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, SEPTEMBER 29, 2009 No. 138 House of Representatives The House met at 12:30 p.m. and was Mr. CONNOLLY of Virginia. Mr. but even Republican economists have called to order by the Speaker pro tem- Speaker, this summer many of my col- stated the stimulus is working. pore (Mr. CLAY). leagues on the other side of the aisle Mark Zandi, the economic adviser to f lined up to criticize the Recovery and JOHN MCCAIN’s Presidential campaign Reinvestment Act on the floor of the last year, said that the stimulus has DESIGNATION OF SPEAKER PRO House claiming it wasn’t working. In contributed to GDP growth. He stated, TEMPORE an August 21 newsletter, the minority ‘‘As the fiscal stimulus provides its The SPEAKER pro tempore laid be- leader stated, ‘‘By any objective meas- maximum benefit in the next few fore the House the following commu- ure, the trillion-dollar ‘stimulus’ months, real GDP should turn from nication from the Speaker: spending bill isn’t working.’’ negative to positive in the current WASHINGTON, DC, Let’s examine some of those objec- quarter.’’ Current projections show September 29, 2009. tive measures: that the Recovery Act increased GDP I hereby appoint the Honorable WM. LACY The number of new unemployment by 2.3 percent this year. CLAY to act as Speaker pro tempore on this claims dropped in August, for the low- When we voted on the Recovery Act day. est total of the year. In addition, the this winter, economists from across the NANCY PELOSI, number of people claiming continuing political spectrum emphatically stated Speaker of the House of Representatives. unemployment benefits for more than 1 that a fiscal stimulus was essential. f week decreased by 123,000. Unemploy- Dr. Zandi, for example, stated, ‘‘The MORNING-HOUR DEBATE ment remains a challenge, because, as stimulus plan as laid out will provide a we all know, unemployment is a lag- vital boost to a flagging economy.’’ The SPEAKER pro tempore. Pursu- ging indicator. But because of the Re- President Reagan’s chief economic ad- ant to the order of the House of Janu- covery Act, we have saved 1 million viser Martin Feldstein testified before ary 6, 2009, the Chair will now recog- jobs that otherwise would have been a joint House and Senate committee nize Members from lists submitted by lost in this economy. that a large fiscal stimulus would be the majority and minority leaders for This June, home sales increased by 11 essential to avoid catastrophic unem- morning-hour debate. percent over May, the largest increase ployment. Ben Bernanke, the Repub- The Chair will alternate recognition over 8 years. And total home sales this lican-appointed Chairman of the Fed- between the parties, with each party year have increased by 3.4 percent over eral Reserve stated, ‘‘The incoming ad- limited to 30 minutes and each Mem- 2008, indicating that the housing mar- ministration and Congress are cur- ber, other than the majority and mi- ket is stabilizing. rently discussing a substantial fiscal nority leaders and the minority whip, After declining by 0.1 percent in the package that, if enacted, could provide limited to 5 minutes. last economic quarter of the Bush ad- a significant boost to economic activ- f ministration, U.S. productivity growth ity.’’ Since then, that same Chairman has increased 6.6 percent in the most ANNOUNCEMENT BY THE SPEAKER has said explicitly that the stimulus recent quarter. PRO TEMPORE bill for the recovery is, in fact, respon- The manufacturing sector is improv- sible for a large part of that recovery. The SPEAKER pro tempore. The ing. Orders for durable goods were up Dr. Zandi, Dr. Feldstein, and Chair- Chair notes a disturbance in the gal- 4.9 percent in July, the largest increase man Bernanke were all right, as the lery in contravention of the law and in 2 years, and has risen in 3 of the past objective data now shows. rules of the House. 5 months. My friends on the other side of the The Sergeant at Arms will remove The Consumer Confidence Index rose aisle have made a decision to oppose those persons responsible for the dis- once again in August to 54.1, more than virtually every initiative of President turbance and restore order to the gal- double the February low of 25, dem- Obama no matter what the substance lery. onstrating that consumers are viewing or content. Now, as President Obama f the economy in an increasingly posi- sets to reform our broken health care tive light. system, they are at it once again, re- RECOVERY ACT HAS INCREASED The Dow Jones Industrial Average fusing to play a constructive role in GDP has grown more than 11 percent this the process. The SPEAKER pro tempore. The year, returning value to 401(k)s and President Obama has worked toward Chair recognizes the gentleman from college funds of American families. We a bipartisan solution for health care Virginia (Mr. CONNOLLY) for 5 minutes. know there is a lot more to be done, and has made a number of positive

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 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.000 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10002 CONGRESSIONAL RECORD — HOUSE September 29, 2009 overtures to incorporate several con- When the adventure of sensual love The time is now to develop a plan for cepts proposed by the Republican side has run its course or unfaithful love the United States to return to balanced of the aisle. For example, he com- stabs betrayal, the heart may become budgets and pay down our national mitted to tort reform. He embraced paralyzed or broken. debt. Senator JOHN MCCAIN’s initiative on In the stillness, Lord, quiet memory Yes, these are difficult decisions to providing low-cost protection for indi- brings us back to You. Believing we are make. However, the folks in my dis- viduals with preexisting medical condi- born out of love and have searched for trict and across the country are tight- tions. He pledged to work with any se- its fulfillment all life long, moments of ening their belts and doing more with rious effort to improve and provide true love once found in truth and beau- less. It is time for Congress to work more affordable, accessible health care ty fall into place. Your grace then with the Federal Reserve and the for all Americans. Despite the fact that steps through the open cracks and we Treasury to develop plans to do the the President has incorporated Repub- come to know by heart: same before it is too late. lican ideas and proposals into his plan, ‘‘I am with you’’—now and forever. We must take this work seriously the other side still refuses to work Amen. and remain committed. Our country, our security, and our future depend on with him. Their plan: Just say, ‘‘no.’’ f When faced with the largest recession it. since World War II, the American peo- THE JOURNAL I ask that my colleagues from both sides of the aisle join me in this effort. ple didn’t want partisan bickering; The SPEAKER pro tempore. The they wanted solutions. With the Recov- Chair has examined the Journal of the f ery Act and other stabilizing measures, last day’s proceedings and announces DANCING WITH THE CZARS we have enacted those solutions, and to the House his approval thereof. (Mr. POE of Texas asked and was we have seen positive results. Our eco- Pursuant to clause 1, rule I, the Jour- given permission to address the House nomic recovery efforts are working. nal stands approved. for 1 minute.) But the Republicans just said, ‘‘no.’’ f Mr. POE of Texas. Mr. Speaker, we The need for health care reform is have 44 czars in America and the dance clear. Health insurance premiums over PLEDGE OF ALLEGIANCE card keeps growing. The new czar for the past decade have increased three The SPEAKER pro tempore. Will the the day is the safe schools czar. times greater than incomes, and they gentlewoman from Arizona (Mrs. KIRK- Add that to the Afghanistan-Paki- will increase 5 percent more this year. PATRICK) come forward and lead the stan czar, the AIDS czar, auto recovery Millions of Americans with preexisting House in the Pledge of Allegiance. czar, behavioral science czar, bailout medical conditions are finding them- Mrs. KIRKPATRICK of Arizona led the czar, border czar, car czar, climate selves unable to access health care Pledge of Allegiance as follows: change czar, copyright czar, counter- even if they have health insurance. A I pledge allegiance to the Flag of the terrorism czar, cybersecurity czar, di- recent survey by the Kaiser Family United States of America, and to the Repub- versity czar, disinformation czar, two Foundation revealed that without re- lic for which it stands, one nation under God, economic czars, an education czar, en- form, 8 percent of businesses will drop indivisible, with liberty and justice for all. ergy czar, food czar, government per- health insurance for their employees f formance czar, Great Lakes czar, altogether. And still, Republicans are Gitmo closure czar, health care czar, saying, ‘‘no.’’ COMMUNICATION FROM THE HON- info tech czar, intelligence czar, Latin When providing affordable and acces- ORABLE PATRICK MCHENRY, American czar, Mideast peace czar, sible health care, the American people MEMBER OF CONGRESS Mideast policy czar, pay czar, regu- will not accept ‘‘no’’ for an answer any The SPEAKER pro tempore laid be- latory czar, religion or God czar, longer. They want to hear us say, fore the House the following commu- science czar, stimulus czar, Sudan czar, ‘‘yes.’’ nication from the Honorable PATRICK TARP czar, technology czar, trade f MCHENRY, Member of Congress: czar, urban affairs czar, war czar, water czar, weapons czar. And now we have a RECESS CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, safe schools czar. The SPEAKER pro tempore. Pursu- Washington, DC, September 28, 2009. Who are these people, and what do ant to clause 12(a) of rule I, the Chair Hon. NANCY PELOSI, they do? Is this a shadow government? declares the House in recess until 2 Speaker, House of Representatives, Washington, Since we continue to dance with the p.m. today. DC. czars, it would be nice to know who Accordingly (at 12 o’clock and 38 DEAR MADAM SPEAKER: This is to notify brought us to the dance. minutes p.m.), the House stood in re- you formally, pursuant to Rule VIII of the And that’s just the way it is. cess until 2 p.m. Rules of the House of Representatives, that I have been served with a subpoena for deposi- f f tion testimony issued by the District court HONORING KEITH MORRISON AS 1400 of Caldwell, State of North Carolina in con- AN ANGEL IN ADOPTION b nection with a civil case now pending in the (Mr. BOOZMAN asked and was given AFTER RECESS same court. After consultation with the Office of Gen- permission to address the House for 1 The recess having expired, the House eral Counsel, I will make the determinations minute and to revise and extend his re- was called to order by the Speaker pro required by Rule VIII. marks.) tempore (Mr. TONKO) at 2 p.m. Sincerely, Mr. BOOZMAN. Mr. Speaker, I rise f PATRICK T. MCHENRY, today to honor Keith Morrison of Fay- Member of Congress. etteville, Arkansas, as an Angel in PRAYER f Adoption. Keith is very deserving of The Chaplain, the Reverend Daniel P. this honor and recognition because of Coughlin, offered the following prayer: WE MUST RETURN TO BALANCED his work and dedication to finding chil- Have we hardened our hearts, O BUDGETS AND PAY DOWN OUR dren from around the world permanent Lord? NATIONAL DEBT families. You have said: ‘‘If today you hear the (Mrs. KIRKPATRICK of Arizona Working as an attorney since 1984, he voice of the Lord, harden not your asked and was given permission to ad- has represented hundreds of families hearts.’’ dress the House for 1 minute.) throughout the United States both in Once the heart is deadened by indif- Mrs. KIRKPATRICK of Arizona. Mr. domestic and international adoptions. ference to Your Word or to the cry of a Speaker, I first want to welcome two Morrison also regularly represents pri- neighbor in need, where do we find our- people from my district who are in the vate adoption agencies. He continues selves? Alone and cold. House gallery today, Ken and Teresa his work beyond the walls of his office, How are we to find happiness? Only Lamont from Cottonwood, Arizona. helping start church adoption min- love can melt the hardened heart. Welcome to the House. istries and raising funds to support

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Finally, he and his wife The text of the bill is as follows: unanimous consent that all Members have found fulfillment in adoption, H.R. 685 may have 5 legislative days to revise adopting both domestically and inter- Be it enacted by the Senate and House of Rep- and extend their remarks and include nationally. resentatives of the United States of America in extraneous material on the bill under I commend him for his leadership and Congress assembled, consideration. his selfless service to unite children SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Is there with loving families. I’m proud to rec- This Act may be cited as the ‘‘United States objection to the request of the gentle- ognize his effort and accomplishments. Civil Rights Trail Special Resource Study Act of woman from Guam? And I ask my colleagues today to join 2009’’. There was no objection. with me in honoring Keith and the SEC. 2. SPECIAL RESOURCE STUDY REGARDING Ms. BORDALLO. Mr. Speaker, I yield other Angels who are working to create PROPOSED UNITED STATES CIVIL myself such time as I may consume. RIGHTS TRAIL. We must never forget the struggle for a better life for children all around the (a) STUDY REQUIRED.—The Secretary of the world. Interior shall conduct a special resource study racial equality that spanned our Na- f for the purpose of evaluating a range of alter- tion in the 1950s and the 1960s nor the natives for protecting and interpreting sites as- people who waged that fight to obtain NATIONAL MEDIA FACE sociated with the struggle for civil rights in the basic civil rights for all Americans. CREDIBILITY VOID United States, including alternatives for poten- The many sites linked to the civil tial addition of some or all of the sites to the Na- rights movement together tell the (Mr. SMITH of Texas asked and was tional Trails System. given permission to address the House story of how it profoundly transformed (b) CONSULTATION.—The Secretary shall con- our history. for 1 minute and to revise and extend duct the special resource study in consultation her remarks.) with appropriate Federal, State, county, and H.R. 685, as amended, authorizes the Mr. SMITH of Texas. Mr. Speaker, local governmental entities. National Park Service to complete a the national media don’t have a credi- (c) STUDY REQUIREMENTS.—The Secretary Special Resource Study to analyze al- bility problem; they have a credibility shall conduct the study required under sub- ternatives and make recommendations void. section (a) in accordance with section 8(c) of for the preservation and the interpreta- Public Law 91-383 (16 U.S.C. 1a-5(c)) and sec- tion of these multiple sites, including a Five out of six Americans see the na- tion 5(b) of the National Trails System Act (16 tional news media as ‘‘very or some- possible national Civil Rights Trail U.S.C. 1244(b)), as appropriate. linking the sites with common maps, what biased,’’ according to a new poll (d) STUDY OBJECTIVES.—In conducting the by Sacred Heart University. Six out of special resource study, the Secretary shall signs, and educational material. seven Americans say the media have evaluate alternatives for achieving the following Mr. Speaker, we commend our distin- their own political and public policy objectives: guished colleague, Representative WIL- positions and attempt to influence (1) Identifying the resources and historic LIAM LACY CLAY, for his vision and opinion and policy. themes associated with the movement to secure dedication to this legislation. We sup- racial equality in the United States for African port passage of H.R. 685 and urge its Nearly nine out of ten Americans say Americans that, focusing on the period from the media played a strong role in elect- adoption by the House today. 1954 through 1968, challenged the practice of ra- Mr. Speaker, I reserve the balance of ing Barack Obama as President. Seven cial segregation in the Nation and achieved in ten say the national media are in- equal rights for all American citizens. my time. tent on promoting the Obama presi- (2) Making a review of existing studies and re- Mr. WITTMAN. Mr. Speaker, I yield dency. And a majority say the media ports, such as the Civil Rights Framework myself such time as I may consume. are promoting the White House’s Study, to complement and not duplicate other H.R. 685 has been adequately ex- health care plan without criticism. studies of the historical importance of the civil plained by chairwoman BORDALLO, and rights movements that may be underway or un- The poll found that biased reporting we thank her for that effort. dertaken. We support the legislation with the is driving away the media’s audience. (3) Establishing connections with agencies, or- understanding that the original intent Almost half of Americans have stopped ganizations, and partnerships already engaged of the bill is being preserved. The Na- watching a news outlet because of in the preservation and interpretation of various tional Park Service proposed changes media bias. trails and sites dealing with the civil rights that would have prevented the program If the national media want to keep movement. from focusing on the history of the their remaining audience, they need to (4) Protecting historically significant land- movement to overcome slavery and ra- restore Americans’ trust by giving scapes, districts, sites, and structures. (5) Identifying alternatives for preservation cial discrimination and instead would them the facts, not telling them what and interpretation of the sites by the National have directed it to include other polit- to think. Park Service, other Federal, State, or local gov- ical causes, and we appreciate that f ernmental entities, or private and nonprofit or- change. ganizations, including the potential inclusion of We agree with the intent of the bill’s ANNOUNCEMENT BY THE SPEAKER some or all of the sites in a National Civil Rights PRO TEMPORE Trail. sponsor, Mr. CLAY, that the trail sys- tem tells the story of the struggle for The SPEAKER pro tempore. Pursu- (6) Identifying cost estimates for any nec- essary acquisition, development, interpretation, civil rights based on racial equality. ant to clause 8 of rule XX, the Chair operation, and maintenance associated with the We thank Mr. CLAY for his leadership will postpone further proceedings alternatives developed under the special re- and efforts on those lines and in bring- today on motions to suspend the rules source study. ing this bill forward. on which a recorded vote or the yeas (e) REPORT.—Not later than 3 years after the Mr. Speaker, I reserve the balance of and nays are ordered, or on which the date on which funds are made available to carry my time. vote incurs objection under clause 6 of out this section, the Secretary shall submit to the Committee on Natural Resources of the Ms. BORDALLO. Mr. Speaker, I yield rule XX. such time as he may consume to the Record votes on postponed questions House of Representatives and the Committee on Energy and Natural Resources of the Senate a author of this legislation, the gen- will be taken after 6:30 p.m. today. report containing the results of the study con- tleman from Missouri (Mr. CLAY). f ducted under subsection (c) and any rec- Mr. CLAY. First of all, I thank the ommendations of the Secretary with respect to chairwoman, Ms. BORDALLO, as well as UNITED STATES CIVIL RIGHTS the route. the ranking member, Mr. WITTMAN, for TRAIL SPECIAL RESOURCE The SPEAKER pro tempore. Pursu- their assistance on this legislation. STUDY ACT OF 2009 ant to the rule, the gentlewoman from Mr. Speaker, as the sponsor of this Ms. BORDALLO. Mr. Speaker, I move Guam (Ms. BORDALLO) and the gen- legislation, along with Congressman to suspend the rules and pass the bill tleman from Virginia (Mr. WITTMAN) ZACH WAMP of Tennessee, I am pleased (H.R. 685) to require a study of the fea- each will control 20 minutes. to present H.R. 685 for consideration by

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This act will help landmarks including Albany, Georgia, home to and Public Lands, RAU´ L GRIJALVA, for to preserve and protect the legacy and the the Albany Movement, which was led by Dr. guiding this legislation through the story of the Movement for future generations Martin Luther King Jr., and Savannah, Geor- committee process. and I urge all of my colleagues to support it. gia, which desegregated public and private fa- This legislation will fully recognize Mr. WAMP. Mr. Speaker, I rise today in sup- cilities eight months ahead of federal civil the remarkable American story of the port of H.R. 685, the United States Civil Rights rights legislation. Savannah was once de- struggle for civil rights. That ongoing Trail Act. I joined with my colleague, Mr. CLAY, scribed as the most desegregated city south journey stretches across three cen- to introduce this legislation. of the Mason-Dixon Line. I strongly support turies through multiple generations From 1954 through 1968, many significant H.R. 685 and I urge my colleagues to support and touches every American. events of the Civil Rights Movement took this important resolution. The United States Civil Rights Trail place in the United States. On February 1, H.R. 685 simply seeks to unify our nation’s Special Resource Study Act of 2009 1960, in Greensboro, North Carolina, four cou- civil rights landmarks through maps and other would recognize those brave souls who rageous African-American students from the resources. This will facilitate remembrance of fought to make the promises enshrined North Carolina Agricultural and Technical Col- the struggles for civil rights based on racial in our Constitution ring true. In many lege took their seats at the lunch counter of equality as well as provide information about places across this Nation and for far the F. W. Woolworth Company, but the store the ordinary individuals, some of whom gave too long, that story is still incomplete refused to serve them at the counter. One of up their lives, for the right to equal rights. The and remains largely untold. the students stated that, ‘‘We believe, since civil rights landmarks highlighted in this trail H.R. 685 would authorize a study by we buy books and papers in other parts of the signify to a period that many here today are the Secretary of the Interior to deter- store, we should get served in this part.’’ Over too young to remember, and would be held as mine the feasibility of establishing a the next several days, they sat peacefully at a tribute to a historic era. By chronicling such national trail system marking the geo- the lunch counter in quiet protest, and close to historic civil rights landmarks including the graphic location of historically signifi- a hundred others joined them. Soon, thou- Montgomery Bus Boycotts, the Greensboro cant events related to the fight for ra- sands across the South joined the students’ sit-in, and the historic marches from Selma to cial equality in the United States. protest and conducted lunch counter sit-ins of Montgomery, Alabama, we can bring true rec- b 1415 their own. ognition to the numerous historical sites that While many may only think of events that led to the passage of the Civil Rights Act of The American civil rights movement occurred in southern and eastern States, there 1964, and the Voting Rights Act of 1965. It is challenged the practice of racial seg- were important events in other parts of the my hope that in the future, we can truly create regation in the Nation and achieved country where individuals overcame injustice. equality for all. This is an important issue and equal rights for all American citizens. In Washington, D.C., in 1961, 13 individuals of I applaud the efforts of this Congress to em- It is my hope that this bill and the re- different races, known as the Freedom Riders, phasize the importance of civil rights land- sulting historic civil rights trails will boarded a bus bound for New Orleans, Lou- marks around the country. tell the full and sometimes painful isiana, in an attempt to desegregate places of Ms. BORDALLO. I yield back the bal- story of the struggle for civil rights. public accommodations. Their courage and ance of my time. The knowledge and understanding sacrifice led to the desegregation of all public The SPEAKER pro tempore. The gained from the trails will provide this places under Title II of the Civil Rights Act of question is on the motion offered by generation and those who follow us 1964. To learn more about other events, the the gentlewoman from Guam (Ms. with tremendous educational opportu- Civil Rights Trail System Act would authorize BORDALLO) that the House suspend the nities. the Secretary of the Interior to study the feasi- rules and pass the bill, H.R. 685, as Let me close by urging all of my col- bility of establishing a national trail system to amended. leagues to support the bill. mark locations in the United States (including The question was taken; and (two- Mr. WITTMAN. Mr. Speaker, I have its territories) of historically significant events thirds being in the affirmative) the no additional speakers, and I yield related to the struggle for racial equality. rules were suspended and the bill, as back the balance of my time. With this study and the help of an advisory amended, was passed. Ms. BORDALLO. Mr. Speaker, I committee of experts in historic preservation The title was amended so as to read: again urge Members to support this and African-American history, the Secretary of ‘‘A bill to require the Secretary of the very important piece of legislation. the Interior would provide information about Interior to conduct a special resource Mr. LEWIS of Georgia. Mr. Speaker, I rise the many people and places that played such study regarding the proposed United today in strong support of the United States an important role in the Civil Rights Movement States Civil Rights Trail, and for other Civil Rights Trail System Act of 2009. I would for all Americans, and everyone would have purposes.’’. like to commend my colleagues and friends, the opportunity to stand and breathe the air A motion to reconsider was laid on Congressman WILLIAM LACY CLAY and Con- where history was made. The Secretary would the table. gressman ZACH WAMP for championing this first establish at least six national trails in f important legislation. States where significant civil rights events oc- The fight for civil rights was one of the most curred, with other trails sure to follow as docu- BAY AREA REGIONAL WATER RE- significant social and cultural movements in mentation is available. CYCLING PROGRAM EXPANSION our nation’s history. Because of the hundreds This legislation provides the U.S. Congress ACT OF 2009 and thousands of ordinary people with extraor- an opportunity to honor those who were a part Ms. BORDALLO. Mr. Speaker, I move dinary vision who participated in the Civil of a movement that ensured that everyone to suspend the rules and pass the bill Rights Movement, we witnessed a nonviolent was created equal and that everyone had the (H.R. 2442) to amend the Reclamation revolution under the rule of law, a revolution of freedom to achieve the American dream. The Wastewater and Groundwater Study values and ideas that changed this nation for- trail system would serve as a marker for how and Facilities Act to expand the Bay ever. We must ensure that the next genera- far our country has come and would remain Area Regional Water Recycling Pro- tion, and the current generation, learn and do for future generations so that our history is ac- gram, and for other purposes, as not forget the story of the Civil Rights Move- curate and instructive on all that is necessary amended. ment and the ideals that it strove to achieve. for justice and equality to reign down on our The Clerk read the title of the bill. This proposed system of trails, would mark the land. The text of the bill is as follows: geographic locations in the United States of Mr. Speaker, I urge all my colleagues to H.R. 2442 historically significant events tied to the strug- support this important legislation. Be it enacted by the Senate and House of Rep- gles for racial equality. I saw firsthand the Mr. JOHNSON of Georgia. Mr. Speaker, I resentatives of the United States of America in struggle and the pains that ordinary citizens rise today in support of H.R. 685, the United Congress assembled, endured at many of these sites to help break States Civil Rights Trail System Act of 2009. SECTION 1. SHORT TITLE. down the walls of segregation and their efforts This legislation would direct the Archivist of This Act may be cited as the ‘‘Bay Area must be memorialized and never forgotten. It the United States to conduct a study of the Regional Water Recycling Program Expan- is my hope, and belief, that this trail system feasibility of establishing the United States sion Act of 2009’’.

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SEC. 2. PROJECT AUTHORIZATIONS. ‘‘(b) COST SHARE.—The Federal share of the dated Natural Resources Act of 2008) is (a) IN GENERAL.—The Reclamation Waste- cost of the project authorized by this section amended by striking ‘‘$8,250,000’’ and insert- water and Groundwater Study and Facilities shall not exceed 25 percent of the total cost ing ‘‘$13,250,000’’. Act (43 U.S.C. 390h et seq.) (as amended by of the project. The SPEAKER pro tempore. Pursu- section 512(a) of the Consolidated Natural ‘‘(c) LIMITATION.—The Secretary shall not ant to the rule, the gentlewoman from Resources Act of 2008) is amended by adding provide funds for the operation and mainte- at the end the following: nance of the project authorized by this sec- Guam (Ms. BORDALLO) and the gen- ‘‘SEC. 16ll. CCCSD-CONCORD RECYCLED WATER tion. tleman from Virginia (Mr. WITTMAN) PROJECT. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— each will control 20 minutes. ‘‘(a) AUTHORIZATION.—The Secretary, in co- There is authorized to be appropriated to The Chair now recognizes the gentle- operation with the Central Contra Costa carry out this section $8,250,000. woman from Guam. Sanitary District, California, is authorized ‘‘SEC. 16ll. IRONHOUSE SANITARY DISTRICT GENERAL LEAVE to participate in the design, planning, and (ISD) ANTIOCH RECYCLED WATER Ms. BORDALLO. Mr. Speaker, I ask construction of recycled water distribution PROJECT. systems. ‘‘(a) AUTHORIZATION.—The Secretary, in co- unanimous consent that all Members ‘‘(b) COST SHARE.—The Federal share of the operation with the Ironhouse Sanitary Dis- may have 5 legislative days in which to cost of the project authorized by this section trict (ISD), California, is authorized to par- revise and extend their remarks and in- shall not exceed 25 percent of the total cost ticipate in the design, planning, and con- clude extraneous material on the bill of the project. struction of recycled water distribution sys- under consideration. ‘‘(c) LIMITATION.—The Secretary shall not tems. The SPEAKER pro tempore. Is there provide funds for the operation and mainte- ‘‘(b) COST SHARE.—The Federal share of the objection to the request of the gentle- nance of the project authorized by this sec- cost of the project authorized by this section woman from Guam? tion. shall not exceed 25 percent of the total cost ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— of the project. There was no objection. There is authorized to be appropriated to ‘‘(c) LIMITATION.—The Secretary shall not Ms. BORDALLO. Mr. Speaker, H.R. carry out this section $1,800,000. provide funds for the operation and mainte- 2442, introduced by our colleague, Rep- ‘‘SEC. 16ll. CENTRAL DUBLIN RECYCLED nance of the project authorized by this sec- resentative GEORGE MILLER of Cali- WATER DISTRIBUTION AND RET- tion. fornia, would authorize six projects as ROFIT PROJECT. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— part of the Bay Area Regional Water ‘‘(a) AUTHORIZATION.—The Secretary, in co- There is authorized to be appropriated to operation with the Dublin San Ramon Serv- Recycling Program. When completed, carry out this section $7,000,000.’’. these projects are expected to create up ices District, California, is authorized to par- (b) PROJECT IMPLEMENTATION.—In carrying ticipate in the design, planning, and con- out sections 1642 through 1648 of the Rec- to 14,470 acre-feet of recycled water. struction of recycled water system facilities. lamation Wastewater and Groundwater At a time, Mr. Speaker, when im- ‘‘(b) COST SHARE.—The Federal share of the Study and Facilities Act and the sections ported water in California is unreli- cost of the project authorized by this section added to such Act by subsection (a), the Sec- able, the Title XVI water recycling shall not exceed 25 percent of the total cost retary shall enter into individual agreements program is a tool that communities of the project. with the San Francisco Bay Area Regional can use to create a reliable local sup- ‘‘(c) LIMITATION.—The Secretary shall not Water Recycling implementing agencies to ply to meet future demands for both provide funds for the operation and mainte- fund the projects through the Bay Area nance of the project authorized by this sec- northern and southern California and Clean Water Agencies (BACWA) or its suc- across the West. tion. cessor, and shall include in such agreements ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— a provision for the reimbursement of con- So I ask my colleagues to support There is authorized to be appropriated to struction costs, including those construction passage of this very important legisla- carry out this section $1,150,000. costs incurred prior to the enactment of this tion. ‘‘SEC. 16ll. PETALUMA RECYCLED WATER Act, subject to appropriations made avail- I reserve the balance of my time. PROJECT, PHASES 2A, 2B, AND 3. able for the Federal share of the project Mr. WITTMAN. Mr. Speaker, I yield ‘‘(a) AUTHORIZATION.—The Secretary, in co- under sections 1642 through 1648 of the Rec- myself as much time as I may con- operation with the City of Petaluma, Cali- lamation Wastewater and Groundwater fornia, is authorized to participate in the de- sume. Study and Facilities Act and the sections Mr. Speaker, the chairwoman has sign, planning, and construction of recycled added to such Act by subsection (a). water system facilities. adequately described the legislation, (c) CLERICAL AMENDMENTS.—The table of OST SHARE.—The Federal share of the ‘‘(b) C contents of the Reclamation Projects Au- and as my colleagues know, areas cost of the project authorized by this section thorization and Adjustment Act of 1992 (43 throughout the West are experiencing shall not exceed 25 percent of the total cost U.S.C. prec. 371) (as amended by section significant drought. Communities are of the project. 512(a) of the Consolidated Natural Resources faced with overcoming long-term water ‘‘(c) LIMITATION.—The Secretary shall not Act of 2008) is amended by inserting after the provide funds for the operation and mainte- shortages as a result, and some com- item relating to section 1648 the following nance of the project authorized by this sec- munities have built water storage res- new items: tion. ervoirs while others have sought alter- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Sec. 16ll. CCCSD-Concord recycled water native water supplies through water re- There is authorized to be appropriated to project. cycling. This bill seeks to assist the carry out this section $6,000,000. ‘‘Sec. 16ll. Central Dublin recycled water bay area of California to help construct ‘‘SEC. 16ll. CENTRAL REDWOOD CITY RECY- distribution and retrofit project. water recycling facilities. CLED WATER PROJECT. Mr. GEORGE MILLER of California. Mr. ‘‘(a) AUTHORIZATION.—The Secretary, in co- ‘‘Sec. 16ll. Petaluma recycled water operation with the City of Redwood City, project, phases 2a, 2b, and 3. Speaker, I want thank Chairwoman California, is authorized to participate in the ‘‘Sec. 16ll. Central Redwood City recycled NAPOLITANO and Chairman RAHALL for bringing design, planning, and construction of recy- water project. this legislation to the floor, and thank Ranking cled water system facilities. ‘‘Sec. 16ll. Palo Alto recycled water pipe- Members HASTINGS and MCCLINTOCK for their ‘‘(b) COST SHARE.—The Federal share of the line project. consideration. cost of the project authorized by this section ‘‘Sec. 16ll. Ironhouse Sanitary District This bill, H.R. 2442, represents a very excit- (ISD) Antioch recycled water shall not exceed 25 percent of the total cost ing opportunity for California. With the Bay of the project. project.’’. Area Regional Water Recycling Program Ex- ‘‘(c) LIMITATION.—The Secretary shall not SEC. 3. MODIFICATION TO AUTHORIZED provide funds for the operation and mainte- PROJECTS. pansion Act of 2009, we are bringing an inno- nance of the project authorized by this sec- (a) ANTIOCH RECYCLED WATER PROJECT.— vative new program online that reduces our tion. Section 1644(d) of the Reclamation Waste- state’s demands for fresh water from the Bay- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— water and Groundwater Study and Facilities Delta. There is authorized to be appropriated to Act (43 U.S.C. 390h–27) (as amended by sec- The six new water reuse projects authorized carry out this section $8,000,000. tion 512(a) of the Consolidated Natural Re- in today’s legislation are projected to save 2.6 ‘‘SEC. 16ll. PALO ALTO RECYCLED WATER PIPE- sources Act of 2008) is amended by striking billion gallons of water per year. LINE PROJECT. ‘‘$2,250,000’’ and inserting ‘‘$3,125,000’’. The six water projects contained this bill add ‘‘(a) AUTHORIZATION.—The Secretary, in co- (b) SOUTH BAY ADVANCED RECYCLED WATER operation with the City of Palo Alto, Cali- TREATMENT FACILITY.—Section 1648(d) of the enough water to the system to meet the needs fornia, is authorized to participate in the de- Reclamation Wastewater and Groundwater of 24,225 households—that’s the equivalent to sign, planning, and construction of recycled Study and Facilities Act (43 U.S.C. 390h–31) serving every household in Pittsburg and most water system facilities. (as amended by section 512(a) of the Consoli- in Bay Point.

VerDate Nov 24 2008 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 9920 E:\CR\FM\A29SE7.003 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10006 CONGRESSIONAL RECORD — HOUSE September 29, 2009 These projects will help the cities of Con- trial water delivery facilities for which repay- districts are not saddled with longer- cord, Dublin, Petaluma, Redwood City, Anti- ment is provided pursuant to such contract, term debts and taxpayers will benefit. och, and throughout the Palo Alto area includ- under terms and conditions similar to those used With that, I yield back the balance of in implementing section 210 of the Central Utah ing Stanford University. my time. Project Completion Act (Public Law 102–575), as Ms. BORDALLO. Mr. Speaker, I yield But more importantly, these water projects amended. The prepayment— will help the state as a whole. (1) shall result in the United States recovering to the gentleman from Utah (Mr. This bill—and others like it, is a critical piece the net present value of all repayment streams MATHESON), the author of this legisla- of the puzzle. We cannot solve California’s that would have been payable to the United tion, such time as he may consume. water situation without a significant investment States if this Act was not in effect; Mr. MATHESON. Mr. Speaker, I in recycling wastewater and putting it to bene- (2) may be provided in several installments to would really like to thank Chairman reflect substantial completion of the delivery fa- ficial use. RAHALL for moving this bill so quickly, cilities being prepaid, and any increase in the and folks on both sides of the aisle on This program is a smart and efficient way to repayment obligation resulting from delivery of conserve water supplies, lessen our impact on water in addition to the water being delivered the Resources Committee have been our natural resources, and create jobs and under this contract as of the date of enactment very helpful in moving this bill. support local businesses. of this Act; As was discussed, this legislation will Today’s bill expands on a successful part- (3) shall be adjusted to conform to a final cost allow the Uintah Water Conservancy nership that the Congress has already author- allocation including costs incurred by the Bu- District to better use its resources to ized—in total, the 14 water reuse projects that reau of Reclamation, but unallocated as of the prepay its debt to the Federal Govern- date of the enactment of this Act that are allo- the Bay Area partnership is building will ment. cable to the water delivered under this contract; Rural counties in Utah—the second- produce nearly 100,000 acre-feet of water per (4) may not be adjusted on the basis of the year. type of prepayment financing used by the Dis- most arid State in the Nation—have a The bill before us today allows us to take trict; and significant need for water that has some of the pressure off the Bay-Delta, and it (5) shall be made such that total repayment is only increased over time. The water in authorizes cities across the Bay Area to join in made not later than September 30, 2019. Uintah County is utilized by both mu- a strong Federal-State -local partnership that The SPEAKER pro tempore. Pursu- nicipalities, irrigators, and manufac- is providing our region a sustainable and reli- ant to the rule, the gentlewoman from turing industries. This bill will move able clean water supply. Guam (Ms. BORDALLO) and the gen- us towards greater assurance of the de- I urge my colleagues to support H.R. 2442. tleman from Virginia (Mr. WITTMAN) velopment of water supplies in that Mr. WITTMAN. Mr. Speaker, I yield each will control 20 minutes. part of our State. back the balance of my time. The Chair now recognizes the gentle- I will just point out the Uintah Ms. BORDALLO. Mr. Speaker, I yield woman from Guam. Water Conservancy District has oper- back the balance of my time. GENERAL LEAVE ated and maintained both the Vernal The SPEAKER pro tempore. The Ms. BORDALLO. Mr. Speaker, I ask and Jensen units of the Central Utah question is on the motion offered by unanimous consent that all Members Project since 1956. It has been around the gentlewoman from Guam (Ms. may have 5 legislative days in which to for a long time, and the debt that the BORDALLO) that the House suspend the revise and extend their remarks and in- county would like to prepay, which is rules and pass the bill, H.R. 2442, as clude extraneous material on the bill the subject of this legislation, was in- amended. under consideration. curred to construct a water project The question was taken. The SPEAKER pro tempore. Is there that is part of the original Central The SPEAKER pro tempore. In the objection to the request of the gentle- Utah Project. opinion of the Chair, two-thirds being woman from Guam? Now, the district has always made its in the affirmative, the ayes have it. There was no objection. payments on time, but we have a cir- Mr. BROUN of Georgia. Mr. Speaker, Ms. BORDALLO. Mr. Speaker, H.R. cumstance now where its capability on that I demand the yeas and nays. 2950, as amended, would allow a water and its financing create a situation The yeas and nays were ordered. district in central Utah to pay off the where it makes economic sense for it The SPEAKER pro tempore. Pursu- debt it owes to the Federal Govern- to prepay its debt; and, interestingly ant to clause 8 of rule XX and the ment early. The bill, sponsored by Con- enough, at the same time, the CBO Chair’s prior announcement, further gressman JIM MATHESON of Utah, has scores this as a positive for the Federal proceedings on this motion will be broad bipartisan support. Government as well. So this is one of postponed. I ask my colleagues to support pas- those classic win-wins, where a local sage of this important legislation. water conservancy district can prepay f I reserve the balance of my time. its debt and do right by its constitu- ALLOWING FOR PREPAYMENT OP- Mr. WITTMAN. Mr. Speaker, I yield ents, and it also assists the Federal TION FOR UINTAH WATER CON- myself such time as I may consume. Government in terms of a positive SERVANCY DISTRICT CONTRACT Mr. Speaker, today I rise in support score from CBO in terms of how it af- Ms. BORDALLO. Mr. Speaker, I move of this legislation. This bill would fects the Federal finances as well. to suspend the rules and pass the bill allow the Uintah Water Conservancy As was mentioned, the bill has broad (H.R. 2950) to direct the Secretary of District to prepay its contractual com- bipartisan support. I do want to thank the Interior to allow for prepayment of mitment to the U.S. Treasury. This everyone on both sides of the aisle— repayment contracts between the prepayment will bring much-needed both members and staff on the Re- United States and the Uintah Water funds to the Federal Treasury over a sources Committee—for helping us Conservancy District, as amended. 10-year period. with this. The Clerk read the title of the bill. Unfortunately, current Federal law I would add one other point that the The text of the bill is as follows: does not allow most water districts gentleman from Virginia mentioned. It H.R. 2950 with Federal water contracts to prepay is unfortunate that we have to do a bill their balances. This is similar to pro- every time to allow for this type of pre- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in hibiting a homeowner from prepaying a payment. This is pretty common sense, Congress assembled, mortgage loan. Congress must enact a and a decision in the private sector SECTION 1. PREPAYMENT OF CERTAIN REPAY- law each time a water district wants to gets made all the time. And so I would MENT CONTRACTS BETWEEN THE prepay its balance on a Bureau of Rec- encourage the effort to try to come up UNITED STATES AND THE UINTAH lamation project. with a broader piece of legislation that WATER CONSERVANCY DISTRICT. For this reason, Water and Power will allow us to look at this issue in a The Secretary of the Interior shall allow for Subcommittee Ranking Member TOM more extensive way. prepayment of the repayment contract no. 6–05– MCCLINTOCK has indicated that he may 01–00143 between the United States and the I encourage passage of the bill. Uintah Water Conservancy District dated June author general legislation to allow Ms. BORDALLO. Mr. Speaker, I 3, 1976, and supplemented and amended on No- more water districts to prepay their again urge Members to support this vember 1, 1985, and on December 30, 1992, pro- contracts without congressional ap- very important piece of legislation. viding for repayment of municipal and indus- proval. That would mean that water I yield back the balance of my time.

VerDate Nov 24 2008 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.027 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10007 The SPEAKER pro tempore. The Guam (Ms. BORDALLO) and the gen- significantly, leading to new seeps and question is on the motion offered by tleman from Virginia (Mr. WITTMAN) springs in the area. Estimates suggest the gentlewoman from Guam (Ms. each will control 20 minutes. that at one time up to 1 billion gallons BORDALLO) that the House suspend the The Chair now recognizes the gentle- of water may have accumulated. rules and pass the bill, H.R. 2950, as woman from Guam. Emergency measures are currently amended. GENERAL LEAVE being undertaken by the Environ- The question was taken; and (two- Ms. BORDALLO. Mr. Speaker, I ask mental Protection Agency and the Bu- thirds being in the affirmative) the unanimous consent that all Members reau of Reclamation to relieve water rules were suspended and the bill, as may have 5 legislative days in which to pressure in the vicinity. However, leg- amended, was passed. revise and extend their remarks and in- islation attempting to address this A motion to reconsider was laid on clude extraneous material on the bill matter and authorizing the Secretary the table. under consideration. of the Interior to rehabilitate this tun- f The SPEAKER pro tempore. Is there nel dates back to at least 1976. objection to the request of the gentle- In response to the request for action LEADVILLE MINE DRAINAGE TUN- woman from Guam? from the local community, I have NEL REMEDIATION ACT OF 2009 There was no objection. again worked together with Senator Ms. BORDALLO. Mr. Speaker, I move Ms. BORDALLO. Mr. Speaker, H.R. MARK UDALL of Colorado in a bipar- to suspend the rules and pass the bill 3123, introduced by our colleague, Rep- tisan manner and reintroduced H.R. (H.R. 3123) to direct the Secretary of resentative DOUG LAMBORN, would di- 3123. The bill would direct the Bureau the Interior, acting through the Bu- rect the Bureau of Reclamation to rem- of Reclamation to relieve water pres- reau of Reclamation, to remedy prob- edy problems caused by collapses in the sure behind blockages in the tunnel, lems caused by a collapsed drainage Leadville Mine Drainage Tunnel. Due permanently manage the mine pool be- tunnel in Leadville, Colorado, and for to structural deterioration, contami- hind any blockage to prevent any re- other purposes, as amended. nated water has backed up in the tun- leases of contaminated water, and The Clerk read the title of the bill. nel, posing a public health threat and manage the tunnel in such a way to The text of the bill is as follows: an environmental threat. prevent failure of the structure. H.R. 3123 I ask my colleagues to support the I remind Members that only minor Be it enacted by the Senate and House of Rep- bill’s passage. technical changes have been made resentatives of the United States of America in I reserve the balance of my time. since this bill was originally passed by Mr. WITTMAN. Mr. Speaker, I yield Congress assembled, the House of Representatives in the myself such time as I may consume. SECTION 1. LEADVILLE MINE DRAINAGE TUNNEL previous Congress. I respectfully re- REMEDIATION. Mr. Speaker, today I rise in support quest each Member to support this leg- (a) SHORT TITLE.—This section may be of this legislation offered by our Colo- islation. Human safety and environ- cited as the ‘‘Leadville Mine Drainage Tun- rado colleague, DOUG LAMBORN. This nel Remediation Act of 2009’’. legislation has been supported on a bi- mental integrity need to be appro- (b) TUNNEL REMEDIATION.—The Reclama- partisan basis and deserves passage priately and responsibly addressed. tion Projects Authorization and Adjustment today because it will help prevent a po- Ms. BORDALLO. Mr. Speaker, I have Act of 1992 (Public Law 102–575) is amended no additional requests for time and as follows: tential human safety disaster in Leadville, Colorado. would inquire of the minority whether (1) By striking section 705. they have any additional speakers. (2) In section 708(a)— The Leadville Mine Tunnel was sup- (A) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; posed to be used for a nearby Federal Mr. WITTMAN. Mr. Speaker, the mi- (B) by striking ‘‘The Secretary shall have’’ water project; however, it has ended up nority has no additional speakers, and and inserting ‘‘Except as provided by para- becoming a public danger because of its with that I yield back the balance of graph (2), the Secretary shall have’’; and potential to burst with chemical-laden my time. (C) by adding at the end the following: water on nearby residents. Since the Ms. BORDALLO. Mr. Speaker, I ‘‘(2) The Secretary shall participate in the again urge Members to support this implementation of the operable unit 6 rem- Federal Government owns this tunnel, it is therefore a Federal responsibility. bill, and I yield back the balance of my edy for the California Gulch Superfund Site, time. including, but not limited to, the following I urge my colleagues to support this actions: necessary legislation which fell victim The SPEAKER pro tempore. The ‘‘(A) Treating water behind any blockage to party politics earlier this year. question is on the motion offered by or bulkhead in the Leadville Mine Drainage Mr. Speaker, I yield 5 minutes to the the gentlewoman from Guam (Ms. Tunnel, including surface water diverted gentleman from Colorado (Mr. BORDALLO) that the House suspend the into the Tunnel workings as part of the LAMBORN). rules and pass the bill, H.R. 3123, as remedy. Mr. LAMBORN. I thank my colleague amended. ‘‘(B) Managing and maintaining the mine for yielding. The question was taken; and (two- pool behind such blockage or bulkhead at a thirds being in the affirmative) the level that precludes surface runoff and re- Mr. Speaker, the Leadville Mine leases and minimizes the potential for tunnel Drainage Tunnel was originally con- rules were suspended and the bill, as failure due to excessive water pressure in the structed by the Federal Bureau of amended, was passed. tunnel.’’. Mines in the 1940s and 1950s to facili- A motion to reconsider was laid on (3) In section 708(f), by striking ‘‘and 708’’ tate the extraction of lead and zinc ore the table. and inserting ‘‘, 708, and 709’’. for the World War II and Korean war f (4) By adding at the end of title VII the fol- efforts. The Bureau of Reclamation ac- lowing: quired the tunnel in 1959 hoping to use THUNDER BAY NATIONAL MARINE ‘‘SEC. 709. TUNNEL MAINTENANCE. it as a source of water for the SANCTUARY AND UNDERWATER ‘‘The Secretary shall take such steps to re- Fryingpan-Arkansas project. pair or maintain the structural integrity of PRESERVE BOUNDARY MODI- the Leadville Mine Drainage Tunnel (LMDT) With the passage and subsequent FICATION ACT as may be necessary in order to prevent tun- signing into law of H.R. 429 during the 102d Congress in 1992, the Bureau of Ms. BORDALLO. Mr. Speaker, I move nel failure and to preclude uncontrolled re- to suspend the rules and pass the bill lease of water from any portion of the tun- Reclamation constructed and con- (H.R. 905) to expand the boundaries of nel.’’. tinues to operate a water treatment (5) In the table of sections contained in plant at the mouth of the tunnel. This the Thunder Bay National Marine section 2— treatment plant removes metal con- Sanctuary and Underwater Preserve, (A) by striking the item relating to section taminants from the water. and for other purposes, as amended. 705; and Groundwater levels at the tunnel The Clerk read the title of the bill. (B) by inserting after the item relating to The text of the bill is as follows: section 708 the following new item: have fluctuated in recent years. H.R. 905 ‘‘Sec. 709. Tunnel maintenance.’’. b 1430 Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Pursu- In addition, a collapse in the tunnel resentatives of the United States of America in ant to the rule, the gentlewoman from has increased the tunnel’s mine pool Congress assembled,

VerDate Nov 24 2008 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.014 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10008 CONGRESSIONAL RECORD — HOUSE September 29, 2009 SECTION 1. SHORT TITLE. aged as part of the National Marine Sanc- BART STUPAK of Michigan, is strongly This Act may be cited as the ‘‘Thunder Bay tuary System established by section 301(c) of supported by the administration, the National Marine Sanctuary and Underwater the National Marine Sanctuaries Act (16 State of Michigan, the affected coun- Preserve Boundary Modification Act’’. U.S.C. 1431(c)), in accordance with that Act. ties, the communities, the local cham- (e) UPDATED NOAA CHARTS.—The Sec- SEC. 2. FINDINGS AND PURPOSES. bers of commerce, and the Thunder (a) FINDINGS.—Congress makes the fol- retary shall— lowing findings: (1) produce updated National Oceanic and Bay Sanctuary Advisory Council. (1) Thunder Bay National Marine Sanc- Atmospheric Administration charts for the So I ask Members on both sides of tuary and Underwater Preserve in Lake area in which the Sanctuary is located; and the aisle to support its passage. Huron contains more than 100 recorded his- (2) include on such charts the boundaries of I reserve the balance of my time. toric vessel losses. the Sanctuary described in subsection (b), as (2) The areas immediately surrounding the modified in accordance with subsection (c). Mr. WITTMAN. Mr. Speaker, I yield Sanctuary, including the offshore waters of SEC. 5. EXTENSION OF REGULATIONS AND MAN- myself such time as I may consume. Presque Isle and Alcona Counties, Michigan, AGEMENT. Mr. Speaker, according to testimony contain an equal number of historic vessel (a) REGULATIONS.—The regulations applica- on H.R. 905, the Thunder Bay National losses. ble to the Sanctuary codified in subpart R of Marine Sanctuary and Underwater Pre- (3) Many of these shipwrecks and under- part 922 of title 15, Code of Federal Regula- serve Boundary Modification Act, there water cultural resources are popular rec- tions, as in effect on the date of the enact- appears to be broad local support for reational diving destinations, and all con- ment of this Act, shall apply to the geo- tribute to our collective maritime heritage. graphic area added to the Sanctuary pursu- this expansion. In addition, the legisla- (4) These resources are susceptible to dam- ant to section 4, unless the Secretary speci- tion does not include any new statu- age from human activities, and must be fies otherwise by regulation. tory prohibitions which would prohibit properly preserved for themselves and to pro- (b) EXISTING CERTIFICATIONS.—The Sec- or restrict activities within the sanc- tect the economic viability of their contribu- retary may certify that any license, permit, tuary. However, there have been con- tion to national and regional economies. approval, other authorization, or right to cerns voiced on this side of the aisle (b) PURPOSES.—The purposes of this Act conduct a prohibited activity made pursuant about the potential increased costs of are— to section 922.194 of title 15, Code of Federal this boundary expansion that expands (1) to expand the Thunder Bay National Regulations, that exists on the date of the Marine Sanctuary and Underwater Preserve enactment of this Act shall apply to such an the current sanctuary by almost nine boundaries to encompass the offshore waters activity conducted within the geographic times its current size. of Presque Isle and Alcona Counties, Michi- area added to the Sanctuary pursuant to sec- While the Thunder Bay National Ma- gan and outward to the international border tion 4. rine Sanctuary is entirely within the between the United States and Canada; and (c) DATE OF SANCTUARY DESIGNATION.—For waters of the State of Michigan, con- (2) to provide the underwater cultural re- purposes of section 922.194 of title 15, Code of cern has been raised that the cost of Federal Regulations, the date of the enact- sources of those areas equal protection to this expansion and any future needs that currently afforded to the Sanctuary. ment of this Act shall be deemed to be the will fall on the Federal Government. SEC. 3. DEFINITIONS. date of Sanctuary designation. In this Act: (d) MANAGEMENT PLAN.—To the extent Not only will this increase the Federal (1) SANCTUARY.—The term ‘‘Sanctuary’’ practicable, the Secretary shall apply the costs for managing the resources that means the Thunder Bay National Marine management plan in effect for the Sanctuary are entirely within State waters, but it Sanctuary and Underwater Preserve. on the date of the enactment of this Act to could also have a negative effect on the (2) SECRETARY.—The term ‘‘Secretary’’ the geographic area added to the Sanctuary other national marine sanctuaries. pursuant to section 4. means the Secretary of Commerce. With that, though, Mr. Speaker, we SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT. The SPEAKER pro tempore. Pursu- do thank Mr. STUPAK for his efforts in (a) BOUNDARY ADJUSTMENT.—Notwith- ant to the rule, the gentlewoman from preserving national marine sanc- standing any provision of law or regulation, Guam (Ms. BORDALLO) and the gen- including section 922.190 of title 15, Code of tuaries. tleman from Virginia (Mr. WITTMAN) I reserve the balance of my time. Federal Regulations, as in effect on the date each will control 20 minutes. of the enactment of this Act, the Sanctuary Ms. BORDALLO. Mr. Speaker, I yield shall consist of the geographic area de- The Chair recognizes the gentle- woman from Guam. to the gentleman from Michigan (Mr. scribed in subsection (b). STUPAK), the author of this legislation, (b) EXPANDED BOUNDARY ADJUSTMENT.— GENERAL LEAVE such time as he may consume. The area referred to in subsection (a) is all Ms. BORDALLO. Mr. Speaker, I ask Mr. STUPAK. Mr. Speaker, I thank submerged lands, including the underwater unanimous consent that all Members the gentlelady for yielding me time. cultural resources, lakeward of the mean may have 5 legislative days in which to high waterline, within the boundaries of a I introduced H.R. 905, the Thunder line formed by connecting points in succes- revise and extend their remarks and in- clude extraneous material on the bill Bay National Marine Sanctuary and sion beginning at a point along the mean Underwater Preserve Boundary Modi- high water line located approximately at under consideration. 45.6262N, 84.2043W at the intersection of the The SPEAKER pro tempore. Is there fication Act, to expand the boundaries northern Presque Isle and northeastern Che- objection to the request of the gentle- of the preserve. I want to thank the boygan County boundary, then north to a woman from Guam? bill’s cosponsors, my Michigan col- point approximately 45.7523N, 84.2011W, then There was no objection. leagues, Congressmen KILDEE, northeast to a point approximately 45.7777N, Ms. BORDALLO. Mr. Speaker, the MCCOTTER and EHLERS. Their support 84.1231W, then due east to the international Thunder Bay National Marine Sanc- has been instrumental in moving this boundary between the United States and legislation. Canada approximately located at 45.7719N, tuary is the only national marine sanc- 83.4840W then following the international tuary located in the Great Lakes. The In 1975, Michigan State University, in boundary between the United States and sanctuary provides protection for more response to local interest, collected an Canada in a generally southeasterly direc- than 100 nationally significant historic inventory of shipwrecks located within tion to a point approximately 44.5128N, shipwrecks in an area of Lake Huron Lake Huron’s Thunder Bay. What they 82.3295W, then due west to a point along the known as ‘‘shipwreck alley,’’ but an found was that Thunder Bay poten- mean high water line located approximately equal number of historic wrecks lie im- tially contained the largest number of at 44.5116N, 83.3186W at the intersection of historical shipwrecks in the country. the southern Alcona County and northern mediately north and south of the exist- Iosco County boundary, returning to the ing sanctuary boundary. This discovery warranted the estab- first point along the mean high water line. The pending measure would extend lishment of an underwater ‘‘reserve,’’ (c) AUTHORITY TO MAKE MINOR ADJUST- the sanctuary’s boundary to encompass and in 1981, the State of Michigan de- MENTS.—The Secretary may make minor ad- more than 100 additional shipwrecks clared Thunder Bay Michigan’s first justments to the boundary described in sub- and submerged resources and afford to Great Lakes bottomland preserve. section (b) to facilitate enforcement and these historic resources the protection, Following this State recognition, the clarify the boundary to the public provided research, education and public out- National Oceanic and Atmospheric Ad- the resulting boundary is consistent with the purposes described in section 2(b). reach capabilities of the National Ma- ministration designated the Thunder (d) INCLUSION IN THE SYSTEM.—The area de- rine Sanctuaries Act. Bay National Marine Sanctuary in scribed in subsection (b), as modified in ac- This bipartisan legislation, intro- 2000, making it the first sanctuary in cordance with subsection (c), shall be man- duced by our colleague, Representative the Great Lakes.

VerDate Nov 24 2008 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.006 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10009 The sanctuary is a Federal-State the gentlewoman from Guam (Ms. inserting ‘‘and’’ after the semicolon at the end partnership with a unique focus on pre- BORDALLO) that the House suspend the of clause (iv), and by adding at the end the fol- serving the large collection of under- rules and pass the bill, H.R. 905, as lowing: ‘‘(v) integrated ecosystem assessments;’’; water cultural resources. These re- amended. (D) in paragraph (4)— sources consist of 100 shipwrecks span- The question was taken. (i) by striking ‘‘Environmental Protection ning more than 200 years of Great The SPEAKER pro tempore. In the Agency’’ and inserting ‘‘Chesapeake Executive Lakes shipping history. In order to opinion of the Chair, two-thirds being Council’’; and study and preserve the cultural re- in the affirmative, the ayes have it. (ii) by inserting before the semicolon at the sources present at Thunder Bay, in 2005 Mr. BROUN of Georgia. Mr. Speaker, end the following: ‘‘as appropriate to further purposes of this section’’; the National Oceanic and Atmospheric on that I demand the yeas and nays. (E) by striking paragraphs (5) and (7); Administration and the State of Michi- The yeas and nays were ordered. (F) by redesignating paragraph (6) as para- gan established the Great Lakes Mari- The SPEAKER pro tempore. Pursu- graph (5); and time Heritage Center in Michigan in ant to clause 8 of rule XX and the (G) by adding at the end the following: Alpena, Michigan. Chair’s prior announcement, further ‘‘(6) perform any functions necessary to sup- The Great Lakes Maritime Heritage proceedings on this motion will be port the programs referred to in paragraph (3).’’; and Center allows visitors to learn about postponed. (3) by striking subsection (c) and all that fol- Great Lakes maritime history, explore f lows through the end of the section and insert- shipwrecks via live video feeds, and see CHESAPEAKE BAY SCIENCE, EDU- ing the following: how archaeologists continue to pre- ‘‘(c) PROGRAM ACTIVITIES.— CATION, AND ECOSYSTEM EN- serve these historic sites. To continue ‘‘(1) IN GENERAL.—The Administrator, through HANCEMENT ACT OF 2009 this positive outcome, the Thunder the Director, shall implement the program ac- Bay Sanctuary Advisory Council, a 15- Ms. BORDALLO. Mr. Speaker, I move tivities authorized by this subsection to support the activity of the Chesapeake Executive Coun- member group representing local inter- to suspend the rules and pass the bill (H.R. 1771) to reauthorize the Chesa- cil and to further the purposes of this section. ests such as fishermen, the business ‘‘(2) ENSURING SCIENTIFIC AND TECHNICAL community, educational institutions peake Bay Office of the National Oce- MERIT.—The Director shall— and local government, have passed a anic and Atmospheric Administration, ‘‘(A) establish and utilize an effective and resolution recommending the sanc- and for other purposes, as amended. transparent mechanism to ensure that projects tuary be expanded. The Clerk read the title of the bill. funded under this section have undergone ap- This legislation is supported by the The text of the bill is as follows: propriate peer review; and ‘‘(B) provide other appropriate means to de- H.R. 1771 State of Michigan, the local units of termine that such projects have acceptable sci- government, and the local chambers of Be it enacted by the Senate and House of Rep- entific and technical merit for the purpose of commerce of each county that is af- resentatives of the United States of America in achieving maximum utilization of available fected. Congress assembled, funds and resources to benefit the Chesapeake H.R. 905 would extend the sanctuary’s SECTION 1. SHORT TITLE. Bay area. boundaries to include the waters off This Act may be cited as the ‘‘Chesapeake ‘‘(3) CONSULTATION WITH CHESAPEAKE EXECU- Alcona, Alpena and Presque Isle coun- Bay Science, Education, and Ecosystem En- TIVE COUNCIL.—The Director shall, in the imple- ties in Michigan and extend the sanc- hancement Act of 2009’’. mentation of the program activities authorized SEC. 2. REAUTHORIZATION OF NOAA CHESA- under this section, consult with the Chesapeake tuary east to the international bound- Executive Council, to ensure that the activities ary with Canada. PEAKE BAY OFFICE. Section 307 of the National Oceanic and At- of the Office are consistent with the purposes Currently, the sanctuary covers 448 mospheric Administration Authorization Act of and priorities of the Chesapeake Bay Agreement square miles of water and 115 miles of 1992 (15 U.S.C. 1511d) is amended— and plans developed pursuant to the Agreement. shoreline, protecting 116 shipwrecks. (1) in subsection (a)— ‘‘(4) INTEGRATED COASTAL OBSERVATIONS.— H.R. 905 would increase this area to (A) in paragraph (1) by striking ‘‘(in this sec- ‘‘(A) IN GENERAL.—The Administrator, 3,722 square miles of water and 226 tion’’ and all that follows and inserting a pe- through the Director, may collaborate with sci- entific and academic institutions, State and miles of shoreline, adding an additional riod; (B) by amending paragraph (2) to read as fol- Federal agencies, non-governmental organiza- 180 shipwrecks to the sanctuary. In ad- tions, and other constituents in the Chesapeake dition, the legislation would direct lows: ‘‘(2) The Office shall be headed by a Director, Bay watershed, to support an integrated obser- NOAA to produce updated charts of the who— vations system for the Chesapeake Bay con- newly designated areas and apply the ‘‘(A) shall have knowledge and experience in sistent with the purposes of subtitle C of title protection and preservation provisions research or resource management efforts in the XII of Public Law 111–11 (33 U.S.C. 3601 et seq.). ‘‘(B) SPECIFIC REQUIREMENTS.—To support the in the existing management plan to the Chesapeake Bay; and system referred to in subparagraph (A) and pro- newly added areas. ‘‘(B) shall be responsible for the administra- vide a complete set of environmental informa- tion and operation of the office and the imple- By authorizing an expansion of Thun- tion for the Chesapeake Bay, the Director mentation of this Act.’’; and der Bay National Marine Sanctuary, shall— (C) by striking paragraph (3); the affected local communities would ‘‘(i) coordinate existing monitoring and ob- (2) in subsection (b)— receive the benefits of having addi- serving activities in the Chesapeake Bay; (A) by striking so much as precedes paragraph tional historical resources highlighted ‘‘(ii) identify new data collection needs and (1) and inserting the following: deploy new technologies, as appropriate; and preserved, as well as increased ‘‘(b) PURPOSE.—The purpose of this section is tourism, which is an important driver ‘‘(iii) collect and analyze the scientific infor- to focus the relevant science, research, and re- mation necessary for the management of living for economic growth of this part of source management capabilities of the National marine resources and the marine habitat associ- northeastern lower Michigan. Oceanic and Atmospheric Administration as ated with such resources; I urge my colleagues to support my they apply to the Chesapeake Bay and to utilize ‘‘(iv) manage and interpret the information legislation. I thank the chairperson the Office to—’’; described in clause (iii); and and the ranking member for their help (B) in paragraph (2), by striking ‘‘Secretary of ‘‘(v) organize the information described in Commerce’’ and inserting ‘‘Administrator’’; and support on this legislation. clause (iii) into products that are useful to pol- (C) in paragraph (3)— icy makers, resource managers, scientists, and Ms. BORDALLO. Mr. Speaker, I have (i) by striking the matter preceding subpara- no additional speakers, and I inquire if the public. graph (A) and inserting the following: ‘‘(C) CHESAPEAKE BAY INTERPRETIVE BUOY the minority has any additional speak- ‘‘(3) coordinate the programs and activities of SYSTEM.—To further the development and imple- ers. the various organizations within the National mentation of the Chesapeake Bay Interpretive Mr. WITTMAN. Mr. Speaker, we have Oceanic and Atmospheric Administration in fur- Buoy System, the Director may— no additional speakers, and with that I therance of such administration’s coastal re- ‘‘(i) support the establishment and implemen- yield back the balance of my time. source stewardship mission, including—’’; tation of the Captain John Smith Chesapeake Ms. BORDALLO. Mr. Speaker, I (ii) in subparagraph (A), by striking ‘‘and’’ National Historic Trail; after the semicolon at the end of clause (vi), and again urge Members to support this im- ‘‘(ii) delineate key waypoints along the trail by inserting after clause (vii) the following: and provide appropriate real-time data and in- portant bill, and I yield back the bal- ‘‘(viii) coastal hazards and climate change; formation for trail users; ance of my time. and’’; and ‘‘(iii) interpret data and information for use The SPEAKER pro tempore. The (iii) in subparagraph (B), by striking ‘‘and’’ by educators and students to inspire steward- question is on the motion offered by after the semicolon at the end of clause (iii), by ship of Chesapeake Bay; and

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‘‘(iv) incorporate the Chesapeake Bay Inter- ‘‘(vii) collection, synthesis, and sharing of in- GENERAL LEAVE pretive Buoy System into the Integrated Ocean formation to inform and influence coastal and Ms. BORDALLO. Mr. Speaker, I ask Observing System regional network of observ- living resource management issues; and unanimous consent that all Members atories. ‘‘(viii) other activities that the Director deter- may have 5 legislative days in which to ‘‘(5) CHESAPEAKE BAY WATERSHED EDUCATION mines are appropriate to carry out the purposes AND TRAINING PROGRAM.— of such program. revise and extend their remarks and in- ‘‘(A) IN GENERAL.—The Administrator, ‘‘(d) REPORTS.— clude extraneous material on the bill through the Director, may establish a Chesa- ‘‘(1) IN GENERAL.—The Administrator, through under consideration. peake Bay watershed education and training the Director, shall submit a biennial report to The SPEAKER pro tempore. Is there program. The program shall— the Congress and the Secretary of Commerce on objection to the request of the gentle- ‘‘(i) continue and expand the Chesapeake Bay the activities of the Office and on progress made watershed education programs offered by the woman from Guam? in protecting and restoring the living resources There was no objection. Office immediately before the enactment of the and habitat of the Chesapeake Bay. Chesapeake Bay Science, Education, and Eco- ‘‘(2) ACTION PLAN.—Each such report shall in- Ms. BORDALLO. Mr. Speaker, the system Enhancement Act of 2009; clude an action plan for the 2-year period fol- Chesapeake Bay Office of the National ‘‘(ii) improve the understanding of elementary lowing submission of the report, consisting of— Oceanic and Atmospheric Administra- and secondary school students and teachers of ‘‘(A) a list of recommended research, moni- tion has taken bold steps to meet the the living resources of the ecosystem of the toring, and data collection activities necessary bay’s emerging challenges with eco- Chesapeake Bay; to continue implementation of the strategy system-based science, new coastal ‘‘(iii) provide community education to improve under subsection (b)(2); and watershed protection; and ‘‘(B) recommendations to integrate National management techniques, and an effec- ‘‘(iv) meet the educational goals of the Chesa- Oceanic and Atmospheric Administration activi- tive environmental literacy program. peake 2000 Agreement. ties with the activities of the partners in the However, these new priorities are not ‘‘(B) GRANT PROGRAM.—The Director may Chesapeake Bay Program to meet the commit- reflected in the office’s existing au- award grants for the purposes of this para- ments of the Chesapeake 2000 agreement and thorizing statute. graph. Grants awarded under this subpara- subsequent agreements. graph may be used to support education and The pending measure, introduced by ‘‘(e) AGREEMENTS.— Mr. SARBANES of Maryland, would re- training projects that enhance understanding ‘‘(1) IN GENERAL.—The Administrator, through and assessment of a specific environmental the Director, may, subject to the availability of align the office and improve its ability problem in the Chesapeake Bay watershed or a appropriations, enter into and perform such to support ecosystem-based manage- goal of the Chesapeake Bay Program, or protect contracts, leases, grants, or cooperative agree- ment, research science and education, or restore living resources of the Chesapeake ments as may be necessary to carry out the pur- all of which are very essential in our Bay watershed, including projects that— poses of this Act. efforts to restore the Chesapeake Bay. ‘‘(i) provide classroom education, including ‘‘(2) USE OF OTHER RESOURCES.—For purposes I ask Members on both sides to sup- the development and use of distance learning related to the understanding, protection, and and other innovative technologies, related to the port passage of this legislation. restoration of Chesapeake Bay, the Director I reserve the balance of my time. Chesapeake Bay watershed; may use, with their consent and with or without ‘‘(ii) provide watershed educational experi- reimbursement, the land, services, equipment, Mr. WITTMAN. Mr. Speaker, I yield ences in the Chesapeake Bay watershed; personnel, and facilities of any Department, myself such time as I may consume. ‘‘(iii) provide professional development for agency, or instrumentality of the United States, Mr. Speaker, today I rise in support teachers related to the Chesapeake Bay water- or of any State, local government, Indian tribal of H.R. 1771, the Chesapeake Bay shed and the dissemination of pertinent edu- government, or of any political subdivision cation materials oriented to varying grade lev- Science, Education, and Ecosystem En- thereof. els; hancement Act of 2009, which will au- ‘‘(iv) demonstrate or disseminate environ- ‘‘(3) DONATIONS.—The Director may accept thorize a number of programs within mental educational tools and materials related donations of funds, other property, and services the Chesapeake Bay program. I am a to the Chesapeake Bay watershed; for use in understanding, protecting, and restor- ing the Chesapeake Bay. Donations accepted cosponsor of H.R. 1771 and strongly ‘‘(v) demonstrate field methods, practices, and support the efforts of my friend, Mr. techniques including assessment of environ- under this section shall be considered as a gift SARBANES from Maryland. He has been mental and ecological conditions and analysis or bequest to or for the use of the United States. of environmental problems; ‘‘(f) DEFINITIONS.—In this section: a true leader on bay issues in this ef- ‘‘(vi) build the capacity of organizations to ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- fort to improve and extend popular pro- deliver high quality environmental education trator’ means the Administrator of the National grams in the Chesapeake Bay water- programs; and Oceanic and Atmospheric Administration. shed, which is a tremendous advance- ‘‘(vii) educate local land use officials and de- ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The term ‘Chesapeake Bay Agreement’ means the formal, ment in the effort to preserve the bay. cision makers on the relationship of land use to For example, the bill supports efforts natural resource and watershed protection. voluntary agreements executed to achieve the ‘‘(C) COLLABORATION.—The Director shall im- goal of restoring and protecting the Chesapeake to move forward with the Captain John plement the education and training program in Bay ecosystem and the living resources of the Smith Chesapeake National Historic collaboration with the heads of other relevant Chesapeake Bay ecosystem and are signed by Trail. This, the Nation’s first all-water Federal agencies. the Chesapeake Executive Council. historic trail, traces John Smith’s ‘‘(6) COASTAL AND LIVING RESOURCES MANAGE- ‘‘(3) CHESAPEAKE EXECUTIVE COUNCIL.—The 17th-century voyages of discovery in term ‘Chesapeake Executive Council’ means the MENT AND HABITAT PROGRAM.— the bay from Jamestown in my dis- ‘‘(A) IN GENERAL.—The Administrator, representatives from the Commonwealth of Vir- through the Director, may establish a Chesa- ginia, the State of Maryland, the Common- trict. peake Bay coastal living resources management wealth of Pennsylvania, the Environmental The bill also furthers efforts to ex- and habitat program to support coordinated Protection Agency, the District of Columbia, tend NOAA’s smart buoy system that management, protection, characterization, and and the Chesapeake Bay Commission, who are provides real-world weather data and restoration of priority Chesapeake Bay habitats signatories to the Chesapeake Bay Agreement, historical interpretation of points of and living resources, including oysters, blue and any future signatories to that agreement. interest along the Captain John Smith ‘‘(4) DIRECTOR.—The term ‘Director’ means crabs, and submerged aquatic vegetation. Trail. My district includes two of these ‘‘(B) ACTIVITIES.—Under the program, the Di- the Director of the Office. rector may, subject to the availability of appro- ‘‘(5) OFFICE.—The term ‘Office’ means the high-tech buoys. One buoy is located priations, carry out or enter into grants, con- Chesapeake Bay Office established under this just offshore from the site of the first tracts, and cooperative agreements and provide section. permanent English settlement in the technical assistance to support— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— New World at Jamestown. The second ‘‘(i) native oyster restoration; There is authorized to be appropriated to the buoy is located off Sting Ray Point in ‘‘(ii) fish and shellfish aquaculture that is Secretary to carry out this section— the Rappahannock River. This marks ‘‘(1) $17,000,000 for fiscal year 2011; carried out in accordance with a valid Federal the site where Captain John Smith or State permit; ‘‘(2) $18,700,000 for fiscal year 2012; ‘‘(iii) establishment of submerged aquatic ‘‘(3) $20,570,000 for fiscal year 2013; and nearly died from the toxic sting of a vegetation propagation programs; ‘‘(4) $22,627,000 for fiscal year 2014.’’. sting ray. ‘‘(iv) the development of programs that protect The SPEAKER pro tempore. Pursu- Mr. Speaker, these programs high- and restore critical coastal habitats; ant to the rule, the gentlewoman from light the historical and recreational ‘‘(v) habitat mapping, characterization, and Guam (Ms. BORDALLO) and the gen- significance of the bay and are extraor- assessment techniques necessary to identify, as- dinarily important to many of our con- sess, and monitor restoration actions; tleman from Virginia (Mr. WITTMAN) ‘‘(vi) application and transfer of applied sci- each will control 20 minutes. stituents here in the bay watershed. entific research and ecosystem management The Chair recognizes the gentle- And, again, I would like to thank Mr. tools to fisheries and habitat managers; woman from Guam. SARBANES for his leadership on bay

VerDate Nov 24 2008 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.011 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10011 issues and thank him for all of his ef- And there are many other dimensions from Maryland, Congressman SAR- forts to preserve the bay. of this that strengthen the NOAA BANES, for introducing this bill. I reserve the balance of my time. Chesapeake Bay office, but let me just Similarly, H.R. 1053, the Chesapeake Ms. BORDALLO. Mr. Speaker, I yield close by acknowledging again my real Bay Accountability and Recovery Act, to the gentleman from Maryland (Mr. thanks and appreciation for Chairman is legislation that will protect one of SARBANES), the author of this legisla- RAHALL, for Chairperson BORDALLO, for our national treasures and North tion, such time as he may consume. their assistance in getting this through America’s largest estuary while apply- Mr. SARBANES. Mr. Speaker, I want the Natural Resources Committee. ing financial responsibility and ac- to thank Chairperson BORDALLO for Again, a salute to Congressman countability practices to the funds yielding her time. WITTMAN for his continuing efforts on that we appropriate to do so, and I I strongly urge, as one would imagine behalf of the bay. want to thank Congressman WITTMAN as the original sponsor of this bill, that We’re going to turn the corner on the for his leadership on this. As Congress- the Chesapeake Bay Science, Edu- Chesapeake Bay—I have no doubt—and man SARBANES said, he’s been a leader cation, and Ecosystem Enhancement it’s because of the data and the infor- on a number of issues related to the Act of 2009 be adopted by the Chamber. mation and statistics and other things bay, and I congratulate him on it. I want to thank Congressman that are provided by the NOAA office. This legislation institutes perform- WITTMAN for his cosponsorship of this So reauthorizing that component of ance-based measures to ensure that bill. Congressmen KRATOVIL and the Chesapeake Bay program is abso- dollars spent on restoration activities CONNOLLY as well have been strong sup- lutely vital to the enterprise, and I are producing results. Every dollar we porters of it. But I do want to empha- urge my colleagues to support the bill spend on the bay is money well spent, size Congressman WITTMAN’s commit- today. but not if we fail to track these dollars ment to the Chesapeake Bay. He and I Ms. BORDALLO. Mr. Speaker, I in order to determine best practices have gotten in the habit of, we sort of would like to yield to the gentleman and eliminate waste and duplicity. The bill would require the adoption have a mutual admiration society from Maryland (Mr. KRATOVIL) such going here in terms of our commitment time as he may consume. of two methods: crosscut budgeting by to the bay. I think it demonstrates how Mr. KRATOVIL. Mr. Speaker, I rise the Office of Management and Budget; the health of the Chesapeake Bay and in support of H.R. 1771, the Chesapeake and adaptive management by the Envi- ronmental Protection Agency. These its protection and preservation going Bay Science, Education and Ecosystem initiatives will provide a comprehen- forward is really a bipartisan concern. Enhancement Act, and also, with your sive accounting of all bay restoration We hope to continue to work together permission, Mr. Speaker, H.R. 1053, the activities and would be available to ev- with each other and with other Mem- Chesapeake Bay Accountability and eryone, including Congress. By sharing bers in this Chamber to make sure that Recovery Act of 2009, which I believe is this information, stakeholders can the Chesapeake Bay is preserved. next up on the calendar. make better-informed funding deci- Now, the NOAA Chesapeake Bay of- Both bills will protect the beauty and utility of the Chesapeake Bay for fu- sions. fice that this would reauthorize pro- Adaptive management will provide a ture generations while building the vides very important and vital sci- means to evaluate the success and effi- economic base of districts like Mary- entific research and data, habitat res- ciency of bay restoration programs. It land’s First District, my district, toration and environmental education, will increase coordination, reduce over- whose local economies are dependent which all play a very critical role in lap, and improve decisionmaking. Fi- on the health of the Chesapeake Bay. the health of the Chesapeake Bay and nancial responsibility is a theme we By reauthorizing much-needed fund- its restoration. should apply to every dollar we spend, ing, the Chesapeake Bay Science, Edu- 1445 and that includes protection of the b cation and Ecosystem Enhancement bay. We aren’t doing future genera- There are a number of important pro- Act will allow NOAA’s Chesapeake Bay tions any favors if we protect the visions; some have been alluded to. office to continue to play a vital role in Just to reiterate, this will enhance health of the Chesapeake Bay but, at the management and restoration of the the same time, neglect to protect the the Chesapeake Bay Interpretative bay. Buoy System, which provides real-time health of our economy as a whole. Additionally, H.R. 1771 will formally And again, I want to congratulate weather and environmental informa- authorize NOAA’s Bay Watershed Edu- and thank Congressman WITTMAN from tion like wind speed, temperature, and cation and Training, B–WET, program Virginia for introducing the bill. wave heights to the public, especially that you heard Congressman SARBANES Mr. Speaker, I urge support of both to boaters and researchers. discuss. Since first being established in H.R. 1771 and H.R. 1053. It’s got an historical and cultural 2002, this program has provided critical Mr. WITTMAN. Mr. Speaker, I yield component as well. I just emailed my assistance for hands-on watershed edu- myself 2 minutes. staff so they could remind me of the cation for thousands of students and Mr. Speaker, I’d like to recognize Mr. toll free number (877) BUOY–BAY if teachers. KRATOVIL for his work, too. He is very you want to call and tap into this in- When educators are given the nec- much a partner in making sure that we formation on a real-time basis, or you essary tools to engage their students, restore the bay and put forth the ef- can go to www.buoybay.org. This is an the curriculum can foster a lifelong un- forts that we need to. incredible resource for people, particu- derstanding about the importance of We know that Maryland’s First Dis- larly for the next generation. the bay and create future generations trict and Virginia’s First District are That is another thing this reauthor- of stewards committed to its health very, very similar. They have many, ization will do. It will bolster the and beauty. many resources in common; they have Chesapeake Bay watershed education In the short term, the bill will ex- many needs in common. We all realize and training program, which we know pand the technical assistance that that restoring the bay is a good envi- as the B–WET program which provides NOAA can offer watermen who practice ronmental effort, but it’s also a good hands-on environmental education and emerging aquaculture techniques. economic effort. We know it’s an eco- teaches young people about how their Many watermen have found success nomic driver. We know the jobs that everyday actions affect the health of with aquaculture that has led to an in- the bay creates. We know a healthy the bay. crease in both the clam and oyster pop- bay creates more jobs and creates a I’m an author of the No Child Left ulations. This bill will build on these more vibrant economy, both for our Inside Act, which is designed to get successes, keeping the seafood industry seafood industry and for our tourism people, young people, outdoors and into viable and protecting the overall eco- industry. nature. This is the kind of information system of the Chesapeake Bay. So I appreciate his effort to partner and data that is then made available to Support of the legislation will help to make sure that we get things done them so that they can really engage ensure the vitality of our natural re- with the bay, and I think it’s a great firsthand in this effort on behalf of the sources throughout the bay in the long partnership that should stand as an ex- bay. term, and I thank again my colleague ample of how you can, across State

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Mr. Speaker, I of all funds received and obligated from a report on the implementation of the adapt- again urge Members to support this im- Federal agency for restoration activities ive management plan required under this portant piece of legislation, and I yield during the current and preceding fiscal section for such fiscal year. back the balance of my time. years; and (2) CONTENTS.—The report required under The SPEAKER pro tempore. The (4) a description of each of the proposed paragraph (1) shall contain information Federal and State restoration activities to about the application of adaptive manage- question is on the motion offered by be carried out in the succeeding fiscal year ment to restoration activities and programs, the gentlewoman from Guam (Ms. (corresponding to those activities listed in including programmatic and project level BORDALLO) that the House suspend the subparagraphs (A) and (B) of paragraph (1)), changes implemented through the process of rules and pass the bill, as amended. including the— adaptive management. The question was taken. (A) project description; (3) EFFECTIVE DATE.—Paragraph (1) shall The SPEAKER pro tempore. In the (B) current status of the project; apply to the first fiscal year that begins opinion of the Chair, two-thirds being (C) Federal or State statutory or regu- after the date of enactment of this Act. latory authority, programs, or responsible in the affirmative, the ayes have it. SEC. 4. INDEPENDENT EVALUATOR FOR THE agencies; CHESAPEAKE BAY PROGRAM. Mr. BROUN of Georgia. Mr. Speaker, (D) authorization level for appropriations; (a) IN GENERAL.—There shall be an Inde- on that I demand the yeas and nays. (E) project timeline, including bench- pendent Evaluator for restoration activities The yeas and nays were ordered. marks; in the Chesapeake Bay watershed, who shall The SPEAKER pro tempore. Pursu- (F) references to project documents; review and report on restoration activities ant to clause 8 of rule XX and the (G) descriptions of risks and uncertainties and the use of adaptive management in res- Chair’s prior announcement, further of project implementation; toration activities, including on such related proceedings on this motion will be (H) adaptive management actions or topics as are suggested by the Chesapeake framework; Executive Council. postponed. (I) coordinating entities; (b) APPOINTMENT.— f (J) funding history; (1) IN GENERAL.—The Independent Eval- uator shall be appointed by the Adminis- CHESAPEAKE BAY ACCOUNT- (K) cost-sharing; and (L) alignment with existing Chesapeake trator from among nominees submitted by ABILITY AND RECOVERY ACT OF Bay Agreement and Chesapeake Executive the Chesapeake Executive Council. 2009 Council goals and priorities. (2) NOMINATIONS.—The Chesapeake Execu- Ms. BORDALLO. Mr. Speaker, I move (b) MINIMUM FUNDING LEVELS.—The Direc- tive Council may submit to the Adminis- tor shall only describe restoration activities to suspend the rules and pass the bill trator 4 nominees for appointment to any va- in the report required under subsection (a) cancy in the office of the Independent Eval- (H.R. 1053) to require the Office of Man- that— uator. agement and Budget to prepare a cross- (1) for Federal restoration activities, have (c) REPORTS.—The Independent Evaluator cut budget for restoration activities in funding amounts greater than or equal to shall submit a report to the Congress every the Chesapeake Bay watershed, to re- $100,000; and 3 years in the findings and recommendations quire the Environmental Protection (2) for State restoration activities, have of reviews under this section. Agency to develop and implement an funding amounts greater than or equal to (d) CHESAPEAKE EXECUTIVE COUNCIL.—In $50,000. this section the term ‘‘Chesapeake Executive adaptive management plan, and for (c) DEADLINE.—The Director shall submit Council’’ has the meaning given that term other purposes, as amended. to Congress the report required by sub- by section 307 of the National Oceanic and The Clerk read the title of the bill. section (a) not later than 30 days after the Atmospheric Administration Authorization The text of the bill is as follows: submission by the President of the Presi- Act of 1992 (Public Law 102–567; 15 U.S.C. H.R. 1053 dent’s annual budget to Congress. 1511d). (d) REPORT.—Copies of the financial report SEC. 5. DEFINITIONS. Be it enacted by the Senate and House of Rep- required by subsection (a) shall be submitted In this Act, the following definitions apply: resentatives of the United States of America in to the Committees on Appropriations, Nat- (1) ADAPTIVE MANAGEMENT.—The term Congress assembled, ural Resources, Energy and Commerce, and ‘‘adaptive management’’ means a type of SECTION 1. SHORT TITLE. Transportation and Infrastructure of the natural resource management in which This Act may be cited as the ‘‘Chesapeake House of Representatives and the Commit- project and program decisions are made as Bay Accountability and Recovery Act of tees on Appropriations, Environment and part of an ongoing science-based process. 2009’’. Public Works, and Commerce, Science, and Adaptive management involves testing, Transportation of the Senate. SEC. 2. CHESAPEAKE BAY CROSSCUT BUDGET. monitoring, and evaluating applied strate- (e) EFFECTIVE DATE.—This section shall (a) CROSSCUT BUDGET.—The Director, in apply beginning with the first fiscal year gies and incorporating new knowledge into consultation with the Chesapeake Executive after the date of enactment of this Act for programs and restoration activities that are Council, the chief executive of each Chesa- which the President submits a budget to based on scientific findings and the needs of peake Bay State, and the Chesapeake Bay Congress. society. Results are used to modify manage- Commission, shall submit to Congress a fi- ment policy, strategies, practices, programs, SEC. 3. ADAPTIVE MANAGEMENT PLAN. nancial report containing— and restoration activities. (a) IN GENERAL.—Not later than 1 year (1) an interagency crosscut budget that after the date of enactment of this Act, the (2) ADMINISTRATOR.—The term ‘‘Adminis- displays— Administrator, in consultation with other trator’’ means the Administrator of the En- (A) the proposed funding for any Federal Federal and State agencies, shall develop an vironmental Protection Agency. restoration activity to be carried out in the adaptive management plan for restoration (3) CHESAPEAKE BAY STATE.—The term succeeding fiscal year, including any planned activities in the Chesapeake Bay watershed ‘‘Chesapeake Bay State’’ or ‘‘State’’ means interagency or intra-agency transfer, for that includes— the States of Maryland, West Virginia, Dela- each of the Federal agencies that carry out (1) definition of specific and measurable ware, and New York, the Commonwealths of restoration activities; objectives to improve water quality, habitat, Virginia and Pennsylvania, and the District (B) to the extent that information is avail- and fisheries; of Columbia. able, the estimated funding for any State (2) a process for stakeholder participation; (4) CHESAPEAKE BAY WATERSHED.—The term restoration activity to be carried out in the (3) monitoring, modeling, experimentation, ‘‘Chesapeake Bay watershed’’ means the succeeding fiscal year; and other research and evaluation practices; Chesapeake Bay and the geographic area, as (C) all expenditures for Federal restoration (4) a process for modification of restoration determined by the Secretary of the Interior, activities from the preceding 3 fiscal years, activities that have not attained or will not consisting of 36 tributary basins, within the the current fiscal year, and the succeeding attain the specific and measurable objectives Chesapeake Bay States, through which pre- fiscal year; and set forth under paragraph (1); and cipitation drains into the Chesapeake Bay. (D) all expenditures, to the extent that in- (5) a process for prioritizing restoration ac- (5) CHIEF EXECUTIVE.—The term ‘‘chief ex- formation is available, for State restoration tivities and programs to which adaptive ecutive’’ means, in the case of a State or activities during the equivalent time period management shall be applied. Commonwealth, the Governor of each such described in subparagraph (C); (b) IMPLEMENTATION.—The Administrator State or Commonwealth and, in the case of (2) a detailed accounting of all funds re- shall implement the adaptive management the District of Columbia, the Mayor of the ceived and obligated by all Federal agencies plan developed under subsection (a). District of Columbia.

VerDate Nov 24 2008 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.023 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10013 (6) DIRECTOR.—The term ‘‘Director’’ means peake Bay is in trouble. While the There’s only benefit that can be had the Director of the Office of Management States and Federal Government con- when you bring this crosscutting per- and Budget. tinue to fund restoration activities, the spective in terms of the dollars that (7) RESTORATION ACTIVITIES.—The term news has not been getting much better. are spent, and I want to congratulate ‘‘restoration activities’’ means any Federal Congressman WITTMAN for bringing or State programs or projects that directly It is time we reevaluate our efforts and or indirectly protect, conserve, or restore determine if we can get better results that kind of discipline to the overall living resources, habitat, water resources, or from Federal and State expenditures. program. water quality in the Chesapeake Bay water- I offered H.R. 1053, the Chesapeake I also just wanted to emphasize the shed, including programs or projects that Bay Accountability and Recovery Act, adaptive management strategy, be- promote responsible land use, stewardship, to address these issues and help move cause in a way this dovetails very nice- and community engagement in the Chesa- forward bay cleanup efforts. ly with the bill we just spoke about re- peake Bay watershed. Restoration activities H.R. 1053 would implement and garding reauthorization of the NOAA may be categorized as follows: strengthen management techniques office, and the reason is that what (A) Physical restoration. like crosscut budgeting and adaptive adaptive management strategies are (B) Planning. management to ensure that we get all about is recognizing if you can (C) Feasibility studies. (D) Scientific research. more bang for our buck and continue adopt a certain strategy to deal with (E) Monitoring. to make progress in Chesapeake Bay the health of the Chesapeake Bay, and (F) Education. restoration efforts. then just put it on a course, it never (G) Infrastructure Development. Both techniques will ensure that changes. we’re coordinating how restoration dol- The SPEAKER pro tempore. Pursu- b 1500 ant to the rule, the gentlewoman from lars are spent and making sure that ev- Science is always changing, and be- Guam (Ms. BORDALLO) and the gen- eryone understands how individual cause science changes, we have to ad- tleman from Virginia (Mr. WITTMAN) projects fit into the bigger picture. just to make sure that our manage- each will control 20 minutes. That way, we’re not duplicating ef- ment strategies reflect that science. The Chair recognizes the gentle- forts, wasting money, or working at The very kind of information and data woman from Guam. cross purposes. that the NOAA office will be producing GENERAL LEAVE H.R. 1053 would require the Office of because it is reauthorized is the exact Ms. BORDALLO. Mr. Speaker, I ask Management and Budget, in coordina- kind of data that can be used for this unanimous consent that all Members tion with State and Federal agencies adaptive management approach. may have 5 legislative days in which to involved in the bay, to report to Con- gress on the status of Chesapeake Bay So I think this is a very good and revise and extend their remarks and in- strong bill, and is going to enhance our clude extraneous material on the bill restoration activities. This legislation would also require the Environmental efforts to protect and preserve and under consideration. strengthen the Chesapeake Bay over The SPEAKER pro tempore. Is there Protection Agency to develop and im- time. I congratulate Congressman objection to the request of the gentle- plement an adaptive management plan WITTMAN for his efforts, and I urge sup- woman from Guam? for the Chesapeake Bay and all of its port of the bill. There was no objection. restoration activities. Mr. WITTMAN. Mr. Speaker, we have Ms. BORDALLO. Mr. Speaker, res- Finally, on recommendations heard no additional speakers, and with that I toration of Chesapeake Bay continues during committee hearings on this bill, yield back the balance of my time. to be a very important goal for Con- we included the creation of an inde- Ms. BORDALLO. Mr. Speaker, I ap- gress and the administration, yet ac- pendent evaluator for the bay. An inde- plaud the author of this legislation, counting and oversight is difficult be- pendent evaluator will serve to help Mr. WITTMAN of Virginia, and I again cause the restoration activities are implement adaptive management and urge Members to support this very im- managed concurrently by a network of drive success in the bay program. portant legislation. Federal agencies, States, and non- I believe that these are key compo- nents for the complex restoration ac- I yield back the balance of my time. governmental organizations. The SPEAKER pro tempore. The tivities necessary to truly bring the The pending measure introduced by question is on the motion offered by bay back to a state that we will all be our colleague, Mr. WITTMAN of Vir- the gentlewoman from Guam (Ms. ginia, would enhance congressional pleased with. BORDALLO) that the House suspend the I ask my colleagues to support H.R. oversight of restoration activities in rules and pass the bill, H.R. 1053, as 1053. Chesapeake Bay by requiring the prep- amended. aration of a crosscut budget. It would I reserve the balance of my time. Ms. BORDALLO. Mr. Speaker, I yield The question was taken. also require the Environmental Protec- The SPEAKER pro tempore. In the to the gentleman from Maryland (Mr. tion Agency and other partners to de- opinion of the Chair, two-thirds being SARBANES) such time as he may con- velop and implement a comprehensive in the affirmative, the ayes have it. adaptive management strategy for res- sume. Ms. BORDALLO. Mr. Speaker, on Mr. SARBANES. Mr. Speaker, I want toration activities to ensure that the that I demand the yeas and nays. best available scientific information is to thank Chairperson BORDALLO again The yeas and nays were ordered. incorporated. for yielding to me. The SPEAKER pro tempore. Pursu- So I ask Members, Mr. Speaker, to I want to urge my colleagues to sup- ant to clause 8 of rule XX and the support H.R. 1053. port H.R. 1053, Congressman WITTMAN’s Chair’s prior announcement, further I reserve the balance of my time. bill. I’m a cosponsor and proud to be proceedings on this motion will be Mr. WITTMAN. Mr. Speaker, I yield one. This is a good way of bringing postponed. more of a comprehensive perspective to myself such time as I may consume. f Mr. Speaker, I would first like to our efforts on behalf of the Chesapeake thank Chairman RAHALL, Ranking Bay. NATIONAL LIFE INSURANCE Member HASTINGS, Mr. BROWN and Ms. As many have mentioned, you know, AWARENESS MONTH BORDALLO for working with me to bring we’re talking about the bay, we’re Mr. LYNCH. Mr. Speaker, I move to this legislation to the floor. talking about a watershed with a tribu- suspend the rules and agree to the reso- I am honored to represent Virginia’s tary system that originates in six lution (H. Res. 16) supporting the goals First Congressional District. The First States and the District of Columbia, all and ideals of National Life Insurance District includes many of the bay’s flowing into the Chesapeake Bay. So Awareness Month. major tributaries and borders much of we’ve got a lot of geographic areas to The Clerk read the title of the resolu- the Chesapeake’s shores. Improving the manage and link together, as well as tion. health of the bay is a priority to me numerous organizations, governmental The text of the resolution is as fol- and many of my constituents, and I and nongovernmental organizations, lows: think most Members of Congress. citizens organizations, educational or- H. RES. 16 As Members have heard on a number ganizations, that are all working on Whereas life insurance is an essential part of occasions, the health of the Chesa- the same goal. of a sound financial plan;

VerDate Nov 24 2008 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.010 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10014 CONGRESSIONAL RECORD — HOUSE September 29, 2009 Whereas life insurance provides financial to the financial security of American loved ones. Due to insufficient cov- security for families by helping surviving families by supporting the goals and erage, many families, upon losing loved members meet immediate and long-term fi- ideals of National Life Insurance ones, often are forced to work extra nancial obligations and objectives in the Awareness Month. jobs or longer hours, borrow money, or event of a premature death in their family; Whereas approximately 68,000,000 United While preparing for the inevitable move to less desirable housing because States citizens lack the adequate level of life may be a difficult task, it is a task there was no insurance. insurance coverage needed to ensure a secure that we should all take time to com- House Resolution 16 calls on the Na- financial future for their loved ones; plete. Life insurance products are in- tion to observe the month of Sep- Whereas life insurance products protect tended to better insure the financial tember as Life Insurance Awareness against the uncertainties of life by enabling security and stability of our loved ones Month, and the issue has been elevated individuals and families to manage the fi- by allowing them to meet impending by a broad coalition of providers and nancial risks of premature death, disability, and future financial obligations in the advocates, including members of the and long-term care; event of a death, disability or other un- Life and Health Insurance Foundation Whereas individuals, families, and busi- for Education, the National Associa- nesses can benefit from professional insur- certainty in their family. Given the ance and financial planning advice, including importance of life insurance to sound tion of Insurance and Financial Advi- an assessment of their life insurance needs; financial planning, I would encourage sors, and the American Council of Life and all families to review their financial Insurers. Our collective goal for the Whereas numerous groups supporting life situations and consider life insurance month is to make families more aware insurance have designated September 2009 as products as a possible safeguard of their life insurance needs and en- ‘‘National Life Insurance Awareness Month’’ against the financial impact of an un- courage them to seek professional ad- as a means to encourage consumers to— foreseen event. vice, as well as take the actions nec- (1) become more aware of their life insur- essary to provide financial security for ance needs; I’d like to thank the gentlewoman (2) seek professional advice regarding life from Illinois (Mrs. BIGGERT) and the their loved ones. insurance; and gentleman from Pennsylvania (Mr. Mr. Speaker, many of my colleagues (3) take the actions necessary to achieve fi- KANJORSKI) for offering this inform- on both the Financial Services Com- nancial security for their loved ones: Now, ative measure, and I urge my col- mittee and the Education and Labor therefore, be it leagues to join me in supporting House Committee, especially my colleague ´ Resolved, That the House of Representa- Resolution 16. from Texas, RUBEN HINOJOSA, and I tives— I reserve the balance of my time. have been working very hard to in- (1) supports the goals and ideals of ‘‘Na- Mr. TURNER. Mr. Speaker, I yield as crease the level of financial literacy tional Life Insurance Awareness Month’’; much time as she may consume to my across the Nation. We recognize that and by empowering consumers with the (2) calls on the Federal Government, distinguished colleague from the State States, localities, schools, nonprofit organi- of Illinois (Mrs. BIGGERT). knowledge and understanding of how zations, businesses, and the citizens of the Mrs. BIGGERT. I thank the gen- financial products work and how they United States to observe the month with ap- tleman from Ohio (Mr. TURNER) for can work towards financial security, propriate programs and activities. yielding me the time, and I also want we are taking a critical step that will The SPEAKER pro tempore. Pursu- to thank my colleague from Massachu- help protect consumers from unex- ant to the rule, the gentleman from setts (Mr. LYNCH) for managing this pected financial hardships and prepare Massachusetts (Mr. LYNCH) and the resolution. them to succeed in today’s complex fi- gentleman from Ohio (Mr. TURNER) Mr. Speaker, I rise today to urge my nancial marketplace. It is my hope each will control 20 minutes. colleagues to support House Resolution that recognizing Life Insurance Aware- The Chair recognizes the gentleman 16, which offers support to the goals ness Month will help motivate Ameri- from Massachusetts. and ideals of National Life Insurance cans to seek information about the GENERAL LEAVE Awareness Month as recognized this benefits of life insurance so that the Mr. LYNCH. Mr. Speaker, I ask unan- September. I want to thank my friend premature death of a loved one does imous consent that all Members may and colleague, the gentleman from not bring with it economic hardships have 5 legislative days in which to re- Pennsylvania (Mr. KANJORSKI), for in- that too often accompany tragedy. I ask my colleagues to join me in vise and extend their remarks. troducing this resolution with me for The SPEAKER pro tempore. Is there the sixth year. During previous years support of the goals and ideals of this objection to the request of the gen- the House has passed identical resolu- year’s National Life Insurance Aware- tleman from Massachusetts? tions by voice vote or with as many as ness Month. Mr. TURNER. Mr. Speaker, I urge all There was no objection. 412 ‘‘yes’’ votes. This year’s resolution Mr. LYNCH. I now yield myself such has 59 cosponsors from both sides of Members to support the passage of H. time as I may consume. the aisle. Res. 16, and I yield back the balance of Mr. Speaker, on behalf of the Com- I also want to thank the gentleman my time. Mr. LYNCH. Mr. Speaker, in closing, mittee on Oversight and Government from New York, Chairman EDOLPHUS I will simply urge my colleagues to Reform, I am pleased to present House TOWNS, and the gentleman from Cali- support this measure offered and spon- Resolution 16 for consideration. This fornia, DARRELL ISSA, for moving this sored by Mrs. BIGGERT of Illinois and resolution expresses our support for resolution through the Committee on Oversight and Government Reform. also Mr. KANJORSKI of Pennsylvania. the goals and ideals of National Life I yield back the balance of my time. Insurance Awareness Month. And last, I acknowledge and thank The SPEAKER pro tempore. The House Resolution 16 was introduced Senator SAXBY CHAMBLISS of Georgia question is on the motion offered by on January 6, 2009, by my colleague, and Senator BEN NELSON of Nebraska the gentleman from Massachusetts Representative JUDY BIGGERT of Illi- for introducing a companion resolution (Mr. LYNCH) that the House suspend nois, and favorably reported out of the in the Senate, Senate Resolution 211, the rules and agree to the resolution, Oversight Committee on September 24 making this a bipartisan, bicameral ef- H. Res. 16. by unanimous consent. In addition, fort. The question was taken. this legislation enjoys the bipartisan Mr. Speaker, life insurance too often The SPEAKER pro tempore. In the support of over 50 Members of Con- is thought of only when it’s too late. opinion of the Chair, two-thirds being gress. How many times have we heard friends in the affirmative, the ayes have it. Mr. Speaker, the life insurance indus- or loved ones sadly reflecting that the Mr. LYNCH. Mr. Speaker, on that I try estimates that approximately 68 deceased had no life insurance or had demand the yeas and nays. million Americans lack sufficient life too little life insurance? Today, only The yeas and nays were ordered. insurance coverage to safeguard the fi- four in 10 adults in America own indi- The SPEAKER pro tempore. Pursu- nancial security of their families. Ac- vidual life insurance policies. And ant to clause 8 of rule XX and the cordingly, House Resolution 16 seeks to among those who do have life insur- Chair’s prior announcement, further increase the awareness regarding the ance, the amount is often too small to proceedings on this motion will be importance of life insurance products safeguard the financial future of their postponed.

VerDate Nov 24 2008 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.009 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10015 HONORING THE LATE JIM Whereas Johnson began his coaching ca- league with his disciples. Many of his JOHNSON reer as head coach at Missouri Southern former assistants are coaching across (1967–68), before serving 4-year tenures at Mr. LYNCH. Mr. Speaker, I move to the country, including Steve Drake and Indiana; Spagnuolo, the head coach of the St. suspend the rules and agree to the reso- Whereas from 1977–83, Johnson served as lution (H. Res. 693) honoring the life defensive coordinator and assistant head Louis Rams, and John Harbaugh, head and accomplishments of Jim Johnson coach at Notre Dame, a stint that included a coach of the Baltimore Ravens. Coach and extending the condolences of the national championship in 1977; Johnson could have been a head coach House of Representatives to his family Whereas an all-conference quarterback anytime, anyplace, anywhere, but his on the occasion of his death. himself at Missouri, Johnson went on to loyalty was with the Philadelphia Ea- The Clerk read the title of the resolu- spend 2 seasons with Buffalo as a tight end gles. (1963–64); tion. But the greatest thing about Jim Whereas a native of Maywood, Illinois, Johnson has nothing to do with the The text of the resolution is as Johnson earned a bachelor’s degree in edu- follows: cation and a master’s degree in physical edu- football field. He was known by every- H. RES. 693 cation from Missouri; and one as the picture of honesty and as a Whereas the City of Philadelphia, Pennsyl- Whereas Johnson is survived by his wife, man who never sought the spotlight vania, and the NFL lost one of our greatest Vicky, 2 children, Scott and Michelle, and 4 but one who gave generously of his treasures yesterday; grandchildren, Katie, Justin, Brandon, and time and his talents. Whereas Philadelphia Eagles Defensive Co- Jax: Now, therefore, be it Mr. Speaker, Jim Johnson is survived ordinator Jim Johnson passed away on July Resolved, That the House of Representa- by his wife, Vicky, two children, Scott 28, 2009, after a courageous battle with can- tives honors Jim Johnson and extends condo- and Michelle, and four grandchildren, lences to his family on the occasion of his cer; Katie, Justin, Brandon and Jax. He Whereas he was a veteran of 22 years as an death. The SPEAKER pro tempore. Pursu- leaves behind grieving friends, players, NFL assistant; colleagues and fans. But our memories Whereas Johnson is regarded as one of the ant to the rule, the gentleman from of him will live forever. top defensive masterminds in NFL history; Massachusetts (Mr. LYNCH) and the I ask my colleagues to support this Whereas over the last decade, he gained a gentleman from Ohio (Mr. TURNER) great deal of praise as the orchestrator of each will control 20 minutes. resolution. the renowned Eagles defense; The Chair recognizes the gentleman Mr. TURNER. Mr. Speaker, I yield Whereas his aggressive style kept Philadel- from Massachusetts. myself such time as I may consume. phia at or near the top of the NFL in nearly I rise in support of H. Res. 693, hon- GENERAL LEAVE every major defensive category since he oring the life and accomplishments of Mr. LYNCH. Mr. Speaker, I ask unan- joined the Eagles staff on January 22, 1999; Jim Johnson and expressing condo- imous consent that all Members may Whereas from 2000–08, Johnson’s units lences to his family on his death. ranked second in the NFL in sacks (390), 3rd have 5 legislative days in which to re- down efficiency (34.0 percent) and red zone vise and extend their remarks on H. Today we honor Jim Johnson for his touchdown percentage (43.9 percent), and Res. 693. life accomplishments and for his posi- fourth in fewest points allowed (17.7 per The SPEAKER pro tempore. Is there tive attitude he exhibited, even as he game); objection to the request of the gen- battled with cancer. Whereas during his 10-year tenure in Phila- tleman from Massachusetts? Mr. Johnson began his coaching ca- delphia, the Eagles earned 7 playoff berths, 5 There was no objection. reer as head coach at Missouri South- trips to the NFC Championship game, and 1 Mr. LYNCH. Mr. Speaker, at this ern University. He went on to coach at Super Bowl appearance (following the 2004 Notre Dame, winning the national season); time I would like to yield 3 minutes to Whereas as the Eagles’ defensive chief, the gentleman from Pennsylvania (Mr. championship in his first year with the Johnson’s defense has produced 26 Pro Bowl BRADY). university. He entered the NFL in 1986 selections, including Brian Dawkins (7), Troy Mr. BRADY. Mr. Speaker, I rise to with the Arizona Cardinals and Vincent (5), Jeremiah Trotter (4), Hugh honor a man who will always be known coached for 22 years for the Cardinals, Douglas (3), Lito Sheppard (2), Asante Sam- as a great Philadelphian and a great the Indianapolis Colts, the Seattle uel (1), Trent Cole (1), Michael Lewis (1), American. Eagles Coach Jimmy John- Seahawks and the Philadelphia Eagles. Corey Simon (1), and Bobby Taylor (1); son was a man of few words. He always Mr. Johnson’s achievements in life Whereas Head Coach Andy Reid correctly let his game do his talking for him. He and his career are truly inspiring. He stated that ‘‘He (Johnson) really represented was one of the top defensive master- everything this city (Philadelphia) is all was a star quarterback at Missouri and about, with his toughness and grit’’, ‘‘That’s began his coaching career at Missouri minds in NFL history. In fact, his ag- the way he fought this cancer’’; Southern. Jim Johnson spent nearly 50 gressive style, noted for its frequent Whereas 4 of his defensive assistants have years in football. He coached in the blitzing, kept Philadelphia at or near gone on to successful careers with other NFL USFL, for the Arizona Cardinals and the top of the NFL in nearly every franchises, including Steve Spagnuolo (head for the Indianapolis Colts. But he major defensive category since Mr. coach of the St. Louis Rams), John earned the title Genius during 10 sea- Johnson joined the Eagles staff in 1999. Harbaugh (head coach of the Baltimore sons coaching in my hometown of With Mr. Johnson at the helm of the Ravens), Ron Rivera (defensive coordinator defense, the Philadelphia Eagles ap- of the San Diego Chargers), and Leslie Philadelphia. Frazier (defensive coordinator of the Min- The Eagles led the league with 48 peared in five NFC championship nesota Vikings); takeaways, including 28 interceptions, games, including in 2004 when they ad- Whereas prior to his tenure in Philadel- during Mr. Johnson’s first season as de- vanced to the Super Bowl. phia, Johnson served as the linebackers fensive coordinator. By 2001, when the Philadelphia Eagles Head Coach coach with Seattle in 1998; Eagles went to their first of four Andy Reid stated: Whereas that year, Johnson helped the straight NFC championship games, the ‘‘Johnson really represented every- Seahawks register 10 touchdowns on defense, defense was ranked among the best in thing the City of Philadelphia is all including 8 interceptions returned for scores, about, with his toughness and grit. second-most in NFL history; the NFL in almost every category. And Whereas he arrived in Seattle after a 4- they remain an elite unit today. In That’s the way he fought this cancer.’’ year stint in Indianapolis, spending the last Coach Johnson’s final season, the team It is clear that Mr. Johnson made a 2 years as defensive coordinator; had the NFC’s top-ranked defense and large impact on those around him on Whereas while with the Colts, Johnson earned yet another trip to the NFC and off the field. Sadly, Mr. Johnson helped them secure a berth in the AFC title game. passed away from melanoma on July Championship game at Pittsburgh in 1995; The Eagles’ defense had 26 Pro Bowl 28, 2009, at the age of 68. Though he has Whereas Johnson spent 8 seasons with the selections during Mr. Johnson’s tenure, left this world, he will forever be re- Arizona Cardinals (1986–93); including seven by safety Brian membered for his accomplishments. Whereas after overseeing the Cardinals de- I rise today to ask my colleagues to fensive line for 4 seasons, Johnson excelled Dawkins. The team played in five NFC as their secondary coach, helping Aeneas championship games and one Super join me in honoring Mr. Johnson and Williams become the first rookie cornerback Bowl, and won five NFC East titles. expressing our condolences to his fam- to lead the league in interceptions (6) since And his greatest legacy hasn’t yet ily in his passing by supporting H. Res. 1981; been written. Coach has seeded the 693.

VerDate Nov 24 2008 01:50 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.030 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10016 CONGRESSIONAL RECORD — HOUSE September 29, 2009 Mr. Speaker, I reserve the balance of As noted by the Philadelphia In- the United States, with the disease occurring my time. quirer, Coach Johnson’s Eagles career in approximately 1 in 500 newborn African- Mr. LYNCH. Mr. Speaker, on behalf will be remembered as ‘‘one of the fin- American infants, 1 in 1,000 newborn His- of the Committee on Oversight and panic-Americans, and is found in persons of est decades of defensive football in the Greek, Italian, East Indian, Saudi Arabian, Government Reform, I am proud to Eagles’ history, and when the chapter Asian, Syrian, Turkish, Cypriot, Sicilian, present House Resolution 693 for con- about the top of the 21st century is and Caucasian origin; sideration. This resolution serves to written about this football team, the Whereas more than 2,000,000 Americans honor the life and accomplishments of name Jim Johnson will be mentioned have the sickle cell trait, and 1 in 12 African- NFL coaching legend Jim Johnson, as prominently.’’ Americans carry the trait; well as extend our condolences to the In addition to his professional accom- Whereas there is a 1 in 4 chance that a Johnson family on his passing. plishments, Coach Johnson will be child born to parents who both have the sickle cell trait will have the disease; The measure before us was intro- equally remembered as a loving hus- Whereas the life expectancy of a person duced on July 29, 2009, by my colleague band to his wife, Vicky; a dedicated fa- with Sickle Cell Disease is severely limited, who spoke earlier, Representative BOB ther to his son, Scott, and daughter, with an average life span for an adult being BRADY of Pennsylvania. Michelle; and an endearing grandfather 45 years; Whereas, though researchers have yet to b 1515 to four grandchildren. Regrettably, Coach Johnson passed identify a cure for this painful disease, ad- This measure was reported out of the away in July of 2009 at the age of 68. vances in treating the associated complica- tions have occurred; Oversight Committee on September 4, Mr. Speaker, it is my hope that we can 2009, by unanimous consent. Whereas researchers are hopeful that in honor the life and accomplishments of less than two decades, Sickle Cell Disease Additionally, House Resolution 693 Coach Jim Johnson, as well as express has been cosponsored by over 50 Mem- may join the ranks of chronic illnesses that, our sincerest condolences to his family, when properly treated, do not interfere with bers of Congress and enjoys strong sup- through the passage of House Resolu- the activity, growth, or mental development port from the members of the Pennsyl- tion 693. I urge my colleagues to join of affected children; vania House delegation. me in supporting this resolution. Whereas Congress recognizes the impor- Mr. Speaker, House Resolution 693 I reserve the balance of my time. tance of researching, preventing, and treat- ing Sickle Cell Disease by authorizing treat- honors the life and accomplishments of Mr. TURNER. Mr. Speaker, I urge all Mr. Jim Johnson, whose celebrated ment centers to provide medical interven- Members to support the passage of tion, education, and other services and by football career spanned over 40 years at House Resolution 693, and I yield back the collegiate level and with the Na- permitting the Medicaid program to cover the balance of my time. some primary and secondary preventative tional Football League. Mr. LYNCH. In closing, I urge my medical strategies for children and adults A native of Maywood, Illinois, Coach colleagues to join with the lead sponsor with Sickle Cell Disease; Johnson began his career in football as of this resolution, Bob Brady of Penn- Whereas the Sickle Cell Disease Associa- a player—first as an All-Big Eight sylvania, in supporting House Resolu- tion of America, Inc. remains the preeminent advocacy organization that serves the sickle quarterback from 1959 to 1962 at the tion 693. University of Missouri, under Coach cell community by focusing its efforts on I yield back the balance of my time. public policy, research funding, patient serv- Dan Devine, and subsequently as a The SPEAKER pro tempore. The tight end with the Buffalo Bills of the ices, public awareness, and education related question is on the motion offered by to developing effective treatments and a American Football League from 1963 to the gentleman from Massachusetts cure for Sickle Cell Disease; and 1964. (Mr. LYNCH) that the House suspend Whereas the Sickle Cell Disease Associa- In 1967, Mr. Johnson turned his atten- the rules and agree to the resolution, tion of America, Inc. has requested that the tion to coaching and was hired by Mis- H. Res. 693. Congress designate September as Sickle Cell Disease Awareness Month in order to edu- souri Southern College as the head The question was taken; and (two- football coach. Coach Johnson’s 2-year cate communities across the Nation about thirds being in the affirmative) the sickle cell and the need for research funding, tenure at the school was followed by 4- rules were suspended and the resolu- year tours at Drake University and at early detection methods, effective treat- tion was agreed to. ments, and prevention programs: Now, there- Indiana University, and ultimately led A motion to reconsider was laid on fore, be it to a 6-year stint as a defensive backs the table. Resolved by the House of Representatives (the coach and defensive coordinator at the Senate concurring), That the Congress sup- University of Notre Dame. Notably, the f ports the goals and ideals of Sickle Cell Dis- Fighting Irish won the national cham- SICKLE CELL DISEASE ease Awareness Month. pionship in Coach Johnson’s first sea- AWARENESS MONTH The SPEAKER pro tempore. Pursu- son with the team. ant to the rule, the gentleman from Mr. LYNCH. Mr. Speaker, I move to After leaving Notre Dame in 1984, Massachusetts (Mr. LYNCH) and the suspend the rules and agree to the con- Coach Johnson went on to coaching po- gentleman from Ohio (Mr. TURNER) current resolution (H. Con. Res. 186) sitions with the Oklahoma Outlaws and each will control 20 minutes. supporting the goals and ideals of Sick- Jackson Bulls of the United States The Chair recognizes the gentleman le Cell Disease Awareness Month. Football League, and in 1986 entered from Massachusetts. The Clerk read the title of the con- the National Football League as a de- GENERAL LEAVE current resolution. fensive line and secondary coach for Mr. LYNCH. Mr. Speaker, I ask unan- The text of the concurrent resolution the Arizona Cardinals. imous consent that all Members may is as follows: Coach Johnson would later join the have 5 legislative days within which to defensive coaching staffs of the Indian- H. CON. RES. 186 revise and extend their remarks. apolis Colts and the Seattle Seahawks Whereas Sickle Cell Disease is an inherited The SPEAKER pro tempore. Is there before Philadelphia Eagles Coach Andy blood disorder that is a major health prob- objection to the request of the gen- lem in the United States and worldwide; tleman from Massachusetts? Reid pursued and hired Johnson to be Whereas Sickle Cell Disease causes the There was no objection. the Eagles’ defensive coordinator in rapid destruction of sickle cells, which re- Mr. LYNCH. I yield myself such time 1999. It is Coach Johnson’s 10-year pe- sults in multiple medical complications, in- as I may consume. riod with the Eagles that perhaps most cluding anemia, jaundice, gallstones, Mr. Speaker, on behalf of the Over- epitomizes his mastery of defensive strokes, and restricted blood flow, damaging sight and Government Reform Com- schemes and cemented his status, as tissue in the liver, spleen, and kidneys, and mittee, I’m proud to present House noted by Andy Reid, as the ‘‘best in the death; Concurrent Resolution 186 for consider- Whereas Sickle Cell Disease causes epi- business at what he does.’’ ation. This legislation expresses our Coach Johnson’s tenure in Philadel- sodes of considerable pain in one’s arms, legs, chest, and abdomen; support for the goals and ideals of phia witnessed 26 Pro Bowl selections Whereas Sickle Cell Disease affects an esti- Sickle Cell Disease Awareness Month. for the Eagles’ defense, including seven mated 70,000 to 100,000 Americans; The measure before us was intro- by safety Brian Dawkins and five by Whereas approximately 1,000 babies are duced on September 16, 2009, by my col- quarterback Troy Vincent. born with Sickle Cell Disease each year in league and good friend, Representative

VerDate Nov 24 2008 02:39 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.031 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10017 Danny Davis of Illinois, and favorably in the United States has the disease. tration), eye damage, anemia, delayed growth reported out of the Oversight Com- One in eight African American babies and even death. mittee on September 24, 2009, by unani- carry the sickle cell trait. There is a Although it cannot be cured, effective treat- mous consent. In addition, this meas- one in four chance that a child born to ment is available for persons with sickle cell ure enjoys the support of over 70 Mem- parents who both carry the sickle cell disease. The trait and the disease are inher- bers of Congress, and I am proud to say trait will have the disease. Life expect- ited. The most important thing one can do is that I am also an original cosponsor. ancy is limited, as an average lifespan to make sure to get tested. More than Mr. Speaker, House Concurrent Reso- for an adult with the disease is only 45 2,000,000 Americans have the sickle cell trait, lution 186 highlights the importance of years old. and 1 in 12 African-Americans carry the trait. Sickle Cell Disease Awareness Month. A universal cure, though, remains Although researchers have not yet identified Sickle cell disease is an inherited blood elusive. However, early diagnosis a cure for this painful disease, advances in disorder that predominantly affects through newborn screening and edu- treating the associated complications have oc- people of sub-Saharan African ances- cation has improved survival and qual- curred. Once almost exclusively a pediatric ill- try. Today, an estimated 70,000 to ity of life for those who suffer from ness, research has resulted in early detection 100,000 Americans suffer from this dis- SCD. Because SCD affects so many peo- and improvements in treatment that have ex- ease, and nearly 1 in 500 African Amer- ple and research funding is critical to tended life expectancy from the 20s to the ican newborns is born with sickle cell. effectively treating and ultimately to mid-40s for many patients. Although the life Individuals with sickle cell have red preventing the disease, we are grateful expectancy of a person with Sickle Cell Dis- blood cells that assume a rigid sickle for organizations such as the Sickle ease is severely limited, researchers are shape. When these blood cells travel Cell Disease Association of America hopeful that in less than two decades, Sickle through small blood vessels, they often that continues to shine the light of Cell Disease may join the ranks of chronic ill- become stuck and clog blood flow. This hope for all of those who are affected. nesses that, when properly treated, do not causes repeated episodes of severe pain, Therefore, I ask my colleagues to interfere with the activity, growth, or mental organ damage, serious infections, and/ join me in supporting the designation development of affected children. or anemia. of the month of September as National I am glad to be able to recognize the Texas Tragically, the life expectancy of Sickle Cell Disease Awareness Month Children’s Sickle Cell Center for serving over those with sickle cell is also greatly re- so that communities throughout the 900 children in the state of Texas and having duced—42 years for males and 48 years country will become aware of this dis- one of the largest educational programs in the for females. In Africa, more than 90 ease and the need for additional re- country. The Texas Children’s Sickle Cell Cen- percent of children with sickle cell die search, effective treatments, and pre- ter offers comprehensive family-centered care before the illness is even diagnosed. vention programs that will ultimately for children with sickle cell disease. The center There is no cure for this illness; al- provides treatment for all aspects of sickle cell though, with careful supervision, indi- lead to a cure. I reserve the balance of my time. disease, offering patient care, education, viduals with sickle cell can live full Mr. LYNCH. Mr. Speaker, I don’t screening and counseling for afflicted patients and healthy lives. Treatment today is have any further speakers on this mat- and their families. The Sickle Cell Center of- primarily aimed at avoiding crises, re- ter, but I continue to reserve the bal- fers access to new drug therapies for sickle lieving symptoms, and preventing com- ance of my time. cell disease and its complications. The staff plications. Mr. TURNER. Mr. Speaker, I urge all Despite its prevalence and serious- works closely with the neuropsychology, ness, little is known publicly about Members to support the passage of H. neuroradiology, cardiology and pulmonary de- sickle cell disease. For this reason, Con. Res. 186, and I yield back the bal- partments in order to better understand the Sickle Cell Disease Awareness Month ance of my time. pathophysiology and to develop treatment op- Mr. LYNCH. I thank my colleague, presents a valuable opportunity to in- tions. I believe we need more facilities like the and I also urge all of our friends on crease public understanding of this ill- Texas Children’s Sickle Cell Center in order to both sides of the aisle to join with Con- ness and to work collectively to find a not only treat those with the disease, but offer gressman DANNY DAVIS, who’s the lead cure for sickle cell. services and educational programs to the fam- In closing, I wholeheartedly support sponsor of this measure, to support the ily as well. this measure and encourage all my col- ideals and goals of Sickle Cell Disease Mr. Speaker, I urge my colleagues in this leagues to join myself and Representa- Awareness Month by voting for House Congress to recognize the importance of re- tive Danny Davis of Illinois in voting Concurrent Resolution 186. searching, preventing, and treating Sickle Cell in favor of House Concurrent Resolu- Ms. JACKSON-LEE of Texas. Mr. Speaker, Disease by authorizing treatment centers to tion 186. I stand before you today in strong support of provide medical intervention, education, and I reserve the balance of my time. H. Con. Res. 186, ‘‘Supporting the goals and other services and by permitting the Medicaid Mr. TURNER. I yield myself such ideals of Sickle Cell Disease Awareness program to cover some primary and sec- time as I may consume. Month.’’ Sickle Cell Anemia affects an esti- ondary preventative medical strategies for chil- This resolution seeks to bring atten- mated 70,000 to 100,000 Americans. Every dren and adults with Sickle Cell Disease. Fur- tion to sickle cell disease and to sup- year 1,000 babies are born with Sickle Cell thermore, I hope that my colleagues will sup- port the designation of September as Disease in the United States, with the disease port designating September as Sickle Cell Dis- Sickle Cell Awareness Month. occurring in approximately 1 in 500 newborn ease Awareness Month in order to educate Sickle cell disease, SCD, is a deadly African-American infants. We must educate communities across the Nation about sickle genetic blood disorder that strikes, pri- the public and shed light on this disease, es- cell and the need for research funding, early marily, persons of African descent. pecially considering that there is a 1 in 4 detection methods, effective treatments, and Those affected by the disease most chance that a child born to parents who both prevention programs. often appear to be healthy, but their have the sickle cell trait will have the disease. Ms. RICHARDSON. Mr. Speaker, I rise lives are disturbed by sporadic and Sickle Cell Anemia is an inherited blood dis- today in strong support of H. Con. Res. 186, painful attacks in their arms, legs, order that is a major health problem in the ‘‘Supporting the goals and ideals of Sickle Cell chest, and abdomen. United States and worldwide. It not only af- Disease Awareness Month.’’ SCD also causes the rapid destruc- fects African Americans, but Hispanics and Sickle cell disease is an inherited blood dis- tion of sickle cells that results in mul- persons of Greek, Italian, East Indian, Saudi order that affects nearly 100,000 Americans. tiple medical complications, including Arabian, Asian, Syrian, Turkish, Cypriot, Sicil- This disease causes red blood cells to mutate anemia, jaundice, gallstones, strokes, ian, and Caucasian origin. and deliver less oxygen to the body. Numer- and restricted blood flow, causing tis- Sickle Cell Disease causes the rapid de- ous medical complications result including sue damage, cardiovascular, and organ struction of sickle cells, which results in mul- bone pain, fatigue, fever, jaundice, chest pain, damage. Approximately 80,000 African tiple medical complications such as: pain epi- rapid heart rate and ulcers. Most people af- Americans suffer from sickle cell dis- sodes, strokes, increased infections, leg ul- flicted with the disease also suffer painful epi- ease, and millions are affected world- cers, bone damage, yellow eyes or jaundice, sodes called vaso-occlusive crises, which vary wide. early gallstones, lung blockage, kidney dam- in frequency and severity. Ultimately, this dis- Statistics shockingly show that 1 in age and loss of body water in urine, priapism, ease limits a person’s average life span to just every 350 African American babies born blood blockage in the spleen or liver (seques- 45 years.

VerDate Nov 24 2008 02:39 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K29SE7.035 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10018 CONGRESSIONAL RECORD — HOUSE September 29, 2009 In the United States, while 1 in 1,000 infants the rules and agree to the concurrent the Chula Vista Park View Little League are born with the disease, the rate of disease resolution, H. Con. Res. 186. team throughout the season; and for African-American infants is 1 in 500. The The question was taken; and (two- (4) respectfully requests that the Clerk of thirds being in the affirmative) the the House transmit an enrolled copy of this sickle cell disease gene is carried by resolution to the City of Chula Vista and 2,000,000 Americans, yet this number is 1 in rules were suspended and the concur- each player, manager, and coach of the 12 within the African-American community. If rent resolution was agreed to. Chula Vista Park View Little League Base- both parents of a child have sickle cell, there A motion to reconsider was laid on ball Team. is a 1 in 4 chance that their child will inherit the table. The SPEAKER pro tempore. Pursu- the disease. Millions of people world-wide suf- f ant to the rule, the gentleman from fer from sickle cell disease, and those of Afri- CONGRATULATING LITTLE Massachusetts (Mr. LYNCH) and the can and Caribbean ancestry are primarily af- LEAGUE WORLD SERIES CHAM- gentleman from Ohio (Mr. TURNER) fected. PION CHULA VISTA PARK VIEW each will control 20 minutes. Despite these devastating statistics, a cure The Chair recognizes the gentleman has not been found. Researchers are hopeful Mr. LYNCH. Mr. Speaker, I move to from Massachusetts. that if sickle cell disease is properly treated suspend the rules and agree to the reso- GENERAL LEAVE and diagnosed early, it will not interfere with lution (H. Res. 725) congratulating the Mr. LYNCH. Mr. Speaker, I ask unan- the growth and mental development of af- Chula Vista Park View Little League imous consent that all Members may flicted children. Educating our communities team of Chula Vista, California, for have 5 legislative days in which to re- about this disease will enable researchers and winning the 2009 Little League World vise and extend their remarks. advocacy organizations to develop effective Series Championship. The SPEAKER pro tempore. Is there treatments and ultimately a cure. The Clerk read the title of the resolu- objection to the request of the gen- I thank Congressman DANNY K. DAVIS for in- tion. tleman from Massachusetts? troducing this legislation and look forward to The text of the resolution is as fol- There was no objection. working with my colleagues to raise aware- lows: Mr. LYNCH. Mr. Speaker, I yield 5 ness of sickle cell disease. H. RES. 725 minutes to the lead sponsor of this res- Mr. JOHNSON of Georgia. Speaker, I rise Whereas on Sunday, August 30, 2009, the olution, the gentleman from California today in support of H. Con. Res. 186, Sup- Chula Vista Park View Little League Base- (Mr. FILNER). porting the Goals and Ideals of Sickle Cell ball Team from Chula Vista, California, ral- Mr. FILNER. Mr. LYNCH, I thank Disease Awareness Month. Mr. Speaker, the lied to defeat the Taoyuan, Taiwan (Chinese you. I thank Chairman TOWNS and the State of Georgia has over 7,000 individuals, Taipei) Little League Team by a score of 6 to Speaker for getting us this resolution from diverse backgrounds, many of whom are 3 to win the 2009 Little League World Series so quickly. Championship at South Williamsport, Penn- We celebrate today and congratulate my constituents living in DeKalb County, living sylvania; with sickle cell anemia. I have tirelessly advo- the Chula Vista Park View Little Whereas Chula Vista Park View is in its League team for winning the 2009 Lit- cated on their behalf to support the Georgia 41st season of playing little league baseball Comprehensive sickle cell center, which is lo- and is the fourth team from San Diego Coun- tle League World Series. I will tell you, Mr. Speaker, for sev- cated at nearby Grady Hospital. While sickle ty to play in the Little League World Series eral weeks last month, our whole re- cell anemia is found in more diagnosed at a championship game; gion, the San Diego region and the city higher rate among African Americans and Whereas the 2009 Chula Vista Park View of Chula Vista in particular, was en- Latinos, it has also found among people of Little League World Championship Team consists of players Isaiah Armenta, Oscar thralled by these 12 young men on the Greek, Turkish, and Saudi Arabian descent. I Castro, Jr., Nick Conlin, Kiko Garcia, Bulla little league team who managed to win strongly support H. Con. Res. 186 and I urge Graft, Seth Godfrey, Markus Melin, Jensen victory after victory, some with dra- my colleagues to support this important reso- Petersen, Daniel Porras, Jr., Luke Ramirez, matic comebacks from behind. lution. Andy Rios, and Bradley Roberto; They hit home runs whether they Sickle cell anemia is a major health problem Whereas the 2009 Chula Vista Park View were 5 foot 1 or 6 foot 2 and, in fact, set Little League World Championship Team is that affects millions of people worldwide. More the little league world series record for than 70,000 people in the United States have led by Manager Oscar Castro, Coach Ric Ra- mirez, and Park View Little League Presi- number of home runs. Their defensive inherited sickle cell anemia, while more than 2 play was incredible, making some fan- million carry the sickle cell trait, including 1 in dent Rod Roberto; Whereas the Chula Vista Park View Little tastic double plays that were worthy of 12 African-Americans. There is a 25 percent League team was successful because of solid the Major Leagues. chance that parents carrying the Sickle Cell coaching and execution of fundamentals and Running the bases or just cheering trait will pass the disease onto a child. This discipline; on the team, every one of these 12 chronic disease deserves our attention and I Whereas the fans of the Chula Vista Park young men played a very important applaud the efforts of this Congress to ensure View Little League team showed enthu- role, and our whole region was en- that mire is done. siasm, support, and courtesy for the game of baseball and all of the players and coaches; thralled by them. While there is no widely available cure, the So we want to thank Isaiah, Oscar, goal of sickle cell disease management is to Whereas the performance of the Chula Vista Park View Little League team dem- Nick, Kiko, Garcia, Bulla, Seth, alleviate the painful symptoms associated with onstrated to parents and communities Markus, Jensen, Daniel, Luke, Andy, the disease, including gallstones, strokes, tis- throughout the United States that athletic and Bradley for their incredible play in sue, liver, and spleen damage. There has participation builds character and leadership this World Series. The manager, Oscar been a glimmer of hope for a small number of in children; and Castro; the coach, Ric Ramirez; and those infected; bone marrow transplants have Whereas the achievement of the Chula the little league president, Rod Ro- proven to be a successful treatment for the Vista Park View Little League Baseball berto, were key figures, of course, in disease. Over the past 30 years, advances in Team is the cause of enormous pride for the this incredible victory. advocacy and awareness, and improvements Nation, the State of California, and espe- These young men were dubbed the cially for the city of Chula Vista: Now, in medicine have led to increases in early di- therefore, be it Blue Bombers. Their final victory was agnoses, improved disease management, and Resolved, That the House of Representa- over Taipei in a 6–3 victory. They come longer life spans for individuals diagnosed with tives— from behind in that one, too. sickle cell anemia. (1) congratulates the Chula Vista Park They displayed the success that solid It is my hope that in the near future, we can View Little League Baseball Team from coaching brings and the execution of develop a cure for this chronic illness, and en- Chula Vista, California, on winning the 2009 the fundamentals that little league sure that people living with Sickle Cell Anemia Little League World Series Championship; stresses. Again, the whole region was live full, productive lives. (2) recognizes and commends the hard thrilled by their performance—playing Mr. LYNCH. I yield back the balance work, dedication, determination, and com- with poise, with class, with sportsman- mitment to excellence of the members, par- of my time. ents, coaches, and managers of the Chula ship. They even invited the Chinese The SPEAKER pro tempore. The Vista Park View Little League team; Taipei team to join them on their vic- question is on the motion offered by (3) recognizes and commends the people of tory lap around the field at Williams- the gentleman from Massachusetts Chula Vista, California, for the outstanding port to show their own incredible team (Mr. LYNCH) that the House suspend loyalty and support that they displayed for spirit and sportsmanship.

VerDate Nov 24 2008 05:10 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.015 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10019 Chula Vista is a city hard hit by fore- Vista, California, for winning the 2009 I yield back the balance of my time. closures and the national recession. It Little League World Series champion- The SPEAKER pro tempore. The often feels overshadowed by the bigger ship. question is on the motion offered by city of San Diego and affluent suburbs With that, Mr. Speaker, I reserve the the gentleman from Massachusetts further north, so this victory was par- balance of my time. (Mr. LYNCH) that the House suspend ticularly sweet for the city of Chula Mr. LYNCH. Mr. Speaker, on behalf the rules and agree to the resolution, Vista. It helped us all through some of the Committee on Oversight and H. Res. 725. tough times. When our professional Government Reform, I am pleased to The question was taken; and (two- teams in the area were losing, the lit- support House Resolution 725 for con- thirds being in the affirmative) the tle league team was, in fact, victorious. sideration. This resolution congratu- rules were suspended and the resolu- lates the Chula Vista Park View Little tion was agreed to. b 1530 League team of Chula Vista, Cali- A motion to reconsider was laid on So all of us here today commend the fornia, for winning the 2009 Little the table. hard work, dedication and determina- League World Series championship. f tion of the members, the parents who The measure before us was introduced CONSTITUTION DAY came out always to support them and on September 9 by my colleague and were with them the whole way, their friend, Representative BOB FILNER of Mr. LYNCH. Mr. Speaker, I move to coaches, their managers, and the com- California, and it was favorably re- suspend the rules and agree to the reso- munity itself for the outstanding loy- ported out of the Oversight Committee lution (H. Res. 734) expressing the sup- port for and honoring September 17, alty and support that they displayed to on September 24 by unanimous con- 2009 as ‘‘Constitution Day,’’ as amend- the team throughout the whole season. sent. Notably, this measure enjoys the support of over 50 Members of Con- ed. The welcome home ceremony was at- The Clerk read the title of the resolu- tended by 12,000 people in the stadium. gress. Mr. Speaker, House Resolution 725 tion. So I thank the House. I thank the The text of the resolution is as fol- applauds the Chula Vista Park View Speaker. I thank Mr. LYNCH and Chair- lows: man TOWNS for joining me in congratu- Little League baseball team’s Little League World Series championship run. Whereas the Constitution of the United lating and honoring the Chula Vista States was signed on September 17, 1787, by Park View Little League team for win- Led by Coach Ric Ramirez and Man- 39 delegates from 12 States; ning the 2009 World Championship ager Oscar Castro, this group of young Whereas the Constitution was subse- game of the Little League World Se- men clinched the sixth Little League quently ratified by each of the original 13 ries. I urge my colleagues to support World Series title for the State of Cali- States; the resolution. fornia and extended America’s Little Whereas the Constitution was drafted in Mr. TURNER. Mr. Speaker, I yield League World Series championship order to form a more perfect Union, establish streak to 5 years. justice, insure domestic tranquility, provide myself as much time as I may con- for the common defense, promote the general sume. In the championship game, the Cali- fornia club overcame a three-run def- welfare, and secure the blessings of liberty I rise today to urge passage of the for the citizens of the United States; resolution, to congratulate the Chula icit to beat a formidable team from Whereas the Constitution has provided the Vista Park View Little League team of Taipei, China, 6–3. These young men means and structure for this Nation and its Chula Vista, California, for winning demonstrated the type of teamwork, citizens that is unparalleled by any other the 2009 Little League World Series camaraderie and never-say-never spirit country; championship. The players kept their necessary to succeed in all facets of Whereas the Constitution’s contributions life. I wish them the best in their fu- to the welfare of the human race reach far sights high, even after falling behind beyond the borders of the United States; by three runs early in the game. ture endeavors, and I hope if any pur- sue a career in baseball, they find their Whereas the House of Representatives con- Through their perseverance, the play- tinues to strive to preserve and strengthen way to my beloved Red Sox. ers were able to come through with the the values and rights bestowed by the Con- I also want to applaud the Little win by a score of 6–3. stitution upon the United States and its citi- League World Series organizers for or- ‘‘We knew we could come back,’’ said zens; chestrating another successful tour- 13-year-old Kiko Garcia. ‘‘We always Whereas the Constitution is recognized by nament. The Little League World Se- do.’’ The fantastic attitude of these many to be the most significant and impor- ries was first held in 1947, and although tant document in history for establishing players definitely helped them in only American teams competed in the freedom and justice through democracy; achieving victory. There were many inaugural tournament, today the com- Whereas the Constitution deserves the rec- notable achievements on the field, in- petition is a truly international event, ognition, respect, and reverence of all people cluding Bulla Graft’s single, which welcoming teams from Canada, the in the United States; Whereas every person in the United States scored the go-ahead run in the fourth Caribbean, Latin America, Asia, Eu- inning, and Kiko Garcia pitched three- should celebrate the freedom and respon- rope, the Middle East and Africa. sibilities of the Constitution; plus scoreless innings of relief to lead In closing, let us, as a body, applaud the team to victory. Whereas the preservation of such values the Chula Vista Park View Little and rights in the hearts and minds of United The amazing attitude and determina- League baseball team for their hard States citizens would be advanced by official tion of the Chula Vista Little League work and success and congratulate the recognition of the signing of the Constitu- team is not unique to this champion- organizers of the Little League World tion; and ship game. It is something that they Series for helping to instill the indis- Whereas September 17, 2009, is designated have learned through hundreds of as ‘‘Constitution Day’’: Now, therefore, be it pensable values of teamwork, sports- Resolved, That the House of Representa- hours of practice and previous games manship, and dedication in today’s played. Our Nation should be proud of tives— youth. I encourage all of my colleagues (1) expresses support for the goals and the great sportsmanship displayed by to support this measure. ideals of ‘‘Constitution Day’’; and the players, coaches and fans of the I reserve the balance of my time. (2) calls upon the people of the United Chula Vista Park View Little League Mr. TURNER. Mr. Speaker, I urge all States to observe the day with appropriate team. Members to support the passage of H. ceremonies and activities. After the win, the Chula Vista play- Res. 725. The SPEAKER pro tempore. Pursu- ers invited the Taipei team players to I yield back the balance of my time. ant to the rule, the gentleman from join them in a victory lap around the Mr. LYNCH. I thank my colleague for Massachusetts (Mr. LYNCH) and the stadium. These young men should be his remarks. I want to ask all of our gentleman from Ohio (Mr. TURNER) proud of the way they played the game colleagues on both sides of the aisle to each will control 20 minutes. of baseball, even more, the way that join with Mr. FILNER of California, the The Chair recognizes the gentleman they represented their country. lead sponsor of this measure, to con- from Massachusetts. It is for these reasons that I rise gratulate the Chula Vista Park View GENERAL LEAVE today to honor the Chula Vista Park Little League team by agreeing to Mr. LYNCH. Mr. Speaker, I ask unan- View Little League team of Chula House Resolution 725. imous consent that all Members may

VerDate Nov 24 2008 06:01 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.038 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10020 CONGRESSIONAL RECORD — HOUSE September 29, 2009 have 5 legislative days within which to same time and place to draft the Con- should be learned, and it should be revise and extend their remarks. stitution. Within this document are studied. The preamble of our document The SPEAKER pro tempore. Is there the fundamental principles of the states that ‘‘We the People of the objection to the request of the gen- American system of liberty. Our Con- United States, in Order to form a more tleman from Massachusetts? stitution has been that beacon upon perfect Union, establish Justice, insure There was no objection. the hill, that guiding star at night in domestic Tranquility, provide for the Mr. LYNCH. Mr. Speaker, I yield my- that shining city that millions of peo- common defense, promote the general self such time as I may consume. ple around the world have long been Welfare, and secure the Blessings of On behalf of the Oversight Com- guided by within their own countries. Liberty to ourselves and our Posterity, mittee, I now present House Resolution The Constitution took 4 hard, acri- do ordain and establish this Constitu- 734 for consideration. This resolution monious months from May to Sep- tion for the United States of America.’’ expresses support for the goals and tember 1787 to actually bring it to fru- The words ‘‘We the People’’ affirm that ideals embodied in Constitution Day. ition through their hard labor. Again, any power of the Federal Government House Resolution 734 was introduced the citizens that attended the conven- is given to by the people of this great on September 10, 2009, by my colleague, tion in Philadelphia were some of our land, and we in Congress must always Representative ROBERT LATTA of Ohio, greatest leaders and scholars of govern- remember that. and favorably reported out of the Over- ment and history: Madison, Franklin, Mr. LYNCH. Mr. Speaker, we have no sight Committee on September 24, 2009. Hamilton, Morris, and Washington. further speakers at this time, and I In addition, this resolution enjoys the Many different ideas were brought to continue to reserve the balance of my support of over 60 Members of Con- the convention. Were they only empow- time. gress. ered to amend the Articles of Confed- Mr. TURNER. Mr. Speaker, I urge Mr. Speaker, House Resolution 734 eration? There is great debate about Members to support the passage of H. expresses our support for Constitution that. Could they go farther and start Res. 734, and I yield back the balance of Day, which is routinely celebrated on from scratch? Many a discussion was my time. September 17. Eleven years after the held in Philadelphia’s boarding houses Mr. LYNCH. Mr. Speaker, I thank my signing of the Declaration of Independ- and taverns. colleagues for their remarks and sup- ence, 55 delegates from the first Amer- These members began debates on cre- port of this resolution. I urge them to ican States came together in Philadel- ating three branches of government: support Mr. LATTA and his lead spon- phia, Pennsylvania, to create a Con- legislative, executive, and judicial. sorship of this resolution in support of stitution for a Federal Republic. After James Madison, the Father of our Con- the goals and ideals of Constitution much hard work and careful delibera- stitution, was one of the first to arrive Day, and I urge my colleagues to join tion, the Constitution of the United in Philadelphia, and he brought with me in supporting House Resolution 734. States was signed on September 17, him his specifically researched ideas I yield back the balance of my time. 1787, by 39 delegates from 12 States. while others had theirs. You know, it The SPEAKER pro tempore. The As the supreme law of the United turned out to be a very hot summer question is on the motion offered by States, the Constitution provides the that year. There was no air condi- the gentleman from Massachusetts basic structure for the organization of tioning. Secrecy was enforced. The pro- (Mr. LYNCH) that the House suspend the American Government. It is no ex- ceedings mandated that all windows the rules and agree to the resolution, aggeration to say that the United and doors be shut. Tempers flared, but H. Res. 734, as amended. States Constitution is one of the most through it all they worked because The question was taken; and (two- important documents in history, often these men knew that they were cre- thirds being in the affirmative) the referred to as a living document. This ating a document that would be there rules were suspended and the resolu- framework from our representative and for a Nation and for the ages. tion, as amended, was agreed to. democratic system of government has The birth of a new Nation was being The title was amended so as to read: served the American people for over 200 watched by the powers around the ‘‘A resolution expressing support for years, making it the oldest Federal world. As mentioned, 55 delegates at- the goals and ideals of ‘Constitution Constitution still in use in the world. tended the Constitution Convention Day’ ’’. With its separation of powers, its with 39 of them signing the document. A motion to reconsider was laid on checks and balances and preservation What emerged was a document con- the table. of rights, the Constitution is a worthy taining 4,400 words. The story goes that f example to burgeoning democracies ev- when asked what kind of new govern- b 1545 erywhere. ment was formed, Benjamin Franklin Furthermore, the values and prin- replied, ‘‘A Republic, if you can keep COMMUNICATION FROM THE ciples it enshrines continue to be cen- it.’’ The Constitution is both the oldest CLERK OF THE HOUSE tral to our Nation’s identity. I am sure and shortest written constitution of The SPEAKER pro tempore laid be- my colleagues share my pride in serv- any form of government in the world. fore the House the following commu- ing, protecting and defending the Again, personally I marvel at what nication from the Clerk of the House of United States Constitution, and I am these individuals did and what they Representatives: could accomplish in 4 months. Today, pleased that we are taking the oppor- HOUSE OF REPRESENTATIVES, tunity today to honor this most treas- citizens should look to guidance from Washington, DC, September 29, 2009. ured document of our democracy. our Forefathers. All Americans should Hon. NANCY PELOSI, Mr. Speaker, I urge my colleagues to read this great document because, The Speaker, The Capitol, House of Representa- join me in supporting House Resolution since the Constitution’s ratification, it tives, Washington, DC. 734. has been the framework for our great DEAR MADAM SPEAKER: Pursuant to the I reserve the balance of my time. Nation. Not only did great men bring permission granted in Clause 2(h) of Rule II Mr. TURNER. Mr. Speaker, I yield as forth great ideas, but for 222 years, this of the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- much time as he may consume to my great experiment that we call America sage from the Secretary of the Senate on distinguished colleague from the State has been paid for by hundreds of thou- September 29, 2009, at 11:06 a.m.: of Ohio, the author of H. Res. 734, Mr. sands of lives, the lives of our brave That the Senate passed with an amend- LATTA. military men and women. Let the liv- ment H.R. 3614. Mr. LATTA. I thank my colleague. ing always remember to give thanks to That the Senate passed S. 1717. Mr. Speaker, I rise today in support our honored dead, who have paid the That the Senate passed with an amend- of House Resolution 734, which I intro- ultimate sacrifice that the Constitu- ment; requests a conference with the House duced on September 10, honoring and of Representatives and appointed conferees tion of the United States remains our H.R. 2996. supporting Constitution Day. I have al- guiding light. With best wishes, I am ways been grateful that so many of our Too few citizens today have read this Sincerely, country’s greatest leaders and states- important document and understand LORRAINE C. MILLER, men were able to be on Earth at the its importance. It is short, and it Clerk of the House.

VerDate Nov 24 2008 02:39 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.042 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10021 SMALL BUSINESS any program operated by the Small the gentlewoman from New York (Ms. ADMINISTRATION EXTENSION Business Administration for which VELA´ ZQUEZ) that the House suspend the Ms. VELA´ ZQUEZ. Mr. Speaker, I Congress has already appropriated rules and concur in the Senate amend- move to suspend the rules and concur funds. ment to the bill, H.R. 3614. in the Senate amendment to the bill While the goal is to pass comprehen- The question was taken; and (two- (H.R. 3614) to provide for an additional sive legislation reauthorizing the SBA thirds being in the affirmative) the temporary extension of programs under for a longer period, this short-term ex- rules were suspended and the Senate the Small Business Act and the Small tension ensures that these programs amendment was concurred in. Business Investment Act of 1958, and will remain available to small busi- A motion to reconsider was laid on for other purposes. nesses across the country. the table. Without enactment of this extension, The Clerk read the title of the bill. f a number of essential programs that The text of the Senate amendment is the SBA operates would cease to func- RECESS as follows: tion. Given the importance that small The SPEAKER pro tempore. Pursu- Senate amendment: businesses play and will continue to ant to clause 12(a) of rule I, the Chair Strike sections 2 and 3. play in the revitalization of the Amer- declares the House in recess subject to The SPEAKER pro tempore. Pursu- ican economy, we cannot allow the the call of the Chair. ant to the rule, the gentlewoman from SBA authorizations to run out. Accordingly (at 3 o’clock and 56 min- New York (Ms. VELA´ ZQUEZ) and the Enactment of this legislation will en- utes p.m.), the House stood in recess gentleman from Ohio (Mr. TURNER) able the House and Senate to continue subject to the call of the Chair. each will control 20 minutes. to work in a diligent manner to address f The Chair recognizes the gentle- necessary changes to SBA programs. woman from New York. I urge all of my colleagues to suspend b 1802 GENERAL LEAVE the rules and pass H.R. 3614. AFTER RECESS ´ Ms. VELAZQUEZ. Mr. Speaker, I ask Mr. Speaker, I reserve the balance of The recess having expired, the House unanimous consent that all Members my time. was called to order by the Speaker pro Ms. VELA´ ZQUEZ. Mr. Speaker, I have 5 legislative days to revise and ex- tempore (Mr. BLUMENAUER) at 6 o’clock yield 3 minutes to the gentleman from tend their remarks and include extra- and 2 minutes p.m. neous material on the bill under con- Oregon (Mr. WU). f sideration. Mr. WU. Mr. Speaker, I rise in sup- The SPEAKER pro tempore. Is there port of H.R. 3614 and specifically those MOTION TO INSTRUCT CONFEREES objection to the request of the gentle- provisions which extend the SBIR and ON H.R. 2997, AGRICULTURE, woman from New York? STTR programs. RURAL DEVELOPMENT, FOOD There was no objection. Small businesses grow our economy AND DRUG ADMINISTRATION, Ms. VELA´ ZQUEZ. Mr. Speaker, I and they innovate. The SBIR and AND RELATED AGENCIES APPRO- yield myself such time as I may con- STTR programs help small companies PRIATIONS ACT, 2010 develop cutting-edge technologies for sume. Ms. DELAURO. Mr. Speaker, pursu- the marketplace. The legislation before us will ensure ant to clause 1 of rule XXII and by di- However, these programs will expire that a number of Small Business Ad- rection of the Committee on Appro- at the end of this month, and H.R. 3614 ministration programs can continue priations, I move to take from the temporarily extends the authorization operating through the end of October. Speaker’s table the bill (H.R. 2997) of these programs while we work to fi- The House and the Senate have been making appropriations for Agriculture, working diligently on a comprehensive nalize reauthorization efforts. Both the House and the Senate Rural Development, Food and Drug Ad- reauthorization of the SBA’s programs. passed legislation earlier this year to ministration, and Related Agencies However, as we approach the deadline reauthorize SBIR and STTR. We have programs for the fiscal year ending for when these programs will otherwise been working to find those areas of September 30, 2010, and for other pur- expire, this bill is necessary to keep common ground on areas where we dis- poses, with a Senate amendment there- the agency’s programs running. agree, and while we have yet to reach to, disagree to the Senate amendment, Some minor changes to the pro- a final agreement, we all have the same and agree to the conference asked by grams, which were contained in the ex- goal: to reauthorize important pro- the Senate. tension that the House passed last grams which drive our economy and The Clerk read the title of the bill. week, are not in this measure. Al- drive job creation. The motion was agreed to. though the Senate chose not to address SBIR is a program for small business, Mr. KINGSTON. Mr. Speaker, I offer these matters at this time, there is and it is also an innovation program. It a motion to instruct conferees. widespread support for these measures. can and should serve both policy pur- The SPEAKER pro tempore. The I am hopeful that we can revisit those poses. It should not be a stalking horse Clerk will report the motion. The Clerk read as follows: changes soon in future legislation. for Big Business nor should it become In coming weeks the Small Business the preserve of only some small busi- Mr. Kingston moves that the managers on Committee will continue working with nesses while shutting out other small the part of the House at the conference on our Senate counterparts to modernize the disagreeing votes of the two Houses on businesses who are frequently very the Senate amendment to the bill H.R. 2997 the SBA’s programs, some of which good innovators in and of themselves. have not been updated in 10 years. be instructed to not record their approval of We need to find the common ground the final conference agreement (within the While we continue our work, this bill that serves these policy objectives and meaning of clause 12(a)(4) of House rule will allow the SBA’s programs to con- serve them well for the good of our Na- XXII) unless the text of such agreement has tinue operating and serving entre- tion, our economy, and job creation. been available to the managers in an elec- preneurs. With that, I want to recognize the tronic, searchable, and downloadable form I urge my colleagues to vote ‘‘yes.’’ very good work of Chairwoman for at least 72 hours prior to the time de- scribed in such clause. Mr. Speaker, I reserve the balance of VELA´ ZQUEZ in this arena. my time. Mr. TURNER. Again, I urge all Mem- The SPEAKER pro tempore. Pursu- Mr. TURNER. Mr. Speaker, I yield bers to support the passage of H.R. ant to clause 7 of rule XXII, the gen- myself such time as I may consume. 3614. tleman from Georgia (Mr. KINGSTON) I rise today in support of the chair- Mr. Speaker, I have no further re- and the gentlewoman from Connecticut woman’s request to suspend the rules quests for time. I yield back the bal- (Ms. DELAURO) each will control 30 and pass H.R. 3614, as amended. The ance of my time. minutes. bill extends until October 31, 2009, the Ms. VELA´ ZQUEZ. Mr. Speaker, I The Chair recognizes the gentleman authorization of all programs author- yield back the balance of my time. from Georgia. ized by the Small Business Act, the The SPEAKER pro tempore. The Mr. KINGSTON. Mr. Speaker, I yield Small Business Investment Act, and question is on the motion offered by myself such time as I may consume. I

VerDate Nov 24 2008 04:37 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.047 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10022 CONGRESSIONAL RECORD — HOUSE September 29, 2009 also want to thank the chairwoman of erybody has an opportunity to read Also, the time constraints in this in- the Subcommittee on Agriculture, Ms. about it. stitution which have to do with, and DELAURO. I have enjoyed working with I think in this case the sunshine is it’s none of our doing, we were not in her throughout this process. We’ve had always helpful. I think in this bill I be- session yesterday with regard to a holi- a very good debate, we’ve had a number lieve I know what’s in this bill. I feel day. We come back, we are in session of good productive hearings, and we’ve very comfortable about this bill, voting today, we have other constraints when had a lot of good discussions outside for it, and I think most members of the people are coming and going, so that the scope of the hearings that have subcommittee and the Appropriations you’re looking at time is of the essence been helpful. So we have been, I would Committee will. But I will also say in trying to pass legislation. Particu- say, moving the ball forward in good that Members who are not on the Ap- larly, I might add, what we are trying communication. propriations Committee, who always to do is to keep the bills moving, ap- One of the things, though, that Mem- kind of jump on us for doing things be- propriations bills moving, because we bers of Congress need that are not on hind the scenes, they would benefit by know what that means in terms of that this committee is time to read bills. having the bill out on the table. I know fiscal year deadline. And we want to And this was really brought to our at- I would have benefited from the Energy try to get bills passed into law without tention by Mr. BAIRD of Oregon who in- and Commerce Committee having the delay. troduced a bill earlier this session that cap-and-trade bill out on the table for I know that there has been talk of 48 said that a health care bill should lay 72 hours. hours; now I understand this is 72 on the table for 72 hours. So what we are asking in this amend- hours. I think that I want to, if I can To underscore this, I think back at ment is that Members have time to say it this way, responsibly oppose my the TARP bill that we had almost a read bills by putting it on the table for colleague’s motion to instruct. I don’t year ago in November last year. And 72 hours. That’s all that this motion know if we can meet that deadline, but what happened during that bill, as we does. I also do believe fundamentally that we remember, Secretary Paulson was in a I reserve the balance of my time. have, in fact, had a thorough examina- rush to do something big and bold, I Ms. DELAURO. Mr. Speaker, I yield tion of all the issues that are in this think those were his exact words, myself as much time as I may con- appropriations bill and in the con- something significant to send a signal sume. ference bill that I think we can take to to the Wall Street markets that the I, too, want to compliment my col- our colleagues who as well have been Federal Government was going to league, friend and ranking member, following what is going on because stand behind their financial travails. Mr. KINGSTON. I think we have worked they have specific and particular inter- And I remember at one particular together on a bipartisan basis with re- ests in what this bill means for them. point posting that bill on my Web site gard to this piece of legislation, and I I’m someone who agrees that we need on a Sunday night which was the week- think we both feel that we’ve had suffi- to look at bills, read them, understand end that we were in Washington and cient input and we have come through them, et cetera. And I honestly do be- people back home were calling, but this with identifying the needs that lieve that on this piece of legislation they couldn’t get any information. And this Agriculture appropriation bill fo- we have that kind of understanding. we put it on our Web site as soon as it cuses on, the needs of the people who With that, if I may, I would like to was available, which I think was about rely on this piece of legislation. And yield such time as he may consume to 10 p.m. at night. By the morning, I was we’ve had a very thorough examina- my colleague, the chairman of the Ap- floored by the number of constituents tion. We’ve had hearings, not only with propriations Committee, the gen- tleman from Wisconsin (Mr. OBEY). who had already read that bill who ap- regard to the budget processes, but as Mr. OBEY. I thank the gentlewoman preciated the bill being put on the Web well external to that on issues that im- for the time. Let me say this is a very pact a rural community, people who site. interesting institution, and we have all I think also about the cap-and-trade care about conservation, people who kinds of demands placed upon it which bill, which was not a very popular bill. care about nutrition, people who care are often contradictory. Example: Indeed, it hasn’t passed the Senate be- about research in these areas. So, many a Member in this Chamber will cause of the public outcry on it. But again, I think that within the sub- loudly request that we limit earmarks. during the time in the House, the way committee, we have had a very, both at the Democratic majority passed the a member level, and at a staff level, a b 1815 bill was through the usual system very, very close-knit effort. And then they will also ask when we which we, both parties, use around here I might also say that in translating go into conference that their own ear- called ‘‘arm twisting’’ and sometimes that as well to the conference with the marks be funded at the highest possible sweetening the pot of the bill. And in Senate, that Members were engaged in level. I’ve had two Members of the that case, the cap-and-trade bill was that process as well as staff for several House talk to me just today about actually being renegotiated, I believe, weeks as we tried to meld the two those matters. Didn’t seem to be at all at 3 in the morning when the House views together so that it was a thor- bothered by the conflict in what was convening at 9 a.m. ough examination of all of the issues they’re asking. Now, I was sleeping, and I would sug- that are there, and that we could come We have people who say these bills gest that 435 Members of the House to some common resolve about it. So I should be available for 72 hours before were probably sleeping. Maybe a hand- think we can feel good about both the we vote on them, but some of those ful of Members were still awake. work done at the subcommittee level same people will not want the House to Maybe they were in the Speaker’s of- in the House and our work with the meet on Monday and they will not fice having their arms twisted. And Senate on this conference report. want the House to meet on Friday. And maybe they said, In exchange for my Now, I think we have some specific if that’s the case, then that means that vote, I would like to see some language time constraints, which I wish we this bill, for instance, even if it is that’s put in the bill. I don’t know didn’t, but we are guided by a Sep- conferenced tomorrow could not be what happened, Mr. Speaker. But what tember 30 deadline in terms of being voted on any day in the remainder of I do know is that bill was amended. At able to pass a bill and what happens if the week. 3 in the morning, there were things that doesn’t happen with an appropria- We have people who want us to push that were put in that bill. tion bill. There is that time constraint, these bills through before the end of I think because of that, Mr. BAIRD, a but in addition, and the fiscal year the fiscal year, and yet, when we say, Democrat from Oregon, has reacted coming to an end, if you will, tomor- Well, can you go to conference at 8 and said we need to make sure. Because row, which would then, with this mo- o’clock tomorrow morning, we were Democrats and Republicans have been tion to instruct would really tie the just told today, no, they couldn’t; can guilty of last-minute bill changing and hands of the managers, of the con- you go to conference at 9 o’clock, no, last-minute arm twisting, let’s put the ferees, in trying to be able to move for- they can’t; and then when we talk to bill out on the Web site. Let’s lay it ward given the weeks that have gone the Members of the other body and say out on the table for 72 hours so that ev- into producing the conference report. can you go to conference at 11 o’clock

VerDate Nov 24 2008 06:01 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.051 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10023 tomorrow, no, we can only go to con- Members of the House did not have the maining few comments, because I ference at 2, if it’s in the afternoon. opportunity to read that bill and scru- think that we have had this conversa- So anyone managing a bill, as the tinize it as much as they would like to. tion, discussion, about it, focus my at- gentlewoman from Connecticut is And then the most recent one was the tention on this particular piece of leg- going to have to manage this one, is cap-and-trade bill, which Members islation, and I understand the gen- faced with all kinds of conflicting de- were aware was getting amended at 3 tleman is talking about other areas. mands from Members who seem to be a.m. and we were supposed to vote on it But I think that this is particularly almost unconscious about the fact that the next day. We convened 6 hours and maybe unique in the sense of the their demands, in fact, are conflicting. later at 9 a.m. kinds of efforts that have gone into And all I can say as chairman of the Now, we also have out there in the making this a very open process, a committee is we will try to give Mem- realm of possibilities a massive health process where people are knowledge- bers the maximum time possible to re- care bill, a bill that the CBO has scored able about what they’re doing and how view the bills, consistent with our obli- at $1.29 trillion, and our constituents they’re doing it and what kinds of gation to get the work done. are very concerned. In fact, I’ve never input have gone in. And again, there So I think if anyone is concerned seen a petition like this before, but are not too many folks around here, about a specific item in the bill, I’m there’s actually been a petition sent up whether they’re from north, south, east sure the gentlewoman and I’m sure the to Members of Congress saying, Will or west, and the folks from the North- gentleman from Georgia will be willing you agree to read the bill before you east who care about animal and plant to walk them through what the com- vote on it? And I think that’s a fair re- disease. There are folks in the west mittee has in mind. quest by our constituents, the min- coast, east coast that care about dairy. But in the end, I would simply—I’m imum bid, for Members of Congress, to There are people who have expressed not going to vote for this motion be- read the bill. their views who are on the committee, cause I can’t with a straight face both And I think that the Appropriations off the committee with regard to our promise to make these bills available Committee can lead by example on this settling the issue of the Chinese poul- for 72 hours and meet all of the other by allowing 72 hours, but I think there try. So I think everyone has had a very conflicting demands that Members of are also concerns, you know, perhaps adequate amount of time to look at the House are making. We’ve got an ob- this should be regularly part of the this and to be able to reflect on it so ligation to try to balance those re- process when we have a large spending that they can come to a conclusion. quirements, and we will do that to the bill. This one’s $100 billion; again, the Let me just ask the gentleman if he best of our ability. And in the end, I health care bill is $1.29 trillion. People does have any more speakers? think we will have reasonable bills, and deserve the opportunity to look at it. we will let the public be the judge of Now, I also know, having served in Mr. KINGSTON. No, I do not have just how reasonable they are. the majority, how difficult it is to any speakers, and I’m ready to yield I thank the gentlewoman for the manage a bill in a House with 435 inde- back the balance of my time. time. pendent contractors and conflicting Ms. DELAURO. As am I. Mr. KINGSTON. I yield myself such schedules, and then you go to the real- Mr. KINGSTON. With the exception time as may consume. ly hard job and that’s the other body, that I have been admonished that, as I I want to say this, as my friends on and sometimes it’s difficult to get ev- was looking at the Speaker from Or- the Appropriations Committee know erybody just in the room at the same egon, I was thinking Oregon. Mr. BAIRD on the other side, that this concern time. But that’s why we passed last is from Washington, and so I’m asking really is far beyond this bill. I do be- week in the House a continuing resolu- for forgiveness from Mr. BAIRD. And lieve this process, particularly on the tion, which actually builds in some they’re both great States, of course, subcommittee, has been open and that time now, that we will have—should and I just want to make sure that’s a Members on our side of the aisle have the other body pass that this week, we matter of record. had plenty of time to read it. will have until October 30 to pass these I yield back the balance of my time. However, I know there are Members bills. So the 72 hours won’t put in jeop- Ms. DELAURO. I yield back the bal- who are not on the Appropriations ardy any of the funding levels or force ance of my time. Committee who are constantly criti- the government to go back on some The SPEAKER pro tempore. Without cizing our committee for doing things, money or scramble around. So we do objection, the previous question is or- and I believe that they do deserve the have until October 30, but there cer- dered on the motion to instruct. time to view the bill. It is a $23 billion tainly would be no reason to wait that There was no objection. bill in terms of the discretionary long. We’re just asking for 72 hours. spending and I think around $80 billion And we feel very strongly about this. The SPEAKER pro tempore. The for the nondiscretionary spending. So We have done this already on the en- question is on the motion to instruct. $100 billion is probably worth 3 days of ergy and water bill, and I think that The question was taken; and the scrutiny. we’re just concerned about spending, Speaker pro tempore announced that Yet, I think what’s really more con- Mr. Speaker. the noes appeared to have it. cerning is because the process of appro- That’s kind of what this bill boils Mr. KINGSTON. Mr. Speaker, on that priations has gone through regular down to, and again, it goes well beyond I demand the yeas and nays. order—and I think the gentleman from the Appropriations Committee and cer- The yeas and nays were ordered. Wisconsin and the gentlewoman from tainly beyond this bill, but we are The SPEAKER pro tempore. Pursu- Connecticut have done a great job of hearing from the folks back home, and ant to clause 8 of rule XX, further pro- being open to all members of the com- I represent Georgia. Mr. BAIRD rep- ceedings on this question will be post- mittee and all Members of the House resents Oregon. I share his concern. We poned. on it—other bills which have been sig- have a discharge petition on his bill nificant, which have not gone through trying to get it on the floor of the f our committee, did not have the sun- House right now. I don’t know if it’s bi- shine of this bill or the sunshine of partisan, but 160 Members have already COMMUNICATION FROM CHAIR OF some of the other bills. signed that discharge petition express- COMMITTEE ON TRANSPOR- And so a lot of the things that are ing concern to have more time to read TATION AND INFRASTRUCTURE. concerning the constituents back home bills once they are out of the con- right now—and I think that Mr. BAIRD ference committee. The SPEAKER pro tempore laid be- from Oregon has picked up on—is that I reserve the balance of my time. We fore the House the following commu- people are thinking about the stimulus do not have any other speakers on this nication from the Chair of the Com- bill, $787 billion. And I know that the side, so if my colleague is ready to mittee on Transportation and Infra- gentleman from Wisconsin had hear- yield back, I would be, too. structure; which was read and, without ings in December on that, and we were Ms. DELAURO. I thank the gen- objection, referred to the Committee appreciative of it, but a lot of the tleman, and I would just, with the re- on Appropriations:

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U.S. HOUSE OF REPRESENTATIVES, reduction, incorporated into law as the en- Submitted at Washington, DC, on June 11, COMMITTEE ON TRANSPORTATION ergy independence and Security Act of 2007. 2009. AND INFRASTRUCTURE, The Executive Order also established a water Recommended:— — —, Acting Commis- Washington, DC, September 29, 2009. reduction mandate of 2% per year based on a sioner, Public Building Service. Hon. NANCY PELOSI, 2007 baseline as measured in gallons/gsf. Approved: Paul F. Prouty, Acting Adminis- Speaker of the House, House of Representatives, By the year 2015, all Federal agencies are trator, General Services Administration. Washington, DC. directed to reduce overall energy use in fed- DEAR MADAM SPEAKER, on September 24, erally operated buildings they operate by 30 DESIGN/ALTERATION—HIGH PERFORMANCE EN- 2009, the Committee on Transportation and percent from 2003 levels and reduce overall ERGY PROJECTS—ENERGY INDEPENDENCE Infrastructure met in open session to con- water use by 16 percent from 2007 levels. In- AND SECURITY ACT OF 2007—VARIOUS BUILD- sider 11 resolutions to authorize appropria- creased energy and water efficiency in build- INGS—PEISA–2010 tions for the General Services Administra- ings and operations will require capital in- Resolved by the Committee on Transportation tion’s (GSA) FY 2010 Capital Investment and vestment for changes and modifications to and Infrastructure of the U.S. House of Rep- Leasing Program, including six construction physical systems which consume energy and resentatives, that, pursuant to 40 U.S.C. § 3307, resolutions (authorizing $302.6 million) and water. appropriations are authorized for implemen- five repair and alteration resolutions (au- In addition, the Energy Independence and tation of high performance energy projects thorizing $510.4 million). The Committee Security Act of 2007 included provisions that and conservation measures in Government- adopted the resolutions by voice vote with a exceed the requirements of the Energy Pol- owned buildings during fiscal year 2010, at a quorum present. icy Act of 2005. One such long-term require- proposed cost of $20,000,000, a prospectus for Enclosed are copies of the resolutions ment is to eliminate fossil fuel-generated en- which is attached to and included in this res- adopted by the Committee on Transpor- ergy consumption in new and renovated Fed- olution. tation and Infrastructure on September 24, eral buildings by FY 2030 by achieving tar- Provided, that, to the maximum extent 2009. geted reductions beginning with projects de- practicable, the Administrator of General Sincerely, signed in FY 2010. Other shorter-term meas- Services shall require that the procurement JAMES L. OBERSTAR, M.C. ures include increasing the use of solar hot includes minimum performance require- Chairman. water heating (to 30%); installation of ad- ments requiring energy efficiency and the Enclosures. vanced meters for water and gas (previously use of renewable energy. only electricity was covered); and broader Provided further, that the General Services ALTERATION ENERGY AND WATER RETROFIT application of energy efficiency in all major Administration shall not delegate to any AND CONSERVATION MEASURES PROGRAM renovations. Approval of this FY 2010 request other agency the authority granted by this VARIOUS BUILDINGS—PEW–2010 will enable GSA to continue to provide lead- resolution. ership in energy/water conservation and effi- Resolved by the Committee on Transportation PROGRAM SUMMARY and Infrastructure of the U.S. House of Rep- ciency to both the public and private sectors. This alteration prospectus proposes the resentatives, that, pursuant to 40 U.S.C. § 3307, AUTHORIZATION REQUESTED—$20,000,000 implementation of high performance energy appropriations are authorized to implement Potential projects to be accomplished in projects and conservation measures in Gov- energy and water retrofit and conservation Federal buildings throughout the country ernment-owned buildings during fiscal year measures in Government-owned buildings are currently being identified through sur- 2010. Projects, to be accomplished in Federal during fiscal year 2010, at a proposed cost of veys and studies. The projects to be funded buildings throughout the country, are cur- $20,000,000, a prospectus for which is attached will have positive savings-to-investment ra- rently being identified through surveys and to and included in this resolution. tios, will provide reasonable payback peri- studies. The projects to be funded will have Provided, that, to the maximum extent ods, and may generate rebates and savings positive savings-to-investment ratios, will practicable, the Administrator of General from utility companies and incentives from provide reasonable payback periods, and may Services shall require that the procurement grid operators. Projects will vary in size by generate rebates and savings from utility includes minimum performance require- location and by delivery method. Typical companies and incentives from grid opera- ments requiring energy efficiency and the projects include the following: tors. Projects will vary in size, by location, use of renewable energy. Upgrading heating, ventilating, and air- and by delivery method. This prospectus re- Provided further, that the General Services conditioning (HVAC) systems with new high quests authority to fund geothermal and Administration shall not delegate to any efficiency systems including the installation other high-performance green building ret- other agency the authority granted by this of energy management control systems. rofit work, as well as designs for new facili- resolution. Altering constant volume air distribution ties that incorporate these technologies. As systems to variable air flow systems by the PROGRAM SUMMARY we formulate and develop future projects, we addition of variable air flow boxes, fan vol- This alteration prospectus proposes the will incorporate these activities into our de- ume control dampers, and related climatic implementation of energy and water retrofit signs. As appropriate, we will use the author- controls. and conservation measures in Government- Installing building automation control sys- ity in this prospectus to incorporate this re- owned buildings during fiscal year 2010. tems, such as night setback thermostats and quirement into previously funded and au- Projects to be accomplished in Federal build- time clocks, to control HVAC systems. thorized activities. The authority requested ings throughout the country are currently Installing automatic occupancy light con- in this prospectus is for a diverse set of ret- being identified through surveys and studies. trols, lighting fixture modifications and as- rofit and design projects with engineering so- The projects to be funded will have positive sociated wiring to reduce the electrical con- lutions to reduce energy consumption and/or savings-to-investment ratios, will provide sumption per square foot through the use of costs. reasonable payback periods, and may gen- higher efficiency lamps and use of non-uni- JUSTIFICATION erate rebates and savings from utility com- form task lighting design. The Energy Policy Act of 2005 (Public Law panies and incentives from grid operators. Installing new or modifying existing tem- 109–58) required a 2% energy usage reduction Projects will vary in size, by location, and by perature control systems. as measured in BTU/gsf per year from 2006 delivery method. This prospectus requests Replacing electrical motors with multi- through 2015 over a 2003 baseline. Addition- authority to fund energy and water retrofit speed or variable-speed motors. ally, this act sets a mandate to install ad- work. The authority requested in this pro- Insulating roofs, pipes, HVAC duct work, vanced meters for electricity in all buildings spectus is for a diverse set of retrofit and mechanical equipment. by 2012. Guidance issued by the Department projects with engineering solutions to reduce Installing and caulking storm windows and of Energy pursuant to this requirement energy or water consumption and/or costs. doors to prevent the passage of air and mois- states that savings anticipated from ad- JUSTIFICATION ture through the building envelope. vanced metering can range from 2% to 45% The Energy Policy Act of 2005 (Public Law Providing advanced metering projects annually when used in combination with 109–58) required a 2% energy usage reduction which enable building managers to better continuous commissioning efforts. In regard as measured in BTU/GSF per year from 2006 monitor and optimize energy performance. to energy consumption reduction, Executive through 2015 over a 2003 baseline. Addition- Providing and implementing water con- Order 13423 on Strengthening Environ- ally, this act sets a mandate to install ad- servation projects. mental, Energy and Transportation Manage- vanced meters for electricity in all buildings Providing renewable projects including ment was, incorporated into law as the En- by 2012. Guidance issued by the Department photovoltaic systems, solar hot water sys- ergy Independence and Security Act of 2007 of Energy pursuant to this requirement tems, and wind turbines. (EISA). Both increased the energy reduction states that savings anticipated from ad- Providing distributed generation systems. mandates to 3% per year, and the Executive vanced metering can range from 2% to 45% CERTIFICATION OF NEED Order also established a water reduction annually when used in combination with It has been determined that the practical mandate of 2% per year based on a 2007 base- continuous commissioning efforts. Executive solution to achieving the identified building line as measured in gallons/gsf. Order 13423 on Strengthening Environ- energy and water management goals is to By the year 2015, all Federal agencies are mental, Energy and Transportation Manage- proceed with the energy and water retrofit directed to reduce overall energy use in fed- ment was, concerning energy consumption work indicated above. erally operated buildings they operate by 30

VerDate Nov 24 2008 04:37 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.031 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10025 percent from 2003 levels and reduce overall Drilling to install vertical and horizontal nationwide to assess fire risk. As a result of water use by 16 percent from 2007 levels. In- geothermal loops. these assessments, a number of life safety creased energy and water efficiency in build- Installing heat pumps and other types of and fire protection issues have been identi- ings and operations will require capital in- geothermal equipment. fied that need to be addressed in order to re- vestment for changes and modifications to Installing building insulation and seals to duce the risk of injury, the loss of federal physical systems which consume energy and enhance equipment performance and reduce property, and interruption of a federal agen- water, as well as other high performance the size and energy consumption of geo- cy mission. green building initiatives and infrastructure thermal and other energy-efficient equip- This prospectus will provide upgrades to a designs and retrofits. ment. number of GSA federal buildings that do not In addition, EISA included provisions that Installing new or modifying existing green meet current or national or GSA building exceed the requirements of the Energy Pol- building materials. fire alarm codes. These buildings contain an- icy Act of 2005. One specific long term re- Installing wastewater recycling processes tiquated hardwired fire alarm systems with quirement is to eliminate fossil fuel gen- for use on lawns, in toilets, and for washing replacement parts that are no longer avail- erated energy consumption in new and ren- cars. able, lack voice communication capability, ovated Federal buildings by FY 2030 by Insulating roofs, pipes, HVAC duct work, and a complete sprinkler system. achieving targeted reductions beginning and mechanical equipment. Authorization Requested—$20,000,000. Installing other green building tech- with projects designed in FY 2010. High-per- CERTIFICATION OF NEED formance green building initiatives and in- nologies such as hot water heat recycling, It has been determined that the practical frastructure designs and retrofits will assist renewable heating systems, seasonal thermal solution to achieving the identified building in reaching the targeted reductions. storage systems, and solar air conditioning, EISA also requires GSA to create at least green roofs, and cool roofs. fire and life safety goals is to proceed with two technology acceleration programs, for CERTIFICATION OF NEED the fire and life safety work indicated above. Submitted at Washington, DC, on June 11, high-efficiency lighting and for geothermal It has been determined that the practical 2009. space conditioning (ground source heat solution to achieving the identified building Recommended: — — — Acting Commis- pump), as well as others that are cost effec- energy and water management goals is to sioner, Public Buildings Service. tive. proceed with the energy and water retrofit Approved: Paul F. Prouty, Acting Adminis- The technology acceleration programs are work indicated above. trator, General Services Administration. broad in their application and potentially Submitted at Washington, DC, on June 11, dramatic in their ability to improve the 2009. human and energy performance attributed to Recommended:— — —Acting Commis- ALTERATION—NEW EXECUTIVE OFFICE buildings. Lighting control systems, even sioner, Public Building Service BUILDING—WASHINGTON, DC—PDC–0105–WA10 with the lighting energy improvements of Approved: Paul F. Prouty, Acting Adminis- Resolved by the Committee on Transportation the past 30 years in Federal buildings, have trator, General Services Administration. and Infrastructure of the U.S. House of Rep- the ability to improve the working perform- resentatives, that, pursuant to 40 U.S.C. § 3307, ance conditions and reduce energy consump- ALTERATION—FIRE PROTECTION & appropriations are authorized for repairs and tion by nearly 30%. The capital cost of these LIFE SAFETY PROGRAM—VAR- alterations to the New Executive Office renovations is considerable, as most require Building, located at 725 17th Street, NW., in the removal and replacement of ceiling sys- IOUS BUILDINGS—PFP–2010 Washington, D.C., at design and review costs tems, and the re-wiring of electrical dis- Resolved by the Committee on Transportation of $394,000 (design costs of $451,000 were pre- tribution. The geothermal (ground source and Infrastructure of the U.S. House of Rep- viously authorized), management and inspec- heat pump) program requires significant resentatives, that, pursuant to 40 U.S.C. § 3307, tions costs of $6,257,000 {management and in- training both for GSA personnel and con- appropriations are authorized for alterations spection costs of $423,000 were previously au- tractors. EPA and DoE have programs that to upgrade, replace, and improve life safety thorized), and estimated construction costs can be adapted for GSA, and the cost of the features and fire protection systems in Gov- of $23,625,000 (estimated construction costs of program is reduced accordingly. The feasi- ernment-owned buildings during fiscal year $5,388,000 were previously authorized), at a bility studies are considerable in number, 2010, at a proposed cost of $20,000,000, a pro- proposed total cost of $30,276,000, a pro- and involve information about site condi- spectus for which is attached to and included spectus for which is attached to and included tions for existing buildings that are not in this resolution. in this resolution. This resolution amends readily available in our records, as well as Provided, that, to the maximum extent the Committee resolution of July 21, 2004. vast changes in the direction to procurement practicable, the Administrator of General Provided, that, to the maximum extent and engineering professionals across the Services shall require that the procurement practicable and considering life-cycle costs agency. GSA’s ability to design and imple- includes minimum performance require- appropriate for the geographic area, the Gen- ment this acceleration program will have ments requiring energy efficiency and the eral Services Administration (GSA) shall use great value to the rest of the Federal inven- use of renewable energy. energy efficient and renewable energy sys- tory, as the lessons learned and pro- Provided further, that the General Services tems, including photovoltaic systems, in car- grammatic guidance developed will be appli- Administration shall not delegate to any rying out the project. cable to many other building types. The up- other agency the authority granted by this Provided further, that within 180 days of ap- front capital costs of geothermal systems are resolution. proval of this resolution, GSA shall submit typically 1.5 times conventional systems, PROGRAM SUMMARY to the Committee on Transportation and In- and yield a positive return on investment This prospectus proposes alterations to up- frastructure of the U.S. House of Representa- typically in the 10–15 year range (dependent grade, replace, and improve life safety fea- tives and the Committee on Environment upon geological conditions (capital) and the tures and fire protection systems in Govern- and Public Works of the U.S. Senate a report cost of energy (operations)). ment-owned buildings during Fiscal Year on the planned use of energy efficient and re- Approval of this fiscal year 2010 request 2010. Projects in federal buildings throughout newable energy systems, including photo- will enable GSA to continue to provide lead- the country are currently being identified voltaic systems, for such project and if such ership in energy/water conservation and effi- through surveys and studies and will vary in systems are not used for the project, the spe- ciency to both the public and private sectors. size, location, and delivery method. The au- cific rationale for GSA’s decision. Authorization Requested—$20,000,000. Provided further, that beginning on the date Potential projects to be accomplished in thority requested in this prospectus is for a diverse set of retrofit projects with engineer- of approval of this resolution, GSA shall, to Federal buildings throughout the country the maximum extent practicable and consid- are currently being identified through sur- ing solutions to reduce fire and life safety hazards. Typical projects include the fol- ering life-cycle costs appropriate for the geo- veys and studies, along with potential new graphic area, use energy efficient and renew- designs. The projects to be funded will have lowing: Replacing antiquated fire alarm and detec- able energy systems, including photovoltaic positive savings-to-investment ratios, will tion systems that are in need of repair or for systems, in carrying out alteration, design, provide reasonable payback periods, and may which parts are no longer available. or construction projects. generate rebates and savings from utility Installing emergency voice communication Provided further, that beginning on the date companies and incentives from grid opera- systems to facilitate occupant notification of approval of this resolution, each alter- tors. and/or evacuation. ation, design, or construction prospectus Projects will vary in size by location and Installing and/or expanding fire sprinkler submitted by GSA shall include an estimate by delivery method. Typical projects include coverage to protect federal property. of the future energy performance of the the following: Constructing additional or enclosing exist- building and specific description of the use of Designing new facilities to conform to ing exit stair towers to ensure timely evacu- energy efficient and renewable energy sys- EISA and to incorporate these new tech- ation of buildings in the event of an emer- tems, including photovoltaic systems, in car- nologies. rying out the project. Designing new facilities to incorporate gency. other sustainable, green building tech- JUSTIFICATION PROJECT SUMMARY nologies, such as solar power, wind power, GSA conducts periodic life safety and fire The General Services Administration green roofs, and photovoltaic techniques. protection assessments of federal buildings (GSA), proposes to amend Prospectus PDC–

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Customer moves are required in order to MAJOR WORK ITEMS telecommunication equipment, and the fur- niture are included in this prospectus. abate the asbestos and install the new fan HVAC system upgrades, demolition and Funds for escort security costs during con- coil units and variable frequency drives lo- abatement, interior construction, internal struction are requested due to the sensitive cated in the ceilings on the 9th and 10th swing space build out, fire protection alarm, nature of the customers’ operations. Access floors. It is necessary to remove the ceilings lighting and branch wiring, communications, to the project site will be limited to cleared in their entirety including lights, sprinklers superstructure. escorted personnel. and fire alarms, and telecommunication PROJECT BUDGET Superstructure work will cover equipment. Design and Review firestopping (insulation and sealing) of the Materials escalation will be necessary be- Design and Review pipe penetrations on each floor. cause construction will proceed in four (FY2005) ...... $451,000 As the ceilings are demolished, new energy phases to accommodate OMB’s time sen- Additional Design efficient lights will replace the existing sitive operations. This lengthens the project (FY2010 Request) ...... 394,000 lighting and wiring. Project specifications delivery schedule and is a reason for the in- Design and Review Sub- include the replacement of ceiling panels crease in cost. total ...... 845,000 with a panel product which includes approxi- ALTERNATIVES CONSIDERED (30-YEAR, PRESENT Management and Inspec- mately seventy-five percent recycled content VALUE COST ANALYSIS) tion (M&I) and finished with paint composed of low There are no feasible alternatives to this M&I (FY2005) ...... 423,000 volatile organic compounds (VOC). project. Additional M&I (FY2010 In 2002, a project replaced the FCUs except those on the ninth and tenth floors. The RECOMMENDATION Request) ...... 6,257,000 Alteration. M&I Subtotal ...... 6,680,000 FCUs on floors nine and ten were not re- Estimated Construction placed at that time because the coils are lo- CERTIFICATION OF NEED Cost (ECC) cated in the ceiling plenum. The ninth floor The proposed project is the best solution to ECC (FY2005) ...... 5,388,000 ceiling plenum is insulated with sprayed-on meet a validated Government need. Additional ECC (FY2010 fireproofing containing asbestos which needs Submitted at Washington, DC, on June 11, Request) ...... 23,625,000 to be abated prior to construction. The ini- 2009. ECC Subtotal ...... 29,013,000 tial project revealed that the riser piping Recommended: — — —, Acting Commis- along with its branches and valves have dete- sioner, Public Buildings Service. Estimated Total Project riorated and should be replaced. Approved: Paul F. Prouty, Acting Adminis- trator, General Services Administration. Cost* ...... 36,538,000 MAJOR WORK ITEMS *Tenant agencies may fund an additional HVAC Upgrades ...... $16,972,000 ALTERATION—DWIGHT D. EISENHOWER EXECU- amount for alterations above the standard Building Demolition and TIVE OFFICE BUILDING—WASHINGTON, DC— normally provided by the GSA. Abatement ...... 3,317,000 PDC–0035–WA10 Authorization Requested (Additional—De- Interior Construction ...... 4,679,000 sign, ECC and M&I)—$30,276,000. Internal Swing Space Build Resolved by the Committee on Transportation Out ...... 546,000 and Infrastructure of the U.S. House of Rep- PRIOR AUTHORITY AND FUNDING Fire Protection Alarm ...... 628,000 resentatives, that, pursuant to 40 U.S.C. § 3307, The House Committee on Transportation Lighting and Branch Wir- appropriations are authorized for repairs and and Infrastructure authorized $6,262,000 for ing ...... 1,704,000 alterations to the Dwight D. Eisenhower Of- design, construction and management and Communications ...... 980,000 fice Building located at Pennsylvania Ave- inspection on July 21, 2004. Superstructure ...... 187,000 nue and 17th Street, NW, in Washington, The Senate Committee on Environment D.C., at design and review costs of $1,050,000, and Public Works authorized $6,262,000 for Total ECC ...... $29,013,000 at management and inspections costs of design, construction and management and JUSTIFICATION $1,800,000, and estimated construction costs inspection on November 17, 2004. Congress previously authorized this project of $12,150,000, at a proposed total cost of Through Public Law 108–447, Congress ap- in fiscal year 2005; however, the project scope $15,000,000, a prospectus for which is attached propriated $6,262,000 for design, construction increased pursuant to review of the 35% de- to and included in this resolution. and management and inspection in FY 2005. sign completion, which uncovered logistical Provided, that, to the maximum extent PRIOR PROSPECTUS-LEVEL PROJECTS IN difficulties in maintaining customer oper- practicable and considering life-cycle costs BUILDING (PAST 10 YEARS): ations during construction as originally appropriate for the geographic area, the Gen- None. scoped. Initial estimates did not fully cap- eral Services Administration (GSA) shall use ture the complexities of construction in the energy efficient and renewable energy sys- Schedule Start End occupied building. The project scope is there- tems, including photovoltaic systems, in car- fore increased to include: additional up- rying out the project. Design ...... FY2005 FY2009 grades for the heating, ventilating and air- Provided further, that within 180 days of ap- Construction ...... FY2010 FY2012 conditioning components and controls; secu- proval of this resolution, GSA shall submit rity escorts required during construction; to the Committee on Transportation and In- BUILDING customer move expenses; and materials esca- frastructure of the U.S. House of Representa- The New Executive Office Building is a 10- lation costs. tives and the Committee on Environment story reinforced concrete building with a red After further investigation of the piping and Public Works of the U.S. Senate a report brick fac¸ade. The building which is proxi- and FCUs, additional equipment and oper- on the planned use of energy efficient and re- mate to the White House Complex, a desir- ating deficiencies were identified. Most of newable energy systems, including photo- able feature for the building’s tenants, was these deficiencies are related to equipment voltaic systems, for such project and if such constructed in 1966. The building has ap- having reached the end of its useful life and systems are not used for the project, the spe- proximately 432,131 gsf with 110 parking some are a result of previous renovations cific rational for GSA’s decision. spaces. that did not include certain adjustments to Provided further, that beginning on the date MAJOR TENANT AGENCIES the HVAC system that might have been in- of approval of this resolution, GSA shall, to Executive Office of the President—Office of corporated in larger projects. the maximum extent practicable and consid- Management and Budget, Defense—Office of Significant leaks due to the deterioration ering life-cycle costs appropriate for the geo- the Secretary; Department of Homeland Se- of the risers have resulted in extensive dam- graphic area, use energy efficient and renew- curity—U.S. Secret Service. age and disruption to agency operations. A able energy systems, including photovoltaic major leak in August 2006 caused a day-long systems, in carrying out alteration, design, PROPOSED PROJECT building shutdown and tenant productivity or construction projects. The proposed project will replace compo- losses, as well as extensive damage to the Provided further, that beginning on the date nents of the existing HVAC system. The fan tenant’s space. Riser failures should be con- of approval of this resolution, each alter- coil units (FCUs) on the ninth and tenth sidered eminent and leaks could again cause ation, design, or construction prospectus floors will be replaced, along with deterio- extensive damage and interruption to the submitted by GSA shall include an estimate rated black iron riser piping from the third tenant’s missions which are critical to the of the future energy performance of the through tenth floors. operation of the Executive Office of the building and specific description of the use of In addition to replacing the existing pe- President. energy efficient and renewable energy sys- rimeter riser system, asbestos-containing The upgraded HVAC work will provide in- tems, including photovoltaic systems, in car- material (ACM) shall be abated. To avoid po- creases in energy efficiency and will provide rying out the project.

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PROJECT SUMMARY nance of the roofing system and other work, energy efficient and renewable energy sys- The General Services Administration has exacerbated damage, resulting in hun- tems, including photovoltaic systems, in car- (GSA) proposes a comprehensive roof re- dreds of leaks throughout the building. rying out the project. placement to the Dwight D. Eisenhower Ex- SUMMARY OF ENERGY COMPLIANCE PROJECT SUMMARY ecutive Office Building (EEOB) located at The EEOB roof replacement will imple- The General Services Administration Pennsylvania Ave and 17th Street, NW, in ment design principles to be integrated as (GSA) proposes to amend prospectus number Washington, DC. seamlessly as possible into all aspects of PDC0017–WAO9 for repair and alterations to MAJOR WORK ITEMS both the design and construction process, the West Wing of the White House to include Building roofing systems repairs and select Currently we are looking at options that will the East Wing of the White House located at systems replacement activities including; achieve the goal of obtaining certification 1600 Pennsylvania Avenue, NW, Washington, flat seam copper roofing replacement; sky- through the Leadership in Energy and Envi- DC. GSA re-examined the original plan and light repairs and replacement; dormer and ronmental Design (LEED) Green Building phases to implement critical changes at the chimney repairs; lightning protection; flash- Rating System of the U.S. Green Building West Wing and upon that evaluation recog- ing systems repairs and/or replacement and Council. nized that completing the West and East slate repairs and/or replacement. ALTERNATIVES CONSIDERED (30-YEAR, PRESENT Wing primary system replacement together given the similarity of scope was the most PROJECT BUDGET VALUE COST ANALYSIS) cost and time efficient approach. Design and Review ...... $1,050,000 There are no feasible alternatives to this Estimated Construction project. MAJOR WORK ITEMS Cost (ECC) ...... 12,150,000 RECOMMENDATION Demolition and abatement, site work, structural and finishes work, fire suppres- Management and Inspec- Alteration. tion (M&I) ...... 1,800,000 sion system, mechanical systems to include CERTIFICATION OF NEED HVAC and Chemical Biological Radiological Estimated Total Project The proposed project is the best solution to (CBR), electrical systems and fire alarm, Cost (ETPC) * ...... $15,000,000 meet a validated Government need. physical security and information tech- * Tenant agencies may fund an additional Submitted at Washington, DC, on June 11, nology systems. amount for alterations above the standard 2009. PROJECT BUDGET normally provided by the GSA. Recommended: — — — Acting Commis- Design and Review Authorization Requested (Design, ECC, sioner, Public Buildings Service. Phase I (FY2008 Re- $9,689,000 M&I)—$15,000,000. Approved: Paul F. Prouty, Acting Adminis- programming—West trator, General Services Administration. PRIOR AUTHORITY AND FUNDING Wing Ph I) None. Additional Phase I (FY09 16,860,000 ALTERATION—WEST AND EAST WING IN- Proposed Reprogram- FRASTRUCTURE SYSTEMS REPLACE- Schedule Start End ming—East Wing Ph MENT—WASHINGTON, DC—PDC–0017– I) Design ...... FY2010 FY2010 WA10 Construction ...... FY2010 FY2011 Phase II (future fiscal 6,245,000 Resolved by the Committee on Transportation year—West Wing Ph BUILDING and Infrastructure of the U.S. House of Rep- II) The EEOB, constructed in 1888, is on the resentatives that, pursuant to 40 U.S.C. § 3307, Phase III (future fiscal 8,072,000 National Register of Historic Places. This appropriations are authorized for repairs and year—East Wing Ph building functions as the principal support alterations to the New Executive Office II) facility for the White House operations, of- Building, located at 725 17th Street, NW, in fering 691,783 gross square feet and 46 outside Washington, DC, at design costs of $18,687, Design and Review Sub- $40,866,000 parking spaces. 000 (design costs of $22,179,000 were pre- total viously authorized), at management and in- Estimated Construction TENANT AGENCIES spections costs of $14,504,000 (management Cost (ECC) Executive Office of the President of the and inspection costs of $12,416,000 were pre- Phase I (FY2009—West $70,271,000 United States, Department of Homeland Se- viously authorized), and estimated construc- Wing PH I curity, Department of Defense and General tion costs of $164,159,000 (estimated construc- Additional Phase I ECC 111,177,000 Services Administration tion costs of $144,271,000 were previously au- (FY2010 Request— PROPOSED PROJECT thorized), at a proposed total cost of East Wing PH I) The existing roof design is a complex man- $197,350,000, a prospectus for which is at- Phase II (future fiscal 74,000,000 sard system with flat, vertical and angled tached to and included in this resolution. year—West Wing Ph surfaces; multiple peaks, valleys, changes in This resolution amends the Committee reso- II) plane and flashing connections, dormers, lution of September 24, 2008. Phase III (future fiscal 52,982,000 chimneys, skylights, domes, and other im- Provided, that, to the maximum extent year—East Wing Ph pressive architectural details. The long term practicable and considering life-cycle costs II) replacement tasks include repairs, replace- appropriate for the geographic area, the Gen- ment and/or new installation of all; sky- eral Services Administration (GSA) shall use ECC Subtotal $308,430,000 lights, flat seam copper roofing, lightning energy efficient and renewable energy sys- Management and Inspec- protection, cast iron dormer metals, chim- tems, including photovoltaic systems, in car- tion (M&I) ney trim and flashings, other roof flashing rying out the project. Phase I (FY2009—West $6,216,000 and counter flashing components and mis- Provided further, that within 180 days of ap- Wing Ph I) cellaneous sealants and appurtenances. proval of this resolution, GSA shall submit Additional Phase I M&I 9,823,000 to the Committee on Transportation and In- (FY2010 Request— MAJOR WORK ITEMS frastructure of the U.S. House of Representa- East Wing Ph $) Flat Seam Copper Roofing $6,339,000 tives and the Committee on Environment Phase II (future fiscal 6,200,000 Skylight Repair ...... 2,641,000 and Public Works of the U.S. Senate a report year—West Wing Ph Dormer and Chimney Re- on the planned use of energy efficient and re- II) pair ...... 1,585,000 newable energy systems, including photo- Phase III (future fiscal 4,681,000 Lightning Protection ...... 528,000 voltaic systems, for such project and if such year—East Wing Ph Flashing and Slate Re- systems are not used for the project, the spe- II) placement ...... 1,057,000 cific rational for GSA’s decision. Provided further, that beginning on the date M&I Subtotal $26,920,000 Total ECC ...... $12,150,000 of approval of this resolution, GSA shall, to Estimated Total Project JUSTIFICATION the maximum extent practicable and consid- Cost * ...... $376,216,000 The EEOB roofing system was partially re- ering life-cycle costs appropriate for the geo- * Tenant agencies may fund an additional paired and replaced under a major project graphic area, use energy efficient and renew- amount for alterations above the standard completed during 1988–1994. The previous able energy systems, including photovoltaic normally provided by the GSA. scope of work in the most recent multi systems, in carrying out alteration, design, Additional Authorization Requested (De- phased project did not provide for or include, or construction projects. sign, ECC, M&I)—$203,595,000.1 the installation of roof-access traffic ways, Provided further, that beginning on the date 1 This request is for the balance of author- maintenance platforms, waterproof mission- of approval of this resolution, each alter- ization required for the East Wing portion of critical equipment installations, a perma- ation, design, or construction prospectus the project. The West Wing portion has been nent and available fall protection system, submitted by GSA shall include an estimate fully authorized. gutter/downspout and rain water conductor of the future energy performance of the FY2010 Funding Requested (Additional piping. Foot traffic, to accomplish mainte- building and specific description of the use of Phase I ECC and M&I)—$121,000,000.

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PRIOR AUTHORITY AND FUNDING pathway to allow for the service and mainte- Recommended: — — — Acting Commis- The House and Senate Appropriations nance of the new systems infrastructure. As sioner, Public Buildings Service. Committees approved a reprogramming re- there is currently no space available in the Approved: Paul F. Prouty, Acting Adminis- quest of $9,689,000 for design for the West building to accommodate any additional trator, General Services Administration. Wing portion of the project in FY2008. equipment, the project will include the con- AMENDED PROSPECTUS—CONSTRUCTION— The House Committee on Transportation struction of new mechanical and electrical UNITED STATES COURTHOUSE ANNEX—SAN and Infrastructure authorized $15,934,000 for rooms to support the new services. Select DIEGO, CA—PCA–CTC–SD09 design for the West Wing portion of the structural and architectural restoration of Resolved by the Committee on Transportation project on September 24, 2008. areas that are disturbed in the systems re- and Infrastructure of the U.S. House of Rep- The House Committee on Transportation placement will be included. Fire life safety resentatives, that, pursuant to 40 U.S.C. § 3307, and Infrastructure authorized $162,932,000 for upgrades including automatic fire suppres- additional appropriations in the amount of design construction and management and in- sion and fire alarm systems. Mechanical $78,000,000 are authorized for management spection for the West Wing portion of the work includes HVAC systems and controls, and inspection and construction of the project on September 24, 2008. CBR systems, plumbing storm and sewer sys- United States Courthouse Annex, San Diego, The Senate Committee on Environment tems. Electrical power, lighting, select emer- and Public Works authorized $172,621,000 for California, not to exceed 466,886 gross square gency power and lighting and select UPS feet. This resolution amends the Transpor- design, construction and management and systems. Physical security system includes; inspection for the West Wing portion of the tation and Infrastructure Committee resolu- access control, intrusion detection, video as- tion dated July 19, 2006; project on May 21, 2008. sessment and emergency notifications sys- Through Public Law 111–8, Congress appro- Provided, that the Administrator of Gen- tems. Both copper and fiber optic backbones eral Services shall ensure that the San priated $76,487,000 for partial construction are included for the IT systems infrastruc- and management and inspection in FY2009. Diego, California Courthouse Complex con- ture. tains no more than 22 courtrooms; PRIOR PROSPECTUS-LEVEL PROJECTS IN All utility services will be rerouted to Provided further, that the Administrator of BUILDING (PAST 10 YEARS) allow the GSA necessary access to operate, General Services shall not construct more None. maintain, and repair infrastructure, services than six courtrooms or 12 chambers in the and equipment as required. San Diego, California Courthouse Annex Schedule Start End MAJOR WORK ITEMS under the authority of this resolution; Design ...... FY2008 FY2013 Site Work ...... $41,298,000 Provided further, that the Administrator of Construction ...... FY2010 FY2016. Structural and Finishes General Services shall ensure that a sharing Work ...... 68,356,000 plan approved by the Judicial Conference on BUILDING Fire Suppression System ... 16,062,000 September 15, 2009, for courtrooms for mag- Originally constructed in 1902, the West Mechanical Systems ...... 87,479,000 istrate judges is adopted within 30 days of Wing is the part of the White House in which Electrical System & Fire this resolution and is implemented in the de- the Oval Office, the Cabinet Room and the Alarm, Physical Security sign of the San Diego Courthouse Complex; Situation Room are located. It serves as the and IT Systems ...... 78,560,000 Provided further, that the Administrator of day-to-day office of the President of the Demolition/Abatement ...... 16,675,000 General Services shall require that any ex- United States. It is roughly 30,000 gross cess space not allocated to courtroom or square feet and includes offices for senior Total ECC ...... $308,430,000 other court-related use in the San Diego, members of the Executive Office of the JUSTIFICATION California Courthouse Annex shall be used to President of the United States and their sup- GSA completed a systems evaluation and provide office space to Executive Branch port staff. agencies that are not ancillary or related to The East Wing as it exists today was added technical study of the physical plant, infra- structure and facilities serving each wing as the Federal judiciary; to the White House in 1942 and serves as of- Provided further, that the Administrator of fice space for the First Lady and her staff, well as select systems and equipment result- ing in sequential projects. While the projects General Services shall submit a prospectus the Department of Defense, and the United for any additional expansion space, after States Secret Service. The East Wing also were originally planned as separate projects, GSA and the Administration have deter- completion of construction and occupancy of includes the President’s Theater, the visi- the San Diego Courthouse Annex, for court tor’s entrance and the East Colonnade. mined that combining the West and East Wing primary systems replacement projects or other court-related use requested in the TENANT AGENCY together would be more cost effective by San Diego, California Courthouse Annex; Provided further, that, prior to acceptance Executive Office of the President of the eliminating duplicate costs for mobilization, of the Guaranteed Maximum Price (GMP), United States. demobilization, remobilization, manage- the Administrator of General Services shall PROPOSED PROJECT ment, inspections and reduced construction advise the Committee on Transportation and A study of the electrical and mechanical time and cost. In addition, the combined Infrastructure of the number of courtrooms, systems of the West Wing was completed and projects create less disruption to mission chambers, court space, court related space, the findings identified a critical need for the critical operations given the connection, and other agency space to be provided in the immediate replacement of the aged and fail- continuation and extension of similar utili- San Diego, California Courthouse Annex; ing systems in order to prevent an imminent ties and infrastructure scope of work con- Provided further, that no additional funds, equipment failure and the resultant inter- necting West Wing services with the East beyond the GMP, in effect on the date of this ruption of services. There is currently no re- Wing. A provision will be made in the design resolution, for the procurement for the con- dundant HVAC equipment for the West Wing of West Wing Phase I for the replacement of struction of the San Diego, California Court- and this has prevented shutdown for testing the secondary distribution systems for the house Annex, as of the date of adoption of and maintenance of the equipment for many West and East Wings that will follow in this resolution, shall be authorized or obli- years. The West Wing electrical systems Phase II and Phase III, respectively. gated for the project, have also reached the end of their reliable SUMMARY OF ENERGY COMPLIANCE Provided further, that, to the maximum ex- productivity and failure would result in dis- The West and East Wing Infrastructure tent practicable and considering life-cycle continued operations. Project will integrate and implement sus- costs appropriate for the geographic area, Similar studies have been undertaken and tainable design principles and energy effi- the General Services Administration (GSA) completed on the East Wing and indicate the ciency effort as seamlessly as possible into shall use energy efficient and renewable en- condition of the utilities in the East Wing is all aspects of both the design and construc- ergy systems, including photovoltaic sys- similar to the West Wing, replacement is tion process. The goal is to obtain certifi- tems, in carrying out the project, necessary to prevent imminent failure. In cation through the Leadership in Energy and Provided further, that, within 180 days of order to secure continuous reliable HVAC Environmental Design (LEED) Green Build- adoption of this resolution, GSA shall sub- and electrical service to both the West and ing Rating System of the U.S. Green Build- mit to the Committee on Transportation and East Wing, GSA proposes replacing all pri- ing Council. Infrastructure of the U.S. House of Rep- mary systems and secondary distribution resentatives and the Committee on Environ- systems that serve the interior of the each ALTERNATIVES CONSIDERED (30-YEAR, PRESENT ment and Public Works of the U.S. Senate a wing. VALUE COST ANALYSIS) report on the planned use of energy efficient While the projects were originally planned There are no feasible alternatives to this and renewable energy systems, including as separate projects, GSA is now planning to project. photovoltaic systems, for the project and if combine the replacement of the primary sys- RECOMMENDATION such systems are not used for the project, tems for the West and East Wing in Phase I Alteration. the specific rationale for GSA’s decision. of the project. The replacement of the sec- ondary distribution systems for the West and CERTIFICATION OF NEED DESCRIPTION East Wings will follow in Phase II and Phase The proposed project is the best solution to The General Services Administration III, respectively. meet a validated Government need. (GSA) proposes the construction of a 466,886 The proposed total project includes the Submitted at Washington, DC, on June 11, gross square foot U.S. Courthouse Annex (CT construction of a new accessible, utility 2009. Annex), including 105 inside parking spaces,

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This building on the Judiciary’s Revised Five-Year Court- $15,400,000 for FY 1999 (Public Law 105–277), cannot accommodate the Courts’ total space house Project Plan—FY2005–2009, approved $23,901,000 for FY 2003 (Public Law 108–7); requirements and was not designed to ac- by the Judicial Conference on March 26, 2004. $3,068,000 for FY 2005 (Public Law 108–447); and $230,803,000 for FY 2006 (Public Law 109– commodate needed expansion on the site. PROJECT SUMMARY 115). Some of the modifications to FB-CT resulted Site Information GSA reprogrammed $29,011,000: $1,540,000 to in less than adequate sized courtrooms that Site acquired ...... 2.27 acres the project in FY 2002 and $27,471,000 to the have been used for 13 years. Building Area project in FY 2006. Federal construction of a new CT Annex in conjunction with continued use of the exist- Gross square feet (exclud- SCHEDULE ing inside parking) ...... 419,636 ing FB-CT is the most desirable housing FY 1998—Site. Gross square feet (includ- strategy to meet the projected space needs of FY 2003—Design. ing inside parking) ...... 466,886 the Southern District Courts and court-re- FY 2009—Construction. Project Budget lated agencies in San Diego. The new CT FY 2013—Occupancy. Site (FY1999, 2002, 2003, Annex will improve the flow of prisoners, 2005) ...... $31,916,000 OVERVIEW OF PROJECT adequately house the district judges, and sig- Design (FY2003, 2006) ...... 13,711,000 In fiscal year 2006, GSA submitted a pro- nificantly increase security. Completion of Management and Inspec- spectus for a CT Annex providing 619,644 the CT Annex will permit one Court of Ap- tion (M&I) (FY2006) ...... 7,740,000 gross square feet of space (PCA-CTC-SD06). peals judge and Pretrial Services to vacate Additional M&I ...... 2,260,000 Due to increased construction materials leased space. costs, GSA and the District Court agreed to The Judicial Conference, in September Estimated Construction reduce the scope of this project. GSA sub- Cost (ECC) (FY2006) ...... $248,816,000 2003, declared a space emergency at San mitted an amended prospectus with a revised Diego in order to recognize the effect of ag- Additional ECC ...... 108,102,000 plan (PCA-CTC-SD07). Under this revised gressive border enforcement initiatives on plan, GSA eliminated six proposed floors of the court’s facilities and the serious security Total ECC ($760/gsf includ- the building. The number of proposed dis- and operational problems at this location. ing inside parking 1) ...... 356,918,000 trict courtrooms, but not chambers, was re- The additional funds requested in this pro- duced from 18 to 14 and the number of appel- spectus are due to increased construction Estimated Total Project late chambers was reduced from 3 to 2 in the material costs. During the past two years, Cost* ...... $412,545,000 10-year program. The proposed expansion dis- the construction industry has experienced a 1 The ECC/gsf does not include $2.3 million trict courtrooms, but not chambers, were re- significant increase in costs, primarily due for repair and alteration work to the Edward duced from 5 to 0 in the 30-year program. The to the increased demand for raw materials J. Schwartz Federal Building & U.S. Court- new CT Annex will provide 466,886 gross from construction in international markets house to re-orient the public entrance to face square feet, 152,758 gross square feet less and coastal communities in the United the proposed annex which is included in the than the original construction prospectus for States affected by hurricanes. For example, Total ECC. this project. After submitting the revised construction material costs in the Southern * Tenant agencies may fund an additional plan, GSA encountered additional difficulty California area have escalated by approxi- amount for alterations above the standard and was unable to award the reduced project. mately 11 percent per year. Much of the normally provided by GSA. Due to continuing materials escalation, lim- raised access flooring in the building and Authorization Requested (Additional ECC ited bidding, market conditions, and further metric measurement were eliminated in fur- & M&I)—$110,362,000. delays in award, GSA is seeking additional ther efforts to reduce costs. FY2009 Funding Requested—$110,362,000. funding and authorization. The CT Annex will provide 14 district EXPLANATION OF CHANGES PRIOR AUTHORITY AND FUNDING courtrooms and 18 chambers, two Court of The gross square footage of the project is The House Transportation and Infrastruc- Appeals judges’ chambers, a visiting district the same as currently authorized. However, ture Committee authorized $302,183,000: chamber, District Clerk’s office, Pretrial to provide one courtroom for every two sen- $15,400,000 for site on July 23, 1998; $3,100,000 Services and the U.S. Marshals Service. Pre- ior judges, two senior district courtrooms in for site and $11,237,000 for design, or trial Services will occupy space within the the existing building were reassigned for $14,337,000, for a 583,746 gsf Courthouse building until that space is needed for con- magistrate judge use. Also, the projected Annex, including 46 inside parking spaces, on version to six additional district judge’s number of magistrate judges was reduced July 8, 2001; $9,360,000 for additional site and chambers. The project will include modifica- from 18 to 14. The reassignment and reduc- $204,000 for additional design for a 583,746 gsf tion of the entrance to the existing FB-CT. tion means that there are now five unas- Courthouse Annex, including 46 inside park- Currently, the lobby of this building is signed courtrooms that will be used for ADR ing spaces, on July 24, 2002; $2,516,000 for ad- accessed from Front Street. The new access Suites and attorney conference rooms. ditional site and $552,000 for additional de- will be from the courtyard between the new The Estimated Total Project Cost (ETPC) sign, or $3,068,000, for a 614,394 gsf Courthouse CT Annex and the existing FB-CT. Also, con- of the proposed project reflects an increase Annex, including 105 inside parking spaces, struction will include a tunnel linking the of $110,362,000 from the ETPC of the project on July 21, 2004; and $1,540,000 for additional existing FB-CT to the new CT Annex and an currently authorized by the House and Sen- site, $1,718,000 for additional design, extension connecting the existing prisoner ate Committees (which is the result of con- $248,816,000 for construction, and $7,740,000 for tunnel to the new CT Annex. struction escalation and change in the pro- management and inspection for a 466,886 gsf After completion of the CT Annex, the ex- jected start of construction from 2006 to Courthouse Annex, including 105 inside park- isting FB-CT will be retained to provide 2009.) ing spaces, on July 19, 2006. space for the magistrate, senior district, and DEPARTURES The Senate Environment and Public Works two Court of Appeals judges. The U.S. Bank- 2nd Special Proceedings Courtroom—This Committee authorized $302,183,000: $15,400,000 ruptcy Court will continue to occupy the departure was identified in a previous pro- for site on September 23, 1998; $3,100,000 for Jacob Weinberger Courthouse. spectus signed on March 28, 2002 and ap- site and $11,237,000 for design, or $14,337,000, One Court of Appeals Judge, Pretrial Serv- proved by the House and Senate Committees for a 583,746 gsf Courthouse Annex, including ices and a portion of the U.S. Attorney’s of- on July 24, 2002 and September 26, 2002, re- 46 inside parking spaces, on September 25, fice are in leased locations in the downtown spectively, and in subsequent resolutions. 2001; $9,360,000 for additional site and $204,000 area. These leases will be extended or termi- Approximate cost $1,000,000. for additional design for a 583,746 gsf Court- nated to coincide with the occupancy of the house Annex, including 46 inside parking new CT Annex. With eight courtrooms for four senior dis- trict judges, the project does comply with spaces, on September 26, 2002; $2,516,000 for TENANT AGENCIES additional site and $552,000 for additional de- the July 19, 2006, resolution of the House The CT Annex will house the District sign, or $3,068,000, for a 614,394 gsf Courthouse Committee on Transportation and Infra- Judges, District Clerk, two Court of Appeals Annex, including 105 inside parking spaces, structure, which authorized the proposed Judges, Pretrial Services, and the U.S. Mar- on November 17, 2004; $1,540,000 for additional project, requiring (via amendment to the shals Service. site, $1,718,000 for additional design, U.S. Courts Design Guide) that each U.S. $221,345,000 for construction, and $7,740,000 for DELINEATED AREA Courthouse construction project provide one management and inspection for a 619,644 gsf The CT Annex will be constructed in the courtroom for every two senior judges. Courthouse Annex, including 105 inside park- Central Business District on a site adjacent SPACE REQUIREMENTS OF THE U.S. COURTS

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Current Request Courtrooms Courtrooms Courtrooms Judges Existing New Judges Buildings Building

District Active ...... 13 13 0 14 18 Senior ...... 3 5 4 0 8 Visiting ...... 0 2 0 0 1 Magistrate ...... *8 9 **19 0 14 Circuit ...... 0 ****3 0 0 4 Total: ...... 24 32 ***23 14 45 * These courtrooms do not meet minimum USCDG standards. ** Seven of these courtrooms do not meet minimum USCDG standards. The five unassigned courtrooms and chambers will be used as ADR Suites and attorney conference rooms. *** One magistrate courtroom will be converted to a new lobby facing the new CT Annex. **** One judge is in leased space.

SUMMARY OF ENERGY COMPLIANCE RECOMMENDATION—CONSTRUCTION Submitted at Washington, DC, on Feb- This project is designed to meet the re- The 30-year, present value cost of construc- ruary 26, 2008. quirements of the Facilities Standards for tion is $199,538,000 less than the cost of leas- Recommended: — — —, Commissioner, the Public Buildings Service. ing, an equivalent annual cost advantage of Public Buildings Service. ALTERNATIVES CONSIDERED (30-YEAR, PRESENT $13,129,000. VALUE COSTS) CERTIFICATION OF NEED Approved: — — —, Administrator, General New Construction: ...... $340,927,000 The proposed project is the best solution to Services Administration. Lease: ...... $540,465,000 meet a validated Government need.

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ACQUISITION—COLUMBIA PLAZA BUILDING— the established option price to the govern- their current space spread across the Miami, WASHINGTON, DC—PDC–0000–WA10 ment. Miramar, and Dade County, Florida area in Resolved by the Committee on Transportation TENANT AGENCIES twelve separate locations. and Infastructure of the U.S. House of Rep- Department of State. PROJECT SUMMARY resentatives, that, pursuant to 40 U.S.C. 3307, Site Information ALTERNATIVES CONSIDERED (30-YEAR, PRESENT appropriations are authorized for acquisi- To be acquired acreage 9.0 VALUE COST ANALYSIS) tion, through a purchase option, of the Co- Building Area lumbia Plaza Building located at 2401 E Purchase—$317,305,000. Building without Park- Street, NW, Washington, D.C., at a proposed Lease—$513,447,000. ing (gsf) ...... 474,801 cost of $100,000,000, a prospectus for which is The 30-year, present value cost of purchase Building with Parking attached to and included in this resolution. is $196,142,000 less than the cost of leasing, an (gsf) ...... 474,801 equivalent annual cost advantage of Number of outside DESCRIPTION $12,614,000. parking spaces ...... 30 The General Services Administration RECOMMENDATION Structured Parking (GSA) proposes to acquire, through a pur- Acquisition. Spaces ...... 535 chase option, the Columbia Plaza Building PROJECT BUDGET located at 2401 E St., NW, Washington, DC. CERTIFICATION OF NEED Site ...... $9,000,000 The government has an option to purchase The proposed project is the best solution to Design and Review the building at the set price of $100,000,000 at meet a validated Government need. Subtotal ...... 11,924,000 the end of the current lease term in 2012, pro- Submitted at Washington, DC, on June 11, Estimated Construc- vided 365 days notice has been given to the 2009. tion Cost (ECC) ($452/ lessor. Recommended: — — —, Acting Commis- gsf incl. inside park- sioner, Public Buildings Service. BUILDING ing) ...... 161,350,000 Approved: Paul F. Prouter, Acting Admin- Management and In- The Columbia Plaza Building was con- istrator, General Services Administration. structed in the mid 1960s. Prior to the De- spection (M&I) ...... 8,401,000 partment of State’s (DOS) initial occupancy DESIGN/BUILD—FEDERAL BUILDING–FBI DIS- in 1992 the building underwent a major ren- Estimated Total Project TRICT OFFICE—MIAMI/MIRAMAR, FL—PFL– Cost (ETPC)* ...... $190,675,000 ovation converting the space from residen- FBC–MI10 tial use to office use. GSA currently leases *Tenant agencies may fund an additional 511,500 rentable square feet and 361 parking Resolved by the Committee on Transportation amount for alterations above the standard spaces at Columbia Plaza for the DOS under and Infrastructure of the U.S. House of Rep- normally provided by the GSA. a 20–year lease agreement that expires in resentatives, that, pursuant to 40 U.S.C. § 3307, Authorization Requested (Design, ECC, and April 2012. appropriations are authorized for a new Fed- M&I)—$190,675,000. eral Building in the Miami/Miramar, Florida FY 2010 Funding Request—$190,675,000. PROJECT BUDGET area for the Federal Bureau of Investigation, Building and Site Acquisition—$100,000,000. currently located in twelve separate loca- Schedule Start End Authorization Requested (Acquisition)— tions spread across the Miami, Miramar, and Design ...... FY2010 FY2012 $100,000,000. Dade County, Florida area, at site costs of Construction ...... FY2011 FY2014 JUSTIFICATION $9,000,000, design and review costs of DOS and GSA signed a Memorandum of $11,924,000, management and inspection costs OVERVIEW OF PROJECT Understanding (MOU) in 1987 committing of $8,401,000 and estimated construction costs The new Miami FBI District Office will both agencies to consolidate DOS space and of $161,350,000, for a combined cost of provide for the space requirements and secu- personnel in the Foggy Bottom area of the $190,675,000, a prospectus for which is at- rity needs for the FBI in the South Florida District of Columbia and Rosslyn, VA. The tached to and included in this resolution. area. 535 secured structured parking spaces Columbia Plaza Building, located northwest Provided, that, to the maximum extent will be incorporated into the construction of of the Harry S Truman (Main State) Build- practicable and considering life-cycle costs the FBI District Office facility and made ing, has been occupied for more than 20 years appropriate for the geographic area, the Gen- available to the FBI, primarily for the use of as a leased location. The Columbia Plaza eral Services Administration (GSA) shall use Government-owned vehicles and other offi- Building’s location in Foggy Bottom is di- energy efficient and renewable energy sys- cial Government purposes. Surface parking rectly adjacent to Main State and supports tems, including photovoltaic systems, in car- spaces will also be provided. rying out the project. the goals of DOS as identified in the 1987 TENANT AGENCIES MOU. The building’s proximity to both Main Provided further, that within 180 days of ap- Department of Justice—Federal Bureau of State and the approximately 3.5 million proval of this resolution, GSA shall submit Investigation square feet DOS occupies in the Foggy Bot- to the Committee on Transportation and In- tom area provides many operational benefits frastructure of the U.S. House of Representa- JUSTIFICATION ranging from human resources, mobility in tives and the Committee on Environment An important component of the priorities and around the State’s Foggy Bottom loca- and Public Works of the U.S. Senate a report of the FBI is the availability of efficient and tions, and efficiencies in facility operations on the planned use of energy efficient and re- cost effective facilities, with state-of-the-art through information technology linkages newable energy systems, including photo- infrastructure in which to carry out the and security. Given all of these factors, DOS voltaic systems, for such project and if such FBI’s mission. FBI requires a facility that continues to have a long-term need for the systems are not used for the project, the spe- meets the Level 4 Interagency Security Com- space in the Columbia Plaza Building. cific rational for GSA’s decision. mittee (ISC) criteria, with sufficient space Alterations for $30,600,000 were completed Provided further, that beginning on the date for the current and projected workforce. In in 1992 and the government currently oper- of approval of this resolution, GSA shall, to addition, the expansion of the secure work ates virtually all aspects of the facility. GSA the maximum extent practicable and consid- environment is essential to foster synergy recently performed a Building Engineering ering life-cycle costs appropriate for the geo- among FBI elements for greater coordina- Report (BER) for the Columbia Plaza Build- graphic area, use energy efficient and renew- tion and productivity internally and with ing which reported that the building is in able energy systems, including photovoltaic partner organizations. The existing, dis- fair overall condition. As part of the $30M in- systems, in carrying out alteration, design, parate FBI facilities are incapable of pro- vestment in 1992, GSA was directed by Con- or construction projects. viding the increased square footage nec- Provided further, that beginning on the date gressional resolution that ‘‘GSA will at- essary to support new functions and cannot of approval of this resolution, each alter- tempt to include a purchase option in the meet enhanced IT infrastructure and secu- ation, design, or construction prospectus lease contract’’. GSA successfully negotiated rity requirements. A new, consolidated loca- submitted by GSA shall include an estimate a purchase option as part of the terms of the tion will provide the FBI with sufficient of the future energy performance of the 20-year lease. The terms of the purchase op- space to meet its current requirements and building and specific description of the use of tion and price were set when the lease trans- allow for full compliance with the ISC guide- energy efficient and renewable energy sys- action was signed in 1992. The government’s lines. tems, including photovoltaic systems, in car- option to purchase the building is currently The requirement for FBI’s consolidated rying out the project. established at $100,000,000 or approximately Miami Field Division office was originally to $151 per gross square foot. This price is well DESCRIPTION be included in the larger Miami/Miramar, FL below the current market rates for buildings The US General Services Administration DOJ lease consolidation, along with the of comparable size in Washington, DC, espe- proposes building a new Federal Building in Drug Enforcement Administration (DEA) cially a building with long-term government the Miami/Miramar, Florida area for the and the Bureau of Alcohol, Tobacco, Fire- occupancy. In 2006, GSA completed a fair Federal Bureau of Investigation (FBI). This arms, and Explosives (ATF), as requested market value (FMV) appraisal which indi- facility will serve to meet the FBI’s current under PFL–01–MI06, and originally author- cated the FMV of Columbia Plaza Building and future space needs as their new District ized by the House Committee on Transpor- to be approximately $190,000,000, well above Office in South Florida, and will consolidate tation and Infrastructure on February 16,

VerDate Nov 24 2008 06:01 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.060 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10033 2006, and the Senate Committee on Environ- would better serve the mission and oper- Lease—$520,093,000. ment and Public Works on November 17, 2005. ations of the Government. The 30 year, present value cost of new con- In 2007, it was determined by DOJ that the SUMMARY OF ENERGY COMPLIANCE struction is $167,380,000 less than the cost of original consolidated campus strategy was lease, an equivalent annual cost advantage This project will be designed to conform no longer logistically or financially feasible. of $10,764,000. with the requirements of the Facilities Therefore, GSA requested authority to pro- Standards for the Public Buildings Service RECOMMENDATION cure DEA’s requirements separately (Pro- and to earn LEED certification. It will also Construction. spectus No. PFL–02–MI08), which were au- meet Congressionally-required energy effi- thorized by the House Committee on Trans- CERTIFICATION OF NEED ciency and performance requirements in ef- portation and Infrastructure on September The proposed project is the best solution to fect during design. GSA will encourage ex- 24, 2008, and the Senate Committee on Envi- meet a validated Government need. ploration of opportunities to gain increased ronment and Public Works on September 17, Submitted at Washington, DC, on June 11, energy efficiency above the measures 2008. The ATF’s requirements were delivered 2009. achieved in the design. below the prospectus threshold. Given the Recommended: — — —, —Acting Commis- size, complexity, long term nature, and other ALTERNATIVES CONSIDERED (30-YEAR, PRESENT sioner, Public Buildings Service. aspects of the FBI’s requirements, GSA de- VALUE COST ANALYSIS) Approved: Paul F. Prouty, Acting Adminis- termined that a Federally owned facility New Construction—$352,712,000. trator, General Services Administration.

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CONSTRUCTION—U.S. LAND PORT OF ENTRY— Estimated Construction a non-intrusive inspection (NII) facility; a MADAWASKA, ME—PME–BSD–MW10 Cost (ECC) ...... 46,300,000 1,894 pedestrian processing facility; and 2,265 Resolved by the Committee on Transportation gsf of indoor parking. Estimated Total Project and Infrastructure of the U.S. House of Rep- TENANT AGENCIES resentatives, that, pursuant to 40 U.S.C. § 3307, Cost* ...... $69,797,000 1 appropriations are authorized for the con- The existing facility does not have any in- Department of Homeland Security (DHS)— struction of a new land port of entry at side parking spaces. Customs and Border Protection (CBP), De- 2 Parking spaces include 5 spaces for visitor Madawaska, ME to replace the existing Port partment of Health and Human Services parking, 30 for employees, 6 for referral and of Entry, at management and inspection (HHS)—Food and Drug Administration service, and 7 for truck inspection. Cur- costs of $3,827,000 and estimated construction (FDA), and GSA. rently, there are 6 outside parking spaces at costs of $46,300,000, for a combined cost of the facility. LOCATION $50,127,000, a prospectus for which is attached 3 Site Development includes site clearing, to and included in this resolution. The Madawaska land POE is located in demolition, roadways and utilities. Provided, that, to the maximum extent northern Maine in Aroostook County, at 2 * Tenant agencies may fund an additional practicable and considering life-cycle costs Bridge Street, at the international border amount for emerging technologies and alter- appropriate for the geographic area, the Gen- between the United States and Canada sepa- ations above the standard normally provided eral Services Administration (GSA) shall use rating the State of Maine and the Province by the GSA. energy efficient and renewable energy sys- of New Brunswick, and adjacent to the Cana- Authorization Requested (ECC and M&1)— tems, including photovoltaic systems, in car- dian town of Edmundston. $50,127,000.* rying out the project. *GSA has worked closely with DHS pro- JUSTIFICATION Provided further, that within 180 days of ap- gram offices responsible for developing and proval of this resolution, GSA shall submit The existing site at Madawaska is very implementing security technology at the to the Committee on Transportation and In- small, situated on less than one acre of land Land Ports of Entry (LPOE’s). These pro- frastructure of the U.S. House of Representa- and is geographically constrained by the St. grams include United States Visitor and Im- tives and the Committee on Environment Johns River, Nexfor Fraser Papers and the migrant Status Indicator Technology (US– and Public Works of the U.S. Senate a report Montreal Maine & Atlantic Railroad. The VISIT), Radiation Portal Monitors (RPM’s) on the planned use of energy efficient and re- planned addition of radiation portal mon- and Advanced Spectroscopic Portal (ASPs) newable energy systems, including photo- itors and other on-site inspection equipment monitors, Western Hemisphere Travel initia- voltaic systems, for such project and if such will only exacerbate the situation as the ex- tive (WHTI) and Non-Intrusive Inspection systems are not used for the project, the spe- isting site lacks sufficient staging and queu- (NII). This prospectus contains the funding cific rational for GSA’s decision. ing areas. In addition, site parking and vehi- of infrastructure requirements for each pro- Provided further, that beginning on the date cle maneuvering areas are inadequate, the gram known at the time of prospectus devel- of approval of this resolution, GSA shall, to commercial truck traffic pattern, and visitor opment since these programs are at various the maximum extent practicable and consid- and employee parking are not clear and well stages of development and implementation. ering life-cycle costs appropriate for the geo- defined, Existing site constraints imposed by Additional funding by a Reimbursable Work graphic area, use energy efficient and renew- the railroad and paper company, require that Authorization (RWA) may be required to able energy systems, including photovoltaic an elevated roadway be constructed to allow provide for as yet unidentified elements of systems, in carrying out alteration, design, for a full inspection operation by CBP. each of these programs to be implemented at or construction projects. this port. Madawaska is New England’s third busiest Provided further, that beginning on the date port in automobile traffic and sixth busiest PRIOR AUTHORITY AND FUNDING of approval of this resolution, each alter- in truck traffic. On-site staffing has in- ation, design, or construction prospectus The House Committee on Transportation creased substantially since September 11, submitted by GSA shall include an estimate and Infrastructure authorized $1,760,000 for 2001, resulting in the need for additional of the future energy performance of the site acquisition and design on July 21, 2004. space. The existing facility lacks sufficient building and specific description of the use of The Senate Committee on Environment office and storage space, as well as a secure energy efficient and renewable energy sys- and Public Works authorized $1,760,000 for area to perform standard interview and tems, including photovoltaic systems, in car- site acquisition and design on November 17, search procedures. There is no commercial rying out the project. 2004. secondary inspection area to perform a prop- DESCRIPTION The House Committee on Transportation er secondary inspection, which at times in- and Infrastructure authorized $17,600,000 for The General Services Administration volves unloading a typical tractor-trailer. As additional site acquisition and additional de- (GSA) proposes the construction of a new a result, secondary truck inspections are sign on September 20, 2006. land port of entry (POE) at Madawaska, ME done at roadside. This effort often causes The Senate Committee for Environment to replace the existing POE, expand inspec- traffic congestion that backs up onto the and Public Works authorized additional site tion lanes, and operational functions. The bridge. acquisition and additional design on Sep- proposed project will replace the undersized tember 27, 2006. SUMMARY OF ENERGY COMPLIANCE main administration building at 2 Bridge Through Public Law 108–447, Congress ap- This project is designed to conform with Street, while addressing current safety, secu- propriated $1,760,000 for site acquisition and rity, circulation, and efficiency issues. the requirements of the Facilities Standards design in FY 05 on December 8, 2004. for the Public Buildings Service and to earn Project Summary Through Public Law 110–161, Congress ap- Site Information Leadership in Energy and Environment De- propriated $17,160,000 for additional site ac- Government-owned ...... 87 acres sign (LEED) certification. It will also meet quisition and design on December 26, 2007. To be acquired ...... 12.45 acres Congressionally-required energy efficiency Through Public Law 111–5, American Re- Building Area and performance requirements in effect dur- covery and Reinvestment Act of 2009, GSA’s Building (including can- ing design. GSA will encourage exploration Spending Plan included $750,000 for addi- opies) ...... 39,211 gsf of opportunities to gain increased energy ef- tional design. Building (excluding can- ficiency above the measures achieved in the opies) ...... 28,756 gsf Schedule Start End design. Number of inside parking ALTERNATIVES CONSIDERED spaces ...... 5 1 Design ...... FY2008 FY2010 Number of outside park- Construction ...... FY2010 FY2012 GSA owns and maintains the existing fa- ing spaces ...... 48 2 cilities at this port of entry; thus no alter- OVERVIEW OF PROJECT Cost Information native other than Federal construction was Site Development Cost 3 $17,181,000 This project will provide for the improve- considered. Building Costs (includes ment and expansion to this POE on approxi- inspection canopies) mately 13.32 acres of land. GSA owns ap- RECOMMENDATION ($743/gsf) ...... $29,119,000 proximately .87 acres and will purchase an Construction. Project Budget additional 12.45 acres. The scope of the Site Acquisition (FY 2005 project includes a total replacement of the CERTIFICATION OF NEED & FY 2008) ...... $14,406,000 existing original 6,000 gsf building built in The proposed project is the best solution to Design and Review (FY 1959 with a new, multiple building facility meet a validated Government need. 2005 & FY 2008) ...... 4,514,000 totaling 28,756 gsf. The planned expansion in- Submitted at Washington, DC, on June 11, Additional Design and cludes: a 10,423 gsf main administration 2009. Review (American Re- building; 1,275 gsf for 2 non-commercial in- covery and Reinvest- spection lanes and an enclosed secondary in- Recommended:— — — Acting Commis- ment Act (ARRA) 2009) 750,000 spection bay; a 146 gsf outbound inspection sioner, Public Buildings Service. Management and Inspec- booth; 12,753 gsf of commercial inspection of- Approved: Paul F. Prouty, Acting Adminis- tion (M&I) ...... 3,827,000 fices, dock, cargo facility, inspection booth, trator, General Services Administration.

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CONSTRUCTION—U.S. LAND PORT OF ENTRY— Estimated Construction be fully secured by perimeter fencing and TORNILLO–GUADALUPE—EL PASO COUNTY, Cost (ECC) ...... 81,384,000 electronic surveillance. The existing Fabens TX—PTX–BSC–TG10 POE will be demolished and the property will Estimated Total Project Resolved by the Committee on Transportation be integrated into the new proposed site at Cost ...... $95,855,000 and Infrastructure of the U.S. House of Rep- the location of the new bridge. Per the Presi- *Tenant agencies may fund an additional resentatives, that, pursuant to 40 U.S.C. § 3307, dential Permit, the County of El Paso will be amount for emerging technologies and alter- appropriations are authorized for the con- responsible for demolition of the existing ations above the standard normally provided struction of a new port of entry at Fabens- Fabens-Caseta bridge once the new bridge by the GSA. Casita in El Paso County, TX, at additional and POE facilities are complete. Authorization Requested (Additional De- The gross square footage requirement has design costs of $3,800,000, management and sign, ECC, M&I) $91,565,000.* increased by 8,451 square feet from the 78,145 inspections costs of $6,381,000 and estimated GSA has worked closely with DHS program square feet authorized for design in Pro- construction costs of $81,384,000, for a com- offices responsible for developing and imple- spectus PTX-BSD-TG08. The scope increase bined cost of $91,565,000, a prospectus for menting security technology at the Land and need for additional design funding have which is attached to and included in this res- Ports of Entry (LPOE’s), These programs in- resulted from additional requirements iden- olution. clude United States Visitor and Immigrant tified for NII systems, bird holding, security that, to the maximum extent Provided, Status Indicator Technology (US-VISIT), requirements, energy efficiency, and addi- practicable and considering life-cycle costs Radiation Portal Monitors (RPM’s) and Ad- tional paving. appropriate for the geographic area, the Gen- vanced Spectroscoptic Portal (ASPs) mon- TENANT AGENCIES eral Services Administration (GSA) shall use itors, Western Hemisphere Travel Initiative energy efficient and renewable energy sys- Department of Homeland Security (DHS)- (WHTI) and Non-Intrusive Inspection (NII). Customs and Border Protection (CBP), De- tems, including photovoltaic systems, in car- This prospectus contains the funding of in- rying out the project. partment of Transportation (DOT)-Federal frastructure requirements for each program Motor Carrier Safety Administration Provided further, that within 180 days of ap- known at the time of prospectus develop- proval of this resolution, GSA shall submit (FMCSA), Texas Alcoholic Beverage Com- ment since these programs are at various mission (TABC), and GSA. to the Committee on Transportation and In- stages of development and implementation. LOCATION frastructure of the U.S. House of Representa- Additional funding by a Reimbursable Work The proposed location is approximately tives and the Committee on Environment Authorization (RWA) may be required to one-third mile northwest of the existing and Public Works of the U.S. Senate a report provide for as yet unidentified elements of Fabens POE in El Paso County, TX. on the planned use of energy efficient and re- each of these programs to be implemented at newable energy systems, including photo- this port. JUSTIFICATION voltaic systems, for such project and if such PRIOR AUTHORITY AND FUNDING The County of El Paso and its counterpart systems are not used for the project, the spe- in Mexico are attempting to provide border cific rational for GSA’s decision. The House Committee on Transportation residents with economic development oppor- Provided further, that beginning on the date and Infrastructure authorized $4,290,000 for tunities and relief from the traffic backups of approval of this resolution, GSA shall, to design on May 23, 2007. at the congested POEs in downtown El Paso. the maximum extent practicable and consid- The Senate Committee on Environment A new facility has been determined to be ering life-cycle costs appropriate for the geo- and Public Works authorized $4,290,000 for needed in this area, primarily due to the graphic area, use energy efficient and renew- design on September 20, 2007. processing constraints at the Fabens POE able energy systems, including photovoltaic Through Public Law 110–161, Congress ap- and the structural issues of the existing systems, in carrying out alteration, design, propriated $4,290,000 for design on December bridge. The proposed POE at Tornillo-Guada- or construction projects. 26, 2007. lupe will replace the existing port, which Provided further, that beginning on the date subsequently, will be demolished. Schedule Start End of approval of this resolution, each alter- The existing Fabens-Caseta Bridge was ation, design, or construction prospectus Design ...... FY2008 FY2010 constructed in 1938 and is not structurally submitted by GSA shall include an estimate Construction ...... FY2010 FY2013 sound enough to allow commercial vehicle of the future energy performance of the crossings. The bridge is only 16 feet wide building and specific description of the use of PROJECT OVERVIEW with a maximum permissible load level of 12 energy efficient and renewable energy sys- The GSA proposes construction of the tons, cannot accommodate today’s standard tems, including photovoltaic systems, in car- Tornillo-Guadalupe POE to support a new 15 to 20 tons, thereby limiting the Fabens rying out the project. international bridge crossing for which the port to processing only pedestrian and POV traffic. The existing facility is comprised of DESCRIPTION County of El Paso, TX, obtained a Presi- dential Permit on March 31, 2005. The County modular buildings which have reached full The General Services Administration of El Paso will construct the bridge struc- capacity and are unable to adequately sup- (GSA) proposes the construction of new port ture, while GSA proposes to construct the port the needs of CBP. The Fabens modular of entry (POE) facilities to replace the exist- POE facilities. The proposed POE will in- buildings’ lack of adequate space has hin- ing POE at Fabens-Casita in El Paso County, clude sufficient infrastructure and facilities dered the ability of CBP to process, inter- TX. The proposed facility will be known as to support present and future demand by pri- view, segregate, and detain visitors to the the Tornillo-Guadalupe POE. vately owned vehicles (POV), pedestrian and U.S. Inefficiencies of the current facility in- PROJECT SUMMARY commercial traffic, both northbound and clude a domestic water system which re- Site Information: southbound. Facilities to process POV, bus, quires water to be hauled from the nearby Government-owned ...... 6.3 acres and pedestrian traffic and inspections are to community. Water is only used for restrooms To be acquired ...... 1 109 acres include: main administration building, and hose bibs and bottled water is provided Building Area: headhouse, four primary POV and eight sec- for employees to drink. Furthermore, the Building (including can- ondary inspection stations, a screened ‘‘hard water system is not sufficient to provide opies) ...... 86,596 gsf secondary’’ area, bus disembark and reload fire-fighting capability even though the Building (excluding can- areas, parking for staff, service and visitors, buildings have fire sprinklers. The existing opies) ...... 74,596 gsf secondary inspection canopy, POV return septic system is not designed for the number Number of outside parking lanes to Mexico, requisite Non-Invasive In- of employees at the facility. Also, the main spaces: ...... 160 spection (NII) systems (VACIS II, radiation building does not have a public restroom. The existing site has little utility infra- Cost Information portal monitors (RPM) and license plate structure beyond single phase electrical Site Development Cost 2 .... $63,512,000 readers (LPR), etc.), seizure vehicle parking power and copper telecommunications lines. Building Costs (includes area, a booth for outlease to the Texas Alco- The new facilities will require water, waste- inspection canopies) holic Beverage Commission, and a pedestrian water services, upgraded power, fiber optics, ($206/gsf ) ...... $17,872,000 parkway. Facilities to support commercial traffic and natural gas. El Paso County, as part of 1 Acreage is to be donated to GSA by El and inspections include: a commercial build- the Presidential Permit application, has Paso County, TX. ing, ten covered commercial docks, two pri- made the commitment to bring all necessary 2 Site development costs include grading, mary inspection booths with a canopy and utility service to the edge of the property. utilities, paving and traffic control, drainage bypass lane, NII systems, hazardous mate- SUMMARY OF ENERGY COMPLIANCE ponds and culverts (including piping and rials containment area, exit booth, bulk This project is designed to conform with structures), lighting, and fencing. cargo bin, Agriculture Quarantine Inspection the requirements of the Facilities Standards PROJECT BUDGET (AQI), and narcotics storage. The facility for the Public Buildings Service and to earn Design and Review (FY will also provide an incinerator, kennel fa- Leadership in Energy and Environmental De- 2008) ...... $4,290,000 cilities, heliport, and communication tower. sign (LEED) certification. It will also meet Additional Design ...... 3,800,000 Additionally, inspection facilities for the Congressionally-required energy efficiency Management & Inspection Federal Motor Carrier Safety Administra- and performance requirements in effect dur- (M&I) ...... 6,381,000 tion (FMCSA) will be provided. The site will ing design. GSA will encourage exploration

VerDate Nov 24 2008 06:01 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.065 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10038 CONGRESSIONAL RECORD — HOUSE September 29, 2009 of opportunities to gain increased energy ef- native other than Federal construction was Submitted at Washington, DC, on June 11, ficiency above the measures achieved in the considered. 2009. design. RECOMMENDATION Recommended — — —, Acting Commis- Additional design and construction. ALTERNATIVES CONSIDERED sioner, Public Buildings Service. CERTIFICATION OF NEED Approved Paul F. Prouty, Acting Adminis- GSA owns and maintains the existing fa- The proposed project is the best solution to trator, General Services Administration. cilities at this port of entry; thus no alter- meet a validated Government need.

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VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.067 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE Insert offset folio 1063/62 here EH29SE09.004 H10040 CONGRESSIONAL RECORD — HOUSE September 29, 2009 There was no objection. Johnson (GA) Miller (MI) Sa´ nchez, Linda Gerlach Neugebauer Smith (WA) Johnson (IL) Miller (NC) T. Gohmert Ortiz Sutton f Johnson, E. B. Minnick Sanchez, Loretta Grayson Paul Teague Jones Mitchell Schakowsky Harman Pence Tiberi ANNOUNCEMENT BY THE SPEAKER Kagen Mollohan Schauer Israel Radanovich Wamp Kanjorski Moore (KS) Schiff Jackson-Lee Richardson PRO TEMPORE Wasserman Kaptur Moore (WI) Schrader (TX) Rohrabacher Schultz The SPEAKER pro tempore. Pursu- Kennedy Murphy (CT) Schwartz Maloney Royce Wexler Kildee Murphy (NY) Scott (GA) McCollum Sarbanes Whitfield ant to clause 8 of rule XX, proceedings Kilpatrick (MI) Murphy, Patrick Scott (VA) Miller, George Sestak Young (FL) will resume on motions to suspend the Kilroy Murphy, Tim Sensenbrenner Moran (VA) Sires Kind Murtha Serrano rules previously postponed. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Votes will be taken in the following Kirk Nadler (NY) Sessions Kirkpatrick (AZ) Napolitano Shea-Porter The SPEAKER pro tempore (during order: Kissell Neal (MA) Sherman the vote). There are 2 minutes remain- Klein (FL) Nye Shuler H.R. 905, by the yeas and nays; ing in this vote. H. Res. 16, by the yeas and nays; Kline (MN) Oberstar Shuster Kosmas Obey Skelton Motion to Instruct on H.R. 2997, by Kratovil Olson Slaughter b 1855 the yeas and nays. Kucinich Olver Smith (NJ) Mrs. EMERSON and Messrs. Lance Pallone Smith (TX) Votes on H.R. 2442, H.R. 1771, and REHBERG, CULBERSON, MACK, H.R. 1053 will be taken later this week. Langevin Pascrell Snyder Larsen (WA) Pastor (AZ) Souder STEARNS and MCKEON changed their The first electronic vote will be con- Larson (CT) Paulsen Space vote from ‘‘yea’’ to ‘‘nay.’’ ducted as a 15-minute vote. Remaining LaTourette Payne Speier Mrs. BONO MACK and Mr. INGLIS electronic votes will be conducted as 5- Lee (CA) Perlmutter Spratt Levin Perriello Stark changed their vote from ‘‘nay’’ to minute votes. Lewis (GA) Peters Stupak ‘‘yea.’’ Lipinski Peterson Tanner So (two-thirds being in the affirma- f LoBiondo Petri Taylor Loebsack Pingree (ME) Terry tive) the rules were suspended and the THUNDER BAY NATIONAL MARINE Lofgren, Zoe Platts Thompson (CA) bill, as amended, was passed. SANCTUARY AND UNDERWATER Lowey Polis (CO) Thompson (MS) The result of the vote was announced PRESERVE BOUNDARY MODI- Luja´ n Pomeroy Tierney Lynch Price (GA) Titus as above recorded. FICATION ACT Maffei Price (NC) Tonko A motion to reconsider was laid on The SPEAKER pro tempore. The un- Markey (CO) Putnam Towns the table. Markey (MA) Quigley Tsongas Stated for: finished business is the vote on the mo- Marshall Rahall Turner tion to suspend the rules and pass the Massa Rangel Upton Mr. GRAYSON. Mr. Speaker, on rollcall No. bill, H.R. 905, as amended, on which the Matheson Reichert Van Hollen 740, H.R. 905, I missed this vote because of Matsui Reyes Vela´ zquez a delayed flight, and heavy traffic on the 14th yeas and nays were ordered. McCarthy (NY) Rodriguez Visclosky The Clerk read the title of the bill. McCaul Rogers (KY) Walz Street Bridge. Had I been present, I would The SPEAKER pro tempore. The McCotter Rogers (MI) Waters have voted ‘‘yea.’’ question is on the motion offered by McDermott Rooney Watson Stated against: McGovern Ros-Lehtinen Watt the gentlewoman from Guam (Ms. McIntyre Ross Waxman Mr. BOEHNER. Mr. Speaker, on rollcall No. BORDALLO) that the House suspend the McMahon Rothman (NJ) Weiner 740 I was unavoidably detained. Had I been rules and pass the bill, H.R. 905, as McNerney Roybal-Allard Welch present, I would have voted ‘‘nay.’’ Meek (FL) Ruppersberger Wilson (OH) amended. Meeks (NY) Rush Wittman f The vote was taken by electronic de- Melancon Ryan (OH) Woolsey vice, and there were—yeas 286, nays Mica Ryan (WI) Wu NATIONAL LIFE INSURANCE 107, not voting 39, as follows: Michaud Salazar Yarmuth AWARENESS MONTH [Roll No. 740] NAYS—107 The SPEAKER pro tempore. The un- YEAS—286 Akin Fallin McCarthy (CA) finished business is the vote on the mo- Ackerman Chandler Farr Alexander Flake McClintock tion to suspend the rules and agree to Aderholt Childers Fattah Altmire Fleming McHenry the resolution, H. Res. 16, on which the Adler (NJ) Chu Filner Bachmann Foxx McKeon yeas and nays were ordered. Andrews Clarke Forbes Bartlett Franks (AZ) McMorris Arcuri Clay Fortenberry Barton (TX) Gallegly Rodgers The Clerk read the title of the resolu- Austria Cleaver Foster Bilbray Garrett (NJ) Miller (FL) tion. Bachus Clyburn Frank (MA) Bishop (UT) Gingrey (GA) Miller, Gary The SPEAKER pro tempore. The Blackburn Goodlatte Baird Cohen Frelinghuysen Moran (KS) Blunt Graves question is on the motion offered by Baldwin Connolly (VA) Fudge Myrick Barrow Cooper Giffords Bonner Hall (TX) the gentleman from Massachusetts Boozman Harper Nunes Bean Costa Gonzalez Pitts (Mr. LYNCH) that the House suspend Becerra Costello Gordon (TN) Boustany Hastings (WA) Brady (TX) Heller Poe (TX) the rules and agree to the resolution, Berkley Courtney Granger Posey Berman Crenshaw Green, Al Bright Hensarling H. Res. 16. Rehberg Berry Crowley Green, Gene Broun (GA) Herger This will be a 5-minute vote. Roe (TN) Biggert Cuellar Griffith Brown (SC) Hunter The vote was taken by electronic de- Burgess Issa Rogers (AL) Bilirakis Cummings Grijalva vice, and there were—yeas 394, nays 1, Bishop (GA) Dahlkemper Guthrie Burton (IN) Johnson, Sam Roskam Bishop (NY) Davis (AL) Gutierrez Buyer Jordan (OH) Scalise not voting 37, as follows: Blumenauer Davis (CA) Hall (NY) Calvert King (IA) Schmidt [Roll No. 741] Boccieri Davis (TN) Halvorson Campbell King (NY) Schock Bono Mack DeFazio Hare Cantor Kingston Shadegg YEAS—394 Boren DeGette Hastings (FL) Carter Lamborn Shimkus Ackerman Berman Boustany Boswell Delahunt Heinrich Cassidy Latham Simpson Aderholt Berry Boyd Boucher DeLauro Herseth Sandlin Castle Latta Smith (NE) Adler (NJ) Biggert Brady (PA) Chaffetz Boyd Dent Higgins Lee (NY) Stearns Akin Bilbray Brady (TX) Coble Lewis (CA) Brady (PA) Diaz-Balart, L. Hill Sullivan Alexander Bilirakis Braley (IA) Coffman (CO) Linder Braley (IA) Diaz-Balart, M. Himes Thompson (PA) Altmire Bishop (GA) Bright Brown, Corrine Dicks Hinchey Cole Lucas Andrews Bishop (NY) Broun (GA) Conaway Luetkemeyer Thornberry Brown-Waite, Dingell Hinojosa Tiahrt Arcuri Bishop (UT) Brown (SC) Ginny Doggett Hirono Culberson Lummis Austria Blackburn Brown, Corrine Davis (KY) Lungren, Daniel Walden Buchanan Donnelly (IN) Hodes Westmoreland Bachmann Blumenauer Brown-Waite, Camp Doyle Hoekstra Deal (GA) E. Bachus Blunt Ginny Wilson (SC) Cao Driehaus Holden Dreier Mack Baird Boccieri Buchanan Wolf Capito Edwards (MD) Holt Duncan Manzullo Baldwin Boehner Burgess Capps Edwards (TX) Honda Emerson Marchant Young (AK) Barrow Bonner Burton (IN) Cardoza Ehlers Hoyer Bartlett Bono Mack Buyer Carnahan Ellison Inglis NOT VOTING—39 Barton (TX) Boozman Calvert Carney Ellsworth Inslee Abercrombie Boehner Conyers Bean Boren Camp Carson (IN) Eshoo Jackson (IL) Baca Butterfield Davis (IL) Becerra Boswell Campbell Castor (FL) Etheridge Jenkins Barrett (SC) Capuano Engel Berkley Boucher Cao

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.056 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10041 Capito Heller Melancon Smith (WA) Thornberry Waters Burgess Hastings (WA) Murphy (CT) Capps Hensarling Mica Snyder Tiahrt Watson Burton (IN) Heinrich Murphy (NY) Cardoza Herger Michaud Souder Tiberi Watt Buyer Heller Murphy, Patrick Carnahan Herseth Sandlin Miller (FL) Space Tierney Waxman Calvert Hensarling Murphy, Tim Carney Higgins Miller (MI) Speier Titus Weiner Camp Herger Murtha Carson (IN) Hill Miller (NC) Spratt Tonko Welch Campbell Herseth Sandlin Myrick Carter Himes Miller, Gary Stearns Towns Westmoreland Cantor Hill Nadler (NY) Cassidy Hinchey Minnick Stupak Tsongas Wilson (OH) Cao Himes Neal (MA) Sullivan Turner Castle Hinojosa Mitchell Wilson (SC) Capito Hinchey Nunes Tanner Upton Castor (FL) Hirono Mollohan Wittman Capps Hinojosa Nye Chaffetz Hodes Moore (KS) Taylor Van Hollen Wolf Cardoza Hodes Oberstar Chandler Hoekstra Moore (WI) Terry Vela´ zquez Carnahan Hoekstra Olson Woolsey Childers Holden Moran (KS) Thompson (CA) Visclosky Carney Holden Ortiz Wu Chu Holt Murphy (CT) Thompson (MS) Walden Carson (IN) Holt Pallone Young (AK) Clarke Honda Murphy (NY) Thompson (PA) Walz Carter Hunter Pascrell Clay Hoyer Murphy, Patrick NAYS—1 Cassidy Inglis Paulsen Cleaver Hunter Murphy, Tim Castle Inslee Perlmutter Clyburn Inglis Murtha Stark Castor (FL) Issa Perriello Coble Inslee Myrick Chaffetz Jackson (IL) Peters Coffman (CO) Issa Nadler (NY) NOT VOTING—37 Chandler Jenkins Peterson Cohen Jackson (IL) Napolitano Abercrombie Israel Sarbanes Childers Johnson (GA) Petri Cole Jenkins Neal (MA) Baca Jackson-Lee Sestak Chu Johnson (IL) Pingree (ME) Conaway Johnson (GA) Nunes Barrett (SC) (TX) Sires Clay Johnson, Sam Pitts Connolly (VA) Johnson (IL) Nye Butterfield Maloney Slaughter Cleaver Jones Platts Cooper Johnson, E. B. Oberstar Cantor McCollum Sutton Coble Jordan (OH) Poe (TX) Costa Johnson, Sam Obey Capuano Miller, George Teague Coffman (CO) Kagen Polis (CO) Costello Jones Olson Conyers Moran (VA) Wamp Cohen Kanjorski Pomeroy Courtney Jordan (OH) Olver Davis (IL) Neugebauer Wasserman Cole Kaptur Posey Crenshaw Kagen Ortiz DeFazio Paul Schultz Conaway Kildee Price (GA) Crowley Kanjorski Pallone Engel Pence Wexler Connolly (VA) Kilroy Putnam Cuellar Kaptur Pascrell Gerlach Radanovich Whitfield Cooper Kind Quigley Culberson Kennedy Pastor (AZ) Gohmert Rogers (AL) Yarmuth Costa King (IA) Rahall Cummings Kildee Paulsen Harman Rohrabacher Young (FL) Costello King (NY) Rangel Dahlkemper Kilpatrick (MI) Payne Courtney Kingston Rehberg ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Davis (AL) Kilroy Perlmutter Crenshaw Kirk Reichert Davis (CA) Kind Perriello The SPEAKER pro tempore (during Crowley Kirkpatrick (AZ) Reyes Davis (KY) King (IA) Peters the vote). There are 2 minutes remain- Cuellar Kissell Richardson Davis (TN) King (NY) Peterson ing in this vote. Culberson Klein (FL) Rodriguez Deal (GA) Kingston Petri Cummings Kline (MN) Roe (TN) DeGette Kirk Pingree (ME) b 1902 Dahlkemper Kosmas Rogers (AL) Delahunt Kirkpatrick (AZ) Pitts Davis (AL) Kratovil Rogers (KY) DeLauro Kissell Platts So (two-thirds being in the affirma- Davis (CA) Kucinich Rogers (MI) Dent Klein (FL) Poe (TX) tive) the rules were suspended and the Davis (KY) Lamborn Rooney Diaz-Balart, L. Kline (MN) Polis (CO) Davis (TN) Lance Ros-Lehtinen Diaz-Balart, M. Kosmas Pomeroy resolution was agreed to. Deal (GA) Langevin Roskam Dicks Kratovil Posey The result of the vote was announced DeFazio Larsen (WA) Ross Dingell Kucinich Price (GA) as above recorded. DeGette Latham Rothman (NJ) Doggett Lamborn Price (NC) A motion to reconsider was laid on Dent LaTourette Royce Donnelly (IN) Lance Putnam Diaz-Balart, L. Latta Ruppersberger Doyle Langevin Quigley the table. Diaz-Balart, M. Lee (NY) Rush Dreier Larsen (WA) Rahall Dicks Levin Ryan (OH) Driehaus Larson (CT) Rangel f Dingell Lewis (CA) Ryan (WI) Duncan Latham Rehberg Doggett Lewis (GA) Salazar Edwards (MD) LaTourette Reichert MOTION TO INSTRUCT CONFEREES Donnelly (IN) Linder Sanchez, Loretta Edwards (TX) Latta Reyes ON H.R. 2997, AGRICULTURE, Doyle Lipinski Sarbanes Ehlers Lee (CA) Richardson RURAL DEVELOPMENT, FOOD Dreier LoBiondo Scalise Ellison Lee (NY) Rodriguez AND DRUG ADMINISTRATION, Driehaus Loebsack Schauer Ellsworth Levin Roe (TN) Duncan Lowey Schiff Emerson Lewis (CA) Rogers (KY) AND RELATED AGENCIES APPRO- Edwards (MD) Lucas Schmidt Eshoo Lewis (GA) Rogers (MI) PRIATIONS ACT, 2010 Edwards (TX) Luetkemeyer Schock Etheridge Linder Rooney Ehlers Lummis Schrader Fallin Lipinski Ros-Lehtinen The SPEAKER pro tempore. The un- Ellison Lungren, Daniel Schwartz Farr LoBiondo Roskam finished business is the vote on the mo- Ellsworth E. Scott (GA) Fattah Loebsack Ross tion to instruct on H.R. 2997 offered by Emerson Lynch Scott (VA) Filner Lofgren, Zoe Rothman (NJ) Engel Mack Sensenbrenner Flake Lowey Roybal-Allard the gentleman from Georgia (Mr. KING- Eshoo Maffei Serrano Fleming Lucas Royce STON) on which the yeas and nays were Etheridge Manzullo Sessions Forbes Luetkemeyer Ruppersberger ordered. Fallin Marchant Shadegg Fortenberry Luja´ n Rush The Clerk will redesignate the mo- Fattah Markey (CO) Shea-Porter Foster Lummis Ryan (OH) Filner Marshall Sherman Foxx Lungren, Daniel Ryan (WI) tion. Flake Massa Shimkus Frank (MA) E. Salazar The Clerk redesignated the motion. Fleming Matheson Shuler Franks (AZ) Lynch Sa´ nchez, Linda The SPEAKER pro tempore. The Forbes McCarthy (CA) Shuster Frelinghuysen Mack T. Fortenberry McCarthy (NY) Simpson Fudge Maffei Sanchez, Loretta question is on the motion to instruct. Foster McCaul Slaughter Gallegly Manzullo Scalise This will be a 5-minute vote. Foxx McClintock Smith (NE) Garrett (NJ) Marchant Schakowsky The vote was taken by electronic de- Franks (AZ) McCollum Smith (NJ) Giffords Markey (CO) Schauer vice, and there were—yeas 359, nays 41, Frelinghuysen McCotter Smith (TX) Gingrey (GA) Markey (MA) Schiff Gallegly McHenry Smith (WA) Gonzalez Marshall Schmidt not voting 32, as follows: Garrett (NJ) McIntyre Snyder Goodlatte Massa Schock [Roll No. 742] Giffords McKeon Souder Gordon (TN) Matheson Schrader Gingrey (GA) McMahon Space Granger Matsui Schwartz YEAS—359 Gonzalez McMorris Spratt Graves McCarthy (CA) Scott (GA) Ackerman Bean Boozman Goodlatte Rodgers Stark Grayson McCarthy (NY) Scott (VA) Aderholt Berkley Boren Gordon (TN) McNerney Stearns Green, Al McCaul Sensenbrenner Adler (NJ) Berman Boswell Granger Meek (FL) Stupak Green, Gene McClintock Serrano Akin Biggert Boucher Graves Meeks (NY) Sullivan Griffith McCotter Sessions Alexander Bilbray Boustany Grayson Melancon Tanner Grijalva McDermott Shadegg Altmire Bilirakis Boyd Green, Al Mica Terry Guthrie McGovern Shea-Porter Andrews Bishop (GA) Brady (PA) Green, Gene Michaud Thompson (CA) Gutierrez McHenry Sherman Arcuri Bishop (NY) Brady (TX) Griffith Miller (FL) Thompson (MS) Hall (NY) McIntyre Shimkus Austria Bishop (UT) Braley (IA) Guthrie Miller (MI) Thompson (PA) Hall (TX) McKeon Shuler Bachmann Blackburn Bright Gutierrez Miller (NC) Thornberry Halvorson McMahon Shuster Bachus Blumenauer Broun (GA) Hall (NY) Miller, Gary Tiahrt Hare McMorris Simpson Baird Blunt Brown (SC) Hall (TX) Minnick Tiberi Harper Rodgers Skelton Baldwin Boccieri Brown, Corrine Halvorson Mitchell Titus Hastings (FL) McNerney Smith (NE) Barrow Boehner Brown-Waite, Hare Mollohan Tonko Hastings (WA) Meek (FL) Smith (NJ) Bartlett Bonner Ginny Harper Moore (KS) Towns Heinrich Meeks (NY) Smith (TX) Barton (TX) Bono Mack Buchanan Hastings (FL) Moran (KS) Turner

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.025 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10042 CONGRESSIONAL RECORD — HOUSE September 29, 2009 Upton Weiner Wolf their leaders? Can we develop and train global terrorist threat. But, we believe that Van Hollen Welch Woolsey a credible Afghanistan security force adding even more U.S. troops to the military Walden Westmoreland Wu escalation that your administration ordered Walz Wilson (OH) when many of its leaders are allied Yarmuth in March would be counterproductive. We Watt Wilson (SC) Young (AK) with warlords and drug lords? Waxman Wittman Last Friday, 57 bipartisan Members urge you to consider and pursue the full range of alternative options including apply- NAYS—41 of Congress sent a letter to the Presi- ing the lessons of the Cold War where we iso- Becerra Kennedy Pastor (AZ) dent asking him not to increase the late and contain those who pose a threat to Berry Kilpatrick (MI) Payne number of U.S. combat troops in Af- our national security. Clarke Larson (CT) Price (NC) ghanistan in the absence of a well-de- Mr. President, the last thing that our na- Clyburn Lee (CA) Roybal-Allard tion needs as it struggles with the pain of a ´ fined military exit strategy. If we’re Delahunt Lofgren, Zoe Sanchez, Linda severe economic crisis and a mountain of DeLauro Luja´ n T. going to send our men and women to debt is another military quagmire. We be- Farr Markey (MA) Schakowsky fight and die in Afghanistan for a cor- lieve that this is why recent polls consist- Frank (MA) Matsui Skelton rupt and fraudulent government, then Fudge McDermott Speier ently show that a majority of Americans are Grijalva McGovern Tsongas at least tell us when they will be able opposed to a military escalation in Afghani- Hirono Moore (WI) Vela´ zquez to come home. stan. We urge you to reject any rec- Honda Napolitano Visclosky CONGRESS OF THE UNITED STATES, ommendation for a further escalation of U.S. Hoyer Obey Waters Washington, DC, September 25, 2009. military forces there. Johnson, E. B. Olver Watson Hon. BARACK OBAMA, Sincerely, NOT VOTING—32 President of the United States, The White James P. McGovern, Walter Jones, Ron Abercrombie Jackson-Lee Sutton House, Pennsylvania Avenue, NW, Wash- Paul, Ed Whitfield, Neil Abercrombie, Baca (TX) Taylor ington, DC. Jim McDermott, Pete Stark, Bruce Barrett (SC) Maloney Teague DEAR MR. PRESIDENT: As you consider the Braley, Phil Hare, Rau´ l Grijalva, Lynn Butterfield Miller, George Tierney latest assessment of U.S. military engage- Woolsey, Lloyd Doggett, Bob Filner, Capuano Moran (VA) Wamp ment in Afghanistan by General Stanley A. John Olver, Jose´ Serrano, Barbara Lee, Conyers Neugebauer Wasserman McChrystal, we urge you to reject any rec- Jerry Costello, Ben Ray Lu´ jan, Alan Davis (IL) Paul Schultz ommendation to increase the number of Grayson, Peter Welch. Gerlach Pence Wexler Gohmert Radanovich combat troops there, particularly in the ab- Kurt Schrader, Tammy Baldwin, Ed Pas- Whitfield Harman Rohrabacher sence of a well-defined military exit strat- tor, Yvette Clarke, Sheila Jackson Lee, Young (FL) Higgins Sestak egy. John Lewis, Carolyn B. Maloney, Rich- Israel Sires We have enormous confidence in the abil- ard Neal, Diane Watson, John Conyers, ity of the U.S. military, but we question the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Jr., Dennis Kucinich, Tim Johnson effectiveness of committing our troops to a (IL), Steve Cohen, Keith Ellison, Donna The SPEAKER pro tempore (during prolonged counterinsurgency war that could Edwards, Laura Richardson, Michael the vote). There are 2 minutes remain- last ten years or more, involve hundreds of Honda, Jan Schakowsky, Daniel ing in this vote. thousands of troops, and impose huge finan- Maffei, Steve Kagen. cial costs on taxpayers already saddled with b 1909 Michael Capuano, Sam Farr, Chellie Pin- trillions of dollars of government debt. gree, Luis Gutı´errez, Maurice Hinchey, Mr. DELAHUNT changed his vote According to General Charles Krulak (re- Maxine Waters, Mazie Hirono, Jared from ‘‘yea’’ to ‘‘nay.’’ tired), the 31st Commandant of the Marine Polis, Roscoe Bartlett, John J. Duncan, Mr. SCHRADER changed his vote Corps, the current strategy of protecting the Jr., Dana Rohrabacher, Mike Michaud, people of Afghanistan with U.S. forces would from ‘‘nay’’ to ‘‘yea.’’ Earl Blumenauer, Rush Holt, Mike require an escalation of several hundred Quigley, Peter DeFazio, Jerrold Nadler. So the motion to instruct was agreed thousand additional troops. He warns that to. our military has already been overburdened: f The result of the vote was announced ‘‘Not only are our troops being run ragged MIAMI-DADE HEART ASSOCIATION as above recorded. but, equally important and totally off most LEADS THE WAY IN NATIONWIDE A motion to reconsider was laid on people’s radar screens, our equipment is HEART WALK the table. being run ragged.’’ It is unlikely that our NATO allies will be able to sustain the polit- (Ms. ROS-LEHTINEN asked and was APPOINTMENT OF CONFEREES ical support necessary for continuing such a given permission to address the House The SPEAKER pro tempore. Without mission placing even more of a burden on for 1 minute and to revise and extend objection, the Chair appoints the fol- American forces and the American people. her remarks.) lowing conferees: Ms. DELAURO, 2009 is already the deadliest year for U.S. Ms. ROS-LEHTINEN. Madam Speak- Messrs. FARR, BOYD, BISHOP of Georgia, forces since the war began eight years ago. er, the Miami-Dade Heart Association Fifty-one of the seven hundred and thirty- DAVIS of Tennessee, Ms. KAPTUR, will hold its Miami-Dade Start! Heart eight U.S. soldiers who have lost their lives Messrs. HINCHEY, JACKSON of Illinois, in Afghanistan were killed last month alone. Walk this Saturday, October 2, at the OBEY, KINGSTON, LATHAM, Mrs. EMER- The national Afghanistan election that beautiful Tropical Park. Miami’s walk SON, Messrs. ALEXANDER and LEWIS of U.S. Ambassador Karl Eikenberry hoped is just one of nearly 400 similar events California. would lead to a ‘‘renewal of trust of the Af- across our great country that will help There was no objection. ghan people for their government’’ was a dis- the tremendous lifesaving activities of aster and will almost certainly have the op- f the American Heart Association. This posite effect. The official Electoral Com- major undertaking is designed to pro- NO TROOP ESCALATION IN plaints Commission in Afghanistan has an- mote physical activity and heart- AFGHANISTAN nounced that is has found ‘‘clear and con- vincing evidence of fraud.’’ A government al- healthy living in a fun-loving atmos- (Mr. MCGOVERN asked and was ready mired in allegations of widespread phere for the whole family. More than given permission to address the House fraud and incompetence is now facing serious 1 million walkers from around the Na- for 1 minute and to revise and extend charges and compelling evidence that it has tion are expected to participate in this his remarks.) attempted to steal the national election. massive effort to help those afflicted Mr. MCGOVERN. Madam Speaker, A February 2009 ABC/BBC/ARD poll found by the Nation’s number one and the that only 18 percent of Afghans support in- President Obama will soon decide Nation’s number three killers, heart whether to significantly escalate the creasing the number of U.S. troops in their country. This should come as no surprise. disease and stroke. number of U.S. troops deployed to Af- Historically, Afghans have always forcefully The main reason behind the walk is ghanistan. I urge him to exercise ex- resisted the presence of foreign military to raise awareness that physical inac- treme caution and not increase Amer- forces, be they British, Soviet or American. tivity significantly increases the risk ica’s military footprint in Afghanistan. The presence of our forces strengthens the of heart disease and stroke. Seventy I was in Afghanistan right after the hand of Taliban recruiters. Indeed, an inde- percent of Americans don’t get enough elections. Everyone admits there was pendent analysis early this year by the Car- exercise; and as a result, our waist- massive fraud and that corruption is negie Institute concluded that the presence bands have expanded and so have the widespread in the government. Do we of foreign troops is probably the single most important factor in the resurgence of the number of preventable illnesses and really expect to achieve long-term sus- Taliban. health care costs. tainable development in Afghanistan We support your administration’s declared Madam Speaker, both locally and na- when the people have no confidence in goals of defeating Al Qaeda and reducing the tionally, the Heart Association is

VerDate Nov 24 2008 06:01 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.026 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10043 showing the way to help improve our confused with many other conditions. nounced policy of January 6, 2009, and Nation’s health care through this mo- When it’s detected, however, 9 out of 10 under a previous order of the House, mentous endeavor. Let’s all start walk- women will survive. However, only 19 the following Members will be recog- ing this Saturday. percent of ovarian cancer cases in the nized for 5 minutes each. f United States are diagnosed at an early f stage. The SPEAKER pro tempore. Under a WALSH UNIVERSITY 50TH Let’s not only remember those that ANNIVERSARY CELEBRATION we have lost to this deadly disease, but previous order of the House, the gentle- woman from California (Ms. WOOLSEY) (Mr. BOCCIERI asked and was given as this month ends, let’s work together towards creating and improving treat- is recognized for 5 minutes. permission to address the House for 1 (Ms. WOOLSEY addressed the House. minute and to revise and extend his re- ments to save the lives of mothers, sis- ters, daughters, and all those around us Her remarks will appear hereafter in marks.) the Extensions of Remarks.) Mr. BOCCIERI. Madam Speaker, this that we love each day. academic year represents a most mo- f f mentous occasion for the 16th Congres- FCC WILL STIFLE INVESTMENT THE WALL STREET BAILOUT: sional District of Ohio. We celebrate WITH NEW REGULATIONS ‘‘HEADS, WE WIN; TAILS, THE the 50th anniversary of the founding of (Ms. FOXX asked and was given per- TAXPAYERS LOSE’’ Walsh University. On November 17, mission to address the House for 1 The SPEAKER pro tempore. Under a 1960, the six founding brothers of Walsh minute.) previous order of the House, the gen- University brought their dream to life Ms. FOXX. Madam Speaker, yester- tleman from Illinois (Mr. LIPINSKI) is when Walsh College enrolled 67 male day The Washington Post published an recognized for 5 minutes. students united under the mission of editorial about recent rumblings at the Mr. LIPINSKI. Madam Speaker, a creating leaders in public service and Federal Communications Commission. year ago we heard that the world finan- educating the working class. It seems that the FCC Chairman is con- cial system was on the verge of col- Walsh’s 50-year history is full of cerned about ‘‘breaks and cracks’’ in lapse. Congress was given a $700 billion many highlights, but some stand out the Internet that pose a threat to open- Wall Street bailout plan that we were from the rest. In 1967 Walsh opened its ness. His prescription for these appar- told was needed to avert catastrophe. doors to women and officially became ent fissures: the heavy hand of the Fed- After studying the legislation, I de- coed. In 1981, Walsh established its first eral Government. cided it contained too many loopholes graduate program, offering a master of As a result, the FCC appears ready to and provided no guarantee that middle arts in counseling. In 1993, Walsh Col- hand down new regulations that will class Americans would be helped by lege became Walsh University, paving hinder Internet Service Providers’ abil- this huge expenditure of their hard- the way for further growth and expan- ity to manage their own networks. The earned money. sion. Under the leadership of President rules would essentially regulate how One year ago today, I stood here and Richard Jusseaume, the university has ISPs manage network traffic. But this voted against the bailout bill, and it experienced unprecedented growth not seems more like a solution in search of failed. Unfortunately, later that week only in enrollment but also in physical a problem. Or rather it’s a solution the Senate passed it, and it then passed growth with the addition of several that will create a problem by the House on the second try. The bill academic buildings, residence halls and hamstringing network operators’ abil- had gotten no better; so I reluctantly athletic facilities. ity to manage network congestion. voted against that bill again. Today, Walsh University offers more The Post is right to question the I believed it was the right thing to do than 50 majors, six graduate programs, FCC’s proposal. Such overregulation then, and I am even more convinced of a doctorate program in physical ther- will only hamper additional invest- that today. Much of what I feared apy, and boasts four campuses through- ment by Internet providers, which would happen if we passed the bailout out northeast Ohio, one just outside of could negatively affect rural areas like has come to pass. Rome, Italy, and welcomes more than much of the district I represent. We still don’t know what the banks 3,000 students to our great district. We f have done with the billions they were can only imagine what the next 50 given. Executives at firms the tax- years will bring, but I am certain a PERSONAL EXPLANATION payers propped up have taken home bright future lies ahead for Walsh Uni- Ms. JACKSON-LEE of Texas. Madam huge paychecks. Foreign banks wound versity. Speaker, because I was unavoidably de- tained with constituents, I would like up receiving taxpayer money. And, f to acknowledge that my vote would most importantly, unemployment has b 1915 have been ‘‘aye’’ in roll call vote No. skyrocketed and is expected to go high- 737, the Medicare Premium Fairness er. NATIONAL OVARIAN CANCER Last week I joined 28 of my col- AWARENESS MONTH Act, on Thursday, September 24, 2009. Likewise, I was unavoidably detained leagues in calling on the Treasury De- (Mr. PAULSEN asked and was given in a meeting with the Vice President, partment to end the bailout program permission to address the House for 1 and I would like to indicate that my and stop more taxpayer money from minute and to revise and extend his re- votes today on passage of H.R. 905, being misspent. A year after Wall marks.) Thunder Bay National Marine Sanc- Street’s recklessness brought the econ- Mr. PAULSEN. Madam Speaker, I tuary and Underwater Preserve Bound- omy to its knees, little has been done rise to recognize September as Na- ary Modification Act, roll call vote No. to reform the financial system and pre- tional Ovarian Cancer Awareness 740, would have been ‘‘aye’’; H. Res. 16, vent another such crisis. That must Month. supporting the goals and ideals of the change. We cannot permit the financial This deadly disease hits 1 in every 72 National Life Insurance Awareness industry to continue to live by the slo- women in the United States and is the Month, roll call vote 741, would have gan ‘‘heads, we win; tails, the tax- fifth leading cause of cancer deaths been ‘‘aye’’; and adoption of motion to payers lose.’’ among women. instruct conferees on H.R. 2997, Agri- For the time being, the markets ap- As a husband, brother, and father, I culture, Rural Development, Food and pear to have stabilized, but that is lit- believe it’s of the utmost importance Drug Administration, and Related tle comfort to the millions of Ameri- to call attention to this disease that Agencies Appropriations Act, 2010, roll cans who are out of work or have seen hits 20,000 American women every year. call vote 742, would have been ‘‘no.’’ their wages and hours cut, or are won- In just 2008 alone, over 15,000 women f dering if their next day on the job will died of ovarian cancer. be their last. They are among the inno- Cases of this deadly cancer can be SPECIAL ORDERS cent victims of this recession. very difficult to diagnose because of The SPEAKER pro tempore (Mrs. There is still great anger about what subtle symptoms that are sometimes HALVORSON). Under the Speaker’s an- happened with the bailout and the

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.063 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10044 CONGRESSIONAL RECORD — HOUSE September 29, 2009 reckless and misguided actions that parked his dud bomb car in the parking friendly, safe place to be. There are caused the problems in the financial garage, walked a few blocks away, parts of the South Texas border that industry that led to the pain felt by dialed the cell phone number he are so remote that people just walk middle class Americans. I continue to thought would set the explosion off. It across every day. We do not know who hear about it from my constituents, no didn’t work, and he was immediately these people are. We don’t know their matter where they live in my district, arrested. That’s good news for the peo- intentions. And we don’t know what what their profession is, or their age. ple that were in that 60-story building they’re bringing over into the United One constituent I spoke with last in Dallas, Texas. States. Not everyone coming into the month is more well known than most Over the past 2 weeks, terrorists have United States illegally is looking for of my constituents, but he echoed a been arrested in Dallas, Illinois, New work. similar sentiment when it came to the York, and Denver. The threats to the Instead of decreasing the number of bailout and what we need in America United States from jihadists have not Border Patrol agents, it needs to be in- today. Dennis DeYoung, lead singer stopped. creased, and we need to send the Na- and songwriter for Styx, pointed me to One way people who want to harm us tional Guard to the border as well. We a song he wrote and sang 30 years ago. get here is simply crossing our porous should also move our military training That song, ‘‘Rockin’ the Paradise,’’ ap- borders, especially the southern border. exercises and operations to the south- peared on the album ‘‘Paradise The- Now Border Patrol reports that nearly ern border. ater,’’ which went to number one on 1,300 miles of the U.S.-Mexico border is Border security is a national security the charts. It was recorded in a studio not under effective control. The De- issue, and it’s the number one duty of in Oak Lawn in my district. Thirty partment of Justice admits that vast government: national security. stretches of the border are just easily years later, as our country continues b 1930 to reel from the consequences of the breached. The Government Account- greed of some, the lyrics are as rel- ability Office says that three terrorists The American people are asking, evant as ever: have been caught at the border; 530 Why don’t we expect and make the gov- ‘‘Don’t need no fast buck, lame duck aliens from terrorist countries were ernment secure our borders? That is a profits for fun, quick trick plans, take stopped at Border Patrol checkpoints good question. This question has been the money and run. We need long term, just last year. And that’s at a check- asked for years, but yet we still have slow burn, getting it done, and some point. What about the hundreds who the same results: porous borders. The straight-talking, hardworking son of a get through our borders between the greatest Nation on Earth secures the gun.’’ checkpoints? borders of other nations but refuses to The song goes on: Our government’s response to all of secure our own border, and the ques- ‘‘I ain’t lookin’ to fight, but I know this is to decrease the number of Bor- tion is why. with determination, we can challenge der Patrol agents at our southern bor- And that’s just the way it is. the schemers who cheat all the rules. der. Beginning in 3 days, they’re pull- f ‘‘Come on take pride, be wise, ing hundreds of agents off the Southern The SPEAKER pro tempore. Under a spottin’ the fools. No big shots, crack- border. Does this make sense to any- previous order of the House, the gentle- pots bending the rules. A fair shot here one? woman from Ohio (Ms. KAPTUR) is rec- for me and for you.’’ Each year the Border Patrol sets a ognized for 5 minutes. That is what Americans want, to goal for ‘‘border miles under effective (Ms. KAPTUR addressed the House. know that when they work hard, control.’’ ‘‘Effective control’’ means, in Her remarks will appear hereafter in they’ll not get cheated by the ‘‘big their jargon, when the Border Patrol the Extensions of Remarks.) shots’’ and the ‘‘crackpots.’’ detects somebody crossing, they expect f It’s long past time that we ‘‘chal- to catch them. REPUBLICAN HEALTH CARE PLAN: lenge the schemers who cheat all the Homeland Security says the Border DON’T GET SICK, OR IF SICK, DIE rules.’’ That is what my constituents Patrol’s goal last year was to have QUICKLY want. That is what all hardworking only 815 miles of the 8,600 miles of bor- Americans want us to do in Wash- der under ‘‘effective control.’’ That’s The SPEAKER pro tempore. Under a ington. They want to hear ‘‘straight on both the southern and the northern previous order of the House, the gen- talk.’’ They want to see us ‘‘getting it border. Next year the goal is exactly tleman from Florida (Mr. GRAYSON) is done’’ so that they have a ‘‘fair shot’’ the same: 815 miles under ‘‘effective recognized for 5 minutes. at the American Dream. control.’’ That means Homeland Secu- Mr. GRAYSON. You may recall that f rity is not planning to secure one addi- a few weeks ago, President Obama tional mile of either border next year, came to this Chamber and he addressed BORDER SECURITY IS A NATIONAL not one. And, of course, that’s good the Chamber on health care before a SECURITY ISSUE news to people who want to cross ille- joint session of the House and the Sen- The SPEAKER pro tempore. Under a gally into the United States and do us ate. During that session, I was privi- previous order of the House, the gen- harm. leged to be here, and I saw my col- tleman from Texas (Mr. POE) is recog- The southern border is nearly 2,000 leagues on the far side of the aisle, the nized for 5 minutes. miles long. Yet less than 700 miles are Republicans, waving pieces of paper Mr. POE of Texas. Madam Speaker, what Homeland Security calls secured. during his speech, and I was wondering there are still terrorists plotting to at- Over 1,200 miles are not effectively what they were. I couldn’t imagine. It tack this Nation of ours. Just last under control, they say. And their almost seemed like they wanted Presi- week the FBI arrested a terrorist in media border guy, Lloyd Easterling, dent Obama’s autograph. I just didn’t Dallas, Texas. He drove up to the 60- said the Border Patrol could protect get it. I heard from one of my col- story Fountain Place glass office build- the Mexican border with fewer agents. leagues that this is what they call the ing in downtown Dallas. He thought he He may be the only person in America Republican health care plan. had made a car bomb and had it all that feels that way. He said local police I went over after the speech was over. rigged up to blow up the building with and sheriffs departments were on the I picked up a copy that was lying down the people inside. Media reports say job, and they are. But they’re over- on the Republican side, and it turns that this Jordanian that was in the worked, and they’re overwhelmed with out that the Republicans health care United States was illegally in this crime crossing into the United States. plan was a blank piece of paper. I in- country. They don’t have nearly enough officers, quired further, trying to find out ex- Law enforcement was on the job, and they don’t have the money to hire actly what Republicans health care however. The FBI had undercover more personnel. plan is, and it is my duty and pride to- agents posing as members of an al It’s the job of the Federal Govern- night to be able to announce exactly Qaeda sleeper cell, and they secretly ment to protect our borders. I’ve been what the Republicans plan to do for supplied the terrorist with a dud bomb. down to the Texas-Mexico border nu- health care in America. It is this. It is But he didn’t know that. The terrorist merous times, and it’s no longer a a very simple plan. Here it is.

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.066 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10045 The Republicans’ health care plan for across this country, I would like to ask Mr. BURTON of Indiana. I would be America: Don’t get sick. That’s right. them, What government agency has happy to yield to my colleague from Don’t get sick. If you have insurance, done such a great job that you would Georgia. don’t get sick. If you don’t have insur- want to rely on them for your health Mr. PRICE of Georgia. The gen- ance, don’t get sick. If you are sick, care? Just start naming a couple. What tleman from Florida, Mr. GRAYSON, is don’t get sick. Just don’t get sick. government agency has done such a still on the floor. He could have an op- That’s what the Republicans have in good job that they’re not spending portunity to come down and apologize mind for you, America. That’s the Re- much more money than you anticipate to the House right now for denigrating publicans’ health care plan. they’re going to spend, and then think this discussion, this debate, for debas- But I think that the Republicans un- about health care. ing Members of not just the House of derstand that that plan isn’t always The projections are that the Demo- Representatives, but this entire Na- going to work. It is not a foolproof crats’ plan is going to cost between $1 tion. It’s shameful what’s been done. plan. So the Republicans have a back- and $3 trillion over the next 10 years, Mr. GRAYSON, how about apologizing? up plan in case you do get sick. If you money we do not have. Money that Mr. GRAYSON? Mr. GRAYSON, how about get sick in America, this is what the your kids and your grandkids are going apologizing? Republicans want you to do. If you get to have to pay for with higher taxes Mr. BURTON of Indiana. I think Mr. sick, America, the Republican health and inflation. GRAYSON has left the Chamber. Mr. PRICE of Georgia. I thank the care plan is this: Die quickly. That’s And they say that we don’t have a right. The Republicans want you to die gentleman. plan. We do have a plan. We want to Mrs. BLACKBURN. If the gentleman quickly if you get sick. allow businesses to band together so will yield. Now, the Democrats have a different they can get the best rates like major Mr. BURTON of Indiana. I would be plan. The Democrats say that if you corporations. We want businesses to be happy to. have health insurance, we are going to able to go across State lines to buy in- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE make it better. If you don’t have surance at the best rate possible. We The SPEAKER pro tempore. The gen- health insurance, we are going to pro- want to set up medical savings ac- tleman will suspend. vide it to you. If you can’t afford counts so people will have the money The Chair reminds all Members to di- health insurance, then we’ll help you of their own, tax deductible money put rect their comments to the Chair. afford it. into the account by them and their em- Mrs. BLACKBURN. I thank the gen- So America gets to decide. Do you ployer, and they can use it as they see tleman for yielding. want the Democratic plan or do you fit for medical coverage, and then if And, Madam Speaker, I find it just so want to Republican plan? there is a major expense above the unfortunate as we are seeking to ad- Remember, the Republican plan: $2,000 or $3,000 of their money that’s in dress and find bipartisan agreement on Don’t get sick. And if you do get sick, the bank, you can have a major med- an issue of paramount importance to die quickly. ical policy. It would save an awful lot the American people on an issue that f of money. our seniors continue to talk to us The SPEAKER pro tempore. Under a There is no question that we have about every day because of their con- previous order of the House, the gen- maybe 10 million people in the country cerns over Medicare, what the delivery tleman from North Carolina (Mr. who are indigent, who don’t have is going to be, that we would have JONES) is recognized for 5 minutes. health care, that we need to deal with. someone, Madam Speaker, who would (Mr. JONES addressed the House. His Not the illegal aliens, not the people come to this floor and would make remarks will appear hereafter in the who elected not to have insurance, but such a statement and would make such Extensions of Remarks.) the 10 million people who really don’t accusations. have it and need it. And in our plan, And, Madam Speaker, I think that it f H.R. 3400, we address that. And we is fully appropriate that the gentleman REPUBLICANS CAN SOLVE HEALTH could solve this problem for a few bil- return to the floor and apologize to the CARE PROBLEMS lion dollars, not trillions of dollars like Members of this body. Mr. BURTON of Indiana. Let me say The SPEAKER pro tempore. Under a the Democrats talk about. as we end, Madam Speaker, we don’t previous order of the House, the gen- In their original bill—they talk want rationing for seniors, and we tleman from Indiana (Mr. BURTON) is about we’re waiting for people to die. don’t want $500 billion taken out of recognized for 5 minutes. In their bill, they had a phrase in there Medicare. Mr. BURTON of INDIANA. I can’t be- that said, or a paragraph that said you lieve what I just saw. I can’t believe it. should have regular meetings with f First of all, it’s totally wrong; and paraprofessionals to talk about end-of- ASSISTANCE TO LIBYA life planning. End-of-life planning. secondly, it’s making fun of a very im- The SPEAKER pro tempore. Under a That’s something that should be be- portant issue for the American people. previous order of the House, the gentle- tween an individual, their pastor, and We do have health care problems in woman from Florida (Ms. ROS- their family, and their doctor. this country, and we need to solve LEHTINEN) is recognized for 5 minutes. those problems, but coming down here Mr. DUNCAN. If the gentleman will Ms. ROS-LEHTINEN. Madam Speak- and making light of the issue by com- yield. er, I am here to speak on a different ing up with a lot of silly talk is just ri- Mr. BURTON of Indiana. I would be topic, on U.S. assistance to Libya and diculous. happy to yield to my friend from Ten- the need for U.N. and foreign aid re- The Republicans have a bill, H.R. nessee. form in our budgeting process. 3400, which deals with the problem in a Mr. DUNCAN. I want to speak very Madam Speaker, just as the con- way that does not get the government briefly to say that the Republicans victed extremist of Pan Am Flight 103 in between the patient and their doc- want—or that our health plan is to was being given a hero’s welcome in tor. My colleagues on the other side of hope that all of the people die quickly Libya and just prior to the Libyan the aisle want to come up with a gov- is—I have been here 21 years, and that leader’s own bizarre 93-minute diatribe ernment plan where the government is about the most mean-spirited, par- against all freedom-loving nations be- starts making all the rules and taking tisan statement that I’ve ever heard fore the U.N. General Assembly last a major place in between the patient made on the floor of this House. And I, week, the Congress was receiving a no- and their doctor. for one, don’t appreciate it at all, and tification from our State Department And, you know, I would like to say to that brings the debate on this impor- that it intended to provide $2.5 million my friends across the country, if they tant issue to about the lowest level of in economic support funds for Libya. happen to be watching, and my col- any debate I’ve heard since I have been That’s unbelievable. leagues—and I know I can’t do that. I here. The State Department plans also to can’t address anybody except my col- Mr. PRICE of Georgia. Will the gen- send 400,000 of those dollars to organi- leagues. But if I were talking to people tleman yield? zations run by members of the Qaddafi

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.070 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10046 CONGRESSIONAL RECORD — HOUSE September 29, 2009 family; $200,000 of this is to go to the Toward this end, Madam Speaker, I two public programs that under-reim- Qaddafi Development Foundation for have proposed two separate pieces of burse providers. In fact, for hospitaliza- assisting indigenous NGOs identify po- legislation: H.R. 1062, the Foreign As- tions, Medicaid, which is a Federal and tential for reform. Reform in Libya? sistance Partner Vetting Act, and H.R. State program, reimburses typically at You have got to be kidding. This foun- 557, the United Nation’s Transparency, 87 percent of actual cost for hos- dation is not a nongovernment organi- Accountability, and Reform Act, and I pitalizations. Medicare reimburses at zation. It has direct links to Libyan hope that we can get those bills heard 92 percent of actual cost. So if you go Government and is actually run by the forthwith. 5 percent higher than Medicare, if I’m son of Qaddafi. For those of who don’t Thank you very much, Madam doing the math right, it means that know Qaddafi’s second oldest son, he is Speaker. maybe the new public option would re- the one who personally escorted the f imburse maybe 93, 94 percent of actual man responsible for the tragedy of Pan cost, which means that you have got a The SPEAKER pro tempore. Under a Am Flight 103 from Scotland upon his 13 percent cost shift in Medicaid, a 7 previous order of the House, the gen- release back to Libya on his father’s percent cost shift in Medicare; and now tleman from South Carolina (Mr. ING- personal jet. if a public option comes to be, a 6 per- LIS) is recognized for 5 minutes. The foundation run by Qaddafi’s sec- cent or so cost shift there. The result is ond eldest son is the very group that (Mr. INGLIS addressed the House. that private payers have to pay 129 per- was used by the Libyan regime to His remarks will appear hereafter in cent of actual cost, on average, when channel funds to compensate American the Extensions of Remarks.) they go into the hospital. Now that’s a victims of Libyan-sponsored attacks, f problem because if it’s 129 percent of including victims of Pan Am Flight NO GOVERNMENT OPTION actual cost, it means that premiums go 103. State Department funding for this up. foundation may, in fact, serve as a (Mr. BURTON of Indiana asked and So the public option, far from solving backdoor replenishment of funds used was given permission to address the the problem of cost shift, actually is by Libya to compensate our victims of House for 1 minute and to revise and going to add to the problem of cost Libyan-sponsored attacks. extend his remarks.) shift by giving us a third Federal pro- Turning to a separate $200,000 slush Mr. BURTON of Indiana. Let me just gram that adds to the problem. So it’s fund proposed under the heading of say as an extension of what we were clear that this is not a solution, and ‘‘Inclusive Economic Law and Property discussing a few minutes ago, the other the $85 billion worth of savings is not a Rights: Promoting Women’s Economic body, the Senate today twice voted real savings. It’s a savings only if you Opportunities,’’ the State Department down in the Senate Finance Committee can go pull money out of the pocket of has indicated that the anticipated im- the government option because they anybody that walks into the hospital plementing partners will be the United know the American people, by a large with an insurance card in their pocket, Nations Development Programme and majority, does not want the govern- because again, they pay 129 percent of an organization run by Qaddafi’s ment interfering in health care and actual costs. daughter. Qaddafi’s daughter also sticking their nose in between a doctor So somehow what we have to do here serves as the UNDP’s goodwill ambas- and a patient. That was done in the in this health care reform business is sador to Libya, so she gets two oppor- U.S. Senate today. figure out how to stop that cost shift, tunities to directly benefit from U.S. And I would just like to say one more how to be accountable here at the Fed- Government programs in Libya at our thing—this won’t take a whole eral Government so that we’re not pay- taxpayers’ expense. minute—and that is seniors of this ing just 87 percent of actual cost for The role of the United Nation Devel- country, and I’ve talked to a lot of Medicaid patients, not just paying 92 opment Programme is very disturbing. them, they know that they’re going to percent of actual costs for Medicare pa- It has been the center of several major be taking between $500 and $600 billion tients, and certainly not creating a corruption scandals in recent years. It out of Medicare and Medicare Advan- third program that will under-reim- reportedly cannot account for millions tage over the next decade, which is burse hospitals. of American dollars that it received in going to cause the Medicare program So our challenge, the challenge be- Afghanistan. It also allegedly funneled to be in worse shape than it is already. fore us, is to figure out how to stop the hard currency to the North Korean re- And the program they’re talking about cost shift and how to be accountable gime while Kim Jong Il was consoli- is going to result in rationing. It is from here in Washington, from our dating his nuclear program. UNDP going to result in problems for seniors, State capitals, and surely not to create then retaliated against the whistle- and the seniors know it. a public option that just adds to the blower who uncovered this wrongdoing. I would just like to end by saying problem. So I ask you, was funding for the this to my Democrat colleagues: They f Qaddafi family and a notoriously unac- all vote. countable UNDP what Congress had in HONORING VICTOR ASHE f mind when it appropriated funds to The SPEAKER pro tempore. Under a support what they call promotion of b 1945 previous order of the House, the gen- democracy and human rights in Libya? HEALTH CARE REFORM tleman from Tennessee (Mr. DUNCAN) is Oh, my gosh. Absolutely not. recognized for 5 minutes. Unfortunately, the Libya aid pro- The SPEAKER pro tempore. Under a Mr. DUNCAN. Madam Speaker, I had gram presents just one more example previous order of the House, the gen- the privilege of going earlier today to of the need for broad, comprehensive tleman from South Carolina (Mr. ING- the flag ceremony at the State Depart- reform of the United States foreign as- LIS) is recognized for 5 minutes. ment for Victor Ashe who is retiring as sistance program. Our U.S. foreign as- Mr. INGLIS. Madam Speaker, the our ambassador to Poland. Victor Ashe sistance can go a long way in improv- gentleman just before me was speaking is a longtime friend of mine, and in ing people’s lives while promoting our about the public option. And I, like fact, we roomed together in San Fran- most cherished ideals of freedom and him, am happy that the Senate Fi- cisco where we were attending the 1964 human rights. However, when adminis- nance Committee has turned down the Republican National Convention. I was tered poorly where unaccounted for- public option. But I don’t think the between my junior and senior years in eign governments, international orga- snake is dead yet here on the House high school and at the time was an nizations and bureaucrats are the bene- floor because it seems that the Speaker honorary assistant sergeant at arms at ficiaries, then our foreign aid programs is working over the CBO numbers in the convention. I don’t suppose you can only serve to undermine our very own trying to persuade some folks there is get any lower than being an honorary interests. some $85 billion worth of savings if we assistant, but it got me in the door. It is time for us to get serious about just set the reimbursement rate at 5 And Victor that summer had just com- reforming our foreign aid system and percent above Medicare. pleted his first year at Yale, and I’m about effectively vetting our programs Well, let’s think that through. Here sure had a much more important posi- and partners. is what we’ve got. We’ve already got tion.

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.073 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10047 In the years since then, Victor Ashe Going ridiculously overboard on se- his brother. He worked as best he could has had one of the most distinguished curity causes two very serious prob- to achieve the goals that he set for our careers of anyone from our State. He lems. One, it sends an unfriendly mes- country while at the same time reach- was elected to the Tennessee State sage from our diplomats, who are sup- ing across the aisle to find partners House at the age of 21, the minimum posed to be trying to make friends; that he could work with in order to ac- age for service in that body. He began and, two, it has cost U.S. taxpayers complish those legislative goals. With- his service in the Tennessee State Sen- many unnecessary billions all over the out question, it was our great honor, as ate at the age of 30, also the minimum world. Ambassador Ashe wrote: ‘‘The the Massachusetts delegation, to work age required. He was the Republican design of many of these buildings quite with him for all of those years. nominee for the U.S. Senate and then often creates a fortress-like atmos- Let me, at this point, turn and recog- spent a year and a half as the executive phere, and the impression given to host nize the gentleman from Massachusetts director of the President’s Commission nations can be less than friendly, not (Mr. FRANK), and then we will go on Americans Outdoors. the warm, welcoming impression we through and recognize the other mem- In 1987, he was elected as mayor of should offer as Americans.’’ bers of our delegation and other Mem- Knoxville, eventually serving for 16 He complained that the State De- bers who have joined here to speak years and becoming the longest-serving partment is imposing security require- about the Senator. I recognize the gen- mayor in the city’s history. In that po- ments and design elements for all new tleman from Massachusetts. sition, he achieved national recogni- U.S. embassies, regardless of the threat Mr. FRANK of Massachusetts. tion by being named president of the posed in more peaceful nations. ‘‘Given Madam Speaker, the gentleman who U.S. Conference of Mayors. different security situations in vir- just recognized me, the dean of our del- Five years ago, President George W. tually every nation, wide flexibility in egation, has the distinction of having Bush named Victor Ashe as our Ambas- construction design and location is worked very closely with the late Sen- sador to Poland, where he served needed, as opposed to the one-size-fits- ator Kennedy for 33 years, for more longer than any other U.S. ambassador all approach,’’ Mr. Ashe said. ‘‘As such, than two-thirds of the Senator’s term. to that country. Political appointees different sites and designs can be And I know that Senator Kennedy usually become our very best ambas- adopted at less cost and with greater greatly valued his colleagueship, as all sadors, and that was certainly true in architectural warmth.’’ of us do who serve with him as the the case of Victor Ashe. He visited ap- I agree with Victor Ashe and con- dean, and his work now in a number of proximately 200 villages, towns and cit- gratulate him on his outstanding serv- the areas pays tribute. I do think it is ies in Poland, covering almost every ice to our country. important to note that the longer you nook and cranny of that country. He f worked with Senator Kennedy, the hosted receptions and parties for over HONORING THE LIFE AND WORKS more you came to admire what he did. 28,000 people and had 320 overnight I would have one difference with my guests at the ambassador’s residence. OF SENATOR EDWARD M. KEN- NEDY colleague with whom I rarely differ on Showing that he never forgot where he things. He said Senator Kennedy would The SPEAKER pro tempore. Under came from, most of his overnight be seen as one of the greatest Senators. the Speaker’s announced policy of Jan- guests were from the Knoxville area. I would say the best. And I know my I had the privilege of leading a con- uary 6, 2009, the gentleman from Mas- colleague is gracious and may have a gressional delegation of 11 Members to sachusetts (Mr. MARKEY) is recognized Senator or two he needs on the cap- Poland; and Ambassador Ashe and his for 60 minutes as the designee of the and-trade bill, so he doesn’t want to go wife, Joan, went far above and beyond majority leader. the call of duty in hosting us at that too far. But I think we would all agree. GENERAL LEAVE I was a fledging academic before I time. In addition, I had several Mem- Mr. MARKEY of Massachusetts. I ask went into politics. I was studying for a bers of Congress who had met him on unanimous consent that all Members Ph.D., and I then learned I had a per- other trips, and they always came back may have 5 legislative days to revise sonal characteristic which was a defect singing the praises of our great ambas- and extend their remarks and include in academics but absolutely essential sador. extraneous material on the subject of to serve in this body. I have a very I have met many U.S. ambassadors my Special Order. short attention span. And it works to and ambassadors from other countries The SPEAKER pro tempore. Is there during my time in Congress. I have objection to the request of the gen- my advantage here and to my dis- never met, heard of, or read about any- tleman from Massachusetts? advantage in serious scholarship. But one who has worked as hard or has There was no objection. from both ends, I don’t think there is spent as much time going around the Mr. MARKEY of Massachusetts. I say much question about his greatness as a country getting to know people from that while noting that Representative Senator. all walks of life. I want to commend NEAL from Massachusetts and Rep- Obviously, those of us in the delega- Victor Ashe for all his service to the resentative CAPUANO from Massachu- tion and our great colleague and civil people of Tennessee in the State house setts want to, at this point, insert their rights leader, the gentleman from and senate and as mayor of Knoxville. written statements in honor of Senator Georgia (Mr. LEWIS) who has worked But tonight I especially want to salute Kennedy, and that is why I made that with Senator Kennedy, goes back even him for his great service as the 24th unanimous consent request. But it is before any of the rest of us in terms of U.S. Ambassador to one of our strong- also for the purpose of any other Mem- colleagueship; but we obviously agreed est allies, the nation of Poland. ber seeking to be recognized to be able with his values, and that is a big part Having summed up his distinguished to insert their comments at this point. of it. But even those who didn’t, and career thus far, I also want to com- We rise to honor our friend and our this is what’s so striking and so needed mend him for continuing to advocate mentor, Senator Edward M. Kennedy, in our country today, many Members good things for our Nations. one of the greatest Senators in the his- of Congress who served with him who James Morrison, a friend of mine, tory of the United States. He will be on disagreed with him on most sub- writes the ‘‘Embassy Row’’ column for a very short list of the greatest who stantive issues, joined in the praise for the Washington Times. This past Fri- have ever lived and served our country. his integrity and his character and his day, most of his column was about the We tonight gather, noting that his son, dedication. farewell message Victor Ashe posted on PATRICK, serves with us here in the We are at a time now where politics the Web site of the U.S. embassy in Po- House of Representatives, and we ex- is held in low repute by a lot of young land. In that message, Ambassador tend our best to him and to his sister, people. I would hope that younger peo- Ashe criticized the construction of Kara, and to Teddy, Jr., as well as and ple in particular would think back to ‘‘fortress-like’’ American embassies especially to his beloved wife, Vicky, the deep, deep love for Senator Ken- throughout the world. He pointed out and to all of the other members of the nedy that was expressed by so many that these fortresses have been built Kennedy family. people across the political spectrum. even in countries where Americans face He was, without question, ‘‘an ideal- Think about the accomplishments to little danger of terrorist attacks. ist without illusions,’’ in the words of which so many people attribute; think

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.077 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10048 CONGRESSIONAL RECORD — HOUSE September 29, 2009 about the people who express the enor- anybody did a better job for people of But what many in this country are mous gratitude for the difference he all income, for the victims of discrimi- only beginning to discover is that for made in their lives. There could not be nation, whether it was based on race or Ted Kennedy, it was not about himself; a better example of how you can get sexual orientation, or gender, for the it was about others. He had his share of into this business of politics and do whole concept of what we think is the pain and tragedy in his own life, and I good. I would hope people would be en- genius of America; namely, that when dare say that that provided him with couraged by that. you’re born, you’re born with a chance an incredible capacity for empathy and Beyond that, there is one particular to maximize your potential, and the to understand others better than any- point that I want to stress. We have a economic circumstances or the preju- one I’ve ever met in public life. besetting sin today in our politics dice of others or anything else don’t So let me conclude by saying I miss where people think that you show your hold you back. you terribly, Teddy, but I know you’re depth of commitment to a cause by ri- This Nation is enormously indebted still with us. Sail on. gidity, not just by rigidity, but im- to Senator Edward Kennedy for the Mr. MARKEY of Massachusetts. I pugning the motives of those on your work that he did and for the example recognize the gentleman from Worces- side who try to get something done. that he set. And I thank my colleague, ter, a good friend of the Senator’s, JIM Compromise for its own sake is a very the dean of our delegation, for leading MCGOVERN. bad idea. People who talk about the this Special Order. Mr. MCGOVERN. Thank you and I ‘‘center’’ have to be clear what they Mr. MARKEY of Massachusetts. I thank my colleague for arranging this mean. The ‘‘center’’ is not a place of thank the gentleman very much, and I Special Order to honor an incredible value. It may be where you wind up. turn and recognize now a good friend of leader and an incredible friend, Ted But you wind up there as you try to the senator, BILL DELAHUNT from Quin- Kennedy. move the center. Yes, you want to try cy. You know, in the McGovern house- to be representative of a majority. Mr. DELAHUNT. Thank you. hold in Worcester, Massachusetts, the Those who have as a goal finding the I just want to pick up on a theme Kennedy name has always been magic. precise middle are giving up their own that Barney touched on. You know, Our family admired and respected moral and intellectual capacity. Ted Kennedy might have had adver- President Kennedy. We all supported What Senator Kennedy did was to saries but they were never his enemies. him, were committed to Robert Ken- start firmly from a set of moral prin- He treated everyone with respect and nedy and the causes that he stood for, with dignity and that character, that ciples and then work to get them ac- and we always felt it a very special DNA, if you will, was the proximate complished the best that he could. And privilege to be represented in Massa- cause of his success as a Senator who that is, unfortunately, a practice that chusetts by Ted Kennedy. You know, championed all of the great causes in today isn’t as appreciated as it should all of us, especially the Massachusetts the past 50 years. be. Purity is a wonderful state, I am delegation, already miss Senator Ken- told. I do not say that from experience. You know, Tip O’Neill said that all politics is local. Well, with Ted it was nedy. We miss his humor, we miss his But it doesn’t make anybody any bet- friendship, his advice, his leadership. ter off. personal. It was based upon those per- sonal relationships. I’m sure that there I tell my colleagues from outside of No one was more firmly committed Massachusetts that I’m proud to call to the ideals of fairness and equity are literally thousands that considered Ted Kennedy a dear and close personal myself a Ted Kennedy Democrat, and a than Edward M. Kennedy, and he un- Ted Kennedy Democrat is somebody derstood that the more firmly com- friend. I know I did. who’s a believer in dynamic and effi- mitted he was to them, the more he I had the fun of being Ted Kennedy’s cient, bold and effective government, was morally obligated to make some Congressman, and as you all know here somebody who believes it is important progress on them. from Massachusetts, we had our own I realize ideals help nobody, and I say schtick. It was a great banter. And he to stand up for human rights and for that because he was at the same time would leave me messages on occasion civil rights, and Senator Kennedy did one of the premier idealists of our on my cell phone at night, reminding so with incredible integrity and with time. No one better or more consist- me that the grass hadn’t been cut and incredible character. ently articulated the goal of a society that the snow hadn’t been shoveled out You know, I believe as has been said in which no one suffered unfairly, in in Hyannis Port. here that he is the greatest legislator which all were treated with dignity and I sailed with Ted Kennedy frequently; in the history of the United States had a certain minimum, at least, of our colleague and his son, Patrick; his Senate. substance. But while he was pre- oldest son, Teddy, junior; and a sister, On health care, I mean every major eminent as a preacher of that set of Kara; and his devoted wife and piece of health care legislation that moral virtues, he was also preeminent soulmate, Vicki Kennedy. He was an has been enacted into law has Ted Ken- as a hands-on politician who could exceptional friend. I miss him terribly. nedy’s fingerprints all over it. There work with others within the demo- But I know that my experience with are millions of children in America cratic process with other people elect- him was multiplied by the thousands. today who have health care because of ed who might have disagreed with him, He had a way of communicating with Ted Kennedy. And education: Every major edu- and because of him, more of his goals people that was unique. You could re- cation bill to expand educational op- were accomplished than were accom- veal to him your concerns. You could portunities for people of every back- plished by anybody else. No one did share with him your secrets, and you ground is a result of Ted Kennedy’s more to advance those causes which he could always be assured that the advice leadership. exemplified. that you received was sound, and it was But he never got all he wanted. And in your best interests. In the area of workers rights, a I hope that is also an example; and the You know, we’re saddened by his strong champion of organized labor, example is that, sure, you do not be- death, those of us who have served with somebody who promoted and enacted long in politics unless you have a set of him, those of us who considered him a major legislation that protected work- ideals. You don’t have any business dear and close friend. But I guess for ers and workers rights. trying to gain influence over others un- me the gift of that friendship was In the area of civil rights, you’re less it’s to make this world a better something that was so special that it going to hear from our colleague from place. overwhelms the sadness that we all Georgia, JOHN LEWIS, a hero in the share and that so many share. civil rights movement who will talk to b 2000 We were indeed fortunate not just to you about the fact that Ted Kennedy But once you have those ideals, your serve with probably the most prolific was the leader in the area of civil obligation is not simply to treat them Senator that ever served in the United rights in the United States Senate. in a way that makes you feel good; it States Congress—2,500 bills. I’m not And on the Iraq War, I have a special is to get them accomplished. going to touch on his public record, but admiration and respect for his courage, I do not think in American history we know that his record speaks for for the stand he took against that war, over the time of his Senate career that itself. when it was not popular to do so, but

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The gains best staff you could possibly imagine. friend of the Senator’s, JOHN OLVER. that Congress will eventually pass will When somebody lost their Social Secu- Mr. OLVER. I thank the gentleman also be a part of his legacy. rity check, they called Ted Kennedy in for yielding to me. I was still making Back in my part of Massachusetts, his office. When a veteran needed help, changes in what I was intending to say, Senator Kennedy was always a good they called Ted Kennedy. When a local and usually I do that all the time. friend to the First Congressional Dis- official needed funding for a local col- I rise tonight to remember and honor trict. In recent years he championed lege or hospital or road project, they the life and the life’s work of a dear the development of the University of called Ted Kennedy’s office. All phone friend, Senator Ted Kennedy. There are Massachusetts’ Pioneer Valley Life calls were returned, whether it was few Americans alive today whose lives Sciences Institute and helped to sup- from the Queen of England or Mrs. are not affected in some way by Sen- port Holyoke Hospital, a critical O’Leary who lived in a three-decker in ator Kennedy’s vast body of legislative health services provider in the Con- Worcester. achievements. He’s credited with hun- necticut Valley. He was ever willing to But more than that, I appreciate dreds of laws enacted over his 47-year exercise his seniority in the Senate very much his personal touch. I was Senate career, and many of those laws when Massachusetts companies needed grateful for that personal touch, you make up fundamental tenets of the so- it, and when campaign season came know, the notes and the calls. When cial contract that is our modern soci- around, no one could bring out and mo- somebody was sick in your family, you ety. tivate as many workers as Senator got a phone call. When you got a spe- One of the best examples of Senator Kennedy. His stump speeches in remote cial recognition or if you won an elec- Kennedy’s impact on society can be corners of Massachusetts, for State or tion, you got a note. If something great seen in his groundbreaking Americans local candidates, were always an ora- happened to you, you know, he was the with Disabilities Act, which opened the torical treat for those lucky enough to first to call. door to jobs, housing, transportation, hear them. When my son, Patrick, was born, the communications, and a better life for To me personally, Senator Kennedy very first call we received was from millions of citizens. It also fundamen- was an inspiring and thoughtful friend. Ted Kennedy, even before my mother tally changed the way people viewed I could always count on an immediate and father called the hospital. The very others who live with disabilities. and passionate response to whatever first gift that we received was from Ted Providing opportunity was a great was on his mind and on my mind, and Kennedy, a blanket that had my son’s theme of Senator Kennedy’s work, as his attentive friendship came with a name stitched into the blanket with evidenced by his contributions to warm smile, a sense of humor and a the words, Love, Vicki and Ted. And strengthening public education. caring heart. Senator Kennedy’s the same thing happened when my Throughout his career, he fought for breadth and depth of leadership was daughter was born a couple of years better teachers, better schools, more unmatched in the Congress. He was a tireless worker for his constituents and later. Those are things that I will funding, and better methods to en- never forget and always treasure. all humanity, and I am honored to hance learning for America’s children. You know, when he died, I said that have known him and served with him. For wage-earning Americans, Ted nobody can ever fill his shoes, but we Mr. MARKEY of Massachusetts. We Kennedy will perhaps be best remem- must try to follow in his footsteps, and thank the gentleman so much for his bered for his refusal to accept min- I really believe that. words. Next we recognize another great imum wage levels as they fell further You know, one of the things that friend of the Senator, JOHN TIERNEY, Senator Kennedy said was that the and further behind in their purchasing from the State of Massachusetts. great unfinished goal of his life was power. When others balked or faltered Mr. TIERNEY. I thank the gen- health care. He believed that everyone on the issue, Senator Kennedy had a tleman for recognizing me and want to in this country deserves health care. knack for pushing through a deal to acknowledge before we start, PATRICK, He thought it was a national scandal get everything he could for workers as I know you’re going to speak later, but that tens of millions of Americans are soon as it could be achieved. I hope that this is somewhat fulfilling without health care. He believed that On the international front, when the for you. It can never replace the loss of we could provide better health care to great debate over America’s waging a your dad, but hopefully it will at least people, that we could put a greater em- preemptive war arose at the outset of let you know how much the people that phasis on preventative care to prevent this decade, Senator Kennedy used his served with him had the honor and people from getting sick. He believed stature and status as a national pleasure of doing that, loved doing it we could come up with a health care newsmaker to oppose the President and and appreciated him every day. And system that would control costs so the Congress’ transgressions, as he saw my colleague, BILL DELAHUNT, was that families and small businesses them, with the use of America’s mili- more than just the Congressman for wouldn’t go broke trying to provide tary power. the Senator, so I extend my sym- health care for their families or for There are many other important ac- pathies to you as well; you were a their workers. complishments one could list, but the friend, probably even closer than most And so while he is no longer with us, issue Senator Kennedy himself labeled of us were because you were there so we need to continue his work. He was as the cause of his life, health care, often and spent so much time with the conscience of our country, and I be- probably stands out as his greatest him. And so I express those condo- lieve that we need to continue to be in- area of achievement. lences to you. But it’s a loss to all of spired by his example. We need to con- Senator Kennedy extended COBRA us. The Dean of the delegation, ED tinue to stand up for what’s right. We coverage for workers in between jobs MARKEY, of course, served many, many need to continue to fight for what’s and eliminated preexisting condition years with the Senator. I looked at a right. restrictions for workers in group insur- little factoid the other day that indi- And I will say as my colleagues have ance plans. He fought for and won un- cated that Senator Kennedy was born said, I feel it has been a special privi- common allies in his crusade to pro- on the 200th anniversary of George lege and an honor for me to be part of vide health coverage for all children, Washington’s birthday. I thought if this delegation that for so many years which he considered a moral obliga- that’s accurate, and I assume that it is, was led by Senator Kennedy, a great tion. He created the Family and Med- how interesting it was, because nobody leader and a great friend. And the ical Leave Act and the Ryan White appreciated history more than Senator world is going to miss him. And I al- CARE Act for Americans living with Kennedy and nobody appreciated his ready do. HIV and AIDS. role in history more than that.

VerDate Nov 24 2008 06:01 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.079 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10050 CONGRESSIONAL RECORD — HOUSE September 29, 2009 I can remember ED MARKEY at one see the lighter side of things and to see nedy was described as one of the two point, at a function introducing Sen- the better part of humanity. In even most significant United States Sen- ator Kennedy as one of the best United people who were his political oppo- ators in that institution’s history, the States Senators, only to be corrected nents, he saw a good part, and he was other being Webster, that his response by the Senator saying, One of the best? able to draw out of them a response was, Well, what did Webster do? The best. And while he was joking, I that made them accept him and others Mr. MARKEY. I thank the gen- think he turned out to be absolutely and work on issues together. tleman. right on that because he certainly has I can remember being with the Sen- No place played a more important a record that you have heard from ator when we would go out, particu- role in the history of Massachusetts JOHN OLVER and others here that is larly to senior citizen places where he Irish politics than South Boston, the just phenomenal. JIMMY MCGOVERN ex- just couldn’t resist singing a song, par- home of the next friend of Senator pressed it as well. ticularly Irish song, couldn’t resist get- Kennedy, STEVE LYNCH from South I won’t start to enumerate all of the ting out and dancing if there was a Boston, Massachusetts. things that the Senator did. We’d be ballroom dance going on. And, of Mr. LYNCH. Mr. Speaker, I thank my here for far too long. And I think, after course, I guess I must take myself too friend, Mr. MARKEY, the dean of the hearing my colleagues, most people fi- seriously, or just know how bad a sing- New England delegation, for reserving nally start to appreciate that wherever er or bad a dancer I am. I was always this time in order for us to pay a spe- you were in life, you benefited from looking for the door, and he would cial tribute to our friend and colleague, him; whether you were cleaning hotel never let that happen. He’d be the first Senator Ted Kennedy. If you have been rooms or doing some other job that was one to force you on the floor, make a watching tonight, you will notice that difficult like that, you benefited from fool of yourself, but have some fun and the Members with the most seniority the minimum wage, health care, edu- go on that. That’s the humanity of the have been given the privilege to speak cation, all the things that we care man; that he loved everybody, he loved first, which is the way it works down about. And frankly, when we are all having a good time with them, could here. The longer you are here, the more looking to try and have the honor of get them to go along with him; and you appreciate that. However, I am one serving here, listening to people in our then when it was time to get serious, of the more junior members of the del- constituencies, they’re talking about he could do that in a heartbeat. He egation, and unlike some of the fellows those things that matter to them, the could make the case. He had great ora- that have been around here forever, bread and butter issues, whether or not torical skills that carried the day over like Mr. MARKEY and Mr. FRANK and they’re going to have a job, whether or and over again. And he truly is a giant. Mr. DELAHUNT, I had a relatively short not it pays well, whether or not they’re I know that the story of his life is just time, 8 years, to spend working with going to be able to keep their family jumping off the shelves right now be- Ted Kennedy. And I cherish every one healthy; whether or not they’re going cause people are starting to remember of those years. But in addition to work- to be able to give their children oppor- all that he did. ing with Ted, as a colleague—and Ted tunity. This great Senator epitomized Sometimes in the hustle and bustle could, he could get it done. He could all of that. of political jargon, people making at- get it done. And I was always amazed One thing that I don’t think has been tacks and going back and forth, people at that. mentioned so far that I just want to hit forget that when you separate all that But I also had a different perspective on is the fact that the Senator used to out, whether you are a conservative, or of Ted Kennedy. I saw him in action be- tell a story about being lectured by his whether you are a liberal, whatever fore I came to this House. I grew up in father when he turned 21 or so about your political opinion, there are things the public housing projects in South the fact that he was going to be the re- in your life that you have that you’re Boston, the Old Colony housing cipient of some resources that other grateful for that are a result of the projects. And I can tell you that people didn’t have the benefit of; he work of Senator Kennedy. I think whether you lived in the housing could choose to be idle and do nothing that’s the bottom line in all of this is projects in Old Colony in Southie or with his time, or he could choose to be that this Senator was a great Senator Bromley-Heath or Mission Main or of service to others and to mankind. for America. He was a great friend to Franklin Field, if you grew up, if your We all know which route he took. But all of us. He was a great father and family struggled to make ends meet in that remains an inspiring story to all brother for people in Massachusetts. public housing, no one in public hous- people even to today. We sorely, sorely miss him. But none of ing had a better champion, a more val- And during the course of this sum- us regret at all having had the oppor- iant and noble champion than Ted Ken- mer when the President had his Service tunity to know him and to serve with nedy. And that’s really the first per- to America campaign going on, many him. spective that I had of Ted Kennedy as of us had the opportunity to go and Mr. MARKEY of Massachusetts. I someone who was working for our ben- visit a lot of organizations that had thank the gentleman very much. And efit as a family growing up in public volunteers in, and when you would re- the gentleman is so right. I could call housing and in pretty tough cir- mind them of that story and tell them Senator Kennedy one of the greatest cumstances. He was there for us. about the Edward M. Kennedy Serve Senators in history, I could call him I also had a perspective of working as America Act that was signed into law one of a small handful of the greatest an iron worker for 18 years, strapping earlier in the year by President Obama Senators in history. But that would be on a pair of work boots, becoming a and now their role in stepping into his inaccurate. That just wouldn’t capture union president for the iron workers. I belief of service and doing something not only how history will record him, can say from that perspective as well, for their fellow citizens, doing some- but how he wants to be recorded by his- whether you were an iron worker, like thing for America and no matter how tory. And there will be an accurate re- I was, working in the building trades small or large, no matter where it was, flection of that, I think, as people, as with a lot of my union brothers and sis- you could see the inspiration that they the gentleman pointed out, continue to ters, or whether you worked on a fac- got from the Senator, from his life, focus upon his life. tory floor, or maybe you were a nurse from his acts, and from the fact that Before I turn to the gentleman from going out every day working double this law had passed because he moti- South Boston, let me go back the gen- shifts and overtime, or you were a po- vated people to pass it and get it tleman from Quincy, Mr. DELAHUNT. liceman or a fireman, no working per- through. This will remain as one of his Mr. DELAHUNT. If the gentleman son in this country had a more gallant great legacies, the fact that he spent would yield for a moment before our champion to protect their rights and his life serving others, that he was self- friend, STEVE LYNCH, makes his re- protect the conditions on the job than less in that regard, and that while he marks, this conversation, the colloquy we had in Ted Kennedy. And the out- was serious about the business that he between yourself and JOHN TIERNEY, re- pouring of love that we saw during the did, he was also never taking himself minds me of an anecdote. I wasn’t memorial service and the wake and the too seriously, and always willing to present and maybe PATRICK could at- funeral and even during Ted’s illness, it make people feel comfortable and to test to its validity. But when Ted Ken- reflected that collective experience of

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.081 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10051 not only the people of Massachusetts and is it going to positively affect the I remember, again, Ted in 1978, when but of New England and the United people that we leave behind. he supported Paul against an incum- States. And it was something to see. By any measure, by any test, Ted has bent United States Senator, somebody My mom raised us in public housing, passed that test with flying colors. He who was his colleague, a Republican, as and when the motorcade came along has left the power of his example for all he did so often; kept his word, sup- Carson Beach in the shadow of the of us to try to follow. ported his colleagues, whether they housing project where we grew up, my I want to thank you, the dean of our were seeking the Presidency, as they in mom insisted that I help her down delegation, ED MARKEY, for the oppor- turn supported him. there—she’s not as young as she used tunity to share my thoughts. My pray- Well, I haven’t had the opportunity to be, but I helped her down there and ers and the prayers of my family go out to serve, unfortunately, with Ted as just to give respect to the Kennedy to the Kennedy family. long as others here. I do have a couple family and to Ted during that last Mr. MARKEY of Massachusetts. We of remembrances from the past several journey, last part of his journey. There thank the gentleman so much for his years. One was when he did agree to is a saying from the iron workers, espe- words. come and campaign for me, again, in cially in the steel mills, that the In 1974, Paul Tsongas from Lowell Haverhill and Lawrence, Massachu- strongest steel comes through the hot- was elected to the United States Con- setts, the cities of the Fifth District of test fire. And really, when you looked gress. Today, these many, many years Massachusetts. at Ted’s life and saw what he accom- later, NIKI TSONGAS serves here in the This time, though, he came with a plished and the challenges that he had; Congress. So the Tsongas and the Ken- van. He brought Sonny and Slash, the his brother, President of the United nedy story goes back many years. dogs. Barbara Souliotis, who was with States, taken in violence; his brother, I’d like to recognize the gentlelady him in 1974, was there at his side yet the Attorney General, candidate for from Lowell, NIKI TSONGAS. again, along with Vicki. We started out the presidency, taken from us in the Ms. TSONGAS. I’d like to thank the in Haverhill. We went to an old diner same way; the huge challenges to Ted. dean of our delegation for hosting this that was owned by a Greek American They were unthinkable, unimaginable, Special Order so we can remember our family. Barbara’s mother brought pas- yet he worked through it, and not only most remarkable Senator. tries that she cooked. Ted sat there did he overcome that, but he also As I was thinking about how best to with a little demitasse of coffee, ate reached out to other people and shared talk about him—and we’ve heard some the pastries, and thoroughly enjoyed a strength that he gathered from those wonderful remembrances this the morning. experiences. evening—I was looking back to the Then we traveled on to a small I’ll never forget—this is my only Ted early sixties when I was, like so many school where we were going to read. It Kennedy story that I’ll relate tonight, of us, a student in high school, a begin- was an early reading program, a very, but I was a freshman, actually, I was ning student in high school—I hate to very good one; one that I think is a very early in my career as a State Rep- give away our age—but the inspira- real model going forward. And Ted, resentative, and we had six of our tional figures of the Kennedy family, in this remarkable Senator who has met brave fire fighters killed in a terrible particular, President John F. Kennedy. with every imaginable world leader, sat fire in Worcester, Massachusetts. We My husband, Paul, used to say that and sang Itsy Bitsy Spider to the 2- all went to the Worcester Centrum for he was inspired by that Presidency to year-olds and 3-year-olds that were in that ceremony. The families were there seek public office. But he had grown up the room with him. He had a remark- and every seat was taken and every bit in what he called a ‘‘disadvantaged able ability to connect with all of hu- of space on the floor was taken. The household.’’ His parents were Repub- manity. place was filled to the rafters. And licans. And it was the Presidency of My last conversation with him was that’s where I was sitting, far above John Kennedy who inspired him and so around a point of legislation that we the floor. But I’ll remember Ted’s re- many either to become a Democrat or both jointly sponsored to protect a marks. Here are six families that just to seek out public office, little know- farm called Barrett’s Farm. We’ve lost their loved ones. And Ted Ken- ing that some years later we would be learned to know what a lover of history nedy, you know, you could have heard serving with the man we remember to- he is. But I represent two parks: The a pin drop in that Centrum that day. night. Minute Man National Historical Park My first recollection, though, of Sen- and the Lowell National Historical 2030 b ator Kennedy is in 1974, when Paul was Park. He basically said to the family—I’ll a candidate for the seat that I now Barrett’s Farm is a farm that played never forget his words. He said, From hold. Senator Kennedy agreed to come a very important role in the beginnings my own experience, I have found that to Lawrence, Massachusetts, to cam- of the American Revolution. It was a every once in a while life breaks your paign for Paul, who was part of the farm that housed munitions that the heart. And even though there were great Watergate class in which there Minutemen were going to use. And the thousands and thousands and thou- were many, many Democrats running British, learning of the new munitions, sands of people in that Centrum that across this country. Paul was running decided to march on Lexington and day, in reality, it was just Ted and it against an incumbent Republican. Concord, prompting Paul Revere’s ride was just those six families, and he was Senator Kennedy came to Lawrence, to warn that the British were coming. helping them through that. And that’s Massachusetts, to St. Mary’s Church. The Minutemen got to Barrett’s a gift. He was accompanied by Barbara Farm, hid the munitions, so by the We all go to wakes and funerals and Souliotis, who many, many years later time the British arrived, the munitions try to help families through tough still serves as his State director. At the were safely set aside where they could times, but I never saw anybody carry it time, I think she was an advance per- be used as we advanced our Revolu- off with the grace and the profound em- son, whom I remember her utter pro- tionary War effort, but the shot was pathy and love that Ted was able to ac- fessionalism in keeping Ted on track. heard round the world that changed complish. We’ve heard tonight what a great the history of this country. I just want to say that I’m delighted speaker he was, how he could really So we worked hard. My former Con- that we had an opportunity tonight to connect with the crowd. And so he did gressman, Marty Meehan, had initially say our thoughts and to share our con- that evening. While Ted was speaking, filed the legislation. I followed up on cerns for Ted’s family, PATRICK and the Paul looked at me like, ‘‘Now what on that, working with Senator Kennedy. entire family. We know what they’re Earth do I do?’’ because he knew he The bill finally was signed into law. going through. could never compare with Ted Ken- This April, I was sitting in my office I think the test of all of us who are nedy. And he didn’t even try. But you and got a call. It was Senator Kennedy born on this Earth, the true test of our could see then how fundamentally Ted on the line, and I picked it up and he time, however short it is on this Earth, connected with people, because they said, NIKI, isn’t it grand? He could cele- is whether the work we do while we’re trusted him and they knew that he was brate that small legislative act that on this Earth is going to live after us working on their behalf. protected such important history with

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.082 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10052 CONGRESSIONAL RECORD — HOUSE September 29, 2009 the same joy and commitment that he this Nation’s history, Senator Kennedy honor. For each of us, there are too did the grandest of efforts. had the capacity, had the ability to many stories to retell. Senator Kennedy’s legislation has gather his strength and lead us toward But for me, it all begins with Ted shaped American lives in ways we can- a more hopeful future. Kennedy running for the Senate; and not even know. Every day our lives are As a Nation and as a people, he en- from that moment on, whenever he different for all that he did. And we are couraged us to build upon the inspira- spoke about the war in Vietnam or so fortunate to have had his service, to tional leadership of his two brothers health care or energy or injustice to have the great legacy of the Kennedy and use it to leave a legacy of social any person, no matter where they are family, and to be serving today with transformation that has left its mark in the world, I listened. And not only Representative PATRICK KENNEDY, who on history. did I listen, but tens of millions of continues that legacy as well. I would say tonight, Mr. Speaker, other people listened as well because We will miss him. We will miss him and to members of the Massachusetts he took us on a journey, a journey to forever. But we will always remember delegation and to PATRICK and to other issues and people that we did not know him in the large acts and small members of the Kennedy family, Sen- of but he wanted us to know about and kindnesses of his life. ator Kennedy was so thoughtful and so to respond to. Mr. MARKEY of Massachusetts. We considerate. He was one of the most That was really his greatness, that thank the gentlelady so much for those sharing, caring, giving human beings when he spoke, he was true north. He words. that I have ever met. was someone who you knew that he Now we turn to—and a number of During July 2006, when the Senate was speaking from his heart and speak- Members have alluded to him—the was about to reauthorize the Voting ing for issues that really only he had great civil rights leader who knew the Rights Act, he invited me over to the the capacity to draw the attention to, Kennedys in the sixties and now serves other side of the Capitol to be his guest and he used his power to do so. He used here in the House of Representatives, on the Senate floor. When the last vote the special gift that he had been given Congressman JOHN LEWIS from the had been tallied, he gave me a copy of to accomplish those goals. State of Georgia. the tally sheet. Then he suggested that I remember at the Democratic Con- Mr. LEWIS of Georgia. Mr. Speaker, we walk out into an adjoining room, vention in 1980, Senator Kennedy had I want to thank my colleague ED MAR- and he showed me the desk where asked me and Henry Royce over here, KEY and members of the Massachusetts President Lyndon Johnson had signed who was chairman of the Banking delegation for holding this Special the original act on August 6, 1965. Committee, to introduce his energy Order in honor of Senator Kennedy. I He had a photographer to take a pic- bill which would be the counter to the rise today just to say thanks to Sen- ture of the two of us standing near that incumbent President’s energy bill. It ator Kennedy and to the Kennedy fam- desk. A few days later, I received the called for solar and wind and conserva- ily. most beautiful copy of that picture tion and higher fuel economy standards During the sixties, I had an oppor- with an inscription from Senator Ken- and a different direction for our coun- tunity to meet President Kennedy, in nedy. It is hanging on the wall in my try. Although his candidacy failed and June of 1963, when I was only 23 years home in Atlanta. I will always cherish energy was the big issue at that time, old, and then to see him at the end of it as long as I live. I got a call to come up to his room the March on Washington when he in- I remember in 1977, Senator Kennedy right after he gave that great ‘‘The vited us back down to the White House. came to Atlanta and we hosted a little dream shall never die’’ speech. He was I got to know Robert Kennedy, the At- reception for him at my home. He met up in his room with his family—PAT- torney General, meeting with him in a few of our friends: my wife, Lillian, RICK was there and others. his office and campaigning with him in and our son, John Miles. He spent so In that room, there was not a de- Indiana, Oregon, and California. much time playing and talking with feated man. There was someone who I have known Senator Ted Kennedy my young son, who was not quite a had been a great victor. There was for a long time. He was a very special year old. someone who had brought all of these man, a very special friend. I remember Senator Kennedy had a heart full of issues to the American people. In 1983, long before I came to Washington as a grace and a soul generated by love that as Ronald Reagan had pulled out of all Member of Congress on an occasion we never forgot the spark of divinity that arms control negotiations with the So- needed him to speak at a fundraiser for runs through us all, no matter whether viet Union—the first time in a genera- nonpartisan voter registration efforts you were his closest friend or his fierc- tion—he called me, and he said, EDDY, in the South. He answered our call est adversary. you know what I would like to do, I without hesitation. He spent time A brilliant light has gone out that would like to work with you on a nu- among us, honoring not just men and uplifted not just America, but the en- clear freeze resolution to end all pro- women of means, but everyday people tire world community. During his life, duction of new nuclear weapons in the and their little children. Senator Kennedy touched so many of world. And he said, You know what Senator Kennedy, this extraordinary us with his brilliant light. He touched would be a good idea, why don’t we man, was an elegant man who walked more than Members of Congress, but have it at American University, where with kings, but never lost the common also ordinary people. He touched our my brother gave his speech to end all touch. As a colleague, he was generous President and the leaders of tomorrow. atmospheric nuclear testing? and committed. He was our leader, our The spark of light that he gave to Then one month later, there was an champion, our shepherd. He took up each one of us still burns brightly, and attention brought to this issue that the causes of those who were weak and it is our duty, our obligation to con- changed that whole issue, and 3 months tried to make them strong. He stood tinue his legacy and pass that light on later, 1 million people were in Central tall and spoke with passion for all of to unborn generations. Park calling for an end to the nuclear those who have been left out and left Senator Kennedy will be deeply arms race. On every single issue he behind; the people who had no voice in missed but not forgotten, and his leg- talked about in his entire life, it America. acy will live on in all of us. He was a changed the whole dynamic of that Ted Kennedy never lost hope. He de- wonderful friend. He was a wonderful issue because Ted Kennedy stood up manded justice for people of color when friend, a wonderful colleague. He was and spoke to it. He inspired me; and he it came to civil rights and voting like a brother. inspired, I think, millions of people rights, and he also took a stand for across the planet to change the course seniors and for those with a different b 2045 of their lives. sexual orientation and for the disabled. Mr. MARKEY of Massachusetts. We So it has been a great honor for me Senator Kennedy was a man who thank the gentleman so much for his and for all of the rest of our delegation lived his faith and tried to act on it great words. For me, I had the honor of to be able to work with him. It is an es- every single day by doing good to help serving for 33 years out of the 47 that pecially great honor to have as our the least among us. At some of the Ted Kennedy served in Congress, here concluding speaker this evening, his most tragic and difficult moments in as his colleague. It was my great son. His son, who is our colleague here

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.083 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10053 in the House of Representatives, who in REMEMBERING SENATOR of divinity in us, and we all ought to and of himself is a great United States KENNEDY treat each other with the same respect Congressman and who continues the The SPEAKER pro tempore. Under a that we would want to be treated with Kennedy tradition of fighting for those previous order of the House, the gen- ourselves. The golden rule, so to speak. causes that other people do not want to tleman from Massachusetts (Mr. That’s why it didn’t matter what the fight for and to bring the attention to DELAHUNT) is recognized for 5 minutes. issue was. He believed in fairness for those who are most in need of help in Mr. DELAHUNT. I yield the time to everybody because he would want his our country and in our world. my friend and colleague. family to be treated the same way he would want every other family to be It is my great honor to recognize the Mr. KENNEDY. Thank you. I just treated. But there for the grace of God, great Congressman from the State of will conclude now because I know my friends and colleagues have their time he was lucky enough to come from a Rhode Island, PATRICK KENNEDY. to speak. family that didn’t have to worry about Mr. KENNEDY. I want to thank my I would like to say to each and every paying for health care, education, good friend and colleague ED MARKEY one of the folks who spoke tonight, housing or a pension to retire. He just for organizing this Special Order and thank you for being here tonight to knew that if he had come from a dif- all of my colleagues for the wonderful pay tribute to my father. To the folks ferent family, he would hope that he tribute that they’ve given my dad to- on both sides of the aisle that have wouldn’t have to worry about the basic night. I will just say that he loved peo- been so generous to me, it’s a great necessities of life that too many Amer- ple in public life because they were thing, being part of this House, to have icans have to worry about. willing to go out and face the elements colleagues treat you as one of their And I respect that about him because and weather the scorn of public opinion own, as a part of a collegial family of through the power of example he in order to stand up for what they be- sorts, in a professional way but also in showed me that you could be a person lieved in. That’s why he really admired a personal way. of conscience and really try to work to political figures, and especially in a The thing he loved so much about make the lives of those who didn’t have time where political figures aren’t very serving over in the Senate was the it as well off as you better through the revered. They’re pretty much down at great friendships he developed there. I work that you did in public life. the bottom of the public opinion polls can tell you, having been through what Through that, I think he showed him- in terms of most professions. I have been through in the last couple self as a patriot in more than one way. of weeks, I can appreciate personally But he knew what a difference it He not only wore the uniform of this what a difference it’s made to have the meant to have people of good faith and country in the Army, but he wore the friends that I’ve had in this Chamber conviction be involved in the political uniform in the sense that he fought in be so supportive of me through this process because he knew what a dif- the Senate to advance the lives of peo- time. I want to thank all of my col- ference it made in terms of getting ple in this country through the policy leagues for their outpouring of support work that he did as a United States good policy done for the American peo- and affection from both sides of the Senator. ple. He knew how easy it would be for aisle. It is in times like these where So, again, let me thank all my col- most people to sit back and make criti- you really get to appreciate the fact leagues for their great tributes. I look cisms from the sidelines, but it took a that you work in a place where every- forward to paying him the biggest trib- really special person to put themselves body appreciates and respects one an- ute that we could pay, and that is to out and really sacrifice a big part of other. make sure that the promise of health their lives because it takes enormous I think that is the thing my father care for all is a promise that we ulti- sacrifice of their private lives to be in would want most for our country right mately achieve in this session. the public life, especially today. now, for people from very divergent Mr. DELAHUNT. Thank you for shar- So he always really got so much en- points of view to respect one another ing that with us, PATRICK. Thank you ergy out of the people that he served and respect this country, which was for your service, and know that we love with. They were the ones that sus- founded on an appreciation for dif- you. tained him so much because he felt ference of opinion. The reason why he Speaking of reaching across the aisle, like he was part of a team effort. There had worked so well across the aisle on I’m going to expose him as someone is nothing that he loved more than so many occasions on important issues who had great love and affection for being part of a team, whether it was was because he understood that this Ted Kennedy, your dad, and a wonder- playing sports or whether it was just country can’t move forward unless peo- ful guy for whom Senator Kennedy had being part of a family team, being part ple work together in good faith. the highest respect, even though they of a family. That was his politics. His I think the thing that he found most agreed on very little. That’s the senior politics was simple. It was being part distressing at any point in American Republican on the House Judiciary of a group and making sure that no- history was when the country would Committee, LAMAR SMITH. body in the group was left behind. I stray from its foundation of believing Mr. SMITH of Texas. I thank my think it’s a great kind of a spirit that that we could resolve our difficult friend from Massachusetts, Congress- he brought to his politics. It was a fam- problems through dialogue, because I man DELAHUNT, for yielding. I also ily spirit that I saw over and over think he knew personally, better than want to thank my colleagues on both again in every issue that he faced. He any other person in American history, sides of the aisle for their forbearance wanted to treat everybody else the way what happens when people don’t re- tonight in not strictly enforcing the he expected to be treated if he were a solve their problems peacefully and, in- time limits. member of a family, and I was in- stead, resort to violence. I think that The SPEAKER pro tempore. The cluded. my dad is one of those people who be- time of the gentleman has expired. lieved in the democratic process. And He was brought up to believe that ev- f at the end of the day, people saw what erybody had dignity and everybody had a difference his work made in their REMEMBERING SENATOR a place. You know, when I was growing lives because of the work that he did KENNEDY up in my family, we all had a place. A within the democratic process, to make The SPEAKER pro tempore. Under a lot has been said about his belief in ev- our country a better place for every- previous order of the House, the gen- erybody having an opportunity in soci- body to live in. tleman from Texas (Mr. SMITH) is rec- ety. Well, in an anecdotal way, I can Even though he was from a different ognized for 5 minutes. tell you, in my life, he always made station in life from many people that Mr. SMITH of Texas. This gives me a sure that I had an opportunity to par- he worked to help, he didn’t look at it second opportunity to thank my col- ticipate. from the point of view of socio- leagues for their forbearance tonight. The SPEAKER pro tempore (Mr. economic background. He looked at it Senator Kennedy was a friend, as are MINNICK). The time of the gentleman from the point of view that we’re all members of his family, including his has expired. human beings, that we all have a spark son PATRICK who is here tonight. It was

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.086 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10054 CONGRESSIONAL RECORD — HOUSE September 29, 2009 a privilege to have known him in lots them, grabbed a pencil, which I was ab- of the other Members for their partici- of different ways. In my being a con- solutely sure he was going to break in pation in this Special Order. servative Republican from Texas, and half. But instead of breaking the pencil The RECORD is going to remain open the Senator being a liberal Democrat in half, he scribbled a note on this so any Member that wishes to make a from Massachusetts, many people won- piece of paper. And everybody in the comment about our great Senator Ted der about this friendship. And therein room is watching him. And he throws Kennedy may do so. lie many stories, but let me tell a cou- the piece of paper across the table to Mr. Speaker, I rise today to honor Senator ple tonight. me. And I’m thinking, what is going Edward M. Kennedy—a mentor, a friend and The first one goes back to when I was on? the greatest Senator our country has ever a fairly junior Member of Congress. I So I pick up the piece of paper. This known. don’t remember what the meeting was must have been around July of that While it is still difficult to imagine these hal- about, but there was a meeting in the particular summer. I look at the piece lowed halls without Teddy, today we honor the Capitol in a small room. I was late get- of paper, and Senator Kennedy has man who was an inspiration to all of us who ting to the meeting, and apparently so written on the piece of paper, ‘‘LAMAR, have answered the call to public service. And was Senator Kennedy. When I walked what are you doing for vacation this while one hour is not nearly enough to pay in, there were no remaining seats summer?’’ tribute to the life and legacy of Sen. Kennedy, around the table, but there were a cou- You had to sort of be there to appre- today we pause to celebrate the life of this ex- ple of seats over by a window. In fact, ciate what had gone on in the previous traordinary man. there was only one seat empty, and it 10 minutes and the friendship that this Never afraid to ’sail against the wind’ in the was next to Senator Kennedy who at particular note to me showed. name of justice, equality and opportunity, that point I had not met. I felt like I I very quickly folded the note up and Teddy was a treasured friend, a tireless advo- had nowhere else to go, so I sat by Sen- put it in my pocket so no one else cate for the people of Massachusetts and a ator Kennedy. would see it. And, of course, everybody legislator without peer. Throughout his distin- After we had been there about a half in the entire room was now wondering guished career, he helped bring health care to hour and were bored by the discussion what was it that Senator Kennedy had millions of children, enabled many young peo- that was going on at the table, we written to the Republican across the ple to afford a college education and ensured started talking. I mentioned to Sen- table, SMITH from Texas. that so many of our citizens could realize the ator Kennedy that, in fact, my grand- I never have revealed that note until American dream. mother had been from Boston, that I right now. But that does show not only I am honored to serve with his son PATRICK had enjoyed that part of the country friendship, but both stories and many and to know his other children Teddy Jr. and many times on vacations, and we dis- others that I could tell I think reveal a Kara, his beloved wife Vicki and all the mem- covered that we had a mutual interest larger point. And that is the public is bers of the Kennedy family. And there is no in sailing, although I have not gotten probably not nearly as aware as they doubt that his trusted friend and former staffer, to do nearly as much of it as he has. might be of the genuine friendships PAUL KIRK, will serve with distinction in his in- terim appointment. b 2100 that occur in Congress between individ- uals who might not agree on many of Teddy was ‘an idealist without illusions,’ as In any case, we spent the next hour the political issues but who can agree his brother, the late President John F. Ken- just having a wonderful, friendly dis- to be friends and appreciate each oth- nedy used to say. He came to the Senate to cussion. And that was the beginning of er’s company. get things done. He was unafraid to reach this friendship that I have referred to. The SPEAKER pro tempore. The across the aisle to make a deal and he count- Not long after that, I was at another time of the gentleman has expired. ed some of his staunchest ideological foes meeting. Actually this was a con- Mr. SMITH of Texas. May I ask unan- among his closest friends. But he never com- ference meeting in the Capitol, where imous consent for 1 more minute? promised his core beliefs in justice, equality there were four or five Members of the The SPEAKER pro tempore. The and access to the American dream. House and four or five members of the Speaker’s announced policy of January From his first speech on the Senate floor in Senate in attendance trying to work 6, 2009, does not permit the extension of support of the Civil Rights Act until his valiant out the differences on a particular a Special Order speech by unanimous final fight for health care reform, when Ted piece of legislation. What so happened consent. Kennedy spoke, you knew you were hearing at that particular meeting, I was at the f the ‘‘true compass’’ of a committed, principled table and so was Senator Kennedy. In progressive. fact, he was directly across the table REMEMBERING SENATOR He transcended petty politics to become from me. And we had had a relatively KENNEDY ‘‘the lion of the Senate,’’ a legislator like no mild discussion of the issues at hand, (Mr. SMITH of Texas asked and was other. Teddy’s was an unmatched legislative and it was time for Senator Kennedy to given permission to address the House career, which included 47 years in office, more speak. for 1 minute.) than 2,500 bills authored and scores of laws He stood up at the table, proceeded Mr. SMITH of Texas. Thank you, Mr. bearing his name. to lay into us Republicans as if we Speaker. On issues of war and peace there was no knew nothing about the issues at hand, In this case, the idea that individuals better moral compass than Teddy. He picked made a very persuasive argument on can be friends from different sides of up the banner of nuclear arms control from his his own behalf and on behalf of the the aisle, and even if they disagree on fallen brother John and fought tirelessly to re- issues that he cared about. The voice some things political, it occurs more duce the threat of nuclear weapons and make was so loud that, quite frankly, the often than a lot of people might expect. the world a safer place. Beginning in the walls of this small room were rattling. In fact, that’s probably one of the un- 1980s, Teddy worked closely with me to high- All the staff who were seated around written stories of Congress. And I’m light the dangers of a nuclear arms race be- the room were shaking. And I was won- glad it exists. tween the U.S. and the Soviet Union, and the dering what I had gotten myself into. Certainly on the surface there is an need to prevent the proliferation of nuclear And here was the Senator with whom I extreme partisanship. Sometimes that weapons. had struck a friendship, and he was is regrettable. But underneath the sur- In 1982, when I introduced the first nuclear practically accusing all of us of not face, there are friendships that can freeze resolution in Congress to stop the knowing what we were talking about occur, for which I think both sides and buildup of nuclear weapons, no one thought on this particular legislation. both friends can be grateful, and I am we could do it. But it was Teddy who led the Well, the Senator talked for 5 or 10 certainly in that category. fight for a freeze in the Senate, paving the minutes, completely dominated the Mr. MARKEY. Will the gentleman way for a dramatic showdown with President room, and there really wasn’t much yield? Reagan that made it necessary for the else to say, or at least no one felt like Mr. SMITH of Texas. I will be happy Reagan Administration to embrace nuclear saying anything in response to the to yield to the gentleman. arms control—a course it initially had rejected. Senator. Well, when he sat down, he Mr. MARKEY. I thank the gentleman Our country is a better place because of picked up a piece of paper in front of for his great words. And we thank all Ted Kennedy. For the worker who struggled to

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 9920 E:\CR\FM\K29SE7.087 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10055 make ends meet in a minimum wage job, Ted The achievement of being the third longest Ted Kennedy’s approach to government had Kennedy was there. For the new mother car- serving Senator in our history is an accom- been instilled in him from an early age—that ing for a newborn, Ted Kennedy was there. plishment in its own right, but Senator Ken- we must, no matter our position in life, strive For a family in need of health care for a sick nedy affected public policy in such a substan- to help those in need and speak up for those child, Ted Kennedy was there. For a planet in tial and enduring way that the length of his whose voices cannot be heard. It is a lesson peril due to the threat of nuclear war, Teddy time in office is really only one achievement in both he and his brothers took to heart and to was there. his remarkable journey. which they gave their lives in service. Senator And now we must be there for the causes Senator Kennedy boldly championed land- Kennedy knew the people of Massachusetts that Senator Kennedy championed throughout mark legislation to improve the lives of all needed his help, but his compassion did not his long and distinguished career. Americans. He fought fiercely for the poor and stop there. He often championed national In his final days, Senator Kennedy wrote a the disadvantaged. His legislative achieve- causes and shepherded major legislation with letter to President Obama, reminding us all of ments include being a major player in a wide broad impact across the country: ensuring civil just what is at stake in the health care debate. range of issues; from addressing funding for rights, expanding children’s health insurance, ‘‘What we face is above all a moral issue,’’ he cancer research, health insurance reform, establishing the Americans with Disabilities wrote. ‘‘At stake are not just the details of pol- benefits for the mentally disabled, discrimina- Act, strengthening education and service pro- icy, but fundamental principles of social justice tion against disabilities, and the Children’s grams, and finally the effort he called ‘‘the and the character of our society.’’ Health Insurance program to Civil Rights, and cause of my life’’—reform of our health care And there is no one who better understood education reform. Kennedy always considered system. those principles than Teddy. healthcare the pinnacle issue of his legislative Senator Kennedy soared to great heights in At the Democratic Convention in 1980, career, and it was a great achievement for him the Senate. He achieved immense influence when it was clear that Teddy’s inspired cam- to see comprehensive healthcare reform mov- among his colleagues, both Republican and paign for the nomination had come to an end, ing further along in legislative process than it Democrat, while never compromising his pro- he was still fighting for the issues he cared ever has before, five of the six committees gressive values or quenching his fighting spirit. about. handling the healthcare bill had passed them The personal touch he lent to relationships Just hours after he delivered his famous out of committee at the time of his passing. with colleagues and constituents told of his speech declaring that the ‘‘dream shall never One of his most recent achievements was deep connection to the work he was doing die’’ I went up to see him in his hotel room the signing into law of The Edward M. Ken- and his dedication to being the most effective headquarters. And what struck me that night nedy Serve America Act of 2009. This land- Senator that chamber has ever seen. and stays with me to this day, was that in- mark legislation tripled volunteer opportunities I can say I am a better person for having stead of being heartbroken after coming up across the country and created a new service known Ted Kennedy. I am saddened by his short in his quest for the presidency, there corps for education, health care, energy, and loss not only for myself and for the people of was no defeat in that hotel room. Instead, veterans. Massachusetts, but for the citizens of a grate- Teddy was triumphant. Despite the difficult Although Kennedy was diagnosed last year ful nation. Indeed, the world mourns the loss day, he was still in high spirits. with a malignant brain tumor, he continued to of his passion for justice and peace. We must Although he was a great Senator before that play a major role in the healthcare debate, all strive to honor his legacy and continue day, it was on that night, that he truly began and up until his final days he was truly the fighting for the causes he defended with such his transformation into the ‘‘Lion of the Sen- ‘‘Lion of the Senate’’ serving fiercely and pas- vigor. ate,’’ the master legislator fighting for the sionately on behalf of so many Americans Lest it be forgotten or overlooked, Ted Ken- issues that mattered most: health care, civil both in Massachusetts and around the coun- nedy was also a father and husband. I offer rights, education, human rights and others. try. August 25, 2009 was surely a sad day for my deepest condolences to Vicki, Kara, Ted That night, like so many other nights in his all of us—but although Kennedy’s life was Jr., Caroline, Curran, and of course my col- long career, he was able to transcend misfor- filled with tragedy, his life was also filled with league PATRICK. I thank each of you for allow- tune and shape something bigger. To commit triumph. His victories in life far surpass most ing us to share this great man with you. He is, to a cause larger than himself. men and women’s and his story is one of hu- and will always be, greatly missed. Above all, I will remember Ted Kennedy for manity and progress. Mr. NEAL of Masschusetts. Mr. Speaker, his sense of hope. In rough seas and in calm, Senator Kennedy was a great statesman with the passing of Senator Edward M. Ken- he always believed our better days were just and a true leader, who cared deeply about nedy last month, the Commonwealth of Mas- ahead. In his final fight, the dignity and grace America’s future and I am honored to have sachusetts lost its greatest champion, and the he showed was an inspiration to us all. served in the United States Congress with United States of America lost one of its And throughout a long life of tragedy and tri- him. I extend my deepest sympathy and heart- strongest voices for fairness, equality and jus- umph he never faltered in his belief in this felt condolences to Senator Kennedy’s wife tice. Personally, I lost a treasured friend. From country and its highest ideals. From landmark and family, and hope they take comfort in civil rights to health care, from voting rights to legislation like The Americans with Disabilities knowing that his legend and legacy carries on Head Start, Ted Kennedy played a significant Act that touched the lives of millions, to simple in the hearts and memories of a grateful na- role in the passage of some of the most im- gestures like reading to schoolchildren at a tion. portant legislation in our lifetime. I have often school near the capitol, Teddy believed in the Mr. CAPUANO. Mr. Speaker, I rise today to said his record in the United States Senate is American dream and helped so many to real- honor a man who dedicated his life to the peo- unrivaled. And I believe history will remember ize it. ple of Massachusetts. The passing of Senator him as the most effective individual to ever And although the mighty Lion has passed Ted Kennedy has left our Commonwealth serve in that institution. on, Teddy’s roar in defense of the disadvan- without its principal champion, and while we The Ted Kennedy his friends and col- taged and vulnerable will echo eternally in the grieve, we take solace in remembering the leagues knew was a kind, considerate, gen- halls and history of America, inspiring future magnitude of his many accomplishments dur- erous, funny, thoughtful and hard working per- generations to service, self-sacrifice and a ing almost 47 years in the United States Sen- son whose presence lit up the room. His per- commitment to our country’s highest ideals. ate. sonality and charisma were contagious. He And as we pause to remember this great I am proud to have served with Senator loved his family and spoke about them with man, the task now is to follow Teddy’s immor- Kennedy as a Member of the Massachusetts great pride. During good times and bad, he tal words and ensure that the causes which he Delegation and humbled when I recognize was always there with a phone call or a note. championed shall endure, that his hopes will what we have lost. His work impressed me When it came to western and central Massa- live on and his dreams of a better future for before I was elected to Congress, but it was chusetts, he always offered to help. He was a everyone shall never die. in this context that I came to know Senator master of detail. His ability to work across the Mr. RAHALL. Mr. Speaker, I rise today to Kennedy personally and witness his insight aisle was legendary. At the end of the day, recognize and remember the outstanding life and intelligence and his formidable skills as a Ted Kennedy made a difference in the lives of and legislative achievements of U.S. Senator legislator. His ability to recognize an important countless individuals. Edward M. Kennedy. and often daunting goal, and then effect legis- For the past year he faced one of the most I was first elected to the House of Rep- lation to achieve that end, was unparalleled. difficult challenges of his life. But he did so resentatives in 1976 and although that is over The testimonies we have heard from friends with characteristic dignity and grace. Whether 33 years ago, Ted Kennedy had already been and colleagues in recent weeks bear witness it was sailing on Cape Cod in his beloved serving in the U.S. Senate for over a decade. to that. Mya, or throwing out the first pitch at Fenway

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 9920 E:\CR\FM\A29SE7.040 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10056 CONGRESSIONAL RECORD — HOUSE September 29, 2009 Park, he taught us how to live life while facing Over the course of his career in public of- which would pledge itself to the rules, adversity. And in the process he became an fice, Senator Kennedy underscored the mean- not to the authority. So they didn’t inspiration for us all. ing of the phrase ‘‘to whom much is given want a king. They didn’t want some I became interested in public service during much is required.’’ powerful dictator. They wanted the John F. Kennedy’s historic campaign for presi- His legislative legacy is unrivaled, and af- rules to prevail in the Nation. And dent nearly 5o years ago. Since then, I have fects the lives of tens of millions of Americans that’s one of the secret parts of the so- been an outspoken and loyal supporter of the every single day—especially the less fortunate ciety that was created that nobody can Kennedy family. It has been the honor of a among us. see, that over time has developed the lifetime to call Ted Kennedy my friend. His ex- But despite his countless achievements, most important and most powerful Na- traordinary life and legacy will never be forgot- there is one unfinished piece of business that tion on the face of the Earth that has ten. As we pay tribute to him tonight, my was dear to his heart that we must continue ever existed. thoughts are with Vicki, Kara, Edward Jr, PAT- to fight for: achieving universal health care in We cannot ignore that rule of law RICK, Curran, Caroline and the rest of the Ken- America, and doing so in a way that truly re- today. We cannot let personalities or nedy family. He will never be forgotten. forms our broken health care system. concepts or attitudes change the fact Mr. HOLT. Mr. Speaker, what a remarkable In a letter written to President Obama short- that there are rules that you follow, life Edward M. Kennedy lived. When I first met ly after learning of the terminal nature of his ill- and you must follow those rules. And Senator Kennedy in 1963, I mistakenly be- ness, Senator Kennedy described our nation’s there are laws, both civil and criminal lieved he was in office because of his family current health care crisis as a ‘‘moral issue’’— laws, that have to be upheld. We as a connections. As I watched and interacted with which concerns ‘‘not just the details of policy, society have created those laws. They him over the subsequent decades of his great but the fundamental principles of social justice have governed us in some instances legislative career—matched by few if any—he and the character of our country.’’ since the beginning of the Republic. demonstrated a strong work ethic. No one Senator Kennedy knew, as we know, that And to waive or to ignore those laws, worked harder. He had a deep commitment to healthcare is a fundamental human right. we do it at our peril. freedom, fairness, and justice, and his per- Let us work to pass real health care reform, So tonight we’re going to talk about sistent defense of the ‘little guy’ was abso- not just in remembrance of the cause that was some legislation that addresses the lutely genuine. The result is a body of legisla- this great man’s life work, but because we see issue of ignoring or not following cer- tion that has brought equality, justice, and op- this issue as he saw it—as a test of our soci- tain laws or bending laws. We are going to start off with my portunity to millions. This towering figure was ety’s integrity. good friend ROSCOE BARTLETT. I’m an inspiration to so many of his colleagues, Last week I had the honor, alongside my going to yield to him, and he’s going to and he showed each of us—from the most colleague, the Honorable KENDRICK MEEK, of talk to us about a bill that he has, H.R. senior to the most junior—the highest level of presenting the late Senator Kennedy with the 2743, the Car Dealer Equity Act, in consideration. Mickey Leland Award at the Congressional My thoughts go out to his family, including which he talks about the fact that he Black Caucus Foundation’s Annual Legislative his wife Vicki and his son PATRICK, who is a feels some laws, some contract laws, Conference Awards Dinner. close friend of mine. Edward M. Kennedy will were either bent or ignored. The award, received by his son, the Honor- live on in the accomplishments he leaves. May I yield to my colleague. able PATRICK KENNEDY, was bestowed upon all of those close to him know we are grateful Mr. BARTLETT. I thank the gen- him in recognition of his lifetime’s work in pro- for his service to the nation. tleman for yielding. Ms. LEE of California. Mr. Speaker, today viding opportunities for society’s less fortunate. Before talking about this very inter- we gather to recognize the legacy of a man From civil rights, to education, and finally to esting subject, I would like to spend who will surely be remembered among the health care, the late Senator Kennedy is des- just a few moments talking about why great legislators in our nation’s history—‘‘the tined to be remembered as a true champion of I think the rule of law is so important. Lion of the Senate’’—Senator Ted Kennedy. equality and opportunity. We are one person out of 22 in the Senator Kennedy was a champion for peace Our charge now is to keep this noble legacy world, and we have a fourth of all of and justice throughout his entire career, and alive by renewing our efforts to ensure that the good things in the world. And I ask our nation is undoubtedly a better place health care reform—his great, unfinished myself how come we are so darned for- thanks to his leadership over the years—in cause—provides each and every American tunate that this one person out of 22 particular on the issues of education, health with the universal and affordable coverage has a fourth of all the good things in care, and civil rights. that was his vision. the world? I vividly remember the first time I met Ted I look forward to working with you in the I look around for people who are Kennedy. weeks to come to do everything we can to working, bending their back, and I was interning in Washington, DC in the make sure that happens. sweating. And I will tell you I don’t see summer of 1974, at a time when there were f very many white faces, and I don’t see very few African American interns on Capitol THE RULE OF LAW an awful lot of black faces. I see His- Hill. My friend, the late Ron Brown, was work- panics. So it’s not hard work that’s ac- ing for Senator Kennedy at that time, so I The SPEAKER pro tempore. Under countable for the fact that we’re so called him and requested a meeting with my the Speaker’s announced policy of Jan- lucky. fellow African American interns. uary 6, 2009, the gentleman from Texas And then I look at education and Senator Kennedy immediately granted our (Mr. CARTER) is recognized for 60 min- technical education. We live in a tech- request—we met with him a few hours later utes as the designee of the minority nical world today. But most of our and knew immediately that we were truly in leader. bright young people are going into ca- the presence of greatness. Mr. CARTER. Mr. Speaker, to my reers of political science and law. This More recently, I attended several election hall mate, Mr. KENNEDY, that was a year the Chinese will graduate seven events with Senator Kennedy during the pri- moving tribute and well deserved. I am times as many engineers as we grad- mary election. glad we could yield the time. uate, and about half of our engineers I had the pleasure of attending the Amer- The subject of this hour that we have are Chinese and Indian students. So it’s ican University rally for Senator Obama where been talking about now for, I believe, not our commitment to technical areas Senator Kennedy first announced his support about 14 or 15 weeks is we are talking that makes us so fortunate. and delivered one of the best speeches of the about the rule of law and how the rule Just what is it that is so different entire campaign. of law must prevail. It is the glue that about this country that we are so for- A few weeks later, I attended an amazing holds our society together. And when tunate, this one person in 22 that has a rally at the Beebe Memorial Cathedral in Oak- we start to ignore rules or ignore oth- fourth of all the good things in the land where I was honored to introduce Sen- ers’ laws, then we are ignoring what world? ator Kennedy before he delivered another our Founding Fathers intended to rule Mr. Speaker, I think that it’s our amazing speech. us. commitment to the rule of law and par- The line to get in the door seemed to When we established this Nation, the ticularly our commitment to those stretch for miles as supporters waited with an- people who established it came from a laws that protect our civil liberties. ticipation to see this great statesman and war- monarchy. Yet they felt that a much You see, there is no Constitution in rior for peace and justice. greater society would be a society the world, there is no bill of rights in

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A29SE7.043 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10057 the world that comes even close to ours cosponsors, but from both sides of the that’s all over the front page. ROSCOE in having so many civil liberties that aisle they said, We don’t see any win- is going to fix the auto dealers, and I are so protected. And I think this es- ners either. We really need to do some- am on that bill and proud to be there. tablished an environment, a milieu in thing about this. We think that some We’ve got a bill by Leader BOEHNER which creativity and entrepreneurship fundamental laws were violated in this. and DARRELL ISSA, Defunding ACORN could flourish. And I think we put at b 2115 Act, and my friend, LYNN WESTMORE- risk who we are, and I think we put at LAND from Georgia, is here to join me, We think that this needs to be fixed. risk this enormous privilege that we and my friend Mr. KING from Iowa is have, this one person out of 22 who has There is a Web site you can go to. It is here to join me. And we’ve got a bunch YouTube, www.YouTube.com/rejected a fourth of all the good things in the of things to talk about here today. dealers. And you’re going to find more world, if we in any way violate these Let’s talk about ACORN. than 11,000 dealers that have logged on very sacred rights which are given to I think those videos that the Amer- to that to tell you their story. Some us by God, which our Constitution, our ican public have now seen were a very, very sad stories are told by these government, is supposed to protect. shocking wake-up when they had al- So I am very concerned about the dealers. Enormous losses. ready heard about all of the ACORN So I am very privileged to come here rule of law because I will tell you if in violations. We’d already heard about this evening to talk about this because one place you can rationalize that it’s this, and it didn’t seem to be bothering I think that in the violation of some of anybody that there were all kinds of okay to violate the Constitution, what these very simple, obvious, common- election law frauds, convictions, and so next? I think that our civil liberties sense laws, that a great many people in forth across the country. But then we could come tumbling down and I think our country have been hurt. with them our privileged status in the And I want to thank you for commit- saw advice being given to two people world today. ting this hour to talk about the rule of pretending to be into criminal activity, Now, the thing you asked me to talk law, because I think the rule of law is and you saw people that seemed to be about, and that is this bill, H.R. 2743. so important. And I hope that Ameri- encouraging child prostitution calling Several months ago I was mystified cans will collectively call their Rep- it a business, how to do your taxes, just by something that was happening in resentatives, ‘‘I know you probably like they weren’t talking about crimi- our country. We were shutting down signed on to that bill, but now make it nal activity. And I think that shocked auto dealerships. I thought at first, happen. Bring it to the floor. Vote on America into realizing that all of this well, these are owned by the auto man- it.’’ You know, petition the Senate so was real, and that cheating on elec- ufacturers and they’re reducing their they vote on it. tions and cheating on voter registra- overhead, so this will benefit them. But So let’s get this fixed. It’s really bad. tion and so forth was just as criminal then I learned not a single auto dealer- It’s really wrong. and just led to further, more criminal ship in this country is owned by the Thank you for letting me have a few activities. And now, all of a sudden, the manufacturers. Every auto dealership moments to talk about it. folks at ACORN are all over the front is an independent dealership hiring Mr. CARTER. Reclaiming my time, I page. people, paying taxes, selling cars. And thank you, ROSCOE. You have hit on So I will yield to my friend, Mr. I looked at what they were doing. You something that when that all happened WESTMORELAND from Georgia, to let know, in almost everything we do in to me, I just wondered what happened him make a few comments on this. And life there are winners and losers, to the law of contract. Where did it go? you’ve got a sign there. What have you positives and negatives. And in this When did our executive branch think it got, LYNN? case I could see only losers. And I had the authority to just negate con- Mr. WESTMORELAND. Thank you thought I must be missing something. tracts in order for people to, through for yielding. So we held a press conference out in some threats that were made to settle I did want to bring the substance. We Frederick, I think one of the first ones a bankruptcy, to lose dealerships were talking about the rule of law. in the country. We had some of our big- that—I talked to people in my district. Speaker PELOSI, after the 2006 elec- gest dealers there. Dar Cars was there, It was not only did you lose your deal- tion, made a comment. She said, This and Tammy Darvis is up in the gallery, ership, but your work product got leadership team will create the most and I want to thank her for coming. handed to the people you’d been com- honest, most open, and most ethical Jack Fitzgerald was there, one of the peting with. Just kind of free gratis. Congress in history. biggest auto dealers in the area. And I You get the win, and I get nothing. And To my friend from Texas, we know asked them the question, What am I of course, hopefully this will be re- we’ve been here many times talking missing? I seem to see that everybody solved in the courts or something. I about the Rangel rule where Chairman in this is a loser. Why in the heck don’t know what’s going to happen. RANGEL was found to not have paid his would we do something where every- But ROSCOE is on the right road. We taxes and then had his accountant fig- body loses? can do something about it here because ure out what he felt like he did owe Clearly, the dealers that were put out if you can’t contract, you don’t have and sent it in without penalties and in- of business lost, and clearly all the peo- freedom, and especially freedom of terest and other things. ple that worked for them lost, and commerce. If you can’t make an honest Then we had Secretary Geithner who clearly all those secondary jobs that contract with somebody and depend did not pay his self-employment taxes were created by those people were lost. upon that and have it be enforceable in and some other taxes on more than one And I couldn’t understand how the the courts of our country—because the occasion. And this is something that auto dealers could benefit when there rule of contract is sacred. If you don’t the American people are wanting to were fewer people selling their cars. It have that, which we’d had for the his- know where this most honest, most just made sense to me that the more tory of our Nation, then the rules of ethical Congress, most open Congress people who are out there competing to commerce come tumbling down. is at. sell your cars, the more cars you’re And we keep hearing people say, Do I just wanted to kind of bring that up going to sell and the better off you are. we want to be a Banana Republic? And to remind the people that we are not And I asked these dealers, What am I nothing against our poor Banana Re- special in this body right here. We need missing? I’ve got to be missing some- public neighbors, but that’s what hap- to be operating under the rule of law thing because Americans don’t do real- pens when you don’t have the rule of and be under the same consequences ly stupid things. And this appeared to law. You can’t make a deal that can be that every American is under. me to be a really stupid thing where enforced and people become—go more Let’s talk about ACORN and what everybody lost. I couldn’t see anybody and more to the dark side in their trad- the bill is that Leader BOEHNER and who was winning in this. ing habits. And this is one of the issues Ranking Member ISSA have introduced. So I came back to the Congress and I that when we’ve got the world econ- We might want to remember that asked my colleagues, Who is the win- omy we’ve got to deal with. last week the House voted about 345–79 ner here? And from both sides of the We’ve got multiple subject matters, for an amendment to bar the Federal aisle, and now this bill I think has 275 and we are going to start with one funding of ACORN, but we need to go

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.089 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10058 CONGRESSIONAL RECORD — HOUSE September 29, 2009 further than that. We need to pass a there and demonstrate against Sheriff sented in a national, legitimate ballot. stand-alone bill. And that’s what this Judge Arpaio, the tent city, pink un- That is the Banana Republic measure. H.R. 3571 does, the Defund ACORN Act. derwear Sheriff Arpaio. I think that And there is no entity in America that No Federal contract, grant, coopera- that is a persecution that’s going on. has been more active or aggressive in tive, or agreement or any other form of But they’re trying to raise money to do the history of this country and under- agreement may be awarded to or en- that. mining the underpinnings of our Con- tered into with ACORN. No Federal And the mailing that they have—and stitution than ACORN, a criminal en- funds may be given to ACORN. No Fed- it’s an Internet document. They still terprise and an entity in and of itself eral employee may promote ACORN, claim that they registered 1.3 million in many other enterprises than the including some ACORN State chapters, new voters. Well, the numbers are clos- fraudulent votes. organizations with financial stakes in er to 450,000 legitimate voter registra- But I think at that component of ACORN, and organizations that shared tions. And ACORN has admitted to this, I would yield back to the gen- directors or employees with ACORN. over 400,000 false or fraudulent voter tleman from Texas. I have a little bit And Judge, my friend from Texas, I registrations. Now, one is too many for more to say about ACORN hopefully a am glad to announce the great Gov- me. And we’ve seen the hue and cry of little bit later. ernor of the great State of Georgia has somebody who was in 2000 driving to Mr. CARTER. We’ve got a lot of canceled the contract that the State vote in Florida, and perhaps they were things to talk about, but ACORN is had with ACORN. going to vote for Al Gore, and a mile now all over the front page. The trial So people are starting to understand and a half away they went through a started in Nevada, and quite frankly, I that when you have an organization checkpoint to see if they were sober see a very aggressive prosecutor that that not only these videos exposed, but and had a driver’s license, and they was talking on television today, and even the Committee on Oversight and claimed that to be voter intimidation. it’s going to be an interesting case. We Government Reform found ACORN had If one person lost their nerve and should all watch it very closely be- committed a list of offenses: voter didn’t want to go through the police cause wrongdoing is being put before fraud, tax evasion, obstruction of jus- checkpoint because they were drunk or the American public, and it’s going to tice, aiding and abetting embezzle- didn’t have a license, that was a voter be interesting to see how that comes ment, investment fraud, use of tax- intimidation on the part of the folks out. payer funding for partisan political ac- that were on Al Gore’s side back in the I want to shift gears now because our tivity, Department of Labor violations. year 2000. friend Dr. RON PAUL has introduced a You know, ACORN should not be al- ACORN can produce over 400,000 false bill which has been talked about now lowed to get off with just an internal or fraudulent voter registrations, and for years, and I think now the Amer- audit. They need to be looked at much America can’t get up in arms until we ican public is starting to say we’d kind deeper than that. An internal audit for see child prostitution promoted in five of like to know something about this. ACORN is the same as asking Sec- ACORN offices across this city, in Bal- We have had, as we talked about be- retary Geithner to investigate Chair- timore, Washington, D.C., in Brooklyn, fore, more money spent since last sum- man RANGEL. So we need to go further in San Bernardino, and in San Diego, mer supposedly saving the economy with that. California, and more to come. than just about has been spent in the ACORN has received hundreds of mil- And now they’re under a lawsuit. history of the Republic, certainly be- lions of dollars. We should be more re- ACORN decides they’re going to go out fore 1930. It clearly surpasses what we sponsible to the people of this country, and punish people that have brought spent then. It is in the trillions of dol- the hardworking people of this country out the truth if they can and use the lars now. that pay their taxes that we would court to intimidate. The Federal Reserve, this mysterious want to give it away to organizations Now, when ACORN makes a state- thing that I would bet there is not one such as this. ment that, well, we only produced over American in a hundred who can tell Right now, I’ll be glad to yield to our 400,000 false or fraudulent voter reg- you even close to what the Federal Re- friend from—I’ll yield back the time to istration forms, never fear, it was all in serve system even does, where they you, Judge, and then you can yield. the exercise of trying to get some- come from, who sets them up. There is But thank you for giving me this time. body’s good vote in there, but no bad just very limited knowledge. Unless Mr. CARTER. I’ll yield time to my votes came out of that, no fraud came you get to graduate school, you don’t friend from Iowa (Mr. KING). And I from that. Oh, really. even get taught it in universities as to guess we’ll talk about ACORN and then They’re being investigated. You say what the Federal Reserve does. And yet we’ll shift gears to something else. 12 States, then 14 States. Today it the Federal Reserve, as Congressman Mr. KING of Iowa. I thank the gen- came out 20 States. PAUL points out, is in charge of admin- tleman from Texas and the general Today the trial of ACORN started in istering and keeping track of these bil- from Georgia for their leadership on the State of Nevada. ACORN, as an en- lions and now trillions of dollars of these issues. And once a week, at least, tity, has been indicted by the prosecu- money that we are going to have to we see the judge from Texas down here tion in Nevada, and they have their pay back and our children, our grand- laying out the conscience of the Con- chief organizer in Nevada is testifying children have to pay back. gress. And this ACORN issue is some- against ACORN saying, Here’s our thing that has burned within me for pamphlet, our policy. We were paying b 2130 several years. commissions and paying a bounty for What Congressman PAUL, RON PAUL, I looked back through some of the voter registrations. And, additionally, wants basically is that he would like to RECORDS, and I introduced an amend- it came out in the news that in Troy, see an audit of the Federal Reserve so ment to unfund ACORN in 2007. Back New York, they have dozens of fraudu- that we can know just what these guys then, we couldn’t get any traction. And lent votes that were cast on absentee do. And so I want to throw that out for as much as has been filled out on the ballot that were promoted by ACORN. discussion here, and I recognize my case of ACORN, as much as we learned Now, if there’s anything that chisels friend from Georgia. about ACORN during the last Presi- away and cuts off the underpinnings of Mr. WESTMORELAND. Well, thank dential election—and I think it was our Constitution it is fraudulent elec- you for yielding the time, and I don’t very useful because that was a time tion process. And when the American know if we’re going to get back to that America started to pay attention, people lose their faith that we have a ACORN. Mr. Speaker. And we remember that legitimate process, the result of that Mr. CARTER. We will. ACORN announced that they had filed will be, then, nothing holds together. Mr. WESTMORELAND. Then I will 1.3 million new voter registrations dur- You can’t expect the President, the save this for later. Let me just say that ing the Presidential election cycle in United States Senate, the United the Federal Reserve, think about this 2008. And now they’re advertising that States House, or any system of govern- for a minute. Under the TARP pro- people should send them a check and ment to be consented to by the people gram, the Federal Reserve got $700 bil- help fund their operation to go down if the people don’t believe they’ve con- lion. We gave them $787 billion in the

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.090 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10059 Obama stimulus package. As you men- the deficit created by his budget would dom of its people, and that is the wis- tioned, that’s over $1 trillion. Judge, a be just about right. And if you want to dom of its people as processed through lot of people don’t realize how much $1 look at the deficit that exists today, this Congress is how it was envisioned trillion is. If you took $1 trillion and and you add that to Obama’s budget, by the Founding Fathers. I yield back converted it into seconds, 1 million that’s over $20 trillion between the ex- to gentleman from Texas. seconds is 11 days, 1 billion seconds is isting national debt and the debt cre- Mr. CARTER. To finish up this par- 32 years, 1 trillion seconds is 32,000 ated by President Obama’s budget. So ticular subject, let me just point out years, 32,000 years is 1 trillion seconds. that would be all the corn that Iowa that I think most people know that the And so we’ve given them over $1 tril- could raise at today’s production in Fed has, as one of its things it does, it lion, and they don’t want to be audited. market values from the birth of Christ uses interest rates to micromanage our I think that this is something that I until today, and you would fall a little economy. It prints money. And the hope that Chairman FRANK, I’m assum- bit short. That’s how much money the more money that it puts out there, the ing this is going through Financial United States Government owes as a less value our dollar has. It has an af- Services on a hearing that they’re result of this profligate spending that fect on every part of our lives. going to have Friday, 290 cosponsors, is going on. Now if you have never contracted with the Federal Government, back in that is enough to pass a piece of legis- And the Federal Reserve component the 1970s, I did a lot of work for people lation here under suspension. of this, I am very happy to see there who built section 8 housing projects. So I certainly hope that the Speaker are 290 cosponsors of RON PAUL’s bill, And let me tell you, because you’re and the Democratic leadership will H.R. 1207. I am among them, and I’m dealing with large numbers, this is once again kind of honor her statement confident that my colleagues on the what you would hear, you had to be here: ‘‘We will create the most honest, floor are as well. There is a hearing looked at and relooked at and relooked most open and most ethical Congress coming up on Friday to dig into this. at, which is the right thing, to make in history’’ by letting us have a vote on That is a step along the way. From my sure nobody is doing something wrong. auditing the Federal Reserve. standpoint, I would be very happy to When you’re dealing with $8 million or The American public deserves the sign a discharge petition. I don’t think $10 million, the government wants to same independent audit accountability that things move very quickly through look closely at how that money is from the Fed that they expect from this Congress. When you have the most being spent, are the subcontractors their local bank. The Feds are going ethical Congress in history, I don’t being paid, and so forth. Now, why do out and auditing our local banks every know how that could be defined that they do that? Because they know the day, Judge, putting a lot of them out of way, but there’s a lot that doesn’t hap- nature of certain people is such that business, putting them on notice that pen around here. There’s a lot of delib- eration that doesn’t take place around there can be wrongdoing. they need to change the way that We are talking about trillions of dol- they’re doing business. If they’re going here, a lot of debate that doesn’t take place. lars. And we ought to at least know a to go out and audit our local banks, we The rules are written in the Rules little bit that an audit would tell us certainly need to audit them to make Committee up there in that tiny little about what’s going on at the Fed. So sure that they’re doing things by the old room that doesn’t leave room even that’s RON PAUL’s bill. rule of law and in a commonsense way for our staff to come in. We have to go I’m going to go to another bill. It’s and in the way that the American peo- up there and genuflect before the Chair not really a bill, but just a comment. ple expect them to do with their hard- of the Rules Committee and ask if we We’ve been talking about the Rangel earned taxpayer dollars. can bring an amendment down here to rule. I’ve got a new one today. We are With that, I yield back to the gen- debate it on the floor of the House. going to talk about Mr. Geithner again tleman. They will say ‘‘yes’’ if they think it because he is back in the news because Mr. CARTER. I will yield now to my embarrasses Republicans. That’s the he says he has got this bank, UBS, over friend from Iowa (Mr. KING.) only way they will say ‘‘yes.’’ in Switzerland, to open their secret Mr. KING of Iowa. I thank the gen- The deliberate destruction of the vaults and let him know what’s over tleman from Texas. greatest debating body in the history there. And he is being very magnani- I was thinking about the description of the world here in the United States mous to the people he thinks have been of what is big money and what is $1 Congress has taken place because of hiding funds overseas. He is telling trillion and how do you put that into a the rules that have been ripped asunder them that, I know you. I’ve made a concept now. Some of us from the part by the Speaker of the House after 221 successful raid. I know who you are. of the country I come from, we think years. And the gentleman from Georgia Now if you step up and pay your taxes, in terms of corn. So to put that into has a sign: ‘‘This leadership team will we’re only going to give a maximum of perspective, the State of Iowa, the lead create the most honest, most open and a 20 percent penalty for your failing to State in corn production, is going to most ethical Congress in history, pay taxes. have a good crop this year. It’s going NANCY PELOSI, November 16, 2006.’’ I Wait a minute. What about the to have the best average yields that we don’t know how you say that in Geor- Geithner gesture here? When he talks have ever had, probably a few less gia, say what? This is the least delib- to these people, he owed $17,230, no pen- bushels than we have produced though erative body it has ever been. alty. He owed another $25,960, no pen- in the past, and we are going to raise An open rules process that we had for alty. He used bad child credits. He filed about $10 billion worth of corn, maybe 221 years that allowed every Members additional taxes with interested infra- a little less than that, but about $10 of Congress to force a debate and a vote structure, he had a faulty retirement billion. on a subject matter of their choice plan, an improper small business de- Now all the corn that Iowa raises, within the appropriations process has duction, and he was expensing utility just the value of that $10 billion, if we been utterly suspended since 2007. costs that went for personal use. All do that for 10 years, that’s $100 billion. The American people deserve better. these things he was doing to no pen- We do that for an entire century, that’s We deserve, yes, a hearing on H.R. 1207, alty. We call this the fox watching the $1,000 billion, $1 trillion. So 100 years of on the Federal Reserve. But we deserve hen house; he says they’ve cheated the all the corn we can raise in Iowa is $1 also to have open debate and force government. And maybe they have. trillion. A full century of all the corn votes so Members have to go on record, Where I come from, if they cheated that we can raise in what it’s worth because the wisdom of America is proc- the government and there’s penalties today, or what it was worth when I fig- essed through 435 congressional dis- to be assessed, fine. Everybody ought ured this, the markets have gone down tricts. And we all have our networks to get the penalty. When I’ve been late a little bit, that is $1 trillion. out there. If that debate is stifled here, on paying my taxes, and I have, I filed Now to take care of Obama’s deficit if amendments are shut off by order of not on April 15 before, I filed on August created by his budget this year, that is the Speaker, then the wisdom of Amer- 15 before, I filed on October 15 before. I $9.7 trillion. You can just think, 970 ica is shut off by order of the Speaker. paid my penalties, and I paid my inter- years of all the corn that Iowa could This country cannot reach the next est because that’s what you’re sup- raise committed just to taking care of level of its destiny if it denies the wis- posed to do. I think it is curious that

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.092 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10060 CONGRESSIONAL RECORD — HOUSE September 29, 2009 this is the subject of Mr. Geithner’s ings and the fact that he has not been so apparently he paid the interest, not conversation when he has not. He, the able to have to pay some of the pen- the penalty, from that language. I boss of the IRS, has not been assessed alties and the interests that most want to make sure that is clear. any penalties. Americans would have to pay if they If you get that all done, and if Amer- So I throw that out for quick discus- were delinquent on their taxes, and es- ica’s patience and appetite will believe sion. I think it’s interesting. The pecially using your child’s time at an the idea that Tim Geithner is so smart Geithner rule ought to be zero pen- overnight camp in three different that we can’t get along without him re- alties on taxes paid back on unreported years, surely he was made aware of gardless of whether he could remember income until Mr. Geithner pays his. that in 2001, but he did it again in 2004 to pay his taxes and regardless of Mr. WESTMORELAND. So if the gen- and again in 2005. Surely somebody whether it was an ethical decision or tleman would yield for just a second. from the IRS must have told him in not, if we remember America’s appetite Mr. CARTER. I do. that 4-year period that that was not a for that was completely satiated by the Mr. WESTMORELAND. Are we going legal deduction or either he didn’t file time Tom Daschle was appointed and to introduce a new legislation called his taxes. his tax problem emerged, then America the Geithner rule? said, Enough, I can’t tolerate anymore b 2145 Mr. CARTER. We’re working on it. of these appointments by the President Mr. WESTMORELAND. We’ve got So, Judge, I appreciate you bringing that will be confirmed by the Senate the Rangel rule, and I wonder how this back up, and I look forward to that have people that have been avoid- many people have, when they returned being a cosponsor, as I was with the ing taxes. their money to the IRS and said, I’m Rangel rule, on the Geithner rule. So now we have the lead tax writer in claiming the Rangel rule, the Geithner Mr. CARTER. Do you wish to be the United States Congress, Chairman rule is one that definitely people heard on this, Mr. KING? RANGEL, that has stimulated a bill should be concerned about. Mr. KING of Iowa. I thank the gen- that’s been introduced by Congressman Today in my office I had two of my tleman from Texas. CARTER, the Rangel rule, precedent dear friends, I had Coach Mike Pickett I would submit this idea, I would that if any taxpayer admits their mis- who came in and coached me in high rather call it the Geithner corollary take and pays their back taxes, no pen- school and another guy that I went to than the Rangel rule because it gets alty or interest should be assessed, es- school with, Mike Sorrow that Coach deeper, and when you think about how pecially if you’re up for an appointed Pickett coached, and they came in to much deeper it gets, it doesn’t quite position to be confirmed by the United talk to me just about some of the show on this poster. And I’m reaching States Senate, especially if America issues that we were facing up here. back and dusting off my memory can be convinced that your skills are One of the things that Coach Pickett But it strikes me that the employ- so valuable that out of 306 million peo- said was he said, I’m mad as heck. He ment that Tim Geithner was involved ple there isn’t a single soul that can said, they’re cutting my Social Secu- in reimbursed him for the taxes that he match up to the job that you might do, rity, and they’ve got a plan to cut $500 was going to have to pay from income regardless of the problem you might billion out of the Medicare, he said, tax liability, for the payroll tax, the have of being paid in advance to pay and we’ve got people in Congress that Social Security, Medicare, and Med- your taxes, cashing the check, putting is not even paying their taxes. And of icaid taxes, for the several years that into the equity account for your kids’ course he was talking about Chairman are listed there. The reports that I inheritance, and then along comes the RANGEL. We didn’t bring up Secretary have read—I believe it will also include old ‘‘uh-oh’’ from Georgia, that is, the Geithner, but I’m sure that would have The Wall Street Journal report—that ‘‘I guess I better pay my taxes’’ made him double mad. That would Tim Geithner was written a check by Geithner corollary. have made his blood pressure even his employer to be reimbursed in ad- Mr. CARTER. Reclaiming my time, worse to think that the Secretary of vance for the tax liability he would it’s kind of interesting that, back to the Treasury has got this kind of tax incur and signed an agreement mul- our other subject, talking about hold- concerns. tiple years in a row that he understood ing the Federal Reserve accountable, I go back to this, what Speaker that he had this tax liability. one of the suggestions was that the PELOSI said, you got to remember that So not only did he not pay the taxes Secretary of Treasury Tim Geithner be the U.S. Senate approved this gen- until the pressure was on—and they able to review the books of the Fed. tleman, confirmed him to be a member waived the penalty which, apparently, Probably the smartest thing the Fed of the Cabinet. they pre-applied the Rangel rule with said was, No, I don’t think that’s a This is the thing, Judge, that the Tim Geithner, but he had actually good idea, and maybe there’s some- American people are tired of. And I had profited by not paying his taxes be- thing to that. That may be the smart- one lady tell me the other day at a cause he had been reimbursed by his est thing the Fed has done in a long town hall meeting, she said, I’m sick employer in advance for the liabilities time. and tired of being sick and tired. And I that you see on the poster that Judge We have got another issue that’s think the American people as a whole CARTER has put up. been an issue for many of us, and GREG are sick and tired of being sick and So this is a bridge too far from my WALDEN and JOHN CULBERSON and tired of seeing how people in politics, standpoint. If you have a tax liability BRIAN BAIRD have introduced a bill, in elected office feel that they’re better and your employer’s writing you a House Res. 554, and they’re asking that than the average hardworking Amer- check to pay those taxes, you cash the each bill have 72 hours before you take ican person out there that is paying his check, put it in your kids’ retirement action. And this is not hard for us. We taxes. fund—I’m going to presume that’s what know what they’re talking about be- Now, I’ve had penalties assessed on happened. That’s any equity that we cause we have seen in this Congress bill me before. I think that probably most don’t spend when we die goes into our after bill after bill spending billions Americans have had penalties and in- kids’ retirement fund. And so you prof- and billions and billions of dollars that terest assessed to them for some reason it from this and avoid the taxes; that’s we get in the middle of the night to or another. This is unbelievable. In a double operation there. vote on the next day. And all they’re fact, we should be above even the least So I will label that Geithner cor- saying is, let’s do what, when Thomas bit of doubt of what we’re doing. He ollary to the Rangel rule, and that Jefferson wrote the rules of this body, should have paid the penalties anyway. would be if you’re nominated for a high still follows. He said they need 3 days If he had been late, he should have paid position of, let me say, confirmation before voting. That’s in Thomas Jeffer- the penalties and the interest. position before the United States Sen- son’s rules, which he wrote for this Many people may not know this, that ate, and you find yourself, you have a House, and they’re basically the same when they hear this name on TV, they tax problem, if you are able to settle rules we follow now, with some changes don’t understand that he is the Sec- this issue out of court and do so with- that have been made. retary of the Treasury. He is somebody out interest or penalty—he owed $17,230 All they’re asking to do is let’s do that is over IRS. And with these find- in taxes but they waived the penalty, what Jefferson said we ought to do in

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That is a for pushing this, along with GREG WAL- tory: NANCY PELOSI, November 16, 2006. piece of bipartisanship that this Con- DEN, the gentleman from Oregon, and I will say this: Yes, there were bills gress can pass that will leave a legacy the gentleman from Texas (Mr. that were hustled through this Cham- for a long time to come. CULBERSON). ber when Republicans were in the ma- And if we’re so afraid of the legisla- In full disclosure, my friend from jority, but I have never seen anything tion that might get passed that we Texas and Iowa, in full disclosure, quite as egregious as the cap-and-trade can’t give anybody an opportunity to when the Republicans were in charge, bill that came through this House of read it and we wonder why people go to we did the same thing. We rushed Representatives. That bill was pre- TEA parties in America, that’s why. things through, and Mr. BAIRD, the sented to the floor of the House, sched- They’re really uneasy about what gentleman from Washington, I think uled for debate the following day, and they’ve seen: $700 billion in TARP; has had this 72-hour resolution in be- at 3:09 a.m., a 316-page amendment— eight large private-sector corporations fore when we were in charge, and so my Mr. WESTMORELAND. A.m., a.m. nationalized; along with then a $787 bil- hat’s off to him for continuing to do Mr. KING of Iowa. Did I say a.m.? lion stimulus package rushed through this. I think he now has about 178 sig- Mr. WESTMORELAND. No, you said Congress—it had to happen right now— natures. Mr. WALDEN who has a dis- p.m. and sat on the President’s desk for 5 charge petition has got signatures. We Mr. KING of Iowa. I’m sorry, I meant days before he signed it, and still most need 218. to say 3:09 a.m. I appreciate that cor- of it is not spent. So if anyone were watching this, if rection. I must have had some kind of And with that, they watched cap- anyone were watching this and if we chronological dyslexia in order to come and-trade move through here in a could speak to them from this floor, I up with such a thing. hurry-up, rush job, when not one soul would say make sure your However, 3:09 a.m., 316-page amend- in this Congress or across this country Congressperson has signed this, be- ment, and I can say with great con- read the bill before it passed. And then cause I think this is very important fidence that no one read the bill. I they see a hurry-up rush for a national that not only the people voting on this don’t have to ask anybody in this health care act that takes away our have 72 hours to look at it but the peo- Chamber if they read the bill. I know freedom. ple that it’s going to affect. no one read the bill. I was here on the No wonder we have TEA parties. No I think sometimes we lose sight in floor engaging in the debate when Con- wonder the American people come out. this body that when we pass a law, it gressman GOHMERT from Texas asked a It’s just a wonder that they could be so doesn’t just affect the Members in this parliamentary inquiry and he said, peaceful, and we’ve ended up with al- Chamber. It affects all 300 million peo- Madam Speaker, is there a copy of the most no, let me say, almost no violence ple in this country, and so we need to enrolled bill in the Well? The answer of any kind in all the TEA parties that make sure that the people that are was kind of, maybe, sort of. And we we had. Respectful people that exer- going to be affected by the legislation looked at the kind of, maybe, sort of cised their right to freedom of speech that we’re passing has an opportunity stack of paper that was there, and and assembly and a right for redress of to read it. there was a basic bill of around 1,100 their grievances, and they did so in the Is everybody going to read it? I doubt pages, but the kind of, maybe, sort of traditional fashion envisioned by it very seriously. Are all the Members didn’t include the 316-page amendment. Thomas Jefferson himself. of this body going to read it? I doubt it And so after a few more inquiries, So many generations have taken very seriously, but at least they can be they pointed to another stack of paper- place since Thomas Jefferson, but his held accountable and we can be held work, and Congressman GOHMERT went wisdom remains, and I certainly sup- accountable for our votes, and people down to look at that paperwork, and he port H. Res. 554. Encourage everyone, saying, Well, you had 3 days to read it, came back and said, Madam Speaker, including the Speaker, to sign that dis- don’t tell me it was something you parliamentary inquiry, that is not even charge petition. Let’s get that thing out here on the floor, do the right would rush through. They’ve got 3 days the amendment. It was a different thing for Democrats and Republicans. to read it, and so I commend the gen- stack of paper. And so after 35 minutes of turning Mr. CARTER. Reclaiming my time, tleman from Texas (Mr. CULBERSON). the previous discussion that took a lit- I commend Mr. WALDEN for trying to this thing around, the most significant tle over an hour before we came to the do the discharge petition, and I think question was again asked by LOUIE GOHMERT of Texas, and there was a lot floor commending Senator Kennedy we have about five people from the mi- and his legacy, it seems to me that nority party that has signed that dis- of dialogue going on. JOE BARTON of Texas was engaged in this thing; I give when we’re talking about civility, charge petition, and I want to com- which is one of the things they talk mend them because that’s a courageous him that. And anyway LOUIE GOHMERT asked the question, after about 35 min- about, if we can get back to civility, I act on their part because, as we know think the 72-hour rule would have from being in the majority at one time, utes of suspension of the debate on the cap-and-trade bill, he said, Madam something to do with that. leadership does not like you signing Very quickly, I want to go to one Speaker, parliamentary inquiry: If the those discharge petitions. more thing and then I want to come House of Representatives passes a bill But this is something that needs to back and talk about ACORN. be brought to the floor. This is some- that doesn’t exist, is it possible to mes- We’re the czar champions of the thing that I think the American people sage a bill that doesn’t exist to the world. We have got more czars than the are entitled to have some account- United States Senate? Romanovs had in the entire history of Well, today we know it must be pos- ability for from their Members of Con- their dynasty, and our friend STEVE sible because we passed cap-and-trade, gress, and so this goes back to that I’m SCALISE, who was going to be here to- sick and tired of being sick and tired. a bill that didn’t exist, and it got mes- night but he got tied up and couldn’t And so we need to do this, and again, saged to the Senate, and I think it come, he’s got a bill to sunset these I hope that this is something that we probably began to exist sometime after czars. can get the discharge petition through it was messaged to the Senate. It was or, if not, that Speaker PELOSI would an appalling thing that the American b 2200 just bring this bill to the floor and let people would have to watch, and Thom- A czar is someone who heads a task us vote on it. as Jefferson has to be rolling over two force, a council, is appointed by the Mr. CARTER. I yield to my friend or three times. He spoke about a lot of President without the consent of the from Iowa. things, 72 hours, 3 days to read the bill. Senate, is excepted from the competi- Mr. KING of Iowa. I thank the gen- I also put out a great big pat on the tive service and does not have an exist- tleman from Texas. back for Congressman BRIAN BAIRD for ing removal date. Appropriated funds

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I bring up just one example, Israel. icy, because it seems to an awful lot of the car czar, and what has happened to We’ve seen in the last week this issue people in this country, the term ‘‘czar’’ the auto industry in this country. come to light with the instability in means absolute power, and they’ve cre- As I could tell, I expected when we that region, with the new facility that ated these positions of absolute power had these issues, that we have a com- was just discovered and made public on without any oversight. mittee, I believe it’s called Energy and Friday by the United States, Great I will start with my friend from Commerce, that would have dealt with Britain and her allies. This just rein- Georgia. the issues surrounding that industry. forces in the minds of many of us in Mr. WESTMORELAND. I thank my And yet everything that has happened Congress the importance of us remain- friend from Texas for yielding. in the car industry, of firing an execu- ing steadfast in making sure that the A czar is something that I’ve been tive from a private organization, to State of Iran, that country, does not getting a lot of questions about lately. taking over ownership of General Mo- receive a nuclear weapon and that we Everywhere I’ve been in Georgia’s tors, to dictating winners and losers in do all that we can to support our ally, Third Congressional District, I’m start- terms of the auto dealerships, all di- the State of Israel, and peace in that ing to get questions about the czars. rected under the leadership of a czar. region. People are wondering who these 34 or Frankly, I know that that’s the re- I was fortunate to be a part of a dele- 35 czars are. We have already had one sponsibility of Congress. We have a re- gation that traveled to Israel. In fact, exposed to the extent that he eventu- sponsibility to approach that carefully there were 25 Members who traveled ally resigned. and judiciously and make those types the first week of August to Israel on a People are starting to understand of decisions. The Constitution provided fact-finding trip; 25 Republicans, which more and more that these czars are us that authority and that responsi- was the largest delegation of Repub- being appointed by the President with bility, and the czars are just stepping licans ever to visit the State of Israel no confirmation by the Senate. And all over the Constitution. at once. The Republican delegation was they’re beginning to say, hey, how is Mr. CARTER. Reclaiming my time, led by our whip, ERIC CANTOR. The fol- this happening? What’s going on here? thank you. We feel real good when we lowing week the Democrats were led by How long are they going to serve? Do can call a colleague out of the dark. Majority Leader STENY HOYER, and my they work directly for the President? We’re glad you’re here. We are just understanding was there were over 30 Who are they accountable to? What if about to wrap up our time. Democrat Members who went on that they have some type of job that’s under Before we stop, I’m doing something trip, which is the largest number of Mrs. NAPOLITANO or under Geithner, or different today. We’ve been talking Democratic Members to travel to whatever? Who do they report to? about an awful lot. This is probably the Israel all at one time. What’s the deal? They would report di- most we’ve talked about in a single If you do the math, that’s over 50 rectly to the President. hour. As soon as this is over with, as Members, which is well over 10 percent And so we need, really, sunshine on soon as I walk across the street to my of the Congress traveling to that re- all the appointments, but especially, as office, if you go to www.house.gov/ gion within a 2-week period and I think the gentleman from Louisiana, H.R. carter, we’re going to have a live Web- underscores the importance that this 3569, at least a sunset on all these cast for the next hour-and-a-half where Congress believes that relationship is czars. This is something that the you can ask questions and make com- and the need for us to press for peace American people are very inquisitive ments about what we’ve talked about and the need for us to support our al- about. here, or anything else that’s bothering lies. I think that because of the number of you or that you’re concerned about, I I want to take some time to reflect these czars and because of some of the want to have it, so that you can tell on my views of what I learned on that really Communist views and really Congress what you think. I’ve already trip and some reflections of what I ultra left-wing views that some of started doing this. I enjoy it. I’ve al- learned on that trip. Also here tonight, these czars have that are being exposed ready got 300 questions waiting right I have one of my good friends and allies is just bringing more and more atten- now. I’m going to advertise a little bit who has joined me to share his experi- tion to it. And I think the American and welcome people to come to this ences as well. people want some accountability. I’ll Webcast. I would like to take this time to go back to the statement, they’re sick Mr. Speaker, how much time have I yield to my good friend, Mr. THOMPSON. and tired of being sick and tired of got left? Mr. THOMPSON of Pennsylvania. I more government being stacked on. The SPEAKER pro tempore. One thank my good friend from Illinois for We’ve got 10 percent unemployment minute. yielding and thank him for coordi- nationwide. We’ve got some areas with Mr. CARTER. Thank you, everybody, nating this time tonight when we truly 15, 16, 17, 20 percent unemployment. for participating. It’s most important do talk about our most important ally, The only jobs that are growing right you remember the subject of this con- a friend that we have and a good demo- now are in the Federal Government. versation, and that is the rule of law cratic friend in a very dangerous part That’s the only thing that’s growing. that holds this society together. Never of the world in the Jewish State of With that, Judge, I hope that any- forget. We’re all talking about rules Israel. body who could be watching might en- and laws and how they seem to be It was a privilege to be able to visit courage their Representative to look at stretched and violated. We’ve got to the country of Israel and to go with H.R. 3569. get back to the rule of law governing other colleagues, to go there with an Mr. CARTER. We’re just about to run this Nation. open mind and to be able to sit down out of time. We had a surprise guest I yield back the balance of my time. and to visit and talk face to face with come from the back of the room. Would f the President of Israel, with the Prime you like to tell us about the czars? Did Minister of Israel, to meet with the we stimulate you? ISRAEL military, to go into the West Bank and Mr. THOMPSON of Pennsylvania. The SPEAKER pro tempore. Under sit down with the Prime Minister of You sure did, Judge. I want to thank the Speaker’s announced policy of Jan- the Palestinian Authority and to look you for bringing this up. It’s just not uary 6, 2009, the gentleman from Illi- at the defense issues that Israel lives who these folks are that we don’t nois (Mr. SHOCK) is recognized for half with each day and has since the begin- know; it’s what they step on. I look at the remaining time until midnight. ning of that democratic nation; to visit this as sort of the fourth or the stealth Mr. SCHOCK. Thank you, Mr. Speak- all the borders on all sides of Israel and branch of government. er. to look out into, whether it was Jordan

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.096 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10063 or Syria or Lebanon, places where, at future threats to not just our country iations endured by Palestinians, but one time or different times during but to the country of Israel. And I did not mention the daily fears endured their short history where missiles thank my good friend for yielding. by the residents of Sderot as they go rained from and mortars came down on Mr. SCHOCK. Well, thank you for about their lives tethered to bomb men, women and children in that State your insights, and obviously I share shelters. of Israel. It’s a country that is very fa- those observations and would like to The President also crossed the border miliar and lives every day where de- take the opportunity to share some of between fact and fiction when he put fense is on their mind, and a strong de- my own. First, let me say that I settlement construction on a pedestal fense. thought the trip to Israel reinforced as the principal bargaining chip for what I had already known and that was b 2210 peace, thereby providing cover for Pal- that the Israeli citizens want peace. I estinian leaders to harden their opposi- In particular, it was striking to me saw this message on the faces of young tion to all construction in the settle- when we were in the southern part of soldiers. I’ve heard a passionate ments. This misstep was completely Israel, and we were overlooking the thoughtful cry for peace in Prime Min- unnecessary. It is well known that Gaza Strip. All the borders are being ister Netanyahu’s words, and I even Israel has no intention of building new relatively peaceful right now, but at prayed for peace with Israelis as they settlements. However, the nation also the Gaza Strip and just outside of this ended their prayers on Shabbat. has no intention of stopping normal small farming community of Sderot Furthermore, I found that like every life in the settlements; and, unfortu- where we looked and the leaders of nation in this world, Israel is a nation nately, the President inadvertently Israel chose, in a goodwill, good-faith of contrasts. Specifically, it is a land called for the latter. offer of peace, gave up what I thought hemmed by unambiguous borders, yet Admittedly, this is a difficult topic looked like a pretty good piece of real filled with lines that have been blurred for us to understand, and it was only estate that sat along the Mediterra- beyond recognition. New and old, the on my trip that I realized the line be- nean Sea, and that was the Gaza Strip. archeological and the militarily stra- They moved the citizens of Israel out tween Israeli parents and grown chil- tegic, the political and the religious dren is much more blurred than it is of there, and relocated them into other were all indistinguishably bundled to- parts of Israel in the hopes of obtaining here in the United States. I love my gether until each lost its own identity mother dearly, yet I do not wish to a lasting peace and long peace with the and had become part of the same inter- Palestinians; and in exchange, what have her live right next door to me. woven fabric. However, many Israelis want exactly they received is about 3,000 missiles Each day’s itinerary was packed with that. They want to walk to their fa- and mortars that came raining down life-changing events; the oppressive ther’s house for Shabbat and employ on them. heat that hit me every time I stepped their mother as a readily available and I think the most striking conversa- off the bus also seemed to also chal- reliable baby sitter. tion I had—and I know my good friend lenge all of my preconceived ideas was there—was with a young mom of a about Israel. And while I found our Settlements need what is referred to 9-year-old, and she had grown up in agenda to be filled with the study of as natural growth, but this term is a that farming community. Her grand- distorted lines, there were always misnomer. The settlements have no in- parents lived there. Her parents lived those stark borders which clearly sepa- tention of growing the geographic size there. She lived her entire life there, rated Israel from her neighbors and de- of their settlements. Instead, they and she lived through that time when lineated fact from fiction. want a natural filling in of the existing those missiles rained. She talked about I found this truth as we toured the land. They want their son to be able to how—and we saw as we were driving in Western Wall. As I watched old rabbis build a house on the vacant lot next to to Sderot bus stations that looked a press their heads against the blocks of their home. To deprive settlers of this little unusual but that was because Herod’s Temple, I found no ambiguous ability is to deprive them of living the they were designed also as bomb shel- lines. I was clearly standing at the Israeli lifestyle. I wish President ters. We saw the playground, which had foundation of modern Israel. Con- Obama had toured the Alfei Menashe a great piece of equipment sitting in it. versely, I did not hear Israel’s genesis settlement with us so he could have My kids are grown now, but my boys in the echo of my footsteps through the learned this lesson himself. The Presi- would have loved it. It looked like a solemn corridors of Yad Vashem. True, dent also needs to learn that the world giant caterpillar and kind of weaved I heard an irrefutable argument cannot preach from on high to Israel. around. But to look closer, it actually against the unforgettable atrocities When the President tours U.S. cities, was a bomb shelter for children that that happened when the world’s Jewry he does not encounter bus stops that they would run to whenever a missile does not have a land to call its own. double as bomb shelters. When he sees was launched and would soon be land- While important, Yad Vashem’s lesson groups of crowded students around the ing. does not speak to Israel’s birthright. White House, he does not see assault ri- Now from the time the siren sounds Plainly, Israel does not exist because of fles slung over the chaperone’s shoul- in Israel, they have about 20 seconds the Holocaust. ders. He does not live in fear. And due until that missile lands and explodes. Unfortunately, I believe President to these facts, the President does not That young mom I think put it so Obama crossed this unmistakable bor- have the capability to lecture Israel on striking for me. Her words I hear over der in his Cairo speech, linking the his- what she must do to keep peace or to and over again in my mind, Imagine tory of Israel not to the Western Wall make her citizens safe. yourself, you are a parent, and you are or Masada but to the actions of a mad Finally, I turn my attention to the driving down the road. That siren man. President Obama implied that largest topic facing Israel, the Iranian sounds, and you’ve got 20 seconds to Israel was thrown together to ease the threat. Using more than 7,000 cen- get to safety. You’ve got two children. guilt of a post-World War II Europe. I trifuges, Tehran has amassed enough They’re both strapped in car seats in find this absurd. One can easily trace uranium to produce a nuclear device. the back seat. Which one do you pick? the tenacity of Masada straight At their current pace, Iran would be I think we take for granted our safe- through 2,000 years of history to the able to produce two more atomic weap- ty and security in this country. We cer- weary resolution on the faces of David ons each year, provided they find ways tainly have had our attacks here. Rubinger’s famous photo ‘‘Para- to further enrich this fuel. Never be- We’ve been relatively safe since 2001 troopers at the Western Wall.’’ fore—not India, not Pakistan, not even because of the measures that were Israel does not date to the instability North Korea—has a group of criminals taken by President Bush and by the caused by Adolf Hitler, but to the sta- so defiant of international law had Congress at that point, and we have bility engendered by Abraham. Addi- such destructive capability; and as the not experienced another attack on our tionally, the President spoke of mutual people of Iran have become more vocal soil in those 8 years. But we certainly respect but failed to show the Israelis in their pleas for responsible leader- have issues that I look forward to talk- the same respect he displayed to Pal- ship, the ayatollahs have become more ing about further tonight in terms of estinians. He spoke of the daily humil- erratic and unpredictable.

VerDate Nov 24 2008 06:18 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.097 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10064 CONGRESSIONAL RECORD — HOUSE September 29, 2009 As such, we must quickly and deci- if one attacked, the other would retali- nonetheless, Lord Chamberlain and sively act to end this danger. Without ate, we are now dealing with a regime others agreed to let him have it. And a doubt, the United States has failed to that is not a socialist state like Russia we know that today as a policy of ap- do enough to stop Iran from becoming but a religious state, whose leader es- peasement. a proud owner of the bomb. It is true, pouses no fear of death but rather a He also said that he actually went Congress has taken a multitude of clearly defined goal to destroy the there for the purpose of honor and votes on this issue. However, the ma- state of Israel. This threat must be at peace. And then Winston Churchill, jority of these were simply press re- the center of our President’s and who was in the Parliament, replied leases disguised as legislation. To right Congress’s attention for the sake of that he went there for honor and peace this wrong, I have added my name in Israel’s security but also for the sake but he returned with neither. Because support of multiple bills this year to of our own. we know that within months, Hitler strengthen sanctions against Iran. Settlements, the West Bank, and a began a very aggressive campaign and By no means are these pieces of legis- President who seems more interested went on to, of course, not only take lation sufficient. The United States in giving dictation rather than pro- Czechoslovakia but also Poland. And, must use every unilateral and multi- viding assistance—when spoken aloud, of course, as we say, the rest is history. lateral tool it has at its disposal to cut these problems seem rather insur- And what is that history? The his- off Iran economically, diplomatically, mountable. I believe they are not. tory is that there were 20 million peo- and politically until this shadow of a There is a path to peace which is as ple killed during World War II, Mr. state abandons its diabolical goals. clear as the border formed by the secu- Speaker; 6 million of them were Jews. rity barrier. We only need to have the b 2220 And in visiting the Holocaust Museum courage to take the first step on this in Israel, in Jerusalem, Yad Vashem, These actions can only help Iran path by ensuring Israel has our undeni- something very interesting, I think, make the decisions sooner. Iran must able support. occurred in my mind that I never see it can stand with peace, prosperity, Fortunately, we are not alone. The thought about until it was brought out. and the international community, or it vast majority of Americans support We saw a lot of very interesting can continue to live in squalor and ob- Israel. We recognize that Israel stands things there. A lot of personal stories scurity, relegated to the trash heap of as a lone beachhead of democracy in about families who were broken apart, the international community with the the Middle East. We know that we take most of whom died in the Holocaust, other juntas, regimes, and cabals. our security for granted and do not people who were in death camps, a lot When I think about the threat of judge those who are not afforded this of personal letters and books and eye- Iran, I am reminded of the saying that luxury. In short, regardless of the glasses and things like that that told those who do not study history are des- muted lines within Israel, we know individual stories. We know the factual tined to repeat it. I’m reminded of my where the stark borders between our parts of this. We have all seen the doc- tour of Yad Vashem. I recall an eerily supporters and detractors are in the umentaries that talked about the gas similar declaration to annihilate Jews. Middle East. chambers and the ovens. And we, of I remember a leader who perverted a During our meeting with Shimon course, have heard about and read religion to justify his actions. And I Peres, he said, ‘‘Israel and her neigh- about the Final Solution and Hitler’s am reminded of the famous British bors seem to be able to live in peace. attempt to take executing human Parliamentarian Edmund Burke, who We just have a problem writing it beings to a whole new scientific level, once said, ‘‘The only thing necessary down.’’ which he was able to achieve. Nothing for the triumph of evil is for good men Focusing on the real threats to peace before and nothing since has been done. to do nothing,’’ which is exactly what and democracy around the world, re- But the important thing, Mr. Speak- too many Christian leaders did in that quiring leadership on the part of the er, about this that we must understand day: nothing. Arab states to root out terrorists with- that really teaches us a second lesson This eerie similarity exists today, in their borders, and continuing to sup- today: The first one being the danger of not with a leader who quotes the Bible port and stand by our ally in the re- appeasement, but the second is that but with one who quotes the Koran. His gion, as, Mr. Netanyahu definitively while the Jews were being carted off to comments echo those of Hitler’s; his stated, ‘‘With God’s help, we will know the death camps, and, of course, many stated goal is the same. no more war. We will know peace.’’ of them attempted to reach safe harbor So what is necessary for peace? I With that I yield to my good friend in the United States and many other would contend that there will be no from the state of Louisiana, Dr. FLEM- countries and were denied that and, in peace until leaders around the world ING, for his impressions of his trip to fact, in many cases were thrown out of regardless of faiths denounce such com- Israel and the state of the region there other countries, there was no one to ments, until leaders within the Muslim in the Middle East. speak up for the Jews. No one, not even community reject this rhetoric, and Mr. FLEMING. I thank my friend and the United States. Even we have the until leaders of the Islamic states shun the gentleman from Illinois (Mr. blight of having turned our backs on such hate speak within their borders. SCHOCK). the Jews. And there was no state, there Whether someone builds a second ga- The three of us here this evening was no country to speak up for the rage or a second home within a defined spent really an awesome time in Israel Jews, who at that time lived in many community is not what stands between during August. But I want to take you places of the world. And because of war and peace. A community of citi- back in time, Mr. Speaker, in history that, after World War II and all the zens who pervert a religion to justify 71 years to today. Literally 71 years to countries began to come together, it hate and murder are what stand in the today, and what we see in the news- was decided that the Jews would have way of peace. This is precisely what we reels. And that was that Lord Cham- their own homeland. should all fear. It was radical Islamic berlain waved a stack of papers in front terrorists who attacked the United of the camera and he uttered, We have States on September the 11th, who peace in our time. And what was he b 2230 blew up subways in the UK. This ide- talking about? He had just come from And of course we know that the U.N. ology is the true barrier to peace. a meeting with Herr Adolph Hitler, and provided for that, and what was then I am reminded of a note that was left along with France and a few other na- called Palestine today is called Israel. by the terrorists in Spain during the tions, but not Czechoslovakia, they had Israel is a state, and that’s so impor- Madrid bombings. They said, ‘‘We will come to an agreement to cede to Hitler tant because now Jews have a country win and you will lose. Because you love the Sudetenland, which at that time to stick up for them. They have a peo- life, and we seek death.’’ was the strategic part of Czecho- ple who will never back down from an Therein lies the real problem with slovakia that was so necessary for evil dictator like Adolf Hitler. They Iran. Unlike the threat of mutual de- their protection. He ceded that. Of will stand up for their people, and they struction during the Cold War with course, Hitler claimed that it was will stand up as our ally against these Russia and the U.S., both knowing that mostly populated with Germans, but, things.

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.099 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10065 But the interesting thing is it’s often Jews occupied this land as far back as Mr. FLEMING. Yes, sir. said that what we don’t learn from his- 3500 B.C. Islam didn’t even come into Mr. THOMPSON of Pennsylvania. It tory is destined to repeat itself. And existence until thousands of years struck me that many of those settle- what we have today is a Hitler-like fig- later, and in fact, we know that Chris- ments are in strategic locations. ure, Mr. Speaker, of course, tianity started even before Islam. They’re high ground from which terror- Ahmadinejad, who is saying many of So of course there have been three ists, the Palestinians, lobbed missiles the same things that Adolf Hitler said major religions that have existed there and rockets onto the men, women, and in those days, giving the same threats. and still exist there today, and as far children of Israel. And those were Very few people took Hitler seriously as I’m concerned, they can exist there taken as a part of the war in 1948, and when he said that he intended to kill forever. But I think that there’s no frankly, they’re extremely important the Jews, and that is what he did. Now reason to think that there isn’t a le- areas to hold on to. we have Ahmadinejad who is making gitimate right for Israel to claim that I kind of think of the—as I think the same statements, and we watch be- as its own state. about our President, President Obama, fore our very eyes he’s building a nu- And in summary—and this is, I dictating onto the Israeli nation that clear arsenal. think, to kind of tie it all together, Mr. they should give up the space, it’s a lit- And what are we doing, Mr. Speaker? Speaker—we talked about the issue of tle bit like somebody coming to us and Well, we are talking about sanctions. the two-state solution, and Mr. saying, okay, now you need to give And how effective are these sanctions Netanyahu believes that is the way to back New Mexico, California, and Ne- going to be when it’s necessary to have go. We should have two states: a Pales- vada to the sovereign nation of Mexico. Russia and China to help us with that? tinian state and a Jewish state. But re- We wouldn’t stand for that. I would And of course, all we are getting from member that Israel is a democracy, and certainly hope that the sovereign na- them is rhetoric. In fact, the only just simply by being outgrown by Pal- tion of Israel would not stand for that thing structurally that’s been done in estinians or Muslims, it could lose its as well. all of this discussion is we’ve given up status as a Jewish state. And I think Mr. SCHOCK. Will the gentleman missile defense in the Czech Republic that it’s essential that we not only sup- yield? and in Poland. So we are already begin- port this two-state solution in sup- Mr. THOMPSON of Pennsylvania. ning the appeasement process in this porting Israel, but that we support the Yes. world while we have another Hitler- right for Israel to exist as a Jewish Mr. SCHOCK. Okay. To your point, I like figure out there beginning to plan state and always will. think what you’re suggesting is, num- Mr. THOMPSON of Pennsylvania. the destruction of the Jews once again. ber one, should any of these properties Will the gentleman yield for a ques- So I think we need to stand, Mr. be, quote, given back or surrendered, Speaker, with our brothers and sisters tion? Actually, both of my colleagues. When we were there, we had an op- but, number two, should that really be in Israel, in their protection. Because portunity to visit a number of the set- the focus of our effort towards peace. in as much as Israel is so capable of tlements, and I have been distressed It seems to me a little disingenuous taking care of itself—we all know just that our President, President Obama, on the part of our administration to what a small strip of land that is—and has been almost dictating that Israel suggest that somehow what stands be- while Israel can protect itself in many give up part of its sovereign nation, tween the current situation and a path ways, there is no way that Israel can these settlements. We were there. We road to peace is the issue of settle- protect itself from an intercontinental walked them. We saw the strategic lo- ments is really a misnomer. ballistic missile with a nuclear war- cation of them. The reality is the State of Israel has head, and that is precisely what Iran is I wanted to get your impressions of shown throughout their history that doing today. what your thoughts were. Should Israel they are the ones who have bargained And apart from that, Iran is export- give in to that direction and give up its in good faith and time and time again ing terrorism around the world. We sovereign land, those settlements that shown a willingness to give up lands as know that Hamas and Hezbollah; we, it has today? they have and only to their own peril; know that al Qaeda—who is providing Mr. FLEMING. If the gentleman will as you mentioned, what you saw in al Qaeda, Mr. Speaker, with the weap- yield back, I will just simply say that Sderot with the bomb shelters and the ons they are using to kill our own sons my first impression beyond the fact people who have suffered as a result of and daughters? Again, it’s Iran. So Iran that Israel is such a lovely country—I them giving up the Gaza Strip. is emerging as, I guess—Ahmadinejad mean, just gorgeous, right in the mid- But the issue of Israel willing to give and certainly the mullahs behind him, dle of the desert next to the Mediterra- up this settlement or that settlement are really, I think, showing a tremen- nean Sea. And of course we were able or redraw the boundaries, you and I dous parallel to pre-World War II Ger- to see the Dead Sea and many sites both heard from Netanyahu’s own many. that are holy to us as Christians. But words that they’re not wedded to any And I think that we need to learn just how small that country is, like a set boundary. But what we also heard from the lessons of the past, and that postage stamp, as narrow as 5 miles at was out of the lips of the Prime Min- is that number one, we should never its waist. And we saw a patchwork of ister of the Palestinian Authority, allow a policy of appeasement. It never villages, one being Palestinian and one which was his unwillingness to accept gets peace and it never gives honor. It being Jewish, all throughout the coun- Israel as a Jewish state. always leads to war. It’s always a mat- try. b 2240 ter of people overseas, folks who really And even though, often cases there are out for the destruction of others, it were checkpoints and there were fences Therein lies the real problem with gives them an opening to attack other between them, you couldn’t really see the pathway to peace and a two-state countries. that. All you could see looking over is solution: the Palestinians’ unwilling- And then secondly, never again you would see evidence of a Palestinian ness at this point to recognize Israel as should Israel be without its own coun- village and you would see evidence of a a Jewish state. I would only also add try and certainly without its friends Jewish village all sitting there peace- that while we are talking about settle- around the world. Never again should fully. It’s almost difficult to believe ments, Iran continues to march to- we have a situation, Mr. Speaker, as we how much war and how much violence wards acquiring a nuclear weapon. did during World War II that was a hol- has existed there for so long. While I certainly respect this adminis- ocaust which, of course, we know that And of course with that we visited tration’s plans to begin talks and to Ahmadinejad denies to this day. Sderot, which is, I guess, a flash point negotiate and to try and solve this dip- And there are many that say, look, where there have been rockets hurled lomatically, I would remind the Amer- this is just a little strip of land out and that sort of thing. ican people, and my colleagues here, there in the middle of the desert. So I think that was really what I that this is the same administration You’ve got Arabs out there and you’ve found to be very impressive. that we want to talk to that has lied to got Jews and they’re fighting over this Mr. THOMPSON of Pennsylvania. If the international community and hid- land. Really, if you think about it, the the gentleman will yield. den from them a nuclear facility which

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.101 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10066 CONGRESSIONAL RECORD — HOUSE September 29, 2009 the world was just made aware of last idea. Only 1 year since Russia invaded Does it make sense to unilaterally dis- week. Georgia and 70 years to the day since arm yourself while your potential en- So I would only question the sin- the Soviet Union invaded Poland, the emies, and I would say in this case cerity and the ability for us to truly administration has announced the dis- with Iran, our enemy, because they are negotiate with trust with this regime mantling of one our most important killing our men and women through who up until last weekend we were not missile defense systems at the expense their proxies and through their surro- even aware of an additional nuclear fa- of our allies. gates and their weapons. Why in the cility. So it’s very alarming. I will tell Mr. Speaker, the abandonment of the world would we be doing that when in you, I don’t know what my distin- European missile defense site, which fact we have a growing threat from guished colleagues here feel, but we could have protected the homeland of them? have two bills that are still in this the United States against Iranian long- And going back to Israel, it seems Chamber, H.R. 2194, which is the Iran range missiles, is unacceptable. As I that wherever you see the U.S. mili- Refined Petroleum Sanctions Act, and was talking with one of the Chairs of tary around the world, peace breaks then the Iran Sanctions Enabling Act, our missile defense caucus in this body, out. You look at World War II, troops which was H.R. 1327. Both of those bills he described to me that there are plans were in Japan, troops were in the Phil- have a majority of Members of Con- for a better system to be put in place. ippines, they were in France, they were gress supporting it. And it just seems However, that new missile defense in England and Germany. All those to me a shame that this body has not program will not be operational until countries now are very peaceful democ- acted on that legislation to put an- 2018 or 2020. And while we do have other racies. And of course we went into Iraq, other tool in the chest of President missile defense shields in place that and Iraq is evolving into an oasis, if Obama as he goes forward to negotiate will remain, he described it like this: you will, of democracy, as is Israel. with Iran, the fact that these sanctions it’s like trying to bring down an air- So it seems to me that we need to are there if and when they become nec- plane with a baseball. He supposed it stay on the same post-World War II essary to use. could be possible, but it’s a one-in-a- course of certainly using Theodore And I would just yield back. million chance. When you think of Roosevelt’s old philosophy, ‘‘speak Mr. THOMPSON of Pennsylvania. I intercontinental ballistic missiles that softly but carry a big stick,’’ rather thank the gentleman. I certainly thank travel the speed of 10,000 miles per than using a lot of rhetoric about all you for naming those pieces of legisla- hour, to me it’s unacceptable at this the things that we want to do and all tion. They are extremely important. point in time in our history when we the sanctions we want to take and yet They do have the large support of this have threats that sometimes come disarm ourselves and our friends at the entire Chamber. from other countries, such as Iran, same time. I would ask the Speaker support that sometimes from terrorists that hold no Certainly, one only has to ask around bill and to bring that bill to the floor national identity, and it’s alarming to the world who is happy with this right so that we can do the right thing by me that we are taking down this mis- now and who isn’t. Well, it turns out this most important ally that we have sile defense program. our friends are unhappy with us and in the Middle East and would serve the Mr. FLEMING. Would the gentleman our enemies are happy with us all the needs. I think what you have talked yield on that point? way from Venezuela to Iran to Russia. about tonight really most recently ad- Mr. THOMPSON of Pennsylvania. They are all happy with everything dresses the most immediate threat in Please. we’ve been doing lately and the deci- Israel and I think the most immediate Mr. FLEMING. I appreciate the gen- sions our President has been making. threat to the United States, and that is tleman pointing out the fact that what We found out while we were in Israel the situation in Iran. we are doing in fact is removing a mis- that the President has a 4 percent, yes, Mr. Speaker, Iran has recently re- sile shield that is just before deploy- 4 percent favorability rating. They are vealed the development of a secret nu- ment, that would go into the Czech Re- very unhappy with his position on Iran clear facility. And Iran’s admission of public, that would go into Poland. It right now and also on the Palestinian the operations of a secret nuclear facil- would be, of course, subsurface. It question. ity is a serious problem and a serious would be something that would help So I think that it’s certainly nice to threat. While this new revelation is defend much of that region of the coun- be liked overseas; but when you’re alarming, it’s not unexpected. Iran has try, including 80 American military liked by your enemies and also of deceived the world time and time bases; and, instead, we are going to ex- course Poland and the Czech Republic again. And any attempts to assure the change it for a whole different, a ship- are unhappy with us right now because world that their nuclear program is based system which requires, first of we left them in the dust after agreeing peaceful should be seen for what it is, all, a lot of development that is not yet to put a missile shield there and then and that is just another lie. in place. pulling out after they’ve gone out on a Now, Mr. Speaker, it’s time to im- As you point out, it is going to be an- limb for us, I think we are going, Mr. pose meaningful sanctions on the Ira- other decade before it will even be ca- Speaker, in the wrong direction in the nian Government. We have legislation pable. It would require ships being in way we deal with our friends and our that has been drafted and introduced exactly the right place at the right enemies in and around this question of and has the support of the majority time. And it also begs the point: If Iran Iran and the nuclear weapons that they Members of this Chamber. We must not is developing nuclear material just for have. continue a foreign policy that extends civilian purposes, why do they need all With that, I will yield back to my a hand of cooperation to our enemies of this rocketry ability? They just ran friends. while they continue dangerous acts of a test, a three-rocket test, one of which deception. If the nuclear facility was had a range of 1,500 miles. Now why do b 2250 designed for civilian purposes, we have you need that? I’m pretty sure Iran is Mr. SCHOCK. Well, I agree, and it’s to ask, why did Iran conceal its exist- not planning to go to the Moon. So for why it’s so important that we impress ence? what purpose is that? on this body the importance that we We must impose meaningful sanc- And what is also, I think, ironic is take up the legislation that we men- tions on the threat that endangers the the fact that our President is talking tioned earlier dealing with sanctions, safety of American citizens and Amer- about renewing the STAR treaty and but also, we raise this issue in this ica’s allies. Now, the confirmation of taking our already reduced nuclear body. this secret nuclear facility is troubling, weapons down to an even lower level. If You know, we’ve been so focused on especially to me at a time just days we do this with Russia at the same the issue of health care the last couple after the Obama administration an- time as there are more countries than of months, and while this is an impor- nounced plans to abandon the place- ever that have more nuclear weapons tant issue that the President has made ment of a missile defense system in the and more capability to deliver those throughout the past year, the reality is Czech Republic and Poland and all be- weapons than ever, so again it goes we need to look no further than Sep- cause Russia was not happy with the back to the appeasement question: tember 11 to know that, if this country

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.102 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10067 is not safe, if your allies are not safe, reverse it. Russia is a very significant extend their remarks and include ex- and that if terrorism is allowed to trading partner with Iran. They’re pro- traneous material:) breed around the world, that really viding Iran with a state-of-the-art SAM Mr. POE of Texas, for 5 minutes, Oc- nothing else matters, and that nothing missile system which is going to close tober 6. can be more detrimental to our econ- the window for the capability of Israel Mr. JONES, for 5 minutes, October 6. omy and our way of life than for ter- to potentially attack Iran’s nuclear fa- Mr. INGLIS for 5 minutes, today. rorism to breed, to be successful and, cilities if that needs to be done, which Mr. BISHOP of Utah, for 5 minutes, ultimately, be able to attack democ- is all the more important why deci- September 30. racy, as we saw with our markets here sions are having to be made at an even Mr. DUNCAN, for 5 minutes, today. after September 11, the great job loss, faster pace. (The following Members (at their own the great tumble that it took as a re- So, once again, I thank Mr. SCHOCK request) to revise and extend their re- sult of the attacks of September 11. for bringing us together for this hour. marks and include extraneous mate- We need to remain vigilant in not Mr. SCHOCK. I thank Dr. Fleming rial:) only keeping our country safe but also for being here. Mr. DELAHUNT, for 5 minutes, today. supporting the allies around the world, Mr. THOMPSON of Pennsylvania. I Mr. SMITH of Texas, for 5 minutes, and I think it’s why my friends here to- also want to thank my good friend today. night have spent some time talking from Illinois and my good friend from f about this important issue, which has Louisiana for being here tonight on been raised last week by the discovery this important topic. ENROLLED BILLS SIGNED of this facility, that the State of Iran I mean, the Constitution, when we Lorraine C. Miller, Clerk of the has attempted to keep from the inter- were sworn in which seems like a life- House, reported and found truly en- national community. time ago back in January, we placed rolled bills of the House of the fol- And one has to ask the question: our hand on the Bible, raised our hand, lowing titles, which were thereupon why? If their intentions are what they and we swore to uphold and defend that signed by the Speaker: say they are, if their intentions are Constitution. And within that, one of H.R. 3607. An act to amend the Internal pure and simple, if their intentions are the first responsibilities is for common Revenue Code of 1986 to extend the funding non-nuclear or non-weapons grade, if defense. That’s the first, and I think and expenditure authority of the Airport and their intentions are simply to provide the most responsibility that we have as Airway Trust Fund, to amend title 49, United energy to their people, certainly that Members of Congress is our safety and States Code, to extend authorizations for the is not something that requires the dark security, and certainly, this issue is airport improvement program, and for other of night or secret. That is something one that is all about safety and secu- purposes. that you would think one would be H.R. 3614. An act to provide for an addi- rity. tional temporary extension of programs happy for full disclosure. Frankly, history shows, and we under the Small Business Act and the Small And our own estimates suggest that know, that a strong defense is a strong Business Investment Act of 1958, and for the centrifuges in that facility are not deterrent. We want peace. We pray for other purposes. designed to produce energy-grade ura- peace. I long for a day when the whole f nium but, rather, weapons-grade ura- world is at peace, but we know that we nium. And so I think it adds to the need a strong defense in order to serve ADJOURNMENT doubt in many of our minds and the as a deterrent to achieve peace. And Mr. SCHOCK. Mr. Speaker, I move concern for our President to move I’m hopeful that we will see the day that the House do now adjourn. rather quickly for, if not this facility, that—and I believe it was the President The motion was agreed to; accord- perhaps some others that we don’t of Israel, Shimon Peres, who said he ingly (at 10 o’clock and 57 minutes know about that are still out there. longs for a day when rising out of the p.m.), the House adjourned until to- So I thank the gentlemen for being desert we see buildings and not mis- morrow, Wednesday, September 30, here tonight and sharing their perspec- siles and that we know the economic 2009, at 10 a.m. tives of our trip to Israel and also im- impact and that we have peace that we pressing on the public the importance can also cherish. f of us taking up the issue of Iran and So I thank Mr. SCHOCK for coordi- EXECUTIVE COMMUNICATIONS, dealing very swiftly with sanctions nating this evening. ETC. and, if not sanctions, supporting Mr. SCHOCK. I thank Mr. THOMPSON. Under clause 2 of Rule XXIV, execu- Israel’s efforts to stop a nuclear Iran. f Mr. FLEMING. I would just say I tive communications were taken from would like to thank Congressman LEAVE OF ABSENCE the Speaker’s table and referred as fol- lows: SCHOCK for having this Special Order By unanimous consent, leave of ab- hour this evening so that we could talk sence was granted to: 3838. A letter from the Acting Associate Administrator, Department of Agriculture, about this important issue, and it’s one Mr. ABERCROMBIE (at the request of that we’re going to be talking about a transmitting the Department’s final rule — Mr. HOYER) for today and until 5 p.m. Country of Origin Labeling of Packed Honey lot more in the coming days because September 30. [Doc. No.: AMS-FV-08-0075; FV-08-330] (RIN: it’s pretty apparent that all of these Mr. BACA (at the request of Mr. 0581-AC89) received August 25, 2009, pursuant issues are beginning to line up. They’re HOYER) for September 25 on account of to 5 U.S.C. 801(a)(1)(A); to the Committee on beginning to stack up very rapidly. legislative business. Agriculture. And of course, the issue that we f 3839. A letter from the Administrator, De- know our friends and Israel are facing partment of Agriculture, transmitting the is that if we are unable to bring the SPECIAL ORDERS GRANTED Department’s final rule — Nectarines and Iranians to the negotiating table or to By unanimous consent, permission to Peaches Grown in California; Changes in Handling Requirements for Fresh Nectarines have sanctions that work, then they’re address the House, following the legis- and Peaches [Doc. No.: AMS-FV-08-0108; still the last option left on the table, lative program and any special orders FV09-916/917-1 FIR] received August 25, 2009, which they reserve the right as a sov- heretofore entered, was granted to: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ereign Nation to do, and that is, poten- (The following Members (at the re- mittee on Agriculture. tially take out the nuclear facilities in quest of Mr. LIPINSKI) to revise and ex- 3840. A letter from the Administrator, De- Iran. tend their remarks and include extra- partment of Agriculture, transmitting the We pray that it doesn’t come to that, neous material:) Department’s final rule — Grapes Grown in a Designated Area of Southeastern California; but it has already of course in Syria Ms. WOOLSEY, for 5 minutes, today. Decreased Assessment Rate [Doc. No.: AMS- and Iraq back in the Hussein days, and Ms. KAPTUR, for 5 minutes, today. FV-08-0107; FV09-925-2 FIR] received August we are looking for peaceful solutions. Mr. LIPINSKI, for 5 minutes, today. 25, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to But we have counterweight around the Mr. GRAYSON, for 5 minutes, today. the Committee on Agriculture. world in Russia and China that as soon (The following Members (at the re- 3841. A letter from the Administrator, De- as we try to do one thing they want to quest of Mr. POE of Texas) to revise and partment of Agriculture, transmitting the

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K29SE7.103 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H10068 CONGRESSIONAL RECORD — HOUSE September 29, 2009 Department’s final rule — Apricots Grown in the Board’s Annual No FEAR Report to Con- August 25, 2009, pursuant to 5 U.S.C. Designated Counties in Washington; De- gress for Fiscal Year 2008, pursuant to Public 801(a)(1)(A); to the Committee on Ways and creased Assessment Rate [Doc. No.: AMS- Law 107-174, section 203; to the Committee on Means. FV-09-0038; FV09-922-1 IFR] received August Oversight and Government Reform. 3863. A letter from the Deputy Associate 25, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 3853. A letter from the Director, Office of Commissioner, Office of Regulations, Social the Committee on Agriculture. Personnel Management, transmitting the Of- Security Administration, transmitting the 3842. A letter from the Administrator, De- fice’s report entitled, ‘‘Federal Student Loan Administration’s final rule — Attorney Advi- partment of Agriculture, transmitting the Repayment Program FY 2008’’, pursuant to 5 sor Program Sunset Date Extension [Docket Department’s final rule — Onions Grown in U.S.C. 5379(a)(1)(B) Public Law 106-398, sec- No.: SSA-2009-0023] (RIN: 0960-AH01) received South Texas; Decreased Assessment Rate tion 1122; to the Committee on Oversight and August 25, 2009, pursuant to 5 U.S.C. [Doc. No.: AMS-FV-09-0044; FV09-959-2 IFR] Government Reform. 801(a)(1)(A); to the Committee on Ways and received August 25, 2009, pursuant to 5 U.S.C. 3854. A letter from the Staff Director, Com- Means. 801(a)(1)(A); to the Committee on Agri- mission on Civil Rights, transmitting notifi- 3864. A letter from the Acting Deputy As- culture. cation that the Commission recently ap- sistant Administrator, U.S. Agency for 3843. A letter from the Administrator, De- pointed members to the Virginia Advisory International Development, transmitting the partment of Agriculture, transmitting the Committee; to the Committee on the Judici- Agency’s thrid fiscal year 2009 quarterly re- Department’s final rule — Irish Potatoes ary. port on unobligated and unexpended appro- Grown in Colorado; Modification of the Han- 3855. A letter from the Program Analyst, priated funds, pursuant to Public Law 111-8, dling Regulation for Area No. 2 [Doc. No.: Department of Transportation, transmitting section 7002; jointly to the Committees on AMS-FV-08-0094; FV09-948-1 FIR] received the Department’s final rule — Amendment Appropriations and Foreign Affairs. August 25, 2009, pursuant to 5 U.S.C. to Restricted Areas R-5103A, R-5103B, and R- f 801(a)(1)(A); to the Committee on Agri- 5103C; McGregor, NM [Docket No.: FAA-2009- culture. 0770; Airspace Docket No. 09-ASW-20] (RIN: REPORTS OF COMMITTEES ON 3844. A letter from the Administrator, De- 2120-AA66) received September 18, 2009, pur- PUBLIC BILLS AND RESOLUTIONS partment of Agriculture, transmitting the suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department’s final rule — Olives Grown in mittee on Transportation and Infrastruc- Under clause 2 of rule XIII, reports of California; Increased Assessment Rate [Doc. ture. committees were delivered to the Clerk No.: AMS-FV-08-0105; FV09-932-1 FIR] re- 3856. A letter from the Program Analyst, for printing and reference to the proper ceived August 25, 2009, pursuant to 5 U.S.C. Department of Transportation, transmitting calendar, as follows: 801(a)(1)(A); to the Committee on Agri- the Department’s final rule — Airworthiness Mr. RAHALL: Committee on Natural Re- culture. Directives; Boeing Model 747 Airplanes sources. H.R. 685. A bill to require a study of 3845. A letter from the Administrator, De- [Docket No.: FAA-2009-0136; Directorate the feasibility of establishing the United partment of Agriculture, transmitting the Identifier 2008-NM-171-AD; Amendment 39- States Civil Rights Trail System, and for Department’s final rule — Grapes Grown in a 16022; AD 2009-19-05] (RIN: 2120-AA64) received other purposes; with amendments (Rept. 111– Designated Area of Southeastern California September 18, 2009, pursuant to 5 U.S.C. 267). Referred to the Committee of the Whole and Imported Table Grapes; Relaxation of 801(a)(1)(A); to the Committee on Transpor- House on the State of the Union. Handling Requirements [Doc. No.: AMS-FV- tation and Infrastructure. Mr. RAHALL: Committee on Natural Re- 08-0106; FV09-925-1 FIR] received August 25, 3857. A letter from the Program Analyst, sources. H.R. 2442. A bill to amend the Rec- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting lamation Wastewater and Groundwater Committee on Agriculture. the Department’s final rule — Airworthiness 3846. A letter from the Acting Adminis- Directives; Airbus Model A300, A310, and Study and Facilities Act to expand the Bay trator, Department of Agriculture, transmit- A300-600 Series Airplanes [Docket No.: FAA- Area Regional Water Recycling Program, ting the Department’s final rule — Cotton 2009-0292; Directorate Identifier 2008-NM-011- and for other purposes (Rept. 111–268). Re- Board Rules and Regulations: Adjusting Sup- AD; Amendment 39-16011; AD 2009-18-15] (RIN: ferred to the Committee of the Whole House plemental Assessment on Imports (2009 2120-AA64) received September 18, 2009, pur- on the State of the Union. Amendments) [Doc. #: AMS-CN-09-0015; CN- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. RAHALL: Committee on Natural Re- 09-002] received August 25, 2009, pursuant to 5 mittee on Transportation and Infrastruc- sources. H.R. 2950. A bill to direct the Sec- U.S.C. 801(a)(1)(A); to the Committee on Ag- ture. retary of the Interior to allow for prepay- riculture. 3858. A letter from the Program Analyst, ment of repayment contracts between the 3847. A letter from the Acting Adminis- Department of Transportation, transmitting United States and the Uintah Water Conser- trator, Department of Agriculture/Agricul- the Department’s final rule — Airworthiness vancy District; with an amendment (Rept. tural Marketing Service, transmitting the Directives; Saab AB, Saab Aerosystems 111–269). Referred to the Committee of the Department’s final rule — User Fees for 2009 Model SAAB 340A (SAAB/SF340A) and SAAB Whole House on the State of the Union. Crop Cotton Classification Services to Grow- 340B Airplanes [Docket No.: FAA-2009-0447; Mr. RAHALL: Committee on Natural Re- ers [Doc. #: AMS-CN-09-0011; CN-09-001] re- Directorate Identifier 2008-NM-172-AD; sources. H.R. 905. A bill to expand the bound- ceived August 25, 2009, pursuant to 5 U.S.C. Amendment 39-15993; AD 2009-17-02] (RIN: aries of the Thunder Bay National Marine 801(a)(1)(A); to the Committee on Agri- 2120-AA64) received August 21, 2009, pursuant Sanctuary and Underwater Preserve, and for culture. to 5 U.S.C. 801(a)(1)(A); to the Committee on other purposes; with an amendment (Rept. 3848. A letter from the Assistant to the Transportation and Infrastructure. 111–270). Referred to the Committee of the Board, Board of Governors of the Federal Re- 3859. A letter from the Chief, Publications Whole House on the State of the Union. serve System, transmitting the System’s and Regulations, Internal Revenue Service, Mr. RAHALL: Committee on Natural Re- final rule — Truth in Lending [Regulation Z; transmitting the Service’s final rule — Sec- sources. H.R. 1771. A bill to reauthorize the Docket No. R-1365] received August 25, 2009, tion 7874: Treatment of Certain Stock of the Chesapeake Bay Office of the National Oce- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Foreign Acquiring Corporation [Notice: 2009- anic and Atmospheric Administration, and mittee on Financial Services. 78] received September 17, 2009, pursuant to 5 for other purposes; with an amendment 3849. A letter from the Chair, Congres- U.S.C. 801(a)(1)(A); to the Committee on (Rept. 111–271). Referred to the Committee of sional Oversight Panel, transmitting the Ways and Means. the Whole House on the State of the Union. Panel’s monthly report pursuant to Section 3860. A letter from the Chief, Publications Mr. RAHALL: Committee on Natural Re- 125(b)(1) of the Emergency Economic Sta- and Regulations Branch, Internal Revenue sources. H.R. 1053. A bill to require the Office bilization Act of 2008, Pub. L. 110-343; to the Service, transmitting the Service’s final rule of Management and Budget to prepare a Committee on Financial Services. — Procedures for taxpayers to make an elec- crosscut budget for restoration activities in 3850. A letter from the Speaker, National tion to defer recognizing discharge of indebt- the Chesapeake Bay watershed, to require Assembly of Kuwait, transmitting Congratu- edness income (Rev. Proc. 2009-37) received the Environmental Protection Agency to de- lations to the United States on the Anniver- August 25, 2009, pursuant to 5 U.S.C. velop and implement an adaptive manage- sary of its Founding; to the Committee on 801(a)(1)(A); to the Committee on Ways and ment plan, and for other purposes; with an Foreign Affairs. Means. amendment (Rept. 111–272 Pt. 1). Referred to 3851. A letter from the Secretary General, 3861. A letter from the Chief, Publications the Committee of the Whole House on the Organization for Security and Cooperation in and Regulations, Internal Revenue Service, State of the Union. Europe, Parliamentary Assembly, transmit- transmitting the Service’s final rule — Work Mr. THOMPSON of Mississippi: Committee ting the Vilnius Declaration and Resolutions Opportunity Tax Credit [Notice 2009-69] re- on Homeland Security. H.R. 1881. A bill to adopted on July 3, 2009 at the Eighteenth An- ceived August 25, 2009, pursuant to 5 U.S.C. enhance the transportation security func- nual Session of the Organization for Security 801(a)(1)(A); to the Committee on Ways and tions of the Department of Homeland Secu- and Co-operation in Europe Parliamentary Means. rity by providing for an enhanced personnel Assembly, pursuant to Public Law 102-138, 3862. A letter from the Chief, Publications system for employees of the Transportation section 169(e) (105 Stat. 679); to the Com- and Regulations Branch, Internal Revenue Security Administration, and for other pur- mittee on Foreign Affairs. Service, transmitting the Service’s final rule poses (Rept. 111–273 Pt. 1). Referred to the 3852. A letter from the Chairman, National — Tier I Issue — Industry Director Directive Committee of the Whole House on the State Transportation Safety Board, transmitting on Section 936 Exit Strategies #3 received of the Union.

VerDate Nov 24 2008 04:47 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L29SE7.000 H29SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 29, 2009 CONGRESSIONAL RECORD — HOUSE H10069 Mr. TOWNS: Committee on Oversight and Commerce, and in addition to the Committee and to amend title II of the Social Security Government Reform. H.R. 1881. A bill to en- on Ways and Means, for a period to be subse- Act to eliminate the requirement that there hance the transportation security functions quently determined by the Speaker, in each be a social security cost-of-living adjustment of the Department of Homeland Security by case for consideration of such provisions as for an adjustment in the contribution and providing for an enhanced personnel system fall within the jurisdiction of the committee benefit base to occur; to the Committee on for employees of the Transportation Secu- concerned. Ways and Means. rity Administration, and for other purposes By Ms. SCHWARTZ: By Ms. SCHWARTZ: (Rept. 111–273 Pt. 2). Referred to the Com- H.R. 3664. A bill to direct the Secretary of H.R. 3673. A bill to extend the temporary mittee of the Whole House on the State of Health and Human Services to establish a suspension of duty on certain liquid-filled the Union. Healthcare Innovation Zone pilot program; glass bulbs; to the Committee on Ways and Mr. TOWNS: Committee on Oversight and to the Committee on Energy and Commerce, Means. Government Reform. H.R. 2711. A bill to and in addition to the Committee on Ways By Mr. WELCH (for himself, Mr. OBEY, amend title 5, United States Code, to provide and Means, for a period to be subsequently Mr. WALZ, Mr. PERRIELLO, Mr. for the transportation of the dependents, re- determined by the Speaker, in each case for HOLDEN, Mr. BARTLETT, Mr. mains, and effects of certain Federal employ- consideration of such provisions as fall with- COURTNEY, Mr. ARCURI, Mr. MASSA, ees who die while performing official duties in the jurisdiction of the committee con- Mr. MICHAUD, Ms. SLAUGHTER, Mr. or as a result of the performance of official cerned. PLATTS, Mrs. DAHLKEMPER, Ms. SHEA- duties; with an amendment (Rept. 111–274). By Ms. BALDWIN (for herself, Mrs. PORTER, Mr. OLVER, and Mrs. KIRK- Referred to the Committee of the Whole CAPPS, Ms. MATSUI, and Ms. MOORE of PATRICK of Arizona): House on the State of the Union. Wisconsin): H.R. 3674. A bill to impose tariff-rate Mr. TOWNS: Committee on Oversight and H.R. 3665. A bill to amend title XIX of the quotas on certain casein and milk protein Government Reform. H.R. 2092. A bill to Social Security Act to provide for payment concentrates; to the Committee on Ways and amend the National Children’s Island Act of for Medicaid services furnished by Ryan Means. 1995 to expand allowable uses for Kingman White part C grantees under a cost-based By Mr. TIAHRT: H. Con. Res. 192. Concurrent resolution ex- and Heritage Islands by the District of Co- prospective payment system; to the Com- pressing the sense of Congress that the Asso- lumbia, and for other purposes; with an mittee on Energy and Commerce. ciation of Community Organizations for Re- amendment (Rept. 111–275). Referred to the By Ms. BALDWIN (for herself and Mr. form Now (ACORN) should lose its exemp- Committee of the Whole House on the State REICHERT): tion from taxation under the Internal Rev- of the Union. H.R. 3666. A bill to amend the Internal Rev- enue Code of 1986 to extend and increase the enue Code of 1986; to the Committee on Ways DISCHARGE OF COMMITTEE exclusion for benefits provided to volunteer and Means. Pursuant to clause 2 of rule XII the firefighters and emergency medical respond- By Mr. JOHNSON of Georgia (for him- Committee on Transportation and In- ers; to the Committee on Ways and Means. self, Ms. CLARKE, Mr. CONNOLLY of frastructure discharged from further By Mr. CRENSHAW: Virginia, Mr. DAVIS of Alabama, Ms. consideration. H.R. 1053 referred to the H.R. 3667. A bill to designate the facility of GIFFORDS, Mr. GRIFFITH, Mr. HALL of Committee of the Whole House on the the United States Postal Service located at New York, Mr. HIMES, Ms. HIRONO, Ms. JACKSON-LEE of Texas, Mr. State of the Union. 16555 Springs Street in White Springs, Flor- ida, as the ‘‘Clyde L. Hillhouse Post Office MINNICK, Ms. MOORE of Wisconsin, f Building’’; to the Committee on Oversight Mr. PAYNE, Mr. PIERLUISI, Ms. LORET- TA SANCHEZ of California, Mr. SCOTT PUBLIC BILLS AND RESOLUTIONS and Government Reform. By Ms. DEGETTE (for herself, Mr. CAS- of Georgia, Mr. MEEK of Florida, Mr. Under clause 2 of rule XII, public TLE, Mr. KIRK, Mr. SPACE, Mr. COLE, SMITH of Texas, Mr. PERLMUTTER, Mr. bills and resolutions of the following Mr. KILDEE, and Mr. BECERRA): DAVIS of Tennessee, Mr. MILLER of titles were introduced and severally re- H.R. 3668. A bill to amend the Public North Carolina, Mr. ANDREWS, Ms. ferred, as follows: Health Service Act to reauthorize the special WOOLSEY, Mr. BROUN of Georgia, Mr. diabetes programs for Type I diabetes and In- HARE, Mr. MEEKS of New York, Ms. By Mr. WU: dians under that Act; to the Committee on BERKLEY, Mr. ENGEL, Ms. WASSERMAN H.R. 3659. A bill amend the Internal Rev- Energy and Commerce. SCHULTZ, Ms. BORDALLO, Mr. AL enue Code of 1986 to allow a credit against By Mr. GUTIERREZ: GREEN of Texas, Mr. LEWIS of Geor- income tax for amounts paid for energy effi- H.R. 3669. A bill to prohibit employers from gia, Mr. DELAHUNT, and Mr. MCGOV- cient property placed in service in commer- carrying life insurance policies on their rank ERN): cial buildings pursuant to an approved en- and file employees; to the Committee on H. Res. 782. A resolution demanding that ergy efficiency plan; to the Committee on Education and Labor. the Government of Iran immediately dis- Ways and Means. By Mr. CARNAHAN (for himself, Mr. close the existence of any additional nu- By Mr. WU (for himself and Mrs. BONO TURNER, Ms. SCHWARTZ, Ms. BERK- clear-related facilities and provide unfet- MACK): LEY, Mr. CROWLEY, Mr. HINCHEY, Mr. tered access to its Qom enrichment facility; H.R. 3660. A bill to amend the Internal Rev- LANGEVIN, Mr. COHEN, Mr. VAN to the Committee on Foreign Affairs. enue Code of 1986 to promote tax parity be- HOLLEN, Mr. SKELTON, Mr. By Mr. MARIO DIAZ-BALART of Flor- tween the residential and business fuel cell BLUMENAUER, Mr. CAPUANO, Mr. ida (for himself, Mr. MEEKS of New tax credits; to the Committee on Ways and DELAHUNT, Mr. CLAY, Mr. CLEAVER, York, Mr. PIERLUISI, Mr. NUNES, Mr. Means. Mr. BRALEY of Iowa, Mr. LOEBSACK, LINCOLN DIAZ-BALART of Florida, Mr. By Mr. REHBERG: Mr. RYAN of Ohio, Mr. HOLT, Mr. BOU- PENCE, Mr. GENE GREEN of Texas, Mr. H.R. 3661. A bill to amend title 38, United CHER, Mr. KENNEDY, Mr. GONZALEZ, ROSKAM, Mr. SERRANO, Ms. ROS- States Code, to provide for a monthly hous- Mr. GORDON of Tennessee, Mr. BOS- LEHTINEN, Mr. FILNER, Mr. BACA, Mr. ing stipend under the Post-9/11 Educational WELL, and Mr. HIGGINS): DENT, Mr. MCCOTTER, Ms. HIRONO, Assistance Program for individuals pursuing H.R. 3670. A bill to amend the Internal Rev- Mr. JOHNSON of Georgia, Mr. programs of education offered through dis- enue Code of 1986 to expand the incentives GRIJALVA, Mr. LARSON of Con- tance learning, and for other purposes; to the for the rehabilitation of older buildings, in- necticut, and Mr. BURTON of Indiana): Committee on Veterans’ Affairs. cluding owner-occupied residences; to the H. Res. 783. A resolution recognizing His- By Mr. JOHNSON of Georgia (for him- Committee on Ways and Means. panic Heritage Month and celebrating the self, Mr. CONYERS, Ms. JACKSON-LEE By Mr. KIND (for himself, Mr. BERRY, vast contributions of Hispanic Americans to of Texas, Mr. REYES, and Mr. Mr. BRALEY of Iowa, Ms. MCCOLLUM, the strength and culture of the United WEXLER): Mr. BOSWELL, Mr. ELLISON, Mr. States; to the Committee on Oversight and H.R. 3662. A bill to provide for the appoint- LOEBSACK, and Mr. WALZ): Government Reform. ment of additional Federal circuit and dis- H.R. 3671. A bill to promote Department of By Mr. AL GREEN of Texas (for him- trict judges, and for other purposes; to the the Interior efforts to provide a scientific self, Mr. CAO, Ms. LEE of California, Committee on the Judiciary. basis for the management of sediment and Mr. GENE GREEN of Texas, Mr. CROW- By Mr. SPACE (for himself, Mr. TERRY, nutrient loss in the Upper Mississippi River LEY, Mr. HONDA, Ms. CHU, Ms. Mr. BERRY, Mrs. EMERSON, Mr. Basin, and for other purposes; to the Com- HIRONO, Mr. DAVIS of Illinois, Ms. MORAN of Kansas, Mr. MELANCON, Mr. mittee on Natural Resources. WATSON, Mr. ELLISON, Ms. BERKLEY, GONZALEZ, Mr. DOGGETT, and Mr. By Mrs. MCCARTHY of New York (for Mr. SCOTT of Virginia, Mr. HASTINGS POMEROY): herself, Mr. COSTELLO, Mr. ANDREWS, of Florida, Ms. FUDGE, Ms. KILROY, H.R. 3663. A bill to amend title XVIII of the Mr. KENNEDY, Ms. KAPTUR, and Ms. Mr. JOHNSON of Georgia, Mr. BECER- Social Security Act to delay the date on FUDGE): RA, Ms. EDDIE BERNICE JOHNSON of which the accreditation requirement under H.R. 3672. A bill to provide for an increase Texas, Mr. PAYNE, Mr. CUMMINGS, Mr. the Medicare Program applies to suppliers of of $150 in social security benefits for one LEVIN, Mr. CLEAVER, Mr. PASCRELL, durable medical equipment that are phar- month in 2010 to compensate for the lack of Mr. NADLER of New York, Ms. MCCOL- macies; to the Committee on Energy and a cost-of-living adjustment for that year, LUM, Mr. BUTTERFIELD, Mr. CARSON of

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Indiana, Ms. CLARKE, Mr. ACKERMAN, H.R. 1126: Mr. MANZULLO. H.R. 2648: Mr. HARE and Mr. ELLSWORTH. Mr. TOWNS, Mr. LEWIS of Georgia, Mr. H.R. 1179: Ms. MATSUI. H.R. 2655: Mr. CAO. BISHOP of Georgia, Mr. SCOTT of H.R. 1203: Mr. COURTNEY and Mrs. BONO H.R. 2672: Mrs. MCMORRIS RODGERS. Georgia, Mr. CLAY, Ms. WATERS, Mr. MACK. H.R. 2698: Mr. ANDREWS, Mr. MASSA, and MEEKS of New York, Mr. MILLER of H.R. 1204: Mr. WESTMORELAND. Ms. MARKEY of Colorado. North Carolina, Mr. SABLAN, Mr. H.R. 1205: Mr. MILLER of Florida. H.R. 2699: Mr. MASSA and Ms. MARKEY of SHERMAN, and Mr. FILNER): H.R. 1207: Mr. DOYLE. Colorado. H. Res. 784. A resolution honoring the H.R. 1230: Mr. BRALEY of Iowa and Ms. H.R. 2743: Mr. BRADY of Texas and Mr. 2560th anniversary of the birth of Confucius SCHAKOWSKY. CAPUANO. and recognizing his invaluable contributions H.R. 1245: Mr. DAVIS of Tennessee, Mr. ROE H.R. 2771: Mrs. KIRKPATRICK of Arizona. to philosophy and social and political of Tennessee, and Mr. REHBERG. H.R. 2788: Mr. BOSWELL, Mr. DREIER, Mr. thought; to the Committee on Foreign Af- H.R. 1255: Mr. LUETKEMEYER. MASSA, Mr. SNYDER, Mrs. BONO MACK, Mr. fairs. H.R. 1283: Mr. REYES. WU, Mr. ROHRABACHER, Mr. ISSA, and Mr. H.R. 1319: Mr. RADANOVICH. LEWIS of California. f H.R. 1324: Mr. DOGGETT, Mr. NEAL of Mas- H.R. 2807: Mr. LUJA´ N. MEMORIALS sachusetts, Mr. ENGEL, Mr. HIGGINS, Mr. H.R. 2866: Mr. LEVIN and Ms. MARKEY of HODES, and Mr. ABERCROMBIE. Colorado. Under clause 4 of Rule XXII, memo- H.R. 1327: Mr. BOUSTANY, Mr. MCCAUL, Mr. H.R. 2870: Ms. MCCOLLUM. rials were presented and referred as fol- HOYER, Mr. PENCE, Ms. CASTOR of Florida, H.R. 2900: Mr. MCCLINTOCK and Mr. lows: and Mr. HARPER. NEUGEBAUER. 191. The SPEAKER presented a memorial H.R. 1395: Mr. LEWIS of California. H.R. 2935: Mr. KLINE of Minnesota and Mr. of the Senate of the State of California, rel- H.R. 1402: Mr. TIBERI. MARIO DIAZ-BALART of Florida. ative to Senate Joint Resolution No. 7 urg- H.R. 1410: Mr. PRICE of North Carolina. H.R. 2936: Ms. SLAUGHTER and Mr. ing the President and the Congress of the H.R. 1426: Mr. GOODLATTE. LATOURETTE. United States to expand federally funded re- H.R. 1454: Mr. BAIRD. H.R. 2939: Mrs. BLACKBURN and Ms. LINDA ´ search efforts aimed at developing a reliable H.R. 1483: Mr. MCGOVERN. T. SANCHEZ of California. means of detecting pancreatic cancer in its H.R. 1548: Mr. LUETKEMEYER. H.R. 2941: Mr. MCCOTTER and Mr. LANCE. early stages and more effective means of H.R. 1557: Mrs. MYRICK. H.R. 3017: Mr. RANGEL, Mr. WATT, and Mr. treatment through legislative measures; to H.R. 1570: Mr. MARIO DIAZ-BALART of Flor- REYES. the Committee on Energy and Commerce. ida. H.R. 3024: Mr. ALTMIRE, Mr. WU, and Mr. 192. Also, a memorial of the Senate of the H.R. 1615: Mr. SNYDER. COHEN. State of Michigan, relative to Senate Reso- H.R. 1628: Mr. MANZULLO. H.R. 3077: Mr. BOSWELL, Mr. SERRANO, Mr. lution No. 69 urging the Congress of the H.R. 1646: Mr. HARPER. OBERSTAR, and Mr. GEORGE MILLER of Cali- H.R. 1677: Mr. BONNER and Mr. THOMPSON of United States to enact legislation to waive fornia. Mississippi. H.R. 3116: Ms. SUTTON and Mrs. BLACKBURN. for two years the requirement that Michigan H.R. 1685: Ms. PINGREE of Maine and Mr. H.R. 3202: Mrs. CAPPS and Mr. KUCINICH. match federal Highway funds; to the Com- JACKSON of Illinois. H.R. 3226: Mr. DEAL of Georgia and Mr. mittee on Transportation and Infrastruc- H.R. 1689: Mr. BOREN. PLATTS. ture. H.R. 1691: Mr. CALVERT. H.R. 3238: Mr. JACKSON of Illinois. 193. Also, a memorial of the Senate of the H.R. 1744: Mrs. CAPITO and Mr. BACA. H.R. 3245: Ms. DELAURO and Mr. MCGOV- State of Michigan, relative to Senate Reso- H.R. 1769: Mr. QUIGLEY. ERN. lution No. 70 urging the President and Con- H.R. 1831: Mr. FORBES, Mr. NEUGEBAUER, H.R. 3255: Mr. HERGER. gress to grant Michigan a two-year waiver and Mr. JACKSON of Illinois. H.R. 3286: Mr. COHEN, Ms. SLAUGHTER, and from federal matching requirements for fed- H.R. 1908: Mr. ROSS and Mr. THOMPSON of Mr. STARK. eral-aid bridge and highway projects; to the California. H.R. 3308: Mr. WILSON of South Carolina Committee on Transportation and Infra- H.R. 1970: Mr. GRAVES. and Mr. BACHUS. structure. H.R. 1981: Mr. MANZULLO. H.R. 3337: Mr. SESTAK. f H.R. 1993: Ms. BEAN and Mr. ABERCROMBIE. H.R. 3348: Mr. YOUNG of Alaska, Mr. OBER- H.R. 2017: Mr. KLINE of Minnesota, Ms. STAR, and Mr. SESSIONS. ADDITIONAL SPONSORS BORDALLO, Mr. TOWNS, Mr. ORTIZ, and Mr. H.R. 3375: Mrs. MYRICK. Under clause 7 of rule XII, sponsors MORAN of Virginia. H.R. 3403: Ms. MATSUI. were added to public bills and resolu- H.R. 2035: Mr. CARNEY. H.R. 3421: Mr. GRIJALVA, Ms. MCCOLLUM, tions as follows: H.R. 2058: Ms. ZOE LOFGREN of California. and Mr. CONYERS. H.R. 2061: Mr. MANZULLO. H.R. 3467: Mr. MASSA. H.R. 39: Mr. OBEY. H.R. 2083: Mr. KLINE of Minnesota. H.R. 3486: Ms. FUDGE and Mr. CAMP. H.R. 161: Mr. POSEY. H.R. 2084: Mrs. NAPOLITANO. H.R. 3531: Mr. WEINER. H.R. 211: Mr. BISHOP of New York and Mr. H.R. 2103: Mr. MICHAUD. H.R. 3535: Mr. NADLER of New York. PASTOR of Arizona. H.R. 2138: Mr. HALL of New York, Mr. H.R. 3554: Mr. FATTAH, Mr. PLATTS, Mr. H.R. 235: Ms. MARKEY of Colorado and Mr. MCGOVERN, and Mr. BOOZMAN. HOLDEN, Mr. GUTIERREZ, Mr. ROHRABACHER, GINGREY of Georgia. H.R. 2149: Mr. FORBES, Mr. KING of New Mr. OBERSTAR, Mr. BRALEY of Iowa, Mr. H.R. 330: Ms. RICHARDSON. York, Ms. WASSERMAN SCHULTZ, and Mr. CHILDERS, Mr. HINCHEY, Mr. ISRAEL, and Mr. H.R. 391: Mr. CALVERT. PRICE of Georgia. MOORE of Kansas. H.R. 471: Mr. COSTELLO. H.R. 2246: Mrs. MALONEY. H.R. 3559: Mr. LEWIS of Georgia. H.R. 555: Mr. WEINER. H.R. 2251: Ms. SPEIER. H.R. 3560: Ms. CLARKE. H.R. 560: Mr. LINDER and Mr. LATHAM. H.R. 2329: Mr. JOHNSON of Georgia. H.R. 3569: Ms. JENKINS, Mr. SOUDER, and H.R. 571: Mr. MASSA, Ms. EDWARDS of H.R. 2345: Ms. JENKINS, Mr. PAULSEN, and Mr. CARTER. Maryland, Mr. HONDA, and Mr. ISRAEL. Mr. DRIEHAUS. H.R. 3571: Mr. FORTENBERRY. H.R. 621: Mr. FORBES, Ms. MOORE of Wis- H.R. 2377: Ms. RICHARDSON and Mr. JOHN- H.R. 3572: Mr. HALL of New York. consin, and Mr. CAMP. SON of Georgia. H.R. 3585: Mr. LIPINSKI, Mr. INSLEE, Mr. H.R. 624: Mr. HONDA and Mr. RADANOVICH. H.R. 2382: Mr. MCGOVERN. COOPER, Mr. BAIRD, and Mr. MCCAUL. H.R. 653: Ms. SCHAKOWSKY. H.R. 2452: Mr. PITTS, Mr. BURTON of Indi- H.R. 3597: Mr. GUTIERREZ. H.R. 658: Mr. GRAYSON. ana, Mr. POSEY, Mr. MOORE of Kansas, and H.R. 3610: Mr. WESTMORELAND, Mr. PAUL, H.R. 669: Ms. HIRONO and Mr. PASCRELL. Mr. CUELLAR. and Mr. MILLER of Florida. H.R. 676: Mr. RAHALL. H.R. 2478: Mr. DOGGETT, Mr. PASTOR of Ari- H.R. 3621: Mr. DOYLE and Mr. HIGGINS. H.R. 690: Mr. HALL of Texas, Ms. GRANGER, zona, Mr. BOOZMAN, and Ms. DELAURO. H.R. 3630: Mr. EDWARDS of Texas. Mr. THOMPSON of Pennsylvania, Mr. THORN- H.R. 2489: Mr. SARBANES. H.R. 3644: Ms. BORDALLO. BERRY, Mr. BUYER, Mr. FOSTER, Mr. SOUDER, H.R. 2499: Mr. LYNCH. H.R. 3646: Mr. WELCH. Mr. WHITFIELD, Mr. SMITH of Texas, and Mr. H.R. 2515: Mr. MICHAUD. H.R. 3650: Mr. PALLONE, Ms. BORDALLO, Mr. DICKS. H.R. 2521: Mr. GUTIERREZ, and Ms. LINDA T. BARROW, Mrs. CAPPS, and Ms. ROS-LEHTINEN. H.R. 745: Mr. COSTELLO. SA´ NCHEZ of California. H.J. Res. 47: Ms. HERSETH SANDLIN and Mr. H.R. 790: Mr. NEAL of Massachusetts. H.R. 2523: Mr. STUPAK. BOOZMAN. H.R. 1026: Mr. MCCLINTOCK. H.R. 2555: Mr. JACKSON of Illinois. H. Con. Res. 51: Mr. BERMAN. H.R. 1030: Mr. RANGEL, Mr. LATOURETTE, H.R. 2560: Mr. BARTLETT, Mr. HOLT, Mr. H. Con. Res. 98: Mr. GRIJALVA. Mr. ELLISON, and Mr. MCGOVERN. OLVER, Mr. CALVERT, and Mr. LANGEVIN. H. Con. Res. 139: Mr. BISHOP of Utah, Mr. H.R. 1065: Mr. FRANKS of Arizona and Mr. H.R. 2567: Ms. MATSUI and Mr. Stark. BOREN, Mr. BRIGHT, Mr. DICKS, Ms. GIFFORDS, FLAKE. H.R. 2584: Mr. CAMP, Mr. WILSON of Ohio, Mr. SKELTON, and Mr. SMITH of Washington. H.R. 1093: Mr. TIM MURPHY of Pennsyl- Mr. ARCURI, and Ms. GINNY BROWN-WAITE of H. Con. Res. 144: Mr. COOPER and Ms. ZOE vania, Mr. SPRATT, and Mr. MURTHA. Florida. LOFGREN of California.

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H. Con. Res. 151: Mr. NYE, Mr. MILLER of KILPATRICK of Michigan, Ms. WOOLSEY, Mr. KIRK, Mr. BERMAN, Mr. DAVIS of Alabama, North Carolina, Mr. SHERMAN, and Mr. WU, and Mr. GENE GREEN of Texas. and Mr. MINNICK. DOGGETT. H. Res. 727: Mr. BACA, Mr. WOLF, Mr. H. Res. 768: Mr. TONKO and Mr. GRIJALVA. H. Con. Res. 181: Mr. CAMP and Mr. KILDEE. MCGOVERN, Mr. CONNOLLY of Virginia, Mr. H. Res. 771: Mr. BACA, Mrs. LOWEY, and Ms. H. Con. Res. 185: Mr. LEWIS of California, MCCAUL, Mr. GARRETT of New Jersey, Mr. SLAUGHTER. Mr. DEAL of Georgia, and Mr. SMITH of Ne- ABERCROMBIE, Mr. MCCLINTOCK, Mr. MORAN H. Res. 773: Mr. MASSA, Mr. BROWN of braska. of Virginia, Mr. MASSA, Mrs. DAHLKEMPER, South Carolina, Mr. CULBERSON, and Mr. H. Res. 16: Mr. BACA. Mr. HOLT, and Mr. KENNEDY. BERRY. H. Res. 55: Mr. PITTS, Mrs. BONO MACK, and H. Res. 730: Mr. THOMPSON of California, H. Res. 774: Mr. BUTTERFIELD, Mr. THOMP- Mr. BACHUS. Mr. MURPHY of Connecticut, Ms. SCHWARTZ, SON of Mississippi, Mr. CLYBURN, and Mr. H. Res. 111: Ms. WATSON. and Mr. SENSENBRENNER. COHEN. H. Res. 159: Mr. SMITH of Washington, Mr. H. Res. 731: Ms. LORETTA SANCHEZ of Cali- H. Res. 775: Mr. COSTA and Mr. COHEN. PETERS, Mr. JOHNSON of Georgia, Ms. MAT- fornia, Mr. PASCRELL, Ms. NORTON, Mr. SUI, and Mr. MURPHY of Connecticut. MASSA, Mr. CAO, Mr. DANIEL E. LUNGREN of f H. Res. 175: Mr. GUTIERREZ and Mr. TOWNS. California, Ms. RICHARDSON, Mrs. MILLER of H. Res. 199: Mr. CALVERT. Michigan, Ms. JACKSON-LEE of Texas, Mr. H. Res. 615: Mr. AUSTRIA and Mr. HALL of CLEAVER, Ms. KILROY, Ms. HARMAN, and Ms. PETITIONS, ETC. Texas. TITUS. Under clause 1 of Rule XXII, H. Res. 692: Mr. GENE GREEN of Texas. H. Res. 739: Mr. BRADY of Texas and Mr. H. Res. 706: Mr. MURPHY of Connecticut and GOODLATTE. 70. The SPEAKER presented a petition of Mr. INGLIS. H. Res. 740: Mr. LUETKEMEYER, Mr. BOREN, North Carolina State Council of the Junior H. Res. 715: Mrs. MILLER of Michigan, Mr. and Mr. FATTAH. Order United American Mechanics, relative REHBERG, Ms. Chu, Ms. DEGETTE, Mr. PETER- H. Res. 748: Mr. BILBRAY, Mr. JOHNSON of to Resolution 8 urging the President and SON, Mr. KILDEE, Ms. EDWARDS of Maryland, Georgia, Mr. COBLE, Mr. PETERSON, and Mr. Congress to act in every possible manner to Mr. SCHAUER, Ms. ZOE LOFGREN of California, DUNCAN. defend the freedoms that have been promised Mr. TONKO, Mr. STUPAK, Ms. FUDGE, Mr. H. Res. 749: Mr. BOOZMAN and Mrs. MYRICK. to us by the United States Constitution; DOGGETT, Mr. LARSON of Connecticut, Mr. H. Res. 752: Mr. WILSON of Ohio, Mrs. which was referred to the Committee on THOMPSON of Mississippi, Mr. WEINER, Ms. MCCARTHY of New York, Mr. LIPINSKI, Mr. Armed Services.

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Vol. 155 WASHINGTON, TUESDAY, SEPTEMBER 29, 2009 No. 138 Senate The Senate met at 11:30 a.m. and was appoint the Honorable KIRSTEN E. In Nevada, there are significant con- called to order by the Honorable GILLIBRAND, a Senator from the State of New tributions being made, as we speak, to KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. the wars in Iraq and Afghanistan, with the State of New York. ROBERT C. BYRD, more than 700 Nevada Guard men and President pro tempore. women in combat today. Because the PRAYER Mrs. GILLIBRAND thereupon as- desert terrain in Nevada is similar to The Chaplain, Dr. Barry C. Black, of- sumed the chair as Acting President that in Iraq and Afghanistan, many of fered the following prayer: pro tempore. our Nation’s warriors prepare for their Let us pray. f deployment in Nevada. The Naval Air Eternal God, who reads our hearts RECOGNITION OF THE MAJORITY Station in Fallon, in northern Nevada, and knows our motives, You are the LEADER is the home to the Navy’s preeminent source of our being and the goal of our The ACTING PRESIDENT pro tem- strike and air warfare center, which in- striving, hallowed be Your Name. In- cludes the Navy Fighter Weapons spire our Senators to keep within the pore. The majority leader is recog- nized. School, better known as Top Gun. grasp of Your firm hands the threads of Naval Air Station Fallon also houses this day’s words and deeds. May they f the Strike Warfare Center and the Car- seek Your will throughout this day and SCHEDULE rier Airborne Early Warning Weapons permit You to transfigure and redeem School. even their disappointments and set- Mr. REID. Madam President, fol- lowing leader remarks, the Senate will If you are a Navy fighter pilot, the backs. As they face perplexing issues of only training that allows you to have, state, may the strength of each be as be in morning business until 1:30 today. Senators are permitted to speak during in effect, a Ph.D. in flying the Navy’s the strength of 10 because of pure mo- top fighter planes is going to Fallon. tives. May all that our lawmakers do that period of time for up to 10 minutes Hawthorne Ammunition Depot has and are today be so obviously an ex- each. Following that morning business, been in existence since the late 1920s as pression of Your truth that they can be the Senate will resume consideration a result of a huge explosion of an am- confident of receiving the smile of of the Defense appropriations bill. munition facility in New Jersey. Since Your approval. At 4:30 today, the Senate will turn to We pray in Your sacred Name. Amen. executive session to debate the nomi- the late 1920s, this base—in very arid, nation of Jeffrey Viken to be U.S. dis- dry, north-central Nevada—serves as f trict judge for the District of South the staging area for conventional PLEDGE OF ALLEGIANCE Dakota. At 5:30 today, we will vote on bombs, rockets, and ammunition, a The Honorable KIRSTEN E. the confirmation of that nomination. role it has filled since World War II. GILLIBRAND led the Pledge of Alle- f Creech Air Force Base, located about giance, as follows: 35 miles north of Las Vegas, employs DEFENSE APPROPRIATIONS I pledge allegiance to the Flag of the the combat-ready Unmanned Aircraft United States of America, and to the Repub- Mr. REID. Madam President, this System or what we call the drones. It lic for which it stands, one nation under God, afternoon we will begin work on the is known as the Joint Unmanned Air- indivisible, with liberty and justice for all. Defense appropriations bill, as I an- craft System Center of Excellence. It is f nounced. The bill provides $636 billion from that facility that the strikes take APPOINTMENT OF ACTING in new discretionary authority for the place in Iraq and Afghanistan; that is PRESIDENT PRO TEMPORE Department of Defense, including more where the people on the ground actu- than $128 billion in funding for overseas ally do the work that allows these ve- The PRESIDING OFFICER. The contingency operations. hicles to do their damage, wherever clerk will please read a communication This is a good bill. It provides fund- they are designated to go. to the Senate from the President pro ing to grow the Army by 22,000 soldiers, Finally, Nellis Air Force Base, out- tempore (Mr. BYRD). provides $108 billion for procurement of side Las Vegas, home of the first dedi- The assistant legislative clerk read new equipment that our men and cated air warfare and later air-ground the following letter: women in the military badly need as a training facility, continues to provide U.S. SENATE, result of the equipment having been advanced air combat training for U.S. PRESIDENT PRO TEMPORE, damaged, destroyed, and worn out in and allied forces. This is the home of Washington, DC, September 29, 2009. To the Senate: Iraq and other places. It also provides the Thunderbirds. Under the provisions of rule I, paragraph 3, for a modification of tactical vehicles The fiscal year ends tomorrow. We of the Standing Rules of the Senate, I hereby to better protect our forces in battle. need to pass this Defense bill to ensure

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

S9895

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VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9896 CONGRESSIONAL RECORD — SENATE September 29, 2009 these men and women in uniform—our minder to all of us of the seriousness I commend the U.S. Embassy in Ma- soldiers, marines, sailors, air men and and urgency of our efforts in Afghani- nila for pledging financial aid to help women—have every resource they need stan. There should be no doubt that al- the Philippine government get life-sav- to successfully carry out their mission. Qaida remains a serious threat. We ing necessities to people living in Whether stationed in Nevada or on one cannot allow al-Qaida to establish a emergency shelters. of our many bases around the world, all safe haven in the very place where it I am proud and honored by the work America’s troops are depending on us plotted and planned the 9/11 attacks. of members of the United States Armed to do something and do it quickly. The Taliban is gaining ground in Af- Services. based in the Philippines. The managers of this bill, Senators ghanistan. And our commanders in the Their important mission is to provide INOUYE and COCHRAN, were here last field are in the best position to tell us counterterrorism training, but in the Thursday and Friday. They are back what is required to complete their mis- face of disaster, our troops have hero- this afternoon, ready to complete ac- sion. General McChrystal says that ically conducted a number of life-sav- tion on this legislation. This is an ex- without adequate resources, we will ing rescues. Now they are helping to tremely important piece of legislation. likely fail. In my view, we should listen distribute supplies. The Senate needs to act on it very to his advice. And hopefully, we will be I also thank UNICEF for its large quickly so we can get to conference able to get that advice in person in a pledge of financial support. and minimize the time the Department timely manner. In Hawaii, a number of organizations of Defense has to operate on a stop-gap I yield the floor. I suggest the ab- have stepped up to help. The Filipino continuing resolution. sence of a quorum. Community Center, the United Filipino I hope people who have amendments The ACTING PRESIDENT pro tem- Council of Hawaii, and the Philippine to offer will offer them. We have al- pore. The clerk will call the roll. Consulate General of Honolulu are ready had 2 days to offer amendments. The assistant legislative clerk pro- among the organizations raising funds. We have two of the most experienced ceeded to call the roll. I am encouraged by all those offering managers in the Senate with Senators Mr. AKAKA. Madam President, I ask assistance in Hawaii and across the Na- INOUYE and COCHRAN. I hope people unanimous consent that the order for tion. would offer their amendments because the quorum call be rescinded. Unfortunately, Ketsana’s path of de- we are not going to be on this bill all The ACTING PRESIDENT pro tem- struction was not finished at the Phil- week. We are going to get off this as pore. Without objection, it is so or- ippines. The storm picked up strength soon as we can. dered. over the South China Sea, brushed f f against the coast of China’s Hainan Is- land, and at full typhoon strength RECOGNITION OF THE RESERVATION OF LEADER TIME REPUBLICAN LEADER. today slammed directly into Vietnam, The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- where at least 23 people have been con- pore. Under the previous order, the pore. The Republican leader is recog- firmed dead. leadership time is reserved. nized. Laos, Cambodia, and Thailand are f now bracing for heavy rains as the f storm moves inland. MORNING BUSINESS DEFENSE APPROPRIATIONS In the United States, we are no The ACTING PRESIDENT pro tem- Mr. MCCONNELL. Madam President, strangers to the horrors of tropical cy- this afternoon we resume consideration pore. Under the previous order, the clones. We all remember the tragedy of of the Defense appropriations bill, and Senate will proceed to a period of Hurricane Katrina. It hit the gulf coast among our most immediate concerns morning business until 1:30 p.m., with more than 4 years ago, but many areas are the protection of our troops and al- Senators permitted to speak therein are still recovering. In Hawaii, we will lies in Afghanistan and the success of for up to 10 minutes each. never forget Hurricane Iniki, which our mission there. Mr. AKAKA. Madam President, I ask struck the island of Kauai in 1992, kill- The President’s pick to lead our ef- unanimous consent to speak as in ing six people, destroying homes, ho- forts in Afghanistan, GEN Stanley morning business. tels, and businesses, and leaving resi- McChrystal, has made clear that more The ACTING PRESIDENT pro tem- dents in some areas without electricity forces are necessary to accomplish the pore. Without objection, it is so or- for months. It took parts of Kauai mission. And while the administration dered. more than a decade to recover, and has not yet reacted to General f some historic buildings have never McChrystal’s report, in my view, the TROPICAL STORM KETSANA been rebuilt. President must soon explain to the The United States stands with our American people his reasons either for Mr. AKAKA. Madam President, I rise friends in the Philippines, China, and accepting The McChrystal Plan or for today to stand in unity with our Vietnam as they work to help the sur- taking a different course. friends in the Philippines, China, and vivors. I want to thank everyone who Timing is important. A failure to act Vietnam, who are recovering from a has pitched in to help our friends re- decisively in response to General terrible natural disaster. cover from this terrible disaster. McChrystal’s strategy, and his antici- Tropical Storm Ketsana struck the I yield the floor, and I suggest the ab- pated request for additional forces, Philippines Saturday near Manila, sence of a quorum. could serve to undermine some of the causing massive flooding across the is- The ACTING PRESIDENT pro tem- good decisions the President has made land nation. According to news reports, pore. The clerk will call the roll. on national security. more than 80 percent of the capital city The assistant legislative clerk pro- That said, no President decides to was submerged by the floods. Footage ceeded to call the roll. commit troops lightly; all such deci- shows people being swept away by rag- Mr. CARDIN. Madam President, I ask sions have far-reaching consequences. ing torrents, stranded on rooftops unanimous consent that the order for And that is why General McChrystal without supplies, or wading through the quorum call be rescinded. and General Petraeus should also come waist-high flood water. According to The ACTING PRESIDENT pro tem- to Washington to explain to Congress the Associated Press, at least 284 peo- pore. Without objection, it is so or- and to the American people how their ple in the Philippines are confirmed dered. strategy will work. A counter- dead, and nearly half a million people f insurgency strategy will require a sig- have lost their homes. As I speak, res- nificant investment in time, troops, cuers are searching for any remaining ENERGY SECURITY THROUGH and resources. We need an explanation survivors. Family members are mourn- TRANSPARENCY ACT OF 2009 from our generals why that investment ing lost loved ones. Millions of Fili- Mr. CARDIN. Madam President, I is needed. pinos across the country are struggling take this time to bring to the atten- The recent disruption of an alleged to find clean water, food, medicine, and tion of my colleagues legislation that al-Qaida plot against America was a re- shelter. has been introduced by Senator LUGAR,

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9897 the Energy Security Through Trans- community came together with the Ex- are being paid for the extraction of parency Act of 2009. I have joined Sen- tractive Industries Transparency Ini- their national wealth. That would go a ator LUGAR as a cosponsor, as have tiative, known as EITI. I mention this long way to helping us get trans- Senator SCHUMER, Senator WICKER, and because this international effort is to parency. Senator FEINGOLD. try to bring transparency in what a This legislation would urge the Presi- Let me first tell you the problem this company pays for mineral rights in a dent to work with our partners in the legislation is attempting to deal with; country. So if you are a company, and G8 and G20 to promote similar efforts that is, there are these mineral- you are paying a royalty to a nation by the industrial nations of the world wealthy countries, countries that have for extracting its minerals, you need to so we can get more credibility on the oil, countries that have gas, countries disclose that so the citizens of that EITI, where passage of the EITI, join- that have valuable resources and min- country have the basic critical infor- ing the EITI becomes a matter of re- erals, and sometimes it is called a mation necessary to effectively mon- spectability for a nation internation- curse because in many of these coun- itor government stewardship of their ally to make sure the contracts that tries there is horrible poverty, there natural resources. are entered into with that government are conflicts, open war, and very poor That is basically what the EITI ini- are shown to the people of that nation. governance. The reason, in most cases, tiative is. It is all about transparency The bottom line is, the Energy Secu- is corruption. so companies and governance can be rity Through Transparency Act of 2009 Quite frankly, there are individuals held accountable. I would think we all is asking the United States to take a and groups and sometimes leaders agree on that. I am proud of the role leadership position in fighting corrup- within these poor nations that have the United States Helsinki Commission tion. Unfortunately, in too many of the wealthy resources who make their own has played on this issue. I have had the developing countries of the world there individual deals with companies that honor of chairing that Commission, is corruption. You have to deal with extract these minerals and use them and we have made the EITI initiative a that corruption if you are going to be for their own purpose rather than shar- major priority of our Commission’s able to develop the type of relation- ing it, as they should, or using it, as work because we know if we can get ships where that nation can deal with they should, for the people of the na- the mineral wealth to the people of the poverty of its own people and work tion in which these resources are lo- that nation, so many of the issues we with us on our international priorities. cated. are charged to deal with on human It helps developing countries. We This is happening in so many coun- rights, on the environment, on the give significant resources to date for tries in the world. It is in the interest economy, and on security can be dealt humanitarian efforts in these nations. of the United States to change the way with, if we could just get that mineral These nations should use their own these nations deal with their resources, wealth to the people of that nation. wealth. This is a humanitarian issue. their wealth. It is in our interest for That is the reason why the Commission This is a human rights issue. It also many reasons. There are American has had a very high priority in getting provides economic opportunities for businesses that would like to do busi- more participation by countries around the people of that nation as well as the ness in these countries. They would the world in the Extractive Industries international community so they can like to help the economy of America by Transparency Initiative. participate in an open way to help that having business relationships with That brings me to the Energy Secu- nation solve its economic problems. countries that have oil and gas and rity Through Transparency Act of 2009 It helps us with energy security glob- countries that have other mineral that Senator LUGAR has introduced and ally. We cannot afford to waste the wealth. The problem is, they cannot do on which I have joined him as a cospon- world’s resources, as we look inter- that because they cannot participate in sor. It would suggest that the United nationally at problems of energy secu- corruption. It is against our laws for States should be an implementing rity and global climate change. And it American companies to be coconspira- country of the EITI, that we should certainly helps in removing conflicts in tors in corruption in another country, subject ourselves to those provisions, many parts of the world. It is in our as it should be against our laws. It is that we should lead by example by national security interests to make the also not very stable for them to do showing the United States of America world safer because it is usually the business in a country that is corrupt, believes there should be transparency United States that is called upon first that does not have the rule of law, that in all the contracts we enter into re- to deal with these conflicts. does not have the protections nec- sulting in extraction of mineral wealth For all these reasons, I urge my col- essary to make sure their business re- from America. That would require the leagues to take a look at the Energy lationships will be honored. proper disclosure of payments from Security Through Transparency Act of So for all those reasons, it is impor- companies that use public lands for 2009, and to join us in moving this leg- tant for us to clean up the way these mineral extractions. That is the right islation forward because I believe it nations deal with their mineral wealth. thing to do. We should have been doing does present great hope for America to It is also in our interests as far as en- this all along. The public should know lead the world in helping these nations ergy security. I hope we will get into what is being paid by companies to take advantage of their wealth in fur- this debate in this Congress on the take their wealth. This is Americans’ thering U.S. international goals. floor of this body: how we can become wealth. It does not belong to any one of With that, Madam President, I yield energy secure in America. But part of us. There should be transparency in it. the floor and suggest the absence of a that is having a much more open rela- It is the right thing to do. quorum. tionship with those countries that have Another part of this legislation The ACTING PRESIDENT pro tem- mineral wealth so we know the ar- would require companies that are list- pore. The clerk will call the roll. rangements, so we know how the gas ed on the U.S. Stock Exchange that are The assistant legislative clerk pro- and oil and other minerals are entering regulated by the Securities and Ex- ceeded to call the roll. into the international marketplace, so change Commission to disclose their Mr. DORGAN. Madam President, I we can have an open policy in America payments to other countries for extrac- ask unanimous consent that the order to deal with our energy. It is important tion of mineral wealth. In other words, for the quorum call be rescinded. for this country, as I pointed out, for we use the leverage of participating in The ACTING PRESIDENT pro tem- our economics, it is important for our the U.S. Stock Exchange—to be a list- pore. Without objection, it is so or- national security to get this done. I ed security that Americans invest in— dered. might add, it is also going to be impor- they have the right to know what that Mr. DORGAN. Madam President, I tant for our environment, and we are company is paying to other countries ask unanimous consent to speak in going to have that debate, I hope, later to extract mineral wealth. That at morning business for such time as I this year in this body. least gives us part of the disclosure may consume. The international community has necessary to find out what a country, The ACTING PRESIDENT pro tem- understood this. As a result of recog- which is so poor in the way it treats its pore. Without objection, it is so or- nizing this problem, the international people, is doing with the moneys that dered.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9898 CONGRESSIONAL RECORD — SENATE September 29, 2009 MAJOR REFORMS FOR AMERICA sumers in this country access that mon sense and basic fairness be estab- PRESCRIPTION DRUG PRICES drug? Why don’t they have the freedom lished in the pricing of prescription Mr. DORGAN. Madam President, to access that drug? drugs in this country. The way to do today a news story had the title ‘‘Lead- We have put out a piece of legislation that is to give the American people the ing Dem Plans to Blow Up Deal with that establishes much greater security freedom to access this identical pre- Big PhRMA’’: for the safety of our drug supply with scription drug in other areas where it batch lots and pedigrees and every- is sold at a fraction of the price. A Senate Democratic leader is hoping to blow up the deal reached between the White thing that attaches to the security So, again, I wanted to disabuse any- House, drug makers and Senate Finance side, and then we say the American body of the notion that we are going to Committee Chairman Max Baucus by intro- people can access the FDA-approved blow up something. It is not true. I un- ducing an amendment on the floor to allow drugs in the countries that have the derstand the pharmaceutical industry prescription drugs to be imported from Can- same chain of custody we have and does not like what we are trying to do. ada . . . et cetera. that have the same kind of safety we They would like to have absolute pric- There is a picture of me. I woke up have. Give the American people free- ing capability to price our drugs, in the this morning not thinking I was going dom. When they have that freedom to case of Lipitor, at $4.50 a tablet when to try to blow up anything. So I want access those identical drugs at a lower they sell it to others for less than half to respond to this. price, sold at a fraction of the price in of that. I understand they would like The question is, are those of us in other parts of the world, then the phar- that opportunity. On behalf of the this Chamber—a bipartisan group of 30 maceutical industry will be required to American citizen, I say it is not fair. It ranging from myself and Senator reprice those drugs in this country and is wrong, and it ought to change. If we SNOWE as the lead sponsor, Senator give the American people fair pricing. pass the legislation we have intro- STABENOW, Senator MCCAIN, and so That is just a fact. duced—a broad bipartisan group here many others who want to deal with I understand the White House nego- in the Senate—it will give the Amer- this issue of fair pricing of prescription tiated with the pharmaceutical indus- ican people freedom and force, in my drugs—are we trying to blow some- try and came up with a plan by which judgment, a repricing toward fair thing up? The answer is no. We have the pharmaceutical industry over 10 prices for prescription drugs in our been trying for a long time in this years would fill part of what is called country. Chamber to say we ought to have fair the doughnut hole. It is complicated to Again, I wanted to make the point prescription drug pricing for the Amer- explain—the doughnut hole is a portion that we are not trying to blow up any- ican people, and presently it is not fair. of the drug benefit in which the seniors thing; we are trying to fix something This is a pill bottle that would con- have to pay their own drug costs. So I that is wrong, and we are going to try tain Lipitor made by Pfizer. It is made understand there was an agreement be- to do that when the health care reform in Ireland and then sent around the tween the White House and the phar- bill comes to the floor of the Senate. world. These two bottles are identical. maceutical industry to provide a dis- We have been guaranteed an oppor- tunity. Senator MCCAIN and Senator One is red, one is blue, but had the count to seniors in the donut hole, but SNOWE and I intended to offer this ear- same pill made by the same company nobody here was a part of that agree- lier in the year, and as a result of that, put in the same bottle, this one shipped ment. to Canada, this one shipped to the The 30 or so of us who have been very the majority leader said: Don’t offer it United States. This was $1.83 per tab- strongly working to address this issue here, but I will make certain you have let. That is what the Canadian con- feel that when the health reform bill the opportunity on the floor of the sumers paid. Our consumers got to pay comes to the floor of the Senate, we in- Senate. That is why we will be in line right toward the front end of the $4.48 per tablet. The same pill, same tend to offer this amendment. If you health care reform bill to offer the company, same bottle, different price— don’t deal with the increasing cost of amendment and have a debate. American consumers get to pay the prescription drugs when you try to put higher price: $4.48 per pill compared to downward pressure on the cost of FINANCIAL INDUSTRY REFORM $1.83. It is not just Lipitor. That is the health care, in my judgment, you have If I might, for a couple of minutes on most popular cholesterol-lowering failed. One of the fastest areas of cost another subject, say that I have spoken often about an issue on the floor of the drug, widely taken. It is not just con- increases has been prescription drugs. Senate that goes back some decade or sumers of Lipitor, it is consumers—this You are just going to leave that aside so on the matter of financial reform. I happens to be Canada, but in here I and say: Don’t pay any attention to am not going to revisit all of that, could put France, Germany, Spain, that; it doesn’t matter. You can’t do which happened 10 years ago, but I do Italy, and so on—it is that we are that. So we are trying to find a way to want to say this: I happen to think one charged the highest prices in the world put some downward pressure on health of the first items of business this year for brand-name drugs. Plavix is 73 per- care prices, and that must include put- should have been financial reform. I cent higher than Canada. Boniva is 90 ting some downward pressure on pre- know others disagreed. I know the percent higher than Canada. Zocor is scription drugs. President wanted to do health care and 103 percent higher than Canada. The Let me be quick to point out that the some other items first. But I know the list goes on—157 percent higher than pharmaceutical industry does impor- President and his team are working they pay in Canada; 194 percent. It is tant things. I don’t wish them ill at all. very hard now on financial reform. It is just not fair. I have done things that support them, very important to get this right. One day, I sat on a hay bale at a lit- including research and development I wish to make a point. I have been tle farm reception with a guy in his tax credits and so on. But I am not in- reading recently about what is hap- eighties. We sat there just talking. He terested in just waiting to allow them pening, and I would like to dem- said: My wife has been fighting breast to continue to price their brand-name onstrate what is happening. cancer for 3 years. He said: For 3 years, pharmaceutical drugs much higher to Last fall, a whole series of things we have driven to Canada to buy our consumers than they do to vir- steered this economy into the ditch, Tamoxifen, where she could buy it for tually every other consumer in the the deepest economic downturn since 80 percent less than it cost her in North world. It is not fair. the Great Depression. Dakota. That is the only way we could When the health care reform bill So now, September 12, 2009, The New afford to pay for her drug to fight her comes to the floor of the Senate, I and York Times, ‘‘A Year Later, Little breast cancer. my colleagues—Senator STABENOW, Change on Wall Street’’: I am just saying that is not fair. So Senator MCCAIN, many others; a bipar- One year after the collapse of Lehman a group of us have been trying for a tisan group—intend to offer this bill as Brothers, the surprise is not how much has long time to pass legislation that al- an amendment. It is not intended to changed in the financial industry, but how lows the consumer freedom, the free- blow up anything. We weren’t a part of little. Not much change on Wall Street. dom to say: If this identical drug is constructing anything; we are not September 15, the Washington Post, being sold in Winnipeg, Canada, at a going to blow up something. All we are ‘‘The Wall Street Casino, Back in Busi- fraction of the price why can’t our con- going to do is demand that some com- ness.’’ Think of that. A year after the

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9899 almost unbelievable, deepest recession if you were cutting sausage and selling Mr. ALEXANDER. Madam President, since the Great Depression, 1 year it to investment funds. So everybody I ask unanimous consent that the order later, ‘‘The Wall Street Casino, Back in was fat and happy, making all this for the quorum call be rescinded. Business.’’ money despite the fact they were cre- The ACTING PRESIDENT pro tem- What are they talking about? Credit ating this house of cards. And then the pore. Without objection, it is so or- default swaps, derivatives, synthetic house of cards collapsed, and we had all dered. derivatives, you name it, all kinds of of these firms with dramatic leverage Mr. ALEXANDER. How much time exotic products where they securitized and exposure. Then we were told: You remains on the Republican side? everything. Everybody made a bunch of know what, you have to bail them out. The ACTING PRESIDENT pro tem- money, and on the way back from de- They are too big to fail. The American pore. The time is not divided. positing money in their bank accounts taxpayer has to come out and open Mr. ALEXANDER. Madam President, one day, they discovered the economy their pocketbook and provide the funds I ask unanimous consent that we be permitted to engage in a colloquy for collapsed because a lot of bad decisions because these companies are too big to up to 20 minutes. had been made by people who were fail. The ACTING PRESIDENT pro tem- gambling. The fact is, when we discuss financial pore. Without objection, it is so or- September 8, the Washington Post, reform, there is too little discussion dered. ‘‘A Year After Lehman, Wall Street’s about this right now. All the discussion Acting Like Wall Street Again.’’ Not we see are these stories: ‘‘Wall Street f much change. is Back in Business Again’’; ‘‘Banks HEALTH CARE REFORM Wall Street Journal, August, last Still Trading in Derivatives on Propri- Mr. ALEXANDER. Madam President, month, ‘‘Bankers Play Dress Up With etary Accounts.’’ They might as well all of us were home in August. It was a Old Deals’’: just put up a blackjack table in their pretty good thing we were, because the Irresponsible securitization helped bring lobby. Nothing is changing. people of the United States had a lot to the financial system to its knees. Yet, as So the question is, when we get to say to us about the health care bill. I banks start to heal, little seems to have this point—and it is very soon, I hope— think President Obama was very cor- changed. Wall Street has quickly fallen back will we seriously address the doctrine on old habits. rect when he said the health care re- of too big to fail. If we don’t, we will go form bill is a proxy for the role of Fed- By the way, some of these FDIC-in- down exactly the same road and, mark eral Government in our everyday lives. sured banks are still trading in deriva- my words, we will find the same ditch I think that is what we are debating tives out of their own proprietary ac- once again for this economy. We must here. On the one side, we have an effort count. They may just as well put a ca- address this issue of too big to fail. by the majority and the President to sino in their lobby or be playing Keno Some of the too-big-to-fail institutions do this massive, comprehensive health in their boardroom. got a lot of TARP funds from the care reform with thousand-page bills This is Steve Pearlstein, September American taxpayer. And by the way, and White House czars and trillions in 11: ‘‘Wall Street’s Mania for Short- they have gotten bigger now—too big spending and debt. That is on the one Term Results Hurts Economy.’’ to fail, and now they are too bigger to side. On the other side we have Repub- Look, the reason I wanted to go fail, I guess. It doesn’t sound like good licans saying we want health care re- through this is I agree not much has English to me. But too big to fail is a form, but let’s focus on reducing costs changed, and certainly not enough has problem, so you make them bigger. It to each American who has a health changed. The question, it seems to me, makes no sense. care policy—that is 250 million of us— as we deal with this issue of financial This has to be a centerpiece in our that is why people are showing up at reform is, Will we address a central discussion going forward. Are we going town meetings; it is not some abstract issue for me, and that is the too-big-to- to continue to have no-fault capitalism thing—and reducing costs to our gov- fail issue? When we have decided as a where some of the biggest financial in- ernment, because we know that $9 tril- matter of economic doctrine in this stitutions in this country are engaged lion more in debt is coming. country that there are big companies in gambling, trading in derivatives on Mr. MCCAIN. Will the Senator yield that are too big to fail—too big to their own financial accounts in a bank, for a question? fail—to me, that is no-fault capitalism. while the bank is FDIC insured? Are we Mr. ALEXANDER. Yes, I will. We saw that last fall. going to continue to allow that, or are Mr. MCCAIN. First, concerning the We had the Treasury Secretary come we finally going to decide that this costs, how do we know what the cost is to the Congress, and he said, on a Fri- doctrine of too big to fail has to be ad- if we don’t have legislative text? I day: If you don’t pass a three-page bill dressed along with the other issues? think all of us have been around here giving me $700 billion and do it in 3 Are we going to securitize everything? long enough—we have talked a lot days, there is eminent collapse of the Are we going to continue to allow this about the 72 hours that I absolutely American economy. The fact is, I unbelievable expansion of leverage? All think we need. The text should be on- didn’t vote for the $700 billion because of these are important questions. line so that every American—not just I didn’t think he had the foggiest idea At the end of the day, to me, the the 100 of us who are fortunate enough what he was going to do with that question of the doctrine of too big to to be here—can read it. Everybody money. fail is overriding. We must end that should have the right to know what a The plain fact is as well that the very proposition. It is not just me, there are fundamental reform of health care in firms that did the kind of damage that a lot of good economists who believe America is all about, and they should steered this economy into the ditch— this must be a part of our financial re- be able to read the legislation if they by the way, one of which the then- form. want to. Treasury Secretary had previously My hope is that in the coming month Just as importantly, I ask my friend, worked for—dramatically expanding le- or so following the discussion on health has he seen any legislative text any- verage; engaging in unbelievable, so- care reform, we turn to financial re- where? Is it true that the Finance phisticated exotic products they form. I am going to be on the floor Committee is moving forward with leg- couldn’t even understand. But you talking again about the doctrine of too islation regarding which there is no didn’t have to understand them as long big to fail and about the Federal Re- legislative text? And by the way, we as you were making a lot of money on serve Board’s notion of what that doc- find out now, according to the Wall them; securitizing almost everything; trine means and what their responsibil- Street Journal, Mr. Barthold noted in a the scandal in subprime loans; paying ities are. followup letter that the willful failure massive bonuses to brokers who put I yield the floor, and I make a point to file; that is, to take the government mortgages out there called liar’s loans, of order that a quorum is not present. option, would be punishable by a $25,000 meaning people didn’t have to describe The ACTING PRESIDENT pro tem- fine or jail time under a section of the their income in order to get a mort- pore. The clerk will call the roll. bill. gage; and then securitizing the good The legislative clerk proceeded to I wonder how many Americans are with the bad and slicing and dicing as call the roll. aware of that. In fact, I have to tell my

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9900 CONGRESSIONAL RECORD — SENATE September 29, 2009 friend from Tennessee, I was unaware [From the Wall Street Journal, Sept. 29, would have made more affordable and of it. So if we are unaware of it, should 2009] accessible health care to those inde- we not have legislative text so that RHETORICAL TAX EVASION pendent contractors, the small busi- Americans know what is being legis- President Obama’s effort to deny that his ness people. It was rejected and we lated in the Senate Finance Com- mandate to buy insurance is a tax has taken could not get a cloture vote. mittee; and second, shouldn’t it be on another thumping, this time from fellow Mr. ALEXANDER. May I interrupt line at least 72 years so everybody Democrats in the Senate Finance Com- for a moment? I often hear it said that mittee. would know about it? you Republicans are not for health care Chairman Max Baucus’s bill includes the too much. The difference is we have a Mr. ALEXANDER. The Senator is so-called individual mandate, along with little more humility than to try to right. He and I and the Senator from what he calls a $1,900 ‘‘excise tax’’ if you take on the whole health care system Georgia are on the HELP Committee. don’t buy health insurance. (It had been as at once and fix the whole world. We are We worked and we spent many hours in much as $3,800 but Democrats reduced the amount last week to minimize the political ready to go step by step, and that is June and July marking up that version sticker shock.) And, lo, it turns out that if one of the most important steps—to of the health care bill. We finished our you don’t pay that tax, the IRS could punish allow small businesses to pool their re- work about July 15. That bill was 839 you with a $25,000 fine or up to a year in jail, sources and offer health care to their pages. It wasn’t even presented to us or both. employees. I think the estimate is it until early in September, and we still Under questioning last week, Tom would add maybe a million new people don’t know what it costs. I wonder if Barthold, the chief of staff of the Joint Com- mittee on Taxation, admitted that the indi- who could be insured that way. the Senator from Georgia heard much Mr. ISAKSON. Under outside esti- about reading the bill and how much it vidual mandate would become a part of the Internal Revenue Code and that failing to mates—not mine—of the 47 million al- costs. comply ‘‘could be criminal, yes, if it were leged uninsured, up to 16 million would Mr. ISAKSON. The Senator from Ari- considered an attempt to defraud.’’ Mr. have access to insurance because of as- zona and the Senator from Georgia and Barthold noted in a follow-up letter that the sociated health plans and small busi- 1 willful failure to file would be a simple mis- I all sat through 67 ⁄2 hours of markup ness reform. That is a third of the un- in the HELP Committee on an 839-page demeanor, punishable by the $25,000 fine or jail time under Section 7203. insured. bill, which was not scored and had 3 ti- So failure to pay the mandate would be en- Mr. MCCAIN. My friend from Ten- tles blank and they are still blank. We forced like tax evasion, but Mr. Obama still nessee brings up a good and an impor- didn’t have text during that debate on claims it isn’t a tax. ‘‘You can’t just make tant point about some saying that Re- three titles within that bill, and what up that language and decide that that’s publicans have no plan. The fact is that they are developing in the Finance called a tax increase,’’ Mr. Obama insisted the Republicans have no plan for the Committee today, as I understand it, is last week to ABC interviewer George government to take over the health concepts. The language is somewhere Stephanopoulos. Accusing critics of dishon- care system in America. That is what that we have not yet seen. This is too esty is becoming this President’s default ar- it is. What are we for? We are for going gument, but is Mr. Barthold also part of the important for us to guess on and to plot? across State lines so that these small take a chance on. It is most important In the 1994 health-care debate, the Congres- businesses and individuals—and the that Congress know precisely what it is sional Budget Office called the individual Senator from Georgia used to be one of doing. mandate ‘‘an unprecedented form of federal them—can get the health insurance Mr. ALEXANDER. Maybe the Sen- action.’’ This is because ‘‘The government policy of their choice. Why should they has never required people to buy any good or be restricted to the State they are in ator from Georgia and the Senator service as a condition of lawful residence in from Arizona know more about this when perhaps there are minimum re- the United States.’’ quirements for those health insurers than I do, and they are debating con- This coercion will be even more onerous cepts but they are getting down to spe- today because everyone will be forced to buy residing in that State for coverage, cifics. I saw in a morning newspaper insurance that the new taxes and regulations which they neither want or need, and it that Nevada was somehow miracu- of ObamaCare will make far more expensive. may be in another State. Why don’t we lously taken care of in the provisions Too bad Mr. Obama’s rhetorical tax evasion allow small business people to pool for Medicaid expenses. We have had can’t be punished by the IRS. their assets together and negotiate Governors, both Democrats and Repub- Mr. MCCAIN. This says: with health insurers across America licans, here saying if you are going to Chairman Max Baucus’s bill includes the for the best policy they can get? And expand on Medicaid in our State, pay so-called individual mandate, along with we are for medical malpractice reform for it. What happened in Nevada? what he calls a $1,900 ‘‘excise tax’’ if you and medical liability reform. We know don’t buy health insurance. (It had been as doctors prescribe time after time, to Mr. MCCAIN. I say to my friend from much as $3,800. . . .) protect themselves, unneeded and un- Tennessee, first, it is clear that the So American small businesses, which necessary procedures and tests. We all Medicaid cost increases to the States are hurting more than any other group know that. That is in tens if not hun- will be incredibly large. In the original of Americans today, the creators of dreds of billions of dollars. We are for version of the bill, according to media jobs—are now facing a $1,900 excise tax. medical malpractice reform. Where is reports, the State of Nevada would By the way, the President, in response it in any bill that has been proposed by have, along with every other State, a to George Stephanopolos, said there the other side? significant Medicaid expense. So some- was no tax engaged here. I wonder how We want outcome-based treatment. how now the legislation has been many Americans are aware of that and We want an individual who has a cer- changed, again, according to media be- how many Americans have had the op- tain chronic disease to be treated on cause—excuse me, the concept has been portunity to know exactly not only the basis of long term. We want Ameri- changed because we don’t have legisla- what the costs to the Federal Govern- cans who have preexisting conditions tive language—that 4 States would ment and the respective States are, but to have a risk pool they can go to or then have 100 percent of their Medicaid the costs to the individuals who are where risk pools would be established costs assumed by the Federal Govern- struggling to make it in America at a so they can get health insurance, and ment for as long as 4 or 5 years. That time of almost unprecedented unem- insurers will bid on those people with is what goes on with the laws and sau- ployment? so-called preexisting conditions, so sages business here. I ask the Senator Mr. ALEXANDER. That is a very that every American can have afford- again, do you—first, I ask unanimous good point. The Senator from Georgia able and available health insurance. consent that the editorial entitled was in small business for many years We are for that. We are for medical ‘‘Rhetorical Tax Evasion’’ in the Wall before he came to the senate. malpractice reform. We are for going Street Journal this morning be printed Mr. ISAKSON. Yes, I ran a small real across State lines to get a policy of in the RECORD. estate company for 22 years. We tried— your choice. We are for outcome-based There being no objection, the mate- myself and other distinguished Sen- care. We are for taking on the drug rial was ordered to be printed in the ators—on the floor to pass small busi- companies that have cut an unholy RECORD, as follows: ness health reform 3 years ago which deal with the administration, which

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The administration’s D, for these patients who need it, who will not have Medicare 7 or 8 years most recent comment about tort re- don’t have health insurance. from now unless we fix the issue of form, to which the Senator from Ari- So we are for a number of things, but costs. zona referred, was they want to do a we are not for a government takeover Mr. ISAKSON. The Senator is pre- study. A study is not what we need. of the health care system. So the next cisely right, because as of right now, What we need is action. That is one of time we read that the Republican party Medicare goes broke in 2017. That is the biggest contributors to the rising does not have anything they are for, only 8 years from now. In this bill, part cost of health care we have. then they are not paying attention. of the pay-fors is to raise the cost of Mr. MCCAIN. Or a demonstration There is more that we are for, but it Medicaid on the States to a level that project conducted by the Secretary of has to do with competition and with would take Georgia’s Medicaid pay- Health and Human Services who knows availability and with affordability of ments in 2014 by State tax dollars to be a lot about this, I admit, because I un- health care in America, not a govern- from 12 percent to 20 percent of our derstand she was head of the Trial ment takeover. We have seen that State budget. That is not the way to Lawyers Association for a number of movie before in other countries. run a railroad. years. I am sure that gives significant Mr. ALEXANDER. As I listen to the Mr. ALEXANDER. Going back to the qualifications to the person who is Senator, I wonder if the Senator from point of the Senator from Arizona, I tasked with this project. Georgia is having the same impact. hear our friends on the other side say Life is full of anecdotes and experi- Every single step he said Republicans you have used scare tactics, saying ences we have. I was down in Miami at are for, whether it is getting rid of run- there will be Medicare cuts. I ask the the Palmetto Hospital. I spoke to a away junk lawsuits, going across State Senator, did I not hear the President surgeon there. By the way, they treat a lines to buy insurance, whether it is al- say he was going to take a half trillion very large number of people who have lowing small businesses to pool re- dollars out of Medicare for seniors? come to this country illegally. I asked sources, or incentivizing prevention There are about 45 million seniors on the surgeon: How are you doing on and wellness, they are all focused on Medicare and who depend on Medicare, making your insurance payments, your reducing costs. and they will spend it on new pro- malpractice or medical liability insur- I ask the Senator from Georgia, I grams. Is that not what I heard him ance payments? thought this was supposed to be about say? He said: I don’t have a problem. I reducing costs for health care pre- Mr. MCCAIN. That is why there is a don’t have it. I don’t have it because I miums and costs to our government; rising sentiment, particularly among couldn’t afford it and probably I am but it seems to me we are talking seniors, against this plan, the one not going to get sued because if they about more billions and more debt and passed through the House and passed sue me, they are only going to get ev- more spending and taxes. through our HELP Committee and is erything I have, not what the insur- Mr. ISAKSON. Those are the two now being formulated. Our seniors and ance company has. things Republicans don’t want, which our citizens are a lot smarter than We are giving physicians and care- is more debt to bankrupt our children many times we give them credit for. givers the untenable option of either and grandchildren and more taxes. They know you are not going to get $1⁄2 paying skyrocketing malpractice in- Robert from Loganville was on my trillion in ‘‘savings’’ from Medicare surance premiums—in some cases teletown hall meeting a week ago in without there being reductions in $200,000 a year for a neurosurgeon—or Georgia. We were talking about the Medicare. as this surgeon did and others have pay-fors. He said, ‘‘Senator, I want to There are hundreds of billions of dol- done: I am not going to have insurance. ask you a question. The administration lars of savings that can be enacted in That is not an acceptable thing to do keeps talking about there being a half Medicare, but why don’t we start to- to physicians in America or anybody in billion dollars of waste, fraud, and morrow or why didn’t we start yester- America. abuse in Medicare. If that’s true, why day or why didn’t we start at least at Mr. ISAKSON. The other con- haven’t you saved it instead of using it the beginning of this debate imposing sequence of that is the threat of it, and to save against a national health those savings so we could have a delay the cost of becoming a physician is care?’’ in the year when Medicare goes broke? driving young people to go into other That is precisely right. The pay-fors Mr. ALEXANDER. May I ask the professions. We are going to have a they are talking about to keep us from Senator, if there are savings in Medi- shortage of providers, not just in physi- going into debt are moneys that may care, shouldn’t it be spent on Medi- cians but nurses and caregivers, if we or may not be there. They involve tax- care? have an overly regulatory system and ation and raising taxes on small busi- Mr. ISAKSON. Absolutely. an indefensible tort system. nesses. Those are the things we don’t Mr. MCCAIN. That is an excellent Mr. ALEXANDER. The Senators want to do as Republicans. point. But also the fact is to root out from Arizona and Georgia have raised a Mr. MCCAIN. I ask the Senator from this waste, fraud, and abuse is going to number of questions that need to be Georgia, do you believe, one, that take time and effort and it is going to answered. How much is the expansion small business people in America today require some pretty hard work on our of Medicaid going to cost States in are ready for an additional cost laid on part. But we need to change some of State taxes? How much of the Medicare them to provide health insurance for the fundamentals of the Medicare sys- costs are going to cost people on Medi- themselves and their employees? tem in providing more competition in care? Are individual premiums actu- Should we not make it easier and less the form of prescription drugs, in the ally going up instead of down, which is costly, rather than imposing a govern- form of medical malpractice liability what the Congressional Budget Office ment mandate, which may have types reform, in the form of more competi- said. Why is there not something for of health care that they neither want tion between drug companies for Medi- getting rid of junk lawsuits in the bill? nor need, or paying an ‘‘excise tax,’’ as care and Medicaid patients. These re- Why don’t we have a small business is in Chairman BAUCUS’s bill? forms we are advocating have to be en- health insurance pool? The second point I want to ask the acted in order to bring down the costs The point we made when we first Senator about, of course, is this whole of Medicare, Medicaid, and overall started is if we are taking on 17 or 18 issue of what should be the govern- health care costs in America. percent of the whole economy in an- ment’s role in health care in America Look, it is obvious. The cost esca- other one of these 1,000-page-plus bills, today. We freely admit—not only lations that are bringing Medicare to a why then do the Democratic Senators admit but appreciate the fact that crisis are the same cost escalations ev- vote down the amendment to say that

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Again, wouldn’t it be nice for our and make it affordable and available. a bill we can afford. constituents—by the way, many of Unfortunately, as we watch the machi- Mr. ALEXANDER. I thank the Sen- them come to the townhall meetings nations going on in the Finance Com- ator from Arizona and the Senator with a sign that says ‘‘Have you read mittee, that has not happened yet. from Georgia. They said what we be- the bill?’’—to let them read the bill Mr. ISAKSON. I completely concur lieve. We need to stop, start over, and too. Wouldn’t it be nice if every Amer- with the Senator from Arizona and the get it right. Above all, we—it seems ican citizen who wanted to could go on- Senator from Tennessee. There is com- such a basic thing to say it is almost line and read the legislation and give mon ground, but you have to be willing embarrassing to say it on the Senate us their ideas and thoughts as to how to find it. So far that has not been the floor—we need to make sure we read we could make it better? case. When we get to that point, we can the bill before we vote on it, and we May I mention—I hate to keep com- solve a lot of the American peoples’ need to make sure we know what it ing back to this issue of medical liabil- problems. Just ramming through some- costs before we vote on it. Those two ity—a PricewaterhouseCoopers study thing we cannot read, we cannot quan- things are minimum requirements. says defensive medicine could cost us tify, we cannot score is not the way to From the Republican side, we want as much as $200 billion annually. If we go about it. to reduce health care costs, and rather Mr. ALEXANDER. If there is one are interested in savings, why don’t we than try a comprehensive health care point we would want to make, it is go right at that? Do we need a dem- reform of the whole system, we would this. It is such an ambitious program. onstration project someplace around like to work step by step in the direc- The stakes are so high. This is no ab- tion of reducing costs in order to re- America? I don’t. stract debate. The reason people are May I mention one other point, and I earn the trust of the American people. turning up at town meetings is because would be interested in my colleagues’ Senator MCCAIN and Senator ISAKSON this is about their health care insur- views on it. This proposal also levies have outlined a series of steps ranging ance and also whether your govern- new taxes on medical devices. Why in from eliminating junk lawsuits against ment is going to go broke in the next doctors to allowing small businesses to the world would we want to do that? few years, dumping a lot of burdens on Medical devices and the best tech- pool their resources, all of which would our children and grandchildren. help reduce costs. I thank the Sen- nology in the world are developed in What we are saying is we need to America, but they are very expensive ators. read the bill and know how much it I yield the floor. I suggest the ab- as they are. Why would we want to levy costs before we start voting on it. We new taxes on medical devices when we sence of a quorum. need to read the bill. It needs to be on- The PRESIDING OFFICER (Mr. WAR- know very well that if the insurance line 72 hours. That is a modest request, NER). The clerk will call the roll. company is paying for them, the insur- it seems to me. That is a short period The legislative clerk proceeded to ance company passes on those in- of time. Then we need to know how call the roll. creased costs to the insured, thereby much it costs. Does it raise our pre- Mr. MCCAIN. I ask unanimous con- increasing the cost of health insurance miums or lower them? Does it cut your sent that the order for the quorum call in America. Why would we want to do Medicare, or does it not cut your Medi- be rescinded. that? care? Does it increase the national The PRESIDING OFFICER (Mr. Mr. ISAKSON. It is raising the cost debt, or does it not increase the na- CASEY). Without objection, it is so or- to the consumer because a lot of those tional debt? We need to know the an- dered. types of things that are being taxed are swers to those questions. It would be f purchased discretionarily and are not the height of irresponsibility for us to DEFENSE APPROPRIATIONS covered. They are paid for out of the begin debating a bill that affects 17 pocket of the consumer. When you tax percent of the economy at a time when Mr. MCCAIN. I rise to address the the medical device, you are just raising our debt is going up so rapidly without issue of the Department of Defense Ap- the cost of the medical device to the having, one, read the bill and, two, propriations Act for fiscal year 2010, consumer. knowing exactly what the nonpartisan which is the pending business before Mr. MCCAIN. What the other side is Congressional Budget Office tells us the Senate. trying to do is expand government, ex- every provision costs. The funding provided in this legisla- pand coverage, and yet, at the same Mr. MCCAIN. Can I tell my friend, if tion is very crucial. We need to support time, reduce costs. You cannot square the American people are able to know our commanders as they lead oper- the circle. That is why they keep the details of this legislation, I think ations in Afghanistan, Iraq, and else- bumping into—every time there is a they would be surprised to know that where, and care for the men and women new proposal and to make things more the new taxes—the medical devices, the who are in the military, including expansive and more available, they run prescription drugs and other tax in- making sure they are provided for, as into escalations in costs and how we creases—they begin in the year 2010, 3 well as our wounded warriors. But I are going to pay for it. years before the provisions in the bill also note with great concern and I believe our constituents, again, for ‘‘reform’’ are implemented. So for alarm, dismay, and even disgust that have figured it out—a reestimate of a the next 3 years, the cost of health care billions of dollars in wasteful ear- $7 trillion to $9 trillion deficit over 10 and health insurance goes up due to marks, unrequested, unauthorized, years, a some $700 billion stimulus the new taxes and fees, but the so- have again found their way into this package that may have stimulated called reforms are not implemented— legislation. As I have said before, these Wall Street but, frankly, in my view why did they do that?—so that the ac- are serious times, and we as a Congress from being home a lot, has not stimu- tual costs, as we cost it out over a 10- are required to make serious decisions, lated Main Street and is not having an year period, are disguised by beginning tough decisions, that may go against effect on unemployment in America, to the taxes and not implementing the re- the special interests. say the least. The neighboring State of forms, which then the Congressional I need not remind my colleagues that California now has 12.2 percent unem- Budget Office can give a cost estimate we are at war or that the national debt ployment. They cannot get to where which is less than, frankly, what it ac- is growing ever larger. Recently, there they want to go without increasing tually is if you put the reforms in at was a reestimate of the deficit for the that deficit and debt burden that we the same time as the tax increases. next 10 years from $7 trillion to $9 tril- are laying on future generations of That is a little complicated, but I lion. We are facing deficits of unprece- Americans. think Americans need to know that. dented proportions. Yet the spending

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By the way, that is What I do know is that the appropri- sailor, either drunk or sober, with the one of the reasons the American people ators did not add $5.2 billion to the bill imagination Members of Congress have risen up in an unprecedented to pay for the unrequested additions have, which is best epitomized in this manner in demonstrations against the but, rather, secured this additional bill, as I will point out in several provi- way we do business here in Wash- funding by offsetting programs in other sions. We cannot afford the waste. We ington. parts of the bill. cannot afford it. It is our duty to fully So I want to be clear, disclosure is So what did the appropriators decide support the funding for our national good. But it was not inadequate disclo- to cut to make room for most of these defense and ensure that each dollar we sure requirements which led Duke unrequested earmark and porkbarrel spend is spent wisely in delivery of the Cunningham to violate his oath of of- projects? stated need and not on special inter- fice and take $2.5 million in bribes in They reduced $900 million from the ests. exchange for dolling out $70 to $80 mil- President’s request for the Afghanistan The Appropriations Committee has lion of taxpayers’ funds to a defense Security Forces Fund at a time when provided $626 billion in total funding contractor. It was his ability to freely the one thing we are in agreement on is for the Department of Defense—$498 earmark taxpayer funds without ques- that we need to increase the size of the billion for the base budget and $128 bil- tion. capability of the Afghan Army and se- lion for ongoing military operations in A lot is said during campaigns. A lot curity forces. It is a key component of Iraq and Afghanistan. Interestingly, it of promises are made. Unfortunately, the U.S. strategy in Afghanistan. So is $3.9 billion less than the President’s some are not kept. The President of they cut it by $900 million. Reducing budget request, and the bill further re- the United States pledged during his funding in the account runs counter to duces the Defense programs requested campaign that he would work to elimi- our ground commanders’ plan for the by the Pentagon to make room for $2.5 nate earmarks. The Speaker of the Afghan forces to assume a greater share of responsibility for security as billion in C–17 cargo aircraft slated for House promised to ‘‘drain the swamp.’’ quickly as possible. termination by the administration and Just last month, the President of the Equally as incredible, the bill re- United States spoke in Phoenix, AZ, to about $2.7 billion—I repeat, $2.7 bil- duces over $3 billion in operations and the Veterans of Foreign Wars. In that lion—in earmarks and special interest maintenance accounts through direct speech, the President’s words were items. cuts and cuts mandated in other provi- I have long talked about the broken quite compelling about waste and sions in the bill based on economic as- appropriations process and the corrup- porkbarrel spending in defense bills. In sumptions and excess cash balances. tion it breeds. I remain deeply con- that speech, the President promised an The administration strongly opposes cerned over the damage done to our end to ‘‘special interests and their ex- these cuts and in their Statement on country and the institutions we are so otic projects,’’ and he reaffirmed that Administration Policy said, ‘‘These re- proud to serve in by their continued he was leading the charge to kill off ductions would hurt force readiness abuse. programs like the F–22, the second en- and increase stress on the military peo- While we have made some progress gine for the Joint Strike Fighter, and ple and equipment.’’ on the issue in the last couple of years, the outrageously expensive Presi- This account is the lifeblood for our we certainly have not gone nearly far dential helicopter. military. The operations and mainte- enough. Legislation we passed in 2007 The President went on to say: nance of our men and women in the provided for greater disclosure of ear- If a project does not support our troops, we military and the equipment they use is marks, and that was a good step for- will not fund it. If a system does not perform absolutely vital. So what did we do? We ward. But the bottom line is, we simply well, we will terminate it. And if Congress took $3 billion out of operations and do not need more disclosure of ear- sends me a bill loaded with that kind of waste, I will veto it. maintenance and put it in those marks, we need to eliminate them. We porkbarrel projects, including the C–17. need to eliminate them. We should If the President means those words, The account provides for services with adopt the practice that was the prac- this legislation should be vetoed in its funds to carry out day-to-day activities tice here for a long time, up until re- present form by the President of the such as recruitment and fielding of a cent years, that we didn’t appropriate United States. trained and ready force, all military unless it was authorized. He went on to say: training and exercises, food, weapons, In the years that I have been here, I We will do right by our troops and tax- spare parts, equipment repairs, depot have seen a tremendous shift in the au- payers. maintenance, ship overhauls, transpor- thority and responsibility from the au- He is right. We should do right by our tation services including aviation fuel, thorizing committees to the appro- troops and taxpayers. Navy and Marine Corps steaming days, priating committees and a commensu- The bill has at least $5.2 billion in civilian personnel management and rate rise in earmarks and corruption. I programs the Pentagon does not need pay, and childcare and family centers. know my colleagues do not like to hear and did not ask for—$5.2 billion. One thing in this debate about Af- me use the word ‘‘corruption,’’ but we The President last month put on an ghanistan that almost everyone is in have former Members of Congress re- all court press to terminate the F–22 agreement on is that our equipment is siding in Federal prison. We had a Con- program in the face of congressional wearing out and that we are way be- gressman from California who used to determination to continue funding the hind in the repair and replacement of list the appropriations he was able to production of the aircraft. So why was spare parts, equipment—all that is nec- get in one column and in the other col- the President so adamant about termi- essary for our Active-Duty Forces and umn the amount of money he received nating the F–22 while at the same time our Guard and Reserve, who are prac- for earmarking those appropriations. possibly giving a free ride to 10 tically, for all practical purposes, Ac- That is corruption. unrequested C–17s in this bill at a cost tive Duty. And we are looking at—and It is not responsible for us to con- of $2.5 billion? How can one differen- I have guarded confidence that the tinue to load up appropriations bills tiate between a fighter aircraft that President will agree to General with wasteful and unnecessary spend- the Pentagon says further production McChrystal’s and Petraeus’ and Admi- ing. Americans all over this country is unnecessary from a cargo aircraft ral Mullen’s recommendation. We will are hurting. People are losing their that the Pentagon says the current need more money for operations and jobs, their savings, their homes. So fleet, coupled with those on order, is maintenance because we will be send- what are we doing? We continue the sufficient to meet the Pentagon’s ing more men and women and equip- disgraceful earmarking process, ele- needs, even under the most stressing ment to Afghanistan. So what did they vating parochialism and patronage pol- situations? Why has the administra- do? What is in this bill? A $3 billion re- itics over the true needs and welfare of tion, including the Secretary of De- duction. Well, what is in its place? I this Nation. I will be pointing out dur- fense, been silent on $2.7 billion in will be going over some of the projects ing the course of this debate a number Member-requested earmarks? These that are in its place.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9904 CONGRESSIONAL RECORD — SENATE September 29, 2009 One of the more egregious items in In connection with the fiscal year The Air Force, leader in hypersonic the legislation we are considering 2010 budget request, the President not testing and technology, lost interest in today is the addition of $2.5 billion for only requested no funding for addi- 2004, so appropriators moved the pro- 10 C–17 Globemaster cargo aircraft. tional C–17s but also recommended this gram to the Army. The Army has no First, let’s have a little background. program for termination. Particularly official requirement for this capability Recognizing that the Department’s in light of today’s financial con- and published a report in 2005 stating total requirement for 180 C–17 aircraft straints, continuing to spend billions of their disinterest in the program. has been well been exceeded for 3 con- dollars for more C–17s we do not need is To date, the Army has no plans to secutive years, the Bush administra- becoming increasingly unsustainable. fund the MARIAH wind tunnel effort, tion had actively tried to close down For these reasons, I will be offering an as they have stated in their budget the production line for the C–17s. None- amendment to strike the additional 10 documents. That has not kept the Con- theless, earlier this year, the House aircraft. gress from pouring more than $70 mil- Appropriations Committee Defense Given how much our airlift capacity lion into it—more than $70 million— Subcommittee, added eight more C–17s currently exceeds operational require- with no discernible return. One group for $2.25 billion to the 2009 supple- ments, I see no reason why we should has done very well in the deal, how- mental spending bill, a bill that is sup- buy more of these aircraft—at a min- ever. Of course, I am referring to lobby- posed to be used to fund the wars in imum, before key analyses on the sub- ists, including Gage LLC, whose CEO, Iraq and Afghanistan. The final version ject, such as the Institute for Defense coincidentally, had been a senior staff- of that bill included all eight of these Analyses’ review and the Department er to an appropriator from Montana. I aircraft. When the subcommittee met of Defense Mobility Capabilities and intend to offer an amendment to strike later to consider the 2010 Defense ap- Requirements Study are completed. this earmark in the bill, and I can as- propriations bill, it went ahead and I will be proposing an amendment sure you, you will hear more from me added three more. shortly that I hope will correct this on this. This is a little hard to see, this chart, egregious action on the part of the Ap- We have spent more than $70 million but it is an interesting one. These are propriations Committee. The men and on a project that has had no return, the C–17s that were originally in the women in the military, who are fight- that the military has said they have no Air Force budget. These are the C–17s, ing and putting their lives on the line, interest in pursuing. in red, that have been added by Con- deserve a lot better than that. Another earmark is $5 million to the gress. Each year—each year—the De- I want to talk for a few minutes battleship USS Missouri Memorial As- partment of Defense and the adminis- about earmarks. The practice of ear- sociation. This is a private organiza- tration have said: Enough. We have marking is detrimental to the Depart- tion which owns and operates this bat- enough C–17s. Obviously, that has not ment and, with increasing frequency, tleship as a museum in Pearl Harbor. I been the case. to Members themselves. The guilty am aware that the association plans to It brings us to where we are now— pleas of former Members of Congress, put the Missouri in drydock and refur- well in excess of requirements, con- congressional staffers, and lobbyists il- bish it, and also aware it was not part tinuing to spend billions of dollars for lustrate how earmarks have been used of the donation agreement that the De- aircraft we do not need. Including the 8 to corrupt the legislative process. fense Department would pay for re- C–17s in the 2009 supplemental, the De- Check the polls. The trust and con- quired maintenance. partment has bought now a total of 213 fidence on the part of the American I am all for Navy ships being placed C–17s. The original requirement was people in the Congress of the United in places where Americans can see and 180. States is at an all-time low, and de- appreciate the great service and sac- According to the most recent State- servedly so. rifice of the men and women in the ment of Administration Position, the By my preliminary count, there are military, the Navy and Marine Corps in administration ‘‘strongly objects’’ to almost 700 unrequested earmarks in particular. The deal was that the De- the addition of $2.5 billion in funding this bill, over 400 of which are not au- fense Department would not, that they for 10—count them: 10—unrequested C– thorized in the fiscal year 2010 National would take care of the maintenance of 17 airlift aircraft. The Department’s Defense Authorization Act. That rep- it, that they would take care of what- own analyses show that the 205 C–17s in resents more than $1.3 billion in fund- ever the needed expenses are. So here is the force and on order, together with ing for unrequested, unauthorized, $5 million. the existing fleet of C–5 aircraft, are Member-interest items. It is unaccept- Another earmark is $25 million for more than sufficient to meet the De- able. It is the constitutional duty of the National World War II Museum in partment’s future airlift needs even Congress to provide the Department of New Orleans, to help pay for the con- under the most stressing conditions. Defense the resources it needs while struction of new facilities as part of a In no uncertain terms, Secretary providing the oversight our constitu- $300 million expansion. This privately Gates has stated that the military has ents demand. We have a fiduciary obli- funded museum opened in 2000 and, no need to buy more C–17s. So here we gation to the American taxpayer, and through the help of the Louisiana dele- are, my friends, with a $3 billion cut in every time we tuck pork into an appro- gation, has already received $13 million operations and maintenance, which priations measure, we shun that re- in Department of Defense funds tucked any observer, much less the adminis- sponsibility. into previous appropriations bills. tration, the Secretary of Defense, and One of the great untold stories of ear- Again, if the members of the Appro- the Joint Chiefs, says, is vital to con- marking is that the money, which is priations Committee wish to go tinuing our operations and the well- diverted to special-interest projects, through the authorization process and being and protection of the men and would have otherwise been used to ad- have this project authorized, I would be women in the military, and we are add- dress the stated needs of our military more than willing to consider it. ing $2.5 billion for more C–17s. What services. The money does not come Another appropriation is $13.8 mil- kind of a tradeoff is that? from anywhere but the taxpayers’ wal- lion for five different earmarks per- Secretary Gates has stated the mili- lets and purses. But the service chiefs, taining to nano-tuber research. Of the tary has no need to buy more C–17s. who are in the best position to advise almost 800 earmarks I mentioned ear- While Secretary Gates called the C–17 Congress of their priorities, are rou- lier, hundreds are for high-tech re- ‘‘a terrific aircraft’’—and I agree—he tinely shortchanged so that Senators search or devices. I ask my colleagues stressed earlier this year that the Air and Congressmen can fund their pet whether they are capable of weighing Force and the U.S. Transportation projects. the merits of specific technologies they Command ‘‘have more than necessary A sampling: $9.5 million is in this bill fund in this bill. [strategic airlift] capacity’’ for airlift to fund research in Montana on Another earmark is $20 million for a over the next 10 years. Nonetheless, hypersonic wind tunnels, called center at the University of Massachu- continuing C–17 production would cost MARIAH—M-A-R-I-A-H. This self-lick- setts ‘‘dedicated to educating the gen- about $3 billion per year from 2010 on- ing ice cream cone has been with us, eral public, students, teachers, new ward. earmarked and unrequested, since 1998. Senators, and Senate staff about the

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9905 role and importance of the Senate.’’ ed to be on the Senate floor Tuesday, the Those figures are the most flattering the This center was neither requested in Mississippi Republican has added $10.8 mil- White House could have used: They refer to the President’s budget nor authorized lion in military grants earmarked for the the number of earmarks in the bills, not school’s polymer research. total spending. Total spending on military by Congress. Certainly a legitimate Cochran, the ranking Republican on the earmarks in the Senate declined by only 11 question should be whether $20 million Appropriations subcommittee on defense, percent from the $3 billion approved by Con- should be appropriated for a project also added $12 million in earmarked spending gress last year. that has nothing to do with the defense for Raytheon Corp., whose officials have con- ‘‘Despite the fact that earmarks are down, of this Nation. It may be a worthwhile tributed $10,000 to his campaign since 2007. there’s still nearly 800 . . . for projects that project. Why couldn’t we get it author- He earmarked nearly $6 million in military rose to the top by dint of political power ized? funding for Circadence Corp., whose offi- rather than project merit,’’ said Ryan Alex- cers—including a former Cochran campaign ander, president of Taxpayers for Common Another earmark is $10 million, as aide—contributed $10,000 in the same period. Sense. ‘‘The president needs to take a harder usual, to the University of Hawaii for a In total, the spending bill for 2010 includes line against waste and political gamesman- program called the Panoramic Survey $132 million for Cochran’s campaign donors, ship, particularly in the defense bill, which Telescope and Raid Response System, helping to make him the sponsor of more is paying for two wars.’’ Pan-STARRS. On the surface, this pro- earmarked military spending than any other There is, however, wide bipartisan support gram seems like a reasonable need for senator this year, according to an analysis in Congress for diverting funds to political the Air Force as a part of its Space Sit- by the nonprofit group Taxpayers for Com- donors or home-state causes. mon Sense. Sen. Daniel K. Inouye (D-Hawaii), chair- uational Awareness efforts. Unfortu- Cochran says his proposals are based only man of the Senate Appropriations Com- nately, the Air Force will not be get- on ‘‘national security interests,’’ not cam- mittee, ran a close second to Cochran’s $212 ting much return on this investment paign cash. But in providing money for million in earmarks this year, having added since it will only be allowed to use the projects that the Defense Department says it 37 earmarks of his own worth $208 million, telescope 5 percent of the time. did not request and does not want, he has according to the tally by Taxpayers for Com- Let’s get that straight. The Air Force joined a host of other senators on both sides mon Sense. of the aisle. The proposed $636 billion Senate Almost all of Inouye’s earmarks are for is paying $10 million so the telescope bill includes $2.65 billion in earmarks. programs in his home state, and 18 of the could be developed and maintained, President Obama has repeatedly promised provisions—totaling $68 million—are for en- and they are going to get to use it 5 to fight ‘‘the special interests, contractors tities that have donated $340,000 to his cam- percent of the time. In dollar figures, and entrenched lobbyists’’ that he says have paign since 2007. His earmarks included $24 the Air Force pays $10 million to the distorted military priorities and bloated ap- million for a Hawaiian health-care network, university and receives $500,000 in re- propriations in the past. In August, he told a $20 million for Boeing’s operation of the turn. What is more, the Air Force has convention of the Veterans of Foreign Wars Maui Space Surveillance System and $20 mil- that ‘‘if Congress sends me a defense bill lion for a civic education center named after not, in the 9-year life of this earmark, loaded with a bunch of pork, I will veto it.’’ the late senator Edward M. Kennedy. requested a single dollar for this pro- But the White House instead sent a gen- ‘‘Many of my earmarks are intended to gram. So since 2001, the Air Force has erally supportive message to the Senate support investment in small businesses been forced to spend more than $75 mil- about the pending defense bill on Friday, vir- working to hone new and innovative tech- lion of its budget allocation on a pro- tually ensuring that the earmarks will win nologies that will better protect and support gram it does not want—but might be final congressional approval. For the most our soldiers during a time when our nation is able to use—only to be denied use 95 part, the White House lauded the bill’s pro- at war,’’ Inouye said in a statement Monday. posed funding for the wars in Afghanistan In Cochran’s case, the proposed earmarks percent of the time. and Iraq, as well as its cancellation of three would benefit at least two entities that hired I do not dispute that some of the ear- programs that Defense Secretary Robert M. his former aides. The manager of Mississippi marks listed in the bill have value. I Gates has been particularly eager to kill this operations for Colorado-based Circadence is am sure they do. But I protest the year: the F–22 fighter plane, a second engine R. Bradley Prewitt, whose biography on the process by which Congress ignores pri- for the F–35 fighter and a new presidential company’s Web site states that he was coun- orities of the armed services so that helicopter program. sel and campaign manager to Cochran from The bill, however, would add $1.7 billion for Members can deliver tax dollars to 1997 to 2002. The University of Southern Mis- an extra destroyer the Defense Department sissippi, which would receive $10.8 million in their constituents for programs which did not request and $2.5 billion for 10 C–17 Cochran earmarks, paid $40,000 to a firm that may have nothing to do with the de- cargo planes it did not want, at the behest of employs Cochran’s former legislative direc- fense of our Nation, and at a time when lawmakers representing the states where tor, James Lofton, to help lobby on defense we can least afford to misuse resources. those items would be built. Although the appropriations, according to the firm’s Sen- We all know the economy has taken a White House said the administration ate registration. beating over the last year. Unemploy- ‘‘strongly objects’’ to the extra C–17s and to ‘‘Senator Cochran takes his responsibil- ment is just under 10 percent, and the the Senate’s proposed shift of more than $3 ities on the Appropriations Committee very billion from operations and maintenance ac- seriously,’’ spokesman Chris Gallegos re- national debt is $11.8 trillion. So we are counts to projects the Pentagon did not re- sponded Monday. ‘‘Senator Cochran does not, going to provide $20 million to a center quest, no veto was threatened over those and never will, base his decisions on cam- with a purpose to extol the virtues of provisions. paign contributions.’’ The absence of such a threat provoked the Senate? Mr. MCCAIN. Quoting from the arti- Winslow Wheeler, director of a military re- The issues we face as a nation require cle: all of us to make sacrifices—all of us. form project at the Center for Defense Infor- mation, to describe Obama’s stance as ‘‘too President Obama has repeatedly promised It is about time we started setting an wimpy to impact behavior.’’ Wheeler, who to fight ‘‘the special interests, contractors example. earlier criticized the House for approving a and entrenched lobbyists’’ that he says have In today’s Washington Post is an ar- version of the bill that includes extra C–17 distorted military priorities and bloated ap- ticle written by Jeffrey Smith, entitled planes, $2.7 billion worth of earmarks and propriations in the past. In August— ‘‘Defense Bill, Lauded by White House, other projects that Gates dislikes, said that As I mentioned— Contains Billions in Earmarks.’’ Mr. ‘‘as a long-time Senate staffer who has read he told a convention of the Veterans of For- President, I ask unanimous consent these documents for years, my interpreta- eign Wars that ‘‘if Congress sends me a de- tion of it is that the House-Senate con- that article be printed in the RECORD. fense bill loaded with a bunch of pork, I will ference will listen politely . . . and then do veto it.’’ There being no objection, the mate- as it pleases.’’ rial was ordered to be printed in the Senior Obama aides responded that the Mr. President, this bill fits that de- RECORD, as follows: White House never sought to fix the problem scription. [From the Washington Post, Sept. 29, 2009] of earmarks in one year. ‘‘The president has It goes on: been clear from Day One: He wants to change The bill, however, would add $1.7 billion for DEFENSE BILL, LAUDED BY WHITE HOUSE, the way business gets done in Washington,’’ an extra destroyer the Defense Department CONTAINS BILLIONS IN EARMARKS Thomas Gavin, a spokesman for the Office of did not request. . . . (By R. Jeffrey Smith) Management and Budget, said Monday. ‘‘The It talks about the C–17s and ‘‘the Sen. Thad Cochran’s most recent reelec- results speak for themselves. Earmarks in Senate’s proposed shift of more than $3 tion campaign collected more than $10,000 the defense appropriations bills are down 27 from University of Southern Mississippi pro- percent in the House and 19 percent in the billion from operations and mainte- fessors and staff members, including three Senate. This is an important step forward in nance accounts to projects the Pen- who work at the school’s center for research the president’s drive to shape a government tagon did not request, no veto was on polymers. To a defense spending bill slat- that is more efficient and more effective.’’ threatened over those provisions.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9906 CONGRESSIONAL RECORD — SENATE September 29, 2009 I want to say again, I am sure the The PRESIDING OFFICER. Without would be forced to reduce funding for managers of this bill will somehow try objection, it is so ordered. facilities sustainment, training, and re- to justify this transfer out of oper- The amendment is as follows: cruiting. ations and maintenance into the C–17. (Purpose: To strike amounts available for After 8 years of war, the Army’s It is not a credible argument. It is not procurement of C–17 aircraft in excess of equipment readiness has fallen to truly a credible argument. the amount requested by the President in worrisome levels. In testimony before the budget for fiscal year 2010 and to make The absence of such a threat provoked the Armed Services Committee this such amounts available instead for oper- Winslow Wheeler, director of a military re- year, Secretary of the Army Pete ation and maintenance in accordance with form project at the Center for Defense Infor- Geren said: amounts requested by the President in mation, to describe. . . . that budget and for Operation and Mainte- Predictable and timely funding is key for Senior Obama aides responded that the nance, Army, for overseas contingency op- us to be able to operate an organization the White House never sought to fix the problem erations) size of the United States Army. . . .When of earmarks in one year. ‘‘The president has funding is unpredictable, it makes it very been clear from Day One: He wants to change At the appropriate place, insert the fol- hard to plan long term. lowing: the way business gets done in Washington’’. I have seen a hollow Army, deeply de- ... SEC. ll. (a) REDUCTION OF AIRCRAFT PRO- CUREMENT, AIR FORCE, FOR EXCESS AMOUNTS graded in the decade after Vietnam and One thing I know about egregious FOR C–17 AIRCRAFT.—The amount appro- again during the drawdown of the 1990s. practices, if you do not stop them early priated by title III under the heading ‘‘AIR- Today’s forces are not in such dire in an administration, you never will. It CRAFT PROCUREMENT, AIR FORCE’’ is hereby straits as those, but 8 years of war has will be alleged that earmarks are down reduced by $2,500,000,000, the amount equal to taken its toll on the Army, Marines, less than they were before, it is an im- the amount by which the amount available Guard, and Reserve component ground portant step forward, and the sponsors under that heading for the procurement of C– forces. As GEN George Casey said: of the bill will say earmarks are down 17 aircraft exceeds the amount requested by the President in the budget for the Depart- ‘‘The current demand for our forces ex- 27 percent in the House and 19 percent ment of Defense for fiscal year 2010 for the ceeds the sustainable supply.’’ in the Senate. procurement of such aircraft, with the Particularly in a time of war, I urge Those figures are the most flattering the amount of the reduction to be allocated to my colleagues to invest in the recapi- White House could have used: They refer to amounts otherwise available for the procure- talization of our ground forces—not the number of earmarks in the bills, not ment of such aircraft. funding aircraft we neither need nor total spending. Total spending on military (b) AVAILABILITY FOR OPERATION AND MAIN- can afford with those investments. earmarks in the Senate declined by only 11 TENANCE.—The amount appropriated by title Finally, I wish to mention the Army percent from the $3 billion approved by Con- II for Operation and Maintenance is hereby Reserve and National Guard, which gress last year. increased by $2,438,403,000, in accordance ‘‘Despite the fact that earmarks are down, with amounts requested by the President in are, as General Casey described, ‘‘per- there’s still nearly 800 . . . for projects that the budget for the Department of Defense for forming an operational role for which rose to the top by dint of political power fiscal year 2010. they were neither originally designed rather than project merit,’’ said Ryan Alex- (c) AVAILABILITY FOR OPERATION AND MAIN- nor resourced.’’ In my view, any cut to ander, president of Taxpayers for Common TENANCE, ARMY, FOR OVERSEAS CONTINGENCY their operations and maintenance ac- Sense. ‘‘The president needs to take a harder OPERATIONS.—The amount appropriated by counts will retard the ability of these line against waste and political gamesman- title IX under the heading ‘‘OPERATION AND components to fit and deploy for mis- ship, particularly in the defense bill, which MAINTENANCE, ARMY’’, is hereby increased by sions at home or abroad. And I am sure is paying for two years.’’ $61,597,000. the Secretary of Defense would say he Mr. President, I have an amendment Mr. MCCAIN. Mr. President, the would like a lot more because of the at the desk, and I ask for its immediate amendment strikes funding in the De- wear and tear and degradation that al- consideration. fense appropriations bill for 10 C–17 ready exists to much of our equipment The PRESIDING OFFICER. The bill Globemaster aircraft that we neither and capabilities. is not yet pending. need nor can afford. My amendment We can and must do better. Left un- Mr. MCCAIN. I thank the Chair. also redirects those funds to critically corrected what we would do in this bill f important operations and maintenance is effectively fund the purchase of new accounts which the appropriators have aircraft that we neither need nor can CONCLUSION OF MORNING seen fit to cut. afford with critical sustainment BUSINESS At about $250 million per aircraft, money. That would have a significant The PRESIDING OFFICER. Morning the total cost to the taxpayer of the C– impact on our ability to provide the business is closed. 17 earmark in this bill is $2.5 billion. day-to-day operational funding that f But how are we paying for these air- our service men and women and their craft? With the cuts made in the bill, it DEPARTMENT OF DEFENSE families deserve. appears much of the offset for paying Let me turn briefly to the merits of APPROPRIATIONS ACT, 2010 for the 10 aircraft falls on the O&M ac- the C–17 earmark itself. If some of The PRESIDING OFFICER. Under counts. So why are we buying C–17s we these remarks sound familiar, that is the previous order, the Senate will re- don’t need and can’t afford while at the because I was on the floor of the Sen- sume consideration of H.R. 3326, which same time reducing overall O&M ac- ate less than 3 months ago speaking the clerk will report by title. counts by $3 billion? about C–17s when the Senate Appro- The bill clerk read as follows: I am sure the managers of the bill priations Committee earmarked eight A bill (H.R. 3326) making appropriations will justify this cut in operations and of these cargo aircraft in the 2009 sup- for the Department of Defense for the fiscal maintenance. I would rely on the judg- plemental appropriations bill at a cost year ending September 30, 2010, and for other ment of the Secretary of Defense and of $2.25 billion. That is right. In just 3 purposes. the Chairman and members of the months, the Appropriations Committee AMENDMENT NO. 2558 Joint Chiefs of Staff who will tell us has set aside nearly $5 billion for 18 C– The PRESIDING OFFICER. The Sen- they need this money for operations 17 aircraft that we don’t need, the Pen- ator from Arizona. and maintenance. tagon doesn’t want, and we can’t af- Mr. MCCAIN. Mr. President, I have I hope my colleagues understand ford. an amendment at the desk and ask for what this really means. If this bill Against that backdrop, over the last its immediate consideration. passes with these cuts, the Air Force in 3 years the White House has actively The PRESIDING OFFICER. The particular will be forced to decrease been trying to close down the C–17 pro- clerk will report. funding for training, equipment, depot duction line, asking for as much as $500 The bill clerk read as follows: maintenance, and the restoration and million per year to shut down the line. The Senator from Arizona [Mr. MCCAIN] modernization of air bases across the But over that same period, the appro- proposes an amendment numbered 2558. United States, and they would not be priators have been working in the Mr. MCCAIN. Mr. President, I ask alone. The Army, Navy, Marine Corps, exact opposite direction to ensure con- unanimous consent that the reading of and National Guard would also come tinued funding for the program in sup- the amendment be dispensed with. out on the wrong end of these cuts and plemental war funding bills—bills that

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9907 are supposed to be used to fund the C–17s we don’t need and can’t afford to from Pennsylvania, who is with us wars in Iraq and Afghanistan. critically important operations and today, worked with me last year to So despite that the Democrat Depart- maintenance accounts that are the life- raise those Pell grants that hadn’t ment of Defense’s overall requirements blood of our troops and their families. been raised in 5 or 6 years to get them for C–17s continue to sit at 180, the ap- So we have a choice with this amend- to the place where students had more propriators have required the Depart- ment. We can either continue to fund opportunity to go to school. For stu- ment to buy through fiscal year 2009 a an airplane that the military neither dents attending college today, the total of 213 C–17s, and they have done wants nor needs, or we can restore the maximum Pell grant is now $5,350, a so before two key studies have been cuts in funding in operations and main- historic high. completed. tenance which, according to the testi- By eliminating wasteful subsidies to This chart illustrates what is going mony of every military leader, is badly lenders, we can make college more af- on. Marked in red we see the C–17s the needed and wanted. The body will be fordable and focus our attention on re- appropriators have added. Why? Be- presented with that choice. tention and students’ success. That is cause our service men and women need Mr. President, I ask for the yeas and where one of the Nation’s most valu- them? No. In 2007, 2008, 2009, and 2010 nays on this amendment. able resources plays a critical role. The the Air Force budgeted money to close The PRESIDING OFFICER (Mr. community college system is essential the line each and every year. KAUFMAN). Is there a sufficient second? to training our most talented workers Is the reason some sort of new stim- There appears to be. and students for new jobs in new indus- ulus package which will create new The yeas and nays were ordered. tries. Last month, the New York Times jobs? No. That is because, as I men- Mr. MCCAIN. Mr. President, I yield reported how Sinclair Community Col- tioned, they have had three dozen more the floor. lege in Dayton focuses on jobs not just C–17s than the Air Force has needed. In The PRESIDING OFFICER. The Sen- degrees. President Obama’s American Gradua- fact, right now, the backlog of C–17s is ator from Ohio. tion Initiative has proposed investing such that Boeing will not begin build- Mr. BROWN. Mr. President, I ask $12 million in community colleges and ing these aircraft earmarked by the ap- unanimous consent to speak as in increasing the number of community propriators for another 2 years. morning business for up to 10 minutes. college graduates by 5 million over the In the bill we are debating today, the The PRESIDING OFFICER. Without next decade. Dr. Jill Biden, one of the 10 C–17s the appropriators want to fund objection, it is so ordered. Nation’s most eloquent voices on com- will bring the total number of C–17s the INVESTING IN EDUCATION munity colleges, has said: Senate Appropriations Committee has Mr. BROWN. Mr. President, as Con- added above any validated military re- gress awaits health reform and climate Community colleges change lives and serve as a gateway to opportunity for students at quirement to 44. Enough is enough. change, we must also remember that all stages of their lives and careers. According to the most recent State- education is another one of the great A few months ago, at a constituent ment of Administration Policy, the ad- moral issues of our time. coffee in Washington, I met an Ohioan ministration ‘‘strongly objects’’ to the Last week, my Washington office was who inspired me. Denee, from Colum- addition of $2.5 billion in funding for 10 honored to have DeAnthony Cummings bus, grew up with 13 different foster serve as an intern for the day. He was unrequested C–17 aircraft. The Depart- care families and spent time with the 1 of only 60 students selected nation- ment of Defense’s own analyses show Department of Youth Services. But she wide who traveled to Washington to that the 205 C–17s in the force and on believed that better things were ahead order, together with the existing fleet participate in Job Corps Day, 45 Years for her. She worked hard, earned her of aircraft, are sufficient to meet the of Building Lives and Launching Ca- GED, enrolled in Columbus State Uni- Department’s future airlift needs even reers. For more than four decades, Job versity, and is now finishing nursing under the most stressing conditions. Corps centers around the Nation have school and will start a new job in the Secretary Gates has likewise very provided vocational academic training fall. Legislation such as the Building clearly said that the military has no for nearly 3 million economically dis- Student Success Act, which I recently need to buy more C–17s. While Sec- advantaged young Americans. introduced, will help community col- retary Gates called the C–17—and I DeAnthony is enrolled at the Cin- lege generate a better outcome for agree—a ‘‘terrific aircraft,’’ he stressed cinnati Job Corps Center where he is their students. It is that type of Fed- earlier this year that the Air Force and serving his second term as class presi- eral investment that will help presi- U.S. Transportation Command ‘‘have dent. Several months ago I visited with dents of Ohio’s colleges and univer- more than necessary’’ strategic airlift him and his friends at Job Corps. As sities provide the resources for student ‘‘capacity’’ for airlift over the next 10 the eldest sibling, DeAnthony wants to success on campuses all over my State. years. Nonetheless, continuing C–17 set a good example for his family. He For the last 2 years, I have held the production would cost about $3 billion says Job Corps is preparing him for col- Ohio College Presidents Conference per year from 2010 onward. lege, where he wants to study psy- which brings together presidents of There is little reason why, in connec- chology and political science. He told Ohio’s 2- and 4-year colleges and uni- tion with the fiscal year 2010 budget re- me he wants to run for elective office versities to craft education policy in quest, the President not only requested someday to serve his country. He de- Washington that meets the needs of no funding for additional C–17s but also serves an educational system that Ohio’s students. Some 55 college presi- recommended this program for termi- helps him get there. dents each of the last 2 years have at- nation. In light of today’s financial ex- In the coming weeks, the Senate will tended and shared their experiences igencies, continuing to spend billions take up a major bill to expand student and ideas and views and best practices of dollars for C–17s the Pentagon aid and education funding at no addi- with one another. Much of what we dis- doesn’t need and can’t afford is becom- tional cost to taxpayers. For aspiring cussed is what President Obama has ex- ing increasingly unsustainable. More college students such as DeAnthony, plained before: that it is not enough for so than almost any other earmark I the bill would move all Federal student our economy just to recover, we must have discussed on the Senate floor, this loans to the more efficient and less rebuild it, and that starts in our class- earmark shows our priorities are just costly public direct loan program. The rooms. about the opposite of where they $87 billion in savings over 10 years can Reforming Federal student loan pro- should be. be invested in educational opportuni- grams frees up resources to modernize For that reason, I am persuaded by ties for our students—for future teach- schools and strengthen early childhood the strength of Secretary Gates’s oppo- ers and doctors and engineers and sci- education. The impact of these invest- sition, and I find unacceptable the ap- entists and computer technicians and ments will, of course, span generations. parent source of funding for this ear- farmers. Student loan reform gives us an oppor- mark and urge the Members of this The bill will protect a student’s pur- tunity to address another problem that body to support my amendment. As I chasing power of a Pell grant by ensur- has become more acute because of the mentioned before, the amendment ing that the maximum grant grows economic crisis. Too many of our Na- would redirect money from buying the faster than inflation. Senator CASEY tion’s students are signing away their

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The heavy an average debt of $21,000; 75 percent of that believed in him. usage, in addition to the growth of the Ohio graduates of private colleges fin- The student aid reform bill is part of Army and Marine Corps, the logistics ished school with an average debt of the progress we seek—that will allow a difficulty of getting supplies into Af- $22,700. child, a working mother or an older ghanistan, and the need for increased Private loans typically, though, have worker to believe that in this Nation, humanitarian/smart power missions in higher interest rates that can top 18 if you work hard and play by the rules, Afghanistan, Iraq, and elsewhere in the percent and have fewer repayment op- you, too, can have part of the Amer- world are all reasons why I urge my tions than loans administered directly ican dream. Senate colleagues to support the provi- by the U.S. Department of Education. I yield the floor. sion in the bill that would add the long According to an analysis by the The PRESIDING OFFICER. The Sen- lead time purchase we need right now Project on Student Debt, nearly two- ator from Missouri is recognized. to make sure we can continue to pur- thirds of private student loan bor- Mr. BOND. Mr. President, there is no chase the C–17s as the needs develop. rowers didn’t exhaust their Federal doubt that there may be things in the Some opponents may argue that the loan eligibility. That is why I intro- Defense budget that you could charac- Department of Defense and the Presi- duced the Private Student Loan Debt terize expensive, overbudget, and be- dent don’t want more, that they have Swap Act. hind schedule programs. But the C–17 enough C–17s and C–5s to do the job. Under my debt swap bill, if you have aircraft is not one of them, which is However, with a 50-percent readiness an expensive and unaffordable private why it is so bewildering—and dis- level, a per hour operating cost of student loan, you can use your remain- appointing—that some of this Cham- $29,000, and 40 maintenance man-hours ing Federal student loan eligibility to ber’s well-known budget hawks are op- per 1 hour of flight, the C–5A rep- pay off or at least pay down some of posed to a model procurement program resents ineffective and costly iron. that loan. By swapping expensive pri- and a boon for the taxpayers. By replacing these obsolete, ineffec- vate loan debt, sometimes with local While the most important concern, of tive, and costly C–5As with new C–17s, banks or national banks at 18 percent course, is for our warfighter and na- which this Congress has allowed the interest, with low-cost Federal student tional security—which I will go into in Department of Defense to do by lifting loans capped at under 7 percent, bor- more detail in a moment—let me ad- a truly special legislative interest pro- rowers could much more readily repay dress what seems like the primary con- hibition, saying in the past they could their loans. cern for some of my colleagues: the This legislation wouldn’t increase not retire them, we could save money, budget. government spending; in fact, it will provide a more reliable capability for Investing in the C–17 is actually a likely reduce it. Expanded Pell grants our warfighter, and preserve industrial better use of taxpayer dollars than the and a strong debt swap bill would help capability for the future. obsolete and unreliable C–5A. C–17s are Ohioans such as Kimberly, a school- I have talked about the importance planes we need and can afford. The teacher from Toledo. During college, of investing in our airlift capability for Government Accountability Office has she took out private student loans, ex- our warfighter and our efforts in Af- pecting that she would consolidate found it would take seven rehabbed and ghanistan and Iraq. But as America’s them after graduating. After accepting remanufactured C–5As, at a cost of $924 only large airlift production line, the a teaching position, her lenders would million to the taxpayer, to equal the C–17 production line, if ended, would not consolidate the loans because of capability of just one new C–17. They put at risk our Nation’s long-term se- the economy. Kimberly is a teacher at have to have that airlift. Right now, curity. Eliminating the only large air- a low-income Head Start school, so she the C–5A is part of it. But it cannot lift production line in the United doesn’t make as much money as a continue as it is. You can get a C–17 for States would demonstrate a lack of un- teacher in a public high school. She has a lot less than you can remanufacture derstanding and appreciation for the four loans, with four different interest and rehab one of the old C–5As, and skill sets and efforts needed to build rates, which are all significantly high- that doesn’t even work so good. these aircraft. er than Federal student loan rates. My biggest concern, of course, is na- Without a follow-on program, and be- Kimberly should not have to spend tional security. Some of my colleagues cause we have already shrunk our aero- the rest of her career paying off her have attacked the C–17 as a special in- space defense industrial base to such a loans or as she writes: terest item. I agree. Investing in the C– low level, once these skilled workers, I knew that I would be paying out my loan 17 is in the special interest of our the engineers, designers, and their ex- long after graduating, but at this point, warfighters and it is critical to our na- pertise are gone, we do not get them someone else will have to pay out the loan tional security interests and it gives us back. after I’m gone. the heavy lift air mobility we require If we lose the skilled engineers, de- Imagine that. She thinks she will these days. signers, and dedicated workers, we never be able to fully pay this loan The C–17 is a proven, combat-tested could be forced to turn to Europe or back because of the exorbitantly high airlift capability that is essential to Russia for our future large airlift interest rate charged by the banks. the fight we are in right now, and it needs. More and more, this national Private student loans with enormous has been a workhorse in Iraq and Af- talent and industrial workforce, which interest rates are driving young Ameri- ghanistan. manufactures the critical and unique cans into never-ending debt. There is As some of my colleagues have men- equipment that helps us fight and win no American dream within reach in tioned, we are at war. I couldn’t agree our wars, is being eviscerated. that scenario for the Kimberlys of the more that this is our primary concern, Without additional funding, our aero- world, just a sense of helplessness and which is, again, why the C–17 is so im- space engineering, design, and manu- hopelessness. portant. With the war in Afghanistan facturing base will atrophy. That is why this student reform bill heating up and the war in Iraq con- This will put at risk our competitive- is so important. John F. Kennedy said tinuing, our airlift needs are only ness on the global market, our ability once: ‘‘Our progress as a nation can be growing. to address future airlift requirements, no swifter than our progress in edu- The Congressional Research Service and put at risk 30,000 American jobs cation.’’ has indicated that the C–17 was de- stretched across 43 States. In Portsmouth, Lima, Mansfield, signed to fly 1,000 hours per year over This isn’t about preserving jobs in Marietta, Toledo, Akron, Gallipolis, 30 years. But as our overseas commit- tough economic times, although I be- and Mason, we have leaders in our com- ments have grown, some aircraft have lieve the administration certainly munity, such as Kimberly, teaching in even reached 2,400 flying hours in a sin- missed a big opportunity in the stim- our classrooms, or, such as Denee, gle year. My colleague from Arizona ulus bill to recommend stimulating the healing people in our hospitals. pointed out that equipment is being economy in defense production. They

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They are fense industrial base, but we cannot af- morning business for about 12 minutes. either going to have to raise taxes to ford to let that wither because their The PRESIDING OFFICER. Without somehow find the revenue to deal with proposal put out of work the people objection, it is so ordered. that mandate, or they are going to who have designed these aircraft. We HEALTH CARE have to do something equally unpleas- have found, in the past, when we have Mr. JOHANNS. Mr. President, many ant; that is, cut programs. Which State shut down acquisition lines, the skilled have come to this Chamber and have programs do you think Americans will engineers leave. One example is they talked about their constituents and the want to sacrifice so Washington can went to work at Disney. That is great. concerns that have been expressed to have its way with the States in the That is good work, but it is not pro- us about health care and how their Medicaid unfunded mandate? tecting our national defense. families would be directly impacted. I can tell you from experience, cut- After the draconian defense cuts dur- The frustration driving many of those ting programs is an impossible deci- ing the Clinton administration, the ar- individuals who have written to us, sion. So is raising taxes. States should senal of democracy consolidated and picked up the phone, attended a town- not be put in a difficult position again shrank to a point where any further hall meeting continues. They worry we and again by an overreaching Federal consolidation will result in an irrevers- are not listening. Government. Employers will be taxed ible loss in competition, innovation, The biggest misconception is that in order to pay for required health care and industrial capacity. those who are raising concerns about insurance for their employees. These C–17 production will shut down in the President’s health care proposals taxes will create financial heartburn 2010 without these 10 aircraft, and re- believe that somehow they are defend- that no doctor’s prescription can ease. starting production would be incred- ing the status quo. That could not be This legislation will require every ibly difficult and expensive—according further from the truth. American to have health insurance, to the GAO, up to $1 billion. We can all agree that health care with limited exceptions, and not just The GAO study further noted that costs are rising at rates that create any health insurance. It requires ‘‘careful planning is needed to ensure hardships across our country. They im- health insurance that meets specific the C–17 production line is not ended pact families and businesses, and ulti- qualifications the bureaucracy in prematurely and later restarted at sub- mately they are not sustainable for Washington will dictate. stantial cost.’’ Federal and State budgets. The Finance Committee bill would Additionally, the GAO found that There are many things I believe upon require you to spend a certain share of ‘‘both the manufacturer and Air Force which there would be very universal your income before becoming eligible agree that shutting down and restart- agreement. For example, I support in- for health insurance subsidies. Under ing production would not be feasible or surance market reforms that increase the original Finance Committee pro- cost-effective.’’ access to insurance for people who have posal, the Congressional Budget Office Keeping the C–17 line open is critical preexisting conditions. Many of us do estimated that an individual who not only for our national defense but in the Senate. I support allowing small makes $32,400 a year—not a lot of for thousands of American workers money—would be required to pay $4,100 businesses to band together to bring who rely on this aircraft for their live- in health care insurance premiums be- down health insurance premiums. lihood. fore becoming eligible for a subsidy. Many here do. I support subsidies for With the waning demand for commer- That individual would also be required those who truly cannot afford insur- cial aircraft and a lull in military to pay, on average, $1,600 in copay- ance to help them buy down their pre- fighter jet production, it is more crit- ments and deductibles. These individ- miums, their deductibles or copays. ical than ever to maintain the aero- uals would be required, through the Again, many here could. I support real space industrial base that runs the government mandate, again, to spend malpractice reform that would curb only remaining wide-body assembly 18 percent of their income on health in- costs by reducing defensive medicine. line in the United States. surance. Surprisingly, the cheaper cat- I urge my colleagues to exercise their Again, many here do. astrophic coverage some would prefer These commonsense reforms and oth- constitutional authority and not go would not be considered a so-called ers we could mention could be the cor- along with what I believe will be shown qualified plan; therefore, not an option. very shortly, if we make the decision, nerstone of what I believe would be a Furthermore, if you choose not to to have been very shortsighted. This is truly bipartisan solution to our health have health insurance that meets these a decision that we, in our constitu- care crisis. But I believe the current qualifications, you could be forced to tional responsibility, can and must proposals have veered in a very dif- pay out as much as $1,900 in additional make. ferent direction. I cannot support so- taxes per family. We cannot afford disastrous defense called reform that lowers the quality of The Internal Revenue Service will be cuts coming out of the OMB, which is our health care, compromises the doc- knocking on your door to make sure why we fought and won the effort in tor-patient relationship, and dras- you literally buy into federally dic- committee earlier. It is critical—and tically increases costs for Americans. tated health care reform efforts. that colleagues join with me in sup- Yet I worry that the provisions work- I have heard from many Nebraskans porting the managers on the floor to ing their way through the Senate Fi- who feel as if this individual mandate fight a shortsighted attempt to evis- nance Committee appear to do pre- is a direct assault on their freedom. cerate our warfighter’s airlift capa- cisely that—increase costs and jeop- Most people do not like the notion that bility and our Nation’s industrial base. ardize quality. I do not believe it is the Washington tells them how to live Both are critical elements for the long- kind of health care reform Americans their lives. Imposing an individual term security and future of our coun- have sent us to Washington to enact. mandate tax rubs Americans the wrong try. In our current economic crisis, the way. Not only are we telling them they I urge my colleagues to join me in last thing American families need is to must buy insurance, but we are telling opposing the McCain amendment. see more of their paychecks going to them what kind of insurance they must I yield the floor and suggest the ab- pay taxes. This legislation presents a buy. sence of a quorum. ‘‘darned if you do, darned if you don’t’’ I know some, including our Presi- The PRESIDING OFFICER. The scenario. It taxes you if you have in- dent, argue this is not a tax; rather, it clerk will call the roll. surance and it taxes you if you don’t. is simply a shared responsibility. The The legislative clerk proceeded to People who depend on medical de- very language in the Finance Com- call the roll. vices will see prices rise. So will indi- mittee plan clearly states this is a tax,

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The Senate Ap- on the middle class, the chief of staff to S. Res. 290. propriations Committee, in its hear- for the Joint Committee on Taxation The PRESIDING OFFICER. Without ings and in its deliberations, reviewed responded: objection, it is so ordered. The clerk each of the proposals and generally We would expect that some people paying will report the resolution by title. agreed with the recommendations set would make less than $250,000. The legislative clerk read as follows: forth in the administration’s budget For hard-working families, the indi- A resolution (S. Res. 290) to constitute the submittal. vidual mandates will load them up majority party’s membership on certain This bill does not include additional with a fancy benefit plan covering serv- committees for the One Hundred Eleventh funding for F–22 aircraft, the Presi- ices they may not want or need. They Congress, or until their successors are cho- dential helicopter, the Joint Strike will be required to buy it or their gov- sen. Fighter alternate engine, the combat ernment will penalize them. There being no objection, the Senate search and rescue helicopter, the Ki- This is a complex and a fundamental proceeded to consider the resolution. netic Energy Interceptor, and several shift in how we approach health care in Mr. REID. Mr. President, with the other programs which were proposed our great country, indeed, in how much filling of Senator Kennedy’s seat by for funding cuts by this administra- the government dictates the health the State of Massachusetts, we are now tion. care decisions of each and every Amer- rearranging the committees. Some The C–17 aircraft is an area where we ican. have been vacant since his death. did not agree. The committee proposed Furthermore, this legislation raises I ask unanimous consent that the $2.5 billion be included in the bill for 10 money by taxing insurance companies, resolution be agreed to and the motion additional aircraft. As we all know, the medical device manufacturers, and pre- to reconsider be laid upon the table. Defense Department is not infallible. It scription drug manufacturers. Does The PRESIDING OFFICER. Without was wrong and overruled by Congress anybody doubt for a minute that will objection, it is so ordered. when it recommended program termi- be passed on to the average guy? There The resolution (S. Res. 290) was nations of the F–117 stealth fighter and is little doubt that these increased agreed to, as follows: the V–22 Osprey. The C–17 is the current backbone of taxes will lead to higher premiums, S. RES. 290 our strategic airlift capability, and it more expensive medical equipment, Resolved, That the following shall con- and higher drug prices for Americans. stitute the majority party’s membership on will be for decades to come. C–17s are These industries will compensate for the following committees for the One Hun- being utilized all over the world at a the added tax by raising prices, ulti- dred Eleventh Congress, or until their suc- much faster pace than previously an- mately raising the cost of health care cessors are chosen: ticipated. While they comprise only 60 in this country. COMMITTEE ON ARMED SERVICES: Mr. percent of the Air Force’s strategic air- Additionally, this plan is likely to Levin (Chairman), Mr. Byrd, Mr. Lieberman, lift fleet, they are flying 80 percent of decrease research and development in Mr. Reed, Mr. Akaka, Mr. Nelson (Florida), all worldwide strategic airlift missions. the health care sector, which has been Mr. Nelson (Nebraska), Mr. Bayh, Mr. Webb, This demand for C–17 lift capability Mrs. McCaskill, Mr. Udall (Colorado), Mrs. is only going to grow as new airlift a major driver of innovation and im- Hagan, Mr. Begich, Mr. Burris, and Mr. Kirk. provement in health care quality. Cre- COMMITTEE ON HEALTH, EDUCATION, missions emerge. Other missions we ating policy that decreases the quality LABOR AND PENSIONS: Mr. Harkin (Chair- know about already are rapid deploy- of our health care makes no sense. It is man), Mr. Dodd, Ms. Mikulski, Mr. Binga- ment of theater missile defenses, coun- counterproductive. Requiring employ- man, Mrs. Murray, Mr. Reed, Mr. Sanders, terinsurgency operations, as well as ers to provide health insurance to their Mr. Brown, Mr. Casey, Mrs. Hagan, Mr. growing airlift demands for an expand- employees or be fined or taxed does not Merkley, Mr. Franken, and Mr. Bennet. ing Army and Marine Corps. make sense. The Finance Committee COMMITTEE ON HOMELAND SECURITY Failure to fund the C–17 will result in AND GOVERNMENTAL AFFAIRS: Mr. the United States shutting down its proposal is expected to collect $27 bil- Lieberman (Chairman), Mr. Levin, Mr. lion worth of those fines or taxes. In Akaka, Mr. Carper, Mr. Pryor, Ms. Landrieu, airlift manufacturing base at a time tough economic times, with unemploy- Mrs. McCaskill, Mr. Tester, Mr. Burris, and when the demand for airlift is likely to ment almost in double digits and fore- Mr. Kirk. grow. Allowing the C–17 supply base casts to go into double digits, putting JOINT ECONOMIC COMMITTEE: Mr. and production line to shut down and more requirements and mandates on Schumer (Vice Chairman), Mr. Bingaman, then trying to reconstitute it would job creators and job sustainers is coun- Ms. Klobuchar, Mr. Casey, Mr. Webb, and Mr. cost billions of dollars and take years terproductive. Employers will think Warner. to accomplish. twice about hiring more workers. f The Quadrennial Defense Review and There is little doubt that these in- the upcoming Mobility Capability and DEPARTMENT OF DEFENSE AP- creased taxes will lead to higher insur- Requirements Study are reassessing PROPRIATIONS ACT, 2010—Contin- ance premiums, more expensive med- our strategic airlift requirements. ued ical equipment, and higher drug prices Until those requirements are reevalu- for Americans. These industries will The PRESIDING OFFICER. The Sen- ated, the C–17s should be included in compensate by raising their prices. ator from Mississippi. this bill. The Air Force Chief of Staff They simply will. Mr. COCHRAN. Mr. President, as the has stated that he believes 205 C–17s I fear low-income Americans will suf- Senate realizes the business today is and 111 C–5s are needed to meet stra- fer the most. They need those jobs. We the administration’s fiscal year 2010 tegic airlift requirements and that pro- must carefully evaluate the details of Defense budget proposal, our Com- curing more than the 205 C–17s already this legislation and ensure that our at- mittee on Appropriations, as everyone purchased should involve a light reduc- tempts to make things better, which I knows, in the regular order, had hear- tion and retirement of C–5A aircraft. believe we can do in a bipartisan way, ings and took advantage of advice from Prior to enactment of the fiscal year do not ultimately make things worse. I testimony and suggestions received by 2009 Supplemental Appropriations Act suggest that in tough economic times, other Senators on and off the com- in June of this year, the Air Force was creating legislation that increases the mittee about the provisions of this im- prohibited from retiring the older and cost of health care, that raises taxes is portant legislation. It sets out, as the less capable C–5As. Now that the De- not true health care reform. Senate appreciates, the funding that partment has authority to retire these I yield the floor. will be permitted by the Department of aircraft, we should replace a number of

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9911 them with a highly capable aircraft in ed to meet military requirements de- overcome many of these problems. I production today. The Government Ac- spite that it is being recommended by would concur that a modernized C–5 countability Office has concluded: the Pentagon for cancellation. will be a far better aircraft. However, I It will take seven fully modernized C–5s at Third, the C–17 embodies the only would point out that the C–5 Mod- a cost of $132 million each to attain the strategic airlift production program in ernization Program has been plagued equivalent capability achieved from buying our Nation. As the Senator from Mis- with delays and cost overruns. Because one additional C–17 at a cost of $276 million. souri pointed out, there is nothing on of the high cost of the C–5 Moderniza- In other words, it would cost $924 the planning ledger to replace it. If we tion Program, the Defense Department million to modernize seven C–5s to get cut off the production at this moment, decided that it could no longer afford the same capability of one C–17 costing it will be unaffordable to restart this to modernize all 111 C–5s and it cut the $276 million. program. program to 52. That means our mili- Based on the growing airlift needs The C–17 provides the U.S. military tary will be dependent on 59 of the old and the new authority to retire the with the essential flexibility to respond and often broken C–5s that cost twice aging and hard-to-maintain C–5 air- on short notice—and I emphasize short as much to operate as the C–17 for the craft, we added the $2.5 billion to sus- notice—anywhere in the world. Our air foreseeable future. That is 47 percent of tain production of the C–17 program for fleet assets are a major enabler of the C–5 fleet that won’t be updated and 1 additional year. This additional year strategy and operational plans. There will be unable to operate efficiently to will give the Department of Defense is not a military scenario in existence meet our military needs. time to complete its airlift reviews and today which can be put into effect The Government Accountability Of- preserve the option of adding to our without a strong airlift fleet. The C–17 fice noted that additional investments strategic airlift fleet. was designed specifically to meet vir- in the C–17 may be attractive. It cal- If funding for C–17s is eliminated in tually all of the needs of our culated that the Defense Department this bill and the ongoing studies deter- warfighters. It is the only airlift air- would need to modernize, as Senator mine additional airlift is needed, at craft that has the ability to fly both COCHRAN pointed out, seven C–5s—to best there will be significant cost in- great distances and to land on austere modernize seven C–5s—to get the equiv- creases and delays in getting the air- airfields anywhere in the world. That is alent capability gained from acquiring craft to the fleet; at worst, it will be very important because we don’t have one C–17. It is going to take seven C–5s cost prohibitive to restart the line and long runways prepared for us in far-off to do the work of one C–17, but it would our service men and women will be de- countries. When teamed with the tac- cost three times as much to modernize nied equipment needed to perform tical C–130 and the C–5, the C–17 fleet the seven C–5s as it would to purchase their missions. That would be totally provides the Nation with the capability one C–17. unacceptable, and I urge a ‘‘no’’ vote to deliver outsized cargo to our forces I would like to point out that the C– on the McCain amendment. 17 is a fully matured program with sta- The PRESIDING OFFICER. The Sen- wherever they may be located. We believe the C–17 is today the fin- ble costs and little uncertainty, while ator from Hawaii. est airlift aircraft in the U.S. arsenal. the C–5 Modernization Program is still Mr. INOUYE. Mr. President, the in its infancy. If there is one thing we statement I am about to present may With its new avionics and structures, it can maintain a very high mission capa- know about Defense programs, it is appear a bit redundant after listening that new program costs generally in- to the great statement of the senior bility rate. This is a term used by the Air Force to denote the aircraft’s abil- crease during their early years. Senator from Mississippi, vice chair- Some may address the Senate and ity to perform. Comparative data filed man of this committee. But as chair- say we don’t need any more C–17s. They by the Government Accountability Of- man of this committee, I want to, by note that today the Air Force now says fice in November 2008 showed that the this redundancy, emphasize that Sen- we only need the 213 we already have C–17 was able to successfully perform ator COCHRAN and I work as a team, purchased. I would like to point out and we agree with the provisions in its mission in excess of 85 percent of that in 2002 the commander of the U.S. this measure. For the interest of this the time. And I think we should note Transportation Command testified body, it should be noted that this that—85 percent of the time, they are that his C–17 requirement was for 222 measure was passed and presented to able to perform their mission. On the C–17s. Moreover, the 2005 Mobility Ca- the Senate by a vote of 30 to zero— other hand, the aging C–5 was only able pabilities Study also raises questions unanimous. A $636 billion bill coming to meet its performance demands 58 about how many aircraft are required. out of the committee, after due consid- percent of the time. For our men and This study, which is supposed to be the eration, unanimously is historic. women in uniform, what this means is basis of our strategic airlift capability The amendment of the Senator from that if they are depending on a C–5, requirements, identified the need for Arizona seeks to eliminate funds pro- their needs will be only addressed a lit- between 292 and 383 strategic airlift vided in this bill to sustain the C–17 tle more than half the time, while a C– aircraft, a combination of C–17s and program. As I indicated, Vice Chair- 17 will meet their needs more than 8 modernized C–5s. In the force today, we man COCHRAN and I proposed, and the times out of 10. have 111 C–5s and 205 C–17s—a total of committee accepted, our recommenda- In addition, the C–17 is much cheaper 315 aircraft—near the bottom of the re- tion to relocate $2.5 billion to procure to operate than the C–5. It is true that quirement level. But that doesn’t tell an additional 10 C–17 aircraft. If ap- a C–5 has the capacity to carry more the whole story. proved, this will bring the total C–17 cargo, but in the actual usage by the In the last Quadrennial Defense Re- inventory to 223 aircraft. We believe Air Force, the cost per flying hour of view in 2006, the Defense Department this is a critical investment which will the C–17 is only 40 percent of the cost opted to keep its total inventory near support our national security strategy of the C–5. The Air Force has informed the bottom of this requirement range and add much to the needed airlift ca- us that today its current statistics with 180 C–17s and 112 C–5s. pability. show that it costs $6.42 to fly 1 pound Although we have added C–17s since There are three main reasons the of cargo from South Carolina to Bagh- that time and lost one C–5, the more committee supported adding funding dad on a C–17—that is $6.42 from South important fact is that the QDR based for the C–17: Carolina to Baghdad—but $13.76 to fly this recommendation on a plan to mod- First, as everyone in the military, the same item on a C–5. Why? Because ernize all 112 C–5s. With the plan to from senior leadership to the soldiers the C–5 is unreliable, because we rarely only modernize 52 C–5s, the airlift ca- being transported, will agree, it is, sim- need to fill either plane to its max- pability of the fleet is drastically di- ply put, a superb aircraft. The C–17 rep- imum capacity on an average mission, minished. resents the finest in military tech- and because the C–17 is newer and mod- In 2008, the commander of the Air nology. It is efficient, cost-effective, ernized in comparison to the C–5. We Force Air Mobility Command expressed and highly capable. In short, it has no simply cannot rely on the older, out- his concern with this plan. He testified detractors. dated C–5. that the plan with 52 modernized C–5s Second, we believe the facts now Opponents might argue that when we and 205 C–17s will not provide the stra- show that additional aircraft are need- modernize the C–5 it will be able to tegic airlift that he required.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9912 CONGRESSIONAL RECORD — SENATE September 29, 2009 I would also note that these earlier and hopefully a desire to replace them comments relative to this organization studies did not take into account to- with new C–17s. are a matter of the record. I do not feel day’s force structure. That is a very In this year’s budget the Secretary of a need to lay those out again, but I important point. Since the mobility Defense has made some tough deci- want to present this amendment on study and the QDR were completed we sions’’ He has opted to kill the F–22, this appropriations bill and we have have transformed our Army creating the JSF second engine, the VH–71 Pres- reached an understanding that this can additional combat capability that re- idential helicopter, the combat search be accepted by voice vote. I want to in- quires lift. We have increased the end and rescue helicopter and the kinetic dicate that will be acceptable to me. strength of our Marine Corps, and we energy interceptor. In the bill before Mr. INOUYE. The Senator is correct. have created the U.S. Africa command. the Senate we have supported each of The PRESIDING OFFICER. Is there All of these have increased our airlift these recommendations. I will be can- further debate on the amendment? needs. did that I am not confident that each If not, the question is on agreeing to At the same time, operations in Iraq of these recommendations is in our Na- the amendment. and Afghanistan are aging our airlift tion’s interest, but in general I support The amendment (No. 2484) was agreed fleet beyond anticipated rates. We are the Secretary’s plans. to. flying the wings off our C–17 fleet. In There is only one program that the Mr. JOHANNS. Mr. President, I yield November, 2007, the Air Force Chief of vice chairman and I felt strongly the floor and suggest the absence of a Staff recommended buying an addi- enough about to reverse the rec- quorum. tional 44 C–17s to meet the required ommendation of the Secretary, the C– The PRESIDING OFFICER. The force level. On the 2009 Unfunded Re- 17. clerk will call the roll. quirements List the Air Force asked I have explained at some length why, The legislative clerk proceeded to for an additional 15 C–17 aircraft with a it is cost effective, it is capable, and it call the roll. stated inventory objective of 248 C–17s. is needed. I urge all my colleagues to Mr. INOUYE. Mr. President, I ask Our military leaders have called for ad- reject the amendment of the Senator unanimous consent that the order for ditional aircraft, our forces have grown from Arizona and to vote to support the quorum call be rescinded. since our last studies were written and the continuation of the C–17 program. The PRESIDING OFFICER. Without our plans have been altered to cut back It is in our Nation’s interest. objection, it is so ordered. on our modernization program. Mr. President, I suggest the absence Mr. INOUYE. Mr. President, the It seems to me that notwithstanding of a quorum. pending business before the Senate is the plan offered by the Defense Depart- The PRESIDING OFFICER. The the DOD appropriations bill for fiscal ment, the country has a choice—we can clerk will call the roll. year 2010. This measure contains ap- either agree to modernize all the C–5s The legislative clerk proceeded to proximately $636 billion, including or we can continue to procure addi- call the roll. nearly $130 billion to continue the fight tional C–17s. As noted earlier, as the Mr. JOHANNS. Mr. President, I ask against terrorism in Afghanistan and GAO discovered a new C–17 offers unanimous consent the order for the all around Southwest Asia. greater capability at a lower price. To quorum call be rescinded. It contains funds to pay our men and me and to many of my colleagues this The PRESIDING OFFICER (Mr. women in uniform, as well as funds to just makes sense. UDALL of Colorado). Without objection, operate our forces and to take care of Unless we act this year and approve it is so ordered. our wounded. It provides the money re- the recommendation from the Appro- AMENDMENT NO. 2484 quired to equip the warfighters and to priations Committee, we won’t have a Mr. JOHANNS. Mr. President, I ask develop new weapons systems so that choice. Without the funds in this bill the current amendment be set aside they may be protected in the future. the C–17 program will begin to shut and we call up amendment No. 2484. Today is September 29. The fiscal down. I say to my colleagues this is a The PRESIDING OFFICER. Without year ends tomorrow. I believe all of us critical decision and we have to be cer- objection, it is so ordered. should know that. On Thursday, the tain on our course. As the GAO noted, The clerk will report. Department of Defense will begin to ‘‘careful planning is needed to ensure The legislative clerk read as follows: operate on a continuing resolution, a stopgap measure required because the C–17 production is not ended pre- The Senator from Nebraska [Mr. JOHANNS] maturely . . . Restarting production proposes an amendment numbered 2484. Congress has not completed action on its 12 appropriations measures. would not be feasible or cost effective.’’ Mr. JOHANNS. I ask unanimous con- I want to point out that the Appro- That is the GAO. sent the reading of the amendment be Earlier this decade, on several occa- priations Committee reported its first dispensed with. sions the Defense Department urged fiscal year 2010 bill in the Senate on The PRESIDING OFFICER. Without the Congress to allow it to begin to re- June 18, more than 3 months ago, and objection, it is so ordered. tire the oldest and least capable C–5s. The amendment is as follows: this last bill on September 10, nearly 3 It too believed that purchasing addi- weeks ago. All of the other bills were tional C–17s was a far superior choice (Purpose: Prohibiting use of funds to fund the Association of Community Organiza- reported before the August recess. to meet our airlift needs. However, tions for Reform Now (ACORN)) However, because of the scheduling each year the Congress refused to allow On page 263, between lines 10 and 11, insert problems we have had, this Senate has DoD to retire any C–5s. Eventually, the the following: passed just six bills. We have spent the Pentagon gave up trying and decided it SEC. 9ll. None of the funds made avail- better part of 7 weeks on the floor to would be stuck with the old unreliable able under this Act may be distributed to the pass these bills. I wish to note that in C–5s. While it originally sought to up- Association of Community Organizations for years past, most appropriations meas- grade all the old C–5s to at least make Reform Now (ACORN) or its subsidiaries. ures were taken up and passed by this the best of a bad situation, the cost Mr. JOHANNS. Mr. President, I rise body in 1 or 2 days. Now it is nearly 1 overruns and delays in the C–5 mod- to present amendment No. 2484. Actu- week on each bill. The Senate is known ernization program made that decision ally, this is an amendment we have for being a deliberative body, but this unaffordable. I would point out that acted on in previous appropriations is the third day the Senate has been on the Congress rectified this problem this bills. In fact, this is the amendment this important bill, and up until a few year in the supplemental and allowed that deals with no funding for the orga- minutes ago, not a single amendment the Air Force to begin to retire these nization ACORN. had yet to be offered. aged aircraft. We know that it makes In the previous Interior bill this Moreover, at this point, only eight economical sense to retire these poorly passed in a very bipartisan way with a amendments have been filed, and we performing aircraft and to replace 85-to-11 vote; in the Housing and Trans- have seen this pattern week after them with new C–17s. We are looking portation bill, again a very bipartisan week. Our colleagues are waiting days forward to the Air Force revisiting this vote, 83 to 7. before getting serious about these bills. issue in the fiscal year 2011 budget with This is an amendment that has over- The impact of these delays is that the a renewed plan to retire the older C–5s whelming support of this body. My end of the fiscal year is upon us, and

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9913 we are nearly only halfway done com- In the case of the Defense Depart- edge engine, preparing it for delivery pleting Senate action on our bills, and ment, it means they have to delay to the U.S. Air Force. The man on the only one of the 12 bills has reported out starting new weapons development and left is Doug. He has been working for of conference committee. procurement programs. Some of my Pratt & Whitney for 24 years. He is At this juncture, I wish to note that fiscally conservative colleagues might married with three children, 8-year-old we have had 12 measures. Of the 12 sub- applaud this, thinking it means they twins and a 4-year-old. committees, 3 reported the bill to the are cutting spending. But, unfortu- The man in the middle is Steve. He Senate on a vote of 29 to 1—not quite nately, they are wrong. In fact, we are spent 4 years in the Air Force before unanimous, 29 to 1. The remaining nine only running up expenses, as we follow coming to Pratt & Whitney and boasts subcommittee bills, after due delibera- penny-wise, pound-foolish practices a quarter of a century in aviation expe- tion, debate, and discussion, were which cost more in the long run than rience. On the right is his coworker Mi- passed on to the Senate. The Senate they save. chael, with 15 years of experience on committee reported to this Senate Senate rules are written to protect the floor and 8 as a supervisor at this with a recommendation that it be the rights of the minority and to en- facility. If we effectively lay off these passed by a vote of 30 to 0. sure that legislation is carefully re- workers and the 30,000 Americans like This measure before us was adopted viewed. But it is also true that when them in 43 States who build the C–17, by the Appropriations Committee, time is of the essence, the deliberative we will be causing tremendous pain and made up of liberal members, conserv- process is frequently turned on its head financial hardship at a time when our ative members, middle of the road and and complex matters rushed through communities can least afford it. whatever you want, men, women, by a with no time to debate or opportunity In my home State of Connecticut— vote of 30 to 0. to offer amendments. Rather than 29th in total population, but 6th in In January, when I became chairman delay these bills, which have minimal total aerospace employment—we just of this committee, it was apparent to controversy, leaving the body no received word that Pratt & Whitney is me that the Senate and the legislative choice but to adopt expedited proce- going to close maintenance facilities in branch were losing control over the dures to complete action, let’s proceed Cheshire, CT, and East Hartford, CT, budget process. We had not passed all apace and get this and the other five costing 1,000 jobs. If this amendment of our spending bills as freestanding bills through the Senate as quickly as prevails, my State’s largest private measures since 2005. We only accom- possible because it is the responsibility employer tells me that they will stand plished that feat once during the past of the Congress to ensure that taxpayer to lose another 3,000 jobs. That means decade. the loss of decades of experience and In many cases, we have resorted to funds can be expended efficiently by expertise that has allowed us to main- large omnibus bills to complete our passing each of these appropriations tain not parity with the world, but su- work. The Senate has not been allowed measures without depending on con- periority, in the aerospace industry. to debate or amend many of the meas- tinuing resolutions or omnibus meas- Perhaps my colleagues aren’t per- ures that were passed. This is no way ures. suaded by the imminent loss of thou- to run the government. I urge all of my colleagues to work sands of jobs in my state or even their Vice-Chairman COCHRAN and I agreed with us so we can complete our work, to put a stop to this practice. We the work of this Nation. own. Perhaps some might be tempted vowed to pass 12 bills and to send them Mr. President, I yield the floor and to threaten the livelihoods of 30,000 to the President individually. We have suggest the absence of a quorum. people at a time when we can ill afford passed those 12 bills in a timely fashion The PRESIDING OFFICER. The it. To them I say, think about these and presented them to the Senate. Our clerk will call the roll. three individuals are doing for our leaders fully supported us in this plan. The assistant legislative clerk pro- troops. I remind my colleagues that the en- ceeded to call the roll. According to the Air Force, over the tire Republican caucus sent a letter to Mr. DODD. Mr. President, I ask unan- last 3 years in the military’s Central the majority leader urging him to fol- imous consent that the order for the Command alone, the C–17 has flown low this approach. But when it came to quorum call be rescinded. more than 100,000 airlift sorties, moved putting this in practice, instead of The PRESIDING OFFICER. Without more than 2 million personnel, deliv- working to get this accomplished, we objection, it is so ordered. ered nearly 300,000 tons of cargo, and have been hamstrung by slow progress Mr. DODD. Mr. President, I am going executed nearly 2,000 air drops. Accord- on each and every bill. to take a few minutes to address the ing to the Government Accountability We are well aware that Members pending amendment, if I may. Then, at Office, C–17s have delivered more than have amendments they wish to have the conclusion of those remarks, I wish 2.4 million tons of cargo to Iraq and Af- considered on this and other appropria- to speak as if in morning business for a ghanistan alone. That is 2.4 million tions bills. We understand that and few minutes to address another matter tons of supplies—everything from crit- have been waiting to debate them. Sen- that will not be the subject of the ical gear to large vehicles—sustaining ator COCHRAN and I came to the floor pending legislation, if that is permis- our troops on the battlefield. Thursday night but were told there was sible. The Government Accountability Of- nothing to do. We came here on Friday The PRESIDING OFFICER. Is there fice also notes that this aircraft has morning with the same results. We are objection? ‘‘drawn praise during combat oper- back this afternoon, and we have one Without objection, it is so ordered. ations’’—listen to this—with an 86-per- amendment. Mr. DODD. Mr. President, I rise in cent readiness rate, compared to the The go-slow approach that has been strong opposition to the amendment 53-percent readiness rate of the 40-year- taken by a few of our colleagues has offered by my friend and colleague old C–5 fleet that shares the cargo lift put us in a position in which the gov- from Arizona that could wipe out a mission with the C–17s. The C–17 is the ernment must now begin to operate on highly skilled American workforce. It most reliable airlift plane in our arse- a continuing resolution. What does would irreparably damage our combat nal, and it is also the most versatile. that mean to our agencies? It means readiness, deprive our troops in the Unlike any other aircraft we have, the they must throw out their plans for op- field of critical resources and threaten C–17 can complete combat, humani- erations and streamline activities so our national security. Those are strong tarian, and other transport missions that only the most essential operations words, but that is what is involved if all over the world, thanks to its unique are funded. Continuing resolutions will the amendment being offered by the ability to take off and land in difficult continue programs that have expired Senator from Arizona is adopted. environments, in remote airfields, or in and are no longer needed, and the new I wish to introduce my colleagues to situations where runways are short- programs that will replace them will three workers at Pratt & Whitney in ened or degraded. not be in place. It means they must Middletown, CT. We see three individ- The Air Force reports that the C–17 is delay purchases until they are sure the uals working on this engine. They are able to take off and land on 65 percent resources they are seeking will be ap- removing test equipment after com- of the world’s soils, whereas older air- proved. pleting testing on a powerful, cutting- lift planes can only land on 6 percent.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9914 CONGRESSIONAL RECORD — SENATE September 29, 2009 This incredible versatility makes the just one additional C–17 at a cost of Iran’s leaders. Unfortunately, Iran’s C–17 vital to the success of counterin- $276 million. President has already suggested that surgency, humanitarian, and research This amendment would hurt our appropriate limits to his country’s nu- missions the world over. It can operate workers, our troops, and our national clear enrichment program are off the not only in Iraq and Afghanistan, but security. It is a massive expenditure table. in places such as Bosnia, Rwanda, disguised as a short-term savings. It is Clearly, in light of this growing Sudan, and even Antarctica. the very definition of cutting off our threat, there is cause for great concern But today I feel this versatility is nose to spite our face when it comes to and prompt action on our part. taken for granted. Our commitments the critical needs of our troops in the But there is also cause for hope that overseas, especially since 2001, have field. Whatever views one may have on Iran might be forced to change course. imposed far greater burdens on these Afghanistan or Iraq, we want to make We have received renewed support from aircraft than we had originally planned sure that our troops, wherever they our allies. We have been encouraged by for. are, receive the support they need. the strong international rejection of The Congressional Research Service Today, when the vote occurs, I urge election abuses. And we have seen ten- reports that the C–17 was designed to my colleagues to support the com- sions within the Iranian regime begin fly 1,000 hours per year, with an ex- mittee and reject the amendment to to break into the open. pected lifespan of 30 years. But as our cut out these critical aircraft. It is not too late for a proper resolu- overseas commitments have grown With that, I ask unanimous consent tion. But the road ahead is difficult. It since 2001, the fleet has averaged 1,250 to be allowed to move to a matter will require sustained diplomatic effort hours per aircraft and some have even other than the one I just discussed as to ensure all of our strategic partners— reached 2,400 flying hours in a single in morning business. the Europeans, the Russians, the Chi- year. The PRESIDING OFFICER (Mr. NEL- nese, the Indians and moderate Arab GEN Arthur Lichte, the Air Force’s SON of Nebraska). Is there objection? states throughout the Middle East join air mobility commander, has said that Without objection, it is so ordered. this effort. at this rate, the C–17s may have a life- IRAN We will only succeed if Iran is con- span as short as 22 years. When a mis- Mr. DODD. Mr. President, it has been fronted by the prospect of sustained, sion-critical aircraft is due to retire 8 a tumultuous year in Iran. progressively intensifying multilateral The Iranian regime has continued to years earlier than intended, as this one economic and diplomatic pressure on pursue its nuclear ambitions, fund ter- may be, we who are charged with its government including tougher sanc- rorist activities throughout the Middle equipping our troops in the field must tions. East, and repress its own people. The This week’s negotiations should con- address our procurement plans and we world watched this repression play out front Iran’s leaders with a clear choice: must do it now. Some of our newest C– in the wake of this summer’s illegit- end its illegitimate efforts to enrich 17s are already 15 years old. uranium, halt its proliferation efforts, I wish to remind my colleagues that imate elections, when brave and peace- and stop supporting terrorists around last July the Senate voted 93 to 1 to ful protestors were violently attacked. If Iran were to acquire nuclear weap- the world—or continue to deepen this authorize the expansion of the Army ons capability, it would pose a signifi- regime’s isolation, and ruin the Iranian by 30,000 soldiers. I, along with nearly cant threat to peace and security in economy. all of my colleagues, supported that in- the Middle East, especially to our close The administration is right to at- crease to meet our growing security de- ally Israel and others in the region. tempt engagement with Iran even as mands and relieve the combat burden For years, the Iranian regime has re- we make clear that biting sanctions on our already overstretched forces. fused reasonable requests by the inter- will follow if international demands for When we took that vote, we incurred national community. And it has failed greater transparency continue to meet an obligation as well to provide those to meet its obligations under inter- with stubborn refusal. troops with the support they will need national nonproliferation rules. Administration officials have out- in order to do their jobs. That is a threat to both national se- lined to me a menu of additional tough Chairman INOUYE and the members of curity and global stability, and it can- multilateral sanctions that they are the Senate Appropriations Committee not be allowed to stand unchallenged. considering imposing. Congress must have demonstrated incredible foresight President Obama has undertaken an equip President Obama with a full by acting quickly to prevent these fu- aggressive dual-track approach. He has range of tools to deal with the threats ture shortfalls in this very important offered high-level engagement with posed by Iran. fleet. If this amendment to undo their Tehran, but has matched that carrot In the last Congress, the Banking good work prevails, we are doing a dis- with the stick of sustained pressure Committee approved comprehensive service to our troops. We are also doing through economic sanctions. As the legislation to impose tough new sanc- a great disservice to our taxpayers. President has warned, Iran won’t be al- tions on the Iranian regime; authorize The author of this amendment has lowed to run out the clock. investors to divest from companies ac- said we should kill the C–17 now and As chairman of the Senate Banking tive in Iran’s energy sector; and com- wait for a government study down the Committee, I intend to introduce legis- bat black-market networks spreading road to see whether we need more of lation that will arm the administration weapons around the world. Unfortu- these aircraft. Well, if we kill the C–17, with the ability to impose tough, tar- nately, floor consideration was repeat- we will lose our only wide-body assem- geted sanctions if Iran does not re- edly blocked by a small minority. bly line in the United States. Accord- spond to our final diplomatic efforts in Given the rising stakes, I intend to ing to the Government Accountability the coming weeks. work with my committee colleagues, Office, it will cost up to $1 billion to re- We must confront Iran’s government including Ranking Member Senator start the line when it inevitably dawns with its long record of duplicity and SHELBY, to press forward similar sanc- on us that we need additional military deception on the issue of its nuclear fa- tions legislation in the next few weeks. cargo planes to support our troops in cilities. I want to congratulate Senators the field. If we hand these three indi- Last week, President Obama revealed LIEBERMAN and BAYH for their leader- viduals and the 30,000 of their fellow that Iran is building a secret uranium ship on this issue, including their legis- workers around the country pink slips enrichment facility in violation of lation to impose further sanctions on in the next few days, who do we think international rules. entities involved in importing gasoline is going to build those planes down the The President and our allies have to Iran or in assisting Iran’s efforts to road? rightly insisted that IAEA inspectors expand its domestic refining capacity. By the way, if we choose to try to be allowed to access this facility Iran’s energy sector is a key source make up the capability by extending promptly. And over the weekend, Iran of revenue to the government—and the lives of the C–5As, we would need moved forward on provocative missile Iran is especially susceptible because to overhaul and repair seven of them at tests. of its dependence on imported gasoline. a cost of nearly $1 billion to equal the In two days, the United States and I will integrate these critical provi- capability we would get from buying our allies will begin key talks with sions into the legislation.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9915 Our legislation will be targeted and Our allies continue to work closely across the country, has reached a new strategic, maximizing the economic le- with the US to increase economic and low on the international stage. Again, verage of the U.S., our partners and al- diplomatic pressure on Iran. I speak of the Iranian regime—the Gov- lies, and investors while avoiding the I believe our legislation will com- ernment—and not the people of Iran. risks of a more indiscriminate ap- plement and reinforce those ongoing The disclosure of the uranium enrich- proach. diplomatic efforts, and send a clear sig- ment facility near the city of Qum The bill would also expand coverage nal to Iran’s government of what’s in should serve as a wakeup call for those under the Iran Sanctions Act to in- store if they continue to flaunt the will who believed Iran’s nuclear program clude financial institutions, under- of the international community. was only for peaceful purposes. The re- writers, guarantors, and other business Congress will be moving forward on gime continues to deceive the inter- entities, and extend the applicability the same timetable that the President national community about its nuclear of sanctions to oil and gas pipelines and our allies have set for this fall, to intentions and program development. and tankers. underscore to Iran’s leaders the huge It continues to threaten our ally Israel; It would impose a broad ban on direct price they will pay economically, po- it continues to disregard its inter- imports from Iran to the U.S. and ex- litically, diplomatically, and otherwise national commitments; and, yes, the ports from the U.S. to Iran of those few if they do not change course. regime continues to directly threaten items still able to be so shipped, ex- The government of Iran must come the national security interests of the empting food and medicines. clean on its nuclear program, which as United States. It will strengthen existing authority President Obama observed last week As the administration begins talks to freeze the assets of Iranians active represents a direct challenge to the on Thursday, we in the Senate should in weapons proliferation or terrorist basic foundation of the international be prepared to do our part and pass activity, and make it clear that U.S. nonproliferation regime. I hope my col- tougher sanctions on the Iranian re- entities who establish a subsidiary to leagues will join me in supporting ef- gime to compel its compliance with get around sanctions laws will be held forts in the coming weeks to make international standards. We have a re- liable for the activities of their subsidi- clear to the Iranians that we in Con- sponsibility to provide the administra- aries. gress stand with President Obama in tion with the tools it needs to maxi- Finally, it would impose new require- our determination to confront this mize pressure on this increasingly in- ments that the President actually problem forcefully, and urgently, be- transigent Iranian regime. make a determination, and report fore it is too late. I applaud the administration’s ap- every 6 months to Congress, regarding Mr. President, we will have our hear- proach to recalibrating U.S. engage- the sanctionability of eligible invest- ing on October 6 in the Senate Banking ment around the world. At a minimum, ments in Iran’s energy sector. In addition to expanding U.S. sanc- Committee. My intention is to, shortly this international effort will restore tions, the bill would also establish a thereafter, a week or so, combine the America’s long-held reputation of simple formula authorizing divestment proposals offered into one strong, com- being an honest broker, of a country from firms which invest significant prehensive sanctions bill. I, as well as that values diplomacy and relation- amounts in Iran’s energy sector, with others, believe we should take no op- ships with allies and welcomes new provisions patterned after the Sudan tions off the table and that we under- ones. Internationally, the United Accountability and Divestment Act en- stand the implications of the state- States is on a better footing than it has acted 2 years ago. ment. been in years. Ties with allies have Many of us believe that Americans Most of us agree every effort ought been strengthened. Those on the fence, should be able to divest from energy to be made to resolve this matter short such as Russia and China, in this par- firms doing business with the Iranian of the use of military force. Obviously, ticular question, are showing signs of regime whose policies they abhor, and that option remains. I believe we are cooperation on issues that are critical which indirectly help to prop up the re- proposing a sanctions regime, along to our national interests. Our adver- gime. with the needed cooperation of other saries, not sure how to demonize the They should be given the tools they nations around the world, that will United States such as they used to do, need to make socially responsible deci- send an unequivocal message—and are on their heels. The administra- sions. And investors who choose to di- nothing would be more important at tion’s diplomatic offensive has put us vest—States, large pension and mutual this hour than to send that clear into a position where we have a strong funds, and others should be held harm- united message from this body and the coalition going into these important less for these decisions. Investing in other body—of our determination to discussions on Thursday. Iran is risky business, and investors use all the tools available to us to The events of the last week are un- should be fully informed of those risks bring about the desired change we fortunate evidence of the Iranian re- going in. The bill does not require di- seek. gime’s deceit, defiance, and disregard vestment; it simply permits it. By adopting this strong legislation, for international standards for peace Finally, this bill will provide incen- my hope is they will understand how and security. tives for countries to strengthen their serious we are in our determination to First, on Monday, the Iranian regime export control systems to stop the ille- achieve the common goal sought by the sent a letter to the IAEA disclosing the gal diversion of sensitive dual-use tech- administration and us in this body. existence of the second enrichment and nology to countries like Iran, and im- With that, I yield the floor. refining facility, a site that the United pose tough new licensing requirements The PRESIDING OFFICER. The Sen- States and Israeli intelligence report- on those who refuse to cooperate. ator from Pennsylvania is recognized. edly have tracked for years. This mis- As we confront the realities of a glob- Mr. CASEY. Mr. President, I ask sive denies that the site was intended al marketplace, with manufacturers as- unanimous consent to speak as in for nuclear purposes, though the 3,000 sembling parts of complex machinery morning business. centrifuges were clearly meant for such as aircraft and computers from a The PRESIDING OFFICER. Without weapons-grade refinement. Moreover, supply chain spanning the globe, and as objection, it is so ordered. the site was buried deep underground regimes like Iran, North Korea, and Mr. CASEY. Mr. President, I rise and under protection by the elite Revo- Syria trawl various trans-shipment with respect to Iran’s nuclear program. lutionary Guard—not the typical pro- hubs for such parts to assemble high- I commend the Senator from Con- tocol for a peaceful energy site. tech weapons, it makes sense to ad- necticut, chairman of the Banking On Wednesday, the Iranian President, dress this problem head-on. Committee, for his presentation a few Mr. Ahmadinejad, used his time on the We have developed a way to do this, moments ago. Similar to so many rostrum at the United Nations not to with an array of carrots and sticks to Americans, we have learned a lot in the welcome a new day of engagement with prod unwilling countries to get serious last couple days that is troubling. the international community but in about developing and implementing The Iranian regime, discredited this typical fashion to rail against Israel. tough, comprehensive export control summer by the deplorable repression of This desperate attempt to divert atten- rules and systems. peaceful prodemocracy demonstrators tion from his own internal political

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9916 CONGRESSIONAL RECORD — SENATE September 29, 2009 problems, as well as his government’s It is next to impossible that the Ira- I call on my colleagues to listen to deceitful nuclear program, once again nian regime will be able to prove that legislatures in so many States across showed this regime is not a responsible its nuclear sites are for peaceful pur- the country that have passed divest- actor on the world’s stage. Iran’s peo- poses by this Thursday. The Obama ad- ment measures already. The American ple recognized this last June by voting ministration needs to be ready to move people do not want anything to do with against Mr. Ahmadinejad and his brand quickly and build on international mo- investing in this regime. Let’s pass di- of politics. The world witnessed on live mentum created over the past week to vestment and petroleum sanctions and television how Mr. Ahmadinejad pressure this regime. That is why we in send a message to this regime and to viewed the democratic process as his the Senate need to be ready to play our the international community that a people paid dearly for the audacity of part, support the administration, and nuclear-armed Iran is unacceptable. their vote. move on sanctions. Mr. President, I yield the floor and Finally, over the weekend, Iran’s We currently have two proposals on suggest the absence of a quorum. news service reported three rounds of Iran pending before us. First, the Iran The PRESIDING OFFICER. The missile tests, including those capable Sanctions Enabling Act is a measure clerk will call the roll. of hitting Israel. GEN Hossein Salami, introduced by Senator BROWNBACK and The legislative clerk proceeded to head of the Revolutionary Guard Air myself. We introduced this bill last call the roll. Force, said the drills were meant to May. This would allow State and local Mr. INOUYE. Mr. President, I ask show that Tehran is prepared to crush government pension funds to divest unanimous consent that the order for any military threat from another coun- from companies that do more than $20 the quorum call be rescinded. try. This erratic display will actually million in business with the Iranian en- The PRESIDING OFFICER. Without weaken, not strengthen, Iran’s hand in ergy sector. The second bill, the Iran objection, it is so ordered. Geneva and will hopefully serve to con- Refined Petroleum Sanctions Act, in- AMENDMENT NO. 2558 vince our Russian and Chinese friends troduced by Senators BAYH and KYL, Mr. INOUYE. Mr. President, earlier, that the Iranian regime is not a cred- explicitly empowers the President to the Senator from Arizona raised con- ible actor nor a reliable trading part- impose new economic sanctions on for- cerns that the Committee on Appro- ner. eign firms involved in the export of priations had reduced funding in the After this disturbing but strangely gasoline and other refined petroleum operation and maintenance accounts. predictable week of Iranian regime be- products to the Islamic Republic of havior, American negotiators will head As I noted in my opening statement, Iran. I am cosponsor of this bill, along this committee of ours reviews the en- to Geneva. This is the first official and with more than 75 of my Senate col- direct meeting with Iranian nego- tire budget and adjusts funds based on leagues. that review. That review came out tiators in 30 years. Leading the Amer- The Iran Sanctions Enabling Act is with various results, and I would like ican delegation is Ambassador Bill modeled on similar legislation passed to discuss some of them with you. Burns, one of America’s most respected in response to the genocide in Sudan. Before I do the analysis, I would just diplomats. Having served in Russia, Eighteen State legislatures have point out to my colleagues the budget Ambassador Burns is well placed to ad- passed individual Iran sanction meas- that we are considering at this moment dress the complex international dimen- ures, and our legislation would bring was formulated about a year ago—a sions to this diplomatic problem. We these State efforts into line with Fed- year ago. That is when the process will be well represented in Geneva, and eral law. When President Obama was in I wish Ambassador Burns and his team the Senate, he introduced an earlier began. I am certain all of us will agree all the best in what will surely be a version of this legislation. It was right that since that time much has challenging assignment. in 2007, and it is right in 2009. changed. Therefore, the committee be- Iran is not going into these negotia- Analysts have estimated that Iran lieved we owe it to the Senate to apply tions on sure footing, while the inter- requires $20 billion annually in invest- the funds we recommended where they national community has never been ments for its oil and natural gas sec- are most needed at this moment, not more united. Led by the United States, tor. This sector directly provides fund- where they were needed a year ago. Britain, Germany, and France, opposi- ing for Iran’s nuclear program, as well For example, the reductions to oper- tion to Iran’s nuclear program is based as its support for international ter- ations and maintenance programs we in fact, rooted in a willingness to en- rorism. Iran will only cease its illicit recommended are based on a lack of gage, and backed up with a clear and nuclear program, end its support for justification or of changed require- firm message: An Iran with nuclear terrorists in Hamas and Hezbollah, and ments. The funds are not reduced be- weapons is unacceptable under any cir- stop arming militant groups in Iraq cause of a need to transfer funding to cumstances. Let me repeat. An Iran when it is compelled to pay an eco- other appropriations. with nuclear weapons is unacceptable nomic price. The Senator from Arizona suggested under any circumstances. We are entering a critical phase in we are taking out certain funding to This message is gaining stronger res- President Obama’s strategy of engage- pay for earmarks. The O&M accounts— onance with Russia and China. The ment with Iran where Tehran will face operation and maintenance accounts— Russian President’s comments at the a true test. I hope the October 1 nego- were reduced in this fiscal year 2010 University of Pittsburgh last week in- tiation will lead to a freeze in Iran’s base budget for many reasons, and just dicated a willingness to consider sanc- nuclear enrichment efforts and ulti- let me explain a few. tions. This is a potentially remarkable mately a nuclear weapons-free Iran. Five hundred million dollars, or half breakthrough because if the Russians Will the regime accept the President’s a billion dollars, was not a cut as sug- are willing to support international genuine offer of dialog and comply gested by the Senator from Arizona, sanctions, the Chinese could be left with international nuclear standards but it was, rather, a transfer from the alone among the P5+1 group in that de- or will it continue a losing strategy base budget request to the overseas termination. While China relies on Iran that serves to deepen its own isolation? contingency operations budget because for substantial fuel imports, I trust These are questions for the Iranian re- the resources for certain programs they are carefully weighing their need gime, and they must answer these were more appropriately funded for the for energy against Iran’s increasingly questions. Iraq and Afghanistan war. This is what erratic and irresponsible behavior. The If last week is any indication, Con- they suggested. opportunity cost of doing business with gress should be prepared to hand the One hundred million dollars was re- this regime has increased considerably President the leverage he needs to send duced based on administrative savings and may now be too high a price to a message to the regime that America proposals. In April of this year the Of- pay. I hope the Chinese will support cannot and will not accept an Iran with fice of Management and Budget was di- international efforts to pressure this nuclear weapons. The administration rected by the President to work with Iranian regime at this critical time needs all the tools at its disposal to in- agencies to identify cuts to their ad- with the understanding that these ef- crease pressure on the regime dip- ministrative budgets separate and forts could ultimately result in a more lomatically, politically, and through apart from those identified by the fis- reliable and stable partner in Tehran. more stringent economic sanctions. cal year 2010 budget—beyond that.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9917 The DOD savings identified by the Mr. President, I ask unanimous con- Thank you for considering my input on administration was $100 million in fis- sent that my letter to General these very important issues. And as always, cal year 2010, and we allocated these Schwartz and his letter to me be print- thank you for the outstanding leadership you provide our country and for the excel- funds to other worthy projects. ed in the RECORD, and also a letter I re- lent support you provide the Armed Forces Finally, $100 million was cut from ceived from Secretary Gates be printed of the United States. the Security and Stabilization Pro- in the RECORD. Sincerely, gram because that was not authorized There being no objection, the mate- NORTON A. SCHWARTZ, by the Senate Armed Services Com- rial was ordered to be printed in the General, USAF, Commander. mittee. RECORD, as follows: Mr. President, we do this type of re- U.S. SENATE, THE SECRETARY OF DEFENSE, view every year. Every year someone COMMITTEE ON ARMED SERVICES, Washington, DC., Sept. 29, 2009. complains their programs are cut, but Washington, DC, November 6, 2007. Hon. CARL LEVIN, we stand by our recommendations. We General NORTON A. SCHWARTZ, USAF, Chairman,Committee on Armed Services, U.S. Commander, U.S. Transportation Command, Senate, Washington, DC. do more to enhance the readiness of DEAR MR. CHAIRMAN: I am writing as a fol- the forces in this bill than was re- Scott AFB, IL. DEAR GENERAL SCHWARTZ: The conferees low up to our discussion last week regarding quested. Keep in mind since this budget on the National Defense Authorization Act the retirement of strategic airlift aircraft. was drafted, we have requested and for Fiscal Year 2008 are meeting now to The Department fully supports the lan- added 30,000 more troops. We do so by reach agreement on the contents of this bill. guage in Section 311 of the Supplemental Ap- providing equipment to our National One of the issues before the conferees is the propriations Act of 2009 (Public Law 111–32) Guard and Reserves. Everyone supports question of buying more C–17 aircraft as rec- which requires a minimum of 292 strategic airlift aircraft as reflected in the Depart- the National Guard, but we give them ommended in the House-passed bill. Before we come to a conclusion on the best ment’s 2005 Mobility Capability Study. secondhand tools. It is about time they Since the release of MCS–05, Congress has got some good ones. We do so by apply- way to proceed, we need to hear your per- sonal and professional opinion on two issues: funded an additional 33 C–17s the Depart- ing resources to buy MRAPs to protect (1) what is your requirement, if any, for C–17 ment did not request. The addition of these our troops. And, yes, we do so to buy aircraft beyond the 190 C–17 aircraft that the C–17 aircraft influenced our decision to up- more C–17s to carry our forces wher- Air Force has already bought; and (2) what is grade only 52 of 111 C–5s with the Reliability ever our leaders send them. the basis of your requirement, if any, for air- Enhancement and Re-engining Program I thank the Chair. craft beyond the 190 C–17 aircraft that the (RERP). Congress is now considering adding Mr. LEVIN. Mr. President, I support Air Force has already bought. another 10 C–17s in the FY2010 budget. Due to the urgency of completing our con- The Department’s current fleet of 324 air- the McCain amendment that would craft (213 C–17/111 C–5) is in excess of stra- strike the $2.5 billion in additional ference, we appreciate receiving your re- sponse to these questions no later than 5 tegic airlift needs, driving increased oper- funding for C–17 aircraft in the com- p.m., Tuesday, November 6, 2007. ating costs at the expense of other priorities. Each C–5A costs over $13 million in annual mittee-reported bill and restore serious Sincerely, operating expenses. Since we are over our cuts that were made in the readiness CARL LEVIN, current requirement by eight aircraft, as de- accounts, in part to shift funds to sup- Chairman. port continued C–17 production. termined by the analysis conducted during the C–5 RERP Nunn-McCurdy recertifi- Terminating production, like closing U.S. TRANSPORTATION COMMAND, cation, it costs the Department over $100 Scott Air Force Base, IL, November 6, 2007. a base, can involve some economic loss million a year in excess expenditures. These Hon. CARL LEVIN, for the communities involved. It in- costs will only grow if we receive additional U.S. Senate, volves pain—we understand that—up C–17s and/or delay the ability for the Depart- Washington, DC. ment to retire excess aircraft. close and personal. But we must do so DEAR SENATOR LEVIN: Sir, thank you for Initial indications from Mobility Capa- from time to time and make these dif- the opportunity to respond to your questions bility Requirements Study 2016 show the ficult decisions. We have to do that for concerning the strategic airlift fleet. I sup- strategic balance will not fundamentally what is best for the Nation and for the port the programmed strategic airlift fleet of change. This leads me to believe: (1) the De- 180 C–17s, extended by the Fiscal Year 2007 men and women in the Armed Forces partment does not need additional C–17s to Bridge Supplemental to 190 aircraft, com- because, as Secretary Gates said in a meet strategic needs; and (2) the Department bined with 111 modernized and reliability im- letter to me today expressing support needs to begin shedding excess strategic air- proved C–5s. This fleet mix, augmented with for ending C–17 production: The De- lift inventory by retiring a portion of the C– the capability of the Civil Reserve Airlift partment does not need additional C– 5A fleet now. The Department requests your Fleet (CRAF), provides sufficient airlift ca- support and authority to allow the proper 17s to meet strategic needs. pacity to meet strategic and operational ob- management of the strategic airlift fleet to First, I want to agree with Chairman jectives during large-scale deployments, meet the Nation’s requirements. INOUYE that the C–17 is a fine aircraft. while supporting other high priority oper- I have been a strong supporter of the Thank you for your strong interest and ations and forward deployed forces, continued support of the Department. However. the outcome of the C–5 mod- C–17 program, even when it was having Sincerely, ernization program will have a direct impact growing pains early in the program. If ROBERT M. GATES. on the capacity the C–17 will shoulder. we did not already have a C–17 aircraft Mr. LEVIN. Mr. President, for those fleet, we would have to create one. But Therefore, given the uncertainty sur- rounding the C–5 modernization program, I members of the Senate not familiar this is not a question of whether we cannot recommend terminating C–17 produc- with the phrase ‘‘personal and profes- should buy the C–17. We have bought tion at this time. sional opinion,’’ let me explain. In the them, for a total of 213 aircraft. It is a Since you asked for my personal and pro- Armed Services Committee, we require question of ‘‘How many C–17s do we fessional opinion, I believe 205 C–17s and 111 that military officers, appointed to C–5s is the correct fleet mix for the future. I need?’’ senior positions such as the Transpor- On that very point, I wrote a letter reach this opinion by combining the analysis tation Command position, affirm that, to the current Chief of Staff of the Air of available million-ton-miles per day (MTM/ when asked for their personal and pro- Force, General Schwartz, who was then D) capability, fleet mission capable rates, the annual flying hour program, average cost fessional opinion on any matter, they commander of the U.S. Transportation per flying hour, total number of organic air- are obliged to give their own opinion, Command, on November 6, 2007. craft tails, available pallet capacity, and av- whether that opinion agrees with that I had asked for his professional opin- erage age of the fleet. Taking these factors ion as to whether we needed C–17 air- of the Secretary of Defense, the Presi- together, I personally conclude 205/111 is the dent, or anyone else in the executive craft beyond the 190 C–17 aircraft the sweet spot. Air Force had already bought, and he My top airlift priority, however, remains branch. General Schwartz replied to my let- gave us his personal and professional the recapitalization of our aging tanker ter on November 6, 2007: opinion. He said: fleet. The KC–X will not only fulfill its pri- mary refueling role, but will multiply our Since you asked for my personal and pro- Since you asked for my personal and pro- transportation options. The strategic airlift fessional opinion, I believe that 205 C–17s and fessional opinion, I believe that 205 C–17s and fleet mix should be calibrated as necessary 111 C–5s is the correct fleet mix for the fu- 111 C–5s is the correct fleet mix for the fu- to account for this strategic necessity and to ture. I reach that opinion by combining the ture. ensure we don’t over-build overall organic analysis of available million-tonmiles per He explained how he reached that capacity to the detriment of our commercial day (MTM/D) capability, fleet mission capa- opinion. partners. ble rates, the annual flying hour program,

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While I believe a President should have scoring of the bill be printed in the some latitude in selecting judges, they It is clear from his letter that Gen- RECORD. should not be ideologues. eral Schwartz and the members of There being no objection, the mate- Jeff attended law school at my alma TRANSCOM had given serious thought rial was ordered to be printed in the mater, the University of South Dakota, to the question of how many C–17s we RECORD, as follows: where our attendance overlapped. I re- should have. ceived my law degree in 1975, and Jeff More recently, in the fiscal year 2008 H.R. 3326, DEPARTMENT OF DEFENSE APPROPRIATIONS received his law degree in 1977. Jeff has Defense Authorization Act, we required ACT, 2010 served as an assistant U.S. attorney that the Department conduct a Study [Spending comparisons—Senate-Reported Bill (in millions of dollars)] on Size and Mix of Airlift Force. That and acting U.S. attorney for South Da- study was conducted by the Institute Total kota before going into private practice. His extraordinary reputation of skill for Defense Analyses, IDA, and was Senate-Reported Bill: completed in February, 2009. Among Budget Authority ...... 636,270 and integrity during his years of public Outlays ...... 646,043 and private law practice will translate the questions that the study answered Senate 302(b) Allocation: were the following: Budget Authority ...... 636,271 well and benefit this court. The same Outlays ...... 646,071 can be said of his tenure as the Federal What are the cost and other implica- House-Passed Bill:– tions for stopping production of the C– Budget Authority ...... 636,293 Public Defender for North and South Outlays ...... 647,932 Dakota, a job he has held since 2003. 17 line and then restarting it later, if President’s Request:– needed? Budget Authority ...... 640,137 Regarding his nomination, Jeff re- Outlays ...... 650,641 Our assessment of the C–17 line shutdown ceived a ‘‘well qualified’’ rating from and restart is that continued production, SENATE-REPORTED BILL COMPARED TO: the American Bar Association. It is Senate 302(b) allocation: clear he has an accomplished re´sume´ even at low rates, is expensive relative to re- Budget Authority ...... ¥1 start costs. Moreover, under the scenarios Outlays ...... ¥28 and many years of public service. It is and other assumptions considered in this House-Passed Bill: a great honor that President Obama Budget Authority ...... ¥23 study, additional C–17s were not needed to Outlays ...... ¥1,889 has placed on Jeff. We are very fortu- meet the MCS (Mobility Capability Study) President’s Request: nate to have a great member of the moderate-acceptable-risk delivery rates used Budget Authority ...... ¥3,867 as a benchmark by the analyses conducted Outlays ...... ¥4,598 South Dakota legal community nomi- here. We also found that retiring C–5As to re- NOTE: The table does not include 2010 outlays stemming from emergency nated to this post. Jeff has many years lease funds to buy and operate more C–17s is budget authority (BA) provided in the 2009 Supplemental Appropriations Act of public service, and we look forward (P.L. 111-32) but does include outlays from regular BA designated as being not cost-effective. for overseas deployments and other activities. The 2010 BA total includes $5 to his future work for the people of Mr. President, the time has come to million in non-defense BA resulting from that Act. The remaining BA is clas- South Dakota. Most importantly, his stop C–17 production at 213 C–17 air- sified as defense. nomination to the bench is a victory craft. That is all we need to buy, that f for justice and the rule of law, not only is all we can afford to buy, and that is EXECUTIVE SESSION for South Dakota but for our Nation. all we should buy. I have known Jeff for a long time. I The money that would be freed up by find him to be a nominee of good moral the McCain amendment would be NOMINATION OF JEFFREY L. character and standing in the commu- transferred to the operation and main- VIKEN TO BE UNITED STATES nity. It is with great satisfaction that tenance, O&M, accounts. The bill cut DISTRICT JUDGE FOR THE DIS- I will cast my vote today for the con- roughly $2.4 billion from the budget re- TRICT OF SOUTH DAKOTA firmation of Jeff Viken to be the next quest. I fear that this overall reduction The PRESIDING OFFICER. Under U.S. Federal district judge for South could force the Department to make the previous order, the Senate will now Dakota. I urge my colleagues to sup- serious reductions in O&M activities, if proceed to executive session to con- port this very qualified nominee. not, in fact, forcing the Department to sider the following nomination, which I yield the floor. ask for another supplemental funding the clerk will report. The PRESIDING OFFICER. The Sen- request. We should do all we can to The assistant bill clerk read the ator from Alabama is recognized. avoid that possibility. nomination of Jeffrey L. Viken, of Mr. SESSIONS. Mr. President, I Mr. CONRAD. Mr. President, I rise to South Dakota, to be United States Dis- thank Senator JOHNSON for his com- offer for the record, the Budget Com- trict Judge for the District of South ments and value his opinion on this mittee’s official scoring of H.R. 3326, Dakota. nomination. I look forward to seeing the Departments of Defense Appropria- The PRESIDING OFFICER. The Sen- this nominee confirmed. tions Act for fiscal year 2010. ator from South Dakota. The confirmation process we have in The bill, as reported by the Senate Mr. JOHNSON. Mr. President, as you this country is a very important mat- Committee on Appropriations, provides know, one of the duties granted to the ter. Our Democratic colleagues are, un- $636.3 billion in discretionary budget Senate in the Constitution is the ad- derstandably, inclined to be supportive authority for fiscal year 2010, which vice and consent of judges appointed by of whomever the President puts up. It will result in new outlays of $401.7 bil- the President to the bench. The life- has been a recognized responsibility for lion. When outlays from prior-year time appointment of a judge is a very the minority party, the party that is budget authority are taken into ac- serious decision, one that has a lasting not of the President’s party, to ask count, discretionary outlays for the impact on our democracy. questions and dig into the backgrounds bill will total $646 billion. Today the Senate takes up the nomi- of these nominees and move the good The Senate-reported bill is $1 million nation of Jeff Viken to be Federal dis- ones and raise the proper questions if below its section 302(b) allocation for trict judge for South Dakota. It is this there are problems. budget authority and is $28 million nomination that I wish to speak of Mr. Jeffrey L. Viken has an impres- below its allocation for outlays. today. sive background. Early in his career, The bill includes $128.2 billion in So far this Congress, under the new he was an Assistant and Acting U.S. at- budget authority designated as being President, has confirmed two judges. torney. He is a member of the trial for overseas deployments and other ac- One of those judges is Supreme Court lawyers plaintiff bar association in tivities. Pursuant to section 401(c)(4) Justice Sonia Sotomayor and the other South Dakota. He has been in private for the 2010 Budget Resolution, adjust- is a Second Circuit judge. I am proud practice for 22 years, and for the last 6 ments to the Appropriations Commit- to have a South Dakotan as the third years he has been a Federal Public De- tee’s section 302(a) allocation and to judge to be confirmed by the Senate. fender where he defends criminal cases. the 2010 discretionary spending limits However, we are 9 months into this new So he has been a prosecutor and a pub- were made for that amount and for the administration, and we have only con- lic defender. I guess that is a pretty outlays flowing therefrom. firmed two judges. good match, and I am happy we were

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9919 able to work out this agreement with judges he will nominate to the Federal law in Federal court for many years, the majority and process this nomina- courts; that is, he meets the Presi- and I have always believed and ex- tion very quickly. Actually, he was dent’s ‘‘empathy standard.’’ pected that a judge who heard my case voted out after his first appearance be- President Obama described that would rule on the law fairly and objec- fore the Committee and is already on standard as follows: tively. If I lost and did not have suffi- the floor. We need somebody who’s got the heart, the cient law or evidence and logic to sup- But I would note for some people who empathy, to recognize what it’s like to be a port my position, I did not expect to say there has been a dragging of feet on teenage mom, the empathy to understand prevail. That is the kind of concept the nominations that the President did what it’s like to be poor, or African-Amer- that underlies American justice. not send this nomination forward, his ican, or gay, or disabled, or old. And that’s Aside from nominee David Hamilton, the criteria by which I am going to be select- almost every one of President Obama’s first district court nominee to the Sen- ing my judges. ate, until June 25, a few months ago, nominees, including Justice In 2005, when then-Senator Obama when the Senate and the Judiciary Sotomayor, has rejected outright the was in the Senate and he explained on Committee were consumed with the empathy standard. So at first blush, I the floor his vote against Chief Justice Supreme Court nomination of now-Jus- found Mr. Viken’s answer that he be- John Roberts, who I think is one of the tice Sotomayor. Understandably, lieves he fits that standard to be con- finest nominees we have seen in dec- Chairman LEAHY could not and did not cerning. However, his answers to ques- ades and whose testimony before the report his nomination until after that tions we submitted to him for the Judiciary Committee was stunning in confirmation process was over, until record provide maybe a more complete its impressiveness and his grasp of the after Labor Day. We were then able to view. This is what he said in his answer legal issues, his comprehensive knowl- come to a time agreement and also to in writing: edge of how the Court worked, and vote on the nomination of Judge Ge- A judge’s consideration of a case must al- cases—there was not a case brought up rard Lynch, who is a highly able nomi- ways be governed by impartiality, that he didn’t seem to fully know evenhandedness, attention to the facts pre- nee but an activist judge with a philos- about. Virtually every case the Su- sented by the parties, and respect for estab- ophy too close, by my way of thinking, preme Court had ever written he lished law. Empathy is a personal char- to Justice Brennan on the Supreme acteristic which may assist a judge in ana- seemed to be knowledgeable about. It Court for whom he clerked. So I think lyzing the human circumstances which bring was just a tour de force. Senator it is healthy for us to ask questions. I people before the court. But the law and not Obama voted against Judge Roberts voted for Judge Lynch for the Second the personal experiences of jurists is the and stated that 5 percent of cases are path to justice in considering each case. Circuit, and he was confirmed by a determined by ‘‘one’s deepest values very large vote. I think that is OK. I am not sure how We will continue to work with the and core concerns . . . and the depth you can have any empathy—empathy majority party and the President and and breadth of one’s empathy.’’ We can is a personal characteristic, maybe? I move the nominees at an appropriate only take this to mean that the Presi- would hate to disagree with the Presi- pace. dent believes that in 5 percent of all dent who nominated me, but that is a I wanted to note a little bit more cases, judges should not set aside their pretty good statement overall. about the pace of nominations. You personal beliefs, biases, or experiences. He also stated he believes that, ‘‘The know, it is not possible for the Senate I think this is a radical and a dan- role of a Federal district judge encom- to confirm a nomination until the gerous departure from the most impor- passes diligent legal scholarship’’—that President has nominated someone. I tant pillar, the fundamental pillar of is true—‘‘a strong work ethic’’—true— have heard my colleague, the Chair- the judicial system—judicial impar- ‘‘impartial and dispassionate consider- man, Senator LEAHY, say that we tiality. ation of proven facts and reasoned haven’t had enough confirmations, but Whatever the empathy standard is, it legal arguments, fidelity to binding I would note that there is an 11-percent is not law, and we have courts of law in and persuasive precedent, and respect vacancy rate in the Federal courts. this country. Whenever a judge em- for all who appear before the court.’’ I think that is good statement. I That is not an extraordinarily high va- ploys his personal beliefs, biases, or ex- think if he will conduct himself on the cancy rate. It takes some time to do periences to make a decision that fa- bench according to those standards he background checks and for the Presi- vors one party, is it not true that he necessarily has, therefore, disfavored will do well. And I believe he will. dent to consider the people he might I am glad to see he is an honors grad- want to nominate and to consult with the other party as a result of his per- sonal beliefs and biases? For every liti- uate, but he didn’t go to some of these Members of the Senate as he does so. I schools, Senator JOHNSON, he went to would note that at this moment there gant who benefits from the judge’s so- called empathy, there is a litigant who school in South Dakota; he has prac- are 74 Federal District Court vacan- ticed law before judges over the years, cies—Judge Viken is nominated for loses not on the basis of law but be- cause the judge did not identify with a lot of practice; and in the course of one—but there are only 9 nominees be- that, you learn that judges really do— fore the Senate. There are 28 circuit them. When people are nominated to our the good judges—consistently try to and district court seats that are Federal bench, we ask them to take a reach the right dispassionate result. deemed to be judicial emergencies, but judicial oath before they take office. I think he may have made some only 6 nominees have been submitted The oath embodies the time-honored statements about empathy that are not to the Senate for those judicial emer- American tradition of blind justice. perfect, but my judgment is that he gency seats. We can’t confirm people The oath says this: has been in the courtroom and he has until they are nominated. We can’t do been before good judges. I am hopeful a background check on nominees until I . . . do solemnly swear that I will admin- ister justice without respect to persons, and he is going to be a very good judge. they have been nominated. We can’t do equal right to the poor and to the rich, We will see. I think the issues be- have the information and their records and that I will faithfully and impartially dis- come even more problematic when and their FBI backgrounds and the bar charge and perform all the duties incumbent someone is nominated for the Supreme association evaluations take place upon me . . . under the Constitution and Court or for a circuit court because until they have been nominated. laws of the United States, so help me God. those higher courts seem to be the ones I would just make my commitment I am pleased to say the Supreme who feel less compunction in allowing that we will continue to move nomi- Court has not yet struck down ‘‘so help their personal views to influence cases. nees like Mr. Viken in a timely fash- me God’’ in the oath, and hopefully Because this nominee is nominated to ion. I reviewed his record. I have also they never will. I think the President’s a seat on the district court and is con- carefully reviewed his responses to standard for judicial nominees plainly fined not only by the U.S. Supreme questions from the Senate Judiciary conflicts with that oath. Court but also by his circuit, the cir- Committee. One of his answers, I have We have had a big discussion about cuit precedent, and because he stated to note, was troubling to me. He stated that, and it is not a little bitty matter. he believes the role of a judge entails that he believes he fits President It is not a small matter. Judges take the impartial and dispassionate consid- Obama’s standard for the types of the oath to be impartial. I practiced eration of proven facts and reasoned

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He spent more than two ing personal views in his decision and nomination while we considered the re- decades in private practice. His nomi- will basically follow the oath to uphold cent Supreme Court nomination, or his nation received a rating of ‘‘well quali- the Constitution, first and foremost. nomination would have come to the fied,’’ from the American Bar Associa- Even if he didn’t like it, he should up- full Senate earlier. But I am pleased tion’s Standing Committee on the Fed- hold it. that the committee unanimously re- eral Judiciary. I urge Senators to give In closing, I would like to quote from ported the nomination at the beginning him a strong bipartisan vote, and then an essay by the former chairman of the of this month by a voice vote. I think do a better job of filling the rising Judiciary Committee, Senator HATCH, that the vote tonight, I can virtually number of judicial vacancies to ensure which was published on Constitution guarantee you, will be an overwhelm- that justice is not delayed or denied to Day. He said this: ingly positive vote. I hope it is a sign any American because of overburdened The Constitution—its words and their that we might finally, finally start courts. meaning—was established by the people, can making some progress on judicial I hope instead of withholding consent only be changed by the people, and is sa- nominations, and do it expeditiously. and threatening filibusters of President credly obligatory upon all government, in- Obama’s judicial nominees, the other cluding judges. That is why in the debate on The Senate has to do a better job of judicial selection is really a debate over judi- restoring our tradition of regularly side would work together to treat his cial power. It is a debate over whether the considering qualified, noncontroversial nominees fairly, as I did with President Constitution controls judges or judges con- nominees to fill vacancies on the Fed- Bush’s nominees. I point out, by this trol the Constitution; over what the Con- eral bench without needless and harm- time in President Bush’s first term, we stitution really is, with nothing less than ful delays. had already confirmed six of his nomi- liberty itself at stake. As I look around this Chamber, I be- nations to the Federal circuit and dis- I think that is an eloquent statement lieve I have been here longer than any- trict courts. Now, nine months into of the role of a judge, and why at its body else who is presently on the floor. President Obama’s first term, we have most base level, policy in a democracy I saw my distinguished colleague Sen- confirmed only one of his lower court must be set by the elected branches ator INOUYE step off the floor, who has nominees, despite the fact that Presi- who are accountable to the people. served here longer than I have. But I dent Obama made his first nomination Judges are supposed to be neutral ar- have been here 35 years. I have been two months earlier than President biters of the law, deciding a case based here with both Republican and Demo- Bush did. on the law and facts, without allowing cratic Presidents. I have never seen a We can do better. It is not just that their personal, political, or ideological situation where there is this kind of the Senate can do better, the American views or biases to enter into the deci- slow walking of nominations. We have people deserve better. sion-making process. That is why they got to go back to the way we have tra- After months of delay on September put on a robe, to suggest their impar- ditionally done it for the good of the 17, the Senate finally confirmed Judge tiality. That is why they take the oath country. Gerard Lynch to serve on the Second I quoted from. And that is the key in- I was briefly chairman of the Judici- Circuit. I know that circuit well. It gredient of our legal system, the great- ary Committee during President Bush’s covers the States of Vermont, New est legal system the world has ever first term. And even though we had the York, and Connecticut. Despite the known. unfortunate experience of 61 of Presi- fact that Judge Lynch’s nomination I yield the floor. dent Clinton’s nominations being pock- was noncontroversial, despite the fact The PRESIDING OFFICER (Mr. LAU- et filibustered by a then-Republican that it was reported out of the com- TENBERG.) Who yields time? If no one majority, when I came in during that mittee unanimously with the strong yields time, time will be divided equal- less than a year and a half, we con- support of both Republican and Demo- ly. Mr. LEAHY. Mr. President, what is firmed 100 of President Bush’s judicial cratic members, it still took more than the parliamentary situation? nominees. I think it is an all-time three months after his nomination was The PRESIDING OFFICER. The record in speed in getting nominees reported by the committee for the Sen- Viken nomination is the pending ques- through. That was by a Democratic ate to confirm it. Delayed. Delayed. tion. majority with a Republican President. Delayed. You would think there might Mr. LEAHY. Mr. President, how I do want to thank the Committee’s be some controversy. But when we fi- much time remains on both sides? ranking member, Senator SESSIONS. I nally voted, the vote was 94 to 3. It was The PRESIDING OFFICER. The see Senator SESSIONS on the floor. I do being held up for months because three chairman has 171⁄2 minutes remaining, want to thank him. I had, as I said, Members out of 100 Senators wanted to and 51⁄2 remains with the vice chair- agreed to hold back this nominee, the hold it up? That is not being respon- man. Viken nomination, because of the nom- sible. That is not showing the def- Mr. LEAHY. Mr. President, we are ination for Sotomayor, to give time to erence to the judiciary that we should considering the nomination of Jeffrey prepare. But I do want to thank him. show. Viken for a lifetime appointment to After we confirmed Judge Sotomayor Thirteen nominations reported by the U.S. District Court for the District to be a Justice on the U.S. Supreme the Judiciary Committee remain pend- of South Dakota. Court, we moved quickly Mr. Viken’s ing on the Senate’s Executive Cal- President Obama nominated Mr. nomination through the committee at endar, seven of them from back before Viken with the bipartisan support of our business meeting on September 10 the last recess. Five of these nomina- both Senators from South Dakota, without an unnecessary holdover pe- tions are for appointments to be As- Senator JOHNSON and Senator THUNE. riod. Unfortunately, now that it has sistant Attorneys General at the De- Mr. JOHNSON, the distinguished senior been on the Senate Executive Calendar, partment of Justice. Five out of a total Senator from South Dakota spoke just it still has taken 21⁄2 weeks to schedule of 11 divisions at the Department re- a moment ago about his strong support Senate approval of a noncontroversial main without Senate-confirmed Presi- for this nominee. nominee who is probably going to be dential nominees—the Office of Legal Even though we are almost at the unanimously confirmed, and should be. Counsel, the Civil Rights Division, the last day of September, this is only the Mr. Viken has a wide range of experi- Tax Division, the Office of Legal Pol- first Senate confirmation for a Federal ence. He has been both prosecutor and icy, and the Environment and Natural district court judge, and the first to fill defender. He is currently the Federal Resources Division. 1 of 74 current Federal trial court va- Defender for the combined districts of Just think of that: nominees to head cancies. North Dakota and South Dakota. It is five out of a total of 11 divisions at the

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9921 Justice Department are being held by The question is, Will the Senate ad- cent article, published August 31, 2009, Republicans even though the President vise and consent to the nomination of in Time Magazine, entitled ‘‘The Real has made the nominations and even Jeffrey L. Viken, of South Dakota, to Cost of Cheap Food.’’ though they have passed out of the be U.S. district judge for the District of I ask people to read the article and, Senate Judiciary Committee. If any South Dakota? as you read it, take into consideration Senator does not like a nominee, vote The clerk will call the roll. my view of it, which is not very posi- against them. But let’s have a vote up The assistant bill clerk called the tive. Unfortunately, I see this article or down. roll. as one of the most skewed and one- President Obama made his first judi- The PRESIDING OFFICER. Are there sided articles I have ever had the op- cial nomination back in March. I re- any other Senators in the Chamber de- portunity to read, particularly in the member it was snowing like mad. He siring to vote? mainstream media. nominated David Hamilton to the Sev- Mr. DURBIN. I announce that the This report was far from objective enth Circuit. That nomination has Senator from West Virginia (Mr. BYRD) journalism. It seems to me that when been on the Executive Calendar since is necessarily absent. people are talking about America’s early June, even though it has the sup- The result was announced—yeas 99, food crisis and how to fix it, it ought to port of the senior most Republican in nays 0, as follows: be very intellectually accurate. the Senate and one of the most distin- Before outlining the numerous fac- guished Senators of either party who [Rollcall Vote No. 299 Ex.] YEAS—99 tual errors the author presents in his has ever served, Senator LUGAR. article, I will mention that I support Akaka Enzi McConnell The nomination of Judge Andre organic and sustainable agriculture. In Davis to the Fourth Circuit was re- Alexander Feingold Menendez Barrasso Feinstein Merkley fact, Norman Borlaug, father of the ported by the committee on June 4 by Baucus Franken Mikulski green revolution, from Iowa, is credited a vote of 16 to 3. We cannot get it con- Bayh Gillibrand Murkowski with creating a sustainable agricul- sidered by the Senate. The nomination Begich Graham Murray tural system decades ago. And as you of Judge Beverly Baldwin Martin to Bennet Grassley Nelson (NE) Bennett Gregg Nelson (FL) the Eleventh Circuit was reported may know, the Nobel Peace Prize win- Bingaman Hagan Pryor ner of 1970, Norman Borlaug—the per- unanimously from the committee by Bond Harkin Reed voice vote on September 10 and is Boxer Hatch Reid son I just referred to—recently passed strongly supported by the two Repub- Brown Hutchison Risch away at the age of 95. Brownback Inhofe Roberts lican Senators from her State, but still This article refers to the Niman Bunning Inouye Rockefeller Ranch. What Niman Ranch and other we cannot get it scheduled or consid- Burr Isakson Sanders ered. Burris Johanns Schumer organic farmers across Iowa and our Federal judicial vacancies will soon Cantwell Johnson Sessions Nation are doing is to be commended. Cardin Kaufman Shaheen These producers are providing addi- number 120 unless we start moving for- Carper Kerry Shelby ward. I mention that just because we Casey Kirk Snowe tional choices to consumers and cre- should have a history before us. Chambliss Klobuchar Specter ating highly profitable small farms At least the one bright spot is mov- Coburn Kohl Stabenow which can help sustain rural commu- Cochran Kyl Tester nities. In fact, the National Agri- ing Mr. Viken’s nomination. At a quar- Collins Landrieu Thune ter past 5, it is Mr. Viken. By a quarter Conrad Lautenberg Udall (CO) culture Statistics Service reports that past 6, it will be Judge Viken. I con- Corker LeMieux Udall (NM) in 2007, 566 organic farms were located gratulate him and his family. I remem- Cornyn Leahy Vitter in my State of Iowa. Crapo Levin Voinovich ber him coming before our com- DeMint Lieberman Warner That being said, I am disappointed mittee—a wonderful person, a wonder- Dodd Lincoln Webb that an information source, such as I ful family. I can see why the two Sen- Dorgan Lugar Whitehouse referred to by Time magazine, by the Durbin McCain Wicker author, Mr. Walsh—previously Time ators—the senior Senator, a Demo- Ensign McCaskill Wyden cratic Senator; the junior Senator, a magazine was known as a news maga- Republican Senator—support him. He NOT VOTING—1 zine—has resorted to an inaccurate, in- should be a judge. But then let’s start Byrd complete, and unfair reflection of fam- moving these nominations a little The nomination was confirmed. ily farmers—I emphasize the word more expeditiously. The PRESIDING OFFICER. A motion ‘‘family’’ in connection with farmers— Mr. President, what is the time re- to reconsider is considered made and from across the United States. So I will maining? laid upon the table. The President shall take a few minutes on the Senate floor The PRESIDING OFFICER. The Sen- be notified of the Senate’s action. to refute a few main points this author ator has 6 minutes 45 seconds remain- has made. ing, and the minority has 5 1/2 minutes f First, I wish to discuss how our Na- remaining. LEGISLATIVE SESSION tion’s farmers are stewards of our land, Mr. LEAHY. Mr. President, I suggest protecting and caring for their live- The PRESIDING OFFICER. The Sen- the absence of a quorum and ask unani- stock and our environment. ate will now return to legislative ses- mous consent that the time be run Second, I wish to address population sion. equally. growth and the growing demands to The Senator from North Dakota is The PRESIDING OFFICER. Without produce safe and affordable food. recognized. objection, it is so ordered. Finally, I will address how both or- The clerk will call the roll. f ganic agriculture and conventional ag- The assistant bill clerk proceeded to riculture serve complementary needs call the roll. MORNING BUSINESS and can coexist in harmony. Mr. LEVIN. Mr. President, I ask Mr. DORGAN. Mr. President, I ask As everybody in this body knows, I unanimous consent that the order for unanimous consent that the Senate have been a family farmer all my life. the quorum call be rescinded. proceed to a period of morning busi- The PRESIDING OFFICER. Without Of course, I have to give credit to my ness, with Senators allowed to speak son Robin for doing most of the work objection, it is so ordered. therein for up to 10 minutes each. Mr. LEAHY. Mr. President, I ask on the farm and a grandson in that The PRESIDING OFFICER (Mr. unanimous consent that the order for farming operation. One thing you find TESTER). Without objection, it is so or- the quorum call be rescinded. out as a grandfather, when you have a The PRESIDING OFFICER. Without dered. grandson in a farming operation, is objection, it is so ordered. The Senator from Iowa is recognized. that grandfathers are not quite as im- Mr. LEAHY. Mr. President, I ask for f portant as they used to be. the yeas and nays on the nomination. My son Robin and I crop share our The PRESIDING OFFICER. Is there a AMERICA’S FOOD CRISIS land, and we have taken great pride sufficient second? There appears to be Mr. GRASSLEY. Mr. President, I rise over the years in both caring for our a sufficient second. today to respond to Bryan Walsh’s re- livestock and conserving our natural

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9922 CONGRESSIONAL RECORD — SENATE September 29, 2009 resources, while producing bountiful What we show here is, in the last 25 lions of yards of nutrient-rich soil into corn and soybean harvests. We are not years, we have been able to produce the Missouri and other rivers for habi- unlike tens of thousands of other farm- more corn with even less fertilizer. We tat restoration purposes that also con- ers across Iowa and this country whose can see it in the downward trends of ni- tribute. livelihoods depend on taking care of trogen, phosphate, and potash. We use These types of dredging projects in our soil, water, and animals. U.S. Department of Agriculture data the Missouri River floodplain alone I give credit to the new occupant of compiled by the Fertilizer Institute may represent as much as 8 percent of the Presiding Officer’s chair, Senator that nitrogen, phosphate, and potash the spring’s total phosphorous dis- TESTER from Montana, for being an- efficiency is growing in corn produc- charge, leading to problems in the Gulf other family farmer, as well, and being tion. of Mexico. a good caretaker of the environment. To put it another way, we are grow- Technology in corn production in the With final passage of the Food Con- ing more bushels of corn per pound of United States over the last 100 years servation and Energy Act of 2008, also nutrient applied. This is in direct con- has been remarkable. From about 1860 known as the farm bill, Congress made tradiction to the impression that Time to 1930, corn averaged just about 25 one of the largest commitments to con- magazine author Mr. Walsh makes bushels per acre. Not until the 1950s servation this Nation has ever seen. An with his statements. through 1980s, when corn breeders additional $6 billion in new money was We know the hypoxia is partly a nat- began using double-cross and single- added for working lands programs, ural phenomenon, but scientists gen- cross technology, did we see these such as the Conservation Stewardship erally agree that nitrates from agri- great advances in yields of corn. Program, the Wetlands Reserve Pro- culture and other manmade factors Just in the last 10 years, we have gram, and the Farmland Protection contribute to it. When the hypoxia seen increased use of biotechnology Program. zone forms—and most of the time we which has provided yields over 150 Even on my own farm, we use no till talk about this in the Gulf of Mexico— bushels per acre. This author, Mr. for our beans, minimal tillage for our it does, in fact, displace fish. But it is Walsh, clearly views biotechnology as a corn, and we put in wetlands, a water- particularly unfair to try to quantify bad thing when, in fact, traits such as way and a grass strip, even though we impacts on the fishing industry be- drought resistance and nutrient-use ef- have mostly flat farmland. Robin and I cause there is not sufficient data to ficiency are actually improving corn’s are required to do this. We do it be- back up that claim. Technology has al- performance with less inputs, as dem- cause we know, as stewards of our envi- lowed farmers to apply the exact onstrated by this chart. ronment, our farm will benefit in the amount of fertilizer in the right way so Many of our technology companies long run. In other words, it is economi- there is not excess. are expecting their yield trends to ex- cally good to be good stewards of the However, even in organic farming, ceed 300 bushels per acre in coming land. It puts money in your pocket. We which the author seems to hold in the years. For someone such as me who has will be able to then, in the final anal- highest esteem, it uses manure from been farming for 50 years, it is almost ysis, pass the operation down to our animals for fertilizer which also con- unimaginable, but exciting at the same grandchildren and great-grandchildren. tains nitrogen. Soil naturally contains time, to have these projected yields we That is one of the main points the are hearing. author of the Time article, Mr. Walsh, nitrogen that under certain cir- I wish to turn to another chart now. totally misses. He basically demonizes cumstances of too much rain or too It deals with another issue that is very production agriculture. Mr. Walsh im- much moisture in the ground can even- important for us to understand when plies that the only family farmers in tually get into our streams. That is we are talking about efficiency of agri- our country are those who live on 30 true whether it is from natural fer- culture and reducing pollution. In fact, acres of farmland. But nothing could be tilizer or whether it is from commer- in 1915, we used 90 million acres—in further from the truth. Family farmers cial fertilizer. can operate small farms, but they can Farmers for years have been employ- comparison to about 90 million acres, I also operate large farms. If given the ing conservation practices such as no think it is more like 87 million acres opportunity, they want to be able to till, buffer strips, and wetlands, just this year of corn being produced, or 2 pass that farm on to future generations like I have on my farm, to prevent soil years ago, 93 million acres of corn of the family. erosion and to keep runoff from going being produced. I am referring to 90 It makes absolutely no sense to directly into the waterway. I antici- million acres in this picture. In 1915, 90 imply that these producers would pur- pate, especially under this new farm million acres of cropland in America posely deplete our resources for a quick bill, that these practices will grow. were simply used to fuel our agricul- buck. There has never been a quick In addition, research is starting to tural production. buck in farming, but it can provide, shift on hypoxia issues in regard to the So let’s get it straight. It took 90 over a lifetime, a rewarding and sus- Gulf of Mexico. There is increasing rec- million acres of crops just to feed all tainable lifestyle. ognition that causes of hypoxia relate the horses and all the mules that pro- I am going to use three charts during strongly to manmade alteration of the vided the work and the energy on our my presentation. The first one is going entire system, including channeliza- agricultural land before tractors were to be used to refute some of the accusa- tion of the Mississippi, reversal of the invented. tions that have been made. Atchafalaya River in Alabama, and ex- If you add up all the land in the Producers around the United States treme loss of wetlands and barrier is- United States being used to produce continue to become more and more ef- lands that filter nutrients and protect corn, wheat, and soybeans, it is about ficient in their production practices. against storm surges, not solely nutri- 224 million acres today. So less than This chart shows that in the last 25 ent issues, as this author would imply. 100 years ago, we would have been years, we have been able to produce The U.S. Environmental Protection using nearly half the acres in the more bushels of corn with less fer- Agency, the EPA, Science Advisory United States just to feed the draft tilizer. Now get this. Everybody thinks Board has a hypoxia report out indi- animals that produced the power to till the commercial and family farmers are cating that 22 percent of the nitrogen the soil and to produce those 25 bushels pouring on the fertilizer without any and 34 percent of the phosphorous loads of corn per acre compared to the 150- care whatsoever about the environ- can be attributed to point source rath- some bushels per acre now that we will ment to produce, produce, produce. But er than agriculture, as far as the hy- have in the United States this year of that does not make you money, and poxia problem in the Gulf of Mexico is corn production. particularly in recent years with the concerned. By 2050, it is estimated that the high increase in the price of phos- In addition, the Environmental Pro- world’s population will exceed 9.3 bil- phorous, potassium, and especially ni- tection Agency estimates that over 2 lion people, compared to 6 billion peo- trogen, this is absolutely the wrong trillion gallons of untreated combined ple now. As the world demand for nu- course to go if you are a farmer who sewer overflow run into our Nation’s trient-rich food and protein continues thinks pouring more fertilizer on is waterways each year, and the Army to grow as both income levels and pop- going to make you more money. Corps of Engineers’ projects dump mil- ulations grow in developing nations,

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9923 America’s farmers are ready to answer biotics—and we have a Danish model In 2008, Americans spent 9.6 percent that call to help feed the increasing here. It doesn’t project very good of their disposable personal income on number of people around the world, healthy animal agriculture or safety food expenditures. This has steadily de- and, most people would tell you today, for the consuming public. If this ban creased since the late 1920s, when near- not by putting more land into produc- had resulted in improvements to public ly 24 percent of our income was spent tion but by getting more from each health—in other words, the ban the Eu- for food intake. Our consumers have acre of land as that productivity and ropean Union put on antibiotics, and demanded an affordable food supply, yield increase very dramatically, as it particularly in Denmark—suffering and our agricultural industry has an- has in the past and will continue to consequences such as piglet mortality swered that call. Other nations with into the future. would make sense. But the science does less developed agricultural industries Mr. Walsh of Time magazine attacks not back up that positive improvement than the United States spend anywhere animal agriculture throughout this ar- in public health has occurred as a re- from 12 percent to 45 percent of their ticle. His theme is that if an animal sult of the Denmark ban. In fact, in income on food. doesn’t roam free on the western prai- 2002 the World Health Organization re- At the same time producers have be- rie and eat grass, it simply couldn’t be leased a study on antimicrobial resist- come more efficient and are providing healthy or safe to eat. Mr. Walsh cites ance and could find no public health U.S. consumers with lower food costs, the Pew Commission on Industrial benefit from the Denmark ban. It is the farm share being retained by the Farm Animal Production in his anal- true that overall use of antibiotics in producer—in other words, the family ysis of why animals treated with anti- Denmark has declined, but there has farmer—has been decreasing. For ex- biotics produce meat unsafe to eat. been a significant increase in the use of ample, in the years 2000 to 2006, the farm value share ranged from 5 to 6 However, the American Veterinary therapeutic antibiotics which are used percent for cereals and bakery products Medical Association responded to the to treat and control diseases. I think compared to what is being paid at the Pew report with a lengthy report of its an interesting statistic is that in 2009 retail level. Costs in packaging, proc- own, which Mr. Walsh conveniently the use of therapeutic antibiotics in essing, and transportation account for fails to mention, perhaps because the Danish pigs is greater than what was most of the cost at the grocery level. used to prevent the disease and to pro- American Veterinary Medicine Asso- Conventional agricultural producers mote growth prior to the ban in 1999. ciation study said: are not getting rich. Instead, they are A scientific human/animal nexus, con- So I think it is very easy to see that if producing the safest, most abundant, necting antimicrobial treatments in animals you look at the science—and Mr. Walsh most reasonably priced food in the with food-borne or environmentally con- conveniently ignores it—the practice tracted human disease, has not been proven. world for our consumers at a time in the United States is superior to the when their share of the food value is Livestock producers take very seri- practice of the ban in Denmark. not increasing. ously their responsibility to provide We had a 2009 Iowa State University Perhaps Mr. Walsh, the Time author, safe and abundant food to the general study estimating that production costs believes we should be spending a higher public. Dairy, poultry, and livestock would rise by $6 per pig in the first percentage of our income on food. How- farmers have made a voluntary com- year of a prohibition if a similar ban ever, because of the financial situation mitment to using antibiotics respon- were imposed in the United States as it our Nation is facing, including families sibly. By developing responsible-use is in Denmark. Over 10 years, the cu- out of work and with lower disposable guidelines, these industries have mulative cost to the U.S. pork industry income, citizens would be outraged if proactively taken steps to safeguard would exceed $1 billion. This would all suddenly their food expenditure sky- both human and animal health, and be on top of the estimated $4.6 billion rocketed. The Economic Research Mr. Walsh makes no mention of that. U.S. pork producers have lost since Service at the U.S. Department of Ag- On issue after issue, I have worked on September 2007 due to a perfect storm riculture reported that total food ex- my main priority: that the policy deci- of events within that industry. penditures for all food consumed in the sions we make must be based on sound The author, Mr. Walsh, also points to United States was $1.165 trillion in 2008, science and not on political ideology. recent recalls in nuts, fruits, and vege- a 3.3-percent increase from the $1.128 We have seen studies that indicate that tables as evidence that conventional trillion in 2007. Prices are naturally the risk of foodborne bacteria on meat agriculture is harmful and unsafe. rising because of the higher cost to do increases when antibiotics that help What Mr. Walsh chooses to ignore is business, including transportation suppress animal disease are removed, that salmonella and e. coli are natu- costs. But do we really think it is fea- actually making our food less safe to rally occurring organisms that, with sible to see these prices go even higher eat. Does Mr. Walsh take that into con- proper handling, processing, and cook- so that the author, Mr. Walsh, can fur- sideration? ing, can be minimized or even elimi- ther promote what I consider a polit- We only have to turn to our neighbor nated. Organic agriculture is not some- ical agenda? Growing all of our food or- across the Atlantic to see how a ban on how exempt from being affected by ganically will take more land, cost antibiotics has played out. The Euro- these bacteria, as Mr. Walsh might more money to produce, drive prices pean Union made a decision to phase want us to believe. up, and ultimately make food even less out the use of antibiotics as growth In fact, one of the main challenges affordable to those in need. promoters over 15 years ago, and in 1998 within our food safety system has been I appreciate the opportunities or- Denmark instituted a full voluntary the perpetual underfunding of the Food ganic agriculture has made possible for ban, which in 2000 became mandatory. and Drug Administration. I hope the farmers in my State of Iowa, and I am After the ban was implemented in 1999, Senate will be able to undertake com- sure other Senators would say the pork producers saw an immediate in- prehensive food safety reform yet this same for their own States. It has truly crease in piglet mortality and post- year and give very serious consider- allowed our smallest farmers to flour- weaning diarrhea. ation and attention to the funding defi- ish and receive a premium for their Dr. Scott Hurd, a former U.S. Depart- ciencies of that agency. crops and livestock. It has also pro- ment of Agriculture Deputy Under Sec- American consumers demand not moted gardens and has helped us teach retary for Food and Safety and pro- only a safe and abundant food supply our children where their food comes fessor at Iowa State University College but also an affordable selection to feed from. of Veterinary Medicine, released a their families nutritious and healthy I agree with the author that the gar- study which shows that when pigs have food. The author fails to recognize that dens of First Lady Michelle Obama and been sick during growth, they have a personal choice is part of that equa- the U.S. Department of Agriculture are greater presence of food-safety patho- tion. Ask any American consumer. bringing more visibility to educating gens on their carcasses when slaugh- While less than 1 percent of agriculture our consumers about where their food tered. is farmed organically, as he points out, comes from. I commend them for high- I want to refer to what went on in a simple economics lesson would tell us lighting the important issues relating Denmark with my third and last that supply and demand are in direct to our health by eating fresh fruits and chart—the effects of banning anti- relationship to one another. vegetables.

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The enemy fighters dis- I have also had the privilege of serv- for the cost effectiveness due to their persed and Lieutenant Parrish and his ing on the Senate Banking Committee tight household budgets. fellow airmen gave chase. Lieutenant with Senator Martinez. As a member of It is time—it is time—for Time mag- Parrish pursued one enemy fighter at this committee, Mel brought a greater azine and Mr. Walsh to start being hon- 4,000 feet and destroyed it. He then understanding and perspective on hous- est with their readers. The next time turned toward another enemy fighter ing issues facing the Nation than many the magazine wants to run a story that flying at tree top level and eventually Senators that have served on this com- clearly reflects the author’s personal was able to force the enemy pilot to mittee. Floridians and all Americans views, it should identify that article as bail out. These pursuits were ex- have benefited from his vast experience such. I expect the next article Time tremely hazardous, and even more so in this area as well as his dedication to publishes on agriculture to be better because Lieutenant Parrish was peril- serve for the greater good. A person of researched and to present a more bal- ously low on fuel. this caliber will truly be missed in the anced view. It is my great pleasure to recognize United States. Mr. President, I yield the floor. Mr. Parrish for the sacrifices and risks I am honored to know him and to f he has made for this country, and I have worked with him. I would like to would like to congratulate him on his TRIBUTE TO DAVID C. PARRISH, thank Senator Martinez for his con- well-deserved induction in the Ken- JR. tributions to the Senate and to the tucky Aviation Hall of Fame. He has country we both love. I wish him and Mr. MCCONNELL. Mr. President. I made Kentucky very proud. his family the best in all of their future would like to recognize a courageous f endeavors. Kentuckian, David C. Parrish, Jr., for his induction into the Kentucky Avia- REMEMBERING SENATOR EDWARD f tion Hall of Fame on October 17, 2009. M. KENNEDY DEPARTMENT OF INTERIOR Sixty-five years ago this past August, Mr. BUNNING. Mr. President, today I APPROPRIATIONS Mr. Parrish undertook brave actions am saddened by the death of my col- during his service as a fighter pilot league from Massachusetts, Senator Mr. COBURN. Mr. President, Senator during World War II. A native of Paris, Edward Kennedy. CARPER successfully offered an amend- KY, Mr. Parrish represented the very Born and raised in Massachusetts, ment to this act that would authorize best in courage, gallantry, and self-sac- Senator Kennedy dedicated his life to the EPA to conduct a study on black rifice in defense of this Nation in the serving his country and the Common- carbon emissions to ‘‘improve global skies west of Paris, France. Like many wealth. He enlisted in the U.S. Army in and domestic public health’’ and ‘‘to of America’s ‘‘greatest generation,’’ 1951, beginning his long career of public mitigate the climate impacts of black Mr. Parrish was willing to disregard service. Elected in 1962, Senator Ken- carbon.’’ his own safety for the safety of his fel- nedy is the third longest serving Sen- A similar bill, S. 849, was also intro- low airmen and the protection of his ator in the history of the Senate. He duced by Senator CARPER and approved country. served the people of Massachusetts well recently by the Senate Committee on Valor and sacrifice are words that de- for 46 years, and I know his family and the Environment and Public Works. scribe the nature of Mr. Parrish, and the people of Massachusetts are proud While I did not object to the purpose patience would also describe his char- to call him one of their own. of the bill, I did object to the bill be- acter. Although he was recommended Senator Kennedy had a long list of cause the cost of the study—$2 million for the Silver Star in August 1944, lost accomplishments to show for the peo- according to the Congressional Budget records and bureaucratic delays meant ple of Massachusetts and the Nation. Office—was not offset. it would take 60 years for Mr. Parrish’s He was a political icon who served with As I wrote in a letter to Minority heroism to be officially recognized. It great distinction and passion for nearly Leader MCCONNELL and Senator CAR- was my deep privilege to work with Mr. a half century in the U.S. Senate, and PER outlining my objections to this Parrish in this effort and to personally whether I agreed with him or not, I al- bill, ‘‘At a time when our national debt present him with his Silver Star in his ways admired the way he fought for is greater than $11.6 trillion, we cannot hometown in 2004. I believe Mr. the issues he believed in. His leadership afford to add to this debt that will be Parrish’s story is a timely reminder of in the Senate will be missed and it has inherited by our children and grand- the sacrifices that so many American truly been an honor serving with him. children. Even our best intentions need men and women have made in the Mr. President, Senator Kennedy will to be paid for with offsets from lower name of freedom. be greatly missed. Mary and I give our priorities or wasteful spending.’’ Mr. President, I would like to share heartfelt condolences to his wife, I also requested the opportunity to with you a retelling of Mr. Parrish’s Vicki, and the entire Kennedy family. modify this legislation if no offsets actions in defense of this Nation that f were made. earned him the Silver Star and his in- I intended to offer a second-degree duction into the Kentucky Aviation COMMENDING SENATOR MELQUIA- amendment to offset the expected cost Hall of Fame. On August 8, 1944, 1LT DES RAFAEL ‘‘MEL’’ MARTINEZ increase in spending as a result of the David C. Parrish, Jr., was flying in the Mr. BUNNING. Mr. President, today I Carper amendment by capping the area of Mortain, France. His flight was pay tribute to my distinguished col- amount of funds EPA can spend on con- part of an eight-plane squadron that league from Florida, Mel Martinez, ference travel. According to EPA, became separated from the lead flight who retired from the Senate earlier $17.296 million was spent on conference while on patrol. Lieutenant Parrish this month. travel in 2006—the last year for which and three others were on their way I have worked with Senator Martinez we have records. This amendment home when the controller reported 100 since he was elected to serve the people would have capped conference travel enemy fighters flying above him and of Florida in 2004. He has served his spending at $15 million, thus assuring toward American bombers. His country proudly in several different that the full cost of the study will be wingman had to fly home because he roles. Senator Martinez also had the offset. was low on fuel. Lieutenant Parrish distinct honor to serve as the Sec- In the past couple of years, as Ameri- and the remaining two fighters climbed retary of Housing and Urban Develop- cans were tightening their belts and toward the enemy planes. ment in President George W. Bush’s travelling less, EPA was growing its Lieutenant Parrish was also low on Cabinet and as the chairman of the Re- conference budget and travelling more. gas and would have normally returned publican National Committee. In both This is reflected in its annual costs for

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Josie worked tire- to Federal agencies to determine to play. lessly to support her six kids—Ricardo, what conferences agency employees EPA spent $355,000 in grants and con- Patricia, Lou, Carlos, Terry, and Shei- should go and how many employees tracts and $167,000 in travel costs for la so that they could have the future should go. Some conferences provide the Community Involvement Con- they deserved. valuable educational or agency-related ference in Milwaukee. I join Coloradans and Americans information in a format unavailable in In February of 2007, EPA spent across the country in grieving the loss a normal office setting. Many con- $150,000 to sponsor the ‘‘Measuring Pro- of this civil rights champion. Josie’s ferences, by the sponsors’ design, are gram Results’’ Conference, to which it legacy will continue to inspire Ameri- held in locations chosen to attract sent one EPA employee and paid for cans for generations to come. attendees. the attendance of four nonemployees. My thoughts and prayers are with ∑ That being said, it is the responsi- Instead of specifically capping the her family. bility of the U.S. Congress and the amount EPA could spend on conference f managers within Federal agencies to travel, Senator CARPER has graciously RECOGNIZING FIFTY YEARS OF exercise due diligence in performing modified his amendment to transfer $2 ICBMS oversight over an area of Federal million from the EPA’s Environmental ∑ Mr. CONRAD. Mr. President, I wish spending that has cost taxpayers over Programs and Management account to today as cochair of the Senate ICBM $2 billion on conferences from 2000–2006. fund this study of black carbon emis- coalition along with my friend from This spending has increased over 95 sions. This EPA account ‘‘provides per- Wyoming to recognize and pay tribute percent, from over $200 million a year sonnel compensation, benefits, and to 20th Air Force as the Air Force cele- in fiscal year 2000 to almost $400 mil- travel and other administrative ex- brates the 50th anniversary of the first lion a year in fiscal year 2006. In addi- penses for all agency programs.’’ nuclear-tipped ICBM on alert, and to tion to the financial cost of these trips, It is my hope that this transfer in honor the heritage and accomplish- oversight hearings I held as the chair funds will help EPA better manage the ments of the ICBM mission and peo- of the Federal Financial Management funds it is entrusted with by Congress ple—past and present—who acquire, de- Subcommittee highlighted the lost and limit questionable expenditures velop, operate, maintain, and secure productivity of government employees and unnecessary conference travel and this combat capability for our Nation. when they are out of the office on non- related expenses. In July 1954, the Air Force estab- essential travel. I am pleased that the Senate has lished the Western Development Divi- The EPA is just one among many agreed to this offset and hope that Con- sion in response to the growing Soviet Federal agencies that I believe has gress can begin to prioritize funds for missile threat. It developed the first- overspent on nonessential conferences its priorities with real offsets. generation ICBMs—the Titan that is and travel. In my research I found nu- f housed in underground silos as well as merous instances where EPA showed ADDITIONAL STATEMENTS the above-ground Atlas. questionable judgment in this regard. In October 1959, the first alert of a In September 2006, EPA sent 23 em- nuclear warhead-equipped Atlas D oc- ployees to Paris, France, for the Inter- REMEMBERING JOSEPHINE PEREZ curred at Vandenberg Air Force Base, national Society of Exposure Analysis CA. Immediately thereafter, the Air ∑ Meeting, at a cost of $56,000. This con- Mr. BENNET. Mr. President, on Au- Force started working on a solid- ference featured a gala dinner cruise on gust 28, 2009, Colorado and the Nation fueled, second-generation ICBM called the River Seine and a cast of pre- lost a champion for justice and equal- the Minuteman. Ten Minuteman I senters that consisted primarily of ity, Josephine Marie Varela-Perez. ICBMs were already on alert at Americans. Josie, as she was known by all, sur- Malmstrom Air Force Base, MT, by the The agency’s employees attended an mounted the daunting challenges life Cuban Missile Crisis in October 1962. annual National Beaches Conference in brought her to become an exemplary Just three years later, the first-genera- Niagara Falls, NY. The 2006 conference voice for minority students in Denver. tion ICBMs were replaced with the was attended by at least seven EPA Her courage and conviction created a larger and more accurate Minuteman employees, at a cost to taxpayers of better future not only for Denver stu- II. $52,500. dents but for countless kids across the By January 1970, the Air Force had One EPA employee attended a De- country. deployed the Minuteman III. Through- cember 2006 GSA Small Business Con- Josie’s humble beginnings never held out the 1970s, in response to the Soviet ference in Palm Springs, CA, at a cost her back from achieving her dreams. Union’s buildup of multiwarhead of $4,100, with his or her travel costs When faced with adversity, she over- ICBMs, the Air Force started work on alone listed at $1,800. came. the Peacekeeper. In 1987, 50 Peace- A Cancun, Mexico, meeting attended School year after school year, Josie keepers were deployed in existing Min- by two EPA employees cost $4,200, with would show up on the first day to be uteman III silos at F.E. Warren Air travel costs listed at $2,900. counted among her classmates and Force Base, WY. At the height of the A March 2007 Waste-to-Energy Con- then return to working in the beet Cold War, the Air Force maintained an ference in San Juan, Puerto Rico cost fields, never attending class past the ICBM fleet of more than 1,200 missiles taxpayers $48,000 for nine EPA employ- fourth grade. But Josie—a strong be- on alert as a counterforce to the ap- ees and two taxpayer-funded non- liever that education was the key to proximately 1,400 Soviet ICBMs poised employees to attend. success and should be available to all against the United States. A 2006 ‘‘Beyond Translation Forum’’ children no matter their race or Currently, the Air Force maintains a sponsored by the EPA in Texas to ‘‘en- creed—taught herself English and fleet of 450 on-alert Minuteman III gage the Hispanic community in be- Spanish and earned her GED. ICBMs, spanning the missile fields in coming environmental stewards’’ costs Josie’s commitment to education and Colorado, Montana, Nebraska, North $52,100 for the attendance of 20 EPA minority rights thrust her into the Dakota, and Wyoming. In August 2009, employees and 85 taxpayer-funded non- center of the civil rights movement as the Air Force activated a new major employees. a party to the landmark desegregation command—Air Force Global Strike Over 2 years, EPA also spent $2.6 mil- case, Keyes, et al v. School District No. Command—committed solely to the lion in grants and contracts and over 1, Denver, Colorado. She also marched nuclear deterrence mission. This De- $300,000 in travel and related expenses with Cesar Chavez and the United cember, 20th Air Force and the ICBM

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In 1929, at the age of Hemingway’s Fox or Two Hearted Riv- Mr. President, the American people 16, he joined the Oblates of St. Francis ers for brook trout and ruffed grouse, are fortunate to have the dedicated de Sales. After studying in France and or making the annual trip to deer camp Airmen of 20th Air Force operate, Switzerland, he returned to Italy from with friends and family, Michigan’s maintain, and secure America’s only September 1939 to March 1946. proud heritage comes with a sense of land-based strategic deterrent 24 hours During World War II, Father profound responsibility to protect that a day, 7 days a week, 365 days a year. Balducelli helped save Italian Jews legacy for future generations. I know my colleagues will join me in from persecution. The young priest re- We have made some important congratulating the Air Force on 50 covered the bodies of civilians killed in progress. I have been pleased to spear- years of the highest commitment in bombing raids, was injured in one of head a number of efforts including Fed- carrying out the ICBM mission.∑ these attacks, and sheltered refugees eral funding to stop the invasive cor- morant from destroying our fisheries. f from Nazi persecution. After receiving a passport to come to This project has already shown conclu- ABERDEEN MONUMENT TO the United States, Father Balducelli sive results in bringing back once-deci- FIREFIGHTERS crossed the Atlantic Ocean over the mated fishing areas. Through my work ∑ Mr. JOHNSON. Mr. President, I rise course of 29 days and arrived in New on the Senate Agriculture Committee, today to honor a special unveiling of York on April 10, 1946. The young ob- we have invested over $4 billion in new the Aberdeen Monument to Fire- late arrived at St. Anthony’s of Padua conservation efforts that will protect fighters on October 15, 2009. The hand- Church in Wilmington soon after and wildlife habitats and increase access some bronze, carefully crafted by Aber- became the church’s first Italian for hunters and anglers across the deen sculptor Benjamin Victor, is a priest. In 1959, he became pastor of St. country. Most recently, the Senate tribute to the firefighters who put Anthony’s. passed $400 million in funding for the their lives on the line and heroically As a first-rate mason and a licensed Great Lakes Restoration Initiative to serve with courage, pride and honor. contractor in the State of Delaware, clean up the Great Lakes. While we have made progress, there Fully aware that firefighting is inher- Father Balducelli oversaw and helped is more work to be done. I will con- ently dangerous work, these men and undertake the renovation of an old tinue to work for passage of the Na- women work day and night to save public school to meet young Catholic tional Fish Habitat Conservation Act lives, save property and protect the en- students’ educational needs, and he and the Clean Water Restoration Act, vironment. helped establish a new school, called which will help preserve Michigan’s Benjamin Victor has crafted a spec- Padua Academy, for girls, as well. 36,000 miles of rivers and streams, in- tacular sculpture to commemorate His love of welding helped to build cluding over 1,000 miles of blue-ribbon these heroes. It portrays his passion for St. Anthony in the Hills in the 1960s, a trout streams. I will also continue to expression and detail and his natural popular summer retreat and sanctuary work to ensure access to public lands ability to create unique and inspiring for children and their families near and waterways. works of art. Ben, at 26 years old, is the Hockessin, DE. On his watch, the par- Working together, we can preserve youngest artist ever to have a sculp- ish opened a senior and day care center our natural resources so others can ture in the National Statuary Hall in and expanded the regionally prominent enjoy our rich hunting and fishing her- the U.S. Capitol. Art critics and orga- Italian Festival in Delaware. He retired itage for generations to come.∑ nizations throughout the country rec- as the church’s pastor in 1988. ognize the aesthetic and conceptual in- I am privileged to have known Fa- f tegrity of Ben’s work. Early on, Aber- ther Balducelli for many years. I look TRIBUTE TO DR. CAROLYN PORCO deen saw his talent and its citizens are forward to breaking bread with him at ∑ Mr. UDALL of Colorado. Mr. Presi- very grateful that he continues to the Columbus Communion Breakfast in dent, today I praise Dr. Carolyn Porco, share his talents with their commu- Wilmington’s Little Italy on the day of a professor at the University of Colo- nity. his special recognition. rado, senior researcher at the Space I also want to commend the Aberdeen I hope my colleagues will join me in Science Institute in Boulder, CO, and community for their efforts to make celebrating Father Balducelli’s signifi- leader of the imaging team for the this unveiling possible. Using no tax cant accomplishments, which he Cassini mission. In this last role, she dollars, the entire funding for this achieved over the course of a lifetime has a front row seat on some of the project came from businesses, service dedicated to our community. Wil- most exciting scientific discoveries of clubs, schools, fraternal organizations mington and our Italian-American today coming from the Cassini space- and individuals in the community who community could not have woven such craft, which for 5 years has been orbit- saw the significance of this monument. a fabric of family and strength if it ing and studying Saturn and its Moons. This contribution by the Aberdeen were not for the commitment and fore- I have submitted for the RECORD an ar- community and Benjamin Victor will sight of Father Roberto Balducelli.∑ ticle about Dr. Porco from the Sep- commemorate the important role of f tember 21, 2009, edition of the New our firefighters for generations to York Times. come.∑ NATIONAL HUNTING AND FISHING In Colorado, we are extremely proud DAY f of our science and technology enter- ∑ Ms. STABENOW. Mr. President, I am prise. We have 16 Federal laboratories, TRIBUTE TO FATHER ROBERTO here today in recognition of National top-flight research universities and a BALDUCELLI Hunting and Fishing Day, which was vibrant private sector pushing the lim- ∑ Mr. KAUFMAN. Mr. President, today recognized on September 26. Hunters its on everything from biomedical re- I recognize the extraordinary contribu- and anglers contribute significantly to search to space exploration. But even tions of a patriarch of the Italian- our Nation’s economy. More than 1 in this crowded field, Dr. Porco stands American community in my home million hunters and anglers add over $3 out as an exemplary Colorado scientist. State of Delaware, Father Roberto billion each year into Michigan’s econ- She has repeatedly been recognized as Balducelli. On Columbus Day, Father omy alone. one of the top scientific leaders to Balducelli will be honored by the Co- From the very beginning, hunting watch this century both for her sci- lumbus Communion Breakfast Com- and fishing have been at the center of entific accomplishments and her lead- mittee with its Outstanding Achieve- Michigan’s history and culture. Our ership within the scientific commu- ment Award. two great peninsulas, surrounded by nity. As the Times article shows, she

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9927 has come a long way from her humble of the exuberance of that era when President defended her once when her Voyager col- Bronx upbringing. John F. Kennedy ‘‘said that the sky isn’t leagues teased her about not being married. Thinking about Dr. Porco, I am re- even the limit,’’ as she puts it, and ‘‘things Dr. Porco was subsequently hired as a con- sultant for the movie ‘‘Contact,’’ based on minded that great scientists are not were unleashed.’’ Her entries on the Cassini imaging Web Sagan’s novel about a feisty astronomer, born. They are made. They are made site echo the spirit of the character Capt. Ellie Arroway, who discovers a signal from through the hard work and determina- James T. Kirk on ‘‘Star Trek’’: extraterrestrials. Although plans fell through for Dr. Porco tion of the young boy who rejects the CAPTAIN’S LOG—MARCH 23, 2009 stigma that somehow being smart is to meet Jodie Foster, the actress who played We are almost there. Saturn and we, its Arroway, she did attend a workshop on the not cool and the young girl who refuses companions, have journeyed together now to take a back seat to any boy. They script, where she took strong exception to an for nearly five years, in a circumnavigation idea that the character would sleep with her are made through the guidance and of the outer solar system. adviser. ‘‘She’s a let-it-ripper, isn’t she?’’ re- support of countless teachers and men- Stanley Kubrick’s film ‘‘2001: A Space Od- called the movie’s producer, Lynda Obst. tors who receive far too little credit for yssey’’ is still her favorite movie, and she ‘‘She let it rip.’’ the service they give to this country. still loves the Beatles. On a visit to England Voyager, Dr. Porco said, was the time of And perhaps most importantly for this in 2001, she and her imaging colleagues recre- her life. ‘‘It had all the elements of Homeric ated the album cover picture of the Beatles body, they are made through the in- legend,’’ she said. ‘‘It was a long 12-year od- crossing Abbey Road, with Dr. Porco leading, yssey, punctuated by brief episodes of great vestments we make in research, devel- dressed in white like John Lennon. discovery and conquest. And then it was opment and education. If we want the Dr. Porco was born and raised in a Bronx back in the boat, oars in the water, until Carolyn Porcos of the future to be here family with four brothers she partly credits years later we reached our next port of call. in the United States—and believe me, for her subsequent success in astronomy. It was a defining experience for many of us, we do—we must invest now in our re- ‘‘I’m used to fighting and arguing with and certainly for me.’’ search agencies, and we must have males,’’ she said. The chance to channel Dr. Porco’s inner well-paid, high-quality teachers in the Her father, an Italian immigrant, drove a Captain Kirk continued with the $3.4 billion bread truck, and her mother kept house. Dr. Cassini mission, which was launched on a classroom. Porco attended Cardinal Spellman High roundabout course toward Saturn in 1997 and Dr. Porco is a stellar example of School, the same school that Justice Sonia arrived in 2004. Being on the imaging team is what we can accomplish as individuals Sotomayor of the Supreme Court attended. like standing on the bridge of the spaceship, and as a nation with focus and a little She was a studious child and a spiritual she said. ‘‘We have the windows,’’ she said. bit of tenacity. I congratulate her on seeker—‘‘13 going on 80’’—who lived a lot in ‘‘That’s what we’re responsible for.’’ her accomplishments and well-deserved her head. Later, as a student at the State Dr. Porco was chosen over more senior as- University of New York at Stony Brook, she tronomers to head the Cassini camera team recognition. I, for one, will be fol- in 1990, one of 12 team leaders for the space- lowing her progress and expecting said she spent two years as a chanting Bud- dhist and even went on a two-week pilgrim- craft. The job swallowed her life, she said, many more great things from her in age to Japan, where she was the majorette in and required her hard-won toughness. ‘‘Our the future. a Buddhist marching band, wearing hot experiment has been spectacularly success- I ask that the New York Times arti- pants. ‘‘Now, THOSE were the days,’’ she ful,’’ she said, ‘‘and that would never have cle to which I referred be printed in the wrote in an e-mail message. happened if I let people roll over me.’’ But Dr. Porco said it had all been worth- RECORD. By then, Dr. Porco was pursuing the future The information follows. she had glimpsed at age 13 when she saw Sat- while. ‘‘Between my participation in Voy- urn through a neighbor’s rooftop telescope. ager and my role in Cassini,’’ she said, AN ODYSSEY FROM THE BRONX TO SATURN’S As a graduate student at the California In- ‘‘when comes the time, I will die a happy and RINGS stitute of Technolgy, she floundered at first gratified woman.’’ (By Dennis Overbye) but then got a job helping to analyze data One of the most thrilling Cassini moments It is twilight time on Saturn. from the two Voyager spacecrafts, which was in 2004 when the Huygens probe detached Shadows lengthened to stretch thousands toured the outer planets from Jupiter to from Cassini and landed on Saturn’s largest of miles across the planet’s famous rings this Neptune from 1978 to 1989. moon, Titan, a strange, frigid world where summer as they slowly tilted edge-on to the It was there, said Peter Goldreich, her the- rocks are made of ice, and rivers and oceans Sun, which they do every 15 years, casting sis advisor, that she demonstrated a knack are formed of what Dr. Porco has described into sharp relief every bump and wiggle and for picking out important things. Among as ‘‘paint thinner.’’ Last month, astronomers announced that warp in the buttery and wafer-thin bands them was a discovery that mysterious dark they had detected methane storms on Titan, that are the solar system’s most popular sce- spokes in Saturn’s ring system were con- a cloudy moon that has an atmosphere dens- nic attraction. nected to the planet’s magnetic field. She From her metaphorical perch on the bridge er than that of Earth. did her thesis on aspects of the rings and how They also discovered plumes erupting from of the Cassini spacecraft, which has been or- they were shaped by the gravity of tiny the south pole of another Saturn moon, biting Saturn for five years, Carolyn Porco, moonlets. Enceladus, suggesting the presence of under- who heads the camera team, is ecstatic Dr. Porco also did a lot of dancing, and ground water and prompting talk about a fu- about the view. ‘‘It’s another one of those played a guitar and sang in the Titan Equa- ture mission to cruise through the plumes. things that make you pinch yourself and torial Band, a pickup group of scientists and ‘‘Should we ever discover that life has arisen say, ‘Boy am I lucky to be around now,’ ’’ Dr. science writers named after a feature on Sat- twice,’’ Dr. Porco said, ‘‘that would be a Porco said. ‘‘For the first time in 400 years, urn’s largest moon, and later for a group in game-changer.’’ we’re seeing Saturn’s rings in three dimen- Tucson called the Estrogens. ‘‘Three women The Titan landing, Dr. Porco said in a talk sions.’’ and one very brave guy,’’ she said. in 2007, should have been celebrated with pa- On Monday, Dr. Porco and the Cassini By the time Voyager passed Neptune in rades in every major city. team released a grand view of the rings in all 1989, Dr. Porco was a research associate at That talk led to another movie adventure. their shadowed glory, including clumps, the University of Arizona and leading a J. J. Abrams, the producer of the television spikes, undulations and waves two and a half small team trying to make sense of the thin series ‘‘Lost,’’ was listening and asked Dr. miles high on the edge of one ring. rings around Neptune. Porco to consult on his ‘‘Star Trek’’ movie. ‘‘We always knew it would be good; in- ‘‘She was one of the young rock stars of On a visit to the set, she suggested that a stead, it’s been extraordinary,’’ Dr. Porco Voyager,’’ said David Grinspoon, of the scene in which the Starship Enterprise mate- said of the cascade of results that have Southwest Research Institute in Boulder, rialized inside clouds be set on Titan. The placed her in a spotlight to which she has be- who was a graduate student at Arizona at scene made it onto the cover of Cinefex, a come increasingly accustomed. ‘‘I feel I’m on the time. magazine about special effects in films. a great human adventure,’’ she said. But it had not been an easy climb in the In an interview, Mr. Abrams said: ‘‘She The work may be carried out by robots, Dr. overwhelmingly male and competitive envi- helped us feel connected to what Gene Porco said, ‘‘but we are all explorers.’’ ronment of space science. Dr. Porco once de- Roddenberry had been trying to do. This is ‘‘It’s thrilling,’’ she added, ‘‘and I want ev- scribed scientists as ‘‘schoolyard toughs.’’ our future,’’ referring the creator of ‘‘Star eryone to know how thrilling it is.’’ She recalled pumping herself up to be an Trek.’’ Dr. Porco, 56, a senior researcher at the ‘‘alpha male’’ before meetings of her ring Cassini endures, and Dr. Porco is a member Space Science Institute in Boulder, Colo., team. of the team for the New Horizons spacecraft, may be the leader of the camera team on the Even as a graduate student, Dr. Goldreich which is scheduled to arrive at Pluto in 2015. $3.4 billion Cassini mission, an adjunct pro- recalled, Dr. Porco ‘‘was making a deliberate But she said she hoped to spend more of her fessor at the University of Colorado and one effort to become tough, and she succeeded.’’ time popularizing science and hopes to write of Wired magazine’s 15 people who should be Dr. Porco found an ally and friend in Carl a book about Cassini. advising the president. But she is also a Sagan, the Cornell astronomer, author and a ‘‘To my mind,’’ Dr. Porco said, ‘‘most peo- proud child of the 1964os who has never let go charter member of the Voyager team, who ple go through life recoiling from its best

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9928 CONGRESSIONAL RECORD — SENATE September 29, 2009 parts. They miss the enrichment that just a ‘‘Safety Zone; Munitions and Explosives of EC–3162. A communication from the Attor- basic knowledge of the physical world can Concern (MEC); Seal Island, Maine’’ ney, U.S. Coast Guard, Department of Home- bring to the most ordinary experiences. It’s ((RIN1625–AA00) (Docket No. USG–2009–0595)) land Security, transmitting, pursuant to like there’s a pulsating, hidden world, gov- received in the Office of the President of the law, the report of a rule entitled ‘‘Safety erned by ancient laws and principles, under- Senate on September 21, 2009; to the Com- Zone; BWRC ’300’ Enduro, Lake Moolvalya, lying everything around us—from the move- mittee on Commerce, Science, and Transpor- Parker, Arizona’’ ((RIN1625–AA00) (Docket ments of electrical charges to the motions of tation. No. USG–2008–1180)) received in the Office of the planets—and most people are completely EC–3154. A communication from the Attor- the President of the Senate on September 21, unaware of it. ney Advisor, U.S. Coast Guard, Department 2009; to the Committee on Commerce, ‘‘To me, that’s a shame.’’∑ of Homeland Security, transmitting, pursu- Science, and Transportation. ant to law, the report of a rule entitled EC–3163. A communication from the Attor- f ‘‘Safety Zone; Paddle for Clean Water; San ney Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- MESSAGES FROM THE PRESIDENT Diego; California’’ ((RIN1625–AA00) (Docket No. USG–2009–0383)) received in the Office of ant to law, the report of a rule entitled ‘‘Spe- Messages from the President of the the President of the Senate on September 21, cial Local Regulation for Marine Events; United States were communicated to 2009; to the Committee on Commerce, Choptank River, Cambridge, Maryland’’ the Senate by Mrs. Neiman, one of his Science, and Transportation. ((RIN1625–AA08) (Docket No. USG–2009–0749)) received in the Office of the President of the secretaries. EC–3155. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department Senate on September 21, 2009; to the Com- f of Homeland Security, transmitting, pursu- mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled tation. EXECUTIVE MESSAGES REFERRED EC–3164. A communication from the Attor- ‘‘Safety Zone; F/V Patriot, Massachusetts ney Advisor, U.S. Coast Guard, Department As in executive session the Presiding Bay, Massachusetts’’ ((RIN1625–AA00) (Dock- of Homeland Security, transmitting, pursu- et No. USG–2009–0707)) received in the Office Officer laid before the Senate messages ant to law, the report of a rule entitled ‘‘Spe- from the President of the United of the President of the Senate on September cial Local Regulations for Marine Events; States submitting sundry nominations 21, 2009; to the Committee on Commerce, Patapsco River, Northwest Harbor, Balti- and two withdrawals which were re- Science, and Transportation. more, Maryland’’ ((RIN1625–AA08) (Docket EC–3156. A communication from the Attor- ferred to the appropriate committees. No. USG–2009–0251)) received in the Office of ney, U.S. Coast Guard, Department of Home- the President of the Senate on September 21, (The nominations received today are land Security, transmitting, pursuant to printed at the end of the Senate pro- 2009; to the Committee on Commerce, law, the report of a rule entitled ‘‘Safety Science, and Transportation. ceedings.) Zone; Festivus, Lower Colorado River, Bull- EC–3165. A communication from the Attor- head City, Arizona’’ ((RIN1625–AA00) (Docket f ney Advisor, U.S. Coast Guard, Department No. USG–2009–0454)) received in the Office of of Homeland Security, transmitting, pursu- MESSAGES FROM THE HOUSE the President of the Senate on September 21, ant to law, the report of a rule entitled 2009; to the Committee on Commerce, ‘‘Drawbridge Operation Regulation; Sabine ENROLLED BILL SIGNED Science, and Transportation. River, Echo, Texas’’ ((RIN1625–AA09) (Docket At 2:15 p.m., a message from the EC–3157. A communication from the Attor- No. USG–2009–0101)) received in the Office of House of Representatives, delivered by ney, U.S. Coast Guard, Department of Home- the President of the Senate on September 21, Ms. Niland, one of its reading clerks, land Security, transmitting, pursuant to 2009; to the Committee on Commerce, announced that the Speaker has signed law, the report of a rule entitled ‘‘Safety Science, and Transportation. Zone; Hornblower Cruises Fleet Week Fire- the following enrolled bill: EC–3166. A communication from the Attor- works Display, San Francisco Bay, Cali- ney Advisor, U.S. Coast Guard, Department H.R. 3607. An act to amend the Internal fornia’’ ((RIN1625–AA00) (Docket No. USG– of Homeland Security, transmitting, pursu- Revenue Code of 1986 to extend the funding 2009–0631)) received in the Office of the Presi- ant to law, the report of a rule entitled ‘‘Def- and expenditure authority of the Airport and dent of the Senate on September 21, 2009; to inition of Marine Debris for Purposes of the Airway Trust Fund, to amend title 49, United the Committee on Commerce, Science, and Marine Debris Research, Prevention, and Re- States Code, to extend authorizations for the Transportation. duction Act’’ ((RIN0648–AV68; RIN1625–AB24) airport improvement program, and for other EC–3158. A communication from the Attor- (Docket No. USG–2007–0164)) received in the purposes. ney, U.S. Coast Guard, Department of Home- Office of the President of the Senate on Sep- land Security, transmitting, pursuant to tember 21, 2009; to the Committee on Com- At 4:23 p.m., a message from the law, the report of a rule entitled ‘‘Safety merce, Science, and Transportation. House of Representatives, delivered by Zone; Neptune Deep Water Port, Atlantic EC–3167. A communication from the Attor- Mrs. Cole, one of its reading clerks, an- Ocean, Boston, Massachusetts’’ ((RIN1625– ney Advisor, U.S. Coast Guard, Department AA00) (Docket No. USG–2009–0644)) received of Homeland Security, transmitting, pursu- nounced that the House agreed to the ant to law, the report of a rule entitled ‘‘An- amendment of the Senate to the bill in the Office of the President of the Senate on September 21, 2009; to the Committee on chorage Regulations; Port of New York and (H.R. 3614) to provide for an additional Commerce, Science, and Transportation. Vicinity’’ ((RIN1625–AA01) (Docket No. USG– temporary extension of programs under EC–3159. A communication from the Attor- 2008–0047)) received in the Office of the Presi- the Small Business Act and the Small ney, U.S. Coast Guard, Department of Home- dent of the Senate on September 21, 2009; to Business Investment Act of 1958, and land Security, transmitting, pursuant to the Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Safety Transportation. for other purposes. EC–3168. A communication from the Attor- Zone; Missouri River, Mile 366.3 to 369.8’’ ENROLLED BILL SIGNED ney Advisor, U.S. Coast Guard, Department ((RIN1625–AA00) (Docket No. USG–2009–0594)) of Homeland Security, transmitting, pursu- At 6:11 p.m., a message from the received in the Office of the President of the ant to law, the report of a rule entitled House of Representatives, delivered by Senate on September 21, 2009; to the Com- Mrs. Cole, one of its reading clerks, an- ‘‘Shipping; Transportation; Technical, Orga- mittee on Commerce, Science, and Transpor- nizational, and Conforming Amendments’’ nounced that the Speaker has signed tation. ((RIN1625–ZA24) (Docket No. USG–2009–0702)) EC–3160. A communication from the Attor- the following enrolled bill: received in the Office of the President of the ney, U.S. Coast Guard, Department of Home- H.R. 3614. An act to provide for an addi- Senate on September 21, 2009; to the Com- land Security, transmitting, pursuant to tional temporary extension of programs mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Safety under the Small Business Act and the Small tation. Zone; Upper Mississippi River, Mile 427.2 to Business Investment Act of 1958, and for EC–3169. A communication from the Pro- 427.6, Keithsburg, Illinois’’ ((RIN1625–AA00) other purposes. gram Analyst, Federal Aviation Administra- (Docket No. USG–2009–0646)) received in the tion, Department of Transportation, trans- f Office of the President of the Senate on Sep- mitting, pursuant to law, the report of a rule tember 21, 2009; to the Committee on Com- EXECUTIVE AND OTHER entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. McCauley Propeller Systems Propeller Mod- COMMUNICATIONS EC–3161. A communication from the Attor- els B5JFR36C1101/114GCA–0, C5JFR36C1102/ The following communications were ney, U.S. Coast Guard, Department of Home- L114GCA–0, B5JFR36C1103/114HCA–0, and laid before the Senate, together with land Security, transmitting, pursuant to C5JFR36C1104/L114HCA–0’’ ((RIN2120–AA64) law, the report of a rule entitled ‘‘Safety accompanying papers, reports, and doc- (9–17/9–22/25173/NM–24)) received in the Office Zone; Sea World Labor Day Fireworks, Mis- of the President of the Senate on September uments, and were referred as indicated: sion Bay, California’’ ((RIN1625–AA00) (Dock- 24, 2009; to the Committee on Commerce, EC–3153. A communication from the Attor- et No. USG–2009–0269)) received in the Office Science, and Transportation. ney Advisor, U.S. Coast Guard, Department of the President of the Senate on September EC–3170. A communication from the Chief of Homeland Security, transmitting, pursu- 21, 2009; to the Committee on Commerce, of Staff, Media Bureau, Federal Communica- ant to law, the report of a rule entitled Science, and Transportation. tions Commission, transmitting, pursuant to

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9929 law, the report of a rule entitled ‘‘Television Sclerocactus wetlandicus (Uinta Basin EC–3186. A communication from the Direc- Broadcasting Services; Fort Worth, Texas’’ Hookless Cactus)’’ (RIN1018–AV51) received tor of the Regulatory Management Division, (MB Docket No. 09–132) received in the Office in the Office of the President of the Senate Office of Policy, Economics, and Innovation, of the President of the Senate on September on September 24, 2009; to the Committee on Environmental Protection Agency, transmit- 24, 2009; to the Committee on Commerce, Environment and Public Works. ting, pursuant to law, the report of a rule en- Science, and Transportation. EC–3179. A communication from the Wild- titled ‘‘Approval and Promulgation of Air EC–3171. A communication from the Chief life Biologist, Fish and Wildlife Service, De- Quality Implementation Plans; Mohegan of Staff, Media Bureau, Federal Communica- partment of the Interior, transmitting, pur- Tribe of Indians of Connecticut’’ (FRL No. tions Commission, transmitting, pursuant to suant to law, the report of a rule entitled 8949–8) received in the Office of the President law, the report of a rule entitled ‘‘Television ‘‘Migratory Bird Hunting: Late Seasons and of the Senate on September 24, 2009; to the Broadcasting Services; Chicago, Illinois’’ Bag and Possession Limits for Certain Mi- Committee on Environment and Public (MB Docket No. 09–146) received in the Office gratory Game Birds’’ ((RIN1018–AV31) (50 Works. CFR Part 20)) received in the Office of the of the President of the Senate on September EC–3187. A communication from the Direc- President of the Senate on September 24, 24, 2009; to the Committee on Commerce, tor of the Regulatory Management Division, 2009; to the Committee on Environment and Science, and Transportation. Office of Policy, Economics, and Innovation, EC–3172. A communication from the Chief Public Works. EC–3180. A communication from the Wild- Environmental Protection Agency, transmit- of the Planning and Regulatory Affairs ting, pursuant to law, the report of a rule en- Branch, Supplemental Foods Programs Divi- life Biologist, Fish and Wildlife Service, De- partment of the Interior, transmitting, pur- titled ‘‘Approval and Promulgation of Air sion, Department of Agriculture, transmit- Quality Implementation Plans; Common- ting, pursuant to law, the report of a rule en- suant to law, the report of a rule entitled ‘‘Migratory Bird Hunting: Migratory Bird wealth of Pennsylvania; Determination of titled ‘‘WIC Farmers’ Market Nutrition Pro- Clean Data for the 1997 Fine Particulate gram (FMNP): Nondiscretionary Provisions Hunting Regulations on Certain Federal In- dian Reservations and Ceded Lands for the Matter Standard’’ (FRL No. 8962–4) received of Public Law 108–265, the Child Nutrition in the Office of the President of the Senate and WIC Reauthorization Act of 2004’’ 2009–10 Early Season’’ ((RIN1018–AW31) (50 CFR Part 20)) received in the Office of the on September 24, 2009; to the Committee on (RIN0584–AD74) received in the Office of the Environment and Public Works. President of the Senate on September 24, President of the Senate on September 24, 2009; to the Committee on Agriculture, Nu- 2009; to the Committee on Environment and EC–3188. A communication from the Direc- trition, and Forestry. Public Works. tor of the Regulatory Management Division, EC–3173. A communication from the Con- EC–3181. A communication from the Wild- Office of Policy, Economics, and Innovation, gressional Review Coordinator, Animal and life Biologist, Fish and Wildlife Service, De- Environmental Protection Agency, transmit- Plant Health Inspection Service, Department partment of the Interior, transmitting, pur- ting, pursuant to law, the report of a rule en- of Agriculture, transmitting, pursuant to suant to law, the report of a rule entitled titled ‘‘Approval and Promulgation of Air law, the report of a rule entitled ‘‘Tuber- ‘‘Migratory Bird Hunting: Early Seasons and Quality Implementation Plans; Ohio; Clean culosis in Cattle and Bison; State and Zone Bag and Possession Limits for Certain Mi- Air Interstate Rule’’ (FRL No. 8950–9) re- Designations; New Mexico’’ (Docket No. gratory Game Birds in the Contiguous ceived in the Office of the President of the APHIS–2008–0124) received in the Office of the United States, Alaska, Hawaii, Puerto Rico, Senate on September 24, 2009; to the Com- and the Virgin Islands’’ ((RIN1018–AW31) (50 President of the Senate on September 23, mittee on Environment and Public Works. CFR Part 20)) received in the Office of the 2009; to the Committee on Agriculture, Nu- EC–3189. A communication from the Dep- President of the Senate on September 24, trition and Forestry. uty Assistant Secretary, Fish and Wildlife EC–3174. A communication from the Acting 2009; to the Committee on Environment and Service, Department of the Interior, trans- General Counsel of the Department of De- Public Works. mitting, pursuant to law, the report of a rule EC–3182. A communication from the Wild- fense, transmitting legislative proposals rel- entitled ‘‘Eagle Permits Take; Necessary to life Biologist, Fish and Wildlife Service, De- ative to revisions to policy on development Protect Interests in Particular Localities’’ partment of the Interior, transmitting, pur- and procurement of unmanned systems as re- (RIN1018–AV81) received in the Office of the suant to law, the report of a rule entitled ceived during adjournment of the Senate in President of the Senate on September 24, ‘‘Migratory Bird Hunting: Final Frameworks the Office of the President of the Senate on 2009; to the Committee on Environment and for Early-Season Migratory Bird Hunting Public Works. August 16, 2009; to the Committee on Armed Regulations’’ ((RIN1018–AW31) (50 CFR Part Services. 20)) received in the Office of the President of EC–3190. A communication from the Chief EC–3175. A communication from the Gen- the Senate on September 24, 2009; to the of the Publications and Regulations Branch, eral Counsel of the Department of Defense, Committee on Environment and Public Internal Revenue Service, Department of the transmitting legislative proposals relative to Works. Treasury, transmitting, pursuant to law, the special purpose entities for utilities systems EC–3183. A communication from the Wild- report of a rule entitled ‘‘Tier II Issue—In- in support of the realignment of military in- life Biologist, Fish and Wildlife Service, De- dustry Directive on Planning and Examina- stallations and relocation of military per- partment of the Interior, transmitting, pur- tion of Contractual Allowances in the sonnel in Guam received in the Office of the suant to law, the report of a rule entitled Healthcare Industry No. 2’’ ((LMSB–4–0909– President of the Senate on September 16, ‘‘Migratory Bird Hunting: Migratory Bird 036) (Uniform List No. 451.19–02)) received in 2009; to the Committee on Armed Services. Hunting Regulations on Certain Federal In- the Office of the President of the Senate on EC–3176. A communication from the Chief dian Reservations and Ceded Lands for the September 24, 2009; to the Committee on Fi- Counsel, Federal Emergency Management 2009–10 Late Season’’ ((RIN1018–AW31) (50 nance. Agency, Department of Homeland Security, CFR Part 20)) received in the Office of the EC–3191. A communication from the Chief transmitting, pursuant to law, the report of President of the Senate on September 24, of the Trade and Commercial Regulations a rule entitled ‘‘Suspension of Community 2009; to the Committee on Environment and Branch, Customs and Border Protection, De- Eligibility’’ ((44 CFR Part 64) (Docket ID Public Works. partment of Homeland Security, transmit- FEMA–2008–0020; Internal Agency Docket No. EC–3184. A communication from the Wild- ting, pursuant to law, the report of a rule en- FEMA–8091)) received in the Office of the life Biologist, Fish and Wildlife Service, De- titled ‘‘Entry of Certain Cement Products President of the Senate on September 24, partment of the Interior, transmitting, pur- From Mexico Requiring a Commerce Depart- 2009; to the Committee on Banking, Housing, suant to law, the report of a rule entitled ment Import License’’ (RIN1505–AC14) re- and Urban Affairs. ‘‘Migratory Bird Hunting: Final Frameworks ceived in the Office of the President of the EC–3177. A communication from the Chief for Late-Season Migratory Bird Hunting Counsel, Federal Emergency Management Senate on September 24, 2009; to the Com- Regulations’’ ((RIN1018–AW31) (50 CFR Part mittee on Finance. Agency, Department of Homeland Security, 20)) received in the Office of the President of EC–3192. A communication from the Chief transmitting, pursuant to law, the report of the Senate on September 24, 2009; to the of the Trade and Commercial Regulations a rule entitled ‘‘Operating Fees’’ (RIN3133– Committee on Environment and Public AD60) received in the Office of the President Works. Branch, Customs and Border Protection, De- of the Senate on September 24, 2009; to the EC–3185. A communication from the Direc- partment of Homeland Security, transmit- Committee on Banking, Housing, and Urban tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- Affairs. Office of Policy, Economics, and Innovation, titled ‘‘Increase in Certain Personal Duty EC–3178. A communication from the Chief Environmental Protection Agency, transmit- Exemptions Extended to Returning U.S. of the Endangered Species Listing Branch, ting, pursuant to law, the report of a rule en- Residents’’ (RIN1505–AC16) received in the Fish and Wildlife Services, Department of titled ‘‘Approval and Promulgation of Air Office of the President of the Senate on Sep- the Interior, transmitting, pursuant to law, Quality Implementation Plans; Indiana; In- tember 24, 2009; to the Committee on Fi- the report of a rule entitled ‘‘Endangered terim Final Determination that Lake and nance. and Threatened Wildlife and Plants; Taxo- Porter Counties are Exempt from NOx RACT EC–3193. A communication from the Com- nomic Change of Sclerocactus glaucus (Uinta Requirements for Purposes of Staying Sanc- missioner of Social Security, transmitting Basin Hookless Cactus), a Threatened Spe- tions’’ (FRL No. 8961–9) received in the Office the report of proposed legislation relative to cies, to Three Separate Species, Sclerocactus of the President of the Senate on September naming a building at Social Security head- brevispinus (Pariette Cactus), Sclerocactus 24, 2009; to the Committee on Environment quarter after the late Robert M. Ball; to the glaucus (Colorado Hookless Cactus), and and Public Works. Committee on Finance.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9930 CONGRESSIONAL RECORD — SENATE September 29, 2009 REPORTS OF COMMITTEES By Ms. LANDRIEU (for herself, Mrs. *Richard Serino, of Massachusetts, to be LINCOLN, Mr. LEVIN, Mr. BURR, Mr. Deputy Administrator, Federal Emergency The following reports of committees KERRY, Mr. DEMINT, Mr. ROBERTS, Management Agency, Department of Home- were submitted: Mr. THUNE, Mr. ALEXANDER, Mr. land Security. By Mr. ROCKEFELLER, from the Com- MENENDEZ, Mr. BROWNBACK, Mr. BAU- *Daniel I. Werfel, of Virginia, to be Con- mittee on Commerce, Science, and Transpor- CUS, Mr. REID, Mr. LAUTENBERG, Mr. troller, Office of Federal Financial Manage- tation, with an amendment in the nature of LIEBERMAN, Mr. VITTER, Mr. CARDIN, ment, Office of Management and Budget. a substitute: Mr. DURBIN, Mr. JOHNSON, Ms. *Nomination was reported with rec- S. 1451. A bill to modernize the air traffic KLOBUCHAR, Mr. INHOFE, Mr. BEGICH, ommendation that it be confirmed sub- control system, improve the safety, reli- Mrs. HUTCHISON, Mrs. GILLIBRAND, ject to the nominee’s commitment to ability, and availability of transportation by Mr. CONRAD, Mr. FRANKEN, Mr. respond to requests to appear and tes- air in the United States, provide for mod- JOHANNS, Mr. HATCH, Ms. COLLINS, tify before any duly constituted com- ernization of the air traffic control system, Mr. NELSON of Nebraska, Mr. BROWN, mittee of the Senate. reauthorize the Federal Aviation Adminis- Mr. GREGG, Mr. SPECTER, Mr. CASEY, tration, and for other purposes (Rept. No. Mr. MERKLEY, Mr. DODD, and Mr. f 111–82). RISCH): ADDITIONAL COSPONSORS By Mr. INOUYE, from the Committee on S. Res. 291. A resolution expressing support Appropriations: for the goals of National Adoption Day and S. 254 Special Report entitled ‘‘Further Revised National Adoption Month by promoting na- At the request of Mrs. LINCOLN, the Allocation to Subcommittees of Budget To- tional awareness of adoption and the chil- name of the Senator from Pennsyl- tals from the Concurrent Resolution, FY dren awaiting families, celebrating children vania (Mr. SPECTER) was added as a co- 2010’’ (Rept. No. 111–83). and families involved in adoption, and en- sponsor of S. 254, a bill to amend title couraging Americans to secure safety, per- f manency, and well-being for all children; to XVIII of the Social Security Act to INTRODUCTION OF BILLS AND the Committee on Health, Education, Labor, provide for the coverage of home infu- JOINT RESOLUTIONS and Pensions. sion therapy under the Medicare Pro- By Mrs. BOXER (for herself and Mrs. gram. The following bills and joint resolu- FEINSTEIN): S. 451 tions were introduced, read the first S. Res. 292. A resolution congratulating the At the request of Ms. COLLINS, the and second times by unanimous con- Park View All-Star Little League team for names of the Senator from Indiana sent, and referred as indicated: winning the 2009 Little League World Series championship; to the Committee on the Ju- (Mr. LUGAR), the Senator from Rhode By Ms. COLLINS: diciary. Island (Mr. REED), the Senator from S. 1722. A bill to extend the temporary sus- By Mr. REID (for himself, Mr. MCCON- Texas (Mr. CORNYN) and the Senator pension of duty on certain rayon staple fi- NELL, Mr. INHOFE, Mr. COBURN, Mr. from Utah (Mr. HATCH) were added as bers; to the Committee on Finance. AKAKA, Mr. ALEXANDER, Mr. cosponsors of S. 451, a bill to require By Mr. CORKER (for himself, Mr. WAR- BARRASSO, Mr. BAUCUS, Mr. BAYH, NER, Mr. BENNET, and Ms. the Secretary of the Treasury to mint Mr. BEGICH, Mr. BENNET, Mr. BEN- KLOBUCHAR): coins in commemoration of the centen- NETT, Mr. BINGAMAN, Mr. BOND, Mrs. S. 1723. A bill to authorize the Secretary of nial of the establishment of the Girl BOXER, Mr. BROWN, Mr. BROWNBACK, the Treasury to delegate management au- Scouts of the United States of Amer- Mr. BUNNING, Mr. BURR, Mr. BURRIS, thority over troubled assets purchased under ica. Mr. BYRD, Ms. CANTWELL, Mr. the Troubled Asset Relief Program, to re- CARDIN, Mr. CARPER, Mr. CASEY, Mr. S. 461 quire the establishment of a trust to manage CHAMBLISS, Mr. COCHRAN, Ms. COL- At the request of Mrs. LINCOLN, the assets of certain designated TARP recipi- LINS, Mr. CONRAD, Mr. CORKER, Mr. name of the Senator from Illinois (Mr. ents, and for other purposes; to the Com- CORNYN, Mr. CRAPO, Mr. DEMINT, Mr. mittee on Banking, Housing, and Urban Af- BURRIS) was added as a cosponsor of S. DODD, Mr. DORGAN, Mr. DURBIN, Mr. fairs. 461, a bill to amend the Internal Rev- ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. By Mr. SCHUMER (for himself, Mr. enue Code of 1986 to extend and modify FEINSTEIN, Mr. FRANKEN, Mrs. KYL, Mr. WHITEHOUSE, and Mr. REED): the railroad track maintenance credit. GILLIBRAND, Mr. GRAHAM, Mr. GRASS- S. 1724. A bill to establish a competitive S. 607 LEY, Mr. GREGG, Mrs. HAGAN, Mr. grant program in the Department of Justice HARKIN, Mr. HATCH, Mrs. HUTCHISON, At the request of Mr. UDALL of Colo- to be administered by the Bureau of Justice Mr. INOUYE, Mr. ISAKSON, Mr. rado, the name of the Senator from Assistance which shall assist local criminal JOHANNS, Mr. JOHNSON, Mr. KAUFMAN, Vermont (Mr. LEAHY) was added as a prosecutors’ offices in investigating and Mr. KERRY, Mr. KIRK, Ms. prosecuting crimes of real estate fraud. cosponsor of S. 607, a bill to amend the KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. By Mr. DODD (for himself, Mr. FEIN- National Forest Ski Area Permit Act LANDRIEU, Mr. LAUTENBERG, Mr. GOLD, Mr. LEAHY, and Mr. MERKLEY): of 1986 to clarify the authority of the LEMIEUX, Mr. LEAHY, Mr. LEVIN, Mr. S. 1725. A bill to amend the Foreign Intel- Secretary of Agriculture regarding ad- LIEBERMAN, Mrs. LINCOLN, Mr. ligence Surveillance Act of 1978 to remove ditional recreational uses of National LUGAR, Mr. MCCAIN, Mrs. MCCASKILL, retroactive immunity protection for elec- Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- Forest System land that are subject to tronic communications service providers KULSKI, Ms. MURKOWSKI, Mrs. MUR- ski area permits, and for other pur- that participated in the Terrorist Surveil- RAY, Mr. NELSON of Nebraska, Mr. poses. lance Program and for other purposes; to the NELSON of Florida, Mr. PRYOR, Mr. S. 662 Committee on the Judiciary. REED, Mr. RISCH, Mr. ROBERTS, Mr. By Mr. KYL (for himself and Mr. At the request of Mr. CONRAD, the ROCKEFELLER, Mr. SANDERS, Mr. CORNYN): name of the Senator from Iowa (Mr. SCHUMER, Mr. SESSIONS, Mrs. S. 1726. A bill to reauthorize the expiring HARKIN) was added as a cosponsor of S. SHAHEEN, Mr. SHELBY, Ms. SNOWE, intelligence tools of the USA PATRIOT Im- 662, a bill to amend title XVIII of the Mr. SPECTER, Ms. STABENOW, Mr. provement and Reauthorization Act of 2005 Social Security Act to provide for re- TESTER, Mr. THUNE, Mr. UDALL of and defend against terrorism through im- Colorado, Mr. UDALL of New Mexico, imbursement of certified midwife serv- proved classified procedures and criminal Mr. VITTER, Mr. VOINOVICH, Mr. WAR- ices and to provide for more equitable law reforms, and for other purposes; to the NER, Mr. WEBB, Mr. WHITEHOUSE, Mr. reimbursement rates for certified Committee on the Judiciary. WICKER, and Mr. WYDEN): nurse—midwife services. f S. Res. 293. A resolution relative to the S. 669 death of Henry Louis Bellmon, former SUBMISSION OF CONCURRENT AND At the request of Mr. BURR, the name United States Senator for the State of Okla- SENATE RESOLUTIONS homa; considered and agreed to. of the Senator from Kansas (Mr. BROWNBACK) was added as a cosponsor The following concurrent resolutions f and Senate resolutions were read, and of S. 669, a bill to amend title 38, EXECUTIVE REPORTS OF referred (or acted upon), as indicated: United States Code, to clarify the con- COMMITTEES ditions under which certain persons By Mr. REID: may be treated as adjudicated men- S. Res. 290. A resolution to constitute the The following executive reports of majority party’s membership on certain nominations were submitted: tally incompetent for certain purposes. committees for the One Hundred Eleventh By Mr. LIEBERMAN for the Committee on S. 688 Congress, or until their successors are cho- Homeland Security and Governmental Af- At the request of Ms. SNOWE, the sen; considered and agreed to. fairs. names of the Senator from Vermont

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9931 (Mr. SANDERS) and the Senator from S. 1085 (Mr. LEAHY) was added as a cosponsor South Dakota (Mr. JOHNSON) were At the request of Mr. MENENDEZ, the of S. 1409, a bill to expedite the adju- added as cosponsors of S. 688, a bill to name of the Senator from Vermont dication of employer petitions for require that health plans provide cov- (Mr. LEAHY) was added as a cosponsor aliens with extraordinary artistic abil- erage for a minimum hospital stay for of S. 1085, a bill to amend the Immigra- ity. mastectomies, lumpectomies, and tion and Nationality Act to promote S. 1524 lymph node dissection for the treat- family unity, and for other purposes. At the request of Mr. KERRY, the ment of breast cancer and coverage for S. 1147 name of the Senator from Missouri secondary consultations. At the request of Mr. KOHL, the name (Mrs. MCCASKILL) was added as a co- S. 727 of the Senator from Pennsylvania (Mr. sponsor of S. 1524, a bill to strengthen SPECTER) was added as a cosponsor of At the request of Ms. LANDRIEU, the the capacity, transparency, and ac- S. 1147, a bill to prevent tobacco smug- name of the Senator from Hawaii (Mr. countability of United States foreign gling, to ensure the collection of all to- AKAKA) was added as a cosponsor of S. assistance programs to effectively bacco taxes, and for other purposes. 727, a bill to amend title 18, United adapt and respond to new challenges of States Code, to prohibit certain con- S. 1221 the 21st century, and for other pur- duct relating to the use of horses for At the request of Mr. SPECTER, the poses. name of the Senator from Tennessee human consumption. S. 1542 (Mr. ALEXANDER) was added as a co- S. 823 At the request of Mr. SCHUMER, the sponsor of S. 1221, a bill to amend title names of the Senator from Pennsyl- At the request of Ms. SNOWE, the XVIII of the Social Security Act to en- name of the Senator from Maryland vania (Mr. SPECTER) and the Senator sure more appropriate payment from Vermont (Mr. LEAHY) were added (Mr. CARDIN) was added as a cosponsor amounts for drugs and biologicals as cosponsors of S. 1542, a bill to im- of S. 823, a bill to amend the Internal under part B of the Medicare Program Revenue Code of 1986 to allow a 5-year pose tariff-rate quotas on certain ca- by excluding customary prompt pay sein and milk protein concentrates. carryback of operating losses, and for discounts extended to wholesalers from S. 1547 other purposes. the manufacturer’s average sales price. At the request of Mr. REED, the name S. 831 S. 1222 of the Senator from Vermont (Mr. At the request of Mr. KERRY, the At the request of Mrs. LINCOLN, the LEAHY) was added as a cosponsor of S. name of the Senator from Texas (Mrs. name of the Senator from Georgia (Mr. 1547, a bill to amend title 38, United CHAMBLISS) was added as a cosponsor of HUTCHISON) was added as a cosponsor of States Code, and the United States S. 1222, a bill to amend the Internal S. 831, a bill to amend title 10, United Housing Act of 1937 to enhance and ex- Revenue Code of 1986 to extend and ex- States Code, to include service after pand the assistance provided by the De- pand the benefits for businesses oper- September 11, 2001, as service quali- partment of Veterans Affairs and the ating in empowerment zones, enter- fying for the determination of a re- Department of Housing and Urban De- prise communities, or renewal commu- duced eligibility age for receipt of non- velopment to homeless veterans and nities, and for other purposes. regular service retired pay. veterans at risk of homelessness, and S. 1239 S. 883 for other purposes. At the request of Mr. BINGAMAN, the At the request of Mr. KERRY, the S. 1550 name of the Senator from Georgia (Mr. names of the Senator from Colorado At the request of Mr. MENENDEZ, the CHAMBLISS) was added as a cosponsor of (Mr. UDALL) and the Senator from name of the Senator from Vermont Idaho (Mr. RISCH) were added as co- S. 1239, a bill to amend section 340B of the Public Health Service Act to revise (Mr. LEAHY) was added as a cosponsor sponsors of S. 883, a bill to require the of S. 1550, a bill to ensure that individ- Secretary of the Treasury to mint and expand the drug discount program under that section to improve the pro- uals detained by the Department of coins in recognition and celebration of Homeland Security are treated hu- the establishment of the Medal of vision of discounts on drug purchases for certain safety net providers. manely, provided adequate medical Honor in 1861, America’s highest award care, and granted certain specified S. 1301 for valor in action against an enemy rights. At the request of Mr. MENENDEZ, the force which can be bestowed upon an S. 1569 individual serving in the Armed Serv- name of the Senator from Wisconsin (Mr. KOHL) was added as a cosponsor of At the request of Ms. STABENOW, the ices of the United States, to honor the name of the Senator from New York American military men and women S. 1301, a bill to direct the Attorney General to make an annual grant to (Mrs. GILLIBRAND) was added as a co- who have been recipients of the Medal sponsor of S. 1569, a bill to expand our of Honor, and to promote awareness of the A Child Is Missing Alert and Recov- ery Center to assist law enforcement Nation’s Advanced Practice Registered what the Medal of Honor represents agencies in the rapid recovery of miss- Nurse workforce. and how ordinary Americans, through ing children, and for other purposes. S. 1583 courage, sacrifice, selfless service and S. 1329 At the request of Mr. ROCKEFELLER, patriotism, can challenge fate and the name of the Senator from Massa- change the course of history. At the request of Mr. KOHL, the name of the Senator from Vermont (Mr. chusetts (Mr. KERRY) was added as a S. 1008 LEAHY) was added as a cosponsor of S. cosponsor of S. 1583, a bill to amend the At the request of Mrs. SHAHEEN, the 1329, a bill to authorize the Attorney Internal Revenue Code of 1986 to extend name of the Senator from Connecticut General to award grants to State the new markets tax credit through (Mr. LIEBERMAN) was added as a co- courts to develop and implement State 2014, and for other purposes. sponsor of S. 1008, a bill to amend title courts interpreter programs. S. 1594 10, United States Code, to limit re- S. 1340 At the request of Mr. LIEBERMAN, the quirements of separation pay, special At the request of Mr. LEAHY, the name of the Senator from Vermont separation benefits, and voluntary sep- name of the Senator from Wisconsin (Mr. LEAHY) was added as a cosponsor aration incentive from members of the (Mr. KOHL) was added as a cosponsor of of S. 1594, a bill to provide safeguards Armed Forces subsequently receiving S. 1340, a bill to establish a minimum against faulty asylum procedures, to retired or retainer pay. funding level for programs under the improve conditions of detention for de- S. 1066 Victims of Crime Act of 1984 for fiscal tainees, and for other purposes. At the request of Mr. SCHUMER, the years 2010 to 2014 that ensures a reason- S. 1612 name of the Senator from Iowa (Mr. able growth in victim programs with- At the request of Mrs. LINCOLN, the HARKIN) was added as a cosponsor of S. out jeopardizing the long-term sustain- name of the Senator from Rhode Island 1066, a bill to amend title XVIII of the ability of the Crime Victims Fund. (Mr. WHITEHOUSE) was added as a co- Social Security Act to preserve access S. 1409 sponsor of S. 1612, a bill to amend the to ambulance services under the Medi- At the request of Mr. KERRY, the Internal Revenue Code of 1986 to im- care program. name of the Senator from Vermont prove the operation of employee stock

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9932 CONGRESSIONAL RECORD — SENATE September 29, 2009 ownership plans, and for other pur- Indian tribes and offer an apology to gency Economic Stabilization Act of 2008, or poses. all Native Peoples on behalf of the any other provision of law, no funds may be expended under the Troubled Asset Relief S. 1660 United States. Program, or any other provision of that Act, At the request of Ms. KLOBUCHAR, the S.J. RES. 16 on or after the date of enactment of this Act, name of the Senator from Louisiana At the request of Mr. DEMINT, the until the Secretary transfers all voting, non- (Ms. LANDRIEU) was added as a cospon- name of the Senator from Oklahoma voting, and common equity in any des- sor of S. 1660, a bill to amend the Toxic (Mr. INHOFE) was added as a cosponsor ignated TARP recipient to a limited liability Substances Control Act to reduce the of S.J. Res. 16, a joint resolution pro- company established by the Secretary for emissions of formaldehyde from com- posing an amendment to the Constitu- such purpose, to be held and managed in posite wood products, and for other tion of the United States relative to trust on behalf of the United States tax- payers. purposes. parental rights. (b) APPOINTMENT OF TRUSTEES.— S. 1668 S. RES. 285 (1) IN GENERAL.—The President shall ap- At the request of Mr. BENNET, the At the request of Mr. BENNETT, the point 3 independent trustees to manage the name of the Senator from Vermont name of the Senator from Mississippi equity held in the trust, separate and apart (Mr. LEAHY) was added as a cosponsor (Mr. COCHRAN) was added as a cospon- from the United States Government. of S. 1668, a bill to amend title 38, sor of S. Res. 285, a resolution sup- (2) CRITERIA.—Trustees appointed under United States Code, to provide for the porting the goals and ideals of national this subsection— (A) may not be elected or appointed Gov- inclusion of certain active duty service cybersecurity awareness month and ernment officials; in the reserve components as quali- raising awareness and enhancing the (B) shall serve at the pleasure of the Presi- fying service for purposes of Post-9/11 state of cybersecurity in the United dent, and may be removed for just cause in Educational Assistance Program, and States. violation of their fiduciary responsibilities for other purposes. AMENDMENT NO. 2555 only; and (C) shall each be paid at a rate equal to the S. 1672 At the request of Mr. JOHANNS, the rate payable for positions at level III of the At the request of Mr. REED, the name names of the Senator from Iowa (Mr. Executive Schedule under section 5311 of of the Senator from Massachusetts GRASSLEY), the Senator from Pennsyl- title 5, United States Code. (Mr. KERRY) was added as a cosponsor vania (Mr. CASEY) and the Senator (c) DUTIES OF TRUST.—Pursuant to pro- of S. 1672, a bill to reauthorize the Na- from Iowa (Mr. HARKIN) were added as tecting the interests and investment of the tional Oilheat Research Alliance Act of cosponsors of amendment No. 2555 in- United States taxpayer, the trust established 2000. tended to be proposed to H.R. 3326, a under this section shall, with the purpose of S. 1683 bill making appropriations for the De- maximizing the profitability of the des- ignated TARP recipient— At the request of Mr. BENNET, the partment of Defense for the fiscal year ending September 30, 2010, and for (1) exercise the voting rights of the shares name of the Senator from Tennessee of the taxpayer on all core governance (Mr. ALEXANDER) was added as a co- other purposes. issues; sponsor of S. 1683, a bill to apply recap- f (2) select the representation on the boards tured taxpayer investments toward re- STATEMENTS ON INTRODUCED of directors of any designated TARP recipi- ducing the national debt. ent; and BILLS AND JOINT RESOLUTIONS (3) have a fiduciary duty to the American S. 1694 By Mr. CORKER (for himself, Mr. taxpayer for the maximization of the return At the request of Mr. ROCKEFELLER, WARNER, Mr. BENNET, and Ms. on the investment of the taxpayer made the name of the Senator from Arkansas KLOBUCHAR): under the Emergency Economic Stabiliza- (Mr. PRYOR) was added as a cosponsor S. 1723. A bill to authorize the Sec- tion Act of 2008, in the same manner and to of S. 1694, a bill to allow the funding the same extent that any director of an retary of the Treasury to delegate for the interoperable emergency com- issuer of securities has with respect to its management authority over troubled munications grant program established shareholders under the securities laws and assets purchased under the Troubled under the Digital Television Transition all applications of State law. Asset Relief Program, to require the and Public Safety Act of 2005 to remain (d) LIQUIDATION.— establishment of a trust to manage as- (1) IN GENERAL.—The trustees shall liq- available until expended through fiscal sets of certain designated TARP recipi- uidate the trust established under this sec- year 2012, and for other purposes. ents, and for other purposes; to the tion, including the assets held by such trust, S. 1709 Committee on Banking, Housing, and not later than December 24, 2011, unless— At the request of Ms. STABENOW, the Urban Affairs. (A) the trustees submit a report to the name of the Senator from Louisiana Congress that liquidation would not maxi- Mr. CORKER. Mr. President, I ask mize the profitability of the company and (Ms. LANDRIEU) was added as a cospon- unanimous consent that the text of the the return on investment to the taxpayer; sor of S. 1709, a bill to amend the Na- bill be printed in the RECORD. and tional Agricultural Research, Exten- There being no objection, the text of (B) within 15 calendar days after the date sion, and Teaching Policy Act of 1977 the bill was ordered to be printed in on which the Congress receives such report, to establish a grant program to pro- the RECORD, as follows: there is enacted into law a joint resolution disapproving the liquidation plan of the Sec- mote efforts to develop, implement, S. 1723 and sustain veterinary services, and for retary, as described in paragraph (2). Be it enacted by the Senate and House of Rep- other purposes. (2) CONTENTS OF JOINT RESOLUTION.—For resentatives of the United States of America in purposes of this subsection, the term ‘‘joint S. 1711 Congress assembled, resolution’’ means only a joint resolution— At the request of Mr. REID, the name SECTION 1. SHORT TITLE. (A) that is introduced not later than 3 cal- of the Senator from Colorado (Mr. This Act may be cited as the ‘‘TARP Re- endar days after the date on which the report UDALL) was added as a cosponsor of S. cipient Ownership Trust Act of 2009’’. referred to in paragraph (1)(A) is received by 1711, a bill to amend the Internal Rev- SEC. 2. AUTHORITY OF THE SECRETARY OF THE the Congress; enue Code of 1986 to provide tax incen- TREASURY TO DELEGATE TARP (B) which does not have a preamble; tives for making homes more water-ef- ASSET MANAGEMENT. (C) the title of which is as follows: ‘‘Joint ficient, for building new water-efficient Section 106(b) of the Emergency Economic resolution relating to the disapproval of the Stabilization Act of 2008 (12 U.S.C. 5216(b)) is liquidation of the TARP management trust’’; homes, for public water conservation, amended by inserting before the period at and and for other purposes. the end the following: ‘‘, and the Secretary (D) the matter after the resolving clause of S.J. RES. 14 may delegate such management authority to which is as follows: ‘‘That Congress dis- At the request of Mr. BROWNBACK, the a private entity, as the Secretary determines approves the liquidation of the TARP man- name of the Senator from Hawaii (Mr. appropriate, with respect to any entity as- agement trust established under the TARP sisted under this Act’’. Recipient Ownership Trust Act of 2009.’’. AKAKA) was added as a cosponsor of (3) FAST TRACK CONSIDERATION IN HOUSE OF S.J. Res. 14, a joint resolution to ac- SEC. 3. CREATION OF MANAGEMENT AUTHORITY FOR DESIGNATED TARP RECIPI- REPRESENTATIVES.— knowledge a long history of official ENTS. (A) RECONVENING.—Upon receipt of a report depredations and ill-conceived policies (a) FEDERAL ASSISTANCE LIMITED.—Not- under paragraph (1)(A), the Speaker, if the by the Federal Government regarding withstanding any provision of the Emer- House would otherwise be adjourned, shall

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9933 notify the Members of the House that, pursu- minority leaders or their designees. A mo- ner, and to the same extent as in the case of ant to this subsection, the House shall con- tion further to limit debate is in order and any other rule of that House. vene not later than the second calendar day not debatable. An amendment to, or a mo- SEC. 4. DEFINITIONS. after receipt of such report. tion to postpone, or a motion to proceed to As used in this Act— (B) REPORTING AND DISCHARGE.—Any com- the consideration of other business, or a mo- (1) the term ‘‘designated TARP recipient’’ mittee of the House of Representatives to tion to recommit the joint resolution is not means any entity that has received, or will which a joint resolution is referred shall re- in order. receive, financial assistance under the Trou- port it to the House not later than 5 calendar (iii) VOTE ON PASSAGE.—The vote on pas- bled Asset Relief Program or any other pro- days after the date of receipt of the report sage shall occur immediately following the vision of the Emergency Economic Stabiliza- described in paragraph (1)(A). If a committee conclusion of the debate on a joint resolu- tion Act of 2008 (Public Law 110–343), such fails to report the joint resolution within tion, and a single quorum call at the conclu- that the Federal Government holds or con- that period, the committee shall be dis- sion of the debate if requested in accordance trols, or will hold or control at a future date, charged from further consideration of the with the rules of the Senate. not less than a 10 percent ownership stake in joint resolution and the joint resolution (iv) RULINGS OF THE CHAIR ON PROCEDURE.— the company as a result of such assistance; shall be referred to the appropriate calendar. Appeals from the decisions of the Chair re- (2) the term ‘‘Secretary’’ means the Sec- (C) PROCEEDING TO CONSIDERATION.—After lating to the application of the rules of the retary of the Treasury or the designee of the each committee authorized to consider a Senate, as the case may be, to the procedure Secretary; and joint resolution reports it to the House or relating to a joint resolution shall be decided (3) the terms ‘‘director’’, ‘‘issuer’’, ‘‘securi- has been discharged from its consideration, without debate. ties’’, and ‘‘securities laws’’ have the same it shall be in order, not later than the sixth (5) RULES RELATING TO SENATE AND HOUSE meanings as in section 3 of the Securities day after Congress receives the report de- OF REPRESENTATIVES.— Exchange Act of 1934 (15 U.S.C. 78c). scribed in paragraph (1)(A), to move to pro- (A) COORDINATION WITH ACTION BY OTHER ceed to consider the joint resolution in the HOUSE.—If, before the passage by one House By Mr. KYL. (for himself and Mr. House. All points of order against the motion of a joint resolution of that House, that CORNYN): are waived. Such a motion shall not be in House receives from the other House a joint S. 1726. A bill to reauthorize the ex- order after the House has disposed of a mo- tion to proceed on the joint resolution. The resolution, then the following procedures piring intelligence tools of the USA previous question shall be considered as or- shall apply: PATRIOT Improvement and Reauthor- dered on the motion to its adoption without (i) The joint resolution of the other House ization Act of 2005 and defend against intervening motion. The motion shall not be shall not be referred to a committee. terrorism through improved classified debatable. A motion to reconsider the vote (ii) With respect to a joint resolution of procedures and criminal law reforms, by which the motion is disposed of shall not the House receiving the resolution— (I) the procedure in that House shall be the and for other purposes; to the Com- be in order. mittee on the Judiciary. (D) CONSIDERATION.—The joint resolution same as if no joint resolution had been re- ceived from the other House; but Mr. KYL. Mr. President, earlier this shall be considered as read. All points of month, we paid homage to those who order against the joint resolution and (II) the vote on passage shall be on the against its consideration are waived. The joint resolution of the other House. lost their lives in the terrorist attacks previous question shall be considered as or- (B) TREATMENT OF JOINT RESOLUTION OF on September 11, 2001. Those attacks dered on the joint resolution to its passage OTHER HOUSE.—If one House fails to intro- changed our nation forever, including without intervening motion except two duce or consider a joint resolution under this how we combat the very real and con- hours of debate equally divided and con- subsection, the joint resolution of the other tinuing threat of terrorism. One of the trolled by the proponent and an opponent. A House shall be entitled to expedited floor most important changes that we made motion to reconsider the vote on passage of procedures under this subsection. (C) TREATMENT OF COMPANION MEASURES.— in the wake of September 11 was the the joint resolution shall not be in order. enactment of the PATRIOT Act. That (4) FAST TRACK CONSIDERATION IN SENATE.— If, following passage of the joint resolution (A) RECONVENING.—Upon receipt of a report in the Senate, the Senate then receives the legislation, which had strong bipar- under paragraph (1)(A), if the Senate has ad- companion measure from the House of Rep- tisan support in the Congress, provided journed or recessed for more than 2 days, the resentatives, the companion measure shall for a number of common sense changes majority leader of the Senate, after con- not be debatable. designed to give our national security sultation with the minority leader of the (D) CONSIDERATION AFTER PASSAGE.— intelligence community the same tools Senate, shall notify the Members of the Sen- (i) IN GENERAL.—If Congress passes a joint our police and FBI agents can use ate that, pursuant to this subsection, the resolution, the period beginning on the date against drug dealers and organized the President is presented with the joint res- Senate shall convene not later than the sec- crime. Although many of the PATRIOT ond calendar day after receipt of such mes- olution and ending on the date the President sage. takes action with respect to the joint resolu- Act’s provisions are now permanent, (B) PLACEMENT ON CALENDAR.—Upon intro- tion shall be disregarded in computing the three critical national security tools— duction in the Senate, the joint resolution 15-calendar day period described in para- the ‘‘wiretap’’ authority contained in shall be placed immediately on the calendar. graph (1)(A). Section 206 of the PATRIOT Act; the (C) FLOOR CONSIDERATION.— (ii) VETOES.—If the President vetoes the ‘‘business records’’ authority contained (i) IN GENERAL.—Notwithstanding Rule joint resolution— in Section 215 of the PATRIOT Act; XXII of the Standing Rules of the Senate, it (I) the period beginning on the date the and the ‘‘lone wolf’’ authority con- is in order at any time during the period be- President vetoes the joint resolution and tained in Section 6001 of the Intel- ginning on the 4th day after the date on ending on the date the Congress receives the which Congress receives a report of the plan veto message with respect to the joint reso- ligence Reform and Terrorism Preven- of the Secretary described in paragraph lution shall be disregarded in computing the tion Act of 2004—will expire on Decem- (1)(A) and ending on the 6th day after the 15-calendar day period described in para- ber 31 of this year. date on which Congress receives a report of graph (1)(A); and The tools in the PATRIOT Act are as the plan of the Secretary described in para- (II) debate on a veto message in the Senate necessary today as they were when graph (1)(A) (even though a previous motion under this subsection shall be 1 hour equally first enacted. Just this month, the gov- to the same effect has been disagreed to) to divided between the majority and minority ernment confirmed that the Foreign move to proceed to the consideration of the leaders or their designees. Intelligence Surveillance Act of 1978, joint resolution, and all points of order (E) RULES OF HOUSE OF REPRESENTATIVES FISA, which includes PATRIOT Act against the joint resolution (and against AND SENATE.—This paragraph, and para- consideration of the joint resolution) are graphs (2), (3), and (4) are enacted by Con- provisions, was used to build a case waived. The motion to proceed is not debat- gress— against Najibullah Zazi. Although able. The motion is not subject to a motion (i) as an exercise of the rulemaking power many details remain classified, it ap- to postpone. A motion to reconsider the vote of the Senate and House of Representatives, pears as if Najibullah Zazi was an al by which the motion is agreed to or dis- respectively, and as such it is deemed a part Qaeda associate who was planning to agreed to shall not be in order. If a motion of the rules of each House, respectively, but detonate bombs within the U.S. to proceed to the consideration of the resolu- applicable only with respect to the procedure Similarly, it has been reported that tion is agreed to, the joint resolution shall to be followed in that House in the case of a the FBI likely used its roving wiretap remain the unfinished business until dis- joint resolution, and it supersedes other and business records authorities—two posed of. rules only to the extent that it is incon- of the PATRIOT Act’s expiring provi- (ii) DEBATE.—Debate on the joint resolu- sistent with such rules; and tion, and on all debatable motions and ap- (ii) with full recognition of the constitu- sions—to thwart a terrorist plot uncov- peals in connection therewith, shall be lim- tional right of either House to change the ered earlier this year in New York, in ited to not more than 10 hours, which shall rules (so far as relating to the procedure of which four former convicts who con- be divided equally between the majority and that House) at any time, in the same man- verted to radical Islam plotted to use

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9934 CONGRESSIONAL RECORD — SENATE September 29, 2009 explosives to blow up synagogues and priate circumstances, to compel the These are good, common sense provi- shoot down airplanes with surface-to- production of needed business records. sions that all members should be able air missiles. In its September 14 letter, the Depart- to support. I look forward to working Those are two high-profile examples ment of Justice expressed its strong with my colleagues on both sides to en- from just this year. There are no doubt support for the business records provi- sure that our national security profes- countless of other instances, not sion, stating that it ‘‘addresses a gap in sionals have the tools they need to con- known to the public, where PATRIOT intelligence collection authorities and tinue finding and apprehending terror- Act authorities have been used by our has proven valuable in a number of ists before they attack. national security professionals to keep contexts.’’ The Department stated that Mr. President, I ask unanimous con- Americans safe. Recognizing the im- some of the acquired ‘‘orders were used sent that the text of the bill be printed portance of these tools, the Depart- to support important and highly sen- in the RECORD. ment of Justice has written the Chair- sitive intelligence collection oper- There being no objection, the text of man of the Judiciary Committee to ations, of which both Members of the the bill was ordered to be printed in urge renewal of the expiring provisions Intelligence Committee and their staffs the RECORD, as follows: of the PATRIOT Act. In addition, FBI are aware.’’ Although some have ques- S. 1726 Director Mueller and David Kris, the tioned the scope and use of this author- Assistant Attorney General for the Na- Be it enacted by the Senate and House of Rep- ity, it is important to acknowledge resentatives of the United States of America in tional Security Division, both ex- that no one has challenged a business Congress assembled, pressed their strong support for these records order in court, even though an SECTION 1. SHORT TITLE; TABLE OF CONTENTS. authorities in testimony before the Ju- explicit right to file such a challenge (a) SHORT TITLE.—This Act may be cited as diciary Committee this month. took effect in 2006. Such authority also the ‘‘USA PATRIOT Reauthorization and The reality is that the war on ter- exists in at least 300 federal govern- Additional Weapons Against Terrorism Act rorism is not going to sunset. Neither ment investigative contexts. of 2009’’. should the tools that our investigators (b) TABLE OF CONTENTS.—The table of con- III. RENEWING THE LONE WOLF AUTHORITY and analysts rely upon to prevent at- tents for this Act is as follows: The ‘‘lone wolf’’ provision fills a crit- tack. That is why Mr. CORNYN and I are ical intelligence gap in situations Sec. 1. Short title; table of contents. introducing today the USA PATRIOT where the government can establish TITLE I—USA PATRIOT Reauthorization and Additional Weap- that a non-United States person is en- REAUTHORIZATION ACT OF 2009 ons Against Terrorism Act of 2009. This gaged in international terrorism but Sec. 101. Short title. legislation permanently renews the cannot yet identify the foreign power Sec. 102. USA Patriot Improvement and Re- three expiring PATRIOT Act provi- authorization Act repeal of sun- or terrorist group to which he belongs. sions and addresses other critical na- set provisions. tional security needs. Although this authority has not yet Sec. 103. Repeal of sunset relating to indi- been used, the Department of Justice vidual terrorists as agents of I. RENEWING THE ROVING WIRETAP AUTHORITY made clear in its September 14 letter The roving wiretap authority allows foreign powers. that there are foreseeable situations in the Government, in certain cir- TITLE II—CLASSIFIED INFORMATION which such an authority ‘‘would be the cumstances, to focus surveillance ef- PROCEDURES REFORM ACT only avenue to effective surveillance.’’ forts on monitoring a particular target Sec. 201. Short title. The Department stated that ‘‘it is es- Sec. 202. Definitions. rather than a particular telephone sential to have the tool available for Sec. 203. Ex parte authorizations under the number. Gone are the days when you the rare situation in which it is nec- Classified Information Proce- used only one phone at home or in the essary rather than to delay surveil- dures Act. office. Cell phones are ubiquitous. The lance of a terrorist in the hopes that Sec. 204. Application of Classified Informa- point is to intercept the calls of a par- tion Procedures Act to non- ticular person, not a particular phone. the necessary links are established.’’ documentary information. Even so, the Government may have Had we had this authority at the time, Sec. 205. Interlocutory appeals under the such authority only in limited cir- we could have examined the computer Classified Information Proce- cumstances. It must provide the FISA of Zacarias Moussaoui, perhaps gaining dures Act. Court with ‘‘specific facts’’ indicating enough information to provide some TITLE III—ADDITIONAL GOVERNMENT that the ‘‘actions of the target of the warning of 9/11. Terrorists do not carry WEAPONS AGAINST TERRORISM ACT application may have the effect of membership cards in organizations, but Sec. 301. Short title. thwarting the identification’’ of third it does not make them any less dan- Sec. 302. Prevention and deterrence of mate- rial support for terrorist sui- parties necessary to accomplish the or- gerous. IV. ADDRESSING OTHER NATIONAL SECURITY cide bombings. dered surveillance. This tool helps en- Sec. 303. Prohibiting attempts and conspir- sure that investigators and analysts NEEDS In addition to reauthorizing these acies to obtain military-type may overcome a target’s efforts to training from a foreign ter- avoid surveillance, for example, rapidly important national security tools, this rorist organization. switching cell phone numbers. legislation responds to several other Sec. 304. Prohibiting use of false travel doc- As the Department of Justice noted national security needs. For example, uments. in its September 14, 2009, letter to it clarifies what kind of information Sec. 305. Preventing unwarranted release of convicted terrorists and sex of- Chairman LEAHY, the roving wiretap and disclosures trigger the procedures of the Classified Information Proce- fenders pending sentencing or authority has ‘‘proven an important in- appeal. telligence-gathering tool in a small but dures Act, CIPA. This clarification is significant subset of FISA electronic designed to resolve the difficulties cre- TITLE I—USA PATRIOT REAUTHORIZATION ACT OF 2009 surveillance orders.’’ The Department’s ated by the Fourth Circuit’s approach letter explains that the authority has in United States v. Moussaoui. The leg- SEC. 101. SHORT TITLE. been used judiciously—on average, only islation also prohibits individuals from This title may be cited as the ‘‘USA PA- TRIOT Reauthorization Act of 2009’’. 22 applications for roving wiretaps providing material support—for exam- ple, providing money to support a sui- SEC. 102. USA PATRIOT IMPROVEMENT AND RE- have been made per year—and that AUTHORIZATION ACT REPEAL OF ‘‘the basic justification offered to Con- cide bomber’s family—to international SUNSET PROVISIONS. gress in 2001 for the roving authority terrorism efforts. It makes it illegal to Section 102(b) of the USA PATRIOT Im- remains valid today. . . . Any effective conspire to violate the current prohibi- provement and Reauthorization Act of 2005 surveillance mechanism must incor- tion on receiving military-type train- (Public Law 109–177; 50 U.S.C. 1805 note, 50 porate the ability to rapidly address an ing from a foreign terrorist organiza- U.S.C. 1861 note, and 50 U.S.C. 1862 note) is unanticipated change in the target’s tion. It prohibits the use, transfer, repealed. communications behavior.’’ mass transfer, production, and traf- SEC. 103. REPEAL OF SUNSET RELATING TO INDI- VIDUAL TERRORISTS AS AGENTS OF II. RENEWING THE BUSINESS RECORDS ficking of false travel documents. Fi- FOREIGN POWERS. AUTHORITY nally, it ensures that convicted terror- Section 6001(b) of the Intelligence Reform The business records authority al- ists and sex offenders will not be re- and Terrorism Prevention Act of 2004 (Public lows the FISA Court, under appro- leased pending sentencing or appeal. Law 108–458; 50 U.S.C. 1801 note) is repealed.

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DEFINITIONS. mation specified in a notice made under paragraph (1), the United States may request other person, with the intent to facilitate, (a) IN GENERAL.—Section 1 of the Classified reward, or encourage that act or other acts Information Procedures Act (18 U.S.C. App.) the substitution of a summary of the classi- of international terrorism, shall be fined is amended— fied information or the substitution of a (1) by redesignating subsection (b) as sub- statement admitting relevant facts that the under this title, imprisoned not more than 15 section (c); and classified information would tend to prove. years, or both, and, if death results, shall be (2) by inserting after subsection (a) the fol- ‘‘(3) The court shall permit the United imprisoned for any term of years or for life. lowing: States to make an objection to access to classified information under paragraph (1) or ‘‘(c) JURISDICTIONAL BASES.—A cir- ‘‘(b) ‘Disclosure’, as used in this Act— cumstance referred to in this subsection is ‘‘(1) means the release, transmittal, or a request for a substitution under paragraph that— making available of, or providing access to, (2) in the form of a statement made ex parte ‘‘(1) the offense occurs in or affects inter- classified information to any person (includ- and to be considered by the court alone. The state or foreign commerce; ing a defendant or counsel for a defendant) entire text of the statement of the United during discovery, or to a participant or States, and any summary of the classified in- ‘‘(2) the offense involves the use of the member of the public at any proceeding; and formation the defendant seeks to obtain, mails or a facility of interstate or foreign ‘‘(2) does not include the release, trans- shall be sealed and preserved in the records commerce; mittal, or making available of, or providing of the court and made available to the appel- ‘‘(3) an offender intends to facilitate, re- late court in the event of an appeal. access to, classified information by the de- ward, or encourage an act of international ‘‘(4) A court shall grant the request of the fendant to an attorney representing the de- terrorism that affects interstate or foreign United States to substitute a summary of fendant in a matter who has received— commerce or would have affected interstate the classified information or to substitute a or foreign commerce had the act been con- ‘‘(A) the necessary security clearance to statement admitting relevant facts that the receive the classified information; and summated; classified information would tend to prove ‘‘(4) an offender intends to facilitate, re- ‘‘(B) if the classified information has been under paragraph (2) if the court finds that ward, or encourage an act of international designated as sensitive compartmented in- the summary or statement will provide the terrorism that violates the criminal laws of formation or special access program infor- defendant with substantially the same abil- the United States; mation, any additional required authoriza- ity to make a defense as would disclosure of tion to receive the classified information, .’’. the specific classified information. ‘‘(5) an offender intends to facilitate, re- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(5) A defendant may not obtain access to ward, or encourage an act of international MENT.—Section 501(3) of the Immigration and classified information subject to this sub- terrorism that is designed to influence the Nationality Act (8 U.S.C. 1531(3)) is amended section except as provided in this subsection. policy or affect the conduct of the United by striking ‘‘section 1(b)’’ and inserting ‘‘sec- Any proceeding, whether by deposition under States Government; tion 1’’. the Federal Rules of Criminal Procedure or ‘‘(6) an offender intends to facilitate, re- SEC. 203. EX PARTE AUTHORIZATIONS UNDER otherwise, in which a defendant seeks to ob- ward, or encourage an act of international THE CLASSIFIED INFORMATION tain access to classified information subject terrorism that occurs in part within the PROCEDURES ACT. to this subsection not previously authorized United States and is designed to influence Section 4 of the Classified Information by a court for disclosure under this sub- the policy or affect the conduct of a foreign Procedures Act (18 U.S.C. App.) is amended— section shall be discontinued or may proceed government; (1) in the second sentence— only as to lines of inquiry not involving the ‘‘(7) an offender intends to facilitate, re- (A) by striking ‘‘may’’ and inserting classified information.’’. ward, or encourage an act of international ‘‘shall’’; and SEC. 205. INTERLOCUTORY APPEALS UNDER THE terrorism that causes or is designed to cause (B) by striking ‘‘authorization in the form CLASSIFIED INFORMATION PROCE- death or serious bodily injury to a national of a written statement to be inspected’’ and DURES ACT. inserting ‘‘authorization, together with any of the United States while that national is Section 7(a) of the Classified Information outside the United States, or substantial argument in support of that request, in the Procedures Act (18 U.S.C. App.) is amended form of a statement made ex parte and to be damage to the property of a legal entity or- by adding the following at the end: ‘‘The ganized under the laws of the United States considered’’; and right of the United States to appeal under (2) in the third sentence— (including any State, district, common- this subsection applies without regard to wealth, territory, or possession of the United (A) by striking ‘‘If the court enters an whether the order appealed from was entered States) while that property is outside of the order granting relief following such an ex under this Act.’’. parte showing, the’’ and inserting ‘‘The’’; United States; TITLE III—ADDITIONAL GOVERNMENT ‘‘(8) the offense occurs in whole or in part and WEAPONS AGAINST TERRORISM ACT (B) inserting ‘‘, and the transcript of any within the United States, and an offender in- argument and any summary of the classified SEC. 301. SHORT TITLE. tends to facilitate, reward, or encourage an This title may be cited as the ‘‘Additional information the defendant seeks to obtain,’’ act of international terrorism that is de- Government Weapons Against Terrorism Act after ‘‘text of the statement of the United signed to influence the policy or affect the of 2009’’. States’’. conduct of a foreign government; or SEC. 302. PREVENTION AND DETERRENCE OF MA- SEC. 204. APPLICATION OF CLASSIFIED INFOR- ‘‘(9) the offense occurs in whole or in part TERIAL SUPPORT FOR TERRORIST MATION PROCEDURES ACT TO NON- outside of the United States, and an offender SUICIDE BOMBINGS. DOCUMENTARY INFORMATION. is a national of the United States, a stateless (a) IN GENERAL.—Chapter 113B of title 18, Section 4 of the Classified Information person whose habitual residence is in the United States Code, is amended by adding at Procedures Act (18 U.S.C. App.), as amended United States, or a legal entity organized the end the following: by section 203 of this Act, is amended— under the laws of the United States (includ- (1) in the section heading, by inserting ‘‘§ 2339E. Providing material support to inter- ing any State, district, commonwealth, ter- ‘‘AND ACCESS TO’’ after ‘‘OF’’; national terrorism ritory, or possession of the United States).’’. (2) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(a) DEFINITIONS.—In this section— (b) TECHNICAL AND CONFORMING AMEND- ‘‘The court, upon’’; and ‘‘(1) the term ‘facility of interstate or for- (3) by adding the following at the end the eign commerce’ has the meaning given that MENTS.— following: term in section 1958; (1) TABLE OF SECTIONS.—The table of sec- ‘‘(b) ACCESS TO OTHER CLASSIFIED INFORMA- ‘‘(2) the term ‘material support or re- tions for chapter 113B of title 18, United TION.—(1) If the defendant seeks access sources’ has the meaning given that term in States Code, is amended by adding at the end through deposition under the Federal Rules section 2339A; the following: of Criminal Procedure or otherwise to non- ‘‘(3) the term ‘perpetrator of an act’ in- ‘‘2339D. Receiving military-type training documentary information from a potential cludes any person who— from a foreign terrorist organi- witness or other person which the defendant ‘‘(A) commits the act; zation. knows or reasonably believes is classified, ‘‘(B) aids, abets, counsels, commands, in- the defendant shall notify the attorney for duces, or procures the commission of the act; ‘‘2339E. Providing material support to inter- the United States and the district court in or national terrorism.’’. writing. Such notice shall specify with par- ‘‘(C) attempts, plots, or conspires to com- (2) OTHER AMENDMENT.—Section ticularity the classified information sought mit the act; and 2332b(g)(5)(B)(i) of title 18, United States by the defendant and the legal basis for such ‘‘(4) the term ‘serious bodily injury’ has Code, is amended by inserting ‘‘2339E (relat- access. At a time set by the court, the the meaning given that term in section 1365. ing to providing material support to inter- United States may oppose such access to the ‘‘(b) PROHIBITION.—Whoever, in a cir- national terrorism),’’ before ‘‘or 2340A (relat- classified information. cumstance described in subsection (c), pro- ing to torture)’’.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9936 CONGRESSIONAL RECORD — SENATE September 29, 2009 SEC. 303. PROHIBITING ATTEMPTS AND CONSPIR- SEC. 305. PREVENTING UNWARRANTED RELEASE KERRY, Mr. DEMINT, Mr. ROBERTS, Mr. OF CONVICTED TERRORISTS AND ACIES TO OBTAIN MILITARY-TYPE THUNE, Mr. ALEXANDER, Mr. MENENDEZ, TRAINING FROM A FOREIGN TER- SEX OFFENDERS PENDING SEN- RORIST ORGANIZATION. TENCING OR APPEAL. Mr. BROWNBACK, Mr. BAUCUS, Mr. REID, (a) IN GENERAL.—Section 3145 of title 18, Mr. LAUTENBERG, Mr. LIEBERMAN, Mr. Section 2339D(a) of title 18, United States United States Code, is amended by adding at VITTER, Mr. CARDIN, Mr. DURBIN, Mr. Code, is amended by inserting ‘‘, or attempts the end the following: JOHNSON, Ms. KLOBUCHAR, Mr. INHOFE, or conspires to do so,’’ after ‘‘foreign ter- ‘‘(d) APPLICATION.—No person shall be eli- Mr. BEGICH, Mrs. HUTCHISON, Mrs. rorist organization’’. gible for release under subsection (c) based GILLIBRAND, Mr. CONRAD, Mr. FRANKEN, on exceptional reasons if the person is being SEC. 304. PROHIBITING USE OF FALSE TRAVEL detained pending sentencing or appeal in a Mr. JOHANNS, Mr. HATCH, Ms. COLLINS, DOCUMENTS. case involving— Mr. NELSON of Nebraska, Mr. BROWN, (a) IN GENERAL.—Section 1028 of title 18, ‘‘(1) an offense under section 2332b of this Mr. GREGG, Mr. SPECTER, Mr. CASEY, United States Code, is amended— title; Mr. MERKLEY, Mr. DODD, and Mr. (1) in the section heading, by inserting ‘‘(2) an offense listed in section RISCH) submitted the following resolu- ‘‘false travel documents,’’ after ‘‘identifica- 2332b(g)(5)(B) of this title for which a max- tion; which was referred to the Com- tion documents,’’; imum term of imprisonment of 10 years or mittee on Health, Education, Labor, (2) in subsection (a)— more is prescribed; or and Pensions: (A) in paragraph (1), by striking ‘‘or a false ‘‘(3) an offense involving a minor victim S. RES. 291 identification document’’ and inserting under section 1201, 1591, 2241, 2242, 2244(a)(1), ‘‘false identification document, or false trav- 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), Whereas there are approximately 510,000 el document’’; 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), children in the foster care system in the (B) in paragraph (2), by striking ‘‘or a false 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this United States, approximately 129,000 of whom are waiting for families to adopt identification document’’ and inserting title.’’. them; ‘‘false identification document, or false trav- f Whereas 61 percent of the children in foster el document’’; SUBMITTED RESOLUTIONS care are age 10 or younger; (C) in paragraph (3), by striking ‘‘or false Whereas the average length of time a child identification documents’’ and inserting spends in foster care is over 3 years; ‘‘false identification documents, or false SENATE RESOLUTION 290—TO CON- Whereas, for many foster children, the travel documents’’; STITUTE THE MAJORITY PAR- wait for a loving family in which they are (D) in paragraph (5), by inserting ‘‘, false TY’S MEMBERSHIP ON CERTAIN nurtured, comforted, and protected seems travel document,’’ after ‘‘false identification endless; document’’; and COMMITTEES FOR THE ONE HUN- DRED ELEVENTH CONGRESS, OR Whereas the number of youth who ‘‘age (E) in paragraph (8), by inserting ‘‘false out’’ of foster care by reaching adulthood travel documents,’’ after ‘‘false identifica- UNTIL THEIR SUCCESSORS ARE without being placed in a permanent home tion documents,’’; CHOSEN has continued to increase since 1998, and (3) in subsection (b)— Mr. REID submitted the following more than 26,000 foster youth age out every (A) in paragraph (1)(B), by striking ‘‘or resolution; which was considered and year; false identification documents’’ and insert- agreed to: Whereas every day loving and nurturing ing ‘‘false identification documents, or false families are strengthened and expanded when S. RES. 290 travel documents’’; and committed and dedicated individuals make (B) in paragraph (2)(A)— Resolved, That the following shall con- an important difference in the life of a child (i) by striking ‘‘document,,’’ and inserting stitute the majority party’s membership on through adoption; ‘‘document,’’; and the following committees for the One Hun- Whereas a 2007 survey conducted by the (ii) by striking ‘‘or a false identification dred Eleventh Congress, or until their suc- Dave Thomas Foundation for Adoption dem- document’’ and inserting ‘‘a false identifica- cessors are chosen: onstrated that though ‘‘Americans over- COMMITTEE ON ARMED SERVICES: Mr. tion document, or a false travel document’’; whelmingly support the concept of adoption, Levin (Chairman), Mr. Byrd, Mr. Lieberman, and in particular foster care adoption . . . (4) in subsection (c)(3)(B), by inserting Mr. Reed, Mr. Akaka, Mr. Nelson (Florida), ‘‘false travel document,’’ after ‘‘false identi- Mr. Nelson (Nebraska), Mr. Bayh, Mr. Webb, foster care adoptions have not increased sig- fication document,’’; Mrs. McCaskill, Mr. Udall (Colorado), Mrs. nificantly over the past five years’’; (5) in subsection (d)— Hagan, Mr. Begich, Mr. Burris, and Mr. Kirk. Whereas, while 4 in 10 Americans have con- (A) in paragraph (11), by striking ‘‘and’’ at COMMITTEE ON HEALTH, EDUCATION, sidered adoption, a majority of Americans the end; LABOR AND PENSIONS: Mr. Harkin (Chair- have misperceptions about the process of (B) in paragraph (12), by striking the pe- man), Mr. Dodd, Ms. Mikulski, Mr. Binga- adopting children from foster care and the riod at the end and inserting ‘‘; and’’; and man, Mrs. Murray, Mr. Reed, Mr. Sanders, children who are eligible for adoption; (C) by adding at the end the following: Mr. Brown, Mr. Casey, Mrs. Hagan, Mr. Whereas 71 percent of those who have con- ‘‘(13) the term ‘false travel document’ Merkley, Mr. Franken, and Mr. Bennet. sidered adoption consider adopting children means a document issued for the use of a COMMITTEE ON HOMELAND SECURITY from foster care above other forms of adop- particular, identified individual and of a AND GOVERNMENTAL AFFAIRS: Mr. tion; type intended or commonly accepted for the Lieberman (Chairman), Mr. Levin, Mr. Whereas 45 percent of Americans believe purposes of passage on a commercial aircraft Akaka, Mr. Carper, Mr. Pryor, Ms. Landrieu, that children enter the foster care system or mass transportation vehicle, including a Mrs. McCaskill, Mr. Tester, Mr. Burris, and because of juvenile delinquency, when in re- ticket or boarding pass, that— Mr. Kirk. ality the vast majority of children who have ‘‘(A) was not issued by or under the author- JOINT ECONOMIC COMMITTEE: Mr. entered the foster care system were victims ity of a commercial airline or mass transpor- Schumer (Vice Chairman), Mr. Bingaman, of neglect, abandonment, or abuse; tation provider, but appears to be issued by Ms. Klobuchar, Mr. Casey, Mr. Webb, and Mr. Whereas 46 percent of Americans believe Warner. that foster care adoption is expensive, when or under the authority of a commercial air- in reality there is no substantial cost for line or mass transportation provider; or f adopting from foster care and financial sup- ‘‘(B) was issued by or under the authority SENATE RESOLUTION 291—EX- port is available to adoptive parents after of a commercial airline or mass transpor- PRESSING SUPPORT FOR THE the adoption is finalized; tation provider, and was subsequently al- Whereas both National Adoption Day and tered for purposes of deceit.’’; and GOALS OF NATIONAL ADOPTION National Adoption Month occur in Novem- (6) in subsection (h), by inserting ‘‘false DAY AND NATIONAL ADOPTION ber; travel documents,’’ after ‘‘identification doc- MONTH BY PROMOTING NA- Whereas National Adoption Day is a collec- uments,’’. TIONAL AWARENESS OF ADOP- tive national effort to find permanent, loving (b) TECHNICAL AMENDMENT.—The table of TION AND THE CHILDREN families for children in the foster care sys- sections for chapter 47 of title 18, United AWAITING FAMILIES, CELE- tem; States Code, is amended by striking the item BRATING CHILDREN AND FAMI- Whereas, since the first National Adoption related to section 1028 and inserting the fol- LIES INVOLVED IN ADOPTION, Day in 2000, more than 25,000 children have lowing: AND ENCOURAGING AMERICANS joined forever families during National TO SECURE SAFETY, PERMA- Adoption Day; ‘‘1028. Fraud and related activity in connec- NENCY, AND WELL-BEING FOR Whereas, in 2008, adoptions were finalized tion with identification docu- ALL CHILDREN for over 4,500 children through more than 325 ments, false travel documents, National Adoption Day events in all 50 authentication features, and in- Ms. LANDRIEU (for herself, Mrs. States, the District of Columbia, Puerto formation.’’. LINCOLN, Mr. LEVIN, Mr. BURR, Mr. Rico, and Guam; and

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9937 Whereas the President traditionally issues Resolved, That the Senate— of Representatives and transmit an enrolled an annual proclamation to declare November (1) congratulates the Park View All-Star copy thereof to the family of the deceased. as National Adoption Month, and National Little League team from Chula Vista, Cali- Resolved, That when the Senate adjourns Adoption Day is on November 21, 2009: Now, fornia for winning the 2009 Little League today, it stand adjourned as a further mark therefore, be it World Series championship; and of respect to the memory of the Honorable Resolved, That the Senate— (2) commends the families, coaches, volun- Henry Bellmon. (1) supports the goals and ideals of Na- teers, and community of the team, whose un- f tional Adoption Day and National Adoption told dedication and countless hours of vol- Month; unteerism contributed to the team’s success AMENDMENTS SUBMITTED AND (2) recognizes that every child should have on and off the field. PROPOSED a permanent and loving family; and f (3) encourages the citizens of the United SA 2558. Mr. MCCAIN proposed an amend- States to consider adoption during the SENATE RESOLUTION 293—REL- ment to the bill H.R. 3326, making appropria- month of November and all throughout the ATIVE TO THE DEATH OF HENRY tions for the Department of Defense for the year. fiscal year ending September 30, 2010, and for LOUIS BELLMON, FORMER other purposes. f UNITED STATES SENATOR FOR SA 2559. Mr. SANDERS (for himself, Mr. SENATE RESOLUTION 292—CON- THE STATE OF OKLAHOMA BYRD, and Mr. FEINGOLD) submitted an GRATULATING THE PARK VIEW Mr. REID (for himself, Mr. MCCON- amendment intended to be proposed by him to the bill H.R. 3326, supra; which was or- ALL-STAR LITTLE LEAGUE NELL, Mr. INHOFE, Mr. COBURN, Mr. dered to lie on the table. TEAM FOR WINNING THE 2009 AKAKA, Mr. ALEXANDER, Mr. BARRASSO, SA 2560. Mr. MCCAIN (for himself, Mr. LITTLE LEAGUE WORLD SERIES Mr. BAUCUS, Mr. BAYH, Mr. BEGICH, Mr. FEINGOLD, and Mr. COBURN) submitted an CHAMPIONSHIP BENNET, Mr. BENNETT, Mr. BINGAMAN, amendment intended to be proposed by him Mrs. BOXER (for herself and Mrs. Mr. BOND, Mrs. BOXER, Mr. BROWN, Mr. to the bill H.R. 3326, supra; which was or- FEINSTEIN) submitted the following res- BROWNBACK, Mr. BUNNING, Mr. BURR, dered to lie on the table. olution; which was referred to the Mr. BURRIS, Mr. BYRD, Ms. CANTWELL, SA 2561. Mr. CASEY submitted an amend- Committee on the Judiciary: Mr. CARDIN, Mr. CARPER, Mr. CASEY, ment intended to be proposed by him to the Mr. CHAMBLISS, Mr. COCHRAN, Ms. COL- bill H.R. 3326, supra; which was ordered to lie S. RES. 292 on the table. LINS, Mr. CONRAD, Mr. CORKER, Mr. Whereas on August 30, 2009, the Park View SA 2562. Mr. REID submitted an amend- All-Star Little League team, affectionately CORNYN, Mr. CRAPO, Mr. DEMINT, Mr. ment intended to be proposed by him to the known as the ‘‘Blue Bombers’’, of Chula DODD, Mr. DORGAN, Mr. DURBIN, Mr. bill H.R. 3326, supra; which was ordered to lie Vista, California defeated the Kuei-Shan Lit- ENSIGN, Mr. ENZI, Mr. FEINGOLD, Mrs. on the table. tle League team of Chinese Taipei, by a score FEINSTEIN, Mr. FRANKEN, Mrs. SA 2563. Mr. COBURN submitted an amend- of 6–3 to win the 2009 Little League World Se- GILLIBRAND, Mr. GRAHAM, Mr. GRASS- ment intended to be proposed by him to the ries at Williamsport, Pennsylvania, becom- LEY, Mr. GREGG, Mrs. HAGAN, Mr. HAR- bill H.R. 3326, supra; which was ordered to lie ing the 2009 Little League World Series KIN, Mr. HATCH, Mrs. HUTCHISON, Mr. on the table. champions; INOUYE, Mr. ISAKSON, Mr. JOHANNS, Mr. SA 2564. Mr. COBURN submitted an amend- Whereas in their previous game, the Blue ment intended to be proposed by him to the JOHNSON, Mr. KAUFMAN, Mr. KERRY, Bombers defeated a versatile and dynamic bill H.R. 3326, supra; which was ordered to lie team from San Antonio, Texas, winning 12–2 Mr. KIRK, Ms. KLOBUCHAR, Mr. KOHL, on the table. in 4 innings to become the United States Lit- Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- SA 2565. Mr. COBURN submitted an amend- tle League champions; BERG, Mr. LEMIEUX, Mr. LEAHY, Mr. ment intended to be proposed by him to the Whereas the Park View All-Star Little LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, bill H.R. 3326, supra; which was ordered to lie League team is the first San Diego County Mr. LUGAR, Mr. MCCAIN, Mrs. on the table. team to win a Little League World Series MCCASKILL, Mr. MENENDEZ, Mr. SA 2566. Mr. COBURN submitted an amend- championship since 1961 and the first team MERKLEY, Ms. MIKULSKI, Ms. MUR- ment intended to be proposed by him to the from California to win the championship bill H.R. 3326, supra; which was ordered to lie KOWSKI, Mrs. MURRAY, Mr. NELSON of since 1993; on the table. Whereas 2009 is the fifth time a Little Nebraska, Mr. NELSON of Florida, Mr. SA 2567. Mr. BARRASSO submitted an League World Series champion has been PRYOR, Mr. REED, Mr. RISCH, Mr. ROB- amendment intended to be proposed by him crowned from California and the 31st time a ERTS, Mr. ROCKEFELLER, Mr. SANDERS, to the bill H.R. 3326, supra; which was or- United States team has won the Little Mr. SCHUMER, Mr. SESSIONS, Mrs. dered to lie on the table. League World Series championship; SHAHEEN, Mr. SHELBY, Ms. SNOWE, Mr. SA 2568. Mr. KYL submitted an amend- Whereas the Blue Bombers set the record SPECTER, Ms. STABENOW, MR. TESTER, ment intended to be proposed by him to the for most home runs in the Little League Mr. THUNE, Mr. UDALL of Colorado, Mr. bill H.R. 3326, supra; which was ordered to lie World Series, with 19 home runs overall in on the table. UDALL of New Mexico, Mr. VITTER, Mr. the tournament, besting the previous record SA 2569. Mr. COBURN submitted an amend- by an incredible 6 home runs; VOINOVICH, Mr. WARNER, Mr. WEBB, Mr. ment intended to be proposed by him to the Whereas the Park View All-Star Little WHITEHOUSE, Mr. WICKER, and Mr. bill H.R. 3326, supra; which was ordered to lie League team is comprised of: Bradley Ro- WYDEN) submitted the following reso- on the table. berto, Andy Rios, Markus Melin, Nick lution; which was considered and SA 2570. Mrs. FEINSTEIN (for herself and Conlin, Seth Godfrey, Bulla Graft, Daniel agreed to: Mr. LEAHY) submitted an amendment in- Porras, Jr., Jensen Peterson, Kiko Garcia, S. RES. 293 tended to be proposed by her to the bill H.R. Luke Ramirez, Isaiah Armenta, and Oscar 3326, supra; which was ordered to lie on the Whereas Henry Bellmon served as a United Castro; table. States Marine from 1942–1946, where he Whereas the Park View All-Star Little SA 2571. Mr. BYRD submitted an amend- served as a platoon tank commander in the League championship team is coached by Ric ment intended to be proposed by him to the Pacific theater, and was awarded the Legion Ramirez and managed by Oscar Castro; bill H.R. 3326, supra; which was ordered to lie of Merit for his service in Saipan and the Sil- Whereas true to the Little League pledge, on the table. ver Star for bravery in action on Iwo Jima; the Blue Bombers played with heart, dignity, Whereas Henry Bellmon served as a Major SA 2572. Mr. DODD (for himself and Mr. and class and, in a gesture of extraordinary in the Marine Corps Reserve until 1954; CHAMBLISS) submitted an amendment in- sportsmanship, the Blue Bombers invited the Whereas Henry Bellmon served two non- tended to be proposed by him to the bill H.R. Chinese Taipei team to join them on their consecutive terms as governor of the State 3326, supra; which was ordered to lie on the victory lap around the field at Williamsport; of Oklahoma from 1963–1967, when he was table. Whereas while the Park View All-Star Lit- elected as the state’s first Republican gov- SA 2573. Mr. CARDIN submitted an amend- tle League team is made up of 12 all-stars ernor, and from 1987–1991; and ment intended to be proposed by him to the that won the championship, the entire Whereas Henry Bellmon served the people bill H.R. 3326, supra; which was ordered to lie league is made up of more than 400 players of Oklahoma with distinction for 12 years in on the table. and thousands of family members of players, the United States Senate from 1969–1981; SA 2574. Mr. MCCAIN submitted an amend- who are all part of this success; and Resolved, that the Senate has heard with ment intended to be proposed by him to the Whereas the victory by the Park View All- profound sorrow and deep regret the an- bill H.R. 3326, supra; which was ordered to lie Star Little League team has brought tre- nouncement of the death of the Honorable on the table. mendous excitement and pride to the city of Henry Bellmon, former member of the SA 2575. Mr. MCCAIN submitted an amend- Chula Vista, the county of San Diego, the United States Senate. ment intended to be proposed by him to the State of California, and the United States: Resolved, That the Secretary of the Senate bill H.R. 3326, supra; which was ordered to lie Now, therefore, be it communicate these resolutions to the House on the table.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9938 CONGRESSIONAL RECORD — SENATE September 29, 2009 TEXT OF AMENDMENTS propriations for the Department of De- him to the bill H.R. 3326, making ap- SA 2558. Mr. MCCAIN proposed an fense for the fiscal year ending Sep- propriations for the Department of De- amendment to the bill H.R. 3326, mak- tember 30, 2010, and for other purposes; fense for the fiscal year ending Sep- ing appropriations for the Department which was ordered to lie on the table; tember 30, 2010, and for other purposes; of Defense for the fiscal year ending as follows: which was ordered to lie on the table; September 30, 2010, and for other pur- At the appropriate place, insert the fol- as follows: poses; as follows: lowing: At the appropriate place, insert the fol- SEC. ll. (a) LIMITATION ON AVAILABILITY lowing: At the appropriate place, insert the fol- OF FUNDS FOR EXECUTION OF CONTRACTS SEC. lll. (a) Notwithstanding any other lowing: UNDER LOGCAP.—None of the funds appro- provision of this Act and except as provided SEC. ll. (a) REDUCTION OF AIRCRAFT PRO- priated or otherwise made available by this in subsection (b), any report required to be CUREMENT, AIR FORCE, FOR EXCESS AMOUNTS Act may be obligated or expended for the submitted by a Federal agency or depart- FOR C–17 AIRCRAFT.—The amount appro- execution of a contract under the Logistics ment to the Committee on Appropriations of priated by title III under the heading ‘‘AIR- Civil Augmentation Program (LOGCAP) un- either the Senate or the House of Represent- CRAFT PROCUREMENT, AIR FORCE’’ is hereby less the Secretary of the Army determines atives in this Act shall be posted on the pub- reduced by $2,500,000,000, the amount equal to that the contract explicitly requires the con- lic website of that agency upon receipt by the amount by which the amount available tractor to inspect and immediately correct the committee. under that heading for the procurement of C– deficiencies that present an imminent threat (b) Subsection (a) shall not apply to a re- 17 aircraft exceeds the amount requested by of death or serious bodily injury so as to en- port if— the President in the budget for the Depart- sure compliance with the United States Na- (1) the public posting of the report com- ment of Defense for fiscal year 2010 for the tional Electric Code in work under the con- promises national security; or procurement of such aircraft, with the tract. (2) the report contains proprietary infor- amount of the reduction to be allocated to (b) WAIVER.—The Secretary of the Army mation. amounts otherwise available for the procure- may waive the applicability of the limita- ment of such aircraft. tion in subsection (a) to any contract if the SA 2564. Mr. COBURN submitted an (b) AVAILABILITY FOR OPERATION AND MAIN- Secretary certifies in writing to Congress amendment intended to be proposed by TENANCE.—The amount appropriated by title that— II for Operation and Maintenance is hereby (1) the waiver is necessary for the provi- him to the bill H.R. 3326, making ap- increased by $2,438,403,000, in accordance sion of essential services to troops in the propriations for the Department of De- with amounts requested by the President in field; or fense for the fiscal year ending Sep- the budget for the Department of Defense for (2) the work under such contract does not tember 30, 2010, and for other purposes; fiscal year 2010. present an imminent threat of death or seri- which was ordered to lie on the table; (c) AVAILABILITY FOR OPERATION AND MAIN- ous bodily injury. as follows: TENANCE, ARMY, FOR OVERSEAS CONTINGENCY On page 239, beginning on line 21, strike OPERATIONS.—The amount appropriated by SA 2562. Mr. REID submitted an ‘‘the total amount’’ and all that follows title IX under the heading ‘‘OPERATION AND amendment intended to be proposed by through ‘‘$236,000,000’’ and insert ‘‘the total MAINTENANCE, ARMY’’, is hereby increased by him to the bill H.R. 3326, making ap- $61,597,000. amount appropriated in title III of this Act propriations for the Department of De- is hereby reduced by $322,000,000, the total fense for the fiscal year ending Sep- SA 2559. Mr. SANDERS (for himself, amount appropriated in title IV of this Act tember 30, 2010, and for other purposes; is hereby reduced by $530,000’’. Mr. BYRD, and Mr. FEINGOLD) sub- which was ordered to lie on the table; mitted an amendment intended to be as follows: SA 2565. Mr. COBURN submitted an proposed by him to the bill H.R. 3326, amendment intended to be proposed by making appropriations for the Depart- On page 245, between lines 8 and 9, insert the following: him to the bill H.R. 3326, making ap- ment of Defense for the fiscal year end- SEC. 8104. (a) It is the sense of Congress propriations for the Department of De- ing September 30, 2010, and for other that— fense for the fiscal year ending Sep- purposes; which was ordered to lie on (1) the Nevada Test Site of the National tember 30, 2010, and for other purposes; the table; as follows: Nuclear Security Administration can play an which was ordered to lie on the table; At the appropriate place, insert the fol- effective and essential role in developing and demonstrating— as follows: lowing: On page 177, line 23, strike ‘‘the moderniza- EC. . Of the amount appropriated or (A) innovative and effective methods for S ll tion’’ and all that follows through line 25 and otherwise made available by title IV under treaty verification and the detection of nu- insert the following: ‘‘and the Secretary of the heading ‘‘RESEARCH, DEVELOPMENT, clear weapons and other materials; and Defense, who upon completion of a thorough TEST, AND EVALUATION, ARMY’’, $12,000,000 (B) related threat reduction technologies; review, shall provide to each standing com- shall be available for the peer-reviewed Gulf and mittee of Congress a modernization priority War Illness Research Program of the Army (2) the Administrator for Nuclear Security assessment for their respective Reserve or run by Congressionally Directed Medical Re- should expand the mission of the Nevada National Guard component.’’. search Programs. Test Site to carry out the role described in paragraph (1), including by— SA 2566. Mr. COBURN submitted an SA 2560. Mr. MCCAIN (for himself, (A) fully utilizing the inherent capabilities and uniquely secure location of the Site; amendment intended to be proposed by Mr. FEINGOLD, and Mr. COBURN) sub- (B) continuing to support the Nation’s nu- him to the bill H.R. 3326, making ap- mitted an amendment intended to be clear weapons program and other national propriations for the Department of De- proposed by him to the bill H.R. 3326, security programs; and fense for the fiscal year ending Sep- making appropriations for the Depart- (C) renaming the Site to reflect the ex- tember 30, 2010, and for other purposes; ment of Defense for the fiscal year end- panded mission of the Site. which was ordered to lie on the table; ing September 30, 2010, and for other (b) Not later than one year after the date as follows: purposes; which was ordered to lie on of the enactment of this Act, the Adminis- the table; as follows: trator for Nuclear Security shall submit to At the appropriate place, insert the fol- the congressional defense committees a plan lowing: At the appropriate place, insert the fol- for improving the infrastructure of the Ne- SEC. ll. No amounts appropriated or oth- lowing: vada Test Site of the National Nuclear Secu- erwise made available by this Act may be ob- SEC. lll. Any specific project contained rity Administration— ligated or expended to fund any congression- in the Joint Explanatory statement accom- (1) to fulfill the expanded mission of the ally directed spending item included in the panying this Act that is considered a con- Site described in subsection (a); and report of the Committee on Appropriations gressional earmark for purposes of clause 9 (2) to make the Site available to support of the Senate (Senate Report 111–74) with re- of rule XXI of the Rules of the House of Rep- the threat reduction programs of the entire spect to any account as follows: resentatives or a congressionally directed national security community, including (1) Operation and Maintenance, Army. spending item as defined in rule XLIV of the threat reduction programs of the National (2) Operation and Maintenance, Navy. Standing Rules of the Senate, when intended Nuclear Security Administration, the De- (3) Operation and Maintenance, Marine to be awarded to a for-profit entity, shall be fense Threat Reduction Agency, the Depart- Corps. awarded under full and open competition. ment of Homeland Security, and other agen- (4) Operation and Maintenance, Air Force. cies as appropriate. (5) Operation and Maintenance, Defense- SA 2561. Mr. CASEY submitted an Wide. amendment intended to be proposed by SA 2563. Mr. COBURN submitted an (6) Operation and Maintenance, Army Re- him to the bill H.R. 3326, making ap- amendment intended to be proposed by serve.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9939 (7) Operation and Maintenance, Navy Re- than 1 percent unexploded ordnance across SEC. 8104. TEMPORARY AUTHORITY FOR MONTH- serve. the range of intended operational environ- LY SPECIAL PAY FOR MEMBERS OF (8) Operation and Maintenance, Marine ments; and THE ARMED FORCES SUBJECT TO Corps Reserve. (2) the policy applicable to the use of such CONTINUING ACTIVE DUTY OR SERVICE UNDER STOP-LOSS AU- (9) Operation and Maintenance, Air Force cluster munitions specifies that the cluster THORITIES. munitions will only be used against clearly Reserve. (a) SPECIAL PAY AUTHORIZED.—The Sec- (10) Operation and Maintenance, Army Na- defined military targets and will not be used retary of the military department concerned tional Guard where civilians are known to be present or in may pay monthly special pay to any member (11) Operation and Maintenance, Air Na- areas normally inhabited by civilians. of the Armed Forces described in subsection (b) The President may waive the require- tional Guard. (b) for any month or portion of a month in ment under subsection (a)(1) if, prior to the Mr. BARRASSO submitted use of cluster munitions, the President— which the member serves on active duty in SA 2567. the Armed Forces or active status in a re- an amendment intended to be proposed (1) certifies that it is vital to protect the security of the United States; and serve component of the Armed Forces, in- by him to the bill H.R. 3326, making ap- cluding time served performing pre-deploy- propriations for the Department of De- (2) not later than 30 days after making such certification, submits to the appro- ment and re-integration duty regardless of fense for the fiscal year ending Sep- priate congressional committees a report, in whether or not such duty was performed by tember 30, 2010, and for other purposes; classified form if necessary, describing in de- such a member on active duty in the Armed which was ordered to lie on the table; tail— Forces, or has the member’s eligibility for as follows: (A) the steps that will be taken to protect retirement from the Armed Forces sus- pended, as described in that subsection. At the appropriate place, insert the fol- civilians; and (B) the failure rate of the cluster muni- (b) COVERED MEMBERS.—A member of the lowing: Armed Forces described in this subsection is SEC. ll. No amounts appropriated or oth- tions that will be used and whether such mu- any member of the Army, Navy, Air Force, erwise made available by this Act may be nitions are fitted with self-destruct or self- or Marine Corps (including a member of a re- available for the Center on Climate Change deactivation devices. serve component thereof) who, at any time and National Security of the Central Intel- (c) In this section, the term ‘‘appropriate during the period beginning on September 11, ligence Agency. congressional committees’’ means— (1) the Committee on Foreign Relations, 2001, and ending on June 30, 2011, serves on SA 2568. Mr. KYL submitted an the Committee on Armed Services, and the active duty in the Armed Forces or active amendment intended to be proposed by Committee on Appropriations of the Senate; status in a reserve component of the Armed and Forces, including time served performing him to the bill H.R. 3326, making ap- pre-deployment and re-integration duty re- propriations for the Department of De- (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Com- gardless of whether or not such duty was per- fense for the fiscal year ending Sep- mittee on Appropriations of the House of formed by such a member on active duty in tember 30, 2010, and for other purposes; Representatives. the Armed Forces, while the member’s en- which was ordered to lie on the table; listment or period of obligated service is ex- as follows: SA 2571. Mr. BYRD submitted an tended, or has the member’s eligibility for At the appropriate place, insert the fol- amendment intended to be proposed by retirement suspended, pursuant to section lowing: him to the bill H.R. 3326, making ap- 123 or 12305 of title 10, United States Code, or SEC. ll. Of the amounts appropriated or propriations for the Department of De- any other provision of law (commonly re- otherwise made available by title II under fense for the fiscal year ending Sep- ferred to as a ‘‘stop-loss authority’’) author- izing the President to extend an enlistment the heading ‘‘OPERATION AND MAINTENANCE, tember 30, 2010, and for other purposes; DEFENSE-WIDE’’ and available for the Office or period of obligated service, or suspend eli- which was ordered to lie on the table; gibility for retirement, of a member of the of the Secretary of Defense, up to $250,000 as follows: may be available to the Under Secretary of uniformed services in time of war or of na- Defense for Policy for the declassification of At the appropriate place, insert the fol- tional emergency declared by Congress or the nuclear posture review conducted under lowing: the President. SEC. ll. (a) REPORT ON USE OF LIVE PRI- section 1041 of the Floyd D. Spence National (c) AMOUNT.—The amount of monthly spe- MATES IN TRAINING RELATING TO CHEMICAL Defense Authorization Act for Fiscal Year cial pay payable to a member under this sec- AND BIOLOGICAL AGENTS.—Not later than 90 2001 (as enacted into law by Public Law 106– tion for a month may not exceed $500. days after the date of the enactment of this 398; 114 Stat. 1654A–262) upon the release of (d) CONSTRUCTION WITH OTHER PAYS.— Act, the Secretary of Defense shall submit to Monthly special pay payable to a member the nuclear posture review to succeed such the congressional defense committees a re- nuclear posture review. under this section is in addition to any other port setting forth a detailed description of amounts payable to the member by law. the requirements for the use by the Depart- SA 2569. Mr. COBURN submitted an (e) FUNDING.— ment of Defense of live primates at the (1) IN GENERAL.—In addition to the amendment intended to be proposed by United States Army Medical Research Insti- him to the bill H.R. 3326, making ap- amounts appropriated or otherwise made tute of Chemical Defense, and elsewhere, to available elsewhere in this Act, $29,000,000 is propriations for the Department of De- demonstrate the effects of chemical or bio- hereby appropriated to the Secretary of De- fense for the fiscal year ending Sep- logical agents or chemical (such as physo- fense to carry out this section. Such amount stigmine) or biological agent simulants in tember 30, 2010, and for other purposes; shall be made available to the Secretaries of training programs. which was ordered to lie on the table; the military departments only to provide (b) ELEMENTS.—The report required by sub- as follows: section (a) shall include, at a minimum, the special pay during fiscal year 2010 to mem- On page 239, beginning on line 21, strike following: bers of the Armed Forces described in sub- ‘‘the total amount’’ and all that follows (1) The number of live primates used in the section (b) as provided in this section. through ‘‘$236,000,000’’ and insert ‘‘the total training described in subsection (a). (2) OFFSET.—The amount appropriated or amount appropriated in title III of this Act (2) The average lifespan of primates from otherwise made available by title II under is hereby reduced by $322,000,000, the total the point of introduction into such training the heading ‘‘OPERATION AND MAINTENANCE, amount appropriated in title IV of this Act programs. ARMY’’ is hereby reduced by $29,000,000. is hereby reduced by $530,000,000’’. (3) An explanation why the use of primates in such training is more advantageous and SA 2573. Mr. CARDIN submitted an SA 2570. Mrs. FEINSTEIN (for herself realistic than the use of human simulators amendment intended to be proposed by and Mr. LEAHY) submitted an amend- or other alternatives. him to the bill H.R. 3326, making ap- ment intended to be proposed by her to (4) An estimate of the cost of converting propriations for the Department of De- the bill H.R. 3326, making appropria- from the use of primates to human simula- fense for the fiscal year ending Sep- tions for the Department of Defense for tors in such training. tember 30, 2010, and for other purposes; the fiscal year ending September 30, which was ordered to lie on the table; SA 2572. Mr. DODD (for himself and 2010, and for other purposes; which was as follows: Mr. CHAMBLISS) submitted an amend- ordered to lie on the table; as follows: ment intended to be proposed by him At the appropriate place, insert the fol- On page 245, between lines 8 and 9, insert to the bill H.R. 3326, making appropria- lowing: SEC. ll. (a) ADDITIONAL AMOUNT FOR the following: tions for the Department of Defense for SEC. 8104. (a) No funds appropriated or oth- RDTE, DEFENSE-WIDE, FOR INTEGRATED erwise available by this Act may be obli- the fiscal year ending September 30, CHEMICAL AND BIOLOGICAL DETECTION SYS- gated or expended to use any cluster muni- 2010, and for other purposes; which was TEM.—The amount appropriated by title IV tions unless— ordered to lie on the table; as follows: under the heading ‘‘RESEARCH, DEVELOP- (1) the submunitions of the cluster muni- On page 245, between lines 8 and 9, insert MENT, TEST, AND EVALUATION, DEFENSE- tions, after arming, do not result in more the following: WIDE’’ is hereby increased by $3,600,000, with

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9940 CONGRESSIONAL RECORD — SENATE September 29, 2009 the amount of the increase to be available For further information, please con- Security and Governmental Affairs be for the Integrated Chemical and Biological tact Jonathan Black at (202) 224–6722 or authorized to meet during the session Detection System. Gina Weinstock at (202) 224–5684. of the Senate on September 29, 2009, at (b) OFFSET.—The amount appropriated by 10 a.m. to conduct a hearing entitled, title II under the heading ‘‘OPERATION AND SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS ‘‘Improving Transparency and Accessi- MAINTENANCE, ARMY’’ is hereby decreased by Mr. BINGAMAN. Mr. President, I $3,600,000, with the amount of the decrease to would like to announce for the infor- bility of Federal Contracting Data- be allocated to amounts available for Instal- mation of the Senate and the public bases.’’ lation Processing Node–Phase IIa. that a hearing previously announced The PRESIDING OFFICER. Without before the Subcommittee on Public objection, it is so ordered. SA 2574. Mr. MCCAIN submitted an SUBCOMMITTEE ON CHILDREN’S HEALTH amendment intended to be proposed by Lands and Forests on Thursday, Octo- ber 1, 2009, at 2:30 p.m., is postponed Mr. INOUYE. Mr. President, I ask him to the bill H.R. 3326, making ap- unanimous consent that the Sub- propriations for the Department of De- until a later date. The purpose of the hearing was to re- committee on Children’s Health of the fense for the fiscal year ending Sep- Committee on Environment and Public ceive testimony on managing Federal tember 30, 2010, and for other purposes; Works be authorized to meet during forests in response to climate change, which was ordered to lie on the table; the session of the Senate on September including for natural resource adapta- as follows: 29, 2009, at 9:30 a.m. in Dirksen room tion and carbon sequestration. 406 to hold a hearing entitled, ‘‘Pro- At the appropriate place, insert the fol- For further information, please con- lowing: moting and Improving Children’s tact Scott Miller at (202) 224–5488 or Al- SEC. ll. The amount appropriated by Health Protections.’’ title III under the heading ‘‘AIRCRAFT PRO- lison Seyferth at (202) 224–4905. The PRESIDING OFFICER. Without CUREMENT, AIR FORCE’’ is hereby reduced by f objection, it is so ordered. $2,500,000,000, the amount equal to the amount by which the amount available AUTHORITY FOR COMMITTEES TO f under that heading for the procurement of C– MEET PRIVILEGES OF THE FLOOR 17 aircraft exceeds the amount requested by COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. BOND. Mr. President, I ask unan- the President in the budget for the Depart- AFFAIRS ment of Defense for fiscal year 2010 for the imous consent that my military fellow, procurement of such aircraft, with the Mr. INOUYE. Mr. President, I ask LTC John Moreth, be granted floor amount of the reduction to be allocated to unanimous consent that the Com- privileges for the duration of the con- amounts otherwise available for the procure- mittee on Banking, Housing, and sideration of H.R. 3326 on the floor. ment of such aircraft. Urban Affairs be authorized to meet The PRESIDING OFFICER. Without during the session of the Senate on objection, it is so ordered. SA 2575. Mr. MCCAIN submitted an September 29, 2009, at 2 p.m. to conduct Mr. INOUYE. Mr. President, I ask amendment intended to be proposed by a hearing entitled ‘‘Strengthening and unanimous consent that a military fel- him to the bill H.R. 3326, making ap- Streamlining Prudential Bank Super- low in the office of Senator CHRIS- propriations for the Department of De- vision.’’ TOPHER DODD, CPT Lindsay George, be fense for the fiscal year ending Sep- The PRESIDING OFFICER. Without granted floor privileges for the consid- tember 30, 2010, and for other purposes; objection, it is so ordered. eration of H.R. 3326, the Defense appro- which was ordered to lie on the table; COMMITTEE ON FINANCE priations bill. as follows: Mr. INOUYE. Mr. President, I ask The PRESIDING OFFICER. Without At the appropriate place, insert the fol- unanimous consent that the Com- objection, it is so ordered. lowing: mittee on Finance be authorized to f SEC. ll. (a) TESTIMONY BEFORE CONGRESS ON MEETING UNITED STATES OBJECTIVES ON meet during the session of the Senate EXECUTIVE SESSION AFGHANISTAN AND PAKISTAN.—The officials on September 29, 2009, at 10 a.m., in specified subsection (b) shall each be made room 216 of the Hart Senate Office available, by not later than November 15, Building. EXECUTIVE CALENDAR 2009, to testify in open and closed sessions The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- before the relevant committees of Congress objection, it is so ordered. imous consent the Senate proceed to regarding recommendations for additional COMMITTEE ON HOMELAND SECURITY AND forces and resources required to achieve the executive session to consider Calendar GOVERNMENTAL AFFAIRS objectives of United States policy with re- Nos. 459, 460, 461, that the nominations spect to Afghanistan and Pakistan stated Mr. INOUYE. Mr. President, I ask be confirmed en bloc, the motions to pursuant to section 1117(a) of the Supple- unanimous consent that the Com- reconsider be laid on the table en bloc, mental Appropriations Act, 2009 (Public Law mittee on Homeland Security and Gov- that no further motions be in order and 111–32; 123 Stat. 1907). ernmental Affairs be authorized to any statements relating to the nomina- (b) OFFICIALS.—The officials specified in meet during the session of the Senate tions be printed in the RECORD as if this subsection are the following: on September 29, 2009. read; provided further that the Presi- (1) The Commander of the United States Central Command. The PRESIDING OFFICER. Without dent be immediately notified of the (2) The Commander of the United States objection, it is so ordered. Senate’s action and the Senate return European Command and Supreme Allied COMMITTEE ON THE JUDICIARY to legislative session. Command, Europe. Mr INOUYE. Mr. President, I ask The PRESIDING OFFICER. Without (3) The Commander of United States unanimous consent that the Com- objection, it is so ordered. The nominations considered and con- Forces–Afghanistan. mittee on the Judiciary, Sub- (4) The United States Ambassador to Af- firmed en bloc are as follows: ghanistan committee on Crime and Drugs, be au- thorized to meet during the session of DEPARTMENT OF JUSTICE f the Senate, on September 29, 2009, at Jenny A. Durkan, of Washington, to be NOTICES OF HEARINGS– United States Attorney for the Western Dis- 2:30 p.m., in room SD–226 of the Dirk- trict of Washington for the term of four COMMITTEE ON ENERGY AND NATURAL sen Senate Office Building, to conduct years. RESOURCES a hearing entitled ‘‘Body Building Florence T. Nakakuni, of Hawaii, to be Mr. BINGAMAN. Mr. President, I Products and Hidden Steroids: Enforce- United States Attorney for the District of would like to announce for the infor- ment Barriers.’’ Hawaii for the term of four years. The PRESIDING OFFICER. Without Deborah K.R. Gilg, of Nebraska, to be mation of the Senate and the public United States Attorney for the District of that a hearing previously announced objection, it is so ordered. Nebraska for the term of four years. AD HOC SUBCOMMITTEE ON CONTRACTING for Thursday, October 1, 2009, at 9:45 f p.m., is postponed until a later date. OVERSIGHT The purpose of the hearing was to re- Mr. INOUYE. Mr. President, I ask LEGISLATIVE SESSION ceive testimony on Energy and Related unanimous consent that the Ad Hoc The PRESIDING OFFICER. Under Economic Effects of Global Climate Subcommittee on Contracting Over- the previous order, the Senate returns Change Legislation. sight of the Committee on Homeland to legislative session.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 29, 2009 CONGRESSIONAL RECORD — SENATE S9941 UNANIMOUS CONSENT AGREE- The bill (H.R. 3593) was ordered to a Whereas cybersecurity is a critical part of MENT—CONFERENCE REPORT TO third reading, was read the third time, the United States national security and eco- ACCOMPANY H.R. 2918 and passed. nomic security; The bill (H.R. 2131) was ordered to a Whereas the United States critical infra- Mr. REID. Mr. President, I ask unan- structures and economy rely on the secure imous consent that on Wednesday, Sep- third reading, was read the third time, and passed. and reliable operation of information net- tember 30, following a period of morn- works to support the United States military, ing business, the Senate proceed to f civilian government, energy, telecommuni- consider the conference report to ac- CYBERSECURITY AWARENESS cations, financial services, transportation, company H.R. 2918, the Legislative MONTH health care, and emergency response sys- tems; Branch appropriations; that all debate Mr. REID. Mr. President, I ask unan- time until 4:30 be equally divided and Whereas Internet users and information in- imous consent that the Commerce, frastructure owners and operators face an in- controlled between Senators NELSON of Science, and Transportation Commit- creasing threat of malicious crime and fraud Nebraska and Senator MURKOWSKI or tees be discharged from further consid- attacks through viruses, worms, Trojans, their designees; that if points of order eration of S. Res. 285, and that the Sen- and unwanted programs such as spyware, are raised, any vote on the motions to ate proceed to its consideration. adware, hacking tools, and password steal- waive occur beginning at 4:30 p.m. to- The PRESIDING OFFICER. Without ers, that are frequent and fast in propaga- morrow and that no amendments be in objection, it is so ordered. tion, are costly to repair, and may disable order to the motions; I further ask con- The clerk will report the resolution entire systems; sent that following the disposition of by title. Whereas millions of records containing points of order, and if the motions to The legislative clerk read as follows: personally identifiable information have waive are successful, the Senate then A resolution (S. Res. 285) supporting the been lost, stolen, or breached, threatening proceed to the adoption of the con- goals and ideals of national cybersecurity the security and financial well-being of ference report immediately, with 2 awareness month and raising and enhancing United States citizens; minutes of debate, equally divided, the state of cybersecurity in the United Whereas consumers face significant finan- prior to each vote. States. cial and personal privacy losses due to per- There being no objection, the Senate sonally identifiable information being more The PRESIDING OFFICER. Without exposed to theft and fraud than ever before; proceeded to consider the resolution. objection, it is so ordered. Whereas national organizations, policy- Mr. REID. I ask unanimous consent f makers, government agencies, private sector that the resolution be agreed to, the APPOINTMENT OF CONFEREES— companies, nonprofit institutions, schools, preamble be agreed to, and the motions academic organizations, consumers, and the H.R. 2647 to reconsider be laid upon the table en media recognize the need to increase aware- Mr. REID. Mr. President, with re- bloc; that any statements be printed in ness of cybersecurity and the need for en- spect to the conferees on the Defense the RECORD. hanced cybersecurity in the United States; authorization measure, I ask unani- The PRESIDING OFFICER. Without Whereas coordination between the numer- mous consent that Senators KIRK and objection, it is so ordered. ous Federal agencies involved in cybersecu- LEMIEUX be added to replace the late The resolution (S. Res. 285) was rity efforts is essential to securing the cyber Senator Kennedy and recently retired agreed to. infrastructure of the United States; Whereas the National Strategy to Secure Senator Martinez. The preamble was agreed to. Cyberspace, published in February 2003, rec- The PRESIDING OFFICER. Without The resolution, with its preamble, reads as follows: ommends a comprehensive national aware- objection, it is so ordered. ness program to empower all people in the S. RES. 285 f United States, including businesses, the gen- Whereas the use of the Internet in the eral workforce, and the general population, EXTENDING BY ONE YEAR THE United States, to communicate, conduct to secure their own parts of cyberspace; business, or generate commerce that benefits OPERATION OF RADIO FREE ASIA Whereas the White House’s Cyberspace the overall United States economy, is ubiq- Policy Review, published in May 2009, rec- uitous; ommends that the government initiate a na- REAUTHORIZING THE UNITED Whereas many people use the Internet in the United States to communicate with fam- tional public awareness and education cam- STATES ADVISORY COMMISSION paign to promote cybersecurity; and ON PUBLIC DIPLOMACY ily and friends, manage finances and pay bills, access educational opportunities, shop Whereas the National Cyber Security Alli- Mr. REID. I ask unanimous consent at home, participate in online entertainment ance, the Multi-State Information Sharing the Foreign Relations Committee be and games, and stay informed of news and and Analysis Center, the Department of discharged from further consideration current events; Homeland Security, and other organizations of H.R. 3593 and H.R. 2131 en bloc, and Whereas United States small businesses, working to improve cybersecurity in the United States have designated October 2009 the Senate proceed to their immediate which employ a significant fraction of the private workforce, increasingly rely on the as the sixth annual National Cybersecurity consideration en bloc. Internet to manage their businesses, expand Awareness Month which serves to educate The PRESIDING OFFICER. Without their customer reach, and enhance the man- the people of the United States about the im- objection, it is so ordered. The clerk agement of their supply chain; portance of cybersecurity: Now, therefore, be will report the bills by title. Whereas nearly all public schools in the it United States have Internet access to en- The legislative clerk read as follows: Resolved, That the Senate— hance children’s education, with a signifi- A bill (H.R. 3593) to amend the United (1) supports the goals and ideals of Na- cant percentage of instructional rooms con- States International Broadcasting Act of tional Cybersecurity Awareness Month, as nected to the Internet to enhance children’s 1994 to extend by one year the operation of designated by the National Cyber Security Radio Free Asia, and for other purposes. education by providing access to educational online content and encouraging self-initia- Alliance, the Multi-State Information Shar- A bill (H.R. 2131) to amend the Foreign Af- ing and Analysis Center, the Department of fairs Reform and Restructuring Act of 1998 to tive to discover research resources; Whereas the number of children who con- Homeland Security, and other organizations reauthorize the United States Advisory Com- working to improve cybersecurity in the mission on Public Diplomacy nect to the Internet continues to rise, and teaching children of all ages to become good United States; There being no objection, the Senate cyber-citizens through safe, secure, and eth- (2) continues to work with Federal agen- proceeded to consider the bills. ical online behaviors and practices is essen- cies, businesses, educational institutions, Mr. REID. Mr. President, I ask unan- tial to protect their computer systems and and other organizations to enhance the state imous consent the bills be read a third potentially their physical safety; of cybersecurity in the United States; and time and passed en bloc, the motions to Whereas the growth and popularity of so- (3) congratulates the National Cyber Secu- reconsider be laid on the table en bloc, cial networking websites has attracted mil- rity Alliance, the Multi-State Information Sharing and Analysis Center, the Depart- with no intervening action or debate, lions of teenagers, providing access to a range of valuable services, making it all the ment of Homeland Security, and other orga- and any statements be printed in the more important to teach young users how to nizations working to improve cybersecurity RECORD. avoid potential threats like cyber bullies, in the United States on the sixth anniver- The PRESIDING OFFICER. Without predators, and identity thieves they may sary of the National Cybersecurity Month objection, it is so ordered. come across while using such services; during October 2009.

VerDate Nov 24 2008 05:51 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S29SE9.REC S29SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9942 CONGRESSIONAL RECORD — SENATE September 29, 2009 RELATIVE TO THE DEATH OF business today, it adjourn until 10 a.m. HARRIS D. SHERMAN, OF COLORADO, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE COMMODITY FORMER SENATOR HENRY L. tomorrow, Wednesday, September 30; CREDIT CORPORATION, VICE MARK EDWARD REY. BELLMON that following the prayer and pledge, DEPARTMENT OF HOUSING AND URBAN Mr. REID. Mr. President, I ask unan- the Journal of proceedings be approved DEVELOPMENT imous consent that the Senate proceed to date, the morning hour be deemed STEVEN L. JACQUES, OF KANSAS, TO BE AN ASSISTANT expired, the time for the two leaders be SECRETARY OF HOUSING AND URBAN DEVELOPMENT, to S. Res. 293. VICE CATHY M. MACFARLANE. The PRESIDING OFFICER. The reserved for their use later in the day, DEPARTMENT OF HOMELAND SECURITY clerk will report the resolution by and the Senate then proceed to a pe- riod of morning business for 1 hour, ALAN D. BERSIN, OF CALIFORNIA, TO BE COMMIS- title. SIONER OF CUSTOMS, DEPARTMENT OF HOMELAND SE- The legislative clerk read as follows: with Senators permitted to speak CURITY, VICE W. RALPH BASHAM. A resolution (S. Res. 293) relative to the therein for up to 10 minutes each, with DEPARTMENT OF STATE death of Henry Louis Bellmon, former the time equally divided and controlled MICHAEL C. POLT, OF TENNESSEE, A CAREER MEMBER United States Senator for the State of Okla- between the two leaders or their des- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- homa. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ignees, with the Republicans control- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA There being no objection, the Senate ling the first half and the majority TO THE REPUBLIC OF ESTONIA. proceeded to consider the resolution. controlling the final half; that fol- NATIONAL FOUNDATION ON THE ARTS AND THE Mr. REID. I ask unanimous consent lowing morning business, the Senate HUMANITIES the resolution and preamble be agreed proceed to the consideration of the ADELE LOGAN ALEXANDER, OF THE DISTRICT OF CO- to en bloc, and the motions to recon- conference report to accompany H.R. LUMBIA, TO BE A MEMBER OF THE NATIONAL COUNCIL sider be laid upon the table en bloc. ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2918, the Legislative Branch Appropria- The PRESIDING OFFICER. Without 2014, VICE MARGUERITE SULLIVAN, TERM EXPIRED. objection, it is so ordered. tions Act, as provided under the pre- EXECUTIVE OFFICE OF THE PRESIDENT vious order; finally I ask that the Sen- The resolution (S. Res. 293) was VICTORIA ANGELICA ESPINEL, OF THE DISTRICT OF CO- agreed to. ate recess from 12:30 to 2:15 p.m. to LUMBIA, TO BE INTELLECTUAL PROPERTY ENFORCE- allow for the weekly caucus luncheons. MENT COORDINATOR, EXECUTIVE OFFICE OF THE PRESI- The preamble was agreed to. DENT. (NEW POSITION) The resolution, with its preamble, The PRESIDING OFFICER. Without reads as follows: objection, it is so ordered. f S. RES. 293 f Whereas Henry Bellmon served as a United States Marine from 1942–1946, where he PROGRAM CONFIRMATIONS served as a platoon tank commander in the Mr. REID. Mr. President, there will Executive nominations confirmed by Pacific theater, and was awarded the Legion be at least three votes around 4:30 to- the Senate, September 29, 2009: of Merit for his service in Saipan and the Sil- morrow afternoon. THE JUDICIARY ver Star for bravery in action on Iwo Jima; Whereas Henry Bellmon served as a Major f JEFFREY L. VIKEN, OF SOUTH DAKOTA, TO BE UNITED in the Marine Corps Reserve until 1954; STATES DISTRICT JUDGE FOR THE DISTRICT OF SOUTH Whereas Henry Bellmon served two non- ADJOURNMENT UNTIL 10 A.M. DAKOTA. consecutive terms as governor of the State TOMORROW DEPARTMENT OF JUSTICE of Oklahoma from 1963–1967, when he was Mr. REID. If there is no further busi- JENNY A. DURKAN, OF WASHINGTON, TO BE UNITED elected as the state’s first Republican gov- STATES ATTORNEY FOR THE WESTERN DISTRICT OF ness to come before the Senate, I ask WASHINGTON FOR THE TERM OF FOUR YEARS. ernor, and from 1987–1991; and FLORENCE T. NAKAKUNI, OF HAWAII, TO BE UNITED Whereas Henry Bellmon served the people unanimous consent that the Senate ad- STATES ATTORNEY FOR THE DISTRICT OF HAWAII FOR of Oklahoma with distinction for 12 years in journ under the provisions of S. Res 293 THE TERM OF FOUR YEARS. the United States Senate from 1969–1981; DEBORAH K. R. GILG, OF NEBRASKA, TO BE UNITED as a mark of further respect to former STATES ATTORNEY FOR THE DISTRICT OF NEBRASKA Resolved, That the Senate has heard with Senator Henry Bellmon of Oklahoma. FOR THE TERM OF FOUR YEARS. profound sorrow and deep regret the an- There being no objection, the Senate, nouncement of the death of the Honorable Henry Bellmon, former member of the at 6:50 p.m., adjourned until Wednes- f United States Senate. day, September 30, 2009, at 10 a.m. Resolved, That the Secretary of the Senate f WITHDRAWALS communicate these resolutions to the House of Representatives and transmit an enrolled NOMINATIONS Executive message transmitted by the President to the Senate on Sep- copy thereof to the family of the deceased. Executive nominations received by Resolved, That when the Senate adjourns tember 29, 2009 withdrawing from fur- the Senate: today, it stand adjourned as a further mark ther Senate consideration the fol- of respect to the memory of the Honorable DEPARTMENT OF DEFENSE lowing nominations: Henry Bellmon. GLADYS COMMONS, OF VIRGINIA, TO BE AN ASSISTANT HARRIS D. SHERMAN, OF CALIFORNIA, TO BE UNDER f SECRETARY OF THE NAVY, VICE DOUGLAS A. BROOK, RE- SECRETARY OF AGRICULTURE FOR NATURAL RE- SIGNED. SOURCES AND ENVIRONMENT, VICE MARK EDWARD REY, ORDERS FOR WEDNESDAY, DEPARTMENT OF AGRICULTURE RESIGNED, WHICH WAS SENT TO THE SENATE ON SEP- TEMBER 10, 2009. SEPTEMBER 30, 2009 HARRIS D. SHERMAN, OF COLORADO, TO BE UNDER SEC- HARRIS D. SHERMAN, OF CALIFORNIA, TO BE A MEM- RETARY OF AGRICULTURE FOR NATURAL RESOURCES BER OF THE BOARD OF DIRECTORS OF THE COMMODITY Mr. REID. I ask unanimous consent AND ENVIRONMENT, VICE MARK EDWARD REY , RE- CREDIT CORPORATION, VICE MARK EDWARD REY, WHICH that when the Senate completes its SIGNED. WAS SENT TO THE SENATE ON SEPTEMBER 10, 2009.

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A TRIBUTE TO DR. TERRY-JAN She is the proud mother of Harun Ibrahim including Red Lobster, Olive Garden, Long- BLACKETT-BONNETT and Liam Chukwuemeka, and the loving wife Horn Steakhouse, the Capital Grille, Bahama of Reverend Doctor Leary Bonnett. Breeze and Seasons 52. HON. EDOLPHUS TOWNS Madam Speaker, I urge my colleagues to I’m proud to say that central Florida has al- OF NEW YORK join me in recognizing Dr. Blackett-Bonnett. ways been, and will continue to be, home for IN THE HOUSE OF REPRESENTATIVES f Darden. The company has been instrumental in helping shape the growth and development Tuesday, September 29, 2009 SURFACE TRANSPORTATION of the region through its impassioned involve- Mr. TOWNS. Madam Speaker, I rise today EXTENSION ACT OF 2009 ment and support of the community. Through in recognition of Dr. Terry-Jan Blackett- corporate involvement, restaurant donations SPEECH OF Bonnett, an active and dedicated medical pro- and support from the Darden Foundation and fessional in my district. HON. LAURA RICHARDSON Environmental Trust, Darden has contributed From her earliest childhood memories Dr. OF CALIFORNIA millions of dollars to community based organi- Terry-Jan Blackett-Bonnett entertained the IN THE HOUSE OF REPRESENTATIVES zations and programs over the years. burning desire of someday becoming a prac- Today, Darden has once again dem- ticing physician. After earning her high school Wednesday, September 23, 2009 onstrated its commitment to central Florida diploma, she enrolled in St. Francis College, Ms. RICHARDSON. Mr. Speaker, I rise to with the opening on September 30, 2009, of a where she earned a baccalaureate degree in lend my voice in support of the Surface Trans- new $1.52 million, state-of-the-art corporate biology. She subsequently enrolled in the portation Extension we are considering today. headquarters in my district that keeps 1,300 American University of the Caribbean School We must continue to fund ongoing projects jobs in the region. of Medicine and completed the requisite and ensure ongoing programs don’t grind to a Not only is Darden one of the leading em- coursework in the United Kingdom at halt. However we must continue to build on ployers in region, it’s also the 29th largest pri- Eastbourne District Hospital, graduating with a the work of the Transportation and Infrastruc- vate employer in America—employing 180,000 Doctor of Medicine degree. A portion of her ture Committee and reauthorize our surface people in 49 States. graduate curriculum included tropical medi- transportation programs. Transportation is an Further, through all of its growth, Darden cine, requiring that she spend time working in issue that affects virtually every American leads in its environmental stewardship and northeast Mexico, in the state of Tamaulipas. every day and should never be put on the has remained committed to sustainability. Its During that time, she became adept in the use back burner. When I came to Congress I new facility is on track to receive Gold certifi- of the Spanish language. Her postgraduate fought to become a member of the Transpor- cation for Leadership in Energy and Environ- work included research in the area of Human tation and Infrastructure Committee because I mental Design for new construction from the Genetics at SUNY Downstate Medical School, know the importance of these issues for the United States Green Building Council. Upon where she was a contributing writer to medical people of the California 37th as well as every final certification, it will be the largest newly literature addressing the issue of a Y to X American. I support limiting the extension to 3 constructed Gold LEED certified building in gene Translocation in Mother and Daughter. months so these issues stay on the forefront Florida. Additionally, Darden established the After attaining her life long ambition, Dr. of our agenda. Darden Environmental Trust in 1997, which Blackett-Bonnett completed her residency Report after report has outlined the unac- has contributed over $3 million to organiza- training in the disciplines of Internal Medicine ceptable current state of our deteriorating tions that promote sustainability. Since 1997, and Pediatrics at the University of Medicine transportation system and called for major and the Darden Environmental Trust has actively and Dentistry in Newark, New Jersey. Upon immediate reform. As a country we waste bil- engaged in the protection of endangered sea completion of residency, she joined the staff of lions of dollars every year with unnecessary turtles, the whooping crane, and has assisted Interfaith Medical Center as an attending phy- delays due to a crumbling and over-congested in the funding of the Blowing Rocks preserve sician. She later left Interfaith as a full time surface transportation system. We need to project, that is working to restore a section of physician to pursue a full-time schedule as the fundamentally rethink the way we move peo- delicate coastline in central Florida. Finally, Medical Director of the Berean Community ple and goods. We must simplify our transpor- Darden is helping to lead the way in helping and Family Life Center in Brooklyn, New York tation programs and focus on a performance to reduce the overfishing of lobster and wild with which she was affiliated since 2002. Dr. based system. Finally, we must make the fish species, and promoting new sustainable Blackett-Bonnett is currently on the medical tough choices about how to fund these pro- seafood products that improve the overall long staff of Interfaith Medical Center and grams and avoid having to continuously patch term health of the world’s increasingly fragile Kingsbrook Jewish Medical Center. She is the highway trust fund. fisheries. also a professor at ASA Institute of Tech- Transportation experts around the country Madam Speaker, I would like to commend nology in Brooklyn, New York. She currently agree this is a time for a bold new transpor- Darden on its vision and commitment to build- holds positions on the board of directors of tation vision and I look forward to working with ing stronger communities through its ‘‘best of early intervention programs in New York and my colleagues to reauthorize the Surface class’’ restaurant operations, its commitment also a contributing member on the advisory Transportation Program before the extension to the environment and sustainability prac- boards for several health insurance agencies. before us today runs out. tices, and its continued investment in my com- In addition to her involvement in her church f munity and thousands of communities across community, Dr. Blackett-Bonnett has been in- the country. HONORING DARDEN RESTAURANTS strumental in organizing health fairs for f churches and schools in the greater New York area. She has also been a co-laborer in med- HON. ALAN GRAYSON PERSONAL EXPLANATION ical missions to the African countries of Nige- OF FLORIDA ria and South Africa, where she provided med- IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL E. CAPUANO ical care and education to village residents. Tuesday, September 29, 2009 OF MASSACHUSETTS Dr. Blackett-Bonnett has been a member of IN THE HOUSE OF REPRESENTATIVES Berean Baptist Church since 1994. She holds Mr. GRAYSON. Madam Speaker, I stand fast to the ideology that ‘‘as the body is clad here today to honor a great American com- Tuesday, September 29, 2009 in the cloth and flesh in the skin, and the pany. For more than 40 years, Darden Res- Mr. CAPUANO. Madam Speaker, last week bones in the flesh and the heart in whole so taurants has been nourishing and delighting I missed several rollcall votes and I wish to are we, soul and body clad in the goodness of guests through the operation of some of the state how I would have voted had I been God and enclosed.’’ most popular restaurant brands in the country, present:

∑ 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.

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K29SE8.001 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2382 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 2009 Rollcall No. 720—‘‘yes’’; rollcall No. 721— tant women to grace our shores, the distin- A native of Dunmore, Pennsylvania, Mr. ‘‘yes’’; rollcall No. 722—‘‘yes’’; rollcall No. guished First Lady of the Republic of Korea, DiMattio is the youngest son of Louis and 723—‘‘yes’’; rollcall No. 724—‘‘yes’’; rollcall Kim Yoon-Ok. Catherine Summa DiMattio. He graduated No. 725—‘‘yes’’; rollcall No. 726—‘‘yes’’; roll- Ms. Yoon-ok majored in public health edu- from St. Anthony’s School and Bishop O’Hara call No. 727—‘‘no’’; rollcall No. 728—‘‘yes’’; cation at Ewha Woman’s University, the fourth High School as well as Marywood University rollcall No. 729—‘‘yes’’; rollcall No. 730—‘‘no’’; First Lady to have graduated from this pres- where he earned a degree in Business Admin- rollcall No. 731—‘‘yes’’; rollcall No. 732—‘‘no’’; tigious university. While her husband’s career istration and Marketing. He remained active at rollcall No. 733—‘‘yes’’; rollcall No. 734—‘‘no’’; eventually took him from the private sector to Marywood and served three terms on the rollcall No. 738—‘‘yes’’; and rollcall No. 739— the highest public office in their country, she Board of Trustees and established several en- ‘‘yes’’. has carved out her own reputation as a strong dowment and scholarship funds. He is a re- f advocate of the rights of women, children and cipient of the Alumni Society’s ‘‘Recent Grad- families in South Korea and around the world. A TRIBUTE TO ANDREA W. EVANS uate Award’’ and the ‘‘Presidential Scholarship Ms. Yoon-ok was in New York last week, Honoree’’ for outstanding community service. not only accompanying her husband’s visit to HON. EDOLPHUS TOWNS the United Nations but also hosting a lunch- Mr. DiMattio is a member of the ‘‘Chair- OF NEW YORK eon in honor of those soldiers—American and man’s Club,’’ the highest award for production IN THE HOUSE OF REPRESENTATIVES Korean—who gave their lives for their demo- of financial services at the parent company, Tuesday, September 29, 2009 cratic nation. It is a war that I am quite familiar INVEST Financial Corporation and, last year, he was cited as the top producer in the entire Mr. TOWNS. Madam Speaker, I rise today with. More than 50 years ago, I fought with Nation. A past director of the National Advi- in recognition of Andrea Evans, Chairwoman millions of Americans to help preserve South of New York State Board of Parole and Chief Korea’s independence during the invasion sory Board, he is frequently called on to Executive Officer New York State Division of from communist Korea in 1950. That is why I present at various bank and financial institu- Parole. was very happy this summer when President tions both regionally and nationally. He is an Ms. Evans has worked the majority of her Obama signed a bill into law that recognized Accredited Investment Fiduciary as well as a professional career in the borough of Brook- these sacrifices. The bill that I introduced rec- member of various professional organizations lyn. For the past 25 years, she has been a ognizes the 1953 armistice with the display of in the finance and investment areas, primarily member and served in a leadership capacity the American flag each July 27th, that day de- concentrating in business retirement plans. clared as National Korean War Veterans Armi- as the business administrator at the Rehoboth Mr. DiMattio served two terms as a director stice Day. Cathedral, which is pastored by Bishop Gerald of the Greater Scranton Chamber of Com- Seabrooks. Ms. Evans was most recently Di- As a Korean war veteran, it gives me great merce and he is a member of the Scranton- rector of the Division of Parole for Region II, pride to see how the nation has flourished as Lackawanna Industrial Building Corporation. an area encompassing Brooklyn, Queens, and a democratic and free people. Today, the Re- Staten Island. In this position, she was re- public of Korea is the 13th largest economy in Mr. DiMattio served on the board of direc- sponsible for the operation of nine area of- the world and the United States’ 8th largest tors for many charitable, civic, religious and fices, and the Queensboro Correctional Facil- trading partner. Recently, the IMF raised Ko- cultural organizations. He is active in UNICO ity. Prior to this role, Ms. Evans served as rea’s growth forecast for this year from the National where he currently serves as Execu- Deputy Regional Director for Region I, where growth amount that was originally projected a tive Vice President and will become National she managed the operation of five field offices few months ago, further stating that the na- President next July as well as the Scranton in Bronx County. tion’s growth will increase 2.5 percent next Chapter’s Secretary. He is the volunteer event From 2000 to 2006, Ms. Evans served as year. chairman and president of La Festa Italiana Special Assistant to the Downstate Director of Freedom, of course, is not something that is and he serves on the board of the St. Francis Operations. From 1997 to 2000, she worked static. It must be fought for and defended by of Assisi Soup Kitchen, Little Flower Manor of as an Investigator in the Division of Parole’s every generation. So, as the relationships be- the Diocese of Scranton and he chairs the an- Office for Professional Responsibility, where tween our two countries continue to grow and nual coat drive for the Head Start program of she conducted investigations into allegations deepen, we cannot forget that our economic the Scranton-Lackawanna Human Develop- of professional misconduct. From 1994 to and cultural prosperity is built on the achieve- ment Agency. Mr. DiMattio has been the re- 1997, Ms. Evans was a Senior Parole Officer ments and accomplishments of our ancestors. cipient of many honors for his community and served as Acting Supervisor in the Bronx It is a sacrifice we are proud to celebrate, service including the ‘‘Bronze Medallion of the Area Office. Additionally, she worked as a Pa- today and forever. Legion of Honor’’ by the Chapel of the Four role Revocation Officer from 1990 to 1994. f Chaplains, the Outstanding Volunteer Fund Ms. Evans began her career with the Division Raiser by the Northeast Chapter of the Na- in 1986 as a Parole Officer. Prior to joining the CONGRATULATING CHRISTOPHER tional Society of Fund Raising Executives, State Division of Parole, Ms. Evans worked for DIMATTIO, THE 2009 RECIPIENT the Central Brooklyn Coordinating Council OF THE MAN OF THE YEAR UNICO Member of the Year Wall of Fame by from 1979 to 1986, a community-based family AWARD FROM THE LACKAWANNA Bishop O’Hara High School, Community Roast services and support organization dedicated to COUNTY COLUMBUS DAY ASSO- by Family Services, Honorary Delta Mu Delta foster care. CIATION by Marywood University’s Business Depart- Ms. Evans holds a B.A. in Psychology from ment, Past President’s Award by the Colum- the City College of New York. She is a HON. PAUL E. KANJORSKI bus Day Association, the Victor Alfieri Literary Queens resident and is the proud mother of Society, the St. Francis of Assisi Kitchen, the one adult daughter. OF PENNSYLVANIA Diocesan Council of Catholic Men and by the Madam Speaker, I urge my colleagues to IN THE HOUSE OF REPRESENTATIVES Greater Scranton Jaycees where he was also join me in recognizing Andrea Evans. Tuesday, September 29, 2009 honored for the founding of the Santa Parade. He has also been honored by the City of f Mr. KANJORSKI. Madam Speaker, I rise Scranton and Lackawanna County for service today to ask you and my esteemed colleagues WELCOMING SOUTH KOREAN to the community and by the Volunteer Action in the House of Representatives to pay tribute FIRST LADY KIM YOON-OK Center with the JC Penney’s Golden Rule to Christopher DiMattio, who was named re- Award. In 1992, he was chairman of the Co- HON. CHARLES B. RANGEL cipient of the 2009 Man of the Year Award from the Lackawana County, Pennsylvania, lumbus Quincentenary Parade celebrating the OF NEW YORK Columbus Day Association. 500th anniversary of America. IN THE HOUSE OF REPRESENTATIVES Mr. DiMattio will be honored this year at the Mr. DiMattio resides in Moscow, Pennsyl- Tuesday, September 29, 2009 annual dinner to be held Sunday, October 11, vania, with his wife, the former Ann Celli, and Mr. RANGEL. Madam Speaker, I rise today at the Genetti Manor in Dickson City, Pennsyl- their two sons, Louis Carlo and Robert Chris- to honor one of the most graceful and impor- vania. topher.

VerDate Nov 24 2008 05:46 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.003 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS September 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2383 Madam Speaker, please join me in con- A TRIBUTE TO DR. EMMANUEL HONORING THE ACCOMPLISH- gratulating Mr. DiMattio on this auspicious oc- NWOZUZU MENTS OF MS. SARITA BROWN casion. His remarkable spirit of volunteerism and community service should be an inspira- HON. JAMES P. MORAN tion for all, as his accomplishments have im- HON. EDOLPHUS TOWNS OF VIRGINIA proved the quality of life in northeastern OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Pennsylvania. Tuesday, September 29, 2009 f IN THE HOUSE OF REPRESENTATIVES Mr. MORAN of Virginia. Madam Speaker, I HONORING THE 200TH ANNIVER- Tuesday, September 29, 2009 rise today to recognize Ms. Sarita Brown upon SARY OF THE BETHEL BAPTIST receiving the 2009 Harold W. McGraw, Jr. CHURCH OF CASEYVILLE Mr. TOWNS. Madam Speaker, I rise today Prize in Education. Ms. Brown is highly re- in recognition of Dr. Emmanuel Nwozuzu, garded for her hard work and dedication to- HON. JERRY F. COSTELLO CEO of ACE-IT Educational Consultants and wards accelerating Latino success in higher OF ILLINOIS an accomplished educator in my community. education. For over two decades she has IN THE HOUSE OF REPRESENTATIVES Dr. Nwozuzu was born in Umuoba Uratta served as a shining example for students of Tuesday, September 29, 2009 Owerri Imo State Nigeria on April 14, 1942, in Latino heritage. Ms. Brown started her professional career at Mr. COSTELLO. Madam Speaker, I rise the middle of the Second World War to a fam- ily of six. At the time of his birth, Emmanuel’s the University of Texas at Austin. There she today to ask my colleagues to join me in rec- built a national model to promote minority suc- ognizing the 200th anniversary of Bethel Bap- late father was a sub Army Tailor contractor in Calabara seaport in the Southern Eastern tip cess in graduate education. In 1993, her en- tist Church of Caseyville, Illinois. deavors carried her to Washington where she The year 1809 was important in the history of Nigeria. Emmanuel’s parents Catherine and joined the Department of Education during the of our Nation and the State of Illinois. While Christopher were firm believers in education, Clinton Administration. As Executive Director James Madison was inaugurated as our young having seen at first-hand the advantages of of the White House Initiative for Education Ex- Nation’s fourth President and Robert Fulton education among people in the army. They in- cellence for Hispanic Americans, she was received a patent on his new invention, the vested all that they had in educating all their tasked with the goal of implementing effective steam boat, the Illinois Territory was formed six children. strategies to raise academic achievement and by an Act of Congress and Abraham Lincoln Emmanuel obtained his Bachelors in the opportunities for low-income and minority stu- was born in the backwoods of Kentucky. At University of Nigeria Nsukka in 1970, taught dents nationwide. the same time, a group of Christians who had sciences in Eastern Region of Nigeria and After her time in the administration, Ms. concerns about the pro-slavery position of Benue Plateau State of Nigeria where he was Brown applied her talents and experience to some members of their former church formed selected later to be the Principal of a school the nonprofit sector, serving as a leader the Baptist Church of Christ, Friends to Hu- at a very young age of 29. There he worked among her colleagues and in her community. manity, which would later become Bethel Bap- hard to upgrade the school from a community Ms. Brown is the co-founder and current tist Church of Caseyville. President of Excelencia in Education, a not- James Lemen, Sr., was the first pastor of secondary school to prestigious Kanam Gov- for-profit organization working to promote the new church and the congregation would ernment Secondary. While Principal, Emman- Latino educational success in the classroom meet in the houses of members, traveling up uel went to school and obtained a Post Grad- by linking research, policy, and effective prac- to 36 miles by horseback to attend services. uate Diploma in Education from Ahmadu Bello University Zaria. tices in public policy. As the congregation grew, the need for a per- Ms. Brown currently sits on the Board of Di- manent church structure became apparent Dr. Nwozuzu had the opportunity to immi- rectors for ACT Inc., the National College Ac- and the first meeting house was built in 1825. grate to the United States to pursue further cess Network (NCAN) and on advisory boards During the church’s early years, members education, he obtained his Masters degree in for the National Association of Latino Elected continued to hold strong abolitionist positions. Education in 1982 at Iowa State University in and Appointed Officials (NALEO) Educational The church building was used as a station Science and Technology. It was Emmanuel’s Fund and the Journal of Hispanic Higher Edu- along the Underground Railroad, with fugitive major Professor, Kahler who literally ‘‘coaxed’’ cation. In January 2009, Virginia Governor Tim slaves hiding in a crawl space under the him to register for a doctoral program and Kaine bestowed the honor of appointing her to church floor. To commemorate this important gave him a job as an Assistant Research fel- the Board of Visitors for Old Dominion Univer- period, when a new floor was installed in the low. sity. 1940s, a trap door was installed so the origi- In addition to being an expert on education, In 1985, Dr. Nwozuzu took up a teaching nal trap door, through which the fugitive slaves Ms. Brown is also an outstanding public position at the New York City Board of Edu- would enter their hiding place, could be seen. speaker. Each year, she travels around the Many changes occurred during the history cation where he taught subjects from chem- country advocating for the issues she has of the church, many of which mirrored what istry and physics to reading and writing. On spent her career championing: promoting ac- was going on as our Nation grew. Wars and May 1, 1990, the Principal of P.S. 9 rec- cess and support for Latinos to receive a high- economic disasters took their toll on the con- ommended Dr. Nwozuzu for recognition from er education. gregation and, for a period during the Great the Board of Education for Outstanding Lead- On behalf of the citizens of Virginia’s 8th Depression, the church was closed. During ership in Shepherd Program. In 1992, Dr. Congressional District, I congratulate and ap- that time, concerned parishioners would gath- Nwozuzu was recognized by Kodak Company plaud Ms. Brown for her life’s work. She is er the children of the area into their homes to for the beautification of a triangular inner city most deserving of the 2009 Harold W. continue to spread the Word of God. park. McGraw, Jr. Prize in Education. May it serve Responding to the needs of the flock, the to bolster her on to even greater achieve- church membership was reorganized and the In 2005, Dr. Nwozuzu was awarded a ments in the years to come. church reopened in 1938. Due to the efforts of teaching merit award from the Secretary of many in the congregation, the church re- Education in Washington, DC, and in that f bounded and membership grew. same year was awarded the U.S. Presidential RECOGNIZES THE EFFORTS OF As they celebrate their past during this his- Scholars Program Teachers Award. Now re- AGRONOMIST AND NOBEL LAU- toric anniversary year, the congregation of tired, Dr. Nwozuzu is the CEO of ACE-IT Edu- REATE NORMAN BORLAUG Bethel Baptist Church of Caseyville also looks cational Consultants. forward to the future. Their strong commitment Dr. Nwozuzu is the author of Voice of Gen- HON. ROSA L. DeLAURO to their faith, their families and their commu- erators Past, the Pulse of the Igbo, an African OF CONNECTICUT nity is reflected in their invitation for their bi- Tribe, a social commentary, a voice that nar- IN THE HOUSE OF REPRESENTATIVES centennial observance, ‘‘Celebrate God’s rates the changing effects in a traditional vil- Goodness with Us!’’ Tuesday, September 29, 2009 lage in Africa published by Xlibris, PA. Madam Speaker, I ask my colleagues to join Ms. DELAURO. Madam Speaker: I rise to me in honoring the 200th anniversary of the Madam Speaker, I urge my colleagues to recognize and pay my respects to the late Bethel Baptist Church of Caseyville and wish- join me in recognizing Dr. Emmanuel Norman Borlaug, who passed away earlier this ing them the best for many years to come. Nwozuzu. month.

VerDate Nov 24 2008 05:46 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.005 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2384 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 2009 The father of the Green Revolution, and one consistent and forceful advocate on global ulty member of the New York University of only six people in history to have won the food issues. He dedicated his days not only to School of Medicine. Nobel Peace Prize, the Presidential Medal of feeding hungry people and helping them Dr. Lowe was born in Tallapoosa County, Freedom, and the Congressional Medal of achieve self-sufficiency, but to improving their Alabama and grew up on the family farm in Honor, Dr. Borlaug may just be the most lives in any way he could. A professor at Coosa County, the poorest county in Alabama. underappreciated genius in human history. In Texas A&M University for many years, He was influenced greatly by his grandfather, the annals of our species’ time on Earth, he Borlaug also served as an important advisor to Braxton Hughes Smith, who as a Christian stands like a Colossus. It is no exaggeration governments around the world and a compel- man taught him much about faith and pa- to say—indeed it is said often—that Dr. ling advocate for the many virtues of agricul- tience, hard work and perseverance; a farmer Borlaug saved more lives than anyone else tural science. To say nothing of his continuing lives out these things every day. The work on who has ever lived, and that he quite literally stints as Boy Scout Troopmaster and Mexico’s the farm was done by hand with mules pulling changed the fate of our world. first Little League Baseball coach, and of his the ploughs through the earth and men com- Born in 1914 in Saude, Iowa, Norman life as a husband and father. ing to pick the cotton and corn that grew. It Borlaug spent his formative years working on After his passing on September 13, 2009, was a life out of Faulkner—trips to the black- the family farm, leaving, Borlaug said later in Borlaug’s children asked that he be remem- smith’s shed to reshape and sharpen life, only because of some sage advice offered bered as ‘‘a model for making a difference in ploughshares, killing hogs in the winters, the by his grandfather—‘‘You’re wiser to fill your the lives of others and to bring about efforts to spring plantings and the eventide hymns as head now if you want to fill your belly later end human misery for all mankind.’’ And so he men finished the day’s work—a wondrous on.’’ With the help of a gift for wrestling—and was, and so he shall. The world has lost one grounding. Franklin Roosevelt’s National Youth Adminis- of its great men in Norman Borlaug, and we The College and Medical School at Tulane tration—Borlaug enrolled in the University of are all the poorer for it. Nonetheless, his re- University in New Orleans followed where the Minnesota in 1933, supplementing his meager markable contributions to our people and our interests in human nature and all things resources with stints in the Civilian Conserva- planet will last longer than any of us. tion Corps and the United States Forestry human found outlets in anthropology and then Service. He graduated in 1937 with a Bachelor f later medicine, sparked interest in Dr. Lowe. of Science in Forestry, following it up with a COMMENDING YIXIAO WANG OF While attending medical school, Dr. Lowe Masters of Science in 1940 and a Doctorate in WESTFIELD, NEW JERSEY came to New York City to Bellevue Hospital in plant pathology and genetics in 1942. the fall of 1986—he has been affiliated with After serving the World War II effort as a Bellevue either as a student, intern, resident microbiologist at DuPont, Borlaug moved to HON. LEONARD LANCE or attending physician ever since. Mexico in 1944 to take part in a Rockefeller OF NEW JERSEY Currently a member of the Faculty of the Foundation project aimed at boosting wheat IN THE HOUSE OF REPRESENTATIVES New York University School of Medicine, Dr. production. There, the true work of his life Tuesday, September 29, 2009 Lowe’s interests and work in brain injury and began. autism are personal. His research at the Brain At the time, Mexican farmers were able to Mr. LANCE. Madam Speaker, I rise today to Research Laboratories with his recently de- raise less than half of the wheat they needed recognize an exceptionally talented student, ceased friend, Roy John, and his work with his to feed their population, mainly due to a debili- Yixiao Wang of Westfield, NJ. Yixiao, along mentor and friend, Rodolfo Llinas, in the De- tating fungus known as rust. For the next 13 with three other teammates representing the partment of Physiology and Neuroscience years, Borlaug experimented with and cross- United States, recently participated in the 41st have led to an innovative theory of coma and bred strains of wheat from all over the world International Chemistry Olympiad, winning one vegetative states that is strangely enough ap- to develop a grain that was rust-resistant. gold and three silver medals in Cambridge, plicable to autism spectrum conditions. Dr. When that success was finally achieved, other England. Lowe continues his work on this issue in problems emerged. The new blend of wheat, The U.S. Team competed against 250 stu- hopes that this work will continue to bear fruit. while resistant to rust and many other dis- dents from 65 countries in a battery of exams Madam Speaker, I urge my colleagues to eases, was top-heavy and would break easily. including theoretical and practical applications. join me in recognizing Dr. R. Sandlin Lowe III. So Borlaug looked to shorter Japanese dwarf Yixiao placed in the top 10 percent earning strains, and the Green Revolution began in him a gold medal. The four students were se- earnest. lected from over 11,000 talented high school f By 1956, thanks to Dr. Borlaug’s efforts, chemistry students who had participated at the A PROCLAMATION HONORING Mexico grew two to three times more wheat local level, and are representative of the AARON HANEY FOR WINNING than before, and was self-sufficient in wheat. brightest chemistry students in the Nation. THE BOYS’ DIVISION III STATE From there, spurred on by the Rockefeller The International Chemistry Olympiad was BASEBALL CHAMPIONSHIP Foundation and the United Nations, Borlaug created in 1968 to enhance friendly relations brought his extraordinary insights to the rest of among young people from different countries. the globe. In India and Pakistan, North Africa Since then, thousands of students have par- HON. ZACHARY T. SPACE and Southeast Asia, the Middle East and the ticipated in this rigorous competition to recog- Philippines, where scientists followed nize the most talented students in the world. OF OHIO Borlaug’s pioneering vision to create a new I would like to congratulate Yixiao for his ex- IN THE HOUSE OF REPRESENTATIVES strand of rice, Borlaug’s hard work and amaz- emplary performance, which undoubtedly re- ing insights transformed agriculture and al- quired disciplined, diligent studies. His is a Tuesday, September 29, 2009 lowed for incredible new yields all over a hun- shining example of the dedication the faculty Mr. SPACE. Madam Speaker: gry world. at Westfield High School have towards helping In 1970, Norman Borlaug won the Nobel their students achieve greatness. Yixiao will Whereas, Aaron Haney showed hard work Peace Prize for the transformation he had surely have a bright future in any of his future and dedication to the sport of baseball; and achieved. In an age that was greatly con- endeavors. Whereas, Aaron Haney was a supportive cerned about the dire consequences of ex- coach; and ploding population, Borlaug utilized science, f innovation, and his ‘‘Iowa-stubborn tenacity’’ to Whereas, Aaron Haney always displayed A TRIBUTE TO DR. R. SANDLIN sportsmanship on and off of the field; now, lead the whole world forward. He remains the LOWE III only agricultural scientist to have ever won the therefore, be it Nobel Prize—Indeed, in part to correct this Resolved, that along with his friends, family, oversight, Borlaug later helped to found the HON. EDOLPHUS TOWNS and the residents of the 18th Congressional World Food Prize, to encourage agronomists OF NEW YORK District, I congratulate Aaron Haney on win- of later generations to follow in his footsteps. IN THE HOUSE OF REPRESENTATIVES ning the Boys’ Division III State Baseball Borlaug was not only a pioneering scientist Championship. We recognize the tremendous Tuesday, September 29, 2009 but a pioneering humanitarian. I had the hard work and sportsmanship he has dem- pleasure of meeting with Dr. Borlaug several Mr. TOWNS. Madam Speaker, I rise today onstrated during the 2008–2009 baseball sea- times over the past few years, and he was a in recognition of Dr. R. Sandlin Lowe III, a fac- son.

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A29SE8.008 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS September 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2385 RECOGNITION OF EARL W. Baker and the Senate Environment and Public Park Committee, along with Mayor Fred J. RILINGTON, SR., OF SAVANNAH, Works Committee where he served with verve Smith, helped the city to acquire 22 acres of GEORGIA and integrity. land bounded by Front and 117th Streets, the During his time in the Senate, Jim was in- New York Central Railroad tracks and Lake HON. JACK KINGSTON strumental in the conservation of many dif- Michigan. Whiting purchased the land from the OF GEORGIA ferent corners of the American landscape and Forsythe Estate for $75,000. Whiting Park IN THE HOUSE OF REPRESENTATIVES integral in the crafting and final passage of a continued to expand, and by the 1920s the Tuesday, September 29, 2009 string of landmark laws such as the Clean park included a man-made lagoon, fountains, Water Act. attractive walkways, a baseball diamond, trap- Mr. KINGSTON. Madam Speaker, I rise to Even after his time spent on Capitol Hill, Jim commemorate the retirement of Mr. Earl W. shooting facility, tennis courts, a playground, displayed an unrivaled commitment to our na- and a pavilion used for ballroom dancing and Rilington, Sr., from a lifetime of service to the tion’s natural resources and outdoor traditions pulp and paper industry of southeast Georgia. different music venues. In addition, a bath by co-founding and serving as chairman of the house was built for the beach lakefront activi- Mr. Rilington spent his early childhood in Theodore Roosevelt Conservation Partnership. ties, which included two waterslides and a div- Sylvania, Georgia. He has been a resident of He furthered his service to the cause of ing board. The winter months at the park were Savannah for over 50 years. In 1969, he mar- conservation through work on the Boards of ried his high school sweetheart, the late Directors for Trout Unlimited, Ducks Unlimited, filled with ice skaters, sledding, and ice hock- LaVenia Salley Wyley Rilington, and had their the Wetlands America Trust, the Recreational ey games. Over the next two and a half dec- first child, Earlonda. Boating and Fishing Foundation, the American ades, thousands of people would flock to Mr. Rilington was employed with Union Sportfishing Association, the American Bird Whiting Park for the amenities on the land and Camp, and later, International Paper for 40 Conservancy, the Pacific Forest Trust, the Yel- in the water, all year round making the park years. He began work in the box plant as a lowstone Park Foundation, the Bonefish and one of the most popular on the entire lake- slitterman in 1969, making boxes to be Tarpon Trust, the National Fish and Wildlife shore. shipped all over the world for everyday uses. Foundation, the Interstate Commission on the The next 30 years proved to be a trouble- He attended school at Savannah State Univer- Potomac River Basin, the Sportfishing and some time for Whiting Park, and there were sity and earned a promotion to electrician in Boating Partnership Council, and the Valles 1973. As an electrician, he ensured the oper- many factors that led to the downfall of the Caldera Trust. park’s glorious days of the past. Whiting Park ational efficiency of all major plant equipment Through this work, Jim received such hon- such as boilers and presses. The Rilington Beach was closed in the late 1940s due to a ors as the U.S. Department of the Interior’s high bacteria count in the water. The war family has a noteworthy history with Inter- Great Blue Heron Award, the 2003 Outdoor national Paper. Mr. Rilington’s father, Willie V. emergency, at the time, led to limited city and Life Magazine Conservationist of the Year and federal funding for the upkeep of the park and Rilington, Sr., was employed with International the Norville Prosser Lifetime Achievement Paper’s predecessor, Union Camp for 23 beach. While there were proposed solutions Award presented by the American Sportfishing over the years to bring back the Whiting Park years as a box car loader and truck driver. Association. of the past, many of them fell through. People Earl’s son, William Michael Rilington, is cur- He left both the political and natural land- began to think that the once famous Whiting rently in training for instruments and controls scape in which he lived, loved, worked and with International Paper. played better than when he found it. His Park would never be restored. As Mr. Rilington enters his well-deserved re- achievements in conserving the valuable wild Finally, in 1977, the Whiting Park and tirement he can look forward to pursuing his and natural resources of the country are un- Recreation Board was established. Through hobbies, spending time with family and friends paralleled and he lived his extraordinary life the efforts of the Parks Department, the beach and traveling. Whether at the bowling alley with integrity, humor and goodwill he displayed was reopened on August 23, 1981, and came every Monday and Thursday night or leading in all his pursuits. to be known as Whihala Beach County Park. the Usher Board at Conner’s Temple Baptist He left a legacy to all his family, friends and The name ‘‘Whihala’’ stands for Whiting, Ham- Church, we can be assured that our country is colleagues of a vision for a growing under- mond, and Lake County Parks Department. what it is today thanks to the contributions he standing and appreciation of our natural world With the new beach open, the Whiting Parks has made throughout his lifetime. I rise today and a daily commitment to conserving it for fu- to recognize Mr. Rilington as a model hus- Department began again to concentrate on re- ture generations. storing the beauty of Whiting Park. Over the band, father, and citizen. We commemorate Madam Speaker, please join our colleagues his retirement from a lifetime of service to the years, volunteer groups spent much time and me in recognizing Jim Range’s accom- planting new flowers, and restoring the main pulp and paper industry of Southeast Georgia plishments and contributions. on this day October 30, 2009. garden, pond and waterfall area near the en- f f trance of the park, bringing the park back to 100TH ANNIVERSARY OF WHITING life. Today, Whiting Park spans approximately REMEMBERING JAMES D. RANGE PARK 15 acres and includes playground equipment, walking paths, four tennis courts, one baseball HON. JOHN S. TANNER HON. PETER J. VISCLOSKY diamond, picnic facilities, a concession area, a OF TENNESSEE fishing pier, two sand volleyball courts, an in- OF INDIANA IN THE HOUSE OF REPRESENTATIVES line skate/hockey rink, and a fish pond includ- IN THE HOUSE OF REPRESENTATIVES Tuesday, September 29, 2009 ing a waterfall. Tuesday, September 29, 2009 Mr. TANNER. Madam Speaker, I rise today As Whiting Park celebrates its 100th anni- to remember James D. Range, a beloved fa- Mr. VISCLOSKY. Madam Speaker, it is with versary, there are also many innovative plans ther, son, brother, and friend. great pleasure and enthusiasm that I take this for the future, including working to become an Jim died peacefully, surrounded by family moment to congratulate the city of Whiting, In- integral part of the proposed Marquette Plan, and loved ones, on Tuesday, January 20, diana, in celebrating the 100th anniversary of a project that will better utilize Northwest Indi- 2009 at the Mayo Clinic in Rochester, Min- Whiting Park. Throughout the years, Whiting ana’s Lake Michigan shoreline. nesota, after an extraordinarily courageous Park has been an integral part of the commu- Madam Speaker, I ask you and my other battle with kidney cancer. He was 63 years nity providing residents with a place to create old. lasting memories while preserving the history distinguished colleagues to join me in hon- A Johnson City, Tennessee, native, Jim was of the city. Whiting commemorated this ex- oring and congratulating the city of Whiting on a life long outdoorsman who loved America’s traordinary milestone on July 18, 2009, with a their 100th anniversary of Whiting Park. wild spaces and loved hunting and fishing. celebration in the park presented by the Whit- Throughout the years, Whiting Park has been He was respected as a passionate advocate ing Park Festival Orchestra. a historical reminder of a city whose people for the country’s fish and wildlife and their In the early 1900s the idea for Whiting Park continue to push forward with enthusiasm and habitat and one of the Nation’s most promi- began to take shape. Many activists in the faith to return this park to one of the most nent champions of natural resource conserva- area, at the time, could envision the potential prized recreational lakefronts in the region, tion. for a magnificent park that would serve to just as it was at the turn of the century. Their In the 1970’s, Jim was a trusted advisor and bring the community closer together. In 1908, constant dedication and commitment is worthy counsel to Senate Majority Leader Howard Frank Long, Chairman of the City Council of our deepest admiration.

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K29SE8.016 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2386 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 2009 A TRIBUTE TO DR. THEOPHINE cian Specialists, and the American College of Despite the Navy’s decision, the people of ABAKPORO Physicians. Cleveland saved the Cod from being Madam Speaker, I urge my colleagues to scrapped. School children, veterans groups, HON. EDOLPHUS TOWNS join me in recognizing Dr. Theophine Scouts and ‘‘Save the Cod,’’ a group formed OF NEW YORK Abakporo. by local business leaders in 1972, all banded IN THE HOUSE OF REPRESENTATIVES f together to raise money and save the historic and symbolic submarine. In 1976 the Navy Tuesday, September 29, 2009 A PROCLAMATION HONORING turned the Cod over to her civilian caretakers, ADAM MIZER FOR WINNING THE Mr. TOWNS. Madam Speaker, I rise today who immediately began restoring the Cod to BOYS’ DIVISION III STATE BASE- in recognition of Dr. Theophine Abakporo, the original beauty that she was while defend- BALL CHAMPIONSHIP Medical Director of the Department of Emer- ing America. In 1986 these efforts were recog- gency Medicine & Pre-Hospital Care at nized by the Federal Government which de- Wyckoff Heights Medical Center and dedi- HON. ZACHARY T. SPACE clared the Cod a National Historic Landmark. cated public servant. OF OHIO The Cod’s world-class restoration continues Dr. Theophine Abakporo, MD was born in IN THE HOUSE OF REPRESENTATIVES today, focusing on her Cleveland-built en- Nigeria in 1964. During his childhood, he was Tuesday, September 29, 2009 gines. deeply influenced by the devastating experi- The Cod’s caretakers estimate that more ence of growing up in a country at war. He Mr. SPACE. Madam Speaker: Whereas, Adam Mizer showed hard work than a million people have toured the Cod in witnessed the effects the war had on his local and dedication to the sport of baseball; and the 50 years she has called Cleveland home. community—displacement, premature deaths, Whereas, Adam Mizer was a supportive In addition to being a popular attraction on injuries, disease and poverty. As he grew team player; and Cleveland’s lakefront, the Cod has also helped older, he realized the importance of commu- Whereas, Adam Mizer always displayed bring revenue into downtown by hosting tele- nity organizations and public service. sportsmanship on and off of the field; now, vision and film documentaries as well as mili- At the age of 23, Dr. Abakporo obtained his therefore, be it tary reunions and other special projects. MD degree from Jos Medical School in Nige- Resolved, that along with his friends, family, Madam Speaker and colleagues, please join ria. Upon graduation, he was appointed Med- and the residents of the 18th Congressional me in recognizing the celebration of the U.S.S. ical Officer with the Nigerian Army Field Am- District, I congratulate Adam Mizer on winning Cod’s 50 Years in Cleveland. The U.S.S. Cod bulance. Subsequently, he relocated to the the Boys’ Division III State Baseball Cham- (SS 214) is both a floating memorial to U.S. United States to pursue his postgraduate med- pionship. We recognize the tremendous hard submariners who gave their lives defending ical education. In 1995, he completed his resi- work and sportsmanship he has demonstrated freedom as well as a unique piece of Cleve- dency in internal medicine at Brookdale Uni- during the 2008–2009 baseball season. land’s industrial history. versity Medical Center in Brooklyn, New York. f He is board certified in internal medicine and f emergency medicine. IN RECOGNITION OF THE U.S.S. RECOGNIZING THE JOINT COMMU- In response to the increasing need for dis- COD’S 50 YEARS IN CLEVELAND NITY POLICE PROJECT IN MIN- aster awareness and management he took NESOTA further training and certification. He is certified HON. DENNIS J. KUCINICH by the United States Department of Homeland OF OHIO HON. KEITH ELLISON Security in healthcare leadership and adminis- IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA trative decision-making in response to weap- IN THE HOUSE OF REPRESENTATIVES ons of mass destruction (WMD). He is certified Tuesday, September 29, 2009 Tuesday, September 29, 2009 by the United States Army in Chemical, Bio- Mr. KUCINICH. Madam Speaker, I rise logical, Radiological, Nuclear, and Explosive today in recognition of the U.S.S. Cod’s 50 Mr. ELLISON. Madam Speaker, I rise today incidents (CBRNE). In addition, he is certified Years in Cleveland celebration on August to congratulate the Joint Community Police by the Fire Department of New York (FDNY) 14th, 2009. The celebration featured a special Project (JCPP), an initiative of the Hopkins, in online medical control. free admission day for the public and cere- Richfield, Brooklyn Park, and Brooklyn Center While pursuing his medical career Dr. mony to mark the golden anniversary and res- Police Forces in Hennepin County, Minnesota, Abakporo became deeply involved in the toration of the Cod’s Cleveland-built diesel en- for being selected by the International Asso- health care needs of the inner-city commu- gines. The ceremony concluded with a salute ciation of Chief’s of Police (IACP) as the win- nities in the United States. Dr. Abakporo to the people of Cleveland with the firing of ner of the 2009 Civil Rights Award. worked hard and committed himself to partici- the Cod’s deck gun. The IACP is made up of over 20,000 law pating in the health outreach and other pro- On March 21, 1943 the U.S.S. Cod was enforcement members at command level in grams related to the well being of the Brooklyn launched and its engines, built in a General 89+ countries. This is the first time the JCPP communities such as Ocean Hill, Brownsville, Motors plant on Cleveland’s west side, pow- has received programming recognition from East New York, Bed-Stuy, Bushwick and ered the submarine around the globe. Accord- the International Association of Chief’s of Po- Ridgewood communities. This strong willing- ing to Dr. John Fakan, president of the non- lice. ness to help and care for people, contributed profit U.S.S. Cod Submarine Memorial, ‘‘GM These four aforementioned cities live the to his interest and focus in the field of emer- built Cod’s five diesels right here in Cleveland, value of civil rights through the actions of the gency medicine and pre-hospital care. but it didn’t end there. Much of the steel plate Joint Community Policing Project—which In 1996, Dr. Abakporo joined Wyckoff that forms her hull was made in Cleveland and strives to enhance communication and under- Heights Medical Center as an Attending Physi- Youngstown steel mills from Great Lakes ore.’’ standing between police and multicultural resi- cian in the Department of Emergency Medi- Through her heroic missions in World War II, dents to improve public safety and livability in cine. His leadership, hard work and dedication Cleveland-based training programs during the the community. earned him a promotion as Assistant Director Cold War, and place as a historic site and I invite all the members of Congress to join in 2005. Dr. Abakporo currently serves as submarine memorial in Cleveland, the U.S.S. me in recognizing the excellent work of these Medical Director of the Department of Emer- Cod has become a national symbol. four fine Minnesota police forces of Hopkins, gency Medicine & Pre-Hospital Care at After her successful WW II service in the Richfield, Brooklyn Center, and Brooklyn Park Wyckoff Heights Medical Center. Pacific Ocean, the Cod continued to protect for reaching out to new Americans within our In 2008, Dr. Abakporo was honored by the America in the Cold War by training NATO cities and providing the services, hospitality, Wyckoff Heights Medical Center’s Nursing Ad- anti-submarine forces in the Atlantic Ocean. In and valued information to make them wel- ministration for his motivation, excellence, 1959 the Cod was brought to Cleveland to come, active participants in our community. dedication and service to the patients and serve as a dockside trainer for reservists, and In 2009, I proposed and Congress approved staff. He received the Nursing Recognition instantly became popular with the public. Citi- a $100,000 appropriation to continue the work Award for Physician Education & Nursing Col- zens were allowed to tour the sub when the of the Joint Community Police Partnership. laboration. Navy wasn’t conducting training aboard, and One example of their work can be seen in Dr. Abakporo is a member of World Asso- these civilian tours continued even after the Hopkins, where some of the appropriated ciation of Disaster and Emergency Medicine Navy declared the Cod obsolete in 1971 and funds enabled JCPP to hire a Somali college (WADEM); the American Association of Physi- began the scrap process. student to work as Public Service Officer for

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K29SE8.005 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS September 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2387 the Hopkins Police Department. Already they change course from this current process and commanded the security forces responsible for are witnessing a powerful positive reaction by instead open these important spending bills, operation of Cuban and Haitian migrant the young immigrant children when the youth including the continuing resolution, to amend- camps. Major General Lehnert commanded see this young man in a Hopkins Police De- ment through an open process. Marine Wing Support Group 27 at Cherry partment uniform at the schools and in their f Point, North Carolina from 23 May 1996 to 28 apartment complexes. In addition, funds from May 1998. He was reassigned as the Deputy this appropriation are being used to bring in A TRIBUTE TO MAJOR GENERAL Chief of Staff, G–4 II MEF. In 1999, he de- successful Somali women from the community MICHAEL R. LEHNERT ployed to Panama as the Chief of Staff, Joint to speak to the school club, to mentor them in Task Force Panama to oversee the final turn- making positive choices, help build their self HON. DARRELL E. ISSA over of the Canal and the remaining military esteem, and counsel them to avoid involve- OF CALIFORNIA bases. ment in gangs. IN THE HOUSE OF REPRESENTATIVES His first tour as a general officer was at In closing, Madam Speaker, I would like to Tuesday, September 29, 2009 Headquarters Marine Corps, where he served extend my personal congratulations to the as the Assistant Deputy Commandant for In- Joint Community Police Partnership for being Mr. ISSA. Madam Speaker, I rise today to honor and pay tribute to an individual whose stallations and Logistics. He took command of a model of excellence both in our country and 2d Force Service Support Group in July 2001 abroad. dedication and contributions to the United States Marine Corps are exceptional. For and in January 2002, he deployed to Guanta- f more than thirty-five years this man has namo Bay, Cuba as Commander, Joint Task LEGISLATIVE BRANCH served our nation in the most outstanding and Force 160. JTF 160’s mission was to construct APPROPRIATIONS ACT, 2010 dedicated manner. On the occasion of his re- and operate the detention facilities for Taliban tirement, I feel it only right to recognize the and Al Queda detainees. In 2003, he deployed SPEECH OF magnificent service Major General Michael R. with the 2d FSSG to the CENTCOM theater Lehnert has performed for our country. and participated in Operation Iraqi Freedom as HON. STEVEN C. LaTOURETTE Commander, Marine Logistics Command. His OF OHIO Major General Lehnert graduated from Cen- tral Michigan University in 1973 with an under- most recent assignment was as Chief of Staff, IN THE HOUSE OF REPRESENTATIVES graduate degree in History and commissioned United States Southern Command, Miami, Wednesday, September 23, 2009 a Second Lieutenant through the PLC pro- Florida. Mr. LATOURETTE. Madam Speaker, I rise gram. After attending the Marine Officers Decorations include the Defense Superior to object to the process by which the majority Basic School in Quantico, Virginia, he was Service Medal with one oak leaf cluster, the has brought the continuing resolution to the transferred to Camp Lejeune, North Carolina. Legion of Merit with Gold Star, the Defense floor of the House of Representatives. While Assignments at Camp Lejeune included engi- Meritorious Service Medal with two oak leaf we can all agree that it is sometimes nec- neer platoon commander and maintenance of- clusters, the Navy Commendation Medal with essary to adopt a continuing resolution to ficer LSU–32 and S–4, H&S Battalion, 2nd gold star and the Navy Achievement Medal. keep federal government programs running in FSSG. Assigned to 9th Engineer Support Bat- Major General Lehnert has consistently the new fiscal year as the respective Appro- talion in Okinawa Japan, he served as Bn Op- shown genuine concern for those who serve in priations Subcommittees finalize their con- erations Officer and finished his tour as com- his command, regularly placing their comfort ference reports, attaching the resolution to the mander Company A, 9th Engineers. and support above his own. He and his wife, conference report for appropriations for the In 1977, he was ordered to Marine Bar- Denise, are a prototype for general officers Legislative Branch is inappropriate and a di- racks, Subic Bay, Republic of the Philippines who have the honor to follow them in com- rect attempt by the majority to stifle debate in as the Operations Officer. In 1978, he took mand. this House. command of Company A, Marine Barracks, Further, Madam Speaker, the majority’s ac- Subic Bay. In 1979, Major General Lehnert at- On the occasion of his retirement, and on tion in this instance is just one more swipe at tended the U.S. Army Advanced Engineer behalf of the people of the United States the minority in a pattern that began at the start School at Fort Belvoir, Virginia. After gradua- whom he has served with courage and honor, of this body’s deliberation on Appropriations tion, he served as Executive Officer, USMC we commemorate the exceptional service of bills earlier this summer. It has continued to Recruiting Station, San Antonio, Texas. He Major General Michael R. Lehnert. stifle debate throughout the process by re- was transferred to Camp Pendleton, California stricting the minority’s ability to offer amend- in 1983 and held the following assignments f ments to these important funding bills. Over from 1983 to 1986. Company Commander, A PROCLAMATION HONORING the summer months in which we considered Company C, 1st Landing Support Battalion ALEX KNECHT FOR WINNING all 12 appropriations bills, the majority’s struc- Commanding Officer, Combat Service Support THE BOYS’ DIVISION III STATE tured rules permitted the minority to offer just Detachment 11 Commanding Officer, Combat BASEBALL CHAMPIONSHIP over 100 amendments, of which only approxi- Service Support Detachment 16 Executive Of- mately 50 per cent were on substantive issues ficer, MAU Service Support Group 17 Landing directly impacting policy and/or program fund- Force Support Party Cdr, BSSG 7 MEF Engi- ing levels. That’s just 50 amendments on real neer, First Marine Amphibious Force. HON. ZACHARY T. SPACE policy, impacting government spending on In 1987, he was selected for Armed Forces OF OHIO specific programs across the entire federal Staff College. After graduation, he was as- IN THE HOUSE OF REPRESENTATIVES government. signed to the United States Southern Com- Following on this abysmal stifling of Repub- mand in the J–3 Operations Directorate as Tuesday, September 29, 2009 lican amendments on these bills, Madam Chief, Central American Exercise Branch. Dur- Speaker, next the majority has again found a ing the Panama crisis, he participated in Oper- Mr. SPACE. Madam Speaker: way to prevent meaningful debate on the fund- ation Just Cause and Operation Promote Lib- Whereas, Alex Knecht showed hard work ing resolution which continues to keep the erty. Major General Lehnert was reassigned in and dedication to the sport of baseball; and government open by attaching it to the con- 1990 as Inspector-Instructor, 6th Engineer Whereas, Alex Knecht was a supportive ference report on the Legislative Branch Ap- Support Battalion, Portland, Oregon. He was team player; and propriations bill. Since the conference report selected for top level school, completed the cannot be amended, there was no opportunity Naval War College in 1993 and was awarded Whereas, Alex Knecht always displayed for another point of view in continuing the gov- a masters degree in International and Stra- sportsmanship on and off of the field; now, ernment’s operations. Madam Speaker, this tegic Studies. therefore, be it behavior is not merely frustrating, but it also In 1993, he was assigned to the Joint Resolved, that along with his friends, family, works directly against the very backbone of Warfighting Center in Norfolk, Virginia where and the residents of the 18th Congressional our nation—a democracy with free and open he served as the Chief of the Futures Branch, District, I congratulate Alex Knecht on winning debate on issues. Doctrine Division. In 1995, he reported to 2d the Boys’ Division III State Baseball Cham- It is my sincere hope that in the future, MAW and participated in Operation Sea Sig- pionship. We recognize the tremendous hard Madam Speaker, regardless of which party nal, Guantanamo Bay, Cuba as Commander, work and sportsmanship he has demonstrated holds the majority in the House, we can Joint Task Group Bulkeley, JTF 160, where he during the 2008–2009 baseball season.

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K29SE8.023 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2388 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 2009 IN HONOR AND RECOGNITION OF CONGRATULATIONS TO and systematic,’’ and directed at the people of STAN HASSE POSTMASTER OLA HELM Gaza as a whole, failing to acknowledge Israel’s right to defend itself against terrorism, HON. RON PAUL namely the thousands of rockets launched HON. DENNIS J. KUCINICH OF TEXAS daily at its citizens. Moreover, the Goldstone Report ignores the extraordinary steps taken OF OHIO IN THE HOUSE OF REPRESENTATIVES by Israel to minimize civilian casualties, often IN THE HOUSE OF REPRESENTATIVES Tuesday, September 29, 2009 putting its own soldiers at greater risk to do Mr. PAUL. Madam Speaker, Ola Helm, a 23 so. Tuesday, September 29, 2009 year veteran of the United States Postal Serv- The United States and Israel have shared a Mr. KUCINICH. Madam Speaker, I rise ice, will be officially sworn in as the 24th post- close relationship of friendship, cooperation, today in honor and recognition of Stan Haase, master for the Brazoria, Texas post office on and strategic alliance that serves as an exam- Thursday, October first. I am pleased to ex- ple to the rest of the world. In order to pre- who recently celebrated his 85th birthday. tend my congratulations to Postmaster Helm. serve and foster this relationship, I believe it is Stan Haase was born on July 22, 1924 in Postmaster Helm began her postal career imperative for the United States to unequivo- Kitchener, Ontario to Adolph Carl and Anna on May 10, 1986 as a letter carrier in my cally reject the findings of the Goldstone Re- Caroline Haase. His parents bought a home hometown of Lake Jackson, Texas. Over the port. And while recent years have unfortu- on Cedar Street, where they raised Stan and years, Postmaster Helm held a variety of posi- nately been marked by escalating armed con- his younger brother Gerald. The Haase family tions in the postal service, including window flict between Israel and Hamas, the United enjoyed spending their weekends together at clerk, supervisor, coach postmaster and officer States should stand steadfast in its commit- Stan’s great-grandmother’s house where they in charge at a variety of local post offices, in- ment to a free and secure Israel as the Middle took pleasure in square dancing and playing cluding Danbury, Freeport, West Columbia, East comes to embrace the liberties and free- their favorite card game, pinochle. It was a Sweeny and Needville. doms of democratic societies. Prior to being appointed postmaster for spirited and loving environment in which they f Brazoria, Ola Helm served as Postmaster for celebrated family and their German heritage. the Van Vleck office. She has spent the past HONORING DR. KATHLEEN WES- At the age of eighteen, Stan Haase enlisted 17 months familiarizing herself with the em- TON OF KENTON AND GROSSE in the Royal Canadian Air Force to serve his ployees and patrons of the Brazoria post of- POINTE, MICHIGAN country during World War II as a Chief Pilot fice. The people of Brazoria County are lucky Officer. Following his service, Stan returned to have such a dedicated and experienced HON. BART STUPAK home and went to work for his father as a postal veteran serving as postmaster, and I OF MICHIGAN truck driver. It was during his years as a driver am pleased to once again extend my con- IN THE HOUSE OF REPRESENTATIVES that Stan met Katherine Schell. They were gratulations to Postmaster Ola Helm. Tuesday, September 29, 2009 f married on July 7, 1950. Their mutual desire Mr. STUPAK. Madam Speaker, I rise to rec- to realize the American Dream began during UNITED NATIONS HUMAN RIGHTS ognize Dr. Kathleen Weston, a remarkable their honeymoon when they immigrated to De- COUNCIL GOLDSTONE REPORT woman who has spent her life at the forefront troit. After several years of hard work they be- of medical research in the field of prescription came naturalized American citizens. Mr. HON. MICHELE BACHMANN drug toxicology. Dr. Weston’s work has in- Haase was a loving and devoted husband to OF MINNESOTA cluded large-scale production development of his beloved wife, Katherine, for 53 years. IN THE HOUSE OF REPRESENTATIVES the first Salk polio vaccine for worldwide dis- By September 1969, Stan and Katherine tribution and providing legal advice on toxi- Tuesday, September 29, 2009 cology issues for a range of government agen- Haase had moved to a home on Newbury Mrs. BACHMANN. Madam Speaker, just as cies. At 102 years of age, Dr. Weston con- Lane in Parma Heights, Ohio to raise their the United States is a symbol of hope and tinues to be an active contributor to her family three young sons, Greg, Woody and Rick. It freedom around the globe, Israel stands as a and community. was at this home that the family began to es- symbol of freedom and democracy in an area Dr. Weston was born in 1907 in the village tablish new family traditions, such as sharing historically rampant with violence and oppres- of Kenton in Michigan’s Upper Peninsula. Born the days’ events with one another over dinner. sion. For this reason, I am compelled to voice Kathleen Shingler, she was one of four chil- Sundays were also a special time for the my strong objections to the allegations made dren; her father worked as a general store Haase family. Each Sunday Mrs. Haase cre- in a recent report commissioned by the United keeper and her mother was a school teacher. ated beautiful and elaborate meals while Mr. Nations Human Rights Council and carried out After graduating from high school, one of two Haase entertained the family with stories of by former South African Judge Richard in her class to do so, Dr. Weston enrolled in his childhood. The home on Newbury Lane Goldstone. The report alleges human rights Northern State Normal School (now Northern was full of magic at Christmas time. Mr. violations on the part of Israel. Michigan University) where she graduated with Haase made Santa Claus come to life and Madam Speaker, the U.N. Human Rights a degree in biology in 1929. After beginning Mrs. Haase decorated. Council has long been recognized for its anti- her career teaching biology at Munising High Israel bias, so it comes as little surprise they School, Dr. Weston joined her husband, Jean Mr. Haase has had several hobbies would rubber-stamp the ‘‘Goldstone Report’’ K. Weston, in enrolling in graduate school at throughout his lifetime. As a licensed amateur and its findings of ‘‘crimes against humanity’’ the University of Michigan earning a master’s radio operator he has spoken and forged with regard to Israel’s activities in Gaza. As degree in anatomy and genetics in 1934. friendships with people in 321 different coun- you may know, Israel is the only country listed After taking a position teaching anatomy tries. His skill as an amateur radio operator on the Council’s permanent agenda, which ex- and physiology to nursing students, Dr. Wes- has won him many awards and certificates. In amines only supposed Israeli violations of Pal- ton enrolled in medical school at Temple Uni- addition to gaining a reputation as a first-class estinian human rights, while ignoring the versity. Weston credits the nurses she taught repairman, Mr. Haase is also a computer en- threats or actions of terrorist groups, or the with her acceptance to the program after the thusiast. Stan has built and programmed sev- nations that support them, and their calls for dean struck a deal that he would admit her, eral of his home computers. He continues to the destruction of other U.N. Member States. provided she could get the nurses to pass be interested in learning new technology. To quote Israel’s Ambassador to the U.S., Mi- anatomy and physiology. All of the nurses chael Oren, ‘‘Israel basically was the equiva- passed and Dr. Weston graduated from med- Madam Speaker and Colleagues, please lent of being summoned to a court in which its ical school in 1951, one of five women in a join me in honor and recognition of Stan guilt was already presumed . . . I can’t think class of 125. Haase. Stan is a charismatic and proud man. of any country in the world which would par- Upon graduation Dr. Weston moved to De- He remains deeply committed to his family ticipate in such a farce of justice.’’ troit with her husband who worked to develop and his friends. Stan’s sense of humor reflects Indeed, while this report condemns Israel’s a modern toxicology laboratory for Parke- his great appreciation for life. I wish Mr. Haase actions, it ignores the precipitating causes of Davis and Company. As one of five pharma- a joyous 85th year and blessings of peace, Israel’s self-defensive actions, concluding that ceutical companies to produce the Salk polio health and happiness. Israel’s military operations were ‘‘deliberate vaccine for worldwide distribution, the head of

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K29SE8.020 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS September 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2389 Parke-Davis research recruited Dr. Weston to HONORING CHARLES MYATT UPON ers. On January 12, 1910, the church moved work on the Salk project because of her expe- HIS RETIREMENT their services to an old bank building. Months rience with microscopes and the nervous sys- following the move to the bank, the Baptist La- tem. During the interview process Dr. Weston HON. BART GORDON dies Aid Society graciously donated land to broke down several barriers for women— OF TENNESSEE the church where the tabernacle was built. Over the next forty years, the tabernacle un- Parke-Davis agreed to pay her what it was IN THE HOUSE OF REPRESENTATIVES paying other MD’s working for them, far more derwent building additions and extensive ren- than the salary they usually paid women at the Tuesday, September 29, 2009 ovations to include a nursery, an education time, and following the interview she was the Mr. GORDON of Tennessee. Madam building, and parsonages. first woman to ever lunch in the company’s ex- Speaker, I rise today to honor Charles Myatt In 1952, with guidance from Reverend ecutive dining room. who is retiring from First Tennessee bank after Thomas B. Guinn, the church began building As Parke-Davis began to produce the Salk a 40 year career. a larger education building south of the sanc- polio vaccine on a large scale, Dr. Kathleen In 1969, Charlie graduated from Middle Ten- tuary. In 1955, the services were moved to the Weston directed infectious control tests of the nessee State University in Murfreesboro with a education building, and in 1957 a special audi- vaccine to certify no live virus was present. bachelor’s degree in Marketing. He began his torium was added to the building to hold the She went on to become head of the Parke- banking career with First Tennessee in Chat- services. Twenty-nine years later the con- Davis toxicology laboratory in Ann Arbor, tanooga, and his talent and understanding of gregation would move again. On Easter Sunday, March 30, 1986, the Michigan. Dr. Weston considers her three business were quickly recognized. Over the present-day sanctuary was opened to the pub- years working on the Salk polio vaccine as her course of his 19 years in Chattanooga, he was lic, and on this day, 2,655 people came to cel- top scientific achievement. promoted to numerous leadership positions, ebrate it. As for the former church location, it Following Parke-Davis, Dr. Weston contin- including senior vice president and manager of the branch division, as well as senior vice was decided the building would be trans- ued her work in toxicology at Burroughs-Wel- formed into the International Missions Center. come in New York and as a consultant for president and manager of the east region of Chattanooga’s correspondent division. The center has hosted five missionary compa- government agencies including the National nies which have worked in Latin countries, Institute of Health and the Environmental Pro- Charlie returned to Murfreesboro in 1988 to become First Tennessee’s Rutherford County Korea, Vietnam, Cambodia, and Africa. tection Agency in Washington, D.C. While in Today, the congregation has grown to have Washington, D.C. she also taught at George Regional President. During his 21 year tenure as Regional President, Charlie more than tri- 4,500 members, and it continues to grow. With Washington University Medical School. such a large congregation, the First Baptist Dr. Weston continued to work as a con- pled the number of First Tennessee banking centers from three to ten locations in Ruther- Church has become a cornerstone of the com- sulting toxicologist until 1997. Today she is munity. The church involves itself in charity still an active reader and is currently assisting ford County. Throughout his career, Charlie proved to not events and community programs. Under the the Kenton Historical Society with their re- leadership of Dr. Brent Taylor, the pastor search. only be an excellent banker but also a dedi- cated community leader. Charlie is an active since 1999, the church has continued pro- Madam Speaker, Dr. Kathleen Weston has member, deacon, and past chairman of the grams such as the Bus Ministry which pro- spent her life as a leader in toxicology re- budget and finance committee at First Baptist vides transportation to children and teenagers search and as a trailblazer for women entering Church in Murfreesboro. He has maintained a who are unable to attend service and the the medical profession. Her work with the Salk constant connection with MTSU, serving on Friendship House which provides food, polio vaccine helped save countless lives numerous boards and committees, and he has clothes, and Christmas gifts for families in around the world. I ask Madam Speaker, that been recognized as an MTSU ‘‘Distinguished need. I am honored to represent the First Baptist you and the entire U.S. House of Representa- Alumnus.’’ tives join me in honoring Dr. Kathleen Weston Charlie has also served as President of the Church of Carrollton and I ask my colleagues on the important work she has accomplished Boys and Girls Club of Rutherford County, to join me in congratulating the congregation in the field of prescription drug toxicology and Chairman of the Rutherford County Chamber upon their 100th anniversary. in her work to help record the history of her of Commerce, and Chairman of the f hometown of Kenton. Murfreesboro Parks and Recreation Commis- IN HONOR AND REMEMBRANCE OF sion. MAJOR ROCCO M. BARNES f The many awards and distinctions Charlie A PROCLAMATION HONORING has received highlight his successful career, HON. DENNIS J. KUCINICH ANDY ALLENSWORTH FOR WIN- including the Daily News Journal—SunTrust OF OHIO NING THE BOYS’ DIVISION III Bank ‘‘Humanitarian of the Year’’ and the IN THE HOUSE OF REPRESENTATIVES Rutherford County Chamber of Commerce STATE BASEBALL CHAMPION- Tuesday, September 29, 2009 SHIP ‘‘Business Person of the Year.’’ Charlie, I hope you enjoy a long and happy Mr. KUCINICH. Madam Speaker, Major retirement with your wife, Judy, as well as Barnes grew up in North Olmsted and grad- HON. ZACHARY T. SPACE your children and grandchildren. uated from North Olmsted High School. Short- OF OHIO f ly thereafter, he enlisted in the U.S. Army, and became part of the Army’s Special Forces IN THE HOUSE OF REPRESENTATIVES HONORING FIRST BAPTIST HALO detachment. He was trained as a Spe- Tuesday, September 29, 2009 CHURCH OF CARROLLTON cial Forces Medical Sergeant, Parachutist and Mr. SPACE. Madam Speaker: Infantry Officer. Following his service in the Army, he joined the Army National Guard. Whereas, Andy Allensworth showed hard HON. KENNY MARCHANT Major Barnes’ service in the military totaled work and dedication to the sport of baseball; OF TEXAS thirty-one years; during which he served two and IN THE HOUSE OF REPRESENTATIVES tours in Iraq and two tours in Afghanistan. Whereas, Andy Allensworth was a sup- Tuesday, September 29, 2009 Along the way, Major Barnes earned a portive team player; and Mr. MARCHANT. Madam Speaker, I rise Bachelor’s degree in English Literature. In ad- Whereas, Andy Allensworth always dis- today to honor the First Baptist Church of dition to his military service, his love for books played sportsmanship on and off of the field; Carrollton, Texas. The church is celebrating its and writing led him to a civilian career in the now, therefore, be it 100th anniversary, and I would like to take a entertainment industry in California, where he Resolved, that along with his friends, family, moment to speak about the history of the became a playwright and screenplay writer. and the residents of the 18th Congressional church and its past and present contributions Additionally, he utilized his military experience District, I congratulate Andy Allensworth on to our community. within the private security sector; Major winning the Boys’ Division III State Baseball Established in 1909 by thirteen people, the Barnes was the Director of West Coast Oper- Championship. We recognize the tremendous First Baptist Church began its history at a mis- ations for Vance International. hard work and sportsmanship he has dem- sionary tent revival. The church conducted Throughout his service in the military, Major onstrated during the 2008–2009 baseball sea- their services within the same tent of its estab- Barnes consistently exemplified bravery, com- son. lishment and at the home of one of its found- passion and he often and readily offered his

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.012 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2390 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 2009 assistance to anyone in need, without regard standing religious institution, St. Anthony of HALL OF FAMER HAL MCCOY to his own sacrifice. Major Barnes served as Padua R.C. Church in Paterson, New Jersey, LEAVES THE PRESS BOX a father figure, guide and mentor to numerous which is celebrating its 100th Anniversary of young military recruits, and was like an uncle dedicated service to its parishioners, and by HON. MICHAEL R. TURNER to the children of close friends. For many extension, the greater community. OF OHIO years, Major Barnes sponsored a child from It is only fitting that St. Anthony of Padua IN THE HOUSE OF REPRESENTATIVES Indonesia, sending money and letters of en- R.C. Church Parish be honored in this, the Tuesday, September 29, 2009 couragement on a regular basis. Recently, permanent record of the greatest democracy Mr. TURNER. Madam Speaker, as the Cin- Major Barnes was part of a successful effort to ever known, for the spiritual home it has pro- cinnati Reds wind down their 2009 season, save the life a severely injured child in Af- vided to American families, especially those many in Dayton and southwest Ohio are feel- ghanistan. just embarking on their path to the American ing a sense of loss for the departure of the His compassion, unwavering integrity and dream, and the dedication to the entire com- Reds’ best known sports writer, Hal McCoy, professional excellence are documented in the munity that helps keep this deeply rooted par- numerous military commendations he re- who retires next week. ish family growing towards the future. To call Hal McCoy an institution in sports ceived, including the California Medal of Merit, On December 8, 1909, the feast of the Im- Bronze Star, Meritorious Service Medal, Army journalism is somehow not giving him due maculate Conception, Salesian Father John credit. Hal McCoy is the Reds to the readers Commendation Medal, Humanitarian Service Focacci, founding pastor, celebrated the first Award, Armed Forces Reserve Medal and the of the Dayton Daily News. He’s been on the Mass in a small wooden building on Beech Reds’ beat for 37 years—longer than any Global War on Terrorism Service Award. Street, Paterson. The parish was then called Major Barnes is survived by his mother, other sports reporter following a single team. Saint Anthony of Padua Mission Church. From Grace Barnes-Filo; his father, Harold Barnes; His ‘‘Real McCoy’’ blog on the Dayton Daily this humble beginning, Saint Anthony’s min- his sisters, Therese Rose Barnes, Jennifer News site notes ‘‘McCoy has covered more Barnes, and Julie Keating; And, his nephew istered to the needs of a growing Italian immi- than 7,000 major-league baseball games, writ- Timothy and niece, McKenzie. I also extend grant population in the Sandy Hill section. ten close to 18,000 baseball stories and eaten my condolences to his extended family mem- Over the years, Saint Anthony’s developed enough hot dogs to give Babe Ruth indiges- bers and many close friends. into a modern ecclesiastical and educational tion.’’ Madam Speaker, and colleagues, please complex, the result of many sacrifices, hard An honors graduate from Kent State Univer- join me in honor and remembrance of Major work and dedication of its loyal parishioners. sity’s School of Journalism, Hal McCoy has 43 Rocco Martin Barnes, whose heroic actions, Marking its 100th anniversary, Saint Antho- Ohio and national writing awards. Most appro- kindness, generous spirit and love for those ny’s finds itself once again tending to the spir- priately, he is also a member of the writer’s closest to him will be remembered always. itual and material needs of immigrants, this wing of the National Baseball Hall of Fame in Major Barnes was a courageous United States time from the Caribbean and Central and Cooperstown, NY. Hal McCoy’s retirement comes as the Day- soldier, and an exceptional human being. His South America, seeking to realize the Amer- ton Daily News ceases its special reporting on life, gone too soon, was framed by his great ican Dream, parish services now echo the Cincinnati Reds due to budget limitations. love for family, friends and country. The sig- English, Italian, and Hispanic voices, and As McCoy put it, ‘‘I’ll finish the season cov- nificant sacrifice, service, courage that defined trilingual choirs enrich the festive liturgies. ering the Reds and baseball, the last hurrah, the life of Major Barnes will be honored and The parish has built its tradition by giving its then say my final goodbyes. They’re putting remembered by the entire Cleveland commu- parishioners spiritual roots in their neighbor- me out to pasture. I only wish it was center nity, and our Country. hood, providing a deep sense of community to field.’’ those who have grown in the Church, receiv- f While he notes retirement is not something ing their sacraments there, as well as wel- A PROCLAMATION HONORING BILL he looks forward to, Hal McCoy admits he coming newcomers to the surrounding area. may still do some writing for the Dayton Daily RUEGSEGGER FOR WINNING THE The St. Bonaventure’s parish family has ex- BOYS’ DIVISION III STATE BASE- News. We hope so. Good luck and thanks for panded throughout the years to include many everything, Hal. BALL CHAMPIONSHIP parishioners who have moved out of the neighborhood, but return with their families to f HON. ZACHARY T. SPACE worship at the parish. I am certain that St. An- HONORING STANLEY L. OF OHIO thony of Padua R.C. Church will continue to STRAUGHTER IN THE HOUSE OF REPRESENTATIVES thrive and enrich not only those who worship Tuesday, September 29, 2009 there but so many others in need throughout HON. ROBERT A. BRADY Mr. SPACE. Madam Speaker: the area. OF PENNSYLVANIA Whereas, Bill Ruegsegger showed hard The Salesian Fathers have withdrawn from IN THE HOUSE OF REPRESENTATIVES work and dedication to the sport of baseball; the parish after more than a century of serv- Tuesday, September 29, 2009 ice. St. Anthony School closed its doors after and Mr. BRADY of Pennsylvania. Madam Whereas, Bill Ruegsegger was a supportive 85 years as an educational Mecca to the Speaker, I rise to honor my friend Stanley L. team player; and neighborhood. Diocesan clergy now serve for Straughter, Chairman of the Mayor’s Commis- Whereas, Bill Ruegsegger always displayed the first time. Maintaining the parish’s physical sion on African and Caribbean Immigrant Af- sportsmanship on and off of the field; now, plant, especially the beauty of the House of fairs. Throughout his thirty year career, Stan- therefore, be it God, is a constant financial concern. Despite ley has been dedicated to the cause of inter- Resolved, that along with his friends, family, these challenges, Saint Anthony’s continues national development and the betterment of and the residents of the 18th Congressional undeterred in its mission, facing the uncertain District, I congratulate Bill Ruegsegger on win- those living in his community. future with hope and confidence in the parish Having lived and worked in various places ning the Boys’ Division III State Baseball and their faith. St. Anthony’s remains a living around the world, including Africa, Asia, Rus- Championship. We recognize the tremendous monument to those who came before and sia, and the Caribbean, Stanley has a long hard work and sportsmanship he has dem- those who are still here. history of working with foreign nations to pro- onstrated during the 2008–2009 baseball sea- The job of a United States Congressman in- mote economic development. Stanley has son. volves much that is rewarding, yet nothing worked with foreign governments on trans- f compares to learning about and recognizing parency and financial issues, trade policy, and TRIBUTE TO ST. ANTHONY OF the efforts of wonderful, thriving communities foreign direct investment. Among his many PADUA R.C. CHURCH like St. Anthony of Padua R.C. Church Parish. roles, Stanley serves as an advisor to the Madam Speaker, I ask that you join all of World Conference of Mayors, as Senior Fi- the parishioners and clergy of St. Anthony of nance Advisor to Niger and Togo, and as a HON. BILL PASCRELL, JR. Padua R.C. Church Parish, all those whose OF NEW JERSEY Senior Advisor to the African Development faith has been enriched throughout the years, IN THE HOUSE OF REPRESENTATIVES Bank. and me in recognizing the outstanding con- In addition to Stanley’s exceptional work in Tuesday, September 29, 2009 tributions of St. Anthony of Padua R.C. international development, he is also a com- Mr. PASCRELL. Madam Speaker, I would Church Parish to the church community and mitted member of other groups and organiza- like to call to your attention the work of an out- beyond. tions. Stanley is a member of various national

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K29SE8.021 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS September 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2391 and international organizations, such as Afri- A PROCLAMATION HONORING took pleasure in every aspect of his life and can American Unity Caucus, the Foundation BOBBY HALL FOR WINNING THE his interests. I commend him for his dedication for Hospice in Sub-Saharan Africa, and the BOYS’ DIVISION III STATE BASE- to both Bible Missionary Baptist Church and Global Interdependence Center. Stanley is BALL CHAMPIONSHIP the Baptist community as a whole. He will be also a member of organizations founded to im- missed by all who knew him, and I appreciate prove his local community. He is a member of HON. ZACHARY T. SPACE this opportunity to pay tribute to him before the Housing Association of Delaware County, OF OHIO the United States House of Representatives. the Philadelphia Revitalization and Education IN THE HOUSE OF REPRESENTATIVES Program, and the Greater Philadelphia Cham- f ber of Commerce. Tuesday, September 29, 2009 In recognition of Stanley’s hard work, he will Mr. SPACE. Madam Speaker: ON THE RETIREMENT OF DR. be presented with the Outstanding Community Whereas, Bobby Hall showed hard work MACK KING CARTER AS SENIOR Leader Award at the Laborers’ Local 332 and dedication to the sport of baseball; and PASTOR OF NEW MOUNT OLIVE Friends of Labor Committee’s Annual Black Whereas, Bobby Hall was a supportive team BAPTIST CHURCH IN FORT LAU- Tie Charity Dinner. player; and DERDALE, FLORIDA Stanley’s impressive career proves a long- Whereas, Bobby Hall always displayed standing commitment to the cause of inter- sportsmanship on and off of the field; now, national development. His extensive work therefore, be it HON. ALCEE L. HASTINGS showcases his dedication to the improvement Resolved, that along with his friends, family, OF FLORIDA of the international community, as well as his and the residents of the 18th Congressional local community. District, I congratulate Bobby Hall on winning IN THE HOUSE OF REPRESENTATIVES f the Boys’ Division III State Baseball Cham- Tuesday, September 29, 2009 IN RECOGNITION OF MAYOR pionship. We recognize the tremendous hard THOMAS LONGO work and sportsmanship he has demonstrated Mr. HASTINGS of Florida. Madam Speaker, during the 2008–2009 baseball season. I rise today to honor the life and career of Dr. HON. DENNIS J. KUCINICH f Mack King Carter, Senior Pastor of New Mount Olive Baptist Church in Fort Lauder- OF OHIO TRIBUTE TO PASTOR CLEO O. IN THE HOUSE OF REPRESENTATIVES dale, Florida on the occasion of his retirement. ALBURY, JR. New Mount Olive, founded in 1918, was ex- Tuesday, September 29, 2009 tremely fortunate to receive Dr. Carter as co- Mr. KUCINICH. Madam Speaker, I rise HON. KENDRICK B. MEEK pastor in August 1981. Dr. Carter has led the today in recognition of Mayor Thomas Longo, OF FLORIDA congregation since November 1982. as he retires from his position of Mayor of IN THE HOUSE OF REPRESENTATIVES Dr. Carter, a native of Ocala, Florida, re- Garfield Heights, Ohio. For 25 years, Mayor Tuesday, September 29, 2009 ceived a Bachelor of Arts degree from the Uni- Longo served his constituents with dedication, versity of Florida in 1970, a Master of Divinity vision and sincere concern for the people of Mr. MEEK of Florida. Madam Speaker, I rise to pay tribute to the late Pastor Cleo O. Albury degree in 1976 and a Doctorate of Ministry Garfield Heights, Ohio. degree in 1978, both from Southern Baptist In 2006, after 23 years, Mayor Longo was Jr., a beloved community leader, public serv- Theological Seminary. He has done additional officially recognized as the longest-serving ant and religious leader in my district. Pastor studies at Florida Memorial College and has mayor in Garfield Heights history. He is also Albury was the pastor at Bible Missionary received honorary doctorate degrees from recognized as the third-longest serving mayor Baptist Church of Miami, Florida. Florida Memorial and Bethune Cookman Col- in Cuyahoga County. Pastor Albury, a Miami, Florida native, was Before being elected mayor, Mayor Longo an honor graduate of Booker T. Washington lege. worked for nearly 20 years as a marketing ex- High School, attended Florida Agricultural & Dr. Carter is considered one of America’s ecutive with the former Ohio Bell Telephone Mechanical University and graduated from the great African American ‘‘pulpiteers.’’ His trav- Company. In 1975, he was elected to serve Southern Baptist Seminary Extension. More- els have taken him throughout the United on the Garfield Heights City Council, rep- over, Pastor Albury was one of the first Afri- States and abroad, preaching, teaching and resenting the city’s 4th Ward. In 1983, Mayor can-American Floridians to solo an aircraft in lecturing. A talented educator and popular Longo left Ohio Bell upon his election as the United States Air Force. speaker, his classes at the National Baptist mayor of Garfield Heights, and successfully Having dedicated his life to the church com- Convention Congress of Christian Education retained his seat in every successive election. munity, Pastor Albury began his pastoral ca- are filled to capacity with preachers and lay In conjunction with his service as the Mayor reer as pastor of the Mount Sinai Baptist persons who come to hear one of God’s mas- of Garfield Heights, Mr. Longo holds a seat on Church from 1969 to 1973, and followed as ter teachers. The consummate theologian, he the Northeast Ohio Regional Sewer District pastor and charter member of the Bible Bap- is considered a ‘‘preacher’s preacher.’’ board of trustees. He also serves as vice tist Church until 1999. During his long career, Dr. Carter served president of the Cuyahoga County Planning As pastor of Bible Missionary Baptist three churches in Ocala, Florida and one in Commission. Throughout his career, Mayor Church, Pastor Albury organized a $2 million Prospect, Kentucky before coming to New Longo’s vision and tenacity has become a re- dollar facility development program for the Mount Olive. A great writer in addition to his ality, reflecting in several civic milestones that church and the community; instituted a food other talents, he has authored four books: A continue to benefit residents of all ages. Some bank to combat hunger in Miami-Dade County; Catechism for Baptists, To Calvary and Be- of Mayor Longo’s most noteworthy achieve- and created a contingency fund for the unem- yond, A Quest for Freedom and Interpreting ments include the building of the Garfield ployed and needy in Miami-Dade County the Will of God. Heights Civic Center, Recreation Center, and through the church. Pastor Albury’s other com- Service Department garage, as well as the ad- munity and religious involvement included: In his younger days, Dr. Carter was a huge dition of a new fire station. Moreover, Mayor former member of Evangelism Task Force for fan of the New York Yankees. Everyone in the Longo’s genuine love of the people of Garfield Southern Baptist Convention, former board New Mount Olive family and visitors through Heights is evidenced by his compassionate member of Direct Action and Research Train- the years fondly recall his greeting, ‘‘We’re de- leadership and consistent willingness to reach ing Center, D.A.R.T., former board member of liciously proud to have you.’’ Since 1973, he out and assist families or individuals in need. People United to Lead the Struggle of Equal- has been the devoted husband of Patricia A. Madam Speaker and colleagues, please join ity, P.U.L.S.E., and he led the 1983 mis- Thomas Carter and is the proud father of two me in honor and recognition of Mayor Tom sionary teaching and ministry program for the wonderful daughters, Annalisa Robinson- Longo, as he retires from the role of Mayor of churches in Ghana, West Africa. Melton and Pamela Latrice Johnson. He is Garfield Heights, reflecting 25 years of loyal Madam Speaker, I ask you and all the also the doting grandfather of Brittany N. Rob- and dedicated service to the city and residents members of this esteemed legislative body to inson and Carter Nathaniel Johnson. of Garfield Heights, Ohio. I wish Mayor Longo, join me in recognizing the extraordinary life Madam Speaker, it has been a great joy for and his entire family, an abundance of health and accomplishments of Pastor Cleo O. me and this congregation to have Dr. Carter and happiness as he journeys onward from Albury Jr. Pastor Albury’s life was a triumph, as a friend, supporter, comforter and mentor. here. and he was blessed with a loving family who I wish him the very best on his retirement.

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A29SE8.015 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2392 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 2009 HONORING THE SERVICE OF THE gress have valued their service and profes- A PROCLAMATION HONORING LIBRARY OF CONGRESS POLICE sionalism. BRENNAN SOKOWOSKI FOR WIN- NING THE BOYS’ DIVISION III HON. ROBERT A. BRADY f STATE BASEBALL CHAMPION- OF PENNSYLVANIA SHIP IN THE HOUSE OF REPRESENTATIVES IN HONOR AND REMEMBRANCE OF UNITED STATES NAVY ENSIGN Tuesday, September 29, 2009 MATTHEW RICHARD MCFARLAND HON. ZACHARY T. SPACE Mr. BRADY of Pennsylvania. Madam OF OHIO Speaker, as Chairman of the Committee on IN THE HOUSE OF REPRESENTATIVES House Administration in conjunction with HON. DENNIS J. KUCINICH Ranking Member DANIEL LUNGREN, we want to Tuesday, September 29, 2009 take a few moments to recognize and say OF OHIO Mr. SPACE. Madam Speaker: thank you to the Library of Congress Police, IN THE HOUSE OF REPRESENTATIVES who will be formally merged into the U.S. Cap- Whereas, Brennan Sokowoski showed hard itol Police force on October 1, 2009. Tuesday, September 29, 2009 work and dedication to the sport of baseball; The Library of Congress, founded by Con- and Mr. KUCINICH. Madam Speaker, I rise gress in 1800, is not only the Nation’s oldest Whereas, Brennan Sokowoski was a sup- today in honor and remembrance of United federal cultural institution and research arm of portive team player; and the Congress, it is an unparalleled multimedia States Navy Ensign Matthew Richard ‘‘Uncle Whereas, Brennan Sokowoski always dis- world resource containing more than 142 mil- Buck’’ McFarland, who courageously and self- played sportsmanship on and off of the field; lion items in its collections with more and lessly rose to the call to duty and made the ul- now, therefore, be it more information in digital form, including nu- timate sacrifice in service to his country. Resolved, that along with his friends, family, merous documents concerning the founding of Matthew McFarland was born on April 1, the Nation and its history. and the residents of the 18th Congressional The Library’s collections, buildings, and 1922, the youngest of eight children. Affection- District, I congratulate Brennan Sokowoski on dedicated staff are widely known and re- ately known as ‘‘Uncle Buck’’ by his family, winning the Boys’ Division III State Baseball spected and protecting these resources has Ensign McFarland’s parents, Hugh McFarland Championship. We recognize the tremendous been both the mission and achievement of the and Grace O’Reilly, and siblings, Hugh, Jo- hard work and sportsmanship he has dem- Library of Congress Police. Security at the Li- seph, Katherine, Margaret, Mary Grace, John onstrated during the 2008–2009 baseball sea- brary, like other U.S. public institutions, in- and Andrew, were a close family with a strong son. cludes protecting facilities, staff and visitors. connection to the Catholic faith. At Holy Name Uniquely, the Library of Congress must also Church, Ensign McFarland served Mass every f protect—for the present and future use of morning as a child until the day before he en- HONORING BISHOP T. GARROTT Congress and the Nation—the largest, richest tered the Navy. Before entering the Navy Re- BENJAMIN, JR., D. MIN., SENIOR and most diverse collection of recorded knowl- serves in 1943, he worked at Otis Steel in PASTOR OF LIGHT OF THE edge ever assembled. In the early days, Library of Congress build- Cleveland. In 1944, he earned the rank of WORLD CHRISTIAN CHURCH FOR ings and grounds were policed by building Naval Aviator and trained for flight in a Fight- OVER 40 YEARS OF LEADERSHIP guards commissioned as special policemen. In ing Squadron. In 1947, Ensign McFarland was AND SERVICE 1950 the Librarian of Congress was given posthumously awarded the WWII Victory statutory authority to designate Library of Con- Medal by the United States Navy Chief of HON. ANDRE´ CARSON gress special police as employees of the Li- Naval Personnel. OF INDIANA brary. In 1987 Congress authorized that the He died while serving our country on Feb- Library Police rank structure and pay be made IN THE HOUSE OF REPRESENTATIVES ruary 15, 1945 at the age of 22. Navy Ensign comparable to the Capitol Police and began in the 1990’s considering whether the two police Pilots, McFarland and Lt. Battenfeld vanished Tuesday, September 29, 2009 from the sky during a routine flight from Sand forces should be merged. Over time, the Li- Mr. CARSON of Indiana. Madam Speaker, I brary Police became an integral and critical Point Naval Air Station in Washington State. rise today to honor Bishop T. Garrott Ben- part of the Library’s interlocking structure to Seven months later the wreckage was discov- jamin, Jr., Deacon Minister and Senior Pastor protect not only people and buildings but the ered on the side of a mountain. For more than of the Light of the World Christian Church in priceless collections from a variety of threats. 60 years, the bodies of the young soldiers Indianapolis. With the Oklahoma City bombing in 1995, the rested in a temporary grave, buried among For the past 40 years, Bishop Benjamin has 1998 shootings of the Capitol Police officers at rock and forestry, their names engraved on exhibited bold and charismatic leadership on the Capitol and especially after the September the flat surface of a boulder and a cross behalf of his congregation and his community. 11 terrorist attacks, Congress mandated sig- carved at the base of a tree nearby. His efforts on behalf of the World Christian nificant security upgrades in the Capitol com- Church have made his congregation one of plex, including the Library of Congress. Fi- Members of the U.S. military’s Joint POW/ MIA Accounting Command Team led the effort the most active and well respected in the city. nally, in the interest of security uniformity, the Through his dedicated service, Bishop Ben- to return Ensign McFarland and Lt. Battenfeld President signed into law PL 110–178 in 2008, jamin has earned a reputation as a formidable formally merging the Capitol and Library of to their families and permanent places of rest. advocate on behalf of poor minorities, fighting Congress police forces, providing, after a tran- Members of the Army Reservists from the unceasingly for racial justice across Indianap- sition period, for completion by October 1, 737th Transportation Company volunteered in olis. 2009. the effort. On September 25, 2009, the body At a time when committed and compas- Over many years, the Library Police have of Navy Ensign Matthew McFarland returns provided exemplary security and law enforce- sionate leadership is much too rare in public home to Cleveland, Ohio, where friends and ment for the Library of Congress. Library Po- life, Bishop Benjamin’s indomitable spirit con- lice have demonstrated the highest level of family will gather in his honor and memory. tinues to inspire generations to improve our dedication and excellence in both fulfilling their Madam Speaker, and colleagues, please communities and serve their neighbors public safety mission and protecting the Li- join me in honor and remembrance of Navy through Christian ministry. Thousands of local brary’s irreplaceable collections. Ensign Matthew Richard ‘‘Uncle Buck’’ McFar- residents have been touched by Bishop Ben- jamin and his congregation, a number that As the force is now merged into the Capitol land, whose service to our nation will be hon- continues to grow daily. Police, it marks the end of the storied era of ored and remembered by the Cleveland com- Today, I ask my colleagues to join me in the Library of Congress Police as a distinct munity. Though sixty-four years have passed, entity. honoring Bishop Benjamin for his 40 years of the memory of Ensign McFarland will remain We ask our colleagues to thank them. We dedicated leadership and service as the es- want every member of the force, past and in the hearts of his many nieces, nephews, teemed Pastor of Light of the World Christian present, to know how much we in the Con- cousins and friends. Church in Indianapolis, Indiana.

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A29SE8.018 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS September 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2393 INTRODUCTION OF THE FEDERAL Greg Donaldson for his service to protecting Married to the love of his life, Elizabeth JUDGESHIP ACT OF 2009 the public, upholding the law and his vision for Sterling Strine, for over 70 years and the fa- community involvement in helping find missing ther of Walter Jr. and William—both talented HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. children. For his dedication and commitment, and successful men in their own right—his life OF GEORGIA Chief Donaldson has been named the Arkan- could not have been fuller. He was inordi- IN THE HOUSE OF REPRESENTATIVES sas Association of Chiefs of Police, AACP, nately generous to Williamson—where he was Tuesday, September 29, 2009 2009 Chief of the Year. Chief Donaldson responsible for the construction of the Strine shares this honor with the community, telling Learning Center and he was a member of the Mr. JOHNSON of Georgia. Madam Speaker, the Russellville Courier that ‘‘Without the em- Board of Trustees for 25 years. today I am introducing the Federal Judgeship ployees here and the members of the commu- His vision, basic decency and business acu- Act of 2009, which calls for the creation of ad- nity, I could have never been chief of the men shaped the Borough of Media, Pennsyl- ditional federal judgeships in the courts of ap- year,’’ he said. ‘‘It would be easy for me to vania into one of the most livable and pros- peals and district courts. say, ‘I have this award, and this award is perous communities in our Commonwealth. In The United States legal system is the envy about me,’ but it belongs to the whole commu- of the world. Our legal system has historically addition to his work developing the area’s nity.’’ commercial district, he also purchased the provided fair, timely, and expert adjudication of Chief Donaldson is continuously putting the civil disputes and criminal prosecutions for Media Theater and transformed it over time community first, as a police department em- into a center for the Performing Arts that is a hundreds of years. There are, however, a ployee for two decades, serving in a number number of challenges facing our federal legal showcase for local talent and venue for resi- of roles including dispatcher, patrol officer, in- dents from throughout Delaware County to system that must be addressed if it is to main- vestigator, supervisor, Sergeant and for the tain the standard of service our citizens expect gather in the company of one another. last 21 months as Chief. I cannot imagine a better life than the one and deserve. One of these challenges is an At the helm of the department Chief Donald- overworked judiciary. lived by Walter Strine, Sr. The results of his son has implemented new and innovative pro- work abound in his hometown, he made a Many of our federal courts are in desperate grams including partnering with Morgan Nick need of new judges. It has been nearly 19 great and better difference in the lives of thou- Foundation for the ‘‘Picture Them Home Cam- years since Congress has passed a com- sands and he was loved and respected. He paign’’ that puts pictures of missing children prehensive judgeship bill. In this time, case- will be sorely missed. on patrol cars. The Clarksville Police Depart- loads for district courts have gone up 31 per- ment was the first to do this and since then f cent and the caseloads for appeals courts several other law enforcement agencies have have gone up 38 percent, placing significantly A PROCLAMATION HONORING followed. In recognition of the department’s ef- increased demands upon our federal court CHASE BURCHER FOR WINNING forts Chief Donaldson and the Clarksville Po- system. This unfairly burdens our judges and THE BOYS’ DIVISION III STATE lice Department was awarded the ‘‘2009 Mor- leads to delays in the administration of justice. BASEBALL CHAMPIONSHIP If we are to avoid realization of the old adage, gan’s Choice Award.’’ Chief Donaldson is al- ‘‘justice delayed is justice denied,’’ we must ways looking for ways to make an impact on HON. ZACHARY T. SPACE the community. ‘‘The day I walk out the door, not delay in providing our judiciary with the re- OF OHIO I want people to be able to say ‘he made a sources it needs. IN THE HOUSE OF REPRESENTATIVES The Federal Judgeship Act of 2009 calls for difference in the lives of children and grand- 12 additional court of appeals judgeships and children.’ If they say that, I’ve done my job,’’ Tuesday, September 29, 2009 51 additional district court judgeships. The he told the Russellville Courier. Mr. SPACE. Madam Speaker: number of judgeships called for in this legisla- It is clear he has done that and I am con- Whereas, Chase Burcher showed hard work tion mirrors those called for by the Judicial fident that will continue. I commend Chief and dedication to the sport of baseball; and Conference of the United States in its 2009 Donaldson for his service as well as his good Whereas, Chase Burcher was a supportive recommendations. work and wish him continued success in the team player; and The Judicial Conference’s recommendations future. I ask my colleagues today to join with Whereas, Chase Burcher always displayed are based on a comprehensive analysis of the me in honoring Greg Donaldson, a wonderful sportsmanship on and off of the field; now, workload of federal judges, which took into public servant, who is and always will be dedi- therefore, be it consideration not only the number, but also cated to the people of Clarksville. Resolved, that along with his friends, family, the nature and complexity of the cases before f and the residents of the 18th Congressional the various courts. According to this analysis, IN HONOR OF WALTER STRINE, District, I congratulate Chase Burcher on win- the average weighted case filings for the 25 SR. ning the Boys’ Division III State Baseball district courts receiving additional judgeships Championship. We recognize the tremendous under this bill were 573, while the target num- HON. JOE SESTAK hard work and sportsmanship he has dem- ber of case filings is only 430. In other words, onstrated during the 2008–2009 baseball sea- OF PENNSYLVANIA the workload before these courts is 133 per- son. IN THE HOUSE OF REPRESENTATIVES cent of what is considered the normal capacity f of these courts. Clearly, this is stretching our Tuesday, September 29, 2009 judiciary beyond reason. Mr. SESTAK. Madam Speaker, I rise to EARMARK DECLARATION In the interests of timely and effective ad- honor the remarkable life of Walter Strine, Sr., ministration of justice, we must pass com- who passed away on September 22, 2009 at HON. ROB BISHOP prehensive judgeships this Congress. I thank the age of 100. OF UTAH my colleagues Representatives JOHN CON- A living example of the Horatio Alger ideal, IN THE HOUSE OF REPRESENTATIVES YERS, SILVESTRE REYES, SHEILA JACKSON-LEE, Mr. Strine was trained as a bricklayer at the and ROBERT WEXLER, who have worked with Williamson Free School of Mechanical Trades, Tuesday, September 29, 2009 me on this very important piece of legislation. from which he graduated in 1929. It was at Mr. BISHOP of Utah. Madam Speaker, pur- I also ask the rest of my colleagues in the Williamson—established in 1888 to provide fi- suant to the Republican Leadership standards House of Representatives to support rapid nancially disadvantaged young men with the on earmarks, I am submitting the following in- passage of this legislation. opportunity to become productive and re- formation regarding earmarks I received as f spected members of society—that the founda- part of H.R. 2265, the Magna Water District CONGRATULATING CLARKSVILLE tion of a very successful life was laid. From Water Reuse and Groundwater Recharge Act, POLICE CHIEF GREG DONALDSON there Walter Strine embarked on a career that 2009. included teaching, real estate development Requesting Member: ROB BISHOP and philanthropy. In each aspect of his excep- Bill number: H.R. 2265 HON. JOHN BOOZMAN tional life he reflected very proudly on the vir- Account: Title XVI of Public Law 102–575, OF ARKANSAS tues and skills he learned at Williamson. His the Reclamation Wastewater and Groundwater IN THE HOUSE OF REPRESENTATIVES work ethic, intellect, devotion to family and Study and Facilities Act Tuesday, September 29, 2009 community were unmatched and left the most Legal name and address of requesting enti- Mr. BOOZMAN. Madam Speaker, I would positive, lasting impression on everyone who ty: Magna Water District, located at 8600 W. like to congratulate Clarksville Police Chief knew him. 2711 S., PO Box 303 1, Magna, Utah 84044

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.020 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2394 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 2009 Description of project: $12,000,000.00 to Whereas, Dusty Byers was a supportive to walk away. Lenoir County Schools Super- allow for the planning, design and construction team player; and intendent Terry Cline announced Tuesday of the Magna Water District water reuse and Whereas, Dusty Byers always displayed that Lynch had decided to retire. The announcement was made during a groundwater recharge project. sportsmanship on and off of the field; now, Lenoir County Schools opening ceremony for f therefore, be it staff held at Kinston High School. A major- Resolved, that along with his friends, family, ity of those in attendance weren’t aware HONORING THE YALE and the residents of the 18th Congressional Lynch was stepping down, Cline said. WHIFFENPOOFS OF YALE UNI- District, I congratulate Dusty Byers on winning Cline said the school board members were VERSITY ON THEIR CENTENNIAL the Boys’ Division III State Baseball Cham- notified last Thursday of Lynch’s retirement ANNIVERSARY pionship. We recognize the tremendous hard plan. On Monday, the school district’s senior central staff and principals were notified. work and sportsmanship he has demonstrated Lynch said there was no specific reason she HON. ROSA L. DeLAURO during the 2008–2009 baseball season. decided to retire this month. OF CONNECTICUT f ‘‘It’s just the right time,’’ she said. IN THE HOUSE OF REPRESENTATIVES Lynch said she plans to stay active in the Tuesday, September 29, 2009 PERSONAL EXPLANATION school district until her final day. Lenoir County schools open for students Tuesday. Ms. DELAURO. Madam Speaker, it gives She said she plans to visit several schools me great pleasure to rise today to extend my HON. CHRISTOPHER P. CARNEY during opening week. sincere congratulations to the Yale OF PENNSYLVANIA Cline said he was reluctant to accept Whiffenpoofs—the oldest continuous collegiate IN THE HOUSE OF REPRESENTATIVES Lynch’s retirement because of her value to a cappella singing group in America—as they the school district. Tuesday, September 29, 2009 ‘‘I am happy for her but it’s a sad day for celebrate their centennial anniversary. Mr. CARNEY. Madam Speaker, on Tues- Lenoir County Schools,’’ Cline said. ‘‘I can’t The Whiffenpoofs of Yale University were replace her because she is a very special first formed at the old Mory’s Bar on Temple day, September 22, I was absent for three roll- call votes. If I had been here, I would have lady.’’ Street in New Haven, Connecticut one hun- Cline said he hasn’t decided yet if the dred years ago by 5 men, Denton Fowler, voted: ‘‘yes’’ on rollcall vote 720, ‘‘yes’’ on roll- school district will hire an interim or full- James Merriam Howard, Carl Lohmann, call vote 721, and ‘‘yes’’ on rollcall vote 722. time associate superintendent. A decision Meade Minnigerode, and George Pomeroy, f will come in the next few months. Cline said. Lynch began her career during 1973 with where they performed weekly concerts. Thus HONORING DIANE LYNCH Wayne County Schools, where she taught el- began one of Yale University’s most cele- ementary school. After several years there, brated and hallowed traditions. she continued her career at Moss Hill Ele- Each year, fourteen men are selected to HON. WALTER B. JONES mentary School in Lenoir County. She participate in this time honored institution and OF NORTH CAROLINA taught at Moss Hill for nine years. are asked to make an international tour to IN THE HOUSE OF REPRESENTATIVES Lynch later became assistant principal at U.S. Embassies, foreign capitals, palaces, Tuesday, September 29, 2009 La Grange Elementary School and then prin- churches, and the smallest of villages on cipal at Northwest Elementary School for 13 Mr. JONES. Madam Speaker, I rise today to years. For the past three years, Lynch has every continent. These outstanding songsters pay tribute to Diane Lynch, a great North Car- served as associate superintendent. serve as ambassadors of song and goodwill olinian and a great educator, upon the occa- During her career, Lynch said she strived on behalf of Yale University, college students, sion of her August 31st retirement from the to help students excel and reach their goals. and the United States. The Whiffenpoofs also The personal connections she made with her Public School System in my State. stand as a model for a cappella singing students will last forever, she said. All of us in Congress know, or should know, groups formed at colleges and universities ‘‘I am always satisfied when I see my that educating our youth is key to insuring a across America. former students in the community and we The Whiffenpoofs are perhaps best know for prosperous future. Diane Lynch, of the Moss talk about good times,’’ Lynch said. ‘‘I was Hill Community of Kinston, North Carolina, always fair and consistent and worked to the ‘‘Whiffenpoof Song’’—an unpublished set- earn the respect of my co-workers.’’ ting of Rudyard Kipling’s ‘‘Gentlemen-Rank- dedicated her entire working life—some thirty- six years—to the ideal of imparting the very Lynch said she doesn’t know what she will ers.’’ The ‘‘Whiffenpoof Song’’ was the adopt- do during her retirement. She said she is ed theme song of the brave men of the Black best education possible to young people. looking forward to a break from the daily Sheep Squadron of the U.S. Army Air Force in For Diane, educating young people was an grind. World War II and, over the years, has been imperative that she fulfilled tirelessly every ‘‘I’m going to rest for a few months,’’ day, even when doing so was sometimes Lynch said. recorded by some of America’s greatest artists During their five years together, Cline said including Bing Crosby, Ella Fitzgerald, Louis thankless and unappreciated. Diane Lynch is an example to all of us of the power of per- he developed a strong working relationship Armstrong, and Elvis Presley. We could not be with Lynch. more proud of all that this wonderful singing sonal commitment. Her professionalism, dedi- ‘‘We cried and laughed together,’’ Cline group has accomplished over its 100-year his- cation, perseverance and love served very said. ‘‘There were things that I told her that tory. well, not only her students and co-workers, but I didn’t tell my wife because I didn’t want to For their many contributions to our commu- also the hundreds of families whose lives she get my wife involved in the politics. Super- touched and improved. intendents have very lonely positions.’’ nity and for all the joy they have brought to Lynch acknowledged she had a great work- audiences around the world, I am very proud Starting as a teacher in 1973, and then ris- ing to Assistant Principal, then Principal and fi- ing relationship with Cline. She thanked him to stand today to extend my heartfelt con- for working to make Lenoir County Schools gratulations to the Yale Whiffenpoofs as they nally to Associate Superintendent, Diane’s ca- a better place for students. reer spanned thirty-six years. Her energy and celebrate their 100th Anniversary. I wish them f all the best for another century of song, tradi- love of education will be sorely missed. tion, fellowship, and friendship. Congratulations to Diane Lynch for her long MINNIE LOUISE THOMPSON and valuable service. GARDNER f Madam Speaker I ask that an article about A PROCLAMATION HONORING Diane Lynch’s retirement, which appeared in HON. BOB INGLIS DUSTY BYERS FOR WINNING THE the August 18, 2009 edition of the Kinston OF SOUTH CAROLINA BOYS’ DIVISION III STATE BASE- Daily Free Press be submitted in its entirety. IN THE HOUSE OF REPRESENTATIVES BALL CHAMPIONSHIP [From the Kinston Daily Free Press] Tuesday, September 29, 2009 SAYING GOODBYE Mr. INGLIS. Madam Speaker, October 8, HON. ZACHARY T. SPACE (By Chris Lavender) OF OHIO 2009 marks the 100th anniversary of Minnie Diane Lynch, long-time teacher and prin- Louise Thompson Gardner. She departed this IN THE HOUSE OF REPRESENTATIVES cipal and current associate superintendent of life on Sunday, January 7, 2007. Her life was Tuesday, September 29, 2009 Lenoir County Schools, will soon say good- bye to a career she has developed for the past committed to God, service to family. Friends Mr. SPACE. Madam Speaker: 36 years. and community. Whereas, Dusty Byers showed hard work Lynch will retire from the school district Early in her youth, she accepted Christ and and dedication to the sport of baseball; and Aug. 31, after making a decision this summer united with Springfield Baptist Church, where

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.023 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS September 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2395 she became active in the Choir, Usher Board, PERSONAL EXPLANATION children and their families. Nationally and Baptist Student Union and the Missionary So- internationally, CCA addresses the medical, fi- ciety. Minnie worked faithfully until the birth of HON. CHRISTOPHER P. CARNEY nancial, psychosocial, emotional, and edu- her children and care of ailing parents cur- OF PENNSYLVANIA cational concerns relating to craniofacial con- ditions. CCA’s mission is to empower and give tailed her involvement. However, her dedica- IN THE HOUSE OF REPRESENTATIVES tion and faithfulness to the legacy and growth hope to individuals and families affected by fa- of the church during her more than 80 years Tuesday, September 29, 2009 cial differences. I am honored to acknowledge of membership remained constant. Life led Mr. CARNEY. Madam Speaker, I was un- that 2009 marks their 20th anniversary and Minnie toward employment within the field of able to be here to cast my vote in support for am pleased to share my support and thanks hospitality. She retired from public service as the Unemployment Compensation Extension for their designation of September as the head cook of the Holiday Inn Chain of Act, but I strongly support the targeted exten- Craniofacial Acceptance Month. Greenville, South Carolina. sion of unemployment benefits provided by In 2001, my constituent Wendelyn Osborne Minnie attended Greenville County public H.R. 3548. brought the craniofacial disorders issue to my schools and was among the first graduating The 314,000 Americans set to lose unem- attention. At a young age, Wendelyn was di- class of the Sterling Normal and Industrial In- ployment insurance this month—and the more agnosed with Craniometaphyseal Dysplasia stitute in 1927. During this time, she was a than 1 million who will exhaust their benefits (CMD). CMD is a rare disorder that affects founding member and soloist of the Marian by the end of the year—need help to avert an only 200 people worldwide. Specifically, CMD Anderson Music Club. Minnie was also a even bigger financial tragedy, such as the loss involves an overgrowth of bone which never founding member of the Hattie Duckett Cul- of their home or a medical bankruptcy, which deteriorates. In Ms. Osborne’s case, this tural Club. She was recognized in 1998 by the would ripple out into our larger economy. caused an abnormal appearance, bilateral fa- Phillis Wheatley Center and American Federal Extending these benefits is a cost-effective cial paralysis and deafness. Other cases can Bank for sharing her story as an outstanding and efficient way to stimulate the economy. include those characteristics, as well as blind- member of the Phillis Wheatley basketball Every $1 spent on unemployment benefits ness and joint pain. Wendelyn has undergone team. Following high school, Minnie continued generates $1.63 in new economic demand. many extensive reconstructive surgeries to her education at Benedict College, where she Not only does it help the unemployed worker counteract the medical difficulties that com- was awarded a Teacher’s Certificate. stay on top of their bills, it keeps capitol flow- prise her disorder. Unfortunately, the majority of reconstructive Minnie’s lifelong commitment to family was ing through small businesses and keeps the surgeries, such as those Wendelyn has under- evident in the foundation that she laid to pro- larger economy on the right track to recovery. gone, are not covered by insurance compa- mote personal and professional success of her f children and children in the community. nies. Rather, many of them are treated as SHARE recognized Minnie as a community A PROCLAMATION HONORING strictly cosmetic. As a result, individuals are leadership icon and legendary human ad- JAMIE BURCHER FOR WINNING forced to fight their insurance companies just vancement advocate for her service to the THE BOYS’ DIVISION III STATE to receive the life-saving surgeries they need. antipoverty/Community Action movement in BASEBALL CHAMPIONSHIP The fact that these surgeries have been upstate South Carolina. In response to her grouped in the same ‘‘cosmetic’’ category as long-standing dedication to the community, the HON. ZACHARY T. SPACE surgeries that simply make people look better Thompson-Gardner Park in the newly devel- or younger is a tragedy. OF OHIO It is my hope that further education and un- oped Viola Street Community was dedicated IN THE HOUSE OF REPRESENTATIVES derstanding of craniofacial disorders will allow in her honor by the City of Greenville on July Tuesday, September 29, 2009 our nation to move forward and update exist- 11, 2005. The Minnie Gardner College Fund for the Mr. SPACE. Madam Speaker: ing laws to better meet the medical needs of CDC Agency for Toxic Substance Disease Whereas, Jamie Burcher showed hard work those needing reconstructive, not cosmetic, Registry Chapter of Blacks in government and and dedication to the sport of baseball; and surgery. I urge my colleagues—especially in a the Minnie L. Gardner Scholarship have been Whereas, Jamie Burcher was a supportive year focused on health care reform—to join in established since her death. coach; and this effort and help recognize these conditions through Craniofacial Acceptance Month so f Whereas, Jamie Burcher always displayed sportsmanship on and off of the field; now, that all Americans can access the care they IN RECOGNITION OF THE 40TH AN- therefore, be it need. NIVERSARY OF AUBURN UNIVER- Resolved, that along with his friends, family, f SITY AT MONTGOMERY and the residents of the 18th Congressional TRIBUTE TO THE CITY OF District, I congratulate Jamie Burcher on win- JONESBORO’S 150TH ANNIVERSARY HON. MIKE ROGERS ning the Boys’ Division III State Baseball OF ALABAMA Championship. We recognize the tremendous HON. MARION BERRY hard work and sportsmanship he has dem- IN THE HOUSE OF REPRESENTATIVES OF ARKANSAS onstrated during the 2008–2009 baseball sea- Tuesday, September 29, 2009 IN THE HOUSE OF REPRESENTATIVES son. Tuesday, September 29, 2009 Mr. ROGERS of Alabama. Madam Speaker, f I respectfully request the attention of the Mr. BERRY. Madam Speaker, I rise here House today to pay recognition to an impor- CRANIOFACIAL ACCEPTANCE today to pay tribute to the City of Jonesboro tant educational institution in Montgomery, MONTH on the 150th anniversary of its establishment. Alabama, as it celebrates 40 years of excel- I stand to recognize this milestone in the City lence in higher education. HON. MIKE ROSS of Jonesboro’s history and reflect on how far In September 1969, the doors to Auburn OF ARKANSAS this community has progressed. Montgomery were formally opened to stu- IN THE HOUSE OF REPRESENTATIVES The City of Jonesboro is located in dents. Since that time, the student population Craighead County, which was created in 1859. has grown by a factor of nine and the areas Tuesday, September 29, 2009 Despite the opposition of State Senator Thom- of study from sixteen to over 90. Through its Mr. ROSS. Madam Speaker, I am pleased as Craighead, the Arkansas Senate created 40 years, Auburn Montgomery has conferred to share my support and acknowledgement of the new county from parts of Greene, Mis- more than 31,000 degrees. September as Craniofacial Acceptance Month. sissippi, and Poinsett Counties. In an effort of Like so many of East Alabama’s proud insti- Each year, approximately 100,000 children goodwill, State Senator William Jones, who tutions of higher education, Auburn Mont- are born in the United States with some form represented St. Francis and Poinsett Counties gomery has produced great leaders and think- of facial disfigurement. In many cases, recon- and was a proponent of the bill, named the ers who have made enormous contributions to structive surgeons can correct these problems new county after Senator Craighead. In return, our state and our nation. We are all proud of early—often while the children are still infants. once the county seat of Jonesboro was estab- AUM for achieving this important milestone, In other cases, however, reconstruction is not lished that same year, it was named in honor and look forward to its continued growth and as easy or even possible. of Senator Jones. prosperity in its next 40 years of academic ex- The Children’s Craniofacial Association In 1860, historical records indicate cellence. (CCA) is an organization that supports these Jonesboro had a population of 50. Currently,

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.027 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2396 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 2009 the city is a bustling community approaching Meaningful opportunities for success will awarded three times the benefit as it exists on 60,000 people and has grown to become one be open to all who are willing to work; the date of action, whichever is greater. of the strongest economic centers in the state. VII. SECURE THE BLESSINGS OR LIBERTY TO I believe that taking out employer-owned life Jonesboro is known for award winning school OURSELVES AND OUR POSTERITY: insurance policies on non-executive level em- districts, Arkansas State University, out- We will support the principles of hard work ployees is criminal, and my legislation would standing medical centers, and a regional des- that this Nation is built upon; punish it accordingly by establishing such a tination for arts and entertainment. Jonesboro While taxes are necessary, hard work and violation as a misdemeanor punishable by a success will not be punished by attempts to is an outstanding community to me and I am redistribute wealth gained thereby; $500,000 fine and imprisonment for up to one honored to represent all of the wonderful peo- We cannot and will not pile debt upon our year. ple who call Jonesboro their home. children and grandchildren; This legislation would also commission a Over the past 150 years Jonesboro has VIII. WE WILL DEFEND AND PROTECT THE CON- GAO study to examine the prevalence of seen many changes but one thing remains the STITUTION OF THE UNITED STATES OF AMER- these policies and the number of violations same—the people of this city, throughout good ICA AT ALL TIMES. under this bill to ensure that we have the most times and bad, have always come together to f accurate information on this practice. cherish, celebrate and support one another. Madam Speaker, each year companies This is what makes the community unique and EMPLOYER-OWNED LIFE spend $8 billion in premiums on these poli- it is their key to success. I am certain the City INSURANCE LIMITATION ACT cies. That is $8 billion that could be directed of Jonesboro has a bright future and will con- toward employee healthcare, pensions and tinue to be the cornerstone for prosperity in HON. LUIS V. GUTIERREZ educational opportunities. Instead, it goes to our state. OF ILLINOIS what is essentially a game of Craps, where an f IN THE HOUSE OF REPRESENTATIVES employer is betting and banking against the Tuesday, September 29, 2009 employee’s life. BILL OF RIGHTS FOR THE NEW I ask my colleagues to join me in eliminating MILLENNIUM Mr. GUTIERREZ. Madam Speaker, I rise this unjust practice. today to announce the introduction of my bill, f HON. JOHN J. DUNCAN, JR. the ‘‘Employer-Owned Life Insurance Limita- TRIBUTE TO THE MEMORY OF OF TENNESSEE tion Act.’’ Every employee makes a commit- ment to his employer. He commits time, en- MAXINE JAMES IN THE HOUSE OF REPRESENTATIVES ergy and creativity to the advancement of the Tuesday, September 29, 2009 company. HON. DONALD M. PAYNE Mr. DUNCAN. Madam Speaker, Billy Stokes However, instead of making a commitment OF NEW JERSEY is the founder and senior partner of the law to their employees—their health, education IN THE HOUSE OF REPRESENTATIVES firm of Stokes, Williams, Sharp and Davies in and wellbeing—many companies are gambling Tuesday, September 29, 2009 Knoxville, Tennessee. He was one of the high- on their lives by taking out employer-owned est-ranking state officials during the adminis- life insurance policies in which the company is Mr. PAYNE. Madam Speaker, I ask my col- tration of former Governor Don Sundquist. the only beneficiary. The family and loved leagues here in the House of Representatives Like most Americans today, he is worried ones of a deceased individual should be the to join me as I rise with a heavy heart to re- about our Country’s future. He has given a lot only beneficiaries of a life insurance policy, not member my long time Chief of Staff and of thought to where we are and where we are a speculating company. friend, Maxine James. Maxine passed away headed as a nation, and he has written to me As highlighted in Michael Moore’s new film, on September 21, 2009, after a lengthy ill- with a proposal for a ‘‘Bill of Rights for the ‘‘Capitalism: A Love Story,’’ a corporation is al- ness. Prior to her retirement last year, Maxine New Millennium.’’ lowed to take out life insurance on its employ- served as my Chief of Staff from the time of BILL OF RIGHTS FOR THE NEW MILLENNIUM ees—often without their knowledge or con- my inauguration in 1989. She was an integral part of my career and I credit much of my suc- I. WE THE PEOPLE OF THE UNITED STATES: sent—and cash in, in the event of their death. These policies are being taken out on every- cess to her capable skills. Maxine was the This means all of us; one from the CEO to the janitor, and the only consummate professional who served as my II. IN ORDER TO FORM A MORE PERFECT UNION: beneficiary of these countless policies is the personal advisor and as Staff Developer for We pledge to cooperate and communicate company itself. my office. with members of the opposing party to ad- Every day, 14,000 people in this country Maxine James was born and raised in New- dress and to resolve issues affecting our Na- tion in a civil manner; lose their health insurance; but instead of in- ark, New Jersey. She was a long time resident Communication and cooperation does not vesting in the health, life and longevity of its of Newark until she purchased a home in East require abandoning our core principles; employees, much of Corporate America has Orange 12 years ago. Maxine was always in- The Federal Government will not impose adopted the practice of investing its resources terested in being of service to the public at its will on state and local governments; in the demise of its employees. My legislation large. During her 15 years as a Community III. ESTABLISH JUSTICE: would prohibit the practice of taking out em- Affairs Department Staffer for Prudential Insur- The right of the people to seek redress and ployer-owned life insurance except in the case ance Company, she served on the boards of remedy in the Courts will not be impeded; where the death of an individual would incur a directors of various community organizations Those who seek to demean or simply prof- significant cost to the company—that is indi- including Second Chance, a program devel- iteer by abusing our judicial system through viduals making $1 million or more in salary. oped to help ex-offenders and the problem of frivolous lawsuits will not be tolerated. In addition, this legislation would require that recidivism; Newark House, a State run half- IV. INSURE DOMESTIC TRANQUILITY: the company disclose the policy to the cov- way house for prisoners and Newark Emer- Lines of communication from the citizenry ered individual within 30 days of taking out the gency Services for Families where she served to the Goremment will be open and welcome; policy. Also, should the employee move on to the board as treasurer, vice president and Citizens will not be intimidated or insulted another job, the employer would have 30 days president. During Maxine’s tenure as presi- for petitioning the government through their to cancel the policy. This will stop the practice dent, NESF opened the first homeless shelter elected representatives, to be heard; of taking out policies without an employee’s for families. It was while I served an executive V. PROVIDE FOR THE COMMON DEFENSE: knowledge and maintaining the policy long at Prudential that I had the opportunity to meet The greatest and most honorable military after the employee has left the company. this talented and promising young woman. in the history of the world will be main- Employees who find that their employer has Maxine was an extraordinarily gifted woman tained and supported; We will use our might to protect our free- taken out a policy in violation of this legislation who volunteered her skills and resources to doms and will protect the USA from enemies would have the right to bring civil action assist others. She was only the third woman of such freedoms, state-sponsored or other- against their employer to stop the company and first African-American woman to join the wise; foreign or domestic, by all means nec- from holding the contract. Additionally, the em- Newark Jaycees. She used her limited knowl- essary; ployee could be awarded damages amounting edge of campaigns and elections to mount a VI. PROMOTE THE GENERAL WELFARE: to either $500,000 or, in the case of a de- campaign for the position of external vice We will see that access to adequate ceased employee, three times the amount of president which she won handily. Maxine en- healthcare is available to all Americans; the benefit paid to the employer. In the case joyed a vast network of friends and associates The helpless will be helped; of a living employee, the employee would be who will all miss her tremendously. Maxine

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.031 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS September 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2397 was a dedicated and caring mother to her two history in San Antonio. On March 25, 1852, it With regret at Mr. Atkinson’s passing but sons, Brian and Christopher as well as a de- became the first boys’ school to open in the with thanks to him and those of my constitu- voted grandmother to Olivia and Malcolm. city and it has served generations of San An- ents who worked with him, I am pleased to Madam Speaker, I know my colleagues tonio’s young men. Now, one of Central’s dis- add the following record of Mr. Atkinson’s agree that the Greater Newark Community tinguished alumni, Edward C. Ybarra, Jr., is achievements. has lost a visionary and friend in Maxine poised to become its 35th principal. Mr. Atkinson joined Sun Shipbuilding & Dry James. Her family, friends and associates can Mr. Ybarra first came to Central as a fresh- Dock Company in Chester, PA after grad- all be proud of the legacy she leaves behind. man in 1979 and, after graduating in 1983, uating from the Webb Institute of Naval Archi- f went on to earn his degree from Texas Lu- tecture in May 1942. Mr. Atkinson undertook OPPOSING MOTION TO RECOMMIT theran University. Central had clearly put its many varied assignments in both new ship- H.R. 3221 hold on him, however, and Ybarra returned to building and ship repair operations during the school in 1987 to coach the basketball, those war years and helped to guide Sun Ship HON. DENNIS J. KUCINICH football, track, and golf teams. He started into the post-war era with employment in the teaching history the next year and, after earn- 5000 range, introduction of unions and partici- OF OHIO ing his Master’s Degree in Education from the IN THE HOUSE OF REPRESENTATIVES pation in the postwar prosperity with new ship- University of Texas at San Antonio, became building some 70% of manpower, burgeoning Tuesday, September 29, 2009 Assistant Principal for Student Development in ship repair work 10–20% from increased Dela- Mr. KUCINICH. Madam Speaker, I rise to 1997. ware River traffic and outside sales (non ma- voice my concern over the recent motion to Over the years, he helped to forge Central rine) work 10–20% from wind tunnels, the recommit the bill HR 3221, the Student Aid into a second family and safe haven for its largest solid rocket cases ever built, much nu- and Fiscal Responsibility Act of 2009, which students and their families, efforts that earned clear work for reactors, Savannah River and passed the House on September 17, 2009. him a nomination as Assistant Principal of the the Fernald Plant, paper mills, and key com- The motion to recommit stated, in part, that Year from the National Catholic Educational ponents of the Verrazano Bridge. no organization that has been indicted for any Association. During the Korean War, Mr. Atkinson be- federal or state campaign finance or election Edward Ybarra’s successes stand as a tes- came General Superintendent of all operations law can be eligible for any federal government tament to the strong foundation of his school- and in 1956 he became Vice President of Op- contract or grant. The motion specifically days at Central as the successes of his thou- erations. Large shipyards in the United States names the Association of Community Organi- sands of young charges reflect the quality of began with the invention of riveting and Sun zations for Reform Now (ACORN) as an orga- his leadership as a teacher and assistant prin- Ship was no exception. In 1957, Mr. Atkinson nization covered by the bill. cipal. Both augur well for the successes to Article I, Section 9 of the Constitution clearly led the complete rebuilding of the shipyard come to him and to Central under his leader- with fewer but greatly enlarged shipways into states, ‘‘No Bill of Attainder or ex post facto ship as president. The depth of his connection Law shall be passed.’’ Congress cannot legis- a true welding shipyard with several pio- to the school over the past thirty years also neering attributes, among them the largest latively punish an individual or specific class of speaks to the strength of community at Cen- people. The fact that the motion to recommit floating drydock then in the United States. tral Catholic High School. A keen business participant well versed in appears to meet both criteria for a bill of at- Henry Adams once wrote, ‘‘A teacher af- the involvement of government in marine ship- tainder—specificity and punishment—should fects eternity; he can never tell where his influ- building contracts whether through subsidy or give us pause. Legislation that could poten- ence stops.’’ Edward Ybarra has affected eter- mortgage guarantee, Mr. Atkinson looked for a tially violate the Constitution surely deserves nity, and the world is better for it. more debate than twenty minutes. better way. He became Sun Ship President in The recent revelations regarding the con- f 1961. In 1965 he saw a shipping need and a duct of some ACORN employees is dis- HONORING MR. PAUL E. ATKINSON Navy budgetary impediment under Defense quieting and merits closer investigation; how- Secretary McNamara. Mr. Atkinson conceived ever it is not Congress’ place to assign guilt the gas turbine propelled ADM. WM. M. and punishment. The Constitution affords all HON. JOE SESTAK CALLAGHAN, and with an established ship OF PENNSYLVANIA accused people the protections of the judicial operator, Sun Ship formed a joint venture that system; Congress must allow the judicial IN THE HOUSE OF REPRESENTATIVES built, chartered and operated the ship for dec- branch to function properly. For this reason I Tuesday, September 29, 2009 ades for the Navy. opposed the motion to recommit, and I will op- Mr. SESTAK. Madam Speaker, I rise in Building on that success, Mr. Atkinson, was pose any legislation that attempts to punish an honor of Mr. Paul E. Atkinson, who died Au- an early pioneer in the development of roll-on/ individual or specific class of people without gust 4, 2009 following a fall at his residence roll-off (ro/ros) vessels. During 1965–1977 Sun the judicial protections afforded them by the in Palo Alto, CA. He is survived by a son Paul Ship constructed ten ro/ros, five 80,000 ton Constitution. E. Atkinson of Paris, France, a daughter Mary tankers, several 120,000 ton tankers, placing f Hafner of Palo Alto, CA, and a son Peter At- many of those ships in build and charter sub- PERSONAL EXPLANATION kinson of Grand Junction, CO and seven sidiaries under the shipping diversification grandchildren. strategy he pioneered at Sun Ship. Among Mr. Atkinson was the long time President of these was TOTE, a dry cargo roll-on/roll-off HON. LYNN C. WOOLSEY shipping company, wholly owned by Sun Ship, OF CALIFORNIA Sun Ship, a leading shipyard nationally, and operating to Alaska. Today it is a leading suc- IN THE HOUSE OF REPRESENTATIVES one of the largest employers in Delaware County, part of the District that I have the cessful, unsubsidized, American flag operator. Tuesday, September 29, 2009 honor to represent. Very many of my constitu- During that period, under Mr. Atkinson the Ms. WOOLSEY. Madam Speaker, on Sep- ents in Delaware County and in its sur- yard converted the MANHATTAN for her two tember 23, 2009, I was unavoidably detained roundings worked at Sun Ship under the ex- pioneering ice-breaking voyages through the and was unable to record my vote for rollcall traordinary leadership of Mr. Atkinson. Northwest Passage to Alaska and built the No. 732. Had I been present I would have Among their many proud achievements legendary HUGHES GLOMAR EXPLORER to voted: were (1) the 590 foot HUGHES GLOMAR EX- secretly lift a sunken Soviet submarine from Rollcall No. 732: No—on Motion to Adjourn. PLORER, built at the height of the Cold War three miles deep in the Pacific at the height of f for the CIA to secretly lift a sunken Soviet sub- the Cold War. HONORING MR. EDWARD C. marine from a three mile depth in the Pacific Atkinson was a Trustee of Webb Institute for YBARRA, JR. Ocean, (2) conversion of the tanker MANHAT- many years and a recipient of its coveted Wil- TAN into the largest icebreaker of all time, that liam Selkirk Owen Award. He was a member successfully twice transited the Northwest of the American Bureau of Shipping, and their HON. CHARLES A. GONZALEZ Passage to Alaska and became the forerunner Technical Committee. He also was a director OF TEXAS of the commercial commerce now beginning in of the Shipbuilders Council of America, and a IN THE HOUSE OF REPRESENTATIVES the Arctic, and (3) construction of the largest member and technical representative of Tuesday, September 29, 2009 solid rocket cases ever, begun in the period of Lloyd’s American Committee. He received the Mr. GONZALEZ. Madam Speaker, Central President Kennedy’s renowned reach into prestigious Sea Grant Association award and Catholic High School has a long and glorious space. was active personally and through Sun Ship

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.034 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2398 CONGRESSIONAL RECORD — Extensions of Remarks September 29, 2009 with the University of Delaware College of Ma- Sergeant Brown was hired as a detention such as the Laborers’ Health and Safety Fund rine Studies at Lewes, DE. He was Vice Presi- deputy in October 1989 and was promoted to of North America, the LIUNA National Health dent of the Greater Philadelphia Chamber of the rank of Sergeant in April 1997. He was and Welfare Fund, and the Laborers-AGC Commerce and active in similar civic organiza- most recently assigned to the South County Education and Training Fund. Mr. Martire also tions. Jail in Frostproof, Florida as a supervisor in serves as the Chairman of the Mid-Atlantic La- f Delta Platoon. borers’ Employers Cooperation and Education Sgt. Brown was injured in the line of duty on Trust, the Mid-Atlantic Regional Organizing TRIBUTE TO HON. RENEE JONES Sunday, August 30, 2009, after responding to Coalition, and the Mid-Atlantic Laborers’ Polit- WEEKS a disturbance in an unruly prisoner’s cell in the ical League. South County Jail. On Monday, September 7, In recognition of Mr. Martire’s hard work and HON. DONALD M. PAYNE 2009, he passed away. dedication, he will be presented with the Labor OF NEW JERSEY During his nearly 20-year career, Sgt. Man of the Year Award at the Friends of IN THE HOUSE OF REPRESENTATIVES Brown was known for his professionalism, at- Labor Committee of Laborers’ Local 332 An- Tuesday, September 29, 2009 tention to detail, positive influence on those nual Black Tie Charity dinner. Mr. Martire’s impressive career with the La- Mr. PAYNE. Madam Speaker, I ask my col- around him, and his excellent work ethic. His personnel file is filled with accolades and let- borers’ International Union of North America leagues here in the House of Representatives showcases his commitment and drive to pro- to join me as I rise to recognize the Honorable ters of recognition for his hard work and dedi- cation to the agency and to his fellow agency mote the wellbeing of LIUNA and its members. Renee Jones Weeks for her many years of His work clearly exemplifies his personal mis- service to the community and to congratulate members. In May 2007, he and two other de- tention deputies were awarded a Meritorious sion to improve working conditions and pro- her upon her retirement from the Chancery Di- vide all laborers with well-paying, secure jobs. vision, Superior Court of New Jersey (Essex Service Medal for providing CPR to an unre- Vicinage). Appointed to the Bench on July 14, sponsive inmate in the jail. It is quite clear that f 1989, Judge Weeks has served in the Family Sgt. Brown demonstrated a passion for law TRIBUTE TO REVEREND BRANDO Part, Criminal Part and Civil Part. She has enforcement and commitment to helping oth- IBARRA also served in two counties, Essex and Union ers, qualities that enabled him to become a re- during her tenure. spected and model member of the Polk Coun- HON. BILL PASCRELL, JR. Judge Weeks has been actively engaged in ty Sheriffs Office. Sgt. Brown was a loving husband, proud fa- OF NEW JERSEY various organizations throughout her career. IN THE HOUSE OF REPRESENTATIVES ther, and devoted friend. He is survived by his She was a Co-Incorporator of the Garden Tuesday, September 29, 2009 State Bar Association, Co-Founder and First wife Albertina Brown, a detention deputy as- President of the Association of Black Women signed to the inmate booking area in Bartow, Mr. PASCRELL. Madam Speaker, I would Lawyers of New Jersey and Past Secretary of Florida, and one daughter. like to call to your attention to the work of an the Garden State Bar Association. She also Madam Speaker, I ask that my distinguished outstanding individual, Reverend Brando served as Vice President of the National Bar colleagues join me in recognizing Sgt. Brown’s Ibarra, who was recognized on Friday, Sep- Association, President of the Women’s Divi- extraordinary life and many accomplishments tember 25, 2009 for his ten years of dedicated sion of the National Bar Association and Fi- within the Polk County Sheriffs Office. I appre- service to the people of his community. nancial Secretary, Chair-Elect and Chair of the ciate this opportunity to pay tribute to him be- It is only fitting that he be honored in this, Judicial Council of the National Bar Associa- fore the United States House of Representa- the permanent record of the greatest democ- tion. tives. Sgt. Brown was an outstanding Amer- racy ever known, for he has been a true public A graduate of Rutgers Law School in New- ican worthy of our collective honor and appre- servant and someone whose spiritual commit- ark, New Jersey and Ursuline College in Pep- ciation. It is with deep respect and admiration ment has enhanced countless lives. per Pike, Ohio, Judge Weeks has served on that I commend him for his contributions to his Father Brando was born on November 14, several committees of the New Jersey Su- community and the many lives that he touched 1970, in El Doncello, Colombia. He came to preme Court. She is the recipient of numerous while serving as a shining example of his leg- the United States and earned his Bachelor of awards and was the first Black Trustee of the acy. Science degree from Seton Hall University. He Essex County Bar Association. Judge Weeks f went on to graduate with a Masters of The- ology degree from the University of St. Mary is a member of Alpha Kappa Alpha Sorority, a HONORING DENNIS L. MARTIRE past Board Member of the New Jersey State of the Lake, Mundelien Seminary, in Illinois. He was ordained into the priesthood by Opera and a former Court Liaison to CASA Bishop Frank J. Rodimer on September 25, (the Court Appointed Child Advocacy Pro- HON. ROBERT A. BRADY 1999 at St. John’s Cathedral in Paterson, New gram). OF PENNSYLVANIA Madam Speaker, I know my colleagues IN THE HOUSE OF REPRESENTATIVES Jersey. He served his Deacon Internship as a Parochial Vicar and Temporary Administrator agree that Judge Weeks is an excellent role Tuesday, September 29, 2009 model for women and minorities in the legal at Saint Margaret Parish in Morristown, New Mr. BRADY of Pennsylvania. Madam profession. She will leave a lasting impact on Jersey for the next seven years. In 2006, he Speaker, I rise to honor Dennis L. Martire, those who were fortunate enough to benefit was called on to serve as Parochial Vicar of Vice President and Regional Manager of the from her guidance. I am pleased to join all St. Gerard Majella Church in Paterson. In Laborers’ International Union of North Amer- those in attendance at a Retirement Party in 2007, he was appointed Pastor of St. Anthony ica. Throughout his career, Mr. Martire has her honor in wishing her a wonderful retire- of Padua Church, where he remains. Father shown exceptional leadership and has worked ment. Brando became a citizen of the United States tirelessly for laborers. of America on January 14, 2009. f In 1990 Mr. Martire began his career as an His dedication to his ministry and to helping TRIBUTE TO THE LATE SERGEANT International Representative for the Laborers’ others reaches far beyond the Parish of St. RONNIE O’NEAL BROWN International Union of North America, LIUNA, Anthony of Padua. He is a member of the Jurisdictional Disputes Department. Since Paterson Diocesan Liturgical Commission, HON. KENDRICK B. MEEK then, Mr. Martire has assumed various leader- Spiritual Advisor of Hispanic Cursillos de ship positions within LIUNA. He became As- OF FLORIDA Cristiandad, and a member of the Diocesan sistant Director, and then Director, of the La- IN THE HOUSE OF REPRESENTATIVES Vocation Board. He is a Chaplain for the Mor- borers’ Construction Department. In March ris County Jail, and is a member of the Pas- Tuesday, September 29, 2009 2000, Mr. Martire became Assistant Regional saic Alliance Advisory Board Committee. Mr. MEEK of Florida. Madam Speaker, I rise Manager of the Mid-Atlantic Region of LIUNA, Father Brando is committed to nurturing and to pay tribute to the life and legacy of the late and was elected Vice President and Regional supporting others in their work in ministry. He Sergeant Ronnie O’Neal Brown, a nearly 20- Manager just 2 years later. is a staff member and lecturer in theology for year-veteran of the Polk County Sheriffs Of- In addition to Mr. Martire’s role within the College of St. Elizabeth in Morristown. He fice, who recently passed as a result of injury LIUNA, he also serves on various committees, serves as the President of the Association of suffered in the line of duty. He worked tire- boards, and organizations committed to ad- Colombian Priests in the USA, and is a Board lessly to provide the citizens of Polk County vancing the laborers’ cause. Mr. Martire Member the National Association of Hispanic with safety and service. serves as a Trustee on several organizations, Priests.

VerDate Nov 24 2008 05:11 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A29SE8.038 E29SEPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS September 29, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2399 The job of a United States Congressman in- the efforts of individuals like Reverend Brando all those who have been spiritually enriched volves much that is rewarding, yet nothing Ibarra. by him, and me in recognizing the outstanding compares to learning about and recognizing Madam Speaker, I ask that you join our col- and invaluable service of Reverend Brando leagues, Father Brando’s family and friends, Ibarra.

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VerDate Nov 24 2008 05:44 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D29SE9.REC D29SEPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST D1100 CONGRESSIONAL RECORD — DAILY DIGEST September 29, 2009 order to the motions; provided further, that fol- Environment, which was sent to the Senate on Sep- lowing disposition of the points of order, and if the tember 10, 2009. motions to waive are successful, Senate then vote on Harris D. Sherman, of California, to be a Member adoption of the conference report, with two minutes of the Board of Directors of the Commodity Credit of debate, equally divided and controlled prior to Corporation, which was sent to the Senate on Sep- each vote. Page S9941 tember 10, 2009. Page S9942 Department of Defense Authorization Act Con- Messages from the House: Page S9928 ferees—Agreement: A unanimous-consent agree- Executive Communications: Pages S9928–29 ment was reached providing that with respect to the conferees on the Department of Defense Authoriza- Executive Reports of Committees: Page S9930 tion Act, Senators Kirk and LeMieux be added to re- Additional Cosponsors: Pages S9930–32 place the late Senator Kennedy and recently retired Statements on Introduced Bills/Resolutions: Senator Martinez. Page S9941 Pages S9932–37 Nominations Confirmed: Senate confirmed the fol- Additional Statements: Pages S9925–28 lowing nominations: By unanimous vote of 99 yeas (Vote No. EX. Amendments Submitted: Pages S9937–40 299), Jeffrey L. Viken, of South Dakota, to be Notices of Hearings/Meetings: Page S9940 United States District Judge for the District of Authorities for Committees to Meet: Page S9940 South Dakota. Pages S9918–21, S9942 Jenny A. Durkan, of Washington, to be United Privileges of the Floor: Page S9940 States Attorney for the Western District of Wash- Record Votes: One record vote was taken today. ington for the term of four years. (Total—299) Page S9921 Florence T. Nakakuni, of Hawaii, to be United States Attorney for the District of Hawaii for the Adjournment: Senate convened at 11:30 a.m. and term of four years. adjourned, in accordance with S. Res. 293, at 6:50 Deborah K. R. Gilg, of Nebraska, to be United p.m., until 10 a.m. on Wednesday, September 30, States Attorney for the District of Nebraska for the 2009. (For Senate’s program, see the remarks of the Majority Leader in today’s Record on page S9942.) term of four years. Pages S9940, S9942 Nominations Received: Senate received the fol- lowing nominations: Committee Meetings Gladys Commons, of Virginia, to be an Assistant Secretary of the Navy. (Committees not listed did not meet) Harris D. Sherman, of Colorado, to be Under Sec- retary of Agriculture for Natural Resources and En- PRIMARY EDUCATION IN THE DISTRICT vironment. OF COLUMBIA Harris D. Sherman, of Colorado, to be a Member Committee on Appropriations: Subcommittee on Finan- of the Board of Directors of the Commodity Credit cial Services and General Government concluded a Corporation. hearing to examine the use, impact, and accomplish- Steven L. Jacques, of Kansas, to be an Assistant ments of Federal appropriations provided to improve Secretary of Housing and Urban Development. the education of children in the District of Colum- Alan D. Bersin, of California, to be Commissioner bia, after receiving testimony from Mary M. Levy, of Customs, Department of Homeland Security. Washington Lawyers’ Committee for Civil Rights Michael C. Polt, of Tennessee, to be Ambassador and Urban Affairs, Robert Cane, Friends of Choice to the Republic of Estonia. in Urban Schools, Patricia Weitzel-O’Neill, Arch- Adele Logan Alexander, of the District of Colum- diocese of Washington, and Gregory M. Cork, bia, to be a Member of the National Council on the Washington Scholarship Fund, all of Washington, Humanities for a term expiring January 26, 2014. D.C. Victoria Angelica Espinel, of the District of Co- lumbia, to be Intellectual Property Enforcement Co- PRUDENTIAL BANK SUPERVISION ordinator, Executive Office of the President. Committee on Banking, Housing, and Urban Affairs: Page S9942 Committee concluded a hearing to examine strength- Nominations Withdrawn: Senate received notifica- ening and streamlining Prudential Bank supervision, tion of withdrawal of the following nominations: focusing on how regulation has evolved and varying Harris D. Sherman, of California, to be Under regulatory systems used during the financial crisis, Secretary of Agriculture for Natural Resources and after receiving testimony from Richard J. Hillman,

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Managing Director, Financial Markets and Commu- problems with contracting data systems, after receiv- nity Investment, Government Accountability Office; ing testimony from William T. Woods, Director, Eugene A. Ludwig, Promontory Financial Group, Acquisition and Sourcing Management, Government and Martin Neil Baily, Brookings Institution, both Accountability Office; Vivek Kundra, Federal Chief of Washington, D.C.; and Richard S. Carnell, Ford- Information Officer, Administrator for Electronic ham University School of Law, New York, New Government and Information Technology, Office of York. Management and Budget; Adam Hughes, OMB CHILDREN’S HEALTH PROTECTION Watch, Washington, D.C.; and Trey Hodgkins, TechAmerica, Arlington, Virginia. Committee on Environment and Public Works: Sub- committee on Children’s Health concluded a hearing BUSINESS MEETING to examine promoting and improving children’s Committee on Homeland Security and Governmental Af- health protections, after receiving testimony from fairs: Committee ordered favorably reported the Peter Grevatt, Director, Office of Children’s Health nominations of Richard Serino, of Massachusetts, to Protection and Environmental Education, Environ- be Deputy Administrator, Federal Emergency Man- mental Protection Agency; Linda S. Birnbaum, Di- agement Agency, Department of Homeland Security, rector, National Institute of Environmental Health and Daniel I. Werfel, of Virginia, to be Controller, Sciences, National Institutes of Health, Department Office of Federal Financial Management, Office of of Health and Human Services; Mary Story, Univer- Management and Budget. sity of Minnesota School of Public Health, Min- neapolis, on behalf of Healthy Eating Research Na- BODY BUILDING PRODUCTS tional Program Office; and Reid Ewing, University Committee on the Judiciary: Subcommittee on Crime of Utah Department of City and Metropolitan Plan- and Drugs concluded a hearing to examine body ning, Salt Lake City. building products and hidden steroids, focusing on BUSINESS MEETING enforcement barriers, after receiving testimony from Committee on Finance: Committee resumed consider- Michael Levy, Director, Division of New Drugs and ation of an original bill entitled, ‘‘America’s Healthy Labeling Compliance, Office of Compliance, Center Future Act of 2009’’, but did not complete action for Drug Evaluation and Research, United States thereon, and recessed subject to the call and will Food and Drug Administration, Department of meet again on Wednesday, September 30, 2009. Health and Human Services; Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion FEDERAL CONTRACTING DATABASES Control, Drug Enforcement Administration, Depart- Committee on Homeland Security and Governmental Af- ment of Justice; Travis T. Tygart, United States fairs: Ad Hoc Subcommittee on Contracting Over- Anti-Doping Agency, Colorado Springs, Colorado; sight concluded a hearing to examine improving and Daniel Fabricant, Natural Products Association, transparency and accessibility of federal contracting and Richard Kingham, Covington & Burling LLP, databases, focusing on the correct diagnoses of the both of Washington, D.C. h House of Representatives H.R. 2442, to amend the Reclamation Waste- Chamber Action water and Groundwater Study and Facilities Act to Public Bills and Resolutions Introduced: 16 pub- expand the Bay Area Regional Water Recycling Pro- lic bills, H.R. 3659–3674; and 4 resolutions, H. gram (H. Rept. 111–268); Con. Res. 192; and H. Res. 782–784, were intro- H.R. 2950, to direct the Secretary of the Interior duced. Pages H10069–70 to allow for prepayment of repayment contracts be- Additional Cosponsors: Pages H10070–71 tween the United States and the Uintah Water Con- servancy District, with an amendment (H. Rept. Reports Filed: Reports were filed today as follows: 111–269); H.R. 685, to require a study of the feasibility of H.R. 905, to expand the boundaries of the Thun- establishing the United States Civil Rights Trail der Bay National Marine Sanctuary and Underwater System, with amendments (H. Rept. 111–267); Preserve, with an amendment (H. Rept. 111–270);

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H.R. 1771, to reauthorize the Chesapeake Bay Of- payment contracts between the United States and fice of the National Oceanic and Atmospheric Ad- the Uintah Water Conservancy District; ministration, with an amendment (H. Rept. Pages H10006–07 111–271); Leadville Mine Drainage Tunnel Remediation H.R. 1053, to require the Office of Management Act of 2009: H.R. 3123, amended, to direct the Sec- and Budget to prepare a crosscut budget for restora- retary of the Interior, acting through the Bureau of tion activities in the Chesapeake Bay watershed and Reclamation, to remedy problems caused by a col- to require the Environmental Protection Agency to lapsed drainage tunnel in Leadville, Colorado; develop and implement an adaptive management Page H10007 plan, with an amendment (H. Rept. 111–272, Pt. Thunder Bay National Marine Sanctuary and 1); Underwater Preserve Boundary Modification Act: H.R. 1881, to enhance the transportation security H.R. 905, amended, to expand the boundaries of the functions of the Department of Homeland Security Thunder Bay National Marine Sanctuary and Under- by providing for an enhanced personnel system for water Preserve, by a 2/3 yea-and-nay vote of 286 employees of the Transportation Security Adminis- yeas to 107 nays, Roll No. 740; tration (H. Rept. 111–273, Pt. 1); Pages H10007–09, H10040 H.R. 1881, to enhance the transportation security functions of the Department of Homeland Security Supporting the goals and ideals of National Life by providing for an enhanced personnel system for Insurance Awareness Month: H. Res. 16, to sup- employees of the Transportation Security Adminis- port the goals and ideals of National Life Insurance tration (H. Rept. 111–273, Pt. 2); Awareness Month, by a 2/3 yea-and-nay vote of 394 yeas to 1 nay, Roll No. 741; H.R. 2711, to amend title 5, United States Code, to provide for the transportation of the dependents, Pages H10013–14, H10040–41 remains, and effects of certain Federal employees who Honoring the life and accomplishments of Jim die while performing official duties or as a result of Johnson: H. Res. 693, to honor the life and accom- the performance of official duties, with an amend- plishments of Jim Johnson and to extend the condo- ment (H. Rept. 111–274); and lences of the House of Representatives to his family H.R. 2092, to amend the National Children’s Is- on the occasion of his death; Pages H10015–16 land Act of 1995 to expand allowable uses for King- Supporting the goals and ideals of Sickle Cell man and Heritage Islands by the District of Colum- Disease Awareness Month: H. Con. Res. 186, to bia, with an amendment (H. Rept. 111–275). support the goals and ideals of Sickle Cell Disease Page H10068–69 Awareness Month; Pages H10016–18 Speaker: Read a letter from the Speaker wherein she Congratulating the Chula Vista Park View Lit- appointed Representative Clay to act as Speaker pro tle League team of Chula Vista, California, for tempore for today. Page H10001 winning the 2009 Little League World Series Recess: The House recessed at 12:38 p.m. and re- Championship: H. Res. 725, to congratulate the Chula Vista Park View Little League team of Chula convened at 2 p.m. Page H10002 Vista, California, for winning the 2009 Little League Suspensions: The House agreed to suspend the rules World Series Championship; Pages H10018–19 and pass the following measures: Expressing the support for and honoring Sep- United States Civil Rights Trail System Act of tember 17, 2009 as ‘‘Constitution Day’’: H. Res. 2009: H.R. 685, amended, to require a study of the 734, amended, to express the support for and to feasibility of establishing the United States Civil honor September 17, 2009 as ‘‘Constitution Day’’; Rights Trail System; Pages H10003–04 and Pages H10019–20 Agreed to amend the title so as to read: ‘‘To re- Agreed to amend the title so as to read: ‘‘Express- quire the Secretary of the Interior to conduct a spe- ing support for the goals and ideals of Constitution cial resource study regarding the proposed United Day’’. Page H10020 States Civil Rights Trail, and for other purposes.’’. Providing for an additional temporary extension Page H10004 of programs under the Small Business Act and the Directing the Secretary of the Interior to allow Small Business Investment Act of 1958: Agreed to for prepayment of repayment contracts between the the Senate amendment to H.R. 3614, to provide for United States and the Uintah Water Conservancy an additional temporary extension of programs under District: H.R. 2950, amended, to direct the Sec- the Small Business Act and the Small Business In- retary of the Interior to allow for prepayment of re- vestment Act of 1958. Page H10021

VerDate Nov 24 2008 05:44 Sep 30, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D29SE9.REC D29SEPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST September 29, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1103 Recess: The House recessed at 3:56 p.m. and recon- Quorum Calls—Votes: Three yea-and-nay votes de- vened at 6:02 p.m. Page H10021 veloped during the proceedings of today and appear Suspensions—Proceedings Postponed: The House on pages H10040, H10040–41, and H10041–42. debated the following measures under suspension of There were no quorum calls. the rules. Further proceedings were postponed: Adjournment: The House met at 12:30 p.m. and Bay Area Regional Water Recycling Program adjourned at 10:57 p.m. Expansion Act of 2009: H.R. 2442, amended, to amend the Reclamation Wastewater and Ground- Committee Meetings water Study and Facilities Act to expand the Bay CRIME VICTIMS RIGHTS ACT OF 2009 Area Regional Water Recycling Program; Pages H10004–06 Committee on the Judiciary: Subcommittee on Crime, Terrorism and Homeland Security held a hearing on Chesapeake Bay Science, Education, and Eco- Crime Victims Rights Act of 2004. Testimony was system Enhancement Act of 2009: H.R. 1771, heard from Eileen Larence, Director, Homeland Se- amended, to reauthorize the Chesapeake Bay Office curity and Justice Issues, GAO; the following offi- of the National Oceanic and Atmospheric Adminis- cials of the Department of Justice: Mary Lou Leary, tration; and Pages H10009–12 Acting Assistant Attorney General, Office of Justice Chesapeake Bay Accountability and Recovery Programs, and Laurence E. Rothenberg, Deputy As- Act of 2009: H.R. 1053, amended, to require the sistant Attorney General, Office of Legal Policy; and Office of Management and Budget to prepare a public witnesses. crosscut budget for restoration activities in the ADMINISTRATION’S FLU VACCINE Chesapeake Bay watershed and to require the Envi- PROGRAM ronmental Protection Agency to develop and imple- ment an adaptive management plan. Pages H10012–13 Committee on Oversight and Government Reform: Held a hearing entitled ‘‘The Administration’s Flu Vaccine Agriculture, Rural Development, Food and Drug Program: Health, Safety and Distribution.’’ Testi- Administration, and Related Agencies Appro- mony was heard from the following officials of the priations Act, 2010—Motion to go to Con- Department of Health and Human Services: Thomas ference: The House agreed to the DeLauro motion R. Frieden, M.D., Director, Centers for Disease Con- to disagree to the Senate amendment and agree to trol and Prevention; and Anthony S. Fauci, M.D., a conference on H.R. 2997, making appropriations Director, National Institute of Allergy and Infectious for Agriculture, Rural Development, Food and Drug Diseases; and Jesse Goodman, M.D., Acting Chief Administration, and Related Agencies programs for Scientist and Deputy Commissioner, Scientific Ad- the fiscal year ending September 30, 2010. ministration and Medical Programs, FDA. Pages H10021–23 Agreed to the Kingston motion to instruct con- BILLION DOLLAR KATRINA ferees on the bill by a yea-and-nay vote of 359 yeas INFRASTRUCTURE LOGJAM to 41 nays, Roll No. 742. Pages H10021–23, H10041–42 Committee on Transportation and Infrastructure: Sub- Later, the Chair appointed the following conferees: committee on Economic Development, Public Build- Representatives DeLauro, Farr, Boyd, Bishop (GA), ings and Emergency Management held a hearing on Davis (TN), Kaptur, Hinchey, Jackson (IL), Obey, Final Breakthrough on the Billion Dollar Katrina In- Kingston, Latham, Emerson, Alexander, and Lewis frastructure Logjam: How is it Working? Testimony (CA). Page H10042 was heard from Stephen Daniels, Chairman, Civilian Committee on Transportation and Infrastruc- Board of Contract Appeals, GSA; the following offi- ture—Communication: Read a letter from Chair- cials of FEMA, Department of Homeland Security: man Oberstar wherein he transmitted copies of 11 David Garratt, Acting Deputy Administrator; and resolutions to authorize appropriations for the Gen- Charles R. Axton, FEMA Lead, Unified Public As- eral Services Administration’s FY 2010 Capital In- sistance Project Decision Team, Gulf Coast Recovery vestment and Leasing Program adopted by the Com- Office; Paul Rainwater, Executive Director, Recovery mittee on Transportation and Infrastructure on Sep- Authority, State of Louisiana; and a public witness. tember 24, 2009. Pages H10023–40 Senate Message: Message received from the Senate Joint Meetings by the Clerk and subsequently presented to the STABILITY IN THE WESTERN BALKANS House today appears on page H10020. Commission on Security and Cooperation in Europe. Com- Senate Referrals: S. 1717 was held at the desk. mission concluded a hearing to examine the Western

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Eurasian Affairs; and Bjorn Lyrvall, Director-General Committee on the Judiciary: to hold hearings to examine for Political Affairs, Foreign Ministry of Sweden, advancing freedom of information in the New Era of Re- Stockholm. sponsibility, 10 a.m., SD–226. f Subcommittee on Administrative Oversight and the Courts, to hold hearings to examine responding to the COMMITTEE MEETINGS FOR WEDNESDAY, growing need for federal judgeships, focusing on the Fed- SEPTEMBER 30, 2009 eral Judgeship Act of 2009, 2:30 p.m., SD–226. Committee on Veterans’ Affairs: to hold hearings to exam- (Committee meetings are open unless otherwise indicated) ine Veterans Affairs contracts for health services, 9:30 a.m., SR–418. Special Committee on Aging: to hold hearings to examine Senate how successful health systems keep costs low and quality Committee on Agriculture, Nutrition, and Forestry: to hold high, 11 a.m., SD–106. hearings to examine the nominations of Bartholomew Chilton, of Maryland, Jill Sommers, of Kansas, and Scott House D. O’Malia, of Michigan, all to be a Commissioner of the Committee on Agriculture, Subcommittee on Conserva- Commodity Futures Trading Commission, Edward M. tion, Credit, Energy, and Research, hearing to review the Avalos, of New Mexico, to be Under Secretary for Mar- implementation of the research title of the 2008 Farm keting and Regulatory Programs, Edward M. Avalos, and Bill, 10 a.m., 1300 Longworth. Harris D. Sherman, of California, to be Under Secretary Committee on Armed Services, hearing on the status of on- for Natural Resources and Environment, both to be a going U.S. efforts in Iraq, 10 a.m., 210 HVC. Member of the Board of Directors of the Commodity Committee on Education and Labor, hearing on Teacher Credit Corporation, both of the Department of Agri- Equity: Effective Teachers for All Children, 11 a.m., culture, and Kenneth Albert Spearman, of Florida, to be 2175 Rayburn. a Member of the Farm Credit Administration Board, Committee on Energy and Commerce, to mark up the fol- Farm Credit Administration, 9:45 a.m., SR–328A. lowing bills: H.R. 2221, Data Accountability and Trust Committee on Banking, Housing, and Urban Affairs: Sub- Act; H.R. 1319, Informed P2P User Act; and H.R. committee on Security and International Trade and Fi- 2190, Mercury Pollution Reduction Act, 10 a.m., 2123 nance, to hold hearings to examine international coopera- Rayburn. tion to modernize financial regulation, 2:30 p.m., Committee on Financial Services, hearing entitled ‘‘Per- SD–538. spectives on the Consumer Financial Protection Agency,’’ Committee on Finance: business meeting to continue con- 10 a.m., 2128 Rayburn. sideration of an original bill entitled ‘‘America’s Healthy Subcommittee on Capital Markets, Insurance and Gov- Future Act of 2009’’, 10 a.m., SH–216. ernment Sponsored Enterprises, hearing entitled ‘‘Reform- Committee on Foreign Relations: Subcommittee on African ing Credit Rating Agencies,’’ 2 p.m., 2128 Rayburn. Affairs, to hold hearings to examine exploring United Committee on Homeland Security, Subcommittee on Trans- States policy options toward Zimbabwe’s transition, 10:15 portation Security and Infrastructure Protection, hearing a.m., SD–419. entitled ‘‘The Future of the Registered Traveler Pro- Subcommittee on East Asian and Pacific Affairs, to gram,’’ 2 p.m., 311 Cannon. hold hearings to examine United States policy toward Committee on the Judiciary, Subcommittee on Crime, Burma, focusing on its impact and effectiveness, 2:30 Terrorism, and Homeland Security, hearing on p.m., SD–419. Cyberbullying and other Online Safety Issues for Chil- Committee on Health, Education, Labor, and Pensions: busi- dren, including the following bills: H.R. 1966, Megan ness meeting to consider an original bill entitled ‘‘Ryan Meier Cyberbullying Prevention Act; and H.R. 3630, White HIV/AIDS Treatment Extension Act of 2009’’, Adolescent Web Awareness Requires Education Act, 3 and the nominations of Brenda Dann-Messier, of Rhode p.m., 2141 Rayburn. Island, to be Assistant Secretary for Vocational and Adult Committee on Natural Resources, to mark up the fol- Education, and Alexa E. Posny, of Kansas, to be Assistant lowing bills: H.R. 2489, AmericaView Geospatial Im- Secretary for Special Education and Rehabilitative Serv- agery Mapping Program Act; H.R. 1471, To expand the ices, both of the Department of Education, and George boundary of the Jimmy Carter National Historic Site in H. Cohen, of Virginia, to be Federal Mediation and Con- the State of Georgia, to redesignate the unit as a National ciliation Director, Federal Mediation and Conciliation Historical Part, and for other purposes; H.R. 2213, To Service, and any pending nominations, 10 a.m., SD–430. reauthorize the Neotropical Migratory Bird Conservation

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Act; H.R. 3537, Junior Duck Stamp Conservation and Committee on Transportation and Infrastructure, Sub- Design Program Reauthorization Act of 2009; H.R. committee on Coast Guard and Maritime Transportation, 3433, To amend the North American Wetlands Con- hearing on A Review of the Coast Guard’s Search and servation Act to establish requirements regarding pay- Rescue Mission, 10 a.m., 2167 Rayburn. ment of the non-Federal share of the costs of wetlands Subcommittee on Economic Development, Public conservation projects in Canada that are funded under Buildings and Emergency Management, hearing on This that Act, and for other purposes; H.R. 1065, White is NOT a Test: Will the Nation’s Emergency Alert Sys- Mountain Apache Tribe Water Rights Quantification Act tem Deliver the President’s Message to the Public? 2 of 2009; H.R. 3254, Taos Pueblo Indian Rights Settle- p.m., 2167 Rayburn. ment Act; and H.R. 3342, Aamodt Litigation Settlement Committee on Veterans’ Affairs, hearing on Energy Effi- Act, 10 a.m., 1324 Longworth. ciency at the U.S. Department of Veterans Affairs, 10 Committee on Oversight and Government Reform, hearing a.m., 334 Cannon entitled ‘‘Credit Rating Agencies and the Next Financial Permanent Select Committee on Intelligence, Subcommittee Crisis,’’ 10 a.m., 2154 Rayburn. on Terrorism, Human Intelligence, Analysis, and Coun- Committee on Science and Technology, Subcommittee on terintelligence, executive, briefing on Hot Spots, 4 p.m., Energy and Environment, to consider the following bills: 304 HVC. H.R. 3650, Harmful Algal Blooms and Hypoxia Research and Control Amendments Act of 2009; H.R. 3585, Solar Joint Meetings Technology Roadmap Act; and H.R. 3598, Energy and Water Research Integration Act, 10 a.m., 2318 Rayburn. Conference: meeting of conferees on H.R. 2997, making Committee on Small Business, hearing entitled ‘‘ Expiring appropriations for Agriculture, Rural Development, Food Tax Incentives: Examining Their Importance for Small and Drug Administration, and Related Agencies pro- Businesses on the Road to an Economic Recovery,’’ 10 grams for the fiscal year ending September 30, 2010, 3 a.m., 2360 Rayburn. p.m., S–127, Capitol.

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Next Meeting of the SENATE Washington women’s softball team; (3) H. Res. 769—Recog- 10 a.m., Wednesday, September 30 nizing the benefits of service-learning as a teaching strategy; (4) H. Res. 487—Recognizing the 100th anniversary of the State Senate Chamber News at Michigan State University; (5) H. Res. 90—Sup- porting the goals and ideals of National Campus Safety Aware- Program for Wednesday: After the transaction of any morn- ness Month; (6) S. Con. Res. 41—A concurrent resolution pro- ing business (not to extend beyond one hour), Senate will begin viding for the acceptance of a statue of Helen Keller; (7) H. consideration of the conference report to accompany H.R. Res. 692—Supporting the goals and ideals of Tay-Sachs Aware- 2918, Legislative Branch Appropriations Act, with a series of ness Month; (8) H. Res. 314—Honoring and saluting Hillerich at least 3 votes at approximately 4:30 p.m. & Bradsby Co.; (9) S. 1289—Foreign Evidence Request Effi- (Senate will recess from 12:30 p.m. until 2:15 p.m. for their re- ciency Act; (10) H.R. 1727—Managing Arson Through Crimi- spective party conferences.) nal History Act; (11) H. Res. 757—Supporting the goals and ideals of a National Day of Remembrance for Homicide Vic- tims; (12) H.R. 1333—Exempts the transportation, shipment, Next Meeting of the HOUSE OF REPRESENTATIVES receipt, or importation of explosive materials for delivery to a 10 a.m., Wednesday, September 30 federally recognized Indian tribe or an agency of such a tribe from various Federal criminal prohibitions relating to explo- sives; (13) H. Res. 739—Honoring the life of Dr. Norman E. House Chamber Borlaug; (14) H. Con. Res. 151—Expressing the sense of Con- Program for Wednesday: Consideration of the following sus- gress that China release democratic activist Liu Xiaobo from pensions: (1) H. Res. 731—Expressing the sense of the House imprisonment; (15) H. Con. Res. 51—Recognizing the 50th of Representatives that the employees of the Department of anniversary of the signing of the Antarctic Treaty; (16) S. Homeland Security should be commended for their dedicated 1707—Authorizing appropriations for fiscal years 2010 service on the Nation’s front lines in the war against acts of through 2014 to promote an enhanced strategic partnership terrorism; (2) H. Res. 517—Congratulating the University of with Pakistan and its people.

Extensions of Remarks, as inserted in this issue

HOUSE Duncan, John J., Jr., Tenn., E2396 Kucinich, Dennis J., Ohio, E2386, E2388, Sestak, Joe, Pa., E2393, E2397 Ellison, Kieth, Minn., E2386 E2389, E2391, E2392, E2397 Space, Zachary T., Ohio, E2384, E2386, Bachmann, Michele, Minn., E2388 Gonzalez, Charles A., Tex., E2397 Lance, Leonard, N.J., E2384 E2387, E2389, E2390, E2391, E2392, Berry, Marion, Ark., E2395 Gordon, Bart, Tenn., E2389 LaTourette, Steven C., Ohio, E2387 E2393, E2394, E2395 Bishop, Rob, Utah, E2393 Grayson, Alan, Fla., E2381 Marchant, Kenny, Tex., E2389 Stupak, Bart, Mich., E2388 Boozman, John, Ark., E2393 Gutierrez, Luis V., Ill., E2396 Meek, Kendrick B., Fla., E2391, E2398 Tanner, John S., Tenn., E2385 Brady, Robert A., Pa., E2390, E2392, Hastings, Alcee L., Fla., E2391 Moran, James P., Va., E2383 E2398 Inglis, Bob, S.C., E2394 Pascrell, Bill, Jr., N.J., E2390, E2398 Towns, Edolphus, N.Y., E2381, E2382, Capuano, Michael E., Mass., E2381 Issa, Darrell E., Calif., E2387 Paul, Ron, Tex., E2388 E2383, E2384, E2386 Carney, Christopher P., Pa., E2394, Johnson, Henry C. ‘‘Hank’’, Jr., Ga., Payne, Donald M., N.J., E2396, E2398 Turner, Michael R., Ohio, E2390 E2395 E2393 Rangel, Charles B., N.Y., E2382 Visclosky, Peter J., Ind., E2385 Carson, Andre´, Ind., E2392 Jones, Walter B., N.C., E2394 Richardson, Laura, Calif., E2381 Woolsey, Lynn C., Calif., E2397 Costello, Jerry F., Ill., E2383 Kanjorski, Paul E., Pa., E2382 Rogers, Mike, Ala., E2395 DeLauro, Rosa L., Conn., E2383, E2394 Kingston, Jack, Ga., E2385 Ross, Mike, Ark., E2395

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