110 th CONGRESS, FIRST SESSION
of America PROCEEDINGS AND DEBATES OF THE
Vol. 153 WASHINGTON, FRIDAY, JULY 20, 2007 No. 117
House of Representatives
The House was not in session today. Its next meeting will be held on Monday, July 23, 2007, at 10:30 a.m.
FRIDAY, JULY 20, 2007
The Senate met at 10:01 a.m. and was The assistant legislative clerk read measure. There is an order that has
called to order by the Honorable the following letter: been entered which provides for the
SHERROD BROWN, a Senator from the U.S. SENATE, possibility—I say possibility—of 12
State of Ohio. PRESIDENT PRO TEMPORE, first-degree amendments, and, of
Washington, DC, July 20, 2007. course, second-degree amendments.
PRAYER To the Senate: But this all must be completed within
The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, 8 hours. First-degree amendments will
of the Standing Rules of the Senate, I hereby
fered the following prayer: be limited to 30 minutes, and second-
appoint the Honorable SHERROD BROWN, a
Let us pray. Senator from the State of Ohio, to perform degree amendments will be limited to
Our Father, be with our lawmakers the duties of the Chair. 15 minutes, so we are going to, hope-
not only in great moments but also in ROBERT C. BYRD, fully, conclude this matter on Monday.
the repetitive and common tasks of President pro tempore. If all the amendments are not offered,
life. Make them children of faith and Mr. BROWN thereupon assumed the it would, of course, shorten the time.
heirs of peace. May they tackle even chair as Acting President pro tempore. The two managers are Senators KEN-
mundane responsibilities with integ- NEDY and ENZI, who did such a good job
rity and faithfulness, cheerfulness and on the bill yesterday, until they lost
kindness, optimism and civility. Give RECOGNITION OF THE MAJORITY control of it with the rules we have
them wisdom to be patient with others, LEADER here, which I hope—I see my friend in
ever lenient to their faults and ever The ACTING PRESIDENT pro tem- the Chamber, the distinguished junior
prompt to praise their virtues. May pore. The majority leader is recog- Senator from Utah. I hope as one of the
they bear with one another’s burdens nized. key members of the Rules Committee—
and so fulfill Your law. Keep them ever Mr. REID. Mr. President, we will be being the ranking member of the Rules
mindful of the brevity of life and of the in session today with speeches in morn- Committee—he and Senator FEINSTEIN
importance of being faithful in life’s ing business and Senators allowed to will look at a way we can change these
little things. speak for up to 15 minutes each. Sen- rules. What went on last night was ri-
You are our Lord and Saviour. Amen. ator DORGAN, though, under an order diculous. There is no way to stop that
f entered last night, may speak for up to unless the rules are changed, and we
PLEDGE OF ALLEGIANCE 30 minutes. should change those rules. I think it
We all know this has been a long, can be done with the Rules Committee.
The Honorable SHERROD BROWN led We have to take a look at that. It did
the Pledge of Allegiance, as follows: hard week. We have had numerous
votes. I express my appreciation for not help anybody.
I pledge allegiance to the Flag of the
staff who have worked so hard all But, anyway, that is what happened.
United States of America, and to the Repub-
lic for which it stands, one nation under God, week—2 days in a row, and then last But it is not going to be that way on
indivisible, with liberty and justice for all. night we ended sometime this morning. this matter on Monday. As I said, Sen-
f So I appreciate very much the hard ators KENNEDY and ENZI managed the
work of all the very loyal, dedicated bill very well, until it ran into the rule
APPOINTMENT OF ACTING staff. we have that allows unending amend-
PRESIDENT PRO TEMPORE There will be no rollcall votes today. ments on any subject forever, literally,
The PRESIDING OFFICER. The Next week, I am happy to report and before you get to final passage.
clerk will please read a communication recognize we will have a lot to do. Mon- So we will have multiple votes start-
to the Senate from the President pro day we are going to work on another ing at about 5:15 on Monday. Members
tempore (Mr. BYRD). education measure, a higher education should plan accordingly.
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∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
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S9646 CONGRESSIONAL RECORD — SENATE July 20, 2007
MEASURE PLACED ON THE The naked [short selling] debate is a prod- at some point he has to produce 1,000
CALENDAR—H.R. 980 uct of the revolution that has occurred in shares to cover his sale. How do you do
stock trading over the past 40 years. Up to that? You borrow the shares, and then
Mr. REID. Mr. President, I under- the 1960s, trading involved hundreds of mes-
stand that H.R. 980 is at the desk and you buy them back at some future
sengers crisscrossing lower Manhattan with
due for a second reading. Is that right? bags of stock certificates and checks. As time.
The ACTING PRESIDENT pro tem- trading volume hit 15 million shares daily, All right. From whom do you borrow
pore. That is correct. the New York Stock Exchange had to close them? The DTCC. They have all the
Mr. REID. Mr. President, it is my un- for part of each week to clear the paperwork shares on deposit, and so you go to the
derstanding the clerk is going to report backlog. DTCC and you say: I want to borrow
the matter. As an insert in the quotation, I re- 1,000 shares of XYZ stock. They say:
The ACTING PRESIDENT pro tem- member those days. I was trading in Fine, we have them on deposit. We will
pore. The clerk will report. the stock market at the time, and hav- lend them to you so you can use them
The assistant legislative clerk read ing the market shut down to clear the for your short sale.
as follows: back office paperwork was not an un- All right, everything is fine—except
usual experience. Going back to the ar- in this electronic age, it is possible for
A bill (H.R. 980) to provide collective bar-
gaining rights for public safety officers em- ticle: you to keep shuffling around the elec-
ployed by States or their political subdivi- That led to the creation of DTCC— tronic impulses that represent the
sions. Those are initials for the Depository stock and never ever have to buy it
Mr. REID. Mr. President, I object to Trust and Clearing Corporation— back.
Stop and think about that. That is a
any further proceedings at this time. which is regulated by the SEC.
pretty good business plan. You can sell
The ACTING PRESIDENT pro tem- If I might, as an aside, I do not think as much as you want and never ever
pore. Objection is heard. that last statement is true. I am not have to pay for it. If a stock is trading
The bill will be placed on the cal- sure that the SEC has control over the at $5 a share, you could go in and sell
endar. DTCC. 1,000 shares, and you get paid $5,000 for
f Almost all stock is now kept at the com- selling 1,000 shares, and you never have
pany’s central depository and never leaves to buy them. Because you are con-
RESERVATION OF LEADER TIME there. Instead, a stock buyer’s brokerage ac-
count is electronically credited with a ‘‘secu-
stantly moving around the electronic
The ACTING PRESIDENT pro tem-
rities entitlement.’’ This electronic credit impulses that represent those shares,
pore. Under the previous order, the
can, in turn, be sold to someone else. you never have to cover.
leadership time is reserved. Now, when you talk to the DTCC peo-
Replacing paper with electrons has allowed
f stock-trading volume to rise to billions of ple, they say: No, we always make sure
shares daily. The cost of buying or selling there is a delivery. And if there is not,
stock has fallen to less than 3.5 cents a it is not our fault. It is not our respon-
The ACTING PRESIDENT pro tem- share, a tenth of paper-era costs. sibility to police this. It is up to the
pore. Under the previous order, there But to keep trading moving at this pace,
the system can provide cover for naked
brokerage houses to do this.
will now be a period for the transaction The SEC has spent enough time look-
of morning business, with Senators shorting, critics argue. If the stock in a
given transaction isn’t delivered in the 3-day ing at this and enough time talking to
permitted to speak for up to 15 minutes period, the buyer, who paid his money, is me that they issued to me a three-page
each. routinely given electronic credit for the letter outlining the steps they have
The Senator from Utah is recognized. stock. While the SEC calls for delivery in taken to stop the practice of naked
f three days, the agency has no mechanism to short selling.
enforce that guideline. Mr. President, I ask unanimous con-
NAKED SHORT SELLING This is where the practice of naked sent that their letter be included in the
Mr. BENNETT. Mr. President, after short selling comes in. I did not really RECORD at the conclusion of my re-
all the fireworks and contention on understand it until I had some invest- marks.
some previous issues this week, I rise ment bankers—not the kind you find The ACTING PRESIDENT pro tem-
to speak about something that has on Wall Street but the more modest pore. Without objection, it is so or-
very little interest to most Americans kind you find in Salt Lake City—sit me dered.
but tremendous interest, I believe, to a down in front of a screen and show me (See exhibit 2.)
certain portion of our economy. I want what happens with stock trading. To Mr. BENNETT. I think the SEC let-
to use this opportunity to call it to the put it in the simplest terms, someone ter goes a long way—the SEC actions
attention of the Senate. who wants to sell short—that is, sell go a long way. Without getting too
I am talking about a practice that stock he does not own—will place a technical about it, they have taken a
occurs in the stock market that has sale order. number of steps to prevent what are
the very interesting name of naked Now, when I first sold short as a par- called ‘‘fails to deliver’’ and, therefore,
short selling. That conjures up all ticipant in the market, my broker gave to try to stop the naked short-selling
kinds of interesting images in many me this crude little poem to remember. situation.
people’s minds, but this is what it is: It He said: ‘‘He who sells what isn’t his’n, But I have discovered something that
is a practice where somebody sells must buy it back or go to prison.’’ He appears to be a way around the SEC
short a particular stock and never ever said: You have to understand, if you rules. Here is the transaction: Broker
has to cover the sale. sell a stock short, the time is going to A shorts 1,000 shares. At the end of 13
Now, even that may be too much come when you are going to have to days, which is the period he has to
stock-market-type jargon for people to buy it back to cover that sale by deliv- produce the shares, he has been unable
understand what I am talking about. ering shares. In the days the Wall to find any—probably hasn’t even
So let me quote from an article that Street Journal talked about, that looked—but he has this requirement
appeared in the Wall Street Journal a meant buying a crinkly piece of under the SEC rule to produce 1,000
few weeks ago. paper—a stock certificate—and deliv- shares. So he goes to broker B and says
Mr. President, I ask unanimous con- ering it so you have covered your short quietly: Sell me a thousand shares.
sent that the article be printed in the sale. Broker B says: I don’t have any. Broker
RECORD at the conclusion of my re- Today, that is not the case because A says: It doesn’t matter, sell me a
marks. all of the stock certificates are gone, thousand shares so I can cover. Broker
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The ACTING PRESIDENT pro tem- and the crinkly pieces of paper have B: All right. I will sell you a thousand
pore. Without objection, it is so or- been replaced by electronic impulses in shares so you can cover and there will
dered. a computer. So this is what happens. A be no passage of money; this is a deal
(See exhibit 1.) short seller enters the market and between the two of us—a rollover. At
Mr. BENNETT. Quoting from the ar- says: I want to short—I want to sell— the end of 13 days, broker B has to de-
ticle, it says: 1,000 shares of XYZ stock. That means liver a thousand shares, so broker A
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9647
sells the same 1,000 phantom shares Secondly, I think there ought to be a [From the Wall Street Journal, July 5, 2007]
back to broker B, and they ping-pong rule which says a broker cannot be EXHIBIT 1
these back and forth for as long as they paid a commission on a short sale until BLAME THE ‘‘STOCK VAULT’’?
want. the shares are delivered. Back to the CLEARINGHOUSE FAULTED ON SHORT-SELLING
So you can have a situation where business model. The broker sells $5,000 ABUSE; FINDING THE NAKED TRUTH
people are selling shares that don’t worth of stock. He can do it every day. (By John R. Emshwiller and Kara Scannell)
exist, taking commissions on the sale, He can get $5,000 every day, without Depository Trust & Clearing Corp. is a lit-
and the profits of the sale, and never, tle-known institution in the nation’s stock
ever having to cover the stock, and he markets with a seemingly straightforward
ever having to produce the shares.
I think it is serious enough that we gets a commission on making the sale. job: It is the middleman that helps ensure
ought to have a hearing about this in So if you say, no, there will be no com- delivery of shares to buyers and money to
missions paid until the stock is deliv- sellers.
the Banking Committee. I have spoken About 99% of the time, trades are com-
to the chairman of the Banking Com- ered, you will have a significant im-
pleted without incident. But about 1% of the
mittee, Senator DODD, and asked him if pact on stopping this activity. shares valued at about $2.5 billion on a given
it wouldn’t be possible for us to have Now, people who hear the complaints a day—aren’t delivered to the buyer within—
such a hearing at some point in the fu- about naked short selling say: It only the requisite three days, for one reason or
ture. He has expressed a willingness to another.
represents a tiny percentage of the tril- These ‘‘failures to deliver’’ have put DTCC
do that. I understand we can’t set a lions of dollars’ worth of trading activ- in the middle of a long-running fight over
time for that right now; there are too ity that goes on in American markets whether unscrupulous investors are driving
many other things going on in the every day. They are right. It is only a down hundreds of small companies’ share
Banking Committee. But I am de- prices.
tiny percentage. But that is small com-
lighted to know he is willing to cooper- At issue is a nefarious twist on short-sell-
fort to those who have gotten a few ing, a legitimate practice that involves try-
ate with us in examining this issue.
I would like to suggest several things dollars together, formed a business, ing to profit on a stock’s falling price by
I would like to discuss at that hearing. gone to the market to try to raise selling borrowed shares in hopes of later re-
First, by the way, I want the officials some capital to support the business, placing them with cheaper ones. The twist is
put on the marketplace, say, 25 percent known as ‘‘naked shorting’’—selling shares
of the DTCC to have the opportunity to without borrowing them.
come in and explain how it works. I of their shares, holding the other 75 Illegal except in limited circumstances,
have seen letters to the editor in the percent for themselves, and then get- naked shorting can drive down a stock’s
Wall Street Journal, where they say ting some support in the market so price by effectively increasing the supply of
this article is inaccurate, and I don’t that the shares edge up from 25 cents shares for the period, some people argue.
want to be relying on this article if it to 50 cents to $1, to $1.25 and then sud- There is no dispute that illegal naked
shorting happens. The fight is over how prev-
is inaccurate. I think a congressional denly see the short sellers come in and
alent the problem is—and the extent to
hearing is a good place for those who say: OK, we will drive that stock back which DTCC is responsible. Some companies
are running the DTCC to explain to us down from $1.25 to 2.5 cents, and we with falling stock prices say it is rampant
how it works. I would like the SEC to will do it by selling stock that doesn’t and blame DTCC as the keepers of the sys-
come in and give us their background exist and in the process we will ruin tem where it happens. DTCC and others say
and information as to how their rules the company. it isn’t widespread enough to be a major con-
are working to try to stop the naked cern.
short selling. But I have these two ad- The one thing that convinced me this The Securities and Exchange Commission
was real was when the investment has viewed naked shorting as a serious
ditional recommendations that I would enough matter to have made two separate ef-
hope we could get done by regulation bankers sat me down in front of a
forts to restrict the practice. The latest
and, if not, I am prepared to introduce screen and showed me the stock trad-
move came last month, when the SEC fur-
legislation to deal with them. ing of a company that has been out of ther tightened the rules regarding when
First, I think there should be a rule business for 3 years, and the stock stock has to be delivered after a sale, But
which says there cannot be borrowing, trades regularly, every 13 days. You some critics argue: the SEC still hasn’t done
that brokers cannot borrow for short know exactly what they are doing. The enough.
sales more stock than is on deposit The controversy has put an unaccustomed
brokers are rolling the stock back and
spotlight on DTCC. Several companies have
with the DTCC. I think that is obvious. forth every 13 days, so they are meet- filed suit against DTCC regarding delivery
If there are 3 million shares of XYZ ing the SEC requirements—they are de- failure. DTCC officials say the attacks are
Company on deposit at the DTCC, peo- livering—but the shares they are deliv- unfounded and being orchestrated by a small
ple should not be able to short sell 4 ering to each other back and forth do group of plaintiffs’ lawyers and corporate ex-
million shares. I have seen the situa- not exist. The company was driven out ecutives looking to make money from law-
tion where people with these small suits and draw attention away from prob-
of business by the short sellers who lems at their companies.
companies—and all this happens pri- made it impossible for them to go to
marily in little companies—people HISTORIC ROOTS
the capital markets. The naked-shorting debate is a product of
with small companies, in an effort to
defend their stock against the short As I said in my opening remarks, this the revolution that has occurred in stock
is a tiny matter. It does not involve trading over the past 40 years. Up to the
sales that are rolling over, are buying
very many people, but to the people 1960s, trading involved hundreds of mes-
stock, and it is electronically credited sengers crisscrossing lower Manhattan with
to them and end up on paper, or at who are involved, it, frankly, can be a bags of stock certificates and checks. As
least on computer, owning more shares matter of life and death. There are trading volume hit 15 million shares daily,
than exist. How can that be? If some- enough of them starting businesses and the New York Stock Exchange had to close
body buys the stock for his company creating entrepreneurial activity in for part of each week to clear the paperwork
and ends up owning 110 percent of the the United States that we owe it to backlog.
issued stock, and people are still sell- That led to the creation of DTCC, which is
them to find out exactly what is going regulated by the SEC. Almost all stock is
ing that stock, you know you are deal- on with respect to this activity. That now kept at the company’s central deposi-
ing with phantom shares. is why I have asked Chairman DODD to tory and never leaves there. Instead, a stock
So my first recommendation would consider a hearing on this matter to let buyer’s brokerage account is electronically
be that the DTCC cannot make avail- us hear from the SEC, to let us hear credited with a ‘‘securities entitlement.’’
able as loans for short sellers more from the DTCC, and to let us hear from This electronic credit can, in turn, be sold to
stock than they have on deposit. Once someone else.
those in the marketplace who have ac- Replacing paper with electrons has allowed
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they have reached the point that 100
tual experience and see if the present stock-trading volume to rise to billions of
percent of the shares they have on de-
SEC rules are sufficient or if we need shares daily. The cost of buying or selling
posit have been loaned out, they can’t stock has fallen to less than 3.5 cents a
loan out any more. I think that is an to do additional things along the lines
of the two items I have suggested. share, a tenth of paper-era costs.
obvious commonsense recommenda- But to keep trading moving at this pace,
tion, but it doesn’t apply now. I yield the floor. the system can provide cover for naked
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S9648 CONGRESSIONAL RECORD — SENATE July 20, 2007
shorting, critics argue. If the stock in a has been raging in the market for years. ing. Such a rule holds the potential of
given transaction isn’t delivered in the While lauding the SEC action, critics are streamlining the prosecution of this form of
three-day period, the buyer, who paid his questioning whether it is sufficient. The SEC market manipulation and, if today’s meas-
money, is routinely given electronic credit still hasn’t taken all the steps necessary to ures leave any doubt, would direct still more
for the stock. While the SEC calls for deliv- ensure ‘‘a free and transparent market’’ as Commission power to stamping out such
ery in three days, the agency has no mecha- required under federal securities laws, says abuses. With its recommendation, the staff
nism to enforce that guideline. James W. Christian, a Houston attorney who should report the level of fails pre- and post-
‘‘PHANTOM STOCK’’ represents several companies that claim to adoption of the rules we consider today so we
have been damaged by naked shorting. can assess their effectiveness.’’
Some delivery failures linger for weeks or
Among other things, authorities need to Pursuant to Chairman Cox’s request, Divi-
months. Until that failure is resolved, there
make public much more trading data related sion Staff is currently examining whether or
are effectively additional shares of a com-
to stock-delivery failures, he says. not the market would benefit from such fur-
pany’s stock rattling around the trading sys- Critics contend that DTCC and the SEC ther rulemaking.
tem in the form of the shares credited to the have been too secretive with delivery-failure
buyer’s account, critics say. This ‘‘phantom B. Short Interest Reporting
data, depriving the public of important infor-
stock’’ can put downward pressure on a com- On February 3, 2006 the Commission ap-
mation about where naked shorting might be
pany’s share price by increasing the supply. proved an NASD rule proposal to amend
taking place. Currently, DTCC’s delivery-
DTCC officials counter that for each unde- NASD Rule 3360 to expand monthly short in-
failure data can only be obtained through a
livered share there is a corresponding obliga- terest reporting to OTC equity securities.
Freedom of Information Act request to the
tion created to deliver stock, which keeps The approval order is available on the Com-
SEC, which has released some statistics that
the system in balance. They also say that mission’s website at http://www.sec.gov/rules/
are generally two months old.
80% of the delivery failures are resolved In light of the controversy, DTCC has pro- sro/nasd.shtml, or in the Federal Register at
within two business weeks. posed making more information available 71 FR 7101.
There are legitimate reasons for delivery and the SEC says it is looking at releasing Recently, on March 6, 2007 the Commission
failures, including simple clerical errors. But aggregate delivery-failure data on a quar- approved rule proposals by the NASD, New
one illegitimate reason is naked shorting by terly basis. York Stock Exchange LLC, and the Amer-
traders looking to drive down a stock’s price. ican Stock Exchange LLC to increase the
Critics contend DTCC has turned a blind EXHIBIT 2 frequency of short interest reporting require-
eye to the naked-shorting problem. ments from monthly to twice per month.
This memorandum has been compiled by
DENVER LAWSUIT The SROs requested, and the Commission ap-
the staff of the SEC. This document has not
In a lawsuit filed in Nevada state court, proved, an implementation date of 180 days
been approved by the Commission and does
Denver-based Nanopierce Technologies Inc. following Commission approval to allow
not necessarily represent the Commission’s
contended that DTCC allowed ‘‘sellers to firms sufficient time to make any necessary
maintain significant open fail to deliver’’ po- systems changes to comply with the new re-
MEMORANDUM porting requirements. The approval order is
sitions of millions of shares of the semicon-
To: Mike Nielsen, Office of Senator Robert F. available on the Commission’s website at
ductor company’s stock for extended periods,
which helped push down Nanopierce’s shares
From: James A. Brigagliano, Associate Di- 55406.pdf, or in the Federal Register at 72 FR
by more than 50%. The small company,
rector, Division of Market Regulation; 4756.
which is now called Vyta Corp., trades on the
Victoria L. Crane, Special Counsel, Divi- C. Public Disclosure of fails to Deliver Data
electronic OTC Bulletin Board market. In re-
sion of Market Regulation.
cent trading, the stock has traded around 40 In response to requests from the public
CC: Josephine Tao, Assistant Director, Divi-
cents. A Nevada state court judge dismissed that the Commission has received regarding
sion of Market Regulation.
the suit, which prompted an appeal by the disclosure of fails to deliver data, including
Re: June 20, 2007 Meeting.
company. inquiries from various members of Congress,
Date: July 13, 2007.
DTCC says the roughly dozen other cases the Commission is considering whether to
against it have almost all been dismissed or I. INTRODUCTION post on its website aggregate fails to deliver
not pursued by the plaintiffs. During our meeting on June 20, 2007 re- data that the Commission’s Office of Eco-
Nanopierce garnered support from the garding various short sale-related items, nomic Analysis receives from the Depository
North American Securities Administrators Senator Bennett requested that we prepare a Trust and Clearing Corp. The data would not
Association, which represents state stock memorandum outlining initiatives taken by include confidential broker information and
regulators. The group filed a brief arguing the Commission and staff of the Commis- would likely be on a delayed basis.
that if the company’s claims were correct, sion’s Division of Market Regulation (‘‘Divi- D. Proposed Amendments to Eliminate the Op-
its shareholders ‘‘have been the victims of sion Staff’) that we discussed during the tions Market Maker Exception
fraud and manipulation at the hands of the meeting. Accordingly, this memorandum dis-
cusses: (a) remarks by Chairman Cox at the On July 14, 2006, the Commission published
very entities that should be serving their in-
June 13 Open Commission Meeting regarding proposed amendments to limit the duration
rulemaking related to abusive ‘‘naked’’ short of the options market maker exception to
DTCC’S DEFENSE the close-out requirements of Rule 203(b)(3)
selling, (b) the expansion of short interest re-
DTCC General Counsel Larry Thompson of Regulation SHO. The Commission pro-
porting requirements to over-the-counter
calls the Nanopierce claims ‘‘pure inven- posed to narrow the options market maker
(‘‘OTC’’) equity securities and the increased
tion.’’ DTCC officials say the main responsi- exception in Regulation SHO because it is
frequency of short interest reporting, (c)
bility for resolving delivery failures lies with concerned about large and persistent fails to
public disclosure by the Commission of fails
the brokerage firms. DTCC nets the broker- deliver in threshold securities attributable,
to deliver data, (d) proposed amendments to
age firms’ positions but it is the brokerages in part, to the options market maker excep-
eliminate the options market maker excep-
that manage their individual client accounts tion, and concerns that such fails to deliver
tion to the close-out requirements of Rule
and know which client failed to deliver their might have a negative effect on the market
203(b)(3) of Regulation SHO, (e) amendments
stock. in these securities.
to Rule 105 of Regulation M, and (f) examina-
DTCC officials say that Nanopierce had in- Based, in part, on commenters’ concerns
tions by self-regulatory organization
ternal business problems—including heavy that they would be unable to comply with
(‘‘SRO’’) and Commission staff to ensure
losses—to explain its stock-price drop. DTCC the amendments to the options market
that options market makers are complying
received support in the suit from the SEC, maker exception as proposed in the 2006 Pro-
with the close-out requirements of 203(b)(3)
which filed a brief defending the trade-proc- posing Release, and statements indicating
of Regulation SHO.
essing system and arguing that federal regu- After you have reviewed the below infor- that options market makers might be vio-
lation pre-empted state-court review. mation, please let us know if there is any ad- lating the current exception, on June 13,
In January 2005, the SEC made an initial ditional information you would like us to 2007, the Commission approved re-proposed
swipe at the naked-shorting problem by re- provide. amendments to the options market maker
quiring that if delivery failures in a par- exception that would eliminate that excep-
ticular stock reached a high enough level, tion to the close-out requirements of Regula-
many of those failures would have to be re- A. Remarks by Chairman Cox at the June 13 tion SHO. In addition, the proposed amend-
solved within 13 business days. But some Open Commission Meeting ments seek comment on two alternative pro-
failures weren’t covered by the rule. The On June 13, 2007 at an Open Commission posals to elimination of the options market
SEC action in June aimed to cover those re- Meeting at which the Commission considered maker exception that would provide a nar-
hmoore on PRODPC68 with HMSENATE
maining delivery failures. Naked shorting recommendations by Division Staff related row options market maker exception that
could ‘‘undermine the confidence of inves- to short selling, Chairman Cox stated that would require excepted fails to deliver to be
tors’’ in the stock market, SEC Chairman he had ‘‘. . . asked the staff to examine closed out within specific time-frames.
Christopher Cox says. whether the market would benefit from fur- The proposing release has not yet been
However, it doesn’t seem likely that the ther rulemaking specifically designed to cor- published on the Commission’s website or in
SEC’s latest move will end the debate that rect the practice of abusive naked short sell- the Federal Register. We anticipate that the
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9649
release will be publicly available within the Did they know that when they told pected to read the newspapers, because
next few weeks. The Commission approved a us? I don’t know. We now know, of they too have made it clear for a long
shortened comment period of 30 days from course, that their claim that Saddam time that al-Qaida is rebuilding and
publication of the release in the Federal
Hussein was trying to acquire yellow that the terrorists are getting ready to
cake from Niger for nuclear weapons strike us again.
E. Amendments to Rule 105 of Regulation M
was bogus. Their claim that he was ac- Let me go through a couple of exam-
Rule 105 governs short selling in connec-
quiring aluminum tubes to reconsti- ples.
tion with a public offering. It is a prophy-
lactic anti-manipulation rule that promotes tute a nuclear threat was not accurate. On July 16, if one was reading in re-
a market environment that is free from ma- Their claim that he had mobile chem- cent days, one would read an article by
nipulative influences around the time that ical weapons labs was not accurate. Joshua Partlow in the Washington
offerings are priced. The rule fosters pricing By the way, on that one, it only had Post. It said sectarian violence, a civil
integrity by prohibiting activity that inter- a single source, a man we later learned war, was the war in Iraq, not al-Qaida.
feres with independent market dynamics who had the code name of ‘‘Curve It spelled this out with facts:
prior to pricing offerings, by persons with a Ball.’’ We also later learned that he The western Baghdad district of west
heightened incentive to manipulate. was a fabricator and an alcoholic. Rashid confounds the prevailing narrative
The current rule prohibits persons from from the top U.S. military officials that the
covering a short sale with offering securities Their claim was based on a single
source we now discover to have been a Sunni insurgent group al-Qaida in Iraq is the
if the short sale occurred during a defined re- city’s most formidable and disruptive force.
stricted period (usually five days) prior to fabricator. He was a former taxicab Over the past several months, the [Shiite]
pricing. The Commission is aware of strate- driver, for God’s sake, in Baghdad. A Mahdi Army has transformed the composi-
gies to conceal the prohibited covering and single source gave rise to the descrip- tion of the district’s neighborhoods by ruth-
persistent noncompliance with the rule. tion to the world and to this Congress lessly killing and driving out Sunnis and de-
Thus, in December 2006, the Commission pro- in top secret, classified briefings that nying basic services to residents who remain.
posed amendments that would have prohib- there were mobile chemical weapons
ited a person selling short during the Rule
Pretty clear. Shiite and Sunni vio-
105 restricted period from purchasing securi-
laboratories in Iraq. lence, not al-Qaida.
ties in the offering.
The list of baseless or unsupported One might have read the newspaper
On June 20, 2007 the Commission approved claims goes on. The reconstitution of reports on June 26, in the McClatchy
amendments that would generally make it nuclear weapons, weapons of mass de- papers:
unlawful for a person to purchase in an offer- struction, connections with al-Qaida, While the U.S. presses its war against in-
ing covered by Rule 105 if the person sold we now know, of course, the facts were surgents linked to al-Qaida in Iraq, Osama
short during the restricted period unless at odds with what we were being told bin Laden’s group is recruiting, regrouping,
they made a bona fide pre-pricing purchase about these and the other claims they and rebuilding in a new sanctuary along the
meeting certain conditions. The amend- used to support going to war. border between Afghanistan and Pakistan,
ments will be effective 30 days from the date senior military intelligence and law enforce-
The reason I mention this is that at
of publication of the release in the Federal ment officials said. The threat from radical
Register. Wednesday’s appearance by the Presi- Islamic enclaves in Waziristan is more dan-
F. Options Market Makers and the Close-Out
dent’s Homeland Security Adviser, gerous than that from Iraq, which President
Requirement of Regulation SHO Frances Townsend, on the morning Bush and his aides called the ‘‘central front’’
As we discussed in more detail during our show on ABC, reminded me a bit of of the war on terrorism, said some current
meeting, SRO and Commission staff are cur- what we experienced several years ago and former U.S. officials and experts. Bin
rently examining options market makers for from this administration. A description Laden himself is believed to be hiding in the
compliance with the close-out requirements by Frances Townsend about terrorism region, guiding a new generation of lieuten-
of Rule 203(b)(3) of Regulation SHO. and the terrorist threat and al-Qaida is ants and inspiring allied extremist groups in
Should you have additional questions, Iraq and other parts of the world.
completely, and was completely, at
please do not hesitate to contact Matt odds with what we know to be the That is unbelievable. Al-Qaida is
Shimkus in our Office of Legislative and alive and well in Pakistan and Afghani-
Intergovernmental Affairs at (202) 551–2010. stan. Let me say that again: It is ‘‘re-
Let me go through a bit of what the
The ACTING PRESIDENT pro tem- President’s Homeland Security Adviser cruiting, regrouping and rebuilding’’ in
pore. Under the previous order, the said when she was being interviewed this area. And bin Laden himself is be-
Senator from North Dakota is recog- about the National Intelligence Report lieved to be hiding there, in that sanc-
nized for up to 30 minutes. issued this week. tuary. This is not Iraq, Mr. President.
f First, the report said al-Qaida is re- Did the President or his homeland se-
building, retraining, and getting ready curity advisor read this article?
IRAQ Or perhaps one could go back to a
to strike in the United States again. In
Mr. DORGAN. Mr. President, on light of that report, Ms. Townsend was New York Times article in February
Wednesday morning of this week, fol- asked if she still believed the United entitled ‘‘Senior leaders of al-Qaida op-
lowing a discussion and debate—and we States is winning the war against al- erating from Pakistan.’’
had a fairly robust debate—about the Qaida and terrorism. ‘‘Absolutely,’’ she Over the past year terrorists have set up a
issue of Iraq and the war in Iraq, on said. ‘‘Absolutely, we are winning.’’ band of training camps in the tribal regions
Wednesday morning of this week, the She was asked about Pakistan and, near the Afghan border, according to Amer-
President’s Homeland Security Ad- ican intelligence and counterterrorism offi-
specifically, about allowing al-Qaida to cials. American officials said there is mount-
viser, Frances Townsend, was on the have a safe haven in the country of ing evidence that Osama bin Laden and his
ABC ‘‘Good Morning America’’ pro- Pakistan. She said: Well, it is a sov- deputy, al-Zawahiri, have been steadily
gram, and she said some things about ereign country, and the President of building an operations hub in the moun-
al-Qaida, about terrorists, that re- Pakistan has been a good partner in tainous Pakistani tribal area of north
minded me of a period several years our war against terrorism. Waziristan.
ago, prior to the start of the Iraq war. When asked, she said: The United Bin Laden and al-Qaida are ‘‘steadily
It reminded me of being in a room States is ‘‘safer’’ today against al- building an operations hub’’ in Paki-
where top secret, classified briefings Qaida because, she said: ‘‘We have chal- stan is the report.
are given to Members of Congress— lenged them and we are on the offen- Now, to the adviser to the President
briefings by the now Secretary of sive and the game is overseas.’’ in the White House on terrorism issues,
State, briefings by the Vice President, It is almost as if the President and let me say this to her: August 2001, the
briefings by the head of the CIA. his top homeland security adviser Presidential Daily Briefing Report put
Condoleezza Rice, Mr. Tenet, Vice failed to read the National Intelligence in the hands of President George W.
President CHENEY, and others partici- Estimate. It made clear that al-Qaida Bush one month before the attacks of
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pated in these top secret briefings. is rebuilding its operational capacity September 11, the title was: ‘‘Bin
They told us things in those top se- and terrorism is the number one threat Laden Determined to Strike in U.S.’’
cret briefings leading up to the deci- to our homeland. Those are the facts. That was in August of 2001, the PDB,
sion about the authorization to use That’s reality. put in the President’s hands.
force against Iraq. They told us things But even if she failed to read the What was the report in July 2007?
we now know not to have been true. NIE, perhaps she could have been ex- The intelligence assessment from the
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S9650 CONGRESSIONAL RECORD — SENATE July 20, 2007
U.S. National Counterterrorism Center with problems between the Shia and years from now, continue to read about
in July 2007 says this: ‘‘al-Qaida better Sunni that date back many centuries. Osama bin Laden and the al-Qaida
positioned to strike the West.’’ Now people ask this question, and leadership in a safe harbor or safe
Think of that. Six years have inter- reasonably so: Should we, 6 years after haven, living free, escaping justice, and
vened—6 years. And the President’s 2001, the devastating attack against planning additional attacks against
Homeland Security Adviser, one who our country that killed thousands of this country.
deals with this issue of terrorism and innocent Americans, should we expect My point is, what has happened, in
counterterrorism, says that we are or have expected that we would have my judgment, is wrong. The first and
‘‘winning’’ the war on terrorism; things brought to justice, dead or alive, the central fight is the fight against ter-
are going just fine; things are better. leadership of al-Qaida and destroyed rorism. We are not waging that fight
Yet, in 6 years, we go from this Presi- them? In my judgment, the answer to because those who attacked this coun-
dential daily briefing entitled ‘‘Bin that is yes. try previously are now in a safe haven
Laden Determined to Strike in United The Homeland Security Adviser at planning additional attacks against
States’’ in August of 2001 to this assess- the White House, Francis Townsend, our country. That comes from the Na-
ment 6 years later: ‘‘Al-Qaida Better says: Well, we are winning. I wish that tional Intelligence Estimate, not me.
Positioned to Strike the West.’’ were true, but it is an assessment that That NIE represents the best assess-
I ask the question: Are we really win- comes only by ignoring all of the facts. ment by our country’s best intelligence
ning? I think we would expect the Just read the National Intelligence Es- professionals from 16 different intel-
Homeland Security Adviser to be deal- timate. ligence agencies.
ing with facts. This administration made a calcula- One cannot solve a problem if one is
Let me describe the facts as stated tion that turns out to have been wrong going to ignore the facts or distort the
by the National Intelligence Estimate. on many fronts. Instead of fighting ter- facts. I said that Ms. Townsend on
The National Intelligence Estimate rorism first, which I think most Ameri- Wednesday morning basically mis-
was released in both a classified and cans would have understood and ac- represented what is happening. It
unclassified version. The unclassified cepted and believed—the most critical seems as if she has failed to see, or re-
version says: element in the fight to provide security fuses to see, all of the evidence that ex-
Al-Qaida is and will remain the most seri- for our future—instead of fighting ter- ists, the evidence we have received in
ous terrorist threat to the homeland. . . . rorism first, this administration de- the National Intelligence Estimate and
It went on to say: cided to take action in other areas. We other evidence as well, that al-Qaida
We assess the group has protected or re- now have more than 160,000 American and bin Laden are stronger today than
generated key elements of its homeland at- troops in Iraq. Many are going door to they have been for many years.
tack capability, including: a safe haven in door in Baghdad today as I speak. It is They are getting stronger, not weak-
the Pakistan Federally Administered Tribal the case that there is an al-Qaida pres- er; they are planning more attacks, not
Areas, operational lieutenants, and its top ence in Iraq because Iraq has attracted hiding; they are recruiting and rebuild-
leadership. terrorists. As I said, the intelligence ing, not running; and they want to
Now we have a report that says community itself has said that is not strike us again as much as they every
Osama bin Laden and his top deputies the central feature of what is hap- have.
are in a safe haven. Six years after pening in Iraq. The central feature of But, they are in Pakistan, in a safe
they murdered thousands of Ameri- what is going on in Iraq is the sec- haven. They are in the border area near
cans, they are in a safe haven. tarian violence and a civil war. Afghanistan, not Iraq.
There ought not be 1 square inch of That is why the majority of this Con- It doesn’t surprise me that this ad-
ground on this planet that ought to be gress decided it is time to change ministration is on a course that is not
a safe haven for the leaders of al-Qaida. course. It has not been the case that the course that represents this coun-
Ms. Townsend says, when asked about the descriptions by those who want to try’s best interests. President Bush has
it, ‘‘Well, Pakistan is a sovereign coun- change course in this Chamber have said on previous occasions that we will
try.’’ said let’s decide immediately, precipi- deal not only with the terrorists who
What does that mean? Therefore, a tously, to withdraw all troops. That is dare attack this country, we will deal
safe haven for al-Qaida and bin Laden not the case. Troops would remain to with those who harbor and feed them
must be all right? No. Absolutely not. fight the terrorist elements that do and house them. That was the Presi-
There is no sovereignty anywhere in exist in Iraq where they can be fought dent’s statement. The President said
this world for Osama bin Laden, al- successfully, for force protection, and that, as a part of our offensive against
Zawahiri, and the al-Qaida leadership. to train Iraqi troops. After all, the terror, we will also confront the re-
There ought not be safe harbor or safe Iraqi troops will be necessary and the gimes that harbor and support terror-
haven or sovereignty anywhere in this Iraqi soldiers and the police force will ists.
world for them. be necessary to provide security in the When President Bush was asked
What have we done? Instead of decid- country. about Osama bin Laden, he said:
ing to destroy Osama bin Laden, al- It is long past time for this country I don’t think much about Osama bin
Zawahiri, and the al-Qaida leadership, to say to the Iraqis: You now have a Laden. I don’t care much about bin Laden.
our country decided, based on informa- new government. Saddam Hussein is But, Bin Laden and al-Qaida rep-
tion provided by the administration dead. He was executed after a trial for resent the principal threat to this
that I referred to earlier, to invade his crimes and atrocities. He is gone. country. That is why Senator CONRAD
Iraq. It was information we now know He was a brutal dictator. But, Saddam and I offered the amendment we did on
not to have been true—deliberate or Hussein is dead. You have a new con- the Defense authorization bill last
not, I don’t know, but information stitution, you have a new government, week.
about yellow cake, aluminum tubes, and now the question remains: Do you The very day Ms. Townsend appeared
chemical weapons labs, and about have the will to take back your own on television, Wednesday, here is the
weapons of mass destruction which was country and provide for your own secu- New York Times’ headline: ‘‘Same Peo-
not true. Based on that, we decided to rity? Are there sufficient able-bodied ple, Same Threat.’’ That’s right,
take action against Iraq. Iraqis to take back the security re- ‘‘Same People, Same Threat.’’
The facts are these: Al-Qaida was not sponsibilities for their country? If not, Nearly six years after the September 11 at-
in Iraq before we invaded. It is there there is no amount of time in which tacks, and hundreds of billions of dollars and
now. But, it is not the central feature American soldiers and this country can thousands of lives expended in the name of
the war on terror, we are faced with the
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in Iraq. Our intelligence estimates tell provide security for a country in the
us that. The central part of Iraq is sec- ‘‘Same People, Same Threat’’ as attacked
middle of a civil war.
American on September 11. I pose a single,
tarian violence, with Shia killing So we must change course. That insistent question: Are we safer? This is
Sunni, Sunni killing Shia, and Shia change in course, in my judgment, is what the New York Times reported:
and Sunni killing American soldiers. It what will allow us to fight terrorism . . . After years of war in Afghanistan and
is a civil war, a religious war of sorts, first. If we do not do that, we will, 6 Iraq and targeted kills in Yemen, Pakistan,
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9651
and elsewhere, the major threat to the this administration were political cro- Paul came up to Washington, DC, and
United States has the same name and the nies who had no experience in emer- testified before a hearing and told us
same basic look at 2001: al-Qaida, led by gency response or preparedness. So it what had happened. Some people
Osama bin Laden and Ayman al-Zawahiri,
wasn’t surprising that FEMA deterio- wouldn’t believe it. You are going to
plotting attacks from mountain hide-outs
near the Afghan-Pakistani border. rated dramatically as an agency, and haul ice from New York to Missouri to
The intelligence report, the most formal its response to Hurricane Katrina was Mississippi and then are told to offload
assessment since the September 11 attacks abysmal. it at a warehouse in Massachusetts, ice
about the terrorist threat facing the United I want to describe it with one photo- for the victims of Katrina? If there is
States, concludes that the United States is graph, if I might. This describes what one story that demonstrates the com-
losing ground on a number of fronts in the happened with respect to Katrina. I am plete absurd incompetence of the re-
fight against al-Qaida and describes the ter- describing this because this week
rorist organization as having ‘‘significantly sponse to Hurricane Katrina, it is the
something happened that finally ended story of Paul Mullinax, a good Amer-
strengthened over the past two years.’’
the chapter on this sorry story. This ican who wanted to do the right thing,
If ever we needed good leadership, man is Paul Mullinax, sitting in front
thoughtful leadership, leadership that and in contracting with the Federal
of an 18-wheel truck in Florida. His agency that was incompetent came up
will act on the facts and understand truck is a refrigerated truck, and it is
the facts and not misrepresent the with this absurd experience.
used to haul ice. Katrina hit, and one I have tried since to find out who was
facts, it is now, at a time when a ter- of the needs in the deep South, when
rorist organization is planning addi- the decision maker in Government,
people and property and everything who decides we are going to haul ice
tional attacks against this country. was devastated and they were trying to
For this administration to say that from New York to Massachusetts
figure out how to deal with it, they through Missouri and Mississippi that
things are fine, we are winning, don’t needed ice in the middle of that scorch-
worry, and there is a sovereign, appar- is supposed to go to victims of Hurri-
ing heat. So FEMA contracted with cane Katrina, and we are going to
ently, safe haven for the leadership for truckers to haul ice in 18-wheel trucks,
those who plan to attack us, that is un- spend all of that money and do it in-
refrigerated trucks, to help the victims competently, who was responsible, who
believable, and it must change. If the of Katrina.
administration won’t change it, the made those decisions, and you cannot
Here is Paul Mullinax in the photo.
Congress and the American people find out who that unnamed person is
Paul was in Florida at the time. He got
must change it. who makes that kind of Byzantine de-
a call and was invited to contract to
cision that in my judgment fleeces the
haul ice. He drove his 18-wheeler to
American taxpayer, that injures those
COMPETENT LEADERSHIP New York City and picked up a load of
who were victims of Hurricane Katrina
ice. Let me tell you where he went. I
Mr. DORGAN. Mr. President, a num- have a map. Paul went from Florida up by not getting the ice to the victims
ber of us have been concerned about to New York City to pick up some ice— who needed it.
the issue of competence for some long I wanted my colleagues to know, be-
in Newburg, NY. Then they told him to
while. I take no pleasure in coming to cause I have spoken about this before,
go to Carthage, MO, with the ice. He
the floor to point out someone’s flaws that this week at last—at long, long
went there, to Missouri, to deliver ice.
or weaknesses or areas where we are last—the ice that was put in storage as
FEMA said, when he got there: No, we
not succeeding, but it seems to me that want you to go to Montgomery, AL, a result of this gross incompetence has
this country has to be brutally honest with your truckload of ice for the vic- now been discarded because they felt
with itself, and that includes this ad- tims of Katrina. perhaps after 2 years the ice was con-
ministration, in terms of what it is Then he got to Montgomery, AL, and taminated.
doing, how well, what kinds of changes here is what happened to him. He, with It is a sad story, in my judgment, of
are necessary to fix what is wrong to over 100 other truckers, refrigerated the fleecing of America. My hope is we
safeguard and provide security for this trucks holding ice for the victims of have sufficiently embarrassed and suf-
country. Katrina, sat for 12 days. This is a pic- ficiently made accountable those in
One of the examples of serious trou- ture of Paul Mullinax sitting in his FEMA and in this administration so
ble with respect to solving problems lawn chair, with a little grill. For 12 that this will never, ever happen again.
and addressing issues was the response days, he sat there. Finally, they said to It is not what the taxpayers deserve,
to Hurricane Katrina. This devastating him: We want you to take your ice to and it certainly isn’t what the victims
hurricane hit our country, and it laid Massachusetts. of Hurricane Katrina deserve.
bare a whole area of the gulf coast. It Think of this. Taxpayers paid over That same incompetence, regret-
was unbelievable what it did to fami- $15,000 for this load of ice. He was told tably, is steeped in other areas of an
lies, homes, and structures. The con- the ice was for the victims of Katrina, administration that, as I indicated as
sequences of it and the cost of it and and hundreds of other truckers had the of Wednesday morning’s interview with
its toll on human lives and treasure are same circumstance. He was sent from Ms. Townsend, seems content to ignore
not even yet calculated. Missouri to Alabama, sat for a dozen facts.
I think everybody in this country days on the tarmac of a military in- I have come to the floor on occasion
saw what happened as a result of the stallation, and then told he should and spoken well of those who I think
response of FEMA. I come from a State take that ice up to Massachusetts and do a good job in this administration
in which flooding 10 years ago caused put it in storage. and elsewhere. I wish I could do that
the evacuation of a city of 50,000 peo- This week, 2 years later, after spend- this morning. It is very important for
ple—the largest evacuation of an ing over $20 million, that ice was taken this Congress and this country, when
American city since the Civil War. We out of storage in Massachusetts and we see incompetence and when we see
understand FEMA. They rushed in in discarded because they felt it was prob- we are developing a strategy that
the middle of that unbelievable flood in ably contaminated after 2 years. So fi- doesn’t work and is not going to work,
the Red River, where almost the entire nally it ends, the saga about hauling that we must change course, we must
city of Grand Forks, ND, was evacu- ice to the victims of Katrina. expect better.
ated. FEMA rushed in. Under James How do I know Paul Mullinax? I My hope is a group of us in Congress,
Lee Witt, it had become a world-class asked Paul Mullinax to come to Wash- through the hearings I have held on
organization. It did an unbelievable ington to testify about what happened. these issues and through the discus-
job. I cannot say enough about that or- He didn’t want to do it. I sat in a park- sions of Senator REID and others who
ganization. FEMA was first rate. I ing lot of a grocery store one Sunday have worked on it in our caucus in the
hmoore on PRODPC68 with HMSENATE
think everybody in that city who was on the phone with Paul Mullinax and last couple of weeks, my hope is that
helped by that organization understood said: Paul, I want you to come to a we will change course with respect to
the quality of the Federal Emergency hearing we are holding to tell this the issue of Iraq, for example, which is
Management Agency. story. People need to understand what the overriding important issue.
Fast forward and discover that the is wrong. Only by understanding what I hope one of the changes in course
major appointments to FEMA under is wrong can we get this fixed. will be we decide our priorities are to
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S9652 CONGRESSIONAL RECORD — SENATE July 20, 2007
fight terrorism first, and that is not gree from the University of Texas, 12 months, originally, and now 15 months
what we are now doing. Let us decide married well, had three kids, and ended and too often watch those families live with
to fight terrorism first. That ought to up here in the Congress with all of us. a loss when their loved one did not return.
I’ve been inspired by the selfless service of
be the goal. If the terrorist camps are He resigned after his fourth term and our soldiers and humbled by the sacrifice of
reconstituted, if the threat to our went back to Texas to become a their families. I’ve held staff and leadership
country from al-Qaida, Osama bin businessperson and to practice law. He jobs in the Pentagon over these past six
Laden, and al-Zawahiri represents a did that for I think about 5 years, and years and consider it the privilege of a life-
greater threat now, then we must, it lo and behold, he got a call from a Re- time to have the opportunity to work on be-
seems to me, change course to address publican administration to ask him to half of our men and women in our nation’s
that threat, and that threat requires us serve in the Department of Defense, military and their families during the time
to fight terrorism first. where he was a senior aid in the Sec- of war.
Mr. President, I yield the floor, and I Our grateful nation cannot do enough and
retary’s office, a role he played for I I’m honored to play a part, a supporting role
suggest the absence of a quorum. think about 3 or 4 years. in their service to our nation on the front
The ACTING PRESIDENT pro tem- Subsequent to that, Pete Geren was lines.
pore. The clerk will call the roll. asked to serve in a variety of roles. He When I came before you seeking confirma-
The assistant legislative clerk pro- has been our Acting Secretary of the tion as under secretary of the Army, I told
ceeded to call the roll. Air Force, he has been the Under Sec- you my top priority would be taking care of
Mr. CARPER. Mr. President, I ask soldiers and their families. I reaffirm that
retary of the Army, the Interim Sec-
unanimous consent that the order for commitment today with a greater under-
retary of the Army, and for the last
the quorum call be rescinded. standing of that responsibility.
The ACTING PRESIDENT pro tem- week or so now, he has been the Sec- My year as under secretary of the Army
pore. Without objection, it is so or- retary of the Army. taught me much. My four months as acting
dered. I ask unanimous consent to have secretary of the Army has taught me much
printed in the RECORD his statement more.
f We have over 140,000 soldiers in Iraq and
before the Armed Services Committee,
PETE GEREN his confirmation hearing statement. Afghanistan. We can never take our eye off
of that ball. They’re counting on their Army,
Mr. CARPER. Mr. President, I hoped There being no objection, the mate-
big Army, to continue to provide them the
to speak earlier this week when we rial was ordered to be printed in the training, equipment and leadership to take
were engaged in debate on the Defense RECORD, as follows: the fight to the enemy and defend them-
authorization bill. That was a night, I [Congressional Hearings, June 19, 2007] selves.
am sure our Acting President pro tem- SENATE ARMED SERVICES COMMITTEE HOLDS They count on their Army leadership back
pore recalls, when folks didn’t get HEARING ON THE NOMINATION OF PRESTON home to move the bureaucracy on the home
much sleep around here. A lot of my GEREN TO BE SECRETARY OF THE ARMY front. They count on their secretary and
their chief to stand up for them, get them
colleagues decided as they spoke they GEREN: Mr. Chairman and Senator War-
what they need when they need it.
wanted to speak for a long time. As a ner and members of the committee, it truly We must act with urgency every day, every
result, I suspect fewer than half of us is an honor to be before you today as the day, to meet their needs. Today, the issue is
got to speak, and I had just a few president’s nominee. MRAP. Tomorrow, it will be different. The
thoughts I wanted to share with re- I want to thank the president for his con- enemy is forever changing and forever adapt-
fidence in me and Dr. Gates for his con- ing.
spect to not just the Defense authoriza- fidence, as well. It’s truly a privilege to have
tion bill but the war in which we find Mr. Chairman, further, as an Army, we
this opportunity. pledge never to leave a fallen comrade. That
ourselves in Iraq and Afghanistan. Let me thank Senator Hutchison and Sen-
Before I do that, I wish to mention is not an abstract notion. That means on the
ator Cornyn for their very kind remarks, two battlefield, in the hospital, or in an out-
that I think it was last Friday at the great leaders for our state and two great patient clinic or over a life of dependency, if
end of the regular business session— leaders in this Senate, and I deeply appre- that is what’s required to fulfill this pledge.
maybe it was Thursday—we went ciate, and I know my family did, as well, I’ve witnessed the cost in human terms and
through the Executive Calendar. As the their kind and generous remarks. to the institution of the Army when we
Senator from Ohio knows, on the Exec- Mr. Chairman, I’d also like to note Senator break faith with that pledge, as a handful did
utive Calendar we actually take up Hutchison’s predecessor, who was the person at Walter Reed. A few let down the many and
who brought me into public life, Senator broke that bond of trust.
nominations submitted by the com- Lloyd Bentsen, and had it not been for the
mittee that need confirmation by the But I have seen soldiers, enlisted, NCOs
opportunity to work for Senator Bentsen, and officers respond when they learned that
Senate and we deal with those. Often- I’m confident I would not have the opportu- someone has let down a soldier. They step up
times, if they are not controversial, we nities to serve in our government today. and they make it right. They make it better
deal with them by unanimous consent. Senator Bentsen passed away over the past and they do not rest until the job is done and
One of the nominations that came be- year, a great American, a great Senator, and they expect and demand accountability.
fore us last week, under unanimous I want to acknowledge my debt to him. And I’ve seen the strain of multiple deploy-
consent, was that of Pete Geren, who Senator, I had introduced my family ear- ments on soldiers’ families. A wife and moth-
lier. I’ve got, as you do, three wonderful er said recently, ‘‘I can hold the family to-
had been nominated to be Secretary of
girls, three great kids, and, again, I want to gether for one deployment. Two is harder
the Army. Our Acting President pro thank them for standing with me and stand- and three is harder still.’’ Over half of our
tempore spent a number of years in the ing with Beckie and me in our time here in soldiers today are married with families.
House of Representatives. I was there Washington and all the time. Over 700,000 children are in the families of
10 years. I think he was there for about My family and I came to Washington plan- our soldiers.
as long, maybe even longer. ning a three-year hitch and six years later, The health of the all volunteer force de-
One of the finest people I ever served we’re still here. pends on the health of those families. We
with in the House of Representatives I joined the Department of Defense in Au- must expect that our future offers an era of
was a Democratic Congressman from gust 2001, expecting a peacetime assignment persistent conflict. We will continue to ask
in business transformation of the Depart- much of the Army family. We must meet the
Texas who actually succeeded Jim
ment of Defense. Then came September 11 needs of our families, provide them with a
Wright. Jim Wright stepped down as and the war. quality of life comparable to the quality of
our Speaker, resigned from the Con- There’s a sense of mission working among their service and sacrifice.
gress, there was a special election, and our military during time of war that’s hard It’s the right thing to do and the future of
who ended up getting elected but Pete to walk away from. For the past six years, our all volunteer force depends on it.
Geren. He became a Congressman for I’ve watched soldiers, sailors and airmen go And as President Lincoln pledged to us as
four terms and was admired by Demo- off to war and I’ve watched their families a nation, our duty does not stop when our
crats and Republicans alike. Before stand steadfast and unwavering in their sup- soldier or our nation leaves the field of bat-
port of their departed loved ones and live tle. We must care for those who have borne
hmoore on PRODPC68 with HMSENATE
that, he had served as an aid to a leg-
with the uncertainty of whether he or she the battle, his widow and his orphan.
endary Senator from Texas, a fellow would return home. That commitment extends over the hori-
named Lloyd Bentsen, who was also And they live with a certainty that there zon and we have learned we have much to do
our party’s nominee for Vice President. would be birthdays, holidays, anniversaries, to fulfill that commitment. Lately, we have
Pete went to Georgia Tech and the graduations and the ups and downs of every- come face to face with some of our short-
University of Texas. He got a law de- day life that their loved one would miss for comings, a complex disability system that
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9653
can frustrate and fail to meet the needs of reflect on the debate that occurred have a presence in Iraq, maybe for sev-
soldiers, a system that often fails to ac- here a few nights ago with respect to eral years. If you look at Kosovo, we
knowledge, understand and treat some of the the war in Iraq. One of the things I like have been out of Kosovo for 10 years,
most debilitating, yet invisible wounds of
war, leaving soldiers to return from war only to do is to try to see if we can’t find but we are still there militarily. The
to battle bureaucracy at home and leaving consensus—rather than just dis- war ended in Korea over 50 years ago;
families at a loss on how to cope. agreeing on issues, to try to find ways we still have a significant military
The Department of Defense, working with to bring us together. I have been re- presence there. I think it is likely we
the Veterans Affairs Department and this flecting a good deal on that debate. are going to have a military presence
committee and this Congress have a oppor- I had an opportunity, along with two in Iraq for some time. The question is,
tunity that does not come along often to of our colleagues, Senator BEN NELSON
move our nation a quantum leap forward in
What should they be doing? What
fulfillment of that commitment. We cannot
and Senator MARK PRYOR, to have a should our troops be doing?
squander this opportunity. breakfast meeting with Secretary Today, as you know, we are policing
And, Mr. Chairman and Senator Warner, I Gates at the Pentagon earlier this a civil war, trying to keep Sunnis and
commend this committee for the step for- week. That was the first time I had Shiites from killing each other while
ward you all took last week in your bill to ever had a chance to spend any per- at the same time going after insur-
start the process of meeting the needs of sonal time with Secretary Gates, who gents and training Iraqi troops and try-
those wounded warriors and we look forward
came to us as one of the people who ing to help secure the borders of Iraq.
to working with you, again, to push that ini-
tiative. served on the Iraq Study Group. You My hope is a year from now—and I sug-
Mr. Chairman, members of the committee, may recall that, Mr. President, he gest a year from now—we will still
thank you for all you do for our soldiers and served there for most of its time and have troops in Iraq, probably tens of
their families. The Army has no greater has been president of Texas A&M. He thousands, hopefully not 140,000 or
friend than this committee. served in a number of leadership posts 150,000 troops. What will they be doing?
Article 1, Section 8 of the Constitution
here in earlier administrations and was My hope is they will not be policing a
makes the Army and the Congress full part-
ners in the defense of our nation and in the a senior official in intelligence. He is a civil war. My hope is they will not have
service of our soldiers and their families. very bright, able guy and also of very to be involved in trying to keep Sunnis
If confirmed, I look forward to continuing good heart, someone who, over break- from killing Shiites and vice versa. My
to work with you in discharging our duty to fast with us, was remarkably candid in expectation is there is going to con-
those soldiers. his observations, not someone who tinue to be a need to train and equip
I look forward to your questions. Thank
tried to sugar-coat what is going on in and supply Iraqi armed forces and po-
LEVIN: Secretary Geren, thank you for a Iraq but who just was as honest and lice. There will be a need for our troops
heartfelt and a powerful statement. I can’t forthright with us. That was enor- to protect U.S. assets, the embassy,
remember that I’ve ever heard a better one, mously refreshing. and other physical infrastructure we
frankly, coming from a nominee. It was very He is a person of strong intellect, ob- have, that we own or occupy. There
personal and I think it had power. viously, and a person who dealt with a will be a need in some cases to join the
I just wish every American, every soldier faculty senate at Texas A&M and I
and everyone of their families could have
Iraqis in counterinsurgency operations
heard your opening statement.
think is not uncomfortable dealing against the really bad guys. There may
with the U.S. Senate. I have been told be an opportunity and need for us to
Mr. CARPER. Subsequent to his giv-
by any number of people who have been help police the borders of Iraq with
ing his statement, the chairman of the
presidents of universities that the Syria and Iran, borders which leak like
committee, CARL LEVIN, and later on
transition to working here in this body sieves today.
Senator JOE LIEBERMAN—both praised
is not all that hard. If you can work Those are the kinds of responsibil-
the statement, Senator LEVIN saying,
with a faculty senate, you can work ities I suspect our troops will be called
‘‘I can’t remember that I’ve ever heard
with the U.S. Senate. We have a couple upon to perform. But my hope is we
a better one, frankly, coming from a
nominee. . . .’’ He said it was ‘‘a heart- of people here, ironically, who have will not need as many of them, not
felt and a powerful statement.’’ been university presidents and now nearly as many of them, that they will
One of my favorite sayings is: In poli- serve here, among them LAMAR ALEX- not be as numerous nor as visible and
tics, friends come and go, but our en- ANDER from the University of Ten- hopefully not as much in danger as
emies accumulate. For a lot of us in nessee. they have been the last 4 years.
this business, that is the truth. Pete I left the breakfast meeting actually On the Iraqi side, what I heard 41⁄2
Geren is the exception to that rule. He feeling encouraged about maybe the weeks ago, about a month ago when I
is admired and liked by people with prospects, somewhere down the line, of was last there, is a lot of the Iraqis
whom he served in the House and Sen- finding consensus. don’t want us to be there in such great
ate, Democrat and Republican. For a Here in the United States, our pa- numbers. They don’t want us to be as
Democrat in Congress ending up to be tience grows thin with respect to our visible. They don’t want us to be as nu-
asked to serve as Acting Secretary and involvement there. We have been in- merous. Iraqi Prime Minister Maliki
Secretary of the Army is a compliment volved for over 4 years. We have lost suggested about a week ago that when-
and really reflective of the kind of per- thousands of lives, we spent hundreds ever we are ready to step out they are
son he is. He is a person who tries to of billions of dollars—money we have ready to step up. I wish that were true.
figure out what is the right thing to do largely borrowed from folks such as the He later sort of spoke again or someone
and to do it. He routinely, consistently Chinese, South Koreans, and Japanese stepped in, one of his spokespeople
treats other people the way he would because these are moneys we don’t stepped in and said that is not exactly
want to be treated. He has great val- have, so we simply increase our Na- what he said or what he meant.
ues, great work ethic, and is just a ter- tion’s indebtedness to pay for this war. I believe the Iraqis are not of one
rific public servant to the people of Meanwhile, those in this country who mind with regard to our presence.
this country. pay the taxes, whose sons and daugh- Some would like it if we would leave
I am delighted he has now been asked ters, husbands and wives have gone tomorrow, but a number realize we
to serve and was confirmed by all of us over and been shot at, in some cases have sacrificed and given our life’s
unanimously to serve as our Secretary been shot, hurt, wounded, in some blood, a lot of money, a lot of patience
of the Army. It is a big job, a tough job cases killed—they paid the price and with them, and I think for a lot of the
at a tough time to serve in that capac- have borne the burden. In many cases, folks there they realize that and they
ity, but I know he will have our full they are tired of it, as I think most of appreciate that. But they don’t want us
support. He certainly has my support us are. We would like to see the begin- to be as numerous or visible, and even-
hmoore on PRODPC68 with HMSENATE
and my long-time admiration. ning of the end and, frankly, a new be- tually they want to have their country
f ginning at the same time for the people back with us not as an occupying force,
of Iraq. although some may see us as that, but
IRAQ I think for the most part most of us have us playing a diminishing role.
Mr. CARPER. Mr. President, I would realize we are going to have a military What I think we have here is a grow-
like to step back for a few minutes and involvement there, we are going to ing consensus in this country to begin
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S9654 CONGRESSIONAL RECORD — SENATE July 20, 2007
reducing our presence—not this month, and I said to him: Do you play basket- mer. They since have said they will
not this summer, maybe not until later ball here? I know you play soccer—you take maybe August off. Our soldiers
this year. I think we need to send a sig- call it football, but do you all play bas- are not. Our soldiers, marines, our air-
nal, our President needs to send a sig- ketball here? men, are not taking August off. They
nal to the people of our country, to the He said: We do. We don’t play base- are going to be there exposed, at risk,
Congress, that this is not going to con- ball or what you call football, but we every day for the month of August. The
tinue forever. We don’t want it to, it is do play some basketball. idea that the Iraqi Parliament will not
not sustainable, and it should not be I said: Do you recall that basketball be in session is unconscionable at a
our responsibility forever. Eventually, is a four-quarter game? The Iraqi lead- time when our troops are being asked
the Iraqi people have to decide whether er and the Iraqi Parliament are acting to make such sacrifices. They need to
they want a country. They have to step as if you are in the first quarter of the be in session. They need to be figuring
up. They have to be willing to make game. In truth, you are in the fourth out how to deal with these difficult
the difficult choices that at least to quarter. This is the fourth quarter of issues.
this point in time their leaders have the game. It is not a game, but it is the I am convinced if they do that, the
been reluctant or unable to do. fourth quarter. We are late into the Iraqi people will respond. As the Iraqi
I don’t want to provide a strong de- fourth quarter. people respond, it provides us with an
fense for inaction on behalf of the Iraqi I said to the Deputy Primary Min- opportunity to begin redeploying our
Parliament and Iraqi leaders, but I re- ister: Have you ever heard of some- troops this year. There is plenty of
mind us, and we have seen it here this thing called the shot clock? He had work they can do in Afghanistan. In
week, the U.S. Senate, an institution not. Well, in American professional some cases there is an opportunity for
that has been around for over 200 years, basketball, we have a shot clock that them to be stationed not far away if
how hard it is for us to come to con- begins when the ball is inbounded and needed. In other cases, frankly, there is
sensus on difficult issues. We saw that you have so many seconds for the team even a need to have them back here. As
as recently as last night. We saw that on offense, with the ball, to take a an old Governor, commander in chief of
as recently as 2 nights earlier, when we shot; if you do not, you lose possession my National Guard, I understand full
were up all night. We, in a country that well how much we relied on the Na-
of the ball.
has worked with democracy and demo- I said: We are in the fourth quarter. tional Guard, especially in times of
cratic traditions for over 200 years, We are deep into the fourth quarter emergency. Whether in the middle of
should not be surprised that in a coun- winter or hurricane season as we have
here. The shot clock has begun to run.
try where they have basically 2 years right now, there is plenty of work for
And the Iraqi team, half of the team, is
of experience, in the middle of a war them to do. Plus, they have families
still on the sidelines. You are arguing
and insurgency, sometimes they strug- here. Guard and Reserves, they are
about what the rules of the game are,
gle through a democratic process to being asked to do things that—as a
who is going to get into the game,
make difficult situations. It is not a former national flight officer, having
what play to call, who is going to take
surprise to me, and I don’t think it served in Vietnam, 18 years as a Re-
the shot. Meanwhile, the shot clock is
should be a surprise to them or to any serve naval flight officer—we were
running. never asked to do. We are asking our
one of us. What the Iraqis need to do, in the
Having said that, I am impatient troops to make extraordinary sac-
Parliament where the hatred between
with their inability to make tough de- rifices as Reservists and Guardsmen.
the Sunnis and Shias is such that it There is plenty of opportunity for
cisions. Around here, sometimes we
makes them hard to ever feel or think meaningful engagement, both in Af-
will hold off making a difficult decision
like a team, somehow they have to find ghanistan, in the Middle East region,
unless we are almost staring into the
a way to put that behind them. They not far away from Iraq, and frankly
abyss, we have almost no choice, they
have to begin making the difficult de- back at home for these troops to do,
have figuratively a gun to our heads,
and then when we find ourselves in cisions they have been unwilling and and simply in some cases to come back
that predicament, Congress—House, unable to make. and be with their families after an ex-
The Iraqi people are waiting for lead- tended separation; in some cases to
Senate, Democrats, Republican, the ad-
ership. As in this country or any coun- come back and go to work with their
ministration—will come to a con-
try with democratic tradition, the peo- old employers; in some cases to go
The Iraqi Parliament, Iraqi leaders ple yearn for strong leadership, fair back to their businesses, which are, in
are, in my view, at that abyss. When I leadership. The Iraqi people are look- too many instances, in trouble in some
was over there a month ago with Sen- ing to their leaders to show that they cases out of business, and be able to re-
ator MCCASKILL, we met with, among can work together, to figure out how to suscitate their business or breathe
others, the Deputy Prime Minister of share this enormous oil wealth of their fresh life into it. There is plenty to do.
Iraq, an impressive fellow. He is a country, a country where they are ca- In the meantime, the Iraqis have
Kurd, from the northern part of the pable of pumping today something like 350,000 people in their military and po-
country. His name is Salih. We were 300 million barrels of oil at $70 a barrel. lice. Think about that. We have about
talking about a sense of urgency and Do the math. I should say 5 million 150,000 troops over there. They have
the fact that the Iraqi leaders don’t barrels of oil a day, $70 dollars a barrel. 350,000. We have been working to train
feel this sense of urgency about mak- That is $350 million. They are pumping them now for several years. I am told
ing the difficult decisions, about shar- less than 2 million. They are literally some of the battalions have stepped up;
ing oil wealth and power, any decision leaving oil on the table, something like they are able to go out alone. Some of
with respect to the greater involve- $180 million, almost $200 million a day them can lead, but they need our help
ment for the Sunnis, providing an op- on the table. These are revenues they not too far away. They have got to con-
portunity for the Baathist party folks, will not realize because they simply tinue to improve their readiness and
who enjoyed great power under the old cannot figure out how to work to- their ability to go out and lead the
regime but who basically are enjoying gether. They need to figure that out. fight. And my counsel to the Iraqis is:
no responsible role at all, to give them The cabinet has figured that out. You can do this, we can help, just like
a role to play—those kinds of decisions; They submitted to the Parliament a they say in the Home Depot ad: You
municipal elections out in the prov- plan for sharing the oil revenue. The can do this, we can help. We will help.
inces—they are supposed to have them, Parliament has to act on it. God knows we have done a lot and we
and they have not had them. We are going to take the month of are prepared to do more.
But I talked with Deputy Prime Min- August off, not the entire month off. The signal I hope the President
hmoore on PRODPC68 with HMSENATE
ister Salih. We spoke about the lack of We will be in session until probably the would send us, once we hear from Gen-
a sense of urgency on behalf of his first week in August, we come back eral Petraeus and Ambassador Crocker
country’s leaders. He readily acknowl- right after Labor Day, so we will be out in the middle of September, is not we
edged that was the case. about 28 days. Meanwhile, I am told are going to surge for another year or
I was looking for a sports analogy to that the Iraqi Parliament was thinking two or three, but that we are going to
draw with him and his countrymen, about taking 2 months off this sum- begin redeploying our troops.
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9655
They are not going to all be out a As the majority leader, I take very tiate. As a result of that negotiation,
year from now. There will be plenty for seriously the Senate’s constitutional we let some judges go that with up-or-
them to do. I have talked about the duty to provide advice and consent down votes here, it wouldn’t have hap-
four or five major responsibilities they with regard to all Presidential nomi- pened. But it didn’t work out that way.
can pursue a year or so from now and nees, but especially judicial nominees. We averted the showdown as a result
for some time after that. But I think The judiciary is the third branch of our of the goodwill of 14 Democratic and
that sends the kind of signal the Amer- Federal Government and is entitled to Republican Senators. It went away.
ican people are waiting to hear. I think great respect. The Senate shares a re- That is the way it should have gone
it sends a real strong message to the sponsibility with the President to en- away.
Iraqis as well that our patience is not sure that the judiciary is staffed with But in the 2 years since the nuclear
infinite, that we have expectations of men and women who possess out- option fizzled, I have worked hard, first
them, that they need to step up. Again, standing legal skills, suitable tempera- with Senator Frist and now with Sen-
another sports analogy: They need to ment, and the highest ethical standing. ator MCCONNELL, to keep the process
step up to the plate. This is their time. In a floor statement I have given on for considering judicial nominees on
This is their country. It is not our more than one occasion—I just re- track. I said then that if the nuclear
country, it is their country. If they counted one I gave—I expressed regret option had been initiated, and I became
want to have a country, they have to that the process for confirming judicial leader, I would reverse it. I believed so
make the decisions. If they want to nominees had become too partisan in strongly it was wrong, even though we
have a country, they need to do what is recent years. From 1995 to 2000, the Re- would have had an advantage at the
necessary to bring their people to- publican-controlled Senate treated time.
gether and to build an institution in President Clinton and his judicial As Senate leaders, we have worked
their country that can survive and per- nominees with great disrespect, leaving hand in hand with the very able leaders
severe and hopefully can prosper. almost 70 nominees languishing in the of the Judiciary Committee, Senators
As we end this week, a week that has Judiciary Committee without even a LEAHY and SPECTER. In the last Con-
seen a lot of ups and downs here in the hearing. Some of them were there for 4 gress the Senate considered two Su-
Senate, a week that has seen more years with nothing happening. Of preme Court nominees—I opposed
than its usual degree of acrimony, this course, Republicans have had their both—Roberts and Alito. In hindsight,
is a place where we actually mostly complaints—most of which I feel are I did the right thing with the decisions
like each other, have a pretty good unjustified, but they are entitled to they have made. But I worked with
ability to work together with a fairly their opinion—about the way a handful Senators LEAHY and SPECTER to make
high degree of civility and comity. A of nominees were treated in the early sure both nominees received prompt,
lot of times too often this week that ci- years of the Bush administration. fair, and thorough consideration in the
vility and comity has been lacking. The partisan squabbling over judicial committee and on the Senate floor.
Fortunately, when we left here this nominees reached a low point last Con- After Senate Democrats gained a ma-
morning about 1 o’clock, I felt some of gress when Majority Leader Frist jority in last November’s elections, I
the bumps and bruises were now at threatened to use the so-called nuclear publicly pledged that the Senate would
least behind us, and we were back to a option, an illegitimate parliamentary continue to process judicial nominees
better footing. I hope as we rejoin here maneuver that would have changed in due course and in good faith. I ex-
on Monday, we will pick up where we Senate rules in a way to limit debate plained that I could not commit to a
left off early this morning with the on judicial nominations. It would have specific number of confirmations be-
near unanimous passage of the Higher had long-term negative ramifications cause the right way to measure the
Education Act, something Senator for this body. At the time I said that it success of this process is the quality of
KENNEDY and Senator ENZI and others was the most serious issue I had the nominees, rather than the quantity
have worked on, crafting together a worked on in my entire time in Gov- of nominees and, ultimately, judges. I
very fine bipartisan bill, that the spirit ernment, that the Republicans would said the Senate will work hard to con-
we walked out of here with this morn- even consider changing the rules so the firm mainstream, capable, experienced
ing will be waiting for us when we re- Senate would become basically the nominees who are the product of bipar-
turn on Monday. House of Representatives. The Found- tisan cooperation. President Bush
I yield the floor, and suggest the ab- ing Fathers set up a bicameral legisla- made a wise decision at the beginning
sence of a quorum. ture. The Senate has always been dif- of this Congress by not resubmitting a
The ACTING PRESIDENT pro tem- ferent from the House. That is what number of controversial judicial nomi-
pore. The clerk will call the roll. the Founding Fathers envisioned. That
The bill clerk proceeded to call the nations from previous years. I took
is the way it should continue. But the that as a sign of good faith and have
Mr. REID. I ask unanimous consent so-called nuclear option would have tried to reciprocate by working with
that the order for the quorum call be changed that forever. Chairman LEAHY to confirm non-
rescinded. The effort was averted by a bipar- controversial nominees in an expedi-
The ACTING PRESIDENT pro tem- tisan group of Senators that was un- tious fashion.
pore. Without objection, it is so or- willing to compromise the traditions of So far this year we have confirmed
dered. the Senate for momentary political ad- three court of appeals nominees. Again
vantage. I was never prouder of the in hindsight, that is three more than
Senate than when it turned back this were confirmed in a similar year in the
JUDICIAL NOMINATIONS misguided attempt to diminish the last Clinton term. But we have con-
Mr. REID. Mr. President, I came to constitutional role of the Senate just firmed three, including a nomination
the floor a month or two ago and indi- to confirm a few more judges. I be- to the Ninth Circuit about which there
cated at that time that I had had con- lieved that had a vote taken place, that was some dispute as to whether the
versations with my counterpart, the never would have happened. There were seat should be filled by a Californian or
distinguished Senator from Kentucky, people who stepped forward. I had a someone from Idaho. We have also con-
Mr. MCCONNELL. I related to the Senate number of Republicans come to me and firmed 22 district court nominees, and
that Senator MCCONNELL had said to say: I will not say anything publicly, we continue to vote on those at a
me that judicial nominations were very but what is being attempted here is steady pace.
important to him. I said if that is the wrong. But remember, we only had 45 The judicial confirmation process is
case, then they are important to me, Democrats at the time, so we had to be working well. We have confirmed 25
hmoore on PRODPC68 with HMSENATE
and that I would do everything I could very careful what would happen. Rath- judges. It is certainly working much
to expedite judicial nominations in er than take the chance on a vote, I better than it worked when there was a
spite of what had gone on in recent was so happy that we had 14 Senators, Republican Senate processing Presi-
years relative to how Republicans had 7 Republicans and 7 Democrats, who dent Clinton’s nominees. As a result,
treated Democratic nominees of Presi- stepped in and said: That is not the the judicial vacancy rate is at an all-
dent Clinton. way it should be. We were able to nego- time low. I have said on the floor and
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S9656 CONGRESSIONAL RECORD — SENATE July 20, 2007
publicly, this is not payback time with ability for the Federal bench, that is Human Services (hereafter MDHS), for an al-
judges. We are going to treat the Re- his misfortune. Remember, about 70 leged racial statement made in a private
publican nominees differently than nominations of President Clinton never meeting, and later made to the individual
after she returned to the DeSoto County Of-
they treated our nominees. even had a hearing. Southwick has had fice. The proof shows that she made the al-
But all of this hard work cannot pre- a hearing, and to this point, he has leged statement in a private meeting where
vent good-faith disagreements about been unable to convince the Judiciary the atmosphere and setting were for the free
the merits of particular nominations. Committee he is the person for the job. flow of comments and ideas and complaints,
There is one nomination pending in the Senator LEAHY has stated that any- her statement was in effect calling the indi-
Judiciary Committee that has aroused time Senators LOTT and COCHRAN ask vidual a ‘‘teachers pet’’ and that she did not
significant controversy, the nomina- him to put him on the calendar for a repeat that statement, but did in fact apolo-
tion of former Mississippi State Judge vote, he will do so. They haven’t asked gize to that individual and that individual
Leslie Southwick to the Fifth Circuit did in fact accept the apology.
him to do that yet. Why? Because at That based upon the allegations set out in
Court of Appeals. Senator SPECTER re- this stage it appears Democrats are the termination letter, the Appealing Party
cently said that I told Senator MCCON- going to oppose this nomination. But did in fact sustain her burden of proof, and
NELL that Judge Southwick would be Senator LEAHY said anytime they want the Appealing Party is reinstated as of July
confirmed by Memorial Day. Obvi- to test the vote, they may do that. 8, 1994, with back pay and all benefits re-
ously, I can only commit to my own I know the administration has sent stored.
actions, not the actions of others. But SO ORDERED this the 29th day of Novem-
Judge Southwick around to meet indi- ber, 1994.
I did urge strongly that the Judiciary vidually with Democratic Judiciary [*20] To facilitate that review, I have in-
Committee hold hearings on this, and Committee members. Anytime they cluded at this juncture the full text of the
they did. I urged strongly that this want that vote, they can have it. Hearing Officer’s opinion, which reads,
matter be moved as expeditiously as Chairman LEAHY and I can only estab- I think in my—it appears to me very sim-
possible, and it has. I urged the Judici- lish a process. We can’t promise that ply that the department overreacted on this
ary Committee to do everything it because first I don’t find if, in fact, these em-
the outcome of that process will be to ployees, Bonnie Richmond and Renee
could to move this along, and they did. the liking of Republican Senators. Elmore, were in a meeting with Ms. Johnson
The problem was, the nomination The primary concern that has been and Mr. Everett and Ms. Johnson testified
proved to be controversial and, there- raised by Judge Southwick is that he that she tried to make them comfortable and
fore, it has not moved forward. has joined decisions on the Mississippi relaxed, if it was an open meeting with a
The Judiciary Committee has not yet Appellate Court which demonstrate in- give and take atmosphere and this comment
voted on Judge Southwick. But as re- sensitivity to the rights of racial mi- was made in the context it was made in, I
ported in the press, some Republicans don’t think it was intended at that time for
norities and others. For example, in
are already threatening to retaliate a racial slur.
the Richmond case, he voted to uphold If the department—if that’s correct, if the
against the rejection of the Southwick the reinstatement, with back pay, of a department takes that as a racial slur, then
nomination by slowing down Senate White State employee who used a ra- I see anytime somebody refers to somebody
business. How much more could they cial epithet about an African-American as a honkie or a redneck or a mick or chubby
slow it down? What has gone on this coworker. or a good old boy or anything else, it’s an ac-
year is untoward. Cloture has been I ask unanimous consent that the tion to file an appeal and try to get some re-
filed about 45 times on things that, sponse. I think it overreacted.
dissent in that opinion by Judge King I do think it would be unprofessional and it
really, I don’t understand why they are be printed in the RECORD. is unprofessional to make that remark. I
doing what they do. To threaten, be- There being no objection, the mate- wouldn’t be comfortable making it. At the
cause of the Southwick nomination, rial was ordered to be printed in the same time, it depends on what company I’m
that they are going to slow things RECORD, as follows: in and under what circumstances.
down is absurd because they have al- The other part is as has been pointed out,
BONNIE RICHMOND, APPELLANT V. MISSISSIPPI
ready slowed things down. They were the termination letter very [*21] clearly
DEPARTMENT OF HUMAN SERVICES, APPELLEE
gearing up to oppose judicial nominees states and the testimony in direct opposition
NO. 96–CC–00667 COA to this, further on May 24 you returned to
of future Democratic Presidents. That COURT OF APPEALS OF MISSISSIPPI the DeSoto County office. You approached
is what they have said. This is so this black employee and told her that you
1998 MISS. APP. LEXIS 637, AUGUST 4, 1998,
senseless. I think the reaction would be DECIDED had been in a meeting with Ms. Johnson and
completely unjustified. had told them that she was a ‘‘good ole nig-
I dissent from the majority opinion.
My pledge that the Democratic ma- The standard of review applied [*19] to ad-
ger.’’ That statement is—that’s not true. I
jority would consider judicial nominees mean, the testimony indicated that she
ministrative decisions is that they must be
in due course and in good faith was didn’t approach her, she didn’t raise it, that
affirmed if (1) not arbitrary or capricious, (2)
hardly a guarantee that every Bush it was Renee Elmore that brought it up. She
supported by substantial evidence and (3) not
didn’t seek out this black employee to tell
nominee would be confirmed. I was told contrary to law. Brinston v. Public Employ-
her anything about it.
early on that Judge Southwick was ees’ Retirement System, 706 So. 2d 258, 259 Further, I don’t find anywhere where it
noncontroversial. He had a high rating (Miss. 1998). is—the other comments, your conduct in re-
from the ABA. He had participated in In this case, the Mississippi Employee Ap- turning and repeating, which she didn’t do.
peals Board, (hereinafter referred to as To return to the DeSoto County office and
lots of cases. There was no problem. I ‘‘EAB’’) made no specific findings of fact. In-
accepted those representations and, repeat that phrase, had she repeated that
stead, it merely entered an order which af- phrase, it would have been unacceptable to-
after having accepted them, pushed firmed ‘‘the Order of November 29, 1994’’ 1, en- tally as though it was acceptable to the Mis-
very hard to move this nomination tered by the Hearing Officer Falton O. sissippi Department of Human Services. I
along. But the facts of his background Mason, Jr. Because the EAB made no find- don’t find it having created a distraction
and his decisionmaking are different ings of its own, we can only conclude that it within the DeSoto county office. Nobody tes-
than had been represented to me. The incorporated by reference and adopted the tified to that, or the surrounding areas. I
Judiciary Committee must still do its findings and order of the hearing officer. It is don’t think it’s caused employees to ques-
therefore the findings and opinion of the tion whether the department condones the
work with care, and it should only re- hearing officer which we subject to our re- use of racial slurs. You know, I think the de-
port those nominees who deserve a life- view. partment overreacted.
time appointment to the Federal 1 The hearing officer’s order read as fol-
The part that bothers me is to allow you to
bench. lows: continue in this position [*22] would dis-
The nomination of Judge Southwick This came on to be heard on November 16, credit the agency, impair the agency’s abil-
has already been treated more kindly 1994, at 9:30 a.m. in the Supervisors Board ity to provide services, violates the agency’s
than dozens of Clinton nominees, in- Room, in the Desoto County Courthouse, responsibility to the public to administer
Hernando, Mississippi, Falton O. Mason, Jr., nondiscriminatory services, violates the
hmoore on PRODPC68 with HMSENATE
cluding nominees to the Fifth Circuit.
Hearing Officer; agency’s duty to administer working envi-
We have held a hearing. I repeat, dur-
After receiving testimony and hearing ar- ronment free of discriminatory practices and
ing the Clinton administration, almost gument of counsel, the Court being fully ad- procedures and subject the department to po-
70 languished with no hearings. If vised in the premises finds: tential liability for unlawful discrimination.
Southwick has been unable to convince Bonnie Richmond appealed her termi- If, in fact, she had returned to the DeSoto
Judiciary Committee members of suit- nation by the Mississippi Department of County office, had brought this subject up
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9657
again, and the only person—the only testi- The fact that a business meeting may be in regard to the agency’s duties to the public
mony that we have about anybody else hear- conducted in a relaxed and open atmosphere, or to other state employees.
ing about this thing was somebody who Ms. is not license to engage in boorish, crude, The hearing officer and majority opinion
Johnson and Mr. Everett had to make the loutish or offensive behavior. The actions of seem to suggest that absent evidence of a
comment to somebody else. Ms.—what’s her Bonnie Richmond in referring to Varrie near race riot, the remark is too incon-
name? Richmond as a ‘‘good ole nigger’’ was indeed sequential to serve as a basis of dismissal.
Mr. Lynchard: Varrie Richmond. boorish, crude, loutish and offensive behav- Such a view requires a level of myopia incon-
The Hearing Officer: Ms. Varrie Richmond ior. This behavior was not merely inappro- sistent with the facts and reason.
said she didn’t tell anybody else. She said priate, but highly inappropriate. It is (1) the remark, and (2) the lack of
she didn’t call the state office about the situ- That a white employee would suggest the judgment in making it in a professional
ation, and apparently, until she was con- use of the term ‘‘good ole nigger,’’ is less in- meeting with top departmental executives,
tacted by the state office, she had accepted appropriate in a relaxed meeting, raises sig- which satisfy the requirement, ‘‘that to con-
Bonnie Richmond’s apology. I just think the nificant questions about that person’s judg- tinue the employee in the assigned position
agency overreacted, and if the agency might ment and whether the agency would be neg- could constitute negligence in regard to the
find itself in a situation where every time ligent in retaining her. That judgment is agency’s duties . . . to other state employ-
somebody in the agency is called a redneck demonstrated as especially questionable, ees.’’
by some other employee, that they are going when one realizes that Bonnie Richmond The majority [*29] opinion is a scholarly,
to be calling the state office and wanting worked in a division which is approximately but sanitized version of the hearing officer’s
some relief or [*23] a honkie or a good old 60% black, in an agency with in excess of findings and is subject to the same infir-
boy or Uncle Tom or chubby or fat or slim. 50% black employees. Such a demonstrated mities found in that opinion.
I mean, I understand that the term ‘‘nig- gross lack of judgment would [*26] justify The second reason given for termination of
ger’’ is somewhat derogatory, but the term the dismissal of Bonnie Richmond. Bonnie Richmond was ‘‘Willful violation of
has not been used in recent years in the con- The hearing officer’s ruling that calling State Personnel Board policies, rules and
versation that it was used in my youth, and Varrie Richmond a ‘‘good ole nigger’’ was regulations.’’
at that point—at that time it was a deroga- equivalent to calling her ‘‘teacher’s pet’’ The factual basis for this second allegation
tory remark. I think that in this context, I strains credulity, finds no basis in reason was the same as the first, except it raised
just don’t find it was racial discrimination. I and would appear to be both arbitrary and the issue of DHS’s consideration of this be-
just don’t find—she possibly should have a capricious. The word ‘‘nigger’’ is, and has al- havior and its impact upon the integrity of
letter of reprimand, but I don’t think she ways been, offensive. Search high and low, DHS. The record does not reflect that DHS
needs to be terminated. you will not find any non-offensive definition identified any specific Personnel Board poli-
I’m going to reinstate her with back pay. for this term.2 cies, rules or regulations.
The agency can do what they feel like they 2 1. a. Used as a disparaging term for a However, it must be presumed that an
have got to do. Black person: ‘‘You can only be destroyed by agency has the authority to mandate civil
The Department of Human Services (here- believing that you really are what the white conduct from its employees.
inafter referred to as ‘‘DHS’’) gave written world calls a nigger’’ (James Baldwin) b. The actions of Bonnie Richmond exceed (1)
notice of its intent to terminate Richmond Used as a disparaging term for any dark- acceptable civil conduct, (2) acceptable so-
on June 21, 1994. That notice identified two skinned people. 2. Used as a disparaging term cial conduct, and (3) acceptable business con-
separate Group III violations (numbers 11 for a member of any socially, economically, duct.
and 16) and provided separately the under- or politically deprived group of people. This conduct was, by definition, offensive
lying facts upon which each violation was There are some words, which by their na- to the individual referred to and the black
based. ture and definition are so inherently offen- employees of DHS in general.
The first offense was a violation of item sive, that their use establishes the intent to The actions of the EAB were not supported
number 11, which is ‘‘Acts of conduct occur- offend. Words such as ‘‘nigger’’ when refer- by substantial evidence, and I would there-
ring on or off the job which are plainly re- ring to a black person, or the words, ‘‘bitch’’ fore reverse.
lated to job performance and are of such na- or ‘‘whore’’ when referring to a female per- PAYNE, J., JOINS THIS OPINION.
ture that to continue the employee in the as- son. The character [*27] of these terms is so
signed position could constitute negligence Mr. REID. Judge Southwick says the
inherently offensive that it is not altered by decision was about technical issues,
in regard to the agency’s duties to the [*24] the use of modifiers, such as ‘‘good ole.’’
public or to other state employees. (empha- Much is made of the fact that Renee
but the dissent in the case by Judge
sis added) Elmore indicated she was not offended by the King is eloquent. I mean eloquent. I
The factual basis given to support this al- use of the term, ‘‘good ole nigger.’’ hadn’t read that opinion prior to my
legation was: The test is not whether Renee Elmore was conversations with Senator MCCON-
On May 23, 1994 while in conference with offended by the use of this term. Rather it is NELL, but I have read it. I understand
Joyce Johnson, Division Director of Family (1) whether this term is universally offen-
and Children’s and Jerald Everett of the Di- it. I have a totally different view than
sive, Brown v. East Miss. Electric, 989 F.2d 858, I had prior to reading that opinion.
vision of Human Resources, you referred to 859 (5th Cir. 1993), and (2) whether the use of
one of our black employees as ‘‘a good ole The judge’s words are eloquent. Here
this term is inappropriate and reprehensible.
nigger.’’ Further on May 24, 1994 upon re- The answer to each of these is a most defini-
is part of what he said:
turning to DeSoto County you approached tive ‘‘yes.’’ There are some words, which by their na-
this black employee and referred to her The majority quotes Elmore on page 7, as ture and definition are so inherently offen-
using exactly the same words as you used saying, ‘‘Because I felt as if she was describ- sive, that their use establishes the intent to
when you were in conference with Joyce ing the actions of a person, I at that time offend.
Johnson and Jerald Everett the day before. didn’t allow myself to feel anything other
The hearing officer resolved this issue by Race is a highly sensitive issue
than what I felt she was doing and I allowed throughout the entire United States,
her that leeway to describe her.’’ I suggest but especially in the States that com-
(1) DHS overreacted;
(2) the remark was made in an open meet- that effect must be given to all portions of
that quote. Particularly the phrase, ‘‘I at
prise the Fifth Circuit. It took the cou-
ing with an atmosphere of give and take; rageous action of judges, mostly Fed-
(3) the term ‘‘good ole nigger’’ was not a that time didn’t allow myself to feel any-
racial slur; (transcript 129) thing.’’ (emphasis added). eral judges, on the Fifth Circuit espe-
(4) calling Varrie Richmond a ‘‘good ole It is clear that Renee Elmore made a deter- cially, to carry out the Supreme
nigger’’ was equivalent to calling her ‘‘teach- mination to not personalize or allow herself Court’s desegregation decisions and de-
er’s pet’’ to become emotionally involved in Bonnie stroy the vestiges of the Jim Crow era.
(order by Hearing Officer Falton Mason, Richmond’s remark. It is not uncommon for Yet even today no African American
Jr., November 29, 1994,), and; people to deal with offensive remarks [*28]
from Mississippi sits on that court, de-
(5) Renee Elmore, not Bonnie Richmond, by refusing to associate the remarks with
initiated the conversation of May 24, 1994 themselves on a personal basis. This makes spite the many qualified African-Amer-
with Varrie Richmond. the remark no less inappropriate or offen- ican lawyers in that State. Concerns
The meeting of May 23, 1994, while hastily sive. about Judge Southwick need to be seen
scheduled, was a formal meeting with two However, the resolution of this matter in that context.
top tier DHS executives, intended to [*25] does not hinge upon that fact. The use of the I say that Judge Southwick is not
allow Bonnie Richmond and Renee Elmore to term by Bonnie Richmond in a meeting with being looked at with lack of favor by
address what they perceived as problems in two of the top executives of DHS, an agency
hmoore on PRODPC68 with HMSENATE
the Judiciary Committee because of
the DeSoto County office. While the atmos- with about 5000 employees of whom in excess
phere was intended to allow for honest dis- of 50% are black, and where the Division of
the color of his skin. It is because of
cussion, there is no indication that this was Family and Children Services has a 60–40 his judicial participation in various
intended as an informal or unofficial meet- black-white employee ratio demonstrates opinions.
ing. Its purpose was to identify problems, such a lack of judgment and discretion that The members of the Judiciary Com-
and if necessary to address them. to retain her ‘‘could’’ constitute negligence mittee will decide whether to report
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S9658 CONGRESSIONAL RECORD — SENATE July 20, 2007
this nomination to the full Senate. If nations today—the Export-Import protection by limiting the number of manda-
they choose to report the nomination, Bank of the United States, two nomi- tory overtime hours a nurse may be required
I will schedule action as quickly as I nees we were ready to clear; the Secu- to work in certain providers of services to
which payments are made under the Medi-
can. If they reject the nomination, that rities Investor Protection Corporation, care Program; to the Committee on Finance.
action will also be on the merits. one, two, three nominations; the Na- By Mr. KENNEDY (for himself, Mr.
After I had read the opinion and un- tional Oceanic and Atmospheric Ad- SPECTER, Mr. HARKIN, Mrs. CLINTON,
derstood the case, I visited personally ministration, we have someone there Ms. SNOWE, Ms. MIKULSKI, Mr.
with THAD COCHRAN. I think the world to clear; the Securities Investor Pro- OBAMA, Mr. DURBIN, Mr. DODD, Mr.
of THAD COCHRAN. I have served with tection Corporation, we have an indi- LEAHY, Mrs. MCCASKILL, Mr.
him now in the Congress for 25 years. I vidual there who has been cleared on WHITEHOUSE, Mrs. BOXER, Ms.
have served with Senator LOTT for 25 our side. STABENOW, and Mrs. MURRAY):
years. I went to both of them and said: All these nominations have been S. 1843. A bill to amend title VII of the
I know how strongly you feel about cleared on our side. The holdups are Civil Rights Act of 1964 and the Age Dis-
Judge Southwick, but here are the with the minority. So we are trying to crimination in Employment Act of 1967 to
facts. I read to them the dissent of clarify that an unlawful practice occurs each
clear the President’s nominations. We time compensation is paid pursuant to a dis-
Judge King. I read to them the full dis- cannot do it unless the Republicans criminatory compensation decision or other
sent. Anyone who cares to hear what agree to it. They are his nominations. practice, and for other purposes; to the Com-
Judge King had to say only has to look f mittee on Health, Education, Labor, and
at the CONGRESSIONAL RECORD. Pensions.
I also told them that the Magnolia MEASURES PLACED ON THE
Bar Association, the African American CALENDAR f
Bar Association in the State of Mis- The following bill was read the sec-
sissippi, opposes Judge Southwick. The ond time, and placed on the calendar: ADDITIONAL COSPONSORS
NAACP opposes Judge Southwick. H.R. 980. An act to provide collective bar-
Republican Senators may disagree gaining rights for public safety officers em- S. 968
with the decision of the Judiciary Com- ployed by States or their political subdivi- At the request of Mrs. BOXER, the
mittee when and if it comes, but they sions. name of the Senator from Vermont
should not treat it as an affront or an f (Mr. SANDERS) was added as a cospon-
outrage. It is simply the way in which sor of S. 968, a bill to amend the For-
the Founders envisioned the Senate REPORTS OF COMMITTEES
eign Assistance Act of 1961 to provide
would work as a partner with the The following reports of committees increased assistance for the prevention,
President in deciding who is entitled to were submitted: treatment, and control of tuberculosis,
lifetime appointments to the Federal By Mr. LEAHY, from the Committee on and for other purposes.
bench. the Judiciary, without amendment and with
Again, the Judiciary Committee a preamble: S. 982
didn’t stall Southwick. They scheduled S. Res. 236. A resolution supporting the At the request of Mrs. CLINTON, the
a hearing at a time that was conven- goals and ideals of the National Anthem name of the Senator from Vermont
ient to everyone. It was precise. It was Project, which has worked to restore Amer-
(Mr. SANDERS) was added as a cospon-
to the point. Everyone was able to ask ica’s voice by re-teaching Americans to sing
the national anthem. sor of S. 982, a bill to amend the Public
their questions. They had a full hear- S. Res. 248. A resolution honoring the life Health Service Act to provide for inte-
ing. If he can’t convince that com- and achievements of Dame Lois Browne gration of mental health services and
mittee that he is the man for the job, Evans, Bermuda’s first female barrister and mental health treatment outreach
that is our process. Certainly, at a sub- Attorney General, and the first female Oppo- teams, and for other purposes.
sequent time, if and when we get a sition Leader in the British Commonwealth.
S. Res. 261. A resolution expressing appre- S. 1060
Democratic President, if they process
these nominations in the manner that ciation for the profound public service and At the request of Mr. BIDEN, the
we have, that will be fine. It is the way educational contributions of Donald Jeffry name of the Senator from Connecticut
Herbert, fondly known as ‘‘Mr. Wizard’’. (Mr. DODD) was added as a cosponsor of
we are supposed to work.
Whatever happens with the South- f S. 1060, a bill to reauthorize the grant
wick nomination, the Senate will con- INTRODUCTION OF BILLS AND program for reentry of offenders into
tinue to process judicial nominations JOINT RESOLUTIONS the community in the Omnibus Crime
in due course and in good faith, as I Control and Safe Streets Act of 1968, to
have pledged. I repeat, I know how The following bills and joint resolu- improve reentry planning and imple-
strongly the distinguished Republican tions were introduced, read the first mentation, and for other purposes.
leader feels about judges. I think there and second times by unanimous con-
sent, and referred as indicated: S. 1213
are a lot of things that are just as im-
portant. He feels strongly about this. I By Mrs. CLINTON: At the request of Mr. LUGAR, the
accept that. But I would like everyone S. 1840. A bill to amend the Internal Rev- name of the Senator from Illinois (Mr.
enue Code of 1986 to provide recruitment and DURBIN) was added as a cosponsor of S.
to look at the record as to what has retention incentives for volunteer emer-
happened with this nomination. It has 1213, a bill to give States the flexibility
gency service workers; to the Committee on to reduce bureaucracy by streamlining
been moved expeditiously. They can Finance.
have a vote anytime they wish in the By Ms. COLLINS (for herself, Mr.
enrollment processes for the Medicaid
committee. There are votes that take AKAKA, Mr. BENNETT, Mrs. BOXER, and State Children’s Health Insurance
place almost every Thursday. They can Ms. CANTWELL, Mrs. CLINTON, Mr. Programs through better linkages with
schedule it anytime they want. But I COLEMAN, Mr. DURBIN, Mrs. DOLE, Ms. programs providing nutrition and re-
think it would be asking quite a bit for KLOBUCHAR, Ms. LANDRIEU, Mrs. LIN- lated assistance to low-income fami-
COLN, Mrs. MCCASKILL, Ms. MIKULSKI, lies.
someone to think that when the com- Ms. MURKOWSKI, Mrs. MURRAY, Ms.
mittee of jurisdiction on an issue turns S. 1318
SNOWE, Ms. STABENOW, and Mr.
something down, we should take it up VOINOVICH): At the request of Mr. SCHUMER, the
on the floor. That is not how things S. 1841. A bill to provide a site for the Na- name of the Senator from Ohio (Mr.
work. tional Women’s History Museum in Wash- BROWN) was added as a cosponsor of S.
I would only say, I would think, ington, District of Columbia, and for other 1318, a bill to amend the Internal Rev-
based on the decisions participated in purposes; to the Committee on Homeland Se-
curity and Governmental Affairs.
enue Code of 1986 to provide an incen-
by Judge Southwick, anyone who has tive to preserve affordable housing in
any concern about the feelings of the By Mr. KENNEDY (for himself, Mr.
multifamily housing units which are
hmoore on PRODPC68 with HMSENATE
KERRY, Mr. DODD, Ms. MIKULSKI, Mrs.
members of the Judiciary Committee CLINTON, Mr. OBAMA, Mr. SANDERS, sold or exchanged.
who are Democrats should read this Mr. INOUYE, Mr. LEVIN, Mr. AKAKA, S. 1338
record because it explains very clearly Mr. FEINGOLD, Ms. CANTWELL, Mr.
what the problem is in this case. MENENDEZ, and Mr. WHITEHOUSE): At the request of Mr. ROCKEFELLER,
Mr. President, we were hoping to S. 1842. A bill to amend title XVIII of the the name of the Senator from New Jer-
clear a number of the President’s nomi- Social Security Act to provide for patient sey (Mr. LAUTENBERG) was added as a
VerDate Aug 31 2005 01:31 Jul 21, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G20JY6.016 S20JYPT1
July 20, 2007 CONGRESSIONAL RECORD — SENATE S9659
cosponsor of S. 1338, a bill to amend priations for fiscal year 2008 for mili- tration to negotiate and enter into an
title XVIII of the Social Security Act tary activities of the Department of occupancy agreement with the Na-
to provide for a two-year moratorium Defense, for military construction, and tional Women’s History Museum, Inc.
on certain Medicare physician payment for defense activities of the Depart- to establish a museum in the long-va-
reductions for imaging services. ment of Energy, to prescribe military cant Pavilion Annex of the Old Post Of-
S. 1494 personnel strengths for such fiscal fice building in Washington, DC.
At the request of Mr. DOMENICI, the year, and for other purposes. The National Women’s History Mu-
name of the Senator from Connecticut f seum is a nonprofit, nonpartisan, edu-
(Mr. LIEBERMAN) was added as a co- cational institution based in the Dis-
STATEMENTS ON INTRODUCED trict of Columbia. Its mission is to re-
sponsor of S. 1494, a bill to amend the BILLS AND JOINT RESOLUTIONS
Public Health Service Act to reauthor- search and present the historic con-
ize the special diabetes programs for By Ms. COLLINS (for herself, Mr. tributions that women have made to
Type I diabetes and Indians under that AKAKA, Mr. BENNETT, Mrs. all aspects of human endeavor, and to
Act. BOXER, Ms. CANTWELL, Mrs. present the contributions that women
Clinton, Mr. COLEMAN, Mr. DUR- have made to the Nation in their var-
BIN, Mrs. DOLE, Ms. KLOBUCHAR, ious roles in family, the economy, and
At the request of Mr. KENNEDY, the
Ms. LANDRIEU, Mrs. LINCOLN, society.
name of the Senator from Maryland
Mrs. MCCASKILL, Ms. MIKULSKI, The Pavilion Annex to the Old Post
(Mr. CARDIN) was added as a cosponsor
Ms. MURKOWSKI, Mrs. MURRAY, Office was a commercial failure and re-
of S. 1576, a bill to amend the Public
Ms. SNOWE, Ms. STABENOW, and mains a continuing drain on Federal
Health Service Act to improve the
Mr. VOINOVICH): maintenance budgets. Putting the
health and healthcare of racial and
S. 1841. A bill to provide a site for the building to use as a museum would pro-
ethnic minority groups.
National Women’s History Museum in vide lease payments and establish a
Washington, District of Columbia, and new historical and educational destina-
At the request of Mr. BAUCUS, the for other purposes; to the Committee tion site on Pennsylvania Avenue that
name of the Senator from West Vir- on Homeland Security and Govern- would bring new visitor traffic and new
ginia (Mr. ROCKEFELLER) was added as mental Affairs. economic activity to the neighborhood.
a cosponsor of S. 1607, a bill to provide Ms. COLLINS. Mr. President, I rise These are sound reasons for sup-
for identification of misaligned cur- to introduce the National Women’s porting this bill. The best reason, how-
rency, require action to correct the History Museum Act of 2007, a bill that ever, is the obligation to demonstrate
misalignment, and for other purposes. would clear the way to locate a long- the gratitude and respect we owe to the
S. 1692 overdue historical and educational re- many generations of American women
At the request of Mr. CARDIN, the source in our Nation’s capital city. who have helped build, sustain, and ad-
names of the Senator from Alaska (Mr. In each of the last two Congresses, vance our society. They deserve a
STEVENS) and the Senator from Dela- the Senate has approved earlier building to present their stories, as
ware (Mr. BIDEN) were added as cospon- versions of this bill by unanimous con- well as the stories of pioneering women
sors of S. 1692, a bill to grant a Federal sent. I appreciate that past support, like abolitionist Harriet Tubman, Su-
charter to Korean War Veterans Asso- and I appreciate the cosponsorship preme Court Justice Sandra Day
ciation, Incorporated. today from 18 of my colleagues, Sen- O’Connor, astronaut Sally Ride, and
S. 1708 ators AKAKA, BENNETT, BOXER, CANT- Secretary of State Madeleine Albright.
At the request of Mr. DODD, the name WELL, CLINTON, COLEMAN, DURBIN, That women’s roll of honor would
of the Senator from Vermont (Mr. DOLE, KLOBUCHAR, LANDRIEU, LINCOLN, also include a distinguished prede-
SANDERS) was added as a cosponsor of MCCASKILL, MIKULSKI, MURKOWSKI, cessor in my Senate seat, the late Sen-
S. 1708, a bill to provide for the expan- MURRAY, SNOWE, STABENOW, and ator Margaret Chase Smith, the first
sion of Federal efforts concerning the VOINOVICH. woman nominated for President of the
prevention, education, treatment, and Women constitute the majority of United States by a major political
research activities related to Lyme and our population. They make invaluable party, and the first woman elected to
other tick-borne diseases, including contributions to our country, not only both Houses of Congress. Senator
the establishment of a Tick-Borne Dis- in traditional venues like the home, Smith began representing Maine in the
eases Advisory Committee. schools, churches, and volunteer orga- U.S. House of Representatives in 1940,
nizations, but in Government, corpora- won election to the Senate in 1948, and
tions, medicine, law, literature, sports, enjoyed bipartisan respect over her
At the request of Mr. ROCKEFELLER,
entertainment, the arts, and the mili- long career for her independence, in-
the name of the Senator from Vermont
tary services. The need for a museum tegrity, wisdom, and decency. She re-
(Mr. SANDERS) was added as a cospon-
recognizing the contributions of Amer- mains my role model and, through the
sor of S. 1739, a bill to amend section 35
ican women is of long standing. example of her public service, an exem-
of the Internal Revenue Code of 1986 to
A presidential commission on com- plar of the virtues that would be hon-
improve the health coverage tax credit,
memorating women in American his- ored in the National Women’s History
and for other purposes.
tory concluded that, ‘‘Efforts to imple- Museum.
AMENDMENT NO. 2000
ment an appropriate celebration of I thank my colleagues for their past
At the request of Mr. NELSON of Flor- women’s history in the next millen- support of this effort, and urge them to
ida, the name of the Senator from Illi- nium should include the designation of renew that support for this bill.
nois (Mr. DURBIN) was added as a co- a focal point for women’s history in
sponsor of amendment No. 2000 in- our Nation’s capital.’’ By Mr. KENNEDY (for himself,
tended to be proposed to H.R. 1585, to That report was issued in 1999. Nearly Mr. KERRY, Mr. DODD, Ms. MI-
authorize appropriations for fiscal year a decade later, although Congress has KULSKI, Mrs. CLINTON, Mr.
2008 for military activities of the De- commendably made provisions for the OBAMA, Mr. SANDERS, Mr.
partment of Defense, for military con- National Museum for African American INOUYE, Mr. LEVIN, Mr. AKAKA,
struction, and for defense activities of History and Culture, the National Law Mr. FEINGOLD, Ms. CANTWELL,
the Department of Energy, to prescribe Enforcement Museum, and the Na- Mr. MENENDEZ, and Mr.
military personnel strengths for such tional Building Museum, there is still WHITEHOUSE):
fiscal year, and for other purposes. no national institution in the capital S. 1842. A bill to amend title XVIII of
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AMENDMENT NO. 2067 region dedicated to women’s role in our the Social Security Act to provide for
At the request of Mr. KENNEDY, the country’s history. patient protection by limiting the
name of the Senator from Illinois (Mr. The proposed legislation calls for no number of mandatory overtime hours a
DURBIN) was added as a cosponsor of new Federal program and no new nurse may be required to work in cer-
amendment No. 2067 intended to be pro- claims on the budget. It would simply tain providers of services to which pay-
posed to H.R. 1585, to authorize appro- direct the General Services Adminis- ments are made under the Medicare
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S9660 CONGRESSIONAL RECORD — SENATE July 20, 2007
Program; to the Committee on Fi- sionals. We need to guarantee the same The jury in this case found that
nance. safe working conditions for nurses, who Goodyear Tire and Rubber Company
Mr. KENNEDY. Mr. President, it is a care for so many of our most vulner- discriminated against Lilly Ledbetter
privilege to introduce the Safe Nursing able citizens. by downgrading her evaluations be-
and Patient Care Act today, and I am Some hospitals have already taken cause she was a woman in a tradition-
pleased to have my colleague from action. In recent years, after negotia- ally male job. For over a decade, the
Massachusetts, Senator KERRY, joining tions with their nurses, Brockton Hos- company used these discriminatory
me in this effort. This important bill pital and St. Vincent Hospital in Mas- evaluations to pay her less than male
will limit mandatory overtime for sachusetts have agreed to limit manda- workers who held the same position
nurses in order to protect patient safe- tory overtime. Mr. President, 11 States and performed the same duties. Super-
ty and improve working conditions for have adopted laws or regulations to visors at the plant where she worked
nurses. end forced overtime. These limits will were openly biased against women. One
The widespread insistence on manda- protect patients and improve working told her that ‘‘the plant did not need
tory overtime across the country conditions for nurses, and will help in women,’’ and that they ‘‘caused prob-
means that over-worked nurses are the recruitment and retention of lems.’’ Ms. Ledbetter’s pay fell to 15 to
often forced to provide care when they nurses in the future. 40 percent behind her male counter-
are too tired to perform their jobs. The Improving conditions for nurses is an parts.
result is unnecessary risk for their pa- essential part of our ongoing effort to Finally, after years, she realized
tients and for the nurses themselves. A reduce medical errors and improve pa- what was happening and filed suit for
recent study by the University of tient outcomes. But it is also a matter the back pay she had been unfairly de-
Pennsylvania School of Nursing found of basic fairness and respect. Nurses nied. The jury found that the only rea-
that nurses who work shifts of 121⁄2 perform one of the most difficult and son Ms. Ledbetter was paid less was be-
hours or more are three times more important jobs in our society. They cause she was a woman, and she was
likely to commit errors than nurses care about their patients and want to awarded full damages to correct this
who work a standard shift of 81⁄2 hours provide the best possible treatment. basic injustice.
or less. They cannot do their job when they’re The Supreme Court ruled against
A study by researchers at Columbia exhausted and overworked. Nurses, and her, holding that she filed her lawsuit
University Medical Center and RAND the patients they care for, deserve bet- far too long after Goodyear first began
Corporation found that when nurses ter. The Safe Nursing and Patient Care to pay her less than her male col-
work too much overtime, their pa- Act respects the dignity of hard- leagues. Never mind that she had no
tients are more likely to suffer hos- working nurses, and I urge my col- way of knowing at first that male
pital-related infections. leagues to support it. workers were being paid more. Never
These studies, and many more like By Mr. KENNEDY (for himself, mind that the company discriminated
them, compellingly illustrate the crit- Mr. SPECTER, Mr. HARKIN, Mrs. against her for decades, and that the
ical threat to patient safety when CLINTON, Ms. SNOWE, Ms. MI- discrimination continued with each
nurses are overworked. KULSKI, Mr. OBAMA, Mr. DURBIN,
new paycheck she received.
The grueling conditions in which The Supreme Court’s ruling defies
Mr. DODD, Mr. LEAHY, Mrs.
nurses are obliged to work jeopardizes both Congress’s intent and common
MCCASKILL, Mr. WHITEHOUSE,
the future of this essential profession. sense. Pay discrimination is not like
Mrs. BOXER, Ms. STABENOW, and
We face a critical shortage of nurses. other types of discrimination, because
The American Hospital Association re- S. 1843. A bill to amend title VII of employees generally don’t know what
ports that hospitals needed 118,000 the Civil Rights Act of 1964 and the Age their colleagues earn, and such infor-
more RNs to fill immediate vacancies Discrimination in Employment Act of mation is difficult to obtain.
in December 2005. This is an 8.5 percent 1967 to clarify that an unlawful prac- Pay discrimination is not like being
vacancy rate, and it is expected to rise tice occurs each time compensation is told ‘‘You’re fired,’’ or ‘‘You didn’t get
to 20 percent in coming years, under- paid pursuant to a discriminatory com- the job,’’ when workers at least know
mining their ability to provide emer- pensation decision or other practice, they have been denied a job benefit.
gency care. In addition, nearly half a and for other purposes; to the Com- With pay discrimination, the paycheck
million trained nurses are not cur- mittee on Health, Education, Labor, typically comes in the mail, and em-
rently working in the nursing profes- and Pensions. ployees usually have no idea if they
sion, even though they are desperately Mr. KENNEDY. Mr. President, it’s an have been paid fairly. They should be
needed. honor to join my colleagues in intro- able to file a complaint within a rea-
Job dissatisfaction and harsh over- ducing the Fair Pay Restoration Act to sonable time after receiving a discrimi-
time are major factors in the nursing correct the Supreme Court’s recent 5–4 natory paycheck, instead of having to
shortage. As a 2004 report by the CDC decision in Ledbetter v. Goodyear Tire file the complaint soon after the com-
concluded, poor working conditions are & Rubber Company, which undermined pany first decides to shortchange them
contributing to difficulties with reten- basic protection for workers against for discriminatory reasons.
tion and recruitment in nursing. pay discrimination under the Civil The decision actually creates a per-
Nurses are not treated with the respect Rights Act of 1964. The decision also verse incentive for workers to file law-
they deserve in the workplace, and undermines pay discrimination claims suits before they know a pay decision
many caring nurses refuse to work in under the Americans with Disabilities is based on discrimination. Workers
an environment in which they know Act and the Age Discrimination in Em- who wait to learn the truth before fil-
they are putting their patients at risk. ployment Act. Our bill would restore ing a complaint of discrimination
Our Safe Nursing and Patient Care the clear intent of Congress when we could be out of time. As a result, the
Act deals with these critical problems. passed these important laws that work- decision will create unnecessary litiga-
By restricting mandatory overtime for ers must have a reasonable time to file tion as workers rush to beat the clock
nurses, the act helps ensure that nurses a pay discrimination claim after they in their claims for equal pay.
are able to provide the highest quality become victims of discriminatory com- The Supreme Court’s decision also
of care to their patients. By improving pensation. breaks faith with the Civil Rights Act
the quality of life of nurses, the act en- No American should be denied equal of 1991, which was enacted with over-
courages more dedicated workers to pay for equal work. Employees’ ability whelming bipartisan support, a vote of
enter nursing and to make it their life- to provide for their children, save for 93 to 5 in the Senate, and 381 to 38 in
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time career. retirement, and enjoy the benefit of the House. The 1991 act had corrected
This legislation is obviously needed their labor should not be limited by this same problem in the context of se-
to protect public safety. Federal safety discrimination. The Court’s decision niority, overturning the Court’s deci-
standards already limit work hours for undermined these bedrock principles sion in a separate case. At the time,
pilots, flight attendants, truck drivers, by imposing unrealistically short time there was no need to clarify Title VII
railroad engineers and other profes- limits on such claims. for pay discrimination claims, since
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9661
the courts were interpreting Title VII (b) AUTHORIZATION AND APPROPRIATION OF ‘‘(G) $3,650,000,000 for fiscal year 2014;
correctly. Obviously, Congress now FUNDS.—There is authorized to be appropriated, ‘‘(H) $3,850,000,000 for fiscal year 2015;
and there is appropriated, out of any money in ‘‘(I) $4,175,000,000 for fiscal year 2016; and
needs to act again to ensure that the ‘‘(J) $4,180,000,000 for fiscal year 2017.
the Treasury not otherwise appropriated, for the
law adequately protects workers ‘‘(2) AVAILABILITY OF FUNDS.—Funds appro-
Department of Education to carry out the
against pay discrimination. amendment made by subsection (a), $5,000,000 priated under paragraph (1) for a fiscal year
The Congressional Budget Office has for fiscal year 2008. shall remain available through the last day of
made clear that this bill will not create SEC. 102. PROMISE GRANTS. the fiscal year immediately succeeding the fiscal
costs for the Equal Employment Oppor- (a) AMENDMENT.—Subpart 1 of part A of title year for which the funds are appropriated.’’.
tunity Commission or the Federal (b) EFFECTIVE DATE.—The amendment made
IV (20 U.S.C. 1070a et seq.) is amended by add-
by subsection (a) shall take effect on July 1,
courts. It simply restores the status ing at the end the following:
quo as Congress intended and as it ex- ‘‘SEC. 401B. PROMISE GRANTS.
TITLE II—STUDENT LOAN BENEFITS,
isted on May 28, 2007, before the ‘‘(a) GRANTS.—
TERMS, AND CONDITIONS
Ledbetter decision was made. ‘‘(1) IN GENERAL.—From amounts appro-
priated under subsection (e) for a fiscal year SEC. 201. DEFERMENTS.
It is unacceptable that some workers (a) FISL.—Section 427(a)(2)(C)(iii) (20 U.S.C.
are unable to file a lawsuit against on- and subject to subsection (b), the Secretary shall
award grants to students in the same manner as 1077(a)(2)(C)(iii)) is amended by striking ‘‘3
going discrimination. Yet that is what the Secretary awards Federal Pell Grants to stu- years’’ and inserting ‘‘6 years’’.
happened to Lilly Ledbetter. I hope dents under section 401, except that— (b) INTEREST SUBSIDIES.— Section
that all of us, on both sides of the aisle, ‘‘(A) at the beginning of each award year, the 428(b)(1)(M)(iv) (20 U.S.C. 1078(b)(1)(M)(iv)) is
can join in correcting this obvious Secretary shall establish a maximum and min- amended by striking ‘‘3 years’’ and inserting ‘‘6
wrong. imum award level based on amounts made avail- years’’.
able under subsection (e); (c) DIRECT LOANS.—Section 455(f)(2)(D) (20
In recent years, the Supreme Court
‘‘(B) the Secretary shall only award grants U.S.C. 1087e(f)(2)(D)) is amended by striking ‘‘3
also has undermined other bipartisan years’’ and inserting ‘‘6 years’’.
under this section to students eligible for a Fed-
civil rights laws in ways Congress (d) PERKINS.—Section 464(c)(2)(A)(iv) (20
eral Pell Grant for the award year; and
never intended. It has limited the Age ‘‘(C) when determining eligibility for the U.S.C. 1087dd(c)(2)(A)(iv)) is amended by strik-
Discrimination in Employment Act, awards under this section, the Secretary shall ing ‘‘3 years’’ and inserting ‘‘6 years’’.
made it harder to protect children who consider only those students who submitted a (e) EFFECTIVE DATE AND APPLICABILITY.—The
are harassed in school, and eliminated Free Application for Federal Student Aid or amendments made by this section shall take ef-
other common reporting form under section 483 fect on July 1, 2008, and shall only apply with
peoples’ right to challenge practices
as of July 1 of the award year for which the de- respect to the loans made to a borrower of a
with a discriminatory impact on their loan under title IV of the Higher Education Act
access to public services. The Court has termination is made.
‘‘(2) STUDENTS WITH THE GREATEST NEED.— of 1965 who obtained the borrower’s first loan
also made it more difficult for workers under such title prior to October 1, 2012.
The Secretary shall ensure grants are awarded
with disabilities to prove that they’re under this section to students with the greatest SEC. 202. STUDENT LOAN DEFERMENT FOR CER-
entitled to the protection of the law. need as determined in accordance with section TAIN MEMBERS OF THE ARMED
Congress needs to correct these prob- 471.
(a) FEDERAL FAMILY EDUCATION LOANS.—
lems as well. The Fair Pay Restoration ‘‘(b) COST OF ATTENDANCE LIMITATION.—A
Section 428(b)(1)(M)(iii) (20 U.S.C.
Act makes sure that what happened to grant awarded under this section for an award
1078(b)(1)(M)(iii)) is amended—
Lilly Ledbetter will not happen to any year shall be awarded in an amount that does
(1) in the matter preceding subclause (I), by
others. As Justice Ginsburg wrote in not exceed—
striking ‘‘not in excess of 3 years’’;
‘‘(1) the student’s cost of attendance for the
her powerful dissent, the Court’s deci- award year; less
(2) in subclause (II), by striking ‘‘; or’’ and in-
sion is ‘‘totally at odds with the robust serting a comma; and
‘‘(2) an amount equal to the sum of— (3) by adding at the end the following:
protection against employment dis- ‘‘(A) the expected family contribution for the ‘‘and for the 180-day period following the demo-
crimination Congress intended.’’ I urge student for the award year; and bilization date for the service described in sub-
my colleagues, Republicans and Demo- ‘‘(B) any Federal Pell Grant award received clause (I) or (II); or’’.
crats alike, to restore the law as it was by the student for the award year. (b) DIRECT LOANS.—Section 455(f)(2)(C) (20
before the decision, so that victims of ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Grants U.S.C. 1087e(f)(2)(C)) is amended—
awarded from funds made available under sub- (1) in the matter preceding clause (i), by strik-
ongoing pay discrimination have a rea-
section (e) shall be used to supplement, and not ing ‘‘not in excess of 3 years’’;
sonable time to file their claims. supplant, other Federal, State, or institutional (2) in clause (ii), by striking ‘‘; or’’ and insert-
f grant funds. ing a comma; and
‘‘(d) USE OF EXCESS FUNDS.— (3) by adding at the end the following:
COLLEGE COST REDUCTION ACT
‘‘(1) FIFTEEN PERCENT OR LESS.—If, at the end ‘‘and for the 180-day period following the demo-
OF 2007 of a fiscal year, the funds available for making bilization date for the service described in clause
On Thursday, July 19, 2007, the Sen- grant payments under this section exceed the (i) or (ii); or’’.
ate passed H.R. 2669. amount necessary to make the grant payments (c) PERKINS LOANS.—Section 464(c)(2)(A)(iii)
The bill, as amended, is as follows: required under this section to eligible students (20 U.S.C. 1087dd(c)(2)(A)(iii)) is amended—
by 15 percent or less, then all of the excess funds (1) in the matter preceding subclause (I), by
H.R. 2669 shall remain available for making grant pay- striking ‘‘not in excess of 3 years’’;
Resolved, That the bill from the House of ments under this section during the next suc- (2) in subclause (II), by striking the semicolon
Representatives (H.R. 2669) entitled ‘‘An Act ceeding fiscal year. and inserting a comma; and
to provide for reconciliation pursuant to sec- ‘‘(2) MORE THAN FIFTEEN PERCENT.—If, at the (3) by adding at the end the following:
tion 601 of the concurrent resolution on the end of a fiscal year, the funds available for ‘‘and for the 180-day period following the demo-
budget for fiscal year 2008.’’, do pass with the making grant payments under this section ex- bilization date for the service described in sub-
following amendment: ceed the amount necessary to make the grant clause (I) or (II);’’.
Strike out all after the enacting clause and payments required under this section to eligible (d) APPLICABILITY.—Section 8007(f) of the
insert: students by more than 15 percent, then all of Higher Education Reconciliation Act of 2005 (20
SECTION 1. SHORT TITLE; REFERENCES. such funds shall remain available for making U.S.C. 1078 note) is amended by striking ‘‘loans
(a) SHORT TITLE.—This Act may be cited as such grant payments but grant payments may for which’’ and all that follows through the pe-
the ‘‘Higher Education Access Act of 2007’’. be made under this paragraph only with respect riod at the end and inserting ‘‘all loans under
(b) REFERENCES.—Except as otherwise ex- to awards for that fiscal year. title IV of the Higher Education Act of 1965.’’.
pressly provided, whenever in this Act an ‘‘(e) AUTHORIZATION AND APPROPRIATION OF (e) EFFECTIVE DATE.—The amendments made
amendment or repeal is expressed in terms of an FUNDS.— by this section shall take effect on July 1, 2008.
amendment to, or repeal of, a section or other ‘‘(1) IN GENERAL.—There are authorized to be SEC. 203. INCOME-BASED REPAYMENT PLANS.
provision, the reference shall be considered to be appropriated, and there are appropriated, out of (a) FFEL.—Section 428 (as amended by sec-
made to a section or other provision of the High- any money in the Treasury not otherwise appro- tions 201(b) and 202(a)) (20 U.S.C. 1078) is fur-
er Education Act of 1965 (20 U.S.C. 1001 et seq.). priated, for the Department of Education to ther amended—
carry out this section— (1) in subsection (b)—
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TITLE I—GRANTS TO STUDENTS IN AT- ‘‘(A) $2,620,000,000 for fiscal year 2008; (A) in paragraph (1)—
TENDANCE AT INSTITUTIONS OF HIGH- ‘‘(B) $3,040,000,000 for fiscal year 2009; (i) in subparagraph (D), by striking ‘‘income
ER EDUCATION ‘‘(C) $3,460,000,000 for fiscal year 2010; contingent’’ and inserting ‘‘income-based’’; and
SEC. 101. TUITION SENSITIVITY. ‘‘(D) $3,900,000,000 for fiscal year 2011; (ii) in subparagraph (E)(i), by striking ‘‘in-
(a) AMENDMENT.—Section 401(b) (20 U.S.C. ‘‘(E) $4,020,000,000 for fiscal year 2012; come-sensitive’’ and inserting ‘‘income-based’’;
1070a(b)) is amended by striking paragraph (3). ‘‘(F) $10,000,000 for fiscal year 2013; and
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S9662 CONGRESSIONAL RECORD — SENATE July 20, 2007
(B) by striking clause (iii) of paragraph (9)(A) (B) in paragraph (1), by striking ‘‘income con- (F) by inserting after paragraph (5) the fol-
and inserting the following: tingent repayment plan’’ and all that follows lowing:
‘‘(iii) an income-based repayment plan, with through the period at the end and inserting ‘‘in- ‘‘(6) TREATMENT OF INTEREST.—In the case of
parallel terms, conditions, and benefits as the come-based repayment plan as described in sub- a Federal Direct Stafford Loan, any interest due
income-based repayment plan described in sub- section (b)(9)(A)(iii) and section 455(d)(1)(D).’’; and not paid for under paragraph (2) shall be
sections (e) and (d)(1)(D) of section 455, except and paid by the Secretary.
that— (C) in the paragraph heading of paragraph ‘‘(7) LOAN FORGIVENESS.—The Secretary shall
‘‘(I) the plan described in this clause shall not (2), by striking ‘‘INCOME CONTINGENT’’ and in- cancel the obligation to repay an outstanding
be available to a borrower of an excepted PLUS serting ‘‘INCOME-BASED’’. balance of principal and interest due on all
loan (as defined in section 455(e)(10)) or of a (b) CONSOLIDATION LOANS.—Section 428C (20 loans made under this part, or assume the obli-
loan made under 428C that includes an excepted U.S.C. 1078–3) is amended— gation to repay an outstanding balance of prin-
PLUS loan; (1) in subsection (a)(3)(B)(i)(V), by striking cipal and interest due on all loans made, in-
‘‘(II) in lieu of the process of obtaining Fed- ‘‘for the purposes of obtaining an income con- sured, or guaranteed under part B, (other than
eral income tax returns and information from tingent repayment plan,’’ and inserting ‘‘for the an excepted PLUS Loan, or any Federal Direct
the Internal Revenue Service, as described in purpose of using the public service loan forgive- Consolidation Loan or loan under section 428C
section 455(e)(1), the borrower shall provide the ness program under section 455(m),’’; that includes an excepted PLUS loan) to a bor-
lender with a copy of the Federal income tax re- (2) in subsection (b)(5)—
turn and return information for the borrower (A) in the first sentence, by striking ‘‘, or is
(and, if applicable, the borrower’s spouse) for unable to obtain a consolidation loan with in- ‘‘(A) makes the election under this subsection
the purposes described in section 455(e)(1), and come-sensitive repayment terms acceptable to or under section 428(b)(9)(A)(iii); and
the lender shall determine the repayment obliga- the borrower from such a lender,’’ and inserting ‘‘(B) for a period of time prescribed by the
tion on the loan, in accordance with the proce- ‘‘, or chooses to obtain a consolidation loan for Secretary not to exceed 25 years (including any
dures developed by the Secretary; the purposes of using the public service loan for- period during which the borrower is in
‘‘(III) in lieu of the requirements of section giveness program offered under section 455(m),’’; deferment due to an economic hardship de-
455(e)(3), in the case of a borrower who chooses and scribed in section 435(o)), meets 1 of the fol-
to repay a loan made, insured, or guaranteed (B) in the second sentence, by striking ‘‘in- lowing requirements with respect to each pay-
under this part pursuant to income-based repay- come contingent repayment under part D of this ment made during such period:
ment and for whom the adjusted gross income is title’’ and inserting ‘‘income-based repayment’’; ‘‘(i) Has made the payment under this sub-
unavailable or does not reasonably reflect the and section or section 428(b)(9)(A)(iii).
borrower’s current income, the borrower shall (3) in subsection (c)— ‘‘(ii) Has made the payment under a standard
provide the lender with other documentation of (A) in paragraph (2)(A)— repayment plan under section 428(b)(9)(A)(i) or
income that the Secretary has determined is sat- (i) in the first sentence, by striking ‘‘of grad- 455(d)(1)(A).
isfactory for similar borrowers of loans made uated or income-sensitive repayment schedules, ‘‘(iii) Has made a payment that counted to-
under part D; established by the lender in accordance with the ward the maximum repayment period under in-
‘‘(IV) the Secretary shall pay any interest due regulations of the Secretary.’’ and inserting ‘‘of come-sensitive repayment under section
and not paid for under the repayment schedule graduated repayment schedules, established by 428(b)(9)(A)(iii) or income contingent repayment
described in section 455(e)(4) for a loan made, the lender in accordance with the regulations of under section 455(d)(1)(D), as each such section
insured, or guaranteed under this part in the the Secretary, and income-based repayment was in effect on June 30, 2008.
same manner as the Secretary pays any such in- schedules, established pursuant to regulations ‘‘(iv) Has made a reduced payment of not less
terest under section 455(e)(6) for a Federal Di- by the Secretary.’’; and than the amount required under subsection (e),
rect Stafford Loan; (ii) in the second sentence, by striking ‘‘Ex- pursuant to a forbearance agreement under sec-
‘‘(V) the Secretary shall assume the obligation cept as required’’ and all that follows through tion 428(c)(3)(A)(i) for a borrower described in
to repay an outstanding balance of principal ‘‘subsection (b)(5),’’ and inserting ‘‘Except as re- 428(c)(3)(A)(i)(II).’’;
and interest due on all loans made, insured, or quired by such income-based repayment sched- (G) in the matter preceding subparagraph (A)
guaranteed under this part (other than an ex- ules,’’; and of paragraph (8) (as redesignated by subpara-
cepted PLUS Loan or a loan under section 428C (B) in paragraph (3)(B), by striking ‘‘income graph (E)), by striking ‘‘income contingent’’ and
that includes an excepted PLUS loan), for a contingent repayment offered by the Secretary inserting ‘‘income-based’’; and
borrower who satisfies the requirements of sub- under subsection (b)(5)’’ and inserting ‘‘income-
(H) by adding at the end the following:
paragraphs (A) and (B) of section 455(e)(7), in based repayment’’.
(c) DIRECT LOANS.—Section 455 (as amended ‘‘(9) RETURN TO STANDARD REPAYMENT.—A
the same manner as the Secretary cancels such
by sections 201(c) and 202(b)) (20 U.S.C. 1087e) is borrower who is repaying a loan made under
outstanding balance under section 455(e)(7); and
further amended— this part pursuant to income-based repayment
‘‘(VI) in lieu of the notification requirements
(1) in subsection (d)— may choose, at any time, to terminate repay-
under section 455(e)(8), the lender shall notify a
(A) in paragraph (1)(D)— ment pursuant to income-based repayment and
borrower of a loan made, insured, or guaranteed
(i) by striking ‘‘income contingent repayment repay such loan under the standard repayment
under this part who chooses to repay such loan
plan’’ and inserting ‘‘income-based repayment plan.
pursuant to income-based repayment of the
terms and conditions of such plan, in accord- plan’’; and ‘‘(10) DEFINITION OF EXCEPTED PLUS LOAN.—
ance with the procedures established by the Sec- (ii) by striking ‘‘a Federal Direct PLUS loan’’ In this subsection, the term ‘excepted PLUS
retary, including notification that— and inserting ‘‘an excepted PLUS loan or any loan’ means a Federal Direct PLUS loan or a
‘‘(aa) the borrower shall be responsible for Federal Direct Consolidation Loan that includes loan under section 428B that is made, insured,
providing the lender with the information nec- an excepted PLUS loan (as defined in sub- or guaranteed on behalf of a dependent stu-
essary for documentation of the borrower’s in- section (e)(10))’’; and dent.’’.
come, including income information for the bor- (B) in paragraph (5)(B), by striking ‘‘income (d) CONFORMING AMENDMENTS AND TECHNICAL
rower’s spouse (as applicable); and contingent’’ and inserting ‘‘income-based’’; and CORRECTIONS.—The Act (20 U.S.C. 1001 et seq.)
‘‘(bb) if the borrower considers that special (2) in subsection (e)— is further amended—
circumstances warrant an adjustment, as de- (A) in the subsection heading, by striking ‘‘IN- (1) in section 427(a)(2)(H) (20 U.S.C.
scribed in section 455(e)(8)(B), the borrower may COME CONTINGENT’’ and inserting ‘‘INCOME- 1077(a)(2)(H))—
contact the lender, and the lender shall deter- BASED’’; (A) by striking ‘‘or income-sensitive’’; and
mine whether such adjustment is appropriate, in (B) in paragraphs (1), (2), and (3), by striking
(B) by inserting ‘‘or income-based repayment
accordance with the criteria established by the ‘‘income contingent’’ each place the term ap-
schedule established pursuant to regulations by
Secretary; and’’; pears and inserting ‘‘income-based’’;
the Secretary’’ before the semicolon at the end;
(2) in subsection (e)— (C) in paragraph (4)—
(i) by striking ‘‘Income contingent’’ and in- and
(A) in the subsection heading, by striking ‘‘IN- (2) in section 455(d)(1)(C) (20 U.S.C.
COME-SENSITIVE’’ and inserting ‘‘INCOME- serting ‘‘Income-based’’; and
(ii) by striking ‘‘Secretary.’’ and inserting 1087e(d)(1)(C)), by striking ‘‘428(b)(9)(A)(v)’’
BASED’’; and inserting ‘‘428(b)(9)(A)(iv)’’.
(B) in paragraph (1)— ‘‘Secretary, except that the monthly required
(i) by striking ‘‘income-sensitive repayment’’ payment under such schedule shall not exceed (e) TRANSITION PROVISION.—A student who,
and inserting ‘‘income-based repayment’’; and 15 percent of the result obtained by calculating as of June 30, 2008, elects to repay a loan under
(ii) by inserting ‘‘and for the public service the amount by which— part B or part D of the Higher Education Act of
loan forgiveness program under section 455(m), ‘‘(A) the borrower’s adjusted gross income; ex- 1965 (20 U.S.C. 1071 et seq., 1087a et seq.)
in accordance with section 428C(b)(5)’’ before ceeds through an income-sensitive repayment plan
the semicolon; and ‘‘(B) 150 percent of the poverty line applicable under section 428(b)(9)(A)(iii) of such Act (20
to the borrower’s family size, as determined U.S.C. 1078(b)(9)(A)(iii)) or an income contin-
hmoore on PRODPC68 with HMSENATE
(C) in paragraphs (2) and (3), by striking ‘‘in-
come-sensitive’’ each place the term occurs and under section 673(2) of the Community Service gent repayment plan under section 455(d)(1)(D)
inserting ‘‘income-based’’; and Block Grant Act, divided by 12.’’; of such Act (20 U.S.C. 1087e(d)(1)(D)) (as each
(3) in subsection (m)— (D) in paragraph (5), by striking ‘‘income con- such section was in effect on the day before the
(A) in the subsection heading, by striking ‘‘IN- tingent’’ and inserting ‘‘income-based’’; date of enactment of this Act) shall have the op-
COME CONTINGENT’’ and inserting ‘‘INCOME- (E) by redesignating paragraph (6) as para- tion to continue repayment under such section
BASED’’; graph (8); (as such section was in effect on such day), or
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9663
may elect, beginning on July 1, 2008, to use the cy, or other instrumentality thereof (including TITLE IV—WILLIAM D. FORD FEDERAL
income-based repayment plan under section such entities that are eligible to issue bonds de- DIRECT LOAN PROGRAM
428(b)(9)(A)(iii) or 455(d)(1)(D) (as applicable) of scribed in section 1.103–1 of title 26, Code of Fed- SEC. 401. LOAN FORGIVENESS FOR PUBLIC SERV-
the Higher Education Act of 1965, as amended eral Regulations, or section 144(b) of the Inter- ICE EMPLOYEES.
by this section. nal Revenue Code of 1986); Section 455 (as amended by sections 201(c),
(f) EFFECTIVE DATE AND APPLICABILITY.—The ‘‘(B) an entity described in section 150(d)(2) of 202(b), and 203(c)) (20 U.S.C. 1087e) is further
amendments made by this section shall take ef- such Code that has not made the election de- amended by adding at the end the following:
fect on July 1, 2008, and shall only apply with scribed in section 150(d)(3) of such Code; ‘‘(m) REPAYMENT PLAN FOR PUBLIC SERVICE
respect to a borrower of a loan under title IV of ‘‘(C) an entity described in section 501(c)(3) of EMPLOYEES.—
the Higher Education Act of 1965 who obtained such Code; or ‘‘(1) IN GENERAL.—The Secretary shall cancel
the borrower’s first loan under such title prior ‘‘(D) a trustee acting as an eligible lender on the balance of interest and principal due, in ac-
to October 1, 2012. behalf of an entity described in subparagraph cordance with paragraph (2), on any eligible
TITLE III—FEDERAL FAMILY EDUCATION (A), (B), or (C), Federal Direct Loan not in default for an eligi-
LOAN PROGRAM except that no entity described in subparagraph ble borrower who—
SEC. 301. REDUCTION OF LENDER INSURANCE (A), (B), or (C) shall be owned or controlled in ‘‘(A) has made 120 monthly payments on the
PERCENTAGE. whole or in part by a for-profit entity. Federal Direct Loan after October 1, 2007, pur-
(a) AMENDMENT.—Section 428(b)(1)(G) (20 ‘‘(2) PROHIBITION.—In the case of a loan for suant to any combination of—
U.S.C. 1078(b)(1)(G)) is amended— which the special allowance payment is cal- ‘‘(i) payments under an income-based repay-
(1) in the matter preceding clause (i), by strik- culated under section 438(b)(2)(I)(vi)(II) and ment plan under section 455(d)(1)(D);
ing ‘‘insures 98 percent’’ and inserting ‘‘insures that is sold by the eligible not-for-profit holder ‘‘(ii) payments under a standard repayment
97 percent’’; holding the loan to a for-profit entity or to an plan under section 455(d)(1)(A); or
(2) in clause (i), by inserting ‘‘and’’ after the entity that is not an eligible not-for-profit hold- ‘‘(iii) monthly payments under a repayment
semicolon; er, the special allowance payment for such loan plan under section 455(d)(1) of not less than the
(3) by striking clause (ii); and shall, beginning on the date of the sale, no monthly amount calculated under section
(4) by redesignating clause (iii) as clause (ii). longer be calculated under section 455(d)(1)(A); and
(b) EFFECTIVE DATE.—The amendment made 438(b)(2)(I)(vi)(II) and shall be calculated under ‘‘(B)(i) is employed in a public service job at
by subsection (a) shall take effect with respect section 438(b)(2)(I)(vi)(I) instead. the time of such forgiveness; and
to loans made on or after October 1, 2007. ‘‘(ii) has been employed in a public service job
‘‘(3) REGULATIONS.—Not later than 1 year
SEC. 302. GUARANTY AGENCY COLLECTION RE- during the period in which the borrower makes
after the date of enactment of the Higher Edu-
TENTION. each of the 120 payments described in subpara-
cation Access Act of 2007, the Secretary shall
Clause (ii) of section 428(c)(6)(A) (20 U.S.C. graph (A).
promulgate regulations in accordance with the
1078(c)(6)(A)(ii)) is amended to read as follows: ‘‘(2) LOAN CANCELLATION AMOUNT.—After the
provisions of this subsection.’’. conclusion of the employment period described
‘‘(ii) an amount equal to 24 percent of such
(b) APPLICABILITY.—The amendment made by in paragraph (1), the Secretary shall cancel the
payments for use in accordance with section
subsection (a)(1) shall only apply with respect obligation to repay, for each year during such
422B, except that—
to any borrower of a loan under title IV of the period described in paragraph (1)(B)(ii) for
‘‘(I) beginning October 1, 2003 and ending
Higher Education Act of 1965 who obtained the which the eligible borrower submits documenta-
September 30, 2007, this subparagraph shall be
borrower’s first loan under such title prior to tion to the Secretary that the borrower’s annual
applied by substituting ‘23 percent’ for ‘24 per-
October 1, 2012. adjusted gross income or annual earnings were
‘‘(II) beginning October 1, 2007, this subpara- SEC. 305. SPECIAL ALLOWANCES. less than or equal to $65,000, 1⁄10 of the amount
graph shall be applied by substituting ‘16 per- (a) REDUCTION OF LENDER SPECIAL ALLOW- of the balance of principal and interest due as
cent’ for ‘24 percent’.’’. ANCE PAYMENTS.—Section 438(b)(2)(I) (20 U.S.C. of the time of such cancellation, on the eligible
SEC. 303. ELIMINATION OF EXCEPTIONAL PER- 1087–1(b)(2)(I)) is amended— Federal Direct Loans made to the borrower
FORMER STATUS FOR LENDERS. (1) in clause (i), by striking ‘‘(iii), and (iv)’’ under this part.
(a) ELIMINATION OF STATUS.—Part B of title and inserting ‘‘(iii), (iv), and (vi)’’; and ‘‘(3) DEFINITIONS.—In this subsection:
IV (20 U.S.C. 1071 et seq.) is amended by striking (2) by adding at the end the following: ‘‘(A) ELIGIBLE BORROWER.—The term ‘eligible
section 428I (20 U.S.C. 1078–9). ‘‘(vi) REDUCTION FOR LOANS DISBURSED ON OR borrower’ means a borrower who submits docu-
(b) CONFORMING AMENDMENTS.—Part B of AFTER OCTOBER 1, 2007.—With respect to a loan mentation to the Secretary that the borrower’s
title IV is further amended— on which the applicable interest rate is deter- annual adjusted gross income or annual earn-
(1) in section 428(c)(1) (20 U.S.C. 1078(c)(1))— mined under section 427A(l) and for which the ings is less than or equal to $65,000.
(A) by striking subparagraph (D); and first disbursement of principal is made on or ‘‘(B) ELIGIBLE FEDERAL DIRECT LOAN.—The
(B) by redesignating subparagraphs (E) after October 1, 2007, the special allowance pay- term ‘eligible Federal Direct Loan’ means a Fed-
through (H) as subparagraphs (D) through (G), ment computed pursuant to this subparagraph eral Direct Stafford Loan, Federal Direct PLUS
respectively; and shall be computed— Loan, Federal Direct Unsubsidized Loan, or a
(2) in section 438(b)(5) (20 U.S.C. 1087–1(b)(5)), ‘‘(I) for loans held by an eligible lender not Federal Direct Consolidation Loan if such con-
by striking the matter following subparagraph described in subclause (II)— solidation loan was obtained by the borrower
(B). ‘‘(aa) by substituting ‘1.24 percent’ for ‘1.74 under section 428C(b)(5) or in accordance with
(c) EFFECTIVE DATE.—The amendments made percent’ in clause (ii); section 428C(a)(3)(B)(i)(V).
by subsections (a) and (b) shall take effect on ‘‘(C) PUBLIC SERVICE JOB.—In this paragraph,
‘‘(bb) by substituting ‘1.84 percent’ for ‘2.34
October 1, 2007, except that section 428I of the the term ‘public service job’ means—
percent’ each place the term appears in this sub-
Higher Education Act of 1965 (as in effect on the ‘‘(i) a full-time job in public emergency man-
day before the date of enactment of this Act) agement, government, public safety, public law
‘‘(cc) by substituting ‘1.84 percent’ for ‘2.64
shall apply to eligible lenders that received a enforcement, public health, public education,
percent’ in clause (iii); and
designation under subsection (a) of such section public early childhood education, public child
‘‘(dd) by substituting ‘2.14 percent’ for ‘2.64
prior to October 1, 2007, for the remainder of the care, social work in a public child or family
percent’ in clause (iv); and
year for which the designation was made. service agency, public services for individuals
‘‘(II) for loans held by an eligible not-for-prof-
SEC. 304. DEFINITIONS. with disabilities, public services for the elderly,
(a) AMENDMENTS.—Section 435 (20 U.S.C. 1085) public interest legal services (including prosecu-
‘‘(aa) by substituting ‘1.99 percent’ for ‘2.34
is amended— tion or public defense), public library sciences,
percent’ each place the term appears in this sub-
(1) in subsection (o)(1)— public school library sciences, or other public
(A) in subparagraph (A)(ii), by striking ‘‘100 paragraph;
school-based services; or
percent of the poverty line for a family of 2’’ ‘‘(bb) by substituting ‘1.39 percent’ for ‘1.74 ‘‘(ii) teaching as a full-time faculty member at
and inserting ‘‘150 percent of the poverty line percent’ in clause (ii); a Tribal College or University as defined in sec-
applicable to the borrower’s family size’’; and ‘‘(cc) by substituting ‘1.99 percent’ for ‘2.64 tion 316(b).’’.
(B) in subparagraph (B)(ii), by striking ‘‘to a percent’ in clause (iii); and
SEC. 402. UNIT COST CALCULATION FOR GUAR-
family of two’’ and inserting ‘‘to the borrower’s ‘‘(dd) by substituting ‘2.29 percent’ for ‘2.64 ANTY AGENCY ACCOUNT MAINTE-
family size’’; and percent’ in clause (iv).’’. NANCE FEES.
(2) by adding at the end the following: (b) INCREASED LOAN FEES FROM LENDERS.— Section 458(b) (20 U.S.C. 1087h(b)) is amend-
‘‘(p) ELIGIBLE NOT-FOR-PROFIT HOLDER.— Paragraph (2) of section 438(d) (20 U.S.C. 1087– ed—
‘‘(1) DEFINITION OF ELIGIBLE NOT-FOR-PROFIT 1(d)(2)) is amended to read as follows: (1) by striking ‘‘Account’’ and inserting the
HOLDER.—The term ‘eligible not-for-profit hold- ‘‘(2) AMOUNT OF LOAN FEES.—The amount of following:
er’ means an eligible lender under subsection (d) the loan fee which shall be deducted under ‘‘(1) FOR FISCAL YEARS 2006 AND 2007.—For each
hmoore on PRODPC68 with HMSENATE
(except for an eligible lender described in sub- paragraph (1), but which may not be collected of the fiscal years 2006 and 2007, account’’; and
section (d)(1)(E)) that requests a special allow- from the borrower, shall be equal to 1.0 percent (2) by adding at the end the following:
ance payment under section 438(b)(2)(I)(vi)(II) of the principal amount of the loan with respect ‘‘(2) FOR FISCAL YEAR 2008 AND SUCCEEDING
and that is— to any loan under this part for which the first FISCAL YEARS.—
‘‘(A) a State of the United States, or a polit- disbursement was made on or after October 1, ‘‘(A) IN GENERAL.—For fiscal year 2008 and
ical subdivision thereof, or an authority, agen- 2007.’’. each succeeding fiscal year, the Secretary shall
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S9664 CONGRESSIONAL RECORD — SENATE July 20, 2007
calculate the account maintenance fees payable TITLE VI—NEED ANALYSIS ‘‘(bb) for academic year 2010–2011, $7,780;
to guaranty agencies under subsection (a)(3), on SEC. 601. SUPPORT FOR WORKING STUDENTS. ‘‘(cc) for academic year 2011–2012, $8,550; and
a per-loan cost basis in accordance with sub- (a) DEPENDENT STUDENTS.—Subparagraph (D) ‘‘(dd) for academic year 2012–2013, $9,330; and
paragraph (B). of section 475(g)(2) (20 U.S.C. 1087oo(g)(2)(D)) is
‘‘(B) AMOUNT DETERMINATION.—To determine ‘‘(II) for married students where 1 is enrolled
amended to read as follows: pursuant to subsection (a)(2)—
the amount that shall be paid under subsection ‘‘(D) an income protection allowance of the
(a)(3) per outstanding loan guaranteed by a ‘‘(aa) for academic year 2009–2010, $11,220;
following amount (or a successor amount pre-
guaranty agency for fiscal year 2008 and suc- scribed by the Secretary under section 478): ‘‘(bb) for academic year 2010–2011, $12,460;
ceeding fiscal years, the Secretary shall— ‘‘(i) for academic year 2009–2010, $3,750; ‘‘(cc) for academic year 2011–2012, $13,710; and
‘‘(i) establish the per-loan cost basis amount ‘‘(ii) for academic year 2010–2011, $4,500;
by dividing the total amount of account mainte- ‘‘(dd) for academic year 2012–2013, $14,960;’’.
‘‘(iii) for academic year 2011–2012, $5,250; and (c) INDEPENDENT STUDENTS WITH DEPENDENTS
nance fees paid under subsection (a)(3) for fiscal ‘‘(iv) for academic year 2012–2013, $6,000;’’.
year 2006 by the number of loans under part B OTHER THAN A SPOUSE.—Paragraph (4) of sec-
(b) INDEPENDENT STUDENTS WITHOUT DEPEND-
that were outstanding for that fiscal year; and tion 477(b) (20 U.S.C. 1087qq(b)(4)) is amended to
ENTS OTHER THAN A SPOUSE.—Clause (iv) of sec-
‘‘(ii) for subsequent fiscal years, adjust the read as follows:
tion 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)(iv))
amount determined under clause (i) as the Sec- is amended to read as follows: ‘‘(4) INCOME PROTECTION ALLOWANCE.—The
retary determines necessary to account for infla- ‘‘(iv) an income protection allowance of the income protection allowance is determined by
tion.’’. following amount (or a successor amount pre- the tables described in subparagraphs (A)
TITLE V—FEDERAL PERKINS LOANS scribed by the Secretary under section 478): through (D) (or a successor table prescribed by
SEC. 501. DISTRIBUTION OF LATE COLLECTIONS. ‘‘(I) for single or separated students, or mar- the Secretary under section 478).
Section 466(b) (20 U.S.C. 1087ff(b)) is amended ried students where both are enrolled pursuant ‘‘(A) ACADEMIC YEAR 2009–2010.—For academic
by striking ‘‘March 31, 2012’’ and inserting to subsection (a)(2)— year 2009–2010, the income protection allowance
‘‘September 30, 2012’’. ‘‘(aa) for academic year 2009–2010, $7,000; is determined by the following table:
‘‘Income Protection Allowance
Number in College
1 2 3 4 5
2 $17,720 $14,690
3 22,060 19,050 $16,020
4 27,250 24,220 21,210 $18,170
5 32,150 29,120 26,100 23,070 $20,060
6 37,600 34,570 31,570 28,520 25,520
NOTE: For each additional family member, add $4,240.
For each additional college student, subtract $3,020.
‘‘(B) ACADEMIC YEAR 2010–2011.—For academic year 2010–2011, the income protection allowance is determined by the following table:
‘‘Income Protection Allowance
Number in College
1 2 3 4 5
2 $19,690 $16,330
3 24,510 21,160 $17,800
4 30,280 26,910 23,560 $20,190
5 35,730 32,350 29,000 25,640 $22,290
6 41,780 38,410 35,080 31,690 28,350
NOTE: For each additional family member, add $4,710.
For each additional college student, subtract $3,350.
‘‘(C) ACADEMIC YEAR 2011–2012.—For academic year 2011–2012, the income protection allowance is determined by the following table:
‘‘Income Protection Allowance
Number in College
1 2 3 4 5
2 $21,660 $17,960
3 26,960 23,280 $19,580
4 33,300 29,600 25,920 $22,210
5 39,300 35,590 31,900 28,200 $24,520
6 45,950 42,250 38,580 34,860 31,190
NOTE: For each additional family member, add $5,180.
For each additional college student, subtract $3,690.
‘‘(D) ACADEMIC YEAR 2012–2013.—For academic year 2012–2013, the income protection allowance is determined by the following table:
‘‘Income Protection Allowance
Number in College
1 2 3 4 5
2 $23,630 $19,590
3 29,420 25,400 $21,360
4 36,330 32,300 28,280 $24,230
5 42,870 38,820 34,800 30,770 $26,750
6 50,130 46,100 42,090 38,030 34,020
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NOTE: For each additional family member, add $5,660.
For each additional college student, subtract $4,020.’’.
(d) UPDATED TABLES AND AMOUNTS.—Section (1) by striking paragraph (1) and inserting the ‘‘(A) IN GENERAL.—For each academic year
478(b) (20 U.S.C. 1087rr(b)) is amended— following: after academic year 2008–2009, the Secretary
‘‘(1) REVISED TABLES.— shall publish in the Federal Register a revised
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9665
table of income protection allowances for the (C) by striking subparagraph (B) (as redesig- TITLE VII—MISCELLANEOUS
purpose of such sections, subject to subpara- nated by subparagraph (A)) and inserting the SEC. 701. COMPETITIVE LOAN AUCTION PILOT
graphs (B) and (C). following: PROGRAM.
‘‘(B) TABLE FOR INDEPENDENT STUDENTS.— ‘‘(B) is an orphan, in foster care, or a ward of Title IV (20 U.S.C. 1070 et seq.) is further
‘‘(i) ACADEMIC YEARS 2009–2010 THROUGH 2012– the court, or was in foster care when the indi- amended by adding at the end the following:
2013.—For each of the academic years 2009–2010 vidual was 13 years of age or older or a ward of ‘‘PART I—COMPETITIVE LOAN AUCTION
through 2012–2013, the Secretary shall not de- the court until the individual reached the age of PILOT PROGRAM; STATE GRANT PROGRAM
velop a revised table of income protection allow- 18;
‘‘SEC. 499. COMPETITIVE LOAN AUCTION PILOT
ances under section 477(b)(4) and the table spec- ‘‘(C) is an emancipated minor or is in legal PROGRAM.
ified for such academic year under subpara- guardianship as determined by a court of com-
‘‘(a) DEFINITIONS.—In this section:
graphs (A) through (D) of such section shall petent jurisdiction in the individual’s State of ‘‘(1) ELIGIBLE FEDERAL PLUS LOAN.—The term
apply. legal residence;’’; ‘eligible Federal PLUS Loan’ means a loan de-
‘‘(ii) OTHER ACADEMIC YEARS.—For each aca- (D) in subparagraph (G) (as redesignated by
scribed in section 428B made to a parent of a de-
demic year after academic year 2012–2013, the subparagraph (A)), by striking ‘‘or’’ after the
Secretary shall develop the revised table of in- semicolon; ‘‘(2) ELIGIBLE LENDER.—The term ‘eligible
come protection allowances by increasing each (E) by inserting after subparagraph (G) (as re-
lender’ has the meaning given the term in sec-
of the dollar amounts contained in the table of designated by subparagraph (A)) the following:
income protection allowances under section ‘‘(H) has been verified as an unaccompanied
‘‘(b) PILOT PROGRAM.—The Secretary shall
477(b)(4)(D) by a percentage equal to the esti- youth who is a homeless child or youth (as such
carry out a pilot program under which the Sec-
mated percentage increase in the Consumer terms are defined in section 725 of the McKin-
retary establishes a mechanism for an auction of
Price Index (as determined by the Secretary) be- ney-Vento Homeless Assistance Act) during the
eligible Federal PLUS Loans in accordance with
tween December 2011 and the December next school year in which the application is sub-
this subsection. The pilot program shall meet the
preceding the beginning of such academic year, mitted, by—
and rounding the result to the nearest $10. ‘‘(i) a local educational agency homeless liai-
‘‘(1) PLANNING AND IMPLEMENTATION.—During
‘‘(C) TABLE FOR PARENTS.—For each academic son, designated pursuant to section
the period beginning on the date of enactment
year after academic year 2008–2009, the Sec- 722(g)(1)(J)(ii) of the McKinney-Vento Homeless
of this section and ending on June 30, 2009, the
retary shall develop the revised table of income Assistance Act;
Secretary shall plan and implement the pilot
protection allowances under section 475(c)(4) by ‘‘(ii) the director of a program funded under
program under this subsection.
increasing each of the dollar amounts contained the Runaway and Homeless Youth Act or a des-
‘‘(2) ORIGINATION AND DISBURSEMENT; APPLI-
in the table by a percentage equal to the esti- ignee of the director; or
CABILITY OF SECTION 428B.—Beginning on July 1,
‘‘(iii) the director of a program funded under
mated percentage increase in the Consumer 2009, the Secretary shall arrange for the origina-
subtitle B of title IV of the McKinney-Vento
Price Index (as determined by the Secretary) be- tion and disbursement of all eligible Federal
Homeless Assistance Act (relating to emergency
tween December 1992 and the December next PLUS Loans in accordance with the provisions
shelter grants) or a designee of the director; or’’;
preceding the beginning of such academic year, of this subsection and the provisions of section
and rounding the result to the nearest $10.’’; (F) by adding at the end the following: 428B that are not inconsistent with this sub-
and ‘‘(2) SIMPLIFYING THE DEPENDENCY OVERRIDE section.
(2) in paragraph (2), by striking ‘‘shall be de- PROCESS.—A financial aid administrator may
‘‘(3) LOAN ORIGINATION MECHANISM.—The Sec-
veloped’’ and all that follows through the period make a determination of independence under retary shall establish a loan origination auction
at the end and inserting ‘‘shall be developed for paragraph (1)(I) based upon a documented de- mechanism that meets the following require-
each academic year after academic year 2012– termination of independence that was pre- ments:
2013, by increasing each of the dollar amounts ‘‘(A) AUCTION.—The Secretary administers an
viously made by another financial aid adminis-
contained in such section for academic year auction under this paragraph for each State
trator under such paragraph in the same award
2012–2013 by a percentage equal to the estimated under which eligible lenders compete to origi-
percentage increase in the Consumer Price Index (3) in subsection (e)— nate eligible Federal PLUS Loans under this
(as determined by the Secretary) between De- (A) in paragraph (3), by striking ‘‘and’’ after paragraph at all institutions of higher edu-
cember 2011 and the December next preceding the semicolon; cation within the State.
the beginning of such academic year, and (B) in paragraph (4), by striking the period at ‘‘(B) PREQUALIFICATION PROCESS.—The Sec-
rounding the result to the nearest $10.’’. the end and inserting ‘‘; and’’; and retary establishes a prequalification process for
(e) EFFECTIVE DATE.—The amendments made (C) by adding at the end the following: eligible lenders desiring to participate in an auc-
by this section shall take effect on July 1, 2009. ‘‘(5) special combat pay.’’; tion under this paragraph that contains, at a
SEC. 602. AUTOMATIC ZERO IMPROVEMENTS. (4) in subsection (f), by striking paragraph (3) minimum—
and inserting the following: ‘‘(i) a set of borrower benefits and servicing
(a) IN GENERAL.—Section 479(c) (20 U.S.C.
‘‘(3) A qualified education benefit shall be requirements each eligible lender shall meet in
1087ss(c)) is amended—
(1) in paragraph (1)(B), by striking ‘‘20,000’’ considered an asset of— order to participate in such an auction; and
‘‘(A) the student if the student is an inde- ‘‘(ii) an assessment of each such eligible lend-
and inserting ‘‘$30,000’’; and
pendent student; or er’s capacity, including capital capacity, to par-
(2) in paragraph (2)(B), by striking ‘‘$20,000’’
‘‘(B) the parent if the student is a dependent ticipate effectively.
and inserting ‘‘$30,000’’. ‘‘(C) TIMING AND ORIGINATION.—Each State
(b) EFFECTIVE DATE.—The amendments made student, regardless of whether the owner of the
account is the student or the parent.’’; auction takes place every 2 years, and the eligi-
by this section shall take effect on July 1, 2009.
(5) in subsection (j)— ble lenders with the winning bids for the State
SEC. 603. DISCRETION OF STUDENT FINANCIAL (A) in paragraph (2), by inserting ‘‘, or a dis- are the only eligible lenders permitted to origi-
tribution that is not includable in gross income nate eligible Federal PLUS Loans made under
The third sentence of section 479A(a) (20 under section 529 of such Code, under another this paragraph for the cohort of students at the
U.S.C. 1087tt(a)) is amended— prepaid tuition plan offered by a State, or under institutions of higher education within the State
(1) by inserting ‘‘or an independent student’’ a Coverdell education savings account under until the students graduate from or leave the in-
after ‘‘family member’’; and section 530 of such Code,’’ after ‘‘1986’’; and stitutions of higher education.
(2) by inserting ‘‘a change in housing status (B) by adding at the end the following: ‘‘(D) BIDS.—Each eligible lender’s bid consists
that results in homelessness (as defined in sec- ‘‘(4) Notwithstanding paragraph (1), special of the amount of the special allowance payment
tion 103 of the McKinney-Vento Homeless As- combat pay shall not be treated as estimated fi- (including the recapture of excess interest) the
sistance Act),’’ after ‘‘under section 487,’’. nancial assistance for purposes of section eligible lender proposes to accept from the Sec-
SEC. 604. DEFINITIONS. 471(3).’’; and retary with respect to the eligible Federal PLUS
(a) IN GENERAL.—Section 480 (20 U.S.C. (6) by adding at the end the following: Loans made under this paragraph in lieu of the
1087vv) is amended— ‘‘(n) SPECIAL COMBAT PAY.—The term ‘special amount determined under section 438(b)(2)(I).
(1) in subsection (a)(2)— combat pay’ means pay received by a member of ‘‘(E) MAXIMUM BID.—The maximum bid allow-
(A) by striking ‘‘and no portion’’ and insert- the Armed Forces because of exposure to a haz- able under this paragraph shall not exceed the
ing ‘‘no portion’’; and ardous situation.’’. amount of the special allowance payable on eli-
(B) by inserting ‘‘and no distribution from SEC. 605. AUTHORIZATION AND APPROPRIA- gible Federal PLUS Loans made under this
any qualified education benefit described in TIONS. paragraph computed under section 438(b)(2)(I)
subsection (f)(3) that is not subject to Federal There are authorized to be appropriated, and (other than clauses (ii), (iii), (iv), and (vi) of
income tax,’’ after ‘‘1986,’’; there are appropriated, out of any money in the such section), except that for purposes of the
(2) in subsection (d)— Treasury not otherwise appropriated, $10,000,000 computation under this subparagraph, section
(A) by redesignating paragraphs (1), (2), (3) for fiscal year 2008 for the Department of Edu- 438(b)(2)(I)(i)(III) shall be applied by sub-
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through (6), and (7) as subparagraphs (A), (B), cation to pay the estimated increase in costs in stituting ‘1.74 percent’ for ‘2.34 percent’.
(D) through (G), and (I), respectively, and in- the Federal Pell Grant program under section ‘‘(F) WINNING BIDS.—The winning bids for
denting appropriately; 401 of the Higher Education Act of 1965 (20 each State auction shall be the 2 bids containing
(B) by striking ‘‘INDEPENDENT STUDENT.—The U.S.C. 1070a) resulting from the amendments the lowest and the second lowest proposed spe-
term’’ and inserting ‘‘INDEPENDENT STUDENT.— made by sections 603 and 604 for award year cial allowance payments, subject to subpara-
‘‘(1) DEFINITION.—The term’’; 2007–2008. graph (E).
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S9666 CONGRESSIONAL RECORD — SENATE July 20, 2007
‘‘(G) AGREEMENT WITH SECRETARY.—Each eli- or a loan made on behalf of a dependent student ‘‘(D) TEMPORARY INELIGIBILITY FOR SUBSE-
gible lender having a winning bid under sub- under section 428B and seeks to consolidate QUENT PAYMENTS.—
paragraph (F) enters into an agreement with such loan with an eligible Federal PLUS Loan ‘‘(i) IN GENERAL.—The Secretary shall deter-
the Secretary under which the eligible lender— made under this paragraph, then the eligible mine a State to be temporarily ineligible to re-
‘‘(i) agrees to originate eligible Federal PLUS lender that originated the borrower’s loan under ceive a grant payment under this subsection for
Loans under this paragraph to each borrower this paragraph may include in the consolidation a fiscal year if—
who— under this subparagraph a Federal Direct PLUS ‘‘(I) the State fails to submit an annual report
‘‘(I) seeks an eligible Federal PLUS Loan Loan or a loan made on behalf of a dependent pursuant to paragraph (9) for the preceding fis-
under this paragraph to enable a dependent stu- student under section 428B, but only if— cal year; or
dent to attend an institution of higher edu- ‘‘(I) in the case of a Federal Direct PLUS ‘‘(II) the Secretary determines, based on infor-
cation within the State; Loan, the eligible lender agrees, not later than mation in such annual report, that the State is
‘‘(II) is eligible for an eligible Federal PLUS 10 days after the borrower requests such consoli- not effectively meeting the conditions described
Loan; and dation from the lender, to match the consolida- under paragraph (8) and the goals of the appli-
‘‘(III) elects to borrow from the eligible lender; tion terms and conditions that would otherwise cation under paragraph (5).
and be available to the borrower if the borrower con- ‘‘(ii) REINSTATEMENT.—If the Secretary deter-
‘‘(ii) agrees to accept a special allowance pay- solidated such loans in the loan program under mines a State is ineligible under clause (i), the
ment (including the recapture of excess interest) part D; or Secretary may enter into an agreement with the
from the Secretary with respect to the eligible ‘‘(II) in the case of a loan made on behalf of State setting forth the terms and conditions
Federal PLUS Loans originated under clause (i) a dependent student under section 428B, the eli- under which the State may regain eligibility to
in the amount proposed in the second lowest gible lender agrees, not later than 10 days after receive payments under this subsection.
winning bid described in subparagraph (F) for the borrower requests such consolidation from ‘‘(4) DETERMINATION OF ALLOTMENT.—
the applicable State auction. the lender, to match the consolidation terms and ‘‘(A) AMOUNT OF ALLOTMENT.—Subject to sub-
‘‘(H) SEALED BIDS; CONFIDENTIALITY.—All bids conditions offered by an eligible lender other paragraph (B), in making grant payments to
are sealed and the Secretary keeps the bids con- than the eligible lender that originated the bor- States under this subsection, the allotment to
fidential, including following the announcement rower’s loans under this paragraph. each State for a fiscal year shall be equal to the
of the winning bids. ‘‘(v) SPECIAL ALLOWANCE ON CONSOLIDATION sum of—
‘‘(I) ELIGIBLE LENDER OF LAST RESORT.— LOANS THAT INCLUDE LOANS MADE UNDER THIS ‘‘(i) the amount that bears the same relation
‘‘(i) IN GENERAL.—In the event that there is no PARAGRAPH.—The applicable special allowance to 50 percent of the amount appropriated under
winning bid under subparagraph (F), the stu- payment for loans consolidated under this para- paragraph (2) for such fiscal year as the number
dents at the institutions of higher education graph shall be equal to the lesser of— of residents in the State aged 5 through 17 who
within the State that was the subject of the auc- ‘‘(I) the weighted average of the special allow- are living below the poverty line applicable to
tion shall be served by an eligible lender of last ance payment on such loans, except that such the resident’s family size (as determined under
resort, as determined by the Secretary. weighted average shall exclude the special al- section 673(2) of the Community Service Block
‘‘(ii) DETERMINATION OF ELIGIBLE LENDER OF lowance payment for any Federal Direct PLUS Grant Act) bears to the total number of such
LAST RESORT.—Prior to the start of any auction Loan included in the consolidation; or residents in all States; and
under this paragraph, eligible lenders that de- ‘‘(II) the result of— ‘‘(ii) the amount that bears the same relation
sire to serve as an eligible lender of last resort ‘‘(aa) the average of the bond equivalent rates to 50 percent of the amount appropriated under
shall submit an application to the Secretary at of the quotes of the 3-month commercial paper paragraph (2) for such fiscal year as the number
such time and in such manner as the Secretary (financial) rates in effect for each of the days in of residents in the State aged 15 through 44 who
may determine. Such application shall include such quarter as reported by the Federal Reserve are living below the poverty line applicable to
an assurance that the eligible lender will meet in Publication H–15 (or its successor) for such 3- the individual’s family size (as determined
the prequalification requirements described in month period; plus under section 673(2) of the Community Service
subparagraph (B). ‘‘(bb) 1.59 percent. Block Grant Act) bears to the total number of
‘‘(iii) GEOGRAPHIC LOCATION.—The Secretary ‘‘(vi) INTEREST PAYMENT REBATE FEE.—Any such residents in all States.
shall identify an eligible lender of last resort for loan under section 428C consolidated under this ‘‘(B) MINIMUM AMOUNT.—No State shall re-
each State. paragraph shall not be subject to the interest ceive an allotment under this subsection for a
‘‘(iv) NOTIFICATION TIMING.—The Secretary payment rebate fee under section 428C(f). fiscal year in an amount that is less than 1⁄2 of
shall not identify any eligible lender of last re- ‘‘(c) COLLEGE ACCESS PARTNERSHIP GRANT 1 percent of the total amount appropriated
sort until after the announcement of all the PROGRAM.— under paragraph (2) for such fiscal year.
winning bids for a State auction for any year. ‘‘(1) PURPOSE.—It is the purpose of this sub- ‘‘(5) SUBMISSION AND CONTENTS OF APPLICA-
‘‘(J) GUARANTEE AGAINST LOSSES.—The Sec- section to make payments to States to assist the TION.—
retary guarantees the eligible Federal PLUS States in carrying out the activities and services ‘‘(A) IN GENERAL.—For each fiscal year for
Loans made under this paragraph against losses described in paragraph (7) in order to increase which a State desires a grant payment under
resulting from the default of a parent borrower access to higher education for students in the paragraph (3), the State agency with jurisdic-
in an amount equal to 99 percent of the unpaid State. tion over higher education, or another agency
principal and interest due on the loan. ‘‘(2) AUTHORIZATION AND APPROPRIATIONS.— designated by the Governor of the State to ad-
‘‘(K) LOAN FEES.—The Secretary shall not col- There are authorized to be appropriated, and minister the program under this subsection,
lect a loan fee under section 438(d) with respect there are appropriated, $113,000,000 for each of shall submit an application to the Secretary at
to an eligible Federal Plus Loan originated the fiscal years 2008 and 2009 to carry out this such time, in such manner, and containing the
under this paragraph. subsection. information described in subparagraph (B).
‘‘(L) CONSOLIDATION.— ‘‘(3) PROGRAM AUTHORIZED.— ‘‘(B) APPLICATION.—An application submitted
‘‘(i) IN GENERAL.—An eligible lender who is ‘‘(A) GRANTS AUTHORIZED.—From amounts under subparagraph (A) shall include the fol-
permitted to originate eligible Federal PLUS appropriated under paragraph (2), the Secretary lowing:
Loans for a borrower under this paragraph shall award grants, from allotments under para- ‘‘(i) A description of the State’s capacity to
shall have the option to consolidate such loans graph (4), to States having applications ap- administer the grant under this subsection and
into 1 loan. proved under paragraph (5), to enable the State report annually to the Secretary on the activi-
‘‘(ii) NOTIFICATION.—In the event a borrower to pay the Federal share of the costs of carrying ties and services described in paragraph (7).
with eligible Federal PLUS Loans made under out the activities and services described in para- ‘‘(ii) A description of the State’s plan for
this paragraph wishes to consolidate the loans, graph (7). using the grant funds to meet the requirements
the borrower shall notify the eligible lender who ‘‘(B) FEDERAL SHARE; NON-FEDERAL SHARE.— of paragraphs (7) and (8), including plans for
originated the loans under this paragraph. ‘‘(i) FEDERAL SHARE.—The amount of the Fed- how the State will make special efforts to pro-
‘‘(iii) LIMITATION ON ELIGIBLE LENDER OPTION eral share under this subsection for a fiscal year vide such benefits to students in the State that
TO CONSOLIDATE.—The option described in shall be equal to 2⁄3 of the costs of the activities are underrepresented in postsecondary edu-
clause (i) shall not apply if— and services described in paragraph (7). cation.
‘‘(I) the borrower includes in the notification ‘‘(ii) NON-FEDERAL SHARE.—The amount of the ‘‘(iii) A description of how the State will pro-
in clause (ii) verification of consolidation terms non-Federal share under this subsection shall be vide or coordinate the non-Federal share from
and conditions offered by an eligible lender equal to 1⁄3 of the costs of the activities and serv- State and private funds, if applicable.
other than the eligible lender described in clause ices described in paragraph (7). The non-Fed- ‘‘(iv) A description of the existing structure
(i); and eral share may be in cash or in-kind, and may that the State has in place to administer the ac-
‘‘(II) not later than 10 days after receiving be provided from a combination of State re- tivities and services under paragraph (7) or the
such notification from the borrower, the eligible sources and contributions from private organi- plan to develop such administrative capacity.
lender described in clause (i) does not agree to zations in the State. ‘‘(6) PAYMENT TO ELIGIBLE NONPROFIT ORGANI-
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match such terms and conditions, or provide ‘‘(C) REDUCTION FOR FAILURE TO PAY NON- ZATIONS.—A State receiving a payment under
more favorable terms and conditions to such FEDERAL SHARE.—If a State fails to provide the this subsection may elect to make a payment to
borrower than the offered terms and conditions full non-Federal share required under this para- 1 or more eligible nonprofit organizations, in-
described in subclause (I). graph, the Secretary shall reduce the amount of cluding an eligible not-for-profit holder (as de-
‘‘(iv) CONSOLIDATION OF ADDITIONAL LOANS.— the grant payment under this subsection propor- fined in section 438(p)), or a partnership of such
If a borrower has a Federal Direct PLUS Loan tionately. organizations, in the State in order to carry out
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July 20, 2007 CONGRESSIONAL RECORD — SENATE S9667
activities or services described in paragraph (7), ‘‘(II) the type of student loan the student re- providing instruction to students on topics such
if the eligible nonprofit organization or partner- ceives; as the understanding of loan terms and condi-
ship— ‘‘(III) the servicer of such loan; or tions, the calculation of interest rates, refi-
‘‘(A) was in existence on the day before the ‘‘(IV) the student’s academic performance; nancing of debt, debt management, and future
date of enactment of the Higher Education Ac- ‘‘(iii) not charge any student or parent a fee savings for education, health care and long-
cess Act of 2007; and or additional charge to participate in the activi- term care, and retirement.
‘‘(B) as of the day of such payment, is partici- ties or services; and ‘‘(3) GRANT PERIOD; RENEWABILITY.—Each
pating in activities and services related to in- ‘‘(iv) in the case of an activity providing grant grant under this subsection shall be awarded for
creasing access to higher education, such as aid, not require a student to meet any condition one 5-year period, and may not be renewed.
those activities and services described in para- other than eligibility for Federal financial as- ‘‘(4) MATCHING REQUIREMENTS.—Each eligible
graph (7). sistance under this title, except as provided for entity that receives a grant under this sub-
‘‘(7) ALLOWABLE USES.— in the loan cancellation or repayment or interest section shall provide, from non-Federal sources,
‘‘(A) IN GENERAL.—Subject to subparagraph rate reductions described in paragraph an amount (which may be provided in cash or in
(C), a State may use a grant payment under this (7)(A)(vii). kind) to carry out the activities supported by
subsection only for the following activities and ‘‘(B) PRIORITY.—A State receiving a grant the grant equal to 100 percent of the amount re-
services, pursuant to the conditions under para- payment under this subsection shall, in carrying ceived under the grant.
graph (8): out any activity or service described in para- ‘‘(5) APPLICATIONS.—An eligible entity desir-
‘‘(i) Information for students and families re- graph (7)(A) with the grant funds, prioritize ing a grant under this subsection shall submit
garding— students and families who are living below the an application to the Secretary at such time, in
‘‘(I) the benefits of a postsecondary education; poverty line applicable to the individual’s fam- such manner, and containing such information
‘‘(II) postsecondary education opportunities; ily size (as determined under section 673(2) of as the Secretary may reasonably require. Such
‘‘(III) planning for postsecondary education; the Community Service Block Grant Act). application shall include the following:
and ‘‘(C) DISCLOSURES.— ‘‘(A) A detailed description of the eligible enti-
‘‘(IV) career preparation. ‘‘(i) ORGANIZATIONAL DISCLOSURES.—In the ty’s plans for providing financial literacy activi-
‘‘(ii) Information on financing options for case of a State that has chosen to make a pay- ties and the students and schools the grant will
postsecondary education and activities that pro- ment to an eligible not-for-profit holder in the target.
‘‘(B) The eligible entity’s plan for using the
mote financial literacy and debt management State in accordance with paragraph (6), the
matching grant funds, including how the funds
among students and families. holder shall clearly and prominently indicate
will be used to provide financial literacy pro-
‘‘(iii) Outreach activities for students who the name of the holder and the nature of its
grams to students.
may be at risk of not enrolling in or completing work in connection with any of the activities ‘‘(C) A plan to ensure the viability of the work
postsecondary education. carried out, or any information or services pro- of the eligible entity beyond the grant period.
‘‘(iv) Assistance in completion of the Free Ap- vided, with such funds. ‘‘(D) A detailed description of the activities
plication for Federal Student Aid or other com- ‘‘(ii) INFORMATIONAL DISCLOSURES.—Any in- that carry out this subsection and that are con-
mon financial reporting form under section formation about financing options for higher ducted by the eligible entity at the time of the
483(a). education provided through an activity or serv- application, and how the matching grant funds
‘‘(v) Need-based grant aid for students. ice funded under this subsection shall— will assist the eligible entity with expanding
‘‘(vi) Professional development for guidance ‘‘(I) include information to students and the and enhancing such activities.
counselors at middle schools and secondary students’ parents of the availability of Federal, ‘‘(E) A description of the strategies that will
schools, and financial aid administrators and State, local, institutional, and other grants and be used to target activities under the grant to
college admissions counselors at institutions of loans for postsecondary education; and students in secondary school and enrolled in in-
higher education, to improve such individuals’ ‘‘(II) present information on financial assist- stitutions of higher education who are histori-
capacity to assist students and parents with— ance for postsecondary education that is not cally underrepresented in institutions of higher
‘‘(I) understanding— provided under this title in a manner that is education and who may benefit from the activi-
‘‘(aa) entrance requirements for admission to clearly distinct from information on student fi- ties of the eligible entity.
institutions of higher education; and nancial assistance under this title. ‘‘(6) AUTHORIZATION AND APPROPRIATIONS.—
‘‘(bb) State eligibility requirements for Aca- ‘‘(D) COORDINATION.—A State receiving a There are authorized to be appropriated, and
demic Competitiveness Grants or National grant payment under this subsection shall at- there are appropriated, $10,000,000 for each of
SMART Grants under section 401A, and other tempt to coordinate the activities carried out the fiscal years 2008 and 2009 to carry out this
financial assistance that is dependent upon a with the payment with any existing activities subsection.
student’s coursework; that are similar to such activities, and with any ‘‘(e) SECONDARY SCHOOL GRADUATION AND
‘‘(II) applying to institutions of higher edu- other entities that support the existing activities COLLEGE ENROLLMENT PROGRAM.—
cation; in the State. ‘‘(1) DEFINITIONS.—In this subsection:
‘‘(III) applying for Federal student financial ‘‘(9) REPORT.—A State receiving a payment ‘‘(A) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—
assistance and other State, local, and private under this subsection shall prepare and submit ‘‘(i) IN GENERAL.—The term ‘eligible local edu-
student financial assistance and scholarships; an annual report to the Secretary on the pro- cational agency’ means a local educational
‘‘(IV) activities that increase students’ ability gram under this subsection and on the imple- agency with a secondary school graduation rate
to successfully complete the coursework required mentation of the activities and services de- of 70 percent or less—
for a postsecondary degree, including activities scribed in paragraph (7). The report shall in- ‘‘(I) in the aggregate; or
such as tutoring or mentoring; and clude— ‘‘(II) applicable to 2 or more subgroups of sec-
‘‘(V) activities to improve secondary school ‘‘(A) each activity or service that was pro- ondary school students served by the local edu-
students’ preparedness for postsecondary en- vided to students and families over the course of cational agency that are described in clause (ii).
trance examinations. the year; ‘‘(ii) SUBGROUPS.—A subgroup referred to in
‘‘(vii) Student loan cancellation or repayment ‘‘(B) the cost of providing each activity or clause (i)(II) is—
(as applicable), or interest rate reductions, for service; ‘‘(I) a subgroup of economically disadvan-
borrowers who are employed in a high-need geo- ‘‘(C) the number, and percentage, if feasible taged students; or
‘‘(II) a subgroup of students from a major ra-
graphical area or a high-need profession in the and applicable, of students who received each
cial or ethnic group.
State, as determined by the State. activity or service; and ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible en-
‘‘(B) PROHIBITED USES.—Funds made avail- ‘‘(D) the total contributions from private orga-
tity’ means a consortium of a nonprofit organi-
able under this subsection shall not be used to nizations included in the State’s non-Federal
zation and an institution of higher education
promote any lender’s loans. share for the fiscal year.
with a demonstrated record of effectiveness in
‘‘(C) USE OF FUNDS FOR ADMINISTRATIVE PUR- ‘‘(10) SUNSET.—The authority provided to
raising secondary school graduation rates and
POSES.—A State may use not more than 2 per- carry out this subsection shall expire on Sep-
postsecondary enrollment rates.
cent of the total amount of the Federal share tember 30, 2009. ‘‘(2) PROGRAM ESTABLISHED.—From amounts
and non-Federal share provided under this sub- ‘‘(d) FINANCIAL LITERACY PROGRAM ESTAB- appropriated under paragraph (7), the Secretary
section for administrative purposes relating to LISHED.—
shall award grants to eligible entities to enable
the grant under this subsection. ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this
the eligible entities to carry out activities that—
‘‘(8) SPECIAL CONDITIONS.— subsection, the term ‘eligible entity’ means a ‘‘(A) create models of excellence for academi-
‘‘(A) AVAILABILITY TO STUDENTS AND FAMI- nonprofit or for-profit organization, or a consor- cally rigorous secondary schools, including
LIES.—A State receiving a grant payment under tium of such organizations, with a demonstrated early college secondary schools;
this subsection shall— record of effectiveness in providing financial lit- ‘‘(B) increase secondary school graduation
‘‘(i) make the activities and services described eracy services to students at the secondary and rates;
in clauses (i) through (vi) of paragraph (7)(A) postsecondary level.
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‘‘(C) raise the rate of students who enroll in
that are funded under the payment available to ‘‘(2) PROGRAM ESTABLISHED.—From amounts an institution of higher education;
all qualifying students and families in the State; appropriated under paragraph (6), the Secretary ‘‘(D) improve instruction and access to sup-
‘‘(ii) allow students and families to participate shall award grants to eligible entities to enable ports for struggling secondary school students;
in the activities and services without regard to— the eligible entities to increase the financial lit- ‘‘(E) create, implement, and utilize early
‘‘(I) the postsecondary institution in which eracy of students who are enrolled or will enroll warning systems to help identify students at
the student enrolls; in an institution of higher education, including risk of dropping out of secondary school; and
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S9668 CONGRESSIONAL RECORD — SENATE July 20, 2007
‘‘(F) improve communication between parents, death on a woman while she carries a child in (b) SENSE OF SENATE.—It is the sense of the
students, and schools concerning requirements utero. Senate that detainees housed at Guantanamo
for secondary school graduation, postsecondary (b) DEFINITION.—In this section, the term Bay, Cuba, including senior members of al
education enrollment, and financial assistance ‘‘child in utero’’ means a member of the species Qaeda, should not be released into American so-
available for attending postsecondary edu- homo sapiens, at any stage of development, who ciety, nor should they be transferred stateside
cation. is carried in the womb. into facilities in American communities and
‘‘(3) USE OF FUNDS.—An eligible entity that re- TITLE VIII—OTHER MATTERS neighborhoods.
ceives a grant under this subsection shall use
SEC. 801. SENSE OF SENATE ON THE DETAINEES f
AT GUANTANAMO BAY, CUBA.
‘‘(A) to implement a college-preparatory cur- (a) FINDINGS.—The Senate makes the fol-
riculum for all students in a secondary school
NOTICE: REGISTRATION OF MASS
lowing findings: MAILINGS
served by the eligible local educational agency (1) During the War on Terror, senior members
that is, at a minimum, aligned with a rigorous of al Qaeda have been captured by the United The filing date for 2007 second quar-
secondary school program of study; States military and intelligence personnel and ter Mass Mailings is Wednesday, July
‘‘(B) to implement accelerated academic catch- their allies. 25, 2007. If your office did no mass mail-
up programs, for students who enter secondary (2) Many such senior members of al Qaeda
school not meeting the proficient levels of stu-
ings during this period, please submit a
have since been transferred to the detention fa- form that states ‘‘none.’’
dent academic achievement on the State aca- cility at Guantanamo Bay, Cuba.
demic assessments for mathematics, reading or Mass mailing registrations, or nega-
(3) These senior al Qaeda members detained at
language arts, or science under section Guantanamo Bay include Khalid Sheikh Mo- tive reports, should be submitted to
1111(b)(3) of the Elementary and Secondary hammed, who was the mastermind behind the the Senate Office of Public Records, 232
Education Act of 1965, that enable such stu- terrorist attacks of September 11, 2001, which Hart Building, Washington, DC 20510–
dents to meet the proficient levels of achieve- killed approximately 3,000 innocent people. 7116.
ment and remain on track to graduate from sec- (4) These senior al Qaeda members detained at The Public Records office will be
ondary school on time with a regular secondary Guantanamo Bay also include Majid Khan,
open from 9 a.m. to 5:30 p.m. on the fil-
who was tasked to develop plans to poison ing date to accept these filings. For
‘‘(C) to implement an early warning system to water reservoirs inside the United States, was
quickly identify students at risk of dropping out responsible for conducting a study on the feasi-
further information, please contact the
of secondary school, including systems that bility of a potential gas station bombing cam- Public Records office on (202) 224–0322.
track student absenteeism; and paign inside the United States, and was integral
‘‘(D) to implement a comprehensive postsec- f
in recommending Iyman Farris, who plotted to
ondary education guidance program that— destroy the Brooklyn Bridge, to be an operative ORDERS FOR MONDAY, JULY 23,
‘‘(i) will ensure that all students are regularly for al Qaeda inside the United States.
notified throughout the students’ time in sec- 2007
(5) These senior al Qaeda members detained at
ondary school of secondary school graduation Guantanamo Bay also include Abd al-Rahim al- Mr. REID. Mr. President, I ask unan-
requirements and postsecondary education en- Nashiri, who was an al Qaeda operations chief imous consent that when the Senate
trance requirements; and for the Arabian Peninsula and who, at the re- completes its business today, it stand
‘‘(ii) provides guidance and assistance to stu- quest of Osama bin Laden, orchestrated the at- adjourned until 10 a.m., Monday, July
dents in applying to an institution of higher tack on the U.S.S. Cole, which killed 17 United
education and in applying for Federal financial 23; that on Monday, following the pray-
States sailors. er and pledge, the Journal of pro-
assistance and other State, local, and private fi- (6) These senior al Qaeda members detained at
nancial assistance and scholarships. Guantanamo Bay also include Ahmed Khalfan
ceedings be approved to date, the
‘‘(4) GRANT PERIOD; RENEWABILITY.—Each Ghailani, who played a major role in the East morning hour be deemed expired, and
grant under this subsection shall be awarded for African Embassy Bombings, which killed more the time for the two leaders reserved
one 5-year period, and may not be renewed. than 250 people. for their use later in the day; that the
‘‘(5) MATCHING REQUIREMENTS.—Each eligible (7) The Department of Defense has estimated Senate then proceed to the consider-
entity that receives a grant under this sub- that of the approximately 415 detainees who ation of S. 1642, with the other provi-
section shall provide, from non-Federal sources, have been released or transferred from the de-
an amount (which may be provided in cash or sions of the previous order remaining
tention facility at Guantanamo Bay, at least 29
in-kind) to carry out the activities supported by in effect.
have subsequently taken up arms against the
the grant equal to 100 percent of the amount re- United States and its allies. The ACTING PRESIDENT pro tem-
ceived under the grant. (8) Osama bin Laden, the leader of al Qaeda, pore. Without objection, it is so or-
‘‘(6) APPLICATIONS.—An eligible entity desir- said in his 1998 fatwa against the United States, dered.
ing a grant under this subsection shall submit that ‘‘[t]he ruling to kill the Americans and
an application to the Secretary at such time, in f
their allies—civilians and military—is an indi-
such manner, and containing such information vidual duty for every Muslim who can do it in
as the Secretary may reasonably require. ADJOURNMENT UNTIL MONDAY,
any country in which it is possible to do it’’.
‘‘(7) AUTHORIZATION AND APPROPRIATIONS.— JULY 23, 2007, AT 10 A.M.
(9) In the same fatwa, bin Laden said, ‘‘[w]e—
There are authorized to be appropriated, and with God’s help—call on every Muslim who be- Mr. REID. Mr. President, I believe
there are appropriated, $25,000,000 for each of lieves in God and wishes to be rewarded to com- there is no business now to come before
the fiscal years 2008 and 2009 to carry out this ply with God’s order to kill the Americans and the Senate. That being the case, I ask
subsection.’’. plunder their money wherever and whenever unanimous consent that the Senate
SEC. 702. INNOCENT CHILD PROTECTION. they find it’’.
(a) IN GENERAL.—It shall be unlawful for any
stand adjourned under the previous
(10) It is safer for American citizens if cap-
authority, military or civil, of the United States, tured members of al Qaeda and other terrorist order.
a State, or any district, possession, common- organizations are not housed on American soil There being no objection, the Senate,
wealth or other territory under the authority of where they could more easily carry out their at 12:03 p.m., adjourned until Monday,
the United States, to carry out a sentence of mission to kill innocent civilians. July 23, 2007, at 10 a.m.
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July 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1575
EXTENSIONS OF REMARKS
BLUE CROSS BLUE SHIELD OF women’s rights convention in Seneca Falls, ficult as a consequence of public misinforma-
SOUTH CAROLINA CONTRIBU- New York, I am proud to celebrate the accom- tion and fear. Consider these remarks which,
TIONS TO THE ROSA CLARK plishments of our foremothers by introducing in 1912, appeared in the New York Times
FREE MEDICAL CLINIC IN the National Women’s Rights History Project under the title, ‘‘The Uprising of Women’’:
OCONEE COUNTY, SOUTH CARO- Act. The vote will secure to woman no new
LINA In contemporary American society, women privilege that she either deserves or requires
enjoy rights to education, wages, and property . . . Women will get the vote and play havoc
with it for themselves and society, if men
HON. J. GRESHAM BARRETT ownership. However, it was only 87 years ago
are not wise and firm enough and it may as
OF SOUTH CAROLINA
that women were finally granted the right to
well be said, masculine enough, to prevent
IN THE HOUSE OF REPRESENTATIVES
vote. Yet few Americans have any real knowl- them.
edge of the long struggle to obtain the rights
Thursday, July 19, 2007 that we take for granted today. The National If by playing havoc, the New York Times
Mr. BARRETT of South Carolina. Madam Women’s Rights History Project Act will pro- meant becoming the single most sought after
Speaker, I rise today to thank Blue Cross Blue vide Americans with the opportunity to learn voting block in the country that often deter-
Shield (BCBS) of South Carolina for their con- more about the female heroes that fought tire- mines the outcome of elections, I guess they
tinued support of the Rosa Clark Free Medical lessly to secure these rights. were right.
On July 19, 1848, a group of activists in- Because of the persistent dedication of
Clinic in Oconee County, South Carolina.
cluding Elizabeth Cady Stanton, Lucretia Mott, Susan B. Anthony and other remarkable lead-
For more than 50 years, BCBS of South
and Mary Ann M’Clintock convened the first ers, women persevered. Although Susan B.
Carolina has worked to increase access to
women’s rights convention at Wesleyan Chap- Anthony was not alive to see it, the efforts of
quality health care for all South Carolina resi-
el in Seneca Falls, New York. The women’s the women’s rights struggle came to fruition
dents with the hope of providing a higher qual-
rights convention heralded the beginning of a when the nineteenth amendment to the U.S.
ity of life to individuals and families across the
72-year struggle for suffrage. During the con- Constitution, giving women the right to vote,
state. The BCBS of South Carolina has shown
vention, 68 women and 32 men signed the was finally passed by Congress on June 4,
leadership in attempting to tackle the problem
Declaration of Sentiments, which was drafted 1919, and ratified on August 18, 1920.
of preventative health care for the uninsured. We have clearly come a long way in 87
Their work is a good example of how the pri- to mirror the Declaration of Independence and
years—and we still have a long way to go. We
vate sector, and not the Federal Government, set out such radical notions like women’s free-
must work to continue the momentum that
is better equipped to find innovative solutions dom to own property, receive an education,
started in Seneca Falls, by not only ensuring
to the challenges facing our Nation. and file for divorce.
In 1851, a second women’s rights conven- that all women vote, but that they do so with
In addition to serving nearly 1 million cus- an understanding of the long fight to obtain
tomers and employing 12,000 South Caro- tion was held in Akron, Ohio. It was at this
convention that Sojourner Truth delivered the this right and with a sense of responsibility to
linians, BCBS of South Carolina has also do their part in the struggle for women’s
awarded millions of dollars in grants to local famous ‘‘Ain’t I a Woman?’’ speech. The wom-
an’s suffrage movement, however, was not equality.
schools and medical facilities. These philan- To honor these important women, the Na-
thropic efforts facilitated the hiring of health solely limited to organized conventions. Under
tional Women’s Rights History Project Act will
care professionals, furthering health care edu- the leadership of Elizabeth Cady Stanton and
establish a trail route linking sites significant to
cation, and ensuring South Carolinians have Susan B. Anthony the National American
the struggle for women’s suffrage and civil
access to affordable quality health care. Women Suffrage Association (NAWSA) was
rights. It also will expand the current National
One example of this giving exists in my formed.
Susan B. Anthony also established the Register travel itinerary Web site, ‘‘Places
home district, the Third District of South Caro- Where Women Made History,’’ to include addi-
lina. In 2006, BCBS of South Carolina contrib- Equal Rights Association to refute ideas that
women were inferior to men and fight for a tional historic sites. Finally, this bill will require
uted $100,000 to the Rosa Clark Free Medical the Department of the Interior to establish a
Clinic in Oconee County, which helps provide woman’s right to vote. In 1872, Susan B. An-
thony and other women voted in the Presi- partnership-based network to offer financial
health care to low-income residents who have and technical assistance for interpretive and
no private medical insurance and are ineligible dential election, and were arrested and fined
for illegal voting. At her trial, which attracted educational program development of national
for government insurance programs. In addi- women’s rights history.
tion, this year they are contributing an addi- nationwide attention, Susan B. Anthony made
a speech that ended with the slogan ‘‘Resist- The women of this country have fought tire-
tional $34,040 to the facility as a measure of lessly to achieve equitable rights for our
support for the clinic’s ongoing mission of ance to Tyranny Is Obedience to God.’’ She
also campaigned for the rights of women to grandmothers, our mothers, ourselves, and
serving those in Oconee County. our daughters. It is my hope that this bill will
I ask my colleagues in the 110th Congress own property, to keep their own earnings, and
to have custody of their children. I am espe- provide Americans with the opportunity to
to join me in applauding BCBS of South Caro- learn more about the female leaders who
lina for being an active partner with the local cially proud that it was in Rochester, New
York, that Susan B. Anthony fought so hard struggled to secure these rights.
community and for their ongoing efforts to help Madam Speaker, I encourage all Members
reduce overall health care costs for my con- for the rights that women throughout this
to join me in celebrating their accomplish-
stituents and our State. I also want to thank country rely on today. In fact, in 1900, she
ments by cosponsoring the National Women’s
those at the Rosa Clark Free Medical Clinic in persuaded the University of Rochester, in my
Rights History Project Act today.
my home county for all they do to improve the Congressional District, to admit women.
In the early 1900s, a new generation of f
lives of others on a daily basis.
leaders joined the women’s suffrage move- COMMEMORATING THE 20TH ANNI-
f ment, including Carrie Chapman Catt, Maud VERSARY OF MCKINNEY-VENTO
THE NATIONAL WOMEN’S RIGHTS Wood Park, Lucy Burns, Alice Paul, and HOMELESS ASSISTANCE ACT
HISTORY PROJECT ACT Harriot E. Blatch. During this era, the women’s
rights movement increased its momentum by ´
HON. RAUL M. GRIJALVA
HON. LOUISE McINTOSH SLAUGHTER organizing marches, pickets and other pro- OF ARIZONA
OF NEW YORK
tests. Suffragette Alice Paul and other activists IN THE HOUSE OF REPRESENTATIVES
IN THE HOUSE OF REPRESENTATIVES
began chaining themselves to the White
House fence and participating in hunger Thursday, July 19, 2007
hmoore on PRODPC68 with HMREMARKS
Thursday, July 19, 2007 strikes to gain the attention of Congress. Mr. GRIJALVA. Madam Speaker, this is a
Ms. SLAUGHTER. Madam Speaker, today, The struggle for women’s suffrage was not very aupicious time for affordable housing ad-
as we mark the anniversary of the first ever easy, and oftentimes it was made more dif- vocates. For the first time in far too long, we
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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E1576 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2007
have significant progress on this critical issue Brock Gardner and Danen Clarke, were at a consideration the bill (H.R. 1851) to reform
with this new majority in this people’s House. park in Peachtree City, Ga., with a small the housing choice voucher program under
Chairman FRANK and Chairwoman WATERS group of family and friends. After they helped section 8 of the United States Housing Act of
have been true leaders on this issue, and I a man dislodge his golf cart from rising wa-
would like to recognize their efforts. ters, Danen’ s cousin ventured into what ap- Ms. MCCOLLUM of Minnesota. Madam
Today, we also gather to recall a past lead- peared to be still waters near a flooded road Chairman, I rise today in strong support of
er, who 20 years ago brought about a major and was immediately sucked under by an un- H.R. 1851, the Section 8 Voucher Reform Act,
increment of progress. I speak, of course, of seen rip current. and applaud Chairwoman MAXINE WATERS and
Stewart B. McKinney and Bruce Vento, and Thinking that the cousin was pinned by a Chairman BARNEY FRANK for their work on this
the law that bears their name. possible grate, the three Scouts waded in the important issue.
There are really very few, extremely few, dangerous waters to feel around for him with Housing, like food and health care, is a
cases of an elected official committing them- their feet. The cousin had actually been basic need, and it should be accessible to all
selves to accompaniment of those in need the sucked through a 40–foot-long culvert located Americans. Unfortunately, too many families
way Congressman MCKINNEY did. Indeed, the 5 feet below the road, which wasn’t visible find themselves without a stable and secure
late Congressman lost his life as a result of under the high water. The cousin was swept place to live because they cannot afford the
his commitment. And while we commemorate under the road, reappearing on the other side high cost of housing in our country.
his work and recall the circumstances of his with severe cuts on his feet, but alive. The Section 8 voucher program plays a crit-
passing, we should not lose sight of the many Danen was then caught under the ferocious ical role in preventing homelessness by ex-
thousands who died in a similar way, and current, followed by Brock, whose one leg panding access to affordable housing. It is our
those who are still on the streets today, and caught on the entrance of the 4–foot-wide cul- nation’s largest federal housing program, serv-
at risk. vert. Brett was behind Brock in the water and ing more than 2 million low-income families
Many Americans have passed out of this was able to secure him with his arms against around our country. However, currently, the
world in lonely alleys, on top of grates, iso- the pull of the current. demand for Section 8 vouchers far exceeds
lated from friends and family, and then been Danen’s body was found the next morning the availability of vouchers. In my District in
buried in unmarked plots. Indeed, as noted in in the stream that feeds into Lake Peachtree, Minnesota, there are more than 5,000 house-
the resolution commemorating McKinney- caught in branches that prevented him from holds on the waitlist for Section 8, and the av-
Vento, the condition of homelessness on aver- being swept into the lake. It is believed that erage wait time is anywhere from 5 to 7 years.
age causes the loss of 30 years in life expect- Danen hit his head on a large piece of the cul- The Section 8 Voucher Reform Act expands
ancy. vert, knocking him out and causing him to and improves this important program and will
The McKinney-Vento programs have been drown. ensure more families have access to safe, af-
critical in addressing this great American trag- The awarding of the Honor Medal With fordable housing. H.R. 1851 authorizes an ad-
edy, and it is worth reflecting on this progress Crossed Palms is as prestigious within the ditional 100,000 vouchers over the next 5
and recognizing this achievement of dedicated scouting community as it is rare. The honor years. It also updates the formula used to allo-
leadership. Across the board, McKinney-Vento has been awarded nationally only 199 times cate Section 8 voucher funds to housing agen-
has addressed the core issue of housing and since it was created in 1922. The Boy Scouts cies and simplifies the rent structure to elimi-
deeply intertwined issues of health care ac- of America have given out only four such nate current inefficiencies, allowing agencies
cess, education, job training, and reaching out medals this year, and I will have the great to serve more families.
to homeless youth and getting them back in honor of presenting these awards at a cere- This legislation encourages self-sufficiency
school, this law has made a difference. mony later this month to Brock and to the sib- and rewards work by providing incentives,
This is an important precedent to keep in lings of Danen and Brett, the latter of whom is such as reducing rent disincentives for in-
mind as we move forward with a new agenda. serving his church as a missionary in South creases in earned income and offering income
After all, this was an emergency response, America. The medals read: ‘‘The Honor Medal exemptions for adult full time student depend-
and while necessary and just, it was not With Crossed Palms presented by the Boy ents. H.R. 1851 also promotes homeowner-
claimed that this would put an end to home- Scouts of America upon the Recommendation ship by allowing families to use a housing
lessness, and certainly the Federal response of the National Court of Honor to Bretton Boot, voucher as a down payment toward the pur-
to homelessness should not be limited to Danen Clarke and Brock Gardner for unusual chase of their first home. Homeownership is
these programs. heroism and extraordinary skill or resourceful- the greatest source of wealth for many Ameri-
So I look forward to working with advocates cans. It strengthens our families and our com-
ness in saving or attempting to save life at ex-
like you in this session and continually as we munities.
treme risk to self.’’
strive to address this problem and better this The courage and selflessness of these Madam Speaker, every family deserves
society. What we are doing, really, is increas- young men testifies to their character and to clean, stable, and affordable housing. I am
ing the decency of this country, our level of the unwavering values they learned from lov- proud to rise today in support of this important
morality, our concern for our fellow man. ing families, their church and, yes, from the legislation.
When we conquer homelessness, which is Boy Scouts of America. Georgia’s 3rd Con- f
fundamentally a problem of social isolation gressional District proudly claims them as its
and abandonment, we are truly rebuilding the TRIBUTE TO DANLEY STRAIGHT
own. I can think of no more deserving recipi-
moral foundation of this great Nation. ents for this award. The July 28th ceremony
f presents an opportunity to celebrate heroism HON. MARILYN N. MUSGRAVE
TRIBUTE TO BRETT BOOT, BROCK and to remember and mourn Danen Clarke’s OF COLORADO
GARDNER AND DANEN CLARKE sacrifice on that fateful day. IN THE HOUSE OF REPRESENTATIVES
Danan, Brett and Brock set an example for Thursday, July 19, 2007
HON. LYNN A. WESTMORELAND us all. They will serve as an inspiration for
present and future generations of Boy Scouts Mrs. MUSGRAVE. Madam Speaker, I rise
in Troop 208 and throughout the Flint River today to pay tribute to the patriotism and self
IN THE HOUSE OF REPRESENTATIVES sacrifice of Air Force COL Danley Elson
Thursday, July 19, 2007 Straight of Longmont, CO, for his service to
Mr. WESTMORELAND. Madam Speaker, it both his community and to his country during
is my great honor to inform the House that SECTION 8 VOUCHER REFORM ACT World War II, the Korean war, and the Viet-
three of my constituents in Georgia’s 3rd Con- OF 2007 nam war.
gressional District have won the Honor Medal Straight was born in Greeley, CO, on Octo-
SPEECH OF ber 8, 1922, the 11th of 12 children. After
With Crossed Palms, a distinction given the
Boy Scouts of America to herald heroism car- HON. BETTY McCOLLUM graduating from Greeley High School he
hmoore on PRODPC68 with HMREMARKS
ried out at extreme personal risk. OF MINNESOTA
earned his bachelor of arts and master of arts
These courageous young men put their lives degrees from Colorado State College of Edu-
IN THE HOUSE OF REPRESENTATIVES
on the line to save a friend, and one of them cation. He also served in the Air Force during
died in the rescue attempt. Thursday, July 12, 2007 three wars and retired with more than 30
In July of 2005, during the onslaught of Hur- The House in Committee of the Whole years of service as a full colonel command
ricane Cindy, three Eagle Scouts, Brett Boot, House on the State of the Union had under pilot. During his career, ‘‘the colonel’’ as he is
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July 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1577
affectionately known, flew more than 29 types Today, I ask my colleagues to join me in that the President should not initiate military
of aircraft, including Flack Bait, which is on mourning the loss of Sergeant Eric A. Lilt. We action against Iran without first obtaining au-
display in the Smithsonian Air and Space Mu- will never forget his sacrifice and are forever thorization from Congress.
seum. indebted to him, as well as all of our soldiers This legislation would establish a binding
Straight’s years of service to our country are who have died, for making the ultimate sac- legal limit on the ability of the President to ex-
complemented by his service to his commu- rifice for our country. My thoughts, prayers, pend funds to commence military action
nity. After retiring from the Air Force in 1976, and deepest sympathies are with the Lill fam- against Iran in the absence of explicit prior
Straight volunteered with various groups in- ily in this difficult time. congressional authorization.
cluding the American Red Cross, the Boy f I think several factors require Congress to
Scouts, the Longmont Rotary Club, Masons insist that the President meet that requirement
and Shriners, the Patient Advocacy Team, St. FREE THE ISRAELI SOLDIERS before committing this country to another war.
Vrain Photographic Society, the Salvation Those factors include this administration’s
Army, Westview Presbyterian Church, and the inability or unwillingness to engage with the
Rollins Pass Restoration Association, for HON. DEBBIE WASSERMAN SCHULTZ Iranian regime, the stated interest on the part
which he served as president for more than 25 OF FLORIDA of many administration officials and political
years. Straight’s motto was ‘‘Never give up.’’ IN THE HOUSE OF REPRESENTATIVES supporters in attacking Iran, and the U.S. de-
On February 7, 2007, Danley Elson Straight ployment of additional aircraft carrier groups to
passed away at the age of 84. He is survived Thursday, July 12, 2007 the Persian Gulf.
by his wife of 64 years, Juanita Watson Ms. WASSERMAN SCHULTZ. Madam These have led many—likely including the
Straight, his 5 children, 10 grandchildren, and Speaker, I rise to recognize the steadfast Iranian regime—to think the U.S. is intent on
8 great-grandchildren. friendship between the United States and preparing a military strike against Iran. While
Madam Speaker, I am honored to represent Israel and to express support for Israeli sol- that perception could be far from the mark, I
Mr. Straight and the other men and women diers held captive by terrorist organizations. think there is no doubt that there are in-
who have given so much for our freedom. Like July 12, 2007 marks the one year anniver- creased risks of confrontation brought on by
so many other members of the ‘‘greatest gen- sary of Hezbollah’s infiltration into northern heightened tensions in the region.
eration,’’ I urge my colleagues to join me in Israel, and it is a stinging reminder of If we’ve learned nothing else from the war
expressing my heartfelt gratitude and sincere Hezbollah’s attack that sparked the bloody in Iraq, we should have learned that saber rat-
appreciation for the patriotic service of Danley conflict between Israel and Hezbollah in south- tling doesn’t get us far—especially when the
Elson Straight. ern Lebanon. tough rhetoric comes from an administration
f For the past year, three Israeli soldiers have with a history of mismanaging the war in Iraq,
HONORING SERGEANT ERIC A. been away from their families, held captive by a war that is in its fifth year of straining our
LILL OF CHICAGO, ILLINOIS terrorist organizations. Ehud Goldwasser and military and depleting our Nation’s blood and
Eldad Regev were kidnapped by Hezbollah in treasure.
the attack on July 12, 2006, and Gilad Shalit As I said in 2002—before voting against the
HON. DANIEL LIPINSKI was abducted by Hamas on June 25, 2006 resolution authorizing war in Iraq—I am reluc-
near the Gaza Strip. tant to vest in the President all discretion
IN THE HOUSE OF REPRESENTATIVES
Gilad Shalit is the youngest of the three about when and where America will go to war.
Thursday, July 19, 2007 men at the age of 20. He began his service I thought then and I think today that Congress,
Mr. LIPINSKI. Madam Speaker, I rise today in July of 2005, and volunteered to work in a which has the constitutional responsibility to
to honor and pay tribute to Sergeant Eric A. combat unit. Shalit loves math and sports. declare war, must play a more significant role
Lill, a courageous young soldier and father, Ehud Goldwasser, 31, is always willing to lend in authorizing the use of our armed forces in
who died in Iraq on July 6, 2007. As we all a helping hand. Passionate about photog- what could become a full-scale war.
deeply mourn his loss, we use this time to raphy, sailing, and the environment, My purpose in introducing this legislation is
honor his life and express our gratitude for his Goldwasser is recently married and looks for- to reassert Congress’s constitutional responsi-
dedicated service. ward to starting a family. Eldad Regev, 26, is bility and to remind the Bush Administration of
Eric Lill grew up in Chicago’s Bridgeport a law student at Bar Ilan University. Regev en- the important role that Congress plays when it
neighborhood and graduated in 1997 from St. joys soccer, music, and reading. The families comes to matters of war and peace.
Lawrence High School in Burbank, IL. He then and friends of these talented young men look I recognize that the President, as com-
attended Marshall University where he played forward to their safe return. mander-in-chief, must have some flexibility in
hockey and studied criminal justice. From an Since its independence in 1948, Israel has deciding whether to allow U.S. forces to con-
early age, Eric desired to serve the public and continuously struggled to protect its citizens duct intelligence gathering and to directly re-
our Nation, and he felt called to enlist in the and ensure the safety of its men and women spond to attacks or possible attacks from Iran.
U.S. Army. in uniform. As a Member of Congress, I recog- That’s why my legislation makes exceptions
Eric’s determination and outstanding per- nize the bond between the United States and for these contingencies.
formance enabled him to attain the rank of Israel and support the Israeli people on this Madam Speaker, my introduction of this leg-
sergeant and become a mentor to other sol- solemn anniversary. islation should not be seen as evidence that I
diers. Most recently, Sergeant Lill served f deny the reality of the potential danger Iran
under the 2nd Infantry Division and was de- presents to our country, our allies, and others.
ployed to Iraq in October 2006. During this ON THE INTRODUCTION OF LEGIS- The prospect of an Iran with nuclear weap-
time, Sergeant Lill utilized his background and LATION TO PROHIBIT THE USE ons is a matter of serious concern for America
interest in criminal justice to help train Iraqi OF FUNDS FOR MILITARY OPER- and the rest of the world. Since the revelation
police officers. Although this mission was haz- ATIONS IN IRAN WITHOUT CON- of its nuclear program, Iran has defied the
ardous, Sergeant Lill always downplayed the GRESSIONAL AUTHORIZATION international community by continuing to work
danger to his family so that they would not to advance it, Iran’s president has publicly
worry. Two days after Independence Day, an HON. MARK UDALL stated his intention to ‘‘wipe Israel off the
improvised explosive device detonated near OF COLORADO map,’’ and there is evidence that Iran is arm-
Sergeant Lill’s vehicle during combat oper- IN THE HOUSE OF REPRESENTATIVES ing insurgents in Iraq and Afghanistan.
ations in Baghdad. The injuries sustained by So it is no surprise that there are also re-
Sergeant Lill resulted in his death—he was Thursday, July 19, 2007 ports—as recently as last month—that the in-
only 28. Mr. UDALL of Colorado. Madam Speaker, ternal debate on Iran among the White House,
Aside from his military service to our Nation, today I am introducing a bill to prevent the State Department, and Defense Department is
Eric Lill was dedicated to his family as a loving Bush Administration from launching war in Iran heating up, and that the mood is shifting back
hmoore on PRODPC68 with HMREMARKS
father and son. He is survived by his two chil- without prior congressional authorization. It is toward military action against Iran. My bill re-
dren, Cody and Mikayla, affectionately known a companion bill to S. 759, authored by Sen- sponds to those reports by reasserting the
to him as ‘‘Bug’’ and ‘‘Lala;’’ his parents, ator JIM WEBB of Virginia. basic principle that Congress must consent
Charmaine and Tony; his sister, Kortne; and This is not a unique proposal—several of before the president can take such action.
his maternal grandparents, John and Marlene our colleagues in the House have introduced Sending our troops into harm’s way is a de-
Alvarado. resolutions expressing the sense of Congress cision that affects all Americans, as we’ve
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E1578 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2007
learned the hard way in Iraq. So before this Reminiscent of the infamous Berlin Wall, defense of freedom, liberty and political self
president makes any more rash decisions Cyprus has remained divided by ‘‘the green determination for the South Vietnamese peo-
about going to war, I believe he must come to line,’’ a 113-mile barbed-wire fence that has ple earned the unit numerous citations and
Congress for authorization to commence mili- run across the island for the past 33-years. commendations for valor, including:
tary action. Despite pressure from the United States, the The Presidential Unit Citation Streamer with
The bill I am introducing today—like its com- European Union, and the United Nations, Cy- 2 Bronze Stars;
panion in the Senate—is intended to do one prus remains one of the most militarized areas Navy Unit Commendation Streamer;
thing: to restore the balance between the ex- in the world. Meritorious Unit Commendation Streamer
ecutive and legislative branches with regard to Although Cyprus remains divided, there is with 2 Bronze Stars;
authorizing large-scale military activities. It is a reason for optimism that the nation will one National Defense Service Streamer;
balance that needs restoring after the mis- day be made whole. In late April of 2004, the Vietnam Service Streamer with 2 Silver
management of the war in Iraq, and it is a bal- people of Cyprus went to the polls to vote on Stars and 3 Bronze Stars;
ance we should be watching closely as some a plan of reunification. Unfortunately, this re- Vietnam Cross of Gallantry with Palm
in the Administration continue to discuss presi- unification proposal was rushed, allegedly to Streamer; and
dential authority to wage war in contravention coincide with the ascension of Cyprus into the The Vietnam Meritorious Unit Citation Civil
of the Constitution. European Union. Because of many legitimate Actions Streamer.
f concerns, including security, and in a dem- The Men of Mike Company were the subject
onstration of great courage and independence, of a 1968 documentary entitled ‘‘A Face of
COMMENDING AMPUTEES ACROSS approximately 75 percent of Greek Cypriots War,’’ which accurately portrayed the sights
AMERICA ON THEIR ACHIEVE- opposed the plan. However, this rushed and and sounds of Marines performing their duties
MENTS AND MISSION TO IN- unfortunate effort must not, and will not, be in a combat zone. My constituent, retired Cap-
CREASE PUBLIC AWARENESS OF the end of attempts to reunify the island. A tain James Sackett, appeared in the film as
AMPUTEES AS PEOPLE WITH AC- lasting and equitable solution for the people of part of the Mike Company ‘‘Band of Brothers’’
TIVE LIFESTYLES Cyprus, and the goal of a united Cyprus, is who displayed their courage under fire on be-
too important to abandon. half of all U.S. Marines.
HON. RODNEY ALEXANDER I firmly support the efforts begun with the The Marines of Mike Company, along with
OF LOUISIANA bicommunal agreement reached at the meet- their loved ones, have held a reunion every
IN THE HOUSE OF REPRESENTATIVES ing of July 8, 2006. The framework of July 8 year since 1983. They have formed the Mike
Thursday, July 19, 2007 established guiding principles to accomplish 3/7 Vietnam Association to honor the memo-
the goal reunifying the two halves of Cyprus ries of their fallen comrades; celebrate the
Mr. ALEXANDER. Madam Speaker, I rise
within a bizonal, bicommunal federation. I urge lives of their surviving comrades; express pro-
today to commend Amputees Across America
both parties to proceed with establishing work- found appreciation to their families and loved
for their achievements and mission to increase
ing groups so that there can be movement for- ones; recognize the monumental sacrifices
public awareness of amputees as people with
ward in implementing these principles. The re- and achievements necessary for freedom; and
markable achievement of the July 8 agree- to hold forth their contribution to the Marine
Amputees Across America is a group of am-
ment gives me great reason to be hopeful that Corps legacy of courage, patriotism and mili-
putees cycling from coast-to-coast. The riders
a solution is near. Yet so long as Cyprus re- tary excellence as an example to future gen-
departed on May 28, 2007 from Tustin, Cali-
mains divided, we have great work ahead of erations.
fornia, and arrive in Alexandria, Louisiana on
us. Americans everywhere owe a debt of grati-
Monday, July 2. The group is riding in 150-
I remain committed to achieving a solution tude to the Marines of Mike Company for their
mile relays, visiting hospitals and local ampu-
to this problem so that we never have to gath- selfless dedication to duty and their admirable
tee support groups. The group will complete
er again to commemorate an anniversary of display of courage under fire. The U.S. House
their 3,500 mile journey when they arrive in
this condemnable invasion. Madam Speaker, I of Representatives is proud to honor their sac-
Vero Beach, Florida on July 25, 2007.
While in Alexandria, Amputees Across pray that this will be the last year of a divided rifices on the occasion of their 25th annual re-
America cyclists Joe Sapere, Abel Cruz, Cyprus. It is my fervent hope that, 33 years union.
Clifford Clark, and Beasey Hendrix will visit after Cyprus was torn asunder, all Cypriots f
with patients and members of a stroke and can be reunited, living in peace and freedom
forever. SUPPORT FOR H.R. 2337
amputee support group to share stories of
overcoming their amputations to live healthy, f
HON. NICK J. RAHALL II
APPROVAL OF THE ‘‘MEN OF OF WEST VIRGINIA
Madam Speaker, I ask my colleagues to join
MIKE’’ RESOLUTION IN THE HOUSE OF REPRESENTATIVES
me in commending the mission and achieve-
ments of Amputees Across America. I ac- Thursday, July 19, 2007
knowledge their commendable mission and HON. LEE TERRY
OF NEBRASKA Mr. RAHALL. Madam Speaker, in recent
significant contribution to not only the state of
IN THE HOUSE OF REPRESENTATIVES
weeks, I have witnessed the lengths to which
Louisiana, but our nation as well.
the oil and gas industry will go to frighten my
f Thursday, July 19, 2007 colleagues about the contents of H.R. 2337,
RECALLING THE INFAMOUS ANNI- Mr. TERRY. Madam Speaker, I rise to ap- the energy legislation approved last month by
VERSARY OF THE INVASION OF plaud today’s passage of H. Res. 541 by the House Natural Resources Committee. The
CYPRUS unanimous consent to recognize the Marines tales they weave would make good fodder for
of Company ‘‘M,’’ or ‘‘Mike Company,’’ on the a Stephen King novel.
HON. LINCOLN DIAZ-BALART occasion of their 25th annual reunion. I am I have heard arguments of all kinds—that
proud that men in my home State of Nebraska the bill will cause oil and gas prices to in-
served in this distinguished unit. crease, that it will harm energy supplies, and
IN THE HOUSE OF REPRESENTATIVES
In fact, former Marine Commandant General even that it will cost American jobs. False-
Thursday, July 19, 2007 Chuck Krulak and General Tom Draude hoods such as these, while creative, are sim-
Mr. LINCOLN DIAZ-BALART of Florida. served together in Vietnam in this unit. The ply unfounded.
Madam Speaker, I rise to recall the tragic an- U.S. Marine Corps told me that during General I have seen no data to substantiate these
niversary of the Turkish invasion of Cyprus. Krulak’s tenure as CMC, he often took the op- claims or to show how the mild provisions of
On July 20, 1974, Turkey brutally attacked portunity in speeches to extol the heroism of Titles I and II in my bill will result in such ill
the Republic of Cyprus. To my deep regret, fellow Marines from Mike Company—in par- effects. And, I might add, what these detrac-
hmoore on PRODPC68 with HMREMARKS
the shameful legacy of this despicable act re- ticular Tom Draude, a former Commander of tors always conveniently fail to reveal is that
mains. To this day, Turkish troops illegally oc- M/3/7 who was awarded the Silver Star for the Energy Policy Act of 2005 provided zip in
cupy Cyprus, splitting the island into two heroism in a 1966 action. the way of lower prices.
areas, and continuing the oppression of the The Marines of Mike Company served hon- Let me take this opportunity to give you a
people of Cyprus which has remained since orably and heroically in the Vietnam war from little insight into what is really behind this
that infamous day. July 1965 to October 1970. Their service in smear campaign.
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July 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1579
The bottom line here is production royalties priate—decoration for the walls of some the island. Although it is peaceful today, the
from Federal lands and waters are owed to mighty oil company CEO. Greek and Turkish Cypriots are still separated
the American people. For the last 6 years f to the detriment of many Turkish Cypriots,
under the Bush administration, the oil and gas who have been deprived of economic and so-
industry has been pampered by friends in high IN REMEMBRANCE OF LIVES LOST cial advancements.
places. IN CYPRUS DURING THE TURK- Unfortunately, decades of negotiations
Consider this: From 2002 to 2005, collec- ISH INVASION under the auspices of the United Nations and
tions of oil and gas royalties from drilling rigs involving motherlands Greece and Turkey,
on public lands have fallen to an annual aver- HON. MIKE McINTYRE have produced no lasting agreement. There
age of $48 million—half the average, $115 OF NORTH CAROLINA was hope in April 2004 when the comprehen-
million, collected annually in the 20 years IN THE HOUSE OF REPRESENTATIVES sive, U.N.-sponsored ‘‘Annan Plan,’’ was put
prior, despite increased production. to referenda. To the dismay of the inter-
Consider this: Between 1998 and 2001, the Thursday, July 19, 2007 national community, this plan failed when the
Minerals Management Service, MMS, con- Mr. MCINTYRE. Madam Speaker, I rise Greek Cypriots overwhelmingly voted against
ducted over 540 audits per year. From 2002 today in commemoration of the 33rd anniver- it, despite the fact that the Turkish Cypriots
through 2005, the average number of audits sary of the Turkish invasion of Cyprus, which overwhelmingly voted in favor of it.
dropped to 393. And in 2006, MMS completed occurred on July 20, 1974. Many lost their After the unsuccessful adoption of the
only 144 audits. That means that MMS re- lives and livelihoods as a result of that inva- ‘‘Annan Plan,’’ Turkish Cypriots called for ac-
duced the number of oil and gas audits by 22 sion. It is disappointing that 33 years later the tion to discuss the situation. It was then that
percent. island of Cyprus remains divided and conten- Turkish Cypriot leader Mehmet Ali Talat and
By comparison, The New York Times re- tious. Greek Cypriot leader Tassos Papadopoulos
ported recently that the IRS has more than A United Nations Security Council resolution met on July 3rd and 8th, 2006, and agreed to
doubled the number of individual tax returns states ‘‘a Cyprus settlement must be based on hold further meetings based on a ‘‘Set of Prin-
audited from 2000 to 2006, increasing from a State of Cyprus with a single sovereignty ciples’’ aimed at the unification of Cyprus. The
nearly 618,000 to nearly 1.3 million of us and international personality and a single citi- meeting of the two leaders and the agreement
whom IRS decided to scrutinize. zenship, with its independence and territorial they reached have been welcomed by the
So here we have oil and gas companies integrity safeguarded and comprising two po- international community, including the United
raking in profits and getting a wink and a nod litically equal communities as described in the States, the European Union and others.
when it comes to paying the royalties they relevant Security Council resolutions, in a bi- It is important that this new and positive
owe, while the IRS knuckles down to squeeze communal and bi-zonal federation and that spirit demonstrated by the two Cypriot leaders
every possible nickel and dime out of regular such a settlement must exclude union in be supported by the United States in order to
folks and hardworking families. Thank you whole or in part with any other country or any help the parties build trust and forge an at-
very much, Mr. President. form of partition or secession.’’ I look forward mosphere conducive to progress and pros-
From the earliest days of this administration to the day when such a settlement is realized. perity. It is our sincere hope that the spirit of
when energy executives, or their representa- Cyprus has been a staunch ally of the reconciliation and goodwill generated in recent
tives, gathered behind the curtains of execu- United States. It has aided our efforts in Af- times will continue to be promoted by all par-
tive privilege shrouding the Vice President’s ghanistan and Iraq by allowing the United ties involved.
office, the energy policy of this Nation has States over-flight and landing rights, as well as Madam Speaker, as the process moves for-
been tilted against the regular folks most of us port access for our ships. In addition, Cyprus ward it is also important to recognize the re-
in this body represent. These huge, multi- provided valuable assistance for our evacu- solve of the Turkish Cypriot people who have
national firms would seem to be the least in ation and rescue efforts after the 1983 Beirut demonstrated time after time an unwavering
need of coddling by and protection of our gov- barracks bombing and the 2006 hostilities in commitment to reconciliation as well as re-
ernment, yet, the policies of this administration Lebanon. markable flexibility by supporting the ‘‘Annan
have sheltered them from ‘‘ponying up’’ their Also, it is important that we ensure the pro- Plan.’’ Despite their continued commitment to
fair share of what is truly owed to the Federal tection of human rights in Cyprus and work to reunify Cyprus, Turkish Cypriots are still await-
Treasury. At a time when the oil and gas in- preserve the Cypriots’ religious and cultural ing the fulfillment of the promises made to
dustry is reaping record profits, consumers at heritage. I am troubled by reports that reli- them by the international community that their
the pump are watching the price figures flip by gious sites, including Greek Orthodox church- isolation would be lifted. We believe that both
at increasing speed as the quantity of gas es, have been pillaged, destroyed, or in any the Turkish Cypriots and Turkey, whose sup-
they actually pour hums ever more slowly into way harmed. port was crucial in securing the ‘‘yes’’ vote of
the tank. I am encouraged that efforts are underway the Turkish Cypriots in the 2004 referenda,
We have an opportunity here, in H.R. 2337, to facilitate the integration of Greek and Turk- should be rewarded, not penalized, in order
to make some real and positive changes—to ish Cypriots, specifically the opening of cross- for the process to move forward toward a last-
even out the policies so slanted in favor of the ing points on this divided island. After 33 ing settlement.
oil company executives whose nameplates ap- years of division and contention, it is time to More than ever before, it is important to
pear at Mr. CHENEY’s energy bargaining table. reach a just and lasting peace that will unify support a diplomatic compromise in Cyprus to
We have the chance to restore some account- Cyprus and allow it to grow politically, socially, ensure a bright future for Greek and Turkish
ability to the system and improve the way the and economically. I encourage my colleagues Cypriots.
Federal Government manages its public en- to support any efforts to reach such a settle- f
ergy resources. ment. TRIBUTE TO DR. WILSON WEST
H.R. 2337 will step up the number of audits f
performed each year and give the agency the
teeth it has long needed to go after those PEACE FOR GREEK AND TURKISH HON. JOHN SHIMKUS
CYPRIOTS OF ILLINOIS
companies that underpay the Treasury at the
IN THE HOUSE OF REPRESENTATIVES
expense of the rest of us.
Madam Speaker, every year over Memorial HON. ED WHITFIELD Thursday, July 19, 2007
Day weekend we have a tall tales contest in OF KENTUCKY Mr. SHIMKUS. Madam Speaker, I rise today
my home State of West Virginia. That event IN THE HOUSE OF REPRESENTATIVES to honor the late Dr. Wilson West. Dr. West is
draws some of the biggest fibbers and spin- a native of Belleville, IL, and was a well-known
ners the Lord has seen fit to create. Having Thursday, July 19, 2007 doctor and professor.
listened to the bizarre claims ricocheting Mr. WHITFIELD. Madam Speaker, I rise Dr. West was born near Centralia on Sep-
around these halls in recent weeks, I look for- today with the hope that the Island of Cyprus tember 13, 1913 and graduated from Salem
hmoore on PRODPC68 with HMREMARKS
ward to next Memorial Day when I expect to will soon be reunified, and with resolve of her High School. He went on to earn a bachelor’s
see a string of oil and gas executives taking citizens and the help from the international degree from Southern Illinois University
the stage to share their whoppers. community, both the Greek and Turkish Cyp- Carbondale. In 1937 he graduated from St.
The winner of this time-honored contest, by riots will know tranquility. Louis University Medical School. Dr. West was
the way, is awarded an enviable trophy—a Tragically, thirty-three years ago, violence a member of the St. Clair County Medical So-
golden shovel. What a nice—and appro- and bloodshed ripped Cyprus apart, dividing ciety and served as its president in 1971. He
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E1580 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2007
also served on the Board of Directors of the the community including: assisted in the devel- employees the basic right to bargain collec-
Union Bank of St. Clair County for 25 years. opment of the Northtown Shopping Center on tively and raise workplace and public safety
Dr. West was an active member and leader Dr. Martin Luther King, Jr. Drive and North Av- issues with their employers and in passing
in the Republican Party and was viewed by enue which has been renamed Brooks Plaza H.R. 980 today we will correct this wrong.
many as the foremost authority on the Repub- in his honor; designed and built Brook’s X- f
lican Party in southwestern Illinois. He served Press Car Washing Plant on 7th Street and
as chairman of the St. Clair County Repub- W. North Avenue; oversaw the development of TRIBUTE TO THE SOUTHERN ILLI-
lican Century Club for more than 25 years, the Masterpiece Supper Club and Motor NOIS UNIVERSITY OF
elected as a delegate at seven Republican Lodge on 6th and W. Walnut Streets; and was EDWARDSVILLE COUGARS SOFT-
National Conventions, and was an Elector in a founder and treasurer of the state’s second BALL TEAM
the Electoral College for three presidential oldest African American-owned financial insti-
elections. He was very active in local, State, tution, the North Milwaukee State Bank. Mr. HON. JOHN SHIMKUS
and national politics and hosted prominent Brooks also served on the City of Milwaukee’s OF ILLINOIS
politicians at St. Clair County events. He was Board of Assessment, the Wisconsin Real Es- IN THE HOUSE OF REPRESENTATIVES
proud to have attended the inaugurations of tate License Examining Board and the NAACP
Thursday, July 19, 2007
many presidents and governors and was a fre- Milwaukee Chapter’s Executive Board and
quent guest at the Governor’s Mansion and chaired their Housing Committee. Mr. SHIMKUS. Madam Speaker, today I rise
the White House. Mr. Brooks was devoted to his wife of 58 to honor my alma mater Southern Illinois Uni-
Dr. West wrote for medical research jour- years, Vernadine who passed away in 2004. versity of Edwardsville, where I graduated with
nals and was a professor at Southern Illinois They were both active members of St. Mark my MBA in 1997, on winning its first national
University School of Medicine, Washington AME Church. He was instrumental in planning NCAA Division II softball championship.
University School of Medicine, and Barnes and constructing the building the church cur- The fifth ranked Cougars (49–8) closed out
Hospital. Dr. West is the namesake and past rently occupies and continues to serve on St. the season with a 16-game winning streak.
recipient of the St. Clair County Medical Soci- Mark’s Trustee Board that manages the The 3-hour and 15 minute game was the long-
ety’s Wilson H. West Award for service in the church’s real estate holdings. Mr. Brooks is est in Division II championship history.
health care profession. He was honored as an also a member of the Anvil Housing Board Ashley Price hit an RBI single in the 12th in-
‘‘outstanding alumnus’’ by the St. Louis Uni- which manages the church’s two senior citizen ning to give SlUE a 3–2 championship victory
versity School of Medicine. In 1966, he re- housing complexes. over defending national champion Lock Haven
ceived the Everett Dirksen Award and subse- I am honored to have this opportunity to pay at Firestone Stadium in Akron, OH. The na-
quently established a Nursing Scholarship with tribute to Beechie Brooks for his unwavering tional championship is the 17th in the school’s
the same organization. In 2002, Dr. West was commitment to making Milwaukee a great history and first in softball.
awarded the prestigious Eisenhower Commis- place to live and work. Members of the team include Ashley Price,
sion. He was awarded lifetime membership on f Chaleen Rumpf, Carly Wildenradt, Emily
the Republican National Committee, the hon- Lenart, Courtney Mall, Lindsey Laas, Haylee
orary organizations, Republican Speaker’s Cir- PUBLIC SAFETY EMPLOYER-EM- Eubanks, Abbie Bates, Katy Biggs, Nicole
cle, and the Presidents Club. PLOYEE COOPERATION ACT OF Beecher, Lauren Zembruski, Sabra McCune,
Dr. West leaves a legacy to his patients of 2007 Amanda Puce, Jodie Ohlau, Kaeleigh Rousey,
60 years of service with dedicated profes- Libby Lenart, Mallory Ruggles and Kaitlin
sionalism and compassionate care. He Colosimo. The Head Coach is Sandy Mont-
touched many lives with his understanding, HON. JOHN CONYERS, JR. gomery; Valerie McCoy is the Assistant
care, and concern. He provided outstanding OF MICHIGAN Coach, and the Student Assistant is Shannon
treatment and service to three generations of IN THE HOUSE OF REPRESENTATIVES Evans.
southwestern Illinoisans. I am very pleased to congratulate the soft-
Tuesday, July 17, 2007 ball team of Southern Illinois University of
My thoughts and prayers will be with the
family and friends of Dr. Wilson West. Mr. CONYERS. Mr. Speaker, I rise today in Edwardsville on their national championship
support of H.R. 980, the Public Safety Em- and wish them the best of luck for next sea-
ployer-Employee Cooperation Act of 2007. son.
TRIBUTE TO BEECHIE BROOKS This vital legislation will provide police officers, f
firefighters, and other public safety officers
HON. GWEN MOORE with basic collective bargaining rights, without RECOGNIZING THE IMPORTANT
undermining state authority or existing state TESTIMONY OF MR. CHARLES
laws—providing modest minimum standards to DAHAN BEFORE THE CONGRES-
IN THE HOUSE OF REPRESENTATIVES
be included in state laws. SIONAL HUMAN RIGHTS CAUCUS
Thursday, July 19, 2007 Sadly, some members of this body object to
Ms. MOORE of Wisconsin. Madam Speak- H.R. 980 on the grounds that it supposedly HON. TOM LANTOS
er, I rise today to recognize a community lead- ‘‘tramples on state’s rights.’’ This could not be OF CALIFORNIA
er and real estate and economic development further from the truth. The Public Safety Em- IN THE HOUSE OF REPRESENTATIVES
visionary of the 4th Congressional District, ployer-Employee Cooperation Act only re-
Beechie Brooks. quires that states and localities have a bar- Thursday, July 19, 2007
Beechie Brooks’ vision was instrumental in gaining process, it does not mandate binding Mr. LANTOS. Madam Speaker, on Wednes-
revitalizing and changing the character of arbitration, it does not allow strikes, and local day, June 20, 2007, the Congressional Human
neighborhoods in Milwaukee’s central city by employers still retain the final say in all budg- Rights Caucus held an extraordinary briefing
developing the Halyard Park subdivision. The etary decisions. Furthermore, most states and on Morocco’s progress toward gender equal-
United Realty Group, a firm that was formed localities already meet or exceed the bill’s ity.
from the merger of several African American minimum requirement of having a process in The briefing addressed the very important
real estate companies in 1976, gained ap- place that allows police, firefighters and others issue of women’s rights in Morocco that has
proval from the City of Milwaukee’s Redevel- sit down and talk about their jobs with their been the number one priority of King Moham-
opment Authority to develop a subdivision of employers. For these reasons, it seems to me med VI. The Moudawana (the Family Law),
single-family suburban style homes. Mr. that the state’s rights objections raised by the adopted in 2003, has sought to raise women’s
Brooks’ leadership was integral to creating this bill’s opponents do not stand up under scru- status as full partners with men, in order to
‘‘model’’ of privately financed housing in the tiny. uphold equality between the two spouses and
central city that continues to draw the attention Congress has long recognized the benefits to protect children’s rights. Women are now
hmoore on PRODPC68 with HMREMARKS
of people in urban areas around the country. of a cooperative working relationship between able to initiate divorce and to gain custody of
It serves as a testament to the fact that central labor and management. Over the years we their children. Polygamy has become prac-
cities can provide the same quality of life as have extended collective bargaining rights to tically impossible.
suburbs. letter carriers, postal clerks, public transit em- Madam Speaker, Mr. Charles Dahan, the
Beechie Brooks did not rest on his laurels ployees, and even Congressional employees. World Vice President of the Federation of the
but continued to spearhead development in It is long past time that we allow public safety Moroccan Jewry, shared his exceptional
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July 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1581
knowledge of women’s rights in Morocco. Mr. will enjoy every right, in complete equality, The United States needs to support Mo-
Dahan’s speech was not only eloquent but tre- and be associated in every form of our na- rocco in the strongest way to encourage
mendously important in educating the Mem- tional life, including responsibilities within their development as through the recent
the government’’, life dramatically changed Trade Agreement and to help them fight the
bers and their staff on this issue.
for the Jews in Morocco. Several social, po- threat of terrorism. Through investment and
I ask my colleagues to join me in thanking litical and economic factors were conditions development, there are promises to be a
Mr. Dahan for sharing with so many prominent for a perfect storm: bright future.
leaders his expertise. With that I would like to Decolonization led to an economic vacuum As for Moroccan Jews who have emigrated,
place Mr. Dahan’s testimony in the CONGRES- by the French. A whole level of life had been I think the words of Yitzhak Shamir sum it
SIONAL RECORD. economically dependent on the French and up: ‘‘Moroccan Jews were the only Jews that
MOROCCO, PROGRESS TOWARD EQUALITY the balance of this life shifted dramatically never renounced their country, nor were
adding anxiety to the Jewish population. they rejected by their country’’.
(By Charles Dahan) Arabization was one of the main objectives
Thank you for inviting me to visit with of the Nationalists. Remember that French
you about Jews in Morocco today. Let me had been the language of education, much THE WAR
start with a brief overview of how the Jews culture, daily life and commerce for this
came to settle in Morocco. generation. The Jewish elite, living outside
Two major groups of migration: of the Mellah, did not speak Arabic and this HON. WM. LACY CLAY
1. 3–400 BC Destruction of the Temple. lack of communication led to more confu- OF MISSOURI
Jews crossed Egypt and settled in the Berber sion and anxiety. IN THE HOUSE OF REPRESENTATIVES
region of what is now Libya and Morocco. Hardening of the National Political Party
These Jews are referred to in Hebrew as was new to the Jews. Encouragement from Thursday, July 19, 2007
‘‘Tochavim’’. At this time, the Berbers had Nasser and the Arab League led to many Mr. CLAY. Madam Speaker, in the fall of
no organized religion and the Jews lived demonstrations against the French colo- 2002, I was among the majority of Democrats
their Jewish life coexisting with the tribes nists. In addition, the Party was leaning to
and, on occasion, conversions would occur. in the House of Representatives who voted
the Left with communist ideas and forging
In the 1300s, Islam was introduced in Mo- relations with Moscow. It was too dangerous against the Iraq war resolution. Claims about
rocco and most Berbers converted to Islam. to attack French Christian citizens so the weapons of mass destruction had not been
2. 1490s Spanish Inquisition. Both Muslims Moroccan Jews became the invented symbol substantiated and there was no evidence that
and Jews were forced out of Spain and set- of colonization. Any kind of demonstration Saddam Hussein was linked to al Qaeda and
tled in Northern Africa. This was a shared or riot ended up targeting Moroccan Jews. the 9-11 attacks. I did not accept—as adminis-
historical experience. These Jews are called After the Independence, King Mohammad tration officials asserted—that the costs of the
‘‘Megorachim’’ in Hebrew and they numbered V restricted emigration. The Jews were torn war and rebuilding of Iraq could be financed
between 25–30,000. between the consequences and uncertainty of
There were several important moments
by Iraqi oil revenues. At that time, I told my
their future in Morocco and the illegal de-
where the Jewish contribution to Moroccan parture for a totally unknown life. Some colleagues that Iraq did not pose a direct
life was recognized and, therefore, protected chose to escape and one historical con- threat to our national security and that we
by the Sultans. Two examples are: sequence was 1961 ship called the Pisces that should concentrate our power on capturing
We see the creation of ‘‘Mellahs’’ during sank killing all 43 Jews who had been smug- Osama Bin Laden and destroying al Qaeda.
the 1600s. Jews were considered ‘‘dhimmis’’ gled aboard. This was an important event The invasion and occupation of Iraq has not
(literally, protected persons) at this time by that politicized the Moroccan Jews. In 1962, achieved what its proponents promised. The
the Sultan. Original purpose of mellahs was upon the ascension of King Hassan II, Jews war has degraded our military, undermined
to protect Jewish communities. Mellahs de- were allowed to emigrate. King Hassan told
our nation’s influence in the world, vitalized
veloped center of services for royal authority the community: ‘‘. . . I have recognized your
like duties, minting coins, diplomacy, and rights as full-fledged Moroccan citizens. I re- terrorists, and left the American people more
royal merchants. quest that you will be the ambassadors of vulnerable to attack than we were before the
In the 1800s, Sir Moses Montefiore met Morocco wherever you may choose to emi- war.
with Sultan Ridi Muhammad b. ‘Abd al- grate and that you defend the reputation of Now, the National Intelligence Estimate con-
Rahman who issued royal decree proclaiming your country whenever it is maligned by the firms that while the administration vainly wres-
Jews in Morocco were protected by justice media through bad faith or ignorance’’. tles to salvage some semblance of victory in
under Moroccan law. That was the first major Jewish exodus Iraq, Osama Bin Laden and his followers are
A very important development in 1862 is from Morocco. Two-thirds of that population
poised for a resurgence. Al Qaeda’s terrorist
the creation of first school of the Alliance left Morocco for Israel and Canada. The sec-
Israelite in Tetouan. The result of this ond exodus was in 1967 during the Six-Day network, which was weakened but not de-
school significantly increased the education War and the third was in 1973 during the stroyed after we invaded Afghanistan, never
level of Jews as the network spread across Yom Kippur War. lost sight of its enemy. Today, al Qaeda poses
Morocco. This focus on education of the ex- This brings us to life today as a Moroccan as grave a threat to the United States as it did
isting 200–250,000 Moroccan Jews is a major Jew, both inside and outside the country. before 9–11.
force in their historical value as a commu- King Mohammad VI is a young and modern As long as we remain in Iraq, al Qaeda will
nity. For example, in 1991 King Hassan II monarch who faces worldwide pressure. His profit and the American people will pay the
said to Moroccan Jews in a speech ‘‘You pre- legacy to follow is that of a peacemaker,
price. The security of our Nation demands that
ceded the Arabs in Morocco, and you still often behind the scenes. His vision is to
stand out by a quality which distinguishes bring Morocco to a western level of develop-
we withdraw from Iraq and use all of our mili-
you in the cultural and religious fields. The ment. tary, intelligence and diplomatic resources to
Moroccan Talmudic School was universally Although the population of Jews within tear down the terrorist networks that want to
recognized as the best in the world.’’ Morocco has dwindled to approximately destroy our way of life.
Feast of the throne, 1943: ‘‘I consider the 3,000, there remains a vibrant community in- This Administration must stop blindly pan-
Jews as Moroccan citizens with the same full volved in many levels of society. dering to elitist dreams of rebuilding other na-
and equal rights, as their Moslem brothers. Although many of the Moroccan Jews have tions in our image. Protecting the American
Their property and their persons are invio- left, we still retain our unique blending of people is a fundamental purpose of our gov-
lable. I am completely opposed to the new Judaism and Moroccan culture. This infusion
anti-semitic laws, and refuse to be associated is apparent in:
ernment. The Iraq war is not advancing our
with measures which I disapprove. I wish to Religion: only Moroccan Jews pay homage national security; it is time to bring our troops
inform you that, as in the past, the Jews re- to sainted Rabbis buried on Moroccan soil. home.
main under my protection, and I will not tol- These pilgrimages, ‘‘hiloulahs,’’ involve a re- The Bush policy in Iraq has already cost the
erate any discrimination between my sub- turn to Morocco and a visit to the buried site lives of over 3,600 brave Americans, with over
jects.’’ which is tended and respected as well by Mo- 26,000 wounded. It has squandered and scat-
Moroccan independence from France great- roccan Muslims. tered resources that we should have devoted
hmoore on PRODPC68 with HMREMARKS
ly altered the Moroccan Jewish life. Anxiety Weddings in Israel and Moroccan Jews to our homeland security. And it has cost the
over the future mounted among Jews. In worldwide are preceded by Hennas—typical
1955, a year before Moroccan independence, of the Berber/Muslim religion. Also carrying
U.S. citizens over half a trillion dollars in hard
North African Jews represented 87% of new of brides on ‘‘litters’’. earned wages and lost Government services.
immigrants in Israel. In conclusion, there is more to bring Mo- When history is written, it might say that we
Even though the newly independent King roccans together than to separate them. The lost the first battle in the war against terrorism,
Mohammad V declared in 1956 ‘‘The Jews single biggest threat to unity is extremism. but I pray it will not say that we lost the war.
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E1582 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2007
IN RECOGNITION OF THE 90TH lost 11 young men in the Global War on Ter- Iraqis do. Hoshyar Zebari, the Iraqi foreign
BIRTHDAY OF THELMA NEWMAN ror, and we must never forget their sacrifice. minister, recently said of the dangers of a pre-
FRAZIER However, focusing solely on these grave mature U.S. military withdrawal, ‘‘The dangers
issues does not address the most basic ques- vary from civil war to dividing the country or
HON. STEPHANIE TUBBS JONES tion facing our Nation in Iraq. The fundamental maybe to regional wars. In our estimation the
question of Iraq is, ‘‘what are the con- danger is huge. Until the Iraqi forces and insti-
sequences of success and failure?’’ Unfortu- tutions complete their readiness, there is a re-
IN THE HOUSE OF REPRESENTATIVES
nately, the consequences of losing this war sponsibility on the U.S. and other countries to
Thursday, July 19, 2007 are rarely discussed, and I fear this legislation stand by the Iraqi government and the Iraqi
Mrs. JONES of Ohio. Madam Speaker, will likely be passed by this House. The people to help build up their capabilities.’’
today I ask you and my colleagues to join me Democrats are fond of saying that we have Madam Speaker, this is a delicate and dan-
in celebrating the life Thelma Newman Frazier ‘‘lost’’ in Iraq. While I do not agree with this gerous issue. It is essential that we have all
on the occasion of her 90th birthday. The assessment, I think they need to answer who the available facts before making decisions on
daughter of farm workers Eugene Newman we lost to. If we lost, who won? Can the how to move forward towards success. This is
and Kate Robinson, Thelma was born on July Democrats answer this question, and if they why I am looking forward to the September re-
26, 1917 in Richland County, AR. do, can the American people live with the an- port from General David Petraeus, the U.S.
Thelma is truly a child of God having ac- swer? The reality is that this ill-advised ap- Commander in Iraq, and U.S. Ambassador to
cepted Christ as her Lord and savior at an proach will have dire consequences on Iraq Iraq, Ryan Crocker. The progress report will
early age. She is a past member of Morning and the United States. provide essential information on the current
Star Missionary Baptist Church and currently With the premature withdrawal of American situation so Congress and the President can
attends Shalom Church City of Peace. Forces from Iraq this legislation accomplishes make an informed decision on the next steps
Thelma was united in holy matrimony to Na- the first step in al Qaeda’s four-prong plan in in Iraq.
thaniel Frazier, Sr. on April 17, 1941. To this Iraq. Starting with forcing the U.S. military out The Democrat plan has real consequences:
union were born two children, Katie M. McKin- of Iraq and ending with the use of Iraq and the the likely collapse of the Iraqi state and the
ney and Nathaniel Jr. Sadly, Nathaniel Jr. pre- wider Middle East to launch additional attacks creation of terrorist havens. It will embolden
ceded her in death. In 1952, Thelma and her on Western governments and the U.S. home- the terrorists and endanger the security of our
family migrated to St. Louis, MO. There she land, al Qaeda has a clear plan for global ter- homeland. Now is not the time for knee-jerk
became active in the community. A devout rorism. Unfortunately, the Democrats only pro- reactions. Now is the time for thoughtful con-
member of the Order of the Eastern Star, vide the American people with a clear plan for sideration, examination of the options and
Thelma worked tirelessly to carry out their defeat.
consequences, and creating solutions that will
Throughout the Iraq War, the President and
mission. make America more secure, not less. Al-
his military commanders have continually al-
Mrs. Frazier has been rewarded in life by though patience is not the word Americans
tered both strategy and tactics to meet the
her hard work and dedication to family. She want to hear, the consequences are too high
changing threats posed by our enemy. The
has a devoted daughter, Katie M. McKinney, to make uninformed decisions prior to review-
latest strategy, called a ‘‘New Way Forward,’’
son-in-law, Lewis L. McKinney Sr., 13 grand- ing the September progress report. For if we
was outlined by the President at the beginning
children, 22 great-grandchildren, and 7 great- bring the troops home prematurely, we also
of this year. This strategy included an addi-
great-grandchildren. Her hard work has influ- risk bringing the war home.
tional 21,500 American troops in order to
enced her family tremendously. She is proud Therefore, I ask my colleagues to join with
achieve a six-part strategy, which involves let-
of all their accomplishments. ting the Iraqis lead, isolating extremists, and me in opposition to this legislation.
The matriarch of her family, Mrs. Frazier f
create space for political progress.
continues to live independently in St. Louis This new strategy acknowledges that the
and is a constant support to her family through REV. DR. LARRY WAYNE ELLIS
Iraqis must ultimately take responsibility for AND FIRST LADY VANDERLER
her unconditional love and encouragement. If the security and stability of Iraq while under-
only every child was blessed to have had a ELLIS HONORING THEIR 20
standing that the Coalition Forces have an in- YEARS OF LEADERSHIP AT PIL-
mother, grandmother or aunt like Thelma tegral role in helping to provide security for the
Newman Frazier, the world would be a better GRIM BAPTIST CHURCH
country in order to allow the Iraqi government
place. Happy birthday Mrs. Frazier, and may and military to succeed. Since January, steps
you be blessed with many, many more. have been taken to fully implement the New HON. TOM LANTOS
f Way Forward plan, and only in the last month OF CALIFORNIA
have all additional forces finally been put into IN THE HOUSE OF REPRESENTATIVES
FROM IRAQ ACT place. Thursday, July 19, 2007
There is still much work to do, but coalition
forces are seeing some early signs of Mr. LANTOS. Madam Speaker, I rise today
progress from this approach. Sectarian mur- to congratulate Reverend Doctor Larry Wayne
HON. TODD TIAHRT ders in Baghdad are now down from January, Ellis and his wife, First Lady Vanderler Ellis,
OF KANSAS and because U.S. and Iraqi forces are living on their two decades of leadership at Pilgrim
IN THE HOUSE OF REPRESENTATIVES among the people they secure, many Iraqis Baptist Church, located in San Mateo, Cali-
are now coming forward with information on fornia, within my Congressional District.
Thursday, July 12, 2007 Pastor Larry Wayne Ellis, a native of Clarks-
where the terrorists are hiding. Progress is
Mr. TIAHRT. Mr. Speaker, I rise today in op- being made at the local level, including more ville, Tennessee, graduated in 1975 from Aus-
position to H.R. 2956, the so-called ‘‘Respon- tribal sheiks joining the fight against al Qaeda, tin Peay State University located in Ten-
sible Redeployment from Iraq Act.’’ This legis- citizens forming neighborhood watch groups, nessee. In 1981, Dr. Ellis earned a Master of
lation is short-sighted, dangerous, and will not young Sunnis signing up for the army and po- Divinity from Golden Gate Theological Semi-
bring our Nation closer to success or Iraq lice, and more Shia rejecting militias. nary. In 1988, he was awarded a master’s de-
closer to security. The only likely result would Although progress is being made, it is cer- gree in counseling psychology with an empha-
be to appease the anti-war activists and dam- tainly not moving at the speed I, nor the Amer- sis in marriage and family counseling from the
age the national security of the United States. ican people, want. However, the reality is that College of Notre Dame in Belmont. He earned
Throughout this country, Americans are the ‘‘New Way Forward’’ strategy has only re- a Doctor of Ministry degree in 1995 from the
growing weary with this war. No one likes war, cently entered full implementation. It has not Northern Baptist Theological Seminary in Lom-
and every loss pains us. Unfortunately the ar- had a chance for success or failure. To bard, Illinois. Currently, he is vice president
guments from the anti-war activists are be- change course at this time will only resolve us and professor at Southern Marin Bible Institute
coming persuasive. These activists have been to defeat, while not providing us an oppor- and teaches at Golden Gate Seminary.
hmoore on PRODPC68 with HMREMARKS
able to shape the debate on the war by focus- tunity to succeed. We must give the ‘‘New In August 1986, the Bay Area Baptist Con-
ing on the number of U.S. military casualties Way Forward’’ a chance, and not just resign gress of Christian Education named Dr. Ellis
and the level of violence in Iraq. I do not America and its military to failure and Iraq to president of their organization. He was se-
trivialize these issues. Every soldier’s death is civil war and a potential genocide. lected as Pastor of the Year in 1988, president
a horrendous tragedy for our Nation and a The Democrats may not understand the of the Ministers’ Council and moderator for the
family. In the 4th District of Kansas we have dangers of a withdrawal approach, but the Bay Area Baptist District Association.
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July 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1583
Dr. Ellis served at Mt. Zion Baptist Church 2000, Mr. Sutton led the development of a MAC THORNBERRY, CHARLES GONZALEZ, EDDIE
of Redwood City for nearly 10 years, serving unique process to search for and secure a BERNICE JOHNSON, SHELLEY BERKLEY, HENRY
as full-time minister during the last 4 years of new hospital president and CEO for Albemarle CUELLAR, CAROL SHEA-PORTER, JERRY
his tenure there. Dr. Ellis’ leadership has been Hospital, Elizabeth City, NC. MCNERNEY, PETER WELCH and JASON
instrumental in the revitalization of this Mr. Sutton served as past Vice-Chair of the ALTMIRE, I introduced this legislation to enable
Church. Dr. Ellis was called as the pastor of International Association of the Friends of Afri- the Department of State to respond to a crit-
Pilgrim Baptist Church on September 4, 1987. ca; past Chairman of the Albemarle Hospital ical shortage of passport processing personnel
In addition to his teaching and preaching at Authority Board of Commissioners; past Chair- by re-employing vital former employees. I am
Pilgrim, he consistently remains involved in man of the Albemarle Hospital Executive pleased that the House Foreign Affairs Com-
the community. In 1988, he founded Committee; past Chairman of the Personnel mittee decided to send the Senate bill, similar
C.H.O.I.C.E.S., a drug information and referral and Grievance Committee of the Albemarle in purpose to my bill, to the floor in an effort
non-profit agency. He also serves on several Hospital Board of Trustees; and past Co-Chair expedite the process. With passage of S. 966,
civic and corporate boards. In 1996, Dr. Ellis of the Community Relations Committee of the State Department can begin working to re-
achieved one of his most recent accomplish- Elizabeth City, NC. He also served as Treas- duce the passport backlog.
ments when he became an Adjunct Professor urer of the North Carolina 12th District I am hopeful that this legislative action will
at Golden Gate Seminary in Mill Valley, Cali- NAACP, past member of the North Carolina go far to ease the difficulty and delay many of
fornia. Among his many other accomplish- Cultural Alliance, and past member of the our constituents have experienced in getting
ments is the fact that, in 1998, he taught in North Carolina Council on Alcoholism. or renewing their passports.
Russia. Additionally, in 1999, he was selected Mr. Sutton’s work reaches far beyond Eliza- f
as President of Congress Christian Education. beth City. His article ‘‘Ernest R. Sutton: Grow-
He currently serves as Vice President of the ing Potential,’’ which emphasizes his passion RECOGNIZING ANTONIO
State Congress of Christian Education. In for leadership and human resources develop- MANIBUSAN PALOMO
1999 Pastor Ellis also founded ‘‘Teach The ment, was featured in the September 2002
Word’’ radio ministry. In 2002, he became issue of Trustee Magazine. He was also inter- HON. MADELEINE Z. BORDALLO
President and Chief Executive Officer of the viewed on diversity in health care in the OF GUAM
Pilgrim Organization, Inc., a youth through Bridges Magazine—Institute for Diversity in IN THE HOUSE OF REPRESENTATIVES
senior non-profit organization. Health Management in the Fall of 2002. As Thursday, July 19, 2007
He is married to the former Vanderler Hines President of Faith Consultants, LLC, Mr. Sut-
and proud father of three children, Tawana, ton has conducted several health care lectures Ms. BORDALLO. Madam Speaker, I rise
Justin, and Austin. and seminars at local universities and for today to recognize Mr. Antonio Manibusan
Madam Speaker, I urge my colleagues in many religious organizations. Palomo for a lifetime of service to our commu-
the House to join me in offering sincere con- Mr. Sutton has received many awards for nity, and for his efforts to preserve Guam’s
gratulations and respect for the 20 years of his work. In 1984, he was the recipient of history and culture. Mr. Palomo, a prolific writ-
dedication and service that Pastor Larry NAACP Outstanding Humanitarian Award, and er and long-time reporter for Guam media,
Wayne Ellis and his wife, Vanderler Ellis, have went on to receive the silver, gold, and plat- and a former Guam lawmaker, recently retired
given to the Pilgrim Baptist Church commu- inum Gavel Awards from the Governance In- as the administrator of the Guam Museum on
nity. stitute of Physicians, Trustees and Healthcare June 13, 2007.
Executives in La Jolla, CA. In 2002, he re- Tony was born in 1931 in Hagatna, the eld-
ceived the North Carolina Hospital Association est of the nine children of the late Vicente
TRIBUTE TO MR. ERNEST R. Trustee Service Award: Trustee of the Year, Gogo Palomo and Dolores Lydia Mendiola
SUTTON and received the Harvard School of Conflict Manibusan. He attended Guam’s prewar
Resolution and Healthcare Negotiations: Grad- Padre Palomo and Agana Elementary Schools
HON. G.K. BUTTERFIELD uate with Distinction Award. and graduated from George Washington High
OF NORTH CAROLINA Over this extensive career, Mr. Sutton has School. He also attended Belmont Abby Pre-
IN THE HOUSE OF REPRESENTATIVES made a tremendous impact on his community. paratory School in Belmont, North Carolina,
Through his commitment and devotion to serv- and Marquette University in Milwaukee, Wis-
Thursday, July 19, 2007 consin, graduating from Marquette’s College of
ice, he has helped to lay the ground work for
Mr. BUTTERFIELD. Madam Speaker, I rise continued change in both Elizabeth City and Journalism in 1954. He worked full-time as a
to pay tribute to an outstanding citizen, Mr. Er- beyond. I ask that all of my colleagues join me copy boy for the Milwaukee Sentinel while in
nest R. Sutton. Mr. Sutton, a native of Eliza- in paying tribute to an exemplary citizen, Mr. school. Upon his return to Guam, Tony ap-
beth City, NC, is retiring after 36 years of Ernest Sutton. plied his skills as a proofreader, a general as-
loyal, dedicated service to the North Carolina f
signment reporter, a sports editor, and an as-
Department of Correction. He has served this sistant managing editor for the Guam Daily
department in many capacities and now com- PASSPORT BACKLOG REDUCTION News, forerunner of the Pacific Daily News.
pletes his career as the Superintendent for the ACT OF 2007 He also served as a correspondent for the As-
Pasquotank Correctional Institution. Mr. Sutton sociated Press and as a stringer for the Pa-
SPEECH OF cific Stars and Stripes.
is a graduate of Elizabeth City State University
in 1977 with a bachelor’s of science degree in HON. MICHAEL E. CAPUANO During his long career as a journalist, Tony
political science. OF MASSACHUSETTS
served as editor of the Pacific Journal, a daily
I have had the privilege of knowing Mr. Sut- IN THE HOUSE OF REPRESENTATIVES
newspaper; as publisher-editor of Pacific Pro-
ton for many years as a friend, supporter, and file, a monthly magazine; and editor of the
community leader in the Albemarle Region of Monday, July 16, 2007 Pacifican, a weekly newspaper.
our state. I first met Mr. Sutton when he was Mr. CAPUANO. Madam Speaker, I rise He then served as a special assistant to
intricately involved in the Southern Christian today in strong support of the passage of S. Guam’s first elected Governor, Carlos G.
Leadership Conference, an organization 966, a bill that will help ease the lengthy Camacho, and as administrative director and
founded by Dr. Martin Luther King, Jr. delays that citizens are experiencing obtaining records manager for the Eighth Guam Legisla-
Mr. Sutton currently serves as the Chairman a passport. ture before being elected to the legislature
of the Leadership Development and Govern- The House will have the opportunity to pass himself. Tony served in the 12th, 14th, and
ance Committees for the American Hospital amendments to S. 966, the Passport Backlog 15th Guam Legislatures. As a lawmaker, Tony
Association. He is also a member of the Eliza- Reduction Act. The Senate passed the bill, chaired the legislature’s Committee on Rules
beth City-Pasquotank County Community Re- originally introduced by Senator SCHUMER, by and the Committee on Territorial and Federal
lations Committee. unanimous consent on June 29. Affairs, which spearheaded the movement for
hmoore on PRODPC68 with HMREMARKS
Madam Speaker, Mr. Sutton is an activist After hearing from many constituents about a change in Guam’s political status. He served
for change. In 1997, he introduced the first problems they were having, I introduced my I as president of Guam’s first Constitutional
Hospital/Prison ‘‘Health Fair’’ in North Caro- own bill, H.R. 2960, the Department of State Convention in 1969 and was a member of
lina, and played a key role in the transition of Crisis Response Act of 2007. Along with my Guam’s first Commission on Self-Determina-
Albemarle Hospital from county owned to a colleagues Representatives LOUISE SLAUGH- tion. He served briefly as general manager of
free standing Regional Hospital Authority. In TER, RUBEN HINOJOSA, TED POE, AL GREEN, the Guam Tourist Commission, predecessor of
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E1584 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2007
the Guam Visitors Bureau, and as Guam’s only the first step of the coming reallocation of treatment. We can go in there and negotiate
delegate to the South Pacific Conference in resources in the nuclear complex. Only in rec- our priorities and come away with a good
Noumea, New Caledonia, in 1969, and as ad- ognizing, accepting, and ultimately embracing product.’’ No one who follows the Appropria-
viser to the U.S. delegation to the South Pa- this shift, will the lab ensure that they continue tions process should be shocked by this nego-
cific Commission. to serve in their leading role in combating ex- tiating tactic.
In 1982, Tony served as special assistant to isting national security threats as well as oth- In the meantime, the Senate Appropriations
the assistant secretary of the U.S. Department ers that are sure to emerge. Committee reported a bill to the full Senate
of Interior. He later served as desk officer for That is why today, Mr. Chairman, I will be that provides hundreds of millions of dollars in
American Samoa and the U.S. Virgin Islands voting in favor of the Energy and Water Ap- funding increases for LANL. The Senate has
and as DOl’s field representative in Guam propriations bill. In so doing, I am voting for yet to pass their legislation, but when they do,
from 1986 until 1994. He also served as act- the future of the lab. I am voting for what I be- as we know, a conference committee will con-
ing assistant secretary of the Interior for Terri- lieve will be a future as bright as past in help- vene to negotiate the differences between the
torial and International Affairs. ing this country meet its national security chal- two versions of the legislation. I am confident
He served as chairman of Guam’s Political lenges. But as I do, I vow to help the leader- that the final conference report will result in
Status Education Coordinating Commission, ship at the lab make this diversification a re- the restoration of funding for the core mission
which produced and published the ‘‘Haleta’’ ality. I vow to help the lab remain the pre- of the Lab, just as my amendment would have
(‘‘roots’’) series of history textbooks for eminent lab in the country, home to the best done.
Guam’s public schools. He is a member of the scientists in the world. And I will certainly be working for restoration
Chamorro Historic Society, the Guam Human- Before we vote, however, I would like to of these funds through conference. Neverthe-
ities Council, the Chamorro Heritage Institute briefly recap the steps in the Appropriations less, the process to this point must serve as
Planning Group, the Manenggon Memorial process that have brought us to this point a signal that change is needed if the funding—
Foundation, the Fena Memorial Committee, today. In May, the Appropriations Sub- and the permanence—of the lab is to be cer-
the Guam Preservation Trust, the Council on committee on Energy and Water marked up its tain. It would be folly to assume that the status
Cultural Tourism, and GVB’s subcommittee on Fiscal Year 2008 bill and reported it to the full quo and a static mission will be enough in the
Community Development, and is the corporate Appropriations Committee. This bill included years to come. Instead, I hope the idea of di-
secretary of the Latte of Freedom Foundation. funding cuts that would affect the core mission versification is strongly embraced and pursued
Tony still makes time to teach History of of the Lab, which gave me great concern. The by LANS, not only to strengthen the lab and
Guam courses at the University of Guam and bill also postponed funding for the RRW and its work force, although that is also important,
the Guam Community College today. He con- CMRR, projects I have been skeptical of since but because the capacity of the lab to produce
tinues his long membership in the Knights of first being proposed. I am not the only one scientific greatness in pursuit of solving the
Columbus, having served as grand knight, skeptical of these programs, which is why this gravest threats to our nation and to the world
deputy grand knight, recorder, and trustee; as bill also wisely included a provision requiring is too important.
well as in the Young Men’s League of Guam, the Administration to thoroughly evaluate and I have received assurances from the NNSA
for which he as held the positions of director, prepare a plan outlining the specific need for that diversifying the mission of the lab is pos-
historian, and chairman of the Council of El- not only these projects, but for our entire nu- sible, but the leadership of the lab must take
ders. He is a past member of the Benevolent clear stockpile before authorizing millions the initiative to start the process. In fact, there
and Protective Order of Elks and the Rotary more taxpayer dollars. are ongoing discussions at this time about a
Club of Tumon, and served on the governor’s On the other hand, the bill we considered in possible diversified mission for LANL. As we
Vision 2001 and Vision 2005 committees on committee included an unprecedented and continue the funding process, it is now up to
Family Values and Education and Culture. long overdue investment in energy efficiency, LANL to decide whether it wants to diversify
Mr. Antonio Manibusan Palomo’s many con- renewable energy, and climate change re- and thrive, or remain focused only on its cur-
tributions to the history, language and culture search. I applauded the Chairman’s vision for rent mission, which, as we have seen this
of Guam are significant, and today we com- these investments, both because it is needed year, means an uphill battle. I have strongly
mend him for his lifetime of service to our to enhance our nation’s security for the future, advised and urged the leadership at the lab to
community. but also because I firmly believe that the top- see that diversification is the only way to en-
notch scientists at LANL have valuable con- sure the future of the lab. I hope that those at
tributions to make in these areas. During this the lab believe the same and that in the very
ENERGY AND WATER DEVELOP- discussion, I received assurances from the near future we will begin to see a true, sub-
MENT AND RELATED AGENCIES Chairman that LANL will have access to these stantive move toward this important goal.
APPROPRIATIONS ACT, 2008 new funds, but they must actively compete for f
INTRODUCTION OF THE DENTAL
SPEECH OF The bill was voice-voted in Committee a few
HEALTH PROMOTION ACT OF 2007
weeks ago and was brought to the floor. Dur-
HON. TOM UDALL ing that debate, I led the fight to protect the
OF NEW MEXICO
core mission of the Lab, offering an amend- HON. RON LEWIS
IN THE HOUSE OF REPRESENTATIVES ment to restore $192 million in funding for the OF KENTUCKY
Tuesday, July 17, 2007 Road Runner Supercomputer, the Science IN THE HOUSE OF REPRESENTATIVES
The House in Committee of the Whole campaign, and the Lab’s facilities. Not only Thursday, July 19, 2007
House on the State of the Union had under are these areas needed for the lab to effec- Mr. LEWIS of Kentucky. Madam Speaker, I
consideration the bill (H.R. 2641) making ap- tively conduct its core mission, but they will rise to inform my colleagues of legislation I
propriations for energy and water develop- also be needed for diversification. However, have introduced today to broaden applications
ment and related agencies for the fiscal year my amendment was not an endorsement of for personal health accounts.
ending September 30, 2008, and for other pur- the status quo regarding our nuclear weapons The legislation that I have proposed will
poses: policy. Unfortunately, my amendment was de- amend existing Internal Revenue Service
Mr. UDALL of New Mexico. Mr. Chairman, feated. Code to permit the purchase of dental care
we as leaders must face and prepare for the However, during all of this, what became items, including fluoride toothpaste, powered
reality that America’s nuclear footprint is clear was that part of these funding issues for and manual toothbrushes, dental floss, dental
shrinking and that in the coming years our na- LANL had to do with preparing for conference cleaners, oral irrigators, and preventive and
tional priorities will shift to address the looming with the Senate. As the gentleman from Ten- therapeutic mouth rinses and toothpastes.
energy crisis. With that in mind, it is abun- nessee, Mr. WAMP, stated on the House Floor, Specifically, my proposal adds a definition to
dantly clear that the mission and purpose of ‘‘. . . this is the beginning of the process. I the IRS Code for medical care tax treatment
Los Alamos National Laboratory, located in my know Senator Domenici is going to weigh in. to include ‘‘products used to diagnose, cure,
hmoore on PRODPC68 with HMREMARKS
district, must be diversified to ensure its future I love it, because these House leaders have mitigate, treat, or prevent the onset of tooth
permanence and to utilize its full potential for given the House a better position to negotiate decay, periodontal diseases, and conditions
scientific research. I stand resolutely behind this bill from than we have ever had in my ten- ailing the teeth, gums, and mouth or affecting
LANL, and will continue to fully support the ure here, because we need that leverage. the proper function thereof.’’
men and women who work there, but they Frankly, the Senate has rolled us on this bill Personal health care accounts are funding
must recognize that the bill before us marks for many years. Not any more. We get fair arrangements where health care expenses are
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July 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1585
paid or reimbursed with funds set aside in pre- UNITED STATES NEEDS TO THE BIPARTISAN IMPORT SAFETY
tax accounts. These pre-tax contributions can INVEST IN FINANCIAL LITERACY ACT OF 2007
be made by the employer, the employee, or
both, depending on the type of account. In re- HON. DONALD M. PAYNE HON. MARK STEVEN KIRK
cent years, Congress has worked to make OF NEW JERSEY OF ILLINOIS
these accounts more accessible and easier to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES
Thursday, July 19, 2007 Thursday, July 19, 2007
Expanding access to tax free savings ac- Mr. KIRK. Madam Speaker, last month, the
counts is a sensible way to help individuals Mr. PAYNE. Madam Speaker, there is an
urgent need for the United States to invest in U.S. Consumer Product Safety Commission
manage health care costs and have greater and toy company RC2 announced a recall of
control over their own care options. I believe financial literacy. On June 15, 2007, the
Washington Post reported that, according to 1.5 million various Thomas & Friends wooden
this addition will create better opportunities for railway toys because they might contain dan-
the Mortgage Bankers Association, ‘‘the per-
dentists and patients to provide and receive gerous amounts of lead.
centage of U.S. mortgages entering fore-
better quality dental care, which is especially Lead poisoning causes vomiting, diarrhea,
closures in the first three months of the year
important in rural and lower-income commu- convulsions, anemia, loss of appetite, abdom-
was the highest in more than 50 years.’’ With
nities across the country. aggressive subprime lenders preying upon inal pain, irritability, fatigue, constipation, dif-
I urge my colleagues to support this bill. unknowledgeable yet eager homeowners, ficulty sleeping, headaches and coma. It can
foreclosure rates around the country have even be fatal.
f reached unprecedented heights. The toys on recall are made in China and
are retailed throughout the United States.
On June 10, 2007, the New York Times re-
DEPARTMENTS OF LABOR, In March, a wave of pet deaths revealed
ported that ‘‘private loans have become the
HEALTH AND HUMAN SERVICES, toxic chemicals in Chinese-manufactured pet
fast-growing sector of the student finance mar-
AND EDUCATION, AND RELATED food. The U.S. Food and Drug Administration
ket, more than tripling over five years to $17.3
AGENCIES APPROPRIATIONS investigated and nearly 100 brands of pet food
billion in the 2005–2006 school year, accord-
ACT, 2008 made with the ingredient were ordered re-
ing to the College Board.’’ Yet, in that same
article, it was reported that many students fail
A few weeks ago, consumers were advised
to understand the risks associated with private
SPEECH OF to discard all toothpaste made in China after
loans as opposed to federally subsidized
federal health officials found toothpaste con-
HON. CAROL SHEA-PORTER loans. Along those same lines, easy access to
taining a poison used in antifreeze.
credit cards without the understanding of its
OF NEW HAMPSHIRE Then it was Thomas the Tank Engine. Just
potential pitfalls has led to the indebtedness of
about every family with young kids in America
IN THE HOUSE OF REPRESENTATIVES many college students.
knows Thomas the Tank Engine well.
According to the Bureau of Economic Anal- On Tuesday, about 40 tubes of potentially
Wednesday, July 18, 2007 ysis, personal savings for Americans in May toxic toothpaste fraudulently labeled Colgate
2007 was negative $139.8 billion, which was ‘‘Triple Action’’ were pulled from the shelf of a
The House in Committee of the Whole
an $18 billion increase from the previous discount store in Arlington Heights, Illinois.
House on the State of the Union had under
month. The Federal Reserve Board stated that Congress needs to send a clear notice to
consideration the bill (H.R. 3043) making ap-
propriations for the Department of Labor, consumer debt has exceeded $2.4 trillion as importers that goods which threaten the safety
Health and Human Services, and Education, of May 2007. According to the 2007 Retire- of kids will be left to rot on America’s docks.
and related agencies for the fiscal year end- ment Confidence Survey conducted by the That is why I am introducing H.R. 3100, the
ing September 30, 2008, and for other pur- Employee Benefit Research Institute, it is not bipartisan Import Safety Act of 2007, to in-
poses: registering with American workers that the crease penalties for willful violators of federal
U.S. retirement system is no longer one of de- regulations on imported goods and increase
Ms. SHEA-PORTER. Madam Chairman, I fined benefits but that of defined contributions.
rise today in strong support of this amendment our commitment to overseas inspections by
In fact, fewer than 50 percent of workers have the FDA and the Commission. This will in-
which will put a stop to the unacceptable eval- retirement savings and investments over
uation component of the Upward Bound Pro- crease the ability of the U.S. Government to
$25,000. halt the importation of pet food, toothpaste or
gram that turns our Nation’s students into These facts are unfortunately not surprising. children’s goods that could present a danger
guinea pigs for the Department of Education. The results from the JumpStart Coalition for to Americans.
This evaluation requires that institutions re- Personal Financial Literacy’s 2006 survey
ceiving Upward Bound funds, such as the Uni- showed that of the approximately 5,700 high
versity of New Hampshire, recruit TWICE as school seniors nationwide tested, participants 33RD ANNIVERSARY OF THE
many students than can be served, with the scored slightly above 52 percent on a test of TURKISH INVASION OF CYPRUS
intent to deny half of these applicants and use very basic financial literacy skills.
them as a control group—receiving no Upward The United States must address this grow- HON. ZACHARY T. SPACE
ing problem of financial illiteracy. The con-
Bound assistance at all. I find this bait and OF OHIO
sequences, as shown by these statistics,
switch, which comes at the expense of our IN THE HOUSE OF REPRESENTATIVES
could be dire if more is not done. I would en-
students, to be offensive, downright cruel, Thursday, July 19, 2007
courage the Federal Government to take
and—at best—unethical. proactive measures to stem this tide. The De- Mr. SPACE. Madam Speaker, tomorrow
I recently introduced H.R. 2700 to suspend partment of Education, in particular, can play marks the 33rd anniversary of Turkey’s illegal
this study and prevent the other harmful a key role in reversing this negative trend by invasion and occupation of Cyprus, which oc-
changes the Administration has made to the instilling the principles of fiscal discipline while curred on July 20, 1974. This black anniver-
Upward Bound program. This amendment to our children are still in their formative years sary commemorates 33 years too long of suf-
prohibit funding for this study is another and in fact, can work to incorporate these val- fering and injustice for the people of the Re-
means by which we can right this wrong. ues into already existing subjects such as public of Cyprus.
The goal of Upward Bound is to support our mathematics, social studies and business Thirty-three years ago, Turkish troops in-
classes. vaded Cyprus in flagrant disregard for inter-
students in their efforts to obtain a college de-
As a matter of fact, I will soon be intro- national law. As a result, an estimated
gree. We must not undermine these efforts
ducing the Youth Financial Education Act 160,000 true Cypriots were displaced and an-
hmoore on PRODPC68 with HMREMARKS
with this unethical study.
which would authorize monies for financial lit- other 5,000 Cypriots were killed. The current
I urge my colleagues to protect the integrity eracy through State block grants and through occupied area is notably one of the most high-
of this program by standing with us, and our the Fund for the Improvement of Education. I ly militarized areas in the world with 43,000
students, by supporting the Gwen Moore-Tom hope to work with other Members of Congress Turkish troops stationed there illegally. In an
Cole-Bobby Scott-Carol Shea-Porter amend- and appropriators to see this important initia- act of further defiance, in 1983, Turkish Cyp-
ment. tive realized. riots declared themselves a sovereign nation.
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E1586 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2007
To date, they are the only ones who recognize COSPONSORSHIP OF H.R. 1400, THE bill’s authors that such Presidential waiver au-
themselves as such. IRAN COUNTER-PROLIFERATION thority has been utilized far too frequently—in
Together with both the E.U. and the U.N., ACT OF 2007 fact, the international sanctions contained in
the Iran Sanctions Act have never been uti-
the U.S. has been a strong ally of the Repub-
lic of Cyprus, and we owe it to her to continue HON. EDWARD J. MARKEY lized because they have been waived every
OF MASSACHUSETTS year! However, I am concerned that by remov-
our steadfast support. As a Congress, we
IN THE HOUSE OF REPRESENTATIVES ing the waiver altogether, we will go too far in
must uphold our Nation’s pledge to advance the other direction.
the July 8th agreement that President Thursday, July 19, 2007
A number of American allies would be tar-
Papadopoulos and Turkish Cypriot leader Mr. MARKEY. Madam Speaker, I am proud geted by a universal application of the sanc-
Mehmet Ali Talat reached a year ago. This to cosponsor H.R. 1400, the Iran Counter-Pro- tions contained in H.R. 1400, and while it may
agreement would begin the process of setting liferation Act of 2007. This bill will give the be desirable in many cases to do so,
up bi-communal committees and working United States far superior economic and polit- leveraging such costly sanctions against our
groups to address day-to-day issues facing ical leverage against Iran’s ongoing and dan- international partners could in certain cir-
those caught up in this conflict. gerous nuclear program by significantly cumstances make it more difficult to convince
strengthening our sanctions package against these countries to support our efforts to obtain
Unfortunately, Talat is not only yet to move
Tehran. further multilateral sanctions against Iran. No
forward with his earlier promise, but has also The necessity for the United States and the
now gone back on his word. We must work to country and no corporation should get a free
world to negotiate a final termination to Iran’s pass to conduct business in Iran, but at the
convince Talat that it is in his best interest, nuclear program cannot be overstated. The same time we must retain the flexibility nec-
and in the best interest of Turkish Cypriots, to signals that Iran’s nuclear program may not be essary to assure success at the multilateral
cooperate. They will be left behind and without peaceful are legion: Iran is in violation of its level. For this reason, I intend to work with my
a seat at the table if they choose to disregard International Atomic Energy Agency safe- colleagues to make sure that a tightly-crafted
plans for progress toward a solution. guards agreement, it has yet to explain dec- waiver authority is included in the final legisla-
Meanwhile, Greek Cypriots continue working ades of deception surrounding their nuclear tion—not to encourage its use, but to ensure
toward their national commitment. The Repub- research and construction programs, it is pur- that the United States retains the flexibility that
lic of Cyprus took the initiative to demolish a suing a uranium enrichment program which we must have to be successful.
portion of the fortification at Ledra Street in the could eventually produce weapons-grade ura- It is also very important that H.R. 1400 in-
capital of Nicosia. Opening up this crossing nium, and it is building a heavy-water nuclear cludes a provision clarifying that nothing in the
point was a confidence building step, as was reactor which will produce plutonium which act authorizes the use of force or the use of
could be used for weapons. the United States Armed Forces against Iran.
demolishing a Cypriot National Guard post in
An Iranian nuclear weapon could threaten I believe that our best strategy for success
Kato Pyrgos in an effort to open up another the United States, the security of the Persian
crossing point. against the Iranian nuclear program will be a
Gulf, and it would certainly threaten one of our strong combination of economic sanctions, po-
There are steps members of this House can greatest allies, Israel. Iran’s position in the re- litical engagement, and multilateral pressure
take to show support for the people of the Re- gion has unfortunately been greatly strength- with a clear and persuasive package of bene-
public of Cyprus. We can cosponsor legisla- ened by our misadventure in Iraq, and the re- fits to Iran in exchange for the renunciation of
tion to resolve the Cyprus problem—H.R. gime in Tehran may believe that with a nu- their nuclear program. A successful strategy
1456, H. Res. 405, and H. Res. 407. clear bomb they could become the regional does not involve the use of force, and in fact
H.R. 1456 enables U.S. citizens who own hegemon, the local strong-man. Such an out- the use of force against Tehran would most
come would be disastrous for the stability of likely backfire by solidifying the domestic polit-
property in Turkish-occupied Cyprus to seek fi-
the region, and would be deeply threatening to ical support for the hard-line regime which is
nancial remedies with either current inhab-
the United States and our allies. We must do continually loosing the support of its people.
itants of their land or the government of Tur-
everything we can to avoid this scenario. The I believe that we can solve the Iranian nu-
key. The intent here is to ensure that property Iran Counter-Proliferation Act will put stronger
not only benefits the lawful owner, but also clear issue with smart diplomacy, forceful en-
arrows in the diplomatic quiver of the United gagement, unilateral and multilateral sanc-
that it stays out of the hands of illegal squat- States through its expanded sanctions pack-
ters. tions, and a sophisticated understanding what
age, and it hopefully will help us find a resolu- combination of sticks and carrots will be per-
H. Res. 405 expresses the sense of Con- tion to this important issue. suasive to the decision-makers in Tehran.
gress for the support and implementation of Iran’s development of a nuclear weapon While it is my opinion that most of the Bush
the July 8th agreement as a way forward for would also be a deeply damaging blow to the Administration’s efforts in this regard have
the reunification of Cyprus. And H. Res. 407 Nuclear Nonproliferation Treaty, and could sig- been heavy-handed, ideologically rigid,
expresses the support of the House of Rep- nal the death-knell for international efforts to uncreative, and ultimately counter-productive, I
resentatives for the positive actions of the Re- halt the spread of the bomb. An Iranian nu- believe that some of their recent actions point
public of Cyprus to open more crossing points clear weapon would so dramatically alter the to the slow adoption of a more sophisticated
and to reach a cease-fire. balance of power in the Middle East and Cen- approach towards this extremely important
tral Asia that other nearby countries could de- problem. The Iran CounterProliferation Act will
These are all bills that I’m a cosponsor of, cide that they must pursue a weapons pro-
and I urge other members to join me in my help strengthen this approach, and will help us
gram as well to protect themselves from the ratchet up the pressure on Iran. It is yet to be
support for these worthwhile measures. sway of Iranian regional hegemony. In such a seen whether the Bush Administration will be
As a Greek American and as a member of scenario, an Iranian bomb could spur the de- wise enough to couple this bigger stick with a
the Hellenic Caucus, I could not feel more velopment of a Saudi bomb, an Egyptian bigger carrot, and I hope that they do so. Far
strongly about the reunification of Cyprus. The bomb, or a Turkish bomb. If the cascading se- too much hangs in the balance, and the
issue is straightforward and clear: we must aid curity implications for the region from an Ira- United States strategy must be smart, adapt-
our ally, the Republic of Cyprus, in righting the nian nuclear weapon did lead to neighboring ive, and tough.
wrongs of the past 33 years. I cannot think of countries also pursuing nuclear programs, the I urge adoption of the bill.
a better day than today, on the eve of the NPT may truly be shattered beyond repair. f
33rd anniversary of the Turkish invasion, to While I support H.R. 1400 and am proud to
express my conviction on the matter. cosponsor it, I am concerned that one provi- ‘‘LANDMARKS’’
sion of the bill may have the unintended con-
Tomorrow, we must both remember the past sequence of undermining our international ef- HON. JACK KINGSTON
and look to the future. In recognizing the sig- forts to unify all governments around the world
hmoore on PRODPC68 with HMREMARKS
nificance of July 20th for the citizens of the against Iran’s dangerous and destabilizing nu- IN THE HOUSE OF REPRESENTATIVES
Republic of Cyprus, we must recommit our- clear program. This bill would remove the
selves to the cause of restoring the island na- President’s ability to waive sanctions against Thursday, July 19, 2007
tion to its rightful inhabitants. I ask for the sup- foreign countries and corporations if the sanc- Mr. KINGSTON. Madam Speaker, during
port of my colleagues in this worthy under- tions could harm the national security interests the July 4th holidays with my family, I heard
taking. of the United States. I share the view of the the following inspirational sermon in Denver,
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July 20, 2007 CONGRESSIONAL RECORD — Extensions of Remarks E1587
Colorado. I would like to share it with my fel- live or die, sink or swim, succeed or fail, I A warning from Deuteronomy 8:7–14: ‘‘The
low colleagues: stand behind this document. And if God wills Lord your God is bringing you into a good
LANDMARKS it, I am ready to die in order that this coun- land . . . brook of water, fountains and
try might experience freedom!’’ That is pa- springs, a land of plenty, vines and trees, a
(By Bill Huth) triotism which led men, armed with little land in which you will plenty to eat and lack
I am deeply grateful to be a citizen of the more than hunting rifles, to engage in battle nothing. A land that will provide you the
USA and I know that it is a privilege to be with, what was then the most powerful na- tools. Take heed lest you forget the Lord
an American. tion on earth. Many of our forefathers paid a your God by not keeping his commandments
I love this week and the 4th of July: terrible price in the Revolutionary war, but and his statues. You shall remember the
Watermelons are juicy finally they won the victory so that you and Lord God for it is He who gives you power
Flags are waving from businesses and homes I might be citizens of this ‘‘land of the free . . . Lest you forget the Lord your God and
Fireworks light up the night sky and the home of the brave.’’ go after other gods and serve them . . . on
Families are cooking hot dogs and dousing Because of them a landmark has been es- that day you will perish because you would
them with mustard and relish tablished and my responsibility is to tend not obey the voice of the Lord.
Churches gather to sing patriotic hymns the Tree of Liberty.
Another landmark is our commitment to When, as a nation, our courts and leaders
Apple pies bake in the ovens want to remove the sacred Scriptures, the
There is a sharp crack to the sound of base- Religious Freedom. In the early days of the
country, it was made clear that Congress Ten Commandments, the prayers, no Bibles,
ball bats the Motto . . . what is next? Will there be
We see old John Wayne movies would not establish a state religion, that
Americans would be free to worship God ac- censorship of the pulpits of the land? Out of
There are Parades and we sing ‘‘The Star this pulpit to achieve political correctness?
Spangled Banner’’ cording to the dictates of their own con-
science. That is our freedom, to worship, or It is fascinating and inspirational to know
We pray for the nation and for peace
Everywhere we discover Red, White, and
Peter Marshall prayed before the U.S. Sen- Twelve of the original thirteen colonies in-
ate, ‘‘Lord Jesus, thou who art the way, the corporated the entire 10 commandments into
People and families intentionally come to
truth and the life, hear us as we pray for the their civil and criminal codes.
the YMCA of the Rockies
truth that shall make all free. Teach us that
These are Landmarks to mark the birth- George Washington said, ‘‘It is impossible
liberty is not only to be loved but also to be
day celebration of the USA! to govern the world without God and the
lived. Liberty, Lord, is too precious to be
In ancient times, boundary stones or land- Bible.’’
buried in books, costs too much to be
marks identified personal property. Bound- hoarded.’’ That we have heard so much talk of the
aries in Israel were sacred because God French writer Alexis de Toqueville, after ‘‘separation of church and state’’ when we
owned the land. To extend ones property by visiting America in 1831 wrote, ‘‘I sought for find that the phrase does not appear in the
moving the landmarks was a violation of the the greatness of the U.S. in her commodious constitution. It was coined from a letter that
covenant and sacred oath. To move a land- harbors, her ample rivers, her fertile field, was penned by Thomas Jefferson to the Dan-
mark was to renege on the commitment to and boundless forests . . . and it was not bury Baptist Association assuring them that
God’s promise. there. I sought for it in her rich mines, her he would keep the Government out of the
Unfortunately, moving a boundary stone vast world commerce, her public school sys- Church, and not the church out of govern-
was and still is a major problem—not so tem, and in the institutions of higher learn- ment.
much in the realm of property—but those ing . . . but it was not there. I went into the When our Presidents take the oath of of-
founding principles, the landmarks, the an- churches of America and heard her pulpits fice, they place their hand on the Bible and
cient boundaries on which America was flames with righteousness and I understood concludes the oath of office by affirming ‘‘so
founded. Those landmarks have either been the secret of her genius and power: America help me God.’’
forgotten or diluted in this relativistic, is great because America is good, and if The constitutions of all states mention
postmodern age when everything seems to be America ever ceases to be good, America will God.
up for grabs, with no absolutes, and everyone cease to be great!’’
interprets things the way they personally The final landmark is very sacred and spe- Abraham Lincoln, the besieged 16th Presi-
see them. cial to each one of us. Our Constitution ends dent, said this over a nation on the brink of
Lets talk today about some of these per- with ‘‘In the year of our Lord.’’ Our National the Civil War, ‘‘We have been the recipients
manent landmarks that we should recall and Motto is ‘‘In God we trust.’’ The Pledge of of the choicest bounties of heaven, but we
revere. Allegiance states ‘‘One nation, under God.’’ have forgotten God and his gracious hand
A poet wrote: ‘‘We eat from orchards we The landmark is our faith in God, the Divine which preserved us in peace and multiplied
did not plant. We drink from wells we did not Creator. and enriched and strengthened us, intoxi-
dig. We reap from fields we did not sow. Fires Patrick Henry, first governor of Virginia cated with unbroken success, we have be-
we did not kindle warm us. Roofs we did not and member of the Continental Congress come too self-sufficient to feel the necessity
build shelter us. We are blessed by monies we stated, ‘‘It cannot be emphasized too strong- of redeeming and preserving grace, too proud
did not give.’’ ly or too often that this great nation was to pray to the God who made us.’’
A landmark will always be that of Sac- founded, not by religionists, but by Chris- Presidents Roosevelt, Wilson, and Coolidge
rifice and Liberty, and we cannot fudge on tians . . . not on religious, but on the Gospel all spoke about our dependence on God.
our own commitment to tend the tree of Lib- of Jesus Christ.’’ Franklin Roosevelt prayed this prayer on
erty by our own acts of self sacrifice and We all received the news that a Federal national radio on D-Day, June 6, 1944: Al-
service. If we do, then we stand to lose one of Appeals court in San Francisco decided that mighty God, with Thy blessing we shall pre-
our great American traditions—July 4th! the Pledge of Allegiance, when recited in vail over the unholy forces of our enemy.
Someone has said, ‘‘The temptation is to schools, represents an unconstitutional en- Help us to conquer the apostles of greed and
enjoy the fruits of citizenship without tend- dorsement of religion. The ruling overturned racial arrogance. Lead us to the saving of
ing the tree of liberty.’’ Many of us have not a 1954 act of Congress that inserted the our country. They will be done, Almighty
personally earned the freedoms we enjoy. We phrase, under God, in the pledge. God.’’
did not go to Germany, North Africa, On every coin, on every dollar we find ‘‘In
France, Iwo Jima, Hawaii, Italy—we did not God We Trust’’ which reminds everyone of us President Ronald Reagan, ‘‘If we ever for-
find ourselves on beaches named Omaha, and this nation, that the business and econ- get that we are ‘one nation under God,’ then
Salerno, or Sword. We, you and me, have not omy of the nation is based on our faith and we will be one nation gone under.’’
shed our blood or not given an arm or leg or trust in the Almighty. Landmarks are there for you and me, from
not sacrificed our lives for our Freedom. The pledge and the motto remind us of the the past, for the future . . . and with your
John Adams, as he said as he signed the founding principle that this is a nation under help and the strength of the Lord our God
Declaration of Independence, ‘‘Whether we the care of God. they shall not be moved.
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Friday, July 20, 2007
must be relevant to the amendment to which offered
Chamber Action and that an additional time of 15 minutes be avail-
Routine Proceedings, pages S9645–S9668 able for any second-degree amendments which may
Measures Introduced: Four bills were introduced, be offered, equally divided and controlled, and that
as follows: S. 1840–1843. Page S9658 upon the disposition of all amendments, the sub-
stitute, as amended, if amended, be agreed to, the
Measures Reported: bill, as amended, be read a third time, and Senate
S. Res. 236, supporting the goals and ideals of the vote on passage of the bill. Page S9668
National Anthem Project, which has worked to re-
store America’s voice by re-teaching Americans to Measures Placed on the Calendar:
sing the national anthem. Pages S9646, S9658
S. Res. 248, honoring the life and achievements of Additional Cosponsors: Pages S9658–59
Dame Lois Browne Evans, Bermuda’s first female Statements on Introduced Bills/Resolutions:
barrister and Attorney General, and the first female Pages S9659–61
Opposition Leader in the British Commonwealth.
S. Res. 261, expressing appreciation for the pro- Text of H.R. 2669 as Previously Passed:
found public service and educational contributions of Pages S9661–68
Donald Jeffry Herbert, fondly known as ‘‘Mr. Wiz- Adjournment: Senate convened at 10 a.m. and ad-
ard’’. Page S9658 journed at 12:03 p.m., until 10 a.m. on Monday,
Higher Education Amendments Act—Agreement July 23, 2007. (For Senate’s program, see the re-
Modified: A unanimous-consent-time agreement was marks of the Majority Leader in today’s Record on
reached providing that at 10 a.m. on Monday, July page S9668.)
23, 2007, Senate begin consideration of S. 1642, to
extend the authorization of programs under the Committee Meetings
Higher Education Act of 1965; that there be a 8
hours of debate on the bill and any amendments (Committees not listed did not meet)
thereto with 2 hours of time equally divided and
controlled between the Chairman and Ranking YOUTH VIOLENCE AND MENTORING
Member of the Committee on Health, Education, Committee on Appropriations: Subcommittee on Labor,
Labor, and Pensions, or their designees; provided fur- Health and Human Services, Education, and Related
ther, that the only amendments in order other than Agencies concluded a hearing to examine youth vio-
the committee-reported amendment in the nature of lence, focusing on the efficacy of mentoring children,
a substitute, be a total of twelve relevant first-degree after receiving testimony from Martin Lexmond,
amendments—six for the Chairman and six for the Milwaukee Public Schools Department of School In-
Ranking Member, relevant to the matter of S. 1642 novation, Milwaukee, Wisconsin; Andres A. Alonso,
and the substitute, and an additional manager’s Baltimore City Public School System, Baltimore,
amendment which has been cleared by the managers Maryland; Thomas M. Brady, School District of
or the leaders, with no other amendments in order; Philadelphia, Philadelphia, Pennsylvania; Bob Col-
that the time on the first-degree amendments be lins, Los Angeles Unified School District, Los Ange-
limited to 30 minutes each, equally divided and con- les, California; and Carmita Vaughan, Chicago Pub-
trolled by the Chairman and Ranking Member; that lic Schools Drop-out Prevention and Recovery, Chi-
relevant second-degree amendments be in order and cago, Illinois.
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D1020 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 2007
House of Representatives
authorize improvements for the security of dams and
Chamber Action other facilities, S. 1477, to authorize the Secretary of the
The House was not is session today. The House Interior to carry out the Jackson Gulch rehabilitation
is scheduled to meet at 10:30 a.m. on Monday, July project in the State of Colorado, S. 1522, to amend the
23, 2007. Bonneville Power Administration portions of the Fisheries
Restoration and Irrigation Mitigation Act of 2000 to au-
Committee Meetings thorize appropriations for fiscal years 2008 through 2014,
and H.R. 1025, to authorize the Secretary of the Interior
No committee meetings were held.
to conduct a study to determine the feasibility of imple-
f menting a water supply and conservation project to im-
CONGRESSIONAL PROGRAM AHEAD prove water supply reliability, increase the capacity of
Week of July 23 through July 27, 2007 water storage, and improve water management efficiency
Senate Chamber in the Republican River Basin between Harlan County
Lake in Nebraska and Milford Lake in Kansas, 2:30 p.m.,
On Monday, at 10 a.m., Senate will begin consid- SD–366.
eration of S. 1642, Higher Education Amendments Committee on Environment and Public Works: July 24,
Act and consider certain amendments. Subcommittee on Private Sector and Consumer Solutions
On Tuesday, following the disposition of S. 1642, to Global Warming and Wildlife Protection, to hold
Higher Education Amendments Act, Senate will hearings to examine economic and international issues, fo-
begin consideration of H.R. 2638, Department of cusing on global warming policy, 2:30 p.m., SD–406.
Homeland Security Appropriations Act. July 25, Subcommittee on Superfund and Environ-
During the balance of the week, Senate may con- mental Health, to hold an oversight hearing to examine
sider any cleared legislative and executive business. the Environmental Protection Agency’s Environmental
Justice programs, 2 p.m., SD–406.
Senate Committees July 26, Full Committee, to hold hearings to examine
(Committee meetings are open unless otherwise indicated) the case for the California waiver, including an update
Committee on Banking, Housing, and Urban Affairs: July from the Environmental Protection Agency, 10 a.m.,
25, Subcommittee on Security and International Trade SD–406.
and Finance, to hold hearings to examine reforming key Committee on Finance: July 23, business meeting to con-
international financial institutions for the 21st century, sider S.J. Res. 16, approving the renewal of import re-
3:30 p.m., SD–538. strictions contained in the Burmese Freedom and Democ-
Committee on the Budget: July 26, business meeting to racy Act of 2003, 5 p.m., SD–215.
consider the nomination of Jim Nussle, of Iowa, to be July 24, Full Committee, to hold an oversight hearing
Director of the Office of Management and Budget, 10 to examine the government tax policy in farm country,
a.m., SD–608. 10 a.m., SD–215.
Committee on Commerce, Science, and Transportation: July July 25, Full Committee, business meeting to consider
24, to hold hearings to examine the protection of chil- the nominations of David H. McCormick, of Pennsyl-
dren on the internet, 10 a.m., SR–253. vania, to be an Under Secretary, and Peter B. McCarthy,
July 25, Subcommittee on Interstate Commerce, Trade, of Wisconsin, to be an Assistant Secretary, both of the
and Tourism, to hold hearings to examine United States Department of the Treasury, Kerry N. Weems, of New
trade relations with China, 2:30 p.m., SR–253. Mexico, to be Administrator of the Centers for Medicare
July 26, Full Committee, to hold hearings to examine and Medicaid Services, Tevi David Troy, of New York,
preparation taken for digital television transition, 10 to be Deputy Secretary of Health and Human Services,
a.m., SR–253. and Charles E. F. Millard, of New York, to be Director
July 26, Subcommittee on Surface Transportation and of the Pension Benefit Guaranty Corporation, 10 a.m.,
Merchant Marine Infrastructure, Safety and Security, to SD–215.
continue hearings to examine the Railroad Safety En- Committee on Foreign Relations: July 24, to hold hearings
hancement Act, 2:30 p.m., SR–253. to examine the nominations of Michael W. Michalak, of
Committee on Energy and Natural Resources: July 25, busi- Michigan, to be Ambassador to the Socialist Republic of
ness meeting to consider pending calendar business, Vietnam, and Eric G. John, of Indiana, to be Ambassador
11:30 a.m., SD–366. to the Kingdom of Thailand, 10 a.m., SD–419.
July 26, Subcommittee on Water and Power, to hold July 24, Full Committee, to hold hearings to examine
hearings to examine S. 300, to authorize appropriations the nomination of Henrietta Holsman Fore, of Nevada, to
for the Bureau of Reclamation to carry out the Lower be Administrator of the United States Agency for Inter-
Colorado River Multi-Species Conservation Program in national Development, 2:15 p.m., SD–419.
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the States of Arizona, California, and Nevada, S. 1258, to July 24, Full Committee, to hold a closed briefing re-
amend the Reclamation Safety of Dams Act of 1978 to garding Gulf Security dialogue, 4 p.m., S–407, Capitol.
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July 20, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1021
July 25, Full Committee, to hold hearings to examine July 26, Full Committee, business meeting to consider
S. 732, to empower Peace Corps volunteers, 9:30 a.m., S. 1060, to reauthorize the grant program for reentry of
SD–419. offenders into the community in the Omnibus Crime
July 25, Full Committee, to hold hearings to examine Control and Safe Streets Act of 1968, to improve reentry
Pakistan’s future, focusing on the challenges of building planning and implementation, S. 453, to prohibit decep-
a democracy, 2:30 p.m., SD–419. tive practices in Federal elections, S. 1692, to grant a
July 26, Subcommittee on International Operations Federal charter to Korean War Veterans Association, In-
and Organizations, Democracy and Human Rights, to corporated, an original bill entitled, ‘‘School Safety and
hold hearings to examine the United Nations Human Law Enforcement Act’’, and the nomination of Rosa Emi-
Rights Council, focusing on its shortcomings and pros- lia Rodriguez-Velez, of Puerto Rico, to be United States
pects for reform, 2:30 p.m., SD–419. Attorney for the District of Puerto Rico, 10 a.m.,
Committee on Health, Education, Labor, and Pensions: July SD–226.
24, to hold hearings to examine the BioShield and Pre- Committee on Small Business and Entrepreneurship: July 25,
paredness programs, focusing on improvements needed for to hold an oversight hearing to examine Gulf Coast dis-
epidemics, 10 a.m., SD–628. aster loans, focusing on the future of the disaster assist-
July 25, Full Committee, business meeting to consider ance program, 10 a.m., SR–428A.
S. 625, to protect the public health by providing the Committee on Veterans’ Affairs: July 24, business meeting
Food and Drug Administration with certain authority to to mark up the nomination of Charles L. Hopkins, of
regulate tobacco products, S. 1183, to enhance and fur- Massachusetts, to be an Assistant Secretary of Veterans
ther research into paralysis and to improve rehabilitation Affairs (Operations, Preparedness, Security and Law En-
and the quality of life for persons living with paralysis forcement), 2 p.m., Room to be announced.
and other physical disabilities, S. 579, to amend the Pub- July 25, Full Committee, to hold an oversight hearing
lic Health Service Act to authorize the Director of the to examine Department of Veterans Affairs health care
National Institute of Environmental Health Sciences to funding, 9:30 a.m., SD–562.
make grants for the development and operation of re- Select Committee on Intelligence: July 24, to hold closed
search centers regarding environmental factors that may hearings to examine certain intelligence matters, 2:30
be related to the etiology of breast cancer, S. 898, to p.m., SH–219.
amend the Public Health Service Act to fund break- July 26, Full Committee, to hold closed hearings to
throughs in Alzheimer’s disease research while providing examine certain intelligence matters, 2:30 p.m., SH–219.
more help to caregivers and increasing public education
about prevention, an original bill entitled, ‘‘Newborn House Committees
Screening Saves Lives Act of 2007’’, and the nominations Committee on Appropriations, July 25, to consider Defense
of Diane Auer Jones, of Maryland, to be Assistant Sec- Appropriations for Fiscal Year 2008, 9 a.m., 2359 Ray-
retary for Postsecondary Education, Department of Edu- burn.
cation, David C. Geary, of Missouri, to be a Member of Committee on Armed Services, July 24, Subcommittee on
the Board of Directors of the National Board for Edu- Seapower and Expeditionary Forces, hearing on the sur-
cation Sciences, and Miguel Campaneria, of Puerto Rico, face combatant construction update, 2 p.m., 2212 Ray-
to be a Member of the National Council on the Arts, 10 burn.
a.m., SD–106. July 25, full Committee and the Permanent Select
Committee on Homeland Security and Governmental Affairs: Committee on Intelligence, joint hearing on hearing on
July 24, to hold hearings to examine the nomination of Implications of the National Intelligence Estimate regard-
Jim Nussle, of Iowa, to be Director of the Office of Man- ing Al-Qaeda, 1 p.m., 2118 Rayburn.
agement and Budget, 10 a.m., SD–342. July 25, Subcommittee on Oversight and Investiga-
July 25, Full Committee, to hold hearings to examine tions, to continue hearings on A Third Way: Alternatives
the nomination of Dennis R. Schrader, of Maryland, to for Iraq’s Future, Part 3, 10 a.m., 2212 Rayburn.
be Deputy Administrator for National Preparedness, Fed- July 26, full Committee, hearing on Upholding the
eral Emergency Management Agency, Department of Principle of Habeas Corpus for Detainees, 9 a.m., 2118
Homeland Security, 10 a.m., SD–342. Rayburn.
July 25, Subcommittee on Federal Financial Manage- Committee on the Budget, July 25, hearing on Perspec-
ment, Government Information, Federal Services, and tives on Renewing Statutory PAYGO, 10 a.m., 210 Can-
International Security, to hold hearings to examine the non.
implementation of the Postal Accountability and En- Committee on Education and Labor, July 24, Sub-
hancement Act. (Public Law 109–435), 3 p.m., SD–342. committee on Health, Employment, Labor and Pensions
Committee on Indian Affairs: July 26, to hold hearings and the Subcommittee on Workforce Protections, joint
to examine the nomination of Charles W. Grim, of Okla- hearing on the Misclassification of Workers as Inde-
homa, to be Director of the Indian Health Service, De- pendent Contractors: What Policies and Practices Best
partment of Health and Human Services, 9:30 a.m., Protect Workers? 10:30 a.m., 2175 Rayburn.
SR–485. July 24, Subcommittee on Healthy Families and Com-
Committee on the Judiciary: July 24, to continue over- munities, hearing on Runaway, Homeless, and Missing
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sight hearings to examine the Department of Justice, Children: Perspectives on Helping the Nation’s Vulner-
9:30 a.m., SH–216. able Youth, 3 p.m., 2175 Rayburn.
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D1022 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 2007
July 26, Subcommittee on Higher Education, Lifelong July 26, Subcommittee on Border, Maritime and Glob-
Learning and Competitiveness, hearing on the Workforce al Counterterrorism, hearing on Frequent Traveler Pro-
Investment Act: Ideas to Improve the Workforce Devel- grams: Balancing Security and Commerce at our Land
opment System, 10 a.m., 2175 Rayburn. Borders, 2 p.m., 311 Cannon.
July 26, Subcommittee on Workforce Protections, Committee on the Judiciary, July 24, Subcommittee on
hearing on the S–Miner Act (H.R. 2768) and the Miner Commercial and Administrative Law, oversight hearing
Health Improvement Enhancement Act of 2007 (H.R. on Privacy in the Hands of the Government: the Privacy
2769), 2 p.m., 2175 Rayburn. and Civil Liberties Oversight Board and the Privacy Offi-
Committee on Energy and Commerce, July 24, Sub- cer for the U.S. Department of Homeland Security, 1
committee on Telecommunications and the Internet, p.m., 2237 Rayburn.
hearing entitled ‘‘Oversight of the Federal Communica- July 24, Subcommittee on Crime, Terrorism and
tions Commission—Part 2,’’ 9:30 a.m., 2123 Rayburn. Homeland Security, hearing on H.R. 2908, Deaths in
Committee on Financial Services, July 24, Subcommittee Custody Reporting Act of 2007, 1 p.m., 2141 Rayburn.
on Capital Markets, Insurance, and Government Spon- July 26, Subcommittee on Commercial and Adminis-
sored Enterprises, to consider H.R. 2761, Terrorism Risk trative Law, hearing on the Internet Tax Freedom Act, 10
Insurance Revision and Extension Act of 2007, 10 a.m., a.m., 2141 Rayburn.
2128 Rayburn. July 26, full Committee, oversight hearing on the Fed-
July 25, full Committee, hearing on Improving Federal eral Bureau of Investigations, 1:30 p.m., 2141 Rayburn.
Consumer Protection in Financial Services-Consumer and Committee on Natural Resources, July 24, Subcommittee
Industry Perspectives, 10 a.m., 2128 Rayburn. on Insular Affairs, oversight hearing on the Implementa-
July 25, Subcommittee on Oversight and Investiga- tion of the Compact of Free Association between the
tions, hearing on Rooting Out Discrimination in Mort- United States and the Republic of the Marshall Islands,
gage Lending: Using HMDA as a Tool for Fair Lending 2 p.m., 1324 Longworth.
Enforcement, 2 p.m., 2128 Rayburn. July 24, Subcommittee on Water and Power, hearing
July 27, Subcommittee on Oversight and Investiga- on H.R. 1970, Northwestern New Mexico Rural Water
tions, hearing on Credit-Based Insurance Scores: Are They Projects Act; and H.R. 2515, Lower Colorado River
Fair? 10 a.m., 2128 Rayburn. Multi-Species Conservation Program Act, 10 a.m., 1334
Committee of Foreign Affairs, July 24, Subcommittee on Longworth.
the Western Hemisphere, briefing and hearing on De- July 25, full Committee, oversight hearing on the Sur-
portees in Latin America and the Caribbean, 3 p.m., facing Reclamation Act of 1977: A 30th Anniversary Re-
2172 Rayburn. view, 10 a.m., 1324 Longworth.
July 25, full Committee, hearing on Central and East- July 26, Subcommittee on Energy and Mineral Re-
sources, hearing on H.R. 2262, Hardrock Mining and
ern Europe: Assessing the Democratic Transition, 10 Reclamation Act of 2007, 10 a.m., 1324 Longworth.
a.m., 2172 Rayburn. July 26, Subcommittee on National Parks, Forests and
July 25, Subcommittee on Asia, the Pacific, and the Public Lands, hearing on H.R. 3058, Public Land Com-
Global Environment, hearing on an Overview of the munities Transition Assistance Act of 2007, Community
Compact of Free Association between the United States Self-Determination Act of 2000, 2 p.m., 1334 Long-
and the Republic of the Marshall Islands: Are Changes worth.
Needed? 2 p.m., 2255 Rayburn. Committee on Oversight and Government Reform, July 24,
July 26, Subcommittee on Asia, the Pacific, and the hearing on Inadvertent File Sharing Over Peer-to-Peer
Global Environment, hearing on Is the Millennium Chal- Networks, 10 a.m., 2154 Rayburn.
lenge Corporation Overstating Its Impact: The Case of July 25, Subcommittee on Domestic Policy, hearing on
Vanuatu, 2 p.m., 2172 Rayburn. ExxonMobil and Shell Answer Questions about Hot Fuels
July 26, Subcommittee on Terrorism, Nonproliferation, Double Standards, 10 a.m., 2154 Rayburn.
and Trade, hearing on Export Controls: Are We Pro- July 26, full Committee, hearing on Iraq Embassy, 10
tecting Security and Facilitating Exports? 2 p.m., B–3l8 a.m., 2154 Rayburn.
Rayburn. July 26, Subcommittee on Federal Workforce, Postal
Committee on Homeland Security, July 24, Subcommittee Service and the District of Columbia, oversight hearing
on Emerging Threats, Cybersecurity, and Science and on the Postal Service: Planning for the 21st Century, 2
Technology, hearing on Federal Efforts to Mitigate p.m., 2154 Rayburn.
Vulnerabilities in the Food Supply Chain, 10 a.m., 311 July 26, Subcommittee on Information Policy, Census,
Cannon. and National Archives, hearing on 2010 Census Work-
July 24, Subcommittee on Transportation Security and force, 2 p.m., 2247 Rayburn.
Infrastructure Protection, hearing entitled ‘‘Chemical Se- Committee on Rules, July 23, to consider H.R. 3093,
curity—Rising Concern for America: Examination of the Making appropriations for the Departments of Commerce,
Department’s Chemical Security Regulation and Its Effect and Justice, and Science, and Related Agencies for the fis-
on the Public and Private Sector,’’ 1 p.m., 311 Cannon. cal year ending September 30, 2008, 5 p.m., H–313
July 25, full Committee, hearing entitled ‘‘An Over- Capitol.
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view of Department of Homeland Security Federal Advi- Committee on Small Business, July 25, hearing on Com-
sory Committees,’’ 10 a.m., 311 Cannon. petitive Bidding for Clinical Lab Services: Where’s it
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July 20, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1023
Heading and What Small Businesses Can Expect, 10 July 26, Subcommittee on Health, hearing on Gulf
a.m., 2360 Rayburn. War Exposures, 10 a.m., 334 Cannon.
July 26, Subcommittee on Investigations and Over- Committee on Ways and Mean, July 24, Subcommittee on
sight, hearing to examine the impact that the flooding Oversight, oversight hearing on Tax-Exempt Organiza-
has had on small businesses in Beaver County, PA and tions, focusing on Charities and Foundations, 10 a.m.,
to review SBA’s response in meeting the needs of those 1100 Longworth.
affected by the floods, 10 a.m., 2360 Rayburn. Permanent Select Committee on Intelligence, July 24, Sub-
Committee on Science and Technology, July 24, Sub- committee on Human Intelligence, Analysis and Counter-
committee on Space and Aeronautics, hearing on NASA’s intelligence, executive, to continue hearings on Weapons
Space Shuttle and International Space Station Programs: of Mass Destruction, 10 a.m., H–405 Capitol.
Status and Issues, 10 a.m., 2318 Rayburn. July 25, full Committee, executive, briefing on Hot
July 26, full Committee, to continue hearings on
Globalization of R&D and Innovation, Part II: the Uni- Spots, 8:45 a.m., H–405 Capitol.
versity Response, 10 a.m., 2318 Rayburn. July 26, full Committee, briefing on National Drug
Committee on Transportation and Infrastructure, July 24, Intelligence Center, 1:15 p.m., H–405 Capitol.
Subcommittee on Aviation, hearing on FAA’s Aging July 26, Subcommittee on Terrorism, Human Intel-
ATC Facilities: Investigating the Need to Improve Facili- ligence, Analysis and Counterintelligence, executive,
ties and Worker Conditions, 10 a.m., 2167 Rayburn. briefing on Russia Counterintelligence, 10 a.m., H–405
July 26, Subcommittee on Railroads, Pipelines, and Capitol.
Hazardous Materials, hearing on Amtrak Labor Negotia-
tions, 2 p.m., 2167 Rayburn. Joint Meetings
Committee on Veterans’ Affair, July 24, Subcommittee on Commission on Security and Cooperation in Europe: July 23,
Oversight and Investigations, hearing on IT Inventory to hold hearings to examine energy and democracy, focus-
Management, 2 p.m., 334 Cannon. ing on whether the development of democracy is incom-
July 25, full Committee, hearing on PTSD and Person- patible with the development of a country’s energy re-
ality Disorders: Challenges for the VA, 10 a.m., 334 Can- sources, 3 p.m., SD–419.
non. Joint Economic Committee: July 25, to hold hearings to
July 26, Subcommittee on Economic Opportunity, examine the national foreclosure crisis, focusing on
hearing on Contract Bundling Oversight, 2 p.m., 334
Cannon. subprime mortgage fallout, 10 a.m., SH–216.
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D1024 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 2007
Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES
10 a.m., Monday, July 23 10:30 a.m., Monday, July 23
Senate Chamber House Chamber
Program for Monday: Senate will begin consideration of Program for Monday: To be announced.
S. 1642, Higher Education Amendments Act, and con-
sider certain amendments.
Extensions of Remarks, as inserted in this issue
HOUSE Kingston, Jack, Ga., E1586 Shea-Porter, Carol, N.H., E1585
Kirk, Mark Steven, Ill., E1585 Shimkus, John, Ill., E1579, E1580
Alexander, Rodney, La., E1578 Lantos, Tom, Calif., E1580, E1582 Slaughter, Louise McIntosh, N.Y., E1575
Barrett, J. Gresham, S.C., E1575 Lewis, Ron, Ky., E1584 Space, Zachary T., Ohio, E1585
Bordallo, Madeleine Z., Guam, E1583 Lipinski, Daniel, Ill., E1577 Terry, Lee, Nebr., E1578
Butterfield, G.K., N.C., E1583 McCollum, Betty, Minn., E1576
Tiahrt, Todd, Kans., E1582
Capuano, Michael E., Mass., E1583 McIntyre, Mike, N.C., E1579
Clay, Wm. Lacy, Mo., E1581 Markey, Edward J., Mass., E1586 Udall, Mark, Colo., E1577
Conyers, John, Jr., Mich., E1580 Moore, Gwen, Wisc., E1580 Udall, Tom, N.M., E1584
Diaz-Balart, Lincoln, Fla., E1578 Musgrave, Marilyn N., Colo., E1576 Wasserman Schultz, Debbie, Fla., E1577
Grijalva, Raul M., Ariz., E1575 Payne, Donald M., N.J., E1585 Westmoreland, Lynn A., Mac, Ga., E1576
Jones, Stephanie Tubbs, Ohio, E1582 Rahall, Nick J., II, W.Va., E1578 Whitfield, Ed, Ky., E1579
The Congressional Record (USPS 087–390). The Periodicals postage
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