th Infantry Division, Fort Carson, CO.
This brave soldier leaves behind parents Maureen and Fred Frigo and
sisters Sarah and Beth.

[[Page 21874]]

Today, I join Nathan's family and friends in mourning his death.
While we struggle to bear our sorrow over this loss, we can also take
pride in the example he set, bravely fighting to make the world a safer
place. It is his courage and strength of character that people will
remember when they think of Nathan, a memory that will burn brightly
during these continuing days of grief.
Nathan was known for his dedication to his family and his love of
country, having aspired since he was a child to become a member of the
military. The Army announced that he has been elevated to specialist
and awarded a Bronze Star and a Purple Heart. Today and always, Nathan
will be remembered by family members, friends, and fellow Hoosiers as a
true American hero, and we honor the sacrifice he made while dutifully
serving his country.
As I search for words to justly honor the Frigo family's sacrifice, I
am reminded of President Lincoln's condolences to the mother of two
fallen soldiers: ``I pray that our Heavenly Father may assuage the
anguish of your bereavement, and leave you only the cherished memory of
the loved and lost, and the solemn pride that must be yours, to have
laid so costly a sacrifice upon the altar of Freedom.'' These words of
comfort withstand the tests of time and circumstance, and remind us all
that the impact of Nathan's actions will live on far longer than any
record of them.
It is my sad duty--and great honor--to enter the name of Nathan Frigo
in the official Record of the U.S. Senate for his service to his
country and for his profound commitment to freedom, democracy, and
peace. When I think about the terrible pain that comes with the loss of
our heroes, I hope that families like Nathan's can find comfort in the
words of the prophet Isaiah who said, ``He will swallow up death in
victory; and the Lord God will wipe away tears from off all faces.''
May God grant strength and peace to those who mourn, and may God be
with all of you, as I know He is with Nathan.

Sergeant 1st Class Scott E. Nisely

Mr. GRASSLEY. Mr. President, today I rise to pay tribute to SFC Scott
E. Nisely, who made the ultimate sacrifice while serving his country.
Sergeant Nisely, of Marshalltown, IA, was assigned to C Company, 1st
Battalion, 133rd Infantry Regiment, 34th Infantry Division, Army
National Guard, based out of Iowa Falls, IA. He was mobilized for
Operation Iraqi Freedom with the unit in September 2005 and arrived in
Iraq in early May 2006. He died at the age of 48, on September 30,
2006, in Al Asad, Iraq, when his military vehicle encountered small
arms fire.
Staff Sergeant Nisely will be posthumously awarded the Bronze Star
for the second time, the Purple Heart, the Iraq Campaign Medal, the
Army Good Conduct Medal, the Armed Forces Reserve Medal with
Mobilization device for the second time, and the Combat Infantryman
Badge.
My thoughts and prayers have been with Scott's wife Geri and his
children, Justin and Sarah, as well as all those other family and
friends who are grieving his loss. Scott's family said, ``Scott was a
dedicated and loving husband and father. He was actively involved in
his children's lives. He was a loyal, compassionate, and caring friend
that everyone liked. He loved and was committed to God, and was very
involved with his church and community.''
Learning about the sacrifice of Scott Nisely, I am reminded of the
words of John 15:13: ``Greater love has no man than this, that he lay
down his life for his friends.''
His family also said of Scott that he ``loved his country and was a
volunteer career service-member that was proud and honored to serve his
country.'' Our Nation will be forever grateful for Scott Nisely's loyal
service and sacrifice. His loss is tragic, but he will be remembered as
an American hero.
Mr. HAGEL. Mr. President, I rise to express my sympathy over the loss
of U.S. Army National Guard SFC Scott Nisely of Nebraska. Sergeant
Nisely died during a firefight with insurgents near Asad, Iraq, on
September 30. He was 48 years old.
Sergeant Nisely was born in Syracuse, NE. After high school, he
attended Doane College in Crete, NE, where he competed in track and
cross country. He would later settle in Marshalltown, IA, with his wife
Geri. In addition to his service in the Armed Forces, Sergeant Nisely
also worked for the U.S. Postal Service in Iowa for 12 years.
While at Doane, Sergeant Nisely enlisted with the Marine Corps
Reserve and served 22 years with the Marines on active duty and as a
reservist. He was a veteran of Operation Desert Storm. In July, 2002,
Sergeant Nisely accepted a demotion in rank to fill a vacancy in the
Iowa Army National Guard and served in that capacity until his death.
Sergeant Nisely will be remembered for his strong faith and his
desire to serve his country. In honor of Sergeant Nisely, Doane College
will rename an annual track and field event the Scott Nisely Memorial
Track Classic.
In addition to his wife, Sergeant Nisely is survived by his son
Justin and his daughter Sarah.
I ask my colleagues to join me and all Americans in honoring SFC
Scott Nisely.

____________________

A MALL MEMORIAL FOR DR. KING

Mr. LEAHY. Mr. President, this morning, our Nation took an important
step toward honoring one of our most preeminent leaders. The National
Mall in Washington, DC, is graced with memorials to America's greatest
presidents. Today we broke ground on a memorial to honor the Reverend
Dr. Martin Luther King, Jr. Although never elected to national office,
Dr. King courageously led the Nation through a crucial chapter of
American history and became the voice of the entire civil rights
movement.
In his famous ``I Have A Dream'' speech on the National Mall, Dr.
King noted that ``[w]hen the architects of our republic wrote the
magnificent words of the Constitution and the Declaration of
Independence, they were signing a promissory note to which every
American was to fall heir.''
This past summer we reaffirmed and reauthorized one of the most
important methods of enforcing this promise and upholding the
Constitution--the Voting Rights Act. Over the course of dozens of
Judiciary Committee hearings and markups, we recalled the great
historic struggle for civil rights led by American heroes of vision and
strength, including Martin Luther King, Jr., and his widow, Coretta
Scott King.
The pervasive discriminatory tactics that led to the original Voting
Rights Act were deeply rooted. As a Nation, this effort to ensure equal
protection dates back more than 135 years to the ratification of the
15th amendment in 1870, the last of the post-Civil War Reconstruction
amendments. It took the passage of the Voting Rights Act of 1965 for
people of all races in many parts of our country to effectively begin
exercising the rights granted 95 years earlier by the 15th amendment.
Despite the additional gains we have made in enabling racial minorities
to participate fully in the political life of our country, the work of
the Voting Rights Act is not yet complete, and the dream of Dr. King
has not yet been fully realized. But his dream lives on, as vital and
as inspirational as the day it was delivered.
Just last week, we had an historic national election. Men and women
of every color and creed came to polling places around the country to
have their voices heard. Nonetheless, some citizens experienced
problems casting their votes. The Senate Judiciary Committee will hold
a long-overdue oversight hearing this week to examine shortcomings in
the enforcement of our civil rights laws and the guarantees of
political equality enshrined in the 14th and 15th amendments. In doing
so, we continue to honor the promissory note written to all Americans.
I look forward to bringing my children and grandchildren to the
Martin Luther King, Jr. Memorial when it is completed in 2008. I trust
it will be a moving tribute befitting one of our Nation's greatest
leaders.

[[Page 21875]]

____________________

TRIBUTE TO ALTHIA HARRIS

Mr. ROCKEFELLER. Mr. President, today I rise to honor a longtime
member of my staff, Ms. Althia Harris, who has served over 30 years in
the Senate. Ms. Harris has reached an incredible benchmark in her
career, and I stand today to reflect on her service.
Ms. Harris began working in the Senate on April 30, 1975, for
distinguished Senator Philip A. Hart of Missouri. Just a few days
before the end of his term, Senator Hart lost his battle with cancer on
December 26, 1976. Ms. Harris then served Senator Adlai E. Stevenson
III of Illinois for 5 years. Upon Senator Stevenson's retirement, she
joined the office of his successor, Senator Alan J. Dixon. I was then
lucky enough to inherit a most loyal and experienced Senate employee
when Ms. Harris joined my staff in 1984.
Upon joining my team, Althia initially helped with my transition from
the West Virginia Governor's office to Capitol Hill. An immeasurable
and invaluable aide, I am sure without Althia's able assistance the job
would have taken much longer to accomplish. I know it would have been
more difficult without a seasoned Senate staffer knowledgeable in how
to really make things work in the Senate.
On September 12, 1986, Althia began working part time in my office so
she could take on new challenges in the private sector and other areas
of government. She first worked for the Advertising Council and then
for the National Aeronautics and Space Administration, NASA. At NASA,
she continues to work as a contractor for the Office of Education. As
an active member of her community, she has never abandoned her work
here in the Senate.
With continual service in my office for over 20 years, Althia is
someone who has helped keep my office operation running with important
day-to-day tasks. She is a lover of urban gardening, a collector of
African art, and a domestic and international traveler.
As Senators, we are each here to represent our respective States and
to work on the needs of our constituents. But the work we do is
directly dependent on those who support us--our staff who are always
there, always pushing behind the scenes. Each and every devoted member
of my staff helps me accomplish the job I am here to do, and Althia has
made a real contribution to my work for over 20 years.
I am honored to recognize Althia's devotion and service and to extend
my deepest appreciation for her ongoing contributions. Althia is a true
gem--the kind of person you are lucky to find and retain for what time
they can give. It has been a wonderful 20 years.

____________________

INTERNATIONAL EDUCATION WEEK

Mr. FEINGOLD. Mr. President, in honor of the seventh annual
International Education Week, November 13 to 17, 2006, I would like to
talk about the importance that international education and exchange
programs play in establishing closer relations between the United
States and the world.
The U.S. Government has a proud tradition of supporting international
education and exchange programs, and we must continue that tradition.
Why? First of all, international education is necessary for our
children to remain competitive in the increasingly global economy.
Second, exchange programs also attract future leaders from abroad,
exposing them to the opportunities and freedoms afforded by our
democratic system. Third, international education and exchange programs
expand horizons and change the lives of the participants for the
better. Finally, international education builds bridges between
communities and improves understanding of cultures different from our
own--something that has perhaps never been as important as it is today.
International Education Week will be observed in all 50 States and in
over 100 countries. I encourage my colleagues to take a moment during
International Education Week to acknowledge the work the citizens of
their States are doing to ensure the successful future of the United
States through the promotion of international education.
In Wisconsin, schools such as Fox Valley Technical College in
Appleton, Northcentral Technical College in Wausau, and the University
of Wisconsin system, to name a few, will hold events recognizing the
importance of international education in higher education. Community
organizations will be recognizing the week as well; the International
Institute of Wisconsin will be hosting a Community Summit on Citizen
Diplomacy to discuss the important role citizen diplomacy--including
international education--plays in today's world. I am proud that these
and many other Wisconsin institutions and organizations are working to
recognize the important role of international education and exchanges.
I am a strong supporter of international education and exchange
programming. On April 12, 2005, I introduced S. Res. 104, the ``People-
to-People Engagement in World Affairs'' resolution. My resolution
recognized the importance of international programs and exchanges and
called on Americans to strive to become more engaged in international
affairs and more aware of peoples and developments outside the United
States--including studying abroad. I have also cosponsored resolutions
making 2005 the Year of Foreign Language Study and 2006 as the Year of
Study Abroad.
I would like to take a moment to lay out in more detail the reasons
international education is so important.
First and foremost, we need to be preparing our children to compete
in a global economy. Because the United States is increasingly
connected to foreign economies, international education and exchanges
are critical for the United States workforce to remain competitive--
especially to fulfill the increased need for foreign language
proficiency. We cannot compete globally if we are unable to promote and
sell our goods and services, and we will hinder ourselves if we do not
provide opportunities for American students to learn foreign languages
or about other cultures and societies.
In 2006, a University of Wisconsin--Platteville alum, triple majoring
in criminal justice, Spanish, and biology, participated on a study-
abroad program in Merida, Venezuela. During her studies in Merida, she
was able to hone her Spanish language skills and take a specialized
course in law. She now works in Wisconsin as a correctional officer and
is called upon regularly to assist with translation services. This
student--like many others who study abroad--honed her foreign language
proficiency through her international education experience and is
directly applying the skills she obtained overseas in her employment.
She is a greater asset to her employer because she can provide
translation services. International education and exchange programs are
crucial components for the United States and must continue to be
supported in order to maintain a healthy economy.
International education advances the global economic interests of the
United States and has been shown to give students an advantage over
their peers in the United States who have not been exposed to
international experiences. Most students realize this fact. The
Department of State has noted that 88 percent of American college
students believe international education will give them a competitive
advantage in the workplace.
While international education and exchange programs improve America's
competitiveness globally, they also attract current and future leaders
from other countries to the United States. According to the Department
of State, more than 565,000 international students from over 200
countries study in the United States each year--some of whom will
return home to become leaders of their countries. The more they know
about the United States and the more connections they have with
American citizens, the better.
Emmanuel Sanon of Haiti was a recent participant in the Northcentral
Technical College's CASS, Cooperative Association of States for
Scholarships, program. CASS is a USAID funded scholarship program for
students from

[[Page 21876]]

countries in the Caribbean, Central America, and Mexico to study at a
2-year college in the United States with hopes of gaining technical and
leadership skills in order to return home to become agents for change
in their countries.
Bonnie Bissonette, director of international education at
Northcentral Technical College, wrote me about Emmanuel's experience
and said:

Emmanuel studied Electromechanical Technology and
Leadership at Northcentral Technical College in Wausau from
2003-2005 and returned home to Haiti with high hopes for his
future. Since returning home, he has had 5 contractual jobs
with the U.N. in Haiti and is looking to start a tech school
for the youth of his community. He has already started to
provide some computer and English language training.
Wisconsin has taken a lead role in educating the economically
disadvantaged youth of our close neighbors to the south so
that they can improve the standard of living and slow the
tide of economic emmigration. Fox Valley Technical College
and NTC are two of only 13 community colleges in the United
States that host this highly successful program.

Emmanuel's experience is only one of several success stories I could
share about the useful skills exchange students gain while studying in
the United States which are later used to improve the lives of others
in their home countries.
Which brings me to my next point--international education and
exchange programs expand horizons and change lives by exposing the
participants and programmers to new ways of thinking and living. Those
who study abroad are forced to live outside of their comfort zones and
as a result they learn a vast amount about themselves and other
cultures. They often return home as different people with greater
awareness and appreciation for others.
A University of Wisconsin--Whitewater professor wrote to me recently
and said:

For about ten years now, I have been the coordinator of a
student exchange between UW--Whitewater and Arnhem Business
School in the Netherlands. My students change dramatically
during their experience. They even `look' different when they
return. At first they are tentative and worried, and by the
time they leave, they are truly citizens of the world . . .
Working as a coordinator is one of the most rewarding things
I do as a professor.

This example drives home the fact that in Wisconsin, and also across
the United States, students who choose to engage in international
education and exchange opportunities are truly changed forever.
The deeper understanding of other cultures is a two-way street and is
vital to enhancing the image of the United States abroad and our
national security. Citizen-to-citizen exchanges improve perceptions of
the United States: a 2006 study published by the Pew Research Center
found that ``publics around the world continue to have a more positive
opinion of the American people than they do of the United States. In
seven of the 14 foreign countries surveyed, at least half of
respondents have a favorable impression of Americans; in contrast, four
countries give the U.S. positive marks.''
Through their international experiences, exchange participants are
able to demonstrate American values, listen to different viewpoints,
and speak about the similarities they share with populations around the
world. Increasing international understanding of America will improve
the image of the United States--and an improved perception of the
United States will serve to also improve our national security.
International education and exchange programs also have great
potential to create beneficial relationships between communities on
opposite sides of the world. These relationships can lead to increased
opportunities for commerce and development for everyone.
Let me give you an example. For the first time this year, the
University of Wisconsin--Green Bay was awarded a Department of State
grant to take college students to Jordan to study for 2 weeks. The
program, called Journey to Jordan, gave students the opportunity to
spend 6 weeks in Jordan learning Arabic, living with host families,
volunteering at civil service organizations, and learning firsthand
about Jordanian culture. These students returned with exposure to
another language and a greater understanding of another culture.
Just as important, however, is that the program itself built a bridge
between Jordan and the United States. Earlier this month, the vice
president of the University of Jordan, along with members of the North
American Jordanian Association, NAJA, and the American MidEast
Leadership Network, traveled to the University of Wisconsin--Green Bay,
at their own expense, to discuss future partnership opportunities.
These individuals chose to travel to the United States because they
want to maintain a relationship with the University of Wisconsin--Green
Bay. This is a wonderful connection between universities and countries
that I hope will continue to grow.
I commend those who work every day to promote international education
and exchange programs, but we need to work even harder to engage more
Americans in international education and exchange programs. To start,
we should be following the lead of those who have begun this process.
The University of Wisconsin--Oshkosh has a global education certificate
program that educates teachers on how to introduce global perspectives
in the classroom. Wisconsin's own State superintendent, Elizabeth
Burmaster, has worked to encourage K-12 schools to introduce students
to global perspectives in the classroom at an earlier age.
But we can do more. I was a strong supporter of the creation of the
Commission on the Abraham Lincoln Study Abroad Fellowship Program, an
independent commission created in 2004 for the purpose of recommending
a program to greatly expand the opportunity for students at
institutions of higher education in the United States to study abroad,
with special emphasis on studying in developing countries. One of my
colleagues--Senator Durbin--has taken the first step in working to
implement the commission's published recommendations by introducing the
Abraham Lincoln Study Abroad Act, S. 3744.
The purpose of S. 3744 is to encourage at least 1 million
undergraduate students in the United States to participate in study
abroad programs academic credit within 10 years, including students in
technical and scientific fields of study. The program also seeks to
ensure that an increasing portion of study abroad takes place in
nontraditional destinations, with substantial increases in developing
countries.
The bill would specifically authorize the Secretary of State to
establish an Abraham Lincoln Study Abroad Program to facilitate
undergraduate study abroad for academic credit through the creation of
undergraduate fellowships and grants to institutions of higher
education to reform academic programs and institutional policies that
inhibit participation by students in study abroad.
Senator Durbin's bill--along with other international education and
exchange legislative initiatives is an important step to one day having
all American students engaged in some type of international education
or exchange program, and we need to continue to take the necessary
steps to provide our children every opportunity to learn about new
cultures and to speak a second, or even third, language.
As we recognize and celebrate International Education Week, I call on
all Americans to take a few minutes to learn something new this week
about another culture, and I encourage all Americans to recognize and
support international education and exchange throughout the year.

____________________

ADDITIONAL STATEMENTS

______

HONORING CLARENCE J. ``MAC'' McCORMICK III

Mr. BAYH. Mr. President, today I pay tribute to the life of a
distinguished businessman, community leader, and friend, Mac McCormick,
who passed away on October 26. Mac's dedication to the State of Indiana
kept him

[[Page 21877]]

involved in public service throughout his life, and I know that he will
be greatly missed.
Mac was a good and decent man who dedicated his life to serving
others. From his work in economic development to his involvement with
Vincennes University, his career was filled with acts of conscientious
service on behalf of friends, family members, and Hoosiers across
Indiana.
Mac comes from a long line of distinguished Hoosier public servants,
including his father, Jim McCormick, and his grandfather, Clarence
McCormick. I have had the privilege of knowing the McCormick family for
many years and have seen firsthand the difference his efforts have made
in our State. The contributions Mac made through his leadership and
philanthropy touched countless lives, and his dedication and good humor
made him a role model for a generation of Hoosiers.
In 1981, Mac started Best Way Express, Inc., with four trucks.
Through his skillful oversight it grew to the 400-truck operation it is
today. Over the past quarter century, Mac has used that same tireless
dedication and business savvy to serve the people of Indiana. As a
board member of the Indiana Economic Development Corporation and the
Indiana Chamber of Commerce, he helped ensure a bright future for the
working men and women of our State, and his service to Vincennes
University as a member of the board of trustees and vice president of
the nonprofit Jamac Corp. exemplified his spirit of philanthropy.
Mac is survived by father Clarence J. ``Jim'' McCormick; stepmother
Marilyn McCormick; brothers Mike and Pat McCormick; sister Jane
Wissell; sons Will, Ry and Eli McCormick; and partner Andre Neal.
A lifelong Hoosier, Mac served in leadership roles in numerous
trucking trade associations, including Truck PAC, Truckload Carriers
Association, and Indiana Motor Truck Association, and in July he was
chosen as the Indiana Chamber of Commerce's 2006 Business Leader of the
Year. He was set to assume the chairmanship of the American Trucking
Association next week, where he previously had served as vice chairman.
It is a rare man who can make such an impact on so many people over the
course of one life. Hoosiers will miss Mac as a friend, a community
leader, and a committed advocate for our state.
It is my sad duty to enter the name of Clarence J. ``Mac'' McCormick
III in the Record of the U.S. Senate for his service to the State of
Indiana.

____________________

HONORING THE 2006 CALIFORNIA NOBEL LAUREATES

Mrs. BOXER. Mr. President, I would like to take this
opportunity to extend my most sincere congratulations to all of the
2006 Nobel laureates. These individuals have shown themselves to
possess some of the world's most creative and accomplished minds, and
each has made a remarkable contribution to humanity. I am extremely
proud to say that California is home to three of these individuals.
Their names are Roger D. Kornberg, recipient of the Nobel Prize in
chemistry; Andrew Z. Fire, recipient of a share of the Nobel Prize in
medicine; and George F. Smoot, recipient of a share of the Nobel Prize
in physics.
Dr. Roger D. Kornberg was born into the shadow of a giant in the
scientific community. Dr. Kornberg's father, Dr. Arthur Kornberg, won a
share of a Nobel Prize in 1959 for his trailblazing work on DNA
information transfer. Dr. Roger Kornberg's decision to follow in his
father's footsteps reflects a man of clear vision and unshakable will,
and it is extraordinarily inspiring to see an individual meet the high
standard that was set before him.
Dr. Kornberg graduated from Harvard University in 1967 and went on to
get his doctorate from Stanford in 1972. For the last 26 years, Dr.
Kornberg has been a professor of structural biology at Stanford,
conducting cutting-edge research while guiding his students in their
exploration of nature's mysteries. Over that time he tirelessly probed
the questions surrounding how information is stored in genes and
transferred to other parts of a cell. This process is called
transcription, and it holds a key to understanding of how cells
operate.
As a result of Dr. Kornberg's efforts, we can now visually
demonstrate how information encoded in a cell's DNA blueprint is read
and duplicated into what is called messenger RNA. This constitutes a
significant leap forward in our knowledge of cellular mechanics and has
brought us closer to identifying and rectifying the disturbances in the
transcription of genetic information that is the cause of common
killers like heart disease and cancer. Dr. Kornberg's work has already
influenced the development of drugs and therapies for various
conditions and is opening new avenues for future research.
The story of Dr. Andrew Z. Fire is equally impressive and
inspirational. Although extremely modest in demeanor, Dr. Fire has
demonstrated world-class intellectual ability and unquenchable drive
since childhood. Having graduated high school at the age of 15, Dr.
Fire attended the University of California, Berkeley, after being
turned down by his other choice: Stanford. Now, at age 47, Dr. Fire has
achieved the highest pinnacle of success in his field, opened up
previously inaccessible areas of research with vast potential for the
future of medicine, and gotten into Stanford, where he is the third
Nobel laureate of the institution's proud medical school.
Dr. Fire, like Dr. Kornberg, was recognized for his years of
exploration into RNA and its role in transcription of genetic
information. More than 15 years ago, Dr. Fire became interested in
understanding the genes involved in the earliest steps of cellular
development. In an attempt to plot cellular development from the
beginning, Dr. Fire designed an experiment that produced the exact
opposite of the anticipated result: After injecting a worm with a piece
DNA to increase the expression of a particular gene, Dr. Fire
inadvertently succeeded in suppressing the gene completely. This result
would eventually lead to the discovery of a fundamental mechanism for
controlling the flow of genetic information--that of RNAi, or RNA
inference, which quashes the activity of specific genes. This discovery
was termed the ``Breakthrough of the Year'' in 2002 by Science Magazine
and has earned Dr. Fire and his colleague, Dr. Craig Mello, the 2006
Nobel Prize for medicine.
The potential benefits of the discovery of RNA inference are
limitless. By using RNAi to silence one gene at time and observing
abnormalities the behavior of cells, researchers are able to identify
the function of genes, and potentially, use silencing to reduce or
eliminate cellular activity harmful to human health. Dr. Fire's many
achievements constitute an extraordinary contribution to our
understanding of how life operates at its most basic level, and
demonstrate his outstanding talent and unwavering commitment to
improving the health of his fellow human beings.
Dr. George F. Smoot has for years been examining the cosmos in search
of an answer to the biggest question of them all: How did it all begin?
To an amazing degree, Dr. Smoot has been answering this seemingly
unanswerable question. For 50 years, scientists struggled in vain to
support the Big Bang theory with hard, indisputable evidence. Dr. Smoot
dealt the contentious theory a further challenge when, in 1976, he and
others found startling evidence that galaxies are clustered together
and not, as previously thought, spread evenly throughout the universe.
This observation conflicted with temperature readings that consistently
found space to be an even temperature of 2.7 degrees above absolute
zero. Dr. Smoot had presented the scientific community a quandary: How
could the heat be evenly distributed through the universe if galaxies
were not?
It is a testament to Dr. Smoot's brilliance, ingenuity, and diligence
that he, along with his colleague and corecipient of this year's Nobel
Prize in physics, Dr. John C. Mather, would clear up the confusion
resulting from the establishment of a ``lumpy'' universe and finally
cement the Big Bang theory of the creation of the universe. To achieve
that ambitious goal, Smoot overcame nearly insurmountable obstacles and
broke through barriers that

[[Page 21878]]

had thwarted previous generations of researchers. Dr. Smoot was a
driving force behind NASA's construction and development of the COBE
satellite, which under the direction of Dr. Smoot and Dr. Mather
succeeded in detecting the minuscule variations in temperature that
were anticipated by the Big Bang theory and the ``lumpy'' nature of the
universe.
As a result of Dr. Smoot's incredible achievement, we now have a much
clearer picture of where we came from and where we are going. His
penetrating vision challenges the limits of human comprehension,
transporting us to times and places that were once unreachable. Dr.
Smoot has fundamentally changed the way we view the universe and
secured his place as one of the most important astrophysicists of all
time.
It is with great pleasure that I applaud all three of California's
2006 Nobel laureates. Dr. Kornberg, Dr. Fire, and Dr. Smoot have made
extraordinary contributions to our understanding of how the universe
operates, from the microscopic level of the cell to the vast level of
galaxies. Their phenomenal insights have answered questions that have
long puzzled the scientific community and raised new possibilities for
the research of future generations. I thank these men for the many
valuable gifts they have given humanity, not least of which is the gift
of unbridled imagination and the belief that anything is
possible.

____________________

IN HONOR OF SHERIFF DON HORSLEY

Mrs. BOXER. Mr. President, I take this opportunity to
recognize San Mateo County sheriff Don Horsley, who is retiring after
38 years of dedicated service to law enforcement and public safety.
Sheriff Horsley is a San Francisco Bay Area native who was born in
San Francisco, raised in Daly City, and educated in the county's public
schools. He graduated from Daly City's Westmoor High School before
graduating with honors from San Francisco State University in 1969.
After a brief time as a classroom teacher, Sheriff Horsley entered
into a career in law enforcement that has spanned 38 years.
Beginning as a patrol officer in Daly City and later serving as a
patrol deputy officer in East Palo Alto, Sheriff Horsley was elected
Sheriff of San Mateo County in June 1993. From the beginning, Sheriff
Horsley has been dedicated to making his community a better and safer
place to live. Under his leadership, the San Mateo County Sheriff's
Office has implemented an extensive number of innovative programs to
make the community safer, including community policing, graffiti
abatement, gang intelligence/investigative unit, sexual habitual
offender program, high-tech task force, school resource officer
program, and a youth camp for at-risk youth. Sheriff Horsley also
established an after school Sheriff's Activity League to help kids
succeed in school and stay out of gangs.
After the tragedy of September 11, 2001, Sheriff Horsley stepped into
a leadership role and joined the FBI in a regional Joint Terrorism Task
Force. He established a regional information sharing network with the
nine Bay Area counties and directed the Sheriff's Office of Emergency
Services to take the lead to ensure that the county's first responders
and public health workers had the equipment and training to respond to
disasters. Sheriff Horsley also worked with regional transit agencies
to establish a transit unit of deputy sheriffs to patrol bus and rail
transportation within the county.
Sheriff Horsley was also a fierce advocate for the construction of a
state-of-the-art forensic crime lab that is used by local, regional,
State, and Federal agencies to solve crimes. Sheriff Horsley tirelessly
worked with the Bay Area Congressional Delegation, including my office,
to obtain funding to ensure that the forensic crime lab had the latest
in crime fighting technology.
Among his many accomplishments, Sheriff Horsley currently serves as
cochair of the Attorney General and State Superintendent of Public
Instruction's Safe Schools Task Force; vice chair of the Northern
California High Intensity Drug Trafficking Area; chair of the San Mateo
County Vehicle Theft Task Force and Vice Chair for the County Narcotics
Task Force. Sheriff Horsley has also been a member of the executive
board of the California State Sheriffs' Association since 1996, served
as the past chair of the San Mateo County Criminal Justice Council and
as a past member of the board of directors of the California Peace
Officers' Association.
Sheriff Horsley has not only improved public safety but has worked
tirelessly with local elected officials, schools, and community
organizations to foster a strong sense of community and improve the
lives of children and families in San Mateo County.
Sheriff Horsley's service to San Mateo County and dedication to
public safety throughout California is inspiring. I have been honored
to work with him. I am confident that, even in retirement, Sheriff
Horsley will continue to touch lives with his good will and
compassion.

____________________

RECOGNIZING CHARLES A. BIBBS

Mrs. BOXER. Mr. President, today, I ask my colleagues to join
me in recognizing entrepreneur and philanthropist Charles A. Bibbs as
he is recognized by the Black Voice Foundation for his exceptional
contributions to ethnic art.
Charles Bibbs is a recognized and accomplished artist, known for his
representations of ethnic and cultural themes. Throughout his life, he
has been lauded and recognized by numerous community and philanthropic
organizations for his work in the multicultural communities and his
dedication to music and art. His work has been featured in several
exhibits, on the Internet, and on several local and national television
stations.
Since he was a young person, Charles Bibbs has possessed a strong
talent for art and artistic creation. Throughout his career, he worked
in corporate America and funded his artistic cultivation through that
work. In 1985, Bibbs was able to fuse his strengths in business with
his passion for artistic expression and formed B Graphics and Fine Arts
to publish and distribute his own artwork. Since that time, Bibbs has
become a dedicated and renowned ethnic artist and has worked
passionately for cohesion and unity within marginalized communities.
Recently, Charles Bibbs has spent much of his time conducting
seminars and workshops to educate and inspire young people and
reinforce educational institutions. He formed Art 2000, a nonprofit
visual art association that works to inform local communities about
art, and helps to inspire art patrons and artists themselves. From this
organization has come Images Magazine, which is the first national
publication dedicated to ethnic art. As well, this has inspirited the
traveling ethnic art exhibit ``Art on Tour.'' Along this same vein,
Bibbs' passion for jazz music led him to the creation and founding of
Inland Empire Music and Arts Foundation, a nonprofit organization that
has hosted an annual world-class jazz and art festival in southern
California for the past 3 years.
Art and graphic representations are powerful tools that can help
unite communities and inspire young people. The work and example of
Charles Bibbs has inspired countless individuals and continues to bring
art and music to our Nation's youth. I applaud Charles Bibbs and look
forward to many more years of cultural representation and youth
enrichment from this great American artist.

____________________

CELEBRATING THE CITY OF LODI'S 100TH ANNIVERSARY

Mrs. BOXER. Mr. President, I ask my colleagues to join me in
celebrating the 100th anniversary of the city of Lodi, a thriving,
family-oriented community located in California's San Joaquin Valley.
The city originally known as Mokelumne was founded in 1869 when
Charles O. Ivory and John M. Burt established the Ivory Store, an
enterprise that attracted scores of homesteaders and businesses to the
area. In order to

[[Page 21879]]

avoid confusion between the towns of Mokelumne, Mokelumne Hill, and
Mokelumne City, the city's name was officially changed to Lodi in 1874.
According to local folklore, the city's new name was inspired by a
successful local racehorse, as horse racing was a popular activity in
the area during this period. By the time its residents overwhelmingly
voted for incorporation on November 27, 1906, Lodi was already one of
the fastest growing communities in San Joaquin County.
In 1907, in an effort to publicize a large carnival to promote Lodi's
famous Tokay grapes, a mission-style arch was erected at Pine and
Sacramento Streets. The Lodi Arch, one of the few remaining Mission
Revival ceremonial arches left in California, has served as an entrance
into Lodi for the past century. In 1919 and 1926, the world-famous A &
W Root Beer and the Supertreader, the first successful full-circle tire
retreading mold, were respectively introduced to the world within a
short distance from the Lodi Arch. To many people, this remarkable
landmark symbolizes the city's proud history and economic vitality.
In 1956, the Federal Government officially recognized Lodi as a
winegrape growing region, thus allowing vintners to label their wine as
originating from Lodi. However, it was not until 1986, when the Lodi
Appellation was formally approved, that Lodi began to shed its label as
the wine industry's best kept secret to become one of the emerging
wine-producing regions in the Nation. Today, Lodi is home to a highly
regarded and vibrant wine industry where nearly two dozen wineries
utilize exemplary viticulture practices to consistently produce wines
that are renowned for their quality.
The city of Lodi has grown from a town of less than 2,000 residents
from the time of its incorporation to a flourishing and diverse
community of 63,000 that rests in the middle of one of the most dynamic
regions of California. The state of the city as it turns 100 is best
captured by its slogan: ``Livable, Lovable, Lodi.'' The story of the
city's first 100 years is a testament to the value of community,
vision, and optimism. As the residents of the city work together to
make their city a better place to call home, I congratulate them on
their centennial anniversary and wish them another 100 years of good
fortune and success.

____________________

A LIFETIME OF NATIONAL SERVICE

Mr. CRAPO. Mr. President, Senator Craig and I were saddened,
when, last month, the State of Idaho lost one of its distinguished
citizens. Ralph Ray Harding, who served our State as the 2nd District
Congressman for two terms in the 1960s, passed away on October 26 in
Blackfoot. He left behind a legacy of public service and community
involvement, as well as a remarkable family. Senator Craig and I want
to take this opportunity to commend his life and send our condolences
to his family and friends.
From his humble beginnings in Malad, Ralph made the most of his
opportunities, graduating from college, eventually with a master's
degree from ISU. He maintained a strong connection with that
university, serving as a special advisor to the president for nearly a
decade. He also served our country in the military as a U.S. Army
lieutenant and was a life member of the American Legion and the Air
Force Association.
He was first elected to public office as a member of the Idaho House
of Representatives and was then elected to the U.S. House of
Representatives, the youngest Member of Congress serving during the
Kennedy administration. As a Member of Congress, Ralph worked to ensure
women received equal pay, supported civil rights legislation and
authored a bill to establish the Peace Corps. But his service didn't
end when he completed two terms in Congress.
Ralph continued his community involvement in many ways. He was the
cofounder of the Danny Thomas Memorial Golf Tournament, which has
helped raise millions of dollars for cancer research and is still
raising funds each year. He looked for ways to improve every community
and venture he encountered. He was one of the friendliest people you
could ever meet and remained in contact with friends from all over the
world through his life. He was active in his church, spending time at
the local LDS temple and teaching Sunday School each week. Retirement
was not a word that meant much to Ralph--he had too much energy with
his activities with family, friends, and other interests to take it
easy. At 77, he remained active and full of life up to nearly his final
day.
Ralph was devoted to his family and his Nation, and he will be deeply
missed by all those who knew him. Idaho is honored to have counted him
as one of her native sons. During this time, our thoughts and prayers
go out to his wife Willa and his children, grandchildren, and great-
grandchildren.

____________________

TRIBUTE TO ENOLIA P. McMILLAN

Ms. MIKULSKI. Mr. President, today I pay tribute to the life
and legacy of Enolia P. McMillan. She was a revered and beloved civil
rights leader, community leader, and educator.
Mrs. McMillan was an amazing woman with a fantastic story. She had
both grace and grit, as well as a personality that would not accept the
word ``no'' for an answer.
When they said: ``You can't,'' she said: ``I can!''
When they said: ``You won't,'' she said: ``I will!''
When they said: ``Wait,'' she said: ``Now!''
Enolia P. McMillan was born to a loving family of modest means. She
fought hard for her education, while attending schools that were
separate and far from equal.
She wanted to be a doctor--a pediatrician. Although she would never
attend medical school, she was certainly a healer. In fact, her thesis
was entitled: ``The Factors Affecting Secondary Education for Negroes
in Maryland Counties,'' which laid the groundwork for changes in
education and the Supreme Court.
She cared not only about her own education but the education of
others. That is why Mrs. McMillan was so at home at the NAACP. The
NAACP is about empowerment and it is about equality. Mrs. McMillan
understood this and focused on the grassroots, which turned the
Baltimore branch into a powerhouse.
As national president, she strengthened the NAACP and brought it here
to Baltimore. She didn't throw bricks--she sold bricks--to build the
NAACP headquarters in Baltimore, and she always supported young
leaders, like Kweisi Mfume. Always, she fought for equality and
fairness, whether it was for equal pay for teachers in Maryland or for
the freedom of the South African people living under apartheid.
On a personal note, I met Mrs. McMillan when I was on the Baltimore
City Council. She was the president of the Baltimore Branch of the
NAACP and attended every critical meeting and hearing. She also came to
my office on occasion. We didn't know each other well, having come from
different sides of Baltimore, but I so admired her. She took a keen
interest in this spunky, chunky, feisty Baltimorean.
Her greatest passions were schools. We were ending segregation in our
schools--not only tearing down old ways but building new ones. To her,
the word ``public'' meant a lot: public schools, public libraries, and
the public interest.
Mrs. McMillan was always so supportive and encouraging toward me. I
would win some and I would lose some; but she always said: Keep
speaking up--keep speaking out. If you were doing well, she told you.
If she thought you could do better, she told you; and we did.
She had a passion for young people and spotting new leaders. She
thought all young people had value and always believed in the freedom
to achieve--to follow the American dream.
She would say: Barbara, fight for more books and less bombs. Fight
for more libraries and fewer jails. Make sure people have drugs to
fight cancer, while at the same time fighting the cancer of drugs.
Fight for more jobs

[[Page 21880]]

and make sure people turn the corner. Don't leave them standing at the
corner. Most of all, she would say, Barbara, fight for the freedom to
achieve.
I marvel at how mysteriously God works. I marvel that he should call
Enolia McMillan in the same year as he has called four other great
mothers of the civil rights movement: Rosa Parks, Coretta Scott King,
Victorine Adams, and Roberta March. I so admired Mrs. McMillan's
passion and her activism. I am so grateful for her friendship. I will
miss her leadership, her vision, and her political savvy.
The best of her lives on in all of us, as we seek to live up to her
courage, conviction, and tenacity.

____________________

25TH ANNIVERSARY OF THE HERREID LIVESTOCK MARKET

Mr. JOHNSON. Mr. President, today I honor the owners and
operators of the Herreid Livestock Market on its 25th anniversary. Each
year, hundreds of thousands of animals are moved through the sale barn
to be purchased by farmers or by packers, and eventually find their way
to supermarket shelves. The Herreid Livestock Market is one of the
largest sale barns in the region, and has proven to be a pillar of the
local community both by facilitating business and through advocacy and
philanthropy.
The Herreid Livestock Market began operating in 1981. A previous sale
barn in Herreid had burned down in 1978. Herman Schumacher, the late
Gordie Ulmer, and the late Andy Heisler were primarily responsible for
the building of the current structure. Joe Vetter quickly joined in the
enterprise as an auctioneer and soon purchased a third of the business.
Since then, Schumacher and Vetter have remained partners, along with
various other individuals, most recently J.R. Scott. Finally, though,
last summer the business was sold to Joe Varner. Scott still manages
the sale barn, however, and Schumacher and Vetter remain involved as
well.
In addition to operating a premier sale barn, Schumacher, Vetter, and
Scott have been active in a variety of issues of vital importance to
their industry. They have been active in pushing for country-of-origin
labeling, helping to close the Canadian border for food safety reasons,
and perhaps most notably, Schumacher was a founder of the Ranchers-
Cattlemen Action Legal Fund, R-CALF. R-CALF has advocated for producers
by opposing market manipulation on the part of meatpackers, working to
restrict the importation of foreign cattle into the U.S., and food
safety, among other areas of concern. R-CALF has now merged with the
United Stockgrowers of America and has over 18,000 members. The owners
of the Herreid Livestock Market have also supported access to local
health care by giving large donations to the Linton Hospital Foundation
and the Campbell County Clinics.
While drought conditions have caused a spike in short-term sales, the
sale barn may be facing some challenging years as producers work to
build their herds back up. However, I am confident that the same work
ethic that has caused the Herreid Livestock Market to flourish for 25
years will allow the business to continue prospering.
On October 6, 2006, the community celebrated the Herreid Livestock
Market with a free BBQ Beef Lunch before the 25th anniversary sale. I
wish to congratulate the current and past owners and employees of the
Herreid Livestock Market on reaching this milestone for their business,
and for their years of service to the community. Once again, I commend
the individuals involved in this enterprise and am pleased to see them
publicly honored.

____________________

TRIBUTE TO DENNIS COCHRANE

Mr. KOHL. Mr. President, today I pay tribute to Mr. Dennis
Cochrane, a Wisconsin resident who last Thursday concluded his term on
the board of directors of the Northeast-Midwest Institute. The
Northeast-Midwest Institute is a Washington-based, private, non-profit,
and nonpartisan research organization dedicated to economic vitality,
environmental quality, and regional equity for Northeast and Midwest
States.
During his tenure on the institute's board, Dennis has provided
exceptional counsel and guidance, and in the process has helped to
improve the economic development and environmental quality of the
Northeast-Midwest region.
Dennis is a partner in the law firm of Marcovich, Cochrane, Milliken
and Swanson in Superior, WI. Prior to his law practice, he served as
assistant district attorney for Douglas County, WI, and city Attorney
for the city of Superior. He has served as a member of the city of
Superior Harbor Commission and was active in the founding of the Head
of the Lakes Council of Governments, which evolved into the
Metropolitan Interstate Committee of the Duluth-Superior Region.
I thank Dennis Cochrane for his leadership on the Northeast-Midwest
Institute's Board. His valued service and council will not easily be
replaced.

____________________

CENTENNIAL OF THE ORDER OF THE THEATINE FATHERS

Mr. SALAZAR. Mr. President, last Friday, November 10, we
celebrated the centennial of the Order of the Theatine Fathers in
Colorado. I want the date of this milestone, so important to my State's
history and culture, to be noted in the Record.
The Theatine Order serves parishes across Colorado, from the Sacred
Heart Parish in Durango and St. Cajetan's Church in Denver to the
Sangre de Cristo Parish in my native San Luis Valley. The Order has a
noble history in my State and around the world, where its parishioners
and pastors have worked to spread virtue and to improve the lives of
our citizens.
Saint Cajetan, Paolo Consiglieri, Bonifacio da Colle, and Pope Paul
IV founded the Theatine order nearly 5 centuries ago in Italy, partly
in response to the upheavals of the Reformation. In the generations
that followed, the Theatines established missions in foreign lands,
building churches and spreading their teachings to places like Peru,
Borneo, Sumatra, Georgia, and Armenia.
The Theatines arrived in Colorado at the end of the 19th century to a
young State undergoing rapid changes. Thousands of new immigrants from
Ireland, Italy, Mexico, and elsewhere rushed to Colorado's mines,
farms, and ranches. These immigrants arrived in places like Durango,
San Luis, and Antonito, and found a centuries-old Hispano culture and a
deeply rooted Catholic faith.
As these towns and settlements grew, so too did the demands on the
parishes of Colorado. In 1906, the Bishop of Colorado, Nicolas Matz,
seeing a need for more priests in southwestern Colorado, asked the
Theatine Order to serve Sacred Heart Parish in Durango. The Reverend
John Licciotti and the Reverend Francisco Maria Blasquez Gomez held
their first masses in a former schoolhouse, but the structure, and the
missions in the region, grew quickly. In 1920, the order established
St. Cajetan's Church in Denver and began staffing the church in
Antonito. Three years later, the order expanded to San Luis and its
missions, and later to churches in Fort Collins and Colorado Springs.
Today, the Theatine Order has 19 priests in Colorado, serving thousands
of parishioners.
In honoring the centennial of the Theatine Fathers, we recognize the
contributions of the order to the parishes and parishioners of
Colorado, but we also celebrate the contributions of the fathers to the
culture, faith, and history of our great State. Their work has helped
bind communities, build schools, and instill virtue, compassion and
character in our citizenry. The Theatines are pillars in their
communities, giants who serve the greater good.
I am proud to honor the Order of the Theatine Fathers and to have
this opportunity to thank them for their century of service. May the
virtues that they teach in the towns and churches across the great
State of Colorado continue to fill our hearts and guide our service for
generations to come.

____________________

THE RED MASS

Mr. SANTORUM. Mr. President, today I wish to share with this
body

[[Page 21881]]

the recent remarks of the new Archbishop of Washington, Donald W.
Wuerl, at this year's 53rd Annual Red Mass in Washington, DC. I have
had the pleasure of working with Archbishop Wuerl in his previous
service as the 11th bishop of Pittsburgh, PA. For 18 years, he
ministered to 800,000 Catholics throughout southwestern Pennsylvania
with generosity and compassion.
The Red Mass is celebrated each year in Washington, DC., at the start
of the Supreme Court session and traditionally is held in the Cathedral
of St. Matthew the Apostle. Supreme Court Justices, judges, Government
officials, lawyers, and people of all faiths regularly attend the Mass
to offer prayers for those who administer justice. This Mass is
sponsored by the John Carroll Society. The Red Mass enjoys a rich
history, originating many centuries ago in European capitols. Red Mass
derives its name from the traditional color of vestments worn by the
celebrants of the Mass, signifying the scarlet robes worn by royal
judges who attended the Mass centuries ago. The tradition in the United
States began in 1928 in New York City and spread to cities across the
country.
I hope that in sharing his comments with my colleagues, we will
continue the ongoing conversations among people of faith about the
roles of faith, law, and values in our system of democracy.
Mr. President, I ask that the remarks of Archbishop Wuerl to which I
referred be printed in the Record.
The material follows.

Red Mass Homily

FAITH, LAW AND HUMAN VALUES

Archbishop Donald W. Wuerl, Archbishop of Washington

Cathedral of Matthew the Apostle, Washington, DC, Sunday, October 1,
2006

Brothers and Sisters in the Lord, It is a privilege for me
to join each of you at this 53rd annual Red Mass sponsored by
the John Carroll Society as part of a noble tradition in our
nation's capital of invoking the blessing of God's Holy
Spirit on all who are engaged in the service of the law,
especially the members of the judiciary.
Recently I received a beautiful plant rooted in a very
attractive container with gorgeous flowers mixed throughout
the arrangement. Within a few short days, however, even
though I took great care of it, some of the flowers began to
fade. It was only after I removed one of the withered flowers
that I made the startling discovery that not all of the
flowers were attached to the plant and rooted in the soil,
but instead simply were placed in little plastic containers.
As the flowers were not part of the plant and not rooted in
the soil, they had no source of nourishment and died.
A beautiful flower in an isolated container is much like
the branch that Jesus speaks about in today's Gospel text
from St. John, the branch that gets cut off, detached from,
isolated from the vine. Such a branch cannot bear much
fruit--certainly not for long.
Whatever image we use, the lesson is the same. We cannot be
cut off from our rootedness. We cannot become isolated from
our connectedness and expect to flourish. As a people, we
have a need to be part of a living unity with roots and a
lived experience, with a history and, therefore, a future.
Our lives as individuals and as a society are diminished to
the extent that we allow ourselves to be cut off or
disconnected from that which identifies and nurtures us.
Branches live and bear fruit only insofar as they are
attached to the vine.
No one person; no part of our society, no people can become
isolated, cut off from its history, from its defining
experiences of life, from its highest aspirations, from the
lessons of faith and the inspiration of religion--from the
very ``soil'' that sustains life-and still expect to grow and
flourish. Faith convictions, moral values and defining
religious experiences of life sustain the vitality of the
whole society. We never stand alone, disconnected, uprooted,
at least not for long without withering.
A profound part of the human experience is the search for
truth and connectedness, and the development of human wisdom
that includes the recognition of God, an appreciation of
religious experience in human history and life, and the
special truth that is divinely revealed religious truth.
Science linked to religiously grounded ethics, art
expressive of spirituality, technology reflective of human
values, positive civil law rooted in the natural moral order
are all branches connected to the vine.
A healthy and vital society respects the wisdom of God made
known to us through the gift of creation and the blessing of
revelation. We not only need God's guidance, but we are
created in such a way that we yearn for its light and
direction. Pope John Paul II in his encyclical Fides et Ratio
reminds us: ``. . . God has placed in the human heart a
desire to know the truth--in a word, to know himself--so
that, by knowing and loving God, men and women may also come
to the fullness of truth about themselves.'' (Intro., Fides
et Ratio)
One reason we gather today in prayer for the outpouring of
the gifts of the Holy Spirit is our realization that it is
the wisdom of God that fills up what is lacking in our own
limited knowledge and understanding. Connected to the vine,
we access the richness of God's word directing our human
experience under the guidance of the Holy Spirit. Cut off
from the vine, we have only ourselves.
At times our society, like many contemporary cultures
heavily nurtured in a secular vision that draws its
inspiration elsewhere, can be tempted to think that we are
sufficient unto ourselves in grappling with and answering the
great human questions of every generation in every age: how
shall I live; what is the meaning and, therefore, the value
of life; how should we relate to each other; what are our
obligations to one another?
The assertion by some that the secular voice alone should
speak to the ordering of society and its public policy, that
it alone can speak to the needs of the human condition, is
being increasingly challenged. Looking around, I see many
young men and women who, in such increasing numbers, are
looking for spiritual values, a sense of rootedness and hope
for the future. In spite of all the options and challenges
from the secular world competing for the allegiance of human
hearts, the quiet, soft and gentle voice of the Spirit has
not been stilled.
Just as we are told in the first reading today that the
Spirit of God was shared with some of the elders so, too,
today we have a sense that that Spirit continues to be
shared. The resurgence of spiritual renewal in its many forms
bears testimony to the atavistic need to be connected to the
vine and rooted in the soil of our faith experience.
As Jesus assures us in today's Gospel: ``Just as a branch
cannot bear fruit on its own unless it remains on the vine,
so neither can you unless you remain in me.'' The revelation
of the mystery of God-with-us is not incidental to that human
experience. It gives light and direction to the struggle we
call the human condition. Religious faith and faith-based
values are not peripheral to the human enterprise. Our
history, the history of mankind, is told in part in terms of
our search for and response to the wisdom of God.
Religious faith has long been a cornerstone of the American
experience. From the Mayflower Compact, which begins ``In the
name of God, Amen,'' to our Declaration of Independence, we
hear loud echoes of our faith in God. It finds expression in
our deepseated conviction that we have unalienable rights
from ``Nature and Nature's God.''
Thomas Jefferson stated that the ideals and ideas that he
set forth in the Declaration of Independence were not
original with him, but were the common opinion of his day. In
a letter dated May 8, 1825, to Henry Lee, former governor of
Virginia, Jefferson writes that the Declaration of
Independence is ``intended to be an expression of the
American mind and to give to that expression the proper tone
and spirit.''
George Washington, after whom this city is named, was not
the first, but perhaps was the most prominent, American
political figure to highlight the vital part religion must
play in the well-being of the nation. His often-quoted
Farewell Address reminds us that we cannot expect national
prosperity without morality, and morality cannot be sustained
without religious principles.
Morality and ethical considerations cannot be divorced from
their religious antecedents. What we do and how we act, our
morals and ethics, follow on what we believe. The religious
convictions of a people sustain their moral decisions.
What is religion's place in public life? As our Holy
Father, Pope Benedict XVI, tells us in his first encyclical
letter, ``Deus Caritas Est'' (God Is Love): ``[f]or her part,
the Church, as the social expression of Christian faith, has
a proper independence and is structured on the basis of her
faith as a community which the State must recognize. The two
spheres are distinct, yet always interrelated'' (DCE 28).
Politics, law and faith are mingled because believers are
also citizens. Church and state are home to the very same
people.
The place of religion and religious conviction in public
life is precisely to sustain those values that make possible
a common good that is more than just temporary political
expediency. Without a value system rooted in morality and
ethical integrity, there is the very real danger that human
choices will be motivated solely by personal convenience and
gain.
To speak out against racial discrimination, social
injustice or threats to the dignity of life is not to force
values upon society, but rather to call our society to its
own, long-accepted, moral principles and commitment to defend
basic human rights, which is the function of law.
Not only did Thomas Jefferson subscribe to the proposition
that all are created equal, but his writings indicate that he
extended

[[Page 21882]]

the logic of that statement. All people are obliged to a code
of morality that rests on the very human nature which is the
foundation for our human dignity and equality. Jefferson
recognizes no distinction between public and private
morality. In a letter dated August 28, 1789, to James
Madison, who later became the fourth president of our
country, Jefferson wrote: ``I know but one code of morality
for all, whether acting singly or collectively.''
Perhaps nowhere is the relationship of values, religious
faith, public policy and the application of the law more
deeply rooted in its historic expression than here in our
nation's capital. Here is the place where our first
president, George Washington, and the first Catholic bishop
in our country, John Carroll, recognized so very early on in
the life of our country the need to respect, honor and
support the understanding that the goals of governance and
the expression of faith-based morality mingle and overlap. At
the same time, each was respectful of the prerogatives of the
other, and both were mindful that all the voices needed to be
heard.
In the end, the goal of public policy, and its application
and interpretation, must be not what we can do but what we
ought to do; not what we have the ability to achieve, but
what in our hearts, in our conscience and in our souls we
know we must do.
As believers, our hope for a better world is rooted in our
faith that God will help us make this happen. Faith is the
source of our perennial optimism and our social activism and
involvement. If we work and work hard enough, God will be
with us to bring about that world of peace, justice,
understanding, wisdom, kindness, respect and love that we
call His kingdom coming to be on earth.
Our prayer today is that our American democratic society
will continue to be a flowering plant connected to the vine
with roots sunk deep into the rich soil of our national
identity, spiritual experience and faith convictions. May our
religious faith, as a foundational part of our national
experience, continue to nurture and sustain each branch of
our society so that by its very connectedness to the vine it
can blossom and flourish.
Thank you.

____________________

REMEMBERING LARRY TICE

Mr. ROCKEFELLER. Mr. President, I rise today to share with my
colleagues in the Senate the story of an awful tragedy that took place
in Weirton, WV. Larry Tice, a steelworker at the former Weirton Steel
now called Mittal Steel's Weirton Plant took his own life earlier this
year after being overwhelmed with a misplaced feeling of failure.
Larry spent decades in Weirton Steel's hot mill before he was
transitioned to the tin mill in Mittal's reorganization and shrinking
of its operations in Weirton. At its height, Weirton Steel employed
14,000--nearly everyone in a town of roughly 25,000. Twenty years ago
employment was approximately 7,000, and today the company employs less
than 2,000 people in a town that has shrunk to fewer than 20,000
people. Weirton is a town that had been built around the plant, and the
plant served as the town's economic engine for nearly 100 years.
Weirton was and is known for its world-class steelmaking.
Mr. Tice was a hard-working veteran at Weirton Steel. There had never
been a doubt as to where Larry would work when he was growing up. He,
like so many others, had been raised to believe if they worked hard,
there would always be a job that included a living wage, competitive
benefits, and a guaranteed pension. Larry's father, uncles, and cousins
had all worked at the mill. Larry worked there his whole life after
signing up after high school graduation in 1973. Just before his death,
his job was in jeopardy, many of his benefits diminished, and his
pension had all but disappeared.
Mr. Tice worked at the heart of the mill, in the pit, where glowing
molten steel drifted overhead in 340-ton ladles, then roared out of
3\1/2\-inch holes. He excelled in his area of work and was crew chief
to six employees. Everyone says Mr. Tice enjoyed his work and took
pride in what he did. It was not an easy job. The intense heat and the
physical nature of the job tax workers physically and mentally, but Mr.
Tice was a true steelworker, never complaining and always doing what he
was asked.
After many layoffs at Weirton Steel and the closure of the hot end,
Mr. Tice was relocated to the tin mill, but he happily accepted this
assignment because he was one of those who would still have a job after
another massive layoff. With the new job came many new stresses and
worries. Mr. Tice had only 2 weeks to master the new machinery and
technology; the tin mill was more technologically advanced and was a
place that required new skills and processes. At age 51, this new,
high-tech job posed a real challenge for Mr. Tice. The stress continued
to mount and Mr. Tice began to feel inferior, as his friends report,
looking back on his last few months of life.
Mr. Tice worried that the new management of Weirton would not
tolerate a slow learning curve. He worried that if he didn't pick up
his new craft quickly enough that he would be fired. In the end, friend
and family pointed to some negative reinforcement and a general feeling
of inadequacy on Mr. Tice's part. This steelworker of two-plus decades
worried that if he didn't catch on quickly enough he wouldn't be able
to provide for his family or allow them the opportunities they
deserved--worries that anyone who cares for a family can understand.
Larry Tice was a family man to his last days.
This hardship and uncertainty, along with his constant pressure and
concern for his family's welfare, ultimately led to him taking his own
life. Mr. Tice's widow, Mary, is now only left to wonder what was so
inescapable. Mary spoke with Larry over the phone moments before his
death and he told her he had `screwed up,' though he did not elaborate
further. At home, Larry hung up the telephone. When Mary tried calling
back, there was no answer. She then drove home, though it was too late.
I stand before you today to ask that Larry Tice's story be
remembered, along with the ongoing struggle of all steelworkers. Many
ask why we in steel States fight so hard for our steel jobs, and it is
because of stories like Larry Tice's that touch our hearts. It is so
that no more steelworkers will suffer the agony Mr. Tice endured and
which conquered him. We work to ensure that fair trade conditions exist
so no more families find themselves agonizing as a loved one worries
about their livelihood and ability to provide for their family. The
steel industry is very important to the prosperity of our State and is
something that touches many West Virginians' lives and our country. My
deepest sympathy goes out to the Tice family.

____________________

MESSAGES FROM THE PRESIDENT

Messages from the President of the United States were communicated to
the Senate by Ms. Evans, one of his secretaries.

____________________

EXECUTIVE MESSAGES REFERRED

As in executive session the Presiding Officer laid before the Senate
messages from the President of the United States submitting sundry
nominations and a treaty which were referred to the appropriate
committees.
(The nominations received today are printed at the end of the Senate
proceedings.)

____________________

MEASURES REFERRED

The following bills were read the first and the second times by
unanimous consent, and referred as indicated:

H.R. 383. To designate the Ice Age Floods National Geologic
Route, and for other purposes; to the Committee on Energy and
Natural Resources.
H.R. 971. An act to extend the deadline for commencement of
construction of certain hydroelectric projects in
Connecticut, and for other purposes; to the Committee on
Energy and Natural Resources.
H.R. 1215. An act to provide for the implementation of a
Green Chemistry Research and Development Program, and for
other purposes; to the Committee on Commerce, Science, and
Transportation.
H.R. 1344. An act to amend the Wild and Scenic Rivers Act
to designate a segment of the Farmington River and Salmon
Brook in the State of Connecticut for study for potential
addition to the National Wild and Scenic Rivers System, and
for other purposes; to the Committee on Energy and Natural
Resources.
H.R. 1472. An act to designate the facility of the United
States Postal Service located at 167 East 124th Street in New
York, New York, as the ``Tito Puente Post Office Building'';
to the Committee on Homeland Security and Governmental
Affairs.

[[Page 21883]]

H.R. 1711. An act to provide assistance to the State of New
Mexico for the development of comprehensive State water
plans, and for other purposes; to the Committee on Energy and
Natural Resources.
H.R. 1796. An act to amend the National Trails System Act
to designate the route of the Mississippi River from its
headwaters in the State of Minnesota to the Gulf of Mexico
for study for potential addition to the National Trails
System as a national scenic trail, national historic trail,
or both, and for other purposes; to the Committee on Energy
and Natural Resources.
H.R. 2069. An act to authorize the exchange of certain land
in Grand and Uintah Counties, Utah, and for other purposes;
to the Committee on Energy and Natural Resources.
H.R. 2110. An act to provide for a study of options for
protecting the open space characteristics of certain lands in
and adjacent to the Arapaho and Roosevelt National Forests in
Colorado, and for other purposes; to the Committee on Energy
and Natural Resources.
H.R. 2679. To amend the Revised Statutes of the United
States to prevent the use of the legal system in a manner
that extorts money from State and local governments, and the
Federal Government, and inhibits such governments'
constitutional actions under the first, tenth, and fourteenth
amendments; to the Committee on the Judiciary.
H.R. 3534. An act to designate the Piedras Blancas Light
Station and the surrounding public land as an Outstanding
Natural Area to be administered as a part of the National
Landscape Conservation System, and for other purposes; to the
Committee on Energy and Natural Resources.
H.R. 3606. An act to modify a land grant patent issued by
the Secretary of the Interior; to the Committee on Energy and
Natural Resources.
H.R. 3626. An act to authorize the Secretary of the
Interior to study the feasibility of enlarging the Arthur V.
Watkins Dam Weber Basin Project, Utah, to provide additional
water for the Weber Basin Project to fulfill the purposes for
which that project was authorized; to the Committee on Energy
and Natural Resources.
H.R. 3871. An act to authorize the Secretary of Interior to
convey to The Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc.,
certain Federal land associated with the Lewis and Clark
National Historic Trail in Nebraska, to be used as an
historical interpretive site along the trail; to the
Committee on Energy and Natural Resources.
H.R. 3961. An act to authorize the National Park Service to
pay for services rendered by subcontractors under a General
Services Administration Indefinite Deliver Indefinite
Quantity Contract issued for work to be completed at the
Grand Canyon National Park; to the Committee on Energy and
Natural Resources.
H.R. 4275. An act to amend Public Law 106-348 to extend the
authorization for establishing a memorial in the District of
Columbia or its environs to honor veterans who became
disabled while serving in the Armed Forces of the United
States; to the Committee on Energy and Natural Resources.
H.R. 4382. An act to provide for the conveyance of certain
land in Clark County, Nevada, for use by the Nevada National
Guard; to the Committee on Energy and Natural Resources.
H.R. 4545. An act to amend the Reclamation Wastewater and
Groundwater Study and Facilities Act to authorize the
Secretary of the Interior to participate in the Los Angeles
County Water Supply Augmentation Demonstration Project, and
for other purposes; to the Committee on Energy and Natural
Resources.
H.R. 4720. An act to designate the facility of the United
States Postal Service located at 200 Gateway Drive in
Lincoln, California, as the ``Beverly J. Wilson Post Office
Building''; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 4750. An act to authorize the Secretary of the
Interior to conduct a study to determine the feasibility of
implementing a water supply and conservation project to
improve water supply reliability, increase the capacity of
water storage, and improve water management efficiency in the
Republican River Basin between Harlan County Lake in Nebraska
and Milford Lake in Kansas; to the Committee on Energy and
Natural Resources.
H.R. 4766. To amend the Native American Programs Act of
1974 to provide for the revitalization of Native American
languages through Native American language immersion
programs; and for other purposes; to the Committee on Indian
Affairs.
H.R. 4772. An act to simplify and expedite access to the
Federal courts for injured parties whose rights and
privileges under the United States Constitution have been
deprived by final actions of Federal agencies or other
government officials or entities acting under color of State
law, and for other purposes; to the Committee on the
Judiciary.
H.R. 4789. An act to require the Secretary of the Interior
to convey certain public land located wholly or partially
within the boundaries of the Wells Hydroelectric Project of
Public Utility District No. 1 of Douglas County, Washington,
to the utility district; to the Committee on Energy and
Natural Resources.
H.R. 4844. To amend the Help America Vote Act of 2002 to
require each individual who desires to vote in an election
for Federal office to provide the appropriate election
official with a government-issued photo identification, and
for other purposes; to the Committee on Rules and
Administration.
H.R. 4846. To authorize grants for contributions toward the
establishment of the Woodrow Wilson Presidential Library; to
the Committee on Homeland Security and Governmental Affairs.
H.R. 4876. An act to ratify a conveyance of a portion of
the Jicarilla Apache Reservation to Rio Arriba County, State
of New Mexico, pursuant to the settlement of litigation
between the Jicarilla Apache Nation and Rio Arriba County,
State of New Mexico, to authorize issuance of a patent for
said lands, and to change the exterior boundary of the
Jicarilla Apache Reservation accordingly, and for other
purposes; to the Committee on Indian Affairs.
H.R. 4942. An act to establish a capability and office to
promote cooperation between entities of the United States and
its allies in the global war on terrorism for the purpose of
engaging in cooperative endeavors focused on the research,
development, and commercialization of high-priority
technologies intended to detect, prevent, respond to, recover
from, and mitigate against acts of terrorism and other high
consequence events and to address the homeland security needs
of Federal, State, and local governments; to the Committee on
Homeland Security and Governmental Affairs.
H.R. 4981. An act to amend the National Dam Safety Program
Act; to the Committee on Environment and Public Works.
H.R. 5016. An act to provide for the exchange of certain
Bureau of Land Management land in Pima County, Arizona, and
for other purposes; to the Committee on Energy and Natural
Resources.
H.R. 5079. To update the management of Oregon water
resources, and for other purposes; to the Committee on Energy
and Natural Resources.
H.R. 5108. An act to designate the facility of the United
States Postal Service located at 1213 East Houston Street in
Cleveland, Texas, as the ``Lance Corporal Robert A. Martinez
Post Office Building''; to the Committee on Homeland Security
and Governmental Affairs.
H.R. 5136. An act to establish a National Integrated
Drought Information System within the National Oceanic and
Atmospheric Administration to improve drought monitoring and
forecasting capabilities; to the Committee on Commerce,
Science, and Transportation.
H.R. 5313. An act to reserve a small percentage of the
amounts made available to the Secretary of Agriculture for
the farmland protection program to fund challenge grants to
encourage the purchase of conservation easements and other
interests in land to be held by a State agency, county, or
other eligible entity, and for other purposes; to the
Committee on Agriculture, Nutrition, and Forestry.
H.R. 5323. An act to require the Secretary of Homeland
Security to provide for ceremonies on or near Independence
Day for administering oaths of allegiance to legal immigrants
whose applications for naturalization have been approved; to
the Committee on the Judiciary.
H.R. 5340. An act to promote Department of the Interior
efforts to provide a scientific basis for the management of
sediment and nutrient loss in the Upper Mississippi River
Basin, and for other purposes; to the Committee on Energy and
Natural Resources.
H.R. 5347. An act to reauthorize the HOPE VI program for
revitalization of public housing projects; to the Committee
on Banking, Housing, and Urban Affairs.
H.R. 5418. An act to establish a pilot program in certain
United States district courts to encourage enhancement of
expertise in patent cases among district judges; to the
Committee on the Judiciary.
H.R. 5454. An act to authorize salary adjustments for
Justices and judges of the United States for fiscal year
2007; to the Committee on the Judiciary.
H.R. 5483. An act to increase the disability earning
limitation under the Railroad Retirement Act and to index the
amount of allowable earnings consistent with increases in the
substantial gainful activity dollar amount under the Social
Security Act; to the Committee on Health, Education, Labor,
and Pensions.
H.R. 5503. An act to amend the National Housing Act to
increase the mortgage amount limits applicable to FHA
mortgage insurance for multifamily housing located in high-
cost areas; to the Committee on Banking, Housing, and Urban
Affairs.
H.R. 5516. An act to allow for the renegotiation of the
payment schedule of contracts between the Secretary of the
Interior and the Redwood Valley County Water District, and
for other purposes; to the Committee on Energy and Natural
Resources.
H.R. 5533. An act to prepare and strengthen the biodefenses
of the United States against deliberate, accidental, and
natural outbreaks of illness, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.

[[Page 21884]]

H.R. 5637. An act to streamline the regulation of
nonadmitted insurance and reinsurance, and for other
purposes; to the Committee on Banking, Housing, and Urban
Affairs.
H.R. 5681. An act to authorize appropriations for the Coast
Guard for fiscal year 2007, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
H.R. 5692. To direct the Secretary of the Interior to
conduct a special resource study to determine the feasibility
and suitability of establishing a memorial to the Space
Shuttle Columbia in the State of Texas and for its inclusion
as a unit of the National Park System; to the Committee on
Energy and Natural Resources.
H.R. 5736. An act to designate the facility of the United
States Postal Service located at 101 Palafox Place in
Pensacola, Florida, as the ``Vincent J. Whibbs, Sr. Post
Office Building''; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 5825. An act to update the Foreign Intelligence
Surveillance Act of 1978; to the Committee on the Judiciary.
H.R. 5835. An act to amend title 38, United States Code, to
improve information management within the Department of
Veterans Affairs, and for other purposes; to the Committee on
Veterans' Affairs.
H.R. 5857. An act to designate the facility of the United
States Postal Service located at 1501 South Cherrybell Avenue
in Tucson, Arizona, as the ``Morris K. `Mo' Udall Post Office
Building''; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 5861. An act to amend the National Historic
Preservation Act, and for other purposes; to the Committee on
Energy and Natural Resources.
H.R. 5923. An act to designate the facility of the United
States Postal Service located at 29-50 Union Street in
Flushing, New York, as the ``Dr. Leonard Price Stavisky Post
Office''; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 5989. An act to designate the facility of the United
States Postal Service located at 10240 Roosevelt Road in
Westchester, Illinois, as the `John J. Sinde Post Office
Building'; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 5990. An act to designate the facility of the United
States Postal Service located at 415 South 5th Avenue in
Maywood, Illinois, as the ``Wallace W. Sykes Post Office
Building''; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 6014. An act to authorize the Secretary of the
Interior, acting through the Bureau of Reclamation, to
improve California's Sacramento-San Joaquin Delta and water
supply; to the Committee on Energy and Natural Resources.
H.R. 6062. An act to enhance community development
investments by financial institutions, and for other
purposes; to the Committee on Banking, Housing, and Urban
Affairs.
H.R. 6072. An act to amend the Federal Deposit Insurance
Act to provide further regulatory relief for depository
institutions and clarify certain provisions of law applicable
to such institutions, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
H.R. 6078. An act to designate the facility of the United
States Postal Service located at 307 West Wheat Street in
Woodville, Texas, as the ``Chuck Fortenberry Post Office
Building''; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 6079. An act to require the President's Working Group
on Financial Markets to conduct a study on the hedge fund
industry; to the Committee on Banking, Housing, and Urban
Affairs.
H.R. 6102. An act to designate the facility of the United
States Postal Service located at 200 Lawyers Road, NW in
Vienna, Virginia, as the ``Captain Christopher Petty Post
Office Building''; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 6115. An act to extend the authority of the Secretary
of Housing and Urban Development to restructure mortgages and
rental assistance for certain assisted multifamily housing;
to the Committee on Banking, Housing, and Urban Affairs.
H.R. 6131. An act to permit certain expenditures from the
Leaking Underground Storage Tank Trust Fund; to the Committee
on Finance.
H.R. 6143. An act to amend title XXVI of the Public Health
Service Act to revise and extend the program for providing
life-saving care for those with HIV AIDS; to the Committee on
Health, Education, Labor, and Pensions.
H.R. 6151. An act to designate the facility of the United
States Postal Service located at 216 Oak Street in
Farmington, Minnesota, as the ``Hamilton H. Judson Post
Office''; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 6160. An act to recruit and retain Border Patrol
agents; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 6162. An act to require financial accountability with
respect to certain contract actions related to the Secure
Border Initiative of the Department of Homeland Security; to
the Committee on Homeland Security and Governmental Affairs.
H.R. 6164. An act to amend title IV of the Public Health
Service Act to revise and extend the authorities of the
National Institutes of Health, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
H.R. 6166. An act to amend title 10, United States Code, to
authorize trial by military commission for violations of the
law of war, and for other purposes; to the Committee on Armed
Services.
H.R. 6203. An act to provide for Federal energy research,
development, demonstration, and commercial application
activities, and for other purposes; to the Committee on
Energy and Natural Resources.
H.R. 6233. An act to amend the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users to
make technical corrections, and for other purposes; to the
Committee on Environment and Public Works.

The following concurrent resolutions were read, and referred as
indicated:

H. Con. Res. 222. Concurrent resolution supporting the
goals and ideals of National Pregnancy and Infant Loss
Remembrance Day; to the Committee on Health, Education,
Labor, and Pensions.
H. Con. Res. 317. Concurrent resolution requesting the
President to issue a proclamation annually calling upon the
people of the United States to observe Global Family Day, One
Day of Peace and Sharing, and for other purposes; to the
Committee on Foreign Relations.
H. Con. Res. 430. Concurrent resolution recognizing the
accomplishments of the American Council of Young Political
Leaders for providing 40 years of international exchange
programs, increasing international dialogue, and enhancing
global understanding, and commemorating its 40th anniversary;
to the Committee on Foreign Relations.
H. Con. Res. 471. Concurrent resolution congratulating The
Professional Golfers' Association of America on its 90th
anniversary and commending the members of The Professional
Golfers' Association of America and The PGA Foundation for
the charitable contributions they provide to the United
States; to the Committee on Commerce, Science, and
Transportation.
H. Con. Res. 473. Concurrent resolution supporting the
goals and ideals of Gynecologic Cancer Awareness Month; to
the Committee on Health , Education, Labor, and Pensions.
H. Con. Res. 478. Concurrent resolution supporting the
goals and ideals of ``Lights On Afterschool!'', a national
celebration of after-school programs; to the Committee on
Health, Education, Labor, and Pensions.

____________________

MEASURES PLACED ON THE CALENDAR

The following bills were read the second time, and placed on the
calendar:

S. 3994. A bill to extend the Iran and Libya Sanctions Act
of 1996.
S. 4041. A bill to protect children and their parents from
being coerced into administering a controlled substance in
order to attend school, and for other purposes.

____________________

MEASURES READ THE FIRST TIME

The following bill was read the first time:

S. 4047. A bill to prohibit the issuance of transportation
security cards to individuals who have been convicted of
certain crimes.

____________________

ENROLLED BILLS PRESENTED

The Secretary of the Senate reported that he had presented to the
President of the United States the following enrolled bills:
On October 3, 2006:
S. 2430. An act to amend the Great Lakes Fish and Wildlife
Restoration Act of 1990 to provide for implementation of
recommendations of the United States Fish and Wildlife
Service contained in the Great Lakes Fishery Resources
Restoration Study.
S. 2856. An act to provide regulatory relief and improve
productivity for insured depository institutions, and for
other purposes.
S. 3661. An act to amend section 29 of the International
Air Transportation Competition Act of 1979 relating to air
transportation to and from Love Field, Texas.
On October 5, 2006:
S. 2562. An act to increase, effective as of December 1,
2006, the rates of compensation for veterans with service-
connected disabilities and the rates of dependency and
indemnity compensation for the survivors of certain disabled
veterans.
S. 3728. An act to promote nuclear nonproliferation in
North Korea.
On October 10, 2006:
S. 3930. An act to authorize trial by military commission
or violations of the law of war, and for other purposes.

[[Page 21885]]

____________________

EXECUTIVE AND OTHER COMMUNICATIONS

The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:

EC-8928. A communication from the Administrator, Food and
Nutrition Service, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``For-Profit
Center Participation in the Child and Adult Care Food
Program'' (RIN0584-AD66) received on November 6, 2006; to the
Committee on Agriculture, Nutrition, and Forestry.
EC-8929. A communication from the Director, Regulatory
Review Group, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Removal of
Obsolete Regulations'' (RIN0560-AH65) received on November 6,
2006; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-8930. A communication from the Congressional Review
Coordinator, Animal and Plant Health Inspection Service,
Department of Agriculture, transmitting, pursuant to law, the
report of a rule entitled ``Imported Fire Ant; Addition of
Counties in Arkansas and Tennessee to the List of Quarantined
Areas'' (Docket No. APHIS-2006-0080) received on November 6,
2006; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-8931. A communication from the Under Secretary of
Defense (Personnel and Readiness), transmitting, a report on
the approved retirement of Vice Admiral Walter B. Massenburg,
United States Navy, and his advancement to the grade of vice
admiral on the retired list; to the Committee on Armed
Services.
EC-8932. A communication from the Under Secretary of
Defense (Personnel and Readiness), transmitting, a report on
the approved retirement of General James L. Jones, Jr.,
United States Marine Corps, and his advancement to the grade
of general on the retired list; to the Committee on Armed
Services.
EC-8933. A communication from the Under Secretary of
Defense (Personnel and Readiness), transmitting, a report on
the approved retirement of Lieutenant General Jan C. Huly,
United States Marine Corps, and his advancement to the grade
of lieutenant general on the retired list; to the Committee
on Armed Services.
EC-8934. A communication from the Assistant Secretary of
the Navy (Installations and Environment), transmitting,
pursuant to law, a report on the Department's decision to
convert functions currently performed by Navy personnel to
contractors; to the Committee on Armed Services.
EC-8935. A communication from the Assistant Secretary of
the Navy (Installations and Environment), transmitting,
pursuant to law, a report relative to a streamlined
competition of military personnel; to the Committee on Armed
Services.
EC-8936. A communication from the Director, Defense
Procurement and Acquisition Policy, Department of Defense,
transmitting, pursuant to law, the report of a rule entitled
``Acquisition of Major Weapon Systems as Commercial Items''
((RIN0750-AF38) (DFARS Case 2006-D012)) received on November
6, 2006; to the Committee on Armed Services.
EC-8937. A communication from the Director, Defense
Procurement and Acquisition Policy, Department of Defense,
transmitting, pursuant to law, the report of a rule entitled
``Free Trade Agreements--Guatemala and Bahrain'' ((RIN0750-
AF49) (DFARS Case 2006-D028)) received on November 6, 2006;
to the Committee on Armed Services.
EC-8938. A communication from the Director, Defense
Procurement and Acquisition Policy, Department of Defense,
transmitting, pursuant to law, the report of a rule entitled
``Berry Amendment Notification Requirement'' ((RIN0750-AF33)
(DFARS Case 2006-D006)) received on November 6, 2006; to the
Committee on Armed Services.
EC-8939. A communication from the Counsel for Regulations,
Office of Public and Indian Housing, Department of Housing
and Urban Development, transmitting, pursuant to law, the
report of a rule entitled ``Extension of Minimum Funding
Under the Indian Housing Block Grant Program'' (RIN2577-AC69)
received on November 6, 2006; to the Committee on Banking,
Housing, and Urban Affairs.
EC-8940. A communication from the Principal Deputy, Office
of the Under Secretary of Defense (Personnel and Readiness),
transmitting, pursuant to law, the report of (2) officers
authorized to wear the insignia of the next higher grade in
accordance with title 10, United States Code, section 777; to
the Committee on Armed Services.
EC-8941. A communication from the Liaison Officer, Office
of the Secretary, Department of Defense, transmitting,
pursuant to law, the report of a rule entitled ``Department
of Defense Personnel Security Program Regulation'' (DoD-2006-
OS-0038) received on November 6, 2006; to the Committee on
Armed Services.
EC-8942. A communication from the Director, Defense
Procurement and Acquisition Policy, Department of Defense,
transmitting, pursuant to law, the report of a rule entitled
``Buy American Act Exemption for Commercial Information
Technology'' ((RIN0750-AF23) (DFARS Case 2005-D011)) received
on November 6, 2006; to the Committee on Armed Services.
EC-8943. A communication from the General Counsel, National
Credit Union Administration, transmitting, pursuant to law,
the report of a rule entitled ``General Lending Maturity
Limit and Other Financial Services'' (RIN3133-AD30) received
on November 7, 2006; to the Committee on Banking, Housing,
and Urban Affairs.
EC-8944. A communication from the Counsel for Regulations,
Office of Public and Indian Housing, Department of Housing
and Urban Development, transmitting, pursuant to law, the
report of a rule entitled ``Demolition or Disposition of
Public Housing Projects'' (RIN2577-AC20) received on November
6, 2006; to the Committee on Banking, Housing, and Urban
Affairs.
EC-8945. A communication from the Secretary, Division of
Corporation Finance, Securities and Exchange Commission,
transmitting, pursuant to law, the report of a rule entitled
``Rules 13e-4 and 14d-10'' (RIN3235-AJ50) received on
November 6, 2006; to the Committee on Banking, Housing, and
Urban Affairs.
EC-8946. A communication from the Chief Counsel, Federal
Emergency Management Agency, Department of Homeland Security,
transmitting, pursuant to law, the report of a rule entitled
``National Flood Insurance Program; Appeal of Decisions
Relating to Flood Insurance Claims'' (RIN1660-AA41) received
on November 6, 2006; to the Committee on Banking, Housing,
and Urban Affairs.
EC-8947. A communication from the Chief Counsel, Federal
Emergency Management Agency, Department of Homeland Security,
transmitting, pursuant to law, the report of a rule entitled
``Final Flood Elevation Determinations'' (71 FR 59398)
received on November 6, 2006; to the Committee on Banking,
Housing, and Urban Affairs.
EC-8948. A communication from the White House Liaison,
Department of the Treasury, transmitting, pursuant to law,
(12) reports relative to vacancy announcements within the
Department, received on November 6, 2006; to the Committee on
Banking, Housing, and Urban Affairs.
EC-8949. A communication from the Secretary of the
Treasury, transmitting, pursuant to law, a six-month periodic
report relative to the national emergency that was declared
in Executive Order 13338 of May 11, 2004; to the Committee on
Banking, Housing, and Urban Affairs.
EC-8950. A communication from the General Counsel, Federal
Housing Finance Board, transmitting, pursuant to law, the
report of a rule entitled ``Federal Home Loan Bank Elective
Directors'' (RIN3069-AB31) received on November 6, 2006; to
the Committee on Banking, Housing, and Urban Affairs.
EC-8951. A communication from the General Counsel, Federal
Housing Finance Board, transmitting, pursuant to law, the
report of a rule entitled ``Privacy Act and Freedom of
Information Act; Implementation'' (RIN3069-AB32) received on
November 6, 2006; to the Committee on Banking, Housing, and
Urban Affairs.
EC-8952. A communication from the General Counsel, Federal
Housing Finance Board, transmitting, pursuant to law, the
report of a rule entitled ``Affordable Housing Program
Amendments'' (RIN3069-AB26) received on November 6, 2006; to
the Committee on Banking, Housing, and Urban Affairs.
EC-8953. A communication from the Under Secretary and
Director, United States Patent and Trademark Office,
Department of Commerce, transmitting, pursuant to law, the
report of a rule entitled ``Changes to Eliminate the
Disclosure Document Program'' (RIN0651-AC01) received on
November 6, 2006; to the Committee on Commerce, Science, and
Transportation.
EC-8954. A communication from the Director, National Marine
Fisheries Service, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Atlantic
Highly Migratory Species; Atlantic Bluefin Tuna Fisheries;
Temporary Rule; Inseason Retention Limit Adjustment'' (ID No.
092506B) received on November 6, 2006; to the Committee on
Commerce, Science, and Transportation.
EC-8955. A communication from the Director, National Marine
Fisheries Service, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Fisheries of
the Exclusive Economic Zone Off Alaska; Pacific Cod by
Catcher Processor Vessels Using Pot Gear in the Bering Sea
and Aleutian Islands Management Area'' (ID No. 101206F)
received on November 6, 2006; to the Committee on Commerce,
Science, and Transportation.
EC-8956. A communication from the Acting Director, National
Marine Fisheries Service, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries Off West Coast States; Pacific Coast Groundfish
Fishery; Specifications and Management Measures; End of the
Pacific Whiting Primary Season for the Mothership Sector (ID
No. 100206A) received on November 6, 2006; to the Committee
on Commerce, Science, and Transportation.

[[Page 21886]]

EC-8957. A communication from the Acting Director, National
Marine Fisheries Service, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Reallocation of Pacific Cod in the Bering Sea and Aleutian
Islands Management Area'' (ID No. 100306E) received on
November 6, 2006; to the Committee on Commerce, Science, and
Transportation.
EC-8958. A communication from the Acting Director, National
Marine Fisheries Service, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Reallocation of Pollock in the Bering Sea and Aleutian
Islands'' (ID No. 100306D) received on November 6, 2006; to
the Committee on Commerce, Science, and Transportation.
EC-8959. A communication from the Acting Director, National
Marine Fisheries Service, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Western Aleutian District of the Bering Sea
and Aleutian Islands Management Area'' (ID No. 100506B)
received on November 6, 2006; to the Committee on Commerce,
Science, and Transportation.
EC-8960. A communication from the Acting Director, National
Marine Fisheries Service, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Caribbean, Gulf of Mexico, and South
Atlantic; Snapper/Grouper Resources of the South Atlantic;
Closure'' (ID No. 092606D) received on November 6, 2006; to
the Committee on Commerce, Science, and Transportation.
EC-8961. A communication from the Acting Director, National
Marine Fisheries Service, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Economic Exclusive Zone Off Alaska; Atka
Mackerel in the Bering Sea and Aleutian Islands Management
Area'' (ID No. 100506C) received on November 6, 2006; to the
Committee on Commerce, Science, and Transportation.
EC-8962. A communication from the Acting Director, National
Marine Fisheries Service, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Economic Exclusive Zone Off Alaska; Trawl
Gear in the Gulf of Alaska'' (ID No. 100606A) received on
November 6, 2006; to the Committee on Commerce, Science, and
Transportation.
EC-8963. A communication from the Acting Director, National
Marine Fisheries Service, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Cod by Non-American Fisheries Act Crab Vessels
Catching Pacific Cod for Processing by the Offshore Component
in the Western Regulatory Area of the Gulf of Alaska'' (ID
No. 101106A) received on November 6, 2006; to the Committee
on Commerce, Science, and Transportation.
EC-8964. A communication from the Assistant Administrator
for Fisheries, National Marine Fisheries Service, Department
of Commerce, transmitting, pursuant to law, the report of a
rule entitled ``Final Rule to Implement Measures Approved in
Framework Adjustment 42 to the Northeast Multispecies Fishery
Management Plan'' (RIN0648-AT24) received on November 6,
2006; to the Committee on Commerce, Science, and
Transportation.
EC-8965. A communication from the White House Liaison,
Economics and Statistics Administration, Department of
Commerce, transmitting, pursuant to law, the report of a
change in previously submitted reported information and
action on a nomination for the position of Under Secretary
for Economic Affairs, received on November 6, 2006; to the
Committee on Commerce, Science, and Transportation.
EC-8966. A communication from the White House Liaison,
Bureau of Industry and Security, Department of Commerce,
transmitting, pursuant to law, the report of a change in
previously submitted reported information and action on a
nomination for the position of Assistant Secretary for Export
Administration, received on November 6, 2006; to the
Committee on Commerce, Science, and Transportation.
EC-8967. A communication from the Administrator, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, a report relative to aviation
operations in the airspace serving Love Field and the Dallas-
Fort Worth area; to the Committee on Commerce, Science, and
Transportation.
EC-8968. A communication from the Acting Assistant
Administrator for Procurement, National Aeronautics and Space
Administration, transmitting, pursuant to law, the report of
a rule entitled ``Small Business Innovation Research and
Small Business Technology Transfer Contractor Recertification
of Program Compliance'' (RIN2700-AD17) received on November
6, 2006; to the Committee on Commerce, Science, and
Transportation.
EC-8969. A communication from the Acting Secretary of
Transportation, transmitting, pursuant to law, a report
relative to the disability-related complaints that U.S. and
foreign passenger air carriers operating to and from the U.S.
received during the 2005 calendar year; to the Committee on
Commerce, Science, and Transportation.
EC-8970. A communication from the Secretary of Energy,
transmitting, pursuant to law, a report entitled ``Annual
Report to Congress on Federal Government Energy Management
and Conservation Programs, Fiscal Year 2005''; to the
Committee on Energy and Natural Resources.
EC-8971. A communication from the Attorney, Office of
Assistant General Counsel for Legislation and Regulatory Law,
Department of Energy, transmitting, pursuant to law, the
report of a rule entitled ``Procedures for the Acquisition of
Petroleum for the Strategic Petroleum Reserve'' (RIN1901-
AB16) received on November 6, 2006; to the Committee on
Energy and Natural Resources.
EC-8972. A communication from the Principal Deputy
Associate Administrator, Office of Policy, Economics and
Innovation, Environmental Protection Agency, transmitting,
pursuant to law, the report of a rule entitled ``Approval and
Promulgation of Air Quality Implementation Plans; Maryland;
Nitrogen Oxides Allowance Allocations for 2008'' (FRL No.
8238-9) received on November 6, 2006; to the Committee on
Environment and Public Works.
EC-8973. A communication from the Principal Deputy
Associate Administrator, Office of Policy, Economics and
Innovation, Environmental Protection Agency, transmitting,
pursuant to law, the report of a rule entitled ``Approval and
Promulgation of Implementation Plans and Designation of Areas
for Air Quality Planning Purposes; North Carolina;
Redesignation of the Rocky Mount 8-Hour Ozone Nonattainment
Area to Attainment'' (FRL No. 8239-5) received on November 6,
2006; to the Committee on Environment and Public Works.
EC-8974. A communication from the Principal Deputy
Associate Administrator, Office of Policy, Economics and
Innovation, Environmental Protection Agency, transmitting,
pursuant to law, the report of a rule entitled ``Approval and
Promulgation of Implementation Plans; Ohio Particulate
Matter'' (FRL No. 8228-2) received on November 6, 2006; to
the Committee on Environment and Public Works.
EC-8975. A communication from the Principal Deputy
Associate Administrator, Office of Policy, Economics and
Innovation, Environmental Protection Agency, transmitting,
pursuant to law, the report of a rule entitled ``Approval and
Promulgation of Implementation Plans; State of Missouri;
Nitrogen Oxides Allowance Allocations for 2008'' (FRL No.
8239-3) received on November 6, 2006; to the Committee on
Environment and Public Works.
EC-8976. A communication from the Principal Deputy
Associate Administrator, Office of Policy, Economics and
Innovation, Environmental Protection Agency, transmitting,
pursuant to law, the report of a rule entitled ``Approval and
Promulgation of Implementation Plans; Louisiana; 2006 Low
Enhanced Vehicle Inspection/Maintenance Program'' (FRL No.
8241-2) received on November 6, 2006; to the Committee on
Environment and Public Works.
EC-8977. A communication from the Principal Deputy
Associate Administrator, Office of Policy, Economics and
Innovation, Environmental Protection Agency, transmitting,
pursuant to law, the report of a rule entitled ``Approval and
Promulgation of Implementation Plans; State of Iowa'' (FRL
No. 8240-6) received on November 6, 2006; to the Committee on
Environment and Public Works.
EC-8978. A communication from the Principal Deputy
Associate Administrator, Office of Policy, Economics and
Innovation, Environmental Protection Agency, transmitting,
pursuant to law, the report of a rule entitled ``Export
Notification; Change to Reporting Requirements'' (FRL No.
8101-3) received on November 6, 2006; to the Committee on
Environment and Public Works.
EC-8979. A communication from the Principal Deputy
Associate Administrator, Office of Policy, Economics and
Innovation, Environmental Protection Agency, transmitting,
pursuant to law, the report of a rule entitled ``Louisiana:
Final Authorization of State Hazardous Waste Management
Program Revision'' (FRL No. 8241-3) received on November 6,
2006; to the Committee on Environment and Public Works.
EC-8980. A communication from the Principal Deputy
Associate Administrator, Office of Policy, Economics and
Innovation, Environmental Protection Agency, transmitting,
pursuant to law, the report of a rule entitled ``Revisions to
the California State Implementation Plan, Lake County Air
Quality Management District, Monterey Bay Unified Air
Pollution Control District, San Joaquin Valley Unified Air
Pollution Control District, and Ventura County Air Pollution
Control District'' (FRL No. 8234-9) received on November 6,
2006; to the Committee on Environment and Public Works.
EC-8981. A communication from the Administrator,
Environmental Protection Agency, transmitting, pursuant to
law, a report entitled ``FY 2005 Superfund Five-Year Review
Report to Congress''; to the Committee on Environment and
Public Works.
EC-8982. A communication from the Assistant Secretary of
the Army (Civil Works),

[[Page 21887]]

transmitting, pursuant to law, a report relative to the
Department's possible need to operate the Mississippi River
headwaters reservoirs; to the Committee on Environment and
Public Works.
EC-8983. A communication from the Secretary of Health and
Human Services, transmitting, pursuant to law, a report
entitled ``Collaborative Demonstration-Based Review of
Physician Practice Expense Geographic Adjustment Data''; to
the Committee on Finance.
EC-8984. A communication from the Acting Social Security
Regulations Officer, Office of Disability and Income Security
Programs, Social Security Administration, transmitting,
pursuant to law, the report of a rule entitled
``Representative Payment Policies and Administrative
Procedure for Imposing Penalties for False or Misleading
Statements or Withholding of Information'' (RIN0960-AG09)
received on November 6, 2006; to the Committee on Finance.
EC-8985. A communication from the Acting Social Security
Regulations Officer, Office of Disability and Income Security
Programs, Social Security Administration, transmitting,
pursuant to law, the report of a rule entitled ``Continuing
Disability Review Failure to Cooperate Process'' (RIN0960-
AG19) received on November 6, 2006; to the Committee on
Finance.
EC-8986. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Guidance Concerning Use of 2001 CSO Tables
Under Section 7702'' (Notice 2006-95) received on November 6,
2006; to the Committee on Finance.
EC-8987. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Taxation and Reporting of Excess Inclusion
Income'' (Notice 2006-97) received on November 6, 2006; to
the Committee on Finance.
EC-8988. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``AJCA Modifications to the Section 6011,
6111, and 6112 Regulations'' (RIN1545-BF98) received on
November 6, 2006; to the Committee on Finance.
EC-8989. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``United States Treaties That Meet the
Requirements of Section 1(h)(11)(C)(i)(II)'' (Notice 2006-
101) received on November 6, 2006; to the Committee on
Finance.
EC-8990. A communication from the Secretary of Health and
Human Services, transmitting, pursuant to law, a report
entitled ``Impact of Increased Financial Assistance to
Medicare Advantage Plans''; to the Committee on Finance.
EC-8991. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Standards for Calculating Energy Savings
for the New Energy Efficient Home Credit'' (Announcement
2006-88) received on November 6, 2006; to the Committee on
Finance.
EC-8992. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Excess Inclusion Income and Charitable
Remainder Trusts'' (Rev. Rul. 2006-58) received on November
6, 2006; to the Committee on Finance.
EC-8993. A communication from the Special Assistant, Office
of Legislative Affairs, Department of State, transmitting,
pursuant to law, a report on the United States Participation
in the United Nations for the year 2005; to the Committee on
Foreign Relations.
EC-8994. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, a report relative to methods
employed by the Government of Cuba to comply with an
agreement it made with the United States; to the Committee on
Foreign Relations.
EC-8995. A communication from the Assistant Legal Adviser
for Treaty Affairs, Department of State, transmitting,
pursuant to law, a report relative to the international
agreements other than treaties that have been entered into in
the past sixty days; to the Committee on Foreign Relations.
EC-8996. A communication from the Secretary of the Senate,
transmitting, pursuant to law, the report of the receipts and
expenditures of the Senate for the period from April 1, 2005
through September 30, 2006; ordered to lie on the table.
EC-8997. A communication from the Administrator, Office of
Foreign Labor Certification, Department of Labor,
transmitting, pursuant to law, the report of a rule entitled
``Labor Condition Applications and Requirements for Employers
Using Nonimmigrants on H1B Visas in Specialty Occupations and
as Fashion Models; Labor Attestations Regarding H-1B1 Visas''
(RIN1205-AB38) received on November 6, 2006; to the Committee
on Health, Education, Labor, and Pensions.
EC-8998. A communication from the Administrator, Office of
Workforce Security, Department of Labor, transmitting,
pursuant to law, the report of a rule entitled ``Federal-
State Unemployment Compensation (UC) Program; Confidentiality
and Disclosure of State UC Information'' (RIN1205-AB18)
received on November 6, 2006; to the Committee on Health,
Education, Labor, and Pensions.
EC-8999. A communication from the Secretary of Health and
Human Services, transmitting, pursuant to law, the 2005
report relative to the Food and Drug Administration's methods
for meeting the necessary conditions specified in the
Prescription Drug User Fee Act of 1992; to the Committee on
Health, Education, Labor, and Pensions.
EC-9000. A communication from the Secretary of Health and
Human Services, transmitting, pursuant to law, an annual
report detailing the means by which the conditions specified
in the Animal Drug User Fee Act of 2003 were met; to the
Committee on Health, Education, Labor, and Pensions.
EC-9001. A communication from the White House Liaison,
Office of Communications and Outreach, Department of
Education, transmitting, pursuant to law, the report of
action on a nomination for the position of Assistant
Secretary for Communications and Outreach, received on
November 6, 2006; to the Committee on Health, Education,
Labor, and Pensions.
EC-9002. A communication from the White House Liaison,
Office of Communications and Outreach, Department of
Education, transmitting, pursuant to law, the report of the
discontinuation of service in the acting role for the
position of Assistant Secretary for Communications and
Outreach, received on November 6, 2006; to the Committee on
Health, Education, Labor, and Pensions.
EC-9003. A communication from the Human Resources
Specialist, Office of the Assistant Secretary for
Administration and Management, Department of Labor,
transmitting, pursuant to law, (2) reports relative to
vacancy announcements in the Department, received on November
6, 2006; to the Committee on Health, Education, Labor, and
Pensions.
EC-9004. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of change in previously submitted
reported information and the designation of an acting officer
for the position of Assistant Secretary for Planning and
Evaluation, received on November 6, 2006; to the Committee on
Health, Education, Labor, and Pensions.
EC-9005. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of change in previously submitted
reported information and discontinuation of service in an
acting role for the position of Assistant Secretary for
Planning and Evaluation, received on November 6, 2006; to the
Committee on Health, Education, Labor, and Pensions.
EC-9006. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of a vacancy and the designation
of an acting officer for the position of Surgeon General,
received on November 6, 2006; to the Committee on Health,
Education, Labor, and Pensions.
EC-9007. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of a vacancy and the designation
of an acting officer for the position of Administrator,
received on November 6, 2006; to the Committee on Health,
Education, Labor, and Pensions.
EC-9008. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of discontinuation of service in
an acting role and action on a nomination for the position of
General Counsel, received on November 6, 2006; to the
Committee on Health, Education, Labor, and Pensions.
EC-9009. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of a vacancy and the designation
of an acting officer for the position of Administrator of the
Centers for Medicare and Medicaid Services, received on
November 6, 2006; to the Committee on Health, Education,
Labor, and Pensions.
EC-9010. A communication from the Director, Regulations
Policy and Management Staff, Department of Health and Human
Services, transmitting, pursuant to law, the report of a rule
entitled ``Recordkeeping Requirements for Human Food and
Cosmetics Manufactured From, Processed With, or Otherwise
Containing, Material from Cattle'' ((RIN 0910-AF48) (Docket
No. 2004N-0257)) received on November 6, 2006; to the
Committee on Health, Education, Labor, and Pensions.

____________________

REPORTS OF COMMITTEES

The following reports of committees were submitted:

By Mr. INHOFE, from the Committee on Environment and Public
Works, with an amendment in the nature of a substitute:

[[Page 21888]]

S. 3591. A bill to improve efficiency in the Federal
Government through the use of high-performance green
buildings, and for other purposes (Rept. No. 109-358).
By Ms. COLLINS, from the Committee on Homeland Security and
Governmental Affairs:
Report to accompany S. 1838, a bill to provide for the
sale, acquisition, conveyance, and exchange of certain real
property in the District of Columbia to facilitate the
utilization, development, and redevelopment of such property,
and for other purposes (Rept. No. 109-359).

____________________

EXECUTIVE REPORT OF COMMITTEE

The following executive report of a nomination was submitted:

By Mr. ENZI for the Committee on Health, Education, Labor,
and Pensions,
*John Peyton, of Florida, to be a Member of the Board of
Trustees of the Harry S Truman Scholarship Foundation for a
term expiring December 10, 2011.

*Nomination was reported with recommendation that it be confirmed
subject to the nominee's commitment to respond to requests to appear
and testify before any duly constituted committee of the Senate.

____________________

INTRODUCTION OF BILLS AND JOINT RESOLUTIONS

The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:

By Ms. COLLINS (for herself, Mr. Feingold, Mr.
Lieberman, Mr. Leahy, Ms. Cantwell, Mr. Coleman, Mr.
Coburn, Mr. Kerry, Mr. Salazar, Mr. Sununu, Mr.
Kennedy, Mrs. Feinstein, Mr. Lautenberg, Mr. Dorgan,
Mr. Wyden, Mr. Biden, Mr. Levin, Mr. Byrd, Mr.
Schumer, Mr. Warner, Ms. Snowe, and Mr. Bennett):
S. 4046. A bill to extend oversight and accountability
related to United States reconstruction funds and efforts in
Iraq by extending the termination date of the Office of the
Special Inspector General for Iraq Reconstruction; to the
Committee on Homeland Security and Governmental Affairs.
By Mr. DeMINT (for himself and Mr. Ensign):
S. 4047. A bill to prohibit the issuance of transportation
security cards to individuals who have been convicted of
certain crimes; read the first time.

____________________

ADDITIONAL COSPONSORS

S. 724

At the request of Mr. Dodd, the name of the Senator from New Jersey
(Mr. Lautenberg) was added as a cosponsor of S. 724, a bill to improve
the No Child Left Behind Act of 2001, and for other purposes.

S. 1002

At the request of Mr. Grassley, the name of the Senator from
Pennsylvania (Mr. Specter) was added as a cosponsor of S. 1002, a bill
to amend title XVIII of the Social Security Act to make improvements in
payments to hospitals under the medicare program, and for other
purposes.

S. 1147

At the request of Mr. Rockefeller, the name of the Senator from
Indiana (Mr. Bayh) was added as a cosponsor of S. 1147, a bill to amend
the Internal Revenue Code of 1986 to provide for the expensing of
broadband Internet access expenditures, and for other purposes.

S. 1353

At the request of Mr. Reid, the names of the Senator from Michigan
(Mr. Levin) and the Senator from Maine (Ms. Collins) were added as
cosponsors of S. 1353, a bill to amend the Public Health Service Act to
provide for the establishment of an Amyotrophic Lateral Sclerosis
Registry.

S. 1915

At the request of Mr. Ensign, the names of the Senator from Hawaii
(Mr. Akaka), the Senator from New York (Mrs. Clinton), the Senator from
Delaware (Mr. Biden) and the Senator from Washington (Mrs. Murray) were
added as cosponsors of S. 1915, a bill to amend the Horse Protection
Act to prohibit the shipping, transporting, moving, delivering,
receiving, possessing, purchasing, selling, or donation of horses and
other equines to be slaughtered for human consumption, and for other
purposes.

S. 2010

At the request of Mr. Hatch, the name of the Senator from Hawaii (Mr.
Inouye) was added as a cosponsor of S. 2010, a bill to amend the Social
Security Act to enhance the Social Security of the Nation by ensuring
adequate public-private infrastructure and to resolve to prevent,
detect, treat, intervene in, and prosecute elder abuse, neglect, and
exploitation, and for other purposes.

S. 2342

At the request of Ms. Stabenow, the name of the Senator from
California (Mrs. Feinstein) was added as a cosponsor of S. 2342, a bill
to amend title XVIII of the Social Security Act to deliver a meaningful
benefit and lower prescription drug prices under the Medicare program.

S. 2487

At the request of Mr. Craig, the name of the Senator from North
Carolina (Mr. Burr) was added as a cosponsor of S. 2487, a bill to
ensure an abundant and affordable supply of highly nutritious fruits,
vegetables, and other specialty crops for American consumers and
international markets by enhancing the competitiveness of United
States-grown specialty crops.

S. 2545

At the request of Mr. Obama, his name was added as a cosponsor of S.
2545, a bill to establish a collaborative program to protect the Great
Lakes, and for other purposes.

S. 2635

At the request of Mr. Wyden, the name of the Senator from New York
(Mr. Schumer) was added as a cosponsor of S. 2635, a bill to amend the
Internal Revenue Code of 1986 to extend the transportation fringe
benefit to bicycle commuters.

S. 2702

At the request of Mr. Johnson, the name of the Senator from Vermont
(Mr. Jeffords) was added as a cosponsor of S. 2702, a bill to require
the Secretary of Defense to carry out a program on the provision of
assistance to certain military families.

S. 3128

At the request of Mr. Burr, the names of the Senator from Mississippi
(Mr. Lott) and the Senator from Kentucky (Mr. Bunning) were added as
cosponsors of S. 3128, a bill to amend the Federal Food, Drug, and
Cosmetic Act to provide for uniform food safety warning notification
requirements, and for other purposes.

S. 3608

At the request of Mr. Allard, the name of the Senator from Colorado
(Mr. Salazar) was added as a cosponsor of S. 3608, a bill to modify the
boundary of Mesa Verde National Park, and for other purposes.

S. 3651

At the request of Mr. Durbin, the names of the Senator from Arkansas
(Mrs. Lincoln) and the Senator from California (Mrs. Boxer) were added
as cosponsors of S. 3651, a bill to reduce child marriage, and for
other purposes.

S. 3705

At the request of Mr. Kennedy, the name of the Senator from Arkansas
(Mrs. Lincoln) was added as a cosponsor of S. 3705, a bill to amend
title XIX of the Social Security Act to improve requirements under the
Medicaid program for items and services furnished in or through an
educational program or setting to children, including children with
developmental, physical, or mental health needs, and for other
purposes.

S. 3768

At the request of Mr. Leahy, the names of the Senator from Wisconsin
(Mr. Feingold), the Senator from Oregon (Mr. Wyden) and the Senator
from Maine (Ms. Collins) were added as cosponsors of S. 3768, a bill to
prohibit the procurement of victim-activated landmines and other
weapons that are designed to be victim-activated.

S. 3771

At the request of Mr. Hatch, the names of the Senator from Minnesota
(Mr. Coleman) and the Senator from Idaho (Mr. Crapo) were added as
cosponsors of S. 3771, a bill to amend the Public Health Service Act to
provide additional authorizations of appropriations for the health
centers program under section 330 of such Act.

[[Page 21889]]

S. 3795

At the request of Mr. Smith, the name of the Senator from Texas (Mr.
Cornyn) was added as a cosponsor of S. 3795, a bill to amend title
XVIII of the Social Security Act to provide for a two-year moratorium
on certain Medicare physician payment reductions for imaging services.

S. 3814

At the request of Mr. Roberts, the name of the Senator from Colorado
(Mr. Salazar) was added as a cosponsor of S. 3814, a bill to amend part
B of title XVIII of the Social Security Act to restore the Medicare
treatment of ownership of oxygen equipment to that in effect before
enactment of the Deficit Reduction Act of 2005.

S. 3910

At the request of Mrs. Clinton, the names of the Senator from
California (Mrs. Boxer), the Senator from Louisiana (Ms. Landrieu), the
Senator from New Jersey (Mr. Lautenberg) and the Senator from Maryland
(Mr. Sarbanes) were added as cosponsors of S. 3910, a bill to direct
the Joint Committee on the Library to accept the donation of a bust
depicting Sojourner Truth and to display the bust in a suitable
location in the Capitol.

S. 3920

At the request of Mr. Hatch, the name of the Senator from Minnesota
(Mr. Coleman) was added as a cosponsor of S. 3920, a bill to amend part
B of title XVIII of the Social Security Act to assure access to durable
medical equipment under the Medicare Program.

S. 3936

At the request of Mr. Frist, the names of the Senator from Utah (Mr.
Bennett) and the Senator from Virginia (Mr. Warner) were added as
cosponsors of S. 3936, a bill to invest in innovation and education to
improve the competitiveness of the United States in the global economy.

S. 3962

At the request of Mr. Domenici, the names of the Senator from
Nebraska (Mr. Hagel) and the Senator from South Carolina (Mr. DeMint)
were added as cosponsors of S. 3962, a bill to enhance the management
and disposal of spent nuclear fuel and high-level radioactive waste, to
assure protection of public health and safety, to ensure the
territorial integrity and security of the repository at Yucca Mountain,
and for other purposes.

S. 3972

At the request of Mr. Grassley, the name of the Senator from
Minnesota (Mr. Coleman) was added as a cosponsor of S. 3972, a bill to
amend title XXI of the Social Security Act to reduce funding shortfalls
for the State Children's Health Insurance Program (SCHIP) for fiscal
year 2007.

S. 3980

At the request of Mr. Dodd, the name of the Senator from Maryland
(Mr. Sarbanes) was added as a cosponsor of S. 3980, a bill to direct
the Secretary of Health and Human Services, in consultation with the
Secretary of Education, to develop a policy for managing the risk of
food allergy and anaphylaxis in schools, to establish school-based food
allergy management grants, and for other purposes.

S. 4014

At the request of Mr. Lugar, the names of the Senator from Ohio (Mr.
Voinovich), the Senator from Ohio (Mr. DeWine), the Senator from
Minnesota (Mr. Coleman), the Senator from Florida (Mr. Martinez), the
Senator from Connecticut (Mr. Dodd), the Senator from New Hampshire
(Mr. Sununu) and the Senator from Nebraska (Mr. Hagel) were added as
cosponsors of S. 4014, a bill to endorse further enlargement of the
North Atlantic Treaty Organization (NATO) and to facilitate the timely
admission of Albania, Croatia, Georgia, and Macedonia to NATO, and for
other purposes.

S. 4015

At the request of Mr. Cornyn, the name of the Senator from Georgia
(Mr. Isakson) was added as a cosponsor of S. 4015, a bill to amend the
Internal Revenue Code of 1986 to increase the amount of gain excluded
from the sale of a principal residence.

S. 4043

At the request of Mrs. Hutchison, the name of the Senator from
Louisiana (Mr. Vitter) was added as a cosponsor of S. 4043, a bill to
amend the Intermodal Surface Transportation Efficiency Act of 1991 to
designate a portion of Interstate Route 14 as a high priority corridor,
and for other purposes.

S. CON. RES. 84

At the request of Mr. Kyl, the name of the Senator from South
Carolina (Mr. DeMint) was added as a cosponsor of S. Con. Res. 84, a
concurrent resolution expressing the sense of Congress regarding a free
trade agreement between the United States and Taiwan.

____________________

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Ms. COLLINS (for herself, Mr. Feingold, Mr. Leiberman, Mr.
Leahy, Ms. Cantwell, Mr. Coleman, Mr. Coburn, Mr. Kerry, Mr.
Salazar, Mr. Sununu, Mr. Kennedy, Mrs. Feinstein, Mr.
Lautenberg, Mr. Dorgan, Mr. Wyden, Mr. Biden, Mr. Levin, Mr.
Byrd, Mr. Schumer, Mr. Warner, Ms. Snowe, and Mr. Bennett):
S. 4046. A bill to extend oversight and accountability related to
United States reconstruction funds and efforts in Iraq by extending the
termination date of the Office of the Special Inspector General for
Iraq Reconstruction; to the Committee on Homeland Security and
Governmental Affairs.
Ms. COLLINS. Mr. President, today Senator Feingold and I are
introducing the Iraq Reconstruction Accountability Act of 2006. This
bipartisan legislation, is co-sponsored by Senators Lieberman, Leahy,
Coleman, Cantwell, Salazar, Kerry and Coburn, has a single purpose: to
ensure continuing, vigorous oversight of American tax dollars in Iraq
by repealing the premature termination date for the Office of the
Special Inspector General for Iraq Reconstruction (SIGIR).
This legislation would restore SIGIR's termination date to its
previous schedule of 10 months after 80 percent of Iraq reconstruction
funds have been expended. It would repeal conference language in the
2007 Defense Authorization Bill that would close SIGIR on October 1,
2007, and transfer oversight to the Inspectors General of the
Departments of State, Defense, and the U.S. Agency for International
Development.
Departmental and agency Inspectors General perform an important
service with dedication and expertise. However, those offices are
configured to provide audits, inspections, and investigations of
continuing government operations. The traditional approach of IG
oversight--extensive inquiries, lengthy preparation and delivery of
reports, recommendations for corrective action--is thorough. But it
also is time-consuming and can allow wasteful or fraudulent practices
to continue for some time.
Iraq reconstruction is a unique situation, with enormous amounts of
money being spent in a relatively short period of time on a specific
range of programs and operations. A number of agencies across the
federal government are active in Iraq reconstruction, including the
Department of Defense, the Department of State, the U.S. Agency for
International Development, the Department of Justice and others.
Reconstruction managers, and ultimately the taxpayers, do not have the
luxury of waiting months to receive recommendations to correct wasteful
or fraudulent practices. Oversight of Iraq reconstruction requires that
the Inspector General be able to cross departmental boundaries and
deliver the results of his work quickly and efficiently.
Effective oversight of Iraq reconstruction requires the unique
approach provided by the SIGIR. Special Inspector General Stuart Bowen
described this approach in testimony before the Homeland Security and
Governmental Affairs Committee in a hearing on August 2. SIGIR's
auditors and inspectors provide on-the-spot guidance to managers as
soon as problems are discovered, so corrective action can begin
immediately. This ``real time'' method allows most of his reports to
document not only how problems were detected, but also how they were
corrected.

[[Page 21890]]

This method works. It should continue as long as American funds are
being used for Iraq reconstruction, not terminate on some arbitrary and
premature date. As of October 30, 2006, SIGIR estimates that the
financial impact of its audit operations is $441 billion, its
investigative operations is $20 million and its inspection operations
is $1.44 billion. It has achieved these results while costing the
taxpayer $72 million. This means that for every dollar SIGIR has spent
there has been a financial impact of $25 dollars, a very impressive
ratio. SIGIR has also opened 256 cases thus far, and has either
referred for prosecution or cleared 164. SIGIR has an impressive
record. The Office has 92 open cases, with 25 of them at the Department
of Justice. SIGIR has issued 73 audit reports and 65 project
assessments. Its work has led to the arrests of five people, and the
convictions of four, with more than $17 million in assets seized.
During the current quarter, SIGIR investigators opened 20 new cases and
closed 10.
There is no question that SIGIR has proven itself to be a much-needed
watchdog, auditing reconstruction contracts in Iraq and spotlighting
numerous cases of waste, fraud and abuse. We must keep this watchdog on
the job.
In addition, SIGIR has taken on a mission that will benefit our
nation long after the Iraq reconstruction efforts conclude. Through its
Lessons Learned Initiative, the experience gained in Iraq--and the
methods developed to track, evaluate, and correct programs--will
provide critical guidance to managers and policymakers in the future.
The efficient and speedy SIGIR approach would have helped the initial
urgent stages of Katrina recovery immeasurably, and it will be
invaluable in the aftermath of new disasters to come.
SIGIR has performed admirably in the most difficult of circumstances.
Mr. Bowen and his exemplary staff have put themselves in harm's way
numerous times. This incredible dedication is reflected in their work,
which provides a high degree of oversight and accountability that is
essential for Iraq reconstruction to succeed, and it is creating a
template for success in the challenges that lie ahead. I urge my
colleagues to support the Iraq Reconstruction Accountability Act. I ask
unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 4046

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Iraq Reconstruction
Accountability Act of 2006''.

SEC. 2. MODIFICATION OF THE TERMINATION DATE FOR THE OFFICE
OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ
RECONSTRUCTION.

Section 3001(o) of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat.
1238; 5 U.S.C. App., note to section 8G of Public Law 95-
452), as amended by section 1054(b) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364), is amended to read as follows:
``(o) Termination.--(1)(A) The Office of the Inspector
General shall terminate 10 months after 80 percent of the
funds appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund have been expended.
``(B) For purposes of calculating the termination of the
Office of the Inspector General under this subsection, any
United States funds appropriated or otherwise made available
for fiscal year 2006 for the reconstruction of Iraq,
irrespective of the designation of such funds, shall be
deemed to be amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund.
``(2) The Special Inspector General for Iraq Reconstruction
shall, prior to the termination of the Office of the Special
Inspector General under paragraph (1), prepare a final
forensic audit report on all funds deemed to be amounts
appropriated or otherwise made available to the Iraq Relief
and Reconstruction Fund.''.

____________________

AMENDMENTS SUBMITTED AND PROPOSED

SA 5122. Mr. STEVENS submitted an amendment intended to be
proposed by him to the bill H.R. 5385, making appropriations
for the military quality of life functions of the Department
of Defense, military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending
September 30, 2007, and for other purposes; which was ordered
to lie on the table.
SA 5123. Ms. COLLINS (for herself, Mr. Feingold, Mr.
Lieberman, Mr. Leahy, Ms. Cantwell, Mr. Coleman, Mr. Coburn,
Mr. Warner, Mr. Kerry, Mr. Salazar, Mr. Sununu, Mr. Kennedy,
Ms. Snowe, Mrs. Feinstein, Mr. Lautenberg, Mr. Dorgan, Mr.
Wyden, Mr. Biden, Mr. Levin, Mr. Byrd, Mr. Schumer, and Mr.
Bennett) submitted an amendment intended to be proposed by
her to the bill H.R. 5385, supra; which was ordered to lie on
the table.
SA 5124. Mr. REID submitted an amendment intended to be
proposed by him to the bill H.R. 5385, supra; which was
ordered to lie on the table.
SA 5125. Mr. REED submitted an amendment intended to be
proposed by him to the bill H.R. 5385, supra; which was
ordered to lie on the table.
SA 5126. Mrs. FEINSTEIN submitted an amendment intended to
be proposed by her to the bill H.R. 5385, supra; which was
ordered to lie on the table.
SA 5127. Mrs. FEINSTEIN submitted an amendment intended to
be proposed by her to the bill H.R. 5385, supra; which was
ordered to lie on the table.
SA 5128. Mrs. HUTCHISON (for Mr. Akaka (for himself and Mr.
Obama)) proposed an amendment to the bill H.R. 5385, supra.
SA 5129. Mr. CRAIG submitted an amendment intended to be
proposed by him to the bill H.R. 5385, supra; which was
ordered to lie on the table.
SA 5130. Mr. THUNE submitted an amendment intended to be
proposed by him to the bill H.R. 5385, supra; which was
ordered to lie on the table.
SA 5131. Mr. THUNE submitted an amendment intended to be
proposed by him to the bill H.R. 5385, supra; which was
ordered to lie on the table.
SA 5132. Mr. THUNE submitted an amendment intended to be
proposed by him to the bill H.R. 5385, supra; which was
ordered to lie on the table.
SA 5133. Mr. FRIST (for Mr. McCain) proposed an amendment
to the bill S. 3501, to amend the Shivwits Band of the Paiute
Indian Tribe of Utah Water Rights Settlement Act to establish
an acquisition fund for the water rights and habitat
acquisition program.
SA 5134. Mr. BAUCUS submitted an amendment intended to be
proposed by him to the bill H.R. 5385, making appropriations
for the military quality of life functions of the Department
of Defense, military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending
September 30, 2007, and for other purposes; which was ordered
to lie on the table.
SA 5135. Mrs. HUTCHISON submitted an amendment intended to
be proposed by her to the bill H.R. 5385, supra; which was
ordered to lie on the table.
SA 5136. Mrs. HUTCHISON submitted an amendment intended to
be proposed by her to the bill H.R. 5385, supra; which was
ordered to lie on the table.

____________________

TEXT OF AMENDMENTS

On page 82, between lines 19 and 20, insert the following:
Sec. 126. (a) Of the amount appropriated or otherwise made
available by this title under the heading ``Family Housing
Operation and Maintenance, Army'', $7,500,000 may be
available for the lease of not more than 300 additional
housing units in the vicinity of Fairbanks, Alaska. Such
funds may not be available for the construction or purchase
of such units.
(b)(1) The total cost of a unit leased under subsection
(a), including the cost of utilities, maintenance, and
operation, may not exceed $25,000 per year.
(2) A lease entered into under subsection (a) may not
exceed 5 years in duration or include an option to extend the
lease beyond the 5-year period beginning on the date the
lease commences.

______

SA 5123. Ms. COLLINS (for herself, Mr. Feingold, Mr. Lieberman, Mr.
Leahy, Ms. Cantwell, Mr. Coleman, Mr. Coburn, Mr. Warner, Mr. Kerry,
Mr. Salazar, Mr. Sununu, Mr. Kennedy, Ms. Snowe, Mrs. Feinstein, Mr.
Lautenberg, Mr. Dorgan, Mr. Wyden, Mr. Biden, Mr. Levin, Mr. Byrd, Mr.
Schumer, and Mr. Bennett) submitted an amendment intended to be
proposed by her to the bill H.R. 5385, making appropriations for the
military quality of

[[Page 21891]]

life functions of the Department of Defense, military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2007, and for other purposes, which was
ordered to lie on the table; as follows:

On page 82, between lines 19 and 20, insert the following:
Sec. 126. Section 3001(o) of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat.
1238; 5 U.S.C. App., note to section 8G of Public Law 95-
452), as amended by section 1054(b) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364), is amended to read as follows:
``(o) Termination.--(1)(A) The Office of the Inspector
General shall terminate 10 months after 80 percent of the
funds appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund have been expended.
``(B) For purposes of calculating the termination of the
Office of the Inspector General under this subsection, any
United States funds appropriated or otherwise made available
for fiscal year 2006 for the reconstruction of Iraq,
irrespective of the designation of such funds, shall be
deemed to be amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund.
``(2) The Special Inspector General for Iraq Reconstruction
shall, prior to the termination of the Office of the Special
Inspector General under paragraph (1), prepare a final
forensic audit report on all funds deemed to be amounts
appropriated or otherwise made available to the Iraq Relief
and Reconstruction Fund.''.

______

SA 5124. Mr. REID submitted an amendment intended to be proposed by
him to the bill H.R. 5385, making appropriations for the military
quality of life functions of the Department of Defense, military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2007, and for other purposes,
which was ordered to lie on the table; as follows:

On page 106, between lines 12 and 13, insert the following:
Sec. 229. (a) Reports on Rulemaking for Procedures to Add
Emblems of Belief to Government-Provided Headstones and
Markers.--As soon as practicable after the date of the
enactment of this Act, and every 90 days thereafter until
such rulemaking is complete, the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of
the Senate and the House of Representatives a report on the
status of the rulemaking of the Secretary to establish
procedures for adding new emblems of belief to the list,
maintained by the National Cemetery Administration, of
emblems of belief that are approved for inscription on
headstones and markers provided by the Government for the
graves of veterans.
(b) Evaluation of Pending Requests for New Emblems of
Belief.--Not later than 30 days after the completion of the
rulemaking described in subsection (a), the Secretary shall
make a final decision on each request for the inclusion on
the list described in that subsection of a new emblem of
belief for headstones and markers for the graves of veterans
that is submitted to the Department of Veterans Affairs
before the completion of such rulemaking but on which no
final decision has been made by the Secretary as of the
completion of such rulemaking.

______

SA 5125. Mr. REED submitted an amendment intended to be proposed by
him to the bill H.R. 5385, making appropriations for the military
quality of life functions of the Department of Defense, military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2007, and for other purposes,
which was ordered to lie on the table; as follows:

On page 82, between lines 19 and 20, insert the following:
Sec. 126. (a) Of the amount appropriated or otherwise made
available by this title under the heading ``Military
Construction, Navy and Marine Corps'', $3,410,000 may be
available for the replacement of a vehicle bridge at Naval
Station, Newport, Rhode Island.
(b) The amount appropriated or otherwise made available by
this title under the heading ``Military Construction, Navy
and Marine Corps'' and available for the Hazardous Material
Storage Facility at Naval Station, Newport, Rhode Island, is
hereby reduced by $3,410,000.

______

SA 5126. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 5385, making appropriations for the
military quality of life functions of the Department of Defense,
military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2007, and for other
purposes, which was ordered to lie on the table; as follows:

On page 82, between lines 19 and 20, insert the following:
Sec. 126. Subsection (c) of section 1077 of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364) is hereby repealed.

______

SA 5127. Mrs. FEINSTEIN submitted an amendment intended to b e
proposed by her to the bill H.R. 5385, making appropriations for the
military quality of life functions of the Department of Defense,
military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2007, and for other
purposes, which was ordered to lie on the table; as follows:

On page 106, between lines 12 and 13, insert the following
new section:
Sec. 229. Not later than 60 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of
Representatives a report on the actions taken by the
Secretary to test veterans for vestibular damage.

______

SA 5128. Mr. AKAKA (for himself and Mr. Obama) proposed an amendment
to the bill H.R. 5385, making appropriations for the military quality
of life functions of the Department of Defense, military construction,
the Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2007, and for other purposes; as follows:

______

SA 5129. Mr. CRAIG submitted an amendment intended to be proposed by
him to the bill H.R. 5385, making appropriations for the military
quality of life functions of the Department of Defense, military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

On page 106, between lines 12 and 13, insert the
following new section:
Sec. 229. (a) Increase in Threshold for Major Medical
Facility Projects.--Section 8104(a)(3)(A) of title 38, United
States Code, is amended by striking ``$7,000,000'' and
inserting ``$10,000,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2006, and shall apply with
respect to fiscal years beginning on or after that date.
______

SA 5130. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill H.R. 5385, making appropriations for the military
quality of life functions of the Department of Defense, military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

On page 106, between lines 12 and 13, insert the
following:
Sec. 229. (a) Colocation of Community Based Outpatient
Clinic With Wagner Indian Health Service Unit, Wagner, South
Dakota.--No amount appropriated or otherwise made available
for the Department of Veterans Affairs by this title may be
obligated or expended to implement a business plan of
Veterans Integrated Service Network 23 (VISN 23) for the
implementation a Community Based Outpatient Clinic (CBOC) in
Wagner, South Dakota, unless such business plan contains an
evaluation and an analysis of the prospect of colocating such
Community Based Outpatient Clinic with the Wagner Indian
Health Service unit in Wagner, South Dakota.
(b) Availability of Amounts for Emergency Room Services
at Wagner Indian Health Service Unit.--Of the amount
appropriated or otherwise made available to the Department of
Veterans Affairs by this title under the heading ``Medical
Facilities'', up to $500,000 may be available for emergency
room services at the Wagner Indian Health Service unit
pending implementation of a business plan meeting the
requirements in subsection (a).

[[Page 21892]]

______

SA 5131. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill H.R. 5385, making appropriations for the military
quality of life functions of the Department of Defense, military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

On page 82, between lines 19 and 20, insert the
following:
Sec. 126. (a) The amount appropriated or otherwise made
available by this title under the heading ``Military
Construction, Air Force'' is hereby increased by $750,000.
(b) Of the amount appropriated or otherwise made
available by this title under the heading ``Military
Construction, Air Force'', as increased by subsection (a),
$750,000 shall be available for the Air Force Financial
Management Center.
(c) The amount appropriated or otherwise made available
by this title under the heading ``North Atlantic Treaty
Organization Security Investment Program'' is hereby reduced
by $750,000.
______

SA 5132. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill H.R. 5385, making appropriations for the military
quality of life functions of the Department of Defense, military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

On page 82, between lines 19 and 20, insert the
following:
Sec. 126. (a) The amount appropriated or otherwise made
available by this title under the heading ``Military
Construction, Air Force'' is hereby increased by $1,500,000.
(b) Of the amount appropriated or otherwise made
available by this title under the heading ``Military
Construction, Air Force'', as increased by subsection (a),
$1,500,000 shall be available for making base security
improvements at Ellsworth Air Force Base, South Dakota.
(c) The amount appropriated or otherwise made available
by this title under the heading ``North Atlantic Treaty
Organization Security Investment Program'' is hereby reduced
by $1,500,000.
______

SA 5133. Mr. FRIST (for Mr. McCain) proposed an amendment to the bill
S. 3501, to amend the Shivwits Band of the Paiute Indian Tribe of Utah
Water Rights Settlement Act to establish an acquisition fund for the
water rights and habitat acquisition program; as follows:

On page 2, strike lines 19 through 22 and insert the
following:
``(2) Transfers to acquisition fund.--There are
transferred to the Acquisition Fund any funds made available,
but not expended, under subsection (f).
______

SA 5134. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 5385, making appropriations for the military
quality of life functions of the Department of Defense, military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

On page 106, between lines 12 and 13, insert the
following:
Sec. 229. Of the amount appropriated by this title under
the heading ``National Cemetery Administration'' up to
$1,000,000 may be available for the construction of the first
phase of the Yellowstone County National Veterans Cemetery,
Montana, for roads, irrigation, and site improvements. The
amount so available shall supplement funds raised by the
local community for purposes of the cemetery.

______

SA 5135. Mrs. HUTCHISON submitted an amendment intended to be
proposed by her to the bill H.R. 5385, making appropriations for the
military quality of life functions of the Department of Defense,
military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2007, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:
Sec. 229. Notwithstanding any other provision of law, the
Secretary is authorized to carry out major medical facility
projects and leases for which any funds have been
appropriated under this Act or any other Act. Further, for
major medical facility projects authorized under Public Law
108-170, the Secretary may carry out contracts through
September 30, 2007, including land purchase on projects for
which Phase I design has been authorized.
______

SA 5136. Mrs. HUTCHISON submitted an amendment intended to be
proposed by her to the bill H.R. 5385, making appropriations for the
military quality of life functions of the Department of Defense,
military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30,2007, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:
``Sec. 126. (a) The amount available for ``Military
Construction, Air Force'' is hereby reduced by $25,400,000
for ``Basic Expeditionary Airmen Training Facility, Lackland
AFB, Texas''.
(b) The amount available for ``Military Construction,
Defense-wide'' is hereby increased by $651,600 for ``Planning
and Design: Special Operations Command''.
(c) The amount available for ``Family Housing Operation and
Maintenance, Navy and Marine Corps'' is hereby increased by
$10,601,000 for ``Leasing''.
(d) The amount available for ``United States Court of
Appeals for Veterans Claims'' is hereby increased by $311,400
for ``Salaries and Expenses''.
Sec. 127. On page 65, line 5, strike ``$72,065,000'' and
insert ``58,229,000''.''

____________________

NOTICE OF HEARING

PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

Mr. COLEMAN. Mr. President, I would like to announce for the
information of the Senate and the public that the Permanent
Subcommittee on Investigations of the Committee on Homeland Security
and Governmental Affairs will hold a hearing entitled ``Failure to
Identify Company Owners Impedes Law Enforcement.''
The Permanent Subcommittee on Investigations' hearing will examine
the issue of States routinely incorporating hundreds of thousands of
new, non-publicly traded companies in the United States each year
without obtaining the identity of the corporate owners, thereby
impeding law enforcement investigations into persons misusing U.S.
shell corporations for money laundering, tax evasion, terrorist
financing, or other crimes, The hearing will feature the April 2006
Government Accountability Office (GAO) report prepared at the
Subcommittee's request, ``Company Formations: Minimal Ownership
Information Is Collected and Available.'' Witnesses for the upcoming
hearing will include representatives of GAO, the Department of Justice,
the Financial Crimes Enforcement Network, and the Internal Revenue
Service, as well as representatives of several states, A final witness
list will be available on Thursday, November 9, 2006.
The Subcommittee hearing is scheduled for Tuesday, November 14, 2006,
at 2:30 p.m. in Room 342 of the Dirksen Senate Office Building. For
further information, please contact Raymond V. Shepherd III or Elise J.
Bean, of the Permanent Subcommittee on Investigations at 224-3721.

Subcommittee on National Parks

Mr. THOMAS. Mr. President, I would like to announce for the
information of the Senate and the public that the Subcommittee on
National Parks hearing for Wednesday, November 15, 2006 at 4 p.m. in
room SD-366 of the Dirksen Senate Office Building in Washington, DC,
has been postponed until further notice.
For further information, please contact Tom Lillie at (202) 224-5161,
David Szymanski at (202) 224-6293, or Sara Zecher 202-224-8276.

PERMANENT SUBCOMMITTEE ON INVESTIGATIONS

[[Page 21893]]

efficiency and substantial cost savings. Instead, DTS has cost more
than was anticipated, is not fully deployed, does not appear to be
widely used and may end up costing more than it has saved. The
Subcommittee's first hearing on DTS on September 29, 2005, established
that DOD proceeded with the implementation of DTS despite warnings from
the DOD Inspector General (IG) and the Secretary of Defense's Program
Analysis and Evaluation section that DTS might not be the most cost
effective solution to DOD's travel needs. Following the hearing, the
Chairman asked the Government Accountability Office (GAO) and the DOD
IG to respectively determine if the projected cost savings were
justified and to perform a cost benefit analysis of DTS. The upcoming
hearing will present the results of those reviews and provide DOD an
opportunity to respond. Witnesses for the upcoming hearing will be
representatives of GAO and DOD.
The Subcommittee hearing is scheduled for Thursday, November 16,
2006, at 10 a.m. in Room 342 of the Dirksen Senate Office Building. For
further information, please contact Raymond V. Shepherd, III, Staff
Director and Chief Counsel to the Permanent Subcommittee on
Investigations, at 224-3721.

____________________

AUTHORITY FOR COMMITTEES TO MEET

committee on homeland security and governmental affairs

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the
Committee on Homeland Security and Governmental Affairs be authorized
to meet on Monday, November 13, 2006, at 2:30 p.m. to consider the
nomination of Susan E. Dudley to be Administrator, Office of
Information and Regulatory Affairs, Office of Management and Budget.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

PRIVILEGES OF THE FLOOR

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that Rose
Fabia, a detailee to the Appropriations Committee from the Department
of Veterans Affairs and a staff member on our committee, be granted
floor privileges for the duration of debate on H.R. 5385.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

MEASURES PLACED ON THE CALENDAR--S. 3994 AND S. 4041

Mr. FRIST. Mr. President, I understand there are two bills at the
desk due for a second reading.
The PRESIDING OFFICER. The clerk will report the bills by title for a
second time.
The legislative clerk read as follows:

A bill (S. 3994) to extend the Iran and Libya Sanctions Act
of 1996.
A bill (S. 4041) to protect children and their parents from
being coerced into administering a controlled substance in
order to attend school, and for other purposes.

Mr. FRIST. Mr. President, in order to place the bills on the calendar
under the provisions of rule XIV, I object to further proceeding en
bloc.
The PRESIDING OFFICER. Objection is heard. The bills will be placed
on the calendar.

____________________

MEASURE READ THE FIRST TIME--S. 4047

Mr. FRIST. Mr. President, I understand there is a bill at the desk,
and I ask for its first reading.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (S. 4047) to prohibit the issuance of transportation
security cards to individuals who have been convicted of
certain crimes.

Mr. FRIST. Mr. President, I now ask for a second reading, and in
order to place the bill on the calendar under the provisions of rule
XIV, I object to my own request.
The PRESIDING OFFICER. Objection is heard.

____________________

PUEBLO OF ISLETA SETTLEMENT AND NATURAL RESOURCES RESTORATION ACT OF
2006

Mr. FRIST. Mr. President, I ask unanimous consent to proceed to the
immediate consideration of H.R. 5842, which is at the desk.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (H.R. 5842) to compromise and settle all claims in
the case of Pueblo of Isleta v. United States, to restore,
improve, and develop the valuable on-reservation land and
natural resources of the Pueblo, and for other purposes.

There being no objection, the Senate proceeded to consider the bill.
Mr. FRIST. Mr. President, I ask unanimous consent that the bill be
read the third time and passed, the motion to reconsider be laid upon
the table with no intervening action or debate, and that any statements
relating to this measure be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 5842) was ordered to a third reading, was read the
third time, and passed.

____________________

TO PROVIDE FOR THE CONVEYANCE OF THE REVERSIONARY INTEREST OF THE
UNITED STATES IN CERTAIN LANDS TO THE CLINT INDEPENDENT SCHOOL
DISTRICT, EL PASO COUNTY, TEXAS

Mr. FRIST. I ask unanimous consent that the Committee on Foreign
Relations be discharged from further consideration of H.R. 860 and the
Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report the bill by title.
The legislative clerk read as follows:

A bill (H.R. 860) to provide for the conveyance of the
reversionary interest of the United States in certain lands
to the Clint Independent School District, El Paso County,
Texas.

There being no objection, the Senate proceeded to consider the bill.
Mr. FRIST. I ask unanimous consent the bill be read a third time and
passed, the motion to reconsider be laid on the table, and any
statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 860) was ordered to a third reading, was read the
third time, and passed.

____________________

AMENDING THE SHIVWITS BAND OF THE PAIUTE INDIAN TRIBE OF UTAH WATER
RIGHTS SETTLEMENT ACT

Mr. FRIST. I ask unanimous consent the Senate proceed to the
immediate consideration of Calendar No. 531, S. 3501.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (S. 3501) to amend the Shivwits Band of the Paiute
Indian Tribe of Utah Water Rights Settlement Act to establish
an acquisition fund for the water rights and habitat
acquisition program.

There being no objection, the Senate proceeded to consider the bill.
Mr. McCAIN. Mr. President, I am pleased that today the Senate has
agreed to pass S. 3501, a bill to amend the Shivwits Band of the Paiute
Indian Tribe of Utah Water Rights Settlement Act to establish an
acquisition fund for the water rights and habitat acquisition program,
with an amendment that I have also offered. This bill amends the
Shivwits Band of Paiute Indian Tribe of Utah Water Rights Settlement
Act, enacted in 2000, which ratified a negotiated settlement of the
Shivwits Band of Paiute Indian Tribe's water entitlement to flow from
the Santa Clara River in UT.
S. 3501 was introduced to address a deficiency in the original
statutory language of the Shivwits Water Rights Settlement Act. Section
10 of that Act authorized a water rights and habitat acquisition
program. Congress appropriated $3 million that was authorized by
Section 10. When the Department of the Interior attempted to implement
the law, the Treasury Department advised that the language in Section
10 was insufficient for this purpose. The Treasury Department and
Department

[[Page 21894]]

of the Interior developed technical correction language to address this
deficiency in the original statutory language. S. 3501 facilitates this
correction in the Shivwits Water Rights Settlement Act.
However, subsequent to approval of this measure by the Indian Affairs
Committee, the Congressional Budget Office determined that the language
developed by Treasury and Interior, as reflected in S. 3501, could be
interpreted to authorize an additional $3 million to the Acquisition
Fund and thereby increase direct spending.
Therefore, I have offered an amendment with the bill in an effort to
avoid any ambiguity in S. 3501 concerning prior appropriations for the
Acquisition Fund. The amendment strikes the potentially ambiguous
language in the bill, and inserts new language, to the affect, that
funds transferred to the Acquisition Fund are funds made available but
not expended. The technical amendment therefore avoids the possibility
of any redundant appropriations, keeping S. 3501 budget neutral, as was
originally intended, and fully implements Section 10 of the Shivwits
Band of Paiute Indian Tribe of Utah Water Settlement Act of 2000.
Mr. FRIST. I ask unanimous consent the amendment at the desk be
agreed to, the bill, as amended, be read a third time and passed, the
motion to reconsider be laid on the table, and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5133) was agreed to, as follows:

(Purpose: To modify a provision relating to transfers to the
Acquisition Fund)

The bill (S. 3501), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:

S. 3501

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. ACQUISITION FUND.

Section 10 of the Shivwits Band of the Paiute Indian Tribe
of Utah Water Rights Settlement Act (Public Law 106-263; 114
Stat. 743) is amended--
(1) in subsection (f), by striking the second sentence; and
(2) by adding at the end the following:
``(g) Acquisition Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund to be known as the `Santa Clara
Water Rights and Habitat Acquisition Fund' (referred to in
this section as the `Acquisition Fund'), consisting of--
``(A) such amounts as are appropriated to the Acquisition
Fund under paragraph (2); and
``(B) any income earned on investment of amounts in the
Acquisition Fund under paragraph (4).
``(2) Transfers to acquisition fund.--There are transferred
to the Acquisition Fund any funds made available, but not
expended, under subsection (f).
``(3) Expenditures from acquisition fund.--On request by
the Secretary, the Secretary of the Treasury shall transfer
from the Acquisition Fund to the Secretary such amounts as
the Secretary determines to be necessary to carry out this
section.
``(4) Investment of amounts.--
``(A) In general.--On request by the Secretary, the
Secretary of the Treasury shall invest such portion of the
Acquisition Fund as is not, in the judgment of the Secretary,
required to meet current withdrawals.
``(B) Obligations.--Investments may be made only in public
debt securities with maturities suitable to the needs of the
Acquisition Fund, as determined by the Secretary, that bear
interest at a rate determined by the Secretary of the
Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of
comparable maturity.
``(C) Acquisition of obligations.--For the purpose of
investments under subparagraph (A), obligations may be
acquired--
``(i) on original issue at the issue price; or
``(ii) by purchase of outstanding obligations at the market
price.
``(D) Sale of obligations.--Any obligation acquired by the
Acquisition Fund may be sold by the Secretary of the Treasury
at the market price.
``(E) Credits to acquisition fund.--The income on, and the
proceeds from the sale or redemption of, any obligations held
in the Acquisition Fund shall be credited to, and form a part
of, the Acquisition Fund.
``(5) Transfers of amounts.--
``(A) In general.--The amounts required to be transferred
to the Acquisition Fund under this subsection shall be
transferred at least monthly from the general fund of the
Treasury to the Acquisition Fund on the basis of estimates
made by the Secretary of the Treasury.
``(B) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
``(6) Management.--The Acquisition Fund (including the
principal of the Acquisition Fund and any interest generated
on that principal) shall be managed in accordance with this
section.''.

____________________

WAIVING APPLICATION OF THE INDIAN SELF-DETERMINATION AND
EDUCATION ASSISTANCE ACT

Mr. FRIST. I ask unanimous consent the Senate proceed to the
immediate consideration of Calendar No. 642, S. 3687.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (S. 3687) to waive application of the Indian Self-
Determination and Education Assistance Act to a specific
parcel of real property transferred by the United States to 2
Indian tribes in the State of Oregon, and for other purposes.

There being no objection, the Senate proceeded to consider the bill.
Mr. FRIST. I ask unanimous consent that the bill be read a third time
and passed, the motion to reconsider be laid on the table with no
intervening action or debate, and any statements be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3687) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:

S. 3687

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. FINDINGS.

With respect to the parcel of real property in Marion
County, Oregon, deeded by the United States to the
Confederated Tribes of Siletz Indians of Oregon and the
Confederated Tribes of the Grand Ronde Community of Oregon by
quitclaim deed dated June 18, 2002, and recorded in the
public records of Marion County on June 19, 2002, Congress
finds that--
(1) the parcel of land described in the quitclaim deed,
comprising approximately 19.86 acres of land originally used
as part of the Chemawa Indian School, was transferred by the
United States in 1973 and 1974 to the State of Oregon for use
for highway and associated road projects;
(2) Interstate Route 5 and the Salem Parkway were
completed, and in 1988 the Oregon Department of
Transportation deeded the remaining acreage of the parcel
back to the United States;
(3) the United States could no longer use the returned
acreage for the administration of Indian affairs, and
determined it would be most appropriate to transfer the
property to the Confederated Tribes of Siletz Indians of
Oregon and the Confederated Tribes of the Grand Ronde
Community of Oregon;
(4) on request of the Confederated Tribes of Siletz Indians
of Oregon and the Confederated Tribes of the Grand Ronde
Community of Oregon, the United States transferred the parcel
jointly to the Tribes for economic development and other
purposes under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.);
(5) the transfer of the parcel was memorialized by the
United States in 2 documents, including--
(A) an agreement titled ``Agreement for Transfer of
Federally Owned Buildings, Improvements, Facilities and/or
Land from the United States of America the [sic] Confederated
Tribes of the Grand Ronde Community of Oregon and the
Confederated Tribes of Siletz Tribe [sic] of Oregon'', dated
June 21, 2001; and
(B) a quitclaim deed dated June 18, 2002, and recorded in
the public records of Marion County, Oregon, on June 19, 2002
(reel 1959, page 84);
(6) use of the parcel by Tribes for economic development
purposes is consistent with the intent and language of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) and other Federal Indian law--
(A) to encourage tribal economic development; and
(B) to promote economic self-sufficiency for Indian tribes;
(7) the United States does not desire the return of the
parcel and does not intend under any circumstances to take
action under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) or any other legal
authority to seek the return of the parcel; and
(8) in reliance on this intent, the Tribes have committed
over $2,500,000 to infrastructure improvements to the parcel,
including

[[Page 21895]]

roads and sewer and water systems, and have approved plans to
further develop the parcel for economic purposes, the
realization of which is dependent on the ability of the
Tribes to secure conventional financing.

SEC. 2. WAIVER OF APPLICATION OF INDIAN SELF-DETERMINATION
AND EDUCATION ASSISTANCE ACT.

(a) Nonapplication of Law.--Notwithstanding any other
provision of law, the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the
transfer of the parcel of real property in Marion County,
Oregon, deeded by the United States to the Confederated
Tribes of Siletz Indians of Oregon and the Confederated
Tribes of the Grand Ronde Community of Oregon by quitclaim
deed dated June 18, 2002, and recorded in the public records
of Marion County on June 19, 2002.
(b) New Deed.--The Secretary of the Interior shall issue a
new deed to the Tribes to the parcel described in subsection
(a) that shall not include--
(1) any restriction on the right to alienate the parcel; or
(2) any reference to any provision of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
(c) Prohibition on Gaming.--Class II gaming and class III
gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701
et seq.) shall not be conducted on the parcel described in
subsection (a).

____________________

REMOVAL OF INJUNCTION OF SECRECY--TREATY DOCUMENT NO. 109-21

Mr. FRIST. As in executive session, I ask unanimous consent that the
injunction of secrecy be removed from the following treaty transmitted
to the Senate on November 13, 2006, by the President of the United
States:
Geneva Act of the Hague Agreement Concerning the International
Registration of Industrial Designs, Treaty Document No. 109-21.
I further ask that the treaty be considered as having been read the
first time; that it be referred, with accompanying papers, to the
Committee on Foreign Relations and ordered to be printed; and that the
President's message be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The message of the President is as follows:

To the Senate of the United States:
With a view to receiving the advice and consent of the Senate to
ratification, I transmit herewith the Geneva Act of the Hague Agreement
Concerning the International Registration of Industrial Designs (the
``Agreement''), adopted in Geneva on July 2, 1999, and signed by the
United States on July 6, 1999. I also transmit, for the information of
the Senate, a report of the Department of State with respect to the
Agreement.
This Agreement promotes the ability of U.S. design owners to protect
their industrial designs by allowing them to obtain multinational
design protection through a single deposit procedure. Under the
Agreement, U.S. design owners would be able to file for design
registration in any number of the Contracting Parties with a single
standardized application in English at either the U.S. Patent and
Trademark Office or at the International Bureau of the World
Intellectual Property Organization (WIPO). Similarly, renewal of a
design registration in each Contracting Party may be made by filing a
single request along with payment of the appropriate fees at the
International Bureau of WIPO. This Agreement should make access to
international protection of industrial designs more readily available
to U.S. businesses.
In the event that the Senate provides its consent to ratify the
Agreement, the United States would not deposit its instrument of
ratification until the necessary implementing legal structure has been
established domestically.
I recommend that the Senate give early and favorable consideration to
this Agreement and give its advice and consent to its ratification,
subject to the declarations described in the accompanying report of the
Department of State.
George W. Bush.
The White House, November 13, 2006.

____________________

ORDERS FOR TUESDAY, NOVEMBER 14, 2006

Mr. FRIST. I ask unanimous consent that when the Senate completes its
business today, it stand in adjournment until 2:15 p.m. on Tuesday,
November 14. I further ask that following the prayer and pledge, the
morning hour be deemed expired, the Journal of proceedings be approved
to date, the time for the two leaders be reserved, and the Senate
resume consideration of H.R. 5385, the Military Construction and
Veterans Affairs appropriations bill.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

PROGRAM

Mr. FRIST. Mr. President, tomorrow we will continue to work on the
bill we began today, the Military Construction and Veterans Affairs
appropriations bill. The bill's managers, Senators Hutchison and
Feinstein, were here today and will be here on the floor tomorrow.
Senators should consult with them at the earliest time possible if they
want to have an amendment considered to this important funding bill.
We do expect to complete this legislation tomorrow afternoon.
Senators are reminded we will be voting tomorrow late afternoon, and we
will alert everyone once a vote is scheduled.
As I mentioned earlier this morning, we plan this week to do a
continuing resolution, to do a Vietnam trade agreement, and to do the
U.S./India nuclear agreement, as well as other appropriations bills as
they come to the floor.

____________________

ADJOURNMENT UNTIL 2:15 P.M. TOMORROW

Mr. FRIST. Mr. President, if there is no further business to come
before the Senate, I ask that the Senate stand in adjournment under the
previous order.
There being no objection, the Senate, at 6:02 p.m., adjourned until
Tuesday, November 14, 2006, at 2:15 p.m.

____________________

NOMINATIONS

Executive nominations received by the Senate November 13, 2006:

DEPARTMENT OF AGRICULTURE

MARK EVERETT KEENUM, OF MISSISSIPPI, TO BE UNDER SECRETARY
OF AGRICULTURE FOR FARM AND FOREIGN AGRICULTURAL SERVICES,
VICE J.B. PENN.

COMMODITY CREDIT CORPORATION

MARK EVERETT KEENUM, OF MISSISSIPPI, TO BE A MEMBER OF THE
BOARD OF DIRECTORS OF THE COMMODITY CREDIT CORPORATION, VICE
J. B. PENN.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

SCOTT A. KELLER, OF FLORIDA, TO BE AN ASSISTANT SECRETARY
OF HOUSING AND URBAN DEVELOPMENT, VICE STEVEN B. NESMITH,
RESIGNED.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

CHARLES E. DORKEY III, OF NEW YORK, TO BE A MEMBER OF THE
ADVISORY BOARD OF THE SAINT LAWRENCE SEAWAY DEVELOPMENT
CORPORATION, VICE JAMES S. SIMPSON.

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY FOUNDATION

DAINE HUMETEWA, OF ARIZONA, TO BE A MEMBER OF THE BOARD OF
TRUSTEES OF THE MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN
NATIONAL ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EXPIRING
AUGUST 25, 2012, VICE RICHARD NARCIA, TERM EXPIRED.

DEPARTMENT OF THE TREASURY

ANTHONY W. RYAN, OF MASSACHUSETTS, TO BE AN ASSISTANT
SECRETARY OF THE TREASURY, VICE TIMOTHY S. BITSBERGER.

SOCIAL SECURITY ADMINISTRATION

ANDREW G. BIGGS, OF NEW YORK, TO BE DEPUTY COMMISSIONER OF
SOCIAL SECURITY FOR THE REMAINDER OF THE TERM EXPIRING
JANUARY 19, 2007, VICE JAMES B. LOCKHART III.
ANDREW G. BIGGS, OF NEW YORK, TO BE DEPUTY COMMISSIONER OF
SOCIAL SECURITY FOR A TERM EXPIRING JANUARY 19, 2013.
(REAPPOINTMENT)

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

KATHERINE ALMQUIST, OF VIRGINIA, TO BE AN ASSISTANT
ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT, VICE LLOYD O. PIERSON, RESIGNED.

DEPARTMENT OF LABOR

LEON R. SEQUEIRA, OF VIRGINIA, TO BE AN ASSISTANT SECRETARY
OF LABOR, VICE VERONICA VARGAS STIDVENT.

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

WILLIAM FRANCIS PRICE, JR., OF CALIFORNIA, TO BE A MEMBER
OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING
SEPTEMBER 3, 2012, VICE EVELYN DEE POTTER ROSE, TERM EXPIRED.
ROBERT BRETLEY LOTT, OF LOUISIANA, TO BE A MEMBER OF THE
NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING SEPTEMBER 3,
2012, VICE TERESA LOZANO LONG, TERM EXPIRED.
CHARLOTTE P. KESSLER, OF OHIO, TO BE A MEMBER OF THE
NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING SEPTEMBER 3,
2012, VICE KATHARINE DEWITT, TERM EXPIRED.
JOAN ISRAELITE, OF MISSOURI, TO BE A MEMBER OF THE NATIONAL
COUNCIL ON THE ARTS FOR A TERM EXPIRING SEPTEMBER 3, 2012,
VICE DON V. COGMAN, TERM EXPIRED.
BENJAMIN DONENBERG, OF CALIFORNIA, TO BE A MEMBER OF THE
NATIONAL COUNCIL ON THE ARTS FOR A

[[Page 21896]]

TERM EXPIRING SEPTEMBER 3, 2012, VICE MARIBETH MCGINLEY, TERM
EXPIRED.
FORESTSTORN HAMILTON, OF NEW YORK, TO BE A MEMBER OF THE
NATIONAL COUNCIL ON THE ARTS FOR A TERM EXPIRING SEPTEMBER 3,
2012, VICE MARY COSTA, TERM EXPIRED.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

RICHARD ALLAN HILL, OF MONTANA, TO BE A MEMBER OF THE BOARD
OF DIRECTORS OF THE CORPORATION FOR NATIONAL AND COMMUNITY
SERVICE FOR A TERM EXPIRING JUNE 10, 2009, VICE JUANITA SIMS
DOTY, TERM EXPIRED.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

TERRY L. CLINE, OF OKLAHOMA, TO BE ADMINISTRATOR OF THE
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION,
DEPARTMENT OF HEALTH AND HUMAN SERVICES, VICE CHARLES CURIE,
RESIGNED.

DEPARTMENT OF HOMELAND SECURITY

PAUL A. SCHNEIDER, OF MARYLAND, TO BE UNDER SECRETARY FOR
MANAGEMENT, DEPARTMENT OF HOMELAND SECURITY, VICE JANET HALE,
RESIGNED.

POSTAL RATE COMMISSION

DAN GREGORY BLAIR, OF THE DISTRICT OF COLUMBIA, TO BE A
COMMISSIONER OF THE POSTAL RATE COMMISSION FOR A TERM
EXPIRING OCTOBER 14, 2012, VICE GEORGE A. OMAS, TERM EXPIRED.

UNITED STATES POSTAL SERVICE

ELLEN C. WILLIAMS, OF KENTUCKY, TO BE A GOVERNOR OF THE
UNITED STATES POSTAL SERVICE FOR A TERM EXPIRING DECEMBER 8,
2016. (REAPPOINTMENT)

FOREIGN SERVICE

THE FOLLOWING-NAMED PERSONS OF THE AGENCIES INDICATED FOR
APPOINTMENT AS FOREIGN SERVICE OFFICERS OF THE CLASSES
STATED.
FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS THREE,
CONSULAR OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE
OF THE UNITED STATES OF AMERICA:

DEPARTMENT OF STATE

LAURIE JEANNE MEININGER, OF CALIFORNIA

FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS FOUR,
CONSULAR OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE
OF THE UNITED STATES OF AMERICA:

DEPARTMENT OF STATE

MARSHALL C. DERKS, OF VIRGINIA

THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN SERVICE TO BE
CONSULAR OFFICERS AND/OR SECRETARIES IN THE DIPLOMATIC
SERVICE OF THE UNITED STATES OF AMERICA, AS INDICATED:
CONSULAR OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE
OF THE UNITED STATES OF AMERICA:

DEPARTMENT OF COMMERCE

HEATHER BYRNES, OF ALASKA

DEPARTMENT OF STATE

PATRICK M. AGENTS, OF VIRGINIA
JAMES D. APPLEGATE, OF MICHIGAN
MAHA ANGELINA ARMUSH, OF TEXAS
CHUKA NNONSO ASIKE, OF MARYLAND
JAYSHREE BALASUBRAMANIAN, OF NORTH CAROLINA
JASON J. BECK, OF UTAH
RICHARD CLEVELAND BLACKWOOD, OF VIRGINIA
PATRICK A. BOGUE, OF VIRGINIA
STEPHANIE ELIZABETH BOSCAINO, OF VIRGINIA
JEFFREY D. BOWAN, OF WASHINGTON
THOMAS SCOTT BROWN, OF WASHINGTON
CHRISTIENNE CARROLL, OF CALIFORNIA
JEFFREY JOHN CARY, OF THE DISTRICT OF COLUMBIA
MICHAEL G. CATHEY, OF CALIFORNIA
JAMES A. CATTO, OF SOUTH CAROLINA
PERRY YANG CHEN, OF VIRGINIA
GABRIELLE ANN COLLINS, OF THE DISTRICT OF COLUMBIA
WILLIAM EVAN COUCH, OF ALABAMA
CORNELIUS C. CREMIN, OF CALIFORNIA
CHRIS CURRAN, OF NORTH CAROLINA
ROBERTO CUSTODIO, OF FLORIDA
T.A. DADISMAN III, OF VIRGINIA
AMY ELIZABETH DAHM, OF TEXAS
GREGORY D'ALESANDRO, OF MARYLAND
MARK S. DAVIES, OF NEW MEXICO
JOYE L. DAVIS-KIRCHNER, OF MISSOURI
ANNE B. DEBEVOISE, OF CALIFORNIA
JAFFAR A. DIAB, OF MASSACHUSETTS
CHRISTOPHER R. DILWORTH, OF VIRGINIA
DIANA P. DRAGON, OF VIRGINIA
THERESA L. DUNN, OF VIRGINIA
JASON D. EVANS, OF HAWAII
DAVID FABRYCKY, OF VIRGINIA
RICHARD P. FELDMAN, OF THE DISTRICT OF COLUMBIA
RICHARD A. FISHER, OF VIRGINIA
KATHLEEN FOX, OF CALIFORNIA
ELAINE C. GLASENAPP, OF VIRGINIA
COREY M. GONZALEZ, OF THE DISTRICT OF COLUMBIA
VERONIKA GRAYLESS, OF VIRGINIA
GEORGE H. GREEN, OF VIRGINIA
PAULA GREENLEE, OF VIRGINIA
GRANT S. GUTHRIE, OF CALIFORNIA
ANDREW S. HAMRICK, OF GEORGIA
CAROLYN F. HANDY, OF VIRGINIA
ALISON C. HANNAH, OF MASSACHUSETTS
ADAM J. HANTMAN, OF MARYLAND
SARA RUTH HARRIGER, OF ALASKA
NATALIE A. HENRY, OF VIRGINIA
RALAN LUCAS HILL, OF CALIFORNIA
ALICE LADENE HOLDER, OF CALIFORNIA
BARBARA A. HOLSTON, OF VIRGINIA
JAMES W HOLTSNIDER, OF COLORADO
AARON D. HONN, OF TEXAS
LUDOVIC HOOD, OF THE DISTRICT OF COLUMBIA
ERIKA LOREL HOSKING, OF VIRGINIA
ELIZABETH J. HOWARD, OF MARYLAND
WILLIAM P. HUMNICKY, OF CALIFORNIA
BRETT T. HUNT, OF ARIZONA
STEPHANIE J. HUTCHISON, OF MASSACHUSETTS
SAMUEL HYON, OF MARYLAND
LARRY M. JACKSON, OF VIRGINIA
JOHN CLARK JACOBS, OF TEXAS
AMANDA SCHRADER JACOBSEN, OF WASHINGTON
CHARLES L. JARRETT III, OF TENNESSEE
KIM H. JORDAN, OF CALIFORNIA
HORMAZD J. KANGA, OF KENTUCKY
AUDRA A. KEAGLE, OF VIRGINIA
TAMMY CRITTENDEN KENYATTA, OF VIRGINIA
AMY D. KUEHL, OF VIRGINIA
D. KRISTIAN KVOLS, OF FLORIDA
DENISE D. LAMOUREUX, OF VIRGINIA
LAWRENCE PAUL LANE, OF CALIFORNIA
LOLA A. LECERF, OF VIRGINIA
IRMA M. LOPEZ, OF VIRGINIA
DIANA LYNCH, OF MARYLAND
FELICIA D. LYNCH, OF FLORIDA
DARRIN WILLIAM STUART MACKINNON, OF VIRGINIA
BRENT AARON MAIER, OF TEXAS
MEREDITH MANERI, OF NEW JERSEY
MIKA MCBRIDE, OF TEXAS
MARGARET M. MCLAUGHLIN, OF THE DISTRICT OF COLUMBIA
MATTHEW C. MCNEIL, OF OHIO
JOEL MENDEZ, OF ALABAMA
JOSHUA J. MILLER, OF VIRGINIA
KAREN N. MIMS, OF PENNSYLVANIA
JUDITH H. MONSON, OF NEW YORK
KELLY E. MURNANE, OF VIRGINIA
ROSHNI MONA NIRODY, OF NEW JERSEY
LESLIE SILVIA NUNEZ, OF FLORIDA
DANIEL ONSTAD, OF THE DISTRICT OF COLUMBIA
JUAN CARLOS OSPINA, OF FLORIDA
RONALD D. OWLES, OF FLORIDA
NICK PARIKH, OF WASHINGTON
REBECCA SUZANNE PHELPS, OF MICHIGAN
LAURA ELOISE PYEATT, OF TENNESSEE
NEVEEN N. RAMIREZ, OF NEW JERSEY
BENJAMIN NELSON REAMES, OF TEXAS
JUSTIN ELBERT REYNOLDS, OF IOWA
DAVID J. ROEHN, OF VIRGINIA
GEORGE G. SARMIENTO, OF TEXAS
JULIA REID SCHIFF, OF OHIO
ASHLEY M. SCHOLL, OF OHIO
MELISSA SCHUBERT, OF MISSOURI
VERA B. SEARLES, OF MARYLAND
ANNIE M. SIMPKINS, OF FLORIDA
ADAM L. SMITH, OF UTAH
HEIDI E. SMITH, OF MICHIGAN
MARC ALAN SNIDER, OF ILLINOIS
PETER RICARDO SOLANO, OF MINNESOTA
ADRIENNE BECK TAYLOR, OF VIRGINIA
ERIC L. THORNTON, OF THE DISTRICT OF COLUMBIA
HUNTER TRESEDER, OF CALIFORNIA
WILLIAM FAY VON ZAGORSKI, OF VIRGINIA
LILLIAN CATHERINE WAHL-TUCO, OF NEW HAMPSHIRE
CHANIN T. WEBB, OF VIRGINIA
WILLIAM STEPHEN WELLS, OF THE DISTRICT OF COLUMBIA
GARY W. WESTFALL, OF FLORIDA
MATTHEW WRIGHT, OF TEXAS
CHADWICK JACKSON WYKLE, OF WEST VIRGINIA
HANSANG YI, OF CALIFORNIA
SOVANDARA YIN, OF OREGON
MADELINA M. YOUNG, OF NEW YORK
MELISSA S. ZADNIK, OF PENNSYLVANIA

IN THE COAST GUARD

THE FOLLOWING NAMED INDIVIDUAL FOR APPOINTMENT AS A
PERMANENT COMMISSIONED REGULAR OFFICER IN THE UNITED STATES
COAST GUARD IN THE GRADE INDICATED UNDER TITLE 14, U.S.C.,
SECTION 211:

To be lieutenant

GREG E. VERSAW, 0000

IN THE ARMY

THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES
OFFICERS FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE
GRADES INDICATED UNDER TITLE 10, U.S.C., SECTION 12203:

To be major general

BRIGADIER GENERAL ROBERT T. BRAY, 0000
BRIGADIER GENERAL RAYMOND W. CARPENTER, 0000
BRIGADIER GENERAL HUNTINGTON B. DOWNER, JR., 0000
BRIGADIER GENERAL JAMES W. NUTTALL, 0000
BRIGADIER GENERAL DARREN G. OWENS, 0000
BRIGADIER GENERAL JAMES I. PYLANT, 0000
BRIGADIER GENERAL STEVEN D. SAUNDERS, 0000
BRIGADIER GENERAL RANDAL E. THOMAS, 0000
BRIGADIER GENERAL PATRICK D. WILSON, 0000

To be brigadier general

COLONEL ROMA J. AMUNDSON, 0000
COLONEL VIRGINIA G. BARHAM, 0000
COLONEL ROLAND L. CANDEE, 0000
COLONEL ALLEN M. HARRELL, 0000
COLONEL JAMES A. HOYER, 0000
COLONEL STEVEN P. HUBER, 0000
COLONEL RONALD W. HUFF, 0000
COLONEL DAVID F. IRWIN, 0000
COLONEL SCOTT W. JOHNSON, 0000
COLONEL THEODORE D. JOHNSON, 0000
COLONEL JEFFERY D. KINARD, 0000
COLONEL SCOTT D. LEGWOLD, 0000
COLONEL WALTER E. LIPPINCOTT, 0000
COLONEL WILLIAM M. MALOAN, 0000
COLONEL RANDALL R. MARCHI, 0000
COLONEL CRUZ M. MEDINA, 0000
COLONEL RICHARD S. MILLER, 0000
COLONEL STUART C. PIKE, 0000
COLONEL DANNY K. SPEIGNER, 0000
COLONEL STANLEY M. STRICKLEN, 0000
COLONEL MARGARET S. WASHBURN, 0000
COLONEL TONY N. WINGO, 0000

IN THE AIR FORCE

THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE INDICATED IN
THE RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION
12203:

To be colonel

JEFFREY C. CARSTENS, 0000
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES AIR FORCE AND FOR REGULAR
APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 624, 1552, AND
531:

To be lieutenant colonel

STEPHEN R. GERINGER, 0000
THE FOLLOWING NAMED OFFICER FOR REGULAR APPOINTMENT IN THE
GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE
10, U.S.C., SECTION 531:

To be major

PAUL M. ROBERTS, 0000

IN THE ARMY

THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED
STATES OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE
RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203
AND 12211:

To be colonel

WILLIE G. BARNES, 0000
THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED
STATES OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE
RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203
AND 12211:

To be colonel

LESLIE N. SWARTZ, 0000
THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED
STATES OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE
RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203
AND 12211:

To be colonel

DANIEL P. MC LEMORE, 0000
THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED
STATES OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE
RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203
AND 12211:

To be colonel

JOSEF R. SMITH, 0000
MICHAEL D. TAYLOR, 0000
THE FOLLOWING NAMED OFFICERS FOR REGULAR APPOINTMENT IN THE
GRADE INDICATED IN THE UNITED STATES ARMY JUDGE ADVOCATE
GENERAL'S CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND
3064:

To be major

ROBERT M. BLACKMON, 0000
BRADLEY M. VOORHEES, 0000
THE FOLLOWING NAMED OFFICERS FOR REGULAR APPOINTMENT IN THE
GRADES INDICATED IN THE REGULAR ARMY MEDICAL CORPS UNDER
TITLE 10, U.S.C., SECTION 531 AND 3064:

To be lieutenant colonel

NICHOLAS C. BAKRIS, 0000

To be major

ANDREW D. MAGNET, 0000
THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO
THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be colonel

DAVID E. GREEN, 0000

To be lieutenant colonel

MICHAEL J. WILSON, 0000

[[Page 21897]]

To be major

MARTIN L. LADWIG, 0000
THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO
THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be lieutenant colonel

MOON H. LEE, 0000

To be major

RAPHAEL SEMIDIE, 0000
PHILLIP C. ZINNI, 0000
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY VETERINARY CORPS UNDER
TITLE 10, U.S.C., SECTIONS 624 AND 3064:

To be colonel

TERRELL W. BLANCHARD, 0000
JAMES W. BOLES, 0000
JAMES M. FUDGE, 0000
KEITH E. STEELE, 0000
DEBBIE J. VASUT, 0000
KEITH R. VESELY, 0000
ROBERT L. VOGELSANG III, 0000
THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY VETERINARY
CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be major

VICTORIA L. SMITH, 0000
THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY NURSE CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be major

IRA S. DERRICK, 0000
THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY NURSE CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be major

JOSEPH W. BROWN, 0000
THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE REGULAR ARMY NURSE CORPS UNDER
TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be major

REBECCA L. BLANKENSHIP, 0000
THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY DENTAL CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be colonel

MARK M. KUBA, 0000
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY DENTAL CORPS UNDER TITLE
10, U.S.C., SECTIONS 624 AND 3064:

To be major

CRAIG H. RHYNE, JR., 0000
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE
INDICATED IN THE UNITED STATES ARMY MEDICAL SPECIALIST CORPS
UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064:

To be colonel

LORRAINE T. BREEN, 0000
ANDREA E. CRUNKHORN, 0000
MICHAEL A. ROBERTSON, 0000
BARBARA A. SPRINGER, 0000
THOMAS G. SUTLIVE, 0000

IN THE NAVY

THE FOLLOWING NAMED OFFICERS FOR REGULAR APPOINTMENT IN THE
GRADES INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10,
U.S.C., SECTION 531:

To be commander

KIMBERLY S. EVANS, 0000

To be lieutenant commander

JOSEPH W. CURTIN, 0000
DARRYL J. FLASPHALER, 0000
STEVEN F. FRILOUX, 0000
JEFFREY J. GUZIAK, 0000
JOHN E. LEE III, 0000
THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE INDICATED IN
THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION 531:

To be lieutenant commander

DAVID J. ALLEN, 0000

[[Page 21898]]

EXTENSIONS OF REMARKS
____________________

TRIBUTE TO THE GARY, INDIANA, BRANCH OF THE NAACP

______

HON. PETER J. VISCLOSKY

of indiana

in the house of representatives

Monday, November 13, 2006

Mr. VISCLOSKY. Mr. Speaker, it is my distinct honor to take this time
to recognize the members of the Gary, Indiana branch of the National
Association for the Advancement of Colored People, NAACP. On Monday,
October 30, 2006, the Gary NAACP held its 90th anniversary dinner,
while also celebrating the 45th Annual Mary White Ovington Freedom Fund
Awards at Saint Timothy Community Church's Fellowship Hall in Gary,
Indiana.
The NAACP was founded on February 12, 1909, with the mission to end
all racial discrimination and to secure the political, economic, and
social rights of all African-Americans. As the Nation's oldest and
largest civil rights organization, the NAACP has worked successfully
with allies of all races who believe in and continue to carry out this
mission still today. The Gary NAACP, the largest branch in the State of
Indiana, was organized by those who felt there was a need for an
organization that would monitor and defend the rights of African-
Americans in northwest Indiana. The members of the Gary NAACP, who so
selflessly serve the community, share the goals of the national
organization. They fight each and every day to combat injustice,
discrimination, and unfair treatment in their community.
This year's fundraiser event and anniversary dinner featured Dan
Parker, Indiana State Democratic Committee chairman; and Murray Clark,
Indiana State Republican Committee chairman, as the evening's keynote
speakers. The theme for this year's event was, ``Remembering the Past.
Preparing for the Future. Voting to make a Difference.'' The featured
speakers addressed the importance of voting while promoting their
respective party members.
This year, several honorees were recognized at the event with a
special awards presentation. Denise Dillard, State Senator Earline
Rogers, the Gary Cultural and Historical Society, Willie Watkins, New
Mount Moriah Baptist Church, First African Methodist Episcopal Church,
Saint Timothy Community Church, the Gary City Clerk's Office, and
Marshanelle Hill were among those being honored with various awards for
their service to the community and to the branch.
In addition, the Mary White Ovington Award, the most distinguished
award of the evening, was presented to Gary residents Jonathan Comer
and Cherrie B. White. This very special award annually recognizes those
making the greatest contributions to sustaining civil rights.
Mr. Speaker, I ask you and my other distinguished colleagues to join
me in commending the members of the Gary NAACP for the efforts,
activities, and leadership they have championed to improve the quality
of life for all residents of Indiana's First Congressional District. I
also ask that you join me in commending the community leaders who,
through their unwavering commitment to their community, are so
deserving of the special honors bestowed upon them.

____________________

TRIBUTE TO RETIRING BARTON COUNTY OFFICIALS

______

HON. IKE SKELTON

of missouri

in the house of representatives

Monday, November 13, 2006

Mr. SKELTON. Mr. Speaker, it has come to my attention that a number
of officials from Barton County, Missouri, are retiring this year after
serving the public for a number of years.
I have had the privilege of representing Barton County in the United
States Congress on two occasions. Barton County lies in the
southwestern part of the Fourth Congressional District. Its county seat
of Lamar is the birthplace of President Harry S Truman, and the people
who live there today personify the same common sense, hard working,
Show-Me State values that made President Truman an outstanding
president and global leader. I am honored to represent these fine
Missourians in the United States Congress and to have had the privilege
to work with many of these outstanding public officials.
Presiding Commissioner Gerald Miller was born in Idaho but moved to
Missouri as a child. He graduated from Lamar High School in 1958 and
has been active in the community since that time. Since 1999, Mr.
Miller has served as Presiding Commissioner and has worked tirelessly
to improve the communities he represents. He is a member of the Lamar
Metro Club, the Abou Ben Adhem Shrine, and the Lamar Masonic Lodge. He
is a successful businessman who is married to Brenda Rinehart and has
two sons, Mark and Matt.
County Clerk Bonda Rawlings is a lifelong resident of Barton County.
She graduated from Lamar High School in 1961 and has dedicated much of
her life to bettering her community. Since 1983, she has served as the
Barton County Clerk and has been a leader in the State Association of
County Clerks, serving as president in 1996. While working full time,
she is also a member of the Barton County Chamber of Commerce, the
Lamar Art League, the Barton County Historical Society, the Truman Area
Transportation System, and the Lamar High School Booster Club. In all
of these organizations, Mrs. Rawlings has held a leadership position.
Bonda is married to Bill Rawlings and has two sons, Stan and Steve.
Circuit Clerk Jerry Moyer has spent his adult life serving Barton
County and is a graduate of Golden City High School. In 1976, he
graduated from the College of the Ozarks with a degree in criminal
justice administration. Mr. Moyer has served as the Clerk of the
Circuit Court in Barton County since 1983 and has been a leader among
his colleagues, serving as president of the Circuit Clerk and Recorders
Association in 1994. Mr. Moyer previously served as Deputy Sheriff, a
police officer, and a Deputy Juvenile Officer. He is active in the
First Assembly of God Church, the Lamar Rotary Club, and the Freedom
Singers gospel choir. Jerry Moyer is married to Jena Moyer and has a
daughter named Tiffany.
Recorder of Deeds Jean Keithly has lived in Barton County all her
life and is a graduate of Lamar High School. From 1984 to 2003, she
served as the Deputy Recorder of Deeds in Barton County. In 2003, she
became the first elected Recorder of Deeds in Barton County since 1935,
when the office had been combined with the Circuit Clerk's office. Mrs.
Keithly has been an active member of the Recorder's Association of
Missouri for 22 years. She is a long-time member of the Hopewell
Cumberland Presbyterian Church and has been an outstanding charitable
volunteer. Mrs. Keithly is married to Bob Keithly and has two children,
Michael and Teresa.
Deputy Assessor Ona Mullinax has lived in Golden City, Missouri, for
the past 41 years and has worked at the Barton County Courthouse since
1983. Throughout her tenure, she has capably worked through many
changes within her office and was especially instrumental in assigning
emergency 911 addresses to rural Barton County homes. In 1998, Mrs.
Mullinax received the Employee of the Year award, which was presented
by the Lamar Rotary Club. She and her husband, Rusty, have a shared
family of seven children and ten grandchildren.
Mr. Speaker, these five individuals represent the outstanding
Missourians who live and work within Missouri's Fourth Congressional
District. As they each prepare to spend time with their families and
enjoy retirement, I know that my colleagues will join me in wishing
them well.

____________________

HONORING MR. TOM BENSON, RECIPIENT OF THE CHARLES E. PIPER AWARD

______

HON. DANIEL LIPINSKI

of illinois

in the house of representatives

Monday, November 13, 2006

Mr. LIPINSKI, Mr. Speaker, I rise today to honor Mr. Tom Benson,
recipient of the 2006 Charles E. Piper Award for exceptional business
achievement. Mr. Benson is currently the owner of the World's Largest
Laundromat in Berwyn, IL and also serves as president of the Berwyn
Development Corporation. His outstanding leadership, receiving both
local and

[[Page 21899]]

national acclamation, has greatly impacted the local community and its
businesses.
Since 1999, Benson has owned the World's Largest Laundromat--a
business that is technologically innovative and community centered.
After a devastating fire in 2004, he rebuilt the facility and powered
it with state-of-the-art solar energy, which significantly saves
financial and energy resources. The World's Largest Laundromat is as an
exceptional model of a cost-effective, energy conserving business--the
best of both worlds.
Tom Benson's resourcefulness and visionary outlook extends to the
social atmosphere of his laundromat as well. Aside from a spacious
interior and 15 flat-screen TVs, the facility offers free wireless
access, free pizza on Wednesday nights, and hosts many special events.
Additionally, the World's Largest Laundromat has a reputation for
promoting community programs that encourage education. One program,
Read to Ride, awards bikes to children who read books during the
summer.
On November 4, 2006, Benson was presented with the Charles E. Piper
Award for his efforts and positive influence on the Berwyn business
community. It is my privilege and pleasure to congratulate Mr. Benson
on this award and acknowledge his contributions to the community. His
unique approach, dedication, and determination serve as an inspiration
to the business community, as well as all citizens.

____________________

PAYING TRIBUTE TO CHARLES WILLIAMSON

______

HON. MAURICE D. HINCHEY

of new york

in the house of representatives

Monday, November 13, 2006

Mr. HINCHEY. Mr. Speaker, I rise today to honor Charles H.K.
Williamson, a long-time educator and winner of the Carnegie
Foundation's 2006 Professor of the Year Award for New York State.
Professor Williamson, during his 16 year tenure in the School of
Mechanical and Aerospace Engineering at Cornell University, has
impacted countless individuals, from undergraduates to Ph.D. candidates
to fellow professors. As a colleague states, ``Professor Williamson is
the most creative and talented educator I have encountered . . . he has
no equal on our faculty in integrating research into teaching and
teaching into research.''
It seems fitting that Professor Williamson began his teaching career
among royalty, tutoring Prince Pavlos of Greece before leaving London
to emigrate to Pasadena, California, and Caltech in 1984. In 1990, he
found himself an assistant professor at Cornell, apprehensively
standing in front of 100 students in a thermodynamics class. ``I
remember coming out of that first class on a high,'' he recalls. ``I
realized that the students really want to learn and are eager to know
that the teacher genuinely wants the same thing.''
From that point on, Professor Williamson has been a trailblazer,
pioneering new approaches to lecturing. His classes are unpredictable
but always educational, using anything from footlong smoke rings to
Beatles albums to jet engines to demonstrate the principles of
thermodynamics and fluid mechanics.
Professor Williamson's unique teaching methods, combined with his
love of the subject, touches students in a way that educators seldom
do. His student evaluation scores are by far the best in his department
and among the highest in the university: His average over 16 years at
Cornell is 4.57 out of 5, an unequaled level of consistency and
excellence.
In addition to being an entertaining lecturer, Professor Williamson
is also a true mentor to students, inspiring and supporting them
throughout their education, even attending student sporting events.
``Without the confidence and skills I learned from Professor
Williamson, I never would have . . . received a doctorate in plasma
physics,'' a former advisee recounts.
Professor Williamson is an inspiration to us all, an individual who
truly makes a difference in the lives of those around him. I am honored
to congratulate him on receiving the Carnegie Foundation's 2006
Professor of the Year Award.

____________________

TRIBUTE TO MR. JOHN SELESKY

______

HON. BART STUPAK

of michigan

in the house of representatives

Monday, November 13, 2006

Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to one of my
constituents who has distinguished himself through service to his
country, his State and his community. Mr. John Selesky has been
selected as ``Ogemaw County Veteran of the Year'' by the Ogemaw County
Veterans Alliance. Mr. Selesky is truly deserving of this unique honor.
Mr. Selesky enlisted in the U.S. Army Air Corps as an Aviation Cadet
in 1942. He was trained in Oxnard, California, and Roswell Army
Airfield. After flight training, Mr. Selesky was commissioned as a 2nd
Lieutenant in the U.S. Army Air Corps.
In 1943, Mr. Selesky left on a night flight at 11 p.m. After takeoff,
Mr. Selesky's plane underwent engine failure causing him to undergo a
forced landing at the end of the runway.
Injured, Mr. Selesky walked back to the runway and then back to the
flight line. The staff in the flight office called the base hospital,
which dispatched an ambulance. Mr. Selesky awoke on an operating table
where surgeons were sewing up cuts on his head and face. Sadly, Mr.
Selesky lost his left eye in the accident.
After being discharged from the Army in 1943, Mr. Selesky returned
home to Grayling, Michigan. A member of the greatest generation, Mr.
Selesky did not take much time to rest after his discharge. Instead, he
almost immediately went back to work in the family store. He also
started a family of his own. Ultimately, Mr. Selesky and his wife,
Virginia, would have five children, John, Jr., Verna, Barbara, Jeffery
and Mike.
After purchasing a small farm, Mr. Selesky went back to serving his
state and his country by joining the Conservation Department as a
Forest Fire Tower Lookout out of the Mio District Office in Mio,
Michigan. In 1957, Mr. Selesky was promoted to Conservation Foreman and
supervised a prison inmate labor crew at the Southern Michigan State
Forest Nursery near Brighton, Michigan.
In 1963, the State of Michigan eliminated the Fire Tower Fire Watch
system and began using aircraft for fire detection. With his military
flying experience and additional flight time he had accrued thanks to
the GI Bill of Rights, Mr. Selesky was promoted to District Pilot at
the Mio District Office. Mr. Selesky piloted one of only four planes
used by the State of Michigan. In 1980, Mr. Selesky retired after 29
years of service as an employee in the State of Michigan having served
as Conservation Foreman and as a pilot.
Mr. Speaker, with our brave men and women deployed abroad, it is more
important than ever that all of us observe Veteran's Day. By honoring
past heroes, we salute those who serve today. With that in mind, I ask
that all of my colleagues join me in saluting Mr. Selesky for his
service and in congratulating him for being awarded Ogemaw County
Veteran of the Year.

____________________

TRIBUTE TO THE ASIAN-AMERICAN MEDICAL ASSOCIATION

______

HON. PETER J. VISCLOSKY

of indiana

in the house of representatives

Monday, November 13, 2006

Mr. VISCLOSKY. Mr. Speaker, it is with sincere admiration that I
recognize the Asian-American Medical Association, which hosted the 30th
Annual Asian-American Charity Ball on Saturday, November 4, 2006, at
the Avalon Manor in Hobart, Indiana. Each year, the Asian-American
Medical Association pays tribute to prominent, outstanding citizens for
their contributions to the community. In recognition of their efforts,
individuals are honored at this annual banquet and are awarded the
prestigious Crystal Globe Award.
The Asian-American Medical Association has always been a great asset
to Northwest Indiana. Its members have selflessly dedicated themselves
to providing quality medical service to the residents of Indiana's
First Congressional District, and they have always demonstrated
exemplary service through their many cultural, scholastic, and
charitable endeavors.
At this year's charity ball, the Asian-American Medical Association
presented Surjit S. Patheja, M.D., with the Crystal Globe Award. Dr.
Patheja was born in Pakistan in 1947 and graduated from Rangoon
University Medical College in 1959. He practiced medicine in Burma for
several years until immigrating to the United States in June 1964.
After practicing medicine in locations such as Connecticut, New York,
and Baltimore, Maryland, Dr. Patheja relocated to Northwest Indiana,
where he has resided for the past 35 years. Although now retired from
his practice, Dr. Patheja, board certified in Radiology and Nuclear
Medicine, has been an invaluable member of the medical community since
his arrival in Northwest Indiana, even serving as President of the
Porter County Medical Society and the Tenth District Medical Society.
Aside from

[[Page 21900]]

the many accolades he has earned in the area of medicine, Dr. Patheja
has also been instrumental in establishing scholarships and endowments
for young adults. As if these accomplishments were not impressive
enough, Dr. Patheja has always remained an active member of the
community, donating his time through membership in several clubs and
associations, including the Valparaiso Rotary Club, the Sikh Religious
Society of Chicago, the Indian Medical Association of Northwest
Indiana, and, of course, the Asian-American Medical Society. He is also
a member of the American College of Radiology and the Radiological
Society of North America.
Although Dr. Patheja has devoted so much of his time to medicine and
to the Northwest Indiana community, he has always made a special point
of sharing as much time as possible with his loving wife of 61 years,
Mindy, and their three children. Aside from spending time with his
family, in his spare time, Dr. Patheja has always enjoyed golfing and
photography.
Mr. Speaker, I ask that you and my other distinguished colleagues
join me in commending the Asian-American Medical Association, as well
as this year's Crystal Globe Award recipient, Surjit S. Patheja, M.D.,
for their outstanding contributions to medicine and to the community.
Their unwavering commitment to improving the quality of life for the
people of Northwest Indiana and throughout the world is truly
inspirational. For these reasons, they are to be praised, and I am
proud to serve as their Representative in Washington, DC.

____________________

IN MEMORY OF MAJOR GENERAL KATHRYN G. FROST

______

HON. IKE SKELTON

of missouri

in the house of representatives

Monday, November 13, 2006

Mr. SKELTON. Mr. Speaker, it is with deep sadness that I inform the
House of the death of Major General Kathryn G. Frost.
General Frost was an inspiration to many people. She was the wife of
The Honorable Martin Frost, she was a sister, an aunt, a friend to the
military, and a hero to many. General Frost consistently urged joint
service officers and enlisted persons to be the very best they can be
and worked hard to transfer her commitment to service to the soldiers
with whom she came in contact.
Her distinguished career spanned three decades, and her duties
included tours as Chief, Military Personnel Office/Deputy Adjutant
General, Berlin Brigade/United States Army, Berlin, Germany; Commander,
Eastern Sector, United States Military Entrance Processing Command,
Great Lakes, Illinois; Adjutant General/Commanding General, Physical
Disability Agency/Executive Director of Military Postal Service Agency,
Alexandria, Virginia; and Deputy Legislative Assistant to the Chairman
of the Joint Chiefs of Staff, Washington, DC.
General Frost's awards and decorations include the Distinguished
Service Medal with Oak Leaf Clusters, Defense Superior Service Medal,
Legion of Merit, Defense Meritorious Service Medal, Meritorious Service
Medal with 6 Oak Leaf Clusters, Army Commendation Medal, and Joint
Chiefs of Staff Identification Badge. She also was named one of USC's
Distinguished Alumni in 2002.
Mr. Speaker, Major General Kathy Frost was a respected leader who
will be greatly missed by her family, her friends, and her colleagues.
She and her husband were dear friends of mine and I know the members of
the House will join me in extending heartfelt condolences to Major
General Kathy Frost's family.

____________________

HONORING THE 60TH ANNIVERSARY OF THE JOHNSON-PHELPS ALL AMERICAN VFW
POST #5220

______

HON. DANIEL LIPINSKI

of illinois

in the house of representatives

Monday, November 13, 2006

Mr. LIPINSKI. Mr. Speaker, I rise today to honor the 60th anniversary
of the Johnson-Phelps All American VFW Post #5220 in Oak Lawn, IL.
Since its establishment, Post #5220 has enriched the lives of its
members and faithfully served the community. Today, Post #5220, under
the guidance of Commander Joseph Stachon, has over 600 members and is
one of the most active VFW Posts in the Chicagoland area.
Area veterans, returning from the Second World War, formed the
Johnson-Phelps VFW Post between 1944 and 1945 and received a formal
charter in 1946. Initially, members gathered at the Oak Lawn Public
Library and later held functions at Brandt's Dug-Out. In 1951, the Post
moved into its current location at 52nd and Yourell Drive.
Throughout its history, Post #5220 has successfully brought veterans
of all ages and backgrounds together. Members of the Post and its
Ladies Auxiliary have a strong reputation for participating in
community service events, performing volunteer work at hospitals, and
spearheading donation drives and fundraisers for charity. Through the
work of its members, the Post continues to make a difference in the
lives of countless individuals and has a tremendous impact on the
surrounding community.
It is my great honor to recognize the 60th anniversary of the
Johnson-Phelps All American VFW Post #5220 and commend the outstanding
work of its members. As we celebrate the members' accomplishments
today, we also thank them for their dedicated service in defending
everything that our great Nation represents. Our society is forever
indebted to our Nation's veterans for their unyielding bravery,
courage, and perseverance.

____________________

TRIBUTE TO ARCH T. DOTSON

______

HON. MAURICE D. HINCHEY

of new york

in the house of representatives

Monday, November 13, 2006

Mr. HINCHEY. Mr. Speaker, I rise today to honor the life and memory
of an inspiring man and longtime constituent, Professor Arch T. Dotson,
who passed away last April at the age of 85. Over the course of his
remarkable life, Prof. Dotson (``Arch'') served as teacher, friend, and
mentor to all who knew him.
Professor Dotson truly is an exemplar of the American success story.
Born the second of three sons to tenant farmers in Kentucky, he
graduated from Transylvania University in 1941 and joined the U.S. Air
Force as a test pilot throughout World War II. In September of 1945, he
decided to go to Harvard University for graduate school. He would
recount the story of his experience with the associate dean: ``She
looked at my transcript and she looked at me in my full officer's
uniform and finally said, `Harvard can afford to take a few chances.'''
Five years later, Arch left Harvard Square with a Ph.D. in government.
His career at Cornell University spanned 50 years, during which he
had an immeasurable impact on the campus and its students. In 1969, 18
years after arriving in Ithaca, Prof. Dotson was named Chair of the
Department of Government. In 1979 he became founding Director of the
Cornell in Washington program, and in 1984 undertook the same role for
Cornell Abroad. From 1991 to 1996 he served as Director of the Cornell
Institute for Public Affairs. During this time, he also consulted
internationally, helping India with regional development, assisting
with the opening of a College of Public Administration in the
Philippines, and working for the United Nations.
Professor Dotson had a tremendous impact on all whose lives he
touched. The Cornell in Washington and Cornell Abroad programs are now
cornerstones of the Cornell experience, with over 1,000 students
participating in them each year. A former student says, ``He deeply
loved all of his students . . . he encouraged us to recognize within
ourselves the ability to succeed even if the odds seemed stacked
against us.'' Dedicated to public service, Arch truly believed that
everyone, no matter their roots or circumstances, could make an impact
on the world they lived in.
Professor Dotson serves as a model for what we all may aspire to
become. I am honored to pay tribute to him today, and send my thoughts
and prayers to the family and friends of this inspiring figure.

____________________

TRIBUTE TO SAYKLLY'S CONFECTIONARY AND GIFTS

______

HON. BART STUPAK

of michigan

in the house of representatives

Monday, November 13, 2006

Mr. STUPAK. Mr. Speaker, I rise today to pay tribute to a business
and a family in my district that, in many ways, exemplify the American
dream. The Sayklly's family business has been in the same family for
100 years. Through hard work, perseverance and an admirable
entrepreneurial spirit, the family has built an Upper Peninsula
institution.
In 1906, a young Lebanese immigrant named Joseph Sayklly opened his
own shop in Escanaba, Michigan. The shop, ``Sayklly's,'' carried
groceries and homemade candy and ice cream. Eventually, that little
store would

[[Page 21901]]

blossom into a thriving landmark, recognized throughout the Escanaba
area. In 1916, Joseph married his wife, Mary, who was also a Lebanese
immigrant. Together, Joseph and Mary would have nine children--
Josephine, Marge, Angeline, Louise, Elizabeth, Marie, Martha Jean, Fred
and Edward. All of the children helped in the business and all of them
lived in a small apartment above the store.
Over the years, Sayklly's grew in popularity. Local residents in
Escanaba would stop by the store to take home a bag of Sayklly's famous
candy or linger at the soda fountain to savor treats made with hand-
cranked ice cream. In the early days of Sayklly's, some of the most
popular products sold were peanut brittle, hand-pulled taffy, hand-
dipped chocolates, peanut clusters and fudge. Many of these same
delights are sold today.
When Joseph Sayklly passed away in 1943, Mary maintained the business
with the help of her children and Mary's sister Martha Jean. In 1959,
Fred moved the candy-making part of the business to Third Avenue North
from its original Ludington Street location. Fred also separated the
store Sayklly's from the candy production facility.
Shortly thereafter, Marge and Josephine began operating the store,
then known as ``Sayklly's Confectionary and Gift.'' Around 1960,
Sayklly's stopped selling groceries and concentrated on selling the
candies and gift items for which the store has since become so famous.
In 1983 Debbie and Jim Kirby purchased Sayklly's Confectionary and
Gifts from Josephine and Marge. Debbie was the granddaughter of Joseph,
the original founder of the business. Operating Sayklly's was a
homecoming for Debbie who began working in the store at age 12 when her
aunts, Marge and Josephine were the proprietors. Today, Debbie fondly
recalls how her Aunt Marge instilled into her a sense of customer
service, always reminding Debbie to put a smile on her face for
customers by saying, ``Smile, God loves you.''
Today, Sayklly's remains in the same family that started it 100 years
ago. Since the enterprising Joseph Sayklly opened the store in 1906, it
has been a mainstay in downtown Escanaba. The store continues to be an
institution for everyone who lives in Escanaba and throughout the Upper
Peninsula. Locals and visitors alike delight in Sayklly's famous
chocolates.
Sayklly's has grown over the years. The business now employs 28
people year round and that number increases when extra help is needed
during busy sale times such as Christmas, Valentine's Day and Easter.
In addition to renovating the store on Ludington Street in Escanaba,
the Kirbys have opened Sayklly's outlets in the Delta Plaza Mall in
Escanaba as well as the Westwood Mall in Marquette, Michigan.
However, just as the business has grown over the years, the owners
have never forgotten their commitment to quality. Sayklly's uses only
premium ingredients, still heats candy in big copper kettles and hand-
dips all of its chocolates.
Sayklly's remains an anchor of the Escanaba community. As Debbie
Kirby notes, what she enjoys most about owning and operating Sayklly's
are her customers. Generations of families have gathered at Sayklly's
to buy treats, visit with their neighbors or simply see a friendly
Sayklly face.
Mr. Speaker, I am proud to admit that I too have been bitten by the
Sayklly chocolate bug. Over my 14 years in Congress, I have handed out
hundreds of Sayklly chocolate bars, known as ``Yooper Bars'' to people
in Washington, DC. A ``Yooper Bar'' is a chocolate bar in the shape of
Michigan's Upper Peninsula. Everyone from Members of Congress to
President Clinton to troops recovering in Walter Reed Hospital from
wounds incurred in Iraq have enjoyed a delicious Yooper Bar from
Sayklly's.
Mr. Speaker, we all know how challenging it can be for a family to
build a small business. Growing a successful business, while also
keeping it in the same family for over 100 years, is truly an
impressive accomplishment. I ask that the entire U.S. House of
Representatives join with the people of Escanaba to observe Sayklly's
centennial celebration. Please join me in saluting the Kirbys and all
the generations of the Sayklly family who have made ``Sayklly's'' into
a special place that is enjoyed by so many of my constituents.

____________________

TRIBUTE TO HOLY TRINITY HUNGARIAN CHURCH

______

HON. PETER J. VISCLOSKY

of indiana

in the house of representatives

Monday, November 13, 2006

Mr. VISCLOSKY. Mr. Speaker, it is with great honor and enthusiasm
that I recognize the Holy Trinity Hungarian Church in East Chicago,
Indiana, as its members celebrate the church's 100th anniversary. The
festivities began on Sunday, October 22, 2006, with Holy Mass, and were
followed by a jubilee dinner at Casa Maria Banquet Hall in Dyer,
Indiana, to celebrate this exceptional milestone.
Around the turn of the 20th century, the Hungarian neighborhood in
East Chicago, Indiana, was centered around family, religion, and a
yearning for a church of their own. On July 4, 1904, a group met in the
home of Stephen Farkas on Alexander Avenue to share ideas for beginning
what is now the Holy Trinity Hungarian Church. On November 11, 1906,
the cornerstone was laid for the first church building, which was
followed by its dedication on the feast of the Holy Trinity in 1907. On
Christmas Eve 1907, the first resident pastor arrived, Father Oscar
Szilagyi. Though his tenure was short-lived due to the regulations of
the Religious Order, Father Szilagyi has the distinction of performing
Holy Trinity's first marriage, baptism, and funeral. Though this
church, as well as Holy Trinity's second church building, was
eventually destroyed by fire, the parishioners and their spiritual
leaders forged on. Through their faith, hard work, and dedication, the
cornerstone of the third and present church was laid on May 30, 1920,
and dedicated on May 22, 1921. Following the rebuilding of the church,
Holy Trinity went on to open a school in 1922, and by 1927, Holy
Trinity, continuing to expand, saw the development of several
organizations, including: Holy Rosary Circle, Altar Society, Holy Name
Society, Knights of Holy Trinity, Children of Mary, and Young Ladies
Sodality.
The parishioners at Holy Trinity continued to share their faith in
communion with one another, surely not without their share of continued
struggles. In February 1957, the newly formed Diocese of Gary was
established, and Holy Trinity joined the neighboring Catholic parishes
in welcoming the Most Reverend Andrew G. Grutka as its first Bishop.
Throughout the years, Holy Trinity and its leaders have achieved many
milestones and accolades. None, however, was seen as more prestigious
than that which occurred on July 10, 2004, when Holy Trinity was
honored with a visit from Peter Cardinal Erdo, Primate of Hungary.
Another outstanding milestone in the parish's history took place on
May 1, 2005, when the present pastor, Father Alphonse Skerl, celebrated
his 50th anniversary of ordination to the priesthood. Through all of
the support, generosity, and leadership of Father Skerl for nearly 35
years, along with the dedication of the parish council, staff,
parishioners, and organizations, Holy Trinity has reached their most
momentous celebration with the 100th anniversary.
Holy Trinity Hungarian Church has been a mainstay in the city of East
Chicago and is worthy of this recognition as it celebrated its 100th
anniversary on Sunday, October 22, 2006. The church offers an
invaluable service to its parishioners and community, providing
numerous opportunities for all to join together to experience its rich
heritage.
Mr. Speaker, I ask that you and my other distinguished colleagues
join me in honoring and congratulating Holy Trinity Hungarian Church on
their 100th anniversary. Throughout the years, the clergy and members
of Holy Trinity have dedicated themselves to providing spirituality and
guidance through the protection of the Hungarian traditions and faith.
Their constant dedication and commitment is worthy of our admiration.

____________________

TRIBUTE TO LaVEDA CROSS

______

HON. IKE SKELTON

of missouri

in the house of representatives

Monday, November 13, 2006

Mr. SKELTON. Mr. Speaker, it has come to my attention that a longtime
community leader in Lexington, MO, has been recognized for her
commitment to the Daughters of the American Revolution. LaVeda Cross
has been a member of this distinguished organization for twenty-eight
years and recently served as Regent of the Lafayette-Lexington Chapter
for the past eight years.
Under the leadership of LaVeda Cross, the Lafayette-Lexington Chapter
more than doubled its membership while at the same time promoting the
City of Lexington and its local businesses. Notably, she traveled the
state raising funds for the restoration of the Madonna of the Trail
monument in Lexington.
LaVeda Cross not only was active in her local chapter, she also has
held many leadership positions with the state chapter of the Daughters
of the American Revolution. She has served as the Missouri State
Corresponding Secretary, Missouri State Registrar, and Chairman of the
Missouri Madonna

[[Page 21902]]

of the Trail Monument. Her leadership continued at the national level
where she served as the National Vice Chairman of the Flag of the
United States of America.
As a member of the Daughters of the American Revolution, Ms. Cross
devoted much of her time to traveling. She has represented the
Lafayette-Lexington chapter at district meetings, fall forums, at the
Missouri State Conference, and at the National Continental Congress.
Mr. Speaker, I want to thank LaVeda Cross for her leadership to the
community of Lexington, MO, to the State of Missouri, and to her
country. I know the members of the House will join me in wishing her
well.

____________________

CONGRATULATING COACH CHRISTOPHER DONFIELD ON HIS RETIREMENT

______

HON. STEVEN R. ROTHMAN

of new jersey

in the house of representatives

Monday, November 13, 2006

Mr. ROTHMAN. Mr. Speaker, I rise to recognize Mr. Christopher J.
Donfield, a resident of Washington Township, New Jersey, for his
devoted service to Bergen Catholic High School as an English teacher,
guidance counselor, and basketball coach for 46 years.
Christopher Donfield grew up in Teaneck, New Jersey and earned a full
academic scholarship to attend Fordham Prep in the Bronx. He continued
on to Fordham University, where he majored in both English and
Accounting. Shortly after graduating, Chris sought a teaching position
at Bergen Catholic High School, where he quickly became a favorite of
both students and colleagues alike. He also became coach to the high
school basketball team. During his 40 year tenure as the Varsity Head
Coach of the boys' basketball team, the Crusaders, Chris led the team
to an astounding 648 wins in his 878 game career. This includes a
streak of 31 straight winning seasons that began in the 1968-69 season.
In addition to his accomplishments as a Varsity Coach, Chris led his
team in an unprecedented achievement of 30 straight Bergen County
Jamboree appearances, as well as qualifying for the State Tournament 33
times in 34 seasons and winning the Sectional Crown 7 times.
The most significant accomplishment of Chris's career, however, is
the impact he had on the thousands of students that he has taught and
coached over the years. Chris put his heart and soul into everything he
did while he was at Bergen Catholic High School and it shows in the
heartfelt respect and admiration the student body and the entire Bergen
Catholic community have bestowed upon him.
Today, I would like to recognize Christopher Donfield's dedication to
the Bergen Catholic High School community and congratulate him on his
impressive coaching achievements. I send him my best wishes on his
retirement.

____________________

TRIBUTE TO STAFF SERGEANT JONATHAN ROJAS

______

HON. PETER J. VISCLOSKY

of indiana

in the house of representatives

Monday, November 13, 2006

Mr. VISCLOSKY. Mr. Speaker, it is with great respect and deep sadness
that I wish to commend United States Army Staff Sergeant Jonathan Rojas
for his bravery in the field of battle and his willingness to fight for
his country. Staff Sergeant Rojas was killed in action when his vehicle
came under attack by small arms fire near Baghdad, Iraq on October 3,
2006. His sacrifice will be remembered by a community that has been
struck hard by the devastating loss of one of its own.
Born in Mexico City, Mexico, Jonathan Rojas moved to Hammond, Indiana
in 1990 to be with his family. Following his graduation from Hammond
High School in 1997, he attended college for a year and eventually went
on to work for several years at a local glass company, prior to joining
the Army in 1999.
Jonathan's friends and family recall him as always being playful, the
type to never refrain from cracking a joke. They also remember him as a
good kid who was never in trouble and loved to spend time with his
family. Jonathan was an avid sports enthusiast who participated in
soccer and baseball while in school, and as with so many of his
generation, he was a true video game aficionado.
Staff Sergeant Rojas leaves behind a loving family that misses him
very much. He is survived by his devoted wife, Tasha (Sullivan) Rojas.
The couple would have celebrated their fourth wedding anniversary on
October 25, 2006, and planned to start a family upon Jonathan's return
to civilian life. Jonathan also leaves to cherish his memory his
adoring parents, Jose and Catalina Rojas, his brother, William (Norma)
Rojas, his sister, Isaura Rojas, and his nephew, William Rojas, Jr., as
well as his treasured companions, Diamond, Tyson, and Joker. Staff
Sergeant Jonathan Rojas also will be greatly missed by a saddened but
proud community and a grateful nation.
Mr. Speaker, at this time, I ask that you and my other distinguished
colleagues join me in honoring a fallen hero, United States Army Staff
Sergeant Jonathan Rojas. Staff Sergeant Rojas is the sixteenth service
member from northwest Indiana to sacrifice his life during Operation
Iraqi Freedom, and his passing comes as a setback to a community
already shaken by the realities of war. Staff Sergeant Rojas will
forever remain a hero in the eyes of his family, his community, and his
country. Thus, let us never forget the sacrifice he made to preserve
the ideals of freedom and democracy.

____________________

IN HONOR OF MARLAND ``MARLEY'' LYLE HOLTE

______

HON. SAM FARR

of california

in the house of representatives

Monday, November 13, 2006

Mr. FARR. Mr. Speaker, I rise today to honor the achievements of my
good friend Marland ``Marley'' Lyle Holte, who was admired by many for
his commitment to better the lives of the residents of San Benito
County. Marley passed away Saturday, September 16, 2006 at the age of
80, but left a long history of community service. Holte moved to
Hollister in 1966 where he was a teacher at R.O. Hardin School for
several years before becoming its principal. He served in that
position, and later at Rancho San Justo School, for a total of 18
years. Although he retired from teaching in 1987, he never really
retired. He started a new vocation in the real estate business and in
1994 opened Crown Realty. That same year, he won election as mayor of
the City of San Juan Bautista.
Marley was a familiar face in the community for decades, thanks to
his efforts on behalf of the local youth, minorities and particularly
the homeless. Friends remember him as a modest person who was reluctant
to take credit for his good deeds. Marley served as President of the
San Benito County Little League; Commissioner of Hollister's Parks and
Recreation Commission; Director of the San Juan Bautista Chamber of
Commerce; Member of the San Juan Bautista Planning Commission;
President of 33rd District Agricultural Fair Board; and Chairman of the
San Juan Bautista Rotary Club.
Marley founded the Community Assistance Program and provided free
dinners on Thanksgiving and Christmas. He started the Christmas dinner
tradition about 20 years ago after he and his wife decided to combine
their money and feed the needy instead of buying gifts for each other.
Several years later they started organizing Thanksgiving dinners as
well. The Holiday Dinners began in 1985 and have continued ever since.
The annual dinners, which have more than doubled in size since their
inception, are funded entirely by donations from area businesses and
residents. Holte said the success of the dinners is the result of
widespread community support.
Marley was well-liked by many for his ability to build consensus and
transcend political, cultural and personal borders. He earned the
admiration of the Latino community for his good deeds and was elected
President of the San Benito County League of United Latin American
Citizens, where he served in that position for 5 terms. Many in the
Latino community referred to Marley as the ``Norwegian-Latino'' because
of his love of the culture, music and most of all, its people. In
addition to serving on nearly every local community organization, Holte
had piled up an astounding collection of accolades, including ``Realtor
of Year'' in 1993 and the LULAC ``Outstanding Man of the Year'' Award
in 1996.
Mr. Speaker, I would like to take this opportunity to acknowledge all
the wonderful things that my good friend Marley gave to all of us. He
will be missed by many including his son, Dan. His departure fills us
with sadness but his outstanding work is an example to the generations
that come.

[[Page 21903]]

____________________

RECOGNIZING NEW AMERICA MEDIA'S FIRST NATIONAL ETHNIC MEDIA AWARDS

______

HON. MICHAEL M. HONDA

of california

in the house of representatives

Monday, November 13, 2006

Mr. HONDA. Mr. Speaker, I rise today to recognize New America Media
(NAM) and The First National Ethnic Media Awards. From its inception,
NAM has worked to create a more inclusive public forum and to bring
visibility and economic viability to ethnic media, a critical sector of
American journalism that covers and serves our country's growing ethnic
and immigrant communities that are often marginalized by barriers of
culture and language.
NAM has continued to build the profile of ethnic media by developing
first a California and now a national awards program to recognize
journalists working in the ethnic media and covering stories critical
to their communities.
NAM conducted a nationwide poll of ethnic communities in multiple
languages that found 52 million adult Americans access ethnic media
regularly; ethnic media represent the forefront of civic and
independent journalism; it is where ethnic and immigrant Americans turn
to find information about their communities, their states, their
government, their healthcare, education for their children, their civil
rights as citizens in our society--yet ethnic media has received only
marginal recognition from the public and private sector.
NAM's work to highlight the important role that ethnic media plays is
commendable. NAM's work to create bridges between ethnic media and the
mainstream as well as cross-cultural understanding between ethnic
communities is praiseworthy. NAM's commitment to honoring the ethnic
media through an increasingly prestigious Awards Program is admirable.
Mr. Speaker, I commend New America Media and the First National
Ethnic Media Awards for its courageous goal to create a more equitable
and integrated American society.

____________________

HONORING MR. JOHN STENCEL, PRESIDENT OF THE ROCKY MOUNTAIN FARMERS
UNION

______

HON. MARK UDALL

of colorado

in the house of representatives

Monday, November 13, 2006

Mr. UDALL of Colorado. Mr. Speaker, I rise today to honor Mr. John
Stencel, a tireless ally of rural America and the hardworking farmers
and ranchers that call it home.
Mr. Stencel was born and raised on a farm near Greeley, CO, and from
the beginning his commitment to agriculture was clear. He was active in
4-H, the Future Farmers of America, and the Farmers Union Youth
Program. After graduating from Colorado State University in 1964 he
began a career with the Rocky Mountain Farmers Union (RMFU). A few
years later John served two years in the U.S. Army and was awarded the
Army Commendation Medal for Outstanding Service. After his return, John
was elected RMFU President in 1970. His strong leadership abilities
were repeatedly demonstrated during his 23 years as president, and in
1993 President Bill Clinton appointed John as the Deputy Administrator
for the Farm Service Agency in Colorado. He later worked in Washington,
DC, at the Grain Inspection, Packers, and Stockyards Administration as
Special Assistant to the Administrator. John then returned to Colorado
in 2000 and was once again elected president of the RMFU in 2001.
Unbelievably, through all of this John Stencel also found the time to
serve as the president of the Colorado 4-H Foundation, as the vice
president of the Colorado Future Farmers of America Foundation, and as
a member of the Colorado State University Board of Agriculture. His
versatility, dedication, and uncharacteristic leadership are admirable.
I remember sharing time with John on the road during a series of
renewable energy tours throughout rural Colorado over the past couple
years. I learned quickly of the remarkable ability of this man. Whether
the topic was wind power and methane digesters or crop subsidies and
cooperative development projects, his grasp of the issues was second-
to-none.
Mr. Stencel's forward thinking policies and actions have set an
example in the agriculture world. He acknowledges and promotes ideas
that need to be brought to the attention of small and large farmers
alike. His pending retirement will mark the end of an exceptional
career, and finding a worthy successor will undoubtedly be difficult.
Mr. Speaker, I ask my colleagues to join me in honoring John Stencel
for his accomplishments, his dedication, and his legacy. Citizens of
Colorado and the United States as a whole have benefited from this
man's service, and we owe him our gratitude.

____________________

TRIBUTE TO THE 40TH ANNIVERSARY OF THE INDIANA DUNES NATIONAL LAKESHORE

______

HON. PETER J. VISCLOSKY

of indiana

in the house of representatives

Monday, November 13, 2006

Mr. VISCLOSKY. Mr. Speaker, it is with great respect and admiration
that I wish to congratulate the members of the Save the Dunes Council
as they celebrate the 40th Anniversary of the Indiana Dunes National
Lakeshore. To commemorate this special occasion, the Save the Dunes
Council hosted a 40th Anniversary Gala Event on Saturday, October 21,
2006, at Valparaiso University's Brauer Museum of Art in Valparaiso,
Indiana.
From its humble beginning, the Save the Dunes Council, created in the
Ogden Dunes living room of Dorothy Buell and a mere dozen of her female
neighbors, has become one of the most knowledgeable, involved, and
respected organizations in Northwest Indiana and beyond. Founded in
1952 with the mission of protecting and preserving the Indiana Dunes,
the Save the Dunes Council worked tirelessly toward their goal of
creating a National Lakeshore, which they accomplished in 1966. Since
that time, the Save the Dunes Council, comprised of local citizens, has
continued to fight to protect the lakeshore from man-made intrusions
and preserve the environment. Through the efforts of these dedicated
individuals, the Indiana Dunes National Lakeshore has nearly doubled in
size. Currently, the National Lakeshore consists of more than 15,000
picturesque acres of land, while plans for continued expansion are in
place.
The Indiana Dunes National Lakeshore has, for many years, been a
popular tourist destination as well as a place where local families and
groups can enjoy an afternoon together. Its scenic lake views and
magnificent sandy beaches have made the Indiana Dunes National
Lakeshore a focal point of Northwest Indiana, while the spectacular
Mount Baldy, the largest of the lakeshore's moving dunes at 126 feet,
is a sight that visitors are sure to remember. In addition to the
magnificent nature views, the Indiana Dunes National Lakeshore offers a
wide array of activities to satisfy the interests of all nature-lovers,
including: hiking, swimming, bird watching, fishing, camping, and
horseback riding, as well as many guided tours and other gatherings.
On Saturday, October 21, 2006, the Indiana Dunes National Lakeshore
40th Anniversary Gala took place and featured a social hour and exhibit
tours of the artwork of Frank V. Dudley, an artist who dedicated forty
years of his life to the preservation and promotion of the Indiana
Dunes. The evening proceeded with a silent auction, formal dinner,
speakers, and music.
Mr. Speaker, I ask that you and my other distinguished colleagues
join me in honoring the efforts of the members of the Save the Dunes
Council, past and present, and in celebrating the 40th Anniversary of
the establishment of the Indiana Dunes as a National Lakeshore. These
selfless individuals continue to dedicate their time and unrelenting
efforts to serve their community through the preservation of the
Indiana Dunes National Lakeshore, and I am proud to represent them in
Congress.

____________________

TRIBUTE TO THE HOUSTON DYNAMO AND THE CITY OF HOUSTON FOR WINNING THE
2006 MAJOR LEAGUE SOCCER (MLS) CUP

______

HON. SHEILA JACKSON-LEE

of texas

in the house of representatives

Monday, November 13, 2006

Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today to congratulate
the Houston Dynamo and the city of Houston for winning its first 2006
Major League Soccer Cup.
In front of thousands of soccer fans at Pizza Hut Park, the Houston
Dynamo emerged victorious against the New England Revolution with a
score of 4 to 3 on penalty kicks after the teams played to a 1-1 draw
through regulation and extra time.

[[Page 21904]]

This is a fitting conclusion to an amazing season. Congratulations to
Kelly Gray, Stuart Holden, Dwayne De Rosario and Brian Ching who
successfully converted from the penalty spot in the shootout. Brian
Ching was recognized as the match's Most Valuable Player.
This is the Dynamo's first season in Houston, and they have surely
made a warm welcome for themselves. The team is lead by 2005 Major
League Soccer Coach of the Year, Dominic Kinnear. Let me acknowledge
Dynamo investor/operator Philip Anschutz for the time and commitment he
has given to U.S. soccer and the city of Houston. I also congratulate
the players and their families for making the transition (from San
Jose) to Houston. For the players and their families to pick up and
come to Houston, Texas and do what they've done this year is
impressive. We welcome you with open arms, and we remain devoted to
your success. Also, a big thank you and congratulations to Oliver Luck
and the entire Dynamo management team family.
The team was created on December 15, 2005 when the San Jose
Earthquakes were relocated, allegedly due to San Jose's failure to
secure a soccer-specific stadium. Even though all of San Jose's players
and coaches moved to Houston, the team's name, logo, history and
statistics were not transferred.
The name ``Dynamo'' refers to Houston's industrial economy and is an
allusion to the various Eastern European soccer teams who are called
``Dynamo'', most notably Dynamo Dresden, FC Dynamo Kyiv and FC Dynamo
Moscow. Although unrelated, there was a previous professional soccer
team called the Houston Dynamos that played in the old United Soccer
League in 1984. The team colors are orange, white, and black.
The Houston Dynamo play their home matches at Robertson Stadium--a
33,000-seat sports stadium located on the University of Houston campus
in southeast Houston. A three-year lease was signed to play at the
stadium while plans for a soccer-specific stadium are finalized.
This is the Dynamo's first championship in this league, though
several of their players won titles with the team's previous
incarnation, the San Jose Earthquakes.
My heartiest congratulations, and I look forward to many more
celebrations with Houston Dynamo in Houston, Texas.
I look forward to a community-based celebration in heir home stadium
in the 18th Congressional district at Robertson Stadium.

____________________

A TRIBUTE TO JOHN BROWNE

______

HON. ROBERT E. ANDREWS

of new jersey

in the house of representatives

Monday, November 13, 2006

Mr. ANDREWS. Mr. Speaker, today, I am proud to honor John Browne, a
courageous cancer survivor and citizen from the great state of New
Jersey. After winning his battle with cancer, Mr. Browne tirelessly
worked to bring hope to others afflicted with this terrible disease. He
is truly an inspiration to others and it is my privilege to honor him
today.
Diagnosed with a rare form of cancer, John Browne needed a liver
transplant to save his life. Now healthy, John is working to make
others aware of the importance of organ donation. He works as a
volunteer for the Gift of Life Donor Program, an organization that
matches donors with patients, Today about 90,000 people in the United
States are awaiting an organ transplant. Making the decision to be an
organ donor can save lives.
I want to thank John for all that he has done. He was given a second
chance at life and selflessly used it to help others in need. John's
story proves that one person can make a difference in the world. His
volunteer efforts have given hope to cancer patients, and he has made
our community, and our Nation, a better place.

____________________

TRIBUTE TO JAMES AND JUSTINE DAVIS

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Monday, November 13, 2006

Mr. RADANOVICH. Mr. Speaker, I would like to take this opportunity to
congratulate James and Justine Davis on the celebration of their 70th
year of marriage. James and Justine Davis were married January 3, 1937
at St. John's Rectory in Fresno, California.
James Davis was born in Madera in 1914 on the same property that he
lives on today. He is the son of James L. and Gertrude Davis, both long
time Madera residents. James was the Madera County Agricultural
Commissioner from 1964 until his retirement in 1976. He started working
for the agricultural department in 1949. James also farmed cotton,
alfalfa, and cattle on his home ranch.
Justine Nicolini was born on a farm in Fresno in 1912 on property
that is now adjacent to the Fresno Convention Center. She is the
daughter of Jose Nicolini, from Italy, and Rosa Ylarraz Nicolini, from
Spain. She worked for Gottschalks Department Store before marriage and
held various office positions in Madera after moving to Madera.
James and Justine met on a blind date arranged by friends. The
Davis's have one daughter, Patricia Sunia, two grandchildren, and three
great grandchildren. James and Justine live in the same house that they
moved into after their marriage. Following retirement, James and
Justine traveled extensively throughout the United States, Canada,
Europe, Mexico, Caribbean, Australia, and Great Britain.
Their devotion to one another is a model for all married couples to
follow. As evidence of this devotion, James and Justine have always
agreed to not go to sleep angry. They have always maintained a strong
love for one another and can often be seen holding hands to this day. I
wish James and Justine Davis continued health and happiness in their
marriage.

____________________

REMEMBERING FRANK LAMBERT

______

HON. FRANK R. WOLF

of virginia

in the house of representatives

Monday, November 13, 2006

Mr. WOLF. Mr. Speaker, last week Loudoun County in Virginia's 10th
District lost a loyal public servant. Frank Lambert, a former Loudoun
County supervisor, passed away on Wednesday, November 8, at the age of
77.
I was honored to call Frank Lambert a friend and to work with him on
issues of importance to Loudoun County when he served on the Board of
Supervisors during the 1980's.
Mr. Speaker, I submit for the Record an obituary from the Leesburg
Today newspaper of November 10 which describes the public service of
Frank Lambert. We send our condolences to his wife Ruby and all his
family.

[From Leesburg Today, Nov. 10, 2006]

Former Supervisor Frank Lambert Dies

(By Margaret Morton)

A longtime Waterford area resident, Frank Lambert, 77, died
early Wednesday morning at Inova Loudoun Hospital's Cornwall
Street campus in Leesburg.
Colleagues and friends were surprised by the news of
Lambert's death. Attorney Steve Stockman, who served with
Lambert on the county board when Republicans were a rare
breed in Loudoun, knew he had been ill, suffering from
pneumonia, but he said Wednesday he had visited him in his
home north of Waterford less than a month ago. ``He seemed
strong,'' Stockman said.
The two Republicans served on the board of supervisors
together from January 1984 to December 1987, along with Jim
Brownell and Andrew Byrd, with Lambert representing the
Catoctin District.
``He was a very nice man, the epitome of a Virginia
gentleman,'' Stockman recalled. He described his former
colleague as being ``very, very astute, with a brilliant
mind.'' Despite a bit of occasional acerbity, ``when he had
to,'' Lambert did not try to force his opinions on others.
``He would lay it out and give a brilliant analysis,''
Stockman said.
Stockman, who was some years younger than Lambert, said he
was also very friendly. ``I learned a lot from him,'' he
recalled, describing Lambert as almost ``Reaganesque'' in his
warmth and ability to communicate, with a big deep baritone
voice.
His political philosophy was ``very conservative,''
according to Stockman. After both had left elective office
Lambert and former Leesburg mayor and Leesburg District
Supervisor Frank Raffo, a staunch Democrat, did a weekly
radio talk show and Brownell recalled Wednesday the two had
some ``heated exchanges.''
``He was very principled, very true to his cause,''
Brownell said of his former colleague. ``If ever there were a
loyal and faithful Republican, he was it,'' he said.
Describing Lambert as ``very, very conservative,'' Brownell,
whose support for moderation often put him at odds with GOP
stalwarts, said that looking back, however, ``Frank was
probably right about a lot of things.''
After Democrat Betsey Brown defeated Lambert as part of the
1987 slow-growth movement, he left active politics, although
he remained an ardent Republican, according to Brownell. He
also continued in public service as a member of the Loudoun
County Library Board and currently as a member of the Loudoun
County Animal Control Advisory Board.

[[Page 21905]]

Winston ``Win'' Porter was chairman of the Loudoun
Republican Party when Lambert was on the board of
supervisors. He echoed the opinions of Lambert's colleagues,
calling him ``very intelligent and capable, with a lot of
ideas.''
Don Walker, of Walker and Clarke Construction, recalled
another of Lambert's contributions, calling him ``the father
of communications in Loudoun.'' Fascinated with radio
communications as a youth, Lambert established one of the
area's first successful pager companies, Metrocall. Since
1969, he has been president of the Great Eastern
Communications Company. He also was a Ham radio operator and
held a FCC first class radio telephone license. In the 1960s,
Lambert was part owner and manager of WEER in Warrenton and
later worked for WAGE in Leesburg.
Lambert's pioneering paging business was not without
controversy, and some opposed it, especially the tall radio
tower that was erected at his home north of Waterford. ``But,
no one at the time had instant communications,'' including
those who would most need them, such as doctors, nurses or
fire and rescue workers, Walker said. Ironically, he
recalled, one of the opponents had a heart attack and it was
one of Lambert's pagers that helped save her life.
But Lambert was more than just a successful businessman to
Walker. ``He was my neighbor and friend, from the day he
moved here in the mid-1970s,'' he said. It was a friendship
that lasted from the first day. Walker, as a young man, met
the older Lambert, when he went up to help him move into his
house, to Wednesday morning's news that he had died.
Describing Lambert as ``a very professional and academic
man, a caring member of the community and a great lover of
animals,'' Walker asked him to be godfather to his two sons.
``I would trust him with anything I had, or would hope to
have, in my life,'' he said this week.
He is survived by his wife Ruby; sons Roger Lambert of
Andros Island, Bahamas, and Christopher Lambert of Waterford;
grandsons Michael and James Lambert; granddaughters Constance
and Angela Lambert; and brother Roland Lambert of
Connecticut.
Graveside services will be held at 1 p.m. Monday, Nov. 13
at Union Cemetery with the Rev. Edwin Urban officiating.

____________________

COCAINE IN EUROPE A WAKE UP CALL

______

HON. DAN BURTON

of indiana

in the house of representatives

Monday, November 13, 2006

Mr. BURTON of Indiana. Mr. Speaker, last September, the Committee on
International Relations' Subcommittee on the Western Hemisphere and the
Committee on the Judiciary's Subcommittee on Crime, Terrorism, and
Homeland Security held a joint hearing on the increased cocaine drug
flow to Europe, in an effort to encourage our European friends and
allies to provide more help to the Andean region, and Colombia in
particular.
At a November 2, 2006, Shared Responsibility Conference in London,
which was sponsored by the Government of Colombia, the UN Office of
Drugs and Crime, UNODC, Executive Director Antonio Maria Costa sounded
similar alarm bells on the massive increase in cocaine flow to Europe
from Colombia and the Andean region. He said, regarding cocaine, among
many important things, ``Wake up Europe! You are heading for a
crisis.''
I ask that the full text of the UNODC official's statement on this
important subject be printed in the Congressional Record, and urge all
my colleagues to see how the burden of our drug-fighting efforts in
Colombia and elsewhere in the region ought to also be shared by our
European friends as well.

UNITED NATIONS

Office on Drugs and Crime

Antonio Maria Costa, Executive Director

Cocaine in Europe: a Wake-up Call

Dialogue on Shared Responsibility and the Global Problem of Illicit
Drugs

Ladies and Gentlemen, I have some good news and some bad
news. The good news is that in most of the world, demand for
cocaine is stable or even dropping. Coca cultivation has been
slashed by a quarter in the past five years. And seizures of
cocaine have almost doubled during that period. An astounding
42% of an cocaine produced was seized in 2005.
The bad news is the upward trend in Europe. I am not afraid
to name and shame the worst offenders--Spain, England and
Italy. The level of cocaine use in Spain which is 3% among
those aged 15 to 64--now exceeds (for the first time ever)
levels of cocaine use in the United States. And the UK is not
far behind. In 2005, annual prevalence for cocaine use in
this country was 2.4%, up from 0.6% a decade earlier.
Look at another leading indicator. Ten years ago, in the
Netherlands 20% of all new clients entering treatment for
drug abuse were addicted to cocaine. Less than a decade later
the proportion was 40%, In Spain, the proportion in 1995 was
7%. In 2002 it was 42%. and I would bet that the proportion
has continued to rise since then.
Wake up Europe! You are heading for a crisis. We are facing
a pandemic, and not only because of coca addiction by high
profile entertainers, executives, models or socialites who
flaunt their illicit drug, use in words and deeds. This is a
symptom of a deeper problem--one made worse by uncritical
reporting in the media.
What will it take to get people to take the problem
seriously? A phone call from a hospital that your child or
colleague has had an overdose? Or was caught in the cross-
fire of a drug-related shooting? Or killed in an accident
under the influence of drugs? That's what happened in
America's cities in the 1980s, especially as coca turned into
crack. If we are not careful it is coming to our
neighborhoods.
Europe's growing cocaine problem is due to a number of
factors.
First, drug addicts are switching from narcotics, heroine,
to psychoactive substances. Coca is fashionable because it is
attractive: white not dark; sniffed not injected; taken in a
living room; not in a dark alley; symbol of success not
evidence of failure. Second and because of all of the above,
cocaine users are in denial, no chance of AIDS, a trendy
white collar habit. Celebrities get away with it so when is
the problem? Well, there is a problem as recognized by a 17
year old inmate I met in a prison in Naples: ``I thought that
I could control the white lady--la signora bianca--that I
could have her whenever I wanted. But soon she controlled me,
and I became her slave.''
Secondly, governments are in denial. Too many governments--
particularly in rich countries--fail to invest political
capital to prevent and treat drug abuse. As a consequence,
their societies have the drug problem they deserve.
Interesting is the case of Sweden. Over the past three
decades, successive governments have invested consistently
and significantly in drug treatment and prevention. As a
result, Sweden has been one of the cleanest--most drug-free--
societies in Europe. Well: but even there, cocaine abuse is
creeping in.
Economists have recognized for centuries that bad money
chases away good money. Bad habits spread quickly; especially
in affluent, fast-paced societies. Emerging economies, in
particular, should be on the alert for a rise in cocaine use,
including in Russia and China where health ministers have
told me that there are no problems with cocaine in their
countries. My response? Brace yourself. It's on the way.
Europe's cocaine habit is not only causing problems on this
continent. It is making life difficult for President Uribe
and other Andean leaders, not to mention all states between
here and Latin America affected by drug trafficking.
So we face a problem of credibility. How can Europe urge
the Andean countries to reduce supply when its drug habit is
driving cultivation?
We all need to get serious about assuming our
responsibility for the drug problem. I therefore applaud the
Colombian Government's efforts to promote a dialogue on
shared responsibility. What are some ways that we can work
together?
Surely we should do more to support alternative
development. Most illicit crop growers (Afghanistan, Colombia
or Laos), live in some of the poorest communities in the
world. Crop eradication will not work over the long term if
there is no legal economy to replace it. Drug control and
development must therefore go hand in hand.
International donors should provide more assistance to coca
farmers. For its part, I urge the Government of Colombia to
involve a broad range of ministries in developing a coherent
alternative development strategy that will assist coca
farmers.
More attention should be devoted to the environment. Coca
farmers and producers slash and burn forests, pollute streams
and damage fragile ecosystems (by the use of toxic
chemicals). The Andean region has less than 1% of the world's
land area, but more than 15% of the world's plant life. At a
time when we are all so concerned about climate change. I
urge all Europeans to think about the destruction done to our
habitat for the sake of a line of cocaine.
The billions of dollars made through the narco-economy are
empowering cartels, funding insurgency and financing
terrorism. Cocaine ruins everything along the trail from the
Andean countries through the Caribbean, Mexico, and West
Africa to lucrative markets in Europe and North America,
where gun crime and gang violence associated with the drug
trade have turned some urban neighborhoods into war zones.
Ladies and gentlemen. The alarm clock is ringing. Europe,
it is time to wake up and get going. Supply control is not
enough. Imagine that this year we seize all 900-odd tons of
Andean cocaine. Well as many tons will be produced next year.
Imagine if Andean farmers gave up all their coca crops.
Francisco, this is your dream!! That is not enough, since
demand by the world's 13 million cocaine addicts will

[[Page 21906]]

generate as much cultivation somewhere else.
Plainly speaking, the mother of all drug control challenges
is drug prevention, treatment and rehabilitation. This too is
a shared responsibility in our communities. Drugs are too big
a problem to be left to drug experts. Society at large should
be actively engaged.
Only by working together on all aspects of drug control
will we be able to move towards a healthier and safer world.
Thank you for your attention.

____________________

HONORING HIS EXCELLENCY EURIPIDES EVRIVIADES, AMBASSADOR OF THE
REPUBLIC OF CYPRUS

______

HON. MICHAEL BILIRAKIS

of florida

in the house of representatives

Monday, November 13, 2006

Mr. BILIRAKIS. Mr. Speaker, it is my distinct pleasure to honor the
departing Ambassador of the Republic of Cyprus to the United States,
His Excellency Euripides Evriviades.
Ambassador Evriviades has served in this post since December 2003,
but his diplomatic career is long and distinguished. Prior to serving
as Cyprus' Ambassador to the United States, he served as the Ambassador
to the Netherlands, August 2000 to October 2003, and Ambassador to
Israel, November 1997 until July 2000. Since 1976, he has served in a
variety of diplomatic positions, proudly representing Cyprus and her
citizens.
It has been my honor and privilege to work with Ambassador Evriviades
on issues important to Cypriots. I have come to regard him as an
effective, determined, and passionate advocate for his country, a man
who remains committed to the reunification of Cyprus and who has
pursued this goal even when it put him at odds with others.
I want to bid a fond farewell to Ambassador Evriviades and offer him
my congratulations and appreciation for his 3 years of service in our
Nation's Capital. I praise the Ambassador for his tremendous efforts
and contributions to raise awareness among Members of Congress and
administration officials of Cyprus' desire to be reunified. He will be
greatly missed, and I wish him all the best in the years to come.

____________________

RECOGNIZING HANS GEISSLER OF DADE CITY, FLORIDA

______

HON. GINNY BROWN-WAITE

of florida

in the house of representatives

Monday, November 13, 2006

Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise to honor Hans
Geissler, the founder of Morning Star Fishermen. Mr. Geissler was
recently selected from a group of volunteer and service organization
workers aged 60 and older who were nominated to participate in a
symposium at Stanford University. This symposium highlights community
service and the use of business experience in the volunteer service
field.
Since leaving the French Foreign Legion and retiring from a career as
a plumbing contractor, Mr. Geissler has worked tirelessly to help solve
one of the world's biggest problems--world hunger. Based out of his 11-
acre facility in Dade City, Florida, Mr. Geissler teaches aquaculture
classes to people from around the world. Morning Star Fishermen also
works to help establish tilapia-breeding tanks in foreign nations.
Students who travel to the Dade City facility learn how to raise
tilapia as a high-protein food source back home in their own
communities around the world.
Civic Ventures, a think tank based in San Francisco, noted Mr.
Geissler's work. Civic Ventures asked for nominations of people over
the age of 60 who are using their experience to solve social problems.
The think tank received 1,200 nominations, and named 71 Purpose Prize
Fellows.
Mr. Geissler will attend the symposium in September and hopes to work
with other participants to gather new ideas on how best to grow Morning
Star Fishermen into the future.
Mr. Speaker, civic-minded individuals like Hans Geissler help make
our cities and municipalities better places to live and work. The motto
of Morning Star Fishermen is ``Give a man a fish, he eats for one day.
Teach a man to raise fish, the whole community eats.'' People like Hans
Geissler prove that one person can indeed make a positive difference
throughout the world.

____________________

TRIBUTE TO DR. J. OTIS WILLIAMS

______

HON. JAMES E. CLYBURN

of south carolina

in the house of representatives

Monday, November 13, 2006

Mr. CLYBURN. Mr. Speaker, I rise today to pay tribute to a doctor,
who has had a tremendous impact on his profession and his colleagues.
Dr. J. Otis Williams is a renowned chiropractor in South Carolina, who
is being honored on November 19, 2006 by his peers with a Trailblazer
Award.
It is clear why Dr. Williams would receive this recognition. He was
instrumental in insuring a good scope of practice for South Carolina
chiropractors in the 1980s when an examining board for the profession
didn't exist. He remains dedicated to the cause of high quality
chiropractic care, and has served on South Carolina Chiropractic Board
of Directors. He has been very involved with legislative matters
governing the profession.
Otis Williams was born in Ridgeland, South Carolina in 1947. He was
raised by his grandmother, until she died when he was just 11 years-
old. From the time he was young, Otis Williams knew he wanted to be a
doctor. He graduated from Robert Smalls High School and Morehouse
College, and went on to pursue his chiropractic degree at the National
College of Chiropractic (now National University of Health Sciences).
Dr. Williams returned home to South Carolina and began his practice
on Lady's Island in 1978. He sees a wide range of patients from infants
to centenarians. He has done postgraduate work in chiropractic
orthopedics, acupuncture, addictionology and compulsive disorders,
nutrition, and is presently studying for board certification as a
chiropractic internist.
Mr. Speaker, I ask you to join me today in congratulating Dr. J. Otis
Williams on this recognition by his peers. He is truly a trailblazer,
who is dedicated to continuing his personal development and the
development of his profession. I commend Dr. Williams for his
remarkable work.

____________________

TRIBUTE TO BENITA A. ALLISON

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Monday, November 13, 2006

Mr. TOWNS. Mr. Speaker, I rise today in recognition of Benita A.
Allison, a distinguished citizen of Brooklyn, New York. It behooves us
to pay tribute to this outstanding woman and I hope my colleagues will
join me in recognizing her many accomplishments.
Born to the late Lamonias Smith-Ody and William Smith, Benita A.
Allison remains a part of the Brooklyn community today. Ms. Allison is
a product of the New York public school system and has received
certificates from Brooklyn College and New York University.
Ms. Allison has had many firsts in her career and life, among them;
she was the first Black woman to be an Institutional Stock Trader for a
major bank in New York City. She was accepted in one of the first
classes that included woman of color to enter and graduate from the New
York City Police Academy as a New York City Police Officer where she
served 18 months.
Ms. Allison has been very involved in the community. She represents
her church, 1st Baptist Church of Crown Heights, as a ``Mission
Advocate''. Ms. Allison holds numerous memberships and sits on many
community boards. She sits on the Economic Development Board of
Community Board 8 and is a member of the Service Corp of Retired
Executives. Ms. Allison is a lifetime member of Church Women United in
Brooklyn and is a past member of the National Council of Negro Women
(Flatbush Section). Ms. Allison served as a Regional Resource
Consultant for U.S. Department of Health and Human Services, where she
was responsible for providing capacity building services to the
minority community/faith based HIV/AIDS population. She has also served
on the Mental Health Advisory Board for Brookdale University Hospital
in Brooklyn, New York and the Pastoral Care HIV/AIDS Advisory Board for
Kings County Hospital in Brooklyn.
Since 2003, Ms. Allison has worked as a Parent Coordinator for New
York City Department of Education. As a Parent Coordinator she works
and partners with community organizations to assist parents and
families with such issues as housing, employment, adult training and
education. She has held workshops to address such topics as adult
education training, immigration and conflict mediation.
Ms. Allison's work has not gone unnoticed and has earned her
recognition from the New York City Conference of Mayors, the New Jersey
HIV Care Network and Barber-Scotia College.

[[Page 21907]]

Mr. Speaker, I believe that it is incumbent on this body to recognize
the work of Benita A. Allison. Her deep commitment to her family and
community makes her most worthy of our recognition today.

____________________

IN MEMORY OF WOODROW WILSON HOWARD

______

HON. JOE WILSON

of south carolina

in the house of representatives

Monday, November 13, 2006

Mr. WILSON of South Carolina. Mr. Speaker, Woodrow Wilson Howard died
October 10, 2006, at his home. He was 94 years old. He was born in
Catawba County, North Carolina, to the late Cleveland Franklin and
Antha Leona Sigmon Howard.
Mr. Howard began his retail career in 1934 with Belk Department Store
and, in 1938 with Belk as partner, he founded Howard's, located on
Assembly Street in Columbia. He stayed with Belk for 64 years. He moved
the Assembly Street store to Parkland Plaza in Cayce in 1977.
Ultimately, the Howard's doubled in size and expanded to include
Howard's Sports. Mr. Howard retired from Belk in 1998. Over the years
he sold everything from basic work clothes to high fashion trends. He
claimed he never took a coffee break.
Mr. Howard was a vital member of the community. He had been a member
of Mt. Tabor Lutheran Church for 66 years. He was a charter member and
past president of Cayce-West Columbia Lions Club and was named the
World Champion Broom Salesman by the national Lions Club in 1976. He
served on the Advisory Board and was an original stockholder of
Lexington State Bank (now BB&T), served on the Board of Directors of
the West Columbia-Cayce Chamber of Commerce, was a member of the
Central Midlands Regional Planning Council and its Committee of 100,
served on the Board of Directors for the Lowman Home, was a lifetime
member of Sinclair Lodge No. 154 and was named ``Citizen of the Year''
by the City of West Columbia in 1985.
Mr. Howard was elected to West Columbia City Council in 1961 and
served for 30 years. He acted as Mayor Pro Tem for 28 years. While
campaigning, his slogan for re-election was ``If you don't know me ask
your neighbor.'' He was honored with the Order of the Palmetto in 1998.
Mr. Howard is survived by his wife of 68 years, Elizabeth G. ``Lib''
Howard; his son and daughter-in-law, Jerry and Mary Howard of
Lexington, his son and daughter-in-law, Tommy and Gloria Howard, also
of Lexington, and his daughter and son-in-law, Marianne and Larry Yoder
of Newton, North Carolina. He is also survived by his grandchildren, GG
Howard and Robert Culpepper of Atlanta, Georgia, Chip Howard of
Lexington, Melissa and Jim Henshaw of Isle of Palms, Shannon and Bert
Pooser of Columbia, Amy and Jason London of West Columbia, Michael
Howard of Columbia, Nathan Yoder of Regensburg, Germany, Joshua Yoder
of Hickory, North Carolina, and David and Krissy Yoder of Pinehurst,
North Carolina; as well as his great-grandchildren: Cate Simmons, Jerod
and Lucy Culpepper, Bane London, Sam Henshaw and Maddox Pooser. Mr.
Howard was predeceased by his brothers, Harry, Ray, and Franklin Howard
and his sister, Alice Howard Cooper.
At the funeral services on October 13, 2006; a eulogy was lovingly
delivered by his granddaughter GG Howard which highlighted his many
achievements.

____________________

HONORING HERITAGE ELEMENTARY SCHOOL FOR BEING NAMED A NATIONAL BLUE
RIBBON SCHOOL

______

HON. KENNY MARCHANT

of texas

in the house of representatives

Monday, November 13, 2006

Mr. MARCHANT. Mr. Speaker, I rise today to recognize Heritage
Elementary School located in Colleyville, Texas for being named a 2006
No Child Left Behind--Blue Ribbon School. Only 26 public schools in
Texas will receive this coveted award this year.
The No child Left Behind Blue Ribbon Schools program recognizes
schools that make significant progress in closing the achievement gap
or whose students achieve at very high levels. Schools must make
adequate yearly progress in reading, language arts and mathematics.
Heritage Elementary is no exception as Principal Stacy Voigt, her
staff, the students and their families have poured dedication and heart
into creating a fertile learning environment in Colleyville. They have
realized the immense potential of all those involved in making a school
Blue Ribbon-worthy.
The No child Left Behind Act is the bipartisan landmark education
reform law designed to change the culture of America's schools by
closing the achievement gap offering more flexibility to States, giving
parents more information and options and teaching students based on
what works. Under the law's strong accountability provisions, States
must describe how they will close the achievement gap and make sure all
students, including those with disabilities, achieve academically.
I extend my sincere congratulations to Heritage Elementary School for
receiving this award. This school's contribution and services should
serve as inspiration to us all.

____________________

TRIBUTE TO DR. VICTOR RODRIGUEZ

______

HON. RON PAUL

of texas

in the house of representatives

Monday, November 13, 2006

Mr. PAUL. Mr. Speaker, I am pleased to honor Dr. Victor Rodriguez, a
native of Edna, Texas in my congressional district. Dr. Rodriguez's
achievements in, and dedication to, education are an inspiration to us
all. As detailed in his autobiography, The Bell Ringer, Dr. Rodriguez
developed endurance and perseverance at an early age when his third
grade teacher assigned him the task of ringing the bell for the St.
Agnes Catholic Church.
For 9 years, Victor Rodriguez woke up at 4 a.m. and jogged two miles
to the church to ring the bell before the 5 a.m. mass. While this was
obviously a difficult responsibility for a child, Dr. Rodriguez later
said that he ``came to accept ringing that bell as an honor . . .
whenever I was tired and didn't feel like getting out of bed, I
remembered my mom's encouragement. She used to say that if you do
something, do it to the very best of your ability.''
The importance of hard work, endurance, and dedication that Victor
Rodriguez learned as a bell ringer stayed with him throughout his life.
Dr. Rodriguez was a star athlete who set many records and won numerous
trophies at Edna High School, Victoria College, and North Texas State
University. After earning his Ph.d, Dr. Rodriguez began a successful
career as a teacher and as a coach of several championship track teams.
In his work as a teacher and coach, Dr. Rodriguez inspired his students
to strive to achieve their goals and dreams.
During Dr. Rodriguez's 12 years as superintendent of the San Antonio
School District, the dropout rate was reduced from 50 percent to less
than 10 percent. Applying the lessons in perseverance he learned as a
young bell ringer, then superintendent-elect Dr. Rodriguez promised San
Antonio School District's kindergarten class that he would stay as
superintendent as long as they were in school. Of course, Dr. Rodriguez
kept that promise, not retiring until 1994 when the kindergartners of
1981 were seniors in high school.
During his tenure as superintendent, Dr. Rodriguez won numerous
awards and honors, including an achiever award from the Alamo Area
Council of the Boy Scouts of America, representative from Texas in the
1989 National Superintendent of the Year Award Program sponsored by the
American Association of School Administrators and the Service-Master
Company, induction into the National Hispanic Sports Hall of Fame; and
honoree in Ford Motor Company's Hispanic Salute recognizing San Antonio
Hispanics for outstanding contributions to education and literacy.
Executive Educator magazine twice named Dr. Rodriguez one of the
Hundred Top School Executives in the nation. Just last month, Dr.
Rodriguez was honored by his alma mater by being named a 2006 inductee
into the University of North Texas's Athletic Hall of Fame.
Dr. Rodriguez's application of the lessons he learned, as a young
church bell ringer should serve an example to all of us. It is a
pleasure to offer my congratulations and thanks to Dr. Victor Rodriguez
for all of his efforts to help Texas schoolchildren.

____________________

HONORING JULIA PON ON THE OCCASION OF HER 80TH BIRTHDAY

______

HON. ZOE LOFGREN

of california

in the house of representatives

Monday, November 13, 2006

Ms. ZOE LOFGREN of California. Mr. Speaker, I rise today to recognize
a woman who whose quiet contributions in her support

[[Page 21908]]

for her family make her community of supporters proud.
A native Californian and the daughter of immigrants, Julia Pon grew
up on the orange groves of San Juan Capistrano, and after graduation
from San Francisco College for Women, came to Santa Clara Valley to
join her husband, Joe, in working and caring for the orchards for which
our valley was world famous. As a great tribute to her patience and
understanding, Julia Pon raised 9 children with her husband.
As Julia celebrates her 80th birthday on December 10, 2006, we
celebrate a strong and courageous woman who has raised family members
who have become successful members of society and who has lived a
demonstrable life.

____________________

RECOGNIZING BOB AND SHARON BLANCHARD OF DADE CITY, FLORIDA

______

HON. GINNY BROWN-WAITE

of florida

in the house of representatives

Monday, November 13, 2006

Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise to honor a
husband and wife from Dade City, Florida who were recently awarded the
prestigious 1000 Friends of Florida Award. Bob and Sharon Blanchard are
the owners of a two thousand plus acre working ranch in the heart of
Pasco County. In addition to breeding horses and cattle and hosting an
annual steeplechase event, the Blanchards have taken the extra step to
provide environmentally sensitive stewardship of their ranch.
Little Everglades Ranch has been reforested and is a conservation
easement, assuring it will be protected from development. The
Blanchards have also taken leadership roles in the Coalition to Protect
Our Water Resources.
During his acceptance of the award, Bob Blanchard said that after his
retirement, he was wondering what to do with the rest of his life. He
credits his wife for being the driving force behind their efforts to
make waves for the good of the community.
1000 Friends of Florida promotes healthy urban and natural places by
wise management of growth and change. 1000 Friends of Florida helps
citizens have the technical knowledge and access needed to ensure that
public and private decisions lead to livable communities.
Mr. Speaker, environmentally engaged citizens like the Blanchards are
to be commended for not only maintaining a working ranch in the midst
of a growing suburban region of Florida, but for also doing so in a way
that protects our fragile ecosystem. I Applaud the Blanchards on
earning the 1000 Friends of Florida award and wish them the best of
luck in their future endeavors.

____________________

TRIBUTE TO DR. JOHN HENRY PORTER, JR.

______

HON. JAMES E. CLYBURN

of south carolina

in the house of representatives

Monday, November 13, 2006

Mr. CLYBURN. Mr. Speaker, I rise today to pay tribute to a doctor and
educator, who works every day to expand the chiropractic profession.
Dr. John Henry Porter, Jr., is a highly-regarded chiropractor in my
home State of South Carolina, and he is being recognized by his peers
on November 18, 2006 as a trailblazer.
John Porter is a native of Spartanburg, South Carolina, where today
he has a successful practice and teaches aspiring chiropractic students
at his alma mater, Sherman College of Straight Chiropractic. As an
Associate Professor of Clinic Sciences, Dr. Porter teaches Toggle
Recoil and Full Spine. He has been with the college since 1979, and
enjoys helping students enter the exciting and rewarding career of
Chiropractics.
While teaching students, Dr. Porter has also continued his education
by taking courses in Chiropractic Radiographic Interpretation,
Adjusting Methods, and Chiropractic Principals. He holds state licenses
in both South Carolina and Tennessee.
Dr. Porter attained his undergraduate degree from Claflin University
and he studied Business and Data Processing at Spartanburg Technical
College. He is married to the former Errie Bobo, and the couple has
three adult children.
Mr. Speaker, I ask you to join me in thanking Dr. John Henry Porter,
Jr., for his commitment to chiropractics and his desire to teach a new
generation the skills needed to succeed in the profession. Dr. Porter
is a tremendous advocate for chiropractors, and very deserving of his
recognition as a Trailblazer by his peers.

____________________

TRIBUTE TO WAYNE C. WILTSHIRE

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Monday, November 13, 2006

Mr. TOWNS. Mr. Speaker, I rise today in recognition of the jazz
musician, Wayne C. Wiltshire, distinguished artist of the music
industry. It behooves us to pay tribute to this outstanding artist and
I hope my colleagues will join me in recognizing his impressive
accomplishments.
Wayne C. Wiltshire has spent his entire 33 year career trying to
improve access to healthcare for thousands of New Yorkers. First, as
administrator for Emergency and Ambulatory Care Services at Cumberland
Hospital and then as Associate Executive Director at Woodhull Hospital,
which he helped open in 1982. Mr. Wiltshire then returned to renovate
the new Cumberland D&TC, and served as their first Executive Director
for 8 years. He later was transferred to Bellevue Hospital where he
served for 5 years as the hospital's first African-American Associate
Executive Director for Psychiatry and Emergency Services. During this
time, Mr. Wiltshire was also an adjunct professor at St. Joseph's
College in Brooklyn and owned his own ambulette service--Health Link,
Incorporated with his father Cuthbert Wiltshire and brother David
Wiltshire. With a Master's Degree in Community Health from LID and a
Bachelor of Arts degree in Urban Politics from Shaw University, Mr.
Wiltshire, a Canarsie High School graduate, is currently the Chief
Executive Officer for the Paul J. Cooper Center for Human Services,
Inc., formerly the Brownsville-Oceanhill Mental Health Service.
Mr. Wiltshire celebrated his twenty-first wedding anniversary in July
with his wife Donna, who is also a twenty-nine year health
professional. They have four children--Marc, Ngina, Kelli-Lin and
Victor. From Fort Greene to Williamsburg, and now Brownsville, Mr.
Wiltshire has helped shape the health care landscape of Brooklyn, which
has helped improve access to health care for thousands of New Yorkers.
Mr. Speaker, I believe that it is incumbent on this body to recognize
the accomplishments of Wayne C. Wiltshire. His commitment to improving
healthcare access makes him most worthy of our recognition today.

____________________

IN MEMORY OF RICK DANIEL

______

HON. JOE WILSON

of south carolina

in the house of representatives

Monday, November 13, 2006

Mr. WILSON of South Carolina. Mr. Speaker, the pro-Second Amendment
community lost a true friend last month, with the passing of Herman
Richard Daniel of Irmo, SC. ``Rick'' died due to complications from
aortal heart issues. He was 45.
He was the son of Evelyn Spires and the late Herman Daniel. Rick was
a member of the New Heights Baptist Church.
A longtime aide to South Carolina Comptroller General, Richard
Eckstrom, Rick had a distinguished and passionate career in the service
to causes in the defense of freedom. Rick served ten years as the
President of Gun Owners of South Carolina and the NRA State
Association. He was the only non-legislator in South Carolina to be
named ``Defender of Freedom'' by the National Rifle Association and was
also named the first ever NRA Member of the Year by ``America's First
Freedom'' magazine. Rick was known for his powerful essays and articles
on the subject of freedom and was recently awarded the Second Amendment
Foundation's ``James Madison Award'' for excellence in writing. Rick
was also a proud officer in the South Carolina State Guard.
Rick is survived by his loving wife Esther and two daughters, Heather
Rhea and Kara Nina; his brother Jim and wife Tonette with niece Jamie,
and sister Linda and her husband Charley Butler.
Rick was a patriot, loving father, devoted son, and dedicated servant
of the Lord. His quick wit and personal charm will leave us all missing
him.

[[Page 21909]]

____________________

HONORING ROCKENBAUGH ELEMENTARY SCHOOL FOR BEING NAMED A NATIONAL BLUE
RIBBON SCHOOL

______

HON. KENNY MARCHANT

of texas

in the house of representatives

Monday, November 13, 2006

Mr. MARCHANT. Mr. Speaker, I rise today to recognize Rockenbaugh
Elementary School located in Southlake, Texas for being named a 2006 No
Child Left Behind Blue Ribbon School. Only 26 public schools in Texas
will receive this coveted award this year.
The No Child Left Behind Blue Ribbon Schools program recognizes
schools that make significant progress in closing the achievement gap
or whose students achieve at very high levels. Schools must make
adequate yearly progress in reading, language arts and mathematics.
Rockenbaugh Elementary is no exception as Principal Karen White, her
staff, the students and their families have poured dedication and heart
into creating a fertile learning environment in Southlake. They have
realized the immense potential of all those involved in making a school
Blue Ribbon-worthy.
The No Child Left Behind Act is the bipartisan landmark education
reform law designed to change the culture of America's schools by
closing the achievement gap, offering more flexibility to States,
giving parents more information and options and teaching students based
on what works. Under the law's strong accountability provisions, States
must describe how they will close the achievement gap and make sure all
students, including those with disabilities, achieve academically.
I extend my sincere congratulations to Rockenbaugh Elementary School
for receiving this award. This school's contribution and services
should serve as inspiration to us all.

____________________

STATEMENT ON HELEN CHENOWETH-HAGE

______

HON. RON PAUL

of texas

in the house of representatives

Monday, November 13, 2006

Mr. PAUL. Mr. Speaker, with the passing last month of Helen
Chenoweth-Hage, America has lost one of its true champions of liberty
and constitutional government, and I have lost a valued friend and
colleague. When Helen served in the House of Representatives, she
gained a national following for her principled and uncompromising
defense of private property, the Second Amendment, American
sovereignty, and limited federal government.
Unlike all too many people who come to Washington, Helen never forgot
the principles that inspired her to seek office. I was honored when
Helen became the first member of Congress to join my Liberty Caucus.
She understood the importance of creating a support system to help
members of Congress resist the constant pressures to ``go along to get
along. ``
I will always cherish my memories of the time Helen and I served
together in the House, and I thank the Lord for enriching my life and
the lives of so many others by granting us the opportunity to know
Helen. I hope that knowledge of how many freedom-lovers across the
country join Helen's family in mourning her loss provides some measure
of comfort to Helen's family.

____________________

HONORING DENNIS KENNEDY UPON HIS RETIREMENT AFTER 30 YEARS OF PUBLIC
SERVICE TO THE CITY OF MORGAN HILL

______

HON. ZOE LOFGREN

of california

in the house of representatives

Monday, November 13, 2006

Ms. ZOE LOFGREN of California. Mr. Speaker, I rise to honor Mr.
Dennis Kennedy who has served the City of Morgan Hill in various
capacities for the past 30 years.
Since 1977, one year after Mr. Kennedy moved to Morgan Hill, he has
been involved in various roles within the City of Morgan Hill's local
government. He served three terms on the Planning Commission and two
terms on the General Plan Update Committee.
In 1990 he stood for election and won a seat on the City Council. He
has served four terms as the mayor of the City of Morgan Hill. He was
appointed to his first term in 1992. In 1996, he became the first
directly elected mayor and was re-elected in 1998, 2000, 2002 and 2004.
He is past chairman of the South County Regional Wastewater
Authority, has served two terms on the Board of Directors of the Valley
Transportation Authority and is a past-president of the Santa Clara
Cities Association.
Mr. Kennedy has always been mindful of his commitment to the Santa
Clara Valley and, although he was born in Nebraska, he has acted like a
true local when community interests were at stake. Mr. Kennedy moved to
San Jose, California during his high school years and attended
Bellarmine College Preparatory School in San Jose. He earned a
Bachelor's degree in Mechanical Engineering from Santa Clara University
and served as a Lieutenant in the U.S. Army.
Professionally, it has been a pleasure to work with Mr. Kennedy
because he sincerely cares about the residents of the City of Morgan
Hill and their interests. I know I stand with many other thankful
constituents in congratulating Mr. Kennedy on his years of service and
wishing him the very best for his retirement.

____________________

HONORING THE RETURN OF BATTERY B, 2ND BATTALION, 116TH FIELD ARTILLERY

______

HON. GINNY BROWN-WAITE

of florida

in the house of representatives

Monday, November 13, 2006

Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today to
recognize the exploits of one of Florida's National Guard Units--
Battery B, 2nd Battalion, 116th Field Artillery.
In April of 2005, 139 soldiers from Battery B began a deployment that
would take them to Afghanistan. For over a year, the unit brought
security to the Afghani people by conducting patrols, guarding critical
military bases, and providing a presence to deter Taliban insurgents.
This past July, after their heroic service, elements of Battery B began
returning to the United States. Thankfully, during their deployment,
the unit suffered no fatalities.
Last month, I had the privilege of meeting with these brave
individuals, many of whom live within my congressional district. The
courage and selflessness of our soldiers never ceases to amaze me. I
was also touched when I learned that during its tour, Battery B used an
American flag that flew over the United States Capitol--a little piece
of home halfway around the world.
Mr. Speaker, the war on terror is a long-term commitment, one that
will require courage, sacrifice, and hard work. When I see the
steadfast resolve of soldiers with Battery B, I know that we will
prevail in this conflict. In closing, I want to thank the men and women
in our Armed Forces, as well as their families, for making tremendous
sacrifices to defend our freedom. May God bless you all.

____________________

TRIBUTE TO DR. BEATRICE GAMBLE-FRANKLIN

______

HON. JAMES E. CLYBURN

of south carolina

in the house of representatives

Monday, November 13, 2006

Mr. CLYBURN. Mr. Speaker, I rise today to pay tribute to a remarkable
doctor and South Carolinian, who, on November 19, 2006, will be the
only female recipient of the Trailblazer Award for her contributions to
the chiropractic profession. Dr. Beatrice Gamble-Franklin is a native
of South Carolina, who has spent her career helping others.
Beatrice Gamble was born in Georgetown, South Carolina and excelled
as a student. She graduated first in her class from Choppee High
School, and was selected for the MARC (Minority Access to Research
Careers) honors program, which enabled her to pursue undergraduate and
graduate degrees from Benedict College and Atlanta University. Beatrice
then attended Life Chiropractic College in Marietta, Georgia.
Dr. Gamble-Franklin has been in the chiropractic field for 20 years.
She holds the distinction of being the first African American
chiropractor in South Carolina, and has been voted the best
chiropractor in the state. At one time, Dr. Gamble-Franklin had six
practices. Today, she and her husband, Dr. Gregory Franklin, have two
practices in Columbia and Orangeburg.
In addition to her work in chiropratics, Dr. Gamble-Franklin is using
her training in scientific research to develop hair products. She has
invented the VictoriUs Silk Protein Relaxer, which is highly
recommended by hair stylists.
Mr. Speaker, I ask you to join me today in applauding the
trailblazing spirit of Dr. Beatrice Gamble-Franklin. Her recognition by
her peers is a testament to the extraordinary contributions she has
made as a chiropractor, and the

[[Page 21910]]

difference she has made in the lives of her patients.

____________________

A TRIBUTE TO THE AUSTRIAN CONSULATE GENERAL IN NEW YORK AND THE RAV TOV
INTERNATIONAL JEWISH RESCUE ORGANIZATION

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Monday, November 13, 2006

Mr. TOWNS. Mr. Speaker, I rise today to pay special tribute to the
Austrian Consulate in New York as they honor one of my district's
outstanding human rights groups, The Rav Tov International Jewish
Rescue Organization.
Founded in 1973, at the behest of the former Grand Rabbi of Satmar,
Rabbi Joel Teitelbaum of blessed memory, in 1973, Rav Tov was initially
established to rescue the persecuted Jewish community living in the
former Soviet Union. Rabbi Teitelbaum, himself a survivor of the
Holocaust, saw his family perish at the hands of the Nazis. He
envisioned Rav Tov as the protective shield for the global Jewish
community living in tyrannical regimes.
Rav Tov's heroic accomplishments of rescuing and resettling Soviet
Jewry was only possible with the unflinching cooperation and support of
the Austrian government, which hosted the refugees as they waited for
their final resettlement. It is estimated that 367,000 Jews stayed in
Vienna between 1968-1989 rebuilding their often shattered lives in free
countries. Following the fall of the Soviet Union, the focus of Rav
Tov's and Austrian efforts have been to save other endangered Jewish
communities that still exist around the world.
As a result of the enduring bonds between Rav Tov and the Austrian
government, the Austrian Federal President, Dr. Heinz Fischer, has
decided to confer the prestigious Grand Decoration of Honor in Gold to
Rabbi David Niederman, Rav Tov's Chief Executive for over three
decades, which will be presented to him at a ceremony today at the
Austrian Consulate in New York. This wonderful event is not only a
testament to the resolve of the Austrian government in saving Jews in
peril, but a celebration of the strong relationship between the United
States and Austria.
Mr. Speaker, as Rav Tov's representative in Congress, I have been
privileged to work with them and the Austrian government on many
pressing issues facing Jews in danger. I would like to particularly
make mention of Austria's New York Consul General Brigitta Blaha and
the Deputy Consul General Andreas Launer for their tireless work on Rav
Tov's behalf. I encourage all of my colleagues to join me today in
commending the Austrian government and Rav Tov for their phenomenal
partnership in rescuing Jews around the world living in fear and
danger.

____________________

IN MEMORY OF PASTOR BOB KELLEY

______

HON. JOE WILSON

of south carolina

in the house of representatives

Monday, November 13, 2006

Mr. WILSON of South Carolina. Mr. Speaker, services for Dr. Bob
Kelley, 65, were held Wednesday, November 1, 2006, at Grace Baptist
Church in West Columbia, South Carolina. Officiating were Rev. Milton
Ker and Dr. Charles Walker. Thompson Funeral Home of Lexington handled
the arrangements. Interment was Thursday, November, 2, 2006, at
Lakewood Memory Gardens, East Chattanooga, Tennessee; Turner Funeral
Home handled the arrangements in Tennessee.
Precious in the sight of the Lord is the death of his saints. Psalm
116:15. Upon using every treasured moment that God had graciously
granted him in laboring and pasturing for his Lord, loving and
providing for his family, and living for and proclaiming his Savior,
Dr. Robert Earl Kelley gained his entrance into heaven on Saturday,
October 28, 2006. Born in Rossville, Georgia, he was the son of the
late Clarence Day Kelley and Daisy Lou Hall. Known to most as ``Pastor
Kelley'' he spent the last 43 years preaching and pasturing in West
Virginia, Tennessee, and in West Columbia, South Carolina, where he
recently retired as the pastor of Grace Baptist Church after 15
fruitful years of ministry. Pastor Kelley received many prestigious
awards including The Order of the Palmetto, from Governor Mark Sanford,
and The Order of Palmetto Patriot, from Lieutenant Governor Bauer and
Senator Jake Knotts.
Survived by his loving wife, April Allene Scott Kelly of West
Columbia; daughters and sons-in-law, Rachel Star Kelley Bancroft and
John Bancroft of West Columbia; Laura Dawn Kelley Phillips and Chris
Phillips of Charleston; Sharon Daye Kelley Goforth and David Goforth of
West Columbia; sisters, JoAnn Kelley Tillman and Betty Jewel Kelley
Tate both of Ooltewah, Tennessee; brother, Kenneth ``Buzz'' Kelley of
Hixon, Tennessee. He is also survived by eleven grandchildren, John
Robert Bancroft, Nathaniel Scott Bancroft, Abby Kristine Phillips,
April Lauren Phillips, Alyson Kate Phillips, Zachariah Thomas Phillips,
Holly Daye Goforth, Kelley Daye Goforth, Bailey Daye Goforth, Chloe
Daye Goforth, and Amy Daye Goforth. Dr. Kelley was predeceased by his
brother, Clarence Day Kelley, Jr.
We all look forward to the day our faith will become sight and we are
united with Christ and reunited with Pastor Kelley.

____________________

RECOGNIZING THE KLINGER FAMILY

______

HON. GINNY BROWN-WAITE

of florida

in the house of representatives

Monday, November 13, 2006

Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today to
recognize an accomplished family with nurseries in several of the
agriculture hotspots of Florida's 5th District. The entire Klinger
family has taken a leadership role in growing the Florida agriculture
industry, including fighting for increased relief funding for
communities devastated by natural disasters.
The Klingers own and manage the lake Brantley Plant Corporation of
Longwood, working as a team to grow their business and give back to
their friends and neighbors. The family owned company currently has
locations in Lake Brantley, Center Hill and Windermere.
Started by Paul Sr. and his wife Regina in the 1970s, the Klingers
today boast three generations working in the family business. Paul's
four sons Bill, P.J., Dan, and John run the nursery operations, but
still rely on Paul Sr.'s years of experience and advice.
In addition to his active role in the nursery, Bill also served as
the 2004 President of the Florida Nursery, Growers and Landscape
Association. He is involved in politics and is a tireless advocate for
the green industry and Florida agriculture.
P.J., who is the Director of Research and Development at the Center
Hill operation in Sumter County, has also taken a leadership role in
the community and serves on the Extension Advisory Board. He oversees
growing practices at all three sites and monitors compliance with Best
Management Practices. P.J.'s three sons also work for the family
business. Ben is the dispatcher at the Lake Brantley plant, Brad is in
sales and Barrett is the Assistant Nursery Manager at Lake Brantley.
Serving as the manager of the Center Hill nursery, Dan is joined by
his son Adam, who serves as the Nursery Manager at the Windermere
location, and a daughter Ashley who is in customer service.
John manages the Longwood nursery and has three children, Caroline,
Katie and Jack, who are eager to join the family business one day as
well.
Mr. Speaker, families like the Klingers deserve recognition for their
hard work and dedication to Florida's agricultural community. They have
dedicated their lives to grow their business, improving the lives of
area residents by growing and expanding their plant operations, and
bringing quality jobs to the entire region. The Klingers are to be
commended for their work and I wish them the best of luck as they
continue operations in the future.

____________________

TRIBUTE TO DR. JERRY HARDEE

______

HON. JAMES E. CLYBURN

of south carolina

in the house of representatives

Monday, November 13, 2006

Mr. CLYBURN. Mr. Speaker, I rise today to pay tribute to a lifelong
educator, who has made a tremendous impact on young Chiropractic
students. The leadership of Dr. Jerry L. Hardee has prompted South
Carolina Chiropractors to honor him with a 2006 Trailblazer Award.
Although his background is education, not Chiropractics, Dr. Hardee's
role as President of Sherman College of Straight Chiropractic led to
the college's tremendous growth and financial stability. He has
officially retired as

[[Page 21911]]

President of Sherman College, but remains Chancellor in a part-time
capacity responsible for fund-raising, public relations and enrollment
services.
Jerry Hardee began his career as a teacher in 1960. Ten years later,
he took his first administrative job as a principal and Title I Gifted
Program Coordinator in the Garfield School District in Maywood,
Illinois. Before coming to Sherman College, Dr. Hardee served for a
quarter of a century as an executive administrator at three different
institutions in the University System of Georgia. He also came out of
his first retirement in 1999 to serve as the Director of the Center for
Teaching and learning at Albany State University in Georgia.
Dr. Hardee spent 35 years as an education administrator. He holds a
doctorate degree in education and a certificate of advanced study in
educational administration from Northern Illinois University, a
master's degree in science education from Fisk University, and a
bachelor's degree in mathematics from Clark College.
While president of Sherman College, Dr. Hardee was renowned for his
work to attract more African American students to the profession of
Chiropractics. He often met with students, faculty and health care
profession advisors at Historically Black Colleges and Universities to
encourage more minority student interest in a profession dominated by
non-black practitioners. His goal is to make the field more accessible
to African Americans as a career option.
Mr. Speaker, I ask you and my colleagues to join me as I pay tribute
to this trailblazing educator, who believes in promoting Chiropractics
in minority communities. His leadership on this issue demonstrates his
dedication to the profession and qualifies him for this outstanding
recognition by practicing Chiropractors.

____________________

LETTER OF CLARIFICATION FROM THE BURT LAKE BAND OF OTTAWA AND CHIPPEWA
INDIANS

______

HON. BART STUPAK

of michigan

in the house of representatives

Monday, November 13, 2006

Mr. STUPAK. Mr. Speaker, during hearings held in 1997 by the House
Resources Committee, representatives of the Burt Lake Band of Ottawa
and Chippewa Indians provided testimony that confused some land rights
claims in Northern Michigan.
These statements were not approved by the Burt Lake Band's Tribal
Council. As a result Mr. Curtis Chambers, Chairman of the Burt Lake
Band, has written an open letter to members of Congress, to correct the
record on this issue.
Without objection, I request that the following letter from the
Chairman of the Burt Lake Band be included into the Congressional
Record.

The Burt Lake Band of

Ottawa and Chippewa Indians, Inc.,

Brutus, Michigan, October 25, 2006.
Dear Members of the U.S. Congress: During June 24, 1997,
hearings held before the House Natural Resources Committee,
the individuals who were charged with presenting the Burt
Lake Band of Ottawa and Chippewa Indians' formal position on
the Michigan Indian Lands Claims Settlement Act, P.L. 105-
143, made some statements which require correction. Those
statements suggested that the Burt Lake Band of Ottawa and
Chippewa Indians was and is claiming rights in lands in
Michigan's Emmet and Charlevoix Counties, Beaver Island, High
Island and Garden Island. Unfortunately, those statements
were made without the prior approval of the Burt Lake Band's
Tribal Council and they were and are factually inaccurate.
During those same hearings, those same Burt Lake
representatives also presented the House Resources Committee
with a map which they suggested was an accurate
representation of the Burt Lake Band's aboriginal territory.
That map was not an accurate representation of that territory
and it should never had been presented for that purpose.
To complete this clarification, the Burt Lake Band would
like to note that its research has confirmed that the Little
Traverse Bay Bands of Odawa Indians did, in fact, receive
allotments in southwestern Cheboygan County, Michigan and
that the Burt Lake Band respects the Little Traverse Band's
right to assert any and all rights which stem from the award
of those allotments.
Because the historical records of the United States
Congress are often used by law makers, attorneys and
historians, we would greatly appreciate your assistance in
seeing that this letter is printed in the Congressional
Record of the United States House of Representatives to make
the above stated corrections.
Cordially,
Curtis Chambers,
Chairman.

____________________

RECOGNIZING JOSEPH E. JOHNSTON, JR. OF BROOKSVILLE, FLORIDA

______

HON. GINNY BROWN-WAITE

of florida

in the house of representatives

Monday, November 13, 2006

Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today to
recognize Joseph E. Johnston, Jr., the winner of the 2006 Great
Brooksvillian of the Year Award. The Award is presented annually to a
current or former resident who has made a significant impact on the
city of Brooksville.
Mr. Johnston has a long record of service to the city and to the
entire community. Born in 1922, Mr. Johnston has served with
distinction as a Florida State Senator and the attorney for the city of
Brooksville and the Hernando County School Board.
In addition to his personal service to the city, Mr. Johnston's son,
City Council member Joe Johnston III, has continued the family's
commitment to public service. At the council meeting where Mr.
Johnston's award was first announced, it was his son Joseph who thanked
his fellow council members on behalf of his family.
Mr. Speaker, the city of Brooksville is lucky to have a man like
Joseph E. Johnston, Jr. to take an active role in our community. I am
proud to recognize his accomplishments, and congratulate him on being
named the 2006 Brooksvillian of the Year.

____________________

TRIBUTE TO JAMES AND CAROL McDOWELL

______

HON. LYNN C. WOOLSEY

of california

in the house of representatives

Monday, November 13, 2006

Ms. WOOLSEY. Mr. Speaker, I rise today to honor my constituents James
and Carol McDowell on the occasion of their 50th wedding anniversary,
October 27, 2006.
Jim and Carol were high school sweethearts in Petaluma, CA, where
they met when Jim was a senior and Carol was a sophomore. Recently, the
couple's 17-year-old granddaughter learned that they had been married
when Carol was right out of high school and exclaimed, ``Gram, you got
married at 18! How could you?''
Jim was the third generation to operate the family dairy ranch just
outside of town. His son Michael, ``Mike,'' now runs the operation as
an organic farm, adding strawberries and tomatoes to the dairy
operation. Mike and his wife Linda have two children, Ryan and Shannon.
Patrick, ``Pat,'' the couple's other son, is Asian editor for the
Associated Press, covering 34 Asian countries. He and his wife Solzck
live in Bangkok, Thailand.
Mr. Speaker, 50 years together is a wonderful testament to Jim and
Carol's love and commitment. Jim summed up what makes it work when he
told me, ``Carol has always been special.'' Congratulations to them on
this happy occasion.

____________________

TRIBUTE TO SERGEANT MICHAEL R. WEIDEMANN

______

HON. JAMES R. LANGEVIN

of rhode island

in the house of representatives

Monday, November 13, 2006

Mr. LANGEVIN. Mr. Speaker, it is with profound sorrow that I rise to
recognize the loss of a brave soldier in Iraq, SGT Michael R.
Weidemann, a resident of Newport who served his country with dignity
and honor. I join his family and the people of Rhode Island in mourning
this great loss.
Sergeant Weidemann was born in Canada and moved to Middletown, RI,
with his family when he was 7. In 2001, he graduated from Rogers High
School, where he attended the Newport Area Career and Technical Center
and participated in the automotive program. He was also an honor
student and an active member of the JROTC program.
One month after graduating from high school, Sergeant Weidemann
pursued his interests by enlisting in the Army as an auto mechanic and
joined the 1st Battalion, 36th Infantry Regiment of the 1st Brigade,
1st Armored Division. After serving one tour in Iraq, Sergeant
Weidemann was nearing the end of his second tour when, on October 31st,
he was killed while on patrol near Hit, in Anbar Province.

[[Page 21912]]

Those that knew Sergeant Weidemann remember his optimistic
personality, his loyalty, his hard work and willingness to fix
everything. Most importantly, he had a positive impact on all who knew
him. This loss certainly causes us all to reflect on the bravery
demonstrated by our men and women in uniform as they carry out their
obligations in the face of danger. When Sergeant Weidemann's Nation
called him to duty to preserve freedom, liberty and security, he
answered without hesitation. We will remember him as a patriot who made
the ultimate sacrifice for his country.
Sergeant Weidemann is survived by his grandmother, Gertrude K.C.
Miller; his sister, Catharine E. Weidemann; and his brothers, Richard
L. Weidemann and Edward R. and Benjamin J. Berriault. May we keep his
loved ones in our thoughts and prayers as they endure this difficult
period, and may his memory live on forever.
We will also continue to hope for the safe and speedy return of all
of our troops serving throughout the world.

____________________

RECOGNIZING THE 150TH ANNIVERSARY OF THE CITY OF BROOKSVILLE, FLORIDA

______

HON. GINNY BROWN-WAITE

of florida

in the house of representatives

Monday, November 13, 2006

Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, 150 years ago two
rural communities, Melendez and Pierceville, merged to form the city we
know today as Brooksville, FL. Located in the heart of Florida's Nature
Coast, since its founding in 1856, Brooksville has grown into a
community with a rich history and unique traditions.
Unlike many Florida towns, Brooksville is not named for a local
resident or indigenous Indian Tribe, but for one of the 19th century's
foremost spokesmen in the halls of Congress, Preston Brooks. Mr. Brooks
of South Carolina was a Member of the U.S. House of Representatives
from 1853 to 1856, and is the city's namesake. The citizens of Hernando
County admired his defense of States' rights and voted to give the
county's largest settlement his name.
In 1856, the city of Brooksville was still in an unsafe part of the
State. Located in the northeastern corner of the city is the historic
Fort Desoto. This fort was used as a trading post and a military fort,
providing protection as well as leading the economic growth of the
region.
Originally settled by four families, Brooksville eventually grew into
a flourishing commercial and residential community. The Howell family
settled in the northern part of the city, the Mays family in the
eastern section, the Hale family in the western section and the Parson
family in the southern region. These four families helped contribute to
the growth of the city and of the entire region.
Today Brooksville houses numerous modern medical facilities, a
community college, three city parks, an outstanding library, thriving
shopping centers, and a regional airport.
Mr. Speaker, I congratulate the city of Brooksville on its 150th
anniversary. It has taken the combined efforts of generations of proud
Brooksvillians to grow and strengthen this great city and make it what
it is today. I wish the city of Brooksville the best of luck with their
anniversary celebrations and good fortune during their next 150 years.

____________________

TRIBUTE TO OFFICER JERRY A. HOWARD

______

HON. KENDRICK B. MEEK

of florida

in the house of representatives

Monday, November 13, 2006

Mr. MEEK of Florida. Mr. Speaker, I rise today to congratulate Jerry
A. Howard on his retirement from the United States Capitol Police.
Securing the United States Capitol Building and ensuring the safety of
all individuals who work and visit here is a great responsibility that
Officer Howard faithfully undertook for 33 years of honorable and
dedicated service. While Officer Howard's presence on Capitol Hill will
be missed, his retirement is a celebratory occasion and I wish him and
his family continued success as they embark upon this next chapter in
life.
Officer Howard began his career with the United States Capitol Police
on November 12, 1973 with the House Division Second Relief, working
traffic duty until 1994. He was then transferred to inside details
until his retirement. Officer Howard received numerous awards and
citations during his years of service.
Officer Howard is a charter member of the U.S. Capitol Black Police
Association, where he served as Chaplain, and for the last six years
was Vice President of that association.
Prior to working for the United States Capitol Police, Officer Howard
served two years in the United States Marine Corps from 1968 to 1970,
including 13 months in Viet Nam. He joined the Marine Corp Reserves in
1975 and retired in 1995 as a Gunnery Sergeant in the VFMA-321 Air
Wing.
Officer Howard and his wife Gloria will celebrate their retirement
years in the new family home in Goldsboro, North Carolina.
This is a special occasion for Jerry and Gloria's five children;
Frank, Trey, Larry, Sherry and Shannon, and their four grandchildren;
DaJuan, Jayme, Taveon, and Kameron, two daughters-in-law; Gloria and
Quianna and their extended family members; Lorie and Paul Southern.
Officer Howard is thankful to his parents, the late Robert and Alean
Howard, who encouraged him to succeed in life, and his nine siblings
for their continued support and encouragement.
Officer Howard protected this Nation during wartime overseas and at
home, here at the U.S. Capitol. He is a patriot, guided by loyalty,
honor and duty. This Nation is indebted to Officer Howard for a
lifetime of service. His retirement is well deserved, and I
congratulate him on achieving this milestone.

____________________

IN HONOR OF MRS. MARY BALL MORTON

______

HON. MICHAEL N. CASTLE

of delaware

in the house of representatives

Monday, November 13, 2006

Mr. CASTLE. Mr. Speaker, it is with great pleasure that I rise today
to pay tribute to Mrs. Mary Ball Morton upon her retirement after 28
years of dedicated service working for the Delaware Department of
Services for Children, Youth and Their Families.
The Delaware Department of Services for Children, Youth and Their
Families mission is to provide and manage a range of services for
children who have experienced abandonment, abuse, mental illness,
neglect, or substance abuse. Its services include prevention, early
intervention, assessment, treatment, permanency, and after care. The
Department attracts and retains proud and talented individuals who are
motivated to ``Think of the Child First'' in all that they do.
Mrs. Morton has been an inspiring example of a person who ``thinks of
the child first'' all of her professional life. Mrs. Morton's
distinguished career has had many different facets, yet they all
reflect back to a person who has been steadfastly dedicated to
improving the lives of children. Initially, Mrs. Morton worked to
develop foster care policy, and ensure that the foster care throughout
the State was adequate and working to improve and enrich children's
lives. During Mrs. Morton's career, she has overseen the administration
of the State of Delaware's adoption program, court liaison services,
quality assurance and improvement programs.
Mrs. Morton's commitment to children is constant; now that Mrs.
Morton is retiring from State employment, she is focusing her energy
and support on the 21st Century Fund for Delaware's Children. The 21st
Century Fund for Delaware's Children will provide a critical bridge
between the limited resources of State and non-profit agencies and
underserved children by supporting activities that will help children
develop socially and academically.
Mr. Speaker, in closing, I would like to wish Mrs. Morton success in
all her future endeavors, and I would like to thank her for her years
of dedicated advocacy and for her years of personal friendship.

____________________

INTRODUCING DR. SHELLEY SEKULA-GIBBS

______

HON. RALPH M. HALL

of texas

in the house of representatives

Monday, November 13, 2006

Mr. HALL. Mr. Speaker, I am honored today to introduce and welcome
Dr. Shelley Sekula-Gibbs, the newly elected Member of Congress from the
22nd Congressional District who will be sworn in tonight.
Dr. Sekula-Gibbs is a 5th generation Texan and a medical doctor and
teacher. Tonight, she will make history when she becomes the first
female physician to serve in the U.S. House of Representatives.

[[Page 21913]]

She has dedicated herself to serving the citizens of Houston for
several years. Before her election, she served for three terms as an
At-Large member of the Houston City council. In that role, she helped
advance property tax reform and strengthen the city's police force. She
also helped found the Ellington Field Task Force, which kept Ellington
Field open and operating as a Joint Reserve Base.
She has also volunteered countless hours to serve the citizens of
south Texas. She served as a volunteer medical doctor and teacher at
the Baylor College of Medicine, she shapes the next generation of
healers.
She helped found the Provider Health Network, a group that cares for
uninsured patients. As president of the ``Healthy Houston Foundation''
she raised money for clinics that provide medical care to the needy.
She has also volunteered her time to take care of our Nation's veterans
in several Veterans Hospitals across the Nation.
As a businesswoman and community leader, Dr. Sekula-Gibbs has brought
together municipalities, organizations, and businesses to create jobs
and economic development in the south Texas region. She understands the
importance of reforming our current tax code and reducing our debt.
As a founding member of the Sylvan Rodriguez Foundation--an
organization that provides students in the Houston area with the
opportunity to study space, medicine, and science--she is committed to
advancing America's technological and scientific leadership. As a
mother and grandmother, she also understands the importance of
strengthening families and communities.
While Dr. Sekula-Gibbs will be sworn in today, she will only be with
us in Washington for a short time. She had a very successful special
election--she received over 77,000 votes en route to victory. She ran a
good campaign for the 110th Congress, but she faced many difficult
procedural challenges.
Despite her short run, the future looks bright for Dr. Sekula-Gibbs.
I look forward to working with her in the final weeks of this Congress,
and I wish her the best of luck in the future.

____________________

A TRIBUTE TO CONGRESSMAN JAMES CLYBURN

______

HON. MAJOR R. OWENS

of new york

in the house of representatives

Monday, November 13, 2006

Mr. OWENS. Mr. Speaker, in the past I have often had the delight of
saluting my departing colleagues with a tribute in Rap poetry. At this
point, however, circumstances have been reversed and I am departing. As
I leave it will be my pleasure to offer some brief portraits in words
describing the very able women and men I leave behind. I would like to
begin with Jim Clyburn. I visited his State on two different occasions
and I was impressed by the fact that everyone had very strong opinions
about Jim. They either feared him or they admired him. That is one sign
of true greatness. The composite opinion of Jim which emerged was one
of a great conciliator, a leader with a keen understanding of the fact
that politics is the art of compromise but the compromise must always
be an honorable and productive one.
A lighthearted summary of Jim's special assets is reflected in the
following Rap poem.

Mister Jim

With a bounty of transportation bucks
Freshman Clyburn showed he was clever;
All the South Carolina clubhouse boys
Danced Dixie up and down
Cheering Mister Jim and diversity forever.
Mister Jim
Made Mister Charlie look cheap,
Sowing his seeds of sunburned charm
A lots more dollars
Congressman Clyburn managed to reap.
Before he agrees to negotiate
Mister Jim dangles the right bait;
From smoke filled rooms
He emerges with fat surprises;
Mister Jim
Never despises compromises.
Mister Jim rescued
Bill Clinton's Black politics career;
When affirmative action fumbling
was about to end it
Mister Jim talked to Bubba
And convinced him to merely mend it.
Mr. Jim can display
Warm understanding affectionate appeal
But the world is a better place
Cause Mister Jim
Knows how and when to deal.

____________________

TRIBUTE TO ANTHONY ZAGAMI

______

HON. NICK J. RAHALL II

of west virginia

in the house of representatives

Monday, November 13, 2006

Mr. RAHALL. Mr. Speaker, I rise today in recognition of Anthony J.
``Tony'' Zagami, a true public servant who will retire from the U.S.
Government Printing Office at the end of this year.
I have known Tony since the mid-1960s, when I was an intern in the
office of Senator Robert C. Byrd, D-WV, and Tony was a Senate page.
Over the years, Tony has been a great friend to me, to my family and to
the people of West Virginia, and he will certainly be missed here in
the legislative branch.
However, let no one argue that Tony has not earned his retirement.
After spending 25 years working for the U.S. Congress, Tony left
Capitol Hill to become the General Counsel of the GPO. When he departs
at the end of the year, he will have set a record as the GPO's longest-
serving General Counsel.
Throughout his career, both here on the Hill and at the GPO, Tony was
known for his dedication and commitment to public service. He has been
the recipient of numerous awards and recognitions for outstanding
performance and achievement.
I thank Tony for his outstanding service and for his friendship over
years. The qualities he embodies are getting harder and harder to find
nowadays.
May God bless this admirable man and his family as he begins his next
chapter.

____________________

TRIBUTE TO BUCK O'NEIL

______

HON. DENNIS MOORE

of kansas

in the house of representatives

Monday, November 13, 2006

Mr. MOORE of Kansas. Mr. Speaker, I rise today to pay tribute to Buck
O'Neil, an internationally renowned, distinguished Kansas Citian, who
died on October 6th at the age of 94.
John Jordan ``Buck'' O'Neil was born the grandson of slaves in
Carrabelle, Florida, on November 13, 1911. He acquired his love for
baseball at a young age from his father, who played for the local team
when he wasn't working as a foreman in the celery fields. As a
teenager, Buck realized that he wanted to do something more with his
life, but times were difficult throughout the country during the Great
Depression, and he had received little formal education because the
local high school was segregated.
When his father told him that, ``There is something better, but you
can't get it here, you're gonna have to go someplace else,'' Buck made
the decision to try his luck as a baseball player in the semi-
professional barnstorming leagues that traveled the entire country. It
didn't take him long to attract the attention of the Memphis Red Sox of
the Negro American League, who signed him to his first professional
contract in 1937. After a year of playing for the Red Sox, Mr. O'Neil's
contract was purchased by the Kansas City Monarchs--the team with which
he would spend the rest of his playing career.
The Monarchs were the most successful team in the history of the
Negro Leagues, winning the most titles and producing the best players.
While playing for Kansas City, Mr. O'Neil won batting titles in 1940
and 1946 and led his team to a convincing victory in the 1942 Negro
World Series. He batted .353 as the Monarchs swept the Homestead Grays,
4-0. He was also selected to play in three Negro American League All-
Star Games, and would likely have accomplished more during his playing
career had it not been for World War II; Mr. O'Neil dutifully served
his country for 2 years by completing a tour in the United States Navy
from 1943-1945.
Buck stayed with the Monarchs through the end of the 1955 season,
serving both as a player and as the team's manager for the final 8
years of his time in Kansas City, all the while facing the harshness of
separation and discrimination in a country that was still segregated.
Thanks in part to the significant accomplishments of his Monarchs
teammate Jackie Robinson, who broke down racial barriers by joining the
Brooklyn Dodgers of Major League Baseball in 1947, Buck too was able to
join a rapidly-integrating MLB as a scout for the Chicago Cubs. In
1962, he became the first African American coach in the Majors. During
his storied career with the Cubs, Mr. O'Neil was responsible for the
development of many great major leaguers, like Joe Carter, and he also
signed two future Hall of Fame players--Lou Brock and Ernie Banks.
After 33 years with the Cubs, Buck returned home in 1988 to scout for
the Kansas City Royals.
Despite his myriad accomplishments on the field as a player, manager,
and coach, it is

[[Page 21914]]

Buck O'Neil's accomplishments off the field that demonstrate his love
for the game of baseball and his commitment to the essential role that
the Negro Leagues played in the integration of both American sport and
American society. In 1990, O'Neil was a leader in the effort to create
the Negro League Baseball Museum in Kansas City, Missouri. The Museum,
located in the historic 18th and Vine district of downtown Kansas City,
has excelled for nearly a decade in its mission of educating all
Americans about the rich and important history of the Negro Leagues.
Buck served as the Board Chairman for the Museum and actively promoted
its messages of understanding and triumph over adversity. In addition
to his work with the Museum, Mr. O'Neil served as a member of the
Baseball Hall of Fame Veterans Committee from 1981-2000, working hard
to ensure that many of the Negro League players who had been denied
entrance into the Major Leagues because of segregation were able to
gain a deserved entrance into the Baseball Hall of Fame in Cooperstown.
After devoting so many years of his life to promoting the
accomplishments of others, many believed that the time for Buck's
recognition had finally arrived in the spring of 2006, when he was on a
special ballot for entry into the Hall of Fame. Shockingly, the
Committee chose not to induct Mr. O'Neil, to the dismay of many--but
not Buck. Unaffected by the Hall's decision, he took the high road and
offered to speak at the induction ceremony on behalf of those selected,
because many of them had passed on. On June 30, 2006, Buck selflessly
honored all 17 individuals related to the Negro Leagues who were
inducted, giving an inspiring speech and instructing all audience
members to hold hands and join him in song. The ovation he received was
the loudest and longest of the ceremony.
At the time of his death, Buck O'Neil's efforts were focused on the
John ``Buck'' O'Neil Education and Research Center. Scheduled for
completion in late 2007, the Center will be an expansion of the Negro
Leagues Baseball Museum devoted to teaching people of all ages many
different aspects of the Negro leagues and baseball. The 45,000 square
foot facility will house extensive archives and promises to devote much
of its space and funding to state-of-the-art technology and programs
that will teach many different things to many different people.
Mr. Speaker, I am pleased to have this opportunity to honor the life
of Buck O'Neil, because of his accomplishments while playing and
managing in the Negro and Major Leagues, because of his work with the
Negro League Baseball Museum, because of his devotion to those who
shared in his struggle, valuing their legacies more than his own, and
most of all, because of his immense contributions to the game of
baseball and American society. When acclaimed documentary filmmaker Ken
Burns made his film Baseball in 1994, he chose Buck O'Neil as the
narrator, because no other individual better captures the history and
legacy of our American pastime. He was truly the game's ambassador, and
his spirit will be sorely missed.

____________________

A TRIBUTE TO PAUL DE LA GARZA

______

HON. C.W. BILL YOUNG

of florida

in the house of representatives

Monday, November 13, 2006

Mr. YOUNG of Florida. Mr. Speaker, I rise to pay tribute to Paul de
la Garza, a hard charging newspaper reporter for The St. Petersburg
Times with a generous heart of gold who died on October 29, 2006.
Many of our colleagues worked with Paul as he reported on stories
affecting our national security and the health care of our country's
veterans. Paul was an outstanding investigative reporter who mined his
many sources to effect necessary changes in the way in which we deliver
medical care at our Department of Veterans Affairs medical centers. He
also spent time earlier this summer in Iraq as he did extensive
reporting on the war there and the role U.S. Central Command plays in
managing our troops on the ground.
Paul was more than a reporter though. He was first and foremost an
outstanding husband to his wife Georgia and a loving father to his two
children Monica, 12, and Carlos, 11, both of whom he adopted from
Mexico.
His is the story of the American dream, growing up poor in a small
Texas town. He worked 40 hour weeks as a fourth grader to help out his
family. Later he delivered newspapers and waited tables to put himself
through college at the University of Texas. He was a reporter with the
Associated Press and Chicago Tribune before becoming a regular on the
front pages of The St. Petersburg Times as a reporter in the Washington
and Tampa bureaus.
Following my remarks, Mr. Speaker, I would like to include tributes
to Paul from The St. Petersburg Times, The Tampa Tribune and The
Chicago Tribune. They speak to Paul's success as a reporter but more
importantly his compassion and love for his family, his friends, and
for those most in need of help.
Mr. Speaker, I knew Paul de la Garza as a reporter, but I will
forever miss him as a very special friend who always kept life's
priorities in order. My prayers go out to Paul's family, especially to
Georgia, Monica and Carlos, as they deal with the loss of a great man,
a great husband and a great father.

[From the St. Petersburg Times, Oct. 30, 2006]

Passionate Reporter ``Never Met A Stranger''

Paul de la Garza, a hard-driving St. Petersburg Times
reporter whose passion for the big story was matched by love
of family, died Sunday (Oct. 29, 2006) after an apparent
heart attack.
Mr. de la Garza, 44, who had survived a heart attack 2
years ago, collapsed at his Davis Islands home about 10 a.m.
after complaining of chest pains. He was taken by ambulance
to Tampa General Hospital, where he died about 1 p.m.
As a journalist, Mr. de la Garza was widely respected for
mining sources and breaking big stories, most recently about
VA hospitals and the Special Operations Command at MacDill
Air Force Base.
``He was a driving investigative reporter. This is very
shocking,'' said U.S. Rep. C.W. Bill Young, a frequent source
for Mr. de la Garza, sometimes dinner companion and
occasional target. ``He was very respected by the folks I
know. They trusted him.''
Young's wife, Beverly, recalled tears running down de la
Garza's face, as she led him through VA wards full of wounded
soldiers.
``Paul is really compassionate. He really cares,'' she said
Sunday. ``He's the most wonderful Democrat I ever knew. I
can't believe this has happened to him and Georgia and the
kids. This is wrong.''

Texas upbringing

Mr. de la Garza was born in Port Isabel, Texas, near
Brownsville, one of six children.
His father was a shrimper and his heritage was Mexican,
though he sometimes pointed out that some ancestors lived in
Texas before the United States annexed it. His given name was
Jesus Pablo, but friends called him Jesus only when they
wanted to annoy him.
By fourth grade, he was working 40 hours a week, collecting
bait for fishermen, his wife, Georgia, said.
He waited tables and worked at the school newspaper to earn
his way through the University of Texas. Then he worked his
way up the ranks of the Associated Press, with stints in
Chicago, Southern Illinois and Newark, N.J.
Mike Konrad, now Hernando Times editor, was managing editor
of the Southern Illinoisan, in Carbondale, when Mr. de la
Garza was posted there for the AP.
``This was a guy who could work sources like nobody I've
ever seen in my life,'' Konrad recalled. ``Within weeks of
getting there, he was getting stories our reporters were
missing, just because he had met so many people. And there
was nobody in the world who would not talk to Paul.''
Sometimes, boldness and charm was all it took. As the
Chicago Tribune's Mexico City bureau chief, Mr. de la Garza
interviewed Latin American presidents and rebel leaders
alike. On assignment in Cuba, he ran into Milton Berle and
asked him for a cigar-smoking lesson.
``I still have the cigar box that Milton Berle signed for
him,'' said Georgia de la Garza. ``They smoked Cohibas
together.''
Once, when Mr. de la Garza was vacationing in New Orleans,
a limousine driver pointed out Fats Domino's house. Mr. de la
Garza jumped out with a video camera and talked his way in,
where Domino's band was practicing for a Jazz Fest
performance. Fats, himself, stayed in back of the house.
``Paul never met a stranger,'' recalled Times colleague Tom
Scherberger, who witnessed the scene. ``He introduces himself
and we are hanging out with Fats Domino's band. Finally, one
of the band politely says that Fats won't come out until we
leave. Only later, did we discover that Paul had pushed the
button wrong on the camera and we never got any video.''
Mr. de la Garza first worked at the Times from 1992 through
1994, where he covered Tampa police news, wrote a column, and
helped edit the Tampa section.
Then he worked for the Chicago Tribune for six years, both
in Mexico City and in Chicago, where he was a reporter and
assignments editor.
He returned to the Times in 2000, in part, because he and
his wife wanted a more stable environment for two orphans
they had adopted in Mexico City--Monica, now 12, and Carlos,
11.
``The two things he cared the most about were his family
and his work,'' said John Dunn, longtime friend and Tampa
General spokesman. ``Just about every conversation

[[Page 21915]]

we had sitting over pints were about Georgia and the kids.
``No matter how bad a day he had, that put him in good
spirits.''
It wasn't just the children. The de la Garza house often
was opened to extended family. When Georgia's brother died,
they took in her niece. When Paul's father had a stroke, they
took in his parents.
During his second stint at the Times, Mr. de la Garza
covered the Pentagon, the military and veterans affairs. Last
summer, he wrote a detailed, insider's look at Army Gen. John
Abizaid, head of U.S. Central Command, as he toured
Afghanistan and Iraq.
``This is a heartbreaking loss. He really went after
stories because they would make a difference in the lives of
goodhearted folks,'' said Paul Tash, Times editor, chairman
and CEO. ``He had so much to offer both as a father and
husband and also as a reporter.''

Cancer survivor

In 2001, Mr. de la Garza was diagnosed with Hodgkin's
disease and underwent extensive cancer treatments. After 2
years with no recurrence, he and his wife rented a B&B in his
beloved New Orleans and celebrated with about 40 friends from
around the country. One photograph shows him in a colorful
hat, a Jazz Fest scarf around his neck and sunglasses.
``Paul the journalist was very different than Paul, the
regular guy,'' recalled Sandra Gadsden, the Neighborhood
Times editor.
``The journalist was a stickler for detail. He would hang
on every sentence. Paul the man was just a fun-loving laid-
back guy.''
Mr. de la Garza is survived by his wife; daughter Monica
and son Carlos: mother, Jesusa de la Garza and sister Via
Camacho, both of Austin, Texas, and brothers Eduardo of
Houston and Alberto of Galveston, Texas.
Funeral services have not been set.
____

[From the Tampa Tribune, Oct. 30, 2006]

Times' Military Reporter Dies

(By Mark Holan)

Tampa.--Paul de la Garza, military and veterans affairs
reporter for the St. Petersburg Times, died Sunday of an
apparent heart attack. He was 44.
A cancer survivor, de la Garza was described by his friend
and editor, Pat Farnan, as a strong reporter who enjoyed
spending time with his family.
He is survived by his wife, Georgia, and two children,
Carlos and Monica.
For a September profile of Army Gen. John Abizaid, de la
Garza spent five days traveling in the Persian Gulf,
Afghanistan and Iraq.
``Paul was definitely among the more assertive, if not
industrious, journalists who had the military beat,'' said
Lt. Col. Mike Escudie, media affairs officer for Central
Command. He said the Abizaid profile got good reviews from
the military.
``It was a testament to his professionalism,'' Escudie
said.
``He had tremendous passion for his work,'' said Farnan,
the Times' interim metro editor who supervised de la Garza in
recent years.
De la Garza joined the Times' Tampa bureau in 1992 after
eight years of reporting for The Associated Press. He left to
work as a Mexico City correspondent for the Chicago Tribune,
then rejoined the Times in August 2000 in Washington, DC, as
the national security and foreign affairs reporter. He later
returned to Tampa and lived on Davis Islands.
De la Garza earned a bachelor's degree from the University
of Texas in Austin.
In June 2002, de la Garza was diagnosed with Hodgkin's
disease, a form of cancer. Soon he was physically and
mentally worn out by his chemo treatments.
A five-minute meeting at the White House that September
with cancer survivor and Tour de France champion Lance
Armstrong, a fellow Texan, led the reporter to an unexpected
inspiration for his recovery.
``I don't have to turn to the rich and famous, to the
heroes of the sports world, to get me through the anxiety,
the depression, the fear of the what-ifs,'' de la Garza wrote
in the Times. ``My heroes are right in front of me, ordinary
folks who every day make my life better.''
____

[From the Chicago Tribune, Oct. 30, 2006]

Journalist Known for Empathy

(By Flynn McRoberts and Tonya Maxwell)

Paul de la Garza, the son of a shrimper who rose from the
poverty of south Texas to become a columnist and foreign
correspondent for some of America's top news organizations,
died of a heart attack Sunday in his Tampa home.
Mr. de la Garza, 44, drew on his modest circumstances to
bring an empathy to his stories for the Chicago Tribune, the
St. Petersburg Times of Florida and the Associated Press.
Whether it was revealing computer-system fiasco at the
Department of Veterans Affairs or chronicling the ragged life
of a street vendor on Chicago's West Side, Mr. de la Garza
cared intensely about the people he wrote about, said his
wife, Georgia.
Mr. de la Garza spent more than two decades in journalism,
working as a police reporter, a wire-service editor, a
columnist and a foreign correspondent. Most recently, he was
a reporter for the St. Petersburg Times, where his stories
about the VA's troubled computer system resulted in the
massive project being shut down.
``He always wanted to get to the truth. He was very
passionate about it,'' his wife said. Of his VA coverage, he
had recently told her: ``I know I've made a lot of headway,
but there's so much more to do--so much more to do.''
Last month, the St. Petersburg Times published Mr. de la
Garza's account of visiting Qatar in July with Army Gen. John
P. Abizaid, Commander of U.S. Central Command. Mr. de la
Garza had been trying to accompany the general for years,
said Mike Konrad, an editor at the St. Petersburg Times and
friend since 1986, when the men met as journalists in
Carbondale, IL. ``It was one of his coups,'' Konrad said.
``He told me when he came back how the general told his staff
to give him access to everything on the trip.''
As a journalist, Mr. de la Garza was a master at
cultivating sources and connecting with people, be they
office workers, political figures or top generals, Konrad
said.
``He'd been writing a lot about problems at the VA, it was
so symbolic of the type of work he did. He really believed in
the mission of journalism. When he saw wrongs, he really
wanted to make them right. He wanted to expose wrongdoing.''
Mr. de la Garza was born in Port Isabel, Texas, where his
father was a shrimper and his mother worked as a hotel maid.
He began working in the 4th grade, selling bait to
shrimpers along the Gulf of Mexico waters off South Texas.
One of six children, Mr. de la Garza, known as Chuy to
friends and family, first considered writing as a career in
junior high school.
Intending to study political science at the University of
Texas at Austin, Mr. de la Garza took a journalism class and
loved it. He worked as a reporter and editor at the student
paper and then was offered a job in the Chicago bureau of the
Associated Press.
``He had a nickel in his pocket when the AP offered him a
job,'' his wife said. ``His mom bought him a suit at Sears,
and his brother gave him the money to fly to Chicago. When he
first got there, he slept on his trench coat until he got his
first paycheck. And some colleagues at the bureau gave him
furniture.''
Mr. de la Garza met his wife, a chef and artist, while he
was working in southern Illinois for the Associated Press.
She said she fell in love with him on their first date,
Valentine's Day, when he serenaded her at a restaurant. In
1994, Mr. de la Garza came to the Chicago Tribune as a metro
reporter, and later became a foreign correspondent in the
Mexico City bureau, an assignment he relished, said George de
Lama, then the associate managing editor for foreign and
national news.
``Paul was someone who was always willing to do any story
no matter where it took him. He was one of the first Latinos
on our staff to be a foreign correspondent,'' said de Lama,
now deputy managing editor, news. ``Paul loved being a
foreign correspondent, where the assignment is more of a life
than it is a job. I think he was happiest when he was living
that life on the road looking for stories.'' While serving as
the Tribune's Mexico City bureau chief, Mr. de la Garza and
his wife adopted two children in 2000--Monica, now 12, and
Carlos, 11.
He left the Tribune in 2000 and moved to Washington, DC, to
return to work for the St. Petersburg Times before moving to
the newspaper's Tampa bureau.
A jazz music fan, Mr. de la Garza made an annual pilgrimage
to the New Orleans jazz fest with a group of acquaintances.
One of those festivals stood out for friends and family: the
2003 version, when loved ones converged from around the
country to celebrate Mr. de la Garza's having beaten
Hodgkin's lymphoma.
In addition to his wife and children, Mr. de la Garza is
survived by his mother, Jesusa, two brothers and a sister.
Services are pending.

____________________

TRIBUTE TO TANYA RAND

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Monday, November 13, 2006

Mr. TOWNS. Mr. Speaker, I rise today in recognition of Tanya Rand, a
distinguished citizen of Brooklyn, New York. It behooves us to pay
tribute to this outstanding woman and I hope my colleagues will join me
in recognizing her impressive service.
Born to Natalie and Caesar Campbell in Brooklyn, New York, Tanya Rand
remains a part of the Clinton Hill community today. Ms. Rand is a
product of the New York public school system and currently attends New
York Technical College where she is working towards a Bachelor's degree
in Technology.
In 1992, Ms. Rand joined the Health and Hospital Corporation as a
part-time receptionist/clerk at one of Cumberland Diagnostic and
Treatment Center's off sites. While with the Health and Hospital
Corporation, Ms. Rand has enjoyed numerous promotions. She has worked
in the Cumberland Diagnostic and Treatment Center Chemical Dependency
Department, the Office of the Director of Community Affairs, and the
North Brooklyn Health

[[Page 21916]]

Network Community. Ms. Rand's many talents did not go unnoticed. In
2004, Tanya was asked to manage the Community Affairs Office and became
the liaison to both the Community Advisory Board and Auxiliary Board
for Cumberland Diagnostic and Treatment Center.
Ms. Rand is the proud mother of two children, Lindsey Marie, age 17,
and Jassiem Jahi, age 13. Although Ms. Rand was busy with her job and
raising two children, she also found time to be active in her
children's education and her community. She was PTA President for the
District 13 PTA Council and was recognized as a ``Parent on the Move''.
The Board of Education changed and her children moved on to different
schools, but Ms. Rand still found time to help parents that were in
need of support. She also helps in the political arena. Most Brooklyn
elected officials know they can count on Ms. Rand whenever they call on
her.
Mr. Speaker, I believe that it is incumbent on this body to recognize
the work of Tanya Rand. Her deep commitment to her family and community
makes her most worthy of our recognition today.

____________________

TRIBUTE TO HECTOR B. FERNANDEZ

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Monday, November 13, 2006

Mr. TOWNS. Mr. Speaker, I rise today in recognition of Hector B.
Fernandez, an accomplished professional and model citizen of New York.
It behooves us to pay tribute to this outstanding man and I hope my
colleagues will join me in recognizing his impressive service.
Hector B. Fernandez was born in the Dominican Republic to Mercedes
and Benjamin Fernandez. At the age of 7, his family immigrated to the
United States and settled in the borough of Manhattan, New York. He was
reared in a traditional Latino home where hard work and education is
valued and rigorously enforced.
Mr. Fernandez received a Bachelor of Arts degree from the
Metropolitan College of New York and has over 25 years of professional
experience with the New York City Health and Hospital Corporation and
local not-for-profit organizations. He has dedicated the past 20 years
of his life to serving individuals and their families afflicted with
the illness of addiction. His strong convictions and compassionate
nature serves him well in supporting those individuals that are less
fortunate.
As the Addiction Program Administrator for Chemical Dependency
Services in the Department of Psychiatry at the North Brooklyn Health
Network, Mr. Fernandez is responsible for planning, creating and
delivering innovative programs and initiatives. He is driven by the
affirmations of the successes and accomplishments of those he serves.
One of his strongest attributes is his ability to build and sustain
relationships with key stakeholders to increase the quality of services
and resources at Woodhull Medical Center. His determination to succeed
is supported by his team of staff as they collectively develop ideas
and strategies for the clients and the community at large.
Mr. Fernandez is a certified New York State Alcoholism and Substance
Abuse Counselor, and he has been recognized for his exemplary work
ethic by the North Brooklyn Health Network Department of Social Work.
His success is built on a strong family nucleus consisting of his wife
Nancy, and three children of whom he is very proud: Jeremy, Natalie and
Xavier.
Mr. Speaker, I believe that it is incumbent on this body to recognize
the work of Hector B. Fernandez. His deep commitment to family and
community makes him most worthy of our recognition today.

____________________

TRIBUTE TO HENRY BOLUS

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Monday, November 13, 2006

Mr. TOWNS. Mr. Speaker, I rise today in recognition of Henry Bolus, a
model citizen of Brooklyn, New York. It behooves us to pay tribute to
this outstanding American and I hope my colleagues will join me in
recognizing his impressive service.
Henry Bolus voluntarily enlisted in the U.S. Army, proudly serving
our country during the Korean Conflict as a Paratrooper with the 187th
Airborne Regimental Combat Team. He is a product of the New York City
public school system and later enrolled at New York City's Kingsborough
Community College for undergraduate studies. His success at
Kingsborough Community College earned him Presidential level membership
in the National Society of Leadership and Success, Sigma Alpha Phi.
Mr. Bolus recently reached a personal milestone by becoming the
president of Brooklyn's renowned Thomas Jefferson Democratic Club. He
was also elected delegate to the New York State Judicial Convention.
Mr. Bolus is an honorary life member of the Knights of Columbus. He is
also an active member of Canarsie's Shrine Church of St. Jude, where he
serves as an usher and member of the finance committee.
Mr. Bolus has been the loving husband of Josephine Bolus since 1954
and is the proud father of Sabrina Jo Bolus and Michael Henry Bolus.
Mr. Speaker, I believe that it is incumbent on this body to recognize
the work of Henry Bolus. His deep commitment to his family and
community makes him most worthy of our recognition today.

____________________

TRIBUTE TO PATRICIA WILLIAMS

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Monday, November 13, 2006

Mr. TOWNS. Mr. Speaker, I rise today in recognition of Patricia
Williams, a community leader and entrepreneur. It behooves us to pay
tribute to this outstanding woman and I hope my colleagues will join me
in recognizing her impressive service.
Born to the Honorable Kathryn Williams and the late James Williams,
Patricia Williams credits living and growing up in evolving
neighborhoods like Harlem, Bedford Stuyvesant and East New York as an
inspiration to work for social and economical change.
Ms. Williams knows hard work is an investment. She currently is the
President/CEO of Ecotech Enterprises, Inc., a firm she established to
provide consultant services to government agencies, private sector
corporations, and small, minority-owned business enterprises. In the
past, Ms. Williams provided community outreach and event planning for
the Brooklyn Museum of Art Construction Project. She has delivered
bottom line services such as marketing and sales to well known small
businesses and she provides fundraising and workshop development
assistance to several non-profits. Ms. Williams has been called upon as
a panelist and guest speaker on numerous occasions and is considered an
authority on business development.
Prior to starting her own consulting firm, Ms. Williams was executive
Director of the Minority Business Opportunity Center under the U.S.
Department of Commerce, Minority Business Development Agency where she
provided business services to more than 70,000 minority/women-owned and
small businesses. As senior Administrator of Equal Employment
Opportunity and Diversity for Morse Diesel International, she
successfully implemented policies to ensure 100 million dollars of
contracting opportunities for minority-owned and small businesses where
she exceeded labor force and contracting goals set for women and
minority skilled workers at JFK Airport's Terminal 4 construction
project. She was Senior Employment Specialist and Career Development
Instructor for Non-Traditional Community College, Operations Manager
for Madison Avenue firm Durham Temporaries Inc., and has several years
of experience at the U.S. Small Business Administration, Finance
Division.
Ms. Williams attended John Jay College where she majored in Criminal
Justice and Labor Law. Her work has not gone unnoticed. Ms. Williams
has been recognized by several government agencies and community
organizations. She is also the recipient of the Columbia University
Non-Profit Executive Management Scholarship. Ms. Williams is the proud
mother of two, Leah and John.
Mr. Speaker, I believe that it is incumbent on this body to recognize
the work of Patricia Williams. Her deep commitment to her community
makes her most worthy of our recognition today.

____________________

SENATE COMMITTEE MEETINGS

Title IV of Senate Resolution 4, agreed to by the Senate on February
4, 1977, calls for establishment of a system for a computerized
schedule of all meetings and hearings of Senate committees,
subcommittees, joint committees, and committees of conference. This
title requires all such committees to notify the Office of the Senate
Daily Digest--designated by the Rules Committee--of the time, place,
and purpose of the meetings, when scheduled, and any cancellations or
changes in the meetings as they occur.

[[Page 21917]]

As an additional procedure along with the computerization of this
information, the Office of the Senate Daily Digest will prepare this
information for printing in the Extensions of Remarks section of the
Congressional Record on Monday and Wednesday of each week.
Meetings scheduled for Tuesday, November 14, 2006 may be found in the
Daily Digest of today's Record.

MEETINGS SCHEDULED

NOVEMBER 15
11 a.m.
Environment and Public Works
Business meeting to consider the nomination of Alex A.
Beehler, of Maryland, to be Inspector General,
Environmental Protection Agency.
SC-4, Capitol
2:30 p.m.
Armed Services
To hold hearings to examine the current situation and
U.S. military operations in Iraq and Afghanistan; to be
followed by a closed session in SH-219.
SH-216
Energy and Natural Resources
To hold hearings to examine the December 2005 report from
the President's Task Force on Puerto Rico's status.
SD-106
Appropriations
Legislative Branch Subcommittee
To resume hearings to examine the progress of the Capitol
Visitor Center construction.
SD-138
3 p.m.
Health, Education, Labor, and Pensions
To hold hearings to examine current challenges and new
ideas to safeguard consumers relating to food safety.
SD-430

NOVEMBER 16
Time to be announced
Homeland Security and Governmental Affairs
Business meeting to consider proposed Iraq Reconstruction
Accountability Act of 2006, the nominations of James H.
Bilbray, of Nevada, and Thurgood Marshall, Jr., of
Virginia, each to be a Governor of the United States
Postal Service, Dan G. Blair, to be Chairman, Postal
Rate Commission, and Stephen Thomas Conboy, of
Virginia, to be United States Marshal for the Superior
Court of the District of Columbia.
Room to be announced
9:30 a.m.
Judiciary
To hold oversight hearings to examine the Civil Rights
Division of the Department of Justice.
SD-226
Armed Services
Readiness and Management Support Subcommittee
To hold hearings to examine Department of Defense
business systems modernization and financial management
accountability efforts.
SR-232A
10 a.m.
Commerce, Science, and Transportation
To hold hearings to examine the reauthorization of the
Pipeline Safety Program.
SR-253
Energy and Natural Resources
To hold hearings to examine the nomination of Kevin M.
Kolevar, of Michigan, to be an Assistant Secretary of
Energy (Electricity Delivery and Energy Reliability).
SD-366
Health, Education, Labor, and Pensions
To hold hearings to examine proposals to improve drug
safety and innovation.
SD-430
Homeland Security and Governmental Affairs
Investigations Subcommittee
To resume hearings to examine Department of Defense
travel policies and practices, focusing on the cost
benefit analysis of the Defense Travel System.
SD-342
10:30 a.m.
Intelligence
To receive a closed briefing regarding intelligence
matters.
SH-219
2 p.m.
Finance
Health Care Subcommittee
To hold hearings to examine the States' perspective of
the Children's Health Insurance Program (CHIP).
SD-215
2:30 p.m.
Energy and Natural Resources
Public Lands and Forests Subcommittee
To hold hearings to examine S. 3636, to establish
wilderness areas, promote conservation, improve public
land, and provide for high quality economic development
in Washington County, Utah, and S. 3772, to establish
wilderness areas, promote conservation, improve public
land, and provide for high quality development in White
Pine County, Nevada.
SD-366

DECEMBER 6
2:30 p.m.
Judiciary
Administrative Oversight and the Courts Subcommittee
To hold oversight hearings to examine implementation of
the Bankruptcy Abuse Prevention and Consumer Protection
Act (Public Law 109-8).
SD-226

POSTPONEMENTS

NOVEMBER 15
4 p.m.
Energy and Natural Resources
National Parks Subcommittee
To hold hearings to examine S. 2475, to establish the
Commission to Study the Potential Creation of a
National Museum of the American Latino Community, to
develop a plan of action for the establishment and
maintenance of a National Museum of the American Latino
Community in Washington, DC, S. 2645, to establish the
Journey Through Hallowed Ground National Heritage Area,
S. 2822 and H.R. 5057, bills to authorize the Marion
Park Project and Committee of the Palmetto Conservation
Foundation to establish a commemorative work on Federal
land in the District of Columbia and its environs to
honor Brigadier General Francis Marion, S. 3805, to
direct the Secretary of the Interior to conduct a
special resource study to determine the suitability and
feasibility of including in the National Park System
certain sites in Monroe County, Michigan, relating to
the Battles of the River Raisin during the War of 1812,
and H.R. 323, to redesignate the Ellis Island Library
on the third floor of the Ellis Island Immigration
Museum, located on Ellis Island in New York Harbor, as
the ``Bob Hope Memorial Library''.
SD-366

NOVEMBER 16
10:30 a.m.
Armed Services
To hold a closed briefing on the Naval Criminal
Investigative Service Report of events from November
2005 in the Iraqi town of Haditha and on the probe by
Army Major General Eldon Bargewell on how the chain of
command handled the initial reporting of the incidents.
SR-222