[Congressional Record (Bound Edition), Volume 153 (2007), Part 6]
[Issue]
[Pages 7571-7706]
[From the U.S. Government Publishing Office, www.gpo.gov]




[[Page 7571]]

                           VOLUME 153--PART 6

                     SENATE--Monday, March 26, 2007


  The Senate met at 2:30 p.m. and was called to order by the Honorable 
Mark L. Pryor, a Senator from the State of Arkansas.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  Almighty God, whose power moves in the changes of the seasons and in 
the circuit of the stars, let Your gentle strength live in each of our 
hearts.
  Today, infuse our Senators with Your wisdom so that in their coming 
and going they will walk in the path of Your will. Lord, keep them 
faithful. Amid the haste and hurry of their labors this week, remind 
them to spend time with You so that they experience You as the joy and 
strength of true living. Quicken their faith and hope; give them Your 
perfect calm as they aspire to honor You. Make their lives a gift of 
Your love to a hurting world.
  Much like the gift of Bishop Gilbert Earl Patterson, Lord, we thank 
You and praise You for his life and witness. Today, comfort the 
millions who are mourning his death. We humbly pray these things in the 
Name of Him who was in the beginning and will be in the end. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Mark L. Pryor 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. Byrd).
  The bill clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                                   Washington, DC, March 26, 2007.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Mark L. Pryor, a Senator from the State of Arkansas, to 
     perform the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

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

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

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

                          ____________________




                     EXTENSION OF MORNING BUSINESS

  Mr. REID. Mr. President, I ask unanimous consent that there be an 
extra 30 minutes for morning business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, this afternoon, the Senate will be in a 
period for morning business. At 3:30 p.m., the Senate will proceed to 
consideration of the supplemental appropriations bill, H.R. 1591. As I 
announced earlier, there will be no rollcall votes today. This week is 
slated to be the last week of the work period prior to the Easter 
recess. However, we must work toward finishing the supplemental before 
we can do this, and I am going to be meeting in the next few minutes 
with the distinguished Republican leader to see if that is possible to 
do.

                          ____________________




                MEASURE PLACED ON THE CALENDAR--H.R. 545

  Mr. REID. Mr. President, it is my understanding that H.R. 545 is at 
the desk and due for a second reading.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title for a second time.
  The bill clerk read as follows:

       A bill (H.R. 545) to amend the Omnibus Crime Control and 
     Safe Streets Act of 1968 to clarify that territories and 
     Indian tribes are eligible to receive grants for confronting 
     the use of methamphetamine.

  Mr. REID. Mr. President, I now object to any further proceedings at 
this time.
  The ACTING PRESIDENT pro tempore. Objection is heard. The measure 
will be placed on the calendar.

                          ____________________




                       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 now be a period for the transaction of morning business until 3:30 
p.m., with Senators permitted to speak therein for up to 10 minutes 
each, with the time equally divided and controlled between the two 
leaders or their designees.

                          ____________________




                   RECOGNITION OF THE MINORITY LEADER

  The ACTING PRESIDENT pro tempore. The Republican leader is 
recognized.
  Mr. McCONNELL. Mr. President, I wish to make a brief statement, but I 
believe the majority leader may have one as well.
  Mr. REID. Please, go ahead.

                          ____________________




               EMERGENCY SUPPLEMENTAL APPROPRIATIONS BILL

  Mr. McCONNELL. Mr. President, the House of Representatives passed an 
emergency war spending bill on Friday that includes tens of billions of 
dollars for projects that have no connection whatsoever to the needs of 
our troops

[[Page 7572]]

in Iraq and Afghanistan, that tells U.S. generals how to do their jobs, 
and which pulls out of thin air a date for evacuating U.S. troops from 
Iraq.
  It was meant to send a message to the Commander in Chief, but its 
only real effect is to delay the delivery of urgent material support to 
our troops. The President has said he will veto any legislation that 
includes a surrender date and which substitutes the judgment of 
politicians in Washington for the judgment of commanders in the field. 
Those who voted for the House spending bill on Friday, therefore, knew 
it had no chance of being approved. It was an empty promise to the 
troops.
  The Constitution gives Members of Congress a concrete way of 
expressing their opposition to a war, and that is to vote against 
funding it. But House Democrats are trying to have it both ways: They 
call their bill a statement against the very war it continues to fund, 
a promise of support for the troops that has no chance of being signed.
  Who loses out in this strange calculus? American soldiers and marines 
deployed in Afghanistan and Iraq and their worried families here at 
home are the losers.
  The Secretary of Defense said as much last week. He said delaying the 
approval of funds would slow the training of units already headed into 
Iraq and reduce the funds available for repairs to buildings and 
equipment. He said it would force the Army to consider cutting funds 
for renovations to barracks and cut off repairs to equipment that is 
needed to support troop deployment training.
  The House brushed these concerns aside to express a point of view. 
But troops who have been sent into battle with assurances of support 
got another message: Don't count on it from us.
  Some have said the Senate version of the war spending bill is more 
palatable. They say this because its date for withdrawal is only a 
goal. They think that by retaining this provision, they will eventually 
force Republicans to accept the notion that battlefield commanders 
should be tied to arbitrary timelines. Believe me, they are wrong.
  The week before last, we prevented legislation that would have told 
our enemies the date on which we will give up. A majority in the Senate 
showed it won't approve a bill that shares our battle plan with the 
enemy or which tells soldiers and commanders how to do their jobs.
  We won't let timelines be used as the toll booth for getting aid to 
the troops, and we need to send the President a bill that doesn't 
include them so he can sign it without delay. I urge my colleagues to 
put an end to this unfortunate and misguided effort to set an arbitrary 
date upon which to withdraw from Iraq and to strip language from this 
emergency spending bill that only guarantees our troops will have to 
wait for the help they need and the support they deserve.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The majority leader.

                          ____________________




                 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

  Mr. REID. Mr. President, the first 3 months of the 110th Congress 
have been very productive. We have shown the American people that when 
Democrats and Republicans work together results flow. It is 
interesting, when that happens, there are a lot of positives that can 
be said by both parties. When we don't accomplish something, there is a 
lot of criticism that is shared by both parties.
  This productive work began in January when we passed the ethics bill, 
the most sweeping reform in the history of our country. Next we worked 
to raise the minimum wage for the first time in a decade. After minimum 
wage, we finished the fiscal work of the last Congress, the 109th 
Congress, by passing a responsible continuing resolution with no 
earmarks. Then we went to homeland security and ensured that 5 years 
after 9/11, all the recommendations of the 9/11 Commission will be 
implemented. Last week, we passed a balanced budget which includes over 
$180 billion in tax breaks for middle-class families and says in the 
future, if you are going to lower taxes, if you are going to increase 
spending, you have to have some way to pay for it. Ethics, minimum 
wage, the continuing resolution, the 9/11 recommendations and the 
budget--it is a record of which all of us can be proud. But, of course, 
we have so much more to do. From stem cell to immigration to energy, 
there are challenges ahead, and this week the Senate will turn its 
attention to the most pressing challenge of them all--the debacle of 
Iraq.
  Today we begin consideration of the 2007 supplemental appropriations 
bill. This legislation includes more than $121 billion. The vast 
majority--90 percent of it--is for the wars in Iraq and Afghanistan. It 
is also for enhancing military readiness generally, for improving 
veterans health care--and certainly in the wake of Walter Reed and 
other scandals regarding how veterans are being taken care of, this is 
certainly something that is necessary--for national priorities such as 
rebuilding the gulf coast and homeland security and I mention, Mr. 
President, drought assistance, farm disaster.
  In the western part of the United States, because of this global 
climate change, we have had millions--I am speaking directly--millions, 
not thousands, but millions--of acres burned, and unless we figure out 
some way to restore that vegetation, that land is going foul, to say 
the least. That is what this is all about--farm aid assistance. Willie 
Nelson could sing for weeks about the need for this assistance to take 
place in the West. I am not an expert on wheat, corn, rice, and all 
those other products--a lot of people here are--but I am about 
rangelands and what has happened to Nevada.
  The bill contains critical money, as I have indicated, for our 
troops. We need to get the money to them as quickly as we can. Our 
troops are serving under difficult conditions. The Senate will ensure 
they have everything they need to continue this fight as we have done.
  Our support, though, for the troops does not stop at funding. We must 
also ensure our soldiers have a strategy for success. The Democratic-
controlled Congress is listening to the American people and fighting to 
give our troops what they need and strategy--strategy worthy of their 
sacrifices. That is why in addition to the much needed changes for our 
troops, the bill also contains a strong message for President Bush: 
Change course in Iraq.
  My friend, the distinguished Republican leader, criticized what is in 
this bill that will be reported to the floor shortly, saying it is not 
good for the troops. David Brooks, the very conservative editorial 
writer for the New York Times, said last Friday on the ``Jim Lehrer 
NewsHour'': This is ridiculous for anyone to criticize a democracy for 
debating the most important issue of the day, the war in Iraq. The very 
conservative David Brooks said this is what democracies are all about. 
The troops over there know this is good.
  I have my BlackBerry on my hip. Someone BlackBerried his friend, one 
of my staff members, who is a full colonel in the Army National Guard 
out in Nevada. He keeps in touch with his friends. He said what 
happened in the House and what we put in our bill is good for the 
troops--this is a soldier e-mailing my friend from Iraq--because it 
lets the Iraqi Government know we are serious. He went on to say the 
deadline is important for the Iraqi people and the soldiers, and the 
Iraqi people know that.
  Secretary Gates, when asked about this timeline, provisions in the 
bill relating to Iraq, said it doesn't affect the troops adversely at 
all.
  Certainly the troops know we care about them. We give them everything 
they need. But last week, we entered the fifth year of this war. Think 
about that, the fifth year of this war, and there is no end in sight, I 
am sorry to say. The news this morning, when I first got up, was five 
more soldiers were killed yesterday, 238 this year alone. March 26, 238 
dead Americans, just like the boy Raul Bravo, from Elco, NV. I talked 
to his mother--237 just like that young man. Three thousand two hundred 
forty-one so far in

[[Page 7573]]

this war--dead Americans--25,000 wounded. One hospital in Texas has 
handled 250 amputations. There are 2,000 double amputees as a result of 
this war.
  The war continues to move in the wrong direction and yet--instead of 
digging us out of the hole it created in Iraq--instead of stopping this 
downward spiral of destruction--instead of taking the fight to the 
terrorists who attacked us on September 11--this White House wants us 
to keep doing more of the same in Iraq.
  In January, President Bush said he would escalate the conflict and 
send 21,500 new troops for a few months. Of course, we were misled on 
that. We now know the number is around 30,000, and they will be there 
indefinitely, and the President has said he might ask for more troops. 
There is no short-term surge, as the President has described. It is 
more of the same. The President is placing troops in the middle of an 
Iraqi sectarian civil war. More military solutions to a problem that 
General Petraeus, our top commander in Iraq, has said can only be 
solved politically. Our commander on the ground in Iraq has said that 
only 20 percent of it can be won militarily. That is not good enough 
for me. We need to find a new way forward.
  If the President will not listen to the generals, if he will not 
listen to the American people, who have spoken for a new direction, 
then perhaps he will listen to us, Congress, when we send him a 
supplemental bill that acknowledges reality in Iraq. We must find a new 
way forward. The President can swagger all he wants, but we have 3,241 
dead Americans.
  The Iraq measure in this bill changes the mission of U.S. troops from 
policing a civil war to counterterror, training, and force protection. 
It rejects the notion that this war can be won militarily, and it sets 
a goal of redeploying our troops by March 2008. It includes a 
requirement for a political, diplomatic, and economic strategy to be 
implemented in conjunction with the redeployment.
  The Iraq language is based on a simple premise: Iraq can be won only 
politically. In short, it offers a responsible strategy in Iraq that 
the American people asked for last November 7--a strategy that will 
enhance our country's ability to wage war on terror.
  Contrary to what President Bush believes, the key to success in Iraq 
is not escalating the conflict by adding tens of thousands of 
additional troops to trod down the same dangerous road. It is to find a 
new way forward.
  I urge my colleagues to support this supplemental. After 4 years of 
war, our troops deserve a strategy to help them complete the mission so 
they can come home.
  The ACTING PRESIDENT pro tempore. The Senator from Massachusetts.
  Mr. KENNEDY. Mr. President, I wish to thank our leader for his 
comments about the progress that has been made in the Senate on issues 
that affect the working middle-class families of this country and also 
for his responses on the issue of the war in Iraq, where there should 
be an opportunity, as we focus on the particular amendment, to get into 
that in greater detail. But I thank him for his very worthwhile 
comments this afternoon.

                          ____________________




                     NORTHERN IRELAND PEACE PROCESS

  Mr. KENNEDY. Mr. President, the leaders of Northern Ireland took 
another giant step toward lasting peace earlier today when Sinn Fein 
and the Democratic Unionist Party reached a landmark agreement to share 
power in a joint administration to be established on May 8. The 
agreement gives hope to all who have worked so long and so hard to 
bring unionists and nationalists together in government on a permanent 
basis.
  Prime Minister Ahern of Ireland and Prime Minister Blair of Britain 
have been strong allies for peace. John Hume and many others have been 
heroes along the way. But the indispensable persons in this historic 
agreement today are Gerry Adams, the leader of Sinn Fein, and Ian 
Paisley, the leader of the Democratic Unionist Party. In reaching this 
agreement, they have acted to strengthen democracy and create a future 
of peace and stability for the future of that troubled land.
  Today, the people of Northern Ireland salute them both for reaching 
this new day, and the world congratulates them as well. We know it was 
not an easy step to take. Their past disagreements have been intense 
and deep. The challenges they have faced often seemed irreconcilable, 
and the scars of the past have often seemed impossible to heal. 
Compromises have been difficult and painful to achieve. But with this 
agreement, Sinn Fein and the DUP have finally taken the essential step 
of looking forward together--not backward--and have agreed at long last 
to work with one another for the future of Northern Ireland.
  The eyes of the world will be on them on May 8. All who care about 
lasting peace and stability look forward to the permanent restoration 
of the Northern Ireland Government at that time. In a world where 
political resolution often is elusive, these leaders deserve enormous 
credit for giving us hope.
  I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. HATCH. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. HATCH. Mr. President, I listened with interest to the remarks of 
the distinguished Senator from Massachusetts. I do, myself, feel a 
great sense of pleasure and comfort in what has transpired today with 
regard to Ireland, and I wanted to say so.

                          ____________________




                      THE EMPLOYEE FREE CHOICE ACT

  Mr. HATCH. Mr. President, on March 1, the other body passed the 
horribly misnamed ``Employee Free Choice Act,'' H.R. 800, and we may 
soon be called upon to consider that bill or a similar Senate 
counterpart. The bill was steamrolled through the House of 
Representatives in less than a month from its introduction, with only a 
single day of subcommittee hearings, at which only one expert witness 
critical of the bill was permitted to testify. It was considered in the 
House with only limited amendments allowed to be offered. Obviously, it 
is incumbent on us to make certain the Senate takes the opportunity for 
fuller debate on a measure of such wide impact.
  The chairman of the Health, Education, Labor, and Pensions Committee 
has scheduled a hearing tomorrow, where we will undoubtedly hear how 
``unfair'' the current unionization system is and how it must be 
amended to allow for greater unionization. I am sure we will have a 
full and robust debate in this body. But as we kick off this debate 
over whether to deny private ballots to workers who wish to unionize, 
it is my hope we will be able to at least hold fast and true to the 
facts. There should be a full debate on these facts.
  There is ample evidence to indicate that we should be wary of 
amending the National Labor Relations Act, the NLRA, in a way that 
would upset the balance in national labor policy between labor and 
management and employer and employee. We must not rely on slogans, 
anecdotal stories, and questionable secretly commissioned and selective 
statistics about alleged unfair labor practices.
  The NLRA and its attendant volumes of reported decisions and case 
precedent by the National Labor Relations Board is an extremely 
complicated, interwoven area of law. Amending it in the way the 
sponsors of H.R. 800 envision could rip a gaping hole in the precise 
weave of this complex fabric and have a dramatic impact with many 
unintended consequences.
  It must also be considered that amending the NLRA will not only 
affect the welfare of unions, but it will also have a negative overall 
impact on workers, employers--especially small employers--and on the 
economy and America's ability to be competitive in a global economy.

[[Page 7574]]

  So let us begin the discussion of the bill. The Employee Free Choice 
Act is designed to increase union membership, which currently stands at 
7.4 percent of the private sector workforce. The bill would accomplish 
that through an artificial, union-controlled ``card check'' 
certification procedure in place of the traditional NLRB-supervised 
private ballot election or, as some have called it, a secret ballot 
election.
  In fact, the bill would radically upset the balance in labor and 
management and employer-employee relations by amending the National 
Labor Relations Act in three ways:
  First, the bill would mandate union representation without a private 
ballot election among employees. The so-called Employee Free Choice Act 
mandates that the NLRB certify a union as the exclusive collective 
bargaining representative of employees when the union has demonstrated 
that a majority of the employees, 50 percent plus 1, have signed union 
authorization cards--or, in other words, the ``card check'' system 
without a private ballot election among employees.
  Not only would this deny employees the right of private, NLRB-
protected ballot elections on the question of initial union 
representation, but through operation of the NLRB's current 
``certification bar'' doctrine, it would prevent employees from 
challenging the union's majority status through a decertification 
election for the certification year.
  Secondly, the bill would guarantee union contracts where the 
Government would impose the wages, the terms, and conditions of 
employment for 2 years if the parties fail to agree after 90 days of 
bargaining and 30 days of mediation. That is because the so-called 
Employee Free Choice Act requires compulsory, binding arbitration of 
initial union contracts.
  Specifically, under the so-called Employee Free Choice Act, an 
employer must begin bargaining within 10 days of the union's demand. 
Thereafter, if the union and the employer cannot reach an agreement 
within 90 days, the contract terms must be submitted to the Federal 
Mediation and Conciliation Service for a 30-day period of mediation. If 
the FMCS is unable to mediate an agreement between the parties, then it 
must refer the initial contract to an FMCS arbitration panel with the 
authority to issue a decision that is binding on the employer and union 
for a 2-year period.
  Added to current law, the effect would be to deny employees the 
opportunity to approve, or ratify, the terms of the contract. They 
would be prevented by the NLRB's ``contract bar'' from initiating a 
private ballot decertification election challenging the union's 
continuing majority status for the 2-year term of the contract.
  Finally, the bill would impose new antiemployer penalties. These 
include prioritizing NLRB investigations of unfair labor practice 
charges alleged to have been committed by an employer during an 
organizing campaign and possibly pursuing injunctive remedial action in 
Federal Court.
  The proposal also provides for liquidated damages in the amount of 
two times any back pay found due and owing and subjects an employer to 
a civil penalty not to exceed $20,000 per violation of the NLRA. As 
this chart shows, the proponents of the so-called Employee Free Choice 
Act are asking the American worker to accept the denial of access to 
complete information about the union, the denial of a private ballot 
vote, the inability to decertify a union for at least 28 months after 
it is initially certified, the denial of the right to strike for a 
better deal after binding arbitration, potentially the denial of an 
employee's opportunity to vote on a contract, and the denial of knowing 
if a union is organizing at their place of work.
  Let us look at that again. The effect of the Employee Free Choice Act 
dissolves workers' rights to access to complete information about the 
union, to vote in secret, to decertify the union for at least 28 
months, to strike for a better deal--takes that away from them--to vote 
on a contract--takes that away from them--and to know if union 
organizing is taking place. It takes their rights away as workers.
  This deceptively named bill has little to do with employee free 
choice. In fact, it would take away an employee's right to choose union 
representation through private ballot elections--some say ``secret 
ballot'' elections--something the unions have always fought for but now 
are going to throw away in their desire to unionize at all costs. 
Indeed, it has everything to do with guaranteeing union organizing to 
increase union membership, at a time when unions represent a steadily 
declining percentage of America's private sector workforce.
  As you can see clearly from this chart, since the modern-day union 
movement in 1935, when you evaluate their percentage of the overall 
workforce, unions have had good years, up in here, and they have had 
many bad years.
  As that chart clearly demonstrates, under the current system of NLRB 
overseeing private ballot elections in recent years, unions have lost 
membership.
  Currently, I must underscore, union membership stands at 7.4 percent 
of the private sector workforce. Proponents of the Employee Free Choice 
Act seek to turn back time when it comes to the percentage of the 
American workforce that is unionized and that they want to be 
unionized.
  I have no inherent problem with a fairly considered, fairly elected 
union. However, this bill attempts to increase union strength through 
an artificial, union-controlled ``card check'' certification procedure 
which tosses away the traditional NLRB-supervised private ballot 
election.
  Where is the problem we are trying to fix? This bill would replace 
the time-honored, NLRB-protected private ballot election, the 
traditional system under which workers decide whether to be represented 
or not represented by a union. Instead, the system would be supplanted 
with the mandated ``card check'' procedure, where union organizers can 
pressure employees to sign union authorization cards which are then 
presented to the NLRB for certification of the union as the exclusive 
collective bargaining representative of all of the employees.
  It is important for us to consider that the U.S. Supreme Court has 
repeatedly denounced union authorization cards as being ``inherently 
unreliable'' because of the types of peer pressures, some subtle and 
some not so subtle or benign, to sign the cards. In its 1969 Gissel 
Packing decision, the Court acknowledged that the use of authorization 
cards to determine majority support is unreliable and that private 
ballot elections are the ``most satisfactory--indeed the preferred 
method of ascertaining whether a union has majority support.''
  Unions, likewise, prefer a NLRB-protected and supervised private 
ballot election, at least when they are faced with a decertification 
petition from their members to determine whether the union has majority 
support. That was demonstrated once again last month by union 
opposition to a proposed amendment to apply the ``card check'' 
provisions of the so-called Employee Free Choice Act to decertification 
elections. That amendment was defeated in the House committee's markup.
  As one court stated with regard to ``card check'' authorization:

       It would be difficult to imagine a more unreliable method 
     of ascertaining the real wishes of employees than a ``card 
     check'' unless it were an employer's request for an open show 
     of hands. The one is no more reliable than the other.

  That is in the NLRB v. Logan Packing Company of the Fourth Circuit.
  It is hard to believe we are seriously considering a bill to deny 
workers a private ballot vote so soon after the national elections. It 
is also inconsistent with our Nation's history of promoting private 
ballot elections for the disenfranchised members of society through the 
suffragette and civil rights movements, especially when we are fighting 
for the opportunity of individuals around the world to have the 
democratic right to a private ballot election that is free of 
intimidation and coercion.

[[Page 7575]]

  I am reminded of a statement made on January 31 of this year by my 
longtime friend and colleague from Massachusetts on the need for fair 
elections:

       For too long, we've ignored the festering problem of 
     deceptive practices intended to intimidate and deceive voters 
     in our national elections. . . .''

  Although I am not able to say this very often, I can say that I am in 
absolute agreement with my friend on that point. In every election, 
whether it is for President, local dog catcher, or union organization, 
we as representatives of the people whom we serve have an obligation to 
ensure our constituents' votes will be cast without fear of 
intimidation.
  I assert--and I think many also would back this up--that a private 
ballot election overseen by the NLRB, a Government agency, has a better 
chance to be more free and fair than one in which it is left to the 
union organizers to solicit cards in secret until they receive a 
majority of 50 plus 1. What happens to the other 49%? Are they just 
disenfranchised? The answer is yes.
  Under the ``card check'' system, there is no inducement to allow 
employees to make an informed decision, learn all the facts, and hear 
arguments for and against unionization.
  It is difficult for me to believe we would be considering a bill 
which would mandate that the Government impose wages, terms, and 
conditions of employment where the parties, new to collective 
bargaining, have not reached agreement after 90 days. This would 
destroy free collective bargaining and the entire labor law concept of 
``impasse'' when the parties are unable to agree. Under the so-called 
Employee Free Choice Act, for first contracts, ``impasse'' would be 
defined as 90 days of bargaining before the Government steps in. Even 
basic labor law textbooks term compulsory binding arbitration as the 
``antithesis of collective bargaining.''
  These are radical changes in collective bargaining which have little 
to do with employee free choice. In fact, these amendments would 
disenfranchise workers by denying them private ballot elections and a 
vote on whether to accept wages, terms, and conditions the Government 
arbitration panel would impose on them.
  Who would benefit from the passage of the so-called Employee Free 
Choice Act? I can tell you. Only unions. They would be virtually 
guaranteed organizing success, increased union membership, and more 
union dues.
  As you can see from this chart, over the past 6 years, unions 
traditionally win approximately 50 to 60 percent of NLRB-supervised 
private ballot elections. In contrast, it is reported that ``card 
check'' elections yield unions success approximately 80 to 85 percent 
of the time. Who would benefit? I can tell you. Only unions.
  Look at that chart again. ``Union Win Rates in Elections.'' The NLRB-
supervised election, in 2000, the unions won 51 percent; in 2001, the 
unions won 54 percent; in 2002, they won 56 percent; in 2003, they won 
57 percent; in 2004, they won 57 percent; in 2005, they won 61 percent; 
and in 2006, they won 61 percent.
  Where ``card check'' elections have been held--because the employers 
have agreed to them, I guess, because they are certainly not law yet; 
that is why they are bringing this up--80-85 percent have become 
unionized even though 49 percent of the people in those companies have 
had nothing to say about it. It is not right. It is not the way to go.
  Unions would be guaranteed first contracts for a period of 2 years 
under this bill.
  Looking at the big picture, what would the so-called Employee Free 
Choice Act mean for our economy? Let me read from a recent article 
written by Jack and Suzy Welch in the March 12 issue of BusinessWeek 
magazine. Jack Welch is one of the alltime important business leaders 
in this country. Here is what they had to say:

       We know it must sound strange to oppose legislation that 
     promises something as motherhood-y as ``free choice.'' But 
     the title of this bill is pure propaganda. It won't encourage 
     liberty or self-determination in the workplace; more likely 
     it will introduce intimidation and coercion by labor 
     organizers, who, after a long slide into near-oblivion, 
     finally see a glorious new route to millions of dues-paying 
     members. Their campaign could trigger a surge in unionization 
     across U.S. industry--and in time, a reversion to the bloated 
     economy that brought America to its knees in the late 1970s 
     and early '80s and that today cripples much of European 
     business. If you want to be reminded of what that looks like, 
     drive through Pennsylvania's Lehigh Valley, as we did last 
     weekend, and take a look at all the shuttered factories. 
     Steel--like coal, autos, and so many other industries in the 
     global economy--paid the inevitable price of unionization run 
     amok.
        . . . The advance of the Employee Free Choice Act 
     continues unabated. And so pretty soon, if enough business 
     leaders and legislators don't stand up, it may well be: Hello 
     again, unions. So long, American competitiveness. The change 
     will not happen instantly. Companies will fight unions as if 
     their lives depend on it, because they do. But given the 
     logistics of the Employee Free Choice Act, any management 
     campaign is hobbled. If you can't be at the kitchen table 
     with the organizers and their hard stares, you probably can't 
     win.

  He sums it up:

       In those areas where employers have agreed to a ``card 
     check,'' they have invariably become unionized and many 
     employees unionized against their will with the obligation of 
     paying dues.

  Mr. President, I ask unanimous consent that the full article be 
printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (See exhibit 1.)
  Mr. HATCH. Mr. President, I assert that this is the start of another 
historic Senate debate on national labor policy. It is unfortunate that 
I have to be involved in this because I was raised in the union 
movement. I am one of the few people who have served in Congress who 
actually earned a union card, who actually became a skilled building 
tradesman, who worked in the building construction trade unions for 10 
years. I believe unions are important, but I believe they should have 
to earn their membership and not have it given to them.
  In conclusion, as we enter this debate, let us not be fooled by the 
misinformation from the other side.
  Take a look at this chart. They claim employers coerce employees to 
vote no. The truth is that in less than 2 percent of cases is it found 
that an employer has inappropriately interfered in a union organizing 
election.
  They claim unions can't win elections under the current system. The 
truth is that unions won 62 percent of NLRB elections in 2005, the last 
year for which a complete set of statistics exists.
  They claim American workers want to form unions using a ``card 
check'' system. The truth is that, according to a recent poll, 79 
percent of Americans disagree with the elimination of private ballots 
when voting in union organizing elections.
  The President has issued a Statement of Administration Policy that he 
would veto the so-called Employee Free Choice Act if it reached his 
desk. That should not make us complacent in the Senate. Even if a veto 
were necessary, Senate passage of a bill like that which was passed by 
the House would put us on record in future Congresses as being against 
private ballot elections for workers in union representation decisions, 
in support of Government-imposed wages, benefits, and other terms and 
conditions of employment through union contracts where workers 
themselves will be denied a ratification vote. Is that where we want to 
be a year or two from now? I, for one, do not believe we as a nation 
should head in that direction, and I urge my colleagues to resist any 
attempt to force unionization on the American workforce.
  To paraphrase the movie ``The Godfather,'' I believe union bosses 
have made the American workforce a deal they can refuse. We must oppose 
any attempt to pass any iteration of the Employee Free Choice Act, and 
we must do it on behalf of the American worker.
  Mr. President, I yield the floor.

[[Page 7576]]



                               Exhibit 1

                   [From BusinessWeek, Mar. 12, 2007]

                          The Unemployment Act

                        (By Jack and Suzy Welch)

       Are you at all concerned about American competitiveness in 
     the future?

                                --Srikanth Raghunathan, Irwin, Pa.

       Yes. But not for the standard ``the sky is falling'' 
     reasons, like the twin deficits, low-cost Chinese 
     manufacturing, or intellectual property piracy. We believe 
     those challenges will largely be ameliorated by market, 
     political, and legal forces. No, we're as worried as can be 
     that American competitiveness is about to be whacked by 
     something no one seems to be talking about: the Employee Free 
     Choice Act, which is currently weaving an insidious path 
     through Congress toward becoming law. If it does, the long-
     thriving American economy will finally meet its match.
       You didn't read wrong. We know it must sound strange to 
     oppose legislation that promises something as motherhood-y as 
     ``free choice.'' But the title of this bill is pure 
     propaganda. It won't encourage liberty or self-determination 
     in the workplace; more likely it will introduce intimidation 
     and coercion by labor organizers; who, after a long slide 
     into near-oblivion, finally see a glorious new route to 
     millions of dues-paying members. Their campaign could trigger 
     a surge in unionization across U.S. industry--and in time, a 
     reversion to the bloated economy that brought America to its 
     knees in the late 1970s and early '80s and that today 
     cripples much of European business. If you want to be 
     reminded of what that looks like, drive through 
     Pennsylvania's Lehigh Valley, as we did last weekend, and 
     take a look at all the shuttered factories. Steel--like coal, 
     autos, and so many other industries in the global economy--
     paid the inevitable price of unionization run amok.
       Make no mistake, We don't unilaterally oppose unions. 
     Indeed, if a company is habitually unfair or unreasonable, it 
     deserves what it gets from organized labor. But the problem 
     with unions is that they make a sport out of killing 
     productivity even when companies are providing good wages, 
     benefits, and working conditions. It is not uncommon in a 
     union shop to shut down production rather than allow a 
     nonunion worker to flip a switch. Only a union or millwright 
     electrician can do that job! Come on. Companies today can't 
     afford such petty bureaucracy or the other excesses unions so 
     often lead to, such as two people for every job and a 
     litigious approach to even the smallest matters. Yes, 
     managers and employees will sometimes disagree. But in the 
     global economy, they have to work through those differences 
     not as adversaries but as partners.
       The Employee Free Choice Act undermines that. Here's how. 
     Currently, when labor organizers want to launch a 
     unionization effort, they ask each worker to sign a card as a 
     show of support. If 30% or more employees do so, a federally 
     supervised election can be called and conducted with one of 
     the most revered mechanisms in democracy, the secret ballot. 
     Thus, employees can vote their conscience, without fear of 
     retribution from either union leaders or management.
       By contrast; under the Employee Free Choice Act, organizers 
     could start a union if 50% of employees, plus one more 
     worker, sign cards. That's right--no more secret ballot. 
     Instead, employees would likely get a phone call with a 
     pointed solicitation, or worse, a home visit from a small 
     team of organizers. You can just imagine the scenario. The 
     organizers sit around the kitchen table and make their case, 
     likely with a lot of passion. Then they slide a card in front 
     of the employee with a pen. Who would say no? Who could?
       Now, union supporters will tell you that they won't 
     intimidate employees for votes, and regardless, management 
     intimidates all the time by threatening to fire employees who 
     vote union. But the system as it exists has safeguards, 
     including heavy fines against companies that misbehave and 
     automatic new elections.
       Still, the advance of the Employee Free Choice Act 
     continues unabated. And so pretty soon, if enough business 
     leaders and legislators don't stand up, it may well be: Hello 
     again, unions. So long, American competitiveness. The change 
     won't happen instantly. Companies will fight unions as if 
     their lives depend on it, because they do. But given the 
     logistics of the Employee Free Choice Act; any management 
     campaign is hobbled. If you can't be at the kitchen table 
     with the organizers and their hard stares, you probably can't 
     win.
       It's too bad. In fact, its terrible. And ironic. First, 
     because the ability to unionize already exists in America, 
     thanks to the secret ballot. And second, because the Employee 
     Free Choice Act ultimately only provides a free choice nobody 
     would ever want: how to spend a government issued 
     unemployment check.

  The ACTING PRESIDENT pro tempore. The Senator from Colorado.

                          ____________________




                                 ENERGY

  Mr. SALAZAR. Mr. President, I come to the Senate floor to speak about 
the issue of energy and the importance of this Senate and this Congress 
and this country moving forward with an authentic picture with respect 
to energy independence for our country. When I get up in the morning 
and think about the major issues that are facing our country, there are 
three issues which always come to mind.
  The first is what is happening in Iraq and around the world and how 
we restore America's greatness and how we put Humpty Dumpty together 
again with respect to making sure America's greatness which we have 
enjoyed for the last two centuries is something we enjoy in the 21st 
century and beyond.
  Second are the difficult and important domestic issues which we are 
attempting to confront today--the issue of health care and how we move 
forward to create a system of health insurance and health care 
availability for all the people of America, an issue which continues to 
confront us.
  Third, the issue of energy and how we look forward. The issue of 
energy is something many of us in this Chamber and in the House of 
Representatives and the White House today will continue to work on, 
which is so important to all of us.
  With respect to Iraq, we will be facing that issue here in the weeks 
and months ahead. I believe strongly there is unity in the United 
States of America in terms of our support for our troops. I believe 
there is a long-term desire for us to make sure what we do is establish 
stability in the Middle East.
  I believe all of us want to make sure we are doing everything we can 
do to support our troops. Nonetheless, the debate will occur here on 
this floor this week and beyond. It is an important debate. It is a 
debate that involves perhaps the most important issue of our time. That 
is the issue of war and peace and the debate that is certainly 
appropriate to be held on the floor of the Senate.
  With respect to health care, I am pleased with the efforts the Senate 
Finance Committee and the HELP Committee are undertaking, with the 
leadership of Senator Baucus and Senator Kennedy and others, as we try 
to address the issue of health care. This year for sure we will move 
forward with a program that hopefully will expand the coverage of 
health insurance to the children of America. We think about 9 million 
children in this country today who have no health insurance. The 
expansion of the SCHIP program is something that is very important for 
all of these children across our many States who today do not have 
health insurance.
  But the other issue, the energy issue, is one which is winding its 
way through our various committees in the Senate today. In the 
Agriculture Committee, under the leadership of Senator Tom Harkin, we 
currently are looking at title 9 of the farm bill. We will have a 
robust law that will move us forward with a new agenda with respect to 
agriculture and energy.
  In the Senate Energy Committee, under the leadership of Senators 
Bingaman and Domenici, we are working on several bills that will help 
us move forward toward energy independence.
  In the Senate Finance Committee, under the leadership of Senator 
Baucus and Senator Grassley, we have numerous initiatives on the table 
that will create incentives for us to have the kind of biofuels, solar 
energy, and the other kinds of energy that will create the new 
environment for us to be successful in a program on energy 
independence.
  For me, when I think about energy, I see the dawning of a new age for 
my State of Colorado and also for America. It is a dawning of an age 
for America which we ought to embrace with vigor. It is the dawning of 
the age of a clean energy future for the United States of America. One 
year ago in my State I hosted the first Colorado Renewable Energy 
Summit. At the summit, there were more than 500 of us brought together 
to talk about our national energy policy and the energy opportunities 
we face in my State.
  We put renewable energy in the headlines for Colorado, and we have 
kept

[[Page 7577]]

energy at the top of Colorado's agenda for the past year. This last 
Saturday, 2 days ago, on March 24, 2007, we again summoned the people 
of Colorado and we had over 1,000 people who attended a summit at the 
Colorado Convention Center. We were joined in that summit by my 
colleague Senator Wayne Allard, by Colorado Governor Ritter, the mayor, 
six Members of the U.S. House of Representatives, the president of the 
Colorado Senate, the speaker of the Colorado House of Representatives 
and, as I said, more than 1,000 people in my State who were interested 
in renewable energy and energy efficiency, not only for our State but 
for the entire country.
  Because of the work we have taken on in the last year in Colorado, 
today we have a Colorado Renewable Energy collaboration. That 
laboratory is an incredible association with the National Renewable 
Energy Lab, the Colorado School of Mines, Colorado State University, 
and the University of Colorado at Boulder.
  Even though the ink is not yet dry on the formation of the 
collaboration, these four great research institutions have already 
launched a world-class research program. It is called the Colorado 
Center for Bioresearch and Biofuels.
  Colorado's private sector is moving forward, too, on a variety of 
different fronts. First, with respect to wind, Colorado has added over 
60 megawatts of wind generation in the last 4 years. But consider what 
is on the agenda for 2007. In 2007, my State of Colorado will add 
another 775 megawatts. That is more than tripling the State's 
production of wind generation. That is an equivalent of the generation 
we get from approximately two full-fledged powerplants.
  Beyond wind, we have embraced solar. Since the passage of a citizens' 
initiative in Colorado 2 years ago, Colorado's solar industries have 
seen a growth of 40 percent every year. The State's first commercial 
solar electricity project will be constructed in my native San Luis 
Valley in 2007. We moved from wind to solar to biodiesel. In 2004, 
there was no biodiesel produced in the State of Colorado. Today we have 
three plants in my State that are producing more than 30 million 
gallons a year, and a fourth plant is ready to start operations in the 
production of biodiesel.
  We go beyond biodiesel to ethanol. Two years ago we had no ethanol 
plants in the State of Colorado. Today we have three ethanol plants 
that are producing 90 million gallons of ethanol, and we have a fourth 
plant that will come on line in 2007, adding 50 million more gallons 
per year, and several other plants that are in the planning stages.
  That is not all. In my State of Colorado, we have moved forward with 
wind energy companies, with solar, photovoltaic designers, and 
manufacturers who are opening facilities in places such as Larimer 
County. Cellulosic ethanol companies, which are engaged in research and 
development, inform us within 2 years they will be at a point where 
cellulosic ethanol will be available in the commercial markets.
  We have hybrid vehicle manufacturers who are doing the technology 
development and research in my State, hybrid and plug-in vehicle 
battery manufacturers, engine efficiency research companies, such as 
German manufacturers in El Paso County and Colorado Springs.
  There is a whole lot more that is happening with respect to clean 
renewable energy in my State of Colorado. We have a long road ahead of 
us, but we have found our stride and we know the destination. We want 
America to be the world's center for renewable energy research, for 
development and for production. I want my State to play a significant 
role as we embrace that agenda.
  Let's be clear about what is happening with respect to energy in the 
United States of America. Some of us need to remind ourselves it was 
not so long ago when President Nixon and then President Carter later on 
said we needed to embrace a new ethic of energy independence. This was 
in the 1970s, some 35, 40, 45 years ago when we were talking about the 
importance of energy independence, frankly, because of the economics 
that were driving it at the time. There was great concern with respect 
to the formation of OPEC and with respect to the volatility of markets 
that could disrupt the American economy.
  We see what happened in response to the leadership in the 1970s where 
there were great investments made in technologies that would look at 
alternative fuels that would power our homes and cars in this country. 
But the driver of economics went away when the price of oil dropped to 
around $20, $21, $22, $23 per barrel. Over this last year, we saw the 
price of oil get up to $60 and $70 per barrel, and we saw the price of 
a gallon come up to $3 a gallon, in some places more than $3.50, $3.60 
a gallon, the price of diesel following the same path. It became 
apparent at the time the economic driver was not the only significant 
driver here.
  Mr. President, may I inquire as to the amount of time we have in 
morning business?
  The ACTING PRESIDENT pro tempore. We have 7\1/2\ minutes remaining.
  Mr. SALAZAR. May I inquire of my friend from West Virginia as to 
whether he planned on using any of the time in morning business.
  Mr. BYRD. Mr. President, I do have an amendment, and I will speak to 
that amendment.
  The ACTING PRESIDENT pro tempore. If the Senator from West Virginia 
does have not objection, we will allow the Senator from Colorado to 
finish his remarks, and then we will recognize the Senator from West 
Virginia.
  Mr. BYRD. Very well.
  Mr. SALAZAR. Mr. President, so I am clear on my time, I have about 7 
minutes in morning business allocated to me under the current order?
  The ACTING PRESIDENT pro tempore. That is correct.
  Mr. SALAZAR. Mr. President, let me continue with respect to the 
comments I was making concerning the issue of energy.
  If you think about the 1970s and the 1980s, it was the economy that 
was at the root of what we were trying to do to develop solar energy 
and wind energy and looking at biofuels and the like. A lot has changed 
in those times. There is tremendous interest and a tremendous amount of 
energy being spent in each of our committees here in the Senate and the 
House of Representatives and in the White House and the Department of 
Energy on a clean energy future for America.
  Some people will ask the question today: Well, is this another short-
lived agenda in the same way it was in the 1970s and the 1980s? When 
you look at the charts and you see what we were investing in clean 
energy technology back in the 1970s and 1980s, it was significantly 
higher than what we are investing in the 1980s and the 1990s and the 
early 2000s.
  I submit that things have changed because the drivers today are not 
only the economic drivers of our time. Today when we look at the energy 
issues we face in our world, it is not just about the volatility of the 
energy markets we see around the world and here in the United States, 
there are two other drivers that are equally as important. The first of 
those drivers has to be our national security. When you think about the 
fact that today we are importing about 60 percent of our oil from 
foreign countries, in the next 10 to 15 years, if projections continue 
the way they are, and growth continues the way it is expected to 
continue, we will be importing 70 percent of our oil from foreign 
countries.
  If that occurs, then we will continue to compromise the foreign 
policy, the national security of this Nation in a manner none of us 
should ever allow to happen. In fact, it would be a dereliction of duty 
for this Congress, for the Senate, and for this country to allow that 
to happen.
  In the latest skirmish with Israel and Lebanon, one has to ask the 
question about where that money was coming from that was funding the 
militia group of Hezbollah in its firing of nearly 10,000 rockets into 
the northern city of Haifa in northern Israel. One has to ask that 
question, where was the money coming from that would fund the 10,000 
members of that militia

[[Page 7578]]

group called Hezbollah in Lebanon and other places around the world?
  Well, we do not need to look very far for the answer to that 
question. You and I know--you as the Presiding Officer are well aware 
of the security interests here in our country--very well that the money 
creating and funding the terrorist groups in places such as Lebanon is 
coming from oil. It is coming from oil we are paying $60 and $70 a 
barrel for today.
  So the very national security of our country requires us, it demands 
of us, and we can do no less than to move forward with an agenda that 
grasps the imperative of energy independence in our world. That energy 
independence will come about with great opportunities as we look at a 
clean energy future for America. We will be able to derive jobs and 
create the kind of national economic security we need in the United 
States of America.
  The final driver is the issue of global warming. The debate is about 
whether global warming is an issue that needs to be confronted in the 
United States of America, the debate that was being held several years 
ago. But I would imagine most people in the United States of America 
today are saying it is important for us to confront this issue.
  In fact, as we are opening this day in the Senate, Senator Bingaman 
and Senator Domenici are holding a hearing with members of the European 
Union on the issue of global warming. Things have changed. Things have 
changed from the 1970s and the 1980s and the 1990s when America slept, 
and the only factor that was driving us to energy independence was the 
volatility of the markets.
  Today the driver is national security. We cannot afford to compromise 
our national security by continuing to be overdependent, by continuing 
our current addiction to foreign oil. We cannot afford to ignore the 
issue of global warming that threatens the future of civilization. How 
we approach those issues and how we develop solutions that bring us to 
a positive movement forward is very important.
  The issue of energy is one that can bring America together. To be 
sure, the last 6 years have seen a divided America on many issues, 
including Iraq. Energy can bring together Democrats and Republicans, 
progressives and conservatives, much as the Energy Futures Coalition 
has done in working with all of us. We crafted legislation that we call 
Set America Free. It is my hope that by the time the Senate finishes 
for the year or before we begin the August recess, we will have 
legislation that is bipartisan in nature, that will move us forward 
with a new energy future for America. That energy future will be one 
that is bound by a vision of a clean energy future that includes 
renewable energies, new technologies, and that goes after the low-
hanging fruit of energy efficiency and addresses the issue of global 
warming.
  I ask unanimous consent that a portion of a speech I gave at an 
energy summit in Colorado be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                    Colorado New Energy Summit--2007

       This is the dawning of a new age for Colorado and America--
     this is the dawning of the age of America's clean energy 
     future!
       One year ago, we hosted the first Colorado renewable energy 
     summit. That 2006 Summit brought more than 500 of us together 
     to talk about our national energy policy and Colorado's 
     energy opportunities. We put renewable energy in the 
     headlines for Colorado, and we've kept energy at the top of 
     Colorado's agenda for the past year.
       This Saturday, March 24, 2007, over one thousand people 
     from Colorado joined us for Colorado's New Energy Summit. We 
     were joined by two United States Senators, the Colorado 
     Governor, the Mayor of Denver, six Members of the U.S. House 
     of Representatives, the President of the Colorado Senate, the 
     Speaker of the Colorado House of Representatives . . . and 
     more than one thousand Coloradans who want more renewable 
     energy, improved energy efficiency, and greater energy 
     independence.
       One year ago, we talked about attracting more energy 
     research projects and more energy entrepreneurs to Colorado. 
     Today, we have the Colorado Renewable Energy Collaboratory, 
     an incredible association of the National Renewable Energy 
     Lab, the Colorado School of Mines, Colorado State University 
     and the University of Colorado at Boulder. And even though 
     the ink is not yet dry on the Collaboratory Agreement, these 
     four great research institutions have already launched a 
     world class research program: the Colorado Center for 
     Biorefining and Biofuels--C2B2.
       And Colorado's private clean energy sector is taking off, 
     too.
     Wind
       Colorado has added 60 megawatts of wind capacity in the 
     last two years.
       And by the end of 2007, we will add another 775 megawatts, 
     more than tripling the State's production of wind power to 
     more than 1,000 megawatts.
     Solar
       Since the passage of Amendment 37, Colorado's solar rooftop 
     industries have seen growth of 40% per year.
       And the State's first commercial solar electricity project 
     will be constructed in the San Luis Valley in 2007.
     Biodiesel
       In 2004, there was no biodiesel produced in Colorado.
       Today, we have three plants producing more than 30 million 
     gallons a year, and a fourth plant ready to start operations.
     Ethanol
       Two years ago, there were no ethanol plants in Colorado.
       Today, three plants produce more than 90 million gallons 
     per year, and a fourth plant will come on line in 2007, 
     adding another 50 million gallons per year.
       And that's not all. We have locally based:
       Wind energy companies
       Solar photovoltaic designers and manufacturers
       Cellulosic ethanol companies, engaged in R&D and preparing 
     to build biorefineries
       Hybrid vehicle manufacturers
       Hybrid and plug-in vehicle battery manufacturers
       Engine efficiency research companies
       And that's only the beginning.
       Colorado's clean, renewable energy economy is on the move.
       We have got a long road ahead of us, but we have found our 
     stride and we know our destination: Colorado will be the 
     world's center for renewable energy research, development and 
     production.


                      america's energy challenges

       We have come a long way in the past year, and we should be 
     proud, but we must be realistic about the energy challenges 
     that face us as a Nation and world.


                    energy security and independence

       First, energy policy is at the heart of our national 
     security. The United States continues to import much more oil 
     than we produce. Nearly two-thirds of our oil supplies come 
     from abroad. And much of that oil, comes from unstable and 
     even politically hostile regions. Our deep dependence on 
     foreign oil means that our national security is constantly at 
     risk. Our oil supply lines are long and fragile. Even worse, 
     our dependence on foreign oil means that we're sending 
     hundreds of billions of dollars overseas, much of which flows 
     to regimes that are hostile or corrupt or both. Indeed, we 
     are funding the very regimes that threaten our interests. It 
     is foolish to think we can control our Nation's security if 
     we can't control our energy lifelines.
       It may be decades before we get the majority of liquid 
     transportation fuels from renewable sources, but that doesn't 
     mean renewables can't make a significant difference 
     immediately. We produced nearly five billion gallons of 
     ethanol in 2006, biodiesel is on the rise and cellulosic 
     biofuels will be in commercial production by 2009. We can 
     also look to other current or emerging technologies--hybrids 
     and plug-in electrics--to reduce our thirst for oil.
       There are a lot of good reasons to turn to renewable 
     energy, but I start with this one: the most effective step to 
     increase our national security in the twenty-first century is 
     to reduce our dependence on foreign oil.


                   Energy and Economic Sustainability

       The second energy challenge that we face is economic. We're 
     not going to run out of oil any time soon, but we're going to 
     run out of cheap oil. Oil from new reserves and alternative 
     sources, like the deep Gulf of Mexico reserves and Canadian 
     tar sands, will cost much more to find, to extract and to 
     refine. On top of increased costs, we are going to see 
     increasing competition from the rapidly growing economies qf 
     China and India and other developing nations. That means 
     demand pressures on top of supply pressures.
       And it is not just our cars and trucks that run on oil--
     much of our current economy depends on oil and natural gas. 
     We heat with it, we produce lubricants and fertilizers and 
     commercial chemicals with it, and we make plastics and fibers 
     and construction materials from it. The economic 
     competitiveness of our economy will be determined in 
     substantial part by how we cope with increasing energy costs. 
     In coming decades, those economies that develop reliable, 
     affordable sources of energy will thrive. Those economies 
     that remain dependent on imported oil and gas will suffer.
       But, there is also an economic opportunity. There is money 
     to be made in creating new energy technologies, and there is

[[Page 7579]]

     money to be made in using them. America has led the world in 
     developing renewable energy technologies, but we have lost 
     much of our advantage because other nations have been much 
     better at implementing those technologies. Solar energy, wind 
     energy, biofuels--most of these technologies were originally 
     developed here, but other nations have surpassed us in 
     manufacturing or implementing these technologies. We should 
     admire the Japanese and the Germans for their solar 
     photovoltaics, the Israelis for concentrating on solar power, 
     the Danes and Germans for their advances in wind technology, 
     and the Brazilians for their ethanol, but there is no reason 
     for us to import their technology when we can manufacture 
     this equipment right here in America.


                        Energy and Rural America

       I believe our economic future depends on our ability to 
     create the energy technologies of tomorrow.
       Nowhere is this more true than in rural America. With the 
     advent of new energy technologies--including biofuels, wind 
     and solar--rural America can become not only our food basket, 
     but also our energy basket. At a time when we have record 
     trade deficits and much of rural America is struggling 
     economically, we should be investing in renewable energy from 
     our farms and ranches instead of importing foreign oil.
       And let me point out that all our energy does not have to 
     come from 500 megawatt electric power plants or 100 million 
     gallon a year ethanol plants. Big centralized plants will 
     always have their place, but much of our energy can come from 
     smaller production plants, whether it's a small wind farm or 
     a community-owned biodiesel plant. Distributed generation of 
     electricity and biofuels will play a major role in our energy 
     future, and much of that energy production will benefit rural 
     America, both by creating new sources of income and by 
     reducing the cost of locally produced and locally used 
     energy.


                             global warming

       The two drivers of national security and economic 
     challenges and opportunities drive us toward a renewable 
     energy and energy efficiency future. But there is a third 
     driver, just as compelling: global warming. Average 
     temperatures are rising, glaciers and sea ice are melting, 
     and the overwhelming majority of scientists agree that our 
     use of fossil fuels is a significant part of the problem.
       There is no single solution to this crisis, no silver 
     bullet. But there are lots of options that will contribute to 
     a solution, including technologies and investments that 
     increase energy efficiency and conservation. Currently 
     available technologies, like fuel-efficient cars and compact 
     fluorescent light bulbs, reduce energy consumption. Biofuels 
     replace billions of gallons of gasoline and diesel, and 
     biofuels reduce the net amount of greenhouse gas emissions 
     because next year's crop will capture the emissions from this 
     year's fuels. Once installed, solar and wind technologies 
     produce electricity without generating any carbon dioxide.
       And new technologies may enable us to use some fossil fuels 
     without contributing to global warming. IGCC--integrated 
     gasification combined cycle--power plants, for example, may 
     allow us to capture the carbon dioxide in coal before it is 
     released to the atmosphere, so that the CO2 can be 
     used or can be sequestered deep underground.
       With creativity and commitment, there are many actions that 
     we can take that will substantially reduce greenhouse gas 
     emissions and help to turn the tide of global warming.
       Countless generations of human beings have in my State 
     enjoyed this beautiful planet. But it is not certain that our 
     grandchildren and great grandchildren will be able to enjoy 
     snowcapped peaks, mountain streams, Colorado skiing, lush 
     green forests and fields of grain. If we want them to see and 
     enjoy Colorado's beauty and enjoy our State's natural 
     resources, then we need to act--now. And what is true for 
     Colorado is true for the Nation. Those of us who walk the 
     Earth today are not solely responsible for the fact of global 
     warming--the roots of this crisis go back to the Industrial 
     Revolution--but it falls to us to do something about it. We 
     must not fail.
       The three great energy challenges that confront us at the 
     dawn of the 21st century are daunting--national security, 
     economic sustainability and the future of our planet. But we 
     know we can and will confront these challenges. And part of 
     the solution to each of these challenges lies in renewable 
     energy and efficiency and other clean energy technologies. 
     For the past 25 years, America has lacked the consistent 
     political leadership and public commitment to pursue these 
     new technologies, but their time has come and today we can 
     unite America in the spirit of bipartisanship to confront 
     these challenges.


                       State and local leadership

       Much of the leadership in the areas of renewable energy and 
     energy efficiency has come from local and state efforts. In 
     November, 2004, the people of Colorado were the first in the 
     Nation to enact a renewable energy standard by popular vote 
     with the adoption of Amendment 37. Our General Assembly and 
     our new Governor have taken up the baton and carried it 
     forward with exciting new programs that will expand wind and 
     solar power in Colorado. Other states have done the same.


                      Energy in the 110th Congress

       So I applaud and encourage this kind of state and local 
     leadership, but the ultimate success of our new energy policy 
     and our new energy economy will also require national 
     leadership in this 110th Congress.
       I am proud to be a sponsor, with Senator Chuck Grassley, of 
     Senate Concurrent Resolution 3 to adopt 25 25 as a national 
     goal. Many of you know about this initiative. The goal is to 
     produce 25% of our total energy needs from our farms, ranches 
     and forests by the year 2025. Independent studies confirm we 
     can achieve that goal. 25 25 makes economic sense. Achieving 
     this goal will yield over 700 billion dollars in economic 
     activity and create more than 4 million new jobs. A 
     combination of energy conservation, energy efficiency and 
     renewable energy can get us to our goal. We should establish 
     the 25 25 resolution this Congress.
       As a member of the Senate Agriculture Committee, I am also 
     working on the 2007 Farm Bill with Senator Tom Harkin and my 
     colleagues on that Committee. This new Farm Bill will include 
     an expanded Energy Title that will create new programs and 
     build upon existing programs to make the goal of 25 25 
     achievable. Just two weeks ago, Senator Harkin, Chairman of 
     the Agriculture Committee, traveled to Colorado for two 
     purposes: to visit NREL and to hold a Committee hearing on 
     the Farm Bill. Senator Harkin and I agree that good farm 
     policy means good energy policy in this new world.
       I am also enthused by Senator Max Baucus and my colleagues 
     on the Finance Committee as we do our part to address the 
     energy challenges of our time. I have introduced a series of 
     bills that will help us I produce more renewable energy, 
     adopt more energy efficient technologies and combat global 
     warming.
       Senate Bill 672 is the Rural Community Energy Bonds Act. I 
     support our big wind farms, but we need a lot of small wind 
     farms, too, and we need a lot of small biomass and solar and 
     other renewable energy projects. This bill will allow small 
     renewable energy projects with at least 49 percent local 
     ownership to qualify for tax-exempt bonds. That will make it 
     easier for locally and community owned renewable energy 
     projects in rural and small town America to find investors. 
     And local ownership means that more of the profits from those 
     projects will stay on Main Street in Colorado's small towns.
       I have also introduced the Rural Wind Energy Development 
     Act, Senate Bill 673. This bill will create a tax credit for 
     every residential wind turbine installed and will also allow 
     for accelerated depreciation on those turbines. For turbines 
     under 100 kilowatts, there's a tax credit of $1,500 for each 
     half-kilowatt of generating capacity. As I said earlier, we 
     need more distributed generation, and this bill will help us 
     develop it.
       I am also working on several other bills to encourage 
     renewable energy production and energy efficiency 
     investments. The Securing America's Energy Independence Act 
     will extend the energy tax credit for solar technologies and 
     for residential energy efficiency improvements through 2016. 
     If we want manufacturers to build these technologies and we 
     want homeowners to buy them, we need to create reliable 
     incentives that encourage planning and investment.
       I am also proud to co-sponsor the DRIVE Act with Senator 
     Bingaman and nearly 30 co-sponsors, with equal numbers of 
     Republicans and Democrats. The Drive Act stands for 
     Dependence Reduction through Innovation in Vehicles and 
     Energy. This bill, Senate Bill 339, and other related 
     legislation, will reduce oil consumption by 25% by 2025, 
     impose Federal fleet conservation requirements, support 
     research on electric vehicles, require the Federal government 
     to purchase 15% of its electricity from renewable sources by 
     2015, and would phase-out incandescent light bulbs in favor 
     of more energy efficient technologies. I am hopeful that this 
     bill will pass in this Congress.
       I'm also working with other members of the Senate Energy 
     and Natural Resources Committee to draft a bill to require 
     the use of 30 billion gallons of renewable fuels by 2020, to 
     increase the funding for bioenergy research and development, 
     and to offer financial support for renewable fuel production 
     facilities, including cellulosic biofuel plants and 
     biorefineries.
       We should all recognize that we are going to be dependent 
     on fossil fuels for a significant portion of our energy for 
     the next several decades, so I'm sponsoring legislation to 
     conduct a national assessment of our carbon sequestration 
     capacity. As we continue to burn fossil fuels, we must find a 
     way to reduce the volume of carbon dioxide released into the 
     atmosphere. IGCC technology can achieve its promise only if 
     we can effectively sequester the carbon dioxide that's 
     captured.


                               Conclusion

       Together, the 110th Congress can lead our State and our 
     Nation to a new energy future.

  Mr. SALAZAR. I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER (Ms. Klobuchar). The clerk will call the roll.

[[Page 7580]]

  The legislative clerk proceeded to call the roll.
  Mr. BYRD. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




 U.S. TROOP READINESS, VETERANS' HEALTH, AND IRAQ ACCOUNTABILITY ACT, 
                                  2007

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of H.R. 1591, which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 1591) making emergency supplemental 
     appropriations for the fiscal year ending September 30, 2007, 
     and for other purposes.

  The PRESIDING OFFICER. The Senator from West Virginia.


                           Amendment No. 641

         (Purpose: An amendment in the nature of a substitute)

  Mr. BYRD. Madam President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from West Virginia [Mr. Byrd] proposes an 
     amendment numbered 641.

  Mr. BYRD. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. BYRD. Madam President, today we take up a supplemental bill to 
fund our troops in the field, to send a strong message about the 
direction of the war in Iraq, to improve the veterans and defense 
health care system, to help the victims of Hurricane Katrina rebuild, 
to secure the homeland, and to provide emergency relief to farmers 
impacted by major drought and freezes. We are now in the fifth year--
the fifth year--of the war, this terrible war.
  I was against it. I voted against it. We are there. We are now in the 
fifth year of the war in Iraq. The debate about the war has 
deteriorated into a series of buzz words--preemptive war, mission 
accomplished, exaggerated intelligence, inadequate body armor, and 
surges--and on and on. Our job in the Senate is not to look backward 
but to look forward.
  The Constitution clearly gives the Congress the power--yes, it does; 
it clearly gives the Congress, us, the power--to decide when this 
Nation should go to war, and it gives Congress the power of the purse, 
money. Money talks. Funding such conflicts is the responsibility of the 
Senate Appropriations Committee, the Senate Appropriations Committee. 
The buck stops here, and don't you ever forget it, the Senate 
Appropriations Committee. Because of that power over the purse, it is 
certainly our duty to debate the future of the war in Iraq.
  The bill before the Senate includes a provision that would give the 
war a new direction, and it points the way out--out, out--of the civil 
war in Iraq. There is no restriction on funding for the troops--no 
restriction on funding for the troops. We fully fund the needs of the 
troops. We do that, yes. In fact, the bill provides more funds than the 
President requested for the Department of Defense, with an increase of 
$1.3 billion for the defense health care system, $1 billion for 
equipping the Guard and Reserve, and $1.1 billion for military housing.
  The language in the bill narrows the mission of our troops in Iraq, 
keeps pressure on the Iraqi Government to meet benchmarks on national 
reconciliation, requires the President--yes, hear me now; requires the 
President--to send Congress a phased redeployment plan. It sets a goal 
for the redeployment of most of the U.S. troops from Iraq by March 31, 
2008.
  This country was not attacked by Iraq on 9/11. There was not a single 
Iraqi, not one, involved in the devastation in New York, Washington, 
and Pennsylvania on that fateful day. According to our own Government, 
the perpetrators of 9/11, Osama bin Laden and his organization, are 
alive today and rebuilding in Afghanistan and Pakistan at this moment, 
as I speak, so help me God. Language in this bill would allow the 
President to refocus our military and our intelligence on the 
terrorists who actually attacked us on 9/11.
  During the debate on this bill, assertions will be made, yes, that it 
is inappropriate to add to this bill funding to meet domestic needs. In 
fact, the White House has claimed that efforts to add funding for our 
veterans, for Katrina victims, and for homeland security will hold 
hostage the funds for the troops. What nonsense--hear me--nonsense. 
Just more buzzwords.
  In fact, funding for the war is not the only critical need worthy of 
supplemental funding this year. The war must not obliterate every other 
concern. Last week, the Director of the Office of Management and 
Budget, Rob Portman, said the President would veto the bill if the Iraq 
language and additional spending remain in the bill. He said:

       We're disappointed the Senate is allowing politics--

  humbug--

     to interfere with getting needed resources to our troops.

  Politics? Politics? I ask the Senate, is it politics to ensure that 
the VA has a health care system that can provide first-rate care for 
the wounded? Is it? No. It is a moral imperative--yes, a moral 
imperative.
  Is it politics to provide critical resources to help the gulf region 
rebuild after Hurricane Katrina? Is it? Is it politics? No, it is not 
politics. It is compassion--compassion.
  Is it politics to help rural America recover from drought and freeze? 
Is it? No. It is common sense, do you hear me, common sense and good 
economics.
  This bill meets some of the most urgent needs of our country. It 
includes $1.7 billion to ensure that the VA has the resources it needs 
to help the brave men and women wounded in the war. The VA needs 
resources in order to provide first-rate care to profoundly wounded, 
terribly wounded, horribly wounded soldiers. We are morally bound--hear 
me; yes, we are morally bound, aren't we, to care for our wounded 
troops. This is not politics. No. Shame. This is not politics; it is 
common decency.
  This bill also includes $3.3 billion above the administration's 
request for the victims of Hurricanes Katrina, Rita, and Wilma. The 
President proposes to pay for the increased costs of repairing the 
existing levees in Louisiana by cutting the funding that Congress 
provided to improve the capacity of the levees to protect New Orleans 
from future hurricanes. Shame. That makes no sense.
  The bill provides new resources to repair the levees. We will not 
follow a nonsensical strategy of repairing the existing levee system 
that failed during Katrina by cutting funding already appropriated for 
actual improvements to the levee system. We will not. We also include 
funding for health and education, for law enforcement, and for transit 
systems in the gulf region to help rebuild, to bring people back to 
work, and to bring the region back to life. Not politics, just plain 
old common sense.
  The bill includes $4.2 billion for agricultural disaster relief. The 
agricultural economy has been hit with drought and freezes. In 2006, 69 
percent of all counties in the United States were declared primary or 
contiguous disaster areas. Fourteen States had 100 percent of their 
counties declared disaster areas by the Department of Agriculture.
  I commend Senator Dorgan and Senator Feinstein and Senator Bond for 
their hard work on this disaster package.
  Madam President, I ask unanimous consent that a letter from 
California Governor Arnold Schwarzenegger requesting agricultural 
disaster assistance be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


[[Page 7581]]


                                                 February 8, 2007.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate, Washington, DC.
     Hon. Mitch McConnell,
     Minority Leader, U.S. Senate, Washington, DC.
     Hon. Robert C. Byrd,
     Chairman, Committee on Appropriations, Washington, DC.
     Hon. Thad Cochran,
     Ranking Member, Committee on Appropriations, Washington, DC.
       Dear Majority Leader Reid, Chairman Byrd, Senator McConnell 
     and Senator Cochran: As you prepare to begin work on the 
     Emergency Supplemental to fund vital government programs, I 
     implore you to include the Emergency Farm Assistance Act of 
     2007. The Farm Assistance Act provides much needed relief to 
     California's multi-billion dollar agricultural industry, 
     which has suffered devastating losses due to the recent 
     record setting freeze, as well as the extreme heat wave in 
     2006 and flooding in 2005.
       As you know, on January 11, 2007, an arctic air mass moved 
     into the state and extreme cold air conditions pushed 
     nighttime temperatures to record and near record lows 
     throughout the state for the next 8-10 days. These extreme 
     weather conditions had a devastating impact on California's 
     agricultural industry, exacting catastrophic losses on our 
     citrus, avocado, vegetable and strawberry crops. Agriculture 
     plays a central role in our local economies, and as a result 
     of the freeze, many farm communities and related businesses 
     have suffered massive losses. To provide immediate relief, I 
     directed state agencies to make state facilities available to 
     local agencies for use as warming centers. We also contacted 
     agricultural associations to ensure that growers were aware 
     of cold weather, so that appropriate protective actions could 
     be taken.
       In response to these dire events, I directed the execution 
     of the State Emergency Plan. In accordance with Section 401 
     of the Stafford Act, on January 12, 2007, I proclaimed a 
     state of emergency for all 58 California counties. I also 
     issued additional proclamations to specifically address the 
     impacts of the freeze on the agricultural industry, small 
     businesses and individuals in an effort to expedite federal 
     assistance to the counties that were hardest hit. I have 
     since requested that the President declare a major disaster 
     for 31 California counties.
       In spite of these significant efforts to protect crops, 
     agricultural communities in California have sustained 
     substantial crop losses and unknown long-term tree damage in 
     excess of $1.14 billion. With the loss of a major portion of 
     our agricultural crop, thousands of farmworkers and their 
     families in impacted counties have been displaced due to job 
     loss and loss of income. Despite the assistance farmers and 
     ranchers are now receiving through the United States 
     Department of Agriculture and the Small Business 
     Administration, more aid is needed. It is clear that the full 
     impact of this disaster wi11 be ongoing and systemic.
       The California Delegation has played a critical role in the 
     development of the Farm Assistance Act. I applaud their 
     bipartisan work to provide crucial assistance to our farmers 
     and ranchers in need. To that end, I strongly support the 
     Farm Assistance Act and its inclusion in the Emergency 
     Supplemental. The unfolding crisis in our agricultural 
     communities requires swift assistance and attention. 
     California agriculture literally feeds the nation, and I urge 
     you to include the Emergency Farm Assistance Act of 2007 as 
     part of the Emergency Supplemental.
       Thank you for your consideration of this important request.
           Sincerely,
                                            Arnold Schwarzenegger.

  Mr. BYRD. Providing agricultural disaster relief is not politics, no. 
It is good policy.
  The bill that is before the Senate also includes $2 billion for 
securing the homeland. In the State of the Union, the President said:

       The evil that inspired and rejoiced in 9/11 is still at 
     work in the world. And so long as that's the case, America is 
     still a nation at war.

  Despite hundreds of innocent people being killed in train bombings in 
London, Madrid, Moscow, Tokyo, and Mombai, India, and despite the 
aviation sector remaining at a high terrorist threat level since 
August, the President did not request one extra dime--not one thin 
dime--in the supplemental for securing the homeland. This bill includes 
funding for purchasing explosive detection systems for our airports, 
for grants to help secure our rail and transit systems, and for 
securing our ports and borders. The money is needed now.
  For 5\1/2\ years, since the attack on 9/11, this administration has 
raised fears of another terrorist attack. The administration has 
announced a high, or orange, threat level for possible terrorist 
attacks on eight different occasions. In every State of the Union 
Address, the President has stoked the fires of fear. Periodically, the 
Attorney General, the Secretary of Homeland Security, or the FBI 
Director helped to fan those flames. Yet the President consistently 
sends to Congress budgets for homeland security that do not reflect 
this perceived threat. Rather than spreading fear, the administration 
should be reducing vulnerabilities by doing everything it can to deter 
another attack. Providing funding to secure the homeland is not 
politics; it is an essential duty.
  The President's ``rob Peter to pay Paul'' approach to funding 
domestic agencies has real and demonstrably severe consequences. The 
failed response to Hurricane Katrina proved that. The inability to 
provide first-class health care to our wounded veterans proved that. 
But we never learn.
  Another important aspect of this bill is in the oversight and 
accountability that it mandates. For far too long--far too long--
oversight has been a lost cause, yes, around this Congress. Tough 
questions are ditched in favor of softballs. Honest answers are buried 
in political spin. This legislation says ``no more.'' Real oversight is 
back, and it will not be denied. This legislation makes major 
investments in inspectors general, from the Special Inspector General 
for Iraq Reconstruction to inspectors general for the Department of 
State, the Department of Defense, and the Department of Justice. Let's 
hope we can begin to get the waste, fraud, and abuse in Government 
under control. The legislation presses forward with GAO audits of the 
use of these dollars as we try to put an end to the contractors' 
bonanza of big dollars free from the prying eyes of Congress or the 
public. Insisting that U.S. tax dollars are wisely spent is not 
politics. What is it? It is our duty. Hear me. It is our duty.
  The Appropriations Committee has made careful choices. The White 
House assertion that spending in this bill is excessive or extraneous 
or political--humbug. It simply has no foundation. The committee has 
chosen to provide first-rate care to the war wounded, to provide 
resources to help the gulf region rebuild after Katrina, to improve 
homeland security, and to provide agricultural disaster assistance. 
This is a good bill. I urge prompt action on this legislation.
  Madam President, I yield the floor.
  Mr. COCHRAN. Madam President, this appropriations bill reported by 
our Committee on Appropriations responds to the President's request for 
supplemental funding for the Department of Defense and other 
departments and agencies. The bill provides $121.6 billion in emergency 
spending. Of this amount, $102.48 billion is provided to support Iraqi 
security forces to continue operations in Afghanistan and to wage the 
global war on terrorism. In testimony before our Appropriations 
Subcommittee on Defense, we were told this funding is needed by the end 
of April.
  I am disappointed the bill contains language that sets forth a 
timetable for the withdrawal of troops from Iraq. The language amounts 
to a restatement of S.J. Res. 9, which a majority of Senators voted 
against, 50 to 48, on March 15. The Senate has spoken on this issue. 
Inclusion of this language as reported by the Appropriations Committee 
last week will only slow down the bill and invite a Presidential veto. 
We need to approve the funding now. Unnecessarily extending this debate 
is not going to serve the national interests. I will offer an amendment 
to strike this language from the bill.
  In this bill, the Appropriations Committee also approved $14.8 
billion for additional emergencies, including $7.9 billion for 
continuing the recovery from Hurricane Katrina. The affected States are 
making good progress, slow but steady and sure. But additional Federal 
resources are needed. The bill also includes $1.7 billion for veterans 
health care facilities, which signals the committee's continuing 
interest in ensuring that our veterans receive the quality care they 
deserve.
  I applaud the chairman's goal, the distinguished Senator from West 
Virginia, of completing work on the bill this week. I am concerned, 
however, that the bill is almost $19 billion above

[[Page 7582]]

the President's request. We need to be sure this spending is necessary 
and responsible. I look forward to working with my good friend from 
West Virginia to ensure that this is the case. It is imperative that we 
provide funding to our troops promptly, and it will remain my goal to 
put a bill on the President's desk that he can sign.


                 Amendment No. 643 to Amendment No. 641

  Madam President, I send an amendment to the desk and ask that it be 
reported.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Mississippi [Mr. Cochran], for himself, 
     Mr. McCain, Mr. Lieberman, Mr. Graham, Mr. Warner, Mr. 
     Stevens, Mr. Brownback, Mr. Shelby, Mr. Craig, Mr. Allard, 
     Mr. Bennett, and Mr. Enzi, proposes an amendment numbered 643 
     to amendment No. 641.

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


                           amendment no. 643

(Purpose: To strike language that would tie the hands of the Commander-
in-Chief by imposing an arbitrary timetable for the withdrawal of U.S. 
 forces from Iraq, thereby undermining the position of American Armed 
 Forces and jeopardizing the successful conclusion of Operation Iraqi 
                                Freedom)

       On page 24, strike line 16 and all that follows through 
     page 26, line 24 and insert:

     ``SEC. 1315. BENCHMARKS FOR THE GOVERNMENT OF IRAQ.--''

  Mr. COCHRAN. Madam President, this is an amendment to the committee 
substitute which is now at the desk. The amendment will strike part of 
section 1315 of the bill titled ``Revision of United States Policy on 
Iraq.'' The majority of section 1315 of this act is a restatement of 
S.J. Res. 9, the United States Policy in Iraq Resolution of 2007.
  Two weeks ago, the Senate voted against adopting S.J. Res. 9 by a 
vote of 50 to 48. Section 1315 calls for a prompt transition of the 
mission in Iraq to a limited mission; a phased redeployment of U.S. 
forces from Iraq within 120 days of enactment of this act; a goal of 
redeployment of all U.S. combat forces from Iraq by March 31, 2008, 
except for a limited number essential for protecting U.S. and coalition 
personnel and infrastructure, training, and equipping Iraqi forces, and 
conducting targeted counterterrorism operations.
  Section 1315 also calls for a classified campaign plan for Iraq, 
including benchmarks and projected redeployment dates of U.S. forces 
from Iraq. Finally, it also includes an expression of the sense of 
Congress concerning benchmarks for the Government of Iraq, along with a 
reporting requirement by the commander, multinational forces, Iraq, 
which is currently General Petraeus, to detail the progress being made 
by the Iraqi Government on the benchmarks contained in this section.
  This amendment does not remove the sense-of-the-Congress provision 
that is important to a number of Senators. I think all Senators share 
an earnest desire that the Iraqi Government move aggressively to 
undertake the measures necessary to ensure a stable and free Iraq. The 
language to be removed by my amendment is essentially a restatement of 
S.J. Res. 9, which, as I said, on March 15 Senators defeated by a vote 
of 50 to 48.
  Before announcing his new plan in Iraq, the President sought input 
from his top military and civilian advisers, along with Members of 
Congress, foreign leaders, and other military and foreign policy 
experts. He acknowledged there was no easy solution to the situation in 
Iraq and the Middle East, and he determined a temporary deployment of 
additional U.S. troops in Iraq to support Iraqi security forces would 
provide a new window of opportunity for Iraqi political and economic 
initiatives to take hold and reduce sectarian violence. This plan 
provides the best hope to bring stability to the country and to hasten 
the day when our troops will come home.
  Earlier this year the National Intelligence Estimate entitled 
``Prospects for Iraq's Stability: A Challenging Road Ahead,'' was 
delivered to the Congress. The National Intelligence Estimate 
indicated--and I am quoting now from an unclassified version:

       Coalition capabilities, including force levels, resources, 
     and operations, remain an essential stabilizing element in 
     Iraq. If coalition forces were withdrawn rapidly during the 
     term of this Estimate--

  Which is 12 to 18 months--

     we judge that this almost certainly would lead to a 
     significant increase in the scale and scope of sectarian 
     conflict in Iraq, intensify Sunni resistance to the Iraqi 
     government, and have adverse consequences for national 
     reconciliation.
       If such a rapid withdrawal were to take place, we judge 
     that the Iraqi security forces would be unlikely to survive 
     as a nonsectarian national institution; neighboring 
     countries--invited by Iraqi factions or unilaterally--might 
     intervene openly in the conflict; massive civilian casualties 
     and forced population displacement would be probable; Al-
     Qaida in Iraq would attempt to use parts of the country--
     particularly al Anbar province--to plan increased attacks in 
     and outside of Iraq; and spiraling violence and political 
     disarray in Iraq, along with Kurdish moves to control Kirkuk 
     and strengthen autonomy, could prompt Turkey to launch a 
     military incursion.

  It is clear to me that it is in our national interests to support the 
President's new strategy, to help provide an opportunity for political 
and economic solutions in Iraq, and for more effective diplomatic 
efforts in the Middle East region. Of course, we know there are no 
guarantees of success, but according to the National Intelligence 
Estimate and the perspective of some of our most experienced foreign 
policy experts, maintaining the current course or withdrawal without 
additional stability in Iraq will be harmful to our national interests 
and to the entire region.
  We need to do what we can to help stabilize this situation and bring 
our troops home. As a beginning point, for this strategy to work, we 
should show a commitment to success. I support the new initiative and 
urge the Senate to give it a chance to work. This does not mean we 
should not monitor the situation or that the plan should not be 
adjusted as new developments occur, but we need to let the forces move 
forward to brighten the prospects of stabilizing Iraq and bringing our 
troops home.
  As Commander in Chief, the President needs our support. I support his 
efforts and the efforts of our troops. The Senate should provide the 
resources necessary to accomplish this mission, and these funds are 
included in this bill. Troop levels and missions need to be left to 
General Petraeus and his commanders who ought to have the flexibility 
to react to the situation on the ground in determining how to deploy 
troops as needed. Congress should not be tying the hands of our 
commanders or limiting their flexibility to respond to the threats on 
the battlefield.
  The inclusion of unnecessarily restrictive language will ensure a 
Presidential veto, we are advised. In testimony before the 
Appropriations Subcommittee on Defense, we were told that the funding 
provided by this bill is needed by the end of April. We need to speed 
this funding to our troops, rather than slow it down by returning to a 
debate already settled by the Senate by a recorded vote.
  Madam President, I urge the support of my amendment.
  The PRESIDING OFFICER. The Senator from West Virginia is recognized.
  Mr. BYRD. Madam President, I expect that a number of Senators will 
want to debate the Iraq amendment tomorrow. I look forward to a good 
debate on this matter.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. KYL. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Arizona is recognized.
  Mr. KYL. Madam President, I wish to speak to the amendment that was 
laid down by Senator Cochran from Mississippi, an amendment to strike 
language from the bill that is pending before us, language that would 
inhibit

[[Page 7583]]

the ability of our commanders on the ground to carry out the message we 
have asked them to perform in Iraq.
  As we are all aware, this security supplemental is designed to 
provide money for the conduct of our operations in Afghanistan and 
Iraq. There is a timetable here. The commanders have said they need, by 
April 15, the beginning part of this funding so they can carry out the 
missions we have asked them to perform. When I was there about a month 
ago, this message was given to me over and over when I would say: Is 
there anything I can do for you: Senator make sure we get the funding 
without the strings attached when we need that money.
  So the President requested this security supplemental appropriations 
bill. The House has acted. The Senate has the bill before us this week. 
Madam President, this funding bill will do no good if it has 
limitations imposed in it that prevent us from carrying out the 
mission, and the President has already said if language that sets a 
timetable for the withdrawal of our troops is included, he will be 
forced to veto the bill. We understand that.
  It makes no sense to me that we would go ahead and pass such a bill, 
knowing the President will veto it, because there would be no way for 
us to go back and redo it all before the April 15 time, when the troops 
begin to need this money. Many have suggested that this is actually a 
slow-bleed strategy on the part of some to put a poison pill in the 
bill, forcing the President to veto it, knowing it means the troops 
would not get the money they need when they need it. I would rather 
like to think that this is a genuine point of view on the part of some 
of my colleagues who believe we should put strings attached on this 
funding and somehow that will provide a more clear way for us to 
achieve our mission. I don't understand it, but I suspect somebody 
could argue that.
  What I would like to do is support Senator Cochran's amendment to 
simply strike this language from the bill. If the President is able to 
continue to carry out the Petraeus plan and we have funding to do that, 
we will know soon enough whether it will enable us to achieve the 
mission. By the summertime or thereabouts, if it appears this surge is 
not working, then we will know that as well.
  What I cannot understand is why anybody would want to pull the rug 
out from under the troops just at the time it appears the President's 
strategy is beginning to work. When I was there, there was already 
cautious optimism, signs of success of the plan--nobody wants to 
declare success or victory, of course, but that those elements of 
success continue to be manifested and be reported on.
  I ask unanimous consent to have printed in the Record, at the 
conclusion of my remarks, a piece by William Kristol and Frederick 
Kagan from the Weekly Standard of April 2, 2007, entitled ``Wrong on 
Timetables.''
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KYL. Madam President, this piece by William Kristol and Frederick 
Kagan tries to take the arguments that have been offered by the 
opposition in favor of a timetable and demonstrate why those arguments 
are incorrect. The first of the arguments is that the Iraqi Government 
needs stimulus by us, or a threat by us, that if they don't hurry up 
and do what they are supposed to do, we are going to pull out. This 
kind of strings attached, therefore, makes some sense. They point out 
the fact that, first of all, the resolution itself that was defeated in 
this body a week or so ago by a vote of 48 to 50, that resolution, 
which would have established timetables, was defeated, among other 
things, because the Iraqis have already gotten the message.
  It is not so much about sending a message to them as it is about 
sending a message to our enemies and to our allies and to our own 
troops, which says regardless of what you do, we are going to be out by 
a certain date. The problem with the goals and with the specifics that 
are supposed to be achieved, the benchmarks, so-called, in the 
legislation is that it matters not how well the Iraqi Government 
performs; we are still going to be out by a date certain. So it is not 
the kind of message we want to send to the Iraqi Government and, 
clearly, not the kind we want to send to our enemies who simply know 
they have to just wait us out.
  Another argument is that American forces would be able to fight al-
Qaida, and we don't need to be involved in the civil war of the Iraqis. 
It would take a lawyer to figure that out. You are going to have to 
have a lawyer with every squad on patrol to figure out whether they are 
fighting al-Qaida or somebody else or what kind of action can be taken. 
It is very hard to distinguish whom you are fighting when the fighting 
is going on. Al-Qaida is definitely a problem. What did al-Qaida do? 
They went over to bomb the Golden Mosque in Samarra, which got the 
Shiites to decide they had to provide protection with militias, which 
went over and attacked the Sunnis, who then went over and attacked the 
Shiites and achieved the objective that al-Qaida wanted: to foment 
violence among different factions within the country.
  Where do you draw the line against fighting al-Qaida and someone else 
if someone else is doing al-Qaida's bidding? It is a very convoluted 
proposition. Clearly, you cannot have troops there to fight one 
specific enemy but not another, especially when they are so difficult 
to identify.
  Finally, some think it is too late, that we have already lost, and we 
might as well figure out a way to get out. I haven't heard my 
colleagues talk that way because, under that scenario, you ought to cut 
off funding today and not wait for the 6 or 8 or 10 months called for 
under the resolution. As I said, the Senate defeated the virtually 
identical provision 2 weeks ago. One of the reasons is because our 
military is making progress. It is finding that, for example, in Sadr 
City, the mayor of Sadr City essentially invited the Iraqi and 
coalition forces in without a shot being fired. The forces of Moqtada 
al-Sadr have either gone underground or disbanded. Al-Sadr himself is 
believed to have gone to Iran. Prime Minister Maliki has made it clear 
he is not going to relent against the forces of the Sadr army. He has 
fired the Deputy Health Minister, one of Sadr's allies. He has turned a 
deaf ear to the complaints of al-Sadr. He oversaw the cleaning out of 
the Interior Ministry, which was a stronghold that was corrupting the 
Iraqi police. He has worked with other coalition leaders to deploy the 
Iraqi units pursuant to the Baghdad security plan. Interestingly, he 
has also visited the sheik in Ramadi, which is the capital of Anbar 
Province and formally the real base of al-Qaida operations, and has 
gotten cooperation with the tribal leaders in that area to join us in 
the effort against al-Qaida and other insurgents.
  All of this is demonstrating cooperation of the Government in 
Baghdad, clearly refuting the notion that somehow the American policy 
has to be to threaten the Iraqis to cooperate with us or else we will 
leave and the only way to do that is by expressing that through a 
timetable. Clearly, the Iraqi Government is cooperating, and setting 
arbitrary deadlines would send exactly the wrong message both to our 
allies and, of course, to our enemies.
  We need to express the view to our allies that we will be there to 
protect them when the going gets tough. The enemy is not simply going 
to lie down and allow this plan to continue to work. They will fight 
back. As somebody said, there are going to be good days and bad days, 
but our allies need to know that we will be there in the bad days and 
that we won't set an absolute deadline for getting out.
  The other point I made earlier is the services need this supplemental 
appropriations bill, and that is why it is necessary for us to strike 
provisions of section 1315, provisions which would deny that funding 
without the strings that are attached.
  To this point, I also alluded to the fact that section 1315 is 
internally contradictory and self-defeating. As I said, it provides 
benchmarks for the Iraqi leaders to meet and then says it doesn't 
matter whether they meet them, we are out of here. The resolution would 
not send any message that

[[Page 7584]]

is constructive in any way and certainly is not changing the behavior 
of the administration.
  There are some who might believe they could support section 1315 
because it is less restrictive than the House language. Indeed, it is 
somewhat less restrictive, although essentially a distinction without a 
difference.
  This bill has to go to conference. There has been a great deal of 
discussion by pundits and others that the more liberal element in the 
House of Representatives is going to insist upon, at a bare minimum, 
the language that passed the House of Representatives which they felt 
was too moderate to begin with. We are likely to get change in a 
conference that is language the President will have to veto, language 
which is closer to the House language than the Senate language. I 
think, therefore, Senators should not be acting under the illusion that 
we can go ahead and pass this language and make sure that either in 
conference everything gets taken out or at least this language, rather 
than the more difficult House language, will be what is sent to the 
President.
  The reality is these are real bullets. This is not something with 
which to play around. I don't think we can be voting for something just 
because maybe in the conference committee we can try to make it a 
little bit better.
  Madam President, I wish to get to this point that will, perhaps, put 
this in perspective. I can't remember another time in history when the 
United States in the middle of a war has set a deadline and basically 
told the world: We will be out by this specific date. To state the 
proposition is to illustrate how odd and destructive a proposition it 
is. If someone can come to the floor and tell me when this has been 
done in the past and when it has had a salutary effect on the conflict, 
I would be very interested and would certainly be willing to listen to 
how that might have a positive effect here. But even colleagues on the 
other side of the aisle several months ago expressed themselves on the 
matter of timetables and deadlines, and they know who they are; they 
acknowledge this is not the way to fight a war. One thing you cannot do 
is tell the enemy when you are going to be leaving because it simply 
allows the enemy to wait you out. Nothing has changed. That fact still 
remains, and it seems almost inconceivable to me that Members now would 
be deciding it is now OK to set a deadline and to set timetables.
  Some might argue that it is just a goal, it is not a timetable. But 
the reality is there are both embodied in this section which we seek to 
strike. The beginning phrase is, ``The President shall commence the 
phased redeployment of United States forces from Iraq not later than 
120 days after the date of enactment of the act.'' That is not a 
``maybe,'' it is not an ``if everything goes well'' or ``if everything 
doesn't go well,'' it is a ``shall commence'' redeployment. The goal is 
``with the goal of redeploying by March 31, 2008,'' but the ``shall 
commence'' is pursuant to that goal. So you have to start it, and then 
you keep going, and your goal is to get it done by March 31, 2008. The 
only exception is for the limited purposes of leaving troops behind to 
protect our infrastructure and coalition personnel, training and 
equipping Iraqi forces, and conducting targeted counterterrorism 
operations.
  How do you decide how many troops you need to leave behind to conduct 
targeted counterterrorism operations when virtually everything we are 
doing in Iraq right now is counterterrorism? How do you decide we are 
going to be able to cut, say, in half the number of troops and still be 
able to effectively conduct targeted counterterrorism operations? If 
you are driving down a street to conduct a targeted counterterrorism 
operation and somebody begins firing on you, do you have to ask them 
whether they are a terrorist before you can return fire? Do you turn to 
your lawyer sitting in the humvee with you: I want to comply with the 
law, so can I shoot back or not?
  This is ludicrous. We cannot impose these kinds of conditions on our 
troops in the middle of combat and expect them to perform their mission 
safely. We send the best trained and best equipped troops into harm's 
way, and we need to give them the other tool they need to prevail; that 
is, the ability to carry out their mission as their commanders have 
defined it for them, not as it is micromanaged by a bunch of lawyers in 
Washington or Members of the Congress.
  So, No. 1, this isn't just a wish that we redeploy. It begins ``shall 
commence the phased redeployment not later than 120 days after the date 
of enactment of this act,'' and the goal is to have it all done by 
March 31 of next year. That is so destructive in the middle of war that 
I just can't believe my colleagues would actually contemplate doing 
that or that they can believe putting these kinds of limitations on our 
troops is a realistic way to fight a war--conducting targeted 
counterterrorism operations but not returning fire against, what, 
against somebody defined as an insurgent, maybe? I don't understand it, 
and I don't know how many lawyers it is going to take to understand it. 
Our troops on the ground who are in the middle of a conflict certainly 
are not going to be able to fight and defend themselves under 
restrictions such as these, which is, I gather, precisely why the 
President says he will have to veto it.
  That gets me to my last point. I can understand why, Madam President, 
if you felt this was a lost cause, you would want to just say: Let's 
have a vote to get out and be done with it and not fund the troops. But 
instead, there are some--and I am not suggesting in the Congress but 
there are some who have talked about this as a very clever strategy. 
They say the opponents of the President and the Congress are going to 
be able to say they voted to support the troops because they voted for 
a supplemental appropriations bill for that purpose, knowing all along, 
however, that it is a false exercise because it puts restrictions on 
the troops fighting the war that they can't possibly live with, so the 
President has to veto it. But he will get the blame, not them.
  Well, that is too clever by half. The American people understand 
this. I urge, if any of my colleagues are considering supporting this 
for that reason, that they fail to appreciate that the American people, 
yes, would like to bring our troops home, they would like to see this 
conflict ended, but, no, they do not want it to end with an American 
defeat. They do not want to see us defeated and, most especially, I 
can't imagine anybody who wants to have our troops continue the war for 
a limited duration of time under rules which put them in great danger, 
which is what this would do. So the President has to veto it.
  What happens when he vetoes the bill, if this is the form in which we 
pass it? We are now beyond April 15, the time the troops need the 
money, and yet Congress has still not acted to provide the security 
supplemental funding. The Defense Department now has to terminate 
contracts so they can switch money from this account over to this 
account and begin a very costly and time-consuming process of trying to 
make do while Congress makes up its mind, to make sure they can get the 
money to the troops so they can continue their operations.
  Maybe secretly there are some out there who hope all of this will 
gradually reduce the ability of the troops to perform their mission so 
that it becomes a proposition where our strategy, even under the best 
of circumstances, can't succeed. In other words, the Petraeus plan 
fails because we couldn't get the support to the troops when they 
needed the support.
  I hope that certainly my colleagues in the House and Senate will not 
buy into that proposition, will not pull the rug out from under our 
troops just when it appears this plan is showing signs of success. That 
slow-bleed strategy would not only ensure that we would lose everything 
we have gained so far, including the prospect of a success, but that 
our troops would be put in more danger now than they would be either by 
supporting them or simply by leaving. It would leave them in a middle 
ground, in the middle of a fire but without the ability to properly 
defend themselves.

[[Page 7585]]

  Maybe some believe that would force our hand and just bring them home 
anyway, acknowledge defeat, and be done with it. I don't think that is 
what the American people want. If anybody is thinking that is the 
strategy behind this proposition, I think they are not only misreading 
American public opinion but do not have the best interests of our 
troops in mind.
  Since that is the rationale behind this resolution, as offered by my 
colleagues, I am sure that is not the case. But that is why we need to 
strike this particular section from the bill.
  We will talk later about some other items that need to be stricken as 
well. It is amazing to me, and I won't get into all the pork that is in 
this bill, but here we have a security supplemental, emergency funding 
to support the troops, and we decide to lard it up with all manner of 
items that are not emergencies, have nothing to do with supporting the 
troops, but because everybody knows this is a must-pass bill, they 
figure this is a real good opportunity for them to get things in the 
bill that might otherwise be very difficult to pass in the Congress.
  Just a couple ideas: $3.5 million related to guided tours of the U.S. 
Capitol. I am all for guided tours of the U.S. Capitol, but is this an 
emergency?
  There is $13 million for mine safety research. I am sure mine safety 
is important to research. Is this an emergency which can't be put in a 
regular appropriations bill?
  We are targeting funding for sugar beets. I presume I like sugar 
beets--I am not sure--but I don't think it is an emergency for which we 
need to spend $24 million.
  There is another $3 million funding for sugarcane, which I understand 
goes to one Hawaiian cooperative.
  Here is something which would appeal to all the politicians: $100 
million for security related to the Republican and Democratic 
Presidential nominating conventions. Is that next month, Madam 
President? I have forgotten. Nominating conventions would be in July 
and August, not of this year but the following year--not exactly an 
emergency we need to fund in an emergency security supplemental to 
conduct this war.
  Do my colleagues hear what I am saying? Politicians have decided this 
is a good train to get on board because it has to move, we have to fund 
the troops. Since it is hard for us to get the Senate and the House to 
act on these items otherwise, we will just try to attach them to this 
bill.
  We will have other amendments to try to remove these extraneous 
matters from this funding bill. But what I wanted to talk about today 
was primarily my concern that if we don't strike this section which has 
the timetables for withdrawal, then one of two things is going to 
happen: Either the President vetoes the bill and it then takes us 
forever to get a clean bill to the President, with the result that the 
troops don't have the funding they need and the strategy that is 
currently working becomes a self-fulfilling prophecy for those who say 
it can't work because they have denied the funds for it to work, or 
these provisions remain and, of course, it is impossible to conduct 
operations with these strings attached for our troops. Either way, it 
is a heck of a way to fight a war. And it illustrates to me that we 
ought not try to micromanage this conflict from the Halls of Congress. 
We have plenty of other things that should occupy our time than 
developing a strategy and the rules of engagement for fighting a war 
when we have perfectly good people, such as General Petraeus who was 
unanimously confirmed by this body, to develop a plan and see to it 
that it is properly executed. We have sent him over to do it. I suggest 
we give him and his troops the support they need to get the job done.
  I would support the amendment of the Senator from Mississippi to 
strike this section from the bill.
  Madam President, I yield the floor.

                [From the Weekly Standard, Apr. 2, 2007]

                          Wrong on Timetables

              (By William Kristol and Frederick W. Kagan)

       Let's give congressional Democrats the benefit of the 
     doubt: Assume some of them earnestly think they're doing the 
     right thing to insist on adding to the supplemental 
     appropriation for the Iraq war benchmarks and timetables for 
     withdrawal. Still, their own arguments--taken at face value--
     don't hold up.
       Democrats in Congress have made three superficially 
     plausible claims: (1) Benchmarks and timetables will 
     ``incentivize'' the Maliki government to take necessary steps 
     it would prefer to avoid. (2) We can gradually withdraw over 
     the next year so as to step out of sectarian conflict in Iraq 
     while still remaining to fight al Qaeda. (3) Defeat in Iraq 
     is inevitable, so our primary goal really has to be to get 
     out of there. But the situation in Iraq is moving rapidly 
     away from the assumptions underlying these propositions, and 
     their falseness is easier to show with each passing day.
       (1) The Iraqi government will not act responsibly unless 
     the imminent departure of American forces compels it to do 
     so. Those who sincerely believe this argument were horrified 
     by the president's decision in January to increase the 
     American military presence in Iraq. It has now been more than 
     ten weeks since that announcement--long enough to judge 
     whether the Maliki government is more or less likely to 
     behave well when U.S. support seems robust and reliable.
       In fact, since January 11, Prime Minister Nuri al-Maliki 
     has permitted U.S. forces to sweep the major Shiite 
     strongholds in Baghdad, including Sadr City, which he had 
     ordered American troops away from during operations in 2006. 
     He has allowed U.S. forces to capture and kill senior leaders 
     of Moktada al-Sadr's Mahdi Army--terrifying Sadr into fleeing 
     to Iran. He fired the deputy health minister--one of Sadr's 
     close allies--and turned a deaf ear to Sadr's complaints. He 
     oversaw a clearing-out of the Interior Ministry, a Sadrist 
     stronghold that was corrupting the Iraqi police. He has 
     worked with coalition leaders deploy all of the Iraqi Army 
     units required by the Baghdad Security Plan. In perhaps the 
     most dramatic move of all, Maliki visited Sunni sheikhs in 
     Ramadi, the capital of Anbar province and formerly the base 
     of al Qaeda fighters and other Sunni Arab insurgents against 
     his government. The visit was made possible because Anbar's 
     sheikhs have turned against al Qaeda and are now reaching out 
     to the government they had been fighting. Maliki is reaching 
     back. U.S. strength has given him the confidence to take all 
     these important steps.
       (2) American forces would be able to fight al Qaeda at 
     least as well, if not better, if they were not also engaged 
     in a sectarian civil war in Iraq. The idea of separating the 
     fight against al Qaeda from the sectarian fighting in Iraq is 
     a delusion. Since early 2004, al Qaeda in Iraq (AQI) has 
     sought to plunge Iraq into sectarian civil war, so as to 
     critically weaken the government, which is fighting it. AQI 
     endeavors to clear Shiites out of mixed areas, terrorize 
     local Sunnis into tolerating and supporting AQI, and thereby 
     establish safe havens surrounded by innocent people it then 
     dragoons into the struggle. Now, heartened by the U.S. 
     commitment to stay, Sunni sheikhs in Anbar have turned on 
     AQI. In response, AQI has begun to move toward Baghdad and 
     mixed areas in Diyala, attempting to terrorize the locals and 
     establish new bases in the resulting chaos. The enemy 
     understands that chaos is al Qaeda's friend. The notion that 
     we can pull our troops back into fortresses in a climate of 
     chaos--but still move selectively against al Qaeda--is 
     fanciful. There can be no hope of defeating or controlling al 
     Qaeda in Iraq without controlling the sectarian violence that 
     it spawns and relies upon.
       (3) Isn't it too late? Even if we now have the right 
     strategy and the right general, can we prevail? If there were 
     no hope left, if the Iraqis were determined to wage full-
     scale civil war, if the Maliki government were weak or 
     dominated by violent extremists, if Iran really controlled 
     the Shiites in Iraq--if these things were true, then the new 
     strategy would have borne no fruit at all. Maliki would have 
     resisted or remained limp as before. Sadr's forces would have 
     attacked. Coalition casualties would be up, and so would 
     sectarian killings. But none of these things has happened. 
     Sectarian killings are lower. And despite dramatically 
     increased operations in more exposed settings, so are 
     American casualties. This does not look like hopelessness.
       Hope is not victory, of course. The surge has just begun, 
     our enemies are adapting, and fighting is likely to intensify 
     as U.S. and Iraqi forces begin the main clear-and-hold phase. 
     The Maliki government could falter. But it need not, if we do 
     not. Unfortunately, four years of setbacks have conditioned 
     Americans to believe that any progress must be ephemeral. If 
     the Democrats get their way and Gen. Petraeus is undermined 
     in Congress, the progress may indeed prove short-lived. But 
     it's time to stop thinking so hard about how to lose, and to 
     think instead about how to reinforce and exploit the success 
     we have begun to achieve. The debate in Washington hasn't 
     caught up to the realities in Baghdad. Until it does, a 
     resolute president will need to prevent defeatists in 
     Congress from losing a winnable war in Iraq.


[[Page 7586]]

  Mr. CORNYN. Madam President, I ask unanimous consent to speak for up 
to 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CORNYN. Madam President, I agree with the Senator from Arizona 
that the consequences of playing politics with this important funding 
for our troops is simply the wrong strategy; that what we have is a 
game of chicken between the House of Representatives, which is larding 
up a supplemental appropriations bill with a bunch of extraneous pork, 
and the President, recognizing that there are nonsecurity provisions in 
that supplemental appropriations, has said if that and the timetable 
for withdrawal from Iraq is included as part of this emergency 
supplemental, he will veto it. So this is a high-risk game of chicken, 
with the impact of delaying passage of the supplemental being felt 
directly by our troops on the ground, if that is in fact the result.
  Last week, Secretary Gates made clear the consequences of not quickly 
passing the supplemental funding necessary to support our troops. The 
downstream effects will directly impact our soldiers, sailors, marines, 
and airmen. By not moving expeditiously to pass a clean supplemental 
bill that can pass the Senate and be signed by the President, the 
majority risks extending the tours of our troops scheduled to come home 
from Iraq and slowing the repair of equipment necessary to equip them, 
as well as the training of Iraqi soldiers who are designed to replace 
them.
  Any delay in funding will not prevent a buildup of security forces in 
Iraq but, instead, threaten to dramatically impact forces already on 
the ground. Secretary Gates has said this kind of disruption to key 
programs will have a genuinely adverse effect on the readiness of the 
Army and the quality of life for soldiers and their families. So I 
can't imagine why in the world our colleagues on the other side of the 
aisle, the new majority, would want to risk that.
  This supplemental is necessary to pay for training and equipping the 
soldiers in Iraq and Afghanistan. If approved, the supplemental will 
pay for military operations in Iraq and Afghanistan, repairing and 
replacing equipment damaged or destroyed in combat, and new 
technologies to protect U.S. servicemembers. This last provision 
includes a new generation of body armor, better armored vehicles, and 
countermeasures against improvised explosive devices. IEDs have caused 
about 70 percent of the casualties in Iraq. The supplemental also will 
provide funding for training and equipping the Iraqi and Afghan 
security forces.
  If this supplemental appropriations bill is not passed by April 15, 
the military will be forced to consider the following: curtailing and 
suspending home station training for Reserve and Guard units; slowing 
the training of units slated to deploy next to Iraq and Afghanistan; 
cutting the funding for upgrading and renovating the barracks and other 
facilities that support quality of life for our troops and their 
families; and stopping the repair of equipment necessary to support 
predeployment training. This is what Secretary of Defense Robert Gates 
has said on March 22, 2007.
  If the supplemental is not passed by May 15, the military will be 
forced to consider the following: reducing the repair work done at Army 
depots; delaying or curtailing the deployment of brigade combat teams 
to their training rotations. This, in turn, will cause additional units 
in theater to have their tours extended because other units are not 
ready to take their place. Delaying the formation of new brigade combat 
teams; implementation of civilian hiring freeze; prohibiting the 
execution of new contracts and service orders, including service 
contracts for training events and facilities; and, finally, holding or 
canceling the order of repair parts to nondeployed units in the Army.
  All of these, according to Secretary of Defense Robert Gates, on 
March 22, 2007.
  When the new majority took over Congress, they promised change. In 
fact, the first bill passed in the Senate was an ethics bill that, in 
part, helped improve transparency in the way we spend taxpayers' money 
in Washington. While that ethics bill remains in limbo, the 110th 
Congress has returned to the tried-and-true technique of inserting 
mystery earmarks that have nothing to do with funding our troops or 
fighting the war on terror into a war supplemental bill.
  During the election season, many on the other side called the 109th 
Congress the ``do-nothing'' Congress. The 110th Congress is quickly 
becoming the ``say anything and do-nothing Congress'' when it comes to 
fiscal discipline. Last week, when the Senate debated the budget, the 
majority spoke of the need for fiscal discipline, even as it passed the 
$700 billion tax hike for taxpayers over the next 5 years.
  The chairman of the Senate Budget Committee was quoted as saying:

       We have a responsibility to govern, and you can't govern 
     without a budget.

  But governing takes more than simply passing a budget. Governing also 
includes the discipline to live within a budget.
  Unfortunately, both the Senate and the House failed in their first 
test by including billions more in the war supplemental than the 
President requested. As I mentioned, President Bush has already 
threatened to veto the House bill; not all because of the timetable it 
imposes for our troops' withdrawal from Iraq but also because the bill 
is full of pork.
  In today's edition of the Politico, they did a fine job of 
identifying some of the most egregious examples of pork included in the 
House bill. They highlighted $5 million for tropical fish breeders and 
transporters for losses from a virus last year; $25 million for spinach 
that growers and handlers were unable to market, up to 75 percent of 
their losses; $60.4 million for the National Marine Fisheries Service 
to be distributed among fishing communities, Indian tribes, 
individuals, small businesses, including fishermen, fish processors, 
and related businesses, and other persons for assistance to mitigate 
the economic and other social effects by a commercial fishery failure.
  It also includes $74 million for the payment of storage, handling, 
and other associated costs for the 2007 crop of peanuts to ensure 
proper storage of peanuts for which a loan is made, and the House bill 
also includes $120 million for the shrimp and menhaden fishing 
industries to cover consequences of Hurricane Katrina.
  Now, I have to confess, even though I like to fish a little myself, I 
had never even heard of menhaden, so I went on the Internet to 
something called the Menhaden Fact Sheet. This is, if you will recall, 
$120 million for the shrimp and menhaden fishing industries to cover 
consequences of Hurricane Katrina. Well, as it turns out, according to 
the Wikipedia, the free encyclopedia on the Internet, the menhaden are 
fish of the--well, I can't even pronounce the Latin phrase, but they 
are of the herring family.
  It says here, describing this menhaden that the taxpayer is being 
asked to pay $120 million in this emergency war supplemental: to 
support the gulf menhaden and Atlantic menhaden which are characterized 
by a series of smaller spots behind the main, humeral spot and larger 
scales than yellowfin menhaden and finescale menhaden. In addition, 
yellowfin menhaden tail rays are a bright yellow in contrast to those 
of the Atlantic menhaden, which are grayish. Menhaden range in weight 
up to 1 pound or more. At sea, schools of Atlantic menhaden may contain 
millions of members. Common names for Atlantic menhaden are mossbunkers 
and fatback. In Florida, yellowfin menhaden are called pogies, and are 
the preferred species for use as strip bait.
  This is important. It talks about the range, since this is supposedly 
done as part of the Hurricane Katrina relief measure. It says gulf 
menhaden range from the Yucatan Peninsula to Tampa Bay, FL, with 
finescaled menhaden from the Yucatan to Louisiana--I guess we are 
getting a little closer now to where Hurricane Katrina hit--yellowfin 
menhaden from Louisiana to North Carolina, the Atlantic menhaden

[[Page 7587]]

ranges from Jupiter Inlet, FL, to Nova Scotia. The various species of 
menhaden occur anywhere from estuarine waters outward to the 
Continental Shelf.
  It says that menhaden are essentially filter feeders, straining 
microscopic plankton, algae, et cetera, from the water they swim 
through open-mouthed. Unlike mullet, they are not bottom feeders. Due 
to their feeding habits, they must be caught by cast netting to be used 
as live bait.
  This is the most interesting part of the article. It says: menhaden 
are not used for human consumption. Most recently, menhaden has begun 
to be exploited as a source of omega-3 fatty acid fish oil for 
commercial human consumption, further threatening menhaden populations.
  I certainly don't know what the purpose is of this $120 million for 
shrimp and the menhaden fishing industries, but I can't see in this 
description, or anywhere else in this legislation, why this is an 
emergency or why it ought to be included in an emergency war 
supplemental. If anything, the inclusion of this kind of appropriation 
in this emergency war supplemental in the House bill trivializes the 
importance of providing the money that will help our troops deployed in 
Afghanistan and Iraq in harm's way.
  Here is what the Senate bill included: $24 million for funding of 
sugar beets; $3 million funding for sugar cane, all of which goes to a 
Hawaiian cooperative; $100 million for dairy product losses; an 
additional $31 million for a 1-month extension of the Milk Income Loss 
Contract Program; 13 million for Ewe Lamb Replacement and Retention 
Program; $115 million for the conservation security program; $100 
million for small agricultural dependent businesses; $13 million for 
mine safety technology research; $50 million for fisheries disaster 
mitigation fund.
  There is so much pork included in this supplemental appropriations 
bill, both in the House version and in the Senate proposal, that it 
warranted a front-page story and editorial in USA Today. An editorial 
in USA Today questioned:

       Which is worse: Leaders offering peanuts for a vote of this 
     magnitude, or Members allowing their votes to be bought for 
     peanuts.

  The editorial went on to conclude:

       These provisions demean a bill that, if enacted, would 
     affect the lives of troops in Iraq and Afghanistan, the 
     balance of power in the Middle East and America's long-term 
     security.

  In short, what we have is that my colleagues on the other side of the 
aisle are willing to put money into pet projects--which may or may not 
be worthy endeavors, we will never know--and yet are unwilling to 
adequately fund the needs of our military. For all their talk of 
earmark reform and transparency earlier this year, my colleagues seemed 
to have forgotten all of that when they put together the supplemental 
appropriations bill.
  Madam President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER (Ms. Stabenow). The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. ALEXANDER. Madam President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator from Tennessee is recognized.
  Mr. ALEXANDER. Madam President, I ask unanimous consent to speak as 
in morning business for up to 8 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        FIRING OF U.S. ATTORNEYS

  Mr. ALEXANDER. Madam President, my late friend Alex Haley, the author 
of Roots, lived his life by 6 words: ``Find the Good and Praise It.'' I 
thought of those 6 words in connection with the current discussion 
about the firing of 8 United States Attorneys.
  The Democrats are making political hay out of these firings at a time 
when the Senate should be focused on Iraq, terrorism, health care 
costs, excessive federal spending, energy independence and keeping our 
brainpower advantage so we can keep our good jobs here instead of 
seeing them move overseas.
  U.S. Attorneys have always been political appointees serving at the 
pleasure of the president. President Clinton fired them all on his 
first day in office. Such partisanship is nothing new. Former Attorney 
General Griffin Bell recently said that the custom once was for U.S. 
attorneys simply to vacate their offices on the day a new president was 
inaugurated, knowing that new political appointees would soon arrive to 
take their desks.
  In the summer of 1963, in between my first and second year at New 
York University Law School, I worked in Attorney General Robert 
Kennedy's office as an intern. I was so impressed that, after 
graduation, I drove to Chattanooga to apply for a job as an Assistant 
U.S. Attorney. The interview went fine until the U.S. Attorney for the 
Eastern District of Tennessee asked about my politics.
  ``I'm a Republican,'' I said.
  ``Sorry,'' he said, ``We only hire Democrats.''
  ``But the Attorney General said the administration of justice was 
non-partisan,'' I replied.
  ``That word hasn't gotten down here,'' the U.S. Attorney said.
  Yet the historic political nature of these appointments is no excuse 
for the excessive partisanship, amateurishness and bumbling exhibited 
by the firing of these eight U.S. Attorneys in the middle of the 
President's term. The best way to put in relief what is wrong with 
these firings is to remember Alex Haley's admonition, ``Find the Good 
and Praise It,'' and point to an example of how political appointees 
can by their courageous action earn respect for the administration of 
justice.
  I have a personal interest in the example I offer. Nearly 30 years 
ago--on January 17, 1979--I was sworn into office 3 days early as 
Governor of Tennessee in order to prevent the incumbent Governor from 
issuing 52 pardons and commutations to prisoners the FBI believed had 
paid cash for their release.
  The U.S. Attorney for the Middle District of Tennessee, Hal Hardin--a 
Democrat appointed by President Carter--telephoned to ask me to take 
office early. Hardin was working with the State attorney general, 
William Leech, another Democrat, to arrange the unprecedented early 
swearing-in. Because Hardin and Leech were able to rise above 
partisanship, the Speakers of the Senate and House and Chief Justice as 
well as the Secretary of State--also all Democrats--participated in my 
early swearing-in and the ouster of a Democratic incumbent Governor.
  As it turned out, I was the only Republican in the group.
  As then-Speaker of the House and later Governor Ned McWherter said, 
``We are Tennesseans first.''
  The story of January 17, 1979 was recently retold by Judge William C. 
Koch, Jr., a member of the Tennessee Court of Appeals, in the March 
2007 issue of the Nashville Bar Journal. Judge Koch was on the staff of 
the State attorney general at that time and later was counsel when I 
was Governor.
  In the spirit of ``Find the Good and Praise It,'' I offer for the 
Record Judge Koch's article as an example of how our system of 
political appointment of U.S. Attorneys can and should operate, in 
contrast to the example of the 8 firings and the response to those 
firings that we are discussing today.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              [From the Nashville Bar Journal, Mar. 2007]

                      They Were Tennesseans First

                    (By Judge William C. Koch, Jr.)

       Cries of ``let's kill all the lawyers'' have been heard 
     ever since Shakespeare wrote Henry VI. Some believe that 
     lawyers and judges have caused--or at least contributed to--
     most of society's ills. Because the legal profession provides 
     such a convenient target, lawyer-bashing remains fashionable 
     in some circles.
       Despite the din of criticism, the truth is that our nation 
     has looked to lawyers for guidance and leadership in times of 
     crisis. An appellate lawyer from Virginia wrote the 
     Declaration of Independence. A trial lawyer from Illinois 
     signed the Emancipation Proclamation. A former criminal 
     prosecutor led the citizens of New York during the dark days 
     following the destruction of the Twin Towers. And it was a 
     Tennessee lawyer who, as a member of the Senate Watergate 
     Committee, helped establish that not even the

[[Page 7588]]

     President of the United States is above the law.
       Lawyers and the courts have also been instrumental in 
     facilitating orderly transitions of governmental power in 
     times of controversy and unrest. Most recently, the nation 
     and the world looked on as lawyers and courts resolved the 
     legal disputes surrounding the 2000 presidential election. 
     Almost thirty years ago, two Tennessee lawyers orchestrated 
     one of this country's most unique transitions of governmental 
     power right here in Tennessee. My purpose is to recount some 
     of what Hal Hardin and Bill Leech did in less than twenty-
     four hours on Wednesday, January 17, 1979.
       Governor Ray Blanton's administration was clouded by 
     controversy from its very beginning in January 1975. Many of 
     these controversies involved state prisoners. In October 
     1976, a rumored federal ``clemency for cash'' investigation 
     made front page headlines when FBI agents raided the office 
     of Governor Blanton's lawyer and seized over one hundred 
     files. In August 1977, the Governor fired Marie Ragghianti, 
     his hand-picked chairman of the parole board. Ms. Rigghianti 
     hired Fred Thompson, and litigation followed.
       Perhaps the most notorious controversy involved Roger 
     Humphreys, the son of one of Governor Blanton's political 
     allies, who had been convicted in 1975 of murdering his 
     former wife and her boyfriend. Humphreys shot his two victims 
     eighteen times with a two-shot derringer. Governor Blanton 
     arranged for Humphreys to become a trustee and then gave him 
     a job as a state photographer. When questioned, the governor 
     insisted that Humphreys was ``a fine young man'' and bragged 
     that he planned to pardon Humphreys before he left office.
       The reaction to Governor Blanton's promise to pardon Roger 
     Humphreys was swift and furious. The Tennessee House of 
     Representatives passed HJR 271 urging Governor Blanton not to 
     pardon him. A bipartisan committee, chaired by former 
     Governor Winfield Dunn, a Republican, and John Jay Hooker, a 
     prominent Democrat, started a statewide petition drive to 
     urge the Governor not to pardon Humphreys. Governor Blanton 
     announced on the eve of the 1978 general election that 
     ``after prayerful consideration'' he would not pardon 
     Humphreys. However, two weeks after the election, Governor 
     Blanton announced that he had changed his mind and that he 
     was again considering a pardon for Humphreys.
       The public's outrage increased during December 1978. The 
     FBI arrested Governor Blanton's lawyer in his office at the 
     Capitol and charged him with selling pardons. The lawyer had 
     clemency papers and marked money in his possession when we 
     was arrested. One week later, Governor Blanton appeared 
     before a federal grand jury and proclaimed as he was leaving 
     the courthouse, ``I have nothing to hide.''
       Governor Blanton's activities eventually prompted Senator 
     Victor Ashe, a Republican from Knoxville, to ask William M. 
     Leech, Jr., Tennessee's new Attorney General, to decide 
     whether the governor-elect could become governor before the 
     inauguration set by the legislature for January 20, 1979. 
     While Bill Leech, a populist Democrat from Santa Fe, had been 
     in the eye of the storm before, he did not relish answering 
     this question. On January 3, 1979, his office issued Opinion 
     No. 79-3 concluding that Republican Governor-elect Lamar 
     Alexander could take the oath of office and become governor 
     any time after midnight on January 15, 1979. General Leech 
     decided against releasing the opinion to the public 
     immediately.
       On January 5, 1979, Governor Blanton confirmed that he had 
     been notified that he was a target of the federal grand jury 
     ``clemency for cash'' investigation. In addition, the United 
     States Attorney for the Middle District of Tennessee sent a 
     letter to the parole board identifying twenty-six prisoners 
     who were implicated in the growing ``clemency for cash'' 
     investigation. Despite these developments, Governor Blanton 
     continued to joke with the press about his plans to pardon 
     Roger Humphreys.
       Even though the Attorney General's opinion was not released 
     to the public until January 15, 1979, rumors about the 
     possibility of an early swearing-in began to circulate on 
     Capitol Hill. Speaker of the House Ned Ray McWherter 
     confirmed that the General Assembly might inaugurate the 
     Governor-elect early if Governor Blanton issued any mass 
     commutations. Lamar Alexander, an accomplished lawyer 
     himself, downplayed the Attorney General's opinion. After 
     consulting privately with the Speaker McWherter and 
     Lieutenant Governor John Wilder, he stated that it would be 
     ``totally inappropriate for me to assume power wholly on my 
     own initiative.''
       Speaker McWherter's fears were realized on Monday, January 
     15, 1979. Around 8:00 p.m. on that cold, rainy evening, 
     Governor Blanton returned to his office in the Capitol. He 
     was joined by his new lawyer and his Commissioner of 
     Correction, and later by Secretary of State Gentry Crowell. 
     Over the course of the next three hours, Governor Blanton 
     signed clemency papers for 52 prisoners, including Roger 
     Humphreys. As he signed Humphreys's papers, the Governor 
     commented, ``This takes guts.'' Mr. Crowell replied, ``Yeah, 
     well some people have more guts than they've got brains.''
       The press corps quickly learned that Governor Blanton was 
     in his office, and the reporters were waiting for him when he 
     left the Capitol after 11:00 p.m. The Governor confirmed that 
     he had signed a number of clemency documents, but he was coy 
     about how many and for whom. Governor Blanton did not tell 
     the reporters that Rogers Humphreys's clemency was being 
     hand-carried to the state prison at that very moment. By the 
     time the Secretary of State confirmed that Humphreys was 
     among the 52 prisoners receiving clemencies, Humphreys had 
     already left the prison a free man.
       News of the 52 late night clemencies hit like a bombshell 
     on January 16, 1979. State and federal officials--both 
     Democrat and Republican--expressed dismay and began looking 
     for ways to undo what Governor Blanton had done. The 
     Governor's office fueled the controversy when the Governor's 
     new lawyer announced that Governor Blanton might issue 18 
     more clemencies, including one ``big name,'' before the 
     governor-elect's inauguration.
       General Leech was in Washington on January 16, 1979 to 
     argue a case before the United States Supreme Court. His 
     pregnant wife had also gone into labor. He completed the 
     argument and telephoned his office with directions to modify 
     Opinion No. 79-3 to state that a court might hold that the 
     Governor-elect could only take the oath of office at the 
     scheduled inauguration. General Leech arrived in Nashville 
     later that evening and went directly to the hospital. His son 
     was born the next morning.
       It was at this point that Hal D. Hardin, the United States 
     Attorney in Nashville, stepped up to the plate. Hardin, a 
     ``yellow dog'' Democrat, had been appointed United States 
     Attorney by President Jimmy Carter in July 1977. Prior to 
     that appointment, he had been the widely respected presiding 
     judge on the Circuit Court for Davidson County. In fact, 
     Governor Blanton himself had placed Mr. Hardin on the bench 
     in 1975. Despite Governor Blanton's protestations that the 
     ``clemency for cash'' investigation was a partisan Republican 
     conspiracy, Hardin had been involved with the investigation 
     for more than a year.
       Mr. Hardin had learned from a confidential source that 
     Governor Blanton was preparing to issue clemencies for 18 to 
     20 more prisoners who were implicated in the ongoing 
     ``clemency for cash'' investigation. Rather than waiting for 
     events to unfold, Mr. Hardin, without the knowledge of the 
     FBI or his staff, telephoned Lamar Alexander on the morning 
     of January 17, 1979. He told Alexander that he was calling as 
     a Tennessean and explained that he had received reliable 
     information that Governor Blanton was preparing to issue 
     additional clemencies, and he recommended that the Governor-
     elect consider taking office three days early in what Lamar 
     Alexander later described as a ``swift and secret coup.''
       Lamar Alexander had high regard for Hal Hardin. However, 
     rather than acting on his own, he asked Hardin relay the 
     information to Speaker McWherter, Lieutenant Governor Wilder, 
     and General Leech. Hardin placed separate telephone calls to 
     Speaker McWherter and Lieutenant Governor Wilder. He 
     suggested a meeting among the three of them. Speaker 
     McWherter and Lieutenant Governor Wilder decided against the 
     meeting because they were concerned that a private meeting 
     might violate the Sunshine Law. Instead, they asked him to 
     meet with General Leech. Mr. Hardin telephoned General Leech, 
     and a short time later, General Leech and two senior members 
     of his staff met with Mr. Hardin in a hotel room across the 
     street from the federal courthouse that Hardin had rented 
     under an assumed name. Both Hardin and Leech understood that 
     they had been given the responsibility to chart a course of 
     action for the leaders of state government. The discussion 
     was tense and sometime heated despite their close personal 
     and professional relationship. For several hours, they 
     reviewed Opinion No. 79-3 and eventually determined that the 
     original opinion was correct. They also discussed how 
     Governor Blanton might react and formulated contingency 
     plans. When the meeting concluded, both General Leech and Mr. 
     Hardin agreed to advise the state officials that the only way 
     to prevent Governor Blanton from issuing more clemencies 
     would be for Lamar Alexander to take the oath of office 
     immediately.
       Mr. Hardin returned to his office following the meeting in 
     the hotel room. General Leech telephoned Lamar Alexander. He 
     told the Governor-elect that despite his earlier misgivings 
     about Opinion No. 79-3, he was now convinced that state law 
     permitted the Governor-elect to assume office before the 
     inauguration and that removing Governor Blanton from office 
     was not only appropriate but necessary. Then General Leech 
     met with Speaker McWherter and Lieutenant Governor Wilder and 
     reiterated what he had told the Governor-elect. The 
     legislative leaders were convinced that Governor Blanton 
     should be removed from office, and Speaker McWherter 
     telephoned Lamar Alexander and told him, ``It's time for 
     leadership . . . We will support you.''
       Numerous telephone conversations involving Lamar Alexander, 
     Speaker McWherter,

[[Page 7589]]

     Lieutenant Governor Wilder, and General Leech followed.
       They agreed that bipartisanship was essential and that 
     Tennessee's citizens should understand that Tennessee's 
     elected leaders were united in this decision. They decided 
     that the legislative leaders, the constitutional officers, 
     and the Attorney General--all Democrats--should be present at 
     the ceremony, and they agreed on a statement that Alexander 
     would read before he took the oath of office. They also 
     decided that the ceremony should take place in the courtroom 
     at the Supreme Court Building in Nashville and that Chief 
     Justice Joseph Henry, also a Democrat, should be invited to 
     administer the oath of office.
       Shortly after 5:00 p.m., Speaker McWherter, Lieutenant 
     Governor Wilder, the constitutional officers, and the members 
     of the media walked from the Legislative Plaza to the Supreme 
     Court. They were joined there by Lamar Alexander, his family, 
     and several of Alexander's senior advisors. Chief Justice 
     Henry administered the oath. The somber ceremony lasted six 
     minutes. The press conference that followed lasted much 
     longer. It was not lost on the media that the new governor 
     was a Republican while most of the other officials involved 
     in the ceremony were Democrats. One television reporter 
     attempted to obtain a partisan comment from Speaker 
     McWherter. However, Speaker McWherter, who would later serve 
     as Governor with distinction, cut the reporter short saying, 
     ``Let me say to you. First, I'm a Tennessean, and I think 
     this is in the interest of Tennessee regardless of the 
     party.''
       Just before the ceremony began, General Leech telephoned 
     Governor Blanton to inform him he was no longer Governor. 
     Following the call, Governor Blanton complained that ``there 
     was no courtesy extended to me today.'' Agents of the FBI 
     circulated through the Capitol serving grand jury subpoenas 
     on Governor Blanton's staff. Hal Hardin decided not to attend 
     the ceremony. Rather than remaining in his office, he went 
     for a long drive to be alone with his thoughts and to reflect 
     on the events of the day.
       As soon as the ceremony ended, several senior members of 
     now Governor Alexander's staff made their way to the Capitol 
     to secure the Governor's office. They found Governor 
     Blanton's lawyer in his office preparing clemency papers for 
     30 more prisoners. Lewis R. Donelson, a Memphis lawyer who 
     had already been named as the new Commissioner of Finance and 
     Administration, refused to permit the lawyer to leave the 
     building with the papers. When Governor Blanton telephoned to 
     question his authority, Mr. Donelson replied that he was 
     acting ``by the authority of the new governor.'' In response 
     to Governor Blanton's assertion that he was still the 
     governor, Mr. Donelson replied, ``Not anymore.''
       A full discussion of the aftermath of the events of January 
     17, 1979 must await another day. Governor Alexander appointed 
     Fred Thompson as special counsel to oversee his 
     Administration's response to the clemency crisis. Governor 
     Alexander's formal inauguration took place as planned on 
     January 20, 1979. For the second time, Governor Alexander 
     took the oath administered by Chief Justice Henry in the 
     presence of Speaker McWherter, Lieutenant Governor Wilder and 
     the constitutional officers. While litigation in the federal 
     and state court would follow, the transition of governmental 
     power proceeded with bipartisan dignity. Governor Alexander 
     announced that ``today ought to be a happy one because the 
     people and their government are back together again.''
       Courage does not always draw attention to itself. Hal 
     Hardin did not attend the inauguration. Bill Leech was 
     present but did not play a prominent role in the ceremonies. 
     While Lamar Alexander, Ned Ray McWherter, and John Wilder 
     deserve credit for their personal courage and decisive 
     demonstration of bipartisanship, the principal figures in 
     this political drama agree that the events of January 17, 
     1979 would not have unfolded the way they did had it not been 
     for Hal Hardin and Bill Leech. These lawyers placed the rule 
     of law and governmental integrity ahead of political 
     expediency and personal reputation. In the words of Speaker 
     McWherter, they were Tennesseans first and their actions 
     sprang from their desire to protect the interests of all 
     Tennesseans, regardless of party.

  Mr. ALEXANDER. I thank the Senator from Washington. I yield the 
floor.

                          ____________________




                            MORNING BUSINESS

  Mrs. MURRAY. I ask unanimous consent the Senate now proceed to 
Morning Business with Senators allowed to speak for up to 10 minutes 
each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. MURRAY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. LIEBERMAN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                      SUPPLEMENTAL APPROPRIATIONS

  Mr. LIEBERMAN. Madam President, I rise to speak in support of the 
amendment to strike section 1315 of the supplemental appropriations 
bill now before the Senate. The motion to strike was proposed earlier 
today by the Senator from Mississippi, Mr. Cochran. I am honored to be 
a cosponsor of it. I wish to explain to my colleagues why I am 
cosponsoring it.
  This is a bill that is quite necessary to the funding of our military 
effort in Iraq and more broadly. The bill has kind of grown like Topsy 
and has a lot of other stuff in it. Maybe I am reflecting on the fact 
that I am going to see my grandchildren soon. One of my favorite Dr. 
Seuss books is about Thidwick the moose. Thidwick is a glorious moose 
with large antlers. Various creatures in the forest begin to occupy, 
ultimately quite unjustifiably, Thidwick's antlers until they fall off. 
There are parts of this supplemental appropriations bill that in my 
opinion, respectfully, do not belong there. Most significant of those 
is section 1315, which our motion would strike.
  Section 1315 would order a withdrawal of American troops in Iraq to 
begin 120 days after passage, regardless of conditions on the ground, 
regardless of the recommendations of General Petraeus, regardless of 
the opinions of our partners in Iraq and throughout the region, 
regardless of whether security is improving or deteriorating, the most 
significant of all. The withdrawal would be ordered by this section of 
the bill regardless of whether security was improving or deteriorating 
on the ground. It is the wrong measure at the wrong time. Ultimately, 
it will be a lot of sound and fury that signifies nothing but, more 
importantly, that accomplishes nothing and may do harm.
  Why do I say it will accomplish nothing? Because everyone in this 
Chamber knows that the President of the United States could not have 
been more clear: If section 1315 is in this bill and is sent to his 
desk, he will veto it. In my opinion, he should veto it. Everyone in 
this Chamber knows there are not the votes in either House of Congress 
to override that veto. So that all that would have been accomplished is 
a delay in getting essential support to our troops in Iraq and 
Afghanistan, support they need and on which they are counting. That is 
unacceptable.
  Obviously, Iraq and what has happened there, what is happening now is 
on our minds. We should discuss it. There are ways in which we can 
appropriately legislate with regard to Iraq. In fact, in this bill 
before us, there is a section on benchmarks which establishes for 
ourselves and for the Iraqi Government some benchmarks, some goals that 
we have in mind for what they primarily, on their own, should be 
achieving as they move to secure Baghdad and the rest of the country 
and to take control of their own destiny, an Iraqi Government governing 
the Iraqi people, which was the aim of our overthrow of Saddam Hussein.
  The benchmarks are in there, inspired by the good work done by 
Senator Nelson of Nebraska, Senator Warner of Virginia. Senator McCain 
and I, earlier in the debate on Iraq a couple of months ago, were 
prepared to introduce an amendment to have such benchmarks. So there 
was constructive work that could be done. The benchmarks in this bill 
are in the form of a sense of Congress. They are a message. But they 
are not tied to a deadline. The measure that passed the House last week 
actually has some benchmarks that are tied to triggers that would begin 
withdrawal from Iraq.
  President Eisenhower, speaking as a general, once said, now famously 
because it has been quoted often in these debates about Iraq, and I 
paraphrase: Anyone who sets a deadline, who argues for a deadline to be 
set in war doesn't understand war.
  I believe what General Eisenhower was saying is that war is a dynamic 
process, a terrible process, a deadly process, one we try, through the 
exercise of all our diplomatic strength, to

[[Page 7590]]

avoid. But when you are in a war, you have to give some deference not 
just to the generals you authorized to be in command but to the reality 
on the ground. War is ever changing. I believe Eisenhower must have 
intended, when he said deadlines should not be set in war, that there 
are two occasions which would justify a withdrawal. One is when the 
mission is accomplished. When the purpose for which a nation entered a 
war is accomplished, then one withdraws in victory. The second occasion 
when one would withdraw, based on what is happening on the ground, not 
some arbitrary deadline set far from the battlefield, would be if those 
in charge conclude that it is impossible to achieve the mission, to 
achieve the purpose for which the military action, the war, was 
commenced. Then a retreat occurs, a retreat which is a retreat in 
defeat.
  As difficult as it has gone in Iraq and as many mistakes as have been 
made, as many setbacks as have occurred, as much as these mistakes and 
setbacks have stirred feelings of anger and frustration among the 
American people, which are totally understandable, justified, we have 
not reached the point in Iraq, in my considered judgment, where it is 
ready for a retreat because we have lost all hope of achieving our 
purposes there, which are to create a self-governing, self-sustaining 
Iraqi Government that will be our ally, particularly in the war against 
terrorism, as opposed to our enemy, and would create a model, a path, 
an alternative path to a better future in the Arab world, the Islamic 
world, than the death, hatred, and suicidal ambitions of al-Qaida and 
the other Islamic extremists, such as those who attacked us on 
September 11.
  We are in a long and difficult war, and the price paid by our heroic 
soldiers and their families has been heavy. I understand the feelings 
of anger and frustration among the American people. But what is not 
understandable, with all respect, is for Congress now to let the 
passions of this moment, in Washington, obscure what is happening at 
this moment in Baghdad and in Anbar. Our actions should be driven by 
the real-war conditions in Iraq, not by the mindset here in Washington.
  So I ask my colleagues to keep their minds open as we begin this very 
important and, critical debate. Our national security, in my opinion, 
is on the line in the outcome of this debate. The lives of our troops 
in Iraq and Afghanistan are on the line, quite literally, in the 
outcome of this debate.
  I ask my colleagues to keep their minds open and to make a judgment 
as to whether this section--ordering a withdrawal from Iraq within 120 
days, regardless of what happens on the ground; to be essentially 
completed by March of next year when most American troops would be 
withdrawn, regardless of what is happening on the ground in Iraq--to 
keep their minds open as to whether this is the right time for such a 
measure, whether it is the right measure, and whether it has any chance 
to do anything but to send a mixed message from this Congress, 
particularly to those who are fighting for us.
  I ask my colleagues to look from here, for a moment, at what is 
actually happening on the ground in Baghdad and in Anbar Province, to 
the west, under the new security strategy with the new troops GEN David 
Petraeus is implementing.
  Here is what I hear people saying--this is preliminary, this is 
early, but it is encouraging--sectarian fighting between Sunni and Shia 
is down significantly in districts in Baghdad where American and Iraqi 
forces have entered. That means the number of people killed in 
sectarian conflict, violent acts, death squads in Baghdad is down 
significantly in those districts where Iraqi and American forces have 
entered and established a presence.
  As security improves, many Iraqi families that fled from their homes 
are returning to Baghdad. Moqtada al-Sadr, the head of the Mahdi 
militia, who has been so anti-American, has disappeared and many of his 
top lieutenants have been arrested.
  The Government of Prime Minister Maliki, the Government in Iraq, has 
shown the kind of strength and decisiveness that is an obvious and 
necessary precondition for progress there.
  I ask my colleagues to consider the testimony given to the Homeland 
Security and Governmental Affairs Committee, which I am privileged to 
chair, last Wednesday by Stuart Bowen, Jr., the Special Inspector 
General for Iraqi Reconstruction. Anybody who has followed Mr. Bowen's 
work knows this is a straight shooter. He is not in there to protect 
anybody. He is not in there to spin. He has told it as he sees it. He 
has been extremely critical of so much of what has happened in Iraq, 
particularly, obviously, within the jurisdiction the law gives him as 
Inspector General, which is to see how our money has been spent. He has 
documented waste in ways that are truly infuriating.
  So when Stuart Bowen says something encouraging about what he sees in 
Iraq, that matters to me, and I believe it should matter to others. 
Last Wednesday, before the committee, Mr. Bowen said the week before he 
had returned from his 15th visit to Iraq. He said:

       It's been about twenty months--

  Almost 2 years--

     since I have returned from Iraq with a sense of cautious 
     optimism. I have that now.

  That is significant. Why on Earth--with independent testimony from 
Iraq that there are preliminary, encouraging signs of the effect of the 
new troops, the new plan, the new leader--why on Earth would we at this 
time order a withdrawal of those troops to begin within 120 days 
regardless?
  Why, in the face of these encouraging developments, would this 
Chamber demand that the essence of the plan that has brought about 
these encouraging developments should end? Why, just several weeks 
after confirming GEN David Petraeus to lead our effort in Iraq, would 
this Chamber block him from carrying out the strategy he shaped, is now 
implementing, and appears to be working?
  In my opinion, the deadline for withdrawal from Iraq that is in this 
bill now is a deadline for defeat, where victory and success are still 
possible. There are no guarantees, of course, in war. That is why we 
adjust our judgments according to what is happening on the ground. So 
there are no guarantees that the encouraging first results of the 
implementation of the Petraeus plan will continue and go to full 
success--no guarantees.
  But I can tell you this: If we adopt an arbitrary order to begin to 
withdraw our troops, regardless of what is happening on the ground in 
Iraq in the war, it will guarantee failure. That failure will have 
profound consequences for Iraq, which I believe will break up into not 
just full-fledged civil war but the kind of ethnic slaughter that drew 
us a decade ago into Bosnia to stop. And we will have withdrawn and be 
expected to stand by and let it happen.
  Of course, ultimately it will lead to what will be claimed as a 
victory for the forces of Islamic extremism, our enemies in this war we 
are fighting. It will, in my opinion, ultimately embolden them to 
strike us here at home again.
  So I appeal to my colleagues, as this debate on this amendment to 
strike begins, let's have a good debate. That is our nature. That is 
the essence of our democracy and of this Senate in which we are 
privileged to serve. But I ask my colleagues, in the end, to step back 
and think carefully about what this section 1315 would bring about, and 
instead of undermining General Petraeus, or at best sending a mixed 
message to him and his troops, let's give him and his troops the 
unified support and time they need to succeed for us.
  I thank the Chair and yield the floor.
  I suggest the absence of a quorum.
  I withdraw the suggestion of an absence of a quorum, seeing my friend 
and colleague from Oklahoma now on the floor.
  The PRESIDING OFFICER (Mr. Whitehouse). The Senator from Oklahoma.
  Mr. COBURN. Mr. President, the Senate is going to take up, tomorrow, 
in rather full detail, an emergency supplemental spending bill. I think 
it is

[[Page 7591]]

real important, first, for the American people to know what an 
emergency supplemental bill is supposed to be. It is supposed to be 
about funding unforeseen problems we could not have anticipated in the 
regular appropriations process. For a very small amount of this bill, 
that may be true.
  This bill is $121 billion of your grandchildren's and great-
grandchildren's money. This bill does not have to stay within the 
budgetary limitations Congress sets on itself. This bill goes outside 
every rule we have in terms of controlling the budget, living within 
our means, and it says: Here is a credit card.
  Now, by the way, on the way to funding the war in Iraq, the wisdom of 
the Senate has added--and it is $21 billion in the House--about $18.9 
billion in a wish list. It is a Christmas tree. If each of us in our 
own personal lives ran our businesses or our households the way 
Congress is running the emergency supplemental process, we would do it 
for about 1 year. Then we would be going to bankruptcy court, and we 
would be losing the vast majority of our possessions because we would 
not have been deemed to be responsible with the assets we had.
  There lies the problem. It is the culture of Congress that thinks we 
can put a hood over the American people's eyes so they will not know 
what we are about to do in the next 4 or 5 days in this Chamber. You 
are going to hear all the reasons in the world why somebody needs 
something, except it is never going to be held in contrast to the loss 
of the standard of living of our grandchildren. Yes, there are 
agricultural needs out there we should have funded a year ago.
  The chairman of the Budget Committee said when he would get in power, 
when the Democrats would get in power, they were going to pay for it--
except here we have an emergency agriculture supplemental bill, a good 
portion of which is needed but it is not paid for. There is no offset 
anywhere else in the hundreds of billions of dollars' worth of waste in 
the discretionary side of the budget alone, to reduce something else so 
we can take care of those who need us now.
  There is another aspect to this funding bill; that is, the politics 
that plays into it over the debate on the Iraq war. What we are seeing 
play out is a double-edged sword of how do we hurt the troops in the 
field by adding things to a supplemental bill to take care of them, 
when there has already been a threatened veto over the bill because it 
adds $18.9 billion more than what the President asked for to fund the 
war.
  So as you listen, in the next 4 or 5 days, to the Senate debate this 
bill, there are a couple things you ought to pay attention to, and you 
ought to ask yourself the question: Where is the money coming from to 
pay for this bill? Where is the sacrifice from the generations today to 
do what the Members of this body want to do?
  There is no sacrifice. We are not calling on anybody to sacrifice. 
What we are saying is: Those unborn, those young, those who are about 
to be born, and the children of those who are young, unborn or about to 
be born are the ones who are going to pay for it.
  It portends a great moral question of our society today: How is it we 
can totally turn upside down the heritage of this country, the heritage 
of a country that has been built on the following premise: ``I am going 
to work hard. I am going to sacrifice. And I am going to serve so that 
my children and grandchildren get ahead''? Have we become such a 
selfish country that we do not care about the next two generations?
  I think the Senate has spoken, at least the appropriators have 
spoken. They have said ``yes,'' it is OK to do things such as pay for 
the conventions, in August, of the Democratic and Republican Parties 
for the additional funds that will be needed for police enforcement 
with an emergency bill. Our grandchildren are not going to benefit from 
that. The political process today is. But we put it in this bill 
because it means if we put it in this bill, it will not be charged 
against the regular budget process. It is another way to spend more 
money. So let's move more things into the emergency category, so we do 
not have to be responsible when the rest of the appropriations bills 
come through the Senate.
  Think about this: You have a grandchild sitting on your knee and you 
say: Yes, back in 2007, they had a party in Minneapolis and in Denver, 
and they charged it to you. You may get to go to college, you may not, 
but I just want you to know we had a good time at our conventions. How 
about $100 million for businesses that have under $15 million in 
revenue a year that have suffered some loss from a drought over the 
last 2 or 3 years. We already have several organizations within the 
Federal Government: Farm Service Agency, loan capabilities from the 
Department of Agriculture, the Small Business Administration. All are 
qualified to loan money to businesses that work in the agricultural 
area but, no, we set aside. We expanded the farm program with this bill 
to give $100 million to small businesses that have been hurt. If you 
are not connected to agriculture and you have been hurt, where is the 
bill to help you? Where does the precedent stop in terms of your small 
business?
  What about the fact that gas prices rose and some auto dealers went 
out of business? Where is the $100 million for them? What about the 
fact that energy prices have gone up and small business profits all 
across the country have been severely damaged because if they are 
energy dependent, their costs have risen significantly? Where is the 
$100 million? Where does it stop? Where does it stop that we steal--
when do we stop stealing from our grandchildren?
  There is also in this emergency provision $3.5 million for tours of 
the Capitol. An emergency, that we have to have the money now, 
otherwise we won't have tours in the Capitol? That isn't right, but 
that is what is in the bill: $3.5 million. Why? So we can have $3.5 
million more to play with when we get inside the budget now that we are 
outside the budget.
  Oh, and I forgot to mention the fact the administration isn't 
innocent in this either, because the war in Iraq is hardly an 
emergency. As a matter of fact, it is in its fourth year. The 
administration should know what they need. Rather than send a 
supplemental up here, it should be in the Defense appropriations bill. 
It should have been in the bill we passed this last year. But instead, 
even the administration is complicit.
  Who is going to stand and speak for the future against the processes 
the Congress uses today to fund and grow the Government, not worrying 
about how we pay for it in the future? Will you? Will you challenge 
this process? Will you say enough is enough? Will you do your part as a 
citizen of this country to make a difference, to hold people 
accountable here, rather than let the continued culture--and I call it 
a culture which actually the majority party ran on. It is a culture of 
corruption. When you do for you and steal from those who are weak and 
have no access or ability to pay it, that is corruption. It is morally 
corrupt. It is a process by which we undermine the very foundation upon 
which our country has become strong. If we continue it, what we will 
see is a weakened nation.
  We now have $70 trillion of unfunded liabilities for Medicare, 
Medicaid, and Social Security. Think about that for a minute. Go figure 
out how many zeroes are associated with $1 trillion. If you had 
everyone who was worth more than $1 billion in the world sell all of 
their assets tomorrow and give every bit of that to the U.S. 
Government, it wouldn't even pay the interest for 1 year. How is it we 
can be going down this road? How is it we can be turning our backs on 
the principles that made us great as a nation--the idea of personal 
responsibility even applied to Senators, and accountability, and 
transparency. We are going to hear a lot of stories about what is and 
isn't happening with this bill over the next 3 or 4 days, but the 
question I hope the American people will ask themselves is where is the 
money coming from? Where is the money coming from? If it is not in a 
pot somewhere and if it is not saved, somebody is going to have to pay 
for it.
  This money is coming from the big Visa card of the Federal 
Government.

[[Page 7592]]

We are going to ``cha-ching'' and we are going to say: Grandchildren, 
you have to pay for this war in Iraq, plus another $19 billion, because 
we don't have the courage to hold this Government accountable. We don't 
even have the courage to hold ourselves accountable. We don't have the 
courage to eliminate the duplication, the fraud, and the waste that 
accounts for over $200 billion every year in this $3 trillion budget. 
There is no courage here to face that. We can do oversight hearings, 
and we have done so. Senator Carper and myself did 46, more than any 
other committee of Congress, over the last 2 years. What we found was 
almost $200 billion of either duplicative programs, wasteful programs, 
or outright fraud. Yet where is the Congress offsetting those with this 
bill? No. It is too hard work. You might offend somebody. The next 
election is more important than the next generation. Being here is more 
important than doing what is the best thing for our Nation.
  So I hope as we approach this bill, the American public will ask that 
question about where the sacrifice comes from to do this. Where does 
the sacrifice come from? Unfortunately, it is going to come from the 
next 2 generations. It is hard to identify what that means, but with $9 
trillion of actual outstanding debt we have now and the $70 trillion of 
unfunded liability, it doesn't take a great imagination to understand 
how that might impact our children and grandchildren, with high 
interest rates, lack of ability to afford a college education, 
inability to own a home, buy a new car. All of those things are coming 
as we continue to steal the future from our children and our 
grandchildren. The big government credit card. It is only available 
because there is a lack of backbone and spine in the Congress to do 
what is necessary to give the American people true value from their 
Government. It is hard. A lot of people get upset. But I would much 
rather stand here and try to change it now than try to explain to my 
grandchildren why we didn't change it, why we didn't do that.
  I have some hope the American people are starting to wake up to the 
budgetary gimmicks and processes the Congress uses. When they really 
awaken, what they are going to do is change who runs this place. It is 
going to be real citizen legislators. It is going to be people who care 
about the future more than they care about today. It is going to be 
people who care about a heritage that continues to be and create and 
hold forth the greatest experiment in freedom that has ever been. 
Without that change, as Will Durant said:

       Great societies are never conquered from without until they 
     rot from within.

  This is part of the rotting process we are going to see over the next 
5 days in the Senate. If people summon courage, summon long-term 
viewpoint, summon sacrifice of giving up of themselves, whether it be 
position or power so we can create something better, the country will 
be all the better for that. If we don't, there won't be a headline that 
says: ``Grandchildren hurt by supplemental bill,'' but it doesn't mean 
they won't be. The fact is they will.
  It is interesting the accounting that Washington uses. Last year the 
official number on the deficit was $175 billion, but the real number, 
the amount the debt went up, was $360 billion. If you are at home and 
you have a checkbook and you spend $175 more than you had in the 
checkbook, but at the end of the year you charged another $200 on top 
of it, you really spent it all, and you went into debt for that whole 
amount. But we don't do what national accounting standards say. We play 
a game. We take the Social Security money and we lessen the effect of 
what we are doing through Social Security and 30 some other trust funds 
such as the inland waterway trust fund and several others, and the 
retirement of the employees of the Federal Government that is not 
funded, and we add all that back and we make it look better than it is.
  The idea behind a half lie is a whole truth, but it is not. A half 
truth is a whole lie.
  So my hope is when we have this debate on this bill, this $121 
billion bill, America will say: Wait a minute. Why aren't you paying 
for it? Why aren't you trimming some of the fat? Why aren't you 
trimming some of the problems? Why aren't you doing that? Because it is 
hard. That is not a good enough reason to undermine the future of this 
country.
  Mr. President, I appreciate the opportunity to come and speak this 
evening and the staff staying here.
  Mr. President, I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  Mr. REID. Mr. President, I ask that morning business be closed.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




 U.S. TROOP READINESS, VETERANS' HEALTH, AND IRAQ ACCOUNTABILITY ACT, 
                            2007--Continued

  Mr. REID. Mr. President, I ask unanimous consent that the substitute 
amendment be agreed to, the bill, as amended, be considered as original 
text for the purpose of further amendments, and that no points of order 
be considered waived by virtue of this agreement; further, that the 
pending Cochran amendment remain in order, notwithstanding this 
agreement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 641) was agreed to.


                             Cloture Motion

  Mr. REID. Mr. President, I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close the debate on Calendar No. 
     84, H.R. 1591, the emergency supplemental 2007 appropriations 
     bill.
         Harry Reid, Robert C. Byrd, Jack Reed, Patrick Leahy, 
           B.A. Mikulski, Byron L. Dorgan, Christopher J. Dodd, 
           Dianne Feinstein, Richard J. Durbin, Chuck Schumer, 
           Debbie Stabenow, Barbara Boxer, Herb Kohl, Jay 
           Rockefeller, Joe Biden, E. Benjamin Nelson, Daniel K. 
           Akaka, Ted Kennedy.

  Mr. REID. Mr. President, I ask unanimous consent that the live quorum 
under rule XXII be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                            MORNING BUSINESS

  Mr. REID. Mr. President, I ask unanimous consent that there now be a 
period for the transaction of morning business, with Senators permitted 
to speak for up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                            S. CON. RES. 21


                           Amendment No. 589

  Mr. KYL. The fiscal year 2006 and fiscal year 2007 budget resolutions 
included an importation reserve fund for drugs imported from countries 
``with strong safety laws.'' Yet the Dorgan-Snowe amendment omits that 
language. Does the Senator from New Hampshire agree that under the 
Dorgan-Snowe amendment, the term ``safe importation'' means from 
countries ``with strong safety laws''?
  Mr. GREGG. Yes. The term ``safe importation'' means importation only 
from countries with strong safety laws. The additional language ``with 
strong safety laws,'' which was included in last year's budget, was 
redundant, but the absence of those words does not alter the meaning, 
in my opinion. ``Safe importation'' refers to the importation of 
prescription drugs from countries that require the review of

[[Page 7593]]

drugs for safety and effectiveness by an entity of the government of 
the country; that require the methods used in and the facilities and 
controls used for the manufacture, processing, and packing of drugs in 
the country to be adequate to preserve their identity, quality, purity, 
strength, and efficacy; that require the labeling and promotion of 
drugs to be in accordance with the approval of the drug and whose valid 
marketing authorization system is equivalent to the systems in the 
United States.

                          ____________________




                 GENOMICS AND PERSONALIZED MEDICINE ACT

  Mr. BURR. Mr. President, I rise today to express my support for S. 
976, the Genomics and Personalized Medicine Act of 2007, which my 
distinguished colleague from Illinois, Senator Obama, and I introduced 
on March 23, 2007. Senator Obama introduced this legislation last year. 
We have worked together on some revisions, and I am proud to join him 
in cosponsoring the legislation this year.
  I believe this legislation will help improve the quality and safety 
of health care by providing a better understanding of what causes 
certain diseases. Through a coordinated research initiative and safer 
genetic tests, patients and doctors will be empowered to make more 
informed decisions about medical treatments.
  This bill will advance the study of human genes and their functions 
to better predict patients' susceptibility to certain diseases or 
conditions and better customize drugs and medical treatments to meet 
patients' unique needs. By facilitating genomics research, fostering a 
capable genomics workforce, and encouraging the development of high 
quality genetic tests, patients will be better informed about the 
medical care they need.
  I am proud that North Carolina is a leader in genomics and 
personalized medicine research. Duke University's Institute for Genome 
Sciences and Policy and the University of North Carolina at Chapel 
Hill's Institute for Pharmacogenomics and Individualized Therapy are 
both conducting significant research efforts in this area and support a 
stronger Federal focus on genomics. This legislation will increase 
Federal support for initiatives at Duke and Chapel Hill--a win-win for 
North Carolina and patients.
  Specifically, this bill establishes an Interagency Working Group at 
the U.S. Department of Health and Human Services to pull together and 
accelerate genomics research by developing standardized terminology and 
establishing quality standards and guidelines for the collection, 
processing, and storage of genomic samples and data. It advances 
genomics research by establishing a national biobanking distributed 
database that collects and integrates genomic data to simplify pooled 
data analysis. The bill also develops biobanking initiatives at 
academic medical centers across the country, including biobanks 
containing biological specimens. It will improve genetics and genomics 
training by developing model training programs, residency curricula and 
teaching materials, and by integrating genetics and genomics into 
clinical and public health practice by developing health professional 
guidelines.
  The bill will also encourage drug sponsors and device companies to 
develop companion diagnostic tests, and it will improve Federal 
oversight and regulation of genetic tests by identifying which tests 
require review and which agency--the Centers for Medicare and Medicaid 
Services or the Food and Drug Administration--should have oversight 
over specific categories of tests. It requires the Centers for Disease 
Control and Prevention to evaluate direct-to-consumer marketing of 
genetic tests to which consumers have direct access and to educate the 
public about genomics and its applications. It also asks the Agency for 
Healthcare Research and Quality to assess the clinical utility and 
cost-effectiveness of companion diagnostic tests that guide prescribing 
decisions.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                   BURLINGTON COMMUNITY HEALTH CENTER

 Mr. HARKIN. Mr. President, this spring, the new community 
health center in Burlington, IA, officially opened for business. Having 
secured funding for the center and attended the groundbreaking ceremony 
last June, I know how important this health care facility is to 
Burlington and the surrounding communities. At long last, Des Moines 
County has a permanent, unified medical and dental clinic, which has 
been sorely needed for many years.
  This is a truly unique community health center. It is housed on the 
grounds of Southeastern Community College, and there is an agreement 
between the CHC board and the community college to allow nursing and 
health aide students to do some of their training in the center. This 
gives the center an edge in recruiting staff, and it gives students 
hands-on training opportunities right there on campus. Clearly, this is 
a win-win-win arrangement for the center, for the community college, 
and for the entire Burlington community.
  I salute Ron Kemp and others who had the vision to create this new 
community health center, and the persistence to transform their vision 
into bricks and mortar. The facility is welcoming, modern, and well-
equipped. The staff members are truly an inspiration. They have a 
special passion for their work, and take pride in the fact that they 
are providing first-rate health care to underserved communities.
  Dr. Martin Luther King, Jr., used to say that ``Life's most 
persistent and urgent question is: What are you doing for others?'' The 
staff members at the community health centers of Southeast Iowa have 
answered that question in powerful ways. They have committed themselves 
to providing high-quality health care to all comers, regardless of 
ability to pay. All are welcomed equally. All are served with 
professionalism and excellence. As chair of the Health and Human 
Services Appropriations Subcommittee, I am 100 percent committed to 
securing appropriate funding for community health centers all across 
America. One thing I know for certain: Every dollar Congress 
appropriates for centers like the one in Burlington is a dollar spent 
wisely and frugally. It never ceases to amaze me how their staff 
members are able to do so much--and to serve so many people--with such 
limited resources.
  I dare say that no one in the health care profession faces greater 
challenges than those who choose to work in community health centers. 
These challenges include chronic illness, cultural and linguistic 
differences, geographical barriers, and homelessness, to name just a 
few. Nothing stops these dedicated professionals.
  And one more thing: community health centers have a well-deserved 
reputation for caring and kindness. They offer a direct and personal 
style of health care. They follow up. They care about prevention and 
wellness.
  So I am deeply grateful to Executive Director Ron Kemp, to President 
Beverly Simone of Southeastern Community College, to the center's 
dedicated board members, to Ted Boesen, executive director of the Iowa/
Nebraska Primary Care Association, and to all the other people who made 
this new facility possible. They work their hearts out to provide the 
very best health care to some of our most needy citizens. I deeply 
appreciate their passion, their compassion, and their dedication to 
public service.

                          ____________________




                         HONORING LAS PLANTADAS

Mr. MENENDEZ. Mr. President, today I wish to honor Las Plantadas, a 
group of women incarcerated for resisting the dictatorial regime of 
Cuba for nearly half a century. The National Association of Cuban 
American Women will gather on Saturday, March 24, 2007, to honor a 
group of Las Plantadas--Ana Lazara Rodriguez, Miriam Ortega, Genoveva 
Felixgraw, Clara Berta Canton Gomez, Olga Morgan and Gladys B.

[[Page 7594]]

Campaneria Herrera--with the Elena Mederos Award during a Women's 
History Month Celebration at Schuetzen Park, in North Bergen, NJ.
  The Elena Mederos Award was instituted by the National Association of 
Cuban American Women in memory of Dr. Elena Mederos, 1900-1981, a human 
rights activist, who is considered the most prominent Cuban woman of 
the 20th Century.
  Ana Lazara Rodriguez, a doctor, was imprisoned when she was a 19-
year-old medical student for participating in protests against the 
Cuban dictatorship. She was released in 1979 and traveled to the United 
States via Costa Rica. In May 1995, she published ``Diary of a 
Survivor,'' a book detailing her experiences while incarcerated.
  Miriam Ortega was born in Ciego de Avila, Cuba. She was imprisoned 
for 18 years for working against the Castro regime. She was released 
and moved to the United States, where she continues in her 
determination to fight for a free Cuba.
  Clara Berta Canton Gomez was born in Havana, Cuba. In 1962, State 
security agents searched the home of her parents seeking her brother 
who was involved in efforts against the Castro regime. Because they did 
not speak against their family member, Clara and her parents were 
incarcerated and sentenced to serve 30 years in prison. Released after 
7 years, Clara has dedicated her time to fight for the release of 
political prisoners. She dreams of returning to see a free Cuba.
  Olga Morgan was born in Santa Clara, Las Villas. When she was working 
against the Batista dictatorship, she met her husband, William 
Alexander Morgan, with whom she has two children, Olguita and Loretta. 
Olga and her husband were imprisoned in 1960 and 1961. Her husband was 
executed with the regime proclaiming both he and Olga a ``high risk for 
the revolution.'' Olga was released in 1971, and after being denied a 
travel document in 1978, she reached the shores of the United States in 
the 1980 Mariel boatlift.
  Gladys B. Campaneria Herrera was born in Matanzas and raised in 
Havana. Between 1959 to 1963 she fought against the Castro regime, for 
which she was arrested in 1964 and sentenced to 3 years in prison. 
While she was in prison, she suffered greatly. She was released and 
moved to the United States, where she has lived in New York and worked 
in New Jersey as a reporter for various Spanish media outlets. An avid 
writer, Gladys has authored more than 150 poems and songs. She 
continues to fight for a free Cuba.
  The inspiring stories of these women, and of the nearly 3000 other 
Cuban women who have been imprisoned, tortured, and endured many 
punishments for refusing to accept a dictatorial regime are a symbol of 
the dignity and courage of women and a reminder of the need to continue 
to fight for human rights around the world.
  There is no doubt that Las Plantadas are exemplary leaders and 
profoundly committed individuals who are role models for the Nation. 
Therefore, I am pleased to pay tribute to Las Plantadas, and I know my 
colleagues will join in wishing them continued success in their quest 
for human rights and a free Cuba.

                          ____________________




                 TRIBUTE TO JUDGE ELSIJANE TRIMBLE ROY

 Mrs. LINCOLN. Mr. President, every year during the month of 
March, we honor the women who have made a lasting impact on our 
country's history with Women's History Month. This month, I want to pay 
tribute to a true Arkansas pioneer who passed away earlier this year, 
Judge Elsijane Trimble Roy.
  Judge Roy has been referred to as ``Arkansas' Lady of Many Firsts.'' 
Only the third woman to graduate from the University of Arkansas law 
school in 1939, Judge Roy was the first female in the state of Arkansas 
to be appointed as circuit judge in 1966. In 1975, then-Governor David 
Pryor appointed Judge Roy to the Arkansas Supreme Court, making her the 
first woman to serve as an Arkansas Supreme Court Justice. Just 2 years 
later, newly elected President Jimmy Carter selected Judge Roy to serve 
on the Federal bench, and she was given the distinct honor of becoming 
Arkansas' first female Federal judge, as well as the first female judge 
appointed to the eighth Circuit.
  The daughter of Federal judge Thomas C. Trimble, Judge Roy and her 
father also held the distinction of being the first father and daughter 
to serve as Federal judges. In fact, Judge Roy served in the same 
courtroom that her father presided over for nearly 20 years. She often 
mentioned that she could feel his presence, and in a 1996 interview 
with the Arkansas Democrat Gazette, she noted that ``It's meant so much 
to me to be able to try cases in the same court. I look up there, and 
he helps me with the hard cases.''
  A gifted athlete who loved sports, Judge Roy was a star player for 
the Lonoke High School basketball team in Lonoke, AR, and was a two-
time women's singles champion at the University of Arkansas.
  Judge Roy was devoted to both her family and her faith. She was a 
proud mother, grandmother, and later in life, a great-grandmother. 
Judge Roy was also an aunt to many nieces and nephews. She was a 
longtime member of First Baptist Church in Lonoke and taught Sunday 
school class when she lived in Blytheville, AR. According to her 
obituary, Judge Roy gave credit to the Lord for her many judicial 
appointments, saying, ``I have always felt I have been brought to these 
positions by the Lord.'' The center of her faith was her favorite Bible 
verse, Micah 6:8, which reads, ``What does the Lord require of you but 
to do justice, love mercy, and walk humbly with your God.''
  A truly remarkable woman, Judge Roy received many honors in her life, 
including the Outstanding Appellate Judge of 1976-1977 by the Arkansas 
Trial Lawyers Association. One honor, however, stands out above others. 
In 1976, Judge Roy was chosen as Arkansas Democrat's Woman of the Year, 
a distinction her mother also earned. She received a plaque for that 
honor, and in a 1979 Arkansas Democrat article, Judge Roy said, ``If 
anything is ever written about me, I want it to contain the words on 
that plaque. Throughout my career, the things written there are the 
things I have lived for.''
  The plaque reads:

       As a law clerk, lawyer, and trial judge, Elsijane Trimble 
     Roy established a reputation for integrity, intelligence, and 
     independence. As the first woman on the Arkansas Supreme 
     Court, she has become a symbol of pride and inspiration to 
     all women.

  Judge Roy, you have been a source of pride and inspiration to all 
women, not only in Arkansas, but throughout our great land. You will 
most certainly be missed.

                          ____________________




             DIERKS, ARKANSAS, CELEBRATES 100TH ANNIVERSARY

 Mr. PRYOR. Mr. President, it is with the greatest pleasure 
that today I honor Dierks, AR, which will soon be celebrating its 100th 
anniversary. Dierks is located in Howard County which lies in the 
southwestern part of my State. It was named after a German family that 
immigrated to the United States in the mid-1800s. The family 
established a major sawmill known as Hardscrabble, and when the 
community was incorporated in 1907, it changed its name to Dierks.
  The Weyerhaeuser Company purchased most of the Dierks' family 
holdings in 1969. Weyerhaeuser employs some 600 people in Howard County 
and is one of the county's largest employers.
  Dierks is also one of many of Arkansas's fine recreation 
destinations. Visitors take advantage of Dierks Lake which offers 
boating, fishing, waterskiing, camping, and sightseeing. Among 
fishermen, the lake is best known for its large-mouth bass and crappie. 
Catfish and bream can also be caught in abundance. The beautiful 
surroundings make it among one of the most scenic spots in the State.
  Mr. President, I ask my colleagues to join me today in congratulating 
Dierks on its 100th anniversary and in wishing its 1,300 citizens a 
wonderful day of celebration.

[[Page 7595]]



                          ____________________




                      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 which were referred to the appropriate committees.
  (The nominations received today are printed at the end of the Senate 
proceedings.)

                          ____________________




                    MEASURES PLACED ON THE CALENDAR

  The following bill was read the second time, and placed on the 
calendar:

       H.R. 545. An act to amend the Omnibus Crime Control and 
     Safe Streets Act of 1968 to clarify that territories and 
     Indian tribes are eligible to receive grants for confronting 
     the use of methamphetamine.

                          ____________________




                         REPORTS OF COMMITTEES

  The following reports of committees were submitted:

       By Mr. INOUYE, from the Committee on Commerce, Science, and 
     Transportation, without amendment:
       S. 93. A bill to authorize NTIA to borrow against 
     anticipated receipts of the Digital Television and Public 
     Safety Fund to initiate migration to a national IP-enabled 
     emergency network capable of receiving and responding to all 
     citizen activated emergency communications (Rept. No. 110-
     38).
       By Mr. LEAHY, from the Committee on the Judiciary, with an 
     amendment:
       S. 261. A bill to amend title 18, United States Code, to 
     strengthen prohibitions against animal fighting, and for 
     other purposes.
       By Mr. LEAHY, from the Committee on the Judiciary, without 
     amendment:
       S. 627. A bill to amend the Juvenile Justice and 
     Delinquency Prevention Act of 1974 to improve the health and 
     well-being of maltreated infants and toddlers through the 
     creation of a National Court Teams Resource Center, to assist 
     local Court Teams, and for other purposes.
       S. 888. A bill to amend section 1091 of title 18, United 
     States Code, to allow the prosecution of genocide in 
     appropriate circumstances.

                          ____________________




              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. LANDRIEU:
       S. 983. A bill for the relief of Michael Anthony Hurley; to 
     the Committee on the Judiciary.
           By Ms. LANDRIEU:
       S. 984. A bill for the relief of Jiao Ying Li; to the 
     Committee on the Judiciary.
           By Mr. LEVIN:
       S. 985. A bill to establish a pilot program to provide low 
     interest loans to nonprofit, community-based lending 
     intermediaries, to provide midsize loans to small business 
     concerns, and for other purposes; to the Committee on Small 
     Business and Entrepreneurship.
           By Mr. REID (for himself and Mr. Sanders):
       S. 986. A bill to expand eligibility for Combat-Related 
     Special Compensation paid by the uniformed services in order 
     to permit certain additional retired members who have a 
     service-connected disability to receive both disability 
     compensation from the Department of Veterans Affairs for that 
     disability and Combat-Related Special Compensation by reason 
     of that disability; to the Committee on Armed Services.
           By Mr. BINGAMAN (for himself and Mr. Domenici):
       S. 987. A bill to enhance the energy security of the United 
     States by promoting biofuels and for other purposes; to the 
     Committee on Energy and Natural Resources.
           By Ms. MIKULSKI (for herself, Mr. Warner, Mr. Levin, 
             Mr. Voinovich, Mr. Leahy, Mr. Lieberman, Mr. Gregg, 
             Ms. Collins, Mr. Enzi, Ms. Snowe, Mr. Sununu, Mr. 
             Stevens, Mr. Kennedy, and Mr. Cardin):
       S. 988. A bill to extend the termination date for the 
     exemption of returning workers from the numerical limitations 
     for temporary workers; to the Committee on the Judiciary.
           By Mrs. LINCOLN:
       S. 989. A bill to amend title XVI of the Social Security 
     Act to clarify that the value of certain funeral and burial 
     arrangements are not to be considered available resources 
     under the supplemental security income program; to the 
     Committee on Finance.
           By Mr. MENENDEZ (for himself and Mr. Lautenberg):
       S. 990. A bill to fight criminal gangs; to the Committee on 
     the Judiciary.

                          ____________________




            SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

  The following concurrent resolutions and Senate resolutions were 
read, and referred (or acted upon), as indicated:

           By Mr. DeMint:
       S. Res. 123. A resolution reforming the congressional 
     earmark process; to the Committee on Rules and 
     Administration.
           By Mr. BIDEN:
       S. Res. 124. A resolution congratulating the European Union 
     on the 50th anniversary of the signing of the Treaty of Rome 
     creating the European Economic Community among 6 European 
     countries and laying the foundations for peace, stability, 
     and prosperity in Europe; considered and agreed to.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 57

  At the request of Mr. Inouye, the names of the Senator from 
California (Mrs. Feinstein) and the Senator from Nevada (Mr. Reid) were 
added as cosponsors of S. 57, a bill to amend title 38, United States 
Code, to deem certain service in the organized military forces of the 
Government of the Commonwealth of the Philippines and the Philippine 
Scouts to have been active service for purposes of benefits under 
programs administered by the Secretary of Veterans Affairs.


                                 S. 254

  At the request of Mr. Enzi, the name of the Senator from Illinois 
(Mr. Durbin) was added as a cosponsor of S. 254, a bill to award 
posthumously a Congressional gold medal to Constantino Brumidi.


                                 S. 406

  At the request of Mrs. Hutchison, the name of the Senator from 
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 406, a bill to 
ensure local governments have the flexibility needed to enhance 
decision-making regarding certain mass transit projects.


                                 S. 413

  At the request of Mrs. Clinton, the name of the Senator from Alabama 
(Mr. Sessions) was added as a cosponsor of S. 413, a bill to amend the 
Bank Holding Company Act of 1956 and the Revised Statutes of the United 
States to prohibit financial holding companies and national banks from 
engaging, directly or indirectly, in real estate brokerage or real 
estate management activities, and for other purposes.


                                 S. 474

  At the request of Mrs. Hutchison, the name of the Senator from North 
Dakota (Mr. Conrad) was added as a cosponsor of S. 474, a bill to award 
a congressional gold medal to Michael Ellis DeBakey, M.D.


                                 S. 502

  At the request of Mr. Crapo, the names of the Senator from Kansas 
(Mr. Brownback) and the Senator from Texas (Mrs. Hutchison) were added 
as cosponsors of S. 502, a bill to repeal the sunset on the reduction 
of capital gains rates for individuals and on the taxation of dividends 
of individuals at capital gains rates.


                                 S. 506

  At the request of Mr. Lautenberg, the name of the Senator from New 
York (Mrs. Clinton) was added as a cosponsor of S. 506, a bill to 
improve efficiency in the Federal Government through the use of high-
performance green buildings, and for other purposes.


                                 S. 543

  At the request of Mr. Nelson of Nebraska, the name of the Senator 
from Pennsylvania (Mr. Casey) was added as a cosponsor of S. 543, a 
bill to improve Medicare beneficiary access by extending the 60 percent 
compliance threshold used to determine whether a hospital or unit of a 
hospital is an inpatient rehabilitation facility under the Medicare 
program.


                                 S. 576

  At the request of Mr. Dodd, the names of the Senator from Vermont 
(Mr. Sanders) and the Senator from Iowa (Mr. Harkin) were added as 
cosponsors of S. 576, a bill to provide for the effective prosecution 
of terrorists and guarantee due process rights.


                                 S. 582

  At the request of Mr. Smith, the name of the Senator from Vermont

[[Page 7596]]

(Mr. Sanders) was added as a cosponsor of S. 582, a bill to amend the 
Internal Revenue Code of 1986 to classify automatic fire sprinkler 
systems as 5-year property for purposes of depreciation.


                                 S. 597

  At the request of Mrs. Feinstein, the name of the Senator from 
Georgia (Mr. Isakson) was added as a cosponsor of S. 597, a bill to 
extend the special postage stamp for breast cancer research for 2 
years.


                                 S. 604

  At the request of Mr. Lautenberg, the name of the Senator from Ohio 
(Mr. Brown) was added as a cosponsor of S. 604, a bill to amend title 
10, United States Code, to limit increases in the certain costs of 
health care services under the health care programs of the Department 
of Defense, and for other purposes.


                                 S. 638

  At the request of Mr. Roberts, the name of the Senator from Wyoming 
(Mr. Enzi) was added as a cosponsor of S. 638, a bill to amend the 
Internal Revenue Code of 1986 to provide for collegiate housing and 
infrastructure grants.


                                 S. 656

  At the request of Mr. Reed, the name of the Senator from Minnesota 
(Ms. Klobuchar) was added as a cosponsor of S. 656, a bill to provide 
for the adjustment of status of certain nationals of Liberia to that of 
lawful permanent residence.


                                 S. 673

  At the request of Mr. Salazar, the name of the Senator from Alaska 
(Ms. Murkowski) was added as a cosponsor of S. 673, a bill to amend the 
Internal Revenue Code of 1986 to provide credits for the installation 
of wind energy property, including by rural homeowners, farmers, 
ranchers, and small businesses, and for other purposes.


                                 S. 682

  At the request of Mr. Kennedy, the names of the Senator from Georgia 
(Mr. Isakson), the Senator from Wisconsin (Mr. Feingold), the Senator 
from New Hampshire (Mr. Sununu), the Senator from Tennessee (Mr. 
Alexander), the Senator from Alaska (Ms. Murkowski), the Senator from 
Texas (Mrs. Hutchison), the Senator from Utah (Mr. Hatch), the Senator 
from North Dakota (Mr. Conrad), the Senator from Connecticut (Mr. Dodd) 
and the Senator from South Carolina (Mr. Graham) were added as 
cosponsors of S. 682, a bill to award a congressional gold medal to 
Edward William Brooke III in recognition of his unprecedented and 
enduring service to our Nation.


                                 S. 756

  At the request of Mr. Dodd, the name of the Senator from Louisiana 
(Ms. Landrieu) was added as a cosponsor of S. 756, a bill to authorize 
appropriations for the Department of Defense to address the equipment 
reset and other equipment needs of the National Guard, and for other 
purposes.


                                 S. 803

  At the request of Mr. Rockefeller, the name of the Senator from Ohio 
(Mr. Brown) was added as a cosponsor of S. 803, a bill to repeal a 
provision enacted to end Federal matching of State spending of child 
support incentive payments.


                                 S. 831

  At the request of Mr. Durbin, the names of the Senator from 
California (Mrs. Feinstein), the Senator from Massachusetts (Mr. 
Kennedy) and the Senator from Rhode Island (Mr. Whitehouse) were added 
as cosponsors of S. 831, a bill to authorize States and local 
governments to prohibit the investment of State assets in any company 
that has a qualifying business relationship with Sudan.


                                 S. 871

  At the request of Mr. Lieberman, the name of the Senator from 
Louisiana (Ms. Landrieu) was added as a cosponsor of S. 871, a bill to 
establish and provide for the treatment of Individual Development 
Accounts, and for other purposes.


                                 S. 883

  At the request of Mrs. Feinstein, the name of the Senator from 
Mississippi (Mr. Cochran) was added as a cosponsor of S. 883, a bill to 
amend the Higher Education Act of 1965 to extend loan forgiveness for 
certain loans to Head Start teachers.


                                 S. 888

  At the request of Mr. Durbin, the name of the Senator from 
Massachusetts (Mr. Kennedy) was added as a cosponsor of S. 888, a bill 
to amend section 1091 of title 18, United States Code, to allow the 
prosecution of genocide in appropriate circumstances.


                                 S. 903

  At the request of Mr. Durbin, the name of the Senator from New Mexico 
(Mr. Bingaman) was added as a cosponsor of S. 903, a bill to award a 
Congressional Gold Medal to Dr. Muhammad Yunus, in recognition of his 
contributions to the fight against global poverty.


                                 S. 914

  At the request of Mr. Voinovich, the name of the Senator from 
Kentucky (Mr. Bunning) was added as a cosponsor of S. 914, a bill to 
authorize the States (and subdivisions thereof), the District of 
Columbia, territories, and possessions of the United States to provide 
certain tax incentives to any person for economic development purposes.


                                 S. 959

  At the request of Mrs. Clinton, the names of the Senator from Ohio 
(Mr. Brown) and the Senator from Vermont (Mr. Sanders) were added as 
cosponsors of S. 959, a bill to award a grant to enable Teach for 
America, Inc., to implement and expand its teaching program.


                                 S. 969

  At the request of Mr. Dodd, the name of the Senator from New York 
(Mrs. Clinton) was added as a cosponsor of S. 969, a bill to amend the 
National Labor Relations Act to modify the definition of supervisor.


                                 S. 980

  At the request of Mrs. Feinstein, the name of the Senator from 
Delaware (Mr. Biden) was added as a cosponsor of S. 980, a bill to 
amend the Controlled Substances Act to address online pharmacies.


                             S. CON. RES. 3

  At the request of Mr. Salazar, the name of the Senator from North 
Dakota (Mr. Conrad) was added as a cosponsor of S. Con. Res. 3, a 
concurrent resolution expressing the sense of Congress that it is the 
goal of the United States that, not later than January 1, 2025, the 
agricultural, forestry, and working land of the United States should 
provide from renewable resources not less than 25 percent of the total 
energy consumed in the United States and continue to produce safe, 
abundant, and affordable food, feed, and fiber.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for himself and Mr. Sanders):
  S. 986. A bill to expand eligibility for Combat-Related Special 
Compensation paid by the uniformed services in order to permit certain 
additional retired members who have a service-connected disability to 
receive both disability compensation from the Department of Veterans 
Affairs for that disability and Combat-Related Special Compensation by 
reason of that disability; to the Committee on Armed Services.
  Mr. REID. Mr. President, before I introduce my legislation, The 
Combat Related Special Compensation Act of 2007, I would like to 
briefly talk about the unfair treatment and the deplorable health care 
conditions found at the Walter Reed Army Medical Center. I feel that 
the current situation there has some bearing on my legislation.
  Walter Reed is one of the Army's best-known and premier medical 
facilities for wounded service members in the country. Numerous reports 
by the Government Accounting Office and transcripts of congressional 
testimony indicate that many of our military facilities for wounded 
outpatients are in disarray. These facilities are plagued by mold, 
mice, stained carpets, and a system ill equipped to handle another 
generation of psychologically scarred veterans.
  Nearly 4,000 outpatients are currently in the military's Medical 
Holding companies, which oversee the

[[Page 7597]]

wounded. Soldiers and veterans across the country report bureaucratic 
neglect similar to Walter Reed's: untrained staff; misplaced paperwork; 
lost computer generated medical appointments; and long waits for 
consultations. These serious problems have resulted from bureaucratic 
red tape and substandard health care conditions. This situation is 
unacceptable. We have not fulfilled our covenant, nor have we kept our 
promise to take care of our troops.
  Our dedicated service members took an oath to serve our Nation. We as 
policy makers have a moral obligation to take care of these dedicated 
service men and women that have shown heroic patriotism in Afghanistan 
and Iraq.
  ``As described in the Washington Post'', It is not just a problem at 
Walter Reed: others describe depressing living conditions for 
outpatients at military bases throughout the country. Let me share with 
you the comments of a 70-year-old soldier, Mr. Oliva, who is worried 
about the military health care our wounded will receive. He described 
his own troubling experiences at the VA hospital in Livermore, CA.
  ``It is not just Walter Reed,'' Mr. Oliva states. ``The VA hospitals 
are not good either except for the staff members who work so hard. It 
brings tears to my eyes when I see my brothers and sisters having to 
deal with these conditions.''
  Mr. Oliva is but one voice in a vast outpouring of emotion and anger 
about the treatment of wounded outpatients at Walter Reed. Stories of 
neglect and substandard care have flooded in from soldiers, their 
family members, veterans, doctors and nurses working inside the system. 
This is appalling and an embarrassment to our Nation.
  I am particularly concerned that some of the highest ranking 
officials were aware of the problem for almost two years, but took no 
action to correct the situation. While we have seen some positive signs 
from the fallout over the scandal, such as the firing of the head of 
Walter Reed and the establishment of a bipartisan commission, more must 
be done.
  Our soldiers receive first class care in combat, and they should 
receive the same level of care in our own country. Congress must lead 
the way in this effort. We must continue our efforts and pass 
legislation that will improve the quality of life for all of America's 
heroes, including providing them with the benefits they have earned.
  Today, I join with many of my Senate colleagues to fight and end the 
ban on current receipt so that disabled veterans can get the fair 
benefits they deserve. We have made some progress over the last few 
years, but as everyone knows, we still have a lot of work to do.
  The legislation I am introducing today--the Combat-Related Special 
Compensation Act of 2007, would continue to chip away at this unfair 
policy, by giving pro-rated retirement benefits to our service men and 
women who are forced into early retirement because of their combat-
related injuries.
  Our veterans on a day-to-day basis sacrifice their life for our 
country. As public servants, we Americans owe it to our dedicated 
service men and women to end this inequity. We must support our troops; 
we must ensure that those who serve us with dignity and valor receive 
these deserving benefits. They have earned it and they deserve it.
  My legislation will take care of soldiers who had hoped to make the 
military a career, but were discharged prematurely for an injury 
sustained in combat and forced to retire medically before attaining 20 
years of service.
  Like many of you, I have visited military hospitals on several 
occasions and have seen first hand the injuries sustained by our 
military personnel. Many of the members have reached the 10-, 12-, 14-
year marks of their military careers and have been forced to retire 
medically before they meet the 20-year requirement to receive full 
benefits. Right now, these soldiers receive combat-related disability 
benefits, but are not eligible to receive retirement benefits because 
they cannot fulfill the 20-year service requirement.
  This is a travesty to treat our dedicated service men and women 
inequitably. It's wrong.
  We should not penalize veterans because they incurred a combat-
related injury while serving their country. This legislation will 
ensure they will receive both their prorated military retirement pay, 
along with their disability compensation.
  Let me point out that this legislation is especially important given 
the injuries sustained by these troops that are currently serving in 
Afghanistan, Iraq, and other theaters throughout the world. This 
legislation is essential for the more than 23,000 injured personnel who 
are returning from war. The widespread use of improvised explosive 
devices (IED) has created numerous amputees and therefore, result in an 
increase in medically discharged veterans. As described in stories 
reported by the Washington Post, a 25-year-old soldier got too close to 
an IED in Iraq and was sent to Walter Reed, where doctors did all they 
could before shipping the soldier to the VA for the remainder of his 
life. Will this young soldier be one of the victims of war that do not 
receive disability compensation and military retirement pay?
  Mr. President, ensuring our veterans receive retirement benefits they 
have earned is the right thing to do, especially in light of recent 
issues surrounding the treatment of patients at Walter Reed. We must 
never forget the sacrifices our service men and women have made to 
protect our freedom. They serve because they love this great country. 
Taking care of our veterans is not only the right thing to do; it is 
also important for our efforts to win the war on terror. In our all-
volunteer military, it is critical to attract and retain professional 
and dedicated soldiers. In turn, they expect that we will honor our 
commitments to provide health care and other primary benefits for them 
and their families.
  By ending this unfair policy, we now have an opportunity to show our 
gratitude to our veterans. If we are to truly honor the sacrifices of 
our veterans, we need to ensure that those who were injured in defense 
of our Nation receive these well deserved benefits.
  While our Nation is at war, there is no better honor we could bestow 
upon them than to pass this legislation.
  Mr. President, I ask unanimous consent that the text of this 
legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 986

       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 ``Combat-Related Special 
     Compensation Act of 2007''.

     SEC. 2. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION 
                   ELLGIBILITY FOR CHAPTER 61 MILITARY RETIREES.

       (a) Eligibility.--Subsection (c) of section 1413a of title 
     10, United States Code, is amended by striking ``entitled to 
     retired pay who--'' and all that follows and inserting 
     ``who--
       ``(1) is entitled to retired pay (other than by reason of 
     section 12731b of this title); and
       ``(2) has a combat-related disability.''.
       (b) Computation.--Paragraph (3) of subsection (b) of such 
     section is amended--
       (1) by designating the text of that paragraph as 
     subparagraph (A), realigning that text so as to be indented 4 
     ems from the left margin, and inserting before ``In the case 
     of'' the following heading: ``In general.--''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Special rule for retirees with fewer than 20 years of 
     service.--In the case of an eligible combat-related disabled 
     uniformed services retiree who is retired under chapter 61 of 
     this title with fewer than 20 years of creditable service, 
     the amount of the payment under paragraph (1) for any month 
     shall be reduced by the amount (if any) by which the amount 
     of the member's retired pay under chapter 61 of this title 
     exceeds the amount equal to 21\1/2\ percent of the member's 
     years of creditable service multiplied by the member's 
     retired pay base under section 1406(b)(1) or 1407 of this 
     title, whichever is applicable to the member.''.
       (c) Effective Date.---The amendments made by this section 
     shall take effect on January 1, 2008, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 987. A bill to enhance the energy security of the United States by 
promoting biofuels and for other purposes;

[[Page 7598]]

to the Committee on Energy and Natural Resources.
  Mr. President, I am very pleased to introduce the Biofuels for Energy 
Security and Transportation Act of 2007, along with my co-sponsor, 
Senator Domenici. This bipartisan bill will increase our use of home-
grown biofuels and reduce our dependence on imported oil.
  The bill establishes a new Renewable Fuel Standard. Starting in 2008, 
the new renewable fuel standard will require 8.5 billion gallons of 
renewable fuel. The standard increases gradually to 15 billion gallons 
per year by 2015. After 2015, a complementary ``advanced biofuel'' 
standard takes effect. This standard requires 3 billion gallons per 
year of advanced biofuels in 2016 and increases steadily to reach 21 
billion gallons per year in 2022, for a total renewable fuel standard 
of 36 billion gallons per year in 2022.
  The bill includes a number of provisions to expand the renewable 
transportation fuel infrastructure of the United States. A pilot 
program for renewable fuel corridors is created. Funding for biofuels 
research is increased, with new research centers established to include 
more of the country's diverse biofuels feedstocks. To promote the 
growth of local biorefineries, a national biorefinery information 
center is established. Further toward that end, a competitive grant 
program is established to develop infrastructure to support local 
biorefineries.
  Finally, the bill calls for a number of studies that will explore how 
we should move forward with biofuels. Studies include: the feasibility 
of nationwide ethanol blended gasoline at levels between 10 and 25 
percent (E10 to E25); the feasibility of dedicated ethanol pipelines; 
optimization of flex fuels vehicles, which are currently optimized to 
run on gasoline, to run on E85; an assessment of the state of advanced 
biofuels technology, in advance of the advanced biofuel standard in 
2015; and allowing for renewable fuel standard credit generation 
through plug in hybrids.
  The introduction of this bill is the beginning of what I hope will be 
a substantive exploration of the comprehensive set of issues 
surrounding the role of biofue1s in meeting our future energy security.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 987

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Biofuels 
     for Energy Security and Transportation Act of 2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--RENEWABLE FUEL STANDARD

Sec. 101. Renewable fuel standard.

                TITLE II--RENEWABLE FUELS INFRASTRUCTURE

Sec. 201. Infrastructure pilot program for renewable fuels.
Sec. 202. Bioenergy research and development.
Sec. 203. Bioresearch centers for systems biology program.
Sec. 204. Loan guarantees for renewable fuel facilities.
Sec. 205. Grants for renewable fuel production research and development 
              in certain States.
Sec. 206. Grants for infrastructure for transportation of biomass to 
              local biorefineries.
Sec. 207. Biorefinery information center.
Sec. 208. Conversion assistance for cellulosic biomass, waste-derived 
              ethanol, approved renewable fuels.
Sec. 209. Alternative fuel database and materials.
Sec. 210. Fuel tank cap labeling requirement.

                           TITLE III--STUDIES

Sec. 301. Study of advanced biofuels technologies.
Sec. 302. Study of increased consumption of ethanol-blended gasoline 
              with higher levels of ethanol.
Sec. 303. Pipeline feasibility study.
Sec. 304. Study of optimization of alternative fueled vehicles to use 
              E-85 fuel.
Sec. 305. Study of credits for use of renewable electricity in electric 
              vehicles.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Advanced biofuel.--
       (A) In general.--The term ``advanced biofuel'' means fuel 
     derived from renewable biomass other than corn kernels.
       (B) Inclusions.--The term ``advanced biofuel'' includes--
       (i) ethanol derived from cellulose, hemicellulose, or 
     lignin;
       (ii) ethanol derived from sugar or starch, other than 
     ethanol derived from corn kernels;
       (iii) ethanol derived from waste material, including crop 
     residue, other vegetative waste material, animal waste, and 
     municipal solid waste;
       (iv) diesel-equivalent fuel derived from renewable biomass, 
     including vegetable oil and animal fat;
       (v) biogas produced by the anaerobic digestion or 
     fermentation of organic matter from renewable biomass; and
       (vi) butanol produced by the fermentation of renewable 
     biomass.
       (2) Cellulosic biomass ethanol.--The term ``cellulosic 
     biomass ethanol'' means ethanol derived from any cellulose, 
     hemicellulose, or lignin that is derived from renewable 
     biomass.
       (3) Conventional biofuel.--The term ``conventional 
     biofuel'' means ethanol derived from corn kernels.
       (4) Renewable biomass.--
       (A) In general.--The term ``renewable biomass'' means any 
     organic matter that is available on a renewable or recurring 
     basis.
       (B) Inclusions.--The term ``renewable biomass'' includes--
       (i) renewable plant material, including--

       (I) feed grains;
       (II) other agricultural commodities;
       (III) other plants and trees grown for energy production; 
     and
       (IV) algae; and

       (ii) waste material, including--

       (I) crop residue;
       (II) other vegetative waste material (including wood waste 
     and wood residues);
       (III) animal waste and byproducts (including fats, oils, 
     greases, and manure); and
       (IV) municipal solid waste.

       (C) Exclusions.--The term ``renewable biomass'' does not 
     include old-growth timber of a forest from the late 
     successional stage of forest development.
       (5) Renewable fuel.--
       (A) In general.--The term ``renewable fuel'' means motor 
     vehicle fuel, boiler fuel, or home heating fuel that is--
       (i) produced from renewable biomass; and
       (ii) used to replace or reduce the quantity of fossil fuel 
     present in a fuel mixture used to operate a motor vehicle, 
     boiler, or furnace that would otherwise operate using fossil 
     fuel.
       (B) Inclusion.--The term ``renewable fuel'' includes--
       (i) conventional biofuel; and
       (ii) advanced biofuel.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (7) Small refinery.--The term ``small refinery'' means a 
     refinery for which the average aggregate daily crude oil 
     throughput for a calendar year (as determined by dividing the 
     aggregate throughput for the calendar year by the number of 
     days in the calendar year) does not exceed 75,000 barrels.

                    TITLE I--RENEWABLE FUEL STANDARD

     SEC. 101. RENEWABLE FUEL STANDARD.

       (a) Renewable Fuel Program.--
       (1) Regulations.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the President shall promulgate 
     regulations to ensure that motor vehicle fuel, home heating 
     oil, and boiler fuel sold or introduced into commerce in the 
     United States (except in noncontiguous States or 
     territories), on an annual average basis, contains the 
     applicable volume of renewable fuel determined in accordance 
     with paragraph (2).
       (B) Provisions of regulations.--Regardless of the date of 
     promulgation, the regulations promulgated under subparagraph 
     (A)--
       (i) shall contain compliance provisions applicable to 
     refineries, blenders, distributors, and importers, as 
     appropriate, to ensure that the requirements of this 
     subsection are met; but
       (ii) shall not--

       (I) restrict geographic areas in the contiguous United 
     States in which renewable fuel may be used; or
       (II) impose any per-gallon obligation for the use of 
     renewable fuel.

       (C) Relationship to other regulations.--Regulations 
     promulgated under this paragraph shall, to the maximum extent 
     practicable, incorporate the program structure, compliance, 
     and reporting requirements established under the final 
     regulations promulgated to implement the renewable fuel 
     program established by the amendment made by section 
     1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
     58; 119 Stat. 1067).
       (2) Applicable volume.--
       (A) Calendar years 2008 through 2022.--
       (i) Renewable fuel.--For the purpose of paragraph (1), 
     subject to clause (ii), the applicable volume for any of 
     calendar years 2008 through 2022 shall be determined in 
     accordance with the following table:


[[Page 7599]]


                                                   Applicable volume of
                                                         renewable fuel
                                                        (in billions of
Calendar year:                                                gallons):
  2008..........................................................8.5....

  2009.........................................................10.5....

  2010.........................................................12.0....

  2011.........................................................12.6....

  2012.........................................................13.2....

  2013.........................................................13.8....

  2014.........................................................14.4....

  2015.........................................................15.0....

  2016.........................................................18.0....

  2017.........................................................21.0....

  2018.........................................................24.0....

  2019.........................................................27.0....

  2020.........................................................30.0....

  2021.........................................................33.0....

  2022.........................................................36.0....

       (ii) Advanced biofuels.--For the purpose of paragraph (1), 
     of the volume of renewable fuel required under clause (i), 
     the applicable volume for any of calendar years 2016 through 
     2022 for advanced biofuels shall be determined in accordance 
     with the following table:

                                                   Applicable volume of
                                                      advanced biofuels
                                                        (in billions of
Calendar year:                                                gallons):
  2016..........................................................3.0....

  2017..........................................................6.0....

  2018..........................................................9.0....

  2019.........................................................12.0....

  2020.........................................................15.0....

  2021.........................................................18.0....

  2022.........................................................21.0....

       (B) Calendar year 2023 and thereafter.--Subject to 
     subparagraph (C), for the purposes of paragraph (1), the 
     applicable volume for calendar year 2023 and each calendar 
     year thereafter shall be determined by the President, in 
     coordination with the Secretary of Energy, the Secretary of 
     Agriculture, and the Administrator of the Environmental 
     Protection Agency, based on a review of the implementation of 
     the program during calendar years 2007 through 2022, 
     including a review of--
       (i) the impact of renewable fuels on the energy security of 
     the United States;
       (ii) the expected annual rate of future production of 
     renewable fuels, including advanced biofuels; and
       (iii) the impact of the use of renewable fuels on other 
     factors, including job creation, the price and supply of 
     agricultural commodities, rural economic development, and the 
     environment.
       (C) Minimum applicable volume.--Subject to subparagraph 
     (D), for the purpose of paragraph (1), the applicable volume 
     for calendar year 2023 and each calendar year thereafter 
     shall be equal to the product obtained by multiplying--
       (i) the number of gallons of gasoline that the President 
     estimates will be sold or introduced into commerce in the 
     calendar year; and
       (ii) the ratio that--

       (I) 36,000,000,000 gallons of renewable fuel; bears to
       (II) the number of gallons of gasoline sold or introduced 
     into commerce in calendar year 2022.

       (D) Maximum quantity derived from conventional biofuel 
     feedstocks.--For the purpose of paragraph (1), the applicable 
     volume for calendar year 2023 and each calendar year 
     thereafter shall not exceed 15,000,000,000 gallons of 
     conventional biofuel.
       (b) Applicable Percentages.--
       (1) Provision of estimate of volumes of gasoline sales.--
     Not later than October 31 of each of calendar years 2008 
     through 2021, the Administrator of the Energy Information 
     Administration shall provide to the President an estimate, 
     with respect to the following calendar year, of the volumes 
     of gasoline projected to be sold or introduced into commerce 
     in the United States.
       (2) Determination of applicable percentages.--
       (A) In general.--Not later than November 30 of each of 
     calendar years 2008 through 2022, based on the estimate 
     provided under paragraph (1), the President shall determine 
     and publish in the Federal Register, with respect to the 
     following calendar year, the renewable fuel obligation that 
     ensures that the requirements of subsection (a) are met.
       (B) Required elements.--The renewable fuel obligation 
     determined for a calendar year under subparagraph (A) shall--
       (i) be applicable to refineries, blenders, and importers, 
     as appropriate;
       (ii) be expressed in terms of a volume percentage of 
     gasoline sold or introduced into commerce in the United 
     States; and
       (iii) subject to paragraph (3)(A), consist of a single 
     applicable percentage that applies to all categories of 
     persons specified in clause (i).
       (3) Adjustments.--In determining the applicable percentage 
     for a calendar year, the President shall make adjustments--
       (A) to prevent the imposition of redundant obligations on 
     any person specified in paragraph (2)(B)(i); and
       (B) to account for the use of renewable fuel during the 
     previous calendar year by small refineries that are exempt 
     under subsection (g).
       (c) Volume Conversion Factors for Renewable Fuels Based on 
     Energy Content or Requirements.--
       (1) In general.--For the purpose of subsection (a), the 
     President shall assign values to specific types of advanced 
     biofuels for the purpose of satisfying the fuel volume 
     requirements of subsection (a)(2) in accordance with this 
     subsection.
       (2) Energy content relative to ethanol.--For advanced 
     biofuel, 1 gallon of the advanced biofuel shall be considered 
     to be the equivalent of 1 gallon of renewable fuel multiplied 
     by the ratio that--
       (A) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of the advanced biofuel (as 
     measured under conditions determined by the Secretary); bears 
     to
       (B) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of pure ethanol (as measured 
     under conditions determined by the Secretary to be comparable 
     to conditions described in subparagraph (A)).
       (3) Transitional energy-related conversion factors for 
     cellulosic biomass ethanol.--For any of calendar years 2008 
     through 2015, 1 gallon of cellulosic biomass ethanol shall be 
     considered to be the equivalent of 2.5 gallons of renewable 
     fuel.
       (d) Credit Program.--
       (1) In general.--The President, in consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency, shall implement a credit program to manage 
     the renewable fuel requirement of this section in a manner 
     consistent with the credit program established by the 
     amendment made by section 1501(a)(2) of the Energy Policy Act 
     of 2005 (Public Law 109-58; 119 Stat. 1067).
       (2) Market transparency.--In carrying out the credit 
     program under this subsection, the President shall facilitate 
     price transparency in markets for the sale and trade of 
     credits, with due regard for the public interest, the 
     integrity of those markets, fair competition, and the 
     protection of consumers and agricultural producers.
       (e) Seasonal Variations in Renewable Fuel Use.--
       (1) Study.--For each of calendar years 2007 through 2020, 
     the Administrator of the Energy Information Administration 
     shall conduct a study of renewable fuel blending to determine 
     whether there are excessive seasonal variations in the use of 
     renewable fuel.
       (2) Regulation of excessive seasonal variations.--If, for 
     any calendar year, the Administrator of the Energy 
     Information Administration, based on the study under 
     paragraph (1), makes the determinations specified in 
     paragraph (3), the President shall promulgate regulations to 
     ensure that 25 percent or more of the quantity of renewable 
     fuel necessary to meet the requirements of subsection (a) is 
     used during each of the 2 periods specified in paragraph (4) 
     of each subsequent calendar year.
       (3) Determinations.--The determinations referred to in 
     paragraph (2) are that--
       (A) less than 25 percent of the quantity of renewable fuel 
     necessary to meet the requirements of subsection (a) has been 
     used during 1 of the 2 periods specified in paragraph (4) of 
     the calendar year;
       (B) a pattern of excessive seasonal variation described in 
     subparagraph (A) will continue in subsequent calendar years; 
     and
       (C) promulgating regulations or other requirements to 
     impose a 25 percent or more seasonal use of renewable fuels 
     will not significantly--
       (i) increase the price of motor fuels to the consumer; or
       (ii) prevent or interfere with the attainment of national 
     ambient air quality standards.
       (4) Periods.--The 2 periods referred to in this subsection 
     are--
       (A) April through September; and
       (B) January through March and October through December.
       (f) Waivers.--
       (1) In general.--The President, in consultation with the 
     Secretary of Energy, the Secretary of Agriculture, and the 
     Administrator of the Environmental Protection Agency, may 
     waive the requirements of subsection (a) in whole or in part 
     on petition by one or more States by reducing the national 
     quantity of renewable fuel required under subsection (a), 
     based on a determination by the President (after public 
     notice and opportunity for comment), that--
       (A) implementation of the requirement would severely harm 
     the economy or environment of a State, a region, or the 
     United States; or
       (B) extreme and unusual circumstances exist that prevent 
     distribution of an adequate supply of domestically-produced 
     renewable fuel to consumers in the United States.
       (2) Petitions for waivers.--The President, in consultation 
     with the Secretary of Energy, the Secretary of Agriculture, 
     and the Administrator of the Environmental Protection Agency, 
     shall approve or disapprove a State petition for a waiver of 
     the requirements of subsection (a) within 90 days after the 
     date on which the petition is received by the President.
       (3) Termination of waivers.--A waiver granted under 
     paragraph (1) shall terminate after 1 year, but may be 
     renewed by the

[[Page 7600]]

     President after consultation with the Secretary of Energy, 
     the Secretary of Agriculture, and the Administrator of the 
     Environmental Protection Agency.
       (g) Small Refineries.--
       (1) Temporary exemption.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply to small refineries until calendar year 2013.
       (B) Extension of exemption.--
       (i) Study by secretary.--Not later than December 31, 2008, 
     the Secretary shall submit to the President and Congress a 
     report describing the results of a study to determine whether 
     compliance with the requirements of subsection (a) would 
     impose a disproportionate economic hardship on small 
     refineries.
       (ii) Extension of exemption.--In the case of a small 
     refinery that the Secretary determines under clause (i) would 
     be subject to a disproportionate economic hardship if 
     required to comply with subsection (a), the President shall 
     extend the exemption under subparagraph (A) for the small 
     refinery for a period of not less than 2 additional years.
       (2) Petitions based on disproportionate economic 
     hardship.--
       (A) Extension of exemption.--A small refinery may at any 
     time petition the President for an extension of the exemption 
     under paragraph (1) for the reason of disproportionate 
     economic hardship.
       (B) Evaluation of petitions.--In evaluating a petition 
     under subparagraph (A), the President, in consultation with 
     the Secretary, shall consider the findings of the study under 
     paragraph (1)(B) and other economic factors.
       (C) Deadline for action on petitions.--The President shall 
     act on any petition submitted by a small refinery for a 
     hardship exemption not later than 90 days after the date of 
     receipt of the petition.
       (3) Opt-in for small refineries.--A small refinery shall be 
     subject to the requirements of subsection (a) if the small 
     refinery notifies the President that the small refinery 
     waives the exemption under paragraph (1).
       (h) Penalties and Enforcement.--
       (1) Civil penalties.--
       (A) In general.--Any person that violates a regulation 
     promulgated under subsection (a), or that fails to furnish 
     any information required under such a regulation, shall be 
     liable to the United States for a civil penalty of not more 
     than the total of--
       (i) $25,000 for each day of the violation; and
       (ii) the amount of economic benefit or savings received by 
     the person resulting from the violation, as determined by the 
     President.
       (B) Collection.--Civil penalties under subparagraph (A) 
     shall be assessed by, and collected in a civil action brought 
     by, the Secretary or such other officer of the United States 
     as is designated by the President.
       (2) Injunctive authority.--
       (A) In general.--The district courts of the United States 
     shall have jurisdiction to--
       (i) restrain a violation of a regulation promulgated under 
     subsection (a);
       (ii) award other appropriate relief; and
       (iii) compel the furnishing of information required under 
     the regulation.
       (B) Actions.--An action to restrain such violations and 
     compel such actions shall be brought by and in the name of 
     the United States.
       (C) Subpoenas.--In the action, a subpoena for a witness who 
     is required to attend a district court in any district may 
     apply in any other district.
       (i) Effective Date.--Except as otherwise specifically 
     provided in this section, this section takes effect on 
     January 1, 2008.

                TITLE II--RENEWABLE FUELS INFRASTRUCTURE

     SEC. 201. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency, shall establish a 
     competitive grant pilot program (referred to in this section 
     as the ``pilot program''), to be administered through the 
     Vehicle Technology Deployment Program of the Department of 
     Energy, to provide not more than 10 geographically-dispersed 
     project grants to State governments, local governments, 
     metropolitan transportation authorities, or partnerships of 
     those entities to carry out 1 or more projects for the 
     purposes described in subsection (b).
       (b) Grant Purposes.--A grant under this section shall be 
     used for the establishment of refueling infrastructure 
     corridors, as designated by the Secretary, for gasoline 
     blends that contain at least 85 percent renewable fuel or 
     diesel fuel that contains at least 10 percent renewable fuel, 
     including--
       (1) installation of infrastructure and equipment necessary 
     to ensure adequate distribution of renewable fuels within the 
     corridor;
       (2) installation of infrastructure and equipment necessary 
     to directly support vehicles powered by renewable fuels; and
       (3) operation and maintenance of infrastructure and 
     equipment installed as part of a project funded by the grant.
       (c) Applications.--
       (1) Requirements.--
       (A) In general.--Subject to subparagraph (B), not later 
     than 90 days after the date of enactment of this Act, the 
     Secretary shall issue requirements for use in applying for 
     grants under the pilot program.
       (B) Minimum requirements.--At a minimum, the Secretary 
     shall require that an application for a grant under this 
     section--
       (i) be submitted by--

       (I) the head of a State or local government or a 
     metropolitan transportation authority, or any combination of 
     those entities; and
       (II) a registered participant in the Vehicle Technology 
     Deployment Program of the Department of Energy; and

       (ii) include--

       (I) a description of the project proposed in the 
     application, including the ways in which the project meets 
     the requirements of this section;
       (II) an estimate of the degree of use of the project, 
     including the estimated size of fleet of vehicles operated 
     with renewable fuel available within the geographic region of 
     the corridor;
       (III) an estimate of the potential petroleum displaced as a 
     result of the project, and a plan to collect and disseminate 
     petroleum displacement and other relevant data relating to 
     the project to be funded under the grant, over the expected 
     life of the project;
       (IV) a description of the means by which the project will 
     be sustainable without Federal assistance after the 
     completion of the term of the grant;
       (V) a complete description of the costs of the project, 
     including acquisition, construction, operation, and 
     maintenance costs over the expected life of the project; and
       (VI) a description of which costs of the project will be 
     supported by Federal assistance under this subsection.

       (2) Partners.--An applicant under paragraph (1) may carry 
     out a project under the pilot program in partnership with 
     public and private entities.
       (d) Selection Criteria.--In evaluating applications under 
     the pilot program, the Secretary shall--
       (1) consider the experience of each applicant with 
     previous, similar projects; and
       (2) give priority consideration to applications that--
       (A) are most likely to maximize displacement of petroleum 
     consumption;
       (B) demonstrate the greatest commitment on the part of the 
     applicant to ensure funding for the proposed project and the 
     greatest likelihood that the project will be maintained or 
     expanded after Federal assistance under this subsection is 
     completed;
       (C) represent a partnership of public and private entities; 
     and
       (D) exceed the minimum requirements of subsection 
     (c)(1)(B).
       (e) Pilot Project Requirements.--
       (1) Maximum amount.--The Secretary shall provide not more 
     than $20,000,000 in Federal assistance under the pilot 
     program to any applicant.
       (2) Cost sharing.--The non-Federal share of the cost of any 
     activity relating to renewable fuel infrastructure 
     development carried out using funds from a grant under this 
     section shall be not less than 20 percent.
       (3) Maximum period of grants.--The Secretary shall not 
     provide funds to any applicant under the pilot program for 
     more than 2 years.
       (4) Deployment and distribution.--The Secretary shall seek, 
     to the maximum extent practicable, to ensure a broad 
     geographic distribution of project sites funded by grants 
     under this section.
       (5) Transfer of information and knowledge.--The Secretary 
     shall establish mechanisms to ensure that the information and 
     knowledge gained by participants in the pilot program are 
     transferred among the pilot program participants and to other 
     interested parties, including other applicants that submitted 
     applications.
       (f) Schedule.--
       (1) Initial grants.--
       (A) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register, Commerce Business Daily, and such other 
     publications as the Secretary considers to be appropriate, a 
     notice and request for applications to carry out projects 
     under the pilot program.
       (B) Deadline.--An application described in subparagraph (A) 
     shall be submitted to the Secretary by not later than 180 
     days after the date of publication of the notice under that 
     subparagraph.
       (C) Initial selection.--Not later than 90 days after the 
     date by which applications for grants are due under 
     subparagraph (B), the Secretary shall select by competitive, 
     peer-reviewed proposal up to 5 applications for projects to 
     be awarded a grant under the pilot program.
       (2) Additional grants.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register, Commerce Business Daily, and such other 
     publications as the Secretary considers to be appropriate, a 
     notice and request for additional applications to carry out 
     projects under the pilot program that incorporate the 
     information and knowledge obtained through the implementation 
     of the first round of projects authorized under the pilot 
     program.
       (B) Deadline.--An application described in subparagraph (A) 
     shall be submitted to the

[[Page 7601]]

     Secretary by not later than 180 days after the date of 
     publication of the notice under that subparagraph.
       (C) Initial selection.--Not later than 90 days after the 
     date by which applications for grants are due under 
     subparagraph (B), the Secretary shall select by competitive, 
     peer-reviewed proposal such additional applications for 
     projects to be awarded a grant under the pilot program as the 
     Secretary determines to be appropriate.
       (g) Reports to Congress.--
       (1) Initial report.--Not later than 60 days after the date 
     on which grants are awarded under this section, the Secretary 
     shall submit to Congress a report containing--
       (A) an identification of the grant recipients and a 
     description of the projects to be funded under the pilot 
     program;
       (B) an identification of other applicants that submitted 
     applications for the pilot program but to which funding was 
     not provided; and
       (C) a description of the mechanisms used by the Secretary 
     to ensure that the information and knowledge gained by 
     participants in the pilot program are transferred among the 
     pilot program participants and to other interested parties, 
     including other applicants that submitted applications.
       (2) Evaluation.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter until the 
     termination of the pilot program, the Secretary shall submit 
     to Congress a report containing an evaluation of the 
     effectiveness of the pilot program, including an assessment 
     of the petroleum displacement and benefits to the environment 
     derived from the projects included in the pilot program.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $200,000,000, to remain available until expended.

     SEC. 202. BIOENERGY RESEARCH AND DEVELOPMENT.

       Section 931(c) of the Energy Policy Act of 2005 (42 U.S.C. 
     16231(c)) is amended--
       (1) in paragraph (1), by striking ``$213,000,000'' and 
     inserting ``$326,000,000'';
       (2) in paragraph (2), by striking ``$251,000,000'' and 
     inserting ``$377,000,000''; and
       (3) in paragraph (3), by striking ``$274,000,000'' and 
     inserting ``$398,000,000''.

     SEC. 203. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.

       Section 977(a)(1) of the Energy Policy Act of 2005 (42 
     U.S.C. 16317(a)(1)) is amended by inserting before the period 
     at the end the following: ``, including the establishment of 
     at least 7 bioresearch centers that focus on biofuels, of 
     which at least 1 center shall be located in each of the 4 
     Petroleum Administration for Defense Districts with no 
     subdistricts and 1 center shall be located in each of the 
     subdistricts of the Petroleum Administration for Defense 
     District with subdistricts''.

     SEC. 204. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.

       (a) In General.--Section 1703 of the Energy Policy Act of 
     2005 (42 U.S.C. 16513) is amended by adding at the end the 
     following:
       ``(f) Renewable Fuel Facilities.--
       ``(1) In general.--The Secretary may make guarantees under 
     this title for projects that produce advanced biofuel (as 
     defined in section 2 of the Biofuels for Energy Security and 
     Transportation Act of 2007).
       ``(2) Requirements.--A project under this subsection shall 
     employ new or significantly improved technologies for the 
     production of renewable fuels as compared to commercial 
     technologies in service in the United States at the time that 
     the guarantee is issued.
       ``(3) Issuance of first loan guarantees.--The requirement 
     of section 20320(b) of division B of the Continuing 
     Appropriations Resolution, 2007 (Public Law 109-289, Public 
     Law 110-5), relating to the issuance of final regulations, 
     shall not apply to the first 6 guarantees issued under this 
     subsection.
       ``(4) Project design.--A project for which a guarantee is 
     made under this subsection shall have a project design that 
     has been validated through the operation of a continuous 
     process pilot facility with an annual output of at least 
     50,000 gallons of ethanol.
       ``(5) Maximum guaranteed principal.--The total principal 
     amount of a loan guaranteed under this subsection may not 
     exceed $250,000,000 for a single facility.
       ``(6) Amount of guarantee.--The Secretary shall guarantee 
     100 percent of the principal and interest due on 1 or more 
     loans made for a facility that is the subject of the 
     guarantee under paragraph (3).
       ``(7) Deadline.--The Secretary shall approve or disapprove 
     an application for a guarantee under this subsection not 
     later than 90 days after the date of receipt of the 
     application.
       ``(8) Report.--Not later than 30 days after approving or 
     disapproving an application under paragraph (7), the 
     Secretary shall submit to Congress a report on the approval 
     or disapproval (including the reasons for the action).''.
       (b) Improvements to Underlying Loan Guarantee Authority.--
       (1) Definition of commercial technology.--Section 1701(1) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Exclusion.--The term `commercial technology' does not 
     include a technology if the sole use of the technology is in 
     connection with--
       ``(i) a demonstration plant; or
       ``(ii) a project for which the Secretary approved a loan 
     guarantee.''.
       (2) Specific appropriation or contribution.--Section 1702 
     of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost has been made; or
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the obligation and deposited 
     the payment into the Treasury.
       ``(2) Limitation.--The source of payments received from a 
     borrower under paragraph (1)(B) shall not be a loan or other 
     debt obligation that is made or guaranteed by the Federal 
     Government.
       ``(3) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply to a loan or loan guarantee made in accordance with 
     paragraph (1)(B).''.
       (3) Amount.--Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Amount.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall guarantee up to 100 percent of the principal and 
     interest due on 1 or more loans for a facility that are the 
     subject of the guarantee.
       ``(2) Limitation.--The total amount of loans guaranteed for 
     a facility by the Secretary shall not exceed 80 percent of 
     the total cost of the facility, as estimated at the time at 
     which the guarantee is issued.''.
       (4) Subrogation.--Section 1702(g)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
       (A) by striking subparagraph (B); and
       (B) by redesignating subparagraph (C) as subparagraph (B).

     SEC. 205. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND 
                   DEVELOPMENT IN CERTAIN STATES.

       (a) In General.--The Secretary shall provide grants to 
     eligible entities to conduct research into, and develop and 
     implement, renewable fuel production technologies in States 
     with low rates of ethanol production, including low rates of 
     production of cellulosic biomass ethanol.
       (b) Eligibility.--To be eligible to receive a grant under 
     the section, an entity shall--
       (1)(A) be an institution of higher education (as defined in 
     section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) 
     located in a State described in subsection (a); or
       (B) be a consortium of such institutions of higher 
     education, industry, State agencies, or local government 
     agencies located in the State; and
       (2) have proven experience and capabilities with relevant 
     technologies.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2008 through 2010.

     SEC. 206. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF 
                   BIOMASS TO LOCAL BIOREFINERIES.

       (a) In General.--The Secretary shall conduct a program 
     under which the Secretary shall provide grants to local 
     governments and other eligible entities (as determined by the 
     Secretary) (referred to in this section as ``eligible 
     entities'') to promote the development of infrastructure to 
     support the transportation of biomass to local biorefineries, 
     including by portable processing equipment.
       (b) Phases.--The Secretary shall conduct the program in the 
     following phases:
       (1) Development.--In the first phase of the program, the 
     Secretary shall make grants to eligible entities to assist 
     the eligible entities in the development of local projects to 
     promote the development of infrastructure to support the 
     transportation of biomass to local biorefineries, including 
     by portable processing equipment.
       (2) Implementation.--In the second phase of the program, 
     the Secretary shall make competitive grants to eligible 
     entities to implement projects developed under paragraph (1).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 207. BIOREFINERY INFORMATION CENTER.

       (a) In General.--The Secretary, in cooperation with the 
     Secretary of Agriculture, shall establish a biorefinery 
     information center to make available to interested parties 
     information on--
       (1) renewable fuel resources, including information on 
     programs and incentives for renewable fuels;
       (2) renewable fuel producers;
       (3) renewable fuel users; and
       (4) potential renewable fuel users.
       (b) Administration.--In administering the biorefinery 
     information center, the Secretary shall--
       (1) continually update information provided by the center;

[[Page 7602]]

       (2) make information available to interested parties on the 
     process for establishing a biorefinery; and
       (3) make information and assistance provided by the center 
     available through a toll-free telephone number and website.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 208. CONVERSION ASSISTANCE FOR CELLULOSIC BIOMASS, 
                   WASTE-DERIVED ETHANOL, APPROVED RENEWABLE 
                   FUELS.

       (a) Definitions.--In this section:
       (1) Approved renewable fuel.--The term ``approved renewable 
     fuels'' means an alternative or replacement fuel that--
       (A) has been approved under title III of the Energy Policy 
     Act of 1992 (42 U.S.C. 13211 et seq.); and
       (B) is made from renewable biomass.
       (2) Producer.--The term ``producer'' means--
       (A) a merchant producer;
       (B) a farm or dairy cooperative; or
       (C) an association of agricultural producers.
       (3) Waste-derived ethanol.--The term ``waste-derived 
     ethanol'' means ethanol derived from--
       (A) animal waste (including poultry fat and poultry waste) 
     and other waste material; or
       (B) municipal solid waste.
       (b) Conversion Assistance.--The Secretary may provide 
     grants to producers of cellulosic biomass ethanol, waste-
     derived ethanol, and approved renewable fuels in the United 
     States to assist the producers in building eligible 
     production facilities described in subsection (c) for the 
     production of ethanol or approved renewable fuels.
       (c) Eligible Production Facilities.--A production facility 
     shall be eligible to receive a grant under this section if 
     the production facility--
       (1) is located in the United States; and
       (2) uses renewable biomass.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $400,000,000 for fiscal year 2008;
       (2) $500,000,000 for fiscal year 2009; and
       (3) $600,000,000 for fiscal year 2010.

     SEC. 209. ALTERNATIVE FUEL DATABASE AND MATERIALS.

       The Secretary and the Director of the National Institute of 
     Standards and Technology shall jointly establish and make 
     available to the public--
       (1) a database that describes the physical properties of 
     different types of alternative fuel; and
       (2) standard reference materials for different types of 
     alternative fuel.

     SEC. 210. FUEL TANK CAP LABELING REQUIREMENT.

       Section 406(a) of the Energy Policy Act of 1992 (42 U.S.C. 
     13232(a)) is amended--
       (1) by striking ``The Federal Trade Commission'' and 
     inserting the following:
       ``(1) In general.--The Federal Trade Commission''; and
       (2) by adding at the end the following:
       ``(2) Fuel tank cap labeling requirement.--Beginning with 
     model year 2010, the fuel tank cap of each alternative fueled 
     vehicle manufactured for sale in the United States shall be 
     clearly labeled to inform consumers that such vehicle can 
     operate on alternative fuel.''.

                           TITLE III--STUDIES

     SEC. 301. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.

       (a) In General.--Not later than October 1, 2012, the 
     Secretary shall offer to enter into a contract with the 
     National Academy of Sciences under which the Academy shall 
     conduct a study of technologies relating to the production, 
     transportation, and distribution of advanced biofuels.
       (b) Scope.--In conducting the study, the Academy shall--
       (1) include an assessment of the maturity of advanced 
     biofuels technologies;
       (2) consider whether the rate of development of those 
     technologies will be sufficient to meet the advanced biofuel 
     standards required under section 101;
       (3) consider the effectiveness of the research and 
     development programs and activities of the Department of 
     Energy relating to advanced biofuel technologies; and
       (4) make policy recommendations to accelerate the 
     development of those technologies to commercial viability, as 
     appropriate.
       (c) Report.--Not later than November 30, 2014, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report describing 
     the results of the study conducted under this section.

     SEC. 302. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED 
                   GASOLINE WITH HIGHER LEVELS OF ETHANOL.

       (a) In General.--The Secretary (in cooperation with the 
     Secretary of Agriculture, the Administrator of the 
     Environmental Protection Agency, and the Secretary of 
     Transportation) shall conduct a study of the feasibility of 
     increasing consumption in the United States of ethanol-
     blended gasoline with levels of ethanol that are not less 
     than 10 percent and not more than 25 percent, including a 
     study of production and infrastructure constraints on 
     increasing the consumption.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study conducted under 
     this section.

     SEC. 303. PIPELINE FEASIBILITY STUDY.

       (a) In General.--The Secretary, in coordination with the 
     Secretary of Agriculture and the Secretary of Transportation, 
     shall conduct a study of the feasibility of the construction 
     of dedicated ethanol pipelines.
       (b) Factors.--In conducting the study, the Secretary shall 
     consider--
       (1) the quantity of ethanol production that would make 
     dedicated pipelines economically viable;
       (2) existing or potential barriers to dedicated ethanol 
     pipelines, including technical, siting, financing, and 
     regulatory barriers;
       (3) market risk (including throughput risk) and means of 
     mitigating the risk;
       (4) regulatory, financing, and siting options that would 
     mitigate risk in those areas and help ensure the construction 
     of 1 or more dedicated ethanol pipelines;
       (5) financial incentives that may be necessary for the 
     construction of dedicated ethanol pipelines, including the 
     return on equity that sponsors of the initial dedicated 
     ethanol pipelines will require to invest in the pipelines;
       (6) technical factors that may compromise the safe 
     transportation of ethanol in pipelines, identifying remedial 
     and preventative measures to ensure pipeline integrity; and
       (7) such other factors as the Secretary considers 
     appropriate.
       (c) Report.--Not later than 15 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study conducted under 
     this section.

     SEC. 304. STUDY OF OPTIMIZATION OF ALTERNATIVE FUELED 
                   VEHICLES TO USE E-85 FUEL.

       (a) In General.--The Secretary shall conduct a study of 
     methods of increasing the fuel efficiency of alternative 
     fueled vehicles by optimizing alternative fueled vehicles to 
     operate using E-85 fuel.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report that describes the results of the 
     study, including any recommendations of the Secretary.

     SEC. 305. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY 
                   IN ELECTRIC VEHICLES.

       (a) Definition of Electric Vehicle.--In this section, the 
     term ``electric vehicle'' means an electric motor vehicle (as 
     defined in section 601 of the Energy Policy Act of 1992 (42 
     U.S.C. 13271)) for which the rechargeable storage battery--
       (1) receives a charge directly from a source of electric 
     current that is external to the vehicle; and
       (2) provides a minimum of 80 percent of the motive power of 
     the vehicle.
       (b) Study.--The Secretary shall conduct a study on the 
     feasibility of issuing credits under the program established 
     under section 101(d) to electric vehicles powered by 
     electricity produced from renewable energy sources.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that describes the results of the 
     study, including a description of--
       (1) existing programs and studies on the use of renewable 
     electricity as a means of powering electric vehicles; and
       (2) alternatives for--
       (A) designing a pilot program to determine the feasibility 
     of using renewable electricity to power electric vehicles as 
     an adjunct to a renewable fuels mandate;
       (B) allowing the use, under the pilot program designed 
     under subparagraph (A), of electricity generated from nuclear 
     energy as an additional source of supply;
       (C) identifying the source of electricity used to power 
     electric vehicles; and
       (D) equating specific quantities of electricity to 
     quantities of renewable fuel under section 101(d).
                                 ______
                                 
      BY Mr. MENENDEZ (for himself and Mr. Lautenberg):
  S. 990. A bill to fight criminal gangs; to the Committee on the 
Judiciary.
  Mr. MENDENEZ. Mr. President, today, all across America, organized 
criminal gangs plague our communities, destroying the lives of 
thousands of young children and adults each and every year. 
Unfortunately, this plague is currently not being treated effectively, 
and as a result has grown in size and power in almost every State in 
the Nation. In order to effectively counter this growing threat, we 
cannot continue to believe it is only

[[Page 7603]]

a State and local issue that predominantly occurs in highly urbanized 
areas. Instead, we must recognize that it has escalated into a national 
issue--reaching small rural towns, suburban areas, and big cities 
alike--and affecting our country as a whole.
  In light of this, it is clear that we must recalibrate our efforts 
and--in addition to our local initiatives--comprehensively confront 
gang violence at the national level. That is why I rise today, along 
with my colleague, Senator Lautenberg, to introduce the Fighting Gangs 
and Empowering Youth Act of 2007.
  Combining the efforts of Federal, State, and local agencies, this 
legislation would utilize a multi-pronged approach in order to 
comprehensively deal with all aspects of gang violence. From rigorously 
enforcing and appropriately sentencing criminal acts, to exposing and 
eliminating the root causes of gang pervasiveness, this bill would 
simultaneously deter gang violence while proactively targeting the 
sources that have led to its expanding prevalence.
  Like most of the problems we face as a society, gang violence can 
most effectively be handled by addressing its root causes. In order to 
grow in size and power, gangs need a large, self-replenishing pool of 
recruits to draw upon. They prey on areas that suffer from high dropout 
rates, crippling poverty, and rampant unemployment--areas where hope is 
often in short supply. All too often children who live in these areas 
are caught in a tragic web of gang violence simply because they can 
envision no other alternative.
  It is in these circumstances, where a 15-year-old child sees life in 
a gang as not just their best option, but often their only option--that 
gang membership thrives. It is in these circumstances, where children 
do not anticipate living to celebrate their 30th birthday--that gangs 
flourish. Not only does this environment destroy the life of the 
individual recruited--it also serves to strengthen the gang, further 
reinforcing a vicious cycle.
  Thus, any effort undertaken to combat gang violence must address the 
environment that transforms promising, young adolescents into ruthless 
tools of a criminal enterprise. While we will probably never be able to 
completely eliminate all acts of violence from our society, there is 
much we can do to instill in our children the skills they need to 
pursue a law abiding life. To this end, my legislation would authorize 
funds for afterschool and community-based programs designed to 
economically empower young people. Disadvantaged students will be given 
the opportunity to realize their potential, through tutoring, 
mentoring, and job training programs as well as college preparation 
classes and tuition assistance. Additionally, millions of dollars would 
be authorized to enhance and expand anti-gang and anti-violence 
programs in elementary and secondary schools, ensuring that students 
can focus solely on learning, without having to be concerned for their 
personal safety. By providing ``at-risk'' youth with the resources and 
opportunities necessary to succeed in life, they will be far less 
susceptible to the pressures to join a criminal gang.
  This bill would also attack one of the roots of gang violence--gang 
recruiters, who seek out young, economically disadvantaged, at-risk 
youth and pressure them to join. Currently, there is no Federal law 
specifically forbidding gang recruitment. This legislation would change 
that--making it illegal for a gang member to solicit or recruit others 
into a gang--and would incarcerate an offender for up to 10 years if 
the person being recruited was 18 or older, or up to 20 years if the 
individual was under the age of 18. This provision would effectively 
target the kingpins of gangs, who cowardly order younger members to do 
their violent bidding, callously sacrificing their lives like pawns on 
a chessboard.
  For those who have made wrong choices in life, but are still capable 
of rehabilitation, this bill would expand adult and juvenile offender 
reentry demonstration projects to help with post-release and 
transitional housing, while promoting programs that hire former 
prisoners, and establish reentry planning procedures within 
communities. To be eligible for early release, prisoners with drug 
addictions would be required to participate in treatment programs both 
while they are imprisoned as well as during their transition period 
back into society. All offenders would be encouraged to participate in 
educational initiatives such as job training, GED preparation, and a 
myriad of other programs designed to provide offenders with the skills 
necessary to become legally employed when they are released from 
prison. By providing such individuals with an alternative choice to a 
life of crime, lives can be transformed and recidivism rates amongst 
ex-convicts will be reduced.
  In addition to programs focused on gang violence prevention, we must 
provide law enforcement officials at every level of government with all 
of the tools and resources necessary for them to safely and effectively 
protect and serve their communities. All too often these heroic 
officers are caught in the crossfire of gang violence, and all too 
often they make the ultimate sacrifice so that others may live.
  One tragic example involves the late Detective Kiernan Shields from 
East Orange, New Jersey. Detective Shields was a rising star in the 
East Orange Police Department, living his lifelong dream of serving his 
community as an officer of the peace. He was a devoted, loving husband 
and proud father of three children, who was remembered by his peers and 
colleagues not just as a multi-talented person with a great sense of 
humor, but as the epitome of a role model in an area that desperately 
needed one. Unfortunately, New Jersey lost one of its bravest and 
finest sons on the evening of August 7, 2006, when Detective Shields 
was ruthlessly shot-gunned to death by a reputed member of the Bloods 
gang, as he valiantly ran toward the sound of echoing gunfire--Ran 
toward the gunfire.
  This single act of heroism is consistent with the way police officers 
across this Nation live their daily lives. These are the people who are 
fighting day in and day out to keep our communities safe. The best way 
to honor the victims of gang violence and those who are still fighting 
it is to fully commit ourselves to eradicating this cancer.
  To assist our frontline warriors in their daily struggle against gang 
violence, my proposal would provide law enforcement officials on every 
level of government with the resources and information they need to 
accurately track and effectively neutralize criminal gangs. 
Specifically, this legislation would establish a program similar to the 
current Community Oriented Policing Services (COPS) program to augment 
the number of police officers combating gangs in our local communities, 
and would authorize $700 million annually for it. Additional funds 
would be used to provide more forensic examiners to investigate, and 
more attorneys to prosecute, gang crimes. These measures would show 
that we pay homage not just with our words, but more importantly, with 
our actions, as we recognize the heroic deeds performed by law 
enforcement officials every single day.
  As is true with almost all problems, a better understanding of how 
gangs operate translates into a better understanding of how best to 
counter them. That is why this bill would authorize additional funding 
for the National Youth Gang Survey to increase the number of law 
enforcement agencies whose data is collected and included in the annual 
survey and provide money to upgrade technology to better identify gang 
members and include them in the National Gang Database. Additionally, 
this legislation would expand the Uniform Crime Reports (UCRs) to 
include local gang and other crime statistics from the municipal level, 
while also requiring the Attorney General to distinguish those crimes 
committed by juveniles. The bill also requires consolidation and 
standardization of criminal databases, enabling law enforcement all 
across the country to better share information.
  For those who still choose a life of crime, this proposal would 
increase the penalties for crimes committed in the furtherance of a 
gang. Gangs are dependent on committing crimes such as

[[Page 7604]]

witness intimidation, illegal firearm possession, and drug 
trafficking--implementing these violent instruments to augment their 
power. Subsequently, when these crimes are committed in the furtherance 
of gang activity, they can be more detrimental to society than if they 
were committed in isolation. Thus, these tougher sentencing 
requirements for crimes committed in the furtherance of a gang are not 
only appropriate, but necessary to deter gang violence and shield 
society from its most dangerous and unremorseful criminals.
  Taken together, the provisions of this bill develop a comprehensive 
approach to gang violence by focusing on prevention, deterrence, and 
enforcement. Failure to address all of these gang violence catalysts in 
their entirety would leave us with an incomprehensive approach that 
would do little to quell the scourge of gang violence. Therefore, I 
urge my colleagues to support the Fighting Gangs and Empowering Youth 
Act, and by doing so, give law enforcement and our communities the 
means to thoroughly and comprehensively counter the growing specter of 
gang violence that afflicts our great Nation.

                          ____________________




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

   SENATE RESOLUTION 123--REFORMING THE CONGRESSIONAL EARMARK PROCESS

  Mr. DeMINT submitted the following resolution; which was referred to 
the Committee on Rules and Administration:

                              S. Res. 123

       Resolved,

     SECTION 1. CONGRESSIONAL EARMARK REFORM.

       The Standing Rules of the Senate are amended by adding at 
     the end the following:

                              ``RULE XLIV

                               ``earmarks

       ``1. It shall not be in order to consider----
       ``(a) a bill or joint resolution reported by a committee 
     unless the report includes a list, which shall be made 
     available on the Internet in a searchable format to the 
     general public for at least 48 hours before consideration of 
     the bill or joint resolution, of congressional earmarks, 
     limited tax benefits, and limited tariff benefits in the bill 
     or in the report (and the name of any Member who submitted a 
     request to the committee for each respective item included in 
     such list) or a statement that the proposition contains no 
     congressional earmarks, limited tax benefits, or limited 
     tariff benefits;
       ``(b) a bill or joint resolution not reported by a 
     committee unless the chairman of each committee of 
     jurisdiction has caused a list, which shall be made available 
     on the Internet in a searchable format to the general public 
     for at least 48 hours before consideration of the bill or 
     joint resolution, of congressional earmarks, limited tax 
     benefits, and limited tariff benefits in the bill (and the 
     name of any Member who submitted a request to the committee 
     for each respective item included in such list) or a 
     statement that the proposition contains no congressional 
     earmarks, limited tax benefits, or limited tariff benefits to 
     be printed in the Congressional Record prior to its 
     consideration; or
       ``(c) a conference report to accompany a bill or joint 
     resolution unless the joint explanatory statement prepared by 
     the managers on the part of the House and the managers on the 
     part of the Senate includes a list, which shall be made 
     available on the Internet in a searchable format to the 
     general public for at least 48 hours before consideration of 
     the conference report, of congressional earmarks, limited tax 
     benefits, and limited tariff benefits in the conference 
     report or joint statement (and the name of any Member, 
     Delegate, Resident Commissioner, or Senator who submitted a 
     request to the House or Senate committees of jurisdiction for 
     each respective item included in such list) or a statement 
     that the proposition contains no congressional earmarks, 
     limited tax benefits, or limited tariff benefits.
       ``2. For the purpose of this rule--
       ``(a) the term `congressional earmark' means a provision or 
     report language included primarily at the request of a 
     Member, Delegate, Resident Commissioner, or Senator 
     providing, authorizing or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process;
       ``(b) the term `limited tax benefit' means--
       ``(1) any revenue provision that--
       ``(A) provides a Federal tax deduction, credit, exclusion, 
     or preference to a particular beneficiary or limited group of 
     beneficiaries under the Internal Revenue Code of 1986; and
       ``(B) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision; or
       ``(2) any Federal tax provision which provides one 
     beneficiary temporary or permanent transition relief from a 
     change to the Internal Revenue Code of 1986; and
       ``(c) the term `limited tariff benefit' means a provision 
     modifying the Harmonized Tariff Schedule of the United States 
     in a manner that benefits 10 or fewer entities.
       ``3. A Member may not condition the inclusion of language 
     to provide funding for a congressional earmark, a limited tax 
     benefit, or a limited tariff benefit in any bill or joint 
     resolution (or an accompanying report) or in any conference 
     report on a bill or joint resolution (including an 
     accompanying joint explanatory statement of managers) on any 
     vote cast by another Member, Delegate, or Resident 
     Commissioner.
       ``4. (a) A Member who requests a congressional earmark, a 
     limited tax benefit, or a limited tariff benefit in any bill 
     or joint resolution (or an accompanying report) or in any 
     conference report on a bill or joint resolution (or an 
     accompanying joint statement of managers) shall provide a 
     written statement to the chairman and ranking member of the 
     committee of jurisdiction, including--
       ``(1) the name of the Member;
       ``(2) in the case of a congressional earmark, the name and 
     address of the intended recipient or, if there is no 
     specifically intended recipient, the intended location of the 
     activity;
       ``(3) in the case of a limited tax or tariff benefit, 
     identification of the individual or entities reasonably 
     anticipated to benefit, to the extent known to the Member;
       ``(4) the purpose of such congressional earmark or limited 
     tax or tariff benefit; and
       ``(5) a certification that the Member or spouse has no 
     financial interest in such congressional earmark or limited 
     tax or tariff benefit.
       ``(b) Each committee shall maintain the written statements 
     transmitted under subparagraph (a). The written statements 
     transmitted under subparagraph (a) for any congressional 
     earmarks, limited tax benefits, or limited tariff benefits 
     included in any measure reported by the committee or 
     conference report filed by the chairman of the committee or 
     any subcommittee thereof shall be published in a searchable 
     format on the committee's or subcommittee's website not later 
     than 48 hours after receipt on such information.
       ``5. It shall not be in order to consider any bill, 
     resolution, or conference report that contains an earmark 
     included in any classified portion of a report accompanying 
     the measure unless the bill, resolution, or conference report 
     includes to the greatest extent practicable, consistent with 
     the need to protect national security (including intelligence 
     sources and methods), in unclassified language, a general 
     program description, funding level, and the name of the 
     sponsor of that earmark.''.

                          ____________________




 SENATE RESOLUTION 124--CONGRATULATING THE EUROPEAN UNION ON THE 50TH 
ANNIVERSARY OF THE SIGNING OF THE TREATY OF ROME CREATING THE EUROPEAN 
     ECONOMIC COMMUNITY AMONG 6 EUROPEAN COUNTRIES AND LAYING THE 
       FOUNDATIONS FOR PEACE, STABILITY, AND PROSPERITY IN EUROPE

  Mr. BIDEN submitted the following resolution; which was considered 
and agreed to:

                              S. Res. 124

       Whereas after a half century of war and upheaval, and in 
     the face of economic and political crises and the threat of 
     communism, European visionaries began a process to bring the 
     countries of Europe into closer economic and political 
     cooperation to help secure peace and prosperity for the 
     peoples of Europe;
       Whereas, on March 25, 1957, 6 European countries--the 
     Federal Republic of Germany, France, Italy, Belgium, the 
     Netherlands, and Luxembourg--signed the Treaty of Rome, 
     creating the European Economic Community;
       Whereas the Treaty of Rome established a customs union 
     between the signatory countries, but also did much more, 
     creating a framework that has broadened and deepened over 
     time into the European Union, promoting the free movement of 
     people, services, and capital, and common policies among the 
     countries in important areas, and that has helped secure the 
     spread of peace and stability in Europe;
       Whereas the European Economic Community expanded to bring 
     more European countries into closer union, with the United 
     Kingdom, Denmark, and Ireland joining in 1973, Greece joining 
     in 1981, and Spain and Portugal joining in 1986;

[[Page 7605]]

       Whereas the member countries of the European Economic 
     Community agreed to the Single European Act in 1987, paving 
     the way for a single European market, and on February 7, 
     1992, the member countries of the European Community signed 
     the Treaty of Maastricht, furthering the economic and 
     political ties among the member countries and creating the 
     European Union;
       Whereas the European Union has continued to grow so that 
     the European Union now comprises 27 countries with a 
     population of over 450,000,000, after the successful 
     unification of Germany in 1990 and the joining of Austria, 
     Finland, and Sweden in 1995, Cyprus, the Czech Republic, 
     Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, 
     and Slovenia in 2004, and Bulgaria and Romania in 2007, and 
     the European Union continues to consider expanding to include 
     other countries central to the history and future of Europe;
       Whereas the European Union has developed a broad acquis 
     communautaire covering policies in the economic, security, 
     diplomatic, and political areas, has established a single 
     market, has built an economic and monetary union, including 
     the Euro currency, and has built an area of freedom, 
     security, peace, and justice, extending stability to its 
     neighbors;
       Whereas the European Union played a key role at the end of 
     the Cold War in helping to spread free markets, democratic 
     institutions and values, and respect for human rights to the 
     former central European communist states;
       Whereas the United States and the European Union have 
     shared a unique partnership based on a common heritage, 
     shared values, and mutual interests, and have worked together 
     to strengthen international cooperation and institutions, to 
     create a more open international trading system, to ensure 
     transatlantic and global security, to preserve and promote 
     peace, freedom, and democracy, and to advance human rights; 
     and
       Whereas the United States has supported the European 
     integration process and has consistently supported the 
     objective of European unity and the enlargement of the 
     European Union to promote prosperity, peace, and democracy: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) congratulates the European Union and the member 
     countries of the European Union on the 50th anniversary of 
     the historic signing of the Treaty of Rome;
       (2) commends the European Union for the critical role it 
     and its predecessor organizations have played in spreading 
     peace, stability, and prosperity throughout Europe; and
       (3) affirms the desire of the United States to strengthen 
     the transatlantic partnership with the European Union and 
     with all of its member countries.

                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 641. Mr. BYRD proposed an amendment to the bill H.R. 
     1591, making emergency supplemental appropriations for the 
     fiscal year ending September 30, 2007, and for other 
     purposes.
       SA 642. Ms. LANDRIEU submitted an amendment intended to be 
     proposed to amendment SA 641 proposed by Mr. Byrd to the bill 
     H.R. 1591, supra; which was ordered to lie on the table.
       SA 643. Mr. COCHRAN (for himself, Mr. McCain, Mr. 
     Lieberman, Mr. Graham, Mr. Warner, Mr. Stevens, Mr. 
     Brownback, Mr. Shelby, Mr. Craig, Mr. Allard, Mr. Bennett, 
     and Mr. Enzi) proposed an amendment to amendment SA 641 
     proposed by Mr. Byrd to the bill H.R. 1591, supra.
       SA 644. Mr. REID submitted an amendment intended to be 
     proposed by him to the bill H.R. 1591, supra; which was 
     ordered to lie on the table.
       SA 645. Mr. REID submitted an amendment intended to be 
     proposed by him to the bill H.R. 1591, supra; which was 
     ordered to lie on the table.
       SA 646. Mrs. HUTCHISON submitted an amendment intended to 
     be proposed by her to the bill H.R. 1591, supra; which was 
     ordered to lie on the table.
       SA 647. Mr. SESSIONS submitted an amendment intended to be 
     proposed by him to the bill H.R. 1591, supra; which was 
     ordered to lie on the table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 641. Mr. BYRD proposed an amendment to the bill H.R. 1591, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2007, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2007, and for other purposes, namely:

                                TITLE I

            GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service


                     Public Law 480 Title II Grants

       For an additional amount for ``Public Law 480 Title II 
     Grants'', during the current fiscal year, not otherwise 
     recoverable, and unrecovered prior years' costs, including 
     interest thereon, under the Agricultural Trade Development 
     and Assistance Act of 1954, for commodities supplied in 
     connection with dispositions abroad under title II of said 
     Act, $475,000,000, to remain available until expended.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 1101. There is hereby appropriated $82,000,000 to 
     reimburse the Commodity Credit Corporation for the release of 
     eligible commodities under section 302(f)(2)(A) of the Bill 
     Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided, 
     That any such funds made available to reimburse the Commodity 
     Credit Corporation shall only be used to replenish the Bill 
     Emerson Humanitarian Trust.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                    OFFICE OF THE INSPECTOR GENERAL

       For an additional amount for ``Office of the Inspector 
     General'', $500,000, to remain available until September 30, 
     2008.

                            Legal Activities


            salaries and expenses, general legal activities

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', $4,093,000, to remain available 
     until September 30, 2008.


             Salaries and Expenses, United States Attorneys

       For an additional amount for ``Salaries and Expenses, 
     United States Attorneys'', $5,000,000, to remain available 
     until September 30, 2008.

                     United States Marshals Service


         Salaries and Expenses, United States Marshals Service

       For an additional amount for ``Salaries and Expenses, 
     United States Marshals Service'', $25,000,000, to remain 
     available until September 30, 2008.

                       National Security Division

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses,'' 
     $1,736,000, to remain available until September 30, 2008.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $348,260,000, of which $338,260,000 is to remain available 
     until September 30, 2008 and $10,000,000 is to remain 
     available until expended to implement corrective actions in 
     response to the findings and recommendations in the 
     Department of Justice Office of Inspector General report 
     entitled, ``A Review of the Federal Bureau of Investigation's 
     Use of National Security Letters''.

                    Drug Enforcement Administration


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $25,100,000, to remain available until September 30, 2008.

          Bureau of Alcohol, Tobacco, Firearms, and Explosives


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $4,000,000, to remain available until September 30, 2008.

                         Federal Prison System


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $17,000,000, to remain available until September 30, 2008.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $8,870,270,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $1,100,410,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,495,827,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,218,587,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $147,244,000.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $77,523,000.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $9,073,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $474,978,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $41,533,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $20,373,379,000.

[[Page 7606]]



                    Operation and Maintenance, Navy


                     (including transfer of funds)

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $4,865,003,000, of which $120,293,000 shall be 
     transferred to Coast Guard, ``Operating Expenses'', for 
     reimbursement for activities in support of activities 
     requested by the Navy.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,101,594,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $6,685,881,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $2,790,669,000, of which--
       (1) not to exceed $25,000,000 may be used for the Combatant 
     Commander Initiative Fund, to be used in support of Operation 
     Iraqi Freedom and Operation Enduring Freedom; and
       (2) not to exceed $200,000,000, to remain available until 
     expended, may be used for payments to reimburse Pakistan, 
     Jordan, and other key cooperating nations, for logistical, 
     military, and other support provided to United States 
     military operations, notwithstanding any other provision of 
     law: Provided, That such payments may be made in such amounts 
     as the Secretary of Defense, with the concurrence of the 
     Secretary of State, and in consultation with the Director of 
     the Office of Management and Budget, may determine, in his 
     discretion, based on documentation determined by the 
     Secretary of Defense to adequately account for the support 
     provided, and such determination is final and conclusive upon 
     the accounting officers of the United States, and 15 days 
     following notification to the appropriate congressional 
     committees: Provided further, That the Secretary of Defense 
     shall provide quarterly reports to the congressional defense 
     committees on the use of funds provided in this paragraph.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $74,049,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $111,066,000.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $13,591,000.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $10,160,000.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $83,569,000.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $38,429,000.

                    Afghanistan Security Forces Fund

       For an additional amount for ``Afghanistan Security Forces 
     Fund'', $5,906,400,000, to remain available until September 
     30, 2008.

                       Iraq Security Forces Fund

       For an additional amount for ``Iraq Security Forces Fund'', 
     $3,842,300,000, to remain available until September 30, 2008.

                           Iraq Freedom Fund


                     (including transfer of funds)

       For an additional amount for ``Iraq Freedom Fund'', 
     $455,600,000, to remain available for transfer until 
     September 30, 2008.

             Joint Improvised Explosive Device Defeat Fund

       For an additional amount for ``Joint Improvised Explosive 
     Device Defeat Fund'', $2,432,800,000, to remain available 
     until September 30, 2009.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $619,750,000, to remain available until September 30, 
     2009.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $111,473,000, to remain available until September 30, 2009.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $3,400,315,000, to remain 
     available until September 30, 2009.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $681,500,000, to remain available until September 30, 
     2009.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $10,589,272,000, to remain available until September 30, 
     2009.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $963,903,000, to remain available until September 30, 
     2009.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $163,813,000, to remain available until September 30, 2009.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $159,833,000, to remain available 
     until September 30, 2009.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $722,506,000, to remain available until September 30, 2009.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $1,703,389,000, to remain available until September 30, 2009.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $1,431,756,000, to remain available until September 
     30, 2009.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $78,900,000, to remain available until September 30, 
     2009.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $6,000,000, to remain available until September 
     30, 2009.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,972,131,000, to remain available until September 
     30, 2009.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $903,092,000, to remain available until September 30, 2009.

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $1,000,000,000, to remain available until 
     September 30, 2009.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $125,576,000, to remain available 
     until September 30, 2008.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $308,212,000, to remain available 
     until September 30, 2008.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $233,869,000, to remain 
     available until September 30, 2008.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $522,804,000, to remain 
     available until September 30, 2008.

                     REVOLVING AND MANAGEMENT FUNDS

                     National Defense Sealift Fund

       For an additional amount for ``National Defense Sealift 
     Fund'', $5,000,000.

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $1,315,526,000.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $2,466,847,000; of which $2,277,147,000 shall be for 
     operation and maintenance; of which $118,000,000, to remain 
     available for obligation until September 30, 2009, shall be 
     for Procurement; and of which $71,700,000, to remain 
     available for obligation until September 30, 2008, shall be 
     for Research, development, test and evaluation.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $254,665,000, to remain 
     available until expended: Provided, That these funds may be 
     used only for such activities related to Afghanistan and 
     Central Asia: Provided further, That the Secretary of Defense 
     may transfer such funds only to appropriations for military 
     personnel; operation and maintenance; procurement; and 
     research, development, test and evaluation: Provided further, 
     That the funds transferred shall be merged with and be 
     available for the same purposes and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the transfer authority provided in this paragraph is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That upon a 
     determination that all or part of the funds transferred from 
     this appropriation are not necessary for the purposes 
     provided herein, such

[[Page 7607]]

     amounts may be transferred back to this appropriation.

                             RELATED AGENCY

               Intelligence Community Management Account

       For an additional amount for ``Intelligence Community 
     Management Account'', $71,726,000.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1301. Appropriations provided in this chapter are 
     available for obligation until September 30, 2007, unless 
     otherwise provided in this chapter.


                          (transfer of funds)

       Sec. 1302. Upon his determination that such action is 
     necessary in the national interest, the Secretary of Defense 
     may transfer between appropriations up to $3,500,000,000 of 
     the funds made available to the Department of Defense in this 
     title: Provided, That the Secretary shall notify the Congress 
     promptly of each transfer made pursuant to the authority in 
     this section: Provided further, That the authority provided 
     in this section is in addition to any other transfer 
     authority available to the Department of Defense and is 
     subject to the same terms and conditions as the authority 
     provided in section 8005 of the Department of Defense 
     Appropriations Act, 2007 (Public Law 109-289; 120 Stat. 
     1257), except for the fourth proviso: Provided further, That 
     funds previously transferred to the ``Joint Improvised 
     Explosive Device Defeat Fund'' and the ``Iraq Security Forces 
     Fund'' under the authority of section 8005 of Public Law 109-
     289 and transferred back to their source appropriations 
     accounts shall not be taken into account for purposes of the 
     limitation on the amount of funds that may be transferred 
     under section 8005.
       Sec. 1303. Funds appropriated in this chapter, or made 
     available by the transfer of funds in or pursuant to this 
     chapter, for intelligence activities are deemed to be 
     specifically authorized by the Congress for purposes of 
     section 504(a)(1) of the National Security Act of 1947 (50 
     U.S.C. 414(a)(1)).
       Sec. 1304. None of the funds provided in this chapter may 
     be used to finance programs or activities denied by Congress 
     in fiscal years 2006 or 2007 appropriations to the Department 
     of Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.
       Sec. 1305. During fiscal year 2007, the Secretary of 
     Defense may transfer not to exceed $6,300,000 of the amounts 
     in or credited to the Defense Cooperation Account, pursuant 
     to 10 U.S.C. 2608, to such appropriations or funds of the 
     Department of Defense as he shall determine for use 
     consistent with the purposes for which such funds were 
     contributed and accepted: Provided, That such amounts shall 
     be available for the same time period as the appropriation to 
     which transferred: Provided further, That the Secretary shall 
     report to the Congress all transfers made pursuant to this 
     authority.
       Sec. 1306. (a) Authority To Provide Support.--Of the amount 
     appropriated by this title under the heading, ``Drug 
     Interdiction and Counter-Drug Activities, Defense'', not to 
     exceed $60,000,000 may be used for support for counter-drug 
     activities of the Governments of Afghanistan, Kazakhstan, and 
     Pakistan: Provided, That such support shall be in addition to 
     support provided for the counter-drug activities of such 
     Governments under any other provision of the law.
       (b) Types of Support.--
       (1) Except as specified in subsection (b)(2) of this 
     section, the support that may be provided under the authority 
     in this section shall be limited to the types of support 
     specified in section 1033(c)(1) of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85, as 
     amended by Public Laws 106-398, 108-136, and 109-364) and 
     conditions on the provision of support as contained in 
     section 1033 shall apply for fiscal year 2007.
       (2) The Secretary of Defense may transfer vehicles, 
     aircraft, and detection, interception, monitoring and testing 
     equipment to said Governments for counter-drug activities.
       Sec. 1307. (a) From funds made available for operations and 
     maintenance in this title to the Department of Defense, not 
     to exceed $456,400,000 may be used, notwithstanding any other 
     provision of law, to fund the Commander's Emergency Response 
     Program, for the purpose of enabling military commanders in 
     Iraq and Afghanistan to respond to urgent humanitarian relief 
     and reconstruction requirements within their areas of 
     responsibility by carrying out programs that will immediately 
     assist the Iraqi and Afghan people.
       (b) Quarterly Reports.--Not later than 15 days after the 
     end of each fiscal year quarter, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     regarding the source of funds and the allocation and use of 
     funds during that quarter that were made available pursuant 
     to the authority provided in this section or under any other 
     provision of law for the purposes of the programs under 
     subsection (a).
       Sec. 1308. During fiscal year 2007, supervision and 
     administration costs associated with projects carried out 
     with funds appropriated to ``Afghanistan Security Forces 
     Fund'' or ``Iraq Security Forces Fund'' in this chapter may 
     be obligated at the time a construction contract is awarded: 
     Provided, That for the purpose of this section, supervision 
     and administration costs include all in-house Government 
     costs.
       Sec. 1309. Section 1005(c)(2) of the National Defense 
     Authorization Act, Fiscal Year 2007 (Public Law 109-364) is 
     amended by striking ``$310,277,000'' and inserting 
     ``$376,446,000''.
       Sec. 1310. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
       Sec. 1311. None of the funds made available in this Act may 
     be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code;
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations; and
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 1312. Section 9007 of Public Law 109-289 is amended by 
     striking ``20'' and inserting ``287''.
       Sec. 1313. Inspection of Military Medical Treatment 
     Facilities, Military Quarters Housing Medical Hold Personnel, 
     and Military Quarters Housing Medical Holdover Personnel. (a) 
     Periodic Inspection Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of Defense shall inspect each facility of the 
     Department of Defense as follows:
       (A) Each military medical treatment facility.
       (B) Each military quarters housing medical hold personnel.
       (C) Each military quarters housing medical holdover 
     personnel.
       (2) Purpose.--The purpose of an inspection under this 
     subsection is to ensure that the facility or quarters 
     concerned meets acceptable standards for the maintenance and 
     operation of medical facilities, quarters housing medical 
     hold personnel, or quarters housing medical holdover 
     personnel, as applicable.
       (b) Acceptable Standards.--For purposes of this section, 
     acceptable standards for the operation and maintenance of 
     military medical treatment facilities, military quarters 
     housing medical hold personnel, or military quarters housing 
     medical holdover personnel are each of the following:
       (1) Generally accepted standards for the accreditation of 
     non-military medical facilities, or for facilities used to 
     quarter individuals with medical conditions that may require 
     medical supervision, as applicable, in the United States.
       (2) Standards under the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12101 et seq.).
       (c) Additional Inspections on Identified Deficiencies.--
       (1) In general.--In the event a deficiency is identified 
     pursuant to subsection (a) at a facility or quarters 
     described in paragraph (1) of that subsection--
       (A) the commander of such facility or quarters, as 
     applicable, shall submit to the Secretary a detailed plan to 
     correct the deficiency; and
       (B) the Secretary shall reinspect such facility or 
     quarters, as applicable, not less often than once every 180 
     days until the deficiency is corrected.
       (2) Construction with other inspections.--An inspection of 
     a facility or quarters under this subsection is in addition 
     to any inspection of such facility or quarters under 
     subsection (a).
       (d) Reports on Inspections.--A complete copy of the report 
     on each inspection conducted under subsections (a) and (c) 
     shall be submitted in unclassified form to the applicable 
     military medical command and to the congressional defense 
     committees.
       (e) Report on Standards.--In the event no standards for the 
     maintenance and operation of military medical treatment 
     facilities, military quarters housing medical hold personnel, 
     or military quarters housing medical holdover personnel exist 
     as of the date of the enactment of this Act, or such 
     standards as do exist do not meet acceptable standards for 
     the maintenance and operation of such facilities or quarters, 
     as the case may be, the Secretary shall, not later than 30 
     days after that date, submit to Congress a report setting 
     forth the plan of the Secretary to ensure--
       (1) the adoption by the Department of standards for the 
     maintenance and operation

[[Page 7608]]

     of military medical facilities, military quarters housing 
     medical hold personnel, or military quarters housing medical 
     holdover personnel, as applicable, that meet--
       (A) acceptable standards for the maintenance and operation 
     of such facilities or quarters, as the case may be; and
       (B) standards under the Americans with Disabilities Act of 
     1990; and
       (2) the comprehensive implementation of the standards 
     adopted under paragraph (1) at the earliest date practicable.
       Sec. 1314. From funds made available for the ``Iraq 
     Security Forces Fund'' for fiscal year 2007, up to 
     $155,500,000 may be used, notwithstanding any other provision 
     of law, to provide assistance, with the concurrence of the 
     Secretary of State, to the Government of Iraq to support the 
     disarmament, demobilization, and reintegration of militias 
     and illegal armed groups.
       Sec. 1315. Revision of United States Policy on Iraq. (a) 
     Findings.--Congress makes the following findings:
       (1) Congress and the American people will continue to 
     support and protect the members of the United States Armed 
     Forces who are serving or have served bravely and honorably 
     in Iraq.
       (2) The circumstances referred to in the Authorization for 
     Use of Military Force Against Iraq Resolution of 2002 (Public 
     Law 107-243) have changed substantially.
       (3) United States troops should not be policing a civil 
     war, and the current conflict in Iraq requires principally a 
     political solution.
       (4) United States policy on Iraq must change to emphasize 
     the need for a political solution by Iraqi leaders in order 
     to maximize the chances of success and to more effectively 
     fight the war on terror.
       (b) Prompt Commencement of Phased Redeployment of United 
     States Forces From Iraq.--
       (1) Transition of mission.--The President shall promptly 
     transition the mission of United States forces in Iraq to the 
     limited purposes set forth in paragraph (2).
       (2) Commencement of phased redeployment from iraq.--The 
     President shall commence the phased redeployment of United 
     States forces from Iraq not later than 120 days after the 
     date of the enactment of this Act, with the goal of 
     redeploying, by March 31, 2008, all United States combat 
     forces from Iraq except for a limited number that are 
     essential for the following purposes:
       (A) Protecting United States and coalition personnel and 
     infrastructure.
       (B) Training and equipping Iraqi forces.
       (C) Conducting targeted counter-terrorism operations.
       (3) Comprehensive strategy.--Paragraph (2) shall be 
     implemented as part of a comprehensive diplomatic, political, 
     and economic strategy that includes sustained engagement with 
     Iraq's neighbors and the international community for the 
     purpose of working collectively to bring stability to Iraq.
       (4) Reports required.--Not later than 60 days after the 
     date of the enactment of this Act, and every 90 days 
     thereafter, the President shall submit to Congress a report 
     on the progress made in transitioning the mission of the 
     United States forces in Iraq and implementing the phased 
     redeployment of United States forces from Iraq as required 
     under this subsection, as well as a classified campaign plan 
     for Iraq, including strategic and operational benchmarks and 
     projected redeployment dates of United States forces from 
     Iraq.
       (c) Benchmarks for the Government of Iraq.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) achieving success in Iraq is dependent on the 
     Government of Iraq meeting specific benchmarks, as reflected 
     in previous commitments made by the Government of Iraq, 
     including--
       (i) deploying trained and ready Iraqi security forces in 
     Baghdad;
       (ii) strengthening the authority of Iraqi commanders to 
     make tactical and operational decisions without political 
     intervention;
       (iii) disarming militias and ensuring that Iraqi security 
     forces are accountable only to the central government and 
     loyal to the constitution of Iraq;
       (iv) enacting and implementing legislation to ensure that 
     the energy resources of Iraq benefit all Iraqi citizens in an 
     equitable manner;
       (v) enacting and implementing legislation that equitably 
     reforms the de-Ba'athification process in Iraq;
       (vi) ensuring a fair process for amending the constitution 
     of Iraq so as to protect minority rights; and
       (vii) enacting and implementing rules to equitably protect 
     the rights of minority political parties in the Iraqi 
     Parliament; and
       (B) each benchmark set forth in subparagraph (A) should be 
     completed expeditiously and pursuant to a schedule 
     established by the Government of Iraq.
       (2) Report.--Not later than 30 days after the date of the 
     enactment of this Act, and every 60 days thereafter, the 
     Commander, Multi-National Forces-Iraq shall submit to 
     Congress a report describing and assessing in detail the 
     current progress being made by the Government of Iraq in 
     meeting the benchmarks set forth in paragraph (1)(A).

                               CHAPTER 4

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                    Defense Nuclear Nonproliferation

       For an additional amount for ``Defense Nuclear 
     Nonproliferation'', $63,000,000.

                               CHAPTER 5

                    DEPARTMENT OF HOMELAND SECURITY

              United States Customs and Border Protection


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $140,000,000, to remain available until September 30, 2008.


 Air and Marine Interdiction, Operations, Maintenance, and Procurement

       For an additional amount for ``Air and Marine Interdiction, 
     Operations, Maintenance, and Procurement'', for air and 
     marine operations on the Northern Border and the Great Lakes, 
     including the final Northern Border air wing, $75,000,000, to 
     remain available until September 30, 2008.

                  Immigration and Customs Enforcement


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $20,000,000, to remain available until September 30, 2008.

                 Transportation Security Administration


                           Aviation Security

       For an additional amount for ``Aviation Security'', 
     $660,000,000; of which $600,000,000 shall be for procurement 
     and installation of checked baggage explosives detection 
     systems, to remain available until expended; and $60,000,000 
     shall be for air cargo security, to remain available until 
     September 30, 2008.


                          Federal Air Marshals

       For an additional amount for ``Federal Air Marshals'', 
     $15,000,000, to remain available until September 30, 2008.

                              Preparedness

                     management and administration

       For an additional amount for ``Office of the Chief Medical 
     Officer'' for nuclear preparedness and other activities, 
     $18,000,000, to remain available until September 30, 2008.


           Infrastructure Protection and Information Security

       For an additional amount for ``Infrastructure Protection 
     and Information Security'' for chemical site security 
     activities, $18,000,000, to remain available until September 
     30, 2008.

                  Federal Emergency Management Agency


                 Administrative and Regional Operations

       For an additional amount for ``Administrative and Regional 
     Operations'' for necessary expenses related to title V of the 
     Homeland Security Act of 2002 (6 U.S.C. 101 et seq. (as 
     amended by section 611 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 701 note; Public Law 
     109-295))), $20,000,000, to remain available until September 
     30, 2008: Provided, That none of the funds available under 
     this heading may be obligated until the Committees on 
     Appropriations of the Senate and the House of Representatives 
     receive and approve a plan for expenditure.


                        State and Local Programs

       For an additional amount for ``State and Local Programs'', 
     $850,000,000; of which $190,000,000 shall be for port 
     security pursuant to section 70107(l) of title 46 United 
     States Code; $625,000,000 shall be for intercity rail 
     passenger transportation, freight rail, and transit security 
     grants; and $35,000,000 shall be for regional grants and 
     technical assistance to high risk urban areas for 
     catastrophic event planning and preparedness: Provided, That 
     none of the funds made available under this heading may be 
     obligated for such regional grants and technical assistance 
     until the Committees on Appropriations of the Senate and the 
     House of Representatives receive and approve a plan for 
     expenditure: Provided further, That funds for such regional 
     grants and technical assistance shall remain available until 
     September 30, 2008.


                Emergency Management Performance Grants

       For an additional amount for ``Emergency Management 
     Performance Grants'' for necessary expenses related to the 
     Nationwide Plan Review, $100,000,000.

           United States Citizenship and Immigration Services

       For an additional amount for expenses of ``United States 
     Citizenship and Immigration Services'' to address backlogs of 
     security checks associated with pending applications and 
     petitions, $30,000,000, to remain available until September 
     30, 2008: Provided, That none of the funds made available 
     under this heading shall be available for obligation until 
     the Secretary of Homeland Security, in consultation with the 
     United States Attorney General, submits to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a plan to eliminate the backlog of security checks that 
     establishes information sharing protocols to ensure United 
     States Citizenship and Immigration Services has the 
     information it needs to carry out its mission.

[[Page 7609]]



                         Science and Technology


           Research, Development, Acquisition, and Operations

       For an additional amount for ``Research, Development, 
     Acquisition, and Operations'' for air cargo research, 
     $15,000,000, to remain available until expended.

                   Domestic Nuclear Detection Office


                 Research, Development, and Operations

       For an additional amount for ``Research, Development, and 
     Operations'' for non-container, rail, aviation and intermodal 
     radiation detection activities, $39,000,000, to remain 
     available until expended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 1501. None of the funds provided in this Act, or 
     Public Law 109-295, shall be available to carry out section 
     872 of Public Law 107-296.
       Sec. 1502. Section 550 of the Department of Homeland 
     Security Appropriations Act, 2007 (6 U.S.C. 121 note) is 
     amended by adding at the end the following:
       ``(h) This section shall not preclude or deny any right of 
     any State or political subdivision thereof to adopt or 
     enforce any regulation, requirement, or standard of 
     performance with respect to chemical facility security that 
     is more stringent than a regulation, requirement, or standard 
     of performance issued under this section, or otherwise impair 
     any right or jurisdiction of any State with respect to 
     chemical facilities within that State, unless there is an 
     actual conflict between this section and the law of that 
     State.''.

                               CHAPTER 6

                         MILITARY CONSTRUCTION

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $1,261,390,000, to remain available until September 
     30, 2008: Provided, That such funds may be obligated and 
     expended to carry out planning and design and military 
     construction projects not otherwise authorized by law: 
     Provided further, That of the funds provided under this 
     heading, $280,300,000 shall not be obligated or expended 
     until the Secretary of Defense certifies that none of the 
     funds are to be used for the purpose of providing facilities 
     for the permanent basing of U.S. military personnel in Iraq.

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $347,890,000, to remain available until 
     September 30, 2008: Provided, That such funds may be 
     obligated and expended to carry out planning and design and 
     military construction projects not otherwise authorized by 
     law.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $34,700,000, to remain available until September 30, 
     2008: Provided, That such funds may be obligated and expended 
     to carry out planning and design and military construction 
     projects not otherwise authorized by law.

                               CHAPTER 7

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $815,796,000, to remain available until September 
     30, 2008, of which $70,000,000 for World Wide Security 
     Upgrades is available until expended: Provided, That of the 
     funds appropriated under this heading, not more than 
     $20,000,000 shall be made available for public diplomacy 
     programs: Provided further, That prior to the obligation of 
     funds pursuant to the previous proviso, the Secretary of 
     State shall submit a report to the Committees on 
     Appropriations describing a comprehensive public diplomacy 
     strategy, with goals and expected results, for fiscal years 
     2007 and 2008: Provided further, That within 15 days of 
     enactment of this Act, the Office of Management and Budget 
     shall apportion $15,000,000 from amounts appropriated or 
     otherwise made available by chapter 8 of title II of division 
     B of Public Law 109-148 under the heading ``Emergencies in 
     the Diplomatic and Consular Service'' for emergency 
     evacuations: Provided further, That of the amount made 
     available under this heading for Iraq, not to exceed 
     $20,000,000 may be transferred to, and merged with, funds in 
     the ``Emergencies in the Diplomatic and Consular Service'' 
     appropriations account, to be available only for emergency 
     evacuations and terrorism rewards.


                      Office of Inspector General

       For an additional amount for ``Office of Inspector 
     General'', $36,500,000, to remain available until December 
     31, 2008: Provided, That of the funds appropriated under this 
     heading, not less than $1,500,000 shall be made available for 
     activities related to oversight of assistance furnished for 
     Iraq and Afghanistan with funds appropriated in this Act and 
     in prior appropriations Acts: Provided further, That 
     $35,000,000 of these funds shall be transferred to the 
     Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight.


               Educational and Cultural Exchange Programs

       For an additional amount for ``Educational and Cultural 
     Exchange Programs'', $25,000,000, to remain available until 
     expended.

                      International Organizations


              Contributions to International Organizations

       For an additional amount for ``Contributions to 
     International Organizations'', $59,000,000, to remain 
     available until September 30, 2008.


        Contributions for International Peacekeeping Activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $200,000,000, to 
     remain available until September 30, 2008.

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 International Broadcasting Operations

       For an additional amount for ``International Broadcasting 
     Operations'' for activities related to broadcasting to the 
     Middle East, $10,000,000, to remain available until September 
     30, 2008.

                           FOREIGN OPERATIONS

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           United States Agency for International Development


                Child Survival and Health Programs Fund

       For an additional amount for ``Child Survival and Health 
     Programs Fund'', $161,000,000, to remain available until 
     September 30, 2008: Provided, That notwithstanding any other 
     provision of law, funds made available under the heading 
     ``Millennium Challenge Corporation'' and ``Global HIV/AIDS 
     Initiative'' in prior Acts making appropriations for foreign 
     operations, export financing and related programs may be made 
     available to combat the avian influenza, subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


              International Disaster and Famine Assistance

       For an additional amount for ``International Disaster and 
     Famine Assistance'', $187,000,000, to remain available until 
     expended: Provided, That of the funds appropriated under this 
     heading, not less than $65,000,000 shall be made available 
     for assistance for internally displaced persons in Iraq, not 
     less than $18,000,000 shall be made available for emergency 
     shelter, fuel and other assistance for internally displaced 
     persons in Afghanistan, not less than $10,000,000 shall be 
     made available for assistance for northern Uganda, not less 
     than $10,000,000 shall be made available for assistance for 
     eastern Democratic Republic of the Congo, and not less than 
     $10,000,000 shall be made available for assistance for Chad.


   Operating Expenses of the United States Agency for International 
                              Development

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development'', 
     $5,700,000, to remain available until September 30, 2008.


   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                DEVELOPMENT OFFICE OF INSPECTOR GENERAL

       For an additional amount for ``Operating Expenses of the 
     United States Agency for International Development Office of 
     Inspector General'', $4,000,000, to remain available until 
     September 30, 2008: Provided, That of the funds appropriated 
     under this heading, not less than $3,000,000 shall be made 
     available for activities related to oversight of assistance 
     furnished for Iraq with funds appropriated in this Act and in 
     prior appropriations Acts, and not less than $1,000,000 shall 
     be made available for activities related to oversight of 
     assistance furnished for Afghanistan with funds appropriated 
     in this Act and in prior appropriations Acts.

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund

       For an additional amount for ``Economic Support Fund'', 
     $2,602,200,000, to remain available until September 30, 2008: 
     Provided, That of the funds appropriated under this heading 
     that are available for assistance for Iraq, not less than 
     $100,000,000 shall be made available to the United States 
     Agency for International Development for continued support 
     for its Community Action Program in Iraq, of which not less 
     than $5,000,000 shall be made available for the fund 
     established by section 2108 of Public Law 109-13: Provided 
     further, That of the funds appropriated under this heading 
     that are available for assistance for Afghanistan, not less 
     than $10,000,000 shall be made available to the United States 
     Agency for International Development for continued support 
     for its Afghan Civilian Assistance Program: Provided further, 
     That of the funds appropriated under this heading, not less 
     than $6,000,000 shall be made available for assistance for 
     elections, reintegration of ex-combatants, and other 
     assistance to support the peace process in Nepal: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $3,200,000

[[Page 7610]]

     shall be made available, notwithstanding any other provision 
     of law, for assistance for Vietnam for environmental 
     remediation of dioxin storage sites and to support health 
     programs in communities near those sites: Provided further, 
     That funds made available pursuant to the previous proviso 
     should be matched, to the maximum extent possible, with 
     contributions from other governments, multilateral 
     organizations, and private sources: Provided further, That of 
     the funds made available under this heading, not less than 
     $6,000,000 shall be made available for typhoon reconstruction 
     assistance for the Philippines: Provided further, That of the 
     funds made available under this heading, not less than 
     $110,000,000 shall be made available for assistance for 
     Pakistan, of which not less than $5,000,000 shall be made 
     available for political party development and election 
     monitoring activities: Provided further, That of the funds 
     appropriated under this heading, not less than $2,000,000 
     shall be made available to support the peace process in 
     northern Uganda: Provided further, That of the funds made 
     available under the heading ``Economic Support Fund'' in 
     Public Law 109-234 for Iraq to promote democracy, rule of law 
     and reconciliation, $2,000,000 should be made available for 
     the United States Institute of Peace for programs and 
     activities in Afghanistan to remain available until September 
     30, 2008.

                          DEPARTMENT OF STATE

          Assistance for Eastern Europe and the Baltic States

       For an additional amount for ``Assistance for Eastern 
     Europe and the Baltic States'', $214,000,000, to remain 
     available until September 30, 2008, for assistance for 
     Kosovo.

                             Democracy Fund

       For an additional amount for ``Democracy Fund'', 
     $465,000,000, to remain available until September 30, 2008: 
     Provided, That of the funds appropriated under this heading, 
     not less than $385,000,000 shall be made available for the 
     Human Rights and Democracy Fund of the Bureau of Democracy, 
     Human Rights and Labor, Department of State, for democracy, 
     human rights, and rule of law programs in Iraq: Provided 
     further, That prior to the initial obligation of funds made 
     available under this heading for Iraq for the Political 
     Participation Fund or the National Institutions Fund, the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations describing a comprehensive, long-term 
     strategy, with goals and expected results, for strengthening 
     and advancing democracy in Iraq: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $5,000,000 shall be made available for media and 
     reconciliation programs in Somalia.

          International Narcotics Control and Law Enforcement


                    (including rescission of funds)

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $210,000,000, to remain 
     available until September 30, 2008.
       Of the amounts made available for procurement of a maritime 
     patrol aircraft for the Colombian Navy under this heading in 
     Public Law 109-234, $13,000,000 are rescinded.

                    Migration and Refugee Assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $143,000,000, to remain available until 
     September 30, 2008: Provided, That of the funds appropriated 
     under this heading, not less than $65,000,000 shall be made 
     available for assistance for Iraqi refugees including not 
     less than $5,000,000 to rescue Iraqi scholars, and not less 
     than $18,000,000 shall be made available for assistance for 
     Afghan refugees.

     United States Emergency Refugee and Migration Assistance Fund

       For an additional amount for ``United States Emergency 
     Refugee and Migration Assistance Fund'', $55,000,000, to 
     remain available until expended.

    Nonproliferation, Anti-terrorism, Demining and Related Programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $27,500,000, to 
     remain available until September 30, 2008.

                       DEPARTMENT OF THE TREASURY

           International Affairs Technical Assistance Program

       For an additional amount for ``International Affairs 
     Technical Assistance'', $2,750,000, to remain available until 
     September 30, 2008.

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

       For an additional amount for ``Foreign Military Financing 
     Program'', $220,000,000, to remain available until September 
     30, 2008, for assistance for Lebanon.

                        Peacekeeping Operations


                     (including transfer of funds)

       For an additional amount for ``Peacekeeping Operations'', 
     $323,000,000, to remain available until September 30, 2008, 
     of which up to $128,000,000 may be transferred, subject to 
     the regular notification procedures of the Committees on 
     Appropriations, to ``Contributions to International 
     Peacekeeping Activities'', to be made available, 
     notwithstanding any other provision of law, for assessed 
     costs of United Nations Peacekeeping Missions: Provided, That 
     of the funds appropriated under this heading, not less than 
     $45,000,000 shall be made available, notwithstanding section 
     660 of the Foreign Assistance Act of 1961, for assistance for 
     Liberia for security sector reform.

                    GENERAL PROVISIONS--THIS CHAPTER


                         authorization of funds

       Sec. 1701. Funds appropriated by this title may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 
     504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
     414(a)(1)).


                   extension of availability of funds

       Sec. 1702. Section 1302(a) of Public Law 109-234 is amended 
     by striking ``one additional year'' and inserting in lieu 
     thereof ``two additional years''.


                    EXTENSION OF OVERSIGHT AUTHORITY

       Sec. 1703. Section 3001(o)(1)(B) 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; 120 Stat. 2397) and section 2 of 
     the Iraq Reconstruction Accountability Act of 2006 (Public 
     Law 109-440), is amended by inserting ``or fiscal year 2007'' 
     after ``fiscal year 2006''.


                           DEBT RESTRUCTURING

       Sec. 1704. Amounts appropriated for fiscal year 2007 for 
     ``Bilateral Economic Assistance--Department of the Treasury--
     Debt Restructuring'' may be used to assist Liberia in 
     retiring its debt arrearages to the International Monetary 
     Fund, the International Bank for Reconstruction and 
     Development, and the African Development Bank.


                                 JORDAN

                     (Including Transfer of Funds)

       Sec. 1705. Of the funds appropriated by this Act for 
     assistance for Iraq under the heading ``Economic Support 
     Fund'' that are available to support Provincial 
     Reconstruction Team activities, up to $100,000,000 may be 
     transferred to, and merged with, funds appropriated by this 
     Act under the headings ``Foreign Military Financing Program'' 
     and ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'' for assistance for Jordan: Provided, That funds 
     transferred pursuant to this section shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


                                LEBANON

       Sec. 1706. Prior to the initial obligation of funds made 
     available in this Act for assistance for Lebanon under the 
     headings ``Foreign Military Financing Program'' and 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'', the Secretary of State shall certify to the 
     Committees on Appropriations that all practicable efforts 
     have been made to ensure that such assistance is not provided 
     to or through any individual, or private or government 
     entity, that advocates, plans, sponsors, engages in, or has 
     engaged in, terrorist activity: Provided, That this section 
     shall be effective notwithstanding section 534(a) of Public 
     Law 109-102, which is made applicable to funds appropriated 
     for fiscal year 2007 by the Continuing Appropriations 
     Resolution, 2007, as amended.


                    HUMAN RIGHTS AND DEMOCRACY FUND

       Sec. 1707. The Assistant Secretary of State for Democracy, 
     Human Rights and Labor shall be responsible for all policy, 
     funding, and programming decisions regarding funds made 
     available under this Act and prior Acts making appropriations 
     for foreign operations, export financing and related programs 
     for the Human Rights and Democracy Fund of the Bureau of 
     Democracy, Human Rights and Labor.


          INSPECTOR GENERAL OVERSIGHT OF IRAQ AND AFGHANISTAN

       Sec. 1708. (a) In General.--Subject to paragraph (2), the 
     Inspector General of the Department of State and the 
     Broadcasting Board of Governors (referred to in this section 
     as the ``Inspector General'') may use personal services 
     contracts to engage citizens of the United States to 
     facilitate and support the Office of the Inspector General's 
     oversight of programs and operations related to Iraq and 
     Afghanistan. Individuals engaged by contract to perform such 
     services shall not, by virtue of such contract, be considered 
     to be employees of the United States Government for purposes 
     of any law administered by the Office of Personnel 
     Management. The Secretary of State may determine the 
     applicability to such individuals of any law administered by 
     the Secretary concerning the performance of such services by 
     such individuals.
       (b) Conditions.--The authority under paragraph (1) is 
     subject to the following conditions:
       (1) The Inspector General determines that existing 
     personnel resources are insufficient.

[[Page 7611]]

       (2) The contract length for a personal services contractor, 
     including options, may not exceed 1 year, unless the 
     Inspector General makes a finding that exceptional 
     circumstances justify an extension of up to 2 additional 
     years.
       (3) Not more than 20 individuals may be employed at any 
     time as personal services contractors under the program.
       (c) Termination of Authority.--The authority to award 
     personal services contracts under this section shall 
     terminate on December 31, 2008. A contract entered into prior 
     to the termination date under this paragraph may remain in 
     effect until not later than December 31, 2009.
       (d) Other Authorities Not Affected.--The authority under 
     this section is in addition to any other authority of the 
     Inspector General to hire personal services contractors.


                             FUNDING TABLES

       Sec. 1709. (a) Funds provided in this Act for the following 
     accounts shall be made available for programs and countries 
     in the amounts contained in the respective tables included in 
     the report accompanying this Act:
       ``Diplomatic and Consular Programs''.
       ``Educational and Cultural Exchange Programs''.
       ``International Disaster and Famine Assistance''.
       ``Economic Support Fund''.
       ``Assistance for Eastern Europe and Baltic States''.
       ``Democracy Fund''.
       ``Migration and Refugee Assistance''.
       ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs''.
       ``Peacekeeping Operations''.
       (b) Any proposed increases or decreases to the amounts 
     contained in the tables in the accompanying report shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations and section 634A of the Foreign 
     Assistance Act of 1961.


       BENCHMARKS FOR CERTAIN RECONSTRUCTION ASSISTANCE FOR IRAQ

       Sec. 1710. (a) Benchmarks.--Notwithstanding any other 
     provision of law, fifty percent of the funds appropriated by 
     this Act for assistance for Iraq under the headings 
     ``Economic Support Fund'' and ``International Narcotics and 
     Law Enforcement'' shall be withheld from obligation until the 
     President certifies to the Committees on Appropriations and 
     Foreign Relations of the Senate and the Committees on 
     Appropriations and Foreign Affairs of the House of 
     Representatives that the Government of Iraq has--
       (1) enacted a broadly accepted hydro-carbon law that 
     equitably shares oil revenues among all Iraqis;
       (2) adopted legislation necessary for the conduct of 
     provincial and local elections, taken steps to implement such 
     legislation, and set a schedule to conduct provincial and 
     local elections;
       (3) reformed current laws governing the de-Baathification 
     process to allow for more equitable treatment of individuals 
     affected by such laws;
       (4) amended the Constitution of Iraq consistent with the 
     principles contained in Article 137 of such constitution; and
       (5) allocated and begun expenditure of $10,000,000,000 in 
     Iraqi revenues for reconstruction projects, including 
     delivery of essential services, on an equitable basis.
       (b) Exemptions.--The requirement to withhold funds from 
     obligation pursuant to subsection (a) shall not apply with 
     respect to funds made available under the heading ``Economic 
     Support Fund'' that are administered by the United States 
     Agency for International Development for continued support 
     for the Community Action Program, assistance for civilian 
     victims of the military operations, and the Community 
     Stabilization Program in Iraq, or for programs and activities 
     to promote democracy, governance, human rights, and rule of 
     law.
       (c) Report.--At the time the President certifies to the 
     Committees on Appropriations and Foreign Relations of the 
     Senate and the Committees on Appropriations and Foreign 
     Affairs of the House of Representatives that the Government 
     of Iraq has met the benchmarks described in subsection (a), 
     the President shall submit to such Committees a report that 
     contains a detailed description of the specific actions that 
     the Government of Iraq has taken to meet each of the 
     benchmarks referenced in the certification.


RELIEF FOR IRAQI, HMONG AND OTHER REFUGEES WHO DO NOT POSE A THREAT TO 
                           THE UNITED STATES

       Sec. 1711. (a) Amendment to Authority to Determine the Bar 
     to Admission Inapplicable.--Section 212(d)(3)(B)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) 
     is amended to read as follows: ``The Secretary of State, 
     after consultation with the Attorney General and the 
     Secretary of Homeland Security, or the Secretary of Homeland 
     Security, after consultation with the Secretary of State and 
     the Attorney General, may determine in such Secretary's sole 
     unreviewable discretion that subsection (a)(3)(B) shall not 
     apply with respect to an alien within the scope of that 
     subsection, or that subsection (a)(3)(B)(vi)(III) shall not 
     apply to a group. Such a determination shall neither 
     prejudice the ability of the United States Government to 
     commence criminal or civil proceedings involving a 
     beneficiary of such a determination or any other person, nor 
     create any substantive or procedural right or benefit for a 
     beneficiary of such a determination or any other person. 
     Notwithstanding any other provision of law (statutory or non-
     statutory), including but not limited to section 2241 of 
     title 28, or any other habeas corpus provision, and sections 
     1361 and 1651 of such title, no court shall have jurisdiction 
     to review such a determination or revocation except in a 
     proceeding for review of a final order of removal pursuant to 
     section 242 and only to the extent provided in section 
     242(a)(2)(D). The Secretary of State may not exercise the 
     discretion provided in this clause with respect to an alien 
     at any time during which the alien is the subject of pending 
     removal proceedings under section 1229a of title 8.''.
       (b) Automatic Relief for the Hmong and Other Groups That Do 
     Not Pose a Threat to the United States.--Section 212(a)(3)(B) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(B)) is amended--
       (1) in clause (vi) in the matter preceding section (I), by 
     striking ``As'' and inserting ``Except as provided in clause 
     (vii), as''; and
       (2) by adding at the end the following new clause:
       ``(vii) Notwithstanding clause (vi), for purposes of this 
     section the Hmong, the Montagnards, the Karen National Union/
     Karen Liberation Army (KNU/KNLA), the Chin National Front/
     Chin National Army (CNF/CNA), the Chin National League for 
     Democracy (CNLD), the Kayan New Land Party (KNLP), the Arakan 
     Liberation Party (ALP), the Mustangs, the Alzados, and the 
     Karenni National Progressive Party shall not be considered to 
     be a terrorist organization on the basis of any act or event 
     occurring before the date of enactment of this section. 
     Nothing in this subsection may be construed to alter or limit 
     the authority of the Secretary of State and Secretary of 
     Homeland Security to exercise their discretionary authority 
     pursuant to 212(d)(3)(B)(i) (8 U.S.C. 1182(d)(3)(B)(i)).''.
       (c) Duress Exception.--Section 212(a)(3)(B)(iv)(VI) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(B)(iv)(VI)) is amended by adding ``other than an 
     act carried out under duress'' after ``act'' and before 
     ``that the actor knows''.
       (d) Technical Correction.--Section 212(a)(3)(B)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) 
     is amended by striking ``Subclause (VII)'' and inserting 
     ``Subclause (IX)''.
       (e) Regulations.--Section 212(d)(3)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(d)(3)(B)) is amended by 
     adding the following subsection:
       ``(iii) Not later than 180 days after the date of enactment 
     of this Act, the Secretary of the Department of Homeland 
     Security and Secretary of State shall each publish in the 
     Federal Register regulations establishing the process by 
     which the eligibility of a refugee, asylum seeker, or 
     individual seeking to adjust his immigration status is 
     considered eligible for any of the exceptions authorized by 
     clause (i), including a timeline for issuing a 
     determination.''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this section, 
     and these amendments and sections 212(a)(3)(B) and 
     212(d)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(B) and 1182(d)(3)(B)), as amended by these 
     sections, shall apply to--
       (1) removal proceedings instituted before, on, or after the 
     date of enactment of this section; and
       (2) acts and conditions constituting a ground for 
     inadmissibility, excludability, deportation, or removal 
     occurring or existing before, on, or after such date.


               SPENDING PLAN AND NOTIFICATION PROCEDURES

       Sec. 1712. Not later than 45 days after enactment of this 
     Act the Secretary of State shall submit to the Committees on 
     Appropriations a report detailing planned expenditures for 
     funds appropriated under the headings in this chapter, except 
     for funds appropriated under the headings ``International 
     Disaster and Famine Assistance'', ``Office of the United 
     States Agency for International Development Inspector 
     General'', and ``Office of the Inspector General'': Provided, 
     That funds appropriated under the headings in this chapter, 
     except for funds appropriated under the headings named in 
     this section, shall be subject to the regular notification 
     procedures of the Committees on Appropriations.

                                TITLE II

        KATRINA RECOVERY, VETERANS' CARE AND FOR OTHER PURPOSES

                               CHAPTER 1

                    GENERAL PROVISION--THIS CHAPTER


            emergency forestry conservation reserve program

       Sec. 2101. Section 1231(k)(2) of the Food Security Act of 
     1985 (16 U.S.C. 3831(k)(2)) is amended by striking ``During 
     calendar year 2006, the'' and inserting ``The''.

[[Page 7612]]



                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                       Office of Justice Programs


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', for discretionary grants authorized 
     by subpart 2 of part E, of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968, notwithstanding the 
     provisions of section 511 of said Act, $170,000,000, to 
     remain available until September 30, 2008: Provided, That of 
     the amount made available under this heading, $70,000,000 
     shall be for local law enforcement initiatives in the gulf 
     coast region related to the aftermath of Hurricanes Katrina 
     and Rita, of which no less than $55,000,000 shall be for the 
     State of Louisiana: Provided further, That of the amount made 
     available under this heading, $100,000,000 shall be for 
     reimbursing State and local law enforcement entities for 
     security and related costs, including overtime, associated 
     with the 2008 Presidential Candidate Nominating Conventions, 
     of which $50,000,000 shall be for the city of Denver, 
     Colorado and $50,000,000 shall be for the city of St. Paul, 
     Minnesota: Provided further, That the Department of Justice 
     shall report to the Committees on Appropriations of the House 
     and the Senate on a quarterly basis on the expenditure of the 
     funds provided in the previous proviso.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  OPERATIONS, RESEARCH, AND FACILITIES

       For an additional amount for ``Operations, Research, and 
     Facilities'', for necessary expenses related to fisheries 
     disasters, $165,900,000, to remain available until September 
     30, 2008: Provided, That of the amount provided under this 
     heading, the National Marine Fisheries Service shall cause 
     $60,400,000 to be distributed among eligible recipients of 
     assistance for the commercial fishery failure designated 
     under section 312(a) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1861a(a)) and 
     declared by the Secretary of Commerce on August 10, 2006: 
     Provided further, That of the amount provided under this 
     heading, $105,500,000 shall be for necessary expenses related 
     to the consequences of Hurricanes Katrina and Rita on shrimp 
     and fishing industries.


               PROCUREMENT, ACQUISITION, AND CONSTRUCTION

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', for necessary expenses related to disaster 
     response and preparedness of the Gulf of Mexico coast, 
     $6,000,000, to remain available until September 30, 2008.


                   fisheries disaster mitigation fund

       For an additional amount for a ``Fisheries Disaster 
     Mitigation Fund'', $50,000,000, to remain available until 
     expended for use in mitigating the effects of commercial 
     fisheries failures and fishery resource disasters as 
     determined under the Magnuson Stevens Act (16 U.S.C. 1801 et 
     seq.) or the Interjurisdictional Fisheries Act (16 U.S.C. 
     4101 et seq.): Provided, That the Secretary of Commerce shall 
     obligate funds provided under this heading according to the 
     Magnuson Stevens Conservation Act, as amended, the 
     Interjurisdictional Fisheries Act, as amended, or other Acts 
     as the Secretary determines to be appropriate.

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 2201. Up to $48,000,000 of amounts made available to 
     the National Aeronautics and Space Administration in Public 
     Law 109-148 and Public Law 109-234 for emergency hurricane 
     and other natural disaster-related expenses may be used to 
     reimburse hurricane-related costs incurred by NASA in fiscal 
     year 2005.

                               CHAPTER 3

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                              CONSTRUCTION

       For an additional amount for ``Construction'' for necessary 
     expenses related to the consequences of Hurricane Katrina and 
     other hurricanes of the 2005 season, $150,000,000, to remain 
     available until expended, which may be used to continue 
     construction of projects related to interior drainage for the 
     greater New Orleans metropolitan area.


                       operation and maintenance

       For an additional amount for ``Operation and Maintenance'' 
     to dredge navigation channels related to the consequences of 
     Hurricane Katrina and other hurricanes of the 2005 season, 
     $3,000,000, to remain available until expended.


                 Flood Control and Coastal Emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', as authorized by section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), for necessary expenses 
     relating to the consequences of Hurricanes Katrina and Rita 
     and for other purposes, $1,557,700,000, to remain available 
     until expended: Provided, That $1,300,000,000 of the amount 
     provided may be used by the Secretary of the Army to carry 
     out projects and measures to provide the level of protection 
     necessary to achieve the certification required for the 100-
     year level of flood protection in accordance with the 
     national flood insurance program under the base flood 
     elevations in existence at the time of construction of the 
     enhancements for the West Bank and Vicinity and Lake 
     Ponchartrain and Vicinity, Louisiana, projects, as described 
     under the heading ``Flood Control and Coastal Emergencies'', 
     in chapter 3 of Public Law 109-148: Provided further, That 
     $150,000,000 of the amount provided may be used to support 
     emergency operations, repairs and other activities in 
     response to flood, drought and earthquake emergencies as 
     authorized by law: Provided further, That $107,700,000 of the 
     amount provided may be used to implement the projects for 
     hurricane storm damage reduction, flood damage reduction, and 
     ecosystem restoration within Hancock, Harrison, and Jackson 
     Counties, Mississippi substantially in accordance with the 
     Report of the Chief of Engineers dated December 31, 2006, and 
     entitled ``Mississippi, Coastal Improvements Program Interim 
     Report, Hancock, Harrison, and Jackson Counties, 
     Mississippi'': Provided further, That projects authorized for 
     implementation under this Chief's report shall be carried out 
     at full Federal expense, except that the non-Federal 
     interests shall be responsible for providing any lands, 
     easements, rights-of-way, disposal areas, and relocations 
     required for construction of the project and for all costs 
     associated with operation and maintenance of the project: 
     Provided further, That any project using funds appropriated 
     under this heading shall be initiated only after non-Federal 
     interests have entered into binding agreements with the 
     Secretary requiring the non-Federal interests to pay 100 
     percent of the operation, maintenance, repair, replacement, 
     and rehabilitation costs of the project and to hold and save 
     the United States free from damages due to the construction 
     or operation and maintenance of the project, except for 
     damages due to the fault or negligence of the United States 
     or its contractors.

                         DEPARTMENT OF INTERIOR

                         Bureau of Reclamation


                      WATER AND RELATED RESOURCES

       For an additional amount for ``Water and Related 
     Resources'', $18,000,000, to remain available until expended 
     for drought assistance: Provided, That drought assistance may 
     be provided under the Reclamation States Drought Emergency 
     Act or other applicable Reclamation authorities to assist 
     drought plagued areas of the West.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2301. The Secretary is authorized and directed to 
     reimburse local governments for expenses they have incurred 
     in storm-proofing pumping stations, constructing safe houses 
     for operators, and other interim flood control measures in 
     and around the New Orleans metropolitan area, provided the 
     Secretary determines those elements of work and related 
     expenses to be integral to the overall plan to ensure 
     operability of the stations during hurricanes, storms and 
     high water events and the flood control plan for the area.
       Sec. 2302. The limitation concerning total project costs in 
     section 902 of the Water Resources Development Act of 1986, 
     as amended (33 U.S.C. 2280), shall not apply during fiscal 
     year 2008 to any water resources project for which funds were 
     made available during fiscal year 2007.
       Sec. 2303. (a) The Secretary of the Army is authorized and 
     directed to utilize funds remaining available for obligation 
     from the amounts appropriated in chapter 3 of Public Law 109-
     234 under the heading ``Flood Control and Coastal 
     Emergencies'' for projects in the greater New Orleans 
     metropolitan area to prosecute these projects in a manner 
     which promotes the goal of continuing work at an optimal 
     pace, while maximizing, to the greatest extent practicable, 
     levels of protection to reduce the risk of storm damage to 
     people and property.
       (b) The expenditure of funds as provided in subsection (a) 
     may be made without regard to individual amounts or purposes 
     specified in chapter 3 of Public Law 109-234.
       (c) Any reallocation of funds that are necessary to 
     accomplish the goal established in subsection (a) are 
     authorized. Reallocation of funds in excess of $250,000,000 
     or 50 percent, whichever is less, of the individual amounts 
     specified in chapter 3 of Public Law 109-234 require 
     notifications of the House and Senate Committees on 
     Appropriation.

                               CHAPTER 4

                     SMALL BUSINESS ADMINISTRATION

                     Disaster Loans Program Account


                     (including transfer of funds)

       For an additional amount for ``Disaster Loans Program 
     Account'' for administrative expenses to carry out the 
     disaster loan program, $25,069,000, to remain available until 
     expended, which may be transferred to and merged with ``Small 
     Business Administration, Salaries and Expenses''.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2401. Economic Injury Disaster Loans. (a) 
     Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration;
       (2) the term ``covered small business concern'' means a 
     small business concern--

[[Page 7613]]

       (A) that is located in any area in Louisiana or Mississippi 
     for which the President declared a major disaster because of 
     Hurricane Katrina of 2005 or Hurricane Rita of 2005;
       (B) that has not more than 50 full-time employees; and
       (C) that--
       (i)(I) suffered a substantial economic injury as a result 
     of Hurricane Katrina of 2005 or Hurricane Rita of 2005, 
     because of a reduction in travel or tourism to the area 
     described in subparagraph (A); and
       (II) demonstrates that, during the 1-year period ending on 
     August 28, 2005, not less than 45 percent of the revenue of 
     that small business concern resulted from tourism or travel 
     related sales; or
       (ii)(I) suffered a substantial economic injury as a result 
     of Hurricane Katrina of 2005 or Hurricane Rita of 2005; and
       (II) operates in a parish or county for which the 
     population on the date of enactment of this Act, as 
     determined by the Administrator, is not greater than 75 
     percent of the population of that parish or county before 
     August 28, 2005, based on the most recent United States 
     population estimate available before August 28, 2005;
       (3) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122); and
       (4) the term ``small business concern'' has the meaning 
     given that term in section 3 of the Small Business Act (15 
     U.S.C. 632).
       (b) Appropriation.--
       (1) In general.--There are appropriated, out of any money 
     in the Treasury not otherwise appropriated, $25,000,000 to 
     the Administrator, which, except as provided in paragraph (2) 
     or (3), shall be used for loans under section 7(b)(2) of the 
     Small Business Act (15 U.S.C. 636(b)(2)) to covered small 
     business concerns.
       (2) Administrative expenses.--Of the amounts made available 
     under paragraph (1), not more than $8,750,000 may be 
     transferred to and merged with ``Salaries and Expenses'' to 
     carry out the disaster loan program of the Small Business 
     Administration.
       (3) Other uses of funds.--The Administrator may use amounts 
     made available under paragraph (1) for other purposes 
     authorized for amounts in the ``Disaster Loans Program 
     Account'' or transfer such amounts to and merge such amounts 
     with ``Salaries and Expenses'', if--
       (A) such amounts are--
       (i) not obligated on the later of 5 months after the date 
     of enactment of this Act and August 29, 2007; or
       (ii) necessary to provide assistance in the event of a 
     major disaster; and
       (B) not later than 5 days before any such use or transfer 
     of amounts, the Administrator provides written notification 
     of such use or transfer to the Committee on Appropriations of 
     the Senate and the Committee on Appropriations of the House 
     of Representatives.
       Sec. 2402. Other Programs. (a) HUBZones.--Section 3(p) of 
     the Small Business Act (15 U.S.C. 632(p)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking ``or'';
       (B) in subparagraph (E), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(F) an area in which the President has declared a major 
     disaster (as that term is defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122)) as a result of Hurricane Katrina of 
     August 2005 or Hurricane Rita of September 2005, during the 
     time period described in paragraph (8).''; and
       (2) by adding at the end the following:
       ``(8) Time period.--The time period for the purposes of 
     paragraph (1)(F)--
       ``(A) shall be the 2-year period beginning on the later of 
     the date of enactment of this paragraph and August 29, 2007; 
     and
       ``(B) may, at the discretion of the Administrator, be 
     extended to be the 3-year period beginning on the later of 
     the date of enactment of this paragraph and August 29, 
     2007.''.
       (b) Relief From Test Program.--Section 711(d) of the Small 
     Business Competitive Demonstration Program Act of 1988 (15 
     U.S.C. 644 note) is amended--
       (1) by striking ``The Program'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), the 
     Program''; and
       (2) by adding at the end the following:
       ``(2) Exception.--
       ``(A) In general.--The Program shall not apply to any 
     contract related to relief or reconstruction from Hurricane 
     Katrina of 2005 or Hurricane Rita of 2005 during the time 
     period described in subparagraph (B).
       ``(B) Time period.--The time period for the purposes of 
     subparagraph (A)--
       ``(i) shall be the 2-year period beginning on the later of 
     the date of enactment of this paragraph and August 29, 2007; 
     and
       ``(ii) may, at the discretion of the Administrator, be 
     extended to be the 3-year period beginning on the later of 
     the date of enactment of this paragraph and August 29, 
     2007.''.

                               CHAPTER 5

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency


                            Disaster Relief

       For an additional amount for ``Disaster Relief'' for 
     necessary expenses under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
     $4,310,000,000, to remain available until expended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2501. (a) In General.--Notwithstanding any other 
     provision of law, including any agreement, the Federal share 
     of assistance, including direct Federal assistance, provided 
     for the States of Louisiana, Mississippi, Alabama, and Texas 
     in connection with Hurricanes Katrina and Rita under sections 
     403, 406, 407, and 408 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 
     5173, and 5174) shall be 100 percent of the eligible costs 
     under such sections.
       (b) Applicability.--
       (1) In general.--Subject to paragraph (2), the Federal 
     share provided by subsection (a) shall apply to disaster 
     assistance applied for before the date of enactment of this 
     Act.
       (2) Limitation.--In the case of disaster assistance 
     provided under sections 403, 406, and 407 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act, the 
     Federal share provided by subsection (a) shall be limited to 
     assistance provided for projects for which applications have 
     been prepared for the Federal Emergency Management Agency 
     before the date of enactment of this Act.
       Sec. 2502. (a) Section 2(a) of the Community Disaster Loan 
     Act of 2005 (Public Law 109-88; 119 Stat. 2061) is amended by 
     striking ``: Provided further, That notwithstanding section 
     417(c)(1) of the Stafford Act, such loans may not be 
     canceled''.
       (b) Chapter 4 of title II of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 471) 
     is amended under the heading ``Disaster Assistance Direct 
     Loan Program Account'' under the heading ``Federal Emergency 
     Management Agency'' under the heading ``Department of 
     Homeland Security'', by striking ``Provided further, That 
     notwithstanding section 417(c)(1) of such Act, such loans may 
     not be canceled:''.
       Sec. 2503. Section 2401 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 460) 
     is amended by striking ``12 months'' and inserting ``24 
     months''.

                               CHAPTER 6

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                        Wildland Fire Management

                     (Including Transfer of Funds)

       For an additional amount for ``Wildland Fire Management'', 
     $100,000,000, to remain available until expended, for urgent 
     wildland fire suppression activities: Provided, That such 
     funds shall only become available if funds previously 
     provided for wildland fire suppression will be exhausted 
     imminently and the Secretary of the Interior notifies the 
     House and Senate Committees on Appropriations in writing of 
     the need for these additional funds: Provided further, That 
     such funds are also available for repayment to other 
     appropriations accounts from which funds were transferred for 
     wildfire suppression.

                United States Fish and Wildlife Service


                          Resource Management

       For an additional amount for ``Resource Management'' for 
     the detection of highly pathogenic avian influenza in wild 
     birds, including the investigation of morbidity and mortality 
     events, targeted surveillance in live wild birds, and 
     targeted surveillance in hunter-taken birds, $7,398,000, to 
     remain available until September 30, 2008.

                         National Park Service


                 Operation of the National Park System

       For an additional amount for ``Operation of the National 
     Park System'' for the detection of highly pathogenic avian 
     influenza in wild birds, including the investigation of 
     morbidity and mortality events, $525,000, to remain available 
     until September 30, 2008.


                       Historic Preservation Fund

       For an additional amount for the ``Historic Preservation 
     Fund'' for necessary expenses related to the consequences of 
     Hurricane Katrina and other hurricanes of the 2005 season, 
     $15,000,000, to remain available until September 30, 2008: 
     Provided, That the funds provided under this heading shall be 
     provided to the State Historic Preservation Officer, after 
     consultation with the National Park Service, for grants for 
     disaster relief in areas of Louisiana impacted by Hurricanes 
     Katrina or Rita: Provided further, That grants shall be for 
     the preservation, stabilization, rehabilitation, and repair 
     of historic properties listed in or eligible for the National 
     Register of Historic Places, for planning and technical 
     assistance: Provided further, That grants shall only be 
     available for areas that the President determines to be a 
     major disaster under section 102(2) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122(2)) due to Hurricanes Katrina or Rita: Provided further, 
     That individual grants shall not be subject to a non-Federal 
     matching requirement: Provided further, That no more than 5 
     percent of funds provided under this heading for disaster 
     relief grants may be used for administrative expenses.

[[Page 7614]]



                    United States Geological Survey


                 Surveys, Investigations, and Research

       For an additional amount for ``Surveys, Investigations, and 
     Research'' for the detection of highly pathogenic avian 
     influenza in wild birds, including the investigation of 
     morbidity and mortality events, targeted surveillance in live 
     wild birds, and targeted surveillance in hunter-taken birds, 
     $5,270,000, to remain available until September 30, 2008.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service


                         National Forest System

       For an additional amount for ``National Forest System'' for 
     the implementation of a nationwide initiative to increase 
     protection of national forest lands from foreign drug-
     trafficking organizations, including funding for additional 
     law enforcement personnel, training, equipment and 
     cooperative agreements, $12,000,000, to remain available 
     until expended.


                        Wildland Fire Management

                     (Including Transfer of Funds)

       For an additional amount for ``Wildland Fire Management'', 
     $400,000,000, to remain available until expended, for urgent 
     wildland fire suppression activities: Provided, That such 
     funds shall only become available if funds provided 
     previously for wildland fire suppression will be exhausted 
     imminently and the Secretary of Agriculture notifies the 
     House and Senate Committees on Appropriations in writing of 
     the need for these additional funds: Provided further, That 
     such funds are also available for repayment to other 
     appropriation accounts from which funds were transferred for 
     wildfire suppression.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2601. (a) For fiscal year 2007, payments shall be made 
     from any revenues, fees, penalties, or miscellaneous receipts 
     described in sections 102(b)(3) and 103(b)(2) of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (Public Law 106-393; 16 U.S.C. 500 note), not to exceed 
     $100,000,000, and the payments shall be made, to the maximum 
     extent practicable, in the same amounts, for the same 
     purposes, and in the same manner as were made to States and 
     counties in 2006 under that Act.
       (b) There is appropriated $425,000,000 to be used to cover 
     any shortfall for payments made under this section.
       (c) Titles II and III of Public Law 106-393 are amended, 
     effective September 30, 2006, by striking ``2006'' and 
     ``2007'' each place they appear and inserting ``2007'' and 
     ``2008'', respectively.
       Sec. 2602. Disaster relief funds from Public Law 109-234, 
     120 Stat. 418, 461, (June 30, 2006), chapter 5, ``National 
     Park Service--Historic Preservation Fund,'' for necessary 
     expenses related to the consequences of Hurricane Katrina and 
     other hurricanes of the 2005 season, may be used to 
     reconstruct destroyed properties that at the time of 
     destruction were listed in the National Register of Historic 
     Places and are otherwise qualified to receive these funds: 
     Provided, That the State Historic Preservation Officer 
     certifies that, for the community where that destroyed 
     property was located, that the property is iconic to or 
     essential to illustrating that community's historic identity, 
     that no other property in that community with the same 
     associative historic value has survived, and that sufficient 
     historical documentation exists to ensure an accurate 
     reproduction.

                               CHAPTER 7

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention


                 DISEASE CONTROL, RESEARCH AND TRAINING

       For an additional amount for ``Department of Health and 
     Human Services, Centers for Disease Control and Prevention, 
     Disease Control, Research and Training'', to carry out 
     section 501 of the Federal Mine Safety and Health Act of 1977 
     and section 6 of the Mine Improvement and New Emergency 
     Response Act of 2006, $13,000,000 for research to develop 
     mine safety technology, including necessary repairs and 
     improvements to leased laboratories: Provided, That progress 
     reports on technology development shall be submitted to the 
     House and Senate Committees on Appropriations and the 
     Committee on Health, Education, Labor and Pensions of the 
     Senate and the Committee on Education and Labor of the House 
     of Representatives on a quarterly basis: Provided further, 
     That the amount provided under this heading shall remain 
     available until September 30, 2008.

                Administration for Children and Families


                   LOW-INCOME HOME ENERGY ASSISTANCE

       For an additional amount for ``Low-Income Home Energy 
     Assistance'' under section 2604(a) through (d) of the Low-
     Income Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a) 
     through (d)), $320,000,000.
       For an additional amount for ``Low-Income Home Energy 
     Assistance'' under section 2604(e) of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), 
     $320,000,000.

                        Office of the Secretary


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' to prepare for and respond to an 
     influenza pandemic, $820,000,000, to remain available until 
     expended: Provided, That this amount shall be for activities 
     including the development and purchase of vaccine, 
     antivirals, necessary medical supplies, diagnostics, and 
     other surveillance tools: Provided further, That products 
     purchased with these funds may, at the discretion of the 
     Secretary of Health and Human Services, be deposited in the 
     Strategic National Stockpile: Provided further, That 
     notwithstanding section 496(b) of the Public Health Service 
     Act, funds may be used for the construction or renovation of 
     privately owned facilities for the production of pandemic 
     vaccine and other biologicals, where the Secretary finds such 
     a contract necessary to secure sufficient supplies of such 
     vaccines or biologicals: Provided further, That funds 
     appropriated herein may be transferred to other appropriation 
     accounts of the Department of Health and Human Services, as 
     determined by the Secretary to be appropriate, to be used for 
     the purposes specified in this sentence.


                  COVERED COUNTERMEASURE PROCESS FUND

       For carrying out section 319F-4 of the Public Health 
     Service Act (42 U.S.C. 247d-6e) to compensate individuals for 
     injuries caused by H5N1 vaccine, in accordance with the 
     declaration regarding avian influenza viruses issued by the 
     Secretary of Health and Human Services on January 26, 2007, 
     pursuant to section 319F-3(b) of such Act (42 U.S.C. 247d-
     6d(b)), $50,000,000, to remain available until expended.

                        DEPARTMENT OF EDUCATION

                            Higher Education

       For an additional amount under part B of title VII of the 
     Higher Education Act of 1965 (``HEA'') for institutions of 
     higher education (as defined in section 102 of that Act) that 
     are located in an area in which a major disaster was declared 
     in accordance with section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act related to 
     hurricanes in the Gulf of Mexico in calendar year 2005, 
     $30,000,000: Provided, That such funds shall be available to 
     the Secretary of Education only for payments to help defray 
     the expenses (which may include lost revenue, reimbursement 
     for expenses already incurred, and construction) incurred by 
     such institutions of higher education that were forced to 
     close, relocate or significantly curtail their activities as 
     a result of damage directly caused by such hurricanes and for 
     payments to enable such institutions to provide grants to 
     students who attend such institutions for academic years 
     beginning on or after July 1, 2006: Provided further, That 
     such payments shall be made in accordance with criteria 
     established by the Secretary and made publicly available 
     without regard to section 437 of the General Education 
     Provisions Act, section 553 of title 5, United States Code, 
     or part B of title VII of the HEA.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2701. Section 105(b) of title IV of division B of 
     Public Law 109-148 is amended by adding at the end the 
     following new sentence: ``With respect to the program 
     authorized by section 102 of this Act, the waiver authority 
     in subsection (a) of this section shall be available until 
     the end of fiscal year 2008.''


                         (including rescission)

       Sec. 2702. (a) From unexpended balances of the amounts made 
     available in the 2001 Emergency Supplemental Appropriations 
     Act for Recovery from and Response to Terrorist Attacks on 
     the United States (Public Law 107-38) for the Employment 
     Training Administration, Training and Employment Services 
     under the Department of Labor, $3,589,000 are rescinded.
       (b) For an additional amount for the Centers for Disease 
     Control and Prevention for carrying out activities under 
     section 5011(b) of the Emergency Supplemental Appropriations 
     Act to Address Hurricanes in the Gulf of Mexico and Pandemic 
     Influenza, 2006 (Public Law 109-148), $3,589,000.
       Sec. 2703. Notwithstanding section 2002(c) of the Social 
     Security Act (42 U.S.C. 1397a(c)), funds made available under 
     the heading ``Social Services Block Grant'' in division B of 
     Public Law 109-148 shall be available for expenditure by the 
     States through the end of fiscal year 2008.
       Sec. 2704. Elimination of Remainder of SCHIP Funding 
     Shortfalls for Fiscal Year 2007. (a) Elimination of Remainder 
     of Funding Shortfalls, Tiered Match, and Other Limitation on 
     Expenditures.--Section 2104(h) of the Social Security Act (42 
     U.S.C. 1397dd(h)), as added by section 201(a) of the National 
     Institutes of Health Reform Act of 2006 (Public Law 109-482), 
     is amended--
       (1) in the heading for paragraph (2), by striking 
     ``remainder of reduction'' and inserting ``part''; and
       (2) by striking paragraph (4) and inserting the following:
       ``(4) Additional amounts to eliminate remainder of fiscal 
     year 2007 funding shortfalls.--

[[Page 7615]]

       ``(A) In general.--The Secretary shall allot to each 
     remaining shortfall State described in subparagraph (B) such 
     amount as the Secretary determines will eliminate the 
     estimated shortfall described in such subparagraph for the 
     State for fiscal year 2007.
       ``(B) Remaining shortfall state described.--For purposes of 
     subparagraph (A), a remaining shortfall State is a State with 
     a State child health plan approved under this title for which 
     the Secretary estimates, on the basis of the most recent data 
     available to the Secretary as of the date of the enactment of 
     this paragraph, that the projected federal expenditures under 
     such plan for the State for fiscal year 2007 will exceed the 
     sum of--
       ``(i) the amount of the State's allotments for each of 
     fiscal years 2005 and 2006 that will not be expended by the 
     end of fiscal year 2006;
       ``(ii) the amount of the State's allotment for fiscal year 
     2007; and
       ``(iii) the amounts, if any, that are to be redistributed 
     to the State during fiscal year 2007 in accordance with 
     paragraphs (1) and (2).
       ``(C) Appropriation; allotment authority.--For the purpose 
     of providing additional allotments to remaining shortfall 
     States under this paragraph there is appropriated, out of any 
     funds in the Treasury not otherwise appropriated, such sums 
     as are necessary for fiscal year 2007.''.
       (b) Conforming Amendments.--Section 2104(h) of such Act (42 
     U.S.C. 1397dd(h)) (as so added), is amended--
       (1) in paragraph (1)(B), by striking ``subject to paragraph 
     (4)(B) and'';
       (2) in paragraph (2)(B), by striking ``subject to paragraph 
     (4)(B) and'';
       (3) in paragraph (5)(A), by striking ``and (3)'' and 
     inserting ``(3), and (4)''; and
       (4) in paragraph (6)--
       (A) in the first sentence_
       (i) by inserting ``or allotted'' after ``redistributed''; 
     and
       (ii) by inserting ``or allotments'' after 
     ``redistributions''; and
       (B) by striking ``and (3)'' and inserting ``(3), and (4)''.
       (c) General Effective Date; Applicability.--Except as 
     otherwise provided, the amendments made by this section take 
     effect on the date of enactment of this Act and apply without 
     fiscal year limitation.
       Sec. 2705. Notwithstanding any other provision of law, the 
     Secretary of Health and Human Services shall not, prior to 
     the date that is 2 years after the date of enactment of this 
     Act, take any action to finalize, or otherwise implement 
     provisions--
       (1) contained in the proposed rule published on January 18, 
     2007, on pages 2236 through 2258 of volume 72, Federal 
     Register (relating to parts 433, 447, and 457 of title 42, 
     Code of Federal Regulations) or any other rule that would 
     affect the Medicaid program established under title XIX of 
     the Social Security Act or the State Children's Health 
     Insurance Program established under title XXI of such Act in 
     a similar manner; or
       (2) restricting payments for graduate medical education 
     under the Medicaid program.
       (b) Increase in Basic Rebate for Single Source Drugs and 
     Innovator Multiple Source Drugs.--Section 1927(c)(1)(B)(i) of 
     the Social Security Act (42 U.S.C. 1396r-8(c)(1)(B)(i)) is 
     amended--
       (1) in subclause (IV), by striking ``and'' after the 
     semicolon;
       (2) in subclause (V)--
       (A) by inserting ``and before April 1, 2007,'' after 
     ``1995,''; and
       (B) by striking the period and inserting ``; and''; and
       (3) by adding at the end the following:

       ``(VI) after March 31, 2007, is 20 percent.''.

       Sec. 2706. (a) For grant years beginning in 2006-2007, the 
     Secretary of Health and Human Services may waive the 
     requirements of, with respect to Louisiana, Mississippi, 
     Alabama, and Texas and any eligible metropolitan area in 
     Louisiana, Mississippi, Alabama, and Texas, the following 
     sections of the Public Health Service Act:
       (1) Section 2612(e)(1) of such Act (42 U.S.C. 300ff-
     21(b)(1)).
       (2) Section 2617(b)(7)(E) of such Act (42 U.S.C. 300ff-
     27(b)(7)(E)).
       (3) Section 2617(d) of such Act (42 U.S.C. 300ff-27(d)), 
     except that such waiver shall apply so that the matching 
     requirement is reduced to $1 for each $4 of Federal funds 
     provided under the grant involved.
       (b) If the Secretary of Health and Human Services grants a 
     waiver under subsection (b), the Secretary--
       (1) may not prevent Louisiana, Mississippi, Alabama, and 
     Texas or any eligible metropolitan area in Louisiana, 
     Mississippi, Alabama, and Texas from receiving or utilizing, 
     or both, funds granted or distributed, or both, pursuant to 
     title XXVI of the Public Health Service Act (42 U.S.C. 300ff-
     11 et seq.) because of the failure of Louisiana, Mississippi, 
     Alabama, and Texas or any eligible metropolitan area in 
     Louisiana, Mississippi, Alabama, and Texas to comply with the 
     requirements of the sections listed in paragraphs (1) through 
     (3) of subsection (a);
       (2) may not take action due to such noncompliance; and
       (3) shall assess, evaluate, and review Louisiana, 
     Mississippi, Alabama, and Texas or any eligible metropolitan 
     area's eligibility for funds under such title XXVI as if 
     Louisiana, Mississippi, Alabama, and Texas or such eligible 
     metropolitan area had fully complied with the requirements of 
     the sections listed in paragraphs (1) through (3) of 
     subsection (a).
       (c) For grant years beginning in 2008, Louisiana, 
     Mississippi, Alabama, and Texas and any eligible metropolitan 
     area in Louisiana, Mississippi, Alabama, and Texas shall 
     comply with each of the applicable requirements under title 
     XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et 
     seq.).

                               CHAPTER 8

                           LEGISLATIVE BRANCH

                        ARCHITECT OF THE CAPITOL

                          Capitol Power Plant

       For an additional amount for ``Capitol Power Plant'', 
     $25,000,000, for emergency utility tunnel repairs and 
     asbestos abatement, to remain available until September 30, 
     2011: Provided, That the Architect of the Capitol may not 
     obligate any of the funds appropriated under this heading 
     without approval of an obligation plan by the Committees on 
     Appropriations of the Senate and House of Representatives.

                    GOVERNMENT ACCOUNTABILITY OFFICE

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'' of 
     the Government Accountability Office, $374,000, to remain 
     available until expended.

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                Military Construction, Air Force Reserve


                    (Including Rescission of Funds)

       For an additional amount for ``Military Construction, Air 
     Force Reserve'', $3,096,000, to remain available until 
     September 30, 2011: Provided, That such funds may be 
     obligated and expended to carry out planning and design and 
     military construction projects not otherwise authorized by 
     law.
       Of the funds appropriated for ``Military Construction, Air 
     Force Reserve'' under Public Law 109-114, $3,096,000 are 
     hereby rescinded.

            Department of Defense Base Closure Account, 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $3,136,802,000, to remain available until 
     expended.

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration


                            MEDICAL SERVICES

       For an additional amount for ``Medical Services'', 
     $454,131,000, to remain available until expended, of which 
     $50,000,000 shall be for the establishment of new Level I 
     comprehensive polytrauma centers; $9,440,000 shall be for the 
     establishment of polytrauma residential transitional 
     rehabilitation programs; $20,000,000 shall be for additional 
     transition caseworkers; $30,000,000 shall be for substance 
     abuse treatment programs; $20,000,000 for readjustment 
     counseling; $10,000,000 shall be for blind rehabilitation 
     services; $100,000,000 shall be for enhancements to mental 
     health services; $8,000,000 shall be for polytrauma support 
     clinic teams; $5,356,000 for additional polytrauma points of 
     contacts; and $201,335,000 shall be for treatment of 
     Operation Enduring Freedom and Operation Iraqi Freedom 
     veterans.


                         MEDICAL ADMINISTRATION

       For an additional amount for ``Medical Administration'', 
     $250,000,000, to remain available until expended.


                           MEDICAL FACILITIES

       For an additional amount for ``Medical Facilities'', 
     $595,000,000, to remain available until expended, of which 
     $45,000,000 shall be used for facility and equipment upgrades 
     at the Department of Veterans Affairs polytrauma 
     rehabilitation centers and the polytrauma network sites; and 
     $550,000,000 shall be for non-recurring maintenance as 
     identified in the Department of Veterans Affairs Facility 
     Condition Assessment report: Provided, That the amount 
     provided under this heading for non-recurring maintenance 
     shall be allocated in a manner outside of the Veterans 
     Equitable Resource Allocation and specific to the needs and 
     geographic distribution of Operation Enduring Freedom and 
     Operation Iraqi Freedom veterans: Provided further, That 
     within 30 days of enactment of this Act the Secretary shall 
     submit to the Committees on Appropriations of both Houses of 
     Congress an expenditure plan for non-recurring maintenance 
     prior to obligation.


                    MEDICAL AND PROSTHETIC RESEARCH

       For an additional amount for ``Medical and Prosthetic 
     Research'', $30,000,000, to remain available until expended, 
     which shall be used for research related to the unique 
     medical needs of returning Operation Enduring Freedom and 
     Operation Iraqi Freedom veterans.

                      Departmental Administration


                       GENERAL OPERATING EXPENSES

       For an additional amount for ``General Operating 
     Expenses'', $46,000,000, to remain available until expended, 
     for the hiring and training of new pension and compensation 
     claims processing personnel.

[[Page 7616]]




                     INFORMATION TECHNOLOGY SYSTEMS

       For an additional amount for ``Information Technology 
     Systems'', $36,100,000, to remain available until expended, 
     of which $20,000,000 shall be for information technology 
     support and improvements for processing of OIF/OEF veterans 
     benefits claims, including making electronic DOD medical 
     records available for claims processing and enabling 
     electronic benefits applications by veterans; $1,000,000 
     shall be for the digitization of benefits records; and 
     $15,100,000 shall be for electronic data breach and 
     remediation and prevention.


                      CONSTRUCTION, MINOR PROJECTS

       For an additional amount for ``Construction, Minor 
     Projects'', $355,907,000, to remain available until expended, 
     of which $36,000,000 shall be for construction costs 
     associated with the establishment of polytrauma residential 
     transitional rehabilitation programs.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 2901. (a) Notwithstanding any other provision of law, 
     none of the funds in this or any other Act shall be used to 
     downsize staff or to close, realign or phase out essential 
     services at Walter Reed Army Medical Center until equivalent 
     medical facilities at the Walter Reed National Military 
     Medical Center at Naval Medical Center, Bethesda, Maryland, 
     and/or the Fort Belvoir, Virginia, Community Hospital have 
     been constructed and equipped, and until the Secretary of 
     Defense has certified in writing to the Congress that:
       (1) the new facilities at Walter Reed National Military 
     Medical Center at Bethesda and/or the Fort Belvoir Community 
     Hospital are complete and fully operational, and
       (2) replacement medical facilities at Walter Reed National 
     Military Medical Center at Bethesda have adequate capacity to 
     meet both the existing and projected demand for complex 
     medical care and services, including outpatient and medical 
     hold facilities, for combat veterans and other military 
     personnel.
       (b) Not later than 30 days after enactment of this Act, the 
     Secretary of Defense shall provide to the Committees on 
     Appropriations of the Senate and House of Representatives a 
     report and proposed timetable outlining the Department's plan 
     to transition patients, staff and medical services to the new 
     facilities at Bethesda and Fort Belvoir without compromising 
     patient care, staffing requirements or facility maintenance 
     at the Walter Reed Medical Center.
       (c) To ensure that the quality of care provided by the 
     Military Health System is not diminished during this 
     transition, the Walter Reed Army Medical Center shall be 
     adequately funded, to include necessary renovation and 
     maintenance of existing facilities, to continue the maximum 
     level of inpatient and outpatient services.
       Sec. 2902. Within existing funds appropriated to 
     Departmental Administration, General Operating Expenses for 
     fiscal year 2007, and within 30 days after enactment of this 
     Act, the Department of Veterans Affairs shall contract with 
     the National Academy of Public Administration for the purpose 
     of conducting an independent study and analysis of the 
     organizational structure, management and coordination 
     processes, including Seamless Transition, utilized by the 
     Department of Veterans affairs to:
       (1) provide health care to active duty and veterans of 
     Operation Enduring Freedom and Operation Iraqi Freedom; and
       (2) provide benefits to veterans of Operation Enduring 
     Freedom and Operation Iraqi Freedom.
       Sec. 2903. The Director of the Congressional Budget Office 
     shall, not later than November 15, 2007, submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report projecting appropriations necessary 
     for the Departments of Defense and Veterans Affairs to 
     continue providing necessary health care to veterans of the 
     conflicts in Iraq and Afghanistan. The projections should 
     span several scenarios for the duration and number of forces 
     deployed in Iraq and Afghanistan, and more generally, for the 
     long-term health care needs of deployed troops engaged in the 
     global war on terrorism over the next ten years.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                     Federal Highway Administration


                          Federal-Aid Highways

                        Emergency Relief Program

                    (including rescission of funds)

       For an additional amount for the Emergency Relief Program 
     as authorized under section 125 of title 23, United States 
     Code, $388,903,000, to remain available until expended: 
     Provided, That of the unobligated balances of funds 
     apportioned to each State under chapter 1 of title 23, United 
     States Code, $388,903,000 are rescinded: Provided further, 
     That such rescission shall not apply to the funds distributed 
     in accordance with sections 130(f) and 104(b)(5) of title 23, 
     United States Code; sections 133(d)(1) and 163 of such title, 
     as in effect on the day before the date of enactment of 
     Public Law 109-59; and the first sentence of section 
     133(d)(3)(A) of such title: Provided further, That section 
     4103 of title III of this Act shall not apply to the first 
     proviso under this paragraph.

                     Federal Transit Administration


                             Formula Grants

       For an additional amount to be allocated by the Secretary 
     to recipients of assistance under chapter 53 of title 49, 
     United States Code, directly affected by Hurricanes Katrina 
     and Rita, $75,000,000, for the operating and capital costs of 
     transit services, to remain available until expended: 
     Provided, That the Federal share for any project funded from 
     this amount shall be 100 percent.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                      Office of Inspector General

       For an additional amount for the Office of Inspector 
     General, for the necessary costs related to the consequences 
     of Hurricanes Katrina and Rita, $5,000,000, to remain 
     available until expended.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3001. Notwithstanding part 750 of title 23, Code of 
     Federal Regulations (or a successor regulation), if permitted 
     by State law, a nonconforming sign that is or has been 
     damaged, destroyed, abandoned, or discontinued as a result of 
     a hurricane that is determined to be an act of God (as 
     defined by State law) may be repaired, replaced, or 
     reconstructed if the replacement sign has the same dimensions 
     as the original sign, and said sign is located within a State 
     found within Federal Emergency Management Agency Region IV or 
     VI. The provisions of this section shall cease to be in 
     effect twenty-four months following the date of enactment of 
     this Act.
       Sec. 3002. Section 21033 of the Continuing Appropriations 
     Resolution, 2007 (division B of Public Law 109-289, as 
     amended by Public Law 110-5) is amended by adding after the 
     third proviso: ``: Provided further, That notwithstanding the 
     previous proviso, except for applying the 2007 Annual 
     Adjustment Factor and making any other specified adjustments, 
     public housing agencies that are eligible for assistance 
     under section 901 in Public Law 109-148 (119 Stat. 2781) 
     shall receive funding for calendar year 2007 based on the 
     amount such public housing agencies were eligible to receive 
     in calendar year 2006''.

                               TITLE III

                             OTHER MATTERS

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'' of 
     the Farm Service Agency, $75,000,000, to remain available 
     until expended: Provided, That this amount shall only be 
     available for the modernization and repair of the computer 
     systems used by the Farm Service Agency (including all 
     software, hardware, and personnel required for modernization 
     and repair): Provided further, That of this amount 
     $27,000,000 shall be made available 60 days after the date on 
     which the Farm Service Agency submits to the Committee on 
     Appropriations of the Senate, the Committee on Appropriations 
     of the House of Representatives, and the Government 
     Accountability Office a spending plan for the funds.

                    GENERAL PROVISIONS--THIS CHAPTER


                              (rescission)

       Sec. 3101. Of the unobligated balances of funds made 
     available pursuant to section 298(a) of the Trade Act of 1974 
     (19 U.S.C. 2401G(a)), $75,000,000 are rescinded.
       Sec. 3102. (a) Section 1237A(f) of the Food Security Act of 
     1985 (16 U.S.C. 3837a(f)) is amended in the first sentence by 
     striking ``fair market value of the land less the fair market 
     value of such land encumbered by the easement'' and inserting 
     ``fair market value of the land as determined in accordance 
     with the method of valuation used by the Secretary as of 
     January 1, 2003''.
       (b) Section 1238I(c)(1) of the Food Security Act of 1985 
     (16 U.S.C. 3838i(c)(1)) is amended by inserting at the end 
     the following:
       ``(C) Valuation.--The Secretary shall determine fair market 
     value under this paragraph in accordance with the method of 
     valuation used by the Secretary as of January 1, 2003.''.
       Sec. 3103. Subsection (b)(1) of section 313A of the Rural 
     Electrification Act shall not apply in the case of a 
     cooperative lender that has previously received a guarantee 
     under section 313A and such additional guarantees shall not 
     exceed the amount provided for in Public Law 110-5.

                               CHAPTER 2

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3201. Section 20314 of the Continuing Appropriations 
     Resolution, 2007 (division B of Public Law 109-289, as 
     amended by Public Law 110-5) is amended by striking 
     ``Resources.'' and inserting in lieu thereof: ``Resources: 
     Provided, That $22,762,000 of the amount provided be for 
     geothermal research and development activities.''.
       Sec. 3202. Hereafter, federal employees at the National 
     Energy Technology Laboratory shall be classified as 
     inherently governmental for the purpose of the Federal 
     Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
       Sec. 3203. Prohibition on Certain Uses of Funds by BPA. 
     None of the funds made available under this or any other Act 
     shall be used during fiscal year 2007 to make, or

[[Page 7617]]

     plan or prepare to make, any payment on bonds issued by the 
     Administrator of the Bonneville Power Administration 
     (referred in this section as the ``Administrator'') or for an 
     appropriated Federal Columbia River Power System investment, 
     if the payment is both--
       (1) greater, during any fiscal year, than the payments 
     calculated in the rate hearing of the Administrator to be 
     made during that fiscal year using the repayment method used 
     to establish the rates of the Administrator as in effect on 
     October 1, 2006; and
       (2) based or conditioned on the actual or expected net 
     secondary power sales receipts of the Administrator.

                               CHAPTER 3

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3301. The structure of any of the offices or 
     components within the Office of National Drug Control Policy 
     shall remain as they were on October 1, 2006. None of the 
     funds appropriated or otherwise made available in the 
     Continuing Appropriations Resolution, 2007 (Public Law 110-5) 
     may be used to implement a reorganization of offices within 
     the Office of National Drug Control Policy without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate.
       Sec. 3302. Funds made available in section 21075 of the 
     Continuing Appropriations Resolution, 2007 (Public Law 110-5) 
     shall be made available to a 501(c)(3) entity: (1) with a 
     wide anti-drug coalition network and membership base, and one 
     with a demonstrated track record and specific expertise in 
     providing technical assistance, training, evaluation, 
     research, and capacity building to community anti-drug 
     coalitions; (2) with authorization from Congress, both prior 
     to fiscal year 2007, and in fiscal years 2008 through 2012, 
     to perform the duties described in subsection (1) of this 
     section; and (3) that has previously received funding from 
     Congress, including through a competitive process as well as 
     direct funding, for providing the duties described in 
     subsection (1) of this section: Provided, That funds 
     appropriated in section 21075 shall be obligated within sixty 
     days after enactment of this Act.
       Sec. 3303. Funds made available under section 613 of Public 
     Law 109-108 (119 Stat. 2338) for Nevada's Commission on 
     Economic Development shall be made available to the Nevada 
     Center for Entrepreneurship and Technology (CET).
       Sec. 3304. From the amount provided by section 21067 of the 
     Continuing Appropriations Resolution, 2007 (Public Law 110-
     5), the National Archives and Records Administration may 
     obligate monies necessary to carry out the activities of the 
     Public Interest Declassification Board.
       Sec. 3305. None of the funds appropriated or otherwise made 
     available in section 21063 of the Continuing Appropriations 
     Resolution, 2007 (Public Law 110-5) for the ``General 
     Services Administration, Real Property Activities, Federal 
     Buildings Fund'', may be obligated for design, construction, 
     or acquisition until the House and Senate Committees on 
     Appropriations approve a revised detailed plan, by project, 
     on the use of such funds: Provided, That the new plan shall 
     include funding for completion of courthouse construction 
     projects which received funding in fiscal year 2006 above a 
     level of $5,000,000: Provided further, That such plan shall 
     be provided by the Administrator of the General Services 
     Administration to the House of Representatives and the Senate 
     Committees on Appropriations within seven days of enactment.
       Sec. 3306. Notwithstanding the notice requirement of the 
     Transportation, Treasury, Housing and Urban Development, the 
     Judiciary, the District of Columbia, and Independent Agencies 
     Appropriations Act, 2006, 119 Stat. 2509 (Public Law 109-
     115), as continued in section 104 of the Continuing 
     Appropriations Resolution, 2007 (Public Law 110-5), the 
     District of Columbia Courts may reallocate not more than 
     $1,000,000 of the funds provided for fiscal year 2007 under 
     the Federal Payment to the District of Columbia Courts for 
     facilities among the items and entities funded under that 
     heading for operations.
       Sec. 3307. (a) Not later than 90 days after the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     coordination with the Securities and Exchange Commission and 
     in consultation with the Departments of State and Energy, 
     shall prepare and submit to the Senate Committee on 
     Appropriations, the House of Representatives Committee on 
     Appropriations, the Senate Foreign Relations Committee, and 
     the House Foreign Affairs Committee an unclassified report, 
     suitable to be made public, that contains the names of (1) 
     all companies trading in securities that are registered under 
     section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 
     781) which either directly or through a parent or subsidiary 
     company, including partly-owned subsidiaries, conduct 
     business operations in Sudan relating to natural resource 
     extraction, including oil-related activities and mining of 
     minerals; and (2) the names of all other companies, which 
     either directly or through a parent or subsidiary company, 
     including partly-owned subsidiaries, conduct business 
     operations in Sudan relating to natural resource extraction, 
     including oil-related activities and mining of minerals. The 
     reporting provision shall not apply to companies operating 
     under licenses from the Office of Foreign Assets Control or 
     otherwise expressly exempted under United States law from 
     having to obtain such licenses in order to operate in Sudan.
       (b) Not later than 20 days after enactment, the Secretary 
     of the Treasury shall inform the aforementioned committees of 
     Congress of any statutory or other legal impediments to the 
     successful completion of this report.
       (c) Not later than 45 days following the submission to 
     Congress of the list of companies conducting business 
     operations in Sudan relating to natural resource extraction 
     required above, the General Services Administration shall 
     determine whether the United States Government has an active 
     contract for the procurement of goods or services with any of 
     the identified companies, and provide notification to the 
     appropriate committees of Congress of the companies, nature 
     of the contract, and dollar amounts involved.


                         (including rescission)

       Sec. 3308. (a) Of the funds provided for the General 
     Services Administration, ``Office of Inspector General'' in 
     section 21061 of the Continuing Appropriations Resolution, 
     2007 (division B of Public Law 109-289, as amended by Public 
     Law 110-5), $8,000,000 are rescinded.
       (b) For an additional amount for the General Services 
     Administration, ``Office of Inspector General'', $8,000,000, 
     to remain available until September 30, 2008.
       Sec. 3309. Section 21073 of the Continuing Appropriations 
     Resolution, 2007 (Public Law 110-5) is amended by adding a 
     new subsection (j) as follows:
       ``(j) Notwithstanding section 101, any appropriation or 
     funds made available to the District of Columbia pursuant to 
     this division for `Federal Payment for Foster Care 
     Improvement in the District of Columbia' shall be available 
     in accordance with an expenditure plan submitted by the Mayor 
     of the District of Columbia not later than 60 days after the 
     enactment of this section which details the activities to be 
     carried out with such Federal Payment.''.

                               CHAPTER 4

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3401. Any unobligated balances remaining from prior 
     appropriations for United States Coast Guard, ``Retired Pay'' 
     shall remain available until expended in the account and for 
     the purposes for which the appropriations were provided, 
     including the payment of obligations otherwise chargeable to 
     lapsed or current appropriations for this purpose.
       Sec. 3402. Integrated Deepwater System. (a) Competition for 
     Acquisition and Modification of Assets.--
       (1) In general.--The Commandant of the Coast Guard shall 
     utilize full and open competition for any contract entered 
     into after the date of enactment of this Act that provides 
     for the acquisition or modification of assets under, or in 
     support of, the Integrated Deepwater System Program of the 
     Coast Guard.
       (2) Exceptions.--Paragraph (1) shall not apply to the 
     following:
       (A) The acquisition or modification of the following asset 
     classes for which assets of the class and related systems and 
     components under the Integrated Deepwater System are under a 
     contract for production:
       (i) National Security Cutter;
       (ii) Maritime Patrol Aircraft;
       (iii) Deepwater Command, Control, Communications, Computer, 
     Intelligence, Surveillance, and Reconnaissance (C4ISR) 
     System; and
       (iv) HC-130J Fleet Introduction.
       (B) The modification of any legacy asset class under the 
     Integrated Deepwater System Program being performed by a 
     Coast Guard entity.
       (b) Chair of Product and Oversight Teams.--The Commandant 
     of the Coast Guard shall assign an appropriate officer or 
     employee of the Coast Guard to act as chair of each of the 
     following:
       (1) Each integrated product team under the Integrated 
     Deepwater System Program.
       (2) Each higher-level team assigned to the oversight of a 
     product team referred to in paragraph (1).
       (c) Life-cycle Cost Estimate.--The Commandant of the Coast 
     Guard may not enter into a contract for lead asset production 
     under the Integrated Deepwater System Program until the 
     Commandant obtains an independent estimate of life-cycle 
     costs of the asset concerned.
       (d) Review of Acquisitions and Major Design Changes.--
       (1) In general.--With the exception of assets covered under 
     (a)(2) of this section, the Commandant of the Coast Guard may 
     not carry out an action described in paragraph (2) unless an 
     independent third party with no financial interest in the 
     development, construction, or modification of any component 
     of the Integrated Deepwater System Program, selected by the 
     Commandant for purposes of the subsection, determines that 
     such action is advisable.
       (2) Covered actions.--The actions described in the 
     paragraph are as follows:
       (A) The acquisition or modification of an asset under the 
     Integrated Deepwater System Program.
       (B) The implementation of a major design change for an 
     asset under the Integrated Deepwater System Program.

[[Page 7618]]

       (e) Linking of Award Fees to Successful Acquisition 
     Outcomes.--The Commandant of the Coast Guard shall require 
     that all contracts under the Integrated Deepwater System 
     Program that provide award fees link such fees to successful 
     acquisition outcomes (which shall be defined in terms of 
     cost, schedule, and performance).
       (f) Contractual Agreements.--
       (1) In general.--The Commandant of the Coast Guard may not 
     award or issue any contract, task or delivery order, letter 
     contract modification thereof, or other similar contract, for 
     the acquisition or modification of an asset under the 
     Integrated Deepwater System Program unless the Coast Guard 
     and the contractor concerned have formally agreed to all 
     terms and conditions.
       (2) Exception.--A contract, task or delivery order, letter 
     contract, modification thereof, or other similar contract 
     described in paragraph (1) may be awarded or issued if the 
     head of contracting activity of the Coast Guard determines 
     that a compelling need exists for the award or issue of such 
     instrument.
       (g) Designation of Technical Authority.--The Commandant of 
     the Coast Guard shall designate the Assistant Commandant of 
     the Coast Guard for Engineering and Logistics as the 
     technical authority for all engineering, design, and 
     logistics decisions pertaining to the Integrated Deepwater 
     System Program.
       (h) Report on Personnel Required for Acquisition 
     Management.--Not later than 30 days after the date of the 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives; the Committee on 
     Commerce, Science and Transportation of the Senate; and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report on the resources (including 
     training, staff, and expertise) required by the Coast Guard 
     to provide appropriate management and oversight of the 
     Integrated Deepwater System Program.
       (i) Comptroller General Report on Progress.--Not later than 
     60 days after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives; the Committee on Commerce, Science and 
     Transportation of the Senate; and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report describing and assessing the 
     progress of the Coast Guard in complying with the 
     requirements of this section.
       Sec. 3403. None of the funds provided in this Act or any 
     other Act may be used to alter or reduce operations within 
     the Civil Engineering Program of the Coast Guard nationwide, 
     including the civil engineering units, facilities, design and 
     construction centers, maintenance and logistics command 
     centers, the Coast Guard Academy and the Coast Guard Research 
     and Development Center, except as specifically authorized by 
     a statute enacted after the date of enactment of this Act.

                               CHAPTER 5

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3501. Section 20515 of the Continuing Appropriations 
     Resolution, 2007 (division B of Public Law 109-289, as 
     amended by Public Law 110-5) is amended by inserting before 
     the period: ``; and of which, not to exceed $143,628,000 
     shall be available for contract support costs under the terms 
     and conditions contained in Public Law 109-54''.
       Sec. 3502. Section 20512 of the Continuing Appropriations 
     Resolution, 2007 (division B of Public Law 109-289, as 
     amended by Public Law 110-5) is amended by inserting after 
     the first dollar amount: ``, of which not to exceed 
     $7,300,000 shall be transferred to the `Indian Health 
     Facilities' account; the amount in the second proviso shall 
     be $18,000,000; the amount in the third proviso shall be 
     $525,099,000; the amount in the ninth proviso shall be 
     $269,730,000; and the $15,000,000 allocation of funding under 
     the eleventh proviso shall not be required''.
       Sec. 3503. Section 20501 of the Continuing Appropriations 
     Resolution, 2007 (division B of Public Law 109-289, as 
     amended by Public Law 110-5) is amended by inserting after 
     $55,663,000: ``of which $13,000,000 shall be for Save 
     America's Treasures''.
       Sec. 3504. Of the funds made available to the United States 
     Fish and Wildlife Service for fiscal year 2007 under the 
     heading ``Land Acquisition'', not to exceed $1,980,000 may be 
     used for land conservation partnerships authorized by the 
     Highlands Conservation Act of 2004.
       Sec. 3505. The Administrator of the Environmental 
     Protection Agency shall grant to the Water Environment 
     Research Foundation (WERF) such sums as were directed in 
     fiscal year 2005 and fiscal year 2006 for the On-Farm 
     Assessment and Environmental Review program: Provided, That 
     not less than 95 percent of funds made available shall be 
     used by WERF to award competitively a contract to perform the 
     program's environmental assessments: Provided further, That 
     WERF shall not retain more than 5 percent of such sums for 
     administrative expenses.

                               CHAPTER 6

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health


         National Institute of Allergy and Infectious Diseases

                          (TRANSFER OF FUNDS)

       Of the amount provided by the Continuing Appropriations 
     Resolution, 2007 for ``National Institute of Allergy and 
     Infectious Diseases'', $49,500,000 shall be transferred to 
     ``Public Health and Social Services Emergency Fund'' to carry 
     out activities relating to advanced research and development 
     as provided by section 319L of the Public Health Service Act.

                    GENERAL PROVISIONS--THIS CHAPTER


                          (TRANSFER OF FUNDS)

       Sec. 3601. Section 20602 of the Continuing Appropriations 
     Resolution, 2007 (division B of Public Law 109-289, as 
     amended by Public Law 110-5) is amended by inserting the 
     following after ``$5,000,000'': ``(together with an 
     additional $7,000,000 which shall be transferred by the 
     Pension Benefit Guaranty Corporation as an authorized 
     administrative cost)''.
       Sec. 3602. Section 20625(b)(1) of the Continuing 
     Appropriations Resolution, 2007 (division B of Public Law 
     109-289, as amended by Public Law 110-5) is amended by--
       (1) striking ``$7,172,994,000'' and inserting 
     ``$7,176,431,000'';
       (2) amending subparagraph (A) to read as follows:
       ``(A) $5,454,824,000 shall be for basic grants under 
     section 1124 of the Elementary and Secondary Education Act of 
     1965 (ESEA), of which up to $3,437,000 shall be available to 
     the Secretary of Education on October 1, 2006, to obtain 
     annually updated educational-agency-level census poverty data 
     from the Bureau of the Census;''; and
       (3) amending subparagraph (C) to read as follows:
       ``(C) not to exceed $2,352,000 may be available for section 
     1608 of the ESEA and for a clearinghouse on comprehensive 
     school reform under part D of title V of the ESEA;''.
       Sec. 3603. (a) From the amounts available for Department of 
     Education, Safe Schools and Citizenship Education as provided 
     by the Continuing Appropriations Resolution, 2007, 
     $321,500,000 shall be available for Safe and Drug-Free 
     Schools State Grants and $247,335,000 shall be available for 
     Safe and Drug-Free Schools National Programs.
       (b) Of the amount available for Safe and Drug-Free National 
     Programs, not less than $25,000,000 shall be for competitive 
     grants to local educational agencies to address youth 
     violence and related issues.
       (c) The competition under subsection (b) shall be limited 
     to local educational agencies that operate schools currently 
     identified as persistently dangerous under section 9532 of 
     the Elementary and Secondary Education Act of 1965.
       Sec. 3604. The provision in the first proviso under the 
     heading ``Rehabilitation Services and Disability Research'' 
     in the Department of Education Appropriations Act, 2006, 
     relating to alternative financing programs under section 
     4(b)(2)(D) of the Assistive Technology Act of 1998 shall not 
     apply to funds appropriated by the Continuing Appropriations 
     Resolution, 2007.


                          (transfer of funds)

       Sec. 3605. Notwithstanding sections 20639 and 20640 of the 
     Continuing Appropriations Resolution, 2007, as amended by 
     section 2 of the Revised Continuing Appropriations 
     Resolution, 2007 (Public Law 110-5), the Chief Executive 
     Officer of the Corporation for National and Community Service 
     may transfer an amount of not more than $1,360,000 from the 
     account under the heading ``National and Community Service 
     Programs, Operating Expenses'' under the heading 
     ``Corporation for National and Community Service'', to the 
     account under the heading ``Salaries and Expenses'' under the 
     heading ``Corporation for National and Community Service''.
       Sec. 3606. Section 1310.12(a) of title 45 of the Code of 
     Federal Regulations (October 1, 2004) shall be effective 30 
     days after enactment of this Act except that any vehicles in 
     use to transport Head Start children as of January 1, 2007, 
     shall not be subject to a requirement under that part 
     regarding rear emergency exit doors for two years after the 
     date of enactment.
       The Secretary of Health and Human Services shall revise the 
     allowable alternate vehicle standards described in that part 
     1310 (or any corresponding similar regulation or ruling) to 
     exempt from Federal seat spacing requirements and supporting 
     seating requirements related to compartmentalization any 
     vehicle used to transport children for a Head Start program 
     if the vehicle meets federal motor vehicle safety standards 
     for seating systems, occupant crash protection, seat belt 
     assemblies, and child restraint anchorage systems consistent 
     with that part 1310 (or any corresponding similar regulation 
     or ruling). Such revision shall be made in a manner 
     consistent with the findings of the National Highway Traffic 
     Safety Administration, pursuant to its study on occupant 
     protection on Head Start transit vehicles, related to the 
     Government Accountability Office report GAO-06-767R.


                         (including rescission)

       Sec. 3607. (a) From the amounts made available by the 
     Continuing Appropriations

[[Page 7619]]

     Resolution, 2007 (Public Law 109-289, as amended by the 
     Revised Continuing Appropriations Resolution, 2007 (Public 
     Law 110-5)) for the Office of the Secretary, General 
     Departmental Management under the Department of Health and 
     Human Services, $1,000,000 are rescinded.
       (b) For the activities carried out by the Secretary of 
     Education under section 3(a) of Public Law 108-406 (42 U.S.C. 
     15001 note), $1,000,000.


                         (including RESCISSION)

       Sec. 3608. (a) From the amounts made available by the 
     Continuing Appropriations Resolution, 2007 for ``Department 
     of Education, Student Aid Administration'', $2,000,000 are 
     rescinded.
       (b) For an additional amount for ``Department of Education, 
     Higher Education'' under part B of title VII of the Higher 
     Education Act of 1965 which shall be used to make a grant to 
     the University of Vermont for the Educational Excellence 
     Program, $2,000,000.
       Sec. 3609. Section 1820 of the Social Security Act (42 
     U.S.C. 1395i-4) is amended--
       (1) by redesignating subsection (j) as subsection (k); and
       (2) by inserting after subsection (i) the following new 
     subsection:
       ``(j) Delta Health Initiative.--
       ``(1) In general.--The Secretary is authorized to award a 
     grant to the Delta Health Alliance, a nonprofit alliance of 
     academic institutions in the Mississippi Delta region, to 
     solicit and fund proposals from local governments, hospitals, 
     health care clinics, academic institutions, and rural public 
     health-related entities and organizations for research 
     development, educational programs, health care services, job 
     training, planning, construction, and the equipment of public 
     health-related facilities in the Mississippi Delta region.
       ``(2) Federal interest in property.--With respect to funds 
     used under this subsection for construction or alteration of 
     property, the Federal interest in the property shall last for 
     a period of 1 year following completion or until the Federal 
     Government is compensated for its proportionate interest in 
     the property if the property use changes or the property is 
     transferred or sold, whichever time period is less. At the 
     conclusion of such period, the Notice of Federal Interest in 
     such property shall be removed.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this subsection in fiscal year 2007 and in each 
     of the five succeeding fiscal years.''.

                               CHAPTER 7

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 3701. Section 2(c) of the Legislative Branch 
     Appropriations Act, 1993 (2 U.S.C. 121d(c)) is amended by 
     adding at the end the following:
       ``(3) The Secretary of the Senate may transfer from the 
     fund to the Senate Employee Child Care Center proceeds from 
     the sale of holiday ornaments by the Senate Gift Shop for the 
     purpose of funding necessary activities and expenses of the 
     Center, including scholarships, educational supplies, and 
     equipment.''.


                         (including rescission)

       Sec. 3702. (a) Of the funds provided for the ``Capitol 
     Guide Service and Special Services Office'' in section 
     20703(a) of the Continuing Appropriations Resolution, 2007 
     (as added by section 2 of the Revised Continuing 
     Appropriations Resolution, 2007 (Public Law 110-5)), 
     $3,500,000 are rescinded.
       (b) For an additional amount for ``Capitol Guide Service 
     and Special Services Office'', $3,500,000, to remain 
     available until September 30, 2008.

                               CHAPTER 8

                    GENERAL PROVISION--THIS CHAPTER

       Sec. 3801. Notwithstanding any other provision of law, 
     appropriations made by Public Law 110-5, or any other Act, 
     which the Secretary of Veterans Affairs contributes to the 
     Department of Defense/Department of Veterans Affairs Health 
     Care Sharing Incentive Fund under the authority of section 
     8111(d) of title 38, United States Code, shall remain 
     available until expended for any purpose authorized by 
     section 8111 of title 38, United States Code.

                               CHAPTER 9

                    GENERAL PROVISIONS--THIS CHAPTER


                        CONSULTATION REQUIREMENT

       Sec. 3901. Of the funds provided in the Revised Continuing 
     Appropriations Resolution, 2007 (Public Law 110-5) for the 
     United States-China Economic and Security Review Commission, 
     $1,000,000 shall be available for obligation only in 
     accordance with a spending plan submitted to and approved by 
     the Committees on Appropriations which addresses the 
     recommendations of the Government Accountability Office's 
     audit of the Commission.


                          TECHNICAL AMENDMENT

       Sec. 3902. (a) Notwithstanding any other provision of law, 
     subsection (c) under the heading ``Assistance for the 
     Independent States of the Former Soviet Union'' in Public Law 
     109-102, shall not apply to funds appropriated by the 
     Continuing Appropriations Resolution, 2007 (Public Law 109-
     289, division B) as amended by Public Laws 109-369, 109-383, 
     and 110-5.
       (b) Section 534(k) of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2006 
     (Public Law 109-102) is amended, in the second proviso, by 
     inserting after ``subsection (b) of that section'' the 
     following: ``and the requirement that a majority of the 
     members of the board of directors be United States citizens 
     provided in subsection (d)(3)(B) of that section''.
       (c) Subject to section 101(c)(2) of the Continuing 
     Appropriations Resolution, 2007 (division B of Public Law 
     109-289, as amended by Public Law 110-5), the amount of funds 
     appropriated for ``Foreign Military Financing Program'' 
     pursuant to such Resolution shall be construed to be the 
     total of the amount appropriated for such program by section 
     20401 of that Resolution and the amount made available for 
     such program by section 591 of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 2006 
     (Public Law 109-102) which is made applicable to the fiscal 
     year 2007 by the provisions of such Resolution.

                               CHAPTER 10

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

             Office of Federal Housing Enterprise Oversight


                         Salaries and Expenses

                     (including transfer of funds)

       For an additional amount to carry out the Federal Housing 
     Enterprises Financial Safety and Soundness Act of 1992, 
     $4,800,000, to remain available until expended, to be derived 
     from the Federal Housing Enterprises Oversight Fund and to be 
     subject to the same terms and conditions pertaining to funds 
     provided under this heading in Public Law 109-115: Provided, 
     That not to exceed the total amount provided for these 
     activities for fiscal year 2007 shall be available from the 
     general fund of the Treasury to the extent necessary to incur 
     obligations and make expenditures pending the receipt of 
     collections to the Fund: Provided further, That the general 
     fund amount shall be reduced as collections are received 
     during the fiscal year so as to result in a final 
     appropriation from the general fund estimated at not more 
     than $0.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 4001. Hereafter, funds limited or appropriated for the 
     Department of Transportation may be obligated or expended to 
     grant authority to a Mexican motor carrier to operate beyond 
     United States municipalities and commercial zones on the 
     United States-Mexico border only to the extent that--
       (1) granting such authority is first tested as part of a 
     pilot program;
       (2) such pilot program complies with the requirements of 
     section 350 of Public Law 107-87 and the requirements of 
     section 31315(c) of title 49, United States Code, related to 
     pilot programs; and
       (3) simultaneous and comparable authority to operate within 
     Mexico is made available to motor carriers domiciled in the 
     United States.
       Sec. 4002. Section 21033 of the Continuing Appropriations 
     Resolution, 2007 (division B of Public Law 109-289, as 
     amended by Public Law 110-5) is amended by adding after the 
     second proviso: ``: Provided further, That paragraph (2) 
     under such heading in Public Law 109-115 (119 Stat. 2441) 
     shall be funded at $149,300,000, but additional section 8 
     tenant protection rental assistance costs may be funded in 
     2007 by using unobligated balances, notwithstanding the 
     purposes for which such amounts were appropriated, including 
     recaptures and carryover, remaining from funds appropriated 
     to the Department of Housing and Urban Development under this 
     heading, the heading ``Annual Contributions for Assisted 
     Housing'', the heading ``Housing Certificate Fund'', and the 
     heading ``Project-Based Rental Assistance'' for fiscal year 
     2006 and prior fiscal years: Provided further, That paragraph 
     (3) under such heading in Public Law 109-115 (119 Stat. 2441) 
     shall be funded at $47,500,000: Provided further, That 
     paragraph (4) under such heading in Public Law 109-115 (119 
     Stat. 2441) shall be funded at $5,900,000: Provided further, 
     That paragraph (5) under such heading in Public Law 109-115 
     (119 Stat. 2441) shall be funded at $1,281,100,000, of which 
     $1,251,100,000 shall be allocated for the calendar year 2007 
     funding cycle on a pro rata basis to public housing agencies 
     based on the amount public housing agencies were eligible to 
     receive in calendar year 2006, and of which up to $30,000,000 
     shall be available to the Secretary to allocate to public 
     housing agencies that need additional funds to administer 
     their section 8 programs, with up to $20,000,000 to be for 
     fees associated with section 8 tenant protection rental 
     assistance''.
       Sec. 4003. The dates for subsidy reductions and 
     demonstrations for discontinuance of reductions in operating 
     subsidy under the new operating fund formula, pursuant to HUD 
     regulations at 24 CFR 990.230, shall be moved forward so that 
     the first demonstration date for asset management compliance 
     shall be September 1, 2007, and reductions in subsidy for 
     calendar year 2007 shall be limited to the 5 percent amount 
     referred to in such regulations. Any public housing agency 
     that has filed information to demonstrate compliance on or 
     prior to April 15, 2007 shall be permitted to re-file the 
     same or different information to demonstrate such compliance 
     on or before September 1, 2007.

[[Page 7620]]



                               CHAPTER 11

                      GENERAL PROVISIONS--THIS ACT


                         AVAILABILITY OF FUNDS

       Sec. 4101. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.


                   EMERGENCY DESIGNATION FOR TITLE I

       Sec. 4102. Amounts provided in title I of this Act are 
     designated as emergency requirements pursuant to section 402 
     of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.


                   EMERGENCY DESIGNATION FOR TITLE II

       Sec. 4103. Amounts provided in title II of this Act are 
     designated as emergency requirements pursuant to section 402 
     of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.

                    TITLE IV--EMERGENCY FARM RELIEF

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Emergency Farm Relief Act 
     of 2007''.

     SEC. 402. DEFINITIONS.

       In this title:
       (1) Additional coverage.--The term ``additional coverage'' 
     has the meaning given the term in section 502(b)(1) of the 
     Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
       (2) Applicable crop.--The term ``applicable crop'' means 1 
     or more crops planted, or prevented from being planted, 
     during, as elected by the producers on a farm, 1 of--
       (A) the 2005 crop year;
       (B) the 2006 crop year; or
       (C) that part of the 2007 crop year that takes place before 
     the end of the applicable period.
       (3) Applicable period.--The term ``applicable period'' 
     means the period beginning on January 1, 2005 and ending on 
     February 28, 2007.
       (4) Disaster county.--The term ``disaster county'' means--
       (A) a county included in the geographic area covered by a 
     natural disaster declaration; and
       (B) each county contiguous to a county described in 
     subparagraph (A).
       (5) Hurricane-affected county.--The term ``hurricane-
     affected county'' means--
       (A) a county included in the geographic area covered by a 
     natural disaster declaration related to Hurricane Katrina, 
     Hurricane Rita, Hurricane Wilma, or a related condition; and
       (B) each county contiguous to a county described in 
     subparagraph (A).
       (6) Insurable commodity.--The term ``insurable commodity'' 
     means an agricultural commodity (excluding livestock) for 
     which the producers on a farm are eligible to obtain a policy 
     or plan of insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.).
       (7) Livestock.--The term ``livestock'' includes--
       (A) cattle (including dairy cattle);
       (B) bison;
       (C) poultry;
       (D) sheep;
       (E) swine; and
       (F) other livestock, as determined by the Secretary.
       (8) Natural disaster declaration.--The term ``natural 
     disaster declaration'' means a natural disaster declared by 
     the Secretary during the applicable period under section 
     321(a) of the Consolidated Farm and Rural Development Act (7 
     U.S.C. 1961(a)).
       (9) Noninsurable commodity.--The term ``noninsurable 
     commodity'' means a crop for which the producers on a farm 
     are eligible to obtain assistance under section 196 of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333).
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

               Subtitle A--Agricultural Production Losses

     SEC. 411. CROP DISASTER ASSISTANCE.

       (a) In General.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make emergency financial assistance authorized under this 
     section available to producers on a farm that have incurred 
     qualifying losses described in subsection (c).
       (b) Administration.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall make assistance available under this section 
     in the same manner as provided under section 815 of the 
     Agriculture, Rural Development, Food and Drug Administration 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     106-387; 114 Stat. 1549A-55), including using the same loss 
     thresholds for quantity and economic losses as were used in 
     administering that section, except that the payment rate 
     shall be 55 percent of the established price, instead of 65 
     percent.
       (2) Noninsured producers.--For producers on a farm that 
     were eligible to acquire crop insurance for the applicable 
     production loss and failed to do so or failed to submit an 
     application for the noninsured assistance program for the 
     loss, the Secretary shall make assistance in accordance with 
     paragraph (1), except that the payment rate shall be 20 
     percent of the established price, instead of 50 percent.
       (c) Qualifying Losses.--Assistance under this section shall 
     be made available to producers on farms, other than producers 
     of sugar beets, that incurred qualifying quantity or quality 
     losses for the applicable crop due to damaging weather or any 
     related condition (including losses due to crop diseases, 
     insects, and delayed harvest), as determined by the 
     Secretary.
       (d) Quality Losses.--
       (1) In general.--In addition to any payment received under 
     subsection (b), the Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make payments to producers on a farm described in subsection 
     (a) that incurred a quality loss for the applicable crop of a 
     commodity in an amount equal to the product obtained by 
     multiplying--
       (A) the payment quantity determined under paragraph (2);
       (B)(i) in the case of an insurable commodity, the coverage 
     level elected by the insured under the policy or plan of 
     insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 
     et seq.); or
       (ii) in the case of a noninsurable commodity, the 
     applicable coverage level for the payment quantity determined 
     under paragraph (2); by
       (C) 55 percent of the payment rate determined under 
     paragraph (3).
       (2) Payment quantity.--For the purpose of paragraph (1)(A), 
     the payment quantity for quality losses for a crop of a 
     commodity on a farm shall equal the lesser of--
       (A) the actual production of the crop affected by a quality 
     loss of the commodity on the farm; or
       (B)(i) in the case of an insurable commodity, the actual 
     production history for the commodity by the producers on the 
     farm under the Federal Crop Insurance Act (7 U.S.C. 1501 et 
     seq.); or
       (ii) in the case of a noninsurable commodity, the 
     established yield for the crop for the producers on the farm 
     under section 196 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333).
       (3) Payment rate.--
       (A) In general.--For the purpose of paragraph (1)(B), the 
     payment rate for quality losses for a crop of a commodity on 
     a farm shall be equal to the difference between (as 
     determined by the applicable State committee of the Farm 
     Service Agency)--
       (i) the per unit market value that the units of the crop 
     affected by the quality loss would have had if the crop had 
     not suffered a quality loss; and
       (ii) the per unit market value of the units of the crop 
     affected by the quality loss.
       (B) Factors.--In determining the payment rate for quality 
     losses for a crop of a commodity on a farm, the applicable 
     State committee of the Farm Service Agency shall take into 
     account--
       (i) the average local market quality discounts that 
     purchasers applied to the commodity during the first 2 months 
     following the normal harvest period for the commodity;
       (ii) the loan rate and repayment rate established for the 
     commodity under the marketing loan program established for 
     the commodity under subtitle B of title I of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et 
     seq.);
       (iii) the market value of the commodity if sold into a 
     secondary market; and
       (iv) other factors determined appropriate by the committee.
       (4) Eligibility.--
       (A) In general.--For producers on a farm to be eligible to 
     obtain a payment for a quality loss for a crop under this 
     subsection--
       (i) the amount obtained by multiplying the per unit loss 
     determined under paragraph (1) by the number of units 
     affected by the quality loss shall be reduced by the amount 
     of any indemnification received by the producers on the farm 
     for quality loss adjustment for the commodity under a policy 
     or plan of insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.); and
       (ii) the remainder shall be at least 25 percent of the 
     value that all affected production of the crop would have had 
     if the crop had not suffered a quality loss.
       (B) Ineligibility.--If the amount of a quality loss payment 
     for a commodity for the producers on a farm determined under 
     this paragraph is equal to or less than zero, the producers 
     on the farm shall be ineligible for assistance for the 
     commodity under this subsection.
       (5) Eligible production.--The Secretary shall carry out 
     this subsection in a fair and equitable manner for all 
     eligible production, including the production of fruits and 
     vegetables, other specialty crops, and field crops.
       (e) Election of Crop Year.--If a producer incurred 
     qualifying crop losses in more than 1 of the crop years 
     during the applicable period, the producers on a farm shall 
     elect to receive assistance under this section for losses 
     incurred in only 1 of the crop years.
       (f) Payment Limitation.--
       (1) Limitation.--Assistance provided under this section to 
     the producers on a farm for losses to a crop, together with 
     the amounts specified in paragraph (2) applicable to the same 
     crop, may not exceed 95 percent of what the value of the crop 
     would have been in the absence of the losses, as estimated by 
     the Secretary.
       (2) Other payments.--In applying the limitation in 
     paragraph (1), the Secretary shall include the following:
       (A) Any crop insurance payment made under the Federal Crop 
     Insurance Act (7

[[Page 7621]]

     U.S.C. 1501 et seq.) or payment under section 196 of the 
     Federal Agricultural Improvement and Reform Act of 1996 (7 
     U.S.C. 7333) that the producers on the farm receive for 
     losses to the same crop.
       (B) The value of the crop that was not lost (if any), as 
     estimated by the Secretary.
       (g) Timing.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall make payments to producers on a farm for a crop under 
     this section not later than 60 days after the date the 
     producers on the farm submit to the Secretary a completed 
     application for the payments.
       (2) Interest.--If the Secretary does not make payments to 
     the producers on a farm by the date described in paragraph 
     (1), the Secretary shall pay to the producers on a farm 
     interest on the payments at a rate equal to the current (as 
     of the sign-up deadline established by the Secretary) market 
     yield on outstanding, marketable obligations of the United 
     States with maturities of 30 years.

     SEC. 412. DAIRY ASSISTANCE.

       The Secretary shall use $95,000,000 of funds of the 
     Commodity Credit Corporation to make payments to dairy 
     producers for dairy production losses in disaster counties.

     SEC. 413. MILK INCOME LOSS CONTRACT PROGRAM.

       Section 1502(c)(3) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7982(c)(3)) is amended--
       (1) in subparagraph (A), by adding ``and'' at the end;
       (2) in subparagraph (B), by striking ``August'' and all 
     that follows through the end and inserting ``September 30, 
     2007, 34 percent.''; and
       (3) by striking subparagraph (C).

     SEC. 414. LIVESTOCK ASSISTANCE.

       (a) Livestock Compensation Program.--
       (1) Use of commodity credit corporation funds.--Effective 
     beginning on the date of enactment of this Act, the Secretary 
     shall use funds of the Commodity Credit Corporation to carry 
     out the 2002 Livestock Compensation Program announced by the 
     Secretary on October 10, 2002 (67 Fed. Reg. 63070), to 
     provide compensation for livestock losses during the 
     applicable period for losses (including losses due to 
     blizzards that began in calendar year 2006 and continued in 
     January 2007) due to a disaster, as determined by the 
     Secretary, except that the payment rate shall be 80 percent 
     of the payment rate established for the 2002 Livestock 
     Compensation Program.
       (2) Eligible applicants.--In carrying out the program 
     described in paragraph (1), the Secretary shall provide 
     assistance to any applicant for livestock losses during the 
     applicable period that--
       (A)(i) conducts a livestock operation that is located in a 
     disaster county, including any applicant conducting a 
     livestock operation with eligible livestock (within the 
     meaning of the livestock assistance program under section 
     101(b) of division B of Public Law 108-324 (118 Stat. 1234)); 
     or
       (ii) produces an animal described in section 10806(a)(1) of 
     the Farm Security and Rural Investment Act of 2002 (21 U.S.C. 
     321d(a)(1));
       (B) demonstrates to the Secretary that the applicant 
     suffered a material loss of pasture or hay production, or 
     experienced substantially increased feed costs, due to 
     damaging weather or a related condition during the calendar 
     year, as determined by the Secretary; and
       (C) meets all other eligibility requirements established by 
     the Secretary for the program.
       (3) Mitigation.--In determining the eligibility for or 
     amount of payments for which a producer is eligible under the 
     livestock compensation program, the Secretary shall not 
     penalize a producer that takes actions (recognizing disaster 
     conditions) that reduce the average number of livestock the 
     producer owned for grazing during the production year for 
     which assistance is being provided.
       (4) Payments for reduction in grazing on federal land.--
       (A) In general.--In carrying out this subsection, the 
     Secretary shall make payments to livestock producers that are 
     in proportion to any reduction during calendar year 2007 in 
     grazing on Federal land in a disaster county leased by the 
     producers a result of actions described in subparagraph (B).
       (B) Federal actions.--Actions referred to in subparagraph 
     (A) are actions taken during calendar year 2007 by the Bureau 
     of Land Management or other Federal agency to restrict or 
     prohibit grazing otherwise allowed under the terms of the 
     lease of the producers in order to expedite the recovery of 
     the Federal land from drought, wildfire, or other natural 
     disaster declared by the Secretary during the applicable 
     period.
       (5) Limitation.--The Secretary shall ensure, to the maximum 
     extent practicable, that producers on a farm do not receive 
     duplicative payments under this subsection and another 
     Federal program with respect to any loss.
       (b) Livestock Indemnity Payments.--
       (1) In general.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation to 
     make livestock indemnity payments to producers on farms that 
     have incurred livestock losses during the applicable period 
     (including losses due to blizzards that began in calendar 
     year 2006 and continued in January 2007) due to a disaster, 
     as determined by the Secretary, including losses due to 
     hurricanes, floods, anthrax, wildfires, and extreme heat.
       (2) Payment rates.--Indemnity payments to a producer on a 
     farm under paragraph (1) shall be made at a rate of not less 
     than 30 percent of the market value of the applicable 
     livestock on the day before the date of death of the 
     livestock, as determined by the Secretary.
       (c) Ewe Lamb Replacement and Retention.--
       (1) In general.--The Secretary shall use $13,000,000 of 
     funds of the Commodity Credit Corporation to make payments to 
     producers located in disaster counties under the Ewe Lamb 
     Replacement and Retention Payment Program under part 784 of 
     title 7, Code of Federal Regulations (or a successor 
     regulation) for each qualifying ewe lamb retained or 
     purchased during the period beginning on January 1, 2006, and 
     ending on December 31, 2006, by the producers.
       (2) Ineligibility for other assistance.--A producer that 
     receives assistance under this subsection shall not be 
     eligible to receive assistance under subsection (a).
       (d) Election of Production Year.--If a producer incurred 
     qualifying production losses in more than one of the 
     production years, the producers on a farm shall elect to 
     receive assistance under this section in only one of the 
     production years.
       (e) Exception.--Notwithstanding any other provision of this 
     section, livestock producers on a farm shall be eligible to 
     receive assistance under subsection (a) or livestock 
     indemnity payments under subsection (b) if the producers on a 
     farm--
       (1) have livestock operations in a county included in the 
     geographic area covered by a major disaster or emergency 
     designated by the President under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.) due to blizzards, ice storms, or other winter-
     related causes during the period of December 2006 through 
     January 2007; and
       (2) meet all eligibility requirements for the assistance or 
     payments other than the requirements relating to disaster 
     declarations by the Secretary under subsections (a) and 
     (b)(1).

     SEC. 415. FLOODED CROP AND GRAZING LAND.

       (a) In General.--The Secretary shall compensate eligible 
     owners of flooded crop and grazing land in the State of North 
     Dakota.
       (b) Eligibility.--
       (1) In general.--To be eligible to receive compensation 
     under this section, an owner shall own land described in 
     subsection (a) that, during the 2 crop years preceding 
     receipt of compensation, was rendered incapable of use for 
     the production of an agricultural commodity or for grazing 
     purposes (in a manner consistent with the historical use of 
     the land) as the result of flooding, as determined by the 
     Secretary.
       (2) Inclusions.--Land described in paragraph (1) shall 
     include--
       (A) land that has been flooded;
       (B) land that has been rendered inaccessible due to 
     flooding; and
       (C) a reasonable buffer strip adjoining the flooded land, 
     as determined by the Secretary.
       (3) Administration.--The Secretary may establish--
       (A) reasonable minimum acreage levels for individual 
     parcels of land for which owners may receive compensation 
     under this section; and
       (B) the location and area of adjoining flooded land for 
     which owners may receive compensation under this section.
       (c) Sign-up.--The Secretary shall establish a sign-up 
     program for eligible owners to apply for compensation from 
     the Secretary under this section.
       (d) Compensation Payments.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     rate of an annual compensation payment under this section 
     shall be equal to 90 percent of the average annual per acre 
     rental payment rate (at the time of entry into the contract) 
     for comparable crop or grazing land that has not been flooded 
     and remains in production in the county where the flooded 
     land is located, as determined by the Secretary.
       (2) Reduction.--An annual compensation payment under this 
     section shall be reduced by the amount of any conservation 
     program rental payments or Federal agricultural commodity 
     program payments received by the owner for the land during 
     any crop year for which compensation is received under this 
     section.
       (3) Exclusion.--During any year in which an owner receives 
     compensation for flooded land under this section, the owner 
     shall not be eligible to participate in or receive benefits 
     for the flooded land under--
       (A) the Federal crop insurance program established under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
       (B) the noninsured crop assistance program established 
     under section 196 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333); or
       (C) any Federal agricultural crop disaster assistance 
     program.
       (e) Relationship to Agricultural Commodity Programs.--The 
     Secretary, by regulation, shall provide for the preservation 
     of

[[Page 7622]]

     cropland base, allotment history, and payment yields 
     applicable to land described in subsection (a) that was 
     rendered incapable of use for the production of an 
     agricultural commodity or for grazing purposes as the result 
     of flooding.
       (f) Use of Land.--
       (1) In general.--An owner that receives compensation under 
     this section for flooded land shall take such actions as are 
     necessary to not degrade any wildlife habitat on the land 
     that has naturally developed as a result of the flooding.
       (2) Recreational activities.--To encourage owners that 
     receive compensation for flooded land to allow public access 
     to and use of the land for recreational activities, as 
     determined by the Secretary, the Secretary may--
       (A) offer an eligible owner additional compensation; and
       (B) provide compensation for additional acreage under this 
     section.
       (g) Funding.--
       (1) In general.--The Secretary shall use $6,000,000 of 
     funds of the Commodity Credit Corporation to carry out this 
     section.
       (2) Pro-rated payments.--In a case in which the amount made 
     available under paragraph (1) for a fiscal year is 
     insufficient to compensate all eligible owners under this 
     section, the Secretary shall pro-rate payments for that 
     fiscal year on a per acre basis.

     SEC. 416. SUGAR BEET AND SUGAR CANE DISASTER ASSISTANCE.

       (a) In General.--The Secretary shall use $24,000,000 of 
     funds of the Commodity Credit Corporation to provide 
     assistance to sugar beet producers that suffered production 
     losses (including quality losses) for the applicable crop.
       (b) Requirement.--The Secretary shall make payments under 
     subsection (a) in the same manner as payments were made under 
     section 208 of the Agricultural Assistance Act of 2003 
     (Public Law 108-7; 117 Stat. 544), including using the same 
     indemnity benefits as were used in carrying out that section.
       (c) Hawaii.--The Secretary shall use $3,000,000 of funds of 
     the Commodity Credit Corporation to assist sugarcane growers 
     in Hawaii by making a payment in that amount to an 
     agricultural transportation cooperative in Hawaii, the 
     members of which are eligible to obtain a loan under section 
     156(a) of the Federal Agriculture Improvement and Reform Act 
     of 1996 (7 U.S.C. 7272(a)).
       (d) Election of Crop Year.--If a producer incurred 
     qualifying crop losses in more than one of the crop years 
     during the applicable period, the producers on a farm shall 
     elect to receive assistance under this section for losses 
     incurred in only one of the crop years.

     SEC. 417. NONINSURED CROP ASSISTANCE PROGRAM.

       Section 196(c) of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333(c)) is amended by adding at 
     the end the following:
       ``(5) Loss assessment for grazing.--The Secretary shall 
     permit the use of 1 claims adjustor certified by the 
     Secretary to assess the quantity of loss on the acreage or 
     allotment of a producer devoted to grazing for livestock 
     under this section.''.

     SEC. 418. REDUCTION IN PAYMENTS.

       The amount of any payment for which a producer is eligible 
     under this subtitle shall be reduced by any amount received 
     by the producer for the same loss or any similar loss under--
       (1) the Department of Defense, Emergency Supplemental 
     Appropriations to Address Hurricanes in the Gulf of Mexico, 
     and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 
     Stat. 2680);
       (2) an agricultural disaster assistance provision contained 
     in the announcement of the Secretary on January 26, 2006, or 
     August 29, 2006;
       (3) the Emergency Supplemental Appropriations Act for 
     Defense, the Global War on Terror, and Hurricane Recovery, 
     2006 (Public Law 109-234; 120 Stat. 418); or
       (4) the Livestock Assistance Grant Program announced by the 
     Secretary on August 29, 2006.

         Subtitle B--Small Business Economic Loss Grant Program

     SEC. 421. SMALL BUSINESS ECONOMIC LOSS GRANT PROGRAM.

       (a) Definition of Qualified State.--In this section, the 
     term ``qualified State'' means a State in which at least 50 
     percent of the counties of the State were declared to be 
     primary agricultural disaster areas by the Secretary during 
     the applicable period.
       (b) Grants to Qualified States.--
       (1) In general.--The Secretary shall use $100,000,000 of 
     funds of the Commodity Credit Corporation to make grants to 
     State departments of agriculture or comparable State agencies 
     in qualified States.
       (2) Amount.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     shall allocate grants among qualified States described in 
     paragraph (1) based on the average value of agricultural 
     sector production in the qualified State, determined as a 
     percentage of the gross domestic product of the qualified 
     State.
       (B) Minimum amount.--The minimum amount of a grant under 
     this subsection shall be $500,000.
       (3) Requirement.--To be eligible to receive a grant under 
     this subsection, a qualified State shall agree to carry out 
     an expedited disaster assistance program to provide direct 
     payments to qualified small businesses in accordance with 
     subsection (c).
       (c) Direct Payments to Qualified Small Businesses.--
       (1) In general.--In carrying out an expedited disaster 
     assistance program described in subsection (b)(3), a 
     qualified State shall provide direct payments to eligible 
     small businesses in the qualified State that suffered 
     material economic losses during the applicable period as a 
     direct result of weather-related agricultural losses to the 
     crop or livestock production sectors of the qualified State, 
     as determined by the Secretary.
       (2) Eligibility.--
       (A) In general.--To be eligible to receive a direct payment 
     under paragraph (1), a small business shall--
       (i) have less than $15,000,000 in average annual gross 
     income from all business activities, at least 75 percent of 
     which shall be directly related to production agriculture or 
     agriculture support industries, as determined by the 
     Secretary;
       (ii) verify the amount of economic loss attributable to 
     weather-related agricultural losses using such documentation 
     as the Secretary and the head of the qualified State agency 
     may require;
       (iii) have suffered losses attributable to weather-related 
     agricultural disasters that equal at least 50 percent of the 
     total economic loss of the small business for each year a 
     grant is requested; and
       (iv) demonstrate that the grant will materially improve the 
     likelihood the business will--

       (I) recover from the disaster; and
       (II) continue to service and support production 
     agriculture.

       (B) Emergency grants to assist low-income migrant and 
     seasonal farmworkers.--
       (i) Funds made available by this subtitle may be used to 
     carry out assistance programs in States that are consistent 
     with the purpose and intent of the program authorized at 
     section 2281 of the Food, Agriculture, Conservation and Trade 
     Act of 1990 (42 U.S.C. 5177a).
       (ii) In carrying out this subparagraph, a qualified State 
     may waive the gross income requirement at subparagraph (A)(i) 
     of this paragraph.
       (3) Requirements.--A direct payment to small business under 
     this subsection shall--
       (A) be limited to not more than 2 years of documented 
     losses; and
       (B) be in an amount of not more than 75 percent of the 
     documented average economic loss attributable to weather-
     related agriculture disasters for each eligible year in the 
     qualified State.
       (4) Insufficient funding.--If the grant funds received by a 
     qualified State agency under subsection (b) are insufficient 
     to fund the direct payments of the qualified State agency 
     under this subsection, the qualified State agency may apply a 
     proportional reduction to all of the direct payments.

                          Subtitle C--Forestry

     SEC. 431. TREE ASSISTANCE PROGRAM.

       (a) Definition of Tree.--In this section, the term ``tree'' 
     includes--
       (1) a tree (including a Christmas tree, ornamental tree, 
     nursery tree, and potted tree);
       (2) a bush (including a shrub, nursery shrub, nursery bush, 
     ornamental bush, ornamental shrub, potted bush, and potted 
     shrub); and
       (3) a vine (including a nursery vine and ornamental vine).
       (b) Program.--Except as otherwise provided in this section, 
     the Secretary shall use such sums as are necessary of the 
     funds of the Commodity Credit Corporation to provide 
     assistance under the terms and conditions of the tree 
     assistance program established under subtitle C of title X of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     8201 et seq.) to--
       (1) producers who suffered tree losses in disaster 
     counties; and
       (2) fruit and tree nut producers in disaster counties.
       (c) Costs.--Funds made available under this section shall 
     also be made available to cover costs associated with tree 
     pruning, tree rehabilitation, and other appropriate tree-
     related activities as determined by the Secretary.
       (d) Scope of Assistance.--Assistance under this section 
     shall compensate for losses resulting from disasters during 
     the applicable period.

                        Subtitle D--Conservation

     SEC. 441. EMERGENCY CONSERVATION PROGRAM.

       The Secretary shall use an additional $35,000,000 of funds 
     of the Commodity Credit Corporation to carry out emergency 
     measures, including wildfire recovery efforts in Montana and 
     other States, identified by the Administrator of the Farm 
     Service Agency as of the date of enactment of this Act 
     through the emergency conservation program established under 
     title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 
     2201 et seq.), of which $3,000,000 shall be to repair broken 
     irrigation pipelines and damaged and collapsed water tanks, 
     $1,000,000 to provide emergency loans for losses of 
     agricultural income, and $2,000,000 to repair ditch 
     irrigation

[[Page 7623]]

     systems in conjunction with the Presidential declaration of a 
     major disaster (FEMA-1664-DR), dated October 17, 2006, and 
     related determinations issued under the authority of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act, 42 U.S.C. 5121-5206 (the Stafford Act): Provided, That 
     the Secretary may transfer a portion of these funds to the 
     Natural Resources Conservation Service, to include Resource 
     Conservation and Development councils.

     SEC. 442. EMERGENCY WATERSHED PROTECTION PROGRAM.

       The Secretary shall use an additional $50,000,000 of funds 
     of the Commodity Credit Corporation to carry out emergency 
     measures identified by the Chief of the Natural Resources 
     Conservation Service as of the date of enactment of this Act 
     through the emergency watershed protection program 
     established under section 403 of the Agricultural Credit Act 
     of 1978 (16 U.S.C. 2203).

     SEC. 443. CONSERVATION SECURITY PROGRAM.

       Section 20115 of Public Law 110-5 is amended by striking 
     ``section 726'' and inserting in lieu thereof ``section 726; 
     section 741''.

                    Subtitle E--Farm Service Agency

     SEC. 451. FUNDING FOR ADDITIONAL PERSONNEL AND ADMINISTRATIVE 
                   SUPPORT.

       The Secretary shall use $30,000,000 of funds of the 
     Commodity Credit Corporation--
       (1) of which $9,000,000 shall be used to hire additional 
     County Farm Service Agency personnel to expedite the 
     implementation of, and delivery under, the agricultural 
     disaster and economic assistance programs under this title; 
     and
       (2) to be used as the Secretary determines to be necessary 
     to carry out this and other agriculture and disaster 
     assistance programs.

                       Subtitle F--Miscellaneous

     SEC. 461. CONTRACT WAIVER.

       In carrying out this title and section 101(a)(5) of the 
     Emergency Supplemental Appropriations for Hurricane Disasters 
     Assistance Act, 2005 (Public Law 108-324; 118 Stat. 1233), 
     the Secretary shall not require participation in a crop 
     insurance pilot program relating to forage.

     SEC. 462. INSECT INFESTATIONS.

       (a) In General.--The Secretary, acting through the 
     Administrator of the Animal and Plant Health Inspection 
     Service, shall use not less than $20,000,000 of funds made 
     available from the Commodity Credit Corporation for the 
     Animal and Plant Health Inspection Service to survey and 
     control insect infestations in the States of Nevada, Idaho, 
     and Utah.
       (b) Use of Funds.--Funds described in subsection (a) shall 
     be used in a manner that promotes cooperative efforts between 
     Federal programs (including the plant protection and 
     quarantine program of the Animal and Plant Health Inspection 
     Service) and State and local programs carried out, in whole 
     or in part, with Federal funds to fight insect outbreaks.

     SEC. 463. FUNDING.

       The Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this title, to remain available until expended.

     SEC. 464. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this title.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this title shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

                   Subtitle G--Emergency Designation

     SEC. 471. EMERGENCY DESIGNATION.

       The amounts provided under this title are designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress).
       This Act may be cited as the ``U.S. Troop Readiness, 
     Veterans' Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007''.
                                 ______
                                 
  SA 642. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 641 proposed by Mr. Byrd to the bill H.R. 1591, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 60, line 13, strike ``$150,000,000'' and insert 
     ``$755,000,000''.

       On page 60, line 16, insert after ``area'' the following: 
     ``Provided, That $605,000,000 shall be for construction of 
     the Inner Harbor Navigation Canal Lock replacement project, 
     to remain available until expended''.
                                 ______
                                 
  SA 643. Mr. COCHRAN (for himself, Mr. McCain, Mr. Lieberman, Mr. 
Graham, Mr. Warner, Mr. Stevens, Mr. Brownback, Mr. Shelby, Mr. Craig, 
Mr. Allard, Mr. Bennett, and Mr. Enzi) proposed an amendment to 
amendment SA 641 proposed by Mr. Byrd to the bill H.R. 1591, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2007, and for other purposes; as follows:

       On page 24, strike line 16 and all that follows through 
     page 26, line 24 and insert:

     ``SEC. 1315. BENCHMARKS FOR THE GOVERNMENT OF IRAQ.--''

                                 ______
                                 
  SA 644. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 1591, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 41, line 19 strike $214,000,000 and insert 
     $214,000,001
                                 ______
                                 
  SA 645. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 1591, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       In the amendment strike $214,000,001 and insert 
     $214,000,002.
                                 ______
                                 
  SA 646. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her to the bill H.R. 1591, making emergency supplemental 
appropriations 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. ___. Notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs is authorized to convey without 
     consideration to the State of Texas all right, title, and 
     interest of the United States in and to a parcel of real 
     property comprising the location of the Marlin, Texas 
     Department of Veterans Affairs Medical Center. In so 
     conveying, the Secretary need not comply with Federal laws 
     relating to the environment and historic preservation. 
     However, the Secretary may at his discretion undertake 
     environmental cleanup at a cost not to exceed $500,000 
     utilizing appropriations available for the environmental 
     cleanup of sites under the Department's jurisdiction. The 
     purpose of the conveyance is to permit the State of Texas to 
     utilize the property for purposes of a prison.''
                                 ______
                                 
  SA 647. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 1591, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2007, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 72, between lines 7 and 8, insert the following:

     SEC. 2504. MAJOR DISASTER OR EMERGENCY BENEFITS.

       (a) Fraud in Connection With Major Disaster or Emergency 
     Benefits.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1040. Fraud in connection with major disaster or 
       emergency benefits

       ``(a) Whoever, in a circumstance described in subsection 
     (b) of this section, knowingly--
       ``(1) falsifies, conceals, or covers up by any trick, 
     scheme, or device any material fact; or
       ``(2) makes any materially false, fictitious, or fraudulent 
     statement or representation, or makes or uses any false 
     writing or document knowing the same to contain any 
     materially false, fictitious, or fraudulent statement or 
     representation,
     in any matter involving any benefit authorized, transported, 
     transmitted, transferred, disbursed, or paid in connection 
     with a major disaster declaration under section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170) or an emergency declaration under 
     section 501 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5191), or in connection 
     with any procurement of property or services related to any 
     emergency or major disaster declaration as a prime contractor 
     with the United States or as a subcontractor or supplier on a 
     contract in which there is a prime contract with the United 
     States, shall be fined under this title, imprisoned not more 
     than 30 years, or both.
       ``(b) A circumstance described in this subsection is any 
     instance where--
       ``(1) the authorization, transportation, transmission, 
     transfer, disbursement, or payment of the benefit is in or 
     affects interstate or foreign commerce;

[[Page 7624]]

       ``(2) the benefit is transported in the mail at any point 
     in the authorization, transportation, transmission, transfer, 
     disbursement, or payment of that benefit; or
       ``(3) the benefit is a record, voucher, payment, money, or 
     thing of value of the United States, or of any department or 
     agency thereof.
       ``(c) In this section, the term `benefit' means any record, 
     voucher, payment, money or thing of value, good, service, 
     right, or privilege provided by the United States, a State or 
     local government, or other entity.''.
       (2) Clerical amendment.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``1040. Fraud in connection with major disaster or emergency 
              benefits.''.

       (b) Increased Criminal Penalties for Engaging in Wire, 
     Radio, and Television Fraud During and Relation to a 
     Presidentially Declared Major Disaster or Emergency.--Section 
     1343 of title 18, United States Code, is amended by 
     inserting: ``occurs in relation to, or involving any benefit 
     authorized, transported, transmitted, transferred, disbursed, 
     or paid in connection with, a presidentially declared major 
     disaster or emergency (as those terms are defined in section 
     102 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122)), or'' after ``If the 
     violation''.
       (c) Increased Criminal Penalties for Engaging in Mail Fraud 
     During and in Relation to a Presidentially Declared Major 
     Disaster or Emergency.--Section 1341 of title 18, United 
     States Code, is amended by inserting: ``occurs in relation 
     to, or involving any benefit authorized, transported, 
     transmitted, transferred, disbursed, or paid in connection 
     with, a presidentially declared major disaster or emergency 
     (as those terms are defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)), or'' after ``If the violation''.
       (d) Directive to Sentencing Commission.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, and in accordance 
     with this subsection, the United States Sentencing Commission 
     forthwith shall--
       (A) promulgate sentencing guidelines or amend existing 
     sentencing guidelines to provide for increased penalties for 
     persons convicted of fraud or theft offenses in connection 
     with a major disaster declaration under section 401 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170) or an emergency declaration under 
     section 501 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5191); and
       (B) submit to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives an explanation of actions taken by the 
     Commission pursuant to subparagraph (A) and any additional 
     policy recommendations the Commission may have for combating 
     offenses described in that subparagraph.
       (2) Requirements.--In carrying out this subsection, the 
     Sentencing Commission shall--
       (A) ensure that the sentencing guidelines and policy 
     statements reflect the serious nature of the offenses 
     described in paragraph (1) and the need for aggressive and 
     appropriate law enforcement action to prevent such offenses;
       (B) assure reasonable consistency with other relevant 
     directives and with other guidelines;
       (C) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including circumstances for 
     which the sentencing guidelines currently provide sentencing 
     enhancements;
       (D) make any necessary conforming changes to the sentencing 
     guidelines; and
       (E) assure that the guidelines adequately meet the purposes 
     of sentencing as set forth in section 3553(a)(2) of title 18, 
     United States Code.
       (3) Emergency authority and deadline for commission 
     action.--The Commission shall promulgate the guidelines or 
     amendments provided for under this subsection as soon as 
     practicable, and in any event not later than the 30 days 
     after the date of enactment of this Act, in accordance with 
     the procedures set forth in section 21(a) of the Sentencing 
     Reform Act of 1987, as though the authority under that Act 
     had not expired.

                          ____________________




                      NOTICES OF HEARINGS/MEETINGS


                 committee on rules and administration

  Mrs. FEINSTEIN. Mr. President, I wish to announce that the Committee 
on Rules and Administration will meet on Wednesday, April 11, 2007, at 
10 a.m., to conduct an oversight hearing on the Smithsonian 
Institution.
  For further information regarding this hearing, please contact Howard 
Gantman at the Rules and Administration Committee on 224-6352.

                          ____________________




                    AUTHORITY FOR COMMITTEES TO MEET


               committee on energy and natural resources

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Committee on Energy and Natural Resources be authorized to hold a 
Roundtable Discussion during the session of the Senate on Monday, March 
26, 2007, at 2:30 p.m. in room SD-G50 of the Dirksen Senate Office 
Building.
  The purpose of the Roundtable is to discuss the progress of the 
European Union's Emissions Trading Scheme and to receive information on 
lessons learned for policymakers who want to better understand how a 
market-based trading program could operate efficiently and effectively 
in the United States.
  The PRESIDING OFFICER. Without objection, it is so ordered.


           subcommittee on emerging threats and capabilities

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Subcommittee on Emerging Threats and Capabilities be authorized to meet 
during the session of the Senate on Monday, March 26, 2007, at 2 p.m., 
to receive a briefing on the reorganization of the office of the Under 
Secretary of Defense for Policy.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                subcommittee on human rights and the law

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Subcommittee on Human Rights and the Law be authorized to meet on 
Monday, March 26, 2007, at 3 p.m., to conduct a hearing on ``Legal 
Options to Stop Human Trafficking,'' in Room 226 of the Dirksen Senate 
Office Building.
  Grace Chung Becker, Deputy Assistant Attorney General for Civil 
Rights, United States Department of Justice, Washington, DC; Katherine 
Kaufka, Supervising Attorney, Counter-Trafficking Services Program, 
National Immigrant Justice Center, Heartland Alliance for Human Needs & 
Human Rights, Chicago, IL; Martina E. Vandenberg, Attorney, Jenner & 
Block, Washington, DC; and Holly J. Burkhalter, Vice President, 
International Justice Mission, Washington, DC.
  The PRESIDING OFFICER. Without objection, it is so ordered.


    subcommittee on oversight of Government management, the federal 
                 workforce and the district of columbia

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the 
Subcommittee on Oversight of Government Management, the Federal 
Workforce and the District of Columbia be authorized to meet on Monday, 
March 26, 2007, at 2:30 p.m., for a hearing entitled, Understanding the 
Realities of REAL ID: A Review of Efforts to Secure Drivers' Licenses 
and Identification Cards.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. COCHRAN. Madam President, I ask unanimous consent that Yvonne 
Stone, a detailee from the Department of Veterans Affairs, be granted 
floor privileges for the duration of the debate on H.R. 1591, the 
emergency war supplemental.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. COCHRAN. I also ask unanimous consent that Earl Rilington and 
Eric Perritt, Fellows serving in my office, be granted floor privileges 
for the duration of the debate on H.R. 1591, the fiscal year 2007 
emergency supplemental appropriations bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BYRD. Madam President, I ask unanimous consent that Adam Morrison 
and Tad Gallion be granted floor privileges during the debate on this 
measure.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. I ask unanimous consent that my State Department fellow, 
Mike Stanton, and my Marine Corps fellow, Mark Carlton, be granted 
floor privileges for the duration of debate on H.R. 1591 supplemental 
appropriations bill.
  The PRESIDING OFFICER. Without objection, it is so ordered

[[Page 7625]]



                          ____________________




          UNANIMOUS CONSENT AGREEMENT--NOMINATION OF GEORGE WU

  Mr. REID. Mr. President, I ask unanimous consent that tomorrow at 
11:50 a.m., the Senate proceed to executive session to consider the 
nomination of George Wu to be a U.S. district judge, Calendar No. 38; 
that there be 20 minutes for debate equally divided between the 
chairman and ranking member of the Judiciary Committee; that at the 
conclusion of or yielding back of time, the Senate vote on the 
confirmation of the nomination; that following the vote, the motion to 
reconsider be laid on the table, the President be immediately notified 
of the Senate's action, and the Senate then resume legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                   CONGRATULATING THE EUROPEAN UNION

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to the consideration of S. Res. 124 submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 124) congratulating the European 
     Union on the 50th anniversary of the signing of the Treaty of 
     Rome creating the European Economic Community among 6 
     European countries and laying the foundations for peace, 
     stability, and prosperity in Europe.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. REID. I ask unanimous consent the resolution be agreed to, the 
preamble be agreed to, the motion to reconsider be laid on the table, 
and any statements be printed in the Record.
  The resolution (S. Res. 124) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 124

       Whereas after a half century of war and upheaval, and in 
     the face of economic and political crises and the threat of 
     communism, European visionaries began a process to bring the 
     countries of Europe into closer economic and political 
     cooperation to help secure peace and prosperity for the 
     peoples of Europe;
       Whereas, on March 25, 1957, 6 European countries--the 
     Federal Republic of Germany, France, Italy, Belgium, the 
     Netherlands, and Luxembourg--signed the Treaty of Rome, 
     creating the European Economic Community;
       Whereas the Treaty of Rome established a customs union 
     between the signatory countries, but also did much more, 
     creating a framework that has broadened and deepened over 
     time into the European Union, promoting the free movement of 
     people, services, and capital, and common policies among the 
     countries in important areas, and that has helped secure the 
     spread of peace and stability in Europe;
       Whereas the European Economic Community expanded to bring 
     more European countries into closer union, with the United 
     Kingdom, Denmark, and Ireland joining in 1973, Greece joining 
     in 1981, and Spain and Portugal joining in 1986;
       Whereas the member countries of the European Economic 
     Community agreed to the Single European Act in 1987, paving 
     the way for a single European market, and on February 7, 
     1992, the member countries of the European Community signed 
     the Treaty of Maastricht, furthering the economic and 
     political ties among the member countries and creating the 
     European Union;
       Whereas the European Union has continued to grow so that 
     the European Union now comprises 27 countries with a 
     population of over 450,000,000, after the successful 
     unification of Germany in 1990 and the joining of Austria, 
     Finland, and Sweden in 1995, Cyprus, the Czech Republic, 
     Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, 
     and Slovenia in 2004, and Bulgaria and Romania in 2007, and 
     the European Union continues to consider expanding to include 
     other countries central to the history and future of Europe;
       Whereas the European Union has developed a broad acquis 
     communautaire covering policies in the economic, security, 
     diplomatic, and political areas, has established a single 
     market, has built an economic and monetary union, including 
     the Euro currency, and has built an area of freedom, 
     security, peace, and justice, extending stability to its 
     neighbors;
       Whereas the European Union played a key role at the end of 
     the Cold War in helping to spread free markets, democratic 
     institutions and values, and respect for human rights to the 
     former central European communist states;
       Whereas the United States and the European Union have 
     shared a unique partnership based on a common heritage, 
     shared values, and mutual interests, and have worked together 
     to strengthen international cooperation and institutions, to 
     create a more open international trading system, to ensure 
     transatlantic and global security, to preserve and promote 
     peace, freedom, and democracy, and to advance human rights; 
     and
       Whereas the United States has supported the European 
     integration process and has consistently supported the 
     objective of European unity and the enlargement of the 
     European Union to promote prosperity, peace, and democracy: 
     Now, therefore, be it
       Resolved, That the Senate--
       (1) congratulates the European Union and the member 
     countries of the European Union on the 50th anniversary of 
     the historic signing of the Treaty of Rome;
       (2) commends the European Union for the critical role it 
     and its predecessor organizations have played in spreading 
     peace, stability, and prosperity throughout Europe; and
       (3) affirms the desire of the United States to strengthen 
     the transatlantic partnership with the European Union and 
     with all of its member countries.

                          ____________________




              PERMITTING USE OF THE ROTUNDA OF THE CAPITOL

  Mr. REID. Mr. President, I ask unanimous consent the Senate proceed 
to the consideration of H. Con. Res. 66.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A concurrent resolution (H. Con. Res. 66) permitting the 
     use of the rotunda of the Capitol for a ceremony as part of 
     the commemoration of the days of remembrance of victims of 
     the Holocaust.

  There being no objection, the Senate proceeded to consider the 
concurrent resolution.
  Mr. REID. I ask unanimous consent the concurrent resolution be agreed 
to and the motion to reconsider be laid on the table, with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (H. Con. Res. 66) was agreed to.

                          ____________________




                   ORDERS FOR TUESDAY, MARCH 27, 2007

  Mr. REID. Mr. President, I ask unanimous consent that when the Senate 
completes its business today, it stand adjourned until 10 a.m., 
Tuesday, March 27; that on Tuesday, following the prayer and pledge, 
the Journal of proceedings be approved to date, the morning hour be 
deemed expired, the time for the two leaders be reserved for their use 
later in the day, that there then be a period for morning business for 
60 minutes with Senators permitted to speak therein for up to 10 
minutes each, the first 30 minutes under the control of the 
Republicans, and the final 30 minutes under the control of the 
majority; that at the close of morning business, the Senate resume 
consideration of H.R. 1591; that on Tuesday, following the vote on the 
judicial nomination, the Senate stand in recess until 2:15 p.m. in 
order to accommodate the respective party conference work periods. I 
further ask unanimous consent that Members have until 2:30 to file 
first-degree amendments for the matter pending.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                   ADJOURNMENT UNTIL 10 A.M. TOMORROW

  Mr. REID. If there is no further business today, I ask unanimous 
consent the Senate stand adjourned under the previous order.
  There being no objection, the Senate, at 6:56 p.m., adjourned until 
Tuesday, March 27, 2007, at 10 a.m.  

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate March 26, 2007:


                       DEPARTMENT OF THE INTERIOR

       R. LYLE LAVERTY, OF COLORADO, TO BE ASSISTANT SECRETARY FOR 
     FISH AND WILDLIFE, VICE HAROLD CRAIG MANSON.


                          DEPARTMENT OF STATE

       JANET E. GARVEY, OF MASSACHUSETTS, A CAREER MEMBER OF THE 
     SENIOR FOREIGN SERVICE, CLASS OF

[[Page 7626]]

      MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND 
     PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE 
     REPUBLIC OF CAMEROON.
       R. NIELS MARQUARDT, OF CALIFORNIA, A CAREER MEMBER OF THE 
     SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE 
     AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED 
     STATES OF AMERICA TO THE REPUBLIC OF MADAGASCAR, AND TO SERVE 
     CONCURRENTLY AND WITHOUT ADDITIONAL COMPENSATION AS 
     AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED 
     STATES OF AMERICA TO THE UNION OF COMOROS.


                              IN THE NAVY

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                           To be rear admiral

       REAR ADM. (LH) MICHAEL J. LYDEN, 0000

       THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED 
     STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., 
     SECTION 624:

                           To be rear admiral

REAR ADM. (LH) CHRISTINE S. HUNTER, 0000
REAR ADM. (LH) ADAM M. ROBINSON, JR., 0000


                            IN THE AIR FORCE

       THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE UNITED STATES 
     OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE 
     RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 
     12203 AND 12212:

                             To be colonel

THOMAS I. ANDERSON, 0000
GLEN M. BAKER, 0000
WAYNE E. BALE, 0000
RONALD D. BLUNCK, 0000
MARY J. BRANDT, 0000
PHILLIP R. BROWN, 0000
STANLEY D. BRUNTZ, 0000
THADDEUS E. BURR, 0000
CONRAD C. CALDWELL III, 0000
WILLIAM S. CARLE, 0000
WENZELL E. CARTER, JR., 0000
DAVID R. CHESSER, 0000
EDWARD J. CHUPEIN, JR., 0000
ROBERT J. CLARK, 0000
CARL E. CROFT, 0000
PAUL D. CUMMINGS, 0000
WILLIAM E. DAY III, 0000
JOHN W. DUGAN, 0000
JAMES K. EDENFIELD, 0000
TIMOTHY J. EVANS, 0000
DOUGLAS A. FARNHAM, 0000
DAVID K. FAUST, 0000
BRENT J. FEICK, 0000
JAMES E. FREDREGILL, 0000
DENNIS J. GALLEGOS, 0000
KENNETH L. GAMMON, 0000
DAVID R. GANN, 0000
ROBERT M. GENTRY, 0000
RICHARD P. GREENWOOD, 0000
MURRAY A. HANSEN, 0000
JAMES C. HAY, JR., 0000
THOMAS J. HAYEK, 0000
PAIGE P. HUNTER, 0000
DOUGLAS R. JACOBSON, 0000
MATTHEW P. JAMISON, 0000
JOHN S. JOSEPH, 0000
RICHARD W. KELLY, 0000
BRIAN W. LEAKWAY, 0000
JEROME P. LIMOGE, JR., 0000
DALE R. MARKS, 0000
BETTY J. MARSHALL, 0000
JAMES T. MATLOCK III, 0000
JOHN E. MCNEIL, 0000
SCOTT A. MCPHERSON, 0000
PHILLIP S. MICHAEL, 0000
DONALD F. MOFFORD, 0000
JAMES J. MONTAGUE, 0000
CLAYTON W. MOUSHON, 0000
MARTIN J. PARK, 0000
MITCHELL L. PERRY, 0000
JEFFREY W. PETTIGREW, 0000
EDWARD J. PIECEK, 0000
WILLIAM Q. PLATT III, 0000
CHARLES B. POWLEY, 0000
SAMUEL H. RAMSAY III, 0000
JAMES F. REAGAN, 0000
KEVIN F. REILLY, 0000
DAVID L. REYNOLDS, 0000
DEREK P. ROGERS, 0000
JEFFERY A. SABOTKA, 0000
GEORGE E. SCHERZER, JR., 0000
STEPHEN P. SHAFFER, 0000
DANEIL C. SHEA, 0000
MARK E. SHEEHY, 0000
JEFFREY M. SILVER, 0000
DAVID C. SNAKENBERG, 0000
RONALD W. SOLBERG, 0000
KURT D. SONDERMAN, 0000
CHRISTOPHER A. STRATMANN, 0000
JASVANT S. SURANI, 0000
WILLIAM R. SWANSON, 0000
MICHAEL T. THOMAS, 0000
CAROL A. TIMMONS, 0000
ANDREW P. URBANSKY, 0000
PHILIP M. VANEAU, 0000
MARK J. VANKOOTEN, 0000
BRIAN L. VOGNILD, 0000
THERESA A. VOTINELLI, 0000
CHARLES W. WEDDLE, JR., 0000
HAROLD L. WESTBROOK, JR., 0000
GREGORY T. WHITE, 0000
WILLIAM C. WOLFARTH, 0000
HARRY W. YOUNG, JR., 0000
MUSSARET A. ZUBERI, 0000





[[Page 7627]]

            HOUSE OF REPRESENTATIVES--Monday, March 26, 2007

  The House met at 12:30 p.m. and was called to order by the Speaker 
pro tempore (Ms. Castor).

                          ____________________




                   DESIGNATION OF SPEAKER PRO TEMPORE

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

                                               Washington, DC,

                                                   March 26, 2007.
       I hereby appoint the Honorable Kathy Castor to act as 
     Speaker pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                          MORNING HOUR DEBATES

  The SPEAKER pro tempore. Pursuant to the order of the House of 
January 4, 2007, the Chair will now recognize Members from lists 
submitted by the majority and minority leaders for morning hour 
debates. The Chair will alternate recognition between the parties, with 
each party limited to not to exceed 30 minutes, and each Member, except 
the majority leader, the minority leader, or the minority whip, limited 
to not to exceed 5 minutes.
  The Chair recognizes the gentleman from Oregon (Mr. DeFazio) for 5 
minutes.

                          ____________________




           THE VICE PRESIDENT AND THE IRAQ ACCOUNTABILITY ACT

  Mr. DeFAZIO. I thank the Chair.
  Well, Vice President Cheney was in form last weekend in Florida 
addressing a small group behind closed doors. He attacked the House of 
Representatives for passing the Iraq Accountability Act. I am not 
certain whether it is because he objects to the fact that we are going 
to make this administration review the readiness of our troops, their 
equipment, before they're rushed to Iraq in an attempt to escalate the 
war. They don't want that kind of accountability, because it failed our 
troops, from day one, on equipment and readiness.
  And then maybe it's the other part, the part where we are going to 
demand accountability of the Iraqi Government. Time and time again 
President Bush sets benchmarks. ``Those benchmarks will be met.'' They 
are never met. There has to be a diplomatic and political component. 
You cannot resolve a civil war with military force in Iraq. But time 
and time again the Bush administration has let the Iraqi Government 
skate. This bill says they will meet the President's own chosen, 
President Bush and al Maliki's, own chosen guidelines and benchmarks or 
we will begin to bring our troops home. Plain and simple, not a war 
without end, not a war that will be settled by future Presidents, as 
George Bush said a year ago, but if this administration and the Iraqi 
Government fail to do what's necessary for our troops, we are not going 
to strand them in the middle of a civil war.
  But the Vice President objects to those things. He says if they 
really support the troops, then we should take them at their word and 
expect them to meet the needs of our military on time, in full, no 
strings attached.
  Let's review the administration's record on those issues. Let's 
review how the Bush-Cheney administration met the needs of our troops. 
First of all, it was an unnecessary war. They were pursuing a necessary 
war against al Qaeda, the Taliban, Osama bin Laden. Remember them? Dead 
or alive? Dead or alive? They abandoned that war for an unnecessary war 
launched under false pretenses in Iraq.
  Now, something called the Office of Special Plans phonied up the 
intelligence. Dick Cheney put together the Office of Special Plans with 
some of his own hand-picked people, I think one of whom is now on the 
way to jail, in fact, Scooter Libby. In fact, he personally, 
unprecedented for a Vice President, kept visiting the CIA and saying, 
no, they didn't have the intelligence right yet. I.e., they didn't say 
what he wanted. Niger yellow cake, Chalabi, all that stuff. He was so 
wrong. And then he said, ``Simply stated, there's no doubt that Saddam 
Hussein now has weapons of mass destruction.'' Vice President Cheney in 
August of 2002 as he was pushing us toward war.
  But then on the eve of the war, even after their myths about weapons 
of mass destruction, the yellow cake, the aluminum tubes had started to 
fall apart, he said, ``We believe that Saddam has in fact reconstituted 
nuclear weapons.'' Vice President Cheney. A man who has been so wrong 
and put our troops in harm's way unnecessarily, jeopardized the 
security of the United States by distracting us from the real fight in 
Afghanistan, challenges this Congress on the Iraq Accountability Act? 
No, I think last November the American people started to ask about 
accountability for him and his supposed boss, George Bush.
  And then let's look at their military planning. General Shinseki, a 
good man. They fired him. It was said we didn't need 350,000 people. 
Rummy said, ``Oh, don't worry. We can do it with 100,000 or so.'' 
Shinseki said, that would lead to strife, civil war and chaos. He was 
right. They fired him. But presidential economic adviser Larry Lindsey 
said, ``It's going to be very expensive. Very expensive.'' No, Cheney 
and his cohorts said, ``No, don't worry. Iraq can pay for it 
themselves.'' Well, we are now at $2 billion a week, hundreds of 
billions of dollars on this war. So wrong.
  And then our troops, how did they serve them? Vice President Cheney 
again, ``We believe we will, in fact, be greeted as liberators. I think 
it will go relatively quick. Weeks rather than months.'' So they didn't 
give our men and women body armor, didn't have armored Humvees, they 
didn't have the equipment they needed. Congress had to uncover those 
scandals after we heard from the troops in the field. We had to provide 
it over the objections of this administration, and this guy has the 
gall to say we aren't serving the troops as they want to keep our 
troops mired down forever in the middle of a civil war?
  This is extraordinary. And, most recently, Vice President Cheney last 
year, no, 2 years ago, ``I think they're in the last throes, if you 
will, of the insurgency.'' I guess he still believes that.
  These people have done an extraordinary disservice to our troops, our 
country, our national security and the fight against true terrorism 
that attacked us on 9/11. We will not be distracted or bullied anymore. 
The Iraq Accountability Act is a strong response to their mismanagement 
and it offers the United States a way to bring this war to a successful 
conclusion and soon.
  Bring the troops home.

                          ____________________




            CONGRATULATING BARTON COLLEGE'S BASKETBALL TEAM

  The SPEAKER pro tempore. Pursuant to the order of the House of 
January 4, 2007, the gentleman from North Carolina (Mr. Butterfield) is 
recognized during morning hour debates for 5 minutes.
  Mr. BUTTERFIELD. Thank you very much, Madam Speaker.
  Madam Speaker, there was great cause for celebration in eastern North 
Carolina over this past weekend, as Wilson, North Carolina's Barton 
College captured the NCAA Division II

[[Page 7628]]

men's college basketball championship. What a game.
  Barton College, Madam Speaker, is a small but proud college with a 
rich academic history. With a student body of about 1,000 students, it 
is located not only in my congressional district but located in my 
community. I am so proud of them.
  Barton College captured the national championship Saturday afternoon, 
scoring an amazing come-from-behind 77-75 victory over previously 
undefeated and defending national champion Winona State University. 
Barton won the title game at the buzzer, with one-tenth of a second 
remaining. They won their semifinal game by one point on a last-second 
free throw. And it won its quarterfinal game on a three-pointer at the 
buzzer in overtime. This will be a game that will long be remembered.
  Madam Speaker, it is a great honor for me to recognize the success, 
efforts and achievements of these outstanding young student athletes. 
It is my pleasure to recognize their head coach, Ron Lievense, and his 
staff. Their hard work and dedication to teamwork is something that we 
are all proud of in Wilson, North Carolina and throughout the First 
Congressional District.
  I ask my colleagues today to rise and join me in paying tribute to 
Barton College's basketball team of 2007 and to recognize their 
extraordinary championship.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until 2 p.m. today.
  Accordingly (at 12 o'clock and 39 minutes p.m.), the House stood in 
recess until 2 p.m.

                          ____________________




                              {time}  1400
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Salazar) at 2 p.m.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  ``Go down, Moses,
  Way down in Egypt land.
  Tell ole Pharaoh,
  Let my people go.''
  These lines from the old spiritual, Lord, gave human slavery voice 
and hope. Its rundown rhythm muffled the sound of the Underground 
Railroad traveling through darkness to bring people freedom's light.
  Lord, we pray that You help now all those held captive in human 
bondage. May the thousands caught in the clutches of slave labor and 
worse, in our own country, find a new exodus. Bring their hidden 
stories to the brightness of news in our day, so they may live with the 
glimmer of hope. Lead them through the complexity of economic and legal 
systems to breathe in the common air of freedom.
  May our preparations for Passover and Easter shake off our 
indifference, change obstinate hearts of unscrupulous employers and 
profiteers in human trafficking that the redeemed may rejoice in You, 
our God and Savior, 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 Arkansas (Mr. Ross) 
come forward and lead the House in the Pledge of Allegiance.
  Mr. ROSS 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.

                          ____________________




                  DEMOCRATS CONTINUE TO TAX AND SPEND

  (Mr. WILSON of South Carolina asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. WILSON of South Carolina. Mr. Speaker, Democrats are as 
predictable as the sun: it continues to rise in the east, and they 
continue to tax and spend.
  The Democratic budget released last week proposes the largest tax 
increase in American history: $392.5 billion. Not only does it allow 
for the expiration of the 2001 and 2003 tax cuts, but it does nothing 
to control unsustainable entitlement spending.
  Republicans believe fiscal restraint and pro-growth economic policies 
will lead to budget surpluses and new jobs. Democrats believe out-of-
control government spending should be subsidized with the hard-earned 
money of American taxpayers.
  Unfortunately, the Democratic budget continues to squeeze taxpayers' 
pocketbooks without tightening the belt of Big Government. Such 
reckless policies will chill our growing economy by reducing job 
creation.
  In conclusion, God bless our troops, and we will never forget 
September 11.

                          ____________________




                   PHOTO IDENTIFICATION SECURITY ACT

  (Mrs. BLACKBURN asked and was given permission to address the House 
for 1 minute and to revise and extend her remarks.)
  Mrs. BLACKBURN. Mr. Speaker, you know, one of the things that we 
heard about so often during the campaign last year was illegal 
immigration. And coming back to Congress, one of the things we are 
hearing about as we hold our town hall meetings is the impact of 
illegal immigrants having access to credit cards and to financial 
services in this country. Banking institutions, the Federal Reserve, 
the U.S. Treasury, and the IRS are allowing illegal immigrants the 
ability to sign up for credit cards, mortgages, taxpayer identification 
numbers, and to transfer money back to their country.
  It is a problem, and there is a solution. H.R. 1314 is a piece of 
legislation I have filed. It is bipartisan legislation with over 50 
cosponsors. The Photo ID Security Act will close the loophole that 
illegal immigrants are using to obtain valid financial service 
information and access to these services. What it will do is change the 
identification that is required, requiring them to present a photo ID 
issued from their home country or the U.S. Everyone in the U.S. can 
legally obtain these documents.
  I encourage all Members to cosponsor H.R. 1314.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. The Chair announces that the Speaker's 
appointment of the remaining 19 members of the Permanent Select 
Committee on Intelligence on January 17, 2007, without objection, is 
made notwithstanding the requirement of clause 11(a)(1)(C) of rule X.
  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 6:30 p.m. 
today.

                          ____________________




              CLIFFORD DAVIS/ODELL HORTON FEDERAL BUILDING

  Mr. COHEN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 753) to redesignate the Federal building located at 167 North 
Main Street in Memphis, Tennessee, as the ``Clifford Davis/Odell Horton 
Federal Building,'' as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

[[Page 7629]]



                                H.R. 753

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

     SECTION 1. REDESIGNATION.

       The Federal building located at 167 North Main Street in 
     Memphis, Tennessee, commonly known as the Clifford Davis 
     Federal Building, shall be known and designated as the 
     ``Clifford Davis and Odell Horton Federal Building''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the Federal building 
     referred to in section 1 shall be deemed to be a reference to 
     the ``Clifford Davis and Odell Horton Federal Building''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Cohen) and the gentleman from Ohio (Mr. LaTourette) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. COHEN. Mr. Speaker, I am joined in H.R. 753 by the entire 
Tennessee delegation, and I am joined in a companion bill with its 
authorship/sponsorship of each of our Senators, Lamar Alexander and Bob 
Corker.


                             General Leave

  Mr. COHEN. 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 H.R. 753.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 753, sponsored by the entire Tennessee delegation of both the 
House and the Senate, is to designate the Federal building in Memphis, 
Tennessee, located at 167 North Main Street as the Clifford Davis and 
Odell Horton Federal Building.
  Judge Odell Horton was appointed to the United States District Court 
for the Western District of Tennessee by President Jimmy Carter on May 
12, 1980. He was brought to the attention of President Carter by then-
Senator Jim Sasser and through a proposal by Lieutenant Governor John 
Wilder who represented the district that Judge Horton grew up in 
Bolivar, Tennessee.
  Judge Horton in 1980 was the first African American Federal judge 
appointed to the bench in Tennessee since Reconstruction. He has many 
firsts as an African American, but he has more regard simply as an 
outstanding jurist, attorney, soldier and human being.
  He was born May 13, 1929, in Bolivar, Tennessee, and grew up during 
the Depression and the Second World War. His father was a laborer and 
his mother took in laundry. The children, four boys and a girl, picked 
cotton, stacked lumber, and took other odd jobs to make ends meet.
  Judge Horton graduated from Bolivar High School in 1946 and enlisted 
in the Marine Corps ``as a vehicle to find a way out of Bolivar.'' 
After an early discharge, he enrolled in Morehouse College in Atlanta, 
Georgia, using Federal aid under the GI bill to finance his tuition. 
The Korean War was under way by the time he graduated in 1951, and he 
returned for a second tour with the Marines. After a second tour, 
during which he graduated from the U.S. Navy School of Journalism, 
Horton entered Howard University Law School in Washington, DC. He 
received his degree from Howard in 1956, then moved to Memphis to begin 
private practice in a one-room office upstairs at 145 Beale Street in 
Memphis, the legendary Beale Street in Memphis.
  He served in private practice for 5 years from 1957 until 1962 and 
then was appointed Assistant U.S. Attorney in Memphis. After being 
Assistant U.S. Attorney, he served in other capacities. First of all, 
during Mayor Henry Lobe's city administration, he was the first African 
American member of that administration, head of health and hospitals. 
That was a tumultuous time in Memphis' history. During that time, Dr. 
King was killed in Memphis on April 4, 1968, and we will observe that 
tragedy soon in Memphis. But Judge Horton, as an African American, had 
a difficult task. As such, he ordered the desegregation of the Bowld 
Hospital which was the public hospital. That was a great thing that he 
did in bringing Memphis forward.
  A year after he did that in 1968, he received the L.M. Graves 
Memorial Health Award for his efforts to advance the cause of health 
care in Memphis. He later became a criminal court judge appointed by 
then-Governor Buford Ellington. After serving on the criminal court 
bench, he went on to serve as president of LeMoyne-Owen College, an 
historically black college in Memphis, a liberal arts school where he 
served for 4 years from 1970 to 1974.
  In 1974, Judge Horton ran for Shelby County district attorney 
general. Although he lost by just about 4,000 votes, he came very 
close, and it was a historic election that set a precedent for other 
individuals running for office and being elected on their merits and 
not based on their race. He received over 23 percent of the Caucasian 
vote, which was unheard of at the time, and it showed the respect that 
he had from all sections of the community.
  He returned to Federal service after being at LeMoyne-Owen and after 
having unsuccessfully sought the DA's job as reporter for the Speedy 
Trial Act Implementation Committee by the Western District Court. After 
that, he served as a U.S. bankruptcy judge from 1976 to 1980. Then he 
received the appointment from President Carter. Then from January 1, 
1987, until December 31, 1993, he served as the chief judge for the 
Western District of Tennessee. On May 16, 1995, he took senior judge 
status, and 2 years later closed his Memphis office.
  He is remembered in Memphis as a calm and patient judge who carefully 
and deliberately explained legal concepts to jurors. He was a model for 
judges because of his judicial temperament and set a standard in such 
regards. Judge Horton and his wife, Evie Randolf, were married for over 
50 years and have two sons, Odell Horton, Jr., and Christopher, who 
graduated from his alma mater, Morehouse College in Atlanta. Judge 
Horton's widow spoke for so many in his profession and personal life 
when she stated after his death, ``He was a rare and precious jewel in 
the crown of humanity and made all of our lives richer and better 
because he passed this way.'' Indeed, Mrs. Horton was correct.
  Judge Horton received many honors for his work from different bar 
associations and institutions. He was a member of the American Bar 
Association and Chair of the National Conference of Federal Trial 
Judges. He served as a member of the Judicial Conference Committee on 
Defender Services, and Morehouse College awarded him an honorary degree 
of Doctor of Laws.
  In the year 2000, the Memphis Bar Association awarded Judge Horton 
with a Public Service Award. He died February 22, 2006. In honor of 
Judge Horton's significant contributions to the legal community in 
Memphis and his pioneering career, it is both fitting and proper to 
designate the courthouse located at 167 North Main Street in Memphis as 
the Clifford Davis and Odell Horton Federal Building.
  As Senator Alexander mentioned on the Senate floor, it is appropriate 
that this building have both the names of Judge Horton, a great pioneer 
of the latter half of the 20th century, and Clifford Davis, who was 
part of the first half of the 20th century, served as United States 
Congressman from 1940 to 1965. It shows a continuum of history, a 
growth of history, and history is a process. The naming of this 
building for Judge Horton as well as former Congressman Clifford Davis 
shows progress in Memphis, progress in race relations, and progress 
among human beings.
  Accordingly, I ask for unanimous passage of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 753, as amended, designates the Clifford Davis Federal Building 
in Memphis, Tennessee, as the Clifford Davis and Odell Horton Federal 
Building. The bill honors Judge Horton's dedication to public service.
  After service in the United States Marines during the Korean War and 
acquiring a law degree from Howard University, Judge Horton engaged in 
the

[[Page 7630]]

private practice of law from 1957 until 1962.

                              {time}  1415

  His career included serving as an Assistant United States Attorney in 
Memphis, an appointment to the Shelby County Criminal Court, and 
serving as the President of LeMoyne-Owen College.
  Judge Horton was appointed to the United States District Court for 
the Western District of Tennessee by President Carter in 1980. He 
served as its chief judge from 1987 to 1993 and became a senior judge 
on May 16, 1995. Two years later, he retired from the Federal bench; 
and, sadly, Judge Horton passed away last year on February 22.
  I support this legislation and encourage our colleagues to do the 
same.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 753, a 
bill to re-designate the Federal building located at 167 North Main 
Street in Memphis, Tennessee, as the ``Clifford Davis and Odell Horton 
Federal Building''.
  Odell Horton was appointed to the United States District Court for 
the Western District of Tennessee by President Jimmy Carter on May 12, 
1980. He was the first African-American Federal Judge appointed in 
Tennessee since Reconstruction.
  Judge Horton was born in Boliver, Tennessee. He grew up during the 
Depression and World War II in an environment he described as 
``typically rural Southern and typically segregated, with all the 
attendant consequences of that.'' He was the oldest of five children to 
hard-working parents. During his childhood, he and his brothers and 
sister picked cotton to help support the family.
  Horton graduated from high school in 1946 and enlisted in the Marine 
Corps ``as a vehicle to find a way out of Bolivar.'' Ten months later, 
he took advantage of an early discharge program designed to reduce the 
number of men in the military, and enrolled in Morehouse College in 
Atlanta, Georgia, using Federal aid under the GI bill to finance his 
tuition. The Korean War was underway by the time he graduated in 1951, 
and he returned for a second tour of duty in the Marines.
  During his second tour, he graduated from the U.S. Navy School of 
Journalism. After returning home, Horton entered Howard University Law 
School in Washington, DC. He received his law degree in 1956 and moved 
to Memphis, Tennessee, where he started a private law practice.
  In 1962, Horton became Assistant United States Attorney in Memphis. 
He remained in that position until his appointment to the Shelby County 
Criminal Court by Governor Buford Ellington. In 1968, Judge Horton 
ordered the desegregation of Bowld Hospital. A year later, he received 
the L.M. Graves Memorial Health Award for his efforts to advance the 
cause of health care in Memphis. Judge Horton stepped down from his 
Federal judgeship to serve as President of LeMayne-Owen College, a 
predominately African-American liberal arts college.
  He returned to Federal service upon his appointment as reporter for 
the Speedy Trial Act Implementation Committee by the Western District 
Court of Tennessee. He later served as U.S. Bankruptcy Judge from 1976 
to 1980. Judge Horton also served as Chief Judge for the Western 
District of Tennessee from January 1, 1987, until December 31, 1993. On 
May 16, 1995, he took senior status and retired two years later.
  Judge Horton was a member of the American Bar Association and Chair 
of the National Conference of Federal Trial Judges. He also served as a 
member of the Judicial Conference Committee on Defender Services. 
Morehouse College honored him with an Honorary Degree of Doctor of 
Laws. In 2000, the Memphis Bar Association awarded Judge Horton with a 
Public Service Award.
  Judge Horton died February 22, 2006, at Baptist Memorial Hospital in 
Memphis, Tennessee, and was buried in Elmwood Cemetery in Memphis.
  In honor of Judge Horton's outstanding contributions to the legal 
community in Memphis and his exemplary professional career, it is both 
fitting and proper to designate the courthouse located on 167 North 
Main Street in Memphis, Tennessee, as the ``Clifford Davis and Odell 
Horton Federal Building''.
  I urge my colleagues to support this bill.
  Mr. LaTOURETTE. Mr. Speaker, I yield back the balance of my time.
  Mr. COHEN. Mr. Speaker, I yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Cohen) that the House suspend the rules 
and pass the bill, H.R. 753, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to redesignate the 
Federal building located at 167 North Main Street in Memphis, 
Tennessee, as the ``Clifford Davis and Odell Horton Federal 
Building'.''.
  A motion to reconsider was laid on the table.

                          ____________________




        RAFAEL MARTINEZ NADAL UNITED STATES CUSTOMHOUSE BUILDING

  Mr. COHEN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1019) to designate the United States Customhouse Building located 
at 31 Gonzalez Clemente Avenue in Mayaguez, Puerto Rico, as the 
``Rafael Martinez Nadal United States Customhouse Building''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1019

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

     SECTION 1. DESIGNATION.

       The United States customhouse building located at 31 
     Gonzalez Clemente Avenue in Mayaguez, Puerto Rico, shall be 
     known and designated as the ``Rafael Martinez Nadal United 
     States Customhouse Building''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the United States 
     customhouse building referred to in section 1 shall be deemed 
     to be a reference to the ``Rafael Martinez Nadal United 
     States Customhouse Building''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Cohen) and the gentleman from Ohio (Mr. LaTourette) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. COHEN. 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 H.R. 1019.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1019 is a bill to designate the United States 
Customhouse Building located at 31 Gonzalez Clemente Avenue in 
Mayaguez, Puerto Rico, as the Rafael Martinez Nadal United States 
Customhouse Building.
  Although Don Rafael Martinez Nadal was born in the city of Mayaguez 
on April 22, 1877, he resided and passed away in Guaynabo. He received 
his college degree in philosophy and letters from the Provincial 
Institute of Secondary Education in San Juan. At 16, he was sent to 
Barcelona, Spain, to study law.
  In August, 1904, he returned to Mayaguez and began to study coffee 
growing agriculture. Simultaneously, he began his first successful 
attempts in the media and politics with the Puerto Rican Republican 
Party. In 1908, he founded the political newspaper El Combate. In 1912, 
he obtained his law degree and became one of the most prominent men in 
the Puerto Rican political arena. He was considered one of the most 
famous criminal lawyers of the time.
  In 1914, he was elected as a member of the Chamber of Delegates for 
the city of Ponce by the Puerto Rican Republican Party. In 1920, he was 
chosen by the same party to serve in the Senate and was re-elected in 
the next five general elections. When the alliance of the Union of 
Puerto Rico Party and the Puerto Rican Republican Party formed in 1924, 
Nadal left the Republican Party and initiated a political movement 
called the Pure Republican Party, which registered officially as the 
Historical Constitutional Party.
  Later, he founded the Republican Union, working to advance the ideal 
of statehood for Puerto Rico. In coalition with the Socialist Party, 
the Republican Union triumphed in the general elections of 1932 and 
1936. In both terms, Nadal presided over the Senate.

[[Page 7631]]

Before the election of 1940, because of a serious illness, he returned 
to his Guaynabo residence. He died there on July 6, 1941.
  In honor of Rafael Martinez Nadal's outstanding contributions to the 
Commonwealth of Puerto Rico and his exemplary professional writing 
career, it is both fitting and proper to designate the courthouse 
located at 31 Gonzalez Clemente Avenue in Mayaguez, Puerto Rico, as the 
``Rafael Martinez Nadal United States Customhouse Building.''
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 1019, introduced by my friend and colleague, 
Congressman Fortuno of Puerto Rico, designates the United States 
Customhouse Building located at 31 Gonzalez Clemente Avenue in 
Mayaguez, Puerto Rico, as the ``Rafael Martinez Nadal United States 
Customhouse Building.'' This bill honors Rafael Martinez Nadal's 
contributions to the Commonwealth of Puerto Rico.
  Rafael Martinez Nadal was born in the city of Mayaguez on April 22, 
1877. In 1912, he became a lawyer and entered the Puerto Rican 
political arena. He was considered one of the most famous criminal 
lawyers in Puerto Rico at that time.
  In 1914, Rafael Martinez Nadal was elected to Puerto Rico's House of 
Representatives for the District of Ponce. In 1920, he was elected to 
Puerto Rico's Senate, where he served as its President from 1932 to 
1940.
  Rafael Martinez Nadal was a strong defender of statehood in Puerto 
Rico and has been described as a political leader, a writer, a 
successful businessman, a brilliant orator and a distinguished lawyer. 
He passed away in July of 1941.
  I support this legislation, congratulate my friend Congressman 
Fortuno, and urge our colleagues to do the same.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 1019, a 
bill to designate the United States customhouse building located at 31 
Gonzalez Clemente Avenue in Mayaguez, Puerto Rico, as the ``Rafael 
Martinez Nadal United States Customhouse Building''.
  Don Rafael Martinez Nadal was born in the city of Mayaguez on April 
22, 1877. He received his college degree in Philosophy and Letters from 
the Provincial Institute of Secondary Education in San Juan.
  He pursued studies in Barcelona, Spain, and Paris, France. He 
returned to Mayaguez in 1904 and began studying the cultivation of 
coffee. Simultaneously, he pursued his interest in media and politics 
and joined the Puerto Rican Republican Party. In 1908, he founded the 
political newspaper El Combate. In 1912, he obtained his law degree, 
and became one of the most prominent men of the Puerto Rican political 
arena. He was considered one of the most famous criminal lawyers in 
Puerto Rico of his time.
  In 1914, he was elected as a member of the Chamber of Delegates for 
the city of Ponce by the Puerto Rican Republican Party. In 1920, he was 
chosen by the same party to serve in the Senate and was re-elected in 
the next five general elections. Nadal left the Puerto Rican Republican 
Party and launched a political movement that became known as the 
Historical Constitutional Party. Later, he founded the Republican 
Union, working to advance the cause of Puerto Rican statehood. In 
coalition with the Socialist Party, the Republican Union triumphed in 
the general elections of 1932 and 1936. In both terms, Martinez Nadal 
presided over the Senate. Before the election of 1940, because of a 
serious illness, he returned to his Guaynabo residence. He died on July 
6, 1941.
  In honor of Rafael Martinez Nadal's outstanding contributions to the 
Commonwealth of Puerto Rico, it is both fitting and proper to designate 
the courthouse located at 31 Gonzalez Clemente Avenue in Mayaguez, 
Puerto Rico, as the ``Rafael Martinez Nadal United States Customhouse 
Building''.
  I urge my colleagues to support this bill.
  Mr. LaTOURETTE. Mr. Speaker, if the majority has no additional 
speakers, I yield back the balance of my time.
  Mr. COHEN. Mr. Speaker, I am proud to be here on this bipartisan 
Federal customs building, and I yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Tennessee (Mr. Cohen) that the House suspend the rules 
and pass the bill, H.R. 1019.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________




   J. HERBERT W. SMALL FEDERAL BUILDING AND UNITED STATES COURTHOUSE

  Mr. COHEN. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1138) to designate the Federal building and United States 
courthouse located at 306 East Main Street in Elizabeth City, North 
Carolina, as the ``J. Herbert W. Small Federal Building and United 
States Courthouse''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1138

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

     SECTION 1. DESIGNATION.

       The Federal building and United States courthouse located 
     at 306 East Main Street in Elizabeth City, North Carolina, 
     shall be known and designated as the ``J. Herbert W. Small 
     Federal Building and United States Courthouse''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the Federal building 
     and United States courthouse referred to in section 1 shall 
     be deemed to be a reference to the ``J. Herbert W. Small 
     Federal Building and United States Courthouse''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Cohen) and the gentleman from Ohio (Mr. LaTourette) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee.


                             General Leave

  Mr. COHEN. 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 H.R. 1138.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. COHEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1138 is a bill to designate the Federal building 
and United States courthouse located at 306 East Main Street, Elizabeth 
City, North Carolina, as the J. Herbert W. Small Federal Building and 
United States Courthouse.
  J. Herbert W. Small, a lifelong resident of Elizabeth City, North 
Carolina, is a graduate of the University of Virginia Engineering 
School and the University of North Carolina Law School. He began the 
practice of law in 1949 and continued in his chosen field for over five 
decades. During his professional career, he was a member of the First 
Judicial District Bar Association, the American Bar Association and the 
North Carolina Bar Association.
  In 1974, Judge Small was elected judge of Superior Court of the First 
Judicial District and served as Senior Resident Judge for 17 years. 
Judge Small is an active volunteer, serving on the Board of Directors 
of the Albemarle Hospital and the American Red Cross. He has received 
numerous awards and honors from the Jaycees, Boy Scouts, Volunteer 
Firemen, Chamber of Commerce, and the Rotary and Elks clubs. Further, 
Judge Small, a World War II veteran, served in the United States Navy 
for 3 years.
  Judge Small is an outstanding jurist, civic leader, mentor and 
volunteer. I support this bill and urge its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 1138 designates the Federal building and United 
States courthouse located at 306 East Main Street in Elizabeth City, 
North Carolina, as the J. Herbert W. Small Federal Building and United 
States Courthouse. The bill honors Judge Small's service to the legal 
profession.
  Judge Small served in the United States Navy during the Second World 
War and received a law degree from the University of North Carolina Law

[[Page 7632]]

School at Chapel Hill. He began the practice of law in 1949 and 
practiced for over five decades.
  His career included serving on the Congressional Committee on 
Intergovernmental Relations, as county attorney for Pasquotank County, 
and as judge of the Superior Court of the First Judicial District. 
Judge Small served as Senior Resident Judge for 17 years.
  I support this legislation and encourage my colleagues to do the 
same.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COHEN. Mr. Speaker, I yield such time as he may consume to the 
honorable gentleman from North Carolina (Mr. Butterfield), the sponsor 
of the bill.
  Mr. BUTTERFIELD. Mr. Speaker, let me first thank the gentleman from 
Tennessee for yielding the time to me to speak to this very important 
piece of legislation.
  Mr. Speaker, I rise today to honor an outstanding jurist and 
community leader by seeking to name the Federal building in Elizabeth 
City, North Carolina, as the J. Herbert Small Federal Building and 
United States Courthouse.
  I want to thank my good friend, Chairman Oberstar, and Ranking Member 
Mica for their outstanding leadership in quickly moving this 
legislation through their committee. I would also like to thank each 
member of the entire North Carolina delegation, Democrat and 
Republican, for their collective support of this important bill.
  Mr. Speaker, J. Herbert Small is a lifelong resident of Elizabeth 
City, North Carolina. He has devoted 52 long years of his professional 
life to the practice of law and to the administration of justice in 
eastern North Carolina.
  Herb Small began his law practice in Elizabeth City in 1949 after 
graduating from the School of Law at the University of North Carolina 
at Chapel Hill. He served as Special Counsel to the Congressional 
Committee on Intergovernmental Relations and later served 8 years as 
county attorney for the County of Pasquotank.
  He was elected as district attorney for the First Judicial District 
of North Carolina for three consecutive terms. During his tenure, he 
served as chairman of the District Attorneys Advisory Committee, was 
President of the District Attorneys Association and was appointed by 
the Governor to the Jail Study Commission.
  It was when Mr. Small was a district attorney that our paths first 
met. As a young lawyer, I opposed him in the courtroom on several 
occasions. He was a strong and effective district attorney.
  In 1979, Herb Small was elected as Resident Superior Court Judge for 
the First Judicial District of North Carolina. He served in this 
capacity for 17 years. He was honored by his peers when he was elected 
President of the North Carolina Conference of Superior Court Judges. 
During this time, he represented the conference on the North Carolina 
Policy and Sentencing Commission.
  In the early days of Judge Small's service as a trial judge, I 
appeared before him as a lawyer, representing both civil and criminal 
clients. He was a firm but fair judge, treating everyone who came 
before his court with respect.
  And then Mr. Speaker, I had the privilege of being able to call Judge 
Small my judicial colleague. When I was elected as a Superior Court 
Judge in 1988, Judge Small had preceded me to the bench by several 
years. He welcomed me among the ranks of Superior Court Judges, and our 
friendship continued to evolve.
  Mr. Speaker, Herb Small is a legal scholar; and our courts benefited 
in so many ways because of his intellect.
  Now, I am very proud to call Judge Small a constituent. He is 
retired. He is happily retired, living in Elizabeth City, North 
Carolina, which is one of my 23 communities in my congressional 
district. Herb Small is a trusted friend and a good adviser.
  Judge Small served as chairman of the Albemarle Hospital Board of 
Directors and as Chairman of the American Red Cross Chapter. He has 
been actively engaged in other civic and charitable and service 
organizations, including the Jaycees and the Boy Scouts and Volunteer 
Firemen, Chamber of Commerce and the Rotary Club and the Elks Club and 
the Red Men and so on. He was given the Distinguished Service Award by 
the Jaycees, the Volunteer of the Year Award by the Chamber of 
Commerce, and the Order of the Long Leaf Pine by the State of North 
Carolina for outstanding community involvement.
  Very importantly, Mr. Speaker, during World War II, Judge Small 
served 3 years in the United States Navy; and our country is proud of 
and thanks him for his service.
  Judge Small has been married to a wonderful individual, Mrs. Annette 
Ward Small, for many years. They have four children, Elizabeth, John 
Herbert, Fran and Carol; and they have nine grandchildren, Rachel, 
Matthew, John, Mary, Margaret, Ruth, Allison Katie, and Chris.

                              {time}  1430

  Mr. Speaker, I can think of no finer individual and no person who is 
more deserving of this high honor than Judge J. Herbert Small. I can 
assure you that Judge Small is humbled and honored by this recognition. 
The people of Elizabeth City and the First Congressional District of 
North Carolina are grateful for his community service, for his 
dedication, and his great and extraordinary leadership.
  I thank the gentleman from Maryland for yielding me time, and I thank 
the gentleman from Ohio for his work on this matter.
  I urge my colleagues today to vote ``yes'' on H.R. 1138.
  Mr. LaTOURETTE. Mr. Speaker, I yield myself as much time as I might 
consume to congratulate the gentleman from North Carolina (Mr. 
Butterfield) for his legislation today and also to advise my friend 
from Tennessee I have no further speakers and if he is in the same 
position, I yield back the balance of my time.
  Mr. COHEN. I join in congratulating the gentleman from North 
Carolina.
  Mr. OBERSTAR. Mr. Speak, I rise in strong support of H.R. 1138, a 
bill to designate the Federal building and United States courthouse 
located at 306 East Main Street, in Elizabeth City, North Carolina, as 
the ``J. Herbert W. Small Federal Building and United States 
Courthouse''.
  J. Herbert W. Small is a life-long resident of Elizabeth City, North 
Carolina. He is a graduate of the University of Virginia Engineering 
School, and the University of North Carolina Law School at Chapel Hill. 
He began practicing law in 1949 and continued in his chosen field for 
more than five decades. During his professional career, he was a member 
of the First Judicial District Bar Association, the American Bar 
Association, and the North Carolina Bar Association.
  He began his career as Special Counsel to the Congressional Committee 
on Intergovernmental Relations. Judge Small later served as County 
Attorney for Pasquotank County. In 1979, Judge Small was elected Judge 
of Superior Court of the First Judicial District and served as senior 
resident judge for 17 years. Judge Small is an active volunteer, 
serving on the Board of Director of the Albemarle Hospital and the 
American Red Cross. He has received numerous awards and honors from the 
Jaycees, the Boy Scouts, the Volunteer Fireman, the Chamber of 
Commerce, and the Rotary and Elks clubs. Further, Judge Small was a 
World War II veteran and served in the U.S. Navy for three years.
  Judge Small is an outstanding mentor and volunteer. For more than 
five decades, he has been an exceptional jurist and civic leader. It is 
fitting and proper to honor his outstanding contributions with this 
designation.
  I urge my colleagues to support the bill.
  Mr. COHEN. 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 Tennessee (Mr. Cohen) that the House suspend the rules 
and pass the bill, H.R. 1138.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

[[Page 7633]]



                          ____________________




               MARITIME POLLUTION PREVENTION ACT OF 2007

  Mr. CUMMINGS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 802) to amend the Act to Prevent Pollution from ships to 
implement MARPOL Annex VI, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 802

       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 ``Maritime Pollution 
     Prevention Act of 2007''.

     SEC. 2. REFERENCES.

       Wherever in this Act an amendment or repeal is expressed in 
     terms of an amendment to or a repeal of a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Act to Prevent Pollution 
     from Ships (33 U.S.C. 1901 et seq.).

     SEC. 3. DEFINITIONS.

       Section 2(a) (33 U.S.C. 1901(a)) is amended--
       (1) by redesignating the paragraphs (1) through (12) as 
     paragraphs (2) through (13), respectively;
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) `Administrator' means the Administrator of the 
     Environmental Protection Agency.'';
       (3) in paragraph (5) (as so redesignated) by striking ``and 
     V'' and inserting ``V, and VI'';
       (4) in paragraph (6) (as so redesignated) by striking 
     ```discharge' and `garbage' and `harmful substance' and 
     `incident''' and inserting ```discharge', `emission', 
     `garbage', `harmful substance', and `incident'''; and
       (5) by redesignating paragraphs (7) through (13) (as 
     redesignated) as paragraphs (8) through (14), respectively, 
     and inserting after paragraph (6) (as redesignated) the 
     following:
       ``(7) `navigable waters' includes the territorial sea of 
     the United States (as defined in Presidential Proclamation 
     5928 of December 27, 1988) and the internal waters of the 
     United States;''.

     SEC. 4. APPLICABILITY.

       Section 3 (33 U.S.C. 1902) is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) with respect to Annex VI to the Convention, and other 
     than with respect to a ship referred to in paragraph (1)--
       ``(A) to a ship that is in a port, shipyard, offshore 
     terminal, or the internal waters of the United States;
       ``(B) to a ship that is bound for, or departing from, a 
     port, shipyard, offshore terminal, or the internal waters of 
     the United States, and is in--
       ``(i) the navigable waters of the United States;
       ``(ii) an emission control area designated pursuant to 
     section 4; or
       ``(iii) any other area that the Administrator, in 
     consultation with the Secretary and each State in which any 
     part of the area is located, has designated by order as being 
     an area from which emissions from ships are of concern with 
     respect to protection of public health, welfare, or the 
     environment;
       ``(C) to a ship that is entitled to fly the flag of, or 
     operating under the authority of, a party to Annex VI, and is 
     in--
       ``(i) the navigable waters of the United States;
       ``(ii) an emission control area designated under section 4; 
     or
       ``(iii) any other area that the Administrator, in 
     consultation with the Secretary and each State in which any 
     part of the area is located, has designated by order as being 
     an area from which emissions from ships are of concern with 
     respect to protection of public health, welfare, or the 
     environment; and
       ``(D) to the extent consistent with international law, to 
     any other ship that is in--
       ``(i) the exclusive economic zone of the United States;
       ``(ii) the navigable waters of the United States;
       ``(iii) an emission control area designated under section 
     4; or
       ``(iv) any other area that the Administrator, in 
     consultation with the Secretary and each State in which any 
     part of the area is located, has designated by order as being 
     an area from which emissions from ships are of concern with 
     respect to protection of public health, welfare, or the 
     environment.'';
       (2) in subsection (b)--
       (A) in paragraph (1) by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (B) by adding at the end the following:
       ``(3) With respect to Annex VI the Administrator, or the 
     Secretary, as relevant to their authorities pursuant to this 
     Act, may determine that some or all of the requirements under 
     this Act shall apply to one or more classes of public 
     vessels, except that such a determination by the 
     Administrator shall have no effect unless the head of the 
     Department or agency under which the vessels operate concurs 
     in the determination. This paragraph does not apply during 
     time of war or during a declared national emergency.'';
       (3) by redesignating subsections (c) through (g) as 
     subsections (d) through (h), respectively, and inserting 
     after subsection (b) the following:
       ``(c) Application to Other Persons.--This Act shall apply 
     to all persons to the extent necessary to ensure compliance 
     with Annex VI to the Convention.''; and
       (4) in subsection (e), as redesignated--
       (A) by inserting ``or the Administrator, consistent with 
     section 4 of this Act,'' after ``Secretary'';
       (B) by striking ``of section (3)'' and inserting ``of this 
     section''; and
       (C) by striking ``Protocol, including regulations 
     conforming to and giving effect to the requirements of Annex 
     V'' and inserting ``Protocol (or the applicable Annex), 
     including regulations conforming to and giving effect to the 
     requirements of Annex V and Annex VI''.

     SEC. 5. ADMINISTRATION AND ENFORCEMENT.

       Section 4 (33 U.S.C. 1903) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively, and inserting after subsection (a) 
     the following:
       ``(b) Duty of the Administrator.--In addition to other 
     duties specified in this Act, the Administrator and the 
     Secretary, respectively, shall have the following duties and 
     authorities:
       ``(1) The Administrator shall, and no other person may, 
     issue Engine International Air Pollution Prevention 
     certificates in accordance with Annex VI and the 
     International Maritime Organization's Technical Code on 
     Control of Emissions of Nitrogen Oxides from Marine Diesel 
     Engines, on behalf of the United States for a vessel of the 
     United States as that term is defined in section 116 of title 
     46, United States Code. The issuance of Engine International 
     Air Pollution Prevention certificates shall be consistent 
     with any applicable requirements of the Clean Air Act or 
     regulations prescribed under that Act.
       ``(2) The Administrator shall have authority to administer 
     regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to 
     the Convention.
       ``(3) The Administrator shall, only as specified in section 
     8(f), have authority to enforce Annex VI of the 
     Convention.'';
       (2) in subsection (c), as redesignated, by redesignating 
     paragraph (2) as paragraph (4), and inserting after paragraph 
     (1) the following:
       ``(2) In addition to the authority the Secretary has to 
     prescribe regulations under this Act, the Administrator shall 
     also prescribe any necessary or desired regulations to carry 
     out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, 
     and 19 of Annex VI to the Convention.
       ``(3) In prescribing any regulations under this section, 
     the Secretary and the Administrator shall consult with each 
     other, and with respect to regulation 19, with the Secretary 
     of the Interior.''; and
       (3) by adding at the end of subsection (c), as 
     redesignated, the following:
       ``(5) No standard issued by any person or Federal 
     authority, with respect to emissions from tank vessels 
     subject to regulation 15 of Annex VI to the Convention, shall 
     be effective until 6 months after the required notification 
     to the International Maritime Organization by the 
     Secretary.''.

     SEC. 6. CERTIFICATES.

       Section 5 (33 U.S.C. 1904) is amended--
       (1) in subsection (a) by striking ``The Secretary'' and 
     inserting ``Except as provided in section 4(b)(1), the 
     Secretary'';
       (2) in subsection (b) by striking ``Secretary under the 
     authority of the MARPOL protocol.'' and inserting ``Secretary 
     or the Administrator under the authority of this Act.''; and
       (3) in subsection (e) by striking ``environment.'' and 
     inserting ``environment or the public health and welfare.''.

     SEC. 7. RECEPTION FACILITIES.

       Section 6 (33 U.S.C. 1905) is amended--
       (1) in subsection (a) by adding at the end the following:
       ``(3) The Secretary and the Administrator, after consulting 
     with appropriate Federal agencies, shall jointly prescribe 
     regulations setting criteria for determining the adequacy of 
     reception facilities for receiving ozone depleting 
     substances, equipment containing such substances, and exhaust 
     gas cleaning residues at a port or terminal, and stating any 
     additional measures and requirements as are appropriate to 
     ensure such adequacy. Persons in charge of ports and 
     terminals shall provide reception facilities, or ensure that 
     reception facilities are available, in accordance with those 
     regulations. The Secretary and the Administrator may jointly 
     prescribe regulations to certify, and may issue certificates 
     to the effect, that a port's or terminal's facilities for 
     receiving ozone depleting substances, equipment containing 
     such substances, and exhaust gas cleaning residues from ships 
     are adequate.'';
       (2) in subsection (b) by inserting ``or the Administrator'' 
     after ``Secretary'';
       (3) in subsection (e) by striking paragraph (2) and 
     inserting the following:
       ``(2) The Secretary may deny the entry of a ship to a port 
     or terminal required by the MARPOL Protocol, this Act, or 
     regulations prescribed under this section relating to the 
     provision of adequate reception facilities for garbage, ozone 
     depleting substances, equipment containing those substances, 
     or exhaust gas cleaning residues, if the port or

[[Page 7634]]

     terminal is not in compliance with the MARPOL Protocol, this 
     Act, or those regulations.'';
       (4) in subsection (f)(1) by striking ``Secretary is'' and 
     inserting ``Secretary and the Administrator are''; and
       (5) in subsection (f)(2) by striking ``(A)''.

     SEC. 8. INSPECTIONS.

       Section 8(f) (33 U.S.C. 1907(f)) is amended to read as 
     follows:
       ``(f)(1) The Secretary may inspect a ship to which this Act 
     applies as provided under section 3(a)(5), to verify whether 
     the ship is in compliance with Annex VI to the Convention and 
     this Act.
       ``(2) If an inspection under this subsection or any other 
     information indicates that a violation has occurred, the 
     Secretary, or the Administrator in a matter referred by the 
     Secretary, may undertake enforcement action under this 
     section.
       ``(3) Notwithstanding subsection (b) and paragraph (2) of 
     this subsection, the Administrator shall have all of the 
     authorities of the Secretary, as specified in subsection (b) 
     of this section, for the purposes of enforcing regulations 17 
     and 18 of Annex VI to the Convention to the extent that 
     shoreside violations are the subject of the action and in any 
     other matter referred to the Administrator by the 
     Secretary.''.

     SEC. 9. AMENDMENTS TO THE PROTOCOL.

       Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting 
     ``or the Administrator as provided for in this Act,'' after 
     ``Secretary,''.

     SEC. 10. PENALTIES.

       Section 9 (33 U.S.C. 1908) is amended--
       (1) by striking ``Protocol,,'' each place it appears and 
     inserting ``Protocol,'';
       (2) in subsection (b)--
       (A) by inserting ``, or the Administrator as provided for 
     in this Act'' after ``Secretary'' the first place it appears;
       (B) in paragraph (2), by inserting ``, or the Administrator 
     as provided for in this Act,'' after ``Secretary''; and
       (C) in the matter after paragraph (2)--
       (i) by inserting ``, or the Administrator as provided for 
     in this Act'' after ``Secretary'' the first place it appears; 
     and
       (ii) by inserting ``, or the Administrator as provided for 
     in this Act,'' after ``Secretary'' the second and third 
     places it appears;
       (3) in subsection (c), by inserting ``, or the 
     Administrator as provided for in this Act,'' after 
     ``Secretary'' each place it appears; and
       (4) in subsection (f), by inserting ``, or the 
     Administrator as provided for in this Act'' after 
     ``Secretary'' the first place appears.

     SEC. 11. EFFECT ON OTHER LAWS.

       Section 15 (33 U.S.C. 1911) is amended to read as follows:

     ``SEC. 15. EFFECT ON OTHER LAWS.

       ``Authorities, requirements, and remedies of this Act 
     supplement and neither amend nor repeal any other 
     authorities, requirements, or remedies conferred by any other 
     provision of law. Nothing in this Act shall limit, deny, 
     amend, modify, or repeal any other authority, requirement, or 
     remedy available to the United States or any other person, 
     except as expressly provided in this Act.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Cummings) and the gentleman from Ohio (Mr. LaTourette) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  As the chairman of the Coast Guard and Maritime Transportation 
Subcommittee, I am pleased that the first piece of maritime legislation 
to be brought to the floor by the Committee on Transportation and 
Infrastructure is a bill that will enable us to combat pollution 
emitted by ships.
  The Maritime Pollution Prevention Act of 2007, H.R. 802, would 
institute the legal changes needed to bring the United States into 
compliance with the International Convention for the Prevention of 
Pollution from Ships, the MARPOL Convention Annex VI.
  MARPOL Annex VI limits the emissions from ships of sulfur oxide and 
nitrogen oxide, which are ozone-depleting substances. The Annex VI 
treaty was ratified by the Senate in April 2006 and came into force 
internationally in May of 2006.
  According to the United States Department of Transportation, ocean-
going ships transport 80 percent by weight of all goods and services 
moved into and out of the United States. The volume of trade through 
U.S. ports is only expected to increase.
  In fact, the United States Maritime Administration estimates that the 
total volume of trade handled by United States ports will double in the 
next 15 years. Unfortunately, the ships on which we rely to carry the 
trade that keeps our economy growing release excessive amounts of 
pollution.
  In fact, according to a very disturbing study released just last week 
by the International Council on Clean Transportation, the sulfur oxide 
emissions from ocean-going ships may exceed the total amount of such 
emissions produced by cars, trucks and buses in the world. Further, the 
International Maritime Organization, also known as IMO, estimates that 
as much as 80 percent of all ship emissions may be released within 250 
miles of shore.
  That means that much of the pollution emitted by ships is affecting 
the residents of port communities such as my hometown of Baltimore. The 
emissions of sulfur oxide from ships are also high because the bunker 
fuel used in ships may contain as much as 3 percent sulfur content by 
weight, or an astounding 28,000 parts per million of sulfur.
  By comparison, the new ultralow sulfur diesel fuel that is mandated 
for use in trucks in most of the United States is not allowed to 
contain more than 15 parts per million of sulfur. Given the nature of 
shipping, it is not possible for any single nation to unilaterally 
regulate emissions produced by ships.
  Instead, regulations applied to ocean-going vessels are usually 
developed through negotiations conducted by IMO, a specialized agency 
of the United Nations responsible for developing multinational 
conventions regulating international shipping.
  The member states of IMO developed the International Convention for 
the Prevention of Pollution from Ships treaty, known as MARPOL, which 
was adopted in 1973. This groundbreaking convention has already 
successfully limited all pollution and pollution from ships' garbage 
and sewage. The most recent annex to MARPOL convention, Annex VI, sets 
limits on emissions from ships of sulfur oxide and nitrogen oxide. This 
annex also establishes specific limits on the sulfur content of fuel 
oil used in ships.
  The measure before us today, H.R. 802, is a bipartisan measure that 
would bring United States law into compliance with the requirements of 
MARPOL Annex VI. The substitute amendment clarifies that the MARPOL 
Annex VI amendments apply only to vessels in the United States' 
exclusive economic zone once Annex VI becomes customary maritime law.
  The amendment also requires the EPA to consult with a State when 
establishing an emission area and requires that regulations regarding 
reception facilities be jointly prescribed by the Environmental 
Protection Agency and the United States Coast Guard. Through our 
participation in Annex VI, the United States will contribute to a 
global effort to control a large source of ozone-depleting emissions 
that has been virtually unregulated to this point.
  Mr. Speaker, our natural resources are our most precious gifts, and 
we are merely the stewards of these resources, responsible for 
preserving them for generations yet unborn.
  When you go into Sea World and Disney World, one of the things the 
signs that are written there say, ``We do not inherit our environment 
from our parents; we borrow it from our children.''
  I applaud Chairman Oberstar for his outstanding leadership on this 
issue and for his commitment to implementing measures that will help us 
combat the release of emissions from mobile sources that are 
contributing to global warming.
  I also thank our ranking member, the very distinguished gentleman, 
Congressman Mica, and the ranking member of our subcommittee on Coast 
Guard and Maritime Transportation, Congressman LaTourette, for their 
leadership in helping us to get this very, very important bill to the 
floor of the House so that we can send it on to the Senate.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 802, the Maritime Pollution 
Prevention Act of 2007. H.R. 802 was introduced by our full committee 
chairman, Jim Oberstar, and is similar language that was approved by 
voice vote in the House during the last Congress. I say ``similar to'' 
because there are some

[[Page 7635]]

differences, and we noted those differences at the time of the markup 
of this legislation.
  I want to thank the chairman of the full committee, Mr. Oberstar, and 
I also want to thank the distinguished chairman of our subcommittee, 
Mr. Cummings, for working with me and others on my side of the aisle to 
address our concerns with the introduced version of the bill.
  The bill will implement international requirements for air emissions 
from ships for purposes of U.S. law. Under this bill, the Coast Guard 
and the Environmental Protection Agency will be required to develop 
regulations that establish standards for emissions of ozone-depleting 
substances and other pollutants as well as marine fuel oil quality that 
are used in U.S. waters. I am happy to see that we are considering this 
legislation that will reduce our emissions from vessels operating in 
U.S. waters this early in the year.
  Again, I want to thank Chairman Oberstar and Chairman Cummings for 
working with us to improve the bill. I urge our colleagues to support 
this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I am very pleased to yield to the 
distinguished chairman of the Transportation Committee, Mr. Oberstar, 
such time as he may consume.
  Mr. OBERSTAR. I thank the gentleman for yielding. I especially want 
to thank the chairman of the Subcommittee on Coast Guard and Maritime 
Affairs for his leadership, absorbing so quickly in such a short period 
of time the complexities under the jurisdiction of this subcommittee. I 
also would like to express my appreciation to the gentleman from Ohio 
(Mr. LaTourette) for his partnership and working so diligently to bring 
this important legislation to the floor.
  Mr. Speaker, this is an international issue. In fact, just moments 
ago, just before arriving to the floor, I had a meeting with a 
representative of the transportation ministry of the European Union. He 
is the deputy in charge of the Transport Ministry of the European 
Union, and we were discussing the MARPOL legislation and the need for 
international participation and cooperation on these issues.
  In fact, the European Transport Ministry has established a new 
section dealing with maritime pollution issues which go beyond that of 
the subject of this legislation to include pollution at sea from 
accidents to maritime vessels, the first most serious of which was the 
Torrey Canyon disaster in the English Channel in 1967, which alerted 
all of the maritime sector to the need for double-hulled vessels, to 
the need for international standards on shipping.
  We have moved beyond the water pollution issue, ocean pollution 
issue, which continues to be a matter of great concern, to that of air 
pollution, which is the subject of this legislation, the discharge of 
nitrogen oxides from maritime diesel engines, the sulfur content of 
diesel fuel, ozone-depleting substances, volatile organic compounds and 
standards for shipboard incinerators, fuel oil quality, platforms for 
drill rigs at sea. All of these are the subject of this legislation and 
of the International Maritime Pollution Convention.
  At the beginning of next week, our committee will travel to Brussels 
to meet with members of the European Transport Ministry and members of 
the European Parliament Transport Committee to discuss this issue and 
other issues including emissions from aircraft at altitude, which are 
the subject of the ongoing discussions in the international community 
on emissions trading and steps that the international community 
together can take to reduce impact on factors that are accelerating 
global climate change.
  This legislation, in other words, is not just a relatively 
noncontroversial matter that we attempted to accomplish in the last 
Congress; but for various reasons, we were not able to do so with the 
other body. But this is one step in a global issue of international 
concern that brings the United States and its maritime partners into 
cooperation on matters that involve air quality at sea.
  I want to thank the gentleman from Maryland, the chairman of the 
subcommittee, for his diligent work, and Mr. LaTourette and Ranking 
Member Mica for their participation and working with us to bring this 
legislation to the floor. I hope that the other body will cooperate 
promptly and move this bill to the President.
  We have incorporated recommendations by the administration in this 
legislation to accommodate their interests.

                              {time}  1445

  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I might 
consume for the purposes of engaging in a colloquy with the 
distinguished chairman of the subcommittee.
  Chairman Cummings, if I could clarify, through this colloquy, the 
language that was included in sections 4 and 5.
  First, section 4 authorizes the Environmental Protection Agency, in 
consultation with the Coast Guard, to designate special areas where 
vessels would be required to comply with vessel emission regulations 
under Annex VI to the MARPOL Convention. This section also directs the 
EPA to consult with a State if such an area is established in an area 
that is under the jurisdiction of that State.
  Is it the chairman's understanding that the committee does not intend 
to require the agencies to consult with a State or to give a State any 
authority over a special area that is not wholly established outside of 
the three or, in some cases, nine nautical mile belt of waters that 
fall within the jurisdiction of a State?
  Mr. CUMMINGS. The gentleman is absolutely correct.
  Mr. LaTOURETTE. I thank the chairman.
  Additionally, Mr. Chairman, section 5 of the bill grants the EPA 
certain authorities to establish, administer and enforce regulations to 
implement MARPOL Annex VI. Is it the chairman's understanding that this 
language does not replace or reduce the Coast Guard's parallel 
authorities to administer and enforce regulations to implement Annex VI 
or other regulations under the Act to Prevent Pollution from Ships?
  Mr. CUMMINGS. The gentleman is absolutely correct.
  Mr. LaTOURETTE. I thank the chairman very much for his response. And, 
again, my congratulations to both chairmen, the chairman of the full 
committee, Mr. Oberstar, and the chairman of the subcommittee, Mr. 
Cummings, for bringing this legislation forward. And, again, my thanks 
for working with us to make the slight improvements to the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Again, I want to thank Chairman Oberstar and certainly Ranking Member 
Mica. But I also thank you very much, Mr. LaTourette, for your 
cooperation in moving this bill along.
  Mr. Speaker, I yield 2 minutes to Mr. Oberstar.
  Mr. OBERSTAR. Mr. Speaker, although it has been discussed previously 
before I reached the Chamber, I just want to be sure to emphasize the 
important change to allow EPA to enforce the standards in addition to 
the Coast Guard. These are changes requested by the administration. The 
Coast Guard acknowledging that EPA has far more experience than does 
the Coast Guard on air quality emission standards.
  It is important for EPA to develop standards jointly with the Coast 
Guard because, on the Coast Guard side, they have more knowledge and 
understanding and expertise in vessel safety issues that have to be 
incorporated into any air quality emission standards that may be 
promulgated.
  I want to emphasize this role of EPA, an important step forward, and 
I am very pleased the administration was emphatic in asking for an EPA 
role, and Coast Guard similarly has been very insistent on including 
EPA in this process. I think this will, overall, strengthen the result 
of the legislation that we are considering today.
  Mr. Speaker, I rise today to strongly support H.R. 802, the 
``Maritime Pollution Prevention

[[Page 7636]]

Act of 2007''. The gentleman from Maryland, Mr. Cummings, and I 
introduced this legislation in February to provide the U.S. Coast Guard 
and the Environmental Protection Agency (``EPA'') with the legal 
authority they need to implement Annex VI of the International 
Convention for the Prevention of Pollution from Ships.
  Global climate change is a critical issue, not only for the United 
States, but for every man, woman, and child that live on this planet 
called Earth. The international maritime community has recognized this 
problem and developed an international convention to help address air 
pollutants from diesel ships.
  For many years, the International Maritime Organization, an 
organization of the United Nations, has been developing international 
standards to prevent pollution from ships that ply the world's oceans. 
The international convention is called the International Convention for 
the Prevention of Pollution from Ships, 1973. The United States has 
implemented these environmental laws by enacting and amending the Act 
to Prevent Pollution from Ships (``APPS'').
  On May 19, 2005, Annex VI of that Convention came into force 
internationally. Annex VI limits the discharge of nitrogen oxides from 
large marine diesel engines, governs the sulfur content of marine 
diesel fuel, prohibits the emission of ozone-depleting substances, 
regulates the emission of volatile organic compounds during the 
transfer of cargoes between tankers and terminals, sets standards for 
shipboard incinerators and fuel oil quality, and establishes 
requirements for platforms and drilling rigs at sea. In April 2006, the 
Senate ratified this treaty by unanimous consent.
  H.R. 802 is the necessary implementing legislation for Annex VI of 
that Convention. This legislation will give the Coast Guard and the 
Environmental Protection Agency the authority they need to develop the 
U.S. standards and to enforce these requirements on the thousands of 
U.S.- and foreign-flag vessels that enter the United States each year 
from overseas.
  Everyone here recognizes the challenge that the world faces in 
combating global climate change. We must pursue all avenues in the 
effort to turn around the rising temperatures on this planet. I am 
pleased that the International Maritime Organization stepped up to the 
plate and developed amendments to the International Convention for the 
Prevention of Pollution from Ships to regulate air pollution from 
ships.
  Last year, the Committee on Transportation and Infrastructure 
reported H.R. 5811, the MARPOL Annex VI Implementation Act of 2006, 
favorably to the House. This bill was subsequently added to H.R. 5681, 
the Coast Guard Authorization Act of 2006, and passed the House on 
October 28, 2006.
  H.R. 802 is very similar to H.R. 5811, but includes changes to allow 
the EPA to enforce the standards, in addition to the Coast Guard. These 
changes were requested by the Administration. The Coast Guard 
acknowledges that the EPA has far more experience than they do on air 
quality emission standards. However, it is important for the EPA to 
develop the standards jointly with Coast Guard because of the Coast 
Guard's expertise over vessel safety issues.
  During Committee consideration of the bill, the Committee adopted an 
amendment in the nature of a substitute that clarifies that MARPOL 
Annex VI will only apply to vessels in the United State's 200-mile 
Exclusive Economic Zone when the Executive Branch determines that 
MARPOL Annex VI is customary international law. In addition, the 
amendment clarified that MARPOL Annex VI will not apply to public 
vessels owned by the U.S. Government until the head of the agency that 
operates the vessels agrees with the EPA Administrator that MARPOL VI 
should apply to that agency's vessels.
  The amendment in the nature of a substitute that the House considers 
today further clarifies that the application of MARPOL VI to the U.S. 
Exclusive Economic Zone and territorial sea takes effect when it 
becomes customary international law; requires EPA to consult with a 
State when establishing an emission area; and requires the regulations 
regarding reception facilities to be jointly prescribed by EPA and the 
Coast Guard.
  I would like to take the opportunity to thank our new Chairman of the 
Subcommittee on Coast Guard and Maritime Transportation, Mr. Cummings, 
for his help in developing this bill.
  I strongly urge my colleagues to support passage of H.R. 802, the 
Maritime Pollution Prevention Act of 2007.
  Mr. CUMMINGS. 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 Maryland (Mr. Cummings) that the House suspend the rules 
and pass the bill, H.R. 802, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CUMMINGS. 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. CUMMINGS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on H.R. 802.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.

                          ____________________




 SUPPORTING THE GOALS AND IDEALS OF PROFESSIONAL SOCIAL WORK MONTH AND 
                         WORLD SOCIAL WORK DAY

  Ms. SHEA-PORTER. Mr. Speaker, I move to suspend the rules and agree 
to the resolution (H. Res. 266) supporting the goals and ideals of 
Professional Social Work Month and World Social Work Day.
  The Clerk read the title of the resolution.
  The text of the resolution is as follows:

                              H. Res. 266

       Whereas social workers have the demonstrated education and 
     experience to guide individuals, families, and communities 
     through complex issues and choices;
       Whereas social workers connect individuals, families, and 
     communities to available resources;
       Whereas social workers are dedicated to improving the 
     society in which we live;
       Whereas social workers are positive and compassionate 
     professionals;
       Whereas social workers stand up for others to make sure 
     everyone has access to the same basic rights, protections, 
     and opportunities;
       Whereas social workers have been the driving force behind 
     important social movements in the United States and abroad; 
     and
       Whereas Professional Social Work Month, and World Social 
     Work Day, which is March 27, 2007, will build awareness of 
     the role of professional social workers and their commitment 
     and dedication to individuals, families, and communities 
     everywhere though service delivery, research, education, and 
     legislative advocacy: Now, therefore, be it
       Resolved, That the House of Representatives--
       (1) supports the goals and ideals of Professional Social 
     Work Month and World Social Work Day;
       (2) acknowledges the diligent efforts of individuals and 
     groups who promote the importance of social work and who are 
     observing Professional Social Work Month and World Social 
     Work Day;
       (3) encourages the American people to engage in appropriate 
     ceremonies and activities to further promote awareness of the 
     life-changing role of social workers;
       (4) recognizes with gratitude the contributions of the 
     millions of caring individuals who have chosen to serve their 
     communities through social work; and
       (5) encourages young people to seek out educational and 
     professional opportunities to become social workers.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Hampshire (Ms. Shea-Porter) and the gentleman from Tennessee (Mr. 
David Davis) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Hampshire.


                             General Leave

  Ms. SHEA-PORTER. Mr. Speaker, I request 5 legislative days during 
which Members may insert material relevant to House Resolution 266 into 
the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Hampshire?
  There was no objection.
  Ms. SHEA-PORTER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am pleased to rise today to offer House Resolution 
266, which honors the dedication and compassion of professional social 
workers. Our highest calling as humans is to provide service to others, 
especially those less fortunate than ourselves.

[[Page 7637]]

  At the turn of the 20th century, thousands of people lived in despair 
and poverty, and it was the early progressive moment in which the 
social work movement was born, providing food, clothing, health care 
and education to the less fortunate.
  Social workers had a role in civil rights and in women's freedom. 
Today, social workers continue this fight to ensure that vulnerable 
families have the support and the health care that they need.
  Social workers are everywhere in our society, caring for all of us. 
They help people in all stages of life, from children to the elderly, 
and in all situations, from adoption to hospice care. You can find 
social workers in hospitals, police departments, mental health clinics, 
military facilities and corporations.
  Professional social workers are the Nation's largest providers of 
mental health care services. They provide more mental health services 
than psychologists, psychiatrists and psychiatric nurses combined.
  More than 600,000 people in the United States hold social work 
degrees. The Veterans Administration employs more than 4,400 social 
workers to assist veterans and their families with individual and 
family counseling, client education, end-of-life planning, substance 
abuse treatment, crisis intervention and other services.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVID DAVIS of Tennessee. Mr. Speaker, I rise in support of House 
Resolution 266. This resolution would recognize the important work of 
our Nation's social workers and support the goals and ideals of 
Professional Social Worker Month and World Social Worker Day.
  Social work is a profession for those with a strong desire to help 
improve people's lives and play a valuable role in the Nation's health 
care system. Social workers help people function the best way they can 
in their environment, deal with their relationships, and solve personal 
and family problems.
  Social workers often see clients who face life-threatening disease or 
social problems such as inadequate housing, unemployment, a serious 
illness, a disability, or substance abuse. Social workers also assist 
families that have serious domestic conflicts, sometimes involving a 
child or spousal abuse.
  For example, child, family and school social workers provide social 
services and assistance to improve the social and psychological 
functioning of children and their families and to maximize the family 
well-being and academic functioning of children. They assist single 
parents, arrange adoption, or help find foster homes for neglected, 
abandoned or abused children.
  In schools, they address problems such as teenage misbehavior and 
truancy and advise teachers on how they can cope with problem students. 
Social workers also specialize in services for senior citizens, running 
support groups for family caregivers or for the adult children of aging 
parents, advising elderly people or family members about choices in 
areas such as housing, transportation, and long-term care and 
coordination and monitoring of these services.
  Through employee assistance programs, they may help workers cope with 
job-related pressures or with personal problems that affect the quality 
of their work.
  Medical and public health social workers provide persons, families, 
and vulnerable populations with psychosocial support needed to cope 
with chronic, acute and terminal illnesses such as Alzheimer's disease 
and cancer. They also assess and treat individuals with mental illness 
or substance abuse, including abuse of alcohol, tobacco and other 
drugs. They also may help plan for supportive services to ease 
patients' return into the community.
  In my State of Tennessee, we have a long tradition of recognizing the 
vital role of social workers. In 2005, the Tennessee legislature, of 
which I was honored to serve as a member for many years, passed 
important legislation which required social workers to have received a 
B.S. or master's degree in social work from an accredited school, 
received a doctorate or Ph.D. in social work, or have a specialized 
certificate or license from the State.
  As a society, we have come to trust that the people using a certain 
title have completed specific training to prepare them for their work 
in assisting the public. Thanks to this legislation, Tennessee now 
ensures that positions requiring the skills and training of 
professional social workers are filled with fully qualified 
professionals.
  In addition, the East Tennessee State University Department of Social 
Work has a long and proud history of preparing the majority of social 
workers in the region that I represent. In addition to providing high-
quality education to future social workers, the Department hosts a 
Social Work Career Day where students, community agencies and 
practitioners come together and share educational experience and 
information on a career in social work. Students and faculty are also 
involved in a number of community based interdisciplinary learning and 
service activities.
  According to the United States Department of Labor, the need for 
additional social workers is expected to increase faster than the 
average of all other occupations through the year 2014 due to the 
rapidly growing elderly population which is expected to create greater 
demand for health and social careers. The growth in social work is 
expected to occur most rapidly in home health care services, assisted 
living and senior living communities and the school setting. In 
addition, there is expected to be a significant need for those social 
workers specializing in substance abuse.
  Nearly 50 percent of the United States population, age 15 to 54, 
report having at least one psychiatric disorder. Both severe and 
persistent mental disorders, including addictions, have profound 
consequences for individuals, their families and society, affecting 
their ability to learn, to grow into healthy adults and to nurture 
children, to work and secure housing and to engage in other routines of 
living. Recognizing the prevalence of mental disorders and the cost 
they exact on our society, social workers provide more than 40 percent 
of all mental health services available to Americans, making them an 
integral part of our Nation's health care delivery system.
  So we stand here to recognize the importance of our Nation's social 
workers and support the Professional Social Work Month and World Social 
Work Day. We also stand to encourage more young adults to seek out 
educational and professional opportunities as social workers where they 
can play a positive impact on changing people's lives.
  Mr. Speaker, I urge my colleagues to join me in highlighting the 
contributions of social workers and to support House Resolution 266.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1500

  Ms. SHEA-PORTER. Today we thank all those who have toiled in the 
fields of our community, including my maternal grandmother, who left 
the comfort of her home each day at the turn of the century and went to 
the Lower East Side to help immigrants. And we praise all of those who 
reach out to others every day in their community.
  Social workers' service makes our communities stronger. March is 
National Professional Work Month, and Tuesday, March 27 is World Social 
Work Day. I honor their service and thank them for caring for all of us 
each day.
  Mr. Speaker, I yield back the balance of my time.
  Ms. LEE. Mr. Speaker, I'd like to thank my colleague Congressman Ciro 
Rodriguez for arranging this time on the floor for us to celebrate 
World Social Work Day and to acknowledge the contributions of social 
workers to the well-being of our society.
  I'm proud to say that I'm a social worker and that my predecessor, 
former Congressman and now mayor of Oakland, Ron Dellums, was also a 
social worker. I believe our records, interests and efforts here in 
Congress and outside reflect the influence of our social work 
background. This education has helped me to form my principles and has 
helped me to fight injustice and inequality, not just here in the U.S. 
but also abroad.

[[Page 7638]]

  Social workers make a difference in people's lives everyday and at 
all levels. They're in the streets working one-on-one with the 
homeless. They're in the hospitals and clinics helping people through 
their health crises. They're in the schools making our kids safe, 
adjusted, and prepared to take on the world. They're advocating for the 
rights of our country's most vulnerable citizens--our children, the 
elderly, the mentally ill, the poor, and others in our society that may 
not have a strong voice. They're fighting for social justice and human 
rights internationally and they're creating policies and programs here 
in the halls of both the Congress and the Senate that address the needs 
of our society.
  The hallmark trait of a social worker is their ability to empathize--
their ability and willingness to put themselves in someone else's 
place. This is not always an easy thing to do. Many times social 
workers encounter people who are in extreme states of crisis. Times 
when their lives are feeling out of control. It's no easy feat to step 
into someone else's nightmare and help them find the strength to cope, 
to problem-solve, and to move forward. But this is what social workers 
do on a daily basis.
  Nonetheless, there are also times that are incredibly heartening and 
rewarding--times that renew your faith in humanity. They are the times 
when you see the first trusting smile on the face of a child that came 
from the chaos of an abusive home and you feel that connection. They 
are the times when you're able to help a family--homeless and 
devastated by the ravages of a massive natural disaster. They are times 
when the grassroots movement you've been working with is able to 
achieve its goal. They're the times when you're able to help a young 
man who seemed like he was starting down the path to a life of crime to 
find a better road and to make better decisions.
  One of the ways that I think I've best used my social work education 
has been in the work I have done here in Congress. As a social worker, 
I am concerned about the many things that ail our community as a whole. 
That is why I have made the fight against AIDS a priority--not just 
domestically, but also abroad. We need to stop crimes against humanity, 
like the genocide that continues to ravage the Darfur region. I also 
believe we need to fully fund No Child Left Behind. Our education 
system is failing--No Child Left Behind is failing our children, our 
teachers, our parents, and our community as a whole.
  Recognizing the importance that social workers bring to our schools, 
I'd also like to take this opportunity to thank my colleagues who have 
cosponsored H.R. 171, the Student Support Act. I hope more of my 
colleagues will consider supporting this legislation, which helps 
ensure that our schools have the necessary amount of mental health 
professionals at their schools, including school social workers, school 
psychologists, counselors and psychiatrists. Almost all States fall 
below the recommended guidelines by the American Counseling Association 
of 1 counselor for every 250 students. My own State of California has 
966 students for every one counselor. So I hope my colleagues can 
cosponsor this important act, and maybe we can see this legislation 
make some progress here in the House.
  Social workers don't just make an impact on our students--social 
workers give back to our society by helping to make better citizens of 
us all. They strive to help their clients become the best that they can 
be, to improve their communities and to confront the injustices that 
they see. They foster a new way of looking at the world around you--one 
where you see promise and possibility. Social workers help us to 
realize a world where mediation, coalition building and effective 
communication are used to find peaceful solutions instead of military 
posturing.
  I'd like to close by saying, I'm grateful to be part of a profession 
that is devoted to service to our people and that is so necessary to 
our society's well-being. I know that many of my dedicated colleagues 
work quietly in the field and that their contributions are not always 
given the attention they deserve, so I'm very pleased to be able to 
celebrate this day and to publicly acknowledge their contributions.
  Thank you again, Congressman Ciro Rodriguez for organizing this 
special order, and also thank you to all of my colleagues who were able 
to participate tonight.
  Mr. DAVID DAVIS of Tennessee. Mr. Speaker, I yield back the balance 
of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Hampshire (Ms. Shea-Porter) that the House suspend 
the rules and agree to the resolution, H. Res. 266.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. SHEA-PORTER. 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.

                          ____________________




            DISADVANTAGED BUSINESS DISASTER ELIGIBILITY ACT

  Ms. VELAZQUEZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1468) to ensure that, for each small business participating 
in the 8(a) business development program that was affected by Hurricane 
Katrina of 2005, the period in which it can participate is extended by 
18 months, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1468

       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 ``Disadvantaged Business 
     Disaster Eligibility Act''.

     SEC. 2. EXTENSION OF PARTICIPATION TERM FOR VICTIMS OF 
                   HURRICANE KATRINA.

       (a) Retroactivity.--If a small business concern, while 
     participating in any program or activity under the authority 
     of paragraph (10) of section 7(j) of the Small Business Act 
     (15 U.S.C. 636(j)), was located in a parish or county 
     described in subsection (b) and was affected by Hurricane 
     Katrina of 2005, the period during which the small business 
     concern is permitted continuing participation and eligibility 
     in such program or activity shall be extended for an 
     additional 18 months.
       (b) Parishes and Counties Covered.--Subsection (a) applies 
     to any parish in the State of Louisiana, or any county in the 
     State of Mississippi or in the State of Alabama, that has 
     been designated by the Administrator of the Small Business 
     Administration as a disaster area by reason of Hurricane 
     Katrina under disaster declaration 10176, 10177, 10178, 
     10179, 10180, or 10181.
       (c) Review and Compliance.--The Administrator of the Small 
     Business Administration shall ensure that the case of every 
     small business concern participating before the date of the 
     enactment of this Act in a program or activity covered by 
     subsection (a) is reviewed and brought into compliance with 
     this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York (Ms. Velazquez) and the gentleman from Ohio (Mr. Chabot) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from New York.


                             General Leave

  Ms. VELAZQUEZ. 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 
gentlewoman from New York?
  There was no objection.
  Ms. VELAZQUEZ. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, Hurricane Katrina forced evacuation of individuals and 
business owners who are only recently recovering and rebuilding. 
Clearly, through no fault of their own, these firms have been 
disrupted.
  A number of these businesses are participants in the SBA's 8(a) 
program, the primary way that minority entrepreneurs enter the Federal 
marketplace. 8(a) is a business development initiative, and that is 
what the companies in the gulf region need right now.
  Because of the magnitude of the disaster, these companies need 
additional time in the 8(a) program. This will counterbalance the 
period of inoperability these firms experienced due to Hurricane 
Katrina. And I commend my colleague Mr. Jefferson from Louisiana for 
offering this solution.
  As currently structured, the program allows businesses to participate 
for a limited length of time. They are given 9 years and 9 years only. 
Even if the companies fail, they can never reapply and get back in.
  In this way 8(a) is different than any other SBA procurement 
initiative, which allow companies to be certified for increments of 3 
years. As long as they meet the eligibility criteria, they

[[Page 7639]]

can continue being recertified without end.
  It is because of this limitation that the 8(a) program is simply not 
structured to respond to companies that have been victimized by 
disasters.
  This bill is targeted and narrow. It applies only to 8(a) program 
participants in Alabama, Mississippi, or Louisiana that were impacted 
by this disaster. At most, this represents barely 4 percent of all 8(a) 
participants. Eighteen months is not a significant amount of time, but 
it could play a major role in ensuring that these businesses are able 
to participate in the rebuilding of their home States.
  I urge support of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1468, the Disadvantaged 
Business Disaster Eligibility Act. This legislation, as the chairwoman 
indicated, would simply extend for 18 months the period of time that 
8(a) Small Business Development Program participants who enrolled in 
the program prior to August 29 of 2005 could stay in the program by 18 
months if they had their businesses primarily located in the area 
devastated by Hurricane Katrina.
  The 8(a) Small Business Development Program, administered by the 
Small Business Administration, provides a useful mechanism for aspiring 
entrepreneurs and existing small business owners who, for social or 
economic reasons, may not have the same opportunities other small 
business owners have had and face challenging barriers to their 
success.
  Entrepreneurs who participate in the 8(a) program undergo an 
extensive 9-year process, where they obtain specialized business 
training, counseling, marketing assistance, and high-level executive 
development. They also receive additional help in the form of low-
interest loans, access to government surplus office equipment, and 
bonding assistance.
  The Small Business Development Program provides many of the tools 
needed for any small business to succeed. Most significantly, the 
program assists these entrepreneurs in obtaining Federal Government 
contracts as a base from which to grow their businesses. Given the 
devastation to the gulf coast region by Hurricane Katrina, access to 
Federal Government contracts constitutes an important component of the 
region's rebirth, and I think we all agree that we all want to see the 
rebirth in that area occur.
  Tragically, as every American remembers, the late summer of 2005 
proved to be one of the most catastrophic in American history. The 9.7 
million Americans residing on the gulf coast of Alabama, Louisiana, and 
Mississippi were victims of an unprecedented natural disaster, which, 
unfortunately, has become a nightmare that is etched in all our 
memories and a daily challenge for those who lived through it.
  The storms of 2005 drowned 80 percent of New Orleans in seawater, 
killed in excess of 1,600 people, destroyed more than 200,000 gulf 
coast homes, and displaced more than 1 million of our fellow Americans. 
Starting a new business is challenging under normal circumstances. Only 
two-thirds of them make it through their first 2 years. And needless to 
say, the devastation along the gulf coast compounds this difficulty 
exponentially.
  This legislation provides some additional time for those businesses 
facing the 9-year participation deadline provided for in the 8(a) 
program to get back on their feet. Nothing in the Small Business Act 
currently allows for an extension of participation as a result of 
extraordinary circumstances such as those created by Hurricane Katrina.
  For business owners that may not have had access to their businesses 
or their customers for months, the rigidity of the Small Business Act 
seems unduly harsh. An additional 18 months of assistance to firms who 
face an uphill battle before the storms hit who are now hanging on by a 
thread after the storms have passed is truly the least that we can do.
  Today I encourage my colleagues to support this necessary 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Louisiana (Mr. Jefferson).
  Mr. JEFFERSON. I thank the gentlewoman for yielding, and I am pleased 
to sponsor H.R. 1468, the Disadvantaged Business Disaster Eligibility 
Act. I would like to thank Chairwoman Velazquez as well as Ranking 
Member Chabot for their leadership in committee on this important bill. 
I would also like to thank the other members of the committee for 
voting in a bipartisan spirit to bring this measure to the floor in an 
expeditious manner.
  This bill provides that if a small business affected by Hurricane 
Katrina that participates in any section 8(a) business development 
program, the eligibility period for its participation in such program 
is extended by 18 months.
  The 8(a) program was designed as a 9-year business development 
program geared toward small businesses owned by citizens who are 
socially and economically disadvantaged. This program is of benefit to 
emerging African American, Hispanic, Asian American, and nonminority 
women-owned firms included in the program's coverage. Once the 
eligibility for the 9-year program has run out, the small business 
participating in the program is ineligible to re-enter it. When 
Hurricane Katrina ripped through New Orleans on August 29, 2005, it 
left 80,000 businesses damaged or destroyed, 97 percent of which were 
small businesses. A significant percentage were participating in the 
8(a) program and were forced to shut down for an extended period of 
time, losing time in the program through a series of events far beyond 
their control. It is only right and fair that we extend the period of 
eligibility so that the affected disadvantaged businesses are allowed 
to grow and flourish and enjoy the full 9 years of the program.
  Nineteen months since Katrina struck, most of our 8(a) firms across 
the gulf coast are still struggling to return.
  This bill is about equity and fairness at a time when the road to 
recovery has been anything but fair for disadvantaged firms in the 
region. For example, in the time just following the storm, 90 percent 
of the $2 billion in initial contracts were awarded to companies based 
outside of the three primary affected States and to large concerns. 
Minority businesses received just 1.5 percent of the first $1.6 billion 
spent there. Women-owned businesses received even less. This was the 
outcome in spite of laws such as the Stafford Act, which require 
contracting officials to prioritize awards to local businesses and to 
reach a goal of 5 percent of contracts to minority-owned businesses.
  The continued recovery from Katrina is made up of many interconnected 
issues, and we cannot fully recover without addressing all of them. 
Helping small businesses, as this and other bills such as the RECOVER 
Act do, restores jobs that our citizens can return home to and puts our 
businesses back on track. It broadens the tax base of our region and 
helps with our recovery.
  I look forward to continuing to work on the Small Business Committee 
with Ms. Velazquez and Mr. Chabot to address the needs of small 
businesses in the gulf region.
  Mr. CHABOT. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, I would like to thank the gentleman from 
Ohio (Mr. Chabot) for his support and cooperation in helping expedite 
this legislation.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Ms. Velazquez) that the House suspend the 
rules and pass the bill, H.R. 1468, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.

[[Page 7640]]

  A motion to reconsider was laid on the table.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess subject to the call of the Chair.
  Accordingly (at 3 o'clock and 13 minutes p.m.), the House stood in 
recess subject to the call of the Chair.

                          ____________________




                              {time}  1700
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Salazar) at 5 p.m.

                          ____________________




          ANIMAL FIGHTING PROHIBITION ENFORCEMENT ACT OF 2007

  Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 137) to amend title 18, United States Code, to 
strengthen prohibitions against animal fighting, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 137

       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 ``Animal Fighting Prohibition 
     Enforcement Act of 2007''.

     SEC. 2. ENFORCEMENT OF ANIMAL FIGHTING PROHIBITIONS.

       (a) In General.--Chapter 3 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 49. Enforcement of animal fighting prohibitions

       ``Whoever violates subsection (a), (b), (c), or (e) of 
     section 26 of the Animal Welfare Act shall be fined under 
     this title, imprisoned for not more than 3 years, or both, 
     for each violation.''.
       (b) Clerical Amendment.--The table of contents for such 
     chapter is amended by inserting after the item relating to 
     section 48 the following:

``49. Enforcement of animal fighting prohibitions.''.

     SEC. 3. AMENDMENTS TO THE ANIMAL WELFARE ACT.

       Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is 
     amended--
       (1) in subsection (c), by striking ``interstate 
     instrumentality'' and inserting ``instrumentality of 
     interstate commerce for commercial speech'';
       (2) in subsection (d), by striking ``such subsections'' and 
     inserting ``such subsection'';
       (3) by striking subsection (e) and inserting the following:
       ``(e) It shall be unlawful for any person to knowingly 
     sell, buy, transport, or deliver in interstate or foreign 
     commerce a knife, a gaff, or any other sharp instrument 
     attached, or designed or intended to be attached, to the leg 
     of a bird for use in an animal fighting venture.'';
       (4) in subsection (g)--
       (A) in paragraph (1), by striking ``or animals, such as 
     waterfowl, bird, raccoon, or fox hunting''; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) the term `instrumentality of interstate commerce' 
     means any written, wire, radio, television or other form of 
     communication in, or using a facility of, interstate 
     commerce;''; and
       (5) by adding at the end the following new subsection:
       ``(i) The criminal penalties for violations of subsection 
     (a), (b), (c), or (e) are provided in section 49 of title 18, 
     United States Code.''.

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


                             General Leave

  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all 
Members 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 Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 137 is a bipartisan effort by the Judiciary 
Committee, led by the gentleman from California (Mr. Gallegly) as the 
chief sponsor and the gentleman from Oregon (Mr. Blumenauer) as the 
lead Democratic sponsor. Both have worked long and hard on this issue. 
I would also like to express my appreciation to Chairman Conyers, 
Ranking Member Smith, and Subcommittee Ranking Member Forbes for their 
leadership and support in moving this matter forward, and also the 
former chairman of the committee, Mr. Coble, who is with us today.
  The Animal Fighting Prohibition Enforcement Act of 2007 addresses the 
growing problem of staged animal fighting in this country. It increases 
the penalties under the current Federal law for transporting animals in 
interstate commerce for the purpose of fighting and for interstate and 
foreign commerce in knives and gaffs designed for use in cockfighting.
  Specifically, H.R. 137 makes violations of the law a felony 
punishable by up to 3 years in prison. Currently, these offenses are 
limited to misdemeanor treatment with the possibility of a fine and up 
to 1 year of imprisonment. Most States make all staged animal fighting 
illegal. Just one State currently allows cockfighting to occur legally.
  The transport of game birds for the purpose of animal fighting and 
the implements of cockfighting are already prohibited by Federal law, 
though the current law only allows, as I have indicated, the 
misdemeanor treatment. In 1976 Congress amended title 7, U.S. Code, 
section 2156, the Animal Welfare Act, to make it illegal to knowingly 
sell, buy, transport, deliver, or receive a dog or other animal in 
interstate or foreign commerce for the purposes of participation in an 
animal fighting venture or knowingly sponsoring or exhibiting an animal 
in a fighting venture if any animal in the venture was moved in 
interstate or foreign commerce. Amendments to the Animal Welfare Act 
contained a loophole, however, that allowed shipments of birds across 
State lines for fighting purposes if the destination State allowed 
cockfighting.
  While Congress did amend section 26 of the Animal Welfare Act to 
close this loophole in 2002, the penalty section and other provisions 
of the act have not been updated since their original enactment in 
1976. This bill is designed to address those shortfalls to more 
effectively cover modern problems associated with animal fighting 
ventures.
  As I have already mentioned, the legislation increases current 
penalties to provide a meaningful deterrent. One of the primary reasons 
for enacting the increased penalties under title 18 is the reluctance 
of U.S. Attorneys to pursue animal fighting cases under the current 
misdemeanor provisions because they view the penalties as ineffective 
against an animal fighting industry, which has continued unabated 
nationwide.
  H.R. 137 further makes it a felony to transport cockfighting 
implements in interstate or foreign commerce. These implements take the 
form of razor-sharp knives, known as slashers; or gaffs, instruments 
shaped in the form of curved ice picks that are attached to birds' legs 
for fighting. Proponents of these implements within the game fowl 
community apparently contend that they inflict cleaner wounds upon the 
birds which are then quicker and easier to heal.
  Since penalties against animal fighting were codified in 1976, 
Federal authorities have pursued less than half a dozen animal fighting 
cases, despite the fact that the USDA has received numerous tips from 
informants and requests to assist with State and local prosecutions.
  In addition, despite the fact that all 50 States have banned dog 
fighting and all but one State has banned cockfighting, the animal 
fighting industry continues to thrive within the United States. 
Numerous nationally circulated animal fighting magazines advertise 
fighting animals, and paid lobbyists continue to advocate for animal 
fighters' interests. Thankfully, H.R. 137 will seek to bring an end to 
these practices.
  Finally, Mr. Speaker, this bill affects matters within the 
jurisdiction of the

[[Page 7641]]

Committee on Agriculture and the Judiciary Committee. Both committees 
have worked closely together to ensure that all matters are dealt with 
appropriately. We appreciate their assistance in bringing this bill 
expeditiously to the floor, and I will insert into the Congressional 
Record at this point an exchange of letters between Chairman Peterson 
of the Agriculture Committee and Chairman Conyers of Judiciary.
                                    U.S. House of Representatives,


                                   Committee on the Judiciary,

                                    Washington, DC, March 8, 2007.
     Hon. Collin C. Peterson,
     Chairman, Committee on Agriculture,
     Washington, DC.
       Dear Mr. Chairman: Thank you for your recent letter 
     regarding the Agriculture Committee's jurisdictional interest 
     in H.R. 137, the ``Animal Fighting Prohibition Enforcement 
     Act of 2007,'' which the Committee on the Judiciary reported 
     by voice vote. As ordered reported, the bill establishes 
     criminal penalties for violations of Federal prohibitions on 
     animal fighting.
       I appreciate your willingness to discharge the bill from 
     further consideration by your Committee, in order to expedite 
     its floor consideration. I understand and agree that this is 
     without prejudice to your Committee's jurisdictional 
     interests in this or similar legislation in the future. In 
     the event a House-Senate conference on this or similar 
     legislation is convened, I would support your request for an 
     appropriate number of conferees.
       I will include a copy of your letter and this response as 
     part of the Congressional Record during consideration of the 
     legislation on the House floor. Thank you for your 
     cooperation as we work towards enactment of H.R. 137.
           Sincerely,
                                                John Conyers, Jr.,
     Chairman.
                                  ____

                                    U.S. House of Representatives,


                                     Committee on Agriculture,

                                    Washington, DC, March 8, 2007.
     Hon. John Conyers,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Mr. Chairman: Thank you for your recent letter 
     regarding Judiciary Committee action on H.R. 137, a bill to 
     establish criminal penalties for violations of Federal 
     prohibitions on animal fighting.
       In the interest of expediting the consideration of H.R. 
     137, I agree to the discharge of the bill from further 
     consideration by the Committee on Agriculture. I do so with 
     the understanding that the Committee on Agriculture does not 
     waive any future jurisdictional claim over this or similar 
     matters. In the event a conference with the Senate is 
     requested on this bill, the Committee on Agriculture reserves 
     the right to seek appointment of conferees.
       Thank you for your cooperation in this matter.
           Sincerely,
                                               Collin C. Peterson,
                                                         Chairman.

  With that, Mr. Speaker, I urge my colleagues to support the 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 137, the Animal Fighting Prohibition Enforcement 
Act of 2007, creates Federal felony penalties for animal fighting. The 
distinguished gentleman from California (Mr. Gallegly) is the lead 
sponsor of this bill with over 300 cosponsors from both sides of the 
aisle.
  The Animal Fighting Prohibition Enforcement Act increases criminal 
penalties for illegal dog fighting and cockfighting. The act, 
furthermore, imposes penalties for the interstate promotion of animal 
fighting and the interstate transportation of animals for use in an 
animal fighting venture.
  All 50 States, Mr. Speaker, prohibit dog fighting, and 48 States 
prohibit cockfighting. Louisiana and New Mexico, the two States that 
do, in fact, allow cockfighting, may take up legislation to ban the 
practice as early as this year.
  According to the Humane Society, animal fighting, particularly 
cockfighting, has become an interstate venture with small syndicates of 
cockfighters moving across the country staging these different fights. 
Animal fighting is also linked oftentimes with other criminal conduct 
such as drug trafficking, illegal firearms sales, and gang activity.
  By raising this offense from a misdemeanor to a felony, we are more 
likely to deter illegal animal fighting and increase the likelihood 
that Federal prosecutors will pursue these cases.
  I urge my colleagues to support this bipartisan legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Michigan (Mr. Conyers), chairman of the 
Judiciary Committee.
  Mr. CONYERS. Mr. Speaker, to subcommittee Chairman Bobby Scott we owe 
a debt of gratitude, as well as to subcommittee Ranking Member Coble 
and, of course, the author of this bill, Elton Gallegly, who through 
the years has persevered to make us finally come to this day. I guess 
we should also thank about 303 Members of the House of Representatives 
that have stuck with us and supported this legislation all this time. 
My congratulations to all of you. I never thought that a measure that 
was not considered as grave and large as some of the issues that come 
before the House Judiciary Committee would meet with so much 
encouragement and support to get us to this day. I congratulate the 
House of Representatives and the leadership on both sides.
  I join, of course, in this measure and would like to make this point: 
this legislation includes a special provision clarifying the fact that 
it only supersedes State law in the case of a direct or irreconcilable 
conflict. The Humane Society is with us. The American Veterinary 
Medical Association is with us. The National Association of Sheriffs is 
with us, and hundreds and hundreds of local law enforcement agencies in 
every State of the Union have all come out in support of this basic, 
commonsense, long overdue legislation.
  I thank those who have worked so tirelessly across the years to bring 
us to this day where this bill has now come before the floor.
  I'm pleased to join the growing list of supporters, including the 30 
or so Members of the Judiciary Committee, that have decided to lend 
their support to this measure.
  For far too long, the sponsors of abusive animal fighting events 
(including cockfight and dog fight promoters) have been permitted to 
freely engage in such activities without any real fear of prosecution. 
Fortunately, the bill before us seeks to change that.
  First, the legislation provides up to the three years in jail for 
people who transport animals in interstate commerce with the purpose of 
participating in an animal fighting venture. Current law only treats 
such offenses as a mere misdemeanor. However, research has shown us 
that simple misdemeanor criminal penalties don't provide enough of a 
meaningful deterrent, especially when thousands of dollars are wagered 
on a single dog or cock fight.
  Second, the legislation makes it unlawful to sell or ship instruments 
in interstate commerce that are designed to be attached to the leg of a 
bird for use in an animal fighting venture. Razor sharp knives, 
commonly known as ``slashers'', are oftentimes attached to the legs of 
a bird to make cockfights even more violent. This provision would 
prohibit such activity, and subject any violators to a term of 
imprisonment of up to three years in jail.
  Finally, the legislation includes a special provision clarifying that 
this measure only supersedes state law in the case of a direct or 
irreconcilable conflict.
  The Humane Society, the American Veterinary Medical Association, the 
National Sheriffs Association, and nearly 400 local law enforcement 
agencies covering all 50 states have all come out in support of this 
legislation.
  I strongly urge my colleagues to lend their support to this 
bipartisan, commonsense measure as well.
  Mr. COBLE. Mr. Speaker, I now yield 3 minutes to the distinguished 
gentleman from California (Mr. Gallegly), member of the House Judiciary 
Committee and original sponsor of this legislation.
  Mr. GALLEGLY. Mr. Speaker, I thank the gentleman for yielding.
  As you know, along with my good friend Earl Blumenauer and Roscoe 
Bartlett, we have been trying to federally criminalize this brutal, 
inhumane practice of animal fighting for the past several Congresses.
  When Congress enacted legislation to tighten Federal animal fighting 
laws, we left in place weak penalties that have proven ineffective and 
allowed the barbaric practice to thrive, in spite of bans in virtually 
every State. Misdemeanor penalties simply don't provide a meaningful 
deterrent. Animal fighters consider misdemeanor penalties as a ``slap 
on the wrist'' or merely the ``cost of doing business.''

[[Page 7642]]

  State and local law enforcement officials are increasingly concerned 
about animal fighting not only because of the animal cruelty involved 
but because of the other crimes that often go hand in hand with animal 
fighting, including illegal gambling, drug trafficking, and acts of 
human violence. In the last 6 months, virtually every reported arrest 
in an animal fight has also led to additional arrests for at least one 
of these criminal activities.
  Cockfighting has also spread diseases that jeopardize poultry and 
even public health. California experienced this firsthand when 
cockfighters spread exotic Newcastle disease in 2002 and 2003. That 
outbreak cost U.S. taxpayers nearly $200 million to eradicate, and the 
cost to the U.S. poultry industry was in the millions. Cockfighting has 
been identified as the major contributor to the spread of avian flu 
throughout Thailand and other parts of Asia, where the strain 
originated.
  I want to express my sincere thanks to you, Earl Blumenauer, and to 
Roscoe Bartlett for their work on this legislation. I also commend and 
thank my good friend and neighbor Mr. John Conyers, the chairman of the 
committee; Lamar Smith, the ranking member; Bobby Scott, the chairman 
of the subcommittee; and Randy Forbes, the ranking member, for 
recognizing the importance of this issue and moving H.R. 137 through 
the Judiciary Committee so quickly.

                              {time}  1715

  Also I want to recognize Collin Peterson on the Ag Committee for his 
assistance.
  Finally, more important than all, is recognizing the 303-plus Members 
that have co-sponsored this legislation. It is hard to believe that we 
have that many people agreeing on something like this when it is not 
often that we have that many people in the House agreeing on what day 
of the week it is. So I want to thank all of them for their support.
  Mr. Speaker, I ask my colleagues to join with all of us in passing 
this legislation when we bring it to a vote here in a couple of 
minutes.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 3 minutes to the 
gentleman from Oregon (Mr. Blumenauer), the lead Democratic sponsor of 
this measure.
  Mr. BLUMENAUER. Mr. Speaker, I appreciate Mr. Scott's courtesy in 
permitting me to speak and the leadership in taking what is seemingly a 
simple and innocuous bill and bringing it to the floor of the House. I 
appreciate working with my friend, Elton Gallegly. This has been a long 
haul, lots of ups and downs, but today we reach an important milestone.
  This is my fifth year of working on this issue. We were exposed to it 
during the last farm bill. We found that this got caught up in back-
room machinations that really just defy description.
  You have already heard about the despicable cruelty. You have heard 
about the association with illegal activity, gambling, violence, drugs 
and firearms trade. Louisiana is now poised to become the last State to 
make it illegal, making it illegal in every State in the Union.
  Why then is this even an issue? Well, it is an underground and 
pervasive activity. It is in fact active across the country.
  I just heard from one of our floor staff as we walked in today that 
he saw accounts from small town newspapers in Alabama the last 2 weeks 
in articles there. In Portland, Oregon, in recent months we have had 
officers break into a meth and coke den where there were 43 live 
chickens and all the equipment, as well as illegal weapons and large 
amounts of cash. In another high-profile case in my community, a 
professional basketball player was involved with illegal fighting of 
his pit bull.
  This is something that has been an area, frankly, where Congress has 
shamefully been complicit. We have ignored the fact that inadequate 
penalties, as has been said by the chairman of the committee, by my 
friend from California, which have just been the ``cost of doing 
business,'' We have looked the other way.
  This is an important vote today. I am confident with over 300 co-
sponsors it will pass, and it will pass overwhelmingly. But the battle 
is not done. Never underestimate the power of the apologists, the 
allies and the enablers of this vicious and cruel, I won't even call it 
a ``sport,'' it is a vicious practice.
  I am hopeful that we will move forward with not just voting today, 
but make sure that it passes the other body, and it is not subjected, 
as it has been time and time again over the last 5 years, to some other 
devious action.
  Do not sell short the people who are apologists for this sport. Join 
with us not just with your vote but to make sure that we get this 
legislation enacted and then enforced around the country.
  Mr. COBLE. Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 2\1/2\ minutes to the 
gentlelady from California, Ms. Sanchez.
  Ms. LINDA T. SANCHEZ of California. Mr. Speaker, I rise today in 
proud support of H.R. 137, the Animal Fighting Prohibition Enforcement 
Act of 2007, because it is time for the Federal Government to up the 
ante in its efforts to curb this cruel and gruesome abuse of animals.
  The current misdemeanor penalties in Federal law have not been 
effective. They are considered a cost of doing business by the animal 
fighting industry, which continues to operate across the country.
  This bill addresses the growing problem of animal fighting by 
amending Federal law to prohibit moving animals through interstate 
commerce for the purpose of fighting.
  Do we want to make a Federal case out of this? Yes, we do. Those who 
profit from animal fighting often drug dogs and roosters to make them 
hyper-aggressive and to keep fighting even after suffering severe 
injuries. The animals are in a closed pit from which they cannot 
escape. Often, they die during the fight. This is a gruesome and 
inhumane practice. The American people agree. Dog fighting is illegal 
in 50 States and cockfighting is illegal in most.
  Current law is simply not strong enough. Animal fighting often leads 
to additional criminal behavior. It is associated with illegal 
gambling, narcotics trafficking, public corruption, gang activity, and 
violent behavior toward people.
  The National Sheriffs' Association supports the legislation, and more 
than 400 individual sheriffs and police departments in every State in 
the country have endorsed it. They recognize that animal fighting often 
involves movement of animals across interstate and foreign borders, and 
they can't do the job on their own. They need the Federal Government to 
do its part to curb this dangerous activity.
  I am proud to be a part of this bipartisan effort to curb this 
appalling treatment of animals. I urge my colleagues to join me in 
voting yes on H.R. 137.
  Mr. COBLE. Mr. Speaker, I continue to reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 3 minutes to the 
gentleman from Tennessee (Mr. Cohen).
  Mr. COHEN. Mr. Speaker, I want to thank the gentleman from Virginia 
for this time.
  This is my first year in the Congress. In my 24 years in the State 
senate, I was the leading spokesperson for animal welfare legislation, 
and I took great pride in that. So I am particularly appreciative of 
standing up on this bill.
  I incorporate by reference all the things that have been said about 
the harmful effects of this practice, and they are well known. I think 
that the spread of avian flu and all the other pertinent conduct is to 
be prohibited.
  But the main thing is, dogs are our best friends. Harry Truman said, 
if you want a friend in Washington, get a dog. So far, I haven't been 
here 90 days, I have made lots of friends. I haven't needed a dog yet, 
but I have thought about the day. I saw a Congressman come in the other 
day, Congressman Whitfield from Kentucky, he had his dog with him. He 
has been here more years than me.
  Dogs are our friends. We all have dogs that we feel that are part of 
our families. We shouldn't treat any of God's creatures the way that 
people

[[Page 7643]]

treat dogs and cocks; and I guess if I was from Kentucky, Congressman 
Yarmuth, I could speak more fondly about chickens, because the Colonel 
and KFC have done a lot for his district.
  But my particular interest is dogs, and we should treat them well. 
They are our friends. You can go back in TV lore, Lassie and Asta, and 
you think about Snoopy. To teach them to fight, to require them to 
fight, to watch them die is just not what God intended and not what we 
should encourage and condone.
  Children shouldn't be exposed to this, and sometimes they are. This 
type of conduct leads to other types of harmful conduct and violence 
against women, violence against seniors. People who enjoy this type of 
violence and watching it are more often than not going to be the most 
likely people to pick on others who are unable to take care of 
themselves.
  I am very proud to be a cosponsor of H.R. 137. I look forward to its 
passage and the day that we don't have people who get some type of 
great enjoyment out of watching dogs, cocks or any other of God's 
creatures fight to the death and find pleasure and enjoyment in it and 
teach their children by that association that violence is something 
good, when it isn't.
  Mr. COBLE. Mr. Speaker, I am advised the distinguished gentleman from 
Virginia would like me to yield 3 minutes to the distinguished 
gentleman from Virginia (Mr. Moran) which I am pleased to do.
  Mr. MORAN of Virginia. Mr. Speaker, I thank both my friend from North 
Carolina and my friend from Virginia, as well as the chairman of the 
Judiciary Committee, for bringing this forward, as well as those who 
have spoken on behalf of this bill.
  This is not just a nuisance industry. This is a malicious industry 
that represents a very, very serious public health threat. We are very 
much concerned that the interstate or international transport, 
especially of birds used for cockfighting, could spread an influenza 
outbreak. The World Health Organization has reported at least nine 
confirmed human cases of avian flu in Thailand and Vietnam that they 
expect is related directly to cockfighting activity.
  The American Veterinary Medical Association, the poultry industry, 
all the animal protection associations, of course, but the National 
Sheriffs' Association as well has urged us to pass this bill.
  Yes, there are 50 different State bills against dog fighting, 49 
against cockfighting, but many of them are different. And the fact is 
there is a great deal of interstate commerce that takes place, so you 
need a Federal law banning this, because it is so closely associated, 
and this is what the National Sheriffs' Association tells us, so 
closely associated to illegal gambling, trafficking of narcotics, 
public corruption, dangerous gang activity. There are so many reasons 
why we should ban this practice.
  As has been said, it is cruel, and it is inhumane. They drug these 
animals so that they are hyper-aggressive, so that they will continue 
fighting until they kill or are killed. That is not right. It is not 
moral. But even beyond the cruel and inhumane aspect of this practice, 
it represents a very dangerous public health threat, as well as a 
source of a great deal of other illegal criminal activity.
  This House would be well-served to listen to the more than 300 
Members who have cosponsored this legislation and pass it today.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 1 minute to the 
gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Speaker, let me thank the author of the 
bill and certainly the chairman of the Subcommittee on Crime, the 
chairman of the full committee and ranking members as well.
  I rise to enthusiastically support H.R. 137 and announce that it is 
impacting so many different communities that it is imperative that 
there be a Federal prohibition on transporting animals interstate. 
There is a question of disease, there is a question of violence, and 
certainly with the increasing numbers of dangerous animals that attack 
human beings, fighting animals certainly pose a severe threat to the 
community.
  This is a good bill. I am delighted to be a co-sponsor. The good news 
is that we are getting it through the House today. This bill has been 
around since the last session. I congratulate all of the authors. It is 
time now to spell relief by passing this bill and protecting the lives 
of our children and saving the lives of those who would be endangered 
by cockfighting and other dangerous activities with animals.
  Mr. Speaker, I rise in strong support of H.R. 137, the ``Animal 
Fighting Prohibition Enforcement Act of 2007.'' I was a co-sponsor of 
this legislation when it was considered in the 109th Congress and a 
strong supporter and co-sponsor when the bill was re-introduced in this 
Congress.
  Mr. Speaker, H.R. 137 establishes felony-level jail time (up to 3 
years) for violators of the Federal animal fighting law. The bill 
amends Title 18 of the U.S. Code to strengthen the maximum jail time 
from the 1-year misdemeanor level in current law. The bill also 
prohibits interstate and foreign commerce in cockfighting weapons.


  1. DOGFIGHTING AND COCKFIGHTING ARE INHUMANE AND BARBARIC ACTIVITIES

  In a typical fight, animals are drugged to heighten their aggression 
and forced to keep fighting even after injuries such as pierced lungs 
and gouged eyes--all for the amusement and illegal wagering of handlers 
and spectators. Dogfighting and cockfighting are also associated with 
other criminal conduct, such as drug traffic, illegal firearms use, and 
violence toward people. Children are often present at these spectacles. 
Some dogfighters steal pets to use as bait for training their dogs; 
some allow trained fighting dogs to roam neighborhoods and endanger the 
public.


                     2. FELONY PENALTIES ARE NEEDED

  Misdemeanor penalties don't provide a meaningful deterrent; they're 
considered a ``slap on the wrist'' or a ``cost of doing business.'' And 
prosecutors are reluctant to pursue animal fighting cases carrying only 
a misdemeanor penalty. Since the Federal animal fighting law was first 
enacted in 1976, authorities have pursued only a handful of cases, 
despite receiving innumerable informant tips about illegal interstate 
activity and requests to assist with state and local busts and 
prosecutions.


 3. THE ANIMAL FIGHTING PROHIBITION ENFORCEMENT ACT BRINGS FEDERAL LAW 
                        IN LINE WITH STATE LAWS

  When the Federal animal fighting law was enacted in 1976, only one 
state had felony penalties for animal fighting. Today, dogfighting is a 
felony in 48 states, and cockfighting is a felony in 33 states. State 
laws commonly authorize jail time of 3 to 5 years or more for animal 
fighting.


4. OTHER RECENT FEDERAL ANIMAL PROTECTION LAWS THAT AMENDED TITLE 18 OF 
                  THE U.S. CODE HAVE FELONY PENALTIES

  In 1999, Congress authorized imprisonment of up to 5 years for 
interstate commerce in videos depicting animal cruelty, including 
animal fighting (P.L. 106-152), and mandatory jail time of up to 10 
years for willfully harming or killing a federal police dog or horse 
(P.L. 106-254).


5. THERE IS NO REASON TO ALLOW INTERSTATE AND FOREIGN COMMERCE IN SHARP 
             IMPLEMENTS DESIGNED EXCLUSIVELY FOR COCKFIGHTS

  Razor-sharp knives known as ``slashers'' and ice pick-like gaffs are 
attached to the legs of birds to make cockfights more violent. These 
weapons, used only in cockfights, are sold through cockfighting 
magazines and through the Internet.


   6. THE ANIMAL FIGHTING INDUSTRY CONTINUES TO THRIVE ACROSS THE U.S

  All 50 states ban dogfighting, 48 states ban cockfighting, and there 
has been a dramatic increase in the number of animal fighting raids by 
state and local authorities. Yet numerous nationally circulated animal 
fighting magazines still promote these cruel practices and advertise 
fighting animals and the accoutrements of animal fighting. There are 
also several active websites for animal fighting enthusiasts, and paid 
lobbyists advocating animal fighters' interests.


 7. COCKFIGHTERS HAVE SPREAD DISEASES AND POSE A CONTINUING THREAT TO 
                       FARMERS AND PUBLIC HEALTH

  As former Agriculture Secretary Ann Veneman wrote in a May 2004 
letter indicating the Bush Administration's endorsement of the animal 
fighting felony legislation:

       ``[cockfighting has] been implicated in the introduction 
     and spread of exotic Newcastle disease in California in 2002-
     2003, which cost U.S. taxpayers nearly $200 million to 
     eradicate, and cost the U.S. poultry industry many millions 
     more in lost export markets. . . . We believe that tougher 
     penalties

[[Page 7644]]

     and prosecution will help to deter illegal movement of birds 
     as well as the inhumane practice of cockfighting itself.''

  According to government officials, interstate and international 
transport of fighting birds posed the greatest risk of transmission, 
since cockfighters move their birds often and participants from as many 
as a dozen states gather at illegal fighting derbies.
  Cockfighting also has been implicated in the deaths of at least 9 
people in Asia who were reportedly exposed through cockfighting 
activity to bird flu. The National Chicken Council, which represents 95 
percent of U.S. poultry producers/processors, has called on Congress to 
enact the animal fighting felony legislation, noting ``we are concerned 
that the nationwide traffic in game birds creates a continuing hazard 
for the dissemination of animal diseases.'' We can't afford not to act. 
The economic consequences of an avian influenza outbreak are 
staggering--with U.S. losses estimated at between $185 and $618 billion 
(Congressional Budget Office) and worldwide losses projected from $1.5 
to $2 trillion (The World Bank).


           8. H.R. 137 ENJOYS OVERWHELMING BIPARTISAN SUPPORT

  H.R. 137 currently has more than 300 sponsors. More than 400 local 
and state law enforcement agencies covering every state in the country 
have endorsed this legislation, along with animal welfare, poultry 
industry, and other organizations. Enacting this animal fighting 
legislation is long overdue.
  Mr. Speaker, I urge my colleagues to support H.R. 137.
  Mr. COBLE. Mr. Speaker, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I urge my colleagues to support 
this legislation. It is bipartisan legislation. We have listened to all 
of the people who have worked long and hard on this legislation. I hope 
it will be the pleasure of the House to pass the bill.
  Mr. BLUMENAUER. Mr. Speaker, I support the Animal Fighting 
Prohibition Act, which would raise the penalty for violators of the 
federal animal welfare law, from a class 1 misdemeanor to a felony. In 
an industry where thousands of dollars change hands with each fight, 
misdemeanor fines and charges are simply considered ``the costs of 
doing business''. This bill would close this loophole and keep 
criminals from traveling to states with weaker penalties to conduct 
their business.
  Animal fights are not only despicable for their cruelty to animals, 
but they are commonly associated with illegal gambling, drug traffic, 
firearms trades, and numerous other illicit activities. Recently in 
Oregon, officers found meth, cocaine, $10,000 in cash, along with 43 
live chickens, cockfighting equipment including metal spurs and gaffs 
in a Portland man's home. Drugs are often the impetus for the discovery 
of gamecocks and illegal weapons. In another high profile Oregon case, 
a former Portland Trailblazer pled guilty to animal abuse for fighting 
his pit bull. Officials found her bloody, scarred, and covered in tar 
which is used by fighters as a cheap antiseptic to fresh wounds.
  But animal fighting doesn't just pose a threat to the people and 
animals who engage in them, it has enormous costs to the United States 
health and economy. Cockfighting has been implicated in the 
introduction and spread of exotic Newcastle disease in California in 
2002-2003, which cost the U.S. taxpayers nearly $200 million to 
eradicate. The disease spread further to large scale egg farms in 
Arizona, Nevada, New Mexico, and Texas; costing the U.S. poultry 
industry many millions of dollars in lost export markets. Cockfighting 
has also been implicated in the deaths of at least 9 people in Asia who 
contracted avian flu after exposure to fighting birds. If avian flu 
were to reach the shores of America, the economic and human 
consequences would be staggering.
  This bill has widespread support across the country, including 303 
cosponsors in the House and 35 cosponsors in the Senate. HR 137 is 
endorsed by the Humane Society of the United States, the National 
Chicken Council which represents 95 percent of the Nation's poultry 
producers, the American Veterinary Medical Association, the National 
Sheriff's Association, and more than 400 local law enforcement 
agencies. Currently there is only one bastion left for cock fighters; 
the State of Louisiana. Although gamers have attempted to use tribal 
lands as exemptions from state and federal laws, a federal jury 
recently convicted four men for their participation in a cockfight, and 
70 others entered guilty pleas. It is my understanding that the 
increase in penalties contained within this bill would be equally 
applicable to animal fights held on tribal lands or Indian 
Reservations.
  It is far past time that Congress give our law enforcement agencies 
the tools they need to end this barbaric and consequential practice.
  Mr. SHAYS. Mr. Speaker, I rise in support of H.R. 137, the Animal 
Fighting Prohibition Enforcement Act, of which I am also a cosponsor. 
The way a society treats its animals speaks to the core values and 
priorities of its citizens. I am committed to animal welfare because I 
believe humankind has an obligation to all animals.
  Currently, it is a misdemeanor to sell, buy, or transport an animal 
to be used in a fight.
  This legislation would make the crime a felony and increase the 
imprisonment penalty from 1 year to 3 years. The legislation also makes 
it unlawful to ship in interstate commerce a knife, gaff, or other 
sharp instrument used in cockfighting, and makes it a felony to use the 
postal service to promote an animal fight.
  Dog fighting is banned in 50 states and cockfighting is banned in all 
but two, so I believe the Federal government is simply codifying a 
value that our States governments have already individually expressed.
  Animal fighting is a cruel pastime where, in a typical fight, animals 
are drugged to heighten their aggression and forced to keep fighting, 
even after injuries, for the amusement and illegal wagering of handlers 
and spectators. We must put an end to this form of entertainment, which 
results in the brutal treatment of animals.
  As a co-chair of the Congressional Friends of Animals Caucus, I will 
continue to work on a bipartisan basis to help protect animals at the 
Federal level.
  Mr. BARTLETT of Maryland. Mr. Speaker, with my colleagues Mr. 
Gallegly and Mr. Blumenauer, I have introduced H.R. 137 to establish 
felony-level jail time of up to 3 years for those who violate the law 
against animal fighting. H.R. 137 would amend current law to toughen 
the maximum jail time from a one-year misdemeanor.
  The penalties in the existing federal animal fighting statute are too 
weak. The upgraded penalty better aligns federal law with state law. 
Almost all states have established felony-level penalties for illegal 
animal fighting activities. State laws commonly authorize jail time of 
3 to 5 years or more for animal fighting.
  George Bernard Shaw once stated, ``The worst sin toward our fellow 
creatures is not to hate them, but to be indifferent to them, that's 
the essence of inhumanity.'' We should not be indifferent to the 
reprehensible underground organized crime of animal fighting, which is 
not only cruel but poses threats to public health and safety.
  The Humane Society of the U.S. estimates that there are at least 
40,000 dogfighters in America. Cockfighting has been tied to the spread 
of bird flu. Animal fighting spawns a number of other criminal 
activities, such as illegal gambling and using and selling drugs. Even 
more disturbing is the conclusion by many experts that acts of cruelty 
against animals are precursors to violence against humans. The felony-
level penalties against animal fighting in H.R. 137 are necessary, and 
I urge my colleagues to support the bill.
  Mr. FARR. Mr. Speaker, I rise today in strong support of H.R. 137, 
the Animal Fighting Prohibition Enforcement Act of 2007.
  As many of my colleagues know, I have had a lifelong love and 
compassion for animals of all kinds. That is why I am simply shocked 
that it is not already illegal to take animals across state lines for 
the purpose of fighting. This is an inhumane and cruel practice that 
must not be allowed to continue. Another reason why this practice must 
be outlawed is because animal fighting spreads disease and poses an 
enormous public health risk. At a time when avian flu is at the 
forefront of this county's health-related worries, it should be of the 
utmost concern to people that animal fighting is occurring all across 
the country. It makes one wonder, what kind of person could enjoy a 
``sport'' like this?
  In the forty-eight states where animal fighting is already outlawed, 
illegal gambling goes hand-in-hand with this gruesome activity. H.R. 
137, the Animal Fighting Prohibition Enforcement Act of 2007, makes it 
a felony to knowingly sponsor or exhibit an animal or to use interstate 
commerce for the purposes of fighting. This bill would impose a prison 
sentence of up to 3 years.
  I have supported this legislation since 2003. I am pleased that this 
legislation has overwhelming bipartisan support, with 303 cosponsors. 
Obviously we need stronger laws on this because this practice still 
continues.
  Mr. Speaker, I urge my colleagues to pass H.R. 137, the Animal 
Fighting Prohibition Enforcement Act of 2007.
  Mr. KUCINICH. Mr. Speaker, I rise today in support of H.R. 137, the 
Animal Fighting Prohibition Enforcement Act of 2007. It is hard to 
believe that an act as horrendous and brutal as animal fighting still 
takes place today.
  H.R. 137 would make engaging in animal fighting a felony. This 
legislation will ensure

[[Page 7645]]

that those who choose to fight animals illegally will be met with the 
appropriate penalty when they disregard the law.
  Despite the fact that the vast majority of states have banned this 
atrocious and deplorable act, animal fighting continues to plague our 
communities. Animals such as dogs and chickens are fought to the death 
in the name of sport. This is unhealthy, violent behavior on the part 
of humans and is inhumane and merciless to the animals.
  I commend both local and state officials for stepping up raids on 
animal fighting rings. Now it is time for this body of Congress to do 
our part by making these offenses a felony under Federal law. I urge my 
colleagues to join me and vote in favor of the Animal Fighting 
Prohibition Enforcement Act, H.R. 137.
  Mrs. MALONEY of New York. Mr. Speaker, I rise today in strong support 
of H.R. 137, the Animal Fighting Prohibition Enforcement Act of 2007. I 
want to thank my colleagues Representative Gallegly and Representative 
Blumenauer for their hard work on this issue.
  This important legislation will make it illegal to transport an 
animal across State or international borders for the purpose of 
fighting, prohibits use of the mail system to promote animal fighting, 
and criminalizes interstate buying, selling, or transportation of 
knives or gaffs used for animal fighting.
  Animal fighting is a deplorable activity with a purely negative 
impact on society. In cockfights, when two birds fight with blades or 
gaffs attached to their feet, at least one, and sometimes both of the 
birds are killed. Dogs who are made to fight often sustain severe 
injuries such as deep wounds and broken bones. Subsequent to fights, 
many dogs die of blood loss, exhaustion, or shock. Fighting animals are 
usually subject to inhumane living conditions intended to make them 
more aggressive, sometimes denied adequate nutrition, and made to 
exercise until they are physically exhausted.
  In addition to the inexcusable harm inflicted on the animals, the 
fights also have negative effects on humans. Illegal gambling and drug 
trafficking are often closely tied to animal fighting operations. Also, 
animals bred to fight are abnormally aggressive, and pose a danger to 
the communities they live in if they were to get loose.
  I applaud the passage of this bill, which will end an inhumane 
practice that is an embarrassment to our country. I am proud that this 
democratic majority has made animal welfare a priority in the 110th 
Congress.
  Mr. GALLEGLY. Mr. Speaker, as you know, I, along with Mr. Blumenauer 
and Mr. Bartlett, have been trying to federally criminalize the brutal, 
inhumane practice of animal fighting for the past several Congresses.
  A few years ago, Congress enacted legislation to tighten Federal laws 
with regard to animal fighting; however, this law created some 
loopholes that allowed the barbaric practices of animal fighting to 
thrive nationwide, in spite of bans in virtually every State. We left 
in place weak penalties that have proven ineffective. Misdemeanor 
penalties simply don't provide a meaningful deterrent. We've heard from 
U.S. Attorneys that they are reluctant to pursue animal fighting cases 
with just a misdemeanor penalty. Those involved in animal fighting 
ventures consider misdemeanor penalties a ``slap on the wrist'' or 
merely a ``cost of doing business.''
  In recent years, we've seen a marked rise in the frequency of animal 
fighting busts in communities across the country. Local police and 
sheriffs are increasingly concerned about animal fighting, not only 
because of the animal cruelty involved, but also because of the other 
crimes that often go hand-in-hand, including illegal gambling, drug 
trafficking, and acts of human violence. In the last 6 months, every 
reported bust of an animal fight also led to additional arrests for at 
least one of these criminal activities.
  Furthermore, there is an inherent danger for the children of animal 
fighters to be close to these animals. Children are often brought to 
these gruesome spectacles. Some dog fighters steal pets to use as bait 
for training their dogs; some allow trained fighting dogs to roam 
neighborhoods and endanger the public.
  There is the additional concern that cockfighters spread diseases 
that jeopardize poultry flocks and even public health. We in California 
experienced this first-hand, when cockfighters spread exotic Newcastle 
disease, which was so devastating to many of our poultry producers in 
2002 and 2003. That outbreak cost U.S. taxpayers nearly $200 million to 
eradicate, and cost the U.S. poultry industry many millions more in 
lost export markets.
  Cockfighting has been identified as the major contributor of the 
spread of avian flu throughout Thailand and other parts of Asia, where 
the strain originated. At least nine people who contracted avian flu 
and died from it reportedly contracted it from fighting birds. Among 
those who are reported to have died from avian influenza as a result of 
exposure through cockfighting, include 4-year-old, 6-year-old, and 18-
year-old boys in Thailand and a 6-year-old girl in Vietnam. 
Fortunately, bird flu has not yet jumped the species barrier in this 
country, but we ought to do all we can to minimize the risk.
  Opponents of H.R. 137 have said this bill should be blocked because 
it will drive them underground, increasing the public health risks. 
That's a ludicrous argument. They're already underground (it's illegal 
in 49 States and various localities in the remaining State, Louisiana). 
They're coaching each other, as documented in chat rooms and other 
communications that have been intercepted, to hide their birds to avoid 
detection in the event of an outbreak. We're not talking about stellar 
citizens who are planning to contact health officials to ``do their 
part'' in stemming a pandemic. We'll be much better off cracking down 
on illegal cockfighting than allowing this high-risk industry to 
continue thriving and hoping they'll work with the government 
cooperatively to stem the threat of disease.
  We need to help State and local law enforcement officials who have 
requested this strengthening of Federal laws to rid animal fighting 
from communities that do not want it. This legislation makes violations 
of federal animal fighting law a felony punishable by up to 3 years in 
prison, makes it a felony to transport an animal across State or 
international borders for the purpose of animal fighting, and prohibits 
the interstate and foreign commerce in knives and gaffs designed for 
use in cockfighting.
  This bill simply promotes meaningful enforcement of current Federal 
law that bars interstate and foreign movement of animals for fighting 
purposes, including both dog fighting and cockfighting, by upgrading 
current misdemeanor penalties to a felony level. The bill is explicitly 
limited to interstate and foreign commerce, so it protects States' 
rights in the 2 States where cockfighting is allowed, yet further 
protects States' rights in the other 48 States where weak Federal law 
compromises the ability to keep animal fighting outside their borders.
  I also wanted to clarify for the Record that subsection (c) of 
section 26 of the Animal Welfare Act, which is about interstate 
instrumentalities and commercial speech, prohibits the websites and the 
magazines where fighting animals are advertised for sale. These 
publications are commercial speech, and also clearly promote animal 
fighting. They advertise fighting animals and weapons for sale in 
interstate commerce. For example, over the last 12 months, there have 
been over 1,600 pages worth of advertisements for illegal interstate 
commercial transactions in the two main cockfighting magazines.
  Subsection (d) is meant to limit subsection (c) with respect to the 
magazines and other commercial speech promoting cockfights in States 
where that is legal. It acts as a limitation upon subsection (c), but, 
as under current law, only if the effect of that promotion is limited 
to cockfights in the one State where cockfighting is still legal. So as 
a practical matter, (d) does not limit enforcement of (c) against the 
cockfighting magazines and website advertisements, because these 
materials promote animal fights in every State--they are sent to or 
read by buyers in many States, who buy the fighting animals and 
implements and then use them in animal fights in States where 
cockfighting is illegal.
  Finally, I also want to say that these provisions in current law, 
which are mirrored in H.R. 137, pose no problem in terms of the First 
Amendment. Animal fighting magazines and websites aren't protected by 
the First Amendment. The Supreme Court has been clear on this score--
there is no First Amendment protection for commercial speech where the 
underlying commercial transaction is lawfully prohibited, as is the 
case here. Subsection (c) is clearly constitutional. It is narrowly 
tailored with this in mind. First Amendment consideration is built 
right into the language. It only prohibits ``commercial speech''--like 
the cockfighting magazines with all of their advertisements for 
contraband. These animal fighting magazines are not political speech, 
they are basically just catalogs, with hundreds of advertisements per 
issue for illegal transactions. The sellers are just soliciting the 
buyers to commit criminal acts. They can't cloak it in the First 
Amendment just by throwing a little bit of non-commercial speech in 
there either, and the Supreme Court has been clear on that as well.

  This is the perfect example of a bipartisan bill. The bill I 
cosponsored in the last Congress, the Animal Fighting Prohibition Act 
of 2006, had 324 cosponsors and was passed through the Senate by 
unanimous consent. Mr. Blumenauer, Mr. Bartlett, and I rounded up 300 
Democrat and Republican co-sponsors in just a few weeks.

[[Page 7646]]

  I want to express my sincere thanks to Mr. Blumenauer and Mr. 
Bartlett for their work on this legislation. We have all been working 
on this legislation for quite some time. I also want to commend Mr. 
Conyers, Mr. Smith, Mr. Scott, and Mr. Forbes for recognizing the 
importance of this issue and thank them for moving H.R. 137 through the 
Judiciary Committee so quickly. I also want to thank Mr. Peterson of 
the Agriculture Committee for his assistance on this matter. Finally, I 
want to thank my 300+ colleagues who cosponsored H.R. 137. Without your 
help, we would not have been able to show the amount of support this 
Congress has for ending this deplorable practice and all of the 
destructive behavior associated with it.

  Mr. KING of Iowa. Mr. Speaker, on February 7, 2007, the House 
Committee of the Judiciary passed by voice vote H.R. 137, the Animal 
Fighting Prohibition Enforcement Act of 2007. This is a bad piece of 
legislation that will greatly devalue human life in the eyes of the 
law.
  H.R. 137 would make it a federal felony to transport a chicken across 
state lines for the purpose of exhibiting it in a fight. Currently, 49 
states have laws on the books to address this issue. To add a federal 
law would add another layer of bureaucracy to an already complicated 
legal code.
  I believe that human life is diminished by our making it a felony to 
transport animals for fighting, without first making it a felony to 
take a minor girl across a state line for an abortion. It is a strong 
conviction of mine to fight for the sanctity of life.
  While I believe that it is important that we act humanely in our 
treatment of animals, I do not believe that we should put their welfare 
ahead of unborn babies or minor girls. I call upon the Humane Society 
to work for humanity to humanity first.
  Until we provide a higher standard of protection for human life, I 
will oppose making interstate transportation of animals for purposes of 
animal fighting a felony. In the U.S., we are faced with the alarming 
practice of people taking a minor girl across state lines for an 
abortion to avoid their own state's laws that require the minor's 
parents to be notified. Federal legislation, CIANA, the Child 
Interstate Abortion Notification Act, would only make this abhorrent 
activity, which exploits a young woman and kills her child, a 
misdemeanor. Though this legislation has not yet become law, it is a 
step forward in the right direction. Many who I know opposed CIANA in 
the past will vote today for the misdemeanor in current law, 
transporting a chicken, to become a felony, thereby placing animal 
welfare over that of a young girl and her unborn baby.
  I believe that we should not place more value on animal life than we 
do on human life. It makes no sense that killing a person is a 
misdemeanor offense while transporting animals to a fight is a felony, 
punishable by three years in a federal penitentiary.
  Mr. Speaker, while on the topic of valuing human life, I would like 
to talk briefly about bio-medical research, which is opposed by animal 
rights activists. I would like to mention that there is bio-medical 
research being done demonstrating, through transgenics, that the immune 
system from a baboon, or a human for that matter, can be spliced into 
the DNA of a hog to grow a heart a baboon can use.
  The heart was then harvested from the hog and transplanted to a 
baboon. The baboon lived another 6 months with a heart that was grown 
in a pig. This is longer then the first human heart transplant patient.
  But what has been proven now is that humans can transplant through 
transgenics the human immune system into a hog. In doing so, and we are 
only 3 years, maybe 4 years away from being able to custom build the 
human organ. rejection genetics into a pig.
  We will be able to very soon custom raise human organs in hogs. Today 
we are already transplanting out of hogs and into humans anterior 
cruciate ligaments and heart valves.
  We can raise in hogs 28 different organs. Not just hearts, but lungs, 
esophagus, stomach, bladder, but other important organs as well, 
kidneys, pancreas, liver, even skin for bum patients; name your organ. 
Except for the brain.
  The reason for bringing up these pigs is that it further illustrates 
how the animal rights community, through legislation such as H.R. 137, 
seeks to pass their agenda for animals on the rest of America. They 
oppose using animals for lifesaving research like I just mentioned.
  My home state of Iowa is an agricultural state. We understand the 
importance of animal husbandry and good stewardship of our animals. 
However, we also understand that animals are less important than 
humans. Animal rights activists seek to place heifers and hogs on the 
same level as people. I disagree.
  I strongly oppose this legislation because animals should not be 
elevated above humans. Mr. Speaker, I would urge my colleagues to 
oppose this legislation.
  Mr. SCOTT of Virginia 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 Virginia (Mr. Scott) that the House suspend the rules 
and pass the bill, H.R. 137, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. WESTMORELAND. 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.

                          ____________________




                              {time}  1730
             INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 580) to amend chapter 35 of title 28, United States Code, to 
provide for a 120-day limit to the term of a United States attorney 
appointed on an interim basis by the Attorney General, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 580

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

     SECTION 1. INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS.

       Section 546 of title 28, United States Code, is amended by 
     striking subsection (c) and inserting the following new 
     subsections:
       ``(c) A person appointed as United States attorney under 
     this section may serve until the earlier of--
       ``(1) the qualification of a United States attorney for 
     such district appointed by the President under section 541 of 
     this title; or
       ``(2) the expiration of 120 days after appointment by the 
     Attorney General under this section.
       ``(d) If an appointment expires under subsection (c)(2), 
     the district court for such district may appoint a United 
     States attorney to serve until the vacancy is filled. The 
     order of appointment by the court shall be filed with the 
     clerk of the court.
       ``(e) This section is the exclusive means for appointing a 
     person to temporarily perform the functions of a United 
     States attorney for a district in which the office of United 
     States attorney is vacant.''.

     SEC. 2. APPLICABILITY.

       (a) In General.--The amendments made by this Act shall take 
     effect on the date of the enactment of this Act.
       (b) Application.--
       (1) In general.--Any person serving as a United States 
     attorney on the day before the date of the enactment of this 
     Act who was appointed under section 546 of title 28, United 
     States Code, for a district may serve until the earlier of--
       (A) the qualification of a United States attorney for that 
     district appointed by the President under section 541 of that 
     title; or
       (B) 120 days after the date of the enactment of this Act.
       (2) Expired appointments.--If an appointment expires under 
     paragraph (1)(B), the district court for the district 
     concerned may appoint a United States attorney for that 
     district under section 546(d) of title 28, United States 
     Code, as added by this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from North Carolina (Mr. 
Coble) each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members 
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 Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the measure before us today has been introduced by the 
gentleman from California, a ranking member of the committee and a 
subcommittee Chair, Howard Berman. It is intended to restore the 
historical checks and balances to the process by which interim U.S. 
Attorneys are appointed. It will repair a breach in the

[[Page 7647]]

law that has been a major contributing factor in the recent termination 
of eight able and experienced United States Attorneys and their 
replacement with interim appointments. It has gathered much attention 
across this Nation, and not just in government and legal circles.
  The full circumstances surrounding these terminations are still 
coming to light, but what we know is already very troubling. The 
reports about these terminations are particularly troubling in that the 
United States Attorneys are among the most powerful government 
officials we have. They have the power to seek convictions and bring 
the full weight of the United States Government against any citizen or 
company that they deem important and eligible for prosecution. They can 
negotiate plea agreements. They can send people to prison for years and 
years. And frequently, the mere disclosure of a criminal investigation 
can destroy reputations and careers.
  These are awesome powers. And so we on the Judiciary Committee 
consider it absolutely essential that the American people have full 
confidence in those entrusted to exercise these powers and that they do 
so with complete integrity and free from political influence of any 
kind.
  The committee's investigation into these troubling circumstances is 
continuing. The longer time goes on, the more we know; and the more we 
know, the more we are troubled about what has been going on in the 
Department of Justice. It has already become abundantly clear that the 
gaping vulnerability in the law, which has placed the independence and 
integrity of our prosecutorial system in jeopardy, needs to be repaired 
as quickly as possible; and that is what we are here to do today.
  What helped bring these troubling circumstances about, what helped 
make it possible for high-level Justice Department and White House 
officials to even entertain the notion that they could, as appears to 
be the case, target certain U.S. Attorneys for an unprecedented mid-
course purge was an obscure provision adequately and anonymously 
slipped into the USA PATRIOT Reauthorization Act conference report in 
March of 2006. Without any debate, let alone the benefit of a single 
hearing in either body, this provision, added at the behest of the 
Justice Department's top political appointees to significantly enhance 
the power to appoint interim U.S. Attorneys without having to subject 
their appointments to customary safeguard of Senate confirmation. It 
was a middle-of-the-night insertion, and we are here to correct that.
  Indeed, the administration's plan to exploit the new provision to 
bypass the Senate confirmation process is now well documented. As 
bluntly explained by internal e-mails we received, and they now number 
in the hundreds, although we get them late on Friday nights, by the 
Attorney General's then-chief of staff, for example, discussing their 
plan to install the former Republican National Committee political 
operative, the new provision would enable them to ``give far less 
deference to home State Senators and thereby get our preferred person 
appointed and do it far faster and more efficiently at less political 
cost to the White House.''
  This is outrageous. The Senate has already acted. The time is now. We 
need to move as rapidly as we can to correct this very serious error 
that casts a question upon the integrity of a very, very important part 
of our government, the Department of Justice.
  Speaker, the bill before us today, introduced by my friend Howard 
Berman, will restore the historical checks and balances to the process 
by which interim U.S. Attorneys are appointed. It will repair a breach 
in the law that has been a major contributing factor in the recent 
termination of eight able and experienced United States Attorneys and 
their replacement with interim appointments.
  The full circumstances surrounding these terminations are still 
coming to light, but what we know already is very troubling.
  In one instance, the primary apparent qualification for the 
President's chosen replacement was that he had been an aggressive 
political operative at the Republican National Committee, thereby 
putting himself on Karl Rove's A list. In several other instances, the 
U.S. Attorney was in the midst of a sensitive public corruption 
investigation, and there were reportedly complaints from Republicans 
that the investigation was being pursued too aggressively against a 
fellow Republican, or was not being pursued aggressively enough against 
a Democrat.
  The reports about these terminations are particularly troubling in 
that U.S. Attorneys are among our most powerful government officials. 
They not only have power to seek convictions and negotiate plea 
agreements that can send people to prison for years. The mere 
disclosure of a criminal investigation can destroy reputations and 
careers.
  These are awesome powers, and it is absolutely essential that the 
American people can have full confidence those entrusted to exercise 
these powers do so with complete integrity and free from improper 
political influence.
  The Committee's investigation into these troubling circumstances is 
continuing, and we will know more, and we will leave extended 
discussion of them for another day. But it has already become 
abundantly clear that the gaping vulnerability in the law, which has 
placed the independence and integrity of our prosecutorial system in 
jeopardy, needs to be repaired as quickly as possible. And that is what 
we are here to do today.
  What helped bring these troubling circumstances about--what helped 
make it possible for high-level Justice Department and White House 
officials to even entertain the notion that they could, as appears to 
be the case, target certain U.S. Attorneys for an unprecedented mid-
course purge--was an obscure provision quietly and anonymously slipped 
into the USA PATRIOT Reauthorization Act conference report in March 
2006.
  Without any I debate, let alone the benefit of a single hearing in 
either body, this provision was added at the behest of the Justice 
Department's top political appointees, to significantly enhance their 
power to appoint interim U.S. Attorneys, without having to subject the 
appointments to the customary safeguard of Senate confirmation.
  Indeed, the Administration's deliberate plan to exploit the new 
provision to bypass the Senate confirmation process is now well 
documented. As bluntly explained in an internal e-mail by the Attorney 
General's then chief of staff, for example, discussing their plan to 
install the former RNC political operative, the new provision would 
enable them to ``give far less deference to home-State Senators and 
thereby get (1) our preferred person appointed and (2) do it far faster 
and more efficiently, at less political cost to the White House.''
  Traditionally--since the Civil War--whenever a U.S. Attorney left 
office, and until the Senate could confirm a replacement, the local 
federal district court has appointed someone to fill the position on an 
interim basis. This was a neutral means of ensuring that permanent 
appointments remained the shared responsibility of the President and 
the Senate--to encourage the President to send a nomination to the 
Senate promptly, and to encourage the Senate to act promptly on the 
nomination.
   In 1986, at the request of Attorney General Ed Meese, the law was 
modified to authorize the Attorney General to make short-term interim 
U.S. Attorney appointments, for up to 120 days. But if a permanent U.S. 
Attorney had not been confirmed by the end of that 120 days, the 
district court retained authority to make the appointment for the 
remainder of the interim period. This procedure, codified in 28 U.S.C. 
Sec. 546, preserved the incentives on the Executive and Legislative 
Branches to work together on the nomination and confirmation of a 
permanent replacement.
  That balanced approach was unceremoniously jettisoned a year ago, and 
with it respect for the Senate's role in ensuring that the President's 
power to hire and fire U.S. Attorneys at will was not abused at the 
expense of prosecutorial integrity.
  The stealth provision in the 2006 USA PATRIOT Reauthorization Act 
completely removed the district court as a backstop in the interim 
appointment process, turning over sole power to the Attorney General, 
to unilaterally make interim appointments, for an unlimited time, with 
no obligation to involve the Senate, or the Judicial Branch, or anyone 
else.
  H.R. 580 will restore the checks and balances that have historically 
provided a critical safeguard against politicization of U.S. Attorneys. 
First, it repeals the 2006 change to section 546, keeping the Attorney 
General's interim appointment role, but limiting it to 120 days, as it 
was before.
  Second, the bill clarifies that section 546 is the only way to make 
interim U.S. Attorney appointments. This additional change has become 
necessary in light of indications, documented by the Congressional 
Research Service, that the Justice Department has used, and could again 
use, the Federal Vacancies Reform Act to evade the intent of a 
tightened section 546.

[[Page 7648]]

  Mr. Speaker, this bill is an important step in restoring legal 
safeguards against abuse of Executive power to politicize core 
government functions that need to be above political calculations in 
their execution. I urge my colleagues to support this important 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in mild opposition to H.R. 580, primarily against 
the process rather than substantively.
  Scrutiny over the dismissal of several U.S. Attorneys in recent days 
may have triggered this legislation. While we are still learning the 
facts surrounding those dismissals, it does remain clear that the U.S. 
Attorneys do indeed serve at the pleasure of the President. Some are 
calling for oversight investigation because of the political appearance 
surrounding those dismissals, and this is fine; but amending the 
appointment process for interim U.S. Attorneys I believe is the wrong 
response.
  Prior to 1986, the district court appointed interim U.S. Attorneys to 
fill vacancies until a Presidential appointee had been nominated and 
confirmed by the Senate. In 1986, the process was changed to authorize 
the Attorney General to appoint an interim United States Attorney for 
120 days, at which time, if the Senate had not confirmed a new United 
States Attorney, the district court would then appoint an interim to 
serve until a new permanent United States Attorney was indeed 
confirmed.
  This process was not infallible. Some said authorizing the judiciary 
to appoint the prosecutors before their court created a conflict of 
interest, and I think a good argument can be made for that. Others said 
the Executive could maneuver the Constitution by terminating a court-
appointed interim by repeatedly substituting its own interim for 120-
day stints. A good argument could well be made for that as well.
  In 2005, the process for appointing interim United States Attorneys, 
however, was changed once again. This was an amendment to section 546 
of title 28, which eliminated the 120-day time limit for an Executive-
appointed interim to serve and eliminated the authority for the 
district court to appoint an interim.
  Unfortunately, one of these responses to the recent dismissals had 
been H.R. 580, which would return the process of appointing interim 
United States Attorneys for 120 days and authorizing the judiciary to 
appoint interims if a permanent United States Attorney is not confirmed 
prior to the 120-day passes.
  The bill, H.R. 580, was accelerated through the Judiciary Committee. 
Only one hearing was held on the bill. That hearing focused mostly on 
the current U.S. Attorney controversy, not the bill itself. It was then 
heard by the full committee, but there was no opportunity for the 
Judiciary Subcommittee on Commercial Administrative Law markup to 
therefore improve the bill.
  Republicans on the Judiciary Committee, many of us, would have liked 
to have worked with the Democrats in a bipartisan fashion more 
thoroughly, and I think we may have come at the finish line with a more 
favorable finished product. Given more time, we might have considered 
some promising ideas. For instance, this bill does not address the 
problem of appointing and confirming United States Attorneys in a 
timely fashion. Senators Kyl and Sessions introduced amendments in the 
Senate proposing several other responses to inherent conflicts created 
by United States Attorney vacancies and possible ways to provide for 
interims.
  In these times of the war on terror, Mr. Speaker and colleagues, and 
the continuing age-old war on crime, the service of the United States 
Attorneys, indeed the front line of Federal law enforcement, is more 
than ever a matter of first importance to the Nation. Their appointment 
is serious business. We should not have rushed to judgment in attending 
to this business, but instead have given the legislative process more 
time to work. I think we missed an opportunity to improve the bill as a 
result.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself 15 seconds only to say, Mr. 
Howard Coble, I recognize you as a sincere and experienced and valued 
member of this committee, and I appreciate the circumstances that you 
are in this evening.
  Mr. Speaker, I yield 4 minutes to the subcommittee chairwoman, Linda 
Sanchez of California, and I thank her for the excellent job that she 
has done.
  Ms. LINDA T. SANCHEZ of California. Mr. Speaker, I rise in support of 
H.R. 580, a bill to revoke the Attorney General's unfettered authority 
to appoint U.S. Attorneys indefinitely.
  This legislation would repeal a small provision, with enormous 
repercussions, that was placed into the USA PATRIOT Reauthorization Act 
conference report. The provision, which removed the 120-day limit for 
interim appointment of U.S. Attorneys, allows interim appointees to 
serve indefinitely and without Senate confirmation.
  We now know that the provision was inserted into the conference 
report at the request of a Justice Department official. Clearly, the 
Justice Department's effort to insert this provision was just one part 
of the Bush administration's coordinated plan to purge U.S. Attorneys 
across the country for political reasons.
  My suspicions about the role of this provision in the firing of at 
least eight U.S. Attorneys have been confirmed after reading the 
documents turned over by the Justice Department. We learned, for 
example, that in an e-mail to former White House Counsel Harriet Miers, 
former Attorney General Chief of Staff Kyle Sampson wrote: ``I strongly 
recommend that as a matter of administration policy we utilize the new 
statutory provisions that authorize the Attorney General to make U.S. 
Attorney appointments.''
  The Congressional Research Service, a nonpartisan entity, has 
completed a report finding that these firings are unprecedented. Prior 
to the forced resignation of eight U.S. Attorneys in recent months, and 
outside the normal turnover of U.S. Attorneys that occurs with a new 
administration, only 10 U.S. Attorneys were forced to resign in the 
last 25 years. The 10 U.S. Attorneys cited in the CRS report were all 
fired for cause, most under a cloud of scandal.
  H.R. 580, legislation offered by my friend and colleague from 
California, Representative Howard Berman, provides the necessary 
legislative response to restore checks and balances in the U.S. 
Attorney appointment process by reinstating the 120-day limit on all 
interim appointments.
  The bill also closes other potential loopholes through which Senate 
confirmation could be bypassed. It clarifies that section 546 of title 
28 of the United States Code is the exclusive means of appointing 
interim U.S. Attorneys.
  Additionally, the bill would apply retroactively to all U.S. 
Attorneys currently serving in an interim capacity. This would ensure 
that interim U.S. Attorneys appointed since the purge scheme was 
hatched are not permitted to serve indefinitely and without Senate 
confirmation.
  At a legislative hearing on H.R. 580 before the Subcommittee on 
Commercial and Administrative Law on March 6, this bill received strong 
support from the president of the National Association of Former U.S. 
Attorneys, as well as a former Republican-appointed U.S. Attorney. It 
is also important to note that the Attorney General himself has 
expressed that he is not opposed to rolling back this provision of the 
PATRIOT Act. And if the Attorney General's claim that he was not aware 
of the Justice Department efforts to quietly insert this provision are 
true, it would seem he never wanted the PATRIOT Act changes to the U.S. 
Attorney selection process in the first place.
  Additionally, the corresponding bill in the Senate received strong 
bipartisan support and passed by an overwhelming margin of 94-2.
  Mr. Speaker, we must begin to restore the independence of U.S. 
Attorneys across the country and return to

[[Page 7649]]

the bedrock principle of our court system that justice must be served 
objectively and without fear or favor.

                              {time}  1745

  While the consideration of H.R. 580 will not end the Judiciary 
Committee's ongoing investigation of the U.S. Attorney purge scheme, 
the passage of this legislation is a critical step in this process to 
close the loophole in the PATRIOT Act that this administration has 
improperly exploited for political purposes.
  I urge my colleagues to support this legislation.
  Mr. COBLE. Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I recognize Howard Berman, the senior 
member on the Judiciary Committee, and thank him for his authorship of 
the measure that brings us to the floor this evening. I yield to him 5 
minutes.
  Mr. BERMAN. Mr. Speaker, I thank the chairman who cosponsored this 
bill with me, along with the gentleman from Virginia (Mr. Scott), 
chairman of the Crime Subcommittee of Judiciary Committee.
  H.R. 580 does only one thing, it restores the checks and balances 
that, until last year, had long been part of the process for filling 
vacancies in U.S. Attorneys' offices.
  I won't go through the history of how interim U.S. Attorneys were 
appointed, because the chairman has spelled it out, and the gentleman 
from North Carolina has reaffirmed that history. But I want to address 
the one issue my friend from North Carolina raised, which is, were we 
to take a longer time, this might have been, at least to his way of 
thinking, a better approach.
  The whole goal of this bill is to restore the status quo ante before 
a sneak attack change on the law utilized in the PATRIOT Act without 
anyone calling special attention to it, undiscussed by the conferees or 
by the members of either this House or the other body, change that law 
to give the executive bench total authority in this particular area.
  The Senator, a member of the other body who was chairman of the 
Judiciary Committee of the other body during this time, has said that 
he didn't know about the provision until a colleague alerted him to it 
last month. The former chairman's staff told him that the Department of 
Justice provided the language and that it was inserted in the 
conference report by a member of his staff who was made U.S. Attorney 
in Utah only 4 months later.
  Now we have a different story from the Department of Justice. Will 
Moschella, the former head of the Office of Legislative Affairs, now 
claims sole responsibility for the provision and says he pursued the 
change on his own, without the knowledge or coordination of his 
superiors at the Justice Department or the White House.
  This is a Department, the Department of Justice, that says it fired 
eight U.S. Attorneys for not coordinating their work 100 percent with 
the priorities of the Department, and yet we are supposed to believe 
that they are permitting a relatively low-level official to fly solo in 
changing Federal law on the appointment of U.S. Attorneys without any 
other departmental involvement. It is for this reason, I say to my 
friend from North Carolina, that the first thing we need to do is to go 
back to the status quo ante, the compromise worked out in the Reagan 
administration with Attorney General Ed Meese, a Democratic House and 
the Republican Senate in 1986, which allowed for this process where we 
gave for the first time the Attorney General the right to name an 
interim U.S. Attorney, providing the district court with the 
theoretical ability, should that court choose to do so, to replace or, 
as has been much more likely, simply reaffirm the naming of the interim 
U.S. Attorney if no full U.S. Attorney had been confirmed yet by the 
Senate.
  What is clear from the e-mails provided to the Judiciary Committee is 
that the Department of Justice and White House employees, whatever 
their motivation in pushing this proposal originally, whatever their 
motivation, they quickly figured out that the provision created the 
possibility to circumvent the Senate and decided to exploit that power.
  One e-mail between the Department of Justice and the White House 
depicts an effort to slow-walk a nomination so an interim appointee can 
stay in place. The two employees discussed an interim appointee in 
Arkansas who they knew was unlikely to get Senate confirmation.
  An employee in the White House Counsel's Office writes, ``If this is 
a section 546 appointment for unlimited duration, he can call himself 
U.S. Attorney. Our talkers should avoid referring to him as 
'interim.'''
  The Attorney General's chief of staff replies, and I quote, ``We 
should gum this to death. Our guy is in there so the status quo is good 
for us. Pledge a desire for a Senate-confirmed U.S. Attorney and 
otherwise hunker down.''
  I suggest there is ample opportunity in the record to recognize that 
the change we made in the PATRIOT Act without the knowledge, as far as 
I can tell, of any representative of either House was an ill-considered 
change; and the first thing we need to do and what this bill does is 
bring the law back to what had existed.
  Mr. CONYERS. Mr. Speaker, how much time remains on either side?
  The SPEAKER pro tempore. The gentleman from Michigan has 5 minutes; 
the gentleman from North Carolina has 15\1/2\ minutes.
  Mr. COBLE. Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. I recognize the gentleman from Oregon (Mr. Blumenauer) 
for 1 minute.
  Mr. BLUMENAUER. Mr. Speaker, I appreciate the chairman's courtesy in 
permitting me to speak on this bill. I appreciate also what Ranking 
Member Coble talked about in terms of outlining these issues.
  But it seems to me that there was just one area where I would take 
modest exception with him, and that is the notion that we should have 
been taking more time to vet this and look at alternatives. Because I 
fully agree with the gentleman from California, where there was not 
adequate time for Congress to be involved is when this was slipped into 
the PATRIOT Act revisions in the first place. Without the knowledge of 
anybody, it seems, in the House or the Senate, this change was done by 
the staff behind closed doors. We didn't know about it. I haven't heard 
yet from any of my Republican friends that did.
  By restoring the status quo ante the way that it had been for years, 
we get back to a situation where we can remove this from the table. We 
can have a dispassionate discussion about what has happened with the 
Department of Justice and its future; and, if we want to make any 
change, then at least we have something that has stood the test of 
time.
  Mr. COBLE. Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. The gentleman from Washington (Mr. Inslee) is recognized 
for 2 minutes.
  Mr. INSLEE. Mr. Speaker, this bill could not be more timely. As I was 
walking across the street in front of the Supreme Court, I saw the 
inscription chiseled in the marble of the Supreme Court. It says, 
``Equal justice under law.'' But we have witnessed now in the last few 
weeks the unpeeling of a scandal where the executive branch fired eight 
well-performing U.S. Attorneys because they would not do the political 
dirty work of the White House. And it is apparent now, as much as it 
has ever been, that we have to have a check and balance on the 
executive branch with Senate confirmation.
  I want to know why this is so viscerally important. In my district in 
western Washington, we had a gentleman named John McKay who was doing, 
by all rights, a good job as a U.S. Attorney for western Washington. 
But then there was this contentious election out there for Governor in 
2004, and a bunch of Republicans were leaning on him to start a grand 
jury investigation alleging voter fraud because the vote came out in 
favor of the Democrat. He refused to do so because he said he didn't 
see any evidence of voter fraud.
  A little later what happens is he goes to the White House for a 
meeting about a prospective judgeship, and what do they ask him about? 
They say: How

[[Page 7650]]

come Republicans are mad at you, at the White House. And he knows what 
they are mad about, is because they wouldn't go after this case where 
there was no evidence of voter fraud. It was apparent they were leaning 
on him; and, when he did not collapse, he was fired.
  Now, this is a situation where it is clear that we need Senate 
confirmation. And, by the way, I have written a letter to the President 
today saying the President should reinstate that U.S. Attorney while 
this matter is investigated. This thing smells like a mackerel in the 
moonlight, and it needs to be resolved. Until it is resolved, Congress 
is going to be investigating; and to prevent this from happening again, 
we need to be sure we have Senate confirmation.
  Mr. COBLE. Mr. Speaker, the gentleman from Washington referred to it 
as scandal. It may well end up being a scandal, but I think to use that 
word today might well be premature. But, meanwhile, I reserve the 
balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield to the gentlewoman from Texas, 
Sheila Jackson-Lee, 1 minute.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the distinguished 
gentleman, and I rise with sadness to support this legislation that 
clears up the obviously ongoing abuse and disrespect of the integrity 
of the three branches of government.
  We passed the PATRIOT Act that some of us did not support, but we did 
not intend for it to be used to avoid the constitutional Senate 
confirmation process. That is what has happened. We understand now that 
the Attorney General unfortunately may have been in meetings, may have 
been informed of issues dealing with the termination of U.S. Attorneys 
without providing that direct information to the United States 
Congress.
  This legislation again sets the Constitution back on its feet. It 
allows for Senate confirmation for U.S. Attorneys, and it puts back on 
track the integrity in terms of the respect and integrity that is 
necessary for the judiciary and legal system that the American people 
have come to understand and believe. I believe we should support this 
bill, and I hope we will get back on track with the relationship 
between Congress, the executive, and the judiciary.
  Mr. Speaker, I rise in strong support of H.R. 580, which amends 
chapter 35 of title 28 of the United States Code to restore the 120-day 
limit on the term of a United States Attorney appointed on an interim 
basis by the Attorney General. The shocking disclosures of the last few 
weeks provide all the justification needed to adopt this salutary 
measure promptly and by an overwhelming margin. Our friends in the 
other body passed companion legislation last week by a vote of 94-2.
  Mr. Speaker, United States Attorneys are appointed by the President 
with the advice and consent of the Senate. Each United States Attorney 
so appointed is authorized to serve a 4-year term but is subject to 
removal by the President without cause. The Senate's advise and consent 
process formally checks the power of the President by requiring the 
United States Attorney nominee to go through a confirmation process. In 
addition, Senators also play a particularly influential informal role 
in the nomination of United States Attorneys.
  Typically, a President, prior to appointing a new United States 
Attorney, consults with the Senators from the State where the vacancy 
exists if they are members of the President's political party. The 
President usually accepts the nominee recommended by the Senator or 
other official. This tradition, called ``senatorial courtesy,'' serves 
as an informal check on the President's appointment power.
  Since the Civil War, the judiciary has been empowered to fill 
vacancies in the office of the United States Attorney. In 1966, that 
authority was codified at 28 U.S.C. Sec. 546. When a United States 
Attorney position became vacant, the district court in the district 
where the vacancy occurred named a temporary replacement to serve until 
the vacancy was filled. In 1986, in response to a request by the 
Attorney General that its office be vested with authority to appoint 
interim United States Attorneys, Congress amended the statute to add 
former section 546(d).
  Pursuant to this authority, the Attorney General was authorized to 
appoint an interim United States Attorney for 120 days and, if the 
Senate did not confirm a new United States Attorney within such period, 
the district court was then authorized to appoint an interim United 
States Attorney to serve until a permanent replacement was confirmed. 
By having the district court play a role in the selection of an interim 
United States Attorney, former section 546(d) allowed the judicial 
branch to act as a check on executive power. In practice, if a vacancy 
was expected, the Attorney General would solicit the opinion of the 
chief judge of the relevant district regarding possible temporary 
appointments.
  Twenty years later, section 546 was amended again in the USA PATRIOT 
Improvement and Reauthorization Act of 2005. This legislation amended 
section 546(c) to provide that ``[a] person appointed as United States 
attorney under this section may serve until the qualification of a 
United States Attorney for such district appointed by the President'' 
under 28 U.S.C. Sec. 541. The extent of the legislative history of this 
provision is one sentence appearing in the conference report 
accompanying the act: ``Section 502 [effecting the amendments to 
section 546] is a new section and addresses an inconsistency in the 
appointment process of United States Attorneys.''
  Although the legislative purpose is unclear, the practical effect is 
not. The act amended section 546 in two critical respects. First, it 
effectively removed district court judges from the interim appointment 
process and vested the Attorney General with the sole power to appoint 
interim United States Attorneys. Second, the act eliminated the 120-day 
limit on the term of an interim United States Attorney appointed by the 
Attorney General. As a result, judicial input in the interim 
appointment process was eliminated. Even more problematic, it created a 
possible loophole that permits United States Attorneys appointed on an 
interim basis to serve indefinitely without ever being subjected to a 
Senate confirmation process, which is plainly a result not contemplated 
by the Framers.
  Mr. Speaker, excluding changes in administration, it is rare for a 
United States Attorney to not complete his or her 4-year term of 
appointment. According to the Congressional Research Service, only 54 
United States Attorneys between 1981 and 2006 did not complete their 4-
year terms. Of these, 30 obtained other public sector positions or 
sought elective office, 15 entered or returned to private practice, and 
1 died. Of the remaining eight United States Attorneys, two were 
apparently dismissed by the President, and three apparently resigned 
after news reports indicated they had engaged in questionable personal 
actions.
  Mr. Speaker, in the past few months disturbing stories appeared in 
the news media reporting that several United States Attorneys had been 
asked to resign by the Justice Department. It has now been confirmed 
that at least seven United States Attorneys were asked to resign on 
December 7, 2006. An eighth United States Attorney was subsequently 
asked to resign. They include the following: H.E. Cummins, III, U.S. 
Attorney, E.D. Ark.; John McKay, U.S. Attorney, W.D. Wash.; David 
Iglesias, U.S. Attorney, D. N.M.; Paul K. Charlton, U.S. Attorney, D. 
Ariz.; Carol Lam, U.S. Attorney, S.D. Calif.; Daniel Bogden, U.S. 
Attorney, D. Nev.; Kevin Ryan, N.D. Calif.; and Margaret Chiara, W.D. 
Mich.
  On March 6, 2007, the Subcommittee on Commercial and Administrative 
Law held a hearing entitled, ``H.R. 580, Restoring Checks and Balances 
in the Confirmation Process of United States Attorneys.'' Witnesses at 
the hearing included six of the eight former United States Attorneys 
and William Moschella, Principal Associate Deputy Attorney General, 
among other witnesses.
  Six of the six former United States Attorneys testified at the 
hearing and each testified that he or she was not told in advance why 
he or she was being asked to resign. Upon further inquiry, however, 
Messrs. Charlton and Bogden were advised by the then Acting Assistant 
Attorney General, William Mercer, that they were terminated essentially 
to make way for other Republicans to enhance their credential and pad 
their resumes. In addition, Messrs. Iglesias and McKay testified about 
inappropriate inquiries they received from Members of Congress 
concerning pending investigation, which they surmised may have led to 
their forced resignations.
  Mr. Speaker, the USA PATRIOT Act Reauthorization provision on interim 
U.S. Attorneys should be repealed for two reasons. First, Members of 
Congress did not get an opportunity to vet or debate the provision that 
is current law. Rather the Republican leadership of the 109th Congress 
slipped the provision into the conference report at the request of the 
Department of Justice. Not even Senate Judiciary Chairman Arlen 
Specter, whose chief of staff was responsible for inserting the 
provision, knew about its existence.
  Second, it is now clear that the manifest intention of the proponents 
of the provision was

[[Page 7651]]

to allow interim appointees to serve indefinitely and to circumvent 
Senate confirmation. We know now, for example, that in a September 13, 
2006 e-mail to former White House Counsel Harriet Miers, Attorney 
General Chief of Staff Kyle Sampson wrote:

       I strongly recommend that, as a matter of Administration 
     policy, we utilize the new statutory provisions that 
     authorize the Attorney General to make U.S. Attorney 
     appointments.

  Mr. Sampson further said that by using the new provision, DOJ could 
``give far less deference to home-State Senators and thereby get (1) 
our preferred person appointed and (2) do it far faster and more 
efficiently, at less political cost to the White House.''
  Regarding the interim appointment of Tim Griffin at the request of 
Karl Rove and Harriet Miers, Mr. Sampson wrote to Monica Goodling, 
Senior Counsel to the White House and Liaison to the White House on 
December 19, 2006 the following:

       I think we should gum this to death: ask the Senators to 
     give Tim a chance, meet with him, give him some time in 
     office to see how he performs, etc. If they ultimately say, 
     `no never' (and the longer we can forestall that, the 
     better), then we can tell them we'll look for other 
     candidates, and otherwise run out the clock. All of this 
     should be done in `good faith,' of course.

  Finally, we now know that after gaining this increased authority to 
appoint interim U.S. Attorneys indefinitely, the administration has 
exploited the provision to fire U.S. Attorneys for political reasons. A 
mass purge of this sort is unprecedented in recent history. The 
Department of Justice and the White House coordinated this purge. 
According to an administration ``hit list'' released on Tuesday, U.S. 
Attorneys were targets for the purge based on their rankings. The 
ranking relied in large part on whether the U.S. Attorney ``exhibit[ed] 
loyalty to the President and Attorney General.''
  Mr. Speaker, until exposed by this unfortunate episode, United States 
Attorneys were expected to, and in fact did exercise, wide discretion 
in the use of resources to further the priorities of their districts. 
Largely a result of its origins as a distinct prosecutorial branch of 
the Federal Government, the office of the United States Attorney 
traditionally operated with an unusual level of independence from the 
Justice Department in a broad range of daily activities. That practice 
served the Nation well for more than 200 years. The practice that has 
been in place for less than 2 years has served the Nation poorly. It 
needs to end.
  Mr. Speaker, during the full committee markup of H.R. 580, I brought 
to my colleagues' attention the value of including in the bill or 
committee report the core congressional findings that forms the 
justification for this legislation. Briefly stated, those findings are 
as follows:
  The Congress finds as follows:
  (1) That United States Attorneys are ``inferior officers'' and 
therefore are subject to the Constitution's discretionary appointment 
provisions authorizing the Congress to vest the appointment power in 
the President alone or the judiciary.
  (2) Vesting the authority in the United States Attorney General to 
appoint an interim United States Attorney to serve an indefinite term 
undermines the confirmation process of the United States Senate and 
removes a legislative check on executive power.
  (3) Vesting residual power to appoint an interim United States 
Attorney in the Federal district court in which the vacancy occurs 
constitutes an important judicial check on executive power.
  Mr. Speaker, H.R. 580 is a thoughtful and well crafted legislative 
measure which will restore public confidence in the process by which 
interim United States Attorneys are appointed. I strongly support the 
bill and urge all Members to do likewise.
  Mr. COBLE. Mr. Speaker, I yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, Members of the House, the American people 
must have full confidence in the integrity and the independence of the 
United States Attorneys in charge of Federal prosecutions throughout 
the country, in every State. While they owe the President their 
appointments, once they are in their jobs their enforcement decisions 
must be unquestionably above politics; and that is why we are here 
today.
  Senate confirmation is required for each one of them in an open and 
public process, and it is a critical safeguard against politicization 
of our prosecutorial system. This safeguard has been severely 
compromised by the secret change that has been referred to, and this 
bill restores the safeguards.

                              {time}  1800

  I ask my colleagues to fully support this measure on both sides of 
the aisle.
  Mr. SMITH of Texas. Mr. Speaker, this legislation would return the 
procedures for appointing interim U.S. Attorneys to what it was before 
Congress reauthorized the PATRIOT Act.
  Some have claimed that the PATRIOT Act's reform was used to avoid 
Senate confirmation of permanent U.S. attorneys. To prevent that 
alleged abuse, this bill, H.R. 580, was rushed headlong through the 
Judiciary Committee.
  One hearing was held on the bill. But that hearing focused mostly on 
the current U.S. Attorney controversy, not the bill, itself. It was 
then pushed immediately to the full committee, without an opportunity 
for subcommittee mark-up.
  Republicans on the Judiciary Committee would have liked to have 
worked more with the Democrats in a bipartisan fashion to improve the 
existing law. We might well have found a better solution.
  The majority's own witnesses at the hearing, for example, testified 
that much of the problem with the interim appointments process is the 
time it takes to obtain Senate confirmation. This bill, however, does 
not address that problem.
  Given more time, we might have considered some promising ideas from 
the other side of the Capitol.
  Senator Kyl, for example, proposed a 120-day interim appointment 
power for the Executive Branch, and a 120-day clock for the Senate to 
confirm permanent appointees. This would have addressed the principal 
problem.
  Senator Sessions proposed to set qualification standards for judicial 
appointments of interim appointees. These standards would have helped 
prevent unsuitable judicial appointees--assuming, for the purposes of 
argument, that there should be any judicial appointees of Executive 
Branch prosecutors.
  This bill would allow judges to appoint the very Executive Branch 
prosecutors practicing before them, and would raise legal, ethical and 
practical concerns. Surely we could have done better than return to a 
flawed law of the past.
  The rush to legislation also led to an under-considered amendment 
adopted at committee mark-up. That amendment would preclude the use of 
the full range of tried and true tools in the Vacancy Reform Act to 
obtain interim U.S. Attorneys.
  Specifically, it would preclude the President from reaching out to 
Senate-confirmed, Presidential appointees serving in other capacities, 
rather than just career civil servants, to serve in these important 
posts on an interim basis.
  The amendment limits the pool of qualified individuals to serve 
temporarily as U.S. Attorneys, so it weakens the federal government's 
ability to fight crime.
  In these times of the War on Terror and the continuing, age-old war 
on crime, the service of U.S. Attorneys--the front line of federal law 
enforcement--is more than ever a matter of first importance to the 
Nation. Their appointment is serious business.
  We should not have rushed to judgment in attending to this business, 
but instead have given the legislative process the time that it 
deserves.
  We have missed an opportunity to improve this bill. The American 
people have not been well-served.
  Mr. CONYERS. 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 Michigan (Mr. Conyers) that the House suspend the rules 
and pass the bill, H.R. 580, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CONYERS. 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.

                          ____________________




                  SAFETEA-LU TECHNICAL CORRECTIONS ACT

  Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1195) to amend the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users to make technical 
corrections, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

[[Page 7652]]



                               H.R. 1195

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

                      TITLE I--HIGHWAY PROVISIONS

     SECTION 101. SURFACE TRANSPORTATION TECHNICAL CORRECTIONS.

       (a) Correction of Internal References in Disadvantaged 
     Business Enterprises.--Paragraphs (3)(A) and (5) of section 
     1101(b) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1156) are amended by striking ``paragraph (1)'' each place it 
     appears and inserting ``paragraph (2)''.
       (b) Correction of Distribution of Obligation Authority.--
     Section 1102(c)(5) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1158) is amended by striking ``among the States''.
       (c) Correction of Federal Lands Highways.--Section 1119 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (119 Stat. 1190) is amended by 
     striking subsection (m) and inserting the following:
       ``(m) Forest Highways.--Of the amounts made available for 
     public lands highways under section 1101--
       ``(1) not more than $20,000,000 for each fiscal year may be 
     used for the maintenance of forest highways;
       ``(2) not more than $1,000,000 for each fiscal year may be 
     used for signage identifying public hunting and fishing 
     access; and
       ``(3) not more than $10,000,000 for each fiscal year shall 
     be used by the Secretary of Agriculture to pay the costs of 
     facilitating the passage of aquatic species beneath forest 
     roads (as defined in section 101(a) of title 23, United 
     States Code), including the costs of constructing, 
     maintaining, replacing, and removing culverts and bridges, as 
     appropriate.''.
       (d) Correction of Description of National Corridor 
     Infrastructure Improvement Project.--Item number 1 of the 
     table contained in section 1302(e) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1205) is amended in the State column by 
     inserting ``LA,'' after ``TX,''.
       (e) Correction of Interstate Route 376 High Priority 
     Designation.--
       (1) In general.--Section 1105(c)(79) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2032; 119 Stat. 1213) is amended by striking ``and on United 
     States Route 422''.
       (2) Conforming amendment.--Section 1105(e)(5)(B)(i)(I) of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (105 Stat. 2033; 119 Stat. 1213) is amended by striking ``and 
     United States Route 422''.
       (f) Correction of Infrastructure Finance Section.--Section 
     1602(d)(1) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1247) is amended by striking ``through 189 as sections 601 
     through 609, respectively'' and inserting ``through 190 as 
     sections 601 through 610, respectively''.
       (g) Transportation Systems Management and Operations 
     Defined.--Section 101(a) of title 23, United States Code, is 
     amended by adding at the end the following:
       ``(39) Transportation systems management and operations.--
       ``(A) In general.--The term `transportation systems 
     management and operations' means an integrated program to 
     optimize the performance of existing infrastructure through 
     the implementation of multimodal and intermodal, cross-
     jurisdictional systems, services, and projects designed to 
     preserve capacity and improve security, safety, and 
     reliability of the transportation system.
       ``(B) Inclusions.--The term `transportation systems 
     management and operations' includes--
       ``(i) regional operations collaboration and coordination 
     activities between transportation and public safety agencies; 
     and
       ``(ii) improvements to the transportation system, such as 
     traffic detection and surveillance, arterial management, 
     freeway management, demand management, work zone management, 
     emergency management, electronic toll collection, automated 
     enforcement, traffic incident management, roadway weather 
     management, traveler information services, commercial vehicle 
     operations, traffic control, freight management, and 
     coordination of highway, rail, transit, bicycle, and 
     pedestrian operations.''.
       (h) Correction of Reference in Apportionment of Highway 
     Safety Improvement Program Funds.--Effective October 1, 2006, 
     section 104(b)(5)(A)(iii) of title 23, United States Code, is 
     amended by striking ``the Federal-aid system'' each place it 
     appears and inserting ``Federal-aid highways''.
       (i) Correction of Amendment To Advance Construction.--
     Section 115 of title 23, United States Code, is amended by 
     redesignating subsection (d) as subsection (c).
       (j) Correction of High Priority Projects.--Section 117 of 
     title 23, United States Code, is amended--
       (1) by redesignating subsections (d) through (h) as 
     subsections (e) through (i), respectively;
       (2) by redesignating the second subsection (c) (relating to 
     Federal share) as subsection (d);
       (3) in subsection (a)(2)(A) by inserting ``(112 Stat. 
     257)'' after ``21st Century''; and
       (4) in subsection (a)(2)(B)--
       (A) by striking ``subsection (b)'' and inserting 
     ``subsection (c)''; and
       (B) by striking ``SAFETEA-LU'' and inserting ``Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1256)''.
       (k) Correction of Transfer of Unused Protective-Device 
     Funds to Other Highway Safety Improvement Program Projects.--
     Section 130(e)(2) of title 23, United States Code, is amended 
     by striking ``purposes under this subsection'' and inserting 
     ``highway safety improvement program purposes''.
       (l) Metropolitan Transportation Planning.--
       (1) Section 134(j)(3)(D) of title 23, United States Code, 
     is amended--
       (A) by inserting ``or the identified phase'' before 
     ``within the time''; and
       (B) by inserting ``or the identified phase'' before the 
     period at the end.
       (2) Section 134(k)(2) of such title is amended by striking 
     ``a metropolitan planning area serving''.
       (m) Correction of Highway Bridge Program.--
       (1) In general.--Section 144 of title 23, United States 
     Code, is amended--
       (A) in the section heading by striking ``replacement and 
     rehabilitation'';
       (B) in subsections (b), (c)(1), and (e) by striking 
     ``Federal-aid system'' each place it appears and inserting 
     ``Federal-aid highway'';
       (C) in subsections (c)(2) and (o) by striking ``the 
     Federal-aid system'' each place it appears and inserting 
     ``Federal-aid highways'';
       (D) in the heading to paragraph (4) of subsection (d) by 
     inserting ``systematic'' before ``preventive'';
       (E) in subsection (e) by striking ``off-system bridges'' 
     each place it appears and inserting ``bridges not on Federal-
     aid highways'';
       (F) by striking subsection (f);
       (G) by redesignating subsections (g) through (s) as 
     subsections (f) through (r), respectively;
       (H) in paragraph (2) of subsection (f) (as redesignated by 
     subparagraph (G)) by striking the paragraph heading and 
     inserting ``Bridges not on federal-aid highways'';
       (I) in subsection (m) (as redesignated by subparagraph (G)) 
     by striking the subsection heading and inserting ``Program 
     for Bridges Not on Federal-Aid Highways''; and
       (J) in subsection (n)(4)(B) (as redesignated by 
     subparagraph (G)) by striking ``State highway agency'' and 
     inserting ``State transportation department''.
       (2) Conforming amendments.--
       (A) Metropolitan planning.--Section 104(f)(1) of such title 
     is amended by striking ``replacement and rehabilitation''.
       (B) Equity bonus program.--Subsections (a)(2)(C) and 
     (b)(2)(C) of section 105 of such title are amended by 
     striking ``replacement and rehabilitation'' each place it 
     appears.
       (C) Analysis.--The analysis for chapter 1 of such title is 
     amended in the item relating to section 144 by striking 
     ``replacement and rehabilitation''.
       (n) Correction of National Scenic Byways Program 
     Coverage.--Section 162 of title 23, United States Code, is 
     amended--
       (1) in subsection (a)(3)(B) by striking ``a National Scenic 
     Byway under subparagraph (A)'' and inserting ``a National 
     Scenic Byway, an All-American Road, or one of America's 
     Byways under paragraph (1)''; and
       (2) in subsection (c)(3) by striking ``or All-American 
     Road'' each place it appears and inserting ``All-American 
     Road, or one of America's Byways''.
       (o) Correction of Reference in Toll Provision.--Section 
     166(b)(5)(C) of title 23, United States Code, is amended by 
     striking ``paragraph (3)'' and inserting ``paragraph (4)''.
       (p) Correction of Recreational Trails Program Apportionment 
     Exceptions.--Section 206(d)(3)(A) of title 23, United States 
     Code, is amended by striking ``(B), (C), and (D)'' and 
     inserting ``(B) and (C)''.
       (q) Consolidation of Grant Applications.--Section 402(m) of 
     title 23, United States Code, is amended in the first 
     sentence--
       (1) by striking ``through'' and inserting ``for which''; 
     and
       (2) by inserting ``is appropriate'' before the period at 
     the end.
       (r) Correction of Infrastructure Finance.--Section 
     601(a)(3) of title 23, United States Code, is amended by 
     inserting ``bbb minus, BBB (low),'' after ``Baa3,''.
       (s) Correction of Miscellaneous Typographical Errors.--
       (1) Section 1401 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1226) is amended by redesignating subsections (d) and 
     (e) as subsections (c) and (d), respectively.
       (2) Section 1404(e) of such Act (119 Stat. 1229) is amended 
     by inserting ``tribal,'' after ``local,''.
       (3) Section 10211(b)(2) of such Act (119 Stat. 1937) is 
     amended by striking ``plan administer'' and inserting ``plan 
     and administer''.

[[Page 7653]]

       (4) Section 10212(a) of such Act (119 Stat. 1937) is 
     amended--
       (A) by inserting ``equity bonus,'' after ``minimum 
     guarantee,'';
       (B) by striking ``freight intermodal connectors'' and 
     inserting ``railway-highway crossings'';
       (C) by striking ``high risk rural road,''; and
       (D) by inserting after ``highway safety improvement 
     programs'' the following: ``(and separately the set aside for 
     the high risk rural road program)''.

     SEC. 102. MAGLEV.

       (a) Funding.--Section 1101(a)(18) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1155) is amended by striking subparagraphs 
     (A) and (B) and inserting the following:
       ``(A) $20,000,000 for fiscal year 2007; and
       ``(B) $35,000,000 for each of fiscal years 2008 and 
     2009.''.
       (b) Contract Authority.--Section 1307 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1217) is amended by adding at the 
     end the following:
       ``(e) Contract Authority.--Funds authorized under section 
     1101(a)(18) shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code; except that the funds shall not 
     be transferable and shall remain available until expended, 
     and the Federal share of the cost of a project to be carried 
     out with such funds shall be 80 percent.''.

     SEC. 103. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE AND 
                   NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT 
                   PROJECTS.

       (a) Project of National and Regional Significance.--The 
     table contained in section 1301(m) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity: A Legacy for Users 
     (119 Stat. 1203) is amended in item number 4 by striking the 
     project description and inserting ``$7,400,000 for planning, 
     design, and construction of a new American border plaza at 
     the Blue Water Bridge in or near Port Huron; $12,600,000 for 
     integrated highway realignment and grade separations at Port 
     Huron to eliminate road blockages from NAFTA rail traffic''.
       (b) National Corridor Infrastructure Improvement Project.--
     The table contained in section 1302(e) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1205) is amended in item number 
     23 by striking the project description and inserting 
     ``Improvements to State Road 312, Hammond''.

     SEC. 104. IDLING REDUCTION FACILITIES.

       Section 111(d) of title 23, United States Code, is 
     repealed.

     SEC. 105. PROJECT AUTHORIZATIONS.

       (a) In General.--The table contained in section 1702 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1256) is amended--
       (1) in item number 34 by striking the project description 
     and inserting ``Removal and Reconfiguration of Interstate 
     ramps, I-40, Memphis'';
       (2) by striking item number 61;
       (3) in item number 87 by striking the project description 
     and inserting ``M-291 highway outer road improvement 
     project'';
       (4) in item number 128 by striking ``$2,400,000'' and 
     inserting ``$4,800,000'';
       (5) in item number 154 by striking ``Virginia'' and 
     inserting ``Eveleth'';
       (6) in item number 193 by striking the project description 
     and inserting ``Improvements to or access to Route 108 to 
     enhance access to the business park near Rumford'';
       (7) in item number 240 by striking ``$800,000'' and 
     inserting ``$2,400,000'';
       (8) by striking item number 248;
       (9) in item number 274 by striking the project description 
     and inserting ``Intersection improvements at Belleville and 
     Ecorse Roads and approach roadways, and widen Belleville Road 
     from Ecorse to Tyler, Van Buren Township, Michigan'';
       (10) in item number 277 by striking the project description 
     and inserting ``Construct connector road from Rushing Drive 
     North to Grand Ave., Williamson County'';
       (11) in item number 395 by striking the project description 
     and inserting ``Plan and construct interchange at I-65, from 
     existing SR-109 to I-65'';
       (12) in item number 463 by striking ``Cookeville'' and 
     inserting ``Putnam County'';
       (13) in item number 576 by striking the project description 
     and inserting ``Design, right-of-way, and construction of 
     Nebraska Highway 35 between Norfolk and South Sioux City, 
     including an interchange at Milepost 1 on I-129'';
       (14) in item number 595 by striking ``Street Closure at'' 
     and inserting ``Transportation improvement project near'';
       (15) in item number 649 by striking the project description 
     and inserting ``Construction and enhancement of the Fillmore 
     Avenue Corridor, Buffalo'';
       (16) in item number 655 by inserting ``, safety improvement 
     construction,'' after ``Environmental studies'';
       (17) in item number 676 by striking the project description 
     and inserting ``St. Croix River crossing project, Wisconsin 
     State Highway 64, St. Croix County, Wisconsin, to Minnesota 
     State Highway 36, Washington County'';
       (18) in item number 770 by striking the project description 
     and inserting ``Improve existing Horns Hill Road in North 
     Newark, Ohio, from Waterworks Road to Licking Springs Road'';
       (19) in item number 777 by striking the project description 
     and inserting ``Akutan Airport access'';
       (20) in item number 829 by striking the project description 
     and inserting ``$400,000 to conduct New Bedford/Fairhaven 
     Bridge modernization study; $1,000,000 to design and build 
     New Bedford Business Park access road'';
       (21) in item number 881 by striking the project description 
     and inserting ``Pedestrian safety improvements near North 
     Atlantic Boulevard, Monterey Park'';
       (22) in item number 923 by striking the project description 
     and inserting ``Improve safety of a horizontal curve on 
     Clarksville St. 0.25 miles north of 275th Rd. in Grandview 
     Township, Edgar County'';
       (23) in item number 947 by striking the project description 
     and inserting ``Third East/West River Crossing, St. Lucie 
     River'';
       (24) in item numbers 959 and 3327 by striking ``Northern 
     Section,'' each place it appears;
       (25) in item number 963 by striking the project description 
     and inserting ``For engineering, right-of-way acquisition, 
     and reconstruction of 2 existing lanes on Manhattan Road from 
     Baseline Road to Route 53'';
       (26) in item number 983 by striking the project description 
     and inserting ``Land acquisition for highway mitigation in 
     Cecil, Kent, Queen Annes, and Worcester Counties'';
       (27) in item number 1039 by striking the project 
     description and inserting ``Widen State Route 98, including 
     storm drain developments, from D. Navarro Avenue to State 
     Route 111'';
       (28) in item number 1047 by striking the project 
     description and inserting ``Bridge and road work at Little 
     Susitna River Access road in Matanuska-Susitna Borough'';
       (29) in item number 1124 by striking ``bridge over 
     Stillwater River, Orono'' and by inserting ``routes'';
       (30) in item number 1206 by striking ``Pleasantville'' and 
     inserting ``Briarcliff Manor'';
       (31) in item number 1281 by striking the project 
     description and inserting ``Upgrade roads in Attala County 
     District 4 (Roads 4211 and 4204), Kosciusko, Ward 2, and 
     Ethel, Attala County'';
       (32) in item number 1487 by striking ``$800,000'' and 
     inserting ``$1,600,000'';
       (33) in item number 1575 by striking the project 
     description and inserting ``Highway and road signage, and 
     traffic signal synchronization and upgrades, in Shippensburg 
     Boro, Shippensburg Township, and surrounding 
     municipalities'';
       (34) in item number 1661 by striking the project 
     description and inserting ``Sheldon West Extension in 
     Matanuska-Susitna Borough'';
       (35) in item number 1810 by striking the project 
     description and inserting ``Design, engineering, ROW 
     acquisition, construction, and construction engineering for 
     the reconstruction of TH 95, from 12th Avenue to CSAH 13, 
     including bridge and approaches, ramps, intersecting 
     roadways, signals, turn lanes, and multiuse trail, North 
     Branch'';
       (36) in item number 1852 by striking ``Milepost 9.3'' and 
     inserting ``Milepost 24.3'';
       (37) in item numbers 1926 and 2893 by striking the project 
     descriptions and inserting ``Grading, paving roads, and the 
     transfer of rail-to-truck for the intermodal facility at 
     Rickenbacker Airport, Columbus, Ohio'';
       (38) in item number 1933 by striking the project 
     description and inserting ``Enhance Byzantine Latino Quarter 
     transit plazas at Normandie and Pico, and Hoover and Pico, 
     Los Angeles, by improving streetscapes, including expanding 
     concrete and paving'';
       (39) in item number 1975 by striking the project 
     description and inserting ``Point MacKenzie Access Road 
     improvements in Matanuska-Susitna Borough'';
       (40) in item number 2015 by striking the project 
     description and inserting ``Heidelberg Borough/Scott 
     Township/Carnegie Borough for design, engineering, 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting and safety upgrades, and parking 
     improvements'';
       (41) in item number 2087 by striking the project 
     description and inserting ``Railroad crossing improvement on 
     Illinois Route 82 in Geneseo'';
       (42) in item number 2211 by striking the project 
     description and inserting ``Construct road projects and 
     transportation enhancements as part of or connected to 
     RiverScape Phase III, Montgomery County, Ohio'';
       (43) in item number 2234 by striking the project 
     description and amount and inserting ``North Atherton Signal 
     Coordination Project in Centre County'' and ``$400,000'', 
     respectively;
       (44) in item number 2316 by striking the project 
     description and inserting ``Construct a new bridge at Indian 
     Street, Martin County'';
       (45) in item number 2420 by striking the project 
     description and inserting ``Preconstruction and construction 
     activities of U.S. 51 between the Assumption Bypass and 
     Vandalia'';

[[Page 7654]]

       (46) in item number 2482 by striking ``Country'' and 
     inserting ``County'';
       (47) in item number 2663 by striking the project 
     description and inserting ``Rosemead Boulevard safety 
     enhancement and beautification, Temple City'';
       (48) in item number 2671 by striking ``from 2 to 5 lanes 
     and improve alignment within rights-of-way in St. George'' 
     and inserting ``, St. George'';
       (49) in item number 2743 by striking the project 
     description and inserting ``Improve safety of culvert 
     replacement on 250th Rd. between 460th St. and Cty Hwy 20 in 
     Grandview Township, Edgar County'';
       (50) by striking item number 2800;
       (51) in item number 2826 by striking ``State Street and 
     Cajon Boulevard'' and inserting ``Palm Avenue'';
       (52) in item number 2931 by striking ``Frazho Road'' and 
     inserting ``Martin Road'';
       (53) in item number 3047 by inserting ``and roadway 
     improvements'' after ``safety project'' ;
       (54) in item number 3078 by striking the project 
     description and inserting ``U.S. 2/Sultan Basin Road 
     improvements in Sultan'';
       (55) in item number 3174 by striking the project 
     description and inserting ``Improving Outer Harbor access 
     through planning, design, construction, and relocations of 
     Southtowns Connector-NY Route 5, Fuhrmann Boulevard, and a 
     bridge connecting the Outer Harbor to downtown Buffalo at the 
     Inner Harbor'';
       (56) in item number 3219 by striking ``Forest'' and 
     inserting ``Warren'';
       (57) in item number 3254 by striking the project 
     description and inserting ``Reconstruct PA Route 274/34 
     Corridor, Perry County'';
       (58) in item number 3260 by striking ``Lake Shore Drive'' 
     and inserting ``Lakeshore Drive and parking facility/entrance 
     improvements serving the Museum of Science and Industry'';
       (59) in item number 3368 by striking the project 
     description and inserting ``Plan, design, and engineering, 
     Ludlam Trail, Miami'';
       (60) in item number 3410 by striking the project 
     description and inserting ``Design, purchase land, and 
     construct sound walls along the west side of I-65 from 
     approximately 950 feet south of the Harding Place interchange 
     south to Hogan Road'';
       (61) in item number 3537 by inserting ``and the study of 
     alternatives along the North South Corridor,'' after 
     ``Valley'';
       (62) in item number 3582 by striking the project 
     description and inserting ``Improving Outer Harbor access 
     through planning, design, construction, and relocations of 
     Southtowns Connector-NY Route 5, Fuhrmann Boulevard, and a 
     bridge connecting the Outer Harbor to downtown Buffalo at the 
     Inner Harbor'';
       (63) in item number 3604 by inserting
     ``/Kane Creek Boulevard'' after ``500 West'';
       (64) in item number 3632 by striking the State, project 
     description, and amount and inserting ``FL'', ``Pine Island 
     Road pedestrian overpass, city of Tamarac'', and 
     ``$610,000'', respectively;
       (65) in item number 3634 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``FL'', ``West Avenue Bridge, city of Miami Beach'', and 
     ``$620,000'', respectively;
       (66) in item number 3673 by striking the project 
     description and inserting ``Improve marine dry-dock and 
     facilities in Ketchikan'';
       (67) in item number 2942 by striking the project 
     description and inserting ``Redesigning the intersection of 
     Business U.S. 322/High Street and Rosedale Avenue and 
     constructing a new East Campus Drive between High Street 
     (U.S. 322) and Matlock Street at West Chester University, 
     West Chester, Pennsylvania'';
       (68) in item number 2781 by striking the project 
     description and inserting ``Highway and road signage, road 
     construction, and other transportation improvement and 
     enhancement projects on or near Highway 26, in Riverton and 
     surrounding areas'';
       (69) in item number 2430 by striking ``200 South 
     Interchange'' and inserting ``400 South Interchange'';
       (70) by striking item number 20;
       (71) in item number 424 by striking ``$264,000'' and 
     inserting ``$644,000'';
       (72) in item number 1210 by striking the project 
     description and inserting ``Town of New Windsor--Riley Road, 
     Shore Drive, and area road improvements'';
       (73) by striking item numbers 68, 905, and 1742;
       (74) in item number 1059 by striking ``$240,000'' and 
     inserting ``$420,000'';
       (75) in item number 2974 by striking ``$120,000'' and 
     inserting ``$220,000'';
       (76) by striking item numbers 841, 960, and 2030;
       (77) in item number 1278 by striking ``$740,000'' and 
     inserting ``$989,600'';
       (78) in item number 207 by striking ``$13,600,000'' and 
     inserting ``$13,200,000'';
       (79) in item number 2656 by striking ``$12,228,000'' and 
     inserting ``$8,970,000'';
       (80) in item number 1983 by striking ``$1,600,000'' and 
     inserting ``$1,000,000'';
       (81) in item number 753 by striking ``$2,700,000'' and 
     inserting ``$3,200,000'';
       (82) in item number 64 by striking ``$6,560,000'' and 
     inserting ``$8,480,000'';
       (83) in item number 2338 by striking ``$1,600,000'' and 
     inserting ``$1,800,000'';
       (84) in item number 1533 by striking ``$392,000'' and 
     inserting ``$490,000'';
       (85) in item number 1354 by striking ``$40,000'' and 
     inserting ``$50,000'';
       (86) in item number 3106 by striking ``$400,000'' and 
     inserting ``$500,000'';
       (87) in item number 799 by striking ``$1,600,000'' and 
     inserting ``$2,000,000'';
       (88) in item number 159--
       (A) by striking ``Construct interchange for 146th St. and 
     I-69'' and inserting ``Upgrade 146th St. to I-69 Access''; 
     and
       (B) by striking ``$2,400,000'' and inserting 
     ``$3,200,000'';
       (89) by striking item number 2936;
       (90) in item number 3138 by striking the project 
     description and inserting ``Elimination of highway-railway 
     crossing along the KO railroad from Salina to Osborne to 
     increase safety and reduce congestion'';
       (91) in item number 2274 by striking ``between Farmington 
     and Merriman'' and inserting ``between Hines Drive and 
     Inkster, Flamingo Street between Ann Arbor Trail and Joy 
     Road, and the intersection of Warren Road and Newburgh 
     Road'';
       (92) in item number 52 by striking the project description 
     and inserting ``Pontiac Trail between E. Liberty and McHattie 
     Street'';
       (93) in item number 1544 by striking ``connector'';
       (94) in item number 2573 by striking the project 
     description and inserting ``Rehabilitation of Sugar Hill Road 
     in North Salem, NY'';
       (95) in item number 1450 by striking ``III-VI'' and 
     inserting ``III-VII'';
       (96) in item number 2637 by striking the project 
     description and inserting ``Construction, road and safety 
     improvements in Geauga County, OH'';
       (97) in item number 2342 by inserting ``and to Heisley 
     Road'' after ``Interchange'';
       (98) in item number 161 by striking the project description 
     and inserting ``Construct False Pass causeway and road to the 
     terminus of the south arm  breakwater project'';
       (99) in item number 2002 by striking the project 
     description and inserting ``Providence Hospital public access 
     road and enhancements, including access connections between 
     the proposed Providence Regional Administration Building and 
     Piper Street, to improve  access and circulation in the 
     Providence Southwest Campus'';
       (100) in item number 2023 by striking the project 
     description and inserting ``Biking and pedestrian trail 
     construction, Kentland'';
       (101) in item number 2035 by striking ``Replace'' and 
     inserting ``Repair'';
       (102) in item number 2511 by striking ``Replace'' and 
     inserting ``Rehabilitate'';
       (103) in item number 2981 by striking the project 
     description and inserting ``Roadway improvements on Highway 
     262 on the Navajo Nation in Aneth'';
       (104) in item number 2068 by inserting ``and approaches'' 
     after ``capacity'';
       (105) in item number 98 by striking the project description 
     and inserting ``Right-of-way and construction for the 77th 
     Street reconstruction project, including the Lyndale Avenue 
     Bridge over I-494, Richfield'';
       (106) in item number 1783 by striking the project 
     description and inserting ``Clark Road access improvements, 
     Jacksonville'';
       (107) in item number 2711 by striking the project 
     description and inserting ``Main Street Road Improvements 
     through Springfield, Jacksonville'';
       (108) in item number 3485 by striking the project 
     description and inserting ``Improve SR 105 (Hecksher Drive) 
     from Drummond Point to August Road, including bridges across 
     the Broward River and Dunns Creek, Jacksonville'';
       (109) in item number 3486 by striking the project 
     description and inserting ``Construct improvements to NE 19th 
     Street/NE 19th Terrace from NE 3rd Avenue to NE 8th Avenue, 
     Gainesville'';
       (110) in item number 3487 by striking the project 
     description and inserting ``Construct improvements to NE 25th 
     Street from SR 26 (University Blvd.) to NE 8th Avenue, 
     Gainesville'';
       (111) in item number 803 by striking ``St. Clair County'' 
     and inserting ``city of Madison'';
       (112) in item number 615 by striking the project 
     description and inserting ``Roadway improvements to Jackson 
     Avenue between Jericho Turnpike and Teibrook Avenue'';
       (113) in item number 889 by striking the project 
     description and inserting ``U.S. 160, State Highway 3 to east 
     of the Florida River'';
       (114) in item number 324 by striking the project 
     description and inserting ``Paving a portion of H-58 from 
     Buck Hill to 4,000 feet east of Hurricane River'';
       (115) in item number 301 by striking the project 
     description and inserting ``Improvements for St. Georges 
     Avenue between East Baltimore Avenue on the southwest and 
     Chandler Avenue on the northeast'';
       (116) in item number 1519 by inserting ``at the 
     intersection of Quincy/West Drinker/Electric Streets near the 
     Dunmore School complex'' after ``roadway redesign'';

[[Page 7655]]

       (117) in item number 2604 by inserting ``on Coolidge, 
     Bridge (from Main to Monroe), Skytop (from Gedding to 
     Skytop), Atwell (from Bear Creek Rd. to Pittston Township), 
     Wood (to Bear Creek Rd.), Pine, Oak (from Penn Avenue to 
     Lackawanna Avenue), McLean, Second, and Lolli Lane'' after 
     ``roadway redesign'';
       (118) in item number 1157 by inserting ``on Mill Street 
     from Prince Street to Roberts Street, John Street from 
     Roberts Street to end, Thomas Street from Roberts Street to 
     end, Williams Street from Roberts Street to end, Charles 
     Street from Roberts Street to end, Fair Street from Roberts 
     Street to end, Newport Avenue from East Kirmar Avenue to 
     end'' after ``roadway redesign'';
       (119) in item number 805 by inserting ``on Oak Street from 
     Stark Street to the township line at Mayock Street and on 
     East Mountain Boulevard'' after ``roadway redesign'';
       (120) in item number 2704 by inserting ``on West Cemetery 
     Street and Frederick Courts'' after ``roadway redesign'';
       (121) in item number 3136 by inserting ``on Walden Drive 
     and Greenwood Hills Drive'' after ``roadway redesign'';
       (122) in item number 1363 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, handicap access ramps, 
     parking, and roadway redesign on Bilbow Street from Church 
     Street to Pugh Street, on Pugh Street from Swallow Street to 
     Main Street, Jones Lane from Main Street to Hoblak Street, 
     Cherry Street from Green Street to Church Street, Main Street 
     from Jackson Street to end, Short Street from Cherry Street 
     to Main Street, and Hillside Avenue in Edwardsville Borough, 
     Luzerne County'';
       (123) in item number 883 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, parking, roadway redesign, and safety 
     improvements (including curbing, stop signs, crosswalks, and 
     pedestrian sidewalks) at and around the 3-way intersection 
     involving Susquehanna Avenue, Erie Street, and Second Street 
     in West Pittston, Luzerne County'';
       (124) in item number 625 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, and roadway 
     redesign on Sampson Street, Dunn Avenue, Powell Street, 
     Josephine Street, Pittston Avenue, Railroad Street, McClure 
     Avenue, and Baker Street in Old Forge Borough, Lackawanna 
     County'';
       (125) in item number 372 by inserting ``, replacement of 
     the Nesbitt Street Bridge, and placement of a guard rail 
     adjacent to St. Vladimir's Cemetery on Mountain Road (S.R. 
     1007)'' after ``roadway redesign'';
       (126) in item number 2308 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, and roadway 
     redesign, including a project to establish emergency access 
     to Catherino Drive from South Valley Avenue in Throop 
     Borough, Lackawanna County'';
       (127) in item number 967 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, roadway 
     redesign, and catch basin restoration and replacement on 
     Cherry Street, Willow Street, Eno Street, Flat Road, Krispin 
     Street, Parrish Street, Carver Street, Church Street, 
     Franklin Street, Carolina Street, East Main Street, and Rear 
     Shawnee Avenue in Plymouth Borough, Luzerne County'';
       (128) in item number 989 by inserting ``on Old Ashley Road, 
     Ashley Street, Phillips Street, First Street, Ferry Road, and 
     Division Street'' after ``roadway redesign'';
       (129) in item number 342 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, roadway 
     redesign, and cross pipe and catch basin restoration and 
     replacement on Northgate, Mandy Court, Vine Street, and 36th 
     Street in Milnesville West, and on Hillside Drive (including 
     the widening of the bridge on Hillside Drive), Club 40 Road, 
     Sunburst and Venisa Drives, and Stockton #7 Road in Hazle 
     Township, Luzerne County'';
       (130) in item number 2332 by striking ``Monroe County'' and 
     inserting ``Carbon, Monroe, Pike, and Wayne Counties'';
       (131) in item number 2436 by striking the project 
     description and amount and inserting ``For Wilkes-Barre to 
     design, acquire land, and construct a parking garage or 
     parkade, streetscaping enhancements, paving, lighting, safety 
     improvements, and roadway redesign at and around the Sterling 
     Hotel in Wilkes-Barre, including on River Street, Market 
     Street, or Franklin Street (or any combination thereof) to 
     the vicinity of the Irem Temple'' and ``$3,000,000'', 
     respectively;
       (132) in item number 2723 by striking ``$4,000,000'' and by 
     inserting ``$3,150,000'';
       (133) in item number 61 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``AL'', ``Grade crossing improvements along Wiregrass Central 
     RR at Boll Weevil Bypass in Enterprise, AL'', and 
     ``$250,000'', respectively;
       (134) in item number 314 by striking the project 
     description and amount and inserting ``Streetscape 
     enhancements to the transit and pedestrian corridor, Fort 
     Lauderdale, Downtown Development Authority'' and 
     ``$610,000'', respectively;
       (135) in item number 1639 by striking the project 
     description and inserting ``Operational and highway safety 
     improvements on Hwy 94 between the 20 mile marker post in 
     Jamul and Hwy 188 in Tecate'';
       (136) in item number 2860 by striking the project 
     description and inserting ``Roadway improvements from 
     Halchita to Mexican Hat on the Navajo Nation'';
       (137) in item number 2549 by striking ``on Navy Pier'';
       (138) in item number 2804 by striking ``on Navy Pier'';
       (139) in item number 1328 by striking the project 
     description and inserting ``Construct public access roadways 
     and pedestrian safety improvements in and around Montclair 
     State University in Clifton'';
       (140) in item number 2559 by striking the project 
     description and inserting ``Construct sound walls on Route 
     164 at and near the Maersk interchange'';
       (141) in item number 1849 by striking the project 
     description and inserting ``Highway, traffic-flow, pedestrian 
     facility, and streetscape improvements, Pittsburgh'';
       (142) in item number 697 by striking the project 
     description and inserting ``Highway, traffic-flow, pedestrian 
     facility, and streetscape improvements, Pittsburgh'';
       (143) in item number 3597 by striking the project 
     description and inserting ``Road Alignment from IL Route 159 
     to Sullivan Drive, Swansea'';
       (144) in item number 2352 by striking the project 
     description and inserting ``Streetscaping and transportation 
     enhancements on 7th Street in Calexico, traffic signalization 
     on Highway 78, construction of the Renewable Energy and 
     Transportation Learning Center, improve and enlarge parking 
     lot, and create bus stop, Brawley'';
       (145) in item number 3482 by striking the project 
     description and inserting ``Conduct a study to examine multi-
     modal improvements to the I-5 corridor between the Main 
     Street Interchange and State Route 54'';
       (146) in item number 1275 by striking the project 
     description and inserting ``Scoping, permitting, engineering, 
     construction management, and construction of Riverbank Park 
     Bike Trail, Kearny'';
       (147) in item number 726 by striking the project 
     description and inserting ``Grade Separation at Vanowen and 
     Clybourn, Burbank'';
       (148) in item number 1579 by striking the project 
     description and inserting ``San Gabriel Blvd. rehabilitation 
     project, Mission Road to Broadway, San Gabriel'';
       (149) in item number 2690 by striking the project 
     description and inserting ``San Gabriel Blvd. rehabilitation 
     project, Mission Road to Broadway, San Gabriel'';
       (150) in item number 2811 by striking the project 
     description and inserting ``San Gabriel Blvd. rehabilitation 
     project, Mission Road to Broadway, San Gabriel'';
       (151) in item number 259 by striking the project 
     description and inserting ``Design and construction of the 
     Clair Nelson Intermodal Center in Finland, Lake County'';
       (152) in item number 3456 by striking the project 
     description and by inserting ``Completion of Phase II/Part I 
     of a project on Elizabeth Avenue in Coleraine to west of 
     Itasca County State Aid Highway 15 in Itasca County'';
       (153) in item number 2429 by striking the project 
     description and inserting ``Upgrade streets, undertake 
     streetscaping, and implement traffic and pedestrian safety 
     signalization improvements and highway-rail crossing safety 
     improvements, Oak Lawn'';
       (154) in item number 766 by striking the project 
     description and inserting ``Design and construction of the 
     walking path at Ellis Pond, Norwood'';
       (155) in item number 3474 by striking the project 
     description and inserting ``Yellow River Trail, Newton 
     County'';
       (156) in item number 3291 by striking the amount and 
     inserting ``$200,000'';
       (157) in item number 3635 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``GA'', ``Access Road in Montezuma'', and ``$200,000'', 
     respectively;
       (158) in item number 716 by striking the project 
     description and inserting ``Conduct a project study report 
     for new Highway 99 Interchange between SR 165 and Bradbury 
     Road, and safety improvements/realignment of SR 165, serving 
     Turlock/Hilmar region'';
       (159) in item number 1386 by striking the project 
     description and amount and inserting ``Pedestrian and bicycle 
     facilities, and street lighting in Haddon Heights'' and 
     ``$300,000'', respectively;
       (160) in item number 2720 by striking the project 
     description and amount and inserting ``Pedestrian and bicycle 
     facilities and street lighting in Barrington and streetscape 
     improvements to Clements Bridge Road from the circle at the 
     White Horse Pike to NJ Turnpike overpass in Barrington'' and 
     ``$700,000'', respectively;

[[Page 7656]]

       (161) in item number 2523 by striking the project 
     description and inserting ``Penobscot Riverfront Development 
     for bicycle trails, amenities, traffic circulation 
     improvements, and waterfront access and stabilization, Bangor 
     and Brewer'';
       (162) in item number 545 by striking the project 
     description and inserting ``Planning, design, and 
     construction of improvements to the highway systems 
     connecting to Lewistown and Auburn downtowns'';
       (163) in item number 2168 by striking the project 
     description and amount and inserting ``Study and design, 
     engineering, right-of-way acquisition, and construction of 
     street improvements, streetscaping enhancements, paving, 
     lighting, safety improvements, along the Rt. 315 corridor 
     from Dupont to Wilkes Barre'' and ``$1,000,000'', 
     respectively;
       (164) in item number 170 by striking the project 
     description and amount and inserting ``Study of a Maglev 
     train route from Northeast Pennsylvania through New Jersey 
     and New York'' and ``$1,600,000'', respectively;
       (165) in item number 2366 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and paving of the parking lot at the Casey Plaza 
     in Wilkes-Barre Township'';
       (166) in item number 826 by striking ``and Interstate 81'' 
     and inserting ``and exit 168 on Interstate 81 or the 
     intersection of the connector road with Northampton St.'';
       (167) in item number 2144 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, and roadway 
     redesign on Third Street from Pittston Avenue to Packer 
     Street; Swift Street from Packer Street to Railroad Street; 
     Clark Street from Main Street to South Street; School Street 
     from Main Street to South Street; Plane Street from Grove 
     Street to William Street; John Street from 4 John Street to 
     William Street; Grove Street from Plane Street to Duryea 
     Borough line; Wood Street from Cherry Street to Hawthorne 
     Street in Avoca Borough, Luzerne County'';
       (168) in item number 1765 by striking the project 
     description and amount and inserting ``Design, engineering, 
     right-of-way acquisition, and construction of street 
     improvements, streetscaping enhancements, paving, lighting, 
     safety improvements, parking, roadway redesign in Pittston, 
     including right-of-way acquisition, structure demolition, and 
     intersection safety improvements in the vicinity and 
     including the intersection of Main and William Streets in 
     Pittston'' and ``$1,600,000'', respectively;
       (169) in item number 2957 by striking the project 
     description and amount and inserting ``Design, engineering, 
     land acquisition, right-of-way acquisition, and construction 
     of a parking garage, streetscapping enhancements, paving, 
     lighting, safety improvements, parking, and roadway redesign 
     in the city of Wilkes-Barre'' and ``$2,800,000'', 
     respectively;
       (170) in item number 3283 by striking the project 
     description and amount and inserting ``Pedestrian access 
     improvements, including installation of infrastructure and 
     equipment for security and surveillance purposes at subway 
     stations in Astoria, New York'' and ``$1,300,000'', 
     respectively;
       (171) in item number 3556 by striking the project 
     description and amount and inserting ``Design and 
     rehabilitate staircases used as streets due to the steep 
     grade of terrain in Bronx County'' and ``$1,100,000'', 
     respectively;
       (172) by striking item number 203;
       (173) by striking item number 552;
       (174) by striking item number 590;
       (175) by striking item number 759;
       (176) by striking item number 879;
       (177) by striking item number 1071;
       (178) by striking item number 1382;
       (179) by striking item number 1897;
       (180) by striking item number 2553;
       (181) in item number 3014 by striking the project 
     description and amount and inserting ``Design and Construct 
     school safety projects in New York City'' and ``$2,500,000'', 
     respectively;
       (182) in item number 2375 by striking the project 
     description and amount and inserting ``Subsurface 
     environmental study to measure presence of methane and 
     benzene gasses in vicinity of Greenpoint, Brooklyn, and the 
     Kosciusko Bridge, resulting from the Newtown Creek oil 
     spill'' and ``$100,000'';
       (183) in item number 221 by striking the project 
     description and inserting ``Study and implement 
     transportation improvements in the Breezy Point neighborhood 
     of Queens County'';
       (184) in item number 2732 striking the project description 
     and inserting ``Pedestrian safety improvements in the 
     vicinity of LIRR stations'';
       (185) by striking item number 99;
       (186) in item number 398 by striking the project 
     description and inserting ``Construct a new 2-lane road 
     extending north from University Park Drive and improvements 
     to University Park Drive'';
       (187) in item number 446 by striking the project 
     description and inserting ``Transportation improvements for 
     development of the Williamsport-Pile Bay Road corridor'';
       (188) in item number 671 by striking ``and Pedestrian Trail 
     Expansion'' and inserting ``, including parking facilities 
     and Pedestrian Trail Expansion'';
       (189) in item number 674 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``AL'', ``Grade crossing improvements along Conecuh Valley RR 
     at Henderson Highway (CR-21) in Troy, AL'', and ``$300,000'', 
     respectively;
       (190) in item number 739 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``AL'', ``Grade crossing improvements along Luxapalila Valley 
     RR in Lamar and Fayette Counties, AL (Crossings at CR-6, CR-
     20, SH-7, James Street, and College Drive)'', and 
     ``$300,000'', respectively;
       (191) in item number 746 by striking ``Planning and 
     construction of a bicycle trail adjacent to the I-90 and SR 
     615 Interchange in'' and inserting ``Planning, construction, 
     and extension of bicycle trails adjacent to the I-90 and SR 
     615 Interchange, along the Greenway Corridor and 
     throughout'';
       (192) in item number 749 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``UPMC Heliport in Bedford'', and ``$750,000'', 
     respectively;
       (193) in item number 813 by striking the project 
     description and inserting ``Preliminary design and study of 
     long-term roadway approach alternatives to TH 36/SH 64 St. 
     Croix River Crossing Project'';
       (194) in item number 816 by striking ``$800,000'' and 
     inserting ``$880,000'';
       (195) in item number 852 by striking ``Acquire Right-of-Way 
     for Ludlam Trail, Miami, Florida'' and inserting ``Planning, 
     design, and engineering, Ludlam Trail, Miami'';
       (196) in item number 994 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Construct 2 flyover ramps and S. Linden Street exit 
     for access to industrial sites in the cities of McKeesport 
     and Duquesne'', and ``$500,000'', respectively;
       (197) in item number 1015 by striking the project 
     description and inserting ``Mississippi River Crossing 
     connecting I-94 and US 10 between US 160 and TH 101, MN'';
       (198) in item number 1101 by striking the project 
     description and inserting ``I-285 underpass/tunnel assessment 
     and engineering and interchange improvements in Sandy 
     Springs'';
       (199) in item number 1211 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Road improvements and upgrades related to the 
     Pennsylvania State Baseball Stadium'', and ``$500,000'', 
     respectively;
       (200) in item number 1345 by striking ``to Stony Creek 
     Park, 25 Mile Road in Shelby Township'' and inserting ``south 
     to the city of Utica'';
       (201) in item number 1501 by striking the project 
     description and inserting ``Construction and right-of-way 
     acquisition of TH 241, CSAH 35 and associated streets in the 
     city of St. Michael'';
       (202) in item number 1525 by striking ``north of CSX RR 
     Bridge'' and inserting ``US Highway 90'';
       (203) in item number 1847 by striking ``Ferry'' and 
     inserting ``Dock'';
       (204) in item number 2031 by striking the project 
     description and inserting ``Construct and improve Westside 
     Parkway in Fulton County'';
       (205) in item number 2103 by striking ``$2,000,000'' and 
     inserting ``$3,000,000'';
       (206) in item number 2219 by striking ``SR 91 in City of 
     Twinsburg, OH'' and inserting ``Center Valley Parkway in 
     Twinsburg, OH'';
       (207) in item number 2302 by inserting ``and other road 
     improvements to Safford Street'' after ``crossings'';
       (208) in item number 2560 by striking the project 
     description and inserting ``I-285 underpass/tunnel assessment 
     and engineering and interchange improvements in Sandy 
     Springs'';
       (209) in item number 2563 by striking the project 
     description and amount and inserting ``Construct hike and 
     bike path as part of Bridgeview Bridge replacement in Macomb 
     County'' and ``$486,400'', respectively;
       (210) in item number 2698 by striking the project 
     description and inserting ``Interchanges at I-95/Ellis Road 
     and between Grant Road and Micco Road, Brevard County'';
       (211) in item number 3141 by striking ``$2,800,000'' and 
     inserting ``$1,800,000'';
       (212) by striking item number 3160;
       (213) in item number 3353 by inserting ``and construction'' 
     after ``mitigation'';
       (214) in item number 996 by striking ``$2,000,000'' and 
     inserting ``$687,000'';
       (215) in item number 2166 by striking the project 
     description and inserting ``Design, right-of-way acquisition, 
     and construction for I-35 and CSAH2 interchange and CSAH2 
     corridor to TH61 in Forest Lake'';
       (216) in item number 3251 by striking the project 
     description and inserting ``I-94 and Radio Drive Interchange 
     and frontage road project, design, right-of-way, and 
     construction, Woodbury'';
       (217) in item number 1488 by striking the project 
     description and inserting ``Construct a 4-lane highway 
     between Maverick Junction and the Nebraska border'';
       (218) in item number 3240 by striking the project 
     description and inserting ``Railroad-highway crossings in 
     Pierre'';

[[Page 7657]]

       (219) in item number 1738 by striking ``Paving'' and 
     inserting ``Planning, design, and construction'';
       (220) in item number 3672 by striking the project 
     description and inserting ``Pave remaining stretch of BIA 
     Route 4 from the junction of the BIA Route 4 and N8031 in 
     Pinon, AZ, to the Navajo and Hopi border'';
       (221) in item number 2424 by striking ``Construction'' and 
     inserting ``preconstruction (including survey and 
     archeological clearances) and construction'';
       (222) in item number 1216 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``For roadway construction improvements to Route 222 
     relocation, Lehigh County'', and ``$1,313,000'', 
     respectively;
       (223) in item number 2956 by striking ``$1,360,000'' and 
     inserting ``$2,080,000'';
       (224) in item number 1256 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Construction of a bridge over Brandywine Creek as 
     part of the Boot Road extension project, Downingtown 
     Borough'', and ``$700,000'', respectively;
       (225) in item number 1291 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Enhance parking facilities in Chester Springs, 
     Historic Yellow Springs'', and ``$20,000'', respectively;
       (226) in item number 1304 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Improve the intersection at SR 100/SR 4003 
     (Kernsville Road), Lehigh County'', and ``$250,000'', 
     respectively;
       (227) in item number 1357 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Intersection signalization at SR 3020 (Newburg 
     Road)/Country Club Road, Northampton County'', and 
     ``$250,000'', respectively;
       (228) in item number 1395 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Improve the intersection at SR 100/SR 29, Lehigh 
     County'', and ``$220,000'', respectively;
       (229) in item number 80 by striking ``$4,544,000'' and 
     inserting ``$4,731,200'';
       (230) in item number 2096 by striking ``$4,800,000'' and 
     inserting ``$5,217,600'';
       (231) in item number 1496 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Study future needs of East-West road infrastructure 
     in Adams County'', and ``$115,200'', respectively;
       (232) in item number 2193 by striking the project 
     description and inserting ``710 Freeway Study to 
     comprehensively evaluate the technical feasibility of a 
     tunnel alternative to close the 710 Freeway gap, considering 
     all practicable routes, in addition to any potential route 
     previously considered, and with no funds to be used for 
     preliminary engineering or environmental review except to the 
     extent necessary to determine feasibility'';
       (233) in item number 2445 by striking the project 
     description and by inserting ``$600,000 for road and 
     pedestrian safety improvements on Main Street in the Village 
     of Patchogue; $900,000 for road and pedestrian safety 
     improvements on Montauk Highway, between NYS Route 112 and 
     Suffolk County Road 101 in Suffolk County'';
       (234) in item number 346 by striking the project 
     description and by inserting ``Hansen Dam Recreation Area 
     access improvements, including hillside stabilization and 
     parking lot rehabilitation along Osborne Street between 
     Glenoaks Boulevard and Dronfield Avenue''; and
       (235) in item number 449 by striking the project 
     description and inserting ``Route 30 and Mount Pleasant Road 
     Interchange Safety Improvements, Westmoreland County, install 
     light installations at intersection and consolidate entrances 
     and exits to Route 30''.
       (b) Unused Obligation Authority.--Notwithstanding any other 
     provision of law, unused obligation authority made available 
     for an item in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1256) that is repealed, or authorized 
     funding for such an item that is reduced, by this section 
     shall be made available--
       (1) for an item in section 1702 of that Act that is added 
     or increased by this section and that is in the same State as 
     the item for which obligation authority or funding is 
     repealed or reduced;
       (2) in an amount proportional to the amount of obligation 
     authority or funding that is so repealed or reduced; and
       (3) individually for projects numbered 1 through 3676 
     pursuant to section 1102(c)(4)(A) of that Act (119 Stat. 
     1158).
       (c) Additional Discretionary Use of Surface Transportation 
     Program Funds.--Of the funds apportioned to each State under 
     section 104(b)(3) of title 23, United States Code, a State 
     may expend for each of fiscal years 2007 through 2009 not 
     more than $1,000,000 for the following activities:
       (1) Participation in the Joint Operation Center for Fuel 
     Compliance established under section 143(b)(4)(H) of title 
     23, United States Code, within the Department of the 
     Treasury, including the funding of additional positions for 
     motor fuel tax enforcement officers and other staff dedicated 
     on a full-time basis to participation in the activities of 
     the Center.
       (2) Development, operation, and maintenance of electronic 
     filing systems to coordinate data exchange with the Internal 
     Revenue Service by States that impose a tax on the removal of 
     taxable fuel from any refinery and on the removal of taxable 
     fuel from any terminal.
       (3) Development, operation, and maintenance of electronic 
     single point of filing in conjunction with the Internal 
     Revenue Service by States that impose a tax on the removal of 
     taxable fuel from any refinery and on the removal of taxable 
     fuel from any terminal.
       (4) Development, operation, and maintenance of a 
     certification system by a State of any fuel sold to a State 
     or local government (as defined in section 4221(d)(4) of the 
     Internal Revenue Code of 1986) for the exclusive use of the 
     State or local government or sold to a qualified volunteer 
     fire department (as defined in section 150(e)(2) of such 
     Code) for its exclusive use.
       (5) Development, operation, and maintenance of a 
     certification system by a State of any fuel sold to a 
     nonprofit educational organization (as defined in section 
     4221(d)(5) of such Code) that includes verification of the 
     good standing of the organization in the State in which the 
     organization is providing educational services.
       (d) Project Federal Share.--Section 1964 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity: A 
     Legacy for Users (119 Stat. 1519) is amended by adding at the 
     end the following:
       ``(c) Special Rule.--Notwithstanding any other provision of 
     law, the Federal share of the cost of the projects described 
     in item numbers 1284 and 3093 in the table contained in 
     section 1702 of this Act shall be 100 percent.''.

     SEC. 106. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.

       Section 1807(a)(3) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1460) is amended by striking ``Minneapolis-St. Paul, 
     Minnesota'' and inserting ``Minneapolis, Minnesota''.

     SEC. 107. CORRECTION OF INTERSTATE DESIGNATION.

       Section 1908(a) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1469) is amended by striking paragraph (3).

     SEC. 108. FUTURE OF SURFACE TRANSPORTATION SYSTEM.

       Section 1909(b) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1471) is amended--
       (1) in the matter preceding subparagraph (A) of paragraph 
     (9) by striking ``July 1, 2007'' and inserting ``December 31, 
     2007'';
       (2) in paragraph (11)(C) by striking ``the Administrator of 
     the Federal Highway Administration'' and inserting ``the 
     Secretary'';
       (3) in paragraph (11)(D)(i) by striking ``, on a 
     reimbursable basis,'';
       (4) in paragraph (15) by striking ``$1,400,000 for each of 
     fiscal years 2006 and 2007'' and inserting ``$1,400,000 for 
     fiscal year 2006 and $3,400,000 for fiscal year 2007'';
       (5) by redesignating paragraphs (14), (15), (16), and (17) 
     as paragraphs (15), (16), (17), and (18), respectively; and
       (6) by inserting after paragraph (13) the following:
       ``(14) Limitations.--Funds made available to carry out this 
     section may be expended only to support the activities of the 
     Commission. No data, analyses, reports, or any other 
     documents prepared for the Commission to fulfill its duties 
     may be provided to or shared with other commissions or task 
     forces until such data, analyses, reports, or documents have 
     been made available to the public.''.

     SEC. 109. BUDGET JUSTIFICATION; BUY AMERICA.

       (a) Budget Justification.--Section 1926 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1483) is amended by striking 
     ``The Department'' and inserting ``Notwithstanding any other 
     provision of law, the Department''.
       (b) Buy America.--Section 1928 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1484) is amended--
       (1) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the current application by the Federal Highway 
     Administration of the Buy America test is only applied to 
     components or parts of a bridge project and not the entire 
     bridge project and this is inconsistent with this sense of 
     Congress;''.

     SEC. 110. TRANSPORTATION IMPROVEMENTS.

       The table contained in section 1934(c) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1486) is amended--
       (1) in item number 436 by inserting ``, Saole,'' after 
     ``Sua'';
       (2) in item number 448 by inserting ``by removing asphalt 
     and concrete and reinstalling blue cobblestones'' after 
     ``streets'';
       (3) by striking item number 451; and
       (4) in item number 452 by striking ``$2,000,000'' and 
     inserting ``$3,000,000''.

[[Page 7658]]



     SEC. 111. BIA INDIAN ROAD PROGRAM.

       Section 1939(b) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1511) is amended--
       (1) by striking ``For the villages'' and inserting the 
     following:
       ``(1) In general.--For the villages'';
       (2) by striking ``, and the Secretary'' and inserting a 
     period and the following:
       ``(2) Fiscal year 2006.--The Secretary''; and
       (3) by adding at the end the following:
       ``(3) Fiscal year 2007.--The Secretary shall pay, from 
     amounts made available to carry out section 202(d) of title 
     23, United States Code, for fiscal year 2007, the tribal 
     organizations listed in paragraphs (1) and (2) of subsection 
     (a) the difference between the Federal share of the costs of 
     the projects listed in such paragraphs and the amounts paid 
     to the respective tribal organizations for such projects 
     under this section in fiscal year 2006.''.

     SEC. 112. I-95/CONTEE ROAD INTERCHANGE DESIGN.

       Section 1961 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1518) is amended--
       (1) in the section heading by striking ``study'' and 
     inserting ``design'' ;
       (2) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) Design.--The Secretary shall make available the funds 
     authorized to be appropriated by this section for the design 
     of the I-95/Contee Road interchange in Prince George's 
     County, Maryland.'';
       (3) by redesignating subsection (d) as subsection (b); and
       (4) in subsection (b)(1) (as so redesignated) by striking 
     ``2006'' and inserting ``2007''.

     SEC. 113. HIGHWAY RESEARCH FUNDING.

       (a) F-SHRP Funding.--Notwithstanding any other provision of 
     law, for each of fiscal years 2007 through 2009, at any time 
     at which an apportionment is made of the sums authorized to 
     be appropriated for the surface transportation program, the 
     congestion mitigation and air quality improvement program, 
     the National Highway System, the Interstate maintenance 
     program, the bridge program, or the highway safety 
     improvement program, the Secretary of Transportation shall--
       (1) deduct from each apportionment an amount not to exceed 
     0.205 percent of the apportionment; and
       (2) transfer or otherwise make that amount available to 
     carry out section 510 of title 23, United States Code.
       (b) Conforming Amendments.--
       (1) Funding.--Section 5101 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1779) is amended--
       (A) in subsection (a)(1) by striking ``509, and 510'' and 
     inserting ``and 509'';
       (B) in subsection (a)(4) by striking ``$69,700,000'' and 
     all that follows through ``2009'' and inserting ``$40,400,000 
     for fiscal year 2005, $69,700,000 for fiscal year 2006, 
     $76,400,000 for each of fiscal years 2007 and 2008, and 
     $78,900,000 for fiscal year 2009''; and
       (C) in subsection (b) by inserting after ``50 percent'' the 
     following ``or, in the case of funds appropriated by 
     subsection (a) to carry out section 5201, 5202, or 5203 of 
     this Act, 80 percent''.
       (2) Future strategic highway research program.--Section 
     5210 of such Act (119 Stat. 1804) is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsection (d) as subsection (c).
       (c) Contract Authority.--Funds made available under this 
     section shall be available for obligation in the same manner 
     as if the funds were apportioned under chapter 1 of title 23, 
     United States Code, except that the Federal share shall be 
     determined under section 510(f) of that title.
       (d) Applicability of Obligation Limitation.--Funds made 
     available under this section shall be subject to any 
     limitation on obligations for Federal-aid highways and 
     highway safety construction programs under section 1102 the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (23 U.S.C. 104 note; 119 Stat. 1157) 
     or any other Act.
       (e) Equity Bonus Formula.--Notwithstanding any other 
     provision of law, in allocating funds for the equity bonus 
     program under section 105 of title 23, United States Code, 
     for each of fiscal years 2007 through 2009, the Secretary of 
     Transportation shall make the required calculations under 
     that section as if this section had not been enacted.
       (f) Funding for Research Activities.--Of the amount made 
     available by section 5101(a)(1) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1779)--
       (1) at least $1,000,000 shall be made available for each of 
     fiscal years 2007 through 2009 to carry out section 502(h) of 
     title 23, United States Code; and
       (2) at least $4,900,000 shall be made available for each of 
     fiscal years 2007 through 2009 to carry out section 502(i) of 
     that title.
       (g) Technical Amendments.--
       (1) Surface transportation research.--Section 502 of title 
     23, United States Code, is amended by striking the first 
     subsection (h), relating to infrastructure investment needs 
     reports beginning with the report for January 31, 1999.
       (2) Advanced travel forecasting procedures program.--
     Section 5512(a)(2) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1829) is amended by striking ``Program appreciation.--
     '' and inserting ``Program application.--''.
       (3) University transportation research.--Section 5506 of 
     title 49, United States Code, is amended--
       (A) in subsection (i)--
       (i) by striking ``In order to'' and inserting the 
     following:
       ``(1) In general.--In order to''; and
       (ii) by adding at the end the following:
       ``(2) Special rule.--Nothing in paragraph (1) requires a 
     nonprofit institution of higher learning designated as a Tier 
     II university transportation center to maintain total 
     expenditures as described in paragraph (1) in excess of the 
     amount of the grant awarded to the institution.''; and
       (B) in subsection (k)(3) by striking ``The Secretary'' and 
     all that follows through ``to carry out this section'' and 
     inserting ``For each of fiscal years 2007 through 2009, the 
     Secretary shall expend not more than 1.5 percent of amounts 
     made available to carry out this section''.

     SEC. 114. RESCISSION.

       Section 10212 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (as amended by 
     section 1302 of the Pension Protection Act of 2006 (Public 
     Law 109-280)) (119 Stat. 1937; 120 Stat. 780) is amended by 
     striking ``$8,593,000,000'' each place it appears and 
     inserting ``$8,710,000,000''.

     SEC. 115. TEA-21 TECHNICAL CORRECTIONS.

       (a) Surface Transportation Program.--Section 1108(f)(1) of 
     the Transportation Equity Act for the 21st Century (23 U.S.C. 
     133 note; 112 Stat. 141) is amended by striking ``2003'' and 
     inserting ``2009''.
       (b) Project Authorizations.--The table contained in section 
     1602 of the Transportation Equity Act for the 21st Century 
     (112 Stat. 257) is amended in item number 1096 (as amended by 
     section 1703(a)(11) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1454)) by inserting ``, and planning and construction 
     to Heisley Road,'' before ``in Mentor, Ohio''.

     SEC. 116. DEFINITION OF REPEAT INTOXICATED DRIVER LAW.

       Section 164(a)(5) of title 23, United States Code, is 
     amended by striking subparagraphs (A) and (B) and inserting 
     the following:
       ``(A) receive--
       ``(i) a driver's license suspension for not less than 1 
     year; or
       ``(ii) a combination of suspension of all driving 
     privileges for the first 45 days of the suspension period 
     followed by a reinstatement of limited driving privileges for 
     the purpose of getting to and from work, school, or an 
     alcohol treatment program if an ignition interlock device is 
     installed on each of the motor vehicles owned or operated, or 
     both, by the individual;
       ``(B) be subject to the impoundment or immobilization of, 
     or the installation of an ignition interlock system on, each 
     motor vehicle owned or operated, or both, by the 
     individual;''.

     SEC. 117. RESEARCH TECHNICAL CORRECTION.

       Section 5506(e)(5)(C) of title 49, United States Code, is 
     amended by striking ``$2,225,000''and inserting 
     ``$2,250,000''.

     SEC. 118. BUY AMERICA.

       Section 313 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(g) Waivers.--
       ``(1) Written justifications.--If the Secretary determines 
     that it is necessary to waive the application of subsection 
     (a) in accordance with subsection (b), the Secretary shall, 
     before the waiver becomes effective--
       ``(A) publish in the Federal Register a detailed written 
     justification as to why the waiver is needed; and
       ``(B) provide the public with a reasonable period of time 
     for notice and comment.
       ``(2) Annual report.--Not later than one year after the 
     date of enactment of this subsection, and annually 
     thereafter, the Secretary shall submit to the Committee and 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on the Environment and 
     Public Works of the Senate a report on any waivers granted 
     under subsection (b).''.

     SEC. 119. EFFICIENT USE OF EXISTING HIGHWAY CAPACITY.

       (a) Study.--The Secretary of Transportation shall conduct a 
     study on the impacts of converting left and right highway 
     safety shoulders to travel lanes.
       (b) Contents.--In conducting the study, the Secretary 
     shall----
       (1) analyze instances in which safety shoulders are used 
     for general purpose vehicle traffic, high occupancy vehicles, 
     and public transportation vehicles;
       (2) analyze instances in which safety shoulders are not 
     part of the roadway design;
       (3) evaluate whether or not conversion of safety shoulders 
     or the lack of a safety shoulder in the original roadway 
     design has a significant impact on the number of accidents or 
     has any other impact on highway safety; and
       (4) compile relevant statistics.

[[Page 7659]]

       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study.

     SEC. 120. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this Act 
     (including subsection (b)), this Act and the amendments made 
     by this Act take effect on the date of enactment of this Act.
       (b) Exception.--
       (1) In general.--The amendments made by this Act (other 
     than the amendments made by sections 103, 105, 110, and 
     201(o)) to the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (Public Law 
     109-59; 119 Stat. 1144) shall--
       (A) take effect as of the date of enactment of that Act; 
     and
       (B) be treated as being included in that Act as of that 
     date.
       (2) Effect of amendments.--Each provision of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Public Law 109-59; 119 Stat. 1144) 
     (including the amendments made by that Act) (as in effect on 
     the day before the date of enactment of this Act) that is 
     amended by this Act (other than sections 103, 105, 110, and 
     201(o)) shall be treated as not being enacted.

                      TITLE II--TRANSIT PROVISIONS

     SEC. 201. TRANSIT TECHNICAL CORRECTIONS.

       (a) Section 5302.--Section 5302(a)(10) of title 49, United 
     States Code, is amended by striking ``charter,'' and 
     inserting ``charter, sightseeing,''.
       (b) Section 5303.--
       (1) Section 5303(j)(3)(D) of such title is amended--
       (A) by inserting ``or the identified phase'' before 
     ``within the time''; and
       (B) by inserting ``or the identified phase'' before the 
     period at the end.
       (2) Section 5303(k)(2) of such title is amended by striking 
     ``a metropolitan planning area serving''.
       (c) Section 5307.--Section 5307(b) of such title is 
     amended--
       (1) in paragraph (2)(A) by striking ``mass transportation'' 
     and inserting ``public transportation''; and
       (2) in paragraph (3) by striking ``section 5305(a)'' and 
     inserting ``section 5303(k)''.
       (d) Section 5309.--Section 5309(m) of such title is 
     amended--
       (1) in the heading for paragraph (2)(A) by striking ``Major 
     capital'' and inserting ``Capital''; and
       (2) in paragraph (7)(B) by striking ``section 3039'' and 
     inserting ``section 3045''.
       (e) Section 5311.--Section 5311 of such title is amended--
       (1) in subsection (g)(1)(A) by striking ``for any purpose 
     other than operating assistance'' and inserting ``for a 
     capital project or project administrative expenses'';
       (2) in subsections (g)(1)(A) and (g)(1)(B) by striking 
     ``capital'' after ``net''; and
       (3) in subsection (i)(1) by striking ``Sections 
     5323(a)(1)(D) and 5333(b) of this title apply'' and inserting 
     ``Section 5333(b) applies''.
       (f) Section 5312.--The heading for section 5312(c) of such 
     title is amended by striking ``Mass Transportation'' and 
     inserting ``Public Transportation''.
       (g) Section 5314.--Section 5314(a)(3) is amended by 
     striking ``section 5323(a)(1)(D)'' and inserting ``section 
     5333(b)''.
       (h) Section 5319.--Section 5319 of such title is amended by 
     striking ``section 5307(k)'' and inserting ``section 
     5307(d)(1)(K)''.
       (i) Section 5320.--Section 5320 of such title is amended--
       (1) in subsection (a)(1)(A) by striking ``intra--agency'' 
     and inserting ``intraagency'';
       (2) in subsection (b)(5)(A) by striking ``5302(a)(1)(A)'' 
     and inserting ``5302(a)(1)'' ;
       (3) in subsection (d)(1) by inserting ``to administer this 
     section and'' after ``5338(b)(2)(J)''; and
       (4) by adding at the end of subsection (d) the following:
       ``(4) Transfers to land management agencies.--The Secretary 
     may transfer amounts available under paragraph (1) to the 
     appropriate Federal land management agency to pay necessary 
     costs of the agency for such activities described in 
     paragraph (1) in connection with activities being carried out 
     under this section.''.
       (j) Section 5323.--Section 5323(n) of such title is amended 
     by striking ``section 5336(e)(2)'' and inserting ``section 
     5336(d)(2)''.
       (k) Section 5325.--Section 5325(b) of such title is 
     amended--
       (1) in paragraph (1) by inserting before the period at the 
     end ``adopted before August 10, 2005'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (l) Section 5336.--
       (1) Apportionments of formula grants.--Section 5336 of such 
     title is amended--
       (A) in subsection (a) by striking ``Of the amount'' and all 
     that follows before paragraph (1) and inserting ``Of the 
     amount apportioned under subsection (i)(2) to carry out 
     section 5307--'';
       (B) in subsection (d)(1) by striking ``subsections (a) and 
     (h)(2) of section 5338'' and inserting ``subsections 
     (a)(1)(C)(vi) and (b)(2)(B) of section 5338''; and
       (C) by redesignating subsection (c), as added by section 
     3034(c) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1628), as subsection (k).
       (2) Technical amendments.--Section 3034(d)(2) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1629), is amended by striking 
     ``paragraph (2)'' and inserting ``subsection (a)(2)''.
       (m) Section 5337.--Section 5337(a) of title 49, United 
     States Code, is amended by striking ``for each of fiscal 
     years 1998 through 2003'' and inserting ``for each of fiscal 
     years 2005 through 2009''.
       (n) Section 5338.--Section 5338(d)(1)(B) of such title is 
     amended by striking ``section 5315(a)(16)'' and inserting 
     ``section 5315(b)(2)(P)''.
       (o) SAFETEA-LU.--
       (1) Section 3037.--Section 3037(c)(3) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1636) is amended by striking 
     ``Phase II''.
       (2) Section 3040.--Section 3040(4) of such Act (119 Stat. 
     1639) is amended by striking ``$7,871,895,000'' and inserting 
     ``$7,872,893,000''.
       (3) Section 3043.--
       (A) Portland, oregon.--Section 3043(b)(27) of such Act (119 
     Stat. 1642) is amended by inserting ``/Milwaukie'' after 
     ``Mall''.
       (B) San diego.--Section 3043(c)(105) of such Act (119 Stat. 
     1645) is amended by striking ``LOSSAN Del Mar-San Diego--Rail 
     Corridor Improvements'' and inserting ``LOSSAN Rail Corridor 
     Improvements''.
       (C) San diego.--Section 3043(c)(217) of such Act (119 Stat. 
     1648) is amended by striking ``San Diego'' and inserting 
     ``San Diego Transit''.
       (D) Livermore.--Section 3043(c) of such Act (119 Stat. 
     1645) is amended by inserting after paragraph (102) the 
     following:
       ``(102A) Livermore, California--Livermore Amador Valley 
     Transit Authority BRT.''.
       (E) Sacramento.--Section 3043(c)(204) of such Act (119 
     Stat. 647) is amended by striking ``Downtown''.
       (4) Section 3044.--
       (A) Projects.--The table contained in section 3044(a) of 
     such Act (119 Stat. 1652) is amended--
       (i) in item 25--

       (I) by striking ``$217,360'' and inserting ``$167,360''; 
     and
       (II) by striking ``$225,720'' and inserting ``$175,720'';

       (ii) in item number 36 by striking the project description 
     and inserting ``Los Angeles County Metropolitan 
     Transportation Authority (LACMTA) for bus and bus-related 
     facilities in the LACMTA's service area'';
       (iii) in item number 71 by inserting ``Metropolitan Bus 
     Authority'' after ``Puerto Rico'';
       (iv) in item number 84 by striking the project description 
     and inserting ``Improvements to the existing Sacramento 
     Intermodal Facility (Sacramento Valley Station)'';
       (v) in item number 94 by striking the project description 
     and inserting ``Pacific Transit, WA Vehicle Replacement'';
       (vi) in item number 120 by striking ``Dayton Airport 
     Intermodal Rail Feasibility Study'' and inserting ``Greater 
     Dayton Regional Transit Authority bus facilities'';
       (vii) in item number 152 by inserting ``Metropolitan Bus 
     Authority'' after ``Puerto Rico'';
       (viii) in item number 416 by striking ``Improve marine 
     intermodal'' and inserting ``Improve marine dry-dock and'';
       (ix) by adding at the end--

       (I) in the project description column ``666. New York City, 
     NY, rehabilitation of subway stations to include passenger 
     access improvements including escalators or installation of 
     infrastructure for security and surveillance purposes''; and
       (II) in each of the FY08 and FY09 columns by inserting 
     ``$50,000'';

       (x) in item number 457--

       (I) by striking ``$65,000'' and inserting ``$0''; and
       (II) by striking ``$67,500'' and inserting ``$0''; and

       (xi) in item number 458--

       (I) by striking ``$65,000'' and inserting ``$130,000'';
       (II) by striking ``$67,500'' and inserting ``$135,000''; 
     and

       (xii) in item number 57 by striking the project description 
     and inserting ``Wilmington, NC, maintenance, operations and 
     administration, transfer facilities''.
       (B) Special rule.--Section 3044(c) of such Act (119 Stat. 
     1705) is amended--
       (i) by inserting ``, or other entity,'' after ``State or 
     local governmental authority''; and
       (ii) by striking ``projects numbered 258 and 347'' and 
     inserting ``projects numbered 258, 347, and 411''.
       (5) Section 3046.--Section 3046(a)(7) of such Act (119 
     Stat. 1708) is amended--
       (A) by striking ``hydrogen fuel cell vehicles'' and 
     inserting ``hydrogen fueled vehicles'';
       (B) by striking ``hydrogen fuel cell employee shuttle 
     vans'' and inserting ``hydrogen fueled employee shuttle 
     vans''; and
       (C) by striking ``in Allentown, Pennsylvania'' and 
     inserting ``to the DaVinci Center in Allentown, 
     Pennsylvania''.

[[Page 7660]]

       (6) San gabriel valley--gold line foothill extension phase 
     ii.--In evaluating the local share of the San Gabriel Valley-
     -Gold Line Foothill Extension Phase II project authorized by 
     section 3043(b)(33) of such Act (119 Stat. 1642) in the new 
     starts rating process, the Secretary of Transportation shall 
     give consideration to project elements of the San Gabriel 
     Valley--Gold Line Foothill Extension Phase I project advanced 
     with 100 percent non-Federal funds.

                      TITLE III--OTHER PROVISIONS

     SEC. 301. TECHNICAL AMENDMENTS RELATING TO MOTOR CARRIER 
                   SAFETY.

       (a) Conforming Amendment Relating to High-Priority 
     Activities.--Section 31104(f) of title 49, United States 
     Code, is amended by striking the designation and heading for 
     paragraph (1) and by striking paragraph (2).
       (b) New Entrant Audits.--
       (1) Corrections of references.--Section 4107(b) of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1720) is amended--
       (A) by striking ``Section 31104'' and inserting ``Section 
     31144''; and
       (B) in paragraph (1) by inserting ``(c)'' after ``the 
     second subsection''.
       (2) Conforming amendment.--Section 7112 of such Act (119 
     Stat. 1899) is amended by striking subsection (c).
       (c) Prohibited Transportation.--Section 4114(c)(1) of the 
     such Act (119 Stat. 1726) is amended by striking ``the second 
     subsection (c)'' and inserting ``(f)''.
       (d) Effective Date Relating to Medical Examiners.--Section 
     4116(f) of such Act (119 Stat. 1728) is amended by striking 
     ``amendment made by subsection (a)'' and inserting 
     ``amendments made by subsections (a) and (b)''.
       (e) Roadability Technical Correction.--Section 
     31151(a)(3)(E)(ii) of title 49, United States Code, is 
     amended by striking ``Act'' and inserting ``section''.
       (f) Correction of Subsection Reference.--Section 4121 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (119 Stat. 1734) is amended by 
     striking ``31139(f)(5)'' and inserting ``31139(g)(5)''.
       (g) CDL Learner's Permit Program Technical Correction.--
     Section 4122(2)(A) of such Act (119 Stat. 1734) is amended by 
     striking ``license'' and inserting ``licenses''.
       (h) CDL Information System Funding Reference.--Section 
     31309(f) of title 49, United States Code, is amended by 
     striking ``31318'' and inserting ``31313''.
       (i) Clarification of Reference.--Section 229(a)(1) of the 
     Federal Motor Carrier Safety Improvement Act of 1999 (49 
     U.S.C. 31136 note; 119 Stat. 1743) is amended by inserting 
     ``of title 49, United States Code,'' after ``31502''.
       (j) Registration of Brokers.--Section 4142(c)(2) of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1747) is amended by 
     inserting ``each place it appears'' before the semicolon.
       (k) Redesignation of Section.--The second section 39 of 
     chapter 2 of title 18, United States Code, relating to 
     commercial motor vehicles required to stop for inspections, 
     and the item relating to such section in the analysis for 
     such chapter, are redesignated as section 40.
       (l) Office of Intermodalism.--Section 5503 of title 49, 
     United States Code, is amended--
       (1) in subsection (f)(2) by striking ``Surface 
     Transportation Safety Improvement Act of 2005'', and 
     inserting ``Motor Carrier Safety Reauthorization Act of 
     2005''; and
       (2) by redesignating the first subsection (h), relating to 
     authorization of appropriations, as subsection (i) and moving 
     it after the second subsection (h).
       (m) Use of Fees for Unified Carrier Registration System.--
     Section 13908 of title 49, United States Code, is amended by 
     redesignating subsection (e) as subsection (f) and by 
     inserting after subsection (d) the following:
       ``(e) Use of Fees for Unified Carrier Registration 
     System.--Fees collected under this section may be credited to 
     the Department of Transportation appropriations account for 
     purposes for which such fees are collected and shall be 
     available for expenditure for such purposes until 
     expended.''.
       (n) Commercial Motor Vehicle Definition.--Section 
     14504a(a)(1)(B) of title 49, United States Code, is amended 
     by striking ``a motor carrier required to make any filing or 
     pay any fee to a State with respect to the motor carrier's 
     authority or insurance related to operation within such 
     State, the motor carrier'' and inserting ``determining the 
     size of a motor carrier or motor private carrier's fleet in 
     calculating the fee to be paid by a motor carrier or motor 
     private carrier pursuant to subsection (f)(1), the motor 
     carrier or motor private carrier''.
       (o) Clarification of Unreasonable Burden.--Section 
     14504a(c)(2) of title 49, United States Code, is amended by 
     striking ``interstate'' the last place it appears and 
     inserting ``intrastate''.
       (p) Contents of Agreement Typo.--Section 
     14504a(f)(1)(A)(ii) of title 49, United States Code, is 
     amended by striking ``or'' the last place it appears.
       (q) Other Unified Carrier Registration System Technical 
     Corrections.--Section 14504a of title 49, United States Code, 
     is amended--
       (1) in subsection (c)(1)(B) by striking ``the a'' and 
     inserting ``a''; and
       (2) in subsection (f)(1)(A)(i) by striking ``in connection 
     with the filing of proof of financial responsibility''.
       (r) Termination of Registration Provisions.--Section 
     4305(a) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1764) is amended by striking ``12 months'' and inserting ``24 
     months''.
       (s) Identification of Vehicles.--Section 14506(b)(2) of 
     title 49, United States Code, is amended by inserting before 
     the semicolon at the end the following: ``or under an 
     applicable State law if, on October 1, 2006, the State has a 
     form of highway use taxation not subject to collection 
     through the International Fuel Tax Agreement''.
       (t) Driveaway Saddlemount Vehicle.--
       (1) Definition.--Section 31111(a)(4) of title 49, United 
     States Code, is amended--
       (A) in the paragraph heading by striking ``Drive-away 
     saddlemount with fullmount'' and inserting ``Driveaway 
     saddlemount'' ;
       (B) by striking ``drive-away saddlemount with fullmount'' 
     and inserting ``driveaway saddlemount'' ; and
       (C) by inserting ``Such combination may include one 
     fullmount.'' after the period at the end.
       (2) In general.--Section 31111(b)(1)(D) of such title is 
     amended by striking ``a driveaway saddlemount with 
     fullmount'' and inserting ``all driveaway saddlemount''.

     SEC. 302. TECHNICAL AMENDMENTS RELATING TO HAZARDOUS 
                   MATERIALS TRANSPORTATION.

       (a) Definition of Hazmat Employees.--Section 7102(2) of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1892) is amended--
       (1) by striking ``(3)(A)'' and inserting ``(3)'';
       (2) in subparagraph (A) by striking ``clause (i)'' and 
     inserting ``clause (i) of subparagraph (A)''; and
       (3) in subparagraph (B) by striking ``clause (ii)'' and 
     inserting ``subparagraph (A)(ii)''.
       (b) Technical Correction.--Section 5103a(g)(1)(B)(ii) of 
     title 49, United States Code, is amended by striking ``Act'' 
     and inserting ``subsection''.
       (c) Relationship to Other Laws.--Section 7124(3) of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1908) is amended by 
     inserting ``the first place it appears'' before ``and 
     inserting''.
       (d) Report.--Section 5121(h) of title 49, United States 
     Code, is amended--
       (1) in paragraph (2) by striking ``exemptions'' and 
     inserting ``special permits''; and
       (2) in paragraph (3) by striking ``exemption'' and 
     inserting ``special permit''.
       (e) Section Heading.--Section 5128 of title 49, United 
     States Code, is amended by striking the section designation 
     and heading and inserting the following:

     ``Sec. 5128. Authorization of appropriations''.

       (f) Chapter Analysis.--The analysis for chapter 57 of title 
     49, United States Code, is amended in the item relating to 
     section 5701 by striking ``Transportation'' and inserting 
     ``transportation''.
       (g) Norman Y. Mineta Research and Special Programs 
     Improvement Act.--Section 5(b) of the Norman Y. Mineta 
     Research and Special Programs Improvement Act (49 U.S.C. 108 
     note; 118 Stat. 2427) is amended by inserting ``(including 
     delegations by the Secretary of Transportation)'' after ``All 
     orders''.
       (h) Shipping Papers.--Section 5110(d)(1) of title 49, 
     United States Code, is amended--
       (1) in the subsection heading by striking ``Shippers'' and 
     inserting ``Offerors''; and
       (2) by striking ``shipper's'' and inserting ``offeror's''.
       (i) NTSB Recommendations.--Section 19(1) of the Pipeline 
     Inspection, Protection, Enforcement, and Safety Act of 2006 
     (49 U.S.C. 60102 note; 120 Stat. 3498) is amended by striking 
     ``165'' and inserting ``1165''.

     SEC. 303. HIGHWAY SAFETY.

       (a) State Minimum Apportionments for Highway Safety 
     Programs.--Effective October 1, 2007, section 402(c) of the 
     title 23, United States Code, is amended by striking ``The 
     annual apportionment to each State shall not be less than 
     one-half of 1 per centum'' and inserting ``The annual 
     apportionment to each State shall not be less than three-
     quarters of 1 percent''.
       (b) Technical Corrections.--
       (1) Section 2002(b) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1521) is amended--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3) and (4) as (2) and (3), 
     respectively.
       (2) Section 2007(b)(1) of such Act (119 Stat. 1529) is 
     amended--
       (A) by inserting ``and'' after the semicolon at the end of 
     subparagraph (A);
       (B) by striking ``and'' at the end of subparagraph (B); and
       (C) by striking subparagraph (C).
       (3) Effective August 10, 2005, section 410(c)(7)(B) of 
     title 23, United States Code, is amended by striking ``clause 
     (i)'' and inserting ``clauses (i) and (ii)''.

[[Page 7661]]

       (4) Section 411 of title 23, United States Code, is amended 
     by redesignating the second subsection (c), relating to 
     administration expenses, and subsection (d) as subsections 
     (d) and (e), respectively.

     SEC. 304. REPEAL OF NATIONAL SURFACE TRANSPORTATION 
                   COMMISSION.

       Section 11142 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1961), and the item relating to such section in the table of 
     contents contained in section 1(b) of such Act, are repealed.

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


                             General Leave

  Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include extraneous material on H.R. 1195.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this legislation is truly a compendium of technical 
corrections. When you look at a bill the magnitude of SAFETEA-LU and 
its extraordinary importance in our economy, and I believe the 
signature accomplishment of the last Congress, there are bound to be 
some drafting errors and other minor concerns in the legislation. We 
recognized those quite early on and had hoped to pass this bill, this 
technical corrections bill, during the last Congress; but it was never 
considered by the Senate, as are so many things that we do around here. 
Hopefully, this time we will get this needed work done.
  There are some essential things to be accomplished in this 
legislation. There is an oversight in the bill that results in the 
Surface Transportation Research Development and Deployment account 
being oversubscribed. People say, who cares.
  Well, actually it means that critical programs for the Federal 
Highway Administration Legacy Research and research programs will not 
be funded, and that creates a major problem. For instance, this would 
mean that we would not get the biennial ``Conditions and Performance 
Report.'' If we are going to maintain and improve our Nation's 
transportation infrastructure, we need to understand its status, its 
condition, and its need for future investment as we move toward yet 
another transportation bill in the coming Congress.
  It provides appraisals of highways, bridges, and transit finance, 
their expenditures in those accounts, and compares it to the needs we 
have, operational performance and future investment requirements.
  It also would free up additional funding for the National Surface 
Transportation Policy and Revenue Study Commission, something that was 
created as part of SAFETEA-LU and has yet to get its work accomplished. 
We have charged them with both looking at and assessing the future 
needs, building on the requirements I just mentioned, the annual 
reports of the Department of Transportation, but even going beyond that 
to determine our infrastructure needs both to maintain the current 
infrastructure, to enhance it, and to mitigate congestion and to move 
toward a less congested and more fuel-efficient transportation future.
  They have also been charged with looking at how we pay for these 
vital investments and assessing the current revenue source, the gas 
tax, and some assorted excise taxes with future needs. This is again 
critical work to be done by that commission.
  This will better fund their work and give them some of the staff 
assistance they need, give them the capability of obtaining the data 
that they need, and extend the deadline for the report to Congress, 
which will be a crucial building block in the next transportation bill, 
by 6 months. We have now set a deadline of December 31, 2007.
  The bill also clarifies something regarding a sense of Congress 
regarding the buy America requirement. We feel that the Federal Highway 
Administration is not implementing the Buy America Act consistent with 
our, Congress's, statutory intent. They are beginning to break projects 
down into segments in a way that was not anticipated so that they can 
basically go around some of the buy America requirements. We want to 
reinforce here that the separate component test is not what we 
intended, and the amendment included in this bill is intended to 
clarify congressional intent and provide guidance to the Federal 
Highway Administration in the implementation of that section of the 
bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOOZMAN. Mr. Speaker, I would like to thank the chairman for 
leading the charge on this important technical corrections bill. I want 
to voice my support for H.R. 1195, and I encourage my colleagues to do 
the same.
  In the time that has passed since SAFETEA-LU was signed into law, we 
have heard from the Department of Transportation and several States 
regarding fixes to different programs and high-priority projects. H.R. 
1195 addresses most of the areas that need correction.
  It is important to note that this bill does not make substantial 
policy changes to SAFETEA-LU. Rather, this bill corrects provisions 
that were not workable in SAFETEA-LU. After we pass this bill, SAFETEA-
LU will finally be able to accomplish what Congress voted to do 2 years 
ago.
  The bulk of this bill is section 105, which makes changes to over 200 
of the high-priority projects in section 1702 of SAFETEA-LU. These 
changes address surface transportation projects in the bill that were 
unable to be executed, clarifying recipients, and increasing certain 
project funding levels, and decreasing others to achieve budget 
neutrality.
  The bill also makes a critical correction in the Transportation 
Research Program authorized in SAFETEA-LU. Errors were made in the 
research section of SAFETEA-LU that weakened the legacy research 
programs carried out by the Department of Transportation. This bill 
addresses that problem.
  The bill also extends the reporting deadline for the National Surface 
Transportation Policy and Review Study Commission established in 
SAFETEA-LU. This important commission is tasked with recommending a new 
direction in funding and policy for our surface transportation 
programs, and we look forward to seeing their final report.
  Again, thank you, Mr. Chairman, for revitalizing this technical 
corrections bill. I hope all of my colleagues will join me in 
supporting the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I reserve the balance of my time.
  Mr. BOOZMAN. Mr. Speaker, I yield such time as he may desire to the 
gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Speaker, I would like to thank the gentleman 
from Oregon (Mr. DeFazio) for bringing this bill forth, and Mr. 
Oberstar, the chairman of the full committee. This was our bill. We 
worked on this jointly. Some people say, Why do you need a technical 
corrections bill?
  If you remember, every highway bill we have ever passed has gone 
through a series of technical correction adjustments because when we 
write a bill, sometimes it is misinterpreted by highway departments and 
municipalities. This is purely a technical corrections bill. It adds 
nothing; it takes nothing away.
  Again, we passed a good piece of legislation 2 years ago. It has been 
implemented, but it will be implemented in a better way with these 
corrections.
  I have talked with the gentleman from Oregon and all he has to say is 
``yes'' or ``no.'' Regarding Providence Hospital of Anchorage, we are 
looking for a solution to a problem. I agree that we shouldn't be 
paying for something that is already done, but I would like to have 
those moneys available to improve the transportation to the center hub 
of health care in the city of Anchorage. It is my understanding that 
the gentleman has agreed to work with me in conference to try to solve 
that problem.

[[Page 7662]]


  Mr. DeFAZIO. Mr. Speaker, will the gentleman yield?
  Mr. YOUNG of Alaska. I yield to the gentleman from Oregon.
  Mr. DeFAZIO. Absolutely. The gentleman from Alaska has had extensive 
conversation with the chairman of the committee. It is my understanding 
that he is fully committed to helping resolve this issue.
  There is a problem with retroactive reimbursement, but we are looking 
at other ways to deal with critical access to a vital health facility 
in Anchorage.
  Mr. YOUNG of Alaska. I thank the gentleman, and I look forward to 
working with the gentleman and the chairman of the full committee on 
the new highway bill.
  I believe that the adjustments in this bill for the commission are 
set up for finding ways to fund, and it is crucially important to make 
sure that they have enough time to do that job. We are right in the 
process of not only finishing up SAFETEA-LU, but now we are in the 
process of beginning to write another bill which has to address the 
issue of transportation in this country.
  As you know how strong I supported the funding and the methods of 
funding previously was not successful, I think this Congress has a 
responsibility to provide the transportation for the Nation as a whole 
that can do the job.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank the gentleman from Alaska (Mr. Young) for his 
leadership as chairman of the full committee as we went through that 
process in the last Congress, and also the fact that he is willing to 
get out front at the beginning to begin to try to address what is 
actually an investment deficit so far as it goes to transportation in 
the United States, something that can be easily recognized if one 
travels to other countries and sees how committed they are, 
particularly to competitors like China and the investments they are 
making which are absolutely on a massive scale to make their economy 
more efficient to move their people more efficiently.
  We need to not only maintain what we have and live on the benefits of 
our past investment; we need to ensure more robust future investments. 
I assure the gentleman I have begun a series of hearings that are on 
two tracks in the subcommittee I chair to look both at the future 
investment needs and also potential ways to raise the funds we need to 
make those investments.
  I look forward to working with the gentleman and others as we go 
through that process.
  I do want to assure Members since there is a new sensitivity around 
here about PAYGO that H.R. 1195 complies fully with House budget rules; 
and although it only addresses changes to previously authorized 
projects, not new projects, it also fully adheres to the new House 
Member earmark disclosure requirements.
  This is legislation that I recommend wholly to my colleagues, and 
they can vote for it in good conscience. It will help build our future 
and realize the full dream of SAFETEA-LU as we move through its full 
term.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOOZMAN. Mr. Speaker, in closing, I want to thank Mr. DeFazio, 
Mr. Duncan, Mr. Oberstar, and Mr. Mica, and certainly their staffs, for 
working so hard together to rectify the technical corrections that we 
are addressing in SAFETEA-LU. And I also want to thank our former 
chairman, the gentleman from Alaska (Mr. Young), for his hard work in 
providing the leadership that we had in the last Congress to get the 
SAFETEA-LU bill done.
  Mr. MICA. Mr. Speaker, H.R. 1195 makes technical corrections to the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users, or SAFETEA-LU.
  This is the third time we have worked to finalize these technical 
corrections to SAFETEA-LU. During the 109th Congress, the House passed 
H.R. 5689, a bill to make technical corrections to SAFETEA-LU in June 
2006.
  During the summer and fall of 2006, we worked with the Senate to 
create H.R. 6233, which is a very similar product to the bill we are 
considering today. Now, we are trying again.
  As my colleagues have just said, H.R. 1195 makes numerous technical 
corrections to Federal surface transportation programs authorized by 
SAFETEA-LU. The technical corrections included in this bill have been 
identified by the Department of Transportation and are mostly of a 
conforming nature, or to correct drafting errors. The most important 
correction we are making is to strengthen the Federal Highway research 
program by ensuring the continuation of the legacy research programs 
carried out by the Department of Transportation.
  The majority of this bill is section 105, which makes changes to over 
200 of the high priority projects in sec. 1702 of SAFETEA-LU. These 
changes address ``broken'' surface transportation projects, clarifying 
recipients and increasing certain project funding levels and decreasing 
others to achieve budget neutrality.
  There is one purely technical correction that is not included in this 
package. SAFETEA-LU inadvertently changed certain regulations for 
trucks with a gross vehicle weight of less than 10,000 pounds.
  One of the implications of this error is that operators of these 
trucks no longer have to register or file insurance with DOT. 
Consequently, DOT can not regulate them for safety purposes.
  When Congress passed SAFETEA-LU, this change was not a policy change 
Congress knew about or intended to make. If Congress wanted to make 
this change, we would have debated and discussed it. Rather, this was 
something we were not aware of and has had very serious unintended 
consequences--especially for small businesses.
  I hope the Chairman, along with our colleagues in the Senate, will 
work with me to correct this technical problem.
  Despite the omission of this important correction, I still support 
this legislation and I encourage my colleagues to do the same.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 1195, a 
bill to make technical corrections to the surface transportation act, 
SAFETEA-LU.
  H.R. 1195 makes technical corrections to the surface transportation 
act, Safe, Accountable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users (SAFETEA-LU), enacted in 2005. This is a non-
controversial, bipartisan bill that is intended to correct drafting 
errors, make technical fixes, and clarify Congressional intent on 
several provisions of the SAFETEA-LU.
  This legislation is very similar to the two bills that passed the 
House last year, but were never considered by the Senate.
  Although H.R. 1195, as amended, only addresses changes to previously 
authorized projects, the Committee on Transportation and 
Infrastructure, per my direction, has required Members of Congress to 
submit earmark disclosure certifications pursuant to Rule XXI of the 
Rules of the House of Representatives. In addition, the bill, as 
amended, complies with pay-as-you-go budget rules.
  SAFETEA-LU has been very successful and effective. Building on 
previous surface transportation acts, SAFETEA-LU provides the 
programmatic framework and investments necessary to begin addressing 
the nation's growing surface transportation needs. However, as with 
legislation of this magnitude, there were inadvertent drafting errors. 
The changes in this bill are required to ensure that all policies, 
programs, and projects embodied in the authorization act are 
implemented as intended by Congress.
  In particular, this bill makes critical fixes to the transportation 
research program authorized in SAFETEA-LU. Errors were made in the 
research program funding calculations that resulted in lower than 
intended funding levels in several research programs. These technical 
fixes will recapture critical research funds for many essential 
programs, including:
  The Future Strategic Highway Research Program, a concentrated, 
results-oriented research program focused on solving the top problems 
of highway safety, reliability, capacity, and renewal; and
  The University Transportation Center Program which advances U.S. 
technology and expertise in the many disciplines comprising 
transportation through the mechanisms of education, research, and 
technology.
  The bill also clarifies section 1928 of SAFETEA-LU regarding the 
Sense of Congress concerning Buy America requirements for Federal-aid 
highway bridge projects. Congress does not believe that the Federal 
Highway Administration (``FHWA'') is implementing the Buy America Act 
consistent with the statutory intent. Specifically, the ``additional 
cost test'' should be conducted on the basis of an entire bridge 
project, not on separate components of the bridge project. Regrettably, 
FHWA has applied the test to separate components of a bridge project if 
the project is broken into several components for contracting purposes. 
The original Sense of Congress, as well as the amendment included in

[[Page 7663]]

this bill, is intended to clarify Congressional intent and to provide 
guidance to the FHWA in its implementation.
  Finally, H.R. 1195 modifies the Repeat Intoxicated Driver Law to 
allow for the use of ignition interlock devices. This change gives 
States more flexibility to either continue with the current one-year 
license suspension requirement for repeat offenders, or permit a 45-day 
license suspension, after which limited driving privileges are 
reinstated provided an ignition interlock device is placed on the 
offender's vehicle.
  Repeat offenders are a significant part of the United States drunk 
driving problem, representing about one-third of all Driving Under the 
Influence (DUI) arrests each year. It is estimated that between 50 and 
75 percent of repeat offenders whose licenses have been suspended 
continue to drive illegally. An ignition interlock device prevents 
offenders who have alcohol in their system from operating their 
vehicle, but allows them to continue to drive to work, school, or an 
alcohol treatment program.
   Mr. Speaker, I urge my colleagues to join me in supporting H.R. 
1195.
  Mr. Speaker, I submit the following exchange of letters between Mr. 
Gordon and myself regarding this bill.

         House of Representatives, Committee on Science and 
           Technology,
                                   Washington, DC, March 26, 2007.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning the 
     jurisdictional interest of the Committee on Science and 
     Technology in matters being considered in H.R. 1195, to amend 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users to make technical corrections, 
     and for other purposes. The bill amends research portions of 
     H.R. 3, Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (P.L. 109-59), which are 
     within the Committee on Science and Technology's 
     jurisdiction.
       The Committee on Science and Technology acknowledges the 
     importance of H.R. 1195 and the need for the legislation to 
     move expeditiously. Therefore, while we have a valid claim to 
     jurisdiction over the bill, I agree not to request a 
     sequential referral. This, of course, is conditional on our 
     mutual understanding that nothing in this legislation or my 
     decision to forgo a sequential referral waives, reduces or 
     otherwise affects the jurisdiction of the Committee on 
     Science and Technology and that a copy of this letter and of 
     your response will be included in the Congressional Record 
     when the bill is considered on the House Floor.
       The Committee on Science and Technology also asks that you 
     support our request to be conferees on any provisions over 
     which we have jurisdiction during any House-Senate conference 
     on this legislation.
       Thank you for your attention to this matter.
           Sincerely,
                                                      Bart Gordon,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                   Washington, DC, March 26, 2007.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, Washington, 
         DC.
       Dear Chairman Gordon: Thank you for your March 26, 2007 
     letter regarding H.R. 1195, to amend the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users to make technical corrections, and for other purposes. 
     Your support for this legislation and your assistance in 
     ensuring its timely consideration are greatly appreciated.
       I agree that the research provisions in the bill are of 
     jurisdictional interest to the Committee on Science and 
     Technology. I acknowledge that by forgoing a sequential 
     referral, your Committee is not relinquishing its 
     jurisdiction and I will fully support your request to be 
     represented in a House Senate conference on those provisions 
     over which the Committee on Science and Technology has 
     jurisdiction in H.R. 1195.
       I value your cooperation and look forward to working with 
     you as we move ahead with this important clean air 
     legislation.
           Sincerely,
                                          James L. Oberstar, M.C.,
                                                         Chairman.

  Mr. DUNCAN. Mr. Speaker, I would like to thank the Chairman for 
revitalizing this important technical corrections bill and voice my 
support for H.R. 1195. I encourage my colleagues to do the same.
  There were many minor errors--in policy and in Members projects--in 
SAFETEA-LU that need technical correction.
  Most people may not remember, but the House and Senate actually 
passed a SAFETEA-LU technical corrections bill that was signed into law 
in October 2005. That bill was taken up with extreme urgency because it 
prevented the accidental shutdown of boat safety programs.
  In the time that has passed since the October 2005 SAFETEA-LU 
technical corrections bill was signed into law, we have heard from DOT 
and various states regarding fixes to different programs and high 
priority projects. I believe H.R. 1195 addresses most of the areas 
which need correction.
  It is important to note that this bill does not make substantial 
policy changes to SAFETEA-LU. Rather, this bill corrects provisions 
that were not ``workable'' in SAFETEA-LU. After we pass this bill, 
SAFETEA-LU will finally be able to accomplish what Congress voted to do 
2 years ago.
  H.R. 1195 addresses all of the true technical corrections except one. 
This bill does not include a correction to an error in the motor 
carrier title of SAFETEA-LU.
  In SAFETEA-LU, we attempted to harmonize the definition of 
``commercial motor vehicle'' with ``motor vehicle''. Unintentionally, 
this change removed trucks weighing 10,000 lbs or less from the truck 
exemption of the Fair Labor Standards Act and from DOT's safety 
oversight.
  I am very concerned with this change in policy that was never 
negotiated for or discussed during the bill's original conference.
  Now, small trucking business, who will have to change their business 
plan in order to comply with the law, are going to suffer the most. 
These are the small businesses who have high overhead and small 
profits, but are providing necessary services and products to urban 
areas and rural towns across the country.
  This change is going to create great hardships on the small companies 
who are already in the business and most likely will inhibit others 
from entering the business.
  It is disappointing this Congress has not addressed this problem, but 
I hope we can do so before final passage of this bill.
  Again, thank you, Mr. Chairman, for revitalizing this technical 
correction bill and I hope all my colleagues will join me in supporting 
this bill.
  Mr. BACA. Mr. Speaker, I rise today to voice my strong support for 
H.R. 1195. This bill will make essential technical corrections to the 
Safe, Accountable, Flexible, and Efficient Transportation Equity Act.
  I want to thank my friend, Rep. James Oberstar, and the Members of 
the Transportation and Infrastructure Committee for bringing this 
legislation to the floor.
  This legislation will provide support for vital projects to my home 
state of California, and in particular to the city of San Bernardino, 
located in my district. I commend the Chairman for his foresight in 
giving states the flexibility our districts need to carry out these 
important transportation projects.
  I am particularly pleased this bill includes a technical correction 
for High Priority Project # 2826. This change will allow transportation 
officials in the Inland Empire to double the number of grade 
separations constructed on the Alameda Corridor East.
  There is no doubt this project will go a long way to help reduce 
congestion and improve road safety for residents in my home district 
and all Californians traveling to and from the Inland Empire. I urge my 
colleagues to support our local communities and cast a vote in favor of 
H.R. 1195.
  Mr. WEINER. Mr. Speaker, I rise to commend my colleagues for their 
work on the SAFETEA-LU technical corrections bill. After extensive 
conversations with the local transportation authority in New York City, 
it has become apparent that several changes are necessary in order for 
very important transportation infrastructure improvements to be 
implemented in New York City. Included in this bill are a number of 
projects that will enhance transportation throughout New York City and 
in my district in particular.
  At my urging, the technical corrections bill includes: $1,100,000 for 
the New York City Department of Transportation to design and 
rehabilitate roads commonly known as step streets, which connect 
streets on steep grades, in Bronx County in coordination with my 
colleagues Mr. Engel, Mr. Crowley, and Mr. Serrano; $2,500,000 to 
design and construct school safety projects in New York City to be used 
as part of the recently launched Safe Routes to Schools project, 
spearheaded by the New York City Department of Transportation; 
$1,300,000 for the New York Metropolitan Transit Authority to install 
security cameras at the Steinway Street, Broadway, 30th Avenue, and 
Astoria Boulevard subway stations in Astoria, New York, at the 
suggestion and urging of New York Assemblyman Michael Gianaris; 
$100,000 to provide for an

[[Page 7664]]

independent study of the Newtown Creek oil spill in coordination with 
my colleague Ms. Velazquez; $500,000 for the New York City Department 
of Transportation to study and implement transportation improvements in 
the Breezy Point neighborhood of Queens County; $500,000 for the New 
York Metropolitan Transit Authority's interagency task force on fencing 
to fence exposed track along the Long Island Railroad.
  These high priority projects will make a considerable contribution to 
the lives of New York City residents.
  Chairman Oberstar, Mr. Mica, Chairman DeFazio, and Mr. Duncan deserve 
the thanks and appreciation of every Member of this House for their 
tireless efforts to improve America's transportation system.
  I also could not have secured these and other programs within TEA-LU 
without the help and counsel of individuals here in Washington, and New 
York City. I would like to thank Joshua Fay-Hurvitz of my staff. I 
would also like to thank both the Democratic and Republican staff of 
the Transportation Committee. In particular, I would like to thank 
Jackie Schmitz and Ward McCarragher of Mr. Oberstar's staff. I would 
also like to thank Commissioner Iris Weinshall, David Woloch, and Andra 
Horsch at the New York City Department of Transportation. Additionally, 
I'd like to thank Derrick Douglas with the State of New York, and Judy 
Chesser and Bill Daly with the City of New York. Finally I'd like to 
thank Lee Sander and Chris Boylan with the New York Metropolitan 
Transit Authority, Mike Weiss at the Federal Highway Administration, 
and Jessie Torres at the Department of Transportation.
  Mr. MITCHELL. Mr. Speaker, I rise to thank our Chairman, James 
Oberstar, for his dedication to our Nation's highways, and for his 
willingness to work with me on an issue of great importance to Arizona 
as H.R. 1195 continues its way through the legislative process.
  H.R. 1195 makes technical corrections to the law that funds our 
Nation's highways: the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (``SAFETEA-LU'').
  Unfortunately, when the law was drafted, Arizona was left out of a 
key provision. That provision concerns the Federal funding share that 
is made available for certain highway projects.
  Under existing law, the Federal Government is supposed to assume a 
larger share for Federal highway projects in states with large 
proportions of Federal lands.
  Currently, SAFETEA-LU identifies 6 such states with large amounts of 
public land.
  Unfortunately, Arizona . . . which ranks 3rd in the Nation in public 
lands . . . was left off that list.
  I believe this was a mistake, and should be corrected along with all 
the other mistakes that H.R. 1195 addresses.
  At the time SAFETEA-LU was initially drafted, no one from Arizona 
served on the House Committee on Transportation and Infrastructure, and 
thus, there was no one to bring this omission to the Committee's 
attention.
  I am now proud to serve on that committee.
  When we marked up H.R. 1195 earlier this month, I offered an 
amendment to add Arizona to the list of states with large amounts of 
public lands which are supposed to receive a higher Federal share.
  My amendment was budget-neutral. It would have cost nothing. It would 
not have reduced any other state's highway funding. Rather, it would 
have merely given our state . . . a state with more public lands than 
47 other states . . . the flexibility it needs to allocate its Federal 
funding between our various highway projects.
  At the Chairman's request, and in exchange for his commitment to work 
with me on this issue as H.R. 1195 goes to conference comittee, I 
withdrew my amendment. I know the Chairman understands how important 
this is to Arizona, and I am grateful for his assistance.
  I would also like to publicly thank Senator Jon Kyl, who has been a 
champion of this issue for years. He has fought hard for this in the 
Senate, and I know he will do the same again this year. I look forward 
to working with him as well, for the good of Arizona, when the bill 
reaches conference committee.
  Mr. BOOZMAN. Mr. Speaker, I yield back the balance of my time.
  Mr. DeFAZIO. 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 Oregon (Mr. DeFazio) that the House suspend the rules 
and pass the bill, H.R. 1195, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________




                                 RECESS

  The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the 
Chair declares the House in recess until approximately 6:30 p.m. today.
  Accordingly (at 6 o'clock and 15 minutes p.m.), the House stood in 
recess until approximately 6:30 p.m.

                          ____________________




                              {time}  1830
                              AFTER RECESS

  The recess having expired, the House was called to order by the 
Speaker pro tempore (Mr. Salazar) at 6 o'clock and 30 minutes p.m.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. 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:
  H.R. 802, by the yeas and nays;
  H.R. 137, by the yeas and nays;
  H.R. 580, by the yeas and nays.
  The vote on H. Res. 266 will be taken tomorrow.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.

                          ____________________




               MARITIME POLLUTION PREVENTION ACT OF 2007

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the bill, H.R. 802, as amended, on 
which the yeas and nays were ordered.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Cummings) that the House suspend the rules 
and pass the bill, H.R. 802, as amended.
  The vote was taken by electronic device, and there were--yeas 359, 
nays 48, not voting 26, as follows:

                             [Roll No. 187]

                               YEAS--359

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Buchanan
     Burgess
     Butterfield
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gonzalez
     Goodlatte
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack

[[Page 7665]]


     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Pearce
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Platts
     Pomeroy
     Porter
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--48

     Alexander
     Bachmann
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Blunt
     Boehner
     Bonner
     Brown-Waite, Ginny
     Burton (IN)
     Buyer
     Cantor
     Carter
     Cubin
     Davis (KY)
     Davis, David
     Deal (GA)
     Everett
     Foxx
     Franks (AZ)
     Gingrey
     Gohmert
     Goode
     Hastert
     King (IA)
     Kingston
     Kline (MN)
     Lewis (KY)
     Linder
     Mack
     McCrery
     McHenry
     Miller (FL)
     Miller (MI)
     Paul
     Pence
     Poe
     Price (GA)
     Rogers (AL)
     Sali
     Sensenbrenner
     Sessions
     Stearns
     Sullivan
     Tancredo
     Thornberry
     Westmoreland

                             NOT VOTING--26

     Brady (PA)
     Brown, Corrine
     Cardoza
     Carson
     Crowley
     Davis, Jo Ann
     Edwards
     Feeney
     Flake
     Gordon
     Hunter
     Kanjorski
     Lampson
     Marchant
     Millender-McDonald
     Neal (MA)
     Payne
     Peterson (PA)
     Price (NC)
     Shuster
     Smith (WA)
     Souder
     Udall (NM)
     Walsh (NY)
     Wamp
     Wexler

                              {time}  1854

  Mr. POE and Mr. ROGERS of Alabama changed their vote from ``yea'' to 
``nay.''
  Mr. CANNON changed his vote from ``nay'' to ``yea.''
  So (two-thirds being in the affirmative) the rules were suspended and 
the bill, as amended, was passed.
  The result of the vote was announced as above recorded.
  The title was amended so as to read: ``A bill to amend the Act to 
Prevent Pollution from Ships to implement MARPOL Annex VI.''.
  A motion to reconsider was laid on the table.

                          ____________________




          ANIMAL FIGHTING PROHIBITION ENFORCEMENT ACT OF 2007

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the bill, H.R. 137, as amended, on 
which the yeas and nays were ordered.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and pass the bill, H.R. 137, as amended.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 368, 
nays 39, not voting 26, as follows:

                             [Roll No. 188]

                               YEAS--368

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Bonner
     Bono
     Boozman
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Braley (IA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gingrey
     Gonzalez
     Goodlatte
     Granger
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Heller
     Herger
     Herseth
     Higgins
     Hill
     Hinchey
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lungren, Daniel E.
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Platts
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (FL)

                                NAYS--39

     Barton (TX)
     Blunt
     Boehner
     Boren
     Brady (TX)
     Cannon
     Cantor
     Cole (OK)
     Conaway
     Davis, David
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Foxx
     Garrett (NJ)
     Gohmert
     Graves
     Hayes
     Hensarling
     Hinojosa
     Johnson, Sam
     King (IA)
     Kingston
     Lamborn
     Lewis (KY)
     Lucas
     Mack
     Neugebauer
     Paul
     Poe
     Rogers (AL)
     Sali
     Sensenbrenner
     Smith (NE)
     Stearns
     Sullivan
     Thornberry
     Westmoreland
     Young (AK)

                             NOT VOTING--26

     Brady (PA)
     Brown, Corrine
     Cardoza
     Carson
     Crowley
     Davis, Jo Ann
     Feeney
     Flake
     Goode
     Gordon
     Hunter
     Kanjorski
     Lampson
     Marchant

[[Page 7666]]


     Millender-McDonald
     Neal (MA)
     Payne
     Peterson (PA)
     Price (NC)
     Shuster
     Smith (WA)
     Souder
     Udall (NM)
     Walsh (NY)
     Wamp
     Wexler


                Announcement by the Speaker Pro Tempore.

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

                              {time}  1903

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

                          ____________________




             INTERIM APPOINTMENT OF UNITED STATES ATTORNEYS

  The SPEAKER pro tempore. The unfinished business is the vote on the 
motion to suspend the rules and pass the bill, H.R. 580, as amended, on 
which the yeas and nays were ordered.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the bill, H.R. 580, as amended.
  This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 329, 
nays 78, not voting 26, as follows:

                             [Roll No. 189]

                               YEAS--329

     Abercrombie
     Ackerman
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Braley (IA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Butterfield
     Calvert
     Camp (MI)
     Capito
     Capps
     Capuano
     Carnahan
     Carney
     Castle
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Dreier
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gillmor
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Heller
     Hensarling
     Herseth
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jindal
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kirk
     Klein (FL)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neugebauer
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Pitts
     Platts
     Pomeroy
     Porter
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Rodriguez
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tierney
     Towns
     Udall (CO)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Whitfield
     Wilson (NM)
     Wilson (OH)
     Wolf
     Woolsey
     Wu
     Wynn
     Yarmuth
     Young (AK)

                                NAYS--78

     Aderholt
     Akin
     Bachmann
     Baker
     Barrett (SC)
     Barton (TX)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Brady (TX)
     Brown (SC)
     Burton (IN)
     Buyer
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Chabot
     Coble
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Doolittle
     Duncan
     English (PA)
     Everett
     Foxx
     Franks (AZ)
     Gingrey
     Granger
     Graves
     Hall (TX)
     Hastert
     Hayes
     Herger
     Johnson, Sam
     Jordan
     Kingston
     Kline (MN)
     Lamborn
     LaTourette
     Lewis (KY)
     Linder
     Manzullo
     McCarthy (CA)
     McCrery
     McHenry
     Mica
     Miller (FL)
     Musgrave
     Myrick
     Nunes
     Poe
     Price (GA)
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Roskam
     Ryan (WI)
     Sali
     Schmidt
     Sensenbrenner
     Sessions
     Smith (NE)
     Tiahrt
     Tiberi
     Turner
     Westmoreland
     Wicker
     Wilson (SC)
     Young (FL)

                             NOT VOTING--26

     Brady (PA)
     Brown, Corrine
     Cardoza
     Carson
     Crowley
     Davis, Jo Ann
     Feeney
     Flake
     Gordon
     Hunter
     Jefferson
     Kanjorski
     Lampson
     Marchant
     Millender-McDonald
     Neal (MA)
     Payne
     Peterson (PA)
     Price (NC)
     Shuster
     Smith (WA)
     Souder
     Udall (NM)
     Walsh (NY)
     Wamp
     Wexler


                Announcement by the Speaker Pro Tempore.

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

                              {time}  1911

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

                          ____________________




                 NATO FREEDOM CONSOLIDATION ACT OF 2007

  Mr. TANNER. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 494) to endorse further enlargement 
of the North Atlantic Treaty Organization (NATO) and to facilitate the 
timely admission of new members to NATO, and for other purposes, and 
ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore (Ms. Watson). Is there objection to the 
request of the gentleman from Tennessee?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                 S. 494

       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 ``NATO Freedom Consolidation 
     Act of 2007''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The sustained commitment of the North Atlantic Treaty 
     Organization (NATO) to mutual defense has made possible the 
     democratic transformation of Central and Eastern Europe. 
     Members of the North Atlantic Treaty Organization can and 
     should play a critical role in addressing the security 
     challenges of the post-Cold War era in creating the stable 
     environment needed for those emerging democracies in Europe.
       (2) Lasting stability and security in Europe requires the 
     military, economic, and political integration of emerging 
     democracies into existing European structures.
       (3) In an era of threats from terrorism and the 
     proliferation of weapons of mass destruction, the North 
     Atlantic Treaty Organization is increasingly contributing to 
     security in the face of global security challenges for the 
     protection and interests of its member states.

[[Page 7667]]

       (4) In the NATO Participation Act of 1994 (title II of 
     Public Law 103-447; 22 U.S.C. 1928 note), Congress declared 
     that ``full and active participants in the Partnership for 
     Peace in a position to further the principles of the North 
     Atlantic Treaty and to contribute to the security of the 
     North Atlantic area should be invited to become full NATO 
     members in accordance with Article 10 of such Treaty at an 
     early date. . .''.
       (5) In the NATO Enlargement Facilitation Act of 1996 (title 
     VI of section 101(c) of title I of division A of Public Law 
     104-208; 22 U.S.C. 1928 note), Congress called for the prompt 
     admission of Poland, Hungary, the Czech Republic, and 
     Slovenia to the North Atlantic Treaty Organization, and 
     declared that ``in order to promote economic stability and 
     security in Slovakia, Estonia, Latvia, Lithuania, Romania, 
     Bulgaria, Albania, Moldova, and Ukraine . . . the process of 
     enlarging NATO to include emerging democracies in Central and 
     Eastern Europe should not be limited to consideration of 
     admitting Poland, Hungary, the Czech Republic, and Slovenia 
     as full members of the NATO Alliance''.
       (6) In the European Security Act of 1998 (title XXVII of 
     division G of Public Law 105-277; 22 U.S.C. 1928 note), 
     Congress declared that ``Poland, Hungary, and the Czech 
     Republic should not be the last emerging democracies in 
     Central and Eastern Europe invited to join NATO'' and that 
     ``Romania, Estonia, Latvia, Lithuania, and Bulgaria . . . 
     would make an outstanding contribution to furthering the 
     goals of NATO and enhancing stability, freedom, and peace in 
     Europe should they become NATO members [and] upon complete 
     satisfaction of all relevant criteria should be invited to 
     become full NATO members at the earliest possible date''.
       (7) In the Gerald B. H. Solomon Freedom Consolidation Act 
     of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress 
     endorsed ``. . . the vision of further enlargement of the 
     NATO Alliance articulated by President George W. Bush on June 
     15, 2001, and by former President William J. Clinton on 
     October 22, 1996''.
       (8) At the Madrid Summit of the North Atlantic Treaty 
     Organization in July 1997, Poland, Hungary, and the Czech 
     Republic were invited to join the Alliance, and the North 
     Atlantic Treaty Organization heads of state and government 
     issued a declaration stating ``[t]he alliance expects to 
     extend further invitations in coming years to nations willing 
     and able to assume the responsibilities and obligations of 
     membership . . . [n]o European democratic country whose 
     admission would fulfill the objectives of the [North 
     Atlantic] Treaty will be excluded from consideration''.
       (9) At the Washington Summit of the North Atlantic Treaty 
     Organization in April 1999, the North Atlantic Treaty 
     Organization heads of state and government issued a 
     communique declaring ``[w]e pledge that NATO will continue to 
     welcome new members in a position to further the principles 
     of the [North Atlantic] Treaty and contribute to peace and 
     security in the Euro-Atlantic area . . . [t]he three new 
     members will not be the last . . . [n]o European democratic 
     country whose admission would fulfill the objectives of the 
     Treaty will be excluded from consideration, regardless of its 
     geographic location . . .''.
       (10) In May 2000 in Vilnius, Lithuania, the foreign 
     ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, 
     the Republic of Macedonia (FYROM), Romania, Slovakia, and 
     Slovenia issued a statement (later joined by Croatia) 
     declaring that--
       (A) their countries will cooperate in jointly seeking 
     membership in the North Atlantic Treaty Organization in the 
     next round of enlargement of the North Atlantic Treaty 
     Organization;
       (B) the realization of membership in the North Atlantic 
     Treaty Organization by one or more of these countries would 
     be a success for all; and
       (C) eventual membership in the North Atlantic Treaty 
     Organization for all of these countries would be a success 
     for Europe and for the North Atlantic Treaty Organization.
       (11) On June 15, 2001, in a speech in Warsaw, Poland, 
     President George W. Bush stated ``[a]ll of Europe's new 
     democracies, from the Baltic to the Black Sea and all that 
     lie between, should have the same chance for security and 
     freedom--and the same chance to join the institutions of 
     Europe--as Europe's old democracies have . . . I believe in 
     NATO membership for all of Europe's democracies that seek it 
     and are ready to share the responsibilities that NATO brings 
     . . . [a]s we plan to enlarge NATO, no nation should be used 
     as a pawn in the agenda of others . . . [w]e will not trade 
     away the fate of free European peoples . . . [n]o more 
     Munichs . . . [n]o more Yaltas . . . [a]s we plan the Prague 
     Summit, we should not calculate how little we can get away 
     with, but how much we can do to advance the cause of 
     freedom''.
       (12) On October 22, 1996, in a speech in Detroit, Michigan, 
     former President William J. Clinton stated ``NATO's doors 
     will not close behind its first new members . . . NATO should 
     remain open to all of Europe's emerging democracies who are 
     ready to shoulder the responsibilities of membership . . . 
     [n]o nation will be automatically excluded . . . [n]o country 
     outside NATO will have a veto . . . [a] gray zone of 
     insecurity must not reemerge in Europe''.
       (13) At the Prague Summit of the North Atlantic Treaty 
     Organization in November 2002, Bulgaria, Estonia, Latvia, 
     Lithuania, Romania, Slovakia, and Slovenia were invited to 
     join the Alliance in the second round of enlargement of the 
     North Atlantic Treaty Organization since the end of the Cold 
     War, and the North Atlantic Treaty Organization heads of 
     state and government issued a declaration stating ``NATO's 
     door will remain open to European democracies willing and 
     able to assume the responsibilities and obligations of 
     membership, in accordance with Article 10 of the Washington 
     Treaty''.
       (14) On May 8, 2003, the United States Senate unanimously 
     approved the Resolution of Ratification to Accompany Treaty 
     Document No. 108-4, Protocols to the North Atlantic Treaty of 
     1949 on Accession of Bulgaria, Estonia, Latvia, Lithuania, 
     Romania, Slovakia, and Slovenia, inviting Bulgaria, Estonia, 
     Latvia, Lithuania, Romania, Slovakia, and Slovenia to join 
     the North Atlantic Treaty Organization.
       (15) At the Istanbul Summit of the North Atlantic Treaty 
     Organization in June 2004, the North Atlantic Treaty 
     Organization heads of state and government issued a 
     communique reaffirming that NATO's door remains open to new 
     members, declaring ``[w]e celebrate the success of NATO's 
     Open Door Policy, and reaffirm tody that our seven new 
     members will not be the last. The door to membership remains 
     open. We welcome the progress made by Albania, Croatia, and 
     the former Yugoslav Republic of Macedonia (1) in implementing 
     their Annual National Programmes under the Membership Action 
     Plan, and encourage them to continue pursuing the reforms 
     necessary to progress toward NATO membership. We also commend 
     their contribution to regional stability and cooperation. We 
     want all three countries to succeed and will continue to 
     assist them in their reform efforts. NATO will continue to 
     assess each country's candidacy individually, based on the 
     progress made towards reform goals pursued through the 
     Membership Action Plan, which will remain the vehicle to keep 
     the readiness of each aspirant for membership under review. 
     We direct that NATO Foreign Ministers keep the enlargement 
     process, including the implementation of the Membership 
     Action Plan, under continual review and report to us. We will 
     review at the next Summit progress by aspirants towards 
     membership based on that report''.
       (16) Georgia and Ukraine have stated their desire to join 
     the Euro-Atlantic community, and in particular, are seeking 
     to join the North Atlantic Treaty Organization. Georgia and 
     Ukraine are working closely with the North Atlantic Treaty 
     Organization and its members to meet criteria for eventual 
     membership in NATO.
       (17) At a press conference with President Mikhail 
     Saakashvili of Georgia in Washington, D.C. on July 5, 2006, 
     President George W. Bush stated that ``. . . I believe that 
     NATO would benefit with Georgia being a member of NATO, and I 
     think Georgia would benefit. And there's a way forward 
     through the Membership Action Plan . . . And I'm a believer 
     in the expansion of NATO. I think it's in the world's 
     interest that we expand NATO''.
       (18) Following a meeting of NATO Foreign Ministers in New 
     York on September 21, 2006, NATO Secretary General Jaap de 
     Hoop Scheffer announced the launching of an Intensified 
     Dialogue on membership between the Alliance and Georgia.
       (19) At the NATO-Ukraine Commission Summit in Brussels in 
     February 2005, President of Ukraine Victor Yushchenko 
     declared membership in NATO as the ultimate goal of Ukraine's 
     cooperation with the Alliance and expressed Ukraine's desire 
     to conclude a Membership Action Plan.
       (20) At the NATO-Ukraine Commission Foreign Ministerial 
     meeting in Vilnius in April 2005, NATO and Ukraine launched 
     an Intensified Dialogue on the potential membership of 
     Ukraine in NATO.
       (21) At the Riga Summit of the North Atlantic Treaty 
     Organization in November 2006, the Heads of State and 
     Government of the member countries of NATO issued a 
     declaration reaffirming that NATO's door remains open to new 
     members, declaring that ``all European democratic countries 
     may be considered for MAP (Membership Action Plan) or 
     admission, subject to decision by the NAC (North Atlantic 
     Council) at each stage, based on the performance of these 
     countries towards meeting the objectives of the North 
     Atlantic Treaty. We direct that NATO Foreign Ministers keep 
     that process under continual review and report to us. We 
     welcome the efforts of Albania, Croatia, and the former 
     Yugoslav Republic of Macedonia to prepare themselves for the 
     responsibilities and obligations of membership. We reaffirm 
     that the Alliance will continue with Georgia and Ukraine its 
     Intensified Dialogues which cover the full range of 
     political, military, financial and security issues relating 
     to those countries' aspirations to membership, without 
     prejudice to any eventual Alliance decision. We reaffirm the 
     importance of the NATO-Ukraine Distinctive Partnership,

[[Page 7668]]

     which has its 10th anniversary next year and welcome the 
     progress that has been made in the framework of our 
     Intensified Dialogue. We appreciate Ukraine's substantial 
     contributions to our common security, including through 
     participation in NATO-led operations and efforts to promote 
     regional cooperation. We encourage Ukraine to continue to 
     contribute to regional security. We are determined to 
     continue to assist, through practical cooperation, in the 
     implementation of far-reaching reform efforts, notably in the 
     fields of national security, defence, reform of the defence-
     industrial sector and fighting corruption. We welcome the 
     commencement of an Intensified Dialogue with Georgia as well 
     as Georgia's contribution to international peacekeeping and 
     security operations. We will continue to engage actively with 
     Georgia in support of its reform process. We encourage 
     Georgia to continue progress on political, economic and 
     military reforms, including strengthening judicial reform, as 
     well as the peaceful resolution of outstanding conflicts on 
     its territory. We reaffirm that it is of great importance 
     that all parties in the region should engage constructively 
     to promote regional peace and stability.''.
       (22) Contingent upon their continued implementation of 
     democratic, defense, and economic reform, and their 
     willingness and ability to meet the responsibilities of 
     membership in the North Atlantic Treaty Organization and a 
     clear expression of national intent to do so, Congress calls 
     for the timely admission of Albania, Croatia, Georgia, 
     Macedonia (FYROM), and Ukraine to the North Atlantic Treaty 
     Organization to promote security and stability in Europe.

     SEC. 3. DECLARATIONS OF POLICY.

       Congress--
       (1) reaffirms its previous expressions of support for 
     continued enlargement of the North Atlantic Treaty 
     Organization contained in the NATO Participation Act of 1994, 
     the NATO Enlargement Facilitation Act of 1996, the European 
     Security Act of 1998, and the Gerald B. H. Solomon Freedom 
     Consolidation Act of 2002;
       (2) supports the commitment to further enlargement of the 
     North Atlantic Treaty Organization to include European 
     democracies that are able and willing to meet the 
     responsibilities of Membership, as expressed by the Alliance 
     in its Madrid Summit Declaration of 1997, its Washington 
     Summit Communique of 1999, its Prague Summit Declaration of 
     2002, its Istanbul Summit Communique of 2004, and its Riga 
     Summit Declaration of 2006; and
       (3) endorses the vision of further enlargement of the North 
     Atlantic Treaty Organization articulated by President George 
     W. Bush on June 15, 2001, and by former President William J. 
     Clinton on October 22, 1996, and urges our allies in the 
     North Atlantic Treaty Organization to work with the United 
     States to realize a role for the North Atlantic Treaty 
     Organization in promoting global security, including 
     continued support for enlargement to include qualified 
     candidate states, specifically by entering into a Membership 
     Action Plan with Georgia and recognizing the progress toward 
     meeting the responsibilities and obligations of NATO 
     membership by Albania, Croatia, Georgia, Macedonia (FYROM), 
     and Ukraine.

     SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, MACEDONIA 
                   (FYROM), AND UKRAINE AS ELIGIBLE TO RECEIVE 
                   ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 
                   1994.

       (a) Designation.--
       (1) Albania.--The Republic of Albania is designated as 
     eligible to receive assistance under the program established 
     under section 203(a) of the NATO Participation Act of 1994 
     (title II of Public Law 103-447; 22 U.S.C. 1928 note), and 
     shall be deemed to have been so designated pursuant to 
     section 203(d)(1) of such Act.
       (2) Croatia.--The Republic of Croatia is designated as 
     eligible to receive assistance under the program established 
     under section 203(a) of the NATO Participation Act of 1994, 
     and shall be deemed to have been so designated pursuant to 
     section 203(d)(1) of such Act.
       (3) Georgia.--Georgia is designated as eligible to receive 
     assistance under the program established under section 203(a) 
     of the NATO Participation Act of 1994, and shall be deemed to 
     have been so designated pursuant to section 203(d)(1) of such 
     Act.
       (4) Macedonia (fyrom).--The Republic of Macedonia (FYROM) 
     is designated as eligible to receive assistance under the 
     program established under section 203(a) of the NATO 
     Participation Act of 1994, and shall be deemed to have been 
     so designated pursuant to section 203(d)(1) of such Act.
       (5) Ukraine.--Ukraine is designated as eligible to receive 
     assistance under the program established under section 203(a) 
     of the NATO Participation Act of 1994, and shall be deemed to 
     have been so designated pursuant to section 203(d)(1) of such 
     Act.
       (b) Rule of Construction.--The designation of the Republic 
     of Albania, the Republic of Croatia, Georgia, the Republic of 
     Macedonia (FYROM), and Ukraine pursuant to subsection (a) as 
     eligible to receive assistance under the program established 
     under section 203(a) of the NATO Participation Act of 1994--
       (1) is in addition to the designation of Poland, Hungary, 
     the Czech Republic, and Slovenia pursuant to section 606 of 
     the NATO Enlargement Facilitation Act of 1996 (title VI of 
     section 101(c) of title I of division A of Public Law 104-
     208; 22 U.S.C. 1928 note), the designation of Romania, 
     Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 
     2703(b) of the European Security Act of 1998 (title XXVII of 
     division G of Public Law 105-277; 22 U.S.C. 1928 note), and 
     the designation of Slovakia pursuant to section 4(a) of the 
     Gerald B. H. Solomon Freedom Consolidation Act of 2002 
     (Public Law 107-187; 22 U.S.C. 1928 note) as eligible to 
     receive assistance under the program established under 
     section 203(a) of the NATO Participation Act of 1994; and
       (2) shall not preclude the designation by the President of 
     other countries pursuant to section 203(d)(2) of the NATO 
     Participation Act of 1994 as eligible to receive assistance 
     under the program established under section 203(a) of such 
     Act.

     SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES 
                   DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 
                   1994.

       Of the amounts made available for fiscal year 2008 under 
     section 23 of the Arms Export Control Act (22 U.S.C. 2763) 
     such sums as may be necessary are authorized to be 
     appropriated for assistance to the Republic of Albania, the 
     Republic of Croatia, Georgia, the Republic of Macedonia 
     (FYROM), and Ukraine.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




                              {time}  1915
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 835, HAWAIIAN 
                 HOMEOWNERSHIP OPPORTUNITY ACT OF 2007

  Ms. CASTOR, from the Committee on Rules, submitted a privileged 
report (Rept. No. 110-73) on the resolution (H. Res. 269) providing for 
consideration of the bill (H.R. 835) to reauthorize the programs of the 
Department of Housing and Urban Development for housing assistance for 
Native Hawaiians, which was referred to the House Calendar and ordered 
to be printed.

                          ____________________




REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 1401, RAIL AND 
               PUBLIC TRANSPORTATION SECURITY ACT OF 2007

  Ms. CASTOR, from the Committee on Rules, submitted a privileged 
report (Rept. No. 110-74) on the resolution (H. Res. 270) providing for 
consideration of the bill (H.R. 1401) to improve the security of 
railroads, public transportation, and over-the-road buses in the United 
States, and for other purposes, which was referred to the House 
Calendar and ordered to be printed.

                          ____________________




                      PROTECT IMPORTANT TAX RELIEF

  (Ms. GINNY BROWN-WAITE of Florida asked and was given permission to 
address the House for 1 minute.)
  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to 
express my concern that the Democrats will not extend tax measures 
critical to the American people. Residents in my own State are at risk. 
Floridians currently can deduct their sales tax from the Federal income 
tax. However, this deduction expires this year.
  As Democrats set their agenda for the coming year, there is talk of 
offsetting increases in Federal spending by raising taxes for millions 
of Americans. Quite frankly, I worry that the use of this provision 
will be to pay for additional spending. Constituents don't want 
additional taxes. They want us to be more conservative in spending.
  Listen up, America. Congress needs to be sure that taxpayers do not 
face unnecessary tax increases. I appeal to my colleagues on both sides 
of the aisle to ensure that our constituents are able to keep more of 
their hard-earned money.

                          ____________________




                  GRANDMOTHER AND THE ATTORNEY GENERAL

  (Mr. POE asked and was given permission to address the House for 1 
minute.)
  Mr. POE. Madam Speaker, the U.S. Attorney General, Alberto Gonzales, 
is the chief law enforcement officer in this Nation. He is the most 
powerful

[[Page 7669]]

prosecutor in America. As such, his credibility is based on his word. 
He must never deceive, mislead or misstate.
  There have been two different accounts by his office about the 
firings of some U.S. Attorneys. Gonzalez says he never has discussed 
the firings, but secret memos show a meeting to discuss such was held 
in his very office where he was present. Both statements cannot be 
true. His word is tarnished.
  The issue is not whether the administration can fire U.S. Attorneys. 
It can do so for almost any reason under the law.
  Madam Speaker, growing up, my grandmother was the Chief Law 
Enforcement Officer. Her word was the law. I never doubted what she 
said. I respected her because she was always bluntly truthful. If she 
had told me it was raining in my house, I would have rushed home and 
started putting plastic over the furniture, because she never misled or 
misstated the truth.
  This Nation deserves better than to have an Attorney General who 
cannot be forthright with Congress and misleads the citizens he has 
been sworn to protect. He has a credibility issue. His word should be 
as bluntly truthful as my grandmother's.
  And that's just the way it is.

                          ____________________




                 AMERICA MUST BECOME ENERGY INDEPENDENT

  (Mr. KINGSTON asked and was given permission to address the House for 
1 minute.)
  Mr. KINGSTON. Madam Speaker, in 2004, the United States of America 
spent $103 billion buying oil from non-democratic countries, such 
countries as Venezuela, as Iran, as Russia, and even ones who are our 
allies like Saudi Arabia, where some of that money finds its way into 
the hands of terrorist groups.
  We are funding both sides in the war on terrorism. It is a national 
security issue. We have to get off Middle East oil, and we need to 
reduce our oil dependency. We import 60 percent of our oil today.
  Congressman Eliot Engel and I have introduced H.R. 670. The goal of 
it is to reduce our oil consumption by 20 percent in 20 years. It has 
overwhelming bipartisan support, both in the House and the Senate.
  Now, if you don't buy that, there is another reason to focus on this, 
and it has to do with your pocketbook. Just think about the flexibility 
that we have out there in fuel choices, from ethanol to biodiesel to 
battery operated cars.
  Madam Speaker, we need to move in this direction. I recommend H.R. 
670 to my colleagues and hope they will cosponsor it with me.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore (Ms. Watson). Under the Speaker's announced 
policy of January 18, 2007, and under a previous order of the House, 
the following Members will be recognized for 5 minutes each.

                          ____________________




   PUBLICATION OF THE RULES OF THE COMMITTEE ON THE JUDICIARY, 110TH 
                                CONGRESS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Michigan (Mr. Conyers) is recognized for 5 minutes.
  Mr. CONYERS. Madam Speaker, in accordance with clause 2(a) of rule XI 
of the Rules of the House of Representatives, I respectfully submit the 
rules of the Committee on the Judiciary for printing in the 
Congressional Record. The Committee on the Judiciary adopted these 
rules by voice vote, a quorum being present, at our organizational 
meeting on January 24, 2007.

   Committee on the Judiciary, Rules of Procedure, One Hundred Tenth 
                   Congress, Adopted January 24, 2007

       Rule I. The Rules of the House of Representatives are the 
     rules of the Committee on the Judiciary and its Subcommittees 
     with the following specific additions thereto.


                      rule ii. committee meetings

       (a) The regular meeting day of the Committee on the 
     Judiciary for the conduct of its business shall be on 
     Wednesday of each week while the House is in session.
       (b) Additional meetings may be called by the Chairman and a 
     regular meeting of the Committee may be dispensed with when, 
     in the judgment of the Chairman, there is no need therefor.
       (c) At least 24 hours (excluding Saturdays, Sundays and 
     legal holidays when the House is not in session) before each 
     scheduled Committee or Subcommittee meeting, each Member of 
     the Committee or Subcommittee shall be furnished a list of 
     the bill(s) and subject(s) to be considered and/or acted upon 
     at the meeting. Bills or subjects not listed shall be subject 
     to a point of order unless their consideration is agreed to 
     by a two-thirds vote of the Committee or Subcommittee.
       (d) In an emergency that does not reasonably allow for 24 
     hours' notice, the Chairman may waive the 24-hour notice 
     requirement with the agreement of the Ranking Minority 
     Member.
       (e) Committee and Subcommittee meetings for the transaction 
     of business, i.e. meetings other than those held for the 
     purpose of taking testimony, shall be open to the public 
     except when the Committee or Subcommittee determines by 
     majority vote to close the meeting because disclosure of 
     matters to be considered would endanger national security, 
     would compromise sensitive law enforcement information, or 
     would tend to defame, degrade or incriminate any person or 
     otherwise would violate any law or rule of the House.
       (f) Every motion made to the Committee and entertained by 
     the Chairman shall be reduced to writing upon demand of any 
     Member, and a copy made available to each Member present.
       (g) For purposes of taking any action at a meeting of the 
     full Committee or any Subcommittee thereof, a quorum shall be 
     constituted by the presence of not less than one-third of the 
     Members of the Committee or subcommittee, except that a full 
     majority of the Members of the Committee or Subcommittee 
     shall constitute a quorum for purposes of reporting a measure 
     or recommendation from the Committee or Subcommittee, closing 
     a meeting to the public, or authorizing the issuance of a 
     subpoena.
       (h)(1) Subject to subparagraph (2), the Chairman may 
     postpone further proceedings when a record vote is ordered on 
     the question of approving any measure or matter or adopting 
     an amendment. The Chairman may resume proceedings on a 
     postponed request at any time.
       (2) In exercising postponement authority under subparagraph 
     (1), the Chairman shall take all reasonable steps necessary 
     to notify Members on the resumption of proceedings on any 
     postponed record vote.
       (3) When proceedings resume on a postponed question, 
     notwithstanding any intervening order for the previous 
     question, an underlying proposition shall remain subject to 
     further debate or amendment to the same extent as when the 
     question was postponed.
       (i) Transcripts of markups shall be recorded and may be 
     published in the same manner as hearings before the 
     Committee.
       (j) Without further action of the Committee, the Chairman 
     is directed to offer a motion under clause 1 of rule XXII of 
     the Rules of the House of Representatives whenever the 
     Chairman considers it appropriate.


                           rule iii. hearings

       (a) The Committee Chairman or any Subcommittee chairman 
     shall make public announcement of the date, place, and 
     subject matter of any hearing to be conducted by it on any 
     measure or matter at least one week before the commencement 
     of that hearing. If the Chairman of the Committee, or 
     Subcommittee, with the concurrence of the Ranking Minority 
     Member, determines there is good cause to begin the hearing 
     sooner, or if the Committee or Subcommittee so determines by 
     majority vote, a quorum being present for the transaction of 
     business, the Chairman or Subcommittee chairman shall make 
     the announcement at the earliest possible date.
       (b) Committee and Subcommittee hearings shall be open to 
     the public except when the Committee or Subcommittee 
     determines by majority vote to close the meeting because 
     disclosure of matters to be considered would endanger 
     national security, would compromise sensitive law enforcement 
     infor- mation, or would tend to defame, degrade or 
     incriminate any person or otherwise would violate any law or 
     rule of the House.
       (c) For purposes of taking testimony and receiving evidence 
     before the Committee or any Subcommittee, a quorum shall be 
     constituted by the presence of two Members.
       (d) In the course of any hearing each Member shall be 
     allowed five minutes for the interrogation of a witness until 
     such time as each Member who so desires has had an 
     opportunity to question the witness.
       (e) The transcripts of those hearings conducted by the 
     Committee which are decided to be printed shall be published 
     in verbatim form, with the material requested for the record 
     inserted at that place requested, or at the end of the 
     record, as appropriate. Individuals, including Members of 
     Congress, whose comments are to be published as part of a 
     Committee document shall be given the opportunity to verify 
     the accuracy of the transcription in advance of publication. 
     Any requests by those Members, staff or witnesses to correct 
     any errors other than errors in the transcription, or 
     disputed errors in transcription, shall be appended to the

[[Page 7670]]

     record, and the appropriate place where the change is 
     requested will be footnoted. Prior to approval by the 
     Chairman of hearings conducted jointly with another 
     congressional Committee, a memorandum of understanding shall 
     be prepared which incorporates an agreement for the 
     publication of the verbatim transcript.


                         Rule IV. Broadcasting

       Whenever a hearing or meeting conducted by the Committee or 
     any Subcommittee is open to the public, those proceedings 
     shall be open to coverage by television, radio and still 
     photography except when the hearing or meeting is closed 
     pursuant to the Committee Rules of Procedure.


                     Rule V. Standing Subcommittees

       (a) The full Committee shall have jurisdiction over the 
     following subject matters: antitrust law, tort liability, 
     including medical malpractice and product liability, legal 
     reform generally, and such other matters as determined by the 
     Chairman.
       (b) There shall be five standing Subcommittees of the 
     Committee on the Judiciary, with jurisdictions as follows:
       (1) Subcommittee on Courts, the Internet, and Intellectual 
     Property: copyright, patent and trademark law, information 
     technology, administration of U.S. courts, Federal Rules of 
     Evidence, Civil and Appellate Procedure, judicial ethics, 
     other appropriate matters as referred by the Chairman, and 
     relevant oversight.
       (2) Subcommittee on the Constitution, Civil Rights, and 
     Civil Liberties: constitutional amendments, constitutional 
     rights, federal civil rights laws, ethics in government, 
     other appropriate matters as referred by the Chairman, and 
     relevant oversight.
       (3) Subcommittee on Commercial and Administrative Law: 
     bankruptcy and commercial law, bankruptcy judgeships, 
     administrative law, independent counsel, state taxation 
     affecting interstate commerce, interstate compacts, other 
     appropriate matters as referred by the Chairman, and relevant 
     oversight.
       (4) Subcommittee on Crime, Terrorism, and Homeland 
     Security: Federal Criminal Code, drug enforcement, 
     sentencing, parole and pardons, terrorism, internal and 
     homeland security, Federal Rules of Criminal Procedure, 
     prisons, criminal law enforcement, other appropriate matters 
     as referred by the Chairman, and relevant oversight.
       (5) Subcommittee on Immigration, Citizenship, Refugees, 
     Border Security, and International Law: immigration and 
     naturalization, border security, admission of refugees, 
     treaties, conventions and international agreements, claims 
     against the United States, federal charters of incorporation, 
     private immigration and claims bills, non-border enforcement, 
     other appropriate matters as referred by the Chairman, and 
     relevant oversight.
       (c) The Chairman of the Committee and Ranking Minority 
     Member thereof shall be ex officio Members, but not voting 
     Members, of each Subcommittee to which such Chairman or 
     Ranking Minority Member has not been assigned by resolution 
     of the Committee. Ex officio Members shall not be counted as 
     present for purposes of constituting a quorum at any hearing 
     or meeting of such Subcommittee.


              Rule VI. Powers and Duties of Subcommittees

       Each Subcommittee is authorized to meet, hold hearings, 
     receive evidence, and report to the full Committee on all 
     matters referred to it or under its jurisdiction. 
     Subcommittee chairmen shall set dates for hearings and 
     meetings of their respective Subcommittees after consultation 
     with the Chairman and other Subcommittee chairmen with a view 
     toward avoiding simultaneous scheduling of full Committee and 
     Subcommittee meetings or hearings whenever possible.


                   Rule VII. Non-Legislative Reports

       No report of the Committee or Subcommittee which does not 
     accompany a measure or matter for consideration by the House 
     shall be published unless all Members of the Committee or 
     Subcommittee issuing the report shall have been apprised of 
     such report and given the opportunity to give notice of 
     intention to file supplemental, additional, or dissenting 
     views as part of the report. In no case shall the time in 
     which to file such views be less than three calendar days 
     (excluding Saturdays, Sundays and legal holidays when the 
     House is not in session).


                      Rule VIII. Committee Records

       The records of the Committee at the National Archives and 
     Records Administration shall be made available for public use 
     according to the Rules of the House. The Chairman shall 
     notify the Ranking Minority Member of any decision to 
     withhold a record otherwise available, and the matter shall 
     be presented to the Committee for a determination on the 
     written request of any Member of the Committee.


                  Rule IX. Official Committee Website

       The Chairman shall maintain an official website on behalf 
     of the Committee for the purpose of furthering the 
     Committee's legislative and oversight responsibilities, 
     including communicating information about the Committee's 
     activities to Committee Members and other Members of the 
     House. The Ranking Member is authorized to maintain a similar 
     official website on behalf of the Committee Minority for the 
     same purpose, including communicating information about the 
     activities of the Minority to Committee Members and other 
     Members of the House.

                          ____________________




                    THE NEED FOR FAIR TRADE POLICIES

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Maine (Mr. Allen) is recognized for 5 minutes.
  Mr. ALLEN. Madam Speaker, I rise today to express my opposition to 
trade policies that are unfair to American workers.
  Congress must insist on a new model for trade that makes American 
workers the top priority. Trade agreements must also take into account 
protections for the environment and ensure access to life-saving 
medicines.
  Developing trade agreements that take these priorities into account 
will be difficult, but we must not rush into obligations which will 
ultimately harm our own interests, and we must reject the false choice 
between expanding our trade opportunities and fairness to U.S. workers.
  It is simply wrong to follow the old model that we know hurts the 
livelihoods of so many of our constituents. That is why Democrats are 
pushing for new priorities in the trade deals that the administration 
is negotiating with Colombia, Peru, Panama, South Korea and other 
countries.
  Congress must continue to press the administration to change its 
trade policies and provide specific, constructive suggestions to 
advance the goals of our workers and our economy.
  Unfortunately, the Bush administration doesn't act as though it 
believes that Congress should have a real say in trade negotiations. 
One example, though it is certainly not the only one, is the matter of 
allowing access to life-saving medications.
  Congress has passed legislation directing the administration to 
respect the Doha Declaration, an agreement that allows countries 
flexibility under WTO rules to provide for public health. Although the 
administration signed the Doha Declaration, USTR has completely ignored 
Congress' directive to respect it.
  Every trade pact negotiated since 2002 has contained stringent 
intellectual property rules sought by the major drug companies. By 
keeping medicine prices high, these rules increase industry profits but 
restrict access to needed medicines for citizens in developing 
countries. Even in current free trade negotiations, USTR continues to 
ignore the will of Congress to respect the Doha Declaration.
  That is why a new framework for trade must include a stronger role 
for Congress. The current model of nonbinding negotiating objectives 
permits the President to ignore the wishes of this Congress.
  It is no surprise that the administration has favored large corporate 
interests at the expense of American workers, the environment and 
global health. But it is wrong. However, our new majority in Congress 
will respond to workers who have been hurt by previous trade 
agreements. After all, trade agreements have affected my home State of 
Maine's manufacturing, farming and service sectors.
  Soon Congress may be asked to consider renewing fast track authority. 
I voted against the Trade Act of 2002, which granted fast track 
authority to the President. I urge my colleagues to reject renewal of 
fast track in its current form. It is vital that Congress continue to 
press for change, firmly and constructively.

                          ____________________




 INJUSTICE AGAINST FORMER U.S. BORDER PATROL AGENTS RAMOS AND COMPEAN 
                               CONTINUES

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
  Mr. JONES of North Carolina. Madam Speaker, today is the 69th day 
since a great injustice took place in this country. On January 17, 
2007, two

[[Page 7671]]

U.S. Border Patrol agents entered Federal prison to begin serving 11 
and 12 year sentences, respectively.
  Agents Compean and Ramos were convicted last spring for shooting a 
Mexican drug smuggler who brought 743 pounds of marijuana across our 
border into Texas. These agents never should have been prosecuted. The 
U.S. Attorney's Office prosecuted the agents and granted immunity to 
the drug smuggler, who claimed he was unarmed. The illegal drug 
smuggler received full medical care in El Paso, Texas, was permitted to 
return to Mexico, and is suing the Border Patrol for $5 million for 
violating his civil rights.
  Madam Speaker, he is not an American citizen. He is a criminal.
  Madam Speaker, it is ironic that one of the Federal prosecutors 
dismissed by the Justice Department, who never should have been 
terminated, was criticized for not doing more to try cases of illegal 
immigration. Yet we have a Federal prosecutor in western Texas, Johnny 
Sutton, who, instead of prosecuting an illegal alien, who was also a 
known drug smuggler, decided to give immunity to the illegal alien drug 
smuggler and prosecuted the two Hispanic-American border agents who 
tried to apprehend the smuggler.
  Madam Speaker, this makes absolutely no sense. Johnny Sutton also 
prosecuted another law enforcement agent, Deputy Sheriff Gilmer 
Hernandez. Hernandez was recently sentenced to a year in jail for 
shooting the tires of a car transporting illegal aliens after the 
driver attempted to escape a routine traffic stop by aiming the vehicle 
at the deputy. Hernandez was charged with violating the civil rights of 
one of the passengers, an illegal Mexican national, who was struck in 
the lip by bullet or metal fragments.
  Citizens across this country and many of us in Congress want to know 
why does the U.S. Attorney's Office in western Texas choose to go after 
law enforcement officers while protecting the illegal aliens who commit 
crimes?
  The President has the power to immediately reverse this injustice by 
granting a pardon to these two men, who were doing their jobs to 
protect the American people. But, so far, the President has refused to 
stand up for justice in this case.
  Madam Speaker, I hope the White House will agree with many of us in 
Congress who believe Mr. Sutton's actions in prosecuting these agents 
raises serious questions and need to be investigated.
  I thank House Judiciary Chairman John Conyers and his staff for their 
interest in this situation involving the two border agents, who should 
have been commended instead of indicted. I am hopeful that the House, 
under the leadership of John Conyers, will soon hold hearings to look 
into this injustice.

                          ____________________




               NEW POLLS REGARDING VIEWS OF IRAQI PEOPLE

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
  Ms. WOOLSEY. Madam Speaker, on the fourth anniversary of the invasion 
of Iraq, several new polls looking at the opinions of the Iraqi people 
were released. It is important that we heed this call and that we 
listen to their choices, because it has been 4 years.
  Some frightening stories were illuminated by the new polls. For 
example, one in four Iraqi adults have had a family relative murdered 
in the last 3 years, while 23 percent of those living in Baghdad have 
had a family relative kidnapped in the last 3 years.

                              {time}  1930

  More than half of Iraqis have a close friend or relative who has been 
hurt or killed in the current violence. One in six say someone in their 
own household has been harmed. Eighty-six percent worry about a loved 
one being hurt, two-thirds worry deeply. Huge numbers limit their daily 
activities to minimize risk. Seven in 10 report multiple signs of 
traumatic stress. The number of Iraqis who describe their lives as good 
has dropped from 71 percent 3 years ago to under 40 percent today.
  This is shameful, Madam Speaker. Every day the evidence against 
President Bush's so-called war plan mounts. It makes one wonder if 
there is even a plan at all. How much of the Bush Iraq policy has been 
forced on the Iraqi people? How much real involvement have the Iraqi 
people had in deciding the future of their own country. How are the 
Bush policies affecting Iraqi families?
  I voted against the authorization to go to war. And Madam Speaker, I 
say to my colleagues, whether they voted ``yes'' or ``no,'' now is the 
time to make a change in direction. Let us empower the Iraqi people; 
let us restore their sovereignty.
  Last week, I had the opportunity to testify before the Foreign 
Affairs Committee about my legislation, H.R. 508, the Bring the Troops 
Home and Restoration of Iraq Sovereignty bill. This bill is a 
comprehensive proposal. It has 49 cosponsors, and it will end the 
occupation of Iraq within 6 months of enactment. It will accelerate the 
training and equipping of Iraqi military and security forces, preparing 
the Iraqis to take over their own security after U.S. troops and 
contractors leave at the end of the 6 months. It will fully fund the 
health care commitment to our returning veterans. It will make veterans 
health care an entitlement, something they deserve because, for heavens 
sakes, they have done so much for us.
  Additionally, the legislation revokes the President's Iraq war 
powers, it prevents establishment of permanent bases in Iraq, and it 
returns the oil rights to the Iraqi people. Actually, it gives Iraq 
back to the Iraqis.
  Madam Speaker, our most solemn obligation is to the brave and capable 
men and women who have been placed in harm's way. This legislation, as 
I said, guarantees physical and mental health care for U.S. veterans of 
military operations in Iraq and other conflicts. It is the least we can 
do. It is the very least we can do to show the gratitude of a grateful 
Nation.
  H.R. 508 will fulfill our commitment to our Nation's brave troops and 
to the Iraqi people. The polls here and the polls in Iraq are clear: it 
is time to bring our troops home.
  To those who are watching and wondering about the future of our Iraq 
policy, I say I will not stop, I will not rest, and I will not back 
down in my fight until every single last soldier and marine is home 
safe with his or her family.

                          ____________________




    PRIVATE CLARENCE SPENCER AND SERGEANT FIRST CLASS ALLEN MOSTEIRO

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Texas (Ms. Granger) is recognized for 5 minutes.
  Ms. GRANGER. Madam Speaker, I rise today to honor one of the bravest 
and most dedicated young heroes of north Texas and of our Nation.
  Army Private Clarence Spencer was killed in Bilad, Iraq while 
fighting against enemy forces in one of the most important conflicts 
our Nation has ever engaged in. Clarence Spencer gallantly and 
selflessly gave his life for his country while fighting alongside his 
fellow soldiers of the 1st Cavalry Division of Fort Hood, Texas.
  Private Spencer is survived by his mother and son and his loving 
wife, Army Private Charlotte Spencer, who has also devoted herself to 
our Nation's noble military profession.
  Clarence Spencer served three tours in Iraq, two of which were as a 
marine. Wounded in Iraq on a previous tour, he demonstrated tremendous 
courage by deploying into harm's way once again. Private Clarence 
Spencer is gone, but he will never be forgotten. His memory lives in 
our hearts, and America is eternally grateful for his spirit and his 
dedication.
  As Clarence's Dunbar High School football coach said about Clarence, 
``I have coached faster, stronger and more talented students, but I've 
never coached anyone I was more proud of.'' That is precisely the way 
that the Fort Worth community and our Nation feel about soldiers such 
as Private Clarence Spencer, a true American hero.
  Madam Speaker, I also rise to honor a second hero of the Fort Worth 
community and of our Nation. A graduate of Fort Worth's Eastern Hills 
High School, Sergeant First Class Allan

[[Page 7672]]

Mosteiro was an 18-year veteran of the Army, who was assigned as a 
scout leader in the 1st Cavalry Division based at Fort Hood, Texas. He 
gallantly and selflessly gave his life for his country as a result of 
wounds he received during a fire fight against enemy forces in Taji, 
Iraq on February 13, 2007.
  Sergeant Mosteiro is survived by his loving wife, son, parents, one 
brother and three sisters.
  The American people recognize their sacrifice and honor the Mosteiro 
family's patriotism. As a career soldier and senior noncommissioned 
officer, Sergeant Mosteiro's leadership was instrumental in developing 
younger soldiers, and he did not take his responsibility lightly. A 
veteran of Operation Desert Storm and of the current war, Allan 
Mosteiro dedicated his life to securing the freedoms that all Americans 
so rightfully cherish.
  Sergeant First Class Allan Mosteiro is gone, but he will never be 
forgotten. His memory lives on through the wonderful family that he 
left behind and the dedicated soldiers he so ably led.

                          ____________________




                        MESSAGE FROM THE SENATE

  A message from the Senate by Ms. Curtis, one of its clerks, announced 
that the Senate has passed without amendment concurrent resolutions of 
the House of the following titles:

       H. Con. Res. 44. Concurrent resolution honoring and 
     praising the National Association for the Advancement of 
     Colored People on the occasion of its 98th anniversary.
       H. Con. Res. 66. Concurrent resolution permitting the use 
     of the Rotunda of the Capitol for a ceremony as part of the 
     commemoration of the days of remembrance of victims of the 
     Holocaust.

  The message also announced that pursuant to Public Law 100-696, the 
Chair, on behalf of the President pro tempore, appoints the following 
Senators as members of the United States Capitol Preservation 
commission:
  The Senator from Illinois (Mr. Durbin).
  The Senator from Louisiana (Ms. Landrieu).
  The message also announced that pursuant to Public Law 100-696, the 
Chair, on behalf of the Republican Leader, announced the appointment of 
the Senator from Colorado (Mr. Allard) as a member of the United States 
Capitol Preservation Commission.

                          ____________________




                          FAILED TRADE POLICY

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentleman from Maine (Mr. Michaud) is recognized 
for 60 minutes as the designee of the majority leader.
  Mr. MICHAUD. Thank you very much, Madam Speaker.
  I rise with my colleagues here this evening to talk about our failed 
trade policy.
  As a former mill worker at Great Northern Paper Company in East 
Millinocket, Maine, I know firsthand how these trade deals have 
crippled our manufacturing base in the State of Maine.
  When I ran for Congress, I told the people of the State of Maine I 
would fight for them, for their jobs and for their families every 
single day. Mainers know that these trade deals have left them behind. 
You can go almost anywhere in my district and find an abandoned mill or 
a vacant factory. They are painful reminders of what was and is no 
longer to be. Their jobs have been outsourced to countries that pay 
slave wages. How can we compete when our own workforce has been left 
behind?
  The election results proved that the American public is sick and 
tired of their jobs being outsourced. They want a Congress that fights 
for our workers and businesses. They want this country to move in a new 
direction. They want this Congress to move in a new direction.
  I will be the first to say that I am concerned when I am hearing from 
my fellow colleagues that we can't cut side deals on trade agreements. 
Some say maybe we can make a few concessions on both sides and a deal 
is cut. The American workforce is sick of these trade deals, these side 
deals being cut. They don't want more trade adjustment assistance; they 
want their jobs.
  Some say that the pending free trade agreements, that we should do a 
side letter to appease labor, or maybe a couple tiny provisions that 
fix the environment. My mom always told me, you can't fix what's 
broken. Our trade policies are broken.
  It is time to start from the ground up. It is time to renegotiate the 
Peru, the Colombia and the Panama Free Trade Agreements. With the TPA 
deadlines quickly approaching, we cannot rush something through. The 
American public deserves to have the new majority renegotiate these 
trade deals.
  This election sent a strong message. It is to change course in what 
the Bush administration has done with our failed trade policies. There 
is no quick fix to this solution, not when these agreements are based 
on a flawed model. These agreements compromise our port security, they 
privatize Social Security, they threaten our intellectual property 
rights, they undermine States' rights, and they infringe on access to 
medicines.
  I strongly agree with Chairman Levin that we need to address these 
issues, and we need to do it now. Nonbinding side letters are not good 
enough.
  Regarding the Colombia Free Trade Agreement, there is no fix that can 
make this agreement acceptable. It is highly offensive that the Bush 
administration even initiated negotiations with a country infamous for 
having the highest rate of trade unionists assassinated. More than 
2,000 labor union activists have been murdered in Colombia since 1990. 
More than 2,000 labor unionists murdered since 1990, with 60 
assassinated in 2006 alone, one per week. Until the Colombian 
Government changes this abominable situation, the United States should 
not offer any enhanced trade relations to Colombia.
  And then let me touch on the biggest issue of them all: fast track. 
Fast track delegates away Congress' constitutional authority. It 
undermines our right to have a say in what goes on in these trade 
deals. We must replace this outdated, failed trade negotiating system.
  Over 3 million American manufacturing jobs, one out of every six 
manufacturing jobs, have been lost during the fast track era. Before 
fast track, we had balanced trade. The United States trade deficit has 
exploded as imports surged. The worldwide gulf between the rich and the 
poor has widened since fast track.
  I could go on and on and on about fast track. Fast track has put us 
on the wrong track, and it is time to turn it around. Any acceptable 
version of fast track must include the bare minimum of some of the 
following:
  It would restore Congress' right to decide which countries it is in 
our national interest to negotiate new agreements. It would set 
mandatory requirements for what must and must not be in every 
agreement, including core labor and environmental standards. It would 
require Congress to vote on a trade agreement content before it can be 
signed, and it would not allow for secretive negotiations. A new 
negotiating system must include more oversight on how past agreements 
are actually working. It would reinstate our system of checks and 
balances.
  I am pleased that some of my colleagues are here this evening to join 
me in this trade discussion, and I look forward to their remarks. I 
would like to thank them for their leadership as well in this area.
  I now would like to introduce Congressman Phil Hare, a newly elected 
freshman from Illinois, to be the next speaker. Phil knows firsthand 
about how these trade agreements affect our manufacturing industries. 
Prior to working for Congressman Lane Evans, Phil's first job was at 
the Seaford Clothing Factory in Rock Island. During the 13 years, he 
cut linen for men's suits there.
  Phil served as a union leader and as the president of Unite Here 
Local 617. As district director for then-Congressman Lane Evans, Phil 
Hare fought for the working men and women in his district. Phil is a 
leader among the freshman class on trade issues.

[[Page 7673]]

  Phil, I want to thank you for your tremendous leadership on this very 
important issue that affects men and women throughout the United 
States. I yield to the good gentleman.

                              {time}  1945

  Mr. HARE. I thank the gentleman from Maine, and I also want to just 
commend you for your leadership on this whole issue of trade.
  When I first came to this body, I campaigned on the sole issue of 
trade; and they said there are a couple of people you need to look up 
right away. I needed to look up Representative Marcy Kaptur and Mike 
Michaud for standing up for ordinary people.
  With all due respect to the President, I don't consider this fast 
track legislation; it is wrong track legislation. I am a card-carrying 
capitalist, and I have said this many, many times. But I came out of an 
industry, the clothing and textile industry. But, for the life of me, I 
don't understand, this President just doesn't seem to get it. We keep 
losing good-paying jobs overseas, and for the life of me we are one of 
the few countries I know that actually subsidize our manufacturers for 
going overseas, if you look at the east coast and look what happened in 
your area from Maine all the way down and you look what happened in the 
Midwest with Maytag.
  Today I sat and I listened to a person from my district, Dave Bevard, 
who worked at the Maytag plant. He had 32 years in and his wife had 30, 
62 years between the both of them. Here, these workers gave up two wage 
concessions, if you can believe that, to keep this plant open, $24 
million from our State of Illinois in tax breaks to this company; and 
at the end of the day they ended up moving to Sonora, Mexico. The CEO 
of the company said, ``I don't care about the workers and the 
community. I am here to make a dollar for my shareholders.'' It didn't 
matter about the health care and the pensions.
  And Dave brought up today, you know, we have trade readjustment funds 
and things of that nature, but, as the gentleman knows, by the time you 
get them you have to decide between your unemployment compensation and 
whether you are going to be retrained. Then they tell you, well, you 
should go into a field that is growing, maybe like health care. So he 
said, of the 2,500 people that lost their jobs at that plant, 400 
people tried the medical care, thinking they were going to get into 
medical care. Well, that worked great for the schooling, but when it 
came to practical exercise to go in and be able to learn the trade and 
be able to do it, they only had room for 30 people. So, 370 people are 
left out in the cold.
  Another woman wanted to go through and wanted to get into daycare and 
needed a 1-year program at the community college. They only had a 2-
year program; and they said, well, maybe she should just try being a 
cosmetologist instead.
  When you take a look at the way we do this and the way we treat our 
workers, I said today this is a moral issue that I think we in this 
Congress have.
  I support trade. I will always support trade. I know our country 
needs it. But I ask, at what price? And I want to know why is it that 
this President feels he doesn't have to basically come to Congress for 
anything, as you know, but particularly when it comes to the trade 
issue. He can outsource it, he can fast track, and he can do whatever 
he wants to do, and there is no congressional accountability, no 
oversight. We are left with a package we can't even vote up or down 
half the time because he has the secret back-door deals.
  I, for one, as a freshman am tired. I am tired of going back to my 
district and seeing people like Dave Bevard and his wife who, by the 
way, has cancer. He is going to lose his health care.
  And I ask a question very simply of this administration and for those 
on the other side of the aisle and maybe some within my own party who 
think that this is the way to go. I want you to come to Gifford, and I 
want you to see what is left of that Maytag plant, and I want you to 
see the people whose lives have been affected by this and the lack of 
health care.
  Their prescription programs that they had, now they have lost their 
prescription drug program that they had, it equals for some of them 
their prescriptions per month, the pension that they receive. Now, they 
don't even get a pension, they have no health care, and somebody is 
going to try to convince me that this trade deal is going to work and 
that this was in the best interest of our manufacturing base?
  Now I can't in good conscience do that. I think we had some 
interesting hearings today, but, ultimately, we have to be able to 
stand up.
  And I agree with the gentleman from Maine. We had a directive I think 
this past election. I campaigned on this issue, as you know; and I 
campaigned very strongly about it. I said, look, I support trade, I 
support fair trade. So I am a fair trader, and I think that is what we 
should all be. And I think we have an obligation, as I said before, to 
ask this administration but also ask of ourselves: Are we here to 
represent the Dave Bevards of this country? Or are we here to represent 
the CEO that took the jobs to Sonora, Mexico?
  And they are going to keep doing it. Every single day we read of 
another small factory going. My clothing factory that I worked in was 
shut down, and now I hear that the remaining 350 people that were 
working there are hanging by a thread. Translation: In about a year, 
that plant is going to go simply because nobody wants to have the 
initiative and the courage to stand up for an industry that has been 
hit, or dumping its steel. It goes on and on.
  I don't want to use up the whole hour, but if the gentleman would 
just let me conclude by saying this. I would like to ask some of our 
folks on the other side that call me a protectionist, and I looked in 
the dictionary, and I think that means you are trying to protect 
something, and I am, and I know we are. We are trying to protect a 
basic fundamental right for people to have a decent-paying job.
  You know, these aren't CEOs. These are ordinary people who want to 
put their kids through school, have health care. They want to be able 
to work, and work very hard, and be able to retire and not have to 
worry about it.
  I am not going to stop on this issue, and I again applaud the 
gentleman from Maine for courage that he has. And I will promise you 
this, that I have said many times: I don't know how long I am going to 
be in this body, but as long as I am I am going to continue to come to 
this floor, I am going to continue to talk about those lost jobs and 
say we have to start thinking differently than we have before.
  We have an obligation, and our obligation is to stand up for ordinary 
people. That is what I have always been about. And I think the basic 
job of a Member of Congress, when you really get down to it, after all 
is said and done, is all of us are here to do the best we can to help 
ordinary people out, to make their lives better, not complicated.
  So to my friends on the other side that might think I am off base, I 
am not going to support fast track. I will vote against it. I am not 
going to have any part of outsourcing one more job from my district or 
from this country. I am going to stand up for workers, whether they are 
from Illinois or Maine or Ohio or Florida or wherever they are from, 
because we have a responsibility to do it. It is the right thing to do.
  And, again, I just can't thank you enough, Congressman, for taking 
the lead on this. You and Representative Kaptur have been great 
inspirations to me as a freshman here and campaigned on this issue of 
trade.
  And, by the way, I would just say to people listening, it is okay to 
run on things you believe in and lead with your heart and on the right 
issues, and every now and then the good guys do come out on top. So I 
thank the gentleman for allowing me to participate this evening and 
look forward to any questions or discussion you might have.
  Mr. MICHAUD. I thank you very much, Congressman Hare.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Ms. Watson). All Members are reminded to 
address their comments to the Chair.
  Mr. MICHAUD. I apologize, Madam Speaker.

[[Page 7674]]

  I would like to thank the gentleman for his kind remarks. It is I who 
ought to thank you and the freshman class for your leadership in this 
area. You have actually brought forward a whole new fresh discussion 
about trade and what it has done to this country. So I really 
appreciate your leadership and look forward to continuing working with 
you as we move forward in this area.
  There is another Member I would like to recognize, not a member of 
the freshman class, but this Member has been a true advocate for fair 
trade. Congresswoman Kaptur has been a tremendous leader in this fair 
trade fight.
  Marcy came to Congress from a working-class background. Her family 
operated a small grocery where her mother worked, after serving on the 
original organizing committee of an auto trade union at Champion Spark 
Plug. Marcy knows firsthand how these unfair trade deals have affected 
industry throughout her congressional district in Ohio and has been a 
key player in our trade working group in the House.
  I really appreciate all the leadership and expertise that you have 
brought forward on this issue, Congresswoman Kaptur. You have been a 
true leader, and you have been a mentor to me ever since I got elected 
to Congress. So thank you, and I yield you such time as you may 
consume.
  Ms. KAPTUR. Congressman Michaud, thank you so much for bringing us 
together tonight and for your great contributions to this debate. That 
is probably the major economic debate this Nation faces. It is a real 
pleasure to be here with you this evening. I thank you for yielding me 
some time.
  And to Congressman Phil Hare from Illinois, who has just hit the 
ground running here and who I think is such a tremendous addition to 
our membership and to this great struggle for the cause of all people 
in our country, the dignity of their work, the future for their 
families and the future of our communities.
  And to Congressman Steve Lynch of Massachusetts, who works so 
respectably as an ironworker. He looks like that man that they have on 
that iron beam over New York City, that famous poster. Whenever I look 
at him, I think I see him. He is the one who is swinging the golf club 
with the ball or something.
  It is a pleasure to be here with these gentlemen tonight, because 
they have all worked for a living, their families have worked for a 
living, and we need more people who bring this experience to the 
Congress of the United States.
  The plant that Congressman Michaud discussed, Champion spark plugs, 
no longer exists in Toledo. Back when I was first elected, we tried so 
hard to get the Japanese to buy the spark plugs, the best plugs that 
were made in the whole country, Champion spark plugs.
  I took them to Japan in 1985, and I said to Prime Minister Nakasone, 
``Your companies aren't buying from our premier companies.'' Our trade 
deficit was beginning to really get bad back then, so I said, ``So I 
would like to suggest that we give you these plugs for free for your 
manufacturers, and let them try them.''
  And we learned a lot about the keiratsu system of Japan and what a 
closed system indeed it is and that other companies couldn't bid into 
that production and that these very tight buying chains exist globally. 
Japan has been eating our lunch in the automotive market for a very 
long time now, but the Japanese market still remains closed, with less 
than 3 percent of the cars on their streets from anywhere else in the 
world. They didn't even take Yugos or bugs, VW bugs. So that market is 
a closed market, and we began to see how difficult it was to engage in 
trade with nations who truly were protectionists.
  Congressman Hare talked about protectionist countries. You can see 
pretty clearly which ones they are when you look at what is on their 
shelves and what is on their streets.
  I am here tonight to say that I have never supported fast track, 
because I don't believe Congress should ever let a fast ball go through 
here that we don't grab ahold of. And the problem is you can't amend a 
trade agreement. So even if you want to, as happened when we debated 
NAFTA, I can't remember a more piercing debate in this Congress other 
than votes on war. That NAFTA debate was the most significant economic 
debate we had here in 1993; and at the time that we debated that, it 
was purposefully brought to the floor in a way that we could not amend.
  So let me just take one issue. We are going to have discussions this 
year on the issue of immigration. When that bill came down here, there 
were many of us who said we have to deal with the displacement that is 
going to happen in Mexico in the farm sector, because there is no 
transition provision in NAFTA and no currency exchange, that we knew 
that the Mexican farmers were going to be thrown off of their community 
oriented farming ejido systems. It has happened. No one wants to 
recognize it has happened, but over 2 million people were disgorged 
from their villages and towns, and they are wandering the continent, 
providing an endless stream of labor that is dirt cheap there and here. 
It is almost as if they didn't want us to talk about it because that 
fast track bill came through here.
  Now, the NAFTA model is being used, they want to expand it to 
Colombia, they want to put it to Peru.
  I wanted to say a word about Colombia this evening. I agree with 
Congressman Michaud. There is no nation in the world that allows the 
assassination of their labor leaders more than Colombia. Why would we 
want to sign a free trade agreement with a country that isn't free? Our 
cardinal rule ought to be: Free trade among free people.
  When we look at what happened in Colombia recently, Chiquita brands, 
remember Chiquita Banana, which is headquartered in my State of Ohio, 
has just pleaded guilty to funding terrorism in Colombia. Several what 
are called unidentified high-ranking corporate officers of a subsidiary 
of Chiquita paid $1.7 million from 1997 through 2004 to fund the United 
Self-Defense Forces of Colombia, a group that our country says is a 
terrorist organization. And Chiquita also bribed other groups inside of 
Colombia.
  The company has now admitted to this wrongdoing and agreed to pay $25 
million in fines. They said that the money was paid to protect 
employees from violent paramilitaries who fight over the banana 
plantations. I wouldn't wish working on a Colombian banana plantation 
to any living human being.

                              {time}  2000

  And yet we are about to sign a free trade agreement under fast track 
that we can't amend and stand up for the dignity of people in Colombia.
  We know that the Colombian worker isn't safe; yet the President 
evidently thinks it is okay to sign an agreement where there is no 
transparent justice system, where bribes and protections and murders 
are every-day occurrences. Where are our values as a country? Why has 
it taken us almost 20 years from 1985 to 1995 to 2005, now it is 2007, 
to bring this issue up? We had to have so many casualties in this 
country. We tried 23 years ago so the hurt would not be so bad. And the 
gentlemen that are here this evening, Mr. Lynch, Mr. Michaud, Mr. Hare, 
Mr. Ellison, they represent those who are suffering in our country. 
There are people suffering in other countries, too.
  I want to say I associate myself with the gentleman's remarks this 
evening. And what you said about those who have been murdered in 
Colombia, we know 72 were murdered in 2006, and the gentleman talked 
about prior assassinations of those who were trying to form groups 
there so they could earn a decent wage. Almost none have been 
prosecuted. It is like their lives have no meaning. So we need to set a 
higher standard. Maybe our Constitution really should stand for 
something and we should look for an agreement among the peoples of the 
Americas that uses democracy and liberty as its fundamental principles, 
not the diminishing of workers, be they farmers or industrial workers.
  I oppose the Colombian free trade agreement and stand up for human 
rights, the middle class, the rule of

[[Page 7675]]

law, and everything that this Nation should be committed to.
  Mr. MICHAUD. Thank you, and I look forward to working with you as we 
move forward.
  We also have been joined by Mr. Ellison, who represents the Fifth 
District in Minnesota with distinction. Congressman Ellison believes 
NAFTA and CAFTA have encouraged the movement of manufacturing and 
agricultural jobs out of Minnesota to be done under sweat-shop 
conditions in other countries.
  A 2003 report by the Minnesota Fair Trade Coalition reported that at 
least a quarter and likely one-third of the net 45,000 manufacturing 
jobs that Minnesota lost from 2001 to 2003 were directly attributable 
to trade deals such as NAFTA.
  Congressman Ellison has been a leader among the freshman class, along 
with Congressman Hare, in fighting for fairer trade deals. I yield to 
Congressman Ellison.
  Mr. ELLISON. Thank you. I thank you for your leadership on this issue 
of fair trade. I think that the time is right, the time is now to begin 
talking about fair trade. I want to commend all of the Members here 
tonight talking about this critical issue.
  This election sent a strong message: no staying the course on Bush's 
failed trade policy. So now what do we hear, that the Bush 
administration wants to send to Congress NAFTA expansion agreements 
with Peru and Colombia. Consider the problems that Democrats have 
endlessly raised in writing, in hearings, on the floor, think about 
these problems and the administration's trade agreement model, how we 
have continually demonstrated that the Bush trade model is killing 
American jobs and is an enemy of the middle class.
  Then consider what the administration chose to put in the deals 
anyway. Democrats are for consumers' right to affordable medicine. The 
2002 trade negotiation authority instructed the Bush administration not 
to lard up and pack up these trade deals with new protections for big 
pharmaceuticals that could cut poor consumers off from access to 
medications and cause endless deaths in poor countries. But the 
administration inserted this poison pill into the FTAs. The TRIPS-plus 
requirement needs to come out.
  Democrats are against privatization of Social Security. We believe 
the elderly in whatever nation they are in should have safeguards for 
their security as they age. Yet the Peru free trade agreement requires 
Peru to open its social security system for privatization. That has to 
come out.
  Democrats believe that foreign businesses operating on U.S. soil 
shouldn't have greater rights than U.S. businesses. And we believe that 
our environmental and health safeguards cannot be exposed to attack in 
international tribunals. But the administration included the extreme 
foreign investor rights and investor state enforcement of NAFTA's 
Chapter 11. That needs to come out as well.
  Democrats believe in the right of Congress and the President to 
protect this Nation's security. We have made it clear that the trade 
pacts cannot subject our decisions about who should operate U.S. ports 
to attacks in international tribunals or demands for compensation. Yet 
although the Dubai Ports World operates Peru's ports and thus would 
have the right to such a claim, you included the ``landslide port 
activities'' in the Peru and Colombian agreements. That has to come 
out.
  Democrats believe in reducing poverty in the developing world. We 
believe in providing farmers in the Andean nations opportunities to 
earn a living without resorting to illegal drugs that will end up on 
our streets here in the United States. But despite the warnings from 
Peruvian and Colombian Governments and the record of NAFTA displacing 
1.7 million compesinos, the President has insisted on zeroing out corn, 
rice and bean tariffs in those things. That has to come out.
  Democrats believe consumers have a right to safe food. But the 
administration included provisions allowing food imports that don't 
meet our standards. That needs to come out.
  Democrats believe that when governments spend tax dollars, they must 
do so in the best interest of the taxpayers. But the administration 
included language in these FTA procurement texts that could expose 
Davis-Bacon prevailing wage laws, renewable energy standards and more 
to challenge. That must come out.
  It would only require striking a sentence here or a word there to 
remove the FTA terms that directly conflict with these core Democratic 
Party values and goals.
  And then there is what is missing, the enforceable labor and 
environmental standards in the core of the text of the agreement equal 
to the commercial provisions.
  Regarding the Colombia FTA, there is no fix to that and there is 
nothing that can make this agreement acceptable in my view. It is 
highly offensive that the Bush administration would exploit the 
enormous discretion fast track provides even to initiate negotiations 
with a country infamous and, unfortunately, famous for having the 
highest rate of trade union assassinations. More than 2,000 labor 
activists have been murdered in Colombia since 1990. Sixty were 
assassinated in 2006 alone; one per week. The Colombian Army is 
implicated in many of these murders, but few have been prosecuted. 
Until the Colombian Government changes its situation, the United States 
should not offer any enhanced trade relations to Colombia.
  Mr. Michaud, thank you for your excellent work and leadership. The 
American people deserve fair trade agreements. The American Congress 
must take back its constitutional authority to make sure that any 
agreement that the United States engages in is an agreement that is in 
the best interest of the American working people.
  Mr. MICHAUD. Madam Speaker, it is my pleasure to introduce my co-
founder of the Congressional Labor and Working Families Caucus, a 
member of the House Trade Working Group, Mr. Steve Lynch.
  During his career as an ironworker, Congressman Lynch worked at a 
General Motors plant in Framingham, Massachusetts, the General Dynamics 
shipyard in Quincy, Massachusetts, and the United States Steel plant in 
Gary, Indiana, all of which were shut down due to foreign competition 
and unfavorable trade conditions.
  Mr. Lynch's firsthand experience in seeing the effects of plant 
closures on American workers and on local communities has led him to 
focus on efforts to improve United States trade policy and help protect 
not only American workers but also American businesses which also feel 
strongly about these trade deals and have been working very closely 
with the United States Business and Industry Council to make sure that 
we have fair trade deals. I look forward to hearing Congressman Lynch's 
remarks.
  Mr. LYNCH. Thank you very much. I thank the gentleman for yielding. I 
want to join the rest of the Members here tonight to say how proud we 
are of the fashion in which you have defended American workers and led 
this cause for all Americans.
  I rise tonight to address the House on the matter of the pending 
trade agreements with Peru and Colombia and the general trade promotion 
authority.
  There has been much talk over the past couple of weeks and all of us 
have heard it about the desire of our country to export democracy to 
the Middle East. I just have to say that I am a firm believer that you 
do not export democracy through the Defense Department, as has been 
suggested by this administration.
  What we are talking about here in these trade agreements, this is how 
you export democracy. If you are going to do it at all, it is through 
trade agreements which give other workers in other countries a fair 
opportunity to have a decent standard of living, and it is really 
incumbent upon us through the Commerce Department and these trade 
agreements to make sure that at the same time we protect our own 
workers, we also give a fair chance at a decent living to those of our 
neighbors internationally.
  Just like the job loss that has been described by Mr. Hare, Ms. 
Kaptur, Mr. Ellison, and Mr. Michaud, as the

[[Page 7676]]

gentleman from Maine indicated, I worked at a General Motors plant in 
Framingham, Massachusetts, and I saw the impact in Massachusetts and in 
Framingham of those 2,300 workers getting laid off.
  The same thing happened at the General Dynamics shipyard where I 
worked in Quincy, Massachusetts, and I saw the impact there, as well as 
the steel plants in the Midwest that I worked at which have also been 
closed down.
  What really gets me is as an ironworker hearing the talk in 
Washington, especially this administration, they talk about job loss 
like they talk about the weather, like it is something beyond their 
control, like it is a natural disaster that they have nothing to do 
with, when in reality when you look at the policies this administration 
has put forward, it is a deliberate cause and effect. The reason we are 
losing jobs is because of the policies that we have adopted.
  Just like so many other so-called free trade agreements, this 
Colombia and Peru trade agreement contain no meaningful language or 
effective labor and environmental standards for workers in those 
countries, nor does it provide adequate protections to our own workers.
  Madam Speaker, these trade agreements are based on deeply flawed 
models of NAFTA and CAFTA. We continually repeat the same mistakes and 
offer the same problematic language in our trade agreements. Instead of 
enforceable labor provisions, these free trade agreements merely 
suggest that those nations that we deal with adopt and enforce their 
own labor laws. They offer no assurance that existing labor problems 
will be resolved, and they allow labor law to be weakened or eliminated 
in the future with no possibility of recourse for those workers.
  From our experience, we understand that attaching nonbinding side 
letters is not enough; especially when you consider, as my colleagues 
mentioned tonight, the record of deplorable labor conditions in the two 
countries under consideration: Peru and Colombia. They are among the 
worst examples of labor laws and protections and enforcements in the 
world.
  Peru, as my colleague from Maine has pointed out, the U.S. State 
Department documented the failure of Peru's own labor laws to comply 
with U.S. internationally recognized worker rights and ILO core labor 
standards. Our own State Department included violations of child labor 
laws with an estimated one-quarter of all Peruvian children between the 
ages of 6 and 17 employed.
  The State Department also indicated Peru's noncompliance with minimum 
wage guidelines with roughly half of the workforce, about 50 percent of 
the workforce in Peru, earning the minimum wage or below. These 
conditions are a far cry from free trade.
  Instead, American workers are being asked to compete with underpaid, 
exploited and child labor workforces. One would think with such 
deplorable conditions in Peru, that the U.S. would insert enforceable 
labor standards in the agreement. However, the labor protections are 
weak and nonbinding.
  The same goes for Colombia, a country that is infamous for having the 
highest trade union assassinations in the world. Mr. Michaud pointed 
out that more than 2,000 labor activists have been murdered in Colombia 
since 1990.

                              {time}  2015

  Until the Colombian government takes action to change this volatile 
situation, the United States should not offer any enhanced trade 
agreements with Colombia.
  We also must consider the national security implications of these 
agreements. Both Peru and Colombia harbor terrorist organizations with 
heavy involvement in narcotrafficking. While both countries have 
established financial intelligence units for analyzing and 
disseminating financial information connected with anti-terrorist 
financing regimes, greater cooperation from the Peruvian and Colombian 
government is crucial in undermining the funding mechanisms for these 
organizations. This crucial issue of national security cannot be 
overlooked when we consider these trade agreements.
  Madam Speaker, while sanctions and serious remedies are granted to 
the commercial trade and investment provisions of these free trade 
agreements, the labor, environmental and international security 
standards are completely ineffectual.
  There is no quick fix that can make trade agreements with these 
countries work for Colombian and Peruvian workers.
  To truly strengthen the trade agreements, Congress must also 
strengthen its negotiating mechanism. Not only are free trade 
agreements flawed trade models, it is paired with a flawed blueprint 
for negotiation, and that is the trade promotion authority. Congress 
needs a new procedure for trade negotiations because we are being held 
responsible for the damage all over the world. Under the TPA, Congress 
cedes its ability to control the content of these U.S. trade pacts. Yet 
we are stuck time and time again with the political liability for the 
damage that these trade pacts cause.
  This damage falls mainly to the American middle class, but also the 
Peruvian and Colombian agreements are replicating the same model of 
NAFTA and CAFTA that have been disastrous for the U.S. economy. Since 
NAFTA, over 1 million jobs have been lost nationwide, with over 23,000 
jobs lost in my State of Massachusetts alone. This has reduced wage 
payments to U.S. workers by $7.6 billion for just 2004. The 
administration's trade agreement model is killing the American middle 
class, plain and simple.
  Not only has NAFTA been harmful for American workers in Mexico, it 
displaced 1.7 million campesinos and forced them towards overcrowded 
cities and to enter the U.S. illegally. Yet the administration has 
evidently not learned from NAFTA's mistakes. Instead, the 
administration insisted on zeroing out corn, rice and bean tariffs, 
even in the face of warnings from the Peruvian and Colombian 
governments. Such measures will expand the NAFTA disaster to Peru and 
Colombia.
  In their current form, the Peru and Colombian trade agreements will 
only export more economic hardship rather than democracy for foreign 
workers.
  So I urge my colleagues and I urge everyone to reject the Peru and 
Colombian trade agreements until the rights of labor and the 
environmental issues are contained in these agreements. They should be 
rejected.
  I believe in the potential of free trade, like my colleagues Mr. Hare 
and Ms. Kaptur and Mr. Michaud, but along with power, as the major 
world power, we have a responsibility to use that power in a way that 
softens the impact of globalization on our own American workers, as 
well as the workers from Peru and Colombia.
  Mr. MICHAUD. Madam Speaker, I would like to thank the gentleman for 
his comments. We have talked a lot about the individual workers, but, 
also, this really devastates the community.
  Three days after I got sworn in as a Member of Congress, the company 
I worked for filed bankruptcy. The Great Northern paid approximately 65 
percent of the tax base in the town of East Millinocket. That had a 
devastating effect on what is going to happen to the school system as 
far as being able to get the taxes owed because of the mill going 
through bankruptcy. But also other small businesses in the community 
actually had to close down because they relied on the workers in the 
mill to help keep the small businesses going and running.
  When you talk about getting retrained, my colleagues I worked with at 
the mill, they were up in the age of 50 or 60 years old. Now they have 
got to go back to school. A lot of them never went to school beyond 
high school. Now they had to go back and try to further their 
education, which is very difficult, and get trained. For what?
  If you look at what happened in our State, we had mill after mill, 
paper machine after paper machine, shut down. It has been very, very 
difficult to find jobs in these communities, and it is very 
disheartening to see grown men and women for the first time in their 
lives that they actually had to go and ask for help for food. They had 
to raise funds to fund the food bank, and it is very difficult.

[[Page 7677]]

  I just hope that our colleagues on both sides of the aisle have seen 
the failed trade policy that has come about starting with NAFTA, and I 
know it was a Democratic administration, but probably conceptually 
sounded good. But now we have got a track record of what NAFTA has 
brought us; and, hopefully, we have learned our lesson and will be able 
to move forward in the manner that we do have fair trade deals.
  I will open it up for any discussion that my colleagues might have.
  Mr. HARE. Madam Speaker, one of the things that I think we need to do 
here is we have to start bringing some commonsense back to all of this. 
I think sometimes we think in too broad of thoughts. For example, some 
of the questions I would ask is, why can we not make a television in 
this country anymore, why can we not make stereos, and why can we not 
have textile mills in this country? We have quality workers. They were 
trained. They knew what they were doing.
  My colleague, Representative Kaptur, and I have been talking about 
getting a group of Members of Congress to go around to areas that have 
been hit and to interview those workers who have lost their jobs and to 
put it on tape and to show that to people. I would appreciate the 
gentlewoman might want to comment about that.
  But what we are talking about here, Madam Speaker, is letting 
ordinary people tell us what has happened to them. These are people who 
are our veterans. They fought in the wars. They have come back, and 
they are working in the factory. They lose everything they have ever 
had, and some of them with very little or no notice at all, and yet we 
are so quick to want to find work outside of this country when we have 
people going to bed in this country hungry. Those jobs in Ohio and in 
Maine and in Illinois, they are gone.
  I think we have to start doing something proactive. We have to stop 
this hemorrhaging of jobs, and we have to start thinking about how we 
are going to keep the jobs that we have here and expanding them.
  The late Senator Humphrey said that the American worker was the most 
productive worker in the world, and that has never changed. So I 
appreciate the gentleman for giving me a little bit of time. I thank 
you for allowing me to speak this evening, but perhaps the gentlewoman 
from Ohio might want to comment.
  Ms. KAPTUR. I thank the gentleman for yielding.
  Congressman Hare and I are thinking about going to track the whole 
Maytag saga, starting in his home community but then going over to Iowa 
and the whole buyout of Maytag by Wall Street and the shedding of jobs, 
thousands, thousands of jobs.
  Then, in my home State of Ohio, 2,000 more jobs hang in the balance 
at a place called Hoover Vacuum, which was part of this leveraged 
buyout. There was an article recently in the paper about the Maytags 
now being made by Samsung in South Korea, 250,000 of them being 
recalled in this country because they are burning up. They are actually 
catching on fire because water is dripping off the back onto the 
electrical panel. That never happened with Maytag. The Maytag repairman 
really was in that little room, and nobody bothered him.
  I think it is important for us as Members to tell the story, whether 
it is Maytag, whether it is Champion, Dixon Ticonderoga, companies that 
Congressman Michaud worked for, and whether it is Maytag. We need to 
help America give full voice to what is happening.
  It is interesting how little is on television, because some of the 
very same advertisers that own the airwaves do not want this story on 
there.
  I understand Lou Dobbs is coming to Congress this week for a hearing 
that Congressman Sherman is going to have. That is one of the few 
reporters that even talks about this, but for the most part you do not 
see this on the evening news.
  So I am very anxious to travel and tell the Maytag story and then 
maybe tell the story of Brachs Candy and tell the story of some our 
steel mills and to give these workers, first, appreciation for the fine 
products that they have built and it is not their fault and to say that 
we understand, but we know we are outnumbered sometimes, but our 
numbers are growing.
  Mr. HARE. They are.
  Ms. KAPTUR. But our numbers are growing.
  We said when NAFTA passed it was the first battle in a long war, and 
we knew there were going to be casualties, and it literally broke our 
heart because we knew what was going to happen on this continent.
  But now we have the next wave that came in when Congressman Michaud 
arrived; and now, with 39 new Members in your class, Congressman Hare, 
to come here, and you cannot imagine what that means to the more senior 
Members.
  Our only sadness is all the casualties that are out there and all the 
people that have had to suffer. We had hoped to protect America from 
that. We had hoped to protect those families, but we did not have the 
votes. But now I think we have the votes.
  I know one thing, we have the American people. Sometimes things get a 
little convoluted once it comes into this city, but we know the 
American people are with us. Let us make them famous. They are the ones 
that have lived this. Let us put it on our Web sites. Let us tell their 
stories. If others will not, let us do that. They surely deserve that. 
They have lived it.
  Mr. MICHAUD. You are absolutely right. The American people, they do 
get it, and that is why they sent so many freshmen Members here in this 
Congress on the very issue that they talked about in their campaigns, 
and that issue is trade.
  We are heading for disaster, a perfect storm. We have the largest 
budgetary deficit in the United States history, with over 45 percent 
approximately is owned by foreigners. We have the largest trade deficit 
in our history, over $202 billion with China alone. It is over I think 
approximately, what, 7 percent of our GDP?
  We are heading on a collision course. We must make sure that we have 
a strong manufacturing base here in the United States, and that is why 
I look forward to working with my colleagues here on the floor, look 
forward to working with a good, diverse group of the United States 
Business and Industry Council, labor, environmental groups, my 
colleagues across the aisle, Congressman Walter Jones, Duncan Hunter, 
Tim Ryan on our side of the aisle and Betty Sutton.
  So I am really excited. We see new life here in Congress as it 
relates to trade, and we have just got to keep talking about trade so 
that our colleagues will start paying attention to what is going on 
here.
  Ms. KAPTUR. I think that if we look at those people that are trying 
to sell off chunks of America piece by piece, I am offended by that. I 
am truly offended by it.
  When I heard the announcement that Hershey, one of America's logo 
companies, right, was going to move production to Mexico, they are 
already making those big kisses there, I guess. I did not know that. 
When you think of all the dairy jobs in Pennsylvania, you think of all 
of the factory jobs, you think of all of the distribution jobs. I mean, 
this is a massive American company. It was America. It was America. And 
so now we are going to let that go? And then they dumbed down the 
recipe so the chocolate is not as good? They put more wax in it or 
whatever. Come on.
  Do not take the American people for fools. We understand what is 
going on, and we know that we are being sold out. America is being sold 
out from under us, and the American people do not like it at all. They 
expect us to stand up for them.
  So it is just a joy to have you here, to be a part of this effort, 
and to say that the Peru and Colombian free trade agreement that is 
supposed to come through here on fast track, again, it is more just of 
NAFTA. It is more of the same. We should not approve it.
  But what has surprised me the most, as much as the American people 
have been hurt by NAFTA, if we go back, what has shocked me, what I 
never expected or anticipated, was all the casualties across the 
continent in terms of job loss and people hurt. I never

[[Page 7678]]

thought I would see the people of Latin America rise up in Mexico, in 
Brazil, in these massive demonstrations. That has literally humbled me 
as a citizen of the continent to think that the poorest among us, many 
have been risking their lives, to say the pain on them is even greater 
than on us. Their wages have been cut in half. They are losing their 
little stakeholds in Mexico, for example, and they are just being 
thrown off their land, and yet they are going to Mexico City and 
demonstrating by the millions.
  I never anticipated that that would happen, and I think what is going 
to happen here, those folks in Wall Street and other places thought 
they were going to be so smart. I think you are going to see another 
generation come behind us. They are going to create a charter for the 
people of the Americas that we should have created. Some of us wanted 
to, but we did not have the votes here, and I think that the backlash 
on NAFTA and on these kinds of free trade agreements that cause so much 
harm, I think Wall Street has only begun to see what is going to 
happen.
  So I put my faith in the people, I put my faith in the institutions 
of good governance, and I hope that, I do not know how harshly God will 
judge those who have done so much harm, but it did not have to happen.

                              {time}  2030

  We don't have to repeat the mistakes of the past, so I thank my dear 
colleagues here this evening, Congressman Michaud and Congressman Hare 
and Congressman Lynch and Congressman Ellison, for understanding what 
it is going to take to turn this continent and our values to put the 
values forward that were the ideals.
  When I think about John Kennedy and his Alliance For Progress, and 
you go down in Latin America and in every home there is a picture of 
John Kennedy because he cared for them. He cared for them first. I 
thought how did we go so far? Why couldn't we get a majority here? What 
was wrong with us back in the 1990s, that is, that we couldn't put that 
together? I see a rebirth of that spirit of idealism here this evening, 
and I know that the continent is waiting for us.
  I thank my dear colleagues for sponsoring this Special Order this 
evening and for helping us speak on behalf of the people who expect us 
to be here for them.
  Mr. MICHAUD. Thank you, and I thank Congressman Hare once again for 
coming to the floor this evening to talk about it. We have a lot to 
talk about. We have fast track, we have the trade deals we are talking 
about. We will be talking more about the value-added tax as that comes 
forward in a couple of weeks, and also the trade balancing act, which I 
will be resubmitting again in this Congress to look at trade in a 
comprehensive manner.
  I look forward to working with my colleagues on both sides of the 
aisle. This is an American issue. This is an issue that is important to 
this country, important to our long-term stability.

                          ____________________




                        2008 FISCAL YEAR BUDGET

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentleman from California (Mr. Campbell) is 
recognized for 60 minutes as the designee of the minority leader.
  Mr. CAMPBELL of California. Madam Speaker, tonight, and the next 60 
minutes, we are going to talk a little bit about one of the major 
issues that will be on the floor here in the House of Representatives 
as people vote later this week, and that will be the budget of the 
United States Government for the next fiscal year, the fiscal year that 
begins later this year. It's called the 2008 fiscal year budget.
  There will be several budgets offered; but if history is any guide, 
the one that is most likely to pass is the one that is being offered by 
the majority party, or the majority Democrats, in this case.
  That budget is a travesty. Tonight, we are going to show you why, why 
that is not the budget that should pass, why that is not the budget 
that should govern the United States taxpayers' money over the next 
year. This budget that we will see later this week proposed by the 
Democrat majority has the largest tax increase in American history. Let 
me say that again: this budget you will see the Democrats propose this 
week has the largest tax increase in American history. It has no reform 
of any of the entitlements.
  If we are going to save Medicare, we are going to save Social 
Security for future generations, as we will explain to you later, they 
are unsustainable. They have to be reformed. They have no reform 
whatsoever.
  They do not save or preserve the Social Security surplus. You know, 
people pay Social Security taxes. When they do, they presume that money 
goes to pay for Social Security. Makes sense. That is why it's called a 
Social Security tax.
  But, no, every year, a portion of that money is used to pay various 
other priorities of the Federal Government. The budget that the 
Democrats will propose this year for the next 5 years will not change 
that one little bit. Yes, this budget, Democrat budget later this week, 
is full of empty promises except one, to give you the largest tax 
increase in American history.
  Now, let's bore into a few of these things. Let's look into a little 
bit of this in detail. In order to do that I have a few charts here. I 
don't want to have anyone have some flashback to Ross Perot, I know he 
had charts, so I have charts too. I have charts to show you what's 
happening.
  This first one shows there is a misconception there, particularly on 
the Democratic side of the aisle, in spite of all the statistics, that 
somehow the deficit that we are in today was caused by the tax relief 
that was enacted back in 2003, that somehow allowing people at home to 
keep more of their own money to spend on their priorities, rather than 
Washington's priorities, that somehow allowing people to do that caused 
the deficit that we have today. It's absolutely not true.
  If you look at this chart, you will see that total Federal revenues 
declined until 2003, when the tax relief was enacted, and they have 
risen and are now up somewhere around 46 percent. Since then, the 
Federal Government has 46 percent more revenue, 46 percent more money 
than it did in 2003.
  I would ask the average American taxpayer at home, do you have 46 
percent more money, more revenue, more income than you had in 2003? If 
you don't, you should understand, the Democrats believe that the 46 
percent increase for the Federal Government wasn't enough, and that 
whatever you got, it was too much. Because they want to take some of 
what you have and put it right here in Washington, right here in the 
midst of the Federal Government.
  So the tax relief did not cause the deficit, actually caused an 
increase in revenue. Spending caused the deficit, too much spending, 
something the budget, the Democrats are proposing the majority party 
does, is more. Their proposal over the next 5 years is to spend more 
and more and more, yet raise your taxes to do it. So they are taking 
the thing that is reducing the deficit and getting rid of it, and 
taking the problem that has created the deficit spending and giving you 
more of it. Let me show you a few more things why these tax reductions 
actually resulted in more revenue.
  They stimulate the economy. When you have more money, what do you do 
with it? You save it, you invest it. You spend it, you create jobs, you 
do all kinds of good things with it. That is why after the tax relief 
was enacted in 2003, we created more jobs, lots more jobs, every single 
month, not a single month without more jobs created in this country 
since the tax relief was enacted.
  What else did the tax relief do? It also increased gross domestic 
product. That is basically the size of the total economy. If you look, 
after 2003, it's not so good, but after 2003, gross domestic product 
has increased dramatically every single quarter. So many charts, they 
are falling down. The chart fell down and so did the unemployment rate 
after the enactment of the tax decreases. Again, here they go. 
Unemployment up close to 6.5 percent,

[[Page 7679]]

and where is it now? Down around 4.5 percent.
  These things are not coincidences. These good things that happened to 
the economy did not suddenly hit just when the tax relief went into 
effect by coincidence. No. The tax relief left billions and billions of 
dollars in the American public's hands and in the American taxpayers' 
hands so they could use it for their purposes and help the economy 
grow. That is what we should be doing more of, not less of.
  But the proposed Democratic budget does a lot less of that. Let's 
talk for a second about how much less. This proposed budget has the 
greatest increase in taxes in American history.
  Now, I could tell average taxpayers, people at home, how much is 
that? Oh, it's $392.5 billion a year. What does that mean? They don't 
know what that means. But let me tell you and bring it home a little 
better. It means $3,035 for the average tax return in America per year, 
per year, folks.
  As people sit at home and they watch this, imagine the Democrats' 
budget is saying to you, $3,000 per year, you have to pay more here to 
Washington so they can spend it on more of their priorities.
  We often hear, gee, in Washington, the spenders like to say, the tax 
and spenders like to say, oh, we need to do this, and we have to get 
the money. Where are we going to find the money if we don't raise 
taxes?
  Well, I would say this, where is the average American going to find 
that money? Do you think they just will say, $3,000 a year, oh, that is 
no problem. That is just about $250 a month. That is nothing. I have 
got lots of that. That is no problem, we are happy to do that.
  I don't think so. I think that would cause a tremendous impact on the 
average American family, a tremendous impact on their budget, and not a 
good one if it would have the reverse of all these effects. It would 
start to drive unemployment up. It would start to drive job growth 
down. It would start to the drive the economy down. We need to stop 
this budget that will appear here on the floor this week.
  Now, I would like to introduce the gentleman from South Carolina (Mr. 
Barrett). Mr. Barrett, before you begin speaking, I would like to point 
out to you, because I have these figures broken down by State, that the 
average South Carolinian under the Democrats' tax proposal would pay 
$2,482.66 more tax per year. So you might tell me, Mr. Barrett of South 
Carolina, how do you think the average taxpayer in South Carolina is 
going to pay for that?
  Mr. BARRETT of South Carolina. My friend was exactly right. We are 
talking about the largest tax increase in our history, $292 billion. My 
friend from California was exactly right. When you talk about facts and 
figures, it's one thing. But when you try to bring it home and let 
people understand exactly what it means to them personally, it's 
another thing.
  Let me just give you some examples. Nationwide, if the Democrat 
budget were to happen to pass, we are talking about some nationwide 
impacts. Here we go, a family of four earning $40,000 will face a tax 
increase of $2,052. That is a family of four nationwide and 113 million 
taxpayers will see their taxes go up by an average $2,200. Actually, 
$2,216, but what the heck, it's government work, let's round it off a 
little bit. Over 5 million individuals and families who would have seen 
their income tax liabilities completely eliminated will now have to pay 
taxes.
  So not only people that haven't paid taxes in the past now, another 5 
million individuals are going to have to hit the tax rolls; 45 million 
families with children will face an average tax increase of $2,864; 15 
million elderly individuals, elderly. Now, most of these are on fixed 
incomes, will pay an average tax increase of $2,934. And 27 million 
small business owners will pay an average tax increase, listen to this 
one now, listen to this one, $4,712. Let me read that one again, 27 
million small business owners will pay an average tax increase of 
$4,712. Unbelievable.
  Let's bring it home. I am from South Carolina, born and raised there. 
Let's put it in South Carolina terms. In South Carolina the impact of 
repealing the Republican tax relief would be felt. Here is how. It's 
higher than I thought: 1,300,000 taxpayers statewide who are benefiting 
from the new lower 10 percent bracket would see their taxes go up.
  In South Carolina alone, 1.3 million people added to the 10 percent 
bracket; 447,000 married couples in the State of South Carolina would 
see higher taxes because of the increase in the marriage penalty. We 
are penalizing people to be married; 427,000 families with children 
would pay more taxes because the child tax credit would expire; and 
212,000 investors, including seniors, would pay more because of an 
increase on tax rates on the capital gains and dividends.
  The gentleman from California was there last Wednesday into Thursday 
morning when we passed it, we voted against it, but the Democrats 
passed their budget. It's full of empty promises, with the exception of 
two, more spending and higher taxes. That is a done deal; it's going to 
happen. The Democrat budget says it's the largest tax increase in 
American history. The Republican budget will say no tax increases.

                              {time}  2045

  The Democrat budget will say, immense new spending. The Republican 
will say, we will hold the line and we were going to increase 
accountability.
  Entitlements, on the Democratic side, it is a complete failure, $77 
million worth of entitlement savings, $77 million when we are talking 
about literally hundreds of billions of dollars in entitlement spending 
that they are going to do. The Republican budget says reforms, 
improvements in reforms, trying to make entitlement more sustainable 
and adding to the longevity of it. So it is plain and simple.
  Again, the figure that the gentleman from California, Madam Speaker, 
quoted a little bit earlier, when you bring it home in South Carolina 
terms where everybody can understand it, where it hits their 
pocketbook, we are talking per year average for 5 years if the 
Democratic budget passes, $2,482.66 that my people in South Carolina 
will have to pay more.
  And I ask the gentleman from California, I don't think that is a 
pretty good deal, do you?
  Mr. CAMPBELL of California. I thank the gentleman for yielding.
  I don't think it is a very good deal at all. What are they going to 
get for that? I think that is part of the question here. What exactly 
are they going to get for that?
  Are they going to get some of the spending like we just saw passed in 
the bill last week, you know, maybe some things to help shrimp and 
peanuts and a few things like that? Is that the sort of stuff they are 
going to get? Are they going to get a bunch of earmarks? What are they 
going to get? I don't think they are going to get very much.
  I yield back to the gentleman from South Carolina. Do you see much 
that your South Carolinian constituents will get for their $2,500 a 
year?
  Mr. BARRETT of South Carolina. I thank the gentleman for yielding; 
and, no, I don't. Again, broken promises.
  One of the ways that the Democrats want to fund all this new spending 
is reserve funds. And you talk about a shell game. We are talking about 
setting up reserve funds so we can spend more money, but there is 
actually no money in the reserve funds because we are going to put the 
money in there later on.
  Mr. CAMPBELL of California. Will the gentleman yield?
  Can you explain that to me again?
  Wait a minute. A reserve fund? I mean, a reserve fund to me is 
something where I put some money aside. You are telling me that they 
are saying they are setting up a reserve fund, the Democrats are, with 
zero money it.
  I yield back to the gentleman.
  Mr. BARRETT of South Carolina. Exactly. And as the gentleman from 
California knows, we had an empty jar, a big empty jar in our committee 
to illustrate that view.
  One of the ways that the Democrats in their budget spend more money 
is they set up this empty reserve fund to

[[Page 7680]]

be funded later, that the committees and the agencies and organizations 
can draw money out to spend more money, but yet there is no money in 
the reserve fund to spend. So you talk about a shell game. It is a 
shell game at its finest.
  One of the things that I was proud of several weeks ago, I guess 
maybe it was 2 weeks ago, I was proud to be part of an RSC, the 
Republican Study Committee, a press conference that we had to talk 
about a Taxpayer Bill of Rights.
  And, Madam Speaker, what we are talking about here is giving the 
taxpayers across the country more accountability for their government. 
Four simple things, things that we have talked about and things that we 
would like to see come to fruition. Let me tell you what they are.
  Taxpayers should have the right to a Federal government that does not 
grow beyond their ability to pay for it. I don't think we see that in 
this budget, Madam Speaker.
  Taxpayers should have the right to receive back every dollar they 
entrust to the government for their retirement. It is incredible what 
we have done and what we are continuing to do, Madam Speaker, in this 
Democratic budget.
  Number three, taxpayers have a right to expect the government to 
balance the budget without having their taxes raised. As the gentleman 
from California well knows, the Republican budget that we will present 
later this week will do that in 5 years. We will balance the budget, 
save the Social Security fund, and do it all without raising taxes. The 
Democratic budget does not. It does not. Now they may say one thing, 
but the figures show something else.
  And, last, taxpayers have a right to a simple and fair Tax Code that 
they understand. Boy, that is a tough one there. But it is a game of 
trying to be responsible to the taxpayers, as my friend from California 
knows. It is a game of making sure that our people keep their money. 
They know how to spend it more than we do in Washington, DC, and I 
trust my people more.
  Unfortunately, Madam Speaker, as my friend from California knows, 
this budget trusts the government more than it trusts the American 
taxpayer.
  With that, I yield back.
  Mr. CAMPBELL of California. Will the gentleman yield one more minute?
  Let me just ask you one more question, and then we will go on.
  The gentleman from South Carolina, so narrow it down. There will be a 
Republican alternative to the Democratic budget here that everyone on 
this floor will vote on this week. What are the major differences? I 
mean, could you lay out for me and for Madam Speaker and for anyone 
watching what are those differences?
  And I yield.
  Mr. BARRETT of South Carolina. I thank the gentleman for yielding.
  I think it is very simple. Number one, we will balance the budget 
without raising taxes; and, number two, we will reform entitlements. 
Because, as you well know, over the next 5 years, Madam Speaker, 
entitlement spending will grow 19 percent. Now that is without me, 
without my friend from California, without anybody in this House 
lifting a single finger. Entitlement spending will grow 19 percent.
  So the budget we bring to the floor this week will be very simple. We 
will slow the growth, not cut. We will slow the growth, because 
entitlement spending will still continue to grow. We will slow the 
growth of entitlement spending, and we will balance the budget without 
raising taxes.
  And I yield back.
  Mr. CAMPBELL of California. Thank you, Mr. Barrett from South 
Carolina.
  Now, Madam Speaker, so you don't think that we are just trying to do 
rhyming people here, we go from Mr. Barrett of South Carolina to Mr. 
Garrett of New Jersey. But before I yield to Mr. Garrett from New 
Jersey, you know, I am from California, and California taxpayers, under 
the Democrats' proposal, would pay $3,331.09 more per taxpayer in 
California.
  Now, I thought that was a lot. I thought that was a lot. It is one of 
the higher numbers on the page. But it is not as much as New Jersey. 
Taxpayers in New Jersey would pay $3,779.88 more in taxes under the 
Democrats proposal than they do now. And that is an average, again, per 
tax return filed per year. Almost $4,000.
  I am glancing here and I think, Mr. Garrett, there is only one other 
State that is going to pay, have more of an increase and that is 
Connecticut than New Jersey. So I am curious, Scott Garrett from New 
Jersey, what exactly do you think and what will people in New Jersey 
think and how will they deal with $4,000 a year more taxes?
  I yield to the gentleman.
  Mr. GARRETT of New Jersey. I appreciate the gentleman from California 
yielding.
  New Jersey is proud to be number one in a number of things. But, 
quite honestly, we do not like to be proud, we are not proud of the 
fact that we are number one when it comes to paying taxes in this 
country, whether you are talking about local taxes, sales taxes, State 
income taxes, property taxes. I think we are just about number one in 
all of those combined.
  Yet when you take that and you add what is happening here, this could 
be one of the most expensive weeks for the citizens of the State of New 
Jersey if this House proceeds with what the Democrat leadership plans 
to do.
  Now, I have the privilege of serving with you, the gentleman from 
California, on the Budget Committee. And as you know, we just debated, 
if you will, the Democrats' budget proposal just last week. Actually, 
we had a number of hearings over the last 3 months now, during which 
time we have had a number of experts come and testify on various 
aspects of the Federal budget and the ramifications of not doing some 
things in the area of mandatory spending.
  When you think about all the rhetoric that we have heard from the 
other side of the aisle, and maybe it was disquieting at some times, I 
think the one thing that maybe we can reach across the aisle here and 
maybe hear one language, one word that we are on the same page on at 
least, in rhetoric at least, is they agree with us on this one point 
and that is that we should get to a balanced budget at some point. The 
distinction, of course, is how they get there and how we get there.
  Now, anyone who tuned in to C-SPAN, if people did tune in C-SPAN and 
listen to those budget hearings that we had, they may realize, or they 
watch the stuff on the floor, what have you, might realize just how 
complex the Federal budget is. With talk of rescissions and special 
orders and earmarks and everything, it is a hugely complex matter that 
we deal with; and I appreciate your expertise that you come to the 
House with to be able to handle this.
  But, in reality, if you just step back for a minute, what we all do 
here on the House floor and in Budget Committee isn't a heck of a lot 
different than what every single American family, my own included, and 
the residents of the State of California and New Jersey have to do 
every single year, every week, every month when it comes to their own 
family budget, and that is to say they have to live within their means.
  Now, Washington doesn't have a good track record on this, but that is 
what families have to do. When it comes to families, I guess families 
don't really have a choice to say whether we are going to have a 
balanced budget or not. Washington does. People know how much money 
they are earning.
  Mr. CAMPBELL of California. Will the gentleman yield?
  Mr. GARRETT of New Jersey. Absolutely.
  Mr. CAMPBELL of California. I was going to say, one thing that you 
can do here in Washington is print money. The average family can't. If 
the Democrats were to pass this budget and give them that $4,000 or 
$3,800 tax increase in New Jersey, your citizens in New Jersey can't 
print money like the Federal Government to just run a deficit, can 
they?
  I yield back to the gentleman.
  Mr. GARRETT of New Jersey. No, you are absolutely right on point. The 
average family has to sit down and say,

[[Page 7681]]

this is what my income is going to be for the week, the month or the 
year for the year ahead and say I am going to live within those means. 
At the same time, what they have to do is they have to set priorities. 
And I think that what the gentleman was also trying to elicit from the 
Democrats during this last budget hearing was to set priorities. What 
are your top-ranking priorities? What must we spend on and where should 
we spend it? And if there are other things that you don't want to spend 
on now because you don't have the money, what are they?
  They would never agree to do that, if the gentleman recalls. That is 
why I think they came up with this hollow, empty trust fund which, in 
reality, they could have said the trust fund is this big, since it is 
empty, or they could have said it is this large. Because if there is no 
money in it, there is no limit to how large the empty promises are.
  But the family budget can't do that, just like you said.
  But the other thing that the Democrats in Washington are able to do, 
besides print money, that the average family can't do, you know what 
else the family can't do? They can't raise taxes. A family cannot 
simply go out and say, I am short on cash this week, so I am going to 
raise taxes. That is why I started off by saying, as you pointed out, 
that this is the most expensive week for a family in the Fifth 
Congressional District for the State of New Jersey.
  Let me just give you one other number while I stand here. It was the 
New York Times, that paper did a study just recently looking at what 
the Democrats in the House and the Senate are proposing. They looked at 
it a little bit slightly differently but came up with a little bit 
different number, but still draws the point.
  They looked at an average family of four making $70,000 in the State 
of New Jersey. Now, if you are from the State of New Jersey, I don't 
think anyone from either side of the aisle would say that a family 
making $70,000 is rich by any means. It is expensive to live in our 
State.
  But they said that family, who did very well under the Republican tax 
decreases in 2003 that we passed with the creation of jobs and the 
like, that family, under the Democrats' budget that may pass this House 
this week, would see their taxes go up by $1,500.
  So if you think you are rich at $70,000, which I guess the other side 
of the aisle thinks New Jerseyans making $70,000 are able to pay more 
in taxes, those taxes are going up by $1,500. I think that is a burden 
that that average family should not have to bear in light of the 
property tax.
  The overall average is the number that you brought out for the entire 
State of New Jersey, approximately $3,000. You may have it in front of 
you. I don't have it here.
  Mr. CAMPBELL of California. Will the gentleman yield? $3,779.98 for 
the entire State of New Jersey.
  I yield back.
  Mr. GARRETT of New Jersey. So around $3,800 or almost $4,000. And you 
think about it. What could that $4,000 be used for? If you are the 
family and the husband and wife sitting down with your family, well, I 
would like to use that $4,000 to go on vacation this year. I would like 
to be able to use it on some other niceties or what have you. Or maybe, 
if they can't use it on that, maybe they have health expenses.
  I have a daughter in college right now. Maybe they have college 
expenses, other things like that. I am sure they could find a use for 
$4,000 to spend.
  I will yield.
  Mr. CAMPBELL of California. I think this discussion we are having 
right now gets to the core of the difference between what Democrats in 
Washington, how they look at things and how we Republicans in 
Washington look at things. They look at it from the sense of, well, if 
we don't raise these taxes, how is the government going to spend more 
money on this or spend more money on that, or how are they going to get 
to take that? Because that is what it amounts to. When you tax 
everybody else, you come here, the 435 of us, plus the 100 people in 
the other body, get to spend the money on the stuff they want to spend 
it on.

                              {time}  2100

  And so how can we spend that money if we don't do this?
  You and I, Mr. Garrett, look at it from the standpoint of families, 
of taxpayers, of people. What are they not going to be able to do in 
New Jersey with that almost $350 a month? I mean, that is a nice car 
payment. That is substantial child care. That is a chunk of a house 
payment. It is a lot of different things to a lot of people. And we 
look at everything from the sense of the family, the taxpayer. They 
come first and the government comes second. That is not the way the 
Democrats in this town look at it, is it?
  I yield back to the gentleman.
  Mr. GARRETT of New Jersey. Mr. Speaker, I appreciate the gentleman's 
yielding. I remember one of the comments from the other side of the 
aisle during budget process, I think you shook your head when they said 
this as well, where they said, Well, if we do a tax cut, the Federal 
Government is subsidizing that taxpayer. And we just shook our head at 
that because a tax cut is not a subsidy to the American taxpayer. A tax 
cut is simply saying to Mr. and Mrs. Taxpayer and family that you don't 
have to send quite as much of your hard-earned money each week to 
Washington. You are able to keep $3,800 of that money. And maybe you 
want to use that $3,800 in New Jersey to go on vacation to a beautiful 
State like the State of California.
  Mr. CAMPBELL of California. Mr. Speaker, reclaiming my time, it is a 
matter of it is your money. When you earn it, when people earn the 
money, it is their money. It is not the government's money. It is their 
money and the government takes some of it for necessary operation to 
run government. But it is not like it is all the government's money and 
the government allows you to keep some. That is not the way we look at 
it.
  I yield back to the gentleman
  Mr. GARRETT of New Jersey. I will just close on these thoughts: the 
difference that we are seeing here between what the Democrats will be 
proposing in their budget and the Republican alternative budget that 
should also come before the floor is in three areas, I think. We are 
both aiming towards the same goal, fortunately, of trying to reach a 
balanced budget by 2012, 5 years from now. But the Republican budget 
will reach that goal of 2012 without raising taxes by almost $400 
billion, which is what your chart behind you shows. And that is 
critical.
  So, number one, we will not put a burden of almost $4,000, $3,800, on 
the families in the State of New Jersey, $1,500 if you are a family of 
four making $70,000.
  Secondly, by not raising taxes we will not be undermining the pro-
growth policies of this administration and of this government over the 
last 10 years. Those pro-growth policies, for New Jerseyans at least, 
have created tremendous employment, very low unemployment, so that that 
family that is making that $70,000 a year or more or less in New Jersey 
at least knows that the unemployment rate is almost at historic lows at 
this point. So they know there is the opportunity for jobs, and because 
of that, there is great opportunity to improve yourselves in careers 
and what have you. And because of that pro-growth policy, we have seen 
the deficit shrink by 26 percent.
  And, thirdly, and I think this is very important to everyone at home, 
is that we are making sure on the Republican proposal that those 
dollars that we do spend, because we are always going to have some 
spending by the Federal Government, that those dollars will not be 
wasted, not waste, fraud, and abuse, but will be spent on those things 
that are critical to my State, to your State, to national security, to 
homeland security, and to our veterans as well.
  So balance the budget without raising taxes, make sure we continue 
the pro-growth tax policies that we have had in the past to create 
jobs, and make sure that those dollars are wisely spent. They all come 
under the umbrella of one thing, and you said it: to

[[Page 7682]]

realize that these dollars come from the family budget. And our focus 
should be on the family budget and not on the Washington budget all the 
time.
  Mr. CAMPBELL of California. Mr. Speaker, I thank the gentleman from 
New Jersey (Mr. Garrett) so much for his comments and his hard work on 
these efforts and on these proposals to recognize that it is your money 
first, taxpayers. It is your money first. It is not the government's 
first that they let you keep some of. It is your money, and you should 
keep all of it except for the minimum amount necessary to properly run 
the government.
  Now let us talk about a few more things on these taxes. Some of the 
rhetoric that people may hear from the majority party here is that this 
tax relief in 2003, 2001, this just gave tax cuts to the rich. We hear 
that over and over: ``tax cuts to the rich.'' Well, as Mr. Garrett 
pointed out, a $70,000-a-year family of four in New Jersey is probably 
not rich, and they would be paying $1,500 or whatever the amount was 
that you said.
  Let us look at some of this. Now, these are numbers in billions of 
dollars, Mr. Speaker; so they can't relate to per person. This is the 
total Democrat proposed tax increase. This orange slice stands for the 
people who save money because of the 10 percent income tax bracket. 
Now, the 10 percent income tax bracket is the lowest tax bracket that 
exists. It is at $15,000 of income for a married couple. So this amount 
of this tax is going to people with roughly a taxable income of about 
$15,000. That is rich? I don't think so.
  Look at this slice right here, this red slice. This is people who get 
the child tax credit and the marriage penalty credit, these benefits 
which the Democrats have proposed to raise, to cut in half the child 
tax credit and to eliminate what was put in place sometime ago so that 
people don't get a penalty, don't pay more tax if two people both earn 
income get married. Under the old law, a lot of them pay more tax. Now 
a lot fewer of them pay more tax. This would get rid of that. Both of 
these phase out over a certain income level. So all of these are geared 
only for people at lower income levels.
  Let us look at this chunk. This is the death tax, which can affect 
all kinds of people, whether it is the person who is deceased or 
whether it is one of the many beneficiaries of someone who is deceased. 
And we know how the death tax has been destructive for family farms, 
family businesses, people wanting to pass their home that maybe has 
been in the family for generations, maybe only for a short period of 
time, but they want their children to have it, and they can't because 
the death tax got in the way.
  We are scheduled to have the death tax continue to decline. But the 
Democrat budget has proposed to put it way back into full force and 
effect with a rate, I believe, of up to 55 percent.
  And then look at this chunk, the biggest chunk of all the marginal 
rates. That means seniors with dividends and capital gains income and 
people at all other schedules in the different tax brackets within the 
Tax Code. These tax increases affect everyone, not just the supposed 
rich.
  And let us look at what this would do to certain tax rates: the 35 
percent tax rate would go to 39.6. A capital gains tax rate of 15 would 
go to 20. The estate tax would go from 0 to 55 percent. The child tax 
credit, from $1,000 to $500. And the very lowest tax bracket starting 
at taxable income, technically, of 0 would go from 10 to 15 percent. 
So, again, tax increases on everybody all across the board.
  We talked a lot about taxes tonight. But as I said when we started 
this conversation, the reason we have a deficit is not because we 
lowered taxes. Lowering taxes stimulated the economy, created more 
revenue for the Federal Government. Mr. Speaker, the reason we have a 
deficit is because we spend too much. And here is a chart showing how 
spending drives the long-term problems:
  Here is our spending today, roughly 20 percent of the economy; so 
already the Federal Government is spending about $1 out of $5 that 
exists in the economy. But if we leave things alone, if we allow 
spending to go forward and grow as it is in law now and if we just left 
all these things alone, it will go by 2049, you see here, up to nearly 
double that, nearly 40 percent of the economy. So $4 out of every $10 
in the economy would be government spending.
  Now, what this chart doesn't show is in countries where they have 
done this sort of thing before. The private part of the economy 
contracts. It doesn't have money for investment. It doesn't have money 
for growth. If government takes 3,331 more dollars out of each taxpayer 
in California, as the Democrats have proposed to do to spend on some of 
this stuff, they don't have that money to save. They don't have that 
money to invest. They don't have that money to buy things that help 
stimulate the economy. The government has it. The government doesn't 
save it. The government doesn't invest it. The government just spends 
it. And as we know, in a lot of cases not particularly wisely. So that 
is what happens if we leave spending alone. That is why we have a 
deficit.
  Even with the Democrats' proposed tax cuts, which is the orange line 
here, Mr. Speaker, you see it isn't going to work. The spending 
increases much faster than even after those tax increases.
  So I say to the people who have put together the majority budget, 
what do you plan to do here? Are we ever going to deal with this rapid 
exponential growth in spending? Or are you planning to raise these 
taxes further? Is the $3,331 per taxpayer in California just the 
beginning? Are we looking over a 10- or 15-year period of time at twice 
that? Three times that? Four times that? The sort of thing it would 
take to get anywhere near this spending level?
  Chairman Bernanke is the Chairman of the Federal Reserve. And the 
Federal Reserve, I think there is pretty general unanimity on both 
sides of the aisle, as well as with the economists, that the Federal 
Reserve has done a pretty good job of managing our economy for some 
time, interest rates and inflation; and they tend to know what could 
set this economy off course and what could keep it on course. And I 
think they deserve a lot of credit for keeping the economy on course, 
not just over the last 3 or 4 years but over the last 15 or 20 years.
  But Chairman Bernanke said just earlier this year that ``without 
early and meaningful action to address entitlements, the U.S. economy 
could be seriously weakened with future generations bearing much of the 
cost.''
  What does he mean by that? When he talks about entitlements, he is 
talking about Social Security, Medicare, Medicaid, things like that 
that the government does. And he said if we don't deal with it early 
and meaningfully, if we don't take early and meaningful action to deal 
with the growth in these retirements, that the economy is in trouble.
  Now, the Democrat budget that will be on this floor later this week, 
let's see, it is a 5-year budget. What reform of entitlements does it 
include? Oh, yes. Zero. None. Not one change. Nothing in the 
entitlements over the next 5 years. Is that early reform? I don't think 
so. Is that meaningful reform? Well, if zero is meaningful, then maybe; 
but I don't think it is meaningful reform.
  So let us look at what happens if we don't reform. Again, here is 
revenue, this black line. That is income coming into the Federal 
Government, roughly the same tax rates that we have today. But look at 
what happens to spending. It goes from a little more than we are taking 
in right now to nearly double. Nearly double if we don't reform. That 
is why Chairman Bernanke said, Mr. Speaker, that we need early and 
meaningful reform or this economy is in trouble, as he said, with 
future generations bearing much of the cost.
  Mr. Speaker, we have a lot of discussion about children around here 
and what is good for children and how we are going to help children. 
Let me tell you something I know is not good for children, and that is 
sending them this kind of price tag for us, for our Medicare, our 
Social Security, our Medicaid over the next 15, 20 years, and asking 
them to pay double, at least, the tax rates, the tax burden, that we 
pay because we didn't act.

[[Page 7683]]



                              {time}  2115

  We know this is coming. This is not a Republican chart. This is not a 
Democratic chart. This is prepared by the Congressional Budget Office, 
the Office of Management and Budget. Any number of nonpartisan 
government agencies agree. All the experts agree. On the Budget 
Committee that Mr. Garrett and Mr. Barrett and I sit on, every single 
expert who came in said that this entitlement spending, this planned 
growth in spending, is a disaster, a budget disaster, that we can see. 
It is a train coming down the track right into our eyes. But we are not 
blinded. It is not like we can't see it, Mr. Speaker. It is right here. 
We can see it. It is right here on this chart. We know it is coming, 
and we know the only way to deal with it is to reform these things.
  So where are they? Where are those reforms? What will people do if 
that top tax rate rises?
  Let me pull out one of these other charts. Just think about it. 
Doubling taxes. I realize it is quite a few years off, but if we don't 
deal with it now, we will get there. What does that mean? I guess that 
means the 39 percent rate would go almost 80 percent. That capital 
gains would have to go to 40. The estate tax, I guess you just take it 
all, which has happened in some countries before. The child tax credit, 
you probably get rid of it. And the lowest tax bracket would probably 
need to go up to 20 or 25 percent.
  Those obviously aren't exact figures or anything like that, Mr. 
Speaker, but just to give a sense of what we are talking about here if 
we don't do something, if we don't change these processes and change 
this. Because if you look at this chart again, the reason we can see 
the train coming is, if we do nothing, absolutely nothing, to change 
Social Security, that is this one, Medicare and Medicaid is this one, 
interest on the debt is that one. If we did nothing to change existing 
law, it is not like you have to do more, that we have to take action to 
spend this money. This is the money that will get spent if we do 
nothing, if we leave it alone under existing law. That is why we have 
to take action, and it is for the kids.
  Our kids can't bear this burden. People have said that if we allow 
this to happen that my children will be the first generation of 
Americans to have a lower standing of living than their parents. We 
have never had that happen in this country, and we should never let it 
happen in this country. The only way it is going to happen is if we 
shirk our responsibility today, because, gosh, it is 15 years off, 
let's deal with it later.
  This isn't about destroying Social Security. This is about saving 
Social Security. Because you really can't pay for this. There isn't 
enough money in the economy. So we have to reform it. We have to change 
the way it works to save it.
  That is why Republican budgets will say we should save the Social 
Security system. We shouldn't spend it. That is why it is part of the 
American Taxpayers' Bill of Rights, which a group of us Republicans 
introduced a few weeks ago, where we said if you pay money for your 
retirement it should only be spent on your retirement. It shouldn't be 
spent on something else.
  This isn't about destroying Medicare or wrecking Medicare, as you 
will probably hear demagoguery on the other side. It is about saving 
it. It won't continue this way. There isn't enough money. We have to 
save it, and to save it we must reform it.
  You will see proposals, you will see reform, but not in the 
Democratic budget that we see today. And that is what is so 
disappointing, Mr. Speaker. We can't ignore it. We shouldn't ignore it. 
It is right there. It is right before us.
  Our children will look back at this time in the future as to what we 
did with their inheritance. And I don't mean about the death tax 
necessarily. I mean the inheritance of optimism that is so much a part 
of the American ethos, the optimism that the average American can 
always do better, that anyone can lift themselves up, that they can 
move things forward.
  Instead, this is saying, no, we have to take more of your money. We 
have to move things backwards. You may not be able to have the same 
things that your parents had because we need more of your money for a 
failed and inefficient system.
  That is not the America my parents left me, it is not the America 
that I want to leave my children, but it is the America that this 
Democratic budget is heading us towards.
  Mr. Speaker, we do not need the largest tax increase in American 
history. We need to let people keep more of their money, not less. 
Families will not struggle because government doesn't spend enough. 
Families will struggle when government spends too much and takes too 
much of their money.
  Mr. Speaker, we need a solvent Social Security system, a solvent 
retirement system, not one that takes the money that that is taken out 
of people's paycheck for their retirement and spends it on other things 
and not one that is unsustainable, that won't exist 20 or 30 years from 
now.
  Mr. Speaker, we need a Medicare system, a healthcare system, where 
people control their own healthcare, where people control their own 
destiny, not where the government is telling them what to do and 
telling them how to do it and using one of the most inefficient methods 
and high cost to do so. We have to reform that, or it won't exist in 
the future.
  Yes, this Democratic budget is full of empty promises. You will hear 
about them over the next few days and weeks. You will hear that they 
promise to spend more money on this and spend more money on that and 
spend more money on the other thing, and in some cases they are 
definitely planning to do that. What they are not telling you is where 
they are getting it, and they are getting it right out of your pocket.
  In some cases, they are going to say we are going to spend more money 
on this and spend more money on that and grow this program and grow 
that program; and, as Mr. Barrett from South Carolina said earlier, 
they don't actually have the money in the budget to do it. They are 
just telling you, oh, yeah, we are going to do it. But we will find the 
money later.
  Well, you can be sure where they are going to get that money, 
probably the place they get the other money, right out of the American 
taxpayer. It is the only place to go, unless you cut spending somewhere 
else, which we are very happy to talk about, very willing to do. That 
is always something you do in budgets, you set those priorities.
  Yes, it is a budget filled with empty promises, except one, the 
largest tax increase in American history.
  Mr. Speaker, American taxpayers deserve better, and I hope that we 
will defeat this budget later this week.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Mr. Altmire). All Members are reminded to 
address their comments to the Chair.

                          ____________________




                       30-SOMETHING WORKING GROUP

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentleman from Connecticut (Mr. Murphy) is 
recognized for 60 minutes.
  Mr. MURPHY of Connecticut. Mr. Speaker, it is good to see you in the 
Chair this evening.
  This has been a pretty amazing first 3 months for a new Member such 
as myself, who just joined this Chamber after having watched it from 
afar for a number of years. As our majority leader said at an 
engagement earlier tonight, this has really been one of the most 
remarkably productive Congresses in as long as he can remember being 
here. That is important. That is important to me.
  Mr. Speaker, we are going to be joined later tonight by Ms. Wasserman 
Schultz, who is just beginning her second term. I think she shares a 
lot of the same frustration that the new Members do, that for all of 
the important policy changes that this Congress has started, whether 
you want to talk about raising the minimum wage, starting to repeal 
some of these massive tax breaks we have given to the oil

[[Page 7684]]

industry, the very important action that we took on Friday that we will 
talk about in terms of Iraq and the new direction that this Democratic 
Congress is beginning to set on what we do in Iraq, maybe the most 
important thing was that we started getting this place to work again 
and starting to give our constituents out there faith that Congress is 
back to work for the people of this country. Instead of sort of waiting 
for the special interests and the lobbyists to line up and come into 
the offices of the prior leadership to tell them what they wanted, now 
actually we have got the American people, middle-class families, 
working class families, their priorities are back in charge here again. 
That is what makes me proud to be part of this group.
  This is the hour that the 30-Something Working Group gets to spend on 
the floor of the House. I am proud to be a member of that group, a new 
member, proud that Speaker Pelosi has allowed us this opportunity.
  We are going to cover I think a couple of subjects tonight. We will 
certainly talk about what happened here on Friday.
  But I want to first just rewind for a second, to rewind to what 
happened when we first got here in January. Because it is interesting. 
I watched C-SPAN occasionally when I got home from the campaign trail, 
I got home from the State capital where I served in Connecticut for a 
few years, so I have some familiarity with some of the talk that goes 
on in this place.
  But now I get to sort of listen it to with new ears, because now I 
listen to a lot of the revisionist history that gets thrown around this 
place late at night, listen to our friends on the other side of the 
aisle, and they are friends.
  It is important to put up this chart, Mr. Speaker, to remind the 
American people that we actually can be friends when it actually comes 
to putting on the floor of the House of Representatives up or down 
votes on issues that matter to regular, middle-class families out 
there.
  We can talk about 68 Republican votes along with the Democrats voting 
to implement the recommendations of the 9/11 Commission. When we raised 
the minimum wage, set that bill on a path forward in this House, we got 
82 Republican votes for that. Stem cell research, passed 253-174, 37 
Republicans. Better prescription drug programs for our elderly, 24 
Republicans. And on and on and on.
  When it matters, where you put up-or-down votes in front of this 
House for things that make lives better for regular people out there, 
you are going to have Republicans and Democrats agreeing. So we are 
friends. We are friends when we put things before us we can all agree 
on.
  But there has been some revisionist history. There has been some 
interesting 20-20 hindsight happening on this floor often. We heard 
just a little bit of it before. A lot the decrying about the situation 
that our Federal budget has gotten into is pretty curious, seeing that 
the reason that I am here in large part is because a whole bunch of 
people out in northwestern Connecticut who voted for one person for 24 
years decided that the budget priorities, along with the priorities on 
our foreign policy, were gravely out of whack.
  A $9 trillion deficit, Mr. Speaker. A President that inherited a 
budget surplus, who ran on very fiscally conservative principles, 
managed to turn that into a record deficit in his first 6 years in 
office. A Republican Congress, I am sure there were some Democrats that 
were at the trough as well, but a Republican-led Congress that was 
complicit in racking up record amounts of debt that we know are not 
owned in large part by domestic banks but are increasingly owned by 
foreign banks, Asian banks and, in fact, it will put us in a very 
difficult position with when we are sitting down at a table to 
negotiate foreign policy with a lot of these foreign debt holders that 
have fairly decent leverage over us.
  So we hear a lot about how we need to do something about this 
deficit. How it is our children, our children are going to be crippled 
under the weight of this deficit. They absolutely are. They absolutely 
are.

                              {time}  2130

  We had 6 years with a Republican President, 6 years with a Republican 
House, a Republican Senate for much of that time. Could have fixed it 
during that time; didn't get the job done.
  Let's take a look at this chart for just one second. Let's make this 
clear, when we borrow money, all of this debt that we have racked up 
over the past several years, it is owned by Japan, China, the United 
Kingdom, Caribbean nations, Taiwan, OPEC nations, right down the line. 
That is who owns our foreign debt. That is what places us in incredibly 
compromising positions when we try to bring them to the table to be a 
multilateral player in actions throughout this world.
  So here is why I am here: I am here because people in northwestern 
Connecticut wanted us to finally challenge this President on his 
disastrous policy in Iraq. I am here because they were sick and tired 
of the programs that make communities strong, the health care programs, 
education programs, job training programs, we are getting slashed and 
burned and cut to the bone by this Congress, while they gave away more 
and more massive tax breaks to their friends in the upper .1 percent of 
income earners in this Nation.
  But they are also upset because the party that I think they thought 
was, you know, you see it in the polls, people for years and years and 
years thought that the Republicans were the ones that could manage 
their money and the Democrats they weren't so sure on. Well, they 
finally wised up after a while to realize that this place wasn't so 
responsible even under Republican rule; that in fact after budget after 
budget that got put before here, that President Bush put before this 
Congress was rubber-stamped over and over and over again and led to 
some of the most fiscally irresponsible policies that this Congress has 
ever seen, that this Nation, in fact, has ever seen. Largest Federal 
debt in the history of this country, growing by the day.
  Now, here is the good news: It's changing. Now, as many times as 
folks on the other side of the aisle want to talk and use the term 
``biggest tax increase in the history of the Federal Government,'' 
well, I'm still searching through that budget resolution, I'm still 
searching through what I am going to vote on this week and I don't see 
it. I don't see it because it's not there because we are actually going 
to do the responsible thing. Because what happened to create this 
Federal budget deficit was not just these massive tax breaks that they 
gave away to the folks way at the top, top, top of the income bracket, 
but they also spent money in a way that would have your eyes spin to 
the back of your head if you dug into some of the things they were 
doing here.
  A Medicare prescription drug program that deliberately ties the hands 
of the Federal Government, doesn't allow the Federal Government to 
negotiate lower prices with the drug industry, Mr. Speaker, making 
millions, hundreds of millions, in dollars in profit for the drug 
industry at the expense of American taxpayers.
  A defense policy which asks virtually no questions of how we spend 
our money in Iraq. We find out that there was $9 billion sent over to 
Iraq on pallets, thrown out of SUVs in duffel bags, unaccounted for; 
disappeared in that country. Stories of these pork barrel projects that 
would make your head spin, the ``bridge to nowhere'' in Alaska, simply 
the tip of the iceberg when it comes to some of the frivolous spending 
that happens from this supposedly fiscally conservative Congress.
  You could run through the examples over and over and over again. Mr. 
Speaker, we just had a hearing in the Government Oversight Committee 
that I sit on where we found out that the government does audits, each 
Department does an audit every year to try to make sure that we are 
spending money in a fiscally sound manner, just like any business 
would, that government should act like a business. Well, the analogy 
isn't particularly apt in a lot of facets. But when you are talking 
about at least having generally accepted accounting principles to make 
sure

[[Page 7685]]

that money comes in and goes out in an efficient manner, well, yes, we 
should start acting like a business does.
  The only agency in the Federal Government that can't give a clean 
audit year after year after year, the Department of Defense. Nobody 
here is putting pressure on them to account for how they spend money, 
to make sure that the billions of dollars that we hand to the 
Department of Defense in order to protect this country is being spent 
in the means that make sure that we are not saddling our children or 
grandchildren with the enormous amount of debt that we have racked up 
in this Congress.
  I mean, you want to talk about spending money wisely, our friends on 
the other side of the aisle have to look themselves in the mirror, have 
to wonder why this election happened. I know that this war was a major 
factor in people's choice at the polls. I also know that were a lot of 
people in my district, and I have got the run of the economic spectrum 
in the Fifth Congressional District, from people living in places like 
New Britain and Waterbury that used to have good, solid middle-class 
jobs who are still struggling to get back to that level of sustenance, 
to folks that are doing pretty well with their lives that have made a 
buck in this economy. Those folks at the upper end of the economic 
spectrum are wondering how this government is spending their money.
  So this week we are going to put a budget before this House. And Mr. 
Meek, who has joined us and Ms. Wasserman Schultz, who sits on the 
Appropriations Committee, can talk more intelligently than I can about 
this. We are going to finally put a budget before this House that is 
going to start to reflect the priorities of the American people; we are 
going to get our financial ship in order. All the things that folks 
over there talk about are actually going to be reality in this budget.
  We are going to make sure that we invest in the programs that make 
America strong. We are going to make sure that we end this disastrous 
policy of unbalanced budgets. We can do it in the next 5 years. That 
budget says that we can and we will. And it is going to continue at a 
pretty important precedent that we have set in this Congress, which is 
to change course on some of the most disastrous policies of this 
administration, particularly the vote that we took on Friday on the war 
in Iraq, and I know that we will talk about that, but also start to get 
our fiscal ship in order, to put our money where our mouth is.
  It is one thing for people to come up to this dais day after day 
after day and talk about fiscal responsibility. It is another thing to 
actually do it and put it into practice.
  The budget that we are going to vote on will be, as I have learned, 
this place calls a pay-as-you-go budget. It is simply this, what every 
family lives with every day. You want to spend some new money, show how 
you are going to pay for it. You want to cut some taxes, show how you 
are going to account for it. Pretty simple budget rule, Mr. Speaker. 
But not to be too partisan here, it took a Democratic Congress in order 
to start playing by those very simple rules.
  So, Mr. Speaker, I want to want to hand it over to Mr. Meek for some 
words, who normally gets to kick off this hour. But let me say that it 
has been a proud first three months. Probably the proudest day I have 
had was on Friday, when we came together to stand up to the President's 
policy in Iraq. It is going to be another proud week this week when we 
set the budget policies of this country straight and we finally stand 
up to the President and don't do what every other Congress has done, 
which is take this massive document, throwing our deficit into an 
increasingly upward spiral, throwing our families into turmoil. We are 
going to finally take this very weighted document and hold it up to the 
light, not just rubber-stamp it.
  It is going to be another good week here, Mr. Speaker. And with that, 
I yield to Mr. Meek.
  Mr. MEEK of Florida. Thank you so very much, Mr. Murphy. It is an 
honor to be here on the floor with you. I look forward to having a 
discussion not only with you, but also other Members of the House about 
what is coming up this week. I know that you alluded to last week's 
action that took place here on this floor. Democrats and Republicans 
and the majority were able to pass an emergency supplemental war bill 
that would not only put benchmarks in to make sure that the Iraqi 
Government is doing all that they should do to make sure that they 
carry out their responsibility since the U.S. taxpayer will be spending 
over $100 billion and counting over in Iraq in this piece of 
legislation, this supplemental, but also the $400-plus billion that 
have already been spent.
  And also security for the troops, making sure that Department of 
Defense regulations, Mr. Speaker, that have been put forth to protect 
our troops, that they have what they need: the up-armor that they need, 
the training that they need, the equipment that they need, the personal 
equipment that they need.
  And also making sure that our troops, as it relates to their rotation 
into theater, that they actually get an opportunity to have a Defense 
Department that has to do what they said they would do, and making sure 
they have enough time to be with their families, make sure they are 
able to maintain a job, those that are Reservists and National Guard 
men and women back home. And to also make sure that their families have 
an opportunity to be a part of their father or their mother's lives, or 
their parents having an opportunity to enjoy their son or daughter. And 
I think that is so very, very important as family values, and it is 
also standing by our word.
  If we can't stand by our word while they are enlisted or federalized 
to serve in Iraq and Afghanistan, then how do they expect for us to 
stand next to them and behind them when they are veterans and they are 
out in the world of veterans health care?
  I can tell you also, Mr. Speaker, that I am very pleased with the 
fact that we did put something in the legislation that will hopefully 
point towards redeployment of our troops. This war will continue and 
continue and continue if left up to the President of the United States. 
But before I start talking about the action really that we took, 
passing that legislation, seeing the voice vote that took place in the 
Senate last week, moving on legislation even with a closer time line 
and different benchmarks, which, Mr. Speaker, you know we will come 
together in conference to talk about a little further and iron out and 
be able to get a work product to the President.
  But as you know, today, March 26 of 2007, the number stands at 3,235 
U.S. servicemen and women that have died in Iraq; some 13,415 of U.S. 
troops have been injured and returned back to battle. You have to think 
about it, injured and then returned back to battle; 10,000 U.S. troops 
have been injured and have not been able to return back to battle.
  Hearing those numbers and hearing how they continue to move up, Mr. 
Speaker, even speaks further to the kind of oversight that this 
Congress must have in this conflict in Iraq, this civil war in Iraq, I 
must add, that we are officiating.
  We know that the President had a press conference after we took our 
action here on the floor. I want to commend the Members again who voted 
in the affirmative to make sure that we were able to take action, the 
first time the U.S. Congress has taken action with benchmarks, even 
against profiteering with U.S. contractors that are the third largest, 
you may call it coalition partner, or the second largest outside of 
U.S. servicemen and women in Iraq. You would assume that there are 
other countries in the world, since this is such a world issue that the 
United States is involved in, you would assume that there would be a 
number of countries before U.S. contractors, but U.S. contractors are 
the second largest number of individuals that are there.
  Mr. Speaker, when I talk about these numbers and when we talked about 
the action last week, the President, then he sprung into action. He had 
a press conference talking about how the Congress is now holding 
dollars back from

[[Page 7686]]

our men and women in theater and asking us to please stop. Well, I am 
glad that I lived long enough over the weekend to come back here to the 
floor, Mr. Speaker, to not only share with the President, but those 
that may think that by us standing up on behalf of veterans health 
care, by us making sure that Walter Reed Hospital gets the necessary 
dollars they need to be able to take on the influx of men and women 
coming back from theater that are injured of the 10,772 that cannot and 
will not go back to theater and the 13,415, when that number continues 
to increase, that when they get their care in the field and then they 
move on to Germany and they get even further care, and some of them 
have to come back here to Washington, DC to even get physical therapy 
and all the things that they need to get back to the theater, if that 
is stopping the dollars from getting to the troops, then I think that 
we need to go back to a civics lesson of what this is all about.
  We are putting dollars in what the Republican majority did not put 
in. Anything that the President asked for, the Republican majority 
rubber-stamped it. As a matter of fact, the Republican majority in the 
last Congress was so loyal to the President of the United States that 
whatever he said, whatever he wanted, they did it. And guess what, Mr. 
Speaker? I am here to report that that is one of the big reasons why we 
have a Democratic majority right now in the U.S. House of 
Representatives and in the Senate. Some 30-odd seats were lost living 
under that philosophy. And all of the hours that we spent on this 
floor, all of the hours that we spent in committee saying that if you 
give us the opportunity to lead, we will lead. Democrats, Republicans, 
Independents and some Americans who never voted before in their life 
went out and voted last November.
  Now, the President can have a press conference, that's fine, he is 
the President of the United States. I can go out and have a press 
conference. The bottom line is let's not have the people of the United 
States of America feel that the U.S. House and the Senate are holding 
money back from the troops. As a matter of fact, we have given more 
than what the President called for as it relates to armor. We've given 
the troops more as it relates to troop safety and force protection. 
We've added three new brigades to the Marines. We've added 36,000 more 
soldiers to the Army to make sure we are at the readiness level. Under 
the Republican majority of the 109th and the 108th Congress, as this 
war started and continued to escalate to the numbers of where it is 
now, our readiness levels, and when I speak of readiness levels, Mr. 
Speaker, I speak of the fact that if we had to go into another 
conflict, we are not ready.

                              {time}  2145

  There is not a National Guard unit right now that is ready to go to 
battle. Now, what do we mean by readiness? Making sure that they have 
the equipment, making sure that they have enough personnel to be able 
to rise to the occasion, all the specialists that are needed, all the 
striker brigades that are needed. We have 100 of them, but we are not 
at the readiness level that we need to be, and we haven't been at this 
low level that we are now since the Vietnam war. I am not giving out 
any national secrets. Everyone knows that this is the case. So if we 
know the obvious, why not take care of it?
  We are doing more than what the President has asked for. The 
President just has a problem. Do you know what the problem is? It is 
the fact that the Congress has said: Guess what, Mr. President. I know 
you have been saying a lot over the last 4 or 5 years of this war, now 
within its fifth year, the third escalation of troops that you have 
sent over to Iraq; and we pass a nonbinding resolution in the majority 
and Republicans voted for that, too, saying that we disagree with that 
philosophy. The American people are far beyond the President on this 
issue. So we are here to represent the American people.
  The second point, when you look at this issue of the binding 
resolution, it says that if the Iraqi government does not meet the 
benchmarks set by who, the President of the United States, George W. 
Bush, then the redeployment of troops will start. The clock will start 
at that point for a redeployment of a number of troops within 6 months.
  What else took place? The President said that it is important that we 
are not there forever. Well, still living under going in the old 
direction, the President wants the prerogative to be able to say, well, 
they are going to be there as long as they need to be there, and there 
is not necessarily a plan, and you haven't given an opportunity for the 
plan to work of the new escalation of troops.
  Well, guess what? We saw plan one, and the violence did not go down. 
We sat here and watched plan two, and the violence did not subside. 
They weren't using Vice President Cheney's, the enemies are in the last 
throes of their insurgency, later to find out that that is not the 
truth.
  So I guess we are just are supposed to continue to go on and on and 
on.
  So, Mr. Murphy, I guess when we start looking at the benchmarks, that 
is the problem. Why doesn't the President say, that is my problem; I 
have a problem with the fact that the U.S. Congress is saying they no 
longer want to go with my original thoughts? There is nothing wrong 
with that. He is an American. He can say it.
  But the bottom line is every last one of us sitting in these seats 
here in Congress and across the hall in the Senate, our obligation is 
to the individuals that have sent us here. Our constituents that have 
Federalized us here to make decisions on their behalf.
  We are not generals. Some of us served in the military, some of us 
did not serve in the military, some of us never wore a uniform in our 
lives, but I can tell you this much. We have been sent here to watch 
over the U.S. taxpayer dollars, have the well-being of our U.S. troops 
that are allowing us to salute one flag, and to make sure that our 
number one obligation is to be loyal to the American people, and not 
one person.
  So I speak very firmly and I stand very firmly on this point. Because 
I sat here the last 4 years in the minority not having an opportunity 
to be a part of the decisionmaking, not even being able to agenda a 
bill in committee or subcommittee, not able to bring a bill up here on 
the floor that the Republican majority did not allow me to. I mean, 
under the rules, they didn't allow me to. To now say, well, the 
President says that we are holding up dollars, emergency dollars for 
the war in Iraq?
  Let me just share a few other things, and then possibly we can go 
into an exchange.
  In the summer of 2005, there was a shortfall as it relates to 
veterans' health care, $2.7 billion.
  In March of 2006, the President's budget cut funding by $6 billion 
over 5 years that was passed by a Republican-controlled Congress. And 
the first time, Mr. Murphy, that we had an opportunity to do anything, 
when I say the Democratic majority, the first action, and it was 
because of the inaction by the Republican Congress that did not pass 
the appropriations bills on time, that we passed a continuing 
resolution to keep this government running, and what did we do?
  Well, we went into that bill and we made sure some of the special 
interest tax breaks and all of the things that the Republicans had in 
place, being loyal to individuals that had great influence in this 
House, and I am not talking about Members, I am talking about outside 
forces. We took $3.6 billion of the U.S. taxpayer dollars to increase 
the VA health care program and to make sure that their budget was in 
place so that our veterans would have somewhere that they can get care 
and their families.
  That was our action. The President didn't ask for that. As a matter 
of fact, the President didn't even want it. But we did it because it 
was the right thing to do, and that was prior to the Walter Reed.
  I keep saying that because that is so very, very important. People 
think that politicians and some folks do things just because somebody 
was looking or somebody said that you

[[Page 7687]]

should do it or you are under some political pressure. That was a 
natural thing for the Democratic majority to do, and we did it.
  And for the President to stand and say, well, you know, there is 
things in there that should not be in there and things that I didn't 
ask for. Well, guess what, we have to ask for it. I am even going to go 
down memory lane again.
  January of 2003, the same administration, President Bush cuts 
veterans' health care for 164,000 veterans.
  March of 2003, Republican budget cut $14 billion from veterans' 
health care, passed by the Congress, with 199 Democrats voting against 
it. That is House Concurrent Resolution 95, vote number 82.
  March, 2004, Republican budget shortchanged veterans health care by 
$1.5 billion. It was passed by the Congress, 201 Democrats voting 
against it. That is House Concurrent Resolution 393, vote number 92.
  March, 2005, President Bush's budget shortchanged veterans' health 
care by more than $2 billion for 2005 and cut veterans' health care by 
$14 billion over 5 years. That was passed with 201 Democrats voting 
against it. That is House Concurrent Resolution, vote number 88.
  I think it is very important that we outline that.
  Just like I said here earlier when I talked about the 2005 shortfall, 
after Democrats pressured the Bush administration and finally 
acknowledged that the 2006 shortfall for veterans' health care totaled 
$2.7 billion, Democrats fought all summer to make sure that those 
dollars were placed back in the right direction as it relates to 
veterans' health care.
  Also in March, 2006, President Bush's budget cut veterans' funding by 
$6 billion over 5 years, passed by the Republican-controlled Congress 
and, like I said, at $3.6 billion.
  Mr. Speaker, we come to the floor and we mean business. We are not 
coming here to have a press conference and talk to some folks that may 
not quite understand exactly what is going on day to day in Congress. 
That is why we are here. We are here to make sure the American people 
know exactly what is going on here.
  The reason why we speak very passionately about, you may say, well, 
it is Iraq, Iraq, Iraq, Iraq and, guess what, that other issue, Iraq. 
The reason we speak very passionately about that is that we have seen 
so much on this floor and so many words that Mr. Murphy talked about 
earlier, Members going on passing out inaccurate information every now 
and then, or the spirit of the information, whichever way you want to 
frame it, and to see the hard-core reality of these issues are still 
not addressed.
  I had something here where all of the veteran groups, I must add 
here, Mr. Speaker, ``This much-needed funding increase will allow the 
Department of Veterans Affairs to better meet its needs for the men and 
women returning from Iraq and Afghanistan, as well as all veterans who 
have served in the past.'' That is from the National Commander of 
Disabled American Veterans. That press release was March 21, 2007. 
``The American Legion and its 2.8 million members applaud the Budget 
Committee for the budget resolution recommendation for $43.1 billion in 
discretionary funding for veterans. Your recommendations are close with 
the views that are estimated, that was estimated by the American Legion 
earlier this year.'' That is by the legislative director and the lead 
on the American Legion.
  I think it is very, very important that Members understand that. 
Veteran groups are 110 percent, 110 percent, Mr. Speaker, about what 
this Democratic-controlled Congress is doing; and we are just getting 
started. This is Monday. We are talking about the things that we need 
to put in place to make sure that our men and women need to have what 
they need to have when they are in theater and when they are out of 
theater.
  I challenge the President to think within his heart and within his 
mind that he would turn a new leaf, and making sure that when we send 
this emergency supplemental to his desk, if he vetoes it, it will be 
his action that will be delaying the dollars to go to our men and women 
in harm's way.
  I have said once before last week, Mr. Speaker, I voted for two 
emergency supplementals, a lot that I did not agree with, but the last 
thing I wanted to do was to leave our men and women in harm's way 
without the necessary funding that they need. So if I, someone that has 
a different opinion than the President and the old Republican majority 
as it relates to this war in Iraq, we are all Americans first and, 
guess what, life is not perfect and everything is not going to come the 
way you want it to come when you want it to come.
  There are other people in this democracy that have something to say 
about it, and I know there are Republicans in America that feel the way 
the way that we feel. I know that there are Independents in America 
that feel the way we feel, and I know that there are Democrats and 
those that are looking to vote in coming elections to be a part of this 
democracy.
  So I come very proud of the work that has been done and the work that 
will continue to be done here in this House.
  Mr. MURPHY of Connecticut. Mr. Meek, just as a transition to Ms. 
Wasserman Schultz, I would just say, elections matter; and there is 
probably no better example of that in recent history than the election 
in November. Things have just changed here. The air is different, the 
priorities are different, the rate of action is different.
  And, Mr. Meek, I get why we had to have an election in order to 
change course in Iraq. I understand that this is a very difficult 
subject that has divided people for a number of years. Over the past 
several years, people, large numbers of people came to the conclusion 
that we needed to change course from the President's policy, that we 
needed to put a Congress here that is going to start standing up to 
this guy and insisting that there are some other fights that matter in 
this world, and that we need to invest back in Afghanistan, that we 
need to make sure that our borders here are protected and that we 
needed to start redeploying our forces.
  So I get that we had to go to a national referendum in order to set a 
new course. That is an important issue that has divided people.
  Now, people have come down pretty firmly in the past 12 or 18 months 
on the side of a new direction. That is why Friday, to me, was maybe 
the most gratifying day in the short number that I have been here. But, 
Mr. Meek, I don't get why we had to have an election to decide to 
support veterans.
  Mr. MEEK of Florida. If I may, and then I will yield and you can 
share all the great information. And Ms. Wasserman Schultz happens to 
be in between us today, so all we need is Mr. Ryan down here, and she 
will have a real challenge. But I can tell you from past experience of 
serving with her for 12 plus years now that she is very capable of 
rising to the occasion here.
  Let me just point out, just today, Mr. Murphy and Ms. Wasserman 
Schultz, we took a vote. We took a vote saying that we would like for 
the appointed U.S. District Attorneys to come and be confirmed before 
Congress. Something that is very, very important, giving the chief 
judge an opportunity to appoint a temporary U.S. District Attorney, for 
that opportunity to take place because of what is happening now in the 
Justice Department. And I think it is important. I saw Ms. Wasserman 
Schultz earlier talking today about this very subject.
  But, on the Republican side, you have some Republicans that are 
saying it is just horrible of what is happening. Because if what we 
think or believe what happened, these political appointees and then 
they got taken out because they were either going after someone that 
the administration did not want them to go after or they weren't going 
after certain individuals as it relates to political motivation. And 
under what we may call regular order in the 109th Congress or the 108th 
Congress or beyond, the kind of grip that this administration had over 
the House and the Senate, the chokehold that they had over the House 
and Senate, this would have never been an

[[Page 7688]]

issue. It never would have been followed up on. There never would have 
been a hearing.
  Guess what? Now, Mr. Speaker, there are hearings in both House and 
Senate, and now the Attorney General is getting caught in his own 
words. One minute he had nothing to do with it, and he didn't know what 
anyone was talking about. Now we understand that he led a meeting even 
talking about this issue.
  So when you look at it, and Mr. Murphy and Ms. Wasserman Schultz, 329 
Members of the House. It goes to show you, with the right leadership in 
place, we have a Democratic majority, Republicans will vote, some 
Republicans will vote and move in the right direction. Only one Member 
of the Republican leadership voted for this commonsense approach. There 
are still Members on the Republican side that are in the leadership 
that are still holding on to what used to be. The election took place 
last November. You would think, well, maybe the American people are not 
with this.
  So I am just saying that this issue is continuing to evolve, and I 
bring these examples up so that the Members can see that we have a lot 
of work to do. It is not about partisanship. This is about leadership, 
and we are providing the leadership here.
  I know Ms. Wasserman Schultz who serves on the Judiciary Committee 
can speak more eloquently on this issue. But this is one example 
amongst many. You called out those bipartisan votes at the beginning of 
the hour. We have to continue to embrace bipartisanship because that is 
what the American people want. They don't want us to be Democrats and 
Republicans. They want us to be Members of Congress watching out for 
the better good.

                              {time}  2200

  Ms. WASSERMAN SCHULTZ. Thank you, Mr. Meek and Mr. Murphy, it is 
great to be here again.
  I had an opportunity to engage in some dialogue with the caucus 
chairman on the Republican side, the gentleman from Florida (Mr. 
Putnam). I fully expected to be engaged in a point-counterpoint 
discussion on the U.S. Attorney General and the U.S. Attorney scandal, 
and that he would be defensive, as many of his colleagues have been. 
But knowing Mr. Putnam as we do, he was very frustrated. He expressed 
deep concern. He was beyond comprehension how the administration could 
have dealt with this problem in the way that they did.
  I was asked how I felt about it as a member of the Judiciary 
Committee. Quite honestly, under normal circumstances the President 
does have the right to appoint and unappoint and ask for the 
resignation of U.S. Attorneys that serve at his pleasure. Had it been a 
matter of him just saying, yes, I asked for their resignation, we have 
some other needs, we are moving in a different direction, whatever he 
said, just be straight with the American people. Just be straight with 
the Congress. If he had said, yes, I asked for their resignation, I can 
do that, I am the President. Fine.
  But, instead, it is fabrication, it is distortion, it is no, it was 
not him, it was the guy behind the tree. It was his mother. Just own up 
to what you did.
  Now, if the problem is what you did, you asked for their resignation 
because they were too good at their job and they were pursuing public 
corruption cases against Republicans, and we have colleagues that 
picked up the phone and put some pressure on these U.S. Attorneys whose 
resignation ultimately was asked for, that is a horse of a different 
color.
  But this would have never exploded to the level it has if they had 
just said, yes, we did. What I pointed out in my conversion with Mr. 
Putnam, in past years, and I was happy to see he was frustrated and 
concerned and there is bipartisan concern about the action that this 
administration has taken repeatedly on the war in Iraq, on the U.S. 
Attorney firings, and on the handling of the Valerie Plame issue, and 
the list goes on and on.
  Had there not been Democrats in charge of the Congress, this would 
have been another thing that would have been swept aside. They would 
have moved on or waited it out. They would have squeezed their eyes 
tight shut and hoped that this, too, would pass.
  Mr. MURPHY of Connecticut. I know that some of this administration 
are supposedly not great students of history; but if you read of recent 
Presidencies, you might find out if you tell the truth right off the 
bat, you get yourself in a lot less trouble than if you try to place 
the blame.
  Ms. WASSERMAN SCHULTZ. I want to go back to my ``mom'' analogy that I 
had last week. It is like how I deal with my kids. I told them, as all 
little kids, they get nervous when they have done something wrong. 
Sometimes they might not be completely truthful. And I have sat them 
down time and again, and said, listen, honey, if you just tell me the 
truth right away, it is going to be easier. I might be a little mad, 
but I am going to be more upset if I find out you lied on top of a lie. 
Young kids might not completely understand this, but grownups like the 
President and the Attorney General can certainly understand the more 
you stretch the truth, because we have to be careful about the words we 
use here, the harder it is to remember the last one you told, the last 
version of the truth you told.
  Mr. MURPHY of Connecticut. Ms. Wasserman Schultz, there is going to 
be a lot of stuff over the next couple months about Executive privilege 
and who said what, and there may be a lot of terms that may not seem 
like it matters to regular people.
  The heart of the matter is the difference between America and some 
Third World nations out there is we have a system of blind justice 
which holds people accountable for their actions based on whether they 
were right or wrong, whether they broke the law or didn't break the 
law; not whether they have some powerful friend sitting in the halls 
and corridors of power in Washington, DC or their State legislature. 
That is what separates this country from a lot of other places in the 
world where you can get hauled off to jail simply because you have 
fallen in disfavor with someone who is in a high political position. 
That is the essence of the genius of this country, that we have made 
sure that our legal system operates separate from our political system.
  There is going to be a lot of commotion about Executive privilege. 
What it comes down to is what may have happened is that this 
administration violated one of the basic principles of American 
democracy: don't mix justice with politics.
  And you are very right, maybe people wouldn't have found out about 
this if we did have Democrats in the majority.
  Ms. WASSERMAN SCHULTZ. We absolutely have to make sure that we 
continue to exercise the system of checks and balances in our oversight 
role here. If we don't, I am really fearful about what else. And we 
have already seen the evidence of how far this administration will push 
and how obsessed they are with the notion of a unitary Executive and 
the concentration of power that they have tried to gather in the 
Executive, through signing statements which are notations, whole 
paragraphs and pages and pages of notations on legislation that we pass 
here.
  We will say ``X'' must happen. And in a signing statement, the 
President will actually write a note that says why he doesn't have to 
do ``X'' even though Congress passed a law and he signed it. He has 
exercised more than any other President combined the so-called right 
to, essentially if he doesn't think a provision in the law that we have 
passed is constitutional, he has exercised his belief that he can 
ignore it or not implement it. That is what the judiciary is for.
  So between signing statements and the abuse of power with the PATRIOT 
Act and National Security Letters and essentially not being entirely 
straightforward, for lack of a better term, I am coming up with a lot 
of adjectives and synonyms for the ``L'' word here, there is an 
incredible effort being made that seems to require more energy than the 
straight-up truth does.
  That is why the oversight role is so important. If we are not here 
asking

[[Page 7689]]

questions, then the administration will run rough shod over the 
Constitution. They have proven that.
  Mr. RYAN of Ohio. The sense I am getting from my district now is that 
this is all fine probably if everything is going okay for everyone 
else. But the fact that things aren't going well, people are struggling 
to pay for their health care and college tuition. They are living 
paycheck to paycheck, bankruptcies are up, foreclosures, and kids are 
getting killed because of an administration that has been less than 
forthright with the facts. I think that is what is stirring among the 
American people.
  That is what happened in the election in November; and I think quite 
frankly the key to moving the kind of agenda we want to move here is 
going to be organize and tap that energy that is back home in a lot of 
our districts. Unless we do that, we are going to struggle. But I think 
we have the wind at our back. We have the American people at our back. 
They like what we are doing. There are good responses from the bill we 
passed on Friday.

                              {time}  2210

  We have got to get out of Iraq, and this President does not have the 
credibility to I think withstand the kind of pressure that is coming 
from the American people. The American people want out. They are tired 
of watching what is happening. Five more soldiers got killed, more kids 
maimed, more kids injured, more kids at Walter Reed, more kids go into 
a VA system that is less than adequate, and the American people are 
looking for the kind of changes that you have talked about, Congressman 
Meek has talked about.
  The bottom line I think is this, and whether you are talking about 
the war or anything else. For the war, it is like, well, there is only 
two options here. We either go down the road the President has taken us 
down and keep going or we have this alternative that we presented to 
get us out in the next year, hopefully earlier. An alternative to not 
going with our proposition is to continue to give the President a blank 
check, continue to have kids get killed, continue to not have a plan 
with absolutely no explanation as to what we are doing over there. No 
one even knows anymore.
  To go along with the President's budget means that as we look through 
our notes here and the research we did, 1 million children who are 
currently covered under the SCHIP program will get cut out of it. Our 
plan, invest $50 billion to cover millions of children who are 
currently uninsured. Which way do you want to go? I mean, this is not 
brain surgery. The President wants to continue to give tax cuts to the 
top 1 percent. We want to cover kids with health care, without raising 
taxes.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Altmire). All Members are reminded to 
refrain from engaging in personalities toward the President.
  Mr. RYAN of Ohio. Mr. Speaker, I thank the Speaker, but this Congress 
wants to add up to $50 billion to cover $50 million of new children on 
the State Children's Health Insurance Program. We want to get the Pell 
grant up to at least $4,600 and we reject the President's proposals for 
cuts.
  Now, imagine the leadership in the United States of America in 2007, 
Mr. Speaker, 2007 where he is going to say we want to not fund Pell 
Grants, we want to not fund children's health insurance and we want to 
continue to spend $2 billion a week in Iraq.
  Ms. WASSERMAN SCHULTZ. I thank the gentleman. On Friday, what we said 
was no more blank checks, no more war without a strategy and a plan to 
get our men and women in uniform home, no more sending troops over into 
combat, into harm's way without the armor they need, without the 
preparation they need, without the rest they need. All of those items 
were in that Iraq War supplemental.
  The alternative, what the President preferred, was just give me the 
money, just give me the money; do not ask me any questions. He was 
opposed to his own benchmarks. The benchmarks that he laid out on 
January 10 were in the bill, the ones that he said the Iraqi people 
have to meet, that the Iraqi leadership has to meet, and we added some 
that said, you know what, you have to make sure that you think about 
protecting the men and women we are sending over there.
  Mr. RYAN of Ohio. We said that you said these are the benchmarks, and 
guess what, we are going to hold you accountable for what you have 
said, because up to this point, you have been saying whatever you want 
and there has not been the kind of force of law which we passed out of 
here on Friday.
  Ms. WASSERMAN SCHULTZ. Words are nice, but when you go, like each of 
us have, to Walter Reed Army Medical Center and you look those troops 
in the eye and you have a chance to spend some time with them, the 
words ring really hollow unless you know you can back those words up 
with some action, with some commitment, with some belief in the mission 
and understand how devoted these men and women are to getting the job 
done.
  I mean, listen to some of the folks that are in that hospital, they 
all, to a person, have told me when I have been there, they want to go 
back. They want to get better, and they want to go back to join their 
comrades, their buddies, and help finish the job, but we have to make 
sure that we have their back.
  Mr. RYAN of Ohio. Is that not interesting that the soldiers we talked 
to, Mr. Speaker, at Walter Reed, back home, the kids that have gone, 
come back, gone, come back, and they are going back again, the reason 
you hear about why these kids want to go back and you think why would 
you want to go back, they want to go back because their buddies are 
still there. They feel like if they go back that they will be able to 
save their lives.
  The last couple of funerals I have been to with kids who were stop-
loss and were supposed to come home but ended up staying longer than 
they probably should have and ended up not making it back, the reason 
they wanted to go back in the first place was to protect their friends, 
and that is the heroism, that is the valor, that is the nobility of the 
cause. That is why these kids go back.
  To talk about that the debate last week, and many of us did not get 
an opportunity to speak for a variety of different reasons, but to 
hear, Mr. Speaker, some people say that if we bring these kids home, 
somehow that is going to make us less safe here in the United States, 
is an appalling argument, that this administration and this Republican 
Congress would rubber stamp this war to go over there, and that 
National Intelligence Estimate has told us that this war has created 
more terrorists, not less. It has created terrorists, Mr. Speaker, and 
then now that we have thousands and thousands and thousands of more 
people gunning for us here, these folks have the audacity to tell us, 
Mr. Speaker, that somehow us bringing our kids home is going to make us 
less safe.
  Now, that, to me, is appalling and to continue that kind of 
disjointed logic is unacceptable to me because we have kids in our 
districts who are not back home. They are either in Iraq, and many of 
them have gotten killed under the guise of the war, and to tell us that 
by bringing our kids home and getting them out of a civil war is going 
to make us less safe does not make any sense because all of the 
intelligence in the whole world is saying this war in Iraq has 
completed the final piece of the fanaticism of the Middle East.
  We have given anyone who kind of wanted to join but did not really 
want to, they are now joining. They are now a part of everything. They 
are now a part of the terrorist groups. They are now a part of the 
terrorist organizations. They now hate the United States more than they 
ever have, and so I find the whole operation appalling.
  Mr. MURPHY of Connecticut. What we have gotten ourselves into, this 
is a religious war.
  Mr. RYAN of Ohio. Civil war.
  Mr. MURPHY of Connecticut. This is a religious war that we helped to 
create in part. It did not exist until the bull sort of rushed into the 
China shop, but I think we all find it appalling, some of us, this 
simplistic terminology that gets rolled out here that we cannot leave 
until victory has been

[[Page 7690]]

achieved. Explain to me what victory is because if we have to stay 
there until we have completely eliminated a civil/religious conflict, 
well, it was not raging for the decades before we got there and is one 
that has almost no historical bounds. That is a difficult victory to 
ask our brave men and women to achieve, to try to somehow remediate a 
dispute between Shia and Sunni that cannot be resolved through the 
military actions of our men and women.
  Victory is much broader than that. Victory is about going after the 
fight that really mattered in the first place which is in Afghanistan, 
Mr. Speaker. Victory is about making sure that we secure our borders 
here at home; that every container that comes into American ports gets 
checked; that every airport has the proper screening technology to make 
sure that the ports of entry who brought in the terrorists who harmed 
this country have all the technology they need to make sure that it 
never happens again.

                              {time}  2220

  That's victory in the end. So it's frustrating as a new Member to 
come down here and to listen to this new terminology get thrown out 
there that doesn't have any basis in reality. That is part of what we 
did on Friday as well, to start to broaden that definition of what 
victory means and try to challenge the people to rise to that.
  Mr. RYAN of Ohio. On behalf of the American people, I think they are 
trying to see what we are trying to do. We are trying to end this war, 
stop the killing of our own kids, stop the maiming of our own soldiers, 
get them out of a civil war, try to calm down what's happening, stop 
the $8-plus billion a month that we are spending over there, and try to 
take some of that money and invest that into our own students, our own 
kids.
  I was, just before I got here, having dinner with an old friend of 
mine, who is a Republican. He said, we have spent $400 billion, soon to 
be $500-and-some-billion dollars on this war. Can you just imagine, we 
could have covered all of our citizens for health care, we could have 
paid for everyone's college education, and, you know, gotten some stuff 
done in this country.
  Instead, we have $500 billion, we have well over 3,000 kids have 
gotten killed, adults and soldiers, some 25,000 maimed or injured and 
God knows how many innocent Iraqi civilians, many of them children.
  Ms. WASSERMAN SCHULTZ. As we conclude, the President is so stubborn 
and so ``my way or the highway,'' that his own definition of victory, 
the benchmarks that we have put in this bill, he is threatening to 
veto. That is what is mind-boggling, even when we insert his 
milestones. Still, that is not acceptable.
  If the gentleman would like to talk about our Web site.
  Mr. RYAN of Ohio. Our e-mail is [email protected] if any 
Members would like to e-mail us or visit us at www.speaker.gov/
30something, e-mail us, [email protected].
  Mr. MURPHY of Connecticut. The Web site now, Mr. Ryan, is updated.
  Mr. RYAN of Ohio. All of the new statistics from our budget will be 
on there, I am sure.
  I think this is an appropriate time to make the announcement of our 
key staffer for years and years and years here at the 30-something 
Working Group, Tom Manatos has gotten engaged. He is going to be 
married to a beautiful young Republican.
  Ms. WASSERMAN SCHULTZ. Who works at the White House.
  Mr. RYAN of Ohio. Who works at the White House, and the engagement, I 
guess, was blessed by the Greek Orthodox archbishop. How about that for 
off to a good start?
  Mr. MURPHY of Connecticut. The bipartisan spirit preached by the 30-
something working group put in practice.
  Ms. WASSERMAN SCHULTZ. Absorbed, even, by the 30-something 
leadership.
  Mr. RYAN of Ohio. Right up to the staff level.
  Mr. Speaker, we yield back the balance of our time.

                          ____________________




                            LEAVE OF ABSENCE

  By unanimous consent, leave of absence was granted to:
  Mr. Kanjorski (at the request of Mr. Hoyer) for today and the balance 
of the week on account of personal business.
  Mr. Lampson (at the request of Mr. Hoyer) for today and the balance 
of the week.
  Ms. Millender-McDonald (at the request of Mr. Hoyer) for today and 
March 27.
  Mr. Udall of New Mexico (at the request of Mr. Hoyer) for today and 
March 27.
  Mr. Wamp (at the request of Mr. Boehner) for today on account of 
attending his son's 20th birthday.

                          ____________________




                         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 Mr. Tanner) to revise and 
extend their remarks and include extraneous material:)
  Mr. Conyers, for 5 minutes, today.
  Ms. Woolsey, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Mrs. McCarthy of New York, for 5 minutes, today.
  Mr. Allen, for 5 minutes, today.
  (The following Members (at the request of Mr. Jones of North 
Carolina) to revise and extend their remarks and include extraneous 
material:)
  Mr. Poe, for 5 minutes, today and March 27, 28, and 29.
  Mr. Garrett of New Jersey, for 5 minutes, March 27.
  Ms. Granger, for 5 minutes, today.
  Mr. Franks of Arizona, for 5 minutes, today.
  Mr. Burton of Indiana, for 5 minutes, today and March 27, 28, and 29.

                          ____________________




                              ADJOURNMENT

  Ms. WASSERMAN SCHULTZ. Mr. Speaker, I move that the House do now 
adjourn.
  The motion was agreed to; accordingly (at 10 o'clock and 23 minutes 
p.m.), under its previous order, the House adjourned until tomorrow, 
Tuesday, March 27, 2007, at 10:30 a.m., for morning hour debate.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

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

       960. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Approval and promulgation of State 
     Plan for Designated Facilities and Pollutants; Florida: 
     Emissions Guidelines for Small Municipal Waste Combustion 
     Units [EPA-R04-OAR-2006 -0140-200605(a); FRL-8276-7] received 
     February 27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Energy and Commerce.
       961. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Approval and Promulgation of Air 
     Quality Implementation Plans; West Virginia; Amendments to 
     the Minor New Source Review Program [EPA-R03-OAR-2006-0915; 
     FRL-8276-3] received February 27, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       962. A letter from the Principal Deputy Associate 
     Administrator, Environmental Protection Agency, transmitting 
     the Agency's final rule -- Outer Continental Shelf Air 
     Regulations Consistency Update for Alaska [EPA-R10-OAR-2006-
     0377; FRL-8249-2] received February 27, 2007, pursuant to 5 
     U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
       963. A letter from the Office of Managing Director, AMD-
     PERM, Federal Communications Commission, transmitting the 
     Commission's final rule -- Amendment of Part 97 of the 
     Commission's Rules To Implement WRC-03 Regulations Applicable 
     to Requirements for Operator Licenses in the Amateur Radio 
     Service [WT Docket No. 05-235] Amendment of the Commisison's 
     Rules Governing the Amateur Radio Services [WT Docket No. 04-
     140] received February 27, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       964. A letter from the Office of Managing Director, AMD-
     PERM, Federal Communications Commission, transmitting the 
     Commission's final rule -- Rechannelization of

[[Page 7691]]

     the 17.7-19.7 GHz Frequency Band for Fixed Microwave Services 
     under Part 101 of the Commission's Rules [WT Docket No. 04-
     143] received February 27, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Energy and Commerce.
       965. A letter from the Office of Managing Director, AMD-
     PERM, Federal Communications Commission, transmitting the 
     Commission's final rule -- Petition of Mid-Rivers Telephone 
     Cooperative, Inc. for Order Declaring It to be an Incumbent 
     Local Exchange Carrier in Terry, Montana Pursuant to Section 
     251(h)(2) [WC Docket No. 02-78] received February 27, 2007, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy 
     and Commerce.
       966. A letter from the Office of Managing Director, AMD-
     PERM, Federal Communications Commission, transmitting the 
     Commission's final rule -- Communications Assistance for Law 
     Enforcement Act and Broadband Access and Services [ET Docket 
     No. 04-295; RM-10865] received February 27, 2007, pursuant to 
     5 U.S.C. 801(a)(1)(A); to the Committee on Energy and 
     Commerce.
       967. A letter from the Office of Managing Director, AMD-
     PERM, Federal Communications Commission, transmitting the 
     Commission's final rule -- Amendment of Section 73.202(b), 
     Table of Allotments, FM Broadcast Stations. (Hennessey, 
     Oklahoma) [MB Docket No. 05-85; RM-11164] received February 
     27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Energy and Commerce.
       968. A letter from the Office of Managing Director, AMD-
     PERM, Federal Communications Commission, transmitting the 
     Commission's final rule -- Amendment of Section 73.202(b), FM 
     Table of Allotments, FM Broadcast Stations (Opelika and 
     Waverly, Alabama) [MB Docket No. 05-79] Reclassification of 
     License of Station WSTR(FM), Smyrna, Georgia) received 
     February 27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the 
     Committee on Energy and Commerce.
       969. A letter from the Office of Managing Director, AMD-
     PERM, Federal Communications Commission, transmitting the 
     Commission's final rule -- Amendment of Section 73.202(b), 
     Table of Allotments, FM Broadcast Stations. (Hale Center, 
     Texas) [MB Docket No. 05-114; RM-1190] received February 27, 
     2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Energy and Commerce.
       970. A letter from the Office of Managing Director, AMD-
     PERM, Federal Communications Commission, transmitting the 
     Commission's final rule -- Amendment of Section 73.202(b), 
     Table of Allotments, FM Broadcast Stations. (Columbus, 
     Indiana) [MB Docket No. 05-238; RM-11260] received February 
     27, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee 
     on Energy and Commerce.
       971. A letter from the Acting SSA Regulations Officer, 
     Social Security Administration, transmitting the 
     Administration's final rule -- Optometrists as ``Acceptable 
     Medical Sources'' to Establish a Medically Determinable 
     Impairment.[Docket No. SSA-2006-0085] (RIN: 0960-AG05) 
     received February 27, 2007, pursuant to 5 U.S.C. 
     801(a)(1)(A); to the Committee on Ways and Means.

                          ____________________




         REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as 
follows:

       Mr. RANGEL: Committee on Ways and Means. H.R. 493. A bill 
     to prohibit discrimination on the basis of genetic 
     information with respect to health insurance and employment; 
     with an amendment (Rept. 110-28 Pt. 2). Ordered to be 
     printed.
       Mr. OBERSTAR: Committee on Transportation and 
     Infrastructure. H.R. 1019. A bill to designate the United 
     States customhouse building located at 31 Gonzalez Clemente 
     Avenue in Mayaguez, Puerto Rico, as the ``Rafael Martinez 
     Nadal United States Customhouse Building'' (Rept. 110-70). 
     Referred to the House Calendar.
       Mr. OBERSTAR. Committee on Transportation and 
     Infrastructure. H.R. 1138. A bill to designate the Federal 
     building and United States courthouse located at 306 East 
     Main Street in Elizabeth City, North Carolina, as the ``J. 
     Herbert W. Small Federal Building and United States 
     Courthouse'' (Rept. 110-71). Referred to the House Calendar.
       Mr. OBERSTAR. Committee on Transportation and 
     Infrastructure. H.R. 753. A bill to redesignate the Federal 
     building located at 167 North Main Street in Memphis, 
     Tennessee, as the ``Clifford Davis/Odell Horton Federal 
     Building''; with amendments (Rept. 110-72). Referred to the 
     House Calendar.
       Mr. HASTINGS of Florida. Committee on Rules. House 
     Resolution 269. Resolution providing for consideration of the 
     bill (H.R. 835) to reauthorize the programs of the Department 
     of Housing and Urban Development for housing assistance for 
     Native Hawaiians (Rept. 110-73). Referred to the House 
     Calendar.
       Mr. HASTINGS of Florida. Committee on Rules. House 
     Resolution 270. Resolution providing for consideration of the 
     bill (H.R. 1401) to improve the security of railroads, public 
     transportation, and over-the-road buses in the United States, 
     and for other purposes (Rept. 110-74). Referred to the House 
     Calendar.

                          ____________________




                    TIME LIMITATION OF REFERRED BILL

  Pursuant to clause 2 of rule XII the following action was taken by 
the Speaker:

       H.R. 493. Referral to the Committee on Energy and Commerce 
     extended for a period ending not later than March 29, 2007.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

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

           By Ms. BEAN (for herself, Mr. Frank of Massachusetts, 
             and Mr. Gillmor):
       H.R. 1675. A bill to suspend the requirements of the 
     Department of Housing and Urban Development regarding 
     electronic filing of previous participation certificates and 
     regarding filing of such certificates with respect to certain 
     low-income housing investors; to the Committee on Financial 
     Services.
           By Mr. BOREN (for himself, Mr. Frank of Massachusetts, 
             Mr. Renzi, and Mr. Kildee):
       H.R. 1676. A bill to reauthorize the program of the 
     Secretary of Housing and Urban Development for loan 
     guarantees for Indian housing; to the Committee on Financial 
     Services.
           By Mr. RANGEL (for himself and Mr. Lewis of Georgia):
       H.R. 1677. A bill to amend the Internal Revenue Code of 
     1986 to enhance taxpayer protections and outreach; to the 
     Committee on Ways and Means.
           By Mr. SMITH of New Jersey (for himself, Mr. Lantos, 
             Mr. Oberstar, Mr. Udall of Colorado, Mr. Michaud, Mr. 
             McGovern, Mr. Fortenberry, Mr. Pitts, Mr. Wolf, Ms. 
             McCollum of Minnesota, Mr. Berman, Mr. Emanuel, Mrs. 
             Maloney of New York, Mr. Rangel, Ms. Schakowsky, Mr. 
             DeFazio, Mr. Ackerman, Mr. McNulty, Ms. Watson, Mr. 
             Udall of New Mexico, Mr. Renzi, Mr. Grijalva, and Mr. 
             Payne):
       H.R. 1678. A bill to amend the Torture Victims Relief Act 
     of 1998 to authorize appropriations to provide assistance for 
     domestic and foreign programs and centers for the treatment 
     of victims of torture, and for other purposes; to the 
     Committee on Foreign Affairs, and in addition to the 
     Committee on Energy and Commerce, 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 Ms. ROS-LEHTINEN (for herself, Mr. Lincoln Diaz-
             Balart of Florida, Mr. Mario Diaz-Balart of Florida, 
             Mr. Burton of Indiana, Mr. Mahoney of Florida, Mr. 
             Sires, Mr. Mack, Mr. Pence, Mr. Bilirakis, Mr. 
             Buchanan, Ms. Wasserman Schultz, Mr. Fortuno, Mr. 
             McCotter, and Mr. Hastings of Florida):
       H.R. 1679. A bill to protect the environmental integrity of 
     coral reefs and other coastal marine resources from 
     exploration, development, and production activities for 
     petroleum resources located in a maritime exclusive economic 
     zone of the United States that is contiguous to a foreign 
     exclusive economic zone; to the Committee on the Judiciary, 
     and in addition to the Committees on Foreign Affairs, 
     Financial Services, and Oversight and Government Reform, 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. THOMPSON of Mississippi (for himself, Mr. King 
             of New York, Mr. Langevin, Mr. McCaul of Texas, Mr. 
             Etheridge, Mr. Dent, Ms. Loretta Sanchez of 
             California, and Ms. Jackson-Lee of Texas):
       H.R. 1680. A bill to authorize the Secretary of Homeland 
     Security to regulate the sale of ammonium nitrate to prevent 
     and deter the acquisition of ammonium nitrate by terrorists; 
     to the Committee on Homeland Security.
           By Mr. LANTOS (for himself, Ms. Ros-Lehtinen, Mr. 
             Flake, Ms. Jackson-Lee of Texas, Mr. Wexler, Mr. 
             Ackerman, Mr. Sires, and Mr. Scott of Georgia):
       H.R. 1681. A bill to amend the Congressional Charter of The 
     American National Red Cross to modernize its governance 
     structure, to enhance the ability of the board of governors 
     of The American National Red Cross to support the critical 
     mission of The American National Red Cross in the 21st 
     century, and for other purposes; to the Committee on Foreign 
     Affairs.
           By Mr. FRANK of Massachusetts (for himself, Mrs. 
             Biggert, Mr. Blumenauer, Ms. Waters, Mr. Taylor, Ms. 
             Matsui, Mr. Mahoney of Florida, Ms. Wasserman 
             Schultz, Mr. Baker, Mr. Gary G. Miller of California, 
             Mrs. Jo Ann Davis of Virginia, and Ms. Ginny Brown-
             Waite of Florida):

[[Page 7692]]


       H.R. 1682. A bill to restore the financial solvency of the 
     national flood insurance program, and for other purposes; to 
     the Committee on Financial Services.
           By Mr. HOEKSTRA (for himself, Mr. Stupak, Mr. Larsen of 
             Washington, Mr. Souder, Mr. Ehlers, Mr. Upton, Mr. 
             Boozman, Mr. McHugh, Mr. Gillmor, Mr. Chabot, Mr. Van 
             Hollen, Mr. McCotter, Ms. Kaptur, Mr. Ryan of Ohio, 
             Mr. Latham, Mr. Nunes, Mr. Radanovich, and Mr. Camp 
             of Michigan):
       H.R. 1683. A bill to amend the Public Health Service Act to 
     provide for community projects that will reduce the number of 
     individuals who are uninsured with respect to health care, 
     and for other purposes; to the Committee on Energy and 
     Commerce.
           By Mr. THOMPSON of Mississippi (for himself, Mr. King 
             of New York, Mr. Carney, Mr. Rogers of Alabama, Mr. 
             Etheridge, Mr. Langevin, Mr. Cuellar, Ms. Clarke, and 
             Ms. Loretta Sanchez of California):
       H.R. 1684. A bill to authorize appropriations for the 
     Department of Homeland Security for fiscal year 2008, and for 
     other purposes; to the Committee on Homeland Security.
           By Mr. PRICE of Georgia:
       H.R. 1685. A bill to protect information relating to 
     consumers, to require notice of security breaches, and for 
     other purposes; to the Committee on Financial Services, and 
     in addition to the Committees on Oversight and Government 
     Reform, and Energy and Commerce, 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. ETHERIDGE (for himself, Mr. Rogers of Alabama, 
             and Mr. Thompson of Mississippi):
       H.R. 1686. A bill to amend the Homeland Security Act to 
     require that uniforms, protective gear, badges, and 
     identification cards of personnel be manufactured in the 
     United States; to the Committee on Homeland Security.
           By Mr. KIND (for himself, Mr. Regula, Ms. Hooley, Mr. 
             Rogers of Alabama, Mr. Spratt, Mr. McDermott, Mr. 
             Inslee, Mr. Boswell, Mr. Towns, Mr. Sessions, Mr. 
             Gordon, Mr. Ortiz, Mr. LaTourette, Mr. Higgins, Mr. 
             Walsh of New York, Mr. Coble, Mr. Shays, Mr. Weller, 
             Mr. Kuhl of New York, Ms. Watson, Mr. Grijalva, Ms. 
             Lee, Mr. Carnahan, Mr. Mollohan, Mr. Price of North 
             Carolina, Mr. Nadler, Mr. Petri, Mr. Doyle, Ms. 
             Schakowsky, Mr. Israel, Ms. Sutton, and Ms. Baldwin):
       H.R. 1687. A bill to provide competitive grants for 
     training court reporters and closed captioners to meet 
     requirements for realtime writers under the 
     Telecommunications Act of 1996, and for other purposes; to 
     the Committee on Education and Labor.
           By Mr. SCOTT of Virginia:
       H.R. 1688. A bill to amend the Social Security Act to 
     provide health insurance coverage for children and pregnant 
     women throughout the United States by combining the children 
     and pregnant woman health coverage under Medicaid and SCHIP 
     into a new All Healthy Children Program, and for other 
     purposes; to the Committee on Energy and Commerce, and in 
     addition to the Committee on Rules, 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. KELLER:
       H.R. 1689. A bill to provide support to combat illegal 
     downloading on college and university campuses; to the 
     Committee on Education and Labor.
           By Mrs. LOWEY:
       H.R. 1690. A bill to improve airport screening and 
     security; to the Committee on Homeland Security.
           By Mrs. LOWEY (for herself, Mr. Shays, Mr. Crowley, Mr. 
             DeFazio, Mr. Grijalva, Mr. Frank of Massachusetts, 
             Ms. Berkley, and Mr. McNulty):
       H.R. 1691. A bill to end the use of conventional steel-
     jawed leghold traps on animals in the United States; to the 
     Committee on Energy and Commerce, and in addition to the 
     Committees on Ways and Means, Foreign Affairs, and 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. PALLONE:
       H.R. 1692. A bill to fight criminal gangs; to the Committee 
     on the Judiciary, and in addition to the Committees on 
     Education and Labor, and Financial Services, 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. PAYNE (for himself, Mr. Cohen, Ms. Sutton, Mr. 
             Sires, Mrs. Lowey, Ms. Jackson-Lee of Texas, Mr. 
             Johnson of Georgia, and Mr. Clay):
       H.R. 1693. A bill to authorize National Mall Liberty Fund 
     D.C. to establish a memorial on Federal land in the District 
     of Columbia at Constitution Gardens previously approved to 
     honor free persons and slaves who fought for independence, 
     liberty, and justice for all during the American Revolution; 
     to the Committee on Natural Resources.
           By Mr. REICHERT:
       H.R. 1694. A bill to improve the financial assistance 
     provided to State, local, and tribal governments by expanding 
     the eligible use of funding under the Homeland Security Grant 
     Program to include costs related to staff and law enforcement 
     analysts engaged in information and intelligence sharing 
     activities; to the Committee on Homeland Security.
           By Mr. REICHERT:
       H.R. 1695. A bill to establish a National Commission on the 
     Prevention of Radicalization, to enhance information sharing, 
     and for other purposes; to the Committee on the Judiciary, 
     and in addition to the Committee on Homeland Security, 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. REYES:
       H.R. 1696. A bill to amend the Ysleta del Sur Pueblo and 
     Alabama and Coushatta Indian Tribes of Texas Restoration Act 
     to allow the Ysleta del Sur Pueblo tribe to determine blood 
     quantum requirement for membership in that Tribe; to the 
     Committee on Natural Resources.
           By Mr. ROGERS of Alabama (for himself, Mr. David Davis 
             of Tennessee, and Mr. Jindal):
       H.R. 1697. A bill to establish a Rural Policing Institute 
     within the Federal Law Enforcement Training Center of the 
     Department of Homeland Security to develop and provide for 
     training programs for rural law enforcement agencies; to the 
     Committee on the Judiciary.
           By Ms. SCHAKOWSKY (for herself, Mrs. McCarthy of New 
             York, and Mr. Grijalva):
       H.R. 1698. A bill to direct the Consumer Product Safety 
     Commission to promulgate a consumer product safety standard 
     for each durable infant or toddler product, and for other 
     purposes; to the Committee on Energy and Commerce.
           By Ms. SCHAKOWSKY (for herself and Mr. Upton):
       H.R. 1699. A bill to direct the Consumer Product Safety 
     Commission to require certain manufacturers to provide 
     consumer product registration forms to facilitate recalls of 
     durable infant and toddler products; to the Committee on 
     Energy and Commerce.
           By Mr. WEINER (for himself, Mr. Scott of Virginia, and 
             Mr. Keller):
       H.R. 1700. A bill to amend the Omnibus Crime Control and 
     Safe Streets Act of 1968 to enhance the COPS ON THE BEAT 
     grant program, and for other purposes; to the Committee on 
     the Judiciary.
           By Mr. WELDON of Florida (for himself, Mr. Nunes, and 
             Mr. Shays):
       H.R. 1701. A bill to amend the Internal Revenue Code of 
     1986 to provide an exemption from the harbor maintenance tax 
     for certain shipping between United States mainland ports; to 
     the Committee on Ways and Means.
           By Ms. WOOLSEY (for herself, Ms. Lee, Mr. Kucinich, Ms. 
             Jackson-Lee of Texas, Ms. Kilpatrick, Ms. Schakowsky, 
             Mr. Grijalva, Mr. Serrano, Mr. Stark, Mr. Becerra, 
             Ms. Carson, Mrs. Christensen, Mr. Ellison, Mr. 
             Filner, Mr. Gutierrez, Mr. Hinchey, Mr. Honda, Ms. 
             Kaptur, Mr. McDermott, Mr. McGovern, Mr. Rush, Ms. 
             Solis, and Ms. Watson):
       H.R. 1702. A bill to reallocate funds toward sensible 
     priorities such as improved children's education, increased 
     children's access to health care, expanded job training, and 
     increased energy efficiency and conservation through a 
     reduction of wasteful defense spending, and for other 
     purposes; to the Committee on Armed Services, and in addition 
     to the Committees on Energy and Commerce, Education and 
     Labor, Homeland Security, Foreign Affairs, and Veterans' 
     Affairs, 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. YOUNG of Alaska:
       H.R. 1703. A bill to establish a coordinated avalanche 
     protection program, and for other purposes; to the Committee 
     on Natural Resources, and in addition to the Committees on 
     Agriculture, and Oversight and Government Reform, 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. LANTOS (for himself, Mr. Fortenberry, Ms. Ros-
             Lehtinen, Mr. Payne, Mr. Smith of New Jersey, Mr. 
             Hastings of Florida, Mr. Royce, Mr. Jackson of 
             Illinois, Mr. Pitts, Mr. Moran of Virginia, Mr. 
             Doolittle, Ms. Watson, Mr. Fortuno, Mr. Rush, Mr. 
             Scott of Georgia, Mr. Kennedy, Mr. Berman, Ms. 
             Jackson-Lee of Texas, Mr. Wexler, Mr. Engel, Mr. 
             Fattah, Ms. Corrine Brown of Florida, Mr. Jefferson, 
             Mr. Smith of Washington, Mr. Abercrombie, Mr. Udall 
             of Colorado, Ms. Woolsey, Mr. Burton of Indiana, Mr. 
             Sherman and Mr. Blaumenauer:)

[[Page 7693]]


       H. Con. Res. 100. A concurrent resolution condemning the 
     recent violent actions of the Government of Zimbabwe against 
     peaceful opposition party activists and members of civil 
     society; to the Committee on Foreign Affairs.
           By Ms. SHEA-PORTER (for herself, Mrs. Davis of 
             California, Ms. Lee, Mr. Rodriguez, Ms. Schwartz, Mr. 
             Towns, and Mrs. Jones of Ohio):
       H. Res. 266. A resolution supporting the goals and ideals 
     of Professional Social Work Month and World Social Work Day; 
     to the Committee on Education and Labor.
           By Mr. KIRK (for himself, Mr. Andrews, Mr. Scott of 
             Georgia, Mr. Tim Murphy of Pennsylvania, Mr. Sestak, 
             Mr. Klein of Florida, Mr. Crowley, Mr. Engel, Mr. 
             Wexler, Mr. Sires, Ms. Linda T. Sanchez of 
             California, Mr. Boozman, Mr. Chabot, Mr. Mack, Mr. 
             Burton of Indiana, Mr. McCotter, Mr. Hastings of 
             Florida, Mr. Boustany, Mr. Patrick Murphy of 
             Pennsylvania, Mr. Shimkus, Mr. Cantor, Mr. English of 
             Pennsylvania, Mr. Israel, Mr. Miller of Florida, Mr. 
             Carnahan, Ms. Bean, Mr. Barrow, Ms. Wasserman 
             Schultz, Mr. Melancon, Mr. LoBiondo, Mr. Conaway, Mr. 
             Lynch, Mr. Mahoney of Florida, Mr. McNerney, Mr. 
             Fossella, Mr. Kuhl of New York, Mr. Sessions, Mr. 
             Pence, Mr. Garrett of New Jersey, Mr. Lincoln Diaz-
             Balart of Florida, Mr. Platts, Mrs. Blackburn, Mr. 
             Buchanan, Mr. Shuster, Mr. Porter, Mr. Knollenberg, 
             Mr. Feeney, Mr. Cannon, Mr. Mario Diaz-Balart of 
             Florida, Mr. Campbell of California, Mr. Goodlatte, 
             Ms. Schakowsky, Mr. Culberson, Mr. Crenshaw, Mrs. 
             Tauscher, Mrs. Miller of Michigan, Mr. Renzi, Mr. 
             Young of Florida, Ms. Giffords, and Mr. Jordan):
       H. Res. 267. A resolution calling for the immediate and 
     unconditional release of British marines and sailors held 
     captive by Iran, and for other purposes; to the Committee on 
     Foreign Affairs.
           By Mr. McINTYRE (for himself and Mr. Pitts):
       H. Res. 268. A resolution supporting responsible 
     fatherhood, promoting marriage, and encouraging greater 
     involvement of fathers in the lives of their children, 
     especially on Father's Day; to the Committee on Education and 
     Labor.
           By Mr. BURGESS:
       H. Res. 271. A resolution recognizing the heroism and 
     sacrifice of Medal of Honor recipients, commending the 
     efforts of the Medal of Honor Host City Program in 
     Gainesville, Texas, to celebrate and honor the contributions 
     of Medal of Honor recipients, and encouraging the expansion 
     of the program; to the Committee on Armed Services.
           By Ms. LEE (for herself, Mr. Payne, Mr. Hastings of 
             Florida, Mr. McDermott, Mr. Rangel, Ms. Linda T. 
             Sanchez of California, Mr. Butterfield, Mr. Schiff, 
             Mr. Ellison, Mr. Fattah, Mr. Lewis of Georgia, Mr. 
             Grijalva, Mr. Serrano, Mr. Engel, Mr. Davis of 
             Illinois, and Ms. Kilpatrick):
       H. Res. 272. A resolution commemorating the 200th 
     anniversary of the abolition of the transatlantic slave 
     trade; to the Committee on Foreign Affairs.

                          ____________________




                     PRIVATE BILLS AND RESOLUTIONS

  Under clause 3 of rule XII,

       Mr. STUPAK introduced a bill (H.R. 1704) for the relief of 
     Robert and Verda Shatusky; which was referred to the 
     Committee on the Judiciary.

                          ____________________




                          ADDITIONAL SPONSORS

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

       H.R. 20: Mr. Waxman.
       H.R. 23: Mr. Space, Ms. Harman, Mr. Shays, Mr. Pascrell, 
     Mrs. Blackburn, Mr. Miller of Florida, Mr. Walz of Minnesota, 
     Mr. Olver, Mr. Stark, Mr. Westmoreland, Mr. David Davis of 
     Tennessee, Mr. King of New York, Mr. Brown of South Carolina, 
     and Mr. Peterson of Minnesota.
       H.R. 39: Ms. Shea-Porter.
       H.R. 45: Mr. McGovern, Mr. Burgess, and Ms. Schakowsky.
       H.R. 66: Mr. Scott of Georgia, Mr. Miller of North 
     Carolina, and Mr. Butterfield.
       H.R. 74: Mr. Latham and Mr. Blumenauer.
       H.R. 89: Mr. Reyes.
       H.R. 146: Ms. Giffords.
       H.R. 191: Mr. Doolittle.
       H.R. 192: Mr. Doolittle.
       H.R. 193: Mr. Bartlett of Maryland.
       H.R. 234: Mr. Waxman, and Mr. McNerney.
       H.R. 303: Mr. Wolf, Ms. Harman, Mr. Scott of Georgia, Mr. 
     David Davis of Tennessee, Mr. Courtney, Mrs. Emerson, and Mr. 
     Olver.
       H.R. 315: Mr. Hastings of Washington.
       H.R. 359: Mr. Sherman and Mr. Berman.
       H.R. 368: Mr. Goode, Mr. Altmire, Mr. Renzi, Mr. Towns, Mr. 
     Roskam, Mr. Kennedy, Ms. Loretta Sanchez of California, Mr. 
     Michaud, Mr. Cleaver, Mr. Rothman, Mr. Bachus, and Mr. 
     Capuano.
       H.R. 410: Mr. Towns.
       H.R. 418: Mr. Porter.
       H.R. 462: Mr. Bartlett of Maryland.
       H.R. 463: Mr. Courtney.
       H.R. 473: Mrs. McMorris Rodgers and Mr. Platts.
       H.R. 477: Ms. McCollum of Minnesota, Mr. Jindal, and Mr. 
     Yarmuth.
       H.R. 493: Mr. Davis of Alabama and Mr. Hill.
       H.R. 550: Mr. Ehlers, Mr. Moore of Kansas, Mr. Wolf, Ms. 
     Eshoo, Mr. Doggett, Ms. Berkley, Mr. Larson of Connecticut, 
     Mr. Holt, Mr. Doolittle, Mrs. Wilson of New Mexico, and Mr. 
     Smith of New Jersey.
       H.R. 552: Mr. Gilchrest, Mr. Holden, and Mr. Doyle.
       H.R. 620: Mr. Sarbanes.
       H.R. 649: Mr. Porter.
       H.R. 657: Mr. Pastor and Mr. Miller of Florida.
       H.R. 661: Mr. Pascrell and Mr. Larson of Connecticut.
       H.R. 670: Mr. Wilson of South Carolina.
       H.R. 684: Ms. Hirono.
       H.R. 695: Mr. Holt, Mr. McCotter, Mr. Moore of Kansas, and 
     Mrs. Emerson.
       H.R. 699: Mrs. Bachmann and Mr. LoBiondo.
       H.R. 704: Mr. Miller of Florida.
       H.R. 718: Mr. McIntyre, Mr. Braley of Iowa, Mr. Shuler, Mr. 
     Jones of North Carolina, Mr. Baird, Mr. Courtney, Mr. 
     Blumenauer, and Mr. Filner.
       H.R. 727: Mr. Boustany.
       H.R. 748: Mr. Oberstar, Mr. Hall of Texas, and Mr. Farr.
       H.R. 758: Mrs. Capps.
       H.R. 760: Mr. Lampson.
       H.R. 808: Mr. Markey.
       H.R. 816: Ms. Berkley.
       H.R. 819: Mrs. Biggert and Mrs. Gillibrand.
       H.R. 869: Ms. Zoe Lofgren of California.
       H.R. 881: Mr. Goode.
       H.R. 901: Mr. Boucher.
       H.R. 913: Ms. Ros-Lehtinen.
       H.R. 943: Mr. Abercrombie, Mr. Wexler, Mr. LoBiondo, Ms. 
     Kaptur, Mr. Holden, and Mr. Payne.
       H.R. 971: Mr. Edwards, Mr. Jindal, Ms. Slaughter, and Mr. 
     Stupak.
       H.R. 997: Mr. McKeon, Mr. Gilchrest, Mrs. Miller of 
     Michigan, Mr. McCrery, Mr. Bishop of Utah, Mr. Royce, Mr. 
     Davis of Kentucky, and Mr. Rogers of Kentucky.
       H.R. 1038: Mr. Thornberry, Ms. Norton, Mr. Holden, and Mr. 
     Cohen.
       H.R. 1042: Mr. Flake.
       H.R. 1051: Ms. Schakowsky.
       H.R. 1056: Mr. Bartlett of Maryland.
       H.R. 1058: Mr. Bartlett of Maryland.
       H.R. 1061: Mr. Baird and Ms. Baldwin.
       H.R. 1063: Mr. Marshall and Mr. Alexander.
       H.R. 1073: Mr. Price of North Carolina, Mr. Holt, Mrs. 
     Miller of Michigan, Ms. Schakowsky, Mr. Murtha, Mr. McGovern, 
     and Ms. Linda T. Sanchez of California.
       H.R. 1074: Mr. Hill and Ms. Linda T. Sanchez of California.
       H.R. 1078: Mr. Moran of Virginia, Mr. Rothman, Mr. Wexler, 
     and Mr. Israel.
       H.R. 1093: Mr. Boustany, Ms. Wasserman Schultz, Mr. Mica, 
     and Ms. Corrine Brown of Florida.
       H.R. 1094: Mr. Alexander.
       H.R. 1103: Mr. Grijalva, Mr. Serrano, Ms. Jackson-Lee of 
     Texas, and Mr. Kucinich.
       H.R. 1108: Mr. Marshall and Mr. Crowley.
       H.R. 1117: Mr. Cummings, Mr. Hodes, and Ms. Shea-Porter.
       H.R. 1120: Mr. Walberg, Mr. Carney, Mr. Patrick Murphy of 
     Pennsylvania, Mr. Cole of Oklahoma, Mr. McCarthy of 
     California, Mr. Gingrey, Mr. Price of Georgia, and Mr. Terry.
       H.R. 1121: Mr. Miller of Florida.
       H.R. 1122: Mr. Miller of Florida.
       H.R. 1139: Mr. Dreier and Mrs. Napolitano.
       H.R. 1146: Mr. Sam Johnson of Texas.
       H.R. 1157: Mr. Smith of New Jersey, Mrs. Schmidt, Mr. 
     Kanjorski, Mr. Latham, and Mr. Rodriguez.
       H.R. 1187: Ms. McCollum of Minnesota.
       H.R. 1216: Mr. Moran of Kansas, Mrs. McCarthy of New York, 
     Mr. Israel, and Mr. Wexler.
       H.R. 1222: Mr. Boswell, Mr. Marshall, and Mr. Nadler.
       H.R. 1223: Mr. Boswell and Mr. Nadler.
       H.R. 1225: Mr. Levin.
       H.R. 1228: Mr. Nadler.
       H.R. 1246: Mr. Price of North Carolina.
       H.R. 1250: Mr. Pearce.
       H.R. 1280: Mr. Filner and Mr. Larson of Connecticut.
       H.R. 1281: Mrs. Napolitano and Mr. Levin.
       H.R. 1289: Mr. Grijalva.
       H.R. 1314: Mr. Wicker, Mr. Brown of South Carolina, Mr. 
     Bilirakis, Mr. King of Iowa, and Mr. Crenshaw.
       H.R. 1324: Mr. Miller of Florida.
       H.R. 1330: Ms. Giffords and Mrs. Emerson.
       H.R. 1346: Mr. Waxman and Mr. Nadler.
       H.R. 1347: Ms. Shea-Porter.
       H.R. 1353: Mr. Israel and Mr. Wexler.
       H.R. 1363: Mr. McDermott, Mr. Nadler, and Ms. Sutton.
       H.R. 1380: Mr. McDermott.
       H.R. 1391: Ms. Jackson-Lee of Texas and Mr. Israel.

[[Page 7694]]


       H.R. 1392: Ms. Ginny Brown-Waite of Florida.
       H.R. 1413: Mrs. McCarthy of New York.
       H.R. 1422: Mr. Rahall and Mr. Blumenauer.
       H.R. 1434: Mr. Kagen, Ms. Moore of Wisconsin, Mr. Moran of 
     Virginia, Mr. Moore of Kansas, Ms. Jackson-Lee of Texas, Ms. 
     Bordallo, and Mr. Wolf.
       H.R. 1441: Mr. Berman, Mr. Baird, and Mr. Wexler.
       H.R. 1448: Mr. Grijalva and Mr. Wexler.
       H.R. 1469: Mr. Costello, Mr. Scott of Georgia, Ms. Hooley, 
     Mr. Wexler, Mr. Wu, and Mr. DeFazio.
       H.R. 1474: Mr. Wolf, Mr. McIntyre, Mr. Bonner, Mr. Moore of 
     Kansas, and Mr. Marshall.
       H.R. 1479: Mr. Nadler.
       H.R. 1493: Mrs. Miller of Michigan.
       H.R. 1498: Mr. Gordon.
       H.R. 1506: Mr. Payne, Mr. McNulty, Mr. Taylor, Mr. Moran of 
     Virginia, Mr. Smith of Washington, Mr. Schiff, Ms. Baldwin, 
     Mr. Rothman, Mr. Hinchey, and Mr. Nadler.
       H.R. 1524: Mr. Levin.
       H.R. 1543: Mr. Holden, and Ms. Ros-Lehtinen.
       H.R. 1551: Mr. Rangel, Mr. Rothman, Mr. Israel, and Mr. 
     McHugh.
       H.R. 1554: Mr. Paul.
       H.R. 1560: Mr. Wexler, Mr. Waxman, Mr. Filner, and Mr. 
     LoBiondo.
       H.R. 1565: Mr. Frank of Massachusetts.
       H.R. 1566: Mr. Serrano.
       H.R. 1576: Mr. Schiff, Mrs. Miller of Michigan, Mr. 
     Dingell, and Mr. Platts.
       H.R. 1586: Ms. Foxx, Mrs. Drake, Mr. Smith of Texas, Mr. 
     Shimkus, Mr. Gerlach, Mr. Garrett of New Jersey, Mr. Gary G. 
     Miller of California, Mr. Wamp, Mr. Radanovich, Mr. Turner, 
     Mr. Hensarling, Mr. Boozman, and Mr. Jordan.
       H.R. 1588: Mr. McNulty.
       H.R. 1595: Mr. George Miller of California, Mr. Lantos, Mr. 
     Scott of Virginia, Ms. Velazquez, Ms. Loretta Sanchez of 
     California, Mr. Rodriguez, Ms. Berkley, Mrs. Napolitano, Ms. 
     Schakowsky, Mr. Udall of Colorado, Mr. Wu, Mrs. Davis of 
     California, Mr. Miller of Florida, and Mr. Butterfield.
       H.R. 1633: Mr. Cohen.
       H.R. 1640: Mr. Blunt and Mr. Turner.
       H.R. 1645: Mr. Honda and Ms. Velazquez.
       H.R. 1660: Mr. Udall of Colorado and Mr. Perlmutter.
       H.J. Res. 12: Mr. Jindal.
       H.J. Res. 14: Mr. Smith of Washington.
       H.J. Res. 37: Ms. Schakowsky.
       H.J. Res. 39: Mr. McCotter, Mr. Farr, and Mr. Cohen.
       H. Con. Res. 28: Mr. Lampson.
       H. Con. Res. 37: Mr. Sessions.
       H. Con. Res. 49: Mr. Pearce, Mr. Watt, Mr. Porter, and Mr. 
     Boren.
       H. Con. Res. 60: Mr. Boyd of Florida.
       H. Con. Res. 68: Mr. Arcuri, Mr. Pascrell, Mr. Lantos, Mrs. 
     Bono, Mr. Pallone, Mr. Ferguson, Mr. Capuano, Mr. Ryan of 
     Ohio, Mr. Serrano, Mr. King of New York, and Mr. Davis of 
     Illinois.
       H. Con. Res. 75: Mr. Johnson of Georgia.
       H. Con. Res. 85: Mr. Hastings of Florida.
       H. Con. Res. 87: Mr. Gallegly, Mr. Klein of Florida, Mrs. 
     Lowey, Mr. Wolf, Mr. Shuler, and Mr. Wynn.
       H. Con. Res. 92: Mr. Wexler.
       H. Res. 20: Mr. Doggett.
       H. Res. 37: Mr. Becerra.
       H. Res. 55: Mrs. Napolitano and Mr. Fattah.
       H. Res. 100: Mr. Oberstar.
       H. Res. 119: Ms. Hirono, Mr. Inglis of South Carolina, and 
     Mr. Peterson of Minnesota.
       H. Res. 121: Mr. Jefferson, Mr. Fattah, Mr. Engel, Mr. 
     English of Pennsylvania, Mr. Holden, Mr. Larson of 
     Connecticut, and Mr. Doyle.
       H. Res. 154: Mr. Meeks of New York, Mr. Doyle, and Ms. 
     Jackson-Lee of Texas.
       H. Res. 158: Mr. Tancredo and Mr. Crenshaw.
       H. Res. 169: Mr. Ellsworth.
       H. Res. 179: Mrs. Wilson of New Mexico, Ms. Norton, Mr. 
     Lincoln Davis of Tennessee, Mr. Nadler, Mr. Souder, Mr. 
     Payne, Mr. McIntyre, Mr. Stark, Mr. Emanuel, and Mr. Shuler.
       H. Res. 196: Mr. Baird.
       H. Res. 197: Mr. Stark.
       H. Res. 221: Mr. Watt.
       H. Res. 231: Mrs. Bachmann and Mr. Miller of Florida.
       H. Res. 233: Mr. Lewis of Georgia.
       H. Res. 235: Mr. Engel, Mrs. Tauscher, Mr. Israel, Mr. 
     Burton of Indiana, Mr. McNulty, Mr. Brown of South Carolina, 
     Mr. Berman, Mr. Weiner, Mr. Towns, Ms. Corrine Brown of 
     Florida, and Mr. Boyd of Florida.
       H. Res. 243: Mr. Moran of Virginia.
       H. Res. 250: Mrs. Bachmann, Mr. Hastert, Mr. Cannon, Mr. 
     Rogers of Michigan, Mr. Burton of Indiana, Mr. Smith of 
     Texas, Mr. Gingrey, Mr. Pitts, Mr. Sensenbrenner, and Mr. 
     Campbell of California.
       H. Res. 259: Mr. Salazar, Mr. Saxton, Mr. Kuhl of New York, 
     Ms. Schakowsky, Mr. Stupak, Mr. Blumenauer, Mr. Bishop of 
     Georgia, Mr. Shays, and Mr. Matheson.
       H. Res. 264: Mr. Tom Davis of Virginia.

                          ____________________




    CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF 
                                BENEFITS

  Under clause 9 of rule XXI, lists or statements on congressional 
earmarks, limited tax benefits, or limited tariff benefits were 
submitted as follows:

                    The Honorable James L. Oberstar,

                        Compliance with Rule XI

       Pursuant to clause 9 of rule XXI of the Rules of the House 
     of Representatives, the Committee is required to include a 
     list of congressional earmarks, limited tax benefits, or 
     limited tariff benefits as defined in clause 9(d), 9(e), or 
     9(f) of rule XXI of the Rules of the House of 
     Representatives. It is not clear if the definition of 
     ``congressional earmark'' under clause 9(d) of rule XXI 
     applies to technical corrections to SAFETEA-LU projects 
     because these technical corrections do not provide new budget 
     authority for such projects.
       However, in the interests of full disclosure and 
     transparency, the Committee has required Members of Congress 
     to comply with all requirements of clause 9(d), 9(e), or 9(f) 
     of rule XXI. The table included in House Report 110-62 
     provides a list of such provisions included in the bill. The 
     following table provides a list of such additional provisions 
     included in the bill, as amended, that the House of 
     Representatives considers today:

----------------------------------------------------------------------------------------------------------------
        H.R. 1195 Section           SAFETEA-LU Section    Legislative provision            Requested by
----------------------------------------------------------------------------------------------------------------
Sec. 105(a)(232).................  Sec. 1702(2193)....  In item number 2193 by    Adam Schiff.
                                                         striking the project
                                                         description and by
                                                         inserting ``710 Freeway
                                                         Study to
                                                         comprehensively
                                                         evaluate the technical
                                                         feasibility of a tunnel
                                                         alternative to close
                                                         the 710 Freeway gap,
                                                         considering all
                                                         practicable routes, in
                                                         addition to any
                                                         potential route
                                                         previously considered,
                                                         and with no funds to be
                                                         used for preliminary
                                                         engineering or
                                                         environmental review
                                                         except to the extent
                                                         necessary to determine
                                                         feasibility''.
Sec. 105(a)(233).................  Sec. 1702(2445)....  In item number 2445 by    Timothy H. Bishop.
                                                         striking the project
                                                         description and by
                                                         inserting ``$600,000
                                                         for road and pedestrian
                                                         safety improvements on
                                                         Main Street in the
                                                         Village of Patchogue;
                                                         $900,000 for road and
                                                         pedestrian safety
                                                         improvements on Montauk
                                                         Highway, between NYS
                                                         Route 112 and Suffolk
                                                         County Road 101 in
                                                         Suffolk County''.
Sec. 105(a)(234).................  Sec. 1702(346).....  In item number 346 by     Howard L. Berman.
                                                         striking the project
                                                         description and by
                                                         inserting ``Hansen Dam
                                                         Recreation Area access
                                                         improvements including
                                                         hillside stabilization
                                                         and parking lot
                                                         rehabilitation along
                                                         Osborne Street between
                                                         Glenoaks Boulevard and
                                                         Dronfield Avenue''.
Sec. 105(a)(235).................  Sec. 1702(449).....  In item number 449 by     Tim Murphy.
                                                         striking the project
                                                         description and
                                                         inserting ``Route 30
                                                         and Mount Pleasant Road
                                                         Interchange Safety
                                                         Improvements,
                                                         Westmoreland County,
                                                         install light
                                                         installations at
                                                         intersection and
                                                         consolidate entrances
                                                         and exits to Route 30''.
Sec. 110(3)......................  Sec. 1934(c)(451)..  By striking item number   Luis G. Fortuno.
                                                         451.
Sec. 110(4)......................  Sec. 1934(c)(452)..  In item number 452 by     Luis G. Fortuno.
                                                         striking ``$2,000,000''
                                                         and inserting
                                                         ``$3,000,000''..
Sec. 201(o)(4)(A)(xii)...........  Sec. 3044(a)(57)...  In item number 57 by      Mike McIntyre.
                                                         striking the project
                                                         description and
                                                         inserting ``Wilmington,
                                                         NC, maintenance/
                                                         operations and
                                                         administration/transfer
                                                         facilities''.
Sec. 201(o)(6)...................  Sec. 3043(b)(33)...  San Gabriel Valley--Gold  Adam Schiff and David Dreier.
                                                         Line Foothill Extension
                                                         Phase II.--In
                                                         evaluating the local
                                                         share of the San
                                                         Gabriel Valley--Gold
                                                         Line Foothill Extension
                                                         Phase II project
                                                         authorized by section
                                                         3043(b)(33) of such Act
                                                         (119 Stat. 1642) in the
                                                         new starts rating
                                                         process, the Secretary
                                                         of Transportation shall
                                                         give consideration to
                                                         project elements of the
                                                         San Gabriel Valley--
                                                         Gold Line Foothill
                                                         Extension Phase I
                                                         project advanced with
                                                         100 percent non-Federal
                                                         funds.
----------------------------------------------------------------------------------------------------------------



[[Page 7695]]

                          EXTENSIONS OF REMARKS
                          ____________________


                      A TRIBUTE TO AGNES E. GREEN

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. Madam Speaker, I rise today to pay tribute to Agnes E. 
Green. Agnes E. Green is the eldest of seven children born to David and 
Agnes Cokley, and the mother of one son, Eric. She is currently the 
Assistant Director of Public Affairs at Spring Creek Towers and the 
Editor-in-Chief of its newspaper, The Spring Creek Sun.
  Born and raised in Brooklyn's Bedford-Stuyvesant and now a resident 
of Prospect Heights, Agnes is an activist who possesses a strong desire 
to obtain the greatest good for her community.
  While living in Crown Heights where her son was raised, she became 
active in the parent associations and often served as president. Her 
leadership was rewarded and she became a member on the Executive Board 
of the citywide United Parents Association and later the Board 
President.
  As a parent leader, Agnes gained a reputation as an independent, 
outspoken voice for all children's entitlement to a quality education 
and parents' rights to participate in their education. Because of her 
advocacy, she was asked by leaders of the CSD 17 Presidents' Council to 
represent them in the race for a seat on Community School Board 17. 
With the collective energy of parents and community support, she was 
elected in 1983 and in every Board election thereafter, until the New 
York City School Board was dissolved in 2004.
  As a first term Board member, Agnes surprised many by becoming 
President of the CSB 17 and held other officer and committee chair 
positions throughout her 17 years as an elected school official.
  She was appointed by Mayor Edward I. Koch to serve on the newly 
created AIDS panel for school-aged children in August 1985. She was the 
first parent representative to serve during one of the most contentious 
periods in the City's public school history. The panel reviewed the 
medical status and family history of children diagnosed HIV positive.
  The end of the School Board did not diminish Agnes' commitment to 
urging the improvement of public school education. She is a founding 
member of Black New Yorkers for Educational Excellence, a citywide 
progressive organization whose mission is to actively work for 
education as a means of liberation.
  Agnes, an honor student throughout public school, was also Bushwick 
High School's first Black and first female to be elected President of 
the Student Government Association. Her college education began at 
Brooklyn College and formally ended at New York University where she 
majored in Broadcast Journalism and minored in English literature.
  After attending NYU, Agnes was hired by WCBS Newsradio 88 where she 
worked for 19 years. She began as a News Desk Assistant and quickly 
rose to Chief News Desk Assistant. Through her many years at WCBS Radio 
she won numerous awards.
  Agnes is currently the producer and host of Everyday People and 
Everyday Voices aired monthly on Brooklyn Community Access Television.
  Her passions include outdoor music concerts, jazz festivals, live 
theatrical productions, taking photos, and collecting Black 
memorabilia.
  Madam Speaker, I would like to recognize this outstanding journalist 
for all of her work.
  Madam Speaker, I urge my colleagues to join me in paying tribute to 
Agnes E. Green.

                          ____________________




                    PAYING TRIBUTE TO MAUREEN CLARK

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. PORTER. Madam Speaker, I rise today to honor and congratulate 
Mrs. Maureen Clark for being awarded National Board Certification in 
Career and Technical Education Communication Arts by the National Board 
for Professional Teaching Standards.
  Maureen is 1 of 2 educators at Foothill High School in Henderson, 
Nevada to become nationally certified. National Board Certification is 
a process that requires 1 to 3 years of preparation and testing. 
Maureen completed an extensive portfolio of assignments, essays, and 
videotapes as well as tests which assessed her knowledge of the 
individual subjects she teaches. Once obtaining National Board 
Certification, a teacher is given the highest honor of professional 
teaching excellence. Only 116 of more than 20,000 teachers in the Clark 
County School District, less than 1 percent, have earned this 
distinction.
  Mrs. Clark has a long and distinguished career as an educator. She 
received her Bachelor's Degree in Art Education from the University of 
Minnesota, Minneapolis and a Master's in Art Education from Northern 
Arizona University. She is an 18-year veteran teacher, teaching the 
last 7 years at Foothill High School. She currently teaches classes in 
Computer Graphics, Website Science, and Computer Graphic and 3D 
Animation. It is said that Mrs. Clark's classes are in high demand by 
Foothill students and her teaching approaches are described as 
innovative and exciting. After school, Mrs. Clark is the adviser for 
SkillsUSA, a club and national organization that prepares students for 
college by training them in technical, skilled, and service 
occupations. Under her advisement, SkillsUSA has competed and earned 
numerous state awards for its technology innovations. Maureen has made 
a profound difference in our community and we are most fortunate to 
have this leadership which positively impacts student achievement.
  Madam Speaker, I am proud to honor Maureen Clark. Her efforts to 
improve the educational experiences of the student at Foothill High 
School are commendable. I congratulate her on her much deserved 
recognition and I wish her continued success.

                          ____________________




                      A TRIBUTE TO LILLIAN ROBERTS

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. Madam Speaker, I rise to pay tribute to Ms. Lillian 
Roberts. Lillian Roberts is currently the Executive Director of 
District Council 37 of the AFSCME, AFL-CIO union. She represents 
121,000 public workers in New York City, 50,000 of them retirees, 1,000 
titles and 56 locals. She is also Vice President of the New York State 
AFL-CIO, Vice President of the NYC Central Labor Council and Secretary 
of the Municipal Labor Committee.
  Lillian became a union activist as a Nurse's Aide working in a 
Chicago hospital in the 1950s. She spearheaded the creation of five 
locals and led an organizing drive at four Chicago hospitals.
  Lillian came to New York City, built DC 37's hospital division and 
became Associate Director of DC 37. She distinguished herself by her 
skill as an organizer and her ability to connect with rank-and-file 
members. She established the DC 37 Education fund, the largest union-
based adult education program in the country that offers union members 
a four-year degree with the College of New Rochelle. This program has 
become a model for unions nationwide.
  During the late 1970s and 1980s, Lillian brought into the union 
thousands of workers in federally funded jobs. She found that 
experience to be a blueprint for creating unionized jobs for welfare 
recipients. She also developed the DC 37 Municipal Employees Legal 
Services program, which provides legal services to members and the DC 
37 Personal Services Unit, which offers counseling to those with 
personal problems.
  In 1981, Lillian became the first African-American woman named New 
York State Commissioner of Labor. During her 6-year tenure, she lead 
the 7,500 employee body to increase the annual job placement level by 5 
percent, obtained federal approval of a state plan for a Public 
Employees Occupational Safety and Health Program, and computerized 
unemployment insurance offices and the Job Service program.
  Lillian was first elected DC 37 Executive Director in 2002 after 
serving as consultant to

[[Page 7696]]

the union she helped build. She was re-elected to a 3-year term in 
January of 2004. In January of 2007, Ms. Roberts was overwhelmingly re-
elected for her 3rd term.
  Lillian currently leads the union where she had been a previous 
Associate Director and consultant. In the 1960s and 1970s, she played a 
major role in organizing new members into DC 37 and establishing an 
array of benefits that became the envy of the Nation's labor movement.
  With housing costs rising, Lillian approached Mayor Bloomberg with a 
proposal to give DC 37 members and municipal workers an affordable way 
to meet the City's requirement that they live in the 5 boroughs. The 
result is the innovative DC 37 Affordable Housing Program. This program 
allows DC 37 members and city workers preference for 5 percent of units 
in city-sponsored lotteries for affordable homes and apartments, down 
payment grants through the NYC Department of Housing Preservation and 
Development, and homebuyer training and education through Neighborhood 
Housing Services.
  Lillian's leadership is rooted in the lessons she learned while 
growing up on welfare on Chicago's South Side and fighting for better 
working conditions as a Nurse's Aide. Growing up as 1 of 5 siblings in 
conditions of poverty, she was instilled with a deep concern for the 
needy and a passion for fighting social injustices.
  Lillian has been a member of numerous boards including: Board of 
Trustees of the College of New Rochelle; the State University of New 
York, the National Equal Rights Committee and the National Committee 
for Labor Israel.
  Madam Speaker, I would like to recognize this labor activist. for all 
of her accomplishments and her empathy for area workers.
  Madam Speaker, I urge my colleagues to join me in paying tribute to 
Lillian Roberts.

                          ____________________




                     PAYING TRIBUTE TO JOANN STRAND

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. PORTER. Madam Speaker, I rise today to honor and congratulate 
Mrs. Joann Strand for being awarded National Board Certification in 
Adolescence and Young Adulthood Secondary Language Arts by the National 
Board for Professional Teaching Standards.
  Joann is 1 of 2 educators at Foothill High School in Henderson, 
Nevada to become nationally certified. National Board Certification is 
a process that requires 1 to 3 years of preparation and testing. Mrs. 
Strand completed an extensive portfolio of assignments, essays, and 
videotapes as well as tests which assessed her knowledge of the 
individual subjects she teaches. Once obtaining National Board 
Certification, a teacher is given the highest honor of professional 
teaching excellence. Only 116 of more than 20,000 teachers in the Clark 
County School District, less than 1 percent, have earned this 
distinction.
  Mrs. Strand has a long and distinguished career as an educator 
beginning with a Bachelor's Degree from Bemidji State University and a 
Master's Degree in Secondary Language Arts from the University of 
Nevada, Las Vegas. She has been an employee of the Clark County School 
District for 19 years and has spent the past 8 years at Foothill High 
School as a member of the English Department. Mrs. Strand is also a co-
creator with a fellow teacher of Young Entrepreneur Services, Inc., 
YES, Inc., is a unique company classroom which has been recognized 
throughout the district for its unique approach to instructing 
students. This class applies real world business work situations with 
the necessities of an English class. Mrs. Strand is known by her 
colleagues as a tireless worker who is both inspiring and relentless in 
her pursuit of excellence. Joann has made a profound difference in our 
community and we are most fortunate to have this leadership which 
positively impacts student achievement.
  Madam Speaker, I am proud to honor Joann Strand. Her efforts to 
improve the educational experiences of the student at Foothill High 
School are commendable. I congratulate her on her much deserved 
recognition and I wish her continued success.

                          ____________________




                     A TRIBUTE TO MS. AURORA BROWN

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. Madam Speaker, I rise today to pay tribute to Brooklyn 
resident Aurora Brown. Ms. Brown is a native New Yorker and a third 
generation West Indian who sites education as the strength of her 
lineage. The Amsted's (family name) were the first black school 
teachers in Virginia. Ms. Brown taught scholastic and college 
preparatory classes to youth for employment opportunities. Her students 
have successfully gone on to colleges and universities such as 
Morehouse, Spelman and Hampton through her mentoring.
  As the Chief Executive Officer and Co-Founder of S&B Cleaning 
Services, Inc., Ms. Brown's mission to incorporate was derived from 
previous experiences of managing several janitorial companies and being 
employed by federal affiliates including 26 Federal Plaza, New York, 
New York.
  Ms. Brown received The Council City of New York Proclamation Award in 
December of 2005 and the Partner in Education Award from the 
Occupational Training Center of New York in June of 2004. Known for her 
generosity and fairness when dealing with clients and employees, she 
makes it her business to oversee personally the human resources 
development of employing disadvantaged and handicapped individuals.
  Ms. Brown's work ethic serves as encouragement for women to venture 
out and become business owners. She states, ``through long hours, 
trials, and tribulations, moments were grueling, but definitely worth 
the effort.'' She also admits the company motto was her driving force 
when faced with opposition and adversity. Tedious daily functions of 
operating a business, she makes time to give to her community as a 
facilitator of public functions, contributing donations, fundraising 
for the welfare of child care. Ms. Brown, in conjunction with public 
officials and local affiliates, has donated toys to the Young Minds 
Daycare Center for the 2005 holiday season. Her personal choice for 
donations in 2006 was Family Life Foster Care.
  Ms. Brown has others to thank in establishing herself, such as 
family, friends, and associates, but likes to acknowledge that her 
Executive Vice-President Edwin Santiago is a key component in the 
developmental operation of rapid growth of this organization; she also 
takes pride in acknowledging that her employees are the backbone of S&B 
Cleaning Services, Inc. There is much more you can expect to see that 
Ms. Brown has yet to reveal. Just like her company motto ``There's not 
much we don't do.''
  Madam Speaker, I would like to recognize Ms. Aurora Brown for her 
accomplishments in business.
  Madam Speaker, I urge my colleagues to join me in paying tribute to 
Ms. Aurora Brown.

                          ____________________




                          HONORING ANDREW WISE

                                 ______
                                 

                           HON. CORRINE BROWN

                               of florida

                    in the house of representatives

                         Monday, March 26, 2007

  Ms. CORRINE BROWN of Florida. Madam Speaker, I rise today to honor 
Mr. Andrew Wise of the Neighborhood Housing & Development Corporation 
in Gainesville, Florida.
  On Tuesday, March 20, 2007, Andrew Wise was honored with the Dorothy 
Richardson Awards for Resident Leadership from NeighborWorks America.
  Mr. Wise combined his passion for Neighborhood Housing & Development 
Corporation (NHDC) and his networking skills to recruit a remarkable 
stream of community, business and educational leaders who have become 
active in the NHDC organization. NHDC is a non-profit homeownership 
center that has been in existence since 1982. The organization's goal 
is to promote and provide decent and affordable housing for low-to-
moderate income residents of North Central Florida.
  Mr. Wise has been an eloquent NHDC ambassador to the many church, 
community and civic organizations to which he belongs. Within NHDC, his 
board tenure and experience have made him the go-to person for new 
board members--especially community residents--in understanding the 
array of NHDC programs and their many and varied funding sources. He 
has been invaluable in helping new members move past this steep 
learning curve by getting them to focus on the mission of the 
organization and how its board and staff are so instrumental in 
transforming lives and uplifting the community.
  Created in 1991, the Dorothy Richardson Awards for Resident 
Leadership celebrate the outstanding contributions of dedicated 
community leaders across the United States. Each year, the 
NeighborWorks network honors residents who exemplify the qualities of 
Dorothy Richardson, a Pittsburgh activist who helped advance the 
community-based development

[[Page 7697]]

movement that informed the formation of the NeighborWorks network.
  My congratulations and respect go out to Mr. Wise on his lifetime of 
work and commitment to earn this award.

                          ____________________




                HONORING THE CAREER OF DENNIS GJERDINGEN

                                 ______
                                 

                          HON. RICHARD E. NEAL

                            of massachusetts

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. NEAL of Massachusetts. Madam Speaker, today I wish to recognize 
and honor a dedicated and innovative educator, Mr. Dennis Gjerdingen, 
upon his retirement after 26 years as principal of the Clarke School 
for the Deaf in Northampton, Massachusetts.
  Dennis became interested in childhood deafness when, in 1964, he 
learned that his newborn son was deaf. He trained as a teacher of 
social studies and English at Minnesota State University, received his 
masters in Speech and Hearing at Washington University in St. Louis and 
did post-masters work there in Educational Administration. He spent 14 
years at Central Institute for the Deaf in St. Louis, as a classroom 
teacher, researcher, associate professor, assistant to the director and 
as headmaster, before coming to Clarke School for the Deaf in 1981. He 
is the 6th president in Clarke's 140-year history.
  Clarke School is an international leader in teaching listening, 
speech, language and academic skills to deaf children and assisting 
families and training professionals to work with them. During his 
tenure, Mr. Gjerdingen has reorganized the Clarke School and its 
structure to position Clarke for a rapidly changing future. He designed 
and administered new Clarke programs, including the creation of the 
Center for Oral Education on the Northampton campus that helps people 
of all ages with hearing loss. In the last 10 years, Mr. Gjerdingen 
spearheaded a strategic plan to expand Clarke to 5 campuses with 4 new 
schools for young children in Boston, MA, Jacksonville, FL, New York 
City, and Philadelphia, PA. Clarke School for the Deaf now impacts the 
lives of more than 10,000 children and adults annually through its 
educational programs, research, curriculum development and professional 
training.
  The author of more than 30 articles in professional journals, Mr. 
Gjerdingen is widely recognized as an expert in the field. In 1987 he 
was appointed by Congress to the Commission on the Education of the 
Deaf that reported directly to Congress and the President. During this 
appointment, he helped author a report from which major legislation was 
adopted. He has also served as president of the International Alexander 
Graham Bell Association.
  It is my great privilege to honor Mr. Gjerdingen for his commitment 
to providing greater educational opportunities for deaf children and 
their families and professionals around the country.

                          ____________________




                 PAYING TRIBUTE TO THE SCHWARTZ FAMILY

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. PORTER. Madam Speaker, I rise today to honor the Schwartz family 
for their philanthropic efforts in the Jewish Community of Las Vegas 
and for their many contributions to provide the Las Vegas Valley with a 
new community center and synagogue.
  The Schwartz family, principals of Great American Capital, a real 
estate development company found in Las Vegas, have been leaders in the 
development, acquisition, operation and management of high quality 
commercial and residential real estate projects in Nevada and Southern 
California. As a result of their civic generosity, the construction of 
the Beit Allon Chabad of Summerlin Community Center and Synagogue was 
completed and opened in April of 2006. This facility has emerged as one 
of the most magnificent synagogues in Las Vegas and includes the 
finest, up-to-date facilities for education, socializing, and catering 
affairs. For their humanitarian efforts and community service the 
Schwartz family is being recognized as inaugural recipients of the 
Chabad of Summerlin Founder's Award.
  Madam Speaker, I am proud to honor the Schwartz family. Their 
commitment to the Jewish Community is commendable and I congratulate 
them on their much deserved recognition. I thank them for their 
dedication and loyalty and wish them the best in their future 
endeavors.

                          ____________________




             A TRIBUTE TO MELINDA JAMES-DELROSARIO, RN, BSN

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. Madam Speaker, I rise today to pay tribute to Brooklyn, 
New York resident Melinda DelRosario. Melinda DelRosario was born in 
Panama City in the Republic of Panama. She attended the Instituto 
Nacional in the Republic of Panama and became the youngest member of 
the senior choir and usher ministry at Rio Abajo Methodist Church. Upon 
migrating to the U.S. Ms. DelRosario attended Eramus High School in 
Brooklyn, New York. In pursuit of a nursing career she earned a BSN 
Degree at St. Joseph College in Brooklyn, New York graduating with Phi 
Beta Kappa honors.
  Upon graduation from St. Joseph College, she assumed various 
administrative positions in home care and hospitals, among them; Kings 
Brook Jewish Medical Center as an Administrative Supervisor/
Administrator on duty.
  Currently, Melinda oversees the Nurse Connection Program with Village 
Care of New York in conjunction with Roche Pharmaceutical Company. Ms. 
DelRosario is an HIV Nurse and consultant. She also instructs doctors 
and nurses in the administration of fuzeon therapy for HIV positive 
patients. In addition, Melinda provides in home instruction to patients 
and counseling to families.
  Besides working as a healthcare provider, Melinda has been a prolific 
community activist and commonly known for her spirit of cooperation and 
punctuality. Twenty-five years ago, she became a member of ``The 
Diggers.'' This is an organization led by Mr. Roman Foster who 
researched historical facts on the building and construction of the 
Panama Canal. This research resulted in the production of a documentary 
which provided narratives and anecdotes with the contributions of West 
Indians and the Caribbean works in Panama during the Canal's 
construction.
  Melinda James-DelRosario was also a member of the Madison Democratic 
Club; the former Secretary of the Panamanian Nurses Association and the 
Caribbean Nurses Association; Travel Coordinator with MIPOPA which is 
an organization group headed by Dr. Carlos E. Russell which advocates 
the rights of Panamanians to vote abroad. She is a member of Panama 
Vote 2004, an organization led by Dr. George Priestly, which raised 
funds to support the candidacy of President Martin Torrijos and 
Probisida, an organization dedicated to providing assistance to HIV 
positive patients.
  Melinda is also a civic minded, community oriented individual who 
embraces the concept of caring and sharing in issues affecting those 
who have been disenfranchised.
  Madam Speaker, I would like to recognize Melinda James-DelRosario for 
her good works and accomplishments in our community.
  Madam Speaker, I urge my colleagues to join me in paying tribute to 
Melinda James-DelRosario.

                          ____________________




             TRIBUTE TO THE FIRST ANNUAL CESAR CHAVEZ MARCH

                                 ______
                                 

                          HON. DALE E. KILDEE

                              of michigan

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. KILDEE. Madam Speaker, I rise today to recognize the 20th 
anniversary of the naming of Chavez Drive and the first annual Cesar 
Chavez March in my hometown of Flint, Michigan. A celebration and 
fundraiser for the United Farm Workers members will be held on March 
31st to coincide with what would have been the late Cesar Chavez's 80th 
birthday.
  Born on a family farm, March 31, 1927, Cesar Chavez witnessed 
firsthand the suffering of migrant workers. When the family lost the 
farm during the Great Depression, Cesar toiled in the fields following 
crops across the Southwest. After serving in the US Navy during World 
War II he returned to farm work and began his lifelong commitment to 
justice for migrant workers.
  During the 1960s Cesar Chavez, in reaction to the conditions he 
witnessed in the fields, became a union activist. Adopting the 
techniques of industrial unions like the UAW, Cesar fought against 
agribusiness and unfair laws that forbade farm workers from organizing. 
A nationwide boycott of table grapes and a 25-day hunger strike brought 
the United

[[Page 7698]]

Farm Workers international attention. His leadership and personal 
commitment forced agribusiness to sign the first union contract with 
the United Farm Workers. He labored to improve the health and safety of 
the workers. He fought successfully to end the use of harmful chemicals 
like DDT and benefited not only the worker but the consumer as well.
  When Cesar Chavez died in 1993, over 40,000 people attended his 
funeral. In a show of respect for the man who had changed so many 
lives, our nation posthumously awarded him the Presidential Medal of 
Freedom.
  Madam Speaker, Flint, Michigan was the first community in our nation 
to honor this great humanitarian by naming a street after Cesar Chavez. 
I ask the House of Representatives to join me in honoring the memory of 
Cesar Chavez and his legacy to the American people.

                          ____________________




      PAYING TRIBUTE TO FRANK J. FERTITTA AND LORENZO J. FERTITTA

                                 ______
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. PORTER. Madam Speaker, I rise today to honor my good friends 
Frank J. Fertitta, Chairman of the Board and C.E.O. of Station Casino 
and Lorenzo J. Fertitta, Vice Chairman of the Board and President of 
Station Casino as well as the entire Fertitta family.
  Through the consistent efforts of Frank and Lorenzo Fertitta, Station 
Casino was recently recognized by Fortune magazine as one of the top 
100 companies to work for nationwide. The management of Station Casino, 
which has received this recognition for 3 consecutive years, has 
enacted several policies aimed at bettering the quality of life for its 
team members. One such program, initiated by Frank and Lorenzo, 
provides team members with assistance becoming homeowners. Another 
program offers assistance to team members seeking to become U.S. 
Citizens; this program offers assistance such as citizenship 
application classes, study material for the citizenship examination, 
and payroll advances for citizenship application. As a result of this 
program, in 2006, 28 Station team members gained U.S. citizenship and 
currently 260 more team members are attending citizenship classes.
  In addition to implementing programs to enhance certain aspects of 
their employees' lives, Frank and Lorenzo Fertitta have cultivated a 
working environment founded upon ideals of camaraderie, respect and 
fairness.
  Madam Speaker, I am proud to honor my good friends Frank Fertitta, 
Lorenzo Fertitta and the entire Fertitta family. Their dedication to 
their employees is commendable and I wish them continued success in 
their future endeavors.

                          ____________________




                      A TRIBUTE TO JOYCE McDONALD

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. I rise today to pay tribute to Brooklyn resident Joyce 
McDonald. Joyce McDonald was born to parents Willie and Florence 
McDonald and raised in Brooklyn's Farragut Houses. Joyce is the third 
eldest of seven children. She was reared in a household where 
unconditional love was practiced and family values were instilled.
  Joyce attended P.S. 287, Sands JHS 265 as well as Fashion Industry 
High School. Her love and compassion for people led her to become a 
volunteer at Cumberland Hospital as a Junior Nurse's Aide at 16-years-
old for the terminally ill. Joyce's teenaged years were not always so 
hopeful.
  During her teen years into adulthood, Joyce made many bad choices. 
Thirty years afterward, she changed direction. Joyce has survived 
various forms of mental and physical abuses which include rape, 
attempted suicide, depression and a 25-year heroin addiction. In 1995, 
Joyce tested positive for HIV and was later diagnosed with AIDS.
  Despite her diagnosis, Joyce continued to share her life's story and 
artistic talents with the world.
  Without any formal art training, Joyce McDonald is currently a world 
renowned artist. Her work has been exhibited in galleries, schools, 
universities, shelters, nursing homes and hospitals. Her testimony and 
art has been shared throughout the country via the media.
  Joyce has received numerous awards, including: the 2002 Martin Luther 
King, Jr. Service Award, the 2003 Church of the Open Door Woman of the 
Year Award, the 2004 Isler's Award from the Women's Empowerment 
Movement, and the 2004 Governor's Citation from Maryland. In 2005, 
Joyce was one of nine Magnificent Women of Brooklyn honored by Senator 
Velmanette Montgomery and received a citation from the New York 
Assembly. She has also received the Dr. Martin Luther King Award from 
Emmanuel Baptist Church.
  Joyce McDonald's talents include being an artist, sculptress, 
designer, writer, singer, poet and motivational speaker. These are 
talents she attributes to her family, including her Dad who is now 
deceased, her Mother, her two married daughters and their spouses and 
her six grandchildren.
  Madam Speaker, I would like to recognize the impressive achievements 
of this extraordinary individual, who through her own pain found it 
within herself to help others.
  Madam Speaker, I urge my colleagues to join me in paying tribute to 
this wonderful person and her creative works.

                          ____________________




                    PAYING TRIBUTE TO THE INY FAMILY

                                 nevada
                                 

                           HON. JON C. PORTER

                               of nevada

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. PORTER. Madam Speaker, I rise today to honor the Iny Family for 
their numerous contributions to the Jewish Community of Las Vegas and 
for their many contributions to provide the Las Vegas Valley with a new 
community center and synagogue.
  The Iny Family, principals of Great American Capital, a real estate 
development company found in Las Vegas, have been leaders in the 
development, acquisition, operation and management of high quality 
commercial and residential real estate projects in Nevada and Southern 
California. As a result of their civic generosity, the construction of 
the Beit Allon Chabad of Summerlin Community Center and Synagogue was 
completed and opened in April of 2006. This facility has emerged as one 
of the most magnificent synagogues in Las Vegas and includes the 
finest, up-to-date facilities for education, socializing, and catering 
affairs. For their humanitarian efforts and community service, the Iny 
Family is being recognized as inaugural recipients of the Chabad of 
Summerlin Founder's Award.
  Madam Speaker, I am proud to honor the Iny Family. Their commitment 
to the Jewish Community is commendable and I congratulate them on their 
much deserved recognition. I thank them for their dedication and 
loyalty and wish them the best in their future endeavors.

                          ____________________




                 A TRIBUTE TO EUGENIA ``GENIE'' SWINSON

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. Madam Speaker, I rise today to pay tribute to Ms. Eugenia 
Elizabeth Swinson. Eugenia Swinson, or ``Genie,'' was born in Savannah, 
GA, to Eugene and Carrie Swinson. She was raised on Long Island's South 
Shore Bay in New York. Genie and her 9 siblings are products of the Bay 
Shore Public School District. After graduation, all of them attended 
college. Genie decided upon C.W. Post College with a major of vocal 
music.
  During her studies at Post, she toured Europe her freshman year with 
the Chamber and Madrigal Ensembles. Upon returning from the tour, she 
decided to move to California to launch a professional singing career. 
This turned out be a wise decision because once there she had an 
opportunity to work with Quincy Jones on the Brothers Johnson debut 
album as well as tour with Boz Scaggs under the stage name of ``Pepper 
Swinson.'' There would be many more bands that would come her way.
  She returned to New York due to illness, however, after recuperating, 
she moved to Israel to sing. After working in the Givatiem and Tel 
Aviv, Israel, she once again returned to New York, this time with a new 
skill. She had mastered the Hebrew language. Almost immediately after 
arriving in the United States, Genie's health took a turn for the 
worse. She began a battle with end stage renal disease, due to Systemic 
Lupus Erythmatosis. This would mean 7 years of dialysis before a 
successful kidney transplant at Beth Israel Hospital in Boston, 
Massachusetts.
  While in New York, Genie decided to return to C.W. Post College to 
earn her undergraduate degree in modern languages with a

[[Page 7699]]

minor in music. She studied Spanish, Hebrew and Arabic. After the 
transplant, Genie landed a job with the New York City Board of 
Education as a teacher of Spanish. She received her masters degree in 
multicultural education from the College of Mount Saint Vincent in 
Bronx, New York. She is currently a teacher at a Theatre Arts School in 
the Bronx and also gives private voice lessons in her home. Genie 
actively continues her studies in languages. Italian and Portuguese are 
her current passions. ``It's my favorite pastime.''
  Not long after her transplant, she was approached by a representative 
from the New York Organ Donor Network and became a volunteer 
spokesperson for that organization. She appeared at several speaking 
and singing engagements on behalf of the Network. At several events she 
sang ``Another Chance to Give'' (La Vispera de Vida) in both English 
and Spanish in an effort to bring awareness to the need for organ and 
tissue donors.
  It was her position as the official spokesperson for the Network that 
led her to an opportunity to sing the national anthem before games at 
both Yankee Stadium and Madison Square Garden for both professional 
teams. Today, Genie remains a strong advocate of organ and tissue 
transplantation.
  Genie has modeled for Mode Magazine and continues to sing for Wilson 
Pickett's back up band, The Midnight Movers. Accompanied by jazz 
pianist Dr. Billy Taylor, she recently sang at a gala given by the Jazz 
Foundation of America which honored its co-founder Ann Ruckert.
  ``I am a collector of people,'' said Genie. ``I have the same friends 
today that I had in the second grade. Naturally, I've added on to that 
distinctive group, but those friends are still an important part of my 
life. I like to spend time, reading, studying languages and spoiling my 
nieces, nephews and God's children. I'm honored to be a part of this 
distinctive group,'' added Genie.
  Madam Speaker, I would like to honor Genie for sharing her beautiful 
talents with the rest of us. Through all of her adversity she continued 
to grace us with her gift of song.
  Madam Speaker, I urge my colleagues to join me in paying tribute to 
Eugenia ``Genie'' Swinson.

                          ____________________




    TRIBUTE TO 2007 JOHNSON COUNTY MOVERS AND SHAKERS AWARD WINNERS

                                 ______
                                 

                           HON. DENNIS MOORE

                               of kansas

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. MOORE of Kansas. Madam Speaker, I rise today to note an important 
event in the Third Congressional District of Kansas. On April 10, 2007, 
the Volunteer Center of Johnson County in Overland Park, KS, will honor 
outstanding youth volunteers. Eighty young people have been nominated 
by school personnel and nonprofit organizations for their dedication 
and service to the community. Youth volunteerism continues to grow and 
be a strong force in Johnson County. These 80 youth exemplify the true 
meaning of volunteerism and giving back to their community, and it is 
my honor to recognize each student volunteer and his/her school.
       Alexander Abramovitz, Shawnee Mission North; Molly Allison-
     Gallimore, Homeschool; Sydney Ayers, Barstow; Ava Azad, Blue 
     Valley; Lisa Barry, Olathe South; Lindsay Beardall, Shawnee 
     Mission South; Alexandria Bieber, Mill Valley; Abbey Blick, 
     Shawnee Mission East; Ashley Boots, Olathe Northwest; Sarah 
     Briggs, Trailridge Middle; Kristina Buchanan, Trailridge 
     Middle School; Kim Burnell, Olathe North; Amy Byarlay, Olathe 
     South; Sarah Campbell, Blue Valley North; Kelsey Charles, 
     Blue Valley West; Jenna Christensen, Shawnee Mission North; 
     Becca Doran, Shawnee Mission West; Katherine Ebling, Blue 
     Valley; and Marissa Erickson, Olathe South.
       Evan Gage, Blue Valley Northwest; Jennifer Garren, Shawnee 
     Mission West; Kathryn Garrett, Shawnee Mission West; Kevin 
     Garrett, Shawnee Mission West; Michael Garrett, Westridge 
     Middle; Lindsey Gerber, Olathe North; Jean Gianakon, Shawnee 
     Mission North; Allison Golub, Blue Valley West; Kaley 
     Hagemann, Olathe East; Jessica Hebenstreit, Pembroke Hill; 
     Tess Hedrick, Shawnee Mission East; Logan Heley, Antioch 
     Middle School; Lauren Hiatt, Olathe North; Spencer Hill, 
     Shawnee Mission Northwest; Jing Jian, Olathe North; Janelle 
     Johnston, Shawnee Mission West; Michele Kerns, Blue Valley 
     West; Rachel Knapp, Westridge Middle; and Jessica Kruger, 
     Olathe North.
       Hailey Lapin, Blue Valley Northwest; K. Clemence Lawson, 
     Olathe Northwest; Jake Ludemann, Shawnee Mission North; Sarah 
     Martin, Shawnee Mission West; Magdalena May, Olathe North; 
     Kaela McWherter, Blue Valley North; Courtney Miller, Blue 
     Valley West; Rebecca Miller, Olathe North; Jovana Mirabile, 
     St. Thomas Aquinas; Peri Montgomery, Shawnee Mission West; 
     Megan Moomau, Olathe North; Alyssa Morrison, Mill Valley High 
     School; Stephanie Nemer, Spring Hill High School; Evan 
     Neuman, Trailridge Middle; Alexandra Olsen, Prairie Trail 
     Junior High; Sam Parkinson; Sweta Patel, Olathe North; 
     Meredith Pavicic, St. Teresa's Academy; and Lauren Peterson, 
     Shawnee Mission Northwest.
       Angela Podoll, Westridge Middle; Courtney Rathke, Olathe 
     North; Kaytlin Renfro, Shawnee Mission East; Bryce Reynolds, 
     Olathe Northwest; Kyle Reynolds, Olathe Northwest; Cassie 
     Rhodes, Spring Hill High School; Kaitlyn Rittgers, Olathe 
     Northwest; Alex Rorie, Mission Valley; Beth Russell, Olathe 
     Northwest; Michael Shoykhet, Olathe North; Devin Smith, 
     Olathe North; Elaina Smith, Prairie Trail Junior High; Haylee 
     Solcum, Trailridge Middle School; Peter Spitsnogle, Shawnee 
     Mission East; Jessica Stack, Olathe Northwest; Alexandria 
     Szalawiga, Olathe South High School; Nicole Tepper, Mill 
     Valley High School; Irene Wang, Olathe North; Danielle 
     Weathers, Mill Valley; Marin Willis, Spring Hill Middle; 
     Jessica Wilson, Spring Hill High School; Alexis Young, 
     Chisholm Trail Junior High; and Jenny Zhong, Blue Valley 
     Northwest.

                          ____________________




                  A TRIBUTE TO DEBORAH BATTLE POINTER

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. Madam Speaker, I rise today to pay tribute to Brooklyn 
resident Deborah Battle Pointer. Deborah Battle Pointer is a true child 
of the Diaspora with Carolinian, Jamaican and Black Foot Indian roots. 
She was born and raised in Connecticut and received a Bachelor of 
Science Degree in Psychology from SUNY Cortland and a Master's Degree 
in Education from Cambridge College. The issues of access and equality 
for all have been important cornerstones in her academic career. For 
the past 30 years, she has worked in higher education, and served her 
community as a volunteer while maintaining her involvement in the 
creative arts.
  Deborah was the first Associate Dean of Admissions and Financial Aid 
at Cornell University, the first black woman to hold the position of 
Director of Admissions at Columbia University's School of Engineering 
and former Director of Financial Aid at both Columbia College and SUNY 
Downstate Medical Center. While residing in Ithaca, New York, she was 
elected to the Ithaca School Board where she served two terms.
  Ms. Pointer is a co-founder and Co-Executive Producer of ``Russell 
Simmons Presents Def Poetry,'' a television series shown on the Home 
Box Office cable network. She was also an Executive Consultant to the 
Broadway hit show, Def Poetry. The television series aired for the 
first time in December of 2001 and continues to be a hit on HBO today. 
Deborah and other Executive Producers of Def Poetry were recognized 
with a Peabody Award for Excellence in Television for the HBO program 
and received a Tony Award for the Broadway production in 2003.
  In October of 2001, under the company name Bone Bristle Entertainment 
LLC, Deborah and her business partners created a poetry anthology 
published by Random House, ``Bum Rush the Page.'' The anthology 
features works of 200 poets and has sold more than 15,000 copies. She 
has recently published a children's picture book, ``I Am Hip-Hop'' 
through her non-profit organization Healium Inc. founded by Deborah 
Pointer and Ronald Grant. Healium Inc. is dedicated to the efforts of 
ending child abuse.
  Deborah is currently a consultant to the Chairman of the Department 
of Pediatrics at the Children's Hospital at Downstate where she is 
involved in development and community outreach. She is also one of a 
few African-American Christmas and Kwanzaa ornament designers and was 
featured as an Editor's Choice in ``Decorative Gifts and Accessories'' 
magazine.
  Ms. Pointer has authored several magazine articles on financing and 
college education and has worked on a series of videotapes on financial 
aid for students. The videotapes aired on Public Broadcasting Stations 
in the New York tri-state area. For many years she was a consultant to 
ESPN on selecting the High School Athlete of the Year. Deborah is 
currently a member of the Brooklyn Borough President's Task Force on 
BCAT, President of the Rutland Road Block Association and a member of 
numerous other organizations.
  Madam Speaker, I would like to recognize the impressive achievements 
of Deborah Battle Pointer and her commitment to the children of 
Brooklyn, New York. I also want to thank Ms. Pointer for sharing her 
gifts with the rest of us.

[[Page 7700]]

  Madam Speaker, I urge my colleagues to join me in paying tribute to 
this wonderful and talented woman.

                          ____________________




                    MOURNING THE LOSS OF DAVID BROWN

                                 ______
                                 

                            HON. JOE WILSON

                           of south carolina

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. WILSON of South Carolina. Madam Speaker, I rise today in honor of 
a true public servant of South Carolina's Second Congressional 
District. David Brown, chief executive officer of Beaufort Memorial 
Hospital of Beaufort, South Carolina, passed away Monday, March 19, 
2007. Brown fell ill last month and was hospitalized at Johns Hopkins 
University Hospital, where he passed.
  Brown ably led the hospital during a time of tremendous growth. The 
facility is now twice the size it was when Brown took over in 1996. 
During his tenure as CEO, Brown developed a long-term affiliation with 
Duke University Health System in heart and cancer care. Most recently, 
he worked with Beaufort to bring additional workforce housing to the 
area and led the hospital's expansion of services across the Broad 
River.
  Brown, son of Emerson M. Brown and the late Winifred Ryan Brown, was 
born in 1951 in Germany, where his father was assigned as a U.S. 
foreign service officer. Brown also lived in India, the Netherlands, 
and Canada and attended high school in Switzerland and in Maine. He 
earned a bachelor of arts degree in 1974 and a masters of business 
administration with honors in 1976, both from Boston University.
  Brown began his career in healthcare in 1976 as assistant executive 
director of Prince George's County Foundation for Medical Care in 
Landover, Md., and became executive director within a year.
  In 1982 he joined the Greater Southeast Community Hospital in 
Washington as vice president for professional services. Before leaving 
the Washington area in 1996, Brown became president and CEO of the 
Greater Southeast Community Hospital Foundation, which operated two 
hospitals as well as long-term care facilities, home health agencies, 
pharmacies and other health care-related businesses.
  Brown is survived by his daughter, Caitlin Ryan Brown; son, Ryan 
David Brown; father, Emerson Brown of Reed City, Mich.; sister, 
Catherine W. Brown of Washington; and brother, Christopher G. Brown of 
Columbus, Ohio.

                          ____________________




                     A TRIBUTE TO CLAUDETTE AUDIGE

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. Madam Speaker, I rise today to pay tribute to Brooklyn, 
New York resident, Ms. Claudette Audige. Claudette Audige was born on 
December 7, 1962, in Kingston, Jamaica. She has been a resident of New 
York for more than 21 years. Ms. Audige is the wife of Andre Audige and 
the mother of 3 beautiful children, Chase, Chad and Jodie.
  Claudette Audige has been an experienced loan consultant for more 
than 20 years. She is noted for her wisdom and compassion for 
encouraging home ownership. She has inspired and helped many people to 
save their homes as well as purchase a home.
  Most of Mrs. Audige's extensive community involvement has been with 
young people. She was a counselor at Good Samaritan Church, in the 
Bronx, and St. Michaels, in Sheldon, New York. Her community activities 
include participation in the McDonald's sing along concert series, a 
drug awareness campaign, and the neighborhood gang violence awareness 
program. The assistance she provides for children goes beyond the call 
of duty since she works closely with the youth in her community.
  She is sensitive to the needs of homeowners and it is out of that 
compassion that led her to become a financial consultant. In addition, 
the high rate of housing foreclosures among her friends and family was 
another incentive for her to embark on this profession. Claudette gives 
workshops to new homeowners and advises them of their financial status. 
Due to her own past financial hardships, she has developed a flair for 
assisting people to accumulate wealth through the power of prayer and 
financial wisdom. Financial empowerment guides and motivates Mrs. 
Audige to teach others to accumulate wealth and prosperity.
  This extraordinary woman goes above and beyond the call of duty and 
is commendable to the standards befitting the praised, virtuous woman 
described in Proverbs.
  Her motto is ``if I can help someone let not my living be in vain.'' 
Claudette Audige strives to educate the young and the old to possess 
the knowledge of financial wisdom. She believes that everyone can own a 
home with the proper education.
  Madam Speaker. I would also like to recognize the impressive works of 
Claudette Audige as well as her commitment to the Brooklyn community.
  Madam Speaker. I urge my colleagues to join me in paying tribute to 
this wonderful woman for all that she does for current and prospective 
homeowners.

                          ____________________




     RECOGNITION OF THE HUNTINGTON VETERANS AFFAIRS MEDICAL CENTER

                                 ______
                                 

                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. RAHALL. Madam Speaker, I rise today in recognition of the 
Huntington Veterans Affairs Medical Center (VAMC) located in 
Huntington, West Virginia. I am so proud to report that the Huntington 
VAMC was named the ``Best Performing Facility'' for 2006.
  This is a well deserved honor for the dedicated employees of the 
Huntington VAMC who work so hard to ensure that our Nation's veterans 
receive the quality they deserve. This honor is even greater 
considering this is not the first time the Huntington VAMC has been 
singled out for its high quality care. Just two years ago, this center 
received similar recognition from the VA.
  It is wonderful to know that the veterans who call West Virginia home 
have such a topnotch medical facility to provide care. As we all 
recognize, our veterans are our heroes and these heroes deserve only 
the best care available.
  It is important that we remember our veterans have given so much to 
the future of our country and have asked for so little in return. Our 
veterans, as our soldiers today, remain foremost in the thoughts and 
prayers of all West Virginians.
  I am honored that the Huntington VAMC is in my district. I hope that 
this entire body will take a minute to congratulate the hard-working 
men and women of the Huntington VAMC and to honor the sacrifices that 
our brave service-members have made and continue to make.

                          ____________________




                    A TRIBUTE TO AY'TASHA T. HANTON

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. Madam Speaker, I rise today to pay tribute to Brooklyn 
resident Ay'Tasha T. Hanton. Ms. Hanton is the proud daughter of Edna 
M. Fulton, and Willie E. Hanton Sr., stepdaughter of Maudine Hanton, 
who she affectionately calls ``Mom.'' Ay'Tasha was born in New York 
City as the only daughter of seven children. Ay'Tasha's father expired 
when she was 1\1/2\ years old. Without the relationship of her father, 
she faced many challenges. With the loving support of her mother, 
family and friends, she matured into a strong, independent woman.
  A nine-year employee of the New York City Health and Hospitals 
Corporation, Ay'Tasha has extensive knowledge in Finance 
Administration, Policy and Procedures, Performance Improvement, Graphic 
Design, Community Affairs and Healthcare Administration. In April of 
1998, her career in health care began when she became the Coordinating 
Manager of Chemical Dependency Outpatient Services and the Mental 
Health Geriatric Program at Cumberland Diagnostic and Treatment Center 
serving the Fort Greene Community. As an Assistant to the Sr. Associate 
Director, Ay'Tasha worked diligently to aide the Chemical Dependency 
patients who strived daily to maintain sobriety from their addictions. 
She also worked attentively to aide the Geriatric population as they 
faced the uneasiness of Mental Health.
  In October of 2005, Ay'Tasha was reassigned as the NYS OASAS (Office 
of Alcoholism and Substance Abuse Services) Administrator of Chemical 
Dependency Inpatient and Outpatient Services at Woodhull Medical 
Center, where she studied the communities' statistics.
  Recognizing her statistical talents, Ay'Tasha was given additional 
responsibilities by the Associate Executive Director of the Division of

[[Page 7701]]

Chemical Dependency for the North Brooklyn Health Network in the newly 
established Performance Improvement Department, helping the Assistant 
Director in strategizing ways to support the population suffering from 
substance abuse addictions.
  Her most recent opportunity towards climbing the corporate ladder 
came in March of 2006 when she was assigned to assist the Associate 
Director of Psychiatry in restructuring Woodhull's Psychiatric 
Emergency Department. As the Administrative Manager of Psych ED, 
Consultation and Liaison Services and the Chemical Dependency Inpatient 
Detoxification Units, Ay'Tasha is also faced with the daily challenge 
of aiding the Psychiatric patients as well as encouraging, mentoring 
and challenging her staff to heightened levels, while advocating for 
the Williamsburg and Bedford Stuyvesant communities.
  Throughout her HHC career under the umbrella of the Department of 
Psychiatry, Ay'Tasha has been a member of many committees such as 
Cumberland's Open Access Team, Billing/Finance, Information Technology 
and Community Affairs.
  Ay'Tasha's walls are lined with many awards, certificates, and 
presentations as a testament of her hard work. She has also received 
extensive continuing education in Healthcare Professionalism such as 
Managerial, Administrative Assistant, Graphic Design, and the list 
continues. Ay'Tasha's most heartfelt accomplishment is her Associate of 
Arts Degree in Biblical Studies from Bethel Bible Institute. Ay'Tasha 
is presently seeking her Bachelors Degree in Health Administration.
  Ay'Tasha understands the importance of children. She nurtures her 
nieces, nephews, godchildren and a host of other youth. Not only is she 
an inspiration to children, Ay'Tasha mentors young women in her 
community. Ay'Tasha encompasses the true identity of a role model in 
today's society.
  Madam Speaker, I would like to recognize the impressive achievements 
of Ay'Tasha T. Hanton for her commitment to her community.
  Madam Speaker, I urge my colleagues to join me in paying tribute to 
this wonderful person and the great things she has done.

                          ____________________




                      A TRIBUTE TO AIDA T. WILSON

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. TOWNS. Madam Speaker, I rise today to pay tribute to Ms. Aida T. 
Wilson. Aida T. Wilson was born in Panama City in the Republic of 
Panama. She is the eldest of five children born to Olga and Charles 
Tyrell. After completing high school at Santa Familia School for 
Dressmaking in Panama City, she was immediately employed by Maloul 
Brothers for five years in Colon, City of Panama.
  Ms. Wilson migrated to the United States in 1956 and immediately 
began to further her education by attending several adult education 
programs while employed as a seamstress. She was later employed by one 
of New York City's most prestigious department stores Lord and Taylor. 
After serving in several positions she became their Merchandising 
Auditor. She retired in 1994 after 37 years of service with the 
company. Following one year of retirement, she was hired to work on a 
part-time basis at Community Board 5 in East New York as a Community 
Service Aide and has maintained this position for the past 11 years.
  Ms. Wilson has been a communicant of St. Laurence Church RC for the 
past 30 years. She has served on their Board of Trustees; as member and 
past President of the Laurencian Guild (Rosary Society); Chairperson of 
the Liturgy Committee; Treasurer of the Church AARP Chapter; and 
presently a Lector at Sunday Masses and a member of the Parish Pastoral 
Planning Committee. Mrs. Wilson is an active member and Past President 
of the Brooklyn New Lots Lions Club and Part District Treasurer for the 
Lions of District 20 K1 (Brooklyn and Queens). For her lionistic 
activism, she has been recognized with many awards and citations 
including the Distinguished Service Award for Community Service, Lion 
of the Year, Knights of the Blind Award and the highest recognition by 
an association, The Melvin Jones Fellowship.
  Aida Wilson is married to Lloyd G. Wilson, (retired MTA Motorman). 
This union brought forth a son Rodney, and a daughter Sharon who have 
blessed them with six grandchildren: Tyrell and Cherrell Wilson, Jazine 
Miller, Eryka, Elissa, and Jessica Hill. A step granddaughter Kristin 
Reid Hill, son-in-law Eric Hill and daughter-in-law Angela A. Wilson.
  Madam Speaker, I would like to recognize this pillar of our community 
for all of her good works and kind gestures.
  Madam Speaker, I urge my colleagues to join me in paying tribute to 
Aida T. Wilson.

                          ____________________




 INTRODUCTION OF THE INFANT AND TODDLER DURABLE PRODUCT SAFETY ACT AND 
         THE DANNY KEYSAR CHILD PRODUCT SAFETY NOTIFICATION ACT

                                 ______
                                 

                       HON. JANICE D. SCHAKOWSKY

                              of illinois

                    in the house of representatives

                         Monday, March 26, 2007

  Ms. SCHAKOWSKY. Madam Speaker, today I am once again introducing two 
bills that would help prevent needless deaths and injuries of young 
children: the Infant and Toddler Durable Product Safety Act and the 
Danny Keysar Child Product Safety Notification Act. These bills would 
help us protect infant and toddlers from dangerous products, both 
before they arrive on the shelves--and after they end up in homes.
  The Infant and Toddler Durable Product Safety Act would require 
infant and toddler products to receive a federal seal of approval 
before they are sold. This bill is long overdue.
  Currently, most consumers believe that, because a product is on a 
shelf, it is safe. A Coalition for Consumer Rights' survey in Illinois 
found that 75 percent of adults believe that the government oversees 
pre-market testing for children's products; 79 percent believe that 
manufacturers are required to test the safety of those products before 
they are sold. For most products, neither is true.
  In fact, there are no mandatory safety standards for the majority of 
the children's products being sold today. The majority of the standards 
that are in place are ``voluntarily'' set by the very industries 
looking to make profits. They are also allowed to police themselves 
about whether the standards are enforced.
  Let me stress what that means: although there may be voluntary 
standards in place, there are no requirements that all potential 
hazards are addressed in those standards. For instance, the voluntary 
standards for bassinets set by the industry did not have height 
requirement for the sides or any test to make sure the baby couldn't 
fall out. Only because of the tenacity of advocates like Kids in 
Danger, was one finally set. There are also no consequences for the 
manufacturer if the standards are not met, and no requirements for 
products to be tested to see if the standards are met. This is true 
even for baby carriers, cradles, play pens, and high chairs. For the 
few products that do have mandatory federal standards, because there 
are no testing requirements, the standards are meaningless.
  Although the Consumer Products Safety Commission--the CPSC--requires 
no testing and manufacturers mayor may not perform their own tests, do 
not be mistaken, children's products are tested. They are tested in our 
own homes, with our children and grandchildren as test dummies. The 
cost of those tests can be a panicked child, amputated fingers, 
fractured skulls, or a dead child.
  Unfortunately, a trip to the emergency room or the morgue is often 
the only way to know if a product is unsafe. This is unacceptable.
  Parents and caregivers must have assurance that when they buy a 
product, it will be safe. Therefore, the Infant and Toddler Durable 
Product Safety Act would not only require the CPSC to issue mandatory 
safety standards for infant and toddler products, it would require the 
testing and certification of these products by an independent third 
party before they are allowed to be sold to anyone.
  To protect children should unsafe products make it into their homes--
as is currently happening--we also have to make sure that we can get 
the hazards out as soon as possible. The Danny Keysar Child Product 
Safety Notification Act would help us do that by requiring that all 
children's durable products sold have recall registration cards 
attached to them and that manufacturers directly contact those who fill 
them out should there be a recall.
  Although there is a shocking number of recalled products, our current 
recall system is failing. Actual notice of a recall is dependent on 
news outlets picking up the story and spreading the word. Notification 
targeted to owners of the products is rare, and many parents remain 
unaware of the dangers even when products are recalled. In fact, many 
families still have the dangerous products listed in this report in 
their homes because they have not happened to turn on the television at 
the right time or read the right newspaper. We need to make sure that 
notification is directed at the families that have bought these faulty 
products so they don't have to rely on chance to hear the news.
  My colleague, Rep. Fred Upton, and I named our bill that would help 
solve this problem the Danny Keysar Child Product Safety

[[Page 7702]]

Notification Act because his story is a tragic example of the 
inadequacy of our current recall practices.
  Danny Keysar, the precious 17-month old son of Linda Ginzel and her 
husband, Boaz Keysar, died when the Playskool Travel-Lite portable crib 
he had been napping in at his babysitter's home collapsed. The rails of 
the crib folded into a ``V''-shaped wedge when he stood up, trapping 
his neck. He was strangled to death. It was May 12, 1998, five years 
after the CPSC had ordered it off the shelves because it was so 
dangerous.
  Word of its hazard had not reached Danny's parents, the caregiver 
with whom he was staying, or a state safety inspector who visited the 
home just eight days before Danny's death. Had the Child Product Safety 
Notification Act been in effect, there would have been a much greater 
chance of saving Danny's life--and the 11 children who have since died 
from the TravelLite.
  We know that recall registration cards work. My bill is modeled after 
the National Highway and Transportation Safety Administration's recall 
system for car seats. Since NHTSA started requiring car seats to have 
registration cards in 1993, the number of families registering 
increased by at least tenfold. In fact, 53 percent of parents who 
obtained cards mailed in the cards. Recall repair rates have gone up by 
56 percent--all for a mere 43-cents per item. This bill will give 
families a much greater chance to repair, return, or discard any 
dangerous products that have made it into their children's nursery.
  It is past due that we give parents the security they deserve and 
children the safety they need. I urge my colleagues to support these 
two bills.

                          ____________________




INTRODUCTION OF HOUSE RESOLUTION 267 CONDEMNING THE ISLAMIC REPUBLIC OF 
          IRAN FOR ITS SEIZURE OF BRITISH SAILORS AND MARINES

                                 ______
                                 

                         HON. MARK STEVEN KIRK

                              of illinois

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. KIRK. Madam Speaker, today I introduced House Resolution 267 with 
my fellow Iran Working Group co-Chair Congressman Rob Andrews (D-NJ) 
and Iran Working Group Vice-Chairs Dr. Charles Boustany (R-LA) and Ron 
Klein (D-FL). This resolution condemns the Islamic Republic of Iran for 
seizing 15 British sailors and marines in the Persian Gulf and calls 
for their immediate release. These sailors and marines, based on the 
HMS Cornwall, had finished a routine search of a civilian vessel in 
Iraqi waters at the time of the kidnapping. The Iranian regime now says 
it may charge the sailors and marines for illegally entering Iranian-
controlled waters.
  The British soldiers were captured a day before the UN debated 
additional sanctions for Iran's continued efforts to enrich uranium. 
The sanctions were unanimously approved, and include a ban on arms 
sales from Iran as well as freezing assets of 28 people and 
organizations involved with the nation's nuclear programs.
  Our resolution also asks the Security Council to explore new economic 
sanctions against Iran, including a restriction on gasoline imports. 
Despite its status as a top oil producing nation, Iran is highly 
dependent on foreign gasoline due to severe mismanagement of its 
domestic energy supply. An international restriction on foreign 
gasoline is the most effective economic lever in our diplomatic toolbox 
to prevent further Iranian hostility, deny Iran's ability to militarize 
the Persian Gulf and enforce Iran's nonproliferation commitments.
  The Iranian regime defied international law by seizing sailors in 
waters outside of its jurisdiction. Our resolution sends a strong 
message of condemnation from the House of Representatives.
  I want to thank Reps. Andrews, Boustany and Klein for leading with me 
on this resolution. I look forward to working with them and the more 
than fifty original cosponsors on this important initiative.

                          ____________________




           INTRODUCTION OF THE BLUE WATER HIGHWAY ACT OF 2007

                                 ______
                                 

                            HON. DAVE WELDON

                               of florida

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. WELDON of Florida. Madam Speaker, today I introduced the Blue 
Water Highway Act of 2007.
  As Members of this body know, the ability to cost-effectively 
transport goods to domestic markets is vital to our economy. It's 
becoming increasingly clear, however, that economic and population 
growth is far outpacing our ability to maintain and expand our existing 
transportation infrastructure, posing serious, long-term challenges to 
our current reliance upon land-based shipping.
  In Florida and around the country, roadway congestion and driver 
shortages are already making it difficult for trucking companies to 
expand capacity. Freight shipping by rail is encountering serious 
capacity problems in some regions, as well. And, recent estimates 
indicate that overall freight traffic will continue to increase 
exponentially in the coming years--up as much as 70 percent by 2020.
  Madam Speaker, we are presented with a choice as we seek to address 
this capacity crunch: We can try to engineer our way out of the current 
situation at hundreds of billions of dollars in new federal 
expenditures. Or, we can find alternate innovative modes of 
transportation that will help absorb some of the traffic our growing 
economy continues to create.
  While we must continue to invest in our surface transportation 
infrastructure, I believe that an alternative, environmentally sound 
mode of transportation is at our fingertips that will lessen highway 
congestion, save energy, and reduce air pollution.
  Short sea shipping, or what I call the ``Blue Water Highway,'' 
involves shipping cargo by sea between U.S. ports. By establishing a 
``highway'' along our coast where smaller cargo ships travel from port 
to port along the Eastern Seaboard, Gulf Coast, Pacific Coastline, and 
the Great Lakes, we have the opportunity to significantly reduce 
highway congestion in an environmentally friendly and economically 
sound manner. Additionally, sea-based shipping would mitigate against 
wear and tear on our highways, potentially delaying the need for 
expensive taxpayer-funded improvement projects and allowing such funds 
instead to be used to free traffic congestion.
  Though getting the Blue Water Highway up and running is no small 
task, I believe that a modest tax policy change provided in my 
legislation would significantly encourage the development of a short 
sea shipping industry.
  The Blue Water Highway Act of 2007 would amend the Internal Revenue 
Code to exempt cargo shipped between U.S. mainland ports from the 
harbor maintenance tax. This simple tax reform would remove the primary 
prohibitive cost to short sea shipping, allowing designated cargo 
vessels to travel from Port Canaveral in Florida, to Baltimore, and 
then onto New York and Bridgeport, Conn. making other port calls along 
the way without having to pay the cargo tax each time it enters a port.
  Madam Speaker, amending the harbor maintenance tax is a reasonable 
policy objective that would go a long way toward moving short sea 
shipping from the backwater of the shipping industry.

                          ____________________




        HONORING THE BREESE CENTRAL LADY COUGARS BASKETBALL TEAM

                                 ______
                                 

                           HON. JOHN SHIMKUS

                              of illinois

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. SHIMKUS. Madam Speaker, today I rise to honor the Breese Central 
Lady Cougars basketball team on their success in winning the 
championship game of the 28th annual Class A state tournament at 
Redbird Arena in Normal, Illinois.
  Jessica Hemann, Courtney Strieker, Leann Voss, Britni Holtmann, K.C. 
Root, Christy Rolfingsmeyer, Katie Robben, Kelsie Netemeyer, Katelin 
Wiegmann, Tiffany Hilmes, Katie Scheer, Lauren Budde, and Cassandra 
Deiters make up this victorious team of athletes, which are lead by 
Head Coach Nathan Rueter and Assistant Coaches Angela Witte and Kelly 
Hasheider.
  The Number 11 State-Ranked Breese Central ladies received medals 
after winning against Number 9 State-Ranked Rochester in a 47-41 
victory.
  I am very pleased to congratulate the Breese Central Lady Cougars on 
their victory and wish them the best of luck for next season.

                          ____________________




                       TRIBUTE TO DOLORES HUERTA

                                 ______
                                 

                             HON. JOE BACA

                             of california

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. BACA. Madam Speaker, I rise today to voice my strong support for 
H. Res. 37. This

[[Page 7703]]

resolution honors Dolores Huerta for her commitment to protecting the 
rights of women and children everywhere, and improving the lives of 
farm workers.
  I want to thank my colleague from California, Rep. Hilda Solis, for 
sponsoring this resolution.
  Since 1955, Dolores Huerta has been a preeminent figure in the civil 
rights movement. She has dedicated her life to fighting for the rights 
of workers, women, and children. Dolores has lived a life full of 
compassion and love for her fellow man. Her actions helped to change 
the way farm workers were treated and further established fair 
treatment and respectable working conditions for them.
  As a strong female leader, Dolores Huerta defied cultural and gender 
stereotypes. She has been awarded the Eleanor D. Roosevelt Human Rights 
Award and was inducted into the Women's Hall of Fame in 1993. Together 
with Cesar Chavez, she founded the National Farm Workers Association, 
now the United Farm Workers Organizing Committee.
  Beyond her professional work, she is a proud mother of 11 children 
and many grandchildren and great-grandchildren.
  I urge my colleagues to send a message of support for the rights of 
all workers and to honor the accomplishments of a true revolutionary, 
Dolores Huerta, by supporting H. Res. 37.

                          ____________________




   RECOGNIZING LOYOLA UNIVERSITY CHICAGO'S CENTER FOR PUBLIC SERVICE

                                 ______
                                 

                           HON. RAHM EMANUEL

                              of illinois

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. EMANUEL. Madam Speaker, I rise today to recognize; Loyola 
University Chicago for its enduring commitment to community service and 
its creation of the Center for Public Service. I am pleased that the 
Center will house the congressional papers of former Congressman Henry 
J. Hyde and former Congressman Dan Rostenkowski.
  Loyola's Center for Public Service will undertake the task of 
encouraging citizens to dedicate their lives to civil service and 
government. Through research and discourse, this non-partisan academic 
unit will increase education on important policy issues.
  Both Congressman Hyde and Congressman Rostenkowski attended Loyola, 
so it seems fitting that their work will be preserved there.
  Congressman Hyde recently retired from Congress after serving the 
people of the Sixth district of Illinois for 15 terms. The former Dean 
of the Illinois delegation served as Chairman of the Judiciary 
Committee from 1995-2001 and was later Chairman of the International 
Relations Committee.
  Congressman Rostenkowski, or Mr. Chairman as he is still known, 
served my district in the House and was a legislative force for 34 
years. As the Chairman of the Ways and Means Committee, he played an 
important role in tax and trade policy for thirteen years.
  Madam Speaker, I congratulate Loyola University Chicago for its 
creation of the Center for Public Service and its collection of the 
congressional papers of former Congressmen Henry J. Hyde and Dan 
Rostenkowski. I wish its faculty, staff and students the best of luck 
as they pursue lives of public service.

                          ____________________




   TRIBUTE TO SAM MURPHEY FOR A LIFETIME OF DEDICATED SERVICE TO THE 
                 NATION AND THE PEOPLE OF CENTRAL TEXAS

                                 ______
                                 

                           HON. CHET EDWARDS

                                of texas

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. EDWARDS. Madam Speaker, I rise today to honor a dedicated public 
servant of the people of Central Texas, Sam Murphey. Sam is about to 
embark on a well-deserved retirement after 22 years of service in the 
U.S. Army and 16 years looking after the needs of the people of Central 
Texas as my right-hand man and District Director.
  Sam Murphey is a decorated soldier and veteran whose distinguished 
service in the United States Army and his service to the constituents 
of Central Texas is unparalleled in my experience. The positive impact 
Sam has had is immeasurable and proof that one person can truly make a 
difference in the lives of others. Sam is known by many names: husband, 
father, grandfather, motivator, leader, and confidante. I join the many 
others who are fortunate to call him ``friend''.
  Sam graduated from the University of Texas in 1967 earning a 
bachelors degree in business administration and a commission in the 
Regular Army of the United States as a 2nd Lieutenant of Field 
Artillery. Sam later earned his master of science degree in management 
from the University of Central Texas in 1981 and he has completed an 
additional 18 post-graduate hours of study in political science.
  Following his graduation from the University of Texas, Sam began a 
22-year career in the U.S. Army that took him to assignments in the 
United States, Europe, Korea and Vietnam. He spent his combat tour in 
Vietnam as a Field Artillery Forward Observer and Liaison Officer with 
the 173rd Airborne Brigade. Other notable experiences during his 
military career include a teaching assignment in the Gunnery Department 
of the U.S. Army Field Artillery School, graduation from the Marine 
Corps Command and Staff College, and an assignment at the U.S. Air 
Force Academy as Air Officer Commanding of Cadet Squadron 29. He 
retired from the Army at Fort Hood, Texas on October 1, 1989.
  In March 1991, as a newly elected Congressman, I was wise enough to 
hire Sam as my primary contact for the military and veterans 
communities in what was then District 11. Sam excelled in that role and 
became the District Director in January 1996. As a local veterans 
leader, his counsel and advice have been indispensable over the years.
  Among many other accomplishments, Sam played a key leadership role in 
the successful fight to save the Waco VA hospital from closure and 
helped make it into a national center of excellence. The massive 
modernization of Fort Hood in the 1990s had Sam Murphey's fingerprints 
all over it. Countless soldiers and their families have benefited from 
Sam's hard work to make dramatic improvements in barracks, housing, and 
training facilities at Fort Hood. Sam was also instrumental in opening 
Gray Army Airfield to commercial aviation, providing land for the 
Central Texas Veterans Cemetery and Tarleton State's upper level 
institution in Killeen.
  As a district director, it goes without saying that Sam is very 
active in local community affairs, but he also spends much of his free 
time to give back to the community. He continues to serve as Vice 
Chairman of the Board of Directors of Heart O' Texas Federal Credit 
Union. He is a past president of the University of Central Texas Alumni 
Association, and has taught government and business classes at the 
University of Central Texas and Central Texas College as a member of 
their adjunct faculty. He is a past chairman of the Harker Heights 
Chamber of Commerce Board of Directors and served 6 years as 
Commissioner on the Harker Heights Planning and Zoning Commission. He 
is a co-founder of the Harker Heights Economic Development Corporation 
and is a past president of the Central Texas--Fort Hood Chapter of the 
Association of the United States Army and of the Central Texas Chapter 
of the Military Officers Association of America. He is a graduate of 
Leadership Temple and Leadership Killeen and is a co-founder of the 
Leadership Belton program. He was recently named Chairman of the Harker 
Heights Chamber of Commerce Military Affairs Committee.
  Sam and his wonderful wife Peggy, his much, much better half, are 
retiring at the same time to enjoy their beautiful family together in 
Harker Heights, Texas. Peggy is retiring after a career of service to 
the soldiers and families at Fort Hood, a place that I had the 
privilege to represent for 14 years and is very close to my heart. The 
Good Lord has blessed Sam and Peggy with two children, Steven and 
Kathleen and five grandchildren, Samantha and Steven Murphey, Hartley, 
Elle and Sophia Corsi.
  May the Good Lord continue to watch over them and as Sam is fond of 
saying, ``bless their little hearts.''
  Thank you, Sam for your personal friendship and for your service to 
the people of Central Texas and the citizens of our Nation. We wish you 
and your family all the best in the years ahead.

                          ____________________




                         TRIBUTE TO GARY PLAYER

                                 ______
                                 

                       HON. LYNN A. WESTMORELAND

                               of georgia

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. WESTMORELAND. Madam Speaker, I rise today to carry on a tradition 
started by the late Congressman Charlie Norwood, whose death this year 
was a great loss to Georgia and the U.S. House of Representatives. Each 
year on the eve of the Masters golf tournament in his hometown of 
Augusta, GA., Congressman Norwood would honor a golfer of great acclaim 
before his colleagues in the House.

[[Page 7704]]

  This year, that tribute belongs to Gary Player, a world-renowned 
golfer whose accomplishments extend far beyond the links. In April, Mr. 
Player will tee up at the Augusta National for the Masters tournament 
for the 50th consecutive year, a remarkable achievement of longevity in 
any career. Few events in sports compare to the grace and beauty of the 
Masters tournament, and for a half century, Mr. Player has played an 
important role in one of the most cherished and most watched sporting 
events in the world.
  Gary Player's record is the envy of countless golfers. It includes 
159 victories worldwide. He holds nine major championships including: 
three Masters, three British Opens, two U.S. Opens and one PGA 
Championship. In addition, he has won the World Match Play Championship 
four times.
  Outside the game of golf, Mr. Player has dedicated his life to 
family--he is celebrating his 50th wedding anniversary this year--and 
to serving the underprivileged.
  In 1983, he established the Gary Player Foundation to address the 
education crisis in South Africa. The Player family started the Blair 
Atholl School--complete with a primary school of 400 students, a pre-
elementary school for 75, a community resource center and a sports 
complex. The foundation ensures high-quality education, a nutritional 
feeding scheme and basic medical care for each child.
  Besides his foundation, Gary Player hosts the annual Nelson Mandela 
Invitational Golf Tournament, one of the largest charity events in 
South Africa. To recognize his many achievements, Gary Player was 
awarded an Honorary Doctor of Laws from the Saint Andrews University in 
1995.
  Gary Player has lived an incredible life and he doesn't take those 
blessings for granted. He has said, ``I have been so lucky with golf, 
with my family, with my health, all I can be is thankful.'' Let us wish 
him continued luck and thanks for his accomplishments on and off the 
course. Mr. Player, good luck in Augusta.

                          ____________________




  ON THE INTRODUCTION OF THE DHS SAFE ACT TO ENHANCE THE SECURITY OF 
DEPARTMENT OF HOMELAND SECURITY BADGES, IDENTIFICATION CARDS, UNIFORMS, 
                        AND PROTECTIVE EQUIPMENT

                                 ______
                                 

                           HON. BOB ETHERIDGE

                           of north carolina

                    in the house of representatives

                         Monday, March 26, 2007

  Mr. ETHERIDGE. Madam Speaker, today I have introduced, together with 
my colleagues from the Committee on Homeland Security, Chairman 
Thompson of Mississippi and Mr. Rogers of Alabama, legislation that 
will prevent terrorists or others with bad intent from posing as 
Homeland Security officials or officers. This common sense bill will 
require the Department of Homeland Security to make sure that sensitive 
material--badges, identification cards, uniforms, and protective gear--
is made in the United States. As these items would be vulnerable to 
theft in transit, it just makes sense to make sure they start and stay 
in America.
  When the Department of Homeland Security buys identification cards 
overseas, there is no system in place to ensure that they are not 
stolen and misappropriated by terrorists, who could then pass into 
restricted areas with fraudulent credentials. In countries with less 
robust ethical and management standards for business, manufacturers 
might even be willing to sell uniforms or badges to the highest bidder. 
The men and women who serve in positions that protect our security are 
put at risk by a policy that does not secure these materials, and the 
practice of purchasing them overseas without appropriate safeguards 
must end.
  It is certainly not uncommon for cargo to be hijacked or lost, 
particularly in the staging areas at our Nation's ports of entry. The 
potential theft of uniforms, badges, or ID cards by the truckload pose 
a clear threat. These items are meant to serve as validation that those 
charged with securing our country are who they say they are; 
misappropriation is unacceptable.
  This legislation will not slow down the Department at all with regard 
to purchases; it merely ensures that sensitive materials are kept 
securely inside the United States when appropriate. The bill contains a 
waiver for small purchases and for material that will be used outside 
of the United States. It gives the Department the flexibility to 
procure materials outside of the United States if necessary and as long 
as steps are taken to prevent misappropriation.
  This legislation is focused and targeted at the area of greatest risk 
in procurement. I urge my colleagues in the House of Representatives to 
support it.

                          ____________________




                       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.
  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, March 27, 2007 may be found in the 
Daily Digest of today's Record.

                           MEETINGS SCHEDULED

                                MARCH 28
     9:30 a.m.
       Armed Services
       Strategic Forces Subcommittee
         To hold hearings to examine the Strategic Forces Program 
           in review of the Defense Authorization Request for 
           fiscal year 2008 and the future years Defense Program, 
           with the possibility of a closed session in SR-222 
           following the open session.
                                                           SR-232A
       Joint Economic Committee
         To hold hearings to examine the current economic outlook.
                                                            SH-216
     9:45 a.m.
       Appropriations
       Labor, Health and Human Services, Education, and Related 
           Agencies Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2008 for the Department of Labor.
                                                            SD-124
     10 a.m.
       Environment and Public Works
         To hold hearings to examine reducing government building 
           operational costs through innovation and efficiency, 
           focusing on legislative solutions.
                                                            SD-406
       Finance
         To hold hearings to examine risks and reform, focusing on 
           the role of currency in the U.S.-China relationship.
                                                            SD-215
       Commerce, Science, and Transportation
       Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee
         To hold hearings to examine the future of the Coast Guard 
           Dive Program.
                                                            SR-253
       Rules and Administration
         Business meeting to consider S. 223, to require Senate 
           candidates to file designations, statements, and 
           reports in electronic form.
                                                            SR-301
       Appropriations
       State, Foreign Operations, and Related Programs 
           Subcommittee
         To hold hearings to examine the proposed budget estimates 
           for fiscal year 2008 for the United States Agency for 
           International Development and foreign assistance 
           programs.
                                                            SD-138
     10:30 a.m.
       Appropriations
       Defense Subcommittee
         To hold hearings to examine the proposed budget estimates 
           for fiscal year 2008 for the United States Navy.
                                                            SD-192
       Aging
         To hold hearings to examine affordable drug coverage that 
           works for Wisconsin, focusing on preserving senior 
           care.
                                                            SD-562
     11:45 a.m.
       Foreign Relations
         Business meeting to consider S. 193, to increase 
           cooperation on energy issues between the United States 
           Government and foreign governments and entities in 
           order to secure the strategic and economic interests of 
           the United States, S. 613, to enhance the overseas 
           stabilization and reconstruction capabilities of the 
           United States Government, H.R. 1003, to amend the 
           Foreign Affairs Reform and Restructuring Act of 1998 to 
           reauthorize the United States Advisory Commission on 
           Public Diplomacy, S. Res. 30, expressing the sense of 
           the Senate regarding the need for the United States to 
           address global climate change through the negotiation 
           of fair and effective international commitments, S. 
           Res. 65, condemning the

[[Page 7705]]

           murder of Turkish-Armenian journalist and human rights 
           advocate Hrant Dink and urging the people of Turkey to 
           honor his legacy of tolerance, S. Res. 76, calling on 
           the United States Government and the international 
           community to promptly develop, fund, and implement a 
           comprehensive regional strategy in Africa to protect 
           civilians, facilitate humanitarian operations, contain 
           and reduce violence, and contribute to conditions for 
           sustainable peace in eastern Chad, and Central African 
           Republic, and Darfur, Sudan, and the nominations of 
           Paul J. Bonicelli, of Virginia, to be an Assistant 
           Administrator of the United States Agency for 
           International Development, Curtis S. Chin, of New York, 
           to be United States Director of the Asian Development 
           Bank, with the rank of Ambassador, Eli Whitney 
           Debevoise II, of Maryland, to be United States 
           Executive Director of the International Bank for 
           Reconstruction and Development, Sam Fox, of Missouri, 
           to be Ambassador to Belgium, Zalmay Khalilzad, of 
           Maryland, to be the Representative of the United States 
           of America to the United Nations, with the rank and 
           status of Ambassador and the Representative of the 
           United States of America in the Security Council of the 
           United Nations, Margrethe Lundsager, of Virginia, to be 
           United States Executive Director of the International 
           Monetary Fund, Katherine Almquist, of Virginia, to be 
           an Assistant Administrator of the United States Agency 
           for International Development, Douglas Menarchik, of 
           Texas, to be an Assistant Administrator of the United 
           States Agency for International Development. 
           (Reappointment), and Ford M. Fraker, of Massachusetts, 
           to be Ambassador to the Kingdom of Saudi Arabia.
                                                            SD-419
     2:30 p.m.
       Appropriations
       Interior, Environment, and Related Agencies Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2008 for United States Forest Service.
                                                            SD-124
       Commerce, Science, and Transportation
       Space, Aeronautics, and Related Agencies Subcommittee
         To hold hearings to examine transitioning to a next 
           generation Human Space Flight System.
                                                            SR-253
     3 p.m.
       Appropriations
       Financial Services and General Government Subcommittee
         To hold hearings to examine the proposed budget estimates 
           for fiscal year 2008 for the Department of the 
           Treasury.
                                                            SD-192
       Health, Education, Labor, and Pensions
         To hold hearings to examine No Child Left Behind 
           Reauthorization, focusing on effective strategies for 
           engaging parents and communities in schools.
                                                            SD-430
     3:30 p.m.
       Armed Services
       Personnel Subcommittee
         To hold hearings to examine active component, reserve 
           component, and civilian personnel programs in review of 
           the Defense Authorization Request for fiscal year 2008 
           and the future years Defense Program.
                                                           SR-232A

                                MARCH 29
     9:15 a.m.
       Indian Affairs
         To hold an oversight hearing to examine Indian trust fund 
           litigation.
                                                            SR-485
     9:30 a.m.
       Armed Services
         To hold hearings to examine the Department of the Navy in 
           review of the Defense Authorization Request for fiscal 
           year 2008 and the future years Defense Program, with 
           the possibility of a closed session in SR-222 following 
           the open session.
                                                            SD-106
       Foreign Relations
         To hold hearings to examine an update on Iran; may be 
           followed by a business meeting to consider pending 
           calendar business.
                                                            SD-419
       Small Business and Entrepreneurship
         Business meeting to markup S. 163, to improve the 
           disaster loan program of the Small Business 
           Administration.
                                                           SR-428A
       Veterans' Affairs
         To hold joint hearings with the House Committee on 
           Veterans' Affairs to examine the legislative 
           presentation of AMVETS, American Ex-Prisoners of War, 
           Military Order of the Purple Heart, Gold Star Wives of 
           America, Fleet Reserve Association, the Retired 
           Enlisted Association, Military Officers Association of 
           America, and the National Association of State 
           Directors of Veterans Affairs.
                                                            SD-226
     10 a.m.
       Commerce, Science, and Transportation
         To hold hearings to examine the nomination of David James 
           Gribbin IV, of Virginia, to be General Counsel of the 
           Department of Transportation.
                                                            SR-253
       Environment and Public Works
         Business meeting to consider S. 801, to designate a 
           United States courthouse located in Fresno, California, 
           as the ``Robert E. Coyle United States Courthouse'', S. 
           521, to designate the Federal building and United 
           States courthouse and customhouse located at 515 West 
           First Street in Duluth, Minnesota, as the ``Gerald W. 
           Heany Federal Building and United States Courthouse and 
           Customhouse'', the Public Buildings Cost Reduction Act, 
           the Water Resources Development Act of 2007, and the 
           nominations of Roger Romulus Martella, Jr., of 
           Virginia, to be Assistant Administrator of the 
           Environmental Protection Agency, and Bradley Udall, of 
           Colorado, to be a Member of the Board of Trustees of 
           the Morris K. Udall Scholarship and Excellence In 
           National Environmental Policy Foundation.
                                                            SD-406
       Homeland Security and Governmental Affairs
       Federal Financial Management, Government Information, 
           Federal Services, and International Security 
           Subcommittee
         To hold hearings to examine eliminating and recovering 
           improper payments, focusing on the Office of Management 
           and Budget report entitled ``Improving the Accuracy and 
           Integrity of Improper Payments''.
                                                            SD-342
       Finance
         To hold hearings to examine clean energy from the margins 
           to the mainstream.
                                                            SD-215
       Judiciary
         To continue hearings to examine Department of Justice 
           hiring and firing of United States Attorneys, focusing 
           on preserving prosecutorial independence.
                                                            SH-216
     2 p.m.
       Judiciary
         Business meeting to consider S. 236, to require reports 
           to Congress on Federal agency use of data mining, S. 
           376, to amend title 18, United States Code, to improve 
           the provisions relating to the carrying of concealed 
           weapons by law enforcement officers, S. 849, to promote 
           accessibility, accountability, and openness in 
           Government by strengthening section 552 of title 5, 
           United States Code (commonly referred to as the Freedom 
           of Information Act), S. 119, to prohibit profiteering 
           and fraud relating to military action, relief, and 
           reconstruction efforts, S. 621, to establish 
           commissions to review the facts and circumstances 
           surrounding injustices suffered by European Americans, 
           European Latin Americans, and Jewish refugees during 
           World War II, and S. Res. 108, designating the first 
           week of April 2007 as ``National Asbestos Awareness 
           Week'' and to discuss the possibility of the issuance 
           of certain subpoenas in connection with investigation 
           into replacement of United States Attorneys.
                                                            SD-226
     2:30 p.m.
       Intelligence
         Closed business meeting and hearing regarding certain 
           intelligence matters.
                                                            SH-219

                                MARCH 30
     10 a.m.
       Appropriations
       Legislative Branch Subcommittee
         To hold hearings to examine proposed budget estimates for 
           fiscal year 2008 for the Office of the Senate Sergeant 
           at Arms and Doorkeeper, and the United States Capitol 
           police.
                                                            SD-138

                                APRIL 10
     10 a.m.
       Commerce, Science, and Transportation
         To hold an oversight hearing to examine the Federal Trade 
           Commission (FTC).
                                                            SR-253

                                APRIL 11
     9:30 a.m.
       Veterans' Affairs
         To hold hearings to examine issues relative to Filipino 
           veterans.
                                                            SR-418
     10 a.m.
       Banking, Housing, and Urban Affairs
         To hold hearings to examine the availability and 
           affordability of property and casualty insurance in the 
           Gulf Coast and other coastal regions.
                                                            SD-538
       Rules and Administration
         To hold an oversight hearing to examine the Smithsonian 
           Institution.
                                                            SR-301


[[Page 7706]]

                                APRIL 17
     10 a.m.
       Judiciary
         To hold an oversight hearing to examine the Department of 
           Justice.
                                                            SD-106

                                APRIL 25
     2 p.m.
       Veterans' Affairs
         To hold an oversight hearing to examine the Department of 
           Veterans Affairs, focusing on mental health issues.
                                                            SR-418

                                APRIL 26
     10 a.m.
       Commerce, Science, and Transportation
       Science, Technology, and Innovation Subcommittee
         To hold hearings to examine clean coal technology.
                                                            SR-253