Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, TUESDAY, JUNE 2, 2009 No. 81 House of Representatives The House met at 2 p.m. and was Mrs. KIRKPATRICK of Arizona led of the Rules of the U.S. House of Representa- called to order by the Speaker pro tem- the Pledge of Allegiance as follows: tives, the Clerk received the following message from the Secretary of the Senate on pore (Mr. LARSEN of Washington). I pledge allegiance to the Flag of the May 26, 2009, at 10:03 a.m.: United States of America, and to the Repub- f That the Senate passed with an amend- lic for which it stands, one nation under God, ment H.R. 2346. DESIGNATION OF THE SPEAKER indivisible, with liberty and justice for all. PRO TEMPORE With best wishes, I am f Sincerely, The SPEAKER pro tempore laid be- COMMUNICATION FROM THE LORRAINE C. MILLER, fore the House the following commu- CLERK OF THE HOUSE Clerk of the House. nication from the Speaker: f The SPEAKER pro tempore laid be- WASHINGTON, DC, COMMUNICATION FROM CHIEF OF June 2, 2009. fore the House the following commu- STAFF, THE HONORABLE PETER I hereby appoint the Honorable RICK nication from the Clerk of the House of LARSEN to act as Speaker pro tempore on Representatives: VISCLOSKY, MEMBER OF CON- this day. OFFICE OF THE CLERK GRESS NANCY PELOSI, Washington, DC, May 22, 2009. The SPEAKER pro tempore laid be- Speaker of the House of Representatives. Hon. NANCY PELOSI, fore the House the following commu- f The Speaker, House of Representatives, nication from Charles E. Brimmer, Washington, DC. Chief of Staff, the Honorable PETER PRAYER DEAR MADAM SPEAKER: Pursuant to the VISCLOSKY, Member of Congress: The Chaplain, the Reverend Daniel P. permission granted in Clause 2(h) of Rule II Coughlin, offered the following prayer: of the Rules of the U.S. House of Representa- HOUSE OF REPRESENTATIVES, God eternal, Creator of unfailing tives, the Clerk received the following mes- Washington, DC, June 1, 2009. Hon. NANCY PELOSI, light, give that same kind of light to sage from the Secretary of the Senate on May 22, 2009, at 9:55 a.m.: Speaker, House of Representatives, all who call upon Your Holy Name. That the Senate passed without amend- Washington, DC. May our minds and hearts be purified ment H.R. 663. DEAR MADAM SPEAKER: This is to notify of all self-centered wishes and judg- That the Senate passed without amend- you formally, pursuant to Rule VIII of the ments. ment H.R. 918. Rules of the House of Representatives, that I So, freed enough to be attentive to That the Senate passed without amend- have been served with a grand jury subpoena Your Word and Holy Inspirations, en- ment H.R. 1284. for documents issued by the U.S. District That the Senate passed without amend- Court for the District of Columbia. able this Congress to accomplish Your ment H.R. 1595. After consultation with counsel, I will purpose for this country and do what is That the Senate agreed to without amend- make the determinations required by Rule best, not only for ourselves but for ment H. Con. Res. 133. VIII. those most in need. This will give You That the Senate passed S. Con. Res. 19. Sincerely, lasting glory, both now and forever. With best wishes, I am CHARLES E. BRIMMER, Amen. Sincerely, Chief of Staff. LORRAINE C. MILLER, f Clerk of the House. f THE JOURNAL f COMMUNICATION FROM THE HON- The SPEAKER pro tempore. The COMMUNICATION FROM THE ORABLE PETER VISCLOSKY, Chair has examined the Journal of the CLERK OF THE HOUSE MEMBER OF CONGRESS last day’s proceedings and announces The SPEAKER pro tempore laid be- The SPEAKER pro tempore laid be- to the House his approval thereof. fore the House the following commu- fore the House the following commu- Pursuant to clause 1, rule I, the Jour- nication from the Clerk of the House of nication from the Honorable PETER nal stands approved. Representatives: VISCLOSKY, Member of Congress: f OFFICE OF THE CLERK HOUSE OF REPRESENTATIVES, PLEDGE OF ALLEGIANCE Washington, DC, May 26, 2009. Washington, DC, June 1, 2009. Hon. NANCY PELOSI, Hon. NANCY PELOSI, The SPEAKER pro tempore. Will the The Speaker, House of Representatives, Speaker, House of Representatives, gentlewoman from Arizona (Mrs. KIRK- Washington, DC. Washington, DC. PATRICK) come forward and lead the DEAR MADAM SPEAKER: Pursuant to the DEAR MADAM SPEAKER: This is to notify House in the Pledge of Allegiance. permission granted in Clause 2(h) of Rule II you formally, pursuant to Rule VIII of the

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. 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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VerDate Nov 24 2008 01:48 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.000 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6018 CONGRESSIONAL RECORD — HOUSE June 2, 2009 Rules of the House of Representatives, that And that’s just the way it is. placeable loss for his family and my office has been served with two grand f friends, his community and his coun- jury subpoenas for documents issued by the try. U.S. District Court for the District of Colum- CONCERN FOR THE DOLLAR Today we mourn with those who bia. (Mr. KIRK asked and was given per- After consultation with counsel, I will mourn. And we pay tribute to and make the determination required by Rule mission to address the House for 1 honor this soldier and his inspiring life VIII. minute and to revise and extend his re- that was cut short while he was serving Sincerely, marks.) his country. His country owes him an PETER J. VISCLOSKY, Mr. KIRK. Mr. Speaker, the dollars immeasurable debt of gratitude for his Member of Congress. in your wallet are about to become less 5 years of service and his great sac- f valuable, a lot less valuable. rifice on the battlefield. Over the last several months, the HONORING THE LIVES OF JOHN May God’s peace be with Lieutenant Federal Reserve has been lending BROWN, JR. AND THOMAS CLAW Barnard’s family, friends and all those money to the Federal Government who continue to mourn his death and (Mrs. KIRKPATRICK of Arizona using ‘‘monetized’’ assets. That’s remember his life. asked and was given permission to ad- Washington-speak for printing money f dress the House for 1 minute.) we do not have. To date, the Fed has Mrs. KIRKPATRICK of Arizona. Mr. printed over $130 billion by just run- CAP-AND-TRADE OR CAP-AND-TAX Speaker, I rise to honor the lives of ning a virtual electronic printing press (Mr. LUETKEMEYER asked and was two American heroes. In May, we lost on its balance sheet. Most Americans given permission to address the House two of the last surviving Navajo Code do not know this is happening. Most for 1 minute and to revise and extend Talkers, John Brown, Jr., of Crystal, Chinese do. his remarks.) New Mexico, and Thomas Claw of The dollar-printing policy of Chair- Mr. LUETKEMEYER. Mr. Speaker, Chinle, Arizona. man Bernanke and Secretary Geithner the cap-and-trade bill currently work- Navajo Code Talkers saved the lives should worry every American. High in- ing its way through the House is noth- of countless Americans in World War II terest rates and inflation are the ing more than a national energy tax. and Korea by using DINE to commu- enemy of homeowners with a mortgage The right to emit carbon would essen- nicate without risk of interception. and senior citizens on a fixed income. tially be auctioned off to generate rev- Mr. Brown was among those who de- Nothing sinks a middle class faster enue for more government spending veloped the original code. At the 2001 than inflation. programs, amounting to a major tax ceremony, where the original 29 Code Concern for the dollar is also front increase for all American consumers. Talkers received Congressional Gold page news in China. China’s leaders ap- This proposed cap-and-trade is actu- Medals, he said, ‘‘As Code Talkers, as proved over $1 trillion in lending to the ally a cap-and-tax system that will in- Marines, we did our part to protect U.S. And if the Fed continues printing crease taxes, eliminate jobs, or drive freedom and democracy. It is my hope money, then China’s dollar-denomi- them offshore, and raise the cost of en- that our young people will carry on nated loans will lose considerable ergy and the price of purchasing any this honorable tradition as long as the value. product or service dependent upon en- grass shall grow and the rivers flow.’’ As co-chair of the China Working ergy. Many sources have looked at this I hope for just as long, we remember Group, I led a mission to China, where and said that it will cost about $4,000 to honor the memory of Mr. Brown, I heard about deep concern in China. per household, if not more. Even the Mr. Claw and all those DINE who It’s a concern that we should all listen President expects energy prices to rise, served our Nation. to for our own sakes, as well as our and describes them as skyrocketing. f international trade. This national energy tax will be disas- trous, particularly in light of our Na- SAVING PLANET EARTH TAX f tion’s current economic circumstances. REMEMBERING THE LIFE AND (Mr. POE of Texas asked and was As an alternative, I support an ‘‘all SERVICE OF LIEUTENANT LEEVI given permission to address the House of the above’’ energy policy to end our K. BARNARD for 1 minute.) dependence on foreign oil. I support in- Mr. POE of Texas. Mr. Speaker, the (Ms. FOXX asked and was given per- creasing domestic exploration for oil, new carbon energy tax is about to nail mission to address the House for 1 investing in biofuels, alternative fuels, all Americans who use energy. It’s minute.) clean coal and nuclear technology. about old-fashioned, central planning Ms. FOXX. Mr. Speaker, today I rise f control that would make the now- in solemn remembrance of the life of a defunct Soviet Union green with envy. fallen hero, 1st Lieutenant Leevi Khole HONORING THE SACRIFICE OF In the name of saving Planet Earth, Barnard, of the North Carolina Na- ARMY FIRST SERGEANT BLUE C. the taxacrats want to control every tional Guard. Lieutenant Barnard was ROWE dollar spent on energy in America. killed while serving his country in Iraq (Mr. BOOZMAN asked and was given They also want control over who can on May 21 when an improvised explo- permission to address the House for 1 use it and how. So they came up with sive device targeted his unit in Bagh- minute and to revise and extend his re- the mother of all mandates: The cap- dad. marks.) and-trade national tax on energy con- Lieutenant Barnard joined the North Mr. BOOZMAN. Mr. Speaker, I rise sumption. This scheme will bankrupt Carolina National Guard in 2004 after today to honor one of America’s brav- manufacturing businesses and cost graduating as a Distinguished Military est, First Sergeant Blue Rowe, who American families thousands of dollars Graduate from the Advanced Individual sacrificed his life in support of Oper- a year in new taxes. Training Class at Fort Sill, Oklahoma. ation Enduring Freedom. If you use electricity or natural gas His unit, the 30th Heavy Brigade Com- In 1994, after graduating from Siloam in your home, you’ve got another tax. bat Team, was recently deployed to Springs High School, Blue enlisted in If you drive your car, the gasoline tax Iraq this April. the Army. He served honorably all over will go up. It’s all about government Lieutenant Barnard graduated from the world, and earned several military control over our lives. UNC Charlotte, where he participated awards, including the Meritorious And the nonpartisan Congressional in the university’s ROTC program. Service Medal and Posthumous Combat Budget Office said the cap-and-trade This selfless American patriot, who Action Badge, and a Bronze Star. boondoggle will be a major tax increase paid the heaviest price for his country, Blue’s family and friends describe or a massive expansion of government, will be remembered forever as a young him as funny, compassionate, hard- or both. And they also told the Senate man whose life was overflowing with working and 100 percent Arkansan. A last week that it won’t have any im- potential and whose personality filled lifelong Razorback fan, it wasn’t out of pact on the Earth’s temperature. Now other people’s lives with joy. His tragic the ordinary for Blue to leave North- isn’t that lovely. death in the line of duty is an irre- west Arkansas with a bag full of new

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.002 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6019 Razorback gear and show his support (b) CLERICAL AMENDMENT.—The table of rules were suspended and the bill was for the team while stationed in Cali- sections for Public Law 102–575 is amended passed. fornia. by inserting after the last item relating to A motion to reconsider was laid on Blue made the ultimate sacrifice for title XVI the following: the table. ‘‘Sec. 16ll. Avra/Black Wash Reclamation his country. He is a true American f hero. and Riparian Restoration Project, Pima County, Ari- CENTRAL TEXAS WATER I ask my colleagues to keep Blue’s zona.’’. RECYCLING ACT OF 2009 family and friends in their thoughts The SPEAKER pro tempore. Pursu- and prayers during these very difficult Mrs. CHRISTENSEN. Mr. Speaker, I ant to the rule, the gentlewoman from times, and I humbly offer my thanks to move to suspend the rules and pass the the Virgin Islands (Mrs. CHRISTENSEN) Army First Sergeant Blue Rowe for his bill (H.R. 1120) to amend the Reclama- and the gentleman from Colorado (Mr. selfless service to the security and tion Wastewater and Groundwater LAMBORN) each will control 20 minutes. well-being of all Americans. Study and Facilities Act to authorize The Chair recognizes the gentle- f the Secretary of the Interior to partici- woman from the Virgin Islands. pate in the Central Texas Water Recy- ANNOUNCEMENT BY THE SPEAKER b 1415 cling and Reuse Project, and for other PRO TEMPORE GENERAL LEAVE purposes. The Clerk read the title of the bill. The SPEAKER pro tempore. Pursu- Mrs. CHRISTENSEN. Mr. Speaker, I The text of the bill is as follows: ant to clause 8 of rule XX, the Chair ask unanimous consent that all Mem- will postpone further proceedings bers may have 5 legislative days to re- H.R. 1120 today on motions to suspend the rules vise and extend their remarks and to Be it enacted by the Senate and House of Rep- resentatives of the United States of America in on which a recorded vote or the yeas include extraneous material on the bill and nays are ordered, or on which the Congress assembled, under consideration. SECTION 1. SHORT TITLE. vote incurs objection under clause 6 of The SPEAKER pro tempore. Is there rule XX. This Act may be cited as the ‘‘Central objection to the request of the gentle- Texas Water Recycling Act of 2009’’. Record votes on postponed questions woman from the Virgin Islands? will be taken after 6:30 p.m. today. SEC. 2. PROJECT AUTHORIZATION. There was no objection. (a) IN GENERAL.—The Reclamation Waste- f Mrs. CHRISTENSEN. I yield myself water and Groundwater Study and Facilities AVRA/BLACK WASH RECLAMATION such time as I may consume. Act (Public Law 102–575; 43 U.S.C. 390h et AND RIPARIAN RESTORATION Mr. Speaker, H.R. 325, sponsored by seq.) is amended by inserting after section 16ll the following new section: PROJECT the National Parks, Forests and Public Lands Subcommittee chairman, RAU´ L ‘‘SEC. 16ll. CENTRAL TEXAS WATER RECYCLING Mrs. CHRISTENSEN. Mr. Speaker, I AND REUSE PROJECT. GRIJALVA, authorizes the Secretary of move to suspend the rules and pass the ‘‘(a) AUTHORIZATION.—The Secretary, in co- the Interior to participate in the Avra/ operation with the City of Waco and other bill (H.R. 325) to amend the Reclama- Black Wash Reclamation and Riparian tion Wastewater and Groundwater participating communities in the Central Restoration Project. The extremely Texas Water Recycling and Reuse Project is Study and Facilities Act to authorize arid conditions and climate of the Tuc- authorized to participate in the design, plan- the Secretary of the Interior to partici- son, Arizona metropolitan area require ning, and construction of permanent facili- pate in the Avra/Black Wash Reclama- the careful and innovative planning of ties to reclaim and reuse water in McLennan tion and Riparian Restoration Project. both water supply and wastewater County, Texas. The Clerk read the title of the bill. ‘‘(b) COST SHARE.—The Federal share of the treatment systems. costs of the project described in subsection The text of the bill is as follows: The proposed Avra Valley Reclama- H.R. 325 (a) shall not exceed 25 percent of the total tion and Riparian Restoration site cost. Be it enacted by the Senate and House of Rep- would spread treated wastewater on ‘‘(c) LIMITATION.—The Secretary shall not resentatives of the United States of America in the mesquite riparian forest in Black provide funds for the operation and mainte- Congress assembled, Wash, creating valuable riparian habi- nance of the project described in subsection SECTION 1. SHORT TITLE. tat for migrating birds while re- (a). This Act may be cited as the ‘‘Avra/Black charging groundwater for the greater ‘‘(d) SUNSET OF AUTHORITY.—The authority Wash Reclamation and Riparian Restoration of the Secretary to carry out any provisions Project’’. Tucson area. of this section shall terminate 10 years after SEC. 2. PROJECT AUTHORIZATION. I commend Mr. GRIJALVA for bringing the date of enactment of this section.’’. (a) IN GENERAL.—The Reclamation Waste- this legislation to our attention, and I (b) CLERICAL AMENDMENT.—The table of water and Groundwater Study and Facilities urge my colleagues to support the pas- sections in section 2 of Public Law 102–575 is Act (Public Law 102–575, title XVI; 43 U.S.C. sage of H.R. 325. amended by inserting after the item relating 390h et seq.) is amended by adding at the end I reserve the balance of my time. to section 16ll the following: the following: Mr. LAMBORN. I yield myself such ‘‘Sec. 16ll. Central Texas Water Recycling ‘‘SEC. 16ll. AVRA/BLACK WASH RECLAMATION time as I may consume. and Reuse Project.’’. AND RIPARIAN RESTORATION Mr. Speaker, the Democratic bill The SPEAKER pro tempore. Pursu- PROJECT, PIMA COUNTY, ARIZONA. manager has adequately explained this ant to the rule, the gentlewoman from ‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with Pima County, Arizona, may bill. An earlier version of the bill would the Virgin Islands (Mrs. CHRISTENSEN) participate in the planning, design, and con- have allowed water infrastructure and the gentleman from Colorado (Mr. struction of water recycling facilities and to funds to be expended for trails and a LAMBORN) each will control 20 minutes. enhance and restore riparian habitat in the visitors center. The bill now targets The Chair recognizes the gentle- Black Wash Sonoran Desert ecosystem in funding for water recycling infrastruc- woman from the Virgin Islands. Avra Valley west of the metropolitan Pima ture only. As such, we have no objec- GENERAL LEAVE County area. tion to this narrowly focused bill. Mrs. CHRISTENSEN. Mr. Speaker, I ‘‘(b) COST SHARING.—The Federal share of the cost of the project described in sub- I would yield back the balance of my ask unanimous consent that all Mem- section (a) shall not exceed 25 percent of the time. bers may have 5 legislative days to re- cost of the project. Mrs. CHRISTENSEN. Mr. Speaker, I vise and extend their remarks and to ‘‘(c) LIMITATION.—Federal funds provided have no further speakers, and I yield include extraneous material on the bill under this section shall not be used for oper- back the balance of my time. under consideration. ation or maintenance of the project de- The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there scribed in subsection (a). question is on the motion offered by objection to the request of the gentle- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— the gentlewoman from the Virgin Is- woman from the Virgin Islands? There is authorized to be appropriated to lands (Mrs. CHRISTENSEN) that the carry out this section $14,000,000. There was no objection. ‘‘(e) USE OF FUNDS.—Federal funds pro- House suspend the rules and pass the Mrs. CHRISTENSEN. I yield myself vided under this section shall only be used bill, H.R. 325. such time as I may consume. for the design, planning and construction of The question was taken; and (two- Mr. Speaker, H.R. 1120 authorizes the water-related infrastructure.’’. thirds being in the affirmative) the Secretary of the Interior to participate

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.009 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6020 CONGRESSIONAL RECORD — HOUSE June 2, 2009 in the Central Texas Water Recycling ranking subcommittee member, Mrs. ‘‘(21) In the Cameron County, Texas, and Reuse Project. The project will MCMORRIS RODGERS, for their key roles Brownsville Irrigation District, water con- treat and recycle wastewater generated in this bill’s passage. servation and improvement projects as iden- by the city of Waco and six neighboring This legislation, Mr. Speaker, is a tified in the February 11, 2004, engineering kind of effort that shows what Con- report by NRS Consulting Engineers at a communities. Similar legislation was cost of $722,100. passed by the House under suspension gress can do when we work together on ‘‘(22) In the Cameron County, Texas Har- of the rules in the 109th and 110th Con- a bipartisan basis. lingen Irrigation District No. 1, water congresses. I also want to thank the mayors, city servation and improvement projects as iden- I urge my colleagues to support the council and staff from the cities of tified in the March 2004 engineering report passage of H.R. 1120, and I commend Waco, Lorena, Robinson, Hewitt, by Axiom-Blair Engineering at a cost of the bill’s sponsor, Mr. EDWARDS of Woodway, Bellmead, and Lacy- $4,173,950. Texas, for his persistence and hard Lakeview for their cooperative efforts ‘‘(23) In the Cameron County, Texas, Cam- work to secure authorization for this that brought us here today. eron County Irrigation District No. 2, water very important project. Finally, I want to extend special conservation and improvement projects as credit to Waco’s city manager, Larry identified in the February 11, 2004, engineer- Mr. Speaker, I reserve the balance of ing report by NRS Consulting Engineers at a my time. Groth, for his extraordinary leadership cost of $8,269,576. Mr. LAMBORN. Mr. Speaker, I yield on this bill. Without his leadership and ‘‘(24) In the Cameron County, Texas, Cam- myself such time as I may consume. that of his staff’s, without their hard eron County Irrigation District No. 6, water The Democratic bill manager has work and professionalism, we would conservation and improvement projects as adequately explained this bill, which not be here today. As a citizen of Waco, identified in an engineering report by Turner authorizes limited Federal participa- I am grateful for his and his staff’s out- Collie Braden, Inc., at a cost of $5,607,300. tion in a water reuse project in standing service to my hometown. ‘‘(25) In the Cameron County, Texas, McLennan County, Texas. We have no I urge a ‘‘yes’’ vote on H.R. 1120. Adams Gardens Irrigation District No. 19, water conservation and improvement objection to this well-intended bill. Mr. LAMBORN. Mr. Speaker, I will just reaffirm the support that this bill projects as identified in the March 2004 engi- I reserve the balance of my time. neering report by Axiom-Blair Engineering Mrs. CHRISTENSEN. Mr. Speaker, I has from our side of the aisle, I yield at a cost of $2,500,000. would now like to yield such time as he back the balance of my time. ‘‘(26) In the Hidalgo and Cameron Counties, might consume to the sponsor of this Mrs. CHRISTENSEN. Mr. Speaker, I Texas, Hidalgo and Cameron Counties Irriga- act, to our colleague, Mr. EDWARDS of yield back the balance of my time. tion District No. 9, water conservation and Texas. The SPEAKER pro tempore. The improvement projects as identified by the Mr. EDWARDS of Texas. Mr. Speak- question is on the motion offered by February 11 engineering report by NRS Con- er, I first want to thank the gentle- the gentlewoman from the Virgin Is- sulting Engineers at a cost of $8,929,152. ‘‘(27) In the Hidalgo and Willacy Counties, woman from the Virgin Islands for her lands (Mrs. CHRISTENSEN) that the House suspend the rules and pass the Texas, Delta Lake Irrigation District, water courtesy and for her kind comments conservation and improvement projects as and support for this legislation and for bill, H.R. 1120. identified in the March 2004 engineering re- her leadership on the committee. The question was taken; and (two- port by Axiom-Blair Engineering at a cost of Mr. Speaker, our communities and thirds being in the affirmative) the $8,000,000. Nation have a responsibility to be good rules were suspended and the bill was ‘‘(28) In the Hidalgo County, Texas, Hi- stewards of our water resources. That passed. dalgo County Irrigation District No. 2, a is why I introduced H.R. 1120, the Cen- A motion to reconsider was laid on water conservation and improvement project tral Texas Water Recycling Act of 2009. the table. identified in the engineering reports attached to a letter dated February 11, 2004, f This bill will authorize approxi- from the district’s general manager, at a mately $8 million in Federal funds to LOWER RIO GRANDE VALLEY cost of $5,312,475. help build an innovative water recy- WATER RESOURCES CONSERVA- ‘‘(29) In the Hidalgo County, Texas, Hi- cling program in partnership with my TION AND IMPROVEMENT ACT dalgo County Irrigation District No. 1, water hometown of Waco, Texas, and with OF 2009 conservation and improvement projects iden- several neighboring communities. It tified in an engineering report dated March supports efforts to manage water re- Mrs. CHRISTENSEN. Mr. Speaker, I 5, 2004, by Melden and Hunt, Inc. at a cost of sources efficiently in McLennan Coun- move to suspend the rules and pass the $5,595,018. ‘‘(30) In the Hidalgo County, Texas, Hi- ty by strategically locating regional bill (H.R. 1393) to amend the Lower Rio Grande Valley Water Resources Con- dalgo County Irrigation District No. 6, water satellite water treatment plants that conservation and improvement projects as will not only provide for the conserva- servation and Improvement Act of 2000 to authorize additional projects and ac- identified in the March 2004 engineering re- tion of our community’s water supply port by Axiom-Blair Engineering at a cost of but will also reduce costs to the tax- tivities under that Act, and for other $3,450,000. payers. purposes. ‘‘(31) In the Hidalgo County, Texas Santa The Clerk read the title of the bill. This project can provide up to 10 mil- Cruz Irrigation District No. 15, water con- The text of the bill is as follows: lion gallons per day of reused water, servation and improvement projects as iden- H.R. 1393 tified in an engineering report dated March thereby reducing the water demand on 5, 2004, by Melden and Hunt at a cost of Lake Waco. Instead of wasting valuable Be it enacted by the Senate and House of Rep- resentatives of the United States of America in $4,609,000. drinking water for use in factories and Congress assembled, ‘‘(32) In the Hidalgo County, Texas, on golf courses in July and August in SECTION 1. SHORT TITLE. Engelman Irrigation District, water con- Texas, which doesn’t make much sense, This Act may be cited as the ‘‘Lower Rio servation and improvement projects as iden- we will be able to use lower-cost recy- Grande Valley Water Resources Conserva- tified in an engineering report dated March cled wastewater for those purposes, and tion and Improvement Act of 2009’’. 5, 2004, by Melden and Hunt, Inc. at a cost of $2,251,480. will be able to save enough drinking SEC. 2. AUTHORIZATION OF ADDITIONAL PROJECTS AND ACTIVITIES UNDER ‘‘(33) In the Hidalgo County, Texas, Valley water for over 20,000 households. Acres Water District, water conservation The bottom line is this: By being THE LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT and improvement projects as identified in an good stewards of our water supply, we PROGRAM. engineering report dated March 2004 by will reduce water costs for businesses (a) ADDITIONAL PROJECTS.—Section 4(a) of Axiom-Blair Engineering at a cost of and for working families. It will save the Lower Rio Grande Valley Water Re- $500,000. taxpayers millions of dollars, and it sources Conservation and Improvement Act ‘‘(34) In the Hudspeth County, Texas, will encourage economic growth and of 2000 (Public Law 106–576; 114 Stat. 3067) is Hudspeth County Conservation and Reclama- jobs. amended by adding at the end the following: tion District No. 1, water conservation and ‘‘(20) In Cameron County, Texas, Bayview improvement projects as identified in the I want to thank Chairman RAHALL Irrigation District No. 11, water conserva- March 2004 engineering report by Axiom- and Ranking Member HASTINGS for tion and improvement projects as identified Blair Engineering at a cost of $1,500,000. their support of this measure, and I in the March 3, 2004, engineering report by ‘‘(35) In the El Paso County, Texas, El Paso want to thank the subcommittee chair- NRS Consulting Engineers at a cost of County Water Improvement District No. 1, woman, Mrs. NAPOLITANO, and the $1,425,219. water conservation and improvement

VerDate Nov 24 2008 01:48 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.013 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6021 projects as identified in the March 2004 engi- Mr. Speaker, H.R. 1393 amends the were authorized in the 106th and 107th neering report by Axiom-Blair Engineering Lower Rio Grande Valley Water Re- Congresses. This identical bill was at a cost of $10,500,000. sources Conservation and Improvement passed in the 109th and 110th Con- ‘‘(36) In the Hidalgo County, Texas, Donna Act of 2009 to authorize the construc- gresses, but it has always stalled in the Irrigation District, water conservation and improvement projects identified in an engi- tion of several water conservation Senate. I am hoping that the third neering report dated March 22, 2004, by projects in Cameron, Hidalgo, Willacy, time is the charm. Melden and Hunt, Inc. at a cost of $2,500,000. Hudspeth, and El Paso Counties in We have already made a great deal of ‘‘(37) In the Hidalgo County, Texas, Hi- Texas. I commend the bill’s sponsor, progress because this has been a col- dalgo County Irrigation District No. 16, Mr. HINOJOSA, for bringing this meas- laborative effort. The irrigation dis- water conservation and improvement ure to our attention. I urge the passage tricts have provided matching funds. projects identified in an engineering report of this noncontroversial bill. The Texas Water Development Board dated March 22, 2004, by Melden and Hunt, I reserve the balance of my time. and Texas A&M University have paid Inc. at a cost of $2,800,000. Mr. LAMBORN. I yield myself such for many of the engineering studies. ‘‘(38) The United Irrigation District of Hi- Federal appropriators have provided dalgo County water conservation and im- time as I may consume. provement projects as identified in a March Mr. Speaker, I rise in support of H.R. close to $20 million for previously au- 2004 engineering report by Sigler Winston, 1393. The Democratic bill manager has thorized projects. These funds are Greenwood and Associates at a cost of adequately explained this bill, which being put to good use. Numerous $6,067,021.’’. has passed the House in the last two projects are already under way, and (b) INCLUSION OF ACTIVITIES TO CONSERVE Congresses in one form or another. some are almost completed. WATER OR IMPROVE SUPPLY; TRANSFERS I reserve the balance of my time. Mr. Speaker, as a result, we are see- AMONG PROJECTS.—Section 4 of such Act Mrs. CHRISTENSEN. Mr. Speaker, I ing a water savings of as high as 80 per- (Public Law 106–576; 114 Stat. 3067) is further now want to yield as much time as he cent in the projects that have been amended by redesignating subsection (c) as completed. When the metering system subsection (e), and by inserting after sub- might consume to the sponsor of the section (b) the following: bill, to my classmate, Mr. RUBE´ N is fully installed, irrigation districts ‘‘(c) INCLUSION OF ACTIVITIES TO CONSERVE HINOJOSA of Texas. have a much clearer picture of water WATER OR IMPROVE SUPPLY.—In addition to Mr. HINOJOSA. Mr. Speaker, I thank usage and of water savings. This type the activities identified in the engineering the gentlewoman from my wonderful of investment is bringing us the state reports referred to in subsection (a), each congressional class of 1996 for giving of the art in irrigation systems in agri- project that the Secretary conducts or par- me this time and opportunity to speak cultural regions like the ones we have ticipates in under subsection (a) may include about an issue that is very important in deep south Texas. This data will be any of the following: vital to improving water management ‘‘(1) The replacement of irrigation canals to us in Texas. and lateral canals with buried pipelines. I rise in strong support of H.R. 1393, throughout our region. ‘‘(2) The impervious lining of irrigation ca- a bill that will authorize a variety of Most importantly, Federal authoriza- nals and lateral canals. water conservation projects, including tion has allowed us to tap into the re- ‘‘(3) Installation of water level, flow meas- several in my congressional district in sources of the North American Devel- urement, pump control, and telemetry sys- Texas and other projects all the way up opment Bank. To date, NADBank has tems. to El Paso. approved almost $24 million for these ‘‘(4) The renovation and replacement of I want to thank Chairman RAHALL kinds of projects, and the passage of pumping plants. and Ranking Member HASTINGS for H.R. 1393 will make these new projects ‘‘(5) Other activities that will result in the eligible for NADBank assistance. conservation of water or an improved supply bringing the legislation to the floor. I represent a region of the country In closing, I wish to say that, as of water. south Texas moves back into a drought ‘‘(d) TRANSFERS AMONG PROJECTS.—Of that is subject to periodic droughts but amounts made available for a project re- yet is experiencing phenomenal popu- cycle, I urge my colleagues to support this critical legislation. I urge my col- ferred to in any of paragraphs (20) through lation growth. When I came to Con- leagues on both sides of the aisle to (38) of subsection (a), the Secretary may gress in 1997, we had 7 years of drought transfer and use for another such project up support H.R. 1393. that made it impossible for our farmers to 10 percent.’’. Mr. LAMBORN. Mr. Speaker, at this to be able to make a profit. The 2000 SEC. 3. REAUTHORIZATION OF APPROPRIATIONS point, I will yield back the balance of census showed that the population of FOR LOWER RIO GRANDE CON- my time. STRUCTION. Hidalgo County, in my congressional Mrs. CHRISTENSEN. I yield back the Section 4(e) of the Lower Rio Grande Val- district, increased by 48 percent. The balance of my time, Mr. Speaker. ley Water Resources Conservation and Im- 2010 census is expected to show a very provement Act of 2000 (Public Law 106–576; The SPEAKER pro tempore. The similar growth of 48 to 50 percent. question is on the motion offered by 114 Stat. 3067), as redesignated by section On the Mexican side of the border, 2(b) of this Act, is further amended by insert- the gentlewoman from the Virgin Is- ing before the period the following: ‘‘for millions have come to work in the lands (Mrs. CHRISTENSEN) that the projects referred to in paragraphs (1) through maquiladoras to take advantage of the House suspend the rules and pass the (19) of subsection (a), and $42,356,145 (2004 dol- economic boom that has come from bill, H.R. 1393. lars) for projects referred to in paragraphs NAFTA. This growth has placed an The question was taken; and (two- (20) through (38) of subsection (a)’’. enormous strain on water delivery sys- thirds being in the affirmative) the The SPEAKER pro tempore. Pursu- tems along the Texas-Mexico border. rules were suspended and the bill was ant to the rule, the gentlewoman from Agriculture irrigation water often passed. the Virgin Islands (Mrs. CHRISTENSEN) flows through open dirt ditches, and A motion to reconsider was laid on and the gentleman from Colorado (Mr. studies show that much is lost to seep- the table. LAMBORN) each will control 20 minutes. age. Much of it is also lost to evapo- f The Chair recognizes the gentle- ration. Municipalities rely on the woman from the Virgin Islands. water from the irrigation delivery sys- b 1430 GENERAL LEAVE tems to meet the water needs of grow- LAND GRANT PATENT Mrs. CHRISTENSEN. Mr. Speaker, I ing communities. MODIFICATION ask unanimous consent that all Mem- This bill, H.R. 1393, will authorize 19 Mrs. CHRISTENSEN. Mr. Speaker, I bers may have 5 legislative days to re- projects that will allow border water move to suspend the rules and pass the vise and extend their remarks and to districts to continue upgrading and bill (H.R. 1280) to modify a land grant add extraneous material on the bill modernizing our antiquated water de- patent issued by the Secretary of the under consideration. livery systems through the installation Interior. The SPEAKER pro tempore. Is there of water pipes—PVC pipes and canal The Clerk read the title of the bill. objection to the request of the gentle- linings. That is what we have been The text of the bill is as follows: woman from the Virgin Islands? doing during the last 10 years, saving H.R. 1280 There was no objection. anywhere from 38 to 42 percent of Be it enacted by the Senate and House of Rep- Mrs. CHRISTENSEN. I yield myself water that we would have lost to seep- resentatives of the United States of America in such time as I may consume. age and evaporation. Similar projects Congress assembled,

VerDate Nov 24 2008 01:48 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.012 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6022 CONGRESSIONAL RECORD — HOUSE June 2, 2009 SECTION 1. AMENDMENTS TO LAND GRANT PAT- At this point, I would reserve the bal- the Great Lakes Shipwreck Museum to ENT ISSUED BY SECRETARY OF THE ance of my time. further develop this cultural and his- INTERIOR. Patent Number 61–2000–0007, issued by the Mrs. CHRISTENSEN. Mr. Speaker, at torical resource. Secretary of the Interior to the Great Lakes this time I would like to yield to the I encourage my colleagues to support Shipwreck Historical Society, Chippewa sponsor of the legislation, Mr. BART this simple legislation which would im- County, Michigan, pursuant to section 5505 STUPAK of Michigan. prove the opportunities available to of division A of the Omnibus Consolidated Mr. STUPAK. Mr. Speaker, I rise visitors of Chippewa County, Michigan, Appropriations Act, 1997 (Public Law 104–208; today as the author of H.R. 1280. I and the Great Lakes Shipwreck Mu- 110 Stat. 3009–516) is amended in paragraph 6, would like to thank the chairman and seum. under the heading ‘‘SUBJECT ALSO TO THE ranking member of the Interior Com- I thank the gentlewoman for yielding FOLLOWING CONDITIONS’’ by striking ‘‘White- me time. fish Point Comprehensive Plan of October mittee, Mrs. CHRISTENSEN and Mr. 1992, or a gift shop’’ and inserting ‘‘Human LAMBORN, and the committee staff for Mr. LAMBORN. Mr. Speaker, I yield Use/Natural Resource Plan for Whitefish their assistance in moving forward back the balance of my time. Point, dated December 2002, permitted as the with this legislation. Mrs. CHRISTENSEN. Mr. Speaker, I intent of Congress’’. H.R. 1280 is a straightforward bill yield back the balance of my time. The SPEAKER pro tempore. Pursu- that would allow the Great Lakes Ship- The SPEAKER pro tempore. The ant to the rule, the gentlewoman from wreck Historical Society to implement question is on the motion offered by the gentlewoman from the Virgin Is- the Virgin Islands (Mrs. CHRISTENSEN) the new Human Use/Natural Resource and the gentleman from Colorado (Mr. Management Plan for the Great Lakes lands (Mrs. CHRISTENSEN) that the House suspend the rules and pass the LAMBORN) each will control 20 minutes. Shipwreck Museum in Chippewa Coun- The Chair recognizes the gentle- ty, Michigan. bill, H.R. 1280. woman from the Virgin Islands. We have passed identical legislation The question was taken; and (two- thirds being in the affirmative) the GENERAL LEAVE on suspension out of the House of Rep- rules were suspended and the bill was Mrs. CHRISTENSEN. Mr. Speaker, I resentatives in the 109th and 110th ses- passed. ask unanimous consent that all Mem- sions of Congress before, but it was not considered by the Senate. I am hopeful, A motion to reconsider was laid on bers may have 5 legislative days in the table. which to revise and extend their re- with the House acting early this year marks and include extraneous material in this legislative session, that the leg- f on the bill under consideration. islation we pass today will allow the SHASTA-TRINITY NATIONAL The SPEAKER pro tempore. Is there Senate ample time to consider and ap- FOREST LAND TRANSFER prove this legislation. objection to the request of the gentle- Mrs. CHRISTENSEN. Mr. Speaker, I The Great Lakes Shipwreck Histor- woman from the Virgin Islands? move to suspend the rules and pass the ical Society is a nonprofit organization There was no objection. bill (H.R. 689) to interchange the ad- dedicated to preserving the history of Mrs. CHRISTENSEN. Mr. Speaker, ministrative jurisdiction of certain shipwrecks in the Great Lakes. Since I’m pleased to bring to the House for Federal lands between the Forest Serv- 1992, the Great Lakes Shipwreck His- its consideration this legislation spon- ice and the Bureau of Land Manage- torical Society has operated the Great sored by the gentleman from Michigan ment, and for other purposes, as Lakes Shipwreck Museum to educate (Mr. STUPAK). This bill makes a minor amended. the public about shipwrecks in the re- technical correction to a land patent The Clerk read the title of the bill. issued by the Secretary of the Interior gion. The museum provides exhibits on The text of the bill is as follows: several shipwrecks in the area, includ- to the Great Lakes Shipwreck Histor- H.R. 689 ing an in-depth exhibit on the Edmund ical Society. Be it enacted by the Senate and House of Rep- In 1997, Congress directed the Sec- Fitzgerald, which was lost with her en- resentatives of the United States of America in retary to grant a land patent transfer- tire crew of 29 men near Whitefish Congress assembled, ring a portion of the Whitefish Point Point, Michigan, on November 10, 1975. SECTION 1. INTERCHANGE OF LANDS TO THE BU- Coast Guard Light Station to the soci- Among the items on display is the 200- REAU OF LAND MANAGEMENT. ety for the purposes of developing a pound bronze bell recovered from the (a) INTERCHANGE.—Effective on the date of public museum dedicated to shipping wreckage in 1995, as a memorial to her the enactment of this Act, administrative juris- on the Great Lakes, including the well- lost crew. diction of the federally owned lands described in In 2002, the Great Lakes Shipwreck subsection (b) is transferred from the Secretary known tragedy of the S.S. Edmund of Agriculture to the Secretary of the Interior to Fitzgerald, an iron ore carrier lost on Historical Society, working with the be subject to the laws, rules, and regulations ap- Lake Superior in 1975. U.S. Fish and Wildlife Service, the plicable to the public lands administered by the A condition of the patent was that Michigan Audubon Society, and the Bureau of Land Management (hereafter in this the use of the land conform to the local community finalized a new man- Act referred to as the ‘‘BLM’’). Whitefish Point Comprehensive Plan of agement plan to improve the experi- (b) LANDS AFFECTED.—Except as provided in 1992. That plan has been replaced by a ence at the museum. The new manage- subsection (c), the lands transferred to the ad- new document, the December 2002 ment plan, which was signed and ministration of the Secretary of the Interior, agreed upon by the interested parties, through the BLM, under subsection (a) are Human Use/Natural Resource Plan for those heretofore within the Shasta-Trinity Na- Whitefish Point. This bill strikes the will allow the historical society to ex- tional Forest in California, Mount Diablo Me- reference to the old plan and replaces pand the museum’s exhibits while ad- ridian, as shown on the map titled ‘‘H.R. 689, it with the title of the current docu- dressing concerns about parking and Transfer from Forest Service to BLM, Map 1’’, ment. access to surrounding wildlife areas. dated April 21, 2009. Congressman STUPAK has worked However, because the original land pat- (c) EXCEPTED LANDS.—Excepted from the diligently on behalf of this legislation. ent references the previous manage- transfer under this section are those lands with- ment plan, legislation to amend the in the Shasta Dam Reclamation Zone which The museum is one of the most popular shall continue to be administered by the Sec- attractions in Michigan’s Upper Penin- patent is necessary before the new retary of the Interior through the Bureau of sula, and Mr. STUPAK has been a great management plan can be implemented. Reclamation. advocate on its behalf. H.R. 1280 amends the land grant pat- SEC. 2. INTERCHANGE OF LANDS TO THE FOREST I wholeheartedly support H.R. 1280 ent to allow the new management plan SERVICE. and urge its adoption by the House to be implemented. Congressman CAMP (a) INTERCHANGE.—Effective on the date of today. of Michigan has joined me in cospon- the enactment of this Act, administrative juris- I reserve the balance of my time. soring this legislation, and I thank him diction of the federally owned lands described in Mr. LAMBORN. Mr. Speaker, I rise for his support. subsection (b) is transferred from the Secretary The Great Lakes Shipwreck Histor- of the Interior to the Secretary of Agriculture to to speak on H.R. 1280, and I yield my- be subject to the laws, rules, and regulations ap- self such time as I may consume. ical Society has continuously improved plicable to the National Forest System. Such H.R. 1280 has been well explained by the experience at the museum since it lands are hereby withdrawn from the public do- the majority, and we support the legis- was established in 1992. With the ap- main and reserved for administration as part of lation. proval of H.R. 1280, Congress will allow the Shasta-Trinity National Forest.

VerDate Nov 24 2008 01:48 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 6333 E:\CR\FM\A02JN7.008 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6023 (b) LANDS AFFECTED.—The lands transferred users are having with permitting. Due conjunction with the local OHV com- to the administration of the Secretary of Agri- to the patchwork nature of the Federal munity. The BLM will be able to con- culture, through the Forest Service, under sub- land in that area, OHV users currently solidate the OHV area, while in ex- section (a), are those heretofore administered by need to acquire two permits—one from change, the Forest Service will benefit the BLM in California, Mount Diablo Meridian, as shown on the map titled ‘‘H.R. 689, Transfer the BLM and one from the Forest Serv- by receiving small tracts of wilderness from BLM to Forest Service, Map 2’’, dated ice. This bill will mean that OHV users area that are currently managed by the April 21, 2009. need only one permit from the BLM to BLM but are contiguous to Forest (c) WILDERNESS ADMINISTRATION.—The trans- operate the vehicles in the region. Service land. The exchange only infer of administrative jurisdiction from the BLM The administration supports this leg- volves lands that are already con- to the Forest Service of certain lands previously islation, and so do I. trolled by the Federal Government and designated as part of the Trinity Alps Wilder- I reserve the balance of my time. will not change the designation of ness shall not affect the wilderness status of Mr. LAMBORN. Mr. Speaker, I rise such lands. these lands. (d) LAND AND WATER CONSERVATION FUND.— to speak on behalf of H.R. 689 and yield This legislation is a prime example of For the purposes of section 7 of the Land and myself such time as I may consume. commonsense solutions and better gov- Water Conservation Fund Act of 1965 (16 U.S.C. Mr. Speaker, I want to commend ernment that will result in a win-win 460l–9), the boundaries of the Shasta-Trinity Congressman HERGER and his staff for for the taxpayers and their access to National Forest, as adjusted pursuant to this their excellent work on this legisla- our public lands. Act, shall be considered the boundaries of that tion. I would urge my colleagues to sup- national forest as of January 1, 1965. After hearing from many concerned port this legislation. SEC. 3. EXISTING RIGHTS AND AUTHORIZATIONS. constituents, Congressman HERGER has Mrs. CHRISTENSEN. Mr. Speaker, I Nothing in this Act shall affect any valid ex- sought to help Forest Service and Bu- isting rights, nor affect the validity or term and would inquire if my colleague has any conditions of any existing withdrawal, right-of- reau of Land Management officials bet- other speakers on the other side? way, easement, lease, license or permit on lands ter manage a complex mix of adminis- Mr. LAMBORN. We have no more transferred by this Act, except that any such trative jurisdictions in Shasta County, speakers. authorization shall be administered by the agen- a place renown for its natural beauty. Mrs. CHRISTENSEN. I yield back the cy having jurisdiction of the land after the en- This legislation will help both agen- balance of my time. actment of this Act in accordance with applica- cies. It will also greatly benefit the off- Mr. LAMBORN. And I yield back ble law. Reissuance of any such authorization highway vehicle users who have been also. shall be in accordance with applicable law and using this area for generations. regulations of the agency having jurisdiction. The SPEAKER pro tempore. The Not surprisingly, this bill has wide- SEC. 4. HAZARDOUS SUBSTANCES. question is on the motion offered by (a) NOTICE.—The Forest Service for lands de- spread support among local OHV users. the gentlewoman from the Virgin Is- scribed in section 1, and the BLM for lands de- It is a rare feat to have two separate lands (Mrs. CHRISTENSEN) that the scribed in section 2, shall identify any known Federal agencies and the public all House suspend the rules and pass the sites containing hazardous substances and pro- agreeing that a particular piece of leg- bill, H.R. 689, as amended. vide such information to the receiving agency. islation is worthy of praise. Congress- The question was taken; and (two- (b) CLEAN UP OBLIGATIONS.—The clean up of man HERGER should be congratulated thirds being in the affirmative) the hazardous substances on lands transferred by for this. It is for legislation such as this Act shall be the responsibility of the agency rules were suspended and the bill, as having jurisdiction over the lands on the day this that Congressman HERGER has a amended, was passed. before the date of the enactment of this Act. reputation for addressing the needs of A motion to reconsider was laid on SEC. 5. CORRECTIONS. his Northern California constituents. the table. (a) MINOR ADJUSTMENTS.—The Director of the At this time, I would yield such time f BLM and the Chief of the Forest Service, may, as he may consume to the gentleman by mutual agreement, effect minor corrections from California (Mr. HERGER), the au- CAMP HALE STUDY ACT and adjustments to the interchange provided for thor of the bill. in this Act to facilitate land management, in- Mrs. CHRISTENSEN. Mr. Speaker, I Mr. HERGER. I thank the gentleman. move to suspend the rules and pass the cluding survey. Mr. Speaker, I rise today in support (b) PUBLICATIONS.—Any corrections or adjust- bill (H.R. 2330) to direct the Secretary ments made under subsection (a) shall be effec- of H.R. 689 to interchange the adminis- of the Interior to carry out a study to tive upon publication of a notice in the Federal trative jurisdiction of certain Federal determine the suitability and feasi- Register. lands between the Forest Service and bility of establishing Camp Hale as a The SPEAKER pro tempore. Pursu- the Bureau of Land Management. This unit of the National Park System, as ant to the rule, the gentlewoman from bill is a simple jurisdictional exchange amended. the Virgin Islands (Mrs. CHRISTENSEN) between Federal agencies to allow for The Clerk read the title of the bill. and the gentleman from Colorado (Mr. more consolidated and efficient man- The text of the bill is as follows: agement of the Chappie-Shasta Off- LAMBORN) each will control 20 minutes. H.R. 2330 The Chair recognizes the gentle- Highway Vehicle area in the Northern California congressional district I rep- Be it enacted by the Senate and House of Rep- woman from the Virgin Islands. resentatives of the United States of America in GENERAL LEAVE resent. Congress assembled, I’m a firm believer in policies that Mrs. CHRISTENSEN. I ask unani- SECTION 1. SHORT TITLE. mous consent that all Members may limit bureaucracy and government in- This Act may be cited as the ‘‘Camp Hale have 5 legislative days in which to re- terference in our everyday lives. H.R. Study Act’’. vise and extend their remarks and in- 689 accomplishes these goals and will SEC. 2. SPECIAL RESOURCE STUDY OF THE SUIT- clude extraneous material on the bill also improve access and recreational ABILITY AND FEASIBILITY OF ES- under consideration. use of these Federal lands. TABLISHING CAMP HALE AS A UNIT OF THE NATIONAL PARK SYSTEM. The SPEAKER pro tempore. Is there For years, many of my constituents (a) IN GENERAL.—The Secretary of the In- objection to the request of the gentle- have raised their concerns over difficulties in dealing with two Federal terior, acting through the Director of the woman from the Virgin Islands? National Park Service (hereinafter referred There was no objection. agencies to use one OHV area. Issues to as the ‘‘Secretary’’), shall complete a spe- Mrs. CHRISTENSEN. Mr. Speaker, such as duplicative permits add sub- cial resource study of Camp Hale to deter- H.R. 689 was introduced by our col- stantial and unnecessary costs to the mine— league from California, Representative users, and even different opening dates (1) the suitability and feasibility of desig- HERGER. The bill authorizes the ex- for the same area have resulted in frus- nating Camp Hale as a separate unit of the change of land between the Forest tration from the thousands of users National Park System; and Service and the Bureau of Land Man- from across California and elsewhere (2) the methods and means for the protec- who try to cope with this redundant tion and interpretation of Camp Hale by the agement. The specified lands are lo- National Park Service, other Federal, State, cated within the Shasta-Trinity Na- management. or local government entities or private or tional Forest in Northern California. This noncontroversial exchange was nonprofit organizations. The purpose of the exchange is to developed collaboratively at the local (b) STUDY REQUIREMENTS.—The Secretary ease problems that off-highway vehicle level by the Forest Service and BLM in shall conduct the study in accordance with

VerDate Nov 24 2008 01:48 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.009 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6024 CONGRESSIONAL RECORD — HOUSE June 2, 2009 section 8(c) of Public Law 91–383 (16 U.S.C. Camp Hale for designation as a unit of (1) The North Cascades complex contains 1a–5(c)). the National Park System. Tennessee 245 mountain lakes, of which 91 have been (c) REPORT.—Not later than 3 years after Pass and Camp Hale served as the historically stocked with fish. the date on which funds are made available training site for the 10th Mountain Di- (2) In many cases, the stocking of fish in to carry out this Act, the Secretary shall these lakes dates back to the 1800s. submit to the Committee on Natural Re- vision, a specialized skiing unit whose (3) This practice has been important to the sources of the House of Representatives and heroism during World War II in Italy economy of the area because of the rec- the Committee on Energy and Natural Re- still inspires our Nation. Later, the reational opportunities it creates. sources of the Senate a report containing— site was used for covert training oper- (4) During congressional hearings on the (1) the results of the study; and ations for Tibetan freedom fighters and designation of the North Cascades National (2) any recommendations of the Secretary. other activities that furthered the Park, the Department of the Interior indi- SEC. 3. EFFECT OF STUDY. cause of freedom during the Cold War. cated that the practice of fish stocking Nothing in this Act shall affect valid exist- The geography of the area is ideal for would be continued if the area became a unit ing rights, including— of the National Park Service system. winter and high-altitude training, with (5) Since designation of the National Park (1) all interstate water compacts in exist- steep mountains surrounding a level ence on the date of the enactment of this Act in 1968, the stocking of certain lakes has con- (including full development of any appor- valley suitable for housing and other tinued under various agreements between tionment made in accordance with the com- facilities. In addition to the 10th Moun- the National Park Service and the State of pacts); tain Division, the 38th Regimental Washington. (2) water rights decreed at the Camp Hale Combat Team and 99th Infantry Bat- (6) An Environmental Impact Statement site or flowing within, below, or through the talion, as well as soldiers from Fort completed by the National Park Service rec- Camp Hale site; Carson, were trained at Camp Hale ommends continued stocking of up to 42 of the lakes that have historically been stocked (3) water rights in the State of Colorado; from 1942 to 1965. (4) water rights held by the United States; with fish. Today, this landmark section of Col- (b) PURPOSE.—The purpose of this Act is to and orado is the location of an outstanding (5) the management and operation of any clarify the continued authority of the Na- reservoir, including the storage, manage- ski area. With Park Service recogni- tional Park Service to allow the stocking of ment, release, or transportation of water. tion, it will provide unique educational fish in certain lakes in the North Cascades opportunities for learning about an im- National Park, Ross Lake National Recre- The SPEAKER pro tempore. Pursu- portant but little-known part of our ation Area, and Lake Chelan National Recre- ant to the rule, the gentlewoman from history. Listing Tennessee Pass and ation Area. the Virgin Islands (Mrs. CHRISTENSEN) Camp Hale as a unit of the National SEC. 2. STOCKING OF CERTAIN LAKES IN NORTH and the gentleman from Colorado (Mr. CASCADES NATIONAL PARK, ROSS Park System will allow us to learn LAMBORN) each will control 20 minutes. LAKE NATIONAL RECREATION AREA, about and experience a unique episode AND LAKE CHELAN NATIONAL The Chair recognizes the gentle- of history in its original setting in this RECREATION AREA. woman from the Virgin Islands. spectacular beauty of Colorado. (a) IN GENERAL.—The Secretary of the In- GENERAL LEAVE terior, acting through the Director of the Mrs. CHRISTENSEN. Mr. Speaker, b 1445 National Park Service, shall authorize the again I ask unanimous consent that all I also want to thank Senator MARK stocking of fish in lakes in the North Cas- cades National Park, Ross Lake National Members may have 5 legislative days UDALL, who last year as a Representa- Recreation Area, and Lake Chelan National to revise and extend their remarks and tive was a cosponsor of this bill with Recreation Area. include extraneous material on the bill me and this year has agreed to be the (b) CONDITIONS.—The following conditions under consideration. Senate sponsor if, and when, this bill shall apply to stocking of lakes under sub- The SPEAKER pro tempore. Is there goes to the Senate. section (a): objection to the request of the gentle- At this point, I would yield back the (1) The Secretary is authorized to allow woman from the Virgin Islands? balance of my time. stocking in not more than 42 of the 91 lakes There was no objection. Mrs. CHRISTENSEN. I have no fur- which have historically been stocked with Mrs. CHRISTENSEN. Mr. Speaker, ther speakers. I yield back the balance fish. (2) The Secretary shall only stock fish that H.R. 2330 was introduced by our col- of my time as well. The SPEAKER pro tempore. The are— league from Colorado, Representative (A) native to the watershed; or LAMBORN, and the bill directs the Na- question is on the motion offered by (B) functionally sterile. tional Park Service to study how best the gentlewoman from the Virgin Is- (3) The Secretary shall coordinate the to preserve Camp Hale near Leadville, lands (Mrs. CHRISTENSEN) that the stocking of fish with the State of Wash- Colorado. Camp Hale operated from House suspend the rules and pass the ington. 1942 to 1965 as a winter and high-alti- bill, H.R. 2330, as amended. The SPEAKER pro tempore. Pursu- tude training venue for the 10th Moun- The question was taken; and (two- ant to the rule, the gentlewoman from tain Division and other elements of the thirds being in the affirmative) the the Virgin Islands (Mrs. CHRISTENSEN) U.S. Armed Forces. rules were suspended and the bill, as and the gentleman from Colorado (Mr. This 250,000-acre camp was also used amended, was passed. LAMBORN) each will control 20 minutes. by the Central Intelligence Agency as a A motion to reconsider was laid on The Chair recognizes the gentle- secret center for training Tibetan refu- the table. woman from the Virgin Islands. gees in guerilla warfare to resist the f GENERAL LEAVE Chinese occupation. The lands were re- DIRECTING FISH STOCKING IN Mrs. CHRISTENSEN. Mr. Speaker, I turned to the Forest Service in 1966. CERTAIN WASHINGTON LAKES ask unanimous consent that all Mem- Today, the camp is part of the White Mrs. CHRISTENSEN. Mr. Speaker, I bers may have 5 legislative days in River and San Isabel National Forests. move to suspend the rules and pass the which to revise and extend their re- Camp Hale was placed on the National bill (H.R. 2430) to direct the Secretary marks and include extraneous material Register of Historic Places in 1992. This of the Interior to continue stocking on the bill under consideration. legislation passed the House last Con- fish in certain lakes in the North Cas- The SPEAKER pro tempore. Is there gress but was not acted upon by the cades National Park, Ross Lake Na- objection to the request of the gentle- other body. tional Recreation Area, and Lake Che- woman from the Virgin Islands? Mr. Speaker, we support the passage lan National Recreation Area. There was no objection. of this measure. The Clerk read the title of the bill. Mrs. CHRISTENSEN. Mr. Speaker, I reserve the balance of my time. The text of the bill is as follows: H.R. 2430, introduced by the ranking Mr. LAMBORN. Mr. Speaker, I yield H.R. 2430 member of the Natural Resources Com- myself such time as I may consume. mittee, Doc Hastings, directs the Sec- Be it enacted by the Senate and House of Rep- Thank you. I would like to thank the resentatives of the United States of America in retary of the Interior to stock certain gentlelady for her kind words. Congress assembled, lakes in the North Cascades National I am pleased to be the sponsor of this SECTION 1. FINDINGS; PURPOSE. Park with fish. bill that directs the National Park (a) FINDINGS.—Congress finds the fol- Fish did not naturally inhabit any of Service to study the suitability of lowing: the 245 lakes in the North Cascades of

VerDate Nov 24 2008 01:48 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.011 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6025 Washington because they are at such the director of the Park Service to the the North Cascades National Park clearly indi- high elevations. But in the late 1800s, agency’s general policy against stock- cated that fish stocking should continue. More local officials began stocking some of ing lakes. This will ensure that allow- significantly, the legislation creating the Park these mountain lakes with nonnative ing this activity to continue where it even identifies fishing as an important rec- fish. By the late 1930s, the State had has been carefully reviewed and found reational use. assumed management of this effort, to be appropriate does not set a prece- When questions were raised about the envi- and recreational fishing in these lakes dent for other Parks. ronmental impacts of fish stocking, the Park became increasingly popular. Mr. Speaker, the National Parks, Service prepared an Environmental Impact In 1968, North Cascades was des- Forests and Public Lands Sub- Statement on the fisheries in these mountain ignated as a national park, and in 1988, committee held hearings on this legis- lakes. The preferred alternative selected in the the Steven T. Mather Wilderness Area lation on April 24 of last year, and it final record of decision is to allow continued was set aside within the park. Now, all passed the House by voice vote on July fish stocking in forty-two lakes where the but one of these lakes are located with- 14, 2008. This bipartisan legislation has agency has concluded there would be no ad- in the Mather Wilderness Area. Stock- been carefully and narrowly drafted verse impact on native ecosystems. In this re- ing continued, though, through a series and has the support of recreation advo- port the Park Service also requested explicit of National Park Service waivers, but cates, as well as State and local gov- authority to allow fish stocking to continue the National Park Service has made it ernment. I urge my colleagues to sup- within the Park. clear that stocking will not continue port this bill. In order to protect this longstanding practice unless the practice is specifically au- Mr. LARSEN of Washington. Mr. Speaker, I in the North Cascades, I introduced H.R. 2430 thorized by Congress. rise today to express my support for H.R. to ensure that fish stocking can continue. After H.R. 2430 will provide that authoriza- 2430, legislation which will allow for the con- years of consultation with local leaders on this tion. We have no objections to H.R. tinued stocking of trout in mountain lakes in issue, it is clear to me that communities in and 2430. the North Cascades National Park, Lake Che- around the North Cascades National Park I reserve the balance of my time. lan National Recreation Area, and Ross Lake Complex want fish stocking to continue. Many Mr. LAMBORN. Mr. Speaker, I yield National Recreation Area in my home State of tourists visit the Park for its scenic beauty as myself such time as I may consume. Washington. well as for its fishing opportunities, helping Mr. Speaker, H.R. 2430 was intro- For over 100 years, sportsmen and women make fish stocking an important component of duced by the ranking Republican of the in the Pacific Northwest have stocked lakes in the Central Washington economy. committee, Mr. HASTINGS of Wash- the North Cascades with trout early each sum- Finally, I would like to thank many of my ington, and has the bipartisan support mer and returned later in the year with family Washington state colleagues who cospon- of five other Members of the Wash- and friends to camp and fish. sored H.R. 2430, including RICK LARSEN, ington delegation. Fish stocking brings not only recreational NORM DICKS, CATHY MCMORRIS RODGERS, This legislation simply implements benefits, but also economic benefits for rural BRIAN BAIRD and ADAM SMITH. I especially the recommendations of the National communities that rely on sportsmen and park would like to note the assistance provided by Park Service’s 2008 final Environ- visitors to sustain local businesses. NORM DICKS, whose involvement in this issue mental Impact Statement on mountain The practice of fish stocking is supported by goes back to his time as a staff member in lakes fishery management in the North both the angling community and the Wash- Congress. I urge all my colleagues to support Cascades National Park. ington State Department of Fish and Wildlife. this common sense legislation and ensure that Beginning in the 1880s, 91 of the 245 Earlier this year, the North Cascades National local residents and all visitors to the North lakes within the park complex have Park issued an Environmental Impact State- Cascades National Park can continue to enjoy been stocked with trout. When the ment supporting the continued stocking of fish. recreational fishing as they have for more than North Cascades National Park was cre- However, a recent legal opinion issued by a century. ated in 1968, the Park Service contin- the National Parks Service threatens this dec- Mr. LAMBORN. I would yield back ued to allow fish stocking under the su- ades-old tradition. The Parks Service has de- the balance of my time. pervision of the Washington State De- termined that, without legal clarification from Mrs. CHRISTENSEN. I yield back the partment of Fish and Wildlife. Congress, they will be unable to allow fish balance of my time, Mr. Speaker. To address subsequent questions stocking in the future. The SPEAKER pro tempore. The about the environmental impact of H.R. 2430 would provide the Parks Service question is on the motion offered by stocking the lakes, the Park Service with the clarification it needs to continue to the gentlewoman from the Virgin Is- agreed to complete a NEPA review on allow fish stocking. This legislation will author- lands (Mrs. CHRISTENSEN) that the fisheries management within the park. ize the Secretary of the Interior, in coordina- House suspend the rules and pass the This review began in 2002 and resulted tion with the State of Washington, to allow bill, H.R. 2430. in a record of decision last year, which sportsmen to stock native or functionally ster- The question was taken; and (two- concluded that fish stocking could con- ile trout in up to 42 alpine lakes in the North thirds being in the affirmative) the tinue in 42 of these lakes without ad- Cascades National Park, Lake Chelan Na- rules were suspended and the bill was versely affecting native ecosystems. tional Recreation Area, and Ross Lake Na- passed. The legislation creating the North tional Recreation Area. A motion to reconsider was laid on Cascades National Park specifically I urge my colleagues to join me in sup- the table. identifies fishing as an important rec- porting this bipartisan legislation to protect the f reational use. Although recreational tradition of fish stocking in and around the NATIVE AMERICAN HERITAGE DAY fishing is called for in the park’s ena- North Cascades National Park. ACT OF 2009 bling act and stocking has continued Mr. HASTINGS of Washington. Mr. Speak- Mrs. CHRISTENSEN. Mr. Speaker, I throughout its existence, the Park er, I urge my colleagues to support H.R. 2430, move to suspend the rules and pass the Service has requested that this author- legislation to allow for the continued stocking joint resolution (H.J. Res. 40) to honor ity be specifically authorized for it to of fish in certain alpine lakes in the North Cas- the achievements and contributions of continue. cades National Park Complex, including the Native Americans to the United States, H.R. 2430 adopts the 42 lakes identi- North Cascades National Park, Ross Lake Na- and for other purposes, as amended. fied in the Park Service’s Environ- tional Recreation Area, and Lake Chelan Na- The Clerk read the title of the joint mental Impact Statement as a ceiling tional Recreation Area. resolution. for fish stocking, directs the agency to Many of these lakes have been stocked The text of the joint resolution is as work with the Washington State De- since the late 19th century, long before they follows: partment of Fish and Wildlife to super- became part of the National Park complex. H.J. RES. 40 vise this activity, and limits stocking For decades, volunteer groups, working with Resolved by the Senate and House of Rep- to native or sterile fish. the State of Washington, have stocked trout in resentatives of the United States of America in Passing this legislation will author- a number of lakes in this area under carefully Congress assembled, ize fish stocking in limited cir- constructed management plans written by SECTION 1. SHORT TITLE. cumstances in this particular park State and Park Service biologists. In addition, This Act may be cited as the ‘‘Native rather than relying on a waiver from congressional consideration of the creation of American Heritage Day Act of 2009’’.

VerDate Nov 24 2008 01:48 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.025 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6026 CONGRESSIONAL RECORD — HOUSE June 2, 2009 SEC. 2. FINDINGS. GENERAL LEAVE people from hundreds of different Congress finds that— Mrs. CHRISTENSEN. Mr. Speaker, I tribes have distinguished themselves (1) Native Americans are the descendants ask unanimous consent that all Mem- across history as leaders, peacemakers, of the aboriginal, indigenous, native people bers may have 5 legislative days to re- and in many walks of life. They be- who were the original inhabitants of and who governed the lands that now constitute the vise and extend their remarks and in- queathed a legacy that inspires and en- United States; clude extraneous material on the bill riches future generations. (2) Native Americans have volunteered to under consideration. It is right that this resolution en- serve in the United States Armed Forces and The SPEAKER pro tempore. Is there courages all Americans to recognize have served with valor in all of the Nation’s objection to the request of the gentle- the day after Thanksgiving as a day to military actions from the Revolutionary War woman from the Virgin Islands? appreciate and learn more about Na- through the present day, and in most of There was no objection. tive Americans, and again, we support those actions, more Native Americans per Mrs. CHRISTENSEN. Mr. Speaker, this measure. capita served in the Armed Forces than any House Joint Resolution 40 honors the I reserve the balance of my time. other group of Americans; achievements and contributions of Na- Mrs. CHRISTENSEN. Mr. Speaker, at (3) Native American tribal governments in- this time I’d like to yield such time as cluded the fundamental principles of freedom tive Americans to the United States. of speech and separation of governmental The descendants of the original indige- he may consume to the sponsor of this powers; nous people of this great Nation have resolution, Congressman BACA of Cali- (4) Native Americans have made distinct greatly contributed to our Nation’s fornia. and significant contributions to the United rich cultural heritage and deserve to be (Mr. BACA asked and was given per- States and the rest of the world in many recognized for their contributions to mission to revise and extend his re- fields, including agriculture, medicine, the United States as national leaders, marks.) music, language, and art, and Native Ameri- Mr. BACA. I rise today in support of artists, athletes, scholars and patriots. cans have distinguished themselves as inven- H.J. Res. 40, the Native American Her- Native Americans have made distinct tors, entrepreneurs, spiritual leaders, and itage Day Act of 2009. scholars; and significant contributions to the I would like to thank Natural Re- (5) Native Americans should be recognized United States and the world in many sources Chairman NICK RAHALL, Rank- for their contributions to the United States fields, including agriculture, medicine, ing Member DOC HASTINGS, and the as local and national leaders, artists, ath- music, language, and art. Native Amer- letes, and scholars; leadership for their support and efforts icans have distinguished themselves as in bringing this resolution to the floor. (6) nationwide recognition of the contribu- notable inventors, entrepreneurs, spir- tions that Native Americans have made to I also would like to recognize the the fabric of American society will afford an itual leaders, and scholars. gentlelady from the Virgin Islands, opportunity for all Americans to dem- Tribal governments have embodied Representative CHRISTENSEN, and DOUG onstrate their respect and admiration of Na- the spirit of the U.S. Constitution and LAMBORN from Colorado, for their hard tive Americans for their important contribu- the liberties of democracy since before work in the Natural Resources Com- tions to the political, cultural, and economic the Founding Fathers. They enjoyed mittee. life of the United States; the fundamental principles of freedom H.J. Res. 40 will help pay tribute to (7) nationwide recognition of the contribu- of speech and separation of govern- Native Americans for their many con- tions that Native Americans have made to mental powers that we hold so dearly. tributions to the United States by en- the Nation will encourage self-esteem, pride, Native Americans have, and continue and self-awareness in Native Americans of couraging all Americans to observe Na- all ages; to be, noteworthy and tireless commu- tive American Heritage Day through (8) designation of the Friday following nity activists, fair and impartial appropriate programs, ceremonies, and Thanksgiving of each year as Native Amer- judges, and deft politicians. activities. ican Heritage Day will underscore the gov- With this resolution, we honor the I have been working diligently to- ernment-to-government relationship be- contributions and cultural heritage of wards an official day of recognizing for tween the United States and Native Amer- Native Americans. Native Americans since my time in the ican governments; Mr. Speaker, I want to take this time California legislature. (9) designation of Native American Herit- to congratulate and thank our col- age Day will encourage public elementary In the 110th Congress, H.J. Res. 62 and secondary schools in the United States league, Mr. BACA of California, for his was passed in both the House and the to enhance understanding of Native Ameri- hard work to bring this bill to the Senate and was signed by President cans by providing curricula and classroom floor. Were it not for him, the con- George Bush. This bill encouraged all instruction focusing on the achievements tinuing legacy of Native Americans Americans to recognize the Friday and contributions of Native Americans to would go unrecognized for its great after Thanksgiving in 2008 as Native the Nation; and achievements. Mr. BACA’s dedication to American Heritage Day. This law was (10) the Friday immediately succeeding all Native Americans is most admi- the first time in 25 years that Native Thanksgiving Day of each year would be an rable. Americans were honored on such a na- appropriate day to designate as Native I urge all of my colleagues to support American Heritage Day. tional level. the passage of House Joint Resolution Due to House rules that restrict com- SEC. 3. HONORING NATIVE AMERICAN HERITAGE IN THE UNITED STATES. 40. memorative legislation, we are not Congress encourages the people of the I reserve the balance of my time. able to have legislation on an annual United States, as well as Federal, State, and Mr. LAMBORN. Mr. Speaker, I yield basis recognizing the Native American local governments, and interested groups myself such time as I may consume. holiday and I hope one day we will be and organizations to honor Native Ameri- We have no objection to the joint res- able to do that. This legislation needed cans, with activities relating to— olution, and in fact, we wholeheartedly to be reintroduced to ensure that this (1) appropriate programs, ceremonies, and support passage of this measure. This day of recognition continues in 2009. activities to observe Native American Herit- measure encourages all people in the So in this Congress, under a new ad- age Day; United States to recognize the legacy, (2) the historical status of Native Amer- ministration, I introduced H.J. Res. 40, ican tribal governments as well as the as well as the future, of Native Ameri- the Native American Heritage Day Act present day status of Native Americans; cans as an intrinsic part of our Na- of 2009. The act encourages all Ameri- (3) the cultures, traditions, and languages tion’s culture and history. cans, the Congress, and President of Native Americans; and Indian Country has produced such a Barack Obama to recognize the impor- (4) the rich Native American cultural leg- treasury of wisdom and talent that it tant contributions of the Native Amer- acy that all Americans enjoy today. is difficult to know how to begin to de- ican community. The SPEAKER pro tempore. Pursu- scribe it all. From the Indian people I will work with Senator DANIEL ant to the rule, the gentlewoman from who encountered the Pilgrims, to those INOUYE and his colleagues to pass this the Virgin Islands (Mrs. CHRISTENSEN) who helped Lewis and Clark, from the resolution in the Senate and send this and the gentleman from Colorado (Mr. courageous souls who fought in the once again to the President for his sig- LAMBORN) each will control 20 minutes. Revolutionary War, to veterans of the nature. This recognition should not be The Chair recognizes the gentle- foreign wars, from Chief Joseph, to just for 1 year or one Congress, but it woman from the Virgin Islands. Maria Tallchief, to Jim Thorpe; Indian should be for every year.

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.007 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6027 I thank Senator INOUYE and the Na- ence of their language and their con- contributions to the many fields of agriculture, tional Indian Gaming Association for tributions to our society. medicine, music, language, and art. These their help in this Congress and for all Today—through Indian gaming—Na- First Americans who were here prior to the ar- of their efforts from the 110th Con- tive Americans build an important eco- rival of Europeans have been and always will gress. nomic engine that creates good-paying be an integral part of our U.S. history. This It is important that we recognize the jobs, that can’t be outsourced, in many resolution recognizes the contributions they contributions of Native Americans in of our communities. have made through politics, economics, and, all aspects of our society, including In my own area, the Inland Empire of importantly, enriching the cultural fabric of our government, language, and history. Na- Southern California, the Pechanga and country. tive Americans distinguished them- Sobaba Band of Luiseno Indians both Our Native American brothers and sisters selves throughout history as inventors, make it a point to give back to the have always volunteered to serve in the entrepreneurs, spiritual leaders, ath- community, along with the San Armed Forces since the time of the Revolu- letes, and scholars. People caring about Manuel Band of Mission Indians. My tionary War and they continue to serve with people. They have made significant good friend James Ramos and I served valor in our military today. We must also ac- contributions in the fields of agri- to make sure that the legislation knowledge the contributions and impact the culture, medicine, music, language, passed in the State of California. Native Americans had on the creation of the and art. These tribes contribute extensively fundamental principles that make our great We must not forget that Native to local charities and also have do- country. Either through inspiring the Founding Americans have fought with valor in nated funds to counties and local gov- Fathers of the separation of governmental every American war dating back to the ernments. The funds have been used to powers or providing for and the protection of Revolutionary War. In fact, Native purchase everything from police equip- freedom of speech, the Native American tribal Americans have the highest record of ment to books for the classroom. governments are instrumental in the creation service per capita when compared to It is important for all of us to see the of our United States Constitution. other ethnic groups. More than 44,000 significant contributions of the cul- This day, Native American Heritage Day, served with distinction between 1941 tures and traditions and that everyone will provide for the nationwide recognition of and 1945 in both European and Pacific is properly educated on the heritage all our Native Americans who are estimated to theaters of war. One Native American and achievements of Native Americans. number almost 2.5 million. It will help the hero many of us are familiar with is And I state: everybody is properly edu- American public celebrate and understand the Corporal Ira Hayes, the courageous sol- cated, without the stereotypes that culture and history of the many 562 federally dier immortalized forever when he have been in place. recognized tribes as well as the other hun- helped to raise the flag at Iwo Jima. That is why my bill encourages pub- dreds of tribes who have yet or are in the More than 40,000 Native Americans lic schools to place a greater emphasis process being recognized by the states and left their reservations to work in ord- on teaching Native American history the federal government. By way of programs, nance depots, factories, and other war and culture to our children. We must ceremonies, or activities to celebrate Native industries. They also invested more ensure that future generations under- American Heritage Day or the enhancement of than $50 million in war bonds, and con- stand the significant cultural legacy of classroom instruction, we will better appreciate tributed generously to the Red Cross Native Americans to this country—the and understand the richness of the Native and the Army and Navy Relief soci- true Americans, the true heroes, and Americans. the true citizens of this country. eties. In today’s world, our country is more diverse During the Vietnam War, over 42,000 For many of us, the Friday after Thanksgiving is known simply as a day than ever and it is important that we honor the Native Americans fought bravely, of Native Americans. It is imperative that we cel- these over 90 percent of them volun- of shopping or a day off work or off school. It’s a day to recognize what it ebrate and recognize the rich cultural legacy teers. Native American contributions of our first brothers and sisters. in United States military combat con- means in recognizing those who have For these reasons, I strongly urge my fellow tinued in the 1980s and 1990s as they contributed to our country. Let us colleagues to support this resolution honoring saw duty in Grenada, Panama, Soma- make this day a true reflection of the the First Americans. lia, and the Persian Gulf. significant contributions of all Native Last Congress, as chair of the Con- Americans. Mrs. KIRKPATRICK of Arizona. Mr. Speak- gressional Hispanic Caucus, I worked As we all know, nationwide recogni- er, I rise today to offer my support for H.J. with my colleagues to ensure the PBS tion of this contribution is long over- Res. 40, the Native American Heritage Day World War II documentary ‘‘The War’’ due. I urge my colleagues to support Act of 2009. Though I was unable to vote for included the sacrifices of both our Na- H.J. Resolution 40, and take a firm step this measure, I would like the record to reflect tive American and our Hispanic heroes. in honoring Native Americans. I thank that I wholeheartedly support the establish- But there are many other Native both of my colleagues for supporting ment of a Native American Heritage Day American contributions away from the this legislation. whereby all Americans can pause to remem- battlefield that also deserve to be rec- Mr. LAMBORN. I want to commend ber the numerous contributions Native Ameri- ognized. Our history, our culture, our Representative BACA for his work on cans have made to our country. traditions, and what we give to our so- this issue and for his eloquent remarks. Their commitment to family, to community ciety and each of our communities is At this point I will reaffirm that we and our country is noteworthy and substantial. part of an integral educational process support this measure wholeheartedly. They have played important roles in our soci- that we should do. Mr. FALEOMAVAEGA. Mr. Speaker, I rise ety as artists, teachers, leaders, statesmen today in strong support of House Joint Resolu- and stateswomen, soldiers and public serv- b 1500 tion 40, which honors the achievements and ants. As Native American communities across In an area near and dear to my contributions of Native Americans to the Arizona and the country seek to empower and heart—athletes—Native Americans United States, and for other purposes. improve their community through self-govern- have produced one of the greatest foot- I want to commend the sponsor of this reso- ance and strengthen the bond of the govern- ball players ever—Jim Thorpe. And lution, my good friend from California, Mr. JOE ment-to-government relationship between the their native languages are cultural BACA, for introducing such an important piece United States and Native American govern- treasures that were often used to keep of legislation designating a day to honor and ments, we should welcome the opportunity to the United States safe from attack—as celebrate the rich traditions and cultures of our reflect on their past and continued contribu- was the case with the Navajo Code Native American heritage. I also want to thank tions to the United States’ society and culture. Talkers of World War II, who fought for and recognize my fellow colleagues and sup- It is an honor to have 11 tribal communities freedom and democracy. porters of this joint resolution. in the First Congressional District of Arizona. Last Congress—again, in my role as Today, this legislation honors the distinct My commitment to serving their communities the chair of CHS—I fought with my and notable contributions the Native Ameri- and improving their lives by working together colleagues to beat back harmful cans have made to the United States and the is a natural extension of my earliest memories English-only amendments that would rest of the world. They have achieved signifi- living and growing up on White Mountain have threatened the continued exist- cant accomplishments and have made many Apache tribal lands.

VerDate Nov 24 2008 01:48 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K02JN7.028 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6028 CONGRESSIONAL RECORD — HOUSE June 2, 2009 Establishing Native American Heritage Day making it the largest protected areas in the Mr. Speaker, we support House Reso- is an important step to help celebrate and pre- Eastern United States; lution 421, and urge its adoption by the serve the cultures of Native America, and I Whereas the park provides sanctuary for House today. the most diverse flora and fauna of any na- congratulate Rep. BACA and this House for I reserve the balance of my time. tional park in the temperate United States, Mr. LAMBORN. I rise in support of their support and recognition of Native Amer- and preserves an unparalleled collection of ica. historic structures as a ‘‘time capsule’’ of House Resolution 421 and yield myself Mr. LAMBORN. I yield back the bal- Appalachian culture during the 19th and such time as I may consume. ance of my time. early 20th centuries; This resolution celebrates one of the Mrs. CHRISTENSEN. I, too, want to Whereas, on September 2, 1940, President most popular national parks in our thank and commend Congressman Franklin D. Roosevelt dedicated Great country. It is a beautiful part of the BACA for this resolution. I yield back Smoky Mountains National Park; country that I have had the privilege of the balance of my time. Whereas the Great Smoky Mountains Na- visiting on several occasions. tional Park has been America’s most popular I congratulate Congressman ROE for The SPEAKER pro tempore. The national park since it opened, and now at- question is on the motion offered by tracts 9,000,000 to 10,000,000 visitors each bringing this resolution to the House the gentlewoman from the Virgin Is- year, making it the most visited of the 58 na- so that we may recognize the 75th an- lands (Mrs. CHRISTENSEN) that the tional parks; and niversary of the establishment of the House suspend the rules and pass the Whereas park visitors contribute over Great Smoky Mountains National joint resolution, H.J. Res. 40, as $700,000,000 each year resulting in over 14,000 Park. I urge my colleagues to support amended. jobs within the States and the surrounding this resolution. The question was taken. local economies: Now, therefore, be it At this time I would yield such time Resolved, That the House of Representa- as he may consume to the distin- The SPEAKER pro tempore. In the tives— opinion of the Chair, two-thirds being (1) commends the citizens of east Ten- guished gentleman from Tennessee in the affirmative, the ayes have it. nessee and western North Carolina for their (Mr. DUNCAN), whose congressional dis- Mrs. CHRISTENSEN. Mr. Speaker, vision and sacrifice; trict includes about half of the Ten- on that I demand the yeas and nays. (2) commends the Great Smoky Mountains nessee portion of the Great Smoky The yeas and nays were ordered. National Park and the National Park Serv- Mountains National Park. The SPEAKER pro tempore. Pursu- ice for 75 years of successful management Mr. DUNCAN. I thank the gentleman and preservation of the park land; from Colorado for yielding me this ant to clause 8 of rule XX and the (3) congratulates the Great Smoky Moun- Chair’s prior announcement, further time. I rise in support of this resolu- tains National Park on its 75th anniversary; tion to recognize the 75th anniversary proceedings on this motion will be and postponed. (4) directs the Clerk of the House of Rep- of the Great Smoky Mountains Na- tional Park, a resolution that was in- f resentatives to transmit a copy of this resolution to the Great Smoky Mountains Na- troduced by my good friend and neigh- RECOGNIZING 75TH ANNIVERSARY tional Park Headquarters located at 107 Park bor from the First Congressional Dis- OF GREAT SMOKY MOUNTAINS Headquarters Road, Gatlinburg, TN 37738, for trict of Tennessee, Dr. ROE. NATIONAL PARK appropriate display. I represent about half of the Ten- Mrs. CHRISTENSEN. Mr. Speaker, I The SPEAKER pro tempore. Pursu- nessee part of the Great Smoky Moun- move to suspend the rules and agree to ant to the rule, the gentlewoman from tains National Park and Dr. ROE rep- the resolution (H. Res. 421) recognizing the Virgin Islands (Mrs. CHRISTENSEN) resents the other half of the Tennessee and commending the Great Smoky and the gentleman from Colorado (Mr. portion, which is, of course, the bigger Mountains National Park on its 75th LAMBORN) each will control 20 minutes. portion of the national park. year anniversary. The Chair recognizes the gentle- The Great Smoky Mountains Na- The Clerk read the title of the resolu- woman from the Virgin Islands. tional Park is one of the things of tion. GENERAL LEAVE which those of us from east Tennessee The text of the resolution is as fol- Mrs. CHRISTENSEN. I ask unani- are most proud. It has often been said lows: mous consent that all Members may that our national parks are our Na- tion’s crown jewels. If that is true, H. RES. 421 have 5 legislative days to revise and extend their remarks and include extra- then the Great Smoky Mountains Na- Whereas groups of local citizens and offi- tional Park must certainly be one of cials in western North Carolina and east neous material on the resolution under Tennessee in the 1920s displayed enormous consideration. the largest jewels in that crown. foresight in recognizing the potential bene- The SPEAKER pro tempore. Is there The Great Smoky Mountains Na- fits of a national park in the southern Appa- objection to the request of the gentle- tional Park is, by far, our most visited lachians; woman from the Virgin Islands? national park, with over 9 million visi- Whereas the boundaries and location of There was no objection. tors each year—approximately three said park were selected from among the fin- Mrs. CHRISTENSEN. Mr. Speaker, times the number of visitors that go to est examples of the most scenic and intact The Great Smoky Mountains National our second and third largest national mountain forests in the Southeast; Park was created by Congress on June parks. Whereas its creation was the product of The Great Smoky Mountains Na- over two decades of determined effort by 15, 1934. The park now encompasses leaders of communities across western North more than 520,000 acres of land in Ten- tional Park, with only 520,000 acres, Carolina and east Tennessee; nessee and North Carolina, making it seems huge to anyone who comes Whereas the State Assemblies and the Gov- the largest protected area in the east- there. Of course, it is very small in ernors of those two States exercised great vi- ern United States. It is also our Na- comparison. We talk often here about sion in appropriating funding, along with the tion’s most visited national park. the Arctic National Wildlife Refuge, Laura Spellman Rockefeller Memorial Fund This great park is world-renowned which is 19.8 million acres, which is 36 for the purchase of the over 400,000 acres of for the diversity of its plant and ani- or 37 times the size of the Great Smok- private lands which had been accumulated; ies, but it certainly is one of the most Whereas the citizens of surrounding com- mal life, the beauty of its ancient munities generously contributed to that land mountains, and the quality of its rem- beautiful areas of this country. And acquisition funding to bring the park into nants of Southern Appalachian moun- more than 50 percent of the Nation’s being; tain culture. population lies within a day’s drive of Whereas over 1,100 families and other prop- House Resolution 421, introduced by the park. erty owners were called upon to sacrifice the gentleman from Tennessee, Rep- Within the park you can find more their farms and homes for the benefit and en- resentative DAVID ROE, would express than 1,500 species of plants, over 200 joyment of future generations; the commendation of the House of Rep- species of birds, 66 species of mammals, Whereas Great Smoky Mountains National resentatives to Great Smoky Moun- 50 species of fish, and so on. You will Park was created by Congress on June 15, 1934; tains National Park and the National also find plenty of recreation opportu- Whereas Great Smoky Mountains National Park Service for 75 years of successful nities in the park, including 800 miles Park covers approximately 521,621 acres of management and preservation of the of hiking and horse trails, and some of land, in both Tennessee and North Carolina park land. the most beautiful valleys and high

VerDate Nov 24 2008 01:48 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.023 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6029 peaks anyone has ever seen, such as tiful national park, and the fact that which the Secretary makes grants to local Cades Cove and Mount LeConte. it’s the most visited national park in educational agencies, to be used by the local Although any time is a great time to the entire park system attests to its educational agencies for one or both of the visit the park, the views are truly spec- popularity and its beauty. following: (1) To purchase automated external tacular in the spring, with the bloom- I would urge all of my colleagues to defibrillators for use in elementary and sec- ing of the dogwoods and redbud trees support this resolution. ondary schools served by the local edu- and in the fall when the leaves begin Mr. ROE of Tennessee. Mr. Speaker, I urge cational agency. turning various shades of red and or- support for H. Res. 421 and congratulate the (2) To provide training to enable elemen- ange and yellow. Great Smoky Mountains National Park on tary and secondary schools served by the My hometown of Knoxville is consid- turning 75. What an amazing success story! local educational agency to meet the re- ered by many to be the gateway to the This Park—the most visited in the United quirements of subsection (d)(1), but only if automated external defibrillators are al- Smokies, and residents of Knoxville States—serves as a source of pride for resi- played a very important role in estab- ready in use at such schools or are acquired dents of our entire region and we celebrate through this program. lishing the park. the vision of our ancestors who had the fore- (b) ELIGIBILITY.— The original idea for a Smokies Na- sight to preserve this amazing area for all fu- (1) LOCAL EDUCATIONAL AGENCIES.—To be tional Park came from a wealthy and ture generations to enjoy. As an avid out- eligible to receive a grant under this section, influential Knoxville family, Mr. and doorsman myself, I am particularly grateful for a local educational agency shall submit an Mrs. William P. Davis, who came back this natural wonder. application to the Secretary at such time, in from a visit to the national parks out Two weeks from yesterday, the Park will of- such form, and containing such information West in the early 1920s with a simple ficially turn 75 with activities planned all sum- as the Secretary may require. (2) ELEMENTARY AND SECONDARY SCHOOLS.— question: Why can’t we have a national mer to commemorate this accomplishment. I park in the Smokies? To be eligible to receive an automated exter- hope all Americans will join in the celebration nal defibrillator through a grant under this Very quickly, other influential citi- and come visit what is truly one of our nation’s section, a school may be any public or pri- zens of Knoxville such as politicians, finest examples of scenic beauty. vate school served by the local educational businessmen, naturalists, and others I also want to congratulate the National Park agency, except that an Internet- or com- joined in this movement. Eventually, Service for its diligent management of the puter-based community school is not eligi- the legislatures in Tennessee and Park. Without its leadership, the Great Smoky ble. North Carolina realized that this was a Mountains National Park would not be what it (c) MATCHING FUNDS REQUIRED.— worthy project. Both legislatures ap- (1) IN GENERAL.—To be eligible to receive a is today. grant under this section, the local edu- propriated $2 million in 1927. I hope all members of Congress will join me Although this was a large amount of cational agency must provide matching in supporting H. Res. 421. funds from non-Federal sources equal to not money, it was not enough. Colonel Mr. LAMBORN. I yield back the bal- less than 25 percent of the amount of the David C. Chapman of Knoxville joined ance of my time. grant. forces with National Park Service Di- Mrs. CHRISTENSEN. Mr. Speaker, I (2) WAIVER.—The Secretary shall waive the rector Arno Cammerer and began seek- yield back the balance of my time. requirement of paragraph (1) for a local edu- ing additional sources of funding. Ulti- The SPEAKER pro tempore. The cational agency if the number of children mately, they convinced John D. Rocke- question is on the motion offered by counted under section 1124(c)(1)(A) of the El- ementary and Secondary Education Act of feller, Jr., to contribute to the cause. the gentlewoman from the Virgin Is- The Rockefeller family was well 1965 (20 U.S.C. 6333(c)(1)(A)) is 20 percent or lands (Mrs. CHRISTENSEN) that the more of the total number of children aged 5 known for their philanthropy, espe- House suspend the rules and agree to to 17, inclusive, served by the local edu- cially in regards to the National Parks. the resolution, H. Res. 421. cational agency. They made a gift of $5 million to the The question was taken. (d) TRAINING AND COORDINATION RE- effort, but only on the stipulation that The SPEAKER pro tempore. In the QUIRED.—A local educational agency that re- the funds would be matched. To get the opinion of the Chair, two-thirds being ceives a grant under this section shall dem- full $5 million, the States and Park in the affirmative, the ayes have it. onstrate that, for each elementary and sec- Service would have to come up with $5 ondary school at which the automated exter- Mrs. CHRISTENSEN. Mr. Speaker, nal defibrillators are to be used— million on their own. on that I demand the yeas and nays. Once the funding commitments were (1) there are at least 5 individuals at the The yeas and nays were ordered. school who— in place by 1929, it took several more The SPEAKER pro tempore. Pursu- (A) are employees or volunteers at the years to acquire the land and develop ant to clause 8 of rule XX and the school; the facilities. While this land has be- Chair’s prior announcement, further (B) are at least 18 years of age; and come almost priceless today, I don’t proceedings on this motion will be (C) have successfully completed training, think enough credit or recognition has postponed. with the expectation that the certification been given to those families and people shall be maintained, in the use of automated from whom land was taken to create f external defibrillators and in this park. cardiopulmonary resuscitation, conducted by JOSH MILLER HELPING EVERYONE the American Heart Association, the Amer- During the Great Depression, the Ci- ACCESS RESPONSIVE TREAT- ican Red Cross, the National Safety Council, vilian Conservation Corps, the Works MENT IN SCHOOLS ACT OF 2009 or another nationally recognized organiza- Progress Administration, and other Mr. TONKO. Mr. Speaker, I move to tion offering training programs of similar Federal organizations made trails, fire caliber; suspend the rules and pass the bill watchtowers, and other infrastructure (2) local paramedics and other emergency improvements to the park. The park (H.R. 1380) to establish a grant program services personnel are notified where on was officially opened in June of 1934. for automated external defibrillators school grounds the automated external That date is the date we are commemo- in elementary and secondary schools. defibrillators are to be located; and The Clerk read the title of the bill. (3) the automated external defibrillator rating with this resolution. will be integrated into the school’s emer- I would like once again to thank and The text of the bill is as follows: H.R. 1380 gency response plan or procedures. congratulate Dr. ROE for his very (e) PRIORITY.—In making grants under this thoughtful resolution, and I urge all of Be it enacted by the Senate and House of Rep- section, the Secretary shall give priority to my colleagues to support this resolu- resentatives of the United States of America in schools— tion celebrating and recognizing the Congress assembled, (1) that do not already have an automated 75th anniversary of the Great Smoky SECTION 1. SHORT TITLE. external defibrillator on school grounds; Mountains National Park. This Act may be cited as the ‘‘Josh Miller (2) at which a significant number of stu- Mrs. CHRISTENSEN. I reserve the Helping Everyone Access Responsive Treat- dents, staff, and visitors are present on ment in Schools Act of 2009’’ or the ‘‘Josh balance of my time. school grounds during a typical day; Miller HEARTS Act’’. (3) with respect to which the average time Mr. LAMBORN. I think it’s evident SEC. 2. GRANT PROGRAM FOR AUTOMATED EX- required for emergency medical services (as from the remarks of Representative TERNAL DEFIBRILLATORS. defined in section 330J of the Public Health DUNCAN that he has a great love and (a) PROGRAM REQUIRED.—The Secretary of Service Act (42 U.S.C. 254c–15(f))) to reach appreciation and support for this beau- Education shall carry out a program under the school is greater than the average time

VerDate Nov 24 2008 02:00 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.032 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6030 CONGRESSIONAL RECORD — HOUSE June 2, 2009 for emergency medical services to reach school staff in AED and CPR practices, AED uses voice prompts, lights and other public facilities in the community; and coordinate with local paramedics, and text messages to tell the rescuer the (4) that have not received funds under the integrate AEDs into existing medical precise steps he or she needs to take to Rural Access to Emergency Devices Act (42 emergency response plans. These provi- operate the device. It is an extremely U.S.C. 254c note). (f) ESEA DEFINITIONS.—The terms used in sions will save the lives of students, of accurate and easy device to use. As this section shall have the meanings given to teachers, of parents, staff and commu- such, the device is widely credited for such terms in section 9101 of the Elementary nity members in our American schools. saving hundreds of lives each year. and Secondary Education Act of 1965 (20 On any given day as much as 20 percent This bill requires local education U.S.C. 7801). of the community’s population passes agencies that receive a grant under the (g) AUTHORIZATION OF APPROPRIATIONS.— through its schools, and it is our duty program to provide at least a 25 per- There are authorized to be appropriated to carry out this section such sums as may be to ensure that these are safe places for cent match from non-Federal sources. necessary for each of fiscal years 2010 our children to learn and for the com- It also ensures that local paramedics through 2015. munity members to interact. Since and other emergency services per- The SPEAKER pro tempore. Pursu- schools are natural meeting places for sonnel are notified regarding where the ant to the rule, the gentleman from the public, this bill can save the lives actual AED is located on the school New York (Mr. TONKO) and the gen- of countless children, teachers, parents grounds in case they ever have to re- tleman from Wisconsin (Mr. PETRI) and others. Similar legislation passed spond to a situation on the campus. each will control 20 minutes. the House last year; and some States, H.R. 1380 is an important piece of legis- The Chair recognizes the gentleman such as Ohio and New York, are taking lation that will help save lives all from New York. a leadership role in making an impor- across the country. I urge my col- GENERAL LEAVE tant difference. As a response to the leagues to support the bill. Mr. TONKO. Thank you, Mr. Speak- tragic death of 15-year-old Josh Miller, I have no requests for time, and I er. I request 5 legislative days during Ohio instituted a program to place yield back the balance of my time. which Members may revise and extend AEDs in schools. Since the inception of Mr. TONKO. Mr. Speaker, I am and insert extraneous material on H.R. the program in 2005, 13 lives have been pleased to recognize the gentlewoman 1380 into the RECORD. saved by defibrillators. Similarly, the from Ohio (Ms. SUTTON) whose thought- The SPEAKER pro tempore. Is there New York program, in honor of 14-year- ful resolution is before the House for as objection to the request of the gen- old Louis Acompora, has saved 38 lives much time as she may consume. tleman from New York? since 2002. Ms. SUTTON. I thank the gentleman There was no objection. I want to thank families like those of from New York for his great leadership Mr. TONKO. I yield myself, Mr. the Millers and the Acomporas whose on this issue and for all of the work Speaker, such time as I may consume. hard work has brought national atten- that he does in Education and Labor on Mr. Speaker, I rise today in strong tion to this important issue. They have many issues that are so important to support of H.R. 1380, the Josh Miller worked through their grief and, fueled the people of America. HEARTS Act. This is a bill that my by the tragic loss of a child, have toiled Mr. Speaker, I rise today as the colleague and friend from the neigh- tirelessly to keep other parents from proud sponsor of H.R. 1380, the Josh boring State of Ohio has introduced experiencing a similar loss. With pas- Miller Helping Everyone Access Re- that will save countless lives at a rel- sage of this bill, Congress has the op- sponsiveness Treatment in Schools atively low cost to taxpayers. portunity to join these families and Act, also known as the Josh Miller According to the American Heart As- prevent future tragedies. Encouraging HEARTS Act. Sudden cardiac arrest is sociation, more than 200,000 Americans results and the many lives saved al- the leading cause of death in the die of sudden cardiac arrest each year. ready demonstrates why we must pass United States and is the leading cause Even more disturbing is the fact that this legislation. By putting in place of death on school property and for stu- 50,000 of these deaths could have been preventative measures like those of- dent athletes. This bill establishes a prevented with the use of an auto- fered in this bill, we can save more grant program to help elementary and mated external defibrillator, or AED. secondary schools across the country AEDs are portable devices used to re- lives. Mr. Speaker, once again I express my purchase automated external start the heart after sudden cardiac ar- support for H.R. 1380, and I thank Rep- defibrillators, or AEDs. rest. Studies have shown that these de- resentative SUTTON for her dedication I introduced the Josh Miller vices, which are required in Federal to this cause. I urge my colleagues to HEARTS Act in memory of a young buildings and on airplanes, can be safe- pass this resolution sponsored by the man from my hometown of Barberton, ly used by anyone, including children. Member of our House, Representative Ohio. To know Josh Miller was to know Defibrillators talk the user through a kindhearted and generous young man the lifesaving process and do not de- SUTTON. I reserve the balance of my time. with limitless potential. Josh was a liver a shock unless the heartbeat ana- Mr. PETRI. Mr. Speaker, I yield my- Barberton High School sophomore with lyzed by the machine is in need of it. self such time as I may consume. a 4.0 grade point average, the son of Prompt response to a patient experi- I rise in support of H.R. 1380, the Josh proud parents Ken and Geri Miller. He encing cardiac arrest is imperative, Miller Helping Everyone Access Re- was a linebacker who dreamed of play- and waiting for EMS to arrive can be sponsiveness Treatment in Schools Act ing football for Ohio State someday. He indeed fatal. Utilizing CPR techniques of 2009, also referred to as the Josh Mil- was the kind of kid who could walk and administering an AED can more ler HEARTS Act. This legislation into a room and light it up. But one than double the victim’s chances of would authorize the United States Sec- day, without warning, his dreams were surviving. A defibrillator shock is the retary of Education to make grants to cut short. Josh never showed any signs most effective treatment for sudden public and private elementary and sec- of heart trouble; but while playing cardiac arrest, and heart experts at football for his school in 2000, he col- Johns Hopkins University believe over ondary schools to purchase automated 500 lives can be saved annually with external defibrillators, also known as lapsed after leaving the field. And by the widespread placement of AEDs. AEDs, for school grounds and to train the time his heart was shocked with an The legislation put forward today employees and volunteers on how to automated external defibrillator, it will go a long way towards saving lives use these devices which have saved was too late to save him. Josh suffered in our Nation’s schools. This bill estab- thousands of lives all over the United a sudden cardiac arrest which, accord- lishes a grant program to place life- States. ing to the American Heart Association, saving defibrillators in every elemen- An AED is a portable, computerized claims the lives of nearly 300,000 Amer- tary and secondary school that chooses medical device that can check a per- icans every year. Josh’s death was dev- to participate in the program. son’s heart rhythm to determine astating not only to his family but to whether he or she is in cardiac arrest. our entire community. b 1515 It can recognize a rhythm that requires Like Josh, the vast majority of these Additionally, the law would require an electronic shock and can advise a individuals who suffer sudden cardiac recipients of these grants to train rescuer when a shock is needed. The arrest do not display any prior signs of

VerDate Nov 24 2008 02:00 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.016 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6031 heart trouble. Yet there is an easy-to- to thank the Miller family and the our great country. It’s a natural fit be- use, relatively inexpensive piece of Acompora family and others who have cause of the clustering that takes place medical equipment that more than turned their personal tragedies into a each and every school day where the doubles the odds of survival for some- lifesaving mission. need may arise. Obviously a preventa- one experiencing a sudden cardiac ar- Mr. TONKO. Mr. Speaker, I am tive sort of plan like this will help with rest. An AED is the single most effec- pleased to recognize the gentleman saving lives and certainly will honor tive treatment for starting the heart from Kentucky (Mr. YARMUTH) for 3 the memory of Josh Miller and Louis after a sudden cardiac arrest; and be- minutes. Acompora in that hopefully they will cause the chances of survival decrease Mr. YARMUTH. I thank the gen- not have died in vain, that a measure by up to 10 percent for every minute tleman for yielding. like this can bring us to a sound bit of that passes, every second is critical. Mr. Speaker, I rise today in strong policy. In March, I reintroduced the Josh support of the Josh Miller HEARTS For all those reasons, I would strong- Miller HEARTS Act to increase the Act so that we may take another step ly urge our House to support H.R. 1380 availability of AEDs in our commu- to ensure that all the resources nec- and commend Representative SUTTON nities. Because schools are central essary to keep our children safe in for her outstanding leadership on this gathering places in our communities, their schools are readily available. issue. placing AEDs in our schools will save More than 200,000 Americans die of Mr. Speaker, I yield back the balance the lives of students enrolled there; but sudden cardiac arrest each year. Of of my time. they will also be available for teachers these, more than 50,000 lives could be The SPEAKER pro tempore. The and staff, parents and volunteers, and saved if automated external question is on the motion offered by the many other members of the com- defibrillators were easily accessible. the gentleman from New York (Mr. munity who pass through their halls The AED is a portable device that can TONKO) that the House suspend the every single day. restart the heart after cardiac arrest, rules and pass the bill, H.R. 1380. This legislation is modeled on a simi- and can be safely used by anyone, in- The question was taken; and (two- lar program for the State of Ohio. Dr. cluding children, as the device actually thirds being in the affirmative) the Terry Gordon, a cardiologist at Akron talks users through the lifesaving proc- rules were suspended and the bill was General Medical Center, has dedicated ess and automatically analyzes wheth- passed. his life to this lifesaving mission. His er a potentially lifesaving shock is A motion to reconsider was laid on tireless efforts in Ohio led to the adop- needed. Making defibrillators available the table. tion of a statewide initiative to put an in our schools will save lives, and the f AED into every school in our State. I Josh Miller HEARTS Act will go a long hope that we in Congress can build on way toward increasing the availability CONGRATULATING UNIVERSITY OF Dr. Gordon’s good work and carry out of these emergency lifesaving devices. TENNESSEE WOMEN’S BASKET- this program at the national level. As we recognize National CPR and BALL TEAM This bill is endorsed by the American AED Awareness Week, this legislation Mr. TONKO. Mr. Speaker, I move to Red Cross, the American Heart Asso- is particularly timely. The bill will re- suspend the rules and agree to the reso- ciation, the Heart Rhythm Society, the quire recipients of these grants to train lution (H. Res. 196) congratulating the Sudden Cardiac Arrest Association, the school staff in AED and CPR practices, University of Tennessee women’s bas- International Association of Fire- coordinate with local paramedics and ketball team (the ‘‘Lady Vols″) and fighters, the American College of Car- integrate AEDs into existing medical Head Coach Pat Summitt on her diology, the National Education Asso- emergency response plans. These provi- 1,000th victory. ciation, the Parent Heart Watch, the sions will save the lives of students, The Clerk read the title of the resolu- American Federation of Teachers and teachers, parents, staff and community tion. the National Safety Council. I want to members in U.S. schools. The text of the resolution is as fol- thank these organizations for their As we have heard, the act bears the lows: support on this issue, and I look for- name of Josh Miller, 15-year-old from H. RES. 196 ward to working with them to continue Barberton, Ohio. I had the privilege of to raise awareness on AEDs. meeting with Josh’s family, and I was Whereas, on February 5, 2009, Head Coach Losing a young life like Josh’s can so taken with how they have used his Pat Summitt recorded her 1,000th win with a victory over Georgia 73–43; bring a sense of helplessness. In just loss to mount a national effort to pre- Whereas Coach Summitt has a lifetime the last year in the short time from vent additional losses like their tragic record of 1,000–188 in her more than 35 years August 2008 to December 2008, 63 chil- one. Last fall in my district, a young of coaching, all with the Lady Vols; dren lost their lives to sudden cardiac football player also died on a practice Whereas Coach Summitt’s first win as arrest. But today we have an oppor- field. I don’t know that the existence of Coach of the Lady Vols was on January 10, tunity to act. This bill passed the an AED might have saved his life, but 1975, against Middle Tennessee State 69–32; House in the last Congress, but it did I do know that we owe our young peo- Whereas, on March 22, 2005, Coach not emerge from the Senate. This time ple every possible resource, including Summitt passed Dean Smith for most NCAA collegiate basketball wins of all-time with a I am pleased to report that Ohio Sen- AEDs, to make sure that these trage- 75–54 victory over Purdue on March 22, 2005; ator GEORGE VOINOVICH will be leading dies do not recur. Whereas Coach Summitt and the Lady the charge in the Senate and that Ohio I want to congratulate Congress- Vols own a 404–62 all-time record verses 12 Senator SHERROD BROWN will be work- woman SUTTON for her leadership in teams from the Southeastern Conference ing alongside him to make sure that it this effort. She has been tireless and (SEC); gets done. passionate about making sure that our Whereas Coach Summitt and the Lady It is appropriate that this bill comes kids are protected. I also want to Vols have won 27 SEC titles; to the floor this week. This week is Na- thank Dr. Terry Gordon who is now Whereas Coach Summitt has never had a tional CPR and AED Awareness Week, losing season; Congresswoman SUTTON’s constituent Whereas Coach Summitt and the Lady and this week serves to raise awareness but is a long-time friend and a native Vols have had 32 consecutive seasons with at of the importance of CPR training and of Louisville, Kentucky. He has also least 20 wins; AED accessibility. In fact, the Amer- been tireless and passionate in this ef- Whereas Coach Summitt and the Lady ican Heart Association has embarked fort. Vols teams have gone undefeated in SEC on a campaign to train 1 million people With that, I urge my colleagues to play 8 times; in CPR and the use of AEDs this week. support the Josh Miller HEARTS Act Whereas since Tennessee began contesting I urge my colleagues to join me in sup- and take one more step forward to pro- games with SEC opponents, the Lady Vols porting this effort to bring AEDs into have produced a 168–12 record in home tecting our young Americans. games; every single school across this country. Mr. TONKO. Mr. Speaker, to the Whereas Coach Summitt has been named I thank the gentleman from across the point of H.R. 1380, we have heard of the SEC Coach of the Year 7 times; aisle for his support of this measure. wisdom of making available Whereas Coach Summitt has been named AEDs in schools will save lives. I want defibrillators throughout the schools of NCAA Coach of the Year 7 times;

VerDate Nov 24 2008 02:00 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.038 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6032 CONGRESSIONAL RECORD — HOUSE June 2, 2009 Whereas Coach Summitt and the Lady Vols have won eight NCAA titles, as Coach Summitt also coached the Vols have an NCAA Tournament Best record well as 27 Southeastern Conference U.S.A. women’s basketball team to the (men or women) of 104–19, including 18 NCAA tournament and regular season cham- Olympic Gold Medal in the 1984 Olym- Tournament number 1 seeds; pionships. Tennessee has made an un- pics in Los Angeles. She is the author Whereas Coach Summitt and the Lady Vols have won 8 NCAA Championships; precedented 27 consecutive appearances of two books, ‘‘Reach for the Summitt’’ Whereas Coach Summitt is recognized as a in the NCAA Sweet 16 and produced 12 and ‘‘Raise the Roof.’’ They are both leader and role model for her work not only Olympians, 19 Kodak All-Americans very inspiring books. on the basketball court but also for her work named to 33 teams, and 71 All-SEC per- In 1999, Coach Summitt was inducted off the court; and formers. Her 1,000–188 lifetime record into the Women’s Basketball Hall of Whereas Coach Pat Summitt’s Lady Vols leaves basketball fans in complete awe. Fame, and in 2000 she was inducted continue their remarkable 100 percent grad- She has collected more wins than any into the Basketball Hall of Fame in uation rate, with every student athlete who other NCAA collegiate basketball pro- Springfield, Massachusetts, becoming has completed her eligibility at the Univer- sity of Tennessee either graduating or work- gram, men’s or women’s. only the fourth women’s basketball ing toward all of the requirements for grad- Coach Summitt garnered a multitude coach to receive that distinction. Also uation: Now, therefore, be it of awards. The NCAA recognized her in 2000, she was named the Naismith Resolved, That the House of Representa- great success by awarding Summitt Coach of the Century. tives— with seven Southeastern Coach of the On February 2, 2007, Wheaties un- (1) congratulates the University of Ten- Year awards and seven NCAA Coach of veiled a Breakfast of Champions box in nessee women’s basketball team and Head the Year awards. Coach Summitt and her honor, making her the first wom- Coach Pat Summitt on her 1,000th victory; the Lady Volunteers have left a legacy en’s basketball coach to be honored on (2) recognizes the significant achieve- such a box. Coach Summitt has two ments of the players, coaches, students, of greatness that will certainly place alumni, and support staff whose dedication them in the Basketball Hall of Fame. streets named in her honor: Pat Head and hard work have contributed greatly to Along with her success on the court, Summitt Street on the University of the success of the Lady Vols program and Summitt’s student athletes have had Tennessee-Knoxville campus, and Pat Coach Summitt; and tremendous productivity in the class- Head Summitt Avenue on the Univer- (3) respectfully requests the Clerk of the room. Coach Summitt has a 100 percent sity of Tennessee-Martin campus. House of Representatives to transmit copies graduation rate for all Lady Vols who Coach Summitt also has a remark- of this resolution to the following for appro- have completed their eligibility at able 100 percent graduation rate, as the priate display— Tennessee. She still considers the aca- gentleman from New York mentioned, (A) Dr. John D. Petersen, President of the University of Tennessee; demic success of her athletes as one of with every student athlete who has (B) Dr. Loren Crabtree, Chancellor of the her greatest accomplishments. completed their eligibility at UT either University of Tennessee, Knoxville; While Coach Summitt and the Lady graduating or working toward all of (C) Joan Cronan, Women’s Athletics Di- Vols produced remarkable success, con- the requirements for graduation within rector; and gratulations also go to the assistant the NCAA-allotted time of 6 years. I (D) Pat Summitt, Women’s Basketball coaches, the fans, the alumni, and stu- don’t think there is any other coach, Head Coach. dents for their unyielding support and men or women’s coach, in this country The SPEAKER pro tempore. Pursu- contributions. that can say that. And I will tell you ant to the rule, the gentleman from Once again, I congratulate Coach that she also insists on her students New York (Mr. TONKO) and the gen- Summitt and the Lady Vols for their taking tough courses that lead to good tleman from Wisconsin (Mr. PETRI) unprecedented success. Mr. Speaker, I careers. And we often read in the Knox- each will control 20 minutes. want to thank Congressman DUNCAN ville newspapers about the great suc- The Chair recognizes the gentleman for bringing this resolution forward, cess of many of her graduates. from New York. and I urge my colleagues to support Pat Head Summitt is simply an out- GENERAL LEAVE this resolution. standing woman and an outstanding in- Mr. TONKO. Mr. Speaker, I request 5 I reserve the balance of my time. dividual in every way, both personally legislative days during which Members Mr. PETRI. Mr. Speaker, I yield such and professionally. And it is a great may revise and extend and insert ex- time as he may consume to the sponsor honor for me to stand here before you traneous material on H. Res. 196 into of the resolution, the gentleman from today to bring this resolution to the the RECORD. Tennessee, my colleague, Mr. DUNCAN. floor honoring Coach Pat Head The SPEAKER pro tempore. Is there Mr. DUNCAN. Mr. Speaker, I thank Summitt and the Lady Vols and con- objection to the request of the gen- the gentleman from Wisconsin for gratulating her on achieving that tre- tleman from New York? yielding me this time. It is a very spe- mendous, just almost unbelievable There was no objection. cial honor and privilege for me to rise mark of 1,000 victories. Mr. TONKO. I yield myself as much to urge support for a resolution hon- I urge all of my colleagues to support time as I may consume. oring a personal friend of mine, the the resolution. Mr. Speaker, I rise today to con- head women’s basketball coach at my Mr. PETRI. I have no further re- gratulate the University of Tennessee’s alma mater, the University of Ten- quests for time. I urge all of my col- women’s basketball team and Head nessee, and that is our great coach, Pat leagues to join me in supporting the Coach Pat Summitt on winning her Head Summitt. resolution of our colleague from Ten- 1,000th NCAA basketball game. The gentleman from New York has nessee honoring Head Coach Pat On February 5, 2009, basketball fans very succinctly outlined many of the Summitt on her exceeding 1,000 vic- witnessed Head Coach Pat Summitt accomplishments and honors that tories. lead her Lady Volunteers to her 1,000th Coach Summitt has received in her ca- I yield back the balance of my time. basketball victory. The University of reer, but I would like to reiterate some Mr. TONKO. Mr. Speaker, it is most Tennessee easily defeated the Univer- of these things. It is really a phe- obvious that Coach Summitt and the sity of Georgia 73–43. This 30-point vic- nomenal record that she has. Lady Vols have set basketball history tory over Georgia not only reflects the Coach Summitt has coached for more with more than five times the number Lady Vols’ dominance but this victory than 35 years, all with the Lady Vols. of wins in relation to the number of reflects another milestone in the great Her overall record is 1,005 wins and 192 losses. And while they have excelled on Coach Summitt’s illustrious career. losses for a winning percentage of bet- the basketball court, it is important to Pat Summitt started coaching at the ter than 84 percent. Coach Summitt note that they have also excelled in the age of 22 and recorded her first win for and the Lady Vols have won 27 South- classroom. And so for those records, the Lady Vols on January 10, 1975. eastern Conference titles. Coach both athletically and academically, Summitt and the Lady Vols have won and for the great career to date of b 1530 eight NCAA championships. She has Coach Summitt, we acknowledge that From the moment she started coach- been named the NCAA Coach of the this is a very worthy resolution and ing, she excelled in every facet of the Year seven times and SEC Coach of the that H. Res. 196 should be supported in game. During her tenure, the Lady Year seven times. the House, Mr. Speaker.

VerDate Nov 24 2008 02:00 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.020 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6033 Mr. TANNER. Mr. Speaker, I rise today to lution (H. Res. 232) recognizing and may revise and extend and insert ex- join our colleagues in honoring a very gifted commending the Toys for Tots Lit- traneous material on H. Res. 232 into leader and my friend, University of Tennessee eracy Program for its contributions in the RECORD. Lady Vol Head Coach Pat Summitt. Earlier raising awareness of illiteracy, pro- The SPEAKER pro tempore. Is there this year, Coach Summitt marked her 1000th moting children’s literacy, and fighting objection to the request of the gen- victory, the first coach in women’s or men’s poverty through the support of lit- tleman from New York? college basketball to reach that hallmark. eracy. There was no objection. I have had the pleasure of getting to know The Clerk read the title of the resolu- Mr. TONKO. I yield myself as much Coach Summitt over the years, and my chief tion. time as I may consume, Mr. Speaker. of staff, Vickie Walling, is a long-time friend of The text of the resolution is as fol- Mr. Speaker, I rise today in support Pat’s, from their days together at the Univer- lows: of H. Res. 232, a resolution to recognize and commend the Toys for Tots Lit- sity of Tennessee-Martin, which I now have H. RES. 232 the honor of representing in this chamber. eracy Program for its contributions in Whereas, for more than 60 years, Toys for raising awareness of illiteracy, pro- Summitt became the winningest coach in col- Tots has been bringing smiles to the faces of lege basketball in 2005, passing Dean Smith’s less fortunate children through the gift of a moting children’s literacy, and fighting 879 career wins. You can imagine our Ten- new toy; poverty through the support of lit- nessee pride when, on February 5 of this Whereas, after supporting Toys for Tots eracy. year, the Lady Vols helped Pat achieve an- since 2005 and raising $1.3 million to help For more than 60 years, Toys for Tots other hallmark: winning her 1000th game as brighten the lives of thousands of children has been bringing smiles to the faces of head coach. nationwide, The UPS Store and Mail Boxes less fortunate children through the gift During Pat’s time at UT, the Lady Vols have Etc. network launched the Toys for Tots Lit- of a new toy. After supporting Toys for won eight NCAA titles, as well as 27 South- eracy Program in March 2008 to expand upon Tots since 2005 and raising some $1.3 eastern Conference tournament and regular their existing partnership as an example of million to help brighten the lives of what small businesses can do to help their season championships and 28 consecutive community; thousands of children nationwide, the appearances in the NCAA tournament. Ten- Whereas the mission of the Toys for Tots UPS Store and Mail Boxes Etc. net- nessee has produced 12 Olympians, 19 Literacy Program is to offer the Nation’s work launched the Toys for Tots Lit- Kodak All-Americans and 71 All-SEC per- most economically disadvantaged children eracy Program in March 2008 to expand formers. the ability to compete academically and to upon its existing partnership and to As an alumnus of the University of Ten- succeed in life by providing them direct ac- serve as an example of what small busi- nessee and of the UT basketball program, I cess to resources that enhance their ability nesses can do to help their community. understand the importance of the Lady Vols to to read and to communicate effectively; The Toys for Tots Literacy Program the university and to our state. The talented Whereas this initiative maintains the Toys stands by its mission of offering the women led by Coach Summitt not only dem- for Tots mission of delivering hope while ex- Nation’s most economically disadvan- tending its reach and impact in a meaningful onstrate great athletic ability but also underway by providing less fortunate children taged children the ability to compete stand the importance of academic accomplish- with tools that can help them break the academically and to succeed in life by ment; under Pat’s leadership, the Lady Vols cycle of poverty; providing them direct access to re- have a 100 percent graduation rate for those Whereas, in 2007, the National Center for sources that enhance their ability to who have completed their eligibility at Ten- Educational Statistics released its annual read and to communicate effectively. nessee. Reading Report, which asserts that 33 per- By providing less fortunate children Pat’s continued dedication to the academic, cent of all fourth graders in the United with tools that will help them break athletic and personal growth of her players is States still cannot read at even the basic the cycle of poverty, Toys for Tots a trademark of her coaching style and a testa- level, highlighting the need for a program maintains its initiative of delivering like the Toys for Tots Literacy Program; ment to her tireless commitment to women’s hope while extending its reach and im- basketball and the well-rounded development Whereas every $1 donation helps the Ma- rine Toys for Tots Foundation buy a book for pact in a very meaningful way. of young women. a deserving child within the community This outstanding program has Mr. Speaker, I want to thank my friend where it was donated; touched the lives of many since every JIMMY DUNCAN for introducing this resolution Whereas since March 2008 more than $1 donation helps the Marine Toys for and giving us the opportunity to congratulate $630,000 has been raised for the Toys for Tots Tots Foundation buy a book for a de- Pat Summitt on accomplishing this feat, recog- Literacy Program through a variety of ac- serving child within the community nize her outstanding career, and wish her and tivities, including donation card campaigns, where it was donated. Since its cre- the Lady Vols all the best in their future suc- coin box collections, special events, and ation in March of 2008, more than cesses. sponsorships; Whereas March 2009 marks the one-year $800,000 has been raised for the literacy Mr. TONKO. I yield back my time. program through a variety of activi- The SPEAKER pro tempore. The anniversary of the Toys for Tots Literacy ties, including donation card cam- question is on the motion offered by Program; and paigns, coin box collections, special the gentleman from New York (Mr. Whereas the Toys for Tots Literacy Pro- gram has created a literacy award, in honor events, and sponsorships. This equates TONKO) that the House suspend the of Alferd Williams, a 71-year-old resident of rules and agree to the resolution, H. to more than 800,000 books being deliv- St. Joseph, Missouri, who, to combat illit- ered to children across our Nation. Res. 196. eracy, enrolled in Alesia Hamilton’s first- The question was taken. Given the estimate that in low-in- grade class at Edison Elementary School in come neighborhoods the ratio of books The SPEAKER pro tempore. In the St. Joseph; Now, therefore, be it opinion of the Chair, two-thirds being Resolved, That the House of Representa- per child is one age-appropriate book in the affirmative, the ayes have it. tives— for every 300 children, this program not Mr. TONKO. Mr. Speaker, I object to (1) recognizes that the Toys for Tots Lit- only brings children the joy of reading, the vote on the ground that a quorum eracy Program has made significant con- but also serves as an important tool in is not present and make the point of tributions in raising awareness of illiteracy breaking that cycle of poverty. order that a quorum is not present. and promoting children’s literacy; and Mr. Speaker, this resolution serves to The SPEAKER pro tempore. Pursu- (2) recognizes and commends the Toys for commend the Toys for Tots Literacy Tots Literacy Program for its effort to bat- Program for its outstanding efforts in ant to clause 8 of rule XX and the tle poverty through the support of literacy. Chair’s prior announcement, further raising awareness of illiteracy and The SPEAKER pro tempore. Pursu- proceedings on this motion will be fighting poverty by promoting literacy. ant to the rule, the gentleman from postponed. And I thank my colleague, Representa- The point of no quorum is considered New York (Mr. TONKO) and the gen- tive GRAVES, for introducing this reso- withdrawn. tleman from Wisconsin (Mr. PETRI) lution. each will control 20 minutes. The Chair f I urge my colleagues to resoundingly recognizes the gentleman from New pass this resolution, Mr. Speaker, and I RECOGNIZING TOYS FOR TOTS York. reserve the balance of my time. LITERACY PROGRAM GENERAL LEAVE Mr. PETRI. Mr. Speaker, I am hon- Mr. TONKO. Mr. Speaker, I move to Mr. TONKO. Mr. Speaker, I request 5 ored to recognize the Toys for Tots Lit- suspend the rules and agree to the reso- legislative days during which Members eracy Program for their commitment

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.042 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6034 CONGRESSIONAL RECORD — HOUSE June 2, 2009 to providing our Nation’s less fortu- commitment to literacy by supporting this im- ‘‘(IV) maintain such notice (or a copy of nate children with the resources they portant resolution. such notice) as signed by such parents (or a need to develop early reading skills. I Mr. TONKO. I yield back my time, copy of the signed notice) in such provider’s ask all of my colleagues to support this Mr. Speaker. records during the period in which the child receives such services.’’, and resolution. I have no requests for time. The SPEAKER pro tempore. The (D) in the last sentence by inserting I yield back the balance of my time. question is on the motion offered by ‘‘clauses (i), (ii), or (iii) of’’ after ‘‘Nothing Mr. TONKO. Mr. Speaker, obviously the gentleman from New York (Mr. in’’. the literacy issue is one of great sig- TONKO) that the House suspend the SEC. 3. EFFECTIVE DATE. nificance to all age demographics out rules and agree to the resolution, H. This Act and the amendments made by there. However, if we can create a pro- Res. 232. this Act shall take effect on October 1 of the gram such as Toys for Tots whereby we The question was taken. 1st fiscal year that begins more than 1 year combat illiteracy and raise awareness The SPEAKER pro tempore. In the after the date of the enactment of this Act. of the importance of literacy and allow opinion of the Chair, two-thirds being The SPEAKER pro tempore. Pursu- for us to conquer poverty at the same in the affirmative, the ayes have it. ant to the rule, the gentleman from time, we can accomplish many, many Mr. TONKO. Mr. Speaker, I object to New York (Mr. TONKO) and the gen- good things in the lives of children. the vote on the ground that a quorum tleman from Wisconsin (Mr. PETRI) I thank Representative GRAVES for is not present and make the point of each will control 20 minutes. The Chair having introduced House Resolution order that a quorum is not present. recognizes the gentleman from New 232. Again, I strongly encourage our The SPEAKER pro tempore. Pursu- York. colleagues to support the measure be- ant to clause 8 of rule XX and the GENERAL LEAVE fore the House. Chair’s prior announcement, further Mr. TONKO. Mr. Speaker, I request 5 Mr. GRAVES. Mr. Speaker, I rise today in proceedings on this motion will be legislative days during which Members strong support of H. Res. 232, a measure rec- postponed. may revise and extend and insert ex- ognizing and commending the Toys for Tots The point of no quorum is considered traneous material on H.R. 1662 into the Literacy Program for its contributions in raising withdrawn. RECORD. awareness of illiteracy, promoting children’s lit- The SPEAKER pro tempore. Is there f eracy, and fighting poverty through the support objection to the request of the gen- of literacy. ANTHONY DEJUAN BOATWRIGHT tleman from New York? I want to thank Chairman MILLER and Rank- ACT There was no objection. ing Member MCKEON for allowing this impor- Mr. TONKO. Mr. Speaker, I move to Mr. TONKO. I yield myself as much tant resolution to come to the floor today. I suspend the rules and pass the bill time, Mr. Speaker, as I may consume. also want to thank my colleagues who joined (H.R. 1662) to amend the Child Care and Mr. Speaker, I rise today in support me as co-sponsors in moving forward such an Development Block Grant Act of 1990 of H.R. 1662, which amends the Child important tribute. to require child care providers to pro- Care and Development Block Grant Act Mr. Speaker, earlier this year I was honored vide to parents information regarding of 1990 to require child care providers to introduce a resolution recognizing the whether such providers carry current to provide information regarding whether such providers carry current achievements of the Toys for Tots Literacy liability insurance. Program. For over 60 years Toys for Tots has The Clerk read the title of the bill. liability insurance. Working parents collected toy donations for underprivileged The text of the bill is as follows: depend on child care so they can earn youth. Beginning in March 2008, Toys for Tots an income needed to support their fam- expanded beyond toy donations to taking on H.R. 1662 ilies, as well as ensure that their chil- the challenge of rising illiteracy rates. With the Be it enacted by the Senate and House of Rep- dren are well cared for in a safe envi- help of the UPS Store and Mail Boxes Etc., resentatives of the United States of America in ronment while they are working. As Congress assembled, and UPS Store owners like Bob and Share such, child care is an integral part of SECTION 1. SHORT TITLE. Tate of Kearney, MO, the Toys for Tots Lit- This Act may be cited as the ‘‘Anthony the daily routine for millions of Amer- eracy Program was formed to assist economi- DeJuan Boatwright Act’’. ican families with young children. Nearly 12 million children under 5 cally disadvantaged children compete and SEC. 2. AMENDMENTS. succeed in academics by providing them di- Section 658e(c)(2) of the Child Care and De- years of age are regularly in child care rect access to resources that enhance their velopment Block Grant Act of 1990 (42 U.S.C. settings. Research clearly shows us ability to read and communicate effectively. 9858c(c)(2)) is amended— that high quality child care has a last- Through this initiative comes an inspiring (1) in subparagraph (E)(i) by adding at the ing impact on a child’s development story. Alferd Williams, a son of sharecroppers, end the following: ‘‘The State shall include and well-being. Children in poor qual- had a simple and uncomplicated dream—he as part of its regulatory process for issuance ity child care miss a crucial early wanted to learn to read. That is how the then and renewal of licenses to providers of child learning opportunity and are more 70-year-old came to enroll in Alesia Hamilton’s care services, a recommendation to each pro- likely to arrive at kindergarten unpre- vider that it carry current liability insur- pared and unable to succeed in school. first grade class at Edison Elementary School ance covering the operation of its child care in St. Joseph, Missouri. business.’’, and As a country, we need to be doing With help from Alesia, Alferd learned to (2) in subparagraph (F)— much more to invest in and support read. And in the process he inspired a move- (A) in clause (ii) by striking ‘‘and’’ at the high quality child care programs so ment to do more to combat illiteracy. The Toys end, that children have the best oppor- for Tots Literacy program was started with the (B) in clause (iii) by striking the period at tunity to develop. goal of providing the nation’s least fortunate the end and inserting a semicolon, Back in 2001, Anthony DeJuan children with books and educational material. (C) by inserting after clause (iii) the fol- Boatwright’s mother, Jacqueline Nationwide over 33 percent of fourth grad- lowing: Boatwright, placed her child in child ers cannot read according to the 2007 annual ‘‘(iv) a requirement that each licensed care so that she could work to improve child care provider— her and her son’s life. She understood Reading Report. There is an economic cost to ‘‘(I) post publicly and conspicuously in the taxpayers, but more importantly there is a cost service area of its premises a notice speci- the child care program market. She to that individual. When a child does not learn fying whether or not such provider carries shopped around and found a child care to read, they lose out on a world of oppor- current liability insurance covering the op- center. It was licensed by the State. It tunity. eration of its child care business; was clean, and it complied with Fed- The story of Alferd Williams demonstrates ‘‘(II) provide to parents of children to eral regulations under the Child Care that ventures such as the Toys for Tots Lit- whom it provides child care services a writ- Development Block Grant Act gov- eracy program are important vehicles in rais- ten notice stating whether or not such pro- erning such items as the prevention ing awareness of illiteracy. Through the gift of vider carries current liability insurance cov- and control of infectious diseases, ering the operation of its child care business, a book, we can provide individuals with the including the amount of any such coverage; building safety, premises access, and tools they need to help break the cycle of pov- ‘‘(III) obtain the signature of at least 1 par- safety training for staff. However, lit- erty. ent of each such child on such written notice tle Anthony nearly drowned and ended Please join with me in thanking Toys for acknowledging that such parent has received up on life support due to an oversight Tots and congratulating Alferd and Alesia’s such notice; and at the child day care center.

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.045 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6035 Jackie Boatwright did not know that and, hopefully, this legislation, if it is child, and they would not be finan- a child care program could take her passed, can be implemented without cially responsible for any of the harm money, harm her child, and escape pun- adding to the costs of these hard- that they do. That’s because they had ishment for their dire mistake. working families. no liability insurance. There was no Asking providers to post information b 1545 law that required them to have any lion their liability insurance may give ability insurance, and there wasn’t Because the childcare center had no additional peace of mind if it’s prop- even any law that required them to tell liability insurance, the facility could erly implemented, at little or no addi- her that. not be financially responsible for any tional cost to these families and, hope- Mr. Speaker, sure enough, that’s just harm they could do. There wasn’t a fully, will avoid tragedies such as the what happened. They ignored Juan law, State or Federal, that required one that affected 14-month old An- long enough for him to find a bucket of childcare centers to tell Ms. thony DeJuan Boatwright, who fell, water. Like every child that age, he Boatwright either. and the accident left him in a semi-co- had just enough strength to pull him- The bill before us makes a small but, matose state and ventilator-dependent. self up to look over inside and to fall indeed, important amendment to cur- I’d like to note that the bill before us inside head first, but not enough upper rent law. This bill would require each does not reauthorize the Child Care and body strength to push himself back up. provider to openly post whether or not Development Block Grant Act. Hope- It was a death trap, and little Juan fell they have current liability insurance fully, that bill will be brought before into it. Well, Juan survived, but his life covering the operation of the childcare the Education and Labor Committee and that of his family have been ruined business, and it requires each provider for reauthorization and full committee and changed forever. to supply parents with a written notice consideration during the 111th Session Now, this bill would have prevented stating whether or not the provider of Congress so that additional improve- all of this from happening. It wouldn’t carries liability insurance, including ments can be made. have prevented this from happening by the amount of such coverage. As we move forward, we must ensure adding a whole new bureaucracy of This legislation does not supersede that Federal policy provides States daycare inspectors to watch the watch- any State regulations regarding facil- maximum flexibility in developing ers. It would have prevented this from ity licensure or insurance require- childcare programs and policies, and happening in the least expensive and ments. We are simply asking childcare provides parents with the ability to most efficient way possible, by simply providers to inform parents whether or choose from a variety of options so requiring the daycare center to tell not they hold liability insurance. that parents can decide the care best parents that they’re willing to accept As we move forward reauthorizing suited for their children. the moral responsibility of taking care this program, we must consider poli- With those comments, I reserve the of your children, but they won’t accept cies that foster effective learning envi- balance of my time. any of the financial responsibility for ronments where children can obtain Mr. TONKO. Mr. Speaker, I am failing to do so. the cognitive, the social and the aca- pleased to recognize the gentleman That would have prevented this from demic skills needed to succeed. And we from Georgia, sponsor of H.R. 1662, a happening, because if Jackie had must make sure that parents can feel very thoughtful piece for the children known that she would have done what secure in the knowledge that their of this country, Mr. BARROW, for as any other parent would do. She would children will be safe from harm while much time as he may consume. have taken her business someplace out of their care. Mr. BARROW. Mr. Speaker, back else, someplace where they accept This bill gives parents more informa- home in Augusta, Georgia, there’s a some degree of financial responsibility tion that they need to make educated little 9-year old boy by the name of An- for the consequences of their neg- decisions about daycare facilities. We thony DeJuan Boatwright, who’s in a ligence and incorporate that cost in must provide safe childcare programs semi-comatose state and hooked up to the cost of doing business, just like for our children. a ventilator. He’s been like this since every other financially responsible I thank Representative BARROW for September 9, 2001. business does. introducing this bill, and ask my col- Now, Juan, as he’s called, wasn’t Now, Jackie has tried to make some- leagues to support the measure. born that way. He was the victim of a thing positive out of all this. She’s de- I reserve the balance of my time, Mr. tragic and a preventable accident. The termined to prevent this from hap- Speaker. worst of it is if his mom had been given pening to anybody else. Thanks to her Mr. PETRI. Mr. Speaker, I yield my- the information that this bill requires, efforts, financial responsibility disclo- self such time as I may consume. then this accident never would have sure laws are now on the books in four Mr. Speaker, I rise to discuss H.R. happened. States: Georgia, California, Virginia 1662, to amend the Child Care and De- Back in 2001, Juan’s mother, Jac- and New Hampshire. This bill will close velopment Block Grant Act to require queline Boatwright, was doing what the gap by requiring financial responsi- childcare providers to supply parents millions of mothers and fathers all bility disclosure for licensed daycare with information regarding whether over the country do everyday. She facilities in the rest of the country. such providers carry current liability dropped her child in daycare so that In 2005, there were literally millions insurance. she could go to work to improve her of kids in this country receiving The bill before us today requires that family’s life. daycare in facilities that are governed States, as part of their licensing re- Ms. Boatwright had done her home- by the Child Care and Development quirements, recommend that childcare work. She was a sophisticated con- Block Grant Act. Only a fraction of providers carry liability insurance. The sumer and she shopped around and these kids live in the four States that bill also requires childcare providers to found a daycare center that she felt have now stepped forward to enact fi- post whether or not they have current comfortable leaving her baby boy with. nancial responsibility disclosure laws. liability insurance covering the oper- It was licensed by the State of Georgia. That means that millions of kids still ation of their childcare businesses, and It was clean. And most importantly, it go to licensed daycare facilities all it requires providers to supply parents complied with all sorts of Federal regu- around the country, today, where par- with a written notice stating whether lations under the Child Care Develop- ents have no idea that their daycare or not the provider carries liability in- ment Block Grant Act that are de- centers can harm their child and ac- surance. signed to prevent and control infec- cept none of the financial consequences Today, many parents depend on tious diseases, ensure building safety, for doing so. childcare in order to continue to work premises access, and mental health and This bill will give the parents of to support their families. As such, safety training for staff. these millions of children the same in- childcare is an integral part of the But there was one thing that Jackie formation that parents are entitled to daily routine for millions of American Boatwright did not know; that these as a matter of law in the States of families with young children. A cost- folks could take her money, they could Georgia, California, Virginia and New efficient childcare is very important take her child, they could harm her Hampshire. These parents have just as

VerDate Nov 24 2008 02:00 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.047 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6036 CONGRESSIONAL RECORD — HOUSE June 2, 2009 much need to know about the financial any family and any children in our sisting of approximately 31,000 members of responsibility of the folks they give country. the United States Armed Forces and more their kids to, and this bill will give So, with all that being said, I strong- than 3,000 vehicles, which embarked on 208 them the same right to that informa- ly encourage our colleagues to support vessels from Weymouth and Portland, Eng- land; tion. H.R. 1662. Whereas, of the estimated 9,400 casualties Now, this bill does not require any Mr. Speaker, I yield back the remain- incurred by Allied troops on the first day of daycare facilities to actually go out der of my time. the landing, an estimated 5,400 casualties and get liability insurance. It merely The SPEAKER pro tempore. The were members of the United States Armed requires licensed daycare centers to question is on the motion offered by Forces; tell parents whether or not they have the gentleman from New York (Mr. Whereas only five days after the initial insurance and, if so, how much. That’s TONKO) that the House suspend the landing, Allied troops secured a beachhead all. It then leaves it up to the parents rules and pass the bill, H.R. 1662. that was 50 miles long and 12 miles deep and was occupied by more than 325,000 soldiers; to do what Jackie Boatwright would The question was taken; and (two- Whereas on July 25, 1944, Allied Forces have done if only she had had this in- thirds being in the affirmative) the launched Operation COBRA to break out of formation, and that is to decide for rules were suspended and the bill was the beachhead and began the liberation of themselves whether or not to leave passed. France, which contributed to the destruction their child with somebody who wants A motion to reconsider was laid on of the Nazi regime on May 7, 1945; and to accept the responsibility for caring the table. Whereas members of the ‘‘greatest generation’’ assumed the task of freeing the world for your child, wants to take your f money for doing so, but is unable and from Nazi and Fascist regimes and restoring liberty to Europe: Now, therefore, be it unwilling to accept any of the financial RECOGNIZING 65TH ANNIVERSARY OF ALLIED LANDING ON D-DAY Resolved, That the House of Representa- consequences for failing to fulfill this tives— responsibility. Mr. KRATOVIL. Mr. Speaker, I move (1) recognizes the 65th anniversary of the Indirectly, Mr. Speaker, this bill ac- to suspend the rules and agree to the Allied amphibious landing on D-Day, June 6, tually does more than that. By giving resolution (H. Res. 259) expressing the 1944, at Normandy, France, during World parents the information that they have gratitude and appreciation of the War II; a right to know, it places a powerful House of Representatives for the acts (2) expresses its gratitude and appreciation economic incentive on all daycare cen- of heroism and military achievement to the members of the United States Armed Forces who participated in Operation Over- ters to do what all of the responsible by the members of the United States lord; and daycare centers are already doing, and Armed Forces who participated in the (3) requests the President to issue a procla- that is to assume the financial respon- June 6, 1944, amphibious landing at mation calling on the people of the United sibility that goes along with the moral Normandy, France, and commending States to observe the anniversary with ap- responsibility of taking care of chil- them for leadership and valor in an op- propriate ceremonies and programs to honor dren in their care and to incorporate eration that helped bring an end to the sacrifices of their fellow countrymen to the cost of that into the cost of doing World War II, as amended. liberate Europe. business. Anyone who wants to do busi- The Clerk read the title of the resolu- The SPEAKER pro tempore. Pursu- ness without doing that will be at a tion. ant to the rule, the gentleman from competitive disadvantage compared to The text of the resolution is as fol- Maryland (Mr. KRATOVIL) and the gen- those who do. lows: tlewoman from Oklahoma (Ms. FALLIN) each will control 20 minutes. This approach gives the invisible H. RES. 259 hand of self interest the opportunity to The Chair recognizes the gentleman Whereas June 6, 2009, marks the 65th anni- from Maryland. do some good in the marketplace. Par- versary of the Allied assault at Normandy, ents who place their children in France, which was known as Operation Over- GENERAL LEAVE daycare centers will have the informa- lord; Mr. KRATOVIL. Mr. Speaker, I ask tion that they need in order to make Whereas before Operation Overlord, the unanimous consent that all Members the right choice for their children, and German Army still occupied France and the have 5 legislative days within which to daycare centers that don’t want to do Nazi government still had access to the raw revise and extend their remarks on the materials and industrial capacity of Western the right thing by the children in their resolution under consideration. Europe; The SPEAKER pro tempore. Is there care will compete at a disadvantage Whereas Supreme Allied Commander Gen- objection to the request of the gen- compared to those who do. eral Dwight D. Eisenhower called Operation tleman from Maryland? We have truth in labeling. We have Overlord a ‘‘Crusade in Europe’’, telling the There was no objection. truth in lending, and we have truth in soldiers, sailors, and airmen who would par- Mr. KRATOVIL. Mr. Speaker, I yield advertising. This is truth in daycare. ticipate in the operation that ‘‘The free men myself such time as I may consume. The States have led the way, and now of the world are marching together to vic- Mr. Speaker, I rise today in support tory. I have full confidence in your courage, it’s time for the Federal Government of House Resolution 259 recognizing to follow their lead. The families who devotion to duty, and skill in battle.’’; Whereas the naval assault phase on Nor- June 6 as the 65th anniversary of D- end up being harmed because they are mandy was code-named ‘‘Neptune’’, and the Day, the massive amphibious landing kept in the dark deserve to know the June 6th assault date is referred to a D-Day on the beaches of Normandy, France, truth. to denote the day on which the combat at- beginning the initial assault of Oper- Mr. PETRI. I have no further re- tack was initiated; ation Overlord, and the eventual vic- quests for time. Whereas significant aerial bombardments tory for Allied Forces of World War II. I yield back the balance of my time. and operations (including Operation For- I rise not only to recognize a day Mr. TONKO. Mr. Speaker, I thank my titude) by Allied forces during the weeks and whose historical significance cannot be good friend from the State of Georgia, months leading up to, and in support of Op- overstated, but to express gratitude eration Overlord, played a significant role in Representative BARROW, for intro- the success of the Normandy landings; and appreciation to the members of the ducing H.R. 1662. Whereas more than 13,000 soldiers United States Armed Forces who Obviously, childcare decisions are parachuted, and several hundred soldiers of served in defense of freedom that day, major decisions for any family. And in the glider units participating in Mission De- and throughout the campaign. addition to those cognitive and social troit and Mission Chicago landed, behind Before Operation Overlord, the Ger- and educational skills that are in- enemy lines to secure landing fields in the 24 man Army occupied France, giving the vested in our children, the sense of se- hours preceding the amphibious landing; Nazi government unrestricted access to curity and comfort that needs to be af- Whereas soldiers of six divisions (three the raw materials and industrial capac- forded the families who participate in American, two British and one Canadian) ity of Western Europe. Hailed as a cru- these wonderful resources needs to be stormed ashore in five main landing areas on beaches in Normandy, which were code- sade in Europe by Supreme Allied Com- enhanced. And by simply and rightfully named ‘‘Utah’’, ‘‘Omaha’’, ‘‘Gold’’, ‘‘Juno’’ mander General Dwight D. Eisenhower, asking childcare providers to inform and ‘‘Sword’’; this successful undertaking forced Ger- parents whether or not they hold li- Whereas the D-Day landing was the largest many into a two-front war, subse- ability insurance is a strengthener for single amphibious assault in history, con- quently beginning the liberation of

VerDate Nov 24 2008 02:00 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.049 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6037 France and contributing to the down- 82nd Airborne Division, Sergeant Ms. FALLIN. Madam Speaker, I have fall of the Nazi regime. Myers parachuted into Normandy in another speaker. I would like to yield Approximately 31,000 members of the the pre-dawn hours of D-day. He fought as much time as he may consume to United States Armed Forces joined the the vicious battles to defend the beach- the gentleman from Arkansas (Mr. Allied troops on D-day, the largest sin- head, and he rescued a fellow soldier BOOZMAN). gle amphibious assault in world his- before being killed on June 14. Mr. BOOZMAN. Madam Speaker, on tory. Allied and American soldiers Another Oklahoman who fulfilled his April 27, 2009, Chairman SKELTON and I stormed onto five landing fields, se- duty that day in June was Harry Furr introduced H. Res. 259 to recognize the cured only 24 hours prior, through air- from Oklahoma City. As the pilot of a members of the United States Armed borne operations designed to slow the glider, his job was to get his canvas Forces who participated in the amphib- enemy’s ability to launch counter- and plywood aircraft safely to the ious D-day invasion in Normandy, attacks while sufficient forces gath- ground. France and to express the gratitude ered along the beachhead. He said, ‘‘They were clumsy, difficult and appreciation of the House of Rep- to land and came down pretty fast,’’ resentatives for their achievements b 1600 and many of them crashed. and acts of heroism. American troops suffered an esti- He had one chance to land with a Madam Speaker, 65 years ago this mated 5,400 of the 9,400 Allied casual- jeep, a trailer of medical supplies and Saturday marks the 65th anniversary ties that day, and their immeasurable 15 men aboard. Furr’s glider brushed of the beginning of Operation Overlord, sacrifice will never be forgotten. the tops of the trees before landing in commonly referred to as D-day, what I would like to make special note of a field, smashing in the whole front of would be the largest single amphibious the 29th Infantry Division, which drew the aircraft. assault in the history of the world. part of its ranks from Maryland’s East- ‘‘No one was hurt,’’ Furr recalled. On June 6, 1944, the supreme com- ern Shore. On D-day, the 29th division ‘‘We got down safe,’’ but the Germans mander of the Allied Expeditionary was the only National Guard division were firing on the glider in the field, Force, General Dwight D. Eisenhower, to land on the beaches of Normandy. and they threw in mortars. So Furr said in his official message to the sol- Throughout the campaign, they spent noted, ‘‘It was very intense until we diers, sailors and airmen, ‘‘You are 242 days in combat throughout Nor- got out of that field.’’ about to embark upon the Great Cru- On the beach, Thomas Valence, a mandy, northern France, the Rhine- sade, toward which we have striven member of the 116th Infantry in the land, and Central Europe, earning four many months. The eyes of the world first assault wave, left his landing craft Distinguished Unit Citations in the are upon you. The hopes and prayers of and floundered in knee-deep water. He process. liberty-loving people everywhere was almost shot twice through his left House Resolution 259 is our small march with you. In company with our way of commending the United States hand. In an article he wrote, he said, ‘‘I brave allies and brothers-in-arms on Armed Forces for their leadership and made my way forward as best I could. other fronts, you will bring about the valor in a mission that defined the be- My rifle jammed, so I picked up a car- destruction of the German war ma- ginning of the end of World War II. bine and got off a couple of rounds. I chine, the elimination of Nazi tyranny Today, I ask the Members of this House was hit again—once in the left thigh, over the oppressed peoples of Europe to join me in supporting this resolu- which broke my hip, and a couple of and security for ourselves in a free tion, thereby expressing our apprecia- times in my pack, and then the chin world.’’ tion and gratitude for the members of strap of my helmet was severed by a General Eisenhower then went on to the United States Armed Forces in- bullet.’’ express his confidence in their ‘‘cour- volved with D-day operations. We must He said, ‘‘I worked my way up onto age, devotion to duty and skill in bat- always remember to honor the sac- the beach and staggered up against a tle,’’ reminding our young men that rifices made by our fellow countrymen wall and collapsed there. The bodies of the United States would accept noth- so that others around the world may the other guys washed ashore, and I ing less than full victory. continue to know the gift of freedom. was the one live body amongst many of So these brave and selfless young I reserve the balance of my time. my friends who were dead.’’ men, in the face of incredible danger Ms. FALLIN. I yield myself as much Because of the heroism and persever- and challenges, assaulted the Atlantic time as I may consume. ance of such men as Myers, Furr and Wall—a series of military fortifications Mr. Speaker, I am proud today to Valence, the door to Hitler’s fortress in along Normandy’s coast that consisted support House Resolution 259, which Europe was cracked open. So it is en- of minefields, bunkers and artillery recognizes the valor and the military tirely fitting that today, 65 years after emplacements. They courageously achievements of the members of the that historic day, we take time to bombarded these fortifications, Armed Forces who participated in the honor and to commemorate the events parachuted and glided behind enemy invasion of France on June 6, 1944, 65 of June 6, 1944. lines and stormed the beaches, code years ago. On that day, which is going to be named ‘‘Utah,’’ ‘‘Omaha,’’ ‘‘Juno,’’ and I want to commend Representative later this week, I want to urge all of ‘‘Sword,’’ to break the grip of the Nazi JOHN BOOZMAN from Arkansas and the my colleagues to reflect upon the ex- and fascist regimes and to restore the chairman of the House Armed Services traordinary service that was rendered hope of freedom to Europe and to the Committee, IKE SKELTON, for spon- by the veterans of World War II. More- entire world. soring this legislation. over, I would like to also urge my col- These were young men like combat The facts of Operation Overlord, the leagues, as they see both previous and medic and surgical technician Warren start of what General Eisenhower current members of the Armed Forces D. Blaylock of Alma, Arkansas, who called the ‘‘crusade in Europe,’’ are whom they encounter, to take time in- served in the 67th Evacuation Hospital, clearly set forth in the text of this res- dividually to thank them for their which arrived at Utah beach shortly olution. This was the largest amphib- service to our great Nation. following the initial invasion forces. ious operation in history, and in I heartily recommend that all of my One of Warren’s responsibilities was to breaching German defenses, the Allied colleagues vote ‘‘yes’’ on this resolu- seek out suitable places to treat and to forces suffered more than 10,000 casual- tion. care for the wounded—tents, schools, ties on the first day of the invasion. Madam Speaker, I would like to re- buildings or any other suitable cover Beyond the facts of the invasion, serve the balance of my time. that could be found to protect the however, is the heroism and the unself- Mr. KRATOVIL. Madam Speaker, at wounded and other personnel from ish sacrifice of the men who carried out this time, I have no further requests enemy fire. this most magnificent operation. One for time. I am prepared to close after In one instance, Warren recalls a sit- such man was Sergeant Melvin ‘‘Hawk- my colleague has yielded back her uation in which German machine gun- eye’’ Myers, a Comanche warrior from time. fire strafed his immediate area, and he the Boone-Apache area of my home I continue to reserve the balance of dove into a foxhole. At that same mo- State of Oklahoma. As a member of the my time. ment, another soldier dove into the

VerDate Nov 24 2008 03:13 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.051 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6038 CONGRESSIONAL RECORD — HOUSE June 2, 2009 same hole, landing on top of him, an- ation involved 5,000 naval vessels, more Whereas the shooting resulted in the tragic grily cursing the enemy. Warren than 11,000 sorties by Allied aircraft, loss of Navy Commander Charles K. Springle, looked up, and it was none other than and 153,000 members of the Allied Expe- Army Major Matthew P. Houseal, Army Ser- his good friend Clovis Bryant from Van ditionary Force, composed of Amer- geant Christian E. Bueno-Galdos, Army Spe- cialist Jacob D. Barton, and Army Specialist Buren, Arkansas, who would later be- ican, British, and Canadian forces. Michael E. Yates; come an Arkansas State senator. War- But it is important to remember that Whereas the lives of the victims were ren would serve in five campaigns dur- Allied victory against the entrenched taken while they were bravely and honorably ing his 2 years in Europe, part of that Nazi forces was hardly a foregone con- serving the United States on the front lines in support of Patton’s 3rd Army into clusion. Our courageous troops who in Iraq; the Bastogne area until he was held be- participated in the invasion understood Whereas the combat stress clinic at Camp hind to care for 23 wounded soldiers, all the enormous risks—and more than Liberty, Iraq, and similar clinics in theater of whom survived thanks to his direct 6,500 lost their lives in the effort—but and at home provide essential mental health services to the Nation’s servicemen and and excellent care. Warren D. Blaylock their dedication to duty and love of women; received the Bronze Star for his serv- freedom gave them the strength to Whereas the Nation’s protracted military ice. take on the seemingly impossible task engagements in Iraq and Afghanistan call for While he is just one of many of Ar- before them. Their sacrifices made it increased attention to the mental health kansas’ native sons who served during possible to restore true freedom to mil- challenges faced by the courageous members this very dangerous time, his story is a lions of people across the European of the Armed Forces; and testament to their bravery, skill and continent. Whereas honoring the Nation’s commit- personal sacrifice in the name of free- I was a young teenager during World ment to those who serve the Nation and their families means offering these heroic dom. This resolution honors Warren War II, and my friends and neighbors in soldiers not only first class medical care for and all of those who fought to bring uniform were my heroes. The achieve- physical injuries, but also first class mental peace to Europe. ments of our D-Day veterans and all health services: Now, therefore, be it So I would ask all Members of Con- those who fought in World War II con- Resolved, That the House of Representa- gress to take pause this Saturday and tinue to inspire me today. But our na- tives— to remember the great accomplishment tion has been blessed with generation (1) expresses its heartfelt condolences to of these servicemembers and what the after generation of patriotic Americans the families and friends of the victims of the world might have been if not for the who have selflessly served our country. May 11, 2009, shooting at the combat stress bravery, skill and selfless determina- clinic at Camp Liberty, Iraq; As we honor the heroes of D-Day, our (2) conveys its ongoing deep gratitude to tion to preserve the universal human thoughts, prayers, and gratitude go the brave members of the Armed Forces who right of freedom. also to today’s volunteers who wear risk their lives in service of protecting the I encourage all of my colleagues to our nation’s uniform. Today’s soldiers, Nation; thank those servicemembers on the sailors, airmen, and Marines inherit a (3) recognizes the important work of the 65th anniversary of their great endeav- proud legacy from those who stormed medical professionals and staff members, or for all of the sacrifices made by the beaches of Normandy: a legacy of who provide essential mental health services them and by their entire generation to commitment to duty, dedication to to our servicemen and women, at Combat secure victory and peace for the free- Stress Control Center in Camp Liberty, Iraq, freedom, and love of country. As we and other clinics in theater and at home; and dom-loving people of the world. recognize the 65th Anniversary of D- (4) commits to focus on the mental, in ad- I would also like to express my ap- Day, our nation has an obligation to dition to the physical, well being of the Na- preciation to Chairman SKELTON and to remember all of these heroes. tion’s military servicemen and women, and his staff for their assistance in bring- Ms. FALLIN. Madam Speaker, I yield veterans, and to support the policies, re- ing forward this resolution, as well as back the balance of my time. sources, and funding necessary to success- to Mr. MCHUGH and to his staff so that Mr. KRATOVIL. Madam Speaker, I fully combat the mental and physical we might bring this to the House floor yield back the balance of my time. healthcare challenges that they may confront. in time to honor these servicemembers The SPEAKER pro tempore (Ms. prior to the 65th anniversary of this RICHARDSON). The question is on the The SPEAKER pro tempore. Pursu- great feat. I strongly encourage my motion offered by the gentleman from ant to the rule, the gentleman from colleagues to vote ‘‘yes’’ on this resolu- Maryland (Mr. KRATOVIL) that the Maryland (Mr. KRATOVIL) and the gen- tion. House suspend the rules and agree to tlewoman from Oklahoma (Ms. FALLIN) Mr. SKELTON. Madam Speaker, I the resolution, H. Res. 259, as amended. each will control 20 minutes. rise in strong support of H. Res. 259, ex- The question was taken; and (two- The Chair recognizes the gentleman pressing gratitude and appreciation to thirds being in the affirmative) the from Maryland. the U.S. Forces who took part in World rules were suspended and the resolu- GENERAL LEAVE War II’s D-Day invasion, which led to tion, as amended, was agreed to. Mr. KRATOVIL. Madam Speaker, I the end of the war in Europe. A motion to reconsider was laid on ask unanimous consent that all Mem- This resolution urges Americans to the table. bers have 5 legislative days within honor the heroic deeds and immeas- f which to revise and extend their re- urable sacrifices of our Allied troops on marks on the resolution under consid- D-Day. The passing of the years fails to EXPRESSING SYMPATHY FOR VIC- eration. diminish the tremendous debt we owe TIMS OF CAMP LIBERTY SHOOT- The SPEAKER pro tempore. Is there to the Greatest Generation for liber- INGS objection to the request of the gen- ating Europe and fighting to preserve Mr. KRATOVIL. Madam Speaker, I tleman from Maryland? freedom. move to suspend the rules and agree to There was no objection. Almost sixty-five years ago, on June the resolution (H. Res. 471) expressing Mr. KRATOVIL. I yield myself as 6, 1944, American and Allied Forces in- sympathy to the victims, families, and much time as I may consume. vaded Normandy, France, in Operation friends of the tragic act of violence at Madam Speaker, I rise today to call Overlord. Thus began the arduous task the combat stress clinic at Camp Lib- attention to a tragedy our Nation expe- of liberating Europe from the yoke of erty, Iraq, on May 11, 2009, as amended. rienced on Monday, May 11, 2009, at the Nazi tyranny. At the time, few people The Clerk read the title of the resolu- combat stress clinic in Camp Liberty, understood the full impact this inva- tion. Iraq, when a soldier reportedly killed sion would have. But with the success The text of the resolution is as fol- five innocent American servicemen and of the D-Day invasion, the tide of the lows: wounded three others. war swung in favor of the Allies, and H. RES. 471 The shooting resulted in the tragic loss of Navy Commander Charles K. Adolf Hitler began his ultimate demise. Whereas on Monday, May 11, 2009, the Na- The sheer scale of Operation Overlord tion experienced a tragedy when a soldier at Springle, Army Major Matthew P. is astounding and even today remains the combat stress clinic at Camp Liberty, Houseal, Army Sergeant Christian E. the largest single amphibious assault Iraq, reportedly killed five innocent Amer- Bueno-Galdos, Army Specialist Jacob in history. The first day of the oper- ican servicemen, and wounded three others; D. Barton, and a native of my district

VerDate Nov 24 2008 03:13 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.053 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6039 and Maryland’s Eastern Shore, Spe- stress that comes with the defense of violent acts that took place at Camp cialist Michael E. Yates. our Nation. Liberty in Iraq in May. Many of us This resolution expresses heartfelt House Resolution 471 was introduced have been there many times. condolences to the families and friends along with fellow colleagues who lost These are senseless deaths. In a book of the victims of this tragic act, and it constituents in this incident honoring that just came out 2 months ago, Josh- conveys Congress’ ongoing deep grati- their service and recognizing mental ua Cooper Ramo, ‘‘The Age of the Un- tude for all of the brave members of health issues among servicemen and thinkable,’’ wrote, Our old way of war our Armed Forces who have risked veterans. I urge all of my colleagues to is increasingly useless. It is senseless their lives in the service of our Nation. support this resolution in honor of the to aspire to periods of peace on Earth This resolution also recognizes the im- those who lost their lives and all who during the lifetime of anyone who portant work of medical professionals serve in our Armed Forces. reads the book unless we begin to and staff who provide essential mental I reserve the balance of my time. change how, where, and why we do health services to servicemen and Ms. FALLIN. Madam Speaker, I am fight. women at Camp Liberty and at other here today to lend my support to House These deaths took place at a very clinics both in theater and at home. Resolution 471 expressing my sym- particular spot at Camp Liberty, and Now is the time to give increased at- pathy to the victims, the families, and both the gentlewoman and the gen- tention to the mental health chal- the friends of the victims of the tragic tleman who spoke of the names and lenges faced by the courageous mem- act of violence at the combat stress places where these five soldiers came bers of our Armed Forces, especially clinic at Camp Liberty in Iraq on May from are on the RECORD. given our Nation’s protracted military 11, 2009. And, Madam Speaker, it is One of these soldiers, one of these engagements in Iraq and Afghanistan. with deep sadness that we come to the brave men, came from the city I have Our servicemen and -women and their floor of the House of Representatives lived in all my life. Army Sergeant families make extreme sacrifices each today to recognize five of our brave Christian Bueno-Galdos was 25 years day in order to keep our Nation safe. members of our Armed Forces who an- old. I honor, and we all honor, his sac- Honoring our commitment to those swered the call of duty and ultimately rifice and his service. It exemplifies the who serve our Nation means not only gave their lives to preserve our free- deep sense of commitment that so offering first-class medical care for dom and our way of life. many immigrants have for America. He physical injuries but also in providing We may never understand what led to was the youngest of four. He was born first-class mental health services. the tragic events at Camp Liberty, but in Peru, and came here when he was 7 Congress must commit to focusing on what we do know is that five honorable years old. He and his family settled in both the mental and physical well- men lost their lives; men who were a gray house in a neighborhood I grew being of the Nation’s active military as husbands, who were fathers, sons, and up in—Paterson, New Jersey. It was well as of its veterans, and it must brothers: Navy Commander Charles K. just across the street from the county commit to supporting the policies, re- Springle of Wilmington, North Caro- road department in south Paterson. sources, and funding necessary to suc- lina; Army Major Matthew P. Houseal He attended high school at Passaic cessfully combat the mental and phys- of Amarillo, Texas; Army Sergeant County Tech. After graduating, he con- ical health care challenges that they Christian E. Bueno-Galdos of Paterson, sidered studying premed but instead may confront. New Jersey; Army Specialist Jacob D. decided to serve his country and joined As a result of this tragic accident, Barton of Springfield, Missouri; and the U.S. Army Reserves. It was in this Maryland’s Eastern Shore lost a native Army Specialist Michael E. Yates of service to his Nation that Sergeant son in Specialist Michael Yates of Federalsburg, Maryland. Bueno-Galdos became a citizen of the Federalsburg. Growing up on the East- Madam Speaker, there is no question United States of America. He went into ern Shore, Michael was an avid hunter that serving in combat is a profoundly the service before he was a citizen. His and fisherman. Like many of my con- life-altering experience. Men and dedication and love for this country stituents, he held a deep love for his women who face the challenges of com- was so great, he voluntarily signed up country and a desire to serve in the debat are forever changed, and our Na- for a second tour of duty. How many fense of freedom. At the young age of tion is eternally indebted to the brave times have we heard this? 17, Michael joined the Army. He was men and women of the Armed Forces Then, on May 11, Sergeant Bueno- then sent to Fort Knox, Germany and who fight to preserve our freedoms. Galdos tragically lost his life, and then to Iraq where he served as a cav- But we also owe them more than just Paterson and New Jersey and the alry scout. Michael had recently re- our gratitude. We owe them our com- United States lost a fine citizen. His turned to Federalsburg where he was mitment to protect them and to pro- parents first considered laying him to able to visit with family and friends vide support and services to help them rest in their home country of Peru. But one last time before returning to Iraq deal with the emotional and physical upon reflection of their son’s love of and ultimately to the counseling cen- effects of combat. America and commitment to this great ter at Camp Liberty. And with that, I would like to extend Nation, Sergeant Bueno-Galdos was It was here that a fellow soldier, my personal deepest sympathy to the laid to rest in New Jersey with full whom Michael had described to his family and friends of the servicemem- military honors. stepfather as a ‘‘fairly decent guy who bers who lost their lives at Camp Lib- So we extend our deepest sympathies had some major issues,’’ reportedly erty in Iraq on May 11, 2009, and would and heartfelt gratitude to his surviving shot and killed Michael. like to urge all Members of Congress to wife Greisyn, his mother Eugenia, his We must make soldiers’ and veterans’ support this resolution. father Carlos, and his three siblings. mental health a priority and heed Sec- Madam Speaker, I reserve the bal- Sergeant Bueno-Galdos was a coura- retary of Defense Gates’ recommenda- ance of my time. geous soldier, a loving husband, a son, tion to support funding for traumatic Mr. KRATOVIL. Madam Speaker, I a brother, a fine American citizen. He brain injury and psychological health yield to my friend and colleague, the will be greatly missed but never forgot- exams for our servicemen and -women. gentleman from New Jersey (Mr. ten in Paterson. We have already erect- We owe this to Specialist Yates, to PASCRELL), as much time as he may ed a monument on Memorial Day for Commander Springle, to Major consume. him. Houseal, to Sergeant Bueno-Galdos, Mr. PASCRELL. Madam Speaker, I But my friends, today something else and to Specialist Barton, as well as to want to thank the gentleman from happened. We promoted from Lieuten- the friends and families of those in- Maryland, the gentlewoman from Okla- ant Colonel, Mike Jaffee, who is now a volved in this tragic event. homa. full Colonel in the Air Force. Dr. Jaffee This resolution, H. Res. 471, is a reso- is a neurologist, psychologist. He’s a b 1615 lution that deserves all of our support. leader in the Department of Defense to We owe this to each and every brave The legislation expresses our sym- respond to traumatic brain injury and soldier and their families who make pathies to the five victims and their posttraumatic stress disorder. Isn’t it sacrifices daily and face the intense countless friends and families of the ironic that these killings took place in

VerDate Nov 24 2008 03:13 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.055 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6040 CONGRESSIONAL RECORD — HOUSE June 2, 2009 a stress area where American soldiers Mr. KRATOVIL. Madam Speaker, I police, members of the armed forces and were trying to help those in need? object to the vote on the ground that a other citizens; Twenty percent of those who have quorum is not present and make the Whereas on May 20, 1989, martial law was fought, who have been on the front declared in Beijing after authorities had point of order that a quorum is not failed to persuade demonstrators to leave lines, whether in Iraq or Afghanistan, present. Tiananmen Square; have posttraumatic stress disorder. The SPEAKER pro tempore. Pursu- Whereas during the late afternoon and Most are misdiagnosed, most are ant to clause 8 of rule XX and the early evening hours of June 3, 1989, ten- to undiagnosed, and the stigma is slowly Chair’s prior announcement, further fifteen thousand helmeted, armed troops car- peeling away. They need our help. proceedings on this motion will be rying automatic weapons and traveling in Their families need our help. postponed. large truck convoys moved into Beijing to So not only did we go into a war un- The point of no quorum is considered ‘‘clear the Square’’ and surrounding streets of demonstrators; prepared, but we did little for those withdrawn. Whereas on the night of June 3 and con- who put their lives on the front line f tinuing into the morning of June 4, 1989, sol- while we, supposedly gray men, decided diers in armored columns of tanks outside of where they would go and when they RECESS Tiananmen Square fired directly at citizens would return and how many times they The SPEAKER pro tempore. Pursu- and indiscriminately into crowds, inflicting would return to the battlefield. We are high civilian casualties, killing or injuring ant to clause 12(a) of rule I, the Chair unarmed civilians who reportedly ranged in fools, to say the least. declares the House in recess subject to We need to think about what’s going age from 9 years old to 61 years old; and the call of the Chair. whereas tanks crushed some protesters and on. These brave men and women have Accordingly (at 4 o’clock and 25 min- onlookers to death; taken the entire burden while we act as utes p.m.), the House stood in recess Whereas after 20 years, the exact number if nothing happens. These senseless subject to the call of the Chair. of dead and wounded remains unclear; cred- deaths will not be forgotten. ible sources believe that a number much I ask all of us to vote for this legisla- f larger than that officially reported actually tion and remember their families b 1707 died in Beijing during the period of military God bless America. Thank you. control; credible sources estimate the AFTER RECESS wounded numbered at least in the hundreds; Mr. MCMAHON. Madam Speaker, the tragic detentions at the time were in the thou- events that occurred at Camp Liberty in Iraq The recess having expired, the House sands, and some political prisoners who were are a sad and prominent reminder that the was called to order by the Speaker pro sentenced in connection with the events sur- mental health needs of our service men and tempore (Ms. RICHARDSON) at 5 o’clock rounding June 4, 1989, still languish in Chi- women are simply not being met. and 7 minutes p.m. nese prisons; I have co-sponsored H. Res. 471 not only to Whereas there are Chinese citizens still f express my sympathy, but because I know imprisoned for ‘‘counter-revolutionary’’ of- that such a tragedy could have been avoided. COMMEMORATING 20TH ANNIVER- fenses allegedly committed during the 1989 demonstrations, even though, according to A month ago, 46 of my colleagues in the SARY OF THE TIANANMEN the 1997 revision of China’s Criminal Law, House and I sent a letter to Chairman MURTHA SQUARE SUPPRESSION the ‘‘offenses’’ for which they were convicted and Ranking Member YOUNG of the defense Mr. LEVIN. Madam Speaker, I move are no longer crimes; appropriations subcommittee, supporting Sec- to suspend the rules and agree to the Whereas the Tiananmen Mothers is a group retary Gates’ recommendations to increase of relatives and friends of those killed in resolution (H. Res. 489) recognizing the June 1989 whose demands include the right mental health funding in the FY10 DOD budg- twentieth anniversary of the suppres- et by $300 million. to mourn victims publicly, to call for a full sion of protesters and citizens in and and public accounting of the wounded and I hold fast to this request and hope that this around Tiananmen Square in Beijing, dead, and the release of those who remain increase will contribute to an increase in men- People’s Republic of China, on June 3 imprisoned for participating in the 1989 pro- tal health professionals to treat the invisible and 4, 1989 and expressing sympathy to tests; wounds of our men and women in uniform. the families of those killed, tortured, Whereas members of the Tiananmen Moth- Mental Health screenings should be con- and imprisoned in connection with the ers group have faced arrest, harassment and fidential, mandatory and comfortable for those discrimination; the group’s Web site is democracy protests in Tiananmen blocked in China; and international cash do- who have witnessed the unimaginable on the Square and other parts of China on battlefield. H.R. 1308, The Veterans Mental nations made to the group to support fami- June 3 and 4, 1989 and thereafter. lies of victims reportedly have been frozen Health Screenings and Assessments Act, The Clerk read the title of the resolu- by Chinese authorities; which I have introduced with my colleague, tion. Whereas Chinese authorities censor infor- Congressman TOM ROONEY aims to do just The text of the resolution is as fol- mation that does not conform to the official this by eliminating the stigma of mental treat- lows: version of events surrounding the ment through mandating screenings for all re- Tiananmen crackdown, and limits or pro- H. RES. 489 turning service men and women. hibits information about the Tiananmen Again, my heart goes out to the families of Whereas freedom of expression and assem- crackdown from appearing in textbooks in bly are fundamental human rights that be- the victims of the Camp Liberty shootings. We, China; long to all people, and are recognized as such Whereas Chinese authorities continue to in the Congress, must act to ensure that such under the Universal Declaration of Human suppress peaceful dissent by harassing, de- a tragedy does not happen again. Rights and the International Covenant on taining, or imprisoning advocates for demo- Through granting Secretary Gates’ request Civil and Political Rights; cratic processes, journalists, advocates for and enacting H.R. 1308, we will ensure that Whereas June 4th, 2009, marks the 20th an- worker rights, religious believers, and other the victims of the awful Camp Liberty tragedy niversary of the day in 1989 when the Peo- individuals in China, including in Xinjiang will not be forgotten and hopefully, prevent ple’s Liberation Army and other security and in Tibet, who seek to express their polit- such catastrophes from occurring in the future. forces finished carrying out the orders of ical dissent, ethnic identity, or religious Ms. FALLIN. Madam Speaker, I yield Chinese leaders to use lethal force to dis- views peacefully and freely; and perse demonstrators in and around Beijing’s back the balance of my time. Whereas Chinese authorities continue to Tiananmen Square; harass and detain advocates for democratic Mr. KRATOVIL. Madam Speaker, I Whereas the death on April 15, 1989, of Hu processes, such as Mr. Liu Xiaobo, a yield back the balance of my time. Yaobang, former General Secretary of the Tiananmen Square protester, prominent in- The SPEAKER pro tempore. The Communist Party of China, was followed by tellectual, dissident writer, and more re- question is on the motion offered by peaceful protests calling for the elimination cently a signer of Charter 08 (a call for the gentleman from Maryland (Mr. of corruption, acceleration of economic and peaceful political reform and respect for the KRATOVIL) that the House suspend the political reforms, especially freedom of ex- rule of law published on-line in December rules and agree to the resolution, H. pression and freedom of assembly; and call- 2008 by over 300 citizens, and subsequently ing for a dialogue between protesters and Res. 471, as amended. endorsed by thousands more), who remains Chinese authorities on these issues; under house arrest: Now, therefore, be it The question was taken. Whereas by early May 1989, citizens advo- Resolved, That the House of Representa- The SPEAKER pro tempore. In the cating publicly for democratic reform across tives— opinion of the Chair, two-thirds being China included not only students, but also (1) expresses sympathy to the families of in the affirmative, the ayes have it. government employees, journalists, workers, those killed, tortured, and imprisoned as a

VerDate Nov 24 2008 03:13 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.056 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6041 result of their participation in the democ- sion and freedom of assembly are fun- counting of the events of June 4, 1989, racy protests in Tiananmen Square and else- damental human rights that belong to and to express support for those advo- where in China on June 3 and 4, 1989, and all people and are recognized as such cating for accountable and democratic thereafter, and to all those persons who have under the Universal Declaration of governance in China. suffered for their peaceful efforts to keep that struggle alive during the last two dec- Human Rights and the International In closing, let me note that two decades; Covenant on Civil and Political Rights. ades ago, the Chinese people stood up (2) calls on the People’s Republic of China In the last 20 years since Tiananmen at Tiananmen, but China’s leaders or- to invite full and independent investigations Square, the significance of the U.S.- dered them to stand down. Many defied into the Tiananmen Square crackdown, as- China relationship has grown dramati- that order, choosing instead to remain sisted by the United Nations High Commis- cally on a variety of foreign policy faithful to their aspirations. The world sioner for Human Rights and the Inter- issues and on our economic relation- took note, and we today preserve that national Committee of the Red Cross; ships. In pursuing these relations suc- memory for history. (3) calls on the legal authorities of People’s cessfully, a key challenge has been to Republic of China to review immediately the I reserve the balance of my time. cases of those still imprisoned for partici- find the right combination of pursuit of The Chairman of the committee will pating in the 1989 protests for compliance basic American values. That was a take over the remainder of the time. I with internationally recognized standards of challenge in consideration of trade re- salute him, if I might, for his work and fairness and due process in judicial pro- lations with China in its accession to that of the ranking member on the ceedings, and to release those individuals the WTO. There was incorporated in committee and all of those who joined imprisoned solely for peacefully exercising the legislation before Congress in 2000 in supporting this resolution. their internationally-recognized rights; the creation of the Congressional-Exec- The SPEAKER pro tempore. Without (4) calls on the People’s Republic of China utive Commission on China to pursue to end its harassment and detention of and objection, the gentleman from Cali- its discrimination against those who were in- issues relating to human rights, includ- fornia will control the remainder of the volved in the 1989 protests not only in Bei- ing labor rights and the rule of law. time. jing, but in other parts of China where pro- The commission has actively engaged There was no objection. on these issues and has issued a com- tests took place, and to end its harassment b 1715 and detention of those who continue to advo- prehensive report every year since its cate peacefully for political reform such as inception. Mr. POE of Texas. Madam Speaker, I Mr. Liu Xiaobo, a signer of Charter 08 who When peaceful protesters gathered in yield myself such time as I may con- remains under house arrest, and his wife, Liu Beijing’s Tiananmen Square and in sume. Xia; over 100 other Chinese cities, it rep- Madam Speaker, I rise in very strong (5) calls on the People’s Republic of China support of this resolution ‘‘recognizing to allow protest participants who escaped to resented a burst of freedom. They or are living in exile in the United States called for the elimination of corruption the 20th anniversary of the suppression and other countries, or who reside outside of and the acceleration of economic and of protesters and citizens in and around China because they have been ‘‘blacklisted’’ political reforms, especially freedom of Tiananmen Square in Beijing, People’s in China as a result of their peaceful protest expression and freedom of assembly. Republic of China, on June 3 and 4, activity, to return to China without risk of These protesters included not only stu- 1989.’’ The words ‘‘Tiananmen’’ mean retribution or repercussion; and dents but also government employees, ‘‘Gate of Heavenly Peace.’’ Sadly, how- (6) calls on the Administration and Mem- journalists, workers, police and mem- ever, the events of that dark night 20 bers of the Congress to mark the 20th Anni- years ago were anything but heavenly versary of the events at Tiananmen Square bers of China’s armed forces. People appropriately and effectively by taking steps peacefully filled the square until thou- or peaceful. that includes— sands of armed forces moved in, sur- It was during that dark night that (A) meeting whenever and wherever pos- rounding the demonstrators. On June 4, the hopes of a generation for a new and sible with participants in the demonstra- 1989, soldiers fired directly into the democratic China were cruelly tions who are living in the United States; crowds outside of Tiananmen Square, smashed along with the papier-mache (B) meeting with others outside of China killing and injuring unarmed civilians. and wire statue of the Goddess of De- who have been ‘‘blacklisted’’ in China as a The exact number of the dead and mocracy, built with youthful idealism result of their peaceful protest activities; by art students in Tiananmen Square. (C) signaling support for those in China wounded remains unknown. The who demand an accounting of the events sur- wounded are estimated to have num- It was during that dark night that a rounding June 4th, 1989; and bered at least in the hundreds. Deten- single, brave figure in the picture seen (D) expressing support for those advocating tions at the time were in the thou- around the world stood in silent defi- for accountable and democratic governance sands. Some political prisoners still ance of army tanks as they rolled to- in China. languish in Chinese prisons. ward the square. The SPEAKER pro tempore. Pursu- We today express our sympathy to It was during that dark night that ant to the rule, the gentleman from the relatives and friends of those killed the people of China watched in horror Michigan (Mr. LEVIN) and the gen- and injured on that day, and we stand as their own so-called ‘‘People’s Army’’ tleman from Texas (Mr. POE) each will with them as we honor the memory of turned assault weapons and bayonets control 20 minutes. those whose lives were lost and those on their own people, who reportedly The Chair recognizes the gentleman who continue to suffer today. Let us be ranged in age from 9 years old to 61 from Michigan. absolutely clear: this resolution asks years old, all of whom were partici- GENERAL LEAVE nothing of China that is inconsistent pating in a peaceful demonstration. Mr. LEVIN. Madam Speaker, I ask with commitments to international It was during that dark night that unanimous consent that all Members standards to which China, in principle, the blood of student martyrs stained a may have 5 legislative days to revise has already agreed. We ask of China’s square where a previous generation of and extend their remarks and include leaders full and independent investiga- students had petitioned the rulers of extraneous material on the resolution tions into the Tiananmen Square China for democracy during the May 4 under consideration. crackdown with a full commitment to movement in 1919. The SPEAKER pro tempore. Is there openness, and we call on Chinese au- It was during that dark night that objection to the request of the gen- thorities to release those individuals the pain began for the Tiananmen tleman from Michigan? imprisoned solely for peacefully exer- Mothers who, through two decades of There was no objection. cising their internationally recognized harassment and intimidation, have dis- Mr. LEVIN. Madam Speaker, I rise in rights. We call on Chinese authorities played the courage to keep their dead strong support of this resolution. I now to end the harassment and detention of children’s hopes alive and their dreams yield myself as much time as I may those who were involved in the 1989 alive of liberty. consume. protests and to end the harassment and It would be easy to forget that night This resolution recognizes the 20th detention of those who continue to ad- of the long knives. It would be easy to anniversary of the suppression of Chi- vocate peacefully for political reform. look at the glittering business towers nese protesters and citizens in I encourage my colleagues to support rising above an increasingly prosperous Tiananmen Square. Freedom of expres- those in China who demand an ac- China and say that is in the past and

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.041 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6042 CONGRESSIONAL RECORD — HOUSE June 2, 2009 that it is over. That would be the easy it about any other country in the RECORD. And I will submit their names thing to do, Madam Speaker. But that world. and the description of their situation would not be the right thing to do. Today we come together to support a into the RECORD. A rising China is increasingly taking resolution on the floor of the House of Before I read them all, I want to talk its place on the international stage. Representatives recognizing that 20th particularly about Liu Xiaobo. Liu But it is a rising China that has no anniversary of the Tiananmen Square Xiaobo is one of those individuals who moral compass. That compass was lost massacre. Again, I thank my col- spoke for freedom. He spent 5 years in in that dark night in Tiananmen leagues for bringing this legislation to prison and in reeducation-through- Square when they murdered their own the floor. labor camps for supporting the people, mostly students. Twenty years ago, a generation ago, Tiananmen students and for ques- Now, two decades later, a time for thousands, millions of Chinese stu- tioning the one-party system. Late last truth and a time for truth telling is dents, workers, and citizens assembled year, he was again arrested for being overdue. That is why this resolution in Tiananmen Square and all of the one of the organizers of the Charter ’08, calls on the Chinese authorities to in- streets leading to it and from it to an online public petition for democracy vite full and independent investiga- bravely speak out. It was about pro- and the rule of law. About 5,000 people tions into the Tiananmen Square moting more freedom in China in terms signed it. Imagine the courage of these crackdown, assisted by the United Na- of accountability of the government in people to sign such a petition. Liu con- tions High Commissioner for Human ending corruption. It was about, again, tinues to be held without charges. We Rights and the International Com- more transparency and the ability to call for his immediate and uncondi- mittee of the Red Cross. speak and to assemble. It was about tional release. A famous saying goes that ‘‘Those the aspirations of people in a country Let me read the name of Dr. Wang who forget their past are destined to that they love and their desire to have Bingzhang. He is very famous. There repeat it.’’ Neither China nor the world dialogue with their leaders on the fu- was an article in the paper yesterday could stand a repeat of that horrific ture of China. about him. Hu Jia, Shi Tao, Chen tragedy of the Tiananmen Square Mas- It will be forever seared in our mem- Guangcheng, Gao Zhisheng, Yan sacre. ory what happened next. The People’s Zhengxue, Pastor Zhang Rongliang, It is time to honor the dead, express Liberation Army, the People’s Army Bangri Chogtrul Rinpoche, and profound sympathy to the surviving was used against the people, crushing Ronggyal Adrag are being held. Some family members, and to seek a full and demonstrators in Tiananmen Square of these are from Tibet as well. There honest accounting of the shocking and crushing dissent throughout China. are others, but I want to submit these events that occurred two decades ago And so again, Tiananmen Square is the names for the RECORD as they are rep- this week before that gate which is place where many people assembled, resentative of the situation. meant to symbolize heavenly peace. but the demonstrations were beyond I just had the privilege of visiting I urge my colleagues to strongly sup- that and well into Beijing and across China last week. We had magnificent port this resolution, and I reserve the the country. hospitality from the Chinese Govern- balance of my time. We remember, again, one of the most ment, and I am grateful for the oppor- Mr. BERMAN. Madam Speaker, I’m enduring images which actually hap- tunity they gave us to hear about their very honored to yield 1 minute to the pened after the crush, after the order plans for climate change and issues of Speaker of the House. For those of us was given to clear Tiananmen Square global concern. It also afforded me the who were in this Chamber at the time by such and such a time on June 4. A opportunity to speak about human of the Tiananmen Square movement 20 day or two later, a brave man stood be- rights in China and Tibet and congres- years ago, we all remember that there fore the tank. One of the most endur- sional concern about it to the Presi- was no one more passionate or elo- ing images of the 20th century will for- dent, the Premier and the Chairman of quent on the aspirations of those stu- ever be seared again in the conscience the National People’s Congress. In dents and more outraged by the dash- of the world, the picture of the lone terms of our dialogue, congressional ing of those aspirations, whether the man standing before the tank in the and interparliamentary dialogue, I people at the square or of the Chinese street bringing a line of tanks to a think it was clear from our visit that people generally or the thousands of halt. When the tanks moved, he moved. this concern is bipartisan, and any dia- Chinese students who were studying in He even climbed on the tank to com- logue we had between our two con- the United States at that time and municate to the person in charge of the gresses would have to include a discus- watching that happen, than Leader tank that Beijing was their city and sion of human rights. PELOSI. they did not want tanks overtaking it. When we were there, the first meet- I am pleased to yield 1 minute to the Today that spirit of Tiananmen lives in ing we had was with Bishop Jin of Speaker of the House. the hearts and minds of those con- Shanghai to discuss the status of reli- Ms. PELOSI. I thank the gentleman tinuing to work for freedom in China gious freedom in China. He was opti- for yielding. and beyond. The heroes had the cour- mistic about the Catholics that he led And I thank him and SANDER LEVIN age to speak out for freedom. in Shanghai having some more freedom and Congresswoman ILEANA ROS- There will be other observances of and making progress in that regard. LEHTINEN for bringing this legislation the Berlin Wall coming down through- And I respect that. But that is not the to the floor. I associate myself with the out Europe in the next weeks and case for all who wish to exercise their comments of Mr. POE and my friend, months. And actually, while the Chi- religious freedom in China. And again, Mr. WOLF. We have been working on nese students, workers, and demonstra- China is a country of contradictions. this issue for a very long time in our tors used the Goddess of Democracy as You see progress here and you see op- task force on China ever since I think the symbol in Tiananmen Square, in- pression there. Perhaps it is how re- even before Tiananmen. spired by our Founders, they, in turn, gions deal with these issues. But the Human rights in China is a very, very inspired others throughout Europe and fact is that much more needs to be important issue. China is a very impor- the rest of the world to speak out for done in terms of religious freedom. tant country. The relationship between freedom, and they did achieve freedom. I mentioned that we had submitted our two countries is very important Unfortunately, the Chinese did not. this letter to the Chinese Government. economically, security-wise, cul- Some of the people arrested at the When we were in Hong Kong we met turally, and in every way. But the size time of Tiananmen Square are still in with Han Dongfang. Mr. WOLF, you of the economy, the size of the coun- prison. We really don’t have all of their know him. Han Dongfang was in try, and the size of the relationship names, but we do have the names of Tiananmen Square as a bus driver at doesn’t mean that we shouldn’t speak some prisoners of conscience that I the time, and he gave us his view about out. I have said that if we don’t speak brought to the attention of the Chinese what was happening and what opportu- out about our concerns regarding Government. In a letter to the Presi- nities that could be there. human rights in China and Tibet, then dent of China, I included some of those, It is something that is not taught to we lose all moral authority to discuss and I want to read them into the children. What we learned is that some

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.062 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6043 students in Beijing University did not ward to working with you on a positive out- and began a campaign of harassment against have any idea of who the man before come on these cases and for the welfare of Gao, his family, and associates. Authorities the tank was. They didn’t have any these individuals. Thank you for your con- abducted Gao on August 15, 2006 and con- idea. They could not relate to that. It sideration of this request. victed him on December 22 of ‘‘inciting sub- Sincerely, version of state power’’ and subject to a was not part of their knowledge. It NANCY PELOSI, three-year sentence, suspended for five didn’t trigger anything that they had Speaker of the House. years. After Gao sent an open letter to the heard about in China. That is pretty KEY PRISONERS IN CHINA WHO SHOULD BE U.S. Congress in September 2007, he was remarkable. But the fact is that the RELEASED—SUBMITTED MAY 27, 2009 taken away by the police for over 50 days, and tortured. Gao disappeared again on Jan- world will never forget, and that image Liu Xiaobo was detained and transported uary 19, 2009. His current whereabouts are is one that inspires those who aspire to to an undisclosed location in December 2008 freedom wherever it is in the world. unknown. without any legal proceeding. He was one of Yan Zhengxue, a 63-year old writer and I do believe that all countries of the the original signers of Charter 08 that calls painter, was detained on October 18, 2006, world have to get to a place of more for new policies to improve human rights during a police raid on his home in the openness, more transparency and more and democracy in China. Liu is reportedly Jiaojiang district of Taizhou city, Zhejiang accountability of government. And per- under residential surveillance at a location province. The Taizhou People’s Intermediate haps the issue we visited the Chinese outside of his residence, in violation of Chi- Court convicted him on April 13, 2007, of in- about, climate change, is one that can na’s Criminal Procedure law. It is my under- citing subversion and sentenced him to three standing that he has not been allowed to open some doors. Environmental jus- years in prison after he attended a con- meet with his lawyer or family except for ference in the U.S. several years earlier and tice can help people have clean air and one brief visit with his wife. Under Chinese published on the Internet three articles crit- clean water and get answers from their law, a person under residential surveillance ical of the Chinese government. Yang’s cell government as to why they do not have does not need permission to meet with his mate reportedly attacked him, causing head it. lawyer. injuries. Yang’s family is concerned about Today, on this floor, and this week Dr. Wang Bingzhang was abducted by Chi- his diminishing physical and mental health we are observing something that is sa- nese authorities in Vietnam in June 2002 and due to harsh treatment in prison. cred ground when we talk about human brought to China. He was then convicted and Pastor Zhang Rongliang is a Christian sentenced to life imprisonment in solitary rights in the world. It is a remarkable leader who was detained in Zhengzhou city, confinement in a trial that produced no evi- Henan province, in December 2004 and sen- occurrence that will continue to in- dence or witnesses to prove the charges tenced in June 2006 to seven years and six spire people throughout the world and against him. Dr. Wang is an internationally months in prison. Authorities charged him also inspire those in China who hope recognized pro-democracy activist and the with ‘‘fraudulently obtaining border-exit for and aspire to freedom. UN Working Group on Arbitrary Detention documents’’ and illegally crossing the border Mr. Lantos, our late colleague, intro- found that Wang’s detention is arbitrary. Dr. in an effort to attend missions conferences. duced me to the Dalai Lama and the Wang is a permanent resident of the United He had been beaten, detained, and harassed a issue of human rights in China and States and his sister and daughter are U.S. number of times since his conversion to Tibet. He was always saying to me, citizens. He is currently held in Beijiang Christianity in 1969. He is reportedly in poor Prison in Shaoguan, Guangdong province, health and suffering from diabetes. ‘‘don’t be discouraged; the fight for and suffers from phlebitis and has had three Bangri Chogtrul Rinpoche, a lama who human rights is a long one.’’ But who major strokes. At minimum, he should be re- lived as a householder, was convicted of in- would have thought that 20 years after leased on medical parole. citing splittism and sentenced to life impris- Tiananmen Square we would be observ- Hu Jia was detained in December 2007 and onment in September 2000. He and his wife ing this, that people would still be im- sentenced to 3.5 years in prison in March managed a children’s home in Lhasa. The prisoned and that we would be submit- 2008. The decision to take him into custody Lhasa Intermediate People’s Court com- seems to have been made after leaders in muted his sentence from life imprisonment ting names of people who want to be to a fixed term of 19 years in July 2003, and able to speak more freely, to assemble several Chinese provinces issued a manifesto demanding broader land rights for peasants then reduced his sentence by an additional and have more accountability from whose property had been confiscated for de- year in November 2005. He is serving his sen- their government? velopment. Hu pleaded not guilty on charges tence, which will be complete on July 30, For this and many other reasons, I’m of ‘‘inciting subversion of state power’’ at his 2021, in Qushui Prison near Lhasa. He suffers grateful to our colleagues for their trial. from heart disease and gall stones. leadership in bringing this legislation Shi Tao is a Chinese journalist serving a Ronggyal Adrag, a nomad, climbed onto a to the floor. Thank you for that oppor- ten-year prison sentence for sending an stage at a horse-racing festival in Litang county, Sichuan province, on August 1, 2007, tunity. email description of a government order prohibiting Chinese media from recognizing the and shouted slogans calling for the Dalai And with that, Madam Speaker, I Lama’s return to Tibet, the release of Gedun want to submit, in full, my letter and fifteenth anniversary of the Tiananmen Square protests to a New York-based democ- Choekyi Nyima (the Panchen Lama identi- the list of prisoners. This is important racy website. Shi Tao was convicted with fied by the Dalai Lama), freedom of religion, because they say the worst form of email account information provided by and Tibetan independence. The Ganzi Inter- punishment for someone who is a polit- Yahoo! China. His lawyer, Guo Guoting, was mediate People’s Court sentenced him on No- ical prisoner is to say that no one re- repeatedly harassed in an effort to prevent vember 20, 2007, to eight year’s imprisonment members that you are here. No one re- him from representing Shi Tao. for inciting splittism. members why you are here. So think Chen Guangcheng, a self-trained legal ad- b 1730 vocate who tried in June 2005 to investigate about that as you are in prison. Mr. POE of Texas. Madam Speaker, I Well, we want them to know that in reports that officials in Linyi city, Shandong province, had subjected thousands of people yield 5 minutes to the gentleman from the Congress of the United States, we to forced abortions, beatings, and compul- Virginia, (Mr. WOLF), the ranking do know about them, we do care about sory sterilization in order to meet popu- member of the Appropriations Sub- them, and that we will continue to call lation control targets. Although central gov- committee on Commerce, Justice and for their freedom. ernment officials agreed that the officials Science, and also, he’s the co-chair of MAY 27, 2009. used illegal means, authorities rejected the the Tom Lantos Congressional Human Hon. HU JINTAO, class-action lawsuit Chen tried to file. Chen was tried on August 24, 2006, and sentenced Rights Commission. President, Mr. WOLF. I thank the gentleman. I People’s Republic of China. to four years and three months for ‘‘inten- DEAR PRESIDENT HU: I am writing to ask tional destruction of property’’ and ‘‘gath- also want to thank the chairman and for your assistance in obtaining the release ering people to disturb traffic order.’’ Chen, the ranking member and the Speaker of certain individuals detained or imprisoned who is blind, has reportedly been severely for their efforts to bring this important in China. It is my understanding that these beaten in jail and has gone on a hunger resolution to the floor. individuals are prisoners of conscience and strike to protest the beatings. He is serving Twenty years after peaceful pro-de- they are detained or imprisoned for exer- his sentence in Linyi Prison. mocracy demonstrators gathered in cising rights that are guaranteed to them Gao Zhisheng, founder of a Beijing law Tiananmen Square and were brutally under Chinese law or under international firm, has represented numerous activists, re- crushed, the human rights situation in ligious leaders, and writers. On October 18, human rights conventions that have been China remains bleak. Not only does the signed or ratified by the Chinese govern- 2005, Gao wrote an open letter to Hu Jintao ment. and Wen Jiabao, exposing widespread torture government consistently silence dis- Attached is a list of selected prisoners and against Falun Gong practitioners. On No- sent, repress religious believers and sti- brief descriptions of their cases. I look for- vember 4, officials shut down his law firm fle opposition, but it is in the business

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.063 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6044 CONGRESSIONAL RECORD — HOUSE June 2, 2009 of actively rewriting history, almost Couldn’t he have made a statement praying here in the United States and like the communist government did in about it? Couldn’t he have done some- around the West for the fall, the fall of Russia. thing about it? And the answer? He did the Chinese Government, whereby Today’s Washington Post features an nothing about it. Perhaps if he’s there will be freedom, the government op-ed, which I’d like to submit for the caught up or wherever he is in Beijing will be changed and the people of RECORD, which opens with an exchange today he will correct the record and at China, the good people of China, and that the author, Dan Southerland, had least say something. they are good people. with a Chinese student a couple of Our own economic reality has effec- The SPEAKER pro tempore. The years ago. Southerland, chief of the tively silenced our voice, a tragic loss time of the gentleman has again ex- Washington Post’s Beijing Bureau in for all those political dissidents who pired. the late Eighties, references his time languish in the Chinese laogai, those Mr. POE of Texas. I yield the gen- as a reporter in Beijing on the now in- house church Christians who worship tleman an additional minute. famous June 4, 1989. secretly in their homes, the Tibetans— Mr. WOLF. The good people of China He writes, ‘‘but it soon became clear and I’ve been to Tibet. They have plun- will be able to live in freedom, and that June 4 meant nothing to her,’’ a dered Tibet. The Uyghurs who are there can be a rally in Tiananmen student. ‘‘Chinese censors have man- being persecuted, the Muslims who are Square, a prayer meeting in aged to erase all mention of that trag- being persecuted by the Chinese Gov- Tiananmen Square, where millions can edy from the country’s textbooks and ernment. come from every denomination and state-run media.’’ And the Catholic Church. There are worship in peace and have freedom and The human rights situation in China 34 bishops in jail today in the Catholic justice and democracy. is made worse by America’s diminished Church, and yet no one speaks out on So we must remember, remember commitment to raise these issues and behalf of the Catholic Church. those who suffer. They are the heroes be a voice for the voiceless. I’m sad- And lastly, the Falun Gong who have for China. And we will see this govern- dened to say today that this has been suffered so much. ment change and we will see, in my true of successive administrations of Since my first trip to China in 1991 lifetime, freedom in China. both political parties. with my good friend, Congressman [From the Washington Post, June 2, 2009] In her first trip to the region, Sec- SMITH, the human rights situation has TIANANMEN: DAYS TO REMEMBER retary of State Clinton failed to make gotten worse, despite promises to the (By Dan Southerland) even a cursory public mention of contrary during the debate to grant Two years ago I met a Chinese student who human rights, saying that, ‘‘those China most favored nation status. One was entering graduate school in the United issues can’t interfere with economic, of the worst votes that this institution States. I told her I had been in Beijing dur- security or environmental matters.’’ has ever cast was to give this evil em- ing ‘‘6–4,’’ the Chinese shorthand for the Now, why would the Secretary of pire, if you will, in China the most fa- massacre of June 4, 1989. State say that? A Washington Post edi- vored nation trading status. ‘‘What are you talking about?’’ she asked. torial following her trip and similarly It was during this trip that we visited At first I thought she might not have understood my Chinese, but it soon became dismissive comments on human rights Beijing Prison Number One. Chinese clear that ‘‘June 4’’ meant nothing to her. I in Egypt said that Secretary Clinton authorities informed us that approxi- probably shouldn’t have been surprised. is, quote the Washington Post, and I mately 40 Tiananmen Square pro- In the 20 years since that day in 1989 when thank them for this editorial, ‘‘sending testers were in prison. Our requests to Chinese troops opened fire on unarmed civil- a message to rulers around the world visit the demonstrators were denied. ians near Tiananmen Square, Chinese cen- that their abuses won’t be taken seri- But instead, we found some demonstra- sors have managed to erase all mention of ously by this U.S. administration.’’ tors making socks for export to the that tragedy from the country’s textbooks Nor were they taken seriously in the and state-run media. United States whereby they were work- But for me, Tiananmen is impossible to waning days of the last administration. ing on free and cheap labor to sell forget. As Beijing bureau chief for The Post, Congressman SMITH and I traveled to things to the United States. I covered the student demonstrations that Beijing last July, just 1 month prior to The SPEAKER pro tempore. The began in mid-April, tried to track a murky the commencement of the 2008 Olym- time of the gentleman has expired. power struggle among top Chinese leaders pics. We brought with us a list of over Mr. POE of Texas. I yield the gen- and managed a small team of young, Chi- 700 political prisoners to present to tleman an additional 1 minute. nese-speaking American reporters. Ambassador Li, the current chairman Mr. WOLF. Unbelievably, 20 years What I remember best was the sudden after Tiananmen, our own State De- openness of many Beijing citizens of all proof the Foreign Affairs Committee in fessions. They were inspired by throngs of the National People’s Congress, and partment Human Rights Report indi- students calling for political reform, media pressed for the release of all political cates that the Chinese Government freedom and an end to ‘‘official profit- prisoners in China. still has not provided a comprehen- eering.’’ One night during our trip we were sible, credible accounting of all those People I believed to be Communist Party scheduled to meet with several human killed, missing or detained in connec- supporters were suddenly telling me what rights lawyers for dinner. All but one tion with the violent suppression of the they really thought. Some who had been si- person scheduled to meet us was de- 1989 demonstration. lent in the past even debated politics on street corners. tained or otherwise prevented from at- But Tiananmen is not simply a com- In early May, Chinese journalists peti- tending by the Chinese security forces. memoration of a past event. Dozens of tioned for the right to report openly on the The one activist with whom we were people are still believed to be impris- Tiananmen protests, which on May 17 able to meet was arrested later that oned in connection with the dem- swelled to more than a million people evening, and he and his family con- onstrating at Tiananmen, and millions marching in the capital. Journalists from all tinue to face harassment by security more Chinese citizens still hope for the the leading Chinese newspapers, including forces. Very little was done by the Em- end to their oppression. the People’s Daily, the mouthpiece of the bassy or the State Department in the In a Constitution Day speech, Presi- Communist Party, joined in. Their slogan was ‘‘Don’t force us to lie.’’ last administration when that took dent Ronald Reagan described the For a brief period, Chinese journalists were place. Silence was their response, basi- United States Constitution as ‘‘a cov- allowed to report objectively on the student cally, to this problem. enant we have made, not only with protests. But this press freedom was short- Now we see just this week, news re- ourselves, but with all of mankind.’’ lived and ended May 20 with the imposition ports indicate that Treasury Secretary In closing, Madam Speaker, we have of martial law and the entry of the People’s Geithner desperately sought to assure an obligation to keep the covenant. Liberation Army into Beijing. China, our biggest creditor, that their And I continue to pray, as many people At first, Beijing residents manning make- billions of dollars in U.S. government prayed during the days of the evil em- shift barriers blocked the troops. But late on the evening of June 3, tanks, armored per- debt were not a liability. pire in the Soviet Union, pray for the sonnel carriers and soldiers firing automatic Why didn’t Geithner at least raise fall, the collapse of the Chinese, of the weapons broke through to the square. the issue of human rights? Couldn’t he Russian Government, and the collapse The death toll quickly became a taboo sub- have just said something about it? of the Wall, many and millions are ject for Chinese media.

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.064 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6045 Chinese doctors and nurses who had openly And I especially want to thank the And even before Tiananmen, another sided with students on the square, and who Speaker of the House, NANCY PELOSI, brave man, Mr. Wang Youcai, was ac- had allowed reporters into operating rooms for insisting that we keep alive the tive in the Chinese democracy move- to view the wounded, came under pressure to memory of Tiananmen Square. ment. In 1989 he was the Secretary- conceal casualty figures. One brave doctor at a hospital not far from Madam Speaker, 1989 was a tumul- General of the Beijing Higher Edu- Tiananmen Square led me and a colleague to tuous year. It was the year Solidarity cation Students Autonomous Union in a makeshift morgue, where we saw some 20 won the elections in Poland, the year the Tiananmen Square protest. A grad- bullet-riddled bodies laid out on a cement the people of Germany tore down the uate student at Peking University, he floor. I later learned that the doctor was Berlin Wall, and the year six Jesuit was arrested in 1989 and sentenced in ‘‘disciplined’’ for allowing us to view that priests were murdered by the Salva- 1991 to 4 years in prison for counter- scene. doran military. A Chinese journalist I considered a friend revolutionary propaganda and incite- And in May and June of 1989, it was ment. He was paroled in 1991, following tried to convince me that government esti- the year when the people of China mates of fewer than 300 killed were correct a visit by then-Secretary of State, and that these included a large number of spontaneously came together calling James Baker. military and police casualties. I later for political and economic reforms. In 1998, Wang and a group of fellow learned from colleagues of his that this jour- Students, journalists, workers, govern- Chinese citizens tried to officially reg- nalist was working for state security. ment employees, police, and even mem- ister the China Democracy Party, but After comparing notes with others, my bers of the Armed Forces, nonviolently it was banned by the Chinese Govern- guess was that the actual death toll was at raised their voices and asked their gov- least 700, and that most of those killed were ment. And in December of 1998, Wang ernment, the Chinese Government, to was sentenced to 11 years in prison for ordinary Beijing residents. listen to the people and engage in di- It’s almost incredible that the Chinese gov- subversion. He was released in 2004, due rect dialogue on how to reform the na- ernment has succeeded for so long in cov- to U.S. and international pressure, and tion. ering up a tragedy of this magnitude. sent into exile. But for those who closely monitor the con- Because the largest gathering was in tinued repression of civil liberties in China— the largest main square of China, He has since lived in the United and the government’s stranglehold on news Tiananmen Square in Beijing, this mo- States, studying at Harvard and the deemed ‘‘sensitive’’—it’s not surprising. ment in history is known as University of Illinois, and he continues Chinese authorities continue to intimidate Tiananmen Square. to be a member of the Chinese Democ- reporters, block Web sites and jam broad- After an internal struggle, the Chi- racy Party and firmly believes that the casts of outside news organizations. China is nese authorities decided they did not transition to constitutional democracy the world’s leading jailer of journalists and will occur in China. cyber-dissidents. want to talk directly with their people. Chinese youths are among the most Web- Instead, they chose to respond with These are just two of the millions of savvy in the world. But Chinese search en- brute force that forever links the words stories surrounding the events known gines, chat and blog applications, as well as ‘‘Tiananmen Square’’ with the brutal as Tiananmen Square. And I would like Internet service providers, are equipped with quelling of democracy, dissent and to take a moment to remember the filters that block out certain keywords in- human aspiration. hundreds, perhaps thousands who were corporated in a blacklist that is continually Earlier today the Tom Lantos murdered in Tiananmen Square or updated. China’s censorship is multipronged, some- Human Rights Commission held a hear- later imprisoned or sent into exile. And times heavy-handed and sometimes sophisti- ing entitled, ‘‘20 years After the Crack- I want to remember the families and cated, allowing debate on some issues and down: Tiananmen Square and Human friends and the colleagues of those who shutting it down on others, such as Rights in China.’’ And I would like to died and those who survived. Tiananmen. briefly describe just two of the individ- Madam Speaker, I will enter into the Censors hold online service providers and uals who testified before the Commis- RECORD articles by Dr. Jianli Yang and Internet cafe owners responsible for the con- sion. Mr. Ha Jin, both of whom live in Mas- tent that users read and post. A small Mr. Fang Zheng was leaving blogging service will usually err on the side sachusetts, and have recently pub- of caution rather than lose its license be- Tiananmen Square in the early morn- lished reflections on Tiananmen cause of a debate about June 4. ing of June 4, 1989, along with other Square. Dr. Jianli was a student in Lines that cannot be crossed shift from student protesters in an orderly re- Tiananmen, and Mr. Ha, a member of time to time, leaving citizens uncertain and treat. He suddenly realized that a mili- the People’s Liberation Army and a therefore prone to self-censorship. tary tank was approaching them from student in the United States. The good news is that the blackout isn’t behind. Sensing the imminent danger, complete. We know from Radio Free Asia’s This week there will be a number of he used all his strength to push a fe- events on Capitol Hill and around call-in shows that some younger Chinese male student out of the tank’s path. In know just enough about Tiananmen to want Washington to remember Tiananmen to learn more. doing so, both his legs were crushed by Square. I encourage my House col- I work with several Chinese broadcasters the tank’s rolling treads. leagues, congressional staff and House Fang Zheng has continued to live in who were students in Beijing on June 4. employees to take advantage of this China. He has refused to cooperate Many of them saw more than I did. And they opportunity and hear from firsthand are here to remind me—and many Chinese— with the government in its effort to eyewitnesses like U.S. journalists. of a history we should never forget. cover up the truth of his lost legs and Mr. BERMAN. Madam Speaker, I am the massacre that took place. For the The SPEAKER pro tempore. The very pleased to yield 5 minutes to the past 20 years he’s been harassed and time of the gentleman has expired. chair, or co-chair, of the Tom Lantos closely monitored by the police. Mr. BERMAN. I am pleased to yield Human Rights Caucus, an outspoken Always an excellent athlete, he ex- the gentleman an additional 30 sec- advocate for human rights internation- celled at sports, even after his legs onds. ally and domestically, the gentleman were amputated. He won two gold med- Mr. MCGOVERN. They will be able to from Massachusetts (Mr. MCGOVERN). als and broke two Chinese national hear from firsthand eyewitnesses like Mr. MCGOVERN. Madam Speaker, I records at the 1992 All-China Disabled U.S. journalists speaking at the want to thank the gentleman from Athletic Games. And in 1994 he was for- Newseum on reporting live from California (Mr. BERMAN), the chair of bidden to participate in the Far East Tiananmen Square, watching the docu- the Foreign Affairs Committee, for his and South Pacific Region Games, and mentary ‘‘Tank Man’’ in the Congres- leadership on this issue and for his ad- last year he was banned from com- sional Visitor Center, celebrating vocacy of human rights. peting in the 2008 Special Olympics around a replica of the Goddess of De- And I also want to thank my good held in Beijing. mocracy Statue on the west lawn of friend, Congressman SANDER LEVIN, for With the help of the mothers of the Capitol, or attending other hear- introducing this resolution. Tiananmen Square and other brave ings and events. I want to thank Congressmen FRANK Chinese who keep alive the memory of The Chinese Government wants not WOLF and CHRIS SMITH for their dedica- Tiananmen Square inside China, Fang only the Chinese people but the world tion to promoting human rights in Zheng is here in Washington to remem- to forget Tiananmen Square. It is up to China. ber the 20th anniversary. each of us to keep the memory alive.

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.032 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6046 CONGRESSIONAL RECORD — HOUSE June 2, 2009 [From the New York Times, May 31, 2009] June 4, 1989. In one bold, violent stroke, the with public debate emerging on difficult EXILED TO ENGLISH one-party regime, teetering on the verge of questions from ethnic relations, to foreign collapse, found reprieve. Zhao’s vision of a affairs, to government corruption, to HIV/ (By Ha Jin) more moderate democratic future, one me- AIDS and the environment. In other words, BOSTON.—I was in the People’s Liberation ticulously documented in his recently re- China would have embarked on a peaceful Army in the 1970s, and we soldiers had al- leased memoirs, vanished from the scene, its transition to democracy. A democratic ways been instructed that our principal task author put under house arrest. China—one that followed Zhao’s model— was to serve and protect the people. So when There could hardly be a better time for would have prospered economically, too. the Chinese military turned on the students Prisoner of the State: The Secret Journal of Instead, today China feels the con- in Tiananmen Square, it shocked me so Premier Zhao Ziyang to be published, as the sequences of rejecting this path of reform. much that for weeks I was in a daze. memoirs will be in both English and Chinese The same corruption that motivated the op- At the time, I was in the United States, this week. Early June marks the 20th anni- position 20 years ago is today an open sore finishing a dissertation in American lit- versary of Tiananmen Square—a memory on the face of Chinese society. Eighty per- erature. My plan was to go back to China that will certainly remind China of the cent of China’s wealth is thought to be con- once it was done. I had a teaching job wait- democratic ideals left behind in tragedy. trolled by the top 10 percent of party offi- ing for me at Shandong University. Reading Zhao’s account, I—and no doubt cials. And it’s visible. Corruption distorts After the crackdown, some friends assured other readers—cannot help but imagine what every aspect of Chinese society, from the me that the Communist Party would admit China would be like today if Zhao had pre- shoddy workmanship of the elementary its mistake within a year. I couldn’t see why vailed in June 1989. What if the dissenters schools that collapsed during last year’s they were so optimistic. I also thought it who stood firmly before the government in earthquake (while the homes of party offi- would be foolish to wait passively for histor- Tiananmen Square had gained Zhao as a cials stood firm) to the summary displace- ical change. I had to find my own existence, powerful ally to their cause? Would China ment of more than 300,000 Beijing citizens in separate from the state power in China. have devolved into political chaos? Or would the name of ‘‘beautification’’ to prepare for That was when I started to think about it be a robust democracy, steeped in cultural the 2008 Olympics. No wonder, then, that cor- staying in America and writing exclusively freedoms, social justice, and economic vi- ruption is still the largest source of alien- in English, even if China was my only sub- brancy? In seeking to answer that question ation between the CCP and the population. ject, even if Chinese was my native tongue. about the past, we can learn much about the Endemic corruption is the grievance cited in It took me almost a year to decide to follow present: a China that in terms of its political an estimated 100,000 major protests each the road of Conrad and Nabokov and write in system and tendency toward year in China. a language that was not my own. I knew I authoritarianism has evolved little since To the outside world, Chinese society has might fail. I was also aware that I was for- 1989, and yet has become both the United prospered. But internally, it has atrophied going an opportunity: the Chinese language States’ second-largest trading partner and morally and socially. China maintains its had been so polluted by revolutionary move- its most significant competitor. competitive edge through a base exploitation ments and political jargon that there was Looking back at the crucial moment in of its workers, who labor without rights or great room for improvement. 1989, it is first important to keep in mind avenues of recourse. Even the most advanced Yet if I wrote in Chinese, my audience how easily things might have turned in a dif- free market economies find it hard to com- would be in China and I would therefore have ferent direction. China’s movement toward pete. The Chinese government becomes rich, to publish there and be at the mercy of its democracy in 1989 was not as far-fetched as but ordinary people do not. The average Chi- censorship. To preserve the integrity of my it might seem today. In fact, support for the nese citizen contributes less to the country’s work, I had no choice but to write in democratic movement was so great that it GDP today than he or she did in 1988. English. caused an unprecedented split within the One of the most famous slogans for China’s To some Chinese, my choice of English is a CCP leadership. A quarter or even a third of reforms has been to ‘‘cross the river by feel- kind of betrayal. But loyalty is a two-way the officials in Beijing joined the protesters. ing stones.’’ Surely, Deng Xiaoping meant to street. I feel I have been betrayed by China, Most of the rest were sympathetic toward infer a gradual notion of change. Instead, the which has suppressed its people and made ar- the students. The degree of dissatisfaction metaphor today mockingly describes a soci- tistic freedom unavailable. I have tried to within the party was very high, and many ety at odds with itself, lacking direction to write honestly about China and preserve its agreed with the protesters that the CCP had support its ever-looming one party struc- real history. As a result, most of my work lost any pretense of being a ‘‘people’s’’ party ture. The contradiction will not easily go cannot be published in China. and had become a self-serving elite. away—and will likely flare again, just as it I cannot leave behind June 4, 1989, the day That disillusionment came from a series of did two decades ago. Zhao Ziyang foresaw that set me on this solitary path. The mem- market-oriented reforms begun a decade ear- this perpetual confrontation years ago, argu- ory of the bloodshed still rankles, and work- lier, in 1978. Although the changes produced ing that unless the Chinese government moved toward real democratic reform ‘‘it ing in this language has been a struggle. But rapid economic growth, they also led to con- will be impossible to resolve the abnormal I remind myself that both Conrad and tradictions: opening the economy negated the moral authority of the Communist revo- conditions in China’s market economy.’’ Nabokov suffered intensely for choosing They were prophetic words, indeed. Today, lution and unleashed unbridled corruption in English—and that literature can transcend even as China’s leadership has moved further its place. The 1989 democracy movement had language. If my work is good and significant, from Zhao’s vision, the Tiananmen ideals two slogans. One was ‘‘Freedom and democ- it should be valuable to the Chinese. never left the political dialogue. More than racy,’’ and the other was ‘‘No official busi- at any time in the last two decades, people ness dealings, no corruption.’’ After [From Foreign Policy, May 2009] might just be willing to protest to bring Tiananmen Square protesters were quashed AN ALTERNATIVE HISTORY OF CHINA those ideals back again. Until then, we are and their government sympathizers, like left to confront the equally predictive words (By Jianli Yang) Zhao, sidelined, corruption blossomed just as The memoirs of Zhao Ziyang provide in- of the Soviet-era dissident, Andrei Sakharov: much as China’s GDP (the fastest-growing ‘‘The world community cannot rely on a gov- sight into what China would be like today if among developed states over the last 25 the 1989 democracy movement had prevailed. ernment that does not rely on its own peo- years) has. ple.’’ ‘‘We must establish that [the] final goal of It didn’t have to be this way. If the democ- political reform is the realization of this ad- racy movement had succeeded, the CCP Mr. POE of Texas. Madam Speaker, I vanced political system. If we don’t move to- would likely still be the ruling party. But its yield 5 minutes to the gentleman from wards this goal, it will be impossible to re- policies and goals would have evolved more California (Mr. ROHRABACHER), ranking solve the abnormal conditions in China’s democratically under Zhao’s leadership. In member of the Foreign Affairs Sub- market economy.’’ the last chapter of his memoirs, the former committee on International Organiza- One of the most sincere advocates for an general-secretary of CCP praises the Western tions, Human Rights and Oversight. ‘‘advanced political system’’ in China—a sys- system of parliamentary democracy and says Mr. ROHRABACHER. Madam Speak- tem that included an independent judiciary, it is the only way for China to address cor- er, June 4 marks the 20th anniversary freedom of the press, and the right of citi- ruption and inequality. He would no doubt zens to organize (in a word, democracy)—was have led the country down this path. of the massacre of the Chinese democ- not a disenchanted dissident or an armchair Zhao’s reforms, one might imagine, would racy movement at Tiananmen Square academic. Writing at the most unlikely of have proceeded at a purposeful but amenable in Beijing. This date marks a turning times, the man was Zhao Ziyang, secretary pace, beginning with an opening of partial point, and it also marks a day of shame general of the Chinese Communist Party freedoms of assembly and demonstration. for the bloody murder, a murder that (CCP). Zhao was toppled in 1989 after trying Student organizations would have become was committed by the Communist to peacefully negotiate with student dem- lawful, eventually precipitating a lift on the party bosses when they sent Chinese onstrators—like myself—in Tiananmen ban on political parties. The press would Square. His fall paved the way for hard-lin- likewise feel a weight lifted, and the coun- troops to slaughter the idealistic Chi- ers, under the leadership of CCP official try’s National People’s Congress would have nese people who were demanding de- Deng Xiaoping, to crush the demonstrations become more than a rubber-stamp assembly. mocracy in Tiananmen Square at this with soldiers and tanks on the morning of Public participation would have followed, time just 20 years ago.

VerDate Nov 24 2008 03:13 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.033 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6047 This day the government of China af- make short-term profits by making I was there by myself, but the square firmed to the world that it is a crimi- deals with the gangsters who have op- was packed. Once again, it was packed nal enterprise that is perfectly willing pressed the people of China, there are with a lot of people, with a lot of stu- to murder unarmed people in order to Americans here who still hold true to dents. I was well-received by those stu- stay in power. the values of Jefferson, of Wash- dents. They wanted to talk to me. ington—of our Founding Fathers—and They were very friendly, and they were b 1745 that there are Americans who still hold friendly to me for the sole reason that Shame on those Communist Party true to those values that liberty and I was an American. Otherwise, they did bosses who still 20 years after justice for all is more important than not know me at all. Tiananmen Square would still mas- short-term profit gains for American While talking to some of the students sacre advocates of democracy if they capitalists. who weren’t afraid to talk to me be- would gather in their streets, just as Mr. BERMAN. Madam Speaker, let cause of the authorities that were they would massacre Falun Gong mem- me first ask you how much time I may nearby, one of them whispered to me in bers one at a time as they would arrest consume. perfect English that we want what you them, put them into prison, murder The SPEAKER pro tempore. The gen- have in America. Of course, he was them, and would sell their body parts, tleman from California has 8 minutes speaking of that word ‘‘liberty.’’ Down just as they would murder Tibetan na- remaining. in the soul of every person on Earth, I tionalists or Christians or other reli- Mr. BERMAN. Madam Speaker, I believe, is that spirit that the good gious believers. Shame on Beijing. yield myself such time as I may con- Lord gives us for freedom. I think we Shame on the people of the world who sume. are made that way. We are made that would treat the Government of Beijing First of all, I would like to thank my way in this country, but we are made as if it were the same as a democratic good friend, Representative SANDY that way throughout the world, and government. LEVIN of Michigan, for his leadership as those students in China are made that June 4 is not just a day of shame for the chief sponsor of this resolution and way as well for they seek and hope to the Beijing regime, however. It is a day as the co-Chair of the Congressional- obtain the word ‘‘liberty.’’ of shame for our government as well. Executive Commission on China. The rulers in China need to release Under President Reagan, we made it First and foremost, I would like to the Tiananmen Square students. China clear that the United States would con- express my sympathy to the families of should show the world that they are no tinue providing credit, investment, those killed, tortured and imprisoned longer going to continue to murder beneficial trade arrangements, and as a result of their participation in the their own people who peaceably dis- technology transfer as long as China democracy protests in Tiananmen agree with the government. was willing to continue on the path of Square and in other parts of China 20 In Beijing, not only is there reform and on the path of making their years ago this week. Tiananmen Square, but also nearby is The world must not forget the hor- society more open. Reagan, had he the Forbidden City. The Forbidden rendous events which occurred that been confronted with Tiananmen City got its name because it was a fateful day when the Chinese Army was Square, would have sent a message: if walled fortress where the emperors for ordered to clear the square, using le- you send the troops in to massacre thousands of years would live and rule thal force against its own citizens. these people, the deal is off. You will the massive country of China, but they Hundreds of unarmed civilians were pay a price. forbade the people to come into the killed or injured. The Chinese Govern- Do you know what our government Forbidden City. The Forbidden City ment detained thousands of Chinese did? It wasn’t President Reagan. It was still exists in a mentality way in China citizens in connection with the pro- President Herbert Walker Bush. Do you for the City of Beijing still forbids its tests. Many of them still languish know what his message said? It said own people the freedom to speak as today in Chinese prisons. they wish, the freedom to assemble, nothing because he didn’t send a mes- Even after 20 years, the precise num- sage, and that was the message the and it forbids the freedom of the people ber of dead, wounded, and detained re- to disagree with their government in a murderers in Beijing needed to hear. mains unclear. Chinese authorities still America really doesn’t give a damn peaceful way. censor information that does not con- In the name of liberty and in the about democracy. America doesn’t care form to its official version of events name of freedom in which we believe, about human rights. We care about surrounding the Tiananmen massacre. we have an obligation here in the making a buck, and if you have to The government also limits or bans in- United States to speak out against the slaughter the people at Tiananmen formation about the crackdown from acts of terror that the Chinese Govern- Square, the Americans will never ever appearing in Chinese textbooks. ment imposes on their own people. We protest; they won’t whisper a protest; How can China claim its place as a need to remember the dark nights of they won’t cancel contracts, because major global power if the government June 1989. We need to light a candle to money is more important to the Amer- refuses to address the Tiananmen pro- bring openness and transparency to the icans than freedom. tests in an honest and candid way? How acts that the Chinese Government Well, I’m afraid that did not rep- can China develop into a modern soci- committed on its own students. resent the America that I’m all about. ety if its own citizens are prevented And that’s just the way it is. That immorality of siding with a dicta- from knowing their own history? Mr. SMITH of New Jersey. Madam Speaker, torship, of siding with the gangsters, of This resolution calls on the Chinese I would like to thank, Mr. LEVIN for introducing siding with the murderers in order to Government to initiate a full inves- this important resolution commemorating the make a short-term profit—that pol- tigation into the crackdown, to review 20th anniversary of the brutal suppression of icy—is coming back to haunt us now. the cases of those still imprisoned for innocent men, women and children in China. That policy has created a monster in participating in the protests and to end Twenty years ago, in May 1989, hundreds Beijing—a powerful, powerful force for its harassment and discrimination of thousands of demonstrators gathered on evil in this world that we now must against those who were involved. Fi- Tiananmen Square and elsewhere in China to confront. nally, this resolution recognizes those express their desire for peaceful democratic Today marks an anniversary—an an- Chinese citizens who have suffered for reform. In the face of these massive dem- niversary of shame on those who com- their efforts to keep the struggle for onstrations the Chinese Communist Party mitted the murders, an anniversary of democracy alive during the last two hesitated. There were apparently some decent shame on what our reaction was to decades. men and women in the party’s leadership, who those murders and to the repression I urge my colleagues to support this had begun to understand what a tragedy that took place 20 years ago. resolution. Communist rule has been for the Chinese Let us send a message to the people I reserve the balance of my time. people, countless millions of whose lives had of China: We are on their side. Hope- Mr. POE of Texas. I yield myself such been destroyed by its famines and cultural fully, if nothing else, this resolution time as I may consume. revolutions and totalitarian social controls. will let them know that, as our people Madam Speaker, in 1992, I had the op- But we know what happened. Jiang Zemin stumble over themselves in trying to portunity to go to Tiananmen Square. [JANG ZUH-MEEN] pushed the reformers

VerDate Nov 24 2008 04:10 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K02JN7.066 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6048 CONGRESSIONAL RECORD — HOUSE June 2, 2009 aside, cleared Tiananmen Square with tanks, noble human rights attorney Gao Zhisheng they have been doing the opposite. President and shot to death thousands of peaceful dem- has been subjected to excruciating torture that Obama has not shown much interest in onstrators. continues today. We must raise our voice on human rights. In our policies towards Cuba, In December of 1996 here in Washington, at his behalf—and for others like him. Venezuela, Iran, and Russia, to name a few the invitation of President Bill Clinton, General Earlier this year, Secretary of State Hillary countries, human rights has been dramatically Chi Haotian, the Defense Minister of the Peo- Clinton said she wouldn’t let China’s shame- downgraded, and everyone understands this. ple’s Republic of China, the general who was less human rights record ‘‘interfere’’ with other And Secretary Clinton has effectively taken the operational commander of the soldiers issues including and especially China’s pur- human rights off the U.S. agenda with the Chi- who slaughtered pro-democracy demonstra- chase of U.S. treasury securities to finance nese Government, telling the global media that tors in and around Tiananmen Square in June America’s debt. Wittingly or not, that kind of concern for the protection of human rights of of 1989, said, ‘‘Not a single person lost his life attitude enables abuse and torture. the Chinese people can’t be allowed to ‘‘inter- in Tiananmen Square.’’ In the early 1990s, Congressman FRANK fere’’ with the economic crisis, climate change, According to General Chi, the Chinese Army WOLF and I visited Beijing Prison Number 1, a and security—as if human rights were discon- did nothing more violent than, and I quote him, bleak gulag where 40 Tiananmen Square pris- nected and irrelevant to those issues. ‘‘pushing of people.’’ oners were being unjustly detained. We saw And so, Madam Speaker, it is all the more General Chi not only met with Mr. Clinton in firsthand the price paid by brave and tena- important that the House of Representatives the White House but was accorded full military cious individuals for peacefully petitioning their pass this resolution, and by doing so: honors, including a 19-gun salute and visits to government for freedom. And it was not pretty. express sympathy to the families of those military bases. Rather than getting the red car- They looked like the walking skeletons of who suffered so terribly as a result of the Chi- pet, General Chi should have been held to ac- Auschwitz. nese Government’s actions 20 years ago, and count for his crimes against humanity. Despite the hopes and expectations of our solidarity with those who continue to suffer To counter the big lie, I quickly put together some that robust trade with China would usher human rights abuses at the hands of Chinese and chaired a hearing of eyewitnesses to the in at least a modicum of respect for human Government officials; Tiananmen Square massacre, including sev- rights and fundamental liberties, the simple call for a full and independent investigation eral Chinese, a former editor of the People’s fact of the matter is that the dictatorship in into what occurred during the Tiananmen Daily, and Time Magazine’s Beijing bureau China oppresses, tortures and mistreats mil- Square suppression; call on the Chinese Government to release chief. lions of its own citizens. all those, including those who participated in I also invited General Chi or anyone else to Moreover, China is the land of the one- the Tiananmen Square demonstrations, who testify before our committee from the govern- child-per-couple policy, a barbaric policy that are wrongfully imprisoned in violation of their ment of China. They were no-shows, although makes brothers and sisters illegal. Forced abortion, force sterilization and ruinous fines human rights; and I left a chair for them. call on the Administration to take aggressive One of our witnesses, a man by the name are routinely deployed to ensure compliance with this Draconian and utterly cruel family action in support of China’s human rights de- of Xuecan Wu, the former editor of the Peo- fenders. ple’s Daily, was singled out by Li Peng for planning policy. The criminal slaughter of Tiananmen has Mr. DREIER. Madam Speaker, this week, punishment and got 4 years in prison for trying had terrible and lasting consequences for the on June 3 and 4, we will mark the 20th anni- to tell the truth to his readers in Beijing. Chinese people, and for the world. China had versary of the tragic events at Tiananmen Mr. Wu called General Chi’s lie about no reached a turning point, and failed to turn. Square in Beijing in 1989. I remember very one being killed ‘‘shameless’’ and told my sub- Twenty years later, it still has not turned. vividly the terrible images of tanks rolling committee that he personally saw at least, and The Chinese people still live under a one- through the square. At the time, I happened to I quote him here, ‘‘at least 30 carts carrying party government that ruthlessly represses be in Krakow, Poland as an election observer dead and wounded people.’’ dissenters and democratic activists, that con- for Poland’s first free elections. As we Eyewitness Jian-Ki Yang, Vice President of trols all news media and blocks and censors watched the television coverage from Soli- the Alliance for a Democratic China, testified, the Internet. The Communist party still en- darity Headquarters, we did not know the con- and I quote, ‘‘I saw trucks of soldiers who got forces a one-child policy that makes brothers text or the details of the event that was unfold- out and started firing automatic weapons at and sisters illegal, and regularly conducts ing before us. We didn’t know what we were the people. Each time they fired the weapons, campaigns of forced abortion. It still per- witnessing, and speculated that it was stock three or four people were hit, and each time secutes religious believers, and it has stepped footage meant to intimidate the Polish people the crowd went down to the ground. We were up its campaign of cultural genocide in from voting the next morning. there for about an hour and a half. I saw 13 Xinjiang [SHIN JANG] and Tibet. Of course, the reality of what had happened people killed. We saw four tanks coming from The men and women who rule China today soon became clear: a brutal crackdown on the square, and they were going very fast at are the prote´ge´s of the criminals of Chinese supporters of democracy. Twenty a very high speed. The two tanks in front were Tiananmen, and, in order to claim legitimacy, years later, on the occasion of this anniver- chasing students.’’ do everything they can to suppress the facts sary, we should take the opportunity not only He went on to say, ‘‘They ran over the stu- about Tiananmen. Last summer FRANK WOLF to remember the victims of that terrible event, dents. Everyone was screaming. We counted and I walked across Tiananmen Square—offi- but to assess both the path that China has 11 bodies.’’ cials searched us before we entered the since followed and our bilateral relationship. Time Magazine’s David Aikman, another square, and squads of police surrounded us We know well that China has a very long eyewitness said, and I quote, ‘‘Children were while we were on it, terrified we might hold up way to go in eradicating human rights abuses. killed holding hands with their mothers. A 9- a simple sign or banner. Later, we tried to look Unlawful and politically motivated year-old boy was shot seven or eight times in up ‘‘Tiananmen Square’’ on the tightly-con- imprisonments, ethnic persecution and restric- the back, and his parents placed the corpse trolled Chinese Internet. Of course, mere mentions on free speech rank highest among the on a truck and drove through the streets of tion of the slaughter has been removed from abuses that persist. But that is only part of northwest Beijing on Sunday morning. ‘This is the Chinese Internet. As noted in the resolu- China’s story in the past two decades. Hun- what the government has done,’ the distraught tion before us, the Chinese authorities censor dreds of millions of Chinese people have also mother kept telling crowds of passersby any effort to inform the public about what oc- been lifted out of poverty because of eco- through a makeshift speaker system.’’ curred in June 1989. nomic reforms, and today have a far better Madam Speaker, 20 years after Tiananmen I also want to say that our government has quality of life than ever before. Chinese civil Square, the Chinese government perpetuates not done enough to support the Chinese peo- society has developed, government trans- General Chi’s Orwellian fabrication that no one ple. And our failure has been a defining event parency has improved and a number of key died. In truth, thousands died and approxi- for our own foreign policy, also with terrible human rights laws have been passed. Of mately 7,000 were wounded. consequences for the world. course, laws aren’t worth the paper they are Twenty years after Tiananmen Square, an The Chinese Communist Party, and dic- printed on if they are not enforced, but that untold number of democracy activists remain tators around the world, drew the conclusion only highlights the need to develop legal insti- incarcerated for peacefully advocating human that America’s talk of human rights was just tutions and a professional, independent judici- rights. To be jailed by the Chinese, as we all hot air, that the only interests that really matter ary that can enforce the laws that have been know, means torture, humiliation, and severe to us are financial. passed. deprivations. The ugly spirit of the Tiananmen Our government has a duty to speak up All of this paints a mixed picture—but one Square Massacre continues. The brave and more on human rights in China. Unfortunately, that is slowly improving. In China’s 5,000-year

VerDate Nov 24 2008 04:14 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\A02JN7.037 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6049 history, no period has seen more rapid and REPORT ON RESOLUTION PRO- The vote was taken by electronic de- dramatic change than the last 20 years. The VIDING FOR CONSIDERATION OF vice, and there were—yeas 392, nays 1, pace of progress may seem glacial by Amer- H.R. 31, LUMBEE RECOGNITION not voting 40, as follows: ican standards; but in the Chinese context, ACT, AND PROVIDING FOR CON- [Roll No. 292] this is important progress that must be contin- SIDERATION OF H.R. 1385, YEAS—392 ued. It is also important to recognize that this THOMASINA E. JORDAN INDIAN Abercrombie Davis (IL) Kildee progress has been made possible through TRIBES OF VIRGINIA FEDERAL Ackerman Davis (KY) Kilpatrick (MI) U.S. engagement. By working with the Chi- RECOGNITION ACT OF 2009 Aderholt Davis (TN) Kilroy nese and encouraging economic and political Adler (NJ) Deal (GA) Kind Mr. HASTINGS of Florida, from the Akin DeFazio King (IA) reform, on a bilateral and multilateral basis, Committee on Rules, submitted a priv- Alexander DeGette King (NY) we have been able to ensure that the move ileged report (Rept. No. 111–131) on the Altmire DeLauro Kingston toward greater freedom and accountability Andrews Dent Kirk resolution (H. Res. 490) providing for Arcuri Diaz-Balart, L. Kirkpatrick (AZ) continues. By bringing China into the WTO consideration of the bill (H.R. 31) to Austria Diaz-Balart, M. Kissell and other multilateral institutions, we have provide for the recognition of the Baca Dicks Klein (FL) bound the Chinese to a rules-based system Lumbee Tribe of North Carolina, and Bachmann Dingell Kline (MN) where the rule of law is the only arbiter. Bachus Doggett Kosmas for other purposes, and providing for Baird Donnelly (IN) Kratovil Looking down the road, we see that the Chi- consideration of the bill (H.R. 1385) to Baldwin Dreier Kucinich nese government has a very long way to go extend Federal recognition to the Barrow Driehaus Lamborn Bartlett Duncan Lance indeed before it has the moral authority that Chickahominy Indian Tribe, the Chick- Barton (TX) Edwards (MD) Langevin only comes from being of the people, by the ahominy Indian Tribe—Eastern Divi- Bean Edwards (TX) Larsen (WA) people and for the people. But we also cannot sion, the Upper Mattaponi Tribe, the Becerra Ehlers Larson (CT) lose sight of the road behind us, the progress Rappahannock Tribe, Inc., the Mona- Berkley Ellison Latham Berman Ellsworth LaTourette that has already been made. Any improve- can Indian Nation, and the Nansemond Biggert Emerson Latta ment in the quality of life of the Chinese peo- Indian Tribe, which was referred to the Bilbray Eshoo Lee (CA) ple since 1989 is due in large part to engage- House Calendar and ordered to be Bilirakis Fallin Lee (NY) Bishop (GA) Farr Levin ment with the American people. If we are to printed. Bishop (NY) Fattah Lewis (CA) ensure that progress does not stop until every f Bishop (UT) Filner Lewis (GA) Chinese person is free and the rule of law pre- Blackburn Flake Linder vails, we must continue to engage, encourage APPOINTMENT OF MEMBERS TO Blumenauer Fleming LoBiondo Blunt Forbes Loebsack and hold China accountable. HOUSE COMMISSION ON CON- GRESSIONAL MAILING STAND- Boccieri Fortenberry Lofgren, Zoe Mr. POE of Texas. I yield back. Boehner Foster Lowey ARDS Mr. BERMAN. Madam Speaker, if the Bonner Foxx Lucas The SPEAKER pro tempore. Pursu- Bono Mack Frank (MA) Luetkemeyer gentleman has yielded back the bal- Boozman Frelinghuysen Luja´ n ance of his time, I will yield back the ant to 2 U.S.C. 501(b), and the order of Boren Fudge Lummis balance of my time. the House of January 6, 2009, the Chair Boswell Gallegly Lungren, Daniel announces the Speaker’s appointment Boucher Garrett (NJ) E. The SPEAKER pro tempore. The Boustany Gerlach Lynch of the following Members of the House question is on the motion offered by Boyd Giffords Mack to the House Commission on Congres- the gentleman from Michigan (Mr. Brady (PA) Gingrey (GA) Maffei sional Mailing Standards: Brady (TX) Gohmert Manzullo LEVIN) that the House suspend the Mr. DANIEL E. LUNGREN, California Braley (IA) Gonzalez Marchant rules and agree to the resolution, H. Bright Goodlatte Markey (CO) Mr. PRICE, Georgia Res. 489. Brown (SC) Gordon (TN) Markey (MA) Mr. MCCARTHY, California Brown-Waite, Granger Marshall The question was taken. f Ginny Graves Massa The SPEAKER pro tempore. In the Buchanan Grayson Matheson Burgess Green, Al Matsui opinion of the Chair, two-thirds being ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burton (IN) Green, Gene McCarthy (CA) in the affirmative, the ayes have it. Butterfield Grijalva McCarthy (NY) Mr. BERMAN. Madam Speaker, on The SPEAKER pro tempore. Pursu- Buyer Guthrie McCaul ant to clause 8 of rule XX, proceedings Calvert Gutierrez McClintock that I demand the yeas and nays. Camp Hall (NY) McCotter will resume on motions to suspend the The yeas and nays were ordered. Campbell Hall (TX) McDermott rules previously postponed. Cantor Halvorson McGovern The SPEAKER pro tempore. Pursu- Votes will be taken in the following Cao Hare McHenry ant to clause 8 of rule XX and the order: Capito Harman McHugh Chair’s prior announcement, further Capps Hastings (FL) McIntyre House Resolution 421, Capuano Hastings (WA) McKeon proceedings on this motion will be House Joint Resolution 40, and Cardoza Heinrich McMorris postponed. House Resolution 489, in each case by Carnahan Heller Rodgers Carney Hensarling McNerney the yeas and nays. Carson (IN) Herger Meek (FL) f The first electronic vote will be con- Carter Herseth Sandlin Melancon ducted as a 15-minute vote. Remaining Cassidy Higgins Mica RECESS electronic votes will be conducted as 5- Castle Hill Michaud Castor (FL) Himes Miller (FL) minute votes. The SPEAKER pro tempore. Pursu- Chaffetz Hinchey Miller (MI) f Chandler Hinojosa Miller (NC) ant to clause 12(a) of rule I, the Chair Childers Hirono Miller, Gary declares the House in recess subject to RECOGNIZING 75TH ANNIVERSARY Clay Hodes Miller, George the call of the Chair. OF GREAT SMOKY MOUNTAINS Cleaver Hoekstra Minnick NATIONAL PARK Clyburn Holden Mitchell Accordingly (at 5 o’clock and 55 min- Coffman (CO) Holt Mollohan utes p.m.), the House stood in recess The SPEAKER pro tempore. The un- Cohen Honda Moore (KS) subject to the call of the Chair. finished business is the vote on the mo- Cole Hoyer Moore (WI) Conaway Hunter Moran (KS) tion to suspend the rules and agree to Connolly (VA) Inglis Moran (VA) f the resolution, H. Res. 421, on which Cooper Inslee Murphy (CT) the yeas and nays were ordered. Costa Israel Murphy (NY) Costello Issa Murphy, Patrick b 1840 The Clerk read the title of the resolu- Courtney Jackson (IL) Murphy, Tim tion. Crenshaw Jenkins Murtha The SPEAKER pro tempore. The Crowley Johnson, E. B. Myrick AFTER RECESS question is on the motion offered by Cuellar Jones Nadler (NY) Culberson Jordan (OH) Napolitano The recess having expired, the House the gentlewoman from the Virgin Is- Cummings Kagen Neal (MA) was called to order by the Speaker pro lands (Mrs. CHRISTENSEN) that the Dahlkemper Kanjorski Neugebauer tempore (Mrs. TAUSCHER) at 6 o’clock House suspend the rules and agree to Davis (AL) Kaptur Nunes and 40 minutes p.m. the resolution, H. Res. 421. Davis (CA) Kennedy Nye

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.040 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6050 CONGRESSIONAL RECORD — HOUSE June 2, 2009 Oberstar Royce Taylor [Roll No. 293] Platts Schauer Thompson (CA) Obey Rush Teague Poe (TX) Schiff Thompson (MS) Olson Ryan (OH) Terry YEAS—385 Polis (CO) Schmidt Thompson (PA) Olver Ryan (WI) Pomeroy Schock Thornberry Thompson (CA) Abercrombie DeFazio Klein (FL) Ortiz Sa´ nchez, Linda Posey Schrader Tiahrt Thompson (MS) Ackerman DeGette Kline (MN) Pascrell T. Price (GA) Schwartz Tierney Thompson (PA) Aderholt DeLauro Kosmas Pastor (AZ) Sarbanes Price (NC) Scott (GA) Titus Thornberry Adler (NJ) Dent Kratovil Paul Scalise Putnam Scott (VA) Tonko Tiahrt Akin Diaz-Balart, L. Kucinich Paulsen Schakowsky Quigley Sensenbrenner Towns Tiberi Pence Schauer Alexander Diaz-Balart, M. Lamborn Radanovich Serrano Tsongas Tierney Perlmutter Schiff Altmire Dicks Lance Rahall Sessions Turner Titus Perriello Schmidt Andrews Dingell Langevin Rehberg Shadegg Upton Peterson Schock Tonko Arcuri Doggett Larsen (WA) Reichert Shea-Porter Van Hollen Petri Schrader Towns Austria Donnelly (IN) Larson (CT) Reyes Sherman Vela´ zquez Pingree (ME) Schwartz Tsongas Baca Dreier Latham Richardson Shimkus Visclosky Pitts Scott (GA) Turner Bachmann Driehaus LaTourette Rodriguez Simpson Walden Platts Scott (VA) Upton Bachus Duncan Latta Roe (TN) Sires Walz Poe (TX) Sensenbrenner Van Hollen Baird Edwards (MD) Lee (CA) Rogers (AL) Slaughter Wamp Polis (CO) Serrano Vela´ zquez Baldwin Edwards (TX) Lee (NY) Rogers (KY) Smith (NE) Wasserman Pomeroy Sessions Visclosky Barrow Ehlers Levin Rogers (MI) Smith (TX) Schultz Posey Shadegg Walden Bartlett Ellison Lewis (CA) Rohrabacher Smith (WA) Watson Barton (TX) Ellsworth Price (GA) Shea-Porter Walz Lewis (GA) Rooney Snyder Watt Bean Emerson Linder Price (NC) Sherman Wamp Roskam Souder Waxman Becerra Eshoo LoBiondo Putnam Shimkus Wasserman Ross Space Weiner Berkley Fallin Loebsack Quigley Shuster Schultz Roybal-Allard Spratt Welch Rahall Simpson Berman Farr Lofgren, Zoe Royce Stark Westmoreland Watson Berry Fattah Lowey Rangel Sires Watt Rush Stearns Wexler Rehberg Biggert Filner Luetkemeyer Skelton Waxman Ryan (OH) Stupak Whitfield Reichert Slaughter Bilbray Flake Luja´ n Ryan (WI) Sutton Wittman Weiner Reyes Smith (NE) Bilirakis Fleming Lungren, Daniel Sa´ nchez, Linda Tanner Wolf Welch Richardson Smith (TX) Bishop (GA) Forbes E. T. Tauscher Woolsey Rodriguez Smith (WA) Westmoreland Bishop (NY) Fortenberry Lynch Sarbanes Taylor Wu Roe (TN) Snyder Wexler Bishop (UT) Foster Mack Scalise Teague Young (AK) Rogers (AL) Souder Whitfield Blackburn Foxx Maffei Schakowsky Terry Young (FL) Rogers (KY) Space Wittman Blumenauer Frank (MA) Manzullo Rogers (MI) Spratt Wolf Blunt Frelinghuysen Marchant NOT VOTING—48 Boccieri Rohrabacher Stark Woolsey Fudge Markey (CO) Barrett (SC) Johnson (GA) Ruppersberger Boehner Gallegly Markey (MA) Rooney Stearns Wu Brady (TX) Johnson (IL) Salazar Bonner Garrett (NJ) Marshall Roskam Stupak Yarmuth Broun (GA) Johnson, Sam Sanchez, Loretta Bono Mack Ross Tanner Young (AK) Gerlach Massa Brown, Corrine Kirkpatrick (AZ) Boozman Sestak Roybal-Allard Tauscher Young (FL) Giffords Matheson Burgess Lipinski Boren Shuler Gingrey (GA) Matsui Coble Lucas NAYS—1 Boswell Shuster Gohmert McCarthy (CA) Conyers Lummis Boucher Skelton Berry Gonzalez McCarthy (NY) Delahunt Maloney Boustany Smith (NJ) Goodlatte McClintock Doyle McCaul NOT VOTING—40 Boyd Speier Gordon (TN) McCollum Engel McMahon Brady (PA) Sullivan Barrett (SC) Jackson-Lee Ros-Lehtinen Granger McCotter Etheridge Meeks (NY) Braley (IA) Tiberi Broun (GA) (TX) Rothman (NJ) Graves McDermott Franks (AZ) Pallone Bright Grayson McGovern Brown, Corrine Johnson (GA) Ruppersberger Griffith Payne Waters Brown (SC) Green, Al McHenry Clarke Johnson (IL) Salazar Harman Peters Wilson (OH) Brown-Waite, Green, Gene McHugh Coble Johnson, Sam Sanchez, Loretta Harper Rangel Wilson (SC) Ginny Lipinski Sestak Grijalva McIntyre Jackson-Lee Ros-Lehtinen Yarmuth Conyers Buchanan Maloney Shuler Guthrie McKeon (TX) Rothman (NJ) Delahunt Burton (IN) Gutierrez McMorris Doyle McCollum Smith (NJ) McMahon Speier Butterfield Hall (NY) Rodgers ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Engel Meeks (NY) Sullivan Buyer Hall (TX) McNerney Etheridge The SPEAKER pro tempore (during Pallone Sutton Calvert Halvorson Meek (FL) Franks (AZ) the vote). There are 2 minutes remain- Payne Waters Camp Hare Melancon Griffith Peters Wilson (OH) Campbell Hastings (FL) Mica ing on this vote. Harper Radanovich Wilson (SC) Cantor Hastings (WA) Michaud Cao Heinrich Miller (FL) b 1912 b 1905 Capito Heller Miller (MI) Capps Hensarling Miller (NC) So (two-thirds being in the affirma- So (two-thirds being in the affirma- Capuano Herger Miller, Gary tive) the rules were suspended and the tive) the rules were suspended and the Cardoza Herseth Sandlin Miller, George joint resolution, as amended, was resolution was agreed to. Carnahan Higgins Minnick passed. The result of the vote was announced Carney Hill Mitchell Carson (IN) Himes Mollohan The result of the vote was announced as above recorded. Carter Hinchey Moore (KS) as above recorded. A motion to reconsider was laid on Cassidy Hinojosa Moore (WI) A motion to reconsider was laid on the table. Castle Hirono Moran (KS) Castor (FL) Hodes Moran (VA) the table. f Chaffetz Hoekstra Murphy (CT) f NATIVE AMERICAN HERITAGE DAY Chandler Holden Murphy (NY) Childers Holt Murphy, Patrick COMMEMORATING THE 20TH ANNI- ACT OF 2009 Clarke Honda Murphy, Tim VERSARY OF THE TIANANMEN Clay Hoyer Murtha The SPEAKER pro tempore. The un- SQUARE SUPPRESSION finished business is the vote on the mo- Cleaver Hunter Myrick Clyburn Inglis Nadler (NY) The SPEAKER pro tempore. The un- tion to suspend the rules and pass the Coffman (CO) Inslee Napolitano joint resolution, H.J. Res. 40, as Cohen Israel Neal (MA) finished business is the vote on the mo- amended, on which the yeas and nays Cole Issa Neugebauer tion to suspend the rules and agree to Conaway Jackson (IL) Nunes the resolution, H. Res. 489, on which were ordered. Connolly (VA) Jenkins Nye The Clerk read the title of the joint Cooper Johnson, E. B. Oberstar the yeas and nays were ordered. resolution. Costa Jones Obey The Clerk read the title of the resolu- The SPEAKER pro tempore. The Costello Jordan (OH) Olson tion. Courtney Kagen Olver The SPEAKER pro tempore. The question is on the motion offered by Crenshaw Kanjorski Ortiz the gentlewoman from the Virgin Is- Crowley Kaptur Pascrell question is on the motion offered by lands (Mrs. CHRISTENSEN) that the Cuellar Kennedy Pastor (AZ) the gentleman from Michigan (Mr. House suspend the rules and pass the Culberson Kildee Paul LEVIN) that the House suspend the Cummings Kilpatrick (MI) Paulsen joint resolution, H.J. Res. 40, as Dahlkemper Kilroy Pence rules and agree to the resolution, H. amended. Davis (AL) Kind Perlmutter Res. 489. This will be a 5-minute vote. Davis (CA) King (IA) Perriello This will be a 5-minute vote. The vote was taken by electronic de- Davis (IL) King (NY) Peterson The vote was taken by electronic de- Davis (KY) Kingston Petri vice, and there were—yeas 385, nays 0, Davis (TN) Kirk Pingree (ME) vice, and there were—yeas 396, nays 1, not voting 48, as follows: Deal (GA) Kissell Pitts not voting 37, as follows:

VerDate Nov 24 2008 03:13 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.028 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6051 [Roll No. 294] Pence Sa´ nchez, Linda Teague H. Res. 489, recognizing the 20th anniver- Perlmutter T. Terry YEAS—396 Perriello Sarbanes Thompson (CA) sary of the brutal suppression of protesters Peters Scalise and citizens in and around Tiananmen Abercrombie Deal (GA) Kirk Thompson (MS) Peterson Schakowsky Ackerman DeFazio Kirkpatrick (AZ) Thompson (PA) Square. Petri Schauer Aderholt DeGette Kissell Thornberry Pingree (ME) Schiff f Adler (NJ) DeLauro Klein (FL) Tiahrt Pitts Schmidt Akin Dent Kline (MN) Tiberi NOTICE OF INTENTION TO OFFER Platts Schock Tierney Alexander Diaz-Balart, L. Kosmas Poe (TX) Schrader RESOLUTION RAISING A QUES- Altmire Diaz-Balart, M. Kratovil Titus Polis (CO) Schwartz Tonko TION OF THE PRIVILEGES OF Andrews Dicks Kucinich Pomeroy Scott (GA) Arcuri Dingell Lamborn Towns THE HOUSE Posey Scott (VA) Tsongas Austria Doggett Lance Price (GA) Sensenbrenner Mr. FLAKE. Madam Speaker, pursu- Baca Donnelly (IN) Langevin Turner Price (NC) Serrano Upton ant to clause 2(a)(1) of rule IX, I hereby Bachmann Dreier Larsen (WA) Putnam Sessions Van Hollen notify the House of my intention to Bachus Driehaus Larson (CT) Quigley Shadegg Vela´ zquez Baird Duncan Latham Radanovich Shea-Porter offer a resolution as a question of the Visclosky Baldwin Edwards (MD) LaTourette Rahall Sherman privileges of the House. Walden Barrow Edwards (TX) Latta Rangel Shimkus The form of my resolution is as fol- Bartlett Ehlers Lee (CA) Walz Rehberg Shuster lows: Barton (TX) Ellison Lee (NY) Reichert Simpson Wamp Bean Ellsworth Levin Reyes Sires Wasserman Whereas, The Hill reported that a promi- Becerra Emerson Lewis (CA) Richardson Skelton Schultz nent lobbying firm, founded by Mr. Paul Berkley Eshoo Lewis (GA) Rodriguez Slaughter Watson Magliocchetti and the subject of a ‘‘federal Watt Berman Fallin Linder Roe (TN) Smith (NE) investigation into potentially corrupt polit- Berry Farr LoBiondo Rogers (AL) Smith (TX) Waxman Biggert Fattah Loebsack Welch ical contributions,’’ has given $3.4 million in Rogers (KY) Smith (WA) political donations to no less than 284 mem- Bilbray Filner Lofgren, Zoe Rogers (MI) Snyder Westmoreland Bilirakis Flake Lowey Rohrabacher Souder Wexler bers of Congress. Bishop (GA) Fleming Lucas Rooney Space Whitfield Whereas, the New York Times noted that Bishop (NY) Forbes Luetkemeyer Roskam Spratt Wittman Mr. Magliocchetti ‘‘set up shop at the busy Bishop (UT) Fortenberry Luja´ n Ross Stark Wolf intersection between political fund-raising Blackburn Foster Lummis Roybal-Allard Stupak Woolsey and taxpayer spending, directing tens of mil- Blumenauer Foxx Lungren, Daniel Royce Sutton Wu Blunt Frank (MA) E. lions of dollars in contributions to law- Rush Tanner Yarmuth makers while steering hundreds of millions Boccieri Frelinghuysen Lynch Ryan (OH) Young (AK) Tauscher of dollars in earmarks contracts back to his Boehner Fudge Mack Ryan (WI) Taylor Young (FL) Bonner Gallegly Maffei clients.’’ Bono Mack Garrett (NJ) Maloney NAYS—1 Whereas, a guest columnist recently high- Boozman Gerlach Manzullo Paul lighted in Roll Call that ‘‘. . . what [the Boren Giffords Marchant firm’s] example reveals most clearly is the Boswell Gingrey (GA) Markey (CO) NOT VOTING—37 potentially corrupting link between cam- Boucher Gohmert Markey (MA) Barrett (SC) Jackson-Lee Salazar Boustany Gonzalez Marshall paign contributions and earmarks. Even the Broun (GA) (TX) Boyd Goodlatte Massa Sanchez, Loretta most ardent earmarkers should want to Brown, Corrine Johnson (GA) Brady (PA) Gordon (TN) Matheson Sestak avoid the appearance of such a pay-to-play Burgess Johnson (IL) Brady (TX) Granger Matsui Shuler system.’’ Coble Johnson, Sam Braley (IA) Graves McCarthy (CA) Smith (NJ) Whereas, multiple press reports have noted Conyers Lipinski Bright Grayson McCarthy (NY) Speier Delahunt McMahon questions related to campaign contributions Brown (SC) Green, Al McCaul Stearns Doyle Meeks (NY) made by or on behalf of the firm; including Brown-Waite, Green, Gene McClintock Sullivan Engel Pallone questions related to ‘‘straw man’’ contribu- Ginny Grijalva McCollum Waters Etheridge Payne Buchanan Guthrie McCotter Weiner tions, the reimbursement of employees for Franks (AZ) Ros-Lehtinen Burton (IN) Gutierrez McDermott Wilson (OH) political giving, pressure on clients to give, a Griffith Rothman (NJ) Butterfield Hall (NY) McGovern suspicious pattern of giving, and the timing Harper Ruppersberger Wilson (SC) Buyer Hall (TX) McHenry of donations relative to legislative activity. Calvert Halvorson McHugh ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Whereas, Roll Call has taken note of the Camp Hare McIntyre The SPEAKER pro tempore (during timing of contributions from employees of Campbell Harman McKeon the firm and its clients when it reported that Cantor Hastings (FL) McMorris the vote). There are less than 2 min- they ‘‘have provided thousands of dollars Cao Hastings (WA) Rodgers utes remaining on this vote. Capito Heinrich McNerney worth of campaign contributions to key Capps Heller Meek (FL) b 1921 Members in close proximity to legislative ac- Capuano Hensarling Melancon tivity, such as the deadline for earmark re- Cardoza Herger Mica So (two-thirds being in the affirma- quest letters or passage of a spending bill. Carnahan Herseth Sandlin Michaud tive) the rules were suspended and the Whereas, the Associated Press highlighted Carney Higgins Miller (FL) resolution was agreed to. the ‘‘huge amounts of political donations’’ Carson (IN) Hill Miller (MI) from the firm and its clients to select mem- Carter Himes Miller (NC) The result of the vote was announced bers and noted that ‘‘those political dona- Cassidy Hinchey Miller, Gary as above recorded. tions have followed a distinct pattern: The Castle Hinojosa Miller, George A motion to reconsider was laid on Castor (FL) Hirono Minnick giving is especially heavy in March, which is Chaffetz Hodes Mitchell the table. prime time for submitting written earmark Chandler Hoekstra Mollohan f requests.’’ Childers Holden Moore (KS) Whereas, clients of the firm received at Clarke Holt Moore (WI) PERSONAL EXPLANATION least three hundred million dollars worth of Clay Honda Moran (KS) earmarks in fiscal year 2009 appropriations Cleaver Hoyer Moran (VA) Mr. BROUN of Georgia. Madam Speaker, legislation, including several that were ap- Clyburn Hunter Murphy (CT) today, I was unable to vote on the following Coffman (CO) Inglis Murphy (NY) proved even after news of the FBI raid of the Cohen Inslee Murphy, Patrick bills: H.J. Res. 40, H. Res. 421, and H. Res. firm’s offices and Justice Department inves- Cole Israel Murphy, Tim 489. If I had been able to make these votes, tigation into the firm was well known. Conaway Issa Murtha I would have voted ‘‘yea.’’ Whereas, the Associated Press reported Connolly (VA) Jackson (IL) Myrick that ‘‘the FBI says the investigation is con- Cooper Jenkins Nadler (NY) f tinuing, highlighting the close ties between Costa Johnson, E. B. Napolitano special-interest spending provisions known Costello Jones Neal (MA) PERSONAL EXPLANATION Courtney Jordan (OH) Neugebauer as earmarks and the raising of campaign Crenshaw Kagen Nunes Mr. CONYERS. Madam Speaker, due to cash.’’ Crowley Kanjorski Nye events in my congressional district, I was un- Whereas, the persistent media attention Cuellar Kaptur Oberstar able to vote today. If I were present, I would focused on questions about the nature and Culberson Kennedy Obey vote ‘‘yea’’ to the following bills: timing of campaign contributions related to Cummings Kildee Olson the firm, as well as reports of the Justice De- Dahlkemper Kilpatrick (MI) Olver H. Res. 421, recognizing and commending partment conducting research on earmarks Davis (AL) Kilroy Ortiz the Great Smoky Mountains National Park on and campaign contributions, raise concern Davis (CA) Kind Pascrell its 75th year anniversary; Davis (IL) King (IA) Pastor (AZ) about the integrity of Congressional pro- Davis (KY) King (NY) Paulsen H.J. Res. 40, Native American Heritage Day ceedings and the dignity of the institution. Davis (TN) Kingston Pelosi Act of 2009; Now, therefore, be it:

VerDate Nov 24 2008 03:13 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.036 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6052 CONGRESSIONAL RECORD — HOUSE June 2, 2009 Resolved, That (a) the Committee on buying America. The answer that it destiny, where no one should ever be at Standards of Official Conduct, or a sub- started with Bush is not a good answer a disadvantage because of where one is committee of the committee designated by because, yes, it did. So stop already. born or chooses to live. the committee and its members appointed by We were promised change. Let’s the chairman and ranking member, shall im- f mediately begin an investigation into the re- change. Let’s stop running up debt, and lationship between the source and timing of let’s stop selling this country to China. MEDIA SHOULD NOT ALLOW VOT- past campaign contributions to Members of f ING TO INFLUENCE REPORTING the House related to the raided firm and ear- STANDING ALONGSIDE PAKISTAN (Mr. SMITH of Texas asked and was mark requests made by Members of the given permission to address the House House on behalf of clients of the raided firm. (Ms. JACKSON-LEE of Texas asked for 1 minute and to revise and extend (b) The Committee on Standards of Official and was given permission to address Conduct shall submit a report of its findings his remarks.) the House for 1 minute.) Mr. SMITH of Texas. Mr. Speaker, at to the House of Representatives within 2 Ms. JACKSON-LEE of Texas. Mr. months after the date of adoption of the res- the recent White House Correspond- olution. Speaker, the eyes of the world have ents’ Dinner, President Obama joked to been watching the terrible conflict in The SPEAKER pro tempore. Under the reporters in attendance: ‘‘Most of Pakistan. They have watched the Paki- you covered me. All of you voted for rule IX, a resolution offered from the stani military attempt to free certain floor by a Member other than the ma- me.’’ areas of terrorist interests that would Some jokes are true; and, unfortu- jority leader or the minority leader as undermine the peace and security of a question of the privileges of the nately, this joke is on the American that nation. people. House has immediate precedence only I would hope that we would all sup- at a time designated by the Chair with- According to Investor’s Business port the idea of peace and security. I Daily, journalists who gave campaign in 2 legislative days after the resolu- believe in peace over conflict. I actu- tion is properly noticed. money to then-Senator Obama out- ally am appalled at the level of vio- numbered those who contributed to Pending that designation, the form of lence, but we must support the people the resolution noticed by the gen- Senator MCCAIN by a 20–1 margin. The of Pakistan and its military, which has media gave money to him. They voted tleman from Arizona will appear in the risen to the occasion to fight against RECORD at this point. for him. Now they’re giving him a free those who would undermine the civil- pass. The Chair will not at this point de- ian government. We can’t have it both termine whether the resolution con- According to one analysis, network ways, and they are not doing this at newscasts have portrayed the Presi- stitutes a question of privilege. That the behest of the United States Gov- determination will be made at the time dent as a deficit fighter five times ernment but for their own people. more often than they have portrayed designated for consideration of the res- We must also join in the humani- olution. him as a big spender even though his tarian aid to give to those 2.5 million budget will double the national debt in f people who are now being evacuated. 5 years and will triple it in 10. PERSONAL EXPLANATION We must be prayerful about the young Yes, the media voted for President people who were abducted, and we must Ms. JACKSON-LEE of Texas. Madam Obama, but they should not allow their praise again the Pakistani military, Speaker, I was unavoidably detained on voting to influence their reporting. which itself has lost lives. We now need official business. to stand alongside this country and not f Had I been present, I would have forsake it and stand for its democracy voted ‘‘aye’’ for the adoption of H. Res. SPECIAL ORDERS and its security. 421, recognizing and commending the The SPEAKER pro tempore (Mr. f Great Smoky Mountains National Park HIMES). Under the Speaker’s announced on its 75th year anniversary; I would THE CONGRESSIONAL RURAL policy of January 6, 2009, and under a have voted ‘‘aye’’ on adoption of H.J. CAUCUS previous order of the House, the fol- Res. 40, Native American Heritage Day (Mr. THOMPSON of Pennsylvania lowing Members will be recognized for Act of 2009; and I would have voted asked and was given permission to ad- 5 minutes each. ‘‘aye’’ on H. Res. 489, recognizing the dress the House for 1 minute and to re- f 20th anniversary of the brutal suppres- vise and extend his remarks.) sion of protesters and citizens in and Mr. THOMPSON of Pennsylvania. THE COMPLEX EMERGENCY IN around Tiananmen Square. Mr. Speaker, I come before the House PAKISTAN f today to bring attention to the Con- The SPEAKER pro tempore. Under a b 1930 gressional Rural Caucus, of which I previous order of the House, the gen- have the privilege of being vice Chair, tleman from Maryland (Mr. CUMMINGS) STOP SELLING AMERICA TO CHINA along with my colleague from across is recognized for 5 minutes. (Mr. GOHMERT asked and was given the aisle, Mr. WALZ of Minnesota. The Mr. CUMMINGS. Recently, Mr. permission to address the House for 1 caucus is being led by co-Chairs Mr. Speaker, I met with a distinguished minute.) CHILDERS of Mississippi and Mr. SMITH group of Pakistani Americans whom I Mr. GOHMERT. On the last resolu- of Nebraska, whom I commend for proudly represent in the Seventh Con- tion, I heard earlier tonight my friend their bipartisan spirit and for their gressional District of Maryland. I lis- from California (Mr. BERMAN) who has ability to reach across this so-often di- tened to their perspectives regarding a heart for those who suffer around this vided aisle in order to push for the bet- the current situation in Pakistan. world, and I certainly acknowledge terment of rural issues—our rural val- Ladies and gentlemen, I rise today to that. ues and our rural way of life. share their concerns, and I urge each of In support of the resolution of re- The Rural Caucus has re-formed and you to recognize the complex emer- membering the devastation in is alive and well. Together, we will gency that is taking place in Pakistan. Tiananmen Square, he asked a ques- focus on issues of telecom, education The situation requires our immediate tion about how China could rightfully and workforce development, transpor- attention and assistance. take a place among the superpowers, or tation, and health care. As you should be aware, more than 3 among the world powers, when there is In January, the Congressional Rural million people have been displaced so much left unresolved about Caucus penned a letter to the President from the Swat Valley area of Pakistan Tiananmen Square. Who was shot? Who asking him to form an Office of Rural since early April 2009. At a rate of ap- was killed? I have an answer. They’re Policy to complement the recently cre- proximately 85,000 people fleeing per buying America. We’re going into debt ated Office of Urban Policy. Today, I day, the unfolding internal displace- bigger and bigger every day, and echo that call, and I encourage the ad- ment crisis in Pakistan is the fastest they’re buying us, so they can kind of ministration to make a commitment movement of people in such massive do what they want as long as they’re to create communities of choice, not of numbers since the Rwandan genocide

VerDate Nov 24 2008 03:13 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.044 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6053 of 1994. The United Nations has warned your districts. I encourage you to real- that with the reports that only one of a long-term humanitarian crisis, and ly listen to what they have to say. You dealership being ordered to close down it has called for massive aid for the ref- will be amazed by what they will tell so far contributed to the administra- ugees. you. Let us seize the moment by deliv- tion’s campaign—and that was only for President Obama’s administration ering President Obama’s promise of $200? Campaign contributions appear to took a proactive role in providing hu- hope to the people of the great nation be the common thread in all of these manitarian aid to the internally dis- of Pakistan. ordered closures. That’s some coinci- placed people. The administration’s re- f dence. cent announcement to provide $110 mil- Rogers Dodge in Alvin, Texas, is one PARTISAN POLITICS IN AUTO lion in additional humanitarian aid of the more profitable dealerships. DEALERSHIP CLOSURES? was the beginning of a new era of Newspaper reports say they have in- friendship and trust between the gov- The SPEAKER pro tempore. Under a creased their new car sales by 50 per- ernments and the people of Pakistan previous order of the House, the gen- cent in just the last 4 months. That’s a and the United States. Although this tleman from Texas (Mr. POE) is recog- big accomplishment in this economy. funding was a significant first step, it nized for 5 minutes. They paid cash for their brand-new $3.7 is only a fraction of what is required to Mr. POE of Texas. Mr. Speaker, just million building 3 years ago. Along repatriate the internally displaced peo- south of Houston, there is a town with many other dealerships, they ple to their homes and to reestablish called Alvin, Texas, where a Chrysler bought millions of dollars of inventory some degree of normalcy in their lives. dealership called Rogers Dodge is mak- after being pressured by Chrysler to All efforts must be made for the safe ing a lot of money selling Chryslers; help the company’s financial situation and early return of the internally dis- but on June 9, they are going to close so that Chrysler wouldn’t go bankrupt. placed Pakistanis to their homes. The down because the auto task force gang Now all of these assets paid for by United States, along with the inter- has notified them that they have to these dealerships will be worth mere national community, must come to- close. pennies on the dollar. One report in the gether and provide the needed assist- Rogers Dodge is on the list of 789 Houston Chronicle said this inventory ance. Chrysler dealerships around the coun- of cars that the dealerships were pres- Recently, I sent a letter to Secretary try that are being closed down under sured to buy now will have to be sold of State Hillary Clinton to ask that she questionable circumstances. There are as used cars. immediately increase her appeal of five in the Houston area alone. The help to the international community question remains: What are the criteria b 1945 from the current $500 million to $1 bil- for closing down these dealerships? Some of these dealerships are fight- lion in humanitarian aid to provide im- The auto task force gang picks win- ing back against the Auto Task Force mediate assistance to the internally ners and losers, but they refuse to tell with a lawsuit of their own. According displaced people from Swat. Lending America how those decisions are made. to the Houston Chronicle article, Nich- support of this magnitude equates to a Well, neither they nor the administra- olas Parks, the president of Rogers small pledge of approximately $400 per tion is talking. The blissful silence Dodge and a lawyer, says he’s fighting IDP. makes us wonder what’s going on. the closure because he doesn’t think The second concern is the impression Some of these Chrysler dealerships the bankruptcy court should be used to the Pakistani people have about the being ordered to close are profitable— close these vendors, especially those United States’ interest. We must work others are not—but according to some that are making money. How can you to dispel the image the Pakistanis have news reports, there’s one thing they all use the bankruptcy laws to shut down about our country. The time has come have in common except for one single a vendor who is making a profit for to establish a long-term, consistent exception found so far: they all have Chrysler? This is very interesting. The policy to close the trust deficit in our connections in some manner to making American people are starting to ask a relationship by making investments in campaign contributions to Repub- few questions on their own. Pakistan’s future. licans. Are these Auto Task Force tyrants I believe that the United States Chrysler, an American institution, is picking the winners and losers based on needs to take immediate action which no longer being run as a private-sector campaign contributions? Does the ad- translates into goodwill in the eyes of company. It has been taken over by the ministration have a Nixon-style en- the Pakistanis. Effective ways to ac- auto task force tyrants appointed per- emies list? All these questions because complish this goal by directly impact- sonally by the administration. These the Auto Task Force guys aren’t talking people’s lives include providing individuals tell Chrysler what to do, ing and aren’t telling us why they more humanitarian aid, investing in and they have to do it because Chrysler closed down certain dealerships and infrastructure development projects took all that bailout money before why they let others remain open. such as electrical power plants, road they went into bankruptcy. Now the We are now living in a time where construction and railway improve- auto task force gang gets to run the the government controls both Chrysler ments, and contributing to bilateral company. and GM, which we should call Govern- trade. It is imperative that we focus on By the way, Mr. Speaker, we still ment Motors. And the government projects with a tangible outcome that don’t know where that wasted bailout alone, not the free market, decides who improve the well-being of Pakistanis. money went. wins, who loses, who stays in business Pakistanis are putting faith into demo- According to the Federal Election and who must be forcibly closed down. cratic movements. Now we must learn Commission Web site, there are report- Meanwhile, 100,000-plus Chrysler work- how to relate to them and how to build ers and bloggers around the country ers at auto dealerships who did nothing their confidence in our ability to de- who have been digging through lists of wrong will be out of work on June 9 liver on our promises. donations. They have been comparing thanks to government control. So My discussion with the Pakistani donor names on the lists with the much for the promise of new jobs. Americans in my district was an eye names of owners of the Chrysler dealer- And that’s just the way it is. opener that allowed me to gain their ships that have been forced to close. f perspectives on the current situation Some of these reports say that cam- in Pakistan. I encouraged Ambassador paign contributions went to GOP can- ENDING THE NUCLEAR THREAT Holbrooke to and he has agreed to sit didates or to political action commit- The SPEAKER pro tempore. Under a down with a small group on June 12, tees from the Chrysler dealerships that previous order of the House, the gentle- 2009, so that he, too, can get a better are being forcibly shut down. woman from California (Ms. WOOLSEY) understanding of the complex issues Did this group of auto task force in- is recognized for 5 minutes. that the people of Pakistan now face. dividuals discriminate against Repub- Ms. WOOLSEY. Mr. Speaker, when I also encourage each of you to reach lican dealerships in Chrysler-style or in the Cold War ended, the people of the out to the Pakistani Americans and to Chicago-style paybacks? We don’t world hoped that the threat of nuclear their affiliated organizations within know. How in the world can we square war would end also, but that hasn’t

VerDate Nov 24 2008 03:13 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.079 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6054 CONGRESSIONAL RECORD — HOUSE June 2, 2009 happened. Today, more nations than materials from falling into the wrong say we need to stay above this fray, ever have nuclear weapons. North Ko- hands. that when you can—when a Member of rea’s powerful underground nuclear ex- I urge my colleagues, please examine Congress has the ability to award a no- plosion last week reminded us that both of these resolutions and support bid contract to a private company, and testing continues. And there are great them. There is no time to waste. The then executives in that private com- fears that terrorists could get nuclear world is getting more dangerous every pany—and the lobbyists that are re- weapons through the black market. single minute. And if there is a nuclear tained by them—can turn around and Tragically, the United States has not attack, we won’t be able to save our make sizable campaign contributions done enough to stop the threat. lives by ducking under our desks like to that same Member who awarded the The previous administration turned we were taught in grade school. no-bid contract, we are going to have its back on arms control. It practically Mr. Speaker, America must move ag- problems here and we’re going to have laughed at America’s obligations under gressively to end the nuclear menace. investigations go on. And it will con- the Nuclear Non-Proliferation Treaty. It’s the most important thing we can tinue to represent a cloud over this It refused to push for Senate ratifica- do for our country, and it is the most body, a cloud that rains on Republicans tion of the comprehensive Test Ban important thing we can do for our chil- and Democrats alike. Treaty, and it proceeded with plans for dren and our grandchildren. This is not a partisan resolution. the United States to develop new nu- f This is not a partisan problem. No one clear weapons, which undermined our party is above this. Both the Demo- The SPEAKER pro tempore. Under a ability to deal with North Korea and cratic Party and the Republican Party previous order of the House, the gen- Iran. have Members who are requesting ear- tleman from North Carolina (Mr. Mr. Speaker, we must do better. The marks for companies who then turn JONES) is recognized for 5 minutes. United States must lead. We must lead around and make sizable—I’m sorry— (Mr. JONES addressed the House. His a new global effort to make the world individuals in those companies turn remarks will appear hereafter in the nuclear free. It’s the moral thing to do, around and make sizable contributions Extensions of Remarks.) and it’s also smart politics. If we are back to those same Members. And it is seen as leading the fight for non- f unbelievable that we continue to allow proliferation and disarmament, we will STOP AWARDING NO-BID CON- that to happen. be in a much better position to con- TRACTS TO PRIVATE COMPANIES Now, I have said before, and I will vince the world community to put say again, that I will stop offering this peaceful pressure on North Korea and The SPEAKER pro tempore. Under a resolution as soon as we have an agree- Iran to give up their nuclear ambi- previous order of the House, the gen- ment not to allow the awarding of notions. tleman from Arizona (Mr. FLAKE) is bid contracts for private companies. As President Obama is already moving recognized for 5 minutes. soon as the leadership—both the Re- the right direction. In his speech in Mr. FLAKE. Mr. Speaker, just mo- publicans and Democrats—agree in this Prague on April 5, he promised to re- ments ago I gave notice of my intent to body to stop that practice, to not have duce the role of nuclear weapons in our offer a privileged resolution asking Members of Congress have the ability national security strategy. He an- that the House Ethics Committee look to award no-bid contracts—in other nounced the new diplomatic effort with into the relationship between earmarks words, to get earmarks for private Russia to reduce warheads. He prom- and campaign contributions and the companies—then I will stop offering ised to work for ratification of the Test link between PMA, the PMA Group this resolution. It is a blunt instru- Ban Treaty, and he said he would seek that is currently under investigation ment. I recognize that. The Ethics a new treaty to end the production of by the Justice Department. Committee is not really meant to deal fissile materials for use in nuclear Now, it has been raised several times with issues of this magnitude, but as weapons. I welcome all of these poli- that this privileged resolution is a long as we continue this practice and cies. blunt instrument and that the Ethics allow this to happen, then this institu- In fact, 3 days before the press speech Committee is really not designed to tion is going to be under a cloud, as it in Prague, I introduced Resolution 333, deal with such a resolution. And let me is now. which is called No Nukes. It calls upon be the first to concede that point. So, again, I’ve noticed this resolution the United States to take a number of These resolutions that I’ve offered— tonight. I don’t have to call it up later important actions to end the nuclear this is the ninth one that was offered this week. I would prefer not to. I threat. It calls upon the United States tonight—they are a blunt instrument. would prefer not to have another vote to pursue multilateral negotiations to The Ethics Committee is not designed on this resolution. But as long as we produce verifiable steps that every to deal with an investigation of this continue the practice of allowing Mem- country should take to eliminate their magnitude, but it’s the only instru- bers of this body to award no-bid con- nuclear weapons. It calls for the United ment we’ve got at this point. We are tracts to companies, private compa- States and Russia to work together to really out of other options. nies, who can then turn around and end the deployment of nuclear weapons Right now as it stands, when Mem- have their executives and the lobbyists that are currently operational and can bers of Congress request earmarks, they retain make sizable contributions be launched on short notice. It urges they have to sign a statement saying to those same Members, and as long as the President to declare that so long as that they have no financial interest in we allow that practice to continue, the United States has nuclear weapons, the earmark that they are pursuing; in we’re going to need to address it some- we will not—and I say we will not—use other words, that a family member how; and this is the only forum, this is them first. It calls for ending the pre- doesn’t work on or for the firm receiv- the only vehicle that we’re allowed vious administration’s policy of pre- ing the earmark. But to receive cam- right now. ventative warfare and ending our de- paign contributions in close proximity So I would hope, Mr. Speaker, that velopment of new weapons of mass de- to that earmark request is not consid- we can bring this resolution to some struction, and it calls for a ban on ered financial interest by the House type of conclusion, that we won’t have weapons in outer space. Committee on Ethics, and the guidance to offer a 10th next week or in some I’ve also introduced House Resolu- that they’ve issued to Members is that week to come, that we can actually tion 363, which describes my Smart Se- that does not necessarily constitute fi- deal with this meaningfully. This insti- curity Platform for the 21st Century, nancial interest. Yet we know that tution deserves far better than we are which includes several initiatives to there are numerous investigations giving it. stop the spread of weapons of mass de- going on outside of this body by the I think when most of us were elected, struction. It calls for beefing up inspec- Justice Department that have to do we believed that we had a higher pur- tions and regional security arrange- with earmarks and campaign contribu- pose than to come here and grovel for ments to stop proliferation. And it ad- tions. crumbs that fall from appropriators’ vocates more funding for the programs So out of an abundance of caution, I tables, that we’re here to debate the designed to keep Russian weapons and would hope that this institution would great issues of our time. And when you

VerDate Nov 24 2008 03:20 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.081 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6055 have an issue like we have now where most effective means of getting credit One of the biggest problems is that the Members are able to award no-bid con- flowing. But, in fact, after the bill was plan focuses almost entirely on lowering tracts to private companies, then we passed on October 3, in consultation monthly payments. But overly onerous pay- simply have to stop the practice. with the Federal Reserve, he deter- ments are only part of the problem. For 15.4 million ‘‘underwater’’ borrowers—those who f mined that the most timely, effective owe more on their mortgages than their step to improve market conditions was THE BANKS’ ARROGANCE homes are worth—a lack of home equity puts to put the money into the banks them- them at risk of default, even if their month- The SPEAKER pro tempore. Under a selves. ly payments have been reduced. They have previous order of the House, the gentle- no cushion to fall back on in the event of a b 2000 woman from Ohio (Ms. KAPTUR) is rec- setback, like job loss or illness. ognized for 5 minutes. So rather than holding banksters ac- This page has long argued that a robust Ms. KAPTUR. Mr. Speaker, today the countable in the courts and in the sys- anti-foreclosure plan should directly address New York Times lead editorial ‘‘Fore- tem, Washington has been systemati- the plight of underwater homeowners by re- closures: No End in Sight,’’ states cally rewarding them. ducing the loans’ principal balance. That Since then, every clever bill Congress would restore some equity to borrowers— there will be no economic recovery and give them a further incentive to hold on until there is a halt in the relentless has cooked up to address the credit cri- to their homes—in addition to lowering rise in foreclosures. Foreclosures sis engendered by the housing market monthly payments. The mortgage industry threaten millions of families with fi- meltdown has just picked at the edges. has resisted this approach, and the Obama nancial ruin, and by driving prices Look at your districts. Look at our plan does not emphasize it. down, they sap the wealth of all home- country. With joblessness rising, lower monthly owners. They exacerbate bank losses The headlines and signing ceremonies payments could quickly become unaffordable putting pressure on the still-fragile fi- look good. But there are over 5 million for many Americans. In a recent report, re- families’ mortgages now under water, searchers at the Federal Reserve Bank of nancial system. Boston argued that unemployment is driving Let’s give Wall Street credit. They’ve and it’s rising. The economic fun- foreclosures and to make a difference, anti- accomplished the biggest transfer of damentals are out of whack. Legisla- foreclosure policy should focus on helping wealth from the middle class to the tion that looks good on the surface unemployed homeowners. The report sug- super rich in U.S. history. And still, no keeps being pushed forward, but in ef- gests a temporary program of loans or grants one is holding them accountable. What fect, the bills simply allow the govern- to help them pay their mortgages while they a crying shame. ment to become a bigger dumping look for another job. Study this picture. Five Wall Street ground for Wall Street’s housing ex- The government will also have to make far money center banks had subsidiaries cess. Neither justice nor prudence are more aggressive efforts to create jobs. The federal stimulus plan will preserve and gen- involved in the subprime mortgage being brought to Wall Street. erate a few million jobs, but that will barely loan fraud which led to our economic When Louis Brandeis wrote ‘‘Other make a dent—in the overall economic crisis meltdown—JPMorgan Chase, Citi- People’s Money,’’ his conscience moved or the foreclosure disaster. Since the reces- group, Bank of America, Wachovia, and a Nation to regulate banks that were sion began in December 2007, nearly six mil- Wells Fargo—yet we, the American plundering our republic during the lion jobs have been lost, and millions more taxpayers, continue to bail out their Roosevelt years. This included Ferdi- are bound to go missing before this downturn bad business practices. nand Pecora, who directed Senate hear- is over. The Dow, in fact, removed Citigroup ings over a period of 2 years, examining President Obama needs to put more effort and political capital into promoting the mid- today from their listed companies. The and illuminating Wall Street practices. dle-class agenda that he outlined during the very people who originated subprime And those exhaustive hearings turned campaign, including a push for new jobs in loans, bundled them and passed them Wall Street inside-out to public view. new industries, expanded union membership on are the very winners of taxpayer We should do no less. and a fairer distribution of profits among largesse with no strings attached. But who will be our Pecora? Where is shareholders, executives and employees. Those who come out on top are the this Congress? Where is our President? There will be no recovery until there is a same five, arrogant and recalcitrant. And what has happened to our demo- halt in the relentless rise in foreclosures. They don’t even return phone calls cratic government? Foreclosures threaten millions of families with financial ruin. By driving prices down, from local Realtors trying desperately [From the New York Times, June 2, 2009] they sap the wealth of all homeowners. They to resurrect their local housing stock. FORECLOSURES: NO END IN SIGHT exacerbate bank losses, putting pressure on Nonresponse is but the tip of the ice- A continuing steep drop in home prices the still fragile financial system. Lower berg. The banks’ arrogance has led combined with rising unemployment is monthly payments are a balm, but they are them to use their inordinate power to powering a new wave of foreclosures. Unfor- no substitute for home equity. And until hold up our Republic. Elected officials tunately, there is little evidence, so far, that more Americans can find a good job and a tiptoe around them. Some even protect the Obama administration’s anti-foreclosure steady paycheck, the number of foreclosures them. And any group with that much plan will be able to stop it. will continue to rise. power needs to be reined in in a demo- The plan offers up to $75 billion in incen- f cratic republic. If you’re too big to fail, tives to lenders to reduce loan payments for The SPEAKER pro tempore. Under a troubled borrowers. Since it went into effect you’re too big to exist. in March, some 100,000 homeowners have previous order of the House, the gen- But who will do it? Last year, Treas- been offered a modification, according to the tleman from Indiana (Mr. BURTON) is ury Secretary Paulson struck fear in a Treasury Department, though a tally is not recognized for 5 minutes. skittish Congress a mere 6 weeks be- yet available on how many offers have been (Mr. BURTON of Indiana addressed fore elections—how convenient that accepted. the House. His remarks will appear timing was—to pass the $700 billion That’s a slow start given the administra- hereafter in the Extensions of Re- taxpayer bailout of Wall Street saying tion’s goal of preventing up to four million marks.) America was on the verge of an eco- foreclosures. It is even more worrisome when f nomic disaster. Congress stampeded to one considers the size of the problem and the speed at which it is spreading. The Mortgage The SPEAKER pro tempore. Under a pass that bill, and the economy melted Bankers Association reported last week that previous order of the House, the gen- down anyway. in the first three months of the year, about tleman from Virginia (Mr. WOLF) is Paulson held his conversations be- 5.4 million mortgages were delinquent or in recognized for 5 minutes. hind closed doors—no records—banking some stage of foreclosure. (Mr. WOLF addressed the House. His on, both literally and figuratively, the Not all of those families will lose their remarks will appear hereafter in the honor of politicians to not repeat his homes. Some will find the money to catch up Extensions of Remarks.) exact words. But a few weeks after on their payments. Others will qualify for Paulson got his hands on the public loan modifications that allow them to hang f on. But as borrowers become more hard spigot, he changed direction. Origi- pressed, lenders—whose participation in the The SPEAKER pro tempore. Under a nally he said, We asked for $700 billion Obama plan is largely voluntary—may not previous order of the House, the gen- to purchase troubled assets and at the be able or willing to keep up with the spi- tleman from Texas (Mr. PAUL) is recog- time we believed that would be the raling demand for relief. nized for 5 minutes.

VerDate Nov 24 2008 03:20 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.083 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6056 CONGRESSIONAL RECORD — HOUSE June 2, 2009 (Mr. PAUL addressed the House. His may waive the 24-hour notice requirement any Subcommittee, a quorum shall be con- remarks will appear hereafter in the with the agreement of the Ranking Minority stituted by the presence of two Members. Extensions of Remarks.) Member. (d) In the course of any hearing each Mem- (e) Committee and Subcommittee meetings ber shall be allowed five minutes for the in- f for the transaction of business, i.e., meetings terrogation of a witness until such time as The SPEAKER pro tempore. Under a other than those held for the purpose of tak- each Member who so desires has had an op- previous order of the House, the gen- ing testimony, shall be open to the public ex- portunity to question the witness. tleman from Texas (Mr. NEUGEBAUER) cept when the Committee or Subcommittee (e) The transcripts of those hearings con- is recognized for 5 minutes. determines by majority vote to close the ducted by the Committee which are decided (Mr. NEUGEBAUER addressed the meeting because disclosure of matters to be to be printed shall be published in verbatim form, with the material requested for the House. His remarks will appear here- considered would endanger national security, would compromise sensitive law enforcement record inserted at that place requested, or at after in the Extensions of Remarks.) information, or would tend to defame, de- the end of the record, as appropriate. Indi- f grade or incriminate any person or otherwise viduals, including Members of Congress, The SPEAKER pro tempore. Under a would violate any law or rule of the House. whose comments are to be published as part previous order of the House, the gen- (f) Every motion made to the Committee of a Committee document shall be given the and entertained by the Chairman shall be re- opportunity to verify the accuracy of the tleman from South Carolina (Mr. ING- duced to writing upon demand of any Mem- transcription in advance of publication. Any LIS) is recognized for 5 minutes. ber, and a copy made available to each Mem- requests by those Members, staff or wit- (Mr. INGLIS addressed the House. ber present. nesses to correct any errors other than er- His remarks will appear hereafter in (g) For purposes of taking any action at a rors in the transcription, or disputed errors the Extensions of Remarks.) meeting of the full Committee or any Sub- in transcription, shall be appended to the f committee thereof, a quorum shall be con- record, and the appropriate place where the The SPEAKER pro tempore. Under a stituted by the presence of not less than one- change is requested will be footnoted. Prior third of the Members of the Committee or to approval by the Chairman of hearings con- previous order of the House, the gen- subcommittee, except that a full majority of ducted jointly with another congressional tleman from Kansas (Mr. MORAN) is the Members of the Committee or Sub- Committee, a memorandum of under- recognized for 5 minutes. committee shall constitute a quorum for standing shall be prepared which incor- (Mr. MORAN of Kansas addressed the purposes of reporting a measure or rec- porates an agreement for the publication of House. His remarks will appear here- ommendation from the Committee or Sub- the verbatim transcript. after in the Extensions of Remarks.) committee, closing a meeting to the public, RULE IV. BROADCASTING or authorizing the issuance of a subpoena. f Whenever a hearing or meeting conducted (h)(1) Subject to subparagraph (2), the by the Committee or any Subcommittee is The SPEAKER pro tempore. Under a Chairman may postpone further proceedings previous order of the House, the gen- open to the public, those proceedings shall be when a record vote is ordered on the ques- open to coverage by television, radio and tleman from Illinois (Mr. KIRK) is rection of approving any measure or matter or still photography except when the hearing or ognized for 5 minutes. adopting an amendment. The Chairman may meeting is closed pursuant to the Committee (Mr. KIRK addressed the House. His resume proceedings on a postponed request Rules of Procedure. at any time. remarks will appear hereafter in the RULE V. STANDING SUBCOMMITTEES Extensions of Remarks.) (2) In exercising postponement authority under subparagraph (1), the Chairman shall (a) The full Committee shall have jurisdic- f take all reasonable steps necessary to notify tion over the following subject matters: Members on the resumption of proceedings copyright, patent, and trademark law, infor- PUBLICATION OF THE RULES OF mation technology, tort liability, including THE COMMITTEE ON THE JUDICI- on any postponed record vote. (3) When proceedings resume on a post- medical malpractice and product liability, ARY, 111TH CONGRESS poned question, notwithstanding any inter- legal reform generally, and such other mat- The SPEAKER pro tempore. Under a vening order for the previous question, an ters as determined by the Chairman. (b) There shall be five standing Sub- previous order of the House, the gen- underlying proposition shall remain subject to further debate or amendment to the same committees of the Committee on the Judici- tleman from Michigan (Mr. CONYERS) is ary, with jurisdictions as follows: recognized for 5 minutes. extent as when the question was postponed. (i) Transcripts of markups shall be re- (1) Subcommittee on Courts and Competi- Mr. CONYERS. Mr. Speaker, I submit the corded and may be published in the same tion Policy: antitrust law, monopolies, and Committee on the Judiciary’s Rules of Proce- manner as hearings before the Committee. restraints of trade, administration of U.S. dure for the 111th Congress adopted on Janu- (j) Without further action of the Com- courts, Federal Rules of Evidence, Civil and ary 22, 2009, reflecting the addition yesterday mittee, the Chairman is directed to offer a Appellate Procedure, judicial ethics, other appropriate matters as referred by the Chair- of MIKE QUIGLEY as a member of the Com- motion under clause 1 of rule XXII of the man, and relevant oversight. mittee. Rules of the House of Representatives whenever the Chairman considers it appropriate. (2) Subcommittee on the Constitution, RULES OF PROCEDURE Civil Rights, and Civil Liberties: constitu- RULE III. HEARINGS RULE I. tional amendments, constitutional rights, (a) The Committee Chairman or any sub- The Rules of the House of Representatives federal civil rights laws, ethics in govern- committee chairman shall make public an- are the rules of the Committee on the Judici- ment, other appropriate matters as referred nouncement of the date, place, and subject ary and its Subcommittees with the fol- by the Chairman, and relevant oversight. matter of any hearing to be conducted by it lowing specific additions thereto. (3) Subcommittee on Commercial and Ad- on any measure or matter at least one week ministrative Law: bankruptcy and commer- RULE II. COMMITTEE MEETINGS before the commencement of that hearing. If cial law, bankruptcy judgeships, administra- (a) The regular meeting day of the Com- the Chairman of the Committee, or Sub- tive law, independent counsel, state taxation mittee on the Judiciary for the conduct of committee, with the concurrence of the affecting interstate commerce, interstate its business shall be on Wednesday of each Ranking Minority Member, determines there compacts, other appropriate matters as re- week while the House is in session. is good cause to begin the hearing sooner, or ferred by the Chairman, and relevant over- (b) Additional meetings may be called by if the Committee or Subcommittee so deter- sight. the Chairman and a regular meeting of the mines by majority vote, a quorum being (4) Subcommittee on Crime, Terrorism, Committee may be dispensed with when, in present for the transaction of business, the and Homeland Security: Federal Criminal the judgment of the Chairman, there is no Chairman or Subcommittee chairman shall Code, drug enforcement, sentencing, parole need therefor. make the announcement at the earliest pos- and pardons, terrorism, internal and home- (c) At least 24 hours (excluding Saturdays, sible date. land security, Federal Rules of Criminal Pro- Sundays and legal holidays when the House (b) Committee and Subcommittee hearings cedure, prisons, criminal law enforcement, is not in session) before each scheduled Com- shall be open to the public except when the other appropriate matters as referred by the mittee or Subcommittee meeting, each Committee or Subcommittee determines by Chairman, and relevant oversight. Member of the Committee or Subcommittee majority vote to close the meeting because (5) Subcommittee on Immigration, Citizen- shall be furnished a list of the bill(s) and sub- disclosure of matters to be considered would ship, Refugees, Border Security, and Inter- ject(s) to be considered and/or acted upon at endanger national security, would com- national Law: immigration and naturaliza- the meeting. Bills or subjects not listed shall promise sensitive law enforcement information, border security, admission of refugees, be subject to a point of order unless their tion, or would tend to defame, degrade or in- treaties, conventions and international consideration is agreed to by a two-thirds criminate any person or otherwise would vio- agreements, claims against the United vote of the Committee or Subcommittee. late any law or rule of the House. States, federal charters of incorporation, pri- (d) In an emergency that does not reason- (c) For purposes of taking testimony and vate immigration and claims bills, non-bor- ably allow for 24 hours’ notice, the Chairman receiving evidence before the Committee or der enforcement, other appropriate matters

VerDate Nov 24 2008 03:20 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.088 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6057 as referred by the Chairman, and relevant York (Mr. TONKO) is recognized for 60 trons from different regions and sec- oversight. minutes as the designee of the major- tions of the country, or to even im- (c) The Chairman of the Committee and ity leader. ports from our neighbor to the north in Ranking Minority Member thereof shall be Mr. TONKO. Mr. Speaker, this Canada with hydropower that has been ex officio Members, but not voting Members, of each Subcommittee to which such Chair- evening we have an opportunity as done in some situations. We need to man or Ranking Minority Member has not members of the freshman class, Demo- make certain that we address both sup- been assigned by resolution of the Com- cratic members, to speak during an ply-side and demand-side solutions. For mittee. Ex officio Members shall not be hour designated for our class members. far too long, we’re increasing supply counted as present for purposes of consti- Tonight is the second time our class but not looking at that opportunity to tuting a quorum at any hearing or meeting has spoken as a group, and as you rec- create here in America those needs of such Subcommittee. ognize, we are a diverse group of mem- that are addressed by American-pro- RULE VI. POWERS AND DUTIES OF bers who come from all sections and reduced power that obviously would SUBCOMMITTEES gions of the country and do share some strengthen our economy and our job Each Subcommittee is authorized to meet, common fabric but also would identify situation. hold hearings, receive evidence, and report differences. But one thing very cer- It allows us to also move forward to to the full Committee on all matters referred create a more clean and more sustain- to it or under its jurisdiction. Subcommittee tainly in common that we share is the need to move forward with a positive able environment which needs to be a chairmen shall set dates for hearings and goal that is embraced by the policy meetings of their respective Subcommittees direction on energy policy that will spark an innovation economy, Mr. that we’ll formulate. after consultation with the Chairman and You know, Mr. Speaker, it has been other Subcommittee chairmen with a view Speaker. toward avoiding simultaneous scheduling of And so this evening during this op- said often that a crisis is a terrible full Committee and Subcommittee meetings portunity we will hear from my col- thing to waste. Well, there are multiple crises that this President inherited, he or hearings whenever possible. leagues in our freshman class that will and his administration. Certainly the RULE VII. NON-LEGISLATIVE REPORTS speak to their concerns and the opti- House, as a leadership, is addressing No report of the Committee or Sub- mism we share about growing an inno- those crises that have been passed on committee which does not accompany a vation economy based on energy policy measure or matter for consideration by the here to not only legislators and policy- that can transform just how we deal makers and executives but to the House shall be published unless all Members with those resources, how we create of the Committee or Subcommittee issuing American public where we struggle the report shall have been apprised of such our generated power that we require, with situations that for far too long report and given the opportunity to give no- how we transmit that power, and cer- have gone unaddressed. tice of intention to file supplemental, addi- tainly how we can effectuate conserva- You know, I liken this to the space tional, or dissenting views as part of the re- tion and efficiency programs that will race that we had decades ago, where port. In no case shall the time in which to strengthen our outcome. this country came behind its leader- file such views be less than three calendar As you know, I have spent much of days (excluding Saturdays, Sundays and ship, where President Kennedy indi- my life with energy policy. My profes- cated that we could place a person on legal holidays when the House is not in ses- sional life found me working in the sion). the Moon, where he boldly expressed State Assembly in New York chairing that vision, and we were able to go for- RULE VIII. COMMITTEE RECORDS the Energy Committee for some 15 The records of the Committee at the Na- ward and invest in science and tech- years, and then I moved on to become nology. Sputnik was mentioned in tional Archives and Records Administration president and CEO of NYSERTA, the shall be made available for public use ac- every classroom. There was a race cording to the Rules of the House. The Chair- New York State Energy, Research and going on, and it was important for us man shall notify the Ranking Minority Development Authority. to win that race. Member of any decision to withhold a record It was there that I recognized that The same can be said today with the otherwise available, and the matter shall be through the program implementation global race that exists out there for presented to the Committee for a determina- we had encouraged through public pol- some Nation to emerge as that go-to tion on the written request of any Member of icy formation that we were able to ef- Nation that will export the energy in- the Committee. fectuate tremendously strong impacts, tellect and the energy innovation and RULE IX. OFFICIAL COMMITTEE WEBSITE positive impacts on the business com- ideas that will transform not only our (a) The Chairman shall maintain an offi- munity and on the residential commu- economy but the worldwide use and the cial website on behalf of the Committee for nity, making certain that as we em- worldwide response to energy needs the purpose of furthering the Committee’s braced efficiency efforts we could ad- and energy solutions. We can win that legislative and oversight responsibilities, in- dress that demand side of the equation, cluding communicating information about race but we need to invest. We need to the Committee’s activities to Committee which has been, from a Federal per- open up with new policy, and we need Members and other Members of the House. spective, not really addressed effec- to commit to resources that are essen- (b) The Chairman shall make the record of tively at all. tial. the votes on any question on which a record And so now we find ourselves with We are doing that today as we talk vote is demanded in the full Committee leadership in the White House and cer- about the transformation to an innova- available on the Committee’s official website tainly here in the House that wants to tion economy, and as we look at some not later than 3 legislative days after such move forward and make certain that of the situations that we have with the vote is taken. Such record shall identify or we advance sound energy policy. It is power that is addressed by foreign oil describe the amendment, motion, order, or other proposition, the name of each Member important for us to do that in a way imports, noting that nearly 67 percent voting for and each Member voting against that maintains an open mind to devel- of our oil is imported from foreign sup- such amendment, motion, order, or propo- oping the sort of policy that needs to plies, from foreign countries, that is sition, and the names of the Members voting be crafted, policy that will speak to finding we’re spending some $475 billion present. those innovative ideas, and projects that is shipped overseas. People will (c) The Ranking Member is authorized to that will find us investing in research, talk about different economic impacts maintain a similar official website on behalf in development, in deployment, in en- or concerns or fears that they try to of the Committee Minority for the same pur- gineering, in developing a green-collar pose, including communicating information forecast and project, when in fact we about the activities of the Minority to Com- workforce, all of which will create an need only to look at history to see mittee Members and other Members of the array of jobs that are not yet on that what’s been happening with the hun- House. radar screen, that will allow us to dreds of billions that are invested in f produce outcomes that are favorable to foreign economies and an over- this country’s economy. whelming, near two-thirds, of our sup- GROWING AN INNOVATION And certainly as we do that, we will ply for oil being imported from foreign ECONOMY need to update and upgrade our trans- countries. The SPEAKER pro tempore. Under mission grid, our delivery system, This should tell us something. It the Speaker’s announced policy of Jan- which was designed for regulatory re- should tell us that there are opportuni- uary 6, 2009, the gentleman from New sponse rather than free-wheeling elec- ties to create jobs to go forward and

VerDate Nov 24 2008 03:20 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.051 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6058 CONGRESSIONAL RECORD — HOUSE June 2, 2009 produce American-based power and to Everyone knows, I’m sure, that the by 2025, we can create 5 million jobs address jobs through energy efficiency Chevy Volt will be built here in this here in this country. So it really be- and conservation efforts, through re- country. The reality of the truth is hooves us to move forward and advance search and development, to develop General Motors chose a Korean sup- a situation that will find us investing those prototypes to make certain plier of that battery. They developed in jobs in manufacturing, in engineer- they’re deployed into the manufac- the chemistry there. Sadly, they were ing, certainly in transportation, as we turing sector and that we can grow this ahead of us here in the U.S. That bat- can move forward and really effectuate richness of economy and also export tery will be built in the U.S. That’s the the source of investments and changes these ideas and this invention to other first generation. This electric car that that will really produce a strong eco- world economies across the globe. will be developed will be able to travel nomic outcome for us here in this Na- My colleague and friend from our up to 40 miles without using a single tion. And it’s not whether or not we freshman class—and I’ve grown to re- drop of gasoline. Talk about reducing have the luxury to make that decision. spect each and every one of my fresh- our carbon footprint. That is amazing. As we speak, China invests $12.6 mil- men colleagues, but one who has ex- And of course, in the American Recov- lion per hour in greening up their econ- pressed a very strong concern about ery and Reinvestment Act there is a omy. jobs, job creation, job retention is generous tax credit to help drive down Going back to the space race of dec- MARK SCHAUER from the State of the cost of those electric vehicles. ades ago inspired by JFK and others, Michigan, from the seventh, I believe, But I was mentioning this other new we have President Obama, Speaker district in Michigan. Representative startup, and I want to mention that a PELOSI, leadership in the House, the SCHAUER is very concerned about jobs, number of battery technology compa- conference, the caucus, the member- and I believe MARK sees this as a way nies in my State are seeking some of ship here, the majority in this House to address that job situation. the $2 billion that we approved in the advancing an effort to really produce Mr. SCHAUER. I thank Mr. TONKO. American Recovery and Reinvestment jobs to clean up the environment and It’s an honor to be part of this discus- Act for automotive battery technology. create a situation that not only ad- sion on behalf of a new group of Demo- So the first generation is about to be dress a stronger sense of energy secu- cratic Members of the U.S. House of built for the new Chevy Volt. The sec- rity and energy independence, but also Representatives. ond generation is already being devel- a national security factor that is there- I am from Michigan. The Seventh by strengthened simply by growing our oped by a company immediately adja- Congressional District is seven coun- energy independence and our energy se- cent to my district, and it will employ ties in southern and central Michigan curity because our reliance on some of people from within my district. And in a State with an unemployment rate the most troubled spots in the world this is, I think, an example of how good of 12.9 percent. To me, energy policy is finds us in the middle of conflicts, as energy policy is good jobs policy. about two things. It’s about protecting we see today. our planet, being stewards that we This is what we need, and we can- One of our other freshman class need to be to hand this planet to our didly need, to do our part in Congress members who is equally passionate children and grandchildren, but energy to partner with a new General Motors, about change and reform, who was also policy in my State is jobs policy, and new Chrysler, Ford and other auto a student of history, checks into these that’s how it must be and that’s how companies to innovate. Representative situations of cleaning up our environ- my constituents look at it. TONKO talked about an innovation pol- ment and producing jobs, Representa- I’m here to offer that and magnify re- icy, innovation economy, and that’s ex- tive CONNOLLY from the great Com- ality in Michigan. Yesterday, the news actly what we can do in the domestic monwealth of Virginia, from the Con- from General Motors was very difficult auto industry, and we must do, and I gressional District 11 in that State, is for my State when they announced certainly will be making the case that with us this evening also. seven plants that would be closed. Michigan should be the center of that Representative CONNOLLY. Based on that forecast, the fiscal ana- new technology and our commitment Mr. CONNOLLY of Virginia. Mr. lysts in Michigan have projected that to not only reducing our carbon foot- Speaker, I thank my colleague from our unemployment rate will reach 17 print but to creating jobs. New York, Mr. TONKO, and I thank my percent. That is really horrific, and for b 2015 colleague Mr. SCHAUER from Michigan every family experiencing that, that’s for his passion about the situation, the I’m optimistic about what we can do. 100 percent unemployment and very, deteriorating situation in the great It’s going to take all of us, Democrats very devastating. State of Michigan, and the hope a So our State has lost over 400,000 jobs and Republicans, to work together green economy brings to that situa- since the turn of this century, and we with our President to make sure that tion. I look forward to joining with my have much to do to rebuild our econ- we make the right investments—the colleague from New Mexico, Mr. LUJA´ N, omy. right strategic investments in pro- on his take on this very important sub- I want to talk about a couple of tecting our planet and creating jobs. ject. things relating to a clean energy econ- We certainly need that in Michigan. We Mr. Speaker, although the sky is fall- omy in Michigan and around the coun- need that in every part of the country ing, you will notice I’m not wearing a try. First is in the auto industry. during this deep recession. helmet. Today, a small but organized Michigan has the highest concentra- Thank you. I yield back my time to and well-compensated group of Chicken tion and the most by number of auto- my good colleague from New York, Littles is claiming that a bill to reduce motive and advanced manufacturing Representative TONKO. global warming pollution will somehow research and development of anywhere Mr. TONKO. Thank you, Representa- wreck our economy and create lots of in the country, in fact anywhere in this tive SCHAUER. You’re absolutely right new taxes. We’ve heard it all before— continent, and that is an asset that we on with the need for job creation. The and none of it was true. must build upon. facts are there that really speak to us When Congress was considering I was at an event in my good friend so forcefully because, as you indicated, whether or not to reduce acid rain in and colleague JOHN DINGELL’s district we can better control our destiny sim- 1990, polluting industries and their paid in Ann Arbor. My district is imme- ply by focusing on job creation that is lobbyists claimed then that it would diately adjacent to his and shares American based. That we can better drive up electricity bills and destroy Washtenaw County, with a company control our destiny with the environ- the domestic economy. Neither pre- called Sakti 3. This was a company ment by moving to cleaner outcomes, dicted disaster transpired. Moreover, in that was a direct spinoff from the Uni- by having automobiles that burn more addition to the acid rain solution and versity of Michigan’s School of Engi- effectively, more efficiently, and clean- with the implementation of the Mon- neering, that this entrepreneur has de- er. treal Protocol to reduce CFC pollution, veloped the second generation of auto- Now, it’s said that if we produce 25 we also used a cap-and-trade system to motive battery technology before the percent of our electricity and our reverse the growth in the ozone hole first generation of that technology has motor fuels by renewables—by moving due to chlorofluorocarbon, once front- actually been built. to renewables to that 25 percent level page news.

VerDate Nov 24 2008 03:20 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.094 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6059 During the 1960s and 1970s, sulfur di- the U.S. Environmental Protection Agency that global warming poses to our qual- oxide pollution was poisoning rivers (EPA) states that sulfur dioxide and nitrogen ity of life and long-term economic and streams across America, while in- oxides (NOX), in their various forms, lead to prosperity. That debate, manufactured flicting damage on infrastructure and the acidification of lakes and streams ren- by the polluters who want to continue dering some of them incapable of supporting to pass along their costs the average some of our most famous public art, to aquatic life. In addition, they impair visi- say nothing of deforesting huge swaths bility in national parks, create respiratory Americans, is not taking place in com- of woodlands here in the United States and other health problems in people, weaken munities across America. The vast ma- and North America and in Europe. forests, and degrade monuments and build- jority of Americans understand that This pollution came from some of the ings. global warming is real and it threatens same sources that are emitting global The electricity sector emits approximately not only distant ecosystems, but neigh- warming pollution today, including two-thirds of the SO2 emissions in the United borhoods and ecosystems all across our coal-fired power plants especially. In States. To address these emissions of SO2, great country. the Clean Air Act Amendments of 1990 added Most importantly, Mr. Speaker, our 1980, polluters released over 17 million a cap-and-trade program to the Clean Air tons of sulfur dioxide into the atmos- Act (42 U.S.C. 7401 et seq.). The object of the constituents understand that inaction carries very high costs. We cannot af- phere. Since implementation of a cap- program is to reduce SO2 emissions to 8.95 and-trade program—yes, a cap-and- million tons, compared with 17.3 million tons ford to let polluters pass along their trade program that we adopted, legis- emitted in 1980. From the beginning of the costs to average citizens. For the sake lated, and implemented to stop acid program in 1995, SO2 emissions have declined of our health, our children’s health, rain, we reduced acid rain pollution by to 8.9 million tons in 2007—a reduction of al- our agriculture production, our coastal most 50% from 1980 levels. communities, we must make polluters 8.9 million tons—a 50 percent cut every According to EPA, the lower SO emission year. 2 pay in order to avoid what would oth- levels from the power sector have contrib- erwise be catastrophic impacts of glob- When Congress was considering cap- uted to significant air quality and environ- ping acid rain pollution in 1990, pol- mental and human health improvements. In al warming. luters claimed that such a cap would its 10-year report in 2004 on the program’s We know from past experience we can drive electricity prices through the progress, EPA listed the following accom- achieve dramatic reductions in air pol- roof and cripple the economy. Sound plishments: lution that save money for the average familiar? In fact, the acid rain cap-and- Led to significant cuts in acid deposition, American while improving our quality including reductions in sulfate deposition of trade program has saved $40 in costs of life. about 36 percent in some regions of the Many Americans, Mr. Speaker, re- for every dollar spent on pollution con- United States and improvements in environ- member a time when the ozone hole trols. This 40–1 cost to benefit ratio mental indicators, such as fewer acidic was growing, raising the threat of skin saves Americans $119 billion every lakes. cancer and other health problems, year. Provided the most complete and accurate while damaging the environment. Such Each dollar that we don’t have to emission data ever developed under a federal a large problem seemed difficult if not spend on premature health problems or air pollution control program and made that data available and accessible by using com- impossible to address. damaged infrastructure due to acid prehensive electronic data reporting and The growing ozone hole was the sub- rain is another dollar saved and in- Web-based tools for agencies, researchers, af- ject of front-page newspaper stories all vested. By reducing sulfur dioxide pol- fected sources, and the public. across the country, amid widespread lution that causes acid rain, we also re- Served as a leader in delivering e-govern- concerns of its health impact, particu- duce ground level ozone that causes ment, automating administrative processes, reducing paper use, and providing online sys- larly with respect to skin cancer. Using asthma and other respiratory health a cap-and-trade system, again, to re- problems. By reducing sulfur dioxide tems for doing business with EPA. Resulted in nearly 100 percent compliance verse the growth in the ozone hole, we pollution that causes acid rain, we also through rigorous emissions monitoring, al- successfully tackled one of the most reduce the incidence of premature lowance tracking, and an automatic, easily pressing environmental issues this heart problems in America. understood penalty system for noncompli- country and the world has faced by es- Nor did the acid rain program hurt ance. Flexibility in compliance strategies re- tablishing a cap-and-trade system to American energy production, as pre- duced implementation costs. reduce pollution from chlorofluoro dicted. Coal companies installed scrub- A 2005 study estimates that in 2010, the Acid Rain Program’s annual benefits will be carbons and other pollutants that were bers that remove sulfur dioxide as well destroying the ozone. as other pollutants like mercury from approximately $122 billion (2000$), at an annual cost of about $3 billion—a 40-to-1 ben- We have not one but two successful their facilities. Installation of these efit-to-cost ratio. models of cap-and-trade systems right scrubbers created high-paying jobs Thus, the program has achieved its envi- here in the United States. They help right here in America, the kind that ronmental goal of reducing acid deposition, solve problems that seem too big to Mr. SCHAUER from Michigan just fin- its economic goal of reducing SO2 emission solve at the time. Today, children may ished talking about. We created new in a cost-effective manner, and achieving al- not even remember that we had to deal sources of employment for electricians most 100% compliance. It should be noted with the hole in the ozone. The fact and other skilled tradesmen to retrofit that there have been no indications of allow- ance market abuse during the implementa- that we haven’t heard of it much is evi- older coal-fired power plants. tion of the program. However, it should also dence of the success of a cap-and-trade The nonpartisan Congressional Re- be noted that the secondary market for sul- system. Let us seize that opportunity search Service has conducted several fur dioxide allowances is not heavily traded, again. reports on the efficacy of the acid rain as the free allocation of almost all allow- Mr. TONKO. Thank you, Representa- cap-and-trade program. A recent CRS ances to electric generators has reduced the tive CONNOLLY. You know, it’s just so memo, which I would introduce into need for such entities to enter the secondary good to revisit recent past history as the RECORD at this point, notes that market to meet compliance requirements. we look at just what the results of the acid rain reduction program is Today, the minority party claims we some of that progressive policy forma- nearly 100 percent compliant in pollu- can’t afford to reduce greenhouse gas tion was about. And it did have a position reduction and has not experienced pollution because it will increase costs tive effect on our environment and it any problems with market manipula- and hurt the economy. We have heard did create jobs and it did address in tion. It’s an extraordinary success these arguments before during the acid sound economic terms a stronger fu- story and a template for what we’re rain debate in 1990, and they have all ture. talking about on a larger scale, admit- been proven false. We have saved So we seem to be at a threshold, tedly, on carbon dioxide. money by cutting acid rain and pollu- again, that needs to be inspired. We [From the Congressional Research Service] tion, created clean energy jobs, and im- need to be inspired by that history that THE SULFUR DIOXIDE CAP-AND-TRADE proved public health, and achieved our perhaps was expressed and touted in PROGRAM goals of reducing pollution. Far from some measures of fear when in fact being a burden, reduction of acid rain science and technology led us through Sulfur dioxide (SO2) emissions from electricity generators and other sources con- pollution improved our quality of life. some very difficult challenges and we tribute to acid rain and fine particle con- Here in Washington, there is a great responded by creating jobs and re- centrations in the atmosphere. Specifically, debate about the reality and threat sponding favorably to the environment

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.095 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6060 CONGRESSIONAL RECORD — HOUSE June 2, 2009 that we share and maintain for coming right—will have a lot of positive con- publican presidential candidate at the generations. sequences for this economy for a gen- time was that there was a pledge to Mr. CONNOLLY of Virginia. Mr. eration to come. I would also suggest curb acid rain, and it could be fulfilled Speaker, my colleague, Mr. TONKO, is to my colleague, Mr. TONKO, that with the world’s first emissions cap- exactly right. I think there are some there’s also a very high cost for inac- and-trade system. And that resulted in who live with a static model rather tion, and that needs to be examined as what we now know to be the address than a dynamic model. And it’s all a well. Some on the other side of the that we moved forward with, the ad- zero sum game. In fact, that’s not just aisle seem to think that maybe if we dress to clean up acid rain. What’s in- how it worked. wring our hands and hold our breath, teresting with that is we’re reminded And you’re absolutely right, Mr. perhaps it will all get better or go by our friend Mr. Fred Krupp that TONKO, that when in fact we have used away. And I think there are huge costs within 5 years, the U.S. utilities cut it, we created jobs, we avoided health that don’t often get talked about asso- emissions 30 percent more than the law care costs, we innovated in industry, ciated with inaction. required. They went over and beyond and the economy moved forward in a Mr. TONKO. I believe those huge what was required from them because dynamic and vibrant way rather than costs are there, that inaction that it made sense. But not only did it make in fact contract. came through the prior administration sense, they found a way to utilize this Mr. TONKO. Well, with carbon cap- found the American households, Amer- to generate revenue. Even while in- ture and reducing the carbon impact ican families on average spending $1,100 creasing electricity generation from into our environment by having a com- more because of their dependence on coal by 6.8 percent and reducing retail prehensive energy plan, by putting to- gas, oil, electricity and what have you. electricity prices, during that same pe- gether a cap-and-invest program, we’re Just looking at this chart, which is riod the U.S. economy grew by a able to address greenhouse gas pollu- portraying a rise in the importation of healthy 5.4 percent. Even though there tion in a way that can be addressed crude oil, finds us peaking in the last were dire predictions that the program from both sides of the energy equation, several years where we’re now near 3.7 would eventually cost more than $6 bil- and from all sectors, including trans- trillion barrels of crude oil that are lion a year, it was less, 30 percent less, portation. And the energy generation, running our economy, degrading our between $1.1 and $1.8 billion. This was more efficient transmission, where we environment and finding us without all in response to making sure that we can use superconductive cable, where any sort of clever progressive agenda were able to go out and address some of there’s less line lost, making it more that really is within our grasp. Again, the concerns with some of our lakes efficient and a conservative thing to it translates into the concerns that and some of our rivers and our streams do. you expressed here this evening, Rep- and our national parks. To be able to move forward with di- resentative CONNOLLY and Representa- I have a lot of friends back home that versifying our energy mix with kinetic tive SCHAUER. And we’re going to hear like to fish, and I know that we all hydropower and what it has to offer; from another of our freshman col- have a lot of constituents that are out- with geothermal and what it has to leagues who has been on this mantra of doors people, that depend on being able offer; with the inclusion of renew- energy transformation that equates to to go out and take their kids out to ables—using our wind, our Sun, our job growth, job retention and innova- show them what the outdoors is all Earth to respond to our energy needs. tion that we can reach to with the about. The enactment of the legisla- And then, on the flip side, on the de- American know-how, the brain trust, tion in 1990 was a direct result from mand side, conservation and energy ef- the intellectual capacity that we have being able to protect some of these ficiency, where we use shelf-ready as a Nation. things, but we have to look a little fur- products to retrofit systems, make Our colleague from New Mexico’s ther back when we talk about history. manufacturing more productive and ef- Third Congressional District is Rep- In 1977 under another Republican ad- ficient, saving them money in the line resentative LUJA´ N. Representative ministration, when we talk about the of producing their products. LUJA´ N, you also have great knowledge Clean Air Act being put together, All of this is saving jobs and creating and experience. You add to that array under two Republican administrations jobs. Taking those white- and blue-col- of diversity within the freshman class, where we saw people working together, lar traditional jobs, implementing the in the Democratic Caucus that sees it where we as a Congress could come to- newly created green collar jobs, of from a regulatory perspective, but you gether and reach across the aisle and which we need to speak, and really pro- also are there talking about the need work with the President to do what ducing, I believe, that innovation econ- for jobs, jobs in your State, in your dis- was right. And as we hear from our omy that pulls us into a new order of trict, in our American economy. friend, Mr. SCHAUER from Michigan, we thinking for energy’s sake and really It’s great to yield to you, Represent- talk about the importance of job creative LUJA´ N. ation. Comprehensive energy reform, stakes a claim here in a Nation that ´ has invested for a long time in R&D. Mr. LUJAN. Representative TONKO, there’s no doubt that it will create mil- But we need now to go beyond those thank you very much. It’s very good to lions of jobs, millions of clean energy prototypes. We need to deploy into be here with a few of my friends this jobs, many in New Mexico, many in manufacturing and deploy into com- evening as we get a chance to talk to Michigan and Virginia, New York, the mercial sector use these great ideas our constituency, our colleagues and Midwest, the South, the East and the that are, by the way, being picked up maybe share some new ideas, maybe West, throughout the United States. by emerging nations and they’re using talk about some old ideas. As we’ve And this has been an area where we’ve American know-how. heard from my good friend from Vir- always led, and there’s no reason we ginia (Mr. CONNOLLY), he talked a little can’t take advantage of moving for- b 2030 bit about the act that was adopted in ward strong policy to create good jobs Mr. CONNOLLY of Virginia. My col- 1990, the Clean Air Act, which was that will make a difference. league, Mr. Speaker, made reference to strangely in response to a campaign I would like to point us to something John Kennedy’s call to put a man on pledge from a Republican President that China is doing. We heard from my the Moon by the end of the sixties. that we had. This was a campaign friend Mr. CONNOLLY about this. Doing Think about the positive externalities, pledge that was made during the 1988 nothing means that we fall further be- the positive consequences of that inno- election. We hear sometimes from hind China and Europe and even Japan vative decision and innovative invest- some of our colleagues that the idea of and Germany as we talk about the ment. Think of the technologies that a cap-and-trade system is this new progress that they’ve made in this spe- spin off inventions, patents and eco- idea, that this is something that hasn’t cific area. But China alone is investing nomic wonders that were generated by been talked about ever before. Well, $12.6 billion in a clean energy economy that one decision to make that one when you go back to what the Amer- every hour. Nearly 40 percent of Chi- critical investment. Similarly, the in- ican people were hearing back in 1988 na’s proposed $586 billion stimulus vestments my colleague Mr. TONKO was and after the adoption of the Clean Air plan, $221 billion over 2 years, is for talking about—and he’s absolutely Act in 1990, what we heard from our Re- clean energy investments, including an

VerDate Nov 24 2008 04:01 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.096 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6061 advanced electric grid. We hear about centives are very real to me. The State need to transform that economy into what China’s doing and India’s doing. of Michigan made more than $500 mil- ways that can assume some of those Well, they’re investing in this area. lion in incentives available to prospec- gaps that have not been addressed. I And if we, as a country, don’t get ahead tive advanced battery manufacturers. know, coming from a State that I will of this and create jobs and make in- The State of Michigan has already at- talk about in a while, about the invest- vestments in clean energy and do tracted four of these advanced battery ments we’ve made in our region. It was what’s right for the American people, manufacturing companies. They plan without that sort of broader com- we’re going to fall behind, and we can’t to invest $1.7 billion—with a B—and prehensive plan coming from the Fed- afford to do that. create more than 6,500 jobs. eral level. I think while we are a di- I look forward to being here this Now, to stand here the day after Gen- verse freshman class, and we cover the evening and visiting with our friends as eral Motors announced some very dif- map of the U.S. rather well as a new we get a chance to talk a little bit ficult cuts in my State and in other class, even amongst our diversity, more about the benefits, about the States around the country, the pros- there is that common thread that we positive things we can do and the im- pect of 6,500 jobs from advanced bat- understand, that the American public portance of coming together, as was tery manufacturers to propel our vehi- stated clearly through the election. We done in 1990, as was done in 1977, to cles with clean energy to reduce our want change. We want reform. We want make sure that we’re able to pass and carbon footprint is exactly what we production. We want productivity, and adopt responsible legislation that will need to be doing. we want things to happen. And these make a difference for the American I will mention one other thing that I are the things that can happen to the people and for this great Nation of have been working on in my office, and very good. ours. I gather each of my colleagues here To the freshman Member, Represent- Thank you very much, Mr. TONKO. have been working with companies in ative CONNOLLY, you are coming from a Mr. TONKO. Representative LUJA´ N, their States. We all have assets regard- State that, obviously, is a large State, well said. Whoever, whichever country less of our region. Some are sunnier. that hears the issues that are expressed emerges from this race for energy inno- Some have stronger winds. In Michigan out there. And you’ve been a very vation will become that go-to nation. we have the most fresh water shoreline strong and forceful voice on behalf of And what a chance we have out there in the country that we need to take ad- reform and change. Your perspective to really create a new era of job cre- vantage of from an energy standpoint. again on job growth? ation and to strengthen our economy But I’ve also been working with some Mr. CONNOLLY of Virginia. I thank nationally and to export talent in a wind energy companies and solar en- my colleague from New York. I’m way that will strengthen every region ergy companies. There is a company in struck by listening to you, Mr. TONKO, of this country. It’s about that job my hometown of Battle Creek that is and you, Mr. SCHAUER, especially on growth. It’s about job retention and, developing a facility to build the state- the whole issue, for example, of ad- more importantly, job creation, em- of-the-art photovoltaic material. I vanced battery research. bracing that investment that we have think to the credit of President Obama made through academia, that we have and through the work of the American b 2045 made through the private sector R&D Recovery and Reinvestment Act, we components. will move more aggressively to see The enormous extraordinary poten- Just recently I was with the GE lead- that our Federal buildings—and I’d like tial of an innovative investment, when ership as they announced the plans to to see that include our military build- we look at advanced lithium batteries build an advanced battery manufac- ings—use that photovoltaic material to for example and the impact potentially turing center in Upstate New York, and reduce energy costs. That’s a job cre- on your home State, Mr. SCHAUER, of they’re doing that with a commitment ator. And certainly with a company Michigan, in particular it could com- to a battery type that can be used for like United Solar Ovonic that’s build- pletely revolutionize the automotive heavy vehicles, that can be used for en- ing a facility in my district, that’s a industry and once again put the United ergy generation and for intermittent job creator. But I’ll mention briefly, States at the edge, the competitive energy storage. That then takes us to a before I yield to Representative edge and the dominance of the auto- whole new area of opportunity, a key CONNOLLY from Virginia, that wind en- motive industry as in years past. That that unlocks the doors to vast poten- ergy in a State like Michigan provides advanced battery research has the po- tial that then can transition this whole incredible job opportunities. I am tential to create a plug-in hybrid, for way that we respond to our energy working with a company that is an example, that gets on average the needs and create jobs at the same time. automotive supplier, that is one of equivalent of 100 miles per gallon. If Let me yield to Representative those shops that’s been in business for every vehicle on the roads in the SCHAUER because I know, again, his multiple generations. In this case, in United States, just as an example, ac- real passion here for his State of Michi- Eaton County, the company is called tually could average 100 miles per gal- gan, his home State, is to talk about Dowding Industries in Eaton Rapids. lon, we could virtually eliminate the those jobs that we can create. They made the leap about a year ago to need for foreign oil imports in the Mr. SCHAUER. Thank you, Rep- start building windmill turbine hubs, United States with just that one inno- resentative TONKO. I want to tell you creating new jobs. They partnered with vation. That is the power of advanced about what can happen when govern- a company to build the machining. battery research. ments work together with the private They’re the industry standard. But Similarly, and you mentioned it, Mr. sector. Obviously the ideas, the innova- they’re ready to do more, and they’re TONKO, the potential of new batteries tion comes from the private sector. It’s talking about creating thousands of to store power could transform the often led by our great universities, and jobs with a new technology to build solar panel industry and suddenly we all come from incredible States. wind turbine blades right in a State make solar affordable and accessible to But the State of Michigan has an that has lost hundreds of thousands of residents and commercial entities amazing system of public universities, jobs due to the decline, the trans- alike. And I had reason recently to public higher education. I’ve talked formation of the auto industry. So this look at the German experience before I about the University of Michigan a lit- is about energy policy. But to me, this came to Congress. In Northern Vir- tle bit. There are others, including is about economic policy and jobs pol- ginia, we have a sister relationship Michigan State University, that are icy. with the Stuttgart region in Germany, doing amazing things in biofuel and I thank the gentleman from New and we went and we looked at a com- bioenergy. But I want to tell you what York for the opportunity to talk about bination of solar and geothermal as an can happen when everyone makes a jobs, talk about Michigan and talk alternative to high utilization of fossil commitment to developing these new about energy policy. fuels. And these two renewables domi- energy technologies. Mr. TONKO. It was a pleasure. nated huge swaths of Germany that we Having recently come from the Representative SCHAUER, you said it visited: Berlin, Hamburg and Stutt- Michigan legislature, some of these in- well. It is the transitioning, that we gart.

VerDate Nov 24 2008 03:20 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.097 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6062 CONGRESSIONAL RECORD — HOUSE June 2, 2009 Now, Germany is not known for its the great honor of serving in this Con- from sea to shining sea, as the Presi- sunny climate, and yet they are mak- gress to so many wonderful people, I dent likes to remind us. ing it work with a combination of Fed- did serve on the New Mexico Public For the first time, what is inter- eral incentives and a lot of research Regulation Commission. And we were esting to my friends here this evening, that has made the deployment of solar one of many States who adopted a re- my colleagues, for the first time we practical for Germany. And I believe newable portfolio standard, standards have utility companies and corporate that the advanced battery research which will require utilities to generate leaders who are joining, not opposing, that we funded in the stimulus bill ear- more power from the sun, from the environmental advocates and labor lier this year in the American Recov- wind, being smarter about the way we leaders to create a new system of clean ery and Reinvestment Act of 2009 holds generate power. And when we talk energy jobs. We were reminded of this enormous promise, similar, Mr. TONKO, about the American Energy and Secu- from our President last week. It is to that call to put a man on the moon rity Act, about making sure that we amazing what can happen when people over 40 years ago. are looking after our Nation’s security, come together. Mr. TONKO. Most assuredly, Rep- when you look at the chart which We have an opportunity now, again, resentative CONNOLLY. And you speak shows so much of our Nation’s money, to act responsibly for the American of the impact that Germany is making billions of dollars, hundreds of billions people to come together, come to- with perhaps lesser solar hours avail- of dollars going to other nations that gether as a Congress and make a dif- able to their situation. While at aren’t friends of the United States, we ference, come together and create more NYSERDA, at the New York State En- have to wonder why aren’t we moving jobs, invest in science, technology and ergy Research and Development Au- forward with the commitment and will change the way that we do things, but thority, at I believe our third con- to bring about the change that is re- change them for the better. ference on green collar workforce de- quired? This provision includes enact- Mr. CONNOLLY of Virginia. I wonder velopment, we were visited by rep- ing a provision where we will encour- if my colleague will yield for a ques- resentatives from 33 States and four age more renewable generation across tion. nations, including Germany. They the United States. It is going to en- Mr. LUJA´ N. Absolutely, Mr. talked about the particular niche they courage more energy efficiency stand- CONNOLLY. were creating for plumbers in Germany ards and building standards that will Mr. CONNOLLY of Virginia. I heard to do hot water solar arrays where you make a difference. your eloquence and I heard you talk, could address those hot water needs This last week, on Monday, before I Mr. LUJA´ N, about the high cost of oil through solar panels. came back to Washington, I had the imports. Sometimes I want to have us We know also, through the stimulus great fortune of visiting a new high focus on the other side of the equation, package, the opportunity to shave that school being built in one of the cities what are the costs of inaction? You priceyness from solar activity PV by in my district, in Rio Rancho. It is a talked about how, in 1977, President thin film advancements along with the large high school, but it is a high Jimmy Carter came into office, but intermittent battery storage issues. So school that was built with energy effi- prior to that, in the Nixon-Ford years, there is great potential out there that ciency in mind, with smart building the United States had committed itself is yet untapped, or undertapped, that standards. And the increase in cost is to energy independence. Is that not should motivate us, should challenge actually going to be regained, and it is correct? us to really move forward with a com- going to be seen within 5 years, a 5- Mr. LUJA´ N. That is absolutely true, prehensive plan that is well structured, year paydown of the investment. This Mr. CONNOLLY. that deals with carbon capture, that means better lighting for our students, Mr. CONNOLLY of Virginia. And how mentions both the supply and demand a stronger learning environment. It is did that turn out for the United States side of the equation, and to go forward what is right. And that is what this act of America? in a way that structures and imple- will do. Mr. LUJA´ N. We saw what resulted ments the policy that then shows We heard about the importance of after the adoption of the act in 1990. sound leadership. That is what we are education. In New Mexico, we have a The economy actually increased from looking at here. We have a President few colleges, the National Wind Re- about 5.4 percent. We saw growth in the who gets it, a President who talks search Center in Tucumcari, at the economy. We saw utility companies about innovation, who talks in a way Mesa Lands Community College, work- making wise decisions in investments that will allow us to be creative and ing on wind research and turbine re- and creating jobs. put the academic notions of this soci- search in agricultural parts of my dis- Mr. CONNOLLY of Virginia. But with ety to work. That, to me, is tremen- trict where ranchers and farmers are respect to energy independence, is it dously strong. The expression of inno- excited about seeing these wind tur- not true, Mr. LUJA´ N, that instead of vative ideas can really inspire our Na- bines pop up around New Mexico. This creating energy independence that the tion. is the kind of investment that we are United States became more energy de- The Speaker, the leadership of this talking about, job opportunities and pendent on foreign oil? House and the membership of this revenue streams that will make a Mr. LUJA´ N. That is absolutely cor- House is there ready to move forward world of difference: the investment rect. to progressive outcomes. And that, I that is being made in our laboratories Mr. CONNOLLY of Virginia. Doesn’t think, speaks to sounder environ- where the gains can be made to solve that underscore the reason and the im- mental outcomes, sounder economic the storage problem so we can see more perative nature of why we need to take outcomes and a stronger energy policy, robust generation when it comes to reaction now? crises that are addressed in one fell newables, job creation, investments in Mr. LUJA´ N. If we, as a Nation, don’t swoop of activity with public policy. science, investment in our schools and take action now and utilize these dol- Representative LUJA´ N, you have how we can go tie that education gap lars to invest in American jobs, in solv- joined us this evening, for which we are together from K through 12 to college, ing our dependence on foreign oil, talk- most grateful. You have a regulatory to our laboratories, bringing everyone ing about our Nation’s security, we aspect that you have borne before your together. couldn’t be more right. And as we talk involvement here in Congress, which is This last week we heard from the about our Nation’s security, what has always helpful. But you also seem to President, and he said, ‘‘I have spoken happened to the economy, we need to have that tremendous passion for repeatedly of the need to lay a new create the jobs to be able to provide op- thinking outside the barrel, if you will, foundation for lasting prosperity.’’ portunities for the American people, in a way that will reduce that glut- That is what we are talking about make sure that we are changing the tonous dependency of this society and here, a foundation for new prosperity. way we are going to generate power, this economy on foreign imported oil. We, as a Nation, will lead again. We move power, consume power, be smart- Mr. LUJA´ N. Mr. TONKO, we talked a will work with the rest of the world. er about the way that we do things. It little bit about my background. Before We will make sure that we are pro- is all wrapped up in one, Mr. CONNOLLY, I came to Congress, before I was given viding job opportunities for Americans and I couldn’t agree more.

VerDate Nov 24 2008 03:20 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.099 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6063 Mr. CONNOLLY of Virginia. Mr. tial if we allow for policy to take hold. to talk about change, there’s a whole LUJA´ N, I just want to echo, if I may, And that is what the moment is about lot of change here. what you just said about national secu- and leadership expressed in the great- This is a very, very significant pro- rity. It is another cost to the United est, boldest green upturns. posal that’s being made in terms of the States. Every year, because of our Mr. LUJA´ N. Mr. TONKO, I would be size of the tax that’s involved, and the growing appetite for foreign oil, we are remiss if I didn’t include the faith com- proposal that we’re actually going to putting money into the hands and into munity. They came together and they change the climate of the world by the pockets of many countries who wrote a letter to the members of the some of these different things that are don’t necessarily have American inter- Energy and Commerce Committee, the going to be done by the government, a ests at heart. Is that not true? Coalition on the Environment and Jew- very interesting thought. Mr. LUJA´ N. That is absolutely true. ish Life, the Episcopal Church, the And so I thought, when we talk about And we saw with some of the charts Evangelical Lutheran Church of Amer- global warming, there’s a little bit of that Mr. TONKO was sharing with us, as ica, the National Council of Churches the story that I think has been forgot- we see what is happening with the U.S. USA, the United Church of Christ, Jus- ten. Some of it, not surprisingly, is the imports of crude oil, we see what is tice and Peace Ministries, and the history of what’s going on. I’d like to go back just a little bit in what’s been happening, you go back to the time pe- United Methodist Church General riod we are talking about here, Mr. going on. Board of Church and Society. They Let’s go back to the year 1920, when CONNOLLY, you go back here to 1977 and said, ‘‘The American Clean Energy and newspapers in the 1920s were filled with you see some of the changes that re- Security Act lays a necessary founda- scientists’ warnings of a fast approach- sulted and going forward with what has tion to begin addressing the global cli- ing glacial age. The Earth was going to happened with imports and what can be mate crisis. We urge you to oppose any get cold. And so you had to really be done here. What didn’t we learn when attempts to further weaken the bill as stocking up on extra coal and over- we saw these increases and spikes it goes through committee and con- coats and things in the 1920s. starting in the 1970s there? We have an tinue moving this legislation forward In the 1930s it seems that the sci- opportunity to learn and to make a dif- while working to strengthen key provi- entists changed their opinion, and they ference here. sions and ensure a just and sustainable reversed themselves, that there was And I know that Mr. TONKO had the future for all of God’s Creation.’’ going to be serious global warming in other chart there, and I will yield to Understanding how we can work to- the 1930s. Mr. TONKO to be able to explain what gether again, Mr. TONKO, it is truly By 1972, Time magazine was citing has happened with the dollars again. amazing, and it is great to see that we numerous scientific reports of immi- Mr. TONKO. Mr. CONNOLLY, this can come together to get great things nent runaway glaciation. So it’s going chart says it all, what you’re raising as done. to get cold again. a very strong concern. Somehow there Mr. TONKO. Thank you, Representa- In 1975, Newsweek reported that the is a willingness to spend, export $475 tive LUJA´ N and Representative scientific evidence of an ‘‘Ice Age’’ billion out of the U.S. CONNOLLY. called to stockpile food. And we also When you think about the impact Representative SCHAUER, we are were even engaged in discussions about that has on our economy, the jobs that going to let you close our hour here be- melting some of the Arctic ice cap or could be created if we relied on Amer- cause we are running out of time. something because of this Ice Age that ican-produced power, if we put Amer- Mr. SCHAUER. Thank you. This is was readily, eminently approaching. ican brain trusts to work, what why we are here. I came to Congress to By 1976 the U.S. government said the couldn’t happen? Might we not see this help fight for Michigan’s economy, Earth is heading into some sort of mini as a tax, a situation that finds us deal- help move our country in a new direc- ice age. And now we have back again, ing with a dreadful blow to our econ- tion, and energy policy is going to help global warming. In fact, global warm- omy and impacting in strong negative us do that. We have touched on so ing is even getting a little bit out of fashion now, and people want to talk measure our environment which we many of those pieces this evening. As about climate change. It’s a little safer borrow and need to send on to the next new Democratic Members of the U.S. to talk about climate change because generation in even cleaner format? House of Representatives, we will con- you’re not predicting whether it’s So when I look at the small micro- tinue to lead to make sure we invest in going to get colder or warmer. But cosm of the country expressed by the our country, invest in protecting our 21st Congressional District in New anyway, we’ve had some considerable planet, and invest in new clean energy amounts of disagreement, depending on York, I see so many opportunities that jobs in this country. require that overlay of energy policy what year you’re on. So we go back and Mr. TONKO. Thank you so much to forth. It’s either going to be the sky is and energy resources from a Federal my colleagues from the freshman class, perspective. And that is why the Presi- going to fall because it’s going to Mr. Speaker. I yield back the remain- freeze, or the sky is falling because it’s dent and the leadership in the House, der of our time. the Speaker and our Chairs and our going to get warmer. f So we have today this whole subject rank-and-file Members are to be en- of global warming. That’s what the couraged, I believe, to move forward on CALCULATING YOUR SHARE OF most common term that you hear now- this matter. ‘‘CAP-AND-TRADE’’ adays is global warming. And I think We have, within the 21st New York The SPEAKER pro tempore. Under the facts of the matter are that there Congressional District, semiconductor the Speaker’s announced policy of Jan- has been a considerable amount of dis- investments, nanoscience investments, uary 6, 2009, the gentleman from Mis- agreement, depending on which decade emerging technologies all on a green souri (Mr. AKIN) is recognized for 60 you’re living in. campus, R&D investment centers minutes as the designee of the minor- I’m joined this evening by some very through General Electric’s emerging ity leader. good friends, some respected col- wind institute that will also embrace b 2100 leagues, a medical doctor, as a matter other renewables with their of fact, and another gentleman from ecomagination situation and private Mr. AKIN. Good evening, Mr. Speak- Pennsylvania, a very big coal and en- and public sector campuses that are in- er. It’s a pleasure to join you and to ergy producing state. We’re going to be vesting in R&D. We have superpower take a look at a very interesting topic chatting with them in just a minute. which is breaking its own record in today. The whole idea of, it’s kind of a But I thought it would be appropriate superconducted cable development that combination of thoughts, first of all, just to kind of lay down, first of all, can be used to transmit far more elec- the idea of global warming, and then historically some of the differences of trons over similarly sized traditional how that relates to this cap-and-tax opinion, depending on which decade cable. bill that we’ve been hearing more you live in. So all of this is there as an undercur- about, and exactly what’s behind all of The general theory today, the way it rent, an underpinning of support that this discussion, because what we have works is the idea that mankind is cre- can then blossom into its fullest poten- here is something that is, if you want ating CO2. We do that when we breathe,

VerDate Nov 24 2008 03:25 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.100 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6064 CONGRESSIONAL RECORD — HOUSE June 2, 2009 so there’s not much scientific argu- the majority party here, it’s not so ating. And so the question is, in terms ment about that. There are other ways much based on real science as political of leverage, does this little red dot over that CO2 is produced as well. Whenever science or even, to some degree, here have that much impact on the cli- we make a campfire we produce a cer- science fiction. And so, to look at why mate? tain amount of CO2 as we burn some this—and I looked at every piece of leg- And this is, I don’t think anybody combustible with the oxygen in the air. islation in terms of cost benefits. And disputes the percentages of these gases And the theory is that this CO2, be- when we look at the benefits of this, I and the mixture. So the question then cause we’re burning so much in the think human activity, it’s acknowl- is, is this stuff that we’re doing really way of hydrocarbons, now is actually edged, does contribute towards carbon that important? affecting the environment. And so dioxide emissions. But it’s less than 4 And you just said the forest fires, we’re going to take a look at that. percent. To put that into perspective, which were created by poor environ- And the question is whether or not, forest fires, wildfires contribute 10 per- mental policy by the way, a lot of really, this CO2 is affecting the envi- cent of CO2 emissions. And so not even them, because we’re not allowed to ronment. I think most scientists agree with the debate of, you know, are we clean that brush out, the underbrush, that when we create or when we warming the Earth or not warming the and then it burns everything and burns produce CO2 it has some impact on the Earth, there’s a lot of smart folks out Bambi and snowy owls and everything environment. The question is how there that are publishing research or else because we didn’t want to clear much. And then it’s also a big question earning their dissertations based on de- the brush out, and that’s generating, as to whether or not there’s anything bating that science. But what the ex- what is that, 21⁄2 times more than all of we could really do about that in a prac- perts agree upon, the researchers agree the coal and oil and things we burn. tical sense, or are there any sort of is, human activity is less than 4 per- I didn’t mean to interrupt you, but I cost-effective solutions. And of course cent contributes towards CO2 emis- think it’s important for us to stick on there is a solution that’s on the table sions. what science, what really does science that’s being proposed. It’s a cap-and- You know, in terms of the cap-and- say. And this is not an easy thing for tax bill that’s being proposed by the trade, cap-and-tax that we’re dis- any scientist to figure out, is it, be- Democrats. And it follows the pattern cussing—— cause what’s happening is there’s all of most Democrat bills, and that is, Mr. AKIN. Could I interrupt you just sorts of things that play together, and I’ve got a great big whopping tax in- a minute because I thought you were so, the CO2 we generate could be warm- crease, and it has a whole lot of gov- on a rather important topic, because ing the planet some, but it could be ernment regulations. the whole crux of the idea for this huge also that we’re in a time where the If we go back in history a little bit, tax proposal and all kinds of sweeping planet is growing colder. So all of that, history is an amusing thing to take a changes and government power and in- we don’t really understand that to- look at. One of the things that history fluence and regulation is based on the tally, do we? tells us is how effective the U.S. gov- fact that CO2 is such a bad thing, and Mr. THOMPSON of Pennsylvania. I ernment is in solving these kinds of it’s based on the assumption that the think the gentleman points out an im- problems. CO2 that we’re releasing by burning portant point. These are all based on We created a thing called the U.S. fossil fuels is creating some kind of a models and strictly speculation. Department of Energy. Maybe a lot of problem. I mean, that’s the whole Mr. AKIN. Some of the models said people know we have a U.S. Depart- linchpin that this debate is going that we’re going to have surf at the ment of Energy, but they may not re- around. front steps of the Capitol pretty soon. call why it was that the Department of And yet you have, here’s kind of an I was really looking forward to that. Energy was created. Well, the fact of interesting quote here. And I think I’d Go ahead. I yield. the matter is the Department of En- like to get into this just a little bit. Mr. THOMPSON of Pennsylvania. ergy was created so that we would not Here’s a former U.S. Senator and he Well, and the purpose overall of this is be dependent on foreign energy. And says, we’ve got to ride the global to really eliminate all energy other so, for years we’ve added more and warming issue. Even if the theory of than green energy. And today, I mean, more employees to the U.S. Depart- global warming is wrong, we’ll be doing the energy sources that are only seen ment of Energy so that we won’t be de- the right thing in terms of economic as viable by the majority party under pendent on foreign energy, and each policy and environmental policy. cap-and-tax are, frankly, solar and year we become more dependent on for- So, in other words, there’s a solution wind. And today, that represents less eign energy. So it’s amusing to postu- that they have in mind, whether global than 1 percent of meeting our energy late that we’re going to solve this prob- warming is going on or not. And the needs in this country. lem using a lot of taxation and a gov- thing that’s been embarrassing, you’ve So say we work real hard and we give ernment solution. noticed we don’t hear as much global it that Manhattan Project, and we ab- I think the Republicans—I’m a Re- warming. We hear climate change, and solutely double that, the energy capac- publican, my colleagues that are join- the reason is because the planet has ity of solar and wind, well, that’s 2 per- ing me tonight are Republicans—I not really been warming the last num- cent. We still have a huge gap that this think that we prefer a more free enter- ber of years as all of these economic country has that we need to be able to prise kind of solution, and we want to models were saying that it was going fuel our vehicles, heat our homes. take a look at the premises behind to. And that doesn’t necessarily mean And I’m from a very rural district. what we’re talking about. the CO2 that we’ve generated hasn’t The folks in my area, we have some I’m joined by my good friend, G.T. created some warming. It just seems pretty harsh, frigid winters, and we THOMPSON. He’s from Pennsylvania. I’d that the world climate is more con- need to heat our homes. We commute like to recognize Congressman THOMP- nected to sunspot activity than these in my home for work, for groceries. SON, who is already making himself a other things. You know, frankly, a lot of folks in my name here as being a very feet-on-the- But here you’re just talking about area commute just to pick up their ground, commonsense kind of guy, has the effect of CO2, and I thought this mail. And the cost of cap-and-tax, I bean intuitive sense for free enterprise, was interesting. This is how much does lieve, is projected, well, with, just on and also potential dangers that come the human activity affect greenhouse gasoline alone to increase by over 70 from this idea of we can solve all the gases? The block in light blue here rep- percent. problems with a great big whopping tax resents all the greenhouse gases, which Mr. AKIN. I appreciate your bringing increase and government regulations. comprise only 2 percent of the total at- that up, and I’d like to get into that Please, I yield time. mosphere. So this is all the greenhouse just a little bit more as we move on Mr. THOMPSON of Pennsylvania. gases. this evening into that area, about the Well, I thank the gentleman from Mis- And that yellow block over there on Democrat proposal, what it does to souri. Your overview of this, your ref- the end is the CO2. And the little tiny people’s costs, average costs. erence to real science is refreshing. In red block inside the yellow block is the But we’re also joined by a good friend the debate and most of the debate of part that our human activity is cre- of mine, Dr. FLEMING. And people that

VerDate Nov 24 2008 03:25 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.101 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6065 have a technical or scientific back- speculate about. It has been tried. We tory or a company that perhaps owns a ground are a little rare in the Cham- can say: here is what happened in factory, he has to find the most cost-ef- bers here. So to have actually a guy Spain. Do we really want to reproduce fective location for that factory. Other- who’s passed high school science is tre- this or not? wise, he can’t compete in the world- mendously helpful. And Dr. FLEMING is I didn’t mean to interrupt you, Doc- wide economy. We know today that from Louisiana. tor. Please continue. this is, indeed, a worldwide economy. I’m a misfit in politics. I’m an engi- Mr. FLEMING. Thank you. To sort of We can’t get away from that fact. neer by training. I don’t know how gear down to the real topic tonight, I Just today, a Chinese company they ever—there’s few of us in here heard talk from the other side of the bought Hummer—a portion of General that are engineers. aisle this evening about terms such as Motors. So we know that to be true. But Dr. FLEMING, I would be encour- ‘‘investment,’’ which really, to me, is a Well, we actually have received a divi- aged if you’d join us too in our discus- code for tax, and also ‘‘jobs’’ or ‘‘green dend from Spain going down this road. sion. jobs.’’ We’ve actually had companies coming Mr. FLEMING. Well, thank you. And Mr. AKIN. You have to translate. to the U.S., and we’ve actually gained I want to thank my friend, of course, ‘‘Investment’’ means we’re going to tax jobs as a result of Spain’s having gone from Missouri for having this hour dis- you. down this cap-and-trade boondoggle. cussion, very important discussion, Mr. FLEMING. Exactly. Exactly. Mr. AKIN. If I could just interrupt coming right at the heels of our class- Mr. AKIN. Thank you, Doctor. and go over to my good friend from mates from the other side of the aisle Mr. FLEMING. Also, it was very in- Pennsylvania, to Congressman THOMP- speaking on the same subject, but with teresting that the discussion hinged SON, let’s flesh out this idea. a different opinion. somewhat on the fact that this invest- If you do this solution that the I also thank my fellow Republican ment creates more jobs and that it cre- Democrats are proposing, which is a cap-and-tax or a cap-and-trade or what- classmate, Mr. THOMPSON from Penn- ates revenue down the line. If you lis- sylvania as well for his discussion. ten closely to the discussion, what you ever you want to call it, how does that Well, let me just point out that, you hear is really good old-fashioned sub- end up with our losing jobs? Let’s go know, you don’t have to be detailed in sidies. That is, whenever the govern- through that very specifically so that the science to understand one empir- ment is subsidizing forms of energy people can understand it, because ical fact, and that is, this globe has that are not cost-effective at this point that’s what we’re talking about. That’s warmed and cooled several times in its and whenever the technologies are not what happened in Spain. Let’s go through that model and identify where life before there was the first emission there, what we really get is a pass- those jobs went. of fossil fuels. through of taxpayer dollars that goes The brag that the Democrats were So, that being said, we already have into what I would call artificial, or pa- saying an hour ago was that they’re proof positive that the Earth can warm pier mache jobs, so-called ‘‘green jobs.’’ We’ll learn from the Spanish experi- going to create jobs and that every- under its own circumstances and its thing is going to be better. Yet the own environment and its own test ment that has been going on now for 10 years that, for 2.2 jobs that are lost, very thing they’re proposing in Spain tube, if you will. And you just men- has gotten them to 17.5 percent unem- there is only one so-called ‘‘green job’’ tioned sunspots and other activities. ployment. Let’s go through how that gained. That job 90 percent of the time There are many things that go into the happens. global warming effect and global cool- is in implementation and construction. Can you please help us with that, It is not a continuous job. ing effect. Congressman THOMPSON? And as you say, now that we’re not Mr. AKIN. Reclaiming my time, as Mr. THOMPSON of Pennsylvania. able to accurately actually predict for the green jobs that are being talked Sure. I think the important baseline on that the globe is warming, now the about, we’re going to create all of these that 17.5 percent unemployment today whole issue is changing to climate green jobs in Spain. They call them in the country of Spain is the fact that, change, so that whatever happens dif- ‘‘subprime jobs,’’ you see. This is the when cap-and-trade was instituted, it ferent than what it is at this moment same old warmed over Keynesian eco- was 7 percent. Unemployment was 7 can somehow be blamed. nomics that we’ve been hearing since percent. the days of FDR. That is, if the govern- b 2115 Mr. AKIN. So they’ve driven it up 10 ment taxes everybody a whole lot and percent. Mr. AKIN. Just reclaiming my time, takes the money and pays people to do Mr. THOMPSON of Pennsylvania. somehow or another, this whole thing stuff, then we’ve somehow created jobs. Over 10 percentage points is the out- strikes me, if it weren’t so serious, as The trouble is, when you tax them, come. Those really are the only two being a comedy. You know, we just you have prevented other jobs from major outcomes that I see of cap-and- went from winter to spring in Missouri. being created. So, in effect, what trade—higher unemployment and high- When we go from winter to spring, you’ve done is, yes, you’ve created er energy costs. that’s a good climate change. I don’t jobs, but you’ve lost 2.2 jobs. So what In terms of the job losses, that’s what want to stop that climate change, you sort of math is that? That’s not a very this bill is all about. This is a jobs bill. know. Who in the world would want to good mathematical formula. So there’s They’re correct on that part; but, un- put politicians in charge of the weather this talk about green jobs. In Spain, fortunately, it’s a job loss bill. You anyway? What a dumb idea. Anyhow, they call them ‘‘subprime jobs,’’ and know, they talk about all of the green we need to be a little bit serious be- they’ve now got, I think, 17.5 percent jobs that were created in Spain as a cause this is a tremendous tax that unemployment as a result of this nifty part of cap-and-trade and the proposal we’re talking about, a tremendous re- project that they’re doing to get rid of of cap-and-trade here to create jobs. moval of freedom away from Ameri- CO2. The trouble is, even measured on Well, in Spain, for every 10 green jobs cans, and it is a tremendous invest- the face of it, they’re making more CO2 that were created, mostly related to ment in more and more big government than they did before, so it isn’t work- solar or to wind, only one was sustain- solutions. That is extremely scary in ing. able within that economy by the indus- spite of the fact that the science seems Anyway, proceed, Doctor. try that paid for that job and for its to be a little bit amazing. We’ll get Mr. FLEMING. Well, just to extend implementation. As my colleague from into that, too. that a little further, where are these Louisiana talked about, nine out of I was just recalling that my friend jobs going? those 10 jobs are still around today be- from Pennsylvania was here with the It turns out that some of the Spanish cause the country of Spain doesn’t guy from Spain, I think it was, 2 weeks jobs have come to America because we want to see unemployment driven ago. They were talking about how understand that the net effect of tax, higher. Spain has driven this cap-and-tax, and or cap-and-trade, or cap-and-tax as we So how do they hang onto those nine they were talking about what has hap- call it, is that there is a higher cost to out of 10 jobs? It’s a subsidy bubble. pened, and we’re going to get into it. produce goods for manufacturing. So as There are tens of billions of dollars an- So it isn’t something we’re going to a result, for someone who owns a fac- nually that the country of Spain has to

VerDate Nov 24 2008 03:25 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.102 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6066 CONGRESSIONAL RECORD — HOUSE June 2, 2009 infuse into the alternative energy in- free enterprise. Yet we’ve got this De- codels. The Speaker and others rushed dustry so that it doesn’t drive their un- partment of Energy out there that was out of here to head out to foreign employment up over 20 percentage founded to get us off our dependence on places, leaving Americans high and dry points. You think about what this does foreign energy; and ever since it has with $4 a gallon regular gasoline at the to cost. There is no industry that will been founded, it has gotten worse. time. That’s when the real commit- go untouched. Any industry that uses I yield to my good friend from Penn- ment came on our side of the aisle to energy—and that’s all of them—is sylvania. say it’s unconscionable to leave this going to see significant energy in- Mr. THOMPSON of Pennsylvania. body and to do nothing for the Amer- creases and costs. Today, especially in Well, thank you, sir. ican people and to say, oh, well, we’ll these economic times and even in the You mentioned natural gas. We could take care of it in 5 weeks when we get best of times, to be competitive glob- talk all evening on different types of back in early September. That’s ex- ally and to have our costs be put up manufacturing that utilize natural gas, actly what the Democrat majority did by—I don’t know—say 30 percent or not just as a process for heating and a little less than a year ago. more, that totally makes us uncom- for energy but also as an ingredient. When I heard my freshmen colleagues petitive within the world. Natural gas is a key component in al- on the other side of the aisle talking Mr. AKIN. Reclaiming my time, let’s most any type of manufacturing. I about how wonderful this new cap-and- go through this. So in other words, want to just focus briefly on two. trade energy bill is, I think one of let’s say we did what the Democrats You know, some of the folks who them even described it as the founda- want to do: let’s do this great big tax help feed us are our family farms tion for new prosperity from sea to increase. This is a very big tax in- throughout the Nation; and I don’t care shining sea. Well, let me just tell you, crease. So what we’re going to do is es- what they’re raising or what they’re Mr. Speaker: the folks in the 11th Dis- sentially tax energy. Now, as to energy growing, many of those family farms trict of Georgia, in northwest Geor- issues within companies, some compa- use processes that use natural gas, spe- gia—in fact, in the entire State of nies are using more than others, par- cifically with fertilizer for growing Georgia, in fact in the entire South- ticularly aluminum manufacturing, crops—for growing our food. It feeds east—don’t think this is a foundation steel manufacturing, your basic, hard this Nation. When we see under the for new prosperity from sea to shining manufacturing jobs. These then sup- cap-and-trade of natural gas, it’s clean. sea. It might be wonderful for northern port lots of other burger flipping types It’s a very clean fossil fuel, but it’s a New Mexico. It might be good for up- of jobs that are very heavily energy in- fossil fuel that’s going to be punished state New York. It may be good for tensive, but also food is very energy in- and penalized under cap-and-trade. some parts of Virginia. It may even be tensive. So now what’s going to hap- We’re going to raise the cost of food for good, I guess—although I can’t imagine pen? America because of cap-and-trade and how—in some parts of Michigan, which You’re going to tax energy. When feel the impact of taxing the use of are the areas that these freshmen rep- you tax it, it means the prices go up. natural gas on our farmers. resent on the Democratic side of the The energy-producing company doesn’t Mr. AKIN. Just reclaiming my time, aisle. just pay the tax. It pays the tax, and it you know, I’ve got a chart I’d like to I want to tell you that it is not good passes it on to the consumer. So the talk to you about because we figured in the Southeast. I think my col- person who flips the light switch on or out what the size of this tax is. You leagues have already pointed out that the person who lights up his pilot light take the average per family, and we’re what the Democratic majority has to run his stove or his heater for nat- going to go in a minute and take a look done with this American Clean Energy ural gas or the people who fire up their at what it is going to cost the average and Security Act of 2009 has crammed diesel engines or their gasoline engines family every year for the next 8 years down the throats of the American peo- are paying more money. Therefore, for this $1.2 trillion tax increase. ple not a comprehensive, all-of-the- those businesses are less competitive. We’ve been joined by another doctor, above approach. It is not going to be a In being less competitive, there are a medical doctor but also a guy who foundation for new prosperity from sea more foreign people who can compete graduated from high school science as to shining sea because what it does is and who can send products into this well, from Georgia, my good friend, raise energy prices for every American country. We can’t compete against Congressman GINGREY. family by an average of $3,000 a year. them because our prices go up. So, ef- It’s just great to have you in our dis- Mr. AKIN. I can’t help but jump in fectively, we send jobs overseas that cussion this evening. Please jump in. I here. way. We’re less competitive. So the yield. Mr. GINGREY of Georgia. I would be jobs go away. Mr. GINGREY of Georgia. Mr. Speak- glad to yield back to the gentleman The government taxes everybody in er, I thank the gentleman from Mis- who controls the time. I thank him for the private sector. The money comes souri for yielding time to me and for allowing me to be part of the discus- out of the private sector. They use it to bringing to this body this important sion. hire somebody. This then displaces a hour. Mr. AKIN. It’s a treat to have you. I couple of jobs, and here we go around I was watching our colleagues on the think you brought up a couple of very, in this circle. This is basically what other side of the aisle, the Democrat very significant things. Morgenthau tried, the Secretary of the majority. I think they were mostly First of all, we stood in this Chamber Treasury under FDR. He said that freshmen who had the previous hour, just a couple of months ago and heard we’re going to raise the taxes a whole and they were praising, of course, the the President say that anybody mak- lot, that we’re going to spend a whole American Clean Energy Act and Secu- ing less than $250,000 doesn’t need to lot of money to ‘‘stimulate the econ- rity Act of 2009, and they were talking worry about any tax increases. Yet, omy’’ and that it will drive unemploy- about all of the great and wonderful this tax increase that is being proposed ment down. things that it does. happens to anybody who flips a light Then he came here to this Chamber 9 Certainly, there are some good things switch. That means you could make a years later, before the Ways and Means in the bill. I’m not going to stand here, lot less than $250,000 a year and get hit Committee, and his quote was: ‘‘We’ve Mr. Speaker, and completely criticize with a tax. tried it and it doesn’t work.’’ Those every aspect of it. Our freshmen col- This cap-and-tax—these circles were exactly his words: ‘‘It doesn’t leagues—our Democrat colleagues— here—represent different, expensive work.’’ So he said that now we’ve got spoke very eloquently, but they never things that America has bought. high unemployment and a whole lot of talked about the whole picture. I don’t taxes and a big debt to boot. know where they were. They obviously b 2130 So this is the same old tried-and-true were not Members of this body in the This is the war in Iraq and this is the Democrat scheme of raising taxes and 110th Congress when we Republicans Korean war, and you have got the gulf of creating and trusting the govern- stayed here a year ago in August rath- war over here. Over in the far right ment, of trusting that the government er than going home for our vacations, you’ve got Hurricane Katrina, different is going to run it better than would or for our August recess, or for our things like this. This is World War II,

VerDate Nov 24 2008 03:25 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.103 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6067 this big blue one. This is this tax: $1.9 Mr. AKIN. Reclaiming my time. spent $20 billion to try to increase wind trillion worth of tax. That’s what’s They’re talking about using that for and solar power. being proposed here. And we’re just socialized medicine or something, President Obama said we want to told if you’re making $250,000 or less, right? It has nothing to do with CO2 at double that figure. Actually, in the last you won’t get any tax, and yet this all. 3 years of the Bush administration, we taxes you when you turn the lights on, Mr. BISHOP of Utah. That is exactly doubled that figure. Admittedly, it’s a when you turn the thermostat up, the point there. If people are going to higher base now. It would be harder to when you start your car. That’s what actually put out that kind of money, do at the next doubling. But if you dou- this tax is about right here. And when they should know what they’re going ble it, you go from one-sixth to one- you eat food, that’s what this tax is to get and they should know what the third of 1 percent. And that’s on the as- about. goal of all of this is. sumption that no economy grows any- Mr. GINGREY of Georgia. If the gen- The goal has been stated that we’ll where else. Everything remains flat. tleman will yield for an additional few have an 80 percent reduction by 2050. Mr. AKIN. Now, just reclaiming my seconds. Sounds wonderful. In my particular time. Exactly. You break down this cost State of Utah, we have a carbon foot- Now, my understanding was what we right at $3,000 a year for a family of print of roughly 66 million tons of CO2 heard from the guy from Spain, he said four, it breaks down, as the gentleman per year and a population of 2.6 mil- that they had been able to get a lot of has pointed out, Mr. Speaker, a 90 per- lion. If you simply do the math, 80 per- windmills and solar panels out there cent increase in the cost of electricity, cent by 2050 means we will be pro- and that it was a significant part of 74 percent increase in the cost of gaso- ducing in 2050 2.2 tons of CO2. Sounds what they generated. But he said here line, 55 percent increase in the cost of like a lot. Except the last time in the was the problem: When the weather natural gas. history of the State of Utah we had a didn’t cooperate, they had to tell the Now, when I was home during this carbon output that was that low, I’m big industries, You can’t make any alu- Memorial Day remembrance and dis- sorry, Brigham Young wasn’t there. If minum today because we don’t have trict work period, I went to visit one of you tried to do something for this Na- any electricity because the wind isn’t the plants in my district—again, north- tion, the Pilgrims hadn’t landed before blowing or the sun isn’t shining. And west Georgia, the 11th—Dow Chemical, you do that. So the question is how do they told the steel manufacturers, You and what they do is make all kinds of we actually do that? How do we rec- can’t make any steel. And so these products out of polyurethane, and the oncile a lifestyle with these elements, companies are moving guess where? To dashboard in your automobile is an ex- especially when there are 6.2 billion on America. They’re moving out of Spain ample. And the cost, their feedstock is the Earth, 2 billion who have never because of the fact that the energy is natural gas. And what we’re doing is switched on a light? no longer reliable. putting additional costs on all of these Mr. AKIN. Reclaiming my time. To make things worse—what they de- manufacturers, everybody that pro- Those numbers are incredible. scribed to me was really chilling, and I duces electricity, and it was a cost that What you’re saying is we want to need to jump over to my good friend was never there before. And somebody maintain—maybe we don’t want to from Louisiana who is also here on has to pay for that cost. And who is maintain our current standard of living this, but this is what really stuck in that somebody? The American public. but we want to go back to a pre-Pil- my mind. He said what they did was I yield back to the gentleman. grim America in terms of CO output? Mr. AKIN. We’ve also been joined by 2 they took a whole bunch of bureau- Mr. BISHOP of Utah. It’s the only my very good friend, Congressman crats and they guaranteed them that way it works as long as you can keep they could sell energy to the govern- BISHOP, who talked before on this sub- the other 2 billion people in the world ject, very knowledgeable. ment at a certain high price so those And I would yield time to Congress- who don’t have electricity today from people would invest in solar panels and man BISHOP. Please jump in. ever getting electricity. windmills. They guaranteed the price, Mr. BISHOP of Utah. I, unfortu- We can keep our lights, our flat- and now they’ve got this thing created nately, don’t have the wonderful ac- screen TVs, our computers, our cell and it’s a political monster because cent that my good friend from Georgia phones, everything that uses elec- you have all of these people with wind- has, but I will try and slur some words tricity now, our low-cost food without mills and solar panels and they don’t together to see if I can emulate that in bugs because fertilizer is fossil fuels. want to politically change it because some small way. We can keep the clothes and the plas- that’s where their revenue is coming The problem that I think all of us tics. You go into an emergency room, from. So they’ve created this thing here in Congress are facing, as well as everything except steel is part of fossil that’s driving over 17 percent unem- the people out there are facing, is that fuels. Composites made for airplanes ployment and all kinds of people are in the government has promised they’re now that make them lighter weight on the government take and they don’t going to do something. Not market and more efficient is all gas. You fly want to change it. forces. The government is going to do here back and forth on gas. My good friend from Louisiana, Con- something. And this cap-and-tax policy The problem we have with this entire gressman SCALISE, please jump into the is an effort of the government to try to concept is basically we’re saying we’re conversation. ratchet down carbon emissions into the going to get rid of fossil fuels at the Mr. SCALISE. I thank my friend for atmosphere by changing the way indus- same time we live with fossil fuels, and talking about this issue. try works in an effort to have them that is simply nothing short of schizo- This cap-and-trade energy tax, this changing the way they produce things. phrenia on our part. proposal that this administration and That change passes on to the con- Here’s a problem. I had a great friend this leadership in Congress has brought sumer. Everything we use, as the gen- that gave a speech at one point. And forward—you’re talking about the tleman said, has some kind of carbon one of the things we need to be looking Spain study, and Spain is an inter- footprint. The essence is that not only at is the fact that all of these, what we esting study because there are other industries but individuals will change classify as alternative fuel sources, countries that have gone down this their lifestyles. really are supplemental fuel sources. If road. So there are some good models to I don’t care how you went to spin it. you add everything we do from solar look at and see what is cap-and-trade, It is still a tax on people—we are look- and wind power together, it’s one-sixth what has this national energy tax done ing at estimates around $400 billion—a of 1 percent of our energy consumption. to other countries, and you go to Eu- tax on people that doesn’t go to chang- You try to make one of those pie rope and see the devastation to their ing the amount of energy we have or charts with that and it’s a thin line. economies. changing the way we live our lives to You can’t get anything more than that. And you look at Spain. They just did better the people’s lives. It’s an That’s the best a PowerPoint—which a study on the Spain experiment in amount of money that goes simply to also uses electricity—would ever cap-and-trade, and they came back the government. It is a windfall to the produce. And we get that with 20 years with some numbers that showed, for government. or 30 years of the government having every green job they created, they lost

VerDate Nov 24 2008 03:25 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.105 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6068 CONGRESSIONAL RECORD — HOUSE June 2, 2009 2.2 regular jobs. And what’s even more I promised my good friend from Utah able and sufficient energy to drive than that is that 9 out of 10 of those I would let him have the last word be- down the costs to help us find a bridge new jobs they created were temporary fore he had to scoot out of here. to come up with supplemental, not al- jobs. Okay. We’ll go back over to the gen- ternative, but supplemental energy and So, in essence, for every one perma- tleman from Louisiana. to do it in an orderly and efficient nent new job they created with cap- Mr. SCALISE. Ultimately, we need a manner where people get to choose. and-trade energy tax, they lost 20 reg- national energy policy. We don’t have The government doesn’t pick the ular permanent jobs in their regular that in our country. So you’ve got very winners. People get to pick the win- economy. clear differences. The approach that we ners. There aren’t those options out So if you look at what’s happening here that have been talking tonight there. And what you got excited about here in the United States with this pro- support is a comprehensive national is exactly what many of us here are posal, this cap-and-trade energy tax, it energy policy that understands that trying to do. It is another voice. It is literally would run—estimates by the we’ve got our own national resources another option. Let the American peo- National Association of Manufacturers like oil, natural gas. We can develop ple know it is out there and available. say that it would run 3 to 4 million clean coal technology. We can promote Mr. AKIN. I appreciate that great jobs, American jobs, run them overseas more nuclear, and we can use that to plug for freedom. I think there is some- to countries like China, India, and fund more solar and wind and other al- thing—there are a few statistics that Brazil that are not going to comply ternative sources of energy, but using all of our guests here tonight know with this. our natural resources in America, not these things. So the real irony is for those people shipping jobs overseas like the cap- b 2145 who really do believe that we need to and-trade energy tax proposal by our reduce carbon emissions—ultimately colleagues on the Democratic side. But an awful lot of people don’t know we all recognize that carbon emissions Mr. AKIN. Now you’re getting me ex- about it, and here’s something that I have the same effect if they’re emitted cited. You’re talking about freedom in- thought was just amazing. If I were to in the United States or in China. And stead of a whole bunch of government say to you that this place where we so the real irony is, if you want to re- taxes and bureaucracy. What you’re work here, the U.S. Congress, is polar- duce carbon emissions, if you support talking about allows Americans, em- ized between Republicans and Demo- cap-and-trade, you’re going to have an powering Americans to use the re- crats on the abortion issue, you’d go, increase in worldwide carbon emissions sources that we have, the technology, yawn, well of course they’re polarized. because the jobs that are done here in the innovation, and to develop energy But what I don’t think a lot of people the United States, for example, that from all different kinds of ways within know is that this Chamber is more po- produce steel, to produce steel in the our country and let that energy com- larized on the energy issue than we are United States, and that same steel is pete in a free market sense and let peo- on the abortion issue. We went back going to be produced in China, for ex- ple buy the energy they want to buy. and took a look at about 8 years of vot- ample. The same steel produced in Mr. SCALISE. And reduce our de- ing between the two parties on devel- China will emit four times the amount pendence on Middle Eastern oil while oping American energy. And you know of carbon that the steel in the United creating good jobs here in America, as what we found? It’s no surprise to you States would emit because we already opposed to their plan which taxes peo- gentlemen. Ninety percent of the time have tougher environmental regula- ple on their energy bills and runs jobs where there is some proposal to help tions in place. to countries like China and India that the development of American energy, So for the people that are trying to will emit more carbon for doing the Republicans voted for it, and even in use cap-and-trade, this energy tax to exact same thing we do here. the most mundane or the most easy to reduce carbon emissions, you’ll actu- So I yield back. get along with politically, 86 to 88 per- ally have an increase in carbon emis- Mr. AKIN. I really appreciate your cent of the Democrats voted ‘‘no.’’ sions because the jobs that are in emphasis on free enterprise, free solu- There is a huge party-line difference on America right now that will go over- tions, and not government bureauc- the development of American energy. seas, that we will lose in our economy, racies. But it still just dazzles me that And I just think a lot of people aren’t the 3 to 4 million jobs we will lose in the Spanish were able to sell this thing aware of that, but people say there’s no tough economic times while American politically that they’re worried about difference between the parties. Boy, consumers actually end up paying over CO2 and they shut down the nuclear, there sure is on this issue, isn’t there? $2,000 or $3,000 a year in their elec- where we say here we just double our And my good friend Dr. FLEMING, I tricity bill, those jobs go to China. amount of nuclear and we get rid of all would appreciate you again joining us Mr. AKIN. What you’re saying is, in emissions of almost every passenger in the discussion here. simple terms, this cap-and-tax not only car on our highways. That’s incredible. Mr. FLEMING. Well, I thank the gen- won’t work; it’s going to make a bad Congressman BISHOP. tleman. I think that really the exten- situation worse. It’s not only going to Mr. BISHOP of Utah. I am glad you sion of what you just said is what is create unemployment, but it’s going to feel excited right now, because one of the real agenda behind this, and I create more CO2. the things that we are talking about in think that we’ve recognized in the last The amusing thing is there is a chart Congress is alternatives and other few years that the American taxpayer here that—I just discovered this. If we ideas. And as we have gone through has had enough. They don’t want to were to double our nuclear power pro- this, we have shown that the cap-and- pay any more taxes. Americans feel duction—we’re currently producing trade policy is nothing more then a like they pay enough on the city level, about 20 percent of our electric power tax. There are lots of negatives that go county level, State and Federal level, through nuclear, 25 percent, somewhere around with it. It’s idealism, because and I think that our more liberal in that range. If we were to double it, the alternatives we have are not able friends, our tax friendly friends, have it would have the same effect as taking to replace fossil fuels yet unless we realized this, and now they’re coming almost every passenger car off the road want to totally change our lives. And up with schemes to disguise taxes. in terms of getting rid of CO2. And yet there are easier ways than government And I think Congressman DINGELL the funny thing is, do you know what mandates to get it done: allowing the said it better than anybody in this happened in Spain, what they did with markets to work—which I hate to say, Chamber—and of course, he’s a Demo- nuclear? They shut their nuclear stuff especially from a ‘‘just say no’’ party, crat—that this is a tax, a very big tax, down, which is absolutely insane, be- but if you include the no cost stimulus and I think that really strikes to the cause nuclear is the one kind of energy bill that many of us here have spon- heart of what the purpose of this is. that doesn’t make any CO2 at all and sored, H.R. 2300, which is from the Re- Someone a moment ago made reference yet they shut it down. So this whole publican Study Committee in the to the fact that we’re going to need at thing about CO2 being such a big prob- Western Caucus—I think all of us here least $1.2 trillion if we go forward with lem, it seems like we’re talking out of sponsored—those are viable options a single-payer, comprehensive health both sides of our mouth. that make life better by having a reli- care system, Medicare for all, if you

VerDate Nov 24 2008 03:25 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.106 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6069 will. And I think that those who sup- Missouri, and I’ve been a legislator now we’re furthering our dependence on for- port that are scrambling around to find a number of years. One of the things eign oil. The President has shut off the a tax that can be defined as something that is amusing is that the legislature tax deductions for domestic drilling not a tax, and I think they’ve got this passes some bill to do something, and and shut down areas in this country for cap-and-tax program squarely in their the exact opposite thing happens of domestic drilling, including through sights. what they meant to have happen. the Forest Service, an area in my dis- Mr. AKIN. Just reclaiming for a mo- I’m just picturing some of my friends trict, Allegheny National Forest, real- ment here, just to support what you’re here tonight from Georgia and from ly slowed down to a screeching halt saying, this is kind of interesting. This Pennsylvania and Louisiana. I’m new drilling. is a Gallup poll about how do different thinking about Missouri. And you put a And we could have an energy margin people that are concerned with the en- big old tax on natural gas and elec- with the proposals put forward by the vironment, how do they rank global tricity, and you know what the good Republican Party that will allow us to warming as compared to other kinds of old boy is going to do? They’re going to have the domestic energy resources so environmental issues. break out that steel chainsaw. They’re that in the future when there’s a hurri- And this is March 2008 and March going to go to the wood lot. They’re cane, or where a foreign country that 2009. You can see both of these charts. going to be cutting firewood, and we have been dependent on for our en- It hasn’t changed that much over a they’re going to be heating with wood ergy resources decides to shut down year, but the thing that was the most and generating twice the CO2 that that flow or some other catastrophic important to people in terms of envi- would have happened if this silly bill attack, we actually have an energy ronmental was the pollution of drink- hadn’t been passed. margin where our energy prices remain ing water. That was their number one And the funny thing is it must be stable. And that’s good for America. thing, and then they wanted water pol- happening that way in Spain because That’s the type of energy policy Ameri- lution, was also eighty-something per- their CO2 has gone up in spite of the cans expect. cent, very important to people in terms fact they got all this unemployment I’m actually blessed here standing of environmental concerns. All the way and taxes and this huge government between two physicians. I’d like to down, all the way over here to the bureaucracy they’ve created. take the opportunity to call on their smaller side, global warming is the last I just wanted to allow my friend from expertise—I worked in health care my- one, and yet that’s all we’ve been doing Pennsylvania, if you wanted to jump in self in rehab for about 28 years, but not for a month is global warming, and it on that subject. as a physician—to get their diagnostic suggests that maybe global warming Mr. THOMPSON of Pennsylvania. opinion on this. This is all in the name isn’t the real issue. Maybe that’s just Absolutely. I appreciate that. of green, greening America, specifi- the horse that’s supposed to pull a big I mean, this is a tax that hits every- cally solar and hydro, but in terms of fat tax increase. That’s what we’re body and everything, every business, the economy, the other green that starting to see here, and I yield to my every industry, every family, and it’s a comes to mind is gangrene. And I just friend from Georgia. tax on everyone. And I tell you, the would defer that, though, to my col- Mr. GINGREY. I appreciate the gen- folks, I tell you what makes it an im- leagues who are physicians to have a tleman yielding to me, Mr. Speaker, moral tax is the fact that it taxes better feel for that. because this is a great segue into what those folks who are just now maybe Mr. AKIN. Well, now you’re really I think is the bottom line here. getting by paycheck to paycheck, hurting me when you start to get into When Madam Speaker became the those people that work hard every day that, but you know, that idea is that Speaker in January of 2007, it was clear and do their best and they’re just mak- what you’re doing is you’re doing that her signature issue was this issue ing it. You know, what they bring in something that makes the economy of global warming, and shortly after income, they’re putting out on bills. sicker. That doesn’t seem to be the that Al Gore got a Nobel Prize. He And in Pennsylvania because our elec- thing that we want to do. shared it with an intergovernmental tricity, 60 percent of it comes from You know, the thing that strikes me, climate control panel of the United Na- coal, we have about 35, 38 percent that too, who is going to be paying this big tions, and of course, he came before the comes from nuclear and nuclear’s tax? It’s going to be the guy that is Science Committee and Energy and taxed. Even though there’s no CO2 using electricity, the guy that’s using Commerce Committee. This was their emissions, under cap-and-trade, nu- natural gas, the guy that’s buying food. signature issue. This was the most im- clear is going to be taxed the same Who is that? Is that rich people? No. portant thing, and here we are in 2009 way. That’s, as you say, those are average in the deepest of recessions, the worst Mr. AKIN. Just stop for a minute. Americans just trying to get along, recession that we’ve experienced since That just absolutely dumbfounds me. barely got their lips above water, the Great Depression— The whole point of this deal is not to economy’s in trouble, they’re won- Mr. AKIN. Since Jimmy Carter. make any CO2 supposedly, so we are dering whether they’re going to have a Mr. GINGREY. If the gentleman will going to tax the nuclear power plant job, they may have a kid home because allow me, just on that same theme that that doesn’t make any CO2. What’s the the kid lost a job. you were just mentioning, this is not logic of that? What are we talking about? We’re the number one concern of the Amer- Mr. THOMPSON of Pennsylvania. talking about with this cap-and-tax, ican people today. The number one One of my opening comments was the this proposal that’s been proposed by concern of the American people today fact that it is refreshing to be here de- the Democrats, what we’re talking is their jobs and their families and the bating real science versus political about here is every year you’re going cost of all these things, not just the science or science fiction. And here’s to have to come up with the amount of cost of electricity, but everything that the thing: The alternatives are out money you spend on for the average they have to purchase and concern over there. Republicans have been working family on meat, poultry, fish, eggs, what’s going to happen to Social Secu- hard. We’ve got an energy solutions dairy, produce, juices and vegetables, rity and Medicare. And here we are group. We’ve been putting that out that is how much extra it’s going to going crazy about this cap-and-trade there. During the district days, we cost you. Or you want to put it in when we’re taping our hands behind were in Pittsburgh and Indiana and out something else, consider furniture, ap- our back, penalizing the American peo- in the West Coast, and we were talking pliances, carpet, and other furnishings. ple and losing jobs by the hundreds of about a better solution for America. That’s how much. All of these different thousands. It is pure idiocy, especially We’ve been hitting on parts of it to- categories here are smaller than what in an economic time of crisis like we’re night. this tax is going to cost the average in. I view that that solution would pro- family. Mr. AKIN. I would just like to dis- vide us an energy margin. You know, This isn’t something that the Presi- cuss this a little bit with my good what is it, 9 months ago where gas was dent says, hey, $250,000, don’t worry, friend from Pennsylvania, Congress- pushing $4 or $5 a gallon? And gas we’re not going to tax you. This is tax- man THOMPSON. You know, I’m from prices are going up now again, and yet ing all of these families, and that’s why

VerDate Nov 24 2008 03:25 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K02JN7.107 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6070 CONGRESSIONAL RECORD — HOUSE June 2, 2009 we get excited about it, and it doesn’t ural resources, not send jobs to China Mr. CUMMINGS, for 5 minutes, today. need to be done. The fact of the matter and India like cap-and-trade, not raise Ms. WOOLSEY, for 5 minutes, today. is that we can have that energy inde- people’s electricity bills. We’ve got the Ms. KAPTUR, for 5 minutes, today. pendence just by using basic freedom. ability to create our own energy inde- Mr. CONYERS, for 5 minutes, today. I’m going to go to my friend from pendence and secure our future while (The following Members (at the re- Louisiana. Congressman SCALISE, if creating good jobs, and that’s the true quest of Mr. POE of Texas) to revise and you could join us. difference right now between their cap- extend their remarks and include ex- Mr. SCALISE. Again, what we’re and-trade energy tax and our American traneous material:) talking about here is this is a proposal Energy Solutions Act, which is a very Mr. POE of Texas, for 5 minutes, that just passed out of committee 2 different approach to a comprehensive today, June 3, 4, 5, 8 and 9. weeks ago, a very detrimental proposal energy national policy. Mr. JONES, for 5 minutes, today, June to our Nation’s economy, a proposal Mr. AKIN. Just reclaiming my time, 3, 4, 5, 8 and 9. that threatens our energy security at a I think you’re being reasonable. You’re Mr. BURTON of Indiana, for 5 minutes, time when we’ve got proposals and so- talking about there’s a contrast, two today, June 3, 4 and 5. lutions that we’ve presented that actu- different approaches to solving where Mr. WOLF, for 5 minutes, today. ally would allow America to have en- we’re going with energy. And one of Mr. PAUL, for 5 minutes, today, June ergy independence. So it is a true de- them is we’re going to use the instru- 3, 4 and 5. bate between the two parties where we ment of a great big tax increase and a Mr. FLAKE, for 5 minutes, today. have very different views. lot of government regulations, and the Mr. NEUGEBAUER, for 5 minutes, Their proposal is this cap-and-trade other one is free enterprise. today. energy tax which, literally, to that What you’re talking about is the fact Mr. INGLIS, for 5 minutes, today. senior citizen who is on a fixed in- that you’re exploring. You’re talking Mr. MORAN of Kansas, for 5 minutes, come—the President’s own budget di- about finding more natural gas. I don’t today. rector, President Obama’s own budget know if people are aware of it, but by Mr. KIRK, for 5 minutes, today. director, said this proposal, cap-and- things that have been passed on this f trade energy tax, would add another congressional floor, eighty-some per- $1,300 per year to that fixed income cent of our continental shelves are off SENATE BILL REFERRED senior citizen’s electricity bill. Now, I limits for any exploration. What’s the A bill of the Senate of the following don’t know how they’re going to go ex- logic of that? I remember thinking the title was taken from the Speaker’s plain that to people, that this is what reason that the liberals didn’t like nu- table and, under the rule, referred as they’re trying to do to them as we’re clear was because of the waste, and yet follows: talking about a summer coming up we had a 100 percent vote in the where people want to run their air-con- Science Committee not to recycle nu- S. Con. Res. 19. Concurrent resolution expressing the sense of Congress that the Shi ditioning to stay cool. They’re going to clear waste. just tell those people to turn the air- ’ite Personal Status Law in Afghanistan vio- I appreciate your joining us tonight. lates the fundamental human rights of conditioning off. I think these are things that are of im- When people start wondering why women and should be repealed; to the Com- portance to Americans. mittee on Foreign Affairs. we’re not developing our own natural Thank you all. And thank you, Mr. resources, in my State of Louisiana f Speaker. and in Dr. FLEMING’s own district, my colleague from Louisiana, the largest f BILLS PRESENTED TO THE PRESIDENT natural gas find in the history of our LEAVE OF ABSENCE country was found just 3 years ago in Lorraine C. Miller, Clerk of the Haynesville, enough natural gas to sup- By unanimous consent, leave of ab- House reports that on May 21, 2009 she ply all of our country’s natural gas sence was granted to: presented to the President of the needs for 10 years. Mr. RUPPERSBERGER (at the request United States, for his approval, the fol- And then in my colleague from Penn- of Mr. HOYER) for today and through lowing bills: sylvania, Congressman THOMPSON’s dis- June 15 on account of medical reasons H.R. 627. To amend the Truth in Lending trict, another find, the Marselles find, (surgery). Act to establish fair and transparent prac- which could be even bigger. They’re Mr. SULLIVAN (at the request of Mr. tices relating to the extension of credit just discovering how big that find is, BOEHNER) for today and the balance of under an open end consumer credit plan, and could be even bigger than the the month on account of illness. for other purposes. H.R. 131. To establish the Ronald Reagan Haynesville find. f We’ve got kinds of natural resources: Centennial Commission. oil, natural gas, clean coal, not to men- SPECIAL ORDERS GRANTED f tion the nuclear capability that Europe By unanimous consent, permission to and other countries have gone to in address the House, following the legis- ADJOURNMENT large proportions, that we are denying lative program and any special orders Mr. AKIN. Mr. Speaker, I move that by policy, and they’re saying don’t use heretofore entered, was granted to: the House do now adjourn. our own natural resources, which then (The following Members (at the re- The motion was agreed to; accord- increases dependence on Middle East- quest of Mr. CUMMINGS) to revise and ingly (at 10 p.m.), the House adjourned ern oil. We’re trying to put up a pro- extend their remarks and include ex- until tomorrow, Wednesday, June 3, posal here to say let’s use our ownh nat- traneous material:) 2009, at 10 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the first and second quarter of 2009 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO REPUBLIC OF CUBA, EXPENDED BETWEEN APR. 3 AND APR. 7, 2009

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Barbara Lee ...... 4/3 4 /7 Republic of Cuba ...... 680.00 ...... (3) ...... 787.02 ...... 1,467.02 Hon. Emanuel Cleaver ...... 4 /3 4/7 Republic of Cuba ...... 680.00 ...... (3) ...... 416.66 ...... 1,096.66

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Hon. Marcia L. Fudge ...... 4/3 4/7 Republic of Cuba ...... 680.00 ...... (3) ...... 416.66 ...... 1,096.66 Hon. Michael M. Honda ...... 4 /3 4/5 Republic of Cuba ...... 680.00 ...... (3) ...... 249.99 ...... 929.99 Hon. Laura Richardson ...... 4/3 4/7 Republic of Cuba ...... 680.00 ...... (3) ...... 416.66 ...... 1,096.66 Hon. Bobby L. Rush ...... 4/3 4/7 Republic of Cuba ...... 680.00 ...... (3) ...... 416.66 ...... 1,096.66 Hon. Melvin L. Watt ...... 4/3 4 /7 Republic of Cuba ...... 680.00 ...... (3) ...... 555.54 ...... 1,235.54 Patrice Willoughby ...... 4 /3 4/7 Republic of Cuba ...... 680.00 ...... (3) ...... 416.66 ...... 1,096.66 Committee total ...... 5,440.00 ...... 3,675.85 ...... 9,115.85 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. BARBARA LEE, Delegation Chair, May 8, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JENNIFER M. STEWART, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 4 AND APR. 6, 2009

Jennifer M. Stewart ...... 4 /4 4/6 Israel ...... 364.00 ...... (3) ...... 364.00 4 /6 4 /7 Afghanistan ...... 78.00 ...... (3) ...... 78.00 4 /7 4 /9 Pakistan ...... 421.00 ...... (3) ...... 421.00 4 /9 4 /10 Turkey ...... 165.00 ...... (3) ...... 165.00 Committee total ...... 1,028.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JOHN A. BOEHNER, Chairman, May 21, 2009.

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO NATO PARLIAMENTARY ASSEMBLY WINTER MEETING IN BRUSSELS, BELGIUM, OECD MEETING IN PARIS, FRANCE, AND BILATERAL MEETINGS IN VIENNA, AUSTRIA, AND OBERAMMERGAU/GARMISCH, GERMANY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 14 AND FEB. 22, 2009

Hon. John Tanner ...... 2/14 2/17 Belgium ...... 2,478.08 ...... (3) ...... 4,740.63 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Hon. John Boozman ...... 2/14 2/17 Belgium ...... 2,478.08 ...... (3) ...... 4,740.63 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Hon. Jo Ann Emerson ...... 2/14 2/17 Belgium ...... 2,478.08 ...... (3) ...... 4,740.63 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Hon. Baron Hill ...... 2/14 2/17 Belgium ...... 2,478.08 ...... (3) ...... 4,740.63 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Hon. Carolyn McCarthy ...... 2 /14 2 /17 Belgium ...... 2,478.08 ...... (3) ...... 4,740.63 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Hon. Charlie Melancon ...... 2/14 2/17 Belgium ...... 2,478.08 ...... (3) ...... 4,740.63 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Hon. Jeff Miller ...... 2 /14 2 /17 Belgium ...... 2,478.08 ...... (3)4,253.93 ...... 6,732.01 Hon. Dennis Moore ...... 2 /14 2 /17 Belgium ...... 2,478.08 ...... (3) ...... 4,740.63 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Hon. Mike Ross ...... 2/14 2/17 Belgium ...... 2,478.08 ...... (3) ...... 4,740.63 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Hon. David Scott ...... 2 /14 2 /17 Belgium ...... 2,478.08 ...... (3) ...... 4,740.63 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Melissa Adamson ...... 2/14 2/17 Belgium ...... 1,245.73 ...... (3) ...... 3,508.28 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Kathy Becker ...... 2/14 2/17 Belgium ...... 1,245.73 ...... (3)3,391.10 ...... 6,899.38 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3) ...... Paul Belkin ...... 2/14 2/17 Belgium ...... 1,245.73 ...... (3)3,391.10 ...... 6,899.38 2/17 2/18 France ...... 627.78 ...... (3) ...... 2/18 2/20 Austria ...... 862.13 ...... (3) ...... 2/20 2/22 Germany ...... 772.64 ...... (3)3,391.10 ...... Delegation Expenses: Representational Funds ...... 25,976.49 ...... 25,976.49 Miscellaneous ...... 684.97 ...... 684.97 Committee total ...... 55,668.59 ...... 11,036.13 ...... 26,661.46 ...... 93,366.18 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JOHN S. TANNER, Chairman, May 13, 2009.

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Shelley Berkley ...... 4/14 4/15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 John Carter ...... 4/14 4/15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Steve Cohen ...... 4/14 4/15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Virginia Foxx ...... 4 /14 4 /15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Phil Gingrey ...... 4/14 4/15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Paul Kanjorski ...... 4/14 4/15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Rob Klein ...... 4 /14 4 /15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Loretta Sanchez ...... 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Riley Moore ...... 4/14 4/15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 Sarah Preisser ...... 4/14 4/15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Amanda Sloat ...... 4 /14 4 /15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Richard Urey ...... 4 /14 4 /15 Estonia ...... 160.98 ...... 169.10 ...... 330.08 4/15 4/17 Lithuania ...... 270.00 ...... 266.70 ...... 536.70 4/17 4/20 Czech Republic ...... 558.00 ...... 485.54 ...... 1,043.54 4/20 4/21 Germany ...... 330.00 ...... 330.00 Control Room ...... Estonia ...... 1,697.72 ...... 1,697.72 ...... Lithuania ...... 5,118.77 ...... 5,118.77 ...... Czech Republic ...... 918.384 ...... 918.384 Committee total ...... 33,421.93 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. SHELLEY BERKLEY, May 19, 2009. EXECUTIVE COMMUNICATIONS, 1955. A letter from the Director, Regula- 233(c)(1); to the Committee on Oversight and ETC. tions Policy and Mgmt. Staff, Department of Government Reform. Health and Human Services, transmitting 1960. A letter from the Chairman, Council Under clause 2 of Rule XXIV, execu- the Department’s ‘‘Major’’ final rule — Sub- of the District of Columbia, transmitting a tive communications were taken from stances Prohibited From Use in Animal Food copy of D.C. ACT 18-82, ‘‘Rent Administrator the Speaker’s table and referred as fol- or Feed; Confirmation of Effective Date of Hearing Authority Temporary Amendment lows: Final Rule [[Docket No.: FDA-2002-N-0031] Act of 2009’’, pursuant to D.C. Code section 1- 233(c)(1); to the Committee on Oversight and 1952. A letter from the Major General, (formerly Docket No. 2002N-0273)] (RIN: 0910- Government Reform. USAF Vice Director, Defense Logistics Agen- AF46) received May 20, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on En- 1961. A letter from the Chairman, Council cy, transmitting the Agency’s Annual Mate- of the District of Columbia, transmitting a rials Plan for the operation of the stockpile ergy and Commerce. 1956. A letter from the Chairman, Council copy of D.C. ACT 18-85, ‘‘Closing of an Alley during fiscal year 2010, pursuant to Section in Square 5872, S.O. 07-2225, Act of 2009’’, pur- 11(b)(1) of the Strategic and Critical Mate- of the District of Columbia, transmitting a copy of D.C. ACT 18-79, ‘‘KIPP DC — Doug- suant to D.C. Code section 1-233(c)(1); to the rials Stock Piling Act; to the Committee on Committee on Oversight and Government Armed Services. lass Property Tax Exemption Temporary Act of 2009’’, pursuant to D.C. Code section 1- Reform. 1953. A letter from the Assistant Secretary 1962. A letter from the Chairman, Council 233(c)(1); to the Committee on Oversight and for Health Affairs, Department of Defense, of the District of Columbia, transmitting a Government Reform. transmitting the Department’s Evaluation of copy of D.C. ACT 18-83, ‘‘Allen Chapel A.M.E. the TRICARE Program Fiscal Year (FY) 2009 1957. A letter from the Chairman, Council Senior Residential Rental Project Property Report to Congress, pursuant to Public Law of the District of Columbia, transmitting a Tax Exemption and Equitable Real Property 104-106, section 717; to the Committee on copy of D.C. ACT 18-80, ‘‘Newborn Safe Haven Tax Relief Temporary Amendment Act of Armed Services. Temporary Act of 2009’’, pursuant to D.C. 2009’’, pursuant to D.C. Code section 1- 1954. A letter from the Acting Deputy Code section 1-233(c)(1); to the Committee on 233(c)(1); to the Committee on Oversight and Under Secretary of Defense for Logistics and Oversight and Government Reform. Government Reform. Material Readiness, Department of Defense, 1958. A letter from the Chairman, Council 1963. A letter from the Chairman, Council transmitting the Department’s notification of the District of Columbia, transmitting a of the District of Columbia, transmitting a that all three Military Departments were in copy of D.C. ACT 18-74, ‘‘Health Occupations copy of D.C. ACT 18-98, ‘‘CEMI-Ridgecrest, compliance with the 50 percent limitation Revision General Amendment Act of 2009’’, Inc. — Walter Washington Community Cen- for FY 2008, and while the Departments of pursuant to D.C. Code section 1-233(c)(1); to ter Real Property Tax Exemption and Equi- the Amry and Navy are projecting compli- the Committee on Oversight and Govern- table Real Property Tax Relief Temporary ance for FY 2009 and 2010, the Department of ment Reform. Amendment Act of 2009’’, pursuant to D.C. the Air Force’s projections for FY 2009 and 1959. A letter from the Chairman, Council Code section 1-233(c)(1); to the Committee on 2010 indicate they will be required to manage of the District of Columbia, transmitting a Oversight and Government Reform. the distribution of depot-level maintenance copy of D.C. ACT 18-81, ‘‘Department of 1964. A letter from the Chairman, Council and repair workloads to remain compliant Parks and Recreation Term Employee Ap- of the District of Columbia, transmitting a with 10 U.S.C. 2466; to the Committee on pointment Temporary Amendment Act of copy of D.C. ACT 18-86, ‘‘Retail Service Sta- Armed Services. 2009’’, pursuant to D.C. Code section 1- tion Amendment Act of 2009’’, pursuant to

VerDate Nov 24 2008 03:25 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.001 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6073 D.C. Code section 1-233(c)(1); to the Com- dures; Miscellaneous Amendments [Docket 1986. A letter from the Program Analyst, mittee on Oversight and Government Re- No.: 30660 Amdt. No 3316] received May 22, Department of Transportation, transmitting form. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Airworthiness 1965. A letter from the Chairman, Council Committee on Transportation and Infra- Directives; Sikorsky Aircraft Corporation of the District of Columbia, transmitting a structure. Model S-92A Helicopters [Docket No.: FAA- copy of D.C. ACT 18-90, ‘‘Closing, Dedication 1976. A letter from the Program Analyst, 2009-0351; Directorate Identifier 2009-SW-08- and Designation of Public Streets at The Department of Transportation, transmitting AD; Amendment 39-15886; AD 2009-07-53] (RIN: Yards Act of 2009’’, pursuant to D.C. Code the Department’s final rule — Standard In- 2120-AA64) received May 11, 2009, pursuant to section 1-233(c)(1); to the Committee on strument Approach Procedures, and Takeoff 5 U.S.C. 801(a)(1)(A); to the Committee on Oversight and Government Reform. Minimums and Obstacle Departure Proce- Transportation and Infrastructure. 1966. A letter from the Chairman, Council dures; Miscellaneous Amendments [Docket 1987. A letter from the Program Analyst, of the District of Columbia, transmitting a No.: 30661; Amdt. No.3317] received May 22, Department of Transportation, transmitting copy of D.C. ACT 18-89, ‘‘Mortgage Lender 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule — Standard In- and Broker Amendment Act of 2009’’, pursu- Committee on Transportation and Infra- strument Approach Procedures, and Takeoff ant to D.C. Code section 1-233(c)(1); to the structure. Minimums and Obstacle Departure Proce- Committee on Oversight and Government 1977. A letter from the Program Analyst, dures; Miscellaneous Amendments [Docket Reform. Department of Transportation, transmitting No.: 30664; Amdt. No. 3319] received May 11, 1967. A letter from the Chairman, Council the Department’s final rule — Amendment of 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the of the District of Columbia, transmitting a Class D and Class E Airspace; Conroe, TX Committee on Transportation and Infra- copy of D.C. ACT 18-84, ‘‘Domestic Partner- [Docket No.: FAA-2009-0338; Airspace Docket structure. ship Judicial Determination of Parentage No. 09-ASW-9] received May 22, 2009, pursu- 1988. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Amendment Act of 2009’’, pursuant to D.C. Department of Transportation, transmitting on Transportation and Infrastructure. Code section 1-233(c)(1); to the Committee on the Department’s final rule — Airworthiness Oversight and Government Reform. 1978. A letter from the Program Analyst, Department of Transportation, transmitting Directives; General Electric Company (GE) 1968. A letter from the Chairman, Council CF6-80A Series Turbofan Engines [Docket of the District of Columbia, transmitting a the Department’s final rule — Establishment of Class E Airspace; Dallas, GA. [Docket No.: No.: FAA-2008-0827; Directorate Identifier copy of D.C. ACT 18-88, ‘‘Kenilworth- 2008-NE-26-AD; Amendment 39-15879; AD 2009- Parkside Partial Street Closure, S.O. 07-1213, FAA-2008-1084; Airspace Docket No. 08-ASO- 17] received May 22, 2009, pursuant to 5 U.S.C. 08-06] (RIN: 2120-AA64) received May 22, 2009, S.O. 07-1214 and Building Restriction Line pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Elimination, S.O. 07-1212 Act of 2009’’, pursu- 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. mittee on Transportation and Infrastruc- ant to D.C. Code section 1-233(c)(1); to the ture. Committee on Oversight and Government 1979. A letter from the Program Analyst, Department of Transportation, transmitting 1989. A letter from the Program Analyst, Reform. Department of Transportation, transmitting 1969. A letter from the Chairman, Council the Department’s final rule — Amendment to Class E Airspace; Summersville, WV the Department’s final rule — Airworthiness of the District of Columbia, transmitting a Directives; Bell Helicopter Textron Canada copy of D.C. ACT 18-87, ‘‘Closing of a Portion [Docket No.: FAA-2008-1073; Airspace Docket No. 08-AEA-28] received May 22, 2009, pursu- Limited Model 206A Series, 206B Series, 206L of a Public Alley in Square 4488, S.O. 07-7333, Series, 407, and 427 Helicopters [Docket No.: Act of 2009’’, pursuant to D.C. Code section 1- ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. FAA-2009-0350; Directorate Identifier 2009- 233(c)(1); to the Committee on Oversight and 1980. A letter from the Program Analyst, SW-07-AD; Amendment 39-15885; AD 2009-07- Government Reform. Department of Transportation, transmitting 52] (RIN: 2120-AA64) received May 22, 2009, 1970. A letter from the Acting Assistant the Department’s final rule — Modification pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administrator, Environmental Protection of Class D and Class E Airspace, Establish- mittee on Transportation and Infrastruc- Agency, transmitting the Agency’s report on ment of Class E Airspace; Binghamton, NY ture. the amount of acquisitions made from enti- [Docket No.: FAA-2009-0202; Airspace Docket 1990. A letter from the Program Analyst, ties that manufacture articles, materials, or 09-AEA-11] received May 22, 2009, pursuant to Department of Transportation, transmitting supplies outside of the United States for fis- 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness cal year 2008, pursuant to Public Law 110-28, Transportation and Infrastructure. Directives; Turbomeca Arriel 1B, 1D, 1D1, 2B, section 8306; to the Committee on Oversight 1981. A letter from the Program Analyst, and 2B1 Turboshaft Engines [Docket No.: and Government Reform. Department of Transportation, transmitting FAA-2009-0302; Directorate Identifier 2009- 1971. A letter from the Secretary of the the Department’s final rule — Amendment of NE-09-AD; Amendment 39-15881; AD 2009-08- Commission, Federal Trade Commission, Class E Airspace; Battle Creek, MI [Docket 08] (RIN: 2120-AA64) receivedMay 22, 2009, transmitting the Commission’s report enti- No.: FAA-2008-1290; Airspace Docket No. 08- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tled, ‘‘Annual Report on the Notification and AGL-19] received May 22, 2009, pursuant to 5 mittee on Transportation and Infrastruc- Federal Employee Antidiscrimination and U.S.C. 801(a)(1)(A); to the Committee on ture. Retaliation Act of 2002: Fiscal 2008 (April Transportation and Infrastructure. 1991. A letter from the Program Analyst, 2009); to the Committee on Oversight and 1982. A letter from the Program Analyst, Department of Transportation, transmitting Government Reform. Department of Transportation, transmitting the Department’s final rule — Airworthiness 1972. A letter from the Chairman, United the Department’s final rule — Amendment of States Sentencing Commission, transmitting Directives; Diamond Aircraft Industries Class E Airspace; Omaha, NE [Docket No.: GmbH Model DA 40 and DA 40F Airplanes the Commission’s amendments to the federal FAA-2008-1228; Airspace Docket No. 08-ACE- sentencing guidelines, policy statements, [Docket No.: FAA-2009-0125 Directorate Iden- 3] received May 22, 2009, pursuant to 5 U.S.C. tifier 2009-CE-002-AD; Amendment 39-15873; and official commentary, together with the 801(a)(1)(A); to the Committee on Transpor- reasons for the amendments, pursuant to 28 AD 2009-07-14] (RIN: 2120-AA64) received May tation and Infrastructure. 22, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 994(o); to the Committee on the Judi- 1983. A letter from the Program Analyst, the Committee on Transportation and Infra- ciary. Department of Transportation, transmitting structure. 1973. A letter from the Staff Director, the Department’s final rule — Amendment of 1992. A letter from the Chairman and Vice United States Sentencing Commission, Class D and Class E Airspace; Corpus Christi Chairman, U.S.-China Economic & Security transmitting the Commission’s report enti- NAS/Truax Field, TX [Docket No.: FAA-2008- Review Commission, transmitting the Com- tled, ’’2008 Annual Report and Sourcebook of 1140; Airspace Docket No. 08-ASW-24] remission’s report on the February 17 public Federal Sentencing Statistics‘‘, pursuant to ceived May 22, 2009, pursuant to 5 U.S.C. hearing on ’’China’s Role in the Origins of 28 U.S.C 994(w)(3) and 997; to the Committee 801(a)(1)(A); to the Committee on Transpor- and Response to the Global Recession‘‘, pur- on the Judiciary. tation and Infrastructure. 1974. A letter from the Program Analyst, 1984. A letter from the Program Analyst, suant to Public Law 109-108, section 635(a); Department of Transportation, transmitting Department of Transportation, transmitting jointly to the Committees on Ways and the Department’s final rule — Airworthiness the Department’s final rule — Amendment of Means, Armed Services, and Foreign Affairs. Directives; PILATUS AIRCRAFT LTD. Mod- Class E Airspace; Natchitoches, LA [Docket f els PC-12 and PC-12/45 Airplanes [Docket No.: No.: FAA-2008-1229; Airspace Docket No. 08- FAA-2009-0126; Directorate Identifier 2009- ASW-26] received May 22, 2009, pursuant to 5 CE-003-AD; Amendment 39-15884; AD 2009-08- U.S.C. 801(a)(1)(A); to the Committee on REPORTS OF COMMITTEES ON 11] (RIN: 2120-AA64) received May 22, 2009, Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1985. A letter from the Program Analyst, Under clause 2 of rule XIII, reports of mittee on Transportation and Infrastruc- Department of Transportation, transmitting committees were delivered to the Clerk ture. the Department’s final rule — Amendment of 1975. A letter from the Program Analyst, Class E Airspace; Refugio, TX [Docket No.: for printing and reference to the proper Department of Transportation, transmitting FAA-2009-0241; Airspace Docket No. 09-ASW- calendar, as follows: the Department’s final rule — Standard In- 6] received May 11, 2009, pursuant to 5 U.S.C. Mr. GORDON of Tennessee: Committee on strument Approach Procedures, and Takeoff 801(a)(1)(A); to the Committee on Transpor- Science and Technology. H.R. 1709. A bill to Minimums and Obstacle Departure Proce- tation and Infrastructure. establish a committee under the National

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Science and Technology Council with the re- Georgia, Mr. SCOTT of Virginia, Ms. gin Islands, and for other purposes; to the sponsibility to coordinate science, tech- WATSON, Mr. TOWNS, Mr. Committee on Natural Resources. nology, engineering, and mathematics edu- BUTTERFIELD, Mr. SERRANO, Mr. By Mr. ELLISON: cation activities and programs of all Federal DAVIS of Alabama, Mr. HONDA, Mr. H.R. 2660. A bill to amend the Federal De- agencies, and for other purposes; with an MORAN of Virginia, Mr. BACA, Ms. posit Insurance Act to require the appro- amendment (Rept. 111–130 Pt. 1). Referred to CORRINE BROWN of Florida, Mr. priate Federal banking agencies to prescribe the Committee of the Whole House on the MCGOVERN, and Ms. KILPATRICK of capital standards for certain special purpose State of the Union. Michigan): entities; to the Committee on Financial Mr. CARDOZA: Committee on Rules. H.R. 2648. A bill to authorize the President Services. House Resolution 490. Resolution providing to award a gold medal on behalf of Congress By Mr. GOHMERT (for himself and Mr. for consideration of the bill (H.R. 31) to pro- to Muhammad Ali in recognition of his con- ROONEY): vide for the recognition of the Lumbee Tribe tributions to the Nation; to the Committee H.R. 2661. A bill to amend title 18, United of North Carolina, and for other purposes, on Financial Services. States Code, to increase the penalty for vio- and providing for consideration of the bill By Ms. BEAN: lations of section 119 (relating to protection (H.R. 1385) to extend Federal recognition to H.R. 2649. A bill to amend the Internal Rev- of individuals performing certain official du- the Chickahominy Indian Tribe, the Chicka- enue Code of 1986 to modify the new energy ties); to the Committee on the Judiciary. hominy Indian Tribe-Eastern Division, the efficient home credit and to provide a credit By Mr. HEINRICH (for himself, Mr. Upper Mattaponi Tribe, the Rappahannock against tax for the purchase of certain en- BISHOP of Utah, Mr. BLUMENAUER, Tribe, Inc., the Monacan Indian Nation, and ergy efficient homes; to the Committee on Mr. INSLEE, Mr. LUJA´ N, Ms. MARKEY the Nansemond Indian Tribe. (Rept. 111–131). Ways and Means. of Colorado, Mr. MINNICK, Mr. Referred to the House Calendar. By Mr. OBERSTAR (for himself and TEAGUE, and Ms. TITUS): Mr. CUMMINGS): H.R. 2662. A bill to dedicate a portion of DISCHARGE OF COMMITTEE H.R. 2650. A bill to amend title 14, United the rental fees from wind and solar energy [The following action occurred on May 22, 2009] States Code, to modernize the leadership of projects on Federal land under the jurisdic- Pursuant to clause 2 of rule XII, the the Coast Guard, to modernize the adminis- tion of the Bureau of Land Management for Committee on Rules discharged from tration of marine safety by the Coast Guard, the administrative costs of processing appli- further consideration of H.R. 1886. and for other purposes; to the Committee on cations for new wind and solar projects, and Transportation and Infrastructure. for other purposes; to the Committee on Nat- [Submitted on June 2, 2009] By Mr. CUMMINGS (for himself, Mr. ural Resources. Pursuant to clause 2 of rule XII, the OBERSTAR, Mr. MICA, and Mr. By Ms. EDDIE BERNICE JOHNSON of Committee on Education and Labor LOBIONDO): Texas: discharged from further consideration. H.R. 2651. A bill to amend title 46, United H.R. 2663. A bill to amend title 23, United H.R. 1709 referred to the Committee of States Code, to direct the Secretary of States Code, to increase certain infrastruc- the Whole House on the State of the Transportation to establish a maritime ca- ture finance provisions, and for other pur- reer training loan program, and for other Union, and ordered to be printed. poses; to the Committee on Transportation purposes; to the Committee on Transpor- and Infrastructure. f tation and Infrastructure. By Mr. LEE of New York (for himself, REPORTED BILL SEQUENTIALLY By Mr. OBERSTAR (for himself and Mr. DAVIS of Kentucky, Mr. SCOTT of Mr. CUMMINGS): Georgia, Mr. CASTLE, and Mr. PUT- REFERRED H.R. 2652. A bill to amend title 46, United NAM): Under clause 2 of rule XII, bills and States Code, to improve vessel safety, and H.R. 2664. A bill to require annual oral tes- reports were delivered to the Clerk for for other purposes; to the Committee on timony before the Financial Services Com- Transportation and Infrastructure. printing, and bills referred as follows: mittee of the Chairperson or a designee of By Mr. YARMUTH: the Chairperson of the Securities and Ex- [The following action occurred on May 22, 2009] H.R. 2653. A bill to amend the Tom Osborne change Commission, the Financial Account- Federal Youth Coordination Act to create Mr. BERMAN: Committee on Foreign Af- ing Standards Board, and the Public Com- the White House Office of National Youth fairs. H.R. 1886. A bill to authorize demo- pany Accounting Oversight Board, relating Policy to ensure the coordination and effec- cratic, economic, and social development as- to their efforts to promote transparency in tiveness of services to youth, and for other sistance for Pakistan, to authorize security financial reporting; to the Committee on Fi- purposes; to the Committee on Education assistance for Pakistan, and for other pur- nancial Services. and Labor. poses, with an amendment; referred to the By Ms. MATSUI: Committee on Armed Services for a period By Mr. ADERHOLT: H.R. 2665. A bill to establish national cen- H.R. 2654. A bill to extend temporarily the ending not later than June 5, 2009, for consid- ters of excellence for regional smart growth suspension of duty on polyethylene HE1878; eration of such provisions of the bill and planning, and for other purposes; to the to the Committee on Ways and Means. amendment as fall within the jurisdiction of Committee on Transportation and Infra- By Mr. BURTON of Indiana (for him- that committee pursuant to clause 1(c), rule structure. self, Mr. WILSON of South Carolina, X. By Ms. MATSUI (for herself and Ms. Ms. CLARKE, and Mr. DAVIS of Illi- MOORE of Wisconsin): f nois): H.R. 2666. A bill to require the Federal PUBLIC BILLS AND RESOLUTIONS H.R. 2655. A bill to amend the Internal Rev- enue Code of 1986 to expand and extend the Trade Commission to conduct a rulemaking Under clause 2 of rule XII, public first-time homebuyer credit; to the Com- proceeding with respect to mortgage fore- bills and resolutions of the following mittee on Ways and Means. closure rescue and loan modification serv- titles were introduced and severally re- By Mr. CAMP: ices, and for other purposes; to the Com- mittee on Financial Services, and in addi- ferred, as follows: H.R. 2656. A bill to require amounts remaining in Members’ representational allow- tion to the Committee on Energy and Com- By Mr. TOWNS: ances at the end of a fiscal year to be used merce, for a period to be subsequently deter- H.R. 2646. A bill to amend title 31, United for deficit reduction or to reduce the Federal mined by the Speaker, in each case for con- States Code, to enhance the oversight au- debt, and for other purposes; to the Com- sideration of such provisions as fall within thorities of the Comptroller General, and for mittee on House Administration. the jurisdiction of the committee concerned. other purposes; to the Committee on Over- By Mr. CAPUANO: By Mr. MCDERMOTT (for himself, Mr. sight and Government Reform. H.R. 2657. A bill to amend the Federal De- DAVIS of Illinois, and Mr. PLATTS): By Mr. SKELTON (for himself and Mr. posit Insurance Act to limit the authority of H.R. 2667. A bill to amend part B of title IV MCHUGH) (both by request): the Federal Deposit Insurance Corporation of the Social Security Act to provide grants H.R. 2647. A bill to authorize appropria- to engage in activities relating to systemic to States to establish or expand quality pro- tions for fiscal year 2010 for military activi- risk without a congressional declaration of a grams providing home visitation for families ties of the Department of Defense, to pre- financial emergency, and for other purposes; with young children and families expecting scribe military personnel strengths for fiscal to the Committee on Financial Services. children; to the Committee on Ways and year 2010, and for other purposes; to the By Mr. CAPUANO: Means. Committee on Armed Services. H.R. 2658. A bill to amend the Internal Rev- By Mr. MURPHY of Connecticut (for By Mr. CARSON of Indiana (for him- enue Code of 1986 to increase the estate and himself, Mr. BRALEY of Iowa, and Mr. self, Mr. PASCRELL, Mr. CONYERS, Mr. gift tax unified credit to an exclusion equiv- WELCH): CUMMINGS, Mr. MEEKS of New York, alent of $5,000,000, to adjust such amount for H.R. 2668. A bill to provide for the offering Ms. NORTON, Mr. DAVIS of Illinois, inflation, to repeal the 1-year termination of of an American Trust Health Plan to provide Mr. PAYNE, Ms. FUDGE, Mrs. the estate tax, and for other purposes; to the choice in health insurance options so as to CHRISTENSEN, Mr. FATTAH, Mr. AL Committee on Ways and Means. ensure quality, affordable health coverage GREEN of Texas, Mr. JACKSON of Illi- By Mrs. CHRISTENSEN: for all Americans; to the Committee on En- nois, Ms. JACKSON-LEE of Texas, Mr. H.R. 2659. A bill to convey certain sub- ergy and Commerce, and in addition to the JOHNSON of Georgia, Mr. LEWIS of merged lands to the Government of the Vir- Committee on Ways and Means, for a period

VerDate Nov 24 2008 04:02 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.053 H02JNPT1 wwoods2 on PRODPC68 with HOUSE June 2, 2009 CONGRESSIONAL RECORD — HOUSE H6075 to be subsequently determined by the Speak- ing Week; to the Committee on Science and H. Res. 498. A resolution honoring and con- er, in each case for consideration of such pro- Technology. gratulating the U.S. Border Patrol on its visions as fall within the jurisdiction of the By Mr. KLEIN of Florida (for himself, 85th anniversary; to the Committee on committee concerned. Mr. JOHNSON of Illinois, Mr. HODES, Homeland Security. By Mr. PASCRELL: Mr. ISRAEL, Mr. WEXLER, Ms. CORRINE f H.R. 2669. A bill to direct the Federal Trade BROWN of Florida, Ms. WASSERMAN Commission to prescribe rules to protect SCHULTZ, Mr. SCHIFF, Mr. MEEK of MEMORIALS consumers from unfair and deceptive acts Florida, Mr. WAXMAN, Ms. SCHWARTZ, and practices in connection with primary Mr. MORAN of Virginia, Mr. SESTAK, Under clause 4 of Rule XXII, memo- and secondary ticket sales; to the Com- Mrs. LOWEY, Mr. GRAYSON, Mr. NAD- rials were presented and referred as fol- mittee on Energy and Commerce. LER of New York, Mr. MCMAHON, Ms. lows: By Ms. SLAUGHTER (for herself, Mr. SCHAKOWSKY, Ms. CASTOR of Florida, 58. The SPEAKER presented a memorial of MCHUGH, Mr. STUPAK, Mr. OBERSTAR, Mr. MOORE of Kansas, Mr. KING of the Department of Education of West Vir- Mr. DICKS, Mr. MICHAUD, Mr. HIN- New York, Mrs. MALONEY, Mr. FRANK ginia, relative to a Resolution to Support CHEY, Mr. NADLER of New York, Mr. of Massachusetts, Mr. WEINER, Ms. 21st Century Integration of Technology Into LARSEN of Washington, Mr. HIGGINS, HARMAN, Mr. ACKERMAN, Mr. KAGEN, Classroom Instruction and Learning; to the Mr. LEE of New York, Mr. Mr. CAPUANO, Mr. SHERMAN, Mr. Committee on Education and Labor. LATOURETTE, Mr. HODES, Mr. MAFFEI, HASTINGS of Florida, Mr. CANTOR, Mr. 59. Also, a memorial of the State Legisla- Mr. ARCURI, Mr. MANZULLO, Ms. PIN- PETERS, Mr. BERMAN, Mr. LOEBSACK, ture of Maine, relative to a JOINT RESOLU- GREE of Maine, Mr. SMITH of Wash- Mr. HOLT, Mr. YARMUTH, Mr. CARSON TION MEMORIALIZING THE PRESIDENT ington, Mrs. MALONEY, Ms. KIL- of Indiana, Mr. STEARNS, and Mr. OF THE UNITED STATES, THE UNITED PATRICK of Michigan, Mr. KUCINICH, KIRK): STATES SECRETARY OF ENERGY AND Mr. MASSA, and Mr. TONKO): H. Res. 493. A resolution recognizing the THE CONGRESS OF THE UNITED STATES H.R. 2670. A bill to require reports on the significant contributions of Hillel: The TO REVIEW NATIONAL POLICY ON USED effectiveness and impacts of the implementa- Foundation for Jewish Campus Life to col- NUCLEAR FUEL; to the Committee on En- tion of the Western Hemisphere Travel Ini- lege campus communities in the United ergy and Commerce. tiative, and for other purposes; to the Com- States and around the world; to the Com- 60. Also, a memorial of the Conservation mittee on Homeland Security, and in addi- mittee on Education and Labor. Federation of Missouri, relative to a resolution to the Committee on Foreign Affairs, By Mr. KISSELL: tion entitled, ’’Restoring Clean Water Act for a period to be subsequently determined H. Res. 494. A resolution recognizing the Protections For Wetlands and Ephemeral by the Speaker, in each case for consider- exemplary service of the soldiers of the 30th and Intermittent Streams‘‘; to the Com- ation of such provisions as fall within the ju- Infantry Division (Old Hickory) of the mittee on Transportation and Infrastruc- risdiction of the committee concerned. United States Army during World War II; to ture. By Mr. NADLER of New York (for him- the Committee on Armed Services. 61. Also, a memorial of the 75th Legislative self, Ms. LEE of California, Mr. By Mr. POE of Texas (for himself, Mr. Assembly of Oregon, relative to Senate Joint MCDERMOTT, Mr. CROWLEY, Mr. BER- BILIRAKIS, Mr. MCCOTTER, Mr. INGLIS, Memorial 1 urging the Congress of the MAN, Mr. GRIJALVA, Mr. PIERLUISI, Mr. ROONEY, Mr. COHEN, Mr. BURTON United States, to enact legislation allowing Mr. FRANK of Massachusetts, Mr. of Indiana, Ms. BORDALLO, and Mr. Oregon veterans to obtain Oregon home SERRANO, Mr. LEWIS of Georgia, Mr. KING of New York): loans at any time after a veteran has sepa- CASTLE, Mr. HINCHEY, Ms. NORTON, H. Res. 495. A resolution recognizing and rated from services; to the Committee on Mr. WAXMAN, Mr. ABERCROMBIE, Mr. honoring the Americans troops who gave Veterans’ Affairs. MARKEY of Massachusetts, Mr. their lives on D-Day at the Battle of Nor- 62. Also, a memorial of the Seventy-fifth KUCINICH, and Mrs. CHRISTENSEN): mandy; to the Committee on Armed Serv- H. Con. Res. 137. Concurrent resolution ex- ices. Legislative Assembly of Oregon, relative to pressing the sense of the Congress that the By Mr. POE of Texas: Senate Joint Memorial 3, urging the Con- lack of adequate housing must be addressed H. Res. 496. A resolution recognizing the gress of the United States, to enact legisla- as a barrier to effective HIV prevention, 20th anniversary of the fall of the Berlin tion that increases funding levels for the treatment, and care, and that the United Wall; to the Committee on Foreign Affairs. United States Department of Veterans Af- States should make a commitment to pro- By Mr. ROGERS of Michigan (for him- fairs and the Veterans Health Administra- viding adequate funding for developing hous- self, Mr. BOEHNER, Mr. HOEKSTRA, Mr. tion to meet honorably discharged veteran’s ing as a response to the AIDS pandemic; to BILIRAKIS, Mr. BLUNT, Mr. BROUN of health care requirements and to enact legis- the Committee on Financial Services. Georgia, Mr. BURTON of Indiana, Mr. lation that provides universal health care access for honorably discharged veterans and By Mr. LEVIN (for himself, Mr. SMITH CONAWAY, Mr. DENT, Mr. FRANKS of their families; to the Committee on Vet- of New Jersey, Mr. BERMAN, Ms. ROS- Arizona, Mr. GALLEGLY, Mr. KLINE of erans’ Affairs. LEHTINEN, Mr. MCGOVERN, Mr. WOLF, Minnesota, Mr. LAMBORN, Mr. Mr. POE of Texas, Mr. INGLIS, Mr. MCCAUL, Mr. MCKEON, Mr. MILLER of f ROHRABACHER, Mr. MCCOTTER, Mr. Florida, Mrs. MYRICK, Mr. ROONEY, FRANKS of Arizona, Mr. MINNICK, Mr. Mr. SHUSTER, Mr. SMITH of Texas, Mr. PRIVATE BILLS AND ROGERS of Alabama, Mr. PASCRELL, SOUDER, Mr. THORNBERRY, Mr. WIL- RESOLUTIONS Mr. WALZ, Mr. WU, Mr. HOLT, Mr. SON of South Carolina, Mr. MCCAR- Under clause 3 of rule XII, GUTIERREZ, Mr. BURTON of Indiana, THY of California, and Mr. SESSIONS): Mr. HIMES introduced a bill (H.R. 2671) Mr. WAXMAN, and Ms. SCHAKOWSKY): H. Res. 497. A resolution honoring the H. Res. 489. A resolution recognizing the brave men and women of the intelligence to authorize the Secretary of the de- twentieth anniversary of the suppression of community of the United States whose tire- partment in which the Coast Guard is protesters and citizens in and around less and selfless work has protected America operating to issue a certificate of Tiananmen Square in Beijing, People’s Re- from a terrorist attack for the past eight documentation with a coastwise en- public of China, on June 3 and 4, 1989 and ex- years, and for other purposes; to the Com- dorsement for the vessel M/V pressing sympathy to the families of those mittee on Intelligence (Permanent Select). GEYSIR; which was referred to the killed, tortured, and imprisoned in connec- By Mr. TEAGUE (for himself, Mr. Committee on Transportation and In- tion with the democracy protests in REYES, Mr. MCCAUL, Mr. THOMPSON of frastructure. Tiananmen Square and other parts of China Mississippi, Mr. HINOJOSA, Mr. f on June 3 and 4, 1989 and thereafter; to the RODRIGUEZ, Mr. KING of New York, Committee on Foreign Affairs. considered Mr. ORTIZ, Ms. LORETTA SANCHEZ of ADDITIONAL SPONSORS and agreed to. considered and agreed to. California, Mr. CUELLAR, Mrs. KIRK- Under clause 7 of rule XII, sponsors PATRICK of Arizona, Mr. KRATOVIL, By Mr. ADLER of New Jersey (for him- were added to public bills and resolu- self, Mrs. LUMMIS, Ms. BORDALLO, Mr. Mr. FILNER, Mr. SHULER, Mr. BRADY tions as follows: MCGOVERN, Mr. TEAGUE, and Mr. of Texas, Mr. ROYCE, Mr. BILIRAKIS, LANCE): Mr. BILBRAY, Mr. ROHRABACHER, Mr. June 2, 2009 H. Res. 491. A resolution encouraging each MARCHANT, Mr. CARTER, Mr. SMITH of H.R. 13: Mr. HINCHEY and Mr. YOUNG of institution of higher education in the coun- Texas, Mr. BROUN of Georgia, Mr. Alaska. try to seek membership in the JONES, Mr. POE of Texas, Mr. H.R. 17: Mr. PLATTS and Mr. BILIRAKIS. Servicemembers Opportunity Colleges (SOC) CONAWAY, Mr. NEUGEBAUER, Mr. CAO, H.R. 21: Mr. MCNERNEY and Mr. SABLAN. Consortium; to the Committee on Education Ms. GIFFORDS, Mr. GALLEGLY, Mrs. H.R. 22: Mr. RUPPERSBERGER and Mr. AUS- and Labor. MILLER of Michigan, Mr. MINNICK, TRIA. By Mr. CARNAHAN (for himself and Mr. PRICE of North Carolina, Mr. H.R. 43: Mr. WALDEN, Mr. YOUNG of Alaska, Mrs. BIGGERT): GORDON of Tennessee, Mrs. MCMORRIS Mr. HINCHEY, Mr. PUTNAM, Mr. THOMPSON of H. Res. 492. A resolution supporting the RODGERS, Mrs. BLACKBURN, Mr. BUR- Pennsylvania, Ms. GIFFORDS, Mrs. CAPPS, goals and ideals of High-Performance Build- TON of Indiana, and Ms. TITUS): Mr. OBERSTAR, Mr. FLEMING, Mr. HINOJOSA,

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Mr. BOREN, Mr. PAULSEN, Mr. LATOURETTE, H.R. 1165: Mr. FILNER. H.R. 1604: Mr. GUTIERREZ. and Mr. OLVER. H.R. 1173: Mr. BRADY of Pennsylvania. H.R. 1612: Mr. SARBANES, Mr. FILNER, Mrs. H.R. 55: Mr. HIMES and Mr. CONNOLLY of H.R. 1177: Mr. KLEIN of Florida, Mrs. CAPPS, Mr. PAYNE, Ms. HIRONO, and Mr. KIL- Virginia. BLACKBURN, Mrs. MYRICK, and Mr. WILSON of DEE. H.R. 60: Mr. COURTNEY. South Carolina. H.R. 1616: Mr. GEORGE MILLER of Cali- H.R. 104: Mr. KUCINICH and Mr. H.R. 1179: Mr. FORBES, Mr. LOBIONDO, Mr. fornia, Mr. CROWLEY, MR. CONNOLLY of Vir- MCDERMOTT. MASSA, Mr. SERRANO, Ms. WATERS, Mr. WU, ginia, Mr. KUCINICH, Mr. ELLISON, Ms. BERK- H.R. 137: Mr. WAMP and Mr. LAMBORN. Mr. BOSWELL, Mr. CONNOLLY of Virginia, and LEY, and Mr. HOLT. H.R. 158: Ms. ESHOO. Mr. PETRI. H.R. 1618: Mr. WU, Ms. FUDGE, and Ms. WA- H.R. 179: Ms. BORDALLO. H.R. 1182: Mr. REYES, Mr. MASSA, Mr. TERS. H.R. 181: Mr. FORTENBERRY. DOYLE, and Mr. PIERLUISI. H.R. 1620: Mr. GOODLATTE. H.R. 182: Mr. HINOJOSA and Ms. ROYBAL-AL- H.R. 1185: Ms. BALDWIN. H.R. 1633: Mr. WAXMAN and Mr. JONES. LARD. H.R. 1190: Mr. BACHUS and Mr. HODES. H.R. 1646: Mr. WOLF, Mr. GORDON of Ten- H.R. 187: Mr. FARR. H.R. 1204: Mr. LARSEN of Washington, Mr. nessee, and Mrs. BONO MACK. H.R. 188: Mr. FARR. BOYD, and Mr. BACHUS. H.R. 1675: Ms. MOORE of Wisconsin. H.R. 197: Mr. BOUSTANY, Mr. GOODLATTE, H.R. 1207: Mr. JORDAN of Ohio, Mr. HIN- H.R. 1684: Mr. CARTER, Mr. CANTOR, Mr. and Mr. LAMBORN. CHEY, and Mr. ROSKAM. MATHESON, Mr. MCCOTTER, and Mr. TIAHRT. H.R. 204: Mr. STARK, Mr. HOLT, Mr. FILNER, H.R. 1213: Mr. GORDON of Tennessee, Ms. H.R. 1685: Mr. ELLISON and Ms. CLARKE. Mr. WAXMAN, Mr. HINCHEY, Mr. GRIJALVA, SCHAKOWSKY, and Mr. GONZALEZ. H.R. 1691: Mrs. BONO MACK and Mr. WAMP. Mr. BERMAN, and Mr. HONDA. H.R. 1283: Mr. QUIGLEY. H.R. 1708: Mr. CONNOLLY of Virginia, Mr. H.R. 205: Mr. REICHERT, Mr. CALVERT, and H.R. 1293: Mr. CASSIDY and Ms. ROS- FILNER, Mr. SCOTT of Georgia, and Mr. MCIN- Mrs. CAPITO. LEHTINEN. TYRE. H.R. 270: Mr. WAMP, Mr. BOREN, and Mr. H.R. 1295: Mr. KING of New York. H.R. 1740: Mr. GERLACH. RODRIGUEZ. H.R. 1302: Mr. LATHAM. H.R. 1751: Mr. CUMMINGS, Ms. JACKSON-LEE H.R. 297: Mr. CASSIDY. H.R. 1303: Ms. NORTON. of Texas, Mr. ELLISON, and Mr. MCDERMOTT. H.R. 303: Mr. PLATTS, Mrs. LOWEY, and Mr. H.R. 1310: Ms. SPEIER and Ms. RICHARDSON. H.R. 1790: Mr. GRIJALVA. MARCHANT. H.R. 1313: Mr. FOSTER, Mr. GONZALEZ, and H.R. 1799: Mr. BARTLETT. H.R. 329: Mr. STARK and Mr. KUCINICH. Mr. GINGREY of Georgia. H.R. 1826: Mr. CUMMINGS, Mr. JOHNSON of H.R. 333: Mrs. LOWEY and Mr. PLATTS. H.R. 1322: Mr. GENE GREEN of Texas, Mr. Georgia, Mr. HARE, Mr. CONNOLLY of Vir- H.R. 426: Mr. GUTHRIE. LOEBSACK, Ms. MCCOLLUM, Mr. HINCHEY, Mr. ginia, Mr. HODES, and Mr. HONDA. H.R. 430: Mr. COURTNEY. LYNCH, Mr. WILSON of Ohio, Mr. HOLT, Mr. H.R. 1835: Mr. MCCOTTER, Mr. CUELLAR, Mr. H.R. 433: Mr. PIERLUISI and Mr. RODRIGUEZ. WU, Mr. FILNER, and Mrs. MALONEY. PIERLUISI, Mr. SNYDER, Mr. SALAZAR, and H.R. 450: Mr. WITTMAN, Mr. NEUGEBAUER, H.R. 1327: Mr. HEINRICH, Mr. LEVIN, Mr. Ms. NORTON. and Mr. BILIRAKIS. PAYNE, and Mr. COURTNEY. H.R. 1836: Mr. CALVERT. H.R. 482: Mr. PIERLUISI, Mr. SPRATT, and H.R. 1339: Mr. BOYD and Mr. RYAN of Ohio. H.R. 1845: Mr. DOYLE and Mr. THOMPSON of Mr. ROGERS of Kentucky. H.R. 1346: Ms. ROS-LEHTINEN, Mr. MILLER Pennsylvania. H.R. 1848: Mr. TONKO. H.R. 503: Mr. SARBANES and Mr. PALLONE. of North Carolina, and Mrs. HALVORSON. H.R. 1868: Mr. GARRETT of New Jersey, Mr. H.R. 556: Mr. MCDERMOTT, Mr. H.R. 1349: Mr. KILDEE. BILIRAKIS, Mr. COBLE, Mr. FORTENBERRY, Mr. BLUMENAUER, Mr. NEAL of Massachusetts, H.R. 1362: Mr. PASCRELL, Mr. GALLEGLY, ROGERS of Alabama, Mr. SMITH of Texas, Mr. and Mr. NADLER of New York. and Mr. REICHERT. POSEY, Mr. BACHUS, Mr. BONNER, Mr. H.R. 560: Mr. DAVIS of Kentucky. H.R. 1380: Mr. HINOJOSA, Ms. ROYBAL-AL- CARTER, Mr. GRAVES, Mr. HALL of Texas, Mr. H.R. 569: Mr. BERMAN. LARD, Mr. BUTTERFIELD, Mr. LANGEVIN, Mr. C EON ICA ITTS OSKAM H.R. 614: Mr. BILIRAKIS. BOREN, Mr. BACA, Ms. WATSON, Mr. SCOTT of M K , Mr. M , Mr. P , Mr. R , H.R. 615: Mr. STARK. Georgia, Mr. JOHNSON of Georgia, Mr. SNY- Mr. SESSIONS, Mr. SOUDER, Mr. STEARNS, Mr. H.R. 621: Mr. CAO, Mr. DAVIS of Kentucky, DER, Mr. CONNOLLY of Virginia, Mr. SCOTT of SHUSTER, Mr. SULLIVAN, Mr. WAMP, Mr. WIL- Mr. ALEXANDER, Mr. CUMMINGS, Mr. HARE, Virginia, Ms. DELAURO, Ms. FUDGE, and Mr. SON of South Carolina, Mr. BURGESS, and Mr. Ms. HERSETH SANDLIN, Mr. SNYDER, Mr. CARNEY. PENCE. H.R. 1897: Mr. MICHAUD, Mr. WEXLER, Mr. ROSS, Ms. LINDA T. SA´ NCHEZ of California, H.R. 1389: Mr. RODRIGUEZ. GRAYSON, Mr. DEFAZIO, Mr. CALVERT, Mr. Mr. DICKS, Mr. HIMES, and Mr. CULBERSON. H.R. 1392: Ms. WATERS and Ms. CORRINE ERLACH OONEY AUL H.R. 622: Mr. MILLER of North Carolina, BROWN of Florida. G , Mr. R , and Mr. P . H.R. 1903: Mr. POSEY. Mr. BLUMENAUER, and Mr. THOMPSON of H.R. 1441: Mr. PRICE of Georgia and Mr. H.R. 1912: Mr. WELCH, Mr. GRIJALVA, Mr. Pennsylvania. BURTON of Indiana. TONKO, and Mr. HINCHEY. H.R. 653: Mr. HOLT. H.R. 1454: Mr. MCCOTTER, Mr. H.R. 1927: Mr. COHEN, Mr. ANDREWS, Ms. H.R. 676: Ms. FUDGE. BUTTERFIELD, Mr. ISRAEL, Mr. CONNOLLY of NORTON, Mr. LATHAM, and Mr. HINCHEY. H.R. 699: Ms. WATERS and Mr. WU. Virginia, Mr. LATHAM, and Mr. MCMAHON. H.R. 1932: Mr. KUCINICH. H.R. 716: Mr. CULBERSON. H.R. 1458: Ms. WOOLSEY, Mr. LOBIONDO, Mr. H.R. 1934: Mrs. BIGGERT. H.R. 745: Mr. GALLEGLY and Mrs. MARSHALL, Mr. INSLEE, and Mr. MCCOTTER. H.R. 1956: Mr. ELLISON, Mr. ABERCROMBIE, HALVORSON. H.R. 1474: Mr. LOEBSACK, Mr. TANNER, and and Mrs. BACHMANN. H.R. 816: Mrs. LOWEY, Mr. BILIRAKIS, Mr. Mr. GUTIERREZ. H.R. 1958: Mr. GRIJALVA and Ms. ROS- GONZALEZ, Mr. KILDEE, Mr. CHANDLER, Mr. H.R. 1475: Mr. WAXMAN and Ms. ZOE LEHTINEN. GUTIERREZ, Mr. STARK, Mr. WU, Mr. MITCH- LOFGREN of California. H.R. 1963: Mr. MEEK of Florida and Mr. ELL, Mr. KLEIN of Florida, Mr. SMITH of H.R. 1479: Mr. HONDA, Mr. THOMPSON of BRADY of Pennsylvania. Texas, Mr. WEXLER, Mr. VAN HOLLEN, and Mississippi, Ms. CORRINE BROWN of Florida, H.R. 1969: Mr. MCCOTTER. and Mr. MEEKS of New York. Mrs. TAUSCHER. H.R. 1985: Mr. FORBES. H.R. 1505: Ms. GRANGER. H.R. 832: Mr. BERMAN. H.R. 2002: Mr. PITTS. ERLACH OYBAL L H.R. 877: Mr. HENSARLING. H.R. 1521: Mr. G , Ms. R -A - H.R. 2009: Mr. SCHOCK. H.R. 881: Mr. HENSARLING. LARD, Ms. MATSUI, Mr. STEARNS, Mr. LANCE, H.R. 2016: Mr. GRIJALVA. H.R. 904: Mr. LINCOLN DIAZ-BALART of Flor- Mr. DAVIS of Kentucky, Mr. BROWN of South H.R. 2017: Mr. SPRATT, Mr. KLEIN of Flor- ida and Mr. INSLEE. Carolina, Mrs. CAPPS, Mr. WILSON of South ida, Mr. YOUNG of Alaska, Mr. BROWN of H.R. 913: Mr. FILNER. Carolina, Mr. PAYNE, Mr. HINOJOSA, Mr. South Carolina, Mr. KIND, Mr. GORDON of H.R. 930: Mr. LOBIONDO. LOBIONDO, and Mr. ADLER of New Jersey. Tennessee, Mr. MCCAUL, Mr. TIBERI, and Mr. H.R. 948: Mr. GERLACH and Mr. LARSEN of H.R. 1523: Mr. KUCINICH, Mr. SMITH of New PLATTS. Washington. Jersey, Mr. RUSH, Mr. QUIGLEY, Mr. TONKO, H.R. 2027: Mr. CONAWAY. H.R. 958: Mr. BRADY of Pennsylvania, Mr. Mr. FILNER, Mr. GUTIERREZ, and Mr. INSLEE. H.R. 2028: Mr. PLATTS. BACA, Mr. MCINTYRE, Ms. DELAURO, Mr. H.R. 1545: Ms. KILROY and Mr. MCMAHON. H.R. 2030: Mr. LINDER and Mr. GUTIERREZ. TONKO, Ms. BALDWIN, Mr. GUTIERREZ, Ms. H.R. 1548: Mrs. HALVORSON, Mr. CASSIDY, H.R. 2031: Mr. COURTNEY. MCCOLLUM, Mr. MINNICK, and Mr. RAHALL. Mrs. MCMORRIS RODGERS, Mr. GONZALEZ, Mr. H.R. 2056: Mr. GRIJALVA. H.R. 964: Mr. ADERHOLT. GRAVES, and Mr. POE of Texas. H.R. 2060: Mr. GRIJALVA, Mr. PIERLUISI, and H.R. 1021: Mr. RADANOVICH. H.R. 1551: Ms. EDWARDS of Maryland, Mr. Mr. LANGEVIN. H.R. 1064: Mr. WAXMAN, Mr. PLATTS, Mr. CARSON of Indiana, Mr. MASSA, Mr. ELLISON, H.R. 2064: Mr. BURTON of Indiana. WITTMAN, and Mr. WOLF. and Mr. SARBANES. H.R. 2067: Ms. ROYBAL-ALLARD. H.R. 1066: Ms. SCHWARTZ, Ms. WATERS, and H.R. 1552: Mr. CALVERT and Ms. MARKEY of H.R. 2076: Mrs. DAVIS of California and Mr. Ms. CLARKE. Colorado. WAXMAN. H.R. 1074: Mr. CARTER and Mr. LAMBORN. H.R. 1577: Mr. NYE. H.R. 2093: Mrs. DAHLKEMPER. H.R. 1085: Mr. HOLT. H.R. 1584: Mr. KING of New York and Mr. H.R. 2095: Mr. LARSON of Connecticut and H.R. 1086: Mr. MCHUGH. COURTNEY. Mr. HASTINGS of Florida. H.R. 1101: Mr. GRIJALVA and Mr. KUCINICH. H.R. 1588: Mr. THORNBERRY and Mr. WAMP. H.R. 2102: Mr. DICKS and Mr. MOORE of Kan- H.R. 1126: Mr. TIBERI and Mr. BAIRD. H.R. 1596: Mr. COURTNEY. sas.

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H.R. 2115: Mr. LOBIONDO. H.R. 2458: Mr. CARTER. CONAWAY, Mr. HERGER, Mr. JORDAN of Ohio, H.R. 2129: Mr. HALL of New York and Mrs. H.R. 2474: Ms. WATSON, Mrs. NAPOLITANO, Mr. MILLER of Florida, Mr. ROE of Tennessee, CAPPS. Mr. BACA, and Mr. STARK. Mr. ROGERS of Michigan, Mrs. SCHMIDT, Mr. H.R. 2138: Mr. AL GREEN of Texas. H.R. 2478: Ms. LEE of California, Ms. MOORE FORTENBERRY, Mr. SENSENBRENNER, Mr. H.R. 2139: Mr. NADLER of New York, Mr. of Wisconsin, and Mr. MORAN of Virginia. PITTS, Mr. MCCLINTOCK, and Mr. KING of New MICHAUD, Mr. WAXMAN, Mrs. DAVIS of Cali- H.R. 2493: Mr. HIGGINS. York. fornia, and Mr. BISHOP of New York. H.R. 2499: Mr. THOMPSON of Pennsylvania, H. Con. Res. 135: Mr. MCCARTHY of Cali- H.R. 2149: Mr. WU and Mr. MCCOTTER. Mr. PETERSON, Mr. KUCINICH, Mr. AL GREEN fornia and Ms. RICHARDSON. H.R. 2160: Mr. BARTLETT and Mr. GORDON of of Texas, Mr. CULBERSON, Mr. CARSON of In- H. Con. Res. 136: Mr. CUMMINGS. Tennessee. diana, Ms. SUTTON, and Mr. PRICE of North H. Res. 54: Mr. TIAHRT. H.R. 2161: Mr. SARBANES. Carolina. H. Res. 57: Ms. NORTON. H.R. 2190: Ms. DEGETTE. H.R. 2504: Mr. HARE. H. Res. 69: Mr. CARDOZA, Mr. BERMAN, Mr. H.R. 2194: Mr. LARSON of Connecticut, Mr. H.R. 2509: Mr. FRANKS of Arizona and Mr. RODRIGUEZ, Mr. FILNER, and Mr. LUJA´ N. GRIFFITH, Mr. BISHOP of New York, Mr. MITCHELL. H. Res. 89: Mr. ALTMIRE, Ms. TITUS, Mr. DAVIS of Tennessee, Ms. GRANGER, Mr. H.R. 2515: Ms. SCHAKOWSKY. MAFFEI, Mr. LUJA´ N, Mr. CARNEY, and Ms. CARTER, Mr. ROSKAM, Mr. PRICE of Georgia, H.R. 2516: Mrs. LUMMIS. WATSON. Mr. WILSON of Ohio, Mr. DAVIS of Alabama, H.R. 2517: Ms. CLARKE, Mr. HINCHEY, Mr. H. Res. 111: Mr. PASCRELL, Mr. AKIN, Mr. Mr. VISCLOSKY, Mr. BOYD, and Mr. CLEAVER. ISRAEL, Mr. MEEK of Florida, Mr. LARSON of BOREN, and Ms. PINGREE of Maine. H.R. 2209: Ms. WATERS and Mr. STARK. Connecticut, Mr. SESTAK, Mr. DEFAZIO, and H. Res. 130: Mr. COURTNEY. H.R. 2243: Mr. CASSIDY. Mr. FRANK of Massachusetts. H. Res. 150: Mr. FILNER. H.R. 2246: Mr. SCOTT of Virginia and Mr. H.R. 2523: Mr. LUJA´ N, Ms. MCCOLLUM, and H. Res. 156: Mr. YOUNG of Alaska, Mr. ELLISON. Mr. KILDEE. WAMP, and Mr. TIBERI. H.R. 2261: Mr. MCCOTTER. H.R. 2525: Mr. SMITH of New Jersey, Mr. H. Res. 175: Mr. WAMP and Mr. CALVERT. H.R. 2269: Mr. RUSH, Ms. JACKSON-LEE of HOLT, and Mr. FILNER. H. Res. 225: Mr. POE of Texas and Mr. Texas, and Mr. BRADY of Pennsylvania. H.R. 2554: Mr. SOUDER, Mr. BERRY, Mr. CULBERSON. H.R. 2274: Mr. FRANKS of Arizona, Ms. LANCE, and Mr. ROSKAM. H. Res. 232: Mr. DAVIS of Kentucky and Mr. FOXX, and Mr. TIAHRT. H.R. 2555: Mr. JOHNSON of Georgia, Mr. SESTAK. H. Res. 259: Mr. SCALISE, Mr. BOREN, Mr. H.R. 2279: Ms. WATERS. CAPUANO, Mr. ELLISON, Ms. HIRONO, Mr. POE of Texas, Mr. WAMP, Mr. MCHENRY, and H.R. 2287: Mr. CULBERSON, Mr. BROWN of MORAN of Virginia, Mr. PIERLUISI, and Mr. Mr. NYE. South Carolina, Mr. WAMP, and Mrs. MARIO DIAZ-BALART of Florida. H. Res. 260: Ms. CLARKE, Mr. CLYBURN, Mr. BLACKBURN. H.R. 2559: Mr. WALZ. PAULSEN, Mr. FILNER, Ms. RICHARDSON, Mr. H.R. 2289: Ms. JACKSON-LEE of Texas. H.R. 2567: Mr. GEORGE MILLER of Cali- BARROW, and Ms. SCHAKOWSKY. H.R. 2294: Mr. AKIN, Mr. BUCHANAN, and Mr. fornia, Mr. ELLISON, Mr. BOUCHER, and Ms. H. Res. 274: Ms. SCHAKOWSKY and Mr. RAN- RADANOVICH. BEAN. GEL. H.R. 2296: Mr. CARTER, Mr. ROSS, Mr. BUR- H.R. 2568: Mr. COSTA and Ms. WOOLSEY. H. Res. 285: Mr. LEWIS of Georgia and Mr. TON of Indiana, Ms. HERSETH SANDLIN, Mr. H.R. 2571: Mr. MURPHY of Connecticut. HOEKSTRA. CHILDERS, Mr. CHANDLER, Mr. GORDON of H.R. 2583: Ms. BORDALLO. H. Res. 309: Mr. CALVERT, Mr. INGLIS, and Tennessee, Mr. BOUSTANY, Mr. WILSON of H.R. 2594: Mr. MINNICK, Mr. WAMP, Mr. Mr. ROYCE. Ohio, Mr. BOUCHER, Mr. PETERSON, Mr. WALZ, BOREN, and Mr. CULBERSON. H. Res. 314: Ms. SUTTON, Mr. BLUMENAUER, Mr. CASSIDY, Mr. BOOZMAN, Mr. CARNEY, and H.R. 2608: Mr. ADERHOLT, Mr. BURTON of In- Ms. CASTOR of Florida, Mr. CAPUANO, Mr. Mr. DAVIS of Alabama. diana, Mr. DANIEL E. LUNGREN of California, DAVIS of Illinois, Mr. HIGGINS, Mr. MORAN of H.R. 2298: Ms. BERKLEY. Mr. HARPER, Mr. COSTELLO, Mr. BARRETT of Virginia, Mr. MACK, Mrs. BONO MACK, Mr. H.R. 2300: Mr. RYAN of Wisconsin and Mr. South Carolina, Mr. SOUDER, Mr. CHILDERS, LANGEVIN, Ms. TSONGAS, Mrs. DAVIS of Cali- BROWN of South Carolina. Mr. WAMP, Mrs. MCMORRIS RODGERS, Mr. fornia, Ms. GIFFORDS, Mr. LUJA´ N, Mr. BECER- H.R. 2311: Mr. CONNOLLY of Virginia. PITTS, and Mr. HOEKSTRA. RA, Mr. MCMAHON, Mr. PETERS, and Mr. H.R. 2312: Mr. CONNOLLY of Virginia. H.R. 2613: Mr. ROTHMAN of New Jersey. SCHRADER. H.R. 2313: Mr. CONNOLLY of Virginia. H.J. Res. 26: Mr. SNYDER. H. Res. 318: Mr. TAYLOR, Mr. LATTA, and H.R. 2329: Mr. CHAFFETZ, Ms. MCCOLLUM, H.J. Res. 47: Mrs. BIGGERT, Mr. MANZULLO, Mr. BURTON of Indiana. Ms. ROS-LEHTINEN, Mr. GRIJALVA, Mr. MIL- Mr. SHUSTER, Mr. MCCAUL, Mrs. BLACKBURN, H. Res. 330: Mr. BRADY of Pennsylvania, LER of North Carolina, Mr. WILSON of Ohio, Mr. KAGEN, Mr. PLATTS, Mr. EDWARDS of Mr. CHILDERS, Mr. MATHESON, Mr. CARDOZA, Mr. ETHERIDGE, Mr. BURGESS, Mr. HINCHEY, Texas, and Mr. WOLF. Mr. INGLIS, Mr. MILLER of North Carolina, Mr. COURTNEY, Mr. TONKO, Ms. BORDALLO, H. Con. Res. 18: Mr. STARK. Mr. SPRATT, Mr. PETERSON, Mr. DAVIS of Ala- and Mr. FILNER. H. Con. Res. 46: Mr. FILNER. bama, Mr. MASSA, and Mr. KLINE of Min- H.R. 2339: Mr. GRAYSON. H. Con. Res. 49: Mr. KILDEE, Mr. BILIRAKIS, nesota. H.R. 2345: Mr. LARSEN of Washington, Mr. Mr. LANCE, Ms. BERKLEY, Mr. TEAGUE, Mr. H. Res. 364: Ms. SCHWARTZ, Mrs. TAUSCHER, PUTNAM, and Mr. HASTINGS of Washington. LUJA´ N, Mr. ROYCE, Ms. SCHWARTZ, Mr. ING- Mr. MARKEY of Massachusetts, Mr. GUTIER- H.R. 2349: Ms. KAPTUR. LIS, and Mr. KIND. REZ, and Mr. PIERLUISI. H.R. 2350: Mr. OBERSTAR and Mr. H. Con. Res. 57: Mr. CONNOLLY of Virginia. H. Res. 383: Mr. HINCHEY. H. Con. Res. 59: Mr. FLEMING and Mr. MCMAHON. H. Res. 394: Mr. ROHRABACHER. ATHAM H.R. 2358: Ms. SCHAKOWSKY and Ms. ROY- L . H. Res. 397: Mr. SAM JOHNSON of Texas and H. Con. Res. 74: Ms. BORDALLO and Mr. BAL-ALLARD. Mr. GORDON of Tennessee. H.R. 2365: Ms. KAPTUR and Mr. SPACE. PAYNE. H. Res. 407: Ms. SCHAKOWSKY, Mr. H.R. 2368: Mr. FILNER. H. Con. Res. 91: Mr. RANGEL. PIERLUISI, and Mr. WEINER. H.R. 2373: Mr. BISHOP of Georgia, Mr. ROTH- H. Con. Res. 98: Ms. DELAURO. H. Res. 408: Mr. HUNTER. MAN of New Jersey, Mr. BRALEY of Iowa, Mr. H. Con. Res. 102: Mr. KENNEDY, Ms. MCCOL- H. Res. 409: Mr. CHAFFETZ, Mr. BURGESS, BOUCHER, Mr. VISCLOSKY, Mr. BARROW, Mr. LUM, Mr. MILLER of North Carolina, and Mr. Mr. LATTA, and Mr. CALVERT. FRELINGHUYSEN, Mr. LEWIS of Georgia, Mr. CONNOLLY of Virginia. H. Res. 418: Mr. PRICE of Georgia. OBERSTAR, Mr. SMITH of New Jersey, Mr. H. Con. Res. 108: Ms. MOORE of Wisconsin H. Res. 420: Mr. SKELTON, Mr. MANZULLO, HINCHEY, and Mr. SCOTT of Georgia. and Ms. SHEA-PORTER. Mr. PITTS, Mrs. KIRKPATRICK of Arizona, Mr. H.R. 2393: Mr. JONES, Mr. WITTMAN, and Mr. H. Con. Res. 109: Mr. ALTMIRE, Mr. THOMP- BURGESS, and Mr. FLEMING. WILSON of South Carolina. SON of Pennsylvania, Mr. WALDEN, Ms. SHEA- H. Res. 429: Mr. PASTOR of Arizona, Ms. H.R. 2401: Ms. NORTON. PORTER, Mrs. BLACKBURN, Mr. PALLONE, and BEAN, Mr. TANNER, Mr. CARNEY, Mr. BOU- H.R. 2404: Ms. HIRONO. Mr. CALVERT. CHER, Mr. ABERCROMBIE, and Mr. CARDOZA. H.R. 2408: Mr. ISRAEL, Mrs. MILLER of H. Con. Res. 117: Mr. HARE. H. Res. 440: Mr. SCHRADER. Michigan, and Mrs. BONO MACK. H. Con. Res. 118: Mr. HOLT. H. Res. 465: Mr. JONES, Mr. KINGSTON, Mr. H.R. 2414: Mr. REYES. H. Con. Res. 123: Mr. CALVERT, Mr. POSEY, MCINTYRE, Ms. WASSERMAN SCHULTZ, and Mr. H.R. 2415: Mr. HALL of New York, Ms. and Mr. MOORE of Kansas. WILSON of South Carolina. BORDALLO, and Mr. SIRES. H. Con. Res. 127: Mr. CONYERS, Ms. NORTON, H. Res. 467: Mr. LATOURETTE, Mr. RYAN of H.R. 2416: Mr. HALL of New York, Ms. Ms. WASSERMAN SCHULTZ, Mr. WATT, Mr. Ohio, Ms. KAPTUR, Mr. KUCINICH, Mr. AUS- BORDALLO, and Mr. SIRES. FALEOMAVAEGA, Mr. CLEAVER, Mr. HINCHEY, TRIA, and Mr. DRIEHAUS. H.R. 2424: Mr. CUMMINGS. Mr. THOMPSON of Mississippi, Mr. RUSH, Ms. H. Res. 471: Mr. ADERHOLT, Mr. CONNOLLY H.R. 2427: Mr. FILNER. CASTOR of Florida, Mr. MCGOVERN, Mr. DAVIS of Virginia, Mr. YOUNG of Florida, and Mr. H.R. 2448: Ms. SHEA-PORTER, Mr. COURTNEY, of Illinois, Mr. SERRANO, Mr. GONZALEZ, Mr. BISHOP of New York. Mr. PLATTS, Mr. WELCH, and Mr. WEXLER. STARK, Mr. BERMAN, Ms. RICHARDSON, Mr. H. Res. 475: Mr. MCDERMOTT, Mr. PRICE of H.R. 2452: Mr. CHILDERS, Mrs. MALONEY, GUTIERREZ, Mr. CUMMINGS, Mr. SABLAN, Ms. North Carolina, and Ms. EDWARDS of Mr. CARNEY, Ms. SCHWARTZ, Mr. GOHMERT, VELA´ ZQUEZ, and Mr. CARSON of Indiana. Maryland. and Mr. ISRAEL. H. Con. Res. 131: Mrs. BACHMANN, Mrs. H. Res. 476: Ms. RICHARDSON, Ms. FUDGE, H.R. 2453: Mr. DAVIS of Tennessee. BLACKBURN, Mr. BOUSTANY, Mr. CARTER, Mr. Mr. BISHOP of Georgia, Mr. COOPER, Mr.

VerDate Nov 24 2008 03:34 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.063 H02JNPT1 wwoods2 on PRODPC68 with HOUSE H6078 CONGRESSIONAL RECORD — HOUSE June 2, 2009 RUSH, Mr. SERRANO, Mr. SAM JOHNSON of limited tax benefits, or limited tariff child soldiers Omar Khadr and Mohammed Texas, Mr. DAVIS of Illinois, Mr. ISRAEL, Mr. benefits were submitted as follows: Jawad; to the Committee on Armed Services. MEEK of Florida, Mr. FATTAH, Mr. Amendment number 1 to be offered by Rep- 37. Also, a petition of the Town of BUTTERFIELD, Ms. CORRINE BROWN of Florida, resentative GOODLATTE of Virginia, or a des- Mr. SKELTON, and Ms. MOORE of Wisconsin. Shandaken, New York, relative to RESOLU- ignee, to H.R. 1385, the Thomasina E. Jordan H. Res. 480: Mr. MORAN of Virginia, Mr. TION #63 requesting the United States Con- Indian Tribes of Virginia Federal Recogni- HALL of New York, Mr. FARR, and Mr. FIL- gress, Governor of New York, New York tion Act, does not contain any congressional NER. State Legislature and New York State Board earmarks, limited tax benefits, or limited H. Res. 483: Mr. SPRATT, Ms. MCCOLLUM, of Elections to enact laws, rules and regula- Mr. ROGERS of Kentucky, Mrs. BLACKBURN, tariff benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI. tions and take all other needed actions to Mr. WALZ, Mr. ORTIZ, and Mr. GINGREY of specifically authorize the continued use of Georgia. f lever voting machines; to the Committee on H. Res. 484: Mr. MCDERMOTT. H. Res. 486: Mr. PAYNE. PETITIONS, ETC. House Administration. f Under clause 1 of Rule XXII, peti- 38. Also, a petition of the Democratic tions and papers were laid on the Party of Douglas County, Oregon, relative to CONGRESSIONAL EARMARKS, LIM- clerk’s desk and referred as follows: RESOLUTION NO. 2009-40 supporting Rep- ITED TAX BENEFITS, OR LIM- resentative Conyer’s investigation of Judge ITED TARIFF BENEFITS 36. The SPEAKER presented a petition of the California Federation of Teachers (CFT), Bybee’s role in authoring the ’’Torture Under clause 9 of rule XXI, lists or AFT, AFL-CIO, relative to 2009 CFT RESO- Memo’’ of August 1, 2002; to the Committee statements on congressional earmarks, LUTION 23 to Protect the human rights of on the Judiciary.

VerDate Nov 24 2008 03:34 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\A02JN7.071 H02JNPT1 wwoods2 on PRODPC68 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, TUESDAY, JUNE 2, 2009 No. 81 Senate The Senate met at 10 a.m. and was appoint the Honorable ROLAND W. BURRIS, a RECOGNITION OF THE MINORITY called to order by the Honorable RO- Senator from the State of Illinois, to per- LEADER form the duties of the Chair. LAND W. BURRIS, a Senator from the ROBERT C. BYRD, The ACTING PRESIDENT pro tem- State of Illinois. President pro tempore. pore. The minority leader is recognized. PRAYER Mr. BURRIS thereupon assumed the chair as Acting President pro tempore. f The Chaplain, Dr. Barry C. Black, offered the following prayer: f HEALTH CARE Let us pray. RECOGNITION OF THE MAJORITY Mr. MCCONNELL. Mr. President, yes- Eternal Father, we thank You for an- LEADER terday I noted that all of us wish to re- other day with its fresh promise, its The ACTING PRESIDENT pro tem- form health care but that we need to opportunities and duties. As our bodies pore. The majority leader is recog- do so without sacrificing what Ameri- are renewed, so give strength to our nized. cans like about our current system. minds and hearts to glorify You in our f They like the freedom, they like the lives. choice, they like the quality of care, Be near our Senators as they labor. SCHEDULE they like the options, and they like the For their added burdens, give them in- Mr. REID. Mr. President, following efficiency. I also noted that the kind of creased strength. Lord, to all who serve leader remarks, there will be a period government takeover of health care in the government, provide a full meas- of morning business until 11 a.m., with that some of our Democratic friends ure of grace and wisdom that all things the time equally divided between the are contemplating could lead to a de- may be ordered according to Your will. two leaders or their designees and with cline in every one of those things. This Help our lawmakers to be faithful and Senators permitted to speak for up to morning, I wish to explain in a little obedient to Your vision for our Nation 10 minutes each. At 11 a.m., the Senate greater detail how it could happen. as You keep them from becoming will turn to executive session and im- The first point I wish to make is that weary in their pursuit of Your pur- mediately proceed to vote on confirma- the very concept of a government opposes. tion of Regina McCarthy to be an As- tion is itself misleading. What starts We pray in Your loving Name. Amen. sistant Administrator of the Environ- out as an option could quickly become mental Protection Agency. It is ex- the only option. This is clear to anyone f pected that will be a voice vote, but we who realizes that, unlike market-based PLEDGE OF ALLEGIANCE will have to wait and see. health plans, any government-run plan Upon disposition of the nomination, would have unlimited access to tax- The Honorable ROLAND W. BURRIS led the Senate will resume legislative ses- the Pledge of Allegiance, as follows: payer money and could use that money sion and proceed to a rollcall vote on to subsidize the cost of services, and I pledge allegiance to the Flag of the the motion to invoke cloture on the artificially lower prices would make United States of America, and to the Repub- motion to proceed to H.R. 1256, the lic for which it stands, one nation under God, the government-run plan more attrac- Family Smoking Prevention and To- tive to individuals and businesses. indivisible, with liberty and justice for all. bacco Control Act. Therefore, Senators Some say this could be avoided by cre- f should expect at least one rollcall vote ating ‘‘safeguards’’ to ensure a level to begin at 11 a.m. The Senate will re- APPOINTMENT OF ACTING playing field for the market-based in- cess from 12:30 until 2:15 today to allow surers and a government plan. But no PRESIDENT PRO TEMPORE for the weekly caucus luncheons. The PRESIDING OFFICER. The Mr. President, I note the absence of a safeguard could create a truly level clerk will please read a communication quorum. playing field, and any safeguard could to the Senate from the President pro The ACTING PRESIDENT pro tem- easily be eliminated once a govern- tempore (Mr. BYRD). pore. The clerk will call the roll. ment plan is enacted. A government The legislative clerk read the fol- The legislative clerk proceeded to plan would also be able to operate at a lowing letter: call the roll. loss—a loss the taxpayers would have Mr. MCCONNELL. Mr. President, I to cover one way or another. U.S. SENATE, Government could also keep health PRESIDENT PRO TEMPORE, ask unanimous consent that the order Washington, DC, June 2, 2009. for the quorum call be rescinded. care costs artificially low by paying To the Senate: The ACTING PRESIDENT pro tem- providers less than private insurers do, Under the provisions of rule I, paragraph 3, pore. Without objection, it is so or- just as it already does with both Medi- of the Standing Rules of the Senate, I hereby dered. care and Medicaid. At first blush, that

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

S5911

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.000 S02JNPT1 smartinez on PROD1PC64 with SENATE S5912 CONGRESSIONAL RECORD — SENATE June 2, 2009 may actually sound appealing, but as Mr. President, I yield the floor. Indian law, and wildlife law. The Solic- we know, there is no such thing as a f itor is the Department’s general coun- free lunch. Let me explain. sel. She is solely responsible for the Right now, doctors and hospitals RESERVATION OF LEADER TIME legal work of the Department. By law, make up the difference between what a The ACTING PRESIDENT pro tem- all the legal work of the Department is procedure costs and what the govern- pore. Under the previous order, the performed under the supervision and ment is willing to pay for it by passing leadership time is reserved. direction of the Solicitor. She is re- those costs on to private insurers. But sponsible for the interpretation and ap- doctors and hospitals would likely get f plication of the legal authority affect- even less under a new government MORNING BUSINESS ing all of the actions taken under the health plan, so they would shift even Department of the Interior’s programs The ACTING PRESIDENT pro tem- more costs on to private insurers, who and operations. would then raise rates for individuals pore. Under the previous order, there The job requires a deep knowledge of and businesses even higher than they will now be a period for the transaction the law, professional experience, and were before. Once these higher rates of morning business until 11 a.m., with sound judgment. In my view, the Presi- take effect, employers would be all but Senators permitted to speak for up to dent has nominated such a person—a certain to start encouraging workers 10 minutes each, with the time equally person with demonstrated ability and to enroll in the government-run plan. divided and controlled between the two stature in this field in the person of As a result of all of this, it is easy to leaders or their designees. Hillary Tompkins. She earned a law de- see how private market health plans f gree at Stanford University Law would become more and more expen- School in 1996. She served as a trial at- sive and thus less and less affordable UNANIMOUS-CONSENT REQUEST— torney in the Environment and Natural and accessible. At some point, private EXECUTIVE CALENDAR Resources Division of the Department health plans would likely be crowded The ACTING PRESIDENT pro tem- of Justice, as a special Assistant U.S. out altogether, and government care pore. The Senator from New Mexico is Attorney in Brooklyn, as an associate would be the only option left. That is recognized. in Sonosky Chambers, one of the Na- where the delays and the denied care Mr. BINGAMAN. Mr. President, I ask tion’s leading law firms specializing in would begin to kick in. Under a govern- unanimous consent that the Senate Native American law, as chief counsel ment system, Americans would have no proceed to executive session to con- to the Governor of New Mexico, and as choice but to accept all the bureau- sider Calendar No. 97, the nomination an adjunct law professor at the Univer- cratic hassles and the endless time of Hillary Chandler Tompkins to be So- sity of New Mexico Law School. spent on hold waiting for a government licitor of the Department of the Inte- As chief counsel to Governor Bill service representative to take their rior; that the nomination be confirmed; Richardson, Ms. Tompkins dem- calls. They would also have to deal that the motion to reconsider be laid onstrated her ability to lead and man- with all of the restrictions of care that upon the table; that no further motions age a team of lawyers, to oversee the inevitably follow. What is being adver- be in order; that any statements re- general counsels of multiple agencies, tised as an option will eventually lead lated to the nomination be printed in and to render sound legal advice and to delays—delays in testing, delays in the RECORD; that upon confirmation, counsel. diagnosis, and delays in treatment. the President be immediately notified She will bring to the Solicitor’s of- So the question Americans need to of the Senate’s action; and that the fice considerable expertise in the areas ask themselves is whether this is the Senate then resume legislative session. of environmental, natural resources, reform they really want. Do we really The ACTING PRESIDENT pro tem- water, and Indian law, as well as expe- want a government takeover of health pore. Is there objection? rience in the areas of constitutional care, because that is what a so-called Mr. MCCONNELL. Mr. President, re- law, administrative law, and the legis- government option would lead to in serving the right to object, and I will lative process. very short order. Americans need to re- have to object, I would just say to my In addition, Ms. Tompkins has a com- alize that when someone says ‘‘govern- friend from New Mexico, we have not pelling personal story. She was born on ment option,’’ what could really occur been able to get that nomination the Navajo reservation, and although is a government takeover that soon cleared yet on this side, but we will be she was raised in New Jersey, she has could lead to government bureaucrats not lost touch with her Navajo herit- consulting with the Republican col- denying and delaying care and telling age. If confirmed, she will be the first leagues and at some point let him Americans what kind of care they can Native American, and only the second know whether it is possible to go for- have. woman, to hold the office of Solicitor. The irony in all of this is that as a ward. Therefore, I object. It is unclear to me why anyone would result of a government takeover of The ACTING PRESIDENT pro tem- object to confirming Ms. Tompkins. health care, the private plans tens of pore. Objection is heard. She is clearly well qualified for the po- millions of Americans currently enjoy Mr. BINGAMAN. Mr. President, let sition. At her hearing in April and in will eventually only be available to me briefly describe the circumstances the weeks since then, Senators on the just a very few wealthy Americans—to that caused me to make this unani- other side of the aisle have expressed those who are able to pay for more mous-consent request. I am obviously their concerns about departmental health care than they currently have disappointed there has been an objec- policies, over which Ms. Tompkins has and like. According to a recent study, tion raised to the confirmation of Ms. had no control and no responsibility. 119 million Americans would lose the Tompkins. I am advised that one or Secretary Salazar has bent over back- private coverage they currently have more Republican Members have placed wards to address those concerns, and it as a consequence of a government plan. an anonymous hold on her nomination. is my understanding all of those con- The best options would only remain The Solicitor of the Department of cerns now have been addressed. available to a select few. the Interior—the office to which the In any event, Senators had chosen to Over the last few months, we have President has nominated Ms. Tomp- place holds on David Hayes’s nomina- seen government getting involved in kins—is one of the most important tion to be the Deputy Secretary of the virtually every aspect of our economy. posts in the Department of the Interior Interior, rather than on Ms. Tompkins’ Washington is suddenly running the and one of the most important legal nomination, pending resolution of their banks and the auto companies. Now it positions in our government. The De- concerns. The holds on Mr. Hayes’s is thinking about running America’s partment of the Interior has broad au- nomination were lifted before the re- health care. The results, I am afraid, thority over the administration and cess, and he and all of the other De- would not lead to the kinds of reforms care of our public lands and natural re- partment of the Interior nominees have Americans really want in their health sources. Its many offices and bureaus now been confirmed. Only Ms. Tomp- care. Instead, it would lead to a system face daily a broad range of legal issues kins’ nomination is still being blocked. that most Americans would deeply re- requiring special expertise in public Many of the most pressing problems gret. land law, mining law, water rights law, facing the Department of the Interior

VerDate Nov 24 2008 01:43 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.001 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5913 are legal ones. During its final weeks, Hospitals, schools, farms, commer- The economic consequences of the the previous administration took a cial building and nursing homes will be ticking timebomb will be devastating. number of controversial actions. In its required to obtain preconstruction per- By the EPA’s own estimate, the typ- rush to lock in those actions before it mits for their activities. EPA says this ical preconstruction permit in 2007 cost left office, the previous administration will not occur, that they will use dis- each applicant $125,000 and 866 hours to failed to give adequate consideration cretion and good judgment. obtain. According to legal scholars, the stat- to various legal requirements. As a re- Ranchers or private nursing homes utory language in the Clean Air Act is sult, several of those actions have been have no background in this area. They mandatory and does not leave any overturned by the courts. will need to hire lawyers. They will Secretary Salazar has inherited this room for EPA to exercise discretion or need to hire experts. They will be tak- legacy and is doing his best to address create exceptions. ing time out of their day to figure out these problems. But he needs a Solic- The only jobs that will be created are all this redtape. itor. More than 4 months into the new in law firms as the litigation bonanza administration, the Department of the begins. EPA will be sued by environ- This will create such a fog of uncer- Interior should not still be without its mental groups wanting to eliminate ex- tainty with investors and small busi- top legal officer. And Ms. Tompkins empted sectors. The EPA will also be nesses. This makes small businesses should not still be the victim of anony- sued by industries not exempted. even riskier to lend money to; nobody mous holds. It will, as Democrat Congressman will know how much this will cost f JOHN DINGELL stated, be a glorious their business. mess. With lending having already ground DEATH OF ANASTASIOS ‘‘TASS’’ I have nothing personal against Mrs. HATJIKIRIAKOS to a halt, this is hardly the right move McCarthy. I simply wanted an answer to help our economy. Mr. BINGAMAN. Mr. President, I was to a question, the same question Amer- According to the U.S. Chamber of deeply sorry to learn this morning of icans all across our country want an- Commerce, there are 1.2 million the death of a long-time Senate em- swered: How are you going to protect schools, hospitals, nursing homes, ployee and friend, ‘‘Mr. Tass.’’ An inte- them? farms, small businesses, and other gral part of the Senate Resataurants I still do not have a credible answer commercial entities that would be vul- staff for many years, he was a great to this question. I am tired of the nerable to new controls, monitoring, friend to me and to my office. stonewalling. He died on Sunday from injuries re- Mrs. McCarthy believes that she can paperwork, and litigation. ceived when he was hit by a car in Sil- not answer the question until she is If even 1 percent of the 1.2 million ver Spring. All of us who knew him and confirmed by the Senate. That answer, have to get preconstruction permits, appreciated his service to the Senate I believe, is not good enough. that would mean 12,000 new join his family and friends in mourning She has also stated that she wanted preconstruction permits a year. his loss. He—and they—are in our to be informed of any potential law- By the EPA’s own analysis, if permit- thoughts and prayers. suit. She stated she wanted to discuss ting is increased by just two to three The ACTING PRESIDENT pro tem- the issue with the litigants in the thousand, this would impose ‘‘signifi- pore. The Senator from Wyoming is hopes of convincing them not to sue. cant new costs and an administrative recognized. Government officials can’t go around burden on permitting authorities.’’ Mr. BARRASSO. Mr. President, I ask the country trying to convince every According to the EPA, this ‘‘could unanimous consent to speak for up to litigant, whether it be a national envi- overwhelm permitting authorities.’’ ronmental group or a local group, not 15 minutes. The net result of all of this will be The ACTING PRESIDENT pro tem- to sue. thousands of jobs lost. pore. Without objection, it is so or- I have also posed this same question dered. to the EPA Administrator in the hopes As I have stated previously on the f that she could provide EPA’s plan on floor, if the administration can not tell behalf of Ms. McCarthy. us by what legal authority they can REGINA MCCARTHY EPA Administrator Lisa Jackson pick winners and losers, if the adminis- Mr. BARRASSO. Mr. President, I rise says that she can target what she regu- tration can not provide economic cer- today to offer my concerns regarding lates. She claims she will only target tainty to lenders and businesses, if the the nomination of Regina McCarthy to cars and trucks. administration does not know how be the Administrator for the Office of That is setting the precedent of pick- they will deal with all the thousands of Air and Radiation in the Environ- ing winners and losers. We do not know new preconstruction permits, they mental Protection Agency. what standards will be applied to make should take this job killing option off For the past few weeks, I have been those decisions. We do not know what the table. seeking responses from the nominee role politics will play in these deci- There appears to be such a frenzy of and the administration on their efforts sions. political pressure from special inter- to use the Clean Air Act to regulate Administrator Jackson’s statement ests to pass something on climate climate change. also ignores the regulatory cascade change. I have put a hold on her because I that the endangerment finding and the The pressure has reached the point have serious concerns about the EPA motor vehicle emission standards will where enacting any climate change using the Clean Air Act to regulate cli- certainly trigger. mate change. Litigators and courts will drive much policy before Copenhagen is more im- I want to know the plan that the of this job-killing regulation. portant than addressing its aftermath. nominee will implement. I want to We have a nominee to head up the The thinking is, just get something know how she will protect businesses, EPA’s Air Office, Ms. Regina McCar- done on climate change. We will deal farms, hospitals, and nursing homes thy. We have an Administrator of the with the impacts later. from the effects of the EPA’s EPA and we have a climate and energy That’s not how you make good pol- endangerment finding. czar who is supposed to coordinate cli- icy. As you know, the endangerment find- mate change policy for the administra- But that is exactly what is going on ing designates CO2 as a harmful pollut- tion. here. ant to public health under the Clean Carol Browner, the climate and en- The President’s own attorneys, from Air Act. ergy czar has not been confirmed by a host of Federal agencies, have ex- The finding’s effects on the Clean Air Congress. We do not know who is devel- pressed concerns with this approach. Act will require EPA to regulate any oping a roadmap for how to use the building, structure, facility or installa- Clean Air Act to regulate climate Their concerns were contained in a tion that emits more than 250 tons of a change. memo. CO2 in a year. What jobs in what industries will be This memo is a well thought out, sci- The result would be thousands of lost kept? Which industries will be penal- entific and legal critique of using the jobs, with no environmental benefit to ized? Who will be held accountable for Clean Air Act to regulate climate show for it. making these decisions? change by the Obama administration.

VerDate Nov 24 2008 01:43 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.001 S02JNPT1 smartinez on PROD1PC64 with SENATE S5914 CONGRESSIONAL RECORD — SENATE June 2, 2009

It confirms the fears of every small of all or nothing if CO2 gets regulated to working with my colleagues, as well business owner, every farmer, school and it could be unbelievably com- as Ms. Jackson, to make that happen. and hospital administrator, both large plicated and administratively night- Mr. President, I yield the floor. and small, that the Obama administra- marish.’’ The ACTING PRESIDENT pro tem- tion knows that using the Clean Air I have warned the administration pore. The Senator from Iowa. Act to regulate climate change is bad that groups such as these will sue the f for America. EPA if the EPA does not capture both EPA POLICIES They know it, but for political rea- large and small emitters. She has dis- sons, they have ignored the science, missed such threats. This is despite the Mr. GRASSLEY. Mr. President, I the consequences to our economy and Wall Street Journal report last month wish to speak about Regina McCarthy’s the impact to the American people. that a representative of the Center of nomination but not about the nominee The memo states, ‘‘Making the deci- Biological Diversity stated her group is or her qualifications. Rather, I will sion to regulate CO2 under the Clean prepared to sue for regulation of small- highlight a few concerns I have with Air Act for the first time is likely to er emitters, such as farms, schools, the EPA and the burdens being placed have serious economic consequences hospitals, and nursing homes, if the on those in rural areas and agriculture for regulated entities throughout the EPA stops at simply the large because of EPA actions. U.S. economy, including small busi- emitters. A few weeks ago, I had the pleasure nesses and small communities. Should I have asked for a plan from the ad- of joining President Obama for lunch. EPA later extend this finding to sta- ministration on how she will address While the purpose of the lunch was to tionary sources, small businesses and losing court cases if the agency is sued discuss health care reform, I took the institutions would be subject to costly for picking winners and losers. Her re- opportunity to bring up a few concerns regulatory programs.’’ sponse in a committee hearing 3 weeks I have with EPA and agriculture. In The document also highlights that ago is she could not share with me any particular, I raised four issues where EPA undertook no ‘‘systemic risk anal- such plans in that forum. EPA policies are causing tremendous ysis or cost-benefit analysis’’ in mak- I have posed the question to the ad- concern and are burdening family ing their endangerment finding. ministration: If you can’t share infor- farmers. The issues I raised to the The White House legal brief ques- mation with the elected representa- President are indirect land use attrib- tions the link between the EPA’s sci- tives of the 50 States, then in what uted to biofuels; second, fugitive dust; entific technical endangerment pro- forum, if not a Senate hearing, can you three, greenhouse gases and livestock posal and the EPA’s political sum- share the information? producers; and, four, point source pol- mary. I am confident the majority believes lution permits. EPA Administrator Jackson said in they have a strong chance at passing Since that meeting with the Presi- the endangerment summary that ‘‘sci- something along the lines of the Wax- dent, I have had follow-on meetings entific findings in totality point to man-Markey bill this Congress regard- with Nancy Sutley, chair of the Coun- compelling evidence of human-induced ing climate change. They are hopeful cil on Environmental Quality and also climate change, and that serious risks they can get something to the Presi- the President’s legislative staff. They and potential impacts to public health dent for him to sign. If hope alone heard me out. They seemed sympa- and welfare have been clearly identi- could pass legislation, we could all ad- thetic to the concerns I raised. How- fied . . .’’ journ early. But hope is not certainty. ever, I am not sure the message is But the Obama administration’s The negative effects of the being relayed to the EPA bureaucrats. memo states that this is not accurate. endangerment finding on the American The first issue pertains to a compo- The memo actually questions the economy is certain. nent of the new Renewable Fuels science behind designating CO2 as a The bottom line is that the nominee, Standard that requires various biofuels health threat stating the scientific as well as Lisa Jackson and the admin- to meet specified lifecycle greenhouse data on which the agency relies are istration, appears to have no credible gas emission reductions. The law speci- ‘‘almost exclusively from non-EPA plan to use the Clean Air Act in a way fies that lifecycle greenhouse gas emis- sources.’’ to regulate climate change. sions are to include direct emissions The memo goes on to say the essen- There is only one responsible choice and significant indirect emissions from tial behaviors of greenhouse gases are for us to make. Let us take this regu- indirect land use. ‘‘not well determined’’ and ‘‘not well latory ticking timebomb off the table. In the proposed rule changes released understood.’’ This is why I plan to introduce a bill by EPA last week, they rely on incom- This memo confirms that the admin- very soon that will take the Clean Air plete science and inaccurate assump- istration has so far ignored its own ad- Act out of the business of regulating tions to penalize U.S. biofuels for so- vice. climate change. called indirect land-use changes. The What is somewhat surprising is that I wish to give every Member an op- fact is, measuring indirect emissions of those who express these concerns are portunity to join me in giving the Sen- greenhouse gases is far from a perfect ridiculed or, even worse, attacked by ate and the American people the time science. There is a great deal of com- administration officials. we need to forge a sound energy and plexity and uncertainty surrounding In one instance, attempts were made climate strategy, a strategy that this issue. Because of this uncertainty, by administration personnel to smear makes energy as clean as we can—and the EPA has committed to an open and the reputation of a career employee at I am talking about American energy— transparent review by the public. the Small Business Administration. as clean as we can, as fast as we can, The EPA compiled a system of mod- This was a person who offered a rea- without raising energy prices for els to analyze land-use impacts of U.S. sonable and thoughtful critique of the American families. biofuels policies. They have indicated impact the endangerment finding has Let’s develop all of our energy re- that these models have been peer re- on small business. sources—our wind, our solar, our geo- viewed and that they stand up to sci- This is unacceptable behavior by the thermal, hydro, clean coal, nuclear, entific scrutiny. That is true for the administration. and natural gas. We need an ‘‘all of the models independently, but—and a big Strangely enough, not just the au- above’’ strategy to address our Na- but—it is not true for the way the EPA thors of the Obama administration tion’s needs. As Lisa Jackson, the EPA has overlaid and integrated their mod- legal brief, but also environmental Director, stated on a recent trip to my els. In addition, the models are not groups, disagree with EPA Adminis- home State of Wyoming, ‘‘As a home of publicly accessible. There is inad- trator Jackson’s position that a tar- wind, coal, and natural gas, Wyoming equate data in how the models and geted approach under the Clean Air Act is at the heart of America’s energy fu- data have integrated. is legal and appropriate. ture.’’ That is because Wyoming has it As it stands, stakeholders are unable The Sierra Club’s chief climate coun- all—coal, wind, natural gas, oil, and to replicate the EPA’s results. So this sel stated last year that ‘‘the Clean Air uranium for nuclear power. We have it process is neither open nor is it trans- Act has language in there that is kind all, and we need it all. I look forward parent.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.008 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5915 Under the EPA’s analysis, ethanol Margo Oge, the Director of the office waters of the United States from ob- produced from corn reduces greenhouse in charge of this rule, admitted during taining permits when applied in ac- gas emissions by 16 percent compared a committee hearing in the House of cordance with the Federal Insecticide to gasoline. However, if you remove the Representatives last month that she Fungicide, and Rodenticide Act. murky science of emissions from indi- has never been on a farm in the United In vacating the rule, the court issued rect land-use changes, corn ethanol re- States. How can regulators with such a an opinion declaring that agricultural duces greenhouse gas emissions by 61 great impact on the agricultural indus- sprayers and nozzles are point-source percent compared to the gasoline. So try have so little understanding of the conveyances and that all residues and one can see that sound science plays a industry they are regulating? We need excesses of chemical pesticides that re- very important role in whether ethanol to encourage some commonsense main in water after the beneficial use is more environmentally positive or thinking in EPA. So I have invited Ad- is completed are ‘‘pollutants’’ under less environmentally positive. ministrator Lisa Jackson and a num- the Clean Water Act. The EPA’s models conclude that ber of EPA officials to come to Iowa to I share concerns of many who rep- international land use contributes visit a farm, to see firsthand how the resent agricultural states as to how the more in greenhouse gases than the en- agricultural industry works. EPA is going to implement the new tire direct emissions of ethanol produc- I have also invited Regina McCarthy, permitting process without creating a tion and use—from the growing of their who should be confirmed by the Senate burden on our farmers. crops, the production of ethanol at the today. She will be Assistant Adminis- Producers could face legal liability if refinery, up to and including tailpipe trator for the Office of Air and Radi- a permit is not issued quickly, yet the emissions. The ripple effects are great- ation. I have also invited Margo Oge, farmer needs to spray immediately. er than the direct effects. Wouldn’t you the Director I referred to, the Director I urge the EPA to draft a flexible rule think you ought to take more into con- of the Office of Transportation and Air that does not impede a producer’s abil- sideration for the direct effects? The Quality, the office that wrote these ity to apply pesticides and allows fact is, the model the EPA has cobbled regulations on indirect land-use emergency application to be done expe- together to measure indirect land use changes. ditiously. is far from scientific. It is more like a Another issue I brought up with the If they don’t, we are going to have guess. President that I am concerned about is major problems on our farms when The rule indicates that itself by in- EPA’s attempt to regulate particulate bugs, weeds, and disease show up. cluding the word ‘‘uncertainty.’’ Un- matter. The final issue is related to some of derstand, this is an EPA rule that talks In 2007, the EPA published the ‘‘Clean Senator BARRASSO’s concerns with the about the science of indirect land-use Air Fine Particle Implementation nominee we are considering. That is, calculation, and it uses the word ‘‘un- Rule’’ in which the EPA inappropri- the direction the EPA is heading to- certainty’’ more than 60 times. ately opted for the administrative con- ward regulation of greenhouse gases Even larger in this debate is the role venience of regulating all particles under the Clean Air Act. of common sense. It defies logic that that fall within the fine PM size range While this could have wide ranging, the EPA would try to blame a farmer the same, including dust. unforeseen effects on all sorts of small in my State of Iowa for the actions of Instead they should have appro- businesses, I want to talk about how farmers or developers in Brazil. Do priately based the regulation on par- agriculture could be affected. they think Brazilians are waiting to ticle composition. The Clean Air Act was designed for see what I am going to plant on my Essentially, this rule treats dust as more traditional types of pollution farm, for instance, before they plant though it were cigarette smoke, caus- that can have a direct negative effect their crops in Brazil? It does not pass ing the same adverse health issues. on human health and the environment the commonsense test. The facts do not There are no scientific studies that in relatively small quantities. support it either. show this to be the fact. Controlling Given the emissions thresholds in the During the past 5 years, when bio- dust from combining soybeans, gravel law, a family farm cattle operation, for diesel and ethanol production in the roads, and feedlots is impossible. example, could be considered an emit- United States ramped up, Brazilian When it comes to a rule in the EPA ter just like a factory smokestack, soybean acres decreased and corn acres that you have to keep dust on your with all the red tape and costs that en- remained unchanged. See, there is no farm within the property lines of your tails. relationship. farm, think how nonsensical that ap- And, at the end of the day, how are Amazon deforestation has also fallen proach is. Only God determines when you going to get cows to stop passing in the past 5 years. A recent study indi- the wind blows and only God deter- gas? cated that the primary reason for land mines when soybeans have 13 percent Nancy Sutley assured me that EPA clearing was for timber production and moisture and they have to be harvested has no desire to regulate livestock land grabbing, followed by cattle farm- immediately. We cannot make deci- emissions in this way. ing, not because of ethanol production sions based on EPA rules of when the However, Senator BARRASSO raises in the United States. So nowhere on wind blows or doesn’t. God makes that some good points about what would the list—we are talking about a list decision. happen should environmental groups from a study—was U.S. biofuel produc- Compliance with the more stringent follow through on their threats to sue tion. fine PM standard will be unattainable EPA to force them to regulate sources I think this debate comes down to a for many farmers and ranchers. as small as family farms. few simple questions: Do we want more The fine PM standard is health-based Rather than rely on EPA’s assur- production of green fuels or less pro- and must be met at the property line of ances, I would like these questions an- duction? Do we want greater depend- each individual operation regardless of swered before EPA goes any further ency on Iran and Venezuela for energy cost. down this road. needs or less dependence? Do we want This could essentially require farm- I am hoping that a visit to the heart- to increase our national security by reers to sell some of their cattle, com- land will help them better understand ducing foreign dependence on energy? bine wet crops, or wall in their roads the real world implications of some of I don’t think the people at EPA get and driveways. their decisions. the big picture, and I am pretty sure This would be a ridiculous way to They owe it to the hardworking they don’t understand how American regulate agriculture. farmers and ranchers to get a better agriculture works. While the EPA’s ac- The next concern I have with the understanding of how U.S. agriculture tions have a significant impact on the EPA is their decision not to appeal a works. rural economy and the agriculture in- Sixth Circuit decision which vacated Hopefully, they will realize a little dustry, it is clear the EPA has a lack an EPA rule that exempted pesticides common sense will go a long way when of understanding of American agri- applied under the Clean Water Act. making broad policy decisions that af- culture. I know this to be the case re- The EPA rule in question had ex- fect the farmers who put food on their garding the indirect land use. empted pesticides applied near or into table.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.006 S02JNPT1 smartinez on PROD1PC64 with SENATE S5916 CONGRESSIONAL RECORD — SENATE June 2, 2009 The ACTING PRESIDENT pro tem- American Corn Growers Association, the Senate’s vote this morning on the pore. The Senator from Wisconsin. and the National Industrial Transpor- confirmation of Regina McCarthy to be f tation League, as well as many more. Assistant Administrator of the Office Once their outmoded antitrust ex- of Air and Radiation at the Environ- RAILROAD ANTITRUST emptions are removed, railroads will be mental Protection Agency. I am happy ENFORCEMENT ACT subject to the same laws as the rest of to report to the Senate that my rank- Mr. KOHL. Mr. President, I rise to the economy. Government antitrust ing member, Senator INHOFE, supports speak about an agreement we have enforcers will finally have the tools to her as well, and he wanted to make reached with Senator ROCKEFELLER re- prevent anticompetitive transactions that point. garding today’s planned consideration and practices by railroads. Likewise, The Assistant Administrator for Air of the Railroad Antitrust Enforcement private parties will be able to utilize and Radiation plays a crucial role in Act. Before describing our agreement, I the antitrust laws to deter anti- developing and improving programs would like to say a few words about competitive conduct and to seek re- that better protect public health and this legislation. dress for their grievances. On the Anti- the environment, and she also will help We believe this legislation is essen- trust Subcommittee, we have seen that address critical threats to our families tial to restoring competition to the Na- in industry after industry, vigorous ap- and our communities. Regina McCar- tion’s crucial freight railroad sector. plication of our Nation’s antitrust laws thy is very qualified to be Assistant Freight railroads are essential to ship- is the best way to eliminate barriers to Administrator. She comes to this posi- ping a myriad of vital goods—every- competition, to end monopolistic be- tion with a stellar record of achieve- thing from coal used to generate elec- havior, and to keep prices low and ment. During her hearing before the tricity to grain used for basic food- quality of service high. The railroad in- EPW, she impressed us all with her stuffs. But for decades, the freight rail- dustry is no different. All those who deep firsthand knowledge of clean air roads have been insulated from the rely on railroads to ship their products policy. She has three decades of experi- normal rules of competition followed deserve the full application of the anti- ence in public service. She has a unique by almost all other parts of our econ- trust laws to end the anticompetitive record of accomplishments in address- omy because of their outmoded and un- abuses all too prevalent in this indus- ing air pollution at the State level in warranted antitrust exemptions. Our try today. Massachusetts as well as Connecticut. legislation is designed to eliminate the That is why I am so pleased by the Here is the thing: She will bring a obsolete antitrust exemptions that pro- agreement that I have reached today spirit of bipartisanship to this critical tect freight railroads from competi- with Senator ROCKEFELLER. He has EPA office that is focused on pro- tion. agreed to include this necessary repeal tecting public health and the environ- This bipartisan legislation has 11 co- of the railroads’ unwarranted antitrust ment. In Massachusetts, Regina sponsors, including members of both exemption in his comprehensive bill to McCarthy served under Governors the Judiciary Committee and Com- reform the freight rail industry and the Cellucci and Romney, both Repub- merce Committee, and was reported Surface Transportation Board when licans. She served as Assistant Sec- out of the Judiciary Committee on a that bill is introduced in the coming retary for Policy at the Office of Envi- unanimous 14-to-0 vote in March. weeks. Senator ROCKEFELLER has also ronmental Protection and Deputy Sec- The railroad industry’s obsolete anti- agreed that his comprehensive rail re- retary of the Office of Commonwealth trust exemptions resulted in higher form bill will address a specific rail- Development. In 2005, Republican Gov- prices to millions of consumers every road practice that is of great concern ernor Jodi Rell of Connecticut—an- day. Consolidation in the railroad in- to me—a practice known as paper bar- other Republican—appointed Regina to dustry in recent years has resulted in riers. He has pledged that his legisla- be Commissioner of Connecticut’s De- only four class I railroads providing tion will give the STB enhanced power partment of Environment. So Regina’s nearly 90 percent of the Nation’s to address this issue so that shippers ability to work with people on both freight rail transportation. Three dec- are not denied the benefit of competi- sides of the aisle is clear. She wants to ades ago, by contrast, there were 42 tion in relation to these arrangements. solve the serious air pollution problems class I railroads. A 2006 GAO report With this agreement, we have avoided facing our families and communities, found shippers in many geographic a potentially divisive floor debate and and I believe her experience in a bipar- areas ‘‘may be paying excessive rates we have the solid support of the distin- tisan world will greatly help her. due to a lack of competition in these guished chairman of the Commerce California faces some of the most markets.’’ Committee for repealing the antitrust dangerous air pollution in the country. The ill-advised effects of these con- exemption and addressing paper bar- My State is a magnificent State, but it solidations are exemplified by the high riers. has its problems because we have the prices paid by captive shippers; name- I thank my friend from West Virginia busiest ports in the Nation. We actu- ly, industries served by only one rail- for his compromise as well as his sup- ally are responsible for taking care of road. A recent study by the Consumer port for the need to reform the freight 40 percent of the Nation’s imports, and Federation of America found that rail rail system in the United States in the those goods are brought into our ports shipping rates for captive shippers are interest of all parties, including rail by ships that, unfortunately, still use— $3 billion higher than they would be if shippers and consumers. many of them—a highly polluting fuel the market were competitive. These Mr. President, I yield the floor, and I called bunker fuel. And when we look unjustified cost increases cause con- suggest the absence of a quorum. at the rates of cancer across this Na- sumers to suffer higher electricity bills The ACTING PRESIDENT pro tem- tion, you see clusters of cancer at all of because a utility must pay for the high pore. The clerk will call the roll. our ports, and a lot certainly at our cost of transporting coal, results in The assistant bill clerk proceeded to ports in California. higher prices for goods produced by call the roll. I worry very much about those fami- manufacturers who rely on railroads to Mrs. BOXER. Mr. President, I ask lies. We have been able to work in a bi- transport raw materials, reduces earn- unanimous consent that the order for partisan way—although not quickly ings for American farmers who ship the quorum call be rescinded. enough, in my view—to make sure that their products by rail, and raises food The ACTING PRESIDENT pro tem- these ships get away from this bunker prices paid by consumers. pore. Without objection, it is so or- fuel, and actually we are working very Repeal of the railroad antitrust ex- dered. hard with the Obama administration, emption is supported by the attorneys f as we did with the Bush administra- general of 20 States and a wide range of tion, on international treaties to move consumer organizations and leading in- NOMINATION OF REGINA us away from this very polluting bunk- dustry trade organizations, including MCCARTHY er fuel. So we are making great the American Public Power Associa- Mrs. BOXER. Mr. President, as chair- progress there, but we still have a lot tion, the American Chemistry Council, man of the Environment and Public of the trucks at our ports. We are the National Farmers Union, the Works Committee, I look forward to working closely with, in this case, Los

VerDate Nov 24 2008 01:43 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.008 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5917 Angeles, where they have a very cut- I thank the Presiding Officer, I urge Gina arrived in Connecticut with a ting edge program to move away from approval of her, and I hope we can do wealth of experience after holding a the dirty trucks, and we are fighting this by voice vote. number of health and environmental hard to get that program to move for- I yield the floor, and I suggest the ab- positions in Massachusetts at the local, ward. sence of a quorum. State and Federal levels. She worked So we look at the ports and we know The ACTING PRESIDENT pro tem- for the Stoughton Board of Health and there are problems, and we look at the pore. The clerk will call the roll. Conservation, Massachusetts’ Haz- highways, and we know there are prob- The assistant bill clerk proceeded to ardous Waste Facility Site Safety lems. In my State, and other States, call the roll. Council, the Massachusetts Toxics Use Mrs. BOXER. I ask unanimous con- where we have valleys, the dirty air is Reduction Program and the New Eng- sent that the order for the quorum call trapped into those areas. So as a Sen- land Governor’s Environment Com- be rescinded. mittee. Ms. McCarthy also served as ator from California, I welcome Regina The ACTING PRESIDENT pro tem- McCarthy to this job, because, frankly, the under secretary of policy at the pore. Without objection, it is so or- Massachusetts Executive Office of En- we need to do much more about the dered. quality of the air, or lack of same, vironmental Affairs and as the deputy across the country. f secretary of operations to the Office for The California Air Resources Board CONCLUSION OF MORNING Commonwealth Development where estimates that diesel emissions con- BUSINESS she oversaw the development and im- tribute to 2,000 premature deaths each The ACTING PRESIDENT pro tem- plementation of Massachusetts’ first year, and that the health costs of die- pore. Morning business is closed. Climate Protection Action Plan. We have been lucky to have Gina in sel emissions are billions of dollars f each year. So I want to say again, we Connecticut and I am excited that the are talking about 2,000 premature EXECUTIVE SESSION entire country will now benefit from deaths each year when we talk about her talents at the EPA. In her new position, Ms. McCarthy will be respon- dirty air. We are not just saying we are NOMINATION OF REGINA upset because you can start to see the sible for developing national programs, MCCARTHY TO BE AN ASSISTANT technical policies and regulations to air and it looks terrible; we are saying ADMINISTRATOR OF THE ENVI- that this dirty air is being breathed in control air pollution and prevent expo- RONMENTAL PROTECTION AGEN- sure to radiation. She will continue her by our kids, by our grandkids, by preg- CY nant women, by people with disabil- work to address climate change and ities, and only the strongest survive on The ACTING PRESIDENT pro tem- improve energy efficiency—a double this. So we know it is a problem, and pore. Under the previous order, the charge that is both timely and impera- Regina McCarthy gets it. Her job isn’t Senate will proceed to executive ses- tive to the continued health of our to be a robot, her job is to understand sion to consider the following nomina- planet. She will also develop strategies that the situation is dire here—2,000 tion, which the clerk will report. to reduce industrial and vehicle-gen- The legislative clerk read the nomi- premature deaths a year because of erated air pollution as she works to im- nation of Regina McCarthy, of Massa- dirty air. And that is just from diesel prove indoor and outdoor air quality. I chusetts, to be an Assistant Adminis- emissions. So we need an assistant adam excited to have someone of Ms. trator of the Environmental Protection ministrator on air who has the experi- McCarthy’s character and credentials Agency. ence, the expertise, and the ability to leading these essential efforts and I am Mr. LIEBERMAN. Mr. President, I filled with confidence in her ability to work with communities large and rise today to express my strong support small, to work with industry, and to address them productively. for the confirmation of Gina McCarthy I strongly support the nomination of work with government to find lasting to head the Office of Air and Radiation Gina McCarthy to head the EPA’s Of- solutions. at the Environmental Protection Agen- fice of Air and Radiation and urge my One of the opportunities we have cy. I have had the opportunity to work colleagues to do the same. here, separate and apart from the en- with and get to know Ms. McCarthy Mr. DODD. Mr. President, I rise forcement of the Clean Air Act—which during her tenure as the commissioner today in support of the nomination of will be under her domain—is to pass of Connecticut’s Department of Envi- Regina McCarthy to be Assistant Ad- global warming legislation which will ronmental Protection. Ms. McCarthy ministrator for Air and Radiation at move us away from the dirty sources of has worked tirelessly to make Con- the Environmental Protection Agency. fuel toward clean energy and, by the necticut’s air, land and water cleaner, I would also like to thank Chairman way, create long-lasting clean energy which in turn has made Connecticut BOXER and the members of the Envi- jobs which will stay here and boost our the wonderful place it is today to live, ronment and Public Works Committee economy forward. work and raise a family. for their support of this excellent and We have a lot of work ahead of us on Among her achievements, I would deserving nominee. While I think it is this committee which I am so privi- like to highlight Ms. McCarthy’s pio- regrettable that her confirmation was leged to chair, and certainly right here neering work to address climate delayed for so long, I am glad that she in the Senate, and we are going to call change in New England. She is widely will soon be able to get to work on on Regina McCarthy. She is well quali- recognized as a chief engineer of the finding solutions to the many impor- fied, she has the ability to work with very successful Regional Greenhouse tant environmental issues facing our communities and industry, and she is Gas Initiative. Since her appointment nation. the right person for this job. in 2004, Ms. McCarthy has worked to I congratulate President Obama on I am disappointed that we had a col- dramatically improve Connecticut’s nominating such a remarkably quali- league of ours hold her nomination up, environment. She has restored and defied, energetic, and passionate indi- you know, week after week after week. fended the integrity of many of Con- vidual to serve as Assistant Adminis- It should have been done. But today it necticut’s most cherished natural trator. Commissioner McCarthy has 25 looks good that we are moving forward. treasures. She devoted herself to pro- years of experience working at all lev- I hope we can do it by voice vote, and tecting Long Island Sound, a source of els of local and State government and again I want to point out that in terms nourishment and recreation to the mil- has a depth and breadth of knowledge of Regina McCarthy’s nomination, Sen- lions who live and work along its on environmental issues that few can ator INHOFE, the ranking member on coastline. As commissioner, Ms. rival. She has also served under both the committee, supports her for this McCarthy devised strategies for deal- Democratic and Republican Governors, job, as do I. And I think that is the best ing with our State’s solid waste, and in Massachusetts as well as my home thing I could say for a nominee, be- she worked to improve Connecticut’s State of Connecticut. In both States cause oftentimes we find ourselves at air quality. She also made great strides and in all capacities, Gina has been loggerheads. But in this case, we are to reinvigorate our parks and open universally recognized as a uniquely together. spaces. talented environmental advocate.

VerDate Nov 24 2008 01:43 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.009 S02JNPT1 smartinez on PROD1PC64 with SENATE S5918 CONGRESSIONAL RECORD — SENATE June 2, 2009 As commissioner of Connecticut’s tion to reconsider is laid upon the BYRD), and the Senator from Massa- Department of Environmental Protec- table, and the President will be imme- chusetts (Mr. KENNEDY) are necessarily tion since 2004, Gina has amassed an diately notified of the Senate’s action. absent. impressive record of accomplishments. f Mr. KYL. The following Senator is She spearheaded the ‘‘No Child Left In- necessarily absent: the Senator from LEGISLATIVE SESSION side’’ initiative in Connecticut and na- Florida (Mr. MARTINEZ). tionwide, which combines environ- The ACTING PRESIDENT pro tem- The PRESIDING OFFICER (Mrs. mental education with numerous out- pore. The Senate will resume legisla- GILLIBRAND). Are there any other Sen- door programs to promote physical active session. ators in the Chamber desiring to vote? tivity while teaching kids to become f The yeas and nays resulted—yeas 84, good stewards of the environment. She FAMILY SMOKING PREVENTION nays 11, as follows: has also been a key proponent of sus- AND TOBACCO CONTROL ACT— [Rollcall Vote No. 203 Leg.] tainable economic development in Con- YEAS—84 necticut, has worked tirelessly to rein- MOTION TO PROCEED Akaka Feinstein Murkowski CLOTURE MOTION vigorate our State park system, and Alexander Gillibrand Murray has been a terrific advocate for open The ACTING PRESIDENT pro tem- Barrasso Graham Nelson (NE) space and conservation initiatives. pore. Under the previous order, pursu- Baucus Grassley Nelson (FL) Perhaps most prominently, Commis- Bayh Gregg Pryor ant to rule XXII, the clerk will report Bennet Harkin Reed sioner McCarthy was one of the driving the motion to invoke cloture. Bennett Hutchison Reid forces behind the creation of the Re- The legislative clerk read as follows: Bingaman Inouye Risch Boxer Isakson Rockefeller gional Greenhouse Gas Initiative, CLOTURE MOTION RGGI, the Nation’s first mandatory cap Brown Johanns Sanders We, the undersigned Senators, in accord- Burris Johnson Schumer and trade program, which was adopted ance with the provisions of rule XXII of the Cantwell Kaufman Sessions by 10 States in the Northeast to ad- Standing Rules of the Senate, hereby move Cardin Kerry Shaheen dress the grave threat of climate to bring to a close debate on the motion to Carper Klobuchar Shelby proceed to Calendar No. 47, H.R. 1256, the Casey Kohl Snowe change. The commissioner’s work on Chambliss Kyl Specter the issue of climate change has been Family Smoking Prevention and Tobacco Cochran Landrieu Stabenow recognized and lauded nationally, and Control Act. Collins Lautenberg Tester her experience will be invaluable when Harry Reid, Tom Harkin, Edward E. Conrad Leahy Thune she is confirmed as Assistant Adminis- Kaufman, Mark Begich, Bernard Sand- Corker Levin Udall (CO) ers, Michael F. Bennet, Mark Udall, Cornyn Lieberman Udall (NM) trator for Air and Radiation. President Patty Murray, Claire McCaskill, Carl Crapo Lincoln Vitter Obama has made it clear that address- Levin, Jack Reed, Sheldon Whitehouse, Dodd Lugar Voinovich ing climate change is a top priority for Dorgan McCain Warner Christopher J. Dodd, Jeff Merkley, Durbin McCaskill Webb his administration, and as Assistant Robert Menendez, Charles E. Schumer, Ensign Menendez Whitehouse Administrator, Gina will play a vital Max Baucus. Enzi Merkley Wicker role in developing and implementing Mr. ENZI. Mr. President, today the Feingold Mikulski Wyden policies to control greenhouse gas Senate will vote on cloture on the mo- NAYS—11 emissions. tion to proceed on H.R. 1256, the Fam- Bond Coburn Inhofe In my view, this incredible list of ac- ily Smoking Prevention and Tobacco Brownback DeMint McConnell complishments does not do justice to Control Act. Bunning Hagan Roberts Burr Hatch the qualities Gina will bring to her new Full and fair debate is one of the position once she is confirmed. Across hallmarks of American democracy and NOT VOTING—4 my State she has a well-deserved rep- the Senate in particular. All we are Begich Kennedy utation for her boundless energy, in- voting on today is whether we are Byrd Martinez credible passion and determination, going to get to debate, not whether we The PRESIDING OFFICER. On this and willingness to speak frankly in are going to have FDA regulation of to- vote, the yeas are 84, the nays are 11. order to address challenges head on. bacco. But if this vote does not get 60 Three-fifths of the Senators duly cho- Indeed, she has made such an enor- votes, we will not have the opportunity sen and sworn having voted in the af- mous impact that on March 14, the in this Congress to see whether we can firmative, the motion is agreed to. Hartford Courant ran an editorial enti- take real steps to curb tobacco use. The Senator from Connecticut. tled ‘‘DEP Chief Gina McCarthy a Hard Whether you are for this bill or Mr. DODD. Madam President, I rise Act to Follow,’’ which praised both her against it, I urge you to support clo- in support of S. 982, the Family Smok- passion for the issues and her prag- ture on the motion to proceed. We can- ing Prevention and Tobacco Control matic approach. The Courant specifi- not get to substantive amendments and Act, the matter that is before the Sen- cally noted her ability to revitalize a improvements to the bill until we have ate. This bill would give the Food and department which had lost the public’s cloture on the motion to proceed. Drug Administration the authority to trust and engage people across the I will have a number of amendments regulate the tobacco industry and put State in preserving Connecticut’s land- to improve this bill and fight the in place the tough protections for fami- scape and Long Island Sound. lies that for too long have been absent Once again, I congratulate Gina scourge of tobacco use and its deadly McCarthy and strongly urge all my col- health consequences. In order to get to when it comes to how cigarettes are leagues to support her nomination. offer my amendments, I will support marketed to our youngest citizens—our Connecticut’s loss is a win for our Na- cloture on the motion to proceed, and I children. tion. And, while we are sad to see her urge my colleagues to do the same. This is an issue that many in this leave Connecticut, I am confident that The ACTING PRESIDENT pro tem- Chamber have worked on for a long Gina will continue to be the out- pore. By unanimous consent, the man- time. For those who have been here for standing advocate for the environment datory quorum call has been waived. some time, this issue is not a new and public health she has always been The question is, Is it the sense of the issue. It has been before the Congress and I look forward to working with her Senate that debate on the motion to now for over a decade, and for various in her new capacity at the EPA. proceed to H.R. 1256, the Family Smok- reasons along the way—the other body The ACTING PRESIDENT pro tem- ing Prevention and Tobacco Control has adopted this bill or we have adopt- pore. The question is, Will the Senate Act, shall be brought to a close? ed the bill but not at the same time the advise and consent to the nomination The yeas and nays are mandatory other Chamber has; the committees of Regina McCarthy, of Massachusetts, under the rule. have acted but never in the same year to be an Assistant Administrator of the The clerk will call the roll. or in the same Congress—so we have Environmental Protection Agency? The legislative clerk called the roll. had sort of a disjointed process that The nomination was confirmed. Mr. DURBIN. I announce that the has never brought the other Chamber The ACTING PRESIDENT pro tem- Senator from Alaska (Mr. BEGICH), the and this one together around the im- pore. Under the previous order, the mo- Senator from West Virginia (Mr. portance of this legislation.

VerDate Nov 24 2008 01:43 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.020 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5919 So once again we are here, this time ator HARKIN, the Kids Deserve Freedom number will eventually die—if not I think with the greatest opportunity From Tobacco Act to give the author- more—from smoking-related diseases. to do something I believe most Mem- ity to the FDA over these products. In The tobacco industry is well aware of bers—I cannot believe anyone in this the 108th Congress, our colleague from these numbers. They know that if they Chamber could be adverse to the notion Massachusetts, who has been a cham- can’t bring children into the process, we ought to do everything in our power pion on this issue—who has been the then they won’t have any more smok- to limit the 3,000 to 4,000 children who leader and champion on this issue for ers. If you lose 400,000 people a year every day—every single day—begin literally years and years and years, who lose their lives from smoking-re- smoking in the United States. Senator KENNEDY, and who is the lated illnesses, then you have to re- Madam President, 400,000 of our fel- major sponsor, by the way, of this leg- plenish those numbers somehow. You low citizens die every year because of islation—was able to take this issue to can’t lose 400,000 people every year, smoking-related illnesses. We are the next level. He worked out a bipar- year after year, from smoking-related about to begin, in a few weeks, a de- tisan bill called the Family Smoking illnesses and not replenish the num- bate on health care. One of the major Prevention and Tobacco Control Act bers. How do you do it? You do it by provisions of that effort will be in the with our colleague from Ohio, Senator drawing in children, by getting kids to area of prevention. There are a lot of MIKE DEWINE, Representatives HENRY start smoking. That is why they have divisions I suppose about how we ought WAXMAN, and TOM DAVIS of the other been so successful. When you get 3,000 to proceed with health care, but as I body and the other party, and other to 4,000 every day—every day starting— have listened over the last number of members of the HELP Committee on a 40,000 in a 10-day period, then do the months to our colleagues talk about bipartisan basis. The bill we consider math yourself and you see what hap- health care reform, one issue—one today is virtually the same legislation pens very quickly. You begin to replen- issue—enjoys almost unanimous sup- that Senator KENNEDY and Senator ish those numbers. If a quarter of that port; and that is, what can we do to re- MIKE DEWINE, HENRY WAXMAN and TOM number remains addicted for life, you duce chronic illness in the country? DAVIS worked on before. It has a long make up that 400,000 rather quickly How do we do a better job of having a history, having passed each Chamber, and that doesn’t include, by the way, health care system, not a sick care sys- but never at the same time. the foreign sales of tobacco products. tem? How do we prevent people from So allow me to share a little of that That is just right here in our country. acquiring or contracting these illnesses history with my colleagues as we enter I would suspect that if you have been that are so debilitating and so costly? this debate. In July of 2004, the Senate a smoker or are a smoker—and let me One of them is, obviously, smoking-re- voted 78 to 15 to add it as an amend- say in truth in everything, I was a lated illnesses and the 400,000 who die ment to another bill; that is, this to- smoker and I know how difficult it is every year. bacco bill. Unfortunately, the language to give up tobacco products. Anyone The one certain way is to try to limit was removed in conference between the who tells you it is easy doesn’t know the number of people who begin smok- House and the Senate. Three months what they are talking about. It is hard. ing every day; that is, our youngest later, Senators KENNEDY and DEWINE It is difficult. It is extremely difficult. citizens, our children. That is what reintroduced the legislation and it was But even people who smoke, I will tell this bill is all about. It comes down to passed by unanimous consent, but the my colleagues, the one thing they pray simply that. We will have a long debate other body did not consider it at that every day is that their children will about various provisions in this bill, time. Refusing to give up, of course, as not begin it. In fact, I suspect some of but in the final analysis, we will have he always does—he never gives up— the strongest advocates of this legisla- to decide in the coming day or two Senator KENNEDY reintroduced the bill tion are the people who have been whether, for the first time—the very in the 109th and the 110th Congresses. hooked on tobacco products and they first time—the Food and Drug Admin- In August of 2007, the Health, Edu- would tell you that the one thing they istration of our Nation will have the cation, Labor and Pensions Committee, pray and hope is that their children power and the capability to regulate on which Senator ENZI and I serve, re- don’t become addicted to this product tobacco products and begin to reported out this bill by a vote of 13 to 8. because they know how damaging it is. strain—to restrain—the 3,000 to 4,000 In July of 2008, the House passed a very They know what it does to them. They who begin smoking every single day. similar bill by a margin of 326 to 102. know the potential harm to themselves So even in the 2 or 3 days we will de- Although the Senate version had 60 co- and to their families. So this is not an bate this bill, keep in mind that during sponsors, there was not enough time issue, in my view, that ought to cause those 2 or 3 days, close to 10,000 chil- left in that year for the Senate to pass any division among parents and family dren will begin smoking, 1,000 of whom the House-passed legislation. members when it comes to what hap- will become addicted every day, and of On April 2 of this year, the other pens to their children. that 1,000, anywhere from 300 to 500 will body—the House—once again passed its Tobacco companies, as I say, are well die. I have 76,000 children in my small version of this legislation, with very aware of all of this. Almost 90 percent State of Connecticut today who are minor changes, by an overwhelming of smokers begin as children, and that going to die because of smoking-re- vote of 298 to 112. is an astonishing figure. Equally aston- lated illnesses, because they are al- The point I wish to make to my col- ishing is the fact that smoking kills ready hooked and addicted to tobacco leagues is simply this: Over the years, more Americans every year than alco- products. So there are a lot of things this bill has been reviewed, it has been hol, AIDS, car accidents, illegal drug we debate and discuss and there is a lot vetted, it has been debated over and use, murders, and suicides combined. of rhetoric and talk about protecting over. I think all of us, I would hope, Take all of those causes of death in our our children and protecting families, agree that the time has come to act Nation, combine all of them, and they but here is an opportunity we have, as with uniformity in both Chambers, don’t equal the number of people who Democrats and Republicans coming to- with the President committed to this lose their lives as a result of tobacco- gether in common cause, to make a dif- issue to protect our Nation’s children related illnesses. ference for literally millions of people and pass this legislation into law. In my home State of Connecticut, in our country for years and years and Frankly, we can’t afford to wait any more than one in five high school stu- years to come. longer. Every day, as I mentioned at dents smokes. Every year, 15,000 chil- When the Supreme Court struck the outset of these remarks, another dren in my State try cigarettes for the down the FDA’s tobacco rule in 2000, it 3,500 to 4,000 children are ensnared by fist time and another 4,600 become reg- became very clear that legislation was tobacco companies that target them ular smokers. Absent action from our going to be necessary in order to pro- with impunity as they try smoking for Congress, of course, more than 6 mil- tect our children and the public health the first time—every single day. One lion children who are alive today will from deadly tobacco products. Eight thousand of these children who will die from smoking, including the 76,000 I years ago, I introduced comprehensive start today—that close to 4,000 across mentioned in my small State of Con- children’s legislation that included, our country—will be addicted probably necticut. This ought to be entirely un- with the help of my good friend Sen- for life as smokers, and a third of that acceptable to all of us.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.013 S02JNPT1 smartinez on PROD1PC64 with SENATE S5920 CONGRESSIONAL RECORD — SENATE June 2, 2009 Here we are soon to begin a debate, ety, the American Lung Association, count the needs of those small family as I said a few minutes ago, on health the American Heart Association, and farmers to provide help to them as care, with the common cause of trying many others. Thirty national faith or- they transition. All of us know what it to create a health care system, not a ganizations and over 800 State and is like to be in a State where there are sick care system, where prevention is local organizations support this bill. In certain things that occur, products going to be a major focus of our atten- addition, former Secretaries of Health that are made, services provided where tion. I can’t think of a more significant and Human Services, both Democrats they could be adversely affected by step we could take on the eve of deal- and Republicans, including Tommy changes through no fault of their own. ing with the health care debate than Thompson and Donna Shalala; former This bill tries to accommodate, to the having this Congress stand up with an Surgeon Generals, Republicans and extent possible, the industries and the overwhelming vote and say we are Democrats, David Satcher and Richard businesses in those States that would going to begin an effort here to reduce Carmona; David Kessler, the former be adversely affected, obviously, by the that 90 percent who end up beginning FDA Commissioner; and Julie reduction in the use of tobacco prod- smoking over a lifetime—that is our Gerberding, the former CDC Director, ucts by our citizenry as a whole. I children—and that is what this bill is have all expressed their support of the think all of us here, and again particu- designed to do. legislation now before us. larly parents, whether you are a smok- If ever there was a moral obligation In its 2007 report, ‘‘Ending the To- er or a nonsmoker—you ask any parent to act, I think it is at this moment. No bacco Problem: A Blueprint for the Na- in this country whether they would one suggests that any law is going to tion,’’ the Institute of Medicine urged like to see their children begin smok- stop every child—of course it won’t— Congress to: ‘‘Confer upon the Food ing—ask them that simple question. I from lighting a cigarette or beginning and Drug Administration broad regu- don’t care where you live, the last that process. Obviously, parents have latory authority over the manufacture, thing you want to see is your child to do their part in educating their chil- distribution, marketing and use of to- begin a lifetime of use that you know dren, as do others. But we shouldn’t be bacco products.’’ is going to put their life in jeopardy making it harder on them than it al- That is precisely what we give them from the moment they start. So if ready is, which is precisely what we are in this bill. It deals with the manufac- nothing else, as you think about this doing every second that we fail to act ture, the distribution, and the mar- bill and you think about these amend- on a bill such as this. keting of tobacco products, particu- ments coming along, many of which So the purpose of this historic public larly to our children. may be appealing on a certain level, re- health legislation is very simple: It is Again, I hope my colleagues will member, we have tried for 10 years and to protect our children and give them a gather behind this. we have failed. Think about how this longer, healthier future—the future Lastly, let me say we would not be bill might have made a difference 10 they deserve. It will give the Food and here on the cusp of winning this fight years ago, if it had been adopted, and Drug Administration the authority to without the tireless efforts of our com- how many young children might not prevent the sale and marketing of to- mittee chairman, Senator TED KEN- have started because of the inclusions bacco to children, require changes to NEDY of Massachusetts, who has made and the provisions in this bill. cigarettes to make them less harmful, the public health the cause of his life- We cannot wait for another Congress, and protect the public health, and to time. It has been his passion over the another 2 or 4 or 5 years to get back to prevent tobacco companies from using past 40 years that he has been involved this again. This is the moment. This is misleading marketing practices to en- in his public career. This bill is but one the hour. This is the time when we can courage tobacco use. It would accom- more example of good policy he has accomplish that kind of achievement. plish this by prohibiting outdoor adver- shepherded through the Congress which We have a chance to do something in a tising within 1,000 feet of a school or puts children and their families and meaningful way, and I urge my col- playground. Parents ought not to live the public first. All of us ought to leagues to join us in this effort. Let me also say this to my friend and in fear that their children are being thank him for his leadership on this colleague from Wyoming, who is a marketed cigarettes when they are at issue. champion on this issue and cares deep- school every day. It would limit adver- Passing this bill will be a historic ly about it. We had a very good and ex- tising in publications with significant victory for our Nation’s children—pro- tensive markup of the bill a couple of youth readership to a black-on-white, tecting children from aggressive mar- weeks ago. There are some outstanding text-only format; no pictures, mascots, keting by tobacco companies and es- amendments Senator ENZI has raised, tablishing sound manufacturing prac- or other eye-catching logos. It would and our staffs are working together to tices of tobacco products. It will be an restrict promotions that appeal to chil- try to resolve those matters, as I prom- historic step for parents who have dren and adolescents, and stop illegal ised we would, before we get to offering enough to worry about in today’s day sales of tobacco products to children a substitute that may include some of and age without having to be con- and adolescents. Lastly, it would pro- the provisions we are in the business of hibit tobacco product vending ma- cerned that cigarettes are being mar- trying to resolve. I thank him for his chines except in adult-only facilities. keted directly to them, or tobacco cooperation, and also the members of For this first time, the bill would products designed in ways to be specifi- the committee, who stayed 2 days to regulate tobacco products, requiring cally appealing to the youngest of our mark up this legislation. all tobacco product manufacturers to citizens in this country. Parents de- I commend my friend from Wyoming register with the Food and Drug Ad- serve peace of mind when it comes to for his diligence in all of this, as he al- ministration and to provide that agen- how dangerous tobacco products are ways demonstrates, and our colleagues cy with a detailed product list. The leg- being marketed. With this legislation, on both sides of the committee, who islation would assess user fees on man- that is precisely what we are trying to worked on this legislation; I am grate- ufacturers to pay for the cost of the do. ful to them as well. I look forward to a FDA tobacco regulation. And it would I will emphasize again, this is not good, healthy, and vibrant debate, with mandate larger and far more inform- going to stop all of the problems of the final conclusion being strong sup- ative health warnings on tobacco prod- children starting smoking every day, port for this bill. ucts, including prohibiting misleading but if we can make a difference and cut With that, I yield the floor. terms such as ‘‘light’’ and ‘‘mild’’ on those numbers down. Then we will have The PRESIDING OFFICER. The Sen- products that offer no health benefits achieved a great deal for our Nation. ator from Wyoming is recognized. whatsoever, and instead are intended This is an opportunity to do so. Mr. ENZI. Madam President, I rise to kill. I should point out as well, I am not today to talk against the deadly This bill is supported by over 1,000 or- unsympathetic at all to the tobacco scourge of tobacco. Tobacco use is the ganizations, including every major States—the States that grow tobacco leading preventable cause of death in public health group in the United where literally thousands of farms, the United States. We have to take States: the Campaign for Tobacco Free their livelihood, and jobs depend upon some dramatic steps to reduce smok- Children, the American Cancer Soci- this industry. This bill takes into ac- ing.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.014 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5921 Smoking killed my dad, my mom, Tobacco has been found to cause a mul- who stop smoking or, better yet, who and my mother-in-law, and secondhand titude of cancer types, whether it is smoked never start. That becomes a continuing smoking conclusively affected me. This or used in a smokeless fashion. Tobacco is cost to us. The cost of health care is isn’t political; this is about the health the number one cause of cardiovascular dis- out of control. There seems to be sup- ease leading to heart attacks and strokes. of all Americans. This bill comes out of Emphysema, chronic bronchitis, and many port in the context of health care re- the Health, Education, Labor, and Pen- other diseases are a consequence. form. sions Committee. The Senator from When I care for patients, I expect them to Full, fair, and open debate is critical Connecticut, Mr. DODD, mentioned that be involved in the healing process, no matter to the democratic process. I am pleased we don’t want kids to start. We don’t what disease they are afflicted by. If they to have the opportunity this week to want anybody to start. There is enough continue to smoke, they do not want to im- offer amendments to this bill to help information out there that can tell you prove their health. Because of this, they can lessen the toll tobacco takes on our so- either discontinue tobacco and continue that this will kill you. So don’t do ciety. Senator DODD mentioned the under my care, or find another health care committee action. We have a com- something that will kill you. Yes, it is provider. a slow death; it may take a number of Any tobacco user followed in our clinic mittee that works a little differently years, but it will kill you. Cancer is will be given the opportunity for tobacco from some of the others. We look at one of the big results of smoking. cessation (quitting the habit). Tobacco users that opportunity of the committee I wish to share a little bit from a must discontinue tobacco use within 2 weeks process to see what the key concerns contract that an oncologist—a person of the initial consultation. are and to see how they can be incor- who deals strictly in solving cancer Random urine nicotine testing is used to porated into making a better bill. That monitor patients. If a patient is positive on and providing cancer treatment— is what Congress is about. That is why 3 urine nicotines, they must find another we have 100 people here and 435 on the makes his patients sign before he will health care provider. If someone refuses nic- treat them because if they keep smok- otine testing on any given day, that counts other end of the building, so that we ing, they are adding to the problem, as a positive urine nicotine. If a patient has get a lot of backgrounds, opinions, and causing recurrences of the problem. It a positive urine test and is on treatment, the ideas, so that can avoid unintended starts off this way: treatment will be delayed for one week. Do consequences and tighten up processes not use nicotine products, such as patches or so that what we are trying to do can Tobacco is a dangerous substance. It con- gum that may cause a positive urine test. tains 50 carcinogens (cancer-causing sub- actually get done. stances) and is a Group A Carcinogen in the Patient Signature I appreciate the way this bill has same class as asbestos and radon. It has Date been worked on. One of the things we many toxic substances besides cancer-caus- Mr. ENZI. Madam President, I did no- did, of course, was leave about six ing agents; among these are insecticides tice that in the last couple of weeks, a amendments to be worked on in the in- which are used on the tobacco plant. In some Federal appeals court has even looked terim, before we actually get to amend- parts of the country, tobacco is used as an at a landmark ruling that found that ments on this bill. I am hopeful those industrial insecticide because of this com- the Nation’s top tobacco companies can be worked out so they will tighten position. Tobacco use is considered the num- up the bill a little bit more. ber 1 preventable cause of death in the world. were guilty of racketeering and fraud for deceiving the public about the dan- This Congress does have a unique op- On average, tobacco users live 35 years less portunity to have an impact on smok- than non-tobacco users. gers of smoking. A three-judge panel of ing and health consequences. My I go on to quote: U.S. courts of appeals in Washington unanimously upheld requirements that record is clear when it comes to to- Tobacco has been found to cause a mul- bacco. I am no friend of big tobacco. I titude of cancer types, whether it is smoked manufacturers change the way they market cigarettes. The requirements, have never taken a dime of tobacco or used in a smokeless fashion. Tobacco is company money for my campaigns, and the number one cause of cardiovascular dis- which have been on hold pending ap- ease leading to heart attack and strokes. peal, would ban labels such as low tar, I don’t intend to start now. I have ideas Emphysema, chronic bronchitis, and many light, ultra light, or mild, since such to make a real impact on the public other diseases are a consequence. cigarettes have been found to be no health and win the war on tobacco. When I care for patients, I expect them to safer than the others. That is one of I thank the Senator and all those on be involved in the healing process, no matter the requirements in this bill—that the other side of the aisle for the seri- what disease they are afflicted by. If they ous consideration they are giving the they cannot use that kind of false ad- continue to smoke, they do not want to im- bill and the opportunity now to have prove their health. Because of this, they can vertising. I wish to share some facts with you. the floor debate. I am hoping we will either discontinue tobacco and continue stick to germane issues so that it will The Senator from Connecticut shared under my care, or find another health care stay a tobacco bill. That is the only provider. some with you. These are from the way we will actually reach a conclu- Any tobacco user followed in our clinic Centers for Disease Control and Pre- sion on it. will be given the opportunity for tobacco vention. Among current U.S. adult cessation (quitting the habit). I hope the ideas presented with the smokers, 70 percent report they want goal of making this a better bill will They work with them on that. to quit completely. In 2006, an esti- get serious consideration. I am sure Tobacco users must discontinue tobacco mated 19.2 million adult smokers had they will. I encourage people to bring use within 2 weeks of the initial consulta- stopped smoking for at least 1 day dur- tion. those ideas forward and, if they will, ing the preceding 12 months because talk to us a little bit before they put I ask unanimous consent that the en- they were trying to quit. That is more them in to see if they are already tire contract be printed in the RECORD. than 44 percent of the smokers. Think under consideration as opposed to al- There being no objection, the mate- about it—70 percent of smokers want ready in the bill. rial was ordered to be printed in the to quit, and 44 percent of them are try- I am thankful for this opportunity. I RECORD, as follows: ing each year. Unfortunately, not am glad that the bill is being brought TOBACCO POLICY enough of them succeed. I know what a to the floor and that it went through (By Philip C. McMahill M.D.) terribly addictive thing it is. I watched the regular process. I hope something Tobacco is a dangerous substance. It con- my parents deal with it. The numbers good can come out of this. We need to tains 50 carcinogens (cancer causing sub- are even more shocking when we con- make sure what we are doing will stop stances) and is a Group A Carcinogen in the sider youth smokers. Nearly one in five smoking. same class as asbestos and radon. It has young people smokes, but more than 54 I yield the floor. many toxic substances besides cancer caus- percent of current high school smokers The PRESIDING OFFICER. The Sen- ing agents; among these are insecticides in the United States tried to quit ator from Connecticut is recognized. which are used on the tobacco plant. In some smoking during the preceding year. Mr. DODD. Madam President, I parts of the country, tobacco is used as an We need to get people to stop smok- industrial insecticide because of this com- thank my colleague from Wyoming for position. Tobacco use is considered the num- ing or, better yet, never start. I sup- his eloquent comments and his com- ber 1 preventable cause of death in the world. port incentives to quit smoking—for mitment to the issue. On average tobacco users live 35 years less example, offering incentives to lower Madam President, I suggest the ab- than non tobacco users. health insurance premiums for those sence of a quorum.

VerDate Nov 24 2008 01:43 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.016 S02JNPT1 smartinez on PROD1PC64 with SENATE S5922 CONGRESSIONAL RECORD — SENATE June 2, 2009 The PRESIDING OFFICER. The to slow walk decisions about recycling proposed in Haywood County would clerk will call the roll. used nuclear fuel. They point to the cover 20 acres but produce just 5 The bill clerk proceeded to call the shortage of welders for new plants. megawatts. The 18 big wind turbines roll. They complain that Japan and France atop Buffalo Mountain, a few miles Mr. DODD. Madam President, I ask are building most of the essential away from where I made my speech, unanimous consent that the order for equipment for new nuclear plants. No have the capacity to produce 29 the quorum call be rescinded. surprise, since Japan is building 1 nu- megawatts but actually produce only 6 The PRESIDING OFFICER. Without clear plant a year, and France is pro- megawatts. It may be also possible to objection, it is so ordered. ducing 80 percent of all of its elec- squeeze a few hundred megawatts from Mr. DODD. Madam President, I ask tricity from nuclear powerplants. The turbines in the Mississippi River. The unanimous consent that during today’s skeptics say that carbon from coal Southern Company’s new biomass session the recess time for the caucus plants contributes to climate change, plant in Georgia—biomass is sort of a luncheon period and any period of which is true, and so they offer their controlled bonfire of waste wood prod- morning business be counted solution: operate our big complex coun- ucts—would produce 96 megawatts. All postcloture. try, which uses 25 percent of all of the this for a utility that needs 27,000 The PRESIDING OFFICER. Without energy in the world, on electricity gen- megawatts to operate at any given objection, it is so ordered. erated from the wind, the sun, and the time. Earth. One day that might be possible. Each of these sources of renewable f But today there is a huge energy gap energy consumes a lot of space. For ex- RECESS between the renewable electricity we ample, the big solar thermal plants in Mr. DODD. Madam President, I ask wish to have and the reliable, low-cost the western desert where they line up unanimous consent that the Senate electricity that we must have. My mirrors to focus the Sun’s rays take stand in recess under the previous guess is, it will be 30 or 40 or 50 years more than 30 square miles—that is order. before these new sources of electricity more than 5 miles on a side—to There being no objection, the Senate, are cheap enough and reliable enough produce the same 1,000 megawatts that at 12:21 p.m., recessed until 2:15 p.m. to supply most of the power to our one can get from a single coal or single and reassembled when called to order electric grid. nuclear plant that sits on one square by the Acting President pro tempore. The nuclear skeptics in Congress, mile. Or take wind, to generate the urged by the President, reported last same 1,000 megawatts with wind, one f month an energy and climate change would need 270 square miles. That is 16 FAMILY SMOKING PREVENTION bill that would require 20 percent of miles on a side. An unbroken line of AND TOBACCO CONTROL ACT— our electricity to be made from a very wind turbines 50 stories high from MOTION TO PROCEED—Continued narrow definition of renewable energy. Chattanooga to Bristol would give us My visit to Oak Ridge was to a gath- only one-fourth of the electricity we The ACTING PRESIDENT pro tem- ering to discuss how to attract and get from one unit of the Watts Bar nu- pore. The Senator from Tennessee. keep high tech jobs in the region. I clear powerplant which fits on one NUCLEAR POWER tried to paint a picture for those at- square mile, and we would still need Mr. ALEXANDER. Mr. President, 1 tending about how this legislation the nuclear powerplant for the times year ago I went to the Oak Ridge Na- would affect those who attended. when the wind doesn’t blow. There is tional Laboratory in Tennessee to pro- To put things in perspective, the good reason why there is only one wind pose a new Manhattan Project to put Tennessee Valley Authority produces farm in the entire southern United America on the path to clean energy an average of about 27,000 megawatts of States. In our region, the wind blows independence. The project would focus electricity for industrial and household less than 20 percent of the time. Much on seven grand challenges: plug-in elec- customers in our seven-State region. of that time is at night when TVA al- tric cars and trucks, carbon capture Sixty percent comes from coal, 30 per- ready has several thousand megawatts from coal plants, making solar power cent from nuclear, 8 percent from hy- of unused electricity. cost competitive; recycling used nu- droelectric power, and 1 percent from Biomass will be a renewable source clear fuel, advanced biofuels from crops natural gas. Across the country, it is 50 that we will emphasize in the South, we don’t eat, green buildings, and fu- percent coal, 20 percent nuclear, 20 per- we are told. That’s a good idea. It sion. Last week I went back to Oak cent natural gas, and 6 percent hydro- might reduce forest fires, and it will Ridge, spoke to a gathering, a summit electric power. Nationally, only about conserve resources. The National For- of people from several States who were 11⁄2 percent of electricity comes from est Service told us last week that there meeting to talk about how to attract the Sun, the wind, and the Earth. Al- are 2 million tons of wood scraps and and keep high technology jobs. I pro- most none of the TVA’s power does. dead trees in Tennessee’s forests, and posed that the United States should But the 40 percent of TVA power that pulp and paper companies might build 100 new nuclear plants during the comes from nuclear and hydro plants is produce another 2 million tons. That next 20 years, while scientists and engi- just as clean as these narrowly defined sounds like a lot. But let’s not expect neers figure out the grand challenges I renewables. It is free of pollution that too much. We would need a forest the discussed 1 year ago. This would double dirties the air, and it is free of carbon size of the entire 550,000-acre Great America’s nuclear powerplants which that contributes to global warming. In Smoky Mountain National Park to today produce 20 percent of all of our that sense, TVA is the sixteenth clean- feed a 1,000-megawatt biomass plant on electricity and 70 percent of our pollu- est utility in the country already. a sustained basis. That is a plant that tion-free, carbon-free electricity. This Here is another yardstick. The new would produce as much electricity as is an aggressive goal. But with Presi- nuclear powerplant at Watts Bar in one nuclear power unit. dential leadership, it could happen. I Tennessee can produce 1,240 megawatts Think of the energy it is going to am convinced it should happen. Con- of electricity. The Bull Run coal plant take to haul this around. Georgia servation and nuclear power are the produces about 870 megawatts; the Southern says it will take 160 to 180 only real alternatives we have today to Fort Loudoun Dam, 150 megawatts. All trucks a day to feed biomass into a 96- produce enough low-cost, reliable, three operate almost all the time. This megawatt electrical plant. Remember, clean electricity to clean the air, deal is called base load power, which is im- TVA uses at least 27,000 megawatts of with climate change, and keep good portant since large amounts of power electricity every day. jobs from going overseas. Climate can’t be stored. Some forget that solar Of course, conservation and effi- change may be the inconvenient prob- power is only available when the Sun ciency are the places to start when lem of the day, but nuclear power is, shines and wind power is only available looking at America’s and, especially, for many skeptics, the inconvenient when the wind blows. Tennessee’s electricity futures. Ten- answer. These nuclear skeptics cite So how much renewable electricity is nesseans use more electricity per per- regulatory delays and past problems available in our region? The new solar son than residents of any other State. with safety. They appoint commissions plant our Governor Phil Bredesen has If we reduced our use to the national

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.017 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5923 average, it would equal the electricity ica in my hometown, which has closed our cars and trucks. I believe we should produced by four nuclear powerplants. its smelter and won’t open until it can make half our cars and trucks plug-in We might still have to build some new get a 20-year, low-cost electricity con- within 20 years. That would reduce by powerplants, because our history and tract from TVA, or the steady stream one-third the oil we import from for- that of the country is that conserva- of regional manufacturers who have eign sources. The Brookings Institu- tion only limits electricity growth. It been to my office saying that electric tion scholars estimate we can power usually doesn’t reduce it. For example, rates are already too high for them to those cars and trucks by plugging them 20 years ago we never would have keep jobs in our region. in at night without building one new guessed that computers would be using The point is, if we care about jobs of powerplant. Let me repeat that. If we nearly 5 percent of our electricity. One any color, the cost of electricity mat- electrify half our cars and trucks in can see we will need some break- ters. Which is why it is especially gall- America, we can plug them in at night throughs, something like a new Man- ing to see France, a country we usually without building one new powerplant hattan project, before we can rely very don’t like to emulate, using the tech- because we have so much unused elec- much on renewable electricity. nology we Americans invented to give tricity at night. Of all these forms of electricity in themselves some of the lowest electric As our fleet of electric vehicles our region, solar has the most promise. rates and lowest carbon emissions in grows, the most logical option for plug- It takes up massive space, but we can the European Union. ging in will be supplied by clean nu- use rooftops. It only works when the So why is it that nuclear energy, per- clear power. Until we make great ad- Sun shines, but the Sun shines during haps the most important scientific ad- vances in storage batteries, it cannot peak times of electricity use. I believe vancement of the 20th century, was in- be electricity that is sometimes there our Governor is exactly right to try to vented in America and yet we stopped and sometimes not. We cannot have make Tennessee a hub for solar power. taking advantage of it just when we Americans going to bed every night The first grand challenge of my pro- most need it? Shortly after World War praying for a strong wind so they can posed Manhattan project is to try to II, Glenn Seaborg, the great American start their cars in the morning. make solar power cost competitive. Ac- Nobel Prize winner, said that nuclear Still, when it comes to nuclear cording to TVA, in our region, it is far energy had come along just in time be- power, a lot of people worry about safe- from that today. Solar costs four to cause we were reaching the limits of ty. They say: Well, nuclear power five times as much as the base load fossil fuels. He was right. The suc- sounds great to me, but I am afraid one electricity that TVA now produces. ceeding decades proved that fossil fuels of those reactors is going to blow up Wind power, on the other hand, can are not unlimited, and their supplies and cause a holocaust. supplement electricity on the Great could seriously compromise energy Well, let’s make a few things clear. Plains and perhaps offshore. But for independence. And that doesn’t even As Oak Ridgers—where I was last our region, it would be a terrible mis- address global warming. week—know better than almost any- take. Yes, I do believe global warming and one, a reactor is not a bomb. It cannot In Tennessee it is a waste of money, climate change are problems we must blow up. That is impossible. There is and it destroys the environment in the address. We can’t go on throwing 3 bil- not enough fissionable material there. name of saving the environment. The lion tons of carbon dioxide into the at- What a nuclear reactor can do is turbines are three times as tall as mosphere every year without running overheat if it loses its cooling water, Neyland Stadium, which is our great into some kind of trouble. Every ses- just the way your car engine can over- big football stadium in Knoxville. In sion I have been in Congress, I have in- heat and break down if it loses its anti- our region they only work on moun- troduced legislation to cap carbon freeze. It is called a meltdown. Nuclear taintops where the winds are strongest, emissions from coal powerplants. But scientists have warned about this from and they barely work there. I haven’t the way to deal with global warming the beginning and take many pre- mentioned the new transmission lines and to keep our jobs is to encourage cautions so it will not happen. that will be necessary from the moun- what has been called the ‘‘Nuclear Ren- Nuclear skeptics like to bring up taintops through backyards in Ten- aissance’’ and start making nuclear en- Three Mile Island, so let’s talk about nessee. ergy the backbone of a new industrial that. What happened at Three Mile Is- Someone asked Boone Pickens if he economy. land was basically an operator error. A would put any of these turbines on his Right now there are 17 proposals for valve failed, and when the automatic 68,000-acre ranch in Texas. ‘‘Hell no,’’ 26 new reactors in licensing hearings safety mechanism kicked in, the opera- he said. ‘‘They’re ugly.’’ Well, if Boone before the Nuclear Regulatory Com- tors overrode it because of a mass of doesn’t want them on his ranch be- mission. That is a start. I think we flashing lights and sirens on the con- cause they are ugly, why would we need to go well beyond that. trol panel, which confused them about want them on the most beautiful I propose that from the years 2010 to what was happening. mountaintops in America, in North 2030 we build 100 new nuclear reactors Three Mile Island completely Carolina, Tennessee, Virginia, West to match the ones we are already oper- changed the nuclear industry. The Virginia, Pennsylvania, all the way up ating. That is what we did from 1970 to Kemeny Commission, appointed by to the White Mountains of New Hamp- 1990. During that 20-year interval, we President Carter, analyzed the prob- shire? built almost every one of the 104 reac- lems and made many recommenda- Some of the jobs that we will be tors that now provide us with 20 per- tions, most of which were put into growing and attracting to our region cent of our electricity. If we build an- practice. The valve that started the and across the country are so-called other 100 by 2030, we will be able to pro- whole thing had failed nine times be- green jobs, created as scientists and en- vide well over 40 percent of our elec- fore in other reactors and the manufac- gineers work on the grand challenges I tricity from nuclear power. Clean hy- turer had tried to keep it a secret. Peo- propose. Please remember that nuclear dropower provides 6 percent of our elec- ple in the nuclear industry were not power is also green. Electric cars and tricity today, and with the electrifica- talking to each other. trucks are green. One-third of Ten- tion of small dams around the country, Now all of that has changed. Nuclear nessee’s manufacturing jobs are auto we may be able to expand that to 8 per- operators train for 5 years before they related. Even green jobs need low-cost cent. With diligent conservation, and can take over control rooms. They electricity. The two new polysilicon some renewable resources, we can add spend 1 week of out of every 5 in a sim- plants located in Cleveland and Clarks- another perhaps 10 or 12 percent. Then, ulator honing their skills. The nuclear ville, TN manufacture polysilicon for my friends, we will really be talking companies have special SWAT teams solar panels that go on roofs. Together about a clean energy economy. that can be dispatched anywhere in the these two plants use 240 megawatts of Still, that is only the beginning. The country at a moment’s notice in case electricity, about one-fifth of the pro- second largest source of carbon emis- anything goes wrong. A Nuclear Regu- duction of the new nuclear unit at sions—and the biggest source of our en- latory Commission inspector prac- Watts Bar. Don’t forget about places ergy instability—is the 20 million bar- tically lives on the site. What is more, like the Aluminum Company of Amer- rels of oil we consume every day to run every reactor in the country is on the

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.029 S02JNPT1 smartinez on PROD1PC64 with SENATE S5924 CONGRESSIONAL RECORD — SENATE June 2, 2009 hook for $100 million if something goes the occasion in 1943 when we began the Mr. BURR. Mr. President, I come to wrong at another reactor. As you can Manhattan Project at Oak Ridge and the floor because the Senate this week imagine, they watch each other very at other sites in our country, so can we is considering a new regulatory bill for closely. rise to the occasion today to build a the tobacco industry and there will be And it shows. Our entire nuclear new generation of nuclear reactors Members who will come to the floor to fleet—104 reactors—is now up and run- that will provide clean, reliable power say: We have tried to do this for 10 ning 90 percent of the time. There has for America for the rest of this cen- years. This is well past due. only been one year-long shutdown for tury. Well, in part they are right. This bill safety problems in the last decade. We It is not going to be easy. What we was produced 10 years ago. It has not have added the equivalent of 29 new re- are talking about here is essentially a changed. It is exactly what was pro- actors since 1990 by doing a better job rebirth of Industrial America, and it is duced. But let me try to fill in some of running the ones we already have. If already starting to happen. Westing- history for the Members of the Senate. house is opening a school for training the rest of America ran as well as the In 1998, we passed the FDA Mod- nuclear industry, we would be sitting welders who can knit together a containment structure strong enough to ernization Act. I was the lead sponsor on top of the world. of that bill in the House of Representa- ‘‘But what about Chernobyl?’’ some- protect both the environment from the tives. We spent 21⁄2 years developing a one will say? ‘‘Wasn’t that a nuclear reactor and the reactor from outside bill to modernize the Food and Drug catastrophe?’’ Well, the Soviets did threats. Alstom, a French company, is Administration. things very differently at Chernobyl investing $200 million in Chattanooga, than we know how to do in this coun- in my State, to manufacture heavy Most Americans do not even realize try. For instance, they did not put a turbines for nuclear plants. what the Food and Drug Administra- containment structure around the re- We also have to train nuclear engi- tion is. It is an agency in the Federal actor, which is like not putting a roof neers to take the place of the great Government that regulates 25 cents of on your house and then acting sur- generation that embraced the tech- every dollar in our economy. It is what prised when it rains and you get wet. In nology in the 1960s and 1970s, only to assures every American that when you addition, they did something no Amer- see their dreams come to naught when go to the pharmacy and you get a drug, ican power reactor has ever done: They the Nation turned away from nuclear there is a Federal agency that has de- power. We have to find a steel manu- surrounded the core with carbon in the termined that drug is, one, safe, and, facturer somewhere in this country form of graphite. That is like building two, effective; or that when you go to that is willing to step up and say: your reactor in the middle of a char- a hospital or a doctor’s office, and they ‘‘Here, we can do those forgings right coal grill. When the graphite caught take a medical device—maybe it is here in Pennsylvania or Ohio or Michi- fire, it spewed radioactive smoke all something that permits them to go in- gan or Illinois. We do not have to stand side your body without cutting you over the world. That could never hap- in line in Japan.’’ And we have to find pen at an American reactor—and it open—that device has gone through an investors who are willing to put up extensive review by the FDA. will not happen again in Russia since their money and say: ‘‘Yes, I have faith they have made a lot of changes over In some cases, pharmaceutical prod- in America. I have faith in technology. ucts take up to 12 to 14 years for ap- there and now they are building reac- I am ready to invest in building a tors in the same way we build reactors. proval—the amount of clinical trials to cleaner, safer, more prosperous world.’’ prove safety and efficacy that we go So let’s build 100 new nuclear reac- With Presidential leadership, we through, not just on animals but on hu- tors during the next 20 years. Our new could add more loan guarantees to ac- mans—but it assures every American reactors have even better safety fea- celerate construction, and could tures—although it is never good to be streamline the permit system to ensure that the gold standard in the world ex- overconfident. We have learned how to that new reactors do not become en- ists right here in the United States of run the current fleet at its full poten- snared in regulatory mazes or com- America. We put manufacturers and tial. Most reactors are making close to bative lawsuits. But we cannot sit on their products through a test at the $2 million a day. The attorney general our hands because in America we do FDA like no other country does. As a of Connecticut proposed a windfall not sit around waiting for the Govern- matter of fact, when the European profits tax a few years ago when fossil ment to do things for us. We do things Union was created and there were ef- fuel prices went through the roof. He for ourselves. forts to try to harmonize our approval said it was not fair that reactors could So the task we face here today is no process in the United States with that run so cheaply. So why not expand on less formidable than the task the Oak of Europe, what we found was that Eu- our winnings? Why not build another Ridge pioneers faced when they first rope’s adoption, then, of 15 countries generation of reactors? arrived in Tennessee in 1943. They were was that they take any of the 15 coun- Well, a lot of people say it cannot be trying to save the world from Japanese tries’ approval process. What we found done. They say we do not manufacture militarism and Nazi totalitarianism. in the United States was it was hard anything anymore in America. We have Now we are trying to save the world for us to find one country that had as to import all our goods from China. from the pending disaster of dwindling rigid a requirement as the United They say we do not have the nuclear energy supplies, the uncertain dangers States of America; therefore, we didn’t engineers to design the new generation. of a warming planet, and the stagna- harmonize. For that reason, there are They say we do not have the specialty tion and decay that can only follow if drugs that are approved in the Euro- welders to put them together on site. we do not revive American industry. pean Union that are not approved in They say we cannot manufacture the So I propose today that we work to- the United States because they either steel vessel heads anymore, and our gether across the aisle, with the Presi- haven’t met the test of the FDA or steel forges are not big enough. Right dent, in the task of bringing about a they have chosen not to go through the now, the only forge in the world big Nuclear Renaissance in helping to gen- test. enough to make a reactor vessel is erate the Rebirth of Industrial Amer- The reason I share all of that with ica. Japan Steel Works, and they are my colleagues is that for 21⁄2 years, Mr. President, I yield the floor. backed up. People say our new plants there were two focuses of those of us I suggest the absence of a quorum. will spend a decade standing in line be- The ACTING PRESIDENT pro tem- who worked on FDA modernization: hind the 34 other reactors that are al- pore. The clerk will call the roll. one was to make sure we had an agency ready under construction in the world, The assistant bill clerk proceeded to that could perform its task of effi- mostly in Asia. And you know some- call the roll. ciency, and two, that we did nothing to thing. They are right. They are right Mr. BURR. Mr. President, I ask unan- change the gold standard—the assur- because all the things they are saying imous consent that the order for the ance the American people had that here are true. We do not have a nuclear quorum call be rescinded. every time they got a prescription, construction industry. But then, they The ACTING PRESIDENT pro tem- every time there was a device, that the do not know America. America can re- pore. Without objection, it is so or- gold standard was intact, that it was spond to a challenge. Just as we rose to dered. safe and effective.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.031 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5925 It says on the FDA’s Web site—and junior employees working on applica- reduced-risk products or reduced-harm this is just part of their mission state- tions of drugs? It might be the next products to the marketplace, all you ment: lifesaving drug that is on the market- are doing is assuring that people are The FDA is responsible for protecting the place. It might be a device that is actu- going to continue to smoke cigarettes. public health by assuring the safety, efficacy ally a device that is inserted into your The marketplace at least has brought and security of human and veterinary drugs, body, and maybe a young reviewer ei- smokeless tobacco into the market- biological products, medical devices, our Na- ther delays the approval of that device place, and through that smokeless to- tion’s food supply, cosmetics, and products or that pharmaceutical or makes the bacco, it has generated a 2-percent re- that emit radiation. wrong decision because the senior reduction in smoking. We can make the For the most part, I think we would viewer has gone over to do tobacco. claim that smokeless tobacco is not agree that we do set the gold standard Some will come to the floor and good for the American people. It is cer- on the approval of products. We do claim that tobacco has to be in the tainly not good for our youth. But the have some questions about the Na- FDA. The FDA, since its inception, has statistics show it is not as bad as tion’s food supply. This body has taken never, ever regulated tobacco. We regu- smoking. You don’t have the degree of up three or four different pieces of leg- late it through what was the ATF, Al- death and disease from smokeless to- islation because of the fact that the cohol, Tobacco and Firearms; the Fed- bacco. We will get into that because FDA has not had the preview process eral Trade Commission has regulated there are studies around the world, they needed, and because of that, there the labeling; and the industry on its many of them done in the country of have been contaminated foods—some own eliminated most of the concerns Sweden, where we find exactly that, produced here in the United States, the American people had when they that they have been able to reduce some things were shipped in from out had a master settlement with States smoking drastically in Sweden by al- of the country, but it was FDA’s mis- years ago. lowing new, reduced-harm products to sion to make sure that did not happen. We are going to be debating this for come to the marketplace, and through Well, when we passed that piece of leg- days. I am going to be down here fre- the ability of the public to decide that islation, we all of a sudden accelerated quently until this debate is over with they would like to switch, they have the application process, the review because what I want is for the Members drastically gotten off of cigarette prod- process of drugs and pharmaceuticals. of the Senate and the American people ucts. In the next year, we approved 81 new to understand that it is not as black No, that is not the course we are applications because that FDA Mod- and white as what some people would going to take. We are going to take one ernization Act was in place but, more come to the floor and say: Just give it that is typical Washington. We are importantly, the gold standard was to the FDA and let them handle the re- going to pick an agency and we are still in place. sponsibility. Feel comfortable doing going to say: Let’s dump this responsi- I wish to ask my colleagues, what are that if you are willing to jeopardize bility on them, no matter what the we here today to do? The legislation drug safety, food safety, and device cost is. We forget the fact that the that is on the floor is to give the FDA safety because they can’t prove the FDA is the gold standard. It is respon- the jurisdictional responsibility of reg- safety and efficacy of this product. As sible for protecting the public health. ulating tobacco. I want my colleagues a matter of fact, the bill that is being How are you protecting the public to think hard about this. The FDA’s re- considered by the Senate doesn’t do health when you grandfather every cig- sponsibility is for protecting the public anything to regulate existing products arette product that is currently on the health—well, tobacco is bad for the that are on the marketplace. Think marketplace to exist just as it is? How public health; it causes disease and it about that. Think of all of the ciga- do you prove safety and efficacy? How causes death—‘‘by assuring the safety rette brands you see behind the can this be effective? and effectiveness.’’ Well, how in the counter. The Kennedy bill actually We are headed in the wrong direc- world can you certify that tobacco is says they are grandfathered. You can’t tion. As one of the authors of the 1998 safe? It can’t be done. touch them. You have to allow them to act, this troubles me greatly because I So to say we are going to allow the continue to be sold. But to a new prod- spent 21⁄2 years trying to figure out how FDA to become the agency of regu- uct, one that might be a reduced-risk not to change the gold standard, that latory jurisdiction is to say to an FDA product, meaning less harm to the balance at the FDA that assured every reviewer: We would like you to do this user, the pathway to try to be approved American that it had gone through a on drugs, we would like you to do this through the FDA is impossible. grueling process of review, that it had on devices, we would like you to do It is estimated that without doing passed every test that had been set to this on foods, and we would like you to anything, we will have a 2-percent re- prove safety and efficacy. Why would do this on cosmetics and products that duction in cigarette usage per year in we jeopardize this? Why would we risk emit radiation, but when it comes to this country. That is a statistic the the fact that we might change this gold tobacco, we don’t want you to hold to- CBO came out with. But if we enact standard? bacco to the core mission statement of this bill, according to the—excuse me, These are the questions that are the FDA. We want you to ignore that it CBO estimated that it is currently going to be asked over the next several kills people, we want you to ignore being reduced at 2 percent annually. days. They are questions I hope to an- that it causes disease, and we want you According to the Centers for Disease swer for people, not with what I believe to just regulate it based upon how Con- Control, smoking rates declined among but with the facts, with the truth gress said regulate it. Americans annually at 2 to 4 percent. about what is going on around the It is not making much sense to peo- Think about this: CBO says this bill world, why we are headed in the wrong ple who are listening. Why would you will reduce cigarette smoking by 2 per- direction, and why we can have an ef- do this? You could find any agency or cent annually. CDC says we are cur- fective regulatory entity in Wash- create an agency to do exactly what rently reducing cigarette smoking use ington without jeopardizing the future Congress laid out in law. But no, we are 2 to 4 percent in the United States. In of drug and device safety, food safety, laying it out in law and we are saying essence, what CDC says is, if you do cosmetics, and products that emit radi- to the FDA: We want you to take that nothing, we are going to reduce it more ation. These are things we need to take on as your jurisdiction, as your respon- than what this bill is going to do. Why? very seriously. sibility. Because CDC—the Centers for Disease I will make this last request, as I see But what is the likelihood of this, Control and Prevention—realizes that my colleagues are headed to the floor that by putting this new burden on the when you grandfather all of these prod- and wish to speak as well. I only asked FDA and surging reviewers who are ucts, where FDA has no ability to go in one thing a week and a half ago of the currently working through applica- and say, do this, do that, what you are committee members, and that was to tions on drugs and devices, working on doing is you are locking in the Amer- read the bill. Well, the fact that atti- food safety, and we surge them over to ican people. When you say to the FDA: tudes haven’t changed much, that we this new area of responsibility called Have this jurisdiction, but we are not are on an accelerated pathway, I can tobacco, that we are going to put more going to give you any real way to bring just about assure my colleagues they

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.033 S02JNPT1 smartinez on PROD1PC64 with SENATE S5926 CONGRESSIONAL RECORD — SENATE June 2, 2009 didn’t do what I asked. I didn’t expect Secondly, we need to have a system cure it effectively. You see that with them to. I think the American people which encourages the marketplace to all sorts of diseases. believe we read every bill before it is produce better products, more quality, In Canada, you may not be able to considered. I think most Members at- better health care. We also need a sys- get hip surgery if you are over a cer- tempt to do that through staff or tem that doesn’t let the government tain age—certainly not in time to have themselves. This is one that, quite become too intrusive into the health your lifestyle improved. The simple frankly, had they read it, we wouldn’t care administration so that we don’t fact is, a single-payer plan inevitably be here today. We wouldn’t be doing end up with the government between leads to delay in the delivery of care what we are attempting to do. you and the doctor and we have a sys- and also rationing. In addition, of This is not about a quest of 10 years. tem where the government basically course, it leads to massive bureauc- In 1998, when we opened the Food and creates such a top-down bureaucracy racies, inefficiency, and a reduction in Drug Administration to do the Mod- that you end up with rationing or sig- quality. It drives out of the market ernization Act, we opened the entire nificant delays in the delivery of people who create new products, the thing. Every Member of Congress had health care, as occurs in some of our new research, the new drugs, because an opportunity to amend that bill in sister countries such as Canada and you are basically setting a fixed return the House and the Senate at the time England. on what a person can make if they in- and to give the FDA jurisdiction over Thirdly, we have to have a system vest in producing a new drug, and the tobacco. No Member exercised that that encourages innovation and gives production of new drugs is a very ex- ability. So in 1998, there were no Mem- those creative minds out there in the pensive business. It costs almost $1 bil- bers who thought it was important health care field who are discovering lion and 12 years to bring a new drug to enough to put that responsibility in new drugs and new ways to treat very the market. It is extremely expensive. the FDA. serious illnesses the opportunity to do If you cannot get a reasonable return We have seen steady reductions in that, to get a reasonable reward for on your money, you are not going to be smoking among adults and, more im- what they are doing, both monetarily able to get investors. If your investors portantly, smoking among youth. and, of course, the great satisfaction of are looking at that and saying the gov- Youths are always the ones we point at helping to cure people. ernment may step in and fix my return and we say we have to make sure we do We also need a health care system and change the years of exclusivity and this because children shouldn’t have which says to the American people: create a formulary to determine how cigarettes. They are right. They You are going to get quality health and what drugs can be sold and who shouldn’t. That is why we have age care when you go to get health care, can buy them and ration those drugs, limits and advertising limitations. and you are going to get it at a reason- that does not work. It reduces re- Can we do better? Yes, we can. Let able price. search, and therefore quality, and it re- me assure my colleagues, I will offer a So these conditions, these standards duces the ability to get good health substitute that not only is effective are things we should follow. care. regulation, but it will protect the gold As this train starts to leave the sta- A public plan should be a nonstarter. standard of the Food and Drug Admin- tion, we are seeing a great deal of talk It should never happen. I have pro- istration. It won’t put in jeopardy what around here about how any health care posed—and I think we should be pro- we have established as the most crucial that is proposed, if it is coming from posing formal ideas; we have not heard regulatory body we have that controls the other side of the aisle, must be formal ideas from the other side of the or regulates 25 cents of every dollar of heavily laden with new government re- aisle yet and I hope we will get some our economy. I don’t believe that is restrictions and new government direc- soon—I have sat on a number of bipar- sponsible of the Members of the Con- tions, the most significant of which is tisan groups, which have been congress. They have already made the mis- something called a public plan. A pub- structive, especially the Baucus group take in the House. I hope we don’t lic plan—no matter how it is dressed up has been very constructive, but we still make the mistake in the Senate. We or what costume is put on it—has the don’t have anything formal coming out can come up with effective regulation same effect. It is a statement by the of that group. The same is true with but not doing it through the Food and government that it is going to compete the HELP Committee, under Senator Drug Administration. in the marketplace with the private KENNEDY—and from the administra- Mr. President, I yield the floor. sector for the delivery of health care tion, for that matter, we do not have The ACTING PRESIDENT pro tem- insurance in this country. anything formal. pore. The Senator from New Hamp- That is not fair competition. There is I think we have an obligation to lay shire. no way the private sector will be able down the specifics on what we want to Mr. GREGG. Mr. President, I ask to compete with a public plan; we know do. I proposed ‘‘CPR.’’ That is the title unanimous consent to speak as in that. What we know is that a public I have given the proposal: Coverage, morning business. plan is essentially a stocking horse for Prevention, and Reform. Essentially, it The ACTING PRESIDENT pro tem- a single-payer plan. It is more than the will set up a system where every Amer- pore. Without objection, it is so or- camel’s nose under the tent, it is the ican will be required to get health in- dered. camel’s neck, and probably front legs, surance, and we will have affordable HEALTH CARE REFORM under the tent on the effort to produce health insurance for low-income Amer- Mr. GREGG. Mr. President, I rise to a singer-payer plan. icans, people under 300 percent of pov- speak about health care and where we It doesn’t make a whole lot of sense erty or less. They will have assistance are going on the issue of health care for us to go into a single-payer plan, to get health insurance. The insurance here as a government and as a nation. which is essentially nationalizing the will be focused on the biggest concern The health care train is beginning to health care system. We have seen for most Americans, which is when leave the station, so to say. I wish to neighboring nations have this experi- someone in your family gets sick or make sure it is on the right track, that ence, and their experience is not good. has a severe accident and your entire it not be on tracks which will lead it In your nationalized health care sys- economic lifestyle has changed and, in over a cliff. So I want to lay out a few tems, such as in England, for example, fact, maybe you are wiped out and fundamental tests that I believe need about 78 percent of the women who get bankrupted by that event. Essentially, to be passed for health care reform to breast cancer survive. Here that per- this proposal will make sure everybody be effective. centage is around 92 percent. The dif- in this country has meaningful health First, everybody needs to be covered. ference is because in the United States insurance, so they cannot be wiped out Everybody should have the right to get detection occurs early. In England, un- by a medical event. insurance in this country. That is a fortunately, because they have a public Secondly, this proposal is focused ag- reasonable request, and it is a reason- health care system, which essentially gressively on the issue of prevention. It able thing to do. The fact that some involves delay in the ability to get changes the HIPAA rules so employers people don’t have adequate health care treatment, people are not determined can put more money into giving people coverage is not acceptable. to have that illness early enough to incentives to live healthy lifestyles.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.034 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5927 That is critical to our society. We have are so small they don’t have the where- with what they are provided by their diseases in this country that can be ad- withal to supply health care. employer—usually. Why should we dressed through improving lifestyles. What I am suggesting is that every- throw them out the door too? Let’s ad- We have seen that, and a lot of compa- body in America has to buy health in- dress that. What we need is to look at nies have been successful in this area— surance—the coverage I talked about— the system we have, its strengths, and in the area of obesity, which is a severe meaningful health insurance, with a build on those strengths. We need to problem, and with diabetes and other heavy emphasis on prevention and re- look at its weaknesses and reform huge costs to society, we can change form. If you cannot afford it, then we them. I know my proposal will help ac- the impact of those costs and those will help you buy it. But you have to complish that, and I hope it will be very detrimental health problems buy it. It is an individual mandate. taken seriously. through a better lifestyle. We should This is an approach that I think will I yield the floor and suggest the ab- incentivize that—monetarily incen- work. It doesn’t require that we throw sence of a quorum. tivize that. That is what my proposal the baby out with the bathwater. It The PRESIDING OFFICER (Mr. does. doesn’t require that we entirely re- UDALL of Colorado). The clerk will call In addition, the proposal incentivizes write our health care system in this the roll. people to take preventive action rel- country to satisfy those who want to The assistant legislative clerk pro- ative to screenings and to getting early run the health care system out of the ceeded to call the roll. health care intervention, rather than government. Mr. DORGAN. Mr. President, I ask late health care intervention. It does it It is not a nationalization of the unanimous consent that the order for health care system, not a single-payer through financial incentives. That is the quorum call be rescinded. or a public plan system. There will be The PRESIDING OFFICER. Without the best way to do things—pay money innumerable competing insurance objection, it is so ordered. for being thoughtful and healthy. Mr. DORGAN. Mr. President, I know Third, it looks at the system of reim- products out there for people to buy in order to meet these standards of cov- we are on the 30 hours postcloture on bursement and says this is a chaotic erage—innumerable. They will be set- the legislation that is the Family system in this country, where we have tled by the marketplace. People will Smoking Prevention and Tobacco Con- stovepipes branching off everywhere. have choices. States will have an ex- trol Act. I support that legislation. I We need to have a system that reim- change program, and you will be able applaud our colleague Senator KEN- burses, first, for quality, rather than to see everything available to you and NEDY for his leadership on this issue. It simply for procedures, and one that quickly decide what is best for you as gives the FDA the authority to regu- says if you are delivering quality care, a family or an individual. It is not an late tobacco, including ingredients in you will be reimbursed—especially if attempt to totally rewrite the health tobacco products and tobacco mar- you are delivering quality care at less care system. It is an attempt to build keting, which I think is an important of a cost, and you are going to get a on the present system, and it recog- step for our Nation’s health. benefit for that—the providers will. We nizes we have weaknesses, such as the We talked a lot about this in the have seen study after study, now over a fact that 47 million people are not cov- past. The fact is that smoking and the period of 20 years—most done by the ered and that we actually use of tobacco is dangerous to one’s group at DARPA—which has shown us disincentivize preventive medicine and health. We know that. I had a doctor it is not an issue of cost that produces a healthy lifestyle under HIPAA and once say there are three things that quality, it is an issue of those who are such that we have a reimbursement will give you pretty good odds for a performing the procedures. system that makes no sense and is cha- longer life. One is wear a seatbelt. The We know, for example, that in some otic and has grown up, over the years, second is keep your weight down. And parts of the country it can cost 50 per- as a result of the bureaucratic machine the third is don’t smoke. Pretty sound cent more to get a certain procedure, that would make Rube Goldberg seem advice. The ‘‘don’t smoke’’ piece is and you will have 20 percent less of an simple. Take the strength of our sys- about the health consequences of outcome than if you go to other parts tem—we have private sector initiatives smoking. of the country. For example, if you go going on that are creating better We know especially the issue of mar- to Mayo Clinic, it will cost less to get health care, which doesn’t cause people keting and marketing to children is a one procedure, and you will get a bet- to have to suffer massive delays and pernicious activity. We also know the ter outcome than if you go to a hos- doesn’t create rationing in the market- best way you can get somebody hooked pital in southern California, where it place, depending on your age, and on cigarettes is to get them when they costs more and you get less of an out- doesn’t put the government between are kids, get them when they are come. It is the same if you compare you and your doctor. That is a good young. Do you know of anybody who at Florida and Washington State. If we health care system, and we should not age 35 is sitting in a La-Z-Boy recliner incentivize quality and reasonable throw it out by going to a public plan, watching a color television set rumi- costs, we know we will get better qual- a single-payer system. We should build nating about life and thinking to them- ity and lower costs. on the health care system we have and selves: What on Earth have I missed in We also know we have a haphazard bring those who are not covered into it life? What can I do to enhance my life? procedure around here on how we have and bring all of us into an attitude of What should I be doing that I so far deductibles relative to Medicare and living healthier lifestyles and focusing have been unable to do and they decide: the various parts of it. Nobody knows on prevention, quality, and reform; I have to take up smoking. That just what their deductible is because it thereby promoting research and better doesn’t happen. If you don’t get them changes depending on what type of health care. when they are kids, you don’t get treatment you are getting—Part A, B That is my proposal. I don’t expect them. That is why we pay a lot of at- or D, whatever. We should standardize this proposal to win the day, but I hope tention to addiction to nicotine, mar- those and get more efficiency into the it will be listened to as we go down the keting to children, and so on. health care system. road because this is a huge issue. Sev- Let me say again the leadership of How do we accomplish this? If you enteen percent of the American gross Senator KENNEDY and so many others are going to get everybody in the sys- national product is spent on health on a bipartisan basis on this issue I tem, you have to basically require that care. We don’t need massive amounts think is very important. It deals di- everybody be in the system. We have 47 of money in health care. We spend 6 rectly with the issue of the health of million uninsured people. Of that num- percent more of our gross national the American people. ber, 20 million can buy their insurance. product than the next closest nation. I do want to say, however, that I in- They have incomes up to $75,000 or There is a huge amount of money mov- tend to offer an amendment tomorrow more. But they choose, as a matter of ing around in our system. We need when we get on the bill itself. I want to lifestyle, not to insure themselves. A more quality at a more reasonable describe why I am offering an amend- fair amount of people—the other 27,000 cost. ment and what the amendment does. people—either don’t have the where- In addition, a lot of people are quite The amendment is called the Phar- withal or they are with companies that happy with their health care system, maceutical Market Access and Drug

VerDate Nov 24 2008 01:43 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.035 S02JNPT1 smartinez on PROD1PC64 with SENATE S5928 CONGRESSIONAL RECORD — SENATE June 2, 2009 Safety Act. This underlying bill deals State that borders Canada. In a one- One of the things that is always with the FDA. So, too, will my amend- room drugstore at Emerson, Canada, I raised by those who support the prac- ment deal with the FDA. I will offer saw individuals buy their prescription tice of the pharmaceutical industry is the amendment with Senator SNOWE drugs and saw the savings drug by this is going to cause all kinds of safe- from Maine, the Dorgan-Snowe bill drug. I sat in a farmyard one summer ty concerns. Can you imagine the coun- which we worked on for a long while. It afternoon with an old codger in his terfeit drugs that will come across? has very wide support in this Chamber eighties from North Dakota. He was I just described this drug Lipitor. from TED KENNEDY, JOHN MCCAIN, talking about health care. He said: You This is not made here. It is made in CHUCK GRASSLEY, DEBBIE STABENOW. So know, my wife has been fighting breast Ireland and then shipped in. How do we many others in this Chamber on a bi- cancer for 3 years. He said: For 3 years know this is real? The provisions in the partisan basis have supported this con- every 3 months we have driven to Can- legislation that we have created actu- cept. ada to buy Tamoxifen to fight her ally provide safety requirements that Let us give the American people the breast cancer. Why did we drive to Can- exceed those that now exist with re- opportunity that comes with the ada? Because we couldn’t afford it in spect to batch lots and pedigrees and worldwide economy and the ability in the United States. We couldn’t afford all kinds of new resources for the FDA the free market to choose your prod- to pay for the drugs for my wife’s fight to do more audits than they now do, to ucts. And here is the reason it is im- against breast cancer. It was 80 percent do more inspections than they now do. portant to do that. less costly for the identical drug just Don’t anybody come to the floor of The American people at this point north of the border. That is not fair. the Senate raising those kinds of issues understand the value of prescription Again, it is not just Canada. It is vir- because they do not exist. This legislation is legislation that has very strin- drugs. They are enormously valuable, tually every other industrialized coun- gent safety requirements and will pro- and I commend all of those who try where drugs are sold for a fraction vide an opportunity for the American produce prescription drugs. Yes, the of the price they are sold in the United States. These are FDA-approved drugs, people for some basic fairness. pharmaceutical industry—good for Here is a quote from Mr. Hank made in FDA-approved facilities, and them. Yes, the National Institutes of McKinnell, former Pfizer CEO. He said: sent all around the world. The only dif- Health and in so many other areas with Name an industry in which competition is public funding as well that develop the ference is pricing. We are charged the allowed to flourish—computers, tele- approaches that result in lifesaving highest prices in the world. communications, small package shipping, re- prescription drugs. I commend all of The Wall Street Journal had a piece tailing, entertainment—and I’ll show you them, including the pharmaceutical in- on April 15 of this year, quoting some lower prices, higher quality, more innova- dustry. experts: tion, and better customer service. There’s But it is also the case that the pric- These kinds of price increases— nary an exception. OK, there’s one. So far, the health care industry seems immune to ing mechanism the pharmaceutical in- Speaking of prescription drugs— the discipline of competition. dustry uses in this country is fun- are way out of line with what’s being experi- That is exactly why the pharma- damentally flawed. They have a pricing enced in the rest of the economy. ceutical industry can decide this after- mechanism that in most cases for Said Ron Pollack, executive director noon behind a closed door: Here is what major brand drugs, the American peo- of Families USA, a consumer health we are going to do to our prices, and if ple are told: You get to pay the highest care advocacy organization. you don’t like it, tough luck, because prices in the world. You, the American Credit Suisse’s Catherine Arnold said we have the capability to make it people, get to pay the highest prices in drug companies have increased prices stick. the world for the same pill put in the so aggressively in recent months to I don’t come to the floor of the Sen- same bottle made by the same com- wring sales out of products before any ate as someone who has some sort of pany. And it is not fair. health care cost-cutting efforts eat grief against the pharmaceutical indus- I have an example of that, and I ask into profits. try. As I said when I started, the phar- unanimous consent to show them on That is not fair. One might ask: How maceutical industry plays a very im- the floor. can they do it? They can do it because portant role in health care in this The PRESIDING OFFICER. Without there is something in law that prevents country. I have a grief against their objection, it is so ordered. the importation of prescription drugs, pricing policy, however. Mr. DORGAN. Mr. President, this is even FDA-approved drugs, prevents the I held hearings on this issue long ago. the drug called Lipitor. Most people importation into this country by any- A group of us on the floor of the Sen- understand what Lipitor is. It is a drug body except the drug manufacturer ate—Republicans and Democrats—has that is used to lower cholesterol. This itself. That means the American people tried for some long while only to be happens to be made in Ireland and sent are not given the same opportunity to blocked to pass legislation that would all over the world. These two bottles shop worldwide for an FDA-approved give the American people the oppor- were sent to two different places—one drug. It means it is a free-trade econ- tunity to access the identical prescrip- to the United States and one to Can- omy except the American people can- tion drugs that are sold for a fraction ada. The United States consumer got not participate in that free trade. of the price in the rest of the world and to pay twice as much as the Canadian What we propose to do is to offer a do it in a manner that is fair to the consumer. It is the same bottle, same piece of legislation that gives the American people. We have been pill, same company, FDA approved, and American people the opportunity to ac- blocked in that opportunity. the American people are charged twice cess FDA-approved drugs, the same This is an FDA bill on the floor of as much. And it is not just Lipitor. It drug made in the same place marketed the Senate. This is the place to offer is drug after drug. differently but priced higher in the this amendment. The question is, why? Why should United States to access those same I visited with my colleagues this that be the case? It is not just Canada, drugs. Do we do this because we want morning, Democrats and Republicans. I it is virtually every other country in Americans to buy their drugs from talked with Senator STABENOW, Sen- the world as well that enjoys lower other countries? No, that is not the ator SNOWE, Senator MCCAIN, and cost prescription drugs, when, in fact, point. The point is if they can access many others this morning about this we pay a much higher cost for the iden- that same FDA-approved drug sold for amendment to this bill. On a bipartisan tical drug. a fraction of the price in another coun- basis, we believe this will help the This happens to be the price—$4.47 try, it will force the pharmaceutical American consumer. It is long overdue. per 20 milligram tablet of Lipitor to a industry to reprice their drugs at a And at a time and during a year in U.S. consumer, and just north of the lower cost in this country in a manner which there is a lot of discussion about border, $1.82 for the same drug. I could that is fair to the American people. health care issues and the problems have used other countries. It would The estimates of what this will save confronting this country in health have shown the same result. are $50 billion in 10 years—$50 billion in care, one of the most significant prob- I have taken a busload of North Da- savings in this country. That is not in- lems is this dramatic march of price kotans to Canada because I live in a significant at all. increases in health care.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.036 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5929 Look, we spend more money per per- can make this a much better future if ministration being to protect the pub- son on health care than any other we invest in the research necessary. lic health by ensuring the safety and group. We spend more money than any When we find the capability and re- efficacy of pharmaceutical products, group of people in the world per capita search to address these diseases, very biologics, medical devices, cosmetics, by far, and we rank 41st in life expect- often we see that research available to and the food supply. God knows we ancy. Something is not working out pharmaceutical industry companies have been challenged over the last cou- quite so well there. One of the areas of that then market a pill or market ple of years with the food supply. these price increases in health care some medicine as a result of it. And Whether you talk about contaminated that leads the pack is the issue of pre- they do some research themselves—not peanut butter or spinach in California, scription drugs. Prescription drugs insignificant, by the way—and find op- a number of things have come into allow us to manage disease, in many portunities in their own companies as play, and I think many of us would cases keep people out of an acute care well to introduce and provide life-sav- agree the Food and Drug Administra- bed, which is very expensive. We know ing medicines. So my hat is off to all of tion has been deficient in the area of the ability to manage health care con- them. It is just that I insist on fair food safety. As a matter of fact, the ditions through the use of prescription pricing for the American people, and people now authorizing bills to dump drugs has been very helpful and has that has not been the case for a long on the FDA the responsibilities for to- been lifesaving to many Americans and time. bacco were very critical of the FDA as people around the world. We under- I am offering an amendment that is it related to their food safety over- stand that completely. going to save this country $50 billion sight, so it shouldn’t shock any of us Those who oppose the amendment I over the next 10 years. My colleague, that I think they are misguided in am proposing would say: Look, all that Senator SNOWE, and I, along with many where they have chosen to focus their will do then is shut down or at least re- other colleagues, have introduced this efforts toward regulating this industry. duce the revenue that the drug compa- piece of legislation—with more than 25 Let me add to that the former—just nies have, pharmaceutical companies colleagues now, but we have had far recently former with the change in ad- have and, therefore, they will do less more than that many in previous Con- ministration—FDA Commissioner’s research and, therefore, have less op- gresses—and we are impatient. This statements about this bill. portunity to unlock the mysteries of has been a long tortuous trail and we are impatient to get this done on be- The provisions in this bill would require these dreaded diseases and find the substantial resources, and FDA may not be very next cure for Parkinson’s, Alz- half of the American people. in a position to meet all of the activities heimer’s, or some other disease. I wanted to come today, even during within the proposed user fee levels. As a con- It is interesting to me that the costs the 30-hour postcloture period, to say sequence of this, FDA may have to divert or the amount of funds spent for mar- that when we are on the bill tomorrow, funds from its other programs, such as ad- keting and promotion by the pharma- I intend to offer this legislation and to dressing the safety of drugs and food, to ceutical industry, at least from infor- do it in a way that advantages the begin implementing this program. mation I have, exceed the amount of American consumer to be able to ac- This is not something I have schemed money they spend on research. How cess the same quality prescription up. This comes from the former Com- many people in the morning have a lit- drugs that other consumers around the missioner of the FDA, who says that tle television set somewhere near while world are accessing for similar prices. within the framework of the Kennedy they are brushing their teeth getting At the moment that is not the case. We bill, the user fee levels alone may not ready for work. The television set is are overcharged. The drugs are over- be enough for us to set up this regu- on, and there is a voice on the tele- priced. It is unfair to the American latory framework and, therefore, we vision set and a really interesting pic- consumer, and it is past time—long might have to divert funds from other ture and it is describing some awful past the time—for this Congress to do programs, such as addressing the safe- something about it. symptom that you have that you want ty of drugs and food to begin this pro- Mr. President, I yield the floor, and I to get rid of, and they are describing gram. suggest the absence of a quorum. Let me explain. To implement this the symptom and describe the 85 things The PRESIDING OFFICER. The program, it will cost $787 million a that could go wrong if you take the pill clerk will call the roll. they are pushing. Then they say: Go to The assistant legislative clerk pro- year—$787 million a year. I will pro- your doctor and ask him if the purple ceeded to call the roll. pose, along with Senator HAGAN, a sub- pill is right for you. I don’t know what Mr. BURR. Mr. President, I ask unan- stitute—that when HHS was asked to the purple pill does; I don’t know what imous consent that the order for the tell us how much they needed to abso- it is about, but the commercials are so quorum call be rescinded. lutely fund that new entity to regulate intriguing and so persuasive, you al- The PRESIDING OFFICER. Without the tobacco industry they told us they most want to go ask someone if the objection, it is so ordered. would need $100 million. So there is al- purple pill is right for you. Mr. BURR. Mr. President, as I stated ready an option on the table that al- There is so much advertising relent- earlier today, I will be back time and lows us to take user fees from the in- lessly pushing prescription medicine at time and time again to help my col- dustry to fund a $100-million-a-year consumers—who can only get it if a leagues, one, understand what bill is program to regulate the entirety of to- doctor prescribes it in the first in- being considered this week in the Sen- bacco; or we can choose to put it at the stance—how about cutting back on ate but, more importantly, the rami- FDA, where we are basically going to some of that advertising? So don’t tell fications of doing the wrong thing. do the same thing and the former FDA me that if they have to charge a price I think most Americans would agree Commissioner said the $787 million de- that is competitive with other prices that we should do everything we can to voted to user fees may not be sufficient around the world for the prescription regulate tobacco products as relates to to meet the regulatory requirements drugs they sell in the United States the youth of our country. By the same set forth in this legislation. that somehow it will injure their re- standard, I think that we have an obli- It is actually a little bit worse than search. gation as Members of the Senate to that, because the CBO stated that be- Let me say that a fair amount of the make sure we don’t in fact limit the fore the Kennedy plan can be imple- research goes on here at the Federal choice of adults who choose a tobacco mented—which is paid for by a shell Government level through the National product. I believe that you don’t limit game of requiring military service- Institutes of Health and the contracts that if you responsibly regulate the members to mandatorily participate in all across the country, and we are sub- product. I believe you do limit it if in TSP, the savings plan, the 401(k) of the stantially increasing that investment. fact to make something fit you design Federal Government—to pay for the I believe in that and I support it. I am a regulatory scheme that by default program you have to come up with $200 one of those who has pushed and limits the future options adults might million to kick the program off. You pushed because there are so many have. know, it is a catch-22. The Kennedy things that we can unlock with respect I left off earlier talking about the program can’t even be implemented to these mysterious diseases, and we core mission of the Food and Drug Ad- from the shell game of funding they

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.037 S02JNPT1 smartinez on PROD1PC64 with SENATE S5930 CONGRESSIONAL RECORD — SENATE June 2, 2009 have set up, but more importantly it is programs associated with tobacco use, Illinois. Of the CDC recommended going to cost almost eight times more mainly cessation programs. The indus- amount to go to cessation, how much than if we were to regulate tobacco in try was actually paying States to run did they spend of the recommended a separate entity under the guidance of cessation programs to get people to amount? Mr. President, 6.1 percent—6 the Secretary of Health and Human stop smoking—to stop using tobacco percent of what CDC said they ought to Services—the same person who has the products. be spending of the FSA money on pro- guidance of the FDA; the same Sec- If States spent the MSA money the grams to reduce the rate of smoking. retary. way the CDC recommended to them They used 6 percent. And 19.9 percent What we are going to propose is that every year, trust me, we wouldn’t be of the prevalence among youth in the we set up a new agency to in fact regu- here today. We would not be talking use of tobacco; 43.7 percent of alcohol; late the tobacco product, but not get it about the FDA taking over the juris- 20.3 percent of marijuana. Again, alco- confused with other core missions, diction of the regulatory responsibil- hol and marijuana are higher in youth such as the safety and efficacy of drugs ities of tobacco, because had States prevalence than tobacco usage. Six per- and biologics and devices. That would used the money that was devoted for cent of the CDC recommendation de- be a huge mistake, I believe. these cessation programs, the reduc- voted to programs to try to reduce the Let me, if I could, quote Jack tion in smoking would have been dra- use of tobacco products. Sullum’s April 2008 op-ed in Reason matic. Let me add that, according to the Massachusetts. Of the CDC rec- Magazine in talking about the Kennedy ommendation as to how much should bill. He said: CDC, smoking rates among Americans decline annually 2 to 4 percent cur- go to programs to get people to stop A consumer protection bill that reduced rently—2 to 4 percent a year. The CBO, the use of tobacco products, 15 percent; competition, raised prices, restricted choice, 85 percent devoted to something else— blocked information, and made products when looking at the Kennedy bill, esti- more hazardous could not really be counted mated that, when implemented, this building sidewalks, filling in budget as a success. The act imposes new regulatory legislation would only decrease smok- gaps—but not to reduction in the use of burdens and advertising restrictions. The ing by 2 percent annually. In other tobacco products. compliance costs and reduced competition words, doing nothing versus the Ken- But this is such a prevalent issue, we are likely to raise prices. The bill not only nedy bill, we have a trend line that are going to spend a week or longer of authorizes the prohibition of safer tobacco gets us to a 15.97 percent usage of to- the Senate’s time talking about how products in the censorship of potentially bacco products in the year 2016; under lifesaving information about relative risks; we jeopardize the gold standard of the it gives the FDA permission to make ciga- the Kennedy bill, as scored by CBO, FDA when States that have had the rettes more dangerous by ordering reduc- you would have a usage of cigarettes— funds since 1998 to reduce the problem tions in nicotine content. Such a mandate of smoking products—of 17 percent in chose to use them on something else aimed at making cigarettes less attractive 2016. That is almost a 2-percent dif- because it wasn’t a big deal. to new smokers would force current smokers ference—a 2-percent additional decline, In Massachusetts, 17.7 percent preva- to absorb higher levels of toxins and carcino- if we do nothing. And I am not here gens to obtain their usual doses of nicotine. lence in youth usage of tobacco prod- proposing that we do nothing. I am ucts; 46.2 of alcohol; 24.6 of marijuana. According to supporters, this bill, backed by here proposing we do a new regulation, the biggest tobacco company, will enable the but we don’t do it in a way that nec- Missouri. Of the CDC recommenda- FDA to protect smokers from big tobacco. tion for cessation programs, how much But who will protect smokers from the FDA? essarily jeopardizes the safety, the gold standard of the Food and Drug Admin- did they spend? They spent 3.7 percent. That doesn’t come from RICHARD istration. For 96-plus percent, they said: We are BURR or any other Member, this comes I think it is shocking in talking not going to spend this on what the from an individual who has had an op- about the MSA, the $280 billion over CDC recommended that we do to re- portunity to read the bill, something a these number of years designed to help duce tobacco consumption. We are majority of the Members in the Senate States with their health care costs and going to spend it on what we want. Mr. have not done. If Members of the Sen- with cessation programs. What have President, 23.8 percent youth preva- ate read the Kennedy bill, they would the States been doing? Let me pick a lence of tobacco usage; 44 percent for never put the jurisdiction of tobacco few of them, if I could. Of the amount alcohol; 19 percent of marijuana usage. with the FDA. They would never jeop- the CDC recommended to the State of Thank goodness marijuana usage in ardize the safety of drugs, of cosmetics, Connecticut that they spend on ces- Missouri is lower in the rate of preva- of devices and biologics. In fact, the sation programs—programs designed to lence among youth than tobacco. Kennedy bill authorizes the prohibition get people to stop using tobacco prod- Nevada. Of the CDC recommendation of safer tobacco products. ucts—how much did Connecticut of how much they devote in Nevada to Let me say that again, because I spend? It is easy, 18.9 percent of what reduce tobacco usage, 12.6 percent. And don’t think everybody realizes what I the CDC recommendation was—18.9 13.6 percent youth prevalence—they do said. The bill prohibits safer tobacco percent. I don’t know whether they a tremendous job with making sure the products and the censoring of poten- built sidewalks or highways or paved usage by youth is minimal, 13.6 per- tially lifesaving information about rel- roads or what they did with it, but cent; 37 percent for alcohol; 15.5 perative risks among tobacco products. they certainly didn’t do it to try to get cent for marijuana. But this is being sold as a public health people to quit smoking. New Hampshire. Of the CDC rec- bill. This is being sold as a bill that re- It is easy to come up here and pass duces youth access, youth usage of to- ommendation, they spent 5.7 percent something that you can turn around on programs to get people to stop bacco products. and say: Well, this should work, rather Let me tell you what we did in 1998. smoking. Nineteen percent youth prev- than to actually devote money to actu- alence for smoking; 44.8 percent youth It really wasn’t what we did. We were, ally doing something that matters. As I guess, smart enough to stay out of it. prevalence for alcohol; 22.9 percent a matter of fact, let me say that the youth prevalence for marijuana. The tobacco companies, understanding smoking prevalence among youth in that there was a tremendous health Connecticut is 21.1 percent. New Jersey. Of the CDC recommenda- cost that resulted from their products, The alcohol prevalence in youth in tion, 8.5 percent; 19.8 percent for smok- came up with a settlement with all the Connecticut is 46 percent. The use of ing prevalence in youth; 46.5 percent States. It was called the Master Settle- marijuana prevalence among youth is alcohol prevalence for youth; 19.9 per- ment Agreement—the MSA—and we 23.2 percent. The use of marijuana in cent marijuana prevalence for youth. will talk about the MSA a lot over the youth in Connecticut is 23.2 percent; Ohio. How much of the CDC rec- next few days. How much was the alcohol, it is 46 percent; of tobacco, it ommendation for programs to actually MSA? It was a guaranteed award of $280 is 21.1 percent. Why aren’t we address- reduce consumption of tobacco prod- billion over a period of time, and every ing the real problems? Alcohol usage ucts? It is 4.9 percent. Tobacco use year the companies make that pay- prevalence among youth is twice what prevalence among youth, 21.6 percent; ment to the States. These funds were tobacco is. Marijuana is 2 percent high- alcohol, 45.7 percent; marijuana, 17.7 to be used for health care costs and er than tobacco. percent.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.038 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5931 Texas. Of the CDC recommendation, death over the first 10 years and a likely re- sional, would consider this to be a wise 4.7 percent. Over 95 percent of the rec- duction of up to 90 percent within 20 years. thing, to offer the FDA additional ju- ommendation of the CDC, if you want- That is from the American Associa- risdiction. ed to reduce youth prevalence of smok- tion of Public Health Physicians. That Until they can prove that they under- ing, 95 percent went somewhere else. basically says what you are getting stand the responsibility of the FDA, Twenty-one percent prevalence in ready to do is a huge mistake. You are which is to protect the public health by youth smoking; 48 percent alcohol; and getting ready to grandfather every to- assuring the safety and efficacy and se- 19 percent in marijuana. bacco product on the market today and curity of human and veterinary drugs, This is a sampling for now 11 years you are ruling out these new products biological products, medical devices, during which they have had the fund- that might come to market in the fu- our Nation’s food supply, cosmetics, ing to do the programs. They have seen ture that would have a devastating im- and products that emit radiation, until a greater need in the States, a greater pact on the reduction of death and ill- they do that, why would we even con- need to the tune in some cases of 96- ness among the American people, sider giving them any more? plus percent that they were going to which has a direct impact on health That is a medical doctor of 25 years devote to something else because the care costs. making that statement when he voted prevalence of youth smoking wasn’t From the Royal College of Physi- against this bill in the House. that big a concern to those States. cians in Sweden: This bill is going to pass, make no il- They diverted the money. Now, all of a In Sweden, the available low-harm smoke- lusions about that. Why? Because sudden, this is such a pressing issue less products have been shown to be an ac- Members haven’t read it. If they did, even though the trendline says doing ceptable substitute for cigarettes to many there is no way they would vote for it. nothing actually reduces the use of to- smokers, while ‘‘gateway’’ progression from The truth is, this is going to be popular bacco products, of smoking, more than smokeless to smoking is relatively uncom- at home. They will go home and say: I mon. the bill that is being considered. If we gave the FDA regulation of tobacco did nothing, it would do better, but all Why is this important? You will hear products. They will not go home and of a sudden we have religion in the people say these new smokeless prod- say: We had an opportunity since 1998 Senate. ucts shouldn’t come to the market- to reduce youth usage of tobacco and Here is an opportunity to actually place because that is an opportunity our State decided not to even meet the pass something and to go home and for youth to get hooked on nicotine recommendations of the CDC, much say: Here is what we have done. Ten and then to turn to smoking. Smoke- less the others. We thought it was years ago, we promised you the FDA less product has an age limit, just like more important to build sidewalks or would have jurisdiction, and we didn’t cigarettes. As a matter of fact, I fill budget gaps than to meet these new do it. quoted the numbers on marijuana prev- targets. Now we have the answer to it What they forget is, 11 years ago, alence for youth. Marijuana is illegal. because giving it to the FDA, no child when we passed the FDA Moderniza- It does not have an age limit to it. It is will ever smoke again. Baloney. If they tion Act, we opened up the entirety of illegal. Yet, for most of the States I are under 18 today, they are finding the FDA as we redesigned how they referenced, the prevalence among some way to buy tobacco. It is illegal, functioned, and no Member of Congress youth of marijuana usage was higher but it should not surprise us when we offered an amendment to give the than that of tobacco. Where is the out- look at marijuana usage, where we FDA—11 years ago—the responsibility rage? have a product that is not age limited, for tobacco. Every Member focused, Dr. COBURN will come to the floor at it is illegal, and more youth use mari- over 21⁄2 years in crafting that legisla- some point before the end of this de- juana than use cigarettes. tion, on making sure that this mission bate. He will offer a recommendation We really have to focus on this, if, in statement, the responsibility for pro- that we give the jurisdiction to the fact, we want to make sure we don’t do tecting the public health by assuring FDA for smoking marijuana. Why? Be- the wrong thing. the safety and efficacy of drugs, de- cause smoking marijuana does more Let me, at this time, cite part of a vices, cosmetics, food safety, that we health hazard to one’s lungs than letter from Elizabeth Whelan. Dr. didn’t do anything to diminish this. smoking tobacco. I will let him make Whelan is the president of the Amer- Now, all of a sudden, 11 years later, we the case because he is a doctor and de- ican Council on Science and Health. are claiming that for 10 years we actu- serves the credibility of his profession. This letter was sent to Congressman ally wanted FDA to have jurisdiction There are 14 doctors in the 111th Con- STEVE BUYER and Congressman MIKE of tobacco, and we are willing to jeop- gress, with two of those doctors in the MCINTYRE in the House. She writes: ardize the mission of FDA on drugs, de- Senate: Dr. COBURN and Dr. BARRASSO. (H.R. 1256) will not only fail to reduce the vices, biologics, and food safety just One of the House M.D.s, MICHAEL ravages of cigarette induced disease and because we want to give them this new BURGESS, a member of the Health Sub- death—it will likely worsen it. The new reg- jurisdiction. committee of the House Committee on ulation of tobacco additives will not lower Read the bill. Actually spend the Energy and Commerce, felt compelled the toxic and carcinogenic mixture induced by the combustion and inhalation of ciga- time to sit down and read the bill. You to explain why he voted against this bill in the House, a doctor who voted rette smoke. The enhanced restrictions on will find out how we are jeopardizing lower risk tobacco products such as smoke- the future of the American people rel- against the companion bill to the Ken- less tobacco and clean nicotine which have ative to drug safety. nedy bill. He practiced medicine in been shown to assist addicted smokers in Let me quote from the American As- North Texas for 25 years and lost both quitting will condemn the over 40 million ad- sociation of Public Health Physicians parents to tobacco-related illness. He dicted smokers to the same old quit or die in its white paper on the case of harm said: pair of options. reduction. We will talk about reduced- The FDA is a beleaguered agency that can- Limit 40 million addicted smokers to risk products and harm reduction a lot not do what we currently require it to do the same old quit or die options. of over the next several days. with food and drugs. Agency officials have We are going to see, over the next From the white paper: stated the FDA is badly understaffed and un- several days, people come to the floor derfunded. Yet, with this bill, we are giving and say this is about public health, Tobacco harm reduction is taken to mean the agency an entire new group, tobacco. encouraging and enabling smokers to reduce This is hardly a logical rationale, let alone this is about reducing youth usage, their risk of tobacco-related illness and safe for the American public. Until the agen- this is about addressing the health death by switching to less hazardous smoke- cy is able to demonstrate on a consistent risks of tobacco. Yet every professional less tobacco products. In practical terms, en- basis that they have the capacity to do all who has written on this issue has said: hancement of current policies based on the we currently require them, we should not What we are getting ready to do in the premise that all tobacco products are equal give them additional responsibilities. Senate is the worst thing we could do. risk will yield only small and barely measurable reductions in tobacco-related illness That is a doctor of 25 years who is ba- It is going to make the problem worse. and death. Addition of harm reduction com- sically looking at the work of the FDA It is going to raise the cost of health ponents, however, could yield a 50 to 80 per- and saying: Nobody in their right care, not lower it. It is going to lock cent reduction in tobacco-related illness and mind, especially a medical profes- more people into choosing cigarettes

VerDate Nov 24 2008 01:43 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.040 S02JNPT1 smartinez on PROD1PC64 with SENATE S5932 CONGRESSIONAL RECORD — SENATE June 2, 2009 versus smokeless products or other nic- the difficulties and challenges of the smokers. We have seen the seductive otine products that might get them off legislation that serves as the base bill and deceptive advertisements that of cigarettes as an addiction. but am committed early on to present have targeted children, women, minori- In addition to not advancing the pub- a substitute bill that brings every bit ties, and even smokers suffering from lic health, I firmly believe this bill will as much regulatory oversight and re- tobacco-related illnesses. We have read further overburden the FDA and doom sponsibility to the tobacco industry the evidence spelling out the numerous the FDA at its core mission of safety but will allow new, less harmful prod- carcinogens added over the years to in- and efficacy of drugs and devices and ucts to come to the market that will crease consumers’ dependency on ciga- biologics and food safety. allow adults—people of legal age—to rettes. Despite overwhelming data Again, Mr. President, I plan to visit choose to use those products, if they showing the products’ destructive ef- the floor a lot, as will some of my col- choose to, and especially to use them if fects, the industry’s representatives, leagues, over the next several days as they are trying to reduce their depend- under oath, refuted well-documented we have an opportunity to continue to ency on smoking. That is the way you scientific findings about the additives talk about this bill but also to offer reduce the risk of death and disease. in their products and concealed their amendments on this bill. You reduce the cost of health care in own internal research reports. The FDA grew out of a single chem- this country. It is not necessarily by So far, the Federal Government has ist in the U.S. Department of Agri- allowing the FDA to have jurisdiction. been powerless to effectively regulate culture in 1862 to a sprawling agency If I was wrong, I would not point to the industry. The bill before us tackles today of nearly 10,000 employees com- these States that underfunded the com- this obstacle head-on and gives the prising chemists, pharmacologists, mitment needed to successfully do ces- FDA the power it has lacked in years physicians, microbiologists, veterinar- sation programs that were paid by the past to make Americans aware of to- ians, pharmacists, lawyers, and many tobacco industry and in most cases bacco’s dangers and to reduce tobacco others. Let me assure you, they are found that the prevalence of marijuana use. It is a much needed and respon- some of the most talented people we use among youth is higher than the sible approach to the epidemic of have in this country—the most dedi- prevalence of tobacco use. Marijuana is smoking addiction in this country. cated professionals—to make sure this illegal. Tobacco does have an age limi- The toll taken by tobacco use in our core mission is met every day. The tation. Nation is devastating. State data com- worst mistake we could make is to give Our belief that we can just wave a piled by the Campaign for Tobacco- them something that does not fit in magic wand, give it to a new agency, Free Kids outlines the effects in my the mission of FDA because I do not and that youth numbers are going to own State of Maryland. More than one care how much you try, you just can- go down—well, we might be lucky in seven Maryland high school students not prove that tobacco is safe and ef- enough to get them to go down, prob- smoke cigarettes, and each year 22,000 fective. It just cannot happen. ably not more than they are naturally Maryland children try cigarettes for If the effort is to get more Americans going down. I wish we were here debat- the first time. Of these, 6,600 become to make the choice of giving up the ing why the prevalence of marijuana new daily smokers each year. Although habit, then do not create a system that use—an illegal drug—is higher among the sale of cigarettes to those under 18 does not allow new products that Swe- America’s youth than tobacco is. I is illegal, 12.5 million packs of ciga- den and other countries have experi- think the country would be better rettes are smoked by children in my enced reduce the amount of usage. Cer- served if that were the debate we were State each year. It is clear that better tainly, do not fall prey to the belief having on the Senate floor and not a tools and stronger enforcement of our that if we pass this legislation we are debate about how we jeopardize the laws are needed. going to reduce drastically the use of safety and efficacy of drugs and devices The mortality data shows why we tobacco products. As a matter of fact, and cosmetics and food safety in the must be alarmed by these numbers. as CDC proved, doing nothing reduces future. More than 6,800 Marylanders die each the use of tobacco products 2 percent Mr. President, I yield the floor. year from their own smoking, and 780 more than if we pass the Kennedy bill. I suggest the absence of a quorum. nonsmokers die each year from expo- CBO estimate for the Kennedy bill; The PRESIDING OFFICER (Mr. sure to secondhand smoke. For every CDC estimate if we do nothing. KAUFMAN). The clerk will call the roll. person in Maryland who dies from If the effort is to get it right, one The assistant legislative clerk pro- smoking, approximately 20 more Mary- would suggest we are doing it wrong. If ceeded to call the roll. landers are suffering from serious the effort is to make sure we address Mr. CARDIN. Mr. President, I ask smoking-caused diseases and disabil- public health to reduce the prevalence unanimous consent that the order for ities or other tobacco-caused health of youth usage, not to limit the choice the quorum call be rescinded. problems. of adults, why in the world would you The PRESIDING OFFICER. Without The Senate will begin to consider give it to an agency, jeopardizing its objection, it is so ordered. health reform legislation this month. A core mission by prescribing to the Mr. CARDIN. Mr. President, I rise in major goal of that effort will be to re- agency an impossible task of bringing strong support of the Family Smoking duce health care costs in this Nation. new, reduced-risk products to the mar- Prevention and Tobacco Control Act. Well, the legislation on the floor today ketplace? This legislation has been a long time is a good place for us to start. Where would you create a new regu- coming, and for millions of Americans It is estimated that the annual latory body where you grandfathered affected each day by tobacco addiction health care expenditures in Maryland every product that currently contrib- and the hazards of secondhand smoke, that are directly caused by tobacco use utes to death and disease and say: If for hundreds of thousands diagnosed totals almost $2 billion, and expendi- new products are created that reduce each year with lung or throat cancer, tures from secondhand smoke exposure the risk, that reduce the harm, we are it provides potentially lifesaving pro- another $79 million. Our State’s Med- going to make it unbelievably difficult tections that are long overdue. icaid budget alone spends $476 million for you to be able to market those I wish to commend Senator KENNEDY each year to address tobacco-related products. I do not think that is what for his leadership of the HELP Com- illnesses. We can save health care costs the term ‘‘only in America’’ was meant mittee in crafting this comprehensive and save lives by passing a strong to- to portray. The insanity of what this bill. It will give the U.S. Food and bacco regulation bill and sending it to institution is getting ready to do— Drug Administration the legal author- the President for his signature. why, the American people, they must ity to regulate tobacco products, curb Perhaps the best case I can make for think we are crazy by now. If they do sales to children, and restrict mis- the passage of this bill comes from Ms. not today, they will by the time this leading tobacco advertising. Geraldine Lloyd, who lives in nearby bill passes. For many years, the Federal Govern- Frederick, MD. She is a courageous Again, Mr. President, I will be on the ment has known about the addictive woman who has asked that her story be floor frequently between now and then. nature of tobacco products and the shared with Congress so we can take I am committed to not only point out damaging effects of cigarettes on the necessary actions to protect the

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.041 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5933 American people. Geraldine started Mr. President, I want Geraldine Given that cigarettes are an smoking at the age of 15 and became a Lloyd to know we have heard her mes- unhealthy product, asking the FDA to pack-a-day smoker within the first sage and we take it to heart. It is time take actions in the interest of public year. Geraldine spent 15 years trying to to empower the Federal Government, health puts them in a very difficult po- quit smoking but was unable to do so. through the FDA, to put an end to the sition. It creates a practically unprece- Finally, Geraldine was diagnosed tobacco industry’s longstanding prac- dented regulatory conundrum for the with throat cancer. After radiation and tices and to begin to eliminate the FDA that will require them to go much 17 surgeries, she has been left speech- threat of tobacco-related illnesses that farther than the stated mission of re- less and has to breathe through a hole have taken so many American lives ducing youth smoking. in her neck. After 11 years of not smok- and harmed so many others. Another issue is the product standing, she was diagnosed with lung can- I am proud to be a cosponsor of this ards. Under the bill we are going to be cer in 2004. In her own words, this is legislation. I urge my colleagues to considering this week, not only can the her story: support it overwhelmingly. We owe it FDA take actions that reduce smoking, I was born in 1943, into generations of to our children, we owe it to our Na- but they would also have the authority smokers. Both my grandfathers were North tion, and we owe it to Geraldine Lloyd. to change what actually constitutes a Carolina tobacco farmers, and my mother’s With that, I yield the floor and sug- cigarette. I will discuss that point in father was a lobbyist for Liggett & Myers gest the absence of a quorum. more detail later, but I will state now Tobacco Company. Although they died be- The PRESIDING OFFICER. The that, unequivocally, this bill gives the fore I was born of heart disease and lung can- clerk will call the roll. FDA the authority to set standards for cer, they remained vivid symbols of my The legislative clerk proceeded to tobacco products, whether or not the roots, until four years ago, when I discovered call the roll. technology actually exists today to that my mother’s grandfather coined the Mrs. HAGAN. Mr. President, I ask meet those changing standards. term ‘‘I’d walk a mile for a Camel’’ and was unanimous consent that the order for paid royalties for the slogan until he died. It If we are, one, asking the FDA to set the quorum call be rescinded. standards in the interest of public was also the last cigarette I smoked. The PRESIDING OFFICER. Without I’m absolutely certain that I was addicted health and, two, we are giving them as a child to secondhand smoke. I was con- objection, it is so ordered. the authority to require the removal of stantly sick with chest infections and spent Mrs. HAGAN. Mr. President, I know harmful components from tobacco the best years of my life coughing and strug- we are going to have a lot to say about products—including components that gling to breathe. I loved sports, but never the pending business, the FDA tobacco are native to the tobacco leaf itself— had the lung capacity to participate because bill, over the course of the week. I have and, three, if we are allowing them to I was in a futile cycle of withdrawal. I found a number of amendments, and I know move forward with these regulations no relief until I started smoking at the age many of my colleagues also have of 15, escalating to a pack a day within a even if the technology doesn’t exist amendments they wish to offer as well. today, what do we expect the FDA to year. Those amendments and the specific do? What would any of us do if we were I didn’t try to quit until my mother died in concerns they seek to address we will 1975 from brain and lung cancer. But I in that position? This legislation puts have an opportunity to discuss when couldn’t. My father died four short years the FDA in an impossible situation. later, from cancer of the throat and the lung. we get to that stage of the process. For I will close by saying that I have They were both pack-a-day smokers. the moment, I simply want to lay out many friends in North Carolina who Witnessing what smoking had done to some of my general concerns about this are wonderful tobacco farmers. Many them, I was determined to stop. I spent the legislation. of their families have been growing to- better part of 15 years trying to quit, using This broad, sweeping legislation will bacco for generations. I am very con- every imaginable over-the-counter treat- have a devastating impact on the econ- cerned about the impact this bill will ment as a way of escape. I underwent hyp- omy in my State of North Carolina and have on their livelihood. I think that a nosis, therapy, acupuncture, patches, gum, on the lives of many of my constitu- reasonable compromise can be found on and could never remain abstinent for more ents. In my State, we have 12,000 to- than a few weeks. Each and every time I quit this bill, and I look forward to dis- and began again, the addiction became more bacco farmers. We also have over 65,000 cussing some of the ways this legisla- ruthless, leaving me less and less capable of jobs in North Carolina tied to the to- tion can be improved as we move for- coping without them. bacco industry. North Carolina gen- ward in the process. I was diagnosed with throat cancer in 1993, erates about $587 million annually in Mr. President, I suggest the absence and through the next four years I underwent farm income from tobacco. The eco- of a quorum. radiation and surgery, and sixteen subse- nomic impact of tobacco in North The PRESIDING OFFICER. The quent surgeries to save my esophagus. Carolina is $7 billion. Lengthy stays in hospitals, and the stress of clerk will call the roll. As you know, we are in the midst of The legislative clerk proceeded to breathing through a stoma (a hole in my an economic crisis, and the bill before neck), relieved me of the physical addiction. call the roll. Looking at myself in the mirror took care of us today is further going to devastate Ms. STABENOW. Mr. President, I ask the rest. our economy in North Carolina by put- unanimous consent the order for the Since then, I have been speechless, with ting thousands of people out of work quorum call be rescinded. the aid of electro-larynx, and dedicated to and exacerbating the already high level The PRESIDING OFFICER. Without helping children understand addiction to nic- of unemployment throughout the objection, it is so ordered. otine. In 2004, after a lengthy recovery, and State. Ms. STABENOW. Mr. President, I 11 years of not smoking, I was diagnosed First, we are going to hear about how rise to speak about an amendment that with another cancer, in the lung. this bill will prevent youth from tak- my friend from Kansas, Senator I’m in remission, but my life has been drastically changed. The compromised life I lived ing up smoking. I fully support that BROWNBACK, and I will be introducing while smoking was a vacation compared to goal. In fact, I know that every day at the appropriate time, to this very the life I’ve been forced to live since sur- probably about 3,500 youth across the important underlying bill that we have viving cancer. United States try their first cigarette, in front of us. I want to particularly The collective and unspeakable horror of and another thousand become regular, thank our majority leader for sup- allowing an industry to run with a free li- daily smokers. Clearly, we have to do porting this effort, given the important cense to kill is finally being heard. We rep- something to prevent youth smoking. timing of this particular legislation to resent lives of freedom and happiness robbed But the bill before us goes much fur- the economy and to those involved in from nicotine addiction due to an industry ther than that. It grants the FDA ex- our auto industry—our dealers in com- that remains unregulated, with rampant freedom to manipulate their product to suit tremely broad authority to take ac- munities across the country. I thank their greed. I have survived, but so many do tions that it considers to be in the in- him for allowing us to put this forward not. Sometimes survival is the cruelest joke terest of public health. That is an in- and hopefully have the support of col- against tobacco’s victims. The tobacco interesting standard—especially when leagues to be able to place this on this dustry has been laying down a genetic you consider that cigarettes, when bill so it can be moved to the President map of pain, suffering, sorrow, and unused as intended, are a dangerous, as quickly as possible. Timing is very conscionable human injustice for dec- unhealthy product. I know that and much of the essence on this amend- ades, and it is time for it to stop. you know that. ment.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.042 S02JNPT1 smartinez on PROD1PC64 with SENATE S5934 CONGRESSIONAL RECORD — SENATE June 2, 2009 I also thank Senators DURBIN, long everyone was hit by the global board in the economy. The average VOINOVICH, LEVIN, BROWN, MIKULSKI, credit crisis, the economy and the dealership employs 53 people, so we are LIEBERMAN, and others who are cospon- economy at large. We found an ex- talking truly about small businesses. soring the legislation we have intro- tremely difficult situation for dealers That is almost 160,000 people nation- duced, and those who are cosponsoring as well as the automakers and sup- wide, more than the combined work- this amendment as well. pliers. force of GM and Chrysler. That is how This is the Drive America Forward Obviously, there are still many chal- many people work for dealerships. This Act. It will save jobs in America. It lenges. We know that thousands of is about getting people into the dealer- will help our dealers across the coun- dealerships across the country are cur- ship, getting people back into a posi- try, both those who are going forward rently in peril. This is an opportunity tion to buy automobiles and to keep as dealers and those who, under Chrys- to immediately stimulate auto sales, those folks working and keep the econ- ler and GM bankruptcies, have been to bring people back into the dealer- omy going in communities across the told that they will have to either liq- ships, to turn in vehicles that are country. Moreover, local dealerships uidate or look for other options as worth $4,500 or less—and this is a pro- have cut spending on advertising, as business people. It will help stimulate gram where you are taking the old ve- companies have, which hurts news- the economy. This is very much a stim- hicle off the road, so we know we are papers and radio and television revenue ulus. It will save money for consumers. not talking about somebody turning in at a time when local businesses are suf- And it will also lower carbon emis- a vehicle that is worth $10,000 or $15,000 fering. We know the stories. We have sions—all of that in one amendment. for a $4,500 voucher—older vehicles, ve- heard of the ripple effect. We have We are very hopeful that we will have hicles that we know are less fuel effi- heard from those dealerships that are a strong bipartisan vote at the appro- cient, to turn those in, get them off the being given notice about closing, the priate time when this amendment road, buy a new vehicle and, at the impact of that. comes forward. same time, have the other benefits that I have said before, I grew up in one of Under the program that we are out- go with it. those dealerships. My dad and grand- lining in our amendment, consumers We know that across the country it is father, in a community of about 2,500 may trade in their older vehicles and not only the automakers about which I people in Clare, MI, had the Olds deal- receive vouchers worth up to $4,500 to- care deeply, as do others, and the great ership. We were very proud of that. One ward the purchase of a new vehicle suppliers of the industry but the deal- of the side benefits for me is I always that is more fuel efficient, a car or ers, and from sales to administrative had an automobile to drive. That made truck that is, in fact, more fuel effi- staff, to advertising outlets, to the me pretty popular among my friends, cient. local suppliers. Many dealerships are although they only let me drive the old I thank colleagues in the House who being forced to close or cut back be- ones. But the reality is, this is a part of have done terrific work on this par- cause vehicle sales are down. This will the fabric of America. When we talk ticular piece of legislation. Chairman help immediately. It couldn’t come at about my dad and grandpa’s dealership, they were the ones sponsoring the Lit- WAXMAN and Congressman MARKEY, a more important time. The Drive America Forward Act will tle League team and buying the ads in and Congressman STUPAK and Con- send buyers back to showrooms, keep the newspapers and the nonprofits that gressman DINGELL from Michigan, people working in cities and towns worked together through the Energy were doing fundraising drives and so across America. on. This bill, the Drive America For- and Commerce Committee in the con- President Obama called on us yester- ward Act, will help places such as my text of the bill that was reported out a day to pass a fleet modernization bill, dad’s and grandpa’s. That is what this couple of weeks ago from Energy and to increase demand and get buyers is all about. Commerce on energy and climate back into the showrooms. Our bill does It is going to save money for con- change. They had this provision in exactly that. Sometimes it is called sumers. The Department of Energy es- their legislation. I thank them. cash for clunkers. Sometimes it is timates that a consumer who drives a We have taken their language, work- called fleet modernization. We call it a vehicle that gets 30 miles per gallon ing with them every step of the way. good old-fashioned jobs bill. This is will save approximately $780 a year We have addressed some issues to allow Drive America Forward. That is ex- compared to a vehicle that gets 18 dealers to make sure this is operation- actly what we want to do with this miles per gallon. We are saying under ally going to work best in terms of the amendment. It will stimulate the econ- this program that if you have a car administrative side of it. We have com- omy. that gets 18 miles per gallon or less, bined those efforts into this amend- New vehicle sales are down nearly 40 you qualify. You turn it in, you can get ment. It is critical that we pass it at percent compared to last year due, in a higher mileage vehicle and get from this time. large part, to the credit crisis, to job $3,500 to $4,500. We are saving con- It goes, really almost without saying, losses, and dwindling consumer consumers money by that. when we look at what happened yester- fidence. It has affected every auto- In Michigan right now, everybody I day with General Motors, when we look maker, not only GM, Ford, and Chrys- know who is in Michigan could find a at what happened in terms of Chrys- ler, which I am very proud to have as lot of ways to use $780 more as a result ler—and we are looking for some very part of Michigan’s economy, but every of that savings. good news either by the end of this single automaker has been affected In addition to saving jobs, the pro- week or next week on Chrysler, hope- which is why other countries have re- gram will save fuel. As buyers turn in fully to come out of bankruptcy— sponded with similar plans. their older, less-efficient cars, more wouldn’t it be a wonder that, as they If we look right now, auto sales are fuel-efficient vehicles will take their do, we have in place an incentive pro- down 40 percent from last year. If we place, and the fuel savings could exceed gram for purchasing new vehicles, look at January to May of this year 1 billion gallons per year. turning in older vehicles and pur- and January to May of last year, there Finally, the bill helps lower carbon chasing new ones? is a 40-percent reduction. Imagine a emissions. If the program removes 10 We will get people back into these dealer, an automaker or supplier try- percent of the V–8 engines from the dealerships. We will be able to help ing to keep the doors open and 40 per- road, carbon dioxide emissions will be communities across the country, cent of their business is down. GM is reduced by tens of millions of metric neighborhoods, large and small, where down 41.8 percent; Toyota, 39 percent; tons annually. It can take up to 20 the local dealership is, where, because Ford, 36.8 percent; Chrysler, 46.3 per- years to replace most cars on the road of the economy, because of the lack of cent; Honda, 34.4 percent. We could today with new, more efficient cars. financing for too long—and we appre- keep right on going across the board as That could take longer because of the ciate President Obama and the auto we look at auto companies and what is economic downturn. People are waiting team in helping create the financing happening. This would be available to to buy a new car. Automotive pur- mechanisms for people to finance the all the dealers, all the auto companies. chases are way down, about 40 percent. purchasing of a vehicle and for dealers At this point, we want to make sure This will turn that around. This will to finance their floor plans—for too we are providing stimulus across the help incentivize turning that around.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.044 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5935 The oldest cars on the road are also needs, supporting the industries as There is another point, and I think it the ones that pollute the most. The they go through the bankruptcy proc- is an important one to make. It is dirtiest 10 percent of the cars account ess or this incentive. I thank them for often very difficult to find ways to sup- for more than 50 percent of the smog their support in doing that. port manufacturing without breaking and carbon monoxide. The dirtiest one- I also, once again, thank my friend international trade rules because we third of the fleet accounts for more from Kansas who has been a stalwart have a number of international trade than 80 percent of the pollution. The on this issue. We have had a true part- rules that restrict what governments dirtiest one-third of the automobiles nership on this which I appreciate very can do to help a particular industry. account for 80 percent of the pollution. much. I very much appreciate that As to the World Trade Organization, I talk about these issues because they both of us are leading this effort, as this is a legal and consistent way for us are very important. I also go back to well as other colleagues on both sides to help automobile manufacturing the beginning. This is about a stim- of the aisle who are cosponsoring this without breaking any trade rules. That ulus. This is a terrific thing, that we amendment. is important because we cannot be get- are adding cost savings and fuel econ- I yield the floor. ting into some sort of trade sanc- omy savings and getting rid of carbon The PRESIDING OFFICER. The Sen- tioning or there being offsets to it. pollution. This is all very good. There ator from Kansas. This one is consistent with that. Mr. BROWNBACK. Mr. President, I will be others who talk about other Another thing I think is very impor- am delighted to join my colleague from ways to do this that would have more tant—and my colleague from Michigan Michigan in support of this bill. This is savings on that end. Unfortunately, it was very good to talk about this—this the right way forward. She has out- would sacrifice our ability to help the is a balanced approach that helps the lined most of the provisions, and I will auto industry. environment, helps the economy, and Right now what we have is the abil- add a few points, if I may. It is a humbling time for auto manu- helps our energy sector as well with us ity to do both. It is critically impor- facturers globally. She went through being more efficient with energy. tant that whatever we do, we make I think as we move forward with con- the figures for all auto manufacturers, cerns about CO , concerns about the sure our American automakers can and there has been a huge falloff in the 2 environment, concerns about the econ- benefit. We have to make sure we are market. As the global credit crisis has not putting in place something where impacted the world, maybe the indus- omy, concerns about domestic energy the fuel efficiency standards, the goals try hit the most has been automobile production and the need for domestic are so high or written in a way that manufacturing on a global basis. We energy production, we have to balance creates an incentive for foreign auto- saw the numbers in the United States. the three Es: energy, the environment, makers, while curbing those folks right One of the ways other countries have and the economy. This bill does that. now who need our help the most. responded is with what they call So here you are stimulating the econ- This is a balanced bill. This gives us scrappage programs. We have heard it omy, reducing your energy demand, the ability to benefit from increased referred to in different terms but sev- and improving your environment—all fuel efficiency. It gives us the ability eral countries have looked at doing a at the same time. to deal with cost, to deal with carbon type of scrappage program. It has been And this bill—and this, to me, as a pollution. But it does so in a way that, very successful. I was looking at the fiscal conservative, is the key point— at the end of the day, treats American numbers. In March, Germany, France, also uses funds that have already been automakers fairly and gives them the and China saw increases in car sales— appropriated. There is no new money opportunity fully to participate, so the all three did scrappage programs—of 40 on this bill. These funds have been ap- Chrysler dealers we have been hearing percent, 8 percent, and 8 percent, re- propriated. They are going to be repro- from, the GM dealers, as well as the spectively. grammed. I believe they will be repro- great Ford Motor Company will be able During the same period of time, the grammed. We are being told by the to benefit as much as the other compa- United States and the United Kingdom Obama administration that if this nies. That is what this does. That is did not have scrappage programs, and passes, this will be implemented with why there has been a tremendous effort we saw declines in car sales of 37 per- reprogrammed funds. So those funds— put into this. It doesn’t seem like it cent here and 30 percent in Great Brit- having already been approved by the would take that much to put this to- ain. That is the difference these pro- Congress—would be used in a more ef- gether, but in order to make sure we grams are making on a global basis be- fective way for a consumer-driven eco- are complying with our trade laws, so cause the credit crisis has hit this in- nomic stimulus that helps the local we were allowing any company to par- dustry the most. A lot of things one dealerships, that helps the car manu- ticipate under our trade laws but mak- has to buy on a regular basis. We have facturers, that helps the environment, ing sure we were being fair to our own to buy gasoline, food, shoes for the that helps our energy dependency in a companies that have been here and cre- kids. But often, for a lot of people, they very positive way. ated the middle class of this country look at their car or pickup, and they It has worked around the world. It and are going through so much right say: I am not sure what is going to will work in the United States. It will now, every single line has been re- take place. I will hold off on this one. get people such as my brother back in viewed and discussed and reviewed So they hold off and the sales tank. the showroom, I hope. I am certainly again. That is what has taken place. People going to push him to do that, as all of The House did terrific work, putting say: I am not sure what is going to us will. We have seen an unprecedented together language that is fair for ev- take place; therefore, I am going to falloff in car sales. It helps in a State erybody. That is what this bill is all hold off. such as mine where there are a lot of about. I have a brother who is a veteri- work trucks being used. This voucher In the context of talking about all narian who was saying to me the other program is targeted for use and utility the hard work, I thank my key staff day—he has an old pickup in his busi- by businesses that use trucks, and they person, Colleen Briggs, who has lived ness. He is doing just fine in his busi- can use that on this one as well. It and breathed this issue for several ness. He said: I am just going to wait a works, and it helps out there. months. I told her I would name this while. I said: No. This is the time we For all those reasons, I urge my col- after her, at least in my office, because need you in the marketplace. This gets leagues to support this bill. It is bal- there has been so much work that has him back to the marketplace. It has anced. We have worked a long time on had to go into this effort. I thank her been proven effective in other coun- it. for her hard work. I thank also the tries to get people back in the market- Senator STABENOW recognized her White House auto task force that has place. It has worked in other places. staff member. I have had Landon been so committed to doing whatever We now see that the United Kingdom— Fulmer in my office working for some we can to support jobs here, manufac- that did not do the scrappage pro- period of time on this issue to get it to turing jobs, auto jobs, and every way gram—has enacted their own scrappage where it would work. It would be sim- we can to incentivize, whether it is program. That is another reason why I ple, it would be direct, it would hit, being able to get the financing one think we should do that one here. and it would hit quickly. He has

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.045 S02JNPT1 smartinez on PROD1PC64 with SENATE S5936 CONGRESSIONAL RECORD — SENATE June 2, 2009 worked to do that, as her staff has. I require tobacco manufacturers to dic- rollment, which is the preference of the think we have got a good product here, tate production methods to farmers. It Navy, Air Force, and Marine Corps, I dis- and it is not any new appropriated would also require the development of agree with placing the onus on the Service money. a new, unnecessary regulatory process Secretaries to ‘‘opt-out’’ of automatic enrollment. I would say particularly to my col- at the FDA to set pesticide residue tol- leagues on my side that I am very con- erances. This would duplicate a process My recommendation is that the language should be written to reflect that the Service cerned about where our deficit and debt that already exists at the Environ- Secretaries must ‘‘opt-in’’ if they desire to is going. This is no new appropriated mental Protection Agency. It makes no make enrollment in TSP automatic for Serv- money to do this, which I think is key. sense to pile these new responsibilities ice members. For those reasons, I urge the backing onto the FDA since the agency is bare- Thank you for your concern regarding the of this bill. ly able to keep up with its present du- financial well being of our Service members. Mr. President, I yield the floor and ties. I am sure you will agree with me that finan- suggest the absence of a quorum. Oddly, under this bill, the FDA—an cial education by our senior leaders is para- The PRESIDING OFFICER. The agency that is designed with ensuring mount, and I have every confidence in their clerk will call the roll. the safety of drugs—would be given abilities. The assistant legislative clerk pro- regulatory authority over an inher- Sincerely, ceeded to call the roll. ently dangerous product. M. G. MULLEN, Mr. CHAMBLISS. Mr. President, I Again, cigarettes will kill you. We Admiral, U.S. Navy. ask unanimous consent that the order have known that for decades. Even if Mr. CHAMBLISS. Mr. President, we for the quorum call be rescinded. the FDA managed to cut smoking-re- may not like smoking, and we should The PRESIDING OFFICER. Without lated deaths in half, it would still be do everything we can to keep ciga- objection, it is so ordered. vested with regulating a product that rettes away from children. But adults Mr. CHAMBLISS. Mr. President, I kills 200,000 people each year. in this country have a choice, and rise today to discuss the Family Smok- The American Association of Public many of them, aware of the inherent ing Prevention and Tobacco Control Health Physicians has said that even if dangers, still choose to smoke. Spend- Act. the FDA has the authority to remove ing billions of taxpayer dollars on an Let me be clear from the outset. some harmful ingredients in cigarettes, ineffective program to convince them Thanks to public information cam- changing the chemical nature of to- otherwise, while regulating our farm- paigns that have been waged for dec- bacco itself or lowering nicotine levels ers out of business, and taking away ades, the 45 million Americans who will not measurably reduce tobacco-re- more of our troops’ paychecks, is not smoke already know that cigarettes lated illness and death. good policy. It is more shortsighted are dangerous. If you smoke, chances This bill is slated to spend $5.4 billion government. are you could die from smoking. taxpayer dollars to provide even more With that, Mr. President, I yield the This legislation does little, if any- Federal regulation which will have no floor and suggest the absence of a thing, to change that. The proponents real effect. About a quarter of that quorum. of the bill say it is public health legis- money will be raised off the backs of The PRESIDING OFFICER. The lation that will lower the cost of med- our men and women in uniform, who clerk will call the roll. ical care. That is a very noble goal. Ev- will be forced into a mandatory thrift eryone is in favor of saving lives and savings plan program to pay for yet an- The bill clerk proceeded to call the bringing down health care costs. other Government program that sim- roll. But this bill will not accomplish ply does not work. Mr. COBURN. Madam President, I that. Instead, it engages in overregula- This legislation mandates TSP par- ask unanimous consent that the order tion with no practical effect on smok- ticipation for new Government and for the quorum call be rescinded. ing rates. The Congressional Budget military personnel. This may sound The PRESIDING OFFICER (Mrs. Office says it would only result in a 2- good in theory, but even with an opt- SHAHEEN). Without objection, it is so percent reduction in smoking rates out provision—which the legislation ordered. over 10 years and would have a mini- does call for—it is bad policy for our Mr. COBURN. Madam President, I mal impact on health care savings. soldiers, our sailors, our airmen, and wish to speak for a few minutes on the Meanwhile, according to the Centers marines, who, at junior ranks, frankly, bill we are proceeding toward and to for Disease Control and Prevention, earn very little money and are often ask a few questions of the American smoking rates are already declining an under 20 years of age. That is why the public. average of 2 to 4 percent over that Chairman of the Joint Chiefs of Staff same period of time. So according to opposes this provision and says if you We have a bill that is going to regu- the CDC, if we do nothing, we will still are going to have any revenue-raising late tobacco, and I am OK with us reg- have a decline in smoking rates equal money, it should be an opt-in provision ulating tobacco. I do not have any to or greater than what CBO says this with respect to TSP for our military problems with it. I think we should do bill will do. men and women. it. What we should be doing is banning The goal of any Federal tobacco reg- Mr. President, I ask unanimous con- tobacco. Nobody up here has the cour- ulation should be to keep children from sent that the letter from Admiral age to do that. It is a big business. smoking or using tobacco products and Mullen, Chairman of the Joint Chiefs There are millions of Americans who to help adult users stop or, at a very of Staff, be printed in the RECORD. are addicted to nicotine. And even if minimum, to use a less harmful prod- There being no objection, the mate- they are not addicted to the nicotine, uct. But the bill does just the opposite. rial was ordered to be printed in the they are addicted to the habit. If this bill passes, cigarette manufac- RECORD, as follows: But we have a bill, we are trying to turers such as Philip Morris and Rey- CHAIRMAN OF THE JOINT CHIEFS do something positive, and we find our- nolds America will be prevented from OF STAFF selves constrained by our own short- using the terms ‘‘light’’ and ‘‘low tar.’’ Washington, DC, May 29, 2009. sighted vision. We have an agency Hon. JOHN MCCAIN, That means their cigarettes will still Ranking Member, Committee on Armed Services, called the Food and Drug Administra- be on the market but under different U.S. Senate, Washington, DC. tion. I have had a lot of experience names, not leading to fewer smokers, DEAR SENATOR MCCAIN: Thank you for with them. I manufactured medical de- but leading to consumer confusion. your letter of concern regarding H.R. 1256, vices in the 1970s and had several inves- Just as bad is the overregulation the Family Smoking Prevention and To- tigational new drug permits under that this bill will put on the already bacco Control Act. them. I know the rigors under which beleaguered tobacco farmer, in effect, I have reviewed the legislative language INDs are managed and the care that is and the Services’ views on the pending legis- helping put those who are left out of lation. I disagree with the language con- put forth by the employees of the Food business. It would allow the FDA to tained in H.R. 1256, Division B, Title I, Sec- and Drug Administration, as well as enter just about any tobacco farm in tion 102(a)(2)(E)(ii). While this language al- their advisory councils, as we go the country. And it would indirectly lows for Services to suspend automatic en- through that.

VerDate Nov 24 2008 23:43 Jun 02, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.046 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5937 But if we go back and look at the So why wouldn’t we go another way? not products that are good for Ameri- charge of what the Food and Drug Ad- We have the Department of Health and cans—or let’s put it into a separate ministration is, the Food and Drug Ad- Human Services, of which FDA is a agency where we can see it trans- ministration is about safety and effi- part. Why wouldn’t we create a smaller parently and clearly. cacy—‘‘safety,’’ meaning they are re- agency that is just about tobacco, just I wish to make one other point. In- sponsible to make the judgment that if about regulating tobacco, so that we side this bill is the banning of any new we are going to approve this medicine can see clearly—and we can also do it, nicotine products. I wish to tell my or this device that is within an accept- by the way, for about a fourth of the colleagues that is totally shortsighted. able risk—there is always going to be cost of what it is going to cost to do it If you are a smoker today and we could down sides to anything they approve, under the FDA. So for one-fourth of get you off of smoking even though we but within an acceptable risk, in total, the cost, we can create a new agency still give you nicotine and we can do it is going to be better for the country. within HHS that will be solely focused that through a new product, such as a In this bill, we allow existing tobacco on this and this only, that will have dissolvable flavored lozenge, where we products not ever to be eliminated. So one primary objective, and we will supply the nicotine addiction to your we are going to take products that we force and guide and direct and measure body but you are no longer creating know are not safe and we know are not whether they are accomplishing their lung disease, chronic obstructive pul- efficacious and we are going to apply purpose. Instead, we are going to hide monary disease, bolus emphysema, or the resources of an agency that is hav- it in another agency that is struggling increasing your chances for heart dis- ing trouble meeting its demands right today. ease and hypertension, markedly in- now, as well as meeting the demands of We are at $400 million to get a new creasing your chances for lung cancer, food safety right now, and we are going drug through the FDA right now. That if we could convert that to something to take resources and put them there. is the cost of processing. That doesn’t that would satisfy the demand yet The first problem with that is we even talk about the research costs, but wouldn’t harm the rest of your body— send a totally mixed message to the the new drug. That is just the cost to we ban that in this bill. We stop all Food and Drug Administration: Your get it through the trials and get it positive movement through commer- job is no longer about safety and effi- through the FDA. We have all of these cial products to create a nicotine cacy; your job now is to warn every- drugs today that aren’t approved, that source that is other than chewing to- body about the downside of tobacco. could be saving people’s lives, because bacco or cigarettes or cigars. We know that. What we have to do is we can’t get it through the FDA. And So why would we want to do that, es- stop new addiction. We know that. If now, what are we going to place on the pecially if, in fact, we could take these we really want to make a difference in FDA? We are going to place the regula- millions of smokers today who, most of health and we want to eliminate de- tion of tobacco on the FDA. them, their habit is—there are two ad- pendence on tobacco, what we have to Tobacco is not safe. In no way is it dictions they have. One is the nicotine do is to stop the addiction. We have efficacious for any individual. Yet we craving that actually hits at the inter- had all of these lawsuits through the are going to put a segment within the cellular level. It is called a nicotinergic years where billions of dollars have FDA and say: Run it the way you are interface in terms of receptors on cer- gone into attorneys’ coffers, and about running the rest of the business. It tain parts of the body. If we could do 40 percent of it has gone into, sup- makes absolutely no sense to me. It that in a way that would allow us to posedly, stop-tobacco-use programs, doesn’t mean that the goal behind this put nicotine in there to solve it but not and we are going to say to the Food legislation isn’t a good goal. It is. It is cause all of the other disease, why and Drug Administration: Your job is a good goal, but how we are doing it would we say with this piece of legisla- about safety and efficacy, making sure and where we put the control of this is tion that we are never going to let that that what it says it does, it does, and totally counterintuitive. happen? Yet we are. I don’t understand we are going to turn them into a dif- I think if you would ask anybody in it. We could do that in a way where ferent kind of agency. I believe that is America, you want the people who are that could be highly restricted to only where this bill is misdirected. approving the drugs that are good for people who had a prescription, where We ought to have an agency that you to also control—why don’t we put they were already nicotine addicted. does control tobacco, that does heavily alcohol under them? Why don’t we put So there are things we are missing in regulate its advertising in terms of the the DEA under them, under the FDA? here from a general health standpoint warnings on the packages, in terms of If, in fact, we want a controlling agen- that are going to be very harmful be- limiting what young people can get to, cy, then let’s move it to the DEA—the cause what we are saying is: You can so we can actually stop this trend to- Drug Enforcement Agency—or Alcohol, use the nicotine patch, you can take ward addiction. But to do it in the Tobacco and Firearms, right? Why some of the new drugs that work in the Food and Drug Administration sends a don’t we put it in ATF? We already brain to relieve the nicotine addiction, mixed message: No longer is our job ef- have other agencies. But to put it in but rather than supply something in a ficacy, no longer is our job safety; our the FDA, when the total goal of the harmless way that has no other ill job is to control advertising, we are FDA is to approve new products for our health effects—I don’t understand why going to control packaging, we are benefit, our safety, and to cure health we would not do that. going to control and have them report needs—tobacco creates health needs; it So I would appreciate my colleagues to us on the contents of all of these doesn’t cure them. The only thing I considering my comments. I believe thousands of bad products that are as- know that it cures is if you get a wasp the FDA is the last place we ought to sociated with tobacco, that are in to- or a red hornet sting and you take put this. I think we ought to do it. We bacco—not just nicotine and not just some chewing tobacco and put it on the ought to change some of the things on the effects of the tobacco, whether it sting, it takes the pain away. I experi- how we are going to do it. We ought to be inhaled or chewed or sucked on. The enced that a lot as a young boy. My create a capability to have nicotine fact is, we are going to change the di- grand dad would pull it out and put supplied other than through chewing rection of the agency. that plug right there, and the pain tobacco or cigars or cigarettes so that So what should we do? We should reg- would go away very quickly. That is we can take the effects of it that we ulate tobacco. We should set up a way the only efficacious thing I know about know are very harmful today and less- for us to do that which will effectively tobacco. en them for the citizens who are ad- stop new addiction, especially among So I would just ask my colleagues to dicted to nicotine. young people because that is where it think again about what we are doing. My hope is that we wake up before starts. It starts with the young, and Let’s do the intent of the bill, but let’s we pass this bill because what we are there are certain personality types as do it in a way that makes sense, that really going to do is we are kind of well as certain genotypes that, even doesn’t send a cross signal, and either shooting ourselves in the foot. If we with some of the medicines we have put it into one of the other organiza- really want to stop and help those peo- today, cannot wean themselves from tions we already have that is handling ple who are already addicted and really the addiction to nicotine. products that are bad for Americans— want to prevent new addictions, then

VerDate Nov 24 2008 00:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.047 S02JNPT1 smartinez on PROD1PC64 with SENATE S5938 CONGRESSIONAL RECORD — SENATE June 2, 2009 we have to allow for some of these new wonderful public servants, and I asked uted to smoking per year, and it costs products, and we ought to do it at an whether any of the members of our the Oregon Medicaid Program nearly agency that doesn’t have purposes committee had asked the tobacco ex- $287 million per year. Nationwide, $96 counter to what the charge of that ecutives if they thought nicotine was billion in health care costs are directly agency is. addictive. The staff all told me nobody attributed to smoking. This includes With that, I yield the floor to my had. They said: You ought to ask them. $24.7 billion in smoking-caused Medi- friend from Oregon. I also thank him I wish to take a minute to lay out that care expenditures. for being so kind to allow me to go historical record of what happened. There are enormous financial costs first. I asked each one of the tobacco ex- specifically associated with people at The PRESIDING OFFICER. The Sen- ecutives that day back in April of 1994 an early age getting addicted to to- ator from Oregon. whether they thought nicotine was ad- bacco use. Then, of course, there is the Mr. WYDEN. Madam President, be- dictive. The president of Philip Morris extraordinary loss of life that comes fore he leaves the floor, let me tell the spoke first and said: about as a result of tobacco. According distinguished Senator from Oklahoma I believe nicotine is not addictive, Yes. to the Centers for Disease Control, in that I very much appreciate working Then the chairman and CEO of Rey- the United States, over 400,000 deaths with him on health care legislation. We nolds Tobacco Company spoke and each year are directly attributable to did it in the House, and we are going to said: tobacco use. The FDA has given the au- do it again. I think this time the Sen- Mr. Congressman, cigarettes and nicotine thority to regulate food and prescrip- ate is going to make history and have clearly do not meet the classic definition of tion drugs, and it certainly makes comprehensive health reform, and I addiction. There is no intoxication. sense that the FDA regulates tobacco, look forward to working with my col- Then the president of U.S. Tobacco which is responsible for the death of league on it. spoke. He said: over 400,000 Americans per year. I come here today to express my I don’t believe that nicotine or our prod- The Senate, because of the leadership strong support for the Family Smoking ucts are addictive. of Senator KENNEDY, has the unique op- Prevention and Tobacco Control Act. The chairman and CEO of Lorillard portunity to reduce the financial and The lead sponsor of this legislation is, said: human toll of tobacco. I wished to re- of course, Senator KENNEDY. I say ‘‘of I believe that nicotine is not addictive. count, briefly, that hearing in 1994, be- course’’ because the fact is, for four cause ever since that time, when the decades Senator KENNEDY, often The chairman and CEO of the Liggett Group said: tobacco executives said under oath against great odds, has consistently that nicotine wasn’t addictive, I have I believe nicotine is not addictive. come back again and again to lead the wished to be part of an effort to hold fight to improve health care for the The chairman and CEO of Brown & the tobacco companies accountable people of our country. Sometimes it Williamson said: when they mislead the American peo- was for children. Sometimes it was for I believe nicotine is not addictive. ple. As a result of the outstanding lead- seniors. Sometimes it was for the dis- Finally, the president and CEO of ership of Chairman KENNEDY, it is pos- abled. Sometimes it was for those who American Tobacco said: sible for the Senate to finally hold have suffered mental illness. I could go I, too, believe that nicotine is not addict- these companies accountable by pass- on and on, and we would be here until ive. ing this legislation. I hope that Sen- breakfast time if I were to try to I made a vow after I had asked that ators on both sides of the aisle will join itemize all of the major pieces of question that during the time I would me and Chairman KENNEDY in sup- health reform legislation Senator KEN- have the honor of serving in the House porting this long overdue bill. NEDY has authored over the last four and later the Senate, to make an effort I yield the floor and suggest the ab- decades. It is very appropriate that he to do everything I could to hold to- sence of a quorum. is the lead sponsor of this legislation. bacco companies and other companies The PRESIDING OFFICER. The The fact is, after Congress passes this that mislead the American people ac- clerk will call the roll. important bill and takes steps to im- countable. Today, we are able to do The bill clerk proceeded to call the prove public health, we will be very that because of the outstanding leader- roll. fortunate that Senator KENNEDY is ship of Chairman KENNEDY. He is giv- Mr. DURBIN. Madam President, I ask going to lead the Senate once more on ing us the opportunity to hold account- unanimous consent that the order for comprehensive health reform. I wish to able the tobacco companies that mis- the quorum call be rescinded. make clear as a member of the Senate lead the public with respect to their The PRESIDING OFFICER. Without Finance Committee that I am very marketing practices and with respect objection, it is so ordered. much looking forward to Senator KEN- to advertising. The Kennedy legislation Mr. DURBIN. Madam President, this NEDY’s involvement in this issue and is, in my view, very much needed to week the Senate takes up a bill that is his championing of the cause of fixing protect the public health—particularly long overdue. It is a historic oppor- American health care. He has been the the health of our young people—be- tunity for us to finally protect our leader on this issue for four decades. cause it will give us the authority to children in this country from tobacco I come to this topic with I think a hold the tobacco companies account- addiction. I didn’t realize, when I was personal perspective that also affects able for their actions. elected to the House of Representa- my role as a policymaker. In 1994, when This is also relevant to the next tives, in 1982, that the issue of tobacco I was a Member of the House, I served major health bill that we will be deal- would be a major part of my congres- on the Health and Environment Sub- ing with in the Senate which will take sional activity. My family, similar to committee. It was chaired by HENRY the form of comprehensive health re- virtually every family in America, has WAXMAN, a great champion of trying to form—health reform that ensures all been touched with tobacco death. My protect children against the dangers of Americans have good, quality, afford- father died when he was 53 years old of tobacco. Chairman WAXMAN had the able coverage and, particularly, does so lung cancer. I was 14 years old. He CEOs of major tobacco companies be- in a way that holds costs down. smoked two packs of Camels a day fore his subcommittee. He put all of I, gratefully, had a chance to meet back in the 1950s, when even doctors the CEOs under oath, and as expected, with the President today at the White were saying in magazines how safe it Chairman WAXMAN did a tremendous House. The President, who has clearly was to smoke. His cough was a sound I job in terms of laying out the case for signaled this will be a top priority for will carry to the grave in my memory. public health. In fact, he was so effec- him, has now sent the message that When I hear that smoker’s cough, I can tive, that by the time it came to my history, to a great extent, is going to pick it out of a crowd. As a kid, I heard turn, I was hard-pressed to find a ques- judge us on our ability to hold down it over and over, night after night, day tion he hadn’t already asked the to- runaway health costs and cut costs for after day, until he passed away on No- bacco CEOs. Just as I was thinking American families. vember 13, 1959. That is my story on to- about packing up, I turned to some of In my home State alone, $1.1 billion bacco. Every family in America has a Chairman WAXMAN’s staff, who are in health care costs are directly attrib- story to tell.

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To- not a drug; therefore, we are exempt. ing it in the Senate. The two of us bacco companies track youth behavior That specious argument continues managed to make this the law of the and preferences and use marketing until this day, when we are finally fac- land. I don’t want to take too much themes that resonate with kids. ing reality. Tobacco is, in fact, a car- credit, but once people started think- The list goes on and on and clearly rier of a drug—nicotine—which is ad- ing: If secondhand smoke is unsafe in demonstrates that this industry cannot dictive. That addiction is what leads to an airplane, why is it safe in a train or be trusted to do the right thing. That more smoking, more tobacco exposure, in a bus or in an office or in a school or is why we need the bill that is on the and more death. in a hospital or in a hallway? Pretty floor of the Senate. The Family Smoking Prevention and soon, the dominoes started falling The tobacco industry has a long and Tobacco Control Act is a strong bill across America. Laws were passed— disturbing history of marketing its that will protect the public health and local, State, and Federal laws—which products to kids and young people. The reduce tobacco use, especially among have made smoking the exception in financial reasons are obvious. Ninety kids. closed quarters and have changed the percent of adult smokers began smok- Forty-three million American adults way we look at smoking today, from ing cigarettes when they were teen- currently smoke. That is one in five. the time just 15 or 16 years ago, when agers or younger. Ninety percent of them started smok- it was considered to be the normal In the 1980s, R.J. Reynolds was looking in their teenage years, before they thing to do and objecting to it was con- ing for a way to revitalize its Camel were adults. You wonder why. Well, I sidered out of normal. brand, which was primarily popular remember, when I was a kid, the first That has changed, but still there is a with older smokers. To increase Cam- time my cousin, Mike Peterson, and I lot to do. The tobacco industry hasn’t el’s appeal to younger smokers, it cre- decided to sneak out behind the garage stopped. They are still selling and mar- ated the Joe Camel cartoon character. with cigarettes and try them out. It keting their product. As they do, more Joe Camel became as recognizable as was an adventure. We were being like and more people become addicted, get Mickey Mouse with a lot of kids—just the grownups whom we wanted to be sick, and many of them die. Tobacco what the folks who made Camel ciga- like someday. Luckily, for me, I companies, it was found in 2006 by rettes wanted. While Joe Camel is no stopped. Mike didn’t. Mike passed away Judge Kessler in the U.S. Court of Ap- longer around, the problem of mar- 10 days ago. He was a year younger peals in the District of Columbia, keting to young people still remains. than I, but, unfortunately, the ravages issued a final opinion finding that the Tobacco companies doubled their of tobacco and the addiction lead to tobacco companies had engaged in a marketing expenses between 1998 and cancer, COPD, and ultimately cost him decades-long scheme to deceive and de- 2005. They now spend over $13 billion a his life at the age of 63. That happens fraud the American public. year on marketing. They claim they a lot. Some kids quit, some kids don’t Last month, a three-judge panel of don’t market to kids, but just look at quit; those who don’t quit get addicted. the U.S. Court of Appeals for the Dis- this ad. How about this one: Great Their addiction can lead to death, as it trict of Columbia issued a unanimous Camel cigarettes. They are offering a did for my cousin and childhood friend, opinion upholding Judge Kessler’s find- back-to-school special. That certainly Michael Peterson. ing of liability. Let’s review some of is marketing to kids. We know as par- Every day in the United States more Judge Kessler’s findings. He found the ents and adults exactly what they are than 3,500 kids try smoking for the tobacco industry falsely denied, dis- trying to do. This picture was taken first time. A thousand of them become torted, and minimized the significant from a shop in Camden Wyoming, DE. regular daily smokers. adverse health consequences of smok- They knew what they were trying to In Illinois, almost 20 percent of the ing for decades. The tobacco companies do—lure these kids into tobacco at an kids smoke, and together they con- were aware that smoking and nicotine early age—and their advertising did its sume about 34 million packs of ciga- are addictive, but they publicly denied best to draw them in. These companies rettes a year. We know tobacco is the it. are not going to waste a penny adver- largest preventable cause of death in Just 15 years ago, the CEOs from tising on groups they don’t think they America. For the longest time, the to- seven major tobacco companies stood can win over. So they go after the kids. bacco lobby held Congress in the grip before a committee of the House of This bill recognizes the importance of its hands. It would not allow the Representatives, raised their hands, of curbing marketing to kids. It would passage of any significant legislation. and swore under oath that nicotine was empower the Food and Drug Adminis- It was too powerful. not addictive. That was the death knell tration for the first time to establish We knew their power meant they of their credibility. People knew bet- reasonable marketing restrictions that would be able to continue to sell their ter. I knew better. My dad died from adhere to our first amendment guaran- products, leading to devastating re- lung cancer. He couldn’t stop smoking. tees under the Constitution. For exam- sults. A few years back, I decided to My friend Mike Peterson died of COPD. ple, the bill bans outdoor advertising take them on. It wasn’t to get even for He smoked a cigarette the night before near schools and playgrounds, pro- my own family circumstance, but I he died. He just couldn’t stop. It is a hibits colorful and alluring images thought there was an unfair and unjust terrible addiction. used to appeal to young people. It lim- situation. It resulted in a change in the The tobacco industry falsely denied its ads to only black-and-white text in law, which changed a lot of things in that they can and do control the level newspapers and magazines with signifi- this country. Mine was the first bill to of nicotine delivered in order to create cant teen readership. It ends incentives pass the ban smoking on airplanes. At and sustain addiction. They knew they to buy cigarettes by prohibiting free the time, it was considered a fool’s er- were piling that chemical into their giveaways with the purchase of tobacco rand to try to defeat the tobacco lobby. product, and they knew that as long as products. Remember all the stuff they When I offered the bill in the House of they could, they had you hooked and it used to peddle in the name of ciga- Representatives, it was opposed by the would be darn tough to quit. rettes? Backpacks and caps—you name leadership on both sides of the aisle, Tobacco companies falsely marketed it. That kind of stuff is going to end. It Democrats and Republicans. Somehow so-called light and low-tar cigarettes. gives the FDA the authority to respond or another, through faith and good They turned out to be just as harmful to the inevitable innovative attempts luck and the help of people such as as the others. by tobacco companies to get around former Senator and Congressman From the 1950s to the present day, to- these restrictions. It strengthens re- Claude Pepper of Florida, I was able to bacco companies have intentionally strictions on youth access to tobacco

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In addition to restricting marketing that are in their products—only to- This is something we introduced 20 and youth access, the bill lifts the bacco companies, and that is going to years ago to finally change these warn- shroud of secrecy the tobacco industry end with this bill. This bill gives the ing labels. Congressman HENRY WAX- has used to hide the contents of its Food and Drug Administration the au- MAN has been a great champion and ad- products for decades. For virtually all thority to set standards to reduce vocate on this subject. We just could other consumer products, manufactur- these harmful ingredients, to reduce not pull it off. The tobacco companies ers are required to disclose what is in nicotine levels, and to ban those candy were too powerful. Now we have a their product. Walk into any grocery and fruit-flavored cigarettes popular chance to beat them with this bill on store, take a product off the shelf, and with kids. the floor. These reforms will start to you will see a list of ingredients. But Another long overdue reform is to es- reduce the terrible toll tobacco has cigarettes and other tobacco products, tablish a credible process for ensuring taken on families across the Nation. some of the most dangerous products that health claims about tobacco prod- I used to say from time to time when American consumers can buy, do not ucts are scientifically proven. Almost I would reflect on this and people have to follow the same rules as other as soon as cigarettes became a widely would say: You are going too far, DUR- consumer products. The tobacco indus- used product, companies started mak- BIN, just too much regulation, I have try does not want you to know what is ing false claims. yet to meet the first parent who has in its products, and for good reason. In the 1920s, Lorillard came up with a said to me: I have great news. I just Cigarettes are not just tobacco leaves slogan: ‘‘Not a Cough in a Carload.’’ learned last night that my daughter rolled up in paper; they are sophisti- In the 1930s, Philip Morris said smok- started smoking. I never heard that cated, highly engineered products. In ing their cigarettes was less irritating said. We know intuitively as adults it addition to tobacco leaf, cigarettes than other brands and ran ads advising is a terrible thing when a child takes contain additives and chemicals that the public to ‘‘Ask Your Doctor About up smoking and use of tobacco. It can increase the kick of nicotine and mask a Light Smoke.’’ lead to an addiction that can harm the harshness of tobacco smoke. The In the 1940s, R.J. Reynolds ran an ad them. act of lighting a cigarette creates a campaign for Camel cigarettes with The FDA is the right agency to do toxic soup of more than 4,000 known the slogan ‘‘More Doctors Smoke Cam- this. It is the only agency with the science, the regulatory experience, and chemical compounds, all carefully els than Any Other Cigarette.’’ the public health mission to get this added to that little cigarette in the In the 1950s and 1960s, tobacco compa- job done. Through a user fee on the in- hope that you will enjoy it so darn nies introduced ‘‘light’’ and ‘‘low tar’’ dustry, the bill gives the agency the much you will become addicted for life. cigarettes to ease the growing concern about the harmful effects of smoking. funding it needs to get this job done. According to the National Cancer In- This is a strong public health bill and stitute, there are 69 known and prob- The marketing of these light and low- tar cigarettes was so successful that a bipartisan bill. After more than 10 able carcinogens in cigarette smoke. Is years and, in my case, more than 20 they quickly dominated the market. it any wonder people develop cancer years, we have never been so close to Some advertisements explicitly en- from smoking? giving the FDA the authority to regu- Researchers at Harvard University couraged smokers to switch to these late tobacco products. I urge my col- new products instead of quitting. But School of Public Health have also dis- leagues to resist efforts to weaken this the tobacco companies never had to covered that tobacco companies in- bill or to add provisions that jeopardize demonstrate these new products would creased nicotine levels in cigarettes by its enactment. FDA regulation of to- actually reduce harm. In fact, sci- nearly 12 percent between 1997 and 2005. bacco products is long overdue. The entific evidence has shown light and They were pumping nicotine into these time for Congress to act is now. cigarettes knowing it was more addict- low-tar cigarettes have not lowered I would like to say in closing that it ive, knowing they had these folks health risks. is a shame that my colleague and Tobacco companies continue to de- hooked for life. friend, TEDDY KENNEDY, is not here. He This bill ends the special treatment velop new products and make health is recovering, as we know, from his of the tobacco industry by requiring claims that cannot be validated. This own battle with a brain tumor. I talked manufacturers to disclose to the FDA bill will prohibit tobacco companies with him a couple weeks ago, and he the ingredients, including substances from using misleading descriptors such sounded just great. I wish he could be in the smoke, of each brand of tobacco as ‘‘light,’’ ‘‘mild,’’ and ‘‘low’’ to de- on the floor with us because I know product. It requires the Secretary of scribe their products. It gives the FDA how much this bill means to him per- Health and Human Services to publish authority to review a product before it sonally. TEDDY KENNEDY, on this issue a list of harmful and potentially harm- can be marketed as a ‘‘reduced harm’’ and so many others, stood there and ful constituents in each brand of to- product to ensure sound science is be- fought that lonely battle, faced rollcall bacco products and requires tobacco hind that claim. These are reasonable after rollcall when he could never get companies to provide information they requirements for any product in Amer- enough votes. And now the moment is have on the health effects of existing ica and certainly for a deadly product at hand to come up with the votes nec- and future tobacco products. Why did such as cigarettes and tobacco. essary. In his name and in the name of it take us so long to do this? We knew The warnings currently displayed on all the people over the years who have for decades what was going on here. cigarettes and smokeless tobacco prod- fought so valiantly for tobacco regula- But the tobacco companies were just ucts are more than 20 years old. Let’s tion, people such as Congressman Mike too powerful. They stopped us. Now we be honest about this. The warnings on Synar of Oklahoma and TEDDY KEN- have a chance to change that. This bill cigarette packages are widely ignored. NEDY—all of them dreamed of the day on the floor will finally give consumers They have been virtually the same for when this would pass. We now have a across America the information they decades. People don’t even read them chance, this Senate in this Congress need, the information which research- or pay attention to them. But that is this year, to finally do something to ers need to stop this insidious addic- going to change. This legislation restart saving lives across America and tion. quires large, clearly visible warning la- bring the kind of sensible regulation of For a product as deadly as tobacco, bels on 50 percent of the front and back tobacco that has been long overdue. public disclosure of ingredients is not of a pack of cigarettes, with graphic Madam President, I yield the floor enough. The FDA should be able to re- and textual messages such as ‘‘Warn- and suggest the absence of a quorum. quire the industry to reduce or elimi- ing: Cigarettes Cause Cancer.’’ You will The PRESIDING OFFICER. The nate harmful ingredients or additives not be able to miss it. You may miss clerk will call the roll.

VerDate Nov 24 2008 00:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.051 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5941 The legislative clerk proceeded to staff in both my Indiana and Wash- their 60th wedding anniversary June call the roll. ington offices. Tom had a knack for 25th. Mr. UDALL of Colorado. Madam discovering new talent, and he helped When covering a Beaver Falls city President, I ask unanimous consent hone the professional development of council meeting for WBVP-AM, Ernie that the order for the quorum call be countless public servants. realized that he wanted to enter public rescinded. Most importantly, Tom is a devoted service. He went home, told his family, The PRESIDING OFFICER. Without father to his sons, Jackson and Carter, and was elected to the city council of objection, it is so ordered. and a loving husband to his wife Beaver Falls, PA, in 1955. Nine years f Nancy. Tom cares about the people he later, Ernie was elected to the senate works with and treats his colleagues of Pennsylvania, later becoming the MORNING BUSINESS like extended family. Tom was always youngest Democratic floor leader ever. Mr. UDALL of Colorado. Madam ready with a kind word during times of After 7 years in the State senate, he President, I ask unanimous consent plenty and an understanding ear during was elected lieutenant governor of the that the Senate proceed to a period of periods of personal difficulty and loss. Commonwealth. morning business, with Senators per- This week, Tom leaves my office to His life of public service continued mitted to speak for up to 10 minutes pursue a new opportunity helping after he left elected office through vol- each. lower income students finish their col- unteering with different nonprofit or- The PRESIDING OFFICER. Without lege and postsecondary education. The ganizations such as the Ronald McDon- objection, it is so ordered. newly formed National Consortium for ald House and the United Way. He con- f College Completion is extraordinarily tinued supporting Democratic politics COMMENDING THOMAS O. SUGAR lucky to have Tom as a part of their his entire life. Ernie also loved to fish organization. While I will deeply miss and root for the Pittsburgh Steelers. Mr. BAYH. Mr. President, I rise having Tom on my Senate staff, I look He and Josephine raised 7 children today to honor Mr. Thomas O. Sugar, forward to hearing about the work he and they were blessed with 12 grand- who has served as one of my most val- will do on behalf of students in need children. Ernie was a loving father and ued and trusted aides in the U.S. Sen- across our country. devoted grandfather who instilled in ate and in the Indiana Governor’s of- Tom is a trusted aide, a dear friend, his family a love of Pennsylvania and fice. I am proud to have this oppor- and a true-blue Hoosier whose con- the value of a life in public service. tunity to recognize Tom for the re- tributions to the State of Indiana are More importantly, he was a dad who markable service he has rendered on immeasurable. made sure the kids did all of their behalf of the people of Indiana. Mr. President, I am pleased to recog- homework and all of their chores. Tom is a native of Kokomo, IN, an nize Tom’s extraordinary contributions Ernie Kline was a person of integrity auto town in the heart of our proud to this body, and I wish him the best of and compassion. He never forgot where manufacturing State. Tom never forgot luck in his future pursuits. he came from and the values that guid- where he came from, and he has been a f ed his life. I extend my sincere condo- faithful and passionate emissary of the lences to Josephine and the Kline fam- hard-working, middle-class Hoosiers ADDITIONAL STATEMENTS ily for their loss. His life story will who inspired him to enter public serv- continue to inspire his family and ice in the first place. REMEMBERING ERNEST P. KLINE many others to devote their lives to Tom’s career in government and poli- public service and to the poor and the tics began when he served as a cam- ∑ Mr. CASEY. Madam President, the powerless.∑ paign field organizer for Jim Jontz, Commonwealth of Pennsylvania re- f who represented Indiana’s fifth Con- cently lost a distinguished former lieu- gressional District. Throughout his 7 tenant governor and a life-long Pitts- JUDGE COLLEEN KOLLAR- years of service for Congressman Jontz, burgh sports fan, Ernest P. Kline. Ernie KOTELLY Tom held a variety of positions, culmi- passed away of congestive heart failure ∑ Mrs. FEINSTEIN. Madam President, nating in his ascension to chief of staff after a life that tells the story of a shortly before the recess, U.S. District in 1991. Pennsylvanian with the determination Judge Colleen Kollar-Kotelly com- I was fortunate to have Tom join my to reach his goals, a love of public serv- pleted her service as presiding judge of staff as director of communication and ice, and a devoted father and grand- the Foreign Intelligence Surveillance planning during my second term as In- father. Today I honor his memory. Court. By law, after serving for a max- diana Governor. Among his many Ernest P. Kline was lieutenant gov- imum of 7 years, judges of the FISA achievements, Tom orchestrated a suc- ernor of the Commonwealth of Penn- Court, who are designated from the cessful conference on promoting re- sylvania from 1971 to 1979. During his 8 U.S. districts courts by the Chief Jus- sponsible fatherhood that brought to- years of public service, he worked to tice of the United States to serve on gether leaders of the most successful advance the causes of women and older the FISA Court in addition to their fatherhood programs in the country. citizens. After his career in public serv- regular judicial responsibilities, are He also helped plan the Governor’s ice, Ernie was president of Kline Asso- not eligible for redesignation. adoption initiative, heralding needed ciates in Palmyra, PA. His story is a Now that Judge Kollar-Kotelly has reforms in Indiana’s adoption system. Pennsylvania story of hard work and completed her distinguished service on Tom served as my campaign manager deep abiding commitment to help peo- the FISA Court, it is fitting to take for my first Senate race in 1998 and ple. note of the admirable service she has then took over as my chief of staff, a Ernie and his two brothers were rendered as the presiding judge of an position he has held for over a decade. raised by a single mother in Webster, institution that is central to our Na- Tom has carried out this demanding just outside of Pittsburgh. It was the tion’s commitment to conduct foreign role with unceasing skill, diplomacy, love and support of his extended intelligence within the rule of law. and determination. His portfolio has Italian-American family, his teachers, Judge Kollar-Kotelly was appointed been considerable. Tom has been a top and his devout Catholic faith that in 1984 to serve as an associate judge of adviser on a range of significant policy would shape him into the statesman he the Superior Court of the District of issues, helping to improve our Nation’s came to be. Ernie was the starting Columbia. In 1997, she was appointed by educational system, supporting work- quarterback of his Rostraver high President Clinton to serve on the U.S. ing families, strengthening national se- school football team. He attended District Court for the District of Co- curity, and expanding volunteer oppor- Duquesne University but had to drop lumbia. In 2002, Chief Justice William tunities for Americans to serve their out early due to financial constraints. H. Rehnquist designated her to be pre- country. He became a radio-news broadcaster. siding judge of the FISA Court. Her In addition to playing a crucial role While working with the radio station ability to earn the trust of two Presi- on policy issues, Tom has served as a in Charleroi, he met his beloved wife dents and a Chief Justice is noteworthy leader and a mentor to members of my Josephine. They would have celebrated in itself.

VerDate Nov 24 2008 00:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.052 S02JNPT1 smartinez on PROD1PC64 with SENATE S5942 CONGRESSIONAL RECORD — SENATE June 2, 2009 The period of Judge Kollar-Kotelly’s involved with the school. During this Loniqua Smith, Erica Snyder, Gregorio Soto, service as presiding judge, from 2002 to period, George Washington had devel- Brittany Spears, Jason Stark-Jines, 2009, has been, of course, a period of oped a legendary basketball program DeVaughn Stokes. enormous challenge for the FISA that was followed closely on the West India Tinsley, Samantha Turner, Maria Court. The work of the court, apart Valdez, Kenneth Valentine, Cassandra Vest, Side. The school won the Indiana High Sherry Whitescarver, Brandy Whitescarver, from limited releases of statistical in- School Basketball State Championship Victoria Wilcox, Calvin Williams, Rodshied formation and the rare case in which a in 1965 and 1969. We attended every Williams, William Wilson, Cassandra Wilson, redacted opinion has been released pub- tournament game and any pep rallies. Jose Zelaya.∑ licly, occurs in secrecy. But while lit- It was wonderful to see the high school f tle is publicly known about her service as a leader politically, academically, as presiding judge, from the vantage and athletically. MESSAGES FROM THE PRESIDENT point of the Senate Intelligence Com- I take a moment to recount this Messages from the President of the mittee I can say with confidence that cherished history because George United States were communicated to the American people should be very Washington is a prime example of how the Senate by Mr. Williams, one of his grateful for her leadership of this most a school can succeed through the hard secretaries. important court. work of its students and teachers, the f Congratulations, Judge Kollar- support of the community, and the ex- Kotelly, and thanks for a job well pectation of achievement. These stu- EXECUTIVE MESSAGES REFERRED ∑ done. dents have dedicated themselves to set- As in executive session the PRE- f ting an example for their younger sib- SIDING OFFICER laid before the Sen- CONGRATULATING THE GEORGE lings and the classes that will follow ate messages from the President of the WASHINGTON HIGH SCHOOL them at George Washington. The United States submitting sundry nomi- CLASS OF 2009 teachers never stop preaching about nations which were referred to the ap- the advantages of going to college and ∑ Mr. LUGAR. Madam President, I propriate committees. never let the students assume that take the opportunity today to con- (The nominations received today are their education ends with high school. gratulate the class of 2009 at George printed at the end of the Senate pro- And parents have supported these stu- Washington Community High School in ceedings.) dents, even if the experience of college Indianapolis, IN. This class has f is a new one for their families. achieved the notable result of having The most fundamental element of MEASURES DISCHARGED all 89 spring and summer graduates ac- American competitiveness and cepted to college—a rare feat for any The following bill was discharged progress is the quality of education high school in America. Many of these from the Committee on Banking, Hous- that our children receive. We must students will be the first members of ing, and Urban Affairs by unanimous make sure that all of our young people their families to attend college. Only consent, and referred as indicated: are educated 100 percent of them. We about 5 percent of the adults in the S. 1007. A bill to amend the Internal cannot afford to be satisfied with less. surrounding community have attended Revenue Code of 1986 to deny a deduc- George Washington High School clear- college. tion for excessive compensation of any I am especially proud of what the ly has embraced this challenge. employee of an employer; to the Com- students, teachers, and families of I am privileged to recognize this mittee on Finance. marvelous school and the students who Washington High School are achieving f because the school and community are graduating and going to college, for have played a big role in my early ca- this signal achievement. It is clear EXECUTIVE AND OTHER reer and in the life of my family. My that the students at George Wash- COMMUNICATIONS grandfather, Thomas L. Green, lived on ington have the vision and inspiration The following communications were the West Side of Indianapolis near to move ahead, which is so important laid before the Senate, together with Washington High School. Although he to their lives but also to the success of accompanying papers, reports, and doc- had only a fifth-grade education, he es- our great country. I look forward to uments, and were referred as indicated: following their achievements and sup- tablished Thomas L. Green and Com- EC–1740. A communication from the Direc- pany, a food machinery manufacturing porting their dreams in the years tor, Regulatory Management Division, Envi- firm, in a factory near the high school. ahead. ronmental Protection Agency, transmitting, When I returned to Indianapolis in Below is a complete list of the re- pursuant to law, the report of a rule entitled 1960 after my Navy service, I joined my markable George Washington High ‘‘Etoxazole; Pesticide Tolerances’’ (FRL- brother, Thomas R. Lugar, in man- School Class of 2009: 8413-5) received in the Office of the President aging the food machinery business. Edgardo Aboytes, Megan Adams, Armando of the Senate on May 27, 2009; to the Com- Alejo, Mauricio Arreola, Salvador Arteaga, mittee on Agriculture, Nutrition, and For- Many of our employees and interns estry. came from the neighborhood sur- Jose Arteaga, Louis Aumann, Imelda Benitez-Vasquez, Sarah Boles, Devon Bro- EC–1741. A communication from the Direc- rounding George Washington High gan, Dawn Caffery, Sebastiana Campos, tor, Regulatory Management Division, Envi- School. Thanks to the leadership of Aloric Carson, Ariel Casillas, Katherine ronmental Protection Agency, transmitting, Principal Cloyd Julian and others, we Cook, Erik Cook, Cheris Drotz-Smith, Joyce pursuant to law, the report of a rule entitled joined the George Washington Business East, Luis Escatel, Petra Felder. ‘‘Exemptions from the Requirement of a Tol- club, through which we met frequently Edith Flores, Anthony Fuller, Manuel Gil, erance; Technical Amendments’’ (FRL-8417- with the students and teachers. Dorthea Glenn, Noe Gonzalez, John Graves, 9) received in the Office of the President of In late 1963, a delegation from the Christopher Hall, Katey Hicks, Kaela Hunt, the Senate on May 27, 2009; to the Committee West Side came to my office at the fac- Kathryn Hunter, Tiffany Ingalls, Alma Ji- on Agriculture, Nutrition, and Forestry. EC–1742. A communication from the Assist- tory to encourage me to run for the In- menez, Dujuan Johnson, Cleveland Johnson, Charles Lile, James Locke, Adelmer Lopez, ant Secretary, Office of Legislative Affairs, dianapolis Board of School Commis- Rubi Lopez, Daniel Luckett, Karina Department of State, transmitting, pursuant sioners. They felt that schools on the Magallanes. to law, a six-month periodic report relative West Side were being neglected, and Jessica Martinez, Joshua Masters, Angela to the national emergency that was declared they wanted to ensure that the per- McClure, Ashley McClure, Patrick McDon- in Executive Order 12938 with respect to the spective of our community was heard. I ald, Frederick McKnight, Keith McLemore, proliferation of weapons of mass destruction; accepted their challenge and won a Adem Meftah, Shantina Moore, Fernando to the Committee on Banking, Housing, and seat on the board in May of 1964. This Mora, James Morris, Felicia Moy, Nohemi Urban Affairs. responsibility deepened my involve- Ocampo, Rick Owens, Andrew Parsley, Ju- EC–1743. A communication from the Chair- lian Peters, Kiara Ragland, Miguel Ramirez, man and President, Export-Import Bank of ment in the affairs of George Wash- Tisha Ramirez, Daniel Rangel. the United States, transmitting, pursuant to ington and other schools in our neigh- Matthew Reeves, Jeffery Riley, Tiffany law, a report relative to transactions involv- borhood. Riley, Brittney Ritchie, Marcos Rivera, ing U.S. exports to the Republic of Korea; to I was elected mayor of Indianapolis Marvin Rodriguez, Maria Rodriguez, Fer- the Committee on Banking, Housing, and in 1967 and continued to stay closely nando Rojas, Marcus Ross, Emanuel Ruiz, Urban Affairs.

VerDate Nov 24 2008 00:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.022 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5943 EC–1744. A communication from the Asso- the Committee on Environment and Public strong, stable, and capable congressional ciate General Counsel for Legislation and Works. committee structure to provide the intel- Regulations, Office of the Assistant Sec- EC–1752. A communication from the Chief, ligence community appropriate oversight, retary for Housing-Federal Housing Commis- Branch of Listing, Fish and Wildlife Service, support, and leadership, and to implement a sioner, Department of Housing and Urban Department of the Interior, transmitting, key recommendation of the National Com- Development, transmitting, pursuant to law, pursuant to law, the report of a rule entitled mission on Terrorist Attacks Upon the the report of a rule entitled ‘‘Real Estate ‘‘Endangered and Threatened Wildlife and United States; to the Committee on Rules Settlement Procedures Act (RESPA): Rule Plants; Designation of Critical Habitat for and Administration. To Simplify and Improve the Process of Ob- Peninsular Bighorn Sheep and Determina- By Mr. LEVIN (for himself, Mr. taining Mortgages and Reduce Consumer tion of a Distinct Population Segment of MCCAIN, Mr. NELSON of Nebraska, and Settlement Costs; Withdrawal of Revised Desert Bighorn Sheep (Ovis canadensis Mr. GRAHAM): Definition of ’Required Use’’’ ((RIN2502- nelsoni)’’ (RIN1018-AV09) received in the Of- S. Res. 165. A resolution to encourage rec- AI61)(FR-5180-F-06)) received in the Office of fice of the President of the Senate on May 27, ognition of 2009 as the ‘‘Year of the Military the President of the Senate on May 26, 2009; 2009; to the Committee on Environment and Family’’; considered and agreed to. to the Committee on Banking, Housing, and Public Works. By Mr. SCHUMER: Urban Affairs. EC–1753. A communication from the Direc- S. Res. 166. A resolution to authorize the EC–1745. A communication from the Chief tor, Regulatory Management Division, Envi- printing of a collection of the rules of the of the Border Security Regulations Branch, ronmental Protection Agency, transmitting, committees of the Senate; considered and Customs and Border Protection, Department pursuant to law, the report of a rule entitled agreed to. of Homeland Security, transmitting, pursu- ‘‘Approval and Promulgation of Air Quality f ant to law, the report of a rule entitled ‘‘Es- Implementation Plans; Florida; Removal of tablishing U.S. Ports of Entry in the Com- Gasoline Vapor Recovery from the Southeast ADDITIONAL COSPONSORS monwealth of the Northern Mariana Islands Florida Area’’ (FRL-8911-6) received in the S. 148 (CNMI) and Implementing the Guam-CNMI Office of the President of the Senate on May At the request of Mr. KOHL, the name Visa Waiver Program; Change of Implemen- 27, 2009; to the Committee on Environment tation Date’’ (RIN1651-AA77) received in the and Public Works. of the Senator from Oregon (Mr. Office of the President of the Senate on May WYDEN) was added as a cosponsor of S. f 22, 2009; to the Committee on Energy and 148, a bill to restore the rule that Natural Resources. INTRODUCTION OF BILLS AND agreements between manufacturers EC–1746. A communication from the Gen- JOINT RESOLUTIONS and retailers, distributors, or whole- eral Counsel, Federal Energy Regulatory salers to set the minimum price below Commission, transmitting, pursuant to law, The following bills and joint resolu- the report of a rule entitled ‘‘Western Elec- tions were introduced, read the first which the manufacturer’s product or tricity Coordinating Council Regional Reli- and second times by unanimous con- service cannot be sold violates the ability Standard Regarding Automatic Time sent, and referred as indicated: Sherman Act. Error Correction’’ (Docket No. RM08-12-000) By Mr. BINGAMAN (for himself and S. 348 as received during adjournment of the Sen- Mrs. LINCOLN): At the request of Mr. ROCKEFELLER, ate in the Office of the President of the Sen- S. 1161. A bill to amend the Public Health the name of the Senator from Idaho ate on May 16, 2009; to the Committee on En- Service Act to authorize programs to in- (Mr. CRAPO) was added as a cosponsor ergy and Natural Resources. crease the number of nurse faculty and to in- EC–1747. A communication from the Direc- of S. 348, a bill to amend section 254 of crease the domestic nursing and physical tor, Office of Human Resources, Environ- the Communications Act of 1934 to pro- therapy workforce, and for other purposes; mental Protection Agency, transmitting, vide that funds received as universal to the Committee on Health, Education, pursuant to law, (4) reports relative to va- Labor, and Pensions. service contributions and the universal cancy announcements within the Agency; to By Mr. SCHUMER: service support programs established the Committee on Environment and Public S. 1162. A bill to require notification of the pursuant to that section are not sub- Works. EC–1748. A communication from the Direc- Federal Aviation Administration with re- ject to certain provisions of title 31, tor, Regulatory Management Division, Envi- spect to wildlife strikes, and for other pur- United States Code, commonly known ronmental Protection Agency, transmitting, poses; to the Committee on Commerce, as the Antideficiency Act. Science, and Transportation. pursuant to law, the report of a rule entitled S. 424 ‘‘Approval and Promulgation of Air Quality By Mr. SCHUMER: S. 1163. A bill to add 1 member with avia- At the request of Mr. LEAHY, the Implementation Plans; South Carolina; Ap- name of the Senator from Washington proval of Section 110(a)(1) Maintenance Plan tion safety expertise to the Federal Aviation for the 1997 8-Hour Ozone Standard for Cher- Administration Management Advisory Coun- (Ms. CANTWELL) was added as a cospon- okee County’’ (FRL-8911-5) received in the cil; to the Committee on Commerce, Science, sor of S. 424, a bill to amend the Immi- Office of the President of the Senate on May and Transportation. gration and Nationality Act to elimi- 27, 2009; to the Committee on Environment By Mr. FEINGOLD (for himself and Ms. nate discrimination in the immigra- and Public Works. COLLINS): tion laws by permitting permanent EC–1749. A communication from the Direc- S. 1164. A bill to amend the Public Health Service Act to reauthorize the Automated partners of United States citizens and tor, Regulatory Management Division, Envi- lawful permanent residents to obtain ronmental Protection Agency, transmitting, Defibrillation in Adam’s Memory Act; to the pursuant to law, the report of a rule entitled Committee on Health, Education, Labor, and lawful permanent resident status in ‘‘Update of Continuous Instrumental Test Pensions. the same manner as spouses of citizens Methods; Correction’’ (FRL-8910-5) received By Mr. FEINGOLD (for himself and Ms. and lawful permanent residents and to in the Office of the President of the Senate COLLINS): penalize immigration fraud in connec- on May 27, 2009; to the Committee on Envi- S. 1165. A bill to promote the development tion with permanent partnerships. of health care cooperatives that will help ronment and Public Works. S. 451 EC–1750. A communication from the Direc- businesses to pool the health care purchasing tor, Regulatory Management Division, Envi- power of employers, and for other purposes; At the request of Ms. COLLINS, the ronmental Protection Agency, transmitting, to the Committee on Health, Education, names of the Senator from Nebraska pursuant to law, the report of a rule entitled Labor, and Pensions. (Mr. NELSON), the Senator from Alaska ‘‘Implementation of the New Source Review f (Ms. MURKOWSKI), the Senator from Program for Particulate Matter Less Than Kansas (Mr. BROWNBACK), the Senator SUBMISSION OF CONCURRENT AND w.5 Micrometers (PM2.5)’’ (FRL-8910-6) re- from Idaho (Mr. RISCH) and the Senator ceived in the Office of the President of the SENATE RESOLUTIONS from Maine (Ms. SNOWE) were added as Senate on May 27, 2009; to the Committee on The following concurrent resolutions Environment and Public Works. cosponsors of S. 451, a bill to require EC–1751. A communication from the Chief, and Senate resolutions were read, and the Secretary of the Treasury to mint Branch of Listing, Fish and Wildlife Service, referred (or acted upon), as indicated: coins in commemoration of the centen- Department of the Interior, transmitting, By Mr. FEINGOLD (for himself, Mr. nial of the establishment of the Girl pursuant to law, the report of a rule entitled BURR, Mr. BAYH, Ms. SNOWE, and Mr. Scouts of the United States of Amer- ‘‘Endangered and Threatened Wildlife and MCCAIN): ica. Plants; Revised Designation of Critical Habi- S. Res. 164. A resolution amending Senate S. 456 tat for the Wintering Population of the Pip- Resolution 400, 94th Congress, and Senate ing Plover (Charadrius melodus) in Texas’’ Resolution 445, 108th Congress, to improve At the request of Mr. DODD, the name (RIN1018-AV46) received in the Office of the congressional oversight of the intelligence of the Senator from Oregon (Mr. President of the Senate on May 27, 2009; to activities of the United States, to provide a WYDEN) was added as a cosponsor of S.

VerDate Nov 24 2008 00:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.022 S02JNPT1 smartinez on PROD1PC64 with SENATE S5944 CONGRESSIONAL RECORD — SENATE June 2, 2009 456, a bill to direct the Secretary of erating on Federal-aid highways, and spect to inflammatory bowel disease, Health and Human Services, in con- for other purposes. and for other purposes. sultation with the Secretary of Edu- S. 788 S. 984 cation, to develop guidelines to be used At the request of Ms. SNOWE, the At the request of Mrs. BOXER, the on a voluntary basis to develop plans name of the Senator from Wisconsin name of the Senator from Montana to manage the risk of food allergy and (Mr. FEINGOLD) was added as a cospon- (Mr. TESTER) was added as a cosponsor anaphylaxis in schools and early child- sor of S. 788, a bill to prohibit unsolic- of S. 984, a bill to amend the Public hood education programs, to establish ited mobile text message spam. Health Service Act to provide for ar- school-based food allergy management S. 823 thritis research and public health, and grants, and for other purposes. At the request of Ms. SNOWE, the for other purposes. S. 482 names of the Senator from Kansas (Mr. S. 987 At the request of Mr. FEINGOLD, the ROBERTS) and the Senator from New At the request of Mr. DURBIN, the name of the Senator from Maine (Ms. Jersey (Mr. MENENDEZ) were added as name of the Senator from South Da- COLLINS) was added as a cosponsor of S. cosponsors of S. 823, a bill to amend the kota (Mr. JOHNSON) was added as a co- 482, a bill to require Senate candidates Internal Revenue Code of 1986 to allow sponsor of S. 987, a bill to protect girls to file designations, statements, and a 5-year carryback of operating losses, in developing countries through the reports in electronic form. and for other purposes. prevention of child marriage, and for S. 570 S. 831 other purposes. At the request of Mr. VITTER, the At the request of Mr. KERRY, the S. 1012 name of the Senator from Texas (Mrs. name of the Senator from Utah (Mr. At the request of Mr. ROCKEFELLER, HUTCHISON) was added as a cosponsor of BENNETT) was added as a cosponsor of the name of the Senator from Mary- S. 570, a bill to stimulate the economy S. 831, a bill to amend title 10, United land (Mr. CARDIN) was added as a co- and create jobs at no cost to the tax- States Code, to include service after sponsor of S. 1012, a bill to require the payers, and without borrowing money September 11, 2001, as service quali- Secretary of the Treasury to mint from foreign governments for which fying for the determination of a re- coins in commemoration of the centen- our children and grandchildren will be duced eligibility age for receipt of non- nial of the establishment of Mother’s responsible, and for other purposes. regular service retired pay. Day. S. 1013 S. 572 S. 832 At the request of Mr. BINGAMAN, the At the request of Mr. THUNE, his At the request of Mr. NELSON of Flor- name was added as a cosponsor of S. ida, the name of the Senator from Col- names of the Senator from Indiana (Mr. LUGAR) and the Senator from 572, a bill to provide for the issuance of orado (Mr. UDALL) was added as a co- a ‘‘forever stamp’’ to honor the sac- sponsor of S. 832, a bill to amend title Michigan (Ms. STABENOW) were added rifices of the brave men and women of 36, United States Code, to grant a Fed- as cosponsors of S. 1013, a bill to au- the armed forces who have been award- eral charter to the Military Officers thorize the Secretary of Energy to ed the Purple Heart. Association of America, and for other carry out a program to demonstrate the commercial application of inte- S. 590 purposes. grated systems for long-term geologi- At the request of Ms. SNOWE, the S. 833 cal storage of carbon dioxide, and for name of the Senator from Texas (Mr. At the request of Mr. SCHUMER, the other purposes. CORNYN) was added as a cosponsor of S. name of the Senator from Connecticut S. 1044 590, a bill to assist local communities (Mr. LIEBERMAN) was added as a co- At the request of Mr. THUNE, the with closed and active military bases, sponsor of S. 833, a bill to amend title name of the Senator from South Da- and for other purposes. XIX of the Social Security Act to per- kota (Mr. JOHNSON) was added as a co- S. 653 mit States the option to provide Med- sponsor of S. 1044, a bill to preserve the icaid coverage for low-income individ- At the request of Mr. CARDIN, the ability of the United States to project uals infected with HIV. name of the Senator from Montana power globally. (Mr. BAUCUS) was added as a cosponsor S. 846 S. 1048 of S. 653, a bill to require the Secretary At the request of Mr. DURBIN, the At the request of Mr. HARKIN, the of the Treasury to mint coins in com- name of the Senator from Nebraska name of the Senator from New Mexico memoration of the bicentennial of the (Mr. NELSON) was added as a cosponsor (Mr. UDALL) was added as a cosponsor writing of the Star-Spangled Banner, of S. 846, a bill to award a congres- of S. 1048, a bill to amend the Federal and for other purposes. sional gold medal to Dr. Muhammad Food, Drug, and Cosmetic Act to ex- S. 711 Yunus, in recognition of his contribu- tend the food labeling requirements of At the request of Mr. BAUCUS, the tions to the fight against global pov- the Nutrition Labeling and Education name of the Senator from South Da- erty. Act of 1990 to enable customers to kota (Mr. JOHNSON) was added as a co- S. 908 make informed choices about the nu- sponsor of S. 711, a bill to require men- At the request of Mr. BAYH, the name tritional content of standard menu tal health screenings for members of of the Senator from Michigan (Mr. items in large chain restaurants. the Armed Forces who are deployed in LEVIN) was added as a cosponsor of S. S. 1057 connection with a contingency oper- 908, a bill to amend the Iran Sanctions At the request of Mr. TESTER, the ation, and for other purposes. Act of 1996 to enhance United States name of the Senator from Tennessee S. 730 diplomatic efforts with respect to Iran (Mr. CORKER) was added as a cosponsor At the request of Mr. ENSIGN, the by expanding economic sanctions of S. 1057, a bill to amend the Public name of the Senator from Wyoming against Iran. Health Service Act to provide for the (Mr. ENZI) was added as a cosponsor of S. 924 participation of physical therapists in S. 730, a bill to amend the Harmonized At the request of Ms. MIKULSKI, the the National Health Service Corps Tariff Schedule of the United States to names of the Senator from Wisconsin Loan Repayment Program, and for modify the tariffs on certain footwear, (Mr. FEINGOLD) and the Senator from other purposes. and for other purposes. Hawaii (Mr. AKAKA) were added as co- S. 1067 S. 779 sponsors of S. 924, a bill to ensure effi- At the request of Mr. FEINGOLD, the At the request of Mr. LAUTENBERG, cient performance of agency functions. name of the Senator from Ohio (Mr. the name of the Senator from Cali- S. 981 BROWN) was added as a cosponsor of S. fornia (Mrs. BOXER) was added as a co- At the request of Mr. REID, the name 1067, a bill to support stabilization and sponsor of S. 779, a bill to amend titles of the Senator from Connecticut (Mr. lasting peace in northern Uganda and 23 and 49, United States Code, to mod- LIEBERMAN) was added as a cosponsor areas affected by the Lord’s Resistance ify provisions relating to the length of S. 981, a bill to support research and Army through development of a re- and weight limitations for vehicles op- public awareness activities with regional strategy to support multilateral

VerDate Nov 24 2008 00:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.019 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5945 efforts to successfully protect civilians shortages by 2015. Quite simply, we areas. To address this need, the bill and eliminate the threat posed by the need to educate more nurses, or we, as also authorizes a distance education Lord’s Resistance Army and to author- a Nation, will not have enough trained pilot program to improve access to ize funds for humanitarian relief and nurses to meet the needs of our aging educational opportunity for both nurs- reconstruction, reconciliation, and society. ing and physical therapy students. Fi- transitional justice, and for other pur- One of the biggest constraints to edu- nally, the bill calls for a study by the poses. cating more nurses is a shortage of Institute of Medicine at the National S. 1090 nursing faculty. Almost three-quarters Academy of Sciences which will rec- At the request of Mr. WYDEN, the of nursing programs surveyed by the ommend how to balance education, name of the Senator from Maine (Ms. American Association of Colleges of labor, and immigration policies to SNOWE) was added as a cosponsor of S. Nursing cited faculty shortages as a meet the demand for qualified nurses 1090, a bill to amend the Internal Rev- reason for turning away qualified ap- and physical therapists. enue Code of 1986 to provide tax credit plicants. Although applications to The provisions of the Nurse Faculty parity for electricity produced from re- nursing programs have surged 59 per- and Physical Therapist Education Act newable resources. cent over the past decade, the National are vital to overcoming workforce S. 1157 League for Nursing estimates that challenges. By addressing nurse faculty 147,000 qualified applications were and physical therapist shortages, we At the request of Mr. CONRAD, the name of the Senator from Oklahoma turned away in 2004. This represents a will enhance both access to care and 27 percent decrease in admissions over the quality of care. (Mr. INHOFE) was added as a cosponsor Mr. President, I ask unanimous con- of S. 1157, a bill to amend title XVIII of the previous year, indicating the need sent that the text of the bill be printed the Social Security Act to protect and to scale up capacity in nursing pro- in the RECORD. preserve access of Medicare bene- grams is more critical than ever. I know that in my home State of New There being no objection, the text of ficiaries in rural areas to health care Mexico, nursing programs turned down the bill was ordered to be printed in providers under the Medicare program, almost half of qualified applicants, the RECORD, as follows: and for other purposes. even though HRSA predicts that New S. 1161 S.J. RES. 15 Mexico will only be able to meet 64 per- Be it enacted by the Senate and House of Rep- At the request of Mr. VITTER, the cent of its demand for nurses by 2020. resentatives of the United States of America in name of the Senator from Indiana (Mr. With a national nurse faculty work- Congress assembled, BAYH) was added as a cosponsor of S.J. force that averages 53.5 years of age, SECTION 1. SHORT TITLE; FINDINGS. Res. 15, a joint resolution proposing an and an average nurse faculty retire- (a) SHORT TITLE.—This Act may be cited as amendment to the Constitution of the ment age of 62.5 years, we cannot and the ‘‘Nurse Faculty and Physical Therapist Education Act of 2009’’. United States authorizing the Congress must not wait any longer to address to prohibit the physical desecration of (b) FINDINGS.—Congress makes the fol- nurse faculty shortages. lowing findings: the flag of the United States. Nursing faculty are not the only seg- (1) The Nurse Reinvestment Act (Public S. CON. RES. 14 ment of the population that is aging. Law 107–205) has helped to support students At the request of Mrs. LINCOLN, the As the baby boom generation ages, preparing to be nurse educators. Yet, nursing names of the Senator from Montana there will be an increased need for schools nationwide are forced to deny admis- (Mr. TESTER) and the Senator from nurses to care for the elderly. However, sion to individuals seeking to become nurses and nurse educators due to the lack of quali- Missouri (Mr. BOND) were added as co- less than one percent of practicing fied nurse faculty. sponsors of S. Con. Res. 14, a concur- nurses have a certification in geri- (2) The American Association of Colleges rent resolution supporting the Local atrics. of Nursing reported that 42,866 qualified ap- Radio Freedom Act. The Nurse Faculty and Physical plicants were denied admission to nursing f Therapist Education Act will amend baccalaureate and graduate programs in 2006, the Public Health Service Act, to help with faculty shortages identified as a major STATEMENTS ON INTRODUCED alleviate the faculty shortage by pro- reason for turning away students. BILLS AND JOINT RESOLUTIONS viding funds to help nursing schools in- (3) Seventy-one percent of schools have re- By Mr. BINGAMAN (for himself crease enrollment and graduation from ported insufficient faculty as the primary reason for not accepting qualified applicants. and Mrs. LINCOLN): nursing doctoral programs. The act S. 1161. A bill to amend the Public The primary reasons for lack of faculty are will increase partnering opportunities lack of funds to hire new faculty, inability to Health Service Act to authorize pro- between academic institutions and identify, recruit and hire faculty in the com- grams to increase the number of nurse medical practices, enhance cooperative petitive job market as of May 2007, and lack faculty and to increase the domestic education, support marketing out- of nursing faculty available in different geo- nursing and physical therapy work- reach, and strengthen mentoring pro- graphic areas. force, and for other purposes; to the grams. The bill will increase the num- (4) Despite the fact that in 2006, 52.4 per- Committee on Health, Education, ber of nurses who complete nursing cent of graduates of doctoral nursing pro- Labor, and Pensions. doctoral programs and seek employ- grams enter education roles, the 103 doctoral Mr. BINGAMAN. Mr. President, I rise programs nationwide produced only 437 grad- ment as faculty members and nursing uates, which is only an additional 6 grad- today with my colleague Senator LIN- leaders in academic institutions. In ad- uates from 2005. This annual graduation rate COLN to introduce the Nurse Faculty dition, the bill authorizes awards to is insufficient to meet the needs for nurse and Physical Therapist Education Act train nursing faculty in clinical geri- faculty. In keeping with other professional of 2009. This legislation will help to ad- atrics, so that more nursing students academic disciplines, nurse faculty at col- dress the critical shortage of nurse fac- will be equipped for our aging popu- leges and universities are typically ulty and physical therapists that is lation. doctorally prepared. facing our Nation. The nationwide By addressing the faculty shortage, (5) The nursing faculty workforce is aging nursing shortage is growing rapidly, and will be retiring. we are addressing the nursing shortage. (6) With the average retirement age of because the average age of the nursing The aging population will also re- nurse faculty at 62.5 years of age, and the av- workforce is near retirement and be- quire additional health workers in erage age of doctorally prepared faculty, as cause the aging population has in- other fields. Physical therapy was list- of May 2007, that hold the rank of professor, creased health care needs. The short- ed as one of the fastest growing occu- associate professor, and assistant professor age is one that affects the entire Na- pations by the U.S. Department of is 58.6, 55.8, and 51.6 years, respectively, the tion. A 2006 Health Resources and Serv- Labor, with a projected job growth of health care system faces unprecedented ices Administration, HRSA, report es- greater than 36 percent between 2004 workforce and health access challenges with timated that the national nursing and 2014. The need for physical thera- current and future shortages of deans, nurse educators, and nurses. shortage would more than triple, to pists is particularly acute in rural and (7) Research by the National League of more than one million nurses, by the urban underserved areas, which have Nursing indicates that by 2019 approximately year 2020. The report also predicts that three to four times fewer physical 75 percent of the nursing faculty population all 50 States will experience nursing therapists per capita than suburban (as of May 2007) is expected to retire.

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(8) A wave of nurses will be retiring from ‘‘(D) the number of graduates employed ‘‘(1) PAYMENT.—Payments to an entity the profession in the near future. As of May part-time or full-time in a nursing faculty under a grant under this section shall be for 2007, the average age of a nurse in the United position; and a period of not to exceed 5 years. States is 46.8 years old. The Bureau of Labor ‘‘(E) retention in nursing faculty positions ‘‘(2) IMPROPER USE OF FUNDS.—An entity Statistics estimates that more than 1,200,000 within 1 year and 2 years of employment; that fails to use amounts received under a new and replacement registered nurses will ‘‘(5) agree to permit the Secretary to make grant under this section as provided for in be needed by 2014. on-site inspections, and to comply with the subsection (c) shall, at the discretion of the (9) By 2030, the number of adults age 65 and requests of the Secretary for information, to Secretary, be required to remit to the Fed- older is expected to double to 70,000,000, ac- determine the extent to which the school is eral Government not less than 80 percent of counting for 20 percent of the population. As complying with the requirements of this sec- the amounts received under the grant. the population ages, the demand for nurses tion; and ‘‘(g) REPORTS.— and nursing faculty will increase. ‘‘(6) meet such other requirements as de- ‘‘(1) EVALUATION.—The Secretary shall con- (10) Despite the need for nurses to treat an termined appropriate by the Secretary. duct an evaluation of the results of the ac- aging population, few registered nurses in ‘‘(c) USE OF FUNDS.—Not later than 1 year tivities carried out under grants under this the United States are trained in geriatrics. after the receipt of a grant under this sec- section. Less than 1 percent of practicing nurses have tion, an entity shall develop and implement ‘‘(2) REPORTS.—Not later than 3 years after a certification in geriatrics and 3 percent of a plan for using amounts received under this the date of the enactment of this section, the advanced practice nurses specialize in geri- grant in a manner that establishes not less Secretary shall submit to Congress an in- atrics. than 2 of the following: terim report on the results of the evaluation (11) Specialized training in geriatrics is ‘‘(1) Partnering opportunities with practice conducted under paragraph (1). Not later needed to treat older adults with multiple and academic institutions to facilitate doc- than 6 months after the end of the program health conditions and improve health out- toral education and research experiences under this section, the Secretary shall sub- comes. Approximately 80 percent of Medicare that are mutually beneficial. mit to Congress a final report on the results beneficiaries have 1 chronic condition, more ‘‘(2) Partnering opportunities with edu- of such evaluation. than 60 percent have 2 or more chronic con- cational institutions to facilitate the hiring ‘‘(h) STUDY.— ditions, and at least 10 percent have coexist- of graduates from the entity into nurse fac- ‘‘(1) IN GENERAL.—Not later than 3 years ing Alzheimer’s disease or other dementias ulty, prior to, and upon completion of the after the date of the enactment of this sec- that complicate their care and worsen health program. tion, the Comptroller General of the United outcomes. Two-thirds of Medicare spending ‘‘(3) Partnering opportunities with nursing States shall conduct a study and submit a is attributed to 20 percent of beneficiaries schools to place students into internship pro- report to Congress concerning activities to who have 5 or more chronic conditions. Re- grams which provide hands-on opportunity increase participation in the nurse educator search indicates that older persons receiving to learn about the nurse faculty role. program under the section. care from nurses trained in geriatrics are ‘‘(4) Cooperative education programs ‘‘(2) CONTENTS.—The report under para- less frequently readmitted to hospitals or among schools of nursing to share use of graph (1) shall include the following: transferred from nursing facilities to hos- technological resources and distance learn- ‘‘(A) An examination of the capacity of pitals than those who did not receive care ing technologies that serve rural students nursing schools to meet workforce needs on from a nurse trained in geriatrics. and underserved areas. a nationwide basis. (12) The Department of Labor projected ‘‘(5) Opportunities for minority and diverse ‘‘(B) An analysis and discussion of sustain- that the need for physical therapists would student populations (including aging nurses ability options for continuing programs be- increase by 36.7 percent between 2004 and in clinical roles) interested in pursuing doc- yond the initial funding period. 2014. toral education. ‘‘(C) An examination and understanding of (13) The need for physical therapists is par- ‘‘(6) Pre-entry preparation opportunities the doctoral degree programs that are suc- ticularly acute rural and urban underserved including programs that assist returning cessful in placing graduates as faculty in areas, which have 3 to 4 times fewer physical students in standardized test preparation, schools of nursing. therapists per capita than suburban areas. use of information technology, and the sta- ‘‘(D) An analysis of program design under TITLE I—GRANTS FOR NURSING tistical tools necessary for program enroll- this section and the impact of such design on EDUCATION ment. nurse faculty retention and workforce shortages. SEC. 101. NURSE FACULTY EDUCATION. ‘‘(7) A nurse faculty mentoring program. ‘‘(8) A Registered Nurse baccalaureate to ‘‘(E) An analysis of compensation dispari- Part D of title VIII of the Public Health Ph.D. program to expedite the completion of ties between nursing clinical practitioners Service Act (42 U.S.C. 296p et seq.) is amend- a doctoral degree and entry to nurse faculty and nurse faculty and between higher edu- ed by adding at the end the following: role. cation nurse faculty and higher education ‘‘SEC. 832. NURSE FACULTY EDUCATION. ‘‘(9) Career path opportunities for 2nd de- faculty overall. ‘‘(a) ESTABLISHMENT.—The Secretary, act- gree students to become nurse faculty. ‘‘(F) Recommendations to enhance faculty ing through the Health Resources and Serv- ‘‘(10) Marketing outreach activities to at- retention and the nursing workforce. ices Administration, shall establish a Nurse tract students committed to becoming nurse ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Faculty Education Program to ensure an faculty. ‘‘(1) IN GENERAL.—For the costs of carrying adequate supply of nurse faculty through the ‘‘(d) PRIORITY.—In awarding grants under out this section (except the costs described awarding of grants to eligible entities to— this section, the Secretary shall give pri- in paragraph (2), there are authorized to be ‘‘(1) provide support for the hiring of new ority to entities from States and territories appropriated $1,000,000 for fiscal year 2010, faculty, the retaining of existing faculty, that have a lower number of employed $2,000,000 for fiscal year 2011, and $3,000,000 and the purchase of educational resources; nurses per 100,000 population. for each of fiscal years 2012 through 2014. ‘‘(2) provide for increasing enrollment and ‘‘(2) ADMINISTRATIVE COSTS.—For the costs graduation rates for students from doctoral ‘‘(e) NUMBER AND AMOUNT OF GRANTS.— of administering this section, including the programs; and Grants under this section shall be awarded costs of evaluating the results of grants and ‘‘(3) assist graduates from the entity in as follows: submitting reports to the Congress, there are serving as nurse faculty in schools of nurs- ‘‘(1) In fiscal year 2010, the Secretary shall authorized to be appropriated such sums as ing; award 10 grants of $100,000 each. may be necessary for each of fiscal years 2010 ‘‘(b) ELIGIBILITY.—To be eligible to receive ‘‘(2) In fiscal year 2011, the Secretary shall through 2014.’’. award an additional 10 grants of $100,000 each a grant under subsection (a), an entity SEC. 102. GERIATRIC ACADEMIC CAREER shall— and provide continued funding for the existing grantees under paragraph (1) in the AWARDS FOR NURSES. ‘‘(1) be an accredited school of nursing that Part I of title VIII of the Public Health offers a doctoral degree in nursing in a State amount of $100,000 each. ‘‘(3) In fiscal year 2012, the Secretary shall Service Act (42 U.S.C. 298 et seq.) is amended or territory; by adding at the end the following: ‘‘(2) submit to the Secretary an application award an additional 10 grants of $100,000 each at such time, in such manner, and con- and provide continued funding for the exist- ‘‘SEC. 856. GERIATRIC FACULTY FELLOWSHIPS. taining such information as the Secretary ing grantees under paragraphs (1) and (2) in ‘‘(a) ESTABLISHMENT OF PROGRAM.—The may require; the amount of $100,000 each. Secretary shall establish a program to pro- ‘‘(3) develop and implement a plan in ac- ‘‘(4) In fiscal year 2013, the Secretary shall vide Geriatric Academic Career Awards to cordance with subsection (c); provide continued funding for each of the ex- eligible individuals to promote the career de- ‘‘(4) agree to submit an annual report to isting grantees under paragraphs (1) through velopment of such individuals as geriatric the Secretary that includes updated informa- (3) in the amount of $100,000 each. nurse faculty. tion on the doctoral program involved, in- ‘‘(5) In fiscal year 2014, the Secretary shall ‘‘(b) ELIGIBLE INDIVIDUALS.—To be eligible cluding information with respect to— provide continued funding for each of the ex- to receive an Award under subsection (a), an ‘‘(A) student enrollment; isting grantees under paragraphs (1) through individual shall— ‘‘(B) student retention; (3) in the amount of $100,000 each. ‘‘(1) be a registered nurse with a doctorate ‘‘(C) graduation rates; ‘‘(f) LIMITATIONS.— degree in nursing;

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‘‘(2)(A) have completed an approved ad- ‘‘(2) ADMINISTRATIVE COSTS.—To carry out each year, a description of the number of in- vanced education nursing program in geri- this section (except to fund Awards under dividuals who received their professional atric nursing or geropsychiatric nursing; or subsection (e)), there are authorized to be ap- education in the United States and the num- ‘‘(B) have a State or professional nursing propriated such sums as may be necessary ber of individuals who received such edu- certification in geriatric nursing or for each of fiscal years 2008 through 2016. cation outside the United States; and geropsychiatric nursing; and ‘‘(3) SEPARATION OF FUNDS.—The Secretary (v) to the extent practicable, a description, ‘‘(3) have a faculty appointment at an ac- shall ensure that the amounts appropriated by State of residence and country of edu- credited school of nursing, school of public pursuant to paragraph (1) are held in a sepa- cation, of the number of nurses and physical health, or school of medicine. rate account from the amounts appropriated therapists who were educated in any of the 5 ‘‘(c) APPLICATION.—An eligible individual pursuant to paragraph (2).’’. countries (other than the United States) desiring to receive an Award under this sec- TITLE II—DISTANCE EDUCATION PILOT from which the most nurses and physical tion shall submit to the Secretary an appli- PROGRAM AND OTHER PROVISIONS TO therapists arrived; cation at such time, in such manner, and INCREASE THE NURSING AND PHYSICAL (B) in consultation with the Department of containing such information as the Sec- THERAPY WORKFORCE Labor, enter into a contract with the Insti- retary may require, which shall include an tute of Medicine of the National Academy of assurance that the individual will meet the SEC. 201. INCREASING THE DOMESTIC SUPPLY Sciences for the conduct of a study and sub- service requirement described in subsection OF NURSES AND PHYSICAL THERA- mission of a report that includes— PISTS. (d). (i) a description of how the United States (a) ESTABLISHMENT OF NURSE AND PHYSICAL ‘‘(d) SERVICE REQUIREMENT.—An individual can balance health, education, labor, and im- THERAPISTS DISTANCE EDUCATION PILOT PRO- who receives an Award under this section migration policies to meet the respective GRAM.— shall provide training in clinical geriatrics, policy goals and ensure an adequate and (1) IN GENERAL.—The Secretary of Health including the training of interdisciplinary well-trained nursing and physical therapy and Human Services (referred to in this sec- teams of health care professionals. The pro- workforce; tion as the ‘‘Secretary’’), in conjunction vision of such training shall constitute at (ii) a description of the barriers to increas- least 50 percent of the obligations of such in- with the Secretary of Education, shall estab- ing the supply of nursing and physical ther- dividual under the Award. lish a Nurse and Physical Therapist Distance apy faculty, domestically trained nurses, and ‘‘(e) AMOUNT AND NUMBER.— Education Pilot Program through which domestically trained physical therapists; ‘‘(1) AMOUNT.—The amount of an Award grants may be awarded for the conduct of ac- (iii) recommendations of strategies to be under this section shall equal $75,000 annu- tivities to increase accessibility to nursing utilized by Federal and State governments ally, adjusted for inflation on the basis of and physical therapy education. that would be effective in removing the bar- the Consumer Price Index. The Secretary (2) PURPOSE.—The purpose of the Nurse and riers described in clause (ii), including strat- may increase the amount of an Award by not Physical Therapist Distance Education Pilot egies that address barriers to advancement more than 25 percent, taking into account Program established under paragraph (1) to become registered nurses for other health the fringe benefits and other research ex- shall be to increase accessibility to nursing care workers, such as home health aides and penses, at the recipient’s institutional rate. and physical therapy education to— nurses assistants; ‘‘(2) NUMBER.—The Secretary shall award (A) provide assistance to individuals in (iv) recommendations for amendments to up to 125 Awards under this section from 2008 rural areas who want to study nursing or Federal laws that would increase the supply through 2016. physical therapy to enable such individuals of nursing faculty, domestically trained ‘‘(3) REGIONAL DISTRIBUTION.— to receive appropriate nursing education and nurses, and domestically trained physical ‘‘(A) IN GENERAL.—The Secretary shall pro- physical therapy education; therapists; vide Awards to individuals from 5 regions in (B) promote the study of nursing and phys- (v) recommendations for Federal grants, the United States, of which— ical therapy at all educational levels; loans, and other incentives that would pro- ‘‘(i) 2 regions shall be an urban area; (C) establish additional slots for nursing vide increases in nurse and physical thera- ‘‘(ii) 2 regions shall be a rural area; and and physical therapy students at existing ac- pist educators and training facilities, and ‘‘(iii) 1 region shall include a State with— credited schools of nursing and physical other measures to increase the domestic edu- ‘‘(I) a medical school that has a depart- therapy education programs; and cation of new nurses and physical therapists; ment of geriatrics that manages rural out- (D) establish new nursing and physical (vi) an identification of the effects of nurse reach sites and is capable of managing pa- therapy education programs at institutions and physical therapist emigration on the tients with multiple chronic conditions, 1 of of higher education. health care systems in their countries of ori- which is dementia; and (3) APPLICATION.—To be eligible to receive gin; and ‘‘(II) a college of nursing that has a re- a grant under the Pilot Program under para- (vii) recommendations for amendments to quired course in geriatric nursing in the bac- graph (1), an entity shall submit to the Sec- Federal law that would minimize the effects calaureate program. retary an application at such time, in such of health care shortages in the countries of ‘‘(B) GEOGRAPHIC DIVERSITY.—The Sec- manner, and containing such information as origin from which immigrant nurses arrived; retary shall ensure that the 5 regions estab- the Secretary may require. and lished under subparagraph (A) are located in (4) AUTHORIZATION OF APPROPRIATIONS.— (C) collaborate with the heads of other different geographic areas of the United There is authorized to be appropriated such Federal agencies, as appropriate, in working States. sums as may be necessary to carry out this with ministers of health or other appropriate ‘‘(f) TERM OF AWARD.—The term of an subsection. officials of the 5 countries from which the Award made under this section shall be 5 (b) INCREASING THE DOMESTIC SUPPLY OF most nurses and physical therapists arrived years. NURSES AND PHYSICAL THERAPISTS.— into the United States, to— ‘‘(g) REPORTS.— (1) IN GENERAL.—Not later than January 1, (i) address health worker shortages caused ‘‘(1) EVALUATION.— 2010, the Secretary, in conjunction with the by emigration; and ‘‘(A) IN GENERAL.—The Secretary shall con- Secretary of Education, shall— (ii) ensure that there is sufficient human duct an evaluation of the results of the ac- (A) submit to Congress a report concerning resource planning or other technical assist- tivities carried out under the Awards estab- the country of origin or professional school ance needed to reduce further health worker lished under this section. of origin of newly licensed nurses and phys- shortages in such countries. ‘‘(B) REPORTS TO CONGRESS.—Not later ical therapists in each State, that shall in- (2) ACCESS TO DATA.—The Secretary shall than 3 years after the date of the enactment clude— grant the Institute of Medicine access to the of this section, the Secretary shall submit to (i) for the most recent 3-year period for data described under paragraph (1)(A), as Congress an interim report on the results of which data is available— such data becomes available to the Sec- the evaluation conducted under this para- (I) separate data relating to teachers at in- retary for use by the Institute in carrying graph. Not later than 180 days after the expi- stitutions of higher education for each re- out the activities under paragraph (1)(B). ration of the program under this section, the lated occupation who have been teaching for (3) AUTHORIZATION OF APPROPRIATIONS.— Secretary shall submit to Congress a final not more than 5 years; and There is authorized to be appropriated report on the results of such evaluation. (II) separate data relating to all teachers $1,400,000 to carry out paragraph (1)(B). ‘‘(2) CONTENT.—The evaluation under para- at institutions of higher education for each graph (1) shall examine— related occupation regardless of length of By Mr. FEINGOLD (for himself ‘‘(A) the program design under this section service; and Ms. COLLINS): and the impact of the design on nurse fac- (ii) for the most recent 3-year period for S. 1164. A bill to amend the Public ulty retention; and which data is available, separate data for Health Service Act to reauthorize the each related occupation and for each State; ‘‘(B) options for continuing the program Automated Defibrillation in Adam’s beyond fiscal year 2018. (iii) a separate identification of those indi- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— viduals receiving their initial professional li- Memory Act; to the Committee on ‘‘(1) IN GENERAL.—To fund Awards under cense and those individuals licensed by en- Health, Education, Labor, and Pen- subsection (e), there are authorized to be ap- dorsement from another State; sions. propriated $1,875,000 for each of fiscal years (iv) with respect to those individuals re- Mr. FEINGOLD. Mr. President, today 2010 through 2018. ceiving their initial professional license in I am introducing the reauthorization of

VerDate Nov 24 2008 00:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.024 S02JNPT1 smartinez on PROD1PC64 with SENATE S5948 CONGRESSIONAL RECORD — SENATE June 2, 2009 the Automated Defibrillators in fore reaching the hospital. Every Lemel, and give tomorrow’s pediatric Adam’s Memory Act, or the ADAM minute that passes before a cardiac ar- cardiac arrest victims a fighting Act. This bill is modeled after the suc- rest victim is defibrillated, the chance chance at life. cessful Project ADAM that originally of survival falls by as much as 10 per- This act exists because a family ex- began in Wisconsin, and will reauthor- cent. After only eight minutes, the vic- perienced the tragic loss of their son, ize a program to establish a national tim’s survival rate drops by 60 percent. but they were determined to spare clearing house to provide schools with This is why early intervention is essen- other families that same loss. I thank the ‘‘how-to’’ and technical advice to tial—a combination of CPR and use of Adam’s parents, Joe and Patty, for set up a public access defibrillation AEDs can save lives. their courageous efforts and I thank program. Heart disease is not only a problem them for everything they have done to Every 2 minutes, someone in America among adults. A few years ago I help the ADAM Act become law. Their falls into sudden cardiac arrest. By im- learned the story of Adam Lemel, a 17- actions take incredible bravery, and I proving access to AEDs, we can im- year-old high school student and a star commend them for their efforts. prove the survival rates of cardiac ar- basketball and tennis player in Wis- By making sure that AEDs are avail- rest in our communities. consin. Tragically, during a timeout able in our nation’s rural areas, schools In my home State of Wisconsin, as in while playing basketball at a neigh- and throughout our communities we many other states, heart disease is the boring Milwaukee high school, Adam can help those in a race against time number one killer. Nationwide, heart suffered sudden cardiac arrest, and died have a fighting chance of survival when disease is the cause of one out of every before the paramedics arrived. they fall victim to cardiac arrest. I 2.8 deaths. Overall, heart disease kills This story is incredibly tragic. Adam urge Congress to pass this reauthoriza- more Americans than breast cancer, had his whole life ahead of him, and tion, and to fund the ADAM Act and lung cancer, and HIV/AIDS combined. could quite possibly have been saved the Rural AED program at their full Cardiac arrest can strike anyone. with appropriate early intervention. In levels. We have the power to prevent Cardiac victims are in a race against fact, we have seen a number of exam- death—all we must do is act. time, and unfortunately, for too many ples in Wisconsin where early CPR and Mr. President, I ask unanimous con- of those in rural areas, Emergency access to defibrillation have saved sent that the text of the bill be printed Medical Services are unable to reach lives. in the RECORD. There being no objection, the text of people in need, and time runs out for Seventy miles away from Milwaukee, the bill was ordered to be printed in victims of cardiac arrest. It’s simply a 14-year-old boy collapsed while play- the RECORD, as follows: not possible to have EMS units next to ing basketball. Within three minutes, every farm and small town across the the emergency team arrived and began S. 1164 nation. CPR. Within five minutes of his col- Be it enacted by the Senate and House of Rep- Fortunately, recent technological ad- resentatives of the United States of America in lapse, the paramedics used an AED to Congress assembled, vances have made the newest genera- jump start his heart. Not only has this SECTION 1. SHORT TITLE. tion of AEDs inexpensive and simple to young man survived, doctors have iden- This Act may be cited as the ‘‘Automated operate. Because of these advance- tified his father and brother as having Defibrillation in Adam’s Memory Reauthor- ments in AED technology, it is now the same heart condition and have ization Act’’. practical to train and equip police offi- begun preventative treatments. SEC. 2. AMENDMENT TO PUBLIC HEALTH SERV- cers, teachers, and members of other These stories help to underscore ICE ACT. community organizations. some important issues. First, although Section 312 of the Public Health Service Over 163,000 Americans experience Act (42 U.S.C. 244) is amended— cardiac arrest is most common among (1) in subsection (c)(6), after ‘‘clearing- out-of-hospital sudden cardiac arrests adults, it can occur at any age—even in house’’ insert ‘‘, that shall be administered each year. Immediate CPR and early apparently healthy children and ado- by an organization that has substantial ex- defibrillation using an automated ex- lescents. Second, early intervention is pertise in pediatric education, pediatric med- ternal defibrillator, AED, can more essential—a combination of CPR and icine, and electrophysiology and sudden than double a victim’s chance of sur- the use of AEDs can save lives. Third, death,’’; and vival. By taking some relatively simple some individuals who are at risk for (2) in the first sentence of subsection (e), steps, we can give victims of cardiac sudden cardiac arrest can be identified. by striking ‘‘fiscal year 2003’’ and all that arrest a better chance of survival. After Adam Lemel suffered his car- follows through ‘‘2006’’ and inserting ‘‘for each of fiscal years 2003 through 2014’’. Over the past 9 years, I have worked diac arrest, his friend David Ellis with Senator SUSAN COLLINS, a Repub- joined forces with Children’s Hospital By Mr. FEINGOLD (for himself lican from Maine, on a number of ini- of Wisconsin to initiate Project ADAM and Ms. COLLINS): tiatives to empower communities to to bring CPR training and public ac- S. 1165. A bill to promote the develop- improve cardiac arrest survival rates. cess defibrillation into schools, educate ment of health care cooperatives that We have pushed Congress to support communities about preventing sudden will help businesses to pool the health rural first responders—local police and cardiac deaths and save lives. care purchasing power of employers, fire and rescue services—in their ef- Today, Project ADAM has introduced and for other purposes; to the Com- forts to provide early defibrillation. AEDs into several Wisconsin schools, mittee on Health, Education, Labor, Congress heard our call, and responded and has been a model for programs in and Pensions. by enacting two of our bills, the Rural Washington, Florida, Michigan and Mr. FEINGOLD. Mr. President, Access to Emergency Devices Act and elsewhere. Project ADAM provides a today, along with my colleague Sen- the ADAM Act. model for the nation, and now, with ator COLLINS from Maine, I am reintro- The Rural Access to Emergency De- the enactment of this new law, more ducing legislation to help businesses vices program allows community part- schools will have access to the infor- form group-purchasing cooperatives to nerships across the country to receive mation they seek to launch similar obtain enhanced benefits, to reduce a grant enabling them to purchase programs. health care rates, and to improve qual- defibrillators, and receive the training The ADAM Act was passed into law ity for their employees’ health care. needed to use these devices. This pro- in 2003, but has yet to be funded. I have High health care costs are burdening gram is entering its ninth year of help- been very proud to play a part in hav- businesses and employees across the ing rural communities purchase ing this bill signed into law, and it is nation. These costs are digging into defibrillators and train first respond- my hope that the reauthorization of profits and preventing access to afford- ers, and I am pleased to say that grants the Act will quickly pass through the able health care. Too many patients have already put defibrillators in rural Congress and into law, and that fund- feel trapped by the system, with deci- communities all over the country, ing will follow. It would not take much sions about their health dictated by helping those communities be better money to fund this program and save costs rather than by what they need. prepared when cardiac arrest strikes. lives across the country. Nationally, the annual average cost Approximately ninety-five percent of The ADAM Act is one way we can to an employer for an individual em- sudden cardiac arrest victims die be- honor the life of children like Adam ployee’s health care is $3,983. For a

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It is large businesses that sponsor their own sent that the text of the bill be printed crucial that we support successful local health plans, while the second program in the RECORD. initiatives to reduce health care pre- would help small businesses that pur- There being no objection, the text of miums and to improve the quality of chase their health insurance. the bill was ordered to be printed in employees’ health care. My bill would enable larger busi- the RECORD, as follows: By using group purchasing to obtain nesses to form cost-effective coopera- S. 1165 rate discounts, some employers have tives that could offer high-quality Be it enacted by the Senate and House of Rep- been able to reduce the cost of health health care through several ways. resentatives of the United States of America in care premiums for their employees. Ac- First, they could obtain health services Congress assembled, cording to the National Business Coali- through pooled purchasing from physi- SECTION 1. SHORT TITLE. tion on Health, there are nearly 60 em- cians, hospitals, home health agencies, This Act may be cited as the ‘‘Promoting ployer-led coalitions across the U.S. and others. By pooling their experience Health Care Purchasing Cooperatives Act’’. that collectively purchase health care. and interests, employers involved in a SEC. 2. FINDINGS AND PURPOSE. Through these pools, businesses are coalition could better address essential (a) FINDINGS.—Congress makes the fol- able to proactively challenge high issues, such as rising health insurance lowing findings: costs and inefficient delivery of health rates and the lack of comparable (1) Health care spending in the United care and share information on quality. health care quality data. They would States has reached 16.2 percent of the Gross These coalitions represent over 7,000 be able to share information regarding Domestic Product of the United States, yet over 46,000,000 people remain uninsured. employers nationwide. the quality of these services and to (2) After nearly a decade of manageable in- Improving the quality of health care partner with these health care pro- creases in commercial insurance premiums, will also lower the cost of care. By in- viders to meet the needs of their em- many employers are now faced with consecu- vesting in the delivery of high-quality ployees. tive years of double digit premium increases. health care, we will be able to lower For smaller businesses that purchase (3) Purchasing cooperatives owned by par- long term health care costs. Effective their health insurance, the formation ticipating businesses are a proven method of care, such as high-quality preventive of cooperatives would allow them to achieving the bargaining power necessary to services, can reduce overall health care buy health insurance at lower prices manage the cost and quality of employer- expenditures. Health purchasing coali- through pooled purchasing. Also, the sponsored health plans and other employee benefits. tions help promote these services and communication within these coopera- (4) The Employer Health Care Alliance Co- act as an employer forum for net- tives would provide employees of small operative has provided its members with working and education on health care businesses with better information health care purchasing power through pro- cost containment strategies. They can about the health care options that are vider contracting, data collection, activities help foster a dialogue with health care available to them. Finally, coalitions to enhance quality improvements in the providers, insurers, and local HMOs. would serve to promote quality im- health care community, and activities to Health care markets are local. Prob- provements by facilitating partner- promote employee health care consumerism. lems with cost, quality, and access to ships between their group and the (5) According to the National Business Co- alition on Health, there are nearly 60 em- health care are felt most intensely in health care providers. ployer-led coalitions across the United the local markets. Health care coali- By working together, the group could States that collectively purchase health tions can function best when they are develop better insurance plans and ne- care, proactively challenge high costs and formed and implemented locally. Local gotiate better rates. the inefficient delivery of health care, and employers of large and small busi- This legislation also tries to allevi- share information on quality. These coali- nesses have formed health care coali- ate the burden that our Nation’s farm- tions represent more than 7,000 employers, tions to track health care trends, cre- ers face when trying to purchase health and approximately 25,000,000 employees and ate a demand for quality and safety, care for themselves, their families, and their dependents. and encourage group purchasing. their employees. Because the health in- (b) PURPOSE.—It is the purpose of this Act surance industry looks upon farming as to build off of successful local employer-led In Wisconsin, there have been various health insurance initiatives by improving successful initiatives that have formed a high-risk profession, many farmers the value of their employees’ health care. health care purchasing cooperatives to are priced out of, or simply not offered, SEC. 3. GRANTS TO SELF INSURED BUSINESSES improve quality of care and to reduce health insurance. By helping farmers TO FORM HEALTH CARE COOPERA- cost. For example, the Employer join cooperatives to purchase health TIVES. Health Care Alliance Cooperative, an insurance, we will help increase their (a) AUTHORIZATION.—The Secretary of employer-owned and employer-directed health insurance options. Health and Human Services (in this Act re- not-for-profit cooperative, has devel- Past health purchasing pool initia- ferred to as the ‘‘Secretary’’), acting through tives have focused only on cost and the Director of the Agency for Healthcare oped a network of health care providers Research and Quality, is authorized to award in Dane County and 13 surrounding have tried to be all things for all peo- grants to eligible groups that meet the cri- counties on behalf of more than 160 ple. My legislation creates an incentive teria described in subsection (d), for the de- member employers. Through this pool- to join the pools by giving grants to a velopment of health care purchasing co- ing effort, employers are able to obtain group of similar businesses to form operatives. Such grants may be used to pro- affordable, high-quality health care for group-purchasing cooperatives. The vide support for the professional staff of such their more than 80,000 employees and pools are also given flexibility to find cooperatives, and to obtain contracted serv- dependents. innovative ways to lower costs, such as ices for planning, development, and imple- This legislation seeks to build on enhancing benefits—for example, more mentation activities for establishing such health care purchasing cooperatives. preventive care—and improving qual- successful local initiatives, such as the (b) ELIGIBLE GROUP DEFINED.— Alliance, that help businesses to join ity. Finally, the cooperative structure (1) IN GENERAL.—In this section, the term together to increase access to afford- is a proven model, which creates an in- ‘‘eligible group’’ means a consortium of 2 or able and high-quality health care. centive for businesses to remain in the more self-insured employers, including agri- The Promoting Health Care Pur- pool because they will be invested in cultural producers, each of which are respon- chasing Cooperatives Act would au- the organization. sible for their own health insurance risk pool thorize grants to groups of businesses We must reform health care in Amer- with respect to their employees. so that they could form group-pur- ica and give employers and employees (2) NO TRANSFER OF RISK.—Individual em- more options. This legislation, by pro- ployers who are members of an eligible group chasing cooperatives to obtain en- may not transfer insurance risk to such hanced benefits, reduce health care viding for the formation of cost-effec- group. rates, and improve quality. tive coalitions that will also improve (c) APPLICATION.—To be eligible to receive This legislation offers two separate the quality of care, contributes to this a grant under this section, an eligible group grant programs to help different types essential reform process. I urge my col- shall submit to the Secretary an application

VerDate Nov 24 2008 00:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.028 S02JNPT1 smartinez on PROD1PC64 with SENATE S5950 CONGRESSIONAL RECORD — SENATE June 2, 2009 at such time, in such manner, and accom- the Secretary shall study the programs fund- oversight is governed by such rules of the panied by such information as the Secretary ed under the grants and submit to the appro- Senate and the House of Representatives, the may require. priate committees of Congress a report on people of the United States will not get the (d) CRITERIA.— the progress of such programs in improving security they want and need; (1) FEASIBILITY STUDY GRANTS.— the access of employees to quality, afford- Whereas in its final report, the 9/11 Com- (A) IN GENERAL.—An eligible group may able health insurance. mission further found that a strong, stable, submit an application under subsection (c) (2) SLIDING SCALE FUNDING.—The Secretary and capable congressional committee struc- for a grant to conduct a feasibility study shall use the information included in the re- ture is needed to give the intelligence com- concerning the establishment of a health in- port submitted under paragraph (1) to estab- munity of the United States appropriate surance purchasing cooperative. The Sec- lish a schedule for scaling back payments oversight, support, and leadership; retary shall approve applications submitted under this section with the goal of ensuring Whereas in its final report, the 9/11 Com- under the preceding sentence if the study that programs funded with grants under this mission further found that the reforms rec- will consider the criteria described in para- section are self sufficient within 10 years. ommended by the 9/11 Commission in its graph (2). SEC. 4. GRANTS TO SMALL BUSINESSES TO FORM final report will not succeed if congressional (B) REPORT.—After the completion of a fea- HEALTH CARE COOPERATIVES. oversight of the intelligence community in sibility study under a grant under this sec- The Secretary shall carry out a grant pro- the United States is not changed; tion, an eligible group shall submit to the gram that is identical to the grant program Whereas in its final report, the 9/11 Com- Secretary a report describing the results of provided for in section 3, except that an eli- mission recommended structural changes to such study. gible group for purposes of a grant under this Congress to improve the oversight of intel- (2) GRANT CRITERIA.—The criteria described section shall be a consortium of 2 or more ligence activities; in this paragraph include the following with employers, including agricultural producers, Whereas in its final report, the 9/11 Com- respect to the eligible group involved: each of which— mission further recommended that the au- (A) The ability of the group to effectively (1) have 99 employees or less; and thorizing authorities and appropriating au- pool the health care purchasing power of em- (2) are purchasers of health insurance (are thorities with respect to intelligence activi- ployers. not self-insured) for their employees. ties in each house of Congress be combined (B) The ability of the group to provide data SEC. 5. AUTHORIZATION OF APPROPRIATIONS. into a single committee in each house of to employers to enable such employers to From the administrative funds provided to Congress; make data-based decisions regarding their the Secretary for each fiscal year, the Sec- Whereas Congress has enacted some of the health plans. retary may use not to exceed a total of recommendations made by the 9/11 Commis- (C) The ability of the group to drive qual- $60,000,000 for fiscal years 2009 through 2018 sion and is considering implementing addi- ity improvement in the health care commu- to carry out this Act. tional recommendations of the 9/11 Commis- nity. f sion; and (D) The ability of the group to promote SUBMITTED RESOLUTIONS Whereas the Senate adopted Senate Reso- health care consumerism through employee lution 445 in the 108th Congress to address education, self-care, and comparative pro- some of the intelligence oversight rec- vider performance information. SENATE RESOLUTION 164—AMEND- ommendations of the 9/11 Commission by (E) The ability of the group to meet any ING SENATE RESOLUTION 400, abolishing term limits for the members of other criteria determined appropriate by the 94TH CONGRESS, AND SENATE the Select Committee on Intelligence, clari- Secretary. RESOLUTION 445, 108TH CON- fying jurisdiction for intelligence-related (e) COOPERATIVE GRANTS.—After the sub- nominations, and streamlining procedures mission of a report by an eligible group GRESS, TO IMPROVE CONGRES- SIONAL OVERSIGHT OF THE IN- for the referral of intelligence-related legis- under subsection (d)(1)(B), the Secretary lation, but other aspects of the 9/11 Commis- shall determine whether to award the group TELLIGENCE ACTIVITIES OF THE sion recommendations regarding intelligence a grant for the establishment of a coopera- UNITED STATES, TO PROVIDE A oversight have not been implemented: Now, tive under subsection (a). In making a deter- STRONG, STABLE, AND CAPABLE therefore, be it mination under the preceding sentence, the CONGRESSIONAL COMMITTEE Resolved, Secretary shall consider the criteria de- STRUCTURE TO PROVIDE THE scribed in subsection (d)(2) with respect to SECTION 1. PURPOSES. the group. INTELLIGENCE COMMUNITY AP- (f) COOPERATIVES.— PROPRIATE OVERSIGHT, SUP- The purposes of this resolution are— (1) IN GENERAL.—An eligible group awarded PORT, AND LEADERSHIP, AND (1) to improve congressional oversight of a grant under subsection (a) shall establish TO IMPLEMENT A KEY REC- the intelligence activities of the United or expand a health insurance purchasing co- States; OMMENDATION OF THE NA- (2) to provide a strong, stable, and capable operative that shall— TIONAL COMMISSION ON TER- (A) be a nonprofit organization; congressional committee structure to pro- (B) be wholly owned, and democratically RORIST ATTACKS UPON THE vide the intelligence community appropriate governed by its member-employers; UNITED STATES oversight, support, and leadership; (C) exist solely to serve the membership Mr. FEINGOLD (for himself, Mr. (3) to implement a key recommendation of the National Commission on Terrorist At- base; BURR, Mr. BAYH, Ms. SNOWE, and Mr. tacks Upon the United States (the ‘‘9/11 Com- (D) be governed by a board of directors MCCAIN) submitted the following reso- that is democratically elected by the cooper- mission’’) that structural changes be made lution; which was referred to the Com- to Congress to improve the oversight of in- ative membership using a 1-member, 1-vote mittee on Rules and Administration: standard; and telligence activities; and (E) accept any new member in accordance S. RES. 164 (4) to provide vigilant legislative oversight with specific criteria, including a limitation Whereas the National Commission on Ter- over the intelligence activities of the United on the number of members, determined by rorist Attacks Upon the United States (here- States to ensure that such activities are in the Secretary. inafter referred to as the ‘‘9/11 Commission’’) conformity with the Constitution and laws (2) AUTHORIZED COOPERATIVE ACTIVITIES.—A conducted a lengthy review of the facts and of the United States. cooperative established under paragraph (1) circumstances relating to the terrorist at- SEC. 2. INTELLIGENCE OVERSIGHT. shall— tacks of September 11, 2001, including those (A) assist the members of the cooperative relating to the intelligence community, law (a) AUTHORITY OF THE SELECT COMMITTEE in pooling their health care insurance pur- enforcement agencies, and the role of con- ON INTELLIGENCE.—Paragraph (5) of section chasing power; gressional oversight and resource allocation; 3(a) of Senate Resolution 400, agreed to May (B) provide data to improve the ability of Whereas in its final report, the 9/11 Com- 19, 1976 (94th Congress), is amended in that the members of the cooperative to make mission found that congressional oversight matter preceding subparagraph (A) by strik- data-based decisions regarding their health of the intelligence activities of the United ing the comma following ‘‘authorizations for plans; States is dysfunctional; appropriations’’ and inserting ‘‘and appro- (C) conduct activities to enhance quality Whereas in its final report, the 9/11 Com- priations,’’. mission further found that under the rules of improvement in the health care community; (b) ABOLISHMENT OF THE SUBCOMMITTEE ON the Senate and the House of Representatives (D) work to promote health care con- INTELLIGENCE.—Senate Resolution 445, in effect at the time the report was com- sumerism through employee education, self- agreed to October 9, 2004, (108th Congress), is care, and comparative provider performance pleted, the committees of Congress charged amended by striking section 402. information; and with oversight of the intelligence activities (E) conduct any other activities deter- lacked the power, influence, and sustained Mr. FEINGOLD. Mr. President, I am mined appropriate by the Secretary. capability to meet the daunting challenges introducing today, along with Senators (g) REVIEW.— faced by the intelligence community of the (1) IN GENERAL.—Not later than 1 year after United States; BURR, BAYH, SNOWE and MCCAIN, a res- the date on which grants are awarded under Whereas in its final report, the 9/11 Com- olution that will implement a key rec- this section, and every 2 years thereafter, mission further found that as long as such ommendation of the 9/11 Commission—

VerDate Nov 24 2008 02:05 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.033 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5951 the granting of appropriations author- administration sought to hide the are being met, for children of members of ity to the Senate Intelligence Com- CIA’s detention and interrogation and both the regular and reserve components; mittee. This effort to reform and im- the NSA’s warrantless wiretapping pro- Whereas military families often face prove congressional oversight has a grams from Congress. But the inau- unique challenges and difficulties that are inherent to military life, including long sep- long bipartisan history. It began as an guration of a new president has not re- arations from loved ones, the repetitive de- amendment offered by Senator MCCAIN moved all impediments to effective mands of frequent deployments, and frequent to the 2004 reorganizing resolution that oversight, nor is it a guarantee that se- uprooting of community ties resulting from accompanied the intelligence reform rious abuses won’t occur in the future. moves to bases across the country and over- bill. And, in the last Congress, this res- That is why the implementation of this seas; olution was introduced by Senator reform is just as important as ever and Whereas thousands of military family BURR. It should also be noted that it why this resolution has bipartisan sup- members have taken on volunteer respon- has the same bipartisan set of cospon- port. sibilities to assist units and members of the Armed Forces who have been deployed by sors as it did last year, despite the In the end, this reform is not just supporting family readiness groups, helping change of administration. This under- about our constitutional system, as military spouses meet the demands of a sin- scores the principle that effective con- important as that is. It is about how gle parent during a deployment, or providing gressional oversight is neither a par- best to protect the American people. a shoulder to cry on or the comfort of under- tisan nor political issue and that it has As Lee Hamilton testified, ‘‘the strong standing; nothing to do with who the President point simply is that the Senate of the Whereas military families provide mem- is. It is about ensuring that the Intel- U.S. and the House of the U.S. is not bers of the Armed Forces with the strength ligence Community is keeping America doing its job. And because you are not and emotional support that is needed from the home front for members preparing to de- safe, complying with the Constitution doing the job, the country is not as ploy, who are deployed, or who are returning and laws of our country, and using tax- safe as it ought to be, because one of from deployment; payer dollars in an appropriate man- my premises is that robust oversight is Whereas some military families have given ner. necessary for a stronger intelligence the ultimate sacrifice in the loss of a prin- Next month will mark the 5th anni- community.’’ cipal family member in defense of the United versary of the release of the 9/11 Com- The implementation of this reform is States; and mission’s report. The country is by now long overdue. It has been more than Whereas 2009 would be an appropriate year familiar with the many recommenda- seven and a half years since the at- to designate as the ‘‘Year of the Military Family’’: Now, therefore be it tions of the Commission that have been tacks of 9/11, almost 5years since the 9/ Resolved by the Senate, That the Senate— implemented, including the establish- 11 Commission made this recommenda- (1) expresses its deepest appreciation to the ment of the DNI and the National tion, and a year and a half since the families of members of the Armed Forces Counterterrorism Center. Yet, the Senate Intelligence Committee heard who serve, or have served, in defense of the Commission stressed that, ‘‘Of all our directly from former Chairman Ham- United States; recommendations, strengthening con- ilton and former Vice Chairman Kean. (2) recognizes the contributions that mili- gressional oversight may be among the There should be no more excuses, or tary families make, and encourages the peo- most difficult and important.’’ ple of the United States to share their appre- delays. ciation for the sacrifices military families In November 2007, Lee Hamilton, the f give on behalf of the United States; and former Vice Chairman of the Commis- SENATE RESOLUTION 165—TO EN- (3) encourages the people of the United sion testified to the Senate Intel- States and the Department of Defense to ob- ligence Committee on behalf of himself COURAGE RECOGNITION OF 2009 serve the ‘‘Year of Military Family’’ with ap- and former Chairman Tom Kean and AS THE ‘‘YEAR OF THE MILI- propriate ceremonies and activities. TARY FAMILY’’ again emphasized what needs to be f Mr. LEVIN (for himself, Mr. MCCAIN, done. He testified that: SENATE RESOLUTION 166—TO AU- Mr. NELSON of Nebraska, and Mr. The single most important step to THORIZE THE PRINTING OF A strengthen the power of the intelligence GRAHAM) submitted the following reso- COLLECTION OF THE RULES OF committees is to give them the power of the lution; which was considered and THE COMMITTEES OF THE SEN- purse. Without it, they will be marginalized. agreed to: The intelligence community will not ignore ATE S. RES. 165 you, but they will work around you. In a Mr. SCHUMER submitted the fol- crunch, they will go to the Appropriations Whereas there are more than 1.8 million family members of regular component mem- lowing resolution; which was consid- Committee. Within the Congress, the two ered and agreed to: bodies with the jurisdiction, time and exper- bers of the Armed Forces and an additional tise to carry out a careful review of the 1.1 million family members of reserve com- S. RES. 166 budget and activities of the Intelligence ponent members; Resolved, That a collection of the rules of Community are the Senate and House intel- Whereas slightly more than half of all the committees of the Senate, together with ligence committees. Yet all of us have to live members of the regular and reserve compo- related materials, be printed as a Senate by the Gold Rule: That is, he who controls nents are married, and just over 40 percent of document, and that there be printed 300 addi- the Gold makes the Rules. military spouses are 30 years or younger and tional copies of such document for the use of 60 percent of military spouses are under 36 the Committee on Rules and Administration. The testimony of the former Chair- years of age; man and Vice Chairman highlighted Whereas there are nearly 1.2 million chil- AMENDMENTS SUBMITTED AND three practical examples of why this dren between the ages of birth and 23 years PROPOSED particular reform is so critical. First, if who are dependents of regular component SA 1225. Mr. COBURN submitted an and when the U.S. goes to war, the de- members, and there are over 713,000 children amendment intended to be proposed by him cision will ride largely on intel- between such ages who are dependents of re- to the bill H.R. 1256, to protect the public ligence—and oversight is critical to en- serve component members; health by providing the Food and Drug Ad- suring that the intelligence commu- Whereas the largest group of minor chil- ministration with certain authority to regu- dren of regular component members consist late tobacco products, to amend title 5, nity gets it right. Second, oversight is of children between the ages of birth and 5 necessary to safeguard the privacy and United States Code, to make certain modi- years, while the largest group of minor chil- fications in the Thrift Savings Plan, the civil liberties of Americans in an age of dren of reserve component members consist Civil Service Retirement System, and the enhanced collection capabilities and of children between the ages of 6 and 14 Federal Employees’ Retirement System, and data mining. Third, the success of in- years; for other purposes; which was ordered to lie telligence reform requires sustained Whereas the needs, resources, and chal- on the table. congressional oversight. lenges confronting a military family, par- SA 1226. Mr. COBURN submitted an amend- Vigorous, effective, independent con- ticularly when a member of the family has ment intended to be proposed by him to the gressional oversight is fundamental to been deployed, vastly differ between younger bill H.R. 1256, supra; which was ordered to lie age children and children who are older; on the table. the checks and balances of our con- Whereas the United States recognizes that SA 1227. Mr. COBURN submitted an stitutional system. In recent years, we military families are also serving their coun- amendment intended to be proposed by him have seen outright contempt for this try, and the United States must ensure that to the bill H.R. 1256, supra; which was or- oversight, particularly as the previous all the needs of military dependent children dered to lie on the table.

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G02JN6.025 S02JNPT1 smartinez on PROD1PC64 with SENATE S5952 CONGRESSIONAL RECORD — SENATE June 2, 2009 SA 1228. Mr. HATCH submitted an amend- At the appropriate place in division A in- the provisions of this Act, the amendments ment intended to be proposed by him to the sert the following: made by this Act, and the implementing reg- bill H.R. 1256, supra; which was ordered to lie SEC. ll. INDEPENDENT STUDY OF FEDERAL TO- ulations (including such provisions, amend- on the table. BACCO REGULATORY ACTIVITIES ments, and regulations relating to the retail SA 1229. Mr. DORGAN (for himself, Ms. EFFECTIVENESS. sale of tobacco products) apply to, and are SNOWE, Mr. MCCAIN, Ms. STABENOW, Mr. (a) IN GENERAL.—Not later than 12 months enforced with respect to, Indian tribes. SANDERS, and Ms. KLOBUCHAR) submitted an after the date of enactment of this Act, the (6) QUALIFIED ADULT-ONLY FACILITY.—A amendment intended to be proposed by him Comptroller General of the United States qualified adult-only facility (as such term is to the bill H.R. 1256, supra; which was or- shall— defined in section 897.16(d) of the final rule dered to lie on the table. (1) develop performance measures for the published under paragraph (1)) that is also a Food and Drug Administration’s regulatory f retailer and that commits a violation as a activities with respect to tobacco; and retailer shall not be subject to the limita- TEXT OF AMENDMENTS (2) recommend program evaluations that tions in section 103(q) and shall be subject to should be conducted for programs and activi- SA 1225. Mr. COBURN submitted an penalties applicable to a qualified adult-only ties related to tobacco regulation that are facility. amendment intended to be proposed by administered by the Food and Drug Adminis- him to the bill H.R. 1256, to protect the (7) CONGRESSIONAL REVIEW PROVISIONS.— tration. Section 801 of title 5, United States Code, (b) CONTENTS.—The performance measures public health by providing the Food shall not apply to the final rule published developed under subsection (a) shall— and Drug Administration with certain under paragraph (1). (1) to the maximum extent practicable authority to regulate tobacco products, (b) LIMITATION ON ADVISORY OPINIONS.—As draw on research-based, quantitative data; to amend title 5, United States Code, of the date of enactment of this Act, the fol- (2) take into account program and activity to make certain modifications in the lowing documents issued by the Food and purpose and design; Drug Administration shall not constitute ad- Thrift Savings Plan, the Civil Service (3) include criteria to evaluate the cost ef- visory opinions under section 10.85(d)(1) of Retirement System, and the Federal fectiveness of programs and activities con- title 21, Code of Federal Regulations, except Employees’ Retirement System, and ducted by the Food and Drug Administration as they apply to tobacco products, and shall for other purposes; which was ordered related to tobacco; not be cited by the Secretary of Health and (4) include criteria to evaluate the admin- to lie on the table; as follows: Human Services or the Food and Drug Ad- istration and management of programs and At the appropriate place insert the fol- ministration as binding precedent: activities conducted by the Food and Drug lowing: (1) The preamble to the proposed rule in Administration related to tobacco; SEC. ll. MARIJUANA. the document titled ‘‘Regulations Restrict- (5) include criteria to evaluate harm-reduc- (a) IN GENERAL.—The Secretary of Health ing the Sale and Distribution of Cigarettes tion strategies approved by the Food and and Human Services shall— and Smokeless Tobacco Products to Protect Drug Administration; (1) require that if a State permits the use Children and Adolescents’’ (60 Fed. Reg. (6) include criteria to evaluate whether of marijuana without adhering to the estab- 41314–41372 (August 11, 1995)). consumers are better informed relating to lished legal processes associated with the (2) The document titled ‘‘Nicotine in Ciga- health and dependency effects or safety of Federal Food, Drug, and Cosmetic Act, the rettes and Smokeless Tobacco Products is a tobacco; State-permitted marijuana shall be subject Drug and These Products Are Nicotine Deliv- (7) include criteria to evaluate if the Food to the full regulatory requirements of the ery Devices Under the Federal Food, Drug, and Drug Administration’s programs make Food and Drug Administration, including a and Cosmetic Act’’ (60 Fed. Reg. 41453–41787 tobacco less accessible to minors; and risk evaluation and mitigation strategy and (August 11, 1995)). (8) include criteria to evaluate whether the all other requirements and penalties of the (3) The preamble to the final rule in the Food and Drug Administration’s programs Federal Food, Drug, and Cosmetic Act (21 document titled ‘‘Regulations Restricting have encouraged smoking cessation and re- U.S.C. 301 et seq.) regarding safe and effec- the Sale and Distribution of Cigarettes and duced tobacco-related disease tive reviews, approval, sale, marketing, and Smokeless Tobacco to Protect Children and (c) REPORT.—Not later than 2 years after use of pharmaceuticals; and the development of the performance meas- Adolescents’’ (61 Fed. Reg. 44396–44615 (Au- (2) require that any State-permitted mari- ures under subsection (a), and every 5 years gust 28, 1996)). juana likely to be offered to, or purchased thereafter, the Comptroller General of the (4) The document titled ‘‘Nicotine in Ciga- by, consumers as marijuana intended to be United States shall prepare and submit to rettes and Smokeless Tobacco is a Drug and consumed as a cigarette will be subject to the Committee on Health, Education, Labor, These Products are Nicotine Delivery De- section 900 of the Federal Food Drug and and Pensions of the Senate and the Com- vices Under the Federal Food, Drug, and Cos- Cosmetic Act (as amended by section 101). mittee on Energy and Commerce of the metic Act; Jurisdictional Determination’’ (61 (b) MODIFICATION OF STATE LAWS.— House of Representatives, a report con- Fed. Reg. 44619–45318 (August 28, 1996)). N GENERAL (1) I .—Section 1926 of the Public taining an assessment of each such program SEC. 103. CONFORMING AND OTHER AMEND- Health Service Act (42 U.S.C. 300x-26) is and activity with respect to the performance MENTS TO GENERAL PROVISIONS. amended— measures and program evaluations developed (a) AMENDMENT OF FEDERAL FOOD, DRUG, (A) in the section heading, by inserting under subsection (a). AND COSMETIC ACT.—Except as otherwise ex- ‘‘AND MARIJUANA’’ after ‘‘TOBACCO’’; pressly provided, whenever in this section an (B) in subsection (a)(1), by inserting ‘‘or SA 1227. Mr. COBURN submitted an amendment is expressed in terms of an marijuana’’ after ‘‘tobacco’’; and amendment intended to be proposed by amendment to, or repeal of, a section or (C) in subsection (b)— him to the bill H.R. 1256, to protect the other provision, the reference is to a section (i) in paragraph (1), by inserting ‘‘and public health by providing the Food or other provision of the Federal Food, Drug, marijuana’’ after ‘‘tobacco’’; and and Drug Administration with certain and Cosmetic Act (21 U.S.C. 301 et seq.). (ii) in paragraph (2)(B)(ii), by inserting (b) SECTION 301.—Section 301 (21 U.S.C. 331) ‘‘and marijuana’’ after ‘‘tobacco’’. authority to regulate tobacco products, to amend title 5, United States Code, is amended— (2) EFFECTIVE DATE.—The amendments (1) in subsection (a), by inserting ‘‘tobacco made by paragraph (1) shall apply with re- to make certain modifications in the Thrift Savings Plan, the Civil Service product,’’ after ‘‘device,’’; spect to State laws beginning in fiscal year (2) in subsection (b), by inserting ‘‘tobacco 2010, except that in the case of a State whose Retirement System, and the Federal product,’’ after ‘‘device,’’; legislature does not convene a regular ses- Employees’ Retirement System, and (3) in subsection (c), by inserting ‘‘tobacco sion in fiscal year 2009, such amendments for other purposes; which was ordered product,’’ after ‘‘device,’’; shall apply beginning in fiscal year 2011. to lie on the table; as follows: (4) in subsection (e)— (A) by striking the period after ‘‘572(i)’’; SA 1226. Mr. COBURN submitted an Beginning in section 102(a) of division A, strike paragraph (5) and all that follows and amendment intended to be proposed by through section 103(g) of such division and (B) by striking ‘‘or 761 or the refusal to him to the bill H.R. 1256, to protect the insert the following: permit access to’’ and inserting ‘‘761, 909, or public health by providing the Food (5) ENFORCEMENT.— 920 or the refusal to permit access to’’; and Drug Administration with certain (A) IN GENERAL.—The Secretary of Health (5) in subsection (g), by inserting ‘‘tobacco authority to regulate tobacco products, and Human Services shall ensure that the product,’’ after ‘‘device,’’; to amend title 5, United States Code, provisions of this Act, the amendments made (6) in subsection (h), by inserting ‘‘tobacco to make certain modifications in the by this Act, and the implementing regula- product,’’ after ‘‘device,’’; Thrift Savings Plan, the Civil Service tions (including such provisions, amend- (7) in subsection (j)— ments, and regulations relating to the retail (A) by striking the period after ‘‘573’’; and Retirement System, and the Federal sale of tobacco products) are enforced with (B) by striking ‘‘708, or 721’’ and inserting Employees’ Retirement System, and respect to the United States. ‘‘708, 721, 904, 905, 906, 907, 908, 909, or 920(b)’’; for other purposes; which was ordered (B) INDIAN TRIBES.—The Secretary of (8) in subsection (k), by inserting ‘‘tobacco to lie on the table; as follows: Health and Human Services shall ensure that product,’’ after ‘‘device,’’;

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(9) by striking subsection (p) and inserting (c) SECTION 303.—Section 303(f) (21 U.S.C. that State in connection with the enforce- the following: 333(f)) is amended— ment of this Act.’’. ‘‘(p) The failure to register in accordance (1) in paragraph (1)(A), by inserting ‘‘or to- with section 510 or 905, the failure to provide bacco products’’ after the term ‘‘devices’’ SA 1228. Mr. HATCH submitted an any information required by section 510(j), each place such term appears; amendment intended to be proposed by 510(k), 905(i), or 905(j), or the failure to pro- (2) in paragraph (5)— him to the bill H.R. 1256, to protect the vide a notice required by section 510(j)(2) or (A) in subparagraph (A)— public health by providing the Food 905(i)(3).’’; (i) by striking ‘‘assessed’’ the first time it and Drug Administration with certain (10) by striking subsection (q)(1) and in- appears and inserting ‘‘assessed, or a no-to- authority to regulate tobacco products, serting the following: bacco-sale order may be imposed,’’; and to amend title 5, United States Code, ‘‘(q)(1) The failure or refusal— (ii) by striking ‘‘penalty’’ the second time ‘‘(A) to comply with any requirement pre- it appears and inserting ‘‘penalty, or upon to make certain modifications in the scribed under section 518, 520(g), 903(b), 907, whom a no-tobacco-sale order is to be im- Thrift Savings Plan, the Civil Service 908, or 915; posed,’’; Retirement System, and the Federal ‘‘(B) to furnish any notification or other (B) in subparagraph (B)— Employees’ Retirement System, and material or information required by or under (i) by inserting after ‘‘penalty,’’ the fol- for other purposes; which was ordered section 519, 520(g), 904, 909, or 920; or lowing: ‘‘or the period to be covered by a no- to lie on the table; as follows: ‘‘(C) to comply with a requirement under tobacco-sale order,’’; and At the appropriate place, insert the fol- section 522 or 913.’’; (ii) by adding at the end the following: ‘‘A lowing: no-tobacco-sale order permanently prohib- (11) in subsection (q)(2), by striking ‘‘de- SEC. ll. STUDY CONCERNING THE IMPACT ON vice,’’ and inserting ‘‘device or tobacco prod- iting an individual retail outlet from selling PUBLIC HEALTH PROGRAMS. uct,’’; tobacco products shall include provisions The Comptroller General of the United (12) in subsection (r), by inserting ‘‘or to- that allow the outlet, after a specified period States shall conduct a study of the impact bacco product’’ after the term ‘‘device’’ each of time, to request that the Secretary com- that this Act (and the amendments made by time that such term appears; and promise, modify, or terminate the order.’’; this Act) may have on Federal public health (13) by adding at the end the following: and programs (including the State Children’s ‘‘(oo) The sale of tobacco products in viola- (C) by adding at the end the following: Health Insurance Program under title XXI of tion of a no-tobacco-sale order issued under ‘‘(D) The Secretary may compromise, mod- the Social Security Act). Not later than 1 section 303(f). ify, or terminate, with or without condi- year after the date of enactment of this Act, ‘‘(pp) The introduction or delivery for in- tions, any no-tobacco-sale order.’’; the Comptroller General shall submit to troduction into interstate commerce of a to- (3) in paragraph (6)— Congress, a report on the findings made in bacco product in violation of section 911. (A) by inserting ‘‘or the imposition of a no- study conducted under this section. ‘‘(qq)(1) Forging, counterfeiting, simu- tobacco-sale order’’ after the term ‘‘penalty’’ lating, or falsely representing, or without each place such term appears; and SA 1229. Mr. DORGAN (for himself, proper authority using any mark, stamp (in- (B) by striking ‘‘issued.’’ and inserting Ms. SNOWE, Mr. MCCAIN, Ms. cluding tax stamp), tag, label, or other iden- ‘‘issued, or on which the no-tobacco-sale STABENOW, Mr. SANDERS, and Ms. order was imposed, as the case may be.’’; and tification device upon any tobacco product KLOBUCHAR) submitted an amendment or container or labeling thereof so as to (4) by adding at the end the following: ‘‘(8) If the Secretary finds that a person intended to be proposed by him to the render such tobacco product a counterfeit to- bill H.R. 1256, to protect the public bacco product. has committed repeated violations of restric- ‘‘(2) Making, selling, disposing of, or keep- tions promulgated under section 906(d) at a health by providing the Food and Drug ing in possession, control, or custody, or con- particular retail outlet then the Secretary Administration with certain authority cealing any punch, die, plate, stone, or other may impose a no-tobacco-sale order on that to regulate tobacco products, to amend item that is designed to print, imprint, or re- person prohibiting the sale of tobacco prod- title 5, United States Code, to make produce the trademark, trade name, or other ucts in that outlet. A no-tobacco-sale order certain modifications in the Thrift identifying mark, imprint, or device of an- may be imposed with a civil penalty under Savings Plan, the Civil Service Retire- other or any likeness of any of the foregoing paragraph (1). Prior to the entry of a no-sale order under this paragraph, a person shall be ment System, and the Federal Employ- upon any tobacco product or container or la- ees’ Retirement System, and for other beling thereof so as to render such tobacco entitled to a hearing pursuant to the proce- product a counterfeit tobacco product. dures established through regulations of the purposes; which was ordered to lie on ‘‘(3) The doing of any act that causes a to- Food and Drug Administration for assessing the table; as follows: bacco product to be a counterfeit tobacco civil money penalties, including at a retail- At the appropriate place, insert the fol- product, or the sale or dispensing, or the er’s request a hearing by telephone, or at the lowing: holding for sale or dispensing, of a counter- nearest regional or field office of the Food DIVISION ll—IMPORTATION OF feit tobacco product. and Drug Administration, or at a Federal, PRESCRIPTION DRUGS State, or county facility within 100 miles ‘‘(rr) The charitable distribution of tobacco SEC. 1. SHORT TITLE. from the location of the retail outlet, if such products. This division may be cited as the ‘‘Phar- a facility is available.’’. ‘‘(ss) The failure of a manufacturer or dis- maceutical Market Access and Drug Safety (d) SECTION 304.—Section 304 (21 U.S.C. 334) tributor to notify the Attorney General and Act of 2009’’. the Secretary of the Treasury of their is amended— (1) in subsection (a)(2)— SEC. 2. FINDINGS. knowledge of tobacco products used in illicit Congress finds that— trade. (A) by striking ‘‘and’’ before ‘‘(D)’’; and (B) by striking ‘‘device.’’ and inserting the (1) Americans unjustly pay up to 5 times ‘‘(tt) Making any express or implied state- more to fill their prescriptions than con- ment or representation directed to con- following: ‘‘device, and (E) Any adulterated or misbranded tobacco product.’’; sumers in other countries; sumers with respect to a tobacco product, in (2) the United States is the largest market a label or labeling or through the media or (2) in subsection (d)(1), by inserting ‘‘tobacco product,’’ after ‘‘device,’’; for pharmaceuticals in the world, yet Amer- advertising, that either conveys, or misleads ican consumers pay the highest prices for or would mislead consumers into believing, (3) in subsection (g)(1), by inserting ‘‘or tobacco product’’ after the term ‘‘device’’ each brand pharmaceuticals in the world; that— (3) a prescription drug is neither safe nor ‘‘(1) the product is approved by the Food place such term appears; and (4) in subsection (g)(2)(A), by inserting ‘‘or effective to an individual who cannot afford and Drug Administration; it; ‘‘(2) the Food and Drug Administration tobacco product’’ after ‘‘device’’. (e) SECTION 505.—Section 505(n)(2) (21 U.S.C. (4) allowing and structuring the importa- deems the product to be safe for use by con- 355(n)(2)) is amended by striking ‘‘section tion of prescription drugs to ensure access to sumers; 904’’ and inserting ‘‘section 1004’’. safe and affordable drugs approved by the ‘‘(3) the product is endorsed by the Food (f) SECTION 523.—Section 523(b)(2)(D) (21 Food and Drug Administration will provide a and Drug Administration for use by con- U.S.C. 360m(b)(2)(D)) is amended by striking level of safety to American consumers that sumers; or ‘‘section 903(g)’’ and inserting ‘‘section they do not currently enjoy; ‘‘(4) the product is safe or less harmful by 1003(g)’’. (5) American spend more than virtue of— (g) SECTION 702.—Section 702(a)(1) (U.S.C. $200,000,000,000 on prescription drugs every ‘‘(A) its regulation or inspection by the 372(a)(1)) is amended— year; Food and Drug Administration; or (1) by striking ‘‘(a)(1)’’ and inserting (6) the Congressional Budget Office has ‘‘(B) its compliance with regulatory re- ‘‘(a)(1)(A)’’; and found that the cost of prescription drugs are quirements set by the Food and Drug Admin- (2) by adding at the end the following: between 35 to 55 percent less in other highly- istration; ‘‘(B) For a tobacco product, to the extent developed countries than in the United including any such statement or representa- feasible, the Secretary shall contract with States; and tion rendering the product misbranded under the States in accordance with this paragraph (7) promoting competitive market pricing section 903.’’. to carry out inspections of retailers within would both contribute to health care savings

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REPEAL OF CERTAIN SECTION REGARD- ‘‘(dd) a therapeutic recombinant DNA-de- met: ING IMPORTATION OF PRESCRIP- rived product; ‘‘(I) The country has statutory or regu- TION DRUGS. ‘‘(III) an infused drug, including a peri- latory requirements— Chapter VIII of the Federal Food, Drug, toneal dialysis solution; ‘‘(aa) that require the review of drugs for and Cosmetic Act (21 U.S.C. 381 et seq.) is ‘‘(IV) an injected drug; safety and effectiveness by an entity of the amended by striking section 804. ‘‘(V) a drug that is inhaled during surgery; government of the country; SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS; ‘‘(VI) a drug that is the listed drug referred ‘‘(bb) that authorize the approval of only WAIVER OF CERTAIN IMPORT RE- to in 2 or more abbreviated new drug applica- those drugs that have been determined to be STRICTIONS. safe and effective by experts employed by or (a) IN GENERAL.—Chapter VIII of the Fed- tions under which the drug is commercially marketed; or acting on behalf of such entity and qualified eral Food, Drug, and Cosmetic Act (21 U.S.C. by scientific training and experience to ‘‘(VII) a sterile opthlamic drug intended 381 et seq.), as amended by section 3, is fur- evaluate the safety and effectiveness of for topical use on or in the eye. ther amended by inserting after section 803 drugs on the basis of adequate and well-con- ‘‘(D) OTHER DEFINITIONS.—For purposes of the following: trolled investigations, including clinical in- ‘‘SEC. 804. COMMERCIAL AND PERSONAL IMPOR- this section: vestigations, conducted by experts qualified TATION OF PRESCRIPTION DRUGS. ‘‘(i)(I) The term ‘exporter’ means a person by scientific training and experience to ‘‘(a) IMPORTATION OF PRESCRIPTION that is in the business of exporting a drug to evaluate the safety and effectiveness of DRUGS.— individuals in the United States from Canada drugs; ‘‘(1) IN GENERAL.—In the case of qualifying or from a permitted country designated by ‘‘(cc) that require the methods used in, and drugs imported or offered for import into the the Secretary under subclause (II), or that, the facilities and controls used for the manu- United States from registered exporters or pursuant to submitting a registration under facture, processing, and packing of drugs in by registered importers— subsection (b), seeks to be in such business. the country to be adequate to preserve their ‘‘(A) the limitation on importation that is ‘‘(II) The Secretary shall designate a per- identity, quality, purity, and strength; established in section 801(d)(1) is waived; and mitted country under subparagraph (E) ‘‘(dd) for the reporting of adverse reactions ‘‘(B) the standards referred to in section (other than Canada) as a country from which to drugs and procedures to withdraw ap- 801(a) regarding admission of the drugs are an exporter may export a drug to individuals proval and remove drugs found not to be safe subject to subsection (g) of this section (in- in the United States if the Secretary deter- or effective; and cluding with respect to qualifying drugs to mines that— ‘‘(ee) that require the labeling and pro- which section 801(d)(1) does not apply). ‘‘(aa) the country has statutory or regu- motion of drugs to be in accordance with the ‘‘(2) IMPORTERS.—A qualifying drug may latory standards that are equivalent to the approval of the drug. not be imported under paragraph (1) unless— standards in the United States and Canada ‘‘(II) The valid marketing authorization ‘‘(A) the drug is imported by a pharmacy, with respect to— system in the country is equivalent to the group of pharmacies, or a wholesaler that is ‘‘(AA) the training of pharmacists; systems in the countries described in clauses a registered importer; or ‘‘(BB) the practice of pharmacy; and (i) through (vi). ‘‘(B) the drug is imported by an individual ‘‘(CC) the protection of the privacy of per- ‘‘(III) The importation of drugs to the for personal use or for the use of a family sonal medical information; and United States from the country will not ad- member of the individual (not for resale) ‘‘(bb) the importation of drugs to individ- versely affect public health. from a registered exporter. uals in the United States from the country ‘‘(b) REGISTRATION OF IMPORTERS AND EX- ‘‘(3) RULE OF CONSTRUCTION.—This section will not adversely affect public health. PORTERS.— shall apply only with respect to a drug that ‘‘(ii) The term ‘importer’ means a phar- ‘‘(1) REGISTRATION OF IMPORTERS AND EX- is imported or offered for import into the macy, a group of pharmacies, or a wholesaler PORTERS.—A registration condition is that United States— that is in the business of importing a drug the importer or exporter involved (referred ‘‘(A) by a registered importer; or into the United States or that, pursuant to to in this subsection as a ‘registrant’) sub- ‘‘(B) from a registered exporter to an indi- submitting a registration under subsection mits to the Secretary a registration con- vidual. (b), seeks to be in such business. taining the following: ‘‘(4) DEFINITIONS.— ‘‘(A)(i) In the case of an exporter, the name ‘‘(iii) The term ‘pharmacist’ means a per- ‘‘(A) REGISTERED EXPORTER; REGISTERED IM- of the exporter and an identification of all son licensed by a State to practice phar- PORTER.—For purposes of this section: places of business of the exporter that relate macy, including the dispensing and selling of ‘‘(i) The term ‘registered exporter’ means to qualifying drugs, including each ware- prescription drugs. an exporter for which a registration under house or other facility owned or controlled ‘‘(iv) The term ‘pharmacy’ means a person subsection (b) has been approved and is in ef- by, or operated for, the exporter. fect. that— ‘‘(ii) In the case of an importer, the name ‘‘(ii) The term ‘registered importer’ means ‘‘(I) is licensed by a State to engage in the of the importer and an identification of the a pharmacy, group of pharmacies, or a business of selling prescription drugs at replaces of business of the importer at which wholesaler for which a registration under tail; and the importer initially receives a qualifying subsection (b) has been approved and is in ef- ‘‘(II) employs 1 or more pharmacists. drug after importation (which shall not ex- fect. ‘‘(v) The term ‘prescription drug’ means a ceed 3 places of business except by permis- ‘‘(iii) The term ‘registration condition’ drug that is described in section 503(b)(1). sion of the Secretary). means a condition that must exist for a reg- ‘‘(vi) The term ‘wholesaler’— ‘‘(B) Such information as the Secretary de- istration under subsection (b) to be ap- ‘‘(I) means a person licensed as a whole- termines to be necessary to demonstrate proved. saler or distributor of prescription drugs in that the registrant is in compliance with ‘‘(B) QUALIFYING DRUG.—For purposes of the United States under section 503(e)(2)(A); registration conditions under— this section, the term ‘qualifying drug’ and ‘‘(i) in the case of an importer, subsections means a drug for which there is a cor- ‘‘(II) does not include a person authorized (c), (d), (e), (g), and (j) (relating to the responding U.S. label drug. to import drugs under section 801(d)(1). sources of imported qualifying drugs; the in- ‘‘(C) U.S. LABEL DRUG.—For purposes of ‘‘(E) PERMITTED COUNTRY.—The term ‘per- spection of facilities of the importer; the this section, the term ‘U.S. label drug’ mitted country’ means— payment of fees; compliance with the stand- means a prescription drug that— ‘‘(i) Australia; ards referred to in section 801(a); and mainte- ‘‘(i) with respect to a qualifying drug, has ‘‘(ii) Canada; nance of records and samples); or the same active ingredient or ingredients, ‘‘(iii) a member country of the European ‘‘(ii) in the case of an exporter, subsections route of administration, dosage form, and Union, but does not include a member coun- (c), (d), (f), (g), (h), (i), and (j) (relating to the strength as the qualifying drug; try with respect to which— sources of exported qualifying drugs; the in- ‘‘(ii) with respect to the qualifying drug, is ‘‘(I) the country’s Annex to the Treaty of spection of facilities of the exporter and the manufactured by or for the person that man- Accession to the European Union 2003 in- marking of compliant shipments; the pay- ufactures the qualifying drug; cludes a transitional measure for the regula- ment of fees; and compliance with the stand- ‘‘(iii) is approved under section 505(c); and tion of human pharmaceutical products that ards referred to in section 801(a); being li- ‘‘(iv) is not— has not expired; or censed as a pharmacist; conditions for indi- ‘‘(I) a controlled substance, as defined in ‘‘(II) the Secretary determines that the re- vidual importation; and maintenance of section 102 of the Controlled Substances Act quirements described in subclauses (I) and records and samples). (21 U.S.C. 802); (II) of clause (vii) will not be met by the date ‘‘(C) An agreement by the registrant that ‘‘(II) a biological product, as defined in sec- on which such transitional measure for the the registrant will not under subsection (a) tion 351 of the Public Health Service Act (42 regulation of human pharmaceutical prod- import or export any drug that is not a U.S.C. 262), including— ucts expires; qualifying drug. ‘‘(aa) a therapeutic DNA plasmid product; ‘‘(iv) Japan; ‘‘(D) An agreement by the registrant to— ‘‘(bb) a therapeutic synthetic peptide prod- ‘‘(v) New Zealand; ‘‘(i) notify the Secretary of a recall or uct; ‘‘(vi) Switzerland; and withdrawal of a qualifying drug distributed

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.045 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5955 in a permitted country that the registrant importers of qualifying drugs under sub- by the registrant, or a person that is a part- has exported or imported, or intends to ex- section (a); and ner in the export or import enterprise, or a port or import, to the United States under ‘‘(ii) importation by individuals of quali- principal officer in such enterprise, and any subsection (a); fying drugs under subsection (a). registration prepared with the assistance of ‘‘(ii) provide for the return to the reg- ‘‘(2) APPROVAL OR DISAPPROVAL OF REG- the registrant or such a person, has no legal istrant of such drug; and ISTRATION.— effect under this section. ‘‘(iii) cease, or not begin, the exportation ‘‘(A) IN GENERAL.—Not later than 90 days ‘‘(5) DEFAULT OF BOND.—A bond required to or importation of such drug unless the Sec- after the date on which a registrant submits be posted by an exporter under paragraph retary has notified the registrant that expor- to the Secretary a registration under para- (1)(I)(ii) shall be defaulted and paid to the tation or importation of such drug may pro- graph (1), the Secretary shall notify the reg- Treasury of the United States if, after oppor- ceed. istrant whether the registration is approved tunity for an informal hearing, the Sec- ‘‘(E) An agreement by the registrant to en- or is disapproved. The Secretary shall dis- retary determines that the exporter has— sure and monitor compliance with each reg- approve a registration if there is reason to ‘‘(A) exported a drug to the United States istration condition, to promptly correct any believe that the registrant is not in compli- that is not a qualifying drug or that is not in noncompliance with such a condition, and to ance with one or more registration condi- compliance with subsection (g)(2)(A), (g)(4), promptly report to the Secretary any such tions, and shall notify the registrant of such or (i); or noncompliance. reason. In the case of a disapproved registra- ‘‘(B) failed to permit the Secretary to con- ‘‘(F) A plan describing the manner in tion, the Secretary shall subsequently notify duct an inspection described under sub- which the registrant will comply with the the registrant that the registration is ap- section (d). agreement under subparagraph (E). proved if the Secretary determines that the ‘‘(c) SOURCES OF QUALIFYING DRUGS.—A ‘‘(G) An agreement by the registrant to en- registrant is in compliance with such condi- registration condition is that the exporter or force a contract under subsection (c)(3)(B) tions. importer involved agrees that a qualifying against a party in the chain of custody of a ‘‘(B) CHANGES IN REGISTRATION INFORMA- drug will under subsection (a) be exported or qualifying drug with respect to the authority TION.—Not later than 30 days after receiving imported into the United States only if there of the Secretary under clauses (ii) and (iii) of a notice under paragraph (1)(H) from a reg- is compliance with the following: that subsection. istrant, the Secretary shall determine ‘‘(1) The drug was manufactured in an es- ‘‘(H) An agreement by the registrant to no- whether the change involved affects the ap- tablishment— tify the Secretary not more than 30 days be- proval of the registration of the registrant ‘‘(A) required to register under subsection fore the registrant intends to make the under paragraph (1), and shall inform the (h) or (i) of section 510; and change, of— registrant of the determination. ‘‘(B)(i) inspected by the Secretary; or ‘‘(i) any change that the registrant intends ‘‘(3) PUBLICATION OF CONTACT INFORMATION ‘‘(ii) for which the Secretary has elected to to make regarding information provided FOR REGISTERED EXPORTERS.—Through the rely on a satisfactory report of a good manu- under subparagraph (A) or (B); and Internet website of the Food and Drug Ad- facturing practice inspection of the estab- ‘‘(ii) any change that the registrant in- ministration and a toll-free telephone num- lishment from a permitted country whose tends to make in the compliance plan under ber, the Secretary shall make readily avail- regulatory system the Secretary recognizes subparagraph (F). able to the public a list of registered export- as equivalent under a mutual recognition ‘‘(I) In the case of an exporter: ers, including contact information for the agreement, as provided for under section ‘‘(i) An agreement by the exporter that a exporters. Promptly after the approval of a 510(i)(3), section 803, or part 26 of title 21, qualifying drug will not under subsection (a) registration submitted under paragraph (1), Code of Federal Regulations (or any cor- be exported to any individual not authorized the Secretary shall update the Internet responding successor rule or regulation). pursuant to subsection (a)(2)(B) to be an im- website and the information provided ‘‘(2) The establishment is located in any porter of such drug. through the toll-free telephone number ac- country, and the establishment manufac- ‘‘(ii) An agreement to post a bond, payable cordingly. tured the drug for distribution in the United to the Treasury of the United States that is ‘‘(4) SUSPENSION AND TERMINATION.— States or for distribution in 1 or more of the equal in value to the lesser of— ‘‘(A) SUSPENSION.—With respect to the ef- permitted countries (without regard to ‘‘(I) the value of drugs exported by the ex- fectiveness of a registration submitted under whether in addition the drug is manufac- porter to the United States in a typical 4- paragraph (1): tured for distribution in a foreign country week period over the course of a year under ‘‘(i) Subject to clause (ii), the Secretary that is not a permitted country). this section; or may suspend the registration if the Sec- ‘‘(3) The exporter or importer obtained the ‘‘(II) $1,000,000. retary determines, after notice and oppor- drug— ‘‘(iii) An agreement by the exporter to tunity for a hearing, that the registrant has ‘‘(A) directly from the establishment; or comply with applicable provisions of Cana- failed to maintain substantial compliance ‘‘(B) directly from an entity that, by con- dian law, or the law of the permitted country with a registration condition. tract with the exporter or importer— designated under subsection (a)(4)(D)(i)(II) in ‘‘(ii) If the Secretary determines that, ‘‘(i) provides to the exporter or importer a which the exporter is located, that protect under color of the registration, the exporter statement (in such form and containing such the privacy of personal information with re- has exported a drug or the importer has im- information as the Secretary may require) spect to each individual importing a pre- ported a drug that is not a qualifying drug, that, for the chain of custody from the estab- scription drug from the exporter under sub- or a drug that does not comply with sub- lishment, identifies each prior sale, pur- section (a)(2)(B). section (g)(2)(A) or (g)(4), or has exported a chase, or trade of the drug (including the ‘‘(iv) An agreement by the exporter to re- qualifying drug to an individual in violation date of the transaction and the names and port to the Secretary— of subsection (i)(2)(F), the Secretary shall addresses of all parties to the transaction); ‘‘(I) not later than August 1 of each fiscal immediately suspend the registration. A sus- ‘‘(ii) agrees to permit the Secretary to in- year, the total price and the total volume of pension under the preceding sentence is not spect such statements and related records to drugs exported to the United States by the subject to the provision by the Secretary of determine their accuracy; exporter during the 6-month period from prior notice, and the Secretary shall provide ‘‘(iii) agrees, with respect to the qualifying January 1 through June 30 of that year; and to the registrant an opportunity for a hear- drugs involved, to permit the Secretary to ‘‘(II) not later than January 1 of each fiscal ing not later than 10 days after the date on inspect warehouses and other facilities, in- year, the total price and the total volume of which the registration is suspended. cluding records, of the entity for purposes of drugs exported to the United States by the ‘‘(iii) The Secretary may reinstate the reg- determining whether the facilities are in exporter during the previous fiscal year. istration, whether suspended under clause (i) compliance with any standards under this ‘‘(J) In the case of an importer, an agree- or (ii), if the Secretary determines that the Act that are applicable to facilities of that ment by the importer to report to the Sec- registrant has demonstrated that further type in the United States; and retary— violations of registration conditions will not ‘‘(iv) has ensured, through such contrac- ‘‘(i) not later than August 1 of each fiscal occur. tual relationships as may be necessary, that year, the total price and the total volume of ‘‘(B) TERMINATION.—The Secretary, after the Secretary has the same authority re- drugs imported to the United States by the notice and opportunity for a hearing, may garding other parties in the chain of custody importer during the 6-month period from terminate the registration under paragraph from the establishment that the Secretary January 1 through June 30 of that fiscal (1) of a registrant if the Secretary deter- has under clauses (ii) and (iii) regarding such year; and mines that the registrant has engaged in a entity. ‘‘(ii) not later than January 1 of each fiscal pattern or practice of violating 1 or more ‘‘(4)(A) The foreign country from which the year, the total price and the total volume of registration conditions, or if on 1 or more oc- importer will import the drug is a permitted drugs imported to the United States by the casions the Secretary has under subpara- country; or importer during the previous fiscal year. graph (A)(ii) suspended the registration of ‘‘(B) The foreign country from which the ‘‘(K) Such other provisions as the Sec- the registrant. The Secretary may make the exporter will export the drug is the per- retary may require by regulation to protect termination permanent, or for a fixed period mitted country in which the exporter is lo- the public health while permitting— of not less than 1 year. During the period in cated. ‘‘(i) the importation by pharmacies, groups which the registration is terminated, any ‘‘(5) During any period in which the drug of pharmacies, and wholesalers as registered registration submitted under paragraph (1) was not in the control of the manufacturer

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(4). the Secretary. ‘‘(F) Determining whether the exporter is ‘‘(D) Inspecting as the Secretary deter- ‘‘(d) INSPECTION OF FACILITIES; MARKING OF in compliance with all other registration mines is necessary the warehouses and other SHIPMENTS.— conditions. facilities, including records of other parties ‘‘(1) INSPECTION OF FACILITIES.—A registra- ‘‘(4) PRIOR NOTICE OF SHIPMENTS.—A reg- in the chain of custody of qualifying drugs. tion condition is that, for the purpose of as- istration condition is that, not less than 8 ‘‘(E) Determining whether the importer is sisting the Secretary in determining whether hours and not more than 5 days in advance of in compliance with all other registration the exporter involved is in compliance with the time of the importation of a shipment of conditions. all other registration conditions— qualifying drugs, the importer involved ‘‘(e) IMPORTER FEES.— ‘‘(A) the exporter agrees to permit the Sec- agrees to submit to the Secretary a notice ‘‘(1) REGISTRATION FEE.—A registration retary— with respect to the shipment of drugs to be condition is that the importer involved pays ‘‘(i) to conduct onsite inspections, includ- imported or offered for import into the to the Secretary a fee of $10,000 due on the ing monitoring on a day-to-day basis, of United States under subsection (a). A notice date on which the importer first submits the places of business of the exporter that relate under the preceding sentence shall include— registration to the Secretary under sub- to qualifying drugs, including each ware- ‘‘(A) the name and complete contact infor- section (b). house or other facility owned or controlled mation of the person submitting the notice; ‘‘(2) INSPECTION FEE.—A registration condi- by, or operated for, the exporter; ‘‘(B) the name and complete contact infor- tion is that the importer involved pays a fee ‘‘(ii) to have access, including on a day-to- mation of the importer involved; to the Secretary in accordance with this sub- day basis, to— ‘‘(C) the identity of the drug, including the section. Such fee shall be paid not later than ‘‘(I) records of the exporter that relate to established name of the drug, the quantity of October 1 and April 1 of each fiscal year in the export of such drugs, including financial the drug, and the lot number assigned by the the amount provided for under paragraph (3). records; and manufacturer; ‘‘(3) AMOUNT OF INSPECTION FEE.— ‘‘(II) samples of such drugs; ‘‘(D) the identity of the manufacturer of ‘‘(A) AGGREGATE TOTAL OF FEES.—Not later ‘‘(iii) to carry out the duties described in the drug, including the identity of the estab- than 30 days before the start of each fiscal paragraph (3); and lishment at which the drug was manufac- year, the Secretary, in consultation with the ‘‘(iv) to carry out any other functions de- tured; Secretary of Homeland Security and the Sec- termined by the Secretary to be necessary ‘‘(E) the country from which the drug is retary of the Treasury, shall establish an ag- regarding the compliance of the exporter; shipped; gregate total of fees to be collected under and ‘‘(F) the name and complete contact infor- paragraph (2) for importers for that fiscal ‘‘(B) the Secretary has assigned 1 or more mation for the shipper of the drug; year that is sufficient, and not more than employees of the Secretary to carry out the ‘‘(G) anticipated arrival information, in- necessary, to pay the costs for that fiscal functions described in this subsection for the cluding the port of arrival and crossing loca- year of administering this section with re- Secretary randomly, but not less than 12 tion within that port, and the date and time; spect to registered importers, including the times annually, on the premises of places of ‘‘(H) a summary of the chain of custody of costs associated with— businesses referred to in subparagraph (A)(i), the drug from the establishment in which ‘‘(i) inspecting the facilities of registered and such an assignment remains in effect on the drug was manufactured to the importer; importers, and of other entities in the chain a continuous basis. ‘‘(I) a declaration as to whether the Sec- of custody of a qualifying drug as necessary, ‘‘(2) MARKING OF COMPLIANT SHIPMENTS.—A retary has ordered that importation of the under subsection (d)(6); registration condition is that the exporter drug from the permitted country cease under ‘‘(ii) developing, implementing, and oper- involved agrees to affix to each shipping con- subsection (g)(2)(C) or (D); and ating under such subsection an electronic tainer of qualifying drugs exported under ‘‘(J) such other information as the Sec- system for submission and review of the no- subsection (a) such markings as the Sec- retary may require by regulation. tices required under subsection (d)(4) with retary determines to be necessary to identify ‘‘(5) MARKING OF COMPLIANT SHIPMENTS.—A respect to shipments of qualifying drugs the shipment as being in compliance with all registration condition is that the importer under subsection (a) to assess compliance registration conditions. Markings under the involved agrees, before wholesale distribu- with all registration conditions when such preceding sentence shall— tion (as defined in section 503(e)) of a quali- shipments are offered for import into the ‘‘(A) be designed to prevent affixation of fying drug that has been imported under sub- United States; and the markings to any shipping container that section (a), to affix to each container of such ‘‘(iii) inspecting such shipments as nec- is not authorized to bear the markings; and drug such markings or other technology as essary, when offered for import into the ‘‘(B) include anticounterfeiting or track- the Secretary determines necessary to iden- United States to determine if such a ship- and-trace technologies, taking into account tify the shipment as being in compliance ment should be refused admission under sub- the economic and technical feasibility of with all registration conditions, except that section (g)(5). those technologies. the markings or other technology shall not ‘‘(B) LIMITATION.—Subject to subparagraph ‘‘(3) CERTAIN DUTIES RELATING TO EXPORT- be required on a drug that bears comparable, (C), the aggregate total of fees collected ERS.—Duties of the Secretary with respect to compatible markings or technology from the under paragraph (2) for a fiscal year shall not an exporter include the following: manufacturer of the drug. Markings or other exceed 2.5 percent of the total price of quali- ‘‘(A) Inspecting, randomly, but not less technology under the preceding sentence fying drugs imported during that fiscal year than 12 times annually, the places of busi- shall— into the United States by registered import- ness of the exporter at which qualifying ‘‘(A) be designed to prevent affixation of ers under subsection (a). drugs are stored and from which qualifying the markings or other technology to any ‘‘(C) TOTAL PRICE OF DRUGS.— drugs are shipped. container that is not authorized to bear the ‘‘(i) ESTIMATE.—For the purposes of com- ‘‘(B) During the inspections under subpara- markings; and plying with the limitation described in sub- graph (A), verifying the chain of custody of ‘‘(B) shall include anticounterfeiting or paragraph (B) when establishing under sub- a statistically significant sample of quali- track-and-trace technologies, taking into ac- paragraph (A) the aggregate total of fees to fying drugs from the establishment in which count the economic and technical feasibility be collected under paragraph (2) for a fiscal the drug was manufactured to the exporter, of such technologies. year, the Secretary shall estimate the total which shall be accomplished or supple- ‘‘(6) CERTAIN DUTIES RELATING TO IMPORT- price of qualifying drugs imported into the mented by the use of anticounterfeiting or ERS.—Duties of the Secretary with respect to United States by registered importers during track-and-trace technologies, taking into ac- an importer include the following: that fiscal year by adding the total price of count the economic and technical feasibility ‘‘(A) Inspecting, randomly, but not less qualifying drugs imported by each registered of those technologies, except that a drug than 12 times annually, the places of busi- importer during the 6-month period from that lacks such technologies from the point ness of the importer at which a qualifying January 1 through June 30 of the previous of manufacture shall not for that reason be drug is initially received after importation. fiscal year, as reported to the Secretary by excluded from importation by an exporter. ‘‘(B) During the inspections under subpara- each registered importer under subsection ‘‘(C) Randomly reviewing records of ex- graph (A), verifying the chain of custody of (b)(1)(J). ports to individuals for the purpose of deter- a statistically significant sample of quali- ‘‘(ii) CALCULATION.—Not later than March 1 mining whether the drugs are being imported fying drugs from the establishment in which of the fiscal year that follows the fiscal year by the individuals in accordance with the the drug was manufactured to the importer, for which the estimate under clause (i) is conditions under subsection (i). Such reviews which shall be accomplished or supple- made, the Secretary shall calculate the total shall be conducted in a manner that will re- mented by the use of anticounterfeiting or price of qualifying drugs imported into the sult in a statistically significant determina- track-and-trace technologies, taking into ac- United States by registered importers during tion of compliance with all such conditions. count the economic and technical feasibility that fiscal year by adding the total price of ‘‘(D) Monitoring the affixing of markings of those technologies, except that a drug qualifying drugs imported by each registered under paragraph (2). that lacks such technologies from the point importer during that fiscal year, as reported

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to the Secretary by each registered importer ‘‘(iii) screening such markings, and in- ‘‘(1) IN GENERAL.—A registration condition under subsection (b)(1)(J). specting such shipments as necessary, when is that each qualifying drug exported under ‘‘(iii) ADJUSTMENT.—If the total price of offered for import into the United States to subsection (a) by the registered exporter in- qualifying drugs imported into the United determine if such a shipment should be re- volved or imported under subsection (a) by States by registered importers during a fis- fused admission under subsection (g)(5). the registered importer involved is in com- cal year as calculated under clause (ii) is less ‘‘(B) LIMITATION.—Subject to subparagraph pliance with the standards referred to in sec- than the aggregate total of fees collected (C), the aggregate total of fees collected tion 801(a) regarding admission of the drug under paragraph (2) for that fiscal year, the under paragraph (2) for a fiscal year shall not into the United States, subject to paragraphs Secretary shall provide for a pro-rata reduc- exceed 2.5 percent of the total price of quali- (2), (3), and (4). tion in the fee due from each registered im- fying drugs imported during that fiscal year ‘‘(2) SECTION 505; APPROVAL STATUS.— porter on April 1 of the subsequent fiscal into the United States by registered export- ‘‘(A) IN GENERAL.—A qualifying drug that year so that the limitation described in sub- ers under subsection (a). is imported or offered for import under subparagraph (B) is observed. ‘‘(C) TOTAL PRICE OF DRUGS.— section (a) shall comply with the conditions ‘‘(D) INDIVIDUAL IMPORTER FEE.—Subject to ‘‘(i) ESTIMATE.—For the purposes of com- established in the approved application the limitation described in subparagraph (B), plying with the limitation described in sub- under section 505(b) for the U.S. label drug as the fee under paragraph (2) to be paid on Oc- paragraph (B) when establishing under sub- described under this subsection. tober 1 and April 1 by an importer shall be an paragraph (A) the aggregate total of fees to ‘‘(B) NOTICE BY MANUFACTURER; GENERAL amount that is proportional to a reasonable be collected under paragraph (2) for a fiscal PROVISIONS.— estimate by the Secretary of the semiannual year, the Secretary shall estimate the total ‘‘(i) IN GENERAL.—The person that manu- share of the importer of the volume of quali- price of qualifying drugs imported into the factures a qualifying drug that is, or will be, fying drugs imported by importers under United States by registered exporters during introduced for commercial distribution in a subsection (a). that fiscal year by adding the total price of permitted country shall in accordance with ‘‘(4) USE OF FEES.— qualifying drugs exported by each registered this paragraph submit to the Secretary a no- ‘‘(A) IN GENERAL.—Subject to appropria- exporter during the 6-month period from tice that— tions Acts, fees collected by the Secretary January 1 through June 30 of the previous ‘‘(I) includes each difference in the quali- under paragraphs (1) and (2) shall be credited fiscal year, as reported to the Secretary by fying drug from a condition established in to the appropriation account for salaries and each registered exporter under subsection the approved application for the U.S. label expenses of the Food and Drug Administra- (b)(1)(I)(iv). drug beyond— tion until expended (without fiscal year limi- ‘‘(ii) CALCULATION.—Not later than March 1 ‘‘(aa) the variations provided for in the ap- tation), and the Secretary may, in consulta- of the fiscal year that follows the fiscal year plication; and tion with the Secretary of Homeland Secu- for which the estimate under clause (i) is ‘‘(bb) any difference in labeling (except in- rity and the Secretary of the Treasury, made, the Secretary shall calculate the total gredient labeling); or transfer some proportion of such fees to the price of qualifying drugs imported into the ‘‘(II) states that there is no difference in appropriation account for salaries and ex- United States by registered exporters during the qualifying drug from a condition estab- penses of the Bureau of Customs and Border that fiscal year by adding the total price of lished in the approved application for the qualifying drugs exported by each registered U.S. label drug beyond— Protection until expended (without fiscal exporter during that fiscal year, as reported ‘‘(aa) the variations provided for in the ap- year limitation). to the Secretary by each registered exporter plication; and ‘‘(B) SOLE PURPOSE.—Fees collected by the under subsection (b)(1)(I)(iv). ‘‘(bb) any difference in labeling (except in- Secretary under paragraphs (1) and (2) are ‘‘(iii) ADJUSTMENT.—If the total price of gredient labeling). only available to the Secretary and, if trans- qualifying drugs imported into the United ‘‘(ii) INFORMATION IN NOTICE.—A notice ferred, to the Secretary of Homeland Secu- States by registered exporters during a fiscal under clause (i)(I) shall include the informa- rity, and are for the sole purpose of paying year as calculated under clause (ii) is less tion that the Secretary may require under the costs referred to in paragraph (3)(A). than the aggregate total of fees collected section 506A, any additional information the ‘‘(5) COLLECTION OF FEES.—In any case under paragraph (2) for that fiscal year, the Secretary may require (which may include where the Secretary does not receive pay- Secretary shall provide for a pro-rata reduc- data on bioequivalence if such data are not ment of a fee assessed under paragraph (1) or tion in the fee due from each registered ex- required under section 506A), and, with re- (2) within 30 days after it is due, such fee porter on April 1 of the subsequent fiscal spect to the permitted country that ap- shall be treated as a claim of the United year so that the limitation described in sub- proved the qualifying drug for commercial States Government subject to subchapter II paragraph (B) is observed. distribution, or with respect to which such of chapter 37 of title 31, United States Code. ‘‘(D) INDIVIDUAL EXPORTER FEE.—Subject to approval is sought, include the following: ‘‘(f) EXPORTER FEES.— the limitation described in subparagraph (B), ‘‘(I) The date on which the qualifying drug ‘‘(1) REGISTRATION FEE.—A registration the fee under paragraph (2) to be paid on Oc- with such difference was, or will be, intro- condition is that the exporter involved pays tober 1 and April 1 by an exporter shall be an duced for commercial distribution in the per- to the Secretary a fee of $10,000 due on the amount that is proportional to a reasonable mitted country. date on which the exporter first submits that estimate by the Secretary of the semiannual ‘‘(II) Information demonstrating that the registration to the Secretary under sub- share of the exporter of the volume of quali- person submitting the notice has also noti- section (b). fying drugs exported by exporters under sub- fied the government of the permitted coun- ‘‘(2) INSPECTION FEE.—A registration condi- section (a). try in writing that the person is submitting tion is that the exporter involved pays a fee ‘‘(4) USE OF FEES.— to the Secretary a notice under clause (i)(I), to the Secretary in accordance with this sub- ‘‘(A) IN GENERAL.—Subject to appropria- which notice describes the difference in the section. Such fee shall be paid not later than tions Acts, fees collected by the Secretary qualifying drug from a condition established October 1 and April 1 of each fiscal year in under paragraphs (1) and (2) shall be credited in the approved application for the U.S. label the amount provided for under paragraph (3). to the appropriation account for salaries and drug. ‘‘(3) AMOUNT OF INSPECTION FEE.— expenses of the Food and Drug Administra- ‘‘(III) The information that the person sub- ‘‘(A) AGGREGATE TOTAL OF FEES.—Not later tion until expended (without fiscal year limi- mitted or will submit to the government of than 30 days before the start of each fiscal tation), and the Secretary may, in consulta- the permitted country for purposes of ob- year, the Secretary, in consultation with the tion with the Secretary of Homeland Secu- taining approval for commercial distribution Secretary of Homeland Security and the Sec- rity and the Secretary of the Treasury, of the drug in the country which, if in a lan- retary of the Treasury, shall establish an ag- transfer some proportion of such fees to the guage other than English, shall be accom- gregate total of fees to be collected under appropriation account for salaries and ex- panied by an English translation verified to paragraph (2) for exporters for that fiscal penses of the Bureau of Customs and Border be complete and accurate, with the name, year that is sufficient, and not more than Protection until expended (without fiscal address, and a brief statement of the quali- necessary, to pay the costs for that fiscal year limitation). fications of the person that made the trans- year of administering this section with re- ‘‘(B) SOLE PURPOSE.—Fees collected by the lation. spect to registered exporters, including the Secretary under paragraphs (1) and (2) are ‘‘(iii) CERTIFICATIONS.—The chief executive costs associated with— only available to the Secretary and, if trans- officer and the chief medical officer of the ‘‘(i) inspecting the facilities of registered ferred, to the Secretary of Homeland Secu- manufacturer involved shall each certify in exporters, and of other entities in the chain rity, and are for the sole purpose of paying the notice under clause (i) that— of custody of a qualifying drug as necessary, the costs referred to in paragraph (3)(A). ‘‘(I) the information provided in the notice under subsection (d)(3); ‘‘(5) COLLECTION OF FEES.—In any case is complete and true; and ‘‘(ii) developing, implementing, and oper- where the Secretary does not receive pay- ‘‘(II) a copy of the notice has been provided ating under such subsection a system to ment of a fee assessed under paragraph (1) or to the Federal Trade Commission and to the screen marks on shipments of qualifying (2) within 30 days after it is due, such fee State attorneys general. drugs under subsection (a) that indicate shall be treated as a claim of the United ‘‘(iv) FEE.—If a notice submitted under compliance with all registration conditions, States Government subject to subchapter II clause (i) includes a difference that would, when such shipments are offered for import of chapter 37 of title 31, United States Code. under section 506A, require the submission of into the United States; and ‘‘(g) COMPLIANCE WITH SECTION 801(a).— a supplemental application if made as a

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.045 S02JNPT1 smartinez on PROD1PC64 with SENATE S5958 CONGRESSIONAL RECORD — SENATE June 2, 2009 change to the U.S. label drug, the person of title 21, Code of Federal Regulations (or ference could be made to the U.S. label drug that submits the notice shall pay to the Sec- any corresponding successor rule or regula- the following shall occur: retary a fee in the same amount as would tion). ‘‘(i) During the period in which the notice apply if the person were paying a fee pursu- ‘‘(vii) PUBLICATION OF INFORMATION ON NO- is being reviewed by the Secretary, the au- ant to section 736(a)(1)(A)(ii). Subject to ap- TICES.— thority under this subsection to import the propriations Acts, fees collected by the Sec- ‘‘(I) IN GENERAL.—Through the Internet qualifying drug involved continues in effect. retary under the preceding sentence are website of the Food and Drug Administra- ‘‘(ii) If the Secretary determines that such available only to the Secretary and are for tion and a toll-free telephone number, the a supplemental application regarding the the sole purpose of paying the costs of re- Secretary shall readily make available to U.S. label drug would not be approved, the viewing notices submitted under clause (i). the public a list of notices submitted under Secretary shall— ‘‘(v) TIMING OF SUBMISSION OF NOTICES.— clause (i). ‘‘(I) order that the importation of the ‘‘(I) PRIOR APPROVAL NOTICES.—A notice ‘‘(II) CONTENTS.—The list under subclause qualifying drug involved from the permitted under clause (i) to which subparagraph (C) (I) shall include the date on which a notice is country cease; applies shall be submitted to the Secretary submitted and whether— ‘‘(II) notify the permitted country that ap- not later than 120 days before the qualifying ‘‘(aa) a notice is under review; proved the qualifying drug for commercial drug with the difference is introduced for ‘‘(bb) the Secretary has ordered that im- commercial distribution in a permitted portation of the qualifying drug from a per- distribution of the determination; and country, unless the country requires that mitted country cease; or ‘‘(III) promptly notify registered exporters, distribution of the qualifying drug with the ‘‘(cc) the importation of the drug is per- registered importers, the Federal Trade difference begin less than 120 days after the mitted under subsection (a). Commission, and the State attorneys general country requires the difference. ‘‘(III) UPDATE.—The Secretary shall of the determination. ‘‘(II) OTHER APPROVAL NOTICES.—A notice promptly update the Internet website with ‘‘(iii) If the Secretary determines that such under clause (i) to which subparagraph (D) any changes to the list. a supplemental application regarding the applies shall be submitted to the Secretary ‘‘(C) NOTICE; DRUG DIFFERENCE REQUIRING U.S. label drug would be approved, the dif- not later than the day on which the quali- PRIOR APPROVAL.—In the case of a notice ference shall be considered to be a variation fying drug with the difference is introduced under subparagraph (B)(i) that includes a dif- provided for in the approved application for for commercial distribution in a permitted ference that would, under section 506A(c) or the U.S. label drug. country. (d)(3)(B)(i), require the approval of a supple- ‘‘(E) NOTICE; DRUG DIFFERENCE NOT REQUIR- ‘‘(III) OTHER NOTICES.—A notice under mental application before the difference ING APPROVAL; NO DIFFERENCE.—In the case of clause (i) to which subparagraph (E) applies could be made to the U.S. label drug the fol- a notice under subparagraph (B)(i) that in- shall be submitted to the Secretary on the lowing shall occur: cludes a difference for which, under section date that the qualifying drug is first intro- ‘‘(i) Promptly after the notice is sub- 506A(d)(1)(A), a supplemental application duced for commercial distribution in a permitted, the Secretary shall notify registered would not be required for the difference to be mitted country and annually thereafter. exporters, registered importers, the Federal made to the U.S. label drug, or that states ‘‘(vi) REVIEW BY SECRETARY.— Trade Commission, and the State attorneys that there is no difference, the Secretary— ‘‘(I) IN GENERAL.—In this paragraph, the general that the notice has been submitted ‘‘(i) shall consider such difference to be a difference in a qualifying drug that is sub- with respect to the qualifying drug involved. variation provided for in the approved appli- mitted in a notice under clause (i) from the ‘‘(ii) If the Secretary has not made a deter- cation for the U.S. label drug; U.S. label drug shall be treated by the Sec- mination whether such a supplemental appli- ‘‘(ii) may not order that the importation of retary as if it were a manufacturing change cation regarding the U.S. label drug would be the qualifying drug involved cease; and to the U.S. label drug under section 506A. approved or disapproved by the date on ‘‘(iii) shall promptly notify registered ex- ‘‘(II) STANDARD OF REVIEW.—Except as pro- which the qualifying drug involved is to be porters and registered importers. vided in subclause (III), the Secretary shall introduced for commercial distribution in a ‘‘(F) DIFFERENCES IN ACTIVE INGREDIENT, review and approve or disapprove the dif- permitted country, the Secretary shall— ROUTE OF ADMINISTRATION, DOSAGE FORM, OR ference in a notice submitted under clause ‘‘(I) order that the importation of the STRENGTH.— (i), if required under section 506A, using the qualifying drug involved from the permitted ‘‘(i) IN GENERAL.—A person who manufac- safe and effective standard for approving or country not begin until the Secretary com- tures a drug approved under section 505(b) disapproving a manufacturing change under pletes review of the notice; and shall submit an application under section section 506A. ‘‘(II) promptly notify registered exporters, 505(b) for approval of another drug that is ‘‘(III) BIOEQUIVALENCE.—If the Secretary registered importers, the Federal Trade manufactured for distribution in a permitted would approve the difference in a notice sub- Commission, and the State attorneys general country by or for the person that manufac- mitted under clause (i) using the safe and ef- of the order. tures the drug approved under section 505(b) fective standard under section 506A and if ‘‘(iii) If the Secretary determines that such if— the Secretary determines that the qualifying a supplemental application regarding the ‘‘(I) there is no qualifying drug in commer- drug is not bioequivalent to the U.S. label U.S. label drug would not be approved, the cial distribution in permitted countries drug, the Secretary shall— Secretary shall— whose combined population represents at ‘‘(aa) include in the labeling provided ‘‘(I) order that the importation of the under paragraph (3) a prominent advisory qualifying drug involved from the permitted least 50 percent of the total population of all that the qualifying drug is safe and effective country cease, or provide that an order permitted countries with the same active in- but is not bioequivalent to the U.S. label under clause (ii), if any, remains in effect; gredient or ingredients, route of administra- drug if the Secretary determines that such ‘‘(II) notify the permitted country that ap- tion, dosage form, and strength as the drug an advisory is necessary for health care prac- proved the qualifying drug for commercial approved under section 505(b); and titioners and patients to use the qualifying distribution of the determination; and ‘‘(II) each active ingredient of the other drug safely and effectively; or ‘‘(III) promptly notify registered exporters, drug is related to an active ingredient of the ‘‘(bb) decline to approve the difference if registered importers, the Federal Trade drug approved under section 505(b), as de- the Secretary determines that the avail- Commission, and the State attorneys general fined in clause (v). ability of both the qualifying drug and the of the determination. ‘‘(ii) APPLICATION UNDER SECTION 505(b).— U.S. label drug would pose a threat to the ‘‘(iv) If the Secretary determines that such The application under section 505(b) required public health. a supplemental application regarding the under clause (i) shall— ‘‘(IV) REVIEW BY THE SECRETARY.—The Sec- U.S. label drug would be approved, the Sec- ‘‘(I) request approval of the other drug for retary shall review and approve or dis- retary shall— the indication or indications for which the approve the difference in a notice submitted ‘‘(I) vacate the order under clause (ii), if drug approved under section 505(b) is labeled; under clause (i), if required under section any; ‘‘(II) include the information that the per- 506A, not later than 120 days after the date ‘‘(II) consider the difference to be a vari- son submitted to the government of the per- on which the notice is submitted. ation provided for in the approved applica- mitted country for purposes of obtaining ap- ‘‘(V) ESTABLISHMENT INSPECTION.—If review tion for the U.S. label drug; proval for commercial distribution of the of such difference would require an inspec- ‘‘(III) permit importation of the qualifying other drug in that country, which if in a lan- tion of the establishment in which the quali- drug under subsection (a); and guage other than English, shall be accom- fying drug is manufactured— ‘‘(IV) promptly notify registered exporters, panied by an English translation verified to ‘‘(aa) such inspection by the Secretary registered importers, the Federal Trade be complete and accurate, with the name, shall be authorized; and Commission, and the State attorneys general address, and a brief statement of the quali- ‘‘(bb) the Secretary may rely on a satisfac- of the determination. fications of the person that made the trans- tory report of a good manufacturing practice ‘‘(D) NOTICE; DRUG DIFFERENCE NOT REQUIR- lation; inspection of the establishment from a per- ING PRIOR APPROVAL.—In the case of a notice ‘‘(III) include a right of reference to the ap- mitted country whose regulatory system the under subparagraph (B)(i) that includes a dif- plication for the drug approved under section Secretary recognizes as equivalent under a ference that would, under section 505(b); and mutual recognition agreement, as provided 506A(d)(3)(B)(ii), not require the approval of ‘‘(IV) include such additional information under section 510(i)(3), section 803, or part 26 a supplemental application before the dif- as the Secretary may require.

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‘‘(iii) TIMING OF SUBMISSION OF APPLICA- ‘‘(II) the lot number assigned by the manu- ‘‘(iii) the methods used in, or the facilities TION.—An application under section 505(b) re- facturer; or controls used for, the manufacturing, quired under clause (i) shall be submitted to ‘‘(III) the name and registration number of processing, packing, or holding of the drug the Secretary not later than the day on the exporter; do not conform to good manufacturing prac- which the information referred to in clause ‘‘(IV) if required under paragraph tice. (ii)(II) is submitted to the government of the (2)(B)(vi)(III), a prominent advisory that the ‘‘(G) The Secretary has obtained an injunc- permitted country. drug is safe and effective but not bioequiva- tion under section 302 that prohibits the dis- ‘‘(iv) NOTICE OF DECISION ON APPLICATION.— lent to the U.S. label drug; tribution of the drug in interstate com- The Secretary shall promptly notify reg- ‘‘(V) if the inactive ingredients of the drug merce. istered exporters, registered importers, the are different from the inactive ingredients ‘‘(H) The Secretary has under section 505(e) Federal Trade Commission, and the State at- for the U.S. label drug— withdrawn approval of the drug. torneys general of a determination to ap- ‘‘(aa) a prominent advisory that persons ‘‘(I) The manufacturer of the drug has in- prove or to disapprove an application under with an allergy should check the ingredient stituted a recall of the drug. section 505(b) required under clause (i). list of the drug because the ingredients of ‘‘(J) If the drug is imported or offered for ‘‘(v) RELATED ACTIVE INGREDIENTS.—For the drug differ from the ingredients of the import by a registered importer without sub- purposes of clause (i)(II), 2 active ingredients U.S. label drug; and mission of a notice in accordance with sub- are related if they are— ‘‘(bb) a list of the ingredients of the drug section (d)(4). ‘‘(I) the same; or as would be required under section 502(e); ‘‘(K) If the drug is imported or offered for ‘‘(II) different salts, esters, or complexes of import from a registered exporter to an indi- and the same moiety. vidual and 1 or more of the following applies: ‘‘(VI) a copy of any special labeling that ‘‘(3) SECTION 502; LABELING.— ‘‘(i) The shipping container for such drug would be required by the Secretary had the ‘‘(A) IMPORTATION BY REGISTERED IM- does not bear the markings required under U.S. label drug been dispensed by a phar- PORTER.— subsection (d)(2). macist in the United States, without regard ‘‘(i) IN GENERAL.—In the case of a quali- ‘‘(ii) The markings on the shipping con- to whether the special labeling bears any fying drug that is imported or offered for im- tainer appear to be counterfeit. trademark involved. port by a registered importer, such drug ‘‘(iii) The shipping container or markings shall be considered to be in compliance with ‘‘(ii) PACKAGING.—A qualifying drug offered appear to have been tampered with. section 502 and the labeling requirements for import to an individual by an exporter ‘‘(h) EXPORTER LICENSURE IN PERMITTED under the approved application for the U.S. under this section that is packaged in a unit- COUNTRY.—A registration condition is that label drug if the qualifying drug bears— of-use container (as those items are defined the exporter involved agrees that a quali- ‘‘(I) a copy of the labeling approved for the in the United States Pharmacopeia and Na- fying drug will be exported to an individual U.S. label drug under section 505, without re- tional Formulary) shall not be repackaged, only if the Secretary has verified that— gard to whether the copy bears any trade- provided that— ‘‘(1) the exporter is authorized under the mark involved; ‘‘(I) the packaging complies with all appli- law of the permitted country in which the ‘‘(II) the name of the manufacturer and lo- cable regulations under sections 3 and 4 of exporter is located to dispense prescription cation of the manufacturer; the Poison Prevention Packaging Act of 1970 drugs; and ‘‘(III) the lot number assigned by the man- (15 U.S.C. 1471 et seq.); or ‘‘(2) the exporter employs persons that are ufacturer; ‘‘(II) the consumer consents to waive the licensed under the law of the permitted ‘‘(IV) the name, location, and registration requirements of such Act, after being in- country in which the exporter is located to number of the importer; and formed that the packaging does not comply dispense prescription drugs in sufficient ‘‘(V) the National Drug Code number as- with such Act and that the exporter will pro- number to dispense safely the drugs exported signed to the qualifying drug by the Sec- vide the drug in packaging that is compliant by the exporter to individuals, and the ex- retary. at no additional cost. porter assigns to those persons responsibility ‘‘(ii) REQUEST FOR COPY OF THE LABELING.— ‘‘(iii) REQUEST FOR COPY OF SPECIAL LABEL- for dispensing such drugs to individuals. The Secretary shall provide such copy to the ING AND INGREDIENT LIST.—The Secretary ‘‘(i) INDIVIDUALS; CONDITIONS FOR IMPORTA- registered importer involved, upon request of shall provide to the registered exporter in- TION.— the importer. volved a copy of the special labeling, the ad- ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(iii) REQUESTED LABELING.—The labeling visory, and the ingredient list described section (a)(2)(B), the importation of a quali- provided by the Secretary under clause (ii) under clause (i), upon request of the ex- fying drug by an individual is in accordance shall— porter. with this subsection if the following condi- ‘‘(I) include the established name, as de- ‘‘(iv) REQUESTED LABELING AND INGREDIENT tions are met: fined in section 502(e)(3), for each active in- LIST.—The labeling and ingredient list pro- ‘‘(A) The drug is accompanied by a copy of gredient in the qualifying drug; vided by the Secretary under clause (iii) a prescription for the drug, which prescrip- ‘‘(II) not include the proprietary name of shall— tion— the U.S. label drug or any active ingredient ‘‘(I) include the established name, as de- ‘‘(i) is valid under applicable Federal and thereof; fined in section 502(e)(3), for each active in- State laws; and ‘‘(III) if required under paragraph gredient in the drug; and ‘‘(ii) was issued by a practitioner who, (2)(B)(vi)(III), a prominent advisory that the ‘‘(II) not include the proprietary name of under the law of a State of which the indi- qualifying drug is safe and effective but not the U.S. label drug or any active ingredient vidual is a resident, or in which the indi- bioequivalent to the U.S. label drug; and thereof. vidual receives care from the practitioner ‘‘(IV) if the inactive ingredients of the ‘‘(4) SECTION 501; ADULTERATION.—A quali- who issues the prescription, is authorized to qualifying drug are different from the inac- fying drug that is imported or offered for im- administer prescription drugs. tive ingredients for the U.S. label drug, in- port under subsection (a) shall be considered ‘‘(B) The drug is accompanied by a copy of clude— to be in compliance with section 501 if the the documentation that was required under ‘‘(aa) a prominent notice that the ingredi- drug is in compliance with subsection (c). the law or regulations of the permitted coun- ents of the qualifying drug differ from the in- ‘‘(5) STANDARDS FOR REFUSING ADMISSION.— try in which the exporter is located, as a gredients of the U.S. label drug and that the A drug exported under subsection (a) from a condition of dispensing the drug to the indi- qualifying drug must be dispensed with an registered exporter or imported by a reg- vidual. advisory to people with allergies about this istered importer may be refused admission ‘‘(C) The copies referred to in subpara- difference and a list of ingredients; and into the United States if 1 or more of the fol- graphs (A)(i) and (B) are marked in a manner ‘‘(bb) a list of the ingredients of the quali- lowing applies: sufficient— fying drug as would be required under sec- ‘‘(A) The drug is not a qualifying drug. ‘‘(i) to indicate that the prescription, and tion 502(e). ‘‘(B) A notice for the drug required under the equivalent document in the permitted ‘‘(B) IMPORTATION BY INDIVIDUAL.— paragraph (2)(B) has not been submitted to country in which the exporter is located, ‘‘(i) IN GENERAL.—In the case of a quali- the Secretary. have been filled; and fying drug that is imported or offered for im- ‘‘(C) The Secretary has ordered that impor- ‘‘(ii) to prevent a duplicative filling by an- port by a registered exporter to an indi- tation of the drug from the permitted coun- other pharmacist. vidual, such drug shall be considered to be in try cease under paragraph (2) (C) or (D). ‘‘(D) The individual has provided to the compliance with section 502 and the labeling ‘‘(D) The drug does not comply with para- registered exporter a complete list of all requirements under the approved application graph (3) or (4). drugs used by the individual for review by for the U.S. label drug if the packaging and ‘‘(E) The shipping container appears dam- the individuals who dispense the drug. labeling of the qualifying drug complies with aged in a way that may affect the strength, ‘‘(E) The quantity of the drug does not ex- all applicable regulations promulgated under quality, or purity of the drug. ceed a 90-day supply. sections 3 and 4 of the Poison Prevention ‘‘(F) The Secretary becomes aware that— ‘‘(F) The drug is not an ineligible subpart Packaging Act of 1970 (15 U.S.C. 1471 et seq.) ‘‘(i) the drug may be counterfeit; H drug. For purposes of this section, a pre- and the labeling of the qualifying drug in- ‘‘(ii) the drug may have been prepared, scription drug is an ‘ineligible subpart H cludes— packed, or held under insanitary conditions; drug’ if the drug was approved by the Sec- ‘‘(I) directions for use by the consumer; or retary under subpart H of part 314 of title 21,

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.046 S02JNPT1 smartinez on PROD1PC64 with SENATE S5960 CONGRESSIONAL RECORD — SENATE June 2, 2009 Code of Federal Regulations (relating to ac- the drug differ from the ingredients of the knowingly fail to submit such an application celerated approval), with restrictions under U.S. label drug; and on or before the date specified in subsection section 520 of such part to assure safe use, ‘‘(ii) a list of the ingredients of the drug as (g)(2)(F)(ii), knowingly submit such an appli- and the Secretary has published in the Fed- would be required under section 502(e). cation that makes a materially false, ficti- eral Register a notice that the Secretary has ‘‘(2) PACKAGING.—A qualifying drug that is tious, or fraudulent statement, or knowingly determined that good cause exists to pro- packaged in a unit-of-use container (as those fail to provide promptly any information re- hibit the drug from being imported pursuant terms are defined in the United States Phar- quested by the Secretary to review such an to this subsection. macopeia and National Formulary) shall not application; ‘‘(2) NOTICE REGARDING DRUG REFUSED AD- be repackaged, provided that— ‘‘(G) cause there to be a difference (includ- MISSION.—If a registered exporter ships a ‘‘(A) the packaging complies with all appli- ing a difference in active ingredient, route of drug to an individual pursuant to subsection cable regulations under sections 3 and 4 of administration, dosage form, strength, for- (a)(2)(B) and the drug is refused admission to the Poison Prevention Packaging Act of 1970 mulation, manufacturing establishment, the United States, a written notice shall be (15 U.S.C. 1471 et seq.); or manufacturing process, or person that manu- sent to the individual and to the exporter ‘‘(B) the consumer consents to waive the factures the drug) between a prescription that informs the individual and the exporter requirements of such Act, after being in- drug for distribution in the United States of such refusal and the reason for the refusal. formed that the packaging does not comply and the drug for distribution in a permitted ‘‘(j) MAINTENANCE OF RECORDS AND SAM- with such Act and that the pharmacist will country; PLES.— provide the drug in packaging that is compli- ‘‘(H) refuse to allow an inspection author- ‘‘(1) IN GENERAL.—A registration condition ant at no additional cost. ized under this section of an establishment is that the importer or exporter involved ‘‘(m) CHARITABLE CONTRIBUTIONS.—Not- that manufactures a qualifying drug that is, shall— withstanding any other provision of this sec- or will be, introduced for commercial dis- ‘‘(A) maintain records required under this tion, this section does not authorize the im- tribution in a permitted country; section for not less than 2 years; and portation into the United States of a quali- ‘‘(I) fail to conform to the methods used in, ‘‘(B) maintain samples of each lot of a fying drug donated or otherwise supplied for or the facilities used for, the manufacturing, qualifying drug required under this section free or at nominal cost by the manufacturer processing, packing, or holding of a quali- for not more than 2 years. of the drug to a charitable or humanitarian fying drug that is, or will be, introduced for ‘‘(2) PLACE OF RECORD MAINTENANCE.—The organization, including the United Nations commercial distribution in a permitted records described under paragraph (1) shall and affiliates, or to a government of a for- country to good manufacturing practice be maintained— eign country. under this Act; ‘‘(A) in the case of an importer, at the ‘‘(n) UNFAIR AND DISCRIMINATORY ACTS AND ‘‘(J) become a party to a licensing agree- place of business of the importer at which PRACTICES.— ment or other agreement related to a quali- the importer initially receives the qualifying ‘‘(1) IN GENERAL.—It is unlawful for a man- fying drug that fails to provide for compli- drug after importation; or ufacturer, directly or indirectly (including ance with all requirements of this section ‘‘(B) in the case of an exporter, at the facil- by being a party to a licensing agreement or with respect to such drug; ity from which the exporter ships the quali- other agreement), to— ‘‘(K) enter into a contract that restricts, fying drug to the United States. ‘‘(A) discriminate by charging a higher prohibits, or delays the importation of a ‘‘(k) DRUG RECALLS.— price for a prescription drug sold to a reg- qualifying drug under this section; ‘‘(1) MANUFACTURERS.—A person that man- istered exporter or other person in a per- ‘‘(L) engage in any other action to restrict, ufactures a qualifying drug imported from a mitted country that exports a qualifying prohibit, or delay the importation of a quali- permitted country under this section shall drug to the United States under this section fying drug under this section; or promptly inform the Secretary— than the price that is charged, inclusive of ‘‘(M) engage in any other action that the ‘‘(A) if the drug is recalled or withdrawn rebates or other incentives to the permitted Federal Trade Commission determines to from the market in a permitted country; country or other person, to another person discriminate against a person that engages ‘‘(B) how the drug may be identified, in- that is in the same country and that does or attempts to engage in the importation of cluding lot number; and not export a qualifying drug into the United a qualifying drug under this section. ‘‘(C) the reason for the recall or with- States under this section; ‘‘(2) REFERRAL OF POTENTIAL VIOLATIONS.— drawal. ‘‘(B) discriminate by charging a higher The Secretary shall promptly refer to the ‘‘(2) SECRETARY.—With respect to each per- price for a prescription drug sold to a reg- Federal Trade Commission each potential mitted country, the Secretary shall— istered importer or other person that distrib- violation of subparagraph (E), (F), (G), (H), ‘‘(A) enter into an agreement with the gov- utes, sells, or uses a qualifying drug im- or (I) of paragraph (1) that becomes known to ernment of the country to receive informa- ported into the United States under this sec- the Secretary. tion about recalls and withdrawals of quali- tion than the price that is charged to an- ‘‘(3) AFFIRMATIVE DEFENSE.— fying drugs in the country; or other person in the United States that does ‘‘(A) DISCRIMINATION.—It shall be an af- ‘‘(B) monitor recalls and withdrawals of not import a qualifying drug under this sec- firmative defense to a charge that a manu- qualifying drugs in the country using any in- tion, or that does not distribute, sell, or use facturer has discriminated under subpara- formation that is available to the public in such a drug; graph (A), (B), (C), (D), or (M) of paragraph any media. ‘‘(C) discriminate by denying, restricting, (1) that the higher price charged for a pre- ‘‘(3) NOTICE.—The Secretary may notify, as or delaying supplies of a prescription drug to scription drug sold to a person, the denial, appropriate, registered exporters, registered a registered exporter or other person in a restriction, or delay of supplies of a prescrip- importers, wholesalers, pharmacies, or the permitted country that exports a qualifying tion drug to a person, the refusal to do busi- public of a recall or withdrawal of a quali- drug to the United States under this section ness with a person, or other discriminatory fying drug in a permitted country. or to a registered importer or other person activity against a person, is not based, in ‘‘(l) DRUG LABELING AND PACKAGING.— that distributes, sells, or uses a qualifying whole or in part, on— ‘‘(1) IN GENERAL.—When a qualifying drug drug imported into the United States under ‘‘(i) the person exporting or importing a that is imported into the United States by this section; qualifying drug into the United States under an importer under subsection (a) is dispensed ‘‘(D) discriminate by publicly, privately, or this section; or by a pharmacist to an individual, the phar- otherwise refusing to do business with a reg- ‘‘(ii) the person distributing, selling, or macist shall provide that the packaging and istered exporter or other person in a per- using a qualifying drug imported into the labeling of the drug complies with all appli- mitted country that exports a qualifying United States under this section. cable regulations promulgated under sec- drug to the United States under this section ‘‘(B) DRUG DIFFERENCES.—It shall be an af- tions 3 and 4 of the Poison Prevention Pack- or with a registered importer or other person firmative defense to a charge that a manu- aging Act of 1970 (15 U.S.C. 1471 et seq.) and that distributes, sells, or uses a qualifying facturer has caused there to be a difference shall include with any other labeling pro- drug imported into the United States under described in subparagraph (G) of paragraph vided to the individual the following: this section; (1) that— ‘‘(A) The lot number assigned by the manu- ‘‘(E) knowingly fail to submit a notice ‘‘(i) the difference was required by the facturer. under subsection (g)(2)(B)(i), knowingly fail country in which the drug is distributed; ‘‘(B) The name and registration number of to submit such a notice on or before the date ‘‘(ii) the Secretary has determined that the the importer. specified in subsection (g)(2)(B)(v) or as oth- difference was necessary to improve the safe- ‘‘(C) If required under paragraph erwise required under subsection (e) (3), (4), ty or effectiveness of the drug; (2)(B)(vi)(III) of subsection (g), a prominent and (5) of section 4 of the Pharmaceutical ‘‘(iii) the person manufacturing the drug advisory that the drug is safe and effective Market Access and Drug Safety Act of 2009, for distribution in the United States has but not bioequivalent to the U.S. label drug. knowingly submit such a notice that makes given notice to the Secretary under sub- ‘‘(D) If the inactive ingredients of the drug a materially false, fictitious, or fraudulent section (g)(2)(B)(i) that the drug for distribu- are different from the inactive ingredients statement, or knowingly fail to provide tion in the United States is not different for the U.S. label drug— promptly any information requested by the from a drug for distribution in permitted ‘‘(i) a prominent advisory that persons Secretary to review such a notice; countries whose combined population rep- with allergies should check the ingredient ‘‘(F) knowingly fail to submit an applica- resents at least 50 percent of the total popu- list of the drug because the ingredients of tion required under subsection (g)(2)(F), lation of all permitted countries; or

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.046 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5961 ‘‘(iv) the difference was not caused, in State involved shall provide to the Federal meaning given it in the first section of the whole or in part, for the purpose of restrict- Trade Commission— Clayton Act, except that it includes section ing importation of the drug into the United ‘‘(aa) written notice of that action; and 5 of the Federal Trade Commission Act to States under this section. ‘‘(bb) a copy of the complaint for that ac- the extent that such section 5 applies to un- ‘‘(4) EFFECT OF SUBSECTION.— tion. fair methods of competition. ‘‘(A) SALES IN OTHER COUNTRIES.—This sub- ‘‘(II) EXEMPTION.—Subclause (I) shall not ‘‘(8) MANUFACTURER.—In this subsection, section applies only to the sale or distribu- apply with respect to the filing of an action the term ‘manufacturer’ means any entity, tion of a prescription drug in a country if the by an attorney general of a State under this including any affiliate or licensee of that en- manufacturer of the drug chooses to sell or paragraph, if the attorney general deter- tity, that is engaged in— distribute the drug in the country. Nothing mines that it is not feasible to provide the ‘‘(A) the production, preparation, propaga- in this subsection shall be construed to com- notice described in that subclause before fil- tion, compounding, conversion, or processing pel the manufacturer of a drug to distribute ing of the action. In such case, the attorney of a prescription drug, either directly or in- or sell the drug in a country. general of a State shall provide notice and a directly by extraction from substances of ‘‘(B) DISCOUNTS TO INSURERS, HEALTH copy of the complaint to the Federal Trade natural origin, or independently by means of PLANS, PHARMACY BENEFIT MANAGERS, AND Commission at the same time as the attor- chemical synthesis, or by a combination of ney general files the action. COVERED ENTITIES.—Nothing in this sub- extraction and chemical synthesis; or section shall be construed to— ‘‘(B) INTERVENTION.— ‘‘(B) the packaging, repackaging, labeling, ‘‘(i) prevent or restrict a manufacturer of a ‘‘(i) IN GENERAL.—On receiving notice relabeling, or distribution of a prescription under subparagraph (A)(ii), the Federal prescription drug from providing discounts drug.’’. Trade Commission shall have the right to in- (b) PROHIBITED ACTS.—The Federal Food, to an insurer, health plan, pharmacy benefit tervene in the action that is the subject of Drug, and Cosmetic Act is amended— manager in the United States, or covered en- the notice. (1) in section 301 (21 U.S.C. 331), by striking tity in the drug discount program under sec- ‘‘(ii) EFFECT OF INTERVENTION.—If the Fed- paragraph (aa) and inserting the following: tion 340B of the Public Health Service Act eral Trade Commission intervenes in an ac- ‘‘(aa)(1) The sale or trade by a pharmacist, (42 U.S.C. 256b) in return for inclusion of the tion under subparagraph (A), it shall have or by a business organization of which the drug on a formulary; the right— pharmacist is a part, of a qualifying drug ‘‘(ii) require that such discounts be made ‘‘(I) to be heard with respect to any matter that under section 804(a)(2)(A) was imported available to other purchasers of the prescrip- that arises in that action; and by the pharmacist, other than— tion drug; or ‘‘(II) to file a petition for appeal. ‘‘(A) a sale at retail made pursuant to dis- ‘‘(iii) prevent or restrict any other meas- ‘‘(C) CONSTRUCTION.—For purposes of bring- pensing the drug to a customer of the phar- ures taken by an insurer, health plan, or ing any civil action under subparagraph (A), macist or organization; or pharmacy benefit manager to encourage con- nothing in this subsection shall be construed ‘‘(B) a sale or trade of the drug to a phar- sumption of such prescription drug. to prevent an attorney general of a State macy or a wholesaler registered to import ‘‘(C) CHARITABLE CONTRIBUTIONS.—Nothing from exercising the powers conferred on the drugs under section 804. in this subsection shall be construed to— attorney general by the laws of that State ‘‘(2) The sale or trade by an individual of a ‘‘(i) prevent a manufacturer from donating to— qualifying drug that under section a prescription drug, or supplying a prescrip- ‘‘(i) conduct investigations; 804(a)(2)(B) was imported by the individual. tion drug at nominal cost, to a charitable or ‘‘(ii) administer oaths or affirmations; or ‘‘(3) The making of a materially false, fic- humanitarian organization, including the ‘‘(iii) compel the attendance of witnesses titious, or fraudulent statement or represen- United Nations and affiliates, or to a govern- or the production of documentary and other tation, or a material omission, in a notice ment of a foreign country; or evidence. under clause (i) of section 804(g)(2)(B) or in ‘‘(ii) apply to such donations or supplying ‘‘(D) ACTIONS BY THE COMMISSION.—In any an application required under section of a prescription drug. case in which an action is instituted by or on 804(g)(2)(F), or the failure to submit such a ‘‘(5) ENFORCEMENT.— behalf of the Federal Trade Commission for notice or application. ‘‘(A) UNFAIR OR DECEPTIVE ACT OR PRAC- a violation of paragraph (1), a State may not, ‘‘(4) The importation of a drug in violation TICE.—A violation of this subsection shall be during the pendency of that action, institute of a registration condition or other requirement under section 804, the falsification of treated as a violation of a rule defining an an action under subparagraph (A) for the any record required to be maintained, or pro- unfair or deceptive act or practice prescribed same violation against any defendant named vided to the Secretary, under such section, under section 18(a)(1)(B) of the Federal Trade in the complaint in that action. or the violation of any registration condition Commission Act (15 U.S.C. 57a(a)(1)(B)). ‘‘(E) VENUE.—Any action brought under or other requirement under such section.’’; ‘‘(B) ACTIONS BY THE COMMISSION.—The subparagraph (A) may be brought in the dis- and Federal Trade Commission— trict court of the United States that meets (2) in section 303(a) (21 U.S.C. 333(a)), by ‘‘(i) shall enforce this subsection in the applicable requirements relating to venue striking paragraph (6) and inserting the fol- same manner, by the same means, and with under section 1391 of title 28, United States the same jurisdiction, powers, and duties as lowing: Code. ‘‘(6) Notwithstanding subsection (a), any though all applicable terms and provisions of ‘‘(F) SERVICE OF PROCESS.—In an action person that knowingly violates section 301(i) the Federal Trade Commission Act (15 U.S.C. brought under subparagraph (A), process (2) or (3) or section 301(aa)(4) shall be impris- 41 et seq.) were incorporated into and made may be served in any district in which the oned not more than 10 years, or fined in ac- a part of this section; and defendant— cordance with title 18, United States Code, ‘‘(ii) may seek monetary relief threefold ‘‘(i) is an inhabitant; or or both.’’. the damages sustained, in addition to any ‘‘(ii) may be found. (c) AMENDMENT OF CERTAIN PROVISIONS.— other remedy available to the Federal Trade ‘‘(G) MEASUREMENT OF DAMAGES.—In any (1) IN GENERAL.—Section 801 of the Federal Commission under the Federal Trade Com- action under this paragraph to enforce a Food, Drug, and Cosmetic Act (21 U.S.C. 381) mission Act (15 U.S.C. 41 et seq.). cause of action under this subsection in is amended by striking subsection (g) and in- ‘‘(6) ACTIONS BY STATES.— which there has been a determination that a serting the following: ‘‘(A) IN GENERAL.— defendant has violated a provision of this ‘‘(g) With respect to a prescription drug ‘‘(i) CIVIL ACTIONS.—In any case in which subsection, damages may be proved and as- that is imported or offered for import into the attorney general of a State has reason to sessed in the aggregate by statistical or sam- the United States by an individual who is believe that an interest of the residents of pling methods, by the computation of illegal not in the business of such importation, that that State have been adversely affected by overcharges or by such other reasonable sys- is not shipped by a registered exporter under any manufacturer that violates paragraph tem of estimating aggregate damages as the section 804, and that is refused admission (1), the attorney general of a State may court in its discretion may permit without under subsection (a), the Secretary shall no- bring a civil action on behalf of the residents the necessity of separately proving the indi- tify the individual that— of the State, and persons doing business in vidual claim of, or amount of damage to, per- ‘‘(1) the drug has been refused admission the State, in a district court of the United sons on whose behalf the suit was brought. because the drug was not a lawful import States of appropriate jurisdiction to— ‘‘(H) EXCLUSION ON DUPLICATIVE RELIEF.— under section 804; ‘‘(I) enjoin that practice; The district court shall exclude from the ‘‘(2) the drug is not otherwise subject to a ‘‘(II) enforce compliance with this sub- amount of monetary relief awarded in an ac- waiver of the requirements of subsection (a); section; tion under this paragraph brought by the at- ‘‘(3) the individual may under section 804 ‘‘(III) obtain damages, restitution, or other torney general of a State any amount of lawfully import certain prescription drugs compensation on behalf of residents of the monetary relief which duplicates amounts from exporters registered with the Secretary State and persons doing business in the which have been awarded for the same in- under section 804; and State, including threefold the damages; or jury. ‘‘(4) the individual can find information ‘‘(IV) obtain such other relief as the court ‘‘(7) EFFECT ON ANTITRUST LAWS.—Nothing about such importation, including a list of may consider to be appropriate. in this subsection shall be construed to mod- registered exporters, on the Internet website ‘‘(ii) NOTICE.— ify, impair, or supersede the operation of the of the Food and Drug Administration or ‘‘(I) IN GENERAL.—Before filing an action antitrust laws. For the purpose of this sub- through a toll-free telephone number re- under clause (i), the attorney general of the section, the term ‘antitrust laws’ has the quired under section 804.’’.

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(2) ESTABLISHMENT REGISTRATION.—Section of enactment of this division, the Secretary shall be submitted to the Secretary not later 510(i) of the Federal Food, Drug, and Cos- may limit the number of registered exporters than 180 days after the date of enactment of metic Act (21 U.S.C. 360(i)) is amended in under such section 804 to not less than 100, so this division if— paragraph (1) by inserting after ‘‘import into long as the Secretary gives priority to those (A) the U.S. label drug for the qualifying the United States’’ the following: ‘‘, includ- exporters with demonstrated ability to proc- drug is 1 of the 100 prescription drugs with ing a drug that is, or may be, imported or of- ess a high volume of shipments of drugs to the highest dollar volume of sales in the fered for import into the United States under individuals in the United States. United States based on the 12 calendar section 804,’’. (F) FURTHER LIMIT ON NUMBER OF EXPORT- month period that is first completed on the (3) EFFECTIVE DATE.—The amendments ERS.—During any 1-year period beginning on date that is 120 days after the date of enact- made by this subsection shall take effect on a date that is 2 or more years after the date the date that is 90 days after the date of en- of enactment of this division, the Secretary ment of this division; or actment of this division. may limit the number of registered exporters (B) the notice is a notice under subsection (d) EXHAUSTION.— under such section 804 to not less than 25 (g)(2)(B)(i)(II) of such section 804. (1) IN GENERAL.—Section 271 of title 35, more than the number of such exporters dur- (6) NOTICE FOR OTHER DRUGS FOR IMPORT.— United States Code, is amended— ing the previous 1-year period, so long as the (A) GUIDANCE ON SUBMISSION DATES.—The (A) by redesignating subsections (h) and (i) Secretary gives priority to those exporters Secretary shall by guidance establish a seas (i) and (j), respectively; and with demonstrated ability to process a high ries of submission dates for the notices under (B) by inserting after subsection (g) the volume of shipments of drugs to individuals subsection (g)(2)(B)(i) of such section 804 following: in the United States. with respect to qualifying drugs introduced ‘‘(h) It shall not be an act of infringement (3) LIMITS ON NUMBER OF IMPORTERS.— for commercial distribution as of the date of to use, offer to sell, or sell within the United (A) FIRST YEAR LIMIT ON NUMBER OF IM- enactment of this division and that are not States or to import into the United States PORTERS.—During the 1-year period begin- required to be submitted under paragraph (4) any patented invention under section 804 of ning on the date that is 1 year after the date or (5). the Federal Food, Drug, and Cosmetic Act of enactment of this division, the Secretary (B) CONSISTENT AND EFFICIENT USE OF RE- that was first sold abroad by or under au- may limit the number of registered import- SOURCES.—The Secretary shall establish the thority of the owner or licensee of such pat- ers under such section 804 to not less than dates described under subparagraph (A) so ent.’’. 100 (of which at least a significant number (2) RULE OF CONSTRUCTION.—Nothing in the shall be groups of pharmacies, to the extent that such notices described under subpara- amendment made by paragraph (1) shall be feasible given the applications submitted by graph (A) are submitted and reviewed at a construed to affect the ability of a patent such groups), so long as the Secretary gives rate that allows consistent and efficient use owner or licensee to enforce their patent, priority to those importers with dem- of the resources and staff available to the subject to such amendment. onstrated ability to process a high volume of Secretary for such reviews. The Secretary (e) EFFECT OF SECTION 804.— shipments of drugs imported into the United may condition the requirement to submit (1) IN GENERAL.—Section 804 of the Federal States. such a notice, and the review of such a no- Food, Drug, and Cosmetic Act, as added by (B) SECOND YEAR LIMIT ON NUMBER OF IM- tice, on the submission by a registered ex- subsection (a), shall permit the importation PORTERS.—During the 1-year period begin- porter or a registered importer to the Sec- of qualifying drugs (as defined in such sec- ning on the date that is 2 years after the retary of a notice that such exporter or im- tion 804) into the United States without re- date of enactment of this division, the Sec- porter intends to import such qualifying gard to the status of the issuance of imple- retary may limit the number of registered drug to the United States under such section menting regulations— importers under such section 804 to not less 804. (A) from exporters registered under such than 200 (of which at least a significant num- (C) PRIORITY FOR DRUGS WITH HIGHER section 804 on the date that is 90 days after ber shall be groups of pharmacies, to the ex- SALES.—The Secretary shall establish the the date of enactment of this division; and tent feasible given the applications sub- dates described under subparagraph (A) so (B) from permitted countries, as defined in mitted by such groups), so long as the Sec- such section 804, by importers registered retary gives priority to those importers with that the Secretary reviews the notices de- under such section 804 on the date that is 1 demonstrated ability to process a high vol- scribed under such subparagraph with re- year after the date of enactment of this divi- ume of shipments of drugs into the United spect to qualifying drugs with higher dollar sion. States. volume of sales in the United States before (2) REVIEW OF REGISTRATION BY CERTAIN EX- (C) FURTHER LIMIT ON NUMBER OF IMPORT- the notices with respect to drugs with lower PORTERS.— ERS.—During any 1-year period beginning on sales in the United States. (A) REVIEW PRIORITY.—In the review of reg- a date that is 3 or more years after the date (7) NOTICES FOR DRUGS APPROVED AFTER EF- istrations submitted under subsection (b) of of enactment of this division, the Secretary FECTIVE DATE.—The notice required under such section 804, registrations submitted by may limit the number of registered import- subsection (g)(2)(B)(i) of such section 804 for entities in Canada that are significant ex- ers under such section 804 to not less than 50 a qualifying drug first introduced for com- porters of prescription drugs to individuals more (of which at least a significant number mercial distribution in a permitted country in the United States as of the date of enact- shall be groups of pharmacies, to the extent (as defined in such section 804) after the date ment of this division will have priority dur- feasible given the applications submitted by of enactment of this division shall be sub- ing the 90 day period that begins on such such groups) than the number of such im- mitted to and reviewed by the Secretary as date of enactment. porters during the previous 1-year period, so provided under subsection (g)(2)(B) of such (B) PERIOD FOR REVIEW.—During such 90- long as the Secretary gives priority to those section 804, without regard to paragraph (4), day period, the reference in subsection importers with demonstrated ability to proc- (b)(2)(A) of such section 804 to 90 days (relat- ess a high volume of shipments of drugs to (5), or (6). ing to approval or disapproval of registra- the United States. (8) REPORT.—Beginning with the first full tions) is, as applied to such entities, deemed (4) NOTICES FOR DRUGS FOR IMPORT FROM fiscal year after the date of enactment of to be 30 days. CANADA.—The notice with respect to a quali- this division, not later than 90 days after the (C) LIMITATION.—That an exporter in Can- fying drug introduced for commercial dis- end of each fiscal year during which the Sec- ada exports, or has exported, prescription tribution in Canada as of the date of enact- retary reviews a notice referred to in para- drugs to individuals in the United States on ment of this division that is required under graph (4), (5), or (6), the Secretary shall sub- or before the date that is 90 days after the subsection (g)(2)(B)(i) of such section 804 mit a report to Congress concerning the date of enactment of this division shall not shall be submitted to the Secretary not later progress of the Food and Drug Administra- serve as a basis, in whole or in part, for dis- than 30 days after the date of enactment of tion in reviewing the notices referred to in approving a registration under such section this division if— paragraphs (4), (5), and (6). 804 from the exporter. (A) the U.S. label drug (as defined in such (9) USER FEES.— (D) FIRST YEAR LIMIT ON NUMBER OF EX- section 804) for the qualifying drug is 1 of the (A) EXPORTERS.—When establishing an ag- PORTERS.—During the 1-year period begin- 100 prescription drugs with the highest dollar gregate total of fees to be collected from ex- ning on the date of enactment of this divi- volume of sales in the United States based porters under subsection (f)(2) of such sec- sion, the Secretary of Health and Human on the 12 calendar month period most re- tion 804, the Secretary shall, under sub- Services (referred to in this section as the cently completed before the date of enact- section (f)(3)(C)(i) of such section 804, esti- ‘‘Secretary’’) may limit the number of reg- ment of this division; or mate the total price of drugs imported under istered exporters under such section 804 to (B) the notice is a notice under subsection subsection (a) of such section 804 into the not less than 50, so long as the Secretary (g)(2)(B)(i)(II) of such section 804. United States by registered exporters during gives priority to those exporters with dem- (5) NOTICE FOR DRUGS FOR IMPORT FROM the first fiscal year in which this division onstrated ability to process a high volume of OTHER COUNTRIES.—The notice with respect shipments of drugs to individuals in the to a qualifying drug introduced for commer- takes effect to be an amount equal to the United States. cial distribution in a permitted country amount which bears the same ratio to (E) SECOND YEAR LIMIT ON NUMBER OF EX- other than Canada as of the date of enact- $1,000,000,000 as the number of days in such PORTERS.—During the 1-year period begin- ment of this division that is required under fiscal year during which this division is ef- ning on the date that is 1 year after the date subsection (g)(2)(B)(i) of such section 804 fective bears to 365.

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(B) IMPORTERS.—When establishing an ag- (10) SPECIAL RULE REGARDING IMPORTATION the report is being prepared to enforce the gregate total of fees to be collected from im- BY INDIVIDUALS.— provisions of section 804(n) of the Federal porters under subsection (e)(2) of such sec- (A) IN GENERAL.—Notwithstanding any pro- Food, Drug, and Cosmetic Act (as added by tion 804, the Secretary shall, under sub- vision of this division (or an amendment this division), including any pending inves- section (e)(3)(C)(i) of such section 804, esti- made by this division), the Secretary shall tigations or civil actions under such section. mate the total price of drugs imported under expedite the designation of any additional SEC. 5. DISPOSITION OF CERTAIN DRUGS DENIED subsection (a) of such section 804 into the countries from which an individual may im- ADMISSION INTO UNITED STATES. United States by registered importers dur- port a qualifying drug into the United States (a) IN GENERAL.—Chapter VIII of the Fed- ing— under such section 804 if any action imple- eral Food, Drug, and Cosmetic Act (21 U.S.C. (i) the first fiscal year in which this divi- mented by the Government of Canada has 381 et seq.), as amended by section 4, is fur- sion takes effect to be an amount equal to the effect of limiting or prohibiting the im- ther amended by adding at the end the fol- the amount which bears the same ratio to portation of qualifying drugs into the United lowing section: $1,000,000,000 as the number of days in such States from Canada. ‘‘SEC. 805. DISPOSITION OF CERTAIN DRUGS DE- fiscal year during which this division is ef- (B) TIMING AND CRITERIA.—The Secretary NIED ADMISSION. fective bears to 365; and shall designate such additional countries ‘‘(a) IN GENERAL.—The Secretary of Home- (ii) the second fiscal year in which this di- under subparagraph (A)— land Security shall deliver to the Secretary vision is in effect to be $3,000,000,000. (i) not later than 6 months after the date of a shipment of drugs that is imported or of- (C) SECOND YEAR ADJUSTMENT.— the action by the Government of Canada de- fered for import into the United States if— (i) REPORTS.—Not later than February 20 of scribed under such subparagraph; and ‘‘(1) the shipment has a declared value of the second fiscal year in which this division (ii) using the criteria described under sub- less than $10,000; and is in effect, registered importers shall report section (a)(4)(D)(i)(II) of such section 804. ‘‘(2)(A) the shipping container for such to the Secretary the total price and the total (f) IMPLEMENTATION OF SECTION 804.— drugs does not bear the markings required volume of drugs imported to the United (1) INTERIM RULE.—The Secretary may pro- under section 804(d)(2); or States by the importer during the 4-month mulgate an interim rule for implementing ‘‘(B) the Secretary has requested delivery period from October 1 through January 31 of section 804 of the Federal Food, Drug, and of such shipment of drugs. such fiscal year. Cosmetic Act, as added by subsection (a) of ‘‘(b) NO BOND OR EXPORT.—Section 801(b) (ii) REESTIMATE.—Notwithstanding sub- this section. does not authorize the delivery to the owner section (e)(3)(C)(ii) of such section 804 or sub- (2) NO NOTICE OF PROPOSED RULEMAKING.— or consignee of drugs delivered to the Sec- paragraph (B), the Secretary shall reesti- The interim rule described under paragraph retary under subsection (a) pursuant to the mate the total price of qualifying drugs im- (1) may be developed and promulgated by the execution of a bond, and such drugs may not ported under subsection (a) of such section Secretary without providing general notice be exported. 804 into the United States by registered im- of proposed rulemaking. ‘‘(c) DESTRUCTION OF VIOLATIVE SHIP- porters during the second fiscal year in (3) FINAL RULE.—Not later than 1 year after MENT.—The Secretary shall destroy a ship- which this division is in effect. Such reesti- the date on which the Secretary promulgates ment of drugs delivered by the Secretary of mate shall be equal to— an interim rule under paragraph (1), the Sec- Homeland Security to the Secretary under (I) the total price of qualifying drugs im- retary shall, in accordance with procedures subsection (a) if— ported by each importer as reported under under section 553 of title 5, United States ‘‘(1) in the case of drugs that are imported clause (i); multiplied by Code, promulgate a final rule for imple- or offered for import from a registered ex- (II) 3. menting such section 804, which may incor- porter under section 804, the drugs are in vio- (iii) ADJUSTMENT.—The Secretary shall ad- porate by reference provisions of the interim lation of any standard described in section just the fee due on April 1 of the second fis- rule provided for under paragraph (1), to the 804(g)(5); or cal year in which this division is in effect, extent that such provisions are not modified. ‘‘(2) in the case of drugs that are not im- (g) CONSUMER EDUCATION.—The Secretary from each importer so that the aggregate ported or offered for import from a reg- shall carry out activities that educate con- total of fees collected under subsection (e)(2) istered exporter under section 804, the drugs sumers— for such fiscal year does not exceed the total are in violation of a standard referred to in (1) with regard to the availability of quali- price of qualifying drugs imported under subsection 801(a) or 801(d)(1). fying drugs for import for personal use from section (a) of such section 804 into the ‘‘(d) CERTAIN PROCEDURES.— an exporter registered with and approved by United States by registered importers during ‘‘(1) IN GENERAL.—The delivery and de- the Food and Drug Administration under such fiscal year as reestimated under clause struction of drugs under this section may be section 804 of the Federal Food, Drug, and (ii). carried out without notice to the importer, Cosmetic Act, as added by this section, in- (D) FAILURE TO PAY FEES.—Notwith- owner, or consignee of the drugs except as cluding information on how to verify wheth- standing any other provision of this section, required by section 801(g) or section 804(i)(2). er an exporter is registered and approved by the Secretary may prohibit a registered im- The issuance of receipts for the drugs, and use of the Internet website of the Food and porter or exporter that is required to pay recordkeeping activities regarding the drugs, Drug Administration and the toll-free tele- user fees under subsection (e) or (f) of such may be carried out on a summary basis. phone number required by this division; section 804 and that fails to pay such fees ‘‘(2) OBJECTIVE OF PROCEDURES.—Proce- (2) that drugs that consumers attempt to within 30 days after the date on which it is dures promulgated under paragraph (1) shall import from an exporter that is not reg- due, from importing or offering for importa- be designed toward the objective of ensuring istered with and approved by the Food and tion a qualifying drug under such section 804 that, with respect to efficiently utilizing Drug Administration can be seized by the until such fee is paid. Federal resources available for carrying out United States Customs Service and de- (E) ANNUAL REPORT.— this section, a substantial majority of ship- stroyed, and that such drugs may be counter- (i) FOOD AND DRUG ADMINISTRATION.—Not ments of drugs subject to described in sub- feit, unapproved, unsafe, or ineffective; later than 180 days after the end of each fis- section (c) are identified and destroyed. (3) with regard to the suspension and ter- cal year during which fees are collected ‘‘(e) EVIDENCE EXCEPTION.—Drugs may not mination of any registration of a registered under subsection (e), (f), or (g)(2)(B)(iv) of be destroyed under subsection (c) to the ex- importer or exporter under such section 804; such section 804, the Secretary shall prepare tent that the Attorney General of the United and and submit to the House of Representatives States determines that the drugs should be (4) with regard to the availability at do- and the Senate a report on the implementa- preserved as evidence or potential evidence mestic retail pharmacies of qualifying drugs tion of the authority for such fees during with respect to an offense against the United imported under such section 804 by domestic such fiscal year and the use, by the Food and States. wholesalers and pharmacies registered with Drug Administration, of the fees collected ‘‘(f) RULE OF CONSTRUCTION.—This section and approved by the Food and Drug Adminis- for the fiscal year for which the report is may not be construed as having any legal ef- tration. made and credited to the Food and Drug Ad- fect on applicable law with respect to a ship- (h) EFFECT ON ADMINISTRATION PRAC- ministration. ment of drugs that is imported or offered for TICES.—Notwithstanding any provision of (ii) CUSTOMS AND BORDER CONTROL.—Not this division (and the amendments made by import into the United States and has a de- later than 180 days after the end of each fis- this division), the practices and policies of clared value equal to or greater than cal year during which fees are collected the Food and Drug Administration and Bu- $10,000.’’. under subsection (e) or (f) of such section 804, reau of Customs and Border Protection, in (b) PROCEDURES.—Procedures for carrying the Secretary of Homeland Security, in con- effect on January 1, 2004, with respect to the out section 805 of the Federal Food, Drug, sultation with the Secretary of the Treas- importation of prescription drugs into the and Cosmetic Act, as added by subsection ury, shall prepare and submit to the House of United States by an individual, on the per- (a), shall be established not later than 90 Representatives and the Senate a report on son of such individual, for personal use, shall days after the date of the enactment of this the use, by the Bureau of Customs and Bor- remain in effect. division. der Protection, of the fees, if any, trans- (i) REPORT TO CONGRESS.—The Federal (c) EFFECTIVE DATE.—The amendments ferred by the Secretary to the Bureau of Cus- Trade Commission shall, on an annual basis, made by this section shall take effect on the toms and Border Protection for the fiscal submit to Congress a report that describes date that is 90 days after the date of enact- year for which the report is made. any action taken during the period for which ment of this division.

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WHOLESALE DISTRIBUTION OF DRUGS; date that is 90 days after the date of enact- a prescription drug, fails to meet each of the STATEMENTS REGARDING PRIOR ment of this division with respect to quali- requirements specified in paragraph (2), SALE, PURCHASE, OR TRADE. fying drugs imported under section 804 of the other than a site or pages on a site that— (a) STRIKING OF EXEMPTIONS; APPLICABILITY Federal Food, Drug, and Cosmetic Act, as ‘‘(i) are not intended to be accessed by pur- TO REGISTERED EXPORTERS.—Section 503(e) of added by section 4. chasers or prospective purchasers; or the Federal Food, Drug, and Cosmetic Act (3) EFFECT WITH RESPECT TO REGISTERED EX- ‘‘(ii) provide an Internet information loca- (21 U.S.C. 353(e)) is amended— PORTERS.—The amendment made by sub- tion tool within the meaning of section (1) in paragraph (1)— section (a)(2) shall take effect on the date 231(e)(5) of the Communications Act of 1934 (A) by striking ‘‘and who is not the manu- that is 90 days after the date of enactment of (47 U.S.C. 231(e)(5)). facturer or an authorized distributor of this division. ‘‘(2) REQUIREMENTS.—With respect to an record of such drug’’; (4) ALTERNATIVE REQUIREMENTS.—The Sec- Internet site, the requirements referred to in (B) by striking ‘‘to an authorized dis- retary shall issue regulations to establish subparagraph (C) of paragraph (1) for a per- tributor of record or’’; and the alternative requirements, referred to in son to whom such paragraph applies are as (C) by striking subparagraph (B) and in- the amendment made by subsection (a)(1), follows: serting the following: that take effect not later than January 1, ‘‘(A) Each page of the site shall include ei- ‘‘(B) The fact that a drug subject to sub- 2012. ther the following information or a link to a section (b) is exported from the United (5) INTERMEDIATE REQUIREMENTS.—The Sec- page that provides the following informa- States does not with respect to such drug ex- retary shall by regulation require the use of tion: empt any person that is engaged in the busi- standardized anti-counterfeiting or track- ‘‘(i) The name of such person. ness of the wholesale distribution of the drug and-trace technologies on prescription drugs ‘‘(ii) Each State in which the person is au- from providing the statement described in at the case and pallet level effective not thorized by law to dispense prescription subparagraph (A) to the person that receives later than 1 year after the date of enactment drugs. the drug pursuant to the export of the drug. of this division. ‘‘(iii) The address and telephone number of ‘‘(C)(i) The Secretary shall by regulation (6) ADDITIONAL REQUIREMENTS.— each place of business of the person with reestablish requirements that supersede sub- (A) IN GENERAL.—Notwithstanding any spect to sales of prescription drugs through paragraph (A) (referred to in this subpara- other provision of this section, the Secretary the Internet, other than a place of business graph as ‘alternative requirements’) to iden- shall, not later than 18 months after the date that does not mail or ship prescription drugs tify the chain of custody of a drug subject to of enactment of this division, require that to purchasers. subsection (b) from the manufacturer of the the packaging of any prescription drug in- ‘‘(iv) The name of each individual who drug throughout the wholesale distribution corporates— serves as a pharmacist for prescription drugs of the drug to a pharmacist who intends to (i) a standardized numerical identifier that are mailed or shipped pursuant to the sell the drug at retail if the Secretary deter- unique to each package of such drug, applied site, and each State in which the individual mines that the alternative requirements, at the point of manufacturing and repack- is authorized by law to dispense prescription which may include standardized anti-coun- aging (in which case the numerical identifier drugs. terfeiting or track-and-trace technologies, shall be linked to the numerical identifier ‘‘(v) If the person provides for medical con- will identify such chain of custody or the applied at the point of manufacturing); and sultations through the site for purposes of identity of the discrete package of the drug (ii)(I) overt optically variable counterfeit- providing prescriptions, the name of each in- from which the drug is dispensed with equal resistant technologies that— dividual who provides such consultations; or greater certainty to the requirements of (aa) are visible to the naked eye, providing each State in which the individual is li- subparagraph (A), and that the alternative for visual identification of product authen- censed or otherwise authorized by law to requirements are economically and tech- ticity without the need for readers, micro- provide such consultations or practice medi- nically feasible. scopes, lighting devices, or scanners; cine; and the type or types of health profes- ‘‘(ii) When the Secretary promulgates a (bb) are similar to that used by the Bureau sions for which the individual holds such li- final rule to establish such alternative re- of Engraving and Printing to secure United censes or other authorizations. quirements, the final rule in addition shall, States currency; ‘‘(B) A link to which paragraph (1) applies with respect to the registration condition es- (cc) are manufactured and distributed in a shall be displayed in a clear and prominent tablished in clause (i) of section 804(c)(3)(B), highly secure, tightly controlled environ- place and manner, and shall include in the establish a condition equivalent to the alter- ment; and caption for the link the words ‘licensing and native requirements, and such equivalent (dd) incorporate additional layers of non- contact information’. condition may be met in lieu of the registra- visible convert security features up to and ‘‘(b) INTERNET SALES WITHOUT APPRO- tion condition established in such clause including forensic capability, as described in PRIATE MEDICAL RELATIONSHIPS.— (i).’’; subparagraph (B); or ‘‘(1) IN GENERAL.—Except as provided in (2) in paragraph (2)(A), by adding at the (II) technologies that have a function of se- paragraph (2), a person may not dispense a end the following: ‘‘The preceding sentence curity comparable to that described in sub- prescription drug, or sell such a drug, if— may not be construed as having any applica- clause (I), as determined by the Secretary. ‘‘(A) for purposes of such dispensing or bility with respect to a registered exporter (B) STANDARDS FOR PACKAGING.—For the sale, the purchaser communicated with the under section 804.’’; and purpose of making it more difficult to coun- person through the Internet; (3) in paragraph (3), by striking ‘‘and sub- terfeit the packaging of drugs subject to this ‘‘(B) the patient for whom the drug was section (d)—’’ in the matter preceding subparagraph, the manufacturers of such drugs dispensed or purchased did not, when such paragraph (A) and all that follows through shall incorporate the technologies described communications began, have a prescription ‘‘the term ‘wholesale distribution’ means’’ in in subparagraph (A) into at least 1 additional for the drug that is valid in the United subparagraph (B) and inserting the fol- element of the physical packaging of the States; lowing: ‘‘and subsection (d), the term ‘whole- drugs, including blister packs, shrink wrap, ‘‘(C) pursuant to such communications, the sale distribution’ means’’. package labels, package seals, bottles, and person provided for the involvement of a (b) CONFORMING AMENDMENT.—Section 503(d) of the Federal Food, Drug, and Cos- boxes. practitioner, or an individual represented by metic Act (21 U.S.C. 353(d)) is amended by SEC. 7. INTERNET SALES OF PRESCRIPTION the person as a practitioner, and the practi- adding at the end the following: DRUGS. tioner or such individual issued a prescrip- ‘‘(4) Each manufacturer of a drug subject (a) IN GENERAL.—Chapter V of the Federal tion for the drug that was purchased; to subsection (b) shall maintain at its cor- Food, Drug, and Cosmetic Act (21 U.S.C. 351 ‘‘(D) the person knew, or had reason to porate offices a current list of the authorized et seq.) is amended by inserting after section know, that the practitioner or the individual distributors of record of such drug. 503B the following: referred to in subparagraph (C) did not, when ‘‘(5) For purposes of this subsection, the ‘‘SEC. 503C. INTERNET SALES OF PRESCRIPTION issuing the prescription, have a qualifying term ‘authorized distributors of record’ DRUGS. medical relationship with the patient; and means those distributors with whom a manu- ‘‘(a) REQUIREMENTS REGARDING INFORMA- ‘‘(E) the person received payment for the facturer has established an ongoing relation- TION ON INTERNET SITE.— dispensing or sale of the drug. ship to distribute such manufacturer’s prod- ‘‘(1) IN GENERAL.—A person may not dis- For purposes of subparagraph (E), payment ucts.’’. pense a prescription drug pursuant to a sale is received if money or other valuable con- (c) EFFECTIVE DATE.— of the drug by such person if— sideration is received. (1) IN GENERAL.—The amendments made by ‘‘(A) the purchaser of the drug submitted ‘‘(2) EXCEPTIONS.—Paragraph (1) does not paragraphs (1) and (3) of subsection (a) and the purchase order for the drug, or conducted apply to— by subsection (b) shall take effect on Janu- any other part of the sales transaction for ‘‘(A) the dispensing or selling of a prescrip- ary 1, 2012. the drug, through an Internet site; tion drug pursuant to telemedicine practices (2) DRUGS IMPORTED BY REGISTERED IMPORT- ‘‘(B) the person dispenses the drug to the sponsored by— ERS UNDER SECTION 804.—Notwithstanding purchaser by mailing or shipping the drug to ‘‘(i) a hospital that has in effect a provider paragraph (1), the amendments made by the purchaser; and agreement under title XVIII of the Social paragraphs (1) and (3) of subsection (a) and ‘‘(C) such site, or any other Internet site Security Act (relating to the Medicare pro- by subsection (b) shall take effect on the used by such person for purposes of sales of gram); or

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‘‘(ii) a group practice that has not fewer ‘‘(3) CONSTRUCTION.—For purposes of bring- methods that use designations such as than 100 physicians who have in effect pro- ing any civil action under paragraph (1), ‘.com’, ‘.edu’, ‘.gov’, ‘.net’, or ‘.org’. vider agreements under such title; or nothing in this chapter shall prevent an at- ‘‘(iii) The term ‘Internet Protocol num- ‘‘(B) the dispensing or selling of a prescrip- torney general of a State from exercising the bers’ includes any successor protocol for de- tion drug pursuant to practices that promote powers conferred on the attorney general by termining a specific location on the Inter- the public health, as determined by the Sec- the laws of such State to conduct investiga- net. retary by regulation. tions or to administer oaths or affirmations ‘‘(2) AUTHORITY OF SECRETARY.—The Sec- ‘‘(3) QUALIFYING MEDICAL RELATIONSHIP.— or to compel the attendance of witnesses or retary may by regulation modify any defini- ‘‘(A) IN GENERAL.—With respect to issuing the production of documentary and other tion under paragraph (1) to take into ac- a prescription for a drug for a patient, a evidence. count changes in technology. practitioner has a qualifying medical rela- ‘‘(4) VENUE; SERVICE OF PROCESS.—Any civil ‘‘(g) INTERACTIVE COMPUTER SERVICE; AD- tionship with the patient for purposes of this action brought under paragraph (1) in a dis- VERTISING.—No provider of an interactive section if— trict court of the United States may be computer service, as defined in section ‘‘(i) at least one in-person medical evalua- brought in the district in which the defend- 230(f)(2) of the Communications Act of 1934 tion of the patient has been conducted by the ant is found, is an inhabitant, or transacts (47 U.S.C. 230(f)(2)), or of advertising services practitioner; or business or wherever venue is proper under shall be liable under this section for dis- ‘‘(ii) the practitioner conducts a medical section 1391 of title 28, United States Code. pensing or selling prescription drugs in vio- evaluation of the patient as a covering prac- Process in such an action may be served in lation of this section on account of another titioner. any district in which the defendant is an in- person’s selling or dispensing such drugs, ‘‘(B) IN-PERSON MEDICAL EVALUATION.—A habitant or in which the defendant may be provided that the provider of the interactive medical evaluation by a practitioner is an found. computer service or of advertising services in-person medical evaluation for purposes of ‘‘(5) ACTIONS BY OTHER STATE OFFICIALS.— does not own or exercise corporate control this section if the practitioner is in the phys- ‘‘(A) Nothing contained in this section over such person.’’. ical presence of the patient as part of con- shall prohibit an authorized State official (b) INCLUSION AS PROHIBITED ACT.—Section ducting the evaluation, without regard to from proceeding in State court on the basis 301 of the Federal Food, Drug, and Cosmetic whether portions of the evaluation are con- of an alleged violation of any civil or crimi- Act (21 U.S.C. 331) is amended by inserting ducted by other health professionals. nal statute of such State. after paragraph (k) the following: ‘‘(C) COVERING PRACTITIONER.—With respect ‘‘(B) In addition to actions brought by an ‘‘(l) The dispensing or selling of a prescrip- to a patient, a practitioner is a covering attorney general of a State under paragraph tion drug in violation of section 503C.’’. (c) INTERNET SALES OF PRESCRIPTION practitioner for purposes of this section if (1), such an action may be brought by offi- DRUGS; CONSIDERATION BY SECRETARY OF the practitioner conducts a medical evalua- cers of such State who are authorized by the PRACTICES AND PROCEDURES FOR CERTIFI- tion of the patient at the request of a practi- State to bring actions in such State on be- CATION OF LEGITIMATE BUSINESSES.—In car- tioner who has conducted at least one in-per- half of its residents. son medical evaluation of the patient and is rying out section 503C of the Federal Food, ‘‘(d) EFFECT OF SECTION.—This section temporarily unavailable to conduct the eval- Drug, and Cosmetic Act (as added by sub- shall not apply to a person that is a reg- uation of the patient. A practitioner is a cov- section (a) of this section), the Secretary of istered exporter under section 804. ering practitioner without regard to whether Health and Human Services shall take into the practitioner has conducted any in-person ‘‘(e) GENERAL DEFINITIONS.—For purposes consideration the practices and procedures of medical evaluation of the patient involved. of this section: public or private entities that certify that ‘‘(4) RULES OF CONSTRUCTION.— ‘‘(1) The term ‘practitioner’ means a prac- businesses selling prescription drugs through ‘‘(A) INDIVIDUALS REPRESENTED AS PRACTI- titioner referred to in section 503(b)(1) with Internet sites are legitimate businesses, in- TIONERS.—A person who is not a practitioner respect to issuing a written or oral prescrip- cluding practices and procedures regarding (as defined in subsection (e)(1)) lacks legal tion. disclosure formats and verification pro- capacity under this section to have a quali- ‘‘(2) The term ‘prescription drug’ means a grams. fying medical relationship with any patient. drug that is described in section 503(b)(1). (d) REPORTS REGARDING INTERNET-RELATED ‘‘(B) STANDARD PRACTICE OF PHARMACY.— ‘‘(3) The term ‘qualifying medical relation- VIOLATIONS OF FEDERAL AND STATE LAWS ON Paragraph (1) may not be construed as pro- ship’, with respect to a practitioner and a pa- DISPENSING OF DRUGS.— hibiting any conduct that is a standard prac- tient, has the meaning indicated for such (1) IN GENERAL.—The Secretary of Health tice in the practice of pharmacy. term in subsection (b). and Human Services (referred to in this sub- ‘‘(C) APPLICABILITY OF REQUIREMENTS.— ‘‘(f) INTERNET-RELATED DEFINITIONS.— section as the ‘‘Secretary’’) shall, pursuant Paragraph (3) may not be construed as hav- ‘‘(1) IN GENERAL.—For purposes of this sec- to the submission of an application meeting ing any applicability beyond this section, tion: the criteria of the Secretary, make an award and does not affect any State law, or inter- ‘‘(A) The term ‘Internet’ means collec- of a grant or contract to the National Clear- pretation of State law, concerning the prac- tively the myriad of computer and tele- inghouse on Internet Prescribing (operated tice of medicine. communications facilities, including equip- by the Federation of State Medical Boards) ‘‘(c) ACTIONS BY STATES.— ment and operating software, which com- for the purpose of— ‘‘(1) IN GENERAL.—Whenever an attorney prise the interconnected world-wide network (A) identifying Internet sites that appear general of any State has reason to believe of networks that employ the transmission to be in violation of Federal or State laws that the interests of the residents of that control protocol/internet protocol, or any concerning the dispensing of drugs; State have been or are being threatened or predecessor or successor protocols to such (B) reporting such sites to State medical adversely affected because any person has protocol, to communicate information of all licensing boards and State pharmacy licens- engaged or is engaging in a pattern or prac- kinds by wire or radio. ing boards, and to the Attorney General and tice that violates section 301(l), the State ‘‘(B) The term ‘link’, with respect to the the Secretary, for further investigation; and may bring a civil action on behalf of its resi- Internet, means one or more letters, words, (C) submitting, for each fiscal year for dents in an appropriate district court of the numbers, symbols, or graphic items that ap- which the award under this subsection is United States to enjoin such practice, to en- pear on a page of an Internet site for the pur- made, a report to the Secretary describing force compliance with such section (includ- pose of serving, when activated, as a method investigations undertaken with respect to ing a nationwide injunction), to obtain dam- for executing an electronic command— violations described in subparagraph (A). ages, restitution, or other compensation on ‘‘(i) to move from viewing one portion of a (2) AUTHORIZATION OF APPROPRIATIONS.— behalf of residents of such State, to obtain page on such site to another portion of the For the purpose of carrying out paragraph reasonable attorneys fees and costs if the page; (1), there is authorized to be appropriated State prevails in the civil action, or to ob- ‘‘(ii) to move from viewing one page on $100,000 for each of the first 3 fiscal years in tain such further and other relief as the such site to another page on such site; or which this section is in effect. court may deem appropriate. ‘‘(iii) to move from viewing a page on one (e) EFFECTIVE DATE.—The amendments ‘‘(2) NOTICE.—The State shall serve prior Internet site to a page on another Internet made by subsections (a) and (b) take effect 90 written notice of any civil action under para- site. days after the date of enactment of this divi- graph (1) or (5)(B) upon the Secretary and ‘‘(C) The term ‘page’, with respect to the sion, without regard to whether a final rule provide the Secretary with a copy of its com- Internet, means a document or other file to implement such amendments has been plaint, except that if it is not feasible for the accessed at an Internet site. promulgated by the Secretary of Health and State to provide such prior notice, the State ‘‘(D)(i) The terms ‘site’ and ‘address’, with Human Services under section 701(a) of the shall serve such notice immediately upon in- respect to the Internet, mean a specific loca- Federal Food, Drug, and Cosmetic Act. The stituting such action. Upon receiving a notion on the Internet that is determined by preceding sentence may not be construed as tice respecting a civil action, the Secretary Internet Protocol numbers. Such term in- affecting the authority of such Secretary to shall have the right— cludes the domain name, if any. promulgate such a final rule. ‘‘(A) to intervene in such action; ‘‘(ii) The term ‘domain name’ means a SEC. 8. PROHIBITING PAYMENTS TO UNREGIS- ‘‘(B) upon so intervening, to be heard on all method of representing an Internet address TERED FOREIGN PHARMACIES. matters arising therein; and without direct reference to the Internet Pro- (a) IN GENERAL.—Section 303 of the Federal ‘‘(C) to file petitions for appeal. tocol numbers for the address, including Food, Drug, and Cosmetic Act (21 U.S.C. 333)

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is amended by adding at the end the fol- ‘‘(B) ACCESS DEVICE; ELECTRONIC FUND ments of the regulations promulgated under lowing: TRANSFER.—The terms ‘access device’ and subparagraph (A). ‘‘(h) RESTRICTED TRANSACTIONS.— ‘electronic fund transfer’— ‘‘(D) ENFORCEMENT.— ‘‘(1) IN GENERAL.—The introduction of re- ‘‘(i) have the meaning given the term in ‘‘(i) IN GENERAL.—This section shall be en- stricted transactions into a payment system section 903 of the Electronic Fund Transfer forced by the Federal functional regulators or the completion of restricted transactions Act (15 U.S.C. 1693a); and and the Federal Trade Commission under ap- using a payment system is prohibited. ‘‘(ii) the term ‘electronic fund transfer’ plicable law in the manner provided in sec- ‘‘(2) PAYMENT SYSTEM.— also includes any fund transfer covered tion 505(a) of the Gramm-Leach-Bliley Act ‘‘(A) IN GENERAL.—The term ‘payment sys- under Article 4A of the Uniform Commercial (15 U.S.C. 6805(a)). tem’ means a system used by a person de- Code, as in effect in any State. ‘‘(ii) FACTORS TO BE CONSIDERED.—In con- scribed in subparagraph (B) to effect a credit ‘‘(C) FINANCIAL INSTITUTION.—The term ‘fi- sidering any enforcement action under this transaction, electronic fund transfer, or nancial institution’— subsection against a payment system or per- money transmitting service that may be ‘‘(i) has the meaning given the term in sec- son described in paragraph (2)(B), the Fed- used in connection with, or to facilitate, a tion 903 of the Electronic Transfer Fund Act eral functional regulators and the Federal restricted transaction, and includes— (15 U.S.C. 1693a); and Trade Commission shall consider the fol- ‘‘(i) a credit card system; ‘‘(ii) includes a financial institution (as de- lowing factors: ‘‘(ii) an international, national, regional, fined in section 509 of the Gramm-Leach-Bli- ‘‘(I) The extent to which the payment sys- or local network used to effect a credit ley Act (15 U.S.C. 6809)). tem or person knowingly permits restricted transaction, an electronic fund transfer, or a ‘‘(D) MONEY TRANSMITTING BUSINESS; MONEY transactions. money transmitting service; and TRANSMITTING SERVICE.—The terms ‘money ‘‘(II) The history of the payment system or ‘‘(iii) any other system that is centrally transmitting business’ and ‘money transmit- person in connection with permitting re- managed and is primarily engaged in the ting service’ have the meaning given the stricted transactions. transmission and settlement of credit trans- terms in section 5330(d) of title 31, United ‘‘(III) The extent to which the payment actions, electronic fund transfers, or money States Code. system or person has established and is transmitting services. ‘‘(E) BOARD.—The term ‘Board’ means the maintaining policies and procedures in com- ‘‘(B) PERSONS DESCRIBED.—A person re- Board of Governors of the Federal Reserve pliance with regulations prescribed under ferred to in subparagraph (A) is— System. this subsection. ‘‘(i) a creditor; ‘‘(7) POLICIES AND PROCEDURES REQUIRED TO ‘‘(8) TRANSACTIONS PERMITTED.—A payment ‘‘(ii) a credit card issuer; PREVENT RESTRICTED TRANSACTIONS.— system, or a person described in paragraph ‘‘(iii) a financial institution; ‘‘(A) REGULATIONS.—The Board shall pro- (2)(B) that is subject to a regulation issued ‘‘(iv) an operator of a terminal at which an mulgate regulations requiring— under this subsection, is authorized to en- electronic fund transfer may be initiated; ‘‘(i) an operator of a credit card system; gage in transactions with foreign pharmacies ‘‘(v) a money transmitting business; or ‘‘(ii) an operator of an international, na- in connection with investigating violations ‘‘(vi) a participant in an international, national, regional, or local network used to ef- or potential violations of any rule or require- tional, regional, or local network used to effect a credit transaction, an electronic fund ment adopted by the payment system or perfect a credit transaction, electronic fund transfer, or a money transmitting service; son in connection with complying with para- transfer, or money transmitting service. ‘‘(iii) an operator of any other payment graph (7). A payment system, or such a per- ‘‘(3) RESTRICTED TRANSACTION.—The term ‘restricted transaction’ means a transaction system that is centrally managed and is prison, and its agents and employees shall not or transmittal, on behalf of an individual marily engaged in the transmission and set- be found to be in violation of, or liable who places an unlawful drug importation re- tlement of credit transactions, electronic under, any Federal, State or other law by quest to any person engaged in the operation transfers or money transmitting services virtue of engaging in any such transaction. of an unregistered foreign pharmacy, of— where at least one party to the transaction ‘‘(9) RELATION TO STATE LAWS.—No require- ‘‘(A) credit, or the proceeds of credit, ex- or transfer is an individual; and ment, prohibition, or liability may be im- tended to or on behalf of the individual for ‘‘(iv) any other person described in para- posed on a payment system, or a person de- the purpose of the unlawful drug importation graph (2)(B) and specified by the Board in scribed in paragraph (2)(B) that is subject to request (including credit extended through such regulations, a regulation issued under this subsection, the use of a credit card); to establish policies and procedures that are under the laws of any state with respect to ‘‘(B) an electronic fund transfer or funds reasonably designed to prevent the introduc- any payment transaction by an individual transmitted by or through a money trans- tion of a restricted transaction into a pay- because the payment transaction involves a mitting business, or the proceeds of an elec- ment system or the completion of a repayment to a foreign pharmacy. tronic fund transfer or money transmitting stricted transaction using a payment system ‘‘(10) TIMING OF REQUIREMENTS.—A payment service, from or on behalf of the individual ‘‘(B) REQUIREMENTS FOR POLICIES AND PRO- system, or a person described in paragraph for the purpose of the unlawful drug impor- CEDURES.—In promulgating regulations (2)(B) that is subject to a regulation issued tation request; under subparagraph (A), the Board shall— under this subsection, must adopt policies ‘‘(C) a check, draft, or similar instrument ‘‘(i) identify types of policies and proce- and procedures reasonably designed to com- which is drawn by or on behalf of the indi- dures, including nonexclusive examples, that ply with any regulations required under vidual for the purpose of the unlawful drug shall be considered to be reasonably designed paragraph (7) within 60 days after such regu- importation request and is drawn on or pay- to prevent the introduction of restricted lations are issued in final form.’’. able at or through any financial institution; transactions into a payment system or the (b) EFFECTIVE DATE.—The amendment or completion of restricted transactions using a made by this section shall take effect on the ‘‘(D) the proceeds of any other form of fi- payment system; and day that is 90 days after the date of enact- nancial transaction (identified by the Board ‘‘(ii) to the extent practicable, permit any ment of this division. (c) IMPLEMENTATION.—The Board of Gov- by regulation) that involves a financial in- payment system, or person described in para- ernors of the Federal Reserve System shall stitution as a payor or financial inter- graph (2)(B), as applicable, to choose among promulgate regulations as required by sub- mediary on behalf of or for the benefit of the alternative means of preventing the intro- section (h)(7) of section 303 of the Federal individual for the purpose of the unlawful duction or completion of restricted trans- Food, Drug, and Cosmetic Act (21 U.S.C. 333), drug importation request. actions. as added by subsection (a), not later than 90 ‘‘(4) UNLAWFUL DRUG IMPORTATION RE- ‘‘(C) NO LIABILITY FOR BLOCKING OR REFUS- days after the date of enactment of this divi- QUEST.—The term ‘unlawful drug importa- ING TO HONOR RESTRICTED TRANSACTION.— sion. tion request’ means the request, or trans- ‘‘(i) IN GENERAL.—A payment system, or a SEC. 9. IMPORTATION EXEMPTION UNDER CON- mittal of a request, made to an unregistered person described in paragraph (2)(B) that is TROLLED SUBSTANCES IMPORT AND foreign pharmacy for a prescription drug by subject to a regulation issued under this sub- EXPORT ACT. mail (including a private carrier), facsimile, section, and any participant in such pay- Section 1006(a)(2) of the Controlled Sub- phone, or electronic mail, or by a means that ment system that prevents or otherwise re- stances Import and Export Act (21 U.S.C. involves the use, in whole or in part, of the fuses to honor transactions in an effort to 956(a)(2)) is amended by striking ‘‘not import Internet. implement the policies and procedures re- the controlled substance into the United ‘‘(5) UNREGISTERED FOREIGN PHARMACY.— quired under this subsection or to otherwise States in an amount that exceeds 50 dosage The term ‘unregistered foreign pharmacy’ comply with this subsection shall not be lia- units of the controlled substance.’’ and in- means a person in a country other than the ble to any party for such action. serting ‘‘import into the United States not United States that is not a registered ex- ‘‘(ii) COMPLIANCE.—A person described in more than 10 dosage units combined of all porter under section 804. paragraph (2)(B) meets the requirements of such controlled substances.’’. ‘‘(6) OTHER DEFINITIONS.— this subsection if the person relies on and SEC. 10. SEVERABILITY. ‘‘(A) CREDIT; CREDITOR; CREDIT CARD.—The complies with the policies and procedures of If any provision of this division, an amend- terms ‘credit’, ‘creditor’, and ‘credit card’ a payment system of which the person is a ment by this division, or the application of have the meanings given the terms in sec- member or in which the person is a partici- such provision or amendment to any person tion 103 of the Truth in Lending Act (15 pant, and such policies and procedures of the or circumstance is held to be unconstitu- U.S.C. 1602). payment system comply with the require- tional, the remainder of this division, the

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.047 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5967 amendments made by this division, and the The PRESIDING OFFICER. With ob- rect farm ownership (7 U.S.C. 1922 et seq.) and application of the provisions of such to any jection, it is so ordered. operating (7 U.S.C. 1941 et seq.) loans, to be person or circumstance shall not affected available from funds in the Agricultural Credit COMMITTEE ON ENVIRONMENT AND PUBLIC thereby. Insurance Fund, as follows: direct farm owner- WORKS f Mr. DODD. Mr. President, I ask unan- ship loans, $360,000,000; and direct operating loans, $225,000,000. NOTICE OF HEARING imous consent that the Committee on (2) For an additional amount for the cost of Environment and Public Works be au- direct loans, including the cost of modifying COMMITTEE ON ENERGY AND NATURAL thorized to meet during the session of RESOURCES loans as defined in section 502 of the Congres- the Senate on Tuesday, June 2, 2009, at sional Budget Act of 1974, as follows: direct Mr. BINGAMAN. Mr. President, I 10 a.m., in room 406 of the Dirksen Sen- farm ownership loans, $22,860,000; and direct would like to announce for the infor- ate Office Building. operating loans, $26,530,000. mation of the Senate and the public The PRESIDING OFFICER. With ob- (b) Of available unobligated discretionary bal- that a hearing has been scheduled be- jection, it is so ordered. ances from the Rural Development mission area carried forward from fiscal year 2008, $49,390,000 fore Committee on Energy and Natural COMMITTEE ON HOMELAND SECURITY AND are hereby rescinded: Provided, That none of Resources Subcommittee on Public GOVERNMENT AFFAIRS Lands and Forests. Mr. DODD. Mr. President, I ask unan- the amounts may be rescinded other than those The hearing will be held on Wednes- from amounts that were designated by the Con- imous consent that the Committee on gress as an emergency requirement pursuant to day, June 17, 2009, at 2:30 p.m. in room Homeland Security and Governmental a Concurrent Resolution on the Budget or the SD–366 of the Dirksen Senate office Affairs be authorized to meet during Balanced Budget and Emergency Deficit Con- building. the session of the Senate on Tuesday, trol Act of 1985, as amended. The purpose of the hearing is to re- June 2, 2008, at 2:30 p.m. (c) That the amount under this section is des- ceive testimony on the following bills: The PRESIDING OFFICER. Without ignated as an emergency requirement and nec- S.409, to secure Federal ownership objection, it is so ordered. essary to meet emergency needs pursuant to sec- and management of significant nat- SELECT COMMITTEE ON INTELLIGENCE tions 403(a) and 423(b) of S. Con. Res. 13 (111th ural, scenic, and recreational re- Mr. DODD. Mr. President I ask unan- Congress), the concurrent resolution on the budget for fiscal year 2010. sources, to provide for the protection imous consent that the Select Com- of cultural resources, to facilitate the mittee on Intelligence be authorized to TITLE II efficient extraction of mineral re- meet during the session of the Senate DEPARTMENT OF COMMERCE sources by authorizing and directing an on June 2, 2009, at 2:30 p.m. ECONOMIC DEVELOPMENT ADMINISTRATION exchange of Federal and non-Federal The PRESIDING OFFICER. Without ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS land, and for other purposes; S. 782, to objection, it is so ordered. For an additional amount for ‘‘Economic De- provide for the establishment of the f velopment Assistance Programs’’, $40,000,000, to National Volcano Early Warning and SUPPLEMENTAL APPROPRIATIONS remain available until September 30, 2010: Pro- vided, That the amount provided under this Monitoring System; S.874, to establish ACT, 2009 El Rio Grande Del Norte National Con- heading shall be for the Trade Adjustment As- servation Area in the State of New On Thursday, May 21, 2009, the Sen- sistance for Communities program as authorized by section 1872 of Public Law 111–5: Provided Mexico, and for other purposes; S.1139, ate passed H.R. 2346, as amended, as follows: further, That the amount provided under this to require the Secretary of Agriculture H.R. 2346 heading is designated as an emergency require- to enter into a property conveyance ment and necessary to meet emergency needs with the city of Wallowa, Oregon, and Resolved, That the bill from the House of pursuant to sections 403(a) and 423(b) of S. Con. Representatives (H.R. 2346) entitled ‘‘An Act Res. 13 (111th Congress), the concurrent resolu- for other purposes; and S.1140, to direct making supplemental appropriations for the tion on the budget for fiscal year 2010. the Secretary of the Interior to convey fiscal year ending September 30, 2009, and for certain Federal land to Deschutes other purposes.’’, do pass with the following DEPARTMENT OF JUSTICE County, Oregon. amendment: GENERAL ADMINISTRATION Strike out all after the enacting clause and Because of the limited time available SALARIES AND EXPENSES insert the following: for the hearing, witnesses may testify For an additional amount for ‘‘Salaries and That the following sums are appropriated, out by invitation only. However, those expenses’’, $30,000,000, to remain available until of any money in the Treasury not otherwise ap- wishing to submit written testimony September 30, 2010: Provided, That funds pro- propriated, for the fiscal year ending September vided in the previous proviso shall only be for for the hearing record should send it to 30, 2009, and for other purposes, namely: the Committee on Energy and Natural carrying out Department of Justice responsibil- TITLE I ities required by Executive Orders 13491, 13492, Resources, U.S. Senate, Washington, DEPARTMENT OF AGRICULTURE DC 20510–6150, or by email to and 13493: Provided further, That the Attorney FOREIGN AGRICULTURAL SERVICE General shall submit to the Committees on Ap- [email protected]. PUBLIC LAW 480 TITLE II GRANTS propriations of the House and the Senate a de- For further information, please con- For an additional amount for ‘‘Public Law tailed plan for expenditure of such funds no tact David Brooks at (202) 224–9863 or 480 Title II Grants’’, $700,000,000, to remain later than 30 days after enactment of this Act. Anna Fox at (202) 224–1219. available until expended: Provided, That the DETENTION TRUSTEE f amount under this heading is designated as For an additional amount for ‘‘Detention being for overseas deployments and other activi- AUTHORITY FOR COMMITTEES TO trustee’’, $60,000,000, to remain available until ties pursuant to sections 401(c)(4) and 423(a) of September 30, 2010. MEET S. Con. Res. 13 (111th Congress), the concurrent LEGAL ACTIVITIES COMMITTEE ON ARMED SERVICES resolution on the budget for fiscal year 2010. GENERAL PROVISION—THIS TITLE SALARIES AND EXPENSES, GENERAL LEGAL Mr. DODD. Mr. President, I ask unan- ACTIVITIES imous consent that the Committee on SEC. 101. Notwithstanding any other provision For an additional amount for ‘‘Salaries and Armed Services be authorized to meet of law, any amounts made available prior to the date of enactment of this Act to provide assist- expenses, general legal activities’’, $1,648,000, to during the session of the Senate on ance under the emergency conservation program remain available until September 30, 2010. Tuesday, June 2, 2009, at 9:30 a.m. established under title IV of the Agricultural SALARIES AND EXPENSES, UNITED STATES The PRESIDING OFFICER. With ob- Credit Act of 1978 (16 U.S.C. 2201 and 2202) that ATTORNEYS jection, it is so ordered. are unobligated as of the date of enactment of For an additional amount for ‘‘Salaries and COMMITTEE ON ENERGY AND NATURAL this Act shall be available to carry out any pur- expenses, United States attorneys’’, $5,000,000, RESOURCES pose under that program without fiscal year to remain available until September 30, 2010. Mr. DODD. Mr. President, I ask unan- limitation: Provided, That the amount under For an additional amount for ‘‘Salaries and this heading is designated as an emergency re- imous consent that the Committee on expenses, United States attorneys’’, $10,000,000, quirement and necessary to meet emergency to remain available until September 30, 2010: Energy and Natural Resources be au- needs pursuant to sections 403(a) and 423(b) of thorized to meet during the session of Provided, That the amount provided in this S. Con. Res. 13 (111th Congress), the concurrent paragraph is designated as an emergency re- the Senate to conduct a hearing on resolution on the budget for fiscal year 2010. quirement and necessary to meet emergency Tuesday, June 2, 2009, at 2:15 p.m., in (INCLUDING RESCISSION OF FUNDS) needs pursuant to sections 403(a) and 423(b) of room SD–366 of the Dirksen Senate Of- SEC. 102. (a)(1) For an additional amount for S. Con. Res. 13 (111th Congress), the concurrent fice Building. gross obligations for the principal amount of di- resolution on the budget for fiscal year 2010.

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UNITED STATES MARSHALS SERVICES RESERVE PERSONNEL, NAVY custody as long as they remain a threat to the SALARIES AND EXPENSES For an additional amount for ‘‘Reserve Per- national security interest of the United States: For an additional amount for ‘‘Salaries and sonnel, Navy’’, $39,478,000. Provided further, That the funds in this paragraph available to provide assistance to foreign expenses’’, $10,000,000, to remain available until RESERVE PERSONNEL, MARINE CORPS September 30, 2010. nations to facilitate the relocation and disposi- For an additional amount for ‘‘Reserve Per- tion of individuals detained at the Guantanamo NATIONAL SECURITY DIVISION sonnel, Marine Corps’’, $29,179,000. Bay Naval Base are in addition to any other SALARIES AND EXPENSES RESERVE PERSONNEL, AIR FORCE authority to provide assistance to foreign na- For an additional amount for ‘‘Salaries and For an additional amount for ‘‘Reserve Per- tions: Provided further, That these funds are expenses,’’ $1,389,000, to remain available until sonnel, Air Force’’, $14,943,000. available for transfer to any other appropria- September 30, 2010. NATIONAL GUARD PERSONNEL, ARMY tions accounts of the Department of Defense or, FEDERAL BUREAU OF INVESTIGATIONS with the concurrence of the head of the relevant For an additional amount for ‘‘National Federal department or agency, to any other SALARIES AND EXPENSES Guard Personnel, Army’’, $1,542,333,000. Federal appropriations accounts to accomplish For an additional amount for ‘‘Salaries and NATIONAL GUARD PERSONNEL, AIR FORCE expenses’’, $35,000,000, to remain available until the purposes provided herein: Provided further, September 30, 2010: Provided, That the amount For an additional amount for ‘‘National That this transfer authority is in addition to provided under this heading is designated as an Guard Personnel, Air Force’’, $46,860,000. any other transfer authority available to the emergency requirement and necessary to meet OPERATION AND MAINTENANCE Department of Defense. emergency needs pursuant to sections 403(a) and OPERATION AND MAINTENANCE, ARMY OPERATION AND MAINTENANCE, ARMY RESERVE 423(b) of S. Con. Res. 13 (111th Congress), the For an additional amount for ‘‘Operation and For an additional amount for ‘‘Operation and concurrent resolution on the budget for fiscal Maintenance, Army’’, $13,933,801,000. year 2010. Maintenance, Army Reserve’’, $110,017,000. OPERATION AND MAINTENANCE, NAVY DRUG ENFORCEMENT ADMINISTRATION For an additional amount for ‘‘Operation and OPERATION AND MAINTENANCE, NAVY RESERVE SALARIES AND EXPENSES Maintenance, Navy’’, $2,337,360,000. For an additional amount for ‘‘Operation and For an additional amount for ‘‘Salaries and OPERATION AND MAINTENANCE, MARINE CORPS Maintenance, Navy Reserve’’, $25,569,000. expenses’’, $20,000,000, to remain available until For an additional amount for ‘‘Operation and September 30, 2010. OPERATION AND MAINTENANCE, MARINE CORPS Maintenance, Marine Corps’’, $1,037,842,000. RESERVE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND OPERATION AND MAINTENANCE, AIR FORCE EXPLOSIVES For an additional amount for ‘‘Operation and SALARIES AND EXPENSES For an additional amount for ‘‘Operation and Maintenance, Marine Corps Reserve’’, Maintenance, Air Force’’, $5,992,125,000. For an additional amount for ‘‘Salaries and $30,775,000. OPERATION AND MAINTENANCE, DEFENSE-WIDE expenses’’, $14,000,000, to remain available until OPERATION AND MAINTENANCE, AIR FORCE September 30, 2010. For an additional amount for ‘‘Operation and RESERVE FEDERAL PRISON SYSTEM Maintenance, Defense-Wide’’, $5,065,783,000, of which: For an additional amount for ‘‘Operation and SALARIES AND EXPENSES (1) not to exceed $12,500,000 for the Combatant Maintenance, Air Force Reserve’’, $34,599,000. For an additional amount for ‘‘Salaries and Commander Initiative Fund, to be used in sup- OPERATION AND MAINTENANCE, ARMY NATIONAL expenses’’, $5,038,000, to remain available until port of Operation Iraqi Freedom and Operation GUARD September 30, 2010. Enduring Freedom; GENERAL PROVISIONS—THIS TITLE (2) not to exceed $1,050,000,000, to remain For an additional amount for ‘‘Operation and SEC. 201. Unless otherwise specified, each available until expended, for payments to reim- Maintenance, Army National Guard’’, amount in this title is designated as being for burse key cooperating nations, for logistical, $203,399,000. overseas deployment and other activities pursu- military, and other support including access AFGHANISTAN SECURITY FORCES FUND ant to sections 401(c)(4) and 423(a) of S. Con. provided to United States military operations in Res. 13 (111th Congress), the concurrent resolu- support of Operation Iraqi Freedom and Oper- For the ‘‘Afghanistan Security Forces Fund’’, tion on the budget for fiscal year 2010. ation Enduring Freedom, notwithstanding any $3,606,939,000, to remain available until Sep- SEC. 202. (a)(1) None of the funds appro- other provision of law: Provided, That such re- tember 30, 2010: Provided, That such funds shall priated or otherwise made available by this Act imbursement payments may be made in such be available to the Secretary of Defense, not- or any prior Act may be used to transfer, re- amounts as the Secretary of Defense, with the withstanding any other provision of law, for the lease, or incarcerate any individual who was de- concurrence of the Secretary of State, and in purpose of allowing the Commander, Combined tained as of May 19, 2009, at Naval Station, consultation with the Director of the Office of Security Transition Command—Afghanistan, or Guantanamo Bay, Cuba, to or within the Management and Budget, may determine, in his the Secretary’s designee, to provide assistance, United States. discretion, based on documentation determined with the concurrence of the Secretary of State, (2) In this subsection, the term ‘‘United by the Secretary of Defense to adequately ac- to the security forces of Afghanistan, including States’’ means the several States and the Dis- count for the support provided and such deter- the provision of equipment, supplies, services, trict of Columbia. mination is final and conclusive upon the ac- training, facility and infrastructure repair, ren- (b) The amount appropriated or otherwise counting officers of the United States, and 15 ovation, and construction, and funding: Pro- made available by title II for the Department of days following notification to the appropriate vided further, That the authority to provide as- Justice for general administration under the congressional committees: Provided further, sistance under this heading is in addition to any heading ‘‘SALARIES AND EXPENSES’’ is hereby re- That these funds may be used for the purpose of other authority to provide assistance to foreign duced by $30,000,000. providing specialized training and procuring nations: Provided further, That contributions of (c) The amount appropriated or otherwise supplies and specialized equipment and pro- funds for the purposes provided herein from any made available by title III under the heading viding such supplies and loaning such equip- person, foreign government, or international or- ‘‘OPERATION AND MAINTENANCE, DEFENSE- ment on a non-reimbursable basis to coalition ganization may be credited to this Fund and WIDE’’ under paragraph (3) is hereby reduced forces supporting United States military oper- used for such purposes: Provided further, That by $50,000,000. ations in Iraq and Afghanistan: Provided fur- the Secretary shall notify the congressional de- TITLE III ther, That the Secretary of Defense shall pro- fense committees in writing upon the receipt and DEPARTMENT OF DEFENSE vide quarterly reports to the congressional de- upon the transfer of any contribution, delin- MILITARY PERSONNEL fense committees on the use of funds provided in eating the sources and amounts of the funds re- this paragraph; and ceived and the specific use of such contribu- MILITARY PERSONNEL, ARMY (3) up to $50,000,000 shall be available, 30 days tions: Provided further, That the Secretary of For an additional amount for ‘‘Military Per- after the Secretary of Defense submits an ex- Defense shall, not fewer than 15 days prior to sonnel, Army’’, $11,455,777,000. penditure plan to the congressional defense making transfers from this appropriation ac- MILITARY PERSONNEL, NAVY committees detailing the specific planned use of count, notify the congressional defense commit- For an additional amount for ‘‘Military Per- these funds, only to support the relocation and tees in writing of the details of any such trans- sonnel, Navy’’, $1,565,227,000. disposition of individuals detained at the Guan- fer. tanamo Bay Naval Base to locations outside of MILITARY PERSONNEL, MARINE CORPS IRAQ SECURITY FORCES FUND For an additional amount for ‘‘Military Per- the United States, relocate military and support sonnel, Marine Corps’’, $1,464,353,000. forces associated with detainee operations, and For an additional amount for the ‘‘Iraq Secu- facilitate the closure of detainee facilities: Pro- rity Forces Fund’’, $1,000,000,000, to remain MILITARY PERSONNEL, AIR FORCE vided, That the Secretary of Defense shall cer- available until September 30, 2011: Provided, For an additional amount for ‘‘Military Per- tify in writing to the congressional defense com- That, not later than July 31, 2010, any remain- sonnel, Air Force’’, $1,469,173,000. mittees, prior to transferring prisoners to foreign ing unobligated funds in this account shall be RESERVE PERSONNEL, ARMY nations, that he has been assured by the receiv- transferred to the Department of State to be For an additional amount for ‘‘Reserve Per- ing nation that the individual or individuals to available for the same purposes as provided sonnel, Army’’, $387,155,000. be transferred will be retained in that nation’s herein.

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PAKISTAN COUNTERINSURGENCY CAPABILITY OTHER PROCUREMENT, NAVY REVOLVING AND MANAGEMENT FUNDS FUND For an additional amount for ‘‘Other Procure- DEFENSE WORKING CAPITAL FUNDS (INCLUDING TRANSFER OF FUNDS) ment, Navy’’, $207,181,000, to remain available For an additional amount for ‘‘Defense Work- There is hereby established in the Treasury of until September 30, 2011. ing Capital Funds’’, $861,726,000, to remain the United States the ‘‘Pakistan Counterinsur- PROCUREMENT, MARINE CORPS available until expended. gency Capability Fund’’. For the ‘‘Pakistan For an additional amount for ‘‘Procurement, DEFENSE HEALTH PROGRAM Counterinsurgency Capability Fund’’, Marine Corps’’, $1,658,347,000, to remain avail- For an additional amount for ‘‘Defense $400,000,000, to remain available until September able until September 30, 2011. Health Program’’, $909,297,000, of which 30, 2010: Provided, That such funds shall be AIRCRAFT PROCUREMENT, AIR FORCE $845,508,000 for operation and maintenance; of available to the Secretary of Defense, with the which $30,185,000, to remain available until Sep- For an additional amount for ‘‘Aircraft Pro- concurrence of the Secretary of State, notwith- tember 30, 2011, for procurement; and of which curement, Air Force’’, $2,064,118,000, to remain standing any other provision of law, for the $33,604,000, to remain available until September available for obligation until September 30, 2011. purpose of allowing the Commander, United 30, 2010, for research, development, test and States Central Command, or the Secretary’s des- MISSILE PROCUREMENT, AIR FORCE evaluation. ignee, to provide assistance to Pakistan’s secu- For an additional amount for ‘‘Missile Pro- DRUG INTERDICTION AND COUNTER-DRUG rity forces; including program management and curement, Air Force’’, $49,716,000, to remain ACTIVITIES, DEFENSE the provision of equipment, supplies, services, available until September 30, 2011. (INCLUDING TRANSFER OF FUNDS) training, and funds; and facility and infrastruc- PROCUREMENT OF AMMUNITION, AIR FORCE ture repair, renovation, and construction to For an additional amount for ‘‘Drug Interdic- build the counterinsurgency capability of Paki- For an additional amount for ‘‘Procurement tion and Counter-Drug Activities, Defense’’, stan’s military and Frontier Corps, and of of Ammunition, Air Force’’, $138,284,000, to re- $123,398,000, to remain available until September which up to $2,000,000 shall be available to as- main available until September 30, 2011. 30, 2010: Provided, That these funds may be sist the Government of Pakistan in creating a OTHER PROCUREMENT, AIR FORCE used only for such activities related to Afghani- program to respond to urgent humanitarian re- For an additional amount for ‘‘Other Procure- stan, Pakistan, and Central Asia. lief and reconstruction requirements that will ment, Air Force’’, $1,910,343,000, to remain JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT immediately assist Pakistani people affected by available until September 30, 2011. FUND military operations: Provided further, That the PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘Joint Impro- authority to provide assistance under this provi- vised Explosive Device Defeat Fund’’, For an additional amount for ‘‘Procurement, sion is in addition to any other authority to pro- $1,116,746,000, to remain available until Sep- Defense-Wide’’, $237,868,000, to remain available vide assistance to foreign nations: Provided fur- tember 30, 2011. until September 30, 2011. ther, That the Secretary of Defense may trans- OFFICE OF THE INSPECTOR GENERAL NATIONAL GUARD AND RESERVE EQUIPMENT fer such amounts as he may determine from the For an additional amount for ‘‘Office of the funds provided herein to appropriations for op- For an additional amount for ‘‘National Inspector General’’, $9,551,000. eration and maintenance; Overseas Humani- Guard and Reserve Equipment’’, $500,000,000, to GENERAL PROVISIONS—THIS TITLE tarian, Disaster, and Civic Aid; procurement; re- remain available until September 30, 2011. SEC. 301. Notwithstanding any other provision search, development, test and evaluation; and MINE RESISTANT AMBUSH PROTECTED VEHICLE of law, funds made available in this title are in defense working capital funds: Provided fur- FUND ther, That funds so transferred shall be merged addition to amounts appropriated or otherwise (INCLUDING TRANSFER OF FUNDS) with and be available for the same purposes and made available for the Department of Defense for the same time period as the appropriation or For the ‘‘Mine Resistant Ambush Protected for fiscal year 2009. fund to which transferred: Provided further, Vehicle Fund’’, $4,243,000,000, to remain avail- (INCLUDING TRANSFER OF FUNDS) That the Secretary of Defense shall, not fewer able until September 30, 2010: Provided, That SEC. 302. Upon the determination of the Sec- than 15 days prior to making transfers from this such funds shall be available to the Secretary of retary of Defense that such action is necessary appropriation account, notify the congressional Defense, notwithstanding any other provision of in the national interest, the Secretary may defense committees in writing of the details of law, to procure, sustain, transport, and field transfer between appropriations up to any such transfer. Mine Resistant Ambush Protected vehicles: Pro- $2,500,000,000 of the funds made available to the vided further, That the Secretary shall transfer PROCUREMENT Department of Defense in this title: Provided, such funds only to appropriations for operation That the Secretary shall notify the Congress AIRCRAFT PROCUREMENT, ARMY and maintenance; procurement; research, devel- promptly of each transfer made pursuant to this For an additional amount for ‘‘Aircraft Pro- opment, test and evaluation; and defense work- authority: Provided further, That the authority curement, Army’’, $315,684,000, to remain avail- ing capital funds to accomplish the purpose pro- provided in this section is in addition to any able until September 30, 2011. vided herein: Provided further, That this trans- other transfer authority available to the Depart- MISSILE PROCUREMENT, ARMY fer authority is in addition to any other transfer ment of Defense and is subject to the same terms For an additional amount for ‘‘Missile Pro- authority available to the Department of De- and conditions as the authority provided in sec- curement, Army’’, $737,041,000, to remain avail- fense: Provided further, That the Secretary tion 8005 of the Department of Defense Appro- able until September 30, 2011. shall, not fewer than 15 days prior to making priations Act, 2009, (Public Law 110–116) except transfers from this appropriation, notify the PROCUREMENT OF WEAPONS AND TRACKED for the fourth proviso. congressional defense committees in writing of EC COMBAT VEHICLES, ARMY S . 303. Funds appropriated by this Act, or the details of any such transfer. made available by the transfer of funds in this For an additional amount for ‘‘Procurement RESEARCH, DEVELOPMENT, TEST AND Act, for intelligence activities are deemed to be of Weapons and Tracked Combat Vehicles, EVALUATION specifically authorized by the Congress for pur- Army’’, $1,434,071,000, to remain available until poses of section 504(a)(1) of the National Secu- September 30, 2011. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY rity Act of 1947 (50 U.S.C. 414(a)(1)). PROCUREMENT OF AMMUNITION, ARMY SEC. 304. During fiscal year 2009 and from For an additional amount for ‘‘Research, De- funds in the ‘‘Defense Cooperation Account’’, as For an additional amount for ‘‘Procurement velopment, Test and Evaluation, Army’’, established by 10 U.S.C. 2608, the Secretary of of Ammunition, Army’’, $230,075,000, to remain $71,935,000, to remain available until September Defense may transfer not to exceed $6,500,000 to available until September 30, 2011. 30, 2010. OTHER PROCUREMENT, ARMY such appropriations or funds of the Department RESEARCH, DEVELOPMENT, TEST AND of Defense as the Secretary shall determine for For an additional amount for ‘‘Other Procure- EVALUATION, NAVY use consistent with the purposes for which such ment, Army’’, $7,029,145,000, to remain available For an additional amount of ‘‘Research, De- funds were contributed and accepted: Provided, until September 30, 2011. velopment, Test and Evaluation, Navy’’, That such amounts shall be available for the AIRCRAFT PROCUREMENT, NAVY $141,681,000, to remain available until September same time period as the appropriation to which For an additional amount for ‘‘Aircraft Pro- 30, 2010. transferred: Provided further, That the Sec- curement, Navy’’, $754,299,000, to remain avail- RESEARCH, DEVELOPMENT, TEST AND retary shall report to the Congress all transfers able until September 30, 2011. EVALUATION, AIR FORCE made pursuant to this authority. SEC. 305. Supervision and administration costs WEAPONS PROCUREMENT, NAVY For an additional amount of ‘‘Research, De- associated with a construction project funded For an additional amount for ‘‘Weapons Pro- velopment, Test and Evaluation, Air Force’’, with appropriations available for operation and curement, Navy’’, $31,403,000, to remain avail- $174,159,000, to remain available until September maintenance or ‘‘Afghanistan Security Forces able until September 30, 2011. 30, 2010. Fund’’ provided in this title, and executed in di- PROCUREMENT OF AMMUNITION, NAVY AND RESEARCH, DEVELOPMENT, TEST AND rect support of the overseas contingency oper- MARINE CORPS EVALUATION, DEFENSE-WIDE ations in Iraq and Afghanistan, may be obli- For an additional amount for ‘‘Procurement For an additional amount of ‘‘Research, De- gated at the time a construction contract is of Ammunition, Navy and Marine Corps’’, velopment, Test and Evaluation, Defense- awarded: Provided, That for the purpose of this $348,919,000, to remain available until September Wide’’, $498,168,000, to remain available until section, supervision and administration costs in- 30, 2011. September 30, 2010. clude all in-house Government costs.

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SEC. 306. Funds made available in this title to SEC. 310. None of the funds provided in this paragraph (2), the deduction required under the the Department of Defense for operation and title may be used to finance programs or activi- preceding sentence shall be reduced as the Sec- maintenance may be used to purchase items ties denied by Congress in fiscal years 2008 or retary of Defense shall specify.’’. having an investment unit cost of not more than 2009 appropriations to the Department of De- (c) EFFECTIVE DATE.—The amendments made $250,000: Provided, That upon determination by fense or to initiate a procurement or research, by this section shall apply to any repayments of the Secretary of Defense that such action is nec- development, test and evaluation new start pro- separation pay, severance pay, readjustment essary to meet the operational requirements of a gram without prior written notification to the pay, special separation benefit, or voluntary Commander of a Combatant Command engaged congressional defense committees. separation incentive, that occur on or after the in contingency operations overseas, such funds SEC. 311. None of the funds appropriated or date of enactment, including any ongoing re- may be used to purchase items having an invest- otherwise made available by this or any other payment actions that were initiated prior to this ment item unit cost of not more than $500,000: Act shall be obligated or expended by the United amendment. Provided further, That the Secretary shall re- States Government for the purpose of estab- SEC. 314. (a) IN GENERAL.—Unless otherwise port to the Congress all purchases made pursu- lishing any military installation or base for the designated, each amount in this title is des- ant to this authority within 30 days of using the purpose of providing for the permanent sta- ignated as being for overseas deployments and authority. tioning of United States Armed Forces in Af- other activities pursuant to sections 401(c)(4) SEC. 307. From funds made available in this ghanistan. and 423(a) of S. Con. Res. 13 (111th Congress), title, the Secretary of Defense may purchase SEC. 312. (a) REPEAL OF SECRETARY OF DE- the concurrent resolution on the budget for fis- motor vehicles for use by military and civilian FENSE REPORTS ON TRANSITION READINESS OF cal year 2010. employees of the Department of Defense in Iraq IRAQ AND AFGHAN SECURITY FORCES.—Sub- (b) EXCEPTION.—Subsection (a) shall not and Afghanistan, up to a limit of $75,000 per ve- section (a) of section 9205 of Public Law 110–252 apply to the amount rescinded in section 308 for hicle, notwithstanding other limitations applica- (122 Stat. 2412) is repealed. ‘‘Operation and Maintenance, Air Force’’. ble to passenger carrying motor vehicles. (b) MODIFICATION OF REPORTS ON USE OF SEC. 315. (a) REPORTS REQUIRED.—Not later SEC. 308. Of the funds appropriated in De- CERTAIN SECURITY FORCES FUNDS.— than 60 days after the date of the enactment of partment of Defense Appropriations Acts, the (1) PREPARATION IN CONSULTATION WITH COM- this Act and every 90 days thereafter, the Presi- following funds are hereby rescinded from the MANDER OF CENTCOM.—Subsection (b)(1) of such dent shall submit to the members and committees following accounts and programs in the speci- section is amended by inserting ‘‘the Com- of Congress specified in subsection (b) a report fied amounts: Provided, That none of the mander of the United States Central Com- on the prisoner population at the detention fa- amounts may be rescinded from amounts that mand;’’ after ‘‘the Secretary of Defense;’’. cility at Naval Station Guantanamo Bay, Cuba. were designated by the Congress as an emer- (2) PERIOD OF REPORTS.—Such subsection is (b) SPECIFIED MEMBERS AND COMMITTEES OF gency requirement pursuant to a Concurrent further amended by striking ‘‘not later than 120 CONGRESS.—The members and committees of Resolution on the Budget or the Balanced days after the date of the enactment of this Act Congress specified in this subsection are the fol- Budget and Emergency Deficit Control Act of and every 90 days thereafter’’ and inserting lowing: 1985, as amended: ‘‘not later than 45 days after the end of each (1) The majority leader and minority leader of ‘‘Procurement, Marine Corps, 2007/2009’’, fiscal year quarter’’. the Senate. $54,400,000; (3) FUNDS COVERED BY REPORTS.—Such sub- (2) The Chairman and Ranking Member on ‘‘Other Procurement, Army, 2008/2010’’, section is further amended by striking ‘‘and ‘Af- the Committee on Armed Services of the Senate. $29,300,000; ghanistan Security Forces Fund’ ’’ and inserting (3) The Chairman and Vice Chairman of the ‘‘Procurement, Marine Corps, 2008/2010’’, ‘‘, ‘Afghanistan Security Forces Fund’, and Select Committee on Intelligence of the Senate. $10,300,000; ‘Pakistan Counterinsurgency Capability (4) The Speaker of the House of Representa- ‘‘Research, Development, Test and Evalua- Fund’ ’’. tives. tion, Navy, 2008/2009’’, $5,000,000; (c) NOTICE NEW PROJECTS AND TRANSFERS OF (5) The minority leader of the House of Rep- ‘‘Research, Development, Test and Evalua- FUNDS.—Subsection (c) of such section is resentatives. tion, Air Force, 2008/2009’’, $36,107,000; amended by striking ‘‘the headings’’ and all (6) The Chairman and Ranking Member on ‘‘Research, Development, Test and Evalua- that follows and inserting ‘‘the headings as fol- the Committee on Armed Services of the House tion, Defense-Wide, 2008/2009’’, $200,000,000; lows: of Representatives. ‘‘Operation and Maintenance, Army, 2009/ ‘‘(1) ‘Iraq Security Forces Fund’. (7) The Chairman and Vice Chairman of the 2009’’, $352,359,000; ‘‘(2) ‘Afghanistan Security Forces Fund’. Permanent Select Committee on Intelligence of ‘‘Operation and Maintenance, Navy, 2009/ ‘‘(3) ‘Pakistan Counterinsurgency Capability the House of Representatives 2009’’, $881,481,000; Fund’.’’. (c) MATTERS TO BE INCLUDED.—Each report ‘‘Operation and Maintenance, Marine Corps, (d) EFFECTIVE DATE.—The amendments made submitted under subsection (a) shall include the 2009/2009’’, $54,466,000; by this section shall take effect on the date of following: ‘‘Operation and Maintenance, Air Force, 2009/ the enactment of this Act. (1) The name and country of origin of each 2009’’, $925,203,000; SEC. 313. (a) Section 1174(h)(1) of title 10, detainee at the detention facility at Naval Sta- ‘‘Operation and Maintenance, Defense-Wide, United States Code, is amended to read as fol- tion Guantanamo Bay, Cuba, as of the date of 2009/2009’’, $267,635,000; lows: such report. ‘‘Operation and Maintenance, Army Reserve, ‘‘(1) A member who has received separation (2) A current summary of the evidence, intel- 2009/2009’’, $23,338,000; pay under this section, or separation pay, sever- ligence, and information used to justify the de- ‘‘Operation and Maintenance, Navy Reserve, ance pay, or readjustment pay under any other tention of each detainee listed under paragraph 2009/2009’’, $62,910,000; provision of law, based on service in the armed (1) at Naval Station Guantanamo Bay. ‘‘Operation and Maintenance, Marine Corps forces, and who later qualifies for retired or re- (3) A current accounting of all the measures Reserve, 2009/2009’’, $1,250,000; tainer pay under this title or title 14 shall have taken to transfer each detainee listed under ‘‘Operation and Maintenance, Air Force Re- deducted from each payment of such retired or paragraph (1) to the individual’s country of citi- serve, 2009/2009’’, $163,786,000; retainer pay an amount, in such schedule of zenship or another country. ‘‘Operation and Maintenance, Army National monthly installments as the Secretary of De- (4) A current description of the number of in- Guard, 2009/2009’’, $57,819,000; fense shall specify, taking into account the fi- ‘‘Operation and Maintenance, Air National dividuals released or transferred from detention nancial ability of the member to pay and avoid- Guard, 2009/2009’’, $250,645,000; at Naval Station Guantanamo Bay who are con- ‘‘Aircraft Procurement, Army, 2009/2011’’, ing the imposition of undue financial hardship firmed or suspected of returning to terrorist ac- $11,500,000; on the member and member’s dependents, until tivities after release or transfer from Naval Sta- ‘‘Procurement of Ammunition, Army, 2009/ the total amount deducted is equal to the total tion Guantanamo Bay. 2011’’, $107,100,000; amount of separation pay, severance pay, and (5) An assessment of any efforts by al Qaeda ‘‘Other Procurement, Army, 2009/2011’’, readjustment pay so paid.’’. to recruit detainees released from detention at $195,000,000; (b) Section 1175(e)(3)(A) of title 10, United Naval Station Guantanamo Bay. ‘‘Procurement, Marine Corps, 2009/2011’’, States Code, is amended to read as follows: (6) For each detainee listed under paragraph $10,300,000; ‘‘(3)(A) A member who has received the vol- (1), a threat assessment that includes— ‘‘Procurement, Defense-Wide, 2009/2011’’, untary separation incentive and who later (A) an assessment of the likelihood that such $6,400,000; qualifies for retired or retainer pay under this detainee may return to terrorist activity after re- ‘‘Research, Development, Test and Evalua- title shall have deducted from each payment of lease or transfer from Naval Station Guanta- tion, Army, 2009/2010’’, $202,710,000; such retired or retainer pay an amount, in such namo Bay; ‘‘Research, Development, Test and Evalua- schedule of monthly installments as the Sec- (B) an evaluation of the status of any reha- tion, Navy, 2009/2010’’, $270,260,000; and retary of Defense shall specify, taking into ac- bilitation program in such detainee’s country of ‘‘Research, Development, Test and Evalua- count the financial ability of the member to pay origin, or in the country such detainee is antici- tion, Air Force, 2009/2010’’, $392,567,000. and avoiding the imposition of undue financial pated to be transferred to; and SEC. 309. None of the funds appropriated or hardship on the member and member’s depend- (C) an assessment of the risk posed to the otherwise made available by this title may be ob- ents, until the total amount deducted is equal to American people by the release or transfer of ligated or expended to provide award fees to any the total amount of separation pay, severance such detainee from Naval Station Guantanamo defense contractor contrary to the provisions of pay, and readjustment pay so paid. If the mem- Bay. section 814 of the National Defense Authoriza- ber elected to have a reduction in voluntary sep- (d) ADDITIONAL MATTERS TO BE INCLUDED IN tion Act, Fiscal Year 2007 (Public Law 109–364). aration incentive for any period pursuant to INITIAL REPORT.—The first report submitted

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 6333 E:\CR\FM\A02JN6.029 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5971 under subsection (a) shall also include the fol- carried out at full Federal expense: Provided fer: Provided further, That any funds so trans- lowing: further, That the Assistant Secretary of the ferred under this section shall remain available (1) A description of the process that was pre- Army for Civil Works shall provide a monthly for obligation until September 30, 2012.’’. viously used for screening the detainees de- report to the Committees on Appropriations of WAIVER OF FEDERAL EMPLOYMENT scribed by subsection (c)(4) prior to their release the House of Representatives and the Senate de- REQUIREMENTS or transfer from detention at Naval Station tailing the allocation and obligation of these SEC. 402. Section 4601(c)(1) of the Atomic En- Guantanamo Bay, Cuba. funds, beginning not later than 60 days after ergy Defense Act (50 U.S.C. 2701(c)(1)) is amend- (2) An assessment of the adequacy of that enactment of this Act: Provided further, That ed by striking ‘‘September 30, 2008’’ and insert- screening process for reducing the risk that de- the amount under this heading is designated as ing ‘‘September 30, 2009’’. tainees previously released or transferred from an emergency requirement and necessary to Naval Station Guantanamo Bay would return to meet emergency needs pursuant to sections CORPS OF ENGINEERS TECHNICAL FIX terrorist activities after release or transfer from 403(a) and 423(b) of S. Con. Res. 13 (111th Con- SEC. 403. (a) IN GENERAL.—Section 3181 of the Naval Station Guantanamo Bay. gress), the concurrent resolution on the budget Water Resources Development Act of 2007 (Pub- (3) An assessment of lessons learned from pre- for fiscal year 2010. lic Law 110–114; 121 Stat. 1158) is amended— vious releases and transfers of individuals who DEPARTMENT OF ENERGY (1) in subsection (a)— returned to terrorist activities for reducing the (A) by redesignating paragraphs (4) through risk that detainees released or transferred from ENERGY PROGRAMS (11) as paragraphs (5), (6), (8), (9), (10), (11), Naval Station Guantanamo Bay will return to STRATEGIC PETROLEUM RESERVE (12), and (13), respectively; terrorist activities after their release or transfer. (TRANSFER OF FUNDS) (B) by inserting after paragraph (3) the fol- (e) FORM.—Each report submitted under sub- For an additional amount for the ‘‘Strategic lowing: section (a), or parts thereof, may be submitted in Petroleum Reserve’’ account, $21,585,723, to re- ‘‘(4) NORTHEAST HARBOR, MAINE.—The project classified form. main available until expended, to be derived by for navigation, Northeast Harbor, Maine, au- (f) LIMITATION ON RELEASE OR TRANSFER.—No transfer from the ‘‘SPR Petroleum Account’’ for thorized by section 2 of the Act of March 2, 1945 detainee detained at the detention facility at site maintenance activities: Provided, That the (59 Stat. 12).’’; and Naval Station Guantanamo Bay, Cuba, as of amount under this heading is designated as an (C) by inserting after paragraph (6) (as redes- the date of the enactment of this Act may be re- emergency requirement and necessary to meet ignated by subparagraph (A)) the following: ‘‘(7) TENANTS HARBOR, MAINE.—The project leased or transferred to another country until emergency needs pursuant to sections 403(a) and for navigation, Tenants Harbor, Maine, author- the President— 423(b) of S. Con. Res. 13 (111th Congress), the ized by the first section of the Act of March 2, (1) submits to Congress the first report re- concurrent resolution on the budget for fiscal 1919 (40 Stat. 1275).’’; and quired by subsection (a); or year 2010. (2) certifies to the members and committees of (2) in subsection (h)— Congress specified in subsection (b) that such NATIONAL NUCLEAR SECURITY ADMINISTRATION (A) by striking paragraphs (15) and (16); and action poses no threat to the members of the WEAPONS ACTIVITIES (B) by redesignating paragraphs (17) through United States Armed Forces. (TRANSFER OF FUNDS) (29) as paragraphs (15) through (27), respec- (g) SENSE OF SENATE.—It is the sense of the For an additional amount for ‘‘Weapons Ac- tively. (b) EFFECTIVE DATE.—The amendments made Senate that the Secretary of Defense should tivities’’, $34,500,000, to remain available until by subsection (a) shall take effect as if included consult with State and local government offi- expended, to be divided among the three na- in the Water Resources Development Act of 2007 cials before making any decision about where tional security laboratories of Livermore, Sandia (Public Law 110–114; 121 Stat. 1041) detainees at Naval Station Guantanamo Bay, and Los Alamos to fund a sustainable capability Cuba, might be transferred, housed, or other- to analyze nuclear and biological weapons intel- CORPS OF ENGINEERS REPROGRAMMING wise incarcerated as a result of the implementa- ligence: Provided, That the Director of National AUTHORITY tion of the Executive Order of the President to Intelligence shall provide a written report to the SEC. 404. Unlimited reprogramming authority close the detention facilities at Naval Station Senate Appropriations Committee, the Senate is granted to the Secretary of the Army for Guantanamo Bay. Armed Services Committee and the Senate Select funds provided in title IV—Energy and Water TITLE IV Committee on Intelligence within 90 days of en- Development of Public Law 111–5 under the DEPARTMENT OF DEFENSE—CIVIL actment on how the National Nuclear Security heading ‘‘Department of Defense—Civil, Depart- DEPARTMENT OF THE ARMY Administration will invest these resources in ment of the Army, Corps of Engineers—Civil’’. technical and core analytical capabilities: Pro- CORPS OF ENGINEERS—CIVIL BUREAU OF RECLAMATION REPROGRAMMING vided further, That the amount under this AUTHORITY OPERATION AND MAINTENANCE heading is designated as being for overseas de- SEC. 405. Unlimited reprogramming authority For an additional amount for ‘‘Operation and ployments and other activities pursuant to sec- is granted to the Secretary of the Interior for Maintenance’’ to dredge navigation channels tions 401(c)(4) and 423(a) of S. Con. Res. 13 funds provided in title IV—Energy and Water and repair damage to Corps projects nationwide (111th Congress), the concurrent resolution on Development of Public Law 111–5 under the related to natural disasters, $38,375,000, to re- the budget for fiscal year 2010. heading ‘‘Bureau of Reclamation, Water and main available until expended: Provided, That DEFENSE NUCLEAR NONPROLIFERATION Related Resources’’. the Assistant Secretary of the Army for Civil For an additional amount for ‘‘Defense Nu- Works shall provide a monthly report to the COST ANALYSIS OF TRITIUM PROGRAM CHANGES clear Nonproliferation’’ in the National Nuclear Committees on Appropriations of the House of SEC. 406. No funds in this Act, or other pre- Security Administration, $55,000,000, to remain Representatives and the Senate detailing the al- vious Acts, shall be provided to fund activities available until expended, for the International location and obligation of these funds, begin- related to the mission relocation of either the de- Nuclear Materials Protection and Cooperation ning not later than 60 days after enactment of sign authority for the gas transfer systems or Program to counter emerging threats at nuclear this Act: Provided further, That the amount tritium research and development facilities dur- facilities in Russia and other countries of con- under this heading is designated as an emer- ing the current fiscal year and until the Depart- cern through detecting and deterring insider gency requirement and necessary to meet emer- ment can provide the Senate Appropriations threats through security upgrades: Provided, gency needs pursuant to sections 403(a) and Committee an independent technical mission re- That the amount under this heading is des- 423(b) of S. Con. Res. 13 (111th Congress), the view and cost analysis by the JASON’s as pro- ignated as being for overseas deployments and concurrent resolution on the budget for fiscal posed in the Complex Transformation Site-Wide other activities pursuant to sections 401(c)(4) year 2010. Programmatic Environmental Impact Statement. and 423(a) of S. Con. Res. 13 (111th Congress), FLOOD CONTROL AND COASTAL EMERGENCIES the concurrent resolution on the budget for fis- CORPS OF ENGINEERS PROJECT COST CEILING For an additional amount for ‘‘Flood Control cal year 2010. INCREASE and Coastal Emergencies’’, as authorized by sec- GENERAL PROVISIONS—THIS TITLE SEC. 407. The project for ecosystem restoration 5 of the Act of August 18, 1941 (33 U.S.C. tion, Upper Newport Bay, California, author- LIMITED TRANSFER AUTHORITY 701n), for necessary expenses relating to the ized by section 101(b)(9) of the Water Resources consequences of natural disasters as authorized SEC. 401. Section 403 of title IV of division A Development Act of 2000 (114 Stat. 2577), is by law, $804,290,000, to remain available until of the American Recovery and Reinvestment Act modified to authorize the Secretary to construct expended: Provided, That the Secretary of the of 2009 (Public Law 111–5) is amended by strik- the project at a total cost of $50,659,000, with an Army is directed to use $315,290,000 of the funds ing all of the text and inserting the following: estimated Federal cost of $32,928,000 and a non- appropriated under this heading to support ‘‘SEC. 403. LIMITED TRANSFER AUTHORITY. Federal cost of $17,731,000. emergency operations, repair eligible projects ‘‘The Secretary of Energy may transfer up to SEC. 408. None of the funds provided in the nationwide, and for other activities in response 0.5 percent from each amount appropriated to matter under the heading entitled ‘‘Department to natural disasters: Provided further, That the the Department of Energy in this title to any of Defense—Civil’’ in this Act, or provided by Secretary of the Army is directed to use other appropriate account within the Depart- previous appropriations Acts under the heading $489,000,000 of the amount provided under this ment of Energy, to be used for management and entitled ‘‘Department of Defense—Civil’’ may be heading for barrier island restoration and eco- oversight activities: Provided, That the Sec- used to deconstruct any work (including any system restoration to restore historic levels of retary shall provide a report to the Committees partially completed work) completed under the storm damage reduction to the Mississippi Gulf on Appropriations of the House of Representa- Mississippi River and Tributaries Project au- Coast: Provided further, That this work shall be tives and the Senate 15 days prior to any trans- thorized by the Act of May 15, 1928 (45 2 Stat.

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 6333 E:\CR\FM\A02JN6.029 S02JNPT1 smartinez on PROD1PC64 with SENATE S5972 CONGRESSIONAL RECORD — SENATE June 2, 2009 534; 100 Stat. 4183), during fiscal year 2009, 2010, under the heading ‘‘Departmental Management division D of the Omnibus Appropriations Act, and 2011. and Operations, Office of the Secretary and Ex- 2009 (Public Law 111–8; 123 Stat. 655) is amend- TITLE 17 INNOVATIVE TECHNOLOGY LOAN ecutive Management’’ for allocation by the Sec- ed by striking ‘‘and such title’’ and inserting ‘‘, GUARANTEE PROGRAM retary; $100,000,000 shall be transferred to and as amended by laws enacted pursuant to section merged with funds made available for the 442(c) of the Home Rule Act of the District of SEC. 409. The matter under the heading ‘‘Title 17 Innovative Technology Loan Guarantee Pro- United States Department of Agriculture under Columbia Home Rule Act of 1973, approved De- gram’’ of title III of division C of the Omnibus the heading ‘‘Agricultural Programs, Produc- cember 24, 1973 (87 Stat. 798), and such title, as Appropriations Act, 2009 (Public Law 111–8; 123 tion, Processing and Marketing, Office of the amended,’’. SEC. 503. Title V of division D of the Omnibus Stat. 619) is amended in the ninth proviso— Secretary’’ for allocation by the Secretary; (1) by striking ‘‘or (d)’’ and inserting ‘‘(d)’’; $50,000,000 shall be transferred to and merged Appropriations Act, 2009 (Public Law 111–8) is and with funds made available under the heading amended under the heading ‘‘Federal Commu- (2) by striking ‘‘the guarantee’’ and inserting ‘‘Department of Health and Human Services, nications Commission’’ by striking the first pro- ‘‘the guarantee; (e) contracts, leases or other Food and Drug Administration, Salaries and viso and inserting the following: ‘‘Provided, agreements entered into prior to May 1, 2009 for Expenses’’; $110,000,000 shall be transferred to That of the funds provided, not less than front-end nuclear fuel cycle projects, where and merged with funds made available under $3,000,000 shall be available for developing a na- such project licenses technology from the De- the heading ‘‘Department of Veterans Affairs, tional broadband plan pursuant to title VI of di- partment of Energy, and pays royalties to the Veterans Health Administration, Medical Serv- vision B of the American Recovery and Rein- federal government for such license and the ices’’; and $150,000,000 shall be transferred to vestment Act of 2009 (Public Law 111–5) and for amount of such royalties will exceed the amount and merged with funds made available under carrying out any other responsibility pursuant of federal spending, if any, under such con- the heading ‘‘Bilateral Economic Assistance, to that title:’’. tracts, leases or agreements; or (f) grants or co- Funds Appropriated to the President, Global EXTENSION OF LIMITATIONS Health and Child Survival’’, to support pro- operative agreements, to the extent that obliga- SEC. 504. (a) IN GENERAL.—Section 44(f)(1) of tions of such grants or cooperative agreements grams of the United States Agency for Inter- the Federal Deposit Insurance Act (12 U.S.C. have been recorded in accordance with section national Development: Provided, That such 1831u(f)(1)) is amended— 1501(a)(5) of title 31, United States Code, on or transfers shall be made not more than 10 days (1) by redesignating subparagraphs (A) and before May 1, 2009’’. after the date of enactment of this Act: Provided (B) as clauses (i) and (ii), respectively, and mov- further, That none of the funds provided under TITLE V ing the margins 2 ems to the right; this heading shall be available for obligation DEPARTMENT OF THE TREASURY (2) by striking ‘‘evidence of debt by any in- until 15 days following the submittal of a de- sured’’ and inserting the following: ‘‘evidence of DEPARTMENTAL OFFICES tailed spending plan by each Department receiv- debt by— SALARIES AND EXPENSES ing funds to the Committees on Appropriations ‘‘(A) any insured’’; and of the House of Representatives and the Senate: (INCLUDING TRANSFER OF FUNDS) (3) by striking the period at the end and in- Provided further, That the transfer authority serting the following: ‘‘; and For an additional amount for ‘‘Departmental provided under this heading is in addition to Offices, Salaries and Expenses’’, $4,000,000, to ‘‘(B) any nondepository institution operating any other transfer authority available in this or in such State, shall be equal to not more than remain available until December 31, 2010: Pro- any other Act: Provided further, That the vided, That, not later than 10 days following the greater of the State’s maximum lawful an- amount under this heading is designated as an nual percentage rate or 17 percent— enactment of this Act, the Secretary of the emergency requirement and necessary to meet Treasury shall transfer funds provided under ‘‘(i) to facilitate the uniform implementation emergency needs pursuant to sections 403(a) and of federally mandated or federally established this heading to an account to be designated for 423(b) of S. Con. Res. 13 (111th Congress), the the necessary expenses of the Financial Crisis programs and financings related thereto, includ- concurrent resolution on the budget for fiscal ing— Inquiry Commission established pursuant to sec- year 2010. tion 5 of the Fraud Enforcement and Recovery ‘‘(I) uniform accessibility of student loans, in- THE JUDICIARY Act of 2009: Provided further, That the amount cluding the issuance of qualified student loan under this heading is designated as an emer- COURTS OF APPEALS, DISTRICT COURTS, AND bonds as set forth in section 144(b) of the Inter- gency requirement and necessary to meet emer- OTHER JUDICIAL SERVICES nal Revenue Code of 1986; ‘‘(II) the uniform accessibility of mortgage gency needs pursuant to sections 403(a) and SALARIES AND EXPENSES loans, including the issuance of qualified mort- 423(b) of S. Con. Res. 13 (111th Congress), the (INCLUDING TRANSFER OF FUNDS) gage bonds and qualified veterans’ mortgage concurrent resolution on the budget for fiscal For an additional amount for ‘‘Salaries and bonds as set forth in section 143 of such Code; year 2010. Expenses’’, $10,000,000, to remain available until ‘‘(III) the uniform accessibility of safe and af- September 30, 2010: Provided, That notwith- EXECUTIVE OFFICE OF THE PRESIDENT fordable housing programs administered or sub- standing section 302 of division D of Public Law AND FUNDS APPROPRIATED TO THE ject to review by the Department of Housing and 111–8, funding shall be available for transfer be- PRESIDENT Urban Development, including— tween Judiciary accounts to meet increased NATIONAL SECURITY COUNCIL ‘‘(aa) the issuance of exempt facility bonds for workload requirements resulting from immigra- SALARIES AND EXPENSES qualified residential rental property as set forth tion and other law enforcement initiatives on in section 142(d) of such Code; For an additional amount for ‘‘Salaries and the Southwest border: Provided further, That Expenses’’, $2,936,000, of which $800,000 shall re- ‘‘(bb) the issuance of low income housing tax the amount under this heading is designated as credits as set forth in section 42 of such Code, to main available until expended and $2,136,000 being for overseas deployments and other activi- shall remain available until September 30, 2010: facilitate the uniform accessibility of provisions ties pursuant to sections 401(c)(4) and 423(a) of of the American Recovery and Reinvestment Act Provided, That the amount under this heading S. Con. Res. 13 (111th Congress), the concurrent is designated as being for overseas deployments of 2009; and resolution on the budget for fiscal year 2010. ‘‘(cc) the issuance of bonds and obligations and other activities pursuant to sections INDEPENDENT AGENCIES issued under that Act, to facilitate economic de- 401(c)(4) and 423(a) of S. Con. Res. 13 (111th SECURITIES AND EXCHANGE COMMISSION velopment, higher education, and improvements Congress), the concurrent resolution on the to infrastructure, and the issuance of bonds and budget for fiscal year 2010. SALARIES AND EXPENSES For an additional amount for necessary ex- obligations issued under any provision of law to PANDEMIC PREPAREDNESS AND RESPONSE penses for the Securities and Exchange Commis- further the same; and (INCLUDING TRANSFERS OF FUNDS) sion, $10,000,000, to remain available until Sep- ‘‘(ii) to facilitate interstate commerce gen- For an amount to be deposited into an ac- tember 30, 2010, for investigation of securities erally, including consumer loans, in the case of count for ‘‘Pandemic Preparedness and Re- fraud: Provided, That the amount under this any person or governmental entity (other than a sponse’’ to be established within the Executive heading is designated as an emergency require- depository institution subject to subparagraph Office of the President for expenses to prepare ment and necessary to meet emergency needs (A) and paragraph (2)).’’. for and respond to a potential pandemic disease pursuant to sections 403(a) and 423(b) of S. Con. (b) EFFECTIVE PERIOD.—The amendments outbreak and to assist international efforts to Res. 13 (111th Congress), the concurrent resolu- made by subsection (a) shall apply with respect control the spread of such an outbreak, includ- tion on the budget for fiscal year 2010. to contracts consummated during the period being for the 2009–H1N1 influenza outbreak, GENERAL PROVISIONS—THIS TITLE ginning on the date of enactment of this Act $1,500,000,000, to remain available until Sep- and ending on December 31, 2010. SEC. 501. (a) IN GENERAL.—Section 3(c)(2)(A) tember 30, 2010, and to be transferred by the Di- of Public Law 110–428 is amended— TITLE VI rector of the Office of Management and Budget (1) in the matter before clause (i), by striking DEPARTMENT OF HOMELAND SECURITY as follows: $900,000,000 shall be transferred to ‘‘4-year’’ and inserting ‘‘5-year’’; and U.S. CUSTOMS AND BORDER PROTECTION and merged with funds made available under (2) in clause (i), by striking ‘‘1-year’’ and in- SALARIES AND EXPENSES the heading ‘‘Department of Health and Human serting ‘‘2-year’’. Services, Public Health and Social Services (b) EFFECTIVE DATE.—The amendments made For an additional amount for ‘‘Salaries and Emergency Fund’’ for allocation by the Sec- by subsection (a) shall take effect as if included Expenses’’, $46,200,000, to remain available until retary; $190,000,000 shall be transferred to and in the enactment of Public Law 110–428. September 30, 2010, of which $6,200,000 shall be merged with funds made available for the SEC. 502. The fourth proviso under the head- for the care, treatment, and transportation of United States Department of Homeland Security ing ‘‘District of Columbia Funds’’ of title IV of unaccompanied alien children; and of which

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$40,000,000 shall be for response to border secu- SEC. 605. Section 552 of division E of the Con- projects carried out by youth conservation orga- rity issues on the Southwest border of the solidated Appropriations Act, 2008 (Public Law nizations under agreement with the Department United States. 110–161) is amended by striking ‘‘local edu- of the Interior or the Forest Service for which AIR AND MARINE INTERDICTION, OPERATIONS, cational agencies’’ and inserting ‘‘primary or funds were provided in title VII. MAINTENANCE, AND PROCUREMENT secondary school sites’’ and by inserting ‘‘and (b) For purposes of this provision, the term For an additional amount for ‘‘Salaries and section 406(c)(2)’’ after ‘‘section 406(c)(1)’’. ‘‘youth conservation organizations’’ means not- Expenses’’, $5,000,000, to remain available until SEC. 606. (a) IN GENERAL.—Each amount in for-profit organizations that provide conserva- September 30, 2010, for response to border secu- this title is designated as being for overseas de- tion service learning opportunities for youth 16 rity issues on the Southwest border of the ployments and other activities pursuant to sec- to 25 years of age. United States. tions 401(c)(4) and 423(a) of S. Con. Res. 13 TITLE VIII (111th Congress), the concurrent resolution on U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT DEPARTMENT OF HEALTH AND HUMAN the budget for fiscal year 2010. SERVICES SALARIES AND EXPENSES (b) EXCEPTION.—Subsection (a) shall not For an additional amount for ‘‘Salaries and apply to any amount under section 601 of this ADMINISTRATION FOR CHILDREN AND FAMILIES Expenses’’, $66,800,000, to remain available until title. REFUGEE AND ENTRANT ASSISTANCE September 30, 2010, of which $11,800,000 shall be SEC. 607. For purposes of qualification for For an additional amount for ‘‘Refugee and for the care, treatment, and transportation of loans made under the Disaster Assistance Direct Entrant Assistance’’ for necessary expenses for unaccompanied alien children; and of which Loan Program as allowed under Public Law unaccompanied alien children as authorized by $55,000,000 shall be for response to border secu- 111–5 relating to disaster declaration DR–1791 section 462 of the Homeland Security Act of 2002 rity issues on the Southwest border of the (issued September 13, 2008) the base period for and section 235 of the William Wilberforce Traf- United States. tax determining loss of revenue may be fiscal ficking Victims Protection Reauthorization Act COAST GUARD year 2009 or 2010. of 2008, $82,000,000, to remain available through OPERATING EXPENSES TITLE VII September 30, 2011: Provided, That the amount For an additional amount for ‘‘Operating Ex- DEPARTMENT OF THE INTERIOR under this heading is designated as being for overseas deployments and other activities pursu- penses’’, $139,503,000; of which $129,503,000 shall DEPARTMENT-WIDE PROGRAMS be for Coast Guard operations in support of Op- ant to sections 401(c)(4) and 423(a) of S. Con. eration Iraqi Freedom and Operation Enduring WILDLAND FIRE MANAGEMENT Res. 13 (111th Congress), the concurrent resolu- Freedom; and of which $10,000,000 shall be (INCLUDING TRANSFER OF FUNDS) tion on the budget for fiscal year 2010. available until September 30, 2010, for High En- For an additional amount to cover necessary GENERAL PROVISIONS—THIS TITLE durance Cutter maintenance, major repairs, and expenses for wildfire suppression and emergency (TRANSFER OF FUNDS) improvements. rehabilitation activities of the Department of the SEC. 801. Section 801(a) of division A of Public FEDERAL EMERGENCY MANAGEMENT AGENCY Interior, $50,000,000, to remain available until Law 111–5 is amended by inserting ‘‘, and may STATE AND LOCAL PROGRAMS expended: Provided, That such funds shall only be transferred by the Department of Labor to For an additional amount for ‘‘State and become available if funds provided previously any other account within the Department for Local Programs’’, $30,000,000 shall be for Oper- for wildland fire suppression will be exhausted such purposes’’ before the end period. ation Stonegarden. imminently and after the Secretary of the Inte- rior notifies the Committees on Appropriations (INCLUDING TRANSFER OF FUNDS) GENERAL PROVISIONS—THIS TITLE of the House of Representatives and the Senate SEC. 802. (a) Notwithstanding any other provi- (INCLUDING RESCISSION) in writing of the need for these additional sion of law, during the period from September 1 SEC. 601. (a) RESCISSION.—Of amounts pre- funds: Provided further, That the Secretary of through September 30, 2009, the Secretary of viously made available from ‘‘Federal Emer- the Interior may transfer any of these funds to Education shall transfer to the Career, Tech- gency Management Agency, Disaster Relief’’ to the Secretary of Agriculture if the transfer en- nical, and Adult Education account an amount the State of Mississippi pursuant to section 404 hances the efficiency or effectiveness of Federal not to exceed $17,678,270 from amounts that of the Robert T. Stafford Disaster Relief and wildland fire suppression activities: Provided would otherwise lapse at the end of fiscal year Emergency Assistance Act (42 U.S.C. 5170c) for further, That the amount under this heading is 2009 and that were originally made available Hurricane Katrina, an additional $100,000,000 designated as an emergency requirement and under the Department of Education Appropria- are rescinded. necessary to meet emergency needs pursuant to tions Act, 2009 or any Department of Education (b) APPROPRIATION.—For ‘‘Federal Emergency sections 403(a) and 423(b) of S. Con. Res. 13 Appropriations Act for a previous fiscal year. Management Agency, State and Local Pro- (111th Congress), the concurrent resolution on (b) Funds transferred under this section to the grams’’, there is appropriated an additional the budget for fiscal year 2010. Career, Technical, and Adult Education ac- $100,000,000, to remain available until expended, DEPARTMENT OF AGRICULTURE count shall be obligated by September 30, 2009. for a grant to the State of Mississippi for an (c) Any amounts transferred pursuant to this OREST SERVICE interoperable communications system required F section shall be for carrying out Adult Edu- in the aftermath of Hurricane Katrina: Pro- WILDLAND FIRE MANAGEMENT cation State Grants, and shall be allocated, not- vided, That the amount under this heading is (INCLUDING TRANSFER OF FUNDS) withstanding any other provision of law, only designated as an emergency requirement and For an additional amount to cover necessary to those States that received funds under that necessary to meet emergency needs pursuant to expenses for wildfire suppression and emergency program for fiscal year 2009 that were at least sections 403(a) and 423(b) of S. Con. Res. 13 rehabilitation activities of the Forest Service, 9.9 percent less than those States received under (111th Congress), the concurrent resolution on $200,000,000, to remain available until expended: that program for fiscal year 2008. the budget for fiscal year 2010. Provided, That such funds shall only become (d) The Secretary shall use these additional SEC. 602. The Department of Homeland Secu- available if funds provided previously for funds to increase those States’ allocations under rity Appropriations Act, 2009 (Public Law 110– wildland fire suppression will be exhausted im- that program up to the amount they received 329) is amended under the heading ‘‘Federal minently and after the Secretary of Agriculture under that program for fiscal year 2008. Emergency Management Agency, Management notifies the Committees on Appropriations of the (e) The Secretary shall notify the Committees and Administration’’ after ‘‘the Robert T. Staf- House of Representatives and the Senate in on Appropriations of both Houses of Congress of ford Disaster Relief and Emergency Assistance writing of the need for these additional funds: any transfer pursuant to this section. Act (42 U.S.C. 5121 et seq.),’’ by adding ‘‘Cerro Provided further, That the Secretary of Agri- TITLE IX Grande Fire Assistance Act of 2000 (division C, culture may transfer not more than $50,000,000 LEGISLATIVE BRANCH title I, 114 Stat. 583),’’. of these funds to the Secretary of the Interior if SEC. 603. Notwithstanding any provision CAPITOL POLICE the transfer enhances the efficiency or effective- under (a)(1)(A) of 15 U.S.C. 2229a specifying GENERAL EXPENSES ness of Federal wildland fire suppression activi- that grants must be used to increase the number ties: Provided further, That the amount under For an additional amount for ‘‘Capitol Police, of fire fighters in fire departments, the Secretary this heading is designated as an emergency re- General Expenses’’, $71,606,000, to purchase and of Homeland Security may, in making grants de- quirement and necessary to meet emergency install a new radio system for the U.S. Capitol scribed under 15 U.S.C. 2229a for fiscal year 2009 needs pursuant to sections 403(a) and 423(b) of Police, to remain available until September 30, or 2010, grant waivers from the requirements of S. Con. Res. 13 (111th Congress), the concurrent 2012: Provided, That the Chief of the Capitol subsection (a)(1)(B), subsection (c)(1), sub- resolution on the budget for fiscal year 2010. Police may not obligate any of the funds appro- section (c)(2), and subsection (c)(4)(A), and may priated under this heading without approval of GENERAL PROVISIONS—THIS TITLE award grants for the hiring, rehiring, or reten- an obligation plan by the Committees on Appro- tion of firefighters. SEC. 701. Public Law 111–8, division E, title priations of the Senate and the House of Rep- SEC. 604. The Administrator of the Federal III, Department of Health and Human Services, resentatives. Emergency Management Agency shall extend Agency for Toxic Substances and Disease Reg- CONGRESSIONAL BUDGET OFFICE through March 2010 reimbursement of case man- istry, Toxic Substances and Environmental Pub- agement activities conducted by the State of lic Health is amended by inserting ‘‘per eligible SALARIES AND EXPENSES Mississippi under the Disaster Housing Assist- employee’’ after ‘‘$1,000’’. For an additional amount for ‘‘Salaries and ance Program to individuals in the program on SEC. 702. (a) Section 1606 of division A, title Expenses’’, $2,000,000, to remain available until April 30, 2009. XVI of Public Law 111–5 shall not be applied to September 30, 2010.

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GENERAL PROVISION—THIS TITLE NORTH ATLANTIC TREATY ORGANIZATION able pursuant to the previous proviso, SEC. 901. The amount available to the Com- SECURITY INVESTMENT PROGRAM $40,000,000 shall be transferred to, and merged mittee on the Judiciary for expenses, including For an additional amount for ‘‘North Atlantic with, funds made available under the heading salaries, under section 13(b) of Senate Resolu- Treaty Organization Security Investment Pro- ‘‘United States Agency for International Devel- tion 73, agreed to March 10, 2009, is increased by gram’’, $100,000,000, to remain available until opment, Funds Appropriated to the President, $500,000. expended: Provided, That notwithstanding any Operating Expenses’’ for the purpose of USAID’s air services: Provided further, That TITLE X other provision of law, such funds are authorized for the North Atlantic Treaty Security In- such aircraft utilized by USAID may be used to MILITARY CONSTRUCTION vestment Program for purposes of section 2806 of transport Federal and non-Federal personnel MILITARY CONSTRUCTION, ARMY title 10, United States Code, and section 2502 of supporting USAID programs and activities: Pro- (INCLUDING RESCISSION) the Military Construction Authorization Act for vided further, That official travel of other agen- Fiscal Year 2009 (division B of Public Law 110– cies for other purposes may be supported on a For an additional amount for ‘‘Military Con- 417). reimbursable basis, or without reimbursement struction, Army’’, $1,229,731,000, to remain when traveling on a space available basis. available until September 30, 2013: Provided, DEPARTMENT OF DEFENSE BASE CLOSURE That notwithstanding any other provision of ACCOUNT 2005 OFFICE OF INSPECTOR GENERAL law, such funds may be obligated and expended For deposit into the Department of Defense (INCLUDING TRANSFER OF FUNDS) to carry out planning and design and military Base Closure Account 2005, established by sec- For an additional amount for ‘‘Office of In- construction projects not otherwise authorized tion 2906A(a)(1) of the Defense Base Closure spector General’’, $22,200,000, to remain avail- by law: Provided further, That none of the and Realignment Act of 1990 (10 U.S.C. 2687 able until September 30, 2010, of which $7,000,000 funds provided under this heading for military note), $230,900,000, to remain available until ex- shall be transferred to the Special Inspector construction projects in Afghanistan shall be pended: Provided, That notwithstanding any General for Iraq Reconstruction for reconstruc- obligated or expended until the Secretary of De- other provision of law, such funds may be obli- tion oversight, and $7,200,000 shall be trans- fense certifies to the Committees on Appropria- gated and expended to carry out operation and ferred to the Special Inspector General for Af- tions of both Houses of Congress that a prefi- maintenance, planning and design and military ghanistan Reconstruction for reconstruction nancing statement for each project has been construction projects not otherwise authorized oversight: Provided, That the Special Inspector submitted to the North Atlantic Treaty Organi- by law. General for Afghanistan Reconstruction may ex- zation (NATO) for consideration of funding by GENERAL PROVISIONS—THIS TITLE ercise the authorities of subsections (b) through the NATO Security Investment Program. SEC. 1001. None of the funds appropriated in (i) of section 3161 of title 5, United States Code For an additional amount for ‘‘Military Con- this or any other Act may be used to disestab- (without regard to subsection (a) of such sec- struction, Army’’, $49,000,000, to remain avail- lish, reorganize, or relocate the Armed Forces tion) for funds made available for fiscal years able until September 30, 2013: Provided, That Institute of Pathology, except for the Armed 2009 and 2010. notwithstanding any other provision of law, Forces Medical Examiner, until the President EMBASSY SECURITY, CONSTRUCTION, AND such funds may be obligated and expended to has established, as required by section 722 of the MAINTENANCE carry out planning and design and military con- National Defense Authorization Act for Fiscal For an additional amount for ‘‘Embassy Secu- struction projects not otherwise authorized by Year 2008 (Public Law 110–181; 122 Stat. 199; 10 rity, Construction, and Maintenance’’, law: Provided further, That the preceding U.S.C. 176 note), a Joint Pathology Center, and $820,500,000, to remain available until expended, amount in this paragraph is designated as an the Joint Pathology Center is demonstrably per- for worldwide security upgrades, acquisition, emergency requirement and necessary to meet forming the minimum requirements set forth in and construction as authorized, and shall be emergency needs pursuant to sections 403(a) and section 722 of the National Defense Authoriza- made available for secure diplomatic facilities 423(b) of S. Con. Res. 13 (111th Congress), the tion Act for Fiscal Year 2008. and housing for United States mission staff in concurrent resolution on the budget for fiscal SEC. 1002. (a) IN GENERAL.—Unless otherwise Afghanistan and Pakistan, and for mobile mail year 2010: Provided further, That of the funds designated, each amount in this title is des- screening units. appropriated for ‘‘Military Construction, Army’’ ignated as being for overseas deployments and INTERNATIONAL ORGANIZATIONS under Public Law 110–252, $49,000,000 are here- other activities pursuant to sections 401(c)(4) by rescinded. and 423(a) of S. Con. Res. 13 (111th Congress), CONTRIBUTIONS FOR INTERNATIONAL MILITARY CONSTRUCTION, NAVY AND MARINE the concurrent resolution on the budget for fis- PEACEKEEPING ACTIVITIES CORPS cal year 2010. For an additional amount for ‘‘Contributions For an additional amount for ‘‘Military Con- (b) EXCEPTION.—Subsection (a) shall not for International Peacekeeping Activities’’, struction, Navy and Marine Corps’’, apply to any amount under the heading ‘‘Mili- $721,000,000, to remain available until September $243,083,000, to remain available until September tary Construction, Defense-Wide’’. 30, 2010. 30, 2013: Provided, That notwithstanding any TITLE XI UNITED STATES AGENCY FOR other provision of law, such funds may be obli- DEPARTMENT OF STATE INTERNATIONAL DEVELOPMENT gated and expended to carry out planning and ADMINISTRATION OF FOREIGN AFFAIRS FUNDS APPROPRIATED TO THE PRESIDENT design and military construction projects not OPERATING EXPENSES otherwise authorized by law. DIPLOMATIC AND CONSULAR PROGRAMS (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Operating Ex- MILITARY CONSTRUCTION, AIR FORCE For an additional amount for ‘‘Diplomatic penses’’, $112,600,000, to remain available until For an additional amount for ‘‘Military Con- and Consular Programs’’, $645,444,000, to remain September 30, 2010. struction, Air Force’’, $265,470,000, to remain available until September 30, 2010, of which CAPITAL INVESTMENT FUND available until September 30, 2013: Provided, $117,983,000 is for World Wide Security Protec- That notwithstanding any other provision of For an additional amount for ‘‘Capital Invest- tion and shall remain available until expended: law, such funds may be obligated and expended ment Fund’’, $48,500,000, to remain available Provided, That the Secretary of State may to carry out planning and design and military until expended. transfer up to $135,629,000 of the total funds construction projects not otherwise authorized OFFICE OF INSPECTOR GENERAL made available under this heading to any other by law: Provided further, That none of the For an additional amount for ‘‘Office of In- appropriation of any department or agency of funds provided under this heading for military spector General’’, $3,500,000, to remain available the United States, upon the concurrence of the construction projects in Afghanistan shall be until September 30, 2010, for oversight of pro- head of such department or agency, to support obligated or expended until the Secretary of De- grams in Afghanistan and Pakistan. operations in and assistance for Afghanistan fense certifies to the Committees on Appropria- and to carry out the provisions of the Foreign BILATERAL ECONOMIC ASSISTANCE tions of both Houses of Congress that a prefi- Assistance Act of 1961: Provided further, That of FUNDS APPROPRIATED TO THE PRESIDENT nancing statement for each project has been the funds appropriated under this heading, not submitted to the North Atlantic Treaty Organi- GLOBAL HEALTH AND CHILD SURVIVAL more than $10,000,000 for public diplomacy ac- zation (NATO) for consideration of funding by For an additional amount for ‘‘Global Health tivities may be transferred to, and merged with, the NATO Security Investment Program. and Child Survival’’, $50,000,000, to remain funds made available under the heading ‘‘Inter- available until September 30, 2010, notwith- MILITARY CONSTRUCTION, DEFENSE-WIDE national Broadcasting Operations’’ for broad- standing any other provision of law, except for For an additional amount for ‘‘Military Con- casting activities to the Pakistan-Afghanistan the United States Leadership Against HIV/ struction, Defense-Wide’’, $181,500,000, to re- border region: Provided further, That of the AIDS, Tuberculosis and Malaria Act of 2003 main available until September 30, 2013: Pro- funds appropriated under this heading, (Public Law 108–25), for a United States con- vided, That notwithstanding any other provi- $57,000,000 shall be made available for aircraft tribution to the Global Fund to Fight AIDS, Tu- sion of law, such funds may be obligated and acquisition, maintenance, operations and leases berculosis and Malaria. expended to carry out planning and design and in Afghanistan for the Department of State and military construction projects not otherwise au- the United States Agency for International De- DEVELOPMENT ASSISTANCE thorized by law: Provided further, That velopment (USAID), and the uses and oversight For an additional amount for ‘‘Development $1,781,500,000 is hereby authorized for fiscal of such aircraft shall be the responsibility of the Assistance’’, $38,000,000, to remain available years 2009 through 2013 for the purposes of this United States Chief of Mission in Afghanistan: until September 30, 2010, for assistance for appropriation. Provided further, That of the funds made avail- Kenya.

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INTERNATIONAL DISASTER ASSISTANCE traffic control and safety system to support air nomic Support Fund’’ that are available for as- For an additional amount for ‘‘International operations in the Kyrgyz Republic, including at sistance for Afghanistan shall not be used to Disaster Assistance’’, $245,000,000, to remain Manas International Airport, notwithstanding initiate or make an amendment to any contract, available until expended. any other provision of law. grant or cooperative agreement in an amount exceeding $10,000,000. ECONOMIC SUPPORT FUND DEPARTMENT OF STATE (c) ASSISTANCE FOR WOMEN AND GIRLS.— (INCLUDING TRANSFER OF FUNDS) INTERNATIONAL NARCOTICS CONTROL AND LAW (1) Of the funds appropriated under the head- ENFORCEMENT For an additional amount for ‘‘Economic Sup- ing ‘‘International Narcotics Control and Law port Fund’’, $2,828,000,000, to remain available For an additional amount for ‘‘International Enforcement’’ that are available for assistance until September 30, 2010: Provided, That of the Narcotics Control and Law Enforcement’’, for Afghanistan, not less than $10,000,000 shall funds appropriated under this heading, not less $393,500,000, to remain available until September be made available to train and support Afghan than $866,000,000 may be made available for as- 30, 2010: Provided, That of the funds appro- women investigators, police officers, prosecutors sistance for Afghanistan, of which not less than priated under this heading, not more than and judges with responsibility for investigating, $100,000,000 shall be made available to support $109,000,000 may be made available for assist- prosecuting, and punishing crimes of violence programs that directly address the needs of Af- ance for the West Bank and not more than against women and girls. ghan women and girls, including for the Afghan $66,000,000 may be made available for assistance (2) Of the funds appropriated under the head- Independent Human Rights Commission, the Af- for Mexico. ing ‘‘Economic Support Fund’’ that are avail- ghan Ministry of Women’s Affairs, and for NONPROLIFERATION, ANTI-TERRORISM, DEMINING able for assistance for Afghanistan, not less women-led nongovernmental organizations: Pro- AND RELATED PROGRAMS than $5,000,000 shall be made available for ca- vided further, That of the funds appropriated For an additional amount for ‘‘Nonprolifera- pacity building for Afghan women-led non- under this heading, not less than $115,000,000 tion, Anti-Terrorism, Demining and Related governmental organizations, and not less than shall be made available for the Afghan Recon- Programs’’, $102,000,000, to remain available $25,000,000 shall be made available to support struction Trust Fund, of which not less than until September 30, 2010: Provided, That of this programs and activities of such organizations, $70,000,000 shall be made available for the Na- amount, not more than $77,000,000, to remain including to provide legal assistance and train- tional Solidarity Program: Provided further, available until expended, may be made available ing for Afghan women and girls about their rights, and to promote women’s health (includ- That of the funds appropriated under this head- for the Nonproliferation and Disarmament ing mental health), education, and leadership. ing, not less than $11,000,000 shall be made Fund, notwithstanding any other provision of (d) ANTICORRUPTION.—Ten percent of the available for the Afghan Civilian Assistance law, of which not more than $50,000,000 may be funds appropriated under the heading ‘‘Inter- Program: Provided further, That of the funds made available to enhance security along the national Narcotics Control and Law Enforce- appropriated under this heading, not less than Gaza border: Provided further, That the Sec- ment’’ that are available for assistance for the $439,000,000 shall be made available for assist- retary of State shall work assiduously to facili- Government of Afghanistan shall be withheld ance for Pakistan, of which not more than tate the regular flow of people and licit goods in from obligation until the Secretary of State re- $215,000,000 shall be made available for economic and out of Gaza at established border crossings ports to the Committees on Appropriations that growth programs, including basic education to and shall submit a report to the Committees on the Government of Afghanistan is implementing counter the influence of madrassas; not less Appropriations not later than 45 days after en- a policy to promptly remove from office any gov- than $50,000,000 shall be made available for as- actment of this Act, and every 45 days there- ernment official who is credibly alleged to have sistance for internally displaced persons; and after until September 30, 2010, detailing progress engaged in narcotics trafficking, gross viola- not less than $10,000,000 shall be made available in this effort. tions of human rights, or other major crimes. for democracy programs, including to strengthen MIGRATION AND REFUGEE ASSISTANCE (e) ACQUISITION OF PROPERTY.—Not more democratic political parties: Provided further, For an additional amount for ‘‘Migration and than $10,000,000 of the funds appropriated in That of the funds appropriated under this head- Refugee Assistance’’, $345,000,000, to remain this title may be made available to pay for the ing that are available for assistance for Afghan- available until expended. acquisition of property for diplomatic facilities istan and Pakistan, not less than $20,000,000 INTERNATIONAL SECURITY ASSISTANCE in Afghanistan. shall be made available for a cross border devel- (f) UNITED NATIONS DEVELOPMENT PRO- opment program to be administered by the Spe- FUNDS APPROPRIATED TO THE PRESIDENT GRAM.—None of the funds appropriated in this cial Representative for Afghanistan and Paki- PEACEKEEPING OPERATIONS title may be made available for programs and stan at the Department of State: Provided fur- (INCLUDING TRANSFER OF FUNDS) activities of the United Nations Development ther, That of the funds appropriated under this For an additional amount for ‘‘Peacekeeping Program (UNDP) in Afghanistan unless the Sec- heading, not less than $439,000,000 shall be made Operations’’, $172,900,000, to remain available retary of State reports to the Committees on Ap- available for assistance for Iraq, of which not until September 30, 2010, of which $155,900,000 propriations that UNDP is fully cooperating less than $50,000,000 shall be for the Community may be made available to support the African with efforts of the United States Agency for Action Program and not less than $10,000,000 Union Mission to Somalia and which may be International Development (USAID) to inves- shall be for the Marla Ruzicka Iraqi War Vic- transferred to, and merged with, funds appro- tigate expenditures by UNDP of USAID funds tims Fund: Provided further, That of the funds priated under the heading ‘‘Contributions for associated with the Quick Impact Program in appropriated under this heading, not less than International Peacekeeping Activities’’ for Afghanistan, and has agreed to reimburse $150,000,000 shall be made available for assist- peacekeeping in Somalia: Provided, That of the USAID, if appropriate. ance for Jordan to mitigate the impact of the funds appropriated under this heading, (g) TRAINING IN CIVILIAN-MILITARY COORDINA- TION.—The Secretary of State, in consultation global economic crisis, including for health, $15,000,000 shall be made available for assistance with the Secretary of Defense and the Adminis- education, water and sanitation, and other as- for the Democratic Republic of the Congo and trator of the United States Agency for Inter- sistance for Iraqi and other refugees in Jordan: $2,000,000 shall be made available for the Multi- national Development, shall seek to ensure that Provided further, That of the funds appro- national Force and Observer mission in the civilian personnel assigned to serve in Afghani- priated under this heading, not less than Sinai. $15,000,000 shall be made available for assistance stan receive civilian-military coordination train- INTERNATIONAL MILITARY EDUCATION AND for Yemen; not less than $10,000,000 shall be ing that focuses on counterinsurgency and sta- TRAINING made available for assistance for Somalia; and bility operations, and shall submit a report to not less than $10,000,000 shall be made available For an additional amount for ‘‘International the Committees on Appropriations and Foreign for programs and activities to assist victims of Military Education and Training’’, $2,000,000, Relations of the Senate and the Committees on gender-based violence in the Democratic Repub- to remain available until September 30, 2010, for Appropriations and Foreign Affairs of the lic of the Congo: Provided further, That funds assistance for Iraq. House of Representatives not later than 90 days made available pursuant to the previous proviso FOREIGN MILITARY FINANCING PROGRAM after the date of the enactment of this Act de- shall be administered by the United States For an additional amount for ‘‘Foreign Mili- tailing how such training addresses current and Agency for International Development: Provided tary Financing Program’’, $98,000,000, to remain future civilian-military coordination require- further, That none of the funds appropriated in available until September 30, 2009, for assistance ments. this title for democracy and civil society pro- for Lebanon. ALLOCATIONS grams may be made available for the construc- GENERAL PROVISIONS—THIS TITLE SEC. 1102. (a) Funds appropriated in this title for the following accounts shall be made avail- tion of facilities in the United States. AFGHANISTAN able for programs and countries in the amounts ASSISTANCE FOR EUROPE, EURASIA, AND CENTRAL SEC. 1101. (a) IN GENERAL.—Funds appro- ASIA contained in the respective tables included in priated under the heading ‘‘Economic Support the report accompanying this Act: For an additional amount for ‘‘Assistance for Fund’’ that are available for assistance for Af- (1) ‘‘Diplomatic and Consular Programs’’. Europe, Eurasia and Central Asia’’, ghanistan shall be made available, to the max- (2) ‘‘Embassy Security, Construction, and $230,000,000, to remain available until September imum extent practicable, in a manner that uti- Maintenance’’. 30, 2010, of which $200,000,000 may be made lizes Afghan entities and emphasizes the partici- (3) ‘‘Economic Support Fund’’. available for assistance for Georgia and other pation of Afghan women and directly improves (4) ‘‘International Narcotics Control and Law Eurasian countries: Provided, That of the funds the security, economic and social well-being, Enforcement’’. appropriated under this heading, $30,000,000 and political status, of Afghan women and girls. (b) For the purposes of implementing this sec- may be made available for assistance for the (b) LIMITATION ON CONTRACTS AND GRANTS.— tion, and only with respect to the tables in- Kyrgyz Republic to provide a long-range air Funds appropriated under the heading ‘‘Eco- cluded in the report accompanying this Act, the

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 6333 E:\CR\FM\A02JN6.030 S02JNPT1 smartinez on PROD1PC64 with SENATE S5976 CONGRESSIONAL RECORD — SENATE June 2, 2009 Secretary of State and the Administrator of the under the heading ‘‘Economic Support Fund’’ of aircraft purchased by the Government of United States Agency for International Develop- that are made available pursuant to this sec- Mexico. ment, as appropriate, may propose deviations to tion. (c) In order to enhance border security and the amounts referenced in subsection (a), sub- (1) The authority contained in subsection (b) cooperation in law enforcement efforts between ject to the regular notification procedures of the may only be exercised for a country that has Mexico and the United States, funds appro- Committees on Appropriations and section 634A signed a compact with the MCC or has been des- priated in this title that are available for assist- of the Foreign Assistance Act of 1961. ignated by the MCC as a threshold country, and ance for Mexico may be made available for the BURMA such a reprogramming of funds should be made, procurement of law enforcement communica- if practicable, prior to making available additions equipment only if such equipment utilizes SEC. 1103. (a) Funds appropriated under the tional assistance for such purposes. open standards and is compatible with, and ca- heading ‘‘Economic Support Fund’’ for humani- (2) The MCC shall consult with the Commit- pable of operating with, radio communications tarian assistance for Burma may be made avail- tees on Appropriations prior to exercising the systems and related equipment utilized by Fed- able notwithstanding any other provision of authority of this subsection. eral law enforcement agencies in the United law. States to enhance border security and coopera- (b) Not later than 30 days after enactment of IRAQ tion in law enforcement efforts between Mexico this Act, the Secretary of State shall submit to SEC. 1106. (a) IN GENERAL.—Funds appro- and the United States. the Committees on Appropriations a report that priated in this title that are available for assist- details the findings and recommendations of the ance for Iraq shall be made available, to the MULTILATERAL DEVELOPMENT BANK Department of State’s review of United States maximum extent practicable, in a manner that REPLENISHMENTS policy toward Burma. utilizes Iraqi entities. SEC. 1109. (a) INTERNATIONAL DEVELOPMENT SSOCIATION EXTENSION OF AUTHORITIES (b) MATCHING REQUIREMENT.—Funds appro- A .—The International Development priated in this title for assistance for Iraq shall Association Act (22 U.S.C. 284 et seq.) is amend- SEC. 1104. Funds appropriated in this title be made available in accordance with the De- ed by adding at the end thereof the following: may be obligated and expended notwithstanding partment of State’s April 9, 2009, ‘‘Guidelines for ‘‘SEC. 24. FIFTEENTH REPLENISHMENT. section 10 of Public Law 91–672, section 15 of the Government of Iraq Financial Participation in ‘‘(a) The United States Governor of the Inter- State Department Basic Authorities Act of 1956, United States Government-Funded Civilian For- national Development Association is authorized section 313 of the Foreign Relations Authoriza- eign Assistance Programs and Projects’’. to contribute on behalf of the United States tion Act, Fiscal Years 1994 and 1995 (Public Law (c) OTHER ASSISTANCE.—Of the funds appro- $3,705,000,000 to the fifteenth replenishment of 103–236), and section 504(a)(1) of the National priated in this title under the heading ‘‘Eco- the resources of the Association, subject to ob- Security Act of 1947 (50 U.S.C. 414(a)(1)). nomic Support Fund’’, not less than $20,000,000 taining the necessary appropriations. GLOBAL FINANCIAL CRISIS shall be made available for targeted development ‘‘(b) In order to pay for the United States con- SEC. 1105. (a) IN GENERAL.—Of the funds ap- programs and activities in areas of conflict in tribution provided for in subsection (a), there propriated under the heading ‘‘Economic Sup- Iraq, and the responsibility for policy decisions are authorized to be appropriated, without fis- port Fund’’, not more than $285,000,000 may be and justifications for the use of such funds shall cal year limitation, $3,705,000,000 for payment made available for assistance for vulnerable be the responsibility of the United States Chief by the Secretary of the Treasury. populations in developing countries severely af- of Mission in Iraq. ‘‘SEC. 25. MULTILATERAL DEBT RELIEF. fected by the global financial crisis: Provided, PROHIBITION ON ASSISTANCE FOR HAMAS ‘‘(a) The Secretary of the Treasury is author- That funds made available pursuant to this sec- ized to contribute, on behalf of the United SEC. 1107. (a) None of the funds appropriated tion may be obligated only after the Adminis- in this title may be made available for assistance States, not more than $356,000,000 to the Inter- trator of the United States Agency for Inter- to Hamas, or any entity effectively controlled by national Development Association for the pur- national Development (USAID) submits a report Hamas or any power-sharing government of pose of funding debt relief under the Multilat- to the Committees on Appropriations detailing a which Hamas is a member. eral Debt Relief Initiative in the period governed spending plan for each such country including (b) Notwithstanding the limitation of sub- by the fifteenth replenishment of resources of criteria for eligibility, proposed amounts and section (a), assistance may be provided to a the International Development Association, sub- purposes of assistance, and mechanisms for power-sharing government only if the President ject to obtaining the necessary appropriations monitoring the uses of such assistance, and in- certifies and reports to the Committees on Ap- and without prejudice to any funding arrange- dicating that USAID has reviewed its existing propriations that such government, including ments in existence on the date of the enactment programs in such country to determine re- all of its ministers or such equivalent, has pub- of this section. programming opportunities to increase assist- ‘‘(b) In order to pay for the United States con- licly accepted and is complying with the prin- ance for vulnerable populations: Provided fur- tribution provided for in subsection (a), there ciples contained in section 620K(b)(1)(A) and (B) ther, That funds made available pursuant to are authorized to be appropriated, without fis- of the Foreign Assistance Act of 1961, as amend- this section shall be transferred to, and merged cal year limitation, not more than $356,000,000 ed. with, the following accounts: for payment by the Secretary of the Treasury. (c) The President may exercise the authority (1) Not less than $12,000,000 for the ‘‘Develop- ‘‘(c) In this section, the term ‘Multilateral in section 620K(e) of the Foreign Assistance Act ment Credit Authority’’, for the cost of direct Debt Relief Initiative’ means the proposal set as added by the Palestinian Anti-Terrorism Act loans and loan guarantees notwithstanding the out in the G8 Finance Ministers’ Communique of 2006 (Public Law 109–446) with respect to this dollar limitations in such account on transfers entitled ‘Conclusions on Development,’ done at subsection. to the account and the principal amount of London, June 11, 2005, and reaffirmed by G8 (d) Whenever the certification pursuant to loans made or guaranteed with respect to any Heads of State at the Gleneagles Summit on July subsection (b) is exercised, the Secretary of State single country or borrower: Provided, That such 8, 2005.’’. shall submit a report to the Committees on Ap- transferred funds may be made available to sub- (b) AFRICAN DEVELOPMENT FUND.—The Afri- propriations within 120 days of the certification sidize total loan principal, any portion of which can Development Fund Act (22 U.S.C. 290 et and every quarter thereafter on whether such is to be guaranteed, of up to $3,300,000,000: Pro- seq.) is amended by adding at the end thereof government, including all of its ministers or vided further, That the authority provided in the following: such equivalent, are continuing to comply with this subsection is in addition to authority pro- ‘‘SEC. 219. ELEVENTH REPLENISHMENT. the principles contained in section 620K(b)(1)(A) vided under the heading ‘‘Development Credit ‘‘(a) The United States Governor of the Fund and (B). The report shall also detail the Authority’’ in Public Law 111–8: Provided fur- is authorized to contribute on behalf of the amount, purposes and delivery mechanisms for ther, That and up to $1,500,000 may be made United States $468,165,000 to the eleventh re- any assistance provided pursuant to the available for administrative expenses to carry plenishment of the resources of the Fund, sub- abovementioned certification and a full ac- out credit programs administered by the United ject to obtaining the necessary appropriations. counting of any direct support of such govern- States Agency for International Development; ‘‘(b) In order to pay for the United States con- ment. and tribution provided for in subsection (a), there (2) Not more than $20,000,000 for the ‘‘Over- MEXICO are authorized to be appropriated, without fis- seas Private Investment Corporation Program SEC. 1108. (a) Not later than 60 days after en- cal year limitation, $468,165,000 for payment by Account’’, notwithstanding section 708(b) of actment of this Act, the Secretary of State shall the Secretary of the Treasury. Public Law 111–8: Provided, That such funds submit a report to the Committees on Appropria- ‘‘SEC. 220. MULTILATERAL DEBT RELIEF INITIA- shall not be available for administrative ex- tions detailing actions taken by the Government TIVE. penses of the Overseas Private Investment Cor- of Mexico since June 30, 2008, to investigate and ‘‘(a) The Secretary of the Treasury is author- poration. prosecute violations of internationally recog- ized to contribute, on behalf of the United (b) REPROGRAMMING AUTHORITY.—Notwith- nized human rights by members of the Mexican States, not more than $26,000,000 to the African standing any other provision of law and in ad- Federal police and military forces, and to sup- Development Fund for the purpose of funding dition to funds otherwise available for such pur- port a thorough, independent, and credible in- debt relief under the Multilateral Debt Relief poses, funds appropriated under the heading vestigation of the murder of American citizen Initiative in the period governed by the eleventh ‘‘Millennium Challenge Corporation’’ (MCC) in Bradley Roland Will. replenishment of resources of the African Devel- prior Acts making appropriations for the De- (b) None of the funds appropriated in this title opment Fund, subject to obtaining the necessary partment of State, foreign operations, export fi- may be made available for the cost of fuel for appropriations and without prejudice to any nancing, and related programs may be trans- helicopters provided to Mexico, or for logistical funding arrangements in existence on the date ferred to, and merged with, funds appropriated support, including operations and maintenance, of the enactment of this section.

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 6333 E:\CR\FM\A02JN6.030 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5977 ‘‘(b) In order to pay for the United States concluding by seeking to ensure the availability of, (EITI) by these institutions and the integration tribution provided for in subsection (a), there and access by claimants to, the Inspection Panel of the principles of the EITI into extractive in- are authorized to be appropriated, without fis- for projects supported by World Bank resources. dustry-related projects that are funded by the cal year limitation, not more than $26,000,000 for ‘‘(c) EVALUATION OF COUNTRY SYSTEMS.—The multilateral development banks. payment by the Secretary of the Treasury.’’. Secretary of the Treasury shall direct the (d) REPORT.—Not later than September 30, PROMOTION OF POLICY GOALS AT THE WORLD United States Executive Directors at the World 2009, the Secretary of the Treasury shall submit a report to the Committee on Appropriations BANK GROUP Bank to request an evaluation by the Inde- pendent Evaluation Group on the use of coun- and the Committee on Foreign Relations of the SEC. 1110. Title XVI of the International Fi- try environmental and social safeguard systems Senate, and the Committee on Appropriations nancial Institutions Act (22 U.S.C. 262p et seq.) to determine the degree to which, in practice, and the Committee on Foreign Affairs of the is amended by adding at the end thereof the fol- the use of such systems provides the same level House, detailing actions taken by the multilat- lowing: of protection at the project level as do the poli- eral development banks to achieve the objectives ‘‘SEC. 1626. REFORM OF THE ‘DOING BUSINESS’ cies and procedures of the World Bank. of this section. REPORT OF THE WORLD BANK. ‘‘(d) WORLD BANK DEFINED.—In this section, (e) COORDINATION OF DEVELOPMENT POLICY.— ‘‘(a) The Secretary of the Treasury shall in- the term ‘World Bank’ means the International The Secretary of the Treasury shall coordinate struct the United States Executive Directors at Bank for Reconstruction and Development and the formulation and implementation of United the International Bank for Reconstruction and the International Development Association.’’. States policy relating to the development activi- Development, the International Development ties of the World Bank Group with the Secretary CLIMATE CHANGE MITIGATION AND GREENHOUSE Association, and the International Finance Cor- of State, the Administrator of the United States GAS ACCOUNTING poration of the following United States policy Agency for International Development, and goals, and to use the voice and vote of the SEC. 1111. Title XIII of the International Fi- other Federal agencies, as appropriate. nancial Institutions Act (22 U.S.C. 262m et seq.) United States to actively promote and work to OVERSEAS COMPARABILITY PAY ADJUSTMENT achieve these goals: is amended by adding at the end thereof the following: SEC. 1113. (a) Subject to such regulations pre- ‘‘(1) Suspension of the use of the ‘Employing scribed by the Secretary of State, including with Workers’ Indicator for the purpose of ranking or ‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND respect to phase-in schedule and treatment as GREENHOUSE GAS ACCOUNTING. scoring country performance in the annual basic pay, and notwithstanding any other pro- ‘‘(a) USE OF GREENHOUSE GAS ACCOUNTING.— Doing Business Report of the World Bank until vision of law, funds appropriated for this fiscal The Secretary of the Treasury shall seek to en- a set of indicators can be devised that fairly rep- year in this or any other Act may be used to pay sure that multilateral development banks (as de- resent the value of internationally recognized an eligible member of the Foreign Service as defined in section 1701(c)(4) of this Act) adopt and workers’ rights, including core labor standards, fined in subsection (b) of this section a locality- implement greenhouse gas accounting in ana- in creating a stable and favorable environment based comparability payment (stated as a per- lyzing the benefits and costs of individual for attracting private investment. The indicators centage) up to the amount of the locality-based shall bring to bear the experiences of the mem- projects (excluding those with de minimus comparability payment (stated as a percentage) ber governments in dealing with the economic, greenhouse gas emissions) for which funding is that would be payable to such member under social and political complexity of labor market sought from the bank. section 5304 of title 5, United States Code if such ‘‘(b) EXPANSION OF CLIMATE CHANGE MITIGA- issues. The indicators should be developed member’s official duty station were in the Dis- through collaborative discussions with and be- TION ACTIVITIES.—The Secretary of the Treas- trict of Columbia. tween the World Bank, the International Fi- ury shall work to ensure that the multilateral (b) A member of the Service shall be eligible nance Corporation, the International Labor Or- development banks (as defined in section for a payment under this section only if the ganization, private companies, and labor 1701(c)(4)) expand their activities supporting cli- member is designated class 1 or below for pur- unions. mate change mitigation by— poses of section 403 of the Foreign Service Act of ‘‘(2) Elimination of the ‘Labor Tax and Social ‘‘(1) significantly expanding support for in- 1980 (22 U.S.C. 3963) and the member’s official Contributions’ Subindicator from the annual vestments in energy efficiency and renewable duty station is not in the continental United Doing Business Report of the World Bank. energy, including zero carbon technologies; States or in a non-foreign area, as defined in ‘‘(3) Removal of the ‘Employing Workers’ In- ‘‘(2) reviewing all proposed infrastructure in- section 591.205 of title 5, Code of Federal Regu- dicator as a ‘guidepost’ for calculating the an- vestments to ensure that all opportunities for in- lations. nual Country Policy and Institutional Assess- tegrating energy efficiency measures have been (c) The amount of any locality-based com- ment score for each recipient country. considered; parability payment that is paid to a member of ‘‘(b) Within 60 days after the date of the en- ‘‘(3) increasing the dialogue with the govern- the Foreign Service under this section shall be actment of this section, the Secretary of the ments of developing countries regarding— subject to any limitations on pay applicable to Treasury shall provide an instruction to the ‘‘(A) analysis and policy measures needed for locality-based comparability payments under United States Executive Directors referred to in low carbon emission economic development; and section 5304 of title 5, United States Code. subsection (a) to take appropriate actions with ‘‘(B) reforms needed to promote private sector investments in energy efficiency and renewable ASSESSMENT ON AFGHANISTAN AND PAKISTAN respect to implementing the policy goals of the SEC. 1114. (a) FINDING.—The Congress sup- United States set forth in subsection (a), and energy, including zero carbon technologies; and ‘‘(4) integrate low carbon emission economic ports economic and security assistance for Af- such instruction shall be posted on the website development objectives into multilateral develop- ghanistan and Pakistan, but long-term stability of the Department of the Treasury. ment bank country strategies. and security in those countries is tied more to ‘‘SEC. 1627. ENHANCING THE TRANSPARENCY ‘‘(c) REPORT TO CONGRESS.—Not later than 1 the capacity and conduct of the Afghan and AND EFFECTIVENESS OF THE IN- year after the date of the enactment of this sec- Pakistani governments and the resolve of both SPECTION PANEL PROCESS OF THE societies for peace and stability, to include com- WORLD BANK. tion, and annually thereafter, the Secretary of bating extremist networks, than it is to the poli- ‘‘(a) ENHANCING TRANSPARENCY IN IMPLEMEN- the Treasury shall submit a report on the status cies of the United States. TATION OF MANAGEMENT ACTION PLANS.—The of efforts to implement this section to the Com- mittee on Foreign Relations and the Committee (b) REPORT.—The President shall submit a re- Secretary of the Treasury shall direct the port to the appropriate congressional commit- United States Executive Directors at the World on Appropriations of the Senate and the Com- mittee on Financial Services and the Committee tees, not later than 90 days after the date of en- Bank to seek to ensure that World Bank Proce- actment of this Act and every 6 months there- dure 17.55, which establishes the operating pro- on Appropriations of the House of Representa- tives.’’. after until September 30, 2010, in classified form cedures of Management with regard to the In- if necessary, assessing the extent to which the MULTILATERAL DEVELOPMENT BANK REFORM spection Panel, provides that Management pre- Afghan and Pakistani governments are dem- pare and make available to the public semi- SEC. 1112. (a) BUDGET DISCLOSURE.—The Sec- onstrating the necessary commitment, capa- annual progress reports describing implementa- retary of the Treasury shall seek to ensure that bility, conduct and unity of purpose to warrant tion of Action Plans considered by the Board; the multilateral development banks make timely, the continuation of the President’s policy an- allow and receive comments from Requesters public disclosure of their operating budgets in- nounced on March 27, 2009, to include: and other Affected Parties for two months after cluding expenses for staff, consultants, travel (1) The level of political consensus and unity the date of disclosure of the progress reports; and facilities. of purpose across ethnic, tribal, religious and post these comments on World Bank and Inspec- (b) EVALUATION.—The Secretary of the Treas- political party affiliations to confront the polit- tion Panel websites (after receiving permission ury shall seek to ensure that multilateral devel- ical and security challenges facing the region; from the requestors to post with or without at- opment banks rigorously evaluate the develop- (2) The level of official corruption that under- tribution); submit the reports to the Board with ment impact of selected bank projects, programs, mines such political consensus and unity of pur- any comments received; and make public the and financing operations, and emphasize use of pose, and actions taken to eliminate it; substance of any actions taken by the Board random assignment in conducting such evalua- (3) The actions taken by the respective secu- after Board consideration of the reports. tions, where appropriate and to the extent fea- rity forces and appropriate government entities ‘‘(b) SAFEGUARDING THE INDEPENDENCE AND sible. in developing a counterinsurgency capability, EFFECTIVENESS OF THE INSPECTION PANEL.—The (c) EXTRACTIVE INDUSTRIES.—The Secretary of conducting counterinsurgency operations, and Secretary of the Treasury shall direct the the Treasury shall direct the United States Ex- establishing security and governance on the United States Executive Directors at the World ecutive Directors at the multilateral develop- ground; Bank to continue to promote the independence ment banks to promote the endorsement of the (4) The actions taken by the respective intel- and effectiveness of the Inspection Panel, in- Extractive Industry Transparency Initiative ligence agencies in cooperating with the United

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 6333 E:\CR\FM\A02JN6.031 S02JNPT1 smartinez on PROD1PC64 with SENATE S5978 CONGRESSIONAL RECORD — SENATE June 2, 2009 States on counterinsurgency and counterter- istrator of the United States Agency for Inter- and Law Enforcement’’ to provide medical and rorism operations and in terminating policies national Development, shall submit to the Com- rehabilitation assistance for members of Colom- and programs, and removing personnel, that mittees on Appropriations a report detailing bian security forces who have suffered severe in- provide material support to extremist networks planned expenditures for funds appropriated in juries. that target United States troops or undermine this title, except for funds appropriated under TERMS AND CONDITIONS United States objectives in the region; the headings ‘‘International Disaster Assist- (5) The ability of the Afghan and Pakistani ance’’ and ‘‘Migration and Refugee Assist- SEC. 1119. Unless otherwise provided for in governments to effectively control and govern ance’’. this Act, funds appropriated or otherwise made the territory within their respective borders; and (b) NOTIFICATION.—Funds appropriated in available in this title shall be available under (6) The ways in which United States Govern- this title, with the exception of funds appro- the authorities and conditions provided in the ment assistance contributed, or failed to con- priated under the headings ‘‘International Dis- Department of State, Foreign Operations, and tribute, to achieving the goals outlined above. aster Assistance’’ and ‘‘Migration and Refugee Related Programs Appropriations Act, 2009 (di- (c) POLICY ASSESSMENT.—The President, on Assistance’’, shall be subject to the regular noti- vision H of Public Law 111–8), except that sec- the basis of information gathered and coordi- fication procedures of the Committees on Appro- tions 7042(a) and (c) and 7070(e)(2) of such Act nated by the National Security Council, shall priations and section 634A of the Foreign Assist- shall not apply to such funds. advise the Congress on how such assessment re- ance Act of 1961. OVERSEAS DEPLOYMENTS quires, or does not require, changes to such pol- TECHNICAL PROVISIONS icy. SEC. 1120. Each amount in this title is des- SEC. 1118. (a) MODIFICATIONS.—The funding (d) DEFINITION.—For purposes of this section, ignated as being for overseas deployments and limitation in section 7046(a) of Public Law 111– ‘‘appropriate congressional committees’’ means other activities pursuant to sections 401(c)(4) 8 shall not apply to funds made available for as- the Committees on Appropriations, Foreign Re- and 423(a) of S. Con. Res. 13 (111th Congress), sistance for Colombia through the United States lations and Armed Services of the Senate, and the concurrent resolution on the budget for fis- Agency for International Development’s Office the Committees on Appropriations, Foreign Af- cal year 2010. of Transition Initiatives: Provided, That title III fairs and Armed Services of the House of Rep- of division H of Public Law 111–8 is amended AFGHANISTAN AND PAKISTAN POLICY resentatives. under the heading ‘‘Economic Support Fund’’ in SEC. 1121. (a) OBJECTIVES FOR AFGHANISTAN ASSISTANCE FOR PAKISTAN the second proviso by striking ‘‘up to AND PAKISTAN.—Not later than 60 days after the SEC. 1115. (a) FINDINGS.— $20,000,000’’ and inserting ‘‘not less than date of the enactment of this Act, the President (1) The United States and the international $20,000,000’’. shall develop and submit to the appropriate community have welcomed and supported Paki- (b) NOTIFICATION REQUIREMENT.—Funds ap- committees of Congress the following: stan’s return to civilian rule since the demo- propriated by this Act that are transferred to cratic elections of February 18, 2008; the Department of State or the United States (1) A clear statement of the objectives of (2) Since 2001, the United States has provided Agency for International Development shall be United States policy with respect to Afghanistan more than $12,000,000,000 in economic and secu- subject to the regular notification procedures of and Pakistan. rity assistance to Pakistan; the Committees on Appropriations, notwith- (2) Metrics to be utilized to assess progress to- (3) Afghanistan and Pakistan are facing standing any other provision of law. ward achieving the objectives developed under grave threats to their internal security from a (c) AUTHORITY.—Funds appropriated in this paragraph (1). growing insurgency fueled by al Qaeda, the title, and subsequent and prior acts appro- (b) REPORTS.— Taliban and other violent extremist groups oper- priating funds for Department of State, Foreign (1) IN GENERAL.—Not later than March 30, ating in areas along the Afghanistan-Pakistan Operations, and Related Programs and under 2010 and every 120 days thereafter until Sep- border; and the heading ‘‘Public Law 480 Title II Grants’’ in tember 30, 2011, the President, in consultation (4) The United States is committed to sup- this, subsequent, and prior Acts appropriating with Coalition partners as appropriate, shall porting vigorous efforts by the Government of funds for Agriculture, Rural Development, Food submit to the appropriate committees of Con- Pakistan to secure Pakistan’s western border and Drug Administration, and Related Agen- gress a report setting forth the following: and counter violent extremism, expand govern- cies, shall be made available notwithstanding ment services, support economic development, the requirements of and amendments made by (A) A description and assessment of the combat corruption and uphold the rule of law in section 3511 of Public Law 110–417. progress of United States Government efforts, such areas. (d) REEMPLOYMENT OF ANNUITANTS.— including those of the Department of Defense, (b) REPORT.—Not later than 90 days after en- (1) Section 824 of the Foreign Service Act of the Department of State, the United States actment of this Act, the Secretary of State shall 1980 (22 U.S.C. 4064) is amended in subsection Agency for International Development, and the submit a report, in classified form if necessary, (g)(1)(B) by inserting ‘‘, Pakistan,’’ after ‘‘Iraq’’ Department of Justice, in achieving the objec- to the Committees on Appropriations detailing— each place it appears; by inserting ‘‘to positions tives for Afghanistan and Pakistan developed (1) a spending plan for the proposed uses of in the Response Readiness Corps,’’ before ‘‘or to under subsection (a)(1). funds appropriated in this title under the head- posts vacated’’; and, in subsection (g)(2) by (B) Any modification of the metrics developed ings ‘‘Economic Support Fund’’ and ‘‘Inter- striking ‘‘2009’’ and inserting instead ‘‘2012’’. under subsection (a)(2) in light of circumstances national Narcotics Control and Law Enforce- (2) Section 61 of the State Department Basic in Afghanistan or Pakistan, together with a jus- ment’’ that are available for assistance for Paki- Authorities Act of 1956 (22 U.S.C. 2733) is tification for such modification. stan including amounts, the purposes for which amended in subsection (a)(1) by adding ‘‘, Paki- (C) Recommendations for the additional re- funds are to be made available, and intended re- stan,’’ after ‘‘Iraq’’ each place it appears; by in- sources or authorities, if any, required to sults; serting ‘‘, to positions in the Response Readiness achieve such objectives for Afghanistan and (2) the actions to be taken by the United Corps,’’ before ‘‘or to posts vacated’’; and, in Pakistan. States and the Government of Pakistan relating subsection (a)(2) by striking ‘‘2008’’ and insert- (2) FORM.—Each report under this subsection to such assistance; ing instead ‘‘2012’’. may be submitted in classified or unclassified (3) the metrics for measuring progress in (3) Section 625 of the Foreign Assistance Act form. Any report submitted in classified form achieving such results; and of 1961 (22 U.S.C. 2385) is amended in subsection shall include an unclassified annex or summary (4) the mechanisms for monitoring such funds. (j)(1)(A) by adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ of the matters contained in the report. SPECIAL AUTHORITY each place it appears; by inserting ‘‘, to positions in the Response Readiness Corps,’’ before (3) APPROPRIATE COMMITTEES OF CONGRESS SEC. 1116. (a) Notwithstanding any other pro- ‘‘or to posts vacated’’; and, in subsection DEFINED.—In this subsection, the term ‘‘appro- vision of law, funds appropriated under the (J)(1)(B) by striking ‘‘2008’’ and inserting in- priate committees of Congress’’ means— headings ‘‘Global HIV/AIDS Initiative’’ or stead ‘‘2012’’. (A) the Committees on Armed Services, Appro- ‘‘Global Health and Child Survival’’ in prior (e) INCENTIVES FOR CRITICAL POSTS.—Not- priations, Foreign Relations, Homeland Security Acts making appropriations for the Department withstanding sections 5753(a)(2)(A) and and Governmental Affairs, and the Judiciary of State, foreign operations, export financing 5754(a)(2)(A) of title 5, United States Code, ap- and the Select Committee on Intelligence of the and related programs for assistance for Kenya propriations made available by this or any other Senate; and to carry out the President’s Emergency Plan for Act may be used to pay recruitment, relocation, AIDS Relief may be transferred to, and merged (B) the Committees on Armed Services, Appro- and retention bonuses under chapter 57 of title with, funds made available under the heading priations, Foreign Affairs, Homeland Security, 5, United States Code to members of the Foreign ‘‘Economic Support Fund’’ to respond to insta- and the Judiciary and the Permanent Select Service, other than chiefs of mission and ambas- bility in Kenya arising from conflict or civil Committee on Intelligence of the House of Rep- sadors at large, who are on official duty in Iraq, strife. resentatives. Afghanistan, or Pakistan. This authority shall (b) The Secretary of State shall consult with terminate on October 1, 2012. ADDITIONAL AMOUNT FOR ASSISTANCE FOR the Committees on Appropriations prior to exer- (f) Of the funds appropriated under the head- GEORGIA cising the authority of this section. ing ‘‘Foreign Military Financing Program’’ in SEC. 1122. The amount appropriated by this SPENDING PLAN AND NOTIFICATION PROCEDURES Public Law 110–161 that are available for assist- title under the heading ‘‘Assistance for Europe, SEC. 1117. (a) SPENDING PLAN.—Not later than ance for Colombia, $500,000 may be transferred Eurasia and Central Asia’’ may be increased by 45 days after the enactment of this Act, the Sec- to, and merged with, funds appropriated under up to $42,500,000, with the amount of the in- retary of State, in consultation with the Admin- the heading ‘‘International Narcotics Control crease to be available for assistance for Georgia.

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 6333 E:\CR\FM\A02JN6.031 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5979 TITLE XII TITLE XIII on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the DEPARTMENT OF TRANSPORTATION OTHER MATTERS Senate and the Committee on Financial Services INTERNATIONAL ASSISTANCE PROGRAMS OFFICE OF THE SECRETARY of the House of Representatives on the amend- INTERNATIONAL MONETARY PROGRAMS ments to be made to the New Arrangements to PAYMENTS TO AIR CARRIERS UNITED STATES QUOTA, INTERNATIONAL Borrow, including guidelines and criteria gov- (AIRPORT AND AIRWAY TRUST FUND) MONETARY FUND erning the use of its resources; the countries that have made commitments to contribute to In addition to funds made available under For an increase in the United States quota in the New Arrangements to Borrow and the Public Law 111–8 and funds authorized under the International Monetary Fund, the dollar amount of such commitments; and the steps subsection 41742(a)(1) of title 49, United States equivalent of 4,973,100,000 Special Drawing taken by the United States to expand the num- Code, to carry out the essential air service pro- Rights, to remain available until expended: Pro- ber of countries so the United States share of gram, to be derived from the Airport and Airway vided, That the cost of the amounts provided the expanded New Arrangements to Borrow is Trust Fund, $13,200,000, to remain available herein shall be determined as provided under representative of its share as of the date of en- until expended. the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): Provided further, That for purposes actment of this Act: Provided further, That any FEDERAL AVIATION ADMINISTRATION of section 502(5) of the Federal Credit Reform loan under the authority granted in this subsection shall be made with due regard to the GRANTS-IN-AID FOR AIRPORTS Act of 1990, the discount rate in section 502(5)(E) shall be adjusted for market risks: Pro- present and prospective balance of payments (AIRPORT AND AIRWAY TRUST FUND) vided further, That section 504(b) of the Federal and reserve position of the United States.’’. and (RESCISSION) Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply. (2) in subsection (b)— Of the amounts authorized under sections (A) by inserting ‘‘(1)’’ before ‘‘For the purpose LOANS TO INTERNATIONAL MONETARY FUND 48103 and 48112 of title 49, United States Code, of’’; $13,200,000 are permanently rescinded from For loans to the International Monetary Fund (B) by inserting ‘‘subsection (a)(1) of’’ after amounts authorized for the fiscal year ending under section 17(a)(ii) and (b)(ii) of the Bretton ‘‘pursuant to’’; and September 30, 2008. Woods Agreements Act (Public Law 87–490, 22 (C) by adding at the end the following: U.S.C. 286e–2), as amended by this Act pursuant ‘‘(2) For the purpose of making loans to the GENERAL PROVISIONS—THIS TITLE to the New Arrangements to Borrow, the dollar International Monetary Fund pursuant to subsection (a)(2) of this section, there is hereby au- SEC. 1201. Section 1937 of Public Law 109–59 equivalent of up to 75,000,000,000 Special Draw- thorized to be appropriated not to exceed the (119 Stat. 1144, 1510) is amended— ing Rights, to remain available until expended, in addition to any amounts previously appro- dollar equivalent of 75,000,000,000 Special Draw- (1) in paragraph (1) by striking ‘‘expendi- priated under section 17 of such Act: Provided, ing Rights, in addition to any amounts pre- tures’’ each place that it appears and inserting That if the United States agrees to an expansion viously authorized under this section, except ‘‘allocations’’; and of its credit arrangement in an amount less than that prior to activation, the Secretary of the (2) in paragraph (2) by striking ‘‘expenditure’’ the dollar equivalent of 75,000,000,000 Special Treasury shall report to Congress on whether and inserting ‘‘allocation’’. Drawing Rights, any amount over the United supplementary resources are needed to forestall SEC. 1202. A recipient and subrecipient of States’ agreement shall not be available until or cope with an impairment of the international funds appropriated in Public Law 111–5 and ap- further appropriated: Provided further, That monetary system and whether the Fund has portioned pursuant to section 5311 and section the cost of the amounts provided herein shall be fully explored other means of funding, to remain 5336 (other than subsection (i)(1) and (j)) of title determined as provided under the Federal Credit available until expended to meet calls by the 49, United States Code, may use up to 10 percent Reform Act of 1990 (2 U.S.C. 661 et. seq.): Pro- Fund. Any payments made to the United States of the amount apportioned for the operating vided further, That for purposes of section by the Fund as a repayment on account of the costs of equipment and facilities for use in pub- 502(5) of the Federal Credit Reform Act of 1990, principal of a loan made under this section shall lic transportation: Provided, That a grant obli- the discount rate in section 502(5)(E) shall be continue to be available for loans to the Fund.’’. gating such funds prior to the date of the enact- adjusted for market risks: Provided further, SEC. 1302. The Bretton Woods Agreements Act ment of this Act may be amended to allow a re- That section 504(b) of the Federal Credit Reform (22 U.S.C. 286 et seq.) is amended by adding at cipient and subrecipient to use the funds made Act of 1990 (2 U.S.C. 661c(b)) shall not apply. the end the following: ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE available for operating assistance: Provided fur- GENERAL PROVISIONS—INTERNATIONAL ther, That such funds are designated as an ARTICLES OF AGREEMENT OF THE ASSISTANCE PROGRAMS FUND. emergency requirement pursuant to section 403 SEC. 1301. Section 17 of the Bretton Woods ‘‘The United States Governor of the Fund may of S. Con. Res. 13 (111th Congress), the concur- Agreements Act (22 U.S.C. 286e–2) is amended— agree to and accept the amendments to the Arti- rent resolution on the budget for fiscal year (1) in subsection (a)— cles of Agreement of the Fund as proposed in 2010. (A) by inserting ‘‘(1)’’ before ‘‘In order to’’; the resolutions numbered 63–2 and 63–3 of the SEC. 1203. Public Law 110–329, under the and Board of Governors of the Fund which were ap- heading ‘‘Project-Based Rental Assistance’’, is (B) by adding at the end the following: proved by such Board on April 28, 2008 and May amended by striking ‘‘project-based vouchers’’ ‘‘(2) In order to carry out the purposes of a 5, 2008, respectively. and all that follows up to the period and insert- one-time decision of the Executive Directors of ‘‘SEC. 65. QUOTA INCREASE. ing ‘‘activities and assistance for the provision the International Monetary Fund (the Fund) to ‘‘(a) IN GENERAL.—The United States Gov- of tenant-based rental assistance, including re- expand the resources of the New Arrangements ernor of the Fund may consent to an increase in lated administrative expenses, as authorized to Borrow, established pursuant to the decision the quota of the United States in the Fund under the United States Housing Act of 1937, as of January 27, 1997 referred to in paragraph (1) equivalent to 4,973,100,000 Special Drawing amended (42 U.S.C. 1437 et seq.), $80,000,000, to above, and to make other amendments to the Rights. remain available until expended: Provided, That New Arrangements to Borrow to achieve an ex- ‘‘(b) SUBJECT TO APPROPRIATIONS.—The au- such funds shall be made available within 60 panded and more flexible New Arrangements to thority provided by subsection (a) shall be effec- days of the enactment of this Act: Provided fur- Borrow as contemplated by paragraph 17 of the tive only to such extent or in such amounts as ther, That in carrying out the activities author- G–20 Leaders’ Statement of April 2, 2009 in Lon- are provided in advance in appropriations Acts. ized under this heading, the Secretary shall don, the Secretary of the Treasury is authorized ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT waive section (o)(13)(B) of the United States to instruct the United States Executive Director OF THE FUND’S GOLD. Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))’’: to consent to such amendments notwithstanding ‘‘(a) The Secretary of the Treasury is author- Provided, That such additional funds are des- subsection (d) of this section, and to make ized to instruct the United States Executive Di- ignated as an emergency requirement pursuant loans, in an amount not to exceed the dollar rector of the Fund to vote to approve the sale of to section 403 of S. Con. Res. 13 (111th Con- equivalent of 75,000,000,000 Special Drawing up to 12,965,649 ounces of the Fund’s gold ac- gress), the concurrent resolution on the budget Rights, in addition to any amounts previously quired since the second Amendment to the for fiscal year 2010. authorized under this section and limited to Fund’s Articles of Agreement, only if such sales SEC. 1204. Public Law 111–5 is amended by such amounts as are provided in advance in ap- are consistent with the guidelines agreed to by striking the second proviso under the heading propriations Acts, except that prior to activa- the Executive Board of the Fund described in ‘‘HOME Investment Partnerships Program’’ and tion, the Secretary of the Treasury shall report the Report of the Managing Director to the inserting ‘‘Provided further, That the housing to Congress on whether supplementary resources International Monetary and Financial Com- credit agencies in each State shall distribute are needed to forestall or cope with an impair- mittee on a New Income and Expenditure these funds competitively under this heading ment of the international monetary system and Framework for the International Monetary and pursuant to their qualified allocation plan whether the Fund has fully explored other Fund (April 9, 2008) to prevent disruption to the (as defined in section 42(m) of the Internal Rev- means of funding, to the Fund under article world gold market: Provided, That at least 30 enue Code of 1986) to owners of projects who VII, section 1(i), of the Articles of Agreement of days prior to any such vote, the Secretary shall have received or receive simultaneously an the Fund: Provided, That prior to instructing consult with the Committee on Foreign Rela- award of low-income housing tax credits under the United States Executive Director to provide tions and the Committee on Banking, Housing, sections 42(h) and 1400N of the Internal Rev- consent to such amendments, the Secretary of and Urban Affairs of the Senate and the Com- enue Code of 1986:’’. the Treasury shall consult with the Committee mittee on Financial Services of the House of

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 6333 E:\CR\FM\A02JN6.031 S02JNPT1 smartinez on PROD1PC64 with SENATE S5980 CONGRESSIONAL RECORD — SENATE June 2, 2009 Representatives regarding the use of proceeds stability and conduct effective multilateral sur- ‘‘(3) specifically exempted from disclosure by from the sale of such gold: Provided further, veillance. statute (other than section 552b of this title), if That the Secretary of the Treasury shall seek to (d) The Secretary of the Treasury shall in- that statute— ensure that: struct the United States Executive Director of ‘‘(A)(i) requires that the matters be withheld ‘‘(1) the Fund will provide support to low-in- the International Monetary Fund to use the from the public in such a manner as to leave no come countries that are eligible for the Poverty voice and vote of the United States to oppose discretion on the issue; or Reduction and Growth Facility or other low-in- any loan, project, agreement, memorandum, in- ‘‘(ii) establishes particular criteria for with- come lending from the Fund by making avail- strument, plan, or other program of the Fund to holding or refers to particular types of matters able Fund resources of not less than $4 billion; a Heavily Indebted Poor Country that imposes to be withheld; and ‘‘(2) such Fund resources referenced above budget caps or restraints that do not allow the ‘‘(B) if enacted after the date of enactment of will be used to leverage additional support by a maintenance of or an increase in governmental the OPEN FOIA Act of 2009, specifically cites to significant multiple to provide loans with sub- spending on health care or education; and to this paragraph.’’. stantial concessionality and debt service pay- promote government spending on health care, GENERAL PROVISION—THIS ACT ment relief and/or grants, as appropriate to a education, food aid, or other critical safety net AVAILABILITY OF FUNDS country’s circumstances: programs in all of the Fund’s activities with re- SEC. 1308. No part of any appropriation con- ‘‘(3) support provided through forgiveness of spect to Heavily Indebted Poor Countries. tained in this Act shall remain available for ob- interest on concessional loans will be provided SEC. 1304. Each amount in this title is des- for not less than two years; and ignated as being for overseas deployments and ligation beyond the current fiscal year unless ‘‘(4) the support provided to low-income coun- other activities pursuant to sections 401(c)(4) expressly so provided herein. This Act may be cited as the ‘‘Supplemental tries occurs within six years, a substantial and 423(a) of S. Con. Res. 13 (111th Congress), Appropriations Act, 2009’’. amount of which shall occur within the initial the concurrent resolution on the budget for fis- two years. cal year 2010. f ‘‘(b) In addition to agreeing to and accepting DETAINEE PHOTOGRAPHIC RECORDS PROTECTION the amendments referred to in section 64 of this SMOKY MOUNTAINS NATIONAL Act relating to the use of proceeds from the sale SEC. 1305. (a) SHORT TITLE.—This section may PARK 75TH ANNIVERSARY be cited as the ‘‘Detainee Photographic Records of such gold, the United States Governor is au- Mr. UDALL of Colorado. Madam thorized, consistent with subsection (a), to take Protection Act of 2009’’. (b) DEFINITIONS.—In this section: President, I ask unanimous consent such actions as may be necessary, including (1) COVERED RECORD.—The term ‘‘covered that the Judiciary Committee be dis- those referred to in section 5(e) of this Act, to record’’ means any record— also use such proceeds for the purpose of assist- charged from further consideration of (A) that is a photograph that was taken be- S. Res. 137 and the Senate proceed to ing low-income countries. tween September 11, 2001 and January 22, 2009 ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE its immediate consideration. relating to the treatment of individuals engaged, The PRESIDING OFFICER. Without ARTICLES OF AGREEMENT OF THE captured, or detained after September 11, 2001, FUND. by the Armed Forces of the United States in op- objection, it is so ordered. The clerk ‘‘The United States Governor of the Fund may erations outside of the United States; and will report the resolution by title. agree to and accept the amendment to the Arti- (B) for which a certification by the Secretary The legislative clerk read as follows: cles of Agreement of the Fund as proposed in of Defense under subsection (c) is in effect. the resolution numbered 54–4 of the Board of A resolution (S. Res. 137) recognizing and (2) PHOTOGRAPH.—The term ‘‘photograph’’ Governors of the Fund which was approved by commending the people of the Great Smoky encompasses all photographic images, whether Mountains National Park on the 75th anni- such Board on October 22, 1997: Provided, That originals or copies, including still photographs, not more than one year after the acceptance of versary of the establishment of the park. negatives, digital images, films, video tapes, and There being no objection, the Senate such amendments to the Fund’s Articles of motion pictures. Agreement, the Secretary of the Treasury shall (c) CERTIFICATION.— proceeded to consider the resolution. submit a report to the Committee on Foreign Re- (1) IN GENERAL.—For any photograph de- Mr. UDALL of Colorado. I ask unani- lations and the Committee on Banking, Hous- scribed under subsection (b)(1)(A), the Secretary mous consent that the resolution be ing, and Urban Affairs of the Senate and the of Defense shall certify, if the Secretary of De- agreed to, the preamble be agreed to, Committee on Financial Services of the House of fense, in consultation with the Chairman of the and the motion to reconsider be laid Representatives analyzing Special Drawing Joint Chiefs of Staff, determines that the disclo- Rights, to include a discussion of how those upon the table. sure of that photograph would endanger— The PRESIDING OFFICER. Without countries that significantly use or acquire Spe- (A) citizens of the United States; or cial Drawing Rights in accordance with Article (B) members of the Armed Forces or employees objection, it is so ordered. XIX, Section 2(c), use or acquire them; the ex- of the United States Government deployed out- The resolution (S. Res. 137) was tent to which countries experiencing balance of side the United States. agreed to. payment difficulties exchange or use their Spe- (2) CERTIFICATION EXPIRATION.—A certifi- The preamble was agreed to. cial Drawing Rights to acquire reserve cur- cation submitted under paragraph (1) and a re- The resolution, with its preamble, rencies; and the manner in which those reserve newal of a certification submitted under para- reads as follows: currencies are acquired when utilizing Special graph (3) shall expire 3 years after the date on S. RES. 137 Drawing Rights.’’. which the certification or renewal, as the case SEC. 1303. (a) Not later than 30 days after en- may be, is submitted to the President. Whereas, in the 1920s, groups of citizens actment of this Act, the Secretary of the Treas- (3) CERTIFICATION RENEWAL.—The Secretary and officials in Western North Carolina and ury, in consultation with the Executive Director of Defense may submit to the President— Eastern Tennessee displayed enormous fore- of the World Bank and the Executive Board of (A) a renewal of a certification in accordance sight in recognizing the potential benefits of the International Monetary Fund (IMF), shall with paragraph (1) at any time; and a national park in the Southern Appalachian submit a report to the appropriate congressional (B) more than 1 renewal of a certification. Mountains; committees detailing the steps taken to coordi- (4) CERTIFICATION RENEWAL.—A timely notice Whereas the location of the park that be- nate the activities of the World Bank and the of the Secretary’s certification shall be provided came the Great Smoky Mountains National IMF to avoid duplication of missions and pro- to Congress. Park was selected from among the finest ex- grams, and steps taken by the Department of (d) NONDISCLOSURE OF DETAINEE RECORDS.— amples of the most scenic and intact moun- the Treasury and the IMF to increase the over- A covered record shall not be subject to— tain forests in the Southeastern United sight and accountability of IMF activities. (1) disclosure under section 552 of title 5, States; (b) For the purposes of this section, the ‘‘ap- United States Code (commonly referred to as the Whereas the creation of the Great Smoky propriate congressional committees’’ means the Freedom of Information Act); or Mountains National Park was the product of Committees on Appropriations, Banking, Hous- (2) disclosure under any proceeding under more than 2 decades of determined effort by ing, and Urban Affairs, and Foreign Relations that section. leaders of communities across Western North of the Senate, and the Committees on Appro- (e) Nothing in this section shall be construed Carolina and Eastern Tennessee; priations, Foreign Affairs, and Ways and Means to preclude the voluntary disclosure of a covered Whereas the State legislatures and Gov- of the House of Representatives. record. ernors of North Carolina and Tennessee exer- (c) In the next report to Congress on inter- (f) EFFECTIVE DATE.—This section shall take cised great vision in appropriating the fund- national economic and exchange rate policies, effect on the date of enactment of this Act and ing that was used, along with funding from the Secretary of the Treasury shall: (1) report apply to any photograph created before, on, or the Laura Spelman Rockefeller Memorial on ways in which the IMF’s surveillance func- after that date that is a covered record. Fund, to purchase more than 400,000 acres of tion under Article IV could be enhanced and SHORT TITLE private land that became part of the Great made more effective in terms of avoiding cur- SEC. 1306. This section may be cited as the Smoky Mountains National Park; rency manipulation; (2) report on the feasibility ‘‘OPEN FOIA Act of 2009’’. Whereas the citizens of communities sur- and usefulness of publishing the IMF’s internal SPECIFIC CITATIONS IN STATUTORY EXEMPTIONS rounding the Great Smoky Mountains Na- calculations of indicative exchange rates; and SEC. 1307. Section 552(b) of title 5, United tional Park generously contributed funding (3) provide recommendations on the steps that States Code, is amended by striking paragraph for land acquisition to bring the Great the IMF can take to promote global financial (3) and inserting the following: Smoky Mountains National Park into being;

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.031 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5981 Whereas more than 1,100 families and other or debate, and any statements relating RECOGNIZING FOUNDING OF property owners were called upon to sacrifice to the resolution be printed in the BREAD FOR THE WORLD their farms and homes for the benefit and en- RECORD. joyment of future generations that would The PRESIDING OFFICER. Without Mr. UDALL of Colorado. Madam visit the Great Smoky Mountains National objection, it is so ordered. President, I ask unanimous consent Park; The resolution (S. Res. 139) was that the Judiciary Committee be dis- Whereas the Great Smoky Mountains Na- agreed to. charged from further consideration and tional Park was established as a completed the Senate now proceed to S. Res. 157. park by the Act entitled ‘‘An Act to estab- The preamble was agreed to. lish a minimum area for the Great Smoky The resolution, with its preamble, The PRESIDING OFFICER. Without Mountains National Park, and for other pur- reads as follows: objection, it is so ordered. The clerk poses’’, approved June 15, 1934 (16 U.S.C. S. RES. 139 will report the resolution by title. 403g); Whereas in January 1947, the communist The legislative clerk read as follows: Whereas the Great Smoky Mountains Na- Democratic Bloc party seized control of the A resolution (S. Res. 157) recognizing Bread tional Park covers approximately 521,621 Polish Parliament in a rigged election or- acres of land in the States of Tennessee and chestrated by the Government of the Soviet for the World on the 35th anniversary of its North Carolina, making it the largest pro- Union; founding, for its faithful advocacy on behalf tected area in the Eastern United States; Whereas, from 1947 to 1952, the communist of poor and hungry people in our country and Whereas the Great Smoky Mountains Na- Government of Poland prosecuted, impris- around the world. tional Park provides sanctuary for the most oned, and executed many individuals who There being no objection, the Senate diverse flora and fauna of any national park fought as part of the wartime Underground proceeded to consider the resolution. in the temperate United States, and pre- Resistance, an organization that valiantly serves an unparalleled collection of historic supported the Allied struggle against Nazi Mr. UDALL of Colorado. Madam structures as a ‘‘time capsule’’ of Appa- Germany as part of the largest resistance President, I ask unanimous consent lachian culture during the 19th and early movement in occupied Europe; that the resolution be agreed to, the 20th centuries; Whereas in July 1952, the passage of a new preamble be agreed to, and the motion Whereas, on September 2, 1940, President constitution formally created the com- to reconsider be laid upon the table. Franklin D. Roosevelt dedicated the Great munist People’s Republic of Poland and out- The PRESIDING OFFICER. Without lawed any non-communist candidate from Smoky Mountains National Park; objection, it is so ordered. Whereas the Great Smoky Mountains Na- seeking office to represent the people of Po- tional Park has been the most popular na- land; The resolution (S. Res. 157) was tional park in the United States since it Whereas during the ensuing years of com- agreed to. opened, and attracts between 9,000,000 and munist rule, the people of Poland suffered se- The preamble was agreed to. vere hardships because of the communist-led 10,000,000 visitors each year, making it the The resolution, with its preamble, most visited of the 58 national parks in the government’s failure to provide for the basic United States; and economic needs of its people; reads as follows: Whereas visitors to the Great Smoky Whereas under communist rule, Polish in- S. RES. 157 Mountains National Park contribute more tellectuals, religious leaders, labor officials, Whereas Bread for the World, now under than $700,000,000 to the local economy each students, and reformers were imprisoned and the leadership of the Reverend David Beck- year, resulting in more than 14,000 jobs in exiled for speaking out against a succession mann, has grown in size and influence, and is North Carolina and Tennessee: Now, thereof increasingly corrupt, inefficient, and re- now the largest grassroots advocacy network pressive pro-Soviet puppets; fore, be it on hunger issues in the United States and on Whereas despite the harsh repression of the Resolved, That the Senate— behalf of impoverished people overseas; communist-led government and the great (1) commends the citizens of Western Whereas members of Bread for the World personal risk they faced, the Polish people North Carolina and Eastern Tennessee for believe that by addressing policies, pro- struggled for freedom by staging strikes, their vision and sacrifice; grams, and conditions that allow hunger and publishing underground newspapers, orga- (2) commends the people of the Great poverty to persist, they are providing help nizing street protests, and speaking out Smoky Mountains National Park and the and opportunity far beyond the communities against the economic and political failures National Park Service for 75 years of suc- in which they live; of the communist regime; cessful management and preservation of the Whereas Bread for the World has inspired Whereas in August 1980, in the wake of a park land; the engagement of hundreds of thousands of (3) congratulates the people of the Great shipyard workers’ strike in Gdansk, the Soli- darity Movement was created as the first individuals, more than 8,000 congregations, Smoky Mountains National Park on the 75th and more than 50 denominations across the anniversary of the park; and free trade union in the Soviet Bloc nations; Whereas ultimately 1 in 4 Polish citizens religious spectrum to seek justice for hungry (4) requests the Secretary of the Senate to and poor people by making our Nation’s laws transmit an enrolled copy of this resolution became members of the Solidarity movement, which served as the driving force for more fair and compassionate to people in for appropriate display to the headquarters Poland’s liberation from communist rule; need; of the Great Smoky Mountains National Whereas, on June 4, 1989, the Solidarity Whereas members of Bread for the World Park. Party secured an overwhelming victory over use hand-written letters and other personal- f the existing communist government in the ized forms of communication to convey to their legislators their moral concern for the COMMEMORATING THE END OF first open election in Poland since the end of World War II, marking the fall of pro-Soviet needs of mothers, children, small farmers, COMMUNIST RULE IN POLAND rule in Poland; and and other hungry and poor people; and Mr. UDALL of Colorado. Madam Whereas this victory inspired a succession Whereas Bread for the World has a strong of similarly peaceful transitions from com- record of success in working with Congress President, I ask unanimous consent to— that the Committee on Foreign Rela- munism to democracy in other former Soviet Bloc nations: Now, therefore, be it (1) strengthen our national nutrition pro- tions be discharged from further con- Resolved, That the Senate— grams; sideration of S. Res. 139 and the Senate (1) celebrates the 20th anniversary of the (2) establish and fund the Child Survival proceed to its immediate consider- end of communist rule in Poland; account that has helped reduce child mor- ation. (2) expresses its admiration for the people tality rates worldwide; The PRESIDING OFFICER. Without of Poland for their bravery and resolve in the (3) increase and improve the Nation’s pov- objection, it is so ordered. The clerk face of economic hardship and political op- erty-focused development assistance to help will report the resolution by title. pression under communist rule; developing countries in Africa and other un- (3) congratulates the people of Poland for derprivileged parts of the world; The legislative clerk read as follows: their accomplishments in the years since the (4) pass the Africa: Seeds of Hope Act of A resolution (S. Res. 139) commemorating end of pro-Soviet communist rule in building 1998 that redirected United States resources the 20th anniversary of the end of com- a free democracy, and for their contributions toward small-scale farmers and struggling munist rule in Poland. as international partners; rural communities in Africa; There being no objection, the Senate (4) expresses its appreciation for the close friendship between the Government of the (5) lead an effort to provide debt relief to proceeded to consider the resolution. the world’s poorest countries and tie debt re- Mr. UDALL of Colorado. I ask unani- United States and the Government of Po- land; and lief to poverty reduction; and mous consent that the resolution be (5) urges the Government of the United (6) establish an emergency grain reserve to agreed to, the preamble be agreed to, States to continue to seek new ways to en- improve the Nation’s response to humani- the motion to reconsider be laid upon hance its partnership with the Government tarian crises: Now, therefore, be it the table, with no intervening action of Poland. Resolved, That the Senate—

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.013 S02JNPT1 smartinez on PROD1PC64 with SENATE S5982 CONGRESSIONAL RECORD — SENATE June 2, 2009 (1) recognizes and commends Bread for the that all the needs of military depend- Americans everywhere to commit to World, on the 35th anniversary of its found- ent children and spouses are being met. helping military families and service- ing, for its encouragement of citizen engage- The life of a military family member members in any way we can, and to en- ment, its advocacy for poor and hungry peo- has never been an easy one, but in our sure that these strong men, women, ple, and its successes as a collective voice; and 8th year of war, families are facing and children are given the recognition, (2) challenges Bread for the World to con- even more hardships. appreciation, and support that they so tinue its work to address world hunger. Deployments are an undeniable truly deserve. f strain on families. While a service- Mr. MCCAIN. Madam President, it is member is away, spouses are often my privilege to support S. Res. 165, a AUTHORIZING PRINTING OF A forced into the role of a single parent— resolution encouraging the recognition COLLECTION OF THE RULES OF juggling employment, child care, and of 2009 as the ‘‘Year of the Military THE SENATE COMMITTEES household duties each and every day, Family.’’ I am honored to be an origi- Mr. UDALL of Colorado. Madam all the while living with the pressure of nal cosponsor of this resolution, along President, I ask unanimous consent having a family member deployed to a with my colleagues on the Committee that the Senate proceed to the imme- combat zone. Families are an integral on Armed Services, Senator LEVIN, diate consideration of S. Res. 166, subpart of the force, and stress on the Senator BEN NELSON and Senator mitted earlier today. force affects overall readiness. GRAHAM. The PRESIDING OFFICER. The Servicemembers will experience less Our Nation is honored by the brave clerk will report the resolution by stress in the field if they are assured men and women who selflessly risk title. their families are well taken care of their lives for our freedom, and by The legislative clerk read as follows: back home. And it is imperative that their families, who accept risks, both A resolution (S. Res. 166) to authorize families remain as resilient as possible known and unknown, in support of printing of a collection of the rules of the in order to provide a stable environ- their country and loved ones who committees of the Senate. ment for loved ones when they return serve. The programs and resources our There being no objection, the Senate home from those deployments. Fami- Nation provides must match the qual- proceeded to consider the resolution. lies are often the first line of defense ity of the service and sacrifice of mili- Mr. UDALL of Colorado. I ask unani- against posttraumatic stress and sui- tary families. That is why I and others mous consent the resolution be agreed cide, but may be experiencing similar fought so hard to include a special pro- to, the motion to reconsider be laid feelings themselves. We must ensure vision in the post-9/11 G.I. bill to allow upon the table with no intervening ac- that families and servicemembers have career service members the oppor- tion or debate, and any statements re- timely access to mental health re- tunity to share the educational bene- lated to the resolution be printed in sources and programs. We must make fits that they earn with their imme- the RECORD. every dependent aware of the resources diate family members. The PRESIDING OFFICER. Without available to them to assist in every- Many military families are distin- objection, it is so ordered. thing from finances to job placement guished by generations, who have The resolution (S. Res. 166) was to health care and counseling. served, from the American Revolution, agreed to, as follows: Thousands of military family mem- to the American Civil War, World bers have taken it upon themselves to Wars, Korea, Vietnam, the first gulf S. RES. 166 confront these challenges by volun- war and recent conflicts. The resolu- Resolved, That a collection of the rules of the committees of the Senate, together with teering to provide critical assistance tion before us today recognizes the related materials, be printed as a Senate during deployments to service- contributions and resilience of all mili- document, and that there be printed 300 addi- members, their spouses, and children, tary families, and especially those who tional copies of such document for the use of as well as giving vital support to fami- have endured multiple deployments, or the Committee on Rules and Administration. lies relocating to a new area. And the loss of a loved one who answered f sadly, many families have made the ul- the call to service and paid the ulti- timate sacrifice in the loss of a service- YEAR OF THE MILITARY FAMILY mate price in defense of our Nation. member who proudly defended our Na- SFC Kimberly Hazelgrove was serv- Mr. UDALL of Colorado. Madam tion. ing as an intelligence expert in the President, I ask unanimous consent the We in Congress have tried to do our U.S. Army when she received the news Senate proceed to the immediate con- part to help, and have made family on January 23, 2004, that her husband, sideration of S. Res. 165, submitted ear- support programs and initiatives a pri- Army CW2 Brian Hazelgrove, had died. lier today. ority. In recent bills we have called for: His helicopter crashed on its return The PRESIDING OFFICER. The the establishment of a Department of from a combat mission in northern clerk will report the resolution by Defense Military Family Readiness Iraq. On that tragic day, Kimberly title. Council; education, training, and tui- Hazelgrove became a survivor of an The legislative clerk read as follows: tion assistance to help spouses main- American hero. But, like so many A resolution (S. Res. 165) to encourage the tain careers; respite care for parents whose spouses have died as a con- recognition of 2009 as the ‘‘Year of the Mili- caring for children on their own due to sequence of their service to our Nation, tary Family.’’ deployments; authorized increased lev- she is also a hero in her own right. There being no objection, the Senate els of Impact Aid for military depend- Kimberly had to abandon her own proceeded to consider the resolution. ents’ education; and established and promising military career to care for Mr. LEVIN. Madam President, there supported the nationwide expansion of four young children. She struggled, are more than 1.8 million family mem- the Department’s Yellow Ribbon Re- with the help of family and friends, to bers of active duty servicemembers and integration Program which is aimed at start over—to transition to civilian an additional 1.1 million family mem- helping members and families of the life, to find employment in which to bers of reserve component members. Guard and Reserve. But there is still apply her military skills, and return to Every one of these families makes sac- more to do. school—and with courage and deter- rifices each and every day along with With President and Mrs. Obama plac- mination she succeeded. Today she bal- their servicemember and plays a very ing the support of our military families ances a new career with the needs of significant role in serving our country. among their top priorities, we must the children that she and Brian had Military families often face unique take this opportunity to renew our planned to raise, and has never aban- challenges and difficulties throughout commitment and express our deepest doned her selfless advocacy on behalf their loved one’s career, including fre- appreciation to military family mem- of survivors of the fallen. Kimberly quent relocations to bases across the bers who bravely serve this Nation Hazelgrove represents the essence of country and overseas as well as the alongside their servicemembers. It is service and sacrifice of military fami- various demands stemming from con- my hope that this Year of the Military lies, and I salute her. tinued deployments of members from Family inspires us, the Department of Not all military families are defined every service. The Nation must ensure Defense, the military Services, and only as the service member, a spouse,

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.015 S02JNPT1 smartinez on PROD1PC64 with SENATE June 2, 2009 CONGRESSIONAL RECORD — SENATE S5983 and children. Many of the young men tary Academy. ‘‘It’s not unusual,’’ Whereas military families provide mem- and women serving our country are un- Mary says, ‘‘for kids to go into the bers of the Armed Forces with the strength married and identify as a family with family business.’’ and emotional support that is needed from their parents and siblings. My friend All of those whom I have described the home front for members preparing to deploy, who are deployed, or who are returning 1LT Andrew Kinard graduated from the and their families, live the values of from deployment; Naval Academy in 2005 and chose to military service, and enrich us all. Whereas some military families have given lead Marines in Iraq. Andrew deployed They volunteer and advocate on behalf the ultimate sacrifice in the loss of a prin- as a platoon leader with the Second of causes greater than their own. They cipal family member in defense of the United Marine Division in support of Oper- support one another during challenging States; and ation Iraqi Freedom in September 2006. times, and find that even in difficulty Whereas 2009 would be an appropriate year He was gravely wounded by an IED at- they are bound more closely together. to designate as the ‘‘Year of the Military tack while leading a security patrol in I rise in support of the resolution en- Family’’: Now, therefore be it Al Anbar Province. His father Harry Resolved by the Senate, That the Senate— couraging the recognition of 2009 as the (1) expresses its deepest appreciation to the immediately left his surgical practice ‘‘Year of the Military Family.’’ I salute families of members of the Armed Forces so that he could buoy Andrew’s spirit all military families, and it is to their who serve, or have served, in defense of the through dozens of surgeries that fol- service that I dedicate my own. United States; lowed. His mother, Mary, remained Mr. UDALL of Colorado. I ask unani- (2) recognizes the contributions that mili- with Andrew for 5 more months after mous consent the resolution be agreed tary families make, and encourages the peo- her husband returned to his medical to, the preamble be agreed to, the mo- ple of the United States to share their appre- practice. The separation that Andrew’s tions to reconsider be laid upon the ciation for the sacrifices military families give on behalf of the United States; and parents and siblings endured represents table, with no intervening action or de- a family’s selfless sacrifice, to support (3) encourages the people of the United bate, and any statements related to the States and the Department of Defense to ob- Andrew and his quality of life even as resolution be printed in the RECORD. serve the ‘‘Year of Military Family’’ with ap- he faced many surgeries and grueling The PRESIDING OFFICER. Without propriate ceremonies and activities. physical therapy. Andrew Kinard is objection, it is so ordered. f now a retired marine and will enter The resolution (S. Res. 165) was DISCHARGE AND REFERRAL—S. Harvard Law School in the fall. The agreed to. 1007 Kinard family represents the unifying, The preamble was agreed to. supportive force of a military family The resolution, with its preamble, Mr. UDALL of Colorado. Madam that helps a service member survive reads as follows: President, I ask unanimous consent the most grievous wounds of war, and S. RES. 165 that the bill S. 1007 be discharged from then get back to the important work of Whereas there are more than 1.8 million the Committee on Banking, Housing, citizenship. I salute them. family members of regular component mem- and Urban Affairs and it be referred to MAJ Brian Love is a Green Beret. His bers of the Armed Forces and an additional the Committee on Finance. family accompanied him to assignment 1.1 million family members of reserve com- The PRESIDING OFFICER. Without in Germany where, in 2004, their son ponent members; objection, it is so ordered. Patrick was diagnosed with autism. Whereas slightly more than half of all f Today Brian and his wife Naomi apply members of the regular and reserve compo- the unique problem solving skills of nents are married, and just over 40 percent of ORDERS FOR WEDNESDAY, JUNE 3, military special forces to the daily military spouses are 30 years or younger and 2009 challenge of meeting Patrick’s complex 60 percent of military spouses are under 36 Mr. UDALL of Colorado. Madam years of age; needs—a challenge compounded by the Whereas there are nearly 1.2 million chil- President, I ask unanimous consent rigors of a career as a military leader, dren between the ages of birth and 23 years that when the Senate completes its and the uncertain limitations of Fed- who are dependents of regular component business today, it adjourn until 9:30 eral, State and local programs. Major members, and there are over 713,000 children a.m., tomorrow, Wednesday, June 3; Love has deployed to Iraq twice since between such ages who are dependents of re- that following the prayer and pledge, 2005. He believes that he is a better serve component members; the Journal of proceedings be approved leader—that his family relationships Whereas the largest group of minor chil- to date, the morning hour be deemed are stronger—for having seen the world dren of regular component members consist expired, the time for the two leaders be of children between the ages of birth and 5 through the eyes of a child with special years, while the largest group of minor chil- reserved for their use later in the day, needs. Brian is now preparing to as- dren of reserve component members consist and the Senate proceed to a period of sume command of an Army special of children between the ages of 6 and 14 morning business for 1 hour, with the forces unit and faces the possibility of years; Senators permitted to speak for up to future deployments. His service, and Whereas the needs, resources, and chal- 10 minutes each, with the time equally that of his wife Naomi, honors each of lenges confronting a military family, par- divided and controlled between the two us. Because of their service, and thou- ticularly when a member of the family has leaders or their designees, with the ma- sands like them, we can all view our been deployed, vastly differ between younger jority controlling the first half and the age children and children who are older; victories differently. As an emblem of Whereas the United States recognizes that Republicans controlling the second the dedicated service of military fami- military families are also serving their coun- half; that following morning business, lies and to their children, I salute try, and the United States must ensure that the Senate resume consideration of the them. all the needs of military dependent children motion to proceed to Calendar No. 47, Finally, Mary Scott modestly asserts are being met, for children of members of H.R. 1256, the Family Smoking Preven- that hers is a ‘‘normal military fam- both the regular and reserve components; tion and Control Act, and that time ily.’’ Her father was killed in 1972 in Whereas military families often face during any adjournment, recess or pe- Vietnam; her husband served for 30 unique challenges and difficulties that are riod of morning business count years in the U.S. Army; each one of inherent to military life, including long sep- arations from loved ones, the repetitive de- postcloture. their six children serves their nation in mands of frequent deployments, and frequent The PRESIDING OFFICER. Without the military today. Kate is an Army uprooting of community ties resulting from objection, it is so ordered. captain and lawyer and now serves in moves to bases across the country and over- f Iraq; Karoline, an Air Force captain seas; and public affairs officer; Andy, an Whereas thousands of military family PROGRAM Army captain and lawyer who has also members have taken on volunteer respon- Mr. UDALL of Colorado. Madam deployed to Iraq; 1LT Kerney Scott pi- sibilities to assist units and members of the President, if we are required to run the lots an Army Blackhawk in Korea; 2LT Armed Forces who have been deployed by entire 30 hours of postcloture debate supporting family readiness groups, helping Alec Scott is a newly commissioned of- military spouses meet the demands of a sin- time, we will not be able to turn to ficer in the Army Chaplain Corps, and gle parent during a deployment, or providing consideration of the FDA tobacco bill Cadet Adam Scott, followed his fam- a shoulder to cry on or the comfort of under- until approximately 5:20 p.m. tomor- ily’s well worn path to the U.S. Mili- standing; row. However, we hope to yield back a

VerDate Nov 24 2008 01:28 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A02JN6.025 S02JNPT1 smartinez on PROD1PC64 with SENATE S5984 CONGRESSIONAL RECORD — SENATE June 2, 2009 portion of that time so we can begin the campaign, because he was in my legislation is also going to try to put a the legislative process on the bill after State campaigning. He would break out bead on consumer safety by requiring lunch. Once we are on the bill, Senator that pack of Nicorette chewing gum. full disclosure of the product ingredi- DODD will offer the substitute amend- He would go to work on that chewing ents—that would have to be disclosed ment and then the bill will be open to gum. And more power and more credit to the Food and Drug Administration— further amendments. to the President for breaking this and for the FDA to mandate the elimi- habit. It is tough. f nation of certain ingredients and addi- Here is what is sad. Nearly 90 percent tives that are going to be put out there ORDER FOR ADJOURNMENT of smokers began as children, and they for consumers. This bill is going to try Mr. UDALL of Colorado. If there is got addicted by the time they were to make sure we get adequate and ac- no further business to come before the adults. It is estimated that 3,500 chil- curate information out to the public by Senate, I ask unanimous consent it ad- dren try cigarettes for the first time giving the Food and Drug Administra- journ under the previous order, fol- each day, and each day 1,000 children tion the authority to restrict tobacco become regular smokers. It would real- lowing the remarks of Senator BILL marketing, to require stronger warning ly be something if we could change NELSON. labels and to regulate the manufactur- that. Look at what it would save us in The PRESIDING OFFICER. Without ers’ claims about certain products hav- health care costs. We are getting ready objection, it is so ordered. ing fewer health risks. to mark up in this month, in the Fi- Mr. UDALL of Colorado. Madam Tobacco use costs us billions of dol- nance Committee and in the HELP President, I suggest the absence of a lars and hundreds of thousands of lives. Committee, the big health reform quorum. When are we going to learn? Now is the package. Think how much money we The PRESIDING OFFICER. The time for us to step up and try to help could save if we didn’t have all of these clerk will call the roll. protect the public from dangerous deaths because of tobacco usage. And The legislative clerk proceeded to products and the very subtle tactics of course, the health care cost result- call the roll. used to get young people addicted to ing from tobacco use amounts to $96 Mr. NELSON of Florida. I ask unani- tobacco. billion a year, more than $54 billion of mous consent that the order for the I sure hope we are going to be able to which is borne by the Federal Govern- quorum call be rescinded. pass this bill and pass it fairly quickly ment. We can see that would be stag- The PRESIDING OFFICER (Mr. this week. gering, if we had a magic wand and we UDALL of Colorado). Without objection, I yield the floor. could stop this health care cost to the it is so ordered. country. No wonder our health care f f costs are so high, if you look at that ADJOURNMENT UNTIL 9:30 A.M. TOBACCO CONTROL and the addiction to alcohol and all of TOMORROW the health care costs. Mr. NELSON of Florida. Mr. Presi- Yet tobacco products are largely an The PRESIDING OFFICER. Under dent, I rise to speak on the tobacco unregulated product. It basically is ex- the previous order, the Senate stands control act. It has been said over and empt from requirements to disclose adjourned until 9:30 a.m. tomorrow. over—and I want to reassert—that to- product ingredients and exempt from Thereupon, the Senate, at 7:15 p.m., bacco use is the leading preventable undergoing product testing. On top of adjourned until Wednesday, June 3, cause of death in the United States. It that, manufacturers are able to adver- 2009, at 9:30 a.m. kills more than 400,000 Americans each tise and market products to youth f year. That is staggering. We think of without the necessary restrictions. At all the deaths by automobiles. Here to- least we have stopped magazine adver- NOMINATIONS bacco is killing close to half a million tisements and TV advertisements. But Executive nominations received by people a year. An additional 50,000 a have my colleagues seen this new kind the Senate: year are dying because of exposure to of candy that is being marketed that is DEPARTMENT OF DEFENSE secondhand smoke. basically to addict children to nico- DANIEL GINSBERG, OF THE DISTRICT OF COLUMBIA, TO I will never forget, when I was a kid, tine? When are we going to put an end BE AN ASSISTANT SECRETARY OF THE AIR FORCE, VICE flying on airplanes. It was back in the to this? CRAIG W. DUEHRING. days that people smoked on airplanes. There are a bunch of us who are co- DEPARTMENT OF STATE I would come off of the airplane, and I sponsoring this bill to give the Food LOUIS B. SUSMAN, OF ILLINOIS, TO BE AMBASSADOR would smell the sleeve of my coat, and and Drug Administration the authority EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE UNITED KINGDOM it would be total tobacco smoke. to regulate the manufacturing, mar- OF GREAT BRITAIN AND NORTHERN IRELAND. Breaking it down for my State of keting, and sale of tobacco products. f Florida: 28,000 people die each year in This legislation would try to restrict my State alone from tobacco-related youth smoking by restricting access to CONFIRMATION illnesses. Despite the risk involved tobacco products and prohibit mar- Executive nomination confirmed by with tobacco consumption, 20 percent keting campaigns that specifically tar- the Senate, Tuesday, June 2, 2009: of Americans—that is almost 40 million get children. If this is such a bad thing people—still smoke cigarettes. It is and a consequence on the financial con- ENVIRONMENTAL PROTECTION AGENCY tough to break the habit. Fortunately, dition of the country, isn’t that some- REGINA MCCARTHY, OF MASSACHUSETTS, TO BE AN ASSISTANT ADMINISTRATOR OF THE ENVIRONMENTAL I have never been a smoker, but I un- thing we ought to stop, targeting chil- PROTECTION AGENCY. derstand people who are. One of them dren to get them hooked? THE ABOVE NOMINATION WAS APPROVED SUBJECT TO is our President. It is tough to break What we find is, so many adults were THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY the habit. I was with him a lot during hooked when they were children. This CONSTITUTED COMMITTEE OF THE SENATE.

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ANGELICA JACOBO HONORING EVERETT JOHNSON, president of the Rotary Club in Turlock, a M.D. member of the Church Council for Nazareth HON. ED PERLMUTTER Lutheran Church. He has also served on the OF COLORADO HON. GEORGE RADANOVICH Board of Trustees of Turlock High School for IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA thirteen years and was a Board Member for Tuesday, June 2, 2009 IN THE HOUSE OF REPRESENTATIVES the Turlock High School Auditorium Restora- tion Committee, and the Commonwealth Club Mr. PERLMUTTER. Madam Speaker, I rise Tuesday, June 2, 2009 of San Francisco. today to recognize and applaud Angelica Mr. RADANOVICH. Madam Speaker, I rise Madam Speaker, I rise today to congratulate Jacobo who has received the Arvada Wheat today to commend and congratulate Dr. Ever- Dr. Everett Johnson upon being named the Ridge Service Ambassadors for Youth award. ett Johnson upon being honored with the 2009 2009 John Darroch Memorial Award/Out- Angelica Jacobo is a senior at Jefferson High John Darroch Memorial Award/Outstanding standing Physician Award. I invite my col- School and received this award because her Physician Award, for his service to the Turlock leagues to join me in wishing Dr. Johnson determination and hard work have allowed her community for over 50 years. Dr. Johnson will many years of continued success. to overcome adversities. be honored at the Stanislaus Medical Society, f The dedication demonstrated by Angelica Annual Membership meeting, on Thursday, Jacobo is exemplary of the type of achieve- May 28, 2009, at the Del Rio Country Club in HONORING THE 200TH ANNIVER- ment that can be attained with hard work and Modesto, California. SARY OF THE FOUNDING OF perseverance. It is essential that students at Everett Johnson was born and raised in WHITE PLAINS all levels strive to make the most of their edu- Turlock. He graduated from Turlock High cation and develop a work ethic that will guide School, and began his medical career as a HON. BART GORDON them for the rest of their lives. medical corpsman. He attended medical OF TENNESSEE I extend my deepest congratulations once school from 1944 to 1949 while serving in the IN THE HOUSE OF REPRESENTATIVES again to Angelica Jacobo for winning the Ar- United States Naval Reserve. Dr. Johnson vada Wheat Ridge Service Ambassadors for continued to serve our nation by completing Tuesday, June 2, 2009 Youth award. I have no doubt she will exhibit an internship and two years of service in the Mr. GORDON of Tennessee. Madam the same dedication she has shown in her United States Air Force. Dr. Johnson earned Speaker, I rise today to recognize the 200th academic career to her future accomplish- his Bachelor of Arts degree from the Univer- anniversary of the founding of White Plains, ments. sity of California, Berkley. He earned a second Tennessee. In recognizing the anniversary of f Bachelor of Arts degree from the University of White Plains, we are also recognizing the cre- RECOGNIZING PATRICIA NINO Wisconsin in Madison, where he also attended ation of Putnam County. medical school and earned his M.D. In 1949, On Christmas Day 1809, Lt. William Pen- he interned at the University of Oregon’s Hos- nington Quarles, a Revolutionary War hero, HON. MIKE QUIGLEY pitals and Clinics in and around the Portland, and his family, which included his wife, Ann OF ILLINOIS Oregon area. Dr. Johnson returned to Wis- Hawes Quarles, 10 children, four sons-in-law; IN THE HOUSE OF REPRESENTATIVES consin to complete his residency program and 30 slaves, reached their new home in Tuesday, June 2, 2009 where he focused on Internal Medicine. White Plains. Having traveled down Walton Mr. QUIGLEY. Madam Speaker, I rise today In 1954, with military service and medical Road from Bedford County, Virginia, Lt. in recognition of Patricia Nino, a member of school under his belt, Dr. Johnson returned to Quarles and his family built a log cabin on my staff. Next Friday, May 29th is Patricia’s Turlock and opened a private practice of inter- land in White Plains, some of which was pur- last day as the Staff Assistant in our office. nal medicine. After six years, Dr. Johnson en- chased from Daniel Alexander. Patricia has been serving the people of the tered into a partnership. The partnership The Quarles family expanded an inn built by Fifth Congressional District of Illinois since lasted until 1970, when he decided to turn to Mr. Alexander and added a general store, 1997. education and become an Associate Professor blacksmith shop, post office and farm. Andrew Patricia was born in Chicago, Illinois, and at Stanford University. Dr. Johnson returned to Jackson and other dignitaries of the time has raised her family here. Her working expe- private practice in 1973 and maintained his stayed at the inn on their way to Washington, rience spans from the Chicago Board of Edu- practice through 2006. While maintaining his D.C. and during trips to other cities east and cation, City of Chicago-Purchasing Depart- own practice, he also worked for Stanislaus west. ment and working at the Chicago Park District County Hospital, Emanuel Medical Center and Lt. Quarles began to practice law in what until her retirement. She has been working in Memorial Hospital of Stanislaus County. was then White County and was appointed the Fifth Congressional District Office having Throughout his career, Dr. Johnson has judge. His court convened in the blacksmith joined my predecessor Rahm Emanuel’s staff been involved with both the medical commu- shop. Lt. Quarles was also a Mason, in addi- in 2003. nity and the greater community. He is an Hon- tion to serving in the White County Militia. He Patricia has been a cornerstone for the Fifth orary Member of the Medical Fraternity, Alpha was the postmaster of the White Plains Post Congressional District office for over a dec- Omega Alpha; he is a past president of the Office until his untimely death in 1813 when ade, and her cheerful disposition and dedica- Stanislaus County Medical Society and he he was shot a few miles from his home while tion to service will be sorely missed. Patricia served as the Hospital Examiner for the Cali- returning from a meeting in Sparta. has always shown determination and heart in fornia Medical Association and the Joint Com- Between 1813 and 1842, the population of everything she’s done, including raising two mission for Hospital Accreditation in the United the area surrounding White Plains increased sons, caring for her ill husband, and volun- States from 1965 until 2000. Dr. Johnson also substantially. Residents successfully petitioned teering in the community. served as the Chairman of the Medical Advi- the Tennessee state government to create a Patricia’s family has always been a priority sory Committee for the Medic Alert Founda- new county—Putnam County—from areas of in her life. Her two children, John and Frank, tion, where he also served on the Board of Di- White, Overton and Jackson counties. are the proud parents of her grandchildren, rectors for twenty-five years and as a consult- White Plains became the trade center of Collette, Dionna, Brittany and Lexie. Patricia is ant for eleven years. He is involved with the Putnam County, where elections and public awaiting the birth of her first great-grandchild American Medical Association, American Col- speeches were held. Andrew Jackson and in August. lege of Professors and is a past member of James K. Polk spoke there during their re- I wish Patricia all the happiness in the future the California Society of Internal Medicine and spective presidential campaigns. and thank her for her service to the people of the American Society of Internal Medicine. The log cabin that Lt. Quarles built after ar- Illinois’ Fifth Congressional District. Outside of medicine, Dr. Johnson is a past riving in White Plains in 1809 stayed in his

∑ 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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Comprised of IN THE HOUSE OF REPRESENTATIVES the cities of Bonner Springs, Edwardsville and June 6, 2009 marks the 200th anniversary Kansas City, Kansas, the entire county has Tuesday, June 2, 2009 of the founding of White Plains, and what embraced a unified vision for the future. This would later become Putnam County. Mr. MOORE of Kansas. Madam Speaker, I vision has produced a monumental trans- rise today to pay tribute to the upcoming 150th formation over the last several years with the f anniversary of Wyandotte County, Kansas, creation of the Kansas City metro area’s pre- which is one of three counties composing the mier tourist and retail destination including the HONORING JAMES T. PHILLIPS Third Congressional District of Kansas. On Kansas Speedway, Nebraska Furniture Mart, June 6th and 7th, the Wyandotte County His- Cabela’s, the Legends at Village West, and torical Museum will commemorate Wyandotte Schlitterbahn Vacation Village. The explosion HON. FRANK PALLONE, JR. County’s 150th anniversary, including activities of development in the western portion of the featuring re-enactors, speakers, dancers and OF NEW JERSEY City of Kansas City, Kansas, is also paving music. the way for redevelopment opportunities in the IN THE HOUSE OF REPRESENTATIVES In the territorial period of Kansas, previous eastern portion of the city. to 1859, the area that is embraced in Wyan- Tuesday, June 2, 2009 Madam Speaker, I know that all members of dotte County was a part of Leavenworth and this House join with me in celebrating the Mr. PALLONE. Madam Speaker, I rise today Johnson counties. Thus, with the domination 150th anniversary of Wyandotte County, Kan- to honor the accomplishments of Mayor of the ‘‘Leavenworth crowd,’’ or of the Missou- sas. I am proud to represent it in the U.S. rians who came over into Kansas territory, the James T. Phillips, who has committed the past House of Representatives. citizens at the mouth of the Kansas River had five years of his life to being the mayor of the f little influence over the affairs of government Township of Old Bridge. Under his leadership, or of politics. The first election in the county, RECOGNIZING LORDS AND LADIES Old Bridge has thrived and become a vibrant aside from the elections held by the Indians OF FAIRFAX home to many New Jersey citizens. On May themselves before the organization of the terri- 3, 2009 his accomplishments earned him the tory, was in June 1857 to select a delegate to HON. GERALD E. CONNOLLY Hubert H. Humphrey Friend of Labor Award, the Lecompton constitutional convention. The OF VIRGINIA presented by the Middlesex County AFL–CIO. polls were guarded by soldiers and the votes IN THE HOUSE OF REPRESENTATIVES Every year since 1983, the Middlesex Coun- were deposited in a candle box, which was Tuesday, June 2, 2009 afterward found buried in a woodpile at ty Central Labor Council has recognized a Mr. CONNOLLY of Virginia. Madam Speak- Lecompton and became historically infamous. prominent individual who has followed the exer, I rise today to recognize a dedicated group In October of the same year the county came ample of U.S. Vice President Hubert H. Hum- of men and women in Northern Virginia. For into notice again, politically, due to the stuffing phrey’s dedication to human and civil rights. the past twenty-five years, each member of of a ballot box and other frauds, perpetrated at As a leader and key proponent of labor unions the Fairfax County Board of Supervisors has the Delaware crossing, eight miles west of and their interests, Humphrey furthered the selected two people from their district who Wyandotte. It is said that many of the names rights of laborers across the nation. Mayor have demonstrated an exceptional commit- found on the poll list could also be found in a Phillips has followed in his footsteps as a ment to our community. Since the program’s New York City directory, which some enter- inception in 1984, more than 470 individuals strong advocate for labor who has furthered prising pro-slavery advocate happened to have been recognized as a Lord or Lady Fair- the cause of labor unions and civil rights. have in his possession at that time. fax by their representative on the Board of Su- The Honorable James T. Phillips has be- The political history of Wyandotte County, pervisors. however, began with its organization under an come a valuable leader and advocate for the Individuals recognized as Lords and Ladies act passed by the legislature of January 1859, state of New Jersey. The mayor began his ca- of Fairfax have made significant contributions the same legislature that authorized the Wyan- reer in 1995 as the Middlesex County Treas- in their communities. This year, the Fairfax dotte constitutional convention. The act, urer, as well as serving on the Middlesex County Board of Supervisors recognized out- signed by Governor Medeary on January 29, County Board of Chosen Freeholders. His in- standing individuals who have made tremen- 1859, cut off one hundred and fifty-three volvement with the County Board led to the dous impacts through their support of our pub- square miles from the southeast corner of acquisition of a 2,500 acre plot of land des- lic schools, parks, youth sports leagues, arts Leavenworth County and the north side of ignated for public open space. In addition to community, public safety providers, and Johnson County. The Wyandotte Constitu- acquiring this land for open space he created human service programs. It is nearly impos- tional Convention was a key event in Kansas the Middlesex Co. Old Bridge Waterfront Park, sible to fully describe the diversity of accom- history. From this convention, Wyandotte which maintains a healthy and protected complishments by the honorees. Their efforts con- County was created, Kansas became a state tribute greatly to the quality of life for the resi- munity forest. that was free from slavery, and women were dents of Fairfax County and should be com- The influence of Mayor Phillip’s hard work given some rights in voting and holding prop- mended. and his active presence in the area extends erty. The county is named after the Wyandot The following individuals were recognized throughout the Township of Old Bridge. Mayor (a.k.a. Wyandott or Wyandotte) Indians. They as Lord and Lady Fairfax Honorees for 2009. Phillips is a member of the Old Bridge Town- were called the Huron by the French in Can- Each of these individuals was selected as a ship Housing and Redevelopment Agency, ada, but they called themselves Wendat. They result of his or her outstanding volunteer serv- which has founded two important residences: were distantly related to the Iroquis, with ice, heroism, or other special achievements. the Maher Manor and the Chuck Costello whom they sometimes fought. They had These individuals have earned our praise and Home. The Maher Manor is a 100-unit com- hoped to hold off movement by white Ameri- appreciation. plex that provides senior citizens with health, cans into their territory and had hoped to Chairman of the Board—At Large: Lady wellness and recreation activities. The Chuck make the Ohio River the border between the Corazon Sandoval Foley and Lord William Costello Home offers independent living for United States and Canada. One branch of the ‘‘Bill’’ Hanks seniors with more than 60 units of housing. Wyandot moved to the area that is now the Braddock District: Lady Pamela K. Barrett state of Ohio. They generally took the course and Lord Thomas Frenzinger Madam Speaker, I sincerely hope that my of assimilation into Anglo-American society. Dranesville District: Lady Lisa Lombardozzi colleagues will join me in congratulating Mayor Many of them embraced Christianity under the and Lord Vance Zavela Phillips on this achievement and thanking him influence of missionaries. They were trans- Hunter Mill District: Lady Joan Dempsey for his service to the community. His accom- ported to the current area of Wyandotte Coun- and Lord Howard Springsteen plishments will continue to benefit and inspire ty in 1843, where they set up a community Lee District: Lady Michele Menapace and my constituents and future generations. and worked in cooperation with Anglo settlers. Lord Doug Koelemay

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K02JN8.023 E02JNPT1 jbell on PROD1PC69 with REMARKS June 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1269 Mason District: Lady Suzanne Holland and post where practical to bring our troops a taste the city’s public schools—Strong, Fair Haven, Lord Kevin Holland of Americana. Since then AAFES has ex- and Wilbur Cross High School—and the son Mt.Vernon District: Lady Christine Morin and panded to over 3,100 facilities worldwide. The of Matthew and Celeste Proto, both active in Lord Gilbert McCutcheon growth and success of this exchange service the political life of our community at the same Providence District: Lady Lola Quintela and is due in large part to the numerous employ- time as my own parents. Like many of the Lord G. Ray Worley ees, now totaling over 43,000 associates, children of immigrants—Richard’s mother was Springfield District: Lady Leslie Carlin and dedicated to serving and supporting our serv- born in Italy and immigrated with her parents Lord Erik Hawkins ice members and their families. For Oper- in 1916 at six years old, and both his grand- Sully District: Lady Patrica ‘‘Trish’’ Strat and ations Enduring Freedom and Iraqi Freedom, parents were immigrants from Italy as well— Lord David L. Lacey over 450 associates annually volunteered for his parents encouraged education, broadly de- Madam Speaker, I ask my colleagues to join deployment, choosing to follow our troops fined, and a commitment to public service as me in expressing gratitude to these men and wherever they may go and proudly upholding a way of ensuring more fairness in the Nation women who volunteer their time and energy the AAFES motto of ‘‘We go where you go!’’ they now called home. Richard was educated on behalf of our community. The selfless com- Their dedication, courage, and patriotism are at Fairfield University, where he received his mitment of these individuals provides commendable and resonate deeply within bachelor’s degree in mathematics in 1962 and inumerable benefits to Northern Virginia and each of us, as we stand united in our support at Boston College, where he received his serves to strengthen and enrich our commu- for our soldiers and AAFES. master’s degree in mathematics in 1964. He nities. Madam Speaker, I ask my esteemed col- then joined the NSA. f leagues to join me in congratulating AAFES His contribution to the Nation—he served at RECOGNIZING MARILYNN RUBIO for 114 years of exemplary service and in expressing our heartfelt gratitude for their un- NSA for thirty-five years; its Director of Re- wavering support of our armed forces. search from 1994 to 1999—was described by HON. MIKE QUIGLEY the current Director of Research, Jim Schatz, f OF ILLINOIS in these terms during the ceremony: Richard IN THE HOUSE OF REPRESENTATIVES DARBY HIEB was ‘‘Universally regarded as one of the Tuesday, June 2, 2009 Agency’s most visionary thinkers. He influ- HON. ED PERLMUTTER enced NSA unmatched by anyone else in re- Mr. QUIGLEY. Madam Speaker, I rise today cent history . . . Nearly twenty years ago, in recognition of Marilynn Rubio, a member of OF COLORADO when large scale networking was still in its in- my staff. Friday, May 29, was Marilynn’s last IN THE HOUSE OF REPRESENTATIVES fancy, Richard anticipated the emergence of day as the Congressional Aide in our office. Tuesday, June 2, 2009 cyberspace as a battleground for national de- Marilynn has been serving the people of the Il- fense, and committed himself to ensuring NSA linois Fifth Congressional District with distinc- Mr. PERLMUTTER. Madam Speaker, I rise was prepared. . . . [His] life was a celebration tion since 2007, and deserves our whole- today to recognize and applaud Darby Hieb of intellectual power dedicated to the service hearted thanks for her efforts. who has received the Arvada Wheat Ridge After graduating from DePaul University in Service Ambassadors for Youth award. Darby of his country. He was an exemplary American 2007, Marilynn went to work for my prede- Hieb is an 8th grader at Drake Middle School . . . NSA and the Nation owe him a debt of cessor, Rahm Emanuel, beginning as an in- and received this award because her deter- gratitude.’’ Senator BARBARA MIKULSKI (Mary- tern. After spending a few months working for mination and hard work have allowed her to land), in her capacity as a member of the Sen- Emily’s List, Marilynn returned to Congress- overcome adversities. ate Select Committee on Intelligence, in a let- man Emanuel’s office in April 2008, working in The dedication demonstrated by Darby Hieb ter following Richard’s death, wrote that ‘‘By the District Office and the Washington Office is exemplary of the type of achievement that any definition of the words, Mr. Proto was a as a Congressional Aide. can be attained with hard work and persever- warfighter and a patriot. He set high standards Marilynn has been extremely helpful to me ance. It is essential that students at all levels of performance at NSA and inspired others to as I’ve begun my time in Congress. I have strive to make the most of their education and conform to his expectations. He dedicated his certainly benefited from her experience han- develop a work ethic that will guide them for life to the security of this Nation and has left dling casework for Spanish-speaking constitu- the rest of their lives. a contribution that will endure for decades.’’ ents, managing the Fifth Congressional District I extend my deepest congratulations once During his career, Richard received the Presi- of Illinois office in the interim period, and as- again to Darby Hieb for winning the Arvada dential Rank Award for Distinguished Service sisting with travel, records and logistics for our Wheat Ridge Service Ambassadors for Youth and the National Intelligence Distinguished new office. award. I have no doubt she will exhibit the Service Medal. Since his retirement in 1999, I would like to wish Marilynn the best of luck same dedication she has shown in her aca- he remained as an adviser to the intelligence in her future endeavors, whether it be teaching demic career to her future accomplishments. community, the national laboratories, and the English to students in Brazil, attending law f Institute for Defense Analysis at Princeton, until his death. school, or any other adventure. I know that TRIBUTE TO RICHARD PROTO she will find success in whatever path she Richard’s family was present and partici- chooses, and I thank her for her service to the pated in the ceremony, including his brother, people of the Illinois Fifth Congressional Dis- HON. ROSA L. DeLAURO Neil Proto, also a New Haven public school trict. OF CONNECTICUT graduate and now a lawyer in Washington, f IN THE HOUSE OF REPRESENTATIVES D.C. and a professor of public policy at Tuesday, June 2, 2009 Georgetown University, and his sister, Diana IN CELEBRATION OF THE ARMY Proto Avino, an educator and mathematics AND AIR FORCE EXCHANGE Ms. DELAURO. Madam Speaker, it is with consultant in the public school system in Clin- SERVICE’S 114TH ANNIVERSARY special and personal gratification that I intro- ton, Connecticut, and formerly a nationally-rec- AND DEPLOYEE APPRECIATION duce into the CONGRESSIONAL RECORD for the ognized teacher of the year. Richard had been WEEK, JULY 19, 2009–JULY 25, 2009 Nation and the people of my District, especially in my home town of New Haven, Con- raised in New Haven among twenty-six cous- HON. PETE SESSIONS necticut, the enormously gratifying and impor- ins, four of whom made the journey from Con- tant tribute that was paid to Richard Proto on necticut. Richard was truly a product of his OF TEXAS May 18, 2009, by the United States National community and his Italian-American heritage. IN THE HOUSE OF REPRESENTATIVES Security Agency. who died last July after a He was a member of the famed 1958 Wilbur Tuesday, June 2, 2009 hard-fought bout with cancer, was recognized Cross team that won the New England High Mr. SESSIONS. Madam Speaker, I rise by the NSA with the naming of the ‘‘Richard School basketball championship in the Boston today to recognize the Army and Air Force Ex- C. Proto Symposium Center’’ within the NSA Garden that captured the soul of our commu- change Service (AAFES) and 114 years of compound at Fort Meade, Maryland. It is only nity when I was a teenager. Mr. Proto also dedicated service to our service men and the second time the NSA has formally named was the founder of the Antonio Gatto Lodge of women. one of its facilities. the Sons of Italy in Laurel, Maryland. Founded on August 25, 1895, the War De- Richard was born and raised in the Fair I am personally gratified to recognize Rich- partment envisioned an exchange at every Haven section of New Haven, a graduate of ard; a wonderful American who exercised his

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K02JN8.026 E02JNPT1 jbell on PROD1PC69 with REMARKS E1270 CONGRESSIONAL RECORD — Extensions of Remarks June 2, 2009 responsibility when the duty was his; who Tourist Council. Preceding his time on the Madam Speaker, I ask my colleagues to join helped ensure the safety of our men and bench, Judge Gadola was elected to the me in honoring the contributions these individ- women soldiers in the tumult of combat; who Board of Trustees of Mott Community College uals and all of the educators serving the chil- rose to the highest rank of a dedicated public from 1969 to 1989. He served as Chair from dren of Fairfax County. They provide enumer- servant from the neighborhoods of New 1983 to 1989. able benefits to Northern Virginia and life- Haven, and who never lost sight of his origins Madam Speaker, Judge Paul Gadola was a changing experiences to the children they and their values; the son of an immigrant in- founding member of the Flint Branch of the mentor. sistent on defining America in its highest American Civil Liberties Union when the orga- f ideals. nization formed in 1963. The American Civil TRIBUTE TO GARY HOLMES f Liberties Union gave this award to him because of his hard work on behalf of the right FAGAN HONORING JUDGE PAUL V. to free association, the right to equal protec- GADOLA tion of the laws, the right to free speech, and HON. THOMAS S.P. PERRIELLO the right to effective assistance of counsel. I OF VIRGINIA HON. DALE E. KILDEE have known Judge Gadola for many years IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN and have benefited from his legal counsel and Tuesday, June 2, 2009 IN THE HOUSE OF REPRESENTATIVES sage advice. I ask the House of Representa- Mr. PERRIELLO. Madam Speaker, today I Tuesday, June 2, 2009 tives to join me in congratulating him as he is honored for his work on behalf of our civil lib- recognize Gary Holmes Fagan upon his com- Mr. KILDEE. Madam Speaker, I ask the erties. pletion of 34 years of service to Albemarle House of Representatives to join me in paying County Public Schools. For 32 of these years, f tribute to Judge Paul V. Gadola. The Greater he served as the Band Director at J.T. Henley Flint Branch of the American Civil Liberties RECOGNIZING THE RECIPIENTS OF Middle School, imparting to thousands of Union bestowed the 2009 Thomas A. Baltus THE 2009 FAIRFAX EDUCATION young students the lasting gift of a musical Civil Libertarian of the Year Award upon ASSOCIATION HUMAN AND CIVIL education. As one of the many students privi- Judge Gadola at a dinner held last Thursday, RIGHTS COMMITTEE WALT MIKA leged to have studied with Mr. Fagan, it is an May 28, in my hometown of Flint Michigan. AWARDS honor to acknowledge his contribution to the Paul Gadola graduated from Michigan State community. University in 1951 and received his Juris Doc- HON. GERALD E. CONNOLLY Gary Fagan was born and raised in Fred- tor Degree from the University of Michigan OF VIRGINIA erick, Maryland, the son of a teacher and a Law School in 1953. After serving in the musician. He earned his undergraduate de- IN THE HOUSE OF REPRESENTATIVES United States Army from 1953 to 1955, he re- gree in Music Education at Bridgewater Col- turned to his home in Flint and started a pri- Tuesday, June 2, 2009 lege and his master’s degree in Music Edu- vate practice. President Ronald Reagan ap- Mr. CONNOLLY of Virginia. Madam Speak- cation from James Madison University. He has pointed him to the U.S. District Court for the er, I rise today to recognize the awardees of taught music since 1973, moved to Albemarle Eastern District of Michigan, the U.S. Senate the Fairfax Education Association (FEA) County to teach in 1975, where he lives today confirmed his appointment in October 1988, Human and Civil Rights Committee Walt Mika with his wife, Phyllis. A fellow lover of music, and on January 6, 1989 he took office. He Awards. The mission of the FEA Human and Phyllis will also retire this year from her posi- served in this capacity until his retirement in Civil Rights Committee includes advocacy and tion as Choral Director for Henley Middle 2008. review responsibility to ensure that the poli- School. He is active in the Music Educators Judge Gadola is certified as a Diplomat in cies, practices and programs of the Fairfax National Conference and the Virginia Band Civil Trial Advocacy by the National Board of County Public Schools are inclusive and rep- and Orchestra Directors Association, the Trial Advocacy, a Lifetime Fellow of the Amer- resent all ethnic, minority, gender and gay, American Society of Composers, Authors, and ican Trial Lawyers Foundation, served as an lesbian, bisexual and transgender (GLTB) Publishers, and the National Band Associa- arbitrator for the American Arbitration Associa- groups. The Committee recommends strate- tion, as well as playing percussionist with the tion, a mediator for the Circuit Courts of Gen- gies to address GLTB, racial, ethnic and gen- Charlottesville Municipal Band and composing esee and Shiawassee Counties, and is a Fel- der issues to ensure a quality educational ex- over 30 original pieces of music. low of the Michigan State Bar Foundation. perience for all students. In addition, the Com- During his time at Henley Middle School, Judge Gadola is a member of the Executive mittee promotes diversity awareness to recog- Mr. Fagan was the recipient of numerous ac- Board of the Federal Bar Association—East- nize and celebrate the diverse cultures that colades and honors from the community and ern District of Michigan Chapter, the Board of enrich Fairfax County. beyond, including the Piedmont Council of the Directors of the Historical Society for the U.S. These awards are named after Walt Mika. Arts Outstanding Educator Award, the Central District Court of Eastern Michigan, the Michi- Mr. Mika dedicated more than 30 years to the Virginia Outstanding Middle School Teacher of gan Supreme Court Historical Society, the education of our youth as a teacher and also the Year by the UVA chapter of Phi Delta Federalist Society for Law and Public Policy as former FEA and Virginia Education Asso- Kappa, the WINA Teacher of the Month, Na- Studies and the Advisory Committee of its ciation President. With the establishment of tional Band Association ‘‘Band Booster Michigan Chapter. He is a member of the the FEA Retirement Housing Corporation and Award,’’ membership in the James Madison Philadelphia Society, the Economic Club of the development of the Educational Employ- University Music Education Advisory Council Detroit, Committee of Sponsors of the Flint ees Supplemental Retirement System for Fair- and the Phi Beta Mu International School College and Cultural Development Fund, the fax County, Mr. Mika has made significant im- Bandmasters Fraternity, and a Presidential Ci- Hannah Society, and he has served as the provements in the lives of thousands of retired tation from the Governor’s School of Virginia President of the Incorporated Society of Irish/ teachers and Fairfax County Public School for the Visual and Performing Arts at the Uni- American Lawyers. As an alumnus of Michi- employees. versity of Richmond. Under his tutelage, the gan State University he has served the The recipients of the Walt Mika Award are Concert Band has consistently attained supe- school’s President’s Club, the Board of Direc- recognized for their outstanding commitment rior ratings at the District Band festival, the tors of the MSU Development Fund, and as a to the education of children in Fairfax County. Jazz Band has brought home 1st place at the member of Directors of the school’s Alumni In addition to serving as notable educators, Tri-State Jazz Festival for 3 out of the past 5 Association. He has also served on the Board these individuals serve as role models for their years, and the Marching Band has received of Directors of the Mott Community College students through their many and varied activi- scores of prestigious awards, including tro- Foundation. ties outside the classroom. phies from the Dogwood Parade, the Harrison- Over the years he has served the Urban Madam Speaker, it is my honor to recognize burg Poultry Parade and the Culpeper Fire- League of Flint as President, the Cystic Fibro- the following recipients for their positive influ- men’s Parade. sis Research Foundation of Genesee County ence in the lives of students and their roles in Throughout his career, Mr. Fagan has con- as President, the March of Dimes of Genesee promoting diversity: sistently brought out the best in each student, County as Chairman, Genesee County Legal Deb Crerie, Retired Art Teacher whether the student began middle school hav- Aid Society as Vice-President, he has been a Robbie Ellen, Instructional Assistant ing played music for years or never having Director of the Flint Environmental Action Ilryong Moon, School Board Member read a note of music. His students have wide- Team and the Flint Area Convention and Janice Winters, PhD, Community Activist. ly varying backgrounds, abilities, and unique

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A02JN8.006 E02JNPT1 jbell on PROD1PC69 with REMARKS June 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1271 talents, but he is always patient, even with a day as a Legislative Aide and Scheduler in our Area Governments (ABAG) Executive Board future Congressman who struggled to extract office. Emma served the people of the Fifth since July 1989 and will point to the accom- melodious sounds from a baritone saxophone. Congressional District of Illinois with distinction plishments and importance of the Bay Trail By the end of each school year, however, the from 2003–2005, returned in 2007, and de- over the past 20 years. California State Sen- students have become a cohesive team, an serves our wholehearted appreciation for her ator Bill Lockyer will be honored for his con- accomplishment made evident in the annual efforts. tributions of creating and preserving the Bay spring concert in which his students play while After graduating from Georgetown University Trail. marching in formation down Charlottesville’s in 2005, Emma went to work for my prede- In 1987, then-California State Senator Bill Market Street. In helping each student reach cessor, Rahm Emanuel, beginning as a Staff Lockyer conceived the idea of a hiking and bi- his or her potential, he has consistently cre- Assistant. After spending a year working for cycling trail that would encircle San Francisco ated accomplished ensembles of young musi- Skadden, Arps, Slate, Meagher & Flom LLP and San Pablo Bays. His plan was often cians dedicated to ensuring the school music and the National AIDS Marathon Training Pro- called ‘‘Ring Around the Bay.’’ Lockyer au- program’s continued success. He has been gram, Emma returned to Congressman thored Senate Bill 100 authorizing ABAG to, important to my whole family, particularly my Emanuel’s office in January 2007, working as ‘‘develop and adopt a plan for a continuous late father, Vito Perriello, who found in Gary a a Legislative Aide and Scheduler. recreational corridor which will extend around like-minded music lover as well as a teacher In addition to doing superlative work for my the perimeter of San Francisco and San Pablo he could trust to share such a love with his— predecessor, Emma has been an extraor- Bays.’’ SB 100 required that the plan include: and others’—children. dinary asset to my office as we’ve managed a specific trail route, connections to parks and Many of Mr. Fagan’s students have been in- the transition process. This process has been other recreational facilities, links to existing spired to enter the field of music and per- a lot of hard work, but that is nothing new to and proposed public transportation facilities, forming arts as a career, and their accomplish- Emma. Whether it was handling science and an implementation and funding program for ments will continue his legacy. For those of technology, art, innovation, or postal issues the trail, and provisions for implementing the his students who have gone to other fields, his legislation, assisting the people of the Fifth trail without adversely affecting the natural en- invaluable lessons of teamwork, dedication, Congressional District during the interim pe- vironment of the Bay. SB 100 was passed into and striving for personal excellence still per- riod, or establishing my scheduling operation, law with widespread support. sist. On behalf of Albemarle County and Vir- Emma has always given her all. A broad-ranging advisory committee to ginia’s 5th District, I thank Mr. Fagan for his I would like to wish Emma the best of luck ABAG developed the Bay Trail Plan over a 2- generosity and devotion in sharing his talent working in President Obama’s Administration. year period and its policies continue today to throughout the years and wish both him and I am confident that she will find success in guide the development of the Bay Trail. Phyllis all the best in their retirement. whatever path she chooses, and I thank her For oversight of the Hayward section of the f for her service to the people of Illinois’ Fifth Bay Trail, the Hayward Area Shoreline Plan- Congressional District. ning Agency (HASPA) was formed in 1971. HONORING MONUMENT BANK f HASPA continues to preserve and advocate for the Hayward shoreline as part of the Bay HON. PATRICK J. MURPHY JOHN HORTON Trail. To date, slightly more than half of the OF PENNSYLVANIA Bay Trail’s ultimate alignment, approximately IN THE HOUSE OF REPRESENTATIVES HON. ED PERLMUTTER 293 miles out of the envisioned 500-mile trail, has been completed. Tuesday, June 2, 2009 OF COLORADO IN THE HOUSE OF REPRESENTATIVES I join the Bay Area community in honoring Mr. PATRICK J. MURPHY of Pennsylvania. State Treasurer Bill Lockyer for his vision in Tuesday, June 2, 2009 Madam Speaker, I rise today to recognize the authoring SB 100, ABAG for developing the dedication and opening of the new head- Mr. PERLMUTTER. Madam Speaker, I rise plan for the recreational corridor, HASPA for quarters for Monument Bank in Doylestown, today to recognize and applaud John Horton its oversight and stewardship of the Hayward Bucks County, Pennsylvania. who has received the Arvada Wheat Ridge section of the Bay Trail and all the individuals This day 141 years ago marks the anniver- Service Ambassadors for Youth award. John who continue to contribute to the success of sary of the official dedication of the Horton is a senior at Pomona High School and the Bay Trail. The Bay Trail is a treasured gift Doylestown Monument. The Doylestown land- received this award because his determination for all to enjoy. mark commemorates the officers and men of and hard work have allowed him to overcome f the 104th Pennsylvania Regiment who fell in adversities. the Civil War, and serves as the namesake for The dedication demonstrated by John Hor- HONORING CHIEF MASTER Monument Bank. ton is exemplary of the type of achievement SERGEANT JOHN SLEDZ The founding members and shareholders of that can be attained with hard work and perse- the new Monument Bank have a proven his- verance. It is essential that students at all lev- HON. MARSHA BLACKBURN tory of successful local banking. They have els strive to make the most of their education OF TENNESSEE provided some of the most outstanding profes- and develop a work ethic that will guide them IN THE HOUSE OF REPRESENTATIVES sional banking services in our area, recog- for the rest of their lives. Tuesday, June 2, 2009 nizing the importance of local community rela- I extend my deepest congratulations once tionships and support. Their service and com- again to John Horton for winning the Arvada Mrs. BLACKBURN. Madam Speaker, I ask munity leadership will undoubtedly be an im- Wheat Ridge Service Ambassadors for Youth my colleagues to join me in congratulating portant asset to Doylestown, Pennsylvania. award. I have no doubt he will exhibit the Chief Master Sergeant John Sledz upon his I applaud Monument Bank for moving for- same dedication he has shown in his aca- upcoming retirement from the United States ward in these trying economic times to provide demic career to his future accomplishments. Air Force after 30 years of service to our valuable banking services to our community. f country. Madam Speaker, I proudly recognize Monu- Chief Sledz has reached the pinnacle of en- ment Bank and I extend my congratulations on HONORING 20TH ANNIVERSARY OF listed service, the rank of Chief Master Ser- the dedication of their headquarters today. THE BAY TRAIL PROJECT geant. Less than 1 percent of airmen are al- f lowed to hold this rank, and achieving it is a HON. FORTNEY PETE STARK testimony to the extraordinary abilities that RECOGNIZING EMMA JURADO OF CALIFORNIA Chief Sledz has put to work for the protection IN THE HOUSE OF REPRESENTATIVES of our nation. He has been awarded the Meritorious Serv- HON. MIKE QUIGLEY Tuesday, June 2, 2009 OF ILLINOIS ice Medal (with five oak leaf clusters), the Air IN THE HOUSE OF REPRESENTATIVES Mr. STARK. Madam Speaker, the Bay Trail Force Commendation Medal, Air Force Project will celebrate its 20th Anniversary on Achievement Medal, Iraq Campaign Medal, Tuesday, June 2, 2009 July 6, 2009 at the Hayward Shoreline Inter- Global War on Terrorism Service Medal, Mr. QUIGLEY. Madam Speaker, I rise today pretive Center in Hayward, California. A com- among many others awards and decorations. in recognition of Emma Jurado, a member of memorative event will highlight the adoption of He has served on three continents and five my staff. Friday, May 29, was Emma’s last the Bay Trail Plan by the Association of Bay different states, and is concluding his career in

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A02JN8.008 E02JNPT1 jbell on PROD1PC69 with REMARKS E1272 CONGRESSIONAL RECORD — Extensions of Remarks June 2, 2009 the position of Chief, Fuels Management MISTY HOCKMAN great pride in their engineers and researchers, Flight, 43rd Logistics Readiness Squadron at as well as their production artisans and ma- Pope Air Force Base, North Carolina. HON. ED PERLMUTTER chinists. With the registration of the ISO 9001 By focusing his career on the critical OF COLORADO and the ISO 14001, NI has taken appropriate logistical tasks required in maintaining the Air IN THE HOUSE OF REPRESENTATIVES steps to further ensure both products and Force’s ability to launch aircraft, Chief Sledz’s processes meet the highest quality and envi- efforts have contributed mightily to the safety Tuesday, June 2, 2009 ronmental standards. Their attention to detail and well being of the citizens of this country Mr. PERLMUTTER. Madam Speaker, I rise and technical capabilities has earned NI the and the stability of the world. We owe him a today to recognize and applaud Misty reputation for being the only munitions manu- debt of gratitude that is impossible to repay. Hockman who has received the Arvada Wheat facturer capable of deep drawing a combina- He has set a high example of service, leader- Ridge Service Ambassadors for Youth award. tion of steel, brass and aluminum. ship, caring, and commitment that all would do Misty Hockman is a senior at Arvada High Due to the outcome of the 2005 Defense well to follow. School and received this award because her Base Closure and Realignment Commission Madam Speaker, I congratulate Chief Sledz determination and hard work have allowed her Law, the highly successful cartridge case facil- and his family on his well-deserved retirement, to overcome adversities. ity at the Riverbank Army Ammunitions Plant and ask my colleagues to join me in cele- The dedication demonstrated by Misty will be beginning the relocation process in brating his accomplishments. Hockman is exemplary of the type of achieve- June 2009. The plant is being relocated to f ment that can be attained with hard work and Rock Island Arsenal, Illinois, and the reloca- perseverance. It is essential that students at tion project will be completed in 2012. NI will HONORING DR. VINCENT J. VIVONA all levels strive to make the most of their edu- operate the new facility and continue its pro- cation and develop a work ethic that will guide duction of cartridge cases and other products HON. FRANK PALLONE, JR. them for the rest of their lives. with the same care of quality. OF NEW JERSEY I extend my deepest congratulations once Madam Speaker, I rise today to wish NI In- IN THE HOUSE OF REPRESENTATIVES again to Misty Hockman for winning the Ar- dustries the best of luck with the relocation. I Tuesday, June 2, 2009 vada Wheat Ridge Service Ambassadors for encourage my colleagues to join me in wish- Youth award. I have no doubt she will exhibit ing NI Industries, Inc. continued success. Mr. PALLONE. Madam Speaker, I rise today the same dedication she has shown in her to honor the accomplishments of Dr. Vincent academic career to her future accom- f J. Vivona, who has dedicated his time to fight- plishments. RECOGNIZING THE RETIREMENT ing cardiovascular disease and stroke. f Throughout his many years of service, Dr. OF LIEUTENANT COLONEL JO- Vivona has worked to make the community of HONORING NI INDUSTRIES, INC. SEPH M. ARTHUR Ocean County a healthier place to live. On May 30, 2009 his accomplishments earned HON. GEORGE RADANOVICH HON. JEFF MILLER him the Ronald Rubinstein, M.D. Hearts-In-Ac- OF CALIFORNIA OF FLORIDA tion Award, presented by the American Heart IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Association/American Stroke Association at Tuesday, June 2, 2009 the annual Have A Heart Ball. Tuesday, June 2, 2009 Once a year, this prestigious award is given Mr. RADANOVICH. Madam Speaker, I rise Mr. MILLER of Florida. Madam Speaker, it to a health care professional who embodies today to congratulate NI Industries, Inc. for is with great honor that I rise today to recog- the spirit and commitment of Dr. Ronald Ru- over fifty-five years of business in Stanislaus nize the retirement of Joseph Arthur, Special binstein. As a former regional president of the County. Although the company is relocating, I Assistant to the Commander 919th Special American Heart Association Board in Central- would like to recognize NI Industries for its Operations Wing, Eglin AFB, Duke Field, Flor- South Jersey, Dr. Rubinstein devoted himself success while in California. ida. to his community. Dr. Vivona has inherited this NI Industries, formally known as Norris In- Lieutenant Colonel Arthur was commis- passion by also using his skills for the benefit dustries, Inc., was founded in 1930. The com- sioned through the Air Force Officer Training of those around him. pany manufactures over four hundred high School in 1981 and entered Undergraduate Dr. Vivona has become a valuable member quality munitions products including cartridge Pilot Training (UPT) in 1982. Upon graduation of the state of New Jersey, and this is largely cases, mortars, projectile bodies, grenade from UPT, he was assigned to the 711th Spe- due to his distinguished past. He is the found- bodies, rocket motors, warheads and rocket cial Operations Squadron as an AC–130A ing member of Brick Cardiovascular Special- launchers. Headquartered in Vernon, Cali- Spectre Gunship Pilot. In 1997, he joined the ists P.A., a group that strives to provide its pa- fornia, NI is the United States Army’s Indus- 5th Special Operations Squadron (SOS) flying tients with the highest quality medical care. trial Mobilization Base Supplier with over one the MC–130P. During his service with the 5th Additionally, Dr. Vivona has served as Chief of million square feet in manufacturing space. SOS, Lieutenant Colonel Arthur served as Air- Staff at Ocean Medical Center and Chief of Their unique capabilities are unrivalled any- craft Commander, Instructor Pilot, Chief Pilot, Cardiology at Community Medical Center. Cur- where in the world, with over fifteen hundred Chief of Training, Director of Operations and rently, he is an active member of the Amer- pieces of equipment and many thousand tons Combat Mission Commander. ican College of Physicians and the American of press capacity. Lieutenant Colonel Arthur has deployed and College of Cardiology, two institutions that re- NI has been the operating contractor at the supported combat operations in the air and on lentlessly strive for a healthier America. Riverbank Army Ammunitions Plant in River- the ground in support of Operations Just Rarely do you find someone who has such bank, California since 1951. Since the reac- Cause, Restore Democracy, Enduring Free- a deeply rooted interest in the well-being of tivation of the cartridge case facility at the Riv- dom and Iraqi Freedom. His command experi- his community. Dr. Vivona has practiced in erbank plant ten years ago, the company has ence in support of the Global War on Ter- Ocean County for the past 30 years. More- produced over half a million cases of the rorism includes serving as Mission Com- over, he has resided within Toms River for 29 Navy’s 5″/54 gun and the Army’s 105mm gun mander, Air Force Special Operations Detach- years. Dr. Vivona’s place in the New Jersey on the Stryker. NI Industries has also been an ment-South, Jacobabad Air Base, Pakistan, community has allowed the citizens of my innovative leader in the development of the Deputy Commander, Joint Special Operations great state to receive the best care in dealing steel cartridge case for the Navy’s 155mm-Ad- Air Component, Masirah Air Base, Oman. His with cardiovascular disease and stroke. I am vanced Gun Systems (AGS) for the DD (1000) other deployments include peacetime aerial certain that Dr. Vivona will continue to serve Program. reconnaissance missions in Central America his community with the same dedication he The metal manufacturing technology that NI and participation in military operations over has shown in the past. uses employs a deep draw process and a Haiti. Madam Speaker, I sincerely hope that my unique technology, to produce a single, Madam Speaker, on behalf of the United colleagues will join me in congratulating Dr. unwelded piece of alloyed metal with high pre- States Congress, I am proud to recognize Vivona on this achievement and thanking him cision to fit a complex configuration. The com- Lieutenant Colonel John M. Arthur for his ex- for his service to the community. His accompany has management, technical and manu- cellent leadership and selfless service in the plishments will continue to benefit and inspire facturing teams with hundreds of years of ex- United States Air Force and wish him well in my constituents and future generations. perience in the defense industry. They take his retirement.

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A02JN8.012 E02JNPT1 jbell on PROD1PC69 with REMARKS June 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1273 HONORING MR. MARTIN J. tives which promote education, understanding Wheat Ridge Service Ambassadors for Youth MARASCO and peace: the Ziegler School for Rabbinic award. I have no doubt she will exhibit the Studies, the Center for Israel Studies, and the same dedication she has shown in her aca- HON. BILL SHUSTER Ziering Institute. Under his leadership, AJU demic career to her future accomplishments. OF PENNSYLVANIA started its Community Partners Initiative in IN THE HOUSE OF REPRESENTATIVES which the university reaches out to the many f ethnic and religious communities of Los Ange- Tuesday, June 2, 2009 les. He has helped AJU’s Whizin Center for HONORING ROBERT HAWKINS ON Mr. SHUSTER. Madam Speaker, I rise Continuing Education become the largest Jew- BEING NAMED DEAN OF THE today to honor the accomplishments of Mr. ish adult education program in the United CENTRAL TEXAS LABOR COUN- Martin J. Marasco. As this year’s recipient of States with more than 15,000 participants CIL AFTER 50 YEARS OF SERV- the Penn’s Woods Council Boy Scouts of each year. ICE America’s Distinguished Citizen Award, Marty In addition to his work at the American Jew- has shown exemplary performance as a busi- ish University, Dr. Wexler has served in many HON. CHET EDWARDS nessman, a community leader, a philan- community leadership roles. He chaired the OF TEXAS thropist, and a role model. Los Angeles Federation’s Commission on IN THE HOUSE OF REPRESENTATIVES Through his 39 years affiliation with the Al- Israelis and the Committee on Jewish Edu- toona-Blair County Development Corporation, cation. He has also published several articles, Tueday, June 2, 2009 Marty has worked at developing and delivering including contributions to the Encyclopedia Mr. EDWARDS of Texas. Madam Speak, I purposeful and creative programs and serv- Judaica, the Etz Hayim commentary on the rise today to honor a lifelong friend of working ices involving all aspects of the economic de- Torah, and a volume entitled Israel, the Dias- families from my hometown Waco, Texas, velopment process to his community. He is re- pora and Jewish Identity. Robert Hawkins. This week, we celebrate sponsible for much of the industrial and com- Born in Los Angeles, Dr. Wexler received Robert’s 50th year of service, and congratu- mercial economic expansion that has been his B.A. in Sociology from UCLA, and was or- late him on being named Dean of the Central crucial to Blaire County’s growth and develop- dained as a rabbi at the Jewish Theological Texas Labor Council. ment. Seminary in New York where he also earned Prior to his appointment to the Council, he Marty’s experiences in all facets of eco- a Master of Arts degree in Hebrew Literature. served on the State Job Training Coordinating nomic development have enabled him to be While enrolled in rabbinical school, Dr. Wexler Council and has held a number of appoint- successful in his dealings with local, state, and also earned his M.B.A. from Baruch College in ments from six Texas Governors. After 30 federal agencies as well as commercial and New York City. Following his ordination, he years of service, Mr. Hawkins retired as the industrial clients. His ability to capitalize on spent a year on the faculty of Princeton Uni- Director of Special Programs at Texas State both public and private financing vehicles has versity, teaching in the Department of Middle Technical College in Waco. During his 30 led to the creation and preservation of 17,580 East Studies. Dr. Wexler later earned both a years at the college, he was instrumental in jobs, and serves to demonstrate how good Master of Arts degree and a Ph.D. from UCLA pioneering work in the area of career edu- business sense and strong work ethic can in the Department of Near Eastern Lan- cation and economic development training. He benefit the individual as well as the commu- guages. is Chair Emeritus of the Central Texas Eco- nity. Dr. Wexler is included every year in News- nomic Development Council and is Chairman The diverse background and numerous ac- week’s list of America’s 50 most influential Emeritus of the Heart of Texas Economic De- complishments Marty has spent a lifetime rabbis, ranking number three in 2008. He has velopment District Board of Directors. He working toward have allowed him to be ex- also been included on the Forward’s list of the serves his community as a member of the tremely active in his community. He is Past 50 most significant American Jewish leaders. Bellmead City Council and has served four Chair and Member of the Pastoral Council at Dr. Wexler is married to Dr. Hana Wexler, terms as Mayor. Our Lady of Mount Carmel Church, as well as the Director of the Wadsworth Anaerobe Lab- Mr. Hawkins is also a proud member of the a Member and Vice Chairman of the Execu- oratory at the Veteran’s Administration in West United Association of Plumbers and Pipefitters tive Roundtable of Blair County. Always sup- Los Angeles. They have four children: Local 529, Texas Academy of Science, and portive of community sports activities, Marty Daniella, Elisheva, Zev and Nili. the Texas Technical Society. He has served coached instructional level through elementary Madam Speaker and distinguished col- as a member of an Advisory Committee for basketball for 25 years. He also served, for 8 leagues, I ask you to join me in saluting Rob- the Texas Department of Health, on a Senate years, as the treasurer and coach for the Al- ert D. Wexler for his impressive career and Advisory Committee for Vocational-Technical toona Little League baseball program. dedication to the community and the American Education, as Vice-Chair of the State Board of As a family man, Marty has been a husband Jewish University, and to congratulate him on Physical Therapy Examiners, and on the to his wife Carol for nearly 42 years; he is a the occasion of his thirty years of service. President’s Council of Youth Opportunity. father to eight children, and a grandfather to f Robert is also a true friend to our troops, thirteen grandchildren. Marty’s efforts and ac- veterans, and their families. He served in the complishments serve to exemplify great serv- JESSICA KALIN U.S. Army, the Army National Guard, the ice to self, family, and community. For these Texas State Guard, and the U.S. Army Re- reasons I commend those who have seen fit HON. ED PERLMUTTER serves. He retired with 25 years of combined to honor Marty with this year’s Distinguished OF COLORADO military service with the rank of Colonel. Rob- Citizen Award, and I too recognize and con- IN THE HOUSE OF REPRESENTATIVES ert was attached to the 5th Armored Division, gratulate Marty Marasco for all he has done. Tuesday, June 2, 2009 D Battery at Camp Chafee, Arkansas, on Sep- f Mr. PERLMUTTER. Madam Speaker, I rise tember 24, 1957, and participated in the pre- TRIBUTE TO ROBERT D. WEXLER, today to recognize and applaud Jessica Kalin dawn exercises to secure Central High School PH.D who has received the Arvada Wheat Ridge in Little Rock in preparation for integration of Service Ambassadors for Youth award. Jes- the school. He also taught military courses at HON. HOWARD L. BERMAN sica Kalin is a senior at Arvada High School the National Guard Professional Education Center and for the Department of Defense. OF CALIFORNIA and received this award because her deter- Robert has received numerous awards for IN THE HOUSE OF REPRESENTATIVES mination and hard work have allowed her to overcome adversities. military and public service and humanitarian Tuesday, June 2, 2009 The dedication demonstrated by Jessica activities. Among these are the Distinguished Mr. BERMAN. Madam Speaker, I am hon- Kalin is exemplary of the type of achievement Service Award from the Secretary of the Army, ored to pay tribute to my friend, Robert D. that can be attained with hard work and perse- the Lone Star Distinguished Service Medal Wexler, on the occasion of his thirty years of verance. It is essential that students at all lev- and the Clara Barton Medal from the Amer- service to the American Jewish University els strive to make the most of their education ican Red Cross. (AJU), and particularly his service as president and develop a work ethic that will guide them I want to personally thank Robert for his life- for the past seventeen years. for the rest of their lives. time of service to our community. He is an ex- During the first decade of his presidency at I extend my deepest congratulations once ample of someone who has truly made a posi- AJU, Dr. Wexler launched three major initia- again to Jessica Kalin for winning the Arvada tive difference in the lives of others.

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A02JN8.016 E02JNPT1 jbell on PROD1PC69 with REMARKS E1274 CONGRESSIONAL RECORD — Extensions of Remarks June 2, 2009 HONORING RALPH AND ROBERT his daughter Michelle, who succumbed to leu- HONORING MR. AND MRS. WALLY BROWN FOR THEIR SUPPORT OF kemia. The Michelle Mitzvah Group seeks to AND MARY GROTZ ON THEIR WOUNDED WARRIORS practice the Jewish covenant of Mitzvah 60TH WEDDING ANNIVERSARY through ‘‘hands-on projects,’’ such as minis- HON. GUS M. BILIRAKIS tering at children’s hospitals, food banks, and HON. MICHELE BACHMANN OF FLORIDA homeless shelters. The Group also raises OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES money for charities, sponsors blood drives, IN THE HOUSE OF REPRESENTATIVES Tuesday, June 2, 2009 and collects items for our wounded veterans. Tuesday, June 2, 2009 Three years ago, Nathan LeBron partnered Mr. BILIRAKIS. Madam Speaker, I rise with the Michelle Mitzvah Group to form the Mrs. BACHMANN. Madam Speaker, I rise today to honor two of my constituents, broth- LeBron-Michelle Mitzvah Scholarship Fund. today to honor Mr. and Mrs. Wally and Mary ers Ralph and Robert Brown. Ralph and Rob- Nathan is a cancer survivor who grew up in a Grotz of Delano, Minnesota, on the occasion ert will be attempting a 2nd Guinness World dysfunctional home and was mentored by of their sixtieth wedding anniversary. For the Record this summer by sailing non-stop Marc Applebaum. With the love and support of last sixty years, they have raised four children across the Atlantic Ocean from Tampa, Florida individuals such as Marc, Nathan went on to and lived in the homestead Wally built while to Hamburg, Germany to raise funds for graduate from SUNY Albany and Harvard Uni- the town of Delano grew into a city. But this Wounded Warrior Foundations. versity. Nathan formed the LeBron-Michelle is no ordinary couple; they are some of Amer- In 2007, Ralph and Robert set their first Mitzvah Scholarship Fund to help other prom- ica’s ‘‘Greatest Generation’’ and both have tre- Guinness World Record for the ‘‘longest non- ising-yet-disadvantaged youths in receiving the mendous wisdom to share from their personal stop ocean voyage in a flats boat’’ traveling help and guidance they require to go on to histories. from North Carolina to Bermuda and back to Wally was a B–24 bomber pilot during college or technical school. New York in a 21-foot open fishing boat of Doneisha Brown is an exceptional student World War II and at one point served under their own design. This voyage garnered a and role model for her peers. I am proud of American film legend, Jimmy Stewart. But great deal of publicity and convinced the her accomplishments, and expect great things Wally’s story goes much deeper. He was shot brothers to use this notoriety to raise money from her as she continues her education. I am down over Germany in 1944 and taken as a for Wounded Warriors Organizations in the fu- also proud of the Michelle Mitzvah Group and Prisoner of War until May of 1945. When he ture. Ralph and Robert will be using the pub- Beth Haverim Shir Shalom Temple on helping returned home he found a job at the local post licity from their second voyage to raise money make a college education possible for Ms. office where he worked for 34 years, serving for six Wounded Warrior and Disabled Vet- Brown. Through this scholarship and countless as Postmaster for 16 years. Mary spent her time working for Minnesota- erans Organizations, having set a goal of $3 other acts of selfless service, the individuals based food producer, General Mills. Her job million. involved have made their community a better In 1980, former Marine Ralph Brown was was as unique as she is; she answered cook- place. I wish all the very best in the coming placed on the roster to liberate the American ing and baking questions as Betty Crocker, years. Embassy in Iran during the hostage takeover. the General Mills kitchen icon. She still re- However, at the last minute Ralph’s group was f mains active in her church and the Delano replaced by another group of soldiers, out of PERSONAL EXPLANATION community today. which three men were killed. Mr. Brown and Madam Speaker, I rise today to congratulate his brother have since dedicated their lives to HON. DEVIN NUNES and honor Wally and Mary Grotz. Their ac- honoring the lives of these three soldiers and OF CALIFORNIA complishments as individuals and dedicated their many other brave countrymen. IN THE HOUSE OF REPRESENTATIVES citizens would be enough to warrant recogni- Madam Speaker, Ralph and Robert Brown tion, but the love and devotion they have truly are doing more than just saying ‘‘thanks,’’ Tuesday, June 2, 2009 shown to one another sweetens their story as by raising money and awareness for our na- Mr. NUNES. Madam Speaker, on the legis- American heroes. I wish them a happiest anni- tion’s wounded warriors. And they are doing lative day of Thursday, May 21, 2009, I was versary and another sixty years together! so in one of the most original manners pos- unavoidably detained and was unable to cast f sible. a vote on a number of Rollcall votes. Had I IN HONOR OF GERALD OEHLER, f been present, I would have voted: Rollcall 289—‘‘yea’’; Rollcall 290—‘‘yea’’; Rollcall M.D. CONGRATULATING DONEISHA 291—‘‘nay’’. BROWN f HON. SAM FARR OF CALIFORNIA HON. SCOTT GARRETT YARITZA HUERTA IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY Tuesday, June 2, 2009 IN THE HOUSE OF REPRESENTATIVES HON. ED PERLMUTTER Mr. FARR. Madam Speaker, for more than OF COLORADO Tuesday, June 2, 2009 50 years, Dr. Gerald Oehler has dedicated his IN THE HOUSE OF REPRESENTATIVES Mr. GARRETT of New Jersey. Madam life and his work to the care and well being of Speaker, this evening the Michelle Mitzvah Tuesday, June 2, 2009 his patients. Born January 29, 1933 in Harvey, Group and the Beth Haverim Shir Shalom Mr. PERLMUTTER. Madam Speaker, I rise North Dakota, Dr. Oehler’s well rounded med- Temple of Mahwah will bestow their LeBron- today to recognize and applaud Yaritza ical education came from Kansas University Michelle Mitzvah Scholarship upon an out- Huerta, who has received the Arvada Wheat Medical Center, where he was trained in sev- standing young woman, Doneisha Brown. Ridge Service Ambassadors for Youth award. eral specialties and gained the broad-based Doneisha is a graduating senior at Eastside Yaritza Huerta is a senior at Jefferson High knowledge that would become his hallmark. High School in Paterson, NJ, where she is School and received this award because her Graduating from medical school in 1958, Dr. ranked in the top 5 percent of her class. Dur- determination and hard work have allowed her Oehler put his skills to work for his country, ing her time at Eastside, Doneisha was active to overcome adversities. enjoying a distinguished career in the United in the PEER Leadership Program, a student- The dedication demonstrated by Yaritza States Navy. run organization that helps incoming freshmen Huerta is exemplary of the type of achieve- Named to the staff at Salinas Valley Memo- acclimate to a high school setting. PEER ment that can be attained with hard work and rial Healthcare System in 1966 and Board seeks to create a positive, reaffirming commu- perseverance. It is essential that students at Certified in 1973, Dr. Oehler’s practice was nity by creating small support groups that cut all levels strive to make the most of their edu- dedicated to the entire patient. In his four dec- across class divides, and by standing up cation and develop a work ethic that will guide ades at Salinas Valley Memorial, his surgical against physical, emotional, and psychological them for the rest of their lives. and family practice touched the lives of thou- bullying. Along with contributing to this very I extend my deepest congratulations once sands in the Salinas Valley and Monterey Pe- important organization, Doneisha is a scholar again to Yaritza Huerta for winning the Arvada ninsula. Dr. Oehler’s specialty was the patient, athlete, having competed in track and field Wheat Ridge Service Ambassadors for Youth his practice in the operating room, at bedside and girl’s softball. award. I have no doubt she will exhibit the or in his medical office. Regardless of the lo- The Michelle Mitzvah Group was founded same dedication she has shown in her aca- cation, his knowledge and experience touched by Marc Applebaum as a living memorial to demic career in her future accomplishments. and saved lives.

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A02JN8.019 E02JNPT1 jbell on PROD1PC69 with REMARKS June 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1275 While witness to many changes in medical The dedication demonstrated by Eathan Once the Iron Curtain fell and thousands of techniques and styles, Dr. Oehler showed a Holtz is exemplary of the type of achievement Jews were permitted to leave, Si turned his remarkable ability to adapt, and to keep his that can be attained with hard work and perse- focus to assist in resettling those who arrived focus on patient-based medicine. His legacy verance. It is essential that students at all levin Los Angeles and Southern California. He will long remain a testament to that focus. els strive to make the most of their education became the liaison for the e´migre´s on every- Dr. Gerald Oehler became Physician Emer- and develop a work ethic that will guide them thing from re´sume´ workshops to clothing itus at Salinas Valley Memorial Healthcare for the rest of their lives. drives. System on June 1, 2007. His dedication and I extend my deepest congratulations once In 1992, Si began publishing ‘‘Graffiti for In- professionalism will remain as an inspiration to again to Eathan Holtz for winning the Arvada tellectuals,’’ a bi-weekly newsletter with infor- all who follow. Wheat Ridge Service Ambassadors for Youth mation and commentary on politics, social f award. I have no doubt he will exhibit the issues, and challenges in the community. With same dedication he has shown in his aca- candor, conviction and often a touch of humor, HONORING SUPERVISORY SPECIAL demic career to his future accomplishments. his columns expounded on the needs of Holo- AGENT RICHARD J. MCCUE FOR f caust survivors seeking restitution and repara- HIS 25 YEARS OF SERVICE WITH tions, the plight of Israel, the fight against anti- A TRIBUTE TO SI FRUMKIN THE NAVAL CRIMINAL INVES- Semitism, and other Jewish causes. TIGATIVE SERVICE (NCIS) In the face of fierce resistance, Si never re- HON. HENRY A. WAXMAN lented or grew too tired to persevere. His cre- HON. ERIC CANTOR OF CALIFORNIA ativity and sincerity inspired people to action. IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA While we mourn his absence, we pay tribute IN THE HOUSE OF REPRESENTATIVES Tuesday, June 2, 2009 with an enduring debt of gratitude for his remarkable courage and vision. His tremendous Tuesday, June 2, 2009 Mr. WAXMAN. Madam Speaker, it is a privilege to join my colleague HOWARD BERMAN in legacy will be felt for generations to come. Mr. CANTOR. Madam Speaker, I rise today paying tribute to Si Frumkin, who passed Si is survived by his wife, Ella, his son, Mi- to honor one of my constituents, Supervisory away in Los Angeles, California on May 15, chael, and two grandchildren. Ella, who al- Special Agent Richard J. McCue. After 25 2009. For more than 40 years, Si was a sin- ways stood solidly beside him and encouraged years of distinguished and honorable service, gularly focused and steadfast voice fighting for him to carry on the cause, deserves recogni- he retires this month from the Naval Criminal equality, freedom and dignity. As a Holocaust tion as an equal partner in his lifelong Investigative Service (NCIS). survivor, he heard a call of duty and answered achievements. Those who knew Si well can In addition to his service with the NCIS, Mr. it with a passionate resolve to not rest until the attest to his enduring love for his family and McCue has also served his country as an offi- injustices he identified had been addressed. his avid collection of chess sets. cer in the United States Marine Corps. Since He was a role model, a mentor, and a friend We ask that our colleagues join us as we September 11th, Mr. McCue has volunteered we will miss. celebrate the remarkable life and tremendous for several dangerous overseas assignments, Born in 1930 in the town of Kaunas, Lith- contributions of Si Frumkin. Si was living proof including being part of the first NCIS team in uania, Simas Frumkinas came from an affluent that one person can change the course of his- the nation to provide Protective Services sup- family that was not particularly religious or po- tory. port to Coalition Provisional Authority leader- litically active. When the Germans invaded f ship in southern Iraq. During this tour, Mr. Kaunas in 1941, and the Communists took CONGRATULATING PAM BRUNETTE McCue conducted over one hundred missions over his father’s business, the Frumkin family ON HER EXEMPLARY VOLUN- in active combat zones, directly encountering was herded into a Jewish ghetto. The ghetto TEER SERVICE TO OUR MEN AND both active fire and several Improvised Explo- was liquidated in 1944, and Si and his father WOMEN IN UNIFORM sive Devices. were sent to the Dachau concentration camp Among numerous honors and achieve- where he and his father were forced laborers ments, Mr. McCue was requested by name to in a Nazi aircraft hangar. Si was just 13 years HON. JOE DONNELLY OF INDIANA formalize the Surveillance Detection Mission old. IN THE HOUSE OF REPRESENTATIVES for U.S. Forces within Kuwait, as well as Si’s father passed away just 20 days before forces transitioning to the Theater of Oper- Dauchau was liberated in 1945. When the Tuesday, June 2, 2009 ations in support of Operation Enduring Free- camp was liberated by the U.S. Army, he went Mr. DONNELLY of Indiana. Madam Speak- dom. In addition, Mr. McCue volunteered to on to study in Switzerland, England, and Ven- er, today I pay tribute to an outstanding citizen serve as a forensic expert on the investigative/ ezuela, where he was reunited with his mother of South Bend, Pamela Brunette, a woman recovery team at the Pentagon after the Sep- before graduating from New York University in who has selflessly devoted her time, talent tember 11th attacks, providing both his exper- 1953. Soon after, he arrived in Los Angeles, and energy to our Marines. Her impact on the tise and compassionate care for the victims of where he took over a textile company—Uni- lives of our troops and their families is im- that attack. In honor of this selfless service, versal Drapery Fabrics—and earned a mas- measurable, the result of her unflagging efforts Mr. McCue received the Department of the ter’s degree in History at night at the California to boost their morale during some of the most Navy Meritorious Civilian Service Medal as State University campus in Northridge. trying periods of their lives. well as the Expeditionary Service Medal. As he became aware of the repression of Like so many, Pam was shocked by the as- Please join me in recognizing Richard Soviet Jews in the early 1960s, Si leapt into sault on our country that took place on Sep- McCue for his distinguished service to the action, beginning a relentless journey as a tember 11, 2001. She took positive action in a people of the United States. We wish him well founding father of the Soviet Jewry movement way that would help those sent to defend our on his retirement. and becoming a mentor and ally on behalf of lives, liberty and honor. Pam learned about f Soviet Jews. He brought up a young student Adoptaplatoon, whose mission it is to ‘‘Support to UCLA and that student went on to become America’s men and women deployed abroad, EATHAN HOLTZ Los Angeles City Councilman (now County while they protect our country.’’ Believing in Supervisor) Zev Yaroslavsky. In 1968, he this mission, Pam joined Adoptaplatoon to HON. ED PERLMUTTER formed the Southern California Council for So- support those who sacrifice so much on our OF COLORADO viet Jews and excelled in using unconven- behalf. IN THE HOUSE OF REPRESENTATIVES tional methods to bring attention to the issue. Pam first adopted a platoon of soldiers who When the Bolshoi ballet performed in Los An- were deployed to Kosovo and Bosnia. As part Tuesday, June 2, 2009 geles, Si wrote up fake programs encouraging of her service to these men and women, Pam Mr. PERLMUTTER. Madam Speaker, I rise patrons to enjoy the ballet but adding a mes- communicated with them regularly, through today to recognize and applaud Eathan Holtz sage about the oppression. When President letters and emails, bringing a glimpse of who has received the Arvada Wheat Ridge Nixon was visited by Soviet President Leonid ‘‘home’’ to many of them. Even as Pam’s Service Ambassadors for Youth award. Brezhnev, Si released 5,000 balloons with the adoptees returned from duty, she continued Eathan Holtz is a senior at Compass Montes- message, ‘‘Let My People Go.’’ With candle- her efforts by caring for newly deployed serv- sori High School and received this award be- light rallies attended by tens of thousands, let- ice members. cause his determination and hard work have ter-writing campaigns and other grass roots ef- When Marines from Engineer Company B allowed him to overcome adversities. forts, he enlisted a generation into action. deployed for Iraq for the first time in 2003,

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K02JN8.001 E02JNPT1 jbell on PROD1PC69 with REMARKS E1276 CONGRESSIONAL RECORD — Extensions of Remarks June 2, 2009 Pam stepped forward and adopted the entire HONORING THE MEMORY OF IN TRIBUTE TO AMBASSADOR company. She coordinated the efforts of other PATRICK O’CONNOR ALEXANDROS P. MALLIAS volunteers to ensure that each Marine was assigned a supporter to communicate with them HON. MIKE QUIGLEY HON. CAROLYN B. MALONEY OF NEW YORK throughout their deployment. In addition, Pam OF ILLINOIS wrote them herself, and sent care packages. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Pam provided so much love, support and ap- Tuesday, June 2, 2009 preciation to these troops, that she is now Tuesday, June 2, 2009 Mrs. MALONEY. Madam Speaker, I rise to called ‘‘Mom.’’ In addition, many of these sol- Mr. QUIGLEY. Madam Speaker, I rise today honor Mr. Alexandros P. Mallias, the Ambas- diers and their families include her in their per- to pay tribute to a great Chicagoan and a true sador of Greece to the United States. During sonal celebrations. To Pam, this is the great- friend, Patrick O’Connor, who passed away his tenure, Ambassador Mallias has fostered est honor of all. this past Tuesday. greater understanding and forged closer bonds between the leaders of Greece and Pam continued to support Engineer Com- An athlete and a sports fan, Patrick was the America, including with many members of the pany B when they were redeployed in 2005. In past President of the Chicago Gaelic Athletic Association, and the St. Pat’s Football Club. House and Senate and officials in the Execu- addition, she helps them with the annual Toys An active member of our community, Patrick tive Branch. Ambassador Mallias has been a for Tots drive. She continues to encourage was a committed member of the DeSoto truly outstanding representative of the Hellenic others to join Adoptaplatoon and support our Council Knights of Columbus. A dedicated Republic. service men and women. Pam believes our family man, Patrick leaves behind his beloved After nearly four years leading the Greek military is the best in the world, and they wife Barbara, his five children: Michael, Rob- diplomatic delegation to the United States, should receive the best we can give. She ert, Catherine, Daniel, and Alderman Pat Ambassador Alexandros Mallias is returning to takes it upon herself to give them her best. O’Connor, as well as dozens of grandchildren, serve as a senior advisor to the Greek Foreign nieces and nephews. Minister, Dora Bakoyianni, on critical issues in Because of her outstanding commitment to the sensitive Balkan region. Having first pre- On behalf of my family, and those lives in Adoptaplatoon and our troops, Pam has been sented his credentials in Washington in 2005, my district that Patrick touched over the years, awarded the President’s Volunteer Service Ambassador Mallias has served with distinc- I send my deepest condolences to his family Award from the President’s Council on Service tion during a critical period in Greek American and friends. He will be missed. and Civic Participation. This award is given to relations. volunteers in recognition of their service to A proponent of public diplomacy, Ambas- f their community and their country. sador Mallias has made hands-on interaction with the American people an integral part of So, today, on behalf of the citizens of Indi- RECOGNIZING THE RECIPIENTS OF THE 2009 BEAT THE ODDS AWARDS his mission here, reaching beyond the bounds ana’s Second District, I thank Pam Brunette of Beltway politics. He traveled extensively for her years of selfless dedication to our men throughout the U.S., visiting more than 30 and women in uniform. As she continues to HON. GERALD E. CONNOLLY states and delivering more than 140 public work to bring a sense of appreciation and con- OF VIRGINIA lectures at universities, think tanks and other cern to our military personnel and their fami- IN THE HOUSE OF REPRESENTATIVES organizations, not just on issues relating to lies, let us pay special tribute to this woman Greece, but also on matters affecting the Tuesday, June 2, 2009 who truly expresses support for our troops broader Southeastern European region. through her action, dedication and commit- Mr. CONNOLLY of Virginia. Madam Speak- Born on October 1, 1949, Ambassador ment. er, I rise today to recognize the recipients of Mallias traces his family’s roots to Stemnitsa the 2009 Beat the Odds Awards presented by in the mountainous region of Arcadia. He re- f the Prince William County Bar Foundation. ceived his undergraduate degree in Econom- The awards recognize extraordinary youth in ics from University of Athens, studied Political KATERYNA KONDRATYSHYNA our community for their determination to over- Science at the University of Geneva, and ob- come adversity and lead a full, productive life. tained a Post-Graduate Certificate from the ´ Beat the Odds Awards focus on young peo- ‘‘Institut des Hautes Etudes Europe´ennes’’. He HON. ED PERLMUTTER ple who have come into contact with the juve- joined the Foreign Service of the Hellenic Re- nile justice system and, despite such an ob- public in 1976. OF COLORADO stacle, have overcome abuse, neglect or juve- Ambassador Mallias developed a close and IN THE HOUSE OF REPRESENTATIVES nile delinquency with an earnest effort to real- warm relationship with the Hellenic American ize a successful future. Community. Tuesday, June 2, 2009 He and his wife Franc¸oise, whom he affec- It is my honor to commend the following in- tionately calls his ‘‘pillar of support,’’ devoted Mr. PERLMUTTER. Madam Speaker, I rise dividuals who have risen above substantial themselves tirelessly and selflessly to pro- today to recognize and applaud Kateryna negative influences and are now being recog- moting the relationship between the United Kondratyshyna who has received the Arvada nized as community success stories. States and Greece. They opened the Greek Wheat Ridge Service Ambassadors for Youth Recipients of the 2009 Beat the Odds Phoe- Embassy in Washington to events and cultural nix Award: Jessi Danner, Angela Garcia, Cyn- award. Kateryna Kondratyshyna is a junior at occasions, frequently hosting the Hellenic- thia Hubler, Sha-Kina Jackson, and Maria Ann Arvada High School and received this award American community and the diplomatic com- Sisson. because her determination and hard work munity at large. I was honored to be included Recipients of the 2009 Beat the Odds have allowed her to overcome adversities. at many of these events and even, on one Scholarship Award: Diana S. Alvarado, How- special occasion, to be honored by the Greek The dedication demonstrated by Kateryna ard James Artis, Courtney Blaydes, Ian Ga- Embassy. It was a true highlight of my career, Kondratyshyna is exemplary of the type of briel Byrd, Breanna Lee West Chrisman, the memory of which I will always treasure. achievement that can be attained with hard Christopher England, Kendra A. Hedgespeth, During his four years as Ambassador, work and perseverance. It is essential that stu- Devon Kennedy, Brittani Nicole Rodriguez, Alexandros P. Mallias worked to ensure that dents at all levels strive to make the most of Yaileen Rodriguez, and Rebecca L. Smith. the critical strategic relationship between their education and develop a work ethic that Madam Speaker, I ask that my colleagues Greece and the United States remained on a will guide them for the rest of their lives. join me in congratulating these young people positive note. There is a fresh interest on the for the positive example they set for their part of the United States to work with Greece I extend my deepest congratulations once peers. Our community sends a powerful mes- on a wide array of issues of regional as well again to Kateryna Kondratyshyna for winning sage to our youth when we encourage them to as global importance, such as the security of the Arvada Wheat Ridge Service Ambas- triumph over setbacks and to gain strength vital sea lanes. sadors for Youth award. I have no doubt she from hardship. The fact that more than As Ambassador Mallias has always said, will exhibit the same dedication she has $100,000 in Beat the Odds scholarships have Greece’s greatest asset in the United States shown in her academic career to her future been awarded thus far is a testament to that remains the vibrant Hellenic-American commu- accomplishments. message. nity, so many of whose members I am proud

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K02JN8.004 E02JNPT1 jbell on PROD1PC69 with REMARKS June 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1277 to serve in the United States House of Rep- Hillman who has received the Arvada Wheat mental Stewardship Award’’ of the Friends of resentatives. As the Co-Founder and Co-Chair Ridge Service Ambassadors for Youth award. the Arava Institute. of the Hellenic Congressional Caucus on Hel- Alexander Hillman is a senior at Pomona High The Friends of the Arava Institute is a Penn- lenic Issues, I can say with certainty that this School and received this award because his sylvania-based non-profit organization that outstanding ambassador will be sorely missed. determination and hard work have allowed him supports the Arava Institute for Environmental Ambassador Mallias, we wish you ‘‘Ke Sta to overcome adversities. Studies in the south of Israel. This institute, Annoterar,’’ or great success, in all your future The dedication demonstrated by Alexander which has the particularly timely philosophy endeavors! Hillman is exemplary of the type of achieve- that ‘‘Nature Has No Borders,’’ brings together Madam Speaker, I ask that my colleagues ment that can be attained with hard work and students from Israel, Jordan, the Palestinian join me in honoring Ambassador Alexandros perseverance. It is essential that students at Authority and beyond to study common envi- P. Mallias, a great statesman and diplomat all levels strive to make the most of their edu- ronmental concerns and to forge mutual un- whose life’s work has contributed immeas- cation and develop a work ethic that will guide derstanding among tomorrow’s leaders in that urably to cross-cultural understanding and them for the rest of their lives. conflicted region. international cooperation. I extend my deepest congratulations once Given the special and forward-thinking mis- f again to Alexander Hillman for winning the Ar- sion of the Arava Institute, it is no wonder that vada Wheat Ridge Service Ambassadors for a special and forward-thinking man such as NATIONAL ASSOCIATION OF LET- Youth award. I have no doubt he will exhibit Mr. Richman became involved with it. For dec- TER CARRIERS AND SECOND the same dedication he has shown in his aca- ades now, Mr. Richman has been one of HARVEST FOOD BANK ‘‘STAMP demic career to his future accomplishments. Pennsylvania’s foremost leaders on environ- OUT HUNGER’’ FOOD DRIVE f mental issues. A graduate of the Pennsylvania State University and the Villanova University HON. CHARLES W. DENT IN HONOR OF BILL KYSOR’S 40 School of Law, Mr. Richman has devoted OF PENNSYLVANIA YEARS OF TEACHING EXCELLENCE countless hours to environmental issues, in IN THE HOUSE OF REPRESENTATIVES government, in private practice, in academia, Tuesday, June 2, 2009 HON. PETE SESSIONS and as a volunteer. OF TEXAS Mr. Richman and his wife Dr. Elizabeth Mr. DENT. Madam Speaker, I rise today to Richman have been involved with the Arava IN THE HOUSE OF REPRESENTATIVES recognize the National Association of Letter Institute since they participated in a five-day, Carriers and the Second Harvest Food Bank Tuesday, June 2, 2009 300-mile bike ride through Israel sponsored by of the Lehigh Valley and Northeast Pennsyl- Mr. SESSIONS. Madam Speaker, I rise Arava in 2007. vania for their continued efforts in the battle today to pay tribute to Mr. Bill Kysor’s 40 Madam Speaker, I have no doubt that Mr. against hunger. years of teaching at St. Mark’s School of Richman deserves this and many other honors On May 9th, letter carriers and postal cus- Texas. I am proud to represent St. Mark’s in in recognition of his commitment both to the tomers across the country joined forces to the 32nd Congressional District of Texas. environment and to the cause of Middle East ‘‘stamp out hunger’’ in the nation’s largest sin- For forty years, Mr. Kysor has inspired peace. I ask that my colleagues join me in gle-day food drive for the 17th consecutive young men and fostered their artistic capabili- congratulating Mr. Richman on this honor. year. This also marked the 16th year that Sec- ties and appreciation. During his tenure, Mr. f ond Harvest of the Lehigh Valley and North- Kysor has taught Middle School art and Upper east PA took part in this extremely important HONORING KEVIN DUNCAN School Art Elements, Painting, and Sculpture, event. Last year this food drive collected over but he is best known for his Ceramics class. 143,000 pounds of food to help struggling In addition to his work in the studio, Mr. HON. FRANK PALLONE, JR. families in Lehigh, Northampton, Pike, Wayne, OF NEW JERSEY Kysor has introduced scores of boys to the Monroe and Carbon counties. The local effort IN THE HOUSE OF REPRESENTATIVES wonders of the outdoors during Middle School helped the National Association of Letter Car- campouts and the annual Pecos Wilderness Tuesday, June 2, 2009 riers set a new record of 73.1 million pounds Trip. Playing his beloved drums, he co-spon- Mr. PALLONE. Madam Speaker, I rise today of food collected in 2008 in the ‘‘Stamp it out’’ sors the Blues Club. Mr. Kysor also has the to honor the hard work of Kevin Duncan, a de- drive. distinction of being the only ‘‘Honorary Mem- Food banks like Second Harvest of the Le- voted member of the International Union of ber of the Science Department,’’ an honor high Valley are even more important during Bricklayers and Allied Craftworkers Adminis- awarded to him as thanks for creating the ce- economic downturns like the one we are cur- tration (BAC). On May 3, 2009 Mr. Duncan ramic Periodic Table of the Elements that rently facing. Second Harvest of the Lehigh was recognized by the Middlesex County graces the Cecil and Ida Green Science Build- Valley and Northeast Pennsylvania has seen AFL–CIO as this year’s Labor Person of the ing. the demand for assistance rise dramatically in Year. This recognition is bestowed upon a In 2006, Mr. Kysor escorted his student, the past year and has been able to help committed labor leader who has worked tire- Jason Sanford as he received a Presidential 64,000 people so far in 2009, up from 50,000 lessly on behalf of his fellow laborers. Scholar in the Arts award for his command of The BAC is an organization dedicated to in 2008. Thankfully, the generosity and com- the art of ceramics. providing fair wages, good benefits, and safe passion of their neighbors in the Lehigh Valley Mr. Kysor was appointed to the St. Mark’s working conditions. Mr. Duncan joined the and Northeast PA showed again this year as faculty on August 28, 1969, after receiving his former BAC Local #8 in 1980. As the Inter- they donated over 155,000 pounds of food ex- M.A. from Southern Methodist University. He national Union merged local unions to create ceeding last year’s total. I believe that programs like this by the Na- is an icon at St. Mark’s, and I admire him for three larger statewide organizations in New tional Association of Letter Carriers and the continuing to teach even after reaching his Jersey, Mr. Duncan continued to take on a Second Harvest Food Bank of the Lehigh Val- forty-year milestone. I wish Mr. Kysor all the more prominent role in the new Local #5. Mr. ley and Northeast Pennsylvania bring us clos- best. Duncan has been a valuable and faithful er to achieving the goal of eradicating hunger f member of the BAC for over 29 years. As a Field Representative for BAC Local #5 in our communities. Once again, I would like FRIENDS OF THE ARAVA INSTI- in 2001, Mr. Duncan held an active position in to thank these organizations for their contin- TUTE HONORING HERSHEL J. the labor movement. Three years later he un- ued efforts. RICHMAN dertook the position of Secretary on the Mid- f dlesex County Building and Construction ALEXANDER HILLMAN HON. ALLYSON Y. SCHWARTZ Trades Council AFL–CIO, where he now cur- OF PENNSYLVANIA rently works. In the past, he has also served HON. ED PERLMUTTER IN THE HOUSE OF REPRESENTATIVES as vice-presidents and recording secretary to the Middlesex County AFL–CIO Labor Coun- OF COLORADO Tuesday, June 2, 2009 IN THE HOUSE OF REPRESENTATIVES cil. Today, he is one of their most committed Ms. SCHWARTZ. Madam Speaker, I rise members and serves as the council’s treas- Tuesday, June 2, 2009 today to commend a constituent, Hershel J. urer. Mr. PERLMUTTER. Madam Speaker, I rise Richman, who is being honored on June 7, Along with his dedicated work at the Inter- today to recognize and applaud Alexander 2009 with the ‘‘Peace Building and Environ- national Union of Bricklayers and Allied

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K02JN8.005 E02JNPT1 jbell on PROD1PC69 with REMARKS E1278 CONGRESSIONAL RECORD — Extensions of Remarks June 2, 2009 Craftworkers, Mr. Duncan has been a valuable I believe that there is more good than bad HONORING THE CAREER AND AC- citizen of New Jersey. Mr. Duncan was born in this bill, but I do have some concerns with COMPLISHMENTS OF REAR AD- and raised in New Jersey, and now maintains some of the labor provisions contained in it. MIRAL JOEL R. WHITEHEAD, a home and joyful family life in the Garden In the 1996 FAA reauthorization bill, we UNITED STATES COAST GUARD State. He and his wife Penny have been mar- made a technical correction that allowed Fed- ried for 26 years and they live in Fair Haven eral Express to operate under the Rail Labor HON. HOWARD COBLE where they have raised three beautiful daugh- Act, as it always has. OF NORTH CAROLINA ters. I think to change this provision now, without IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I sincerely hope that my knowing the consequences in this economic Tuesday, June 2, 2009 colleagues will join me in celebrating the acclimate, could end up hurting our economy. complishments and hard work of Kevin Dun- I hope that we can revisit this matter in the Mr. COBLE. Madam Speaker, I take this oc- can. Organized labor in New Jersey would not future before this bill is in its final form. casion to honor Rear Admiral Joel Whitehead be the same without his determination and ex- I would also like to state that I am pleased of the United States Coast Guard for his serv- cellent service. that this bill includes provisions from legisla- ice to the United States Congress and for his f tion that I cosponsored which would restrict 38 years of service to our country. Admiral Whitehead presently serves as the MAGGIE HURSEY the use of cell phones on flights. I believe every passenger should be able to Commander of the Eighth Coast Guard District HON. ED PERLMUTTER enjoy a flight without having to listen to some- in New Orleans where he is responsible for one else’s conversation. Coast Guard operations in 26 states, over OF COLORADO Most people do not realize that they speak 1,200 miles of Gulf of Mexico coastline and IN THE HOUSE OF REPRESENTATIVES louder on a cell phone than they do during a 10,300 miles of inland waterways including the Tuesday, June 2, 2009 normal conversation. entire lengths of the Mississippi, Ohio, Mis- Mr. PERLMUTTER. Madam Speaker, I rise Cell phone conversations are often very souri, Illinois, and Tennessee River systems. today to recognize and applaud Maggie loud, insensitive to other passengers, and dis- As commander of the largest Coast Guard Hursey who has received the Arvada Wheat ruptive to others in nearby seats. District, Admiral Whitehead leads over 9,000 Ridge Service Ambassadors for Youth award. This bill is far from a perfect one. In fact, active duty, reservists, civilian members and Maggie Hursey is a senior at Ralston Valley there are other concerns that I have about Coast Guard Auxiliary volunteers. From 2003 High School and received this award because some of the other sections, including the in- to 2005, then Captain Whitehead served as her determination and hard work have allowed spections of foreign repair stations. Chief of Congressional Affairs and as Acting her to overcome adversities. This could cause the European Union to re- Assistant Commandant for Governmental and The dedication demonstrated by Maggie taliate against repair stations located here and Public Affairs. I am proud to have had the op- Hursey is exemplary of the type of achieve- potentially cost us some good paying jobs. portunity to work closely with him during this ment that can be attained with hard work and However, I feel overall that we should move time. My staff and I have often relied on Admi- perseverance. It is essential that students at this legislation forward, and I hope we can ad- ral Whitehead’s knowledge and understanding all levels strive to make the most of their edu- dress these other concerns as the process of the missions, challenges and responsibil- cation and develop a work ethic that will guide goes forward. ities of the United States Coast Guard to help them for the rest of their lives. me in my leadership roles on the Coast Guard I extend my deepest congratulations once f and Maritime Transportation Subcommittee again to Maggie Hursey for winning the Ar- and in numerous other venues where his great vada Wheat Ridge Service Ambassadors for PERSONAL EXPLANATION depth of experience was invaluable. Youth award. I have no doubt she will exhibit Admiral Whitehead comes from a distin- the same dedication she has shown in her HON. SHELLEY BERKLEY guished military family that has served this na- academic career to her future accomplish- tion since before the American Revolution. His OF NEVADA ments. oldest known ancestor, Isaac Whitehead, IN THE HOUSE OF REPRESENTATIVES f served in the militia of the New Haven Colony Tuesday, June 2, 2009 in Connecticut as early as 1643. The White- FAA REAUTHORIZATION ACT OF head family moved westward in 1666 to be- 2009 Ms. BERKLEY. Madam Speaker, I was unable to vote on rollcall Nos. 288 through 291. come founders of the Elizabethtown, New Jer- SPEECH OF Had I been present, I would have voted ‘‘aye’’ sey Colony and again to Morristown, New Jer- on Nos. 288, 289 and 291, and ‘‘no’’ on No. sey where Onesimus Whitehead was a mem- HON. JOHN J. DUNCAN, JR. 290. ber of the New Jersey militia when George OF TENNESSEE Washington encamped in Morristown the win- IN THE HOUSE OF REPRESENTATIVES f ter of 1779–80 and endured a winter as se- Thursday, May 21, 2009 vere as that at Valley Forge where thousands HONORING TEMPLE PARKS AND The House in Committee of the Whole died. His family having been awarded land for House on the State of the Union had under RECREATION their service in the Revolutionary War, Isaac consideration the bill (H.R. 915) to amend Whitehead IV moved to the Finger Lakes of title 49, United States Code, to authorize ap- HON. JOHN R. CARTER New York about 1700 where the Whitehead propriations for the Federal Aviation Admin- OF TEXAS family remained until they again traveled west- istration for fiscal years 2009 through 2012, to ward in 1826 after the opening of the Erie improve aviation safety and capacity, to pro- IN THE HOUSE OF REPRESENTATIVES Canal. The Whitehead family remained in vide stable funding for the national aviation Tuesday, June 2, 2009 system, and for other purposes: Ohio until the outbreak of World War II when Mr. CARTER. Madam Speaker, I would like Mr. DUNCAN. Mr. Chair. We have one of Admiral Whitehead’s father James entered the to commend Temple Parks and Recreation for the most efficient aviation systems in the Army and served over 20 years, retiring as a their recent honor of being named one of the world. Lieutenant Colonel. In 1968 Admiral However, we still need a great deal of im- top four departments in the country for a city Whitehead’s brother Scott also answered the provement to this system. of its size. When the American Academy for call to serve his Nation, joining the United We need to modernize our air traffic control Park and Recreation Administration honors States Marine Corps while in college and re- facilities to help make travel even more effi- one city with its National Gold Medal Award cently retiring as a Colonel in the Marine cient and reduce unnecessary delays which for Excellence, I am proud to say that one of Corps Reserve. cost our economy millions of dollars every our own cities, in Texas District 31, will be Admiral Whitehead has served at sea and year. among the elite finalists. ashore in a variety of operational and policy Our last FAA reauthorization bill expired in Congratulations to the residents, boards, tours during his career. A native of Newport 2007. Since that time we have been operating committees, city council, city administration, News, Virginia, he graduated from on temporary extensions. and department staff, whose commitment to Walsingham Academy in Williamsburg, Vir- I am glad to see that the legislation before excellence over the past several years did not ginia. He began his military career at the us today will continue these vital programs go unnoticed. I wish you all the best when the United States Coast Guard Academy in New that are needed in our aviation system. winner is named in October. London, Connecticut in 1971, where he was

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A02JN8.024 E02JNPT1 jbell on PROD1PC69 with REMARKS June 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1279 elected Class President and served as a Regi- dented 89% of the oil from that near-pristine Admiral Whitehead has earned numerous mental Commander in the year of his gradua- waterway that had just undergone a $4 billion, military decorations during his years of active tion in 1975. Ensign Whitehead first trained 10-year water quality improvement project. duty, including the Legion of Merit, the Meri- new Cadets of the Class of 1979 as a Sum- In 2001, Captain Whitehead was transferred torious Service Medal, the Coast Guard Com- mer Ensign at the Coast Guard Academy. He early to begin his close association with the mendation medal, the 9/11 medal, as well as then went to Governor’s Island, New York, to Gulf of Mexico when he was selected as Chief numerous unit commendations and team serving two years aboard the cutter MOR- of Staff of the Eighth Coast Guard District. awards. He has also received a number of GENTHAU as Anti-Submarine Officer, Weap- There he managed the day-to-day operations other honors, including being named the Dis- ons Officer and Deck Watch Officer. He later of a 200 person staff and 9,000 Coast Guard tinguished Alumnus in Public Administration & served as Executive Officer of Marine Safety men and women located at sub-units through- Policy for 2007 at the State University of New Office, Albany, New York. There, for the first, out the heartland of America and the Gulf of York at Albany. He is also an Honorary Master but not last time in his career, he led the Mexico. He was there only a few months Chief Petty Officer of the Coast Guard, a rec- Coast Guard’s response to an environmental when the attacks of 9/11 occurred and, as act- ognition which the Admiral is most proud of. crisis when he was second in command during District Commander, he personally led the Over the years, Admiral Whitehead has also ing the first ‘‘Superfund’’ cleanup in the na- federal maritime homeland security response been able to serve his alma maters as a Di- tion’s history. on the inland waterways, Gulf of Mexico ports rector of the U.S. Coast Guard Academy After earning a Master’s Degree in Public and offshore oil and gas fields. Recalling over Alumni Association and from 1999–2003 as a 800 Reservists to protect the Nation’s busiest Administration at the State University of New member and Chairman of the Alumni Execu- ports and the energy gateway to America, he York at Albany, Lieutenant Commander White- tive Council at the John F. Kennedy School of reorganized the District staff to include the first head and his family accepted their first tour in Government at Harvard University, which rep- Homeland Security staff element in the Coast Washington, D.C., where they spent some 12 resents more than 20,000 alumni in 120 na- Guard. years during his career. There, he helped ne- tions. gotiate the worldwide implementation of inter- Returning to Washington in 2003, Captain Whitehead assumed the reigns of the Coast This week, Admiral Whitehead will leave his national MARPOL Treaty at the International post in New Orleans and retire after 38 years Maritime Organization in London and subse- Guard’s relations with Capitol Hill as the Chief of Congressional Affairs. There he managed of honorable service to the Coast Guard and quently wrote the U.S. federal regulations to the Nation. He will be missed as a military enforce them in the United States. When the some 25 young Coast Guard men and women at DOT Headquarters, in the House of Rep- congressional affairs alumnus in the United EXXON VALDEZ disaster occurred in 1989, resentatives and the Senate, and organized States House of Representatives and Senate. Lieutenant Commander Whitehead was as- over 100 Congressional and staff delegation It has been my pleasure to work with Admiral signed for two weeks to assist the Admiral in visits to the field. It was there I met Captain Whitehead over the years. On behalf of all charge of the cleanup. He ultimately stayed for Whitehead as he worked the many policy and who have also been able to work with him, we almost a year as an adviser to the Federal budget issues including the growing Deep- wish Admiral Whitehead, his wife Martha, On-Scene Coordinator and later wrote the fed- water acquisition project, homeland security whom I have had the pleasure of knowing for eral report detailing the government’s re- and port security issues. many years, and his two wonderful daughters sponse and recommendations that came from While Chief of Congressional Affairs, he Christine, a medical student at the Virginia the lessons learned from this historic event. was promoted to Rear Admiral in 2004 and of- College of Osteopathic Medicine in Following the EXXON VALDEZ response in ficially became the Assistant Commandant for Blacksburg, Virginia and Katherine, a fine art Alaska, Lieutenant Commander Whitehead re- Governmental and Public Affairs. As the heart- photography major who will graduate this year turned to Washington, D.C., to assist in imple- rending events of Hurricanes KATRINA and from the Corcoran College of Art and Design menting the newly passed Oil Pollution Act of RITA unfolded in 2005, Admiral Whitehead here in Washington, the best in their future en- 1990 and later served as a Program Reviewer ably represented the Coast Guard in Wash- deavors. for the Coast Guard’s budget where he was ington as a national spokesman alongside the f responsible for program oversight and devel- Secretary of Homeland Security and provided opment for almost one-third of the Coast numerous briefings to Members of Congress HONORING RIVERDALE HIGH Guard’s operating budget. He also led the and Congressional committee staffs. In addi- SCHOOL LADY WARRIORS ON Coast Guard’s efforts with the new presidential tion, he orchestrated an extraordinary and ex- WINNING THE 2009 TSSAA CLASS administration’s transition team in 1992. pansive media effort documenting the Coast AAA GIRLS’ STATE SOFTBALL Again in the field from 1993 to 1996, Com- Guard’s historic response to that natural trag- CHAMPIONSHIP mander Whitehead was assigned as Deputy edy. Group Commander of Group Woods Hole, In 2006, Admiral Whitehead volunteered to HON. BART GORDON Massachusetts, where his group responded to return to New Orleans, this time to lead the OF TENNESSEE more than 4,000 law enforcement boardings Eighth Coast Guard District. Faced with the IN THE HOUSE OF REPRESENTATIVES and 5,400 search and rescue cases resulting rebuilding of many Coast Guard facilities de- Tuesday, June 2, 2009 in over 450 lives saved. In 1996, Commander stroyed or damaged during the hurricanes, he Whitehead was selected to study for a year prepared the staff for more hurricanes and Mr. GORDON of Tennessee. Madam with 17 select military officers as a National tropical storms, as well as the ubiquitous Speaker, I rise today to recognize the 2009 Security Fellow at Harvard University’s John flooding from the inland river system. During Riverdale High School Lady Warriors for win- F. Kennedy School of Government. From that his tenure, the Coast Guard responded flaw- ning their first TSSAA Class AAA State Soft- elite educational experience he again found lessly to over 8,100 search and rescue cases. ball Championship. himself in Washington working for the Com- Then in 2008, during the fifth most active In a best of three series, the Lady Warriors mandant of the Coast Guard as the Chief of weather year since 1944, Admiral Whitehead fought back after a game-one loss and beat Strategic Planning for the U.S. Coast Guard. led his Eighth District team through Tropical Beech High School’s Lady Buccaneers two There his team developed the Coast Guard’s Storms EDOUARD, FAY and HANNAH, as games in a row to secure the tournament strategic vision, Coast Guard 2020 and pio- well as Hurricanes DOLLY, GUSTAV and IKE championship. They showed tenacity and per- neered a scenario-based planning process to in which 220 people were saved. In the largest severance to emerge as victors, and finished develop long-range strategies to plot the oil spill in many years in New Orleans when the season with an overall record of 47–7. Coast Guard’s future. the motor vessel TINTOMARA and the tug I know the parents of these young ladies It was not long afterward that Captain MEL OLIVER collided on the Mississippi river, must be very proud, and much credit is due to Whitehead was in command in Boston as Sector New Orleans and the Eighth District re- them for their many hours of support, attend- Commanding Officer of Marine Safety Office sponded immediately and effectively, partially ing practices and games, helping with fund- Boston. There he managed the explosive opening the port to traffic within days and fully raisers and volunteering when needed. growth of Liquefied Natural Gas transits opening it within two weeks to prevent a multi- I commend Riverdale High School Head through the port, Sail Boston 2000 and led the billion dollar economic loss. The Midwest Coach Jeff Breeden and Assistant Coaches federal response to the largest oil spill in Bos- floods of Iowa and Missouri in 2008 also set Dennis Weaver and Falon Catalano, Athletic ton’s history: the 2000 Tank Vessel records, only to be surpassed in 2009 by the Director Barry Messer, and Principal Tom POSAVINA spill, which put over 59,000 gal- flooding of the Red River of the North in which Nolan. lons of fuel oil in the harbor. Under his leader- the Coast Guard rescued by helicopter and I congratulate each player of the 2009 AAA ship the Coast Guard collected an unprece- small boats over 105 people. State Champion Lady Warrior Softball Team:

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K02JN8.021 E02JNPT1 jbell on PROD1PC69 with REMARKS E1280 CONGRESSIONAL RECORD — Extensions of Remarks June 2, 2009 Kacie Walker, Amber Castleman, Amber Bai- HONORING THE HISTORY OF THE position of Midwest apprentice coordinator for ley, Anne Russell, Samantha Hoadwonic, MAD RIVER AND LAKE ERIE the union for 35 years. He traveled the region Megan Chesney, Hannah Porter, Alice RAILROAD to oversee the training of young people in his O’Brien, Maria Frebis, Morgan Lester, profession. Courtney Clark, Breana Thomas, Donte´ HON. JIM JORDAN It was Tom’s connection to and involvement Souviney, Brittany Pendergrast, Ashia Terry, OF OHIO in his community that his friends will remem- Jessica Ayers, Mary Beth Canterberry, Megan IN THE HOUSE OF REPRESENTATIVES ber. He was an active member of St. Eu- Kelley, Taylor Lee, Casey Clark, Kelsey gene’s Parish. Not only had he served as an Tuesday, June 2, 2009 Choate, Dene´ Souviney, Leslie Cope, Tara usher for 55 years, he also served as a youth Greer, Amy Russell, Megan Quinn, Rachel Mr. JORDAN of Ohio. Madam Speaker, I basketball coach and a member of the Big Albritton, and Katie Brown. am honored to commend to the House the Brother program. He had a smile and kind work of the Champaign County Bicentennial word for everyone f Historical Marker Committee and the West Tom’s top priority was always his family and Central Ohio Port Authority to promote the his- the love and support they provided him was IN HONOR OF JAY LENO tory of the Mad River and Lake Erie Railroad. most important in his life. In 1948 he married The Mad River and Lake Erie Railroad was his high school sweetheart, Irene Feehan, and chartered by the State of Ohio in 1832, mak- together the couple raised eight children. His HON. DENNIS J. KUCINICH ing it both the first chartered railroad in Ohio family includes their daughter, Barbara and the first to be built west of the Allegheny Wiemhoff and her husband John, their daugh- OF OHIO Mountains. Groundbreaking ceremonies took ter, Nancy Cullerton and her husband Tim, IN THE HOUSE OF REPRESENTATIVES place in 1835 in Sandusky, attended by Gen- and their sons; Thomas III and his wife, Janis, eral William Henry Harrison (the first of eight James and his wife, Lin, Dan and his wife, Tuesday, June 2, 2009 Presidents to hail from the Buckeye State) and Sue, Patrick and his wife, Laura, and Terrence Mr. KUCINICH. Madam Speaker, I rise Ohio Governor Joseph Vance. and his wife, Jean; 26 grandchildren and four great-grandchildren. After a long illness, Irene today in honor of Mr. Jay Leno, whose By 1848, more than 130 miles of track were passed away in 1997. comedic talent charmed audiences across the completed from Sandusky to Springfield at a Madam Speaker, Thomas R. Allen, Jr. (‘‘the nation, as he steps down as host of the To- cost of roughly $1.75 million. Urbana resident real Tom Allen’’) was an inspiration to all who night Show after seventeen seasons. As John H. James, who served as treasurer of the railroad, was instrumental in securing lines knew him. I wish to express my deepest con- Americans tuned in every night, Jay’s hilarious of credit to fund rail construction and early op- dolences to his family, and may God bless the insights and observations whisked away our erations of the line. Allen family and the memory of a man who worries, if only for a brief time. The rail line was eventually expanded to tie was truly loved by his family, his friends, and Jay began his career in night clubs across in with the Little Miami Railroad, allowing for his community. the country, perfecting his stand-up routine. As continuous rail service from Lake Erie to the f his career took off, he earned small roles in Ohio River through western Ohio. TV and film, but hit the comedic goldmine in After numerous mergers, the Mad River and FAA REAUTHORIZATION ACT OF the early eighties when he was invited to per- Lake Erie Railroad ultimately became part of 2009 form on The Tonight Show Starring Johnny Conrail, which has since been divided be- SPEECH OF Carson and Late Night with David Letterman. tween the Norfolk Southern Railway and CSX For many years, Jay served as Johnny Car- Transportation. The West Central Ohio Port HON. PATRICK J. TIBERI son’s permanent guest host. Following Car- Authority acquired portions of the old Mad OF OHIO son’s retirement, Jay debuted as the new host River track in 1994 to ensure continued freight IN THE HOUSE OF REPRESENTATIVES of the Tonight Show on May 25, 1992. His rail service between Bellefontaine and Spring- Thursday, May 21, 2009 work has been honored numerous times with field. several awards and nominations, including his On June 6, two historical markers cele- The House in Committee of the Whole Emmy win in 1995. House on the State of the Union had under brating the history of the line will be dedicated consideration the bill (H.R. 915) to amend Beyond his professional success and in Urbana. I am honored to join the Cham- title 49, United States Code, to authorize ap- achievements,, Jay Leno’s character has not paign County Bicentennial Historical Marker propriations for the Federal Aviation Admin- changed. A humble man with a compas- Committee, the West Central Ohio Port Au- istration for fiscal years 2009 through 2012, to sionate heart and strong sense of responsi- thority, and Bellevue’s Mad River and Lake improve aviation safety and capacity, to pro- bility toward others, both Jay and his wife, Erie Museum in commemorating this event. vide stable funding for the national aviation system, and for other purposes: Mavis Nicholson Leno, have consistently f avoided the fanfare and flashing lights of ce- Mr. TIBERI. Mr. Chair, I am submitting the HONORING THE MEMORY OF exchange of letters between Ways and Means lebrity, working behind the scenes to further THOMAS R. ALLEN, JR. the causes of many charities and humanitarian Committee Chairman CHARLES B. RANGEL, efforts. Mavis is the Chair of the Feminist Ma- Representative JOHN B. LARSON and myself jority’s Foundation’s Campaign to Help Afghan HON. MIKE QUIGLEY regarding the tax treatment of fractionally- Women and Girls, and has been an outspoken OF ILLINOIS owned aircraft.’’ advocate and activist on behalf of women’s IN THE HOUSE OF REPRESENTATIVES HOUSE OF REPRESENTATIVES, rights in America and around the world. Jay Tuesday, June 2, 2009 Washington, DC, May 21, 2009. Hon. CHARLES B. RANGEL, has consistently invested his time, talents and Mr. QUIGLEY. Madam Speaker, I rise today Chairman, Committee on Ways & Means, Long- resources on behalf of several charities. He to honor the memory of a great and respected worth House Office Building, Washington, has a record of supporting our men and Chicagoan, Thomas R. Allen, Jr., who recently DC. women in the military, and has made count- passed away at the age of 85. Thomas Allen DEAR CHAIRMAN RANGEL: We write to you regarding the tax treatment of fractionally- less free appearances to audiences made up Jr. was a man who lived life to the fullest, and of families and individuals in need, including owned aircraft and ask that you carefully the friends and family he had are a testament consider this issue as you continue work on most recently, laid-off auto workers in Detroit, to the quality of his character and the type of Michigan. H.R. 915, the FAA Reauthorization Act of man he was. 2009. Madam Speaker and Colleagues, please Thomas R. Allen, Jr. was born on the 12th Under current law, fractional aviation is join me in honor and recognition of Mr. Jay of February, 1924 on the West Side of the city treated as commercial aviation for taxation Leno as he steps down as host of the Tonight of Chicago. He achieved his success in life purposes. However, the Federal Aviation Ad- Show with Jay Leno. From his commitment to through hard work and determination. He fol- ministration treats fractional aviation as non-commercial, general aviation operations social service and various causes behind the lowed his own father into the bricklayers’ trade for regulatory purposes. We believe that the scenes, to making us laugh day after day, Jay after serving as a marine during World War II. current Federal tax law should be modified Leno’s contributions continue to lift the heart After his service, Tom became involved with so that, going forward, it properly reflects and soul of our entire nation, one joke and Local 21 of the International Union of Brick- this regulatory treatment. In addition, we one kind gesture at a time. layers and Allied Craftworkers. He held the recommend that an appropriate adjustment

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K02JN8.022 E02JNPT1 jbell on PROD1PC69 with REMARKS June 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1281 in the aviation fuel excise taxes be placed on operations. My office has been contacted on patch of land, empty except for a solitary gum the fractional aviation community. It is im- this issue as well. In the last Congress, Ms. tree, and built a place of belonging for many portant to note that both of these rec- Tubbs Jones supported changing the tax Americans who, sadly, were marginalized and ommendations are fully supported by the treatment of these operations from commer- fractional aviation community and are con- cial to non-commercial aviation before she discriminated against in general society. De- sistent with the agreement reached on this passed away and I appreciate your efforts to spite the hardships they were forced to en- issue last year by the Senate Finance and take up this issue in her place. Last year, dure, the residents persevered and prospered Commerce Committees. the Senate Finance and Commerce Commit- and the Gum Springs Community is a vibrant We had originally hoped to raise this issue tees reached an agreement on this matter home to 2,500 people today. during the Committee’s mark-up on the when the Senate considered the FAA reau- Madam Speaker, I ask that my colleagues aviation tax provisions of the FAA Reau- thorization bill. The Senate never completed join me in congratulating the Gum Springs thorization Act of 2009. In the absence of this action on that bill so we were unable to con- opportunity, we ask for your commitment to Community on its One-hundred and seventy- sider it in conference before the end of the fifth anniversary, and thank the Gum Springs continue to work with us on this issue as Congress. this legislation moves forward. This year, we had a very brief window be- Historical Society for preserving the heritage Sincerely, tween the Committee’s hearing on aviation and courage of those first residents who over- PATRICK J. TIBERI. taxes and floor action. To accommodate that came tremendous challenges and successfully JOHN B. LARSON. schedule, we chose to bring the bill to the raised their families and created a lasting floor without a mark-up of the revenue title. community. HOUSE OF REPRESENTATIVES, In those circumstances, I felt that it was not f COMMITTEE ON WAYS AND MEANS, fair to Committee members for the title to Washington, DC, May 21, 2009. include new material and thus, after con- TRIBUTE TO VINCENT J. Hon. JOHN B. LARSON, sulting with our Ways and Means colleagues, TORNELLO House of Representatives, we opted to move a revenue title whose sub- Washington, DC. stance is identical to that passed by the DEAR CONGRESSMAN LARSON: Thank you for House in the last Congress. HON. THOMAS S.P. PERRIELLO writing me to express your interest in the I want to thank you for cooperating in OF VIRGINIA tax treatment of fractionally-owned aircraft that effort. Unfortunately, that process IN THE HOUSE OF REPRESENTATIVES operations. My office has been contacted on made it impossible for us to give the tax this issue as well. In the last Congress, Ms. treatment of fractionally-owned aircraft the Tuesday, June 2, 2009 Tubbs Jones supported changing the tax attention and consideration it deserves. Ac- Mr. PERRIELLO. Madam Speaker, today I treatment of these operations from commer- cordingly, I would like to indicate that our recognize Vincent J. Tornello upon his com- cial to non-commercial aviation before she failure to address the matter in the FAA bill passed away and I appreciate your efforts to is not the last word on the matter. If the pletion of 37 years of service to Virginia’s Fifth take up this issue in her place. Last year, Senate acts on the bill, we will have a con- District. As conductor of the Charlottesville the Senate Finance and Commerce Commit- ference committee. And there is a strong High School musical ensemble since 1972, he tees reached an agreement on this matter possibility that the Senate may include pro- has imparted to thousands of young students when the Senate considered the FAA reau- visions related to fractional operations in its the lasting gift of a musical education, and it thorization bill. The Senate never completed bill. At this point, I am not aware of any op- is an honor to acknowledge his contribution to action on that bill so we were unable to con- position to the proposal but believe we need the community. sider it in conference before the end of the to take a closer look to verify that there are Congress. Vincent Tornello was born and raised in no objections to or problems with changing Oceanside, New York. He began conducting This year, we had a very brief window be- the tax treatment of fractionally-owned air- tween the Committee’s hearing on aviation craft operations. I have asked my staff to at age 17, and went on to earn his under- taxes and floor action. To accommodate that take a closer look at the issue and promise graduate degree at the Shenandoah Conserv- schedule, we chose to bring the bill to the to keep working with you as this legislation atory of Music, where he studied alto saxo- floor without a mark-up of the revenue title. moves forward. phone, flute, and piano; and his master’s de- In those circumstances, I felt that it was not Sincerely, gree at the University of Virginia. During his fair to Committee members for the title to CHARLES B. RANGEL, time at Charlottesville High School, Mr. include new material and thus, after con- Chairman. sulting with our Ways and Means colleagues, Tornello was the recipient of numerous acco- we opted to move a revenue title whose sub- f lades and honors from the community and be- stance is identical to that passed by the RECOGNIZING THE ONE-HUNDRED yond, including Sousa Foundation’s Legion of House in the last Congress. AND SEVENTY-FIFTH ANNIVER- Honor Award and membership in the Virginia I want to thank you for cooperating in SARY OF THE GUM SPRINGS Band Hall of Fame. Under his tutelage, Char- that effort. Unfortunately, that process lottesville High School bands have been made it impossible for us to give the tax COMMUNITY treatment of fractionally-owned aircraft the named a Virginia Honor Band 27 out of 28 attention and consideration it deserves. Ac- possible years, received superior ratings for HON. GERALD E. CONNOLLY 28 consecutive years at the state marching cordingly, I would like to indicate that our OF VIRGINIA failure to address the matter in the FAA bill band festival, and performed at the 1998 Cot- IN THE HOUSE OF REPRESENTATIVES is not the last word on the matter. If the ton Bowl Parade and the 1993 Fiesta Bowl Senate acts on the bill, we will have a con- Tuesday, June 2, 2009 Parade. ference committee. And there is a strong Mr. CONNOLLY of Virginia. Madam Speak- Throughout his career, Mr. Tornello has possibility that the Senate may include pro- challenged each student to grow not only in visions related to fractional operations in its er, I rise today to recognize the One-hundred bill. At this point, I am not aware of any op- and seventy-fifth anniversary of the Gum musical skill, but also in discipline and an ap- position to the proposal but believe we need Springs Community in Alexandria, Virginia. preciation for the process of making music. to take a closer look to verify that there are The Gum Springs Historical Society celebrated Described as ‘‘tough, but inspiring’’ by his stu- no objections to or problems with changing the anniversary on May 16, 2009. dents, he has encouraged young people of the tax treatment of fractionally-owned air- Gum Springs is an African-American com- varying backgrounds, abilities, and unique tal- craft operations. I have asked my staff to munity founded in 1833 by West Ford, a freed ents to take pride in the dedication and team- take a closer look at the issue and promise slave. West previously was owned by John work required to meet high standards of to keep working with you as this legislation Augustine Washington and frequently accom- achievement. In helping each student reach moves forward. Sincerely, panied John’s brother, General George Wash- his or her potential, he has created accom- CHARLES B. RANGEL, ington following the Revolutionary War. As a plished ensembles of young musicians dedi- Chairman. freed man, West inherited 160 acres from the cated to ensuring the school music program’s Washington family adjacent to Mount Vernon continued success. HOUSE OF REPRESENTATIVES, which he later sold to acquire a nearby tract Although Mr. Tornello’s legacy partly con- COMMITTEE ON WAYS AND MEANS, of 214 acres that became the basis of the tinues, his students have been inspired to Washington, DC, May 21, 2009. Gum Springs Community. enter the field of music and performing arts as Hon. PATRICK J. TIBERI, West Ford’s Gum Springs Community be- a career, his students who have chosen a dif- House of Representatives, Washington, DC. came a refuge for freed and runaway slaves ferent path have noted the lasting impact of DEAR CONGRESSMAN TIBERI: Thank you for before the Civil War, and the residents built the life lessons learned under his guidance. writing me to express your interest in the homes, became farmers and loggers and Mr. Tornello has taught thousands of young tax treatment of fractionally-owned aircraft worked in other various trades. They took a people to strive for personal excellence and

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A02JN8.029 E02JNPT1 jbell on PROD1PC69 with REMARKS E1282 CONGRESSIONAL RECORD — Extensions of Remarks June 2, 2009 find satisfaction and fulfillment in a job well her work to build bridges and connect commu- American Heart Association/American Stroke done. On behalf of the City of Charlottesville nities through the arts in the Lehigh Valley, the Association. and Virginia’s Fifth District, I thank Mr. United States, and the world. She has made At the annual Have A Heart Ball, the Com- Tornello for his generosity and devotion in our community extremely proud. munity Leadership Award is given in recogni- sharing his talent throughout the years and f tion of outstanding and consistent dedication wish him all the best in his retirement. to the well-being of Ocean and Monmouth HONORING CHARLES ROSE f County Communities. The American Heart As- sociation is in need of allies in its attempt to HONORING PATTY CARLIS AS THIS HON. GEORGE RADANOVICH combat cardiovascular disease and stroke, YEAR’S WALLENBERG TRIBUTE OF CALIFORNIA and I can safely say that it has found two in HONOREE the HealthSouth Rehabilitation Hospitals of IN THE HOUSE OF REPRESENTATIVES New Jersey Tinton Falls and Toms River. HON. CHARLES W. DENT Tuesday, June 2, 2009 The services of these two hospitals have OF PENNSYLVANIA Mr. RADANOVICH. Madam Speaker, I rise been invaluable to their local communities. Serving 4,000 inpatients and 28,000 out- IN THE HOUSE OF REPRESENTATIVES today to honor the life of Charles Rose for his dedication to his family and community. Mr. patients annually, the hospitals of Tinton Falls Tuesday, June 2, 2009 Rose passed away on Saturday, May 23, and Toms River are committed in their care Mr. DENT. Madam Speaker, I rise today to 2009 at his home in Fresno, California after a for the community. This commitment begins at honor my constituent, Patty Carlis, as a com- two and a half year battle with cancer. the top with Linda A. Savino, Chief Executive munity leader in the arts and interfaith under- Charles Rose was born on August 12, 1938 Officer of the Tinton Falls hospital, and Patty standing. in Kansas City, Missouri. His family moved to Ostaszewski, Chief Executive Officer of the At the 25th annual Wallenberg Tribute Din- the San Joaquin Valley in 1943. As a teenager Toms River hospital. Their devotion to this ner on Sunday, April 19, 2009 Patty was rec- Mr. Rose worked in the fields, canneries and honorable cause shows that they are truly de- ognized as this year’s Wallenberg Tribute the Port of Stockton. He graduated from serving of this award. The areas of Tinton Falls and Toms River Honoree. The award, given by the Institute for Stockton College High School in 1956. Upon are undoubtedly better off with the presence of Jewish Christian Understanding (IJCU) at graduation he was recruited to play major Muhlenberg College, is named for Raoul these hospitals. HealthSouth has become part league baseball as a pitcher; he did not take of these communities through charitable sup- Wallenberg, a Swedish diplomat who saved this opportunity, but instead chose to serve his port, community education programs, and sup- tens of thousands of Hungarian Jews from the country in the United States Marine Corps. Mr. port on local and state-wide initiatives. More- Nazis during the Second World War. He was Rose served in the Corps from 1958 through over, HealthSouth has contributed to various taken into Soviet custody just days after Buda- 1966. initiatives such as the Shoreline Start! NJ pest was liberated and was never again ac- Prior to his military service Mr. Rose met Heart Walk, Go Red For Women movement, counted for by Western sources. Each year the love of his life, Bonnie Jean. He and and the Have a Heart Ball. I am sure that this since 1989, the Wallenberg Tribute has hon- Bonnie were married in August, 1964. After commitment will continue as time goes on. ored one or more local individuals who are life in the military, they settled down in Fresno Madam Speaker, I sincerely hope that my recognized for their courageous moral action and Mr. Rose began working at Foster Farms colleagues will join me in congratulating on behalf of others. Patty’s lifetime of work Dairy. He worked there for many years as a HealthSouth Rehabilitation Hospitals of New makes her truly deserving of such an honor. distributor. He was well-known for his black Jersey Tinton Falls and Toms River on this Patty served as the IJCU’s Schools Pro- 1927 Ford Model T that he drove to work achievement and thanking their employees for gram Coordinator from 2000–2006 and before every day and to the Fig Garden Golf Course their service to the community. Their accom- that was responsible for creating the Youth on the weekends. Mr. Rose was a devoted plishments will continue to benefit and inspire and Prejudice Conference in 1995. The con- husband, father and grandfather. my constituents and future generations. ference, held each spring on Muhlenberg Col- Mr. Rose was preceded in death by his f lege’s Campus in Allentown, has reached over mother and father, Pearl and Harold Rose and 15,000 students in the Lehigh Valley. Students his precious daughter, Felecia Ann. He is sur- RECOGNIZING GERALD O. are able to be a part of a live theatrical per- vived by his wife of forty-four years; his chil- GUSTAFSON formance while learning valuable lessons dren, daughter Michelle and Wayne Ransier of about interfaith and cultural tolerance. By Stockton, son Darren and Lisa Rose of Clovis, HON. MIKE QUIGLEY meeting with Holocaust survivors and relatives and daughter Linda Banks of Rocklin; his OF ILLINOIS of survivors they learn firsthand about preju- grandchildren, Brittany, Ashten, Sarah and IN THE HOUSE OF REPRESENTATIVES dice and bigotry. The conference teaches stu- Grace; and his sister Vermona Geigel of Tuesday, June 2, 2009 dents valuable lessons about human rights Stockton. Mr. QUIGLEY. Madam Speaker, I rise today and that their own dignity and that of others Madam Speaker, I rise today to post- in recognition of Gerald ‘‘Jerry’’ Gustafson, a depends on the choices they make each day. humously honor Charles Rose. I invite my col- member of my staff. Next Friday, May 29th, is Throughout her career, Patty has been able leagues to join me in honoring his life and Jerry’s last day as a Congressional Aide in our to combine her commitment to tolerance and wishing the best for his family. office. Jerry has been serving the people of interfaith understanding with her passion for f the Fifth Congressional District of Illinois for the arts and education. Since 2000 she has HONORING HEALTHSOUTH REHA- many years. been part of the theatre faculty of Muhlenberg Jerry was born on the North West Side of BILITATION HOSPITALS OF NEW College and each year leads her students in the City of Chicago. His working experience JERSEY TINTON FALLS AND the production of the play The Library: the spans from working in private industry as a TOMS RIVER story of a Jewish girl in Nazi Germany. This personnel manager; a union representative at play, which puts a human face on the history Central States Joint Board; and State of Illi- of the Holocaust, is performed at elementary HON. FRANK PALLONE, JR. nois Department of Veterans’ Affairs. He has schools across the Lehigh Valley each spring. OF NEW JERSEY been working in the Fifth Congressional Dis- Most recently, Patty has implemented after- IN THE HOUSE OF REPRESENTATIVES trict Office having joined my predecessor school drama programs in the Allentown Tuesday, June 2, 2009 Rahm Emanuel’s staff in 2006. School District. Now students who attend Roo- Jerry worked hard to develop close relation- sevelt Elementary, Central Elementary, and Mr. PALLONE. Madam Speaker, I rise today ships with the many congressional liaisons Trexler Middle School have had the oppor- to honor the accomplishments of HealthSouth and always knew the right person to contact tunity to explore and express themselves Rehabilitation Hospitals of New Jersey Tinton for a constituent in need. Jerry always went through the arts under the guidance and su- Falls and Toms River. Throughout the years, above and beyond to provide assistance to pervision of Muhlenberg theatre, music and employees within these hospitals have worked those who were unable to access alternate dance majors. Patty is passionate about the to rehabilitate those who are fighting heart dis- means of assistance. He calmly dealt with power of the arts to spark imaginations, moti- ease and stroke. On May 30, 2009, their ac- many difficult circumstances. vate learning and develop life skills. complishments earned them the American Jerry has been an extraordinary asset to my Madam Speaker, in closing, I would like to Heart Association Have A Heart Ball Commu- office as we’ve managed the transition proc- offer my sincere gratitude to Patty Carlis for all nity Leadership Award, presented by the ess. It has been a lot of hard work, but that

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A02JN8.032 E02JNPT1 jbell on PROD1PC69 with REMARKS June 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1283 is nothing new to Jerry. Whether it was raising THE PRESERVATION OF Ralph will be remembered for his active in- his two sons, Glenn and Kevin, with his wife, ERDENHEIM FARM volvement in the development and growth of Barbara, working long hours, or volunteering Tempe’s first professional fire department. He in the community and the 32nd Ward Regular HON. ALLYSON Y. SCHWARTZ gained valuable experience in the 1950s as a Democratic Organization, he has given his all OF PENNSYLVANIA volunteer Tempe fireman, long before the for- every step of the way. IN THE HOUSE OF REPRESENTATIVES mation of a paid fire department. In 1961, he, along with 10 others, established the Tempe Jerry’s family has always been a priority in Tuesday, June 2, 2009 his life and the love and support they provide Fire Department. Ralph earned the first ever is the most important thing to him. Ms. SCHWARTZ. Madam Speaker, I rise to Fireman of the Year award in 1963 for his mark a significant victory in my district for dedication and work ethic. Finally, after 20 I wish Jerry all the happiness in the future open space preservation in Pennsylvania and years of service, he was the last member of and thank him for his service to the people of the United States. Yesterday, an agreement the original force to retire. Illinois’ Fifth Congressional District. was finalized to permanently protect 426 acres In addition to Ralph’s extensive career of the 450-acre Erdenheim Farm in achievements, he was also known for his role f Whitemarsh and Springfield Townships. as a mentor. Many young firefighters looked PAYING TRIBUTE TO CONGRES- The conservation of this property will be- up to him and learned priceless lessons, chief SIONAL MEDAL OF MERIT STU- come the centerpiece of 2,000 acres of open among them to take pride in one’s work. To- DENTS space between Fairmount Park in Philadelphia gether, he and his wife Shirley helped estab- and Fort Washington State Park in lish an annual picnic for retired Tempe fire- Whitemarsh, Pennsylvania. It will also ensure fighters, which the union plans to rename the HON. BILL POSEY the completion of a regional trail network be- Ralph Blanton Retirees Picnic for Tempe fire- tween Fort Washington Park and the Morris fighters in his honor. OF FLORIDA Arboretum that has been envisioned since Madam Speaker, please join me in com- IN THE HOUSE OF REPRESENTATIVES 1899. memorating the life of Ralph Blanton and re- Erdenheim Farm has been working agricul- membering the strong and positive impact he Tuesday, June 2, 2009 tural land since the days of William Penn. It left on his community and the many people Mr. POSEY. Madam Speaker, I rise to was purchased in 1912 by George D. Widener who knew and loved him. honor the accomplishments of 26 distin- Jr, son of the streetcar magnate. In 1971, f guished high school students from Florida’s Widener bequeathed the property to his neph- HONORING MARY CRISALLI Fifteenth District. I was proud to award the ew, Fitz Eugene Dixon Jr. Mr. Dixon main- SANSONE AND ZACHARY SANSONE Congressional Medal of Merit to these stu- tained the property as a working farm raising dents during a ceremony at the Brevard Coun- cattle, sheep, and thoroughbred horses until ty Government Complex on June 1, 2009. his death in 2006. HON. MICHAEL E. McMAHON These graduating seniors were nominated The preservation of Erdenheim Farm is a OF NEW YORK by their schools for the Congressional Medal remarkable example of the excellent work that IN THE HOUSE OF REPRESENTATIVES of Merit. To be nominated, each student dem- can be accomplished through public-private Tuesday, June 2, 2009 onstrated exemplary citizenship and academic partnerships leveraging local and state funds. There are many organizations that deserve Mr. MCMAHON. Madam Speaker, I rise excellence throughout their high school ca- today to acknowledge, congratulate and cele- reers. recognition: the descendents of the Dixon Es- tate for their willingness to work with con- brate the 93rd Birthday of a prominent Brook- These young men and women have dem- servationists to protect the farm; Peter and lyn community activist and civil rights trail- onstrated an outstanding sense of service to Bonnie McCausland, for purchasing 259 acres blazer, Mary Crisalli Sansone and the 93rd their peers, schools and communities. Hon- of the estate and placing all but 23 of those Birthday of her beloved and devoted husband oring their achievements with the Congres- acres under conservation easements; the of 60 years, Zachary Sansone. sional Medal of Merit is a privilege and I con- Whitemarsh Foundation led by Hugh Moulton Since her early days of union organizing gratulate each of them along with their par- for its efforts to acquire 189 acres using $26 with her father, to her involvement with the ents, family, teachers and community. To- million in state and local grants, tax revenue, late Bayard Rustin of the civil rights move- gether, this group of students represents the and private donations; the Natural Lands Trust ment, Mary has fought for social justice and best and brightest America has to offer: led by Molly Morrison, for its expertise in put- human rights throughout her life. Brevard County: James Brandenburg, ting this deal together and enforcing the ease- Mary is the founder of three very influential Cocoa High School; Lance Freeberg, Viera ments on the land; and state, county, and New York City organizations. Mary organized High School; Charlene Gracia, Florida Air local officials who also deserve immense cred- the first coalition of African Americans, Latinos Academy; Michelle Grubka, Melbourne High it for their willingness to secure the necessary and Italians in New York City in the 1960s to School; George Holstein Ill, Community Chris- funding to make this happen. promote racial harmony, which resulted in the tian School; Ashley Lipscomb, Rockledge High I ask that the full House of Representatives formation of an organization comprised of School; Bryan Maxwell, Holy Trinity Episcopal join me in congratulating everyone that made community leaders known as CURE, Commu- Academy; Aaron Mayer, Merritt Island High this historic accomplishment possible. On be- nity Understanding for Racial and Ethnic School; Lindsay Miller, Palm Bay High School; half of the residents of Philadelphia and Mont- Equality. CURE builds bridges between all ra- Jared Mushell, Eau Gallie High School; Bao- gomery Counties, I acknowledge and appre- cial, ethnic and religious groups to promote Uyen Nguyen, Edgewood Jr./Sr. High School; ciate this important work and the opportunity it tolerance through education and cooperation. Katherine Nickerson, West Shore Jr./Sr. High provides for future generations to enjoy this In the 1970s, Mary founded CIAO, the Con- School; Erica Robes, Merritt Island Christian national treasure. gress of Italian Americans Organization, which High School; Trever Steele, Brevard Christian f has developed and continues to run many so- School; Harry Tuazon, Bayside High School; cial service programs to help the poor and Noel Turner, Satellite High School. HONORING THE LIFE OF RALPH needy. Mary is and has been a political god- BLANTON mother and angel to those in need. Indian River County: Margaret Cancelosi, Mary also is the founder of New Era Demo- Saint Edward’s School; Kyrie Carlson, Indian crats (NED), an independent political associa- River Charter High School; Tim Martinelli, Se- HON. HARRY E. MITCHELL tion. NED is a good government group that bastian River High School; Sarah Sarnoski, OF ARIZONA promotes and assists government leaders and Vero Beach High School. IN THE HOUSE OF REPRESENTATIVES candidates for elected office who espouse the Osceola County: Jarrett Lane, Osceola High Tuesday, June 2, 2009 utmost integrity and independence, regardless School; Priscila Quito, Gateway High School; Mr. MITCHELL. Madam Speaker, I rise of party affiliation. Antinia Taylor, New Dimensions High School; today to honor the life of firefighter Ralph Zachary Sansone was born in Brooklyn, Roy Tyson, Harmony High School; Joseph Blanton of Tempe and to recognize the signifi- New York and grew up in Naples, Italy. After Williams, St. Cloud High School. cant contributions he made to our community. law school, he was inducted into the Italian Polk County: Nichole Periquito, Ridge Com- On May 11, 2009 Ralph passed away of Army as a First Lieutenant. Zachary served as munity High School. natural causes at the age of 79. the Mayor of the town of San Antonio in

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A02JN8.035 E02JNPT1 jbell on PROD1PC69 with REMARKS E1284 CONGRESSIONAL RECORD — Extensions of Remarks June 2, 2009 Naples. Upon his return to New York in 1949, The first NEXUS enrollment center in West- TRIBUTE TO DR. JAMES he married Mary Crisalli—and Zachary and ern New York was not opened until Sep- BILLINGTON Mary have been happily married for 60 years. tember of 2008, and the RFID technology that Zachary worked as a checker and clerk at the is so critical to the success of Passport cards, HON. ZACH WAMP waterfront for over 20 years. In 1970, he orga- NEXUS cards, and Enhanced Driver’s Li- OF TENNESSEE nized and directed the Mott Street Senior Cen- censes, did not ‘‘go live’’ at the Peace Bridge IN THE HOUSE OF REPRESENTATIVES ter in Manhattan. Now retired and celebrating in Buffalo until this past November. Tuesday, June 2, 2009 his own 93rd Birthday, he dedicates all of his time to CIAO, CURE and the Ralph J. At other important border crossings in New Mr. WAMP. Madam Speaker, on June 1 the Sansone Foundation. York State and Michigan, this vital technology Librarian of Congress, Dr. James Billington, Zachary and Mary Crisalli Sansone have was not set to be working and active until celebrated his 80th birthday. I want to take dedicated their lives to helping others without April; less than two months before yesterday’s this opportunity to not only wish him Happy ever asking anyone for anything in return. I final WHTI implementation. Birthday, but express my profound admiration am honored to stand here today both to rec- and thanks for his service to America. Despite this progress being made, and de- ognize Mary and Zachary Sansone on their I have been a long time supporter of the Li- 93rd Birthdays, and to acknowledge their 60th spite DHS and State Department issuing their brary of Congress, which is the oldest Federal Anniversary. WHTI certification, I, along with a number of cultural institution and the greatest storehouse f my colleagues, remain wary of the readiness of knowledge and wisdom in the history of the of WHTI and committed to ensuring that it is world. I have personally brought friends and INTRODUCTION OF THE WHTI IM- implemented in a way that will not harm the constituents up to the dome of the Jefferson PLEMENTATION MONITORING cross border trade and travel that is so critical Building and marvel at the art, architecture, PLAN TO ASSURE CONTINUED to our border communities. and symbolism of the magnificent Great Hall TRAVEL AND TRADE (IMPACTT) every time I am there. ACT OF 2009 During President Obama’s visit to Ottawa The Library of Congress would not be earlier this year, he and Prime Minister Harper where it is today—leading the world in acquir- HON. LOUISE McINTOSH SLAUGHTER stressed the importance of a healthy U.S.- ing, preserving, and making accessible some OF NEW YORK Canada trade relationship to bringing both 140 million items of America’s and the world’s IN THE HOUSE OF REPRESENTATIVES countries out of the current economic reces- heritage—without Dr. Billington’s vision, en- sion. I would contend that a successful WHTI ergy, and firm guiding hand. It was Dr. Tuesday, June 2, 2009 implementation is an important aspect of this Billington who, shortly after being nominated Ms. SLAUGHTER. Madam Speaker, I rise trade relationship, and a failed WHTI imple- by President Reagan and confirmed by the today to introduce the WHTI IMPACTT Act. As mentation could have a devastating effect not Senate in 1987, quickly set the Library on a with many people who live along the U.S.- only on border communities, but on the broad- path to harness new technologies as we Canada border, we in Western New York do er national economy. moved into the digital age so that the Library not think of the bi-national Buffalo-Niagara re- of Congress would not recede into a position gion as two separate countries, but rather as The economic downturn facing both coun- of being a passive warehouse of information one community with a river running through it. tries has already dramatically affected cross but a world leader in making its collections We have shared principles and values, and border travel and trade. Statistics from the more broadly available on the Internet for the rely on an intertwining economic relationship Public Border Operators Association show that benefit of all. Through programs such as that is vital to our prosperity. passenger, truck and bus crossings at all New American Memory, the National Digital Library, In the Buffalo-Niagara region and all across York and Michigan border crossings in Janu- and the World Digital Library, just launched the border, the most pressing issue facing bor- ary of 2009 decreased by an average of over last month in Paris, Dr. Billington has changed der communities is the implementation of the 16% from January 2008 levels. In Western the face of research and scholarship forever, Western Hemisphere Travel Initiative (WHTI). New York, traffic at the Lewiston-Queenston making it easier for all to be enriched by the It is clear that our economy relies on the smart Bridge and the Peace Bridge decreased by Library’s treasures. functioning of the Northern border and the in- 19% and 13% respectively. If WHTI is not im- Jim Billington created the Madison Council, creased documentation requirements under the Library’s first ever private sector philan- plemented properly it will only compound the WHTI presents a difficult challenge for smooth thropic and advisory group, which has spear- current negative trend in commerce across the travel and trade between the U.S. and Can- headed countless collections and initiatives, ada. border. including the Kluge Center, the National Audio I recognize that there are security concerns For this reason, today I introduce the WHTI Visual Conservation Center, and a variety of at our border, and that in the post-9/11 world Implementation Monitoring Plan to Assure cultural and educational outreach programs it is important that we know that those enter- Continued Travel and Trade Act, or the WHTI such as the Library’s magnificent series of ex- ing both of our countries arc who they say IMPACTT Act. This legislation will place sig- hibitions, attracting millions of visitors to the Li- they are, mean us no harm, and have the se- nificant oversight on the implementation of brary and its website over the years. cure documents to prove it. That is why I WHTI to identify and mitigate any harmful ef- I am particularly fond of the Veterans His- agree with the intent of WHTI. We must be fects of the new requirements. It will require tory Project at the Library of Congress which confident that the documents individuals has collected over 60,000 personal stories of joint reports to Congress from the State De- present for entry into the United States are se- America’s war veterans and is now the largest partment and the Department of Homeland cure and authentic. However, there cannot be oral history project in American history. In my a one-size-fits-all approach to our border con- Security on December 1, 2009, and June 1, own district we have set up a unique partner- cerns. We cannot simply flip a switch and 2010, that detail the effect of WHTI on freight ship with WRCB–TV, First Tennessee Bank, move from having the world’s largest open and passenger travel across the border, en- and the Erlanger Health System to interview border to requiring expensive new crossing rollment levels in frequent traveler programs, local veterans and have collected hundreds of documentation. the effectiveness on RFID technology, CBP interviews for the Veterans History Project so Recognizing this, in 2007 I led the charge in staffing levels, and its effect on overall border far. At my request, Dr. Billington took time Congress to delay the implementation of security. It will also require the Government from his busy schedule to help kickoff this ef- WHTI from January 2008 until June 2009. Accountability Office to conduct a study on the fort in Chattanooga on Veterans Day in 2002. Language mandating this delay was success- impact of WHTI on border economies and As a member of the Legislative Branch Sub- fully included in the FY08 Omnibus appropria- overall domestic security. committee of the House Appropriations Com- tions bill which was signed into law in Decem- mittee, which has jurisdiction over the Library ber 2007. This legislation will allow Congress to part- of Congress, and currently as co-chair of the It has become clear over the past year that ner with DHS and State to identify any prob- Library of Congress Congressional Caucus, I this delay has proved to be absolutely nec- lems with WHTI implementation prior to the have become even better acquainted with the essary. Consider what has been done since 2010 Olympics and the 2010 tourist season, collections and services of the Library. At a the original January 2008 deadline in Western and hopefully quickly determine what actions Caucus dinner, Dr. Billington organized earlier New York alone towards WHTI implementa- need to be taken to ensure that our border this year in the magnificent Members Room tion: and our regional economies are healthy. we had a chance to get a special guided tour

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A02JN8.037 E02JNPT1 jbell on PROD1PC69 with REMARKS June 2, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1285 of the Lincoln bicentennial exhibit and partici- and shall immediately upon receipt transfer all To its credit, the administration requested pate with Library and outside scholars in a such proceeds from the sale of the airport funds for the E-Verify system, which helps fascinating discussion about our 16th Presi- property to the sponsor of a public airport des- companies check to make sure they have dent. Additionally, I know how much we here ignated by the Administrator to be used for the hired legal workers. in Congress rely on and appreciate the Con- development or improvement of such airport. But in this administration’s budget, the gressional Research Service, the Law Library, f E-Verify request is the beginning and end of and other parts of the Library of Congress to reducing illegal immigration. support our legislative and representational IN RECOGNITION OF NAVAL AIR The administration has no plans to build duties. CREWMAN 1ST CLASS SAMUEL more of the border fence to keep illegal immi- I cannot say enough good things about how ‘‘GRANT’’ KERSLAKE grants from coming here in the first place. much I appreciate the leadership efforts of Jim The administration has no plans to increase Billington and his exemplary stewardship of HON. MIKE ROSS the size of detention facilities to hold illegal im- that great institution—the Library of Congress. OF ARKANSAS migrants until their deportation. I am personally grateful for his friendship. We IN THE HOUSE OF REPRESENTATIVES And when it comes to immigration fugi- all owe him an immense debt of gratitude for Tuesday, June 2, 2009 tives—those illegal immigrants who’ve ignored his outstanding public service and I look for- a deportation order—the administration in- Mr. ROSS. Madam Speaker, I rise today to ward to more years of his visionary leadership. tends to let them off the hook unless they recognize a dedicated patriot and a true Amer- I wish Dr. Billington all the best on his 80th have a criminal record in addition to being fu- ican hero. On May 19, 2009, our state and our birthday. gitives. nation lost a brave servicemember when f If the administration is serious about pro- Naval Air Crewman 1st Class Samuel ‘‘Grant’’ tecting lives and jobs, they need to enforce all PERSONAL EXPLANATION Kerslake died during training operations off the immigration laws—not just a select few. Pacific Ocean near San Diego, California. In all, the U.S. Navy lost six members of its Heli- HON. GLENN THOMPSON f OF PENNSYLVANIA copter Anti-submarine Squadron (HS) when its IN THE HOUSE OF REPRESENTATIVES HH–60 Seahawk helicopter crashed. IN REMEMBRANCE OF BISHOP Petty Officer Kerslake was a 1986 graduate ROGER KAFFER Tuesday, June 2, 2009 of Lake Hamilton High School in Pearcy, Ar- Mr. THOMPSON of Pennsylvania. Madam kansas. Dedicating his life to his country, Petty Speaker, on rollcall No. 287, I was unfortu- Officer Kerslake had just completed 20 years HON. DEBORAH L. HALVORSON nately detained in a cab during rush hour traf- of honorable service with the U.S. Armed OF ILLINOIS fic after visiting with constituents of the 5th Forces. IN THE HOUSE OF REPRESENTATIVES Congressional District of Pennsylvania, caus- While his untimely and tragic death is a Tuesday, June 2, 2009 ing me to miss the vote. shock to all of us in Arkansas, we are left with Mrs. HALVORSON. Madam Speaker, today Had I been present, I would have voted the memories and inspiration Petty Officer I rise to honor the life of Bishop Roger Kaffer, ‘‘yea.’’ Kerslake shared with all who met him. We ad- auxiliary bishop of the Diocese of Joliet. The mired Petty Officer Kerslake for his commit- f Most Reverend Bishop Kaffer passed away at ment to his family, community and country. Our Lady of Angels Retirement Home in his EARMARK DECLARATION His legacy of service, patriotism and honor will hometown of Joliet on Thursday, May 28, forever define what we remember about this 2009. He was 81 years old. HON. JOHN FLEMING brave sailor. Bishop Kaffer was ordained to the priest- OF LOUISIANA My deepest thoughts and prayers are with hood in 1954 at the Cathedral of St. Raymond IN THE HOUSE OF REPRESENTATIVES his wife, Christine; two sons, Samuel Ryan in Joliet, the same Cathedral in which he was Kerslake and Justin Fields; his mother, Jo- Tuesday, June 2, 2009 baptized and confirmed and from which he Anne Kerslake of Hot Springs; his father, eventually retired as auxiliary bishop. Mr. FLEMING. Madam Speaker, I would like Samuel Kerslake of Florida; and the rest of his He was the kind of person that inspired ev- to submit the following request: family, friends and loved ones during this dif- eryone he encountered. As principal for Provi- Bill Number: H.R. 915, ‘‘FAA Reauthoriza- ficult time. tion Act of 2009’’. Today, I ask all members of Congress to dence Catholic High School in New Lenox, Illi- Provision: Section 811 ‘‘Pollock Municipal join me as we honor the life of Petty Officer nois, he made a point to visit every family with Airport, Louisiana’’. Samuel ‘‘Grant’’ Kerslake and his legacy and a child enrolled in the school. Bishop Kaffer Address of requesting entity: Town of Pol- all those men and women in our Armed believed that young people are not the future lock, Louisiana. Forces who give the ultimate sacrifice in serv- of the church but the now of the church. For Description of request: Requires the Admin- ice to their country. this reason, he attended each annual inter- istrator of the Federal Aviation Administration national World Youth Day, his last being in f to approve a request from the Town of Pol- August of 2008 in Australia. Though his health lock, Louisiana, to close the airport as a public OBAMA NOT SERIOUS ABOUT was not good, it did not overshadow his com- airport; and release the town from any term, IMMIGRATION ENFORCEMENT mitment to the youth. condition, reservation, or restriction contained Bishop Kaffer led a spiritually rich life with a in a surplus property conveyance or transfer HON. LAMAR SMITH deep dedication to prayer and public service. document, and from any order or finding by OF TEXAS Even in retirement, he continued to mentor the Department of Transportation on the use IN THE HOUSE OF REPRESENTATIVES priests and bishops and offer spiritual direction and repayment of airport revenue applicable to through retreats. the airport, that would otherwise prevent the Tuesday, June 2, 2009 Not only has the Joliet community lost a de- closure of the airport and redevelopment of Mr. SMITH of Texas. Madam Speaker, thir- voted son in the passing of Bishop Kaffer, so the facilities to non-aeronautical uses. Upon teen million Americans are out of work, and has the world faith community. It is with rev- the approval of the request to close the air- yet eight million illegal immigrants hold jobs in erent honor that I remember the life and leg- port. the town of Pollock shall obtain fair mar- the U.S. But the Obama administration’s pro- acy of Bishop Roger Kaffer of the Diocese of ket value for the sale of the airport property posed budget does little to help. Joliet.

VerDate Nov 24 2008 02:30 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A02JN8.039 E02JNPT1 jbell on PROD1PC69 with REMARKS Tuesday, June 2, 2009 Daily Digest Senate Savings Plan, the Civil Service Retirement System, Chamber Action and the Federal Employees’ Retirement System. Routine Proceedings, pages S5911–S5984 Pages S5918–22, S5922–41 Measures Introduced: Five bills and three resolu- During consideration of this measure today, Senate tions were introduced, as follows: S. 1161–1165, and also took the following action: By 84 yeas to 11 nays S. Res. 164–166. Page S5943 (Vote No. 203), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Measures Passed: Senate agreed to the motion to close further debate Great Smoky Mountains National Park 75th on the motion to proceed to consideration of the Anniversary: Committee on the Judiciary was dis- bill. Page S5918 charged from further consideration of S. Res. 137, A unanimous-consent agreement was reached pro- recognizing and commending the people of the viding for further consideration of the motion to Great Smoky Mountains National Park on the 75th proceed to consideration of the bill at approximately anniversary of the establishment of the park, and the 10:30 a.m., on Wednesday, June 3, 2009, and that resolution was then agreed to. Pages S5980–81 all time during any adjournment, recess, or period of End of Communist Rule in Poland 20th Anni- morning business count post-cloture. Page S5983 versary: Committee on Foreign Relations was dis- Excessive Pay Capped Deduction Act—Referral charged from further consideration of S. Res. 139, Agreement: A unanimous-consent agreement was commemorating the 20th anniversary of the end of reached providing that the Committee on Banking, communist rule in Poland, and the resolution was Housing, and Urban Affairs be discharged from fur- then agreed to. Page S5981 ther consideration of S. 1007, to amend the Internal Revenue Code of 1986 to deny a deduction for ex- Bread for the World 35th Anniversary: Com- cessive compensation of any employee of an em- mittee on the Judiciary was discharged from further ployer, and the bill then be referred to the Com- consideration of S. Res. 157, recognizing Bread for mittee on Finance. Page S5983 the World, on the 35th anniversary of its founding, for its faithful advocacy on behalf of poor and hun- Nomination Confirmed: Senate confirmed the fol- gry people in our country and around the world, and lowing nomination: the resolution was then agreed to. Pages S5981–82 Regina McCarthy, of Massachusetts, to be an As- sistant Administrator of the Environmental Protec- Printing Authorization: Senate agreed to S. Res. tion Agency. Pages S5917–18, S5984 166, to authorize the printing of a collection of the Nominations Received: Senate received the fol- rules of the committees of the Senate. Page S5982 lowing nominations: Year of the Military Family: Senate agreed to S. Daniel Ginsberg, of the District of Columbia, to Res. 165, to encourage recognition of 2009 as the be an Assistant Secretary of the Air Force. ‘‘Year of the Military Family’’. Pages S5982–83 Louis B. Susman, of Illinois, to be Ambassador to Measures Considered: the United Kingdom of Great Britain and Northern Family Smoking Prevention and Tobacco Con- Ireland. Page S5984 trol Act: Executive Communications: Pages S5942–43 Senate resumed consideration of the motion to Additional Cosponsors: Pages S5943–45 proceed to consideration of H.R. 1256, to protect Statements on Introduced Bills/Resolutions: the public health by providing the Food and Drug Pages S5945–51 Administration with certain authority to regulate tobacco products, to amend title 5, United States Additional Statements: Pages S5941–42 Code, to make certain modifications in the Thrift Amendments Submitted: Pages S5951–67 D622

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Notices of Hearings/Meetings: Page S5967 Conway, Commandant of the Marine Corps, all of Authorities for Committees to Meet: Page S5967 the Department of Defense. Text of H.R. 2346 as Previously Passed: NOMINATIONS Pages S5967–80 Committee on Armed Services: Committee concluded a Record Votes: One record vote was taken today. hearing to examine the nominations of Admiral (Total—203) Page S5918 James G. Starvidis, USN for reappointment to the grade of admiral and to be Commander, United Adjournment: Senate convened at 10 a.m. and ad- States European Command and Supreme Allied journed at 7:15 p.m., until 9:30 a.m. on Wednes- Commander, Europe, Lieutenant General Douglas M. day, June 3, 2009. (For Senate’s program, see the re- Fraser, USAF to be general and Commander, United marks of the Acting Majority Leader in today’s States Southern Command, who was introduced by Record on pages S5983–84.) Senator Murkowski, and Lieutenant General Stanley A. McChrystal, USA to be general and Commander, Committee Meetings International Security Assistance Force and Com- mander, United States Forces Afghanistan, all of the (Committees not listed did not meet) Department of Defense, after the nominees testified APPROPRIATIONS: NATIONAL NUCLEAR and answered questions in their own behalf. SECURITY ADMINISTRATION NOMINATIONS Committee on Appropriations: Subcommittee on Energy Committee on Energy and Natural Resources: Committee and Water Development concluded a hearing to ex- concluded a hearing to examine the nominations of amine proposed budget estimates for fiscal year 2010 Catherine Radford Zoi, of California, to be Assistant for the National Nuclear Security Administration, Secretary for Energy, Efficiency, and Renewable En- after receiving testimony from Thomas P. ergy, and William F. Brinkman, of New Jersey, to D’Agostino, Under Secretary for Nuclear Security be Director of the Office of Science, both of the De- and Administrator of the National Nuclear Security partment of Energy, and Anne Castle, of Colorado, Administration, Department of Energy. to be Assistant Secretary of the Interior, who was in- APPROPRIATIONS: THE U.S. SECURITIES troduced by Senator Udall (CO), after the nominees AND EXCHANGE COMMISSION AND THE testified and answered questions in their own behalf. COMMODITIES FUTURES TRADING NOMINATION COMMISSION Committee on Environment and Public Works: Com- Committee on Appropriations: Subcommittee on Finan- mittee concluded a hearing to examine the nomina- cial Services and General Government concluded a tion of Victor M. Mendez, of Arizona, to be Admin- hearing to examine proposed budget estimates for istrator of the Federal Highway Administration, after fiscal year 2010 for the Securities and Exchange the nominee, who was introduced by Senator Kyl, Commission, and the Commodity Futures Trading testified and answered questions in his own behalf. Commission, after receiving testimony from Mary L. Schapiro, Chairman, United States Securities and Ex- NOMINATION change Commission; and Gary Gensler, Chairman, Committee on Homeland Security and Governmental Af- United States Commodity Futures Trading Commis- fairs: Committee concluded a hearing to examine the sion. nomination of Rand Beers, of the District of Colum- bia, to be Under Secretary of Homeland Security for APPROPRIATIONS: DEPARTMENT OF THE National Protection and Programs, after the nominee NAVY testified and answered questions in his own behalf. Committee on Appropriations: Subcommittee on Defense concluded a hearing to examine proposed budget es- INTELLIGENCE timate for fiscal year 2010 for the Department of the Select Committee on Intelligence: Committee held closed Navy, after receiving testimony from Ray Mabus, hearings on intelligence matters, receiving testimony Secretary of the Navy, Admiral Gary Roughead, from officials of the intelligence community. Chief of Naval Operations, and General James T. Committee recessed subject to the call.

VerDate Nov 24 2008 04:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02JN9.REC D02JNPT1 jbell on PROD1PC69 with DIGEST D624 CONGRESSIONAL RECORD — DAILY DIGEST June 2, 2009 House of Representatives 2000 to authorize additional projects and activities Chamber Action under that Act; Pages H6020–21 Public Bills and Resolutions Introduced: 35 pub- Modifying a land grant patent issued by the lic bills, H.R. 2646–2670; 1 private bill, H.R. Secretary of the Interior: H.R. 1280, to modify a 2671; and 10 resolutions, H. Con. Res. 137; and H. land grant patent issued by the Secretary of the Inte- Res. 489, 491–498, were introduced. Pages H6074–75 rior; Pages H6021–22 Additional Cosponsors: Pages H6075–78 Interchanging the administrative jurisdiction of Reports Filed:A report was filed on May 22, certain Federal lands between the Forest Service 2009 as follows: and the Bureau of Land Management: H.R. 689, H.R. 1886, to authorize democratic, economic, amended, to interchange the administrative jurisdic- and social development assistance for Pakistan and to tion of certain Federal lands between the Forest Serv- authorize security assistance for Pakistan, with an ice and the Bureau of Land Management; amendment (H. Rept. 111–129, Pt. 1). Pages H6022–23 Reports were filed today as follows: Camp Hale Study Act: H.R. 2330, amended, to H.R. 1709, to establish a committee under the direct the Secretary of the Interior to carry out a National Science and Technology Council with the study to determine the suitability and feasibility of responsibility to coordinate science, technology, en- establishing Camp Hale as a unit of the National gineering, and mathematics education activities and Park System; Pages H6023–24 programs of all Federal agencies, with an amendment (H. Rept. 111–130, Pt. 1); and Directing the Secretary of the Interior to con- H. Res. 490, providing for consideration of the tinue stocking fish in certain lakes: H.R. 2430, to bill (H.R. 31) to provide for the recognition of the direct the Secretary of the Interior to continue stock- Lumbee Tribe of North Carolina, and for other pur- ing fish in certain lakes in the North Cascades Na- poses, and providing for consideration of the bill tional Park, Ross Lake National Recreation Area, (H.R. 1385) to extend Federal recognition to the and Lake Chelan National Recreation Area; Chickahominy Indian Tribe, the Chickahominy In- Pages H6024–25 dian Tribe-Eastern Division, the Upper Mattaponi Native American Heritage Day Act of 2009: Tribe, the Rappahannock Tribe, Inc., the Monacan H.J. Res. 40, amended, to honor the achievements Indian Nation, and the Nansemond Indian Tribe (H. and contributions of Native Americans to the United Rept. 111–131). Pages H6073–74 States, by a 2⁄3 yea-and-nay vote of 385 yeas with Speaker: Read a letter from the Speaker wherein she none voting ‘‘nay’’, Roll No. 293; appointed Representative Larsen (WA) to act as Pages H6025–28, H6050 Speaker pro tempore for today. Page H6017 Recognizing and commending the Great Smoky Suspensions: The House agreed to suspend the rules Mountains National Park on its 75th year anni- and pass the following measures: versary: H. Res. 421, to recognize and commend the Avra/Black Wash Reclamation and Riparian Great Smoky Mountains National Park on its 75th Restoration Project: H.R. 325, to amend the Rec- year anniversary, by a 2⁄3 yea-and-nay vote of 392 lamation Wastewater and Groundwater Study and yeas to 1 nay, Roll No. 292; Pages H6028–29, H6049–50 Facilities Act to authorize the Secretary of the Inte- Josh Miller HEARTS Act: H.R. 1380, to estab- rior to participate in the Avra/Black Wash Reclama- lish a grant program for automated external tion and Riparian Restoration Project; Page H6019 defibrillators in elementary and secondary schools; Central Texas Water Recycling Act of 2009: Pages H6029–31 H.R. 1120, to amend the Reclamation Wastewater Anthony DeJuan Boatwright Act: H.R. 1662, to and Groundwater Study and Facilities Act to author- amend the Child Care and Development Block ize the Secretary of the Interior to participate in the Grant Act of 1990 to require child care providers to Central Texas Water Recycling and Reuse Project; provide to parents information regarding whether Pages H6019–20 such providers carry current liability insurance; Lower Rio Grande Valley Water Resources Con- Pages H6034–36 servation and Improvement Act of 2009: H.R. Expressing the gratitude and appreciation of the 1393, to amend the Lower Rio Grande Valley Water House of Representatives for the acts of heroism Resources Conservation and Improvement Act of and military achievement by the members of the

VerDate Nov 24 2008 04:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D02JN9.REC D02JNPT1 jbell on PROD1PC69 with DIGEST June 2, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D625 United States Armed Forces who participated in House Commission on Congressional Mailing the June 6, 1944, amphibious landing at Nor- Standards—Appointment: The Chair announced mandy, France: H. Res. 259, amended, to express the Speaker’s appointment of the following Members the gratitude and appreciation of the House of Rep- of the House of Representatives to the House Com- resentatives for the acts of heroism and military mission on Congressional Mailing Standards: Rep- achievement by the members of the United States resentatives Daniel E. Lungren (CA), Price (GA), and Armed Forces who participated in the June 6, 1944, McCarthy (CA). Page H6049 amphibious landing at Normandy, France, and to Privileged Resolution—Intent to Offer: Rep- commend them for leadership and valor in an oper- resentative Flake announced his intent to offer a ation that helped bring an end to World War II; privileged resolution. Pages H6051–52 and Pages H6036–38 Senate Messages: Messages received from the Senate Recognizing the twentieth anniversary of the by the Clerk and subsequently presented to the suppression of protestors and citizens in and House today appear on page H6017. around Tiananmen Square in Beijing, People’s Senate Referral: S. Con. Res. 19 was referred to the Republic of China H. Res. 489, to recognize the Committee on Foreign Affairs. Page H6070 twentieth anniversary of the suppression of protestors Quorum Calls—Votes: Three yea-and-nay votes de- and citizens in and around Tiananmen Square in veloped during the proceedings of today and appear Beijing, People’s Republic of China, on June 3 and on pages H6049–50, H6050, and H6051. There 4, 1989 and to express sympathy to the families of were no quorum calls. those killed, tortured, and imprisoned in connection with the democracy protests in Tiananmen Square Adjournment: The House met at 2 p.m. and ad- and other parts of China on June 3 and 4, 1989 and journed at 10 p.m. thereafter, by a 2⁄3 yea-and-nay vote of 396 yeas to 1 nay, Roll No. 294. Pages H6040–49, H6050–51 Committee Meetings Suspensions—Proceedings Postponed: The House LABOR, HHS, EDUCATION, AND RELATED debated the following measures under suspension of AGENCIES APPROPRIATIONS the rules. Further proceedings were postponed: Committee on Appropriations: Subcommittee on Labor, Congratulating the University of Tennessee Health and Human Services, Education, and Related women’s basketball team (the ‘‘Lady Vols’’) and Agencies held a hearing on the Secretary of Health Head Coach Pat Summitt on her 1000th victory: and Human Services. Testimony was heard from H. Res. 196, to congratulate the University of Ten- Kathleen Sebelius, Secretary of Health and Human nessee women’s basketball team (the ‘‘Lady Vols’’) Services. and Head Coach Pat Summitt on her 1000th vic- CIA tory; Pages H6031–33 Committee on Appropriations: Select Intelligence Over- Recognizing and commending the Toys for Tots sight Panel met in executive session to hold a hear- Literacy Program: H. Res. 232, to recognize and ing on the CIA. Testimony was heard from Leon Pa- commend the Toys for Tots Literacy Program for its netta, Director, CIA. contributions in raising awareness of illiteracy, pro- LUMBEE RECOGNITION ACT; THOMASINA moting children’s literacy, and fighting poverty E. JORDAN INDIAN TRIBES OF VIRGINIA through the support of literacy; and Pages H6033–34 FEDERAL RECOGNITION ACT OF 2009 Expressing sympathy to the victims, families, Committee on Rules: Granted, by a non-record vote, a and friends of the tragic act of violence at the com- rule providing for consideration of H.R. 31, the bat stress clinic at Camp Liberty, Iraq, on May ‘‘Lumbee Recognition Act,’’ under a closed rule pro- 11, 2009: H. Res. 471, amended, to express sym- viding one hour of general debate in the House pathy to the victims, families, and friends of the equally divided and controlled by the chair and tragic act of violence at the combat stress clinic at ranking minority member of the Committee on Nat- Camp Liberty, Iraq, on May 11, 2009. ural Resources. The rule waives all points of order Pages H6038–40 against consideration of the bill except for clauses 9 and 10 of rule XXI. The amendment in the nature Recess: The House recessed at 4:25 p.m. and recon- of a substitute recommended by the Committee on vened at 5:07 p.m. Page H6040 Natural Resources now printed in the bill shall be Recess: The House recessed at 5:55 p.m. and recon- considered as adopted. The rule waives all points of vened at 6:40 p.m. Page H6049 order against provisions of the bill, as amended. The

VerDate Nov 24 2008 04:45 Jun 03, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D02JN9.REC D02JNPT1 jbell on PROD1PC69 with DIGEST D626 CONGRESSIONAL RECORD — DAILY DIGEST June 2, 2009 rule provides that the bill, as amended, shall be con- estimates for fiscal year 2010 for the Department of the sidered as read. The rule provides one motion to re- Interior, 9:45 a.m., SD–138. commit with or without instructions. Committee on Armed Services: Subcommittee on Readiness The rule also provides for consideration of H.R. and Management Support, to receive a closed briefing to 1385, the ‘‘Thomasina E. Jordan Indian Tribes of examine electricity grid vulnerabilities to critical defense Virginia Federal Recognition Act of 2009,’’ under a assets and missions, 10 a.m., SVC–217. Subcommittee on Personnel, to hold hearings to exam- structured rule. The rule provides one hour of debate ine the Defense Authorization request for fiscal year 2010 equally divided and controlled by the chair and and the Future Years Defense Program for military family ranking minority member of the Committee on Nat- programs, policies, and initiatives, 2:30 p.m., SR–222. ural Resources and waives all points of order against Subcommittee on Strategic Forces, to hold hearings to consideration of the bill except clauses 9 and 10 of examine the Defense Authorization request for fiscal year rule XXI. The rule provides that the amendment in 2010 and the Future Years Defense Program for strategic the nature of a substitute recommended by the Com- forces programs, 2:30 p.m., SR–232A. mittee on Natural Resources, now printed in the Committee on Banking, Housing, and Urban Affairs: to bill, shall be considered as an original bill for the hold hearings to examine a fresh start for new starts, 2 purpose of amendment and shall be considered as p.m., SD–538. read. The rule waives all points of order against the Committee on Commerce, Science, and Transportation: to amendment in the nature of a substitute except for hold hearings to examine General Motors and Chrysler clause 10 of rule XXI. The rule makes in order only dealership closures, focusing on dealers and consumers, those amendments printed in the Rules Committee 2:30 p.m., SD–106. Committee on Foreign Relations: to meet in closed session report. The rule provides that the amendments made to receive a briefing from national security briefers, 11 in order may be offered only in the order printed in a.m., SVC–217. the report, may be offered only by a Member des- Full Committee, to hold hearings to examine the ignated in this report, shall be considered as read, nominations of Eric P. Schwartz, of New York, to be As- shall be debatable for the time specified in this resistant Secretary for Population, Refugees, and Migration, port equally divided and controlled by the proponent and Andrew J. Shapiro, of New York, to be Assistant and an opponent, shall not be subject to amend- Secretary for Political-Military Affairs, both of the De- ment, and shall not be subject to a demand for divi- partment of State, 2:30 p.m., SD–419. sion of the question in the House or in the Com- Committee on Homeland Security and Governmental Affairs: mittee of the Whole. The rule waives all points of to hold hearings to examine the nomination of Martha N. order against the amendments printed in the report Johnson, of Maryland, to be Administrator, General Serv- except for clauses 9 and 10 of rule XXI. Finally, the ices Administration, 10 a.m., SD–342. Ad Hoc Subcommittee on State, Local, and Private rule provides one motion to recommit H.R. 1385 Sector Preparedness and Integration, to hold hearings to with or without instructions. Testimony on H.R. 31 examine pandemic flu, 2 p.m., SD–342. was heard from Chairman Rahall, Representatives Committee on the Judiciary: to hold hearings to examine McIntyre and Hastings of WA. Testimony on H.R. The Uniting American Families Act, focusing on address- 1385 was heard from Chairman Rahall, Representa- ing inequalities in federal immigration law, 10 a.m., tives Moran of VA, Hastings of WA and Goodlatte. SD–226. Special Committee on Aging: to hold hearings to examine Joint Meetings the value of long-term care insurance, 2 p.m., SH–216. No joint committee meetings were held. House Committee on Agriculture, Subcommittee on Department f Operations, Oversight, Nutrition and Forestry, hearing to COMMITTEE MEETINGS FOR WEDNESDAY, review the future of forestry in the United States, 1:30 JUNE 3, 2009 p.m., 1300 Longworth. Committee on Appropriations, Subcommittee on Defense, (Committee meetings are open unless otherwise indicated) on Air Force Posture, 9 a.m., on Navy and Marine Corps Posture, 1:30 p.m., H–140 Capitol. Senate Subcommittee on Energy and Water Development, and Committee on Appropriations: Subcommittee on Labor, Related Agencies, on the Secretary of Energy, 10 a.m., Health and Human Services, Education, and Related 2359 Rayburn. Agencies, to hold hearings to examine proposed budget Subcommittee on Labor, Health and Human Services, estimates for fiscal year 2010 for the Department of Edu- Education, and Related Agencies, on the Secretary of cation, 9:30 a.m., SD–124. Education, 2 p.m., 2359 Rayburn. Subcommittee on Interior, Environment, and Related Committee on Armed Services, Defense Acquisition Reform Agencies, to hold hearings to examine proposed budget Panel, hearing on Coordinating Requirements, Budgets,

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and Acquisition: How Does It Affect Costs and Acquisi- Task Force on Judicial Impeachment, hearing to con- tion Outcomes, 8 a.m., 2212 Rayburn. sider Possible Impeachment of United States District Subcommittee on Readiness, hearing on the Fiscal Year Judge Samuel B. Kent, 12 p.m., 2141 Rayburn. 2010 National Defense Authorization Budget Request for Committee on Natural Resources, hearing on the following Military Construction, Family Housing, Base Closure, Fa- bills: H.R. 1061, Hoh Indian Tribe Safe Homelands Act; cilities Operations and Maintenance, 10 a.m., 2118 Ray- H.R. 2040, To authorize a process by which the Secretary burn. of the Interior shall process acquisitions of certain real Committee on the Budget, hearing on Challenges Facing property by the Samish Indian Nation into trust; and the Economy: The View of the Federal Reserve, 10 a.m., H.R. 1035, Morris K. Udall Scholarship and Excellence 210 Cannon. in National Environmental Policy Amendments Act of Committee on Energy and Commerce, Subcommittee on 2009, 10 a.m., 1324 Longworth. Commerce, Trade, and Consumer Protection, to mark up Committee on Rules, to consider H.R. 626, Federal Em- the following bills: H.R. 2221 Data Accountability and ployees Paid Parental Leave Act of 2009, 23 p.m., Trust Act; H.R. 2309, Consumer Credit and Debt Pro- H–3113 Capitol. Committee on Science and Technology, to mark up H.R. tection Act; H.R. 2190, Mercury Pollution Reduction 2407, National Climate Service Act of 2009, 2 p.m., Act; and H.R. 1706, Protecting Consumer Access to Ge- 2318 Rayburn. neric Drugs Act. 10 a.m., 2322 Rayburn. Committee on Small Business, hearing entitled ‘‘Common Subcommittee on Health, hearing on draft legislation Ground: Finding Consensus on Health Reform, the Small of the Food Safety Enhancement Act of 2009, 10 a.m., Business Perspective,’’ 1 p.m., 2360 Rayburn. 2123 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Financial Services, Subcommittee on Capital committee on Water Resources and Environment, hearing Markets, Insurance, and Government Sponsored Enter- on Agency Budgets and Priorities for FY 2010, 10 a.m., prises, hearing entitled ‘‘The Present Condition and Fu- 2167 Rayburn. ture Status of Fannie Mae and Freddie Mac,’’ 2 p.m., Committee on Veterans’ Affairs, hearing on a National 2128 Rayburn. Commitment to End Veterans Homelessness, 10 a.m., Subcommittee on Financial Institutions and Consumer 334 Cannon. Credit, hearing entitled ‘‘Remittances: Regulation and Subcommittee on Disability Assistance and Memorial Disclosure in a New Economic Environment,’’ 10 a.m., Affairs, to mark up the following bills: H.R. 952, COM- 2128 Rayburn. BAT PTSD Act; and H.R. 2270, Benefits for Qualified Committee on the Judiciary, Subcommittee on Courts and World War II Veterans Act of 2009, 2 p.m., 334 Can- Competition Policy, hearing on Pay to Delay: Are Patent non. Settlements That Delay Generic Drug Market Entry Permanent Select Committee on Intelligence, executive, hear- Anticompetitive? 10 a.m., 2237 Rayburn. ing on Human Capital, 4 p.m., 304 HVC Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 3 10 a.m., Wednesday, June 3

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of the following morning business (not to extend beyond one hour), Senate suspensions: (1) H.R. 1817—The ‘‘John S. Wilder Post will continue consideration of the motion to proceed to Office Building’’ Designation Act; (2) H.R. 2090—The consideration of H.R. 1256, Family Smoking Prevention ‘‘Frederic Remington Post Office Building’’ Designation and Tobacco Control Act. Act; (3) H.R. 2173—The ‘‘Carl B. Smith Post Office’’ Designation Act; (4) H. Con. Res. 109—Honoring the 20th anniversary of the Susan G. Komen Race for the Cure in the Nation’s Capital; and (5) H. Res. 437—Sup- porting the goals and ideals of Mental Health Month. Consideration of H.R. 31—Lumbee Recognition Act (Subject to a Rule) and H.R. 1385—Thomasina E. Jor- dan Indian Tribes of Virginia Federal Recognition Act of 2009 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Fleming, John, La., E1285 Perriello, Thomas S.P., Va., E1270, E1281 Garrett, Scott, N.J., E1274 Posey, Bill, Fla., E1283 Bachmann, Michele, Minn., E1274 Gordon, Bart, Tenn., E1267, E1279 Quigley, Mike, Ill., E1267, E1269, E1271, E1276, E1280, Berkley, Shelley, Nev., E1278 Halvorson, Deborah L., Ill., E1285 E1282 Berman, Howard L., Calif., E1273 Jordan, Jim, Ohio, E1280 Radanovich, George, Calif., E1267, E1272, E1282 Bilirakis, Gus M., Fla., E1274 Kildee, Dale E., Mich., E1270 Ross, Mike, Ark., E1285 Blackburn, Marsha, Tenn., E1271 Kucinich, Dennis J., Ohio, E1280 Schwartz, Allyson Y., Pa., E1277, E1283 Cantor, Eric, Va., E1275 Michael M. McMahon, N.Y., E1283 Sessions, Pete, Tex., E1269, E1277 Carter, John R., Tex., E1278 Maloney, Carolyn B., N.Y., E1276 Shuster, Bill, Pa., E1273 Coble, Howard, N.C., E1278 Miller, Jeff, Fla., E1272 Connolly, Gerald E., Va., E1268, E1270, E1276, E1281 Mitchell, Harry E., Ariz., E1283 Slaughter, Louise McIntosh, N.Y., E1284 DeLauro, Rosa L., Conn., E1269 Moore, Dennis, Kans., E1268 Smith, Lamar, Tex., E1285 Dent, Charles W., Pa., E1277, E1282 Murphy, Patrick J., Pa., E1271 Stark, Fortney Pete, Calif., E1271 Donnelly, Joe, Ind., E1275 Nunes, Devin, Calif., E1274 Thompson, Glenn, Pa., E1285 Duncan, John J., Jr., Tenn., E1278 Pallone, Frank, Jr., N.J., E1268, E1272, E1277, E1282 Tiberi, Patrick J., Ohio, E1280 Edwards, Chet, Tex., E1273 Perlmutter, Ed, Colo., E1267, E1269, E1271, E1272, Wamp, Zach, Tenn., E1284 Farr, Sam, Calif., E1274 E1273, E1274, E1275, E1276, E1277, E1278 Waxman, Henry A., Calif., E1275

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