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					                                                                                           Congressional Record
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                                                                                                                                                                   110 th CONGRESS, FIRST SESSION
                                            United States
                                             of America                                     PROCEEDINGS AND DEBATES OF THE


                                         Vol. 153                                                               WASHINGTON, 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.




                                                                                                                                  Senate
                                                                                                                                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
                                                                                                                                         f
                                         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.

                                                                                                                                                                                                        S9645


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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,
                                                 MORNING BUSINESS
                                                                                                  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
                                                                                                  views.
                                         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,
                                                                                                      Bennett.                                           http://www.sec.gov/rules/sro/nasd/2007/34-
                                         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
                                         terest.’’
                                                                                                  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-
                                                                                                                     II. DISCUSSION
                                         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-
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                                         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
                                         Register.
                                                                                                  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-
                                                                                                  truth.
                                         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
                                                          f
                                                                                                                                                         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
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                                         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
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                                         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
                                         you.
                                                                                                  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-
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                                         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
                                         sensus.
                                           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
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                                         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
                                         roll.
                                           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
                                                          f
                                                                                                  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
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                                         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
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                                         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,
                                         finding:
                                                                                                  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
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                                                                                                                                                         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
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                                                                                                          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
                                                                S. 1576
                                                                                                          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
                                                                S. 1607
                                                                                                  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,
                                                                S. 1739
                                                                                                  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
                                                                                                          Mrs. MURRAY):
                                         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:
                                                                                                                                                         2008.
                                         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
                                                                                                                                                                     FORCES.
                                           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)—
                                                                                                                                                         rower who—
                                         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-
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                                            (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
                                         cent’; and
                                           ‘‘(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-
                                                                                                  paragraph;
                                         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,
                                                                                                  it holder—
                                           (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
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                                         (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
                                                  Family Size
                                                                                           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
                                                  Family Size
                                                                                           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
                                                  Family Size
                                                                                           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
                                                  Family Size
                                                                                           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
                                                                                                                                                         pendent student.
                                         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:
                                                                                                                                                         tion 435.
                                         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—
                                                                                                                                                         following requirements:
                                         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
                                         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-
                                                                                                  year.’’;
                                         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-
                                                     AID ADMINISTRATORS.
                                                                                                  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
                                         the funds—
                                                                                                  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,
                                         school diploma;
                                                                                                                                                         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
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                                                   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
                                                                                                                                                          1937:
                                          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
                                                              OF GEORGIA
                                                                                                   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
                                                                                                   Council.
                                                      Thursday, July 19, 2007                                                                             Straight of Longmont, CO, for his service to
                                                                                                                     f
                                             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
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                                          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
                                                                                                                        SPEECH OF
                                          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-
                                                              OF ILLINOIS
                                                                                                   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
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                                          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
                                          active lifestyles.
                                                                                                   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
                                          fulfilling lives.
                                                                                                                                                                    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
                                                              OF FLORIDA
                                                                                                   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-
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                                          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
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                                          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
                                                                                                                        SPEECH OF
                                          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
                                                           f
                                                                                                   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
                                                            OF WISCONSIN
                                                                                                   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
                                                                                                                                                                           f
                                             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
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                                          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-
                                                                 OF OHIO
                                                                                                    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
                                             RESPONSIBLE REDEPLOYMENT
                                                   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
                                                               SPEECH OF
                                                                                                    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-
                                                           f
                                                                                                   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
                                                           f
                                                                                                   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
                                                                                                   them.
                                                                                                                                                            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,
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                                          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
                                          manage.
                                                                                                              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
                                                                                                                                                          called.
                                                                                                   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
                                                                                                                                                                            f
                                          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-
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                                          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
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                                                                                                                                                                             OF GEORGIA
                                          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
                                                                                                   not.                                                   that:
                                          Everywhere we discover Red, White, and
                                                                                                     Peter Marshall prayed before the U.S. Sen-              Twelve of the original thirteen colonies in-
                                                 Blue
                                                                                                   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

                                                                                               Daily Digest
                                                                                                                  Senate
                                                                                                                                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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                                                                                                                                                                              D1019




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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




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